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HomeMy WebLinkAbout37-Planning and Building CWTY OF SAN BERARDINO - REQUEST ~R COUNCIL ACTION From: Al Boughey, Director Su~~:Conditional Use Permit No. 90-32 (Extension of Time) Dept: Planning and Building Services Mayor and Common Council Meeting April 20, 1992 Date: April 8, 1992 Synopsis of Previous Council action: No previous action by the Mayor and Common Council. Recommended motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and deny the Extension of Time request for Conditional Use Permit No. 90-32, (supports Planning Commission action); or That the hearing be closed and that the Mayor and Common Council uphold the appeal and approve the Extension of Time for one-year, until January 8, 1993, for Conditional Use Permit No. 90-32 subject to the Findings of Fact, Conditions of Approval and Standard Requirements contained in the Planning Commission Staff Report, (supports staff reco dation and appellant's request.) Contact person: Al Boughey Phone: 384-5357 Supporting deta ettached: Staff Report Ward: 3 FUNDING REQUIREMENTS: Amount: N / A Source: (Acct. No.! (Acct. DescriDtion) Finance: Council Notes: ,~'1 ClTY.OF SAN BERN~DINO - REQUEST lOR COUNCIL ACTION STAFF REPORT SUBJECT: Appeal of the Planninq Commission's denial of a request for a one-year Extension of Time for Conditional Use Permit No. 90-32, an application to establish a vehicle recyclinq yard on 9.5 acres located on the south side of Walnut Street, approximately 380 feet east of Muscott Street. Mayor and Common Council Meetinq April 20, 1992 REOUEST The applicant, John Liqhtburn, is Commission's denial of a request for a for Conditional Use Permit No. 90-32. appealinq the Planninq one-year Extension of Time BACKGROUND Conditional Use Permit No. 90-32 is an application to establish an automotive recyclinq yard on 9.5 acres in the IH, Industrial Heavy land use desiqnation. The site is located on the south side of Walnut street, approximately 380 feet east of the centerline of Muscott Street. On January 8, 1991, the Planninq Commission approved Conditional Use Permit No. 90-32. The findinqs of consistency were based on conformance with the General Plan, Urqency Ordinance, and Title 19 of the Municipal Code. On December 2, 1991, the City received a request for a one-year time extension of Conditional Use Permit No. 90-32, under the authority of Development Code Section 19.36.90. The basis of the request was to allow additional time for the project to comply with the 1,500 qallon per minute Fire Flow requirement of the City Fire Department. On March 3, 1992, the Planninq Commission denied the applicant's request for a one-year extension of time. The Planninq Commission's denial was based upon the findinqs that the proposed recyclinq yard would not be compatible with existinq and future land uses in the qeneral area, that the proposed use is not compatible in scale, mass, coveraqe, density, and intensity with the nearby residential land uses, and that the use will impose a harmful effect upon desirable neiqhborhood characteristics (See Statement of Official Planninq Commission Action, Exhibit B). o 0 Conditional Use Permit No. 90-32 (EOT) Mayor and Common Council Meeting April 20, 1992 Page 2 ANALYSIS Compatibility with the existing nearby residential neighborhood was addressed in the original Planning Commission staff Report for Conditional Use Permit No. 90-32 (See Planning commission Staff Report, Exhibit C). Project Conditions of Approval were included requiring the applicant to screen the perimeter of the yard on all sides with a 6-foot fence, and to ensure that vehicles were not stacked above the height of the 6-foot fence. Additional Conditions of Approval were added requiring the applicant to screen the proposed recycling yard from adjoining land uses with a TYpe A landscape screening per Development Code standards. TYpe A landscape screening includes 6-foot high screening accomplished by either a decorative masonry wall or screen shrubs planted 4 feet on center, and taller trees planted 30 to 40 feet on center. All of these conditions serve to soften the Industrial-Residential boundary along Walnut Street to ensure compatibility. At the Planning commission meeting, concern was also expressed with regard to the potential for the facility to generate noise, odors, and for gasoline or oil seepage into the ground. Noise was not identified as a concern during the original application process. However, if noise is a concern, it can likely be handled with additional Conditions of Approval restricting the hours of operation of the facility and the use of a public address system in the yard area. Any odors generated by the facility would likely be a result from the presence of gasoline or oil in the cars. Conditions of Approval Nos. 9 and 13 address this concern as well as the potential for leakage of gasoline or oil from the wrecked vehicles into the ground. Condition of Approval No. 9 restricts the facility from dismantling any liquid containers at the site. Condition of Approval No. 13 requires the applicant to drain all fluids, including gasoline or oil from all vehicles prior to storing/recycling them at the site. CONCLUSION The project development and operation would occur subject to the project Conditions of Approval. Therefore the proposed facility should be compatible with the surrounding land uses. OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL The Mayor and Council may deny the appeal and deny the Extension of Time request for Conditional Use Permit No. 90-32, or the Mayor and Council may uphold the appeal and approve a one-year Extension of Time, until January 8, 1993 for Conditional Use Permit No. 90-32. o 0 Conditional Use Permit No. 90-32 (EOT) Mayor and Common Council Meeting April 20, 1992 Page 3 RECOMMENDATION Staff recommends that the Mayor and co~ncil uphold the appeal and approve a one-year Extension of Time, until January 8, 1993, for Conditional Use Permit No. 90-32, subject to the Findings of Fact, Conditions of Approval and Standard Requirements contained in the Planning commission Staff Report (Exhibit C). Exhibits Mike Finn, Associate Planner for Al Boughey Director of Planning and Building Services A - Letter of Appeal Prepared by: B - Statement of Official Planning Commission Action C - Staff Report to the Planning Commission D - Official Notice of Public Hearing Before the Mayor and Common Council .N.,':;"~"'"""""~~';:~',,".~ o O""'i " 1- ~ .. '~'...~'~~ --- Mayor and Common Council 300 North D Street San Bernardino, Ca 92401 :~r~'" - ,\c..,~,.:c.;:, '" .... - -' .- '" '--'-,.. . . '-:.~,( -'92 '.It", ... ''''It 16 P3 :27 March 16, 1992 Reference: Conditional Use Permit 90-32, Request for an Extension of Time Dear Mayor and Counci I Members, On March 3, 1992, the San Bernardino Planning Commission, on a split decision, denied Mr. Bud Long's request for an extension of time for Conditional Use Permit -90-32. Therefore, by way of this letter, we are appealing to the Mayor and Common Council the Plaming Commission's denial of Conditional Use Permit -90-32. In order to allow Mr. Long's legal counsel sufficient time to review the issues and law related to this matter, we are requesting that the appeal hearing be held at the regularly scheduled meeting of the Common Council on April 20, 1992. cc: Mr. Bud Long fjJ j? r1J 'f I", ;,? n ~ 1- 'I r.n ,,,, I'1.JJ - ~ lY 'c[jJ 111/ I 9 15 Cliy . 1992 fj OEp",",,;)"SolN ~ . fv:r:.v.,. e~/fN.. . lJ/LO/1/G ~~ '!t.oI "'Ito/No ->EIlIf! ~~ING Ccs " .... "I ,"". 1~!;1 :....-.J.- ". i 0..1 .......l.O ...... ". ~ ._v - I"" ..... .~.... "ii.:l3l! "~.:1~ .;it~U: - - .' o o City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: CONDITIONAL USE PERMIT 90-32A (EXTENSION OF TIME) John Lightburn Mr. & Mrs. Buddy Long Applicant: owner: ACTION Meeting Date: March 3, 1992 X Denied based on Findings of Fact (Attachment A). yg:n Ayes: Nays: Abstain: Absent: cole, Ortega, Stone Lopez, Romero None Clemensen, Valles, Jordan I, hereby, certify that this Statement of accurately reflects the final determination Commission of the City of San Bernardino. .&~~~ signat~ Official Action of the Planning !~ Ld~?/ Date f/ If'l;? - .: / I~,F;' IJ ////:'1. (.: L. E. Reed, Assistant Director of Plannina & Buildina Services Name and Title cc: . Project Applicant 'Project Property owner . Plan Check Engineering Division Case File PLANNINGCOMM/AKJ Attachment: Appeal Rights Exhibit "B" ~- - o o Riaht of ADDeal According to the San Bernardino Municipal Code, Sections 2.64.030 and 2.64.040, the following would apply in regard to appeals to the Mayor and Common council of Planning Commission actions: "Except as provided in Section 2.64.020, any person aggrieved by, dissatisfied with, or excepting to any action, denial, order, requirement, permit, decision or determination made or issued by an administrative official or by an administrative board, commission, body or other agency of the city pursuant to the provisions of any ordinance, code, rule or regulation of the City, may appeal therefrom by filing a written notice of appeal with the city Clerk, directed to the Common council." "Any such notice of appeal shall not be valid and shall not be acted upon unless filed within fifteen days after the date of the action or decision appealed from. If notice of such action has not been provided in writing, and the appellant had no notice of the hearing at which the action was to be considered, the appellant may, within five days after first becoming aware of such action, demand written notice thereof, and shall have ten days following such notice in which to file the notice of appeal. A prospective appellant who was present at the time the action or decision relating thereto was made shall be presumed to have constructive notice thereof and shall file a notice of appeal within fifteen days after the date of the action or decision." Appeals on Planning Commission decisions on Tentative Tract or Parcel Maps must be filed in writing with the City Clerk within ten days of the date of decision. das:wp rightofappeal 12/12/91 CITY OF SAN BER INO PLANNING ANO BUILDING SERVICES OEPARTMENT . CASE CUP 90-'" LOCATION , o II"" AGENDA """Ill ITEM . 9 HEARING DATE l-R-Q' U' ~II!. .. ~ I PUH.a.11 ...., OF 1 t.... CUP 90-32 0 Meeting date: 3/3/92 o ATTACHMENT "B" FINDINGS OF FACT 1. The proposed vehicle recycling yard is a conditionally perllitted use within the IH. Industrial Heavy land use designation and cOllplies with all of the applicabl~ provisions of the DeveloPllent Code. 2. The proposed recycling yard will not illpair the integrity and character of the land use district in which it is to be located. in that the yard is in cOllpliance with the Industrial Developllent Design Guidel ines contained in the DeveloPllent Code and the Industrial District Specific Standards for autollotive dismantling yards. The proposal will be buffered froll the adjoining land uses with a Type I landscape screening per Developllent Code landscape standards. 3. The subject site is physically suitable for the type and intensity of land use being proposed, in that the site can accollllodate the proposed vehicle recycling yard in conforllance with all applicable DeveloPllent Code standards. 4. The proposed use is cOllpatible with the land uses presently on the subject property. in that the site is prillarily vacant. with the existing single-fallily dwellings separated froa the proposed use through a lot line adjustllent. 6 foot decorative wall, and Type I landscape screening. 5. The proposed recycling yard will not be ..collpatible with existing and future land uses in the general irea in which the proposed use is located. in that the proposed facility could create noise and odors not consistent with the residential uses located across Walnut on the north. or with the existing single-fallily dwellings adjoining the project site. 6. The proposed use is not compatible in scale, lIass. coverage. density. and intensity with all adjacent land uses, in that although the vehicle recycling yard conforas to all COllllercial Developllent Design Guidelines and applicable Developaent Code standards. it is not consistent with the scale lIass, coverage and density of the nearby residential land uses. 7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detriaental to public health and safety. in that the proposed project has been reviewed by the agencies responsible for providing these services and none of thea has indicated an inability to provide services to the site. o o CUP 90-32 Meeting date: 3/3/92 ATTACHMENT "B" (continued) Conditional Use Permit Findin2s (continued) 8. There will be adequate provisions for public access to serve the proposed vehicle recyclina yard. in that two main access points are proposed alona the south side of Walnut into the proposed parkina area. 9. There will be a harmful effect upon desirable neiahborhood characteristics. in that the proposed facility presents a potential for future neiahborhood bl iaht. and could have a har.ful effect on property values in the nearby residential neighborhoods. 10. The proposed use is needed at the prescribed location. as demonstrated in the market/feasibility study. if required. A market/feasibility study is not required for a project of this type. 11. The proposed use is consistent with the General Plan. in that it is a permitted use in the IH. Industrial Heavy land use district subject to the approval of a Conditional Use Permit. 12. There will not be sianificant harmful effects upon environmental quality and natural resources, in that develop.ent will occur accordina to the conditions of approval and standard requirements contained in this staff report. 13. The neaative i.pacts of the proposed use are .itiaated. in that all required mitiaation required by the previously adopted Mitiaated Neaative Declaration wi 11 be implemented throuah the previously approved project Mitiaation Monitorina and Reportina proaram contained in the oriainal approval. 14. The proposed location. size. desian. and operating characteristics of the proposed use would be detri.ental to the public interests. health. safety, convenience. or welfare of the City. in that the proposal poses a potential threat to property values and hence, the health safety, convenience and welfare of the Citizens of the City of San Bernardino. =" -, CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 4 3-3-92 3 r-... rAPPLICANT:John Lightburn P.O. Box 1622 W CONDITIONAL USE PERMIT NO. San Bernardino, CA 92402 ~ 90-32 (EXTENSION OF TIME) OWNER: fir. & Mrs. J;luddy Long 0 1435 West R~alto Avenue San Bernardino, CA 92410 \...J '- A one-year extension of time, until January 8, 1993, for ~ Conditional Use Permit No. 90-32, an application to W establish a vehicle recycling yard on 9.5 acres. => 0 Located on the south side of Walnut Street, approximately W rz: 380 feet east of the centerline of Muscott Street. - < W rz: < r EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION Subject Vacant & Single-Family IH Industrial Heavy North Residence & Mobile Homes RU-l Resider.tial Urban South Vacant IH Industrial Heavy East Vacant/Towing Service IH Industrial Heavy Nest Vacant III Industrial Heavy '" ( GEOLOGIC I SEISMIC XX YES I FLOOD HAZARD 0 YES o ZONE A ( SEWERS: !D{YES ) HAZARD ZONE: o NO ZONE: XXNO OZONE B ~ o NO HIGH FIRE o YES ( AIRPORT NOISE! 0 YES ( REDEVELOPMENT DYES HAZARD ZONE: XX NO CRASH ZONE: PROJECT AREA: X~ NO ~O - r ... o NOT XX POTENTIAL SIGNIFICANT Z ~ APPROVAL < APPLICABLE EFFECTS WITH . 2 !Z(I) MmGATlNG MEASURES !C fi NO EJ.R. CONDITIONS WO ~Q ::Ez o EXEMPT o HR. REQUIRED BUT NO ~Z 0 DENIAL Z- SIGNIFICANT EFFECTS <W OQ WITH MITIGATING ~::E rz:l; MEASURES ~ 0 CONTINUANCE TO -~ > o NO SIGNIFICANT o SIGNIFICANT EFFECTS Z fd W EFFECTS SEE ATTACHED E.R.C. MINUTES rz: '" '" '" ...- - CIT'f (II .... ......., --- PLAN.J.az PAGE tOFt (4-110) fW,i_- CJTY OF SAN gERNARDINO - 01EMORANDUM Subject Conditional Use Permit No. ~ -32 (Extension of Time) FromAl Boughey, Director Planning & Building Svrs Date February 14, 1992 To Planning Commission Approved Item NO.4 Date March 3, 1992 APPLICANT: John Lightburn Post Office Box 1622 San Bernardino. CA ~2~02 OWNER: Mr. and Mrs. Buddy Long 1~35 West Rialto Avenue San Bernardino. CA 92410 REOUEST Under the applicant 1993. for establish authority of Development Code Section 19.36.90. the requests a one year extension of time. until January 8. Conditional Use Permit No. 90-32. an application to a vehicle recycling vard on 9.5 acres. SITE LOCATION The site is comprised of 9.5 acres located on the south side of Walnut Street. approximately 380 feet east of the centerline of Muscott Street in the IH. Industrial Heavv land use district. BACKGROUND The application was approved by the Planning Commission on January 8. 1991. The findings of consistency were based upon conformance with the General Plan. the Urgency Ordinance. and Title 19 of the Mun~cipal Code (See Original Staff Report. Attachment "E"J. The applicant is requesting the extension to allow additional time to for the project to comply with the 1.500 gallon per minute Fire Flow requirement of the City Fire Department (See Letter of Request for Extension of Time. Attachment "0"1. ANALYSIS Development Code Pursuant to Section 19.36.90 of the Development Code. Time Extension; "The Commission may. upon an application being filed 30 days prior to expiration and for good cause. grant a time extension for 12 months. ~pon granting of an extension. the Commission '"n1= J -....1 . . '1.-,....... .;..t4~ . ". '. -.-.~ - . O',' , . '_'# .. , ;,\. " '< tJ!;;1 1"'. It'- -'~""; Cona~t~onal use ~erm~~ ~o. ~U-~~ l~U~J Planning Commissio~~eeting .March 3, 1992 ~ Page 2 o shall ensure that the Conditional Use permit complies with all current Development Code provisions. The request for extension was received by the City on December 2. 1991. 37 days prior to the expiration of Conditional Use Per.it No. 90-32. The reasons for the request have been discussed above. The vehicle recyclina yard proposed under Conditional Use Permit No. 90-32 has been reviewed by staff. The proposal is consistent with the General Plan and meets all setback. landscapina. parkina. develop.ent standards and provisions specified by the Develop.ent Code for auto.obile dismantlina yards (See Develop.ent Code and General Plan Confor.ance. Attachment "A"). California Environ.ental Quality Act (CEQAJ An Initial Study was prepared by staff and was presented to the Environmental Review Committee (ERC) on Auaust 23. 1990. The ERC proposed a Mitiaated Neaative Declaration. The Initial Study was made available for public review and co.ment from Auaust 13. 1990 to September 19. 1990. No com.ents were received. The Mitiaated Neaative Declaration was adopted and the Mitiaation Monitorina and Reportina proara. was approved by the Plannina Co..ission at the time of project approval (See Oriainal Staff Report. Attach.ent "E") . Develop.ent Revie~ Co..ittee The Development Review Com.ittee (DRC) reviewed the request at their January 30. 1992 .eetina. At the (DRe) meetina. the Buildina and Safety. Police, Fire. Public Works/Enainee'rina, and Water Depart.ents reviewed the Standard Require.ents previously provided for the oriainal approval (See Oriainal Staff Report, Attachment "E"). The DRC cleared the Extension of Time request onto Plannina Commission for hearina with the oriainal Standard Require.ents. Co..ents Concern has been expressed about the potential i.pact the proposed use could have on the existina neiahborhood. This concern was addressed in the oriainal staff report (Attachment "E"). To reiterate the co..ents contained in that report with reaard to that concern, conditions of approval have been have included requirina the applicant to screen the perimeter of the yard on all sides with a 6 foot fence. and to ensure that vehicles are not stacked above the heiaht of the six foot fence. Additional conditions of approval have been added to this extension of ti.e request requirina the applicant to screen the proposed recyclina yard from adjoinina land uses with a Type A landscapina per Develop.ent Code requirements. Type A landscapina includes 6 foot hiah screenina, accomplished by either a decorstive masonry wall or screenina shrubs planted 4 feet on center. and taller trees planced 30 to 40 feet on center. .,,_.,," ~ ~~~m_ Conditional Use Permit No. 90-32 Planning Commissi~Meeting "March 3, 1992 V Page 3 (EOT) o CONCLUSION The proposed vehicle recyclina facility is consistent with the General Plan and is in conforaance with all applicable Developaent Code Standards for automobile disaantlina yards. RECOMMENDATION Staff recommends that the Plannina Co.aission approve the request for an extension of time for Conditional Use Permit No. 90-32 for a period of twelve months. from January 8. 1992 to January 8. 1993. subject to the attached Findinas of Fact (Attachment "8") and Conditions of Approval (Attachment "C"I. and 8uildina Services Michael R. Finn Associate Planner ATTACHMENTS: "A" - Municipal Code and General Plan Conformance "8" - Findinas of Fact "c" - Conditions of Approval "D" - Letter of Request for Extension of Tiae "E" - Oriainal Staff Report ~~ Attachment "A" CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 9J -32 (EOT) OBSERV A liONS AGENDA ITEM HEARING DATE PAGE 4 3-3-92 II MUNICIPAL CODE ~~D GE~ERAL PLAN CONFOR~ANCE CateRon. Proposal Development Code General Plan Permitted Use Motor rehicle Recycling Yard Subject to CUP N/A Setbacks Front 10 fee t 10 feet N/A Lot Coverage .,,% Floor Area Ratio 75% Floor Area Ratio N/A Parking 51 spaces 45 spaces! N/A Development Code requires 1 parking space for each 300 square feet of gross building area plus 1 space for each 10.000 square feet of gross vard area. The project proposes a 960 square foot office and 720 square foot storage building ~ith a gross yard area of 386.125 square feet. ..4.21 or..5 parking spaces are required. ~~~ :as PLAN-U8 PAGE 1 OF , ('.ocl) Attachment "B" CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE ('UP qO -32 (BOT) FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE 4 l-l-Q' 5 , FINDINGS OF HCT 1. The proposed vehicle recycling permitted use within the IH, designation and complies with all of the Development Code. yard is a conditionallY Industrial Heavy land URe of the applicable provisions 2. The proposed recycling yard will not impair the integrity an~ character of the land use district in which it is to be located. in that the yard is in compliance with the Industrial Development DeRign Guidelines contained in the Development Code and the Industrial District Specific Standards for automotive dismantling yards. The proposal will be buffered from the adjoining land uses with a Type I landscape screening per Development Code landscape standards. 3. The subj ect si te is physically sui table for the type and intensity of land use being proposed. in that the site can accommodate the proposed vehicle rec~'cling yard in conformance with all applicable Development Code standards. ... The proposed use is compatible with the land uses presentl\' on the subject property. in that the site is primarilY vacant. with the existing single-familY dwellings separated from the proposed use through a lot line adjustment, 6 foot decorative wall. and Type I landscape screening. 5. The proposed recycling yard will be compatible with existing and future land uses in the general area in which the proposed use iR located, in that the existing legal non-conforming single-family dwellings adjoining the site will be buffered from the use through the wall and landscaping and in that the use is similar to the towing facility and automobile wrecking facility alreadY located in the area to the west. 6. The proposed URe is compatible in scale. mass. coverage. density. and intensity with all adjacent land uses. in that the vehicle recycling yard conforms to all Commercial Development Design Guidelines and applicable Development Code standards. 7. There are adequate provisions for water. .sanitation. and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. in that the proposed project has been reviewed by the agencies responsible for providing these services and none of them has indicated an inability to provide services to the site. CITY 01 ..... .......-0 --- PLAN-I.DI PMaE 1 OF 1 t".go) ~,~,~' - FINDINGS OF FACT CASE CUP g) -32 (EOT) AGENDA ITEM 4 HEARING DATE 3-3-92 PAGE 6 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT "" '""'l ATTACHMENT "8" (continued) Conditional Use Permit FindinRs (continuedl 8. There will be adequate provisions for public access to serve the proposed vehicle recycling yard. in that two main access points are proposed along the south side of Walnut into the proposed parking area. 9. There wi 11 not be a harmful effect upon desirable neighborhood characteristics. in that potential harmful effects have been mitigated through project Conditions of Approval. 10. The proposed use is needed at the prescribed location. as demonstrated in the market/feasibility study. if required. A market/feasibility study is not required for a project of this type. 11. The proposed use is consistent with the General Plan. in that it is a permitted use in the IH. Industrial Heavy land use district subject to the approval of a Conditional Use Permit. 12. There will not be significant harmful effects upon environmental quality and natural resQ1,1rces. in that development will occur according to the conditions of approval and standard requirements contained in this staff report. 13. The negative impacts of the proposed use are mitigated. in that all required mitigation required by the previously adopted Mitigated Negative Declaration wi 11 be implemented through the previously approved project Mitigation Monitoring and Reporting program contained in the original approval. 1':'. The proposed location. size. design. and operating characteristics of the proposed use would not be detrimental to the public interests. health. safety. convenience. or welfare of the City. as addressed in the Initial Study. ... Ct1"I' (II' .... ......., GEffrJIlIl..-.-.. . ell PLAN-I.DI PAGe 1 OF 1 (..00) _"'''0' c...... ...o.__.u............. ~ CASE gp 90 -32 (EOT) CITY OF SAN BERN DINO PLANNING AND BUILDING SERVICES DEPARTMENT CONDITIONS AGENDA ITEM HEARING DATE PAGE 4 3-3- 92 7 r ~ 1. Construction shall be in substantial conformance with the planes) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the planes) shall be subj ect to approval by the Director through a minor modification permit process. Any modification which exceeds lot 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. 1. On-site circulation and parking, loading and landscaping; 2 . .... 2. Placement and/or height of walls, fences and structures; 3. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and 4. A reduction in density or intensity. of a development project. Within one year of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. Projects may be built in phases if preapproved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred or the permit/approval shall become null and void. Project: Conditional use Permit No. 90 -32 (EOT) Expiration Date: January 8, 1993 PlAN-UI PAGE 1 OF 1 (.-10) Page 1 of 7 ~-= 'ftt th.. " CASE 9up !l)-32 (EOT) AGENDA ITEM 4 HEARING DATE 3-3-92 PAGE 8 "'II CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ... CONDITIONS ...ol r' 3. The review authority may, upon application beinq filed 30 days prior to the expiration date and for qood cause, qrant one time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 4. In the event, that this approval is leqally challenqed, 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 aqrees to defend, indemnify, and hold harmless the City, its officers, aqents and employees from any claim, action or proceedinq aqainst the City of San Bernardino. The applicant further aqrees to reimburse the City of any costs and attorney's fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obliqation under this condition. 5. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no chanqe of use of land or structure(s) shall be inauqurated, 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 of occupancy. The deposit or security shall quarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. Prior to the issuance of a Certificate of Occupancy, the landowner shall file a maintenance aqreement or covenant and easement to enter and maintain, subject to the approval of the City Attorney. The aqreement or covenant and easement to enter and maintain shall ensure that if the landowner, or subsequent owner(s), fails to maintain the required/installed site improvements, the city will be able to file an appropriate Hen(s) aqainst the property in order to accomplish the required maintenance. ~ z::..=.~.~~ :~ fIUN.UI PAGE' OF 1 (4-10) '0.=.,.,.0. ., r\~ ., ""'" CONDITIONS o CASE CUP 90 - 32 !EDT I AGENDA ITEM 4 HEARING DATE J -3- ~ PAGE Cl ~ ~. .... CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT .. .... ..- 6. to. =-=--=--== The developer is to submit a complete master landscape and irrigation plan (5 copies) for the entire development to the Public Works Department with the required fee for review. The landscape plans will be forwarded to the Parks, Recreation, and Community Services and the Planning Division for review. (Note: The issuance of a building development permit by the Department of Planning and Building Services does not waive this requirement.) No grading permit(s) will be issued prior to approval of landscape plans. The landscape and irrigation plans shall comply with the "Procedure and Policy for Landscape and Irrigation" (available from the Parks Department), and comply with all applicable provisions of Chapter 19.28 (Landscaping Standards) of the Development Code effective on the date of approval of this permit. Trees are to be inspected by a representative of the Parks Department prior to planting. (The following provision is applicable to single family homes.) Trees, shrubs and ground cover of a type and quality generally consistent or compatible with that characterizing single family homes shall be provided in the front yard and that portion of the. side yards which are visible from the street. All landscaped areas must be provided with an automatic irrigation system adequate to insure their viability. The landscape and irrigation plans shall be reviewed as outlined above. P.......... PN3E,OI" (0-10) 0"'"'""._ .... C) CASE CUP g) -32 (EOT) CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT - J CONDITIONS AGENDA ITEM HEARING DATE PAGE 4 3-3-92 10 ~ "'I 7. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs, off-street parking and Off-street loading; and, vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. A sign program for all new commercial, office and industrial centers of three or more tenant spaces shall be approved by the Department prior to the issuance of a Certificate of Occupancy. This requirement also includes any applicable Land Use District Development Standards for residential, commercial and industrial developments regarding minimum lot area, minimum lot depth and width, minimum setbacks, maximum height, maximum lot coverage, etc. a. This development shall be required to maintain a minimum of 4 5 standard off-street parking spaces as shown on the approved plans(s) on file. "'- ro:..= - - PLM-UI PAGE 1 OF 1 (&oIDl Page 5 of 7 n. CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 90-32 (EOT) CONDITIONS AGENDA ITEM 4 HEARING DATE 3-3-92 PAGE 11 . CONDITIONS OF APPROVAL 9. All of the Conditions of Approval and Standard Requireaents of the oriiinal approval of Conditional Use Perait No. 90-32 shall apply. wherever conflict between the Conditions of this Tiae Extension and the Conditions contained in the original approval arise. the condition or the Time Extension shall apply. 10. The proposed facility shall be screened from all adjoining land uses throuih the plantini and establishaent of a Type A landscapini screen. The Type A screenini shall be included on all required landscape plans and is subject to review and approval by the Plannini Division. &:.:r~.':-L~ PUN-UI PM3&: t OF 1 ... (4-111) v 'I . 1 t J '"\ Attachment "0" 0:::-. "4':J...} -0,) ~ 25,1991 ~ E. REED D.Lkl:L:J.~~ OF PIJINNIl<<; AND tlJIIDING SERVICJ:S. PLANNING DEPARlH!m' c:nY OF SAN I3F.RNAR1)nD PRO.m:T: Vehicle Recyclinq Center (Conditional Use PeI:mit No.90-32) SORJEX:T: Request for additional time for OxIdi.tional Use PeI:mit No. 90-32 (EXPIRA'l'IQI DATE Jl\N 8 1992) . ~ .. REFERANCE: Page 17 paraqraph 1 of st:anda%d Requirements of statement of Official Pl.anninc3 O=mni.ss1al Act1a1S Dated Jan 8, 1991 {AOOlTIQIM. TIME Ml\Y BE GWlTED (JpQl REXJJEST.) , SIR: '!his request is for additia1al time necessary to o:mply with the 1500 QlM _ter Fire Flaw Prot:ec:t.ia\ required for my project .~ by the City Fire Department. I haw ~ in ax1.tact and have made request for the Water Dept., and or ('omn"lity Development to establish cost, availability, possibility to p:ovide this . service. '1his 1nformatial shculd be lXlIIIinq in the near future and that point the ~~.late permits wcu1d be obtained for ax1.- struction to begin. " .' ~. ,: J: .{ : n I W..... 'mANK YOO /7 . ,lid .JJIY J!JJdIDc'4JV 1435 w. R1.alto Ave. , San Bemardino, callf. 92410 Tel.ephone 888-6841 .- ." - ... ill] .~ .::: ~~ ;j ..... '" ::. <=.; - ~ i Ii C~C 0 2 1531 ~ ::~,. =;: :.:.:: ::7.:": "':-.~:~ ::;?"~.~~~T ~F ~ _ . ~:.7 ~ .... -: . - -....-.- !U:L::i.G ~'''I...~ Attachment "E- Q, - 0- , 1 city ot San Bernardino ST~ OF OnIC:IAL PLANNING COMMISSION ACTION PROJEC'l' NUlIIl:Ier: conditional Ose Permit No. 90-32 Applicant: Buddy Lonq owner: . Same ACTiON x January 8, 1991 Adopted Hitiqated Heqative Declaration, Approved Hitiqation Honitorinq/Reportinq Proqram (Attacblllent F), and Approved Request based upon the Attached Findings ot Fact (Attachment B) and SUbject to the Conditions ot Approval (Attacblllent C) and Standard Requir_ents (Atta('b)ll4Jlt D). Heetinq Date: CONDYTrONS This project was approved subject to the Ctmditions ot Approval and Standard Requirements contained in Attachments C and 0 with a moditication to condition ot Approval No.7 to read: 7. The ottice and storaqe buildinq shall be construc- ted with a decorative split-tace or tluted concrete block or stucco exterior to be _intained in a serviceable and aesthetically pleasinq ~er. VOTE Ayes: Nays: Abstain: Absent: C1_ensen, corona, Jordan, Lindseth, stone None None Cole Lopez, Sharp, I, hereby, certify that this stat~t ot accurately retlects the tinal determination co_ission ot the City ot San Bernardino. Sl~ E~ Otficial Action ot the Planninq Q~ ~ I /t?$>/ / Date . Larrv E. R.ed. Dir.~or o~ Plannina , Buildinc Services Ha:lle and Title cc: Project Applicant i. CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 9 11-91 ,-.. r APPUCANT: aJddy Ionq W . 1435 ~iest Rialto Avenue en Conditional Use PeI:mit N:>. 90-32 San Benlardi.no, CA 92410 0( OWNER: saae as applicant (,) \. ,-.. r t- To establish a vehicle recycling yard on 9.5 ac:es under the authority en of ~lmicipal Code Sectia119.83.300. w :) Iocated on the SCA.r.l1 si.dI! of Walnut Street approximately 380 feet east a w of the centerline of!tJscott Street. a: - 0( w a: 0( \.J r EXIST1NG GENERAL PlAN PQOPf!RTV lANO lJS~ 70NING O~SIGNATlON SUbject vacant and Si.n;le Family m Industrial Heavy North Res:i.dence and ~,.. HcIIes RD-l ResiCential urban South vacant m Industrial Heavy East vacant/1tlwinq service m Industrial Heavy West vacant m Industrial Heavy ( GEOLOGIC I SEISUIC CD YES ) ( FLOOD HAZARD DYES:; ZONE A )( SEWERS: !XI YES ) HAZARD ZONE: DNO eNO ZONE: XI NO e ZONE B ( HIGH FIRE - YES .)( AIRPORT NOISEI DYES )( REDEVELOPMENT DYES ) w HAZARD ZONE: ~ NO CRASH ZONE: PROJECT AREA: :lOc:NO CllNO - - ~ o ~CABU: 119 P01EN11Al. SIGNIFICANT Z IKX APPROVAl 0( EFFEClS WITH 0 MlTlGo\11NG MEASURES - t- !C IKX CONDmO;.lS zen NO EIA we" II.CI :2Z o EXEMPT o EIA AECUJAED BUT NO II.Z 0 DENiAl z- SIGNIFICANT EFFECTS O(W OCl WI1M MITIGATING t):2 a:ii MEASURES :2 0 CONTINUANCE TO -II. 0 > o NO SIGNIFICANT o SIGNIFICANT EFFECTS Z (,) W EFFECTS SEE ATTACHED EAC. W M1NUTB ) a: "--.-I '- ..4 ... en'I'~_'-'- CoIlIIIMllI.~~f :u 'I.AN-I.az PAGE 1 Of: : ~...... ,-, 0 0_- , ..... CITY OF SAN BERNARDINO PLANNING CASE alP 90-32 AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 9 OBSERVATIONS HEARING DATE 1-8-91 PAGE ? .... r RROtmS'l' The applicant requests the approval of a Conditional Use Permit under the authority of Municipal Code Section 19.83.300, to establish a motor vehicle recycling yard on 9.5 acres and to vary the amount of required parking by 78 spaces. SI'l'E LOCA'l'ION The subject property is located on the street, approximately 3-S0 feet east of the Street in the IH, Industrial Heavy land use south side of walnut centerline of Muscott designation. MUNTCTPAL CODE AND G~NJ:RAr. PLAN CON1f'"ORMANCR The project does not comply vith the Municipal Code Parking Standards. The proposed project othervise is in conforaance vith the Municipal Code and is consistent vith the General Plan as shown in Attachaent -A-. CALI~ORNtA RNV1RONMEN'I'AL aUA~r'l'Y Ae7 An Initial study vas prepared by staff and vas presented to the Environmental Reviev Coaaittee on August 23, 1990. A Mitigated Negative Declaration vas proposed. The Initial study vas ..de available for public reviev and coaaent from August 13, 1990 to September 19, 1990. Ho comments vere received. A Mitigation Monitoring and Reporting program has been prepared for the proposal (Attachment -F-). H"~XGROUNn The rectangular site is primarily vacant vith the exception of three single family residences, a barn, and a tin shed located along Walnut near the northern property line. All appear to have been constructed between 1930 and 1950. Several mature trees surround the residences. 'l!Ie site slopes to the southeast at approximately one-half to one percent. Blevations on the property range from 1,080 feet at the northvestern most corner to 1,065 at the southvestern most corner. Several single-family residences and a trailer across Ifalnut on the north. Vacant industrial border the site on the east, vest and south. Limits are located approximately 132 feet south most property line. park are located designated land The Colton City of the southern l. .,...., -.......... - I ~ P.IGE10~' :..eGJ ," " CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE COP 90-32 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 9 1-8-91 3 ., .... " Similar land uses in the area include a vehicle recyclin9 yard, located approximately 350 feet to the vest on the northeast corner of Walnut and Muscott Streets, and an automotive towin9 service on the south side of Walnut Street approximately 143 feet to the vest. A.NALYSIS Permitted Use The proposed vehicle recycling yard is a permitted use in the IH, Industrial Heavy General Plan land use district with a Conditional Use Permit. Existin9 Structures Two of the existin9 sin9le-family residences located at the northeastern and northwestern corners of the site are to remain. OR tbe .It.-a~~ tv ~~..in. The third residence is to be demolished. The proposal bas been conditioned to comply with the city's Historic Preservation Ordinance and to obtaln proper demolition permits in reaovin9 this structure. The barn and the tin shed are to remain. The barn vill be used as an accessory structure to the residence on the northeast corner of the site and the tin shed vill become a storage building for the recycling facility. Slnce the Municipal Code does not permit lndustrial/resldentlal land uses, the project conditioned to file a lot line adjustment separating residences from the vehicle recyclln9 yard. collbinatlon bas been the existing Trees. There are numerous mature trees surroundln9 the structures developed on the slte. The project has been condltioned to preserve these trees in place vhenever feaslble. Should the removal of any tree be necessary, the applicant has been conditioned to submit a tree removal permit subject to the approval of the Parks and Recreation Department and the Plannlng Department. The tree removal permit is to lnclude an arborist report on the condltion of any trees to be removed and the viability of relocating/transplant~ng the trees elsewhere on site. .... ",j ... t1I _ .-.- _r~. ..........uI PAGEl OF , I.... OBSERVATIONS CASE COP 90-32 AGENDA ITEM ~ HEARING DATE 1-8-91 PAGE 4 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ,...- .... .' Office and storage Building The proposed elevations of the office and the storage building were discussed at the Development Review Committee (DRC) on November 15, 1990. At that meeting staff expressed concern over the proposed construction materials. The applicant proposes a stucco exterior for both of the buildings. Staff believes that the stucco exteriors will be easily damaged by the vehicles and equipment to be used at the facility. Should damaged stucco go unrepaired it would detract from the appearance of the building to the detriment of the surrounding area. Staff reco..ended that both buildings be constructed of a more durable decorative split- face or fluted concrete block. The concrete block is not easily damaged and would maintain its appearance longer. The DRC did not share staff's concern and cleared the elevatiens onto Planning Com~ission with stucco exteriors. However, staff's concern remains. staff therefore recommends that both buildings be constructed vith a decorative split-face or fluted concrete block exterior for greater durability and ..intained appearance. A condition of approval has been included to this effect. Fences and Screening The applicant proposes to screen the recycling yard area with a i foot fence. Conditions have also been included requiring the applicant to screen the perimeter of the yard on all sides. At the DRC meeting, the applic3nt was requested to prOVide an 8 foot fence to screen the yard area. Hovever, the applicant is opposed to erecting an 8 foot fence because of the monetary cost involved. To ensure adequate screening, the applicant has been conditioned not to stack vehicles or parts above the height of the six foot fence. compatibility with Surrounding Land Uses The proposal vill be compatible vith the vacant industrial designated land borCerinq the site en the east, vest and south. The project vill also be compatible with t~e Single-family residences and trailer park located across walnut on the north in that the storage yard vill be screened by a decorative vall and landscaping and development vill take place according to the conditions of approval. CII'O'''_~ - , .II jII~ IIMJEIQF' 14-101 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE COP 90-32 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 9 l-A_cn Ii ,.. Traffic and Circulation The proposal vas reviewed by the City Traffic En9ineer vho has indicated that the project-generated traffic vould not si9nificantly impact the streets in the vicinity. Internal Circulation All on-site vehicular paths are of a4equate two-way traffic in conformance with requirement of a minimum of 24 feet. wi4th to accommodate the Municipal Code Parkin9 A total of 51 parkin9 places are proposed; 47 stan4ard stalls and 4 handicapped stalls. The Municipal Code Section 19.56.070(C) requires 1 parkin9 space for each 3,000 square feet of 9ross yard area for auto disaantlin9 facilities, junk yards, and recyclln9 facilities. The 9ross yard area is equal to 384,880 square feet; parkln9 required by the code is therefore 129 parltin9 places. The appllcant has indicated that the requlrement of 129 spaces aay be unreasonable 9iven the large size of the site. Most other vehIcle recyclln9 yards in the City do not exceed 3 acres in size. The applicant surveyed the parkin9 requirements for vehicle recycl1n9 yards 1n surround1n9 cities and supplied them to staff. The applicant ~lso revieved the exlstln9 parkin9 conditions at other recyclln9 yards and compared them to the standards of other clties in the local ar~a. The appllcant lllustrated that most of these yards had more spaces than were actually used. Typically a similar facility compr1sin9 approximately 3 acres had 10 spaces; approximately 70 to 75' fever than ,currently required by code. The City of Rialto parkln9 standards were found to be the most representative of the nuaber of parkin9 spaces found at other recyclin9 yards. Rialto standards requires 1 space for each 300 square feet of bulldln9 area plus one space for every 10,000 square feet of 9ross yard area for vehlcle recycl1n9 yards. Based upon the revlev conducted by the applicant, the Draft Development Code has b-.en revised to the Rlalto parltln9 standards for vehicle recyclln9 yards. ~ ..... SM___ - . ............ PIGI IQF , (..... OBSERVATIONS CASE .CUP 90-32 AGENDA ITEM 9 HEARING DATE 1-8-91 PAGE 6 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ,.. ..... ... Under the Rialto standards, the proposed yard would be required to provide 45 parking stalls. Given the large size of the size of the site it is unlikely that 129 spaces would be needed and that the 51 stalls proposed by the applicant are reasonable based on the review of parking at similar facilities. staff has some concern that if the facility Is underparked with 51 spaces, the residences and mobile home park located across from the site could be impacted by the overflow parking on Walnut. To mitigate this concern, a conditi.on of approval has been added requiring that the parking at the site be reviewed after one year ~f business for adequacy. Should the survey prove the site to be underparked, the applicant will be required to provide the additional 78 spaces required by the current code. Landscaping and Internal Planting The proposed internal planting and landscaping for the proposal meets the requirements of the Municipal Code. Bxcluding the required landscaped setbacks, the project proposed landscaped areas are equal to 13 percent of the total paved parking area. Waste Gasoline, Oil, and Other Fluids from Wrecked Vehicles The applicant has been conditioned to drain all fluids, including gasoline and oil from all motor vehicles to be stored/recycled at the site. Local regulation dictate that the applicant comply with all requirements of the Uniform Fire Code and county Environmental Health Services regulations regarding air quality control, soil and ground water protection, and fire prevention with respect to drainage, storage, and disposal of the waste fluids, gasoline, and oil from the vehicles at the site. Geologic a~d Seismic The San Jacinto Fault Zone passes through the southwest portion of the site. Methods for fault investigation included aerial photography, field reconnaissance and trenching in the area of proposed structures. Ko faulting was observed at the SUbject area within the limits of the trenching. Based upon previous geologic work In the area and aerial photo examination, it appears that the closest distance to the San Jacinto Fault Is plus or alnus 300 feet to the southwest of the proposed structures. ~ PMlE10F1 :...... ""'.,_...- ;MIIM,.~ .IIlIlI CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE COP 90-32 OBSERVATIONS AGENDA ITEM 9 HEARING DATE 1-8-91 PAGE 7 ~ Because the study revealed that no faulting was observed within the area of the proposed structures the possibility ground rupture resulting from an earthquake is considered low. However, several other potential secondary seismic hazards do exist at the site. These potential hazards include liquefaction and seismically induced settlement. Hitigation concerning structural design standards, compliance with HC-677 concerning liquefaction, and observance of building placement in the area identified by the study to be free of faulting have been included as conditions of approval. COMMENTS RECEIVED Development Review Committee At the Development Review Com.ittee meeting, the Building and Safety, Police, Fire, Public Works/Engineering, and Water Departments provided Standard Requirements for the proposal (see Standard Requirements, Attachment D). City of Colton The City of Colton has requested that the City ensure that the applicant maintain the site in an orderly manner, that the yard area be screened by an 8 foot decorative block vall, that no liquid containers be dismantled on the site, and that all storage be conducted vithin the fenced area. With the exception of the 8 foot wall, the requested iteas have been included as conditions of approval. As stated before, the project vill be providing a 6 foot decorative wall, and the applicant has been conditioned to ensure the stacking/storage of vehicles and equipment does not exceed the height of the 6 foot vall. county Departaent of Bnvlronmental Health and safety The San Bernardino county has indlcated that the permits from DEHS for materials and vaste. The project has been condltioned necessary. Department of Health and safety (DBHS) facility viII be required to obtain storage, handling, etc. of hazardous to obtain these permits as ... .... .". ." _ .-.-:t -. . PL.NtoI.CI jlJGE I O~ f :64DJ . .. , ( a OBSERVATIONS CASE COP 90-32 AGENDA ITEM 9 HEARING DATE 1-8-91 PAGE 8 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ~ CONCLUSION The proposal is a permitted use subject to the approval of a Conditional Use PermLt. The project is compatible with surrounding vacant industrially designated land and viII be compatible with the residential uses located across Walnut in that the storage yard viII be screened and development viII occur according to the conditions of approval. Traff~c generated by the proposal viII not significantly impact the adjacent streets. Internal circulation will be adequate and meet Municipal Code Standards. The proposed parking does not aeet Municipal Code requirements, but a review of parking standards for other area cities and similar uses indicate that the Municipal Code Standards aay be excessive. Given the large size of the site it is unlikely that 129 spaces would be needed and that the 51 stalls proposed by the applicant are reasonable based on the review of parking at similar facilities. The project has been conditioned to reviev the parking after one year of operation. If the review reveals the facility to be underparked vith the 51 parking spaces provided, the applicant vill be required to provide the additional 78 spaces currently required by code. ... ..01 .". .,.. - ....... - ~ pJGE10't ~...... CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE alP 90-32 OBSERVATIONS AGENDA ITEM :--I=D HEARING DATE - ~.L PAGE g. ." RECOMMENDA'I'IOH staff recommends that the Planning Commission: 1. Adopt the Mitigated Negative Declaration; and 2. Approve the Mitigation Monitoring/Reporting Program (Aetachment F); and 3. Approve Conditional Use Permit No. 90-32, subject to the attached Findings of Fact (Attachment Bl, Conditions of Approval (Attachment Cl, and Standard Requirements (Attachment Ol; Respectfully submitted, ~ltf~wd~o~ Larry E. Reed Director, Planning and Building Services , I II'), .,'; L" ,,1 ' M :..,..,'.../J-it/_ r__ 7':' ,-r;,r./ Michael R. Finn ~~ Associate Planner Attachment "A" - Municipal Code and General Plan Conformance Attachment "B" - Findings of Fact Attachment "e" - Conditions of Approval Attachment "0" - Standard Requir~ments Attachment "E" - Initial Study Attachment "F" - Mitigation Monitoring program Attachment "G" - Site Plan, Floor Plans, and Elevations Attachment "a" - Location Hap -.,.-- --- ...4 ~ PAGC10Ft (4oIDt CITY OF SAN BERNARDINO PlANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 90-32 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 9 1-8-91 10 r' ATTACHMENT "A" MUNICIPAL COOK AND GENERAL PLAN CONFORHANC2 eat:@oorv MunIcIpal ProDosal Code PermItted Use Motor VehIcle Subject to Recycl1nq Yard CUP Setbacks Front 6 feet 6 feet Lot Coveraqe .4\ rloor 75\ rloor Area Ratio Area Rat10 Park1nq 51 spaces 119 spaces ... General Pl;tn N/A II/A II/A If/A ..j Pl..tHoIlII ''''101='1 c.... ~.~~ 0 0., r- "II CITY OF SAN BERNARDINO PLANNING CASE crJP qo-~2 AND BUILDING SERVICES DEPARTMENT AGENDA ITEM q FINDINGS OF FACT HEARING DATE 1-9-'11 PAGE " ..oil .... ~ ..... ATTACHMENT "B" CONDI~tONAL USE PERHT~ FtNDINGS 1. The proposed vehicle recycling yard conforms to the objectives of the City's General Plan, in that it is a permitted use in the IH, Industrial Heavy land use district, subject to the approval of a Conditional Use Permit. 2. The proposed use viII not adversely affect the adjoining land uses and the growth and development of the area in vhich it is proposed to be located. Conditions of Approval and standard Requirements should aitigate any potential negative impacts to the surrounding properties. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a unner not -aetl:illental to the particular area nor to the peace, health, safety and general welfare in that the site can accommodate the proposed vehicle recycling yard in conformance with all applicable standards regarding setbacks, landscaping, parking, and internal circulation. 4. The city Traffic Engineer has reviewed the project and has indicated that the traffic generated by the proposed use will not impose any undue burden upon the streets and highways designed and improved to carry the traffic in the area. The parking provided is adequate in that it satisfies MuniCipal Code Requirements. S. Based upon the above given Findings, the granting of this Conditional Use Perllit under the conditions imposed will not be detrimental to the peace, health and safety and general welfare of the citl=ens of the City of San Bernardino. ~-=== PUNoUI PAGi t~' (44Qt o o r- """I CIlY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE COP 90-32 9 1-8-91 12 FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE ..oil .... ~ VARIANCE FINDtNGS 1. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, which do not apply to other property in the same zoning district and neighborhood in that the site is larger than the other similar facility located 380 feet to the east. 2. The granting of this variance is necessary for the preservation and enjoyment of a substantial property right of the applicant in that vithout the variance, the applicant viII have an excessive amount of unused parking_ 3. The granting of the variance vill not be aaterially detrimental to the public velfare or injurious to property and improvements in the zoning district and neighborhood in that after one year of operation the parking for the facUity viII be revieved for adequacy and if found to be inadequate, the applicant vtll be required to provide the additional 78 parking spaces currently required by the Municipal Code. 4. The granting of such a variance viII not objectives of the General Plan in that defers to the Municipal Code concerning be contrary to the the General Plan parking standards_ ~~~~ ~ "- j PL.AN-&.OI aMa; I oF' 1 ...... o Attac.'ment .C. o r CASE CCP 90-32 CITY OF SAN BERNARDINO PlANNING ANO BUILDING SERVICES CEPARTMENT .. CONDITIONS AGENDA ITEM 9 HEARING DATE 1-8-91 PAGE 13 ., ... 1. S'l'AHDAlm CONnr'!'~ONS 2. ... ~or :IIodi~ications ~o the plan shall be subject to approval. by the Di=ector at Planni.nq. An inc::'ease at :IIOl:'8 than 1.0 percent at ~e square tootaqe or a sic;ni~icant c:hanqe in the . approved conc:ept shall be subject to (Planninq CC1IIIIlission and Develop1llent Revi_ Committee) review and approval.. Construction shall be in substantial c:ontor=anc:e with the Plans approved by the Development Review Co_ittee, Planninq Co_ission or Direc:tor ot Planninq. The developer is to submit a C:OIIIplete :llaster landscape and iz:'iqation plan (4 copies) tor the entire development to the Enc;ineerinq:)epart:aent with the required tee tor approval., the landsc:a.,e plans will be tor.rarded ~. the Puks, Rec:'eation, aDd c............ity Services and the Plannhoq Deparbent tor revi_ and approval. (Hate: the issuance ot a btUJ.dinq per.ait, by ~ . Depart:aent ot Builc1i.nq aDd satety ot the City at San 8eJ::IardiDo, does Im% waive th_ requirements/C:Onditicms.) No grac!inq per.aits will be issued prior to app;roval ot l"nds-:ape plaDS. The desic;:1 shall inc:lude, but not be li,mited to the tol.lowinq: X St::-.et tr_ shall be planted on 30 toot c:enter spac:iDq unless otherwise indicated by the Depart:Rent ot ?arks. Rec:reatiOD, and COmmunity Services. The Pules DeDart:lent shall deter:aine the varieties and lo~-=:.ons- prior to plantinq. All tre_ shall be %4- box spec:i::lens. 'I'r... ue to be inspected. by a Puk Division rap=esentative oriar to plantinq. X Planters shall be enclosed with conc::'ete ~inq. - ... .. - - ~ ~aallCJ':1 erN OF SAN BERNAROINO PLANNING ANO BUILDING SERVICeS OEPARTMENT o CASE CUP 90-32 CONDITIONS AGENDA IT'EM HeAAING DATE PAGE q l-A-91 14 "" . ':he seeaCb ::am ":he nor-~ _ , south _ , _st , w_t _ .,raper':'.l line shalJ. l:le ]:)er:ted at a~.....i ....J11 J: 1 slope and shalJ. l:Ie planted wit: a tall :esc:".1e ':/pe eur:qra.a. A tanciscape l:Iu~:er :one shall ]:)e installed l:Ie':"een ~acili~i.. and S~..~. x The lanclsc:ape anei i..-=iqation plans shaJ.l comply wi":h ":he "P:'oceci=e anei Policy tor tanclscape anei Ir=iqation" (availal:lle t:ClIa":he Parks ~par::ent). sw,ject to the Coneiitions ot the Depart:llent ot Parks anei Recreation (attached). Trees, sl1rWls and qrouncicover of a type and ~ity qenera1.ly consistent or compat:llle wit: that c!1arac1:ari:inq s.1nqle- ~amily hom_ shall ]:)e provieied in t:e tront yard and that portion ot th sieie yards wtU.c:h are TisUtle ~:om the street. All l'lndsc:apeci areas =m.1: be p:oYidecl wi1:!l an aU'tCllaatic 1:::iqation syst_ aciequate1:o i........,:, their viDUity. '%'he lGtdsc:ape and i=iqation plans shall be approVacl l:Iy the Parks aDd 1lec:_tion Deparaent. 3. At all '".1II.. the l:Iasina_ vUl l:Ie opera1:eci in a manner vbic:h does not produce cmnoxious noise, vUt:aUon, odor, dust, -"ke, glare, or other nqi..-w.nce. A sic;n pro."..... tor the DIUlti-t8ftaDt COIaIaercial/indust:ial center shall l:Ie approved l:Iy the Pl.....] "9' Depart::lent prior ~= uauaDce ot c.r=itic:ata ot Oc:cupancr. 4. In the event that th.U approval is leqa1ly c:hallenqed, the City wUl promptly notity the applicant o~ any claim or ac:-..ion and wUl cooperate tully 1:1 the atense ot the _=a:. onc:. notitied. the applicant a9%__ b <ietend, il"t--ity, a:zct bolei !zar.I.less the City, its otficers. aqents and _ploy.es t:'aia any clai:a. ac:--ion. or proceeclinq aqainat the cl':.l ot San Beznard.1no. ':~. applicant:ur:he: ~ to rei:lburse the City ot any coats aDd ae--orDey8' t_ wtUc:h the City -1' be requi.reci l:Iy a coarl: 1:0 ';lay .. a re8Ult ot sw:b ac:--1on. l:Iut -= p&rej.cipation shAll not reli.". applicant ot hia oJ:lliqation lUIliar e:u. conciition. ... -"'- ~ ~_'OIII' :.... ,--, CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE ctlP 90-32 CONDITIONS AGENDA ITEM HEARING DATE PAGE 9 1-8-91 15 ~ 4. The project shall comply with the Historic Preservation Ordinance demolition permIts in removing of the site. provisions of the City's and to obtain proper any structures located on 5. The applicant/developer shall file a lot line adjustment with the Planning Department to separate the existing residences from the vehicle recycling yard. Said lot line adjustment shall have been approved and recorded prior to the issuance of any grading or building permits as evidenced by a Certificate of Compl;ance. 6. The project shall preserve all trees in place wherever feasible. Should the removal of any tree be necessary, the applicant/developer shall file a tree removal permit with the Planning Department, subject to the approval of the Parks and Recreation Department and the Planning Department. The tree removal permit application shall include an arborist report on the condition of any trees to be removed and the viability of relocating/transplanting the trees elsewhere on site. 7. The office and storage building shall be constructed with of a decorative split-face or fluted concrete block exterior for greater durability. . 8. No vehicles, parts, or equipment are to height of the six foot decorative storage yard. 9. No liquid containers shall be dismantled on the site. be stacked above the wall surrounding the 10. All storage shall be contained within the fenced area. 11. This development shall be required to maintain a minimum of 51 standard off-street parking spaces. However, after 12 months. of operation of the business, the recycling yard owner, shall submit to the City two sets of mailing labels of property owners and their addresses and/or tenants addresses of the property within 500 feet of the exterior boundaries of the reCYCling yard site. A map illustrating the 500 foot radius boundary and all parcels within that boundary shall also be submitted. This information shall be obtained from the latest San Bernardino County equalized assessment roll and maps. After receipt of the mailing labels and map, the City will send a parking questionnaire to those neighboring property owners, Council.embers and Police. This questionnaire will ask questions about whether or not the parking from the recycling yard has overflowed and impacted their property, the frequency of such occurrences, 10.. .,., ., '- .-..... ~r~ . !I\.NM..DI PAGE 1 os: I (44CI) ... . . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE COP 90-32 CONDITIONS AGENDA ITEM HEARING DATE PAGE 9 1-8-91 16 I"" and the adequacy of parking for the facility. If a parking inadequacy is identified and substantiated, the applicant shall provide the additional 78 standard parking spaces required by the current code. 12. The applicant shall obtain all necessary permits from DEHS for storage, handling, etc. of hazardous materials and waste. 13. All fluids, including oil and gasoline shall be drained from all vehicles to be stored/recycled at the site. 14. Since no evidence of faulting was observed of the trenching, no restricted building warranted where the proposed building is to within the limits use setback is be located. 15. A potential for settlement of the exists at the site and shall be grading by removal and recompaction, if applicable. fault trench backfill mitigated during rough or compaction in place 16. Moderate-severe ground shaking levels can be anticipated during the life of the structure. The seismic accelerations discussed in the text of the geologic report shall be incorporated into the structural design of the building in addition to complying with the seismic code provision for the City of San Bernardino and the latest edition of the Uniform Building Code. 11. If in to any other areas at the site are proposed to be built on the future, appropriate investigation shall be performed evaluate the potential for faulting. 18. A copy of the geologic and seismic investigation of the site conducted by Terra Geotechnical shall be made available to property owners and tenants of the proposed project, present and future, in an effort to make them aware of the potential seismic risks associated with the site. 19. Should any conditions be encountered during development that appear in any way to be different from those described in the geologic and seismic report completed by Terra Geotechnical, a qualified geologist shall be notified concerning appropriate recommendations and mitigation. 20. The storage building shall not be used for office or any .other human occupancy use unless the appropriate geological studies have been conducted. .. ... :;-..-:.= ~ fI\.AMot.OI .aAGEIOFI ""'l Attac!lIllent "Dn o CASE a;p 90-32 ."" t-,. ~~~-~... '~.-..' . ...... ....... " - _. . CITY OF SAN BERNAROINO PLANNING AND BUILDING SERVICES OEPARTMENT STANDA~D REQUIREMENTS AGENDA ITEM HEARING DATE PAGE 9 1-8-91 17 ~ r- - - COMMERCD.I.. nrnoSTlUAL 1. COnditional Ose PeIllIit No. 90-32 shall be in ettect tor a period ot 12 months trOlll the date ot approval. However, it no development has been initiated at the end ot the 12 month period, the application shall expire. Additional time may be approved upon requ_t of the applicant prior to expiration of the 12-lIIonth period. Expiration. Date:. January 8, 1992 2. PARlaNG: b. c. d. ... , I , , All parkinq and drivinq aisles shall be surtaced with two inch_ ot AC. over a suitable base or equivalent as approved by the City Enqineer. Parkinq spaces shall be striped and have wheel stops installed at l_st three t_t trom any buildinq, wall, tence, ilroperty line, or walkway. Whenever an otf-street parJdnq ar_ is adjacent to or across an alley f%'Oll property zoned residential, a solid decorative wall six feet in heiqht shall be erected and maintained alonq the property line so as to separate the parkinq area physically frOlll the residentially zoned property provided such wall shall be three feet in heiqht when located within the required front or street side yard sethack. Where no front or street side yard is required, such wall shall be three feet in heiqht when located within ten f_t of the street line. Whenever an oft_treet parkinq area is located across the street frOlll property zoned for residential uses, a solid decorative _11 or equivalent landscape berm not less than three feet in heiqht shall be erected and maintained alonq the street side of the lot not closer to the street than the required depth of the yard in the adjoininq residential area. No fence or wall located in the front setback shall obscure the required front setback landscapinq. ..01 1't".tHoa.1Q 1I1G11~1 ~...... :.:. - ~ '".< at:>~!,},~..' . ;Q;" ~~.....;.";'~- . -;:::)(~~~. '..",: CITY OF SAN B DINO PLANNING ...-- " ANO BUILDING SERVICES OEPARTMENT CAS9 alP 90-32 STANDARD REQUIREMENTS ... ... ~,:," AGENDA ITEM HEARING DATE PAGE q 1-8-91 lR r 3. REFO'SE ENCLOSURES: . Whenever retuse bins are located wi thin or adj acent to a parkinq area used by the public, they shall be enclosed by a decorative wall six feet in heiqht alonq the rear and sides and screened qateCs) six feet in heiqht alonq the front. The enclosure shall not be placed wi thin the required front or street side yard setback area. Exact location and size of retuse enclosures are to be determined by the Planninq Department and Division of Public Services Superintendent. 4. WALLS: a. Six-foot hiqh solid decorative walls shall. be required' on the north -1L, south -L, east ---X....., and west -Z- JQlIlt lJeriDheral property lin.s. ~ :--~---__ ~ 5~ LANDSCAPING: ~. The intent and purpose of this sectior. is to prevent t:re_ and other landscapinq from daDaqinq public iJDprovllllUlDts. a. Street trees must be installed at a ainimml of 30 feet on center. Varieti_ and exact location shall be determined by the Director of Parks and Recreation. b. All. required setbacks abuttinq a public riqht-of-way shall be landscaped (except for walks and driveways which bisect or encroach upon the required landscape area). c. Four (4) copi_ of a landscape plan (includinq plant material specifications) shall be suhIIli~ to the Enqin-.rinq Division for review and approval. d. All required landscapinq shall be protected frOlll parkinq areas and shall be provided with automatic sprinkler facilities which shall be" maintained in an operative condition. e. J:nterior plantinq shall be required and lIIaintained equal to at least five percent or '=en percent of the open surfaced parkinq area excludinq the area of landscapinq strip required by subsection "b" and shall include at least one tree for every five spac_ or lIIajor fraction thereof. .easur_ents shall be computed froa the inside of perimeter walls or _tback lines. =.:. - .. I 'lNH..o ._. OF t t_ r- ". o CASE CDP 90-32 ..".. . ". ......... 4':,.;';- ..... . CITY OF SAN BERNARDINO PLANNING , AND BUILDING SERVICES DEPARTMENT STANDARD REQUIREMENTS . "..:~.. . AGENDA rra.t 9 HE.~ING DATE 1-8-91 PAGE 19 r , 'rherequired setback(s) frail the north -!..-, south, _' _st _, west _ property line shall be densely landscaped with mature trees, shrubs, and qroundcover. A 3 -toot landscaped earthen be:ca shall be erected and . maintained wi thin the setback alonq the above indicated property line. 6. II.LDMDJATIOH: t. ." a. All liqhtinq tixtures in the parkinq are_ shall be directed away trom adjacent properties and the public riqht-ot-way. 7. MECHANICAL EQUIPMENT: a. Air conditioninq and vent ducts shall be directed any trom any adj acent residential uses, and all si4es ot the buildinq shall be tree ot any external vents and .echanical equipment iDclw:1inq, but not limited to, conduits and ducts. b. All buildinq-supported ..-....."lical equipment (includinq root equipment, ladders aDd air conditioninq and vent ducts) shall be enclosecJ. within the build1nq's primary architectural elements; 1Ddependent screeninq devices shall not be perm1ttecJ.. c. All qround-supported equipaent such as transto:caers and air conditioners shall be located within the buildinq, in underqround vaults, and/or _ltiftd approved landscap1nq AIm masoD-'"Y walls. d. All utility service boxes, connections and service lines shall be painted to match the buildinq exterior on which they are located. e. All existinq overhead utility services and wirinq shall be relocated underqround. t. All utility systems inc11ldinq qas, electric, telephone, water, sewer and Cable TV shall be provided tor underqround, with eas_uts provided as required, and desiqnecJ. and constructed in accordance with City Codes and the utility provider. Telephone, Cable TVand/or security systems shall be pre-wired in the structures. 8. Compliance with all recommendations ot the Geoloqy Report shall be required (it applicable). .... :..:- ~d IlUlM.tD ""'OFt I" r (;~~~ CITY OF SAN BE CINO PLANNING" AND BUILDING SERVICES CEPARTMENT o CASE COP 90-32. "' ..~ . . ....- :t.t~..;~+' ~. ..... -.:.. ~.;-'''' ~ .. '. " . " " STANDARD REQUIREMENTS .~ .. --=-..;:~:~~ AGENDA ITEM HEARING DATE PAGE 9 1-8-91 20 ".. ..... 9. Gradinq and reveqetation shall be staqed as required by the City Enqineer in order to reduce the amount ot bare soil exposed to precipitation. ,n Durinq construction, the city Enqineer may require a tence around all or a portion ot the periphery ot the site to lIinimize wind and debris c!amaqe to adjacent properti_. The type ot tencinq shall be approved by the City Enqineer to assure adequate project site maintenance, Clean-up and dust control. Within 75 teet ot any sinqle-tamily residential district, the maximWll heiqht ot any buildinq shall not exceed one story or 20 teet unless the Commission determine. that due to unusual topoqraphical or other teatures, such restrictive heiqht. "(is not practical. : " . ~ No Certificate ot Occupancy shall be issued prior 'to c:ompliance with these standard Requirements as well .. all provisions ot the San Bernardino IlUnicipal Code. 11. 12. SIGHS: All siqns sbaJ.l be in. conformance with San Bernardino Klmicipal Code Section 19,; 60. Pour (4) copies ot It plot plan and elevation ot the sign drawn to scale shall be sWmitted to the Planninq Departlllent tor review and approval prior to issuance ot the sign parmit trOll. the Buildinq and Satety Department. -..- - ~ ~1O HOI1M1 CoIoIIIIt r .._~ CITY OF SAr-; BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT STANDARD REQUIREMENTS COMPOSITE DEVELOPMENT PLAN ". " - ..-... ~ 1_ CASE COP 90-32 AGENDA ITEM HEARING DATE PAGE q 1-8-91 21 PL..AIM..o PAG; 10". {..., tr STANDARD REQUIREMENTS . . Ifi 17 18. CITY OF SAN ~NARDINO PLANNING AND BUILDING SERVICES DEPARTMENT c.D ""'I COP 90-32 AGelllOA lTBot ~ HEAAINGOATE 1-8-91 PAGE ,., .... J.HD ...... 14.- summit plans prepared by .. Reqistered Buil4inq Desiqner, Architect or Ci vi! or StrUCtUral EncJineer. IS. Summit a C:OlIIplete lateral aDd st-~c:tural analysis prepared by a Reqistered Civil or St..~c:tural Enqineer or Architect. Summit State ot cali:ornia Title 24 Enerqy C&lc:ulation Forms tor .,...~.....~, non-r_idential !:luildinqs inc:ludinq a siqned cOlllplianc:e stat_ent. Submit calculations and struc:1:ural dravinqs, prepared by a Ileqistered Ci vi! . Structural Enqineer or Archi teet, ~ ~ Submit floor plan of existinq structure. existinq materials of const..~ction. Label all US_ aDd 'p Submit four (4) COIIIplete se":s of construction plans incluc1inq: a. Copy ot conditions. b. Soils and/or liquefaction report. . 20. '-, 22. ?"t 24. -..- c. Enerqy Calc:ulat1ons. d. . Structural. calculation. Submit a pr.l~ (soils) ~!L__...rJ ~~ report prepar""ii:1 by .. person licensed to do so. summit a sinqle line dravinq of the electrical service. Show all equipment, conduit aDd wire siz_ and typ_. Show the service ground size and qroandinq electrode. SWmit panel schedule(s) and electriC3.l plans. . Per.llit reqUired tor d~litio:t ot exis~inq bull4inq(s) on site. Submit a plan of the h_tiJ:q, ventilatinq or air conditioninq ayst_. (Clearly idendty die location aDd ratinq ot the equipment and the s1:_ aII4 _teriaJ. ot all ducta, reqis1:ers aDd 1:!le location ot all fire daIIpen). SJIGV ..~n. of providinq .~-~.nJ.c:al ventilation a. raqaired by the 1982 UJlifo~ BuJ.J.dinq COde. ........... ~.. ..., .... . -..- - . .. I 25. -'0. 27. 28. 29. 30. 31. Submit gas pipe loads, sizinq .cal~atioftS and isometrics. Provic!e a plot plan shovinq the location at the propose<! sewer syst_. SubllLi.t a letter clearly inc!icati"'1q the intenc!ed use at all areas ot the l:luilc!inq. List the materials to l:le used anc! the projects proc!uced qiv1nq the amount ot _ch kept in the l:luilc!inq. It the builc!inq is used tor more than one purpose, list all other uses. Submit isometric plans ot the colc! anc! hot water and . c!rain waste anc! vent systems. Show compliance with Title ~4 tor m 1;bIr: the physically handicapped ~ Submit plans approved l:ly the Coun'ty H~ 1:h Deparblent. znc!icate _thods ot compliance e exterior, interior party walls, ceilinq) _ per stuc!y, 17 .B. C., local for sound attenuation floor/ceilinq _sembly, or S1:&te Law. Show compliance with requirements of hiqh fire areas. For structures located within hiqh wine! areas: a. Desiqn structure, incluc!1nq roof coverinq, usinq ~o p.s.f. wine! loacl. ei'ty ot San !lerDardino 1"''''<<1 as certificate hclc!er for Wcrker's c:ompensatiOl'1 Insurance. Ass_sor's Parcel Jlullber. 274-031-2,3,4,& 5 32. COntractor's City license. 33 . COntractor's State license. 34. S_er capaci'ty ric;hts f1'OII Water Depart:laent, 384-5093, Hell 'rtI.......ea . ... .......... .... at: , ..... . . . o CASe .COP 90-32 CITY OF SAN BERNARDINO PLANNING . AND BUILDING SERVICES DEPARTMENT AGENDA ITEM HEARING DATE PAGE q 1-8-91 24 STANDARD REQUIREMENTS , 35. School f... froa Unified 5c:bool Disuic:, 381-U79. other: ~F\ DBl'OSrr: $350.00 ... -.- - "-""'&. ~'OIt I~ ." . - - ~. .. - -0-,- - CXTY OF SAN BERNARDXNO DRC/ERC DATE ~-~~-~ CASE (' .1 P C\~- ~ : ~ ;::: STANDARD REQUXREHENTS POLXCE DEPT - - FOR COMMERCIAL/INDUSTRIAL DEVELOPMENTS . . SECURITY LIGHTING: 37. ~ 38 . '-.... 39. ~ 40. ............ I 4l.~ 42. ......... 43. ........... 44. ............ 45. "'-.. DOORS . 46 .'-........ Lishting levels on the exterior ot the building are to pro- vide a minimum ot one toot candle ot minimum maintained il- lumination. evenly distributed. on the ,round level trom dusk until the termination ot business each operating day. All exterior doors to buildings shall be equipped with an illumination device capable ot providing a minimum ot one toot candle ot maintained illuminated at ground level during hours ot darkness. Aisles. passageways, and recesses related to and within the project complex shall be illuminated with an intensity ot at least .25 toot candles at the around level during the hours ot darkness. Open parking lots and carports shall be provided with a minimum maintained one toot candle at lilht evenly distrib- uted on the parking surta~e during the hours at darkness. All exterior li,hting devices are to be inaccessible to common reach or cli.bine and shall be protected by weather and ~andalism resistant covers. All exterior lightin, shall be projected so as to not cast lilht onto adjoin in, prop- erties. Interior night li,htinl shall be .aintained in those areas that are visible tro. the street (,round tloor only). There shall be a minimua ot 20 toot candles ot illumination per square toot of surtace area adjacent to gas pumps. Parkin, lot poles will be shake proot so that lishts cannot be damased by shakin, the pole.. Licht tixtures shall be positioned in such a manner so that -stray" light does not attect adjoining property owners. Interior night lilhting shall be .aintained in those areas that are visible trom the street (ground tloor only). LOCO. AND WINDOWS: Swin,ing exterior ,lass doors, wood o~ metal doors with ,lass panels, solid wood or .etal doors shall be constructed or protected as tollows: A) Wood doors shall be ot solid core construction with a minimum thickness of 1 3/4". . - ~o_ _o~ - DRO/ERC DATE OASE POLIOE DEPT CITY OF SAN BERNARDINO STANDARD REQUIREMENTS 47 . "'-.. 4S. ~ 49.~ I . Bl Hollow metal doors shall be constructed a mfnimum equivalent to sixteen u.s. gauge steel and have suf- ficient reinforceaent to maintain the designed thick- Dess of the door when any locking device is installed such as reinforce.ent being able to restrict collapsing of the door around the locking device. Cl The above doors shall contain a 190 degree view angle door viewer. Except when doubl~ cylinder desdbolts are utilized, an7 glass utilized within 40" of any door lockin, aechanisa shall consist of laminated glass, tempered glass, wired glass or plastics. All swinging exterior wood and steel doors shall be equipped as follows: A) A sin,le or double door shall be equipped with a double or single deadbolt. The bolt shall have a ainimum pro- Jection of I" and be constructed so as to repel cutting tool attack. No double c71inder deadbolt locks shall be installed on the front door. . B) The deadbolt shall have an embedment of at least I" into the strike receivin. the projected bolt. The cylinder shall have a c71i~der guard, a ainiaum of five pin tuablers, and shall be connected to the inner por- tion of the lock by connect in, screws ~f at least 1/4" in diaDleter. The reco..endation does not app17 when panic hardware is required or an equivalent device i. approved by the Building Code. C) The strike plate shall be a minimum of 3" in height and . shall be secured t.o the jamb with a mini_m of four Z-l/Z~ screws. Double doors shall be equipped as follows: A) The acti~e leaf of double doors shall be equipped with ..tal flush bolts having a miniaum embedment of 5/S" into the head and threshold at the door fr_e. Double doors shall have an astragal constructed of steel, a minimua of .125" thick, vhich viII cover the opening between the doors. This astragal shall be a ainiaum of Z" wide and extended a ainimum of I" beyond the edge of the door to vhic~ it is attached. The as~ragal shall be attached to the outside of the active door by means of weldin, or with nonremovable bolts spaced apart on not more ~han 10. ~enters. - 0, - -0 , " STANDARD REQUIREMENTS DRC/ERC DATE CASE ". '1.... "I'O-3:z., POLICE DEPT CITY OF SAN BERNARDINO 50 . -.... 51. -...... rll exterior hinged doors are to open/swing out~ard. Hinges tor. out-swinging doors shall ~e equipped with non- removeable hinge pins or a mechanical inner lock to preclude removal ot the door trom the exterior by removing the hlnge pins. 52. .............., Windows A) All moveable windows shall be equipped with a lockine device and shall be constructed in a fashion to ~ strict them trom being litted out ot their tracks when in the closed position. B) All moveable windows shall also be equipped with an auxiliary locking device which prevents the window fro. being slid open (either vertically or horizon- tally) open while in the closed position. 53. ~ Garaee type doors: (rolling overhead, solid overhead, swin,ing, slidin" or accordion style) A) The above described doors shall confora to the follow- in, standard.: 1. Wood doors shall have panel. a ainimua ot 5/16- in thickness with the lockin, hardware bein, at- tached to the support fr..in,. 2. Aluminum door. shall be a minimum thickness ot .0215- and rivet to,ether a mini~ ot lS- on cen- ter alon, the outside se.... There shall be a full width horizontal be.. attached to the ..in door structure which shall ..et the pilot or pedestrian access door traain, within 3- ot the strike a~ea ot the pilot or pedestrian access door. 3. Fiberelass doors shall have panels a ainimum den- sity ot 6 ounces per square foot troa the bottom ot the door to a height of l' and panels in residential s~ructures shall have a density ot not less than 5 ounces per square foot. B) Where slldin, or accordion doors are utilized, they shall be equipped with guide tracks which shall be de- signed so that the door cannot be re80ved from the track when in the closed and locked po.ition. C) Doors that exceed 16' in width shall have 2 lock receiving points; or, it the door does not exceed 19', -' - o o - STANDARD REQUIREMENTS DRC/ERC DATE CASE POLICE DEPT CITY OF SAN BERNARDXNO a single bolt may be used it placed in the center ot the door with the locking point located either in the tloor or in the door tr....he.der. D) Overhead doors shall be equipped with slide bolts which shall be capable ot utilizing padlocks with a minimum 9/32- shackle. ., Slide bolt assemblies shall have a frame a minimum ot .120- in thickness, . bolt diameter a minimum ot 1/2-, .and protrude at least 1 1/2- into the re- ceiving guide. A bolt diameter of 3/8- ma7 be used in a residential building. 2. Slide bolt assemblies shall be attached to the door with bolts which are nonremovable from the exterior. Rivets shall not be used to attach such assemblies. :: 1. :: E) Padlocks used with exterior mounted slide bolts shall have a hardened steel shackle a ainimua ot 9/32- in diameter with heel and toe lockin, and a ainiaum 5 pin tumbler operation. The ke7 shall be nonremovable whea in an unlocked operation. F) Doors utilizin, a c7lind~ lock shall have a ainimum ot five pin tumbler operation with the bolt or lockinc bar extendinc iato the receivinc ,uide a ainiaum of 1-. Common walls shall be as sound proof as possible. 54. ............... All root openincs civinc access to the buildinc shall be secured with either iron bars, metal cates, stamped metal or shall be alarmed and aeet with the approval ot the police department. . ADDRESS HUHBERS 55. ""-... Root top address numbers shall be provided. The7 shall be a minimum ot 3' in length and 2' in width and ot contrast in. color to the backcround. Numbers shall be placed parallel to the street address as assicned. 56. ,. The project shall displaT street address numbers placed in a prominent position as near the street as practical. Numbers shall be a ainimum ot 8- in heicht and ot . contrastin, color to the backcround. All individual units shall be clearl7 identitied bT numbers, letters, or a combination thereot. These numbers .nd .' .... o. -o~, DRC/ERC DATE CASE GI.A ~ 0,= -~z. CXTY OF SAN BERNARDXNO STANDARD REQUXREHENTS - POLXCE DEPT ,. letters shall be a minimum at &R in heiaht and at a contras- tin, color'to the backaround. All numberin, at units shall be in a sequential. logical order. ~; ACCESS CONTROLS: 57.'- An access control override device shall be provided for use by police departlllent personnel to .ain i_ediate access. Perimeter fencing or cross fencing shall be installed to prevent criminal lIIovement or activity. The exterior business walls shall be posted with Municipal Code Section 9.52.070 relative to trespassing. The placement of outside public telephones shall be re- stricted to aD area i..ediately adjacent to the front of the store. RETAIL/CONVENIENCB STORES Lockable cold beveraae (beer) cases shall be locked .t 2:00 .... No alcoholic beverases shall be displayed or stored in the front 2/3 of the custo.er area. Ice machines shall not be installed in front of store win- dows. The interior cashier/sales counter shall be located so it is visible fro. the buildins exterior. The floor area inside the counter shall be elevated . minimum of 6R above the floor ~f the business. Windows and counter/cash re,ister area will not contain dis- plays/advertisements that block the visibility of the cashier trom the outside of the store. A photo-electric be.. across the entry door shall be installed to audibly notify or rin, when customers enter the store. Utilization ot outside interco. speakers is prohibited. " " -0 o - - -- - STANDARD REQUXREMENTS DRC/ERC DATB CASE POLXCE DEPT CXTY OF SAN BERNARDXNO - ALARM SYSTEHS 58. "- ,~ It the unita are alarmed or wired for an alarm aystem, the buyer ia to be notified to contact the Police Department tor aD alara permit. OTHER REQUIREMENTS The placement ot aachinery (compressor equipment) shall be away from residential areas to abate the_intensity of Doiae. " -0. -0 - .... - STANDARD RE~UIREMENTS DRC/ERC DATB CASB POLICE DEPT CITY OF SAN BERNARDINO - ADDITIONAL REQUIREKENTS: '" t2...V:.".,~ l..~; ,. ol.. ;.:, p(~,,, ,~: I-~-d . . 59. . , . aTY OF SAN()ERNARDINO PUBLKOtvORKS/ENGfl CASE nIP g()-32 / STANDARD REQUIREMENTS AGENDA ITEM 9 HEARING DATE 1-8-91 NOTE TO APPLICANT: Where separate Engineering plans are required, the appl1cant 1S responsible for submitting the Engineering plans directly to the Engineering Division. They may be submitted prior to submittal of Building Plans. Drainage and Flood Control All neces sary dra i nage and flood contro I measures sha 11 be subject to requirements of the City Engineer~ which may be based in part on the recommendations of the San Bernardino Flood Control District. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. 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 desi gned and cons tructed at the deve 1 oper' s expense, and right-of-way dedicated as necessary. _ The development is located within Zone A on the Federal Insurance Ra te Maps; therefore, a Special F1 ood Hazard Area Permi t issued by the City Engineer shall be required. _ The development is located within Zone B on the Federal Insurance Ra te Maps; therefore, all buil ding pads shall be raised above the surrounding area as approved by the City Engineer. _ Comprehensive storm' drain Project No. is master planned in the vicinity of your development. ThIS drain shall be designed and constructed by your project unless your Engineer can conclusively .show that the drain is not needed to protect your development or mitigate downstream impacts. 60. -!.... All dra i nage from the development approved pUblic drainage facility. drainage facilities and easements satisfaction of the City Engineer. X Drainage from the parking lot and buildings shall be sha 11 be If not sha 11 be directed feasible. provided to an proper to the 61. taken to the fronting street MARCINO PUBL8.OMS/"" '., CASE CUP 90-32 - STANDARD .AEQUREMENTS : i. /', CITY OF SA AGENDA ITEM 9 HEARING DATE 1-8-91 r Grading 62. X If more than l' of fili or 2' of cut is proposed, the site/plot/ -grading and drainage plan shall be signed by a Reghtered 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 in advance. 63. X 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. A liquefaction report is required for the site. Thh report must be submi tted and approved pri or to issuance of a gradi ng permi t. Any grad i ng requi rements recommended by the approved 1i que facti on report shall be incorporated in the grading plan. X An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conforll to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). The on-site Improvement Plan shall be approved by the City Engineer. 64. 65. 66. 67. X A reci proca 1 easement sha 11 be recorded pri or to gradi ng plan appro va 1 if reci procal dra inage, access, sewer, and/or park ing is propo sed to cross lot 1i nes, or a lot 1 i ne adjustment shall be recorded to remove the interior lot lines. X The pro ject Landscape Plan sha 11 be revi ewed and approved by the City Engineer prior to issuance of a grading permit. Submit 4 copies to the Engineering Division for checking. X An on-s i teo" Li ghti ng Plan for the pro ject shall be rev i ewed and approved by the City Engineer. This plan can be incorporated with the grading plan"or on-site improvellent plan. if practical. L. . CITY OF SA RNARDINO ~ 1Ycmv~"" CASE STANDARD REQUIREMENTS ~~~~ ITi~ 1-:-91 , Util i ties: 68. -L-Des i gn and cons truct a 11 pub 1 i c uti 1 i ti es to serve the si te in accordance wi th Ci ty Code. City Standards and requi rements of the serving utility. including gas. electric. telephone. water. sewer and cable TV. Each parcel shall be provided with separate water and sewer ----facilities so it can be served by the City or the agency providing such services in the area. 72. Sewer main extensions required to serve the site shall be ----constructed at the Developer's expense. Sewer systems shall be desi gne:S and constructed in accordance with the City's .Sewer Policy and Procedures. and City Standard Drawings. 69. X Util i ty servi ces shall be placed underground and easements ----provided as required. 70. X All existing overhead utilities adjacent to or traversing the site -on either side of the street shall be undergrounded in accordance with Ordinance N'J. MC-60l (Subdivisions) or Resolution No. 88-65 (Non-subdivisions). 71. X Existing utilities which interfere with new construction shall be -relocated at the Developer's expense as directed by the City Engineer. 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 :ewer plan designed by the Developer's Engineer and approved by the :ity Engineer will be required. This plan can ~e incorporated in the grading plan. where practical. X A .COlIIIIUnication Conduit. shall be installed in all streets within and !djacent to this project. The conduit shall be dedicated to the City and its primary use shall be for Cable TV installed by the Cable TV Company under permit from the City of San Bernardino. - RNARoINO PUBl.,e tVORKI/DIQR. CASE CUP 90-32 - STANDARD REQUIREMENTS AGENDA ITEM 9 HEARING DATE 1-8-91 ;, Street Improvement and Dedications: 73. ~All public streets within and adjacent to ~he development shall be improved to include combination curb and gutter, paving. handicap ramps, street 11 gh ts, si dewal ks and appurtenances. i ncl udi ng. but not limited to, tr-affic signals, traffic signal modification. relocation of public or private facilities which in-:erfere with new construction, striping, signing. pavement marking and markers. and street name signing. All design and construction shall be accomplished in accordance with the City of San Bernardino .Street Improvement Policy" and City .Standard Drawings., unless otherwise approved by the City Engineer. Street lighting. when required, sha 11 be des i gned and constructed in accordance wi th the Ci ty' 5 .Street Lighting Policies and Procedures.. Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. 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 placesent of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right-af-Way (Ft.) Curb Line (Ft.) All rights of vehicular ingress/egress shall be dedicated from the fallowing streets: 74. X Construct sidewalk alOng Yalnut Street frontage per Std. 202. Case "A". 75. ic Remove existing drive approaches ..mch are not to be used by this project and - re-constnr.t full height curb. gutter and sidewalk - 76. X Constnr.t street lights along Walmt Street per city Standards. 77. -L Constnr.t new driveway approach per Std. No. 204, Type II with handicap by-pass. 78. 79. 80. - . . ERHARDINO PUBL.e WORK.'..... CASE CUP 90-32 CITY OF SA STANDARDRECUREMENTS AGENDA ITEM HEARING DATE PAS 9 1-8-91 Required Engineering Permits: x X Grading permit (if applicable). On-site improvements construction ~ermit (except buildings - see SuildinS and Safety). X Off-site improvements construction permit. Applicabh Engineering Fees:it(Subject to change without Notice) Plan check fee for Final/Parcel Map. 81. X Plan check and inspection fees far off-site i mpraullents. - 82. X Plan check and inspection fees for on-site improvements (except buildings; see Building and Safety). 83. X Plan check and inspecUan fees far grading (if permi t required). 84. 85. 86. Bridge improvement fee in amount of S . x Drainage fee. Exact amount of fee Shall be deterllined by Department of Building and Safety at time of application for building permit. Landscape Phn Revie'll Fee S 100.00 . Traffic System Fee of S 12.92 per vehicle trip for City-wide traffic mitigation. The total amount of the Traffic System Fee sha 11 be deterllined by the Ci ty Tratfi c Engineer at ti me of application for building permit. x X Street Light Energy period of 4 years. recording. A Landscape Haintenance District shall be implemented to maintain landscaping within the fallowing areas: Fee to pay cast of street light energy far a E~act amount to be determined prior to ..p . " a~"'" n~ 1 CASE 90 ' 3'- CITY SAN BERNARDINO OF STANDARD REQUIREMENTS HEARING DATE REVIEWED BY PlRE DEPARTMENT REQUIlll!MEHTS GE:-rER.~L ;l.~Qt:IRE~IE"'fTS: I] proyice one extrs set f){ constr..action plans to Buildtnr ana r .t'"t:: tor Fire Department u.se at time ot plan eheek. [) ycd\tacl Fire Deputment Cot specific: or detailed requirement.i .. IMPORTANT. 87.. !V'!'he cevelQ?er i"aU j)rovide ~or adequate Fire Flow ~ ~~mpUl~ ::>>y the fire P1"eVention Bureau. Fire Flow shaD be based ')II 'JCIuare footare, ,=onstruction ~e.tures Vld exposure tntormatlon IS supplied by the developer 1M may be taken from two llydl'8llts. .~CCESS: 88. 89. 90. 91. [ 1 11 [ ) [ 1 11 [ 1 [ ] Provide to.o citte~t routes of ir.;ress/egress to the property entrance. The routes shall be paved, aU-w..ther. P~de an access roadway to nch buildir.lI' ror fire apparat'OSo ."ceess roadway shall have an all-w..ther drivinc surface ol not less than =o-r..t of unobstructed width. . Extend roadway to within 15Heet of all portions or the exterior .,.us of aU sinrte-story buildinp. Extend roadway to witbin So-leet of the exterior walls of III muJ~ipll"'StOry buildl.... Provide ..~o P ARKINC" siens ....henev.r parking of vehicles would paaibly reduce th. c:learance 01 aceeu roadways to leu tIlan the required wiclt/l. Signs.... to read "TIRE LANE - NO P.UKING' (AU -'" '~I.C. See. IS.IS". Dea6--end streets shall not exceed SOo-feet in length and shall have a minimum 35-toot radius turnaround. The names of any new streets (puolic: or private) shall be suomitted to tile Fire Department for approvaL SITEI [] ~cees.s roads and stl"eets are to be constructed and usable prior to combllltible c:anstruction. I~Priy.te fire hyclranU shau !:Nt insu1led to protect eaeta buildinc 1oeat", man than ISH..t from the curb Un.. ~o fire hydrant should be witbin "'~f..t of any exterior wall. The hydrants shall be Wet BarNl type, with one %I-ineb and one ~ outl.t, and aoproved by the Plre Department. Pire hydrants are 10 be protlCled f... clam.,. by ~cIJJv suitable tramc berrien. The area __ the fire hydrant sIIaII be desicnatad as a -NO PARK/llG" _ by peiatinr an II-i_ wicle, red stripe f. 15-l.t ~Ch direction in front of tile hydrant in such a manner that il wiU not be _ad by puked vellic:Jeo. lluItaIlIe "!f0 ARI\ING- signs are required. [ Public fire hydrants shall be provIcIacl ~ .......ts al ~Oo-teet int...... f. commerclal and 1IIu1Ikesi_tIaI _ and at 500-f... intervals for _tial....... wtaJlation sIIaII conform 10 City speclt\catiOlll and be Installed prior to _ c:anstructlon 01' starap. BUILDING. I 1 The __ of the stnICtUre, in si. inch numerals, sIIaII be installed .. tile lluiIdInS or in other ___.ed _ti... in IUd; a mannet as to De visible from the ftolltap' street. The color of the natIIben IhaU c:anU'Ut witll eolor 01 tile tMlekp'auncL () Identify each ps and electric m.t.r witll the number 01 the unit wlric:lllt .....e-. [] Fire extin.ruishets must be installed prior to tile buildInr bei:1tf 4XCtJPit d ". minimum retine tor .., fire extInpiIher is 2.\ 10 SIC. ~linimum distribution of fire elllilllfuis/lers musl be suc:h lIlot 110 Iatenor pert of !be buildill( is _ 75-l_ Ira... elistane. from a fire utiJIcuisber. [~AIl iIcIinp, otller t/lan residential OYer 5,000 square fee.. sIla1l be JlC'O'ricIacl witll an automatic fire sprInk1er _lit, -peel NFPA sI_ (1 Submit pl.ns tor tbe fire protection system to the Fire Department prior to beCiJIniIIc c:anstruet1on Oft the system. ~ J Tenant improvements in all .sprinklered buildlnp are to be 1I0proved by tile Fire D.,-tment prior to constructi-. :. ] Provide an automatiC' fire &farm (required tllroupout). P!u :nust be ~o'ed by the Fire Oep.ertmenr:. prior to installatlan. f) Fire Department connection to (sprinkler system/staftc1pipe system) sbaD be required at curb Un.. ____ ---..:...aza:aa --- -- NOTE: The applic:eftt must request. in writinr. any change in these or other ,....i 11Italt& A~ ~ ~ . U;~ i"?!l In 7/39 . . o j.n Bemardlno City WatW DeparO..t STANDARD REQUIREMENTS ( Review of Plans: # .r-~J'"P &1;?~ ~ I U Location:~ ~l"_ ~~ ~=(_#-"Ffsr Type of Construction: V 4-" I t::.. ~1': "- OwnerlOeveloP~;- _~y l ~l4 ENGINEERING: Name: f:;J JJ~ WUI J~'\S, Date: skI /q"I'J 92. .K P.S.I. '\p~~l,/...I~ .1-~.~llIiI!'lI!o' - ~~ (1-2A#f -.,' ): = Size of Main Adjac(nt to the Project ~ i~ '~."B.i.l."'D Wi" ;;-/.:\ J,~'-; A ~r"" yfl::,.'N-E:j-' Pressure Regulator Required on Customer's Side on the Meter. Off-site Water Facilities Required to Meet Peak Flow Demand. 93.)2 Comments: vl___'" ~~J U?~ Q. ~-=V~ ~:~ ~14.~ ~{T~ ^.tf'. +"4'~' . ~ Ao ~i~ ~4 Subject to the Rules & Regulations ofthe Water Department in effect at the time of Application for Water Service. This Area is Serviced by East Valley Water District and All FeesIConditions will be Determined by their Engineering Department. Date: Approved: Denied: Continued: ..~ WATER QUAUTY CONTROL DEPARTMENT: Name: ~ Date: 'f'\~z. ~ 94. ~ R.P.P. Backflow Device Required at Service Connection. ;19/$ # - "l~ ~ 7- :; Double Check Backflow Device Required at Service Connection~se....s7o! " ~ .....9 {?T ~ :: Air Gap Required at Service Connection. ~~ ~ _ .eJ~";;'~1 ,~.so:.~~ -- ,""'."IC..-..-, -.r,c-~.."'9~. C No Backflow Device Required. ENVIRONMENTAL CONTROL OFFICER: Name: 95. ~lndustriaJ Waste Permit Required by Environmental Contra! Officer. = Grease Trap Required by Environmental Control Officer. = Pre-treatment Required by Environmental Control Officer. 96. .8... No Regenerative Water Softeners May be Installed Without Prior Approval = Approved by Environmental Control Officer. Name:\,k\L. ~",,~..J Date:~ sewERCAPACnYINFORMAno~ Date: ~\n~ . 97. No Sewer Capacity Fee Applicable at This lime. ..& Sewer Capacity Fee Must Be Paid to the City Water Department for the Amount of Gallons Per Day. Equivalent Dwelling Units: Subject to Recalculation of Fee Prior to the Issuance of Building Permit. ~ Proof of Payment Must be Submitted to the Building & Safely Oepartment Prior to Issuance of the Building Permit. 98. Breakdown of Estimated Gallons Per Day: _Z:6 .J.1Of WAnt-3.IM ":'..........-.., :a._.....""....a. . .. .........._._.-.;....... .... ro:-V OF SAN BERNAt) INO PLANNING DEPARTMENT INITIAL STUDY ~ "' .. Applicant(s) Address City, state Zip laSC: ISP!U:PARAT%OK kej9-1-89 Initial Study for lDYironmental Impacts For tol'4Dmc..lAl.. \lSoE. P&li!IMIT"..v.. ~O-~'2. Proj ec:t lIumber Project 4escription/LOCation \b ~ A ~~ct.e. --~ll.Jw ..,~ l"1N ct.5 ~~ L.O~~ 8.1 ~t!. Saa.N C:lf"ltf!.. ~ WM..M.UT SrQ~ ~'M~I" ^~ ~~~ 6.AS'T" o~ M~o1T" ~-=-r- Date A\1~T I'?>, \ ,qo Prepared for: MQ. ~ M~. llla,I'1'W' ""''<r \&.&.~~ \JJ~T t2.\ALTD A-\ledUe. -~l 'N!!A.~DIIJD rA ::ll'''2.I.Hn J Prepared by: Io\\C\ol-M==:L Q... F1~ Kame ~-\ATlE t'LArI'o\~eIl- 'ritle City of San 8erDaJ:dino PlannimJ Departllent 300 H. -D- street San Sernarclino, Q 92418 ._0.. . . .J-.. O. ~ 7. IMn nldt HIzanIs: WII the pllljec:I: V_ No MaybI L u.. _. b_ I~:>II or .t~ t:iI hIzanIaus 01 IIJIiI: ...Alrilll rncluding but nalllmUd lD ail, X J........ .. . cIIemicIls ar ~J1 b. 1rwaIft!he ..... 01 huardaus 1UbIlMca? ')( c. ExpaM people lD !he pat.miaI hNIIhIAIIIy h.zards1 X d. 0Iher1 X L Hou8Ing: Willh. prapasal: a. ~ IlCisling IllIusing or crutI a dem8llCl far addtian. haUSing1 X. b. 0Iher1 X. t. Tr8IIlp a bdIo.IIl CIrculation: Cauld the pmpasaI reeul in: L M L..:.... in lnIIIic thai is greater lhan the land use design.eel on lh. G...,. Plan1 X b. Us. 0I1IIisIing. 01 dlm8llClfar .... ~ ~1 X c. ImpKI upon Illisling public IIWIIpClIlaIian systMlS1 )(' d. AhrDon 01 ~ pdImS 01 c:in:u1ldion1 ~ .. ImpKIIIl rd or U nffIC1 X L .1Cj III..... uIeIy hGanIs lD VIhicIII, bic., fi tJ 01 pld 1,;"_1 X. g. A disjoi/Iled pdIm 01 raUNay h....0._1II1 X. h. Slg...."-4 hIC:U_ in trdic a- on the IaIIdwaya or ;nr.aedioIII1 X L 0lIw? X 10. Publlc S.n' WII!he po =~=.., impIdthlfollawilll IIerand the r ....~ III pIOVidI --.p- ...... 01 ....1 L F.. poCllldiaR1 X. b. PoIcIpo(j~.1 X c. Set Il'l rLI., aIII~ boundllrils. overIlled. 11I:.11 )( d. P1IIIcs 01 o1hIr rcruIionIIlKiIllils? )( .. MIdi:II aid? )( I. Solid Wasl81 X II- 0lIw? X ::.: ... ~I ...I ~ iltGli30F'1 (t4J :.l. - ~J II\..NM.aI.PaGE,zOFI ($ 1 . ',.. o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ENVIROMENTAL IMPACT CHECKLIST ... ,.. A. 'BACKGROUND AppflCalion Number: CONb\T'\C~AI- I...'~. ~eRM IT q~ -3'2... Project DelCription: "'T'O l!;..co.TA-~L\~~ A vE\+\C.L:e ~:6c."C:L.\1IlG- "ARb ~ q,S' wQe<:... UNn~Q ~e. Au~nQ"~'l ~.;: MIAII.h<:.\PAL C.OCe. 5a::ll 01" t "l. e ?, . ?l~. Locaiion: ~N "\""ttE ~~\A~ Slbe O~ ,^,Aulur ~~l A-\=>PQl)XIM~l...i ,~Rl') f=E.G'- E$T of MUSCO\T STQ.~~T:"" EnvironmenlalConstraintsAr..: 41_~\5\-~\()l n} poTE.NT\4L &1~Sl~ H-\&l4 ~ OlAtJ1:> wA'reQ.. General Plan Designation: I!-\ I I tJ. Du.~ TQ. \ AL ~ '/ Zoning Deeignmion: \ I..\- I \ lo.l1:>.A.S> TR\~ \JrG.w'j I. ENVIRONMENTAL IMPACTS ExpIUl_rs. where appapriale. on . separaae aIIachaclshHt. 1. Earth Ra8OUl'C8. Willhe proposal __ in: Vas No Maybe L Eanh movement (cui andIor fill 0/10,000 cubic yanls Dr mora? )( b. Development andIor grading on . slope gra_ lhsn 15% naIUral grade? ,1.5". TO \. SO}. )(.. c. Development within the A1quisl.priolo Special Sludia Zone? )(, d. Modiication 01 any unique geologic or physical felllUre? X. e. Soil erosion on Dr off the projac:l site? X f. Modiicalion 01 . channel, creek or.river? X g. Development within an .... subjad to IandIlides, ")I.. mudslides. Iiquefec:tion or olher similar haDnIs? h. Other? "be"~~Oj)~E.rr ",\~ul"~ A~6r X OF t>O'TlSMT\"~ ~U6S\tt>tlc:€.1t1ol1) ,""I~ G~()\l."1) W4~~. .. ...,j ~, ------ P\.AH-I.CII PJGE I os: I ~r_ _ ,..- . o ~ v.. No Maybe c:. DaM 1he prajKI haw ImpEls wlIich .,. indlvidudy ....... buI ~ conlilMnlble? (A pIajec:I may Impec:t on two or __...... __ whe,.the ImJ*l on HCh ___ iI rUIiveIy IIIlalI. but ~ 1he eIIec:t Gl1he lDl GIlhaM impKIs on 1IIe emrilllll/Mlll illignilanL) d. DaM the pnljecl haw emriIanrnenl8I elIec:t1 which wi. _ s~ ~ ell_on hum." beings. either direclJy or indirwclly? )( x C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES (AIlIIch sh.... _ n-...y.) SEG: A\TA~~1). ~.~......:= P\..MoI.DI PlIGE 51 OF' 1$01 r' U 11. Utllltla: WlRtha proposal: L Impa the Iallllwing beyond tha ~ III pnIVide lIdeqvaIa levall of mvice or require tha -*ruetion d new fdlles? 1. fUbnJ gas? . 2. EIectriciIy? . 3. Watar? 4. S-r? 5. OIher? b. R..ul in a disjointed pattarn d utility utansions? c. Requite tha conSlruclion of new facilllias? 1 Z. Aaatllatlca: L Could tha proposal raul in tha abItruclion of any scenic vi_? b. WID tha visual impact of the pIIljac:l be detrimentaJ ID the surrounding area? c. OIlier? 13. Cullullll RallOun:ae: Could tha pIIlpClS8I rwul in: L Tha deration or dastruc:lion d a pralIistori: CI' historic archaaological Ha? b. Adverse physical or MSfhatic impas ID a prahistoric or historic s.a. SIruCtIIra CI' objacl? c. OIher? o Ves No x X. )( X >< )( X x x. X x x X Maybe 14. Mlndatory FlncI1nllll of Slgnlflcanca (Sac:lion 15065) Tha California Environmental Quality AG _..that. if any 01 :ha fallawing can be .,,-* Y" or maybe. tha pIIljac:l may hava a signil;c."t ailed on the anvirDnmanl and ." Environmantallmpact Report shall be prepared. L Does the prajact have the poIanliallD cIagrada the qually d the anviranmant, subslantially reduce the habiIaI d a fish or wildlifa splein. cauaa a fish CI' wiId.a popul.ion ID drop below lei Il_iring levall. th,..an III aliminala a plant or animal community, reduce tha number or rastricltha range d a ,.,. or andangered plant or animal or aliminlla important axantpies of the major periods 01 California hiItary or prahislDry? b. Don the pIIljac:l have the poIantiallD achieve shoIt- term, ID tha disadvantaga d Iong.term. _inlt""antal goals? (A short.term impa on the anvinlnmant II one which occurs in a relatively brieI. dafinilift period of tima whWa long-term impacts wil andura _I inID tha lulu,.,) l v.. No x; x Maybe PLAIM.OI ~JGi"O-=" 15-ia) eno. .,. ... .....,.. ........._.11_ o o conditional Use Perait No. 90-32 Auqust 13, 1990 C. DISCUSSION OF ENVIRONKBNTAL EVALUATION AND KBASua8S (continued). MITIGATION 1.a" and 1.e. Developaent of the property will result in ainor qradinq. Potential iapacts resultinq froa project qradinq will include iapacts on the coaaunity (dust, noise, etc.) and iapacts on the physical environaent (erosion, drainaqe, etc.). Enqineerinq Departaent standard Requireaents and Conditions of Approval concerninq project co.pliance with Section 7012 (c) of the Unlfora Buildinq Code will reduce these potential iapacts to a level of non-siqnificance. 1.c. The proposal will result in develop.ent within an AlqUist-Priolo special study area. A qeoloqic and selsaic study was conducted for the site by Terra Geotechnical, and was review by the City Geoloqist, Dr. Floyd Williaas. Faultinq and Methods of Investiqation The San Jacinto Fault Zone passes throuqh the southwest portion of the site. Methods for fault investiqation included aerial photoqraphy, field reconnaissance and trenchinq in the area of proposed structures. Results No faultlnq was observed at the subject area. within the lialts of the trenchinq. Based upon previous qeoloqic work in the area and aerial photo exaaination, it appears that the closest distance to the San Jacinto Fault is plus or 8inus 300 feet to the southwest of the proposed structures. Potential I.pacts to Developaent Because the study revealed that no faultinq was observed within the area of the proposed structures the possibility qround rupture resultlnq froa an earthquake is considered low. However, several other potential secondary seisaic hazards do exist at the site. These potential hazards include: 1. Llau@fa~tlon - The site historically has had a qround vater depth shallower than 30 feet. Given the fine qrained loose sedi8ents present in the soils at the site, there is a .oderate-.oderately hiqh potential for liquefaction at the site; and, o o. mxtension of Time) Condltlona1 Use Per.it No. 90-32 AU9ust 13, 1990 C. DISCUSSION OF BNVIRONMBNTAL BVALUATION AND KBASURBS (contlnued). l.c, (contlnued) MITIGATION 2. Selsmlcallv Induced Settleaent - Sett1eaent genera11y occurs wlthln areaS of loose unsaturated granular solls wlth relatlvely low denslty. Slnce unconso11dated sedl.ents were found to be present at the slte, selsaic sett1eaent is a potential hazard. Mlt19atlons The followln9 altlgations apply to the proposal to reduce potentlal selsalc hazards: 1. Slnce no evldence of faulting was observed wlthin the li.lts of the trenchlng, no restrlcted bul1dln9 use setback Is warrented where the proposed buildin9 is to be located; 2. A potentlal for settleaent of the fault trench backfl11 exists at the site and shall be aiti9ated durin9 rou9h 9radln9 by reaoval and recoapactlon, or coapatlon In place if applicable; 3. Moderate-severe ground shakin9 levels can be anticipated durlng the life of the structure. The selsaic accelerations discussed in the text of the geologic report shall be Incorporated Into the structural des19n Of the buildln9 In additlon to coaplylng with the selsaic code provision for the Clty of San Bernardlno and the latest edltlon of the Unifora Building Code; 4. If any other areas at the site are proposed to be bul1t on in the future, appropriate Investi9atlon shall be performed to evaluate the potential for faultlng. S. A copy of the geologic and selsaic Investigation of the site conducted by Terra Geotechnlcal shall be aade avallable to property owners and tenants of the proposed project, present and future, In an effort to make thea aware of the potentlal seisaic rlsks assoclated wlth the slte. 6. Should any condltlons be encountered durlng development that appear in any way to be different froa those described in the geologlc and selsalc report coap1eted by Terra Geotechnlcal, a qualified geologist shall be notified concernln9 approprlate recoaaendatlons and alt19atlons. o o Conditional Use Per.it Ro. 90-32 August 13, 1990 C. DISCUSSIOR OF ERVIRONHBNTAL EVALUATION AND KBASURBS (continued). KITIGATIOR 1.q. Althouqh the site is not located within an area identified by the General Plan as havinq a potential for liquefaction, the qeologic and seis.ic study conducted for the site by Terra Geotechnical has indicated a moderate-moderately high potential for liquefaction at site. Enqineerinq Standard ReqUirements concerning project compliance with KC-676 will ensure potential impacts are reduced to a level of non-significance. 1.h. The project site lies within an area of potential ground subsidence and hiqh qround water. A soils report shall be prepared and submitted to both the Building and Safety Department and the Bngineerinq Departaent. The project shall co.ply with all recoaaendations concerninq foundation design contained in the soils study and subject to the approval of the Building and Safety and Bngineering Departments to reduce potential impacts to a level of non-Significance. 2.a, 3.c., 7.a. The project aay involve the storage/disposal of hazardous aaterials or waste, including oil. Storage/disposal of hazardous materials, waste, or oil must comply with the requirements of the Uniform Fire Code and County Environmental- Health Services requlations reqarding air quality control, soil and qround water protection, and fire prevention. Potential impacts will be insiqnif1cant. 3.a Development of the Jite could result in increased surface runoff due .to a reduction in the amount of permeable topsoil. Bngineering Depart..~t Standard Requirements and Conditions of Approval concernin9 conveyance of drainage runoff to an approved public drainaqe facility will reduce potential impacts to a level of insignificance. 9.a. The proposal has been reviewed by the has deterained that the additional project are not sufficient to cause a existing adjacent street system. City Traffic Bnqineer who trips fro. the proposed significant impact on the r' .- - ..... D. DETERMlNA110H On 1M baIa a/1IIia inmlllUdy, o l1le pra~a I ~ pIOjecl COULD NOT h_ asignilant efIec:l on the anviranmMl and a NEGATIVE DEClARA- TION .. be preparacI. lVr The pIIIpClUd prajact could h_ alignilanl aIlacl on 1M environment. dhough Ihe,. wiD not be a signiflCalll \AI afIac:t in 1IIia can bac:a~ 1lla mitigation mN8Ur. dHCribad above h_ baan addad 10 tha projac:t. A . NEGATIVE DEClARATION will be praparad. o l1le ~ad ~jact MAY have a sign.il:ara elfact on the anvironment, and an ENVIRONMENTAl IMPACT REPORT. raqUlrad. . . ENVIRONMENTAl REVIEW COMMITTEE CrN OF SAN BERNARDINO, CAlIFORNIA .:r::.v 1"tWI'J..~ 4;C1l!:1....~ 1'f~ Name and TIIIa ' sf=(~ tf' -).J - 7', Data: ...."'- - Ii... ...,j Li 1'lNH.IlI'_ OF ISotlll o o MY.YOa.ION .RPOR.tNdJMONt~RtNR PLaN for the eoftdl~loft.l Use Per.it No. gO-~2 Ml~fa.t.d N.9a~tv. Deelarat:lon. IIf'PRODU~tON In coapliance with Public Resource Code Section 21081.6 (enacted by passage of AB3180 (Cortise)), public agencies apprOVing projects which aay cause significant environaental impacts aust aonitor the aitigation of those iapacts. This Mitigation Reporting/Monitoring Plan, prepared for Buddy Long, ensures iapleaentation of the aitigation aeasures adopted by the Planning Co..ission in approving the project and the Mitigated Negative Declaration. Ml~'9a~lon Measures and RepoFtlna/Nonltortnq aettvt~t.A Prior to beginning construction, the applicant shall furniSh the City Planning Department with a checklist chart to use in tracking the mitigation aonitoring and reporting activities. 7he chart shall list each mitigation measure, aonitoring or reporting action and be ruled into coluans that are deSigned to record responsible agency, dates of completion, inspector or other certifying person and the person recording the information. Barth aesources Mitigation Measures 1.c. 1. Since no evidence of faulting was observed within the liaits of the trenching, no restricted building use setback is warrented where the proposed bUilding is ""to be located; 2. A potential for settlement of the fault trench backfill exists at the site and shall be aitigated during rough grading by reaoval and recoapaction, or compation in place lf applicable; 3. ~oderate-severe ground shaking levels can be anticipated during the life of the structure. The seismic accelerations discussed in the text of the geologic report shall be incorporated Into the structural deSign of the building In addition to coaplying with the seisaic code provlsion for the Clty of San Bernardino and the latest edition of the Uniform Building Code; 4. If any other areas at the site are proposed to be built on in the future, appropriate investigation shall be perforaed to evaluate the potential for faulting. S. A copy of the geOlogic and seisaic investigation of the site conducted by Terra Geotechnical shall be made avallable to property owners and tenants of the proposed project, present o o and future, in an effort to aake the a aware of the potential seisaic risks associated with the site. 6. Should any conditions be encountered during developaent that appear in any yay to be different froa those described in the geologic and seisaic report coapleted by Terra .Geotechnical, a qualified geologist shall be notified concerning appropriate reco..endations and aitigations. Barth Resources Reporting/Monitoring Action I.e. 1. Any changes in the proposed location of the office building viII be restricted to the area vi thin the liaits of the trenching by Terra. Geotechnical in the Course of the Geologic study of the site. Proposed changes viII be revieved by the Planning Department under the Minor Modification application process and compliance verified at that tiae. Copies approved changes shall be placed in the project file in the Planning Departaent. 2. Reaoval, recompaction/compaction in place shall be documented by the contracter at the time of grading. Copies of the documentation shall be submitted to the Planning Department. The Planning Department viII place the copies of the documentation in the project file located in the Planning Department. 3. The seismic accelerations discussed in the text of the geologic report shall be incorporated int~ the structural design of the building. Verification of this and compliance vith the seisaic code provision for the City of San Bernardino and the latest edition of the Uniform Building Code viII be accomplished by building and safety during plan check by Planning and Building Services. The building permit viII serve as documentation of compliance. Copies of building permits are kept on file in the Planning and Building Services Department. 4. Additional bUildings or expansion of the site viII require the filing of another Conditional Use Permit. The additions and expansions vould be subject to the prOViSions of the California Environmental Quality Act and appropriate investigations vould be performed at that time to evaluate the potential for faulting. . 5. A copy of the geologic and seismic investigation of the site conducted by Terra Geotechnical shall be aade available to property ovners and tenants of the proposed project, present and future, in an effort to aake them avare of the potential seismic risks associated vith the site. A disclosure stateaent verifying that a copy of the investigation has M..._-=,<>,-'_.O.." . ...- o o been recelved, aust be slgned by potentlal property ovners and/or tenants at least thlrty days prlor to the1r custody and/or occupancy of tbe slte. Coples of the slgned d1sclosure shall be subaitted to the Plann1ng- Departaent and v1ll be placed 1n the project f1le. 6. . Should any conditions be encountered during developaent that appear in any yay to be different froa those described in the geolog1c and se1saic report coapleted by Terra Geotechn1cal, a qual1f1ed geologist shall be not1f1ed concern1ng appropr1ate reco..endat10ns and a1tigat10ns. The Planning Department and Clty Geologlst shall be notlfled and the flle docuaented. Copies of any suppleaental Geologic Studles generated as a consequence shall be revleved by the Clty Geologist copies placed in the project file in the Plannlng Department. Conclusion Thls Mitlgation Monltorlng/Reportlng prograa shall be retalned by the City in the Planning Department project flle for Conditional Use Permit No. 90-32. As Various altlgation aeasures are fully i.pleaented, their coapletion should be docuaented by approprlate notation on the checkllst provided speciflcally for thls pro'ect. When all aeasures have been conf1raed as coapleted on the checkllst, thls Reportlng/Honito~lng Plan is coaplete. I - ~".- ..,. ......_--~_.~.'- o..J I . I : i i I I il !t if '. . . 0 r if,~i,i~ II~ ~~'\Ii I~ !~ , f.!!li!;-' J.!JiJ J '''I a "I~I . :r. - Iii 'It I;)' , E' . ... iiB:: ""f:' 'I. · :!!lilli~'fi. 4.!! J ! 'j fii~Li :II I:j:i' ~ ~ . . .--. o ill .~ : rJ I. . '; J" 'rO R II~~': '0 f' - -~: .:1 ~" J :0 Ii" , Jf rj~ '! ~ ;. ':li ~ - .11i ~ . !i: ::. ,-1- · ~:: ~ in,~ 1 j.: I . '~ " '" J' ! " , I , Ii '. g is J II:: , . ~.; ('" !,- It ft!; S~ I /1.r. .~ -, . . , i}lJ; fl' B 1 !, I" I It I II J' Jii nlfihH : ,l~1I ",l ~ jl~ . III :ii I J '1,1. I' Ill: '. . .., 1111 f fH fIB . - . .. . . .,... . .~__.--o.._ ...... Al;l;dQlIlEIll; . d" CITY OF SAN BERNA DINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 90-1~ ... AGENDA ITEM . LOCATION 9 HEARING DATE l-A-q1 IA' ~'! 17& P\.MoI.I1 PMJI, OF ., t......, .L J;I1 o o . HILL, FARRER & BURRILL ... PARTNERSHIP INCLUDING PROl"ESSlONAL CORPORATIONS LOS ANGEL.ES COUNTY TELEPHONE (2131 620-0460 ORANGE COUNTY ATTORNEYS AT LAW THIRTY-FIFTH FLOOR-UNION BANK ~~E'h ,,_ 445 SOUTH FIGUEROA STREE~C\.JL,_rj!l. r. _.1-:''1 \: A, ,J. HILL 11881-1953) WM. M. FARRER (I894-1971l STANLEY S. BURRILL 0902-1957) ('!...EF/ TELEPHONE (714) 641-6605 LOS ANGELES, CALIFORNIA 90071-1666 TELECOP1ER (213) 624-4840 '92 nm 24 P 3 :43 WRITER'S DIRECT DIAL NUMBER (213) 620-0460 April 21, 1992 Rachel Krasney, City'Clerk City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Re: Extension of Time for Conditional Use Permit 90-32A Dear Ms. Krasney: I am hereby submitting the enclosed letter for the record in connection with the hearing before the City Council yesterday, . '. April 20, 1992, on agenda item number 37 -- extens10n of t1me for conditional use permit 90-32A. The letter to the Council is a verbatim copy of the letter which I sent to all of the councilmembers prior to the hearing, with the exception of Councilman Hernandez. Since Mr. Hernandez referred to and read from the letter at yesterday's hearing, I want the letter itself to be included as part of the record. This is particularly true since the matter will be going back to the Planning commission and, in all likelihood, will return at some time in the future to be heard again by the city Council. Thank you for your assistance in connection with this matter. Very truly yours, . ~ l Y/h<.;UJ DARLENE FISCHER PHILLIPS OF HILL, FARRER & BURRILL DFP:reb Enclosure -J;1 - - o o Hill, FARRER & BURRill A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LOS ANGELES COUNTY ATTORNEYS AT LAW THIRTY-FIFTH FLOOR-UNION SANK SQUARE 445 SOUTH FIGUEROA STREET LOS ANGELES, CALIFORNIA 90071-1666 A. J. HILL (1881-1953) WM. M. FARRER IIS94-1971) STANL.EY S. BURRILL U902-teS?) TELEPHONE (213J 620-0460 ORANGE COUNTY TELEPHONE (714) 641-6605 TELECOPfER {213) 624-4840 WRITER'S DIRECT DIAL NUMBER (213) 620-0460 April 20, 1992 City Council city of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Re: Extension of Time for Conditional Use Permit 90-32A Dear Members of the Council: I represent Mr. & Mrs. Bud Long in connection with their request for an extension of time to exercise their previously approved Conditional Use Permit to establish a vehicle recycling plant. The subject property (9.5 acres) is located on the South side of Walnut Street, 380 feet east of Muscott Street -- an area adjacent to the AT&SF railroad tracks designated Industrial Heavy (IH) on the City'S General Plan Land Use Map. We anticipate that this matter will be calendared for the Common Council's April 20, 1992, agenda. By way of this letter I am urging you to take what may be an unusual -- though not unprecedented -- action. I am asking you to grant this time extension even though it may be opposed by your colleague Ralph Hernandez. You should grant this extension of time because it is unquestionably in the best interests of the City to do so. It is in the best interests of the City for the following reasons: . It will further the city's land use policies. . It will further the City'S economic interests. . It will further principles of equity and fairness. . It will comply with controlling legal precedents. I. THE PROJECT FURTHERS THE CITY'S LAND USE PLANNING GOALS: 1. The Plannina Commission's Inconsistent Decisions On January 8, 1991, the Planning Commission voted unanimouslv (7-0) to approve CUP 90-32A, and expressly made the following uncontroverted findings of fact: .....That the proposed use is consistent with the General Plan in that it is a permitted use in the IH, Industrial Heavy land use district, subject to a conditional use permit; o o City Council April 20, 1992 Page 2 .....That the proposed use complies with all of the applicable provisions of the Development Code; .....That the proposed use will not impair the integrity and character of the land use district in which it is to be located; .....That the use will be compatible with existing and future land uses in the general area in which the proposed use is located; .....That the proposed use is compatible in scale, mass, coverage, density, and intensity with all adjacent land uses; .....That there will not be a harmful effect upon desirable neighborhood characteristics; .....That there will not be significant harmful effects upon environmental quality and natural resources. In spite of the adoption of these explicit, unambiguous findings, the Planning commission on March 3, 1992 voted 3-2 (with 3 members absent) -- without adootina anv findinas whatsoever -- to deny the extension of time. The decision was glaringly inconsistent with the commission's previous decision and unsupported by anv facts whatsoever. The reason for this arbitrary denial is shockingly simple: Ralph Hernandez and his appointee to the Commission, Mr. Ortega, have taken it upon themselves to try to scuttle this project which was unanimously approved just last year. The reason for this opposition can only be surmised. 2. The citv's General Plan Desianation For the Prooertv After engaging in an arduous 2-year General Plan Revision Program (70 meetings by the citizens Advisory Committee, 12 hearings by the Planning Commission, and 15 hearings by the Mayor and Common Council), the city adopted a General Plan which designated the subject property, which had been light industrial for at least 17 years, as IH, Industrial Heavy. There was no communitv oooosition to this designation! The City's General Plan cannot be so cavalierly cast aside. Ad hoc reconsideration of basic planning policy is not only unwise, but it is in direct contravention of the legislative mandate of long-term comorehensive planning. It will not serve the City's best interests to act in clear and patent disregard of the City's General Plan. o o City Council April 20, 1992 Page 3 II. THE PROJECT FURTHERS THE CITY'S ECONOMIC INTERESTS It is anticipated that once the proposed on-site improvements are completed for the proposed vehicle recycling plant, approximately 40 to 60 individuals will be employed on the premises. In addition to providing needed employment opportunities, the business, once it is fully operational, is anticipated to generate retail sales of from $3 to $4 million dollars annually. The assessed value of the real estate and personal property located on the site will also increase dramatically, bringing significant income to the City through general use, sales, and property tax revenues. The project will plainly be a benefit to the city. III. YOUR APPROVAL WILL FURTHER INTERESTS OF FAIRNESS At a time when the public is disillusioned with the political system and the manner in which many political decisions are made, you have an opportunity to show your willingness to act fairly and equitably. The Longs initiated this project in January, 1990, receiving encouragement and support from former Council Member Flores, Mayor Holcomb, and residents in the immediate area. Based on this expression of support, they have expended, to date, in excess of $15,000 in connection with this application. Significantly, there is only one reason why this application for an extension has become necessary. The City Fire Department imposed a requirement for a 1,500 gallon per minute water flow for fire protection to service the project. After advising Mr. Long that his estimated cost for the improvements was $68,345.46, the Water Department revised its estimate to $78,712.46. This extraordinary cost includes 1,150 feet of 12" water main related, in principal part, to bringing water service to all the residents on the west end of Walnut Street. This is a cost which the Longs, alone, can not be legally be required to bear. Mr. Long, in March of 1991, requested assistance from the Community Development Department to help defray the costs of the improvements. After making repeated inquiries from April through October, he could not get the Department to respond to his request. He then contacted the city of Colton and learned that Colton would provide the necessary fire flow service, with only minimal cost to him, provided it received a letter of "non- objection" from the city. All efforts to receive such a letter have, to date, been unsuccessful. Mr. Long has been informed by several city . o o City Council April 20, 1992 Page 4 employees, including two department heads, that they were instructed by Councilman Hernandez not to process his request for assistance and not to provide him with the non-opposition letter. Fairness will not be served by succumbing to this type of pressure. IV. THIS COUNCIL SHOULD UPHOLD THE LAW BY REVERSING THE PLANNING COMMISSION'S ARBITRARY DECISION AND AFFIRMATIVELY SUPPORTING THE LONGS' RIGHT TO OBTAIN WATER FROM THE CITY OF COLTON. The Planning Commission's decision is plainly arbitrary and should be reversed. Beyond that, however, the city should not interfere with the Longs' right to obtain the required fireflow from the city of Colton. Since approximately 1971, all water service to the west end of Walnut Street, including the Longs' Property, has been supplied by the city of Colton pursuant to a Joint Powers Agreement between Colton and the city of San Bernardino adopted by the City June 8, 1971. That Agreement provides that when one of the cities does not provide water service to an area within its jurisdictional limits, the other city shall be entitled to serve the residents of that area. The apparent instruction of Councilman Hernandez, which has inhibited certain city employees from providing a non-opposition letter, is in direct contravention of the Joint Powers Agreement. The refusal has the effect, among other things, of requiring the Longs to pay for an extensive construction project which is not required by their project. This is clearly illegal. Conclusion Based upon considerations of sound land use planning, economics, and fairness, the Longs request that the Council grant this appeal approving the requested extension of time and instruct City staff to provide a statement of non-opposition to permit Colton to provide water to meet the necessary fireflow requirement. Very truly yours, ~J.a" DARLENE FISCHER PHI~ OF HILL, FARRER & BURRILL DFP:reb cc: Mr. & Mrs. Long ~ o ~",':":'~;-9 ~O"" - . ~l'Ji = '. ~\ ~ 0 ! r.t:::i III ! '~~"'VJ" ~ """..... ~,o l/ ",..j'J">D ~l:ts"'~~~ I' ?v 10 d) ,z 0 114. ;' !I). 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