HomeMy WebLinkAbout33-Development Services
MAYOR & COMMON COUNCIL
MEETING BACKUP
MEETING DATE: November 4. 2002
Mayor and Common Council /
GROUP MEETING: Community Development Commission
DEPUTY:
Linda Sutherland
*** No backup materials are included for the following items. ***
ITEM #
STATUS
30
Laid over
31
Continued to November 18, 2002
33
Laid over
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Dept: Development Services
Date: September 16, 200V .'~ . ",. ., ., ',L
Subject: General Plan and Development Code
Amendments to create a Residential Student
Housing land use designation; and a Conditional
Use Permit to allow the construction of a student
housing project
MCC Date: October 7, 2002
Synopsis of Previous Council Action:
N/A
That the hearing be closed, and that the Mayor and Common Council:
1. Adopt the Mitigated Negative Declaration for General Plan Amendment No. 01-06,
Development Code Amendment 02-04 and Conditional Use Permit No. 02-18 and the
Mitigation Monitoring and Reporting Plan for Conditional use Permit No. 02-18.
Approve General Plan Amendment No. 01-06 based on the Findings of Fact
contained in the Planning Commission Staff Report. (;;-0'1
Approve Development Code Amendment No. QJ:~based on the Findings of Fact
contained in the Planning Commission Staff Report, and waive the first reading and
layover the ordinance for final adoption.
Approve Conditional Use Permit No. 02-18, based on the Findings of Fact contained
in the Planning Commission Staff Report and subject to the Conditions of Approval
and Standard Requirements.
2.
3.
4.
~'r'wJL
James Funk
Contact person:
V~lpT1P RnC!C!
Phone: 'Ul4_~n~7
Supporting data attached: StaffR~.port. f"'O' orclinanr."
Ward:
'\
FUNDING REQUIREMENTS: Amount: N/A
Source: (Ace!. No.)
( A C'f'"t npC!I"riptinn)
Finance:
Council Notes:
VA::.(\~200Z.- ~
Agenda Item ~
iI/4/~2
:H:: 33
. ,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: General Plan Amendment No. 01-06, Development Code Amendment No. 02-04,
Conditional Use Permit No. 02-18
Mayor and Common Council Meeting of October 7, 2002
BACKGROUND
The City received an application for a residential project to house students of California State
University, San Bernardino. The standards contained in the project did not fit into existing
General Plan or Development Code definitions. New standards had to be developed. A
General Plan land use category was created, and Development Code text was drafted to
accommodate the proposed land use. The standards proposed in the Development Code
Amendment provide for the leasing of single bedrooms within 2 to 4 bedroom apartment
units, as well as custom modifications to other development standards. The project proposed
by American Campus-Titan will require slight modification, particularly to the parking
standards, to meet the proposed requirements of the Development Code Amendment.
At its meeting of September 3,2002, the Planning Commission recommended that the Mayor
and Common Council approve General Plan Amendment No. 01-06, Development Code
Amendment No. 02-04 and Conditional Use Permit No. 02-18. The motion was approved
unanimously. Commissioners Coute, Durr, Enciso, Lockett, Morris, Sauerbrun, Thrasher,
Vasquez, and Welch were present.
In making their decision, the Planning Commission requested that modifications be made to
the development standards proposed for the Residential Student Housing District. Those
changes are included in Exhibit 3 (bold - new; strikeout - delete) and are summarized below.
The changes are also incorporated into the ordinance.
. The Planning Commission expressed a great deal of concern for the proximity and
affiliation of student housing projects. They recommended that the text be amended to
require that such projects be within 500 feet of only California State University, San
Bernardino.
. Also related to the concern regarding long term viability of such projects, the Planning
Commission changed the Development Code text to require that the affiliation with the
university be demonstrated to be in perpetuity. Concerns were raised because the applicant
has demonstrated an affiliation with the University for a period of only 15 years.
. The Planning Commission recommended that the conditions of approval for all student
housing projects be recorded with the County Recorder's office when approved, in order
to ensure that the land use continues as a student housing project in perpetuity, and does
not convert to another use at some time in the future.
. The development standards allowed for a reduction of 10% in unit size, if common
lounges were provided on each floor. The applicant's unit sizes were still below that
standard. The applicant had requested a Variance from the minimum unit size
2
. .
requirement. Staffhad recommended against the Variance, since the Findings of Fact
could not be made. The Planning Commission felt that the reduction in unit size should be
raised to 20%, to allow for smaller units for this particular land use. This removed the
need for the Variance. The minimum floor area standard for a 2-bedroom unit is proposed
to be reduced from 800 square feet to 663 square feet.
. The minimum lot size proposed was increased from 1 acre to 5 acres, since it was felt that
a one-acre site would not be large enough for a student housing project.
. The Planning Commission's recommendations regarding the Development Code
Amendment resulted in parallel changes to the Conditions of Approval for Conditional
Use Permit No. 02-18, in order to make those conditions consistent with the Development
Code text.
FINANCIAL IMPACf
None, the applicant has submitted the application filing fees for this project.
RECOMMENDATION
Staff recommends that the Mayor and Common Council:
. Adopt the Mitigated Negative Declaration for General Plan Amendment No. 01-06,
Development Code Amendment No. 02-04 and Conditional Use Permit No. 02-18 and
the Mitigation Monitoring and Reporting Plan for Conditional use Permit No. 02-18,
. Approve General Plan Amendment No. 01-06,
. Approve Development Code Amendment No. 02-04, as amended in Exhibit 3, based on
the Findings of Fact contained in the Planning Commission Staff Report,
. Approve Conditional Use Permit No. 02-18, based upon the Findings of Fact contained in
this Staff Report and subject to the Amended Conditions of Approval and Standard
Requirements (Exhibit 6).
3
Exhibits:
'.f'"
1
2
Location Map
Planning Commission Staff Report dated September 3, 2002
Attachment A Location Map
Attachment B Site Plan, Floor Plans, and Elevations
Attachment C Development Code Amendment text
Attachment D Variance Request submitted by applicant
Attachment E Initial Study
Attachment F Mitigation Monitoring and Reporting
Program
Conditions of Approval
Standard Requirements (included with
Exhibit 6)
Attachment G
Attachment H
3 Planning Commission Proposed Development Code Amendment
modifications
4 Resolution
5 Ordinance
6 Planning Commission Proposed Amendments to the Conditions of
Approval for CUP No. 02-18
7 Affiliation Agreement with Cal State, San Bernardino
4
EXHIBIT 1
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: GPA 01-06
PLANNING DIVISION DPIII 01.26
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 8/6/02
u
NORTH
I
0:
O~
01
N:
!
r~
-
CAL.IFOIt.IA ITATE
SLV
UN'YIUITT
cuu
"F
. '
EXHIBIT 2
SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: General Plan Amendment No. 01-06, Development Code Amendment No. 02-04,
Conditional Use Permit No. 02-18, Variance No. 02-08
AGENDA ITEM: 3
HEARING DATE: September 3, 2002
WARD: 5
APPLICANT:
General Plan & Dev. Code Amendments
City of San Bernardino
300 No. "D" Street
San Bernardino
Conditional Use Permit
American Campus-Titan
4725 South Monaco Street, Suite 340
Denver, CO 80237
720.528.7650
REQUEST AND PROJECT DESCRIPTION:
General Plan and DeveloDment Code Amendments
. Add a Residential Student Housing land use designation/district
. Establish development standards for student housing
. Change the land use designation from CG-3, Commercial General to RSH, Residential Student
Housing on 8.28 acres of an 11.28 parcel
Conditional Use Permit
. Construct a student housing project with 480 beds in 132 units within five buildings
Variance
. Allow units that are smaller than that proposed allowed in the Development Code Amendment text
The project site is located at the southwest comer of Northpark Boulevard and University Parkway.
CONSTRAINTS/OVERLA YS:
. None
ENVIRONMENTAL FINDINGS:
o Not Applicable
o Exempt
o No Significant Effects
. Potential Effects, Mitigation Measures and Mitigation MonitoringIReporting Plan
STAFF RECOMMENDATION:
. Approval of General Plan Amendment, Development Code Amendment and Conditional Use
Permit
. Conditions
. Denial of Variance
o Continuance to:
. .
CITY OF SAN BERNARDINO
Development Services Department - Planning Division
Interoffice Memorandum
FROM:
Mayor and Common Council
Valerie C. Ro~ty Planner
TO:
SUBJECT:
Agenda Item No. 33 - Residential Student Housing Project
DATE:
November 4, 2002
COPIES:
City Attorney; City Clerk; City Administrator; Development Services
Director
At the October 7, 2002 Mayor and Common Council meeting, this item was continued
without discussion. Since that time, staff has met with the applicant, California State
University officials, and the City Attorney's Office to address concerns related to the
long-term use of the project as student housing. As you may be aware, the City
Attorney's Office has expressed concerns that development of an off-campus student
housing project not be used for other residential purposes. Since the project is not a part
of the Cal State University system, the City cannot limit occupancy to students only. This
means that the student housing project could, theoretically, convert to an unacceptable
use in the future - drug and alcohol facility or parolee facility.
The City Attorney's Office has prepared language to address potential, future concerns
with the proposed project. That language is included in the Development Code
Amendment text (No. 15) and the Amended Conditions of Approval (No. 19). In
addition, instead of changing the land use designation from CG-3, Commercial General
to RSH, Residential Student Housing, the land use district will remain CG-3 with an RSH
overlay. In the event that the project no longer houses Cal State students or it is
demolished, further use of the site will be required to conform to the CG-3 land use
district policies and standards.
Attached are the following documents which supplement the previous submittals:
. Resolution - Adding the Residential Student Housing overlay land use district to the
General Plan
Attachment A - General Plan Policies
. Ordinance - Amending the Development Code to add definitions, requirements, and
standards for Student Housing Proj ects En,tered into RectmllI / 7 ':-'-
Attachment I - Text CouncillCmyOevCms Mtg: ,,#f 0 2....-
. Amended Conditions of Approval
bV
re A~bilda Item 3.3
(/~~~. ~
City ClerklCOC Secy
City of San BelDardino
The revised language in the text ofthe Development Code Amendment should provide
the assurance that the project will not convert to some other use in the future. Staff
recommends:
That the hearing be closed, and that the Mayor and Common Council:
I. Adopt the Mitigated Negative Declaration for General Plan Amendment No.
01-06, Development Code Amendment 02-04, and Conditional Use Permit
No. 02-18 and the Mitigation Monitoring and Reporting Plan for Conditional
Use Permit No. 02-18.
2. Approve General Plan Amendment No. 01-06 based on the Findings of Fact
contained in the Planning Commission Staff Report.
3. Approve Development Code Amendment No.Jl1~ased on the Findings of 61-0+
Fact contained in the Planning Commission Staff Report, and waive the first
reading and layover the ordinance for final adoption.
4. Approve Conditional Use Permit No. 02-18, based on the Findings of Fact
contained in the Planning Commission Staff Report and subject to the
Amended Conditions of Approval and Standard Requirements.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING
GENERAL PLAN AMENDMENT NO. 01-06 TO THE GENERAL PLAN OF THE
CITY OF SAN BERNARDINO, TO ADD THE RESIDENTIAL STUDENT HOUSING
DESIGNATION, AND ASSIGN THIS DESIGNATION TO 8.28 ACRES ON THE
SOUTH SIDE OF NORTHPARK BOULEVARD, EAST OF UNIVERSITY
PARKWAY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals
(a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the
Mayor and Common Council by Resolution No. 89-159 on June 2,1989.
(b) WHEREAS, General Plan Amendment No. 01-06 to the General Plan of the City
of San Bernardino was considered by the Planning Commission on September 3, 2002, after
a noticed public hearing, and the Planning Commission's recommendation of approval has
been considered by the Mayor and Common Council.
(c) WHEREAS, General Plan Amendment No. 01-06 was reviewed under the
California Environmental Quality Act (CEQA) and a Mitigated Negative Declaration was
considered by the Mayor and Common Council.
(d) WHEREAS, the Mitigated Negative Declaration has been reviewed by the
Planning Commission and the Mayor and Common Council in compliance with the
California Environmental Quality Act (CEQA) and local regulations.
(e) WHEREAS, the Planning Commission conducted a noticed public hearing on
September 3, 2002, in order to receive public testimony and written and oral comments on
General Plan Amendment No. 01-06 (a proposal to add the Residential Student Housing land
use designation to the General Plan) and fully reviewed and considered the Planning Division
staff report and the recommendation of the Environmental Review Committee.
1
.'
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(f) WHEREAS, the Mayor and Common Council held a noticed public hearing and
fully reviewed and considered proposed General Plan Amendment No, 01-06 and the
Planning Commission and Environmental Review Committee recommendations and
Planning Division Staff Report on October 7,2002.
(g) WHEREAS, the adoption of General Plan Amendment No. 01-06 is deemed in
the interest of the orderly development of the City and is consistent with the goals, objectives
and policies of the existing General Plan.
SECTION 2. Mitigated Negative Declaration
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
Mayor and Common Council that the proposed amendment to the General Plan of the City of
San Bernardino could have an impact on the environment, but that there will be no impact
which cannot be mitigated to a level of insignificance, and the Mitigated Negative
Declaration heretofore prepared by the Environmental Review Committee as to the effect of
this proposed amendment is hereby ratified, affirmed and adopted.
SECTION 3. Finding:s
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of
San Bernardino that:
A. The proposed amendment is internally consistent with the General Plan in that it
meets General Plan Goals lA and IH, providing functional land uses, which meet the
needs of the City's residents.
B. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City in that any project developed under the
amendment will be required to meet or exceed all City standards and requirements for
safe construction.
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B.
c.
The proposed amendment would not impact the balance of land uses within the City
in that it provides a greater variety of housing types to City residents.
In the case of an amendment to the General Plan Land Use Map, the subject parcel(s)
is physically suitable (including, but not limited to access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the
requested land use designation(s) and the anticipated land use development(s) in that
all required utilities and public services can adequately serve the site.
SECTION 4. Amendment
BE IT FURTHER RESOLVED by the Mayor and Common Council that:
The Land Use Plan of the General Plan of the City of San Bernardino is amended by
adding Residential Student Housing policies to the General Plan, as outlined on
Attachment A, and further designating 8.28 acres on the south side of Northpark
Boulevard, east of University Parkway, the location as outlined on the map entitled
Attachment B, as Residential Student Housing as an overlay land use district. This
amendment is designated as General Plan Amendment No. 01-06, copies of which are
attached and incorporated herein for reference.
General Plan Amendment No. 01-06 shall become effective immediately upon
adoption of this resolution.
SECTION 5. MaD Notation
This resolution and the amendment affected by it shall be noted on such appropriate
General Plan maps previously adopted and approved by the Mayor and Common
Council and which are on file in the office of the City Clerk.
D.
A.
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 6. Notice of Determination
The Planning Division is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino certifying the City's compliance with
California Environmental Quality Act in preparing the Mitigated Negative
Declaration.
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. 01-06 TO
THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO ADD THE
RESIDENTIAL STUDENT HOUSING DESIGNATION AND ASSIGN THIS
DESIGNATION TO 8.28 ACRES ON THE SOUTH SIDE OF NORTHPARK
BOULEVARD, EAST OF UNIVERSITY PARKWAY.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting
thereof, held on the
, 2002, by the following vote, to wit:
day of
Council Members
ABSTAIN
ABSENT
AYES
NAYS
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2002.
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
B?f-~ 7- p~
5
Policies
1.13.14
1.13.42
1.13.43
ATTACHMENT A
General Plan Amendment No. 01-06
Permit the development of student housing in the RSH, Residential
Student Housing land use overlay district at a density of 20 units per acre
and with no more than 60 bedrooms per acre on only the 8.28 acres on the
south side of North park Boulevard, east of University Parkway, as
designated in General Plan Amendment No. 01-06.
Require a minimum lot size of five acres for the development of student
housing at the RSH density.
Require that student housing housing projects provide amenities in
relation to the number of units/bedrooms.
ATTACHMENT B
,/
I 1"""'/ / / ,I / ,/ / /
' / I~ / / /
'/I/1Ti-1
/ 'I / ,
0'1 '/
o /
L()
o
o
o
N'
f~
CA..I,.OIt~I. 'rATE
C &"0.
.F
1
ORDINANCE NO.
8
SECTION I.
Chapter 19.02, Section 19.02.050, Definitions and Chapter 19.04, Section
9
19.04.020, Table 04.01 (T), and Table 0.04.02, and Section 19.04.030 (2) (U) of the Municipal
10
11
Code (Development Code) are amended to add definitions and modify tables and text related to
12 Student Housing Project requirements and standards as shown in Attachment I attached hereto
13 and incorporated herein by reference.
14 SECTION 2. Severability. In the event that any provision of this Ordinance, or any part thereof,
15
or any application thereof to any person or circumstance, is for any reason held to be
16
unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its
17
18
19
20
face or as applied, such holding shall not affect the validity or effectiveness of any of the
remaining provisions of this Ordinance, or any part thereof, or any application thereof to any
person or circumstance or of said provision as applied to any other person or circumstance. It is
21 hereby declared to be the legislative intent of the City that this Ordinance would have been
22
adopted had such unconstitutional, invalid, or ineffective provisions not been included herein.
23
24
25
26 1111
1111
111I
27
28
I
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 19.02.050 (DEFINITIONS) AND CHAPTER 19.04 (RESIDENTIAL
2 DISTRICTS) SECTION 19.04.020, TABLE 04.01 (PERMITTED USES), TABLE 04.02
3 (SPECIFIC STANDARDS), AND SECTION 19.04.030 (DEVELOPMENT STANDARDS)
OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD
4 TEXT RELATED TO DEFINITIONS, REQUIREMENTS AND STANDARDS FOR
STUDENT HOUSING PROJECTS
5
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6
7 Common Council of the City of San Bernardino at a
8
9
10
meeting thereof, held
on the
7th
day of
October
, 2002, by the following vote to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
11 LIEN
12
13
MCGINNIS
DERRY
14
15 SUAREZ
16 ANDERSON
17 MCCAMMACK
18
19
20
21 2002.
22
23
City Clerk
The foregoing ordinance is hereby approved this
day of
JUDITH VALLES, Mayor
City of San Bernardino
24 Approved as to form
and legal content:
25
JAMES F. PENMAN
26 City Attorney
27 BY:~ t, ~
28 0
2
.'
ATTACHMENT 1
Chapter 19.02, Section 19.02.050, add definition of Student Housing Complex, as follows:
Student Housing Complex: A building or buildings containing multiple family dwellings
which allow for each bedroom to be leased to students attending California State University, San
Bernardino, which provides common area amenities for units ranging from one to no more than
four bedrooms per unit. The site shall be adjacent to California State University, San Bernardino,
bus service shall be available (within 500 feet of a bus stop), and retail services shall be within
2000 feet of the site. The designation will be applied only to projects which demonstrate an
affiliation with California State University, San Bernardino; and to parcels located within 500
feet of California State University, San Bernardino and specifically, only on the 8.28 acres on the
south side of Northpark Boulevard, east of University Parkway, as designated in General Plan
Amendment No. 01-06.
Section 19.04.010 (2.) E. add:
(Residential Student Housin!!) District
This overlay district is specifically designed to allow student housing complexes on lots located
within 500 feet of California State University San Bernardino, and which are at least five acres in
size, at a maximum density of20 units per acre and with no more than 60 bedrooms per acre, and
specifically, only on the 8.28 acres on the south side of Northpark Boulevard, east of University
Parkway, as designated in General Plan Amendment No. 01-06.
In the event that the project no longer houses California State University, San Bernardino
students or is demolished, further use of the site will revert back to the underlying land use
district policies and standards.
Section 19.04.020, Table 04.01 (1.) add:
RE
T. Student Housing Complex X
RL
X
RS
X
RU RM RMH RH
X X X X
RSH
C
Section 19.04.030, Table 04.02, Residential Development Standards, add a column labeled RSH,
as follows:
Lot Area Maximum Units/Gross Acre
20 (60 bedrooms)
Lot Area
5 ac.
Lot Width (feet)
150
Comer Lot Width
150
Lot Depth (feet)
150
1
Front Building Setback (feet)
40
Rear Building Setback (feet)
20
Side Building Setback (feet)
30
Side Building Setback Street Side (feet)
30
Building Lot Coverage (Maximum %)
50
Distance Between Buildings (feet)
25
Outdoor Useable Living Space (s.f.)
35% of unit size*
*A minimum of 5% of the outdoor living space must be private (balcony or patio), and a
minimum of 25% of the outdoor living space must be common useable space (not including
parking lot landscaping, or landscaped setback areas). The balance (5%) may be either common
or private useable open space. See Chapter 19.04, Section 19.04.030 (2.) (U.)(3.)
Maximum Structure Height in stories (feet) 4 (56)
Maximum Average No. of Attached
Dwelling Units 30
Chapter 19.04, Section 19.04.030, Table 04.03, Residential; Districts Specific Standards, add U.
Student Housing Complex in the RSH district.
Chapter 19.04, Section 19.04.030 (2.)
u. Student Housing Complex
1. Student Housing complexes are only permitted in the Residential Student
Housing District on lots within 500 feet of California State University, San
Bernardino, and on only the 8.28 acres on the south side of Northpark
Boulevard, east of University Parkway, as designated in General Plan
Amendment No. 01-06.
2. The minimum unit sizes shall be as follows:
. I-bedroom 600 square feet
. 2-bedroom 800 square feet
. 3-bedroom 1,000 square feet
. 4-bedroom 1,200 square feet
3. Student housing complex units may be up to 20% smaller than the minimum
dwelling unit size prescribed above if a common area is provided on each
2
floor. The common area shall be no less than 300 square feet, and shall
include: a television set sofa and chairs; or a game table (pool table, card
table, etc.), chairs and a sofa; desks, chairs and computer access facilities; or
other such amenity as is consistent with an area used for common social
activity, subject to approval by the Planning Commission.
4. All student-housing complexes shall provide 35% of each unit size as useable
open space for passive and active recreational use. A minimum of 5% of the
outdoor open space must be private (balcony or patio), and a minimum of
25% of the outdoor open space must be common useable. The balance (5%)
may be either common or private useable open space. Useable open space
areas shall not include: right-of-ways; vehicle parking areas; areas adjacent to
or between any structures less than 15 feet apart; or slope areas greater than
8%. Useable open space areas shall be delineated on project site plans, and
total square footage in open space shall be listed on the site plan.
5. Every bedroom shall be wired for computer Internet access in addition to
telephone access.
6. Every bedroom shall be equipped with an individual lock for use only by the
tenant. Master keys shall be maintained for each building.
7. All student housing complexes shall provide indoor and outdoor recreational
amenities within the site which may include: a swimming pool; spa;
clubhouse; picnic shelter and barbeque area; court game facilities such as
tennis, basketball, volleyball or racquetball; improved softball or baseball
fields; or such other similar facilities as approved by the Planning
Commission. The amenities shall be equivalent to a minimum of 50 square
feet per resident. The type of amenities shall be provided according to the
following schedule:
Bedrooms
No. of Amenities
0-25
26-100
101-200
201-300
301-400
o
1
2
3
4
Add one amenity for each 100 additional bedrooms or fraction thereof.
8. One off street parking space shall be provided for each bedroom, plus 3
uncovered off-street guest parking spaces per 100 rooms. A minimum of 65%
of the parking spaces shall be covered. The balance of the parking spaces shall
be shaded by trees in such a manner that all parking spaces shall be fully
shaded within 5 years of construction of the project.
3
\
.' ,
9. Common laundry facilities at a ratio of one full size washer and one full size
dryer per 10 units, and consistent with the Uniform Building Code shaIl be
provided on each floor.
10, Access to student housing complexes shall be limited through the use of
fencing or waIls with locked gates. Gates shall be equipped with either key or
card access and an intercom system for guests,
II. Each building within a student housing complex shall be locked, and equipped
with either key or card access and an intercom system for guests.
12. A professional, non-student resident manager shaIllive within each project. In
addition, a resident student manager, working a minimum of 16 hours a week,
shall be provided for each floor of each building.
13. Management and security plans shall be submitted for review and approval by
the Development Services Department and Police Department.
14, Each lease shaIl be for a minimum of one academic year. Short-term tenancy
during the summer months may be permitted, with the approval of a
Temporary Use Permit. No month-to-month tenancy or sub-letting of
individual rooms shaIl be permitted.
IS. The applicant shaIl enter into and continuously maintain an affiliation
agreement with Califomia State University San Bernardino ("CSUSB") and
shaIl provide the City with a copy of such affiliation agreement prior to the
approval of any building or grading permit for the project. The affiliation
agreement shaIl include, but not be limited to, the following:
a. Require that the project conform to CSUSB on-campus housing
policies. Require that all tenant leases incorporate CSUSB on-campus
housing policies.
b. Require that the design, engineering and construction of the project be
approved by CSUSB.
c. Grant CSUSB an option to purchase and a right of first offer to
purchase the property and the project at fair market value with a
guaranteed minimum and maximum price.
d. If a court finds that the project cannot limit the residents to students of
CSUSB, then CSUSB shall have an immediate right to purchase the
property at fair market value and, if it elects not to so purchase, then
CSUSB shall have the immediate right to lease the property at fair
market value so that the property will be part of the CSUSB campus
4
"
and therefore occupancy can be limited to students. IfCSUSB does not
exercise either right on the property, then the property and project
must continue to conform to all requirements in this Development
Code and in the affiliation agreement except the requirement that the
project limit residents to students of CSUSB.
e. If the affiliation agreement is terminated either mutually by the parties,
or unilaterally by the property/project owner, then CSUSB shall have
an immediate right to purchase the property at fair market value and, if
it elects not to so purchase, then CSUSB shall have an immediate right
to lease the property at fair market value so that the property will be
part of the CSUSB campus and therefore occupancy can be limited to
students. If CSUSB does not exercise either right on the property, then
the property must convert to a use consistent with the underlying
General Plan Land Use District.
f. Require that any successor in interest to the property and project, prior
to the conveyance of title, enter into an affiliation agreement with
CSUSB, the contents of which shall conform to the requirements of
this section.
5
EXHIBIT 6
CONDITIONAL USE PERMIT NO. 02-18
AMENDED CONDITIONS OF APPROVAL
1. 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.
2. 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.
3. In the event that 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
the matter. Once notified, the applicant agrees to defend, indemnifY, and hold harmless
the City of San Bernardino (City), the Economic Development Agency (EDA), any
departments, agencies, divisions, boards or commissions 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 and the Economic Development Agency any costs
and attorney's fees which the City or the Economic Development Agency 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 section.
The costs, salaries, and expenses of the City Attorney and employees of his office shall
be considered as "attorney's fees for the purpose of this condition.
As part ofthe consideration for issuing this permit or approval, this condition shall
remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at
the request of the applicant.
4. Construction shall be in substantial conformance with the plan(s) approved by the
Director, Development Review Committee, Planning Commission or Mayor and
Common Council. Minor modification to the plan(s) shall be subject to approval by the
Director through a minor modification permit process. Any modification which exceeds
10% of the following allowable measurable design/site considerations shall require the
refiling of the original application and a subsequent hearing by the appropriate hearing
review authority if applicable:
a. On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
1
0"
.,
Conditional Use Permit No, 02-18
Conditions of Approval
Page 2 of4
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.
5. 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 authorized by this permit until a Certificate of Occupancy has been issued
by the Department. A temporary Certificate of Occupancy may be issued by the
Department subject to the conditions imposed on the use, provided that a deposit is filed
with the Public Works Division prior to issuance of the Certificate, is necessary. The
deposit or security shall guarantee the faithful performance and completion of all terms,
conditions and performance imposed on the intended use by this permit.
6. This permit or approval is subject to all the applicable provisions of the Development
Code in effect at the time of approval. This includes Chapter 19.20- Property
Development Standards, and includes: dust and dirt control during construction and
grading activities; emission control of fumes, vapors, gases and other forms of air
pollution; glare control; exterior lighting design control; noise control; odor control;
screening; signs, off-street parking and off-street loading; and vibration control.
Screening and sign regulations compliance are important considerations to the developer
because they will delay the issuance of a Certificate of Occupancy until they are
complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or
meter cabinets shall be architecturally screened by wall or structural element, blending
with the building design and include landscaping when on the ground.
7. The outdoor recreational amenities for the proposed project shall total a minimum of
24,000 square feet. At a minimum, the site plan shall be amended to include 2 picnic
tables at each barbeque; the addition of at least one barbeque and 2 picnic tables on the
west side ofbuilding II. The outdoor recreational amenities and site area for same shall
be reviewed and approved by the Community Development Director prior to issuance of
building permits.
8. Prior to the issuance of building permits, the applicant shall demonstrate, to the
satisfaction of the Community Development Director, that a total of 494 dedicated
parking spaces have been provided for the project.
9. All unsecured parking spaces shall be clearly marked "Village Tenant Parking Only" or
"Village Guest Parking Only."
10. Should the project construction be phased, all perimeter landscaping on all sides of the
property shall be installed prior to the issuance of a Certificate of Occupancy for the first
building on the site.
.
Conditional Use Permit No. 02-18
Conditions of Approval
Page 3 of 4
II. Should the project construction be phased, all security gates and fences shall be installed
prior to the issuance of a Certificate of Occupancy for the first building on the site.
12. Should the project construction be phased, all build-out recreational amenities shall be
installed (including the community center) prior to the issuance of a Certificate of
Occupancy for the first building on the site.
13. Should the project construction be phased, all unbuilt areas shall be landscaped with, at a
minimum, grass and shade trees prior to the issuance of a Certificate of Occupancy for
the first building on the site. An interim landscaping plan shall be submitted to the
Community Development Director for review and approval prior to the issuance of the
first building permit on the site.
14. All parking lot and project lighting shall conform to the standards of the San Bernardino
Development Code. The project proponent shall submit a lighting plan to the Planning
Division for review and approval prior to the issuance of building permits.
15. The Management/Security Plan shall be submitted for review and approval by the
Development Services Department and Police Department, prior to issuance of a
Certificate of Occupancy.
16. A professional, non-student resident manager shall live within each project. In addition, a
resident student manager, working a minimum of 16 hours a week, shall be provided for
each floor of each building. This provision shall be included in the Management Plan.
17. Each lease shall be for a minimum of one academic year. All tenant leases shall
incorporate California State University San Bernardino's on-campus housing policies.
Short-term tenancy during the summer months may be permitted, with the approval of a
Temporary Use Permit. No month-to-month tenancy or sub-letting of individual rooms
shall be permitted. This provision shall be included in the Management Plan.
18. The following shall be included in the building plans and the Management/Security Plan
as applicable:
. Every bedroom shall be wired for computer Internet access in addition to telephone
access.
. Every bedroom shall be equipped with an individual lock for use only by the tenant.
Master keys shall be maintained for each building.
. Common laundry facilities at a ratio of one full size washer and one full size dryer per
10 units, and consistent with the Uniform Building Code shall be provided on each
floor.
.
Conditional Use Permit No. 02-18
Conditions of Approval
Page 4 of4
. Access to student housing complexes shall be limited through the use offencing or
walls with locked gates. Gates shall be equipped with either key or card access and an
intercom system for guests.
. Each building within a student housing complex shall be locked, and equipped with
either key or card access and an intercom system for guests.
19. An affiliation agreement with California State University San Bernardino in compliance
with Development Code Section 19.04.030(2)(U)(15) shall be provided prior to issuance
of any building or grading permit.
20. The conditions of approval and affiliation agreement for CUP 02-18 shall be recorded
against Assessor's Parcel Number 0266-115-15.
21. Signage is not included in this permit. Prior to the construction of any signage on the site,
the project proponent shall submit a sign permit to the Planning Division for review and
approval.
22. A minimum 50-foot building setback shall be provided from the Devil Creek Flood
Control District right-of-way.
23. A 6-foot decorative block wall shall be constructed along the Flood Control District
right-of-way adjacent to the site.
24. Prior to encroachment on Flood Control District right-of-way, a permit shall be obtained
from the District's Flood Control Operations Division, Permit Section.
25. The mitigation measures outlined in the Mitigation Monitoring and Reporting Program
are applicable.
26. This permit or approval is subject to the attached conditions or requirements of the
following City Departments or Divisions:
. Development Services Department - Plan Check Division
. Development Services Department - Public Works Division
. Public Services Department - Refuse Division
. Water Department
. Fire Department
.
^.<5.
C~lifornia Sta[~ Unin:rsit\', S.m Bernardino
5500 Unin:rsitv rJrkw~'l\:
San Bt:rnardino, CA .
92407-2397
OFFICE OF THE PRESIDENT
(909) 880-5002
fax: (909) 880-5901
c1nail: akarnig@lviley.csusb.edu
November 1, 2002
James F. Penman, Esq.
City Attorney
300 N. "b" Street, Sixth Floor
San Bernardino, CA 92418
Dear Mr. Penman:
Thanks for the opportunity to chat earlier this afternoon regarding the development of
student housing across the street from the university.
As I suggested in our conversation, the university plans to employ the proposed student
housing in perpetuity, and the additional housing will serve as an integral component of
the university's long-term plan. In fact, this housing will prove invaluable both in the
near-term and long- term to further the mission of the university.
Please let me know if you have any questions.
Thanks once again for your thoughtful assistance.
a;~
Albert K. Karni/
President
'l<---~
~~~e:~i~'~~~~=.-:"t.: It/If (J'l.
') ?
bv r V.V"~
re A!I""oa Item
0-~,b.~
City ClerklCOC Secy
City of San Bernardino
~~-# 33
/ 1/'1/ ~t2-
The CiJlifornitJ State UlIivmiry
Bakersfield' ChRnlu/Is/ands ~ Chico' Dominguez Hills. FreS1!o . Fullerton' !fayward . H"mboldt " Lon.!! Biach . Los Angeles. Mllriiilfle A.,.Jem,' }dIJnurey Bay .
Nortliriilge . PonwnIJ . $acTttmento . San &rnlJrtlino . SAn D,ego . 54n FTlJnnsco . S41n Jose . $II,. LNu Obispo' San Manos' So",," . SttInis/IJus
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C... CITY CLERK
300 North "D" Street. San Bernardino. CA 924I8.00()]
909.384.5002. Fax: 909.384.5158
www.ci.san-bernardino.ca.us
'"
November 6, 2002
Mr. Stewart Davis
American Campus-Titan
4725 S. Monaco Street, Ste. 340
Denver, CO 80237
Dear Mr. Davis:
At the Mayor and Common Council meeting held on November 4,2002, the following action was
taken relative to General Plan Amendment No. 01-06 and Development Code Amendment No.
02-04 to create a Residential Student Housing land use designation; and Conditional Use Permit
No. 02-18 to allow the construction of a student housing project at the southeast corner of
Northpark Blvd. and University Parkway:
That the hearing be closed; that the Mayor and Common Council adopt the Mitigated
Negative Declaration for General Plan Amendment No. 01-06, Development Code
Amendment No. 02-04 and Conditional Use Permit No. 02-18 and the Mitigation
Monitoring and Reporting Plan for Conditional Use Permit No. 02-18; that the Mayor and
Common Council approve General Plan Amendment No. 01-06 and Development Code
Amendment No. 02-04, based on the Findings of Fact contained in the Planning
Commission staff report; that the Mayor and Common Council approve Conditional Use
Permit No. 02-18, based on the Findings of Fact contained in the Planning Commission
staff report and subject to the amended Conditions of Approval and Standard
Requirements; that said resolution be adopted; and said ordinance be laid over for final
adoption.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely, j
(J)~-' 'f J..(,. it) (:<jI..A-h._-
~_ A'-,,_,.f....~,_._
Rachel . Clark, CMC
City Clerk
RGC:ls
cc: Development Services
CITY m' SAN BERNARDINO
ADOPTED SHARE!> VALUES: Integrity. Accountahility . Respect for Human Dignity. Honesty
.'
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 1/-4 -02- Item #
Vote: Ayes [-'} Nays ..e-
Change to motion to amend original documents: -
33
Resolution #
Abstain ..G-
2002- 3~1
Absent e-
Reso. # On Attachments: - Contract term: -
Note on Resolution of Attachment stored separately: --=
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
NullNoid After: -
By:
Date Sent to Mayor:
Date of Mayor's Signature:
1(....5-0'"'-
rl- c., --o;l
Date ofClerk/CDC Signature: 11- '1- 0 ';;).--
Reso. Log Updated: V--
Seal Impressed: V
Date ~e t for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent ou 45th day:
See Attached:
See Attached:
See Attached:
Date Returned: -
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234,655,92-389):
Yes ,/ No By_
Yes No../' By_ ~
Yes No / By_ -
Yes / /
N07BY~-
Yes No_ By_
Copies Distrihuted to:
City Attorney ,/'
Parks & Rec.
Code Compliance Dev. Services 0/' EDA
Police Public Services Water
Finance
MIS
Others:
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File:rvt(
Date: d I ~1o ::r
Revised 01/12/0 I