CITY OF SAN BERNARDINO
Maintenance CFD Annexation Application 201 North "E" Street, RERNAKDINO San Bernardino, CA 92401
(909) 384-5366
www.ci.san-bernardino.ca.us
*
SOUNDED IN I
In order to annex to a maintenance Community Facilities District, the following steps and information must be provided.
PLEASE SUBMIT THE FOLLOWING INFORMATION LISTED BELOW:
/ Cover Letter
* Special District Application
IX Development Quantities Form
• Signed Petition / Waiver Form
• Acknowledgement Form
• Approved Tract Map or Parcel Map for Project
Conditions of Approval for the Project
• Legal Description
* Maintenance Exhibit identifying CFD and HOA Maintained Areas • Title Report prepared within three months of the submittal date • Check Payable to the City of San Bernardino
Deposit Amount
A $15,000 flat fee is required at the time of document submittal. If the initial deposit is not sufficient to cover the cost of the annexation, an additional deposit maybe required from the developer/owner. For additional information regarding the deposit requirement amount please contact the Real Property Division, directly at:
Email: [email protected]
Phone: (909) 384-5366
In order to process your application, all documents need to be completed accompanied with a check payable to the City of San Bernardino. Failure to complete these steps will result in a determination of incomplete application and will delay the processing of your application.
If you have questions please contact our Special Tax Consultant, Spicer Consulting Group at (866) 504-2067.
Thank you,
City of San Bernardino
Real Property Division
WattEV
February_ -, 2024
Real Property Division
City of San Bernardino
201 North "E" Street
San Bernardino, CA 92401
RE: Maintenance Community Facilities District Annexation Assessor's Parcel Number (APN) 0141-252-08
To whom it may concern:
We are submitting the attached Application Form and supporting materials in connection with our request to annex territory into a maintenance Community Facilities District. The annexation would provide the following services including but not limited to: maintenance of landscape and lighting of parks, parkways, streets, roads and open spaces, maintenance and operation of storm drainage facilities, graffiti removal and other public or private services permitted in the area surrounding the subject project.
Enclosed with this letter are the following documents required to initiate the annexation process:
• Annexation Application
• Description of the project or development
• Development Quantities Form
• Acknowledgment Form
• Approved Tract Map or Parcel Map for Project
• Conditions of Approval for the Project
• Legal Description
• Maintenance Exhibit identifying CFD and HOA Maintained Areas • Title Report prepared within three months of the submittal date • Check Payable to the City of San Bernardino: Check No. _ in the amount of $15,000 We appreciate your consideration of our application and look forward to proceeding with the proposed Maintenance CFD Annexation with the City of San Bernardino. In the meantime, if you have any questions or need additional information, please do not hesitate to contact me at (909) 496-5960.
Sincerely,
Julie 9. Silbert
Julie Gilbert
Director, Real Estate Planning and Development
WATTEV, INC. | 444 W OCEAN BLVD, SUITE 1250, LONG BEACH, CA | TEL: +1 (949) 916 2751 SAN
g
SPECIAL FUNDING DISTRICT
APPLICATION FORM CFD 2019-1
SOUNDED IN 181D
Proposed Special District: • AD • CFD
Proposed Name of Project: WattEV - Electric Truck Leasing Facility
SPICER CONSULTING GROUP USE ONLY
Date Received: Amount:
Proposed Special District Number:
DEPOSIT REQUIREMENTS
Total depositof $15,000 is required at the time the
application is submitted. The deposit is non-refundable.
1. IDENTIFICATION OF SUBJECT PROPERTY
Description of Property (include N, S, E &/or W, borders, acreage & tract number) A 4.10 acre parcel located at 1388 S. E Street, located on the west side of S E Street, approximately 0.27 mile south of W Orange Show Road, 0.39 mile north of W Fairway Drive; bounded by E Street on the east, I-215 on the west, commercial on the south; San Bernardino Municipal Water Agency on the north.
A. APN(s) and/or Master Parcel Number Include all Assessor Parcel Numbers to be included in the Special Attach Backup (if needed) District in their entirety (XXXX-XXX-XX-XX) 0141-252-08-0000
B. Tract/Tentative Tract Map Number
Enclose copy of map
C. Recorded Lot Line Adjustments
Enclose copy of documents)
D. Mapping Status • Approved • Tentative
E. Environmental Permits Required • Yes • No
F. Status of Permits • Application in Process
G. Conditions of Approval Required • Yes • No
By Whom City DERC - Resolution NO. 2022-044-D/ERC
H. Status of Conditions • In Process • Completed
Special District Application
2. PROPERTY OWNER INFORMATION (Attach Grant Deed)
City of Riverside
B. Contact Name Mike Futrell
C. Title City Manager
D. Mailing Information 3900 Main Street, Riverside, CA 92522 E. Phone (951) 826-5771
F. Fax
G. E-Mail [email protected]
3. CONSULTANT/APPLICANT INFORMATION
A. Company Name WattEV SB1 (tenant)
B. Contact Name Salim Youssefzadeh
C. Title CEO
D. Mailing Information 444 West Ocean Blvd, Suite 1250, Long Beach, CA 90802 E. Phone (310) 918-0801
F. Fax
G. E-Mail [email protected]
4. ENGINEERING INFORMATION
A. Company Name Joseph E. Bonadiman & Associates, Inc
B. Contact Name Ed Bonadiman
C. Title Principal
D. Mailing Information 234 N Arrowhead Ave, San Bernardino, CA 92408 E. Phone (909) 885-3806
F. Fax
-
G. E-Mail [email protected]
5. PROJECT LAND USE (Per Improvement Area or Zone, When Applicable) A. Number of Taxable Units Not Applicable
-
B. Proposed Product Mix See below
C. Base Sale Price Information See below
D. Number of Taxable Acres
Attach Backup 4.1
E. Number of Exempt Acres
Attach Backup Not applicable
F. Desired Tax Rate Burden Not applicable _ %
G. Anticipated Absorption Not applicable per month
-
Special District age corn
6. COMPOSITION OF DEVELOPABLE ACREAGE
Attach Additional Backup (if needed) Commence Occupancy Acreage
(Quarter & Year)
Residential Not applicable
Commercial-Retail 4.1
Business Park Not applicable
School Site Not applicable
PROPOSED RESIDENTIAL PRODUCT MIX
Plan Number 1 2 3 4
Apartment, Attached, or Detached Not applicable
Number of Units Not applicable
Average Lot Size Not applicable I sq. ft.
Prices Not applicable
Square Footage of Living Area Not applicable
Occupancies (See Table Below)
Quarter & Year Plan 1 Plan 2 Plan 3 Plan 4
Not applicable
7. FINANCING STRUCTURES OFFERED TO HOMEBUYERS Not Applicable • FHA • VA • VARIABLE
• OTHER
8. FINANCING MECHANICS
A. Preparation of Boundary Map
Attach if possible Attached
B. Preparation of RMA
Attach if possible Not applicable
C. Proposed JCFAS Not Applicable
Agency Name
Funding Purpose (i.e. fees, facilities)
Name
Contact Name
Mailing Address
Phone
Fax
Email
pecial District Application
Agency Name
Funding Purpose (i.e. fees, facilities)
Name
Contact Name
Mailing Address
Phone
Fax
Email
D. Additional Land Secured Financings Proposed
Agency Name & Backup Not Applicable
E. Overlapping Land Secured Financings List all existing special taxes, assessments, & liens as well as agency name(s)" Not applicable
F. Improvement Areas)/Zone(s) • Yes • No
G. Basis for Either Not applicable
H. Initial Levy Fiscal Year Not applicable
I. Final Levy Fiscal Year (Anticipated) Not applicable
J. Proposed Capitalized Interest Not applicable Months
K. Proposed Facilities Costs Breakout Between Improvement Area(s)/Zone(s) & Type of Facility/Agency Not applicable
L. Summary of Proposed Methodology Proposed Land Use Categories & Method of Apportionment Not applicable
Questions? Contact our Special Tax Consultant, Spicer Consulting Group at 866-504-2067. Thank you.
Attach backup as needed
CITY OF SAN BERNARDINO
MAINTENANCE CFD
QUANTITY WORKSHEET
Applicant Development Name Tract No. Res/Comm
Watt EV 1388 S. "E" Street
444 West Ocean Blvd, Suite 1250
Long Beach, CA 90802 Gross Acres Net Acres Units Total Units (310) 918-0801 4.91 4.09 Net Acres 0.00
Description Measure Unit Cost CFD Total HOA Total Grand Total Street Frontage, Medians SF
Parkways SF
Slopes SF
Landscaping
Open Space - Street Scape SF
Open Space - Fuel Mod (Non-Irrigated) SF
Trees Qty
Subtotal $0.00 $0.00 $0.00
8,000 Lumen, LPSV Qty
22,500 Lumen, LPSV Qty
Lighting
Traffic Signal Qty
Other Types SOLAR LED STREET LIGHT Qty 2
Subtotal $0.00 $0.00 $0.00
Street Sweeping- Interior LF 0
Street Sweeping- Perimeter LF
Sidewalks - (20 year replacement) SF 4,789
Pavement Management SF 28,412
Subtotal $0.00 $0.00 $0.00
Detention/Debris Basin SF
Storm Drains Pipe LF
Curb Inlet Catch Basin EA
Drainage
Bioretention Facility EA
Infiltration Trench EA
Other Types Qty
Subtotal $0.00 $0.00 $0.00
Community Acre
Neighborhood Acre
Subtotal $0.00 $0.00 $0.00
DG SF
Pavement SF
Subtotal $0.00 $0.00 $0.00
Graffiti Abatement Unit
Subtotal $0.00 $0.00 $0.00
Total Direct Costs $0.00 $0.00 $0.00
[Description Total Total
Reserves
Administration
Total Total Indirect Costs $0.00 $0.00 $0.00
Grand Total $0.00 $0.00 $0.00
PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS
TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES
THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE
1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (the "Community Facilities District") of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district.
The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.
3 The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto.
The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting.
5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code.
6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this _ day of -20_ [NAME OF LANDOWNER]
CITY OF RIVERSIDE
By: _
Name:
Title:
OWNER'S PROPERTY:
Approyed as to For: TRACT MAP OR PARCEL MAP NO.
or PROJECT NO. 0141-252-08
v: OWNER'S MAILING ADDRESS:
Ruthann M. Salera
3900 Main Street
Deputy City Attorney
Riverside, CA 92522
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF
SAN BERNARDINO THIS DAY OF
City Clerk of the City Council of the
City of San Bernardino
INSERT EXHIBIT A: BOUNDARY DESCRIPTION
Acknowledgment Regarding Property to be Included into Community Facilities District No.
The developer/property owner of (Tract No. / Assessor's Parcel No.)0141-252-08 hereby acknowledges that:
If the landscaping, drainage, lighting and eligible public improvements within the Community Facilities District No. the maintenance areas of (Assessor's Parcel Nos.) special Car is upon or an endia are corte pit to terence to maintenance areas at its sole expense, and the City will not assume responsibility for the maintenance of such landscaping, drainage, lighting and eligible public improvements until such time as the City is able to collect such special taxes to pay the costs of the maintenance of such landscaping, drainage, lighting, and eligible public improvements.
DATED: OWNER(S):
(Print Name)
(Signature)
(Title)
(Print Name)
(Signature)
(Title)
Approved as to For:
By:
Ruthann M. Salera
Deputy City Attorney
1388 S. "E" STREET MORIA
C.F.D. MAINTENANCE ORANGE SHOW RD.
SITE PLAN EXHIBIT WATERMAN AVE.
W. CENTURY
W CENTURY AVE. SANTA ANA RIVER SANTA ANA RIVER
Vicinity Map
-E STREET
C.F.D. MAINTENANCE AREA:
LANDSCAPING 2.564 SF
0g 108 DG only, no plants or irrigation
PROPOSED STREET LIGHT
STREET 28,412 SF (718 LF)
SIDEWALK 4.789 SF
STREET LIGHT 2 EA.
PROJECT SITE Solar only - two extra heads provided to City Maintenance - PROPERTY LINE
NTS.
SHEET 1
OF 1
OCTOBER 24, 2023
Conditions of Approval
City Resolution NO. 2022-044-D/ERC
RESOLUTION NO. 2022-044-D/ERC
RESOLUTION NO. 2022-044-D/ERC
A RESOLUTION OF THE DEVELOPMENT AND
ENVIRONMENTAL REVIEW COMMITTEE OF THE CITY
OF SAN BERNARDINO CALIFORNIA, APPROVING
DEVELOPMENT PERMIT TYPE-D 22-06 FOR THE
DEVELOPMENT AND ESTABLISHMENT OF AN
ELECTRIC TRUCK LEASING FACILITY CONSISTING OF
A LEASING OFFICE CONTAINING APPROXIMATELY
2,660 SQUARE FEET AND EIGHTY (80) ELECTRIC
VEHICLE CHARGING STALLS ON A PROPERTY
CONTAINING A TOTAL OF APPROXIMATELY 4.10 ACRES,
LOCATED ON THE WEST SIDE OF SOUTH E STREET
(APN: 0141-252-08) AT THE INTERSECTION OF W.
CENTURY AVENUE, WITHIN THE COMMERCIAL
GENERAL-1 (CG-I) ZONE; AND ADOPTING THE
CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUAILITY ACT.
WHEREAS, on March 29, 2022, pursuant to the requirements of Section 19.44.020 Administrative and Development Permits-Applications) of the City of San Bernardin Development Code, an application for Development Permit Type-D 22-06 was duly submitte by:
Property Owner: City of Riverside
3900 Main Street
Riverside, CA 92522
Project Applicant: WATT EV SB1
Attn: Salim Youssefzadeh
444 W. Ocean Boulevard, Suite 1250
Long Beach, CA 90802
APN: 0141-252-08
Lot Area: 4.10 acres
WHEREAS, pursuant to Section 19.06.20 (Commercial Zones List of Permitted, Development Permitted, and Conditionally Permitted Uses) and Section 19.06.030 (Development Standards) of the City of San Bernardino Development Code Development Permit Type-D 22-06 is a request to allow for the development and establishment of an electric truck leasing facility consisting of eighty (80) electric vehicle charging stalls and a leasing office containing approximately 2,660 square feet, along with the construction of the on-site and off- site improvements on a property containing a total of approximately 4.10 acres. The project site is located on the west side of South E Street, at the intersection of W. Century Avenue, within the Commercial General (CG-1) zone, Ward 3, APN: 0141-252-08; RESOLUTION NO. 2022-044-D/ERC
WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has reviewed Development Permit Type-D 22-06 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code;
WHEREAS, pursuant to requirements of Section 15063 of the California Environmental Quality Act (CEQA), the Planning Division of the Community and Economic Development Department evaluated Development Permit Type-D 22-06 and determined that it is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2 (Exceptions); WHEREAS, on September 3, 2022, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals-Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the property owners within 1000 feet of the subject property of the holding of a public hearing at which the Categorical Exemption and Development Permit Type-D 22-06 would be considered; WHEREAS, on September 14, 2022, pursuant to the requirements of Sections 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Development and Environmental Review Committee held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Permit Type-D 22-06, and at which meeting the Development and Environmental Review Committee considered the Categorical Exemption and Development Permit Type-D 22- 06;
WHEREAS, during the said duly noticed hearing, there were no public comments expressed in opposition of Development Permit Type-D 22-06; and WHEREAS, pursuant to the requirements of Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Development and Environmental Review Committee has the authority to take action on the Categorical Exemption and Development Permit Type-D 22-06.
NOW THEREFORE, the Development and Environmental Review Committee of the City of San Bernardino does hereby resolve, determine, find, and order as follows:
SECTION 1. ENVIRONMENTAL DETERMINATION:
As the decision-making body for the project, the Development and Environmental Review Committee has independently reviewed and considered the entire record before it, including the information contained in the Environmental Determination prepared for the project and Development Permit Type-D 22-06. In accordance with Section 15060 of the California Environmental Quality Act (CEQA), The Planning Division of the Community and Economic Development Department conducted an Environmental evaluation in connection with the proposed Development Permit Type-D 22-06 and is found to be Exempt under Section 15061 (b) (2) of CEQA. Pursuant to Section 15332 (In-fill Development Projects) of CEQA. 2 RESOLUTION NO. 2022-044-D/ERC
A Class 32 Categorical Exemption consist of projects characterized as in-fill development meeting the conditions contained within Section 15332. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Development and Environmental Review Committee, the Development and Environmental Review Committee finds as follows:
The administrative record has been completed in compliance with the California Environmental Quality Act, the State CEQA Guidelines, and the City's Local CEQA Guidelines, 2) The proposed project is categorically exempt from the requirements of the Californi nvironmental Quality Act pursuant to Section 15332 (In-till Development Proiects) of th CEQA Guidelines; and
(3) The application of the Categorical Exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2; and
(4) The determination of CEQA exemption reflects the independent judgment of the Development and Environmental Review Committee.
SECTION 2. FINDINGS FOR DEVELOPMENT PERMIT TYPE-D 22-06:
Pursuant to Section 19.44.040 (Findings) of the City of San Bernardino Development Code requires that Development Permit applications meet certain findings prior to their approval by the Development and Environmental Review Committee. Accordingly, the following findings are provided in support of the approval of Development Permit Type-D 22-06:
Finding No. 1: The proposed development is permitted within the subject zoning district and complies with all applicable provisions of the Development Code, including prescribed site development standards and applicable design guidelines.
Finding of Fact: The proposed development and operation of electric truck leasing facility consisting of eighty (80) electric vehicle charging stalls and a leasing office containing approximately 2,660 square feet on a property containing a total of approximately 4.10 acres is a permitted land use within the Commercial General-1 (CG-1) zone, subject to the approval of a Development Permit with the appropriate Conditions of Approval and CEQA determination.
The project will also be consistent with Section 19.06.030 (Development Standards) of the City of San Bernardino Development Code in that the proposed electric truck leasing facility will have adequate parking, screening, and landscaping. The proposed electric truck leasing facility will also be developed and operated subject to all of the applicable provisions of the City of San Bernardino Development Code, including development standards and applicable design guidelines. 3 RESOLUTION NO. 2022-044-D/ERC
The project would improve the appearance of the project site that would otherwise remain vacant and underutilized and would also be compatible with the surrounding commercial developments. Therefore, the proposal would not impair the integrity and character of the subject zoning district.
Finding No. 2: The proposed use is consistent with the General Plan.
Finding of Fact: The proposed project consisting of an electric truck leasing facility consisting of eighty (80) electric vehicle charging stalls and a leasing office containing approximately 2,660 square teet on a property containing a total of approximately 4.10 acres is a permitted land use within the designation set forth by the General Plan Land Use Map.
The project is consistent with Policy 2.4 of the Land Use Element, which requires the City of San Bernardino to "Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development". The proposed project is a revitalization of a vacant underutilized property that would aid in the transportation and distribution sector by providing a permitted, sustainable viable option for alternative fuel for the distribution industry as well as community members within the city that is conditioned, per the Development Code, for operations.
Finding No. 3 The proposed development is harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property.
Finding of Fact: The subject site is located within the Commercial General-1 (CG-1) zone within the Commercial Land Use District of the City of San Bernardino General Plan, and is surrounded by commercial related uses, such as Moss Bros. vehicle sales, The County of San Bernardino Durham Bus maintenance yard, Interstate Battery Distribution Center, and Gerber Collision and Glass. The proposed development of an electric truck leasing facility consisting of eighty (80) electric vehicle charging stalls and a leasing office containing approximately 2,660 square feet on a property containing a total of approximately 4.10 acres would be harmonious and compatible with the land use district and General Plan area, including existing and future land uses surrounding the site.
Finding No. 4 The approval of the Development Permit for the proposed development is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030 (6) of the Development Code. 4 RESOLUTION NO. 2022-044-D/ERC
Finding of Fact: The proposed development and operation of an electric truck leasing acility consisting of eighty (80) electric vehicle charging stalls and easing office containing approximately 2,660 square feet on a propert ontaining a total of approximately 4.10 acres is exempt from CEQ ursuant to Section 15332 (In-fill Development Projects) of the CEO Guidelines.
This is due to the fact that the proposed project meets the required criteria potential impacts and ensure compatibility with surrounding land uses and the site is currently partially developed and is in existing disturbed conditions.
Finding No. 5: There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.
Finding of Fact:
CEQA Guidelines. Based upon the fact that the proposed construction of an electric truck leasing facility consisting of eighty (80) electric vehicle developed on a parcel that is in existing disturbed conditions, abutting parcels developed with similar land uses, assigned appropriate Conditions Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed.
Finding of Fact: The site is physically suitable for the type and density/intensity of the on the site that would limit the establishment of the commercial use as Finding No. 7 There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. There are adequate provisions for publicaces voted nor be derimblic to ties and s, sies, to ensured of 1, safety, or welfare of
5 RESOLUTION NO. 2022-044-D/ERC
Finding of Fact: Establishment of the proposed project subject to a Development Permit Type-D with the applicable Conditions of Approval will not be detrimental to public services or public health and safety.
Finding No. 8 The location, size, design, and operating characteristics of the proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.
Finding of Fact: The proposed development and establishment of an electric truck leasing facility consisting of eighty (80) electrc vehicle charging stalls and a leasing office containing approximately 2,660 square feet on a property containing a total of approximately 4.10 acres conforms to all applicable development standards and land use regulations of the Commercia General-1 (CG-1) zone. The location, size, design, and character of the proposed development will enhance the neighborhood to the benefit of the public interest and general welfare of the city.
SECTION 3. CONDITIONS OF APPROVAL:
The approval of Development Permit Type-D 22-06 shall be subject to the following Conditions of Approval:
1. This is an approval to develop and establish an electric truck leasing facility consisting of eighty (80) electric vehicle charging stalls and a leasing office containing approximately 2,660 square feet on a property containing a total of approximately 4.10 acres.
2. The site shall be maintained in accordance with the plans stamped September 14, 2022 (EXHIBIT "A"), approved by the City, which includes a complete set of plans, on file in the Planning Division; the conditions contained herein; and the City's Municipal Code regulations.
3. Within two (2) years of the Development Permit Type-D 22-06 approval, commencement of construction shall have occurred, or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Development Permit Type-D 22-06 does not authorize commencement of construction.
All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval.
EXPIRATION DATE: September 14, 2024
4. The review authority may, upon application being filed thirty (30) days prior to the expiration date of Development Permit Type-D 22-06 and for good cause, grant a time extension not to exceed twelve (12) months. The review authority shall ensure that the project complies with all current Development Code provisions. 6 RESOLUTION NO. 2022-044-D/ERC
5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards, or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives, and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities.
6. The applicant further agrees to reimburse the City for any costs and attorneys' fees which the City may be required by a court to pay because of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "Attorney's fees" for the purpose of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether at the request of applicant or not.
7. Any expansion of proposed services may be subject to review by the Planning Division.
8. The property owners), facility operator and property management will be responsible for regular maintenance of the site. Vandalism, graffiti, trash, and other debris must be removed within 24 hours of being reported
9. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant must submit an application for approval by the Planning Division. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. No pole signs shall be utilized, any remaining pole signage or its base must be demolished.
10. The applicant/owner shall always maintain all existing landscaping in the parking lot and setbacks in a weed and disease-free condition and any dead or missing vegetation must be promptly replaced.
11. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am.
No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may only occur Monday through Friday.
12. If the color or architecture of the building is proposed to be modified in the future, the revised color scheme and or architecture shall be submitted to the Planning Division prior to any modification of the building exterior, for evaluation for substantial conformance to the approved plans.
13. Submittal requirements for permit applications with the Building and Safety Division shall include all Conditions of Approval issued with this approval, printed on the plan sheets.
7 RESOLUTION NO. 2022-044-D/ERC
14. Outside storage shall be confined to the rear of the principal structure(s) or the rear two- thirds of the site, whichever is the more restrictive, and screened from public view from any adjoining properties and public rights-of-way by appropriate walls, fencing and landscaping. If there are no buildings present than storage would not be an option.
15. Service and associated truck storage areas shall be completely screened from public view.
16. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets and alleys.
17. The premises shall be always kept in a neat and orderly condition.
18. Schedule all grading activities to ensure that repeated grading will not be required, and that implementation of the desired land use (e.g. planting, paving or construction) will occur as soon as possible after grading.
19. It shall be unlawful for the driver, owner or operator of any commercial vehicle having a manufacturer's Gross Vehicle Weight rating (GVWR) exceeding 10,000 pounds to park, of cause to be parked, except for the immediate loading and unloading of goods, any such vehicle upon any public street, or alley, or on any residentially zoned property, within any residential land use district in the City. This prohibition shall not apply to construction sites during the construction process or to recreational vehicles.
20. No fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 36 inches in height above the nearest street curb elevation shall be erected or placed within a Traffic Safety Sight Area. A Traffic Safety Sight Area is a triangular portion of a lot formed by three distances measured along and/or perpendicular to property lines at the intersection of two street rights-of-way or at intersections of driveways, parking entrances, and alleys with a street right-of-way.
21. All conditions of the Public Works Department shall be met to the satisfaction of the City Engineer.
22. The applicant/property owner must sign and have notarized an affidavit acknowledging acceptance of the conditions of approval and return it to the Planning Division within thirty (30) days of the effective date of this approval.
23. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Works Department, and the City Clerk's Office/Business Registration Division.
24. This approval shall comply with the requirements of other outside agencies (i.e. Caltrans, San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equalization), as applicable.
25. No final Certificate of Occupancy will be issued until all conditions of approval have been completed.
8 RESOLUTION NO. 2022-044-D/ERC
26. A minimum twenty-five (25) foot easement is required for the existing 12" and 6" asbestos cement pipes (ACP) crossing parcel 0141-252-08 in the east-west direction of the alignment of Century Avenue.
Land Development Division - Standard Requirements
27. Drainage and Flood Control
a. All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer.
b. It site drainage is to be discharged into the public street, the drainage shall be conveyed into the public street through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted.
c. A Preliminary Full-Categorical Water Quality Management Plan (WQMP) has been approved.
d. A Final Full-Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the County of San Bernardino's Flood Control web page for the template and Technical Guidance Document. The Land Development Division, prior to issuance of any permit, shall approve the WQMP. A CD copy of the approved WQMP and Hydrology Study shall be required prior to grading permit issuance.
e. If applicable a Storm Water Pollution Prevention Plan (SWPPP) will be required.
The applicant is directed to State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD copy of the approved SWPPP shall be submitted to City prior to grading permit issuance. f. A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. g. The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon.
28. Grading and Landscaping
a. The grading and on-site improvement plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", ", unless otherwise approved by the Building Official.
RESOLUTION NO. 2022-044-D/ERC
b. All existing fence and wall shall be shown and detailed on the on-site improvement plan and if gated a Knox box or access by means of gate key, code, or remote shall be provided to the Fire Department.
c. The On-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design, conduit location, material and size, and number and size of conductors in each conduit run. Also, Photometric plot shall be provided which show that the proposed on-site lighting design will provide:
• 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation.
• 0.25 foot-candles security lighting during all other hours d. The site shall be paved with either ACC or PCC (Asphalt or Concrete). e. The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. f. An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. All accessible parking spaces shall be a minimum of 18 feet by 9 feet net. g. The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with an accessible path of travel. The minimum size of the refuse enclosure shall be 8 feet x 15 feet for bins storage area. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3' wide by 6 "high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars.
h. The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking.
i. Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee.
j. Retaining walls, block walls, and all on-site fencing (wrought iron) shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by Land Development. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City 10 RESOLUTION NO. 2022-044-D/ERC
k. Prior to occupancy of any building, the developer shall post a bond to guarantee the maintenance and survival of project landscaping for a period of one year.
1. The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan. m. Adequate lighting shall be provided for the Easterly and Southerly portion of the project site.
29. Street Improvements and Dedications
a. For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows:
Street Name Right-of-Way Curb Line (ft)
E Street Dedication shall be from Curb Widening shall be (0141-252-08) centerline from Centerline
50' existing 72' to 80'+/- Existing
No Dedication None Proposed
for a total ½ width of 50° Per General Plan
"Major Arterial"
b. E Avenue-TI=11.0: * - **
i. The street is in fair condition and no improvements are needed at this time. ii. For transitioning from new curb alignment to existing edge of pavement ›utside project limits the edge shall be a deepened or thickened. Use Caltran Design Manual or A Policy on Geometric Design of Highways and Streets fo taper requirements.
If a Radius type Driveway Approach is proposed in lieu of the standard drive approach, truck turning, and curb radius shall be 35'. An accessible bypass crossing the approach shall be provided to comply with current ADA standard, or Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach, thickness and reinforcement shall be determined by R value and TI. iv. Driveways in the Commercial and Industrial zones shall not place a gate closer than 40 feet from the back of the sidewalk nor impede closer. v. When replacing/re-constructing curb and gutter panels Construct 8" Curb and Gutter per City Standard No. 200, type "B".
11 RESOLUTION NO. 2022-044-D/ERC
vi. When replacing/re-constructing sidewalk panels construct panels per city standard No. 202; Case "A" (6' wide adjacent to curb).
vil. Remove existing driveways that are not being utilized under the project plans and replace with curb, gutter, and sidewalk per city standards. vili. Median Landscaping and Irrigation shall be improved to the City Standards. ix. Appropriate permits from all governing agencies (Caltrans, County) shall be procured when adjacent to or need be from any of the municipalities. x. Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association - Monument Preservation Guidelines.
xi. When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications.
xii. Install LED Street Lights System adjacent to the site in accordance with City Standard No's. SL-1, SL-2, and SL-3. Also, when more than three (3) streetlights a separate light sheet shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Connect to Existing Street Light System.
The existing curb and gutter, sidewalk, and driveway fronting the site are in good condition, if it's found that any of the curb and gutter, sidewalk or driveways are cracked, lifted or not ADA compatible, they will be replaced per City Standard.
xiv. Construct a 2' medium on E Street along the frontage of the project, per city standard 206. Use Hospitality Lane from E Street to Hunts Lane as an example, as directed by the city engineer.
xv. Right turn in and out only (no left turns allowed) except at signals. xvi. No parking shall be allowed on E Street, install signs that depict this verbiage. xvii. Install type II bike lanes per "Manuel Uniform Traffic Control Devices- California
• These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed.
• If a Scoping Form is required, this form shall indicate the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). 12 RESOLUTION NO. 2022-044-D/ERC
c. With Submittal of improvement plans including but not limited to grading plans, Street improvement plans, storm drain and retention/detention basin plans, and erosion/sediment control plans, The Applicant shall cause to be formed, or shall be annexed into an existing, Community Facilities Districts) (CFD) (2019-Maintinance) for landscaping, lighting, streets, drainage facilities, street sweeping, graffiti removal, or other infrastructure as required by the City to the satisfaction of the City Engineer. d. The Applicant shall initiate the maintenance and benefit assessment districts) formation, or annexation, by submitting a landowner petition and consent form (provided by the City) and deposited necessary fees concurrent with the application for street and grading plan review and approval; and said maintenance and benefit assessment districts) shall be established concurrent with the approval of the final map in the case of the subdivision of land, or prior issuance of any certificate of occupancy where there is no subdivision of land, and as approved by the City Engineer.
e. If a drainage report is required by Land Development, A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, and public storm drain shall be on a separate set of plans.
f. City approved trash screens and filtration devices shall be installed in all catch basins or manhole connections.
g. A temporary construction encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City's right-of- way. Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction.
h. Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. i. The applicant must post a performance bond (insurance deposit) prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department.
j. The above conditions shall comply with current codes, policies, and standards at time of construction.
k. Prior to Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works.
30. Required Engineering Plans
a. A complete submittal for plan checking shall consist of (MC19.30.170, City of San Bernardino Public Works - Improvement Policies):
• street improvement plans (include general notes, engineering conditions, city standards, and cross sections in these plans),
13 RESOLUTION NO. 2022-044-D/ERC
if storm drain plans are required then public storm drains must be included on separate sheets with profiles in the street improvement plans, private storm drains shall be shown separate sheets with profiles in the on-site improvement plans,
" if traffic signal modifications are required, then traffic signal plans shall be submitted on separate plan sheets included in the street improvement plans, if signing and striping are required, then the signing and striping plan shall be on separate sheets included in the street improvement plans, • It lighting ıs required (more than 2) then the lighting for ofisite plans shall be on separate sheets included in the street improvement plans, if two (2) or less then they can be included directly on the street improvement sheets, • lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan),
• grading (may be incorporated with on-site improvement plan and the demolition plan),
• on-site improvement plans and on-site landscaping and irrigation, • water plans (shall be submitted to San Bernardino Municipal Water Department),
• CFD's are required, the CFD Plans shall include Landscaping, Irrigation, Basins, etc. items that are included in the CFD that are not listed in the plans above, shall be on separate sheets included in the street improvement plans. • other plans as required. Pecemeal submittal of various types of plans for the same project will not be allowed
• All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations)
b. All off-site improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block (city standard block) satisfactory to the City Engineer or his designee can be found on the City Web Site http://www.sbcity.org/city_hall/public_works/engineering_division/enginecring deve lopment resources Engineering conditions of the project shall be inserted in the last pages of the plans.
c. After completion of plan checking, final mylar drawings with city standard block, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval.
d. Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2021 and include a .dxf file of the project. Files shall be on CD and shall be submitted at the same time the final mylar drawings are submitted for approval.
14 RESOLUTION NO. 2022-044-D/ERC
e. Copies of the City's policies and procedures and standard drawings are available at the public Works Counter for the cost of reproduction. They are also available at no http://www.sbcity.org/city_hall/public_works/engineering_division/design policy an d procedure documents.
31. Traffic Requirements
a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan approval.
b. All Public Works offsite Mitigation Monitoring and Reporting Program items shall be shown with the Conditions of Approval on the last pages of Public Works Offsite c. The applicant submitted a scope of study form and a vehicle Miles Traveled (VMT) assessment. The scope was approved and will not require a traffic impact Analysis study, and the Vehicle Miles Traveled (VMT) screening will not require a detailed screening analysis since the project is Local Serving.
32. Required Engineering Permits
a. On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping.
b. Off-site improvement construction permits for the sidewalks and drive approaches.
33. Applicable Engineering Fees
c. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org
34. Integrated Solid Waste Management
a. During demolition and/or construction, services are to be provided through the City of San Bernardino's franchised hauler Burrtec Waste Industries, Inc. b. Burrtec Waste's review of the Site Plan dated 9/6/2022, to construct an electric truck leasing facility identifies a single trash enclosure located at the southwest corner of the parcel. Overall enclosure dimensions are approximately 11'x17' with rear pedestrian access. Enclosure access is provided by a looped driveway with a minimum width of 27 feet.
c. Construct a City Standard Plan 508 Refuse Enclosure and meet or exceed the minimum 8'-0"x 15'-0" clear interior dimensions required for the container storage area, unless a potential tenant/business is involved in the production, manufacture, distribution, or sale of food products.
d. Display the refuse enclosure's interior dimensions on the Site Plan. 15 RESOLUTION NO. 2022-044-D/ERC
e. It the proposed business is involved in the production, manufacture, distribution, or ale of food products, participation in a food waste recycling program is required pe ssembly Bill 1826. This will require additional space within refuse enclosures fo food waste containers. Therefore, modify (enlarge) City Standard Plan 508 Refuse Enclosure to accommodate the following:
Trash - one 4 cubic yard container
Recycling - one 4 cubic yard container
Food Waste - one 2 cubic yard container
f. Modified refuse enclosures shall be reviewed and approved by the Public Works Department, the Building and Safety Division, and Burtec Waste. Food waste generators with low volume yields may contact the Public Works Department to inquire about the use of 65-gallon barrels.
g. Contact the Building & Safety Division to determine ADA accessibility requirements.
Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area.
h. Refuse enclosures within five (5) feet of combustible construction shall install an automatic fire sprinkler as approved by the Building & Safety Division and the San Bernardino County Fire Department. (See City Standard Plan 508) i. Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its lowest point, with minimal front protrusions that can be damaged during container servicing and must extend over any open side or the rear of the refuse enclosure by at least six (6) inches or as approved by the City.
j. Burrtec Waste Truck Turning Radius - All corners and intersections on streets and driveways leading to refuse enclosures shall have a turning radius adequate for a 35- foot long, three-axle collection truck. The minimum inside curb radius shall be at least 28 feet. The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burrtec Waste's truck turning template may be obtained from the Public Works Department in PDF and CAD.
k. Vertical and Horizontal Clearances - The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet. The minimum vertical clearance in front of the refuse enclosure where the truck will empty the container shall be twenty-six (26) feet. The clear height shall be free of building overhangs, trees, and utility lines. The minimum horizontal clearance along the entire route to an enclosure is 12 feet.
j. Hammerhead Turnarounds - Shall meet or exceed San Bernardino County Fire Protection District Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the Public Works Department.
16 RESOLUTION NO. 2022-044-D/ERC
k. Based upon the information provided, Burrtec Waste will provide standard commercial collection services for trash, mixed recyclables, and if applicable organics/food waste. It is also recommended that consideration be given to future tenant waste and recycling needs.
1. PLEASE NOTE: Any changes to the overall project design, enclosure specifications, location, or access may adversely impact Burrtec Waste's ability to provide service.
Any design modifications that could impact Burtec Waste's service are subject to review and approval by Burrtec Waste.
m. If gated, access shall be provided by means of a key, code, or remote. n. Assembly Bill 341 Mandatory Commercial Recycling may apply. o. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. p. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. q. Upon completion, service is provided through the City of San Bernardino's franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408(909) 804-4222.
Building and Safety Division - Standard Requirements
35. After the Public Hearing appeal period ends, the applicant shall submit construction plans to the Building and Safety division for plan check to obtain required permits.
36. The project shall conform to 2019 California Building Codes as adopted and amended by the City of San Bernardino municipal code title 15.
37. The proposed project/building/structure shall be fully fire sprinklered and comply with all other relevant laws, ordinances and resolutions governing sprinklers as adopted by the City of San Bernardino.
38. A geotechnical investigation prepared by a qualified engineer.
39. Provide all disabled access requirements and complete details on plans prior to plan review submittal and conform to Chapter 11B.
40. There shall be a formal plan submittal prior to all issuance of permits.
41. Refer to Chapter 7 of the California Building Code for Fire/Smoke Protection Requirements.
Fire Department - Standard Requirements
42. The development shall have a minimum of two points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys, and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Other recognized standards may be more restrictive by requiring wider access provisions.
17 RESOLUTION NO. 2022-044-D/ERC
43. In addition to the Fire requirements stated herein, other onsite and offsite improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office.
44. Building Plans shall be submitted to the Fire Department for review.
45. Prior to combustibles being placed on the project site an approved all-weather fire apparatus access surtace and operable fire hydrants with acceptable fire flow shall be installed. The topcoat of asphalt does not have to be installed until final inspection and occupancy.
46. Combustible vegetation shall be removed as follows: a. Where the average slope of the site is less than 15% -Combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less. b. Where the average slope of the site is 15% or greater - Combustible vegetation shall be removed a minimum one hundred (100) feet from all structures or to the property line, whichever is less.
47. Commercial and industrial developments of 100,000 sq. ft or less shall have the street address installed on the building with numbers that are a minimum six (6) inches in height and with a three quarter (3/4) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances.
48. Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department.
49. The required fire fees shall be paid to the San Bernardino County Fire Department/Community Safety Division.
50. Your submittal did not include a flow test report to establish whether the public water supply is capable of meeting your project fire flow demand. You will be required to produce a current flow test report from your water purveyor demonstrating that the fire flow demand is satisfied. This requirement shall be completed prior to combination inspection by Building and Safety.
51. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. The "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan.
52. The applicant shall contact the San Bernardino County Fire Department/Hazardous Materials Division (909) 386-8401 for review and approval of building plans, where the planned use of such buildings will or may use hazardous materials or generate hazardous waste materials.
18 RESOLUTION NO. 2022-044-D/ERC
53. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road.
54. Permission to occupy or use the building (certificate of Occupancy or shell release) will not be granted until the Fire Department inspects, approves, and signs off on the Building and Safety job card for "fire final".
55. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein "Fire Department". Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable status, codes, ordinances, and standards of the Fire Department.
56. The applicant shall install Fire Department approved material identification placards on the outside of all buildings and/or storage tanks that store or plan to store hazardous or flammable materials in all locations deemed appropriate by the Fire Department.
Additional placards shall be required inside the buildings when chemicals are segregated into separate areas. Any business with an N.F.P.A. 704 rating of 2-3-3 or above shall be required to install an approved key box vault on the premises, which shall contain business access keys and a business plan.
57. Where an automatic electric security gate is used, an approved Fire Department override switch (Knox ®) is required
58. Prior to building permits being issued to any new structure, the primary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions, including width, vertical clearance, and turnouts.
59. Prior to building permits being issued to any new structure, the secondary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance, and turnouts.
60. This project is required to have an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street corner to the project. Installation of the temporary sign shall be prior any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed.
61. Prior to any land disturbance, the water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using California Fire Code. The Fire Flow for this project shall be: 1,500 GPM for a 2-hour duration at 20 psi residual operating pressure. Fire Flow is based on a 2,660 sqrft. structure. 19 RESOLUTION NO. 2022-044-D/ERC
62. A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. Fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured along vehicular travel-ways) and no more than three hundred (300) feet from any portion of a structure.
SECTION 4. DEVELOPMENT AND ENVIRONMENTAL REVIEW
COMMITTEE ACTION:
The Development and Environmental Review Committee hereby takes the following action:
1. Adoption of Development and Environmental Review Committee Resolution No.2022- 044 - D/ERC:
a. Finding the Categorical Exemption pursuant to Section 15332: (In-fill Development Projects) for Development Permit Type-D 22-06 in accordance with Section 15061 (b) (2) of the California Environmental Quality Act, and directing the Community and Economic Development Director to prepare and file with the Clerk of the County of San Bernardino a Notice of Exemption (NOE) as provided under Public Resources Code Section 21152 (b) and CEQA Guidelines Section 15062; and b. Approving Development Permit Type-D 22-06 based on the Finding of Fact and subject to the Conditions of Approval.
SECTION 5. SEVERABILITY:
If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. CUSTODIAN OF RECORDS.
The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Development and Environmental Review Committee based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), 909-384- 5002.
PASSED, APPROVED AND ADOPTED this 14" day of September 2022.
FoR
San Bernardino DERC
ATTEST:
tomu
Jessica Nametz, DERC Secretary
City of San Bernardino, California
20 RESOLUTION NO. 2022-044-D/ERC
CERTIFICATION:
1, Jessica Nametz, Recording Secretary of the Development and Environmental Review Committee of the City of San Bernardino, California, do hereby certify that the foregoing Resolution, No. 2022-044 was duly adopted by the Development and Environmental Review Committee of the City of San Bernardino, California, at a regular meeting thereof held on the 14th day of September 2022, by the following vote, to wit:
AYES: Luna, Hadley, Bishara, Sepulveda, Lindberg, Jabsheh NOES: None
ABSENT: Johnson, Castro, and English
ABSTAIN: None
came
Jessica Nametz, Recording Secretary
City of San Bernardino, California
21 RESOLUTION NO. 2022-044-D/ERC
EXHIBIT "A"
Approved Plans
22 WattEV
OPERTY LAR APPROATE 193.21 TRUCK LEASING
FACILITY
PHASE 1-(A) TRUCK RENTAL STALLA • S77
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39.11 TO BE MOVED PILES-
100-15
- PAOPOSIO AC PAVALO TYR.-
207000
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OVERALL SITE PLAN
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SITE PLAN AND
FUTURE ARRANGEMENT
VICINITY MAP
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Date:
FLOOR PLAN E GENERAL NOTES
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NORTH ELEVATION
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RESOLUTION NO. 2022-044-D/ERC
EXHIBIT B"
Environmental Determination
CEQA Exemption
23 SAN BERNA E. V. Watt Facility Project
EDINO. CALTRO
CEQA Exemption
Development Permit Type-D 22-06
September 14, 2022
Lead Agency:
City of San Bernardino
201 North "E" Street
San Bernardino, CA 92418
David Murray Deputy Director/City Planner
(909) 384-7272
E. V Watt Facility Project
City of San Bernardino
E.V. Watt Facility Project
CEQA Review
Introduction
Pursuant to the requirements of the California Environmental Quality Act (CEQA) Guidelines, a Notice of Exemption (NOE) may be filed if the City of San Bernardino, in its capacity as the lead agency, determines that a proposed action or project is exempt from the environmental review requirements of CEQA.
According to the CEQA Guidelines, a NOE must contain the following:
A brief description of the proposed action or project;
A finding that the proposed action or project is exempt, including a citation to the State CEQA Guidelines section or statute under which the project is found to be exempt; and, • A brief statement in support of the finding.
This NOE provides a description of the proposed electric truck leasing facility with vehicle charging (the "Project"), indicates the applicable sections of CEQA that support the findings for a CEQA exemption, and discusses the City of San Bernardino's findings that are applicable to the proposed Project.
Background & Project Description
Project Title
E.V. Watt Facility Project
Lead Agency Name and Address
City of San Bernardino
Community Development Department - Planning Division
201 North "E" Street
San Bernardino, CA 92418
Project Manager and Phone Number
Michael Rosales, Associate Planner
Phone: 909-384-5930
rosales [email protected]
Project Applicant's/Sponsor's Name and Address
WATT E.V SB1/Salim Youssefzadeh
444 W. Ocean Boulevard Suite 1250
Long Beach, CA 90802
E.V Watt Facility Project
City of San Bernardino
Brief Project Description
The proposed Project is located on a 4.10-acre site located on the west side of South E Street, at the intersection of W. Century Avenue, within the Commercial General (CG-1) zone.
N
PROJECT SITE
and Pand
The applicant is requesting the approval of Development Permit Type-D 22-06 to allow the development and establishment of an electric truck leasing facility consisting of a leasing office containing approximately 2,660 square feet and eighty (80) electric vehicle charging stalls, on a property containing a total of approximately 4.10 acres (APN:0141-252-08).
E.V Watt Facility Project
City of San Bernardino
The proposed electric truck leasing facility consisting of a leasing office containing approximately 2,660 square feet and eighty (80) electric vehicle charging stalls is located on a partially developed site containing approximately 4.10 acres within the Commercial General-1 (CG-1) zone. The Commercial General-1 (CG-1) zone is provided for the continued use, enhancement, and new development of retail, personal service, entertainment, office and related commercial uses along major transportation corridors and intersections to service the needs of the residents; reinforcing existing commercial corridors and centers and establishing new locations as residential growth occurs. The development and establishment of an electric truck leasing facility, along with the construction of the required on-site and off-site improvements is a permitted use within the Commercial General-1 (CG-1) zone subject to a Development Permit and the necessary Conditions of Approval. The project will meet all Development Code standards set forth in the City of San Bernardino Development Code including parking (Section 19.24), Landscaping (Section 19.28) at 15% of the total parking area, which will integrate with the surrounding natural landscape in the vicinity, and the project meets all the General Standards found within Section 19.20.030 (1-28) of the City of San Bernardino Development Code.
Environmental Setting
Project Location
West side of South E Street, at the intersection of W. Century Avenue, within the Commercial General (CG-1) zone APNs:0141-252-08.
Project/Surrounding Setting
Table 1 below provides a summary of the surrounding land use characteristics of the subject site and surrounding properties.
TABLE 1: SITE AND SURROUNDING LAND USES
LOCATION LAND USE ZONE GENERAL PLAN
DESIGNATION
Site Partially Commercial General-1 (CG-1) Commercial
Developed
Proposed electric
truck leasing
facility
North Industrial Commercial General-1 (CG-1) Commercial South Industrial Commercial General-1 (CG-1) Commercial East Industrial Commercial General-1 (CG-1) Commercial
West 215 Freeway Caltrans Caltrans
3 E.V Watt Facility Project
City of San Bernardino
Table 2 below provides a site design analysis that illustrates the consistency of the project with the Development Code.
TABLE 2: DEVELOPMENT CODE CONSISTENCY
PROPOSED DEVELOPMENT CODE
Land Use Electric truck leasing facility Commercial
Lot Size 178,596 square feet (4.10 acres) 10,000 Square Feet Required Height Leasing office (1-story) 2-story (30 feet)
Setbacks
10 Feet 10 Feet
Rear 10 Feet (max) 10 Feet
Side 10 Feet (max) 10 Feet along secondary or major
Lot Coverage 11% 50% Maximum
Parking 80 spaces 11
General Plan Designation
Current: Commercial
Proposed: Commercial
Zoning Designation
Current: Commercial General-1 (CG-1)
Proposed: Commercial General-1 (CG-1)
Project Approvals
Development Permit Type-D 22-06/Applicable CEQA Notice of Exemption Class 32 SECTION 15332 Exemption (Infill Development Projects) The Community Development Department - Planning Division of the City of San Bernardino conducted an environmental evaluation in connection with the proposed project and concluded that Development Permit Type-D 22-06 is found exempt under Section 15332 (In-fill Development Projects) of CEQA. Section 15332 covers projects characterized as small developments surrounded by urban uses meeting the conditions contained within Section 15332.
Development Permit Type-D 22-06 has been found to be Categorically Exempt from CEQA pursuant to Section 15332 of the CEQA Guidelines due to the fact that:
4 E.V Watt Facility Project
City of San Bernardino
a) The project is consistent with the applicable general plan designation and all applicable general plan policies, as well as with the applicable zoning designation and regulations and, b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses and,
c) The project site has no value as habitat for endangered, rare, or threatened species and, d) Approval of the project would not result in any significant effects of relating to traffic, noise, air quality, or water quality; and,
e) The site can be served by all required utilities and public services.
Findings Supporting the Applicable CEQA Exemption
The City of San Bernardino determined, following a preliminary evaluation of the E.V. Watt Facility Project, that the proposed Project would not result in any significant effects on the environment. This determination is based on the following, which is substantiated within the "Environmental Assessment in Support of Findings" section below:
a. Section 15332 (a) requires that projects are consistent with the applicable general plan designation and all applicable general plan policies, as well as with the applicable zoning designation and regulations.
The proposed project is consistent with General Plan goals and policies and Development Code standard requirements including the following:
The project is consistent with Policy 2.4 of the Land Use Element, which requires the City of San Bernardino "Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development". The proposed project is a revitalization of a vacant underutilized property that would aid in the transportation and distribution sector by providing a permitted, sustainable viable option for alternative fuel for the distribution industry as well as community members within the city that is conditioned, per the Development Code, for operations. b. Section 15332 (b) requires that the proposed development occurs within the city limits on a project site of no more than five (5) acres substantially surrounded by urban uses.
The Project site contains approximately 4.10 acres, completely surrounded by properties developed with commercial land uses. Therefore, the proposed project satisfies Section 15332 (b) of the California Environmental Quality Act.
c. Section 15332 (c) requires that the project site has no value as habitat for endangered, rare, or threatened species.
E.V Watt Facility Project
City of San Bernardino
The project site is located within an area that is primarily surrounded by existing commercial developments that have undergone a conversion from natural habitats into commercial land uses as the project site is bordered by commercial like land uses to the east and south, and the 215 Freeway to the west. The project site contains a land cover type that would be classified as disturbed as a result of the on-going weed abatement activities and past development, and replaced with successional and non-native plant species which now compose a portion of the project site. The project site is also currently partially paved and in disturbed conditions.
d. Section 15332 (d) requires that the project would not result in any significant effects relating to traffic, noise, air quality or water quality.
Traffic - Given the nature and scope of the proposed project, the City's Traffic Engineer determined that the project would not require a Traffic Impact Analysis.
li. Noise - The City of San Bernardino General Plan Figure N-1, Land Use Compatibility for Community Noise Exposure presents a land use compatibility chart for community noise prepared by the California Office of Noise Control. Figure N-1 identifies acceptable exterior noise levels for Industrial uses at 75 CNEL (Community Noise Equivalent Level). The project is located on S. E Street, which has a speed limit of 35 miles per hour and is identified in the Circulation Element of the general plan as a Major Arterial Street. The site is located within an Commercial zone that is surrounded by like uses, including adjacent to the 215 Freeway which generates approximately the same if not more noise than the proposed project. Therefore, the proposed electric truck leasing facility project will not create excessive levels of noise and future tenants will not be significantly impacted by noise.
Ili. Air Quality - Air quality is significantly impacted by traffic as well as land uses that produce criteria pollutant air emissions. In this case, a CALEEMOD analysis will need to be ran for the proposed project and the following shall be noted:
• Sensitive receptors are considered land uses or other types of population groups that are more sensitive to air pollution exposure. Sensitive population groups include children, the elderly, the acutely and chronically ill, and those with cardio-respiratory diseases. For CEQA purposes, the SCAQMD considers a sensitive receptor to be a location where a sensitive individual could remain for 24-hours or longer, such as residencies, hospitals, and schools (etc.), as described in the Localized Significance Threshold Methodology (SCAQMD 2008a, page 3-2). No sensitive receptors have been identified within 500 meters of the project site. / Any Permits needed from SCAQMD will be obtained prior to construction. • The numbers of peak hour and daily trips for the project are far below the number that would significantly impact traffic and air quality criteria.
E.V Watt Facility Project
City of San Bernardino
iv. Water Quality - The City of San Bernardino Municipal Water Department has reviewed the project and determined that the existing services for water and sewer capacity are sufficient to meet the needs of the proposed commercial land use. The project would not violate water quality standards for water discharge requirements and will follow state National Pollutant Discharge Elimination Systems (NPDES) and county Best Management Practices (BMPs) for construction activities. The project is located in Flood Zone AE which has less than a 1% chance at flooding annually and is not located within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary, Flood Insurance Rate Map, or other flood hazard delineation map. There are no bodies of water within the project vicinity that could result in inundation by a natural disaster. Therefore, the project will not have significant impacts on water quality.
Reviewed and Approved By:
Michael Rosales
Associate Planner
CITY OF SAN BERNARDINO
ACCEPTANCE OF CONDITIONS AFFIDAVIT
/we, the undersigned below, hereby attest to and agree to the following:
I/we, the undersigned applicant/property owner who applied for a permit under Planning Division Action Application Development Permit Type-D 22-06, a request to allow for the development and establishment of an electric truck leasing facility consisting of a leasing office containing approximately 2,660 square feet and eighty (80) electric vehicle charging stalls. along with the construction of the on-site and off-site improvements on a property containing a total of approximately 4.10 acres. The project site is located on the west side of South E Street, at the intersection of W. Century Avenue, within the Commercial General (CG-1) zone, Ward 3, APN: 0141-252-08, hereby acknowledge that l/we received a copy of the decision granting said permit ("Approval Document"), which decision was made at the Development and Environmental Review Committee meeting of September 14, 2022 ("Approval Date").
I/we further attest that I/we have read, understand, accept, and agree to comply with all the terms and conditions of approval related to said permit contained in the Approval Document that I/we received, beginning with executing and returning this Acceptance of Conditions Affidavit to the City of San Bernardino Planning Division within thirty (30) days of the Approval Date.
I/we further acknowledge that if any of the terms and/or conditions of this approval are violated or held to be invalid, or if I/we violate any law, statute, or ordinance applicable to the approved permit, the permit and the privileges granted therein may be subject to revocation.
The statements I/we have made herein are true and correct to the best of my knowledge and l/we make them under penalty of perjury.
Signed this day of October - 2022
APPLICANT PROPERTY OWNER
Name WATTEV SB1, INC. Name - CITY OF RIVERSIDE
(Print Name) (Print Name)
Address 444 W OCEAN BLVD STE 1250 Address 3900 MAIN STREET LONG BEACH, CA 90802 RIVERSIDE, CA 92522
Phone Number (949) 916-2751 Phone Number (951) 826-5556 Email: [email protected] Email: [email protected] signature fin signature Tellu Ca
AcceptanceLof Conditions Affidavit
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthtulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF Los Angeles
On 10/1/2022 before me, _ Benjorin Herrero, Notary Publie personally appeared Salin Youssefzadeh
who proved to me on the basis of satisfactory evidence to be the persons whose name(s) is/afe subscribed to the
within instrument and acknowledged to me that he/she/tifey executed the same in his/her/their authorized capacityies), and that by his/her/their signature on the instrument the person(y, or the entity upon behalf of which the person(s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
BENJAMIN HERRERA WITNESS my hand and official seal.
Notary Public - California
Los Angeles County
Commission # 2279887
My Comm. Expires Mar 7, 2023
Signature of Notary Public
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Acceptance of Conditions Affidavit Page 2 of 2
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of Riverside -
On Detober 20,2022 _, before me, _ Teresa Sophia Maryanski notary public, personally appeared, Todd M. Corbin
who proved to me on the basis of satisfactory evidence to be the personys) whose name(sp Sial sosubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityies), and that byChisther/then signature (st on the instrument the person s), or the entity upon behalf of which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
TERESA SOPHIA MARYANSKI
NA 1 modi Notary Public - Callfornia Ba NNA 11
Riverside County
Commission # 2289386
Notary Sigrature My Come. Expires May 20, 2023 2
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