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HomeMy WebLinkAbout19-Development Services f^ ~ pe + R 9 e l.. C ii • r 'IY9 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: General Plan Amendment No. Dept: Development Services 00-01; Tentative Parcel Map No. 15537; Conditional Use Permit No. 00-13; Date: March 12, 2001 Variance No. 00-10; and a Determination of Public Convenience or Necessity for an Alcohol Beverage Control Type 21 off- sale general license, located at the northwest corner of University Parkway and Kendall Drive. MCC Date: April 2, 2001 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council adopt the resolution and adopt the mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; approve Tentative Parcel Map No. 15537; Conditional Use Permit No. 00-13; Variance No. 00-10; and make a determination that the public convenience or necessity is served based on the Findings of Fact subject to the Conditions of Approval (Attachments C and D as amended) in the Planning Commission Staff Report and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 21 (Off-sale general) license (for the proposed Sav-On store), located at the northwest corner of University Parkway and Kendall Drive. / James Funk COntaCt perSOn: Ana Rallanrii Phnna• 3Rd_Fnri7 Supporting data attached: tall Report Wards 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) Finance: Council Notes: Agenda Item No. i~/~~o/ -~ CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: General Plan Amendment No. 00-01; Tentative Parcel Map No. 15537; Conditional Use Permit No. 00-13; Variance No. 00-10; and a Determination of Public Convenience or Necessity for a Type 21 Off-Sale General Liquor License (for the proposed Sav-On store), located at the northwest corner of University Parkway and Kendall Drive. Mayor and Common Council Meeting of April 2, 2001 OWNER: APPLICANT: Howard Berkson David Mlynarski Berkson Realty LLC MAPCO 1341 India Street P.O. Box 5822 San Diego CA 92101 San Bernardino CA (619) 595-1900 (909) 890-9333 REQUEST A request to establish a 37,804 square foot shopping center on 26.69 acres with two fast food drive-thru restaurants pursuant to Code Section 19.06.02(D)(4). Approximately 6.66 acres will be redesignated from RL, Residential Low to CG-3, Commercial General, consistent with the remainder of the site. The parcel map will subdivide 3 lots into 4 lots with a remainder lot. The variance is to reduce the number of required parking spaces and landscape requirements under authority of Code Sections 19.72.030(1) and (3). The Conditional Use Permit is intended to address the fast food drive-thru restaurants, and the Hillside Management Overlay District. The proposed project is located at the northwest corner of Kendall Drive and University Parkway. A detailed analysis of the project is contained in the Planning Commission Staff report (Exhibit 1). BACKGROUND At its meeting of March 6, 2001, the Planning Commission discussed the project and considered the applicant's request for a median cut and a left turn lane on University Parkway approximately 360 feet north of Kendall Drive. The Planning Commission recommended that a median cut be constructed to allow "left in only" and "right out only" turning movements. If feasible, provide two "left in only" lanes into the shopping center from University Parkway. The median cut and left turn lanes are discussed in the Planning Commission Staff Report (Exhibit 1) and attachment F of that report. The discussion pertaining to the University Parkway median cut focussed on two issues; aesthetics (the loss of portions of the existing open space landscaped median), and safety, congestion and the smooth flow of traffic. The landscaped median on University Parkway was designed to enhance the entrance to CSUSB by creating a visual gateway of landscaped open space. The Planning Division did not support the median break because it will eliminate a large portion of that landscaped open space and reduce the character and design created to compliment CSUSB. The City of San Bernardino Police Department and California State University oppose the left turn median cut for health and safety reasons. The Engineering Division opposed the placement and design of the originally proposed left tum median break on University Parkway for reasons of public health and safety. Their concems were related to the distance of travel across three lanes of traffic and the speed of oncoming traffic. There was also a concern with the excess stacking delaying traffic on University Parkway. In the event the Planning Commission would approve the left turn median cut, Staff offered six conditions of approval to make the median cut relatively more safe. These conditions are identified in Attachment F. California State University (CSUSB) submitted letters and gave testimony regarding their concerns related to the median cut and the left turn lanes, and alcohol sales from the proposed drug store. The Planning Commission discussed the issues raised by CSUSB at the meeting. The Planning Commission recommended that the Mayor and Common Council adopt the Mitigated Negative Declaration, and the Mitigation Monitoring/Reporting Program; adopt General Plan Amendment No. 00-01, approve Tentative Parcel Map No. 15537, approve Conditional Use Permit No. 00-13 (including the median cut on University Parkway with the above referenced six conditions), approve Variance No. 00-10 based upon the Findings of Fact as contained in the Staff Report and subject to the Conditions of Approval (Attachment C and D as amended) and Standard Requirements (Attachment E). Commissioners Coute, Durr, Enciso Garcia, Lockett, Ramirez, and Thrasher voted in favor of the motion. Commissioners Derry, Sauerbrun and Welch were absent. FINANCIAL The applicant submitted an application and the applicable processing fee. RECOMMENDATION Staff recommends that the Mayor and Common Council adopt/approve the following: 1. Adopt the Mitigated Negative Declaration, and the Mitigation Monitoring/Reporting Program; 2. Adopt General Plan Amendment No. 00-01 based upon the Findings of Fact contained in the Planning Commission Staff Report; 3. Approve Conditional Use Permit No. 00-13 (excluding the median cut on University Parkway) based on the Findings of Fact subject to the Conditions of Approval (Attachments C, and D as amended) in the Planning Commission Staff Report and determine that the public convenience or necessity is served and direct the Planning Division to prepare a letter for the Department of Alcoholic Beverage Control for a Type 21 off-sale general liquor license for the proposed Sav-On drug store; 4. Approve Tentative Parcel Map No. 15537 based upon the Findings of Fact contained in the Planning Commission Staff Report and subject to the Conditions of Approval (Attachment D) and Standard Requirements (Attachment E); 5. Approve Variance No. 00-10 based upon the Findings of Fact contained in the Planning Commission Staff Report. EXHIBITS 1. Planning Commission Staff Report 2. Letters/information received concerning the project 3. Resolution EXHIBIT 1 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: General Plan Amendment No. 00-01; Tentative Parcel Map No. 15537; Conditional Use Permit No. 00-13; and Variance No. 00-10 AGENDA ITEM: 5 HEARING DATE: March 6, 2001 WARD: 5 OWNER: APPLICANT: Howard Berkson David Mlynarski Berkson Realty LLC MAPCO 1341 India Street P.O. Box 5822 San Diego CA 92101 San Bernazdino CA (619)595-1900 (909)890-9333 REQUEST/LOCATION: A request to establish a 37,804 square foot shopping center on 26.69 acres with two fast food drive-thru restaurants pursuant to Code Section 19.06.02(D)(4). Approximately 6.66 acres will be redesignated from RL, Residential Low to CG-3, Commercial General, consistent with the remainder of the site. The pazcel map will subdivide 3 lots into 41ots with a remainder lot. The variance is to reduce the number of required pazking spaces and landscape requirements under authority of Code Sections 19.72.030(1) and (3). The project is located in the Hillside Management Overlay District at the northwest corner of Kendall Drive and University Pazkway. CONSTRAINTS/OVERLAYS: Fire Hazard Zone C/High Wind/Water Erosion/Landslide SusceptibilityBiological Resources Overlay/Archaeological Resources ENVIRONMENTAL FINDINGS: ¦ Potential Effects, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program STAFF RECOMMENDATION: ¦ Approval ¦ Conditions • Conditional Use Permit No. 00-13; G feral Plan Amendment No. 00-01; Tentative Parcel Map No. 15537; and Variance No. 00-10 Meeting Date: March 6, 2001 Page 2 PROJECT DESCRIPTION The applicant requests approval of two fast food restaurants (with drive-thrus) each 3,200 square feet, one restaurant at 4,176 squaze feet an in-line food court totaling 11,977 square feet, and a drugstore at 15,251 square feet including an Alcohol Beverage Control Type 21 off-sale general license under the authority of Development Code § 19.06.030 (2)(B), for a total squaze footage of 37,804 through the following land use entitlements: ¦ A General Plan Amendment under the authority of Development Code § 19.50.040 to change approximately 6.66 acres of a 26.69 acre site from RL, Residential Low, to CG-3, General Commercial -University Village. ¦ A Tentative Pazcel Map under the authority of Development Code Section 19.66.080 to subdivide three existing pazcels into 4 lots, totaling 6.05 acres with a remainder lot of approximately 20.64 acres. ¦ A Conditional Use Permit under the authority of Development Code § 19.06.030 (2)(I), for fast food restaurants with drive-thrus, and to address conditions related to the site location within the Hillside Management Overlay District under the authority of Development Code § 19.17.050. Since these items require a Conditional Use Permit the entire shopping center is included. ¦ A Variance under the authority of Development Code § 19.72.030 (E) to reduce parking and landscape setback requirements. The applicant is also requesting a median break on University Parkway approximately 360 feet north of the intersection of University Pazkway and Kendall Drive. A detalied discussion of the median break is in Conditional Use Pemut Finding of Fact No. 5. Pazking required on-site for the proposed uses is 287 spaces, and 294 total spaces will be provided, many of which will be located within the Edison easement that traverses the site. Access to the site will be provided by one driveway onto University Pazkway, and two proposed driveways onto Kendall Drive. The project site is located at the northwest corner of University Parkway and Kendall Drive in the CG-3, Commercial Genera] and RL, Residential Low land use districts. SETTING/SITE CHARACTERISTICS The site is situated at the base of a steep hill. The area proposed for development has an existing slope of 5 to 9 percent and is accessible from Kendall Drive and University Pazkway. The hillside azea north of the site is somewhat undisturbed, however, there is evidence of off-road use, "hillside graffiti" (the use of rocks to form words and letters), and trash. The lower level of the site appears to have regular disking for weed control. The surrounding land uses include: an existing single-family residential neighborhood, in the RS, Residential Suburban land use district on the south side of Kendall drive; an existing apartment • Conditional Use Permit No. 00-/3; Gr'Dleral Plan Amendment No. 00-01; Tentative Parcel Map No. /5537; and Variance No. 00-/0 Meeting Date: March 6, 200! Page 3 development in the RM, Residential Medium land use district east of University Pazkway; and a small commercial center featuring an El Pollo Loco Restaurant, an Econo Lube-N-Tune, along with other in-line shops, in the CG-1, Commercial General land use district at the southeast corner of University Parkway and Kendall Drive. The main entrance to the California State University, San Bernardino (CSUSB) is located to the north on University Pazkway. BACKGROUND The Development/Enviromnental Review Committee (DBRC) conducted a preliminary review of the project on September 28, 2000. The D/ERC recommended revisions to the project and the preparation of an Initial Study. The DBRC reviewed the revisions to the project and the Initial Study on January 18, 2001. The Initial Study for a proposed Mitigated Negative Declazation was circulated fora 20-day public review period, beginning on January 24, 2001 and ending on February 14, 2001. Two comments were received regarding the project description and the Initial Study. The comments were received from: ¦ California State University San Bernazdino, David DeMauro, VP/Administration & Finance ¦ City of San Bemardino Police Department, Lt. Roger Poyzer Based on the comments received, no revisions to the Initial Study were required. Both the University and the Police Department declared their opposition to the proposed median island opening in University Parkway at the project entry. In addition, the University expressed opposition to allowing off-sale of alcoholic beverages. Instead, the University suggested that all alcohol sales be on-sale (on site consumption) associated with restaurant and food service. The Initial Study examined the technical aspects of the median island opening on University Parkway at the project site entrance. No further CEQA analysis was necessary to address the concerns raised by the commentary related to the Initial Study. The revised project plans and the Initial Study, were reviewed by the DBRC on February 15, 2001. The DBRC cleared the project to the Planning Commission. The proposed conditions of approval and Mitigation Monitoring and Reporting Prograzn reflect the comments and recommendations of the D/ERC. FINDINGS AND ANALYSIS GENERAL PLAN AMENDMENT 1. Is the proposed amendment internally consistent with the General Plan? Yes, the proposed amendment is internally consistent with the General Plan. General Plan Objective 1.23 states that it shall be the objective of the City of San Bernardino to: • Conditional Use Permit No. 00-13; ~ral Plan Amendment No. 00-01; Tentative Parcel Map No. !5537; and Variance No. 00-10 Meeting Date: March 6, 200/ Page 4 "Develop properties adjacent to California State University at San Bernazdino along North Park Boulevazd, Kendall Drive, and State University Pazkway for commercial and personal services uses to meet the needs of students, faculty, and visitors." The 6.66-acre land use amendment is adjacent to and contiguous with an existing pazcel designated CG-3. The proposed land use amendment will be compatible with the pattern of land uses established in the immediately surrounding azea. 2. Is the proposed amendment detrimental to the public interest, health, safety, convenience, or welfare of the City? No, the proposed land use amendment does not cause changes that would be a detriment to the public interest, health, safety, convenience, or welfaze of the City. The land use amendment from RL to CG-3 for 6.66 acres will allow the subsequent development of a mixed use retail and restaurant project that would provide the added convenience of goods and services in the developing University Pazkway corridor. 3. Would the proposed amendment maintain the appropriate balance of land uses within the City. Yes, The proposed land use amendment affects 6.66 acres of land which is currently designated 12I,. The proposed land use designation is CG-3. The proposed land use amendment maintains an appropriate balance of land uses and in the University Parkway corridor by providing convenient goods and services to residents in the immediate azea, to add to the services available to the University students. 4. In the case of an amendment to the General Plan Land Use Map, is the site physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and physical constraints) for the requested land use designation and the anticipated land use development? Yes, the proposed land use amendment for 6.66 acres from RL to CG-3 is physically suited to the site, including direct access to University Parkway and Kendall Drive, which are major thoroughfazes both to the University and for residents and businesses in the University Village area. Land uses in the immediate area complement the proposed land use amendment, resulting in an appropriate combination of both single- and multi-family residential opportunities, and similaz small commercial sites that provided the necessazy daily goods and services required by the adjacent residents and the University Students. • Conditional Use Permit No. 00-13; ~ral Plan Amendment No. 00-01; Tentative Parcel Map No. /5537; and Variance No. 00-10 Meeting Date: March 6, 100! Page 5 CONDITIONAL USE PERMIT 1. Is the proposed use conditionally permitted within, and would not impair the integrity and character of the subject land use district, and does it comply with all of the applicable provisions of this Development Code? Yes, a Conditional Use Permit is required to address the following aspects of the project design: fast food restaurants with drive-thru's, and the design and grading requirements of the Hillside Management Overlay District. Pursuant to Development Code Section 19.06.030 (2)(I), restaurants with drive-thnxs aze permitted in the CG-3 General Commercial land use district subject to approval of a Conditional Use Permit. Establishment 15,000 squaze feet or more, which do not sell alcoholic beverages as their principal business aze exempt from the requirements for a Conditional Use Permits Development Code Section 19.06.030 (2)(B)(3). The proposed drug store is lazger than 15,000 squaze feet and does not require a conditional use permit to sell alcohol; however, all aspect of the development are being reviewed through the Conditional Use Permit. The proposed uses comply with all applicable provisions of the Development Code and General Plan as shown in Table A below: TABLE A -Development Code/General Plan Conformance CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN CODE Multi-tenant shopping Permitted subject to Permitted Use centers with drive-thru Conditional Use Permit N/A restaurants 32 foot maximum parapet Height' wall height 2 story 2-story 38 feet maximum tower 30-feet 30-feet hei ht Setbacks' - Front 45 feet 15 feet N/A - Side/Rear 20 feet 10 feet N/A Landscaping' 18% 15% ofthe surface parking N/A area Lot Coverage 14.7% 50% N/A Parking - Standazd 294 spaces 287 spaces N/A - Handicap 9 spaces 5 spaces 1. Selected architectural elements exceed the maximum building height limit in order to provide the appropriate architectural accent as viewed from the street frontage. 2 & 3. See the discussion in the Variance Findings • Conditional Use Permit No. 00-13; V~ral Plan Amendment No. 00-O1; Tentative Parcel Map No. 15537; and Variance No. 00-/0 Meeting Date. March 6, 200! Page 6 2. Is the proposed use consistent with the General Plan? Yes, the project site is located partially located within the Hillside Management Overlay District as defined by the General Plan. The Conditional Use Permit addresses measures to reduce the impact of grading the natural slope. General Plan Design and Development Guideline 1.14.35 states: "Locate building pads and develop the proposed site and its roadways with minimized grading and reduce magnitudes of cut and fill slopes by utilizing contoured grading." The project site is located within the following Environmental Resource/Hazazd overlay Zones: Area of concern for Archaeological Resources (Figure 8); Biological Resources Overlay (figure 41); Potential slope failure or landslide susceptibility (Figure 52); High potential for Water Erosion (Figure 53); High Wind Area (Figure 59), and Fire Hazard Zone C/City High Fire Hazard Area (Figure 61). To address the goals and objectives of the General Plan, special site investigations have been prepared to identify constraints along with recommended modifications or mitigation measures for the following: Archaeological Assessment; Biological Resources Survey, Preliminary Geotechnical Investigation, and Landslide Evaluation; and Fuel Modification Plan. The results of each evaluation have led to modifications to the site plan or mitigation measures, in order to insure consistency with the General Plan. 3. Is the approval of the Conditional Use Permit for the proposed use in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Developmem Code? Yes, an Initial study was prepared, public comments were received and a Mitigated Negative Declazation is proposed for this project. Mitigation measures have been included to mitigate impacts in the following azeas: Earth Resources -Slope Grading measures (Measures ER-1 through ER-4); Excavation, footing and foundation measures (ER-5 and ER-6); Soils/Geotechnical Investigation measures (ER-7); Erosion Control measures (ER-8); and Slope deflection wall protection measure (ER-9). Water - A site specific Drainage Study to determine specific facilities necessary to mitigate drainage impacts (Measure W-1). Air Ouality -Implementation of SCAQMD Rule 403 and standazd construction practices during all operations capable of generating fugitive dust will include but not be limited to the use of best available control measures and reasonably available control measures (AQ- 1). • Conditional Use Permit No. 00-13; ~ral Plan Amendment No. 00-O1; Tentative Parcel Map No. /5537; and Variance No. 00-l0 Meeting Date: March 6, 2001 Page 7 Transgortation/Circulation -Fair-share contribution towazds traffic signal at Kendall Drive and Cambridge Street (TRA-1 and TRA-2), provide right-turn lanes at project entry on University Pazkway (TRA-3). Biological Resources - Revegetate graded slopes with native species (BIO-1); and obtain Tree Removal Permit (BIO-2). Noise -Regulate hours of construction to minimize noise impacts on adjacent neighborhood (NOI 1). All specific mitigation measures are listed in Attachment F, Mitigation Monitoring and Reporting Program. 4. Are there potentially significant negative impacts upon environmemal quality and natural resources that could not be properly mitigated and monitored? No, all impacts can be mitigated, and a Mitigated Negative Declaration is proposed for this project. All potential negative impacts are addressed with mitigation measures as specified in Attachment F, which will reduce those impacts to less than significant levels. 5. Are the location, size, design, and operating characteristics of the proposed use ~ compatible with the existing and future land uses within the general area in '~ which the proposed use is to be located and will it create significant noise, trajjrzc or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City? Yes, the applicant proposes to construct amulti-tenant commercial center comprised of eating/drinking establishments (some with drive-thrn capability) and a drugstore. The proposed project is compatible with uses in the surrounding area, and consistent with the Development Code and General Plan as is reflected in Table A -Development Code/General Plan Conformance. The project will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience or welfare of the City that cannot be adequately mitigated. All mitigation measures recommend in the Initial Study aze included in the Mitigation Monitoring and Reporting Program. The applicant has proposed a median break on University Parkway, approximately 360 feet northeast of the intersection of University Pazkway and Kendall Drive. The landscaped median on University Pazkway was designed to enhance the entrance to CSUSB by creating a visual gateway of landscaped open space. The Planning Division • Conditional Use Permit No. 00-/3; , eral Plan Amendment No. 00-0/; Tentative Parce[ Map No. 15537; and Variance No. 00-10 Meeting Date: March 6, 200/ Page 8 does not support the median break because it will eliminate a lazge portion of that landscaped open space and reduce the chazacter and design created to compliment CSUSB. The City of San Bernazdino Police Department and California State University oppose the left turn median cut for health and safety reasons (Attachment H). The Engineering Division is also opposed to the left turn median break on University Pazkway for reasons of public health and safety. Their concerns are related to the distance of travel across three lanes of traffic and the speed of oncoming traffic. There is also a concern with the excess stacking delaying traffic on University Parkway (Attachment F). If the conditions identified in Attachment F are incorporated into the project, the Engineering Division would find the "left turn in only" and "right turn out only" median cut acceptable in terms of safety, but would still have concerns regarding traffic capacity reductions and overall impacts on congestion. 6. Is the subject site 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 Standazds as noted above in Table A and as described in Setting and Site Chazacteristics. The proposed project is also consistent with the Hillside Management Overlay District policies in that the development is clustered on the flat azea of the site. The proposed grading required to accommodate the project has been minimized and the hillside will be contoured consistent with General Plan policies. 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? Yes, all agencies responsible for reviewing access, and providing water, sanitation and other public services have all had the opportunity to review the proposal, and none have indicated an inability to serve the 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. TENTATIVE PARCEL MAP 1. Is the proposed map consistent with the General Plan? Yes, the proposed map is consistent with the General Plan and Development Code as shown in Table A. General Plan Objective 1.19 states that it is the objective of the City to: • Conditional Use Permit No. 00-13; (ir~ral Plan Amendment No. 00-01; Tentative Parcel Map No. 15537; and Variance No. 00-l0 Meeting Date: March 6, 2001 Page 9 "provide for the continued development of commercial uses along major transportation comdors and intersections to serve the needs of the existing and future residents". Development Code § 19.06.030 (Table 06.02) allows for a minimum lot size of 10,000 square feet in the CG-3, Commercial General land use district. The Tentative Parcel Map proposes to subdivide portions of three existing pazcels into 41ots totaling 6.05 acres, and a 20.64 acre remainder pazcel. All pazcels created by the subdivision exceed the 10,000 square foot minimum gross lot area. The proposed subdivision will have two different standard routes of access, via University Pazkway and Kendall Drive. All lots created by the pazcel map front on dedicated streets. A traffic study was completed for the proposed project. The City Traffic Engineer reviewed the traffic study and proposed conditions to mitigate any impacts created by the project. The mitigation aze incorporated into the Standard Requirements and the Mitigation Monitoring and Reporting program. 2. Is the design of the proposed subdivision consistent with the General Plan? Yes, the proposed design and improvements are consistent with General Plan Goal 1G (a) and (g) in that the proposed map will expand and enhance the existing and future commercial development. The development of the site with commercial uses will be compatible with the commercial development in the surrounding area. 3. Is the site physically suitable for the type and density/intensity of development proposed? Yes, the site is physically suitable for commercial development as discussed in the Conditional Use Permit Findings. I 4. Is the design of the subdivision or type ofproposed improvements likely to cause serious public health problems? No, the design of the subdivision and the proposed improvements aze not likely to cause public health problems. Short-term, construction related noise impacts to the adjacent neighborhood will be limited by regulating hours of construction activity. Completion of construction of the proposed project, will not create significant traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience or welfare of the City that cannot be adequately mitigated. All mitigation measures as recommend in the Initial Study aze included in the Mitigation Monitoring and Reporting Program. • Conditional Use Permit No. 00-/3; Giifleral Plan Amendment No. 00-0/; Tentative Parce! Map No. 15537; and Variance No. 00-10 Meeting Date: March 6, 2001 Page ! 0 5. Will the design of the subdivision or proposed improvements cause a substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat? No, an Initial study was prepazed to assess environmental impacts of the proposed project, and a Mitigated Negative Declaration is proposed for this project. Mitigation measures have been included to mitigate impacts as was discussed in Conditional Use Permit Finding No. 3. 6. Will the design of the subdivision or type of proposed improvements conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision? No, the Tentative Pazcel Map is traversed by pipeline and electrical transmission line easements, the most significant of which is in favor of Southern California Edison (SCE) for electrical towers and appurtenances. Two easements for pipelines run pazallel to Kendall Drive (12-feet and 25-feet in width); and the SCE easements (a total of 150 feet in width) traverse the site in the northeasterly direction. All easements are identified on the Tentative Pazcel Map and the Site Plan of proposed development. The easements present constraints to the site plan related to building placement, which has been respected on the Site Plan. The proposed development plan acknowledges location of all easements through proper building and parking area placement. VARIANCE 1. Are there special circumstances applicable to the property that deprives this property of privileges enjoyed by other property in the vicinity an under identical land use district classifecations? A Variance has been requested to reduce parking and landscape setback requirements. Pazking required on-site for the proposed uses is 287 spaces and 294 total spaces will be provided, 70 of which are located within the Southem California Edison (SCE) easement that traverses the site. The SCE easement, 150-feet in width traverses the site in a northwesterly direction. The easement restricts building placement within approximately 1.15 acres of the 6.05-acre buildable area (approximately 19% of the site). This restricted ~ use area can be used for parking and landscaping; however, Southern Califomia Edison reserves the rights to it. The increasingly steep natural slopes along the northerly portion of the site also restrict the development opportunity of the site. The proposed project is limited to developing the lower portion of the site, vazying in width from approximately 150 to 250 feet from I University Parkway or Kendall Drive. ', Conditional Use Permit No. 00-13; G~ral Plan Amendment No. 00-01; Tentative Parcel Map No. 15537; and Variance No. 00-10 Meeting Date: March 6, 200/ Page 11 The Development Code requires 15-foot landscape setbacks on street frontages in the CG-3 land use district. The applicant proposes to reduce the landscape setback to 10 feet on Kendall Drive. However Staff recommends that the landscape setback can be increased by 2 feet with 17-foot parking spaces having a 2 foot of overhang. This will increase the landscaping along Kendall Drive. The unique constraints on this site restrict the development of the site to a greater degree than other properties of similar designation in the vicinity. The request for a variance to reduce the pazking on the project site, and provide pazking within the SCE easement; along with reducing the required landscape setback from 15-feet, to 10-feet along Kendall Drive is justified, due to the constrained development azea. 2. Is the granting of the Variance necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Variance is sought? Yes, the strict interpretation of the Development Code would result in severely limiting the development potential of this site, due to the presence of the Southern California Edison (SCE) easement traversing the site, and the steep terrain in the northem portion of the parcel. The variance to reduce the amount of parking on the site, and include pazking within the SCE easement, and reducing the landscape setback along the streetscape is requested due to the unique nature of the site, thereby allowing development of a nature typically allowed on parcels in the CG-31and use district. 3. Will granting of the Variance be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and in the land use ~ district in which the property is located? ~'i No, granting of the Variance related to reducing the number of pazking spaces on the site and allowing pazking within the SCE easement, along with reducing the landscape setback along the streetscape, will not materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and in the CG-3 land use district, or in the neighboring residential land use districts. 4. Will the granting of the Variance constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which the property is located? Yes, the strict interpretation of the Development Code would result in severely limiting the development potential of this site, due to the presence of the Southern California Edison (SCE) easement traversing the site, and the steep terrain in the northern portion of the parcel. The variance to reduce the amount of pazking on the site, and include parking within the SCE easement, and reducing the landscape setback along the streetscape is • Conditional Use Permit No. 00-13; G~fleral Plan Amendment No. 00-01; Tentative Parcel Map No. 15537; and Variance No. 00-10 Meeting Date: March 6, 2001 Page 12 f a nature requested due to the unique nature of the site, thereby allowing development o typically allowed on parcel in the CG-3 land use district. 5. Does the granting of the Variance allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel? No, granting of the requested variance will not allow any use or activity that is not expressly permitted within the CG-3 land designation as identified on Table 16.01 of the Development Code, and as addressed in conditions of approval for the Conditional Use Permit. 6. Will granting of the Variance be inconsistent with the General Plan? No, the granting of the variance will not cause the project to be inconsistent with the General Plan. The CG-3 Land Use designation has been established by the General Plan for those commercial areas near the California State University (Objective 1.23). The proposed project maintains an appropriate balance of land uses and in the University Parkway corridor by providing convenient goods and services to residents in the immediate area an to add to the services available to the University students. The granting of the variance will cause the project to be inconsistent with the stated goals. CONCLUSION The proposal meets all necessary Findings of Fact for approval of General Plan Amendment No. 00-01; Conditional Use Permit No. 00-13; Tentative Pazcel Map No. 15537; and Variance No. 00-10. Conditional Use Permit No. 00-13; Gi'fleral Plan Amendment No. 00-01; Tentative Parcel Map No. 15537; and Variance No. 00-]0 Meeting Date: March 6, 2001 Page 13 RECOMMENDATION Staff recommends the Planning Commission: 1. Recommend that the Mayor and Common Council adopt the Mitigated Negative Declazation, and the Mitigation Monitoring/Reporting Program; 2. Recommend that the Mayor and Common Council adopt General Plan Amendment No. 00-O1 based upon the Findings of Fact contained in this Staff Report; 3. Recommend that the Mayor and Common Council approve Conditional Use Permit No. 00-13, except for the median cut on University Parkway, based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment E); 4. Recommend that the Mayor and Common Council approve Tentative Parcel Map No. 15537 based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval (Attachment D) and Standazd Requirements (Attachment E); 5. Recommend that the Mayor and Common Council approve Variance No. 00-10 based upon the Findings of Fact contained in this Staff Report. Respectfully Submitted, 0 James Funk Director of Development~Service~s~ landi Associate Planner Attachment A Location Map Attachment B Site Plan, Elevations, Landscape Plans Attachment C Conditions of Approval -Conditional Use Pennit Attachment D Conditions of Approval -Tentative Pazcel Map Attachment E Standazd Requirements Attachment F Engineering Division memorandum related to the median cut Attachment G Initial Study, Mitigation Monitoring and Reporting Plan Attachment H Letters received regarding the project ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: GPA No. 00-01; PLANNING DIVISION TPM No. 15537; CUP No. 00-13; LOCATION MAP VAR No. 00-10 LAND USE DISTRICTS HEARING DATE: 03/06/01 NORTH ~' L ~I ~ 1 // Ni ~ I ~Fti ~-~ ~ ~ ~ V~f A~~. ~ad / ~f~ CNLIFONNIA STATE ` •e /,~ ~ u c ' O UNIVtRS7TY -- o r~ ~' 1 i tw~c ` 3'1 A=w ~( C ' v~ ' i Y ~ V e r ` v !.l ' t r ' ` ~ o ~ ~ ~ ® \ r r ; ; r '~~ ~ ` A / Ava 1 . , -~ I ~ `"r• a ~ .rc M; F~,yrp ~ 9l i~ J a i ~ 1' ~ ~ ~r !/ ` ~ ~~P ~ 1 v _ ~ ~ ~ i •r ` i ~ ~ ~/ MRR-01-01 01:37 PM MAPCO 909 890 9333 P. 02 ATTACHMENT B ~ ~ ~"'.. IWI' IM +~M ' rllhl YRI.I III I. iilrrrtN.,. •.Yi/" g~rl.Il114IIa^Iwyl~lYanryll i J 1' ~'I . ~ ~ ~ i ''i ~ t ` f;~ JIJi,II Vi ' ~ 4 ' \ ~ \ i ivy`` ( a'C ~ vi r 1 ~ ^ ~f \ V I i 1 1; I i ` 1 ~ \ ' I II~11 vl - 1'I~~~..~rF ~\~f1. r~ vlr ,`v,^ ` -. e ~ t 1 ~f I, 1 ' I .~'~xr ' ~ -~ \ ~ alt ,~'~` alb , ~ ~ I /~g•, . ~I : \ I 1./, ~ - r~' ~~;V%~)) W 1 I 11'1'\'\w 1 11, ,,' S ~ r' v' v J; v~~Y.r S /~\ r \ ~1 `"g.: .1 1 111\r ~ ~ ~ ~l,1~ ~ if ~ ' 1 If ~ +I 1r li; ~ I~% w~'r/c'. 1' %/~ l~ li ~~~r ~ ~ ~ .~~~f ~ I ief JSi ~/ n /' r" I a I G; / 1 ~11 ~f I•. y~.. ~ ~•A `~IJJ Ji,/l ~~,~r ~I~i Iiiy 1. ~ / In.l ~/ / /, I r. '. ! I r , ~ / ; ' i ~' ~ fly '.I~~i /,/ / 1 I g / Iy ! 1.',.1 v ~ r f ~ / g ~ 1'1r ( 1\. 11 esq. Ian ~ ~ / ~ (g .ag 1 ~I,i1111 I Yr J / 1 ~ ' ! 1 ia~ ,i' 1 r / // / ~ ~ a~'17~ ~' I Aa ~i~l~ ~ / , / , r : I I Y / I 4~ / / A I lag I! i, / tel:/ .rl~t a' //p ~ ~ tIllt'!I' w i r; t `~I ~ i . - .~~,~~'I•''i":/ 1;1 '//: 1,!/./~l fin, !!1~ ~ 11 • Conditional Use Permit No. 00-13; G~ral Plan Amendment No. 00-01; Tentative Parce[Map No. 15537; and Variance No. 00-10 Meefing Date: March 6, 2001 Page 16 ATTACHMENT C CONDITIONS OF APPROVAL for General Plan Amendment No. 00-01 Conditional Use Permit No. 00-13 Variance No. 00-10 1. Within two years of development approval, commencement of construction shall have occurred or the pennit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one yeaz, then the permit/approval shall become null and void. Phasing of project construction/development shall be as follows: Expiration Date: Two years following the Mayor and Common Council Decision 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant aone-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 or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, the Economic Development Agency, their affiliates officers, agents and employees from any claim, action or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City and the Economic Development Agency of any costs and attorneys' 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 condition. 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; • Conditional Use Permit No. 00-13; C~ral Plan Amendment No. 00-01; Tentative Parcel Map No. 15537; and Variance No. 00-l0 Meeting Date: March 6, 200/ Page l7 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 of land 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 Department of Public Works prior to the issuance of the Certificate, if necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standazds 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; glaze control; exterior lighting design and control; noise control; odor control; screening; signs, off-street pazking 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 azchitecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 7. The applicant is required to comply with all of the mitigation measures identified in the Mitigation Monitoring and Reporting Program. 8. All buildings shall be beige or white with orange the roofs consistent with the approved plans. 9. The applicant shall increase the landscape setback along Kendall drive to 12 feet to allow for two feet of vehicle overhand and reduce the pazking stall length to 17 feet along Kendall Drive. 10. The applicant shall be responsible for posting of signs prohibiting litter and loitering with management enforcing this and maintaining the area free of litter and graffiti. 11. Exterior lighting shall be sufficiently and properly maintained to illuminate all azeas of the exterior of the building and property for easy detection of suspicious and criminal activity. • Conditional Use Permit No. 00-13; G~ral Plan Amendment No. 00-01; Tentative Parcel Map No. 15537; and Variance No. 00-10 Meeting Date: March 6, 2001 Page 18 12. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 13. The applicant shall be responsible for posting of signs prohibiting drinking on the premises as stated in San Bernardino Municipal Code chapter 9.32, Section 9.32.020. 14. Deleted by the Planning Commission on 3/6/01 15. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers is prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. 16. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by single containers, but must be sold in manufacturer pre-packaged multi-unit quantities. 17. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are cleaxly visible to the exterior shall constitute a violation of this condition. *18. The sale of alcohol is limited to the hours of w ~ w,..._,....w:,.~..._,. ~.nn i n.nn 6:00 am to 12:OOam. 19. All pay phones shall be out calling only, with no incoming calls allowed 20 CSUSB currently uses the name "University Commons". The applicant would be required to use different center name. 21. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Public Works Division b. Plan Check Division c. Fire Department d. Public Services Department e. Parks Recreation & Community Services Department * Amended by the Planning Commission 3/6/01 • Conditional Use Permit No. 00-13; G~ral Plan Amendment No. 00-01; ' Tentative Parcel Map No. /5537; and Variance No. 00-10 Meeting Date: March 6, 2001 Page 19 ATTACHMENT D CONDITIONS OF APPROVAL Tentative Parcel Map 15537 1. Within two years of map approval, recordation of the map shall have occurred or the approval shall become null and void. Phasing of project constrnction/development shall be as follows: Expiration Date: Two Years following the Mayor and Common Council Decision 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant aone-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 or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, the Economic Development Agency, their affiliates officers, agents and employees from any claim, action or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City and the Economic Development Agency of any costs and attorneys' fees which the City or the Economic Development Agency maybe 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. 4. The Final Map 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 pazking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of azchitectural 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. • Conditional Use Permit No. 00-13; C~ral Plan Amendment No. 00-01; Tentative Parcel Map No. 15537; and Variance No. 00-/0 Meeting Date: March 6, 2001 Page 20 5. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land 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 Depaztment of Public Works prior to the issuance of the Certificate, if necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standazds 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 Standazds, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glaze 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 aze 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 azchitecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 7. This permit or approval is subject to the attached conditions or requirements of the following City Depaztments or Divisions: a. Public Works Division b. Plan Check Division c. Fire Depaztment d. Public Services Deparhnent e. Pazks Recreation & Community Services Department ATTACHMENT E ~ANDARD REQUIREMENT DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots APPLICANT: MAPCO LOCATION: n.w Corner of University Parkway/Kendall Drive ? NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is responsible for submitting the Engineering plans directly to the Engineering Division. They may be submitted prior to submittal of Building Plans. 1. Drainage and Flood Control a) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. b) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. c) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. d) Applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 5 acres of more of land. e) The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. lofll 02/23/01 ~ - ~ANDARD REQUIREMENT DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots APPLICANT: MAPCO LOCATION: n.w Corner of University ParkwaylKendall Drive 2. Grading and Landsca i~nq a) If more than 1' of fill or 2' of cut is proposed, the site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Development Services- Planning Division prior to issuance of any grading or site development permits. c) If more than 5,000 cubic yards of earthwork is proposed, a grading bond will be required and the grading shall be supervised in accordance with Section 7012(c) of the Uniform Building Code. d) If more than 1,000 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. e) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). f) A refuse enclosure constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. 2of11 02/23/01 ~ANDARD REQUIREMENT DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots APPLICANT: MAPCO LOCATION: n.w Corner of University ParkwaylKendall Drive g) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the On-site Improvement Plan. This work shall be part of the On-site Improvement permit issued by the City Engineer. h) This project is located in the "High Wind Area". Therefore, all free standing walls and fences shall be designed for a minimum wind load of 23 pounds per square foot of vertical surface, unless a lower value is approved by the City Engineer. i) The Drive-through lane and the parking area adjacent to the building shall be constructed of PCC concrete pavement. j) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design, conduit location and size, and the number and size of conductors. Photometry calculations shall be provided which show that the proposed on-site lighting design will provide 1foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation and 0.25 foot-candles security lighting during all other hours. k) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to handicap parking and accessibility, including retrofitting of existing building access points for handicap accessibility, if applicable. I) A handicap accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6 feet. m) Where the handicap accessible path of travel crosses drive aisles, it shall be delineated by striping or textured/colored concrete pavement. ', 3of11 02/23/01 ~ANDARD REQUIREMENT DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots APPLICANT: MAPCO LOCATION: n.w Corner of University ParkwaylKendall Drive n) A reciprocal easement shall be recorded prior to grading plan approval if reciprocal drainage, access, sewer, and/or parking is proposed to cross lot lines. o) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. p) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. q) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The Real Property Section for execution by the property owner and shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount of 20 shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. 3. ilitie a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). 4of11 02/23/01 ~ANDARD REQUIREMENT DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots APPLICANT: MAPCO LOCATION: n.w Corner of University Parkway/Kendal) Drive b) Each parcel shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. c) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) Sewer main extensions required to serve the site shall be constructed at II the Developer's expense. e) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. f) Utility services shall be placed underground and easements provided as required. g) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets where the street is not being repaved as part of the required improvements. h) All existing overhead utilities adjacent to or traversing the site on either side of the street shall be undergrounded in accordance with Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions) of the Development Code. i) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non- subdivisions) or Section 19.30.110 (subdivisions). Sofll 02/23/01 ~ANDARD REQUIREMENT DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots APPLICANT: MAPCO LOCATION: n.w Corner of University Parkway/Kendal) Drive j) As an alternative to undergrounding required by Section 19.20.030 (non- subdivision) or Section 19.30.110 (subdivisions).of the Development Code, the developer will provide a letter of agreement for participation in an assessment district, if one is formed, to fulfill the requirement for undergrounding utilities. Prior to recordation of a map or issuance of building permit subdivider/developer shall have the letter of agreement recorded with the deed. k) Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On-Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 4. Manning a) A Parcel Map based upon field survey will be required. b) Additional survey and map information including, but not limited to, building setbacks, flooding and zones, seismic lines and setbacks, geologic mapping and archeological sites shall be filed with the City Engineer in accordance with Ordinance No. MC-592. c) A reciprocal easement shall be shown on Owner's Certificate for drainage, access, sewer, and/or parking is proposed to cross parcel line. 5. Improvement Com leo tion a) Street, sewer, and drainage improvement plans for the entire project shall be completed, subject to the approval of the City Engineer, prior to the Map recordation. 6of11 02/23/01 I ~ANDARD REQUIREMENT DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots APPLICANT: MAPCO LOCATION: n.w Corner of University Parkway/Kendall Drive b) If the required improvements are not completed prior to Map recordation, an improvement security accompanied by an agreement executed by the developer and the City will be required. c) If the required improvements are not proposed to be completed prior to recordation of the Parcel Map, a deferred improvement agreement in accordance with Section 19.30.160 of the Development Code will be required. If the agreement is approved, an improvement certificate shall be placed on the Parcel Map stating that the required improvements will be completed upon development. Applicable to Parcel Maps consisting of 4 or less parcels only. d) Street light energy fee to pay cost of street light energy for a period of 4 years shall be paid. Exact amount shall be determined and shall become payable prior to map recording. e) All rights of vehicular ingress/egress shall be dedicated from the following streets: University Parkway and Kendall Drive 6. re Im r v m n n D dica ions St et r o e e t a d e t a) All public streets within and adjacent to the development shall be improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks and appurtenances, including, but not limited to traffic signals, traffic signal modifications, relocation of public or private facilities which interfere with new construction, striping, shall be accom lished in accordance with the Cit of San Bernardino "Street P Y Improvement Policy" and City "Standard Drawings", unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures". Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. 7of11 02/23/01 i ~ANDARD REQUIREMENT DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE N0: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots APPLICANT: MAPCO LOCATION: n.w Corner of University Parkway/Kendall Drive b) For the streets listed below, dedication of adequate street right-of way (R.W.) to provide the distance from street centerline to property line and placement of the curb line(C.L.) in relation to the street centerline shall be as follows: Street Name Riaht ofof Wav(ft.? CurbCurb Line(ftl UNIVERSITY PARKWAY 60' S3' (existing) KENDALL DRIVE 50' 40' c) Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer. d) Construct sidewalk adjacent to the site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). e) Construct Handicap Ramps in accordance with City Standard No. 205 at all curb returns within and adjacent to the project site. Dedicate sufficient right-of-way at the corner to accommodate the ramp. f) Construct Driveway Approaches per City Standard No. 204, Type II, including Handicap by-pass. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. g) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2. 8ofll 02/23/01 ~ANDARD REQUIREMENT DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots APPLICANT: MAPCO LOCATION: n.w Corner of University Parkway/Kendal) Drive 7. Required Engineering Permits a) Grading permit (If applicable.). b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. c) Off-site improvements construction permit. 8. A~Dlicable Engineering Feesl a) Map Checking fee - $ 1,000.00 plus $ 30.00 per parcel. b) Plan check and inspection fees for off-site improvements - 4% and 4%, respectively, of the estimated construction cost2 of the off-site improvements. c) Plan check and inspection fees for on-site improvements (except buildings - See Development Services-Building Division) - 2% and 3%, respectively, of the estimated construction costa of the on-site improvements, including landscaping. d) Plan check and inspection fees for grading (If permit required) -Fee Schedule available at the Engineering Division Counter. All Fees are subject to change without notice. ZEstmmated Construction Cost for Off-Site Improvements is based on a Ilst of standard unit prices on file with the Public Works Division. ~ Estimated Construction Cost for On-Site Improvements is based on a list of standard unit prices on file with the Public Works Division. 9ofi1 02/23/01 ~ANDARD REQUIREMENT DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots APPLICANT: MAPCO LOCATION: n.w Corner of University ParkwaylKendall Drive e) Drainage fee in the approximate amount as follows based on $0.429 per square foot for the first 3,000 square feet of impervious lot area (estimated as 85% of the net lot area), then $0.147 per square foot of remaining impervious lot area or fraction thereof: $31,346.00 f) Traffic system fee in the estimated amount of $154,056.64. Based on 9006 trips per day @ $17.106 per new trip generated by the project. The City Traffic Engineer shall determine exact amount at time of application for Building Permit. g) A portion of the Traffic Systems Fee paid for this commercial/industrial project can be credited to the initial developer based on the actual cost of installation of the new traffic signal new traffic signals or upgrade of existing traffic signals for the mitigation of traffic related conditions identified in the project review process and required as part of the approved development. See Resolution No. 88-140. i h) Sewer Connection fee in the approximate amount as follows based on $242.91 per 3,000 square feet or fraction thereof: $3,157.83 i) Sewer inspection fee in the estimated amount as follows based on $20.48 per connection: $20.48 j) Street or easement dedication processing fees in the amount of 0.00 per document. 9. Additional Requirements -General a) This project shall pay a "fair-share" mitigation fee equal to 75% of a new traffic signal at Kendall Drive and Cambridge Avenue. The estimated fair- share for this signal is $75,000. The City shall place the traffic signal project on the Capital Improvements Program (CIP) to enable future funding of the City's 25% contributions towards the signal. ~o°fu 02/23/01 ~ANDARD REQUIREMENT DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots APPLICANT: MAPCO LOCATION: n.w Corner of University ParkwaylKendall Drive b) The traffic signal upgrade at University Parkway and Kendall Drive shall be jointly funded (50/50) by the City and the developer. The signal modification is a requirement to mitigate the project's impact on the intersection by improving the level of service of the east/west left-turns on Kendall Drive. Additional left-turn lanes are required for all directions of traffic. The improvement could entail the relocation of signal poles as well as new poles at some locations. A portion of the collected traffic systems fee for this project will be credited towards the developer's share of the signal upgrade. c) Staff still does not concur with the developer's request for a median cut on University Parkway to provide access to the development at this time. Project patrons have the opportunity to use the left turn signal at University Pkwy/Kendal) Drive to access the development. Traffic safety issues also prohibit staff concurrence (high speeds, lane weaving, and limited sight distance for approaching southbound traffic on University Parkway). d) Staff agrees with the developer's request for a right turn in/out driveway onto University Parkway with provisions for a deceleration lane and lane reduction transition per the Caltrans Standard 6-11. The project's parkway landscaping shall not restrict the sight distance requirements at the driveway locations. e) The site plans shall be modified to reflect our recommendations listed in items # C & D. f) Prior to commencement of any construction, vacation of excess street right-of-way at University Parkway has to be completed. g) Developer has to secure use of vacated excess street right-of-way by easement, lease or purchase property from the City of San Bernardino. 11 of 11 02/23/01 r City of San Bernardino STANDARD REQUIREMENTS DRC Date: 2 / 15 / 2001 Development Services/Plan Check Division CONDITIONAL USE PERMIT 00-13; VARIANCE 00-10 Property address: 1. Submit 4 sets of plans, minimum size 18" x 24", drawn to scale. If plan check is for expeditious review, submit 5 sets. The plans shall include (if applicable): a. site plan (include address & assessors parcel number) b. foundation plan c. floor plan (label use of all areas) d. elevations e. electrical, mechanical, & plumbing plans f. detail sheets (structural) ii g. cross section details h. show compliance with Title 24/Accessibility (disabled access) 2. The title sheet of the plans must specify the occupancy classification, type of construction, if the building has sprinklers, & the current applicable codes. The current model code is the 1997 editions as amended by the 1998 California codes. 3. 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 i California. 4. For structures that must include an engineers design, provide 2 sets of stamped/wet signed i calculations prepared by a licensed architect/engineer. 5. Submit soils and/or liquefaction report. 6. Submit grading, site, and/or landscape plans to Public Works/Engineering for plan check approval and permits. For more information, phone 909-384-5111. 7. Fire sprinkler plans, fires suppression system plans, etc., shall be submitted to the Fire ', Department for plan check approval and permits. For information, phone 909-384-5388. 8. Signs require a separate submittal to the Planning Division for plan check approval and permits. For information, phone 909-384-5057. 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. I I r 10. An air quality permit may be required. Contact South Coast Air Quality Management Division for information, phone 909-396-2000. 11. Provide receipt from San Bernardino School District. For information, phone 909-381- 1238. I2. 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. )~Y~' r AL JOHNS /DEVELOPMENT SERVICES CITY OF SAN BERNARDINO FIRE DEPARTMENT _ ~£~A1~9ARD REQUIREMENTS ~6e: T 1'n'~ - /ss37 Date: -1 a v Reviewed By: ~;~- GEDIERAL REQUIREMENTS: L9" Provide one eddklonal set of construdbn plans to Building and Satety for Fire DaperbneM use at time d plan check. ? CoMad the City d San Bernardino Fire DeparMeM at (908) 384.5388 for spaciflc detelbd requirements. ? The developer shall provitle for adequate fire flow. Minimum Ore flow requirements shall be Dared on square footage, constnrctlon features, and exposure information supplied by the developer and y8~j be availebb erl(N b) plecng Canbuetlbla materiels On eke. WATER PURVEYOR FOR FIRE PROTECTION: ? The fire potecton rater aervlde for the area d thb pro)ed b provided by. ? San Bernardino Munldpal Water Deparbment-Erpineedng (9p9) 384.3391 ? East Valby Water Dbbid~ngineedrg (909) 888.5986 ? Older Water purveyor. Phone: PUQLIC FIRE PROTECTION FACILITIES: C~ Public fire hydrants are required akmg streets at intervak nd to exceed 300 feet for cwmmemlal end muki-resklentlel areas antl at IrKarvab not to exceed Teet for resldentlel areas. Fire hydreM minmum flow rates d 1,500 gpm ate 20 pal mlMmum resldual pressuro are requlrod for commercial end multi-reeiden8al areas. Minknum fire ~~tttlydreM lbw retes d 1,000 gpm at a 20 pal minimum resldual prossuro ere required for rosldentlel areas. Q~ FFire hydreM type and specilk loratbn shell be Jdntly determined Dy the Clty d Ban BemaMlno Flre Departrent in an)uncdat with the water purveyor. Flre p" Pub fire h raMS, fire aervl~ees, arW11Publ~ water feGl~itles ner:esw stop Fitre De rtrneM purveyor. yd ry pe requbemede are the devebper's Mandel resportslbilky and shell be Insfalbd by the water purveyor or by the devebper at the water purveyofs dbcretlon. Contac the water purveyor Indkated above for addkkxtal information. ACCESS: reside two separete. Oadicatetl routes d Ingresa/egreas to the properly entrance. The routes shall be paved, all weatlter. Provide en eases road b each building for fire apparetus. Access roadway shall have an all-weather ddvkrg surface of nd less than 20 feet d unob• - }butted width. L~'~xtend roadway to wlMln 150 feat d all potions d the eMedor well of ell singb story buildings, [~' Fxtend roadway to wthin 50 feet d the exterior wall d all multlpie~tory buildings. Provide'NO PARgNG' signs whenever parking d vehk:bs would possibb reduce the clearance d eases roadways to leas than the roqulred width. Signs are to read "FIRE LANE-NO PARgNG--M.C. Sec. 18.16". ? Dead~nd streets shall not exceed 500 feet in length and shall have a minimum 40 fod redlus turnaround. ? The names d arty new atreeb (publk: a private) shall be submktstl to the Fire DeperlmeM for approval. SITE• (~ I eases roads arM streets are to be conatrucbd and usable prior W txtmbustlble eonetruetlon. [Private fire hydreMS ahak be Installed to protect each butldirp totaled more than t50 feet from the curb Ilne. No Ike hydren4 should be within 40 feet d any exbdor wall. The hydreMs shall be Wat Barrrl type, with orro T/. Yrclt antl 4 Inch outbL erW approved by the Flre Deparbnarrt. Areas ad)acertt to fire hydreMa shall be designated as a "NO PARIONG" mne by pekNng en 8lnctt wlde, red stripe for 15 feet In each directlort in front dtM,hydreM in such a manner that k will not be blaked by perked veMdes. Lettering to be in white 6" by X", , S~y~~ /.~ ~ 4 ~<J f pltiw..r ff ~ ~ o-a:~ ~- BUJ.DINGS: C~ Address numerals shall be Installed on the bull0ing at the front or oMer approved lacatkm in such a manner as to be visibb from the fronbge street Com- merobl and muPo famiy address numeals shat be 6 Inches tall, singb famky address numereb shall be 4 inches fall. The abr d tlta numerals shall carr- _itrastwith the cobr d the background. l~~ ~/entdy each gas and elecbk meter wkh the numl»r d the unk k serves. L'1' Fire extlngubhera must be Installed prbr b the building being aapbd. The minimum reMg for any fire extlnguisher k 2A 108fC. Minimum dlsMbutlon d fire extlngWeMre must be such that rro Interbr part d the building b over 75 feet travel distance from a fire extlngubher. ? Apartment houses with 18 or more unks, fxrtels (motels) wNh 20 or more unks, a apartments or hotels (motels) three stories or more In height shell be ~9Wppetl v4M automatk fire apdnklere desigrxtd to NFPA atendeMs. [y' PJI buildings, over 5,000 square feet, shall be equipped with en automatlc Poe spdnker system tleaigned to NFPA standards. This Includes existlng bukdinga nt over 365 days. Submk plena for the fire protection system to the Fire Department prbr to beginning conawcdon d the system. Permk required. ? Tenant improvements in all apdnkbretl builOinge are to be approved by the Flre DeperhneM ptlor m start d anatnrctlon. Permk required. ? yrovide fire alarm (required throughout). Pierre moat be approved by the Fire Depsrhnent prior to start d inslalbtlon. Pernk required. []' Fire Deperbnant connecflon to sprinkler systeMstendpipe system, shall be required at Fire Department approved bcatbn. Fire Code Permk required. Ire Sprinkler monitoring required. Plans must be approved by th Fire Deparment prbr to the alert d conatndbn. Permk required. ~ ~ o ~ /~avs Note: Tire applksM must request, In wrttlng, any changes to Fke Department requirements. ADDITIONAL INFORMATION: A,dwfa Joe z~wc.- ,C«.c ~a~! r~s.t.:«l- k *r.- y3yu~-fit ~s cce rro ryrmt ~ITY OF SAN BERNARDIN~ PUBLIC SERVICES DEPARTMENT -REFUSE r!i RECYCLING DMSION STANDARD DEVELOPMENT REQUIREMENTS 300 North DStreet - 4th Floor CA 9241 &0001 "~ 909-384-5335 Project Number ~ ~ Project Planner ~ c Project DescriptionBusiness Name m Project LocatioNAddress O s - Reviewed By ~ Review Date / / OO (Oflfce Use Only: City Service No. DNe Completed Application Returned- / /~ COMMERCULL 1. F~tatrlish commerdp[ renfime encloslre(s) accordng to City Pubtlc Works Standard 508 with a wld0~ of Q ' O /r and a length of LS ~h . Locatlon and orfeMation of enebsure(s), gates, and compactor ur~t(s) shat be ahovrrl on Site Plans, lebeled with dimensions and apeaficafions to meet Public Works Standard 508. 2. Locate refuse enclosure(s) and compactor urn(s) to be safely accessible far service vehicles and without obstruction to drive stabs, drHeways, badkrg zones, parking, or handicap access. Enclosure must be at least 5' from combustible walls, cave ilea, or openrps [98 CA Fre Code 1103.2.2]. Minimum radii of 40' for al drive twos along the main ogress to and egress from enclosures and compactor pads. S. Irtstatl ~ compactor urn(s) with a miwmum cepadty of ~ cubic yards for each unlit. RoN-off box unit(s) shall meet Pubtlc Works Standard 510. 4. Refuse and recycing service to this bcetbn shatl be provided by the Cily of San Bernardino unless otherwise noted. New accotrlfs require a cempleted Service Apptlcation with a futl deposit returned to the City of San Bemard'mo Refuse 8 Reryctlng Division prior to issuance of the final Certificate of Occupancy. !i. City froMaoad cotlecfion services shatl be estabtlshed at the fotlowing minimum levels: REFUSE SERVICE RECYCLalO SERVICE OROAtaCS SERVICE QTY BIN DAYS /WEEK QTY BIN DAYS /WEEK QTY BIN DAYS /WEEK 1-2 CY 7-2 CY 1-2 CY 3 CY 3 CY 3 CY 4 CY 4 CY 4 CY 8CY 6CY BCY _ 6. Sealed compactor ant(s) shatl be irwtaled with a recommended minimum 30 cubic yard rotl-off box: unit(s) for refuse, ant(s) for commingled dry recydables, and ant(s) for organce. 7. ApptlceM shatl submit a completed Integrated Waste Management Survey to the PubNc Services Department Refuse and a Drvrsion a min um of 5 Cily work days fora oval prior to issuance of arty Cily permits. Contact i~~ _ 909-384-5549 * phone or 909-384-5190 fax. RESIDENTIAL 1. Residential refuse and recycling services are to be provided by the Cily of San Bernardino Refuse 6 Recycling Division. The Cily shatl provide one set of a blue, green, and black 96 or 84~aWn automated service carts to each single famiy unit OR one set to everytwo-Ixrit multiple family dweltlng up to sbr urns. 2. Residential urwts shatl have a mWmum 3 feet by 9 feet concrete pad located out of view of pubNc rightof-way for storage of each set of ttree automated carts. Minimum gate operrkrgs shatl be 3 feet, and the path of travel from the storage pad to <xab ahatl be contirawusy paved. 3. A minmum 12-foot space abng the crab on the street must be dear for residential automated service carts, including a m'rtimum 2-foot setback of atl structrres, fences, and raised landscaping. 4. Day of automated cart service shah be: M T W Th ADDITIONAL CONDITIONS OR NOTES 0 e 6 lWlwfsAppicant](Ysbw~~PlenNnpJ(Rhlr-RNUas 6 Rscydnp (CSRs)J/GWdNxod~DERC FNJ RsWasd 3.8.2000 CITY OF SAN B RDINO • PUBLIC SERVICES DEPARTM 909-384-5549 ' INTEG~D WASTE MANAGEMENT SURVEY- G ELINES The State of Califomia adopted the Califomia Solid Re/use and Recycling Access Ad of 1991, which sets forth mandates and guidelines requiring Cities and Counties to reduce solid waste generation and landfill disposal through means of source reduction, re-use, recycling and composting. In accordance with the intent of this Ad to create a heaRhier and more sustainable environment and economy, the City asks developers and business owners to evaluate how they may best achieve solid waste reduction with a minimum diversion goal of 50% by weight for Site Development and Operations separately. Please submit a typed 1 to 5 page response to the following guidelines a minimum of five (5) City working days for approval prior to the issuance o/ a Development or Building Permit if site development is planned, or a minimum of five (5) City working days for approval prior to the issuance of a Demolition Permit or a Conditional Use Permd. Including these elements as mitigation measures wdhin a required Inffial Studv under CEQA will satisfy this requirement. If no Demolition or Site Development is required, and waste generation from Operations is not anticipated to exceed 36 cubic yards uncompacfed per week, an IWM Survev-Short Form maybe submitted to satisfy this requirement. Proiect Identification • City Project Number(s) • Project Description or Business Name • Project Address or Assessor Parcel Numbers • Preparer's Name, Title, Company, Phone Number, Fax or E-mail Address • Date Prepared Stte Development - if not applicable. please note • Include a brief description of all demolition, site preparation, renovation, and construction activities anticipated. If development is to be phased, please describe each phase distinctly. • Identify the types, quanttty, and frequency of solid wastes and regulated wastes anticipated to be generated during each development phase. Solid wastes generated during site development may include but are not limited to inert materials such as concrete, brick, stone, and dirt fill; scrap metals; wiring; wood waste; pallets; roofing shingles; ceramic fixtures and tiles; wall board; carpet and padding; vinyl flooring and siding; plate glass; metal and PVC pipe; insu/atipn; plastic film; empty buckets; empty cans and bottles; corrugated cardboaM,~ and green waste such as cleared vegetation and saw dust. Regulated wastes may include but are not limited to all hazardous materials; tires; waste lubricants, croatings, adhesives and solvents; appliances and HVAC units; batteries; vehicles; and fluorescent lights and ballasts. • If waste materials are to be hauled by companies other than the I'rsted General Contractor, please identify the companies and what services will be provided. Ocerations • Identify the types, quantity, and frequency of solid wastes and regulated wastes anticipated to be generated during normal business or event operation and maintenance. Solid wastes during operation may include but are not limited to mixed refuse; food and liquid wastes; green waste; paper and cardboard,' all plastic, glass, and metal containers plastic film wrap and packaging; textiles; wood waste; and other operation-specific waste parts, scrap or residuals. If a janitorial service will be employed for building maintenance, please provide the company name, address, a contact name and phone number. Permanent hauling services provided within the Ctty of San Bernardino must operate under a Franchise Agreement. If waste materials are to be hauled by a service other than the City of San Bernardino Refuse 8 Recycling Division, please identify the company and what service will be provided. Diversion Summary Estimate the anticipated diversion from landfill of all solid waste materials generated during I. Site Development (if applicable), and II. Operations. Identify the method of diversion, whether through re-use, recycling, or composting. If you anticipate any other significant solid waste prevention through attemate methods, such as utilizing a new technology that will reduce waste generation at the source, please describe. Project Modifications Any modifications submitted to Planning shall include an Addendum to the submitted IWM Survey. MOVPS-EPD 07.19.00 • 'Belantli Jo From: Dyck_Mi Sent: Friday, February 16, 2001 10:37 AM To: Bellandi_Jo Subject: CUP 00-13 -NWC University & Kendall The standard conditions issued for this project on 9.28.00 still hold. Please note the following changes and comments for this project based on the discussion in the DERC meeting 2.15.01: 1. Building A - Sav-on Drugs The location of the roll-off compactor unit works, however there seems to be no loading zone designated at the rear of this building, and the only area open for possible loading interferes with access to the compactor. Are the 5 parking spaces at the NWC of building A required? Also, I need to yet receive a one to two-page response from the tenant addressing the information requested in the Integrated Waste Management Survey Guidelines for Operations and Diversion. The size and use of the compactor should be identified in the Survey response: refuse or recyclables. 2. Building B? -Food Court The location of the two bin enclosures are accessible to service vehicles, however the detail plan of the enclosure on the NE side of the building is drawn so as to overlap into a loading zone indicated on the site plan. The bin enclosure size for both shall be 8' x 15', constructed to PWS 508 specifications; the pedestrian access modification to the enclosures is acceptable. Permanent gate stops should be added along the two sides where the gates open into the exterior wall of the building to prevent damage. 3. Building C -Fast Food Restaurant The bin enclosure at this location shall also be 8' x 15' and should be relocated just north of the enclosure drawn and inset to allow through traffic with gates open at widest point and straight service vehicle access from west drive aisle. Pedestrian access modification to the enclosure is strongly recommended with a paved walkway from the enclosure to the rear service entrance of the building, and cut curbs all along path, with pedestrian striping across drive-thru aisle. 4. Building D -Fast Food Restaurant Relocate enclosure to north of parking cluster around this building with side access from north drive aisle, a minimum of 40 feet from either intersecting drive aisles to prevent stopped trucks from blocking traffic flow. Modify the enclosure for pedestrian access with a paved walkway from the enclosure to the rear service entrance of the building. Enclosure size shall still be 8' x 15' to accommodate a maximum of 2, 4CY bins. Service at this location may be restricted to a maximum of 4CY per day up to 6 days weekly of refuse, and 4CY three times weekly for recyclables. Michelle Dyck Environmental Projects Assistant Public Services Department 300 North DStreet - 4"' Floor CITY OF SAN BERNARDINO PARRS, RECREATION & COMMUNITY 3ERVICES DEPARTMENT STANDARD REQUIREMENTS Tent Parcel Map 15537 Condit. use permit 4100-13 Case: Variance Ik00-10 Date• 01-18-01 Reviewed By: J. Gondos [}~u'r. REQIIIREMENT3: [ x] Commercial Iaduetrial and Multi-Unit [ ] Assessment District [ ] Residential [ x] Purpose, Guidelines and submittal procedure [ x] irrigation and Landscaping Pleas. [ ] Contact the City of San Bernardino Parke,Recreation and Community Services Department at (909) 364-5217 or 384-5314 for specific detailed requirameats. SPECIFIC REQIIIR>3MENT5: [ x] Maiatenanco of landscape areas [ x] Plaster Areas [ ] Interior Plantar Areas [ x] Irrigation Syetama [ x] Setback Areas [ x] Slop• Areas [ x] Ground Covsr sad Bedding Material [ x] 8roeion Control [ ] Sided Control PLANT MATERIALS [x ] Plant list sad climatic conditions [x ] Strast Trses [x ] Plant Material Siae Requirsmaats pad Ratios INSPECTION AND OTSER REQVIREI~NTS [ x] Irrigation 9yatam I x] Landscaping [ ] Hardscape Items [ x] Street tree Specifications [ id Arboriet Report [ x] Removal or destruction of trees [ ] 9creaning Requirement (City, Dav.Code) Note: The applicant must request, in vrriting, say chaagea to the Parke, Recreation sad Community Services rsquiremente. Additional information Arborist report is needed with the removal of 5 trees or more. ~~ii CITY OF SAN BERNARDINO DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES POLICY AND PROCEDURE FOR LANDSCAPING AND IRRIGATION REQUIItEMENTS COMMERCIAL, INDUSTRIAL AND MULTI-UNIT ~ DEVELOPMENT FEBRUARY, 1997 • Table of Contents I. Code Authority and Purpose II. Submittals A. Number of Plans and Submittal Procedures B. Landscape Plans C. Irrigation Plans III. Landscape Areas A. Maintenance of Landscaped Areas B. Planter Areas C. Interior Planter Areas D. Irrigation E. Setback Areas F. Ground Cover and Bedding Material G. Slope H. Erosion Control I. Weed Control 1V. Plant Materials A. Climatic Conditions and Plant List B. Plant Material and Size Ratio Requirements C. Street Trees V. Inspection A. Irrigation System B. Landscaping VI. Other Requirements CITY OF SAN BERNARDINO REQUIREMENTS FOR SUBMITTAL AND APPROVAL OF LANDSCAPE AND IRRIGATION PLANS As stated in the City Development Code under Chapter 19.28.010, Purpose of Landscape Standards, it states, "The purpose of this Chapter is to establish landscaping regulations that aze intended but not limited to. " I. CODE AUTHORITY AND PURPOSES 1. Enhance the aesthetic appearance of development in all areas of the City by providing standazds relating to quality and functional aspects of landscaping and landscape screening. 2. Increase compatibility between residential and abutting commercial and industrial land uses. The intent and purpose of these policies and procedures is to provide: 1. Guidance in the required submittal of landscape and irrigation plans 2. Guidance in meeting street tree regtrirements 3. Guidance in selection of plant materials 4. Guidance in what the landscape and irrigation plans shall show It is the responsibility of the Parks, Recreation and Community Services Department to conduct required inspections prior to the issuance of a Certificate of Occupancy (C of O). Refer to Page 7 for more details. II. SUBMITTALS A. NUMBER OF PLANS AND SUBMITTAL PROCEDURE Five (5) copies of landscape and imgation plans shall be submitted to the Public Works/Engineering Department along with payment of the appropriate Landscape Plan Review Fee. B. LANDSCAPE PLANS 1. Shall be drawn by one of the following: A. A registered landscape architect B. A licensed landscape contractor who installs the actual landscape C. A nursery D. The owner -1- NOTE: The name, address, telephone number, along with signature of the person(s) who do the design shall be on the plans. Registered landscape architects and licensed landscape contractors shall include registration numbers and/or license numbers. 2. Plans shall be legibly drawn to scale on paper no smaller than 18" X 24" and no larger than 24" X 36". 3. Plans shall show location of the property by vicinity map and nearest cross streets and give the property address or assessor's pazcel number. 4. Plans shall show location of existing and proposed utilities -above ground and underground. 5. Plans shall show type of zoning, the scale and northerly directional arrow. 6. Plans shall contain plant legends for all existing and proposed plant material. Plant legend shall provide the following: A. Plant symbol B. Plant name, botanical and common i C. Plant size D. Plant quantities E. Spacing (feet on center, 100% coverage, etc.) 7. Plans shall show existing and proposed plant material drawn to scale at their mature size. 8. Plans shall contain landscape specifications and details. 9. Plans shall show the name, address and telephone number of property owner or developer. C. IRRIGATION PLANS 1. All required landscaping shall be provided with an automatic irrigation system. 2. Irrigation plans shall be submitted with, attached to, and the same size as landscape plans. _ 3. As addressed in Chapter G19.28.130 Landscape Design Guidelines of the City Development Code, plans shall address conservation of water and energy to include: A. Components -low gallonage and low precipitation heads, drip systems and other sub-surface techniques, mini jet heads, moisture sensing devices, controllers with ability of variable programming. -2- B. Eff c -velocity shall be as close as p~ble to 5 feet per second. Plan material with different water requirements shall be on separate valves. Slopes shall be on sepazate valves. System design shall eliminate costly, wasteful overthrow and runoff. 4. Plans shall show: A. Static P.S.I. B. Service Main -type, size and length C. Water Meter -location and size D. Approved Backflow Prevention Device -location and size E. All locations of pipe, valves and heads, (includes emitters, etc.) 5. Slopes required to be planted with efficient and water conserving irrigation systems (over watering should be avoided.) 6. All sprinklers shall be installed with approved swing joints. 7. All sprinklers along pathways, driveways and any other area where foot traffic occurs shall be the pop-up type, installed flushed with the soil. Irrigation heads on risers are permitted where no foot traffic will occur. 8. Lateral irrigation pipe shall be Class 200 or better. Mainline shall be Class 315 or better. Irrigation sleeves to be Schedule 40 and 2 1!2 times the diameter of lateral or mainline. 9. Separate water meter for landscape irrigation shall be optional at owner's request and expense. Owner must notify the water department. 10. Plans shall contain irrigation installation specifications and details. 11. All irrigation lines shall be buried.. Mainline at least 18" and laterals 12" deep. Brownline is not permitted. 12. Plans shall contain irrigation legends as follows: EQUIPMENT Symbol Manufacturer Model N Description Nozzle Radius GPM PSI PIPE Size Type Class or Schedule -3- NOTE: Piping sizi~(size) shall also be shown at each ~on of pipe, (mains and laterals). VALVE CHART Valve Valve Size GPM # 1 2 1/2" 43 # 2 1/2" 27 ETC. ETC. ETC. Total of Valves: Total GPM: i NUTS: All valves shall be numbered. FRICTION (PSI LOSS) " "Water Meter PSI Backflow Device PSI Elevation Changes PSI pipe PSI Valves, Fittings, Miscellaneous PSI Total PSI Loss PSI Original PSI (Static) PSI '~ Less Totai PSI Loss PSI Equals Minimum to Farthest HD III. LANDSCAPE AREAS A. MAINTENANCE OF LANDSCAPE AREAS The maintena~e of landscape areas shall be the responsibility of the developer until all required inspections have been completed by the Ciry of San Bernardino Parks, Recreation and Community Services Departrnent and the "yellow" inspection record signed. B. PLANTER AREAS All required turf areas shall be protected from other landscape areas i.e. groundcover beds, shrub planters by a 6" concrete mow curb. Mow curb shall be 1" above fmished grade. -4- , ; C. IRRIGATION All required landscaping shall be provided with automatic sprinkler facilities which shall be maintained in an operative condition. Utilize only reduced pressure (rp) devices or double check valve assembly. No atmospheric vacuum breakers are permitted. D. SETBACK AREAS All required setbacks around the perimeter of the property shall be landscaped (except for walks and driveways which bisect or encroach upon the required landscape area). The required setbacks shall be landscaped with trees, shrubs and groundcover. ~ Landscaped earth berms shall be erected and maintained within the setback. Betmed areas shall have a maximum of 3:1 slope and be planted with a tall fescue type turf grass or other approved landscaping. A minimum width of 5 feet of landscaping shall abe placed on the exterior of perimeter building walls. E. GROUND COVER AND BEDDING MATERIAL Gravel and decorative rock aze permitted materials only if they are cemented or grouted in place. Loose rock is not permitted. F. SLOPE LANDSCAPE REQUIREMENTS 1. To protect against damage by erosion and negative visual impact, surfaces of all cut slopes more than five (5) feet in height and fill slopes more than three (3) feet in height shall be protected by landscaping. Slopes exceeding fifteen (15) feet in vertical height shall also abe landscaped with shrubs spaced at not to exceed 10 feet on center and trees spaced at not to exceed 20 feet on center. Plant material selected and planting method used shall be suitable for the soil and climatic conditions on the site. 2. Plant sizes on slopes shall be as follows: A. Trees 10% - 15 gallon 4996 - 5 gallon 5096 - 1 gallon B. Shrubs 20% - 5 gallon 80% - 1 gallon C. Groundcover 100% -coverage within one (t) year. 3. The maintenance of graded slopes and landscaped areas shall be the responsibility of the developer until the transfer to individual ownership. G. EROSION CONTROL All grading and drainage facilities, including erosion control planting of graded slopes, shall be done in accordance with a grading plan approved by the City Engineer. A grading permit shall be obtained prior to any grading being done. -5- H. WEED CONTRO~ . Pre-emergence control, post-emergence control and cultural control of weeds shall be addressed on the landscape plans submitted by the landscape architect. IV. PLANT MATERIALS A. CLIMATIC CONDITIONS AND PLANT LIST Due to the hot, dry climate of San Bernardino, drought and heat tolerant plant material may be used upon prior approval. Plant list may be obtained from the Pazk Projects Coordinator at (909) 384-5217. B. PLANT MATERIAL AND SIZE RATIO REQUIREMENTS Landscaped areas shall have plant material selected and planting methods used which arc suitable for the soil and climatic conditions of the site. Sizes of the plant materials shall conform to the following mix as required in the City Development Code. Trees 20%, 24" box; 50%, 15 gallon; 15 %, 36" box; 15%, 48" box Shrubs 80%, 5 gallon; 20%, 1 gallon Groundcover 100% coverage within one (1) yeaz Fifteen (15) gallon trees shall have a 1" to 1/2" diameter caliper - 5 inches above the top of the rootball. They shall be 8' to 10' in height, with a 2' to 3' spread. Twenty-four inch (24") box trees shall have a 1 3/4" to 2" diameter caliper - 5 inches above the rootball. They shall be 9' to 10' feet in height, with a 4' to 5' spread. C. STREET TREES Street trees shall be required. Tree vazieties and exact location will be determined by the Director of Parks, Recreation and Community Services Department. The Pazk Projects Coordinator shall mark locations and inspect plant material on site, prior to planting. Sidewalks, curbs and gutters must be clean of debris prior to marking. A 24- ' hour notice is required for inspection. The size of the street trees shall be 24" box specimens. The 24" box trees shall be planted as street trees within the public pazkway or Ciry property. For a list of street trees, please contact the Park Projects Coordinator at the above referenced telephone number. j V. INSPECTIONS A. IRRIGATION SYSTEM 1. Inspections shall be performed by a Park and Recreation Department representative at the following: A. Depth of irrigation trenching, sleeving, mainline, lateral lines (prior to burial), valve installation and irrigation head assembly. B. Pressure test of irrigation mainline (150 PSI for 2 hours). j -6- o -: 2. Do not all~or cause the above items to be bu, prior to inspection and ' approval of tTie Park Department representative. A 24-hour notice shall be given prior to anticipated inspections. Contact the Landscape Section at (909) 384-5217 or 384-5314. B. LANDSCAPING 1. Inspection shall be performed by a Park and Recreation Department representative at the following: A. Upon completion of furished grade, soil preparation and final rake out. B. When trees and shrubs are spotted for planting, with one example of planting hole for trees and shrubs. Provide samples of plant fertilizer. C. Final inspection when planting and all other specified work has been completed. 2. A 24-hour notice shall be given prior to anticipated inspections. Contact the Landscape Section at (909) 384-5217 or 384-5314. VI. OTHER REQUIREMENTS A. Notify the Pazks, Recreation and Community Services Department of commencement of landscaping. Give anticipated time line (start-to-finish). B. All landscaping, irrigation and street trees shall be installed and maintained in accordaace with the City of San Bernazdino Municipal Codes, ordinances and standard requirements. C. Material requirements for all planting material shall be number one (1) grade of the California Nursery Industry Certificate as issued by the Agricultural Commissioner of the County of origin. D. Upon completion, City inspection and sign-off by City Landscape Inspector, the Contractor shall be responsible for ninety (90) day plant establishment and maintenance period. If landscape is not acceptable, the maintenance period will be extended by the Park Projects Coordinator to insure the proper horticulture establishment. E. All landscape material, irrigation equipment, irrigation components and workmanship shall be guaranteed for a period of not less than one (1) vear from date of final approval by the Ciry of San Bernardino Parks, Recreation and Community Services Department's Director or his/her designee. The conditions of the guazantee will be to insure, but not - limited to all plant material being in healthy condition and free from abnormal conditions which may have occurred during or after planting, such as defoliation or structure dieback. F. ASSESSMENT DISTRICTS Contact by the City of San Bernardino Parks, Recreation and Community Services Department for Assessment District's Landscape Requirements. All other items on Assessment Districts are covered by Public Works/Engineering. 1/28/97 amt,~,;,„~aW - 7 - ATTACHMENT F CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INTEROFFICE MEMORANDUM TO: Valerie Ross, Principal Planner FROM: ~aymond Casey, City Engineer SUBJECT: University Commons DATE: March 2, 2001 Public Works staff is still opposed to the proposed left turn break in the median on University Avenue for reasons of public health and safety. Specifically, there is a concern with the distance of travel across three lanes of potential speed of oncoming traffic, particularly during non-peak periods when less overall traffic exists. Second, there is concern that traffic will back up beyond this driveway from the University/Kendall intersection in the future causing potential delays at the entrance (see attached). However, should the Planning Commission decide to support the project with the median break, Public Works staff would submit the following additional conditions of approval for your consideration: Require the developer to: 1. Design and construct an additional traffic signal at the proposed left turn entrance on University providing, a stop phase for southbound traffic on University when "tripped" by a vehicle preparing to make a left turn into the center. This facility to be paid for utilizing a portion of the developer's traffic system fee to fund 50% of the cost and the other 50% required of the development. (Specific design to be determined during the final design process.) 2. Design and construct interconnecting facilities among the three signals (University/Kendall, proposed left turn entrance, and University/Northpazk). 3. Provide for adequate overall signage. 4. Have all truck deliveries utilizing the referenced left turn be made during non peak hours (as determined during the final design process) and sign the turn lane accordingly. 5. Bond for the re-establishment of the median should the City determine through accident history review and technical analysis that it has become an unmitigatable safety problem. 6. The referenced driveway should be relocated to the north as much as possible to increase the uninterrupted stacking distance from the University/ Kendall intersection. CITY OF SAN BERNARDINO Interoffice Memorandum To: Youn Kim, Civil Engineering Associate From: Anwaz Wagdy, Traffic Engineer Subject: University Commons: University Parkway Median Cut Request ~ Date: Mazch 1, 2001 Copies: File No. 13.47, Reading The following issues reiterate the City's rationale for not supporting the request to provide a median cut access on University Pazkway to the development at this time. A local Traffic Engineering consultant, Mr. Larry Eisenhart, has also expressed his opinion opposing the median cuU • The City has strived to prohibit non-signalized median breaks along University Pazkway between the I-215 Freeway and the University campus at the request of CalState. • Staff previously requested on 1/18/01, a "scaled diagram" showing the locations of the proposed median cut and access driveway on University Pazkway. This diagram was to include vertical and horizontal alignment and existing median landscaping along University Pazkway between Kendall Drive and a point 1,200 feet northerly of Kendall Drive. Precise "driver" line of sight measurements at the median cut and driveway approach for approaching southbound traffic on University Parkway were to be drawn on this diagram. The response is peudiug. • Staff has concerns about future traffic queuing on University Pazkway at Kendall Drive that is expected to occur as a result of projected annual growth rates of 5% at the University campus. The Report's Yeaz 2010 Peak Hour projection analysis (see attachment) shows a queue length of 49 southbound vehicles on University Parkway at Kendall Drive. Usine the Caltrans Design Standazd of 30' length per vehicle storage the queue length of these vehicles equally dispersed in each of the three (31 southbound through lanes will be 480 feet The development's proposed driveway access/median cut location on University Pazkway is 360 feet north of Kendall Drive. It is apparent that this driveway will experience some difficulty egressing onto University Pazkway during peak hour conditions as southbound vehicles queue beyond this location. Vehicles desiring to make left-turns from the proposed median cut into the development will also experience difficulty and delay, due to the queuing of the southbound vehicles. This delay could cause queuing in the median opening storage pocket which could lead to an overflow into the #1 through lane for northbound traffic on University Pazkway. • The proposed median cut potentially could encourage lane-weaving for northbound traffic on University Pazkway at Kendall Drive as motorists attempt to `jockey" from other lanes to gain access to the median opening. ATTACHMENT G CITY OF SAN BERNARDINO INITIAL STUDY FOR General Plan Amendment No. 00-O1; Conditional Use Permit No. 00-13; Tentative Parcel Map No. 15537; Variance No. 00-10 PROJECT DESCRIPTION/LOCATION: - A request to change the land use district from RL Residential Low to CG-3 General Commercial -University Village, for approximately 6.66 acres of the 26.69 acre project site; a request to subdivide three existing parcels into 4 lots and 20.03 acres as a remainder lot; a Conditional Use Permit for fast food restaurants with drive-thrus, an Alcohol Beverage Control Type 21 off- sale general license, and to address conditions related to the site location within the Hillside Management Overlay District; a Variance to reduce parking and landscape setback requirements. The proposed development is for two fast food restaurants (with drive-thru) totaling 6,400 SF, one restaurant at 4,176 SF, an in-line food court totaling 11,977 SF, and a drugstore of 15,251 SF, for a total square footage of 37,804. DATE: Januazy 18, 2001 PREPARED FOR University Commons LLC 1341 Indiana Street San Diego CA 92101 PREPARED BY LILBURN CORPORATION 1905 Business Center Drive San Bernardino CA 92408 REVIEWED BY Independently reviewed, analyzed and exercised judgement in making the determination, by the Environmental Review Committee on Januazy 18, 2001, pursuant to Section 21082 of the California Environmental Quality Act (CEQA) City of San Bernardino Development Service Department 300 North "D" Street San Bernardino, CA 92418 (909) 384-5057 • CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY PROJECT DESCRIPTION The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. 1. Project Title: GPA 00-O1; TPM 15537; CUP 00-13; Variance 00-10 University Commons LLC 2. Lead Agency Name: City of San Bernardino Development Services Deparhnent Address: 300 North D Street, San Bernardino CA 92418 3. Contact Person: Joe Bellandi Phone Number: (909) 384-5057 4. Project Location (Address/Nearest cross-streets): The proposed project is located on the NWC of Kendall Drive and University Parkway. 5. Project Sponsor: University Commons LLC/Howard Berkson Address: 1341 Indiana Street San Diego CA 92101 6. General Plan Designation: Existing designation CG-3 and RL Residential Low (proposed change to CG-3 General Commercial -University Village, for approximately 6.66 acre of the site). 7. Description of Project (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets, if necessary): The proposed project consists of the following components: a General Plan Amendment from RL Residential Low to CG-3 General Commercial -University Village, for approximately 6.66 acres of the 26.69 acre project site; a Tentative Parcel Map to subdivide three existing parcels into 41ots and 20.03 acres as a remainder lot, identified as "Not A Part"; a Conditional Use Permit for fast food restaurants with drive-thrus, an Alcohol Beverage Control Type 21 off-sale general license, and to address conditions related to the site location within the Hillside Management Overlay District; a Variance to reduce parking and landscape setback requirements. The site plan/development review approval is for two fast food restaurants (with drive-thru) totaling 6,400 SF, one restaurant at 4,176 SF, an in-line food court totaling 11,977 SF, and a drugstore of 15,251 SF, for a total square footage of 37,804. Parking required on-site for the proposed uses is 287 spaces, 294 total spaces will be provided, many of which will be located within the Edison easement that traverses the site. Access to the site will be provided by one driveway onto University Parkway, and two proposed driveways onto Kendall Drive. G/Projectl570.00/ iS.MAPCO LS-1 January 22, 2001 • CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY 8. Surrounding Land Uses and Setting: The site is situated at the base of a steep hill. The azea proposed for development has an existing slope of 5 to 9 percent and is accessible from Kendall Drive and University Pazkway. The hillside area north of the site is somewhat undisturbed, however, there is evidence ofoff--road use, "hillside graffiti" (the use of rocks to form words and letters), and excess trash. The lower level of the site appears to have regular trespass and disking for weed control. On the southeasterly side of University Parkway is an existing apartment community; at the southerly corner of Kendall and University Parkway is a small commercial center featuring an El Pollo Loco Restaurant, an Econo Lube-N-Tune, along with other in-line shops. On the southwesterly side of Kendall Drive is an existing single-family residential neighborhood. Table 1 identifies surrounding land use and zoning. Continuing northerly on University Parkway is the main entrance to the California State University, San Bernazdino (CSUSB). Table 1 Existing Land Uses and Land Use Designations for Areas Immediately Ad'acent to the Pro osed Pro'ect Location Land Use Designation Land Uses l~TOrth RI, Undeveloped hillside azea SOUth RS, CG-1, RM Single-family residential; commercial development; multi-famil residential. East RM Multi-family residential West RL Undeveloped hillside area Source: City of San Bemazdino General Plan, 1989; site visit. LEGEND: RL -Residential Low (up to 3.1 dwelling units per acre) RS -Residential Suburban (up to 4.5 dwelling units per acre) RM -Residential Medium (up to 14.0 dwelling units per acre) CG-1 -Commercial General 9. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): The following permits will be required for construction and/or operation of the proposed project: X National Pollution Dischazge Elimination System (NPDES) Permit from the Regional Water Quality Control Boazd (RWQCB), Santa Ana Region G:/Projectl570.00/ IS.MAPCO 1.5-2 January 22, 2001 L _- ..., --- CALIFORNIA STATE UNIVERSITY SAN BERNARDINO Vv . -TSI7. %/.1 0.... t N Not To Scale last Revised: October 26, 2000 Figure 1 nKatz, Okitsu & Associates ......... Traffic Enginurs and Tramporration PlwIner.f Vicinity Map INITIAL STUDY AgpIN~ I• SAN BERN R CITY OF D BUILDING SE ~l.; y~,NNING ~ ~)I ~fi. `,p /. ++I ~I rt`~ ~f f I~J~, 1 ) ~/ ,I / fr ~w t t ~ ,/ I f~ I r i'~ ~/~ .,.''J ~ jl I[ y , fr {y~ / /)f f'~ j fi f ~ '~• r ~ j % ;i 7( f w ,1 r ~ 1 ,r r ~ rft t~ r r ~ ~ "%p''i 1 , ~' r f~ w \ a. ~~f ~ ti~ , 4 ~ ~ ' ~ \ ~ ~±e . ~ ~ `,'~ t`\ FiguTe 2 -Site Y1' ~ ~ ti, '•.~ , Photo 1: Looking northerly along the property boundary adjacent to University Parkway. Photo 2: Looking northerly onto the site from the corner of University Parkway and Kendall Drive LILBURN Site Photographs Planning and Building Services City of San Bernardino, California Figure 3 CORPORA TION 15-5 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The enviromnental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ~ Land Use and Planning px Transportation/Circulation t Public Services t Population and Housing ?x Biological Resources f Utilities ?x Earth Resources r Energy and Mineral Resources t Aesthetics C] Water t Hazards t Cultural Resources ~ Air Quality ?x Noise t Recreation ~x Mandatory Findings of Significance Determination. On the basis of this Initial Study, the City of San Bernardino, Enviromnental Review Committee finds: That the proposed project COULD NOT have a significant effect on the enviromnent, and t a NEGATIVE DECLARATION will be prepared. That although the proposed project could have a significant effect on the environment, there x? will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. That the proposed project MAY have a significant effect on the enviromnent, and an t ENVIRONMENTAL IMPACT REPORT is required. That although the proposed project could have a significant effect on the environment, there t WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signatu Date .mil n e ~P ~~A ~lJ ~ T Printed Name G:/PmjecU570.00/ iS.MAPCO IS-6 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. LAND USE AND PLANNING. Will the ro osal result in: a) A conflict with the land use as I' I' r ~ designated based on the review of the General Plan Land Use Plan/Zoning Districts Ma ? b) Development within an Airport District t I' r ?x as identified in the Air Installation Compatible Use Zone (AICUZ) Report and the Land Use Zonin District Ma ? c) Development within Foothill Fire Zones I' r ?x r A & B, or C as identified on the Land Use Districts Zonin Ma ? d) Other? t I' r f II. POPULATION AND HOUSING. Will the ro osal: a) Remove existing housing (including t r r ?x affordable housing) as verified by a site surve /evaluation? b) Create a significant demand for r r I' O additional housing based on the proposed use and evaluation of project size? c) Induce substantial growth in an area t r t ?x either directly or indirectly (e.g., through projects in an undeveloped area or an extension ofmajor infrastructure)? I G/Projectl570.00/ IS.MAPCO IS_7 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact III. EARTH RESOURCES: Will the proposal result in: a) Earth movement (cut and/or fill) on t t t slopes of 15% or more based on information contained in the Preliminary Pro'ect Descri tion Form No. D? b) Development and/or grading on a slope t ?x t t greater than 15% natural grade based on review of General Plan HMOD ma ? c) Erosion, dust or unstable soil conditions I" x? t f' from excavation, adin or fill? d) Development within the Alquist-Priolo r x? r t Special Studies Zone as defined in Section 12.0-Geologic & Seismic, Fi ure 47, of the Ci 's General Plan? e) Modification of any unique geologic or f' I' ?x r h sical feature based on field review? fj Development within areas defined as r ?x r r having high potential for water or wind erosion as identified in Section 12.0- Geologic & Seismic, Figure 53, of the Cit 's General Plan? g) Modification of a channel, creek or river t I' I' ~ based on a field review or review of USGS Topographic Map San Bernardino. North. h) Development within an area subject to t ?x t t landslides, mudslides, subsidence or other similar hazards as identified in Section 12.0-Geologic & Seismic, Figures 48, 51, 52 and 53 of the City's General Plan? G:/ProjecU570.00/ IS.MAPCO IS-8 January 22. 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact i) Development within an area subject to I' r r ?x liquefaction as shown in Section 12.0- Geologic & Seismic, Figure 48, of the Cit 's General Plan? j) Other? i' r r r IV. WATER. Will the ro osal result in: a) Changes in absorption rates, drainage I I' ?x I' patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by Public Works Standard Requirements to contain and convey runoff to approved storm drain based on review of the ro osed site lan? b) Significant alteration in the course or I I' t x? flow of flood waters based on consultation with Public Works staff? c) Discharge into surface waters or any I' x? t I' alteration of surface water quality based on requirements of Public Works to have runoff directed to approved storm drains? d) Changes in the quantity or quality of I' t t x? otmd water? e) Exposure of people or property to flood I' t r ~ hazards as identified in the Federal Emergency Management Agency's Flood Insurance Rate Map 06071C7940F and Section 16.0-Flooding, Figure 62, of the Cit 's General Plan? f) Other? I I' I' t V. AIR UALITY. Will the ro osal: G:/ProjecU570.00/ IS.MAPCO IS-(~ ]anuary 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) Violate any air quality standard or r 0 I' r contribute to an existing or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook"? b) Expose sensitive receptors to pollutants? r r ?x r c) Alter air movement, moisture, or I' r r 0 I' temperature, or cause any change in climate? d) Create objectionable odors based on r r r ~ information contained in the Preliminary Environmental Descri tion Form? VI. TRANSPORTATION/CIRCULATION. Could the ro osal result in: a) A significant increase in traffic volumes t r ?x t on the roadways or intersections or an increase that is significantly greater than the land use designated on the General Plan? b) Alteration of present patterns of t r ~ r 1 i ? ctrcu at on c) A disjointed pattern of roadway t t r x? im rovements? d) Impact to rail or air traffic? r t r ~ e) Insufficient parking capacity on-site or r t t ?x off-site based on the requirements in Chapter 19.24 of the Development Code? f) Increased safety hazards to vehicles, r ?x r t bic clists or edestrians? g) Conflict with adopted policies t r I' ~ su ortin alternative trans ortation? G:/ProjecU570.00/ IS.MAPCO IS-1 ~ January?2, ?001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact h) Inadequate emergency access or access r t I' t] to nearb uses? i) Other? r r I' r VII. BIOLOGICAL RESOURCES. Could the ro osal result in: a) Development within the Biological I' x? I' i' Resources Management Overlay, as identified in Section 10.0-Natural Resources, Figure 41, of the City's General Plan? b) Impacts to endangered, threatened or rare r r t ?x species or their habitat (including, but not limited to, plants, mammals, fish, insects and birds ? c) Impacts to the wildlife disbursal or I' t I' x? mi ation corridors? d) Impacts to wetland habitat (e.g., marsh, I' t i' x? ri arian and vernal ool ? e) Removal of viable, mature trees based on t ?x t r information contained in the Preliminary Project Description Form and verified by site survey/evaluation (6" or greater trunk diameter at 4N above the ound ? f) Other? t t r r G:/ProjecU570.00/ IS.MAPCO L~-11 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact VIII. ENERGY AND MINERAL RESOURCES. Would the ro osal: a) Conflict with adopted energy r r r ~ conservation lans? b) Use non-renewable resources in a r r r ~ wasteful and inefficient manner? I c) Result in the loss of availability of a r r r ~ known mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Will the ro osal: a) Use, store, transport or dispose of r r r ~ hazardous or toxic materials based on information contained in the Preliminary Environmental Description Form, No. G(1) and G(2) (including, but not limited to, oil, pesticides, chemicals or radiation ? b) Involve the release of hazardous r r r ~ substances? c) Expose people to the potential r r r ~ health/safet hazards? d) Other? r r r r X. NOISE. Could the ro osal result in: a) Development of housing, health care r r r r facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in Section 14.0-Noise, Figures 57 and 58 of the City's General Plan? G:/ProjecV570.00/ IS.MAPCO IS-12 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Development of new or expansion of X existing industrial, commercial or other r ~ r r uses which generate noise levels above an Ldn of 65 dB(A) exterior or an Ldn of 45 dB(A) interior that may affect areas containing housing, schools, health care facilities or other sensitive uses based on information in the Preliminary Environmental Description Form No. G(1) and evaluation of surrounding land uses No. C, and verified by site surve /evaluation? c) Other? r r r r XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the followin areas: a) Fire protection? r r ~ r b) Medical Aid? r r r ?x c) Police protection? r r r ~ d) Schools? r r r ~ e) Parks or other recreational facilities? r r r ?x f) Solid waste disposal? r r D r g) Maintenance of public facilities, r r ?x r includin roads? h) Other governmental services? r r r ?x XII. UTILITIES: Will the proposal, based on the responses of the responsible Agencies, Departments, or Utility Company, impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? G:/ProjecU570.00/ IS.MAPCO IS-13 January 22. 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) Natural gas? r r r x? b) Electricity? r r ~ c) Communications systems? t r t ?x d) Water distribution? t r t ~ e) Water treatment or sewer? r t ?x t f) Storm water drainage? r r ~ I' g) Result in a disjointed pattern of utility r t t ~ extensions based on review of existing atterns and ro osed extensions? h) Other? I' I' I' r XIII. AESTHETICS. a) Could the proposal result in the r r x? r obstruction of any significant or important scenic view based on evaluation of the view shed verified by site surve /evaluation? b) Will the visual impact of the project r r r ~ create aesthetically offensive changes in the existing visual setting based on a site survey and evaluation of the proposed elevations? c) Create significant light or glaze that r r ~ r could im act sensitive rece tors? d) Other? t r r r XIV. CULTURAL RESOURCES. Could the ~ ro osal result in: a) Development in a sensitive t I' I' ~ azchaeological area as identified in Section 3.0-Historical, Figure 8, of the Cit 's General Plan? G:/PmjecU570.00/ IS.MAPCO IS-14 7anuary 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) The alteration or destruction of a I' t ?x I' prehistoric or historic archaeological site by development within an azchaeological sensitive area as identified in Section 3.0-Historical, Figure 8, of the City's General Plan? c) Alteration or destruction of a historical i' I' I' x? site, structure or object as listed in the City's Historic Resources Reconnaissance Surve ? d) Other? t t I' I' XV. RECREATION. Would the ro osal: a) Increase the demand for neighborhood or r t t x? regional pazks or other recreational facilities? b) Affect existing recreational t r r ~ 0 ortunities? XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to r ?x t t degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California histo or rehisto ? b) Does the project have the potential to I ?x r r achieve short-term, to the disadvantage of Jon -term, environmental oals? c) Does the prof ect have impacts that are I' I ~ r G:/ProjecV570.00/ IS.MAPCO IS-15 January 22, 2001 • CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of robable future ro'ects. d) Does the project have environmental r t r ~ effects which will cause substantial adverse effects on human beings, either directly or indirectly? cavroieouno.ooi Js.mnrco IS-16 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY REFERENCES. The following references cited in the Initial Study are on file in the Planning and Building Services Department/Public Works Deparhnent. 1. City of San Bernardino General Plan. 2. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map. 3. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code). 4. City.of San Bernardino Historic Resources Reconnaissance Survey. 5. Alquist-Priolo Earthquake Fault Zones Map. 6. South Coast Air Quality Management District, CEQA Air Quality Handbook. 7. Federal Emergency Management Agency, Flood Insurance Rate Maps. 8. Public Works Standard Requirements -water. 9. Public Works Standard Requirements -grading. 10. Archaeological Assessment, prepared by Archaeological Associates, Revised March 1999. 11. Biological Resources Survey, prepared by Lilburn Corporation, March 1999. 12. Traffic Study, prepared by Katz, Okitsu & Associates, December 2000. 13. Preliminary Geotechnical Investigation (and subsequent addendums), prepazed by Terra GeoSciences, January 1998. 14. Landslide Evaluation, prepared by Terra GeoSciences, dated December 1998. 15. Geotechnical Update, prepared by WAC Geotechnical Inc. dated October 6, 2000. 16. Fuel Modification Plan, prepazed by Wildfire Aware, September 2000. I G:/Projectl570.00/ [S.MAPCO IS-17 January 22, 2001 CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY DISCUSSION OF IMPACT LEVELS AND MITIGATION MEASURES I. LAND USE AND PLANNING a) The project sponsor is proposing the development of a restaurant/retail complex, a drugstore, two fast food restaurants with drive-thru capability, and an in-line food court. The westerly portion of the site is currently zoned CG-3, Commercial General, while the easterly portion is RL, Residential Low. The General Plan Amendment is requested to change the RL designation to CG to zone the entire site CG- 3 to accommodate the proposed commercial uses. The proposed project is compatible with development in the surrounding area which is both multi- family and single-family residential and commercial (see Table 1). University Pazkway is the primazy route of access for CSUSB, and is therefore a prime location for food use and convenience services as proposed by the project. No significant impacts to land use will result from the proposed project. b) The proposed project is not within an Airport District as identified in the Air Installation Compatible Use Zone (AICUZ) Report and the Land Use Zoning District Maps. The closest airstrips or airports are located approximately 8 miles to the southwest (San Bernardino International Airport, former Norton Air Force Base) and approximately 5 miles to the west (Rialto Municipal Airport). There aze no significant project-related impacts associated with airports or airfields. c) The project site is located in Fire Hazazd Zone C -Moderate Fire Hazard, as shown on City of San Bernardino General Plan (CGP) Figure 61, and portions of the site were burned in 1980 (CGP Figure 60). A Fuel Modification Plan has been prepazed by Mr. John Hatcher, Wildfire Awaze. The Fuel Modification Plan (FMP) addresses the over-all wildland fire hazazds and associated risks that may threaten life and property of the proposed development. From a fire protection perspective, the azea of concern is the hillsides north of the project site, the remainder of the surrounding area is developed. The FMP has been approved by the Fire Marshal dated October 5, 2000; recommendations will be incorporated into the landscaping and slope revegetation plans for the project. The Plan identifies a Fuel Modification Zone which includes the following components: • A wildland fire hazard rating assessment and expected fire behavior ofoff--site and on-site native vegetative fuels; • Along term "firewise landscaping" and fuel modification treatment plan to be implemented by azound the periphery of the proposed development; and • Building design and construction criteria. II. POPULATION AND HOUSING a) The project site is undeveloped. The proposed project will not result in the removal of any existing housing, and therefore, no impacts to housing will occur. b) The proposed project will not create a significant demand for additional housing. The proposed project is the last remaining undeveloped parcel at the intersection of University Parkway and Kendall Drive. G/ProjecU570.00/ IS.MAPCO IS-18 7anuary 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Typical development in the surrounding azea includes apartment communities, single-family neighborhoods, and neighborhood and service oriented commercial development that provides goods and services for the residents and University students. c) As one of the last undeveloped parcels in the immediate azea, the proposed project is not growth inducing, either directly or indirectly. No additional housing will be provided, and no major infrastructure expansion is necessary in order to serve the project. III. EARTH RESOURCES The San Bernardino region lies within a natural geomorphic province in California known as the Peninsular Ranges. The project site is included in asub-structural unit of the Peninsulaz Ranges known as the San Bernardino Valley Block. This Block is essentially a depressed region bounded by the faults to the northeast (San Andreas), the southwest (San Jacinto) and south (Banning). The site lies in the northwestern portion of the Block, in the upper reaches of the San Bernardino Valley. The San Bernazdino Valley has been formed by a series of coalescing alluvial fans from the surrounding highlands, of which the Cajon Creek and other lesser tributaries have contributed to the majority of the alluvial deposition in the vicinity of the site. Alluvial and coazse-grained deposits, originating from degradation and slope wash of the hillside, have settled on the site. a/b) The lower portion of the site ranges from 3 percent to 10 percent slope, while the degree of slope increases rapidly towards the hillside to 50 percent or more. Grading to accommodate development of the site traverses to the peak of the hillside (approximately 160-feet in length and up to 47-feet in depth) in two separate locations. Therefore, grading is proposed on slopes of greater than 15 percent. Any portion of the site that contains a natural slope of 15 percent or greater is included within the Hillside Management Overlay District (HMOD). The standazds contained with the HMOD apply to all development within the district, and are in addition to the underlying zoning designation, which in this case is CG-3. Within the HMOD the proposed grading must retain the natural landform chazacter of the site. Grading of the hillsides shall be accomplished based on the requirements of the HMOD: ER-1 Grading of slopes in excess of 15 percent shall conserve the natural topographic features and appearances by means of landform sculpturing to blend the graded slopes and benches with the natural topography. ER-2 The proposed grading scheme shall retain the major natural topographic ridgelines and canyon features of the hillside through contour grading techniques. ER-3 An Interim Erosion Control Plan, specifically addressing slope grading, shall be certified by the project engineer and approved by the Public Works Division. 'I ER-4 Slopes created by grading shall not exceed 2H:1 V (50 percent slope) without the approval ~I G:/ProjecU570.00/ IS.MAPCO 15-19 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY of a soils report and slope stabilization study, or as approved by the Public Works Division, where it is determined that graded slopes will result in a natural appearance and will not create geological or erosion hazards. Grading of the proposed hillside was reviewed by WAC Geotechnical Inc. (October 2000). The report concluded that conventional grading equipment can be used to make the necessary cuts, and given the prevailing structural orientation of the schist, and the similar gradient of the natural slope as compazed to the proposed 2:1 maximum graded slope, that the proposed slopes aze considered to be geologically stable. c) The site is underlain at depth and along the hillside by metamorphic bedrock, locally referred to as the Pelona schist. Surficially along the lower portions of the site, several alluvial units of varying composition and depositional nature are present. These materials include alluvium, debris fan deposits and Pelona schist. Alluvium: The alluvium is confined to the lower elevations of the site. The alluvial materials are comprised of interbedded fine- to coarse-grained sands, gravelly sands, and cobbly sands. The total thickness of the material is not known, but is underlain at depth by bedrock materials. Debris Fan Deposits: The sediments found along the small canyons and the base of the hillsides are weathered bedrock materials and colluvial soils that have been inter-mixed and deposited by debris flows, slope wash, and landsliding, and normal soil erosion processes. These materials aze composed of massive, fine- to medium-grained gravelly silty sands and were noted to be a uniform depth (approximately 33-feet) explored across the site. Pelona Schist: Forming the hillsides across the site is metamorphic bedrock, comprised of thinly- foliated, fine-grained schist, locally referred to as Pelona schist. The bedrock is exposed along numerous locations along the hillsides and was found to be highly weathered and intensely fractured. This unit was locally weak, crumbly, and very friable. Numerous landslides and slumps were observed within the bedrock (refer to III.h.). The azeas of proposed building support (building footprint) will require removal of loose alluvial soil to competent in-place, field-approved dense alluvial materials. It is anticipated that removal depths will range from 5 to 7 feet. The following mitigation is recommended by WAC Geotechnical Inc. in their evaluation dated October 2000: ER-5 Pad cut areas shall be over-excavated a minimum of 5-feet and scarified 12-inches and compacted with void replacement of compacted fill to insure a uniform fill mat for building support. All proposed footings shall have a minimum of 36-inches of fill below base of footing. The geotechnical engineer will predicate actual depth of removals upon exposed field conditions. All fill shall be placed under the observation and testing of a soils engineer and as noted in the "Earthwork/General Grading Recommendations" in the report prepared by WAC Geotechnical Inc, October 2000 (or subsequent reports approved by the Public Works Division). G:/ProjecU570.00/ IS.MAPCO IS-20 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY ER-6 For adequate support of all proposed structures, the footing and foundation recommendations as outlined in the Geotechnical Update prepared by WAC Geotechnical Inc. dated October 2000 (or subsequent reports approved by the Public Works Division). Dust will be generated during grading of the site. Regular watering on a daily basis as required to reduce dust hazazds will occur during conshuction in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. Rule 403 requires implementation of best available fugitive dust control measures during active operations with additional measures implemented under high wind conditions. See Air Quality for further discussion of fugitive dust control. High wind affects dust generation characteristics and creates the potential for off-site air quality impacts, especially with respect to airborne nuisance and pazticulate emissions. The potential exists for wind erosion of the disturbed soils during periods of high winds. Minimizing wind erosion potential of the undeveloped phases of the site will be achieved through temporary landscaping and soil binders. Compliance with SCAQMD Rule 403 and mitigation measure AQ-1 in Section V.a. will ensure that potential erosion of soils, will remain less than significant. d) The City of San Bernazdino is situated in a seismically active region where numerous faults, capable of generating moderate to lazge earthquakes, are located. The San Andreas fault traverses the City in anorthwest-southeast direction along the foothills of the San Bernardino mountains. The project site is located approximately 1'/o miles southerly of the San Andreas fault system. The Glen-Helen and San Jacinto faults also traverse the City in anortheast-southwest direction through Cajon and Lytle Creeks. The project site is approximately 1'/z miles northerly of the Glen-Helen fault system. As noted in the Geotechnical Investigation prepared by Teaa GeoSciences (January 1998), Fife (1976) previously delineated a possible fault to traverse the northern flank of the bedrock ridge at the site, although it is not known to traverse through the proposed project site. Deep buried faults may be present near the margins of the elevated bedrock ridges in the northern San Bernardino Valley (such as the hill present on the subject site), although none have been positively identified or assessed for activity levels. Both fault zones are located within anAlquist-Priolo Special Study Zone, a designation given when surface rupture may occur in the immediate vicinity due to movement along these faults. The project site is located outside the limits of the Alquist-Priolo Special Studies Zones for the San Andreas and the Glen-Helen/San Jacinto faults, as defined in the City's General Plan (reference Figure 47 of the City of San Bernardino General Plan); therefore, surface rupture is not likely to occur on the site. However, the vicinity is likely to experience peak ground acceleration from a maximum credible earthquake of magnitude 8.5 on the San Andreas Fault and 7.5 from the San Jacinto fault (reference Figure 46, of the General Plan). Due to the likelihood of earthquakes to occur within either of the large fault zones, the City requires that projects such as this include asoils/geotechnical study to determine the impacts likely to occur G:/Projecd570.00/ IS.MAPCO IS-21 7anuary 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY on a specific project site. A Geotechnical Investigation has been prepazed by Terra GeoSciences and Updated by WAC Geotechinal Inc. Recommendations of those investigations aze incorporated in the design and construction of the structures. Groundshaking is due to seismic waves emanating from the epicenter after initial movement on the fault. Groundshaking will impact structures during earthquakes. The magnitude of the impact is related to the construction of the building and its foundation. The City has adopted seismic performance standazds for all new construction. The building proposed on-site would be constructed in conformance with the Uniform Building Code and any additional performance standards adopted by the City. It is anticipated that major earthquake groundshaking will occur during the lifetime of the proposed project from the either the San Andreas or the Glen-Helen faults. With adherence to the recommendations made by the geotechnical engineer, potential significant impacts associated with earthquakes in general would be less than significant. The following mitigation measure shall be implemented: ER-7 Site grading and preparation of areas that will support structures shall be in conformance with the recommendations made by the soils/geotechnical engineer preparing the investigation of the site prepared by WAC Geotechnical Inc. dated October 2000 (or other subsequent study required by the City of San Bernardino Public Works/Engineering Division). e) The proposed project includes the grading of two ridgelines which are prominently visible in the immediate azea. With implementation of Mitigation Measures outlined in IILa/b the resulting impact of the graded slope face will be less than significant. ~ The site is located in an area identified as having High Potential for Water erosion (CGP, Figure 53). The potential for adverse water erosion impacts will be maintained at less than significant levels through the development and implementation of an erosion control plan prior to commencement of construction activities. The erosion control plan shall contain but not limited to, the following measures: ER-8 An erosion control plan shall be prepared and implemented for the proposed project that identifies specific erosion control measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through grading completion. This erosion control plan shall include the following measures at a minimum: a. Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California. b. An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. g) No modification to any natural streams or creeks, as identified on the San Bernardino North, Calif. USGS Quad Map, will occur. G:/Pmjecf/570.00/ IS.MAPCO IS-22 January 22.2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY h) Regional subsidence due to water extraction has historically occurred in the southern and central portions of the City largely due to the extraction of water. Subsidence is not considered a problem at the location of the proposed project (CGP, Figure 51). Landsliding can occur during an earthquake in areas where there are extreme changes in elevation such as in the foothills or mountain areas. The site is identified as an area susceptible to landslides (CGP, Figure 52). Scattered across the hillsides at and adjacent to the project site are numerous landslides/slumps (Geotechnical Investigation, prepared Terra GeoSciences, January 1998). The majority of the slides azea noted to be shallow and characterized by both debris flow components and soiUrock creep. The Pelona schist (as described above) is the most landslide prone and the most easily distortable basement rock of the Inland Valley region. No lazge gross or deep-seated landslides were observed at the site; however, based on the local geomorphic features, most landslides in the Pelona schist are small (less than 6-feet thick), and commonly have no definition of the toe or distal margins. However, due to the number of landslides observed at the site and the nature of the materials as described in the Geotechnical Investigation prepared by Terra GeoSciences, and summarized herein, the following mitigation is recommended (Landslide Evaluation prepared by Terra GeoSciemces, December 1998): ER-9 Construct an impact wall, deflection wall or the equivalent along the perimeter of the toe of the natural slopes. Such a wall shall be designed by a civil and/or structural engineer, based on anticipated slide thickness, slope angles, velocities, and other factors deemed necessary for proper analysis. i) Groundwater was not encountered within the exploratory borings or trenches to depths of up to 36.5- feet. The project site is located within the Bunker Hill Basin, which is a sub-unit of the greater Upper Santa Ana Valley Groundwater Basin in Southern California. Based on groundwater contour data (Geotechnical Investigation, January 1998), the depth to the expected ground water table is approximately 90-feet. Liquefaction is a phenomenon that occurs when strong eazthquake shaking causes soils to collapse from a sudden loss of cohesion and undergo a transformation from a solid state to a liquefied state. This happens in azeas where the soils aze saturated with groundwater. Loose, soils with particle size in the medium sand to silt range are pazticulazly susceptible to liquefaction when subjected to seismic groundshaking. Affected soils lose all strength during liquefaction and failure of building foundations can occur. The project site is not located within an azea of Liquefaction Susceptibility, Figure 48, of !i the General Plan. ' IV. WATER a) The project will result in changes to absorption rates, drainage patterns, and the amount of surface runoff due to the proposed site improvements and facilities, including buildings and paved surfaces. Proposed site improvements include a Sav-On drug store, arestaurant, an in-line food court and two fast food restaurants, with building area totaling 37,804 square feet. The proposed plans for drainage must be approved by the City of San Bernardino Public Works Division. caa~oie~uno.ooi ~s.Mnrco IS-23 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY b/c/d) The site lies at the northwest corner of Kendall Drive and University Pazkway. Storm water collected on-site is diverted to an existing storm drain system in Kendall Avenue. Improvements to the project site include curbs, gutters and swales as necessary to drain the site, including inlets, catch basins and storm drain connection to the existing 45-inch storm drain located within Kendall Avenue, and continuing southerly on University Pazkway in existing 48- and 52-inch storm drains. To ensure that potential impacts associated with flooding and stonnwater conveyance are less than significant, the following measure will be implemented: W-1 A site specific drainage study which meets the standards of the City of San Bernardino Public Works Division will be prepared by a Civil engineer. All recommendations from this analysis, including facilities necessary to mitigate drainage impacts, shall become conditions of project development and shall be incorporated in all grading and site improvement plans. e) The site is not located within a 100-year Flood Zone as identified in Figure 62 of the General Plan. The 100-year flood-plain, is typically confined to creeks and channels, under jurisdiction of the San Bernazdino County Flood Control District. V. AIR QUALITY a) Air quality is affected by both the rate and location of pollutant emissions and by meteorological conditions which influence movement and dispersal ofpollutants. Atmospheric conditions such as wind speed, wind direction, and air temperature gradients, along with local topography, provide the link between air pollutants and air quality. The project is in the northeast portion of the South Coast Air Basin (SCAB), which includes Orange County, and portions of Los Angeles, Riverside, and San Bernazdino counties. The SCAB is an area of 6,600 square miles bounded by the Pacific Ocean to the west and the San Gabriel, San Bemazdino, and San Jacinto mountains to the north and east. The mountains which reach heights of up to 11,000 feet above mean sea level (msl), act to prevent airflow and thus the transport of air pollutants out of the basin. The San Bernardino Valley portion of the SCAB is designated non-attainment for nitrogen dioxide, sulfates, particulate matter, and ozone. The criteria pollutants identified in the SCAB that would be associated with the proposed project include: - Ozone (O,) - Carbon monoxide (CO) -Nitrogen dioxide (N02) -Particulate matter (PM,p) -Sulfur dioxide (S02) - Reactive Organic Compounds (ROC) SCAQMD adopted the Fina11994 Air Quality Management Plan (AQMP) revision in September 1994 G:/Projectl570.00/ IS.MAPCO 15-24 January 22, 2001 CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY and a draft 1997 update in August 1996 to establish a comprehensive control program to achieve compliance with federal and state air quality standards for healthful air quality in the SCAB. The Final AQMP was adopted by the AQMD Board in November 1996 and has since been approved by the California Air Resources Board (GARB). The AQMP policies serve as the framework for all control (pemritting) efforts in the SCAB as enforced by the SCAQMD for stationary sources. GARB regulates mobile sources. The applicant is proposing 37,804 square feet of retaiUrestaurant space, consisting of a Sav-On drug store, one restaurant, an in-line food court, and two fast food establishments. The project also includes paned parking and circulation azeas. The development will occur on approximately 26.7 acres of land. The project would not exceed emission standards for energy consumption or operations based on its physical characteristics or operation. Due to the minor amounts of equipment, material, and low volumes of traffic, significance thresholds aze not exceeded. Fugitive dust generated by construction activities would add to the ambient PM,o levels but should not exceed SCAQMD threshold of 1501bs/day with mitigafion. Implementation of the following mitigation measures will ensure impacts form fugitive dust generation during construction activities will be less than significant and will aid the City in meeting General Plan Policies 10.10.2 and 10.10.4. Policy 10.10.2 Require dust abatement measures during grading and construction operations. Policy 10.10.4 Cooperate with the South Coast Air Quality Management District and incorporate pertinent local implementation provisions of the Air Quality Management Plan. AQ-1 Implementation of SCAQMD Rule 403 and standard construction practices during all operations capable of generating fugitive dust, will include but not be limited to the use of best available control measures, including: 1) Water active grading areas and staging areas at least twice daily as needed; 2) Ensure spray bars on all processing equipment are in good operating condition; 3) Apply water or soil stabilizers to form crust on inactive construction areas and unpaved work areas; 4) Suspend grading activities when wind gusts exceed 25 mph; 5) Sweep public paved roads if visible soil material is carried off-site; 6) Enforce on-site speed limits on unpaved surfaces to 15 mph; and 'n Discontinue construction activities during Stage 1 smog episodes. b) Some land uses and/or individuals are considered more sensitive to air pollution than others due to the types of population groups and activities involved. Sensitive population groups include children, the elderly, residential azeas, and recreational land uses. The project site is located in an area of mixed land uses along Kendall Drive and University Parkway, which is the primary route for students and visitors to CSUSB. Land uses within the general vicinity include both single- and multi-family residential, and neighborhood commercial. Single-family residences aze located on the south side of Kendall Drive, directly across the street from the proposed project site. The short-term nature of the construction, in light of the degree of development activity that has previously occurred in the azea, will not negatively impact the local residents because implementation of SCAQMD Rule 403 will reduce the amount of G:/ProjecU570.00/ IS.MAPCO 15-25 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY fugitive dust generated. c/d) The local climate can be classified as Mediterranean with hot and dry summers and short, warm and relatively dry winters. Temperatures range from a low of 32 degrees Fahrenheit (° F) in the winter to a high in excess of 100° F during the summer. Mean annual temperature is 65° F. Average annual precipitation for the area is 18 inches, which is almost exclusively rain (City of San Bemazdino, 1996). The proposed project will not significantly alter air movement, moisture, or temperature, or cause any change in climate. The project is too small in scale to alter area temperature, moisture, or air movement. As development of an infill parcel, the operational emissions will be compatible and similaz to like uses in the immediate azea. Odors aze likely to be generated from the restaurant uses, particularly activities similar to charbroiling that have distinctive odors associated with operation. Similaz restaurant uses are prevalent in the immediate area, particularly along University Parkway. The in-fill nature of the development of this parcel will not create new or unusual uses to the surrounding azea. VL TRANSPORTATION a) A Traffic Study specific to the proposed project has been prepared by Katz, Okitsu & Associates, December 2000. The proposed project will add 9,006 daily trips, including 621 trips during the morning peak hour, and 565 trips during the evening peak hour, to the nearby roadway system. Approximately 20-percent of these trips will bepass-by trips (those trips already occurring on area roadways that will be diverted into the site). Potential traffic impacts for the proposed project were analyzed at four nearby intersections -University Parkway at Kendall Drive, University Parkway at West Northpazk Boulevard (located northerly of the site at the entrance to CSUSB), Kendall Drive at I Cambridge Place (located on the southerly side of Kendall Drive providing access into the single- family neighborhood), and at the project entrance on University Parkway. The analysis of existing peak hour intersection conditions found that all study intersections are currently operating at an acceptable level of service. Future traffic conditions were also forecast for the project opening. It was again found that all intersections will continue to operate at an acceptable level of service in the near-term. However, by 2010, the intersection of University Parkway at Kendall Drive would operate at an unacceptable level of services with or without the project. All analysis provided is based on the concept of "Level of Service". This is basically a report cazd scale ranging from A to F which describes the varying conditions on a roadway during a specific interval of study. For example, Level of Service (LOS) A refers to light traffic, excellent traffic flow; LOS C refers to moderate traffic flow, with insignificant delay; and LOS E refers to sever congestion and delay, and LOS F refers to a failed system, traffic levels cannot be handled. The City of San Bernardino has adopted LOS D as the poorest acceptable level of service for signalized intersections. This would be the recommended minimum acceptable level of service. Existing Conditions University Parkway is a 6-lane divided arterial street mmiing north/south adjacent to and east of the project site. It provides three through lanes both northbound and southbound, plus left turn lanes at G:/Pr°jecU570.00/ IS.MAPCO IS-26 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY intersections in the vicinity. It is heavily used by visitors, students and staff of CSUSB, as well as nearby residents and other employers. Kendall Drive is afour-lane arterial street n,nning east/west adjacent to and south of the project site. It provides two-lanes in both directions and has a painted median. No street parking is permitted in the vicinity of the site. Northpark Boulevard is a four-lane divide-collector street running along the edge of CSUSB, it is approximately'/< mile north of the project site, bordered by CSUSB on the north and residential areas neighborhoods to the south. Cambridge Street is a local street that forms a "T" intersection with Kendall Drive about 600-feet west of University Parkway. At the intersection, Cambridge Street is controlled by a stop sign, while Kendall Drive is uncontrolled. The street has no striping or medians, and it is intended as access for residents of the immediate neighborhood. Existine Traffic Volumes Traffic conditions along urban and suburban roadways are most significant during peak hours at signalized intersections, therefore traffic is analyzed at these intersections. Traffic from the proposed project could potentially affect one nearby signalized intersection -University Avenue at Kendall Drive. Traffic conditions at unsignalized intersections can also become significant. Traffic conditions can become especially significant at stop sign approaches to major cross streets. Conditions at unsignalized intersections are normally evaluated to determine if traffic signals or other intersection controls will be required. These analyses are based upon traffic conditions during the 8 hours of the day when traffic volumes are highest on the intersecting streets. Traffic from the proposed project could affect a single existing unsignalized intersection -Kendall Drive at Cambridge Street; as well as the proposed driveway entrance into the proposed project on University Parkway. Existing levels of service are: University Parkway/Kendall Drive AM Peak Hour/I,OS D PM Peak Hour/LOS D University Parkway/Northpark Blvd AM Peak Hour/LOS B PM Peak Hour/LOS C Kendall Drive/Cambridge Street AM Peak Hour/LOS B PM Peak Hour/LOS B Proiect Trip Generation Project-related traffic generation is a function of the extent and type of development proposed for the site. This information is used to establish traffic generation for the site. Since the site is vacant, it was assumed that the current level of traffic generated at the site is zero. Trip generation characteristics for proposed projects are normally estimated based on rates published in Trip Generation, Sixth Edition published by the Institute of Transportation Engineers (fI'E). The Traffic GlPmjectl570.00/ IS.MAPCO IS-27 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Study analyzes trip generation and proj ect-related traffic volumes; in summary the total number of daily trips anticipated for the project is 9,006. A portion of trips into amixed-use development are "pass-by" trips that aze already on the roadway adjacent to the proposed project. The pass-by trips aze experienced fully at the site driveways; and do not result in increases on through roadways in the vicinity of the project. For the proposed project, 20-percent of the trips have been identified aspass-by. The Traffic Study indicates that other regional transportation planning studies have detemuned that over 80-percent of all trips related to retail commercial developments are "linked" trips. The "linked" trips aze defined as any trip that would be made, regardless of development of the proposed project. The trip is simply attracted, or "linked", to the project site. This demonstrates the principle that residents must make shopping trips, and any retaiUcommercial project can become a destination for these trips. The linked trip concept is significant along University Parkway, since much of the traffic on this roadway is made by university students. Many of these existing trips are being made to other shopping destinations, if the proposed project is constructed, some of these trips will be diverted to the proposed project. Project Impacts Traffic impacts are identified if the proposed project will result in a significant change in traffic conditions on a roadway or intersection. A significant impact is normally defined when project-related traffic would cause a level of service to deteriorate to below the poorest acceptable level by a measurable amount. In the neaz future, project-related traffic impacts would affect the intersection of University Parkway at Kendall Drive in the morning peak hour, resulting in a LOS E; and in 2010 project related impacts would again affect the intersection of University Pazkway at Kendall Drive, resulting in AM peak hour LOS F, and PM peak hour LOS F. Mitigation measures aze required if development of the proposed project will result in unacceptable traffic conditions. The intersection of Kendall Drive and Cambridge Street would require signalization to achieve an acceptable level of service. The demand is due to both the project and traffic from the residential neighborhood south of Kendall Drive. A signal warrant summary is included in the Traffic Study. TRA-1 The project applicant shall contribute a fee equal to 75 percent of the cost of the traffic signal at Kendall Drive and Cambridge Street. The estimated mitigation fee is $75,000. The City shall place this signal project on the Capital Improvement Program to enable future funding of the City's 25 percent contribution toward the cost of the signal. The intersection of University Pazkway and Kendall Drive is projected to operate at LOS E with the eak hour in the near future• and it is a ected too erate at LOS F with or without ro~ect in the momin , P J g P xP P the project by 2010. The left-turn volumes for traffic south bound on Kendall Drive at University Parkway aze expected to be over 500 vehicles per hour in the morning peak hour and over 300 vehicles per hour in the afternoon peak hour in the near future. These volumes are expected to increase to well in excess of that by 2010. The intersection will need two left-turn lanes in both directions on Kendall Drive in order to operate at an acceptable level of service with or without the project. With the left-turn lanes the intersection would operate at LOS D in 2010 during both peak hours. G:/Projectl570.00/ IS.MAPCO IJ-20 January?2, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY The recommended dual left-turn lanes aze included as part of the proposed project. However, signal modification is required in order to mitigate the project's impact on the intersection by improving the level of service for both directions of traffic. TRA-2 The traffic signal upgrade at University Parkway and Kendall Drive shall be jointly funded (50/50) by the City and the project proponent. A portion of the traffic system mitigation fee for this project will be applied as a credit towards the developers cost of the signal upgrade. With the recommended mitigation measures to improve traffic conditions, the LOS of the intersection of University Parkway at Kendall Drive, including the proposed project, both in the near future and in 2010 are LOS D both in the morning and afternoon peak hours. b) Trip distribution is the process of identifying routes and directions that project-related traffic will utilize i to drive to and from the site. The distribution is based on the existing land uses in the project area and ', the likely routes that patrons of the new center would take to access the site. The Traffic Study analysis indicates that 30 percent of the patrons will come ofd of Kendall Drive, 45 percent will come off of University Pazkway, 20 percent will access the site from University Pazkway via Northpazk Boulevazd, and the remaining 5 percent of the patrons will access the site from Kendall Drive via Cambridge Place. The proposed project will not result in altering the present pattern of circulation in the vicinity of the project. c) The proposed project will not change the basic paths or patterns of circulation in the immediate area, and will not create any disjointed roadway improvements. d) The project will not impact rail or air traffic. The nearest airport or airstrip to the project site is the San Bernardino International Airport (former Norton Air Force Base) located approximately 8 miles to the southeast; and the Rialto Municipal Airport, located approximately 5 miles southwesterly. The nearest passenger railroad operation is the Amtrak Station at 3'~ Street and Mt. Vernon approximately 5 miles to the south. The project will not stimulate any activity that would place demands on rail or air traffic, nor interfere with their operations. e) All parking for the proposed project will be provided on-site, however, much of the pazking is provided within the Edison easement that traverses the site. A Variance application has been submitted to acknowledge the parking provided within the easement, which is required to meet the basic parking requirements for all uses within the proposed project. Parking spaces for the project were designed to comply with the requirements of Chapter 19.24 of the City of San Bemazdino Development Code. f) The Traffic Study provides an analysis of the left-turn lane into the site from University Pazkway, by removing a portion of the existing raised median. Several safety concerns have been identified that aze discussed in the Traffic Study and summarized herein. Left-turn Lane on University Parkway/Median Break G/ProjecU570.00/ IS.MAP(D IS-29 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Sight Distance: The first safety concern expressed pertains to the sight distance at the proposed left turn pocket and driveway. There is both a horizontal and vertical curve southbound on University Parkway approaching the driveway location. The sight distance for vehicles that would be waiting at the driveway location is approximately 700-feet, which is substantially more than is required for comer sight and stopping distance at 60 miles per hour speed, according to the Caltrans Traffic Manual. Queuing Distance: The next safety concern pertains to vehicles queuing for the left-turn signal blocking through traffic southbound on University Parkway; and whether vehicles queued at the intersection of University Parkway at Kendall Drive would block access to the driveway. Incorporating the intersection improvements proposed in conjunction with this project, queuing on University Avenue southbound, in the near term, is forecast to require approximately 320 feet in the near term, and with forecasted growth, in 2010 the queue length would grow to require approximately 408 feet. The proposed driveway is shown on the Site Plan dated 9/14/00 is approximately 450 feet north of Kendall Drive, which technically provides adequate length to accommodate the anticipated queuing with proposed roadway improvements, and proper signal coordination. However, the Traffic Report does state that queuing past the driveway may be a problem in the future (beyond 2010), unless mitigation is provided. In conclusion, allowing the median island opening to accommodate the left-turn lane requires not only the technical evaluations as provided in the Traffic Study, but an evaluation of policy issues related to circulation and access requirements of University Parkway both to the City and CSUSB, as determined by the Planning Commission or Common Council. Such policy discussions aze outside of the technical analysis as required by CEQA. University Parkway/Acceleration-Deceleration Lanes The Traffic Study also provides an analysis of the use of an acceleration and/or deceleration (right-turn lane) at the proposed driveway on University Parkway. The deceleration, or right-turn lane, is recommended by the Study as an appropriate design element of the project. TRA-3 Provide a deceleration, or right-turn lane, at the driveway on University Parkway into the project site, in accordance with Public Works Division Standards. However, as the Study describes in detail, the acceleration lane is not recommended under the specific conditions at this site. Acceleration lanes aze intended to induce traffic to enter the traffic stream without waiting for a traffic gap, and aze used effectively when a long distance is provided for appropriate merging into the traffic stream. However, they do not function properly when the driveway is too close to an intersection, or when vehicles may need to cross to the inner lanes quickly after entering the acceleration lane. According to Caltrans Design Standards a minimum of 540 feet is required for an effective acceleration lane, at this site approximately 450 feet is available. The acceleration lane is not recommended by the analysis in the Traffic Study, due to these and other functional safety concerns. G:/ProjecdS~0.00/ IS.MAPCO 15-30 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY g) Due to the nature of the prof ect, site activities and transportation methods will not conflict with adopted policies supporting alternative transportation. h) Project design includes adequate emergency access on-site. Design plans for the project have been reviewed and approved by the City Fire Marshal, and aze incompliance with the City's Development Code. VII. BIOLOGICAL RESOURCES a-c) The majority of the site is characterized as a portion of Wiggins Hill, a northwesUsoutheast trending foothill with exceedingly steep, southerly and southeasterly exposed slopes. The development of the site will occur on the relatively level (approximately 5 percent slope) areas that aze adjacent to the perimeter roadways. However, in order to accommodate the proposed project, grading is proposed along two ridgelines that encroach into the azea of proposed development. On-site vegetation is predominately non-native grasses and other introduced species which includes scattered elements of the previous sage scrub community. Disturbance of the site includes an abandoned water tank pad and valve box, dumped fill material, an SCE tower, pad and associated access road, a fire break, discarded household debris and evidence of prior weed abatement (disking) activity. The project site is partially within a biological Resource Management Overlay (CGP Figure 41). A Biological Resource Survey was prepared by Lilbum Corporation, the field survey was conducted in February 1999, and the report is dated March 1999/August 2000. The site survey was conducted to ascertain suitable habitat for sensitive species, including the San Bemazdino kangazoo rat (Dipodomys merriami parvus), Quino checkerspot butterfly (Euphydryas editha quino), Santa Ana River wooly- star (Eriastrum densifolium sanctorum), and slender-horned spine flower (Dodecahema leptoceras). In addition to the sensitive species, the biological resources survey included other sensitive biological resources such as alluvial fan scrub and wetland habitat. Ruderal (weeds) non-native annual grassland is the dominant plant community on the site. The site contains isolated chamise, buckwheat and squaw bush. The non-native annual grassland includes red brome, telegraph weed, ripgut brome, slender wild oats, Mediterranean grass, and short-podded mustard. The buckwheat scrub stands include flat-top buckwheat, California sagebrush, and deerwood. The buckwheat scrub occurs in very isolated, poor quality stands that have experienced disturbance due to off-road usage and a large degree of trespassing over the site, evidenced by litter, dumping and "hillside graffiti" (using rocks to form words or letters). Wildlife activity was low on the entire site due to limited available habitat variety and poor quality. Species observed included mourning dove, Audubon's cottontail, Botta's pocket gopher and Beechey ground squirrel. No evidence of sensitive plant or animal species was observed on the site, and none aze expected to occur due to the highly disturbed nature of the site and urban surroundings. The chamise, buckwheat and squaw bush are scattered throughout the highly disturbed areas, and they do not represent significant stands. Nevertheless, due the grading of the natural hillside terrain, the following mitigation measure will mitigate the loss of native vegetation on the site: G:/ProjecU570.00/ IS.MAPCO l.S-31 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY BIO-1 The project proponent shall revegetate graded slopes with native species as recommended by a qualified biologist, as approved in the Fuel Modification Plan. b) No riparian habitat or jurisdictional drainages occur on-site. d) The project site contains several mature trees along the street frontages, along with two trees on the site. Two palm trees are located along the Kendall Drive frontage, seven Mondel Pines are present along University Parkway, planted as streetscape beautification, and one additional palm and one eucalyptus variety are present in the area near the northeasterly portion of the development area. The development plan indicates that at least one Mondel Pine must be removed to make way for the drive approach and acceleration/deceleration lanes, however, additional Mondel Pines will added to this streetscape; the two palms along Kendall Drive will be removed, replaced by streetscape landscaping which includes Mondel Pine and Purple Leaf Plum; the remaining two trees on-site will be removed to accommodate proposed development, however, landscaping on-site include trees to shade parking areas and accent building frontages. BIO-2 The applicant shall obtain a Tree Removal Permit concurrent with project approval for the anticipated removal of Mondel Pines along University Parkway, three palm trees and one eucalyptus tree on the site, in conjunction with the proposed development in accordance with Development Code Section 19.28.090. VIII. ENERGY AND MINERAL RESOURCES a) The project will not result in any conflicts with adopted energy conservation measures as required by the City of San Bernardino. Compliance with existing codes, ordinances, recognized conservation measures, ongoing "best available technology" and the General Plan will occur with City approval of the final project plans to reduce any net decrease in energy resources. As proposed, the project will not create any significant demand on existing/planned energy resources and facilities. b) Non-renewable resources to be used by the project include diesel fuel, and natural gas. All uses shall be designed to be efficient; no wasteful use ofnon-renewable resources will occur. c) No loss of valuable mineral resources will occur with the development of the project. The project will demand aggregate resources in the construction of parking lots and buildings. Steel, concrete, and asphalt will be required as part of construction. These resources are commercially available in the southern California region without any constraint and no potential for adverse impacts to the natural resource base supporting these materials is forecast to occur over the foreseeable future. This demand is not significant due to the abundance of available local aggregate resources. I IX. HAZARDS a) Hazardous or toxic materials transported in association with construction of the project may include items such as oils and fuels. All materials required during construction will be kept in compliance (r./ProjecV510.00/ IS.MAPCO 1.5-32. January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY with State and local regulations. No explosives will present at the site. b) The end use of the site is anticipated to be a Sav-On drugstore and food users ranging from traditional restaurants to fast food drive-thnx. These uses do not involve the use or storage of hazardous or toxic substances. c) Numerous visits to the site for field surveys and observations have not revealed the presence of discarded drums, containers, or hazardous waste, and there is no indication of underground storage tanks. Some minor refuse has littered the site, however, given the domestic nature of the refuse it is unlikely that hazardous materials are present. X. NOISE a/b) The proposed use on-site will include construction activities, followed by the operation of a drugstore and a variety of food uses ranging from typical restaurants to fast food establishments. The project will not involve the development of housing, health care facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an L~, of 65 dB(A) exterior and an L~, of 45 dB(A) interior. The proposed project will introduce 37,804 square feet of retaiUrestaurant structures to a vacant parcel within the CG-3 and RL land use district. Surrounding uses within the immediate area include neighborhood commercial retail uses, and both single- and multi-family residential, within a busy comdor that provides the primary access route to CSUSB. Asingle-family residential neighborhood is located on the south side of Kendall Drive. The City of San Bernardino General Plan suggests that an acceptable exterior community noise equivalent level (CNEL) in residential areas is 65 with an interior noise level of 45. The CNEL is a 24- hour A-weighted average sound level from midnight to midnight obtained after the addition of 5 decibels (dB) to sound levels occurring between 7:00 P.M. and 10:00 P.M. and 10 dB to the sound levels occurring between 10:00 P.M. and 7:00 A.M. A-weighting is a frequency correction that often correlates well with the subj ective response of humans to noise. The 5 dB and 10 dB penalties added to the evening and nighttime hours account for the added sensitivity of humans to noise during these time periods. Noise measurements taken of "typical" construction equipment indicate that a wheel loader generates approximately 68 dB(A) L~ at 100 feet from the area where it operates. L~ is the equivalent sound level; representing the average noise exposure over cone-hour, eight-hour, or 24-hour period. This noise level is also a reasonable approximation for the noise generated by a wheel loader and other similar equipment used during construction of the site. If two pieces of equipment are used such as the wheel loader and grader, the combined noise level produced is anticipated to be approximately 71 dB(A) L~ at 100 feet from the point of origin. Equipment is assumed to operate within close proximity to each other in the construction area. This will maximize the noise level in order to analyze potential off-site impacts. Additional commercial, light duty trucks and miscellaneous vehicles and generators for the processing equipment may also operate during this period. Based on the "typical" construction noise measurements from the equipment above, the G:RrojecU570.00/ IS.MAPCO IS-33 ranuarv zz, zom • CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY maximum hourly average noise level in the vicinity of the working azea are expected to be approximately 72 dB(A) Leg at 100 feet from the point of origin. In addition, a 15 dB outdoor to indoor noise reduction with windows closed is typically assumed to represent interior noise levels where measurements aze not available. With the reduction applied to an interior noise level, approximately 57 dB(A) Leo at 100 feet will be anticipated. At 100 feet these noise levels may exceed the City of San Bernazdino interior and exterior noise standazds for residential uses (45 and 65 CNEL respectively). As a result, the following mitigation measures shall be applied to project construction activities: NOI-1 The construction activities shall only occur between the hours of 7:00 a.m. and 5:00 p.m. Monday through Saturday. No construction shall occur on Sundays or Nationally recognized holidays. XI. PUBLIC SERVICES a/b) The proposed project will not place additional demands on fire protection and medical aid services. i The project site is located in a fire hazard zone C -Moderate Hazard indicated in Section 15 B Fire Hazards Figure 61, of the City's General Plan. The closest fire station is a City Fire Station located I approximately '/< mile easterly of the project site on Kendall Drive, south of University Parkway. ~I Response time from this station is approximately 2-3 minutes. Standard requirements for fire protection facilities, building design, and site access have been reviewed and approved by the City of San Bemazdino Fire Department and incorporated into the project design. The project as proposed meets the City's current standards for fire protection, and the Fuel Modification Plan, prepared by Wildfire Aware, has been approved by the City Fire Chief (dated October 5, 2000) (refer to Section I.c.) Therefore the resulting impacts will be less than significant. c) The project will not place additional demands on police services. Security measures have been incorporated into the project design during the design review by the depaztnent, and will be verified during plan review by the City Police Department. d/e) Employees will be drawn from existing residents within or neaz the City of San Bernardino. The project will therefore not create a demand for new or additional school services, parks, or other recreational facilities as the workforce will be drawn from the existing population of the azea. Water requirements will be met by the City of San Bernazdino. Existing water mains are present in the perimeter streets, including fire hydrants. f) The project site currently has no water demand and therefore, the project will result in an increase in water demand. This demand will not be a significant impact on the current groundwater supply or production capability of the City of San Bemardino. Utility systems are in place to serve the surrounding azeas and are master-planned to provide service to the project site without creating disjointed patterns of service extensions. G/ProjecU570.00/ IS.MAPCO IS-34 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY g) The proposed retail/restaurant uses will generate solid waste and green waste from landscape maintenance. The restaurants shall cooperate with the City Public Services Department in participating in all appropriate food waste diversion programs. All green waste shall be diverted to an appropriate greenwaste processing or composting facility as directed by the Public Services Department. h) Additional vehicle trips will be generated by the proposed project. Access to the site will be provided by Kendall Drive and University Pazkway, which aze both major arterials through this segment of the City. Mitigation related to project-related traffic impacts are outlined in Section VI - Transportation/Circulation. In addition, the Public Works Department through, standard conditions of approval, requires Traffic System Impact Fees. XII. UTILITIES a) The proposed project will be connected to all utilities. Natural gas service will be provided to the project site by the Southern California Gas Company. The project will not impact the company's ability to provide adequate levels of service nor will it create the need to increase capacity. Service will be provided from the neazest existing gas main within Kendall Drive and University Parkway, without any significant impact on service or the environment. b) Electricity will be provided to the project site by Southern Califomia Edison (SCE). Project operations will not impact SCE's ability to provide adequate levels of service nor will it create the need to i increase capacity. c) The proposed project would require telephone service. The project site is within the service area of Verizon (formerly General Telephone). The service can be readily extended to the site without any significant impact to existing service in the area. d) Existing water mains aze present in Kendall Drive and University Pazkway. Water supply is provided by the City of San Bernardino Municipal Water Department. No impact to water distribution will result from the implementation of the proposed project. e) The existing sewer mains in either Kendall Drive or University Parkway, will be extended into the I project site. The site is within the City of San Bernardino sewage service azea, which has adequate capacity to service the proposed project. Appropriate Sewer Connection Fees will be required by the Department of Public Works through standard conditions of approval. f) Development of the proposed project will increase surface water run-off due to the degree of impervious surface. Drainage infrastructure will be connected to an existing 45" storm drain located in Kendall Drive. The Division of Public Works, through standard conditions of approval, will require appropriate Drainage Impact Fees. g) The project site is located in a largely developed commercial and residential area that has adequate utility service to provide for additional demands. The project will convert a 26.7-acre vacant parcel into commercial uses that will place incremental increase in demand on all utilities. Utility systems G:/Projectl570.00/ IS.MAPCO LS-35 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY are in place to serve the surrounding areas and aze master-planned to provide service to the project site without creating disjointed patterns of service extensions. XIII. AESTHETICS a) The proposed project includes grading of two locally prominent ridgelines on the site to accommodate the developed area. The ridgelines aze visible along University Pazkway as travelers exit the freeway and head north toward the University. Mitigation measures included in Section III -Earth Resources, that require contour grading techniques and revegetation of the graded slopes, will mitigate aesthetics impacts. Upon completion the site will be similaz to other commercial developments along University Parkway. b) The visual impact of the proposed project will not create an offensive change to setting of the area. This is the last undeveloped quadrant of the intersection of University Pazkway and Kendall Drive. Comparable development is existing in the immediately surrounding area. The proposed elevations are consistent with existing development. c) Project design includes lighting to be directed onto the site and away from adjacent properties and adjacent streets. Anticipated uses on the site include a drugstore and food uses, including 2 potential drive-thrn fast food restaurants, and therefore the potential for certain uses to operate up to 24-hours per day. The site is located within an area with a land use designation of Commercial and residential (RM and RS), and existing single-family residences are present on the southerly side of Kendall Drive. The neighborhood is oriented away from the major arterial streets, with mature Mondel Pines along the streetscape. Incremental increases of light and glare will be created by the proposed project, however, this is the last undeveloped pazcel at this intersection, and the proposed development is compatible with the surrounding area. Standard conditions of approval for the project will ensure compliance with the City's Development Code standards for light and glare. XIV. CULTURAL RESOURCES a/b/c) The site is within a sensitive archaeological area as identified in Section 3.0 B Historical, Figure 8, of the City's General Plan. An Archaeological Assessment was prepazed by Archeological Associates, Mazch 1999. The Assessment included a records search conducted at the Archaeological Information Center at the San Bernardino County Museum, no prehistoric or historic archaeological sites have been recorded within the boundaries of the property. However, the field study resulted in the discovery of one historic feature (SBR-9592H); consisting of a concrete valve box that controlled water output from an adjacent potable water storage tank which was constructed between 1943 and 1953. Both the tank and the control valve were removed by the City Water Department in 1980. The valve box has been documented by the Archaeological Information Center at the San Bernazdino County Museum. SBR-9592H does not represent an important historic resource and no further investigation or mitigation is recommended. The records search failed to indicate the presence of any recorded prehistoric resources within the boundaries of the study area. The results of the field survey were equally negative. Therefore, no further investigations aze recommended and the resulting impact is less than significant. G:/ProjecU570.00/ IS.MAPCO IS-36 ]anuary 22, 2001 • CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY XV. RECREATION a/b) Employees will be drawn from existing residents within or near the City of San Bernardino. The project will therefore not create a demand for new or additional parks, or other recreational facilities as the workforce will be drawn from the existing population of the area. Project development will not have an effect on the demand for neighborhood or regional pazks or other recreational facilities, nor will it affect existing recreational opportunities. Existing park facilities aze located both northwesterly and southeasterly of the site. The Littlefield-Shultis Memorial park is located approximately 1 mile northeasterly along Kendall Drive; and the Lionel E. Hudson Pazk is located approximately 1 mile southeasterly of the site on Windsor Drive. The proposed project will not impact these or any other park or recreation facility. The project site is not located within proximity to equestrian trials as identified on the City General Plan, Figure 39 -Conceptual Equestrian Trail System. Development of the site would not preclude development of any portion of the proposed trial system. XVI. MANDATORY FINDINGS OF SIGNIFICANCE a) On-site vegetation includes vestiges of Riversidean Sage Scrub community that is slowly being replaced by non-native grasses and other introduced species due to historic fires and human disturbance. The project site is partially within a Biological Resource Management Overlay (CGP Figure 41). Ruderal (weeds) non-native annual grassland is the dominant plant community on the site. The site contains isolated stands of buckwheat scrub and squaw bush. The non-native annual grassland includes red brome, telegraph weed, ripgut brome, slender wild oats, Mediterranean grass, and short- podded mustard. The buckwheat scrub stands include flat-top buckwheat, California sagebrush, and deerwood. The buckwheat scrub occurs in very isolated, poor quality stands that have experienced disturbance due to off-road usage and a large degree of trespassing over the site, evidenced by litter, dumping and "hillside graffiti" (using rocks to form words or letters). Wildlife activity was low on the entire site due to limited available habitat variety and poor quality. Species observed included mourning dove, Audubon's cottontail, Botta's pocket gopher and Beechey ground squirrel. No evidence of sensitive plant or animal species was observed on the site, and none aze expected to occur due to the highly disturbed nature of the site. The stands of buckwheat and straw bush occur as isolated communities and are surrounded by highly disturbed azeas, and they do not represent significant stands. Nevertheless, due the grading of the natural hillside terrain, measures aze included (Section VII) to mitigate the loss of natural habitat on the site. The project site contains several mature trees along the street frontages, along with two trees on the site. Two palm trees are located along the Kendall Drive frontage, seven Model Pines are present G/ProjecU570.00/ [S.MAPCO IS-37 January 22, 2001 • CITY OF SAN BERNARDINO • DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY along University Pazkway, planted as streetscape beautification, and one additional palm and one eucalyptus variety are present in the area near the northeasterly portion of the development azea. Mitigation is included in Section VII pertaining to tree removal and replacement. The site is within a sensitive azchaeological area as identified in Section 3.0 B Historical, Figure 8, of the City's General Plan. The Archaeological Assessment included a records search conducted at the Archaeological Information Center at the San Bernardino County Museum, no prehistoric or historic archaeological sites have been recorded within the boundaries of the property. However, the field study resulted in the discovery of one historic feature (SBR-9592H); consisting of a concrete valve box that controlled water output from an adjacent potable water storage tank which was constructed between 1943 and 1953. Both the tank and the control valve were removed by the City Water Department in 1980. The valve box has been documented by the Archaeological Information Center at the San Bemazdino County Museum. SBR-9592H does not represent an important historic resource and no further investigation is recommended. The records seazch failed to indicate the presence of any recorded prehistoric resources within the boundaries of the study azea. The results of the field survey were equally negative. Therefore, no further investigations are recommended and the resulting impact is less than significant. b) The Initial Study identified short-term impacts to air quality and noise with development of the proposed project. The short term impacts will occur due to proposed construction activities. Impacts to both air quality and noise can be mitigated by measures included in the Initial Study Sections V and X. These mitigation measures will reduce project-related impacts to less than significant. c) The project will contribute incrementally to the impacts associated with development in the area, including traffic, ambient noise, light and glare, etc. However, this is an infill pazcel, being the last undeveloped quadrant of the intersection of University Parkway and Kendall Drive. The project is compatible with development in the surrounding area, and will not result in further growth inducing impacts to the vicinity. Standard conditions of approval and Impact Fees will be incorporated in the project approval to mitigate the effects of incremental growth. d) Development of the site as proposed would not cause adverse effects on humans, either directly or indirectly. The Initial Study identified construction-related emissions criteria as having a potential impact, however, proposed mitigation measures will reduce impacts to less than significant. Additionally, impacts related to air quality aze short term and will cease once construction activities aze completed. G:/Pmjectl570.00/ [S.MAPCO IS-38 ]anuary 22, 2001 City of San Bernardino Development Services Department Mitigation Monitoring and Reporting Program For Conditional Use Permit 00-13 and Tentative Parcel Map 15537 Introduction This mitigation monitoring and compliance program has been prepared for use by the City of San Bernardino Development Services Deparhnent (City) as it implements mitigation measures for this project. This program has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and Agency CEQA Guidelines. Assembly Bill 3180, effective January 1, 1989, required adoption of a reporting or monitoring 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 monitoring program contains the following elements: 1. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. In some instances, one action may be used to verify implementation of measures, such as grading plan review and erosion control plan review. 2. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take the action, what action will be taken and when, and to whom and when the compliance will be reported. 3. 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 relevant data will be attached. Copies of the records will be retained by the City as part of its project files. 4. The program has been 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. The total program, including any modifications, will be retained by the City as part of the project files. The individual measures and the accompanying monitoring/reporting actions follow. They are numbered in the same sequence as presented in the Project Initial Study. MITIGATION MEASURE IILa/b EARTH RESOURCES: ER-1 Grading of slopes in excess of 15 percent shall conserve the natural topographic features and appearances by means of landform sculpturing to blend the graded slopes and benches with the natural topography. ER-2 The proposed grading scheme shall retain the major natural topographic ridgelines and canyon features of the hillside through contour grading techniques. ER-3 An Interim Erosion Control Plan, specifically addressing slope grading, shall be certified by the project engineer and approved by the City Engineer. ER-4 Slopes created by grading shall not exceed 2H:1 V (50 percent slope) without the approval of a soils report and slope stabilization study, or as approved by the City Engineer, where it is determined that graded slopes will result in a natural appearance and will not create geological or erosion hazards. IMPLEMENTATION AND VERIFICATION 1. These requirements will be made a part of the Standard Requirements for the project through the Public Works and Building Services Divisions. The applicant will be required to comply with all Public Works and Building Services Standard Requirements regarding grading and compaction. 2. The City shall verify that the recommendations contained in the approved soils and geotechnical reports (Preliminary Geotechnical Investigation prepared by Terra GeoSciences January 1998; Landslide Evaluation prepared by Terra GeoSciences December 1998; and the Geotechnical Update prepared by WAC Geotechnical Inc. October 2000) are incorporated into the grading plans approved for this project. 3. The City Engineer will review all grading plans prior to issuing a grading permit. 4. Compliance shall be verified during construction inspections. COMPLIANCE RECORD 1. The City and the applicant shall maintain copies of any approved Geotechnical Investigations and the grading plans in the project file. 2. Copies of the inspection reports shall be kept in the project file of the applicant and the City. WHEN REQUIRED 1. Prior to issuance of grading permits. EARTH RESOURCES IILa/b. Page 2 2. During site inspections. COMMENTS 1. Geotechnical Investigation approved 2. Grading Plans approved VERIFICATION BY: • • MITIGATION MEASURE IILc. EARTH RESOURCES: ER-5 Pad cut areas shall be over-excavated a minimum of 5-feet and scarified 12-inches and compacted with void replacement of compacted fill to insure a uniform till mat for building support. All proposed footings shall have a minimum of 36-inches of fill below base of footing. The geotechnical engineer will predicate actual depth of removals on exposed field conditions. All fill shall be placed under the observation and testing of a soils engineer and as noted in the "Earthwork/General Grading Recommendations" in the report prepared by WAC Geotechnical Inc, October 2000 (or subsequent reports approved by the City Engineer). ER-6 For adequate support of all proposed structures, the footing and foundation recommendations as outlined in the Geotechnical Update prepared by WAC Geotechnical Inc. dated October 2000 (or subsequent reports approved by the City Engineer). IMPLEMENTATION AND VERIFICATION 1. These requirements will be made a part of the Standard Requirements for the project through the Public Works and Building Services Divisions. The applicant will be required to comply with all Public Works and Building Services Standard Requirements regazding grading and compaction. 2. The City shall verify that the recommendations contained in the approved geotechnical investigations (Preliminary Geotechnical Investigation prepazed by Terra GeoSciences January 1998; Landslide Evaluation prepazed by Terra GeoSciences December 1998; and the Geotechnical Update prepared by WAC Geotechnical Inc. October 2000), and any subsequent soils and foundation analysis are incorporated into the grading plans approved for this project. 3. The City Engineer will review all grading plans prior to issuing a grading permit. '~I 4. Compliance shall be verified during construction inspections. COMPLIANCE RECORD 1. The City and the applicant shall maintain copies of any approved geotechnical investigations and the grading plans in the project file. 2. Copies of the inspection reports shall be kept in the project file of the applicant and the City. WHEN REQUIRED 1. Prior to issuance of grading permits. 2. During site inspections. li I EARTH RESOURCES IILc. Page 2 COMMENTS 1. Geotechnical Investigation approved 2. Grading Plans approved VERIFICATION BY: MITIGATION MEASURE IILd. EARTH RESOURCES: ER-7 Site grading and preparation of areas that will support structures shall be in conformance with the recommendations made by the soils/geotechnical engineer preparing the investigation of the site prepared by WAC Geotechnical Inc. dated October 2000 (or other subsequent study required by the City Engineer). IMPLEMENTATION AND VERIFICATION 1. These requirements will be made a part of the Standard Requirements for the project through the Public Works and Building Services Divisions. The applicant will be required to comply with all Public Works and Building Services Standard Requirements regarding grading and compaction. 2. The City shall verify that the recommendations contained in the approved geotechnical investigations (Preliminary Geotechnical Investigation prepared by Ten•a GeoSciences January 1998; Landslide Evaluation prepared by Terra GeoSciences December 1998; and the Geotechnical Update prepared by WAC Geotechnical Inc. October 2000), and any subsequent soils and foundation analysis, are incorporated into the grading plans approved for this project. 3. The City Engineer will review all grading plans prior to issuing a grading permit. 4. Compliance shall be verified during construction inspections. COMPLIANCE RECORD 1. The City and the applicant shall maintain copies of any approved geotechnical investigations and the grading plans in the project file. 2. Copies of the inspection reports shall be kept in the project file of the applicant and the City. WHEN REQUIRED 1. Prior to issuance of grading permits. 2. During site inspections. COMMENTS 1. Geotechnical Investigation approved 2. Grading Plans approved VERIFICATION BY: MITIGATION MEASURE IILf. EARTH RESOURCES: ER-S An erosion control plan shall be prepared and implemented for the proposed project that identifies speci[ic erosion control measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through grading completion. This erosion control plan shall include the following measures at a minimum: a. Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced fn Southern California. b. An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. IMPLEMENTATION AND VERIFICATION 1. These requirements will be made a part of the Standard Requirements for the project through the Public Works and Building Services Divisions. The applicant will be required to comply with all Public Works and Building Services Standard Requirements regarding grading and compaction. 2. The City shall verify that the recommendations contained in the approved geotechnical investigations (Preliminary Geotechnical Investigation prepared by Terra GeoSciences January 1998; Landslide Evaluation prepared by Terra GeoSciences December 1998; and the Geotechnical Update prepared by WAC Geotechnical Inc. October 2000) are incorporated into the grading plans approved for 'I this project. 3. The City Engineer will review all grading plans prior to issuing a grading permit. ~i 4. Compliance shall be verified during construction inspections. i COMPLIANCE RECORD 1. The City and the applicant shall maintain copies of any approved geotechnical Ili investigations and the grading plans in the project file. 2. Copies of the inspection reports shall be kept in the project file of the applicant and the City. WHEN REQUIRED 1. Prior to issuance of grading permits. 2. During site inspections. EARTH RESOURCES IILf. Page 2 COMMENTS 1. GeotechnicalInvestigation approved 2. Grading Plans approved VERIFICATION BY: MITIGATION MEASURE IILh. EARTH RESOURCES: ER-9 Construct an impact wall, deflection wall or the equivalent along the perimeter of the toe of the natural slopes. Such a wall shall be designed by a civil and/or structural engineer, based on anticipated slide thickness, slope angles, velocities, and other factors deemed necessary for proper analysis. IMPLEMENTATION AND VERIFICATION 1. These requirements will be made a part of the Standard Requirements for the project through the Public Works and Building Services Divisions. The applicant will be required to comply with all Public Works and Building Services Standard Requirements regarding grading and compaction. 2. The City shall verify that the recommendations contained in the approved geotechnical investigations (Preliminary Geotechnical Investigation prepared by Terra GeoSciences January 1998; Landslide Evaluation prepared by Terra GeoSciences December 1998; and the Geotechnical Update prepared by WAC Geotechnical Inc. October 2000) are incorporated into the grading plans approved for this project. 3. The City Engineer will review all grading plans prior to issuing a grading permit: 4. Compliance shall be verified during construction inspections. COMPLIANCE RECORD 1. The City and the applicant shall maintain copies of any approved geotechnical investi ations and the din lans in the ro'ect file. gra g P P J g 2. Copies of the inspection reports shall be kept in the project file of the applicant and the City. WHEN REQUIRED 1. Prior to issuance of grading permits. 2. During site inspections. COMMENTS 1. Geotechnical Investigation approved 2. Grading Plans approved VERIFICATION BY: MITIGATION MEASURE I IV. WATER: IV.e. W-1 A site specific drainage study which meets the standards of the City Engineer will be prepared by the a Civil engineer. All recommendations from this analysis, including facilities necessary to mitigate drainage impacts, shall become conditions of project development and shall be incorporated in all grading and site improvement plans. IMPLEMENTATION AND VERIFICATION 1. These requirements will be made a part of the Standard Requirements for the project through the Public Works and Building Services Divisions. The required improvements shall be shown on the grading plan. 2. The City shall verify that the recommendations contained in the approved Drainage Study aze incorporated into the grading plans approved for this project. 3. The City Engineer will review all grading plans prior to issuing a grading permit. 4. Compliance shall be verified during construction inspections. COMPLIANCE RECORD 1. The City shall maintain copies of the approved drainage Study and grading plans in the project file. 2. Copies of the inspection reports shall be kept in the project file at the City. WHEN REQUIItED 1. Prior to issuance of grading permits. 1. Verify completion prior to issuance of occupancy permits. COMMENTS 1. Grading plan approved VERIFICATION BY: MITIGATION MEASURE V. AIR QUALITY AQ-1 Implementation of SCAQMD Rule 403 and standard construction practices during all operations capable of generating fugitive dust, will include but not be limited to the use of best available control measures, including: 1) Water active grading areas and staging areas at least twice daily as needed; 2) Ensure spray bars on all processing equipment are in good operating condition; 3) Apply water or soil stabilizers to form crust on inaMive construction areas and unpaved work areas; 4) Suspend grading activities when wind gusts exceed 25 mph; 5) Sweep public paved roads if visib?e soil material is carried off-site; 6) Enforce on-site speed limits on unpaved surfaces to 15 mph; and 7) Discontinue construction activities during Stage 1 smog episodes. IMPLEMENTATION AND VERIFICATION 1. These requirements will be made a part of the Standard Requirements for the project through the Public Works and Building Services Divisions. The applicant will be required to comply with all Public Works and Building Services Standard Requirements regarding grading, erosion control, and dust suppression. 2. The City shall verify that the recommendations contained in the mitigation measure (notes 1 - 7) are incorporated as notes on the grading plans approved for this project. 3. The City Engineer will review all grading plans prior to issuing a grading permit. 4. Compliance shall be verified during construction inspections. COMPLIANCE RECORD 1. The City and the applicant shall maintain copies of any approved grading plans in the project file. 2. Copies of the inspection reports shall be kept in the project file of the applicant and the City. WHEN REQUIRED 1. Prior to issuance of grading permits. 2. Verify completion during site inspections. COMMENTS 1. Grading Plans approved VERIFICATION BY: - • ~ MITIGATION MEASURE VLa. TRANSPORTATION/CIRCULATION TRA-1 The project applicant shall contribute a fee equal to 75 percent of the cost of the traffic signal at Kendall Drive and Cambridge Street. The estimated mitigation fee is $75,000. The City shall place this signal project on the Capital Improvement Program to enable future funding of the City's 25 percent contribution toward the cost of the signal. TRA-2 The traffic signal upgrade at University Parkway and Kendall Drive shall be jointly funded (50/50) by the City and the project proponent. A portion of the traffic system mitigation fee for this project will be applied as a credit towards the developers cost of the signal upgrade. IMPLEMENTATION AND VERIFICATION 1. The City shall verify that the fees are collected for the recommended improvements outlined in the mitigation measures TRA-1 and -2. 2. The City shall verify that the recommendations contained in the approved Traffic Study prepared by Katz, Okitsu & Associates (December 2000) are incorporated into the traffic signal modification and striping plans approved for this project. 3. The Public Works Division shall ensure that the signal project at Kendall Drive and Cambridge Street is added to the Capital Improvement Program to enable future funding of the City's 25 percent contribution towazd the cost of the signal 4. Verification of Fee payment shall be made prior to issuance of grading or building permits. COMPLIANCE RECORD 1. Copies of the approved traffic study, traffic signal installation and modification, and striping plans, shall be maintained by the City and the applicant in the project file. 2. Copies of the inspection reports shall be kept in the project file at the City and with the applicant. 3. Copies of fee receipts shall be kept in the project file at the City and with the applicant. WHEN REQUIRED 1. Traffic signal contribution/mitigation fees shall be paid prior to issuance of grading permits. 2. Traffic stripping shall be verified through site inspections. • • TRANSPORTATION/CIRCULATION VLa. Page 2 COMMENTS Traffic Signal modification and/or installation striping plan approved VERIFICATION BY: MITIGATION MEASURE VLf. TRANSPORTATION /CIRCULATION TRA-3 Provide a deceleration, or right-turn lane, at the driveway on University Parkway into the project site, as approved by the City Engineer. IMPLEMENTATION AND VERIFICATION 1. The City shall verify that the recommendations contained in the approved Traffic Study prepazed by Katz, Okitsu & Associates (December 2000), and the mitigation measure TRA-3 are incorporated on the site improvement plans. 2. The City Engineer will review all site improvement plans prior to issuance of a grading permit. 3. Compliance shall be verified during the plan check process and during construction inspections. COMPLIANCE RECORD 1. Copies of the approved Traffic Study shall be maintained by the City and the applicant in the project file. 2. Copies of the inspection reports shall be kept in the project file at the City and with the applicant. WHEN REQUIRED 1. Site improvement plans shall be approved prior to issuance of grading permits. 2. Site improvements shall be completed prior to the issuance of occupancy permits. COMMENTS Site improvement plans approved VERIFICATION BY: MITIGATION MEASURE VI. BIOLOGICAL RESOURCES VI.A. BIO-1 The project proponent shall revegetate graded slopes with native species as recommended by a qualified biologist, as approved in the Fuel Modification Plan. IMPLEMENTATION AND VERIFICATION 1. These requirements will be made pazt of the Standard Requirements for the project through the Parks, Recreation and Community Services Deparhnent. 2. The City shall verify that recommendations the required slope revegetation requirements are shown on the Landscape Plans approved for the project. 3. The City Pazks, Recreation and Community Services Department will review all Landscape Plans prior to issuing a grading permit. 4. Compliance shall be verified during construction inspections. COMPLIANCE RECORD 1. The City shall maintain copies of the approved Landscape Plan in the project file. 2. Copies of the final inspection reports shall be kept in the project file. WHEN REQUIRED 1. Prior to issuance of grading permits. COMMENTS 1. Landscape Plan approved VERIFICATION BY: MITIGATION MEASURE VII. BIOLOGICAL RESOURCES VII.d. BIO-2 The applicant shall obtain a Tree Removal Permit concurrent with project approval for the anticipated removal of Mondel Pines along University Parkway, three palm trees and one eucalyptus tree on the site, iu conjunction with the proposed development in accordance with Development Code Section 19.28.090. IMPLEMENTATION AND VERIFICATION 5. These requirements will be made part of the Standard Requirements for the project through the Parks, Recreation and Community Services Department. 6. The City shall verify that recommendations the required replacement trees are shown on the Landscape Plans approved for the project. 7. The City Parks, Recreation and Community Services Department will review all Landscape Plans prior to issuing a grading permit. 8. Compliance shall be verified during construction inspections. COMPLIANCE RECORD 3. The City shall maintain copies of the approved Landscape Plan in the project file. 4. Copies of the final inspection reports shall be kept in the project file. WHEN REQUIRED 2. Prior to issuance of grading permits. COMMENTS 2. Landscape Plan approved VERIFICATION BY: I MITIGATION MEASURE X. NOISE X.b. NOI-1 The construction activities shall only occur between the hours of 7:00 a.m. and 5:00 p.m. Monday through Saturday. No construction shall occur on Sundays or Nationally recognized holidays. IMPLEMENTATION AND VERIFICATION 1. These requirements will be made part of the Standazd Requirements for the project through the Planning, Public Works and Building Services Divisions. The applicant will be required to comply with all Planning and Building Services Division Standard Requirements regarding noise attenuation. 2. The City shall verify that the recommendations contained in the mitigation measures are incorporated as notes on the grading, site improvement, and building construction plans approved for the project. 3. The City Engineer and/or Building Official will review all grading and construction plans prior to issuance of any permits. I 4. Compliance shall be verified during construction inspections. II COMPLIANCE RECORD i 1. The City and the applicant shall maintain copies off all approved grading, site improvement, and building construction plans in the project file. 2. Copies of the inspection reports shall be kept in the project file of the applicant and the City. WHEN REQUIRED I . Prior to issuance of grading permits. 2. Verify during site inspections. COMMENTS 1. Grading Plans approved VERIFICATION BY: ATTACHMENT H CALIFORNIA STATE UNIVERSITY ADMINISTRATION AND FINANCE SAN BERNARDINO Office of the Vice President 5500 University Parkway, San Bernardino, CA 92407-2397 (909) 880-5130 February 2, 2001 Joe Bellandi Associate Planner City of San Bernardino Development Services Department 300 North "D" Street San Bernazdino, CA 92418 Dear Mr. Bellandi: California State University, San Bernazdino, would like to provide the following comments and recommendations for Project No. 15537, University Village. 1. The University opposes off-sale of alcoholic beverages. It is preferred that any sales of alcoholic beverages allowed on this site be limited to beer and wine served on site, inside of buildings, along with food. 2. The University opposes the median cut on University Pazkway. Observation of traffic at peak periods demonstrates traffic backed up from Kendall Avenue to Northpazk Boulevard in southbound lanes. A similaz situation exists from Northpazk Boulevard to Kendall in northbound lanes. A cut in the median will further hamper the flow of traffic and increase the potential for traffic collisions. 3. Sufficient on-site parking must be provided to prevent unsafe or illegal parking to occur on adjacent surface streets and in vacant lots. The University appreciates the opportunity to comment on this project. Sincerely, ~ V Davi DeMauro Vice President for FEB 0 5 2001 Administration and Finance cLTV oP uAN BERNARI]INO DEVELOPMENT SERVICES DEPARTMENT The California State Uniueraity Bakeraheld • Channel Is[onds • Chico • Dominguez Hills • Fresno • Fullerton • Hayward • Humholdt • Long Beach • Los MgeLes • Maritime Mademy Monterey Bay • Northridge • Pomona • Sacrnrnento • San Bernardino • San Diego • Son Fmncisro • San Jose • San Luis Ohispo • San Marina • Soroma • Stanielaue oa ~ ~Il ~ 'J- SAN BERNAflDINO , OG'JELOPMENT SERVICES ~ ~,~C DEPARTMENT u •°G~.+ California State University, San Bernardino O P F I C E O P THE P R E S I D E N T 5500 University Pazkwa}' (909) 880-5002 San Bernardino, CA fax: (909) 880-5901 92407-2397 email: akarnig~~ley.csusb.edu August 17, 2000 Mr. Joe Bellandi Associate Planner City of San Bernardino Development Services Department 300 North "D" Street San Bernardino, CA 92418 Deaz Mr. Bellandi: Thank you very much for sharing the plans for the proposed "University Commons" with us. We appreciate the opportunity to review the plans for the Sav-on Center and provide comments. The campus does have two major concerns about this project which we urge you to address. Our first concern is with the cut into the existing traffic median on University Parkway. It is vital that this not be allowed due to the extreme volume of traffic at this site. University Parkway is among the busiest streets in the City of San Bernardino. At peak periods, traffic is backed up in both directions on University Pazkway from Kendall Avenue to Northpark Boulevazd. Allowing median access here will promote numerous vehiculaz accidents and add congestion to an already severely impacted area. The University strongly urges that the median cut not be allowed and that an alternative plan be developed to place more traffic on the Kendall entrance. The second concern is over the name of the center - "University Commons." The campus has a large building called "University Commons," and this building has many guests for meetings. The thousands of visitors each week who come to the campus looking for the "University Commons" may confuse this center with their actual university destination. This would increase the traffic congestion even more! We believe an alternative name must be identified. Thank you again for the opportunity to provide these comments. We would be pleased to answer additional questions that you may have. Regazds, ` Albert K. Karnig President xc: Joe Suarez, Councilmember, Fifth Ward 77~e California State Uninerrity Bakersfield • Channel Irlands • Chico • Dominguez Hills • Frema • Fnllerton • Hayward • Humboldt • Lang Beach • Las Angeles • Maritime Acade»ey • Moruerev Bay Northridge • Pomona • Sacramento • San Bernardino • San Diego • San Francisco • Sax Jose • San Luir Obispo • San Marros • Sonoma • Stanidaus ~ ~ L~~i~-~LiU[~I~~ 0F,(LNARp~N J O SQL '~ JAN :' 2tiUl L~ ~r ~ C I T Y O F CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT J~ Noen tN~0~oa` ~n ~ern~rdino P O L I C E D E P A N T M E N T L E E D E A N C H I E F O F P O L I C E January 18, 2001 Valerie Ross, Principal Planner City of San Bernardino Development Services 300 N D Street ' San Bernardino, CA 92401 RE: General Plan Amendment No. 00-01 Tentative Parcel Map No. 15537 Conditional Use Permit No. 00-13 Variance No. 00-10 Dear Valerie Ross, After reviewing the documents for the above mentioned items, I have concluded that the requested median cut on University Parkway north of Kendall Avenue would create a potential traffic hazard. I believe it is in the best interests of public safety that the request for the median cut is denied University north of Kendall Drive is designed to facilitate the large number of vehicles that travel the road to and from CSUSB on a daily basis. This is both ingress and egress traffic flows. To place a cut in the median to allow vehicles to turn into a business lot located on the N/W corner would create a hazard for southbound traffic that the vehicles would be passing in front of. Additionally, it would certainly provide an unnecessary hazard for vehicles that would be travelling northbound by creating a potential for rear end accidents. University Parkway is the main entrance for all vehicles exiting the freeway and entering the University campus. The University is usually to its maximum student capacity and the flow of students to and from the campus should not be inhibited by an unnecessary break in the median for a business access. The business certainly can be accessed from the southbound portion of the roadway or by Kendall Drive. Respectfully, i~1 Lt. Roger Poyzer P O S T O F F I C E D O% 1 5 5 9 S A N D E R N A R D I N O, C A L I F O R N I A 9 2 4 0 1- 1 5 5 9 (0 0 9) 3 B!- 5 7 1 4 SOUTHERN CALIFORNIA E D I S O N au~ ~ ~ Zooo CI iY OF SAN BERNARDINO An EDISON INTERNATIONAL`"Company DEVELOPMENT SERVICES DEPARTMENT City of San Bernazdino August 14, 2000 300 North "D" Street San Bernardino, CA 92418 Attention: Dev°lopme^Y Services Department Joe Bellandi Subject: Pazcel Map No. 15537 Please be advised that the division of the property shown on Pazcel Map No. 15537 will not unreasonably interfere with the free and complete exercise of any easements held by Southern California Edison Company within the boundaries of said map. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for relocation of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise. the owner/developer will he requested to bear the cost of such relocation and provide Edison with suitable replacement rights. Such costs and replacement rights aze required prior to the performance of the relocation. If additional information is required in connection with the above mentioned subject, please contact me at 714-934-0838. V~~~ /~~~ Lisa Salinas ~I Title and Real Estate Services cc: 14799 Chestnut St. Westminster, CA 92683 800-817-3677 Fax 714-934-0837 I~jIMI(~~ ~~4 ,LJL 1FiCl ..' C, ~GiL! 2127 Sheridan Rd. ;ar. '~~~"'~D1NO San Bernardino, CA 92407 oevaoF~ cr;r s~~,v~ces UEPARI-MEtJT February 28, 2001 Planning Division City Hall 300 N. D St. San Bernardino, CA 92418 General Plan Amendment No. 00-01, Tentative Parcel Map No. 15537, Conditional Use Permit No. 00-13, Variance No. 00-10 for property located at northwest corner Kendall and University To Whom It May Concern: As a long time resident of this area I am objecting to the building of this shopping center in this location. When we received notice for the public hearing for the above property I became very concerned. I was concerned the hills adjoining this lot would be excavated. I called the planning division and they confuwed this was indeed the case. Several years ago I watched as developers built the McDonald's and IHOP Restaurants at I215 and University. Much of the hill in that location was removed to put in that center. Before building we need to consider how it will affect the land. There is plenty of flat properly to build on in this area without scarring the hills that make North San Bernardino such a scenic place. If the environment can't be considered, leNs look at economics. So much of the land in the north part of town has already bees developed with "mini-malls" that the addition of another one appears to be overkill. There are only so many businesses a neighborhood can support. The last thing we need around here is another food establishment. Tl~nk you, f Barbara Dawson-Bateman cc: Mayor Judith Valles Counc~7man Joe Suarez • • EXHIBIT 2 DEVELOPMENT SERVICES DEPARTMENT ~ 1 s, ~ 300 North "D" Street • San Bernazdino • CA 92418-0001 Planning & Building 909.384.5057 • Fax: 909.384.5080 San Bernar ino Pnbiic Woeks/Engineering 909.3845111 • Fax: 909.384.5155 s. :vww.ci.san-bernazdino.ca.us March 5, 2001 File No. University Commons, LLC Berkson Realty Advisors, LLC Attn: Howard C. Berkson, Managing Member 1337 India Street San Diego, CA 92101 RE: UNIVERSITY COMMONS SHOPPING CENTER CASE NO: C.U.P. 00-13 P.M.15537 Dear Mr.Berkson: Thank you for your letter dated March 5, 2001. However, at this time, staff sees no reason to revise/amend the Conditions of Approval included in the staff report based on your letter or on the meeting referenced in the letter. If you have any questions regarding this matter, please contact me, at (909) 384-5111. Sincerely, RAYMOND A. CASEY / City Engineer RAC:cdj ' cc: James Funk Director, Development Services S:1Public WorkslRay's Folder\LETTER - Universiry Commons Shopping Center.doc MAR-05-01 02:22 PM MAPCO 909 890 9355 P.02 BERKSON REALTY ADVISORS, LLC 1337 INDIA S~'REET SAN DIEGO, C~ 92101 TEL.:619-595-1900 FAX: 619-595-1907 March 5, 2001 Ray Casey, City Engineer Vii Facalml~e: 909-384-5155 Director of Public Works City of San Bernardino Dcvelopntent Services Department 300 N. D Strut, 3id Fioor Sea Bernardino, CA 92418 Re: University Comrtrons Shopping CettteF, Case Np: C.U.P. 00-13; P.M. 15537 Dear Rey: . It was a pleasure meeting with you, Anwar Wag~dY. Your ~{im, artd David Mtynarski this rooming. In as effort to provide ctarity to tie City's position to be taken at the Planning Commiaeion Hearing tomorrow I have Iiut forth this letter, which shell nerve as a Memorandum of Understanding MOU" j;betwan the City of San Bcrrwtdino's Developmern Services D~;p~at~~("City'~ ;rnd University Cortm~ons, LLC, ("Devekrper'7. Please ate that this MOU is intended to serve id lieu of conditions net forth in your March 2nd, 2001 rrumo to Vallerie Rosa and suggested cojuiitiom contained in the 3tenderd Requirements of the bepartroent of DryebpmetJt Servkes/Public Works Division, paragraphs 8(g), 9 (c and e). The parties have agreed as follows: - 1, That the City acknowledges that the proposed University Commons Shopping Center, with Sav-on Drugs as its anchoi tenant, as being a project that the City strongly supports. 2, That a key element of the success need economic viability of this project is a left taro into this retail center from University Parkway. 1 ' MAR-05-01 B2;23 PM MAPCO 909 890 9355 P.03 3. 'that it ha been the position of the City staff that the curnnt level of improvertxnts north of Kendall, along Utiversity Parkway, with no median cut is more deaitabk: than the proposed t~edlan cut.by the Devekoper. 4. That upon further discussions with City ~affand the Project traffic engineer, Mwar Wagdy, various public improvem~ttts std uogradea to existing traffic signsliTation can provide an acceptable level of saf9tY. 5. That the Developer Las, m part oftrat'fie;mitigatioti trreaaures suggested by flue City, agreed to do the folbwing: a) Design and construct an additlonil half traffic signal at the proposed left turn entratux on University providing a stop phase for southbound traffic on Untversity when"tripped" by a vEFtich: prepari»g to take a left turn into the center, or b) Installation of a frill movement tr~ffu signal to allow a left turn in/out of the center. Both options shahprovide i~r intercortrtecting fsct7ities among the remaining two aignats'at Univer ity/Kendall and UniversitylNotthParksnd the proposed ~ turn entrsta:e. c) That this facility is to be paid for,'utr"]um' g a° portion of the Developer's traffic system fa to fund 50% of the coat rhd the other SO°i6 required of the development. (SpeciSe deiigrr to be fleterminal during the Snai design Process) ° i d) Provide far adequate overall sigdage. ~ e) Have all truck deliveries util' ' the ~ left trtm be made during non-peak hours (as det during the final design process) acrd sign the turn Iarie accordingly. ! ' 6. PJease note that the Developer, and the anchor ten~nt, Sav-on, cannot agree to the City's proposed condition of bond' for the establishment of the median should the City determine "tla•~gh acrid history review and technical analysis that h Las became an 4nmitigatale safety problem." Given this language proposed by the Cry, the Developer respectfully suggests that the City, given its govemaaca throrpih its recOgniud police power over this issue, will always Lave the right to ti~view any, safety and health issue if std when it occurs. In the Devebper's view, arty regttest for bonding at this time is premature. The City has a proot3dure and process to go through, should it deem necessary to address argr safety ias~ie imttrediately adjacent to the project site. i The bng term naturo of the leases in tl>Q Proposed shopping center, and its imtrtediate and Ong term economic viabplity, is tied to the tttedian cut. The Developer Las agreed to extensive stud imptovetnenta, including, among other rottredies, the significant cost of a pew trat~ signal at the proposed ' median cut to provide for a safe condition to the ¢ub}ic, and a sohrtion which x i Z MAR-05-01 02:23 PM MgPCO ~ 909 890 9355 P.04 mitigates auy safety concerns now and is the future. We respectfully request that the City recomider this condition. 7. That the proposed public improvements sled by City Staff at our meeting include, but are not limited to, treconstSuctian itt striping of left hand turn lanes throughout the project, traffic sigosll construction and modification, interconnecting facilities, d medierti modificatbns. 'f heee improvements provide direct benefit to t~e City, the nearby Urdversity, the overall neighborhood, and the proposed project. qa such, the Deveoper believes that it is appropriate to mitigate `.the impacts for these street improvements via entering into as egneedrent with ~ City to utilise the trafSc system fee in the estimated amour of S 155,000 towards conatntction of those improvements. The City end Developer have agreed on several differentpro-rata percentages for the >~?g of improvernetrts. The Deveoeper proposes that anY additional goats to late these desirod ' improvements shall be a wst borne by the City. , . In cbaing, the Developer believes that the cooperation between City staff and the Developer over the past several months, e~ in ' ular guar the past several days. has cortehuled in a wonderfit! project that all ies can very proud of. The compromises between the parties is a wut-win lion, ~rticulerly considering the sesthetie, technical and political c]mllenges that p%jert has presented. When completed, this project vriU create a wrnersto . to this or u~tersectbn, the community at large, the City. and the Untversity: Ray, I thank you and yew entire staff for the so~utions presented over the past few days, resolving our remaining open issues. We C~ all now look forward to the sttccxaaful constr>ction and completion of Univfttsity Co~moos Shopping Center, City of San Bernardino. Respectfully submitted, U1VI , L By: Realty ri rs, C )EIoward C. Berlcson, Managing Member Cc: ]oa Suarez, City Cottnciltttan S°i Ward, ~ Fax: 909~3ti4-SI05 James Funk, Director of Planning, Fez: 909-384-5155 i \ ,. II I '. J ~ 0 " r! · r. .f~ t r " J r , t ~ . I " l\~' ~ i ". f ~'1 j' . I ',,' , 'I. i 1i , .... ..; I . r I I ~ L I , \ J t! ~ ~ I oj ~ \,' \ of " . ( ,"' .} ~. " I , ~J , ., ~ .~ . .. '" {'P,', ~', f ,:'.. 1 '1 ~,l 'Ct'! .. ,..,.\, :i t 11 ", '-.~ j. ~ r. f ~ \ , " ~,,:;, ~~ ii, ' ~ " ,\, . , . [ '.'1 ~ SAV-ON DRUGS -. Policy Information on the Sale of Alcoholic Beverages CALIFORNIA VERSION INTERNAL DECOY PROGRAM SAV-ON DRUGS HAS ITS OWN DECOY PROGRAM for the sale of alcoholic beverages. Twice per year, each store is audited and a decoy is sent into the store. The decoy is over the age of 21 and attempts to purchase alcohol. The checker should check the ID of anyone who appears to be under thirty years of age. If the cashier follows policy and checks the decoy's ID, we give the cashier a framed commendation which is placed on the wall in the associate lounge. If the cashier fails to check the ID, the cashier is taken off the register and is taken to the office, where a disciplinary meeting is held with the store manager and the District Loss Prevention Manager. A written warning is issued and the associate is required to review all liquor policy and procedures and re-sign all appropriate policies. The associate is also informed that a second violation may result in disciplinary action up to and including termination for a second offense. The associate is then checked again within a 30-day period to assure compliance with our policies and the law. - LLPACKAG.4 Index of Attachments (tem Attachment Liquor Decoy Program (Description} .................................A-1 Liquor Check Form ............................................................A-2 Commendation -Liquor Policy Audit .................................A-3 Loss Prevention Liquor Checks Form - 1996 ....................A-4 Cash Register Age Verification For Liquor Purchases......... B Store Management Policy Statement Covering the Sale and Handling of Alcoholic Beverages C Legal Restrictions For The Sale And Handling of Alcoholic Beverages - California D Clerk's Affidavit and "Notice to Our Customers" sign........... E .Under 30??" sign F-1 "If You're Under 21, the soft drinks are..." sign F-2 "Convenient Locations..." sign F-3 "We do not sell beer in less than six-packs..." sign .............G CALIFORNIA I~, SAV-ON DRUGS - LIQUOR DECOY PROGRAM PROCEDURES DLPM will accompany the Decoy to the store. _ _ • TIME afternoon and evenings PRODUCT any liquor item, preferably beer or wine coolers. Decoy - must be at least 21 years old, however, young looking. 1. Decoy will enter the store and select a liquor item (wine cooler or beer). 2. The merchandise will be brought to the normal liquor register for purchase. IF THE DECOY WAS CARDED DURING THE TRANSACTION: Assuming the Decoy was successfully carded, the Decoy would leave with the product and give it to the DLPM. 2. The DLPM would meet with the manager on duty and inform him that a Decoy shop had just been conducted on register and the checker had correctly followed procedure and carded the Decoy. IF THE DECOY WAS NOT CARDED: 1. If the Decoy was no carded, the Decoy would leave with the product and give it to the DLPM. 2. The DLPM would meet with the manager on duty and inform him that a Decoy shop had just been conducted on -register and the checker failed to card the Decoy according to policy. 3. The manager should take the checker off the register and bring him/her to the office for proper disciplinary action. A write-up must be given to the checker, indicating the seriousness of the violation and noting that a second violation within a year would lead to further disciplinary action up to and including termination. The checker will be required to again sign all policies regarding the sale of alcoholic beverages and review the "It's The Lam' video. AFTER COMPLETION OF THE "SHOP". THE DLPM WILL: 1. Fill out the form indicating the date and time of the shop and indicate whether the checker passed or failed. 2. The form will be faxe to Susan Bunts at the main office in Buena Park-(714) 736-6298. 3. Susan will record the shop on a liquor decoy log and forward the form to the district manager and operations manager. G:LIQLICIP D\LLPACKG.5 Attachment A-1 LIQUOR CHECK Store: District: Location: District Loss Preveution Manager: Decoy's Name: Decoy's Age: Date of Liquor Check: Name of Associate checked: Item Purchased: PASS FAIL (Please circle one) If fail, action taken: Upon completion please fax form to Susan $unts in the Loss Prevention office. H1DATA\WORDFICE~FORMSDECOY.DOGA/IN6/422 PM Attachment A•2 COMMENDATION LIQUOR POLICY AUDIT DATE: CONGRATULATIONS TO: Thank you for following company policy regarding sates of alcoholic beverages and asking customers who appear to, be under 30 years of age for verification for their age. As a representative of your store, you and your management team are to be congratulated for helping to enhance Sav-on's reputation in the community as a concerned law abiding retailer: Again, thanks for being concerned and getting involved. District Loss Prevention Manager General Manager District Manager H:\DAI'A\WORDFILE~FORMSiCOMMEND.DOG q~chment q_3 American Drug Stores -~~ LOS ANGELES REGION Loss Prevention Liquor Checks 1996 DATE STORE# LOCATION PERFORMED DLPM: RESULT: H:\DATA\WORDFII,E\FORMS\L[QUORDOGLI/6/96/8:48 AM Attachment A-4 CASH REGISTER AGE VERIFICATION FOR LIQUOR PURCHASES Your store's cash register program includes Age Verification on liquor purchases. Age verification will allow the register to restrict the sale of &quor items, based on the customer's birth date. Following is a list of requirements for Age Verification, and a description of how the feature operates. All liquor UPC's or PLU entered in a transaction that is in Report Code 7 or 8 will cause the terminal to prompt the operator to "ENTER BDATE". The operator then enters the customer's birth date (MIVIDDYY). If the customer is over 21, the item will be rung up; any remaining restricted items can be entered without the need to re-enter the birth date. If the customer's age is under 21, the item will be rejected and the terminal will display "AGE RESTRICTION" press "CLEAR". After pressing the CLEAR key, the operator can continue the transaction with any remaining unrestricted items. The birth date and/or age restriction message will be printed on the journal tape, but will not appear on the customer's receipt. If it is necessary to override the Age Verification restriction, use 010101 as the birth date. This override should only be done with management approval. G1I,IQLICWDEW QtEV.LPACKAGE Artachment B AMERICAN DRUG STORES SI~'~ ~ OscoDrut,~ STORE MANAGEMENT POLICY STATEMENT COVERING THE SALE AND HANDLING OF ALCOHOLIC BEVERAGES --' Asa a ra g ne t manager or assistant mans errs) of an Osco Sav-on Store sellin alc holi be ra 9 / o c ve es ou are responsible for fulfilling the company's legal requirements (federal, state and IocaD in the sale and handling of alcoholic beverages. This not only means your follow through but also your associates follow through. This responsibility must be met without deviation because any infraction not only Jeopardizes the liquor license of your respective store, but of all Osco/Saxon stores. It is your responsibilityto ensure the training and education of all your store associates regarding the legal requirements in the sale and handling of alcoholic beverages. This includes: 1. Having your associates read and understand the Osco/Sav-on Associate Policy Statement along with state and local laws. 2. Having your associates view the Video Liquor Training Program (if available in your state). 3. Review regulation of knowingly selling alcoholic beverages to other retailers which is illegal. 4. The signing of the policy statements every six months or as needed by all your assoaates including new associates and management trainees. (Retain at store IeveU. 5. Directing signed management policy statements every six months to your i district manager that will in turn be forwarded to the Operating Vice President. 6. Review periodic bulletins with a!I associates. 7. Proper posting of signs and other preventative materials. Any violation, where negligence on your part is found, may subJect you to the following: 1. Possible personal prosecution under state and local laws. 2. Disciplinary action under company policy. 3. Possible fines or payments of legal fees levied against your bonus and/or store level earnings. Please sign below that you have read the above policy. American Drug Stores, Inc. HAVE READ AND CLEARLY UNDERSTAND THE ABOVE STATEMENTAND THE ATTACHED OSCO/SAV-ON ASSOCIATE POLICY STATEMENT. Assistant General Mgr's Signature Assistant Mgr's Signature Oate General Mgr's Signature Store No. and Addrer- D•494 '1/92 499392 Attachment C Executive Offices 1818 Swift Drive AMERICAN DRUG STORES, INC. Oak Brook, II. 60521 LEGAL RESTRICTIONS FOR THE SALE AND HANDLING OF ALCOHOLIC BEVERAGES -CALIFORNIA Alcoholic beverages are offered for sale in many American Drug Stores as a convenience to the-'customer. In order to sell alcoholic beverages, a store must have a Federal Tax Stamp and a State Liquor License. The holding of these licenses is a privilege and imposes strict obligations on the holder of the license. SALES RESTRICTIONS Company policy requires an American Drug Stores associate to be at feast 18 years of age to ~I alcoholic beverages with the condition that the transaction be approved by an employee who is at least 21 years of age. 16- year olds with 21-year old continuous supervision can handle and stock alcoholic beverages. Store management must take steps to ensure compliance with these restrictions and company policy. No person under the legal age 21 may buy alcoholic beverages under any circumstances. Prior to making a sale of any alcoholic beverages, you should make a determination whether the customer is of legal age. If the customer does not appear to be 30 or older, you must always demand and inspect proper identification prior to crompleting the sale. Proper identification means a valid picture drivers license or DMV (state identification) card. If the slightest doubt remains that the customer is not 21 years old after having seen their identification, do not make the sate. Any doubt must be completely resolved before a sale is made, notwithstanding the age indicated by I.D.'s. We are under no obligation to sell alcoholic beverages to any customer where there is reason to believe that the purchaser is under legal age 21, regardless of the number and type of identification the purchaser produces to substantiate their age. In addition to the oenalties imposed upon the companv the person makirLq this sale is ~~~stomarily cnPrl and sr,Pri fnr selling liquor to a minor To roo test yourself and the comoanv check the ~~ctr,rr,P~~ i~lpntifiratinn If fhora i~ Attu reasonable doubt that the person is of coffcient age to r?urchace the prodcef invnivPd you chn~~Id rafi~eP +ti calP of liquor to that individual. You may not sell or give any alcoholic beverage to any person who looks or acts intoxicated (even 'rf they are not driving). If you break this law, you may be arrested and charged with a crime. If convicted. you may be fined uo to $1.000 and/or sent to counp~ jail for uo to six months. If you sell or give a0y alcnhnlir. beverage to an underage obviously intoxicated person,yo~ u may be sued by anv person inii rl ed by the underaggp r on It will be the responsibility of the General Manager to assure that their store is operating within the legal restrictions of all local regulations governing the sale and display of alcoholic beverages. Every General Manager must be continually on the alert to ensure that the sale and handling of alcoholic beverages conforms with the law and company policy. Also, the General Manager should make these rules and restrictions clear to all personnel. Sales to minors regardless of whether the General Manager is within the store at the time of sales are their responsibility. AMERICAN DRUG STORES, INC. ASSOCIATE POLICY STATEMENT CONCERNING SALE AND HANDLING OF ALCOHOLIC BEVERAGES I have read the above policy statement and clearly understand American Drug Stores' policy prohibiting the sale of alcoholic beverages to obviously intoxicated persons and persons not of legal age. I also understand the strict requirement that in all cases, with even the slightest doubt, proper identification must be inspected as a condition of the sale. I further understand that my involvement in ~y illegal sale of alcohol, or failure on my part to request reasonable identification establishing the purchasers age, or the sale by me of liquor to an underage person, will subject me to immediate disciplinary action, up to and including discharge. Employee Signature Date General Manager Signature Date Store No. G:\LIgLIC\FORMSILEGA LRST Attachment D State of California Department of Alcoholic Beverage Control ' CLERK'S AFFIDAVIT and "NOTICE TO OUR CUSTOMERS" Sign . Required by Section 25658.4 Business & Professions Code INSTRUCTIONS TO LICENSEE: The attached Clerk's Affidavit (pages 2-4) and "Notice to Our Customers" sign (page 5) are required by law effective January 1, 1992 for all off-sale (Type 20 and 21) licensees. The Clerk's Affidavit must be read, understood and signed (under penalty of perjury) by every person who sells alcoholic beverages in your store, including yourself, before they may sell any alcoholic beverage. "Alcoholic beverage" includes beer, wine, coolers or spirits. You must keep the signed Clerk's Affidavit(s) on the licensed premises at all times and make them available for inspection by the Department. If you have more than one licensed premises, you may keep your signed "Clerk's Affidavit(s)" at the place where your business records are stored. _ You may photocopy the Clerk's Affidavit if more are needed, or obtain additional copies at no cost from your local ABC District Office. You must post a sign similar to the one shown on page S in your store. You must post it at your entrance, point of sale, or any other location visible to your customers and employees. There is no minimum size requirement for the sign. It is suggested that the sign be at least 8-12 x 11". Failure to comply with these requirements may result in the suspension or revocation of your ABC license. If you have any questions, contact your local ABC District Office. ABC-299 (12/93) Attachment E CLERK'S AFFIDAVTT Alcoholic Beverage Control (ABC) Laws Part 1: REVIEW OF LAWS (clerk must read and understand these laws) (1) Sales to Underage Persons You may not sell or give any alcoholic beverage to any person under the age of 21 yeazs. You may not permit others to give alcoholic beverages to any underage person. Tf you break this law, you may be arrested and chazged with a crime. If convicted, you may be fined a maximum of $1,000 and/or ordered to do up to 32 hours of community service. (Sections 25658(a), 25658(d) & 25617 Business & Professions Code) (2) Underage Persons Who Purchase Alcoholic Beverages A customer under the age of 21 years may not buy alcoholic beverages. If a customer breaks this law, they may be arrested and charged with a crime. If convicted, the customer may be fined a maximum of $1,000 and/or ordered to do up to 32 hours of community service. In addition, the underage customer may have their driver's Iicense taken away or delayed for one year. (Sections 25658(b), 25658(d) and 25617 Business & Professions Code and Section 13202.5 Vehicle Code) (3) Underage Persons who try to Purchase Alcoholic Beverages A customer under the age of 21 yeazs may not try to buy alcoholic beverages. If a customer breaks this law, they may be cited and chazged with a crime. The customer may be fined up to $250 and/or ordered to do up to 36 hours of community•service. In addition, the underage customer may have their driver's license taken away or delayed for one yeaz. (Section 25658.5 Business & Professions Code and 13202.5 Vehicle Code) _ (4) Checking Identification (I.D,) If you ask for and see, bona fide (legally acceptable) I.D. before you sell an alcoholic beverage to a customer, you can defend yourself against a chazge of selling alcoholic beverages to an underage person. (Section 25660 Business and Professions Code). An I.D. is legally acceptable if it: O Is issued by a government agency (such as federal, state, county or city) O Contains the name of the person O Contains the date of birth of the person O Contains a description of the person O Contains a photograph of the person O Is currently valid (in other words, not expired) Examples of legally acceptable I.D.'s aze: a driver's license, state-issued I.D. cazd, Federal military I.D. cazd, U.S. passport (or foreign passport with photo} or a U.S. Government immigrant I.D. card. Caution: The picture and physical description on the I.D. must match the customer. If the I.D. is altered or mutilated, it is'not acceptable. You must check a customer's I.D. every time you sell alcoholic beverages to that customer. Examples of unacceptable I.D.'s aze: temporary driver's Licenses, non-photo driver's licenses, birth certificates and school or work I.D. cazds. ABC-299 (12/93) 2 (5) Hours of Sale You may only sell alcoholic beverages from 6:00 a.m, on one day unti12:00 a.m. on the following day. If you break this law, you may be chazged with a crime. If convicted, you may be fined up to $1,000 and/or sent to county jail for up to six months. Caution: Some stores must stop selling alcoholic beverages earlier than 2:00 a.m. because of local laws or special conditions (restrictions) on the ABC license. You must obey any special conditions if your store's ABC license has them. Otherwise, the ABC license at your store may be taken away. (Sections 25661, 25b17 and 23800-23805 Business & Professions Code) (ti) Sales to Obviously Intoxicated Persons You may not sell or give any alcoholic beverage to any person who looks or acts intoxicated (even if they aze not driving). If you break this law, you may be arrested and chazged with a crime. If convicted, you may be fined up to $1,000 and/or sent to county jail for up to six months. If you sell or give any alcoholic beverage to an underage, obviously intoxicated person, you may be sued by any person injured by the underage person. (Sections 25602(a), 25617 and 25602.1 Business & Professions Code) (7) ABC License Privileges You or your customers may not drink alcoholic beverages in your store or an adjacent property immediately outside your store. This includes before, during or after your shift. All alcoholic beverages you sell must be in sealed, unopened bottles, packages or containers. You may not sell an alcoholic beverage to a person if you know that they are going to re-sell the alcoholic beverage to someone else. You may not sell more than 52 gallons of wine to any one customer at any one time. If you break these Iaws, the ABC license at your store may be taken away. (Sections 23300, 23355, 23393, 23394 and 23402 Business & Professions Code and Rule 27, California Code of Regulations) Part 2: CLERK'S PRIOR VIOLATIONS (clerk must check one) I have never been convicted of violating any law in the Alcoholic Beverage Control Act (such as selling an alcoholic beverage to an underage or obviously intoxicated person). I have been convicted of violating a law (or laws) in the California Alcoholic Beverage Control Act (such as selling an alcoholic beverage to an underage or obviously intoxicated person). [If you checked this box, please explain in full what happened, Use the space below or a separate sheet of paper, if necessary.] ABC-299 (12/93) 3 Part 3: DECLARATION UNDER PENALTY OF PERJURY (clerk must complete this section) I have read and understand this.affidavit. I swear that ali statements I have made in this affidavit are true. I swear that I signed this affidavit, on the date stated, under "penalty of perjury". I understand that if I did not tell the truth in this affidavit, I may be found guilty of the crime of lying. Signature of Clerk Date Name of Clerk (printed) Home Address: Street City State Zip Home Telephone Work Telephone Part 4: ACKNOWLEDGMENT OF LICENSEE (employer must complete this section) I have reviewed the attached "Clerk's Affidavit" with the person who signed it. I will keep a signed copy of the "Clerk's Affidavit" at (show address where "Clerk's Affidavit" will be kept): I understand if I do not have a signed "Clerk's Affidavit" for every person who sells alcoholic beverages in my store, the ABC may discipline my license. Signature of Licensee (or Licensee's Agent) Date ABC License Number Part 5: NOTICE TO LICENSEE (employer must read this section, then post sign in store) You must post a sign in your store that warns customers about certain laws. The sign must be placed at an entrance or at a point of sale in your store, or in any other location in your store that is visible to your customers and employees. A sample sign which satisfies the requirements of Business & Professions Code Section 25658.4(b) is shown on the following page. ABC-299 (12/93) 4 NOTICE TO OUR CUSTOMERS THIS STORE WILL NOT SELL ALCOHOLIC BEVERAGES IN VIOLATION OF THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL ACT. WE WILL REFUSE TO SELL AN ALCOHOLIC BEVERAGE TO ANY CUSTOMER IF WE REASONABLY SUSPECT THAT: (I) THE CUSTOMER IS UNDER THE AGE OF 21 YEARS. (2) THE CUSTOMER LOOKS OR ACTS INTOXICATED. {3) THE REQUEST TO BUY AN ALCOHOLIC BEVERAGE IS MADE BETWEEN THE HOURS OF 2:00 A.M. AND 6:00 A.M. ON ANY DAY OR IN VIOLATION OF LEGALLY REQUIRED SHORTER HOURS OF SALE. (4) THE CUSTOMER INTENDS TO DRINK THE ALCOHOLIC BEVERAGE IN THIS STORE OR ON ADJACENT PROPERTY Il~IMEDIATELY OUTSIDE THIS STORE. (5) ANY OTHER VIOLATION OF THE CALIFORNIA. ALCOHOLIC BEVERAGE CONTROL ACT WII.L OCCUR AS A RESULT OF THE SALE. SPECIAL NOTICE TO MINORS IF YOU ARE UNDER THE AGE OF 21 YEARS AND YOU BUY, OR TRY TO BUY, ANY ALCOHOLIC BEVERAGE IN THIS STORE, YOU MAY BE ARRESTED AND CHARGED WITH A CRIME. IF YOU ARE CONVICTED, YOU MAY BE FINED UP TO $1,000 AND/OR ORDERED TO DO UP TO 36 HOURS OF COMMUNITY SERVICE. IN ADDITION, YOUR CALIFORNIA DRIVER'S LICENSE MAY BETAKEN AWAY OR, IF NOT YET ISSUED, DELAYED [VEHICLE CODE SECTION 13202.5j. WE APPRECIATE YOUR COOPERATION. THE MANAGEMENT ABC-299 (12/93) 5 STATE OF CALIFORNIA ZONING DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AFFIDAVIT PR MISESADDR SS PARCEL NUMBER OF PROPERTY C~oIUJHTY ASSESSOR S ~ ~FICE BEFOAE CONTACTING PLANNING DEPARTMENn TYPE OF LICENSE LICENSE INFORMATION UPGRADE OF LICENSED INDICATE CURRENT LICENSE TYPE PRIVILEGES? ? YES ? NO TYPE OF BUSINESS (Ce., RESTAURANT; MINI~AART, GAB STAION, ETC.) HOW ARE APPLICANT PREMISE6 ZONED4 6TATE TYPE Q.s., 'C COMMERCIAL, 'R' RESIDENTIAL, ETC.) ~ DOES ZONING PERMIT INTENDED USE? ?YES ?NO CONDITIONAL USE PERMIT (C. U. P.) NEEDED? ?YES ? NO IFYES, DATE CONDITIONAL USE PERMITAPPLICATIONFILED (? NAMEOFPLANNERCONTACTEDATPLANNINGDEPARTMEN PHONE NUMBER • Under the penalty of perjury, I declare the information in this affidavit is We to the best of my knowledge. I acknowledge thatany false or misleading information will constitute grounds for denial of the application for the license or if the license is issued In reliance on information in this affidavitwhich Is false or misleadng, then such information witi constitute grounds for revagtion of the license so , issued. DATE • ' ~ ~ ~ IFAPPROVED, EFFECTIVE DATE FILE NUMBER ? C. U. P. APPROVED DATE DENIED ? C. U. P. DENIED ABC- ~ , ~ i ~ ? ~ • ~ ~ ~ s ~ ~ ~ ! ~ i ~ ? ~ ~ ~ ? ~ 1 A{tachMent __- It you're under 21,the soft drinks are over there. XO L0.X0 SAIE NO WIY. ¦ ¦ We do not sell BEER in less than six -packs o r WINE CDOL ERS i n less than four -packs. We apologize for any inconvenience this may cause. Thank You. Attachment G NO SALE. NOWAY. ,Y~ls~f ,- 1 RESOLUTION NO. • 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL 3 PLAN AMENDMENT NO. 00-O1 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATIONS 4 FROM RL, RESIDENTIAL LOW, TO CG3, COMMERCIAL GENERAL - UMVERSITY VILLAGE, FOR 6.66 ACRES LOCATED AT THE NORTHWEST 5 CORNER OF UMVERSITY PARKWAY AND KENDALL DRIVE. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION i. Recitals 9 (a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the 10 Mayor and Common Council by Resolution No. 89-159 on June 2, 1984. 11 12 (b) WHEREAS, General Plan Amendment No. 00-01 to the General Plan of the City of 13 San Bernardino was considered by the Planning Commission on March 6, 2001, after a noticed • 14 public hearing, and the Planning Commission's recommendation of approval has been 15 considered by the Mayor and Common Council. 16 (c) WHEREAS, an Initial Study was prepared on January 18, 2001 and reviewed by 17 18 the Environmental Review Committee and the Planning Commission who both determined that 19 General Plan Amendment No. 00-O1 would not have a significant effect on the environment 20 and therefore, recommend that a mitigated Negative Declaration be adopted. 21 (d) WHEREAS, the proposed mitigated Negative Declaration received a 20-day public 22 23 review period from January 24, 2001 through February 14, 2001 and all comments relative 24 thereto have been reviewed by the Planning Commission and the Mayor and Common Council 25 in compliance with the California Environmental Quality Act (CEQA) and local regulations. 26 (e} WHEREAS, the Planning Commission conducted a noticed public hearing on • 27 March 6, 2001 in order to receive public testimony and written and oral comments on General 28 X916 /Y 1 /~/2/D ~ 1 Plan Amendment No. 00-01 (a proposal to change the General Plan Land Use Designation • 2 from RL, Residential Low, to CG-3, Commercial General -University Village, for 6.66 acres 3 located at the northwest corner of University Parkway and Kendall Drive) and fully reviewed 4 and considered the Planning Division staff report and the recommendation of the 5 6 Environmental Review Committee. 7 (f) WHEREAS, the Mayor and Common Council held a noticed public hearing and 8 fully reviewed and considered proposed General Plan Amendment No. 00-O1 and the Planning 9 Commission and Environmental Review Committee recommendations and Planning Division 10 Staff Report on Apri12, 2001. ll 12 (g) WHEREAS, the adoption of General Plan Amendment No. 01-01 is deemed in the 13 interest of the orderly development of the City and is consistent with the goals, objectives and • 14 policies of the existing General Plan. 15 SECTION 2. Miti atg ed Negative Declaration 16 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the 17 18 Mayor and Common Council that the proposed amendment to the General Plan of the City of 19 San Bernardino will have no significant effect on the environment, and the mitigated Negative 20 Declaration heretofore prepared by the Environmental Review Committee as to the effect of 21 this proposed amendment is hereby ratified, affirmed and adopted. 22 23 SECTION 3. Findines 24 BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San 25 Bernardino that: 2G A. The proposed amendment is internally consistent with the General Plan in that it meets • 27 Objective 1.23 to "Develop properties adjacent to the California State University at San 28 2 1 Bernazdino along North Pazk Boulevard, Kendall Drive, and University Parkway for • 2 commercial and personal service uses to meet the needs of students, faculty and 3 visitors". 4 B. The proposed amendment would not be detrimental to the public interest, health, safety, 5 6 convenience, or welfare of the City in that any development proposed for the site in the 7 future will be required to meet the extensive development standazds that are in place to 8 buffer nearby sensitive uses and that enable commercial projects to blend with adjacent 9 neighborhoods. 10 C. The proposed amendment would not impact the balance of land uses within the City in 11 12 that the addition of commercial designated land will provide additional opportunities for 13 economic development that have been lost during the recession of the last several years. • 14 D. In the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is 15 physically suitable (including, but not limited to access, provision of utilities, l6 compatibility with adjoining land uses, and absence of physical constraints) for the 17 18 requested land use designation(s) and the anticipated land use development(s) in that the 19 amendment area is bounded on two sides by developed, dedicated streets, and existing 20 infrastructure suitable for urban development. 21 SECTION 4. Amendment 22 23 BE IT FURTHER RESOLVED by the Mayor and Common Council that: 24 A. The Land Use Plan of the General Plan of the City of San Bernazdino is amended by 25 changing the land use designation from RL, Residential Low, to CG-3, Commercial 26 General -University Village, for 6.66 acres located at the northwest corner of • 27 University Parkway and Kendall Drive. This amendment is designated as General Plan 28 3 I 1 Amendment No. 00-01 and its location is outlined on the map entitled Exhibit 1, and • 2 further described in Exhibit 2, copies of which are attached and incorporated herein for 3 reference. 4 B. General Plan Amendment No. 00-Oi shall become effective immediately upon adoption 5 G of this resolution. 7 SECTION 5. Map Notation 8 This resolution and the amendment affected by it shall be noted on such appropriate 9 General Plan maps as having been previously adopted and approved by the Mayor and 10 Common Council and which are on file in the office of the City Clerk. it 12 SECTION 6. Notice of Determination 13 The Planning Division is hereby directed to file a Notice of Determination with the • 14 County Clerk of the County of San Bernardino certifying the City's compliance with 15 California Environmental Quality Act in preparing the Negative Declaration. 16 //// 17 18 /!/1 19 //// ~I 20 21 22 23 24 25 26 • 27 28 4 1 RESOLUTION ...ADOPTING GENERAL PLAN AMENDMENT NO. 00-Oi TO • THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE 2 GENERAL PLAN LAND USE DESIGNATIONS FROM RL, RESIDENTIAL LOW, TO 3 CG-3, COMMERCIAL -UNIVERSITY VILLAGE, FOR 6.66 ACRES LOCATED AT THE NORHTWEST CORNER OF UMVERSITY PARKWAY AND KENDALL DRIVE. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a meeting thereof, 7 held on the day of , 2001, by the following vote, to wit: 8 Council Members AYES NAYS BA STAIN ABSENT 9 ESTRADA 10 LIEN 11 12 MCGINNIS 13 SCHNETZ • 14 SUAREZ 15 ANDERSON 16 MC CAMMACK 17 18 19 City Clerk ' 20 The foregoing resolution is hereby approved this day of 21 2001. 22 JUDITH VALLES, Mayor 23 City of San Bernazdino 24 Approved as to form and legal content: 25 26 JAMES F. PENMAN City Attorney • ? 28 , 5 Exhibit 1 CITY OF SAN BERNARDINO PROJECT: GPA No. 00-01; PLANNING DIVISION TPM No. 15537; CUP No. 00-13; LOCATION MAP VAR No. 00-10 LAND USE DISTRICTS HEARING DATE: 04/02/01 NORTH Proposed GPA from RL, Residential Low to CG-3, Commercial General ~Fti ~ i ~ ~ ~p ~ ~ ~ ~ . ~ ~ ~ ~e/~Q' ~ ~ / Q(01 CAlIip1 NI! lTATE 4' Y . ~ d o ~ ~ J1C v • ' ~ A b.u ` i~! A7 ° ~ tom/ M~ i f1 Q~ " ~ .l -a- bra. J~ ~ ~ [ ~ ~ Y~ L * r f a ° ~ • ~ a '' ~ • ~ d '~ °r~°• ~ ; "~°°u ° ~ ~i _ . .- EXHIBIT 2 • PARCEL A (APN 0151-241-03,12) THAT PORTION OF LOTS 1 AND 2, BLOCK 3 OF THE WIGGINS TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE(S) 74, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHWESTERLY OF A LINE THAT IS 100.00 FEET NORTHWESTERLY OF AND MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF KENDALL DRIVE AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED NOVEMBER 13, 1925, IN BOOK 39, PAGE 57, OFFICIAL RECORDS OF SAID COUNTY AND THE WEST LINE OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IF SAID SECTION LINES WERE EXTENDED ACROSS THE MUSCUPIABE RANCHO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 23, RECORDS OF SAID COUNTY; THENCE SOUTH 60° 34' S6" EAST (RECORDED SOUTH 60° 25' EAST) ALONG SAID CENTER LINE, A DISTANCE OF 35.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 58° 45' 19" EAST, A DISTANCE OF 378.22 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE • LEFT, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 4000.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 09° 15' 19", A DISTANCE OF 646.14 FEET; THENCE NORTH 49° 30' 00" EAST, TANGENT TO SAID CURVE, A DISTANCE OF 563.31 FEET TO THE POINT OF TERMINATION. THE SIDE LINES OF SAID PARCEL ARE TO BE LENGTHENED OR SHORTENED SO AS TO COMMENCE ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID KENDALL DRIVE AND TO TERMINATE ON A LINE THAT IS 120.00 FEET, SOUTHWESTERLY OF, MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH !I THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST WESTERLY CORNER OF THE PROPERTY CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JUNE 30, 1964, IN BOOK 6180, PAGE 106, OFFICIAL RECORDS OF SAID COUNTY, A RADIAL BEARS NORTH 31° 2S' 59" EAST, FROM SAID MOST WESTERLY CORNER OF SAID STATE PROPERTY; THENCE ALONG A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADNS OF 2268.19 FEET ANA A CENTRAL ANGLE OF 35° 46' Ol", A DISTANCE OF 14SS.S1 FEET TO THE TERMINATION THEREOF. EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THAT CERTAIN . PARCEL OF LAND CONVEYED TO RYLAND M. THOMASON, A MARRIED MAN BY DEED RECORDED NOVEMBER 30, 1962, IN BOOK 5810, PAGE 124, OFFICIAL • RECORDS OF SAID COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED APRIL 23,1940, IN BOOK 1415, PAGE 37, OFFICIAL RECORDS OF SAID COUNTY. NOTE: BASIS OF BEARING FOR THE ABOVE LEGAL DESCRIPTION IS A BEARING OF SOUTH 21 ° 48' 00" EAST, BETWEEN G. E. SHEARES CORNER NUMBER 14 AND CORNER NUMBER 15 AS PER RECORD OF SURVEY RECORDED IN BOOK 4, PAGES 9 AND 10, RECORDS OF SAID COUNTY. i REFERENCE IS MADE TO A RIGHT OF WAY MAP ON FILE IN THE CITY ENGINEERS OFFICE, PLAN N0.3181 FOR MORE PARTICULARS. PARCEL B (APN 0266-115-14) THAT PORTION OF THE NORTHWEST 1/4 OF LOT 3, BLOCK 3 OF THE WIGGINS TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE(S) 74, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, LYING • NORTHWESTERLY OF A LINE THAT IS 100.00 FEET NORTHWESTERLY OF AND MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF KENDALL DRIVE AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED NOVEMBER 13, 1925, IN BOOK 39, PAGE 57, OFFICIAL RECORDS OF SAID COUNTY, AND THE WEST LINE OF SECTION 17, TOWNSHIP I NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IF SAID SECTION LINES WERE EXTENDED ACROSS THE MUSCUPIABE RANCHO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 23, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 60° 34' S6" EAST (RECORDED SOUTH 60° 26' EAST) ALONG SAID CENTER LINE, A DISTANCE OF 35.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 58° 45' 19" EAST, A DISTANCE OF 378.22 FEET TO THE POINT OF TERMINATION. NOTE: THE BASIS OF BEARING FOR THE ABOVE LEGAL DESCRIPTION IS A BEARING OF SOUTH 21 ° 48' 00" EAST, BETWEEN G. E. SHEARES CORNER N0. 14 AND CORNER N0. 15, AS PER RECORD OF SURVEY, RECORDED IN BOOK 4, PAGES 9 AND 10, RECORDS OF SAID COUNTY. PARCEL C • THE PROPERTY REFERRED TO IN THIS REPORT IS SITUATED TN THE NORTHWEST ONE QUARTER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 4 WEST, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS; THAT PORTION OF BLOCK 3, OF THE WIGGINS TRACT, AS SHOWN BY MAP ON FILE IN BOOK 3, PAGE 74, OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTERLINE INTERSECTION OF KENDALL DRIVE AND UNIVERSITY PARKWAY; THENCE NORTH 60 DEGREES 32 MINUTES 54 SECONDS WEST ALONG SAID CENTERLINE OF KENDALL DRIVE, A DISTANCE OF 35.74 FEET, TO ITS INTERSECTION WITH THE WEST LINE OF SAID SECTION 17; THENCE NORTH 00 DEGREES 02 MINUTES 35 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 57.44 FEET TO THE NORTHERLY RIGHT OF WAY OF KENDALL DRIVE BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF SAID SECTION 17, NORTH 00 • DEGREES 02 MINUTES 35 SECONDS WEST A DISTANCE OF 23.01 FEET TO A POINT THAT MEASURES 100.00 FEET NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY PARKWAY; THENCE NORTH 58 DEGREES 47 MINUTES 55 SECONDS EAST PARALLEL TO SAID ' CENTERLINE OF UNIVERSITY PARKWAY, A DISTANCE OF 354.16 FEET TO THE BEGINNING OF A 3900.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, A RADIAL TO SAID BEGII~INING BEARS SOUTH 31 DEGREES 13 MINUTES 38 SECONDS EAST; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09 DEGREES 15 MINUTES 10 SECONDS AN ARC DISTANCE OF 629.82 FEET, A RADIAL TO SAID POINT BEARS SOUTH 40 DEGREES 28 MINUTES 48 SECONDS EAST, SAID POINT BEING 100.00 FEET NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY PARKWAY; THENCE NON-TANGENT TO SAID CURVE, NORTH 49 DEGREES 31 MINU'T'ES 36 SECONDS EAST PARALLEL TO THE CENTERLINE OF UNIVERSITY PARKWAY A DISTANCE OF 102.33 FEET TO THE NORTH LINE OF LOT 1, BLOCK 3, OF THE WIGGINS TRACT AS RECORDED IN BOOK 3, PAGE 74, OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA; THENCE NORTH 89 DEGREES 58 MINUTES 16 SECONDS EAST ALONG SAID NORTH LINE OF SAID LOT 1 A DISTANCE OF 53.95 FEET, TO A POINT THAT MEASURES 65.00 FEET NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY PARKWAY; THENCE SOUTH 49 DEGREES 31 MINUTES 36 SECONDS WEST PARALLEL TO THE CENTERLINE OF UNIVERSITY PARKWAY A DISTANCE OF 293.12 FEET TO THE BEGINNING OF A 3025.16 FOOT RADIUS TANGENT CURVE, CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF O1 DEGREES 09 MINUTES 19 SECONDS AN ARC DISTANCE OF 61.00 FEET, TO THE BEGINNING OF A 3940.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, A RADIAL TO SAID BEGINNING BEARS SOUTH 37 DEGREES 24 MINUTES 51 SECONDS EAST; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06 DEGREES 11 MINUTES 12 SECONDS AN ARC DISTANCE OF 425.43 FEET, SAID POINT BEING 60.00 FEET NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY PARKWAY; THENCE NON-TANGENT TO SAID CURVE, SOUTH 58 DEGREES 47 MINUTES 55 SECONDS WEST PARALLEL TO THE CENTERLINE OF UNIVERSITY PARKWAY, A . DISTANCE OF 333.48 FEET; THENCE SOUTH 89 DEGREES 07 MINUTES 31 SECONDS WEST A DISTANCE OF 36.59 FEET TO THE NORTHERLY RIGHT OF WAY TO KENDALL DRIVE; THENCE NORTH 60 DEGREES 32 MINUTES 54 SECONDS WEST ALONG THE NORTHERLY RIGHT OF WAY OF SAID KENDALL DRIVE A DISTANCE OF 2.11 FEET TO THE TRUE POINT OF BEGINNING. SAID PROPERTY CONTAINS 0.9909 ACRES. RPR-02-01 09:15 RM MAPCO 909 890 9355 P.01 April 2, 2001 James Funk, Director of Developmont Services City of San Bernardino 300 Nonh'v" St., 3n° Floor San Bernardino, CA 42418 Re: University Commons Retail Center QPA 00-01, CUP 00-13 Dcar lames: On behalf of the owner/developer. Berksou Realty Advisors, we heroby wish to modify - -- . our proposed project to eliminatethe propoudleft-band tum lane located oa Univasity Aveaue. Due to araunstancea ittvotving exiatiag and proposed uaHic patterns. u weIl as new information brought to our attemiorl by California State University at Saa Baaerdino, we fed that it is not appropriate to address this feature tt this tine. "~` Please have your staff roport amended aocordingiy Thank you. very truly yours, David fi. Mlypatalo D]..M:chd 184 W. NoapiEatily lane. Suite 1•A P.O. Box 5822 San eematdlno, CA 82412 A90~9333 Fax 89Q-8355 TslephgrN: (909) (908} ~~v/ ~lq CITY CLERK'S OFFICE RnctrEt, G. CLAxx, C.M.C. - Crrv Crexx P.O. Box 1318 • San Bernazdino • CA 92A02 300 North "D" Street • San Bernardino • CA 92418-0001 909.384.5002 • Fax: 909.384,5158 Business Registration Division: 909.384.5302 San Bernar ono Passport Acceptance Facility: 909.384.5128 sM www.ci.san-bernazdino.ca.us Apri14, 2001 Mr. David Mlynarski MAPCO P.O. Box 5822 San Bernardino, CA 92412 Dear Mr. Mlynarski: At their meeting of April 2, 2001, the Mayor and Common Council approved the following motion relative to the project located at the northwest comer of Kendall Drive and University Parkway. That the public hearing be closed; that the Mayor and Common Council adopt the resolution and adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; approve Tentative Parcel Map No. 15537; Conditional Use Permit No. 00-13, excluding median cut on University Parkway; Variance No. 00-10; and make a determination that the public convenience or necessity is served based on the Findings of Fact and subject to the Conditions of Approval (Attachments C and D as amended) in the Planning Commission Staff Report, and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 21 (off-sale general) license for the proposed Sav-On Store located at the northwest corner of University Parkway and Kendall Drive; and direct staff to identify options to mitigate through traffic on Cambridge. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, ( , ,A_:_ Rachel G. Clark, CMC City Clerk RCas cc: Development Services Howard Berkson, Berkson Realty LLC, 1341 India Street, San Diego, CA 92101 CITY OF SAN BERNARDINO ADOrI'EU SHARED VALUES: Integrity • Accountability • Respect for Human Dignity • Honesty FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~`}- 2-O ~ Item # \ q Resolution # 200 \ "~5 Vote: Ayes ~ -'~ Nays ~ Abstain Absent Change to motion to amend original documents: -" Reso. # On Attachments: Conhact term: '~~ NulWoid After: '-- Note on Resolution of Attachment stored sepazately: ~- Duect City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY Date: -- See Attached: Date Sent to Mayor: ~- 3^O 1 Reso. Log Updated: Date of Mayor's Signature: ~I-3-O1 Seal Impressed: ~/ Date of Clerk/CDC Signature: 4-4-b\ Date Memo/Letter Sent for Signa See Attached: _ Date Returned: 60 Day Reminder Letter Sent on 30th day: See Attached: _ 90 Day Reminder Letter Sent on 45th day: See hed: Request for Council Action & Staff Report Attached: Yes ? No _ By Updated Prior Resolutions (Other Than Below): Yes _ No ? By Updated CTTY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes _ No c/ By Updated CDC Personnel Folders (5557): Yes _ No i/ By Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No ~ By Copies Distributed to: City Attorney ~ Code Compliance Dev. Services EDA Finance MIS Pazks & Rec. Police Public Services Water 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: iYt Date: q~4-~