HomeMy WebLinkAbout31-Development Services
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
_rom:
Wlept:
Valerie C. Ross, Director
Development Services
Subject: Appeal of Planning Commission approval
of Development Permit II No. 03-48 for a Lowe's
Home Improvement Center located on the west side
of HalImark Parkway approximately 500 feet north of
University Parkway in the UBP-2, University
Business Park land use district.
Date:
November 28, 2006
MCC Date: December 18,2006
Synopsis of Previous Council Action:
None
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning
Commission's approval of Development Permit II No. 03-48, based upon Findings of Fact contained in the
Planning Commission Staff Report dated October 17,2006, subject to the Conditions of Approval, Standard
Requirements (Exhibit 2) and additional requirements proposed by the applicant (Exhibit 4).
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Vt1/JMJ ~ ~
Valerie C. Ross
Contact person: Aron Liang. Senior Planner
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s): 6
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
Agenda Item No. .3.L-
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
DEVELOPMENT PERMIT II NO. 03-48 (Appeal No. 06-17)
Owner/Applicant:
Al Montes
Lowe's HIW, Inc.
1530 Faraday Avenue, Suite 140
Carlsbad, CA 92008
760.804.5300
Appellant:
James M. Powell, Esq.
Ambulatory Services Corporation
4240 North Hallmark Parkway, 2nd Floor
San Bernardino, CA 92407
909.887.8788
BACKGROUND
Development Permit II No. 03-48 is a request to construct a Lowe's Home Improvement Center
and two additional retail buildings on approximately 14.14 acres located on the west side of
Hallmark Parkway al?proximately 500 feet north of University Parkway in the UBP-2, University
Business Park land use district.
At its meeting on October 17,2006, the Planning Commission opened the public hearing and
received public testimony on the subject matter. After considerable discussion, the Planning
Commission unanimously approved Development Permit II No. 03-48. Commissioners Coute,
DUIT, Enciso, Heasley, Longville, Mulvihill, Munoz, and Sauerbrun voted in favor of the motion
and Commissioner Rawls was absent.
The appellant, Mr. Powell, spoke at the Planning Commission hearing and expressed concerns
about potential impacts on sensitive equipment at his clients' neighboring medical facilities at
4130 N. Hallmark Pkwy. He noted a specific concern about the vibration and dust emissions of
construction equipment used for grading and paving operations, because the medical facility
houses a magnetic resonance imaging (MR!) unit that is precisely calibrated for medical
scanning procedures. The appeal statement (Exhibit 3) explains the appellant's concerns in
detail.
On behalf of Hallmark Surgical Center, LLC & Hallmark MR!, LLC, James M. Powell filed an
appeal to the Planning Commission approval of Development Permit II No. 03-48 on November
1,2006.
On November 15, 2006, the entire project planning and construction management team for the
Lowe's project met with Development Services staff and the appellant, to find a solution that
would satisfy the appellant's concerns. Lowe's also brought an environmental consultant,
Michael Hendrix of Michael Brandman Associates, to advise on quantifying the impacts of dust
and vibration, and how they might be reduced to protect the MR! equipment. Staff asked the
appellant for specifications on the MRI equipment to determine acceptable tolerances for
vibration. The appellant has attempted, but has not been successful in obtaining this information
from the manufacturer ofthe equipment. In consultation with the environmental consultant, the
.
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Appeal No. 06- I7
DPll No. 03-48
Hearing Date: December J 8. 2006
Page 2
Lowe's construction manager, the paving contractor and the City Engineering staff, a list of
requirements that could be implemented to minimize or eliminate potential impacts on the
sensitive equipment was compiled. In a letter dated November 21, 2006 (Exhibit 4) Lowe's
committed to implementation ofthese requirements, which go beyond the typical construction
impact mitigation contained in the Lowe's project EIR.
The appellant has been working with City staff and with Lowe's to resolve the concerns of his
client. However, he has yet to receive a positive conclusion from the equipment manufacturer
that the equipment in question will not be affected. Staff recommends that the appeal be denied
and the Lowe's project be approved with the requirements in Exhibit 4 as the best techniques
available to protect the neighboring site from dust and vibration.
FINANCIAL IMPACT
None. The appellant paid the filing fees for the proposed appeal.
RECOMMENDATION
That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold
the Planning Commission's approval of Development Permit II No. 03-48, based upon Findings
of Fact contained in the Planning Commission Staff Report dated October 17,2006, subject to
the Conditions of Approval, Standard Requirements (Exhibit 2) and additional requirements
proposed by the applicant (Exhibit 4).
EXHffiITS:
1 Location Map
2 Planning Commission Staff Report dated October 17, 2006
3 Appeal Application & Letter Dated October 30, 2006
4 Lowe's Letter Dated November 21,2006
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EXHIBIT 1
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PRO.JECT: DPII 03-48
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
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EXHIBIT 2
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Permit No. 03-48
2
October 17, 2006
6
OWNER! APPLICANT:
Al Montes
Lowe's, HIW, Inc,
1530 Faraday Avenue, Suite 140
Carlsbad, CA 92008
760.804.5300
/
-
REQUEST/LOCATION:
A request to construct three retail buildings ranging in size from 6,000 square feet to 166,288
square feet on approximately 14,14 acres ofland located on the west side of Hallmark Parkway
approximately 500 feet north of University Parkway in the UBP-2, University Business Park
land use district.
CONSTRAINTS/OVERLA YS:
High Wind Hazard Area
ENVIRONMENTAL FINDINGS:
:J Not applicable
:J Exempt, per Section
iii Mitigation Measures and Mitigation MonitoringIReporting Program
III Environmental Impact Report (SCH No. 2006031006), Mitigation Measures, Facts, Findings
and Statement of Overriding Considerations
STAFF RECOMMENDATION:
1<1 Approval
1<1 Conditions
.J Denial
o Continuance to:
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DPlI No. 03-48
Hearing Dale /0//7/06
Page 2
REQUEST AND PROJECT DESCRIPTION
This request is for approval of Development Permit II No. 03-48 under the authority of
Development Code Section 19.10.030, Table 10.03 for three retail buildings ranging in size from
6,000 square feet to 166,288 square feet on approximately 14.4 acres of land located on the west
side of Hallmark Parkway approximately 500 feet north of University Parkway in the UBP-2,
University Business Park land use district (Attachments A and B)
The project site consists of five parcels and is approximately 14.4 acres. The project site has
been designed to accommodate three buildings ranging in size from 6,000 square feet to 166,288
square feet. The Lowe's home improvement warehouse building will be approximately 166,288
square feet, which includes a 134,788 square foot warehouse building and a 31,588 square foot
outdoor garden center. The building will be located closest to the northerly property boundary
with parking immediately in front of the building and extensive landscaping located throughout
the project site. Building A of approximately 30,000 square feet will be located in the southwest
comer of the site and Building B of approximately 6,000 square feet. will be located in the
southeast comer of the site. Building A will be a single tenant building and Building B will be a
multi-tenant building. Of the total 14.4 acres, the home improvement warehouse building will be
constructed on approximately 10.78 acres and Buildings A & B will be constructed on
approximately 2.67 acres and .95 acres, respectively. The site will have access from four
driveways with two on Hallmark Parkway, one on University Parkway, and one on Georgia
Boulevard (Attachment B).
The project will be constructed in 2 phases. Phase I will include construction of the home
improvement building and related on-site improvements as shown on the proposed site plan
(Attachment B). Phase 2 will include construction of the remaining Buildings A & B.
Construction activities for Phase I are anticipated to take approximately 6 - 8 months. The home
improvement building has been designed with contemporary architectural features with stucco
columns and decorative elements, articulated rooflines, wall planes and the design of the
building complies with the architectural Design Guidelines in the Development Code. Although
no elevations have been proposed for Buildings A & B, Condition of Approval No. 20
(Attachment C) requires that the architectural themes for Buildings A & B be designed consistent
with the architectural Design Guidelines in Section G 19.06 and that they be compatible with the
home improvement warehouse building. Furthermore, all building fayades for Buildings A & B
will be required to be finished with a variety of colors and materials, such as cultured stone
veneer and stucco. All wall planes will be articulated though the use of various "pop outs",
arches with stucco over foam, column caps, stucco columns, and decorative light fixtures. All
rooflines will be treated with stucco over foam cornice treatments. The colors will be
complementary to the surrounding commercial establishments.
The hours of operation for the home improvement building are anticipated to be 6:00 am to
10:00 pm, Monday thru Saturday, and 7:00 am to 8:00 pm on Sunday. Buildings A & B are
proposed to operate from 8:00 am to II :00 pm, seven days per week.
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DPlI No. 03-48
Hearing Date /0//7/06
Page 3
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SETTING/SITE CHARACTERISTICS
The project site is currently vacant and relatively flat, generally covered with typical weedy
vegetation. The site is located in an urban area that is developing with a mix of professional
office space, warehouse uses and commercial retail and restaurant uses. The project site is
irregular il) shape and surrounded by streets on all three sides to the south, east and west with
Gannett Parkway extending through the site connecting Hallmark Parkway and Georgia
Boulevard. Gannett Parkway will be vacated, realigned and re-constructed along the northerly
property boundary to reconnect Georgia Boulevard and Hallmark Parkway. The new street will
be named the Sun Way.
Surrounding the site to the east across Hallmark Parkway is a developed retail site that includes
the Walmart building, a service station and restaurant uses in the UBP-2 land use district. To the
north abuning the site are industrial uses in the IH, Industrial Heavy district. To the west is the
Sun newspaper headquarters and vacant land in the lH district. To the south abutting the site and
across University Parkway are commercial retail uses in the CG-l land use district.
BACKGROUND
The project applicant initially submitted Development Permit Type II No. 03-48 in early
November 2003 and due to issues and concerns surrounding vacation of Gannett Parkway, the
e project was postponed.
The Development/Environmental Review Committee (D/ERC) initially reviewed this project on
October 13,2005 and concurred that an Environmentallmpact Report (ElR) would be required
for the proposal.
On December 19,2005, the Mayor and Common CoulJcil adopted a resolution approving a
professional service agreement between the City of San Bernardino and Terra Nova Planning &
Research, Inc. to prepare an Environmental Impact Report for the Lowe's Home Improvement
Warehouse Project.
CALIFORNIA ENVIRONMENATL QUALITY ACT (CEQA) STATUS
Terra Nova Planning & Research, Inc., prepared an Environmental Impact Report (DElR) on
behalf of the City. On February 23,2006, the D/ERC reviewed the proposal and approved
release of a Notice of Preparation (NOP) of an EIR for a 30-day public review and comment
period from March 3, 2006 to April 3, 2006. During the public review period, a scoping meeting
was held on March 13,2006. A representative from Omnitrans attended the scoping meeting
and offered recommendations for the design and location of bus stops at the project site. Several
comments were received from public agencies in response to the NOP. The comments have
been noted and addressed in the EIR.
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DPll No. 03-48
Hearing Date 10/17/06
Page 4
Upon completion of the Draft ErR, the Notice of Completion (NOC) was sent to the Governor's
Office of Planning and Research State Clearinghouse and circulated for public review for 45
days from August 9, 2006, to September 22,2006. The Draft EIR was made available for public
review at the Development Services Department, the Feldheym Central Library, and the City of
San Bernardino web site. The Draft ErR received no comments from the individuals and several
from public agencies. The Gas Company, California Native American Heritage Commission,
South Coast Air Quality Management District, Southern California Association of Governments,
California Public Utilities Commission and the State Clearinghouse submitted comment letters,
and complete responses have been provided in the Final EIR.
The ElR identified the following unavoidable significant environmental impacts:
AirOualitv
The EIR concluded that implementation of the proposed project will have significant short-term,
long-ternl and cumulative air emissions impacts. Short-term construction mitigation measures
would not reduce the criteria pollutant emissions for CO (Carbon Monoxide), NOx (Nitrogen
Oxide), ROG (Reactive Organic Gases), and PMIO (Particulate Matter) elements associated with
construction of the proposed project to a less than significant level. Long-term air emissions
impacts even with mitigation will remain significant and unavoidable for CO (Carbon
Monoxide), NOx (Nitrogen Oxide) and ROG (Reactive Organic Gases). Both short-term and
long-term emissions will lead to unavoidable significant cumulative impacts, as discussed in the
CEQA Findings (Attachment F).
The proposed project was reviewed by the D/EB.C again on October 9,2006. At this time, the
D/ERC determined that the EIR adequately addresses the potential impacts of the project and
adequately addressed the comments received and recommended certification of the EIR and
moved the proposal to the Planning Commission.
FINDINGS AND ANALYSIS
I. Is rhe proposed development permitted within the subject zoning district and does
ir complv wirh all ofrhe applicable provisions of the Development Code,
including prescribed devidopment/sire standards and any/all applicable design
guidelines?
Pursuant to Development Code Section 19.10.030, Table 10.03, construction of a home
improvement warehouse building with commercial uses in the UBP-2 land use district is
subject to the approval of a Development Permit Type 2. The proposed project complies
with all applicable provisions of the Development Code as shown below in Table "An.
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DPII No. 03-48
Hearing Dale /0//7/06
Page 5
TABLE "A" - DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
! CATEGORY
I PROPOSAL DEVELOPMENT CODE GENERAL PLAN
i Pemrined Use Home Improvement Pemrined subject to Consistent
! Warehouse with Development Pennit
Commercial Retail Uses
I Height 31 reet 4 stories or 35 reet N/A
,
I Setbacks
I - Front 10 reet 10 reet N/A
- Side (street) 10 reet 10 reet
- Side (interior) 10 reet 10 reet
- Rear 10 reet 10 reet
! Landscapmg 63.746 square reet 63.746 square reet N/A
i (15%) (15%)
I Lot Coverage 33 % 50% NiA
I
Parking 746 stalls 719 stalls N/A
- Standard 734 711
- Handicap 12 8
2. Is the proposed development consistent with the General Plan?
The proposal is consistent with General Plan goals & policies as follows:
General Plan Policy 4.1.1 states: "Proactively seek out and retain businesses that create
jobs and generate sales tax revenue."
General Plan Goal 2.2 states: "Promote development that integrates with and minimizes
impacts on surrounding land uses."
General Plan Policy 2.2.1 states: .. Ensure compatibility between land uses and quality
design through adherence to the standards and regulations in the Development Code and
policies and guidelines in the Community Design Element."
The project will expand job opportunities and retail service opportunities for local
residents and the surrounding community. The proposal has been designed with
contemporary unifying architectural design elements and will be an upscale commercial
center with a mixture of retail and restaurant uses. The project has been designed and
conditioned to ensure architectural compatibility with adjacent commercial buildings.
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DPll No. 03-48
Hearing Date /0//7/06
Page 6
3.
Is Ihe proposed development harmonious and compatible with existing and future
developments within the land use district and general area, as well as the land uses
presel1llyon Ihe subjecl property?
The proposed uses will be compatible with existing and future deveiopment in the
surrounding area. The properties surrounding the project site have been developed with
commercial and industrial uses, including outdoor processing and storage of materials.
Future development will be required to meet. the requirements of the UBP-2 land use
district, which will be similar to the proposed project.
4.
Is approval of the Development Permit for the proposed development in compliance with
Ihe requiremenlS of Ihe California Environmental Quality Act and Section 19.20.030(6)
of the Development Code?
An Environmental Impact Report (EIR) (SCH No. 2006031006) was prepared to analyze
all potential impacts related to approval of the Development Permit in compliance with
CEQA requirements and Section 19.20.030 (6) of the Development Code. The EIR
identifies measures required to mitigate potential impacts to biological resources, geology
& soils and traffic/circulation. These measures are presented in the Mitigation
Monitoring Reporting Program (Attachment E), which is incorporated by reference in the
Conditions of Approval (Attachment C). The D/ERC and Planning Commission have
independently reviewed, analyzed, and exercised judgement in reviewing the Draft EIR,
comments received, and the responses in the Final EIR in their consideration of the
Lowe's Home Improvement Warehouse P~oject.
5.
Will there be potential significant negative impacts upon environmental quality and
nalural resources that could not be properly mitigated and monitored?
As identified in the CEQA Status and in the Draft EIR, the proposal will cause significant
environmental impacts relating to Air Quality and these impacts cannot be mitigated to a
level of less than significant. The Planning Commission shall consider the economic,
social, and other benefits of the proposal against the unavoidable adverse environmental
impacts when determining whether to approve the proposed project.
Findings of Fact and a Statement of Overriding Considerations (Attachment F) are
proposed for adoption in accordance with CEQA. Economic benefits cited in the
Statement of Overriding Considerations to warrant approval of the project despite
significant environmental impacts include the creation of 170 jobs and estimated annual
revenues to the City of$775,000 in sales tax and $57,000 in property tax.
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DPll No. 03-48
Hearing Date /0//7/06
Page 7
6.
Is the subject sice physically suitable for the type and density/intensity of use being
proposed?
The site is physically suitable for the type and density/intensity of the project being
proposed as evidenced by project compliance with all applicable Development Code
Standards as discussed and illustrated in Conformance Table "An.
7. Are there adequate provisions for public access, water, sanitation. and public utilities
and services to ensure that the proposed use would not be detrimental to public health
and safety?
All agencies responsible for reviewing access, and providing water and sanitation and
other public services have had the opportunity to review the proposal, and none have
indicated an inability to serve the project. The ErR Contains an analysis of public
services required to serve the project, and concludes that all required services are
available for the proposed project. The proposal will not be detrimental to the public
health and safety in that all applicable Codes will apply to the construction of this project.
8.
Are the location, size design and operating characteristics of the proposed development
detrimental to the public interest, health, safety. convenience. or welfare of the City?
The location, size, design and operating characteristics of the proposed project are
consistent with provisions of the Development Code, will be compatible with the
existing and future land uses within the general area and will not be detrimental to
other permitted uses in the vicinity.
Construction of the proposed project will create short-term construction noise and traffic
noise impacts that may be detrimental to other permitted uses in the vicinity or adverse to
the public interest health or welfare to the City. However, once the construction is
completed, the impacts will be reduced to a less than significant level. Air quality
impacts will remain significant and unavoidable. The Planning Commission shall
consider the economic, social, and other benefits of the proposal against the unavoidable
adverse environmental impacts when determining whether to approve the proposed
project.
Operational Characteristics
The proposal will operate in a manner consistent with the UBP-2 land use district. All
activities will be within enclosed structures with the exception of seasonal outdoor sales
activities associated with the home improvement warehouse.
Architectural Design
The proposed home improvement building has been designed to comply with
architectural design guidelines pursuant to Development Code Section G19.06.
The architectural elements for Buildings A & B will be designed to enhance the
center and be compatible with the home improvement building.
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DPII No. 03-48
Hearing Date 10/17/06
Page 8
Parking
The Development Code Section 19.24.040 requires a minimum 01'719 parking spaces for
this project. The proposal provides ample parking with 734 stalls.
Access
Vehicle driveways with new curbs and gutters on Hallmark Parkway, University
Parkway, Georgia Boulevard and the Sun Way will comply with Public Works
design standards and will provide convenient access to the project site.
Landscaping
The proposed landscaping of 15% of the parking area complies with the Development
Code requirements.
The proposal is consistent with all provisions of the Development Code. The proposed
project design will be compatible with the commercial uses developed in the area. The
location and operating characteristics of the proposed project will not be detrimental to
the public interest, health, safety, convenience, or welfare of the City.
CONCLUSION
Based on the above findings and the information contained in the ErR, the proposal meets all
applicable Findings of Fact for approval of Development Permit II No. 03-48. All significant
impacts on the environment will be substantially lessened where feasible and the remaining
unavoidable significant effects on the environment are acceptable due to the factors described in
the Statement of Overriding Considerations (Attachment F).
RECOMMENDA nON
Staff recommends that the Planning Commission:
I) Independently review, analyze and exercise judgement in its consideration of the
Environmental Impact Report and in making its determination;
2) Adopt the Resolution (Attachment F) to certify the Environmental Impact Report for
the Lowe's project, and adopt the Facts, Findings, and Statement of Overriding
Consideration,
3) Adopt the Mitigation MonitoringlReporting Program (Attachment E),
4) Approve Development Permit II No. 03-48 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).
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Respectfully Submitted,
DPlI No. 03-48
Hearing Dale /0//7/06
Page 9
~v.RJdY
Valerie C. Ross
Director of the Development Service Department
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
AttachmCIll F
Attachment G
Attachment H
Location Map
Site Plan, Floor Plan, Elevations and Conceptual Landscape plan
Conditions of Approval
Standard Requirements
Mitigation Monitoring/Reporting Program
Resolution for Certification of the ErR and adoption of Facts, Findings
and Statement of Overriding Considerations
Final ErR (compact disc)
Draft ErR (distributed August 17,2006)
ATTACHMENT A
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PRO.JECT: DPII 03-48
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
1J
HEARING DATE: 10/17/06
NORTH
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ATTACHMENT C
CONDITIONS OF APPROY AL
Development Permit Type II No. 03-48
] . This approval is for construction of three retail buildings ranging in size from
6.000 square feet to ]66,288 square feet on approximately 14.4 acres ofland
located on the west side of Hallmark Parkway approximately 500 feet north of
University Parkway in the UBP-2. University Business Park land use district.
The home improvement warehouse building will be approximately 166,288
square feet, which includes a 134,788 square foot warehouse building and a
31,588 square foot outdoor garden center. The hours of operation for the home
improvement building shall be 6:00 am to 10:00 pm, Monday thru Saturday, and
7:00 am to 8:00 pm on Sunday. Operating hours for Buildings A & B will be
from 8:00 am to II :00 pm, seven days per week.
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
this application 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: October 17,2008
3 The review authority may, upon application being filed 30 days prior to the
expiration date and for good cause, grant a one-time extension not to exceed 12
months. The review authority shall ensure that the project complies with all
current Development Code provisions.
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 of 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.
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DPll No. 03-48
Page 2
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.
As pal1 of the consideration for issuing this permit, this condition shall remain in
effect if this Development Permit is rescinded or revoked, whether or not at the
request of applicant.
5. Construction shall be in substantial conformance with the planes) 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.
No vacant, relocated, altered, repaired or hereafter erected structure shall be
occupied or no change of use ofland or structure(s) shall be inaugurated, or no
new business commenced as authori~l<.d by this permit until a Certificate of
Occupancy has been issued by the Department. A temporary Certificate of
Occupancy may be issued by the Depariment subject to the conditions imposed on
the use, provided that a deposit is filed with the Department of Public Works prior
to the issuance ofthe Certificate, if necessary. The deposit or security shall
guarantee the faithful performance and completion of all terms, conditions and
performance standards imposed on the intended use by this permit.
7. This 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 and control; noise control;
odor control; screening; signs, off-street parking and off-street loading; and,
vibration control. Screening and sign regulations compliance is 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.
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DPIl No. 03-48
Page 3
8.
Signs are not approved as a part of this permit. Prior to establishing any new
signs, or replacing existing signs, the applicant shall submit an application, and
receive approval, for a sign permit from the Planning Department.
9. Signslbanners may not be placed on or over the roof or within landscaped areas.
Banners and other signs for special events (i.e., grand opening) will require a
Temporary Sign Permit to be approved by the Planning Division prior to
installation/hanging. Signs and banners may not encroach into the public right-of-
way.
10. No painted window signs, roof signs, permanent sale or come-on signs will be
permitted at this site.
11. The landscape plan shall include one 24" box tree for every four surface parking
spaces (employee and customer), consistent with the requirements of Section
19.24.060(6)(B) and Chapter 19.28 of the Development Code. Trees will not be
required within the parking structures, but the perimeter of each structure will be
landscaped. Perimeter landscaping shall include a substantial amount of turf as
ground cover.
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. This shall
be accomplished on a project/phase basis. The purpose of the bond is to ensure
that all landscaping survives the planting process and last for a period of at least
one-year. The bond will be released no sooner than one-year after issuance of the
Final Certificate of Occupancy and onlY after such time as the survival of the
landscaping has been verified by City staff.
13. All lighting fixtures shall be shielded to confine lights within the site only.
14. All exterior lighting shall be energy efficient with the ability to lower or reduce
usage when the store is closed. Signage may be required to be turned off when the
business is closed.
15. All public telephones shall be located inside the building and shall be fixed for
outgoing calls only.
16. The applicant shall be responsible for regular maintenance of the project site.
Vandalism, graffiti, trash and other debris shall be removed and cleaned up within
24 hours.
17. Any equipment, whether on the roof, side of structure, or ground shall be screened
as per Development Code requirements.
18.
Construction of Buildings A & B shall require a Development Permit Type 2.
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DPIl No. 03-48
Page 4
19.
If the color( s) of any buildings are proposed to be modified after construction, the
revised color scheme shall be reviewed and approved by the Planning Division
prior to painting.
20. Architectural themes for Buildings A & B shall be designed to be consistent with
Development Code Section G 19.06 and compatible with the home improvement
warehouse building.
21. All building fayades for Buildings A & B shall be required to be finished with a
variety of colors and materials, such as cultured stone veneer and stucco. All wall
planes shall be articulated though the use of various "pop outs", arches with
stucco over foam, column caps, stucco columns, and decorative light fixtures. All
rooflines shall be treated with stucco over foam cornice treatments.
22.
This approval shall comply with the requirements of other outside agencies (i.e.,
San Bernardino County Health Department, Division of Environmental Health
Services, and California Board of Equalization), as applicable.
..
23. Any security gateslbars, doors, window bars shall be installed on the inside of the
structure only. Video surveillance equipment installed/used on the exterior shall
be in a color to complement the structure, or treated to blend with the architecture
of the development.
24.
If any fencing type to be used for Lowe's temporary sales/seasonal activities in the
parking lot as illustrated in Attachment B, Sheet C-6 shown with shaded "cn shall
be constructed with wrought iron. '"
25. 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.
26. The project is subject to all applicable Mitigation Measures contained in the EIR,
as summarized in the Mitigation MonitoringlReporting Program (MMIRP) hereby
incorporated by reference in the Conditions of Approval.
27 No final Certificate of Occupancy shall be issued until all conditions of approval
have been completed, per phase.
28. This permit or approval is subject to the attached conditions or requirements of
the following City Departments or Divisions:
a.
b.
Plan Check Division
Public Works
Fire Department
Public Services Department
Water Department
c.
d.
e.
e
Property address:
A TT ACHMENT D
City of San Bernardino
STANDARD REQUIREMENTS
Development Services/Plan Check Division
DRCICUP/DP:.Df!H: o~-4-2:>
DATE: 2. z. -:;, () (p
NOTE; NO PLANS WILL BE ACCEPTED
PLAN CHECK WITHOUT CONDITIONS
APPROVAL IMPRINTED ON PLAN SHEETS.
FOR
OF
Submit 6 sets of plans. minimum size lS" x 24", drawn to scale. If plan check is for
expeditious review, submit 6 sets. The plans shall include (if applicable):
site plan (include address & assessors parcel number)
foundation plan
floor plan (label use of all areas)
elevations
electrical, mechanical, & plu~bing plans
detail sheets (structural)
cross section details
show compliance with Title 24/Accessibility (disabled access)
a plan check deposit fee will be required upon submittal of plans.
Call Development Services (plan check) 909-384-5071 for amount.
a.
b.
e c.
d.
e.
f.
g.
h.
i.
1. The title sheet of the plans must specify the occupancy classification, type of construction, if
the building has sprinkler~, & the current applicable codes. .
2. The person who prepares them must sign the plans. Also, provide the address & phone
number of that person. Some types of occupancies require that the plans are prepared,
stamped, and signed by an architect, engineer, or other person licensed by the State of
California.
3. For structures that must include an engineers design, provide 2 sets of stamped/wet signed
calculations prepared by a licensed architect/engineer.
4.
Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance
forms are required to be printed on the plans.
e
300 N '0' Street San Bernardino CA 92418
909-384-5071 Office
909-384-5080 Fax
e 6.
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5.
Submit grading, site, and/or landscape plans tc! Public Works/Engineering for plan check
approval and permits. For more information, phone 909-384-5111.
Fire sprinkler plans, tires suppression system plans, etc., shall be submitted to the Fire
Department for plan check approval and permits. For information, phone 909-384-5388.
7.
Signs require a separate submittal to the Planning Division for plan check approval and
permits. For information, phone 909-384-5057.
8.
Restaurants, food preparation facilities. and some health related occupancies will require
clearances and approved plans from San Bernardino County Health Department. For
information, phone 909-387-3043.
9.
Occupancies that include restaurants, car washes, automotive repair/auto body, dentist
offices, food preparation facilities or processing plants, etc. may require approvals and
permits from San Bernardino Water Reclamation. For information, phone 909-384-5141.
10:
An air quality permit may be required. Contact South Coast Air Quality Management
Division for info~mation, phone 909-396-2000.
11.
State of California Business & Professions Code/Contractors License Law requires that
permits can be issued to licensed contractors or owner-builders (that are doing the work).
Contractors must provide their State license number, a city business registration, and
workers compensation policy carrier & policy number. Owner-builders must provide
proof of ownership. .
NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMA TEL Y 4-6
WEEKS FOR I ST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING
DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND
DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT
CORRECTIONS.
Comments:
300 N 'D' Street San Bernardino CA 92418
909-384-5071 Office
909-384-5080 Fax
~~
CITY OF SAN BERNARDINO FIRE DEPARTMENT
STANDARD REQUIREMENTS
Case: VP1L O<~4~
Date: 2/ 231 ~
Reviewed By: GellJ
Utl-1VEP-SI7Y J IIAL<....t-1~K. PKwy
JNERAL REQUIREMENTS:
PRlIIIdll one oddItionaIl8I of conslructlon plans to lIuildlng and Safety for FIre Deparlmenl...lltn1e 01 pIen _
Conlec:lthe City 01 San Bemerdno FIre Department II (909) 384-5585 for Ip8CIIIc delalled requirements.
The -..oper shalf provide for .dequale fire flow. Minimum fire fiow requlremenlS shalf be _ on IIqU8I8 footage, construction feaIurao, and _"'"
Infonnation luppIIed by Ihe __ and I!!l!!! be avalIabIe I!d!!!: to placing combustible _ on sfie.
" ~TER PURVEYOR FOR FIRE PROTECTION:
;cJi fire prcl8Ction water I8rv1ca for the lrea 01 thII ptOject II provided by.
San Bemerdlno MuniclpaI W.ter Deparlmant-Engineerfng (909) 3S4-5391
E8Il V.1Iey WllerDlstrlct-€ngiMerfng (909) S9S 999S
o OtherW_PIJlveyor.
Phone:
.I'}IBUC FIRE PROTECTION FACIUTIES:
17.!. PublIc fire hydranll8l8 required along .- ., Intervals not to exceed 300 feet for cornmelti8l.nd mulli-l88identiaJ ..... and II inI8MIII not to _
5OO_lor..._...... .
~ Are hydIant minimum flow rel_ of 1,500 gpm .1 . 20 psi minimum _ P/88IUI8 .re raqulred for commen:lal and m_tiaJ ...... Minimum In
hydrant flow re" of 1,000 gpm II. 20 psi minimum ...1duaI pI88IU/8 818 required for resldentiaJ ......
'S:1f Are hydrant type and Ipecific location _I be joinUy detennlnec:f by the CIty 01 San Ilamardno FIre ~I In conjuncllon _ the water pu_. FIre
r' hydrant maJ_ and inltallation shan conIonn to the _ and spec:Iticetfono 01 the _ pulVeyor.
J8:: Public fire hydrants. fire 18IVIceI, and public water f_ Il8C8IIIry to meet Are Departmenl requI_ 8l8the developer'l financial ~ and
shall be installed by the water purveyor or by the -..oper a. the water purveyor's discretion. Contact the WIIter purveyor indc:eted above for additional
Infonnation.
ACCESS:
[l PRlIIIdll two __, _ed ro... 0I1ng18Sll_ to the property anll8nce. The IOU'- _ be paved. .. weather.
~ - an 8CC8SI road to each bulldfng for fire ~ Access roadway shall have an aJl-weather dfMng surface of not _ than 20 feel 01 U1Ob-
structed width.
Extend roadway to _In 150 feel of all poIIions of the exterfor well of aJlllngle story bulklngs.
Extend roadway to wIII1ln 50 feet 01 the axterfor WII of all mulflp/e-story buildings.
PRlIIIdll "NO PARKING" signs whenever parking 01 vehicles would posslbfe reduce the c1e.nmce of ICC8SS roadways to less than Ihe required width. SignI
ere 10 reed "FIRE LANE-NO PARKlNG-M.C. see. 15.15".
o Dead-end slnlels shllif not exceed 500 feet In lengIh .nd shall have . minimum 40 loot radius tumoround.
o The names 01 any new slreelS (public or priv.'e) sh.n be lubmitled 10 Ihe Fire Departmenl for _roval.
SITE: .
~ A118CC8118 roedI and IlnleIs .re to be constructed and ..- prfor 10 combustible construction.
Prlvale fire hydrantI shaH be inIIaUed to protect each bulking located more than 150 fHl from the curb line. No fir. hydrants should be _ 40.... 01 Illy
exterior wan. The hydrlnll shaH be Wet _ type, _ one 21t Inch and 4 Inch ouIlel. and _oved by lhe Are DepartmenL ArNI",-1O fire
hydrantl shaH be designated as . "NO PARKING" zone by patntIng an SInch _. red atrfpe for 15 feel In each d1rec:llon In front of the hydIant In such I
manner Ih.t ft wID nol be blocked by parf<ad vahlclel. leIIerfng 10 be In Mlfte 8" by It". 6J8f\.1lT( Icf-- u~ 8E: 70 F tP.E.
~!-,ILDINGS: .
Xl Address numerals shaD be installed on the building at the front or other approved location WI such . manner as to be visible from the frontage Itrwt. Com-
mercial and multi family 8ddresI nume.... shal be' po leU, IlngIe family a_ numerals shall be 4 ~ leU. The color of the numeraII shaI con-
lrasl_ the color of Ihe background. I/J. AJJrJ ON- flpo':; ~ :it .J- I="T: l<.. 4 r.-.. Co{:' ~6S"')
o IdentUy 8llCh gea and _ _er _ the number 01 the unlll8lV8l.. 'l
fiJ FIre elllfngulshell mUll be Installed prior 10 the bujkIng being occupied. The mlnknum.rattng for any fire 8JdInguiI/ler ilIA 10B1C. MInImum _ 01
fire 8lllInguiI/1811 mUll be such thal no _ psrf 01 the bulking is over 75 feet travel distance from . fire 8lCllnguisher.
o ApaJtmenlhouI8s _16 or more units, _ (motels) _ 20 or more units, or apsrtmanll or hotels (moteiI)th/88 _ or more In,.._ be
equipped willi automalle fire sprfnIders ~ to NFPA 1_.
ro1" All buildings, over 5,000 lquere feel, _ be equipped _ an automalle fire sprinker system _Igned to NFPA ste_. ThilInc:hDI axIslIng ~
)'" vacant over 365 days.
~ Subml plsns for Ihe fire prolection system 10 lhe FIre Depa~ment prior to beginning construdlon 01 the system. Pennl required.
o Tenant Improvements In .. sprinldered buildings are 10 be awroved by the Are Department prior 10 ste~ of construction. P.nnl required.
~ PRlIIIdll fire IiInn (required throughout). Plans musl be _roved by the Are Departmenl prfor to sta~ 01 Installation. Pennfi required.
Are Departmenl COMectlon 10 sprinkler oystemlstandpipe oyslem, shall be required al Are Dep.rtmenl _roved location.
Fill Code Pennl required. apply .t 200 e8Il3rd sIr8eL (909) 384-5388.
Are Sprinkler monfiorlng required. PIens must be _roved by the FIre Department prior to the sta~ 01 construction. Pennfi required.
o Occupsnll.o8d.
Nole: The applicant musl requesL In writing, any changes to FIre Department requlremenll.
I,
ADDITIONAL INFORMATION:
t:: 6-
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c::r oN J'WI'ItoO ~ e:; LA I H .,or
K.II~ &x t:Nrll..y.svsrr=:Jt1 ON Au.. 8UIWffV(',.S.
FPBl1O(O$4J}
.
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)
City of San Bernardino Public Services Department
Development Project Conditions of Approval
300 North D Street - 4th Floor
San Bernardino, CA 92418
Project Number: DPII 03-48 Project Planner: Aron Liang Review Date: 2.23.06
Project Description/Business Name: Lowe's Home Improvement Center
I Project Location/Address: 500' North of University Parkway Service Account:
,
Reviewed By: Gracie Washington e-mail: Washi ngton_gr@sbcity.org Phone: 909.384.5549
. Standard Development Requirements
Project shall meet all applicable Standard Development Requirements as attached.
I. Integrated Waste Management Survey
Applicant shall submit an Integrated Waste Management 5urvey for each of the activities marked below
with the initial application to Planning for approval by the Public Services Department Refuse and Recycling
I Division prior to issuance of permits for each activity.
The information contained in the Survey as well as any related comments and mitigation provided by Public
Services shall be summarized in the Initial Study and EIR if required for the project under CEQA.
,
0 Demolition & Site o Construction / Renovation 0 Business Operations or Event
Preparation
. Additional Requirements or Recommendations
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City of San Bernardino Public Services Department
Standard Development Requirements
.ge 2 of4
COMMERCIAL & INDUSTRIAL DEVELOPMENT
Collection Services
1. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and
industrial locations within the City shall be provided by the City of San Bernardino Public Services Department
unless otherwise franchised or permitted. [MC 9 8.24.140J
2. New accounts require a completed Service Application, with a full deposit and a copy of manuals for all
compactor units, returned to the City of San Bernardino Refuse & Recycling Division prior to issuance of the final
Certificate of Occupancy.
3. Shared refuse and recycling services for multi-tenant commercial sites shall be billed to a single owner or
property manager; leases shall include terms to accommodate sub-metered services.
4. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly,
and all other solid wastes shall be removed at least once weekly. [SB County Health, Sanitation and Animal
Regulations 933.083J
5. All commercial estabiishments generating 6 cubic yards or more of solid waste per week shall establish City
recycling services for maximum diversion within 30 days of opening business, or establish an alternative
diversion program to be identified in the IWM Survey for the project.
Automated Cart Service to Nonresidential Facilities
16.
L
Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic
yards or less of non-bulky waste per week and are located on the same side of a residential block receiving
automated cart service shall meet residential rather than commercial requirements.
Service Vehicle Access
17. Projects shall meet City Engineering requirements for commercial vehicle drive access along the main ingress to
I and egress from enclosures. These requirements shall not limit requirements for Fire vehicle access.
8. Property without through access shall' incorporate at least one of the following designs:
. A cul-de-sac with a 40-footturning radius for a 32-foot vehicle length
. A hammerhead turn with a 40-foot turning radius for a 32-foot vehicle length
Gated Access
9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and S PM
Monday through Saturday shall provide access code or key to Public Services.
Shared Collection Areas - Reciprocal Access
10. Front-load bin enclosures and roll-off compactor units may be shared across existing or proposed property
lines if enclosures or equipment provide adequate capacity for anticipated refuse and recyclable materials
generation, AND if Reciprocal Access for shared collection areas is recorded with the property.
City of San Bernardino Public Services Department
Standard Development Requirements
f6ge 3 of 4
Roll-off Compactor Units
I 11. Sealed compactor units dedicated separately to refuse and recyclables may be required to be installed at
I facilities with an anticipated waste generation of 60 uncompacted cubic yards per week.
12. Roll-off compactor units must be installed according to manufacturer's and City Engineering specifications with
the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter
for safe access. .
I 13. Roll-off boxes at locations receiving City service must meet City rail and hook specifications per City
Engineering Standard S 1 O. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side
design may be subject to a roll-back charge.
I 14. Compactor equipment shall be screened from view of public right-of-way by materials compatible with building
architecture and landscaping as specified by City of San Bernardino Development Code. [MC ~ 19.20.030 (21)]
1 S. Location, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and
i compactor screening, shall be shown on site plans and labeled that construction shall meet City Engineering
I
I Standards.
,
I Existing Bin Enclosures
16. Existing bin enclosures must have minimum inside dimensions of 7'9" x 9' OR 15' x 4'5" to fit two 3CY bins.
Existing enclosures must have block walls, inside bumper guards or curbing, and solid steel gates, OR
enclosure(s) must be reconstructed to meet Engineering Standard SOB. Enclosure may be relocated for best drive
access and alignment, plans subject to Public Service~ approval. {Please note, if site will generate 2CY or less of
solid waste per week, see Residential Collection options.]
Front-load Bin Enclosures & Access
17. Minimum double-wide enclosures of B feet by 15 feet shall be required for all development to allow for
I dedicated recycling bins, except where potential waste generation or space is restricted. [Specifications adopted
in accordance with Model Ordinance as required by CA PRC 942911 ]
1 B. Front-load compactor units must be contained in an enclosure large enough to hold the unit and one additional
I bin facing lengthwise.
I
19. Front-load bin and compactor enclosures must be constructed according to City Engineering Standard 508. Rear
or side pedestrian entry shall be provided on enclosures for all multi-unit residential development. Pedestrian
entry on free-standing enclosures shall have a 4-foot width, no gate or door, and an 'L' shaped block screen the
same height of the enclosure.
20. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved,
without crossing curbs, steps, or driveways.
21. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water.
.
! 22. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code ~ 1103.2.2]
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City of San Bernardino Public Services Department
Standard Development Requirements
Page 4 of 4
23. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures. All other equipment,
fixtures, and materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus
supplies are strictly prohibited.
, 24. Enclosures shall be buffered with landscaping when viewable from public right-of-way, and vegetation shall not
restrict gates or exceed height of enclosure. Include vegetation on landscape plans.
I 2S. Enclosures shall be located with gates aligned for straight access for service vehicles.
I 26. Enclosures shall not obstruct drive aisles, driveways, loading zones, parking, handicap access, or visibility of
! cross-traffic from drive aisles, alleys, or streets. Location shall not cause service vehicle to block access drives
during while bins are being serviced.
27. Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to
parking shall be separated by a minimum 2-foot wide curbed area out to the farthest point of both gates, and
designed to safely restrict gates from opening into parking spaces or landscaped areas..
28. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on
site plans and labeled that construction shall meet City Engineering Standards.
Multi-unit Dwellings
. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved.
i 30. Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse & commingled
I recyclables. Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications
adopted in accordance with Model Ordinance as required by CA PRC ~42911 ]
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SAN .._~NARDINO MUNICIPAl WATER REPARTMENT
STANDARD REQUIREMENTS
DRCIERC Case: DEVELOPMENT PERMIT II NO. 03-48
Same as above
Lowe's Inc. and Camden Development
A request to construct a 166,288 square foot, a 30,000 square foot, and a 6,000 square foot retail building on
approximately 14.92 acres of land located on the northwest corner of University Parkway and Hallmark Parkwoy
NUMBER OF UNITS: 0
LOCATION: Northwest corner of University Parkway and Hallmark Parkway in tha UBP-2, University Businass Park
WATER DEPARTMENT ENGINEERING:
N NUMBER:
N NUMBER:
REVIEW OF PLANS:
OWNER:
DEVELOPER:
TYPE OF PROJECT:
266-363-24,266-561-14, 15, 16, & 17
DATE COMPILED: 1011212005
COMPILED BY: Brunson, Ted
CONTACT: Litchfield, Matthew
PHONE NUMBER: (909) 384-5366
FAX NUMBER: (909) 384-5532
Nole: All Water Services are Subject to the Rules .Regulations of the Water Depatfment
~ Size of Main Adjacent the Project 12" C.L. & W.P. STEEL in both Hallmark Pkwy & Gannett Pkwy
~ Approximate Water Pressure ~ Elevation of Water Storage: Hydrant Flow@ 2Opsi:
oL Type, Size, Location and Distance to Nearest Fire Hydrant 071-065 2-way w.l sl. noz. (L.B.)
::: Water Supply StUdy Required - Pressure Regulator Required on Customer Side of the Meter
~= Offsite Water Facilities Required = Water Main Reimbursement Due
~ Area Not Served by San Bernardino Municipal Water Department
_ Network Hydraulic Analysis Require? per Unifonn Design Standards
Comments:
WATER QUALITY CONTROL
CONTACT: Arrieta, Con PHONE NUMBER: (909) 384-5325
<tL R.P.P. Backflow Device Required at Service Connection for Domestic Service
_- Double Check Backflow Device Required at Service Connection for Fire and Irrigation
Backflow Device to be Inspected before Water Service can be Activated
_ No Backflow Device is required at this time .
SEWER CAPACITY INFORMATION
CONTACT: Thomsen, Neil PHONE NUMBER: (909) 384-5093 FAX NUMBER: (909) 384-5592
Note: Proof of Payment Must be SubmItted to the Bul/dlng _SafetYDepatfment Prior to Issuance of the Bul/dlng Permit
=: Sewer Capacity Fee Applicable at this time
=: Sewer Capacity Fee must be paid to the Water Department for Q Gallons Per Day: Equivalent Dwelling Units: Q
~ Subject to Recalculation of Fee prior to the Issuance of Building Pennit
=: Breakdown Of Estimated Gallons Per Day
FAX NUMBER: (909) 384-5928
COPY TO: Customer; Planning; Engineering
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Wednesday, October 12, 2005
EPM
Page 1 of 1
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ATTACHMENT E
DEVELOPMENT PERMIT TYPE II No. 03-48
MITIGATION MONITORING / REPORTING PROGRAM
This Mitigation Monitoring/Reporting Program has been prepared to implement the
mitigation measures outlined in the Environmental Impact Report (SCH #2006031006)
for the Lowe's Home Improvement Warehouse Project. The project site is located on the
west side of Hallmark Parkway approximately 500 feet north of University Parkway in
the UBP.2 land use district. This Mitigation Monitoring/Reporting Program has been
prepared in compliance with the California Environmental Quality Act (CEQA), State of
California, and City of San Bernardino CEQA Guidelines.
CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for
those measures or conditions imposed on a project to mitigate or avoid adverse effects on
the environment. The law states that the monitoring or reporting program shall be
designed to ensure compliance during project implementation.
The Mitigation Monitoring/Reporting Program contains the following elements:
1.
The mitigation measures are recorded with the action and procedure
necessary to ensure compliance. The program lists the mitigation measures
contained within the Lowe's Home Improvement Warehouse EIR (SCH
#2006031006).
A procedure for compliance and verification has been outlined for each
mandatory mitigation action. This procedure designates who will take
action, what action will be taken and when, and to whom and when
compliance will be reported.
The program contains a separate Mitigation Monitoring and Compliance
Record for each action. On each of these record sheets, the pertinent
actions and dates will be logged, and copies of permits, correspondence, or
other data relevant will be retained by the City of San Bernardino.
The program is designed to be flexible. As monitoring progresses, changes
to compliance procedures may be necessary based upon recommendations
by those responsible for the program. If changes are made, new
monitoring compliance procedures and records will be developed and
incorporated into the program.
2.
3.
4.
The individual measures and accompanying monitoring/reporting actions follow. They
are numbered in the same sequence as presented in the Lowe's Home Improvement
Warehouse Project EIR (SCH #2006031006). This Mitigation Monitoring/Reporting
Program incorporates by reference all mitigation measures contained iri the Lowe's Home
Improvement Warehouse Project EIR (SCH #2006031006).
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Lowe's HIW
DPll No, 03-48
Page 2
AIR QUALITY
Impacts associated with air emissions are projected to be significant during grading
(fugitive dust) and operation (carbon monoxide, nitrogen oxides, sulfur oxides and
reactive organic gases). Some of these impacts can be mitigated through the application
ofSCAQMD quantified measures, as described below.
I. Grading and development permits shall be reviewed and conditioned to require
the provision of all reasonably feasible methods and technologies to assure the
minimal emissions of pollutants from the development (see Table III-16 below),
including proper vehicle maintenance and site watering schedules (see detailed
list below under Developer's Air Quality Management Resources).
Table I1I-16
Available Emission Reduction Tecbnol02ies
Daily Emission Reduction Factors
ROG NOx PM" CO SOx
0% 14% 63% 0% 0%
Diesel Equipment
Aqueous Fuel
Diesel Particle Filter
Cooled Exhaust Gas Recirculation
0%
90%
0%
0%
0%
40%
20%
20%
80%
0%
90%
0%
0%
0%
0%
0%
0%
85%
Lean NOx Catalyst
Diesel Oxidation Catalyst
0%
0%
Worker Trips ROG NOx PM,!> CO SOx
Use Shuttle to Retail Establishments at Lunch 1% 1.3% 1.3% 1.3% 1.3%
Source: Urban Emissions Model (URBEMIS2002) version 8.7.0 April 2005: developed by the
California Air Resources Board (CARB) as a modeling tool to assist local public agencies with
estimating air quality impacts from land use projects when preparing a CEQA environmental
analysis.
2. As part of the City's grading permit process, the applicant shall submit a dust
control plan consistent with the requirements set forth in the City's Municipal
Code. Chapter 8.50 Fugitive Dust Control. including compliance with AQMD
Rule 403.
3. No more than 10 acres shall be actively graded on any work day throughout the
grading process.
4. The project proponent shall replace ground cover in disturbed areas not being
immediately constructed upon within 30 days of completion of grading (resulting
in a reduction of 15% in fugitive dust emissions).
5. The project proponent shall water exposed surfaces 3 times daily during all
grading activities (resulting in a reduction of 50% in fugitive dust emissions).
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Lowe's HlW
DPII No. 03-48
Page 3
6. All construction grading operations and earth moving operations shall cease when
winds exceed 30 miles per hour.
7. The project proponent shall water on-site equipment morning and evening.
The implementation of these mitigation measures will result in fugitive dust generation
011 the site at 112.2 pounds per day. This is well below the threshold of significance of
150 pounds per day established by SCAQMD. Therefore, with implementation of these
mitigation measures, impacts associated with fugitive dust during grading will be reduced
to less than significant levels.
Operational emissions can also be mitigated, but are not expected to be mitigated to a less
than significant level. In order to assure that impacts are reduced to the greatest extent
possible, however, the following mitigation measures shall be implemented.
8. The project proponent shall install low-polluting and high-efficiency appliances.
9. The project proponent shall install energy-efficient street lighting.
10. The project proponent shall install landscaping which is native and/or drought-
resistant to reduce water consumption and to provide passive solar benefits.
I I. The project proponent shall, to the greatest extent possible, assure the thermal
integrity of buildings and reduce the thermal load with automated time clocks or
occupant sensors.
12. The project proponent shall, to the greatest extent possible, use efficient window
glazing, wall insulation and ventilation methods.
13. The project proponent shall, to the greatest extent possible, incorporate
appropriate passive solar design, including solar heaters, and solar water heaters,
to the greatest extent feasible.
Implementation of the mitigation measures outlined above will reduce the potential air
quality impacts to the greatest extent practicable. In addition, the following Mitigation,
Monitoring and Reporting program shall ensure that the required mitigation measures are
followed throughout the development process.
Mitigation Monitoring and Reporting
I. The appropriate City department(s) shall review grading and dust control plan
applications to ensure conformance with the mitigation measures set forth in the
required CEQA documentation and as otherwise conditioned by the City.
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Lowe's HlW
DPll No. 03-48
Page 4
Responsible Party: City Public Works and Building Departments
Compliance Record: Grading and dust control plans to be kept on file in the
Public Works Department.
Written Verification Prepared By:
Date Prepared:
,
The Public Works Department shall record and document all violations of clean
air regulations. these mitigation measures or the conditions of approval of this
project. Development may be temporarily halted until inadequate controls or
unacceptable conditions are corrected to the satisfaction of the City.
Responsible Party: City Public Works Department, SCAQMD
Compliance Record: Violations to be kept on file in the Public Works
Department.
Written Verification Prepared By:
Date Prepared:
3.
California Code of Regulations Title 24 and other applicable energy efficiency
codes and regulations shall be appropriately applied.
Responsible Party: City Planning and Building Departments
Compliance Record: Approved building plans to be kept on file in the
Building Department.
Written Verification Prepared By:
Date Prepared:
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DPll No. 03-48
Page 5
BIOLOGICAL RESOURCES
In order to protect the biological resources on the project site, the following mitigation
measures shall be implemented:
I.
In compliance with the requirements of the Migratory Bird Treaty Act, one of the
following shall occur:
a.) Ground clearing, vegetation and tree removal shall occur between August
15 and January 31 of any year; or
b.) Should ground clearing, vegetation and tree removal be proposed between
February I and August 15 of any year, a qualified biologist shall conduct a
nesting bird survey, ending no less than 3 days prior to the initiation of
any ground clearing activity. All trees and suitable nesting habitat on the
site shall be surveyed for nesting birds. If nesting birds are identified, the
biologist shall require appropriate avoidance measures be implemented.
o
A protocol-compliant pre-construction Burrowing Owl survey shall be conducted
by a qualified biologist prior to the initiation of any ground disturbing activity on
the site. Should the species be identified, the biologist shall require appropriate
measures for avoidance or relocation of the species.
Mitigation Monitoring and Reporting
I. The project proponent shall submit required studies for nesting birds, if required,
and for burrowing owls, to the Development Services Department for review and
approval prior to the issuance of grading permits.
Responsible Agency: Developer, City of San Bernardino Development Services
Department.
Compliance Record: Biological reports to be kept on file in the Planning
Department.
Written Verification Prepared By:
Date Prepared:
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Lowe's HlW
DPIl No. 03-48
Page 6
GEOLOGY AND SOILS
The City requires the preparation of site specific geotechnical investigations to be
submitted with building plans, During this process, site specific mitigation may be
expanded from that provided in the Preliminary Geotechnical Investigation. based on the
buildings' stmcture and configuration. Based on the study prepared to date, however, the
follo\\'ing mitigation measures shall be implemented.
I. The recommendations of the "Preliminary Geotechnical Investigation Proposed
Lowe's HIW Development," dated July 2003, shall be implemented, unless
superceded by additional study made prior to issuance of building permits.
2. Remedial grading will be warranted to assure the site is prepared with compacted
structural fill. The structural fill that is used as replacement soil shall consist of fine,
well-graded soils that have a very low expansive potential.
3. Prior to issuance of a certificate of occupancy, the project proponent shall submit to
the Building and Safety Division a Seismic Safety Stocking Plan, describing how
materials to be stacked to a height greater than 5 feet will be secured to withstand the
maximum probable earthquakes predicted for the project site. The Plan may include,
but is not limited to, structural reinforcement of shelving, bracing and railings for
upper tiers, and similar techniques required to assure safety to the public during a
seismic event.
Mitigation Monitoring and Reporting Program
1. Throughout the site preparation process, the City Development Services
Department shall inspect the site to ensure compliance with City ordinances and
conditions of approval, as well as additional site clearance, excavation,
compaction, grading, construction, and erosion control mitigation measures
specified in this document.
Responsible Party: City Development Services Department
Compliance Record: Inspection records to be kept on file in the Public Works
Department.
Written Verification Prepared By:
Date Prepared:
')
When required, rough grading shall be performed under geological and
engineering observation of the Geological Consultant and/or the City Engineer.
Responsible Party: City Engineer. Geotechnical Consultant
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Lowe's HlW
DPlI No. 03-48
Page 7
Compliance Record: Monitoring records to be kept on file in the Public Works
Department.
Written Verification Prepared By:
Date Prepared:
3.
When deemed appropriate by the City Engineer and/or the Geotechnical
Consultant. the consultant or engineer shall perform the following observations
and actions during site grading and construction of foundations:
. Observation of all grading operations
. Geologic observation of all cut slopes
. Observation of all key cuts and fill benching
. Observation of all retaining wall back cuts, during and following
completion or excavation
. Observation of all surface and subsurface drainage systems
. Observation of backfill wedges and drains for retaining walls
. Observation of pre-moistening of sub-grade soils and placement of sand
cushion and vapor barrier beneath the slab
. Take sufficient tests to verify moisture colitent. uniformity, and degree of
compaction obtained.
. Observation of all foundation excavations for the structure or retaining
walls prior to placing forms and reinforcing steel
. Observation of compaction of all utility trench backfill
. Observation of post-construction planting to minimize erosion
. Observatioll of the proper installation of roof drainage to prevent erosion.
Responsible Party: City Engineer, Geotechnical Consultant, Project Engineer
Compliance Record: Monitoring records to be kept on file in the Public Works
Department.
Written Verification Prepared By:
Date Prepared:
4. Upon completion of construction, a final geotechnical report, demonstrating
compliance with the recommendations of geotechnical reports and observations
during the grading work shall be prepared, and submitted to the City Engineer.
Responsible Party: Geotechnical Consultant, City Engineer.
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Lowe's HlW
DPll No. 03-48
Page 8
Compliance Record: Final geotechnical report to be kept on file in the Public
Works Department.
Written Verification Prepared By:
Date Prepared:
5. The Building Department shall review and approve the Seismic Safety Stocking
Plan. and transmit same to the Code Enforcement Division and Fire Department
for their records.
Responsible Party: Building Department
Compliance Record: Seismic Safety Stocking Plan to be kept on file in the
Building, Code Enforcement and Fire Departments.
Written Verification Prepared By:
Date Prepared:
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Lowe's HIW
DPll No. 03-48
Page 9
TRAFFIC AND CIRCULA nON
The City General Plan cites Level of Service D for intersections. The LOS D standard
for peak hour operations for such high-volume intersections constitutes an acceptable
level of service. An analysis of project impacts and current and planned roadway
improvements indicates that project impacts to area roadways can be mitigated and
reduced to less than significant levels with the implementation of mitigation measures.
In order to assure that impacts associated with the proposed project are mitigated to less
than significant levels, the following mitigation measures shall be implemented.
I. The project proponent shall pay Development Impact Fees in effect at the time
that building permits are issued to mitigate the project impacts on the
surrounding circulation system.
2. The project will construct University Parkway along the entire project frontage to
its ultimate half-width including landscaping and parkway improvements.
3. The project will construct Hallmark Parkway along the entire project frontage to
its ultimate half-width including landscaping and parkway improvements,
4.
On site traffic signage and striping shall be reviewed and approved by the City
Engineer, and installed to his specifications.
Mitigation Monitoring and Reporting Program
1. The project proponent, or other responsible party, shall submit detailed
development roadway improvement plans to the City for approval. Said plans
shall be reviewed by staff to assure their compatibility and conformance with the
originally approved development plans, as conditioned, and the mitigation
measures cited above and in the project traffic report.
Responsible Party: City Engineer, Public Works Departments
Compliance Record: Roadway improvement plans to be kept on file in the
Public Works Department.
Written Verification Prepared By:
Date Prepared:
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DPll No. 03-48
Page /0
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The project proponent shall pay fair share mitigation fees required by the City
of San Bernardino.
Responsible Party: Project Proponent, City Engineer
Compliance Record: Proof of payment of fees to be kept on file in the Public
Works Department.
Written Verification Prepared By:
Date Prepared:
A TT ACHMENT F
.
RESOLUTION 06-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
BERNARDINO, CERTIFYING THAT THE ENVIRONMENTAL IMPACT
REPORT PREPARED FOR THE LOWE'S HOME IMPROVEMENT
WAREHOUSE AT HALLMARK PARKWAY (SCH #2006031006) FOR
DEVELOPMENT PERMIT II NO. 03-48 IS RECOGNIZED AS ADEQUATE AND
COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO
CERTAIN ADVERSE IMPACTS; AND, RECOGNIZING THE SIGNIFICANT
ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED, BUT CAN BE
REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS
IMPLEMENTED.
SECTION I. RECITALS
WHEREAS, an Environmental Impact Report (hereinafter "EIR") has
been prepared and circulated, pursuant to the requirements of the California
Environmental Quality Act of 1970 by the City of San Bernardino; and
.
WHEREAS, it is the policy of the State of California and the City of San
Bernardino (hereinafter "City"), in accordance with the provisions of CEQA, as amended
(Public Resources Code, Section 21000 et. seq.), and the State Guidelines for the
implementation of CEQA, as amended (California Administrative Code, Section 15000
et. seq.), that the City shall not approve a project unless there is no feasible way to lessen
or avoid significant effects; meaning all impacts have been avoided to the extent feasible
or substantially lessened and any remaining unavoidable significant impacts are
acceptable based on CEQA, Section 15093; and
WHEREAS, it is the policy of the State of California and the City, in
accordance with the provisions of the CEQA. as amended (Public Resources Code,
Section 21000 et. seq.) and the State Guidelines for implementation of CEQA, as
amended (California Administrative Code, Section 15000 et. seq.) that the City shall
balance the benefits of a proposed project against its unavoidable environmental risks
prior to project approval; meaning that if the benefits of a proposed project outweigh the
unavoidable adverse environmental effects, the adverse environmental effects may be
considered acceptable; and
WHEREAS, the Development and Environmental Review Committee and
Planning Commission have read and considered all environmental documentation
comprising the EIR, have found that the EIR considers all potentially significant
environmental impacts of the proposed project is complete and adequate, and fully
complies with all requirements ofCEQA; and
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WHEREAS, the Planning Commission has reviewed and considered
certain overriding considerations to adverse impacts, the CEQA Findings and Statement
of Facts; and
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WHEREAS, prior to action on the project, the Planning Commission has
considered all significant impacts, mitigation measures, and project alternatives identified
in the EIR, and has found that all potentially significant impacts on the project have been
lessened or avoided to the extent feasible; and
WHEREAS. Section l5093(b) requires, where the decision of the
Planning Commission allows the occurrences of significant effects which are identified in
the EIR, but are not mitigated, the Planning Commission must state in writing the reasons
to support its action based on the EIR and/or other information in the record; and
WHEREAS, the CEQA and the State CEQA Guidelines provide that no
public agency shall approve or carry out a project for which an EIR has been completed
and which identifies one or more significant effects of the project unless the public
agency makes written findings for each of the significant effects, accompanied by a
statement of facts supporting each finding.
SECTION II. STATEMENT OF OVERRIDING CONSIDERATIONS
BE IT FURTHER RESOLVED that the Planning Commission of the City
of San Bernardino makes the Statement of Overriding Considerations as shown on
attached Exhibit "A" entitled "Statement of Overriding Considerations," which is
incorporated herein as though set forth at length.
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SECTION III. FINDINGS
BE IT FURTHER RESOLVED that the Planning Commission of the City
of San Bernardino adopts the CEQA Findings and Statement of Facts as shown on the
attached "Exhibit B" entitled "CEQA Findings and Statement of Facts," which exhibit is
incorporated herein as though set forth at length.
SECTION IV. CERTIFICATION OF THE ENVIRONMENTAL IMP ACT REPORT
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of San Bernardino does hereby certify the EIR for the Lowe's Home
Improvement Warehouse at Hallmark Parkway as adequate and complete.
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
BERNARDINO, CERTIFYING THAT THE ENVIRONMENTAL IMPACT
REPORT PREPARED FOR THE LOWE'S HOME IMPROVEMENT
WAREHOUSE AT HALLMARK PARKWAY (SCH #2006031006) FOR
DEVELOPMENT PERMIT II NO. 03-48 IS RECOGNIZED AS ADEQUATE AND
COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO
CERTAIN ADVERSE IMPACTS; AND, RECOGNIZING THE SIGNIFICANT
ENVIRONMENT AL EFFECTS WHICH CANNOT BE AVOIDED, BUT CAN BE
REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS
IMPLEMENTED.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2006, by the following vote to wit:
Commission Members:
Aves
Nays
Abstain
Absent
.
COUTE
DURR
ENCISO
HEASLEY
LONGVILLE
MULVIHILL
MUNOZ
RA WLS
SAUERBRUN
Maryanne Holub, Planning Commission Secretary
The foregoing resolution is hereby approved this
2006.
day of
Michael Sauerbrun. Chair
City of San Bernardino
Approved as to form and Legal Content:
.
By:
James F. Penman
City Attorney
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EXHIBIT "An
STATEMENT OF OVERRIDING CONSIDERATIONS
The City of San Bernardino hereby recognizes the overriding consideration to certain
adverse impacts. The following statements are in support of its action based on the EIR
and/or other information in the record.
J. The proposed Lowe's Home ImprQvement Warehouse and associated 36,000
square feet of retail commercial space are allowable uses in the University
Business Park land use designation.
2. The proposed Lowe's Home Improvement Warehouse will advance economic
development goals and objectives that are articulated in the City's General Plan
through the creation of jobs, the generation of sales and use tax, and the
generation of property tax to benefit the City.
3. Development of the Lowe's Home Improvement Warehouse will expand
community shopping opportunities for area residents and support the General
Plan's Land Use Policies. General Plan Land Use Policies that highlight the
conformity of the proposed project include the following:
.
Goal 2.2: Promote development that integrates with and minimizes impacts on
surrounding land uses.
Policv 2.2. I: Ensure compatibility between land uses and quality design
through adherence to the standards and regulations in the Development Code
and policies and guidelines in the Community Design Element.
Policv 2.3.1: Promote development that is compact, pedestrian-friendly, and
served by a variety of transportation options, along major corridors and in key
acti vi ty areas.
.
.
4.
The Lowe's project enhances the City's economic development effort and
constitutes an allowed use within the University Business Park land use
designation. The proposed home improvement warehouse will create a new
shopping opportunity for City residents; will create jobs in the area; and will
generate revenues for the City through sales and property tax. The project is
estimated to generate the following economic benefits:
· Employment: The proposed project is estimated to employ about 170 persons.
As the project is expected to provide new jobs, and not replace jobs already
existing elsewhere in the community, this will represent a net increase in jobs
in the City.
. Sales and Use Tax: The proposed project will generate sales and use tax for all
retail sales. Although the amount of sales tax revenue cannot be accurately
estimated, the Urban Land Institute estimates that home improvement
warehouses generate approximately $424.59 in sales per square foot. At
165,500 square feet, the Lowe's can be expected to generate over $70 million
in sales annually, and over $702,000 in sales and use tax for the City. The
36,000 square feet of retail space could result in a wide range of stores, but
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.
can be estimated to generate 5374.09 per square foot for an estimated 6,000
square feet of restaurant space. totaling $2.2 million in sales. and over $22,000
in tax to the City; and $171.1 0 per square foot for 30,000 square feet of
general/variety retail, totaling 5.1 million in annual sales, and over $51,000 in
sales tax revenue to the City. In total, therefore, the proposed project could
generate over $775,000 in sales tax for the City.
. Property Tax Revenues: The proposed project's construction costs are not
specifically known. However, assuming a value of $150.00 per square foot in
construction valuation, the 20 1,500 square feet of space within the center
could have a value of$30.2 million upon completion, generating over $57,000
in property tax for the City.
. Other Development Revenues: The City will also collect fees from surcharges
on electric, natural gas, and telecommunications services connected to the
proposed project.
.
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EXHIBIT "B"
CEQA FINDINGS AND STATEMENT OF FACTS
A. INTRODUCTION
The City of San Bernardino proposes to approve the development of the Lowe's Home
Improvement Warehouse at Hallmark Parkway. Because the proposed action constitutes
a "project" under the California Environmental Quality Act of 1970 (CEQA), as
amended, and the State Guidelines for the implementation of CEQA, as amended, the
City has prepared a Final Environmental Impact Report (FEIR). The FEIR identifies
certain significant effects which may occur as a result of the project, or which may occur
on a cumulative basis in conjunction with the project and other past, present, and
reasonably foreseeable future projects.
CEQA and the State Guidelines require that no public agency approve or carry out a
project for which an Environmental Impact Report (EIR) has been completed and which
identifies one of more significant effects of the project unless the public agency makes
one of more of the following written findings for each of the significant effects,
accompanied by a Statement of Facts supporting each finding. The possible findings
include the following:
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1.
Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effects as identified in the Final EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
3. Specific economic. social, or other considerations make infeasible the
mitigation measures or project alternatives identified in the Final EIR.
The City has determined that the EIR is complete and has been prepared in accordance
with CEQA and the Guidelines. The City proposes to approve the proposed project, and
the findings set forth herein are made.
B. EFFECTS DETERMINED TO BE INSIGNIFICANT
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The Environmental Checklist Form utilized by the City of San Bernardino was prepared
prior to the issuance of the Notice of Preparation for this project, to assure that all
environmental issues required to be addressed by CEQA would be addressed in the EIR.
It was determined that the proposed project would have no impact on the following
environmental areas of concern:
1) scenic vistas as identified in the City's General Plan,
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6)
7)
8)
9)
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14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
2)
3)
4)
agricultural resources,
disturbance of human remains,
hazardous materials sites listed in compliance with Government Code Section
65962.5,
safety hazard for people residing or working in the project area, in the vicinity of
an airport or private airstrip,
implementation of an adopted emergency response plan,
water quality standards or waste water discharge requirements,
placement of housing or structures within a 100-year flood hazard area,
exposure of people or structures to a significant risk involving flooding or
inundation,
inundation by seiche, tsunami, or mud flow,
physical division of an established community,
conflict with any applicable land use plan, policy or regulation of an agency with
jurisdiction over the project,
development within a Hillside Management Overlay District, Foothill Fire Zone
or Airport Influence Area,
mineral resources,
exposure of people to the generation of groundborne vibration or noise,
exposure of people to airport noise,
population and housing,
parks and recreation facilities,
governmental facilities,
recreation,
changes in air traffic patterns,
inadequate parking capacity, and
contlict with adopted alternative transportation policies, plans or programs.
5)
10)
II)
12)
13)
C. EFFECTS DETERMINED TO BE MITIGATABLE TO A LEVEL OF
INSIGNFICANCE
c.t. Land Use Impacts
Proiect Conditions
The project site is 14.4 acres, which are to be divided into 3 development areas. The first
parcel, consisting of 10.57 acres, will include a 165,500 square foot Lowe's home
improvement warehouse and associated facilities, including a 32,000 square foot garden
center. The second parcel (Outparcel # I) consists of 2.67 acres, and will be occupied by' a
30,000 square foot retail building. The third parcel (Outparcel #2) consists of 0.96 acres,
and will be built out with a 6,000 square foot retail building proposed for two restaurants
(at least one of which will be a fast food restaurant with drive-through facilities).
The existing Gannet Parkway, located mid-way through the site, is to be vacated and
relocated to the northern property line of the proposed project, approximately 450 feet
northerly of its existing location. The proposed project will be accessed on both
University Parkway and Hallmark Parkway. The fonner access point will serve the
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outparcels closest to University Parkway. The primary access for the Lowe's building
will be on Hallmark Parkway.
The development is consistent with surrounding land uses. Commercial and light
industrial land uses are compatible, particularly with Development Code setback
requirements. Similar land uses occur to the north of the project site.
The project is consistent with the General Plan land use designation of UBP-2, which is
intended to encourage the development of local and regional commercial development.
The proposed project is consistent with the General Plan, and the General Plan
designation assigned to it.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated
into the plan, or are otherwise required for subsequent environmental review,
which will mitigate potential land use impacts to a level of insignificance. As
a r~sult, no specific mitigation measures are required.
C.2. Biological Impacts
Proiect Conditions
.
Suitable habitat for sensitive species does not occur on the site. The Mexican Fan Palms
and other shrubs on the project site may provide nesting habitat for common birds
protected under the Migratory Treaty Act. The Act requires that impacts to nesting birds
be minimized through avoidance. Burrowing Owl were not identified on the project site.
However, the presence of suitable burrows on the site presents the possibility that the
species could inhabit the site prior to construction of the proposed project.
Findings:
I. Changes, alterations, and other measures have been made in or incorporated
into the plan, or are otherwise being implemented, which will mitigate these
impacts to a level of insignificance. Among the mitigation measures are the
following:
a. Potential impacts shall be mitigated to a less than significant level by
insuring that suitable nesting habitat is not cleared or graded during the
March through July breeding season. Alternately, a nesting bird survey
could be conducted to insure that nesting birds are not present.
.
b. A burrowing owl pre-construction survey shall be conducted no more than
30 days prior to any construction related activity to insure that no owls
have moved onto the project site. If owls are detected during that survey,
additional mitigation measures would be required, as recommended by the
. California Burrowing Owl Consortium.
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C.3. Cultural Resources Impacts
Proiect Conditions
The project site has been previously graded, and is currently periodically disced. The area
of the project site has not been identified as having a potential for archaeological
resources. The potential for resources occurring on the property are therefore very low.
The site is not listed on the California Register of Historical Resources. The site is
vacant, and has no potential for historic resources.
Therefore, the proposed project will not cause a substantial adverse change in the
significance of an archaeological resource pursuant to S 15064.5 of CEQA. The site has
no unique geological features that would suggest the existence of potential
paleontological resources. The recent age of the soil deposits, and the extensive depth at
which they occur, result in an extremely low potential for paleontological resources
occurring on the site.
Findings:
J.
Changes, alterations, and other measures have been made in or incorporated
into the plan. or are otherwise required for subsequent environmental review,
which will mitigate any potential impacts to cultural resources to a level of
insignificance. As a result, no specific mitigation measures are required.
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CA. Geology and Soils Impacts
Proiect Conditions
The 14 acre site is not located within the boundaries of an earthquake fault zone. Soils on
the site are. of Holocene age, and consist of sands interbedded with gravel, cobbles and
silt. Soils on the site have been determined to be unsuitable as structural fill. Mitigation
measures included in the document, however, will reduce the impacts to less than
significant levels. The site will be subject to wind and water erosion impacts during the
construction process.
Findings:
I. Changes, alterations, and other measures have been incorporated into the
project, or are otherwise being implemented, which will mitigate these
impacts to a level of insignificance. Among these are the following:
a. Recommendations made by the geotechnical engineer will be
implemented to assure proper compaction and grading of the project area
to assure structural integrity for all structures.
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b. Remedial grading consisting of fine well graded soils with very low
expansive potential will be required throughout the site.
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c. A Stocking Plan will be required to assure that stored inventory IS
adequately secured during an earthquake.
C.S. Hazardous and Toxic Materials
Proiect Conditions
The development of the project site will require the use of certain limited amounts of
hazardous materials, including solvents, paints, asphalt and oils. The use of these
materials will be of short duration, and in limited quantities. The retail stores within the
project site, will store limited amounts of cleaners and solvents for every day use. These
materials are not expected to be of significant quantity to pose a hazard to the public or to
employees of these facilities.
The Lowe's store can be expected to transport and store larger quantities of paints,
lubricants, sealants, glues, fertilizers, pesticides, herbicides and cleaning products for
sale. Lowe's will be required by the Fire Department, as well as responsible county, state
and federal agencies to handle and store these materials according to their standards and
requirements.
Findings:
.
1.
Changes. alterations. and other measures have been made in or incorporated
into the plan, or are otherwise required for subsequent environmental review
which will mitigate the potential impacts associated with hazardous and toxic
materials to a level of insignificance. As a re~ult, no specific mitigation
measures are required.'
C.6. Hydrology Impacts
Proiect Conditions
Development of the proposed project will result in the construction of 20 I ,500 square
feet of building footprint, as well as parking lots and driveways, which are all
impermeable surfaces. It is estimated that these structures and surfaces will cover
approximately 90% of the project site, resulting in the potential for greater amounts of
storm water runoff. The project design includes the connection of the project site to
surrounding existing and improved drainage systems, resulting in a reduction in the
amount of storm water expected to exit the site after development is completed. These
improvements and standard conditions imposed by the City reduce potential impacts to
less than significanllevels.
Findmgs:
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1.
Changes. alterations. and other measures have been made in or incorporated
into the plan, or are otherwise required for subsequent environmental review,
10
.
which will mitigate this impact to a level of insignificance. As a result, no
specific mitigation measures are required.
C.7. Water Resources/Quality Impacts
Proiect Conditions
Total estimated water demand for the project is estimated to be 36,270 gallons per day, or
40.6 acre- feet per year. This consumption has already been included in the San
Bernardino Water Management Department's 2005 Urban Water Management Plan, as
this plan has been based upon ultimate buildout conditions reflected in the City's General
Plan. These conditions. in turn. are based upon the General Plan land use designations for
all properties within the City limits. Since the uses proposed for the project site are
consistent with General Plan land uses in the University Business Park designation, the
water usage estimated in the Urban Water Management Plan is also consistent.
In addition, the City is required by the federal govemment to comply with all
requirements of the National Pollutant Discharge Elimination System (NPDES). NPDES
is a part of the Federal Clean Water Act Amendments of 1992, and requires all local
government agencies and major private industries to take all practical measures in
reducing pollution discharges into water bodies. Compliance with the requirements of
NPDES will ensure that water quality will not be degraded by the proposed project.
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Findings:
1. Changes, alterations, and other measures have been made in or incorporated
into the plan, or are otherwise required for subsequent environmental review,
which will mitigate potential water resources/quality impacts to a level of
insignificance. As a result, no specific mitigation measures are required.
c.s. Noise Impacts
Proiect Conditions
Construction of the proposed project will result in short-term noise impacts associated
with grading, construction, and the transport of construction workers and equipment to
and from the site. The closest existing development to the project site is the medical
office building immediately northwest of the future Sun Way. Noise levelS immediately
outside these buildings during construction activities could range from 79 to 86 dBA
during the grading of the site along the northern property line. Noise levels at the closest
sensitive receptor. the Days Inn on the east side of University Parkway, will not be
significantly impacted, due to distance and intervening development. Construction noise
levels at this location would be expected to range from 64 to 71 dBA at the western edge
of the Days Inn property.
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The primary on-site noise generator. the proposed Lowe's loading areas, will be located
on the western property line. at the point furthest on the project site from the Days Inn
location. Loading areas will be shielded by the Lowe's building, and the buildings
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constructed on the two outparcels. Additional operational noise sources may include
refrigeration units, heating/ventilation/air conditioning (HV AC) units. Project design
calls for roof-mounted equipment to be shielded by parapets and similar design elements.
These design elements block the line of sight between the noise source and the observer,
and deflect sound upward and away from noise receptors on the ground.
Findings:
I. Changes, alterations, and other measures have been made in or incorporated
into the plan, or are otherwise required for subsequent environmental review,
which will mitigate this impact to a level of insignificance. As a result, no
specific mitigation measures are required.
C.9. Public Services and Utilities Impacts
Proiect Conditions
The project will generate only a minor demand for additional police protection from the
City's Police Department. Auto and truck traffic generated by the project may require
some additional involvement and monitoring activities by local police officers as well as
the State Highway Patrol. Lighting placed within the project area will constitute an
additional safety measure for the property.
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The proposed project will generate increased demand for fire protection services. The
buildings within the project will be constructed to City Fire Department standards, and
will include automatic sprinkler systems where required. The materials potentially stored
within the businesses operating on the project site, as described in the Hazards and
Hazardous Materials section above, may result in a need for special services or
equipment.
The project is not expected to have significant adverse impacts on the educational
facilities in the area. The San Bernardino City Unified School District is continually
planning for growth in order to ac.commodate regional population increases. The
proposed project will generate jobs, which may increase local populations somewhat.
However, the proposed project will be required to pay a school mitigation fee of 42 cents
per developed square fool. This fee is intended to provide for additional school facilities,
and mitigate the project's impacts on school facilities.
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The California Integrate Waste Management Board has established waste generation rates
by land use type, including the commercial facilities proposed on the project site. Based
on estimates for employment of 120 persons at the home improvement warehouse, 20
persons in the restaurants, and 30 persons in the retail building, the proposed project is
estimated to generate 467 tons of solid waste per year. Sufficient landfill capacity is
available, and the project will comply with all federal, state, and local regulations related
to solid waste, including recycling.
Water service will be provided by the City Water Department. Existing 12 inch water
lines occur in Hallmark Parkway and University Parkway to serve the proposed project.
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As discussed in the Water Resources section of this EIR, the City has sufficient water
supplies to serve the proposed project, and infrastructure is in place to deliver the water to
the site.
The proposed project is expected to generate 19,000 gallons of wastewater per day. This
represents an increase of 1/1 Olh of 1 percent of the daily processing at the sanitary sewer
plant, and is well within the plant's total capacity. The City has existing sewer lines
located in Hallmark Parkway, to which the proposed project will connect.
The project is estimated to generate a monthly demand of 584,350 cubic feet of natural
gas at buildout. Build-out will increase the demand of this non-renewable, fossil fuel
energy source, and will contribute to a cumulative effect upon the long-term availability
of natural gas. However, the proposed project is not expected to significantly impact
natural gas supplies, gas distribution infrastructure, or the utility's ability to deliver gas.
The proposed project will generate additional demand for electrical power. The proposed
project will generate an estimated demand of 2,923,950 Kwh per year. Sufficient
electrical capacity exists to serve the project, and no significant impacts are associated
with the provision of electricity to the site.
Findings:
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Changes, alterations, and other measures have been made in or incorporated
into the plan, or are otherwise required for subsequent environmental review,
which will mitigate this impact to a level of insignificance. As a result, no
specific mitigation measures are required.
c.t O. Traffic and Circulation
Proiect Conditions
The proposed project is expected to generate up to 7,906.average daily trips. Intersections
in the area of the proposed project currently operate at acceptable levels of service. After
opening of the project in 2008, these intersections will continue to operate at acceptable
levels, with the implementation of planned improvements. Since the proposed project
will contribute to the decreases in level of service, mitigation measures are required to
assure that these improvements are constructed, and that levels of service are maintained.
In 2030, with or without the proposed project, but with the implementation of planned
improvements, all project area intersections will also operate at acceptable levels of
ser\'lce.
Findings:
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Changes, alterations, and other measures have been made in or incorporated
into the plan, or are otherwise required for subsequent environmental review,
which will mitigate this impact to a level of insignificance. The following
mitigation measures are included:
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a. The payment of Development Impact. Fees to assure fair share
participation in surrounding circulation improvements.
b. The construction of University and Hallmark Parkways to their ultimate
half-widths.
c. The installation of on-site signage to the satisfaction of the City Engineer.
C.II. Visual Impacts
Proiect Conditions
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Buildout of the Hillwood project will result in the development of new structures,
signage. lighting. utility infrastructure, and other elements of the built environment. The
proposed warehouses will be concrete tilt-up shell buildings. The buildings will have
simple, highly, functional industrial designs and many of the exterior finishes will be in
off-whites. beiges. and earth tones. Design guidelines provide for a maximum building
height of 39-feet. The landscaping plan calls for the installation of trees and a variety of
accent plantings. Typical street trees will grow 10 40 feet, and the palm trees that will be
located near the comers of the warehouse buildings will grow to about 18 feet. Major
scemc resources are not expected to be significantly impacted by the planned
development.
Findings:
2. Changes. alterations, and other measures have been made in or incorporated
into the plan, or are otherwise required for subsequent environmental review,
which will mitigate this impact to a level of insignificance. As a result, no
specific mitigation measures are required.
C.) O. Socio-Economic Impacts
Proiect Conditions
The elevations for the Lowe's building also show a single story building; with the main
structure extending to a height of 28'8". The building will be roughly square, with a
width of 340 feet (north to south), and a depth of 280 feet. The Lowe's building will be
located on the western end of the project site, 850 to 900 feet from University Parkway.
The 30,000 square foot building will be located approximately 250 feet from University
Parkway. and will be partially obstructed by the existing gasoline service station
improvements. The 6,000 square foot building will be located immediately west of the
service station improvements, and will be obstructed from view on University Parkway.
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The location of the site to the south of the 1-215 right of way, and at a lower elevation,
results in blocked views of the north and northeast, regardless of development ofthe site.
The construction of the project will have limited impacts on views to the south from
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.
surrounding development, since limited scenic vistas occur in this direction under current
conditions.
The proposed project will include parking lot lighting which will be similar in scope and
size to that provided in surrounding commercial projects which currently occur in the
area. The project will be required to conform to City standards for parking lot lighting.
Findlll>(s:
I, Changes. alterations, and other measures have been made in or incorporated
into the plan, or are otherwise required for subsequent environmental review,
which will mitigate socio-economic impacts to a level of insignificance. As a
result, no specific mitigation measures are required.
D. SIGNIFICANT ENVIRONMENTAL IMPACTS WHICH CANNOT BE
A VOIDED IF THE PROJECT IS IMPLEMENTED
D.1. Air Quality Impacts
Proiect Conditions
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The development of the proposed project will result in the generation and emission of air
pollutants both locally and regionally. Primary air quality impacts are expected to come
from the emission of pollutants generated by vehicular and truck traffic. Emissions
generated by fugitive dust from site disturbance and other construction activities will also
negatively impact local and regional air quality. Mitigation measures to be implemented
to reduce the impacts of fugitive dust include, but are not limited to, the submittal of a
dust control plan. the use ofwatertrucks, limitations to the amount ofland which may be
graded at one time, post-grading soil stabilization, and the cessation of grading activities
during win,d events in excess of 30 miles per hour, as well as other measures which will
effectively limit fugitive dust emissions resulting from construction or other site
disturbance. With implementation of these mitigation measures, construction emissions
are expected to be less than significant.
The total operational emissions of the proposed project, including power plant emissions,
emissions associated with the consumption of natural gas and vehicular emissions are
expected to exceed thresholds of significance for carbon monoxide, nitrogen oxides,
sulfur oxides and reactive organic gases. Although mitigation measures can, to a limited
degree be provided, the impacts cannot be mitigated to less than significant levels, and
cumulative impacts to the regional air quality will also be significantly impacted.
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As the majority of the area's electrical power is generated in the air basins outside the
area, projects within the City will also contribute to the cumulative'impacts on air quality
elsewhere. However. greater reliance on transitional fossil fuels such as natural gas will
continue to lower pollutant emissions per kilowatt in the near to mid-term.
The pollutant generation factors used in the moving emission calculations are based on
projected rates of emission for the year 2007. It is expected in all cases that in the future
15
.
emitters will become more efficient and will emit less pollutants as alternative fuel and
new combustion technologies come on-line. Though the mitigation measures prescribed
in the EIR will reduce the potential level of emissions, the proposed project results in
unmitigatable increases in project-related air pollutant generation.
The EIR provides for the provision of all reasonably available methods and technologies
to assure the minimal emissions of pollutants generated by the project. The EIR also
directs the developer to, as feasible, incorporate energy conservation measures and
features into project design and development. Mitigation measures are derived from the
South Coast Air Quality Management District's CEQA Air Quality Handbook and from
City and other SCAQMD policies. Implementation of the mitigation measures are
expected to reduce project operational impacts to air quality to the greatest extent
practicable.
Findings:
] . Changes and other measures have been made in or incorporated into the plan.
or are otherwise required for subsequent environmental review, which will
partially mitigate to the extent feasible the significant air quality impacts,
including the following:
a. Installation of low polluting and high efficiency appliances and lighting.
.
b. Installation of native and drought-tolerant landscaping.
c. Construction of thermally sound buildings, including efficient window
glazing, insulation and ventilation, and installation of time clocks or
occupant sensors.
2. Most significant environmental effects that can feasibly be avoided have been
substantially reduced by virtue of mitigation measures in the Final EIR or
otherwise incorporated into the plan as described in "I" above.
a. The remaining unavoidable significant effects are acceptable when
balanced against the facts set forth in the Statement of Overriding
Considerations, giving greater weight to the remaining unavoidable
signi ficant effect.
.
16
EXHIBIT 3
CITY OF SAN BERNARDINO
Development Services Department, Planning Division
300 North "0" Street, 3rd Floor
San Bernardino, CA 92418
Phone (909) 384-5057 . Fax (909) 384-5080
Web address: www.sbcity.org
APPLICATION FOR APPEAL
APPEAL FROM A DECISION OF THE (check one)
Case number(s):
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A'? dliiiJ'JI
o Development Services Director
o DevelopmentJEnvironmental Review Committee
181 Planning Commission
Project address:
Appellant's name: A""iWulru,7v S..',7v.'c<='s Co/v. 01"
Appellant's address: Y ~'lrJ tv. HItI.<-tW711 u' P/~""Y
Appellant's phone:_("IcAJ !S67 -,g-)~g-
tlWPellant's e-mail address:
Contact person's narne: JI\1t'\es tn. fJo"'(L(
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Contact person's address: 'r) Iou /II, HIlI.( MlhZ,C- p/l.""y
Contact person's phone: 0()Cj) ~7 - ~"S'8" 'let .;l-Oy
Contact person's e-mail address: ,JPOwI:t.<. @I}s:cONIvL'i3.,-OfV'
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Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application fonn
within 15 days following the final date of action, accompanied by the appropriate appeal filing fee.
Appeals are nonnally scheduled for a detennination by the Planning Commission or Mayor and Common
Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and
time of the appeal hearing.
OFFICE USE ONLY
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REQUIRED INFORMATION FOR AN APPEAL
4tcifiC action being appealed and the date of that action:-.APlttMII-L ,,~ c.iJi'40,r,~,.,'t{ Us,1: Ibl'" Jr
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Specific grounds for the appeal: N/Jr ilVDUt,1J. NIJT,ct= (:., ut"", ru HItC-L,vtlY!.."- Jltr/Z[ /11"'11
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Action sought: DFlA'I '''' Pl'1fjt'6SFJ:J PIUL.JCq- th.IItL
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Additional information:
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Signature of appellant:
Date:
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Ambulatory Services Corporation
A HEALTHCARE DEVELOPMENT COMPANY
4240 North Hallmark Parkway, 2nd Floor
Sa." Bernardino. CA 92407
Phone:.(909) BB7-B7BB
Fax: (909) BB7-2794
www.asconweb.com
LEGAL DEPARTMENT
James M. Powell, ESQ.
Laurie Renfro. Paralegal
LEGAL ASSISTANTS
Trisha Cupples
Deneice Chaparro
October 30, 2006
Hon. Patrick J. Morris
MAYOR OF SAN BERNARDINO
300 North "0" Street, Sixth Floor
San Bernardino, CA 92418
RE: DEVELDPMENT PERMIT No. 03-48
Lowe's HIW, Inc.
Dear Mr. Mayor:
I represent the interests of Hallmark Surgical Center, LLC, and Hallmark MRI, LLC,
located at 4130 North Hallmark Parkway, Suites A and B respectively, These two
medical facilities directly abut the proposed development project to the north and are
likely to be the two businesses most directly impacted by the construction. I appeared at
the Public Hearing before the Planning Commission on October 17, 2006, whereat the
project was discussed and approved. I did have the opportunity at that hearing to address
some of my clients' concerns with the project, but feel that not enough consideration has,
as yet, been given to those concerns.
For the record, my clients do not oppose the development and feel that the addition of a
Lowe's is certainly in the best interests of the community and will ultimately increase the
property values of the surrounding parcels. However, my clients do have some very
serious and legitimate concerns regarding their respective abilities to continue in
operation during the construction phase of the project, especially during construction of
the proposed "The Sun Way." The new roadway, as proposed, is only thirty yards from
the southern wall of our facilities. The operation of heavy construction equipment within
that close proximity could render the highly sensitive medical equipment inoperable.
Hallmark MRI is a stand-alone Magnetic Resonance Imaging center and employs the
Fonar Upright scanner. The Fonar scanner costs upwards of $1.5 million and weighs
291,000 pounds. The scanner is essentially a large electro-magnet and the Fonar
Corporation informs us that large metallic objects, for example the heavy construction
equipment used to construct roads, in close proximity could interfere with the operation
of the unit.
Further, excessive vibration, especially during compaction, could prove incompatible
with the integrity of the magnet. Repairs would be quite an extensive and costly
undertaking if the 291,OOO-pound magnet were to become even slightly dislodged due to
excessive vibration.
.
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e
Finally, like most electronic equipment, the Fonar scanner requires a computer to operate.
Computers do not typically react well when combined with excessive vibration and dust.
Although the plan calls for dust abatement, there is no way to totally eliminate this
problem.
Anyone of the above problems would essentially render the magnet inoperable during
construction. Prolonged non-operation of the unit would be extremely detrimental, if not
fatal. to our business.
With regard to Hallmark Surgical Center, we have similar concerns. In fact, several of
our physician partners have already expressed to us their concerns over performing
surgery with excessive vibration and background noise. These circumstances are not
conducive to proper medical care.
Again, there is als'o concern with the increased dust level. The surgical procedure rooms,
like any other operating room, are sterile environments. As a result, the surgery center
has a complex filtration system in place to control atmospheric debris. The increase dust
level, although it may not prevent the Center from operating its business, would certainly
increase the frequency with which the HEPA filters need to be replaced, which would
result in additional expense to the Center.
Although the impact of the vibration and proximity of heavy construction equipment on
the Cenlt:r" s equipment is unclear, this, too, needs to be further explored prior to
construction.
Finally, during the construction of the Wal-Mart Store, located directly across Hallmark
Parkway from the proposed development, Edison intended to shut of the power to the
Center for two days while they hooked the Wal-Mart into the main grid. Although this
scenario was averted after much effort on our part, we certainly do not want a repeat in
this instance.
As previously mentioned, my clients do not necessarily oppose the construction of the
project, but do have, as I am sure you will agree, some very legitimate concerns and seek
only to have these concerns formally recognized and adequately addressed prior to
ground breaking. We are asking for a temporary delay in construction until such time as
the impact on our businesses can be more specifically determined. It is, I believe,
imperative that the site planners from the Fonar Corporation interact directly with the
Department of Public Works, and/or other relevant city department(s), as well as the
contractors to determine the precise tolerances of the magnet.
I have already been in contact with Fonar to arrange a site visit. We are willing to
cooperate anyway we can, but it should not be my clients' responsibility to incur this, or
any other, additional expense as a result of this project. My clients are simply interested
in being permitted to continue to operate their respective businesses with minimal
.
.
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disruption and cost to them, and would like further assurances of this fact prior to
supporting the project.
Thank you for your consideration in this mailer.
s . Pow II, Esq.
G eral Counsel
Ambulatory Services Corporation
JMP:jp
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EXHIBIT 4
LOWE.S
Camllan'H.nc.
KIMBERLY HYSNI
1530 FARADAY AVENUE,
SUITE #140
CARlSBAO. CA 92008
EMAlL: KIMBERLY .S.HYSNr@LOWES.COM
TElEPHONE
(760-804-SJI2)
FACSIMILE
{760-602-1142I)
November 21,.2006
[SUBMITTED VIA EMAIL AND FAX]
Mr. Aron Liang
Senior Planner
Development Services Department
300 North "0" Street
San Bernardino, CA 92418-000 I
Fax No. 909-384-5155
James M. Powell, Esq.
General Counsel
Ambulatory Services Corporation
4240 North Hallmark Parkway, 2nd Floor
San Bernardino, CA 92407
Fax No. 909-887-2794
RE: Lowe's - N. San Bernardino, CA
Dear Aron and Jim:
We appreciated the opportunity to meet with everyone last week to discuss the concerns raised
by Ambulatory Services Corporation (ASC) in their appeal of the Lowe's project. Based on that
meeting and the follow-up email from Mr. Powell, it seems we should be able to resolve the
appellant's concerns and move forward with the project. As we mentioned in the meeting,
Lowe's is ready to pull permits and begin construction. The only item stopping construction is
the appeal. Every day it remains unresolved means delays and fmanciaI impact on Lowe's.
Accordingly, we are interested in addressing ASC's concerns and resolving the appeal as quickly
as possible. Below arc specific measures that Lowe's experts agree will address ASC's concems
and mitigate potential impacts on the medical office building from Project construction.
During the meeting it became apparent that ASC's primary concern is vibration from Lowe's
construction of the new road to be called "The Sun Way". "The Sun Way" is the most
proximate location to the ASC facilities where construction of the project will take place. The
following are measures that Lowe's can agree to implement during the construction of The
Sun Way to mitigate potential vibration impacts during such construction:
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Aron Liang, James Powell
November 21, 2006
Page 2
I. In place of using pile drivers, Lowe's shall require use of drilling equipment
(such as augers) to drill holes and set pilings in concrete. This will eliminate the
largest potential contributor of groundbome vibration during construction of the
project;
2. In place of using vibrating rollers, Lowe's shall require use of specialized rollers
designed to reduce groundbome vibrations, static rollers, and/or other pneumatic
(rubber tired) equipment for compaction;
3. Require construction vehicles to use pneumatic( rubber tire) equipment instead
of track mounted equipment;
4. Install vibration monitor on Project site and adjacent medical office site to
monitor vibration on and from the construction site; and
5. Once The Sun Way has been constructed, using the existing roadways into the
Project site to transport construction equipment instead of the newly constructed
Sun Way.
Our experts agree that with these measures there will be minimal vibration impact, if any, on the
adjacent medical office building and its equipment.
ASC's appeal also raised concerns regarding noise and dust. As Lowe's mentioned during the
meeting, the Project will not require large construction equipment or moving a large amount of
soil. The Project can be completed with front loaders, graders, backhoes, scrapers and other
smaller construction equipment. This will reduce the amount of noise and dust. Lowe's is also
willing to implement the following measures during construction .to further reduce any
potential noise impacts:
I. Lowe's shall locate equipment staging and stationary on site machinery away
from the medical office building to attenuate potential noise;
2. Lowe's shall provide ASC with advance notice of significant noise events, if any,
to the extent possible;
3. Lowe's shall maintain in proper working condition, the construction industry's
standard noise reducing measures on construction equipment including factory
installed mufllers and air intake silencers;
4. Lowe's shall work with ASC to limit significant noise events to the medical
office building non-peak or non-sensitive operation times; and
5. Lowe's shall implement the proposed vibration measures which will also reduce
noise impacts.
Dust impacts will be mitigated by complying witb tbe extensive dust control measures
required by tbe Project EIR and conditions of approval. These include, but are not limited to
the following:
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Aron Liang, James Powell
November 21,2006
Page 3
I. Lowe's has submitted a dust control plan that complies with Municipal Code
section 19.20 and SCAQMD Rule 403;
2. Lowe's shall restrict grading work to no more than 10 acres on any work day;
3. Lowe's shall water exposed surfaces three (3) times a day during all grading
activities (more than what is required by Rule 403);
4. Lowe's shall stop construction grading activities when winds exceed thirty (30)
miles per hour; and
5. Lowe's shall water on-site equipment morning and night.
Additionally, Lowe's Construction Project Manager, Wendell Hinman, will remain available for
ASC to contact around the clock in the event ASC experiences any unanticipated problems with
the proposed construction.
Lowe's believes that the measures listed above will sufficiently address ASC's concerns
regarding the Project. Lowe's understands that ASC is waiting for infonnation from Fonar, but is
very concerned that given the approaching holiday season and Fonar's slow response to questions
that the appeal may unnecessarily be prolonged while we wait for infonnation from Fonar. To
avoid further delay, Lowe's has hired experts, analyzed the issues and drafted the measures
above to mitigate the potential impacts. Lowe's also intends to continue researching other
potential mitigation measures and would be open to considering other reasonable measures
proposed by ASC.
Lowe's has worked diligently to address ASC's concerns and resolve the appeal and would like
to avoid any unnecessary delay in resolving the appeal. Accordingly, Lowe's proposes that in
exchange for Lowe's (1) agreeing to implement the proposed mitigation measures, and (2)
providing its Project Manager as a continuing point of contact for ASC to address any
unanticipated problems caused by the proposed construction, ASC withdraw its appeal. Given
the issues and time constraints, Lowe's believes this proposal is reasonable. Lowe's would like a
response to the proposal by November 28, 2006 and, if ASC agrees, a withdrawal ofthe appeal
by November 29, 2006. Unless the appeal is Connally withdrawn however, Lowe's hereby
respectfully requests the City to set the appeal matter for hearing on the December 18, 2006 City
Council Agenda.
Thank you again for meeting with us to discuss the appeal. We look forward to your response.
Sincerely,
~~
Counsel
Aron Liang, James Powell
November 21,2006
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cc via email: Michelle Alfieri
Alexis Pelosi, Esq.
Judy Davidoff, Esq.
Michael Hendrix
Jason Brandman
Don Parrey
Ed Lump
Wendell Hinman
Steve Gale
AI Montes
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