Agenda packet — Mayor and City Council, October 5, 2022 (part 1 of 4)

Mayor and City Council of the City of San Bernardino Page 1

CITY OF SAN BERNARDINO
AGENDA

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR

AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE

HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, OCTOBER 05, 2022
7:00 PM OPEN SESSION – CLOSED SESSION TO FOLLOW AFTER REGULAR MEETING FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG

Theodore Sanchez John Valdivia

Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Robert D. Field
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa

Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett

Genoveva Rocha
COUNCIL MEMBER, WARD 4 CITY CLERK
Ben Reynoso

COUNCIL MEMBER, WARD 5
Kimberly Calvin

COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK:
https://tinyurl.com/mccpubliccomments
Please contact the City Clerk's Office (909) 3845002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters.

To view PowerPoint presentations, written comments, or any revised documents for this meeting date, select the link https://tinyurl.com/agendabackup100522 From the City's homepage www.sbcity.org select the Government category > City Clerk > on the Navigation menu select Search for Records Online > Council Agendas > Current Year 2022 > Meeting Date

Mayor and City Council of the City of San Bernardino Page 2

CALL TO ORDER

Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Mayor ProTem, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor John Valdivia
City Manager Robert D. Field
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha

7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CITY MANAGER UPDATE

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

PRESENTATIONS

1. Citizen of the Month, C & F Boxing (September 2022) p. 13

2. Citizen of the Month – Harry Hatch (September 2022) p. 15

3. Festival: Where our Cultures Connect! p. 17

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

APPOINTMENTS

4. Charter Review Committee Appointment (Ward 6) p. 32

5. Planning Commission Appointment (Ward 3) p. 42

DISCUSSION

6. Adopt Ordinance No. MC1592 (Alcoholic Beverage Sales Locational Restrictions) (All Wards) p. 51
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC1592 approving Development Code Amendment 2204 amending Section 19.06.030(2)(B) Article II Section III(A)(I) (Alcohol Beverage Sales – Locational Restrictions) and Section 19.06.030(2)(B) Article II Section VI(D) (E) (Alcohol Beverage Sales – Permit Application) of the City of San Bernardino Municipal Code (Title 19) to increase the locational restriction from 500 feet to 1,000 feet for new alcoholic beverage sales activities from sensitive land uses (Attachment 1).

Mayor and City Council of the City of San Bernardino Page 3

7. Ordinance Amending Chapter 9.90 of the San Bernardino Municipal Code p. 64 Recommendation:

Read by title only, waive further reading, and introduce Ordinance No. MC1596 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter

9.90 of the San Bernardino Municipal Code, granting citation authority to security guard personnel for violations of the San Bernardino Municipal Code on City property.

PUBLIC HEARING

8. Appeal 2202 for Development Permit TypeP 2008 (Ward 4) p. 69 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022206 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 2202, thereby upholding the Planning Commission’s finding the project categorically exempt under the California Environmental Quality Act and approval of Development Permit TypeP 2008 allowing the development and establishment of a twentyseven (27) unit multifamily residential complex on a parcel containing approximately 2.38 acres, located on the west side of N. Sterling Avenue (APN: 027237259), between E. Marshall Boulevard and E.

Lynwood Drive within the Residential Medium (RM) zone (Attachment 1).

9. Public Hearing on Proceedings to Form Proposed Community Facilities District No. 20221 (Highland/Medical) p. 241
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1) Adopt Resolution No. 2022216 of the Mayor and City Council of the City of San Bernardino, California, Establishing Community Facilities District No. 20221 (Highland/Medical) of the City of San Bernardino, County of San Bernardino, State of California, and the boundaries thereof and approving a Funding Agreement; 2) Adopt Resolution No. 2022217 of the Mayor and City Council of the City of San Bernardino, California, Determining the Necessity to Incur a Bonded Indebtedness for Community Facilities District No. 20221 (Highland/Medical), Submitting to the Qualified Electors of the Community Facilities District a Proposition to Authorize the Levy of a Special Tax Therein, to Authorize such Community Facilities District to Incur a Bonded Indebtedness Secured by the Levy of a Special Tax Therein to Finance Certain Types of Public Facilities and to Establish an Appropriations Limit for such Community Facilities District and Calling a Special Election for the Community Facilities District on a Proposition for Incurring such Bonded Indebtedness; 3) Adopt Resolution No. 2022218 of the Mayor and City Council of the City of San Bernardino, California Calling a Special Election and Submitting to the Voters of Community Facilities District No. 20221 (Highland/Medical) of the City of San Bernardino Propositions Regardi ng the Annual Levy of Special Taxes within the Community Facilities District to Pay Principal of and Interest on Bonds Thereof and to Pay the Costs of Public Facilities and Establishing an Appropriations Limit Therefore; 4) Adopt Resolution No. 2022219 of the Mayor and City Council of the City of San Bernardino, California Declaring the Results of the Consolidated Special Elections within Community Facilities District No. 20221 (Highland/Medical); and 5) Introduce, read by title only and waive further reading of Ordinance No. MC1599 of the Mayor and City Council of the City of San Bernardino, California, Acting as the Legislative Body of Community Facilities District No. 20221 (Highland/Medical), Authorizing the Levy of Special Taxes in such Community Facilities District.

Mayor and City Council of the City of San Bernardino Page 4

10. Public Hearing on Proceedings to Form Proposed Community Facilities District No. 20222 (Palm) p.377
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1) Adopt Resolution No. 2022212 of the Mayor and City Council of the City of San Bernardino, California, Establishing Community Facilities District No. 20222 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, and the boundaries thereof and approving a Funding Agreement;
2) Adopt Resolution No. 2022213 of the Mayor and City Council of the City of San Bernardino, California, Determining the Necessity to Incur a Bonded Indebtedness for Community Facilities District No. 20222 (Palm), Submitting to the Qualified Electors of the Community Facilities District a Proposition to Authorize the Levy of a Special Tax Therein, to Authorize such Community Facilities District to Incur a Bonded Indebtedness Secured by the Levy of a Special Tax Therein to Finance Certain Types of Public Facilities and to Establish an Appropriations Limit for such Community Facilities District and Calling a Special Election for the Community Facilities District on a Proposition for Incurring such Bonded Indebtedness; 3) Adopt Resolution No. 2022214 of the Mayor and City Council of the City of San Bernardino, California Calling a Special Election and Submitting to the Voters of Community Facilities District No. 20222 (Palm) of the City of San Bernardino Propositions Regarding the Annual Levy of Special Taxes within the Community Facilities District to Pay Principal of and Interest on Bonds Thereof and to Pay the Costs of Public Facilities and Establishing an Appropriations Limit Therefore; 4) Adopt Resolution No. 2022215 of the Mayor and City Counc il of the City of San Bernardino, California Declaring the Results of the Consolidated Special Elections within Community Facilities District No. 20222 (Palm); and 5) Introduce, read by title only and waive further reading of Ordinance No. MC1598 of the Mayor and City Council of the City of San Bernardino, California, Acting as the Legislative Body of Community Facilities District No. 20222 (Palm), Authorizing the Levy of Special Taxes in such Community Facilities District.

11. Ordinance Adjusting the Salary and Benefits for the Position of City Council Member p. 513
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Review and consider the information provided for adjusting the salary and benefits for the position of City Council Member, provide direction for modification, adopt the recommendation from the Elected Official Compensation Committee as presented, or receive and file; and

2. If decided by the Mayor and City Council: intr oduce, read by title only, and waive further reading of Ordinance No. MC1595 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.020 of the San Bernardino Municipal Code to adjust the salary and benefits of the City Council Members as recommended by the Elected Official Compensation Advisory Commission.

Mayor and City Council of the City of San Bernardino Page 5

12. Public Hearing on Annexation No. 24 to Community Facilities District 20191 (Ward 6) p. 524
Recommendation:

The Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2022207 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 24); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2022208 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 24); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1597 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 20222023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC1597 for October 19, 2022.

CONSENT CALENDAR

13. Purchase Authorization and Multiple Year Contract with HLP, Inc. for Animal Shelter Software Services p. 580
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute a Professional Services Agreement with HLP Inc., for animal shelter software services from July 1, 2022 through June 30, 2025; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order to HLP Inc., in an amount not to exceed $150,000 over the threeyear period of the contract.

14. 2023 National League of Cities Congressional City Conference Travel Approval (All Wards) p. 615
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, preapprove travel to the 2023 National League of Cities Congressional City Conference for the Mayor and City Council.

15. Technical Corrections to Previously Adopted Items: 1) Resolution No. 2022 203 authorizing the City Manager to receive and administer California Board of State & community corrections grant award of $3.8 million, authorizing the City Manager to execute a fourth amendment to an agreement with HOPE Culture, and authorizing the Agency D irector of Administrative Services to amend the FY 2022/2023 adopted budget revenue and expenditures by
$3,800,000.00 (All Wards) p. 634

Mayor and City Council of the City of San Bernardino Page 6

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California reaffirm their previous action of:

Adopting Resolution No. 2022203 authorizing the City Manager to receive and administer California Board of State & community cor rections grant award of $3.8 million, authorizing the City Manager to execute a fourth amendment to an agreement with HOPE Culture, and authorizing the Agency Director of Administrative Services to amend the FY 2022/2023 adopted budget revenue and expenditures by
$3,800,000.00.

16. Imposing Liens On Certain Real Property to Recover Costs for Code Enforcement Abatements p. 640
Recommendation:

Adopt Resolution No. 2022209 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino for cost recovery of public nuisance abatements.

17. Settlement and Release Agreement with Montecito Equities, Ltd. p. 647 Recommendation:

Authorize the City Manager, or his designee, to execute the Settlement and Release Agreement with Montecito Equities, Ltd.

18. Approval of Commercial and Payroll Disbursements (All Wards) p. 659 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for September 2022.

19. Investment Portfolio Report for July 2022 (All Wards) p. 717 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for July 2022.

20. Execute Annual Professional Service Agreements with Solutions Simplified, NPA Computers, ATEL Communications and a twoyear agreement with NeoGov (All Wards) p. 729
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, execute Annual Professional Services Agreements for software and hardware usage fees between the City of San Bernardino and Solutions Simplified for DocuSign Software Services, NAP Computers, ATEL Communications, and the two year renewal service agreement with Governmentjobs.com, Inc., DBA NeoGov for approximately $217,000.

21. Ratify and Approve the Enterprise Agreement with Earth Science Research Institute, Inc. p. 797
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify and approve the Enterprise Agreement with Earth Science Research Institute, Inc. (ESRI) to reflect the correct threeyear commitment terms for the total amount not to exceed $430,299.

Mayor and City Council of the City of San Bernardino Page 7

22. Side Letter Agreement Between the City of San Bernardino and the San Bernardino Police Officers Association p. 809
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022211 approving a Side Letter Agreement to the Memorandum of Understanding between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), amending Article III, Section 3 – Overtime.

23. Amendment No.1 to Agreement with Ingram Library Services, LLC. p. 817 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Library Director to execute Amendment No. 1 to the agreement between San Bernardino Public Library (SBPL) and Ingram Library Services, LLC, for the purchase of library books and authorize the Agency Director of Administrative Services to approve an annual purchase order for an amount not to exceed $85,000.

24. Adoption of Ordinance No. MC1594, CFD 20191 – Annexation No. 22 (Ward 7) p. 837 Recommendation:

Adopt Ordinance No. MC1594 of Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 20222023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services).

25. Amendment No. 2 to Consultant Services Agreement with Paragon Partners Consultants, Inc. for H Street Widening Project p. 847
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute all documents in support of Amendment No. 2 to the Consultant Services Agreement with Paragon Partners Consultants, Inc. to extend the contract term from June 30, 2022, to December 31, 2023, for the H Street Widening between 40th Street and Kendall Drive Project.

26. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 27, Tax Zone No. 28 (SB Drake LLC) (Ward 3) p. 881
Recommendation:

Adopt Resolution No. 2022210, of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 27) and authorizing the levy of special taxes therein.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

27. Mechanisms for Revenue Generation from ForProfit Events in the City (All Wards) – Council Member Sanchez p. 919

Mayor and City Council of the City of San Bernardino Page 8

CLOSED SESSION PUBLIC COMMENT

CLOSED SESSION p. 920
A) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager

Employee Organization: San Bernardino Police Management Association

B) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PUR SUANT TO GOVERNMENT CODE SECTION 54956.8

Property: Carousel Mall Property, 43 acres

Agency Negotiator: Robert D. Field, City Manager, or designee

Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group); Lincoln Group

Under Negotiation: Price and Terms

CLOSED SESSION REPORT

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, October 19, 2022, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

CERTIFICATION OF POSTING AGENDA

I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the October 05, 2022 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the Cit y's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, September 30, 2022.

I declare under the penalty of perjury that the foregoing is true and correct.

Mayor and City Council of the City of San Bernardino Page 9

NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized.

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matte r jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.

The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shal l be taken, nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

Mayor and City Council of the City of San Bernardino Page 10

PUBLIC COMMENT OPTIONS

Please use ONE of the following options to provide a public comment:

1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe.

2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments

3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom)

a) You can use a mobile phone or a landline to dial into a Zoom meeting.

i) Dial (669) 9006833. When prompted, enter the Meeting ID: 6778459453 Passcode:2021

The public may begin joining the meeting on Zoom or by callingin to be added to the speaker queue at 5:15 PM for Closed Session.

Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time:

ii) Dial *9 from your phone to raise your hand via Zoom

If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.

b) Join the Meeting by clicking on the Zoom link below:

https://sbcityorg.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhvaXQxZz09 Mayor and City Council of the City of San Bernardino Page 11

Meeting ID: 677 845 9453
Passcode:2021

You can also Go to Zoom.us and click "Join a Meeting" at the top.

Enter the Meeting ID: 6778459453
Passcode:2021

Public Hearings:

If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed.

Printed on 09/30/2022

Mayor and City Council of the City of San Bernardino Page 12

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8 2
8 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Sandra Ibarra, Council Member, 2nd Ward
Department: Council Office
Subject: Citizen of the Month, C & F Boxing (September 2022)

Packet Pg. 13

City of San Bernardino

FROM THE

MAYOR AND CITY COUNCIL HONORING

CC && FF BOXINGBOXING
SEPTEMBERSEPTEMBER 20222022

CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD
CConcerned
IInvestor
TTime/Talent
IInvolved
ZZealous
EEnthusiastic
NNeighborly
In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 5th day of October 2022

Packet Pg. 14

8 2
9 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Sandra Ibarra, 2nd Ward Council Member
Department: Council Office
Subject: Citizen of the Month – Harry Hatch (September 2022)

Packet Pg. 15

City of San Bernardino

FROM THE

MAYOR AND CITY COUNCIL HONORING

HARRYHARRY HATCHHATCH
SEPTEMBERSEPTEMBER 20222022

Packet Pg. 16

6 8
0 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Lydie Gutfeld, Director of Parks, Recreation, and Community Services
Department: Parks & Recreation
Subject: Festival: Where our Cultures Connect!

Packet Pg. 17

FESTIVAL: WHERE OUR CULTURES

CONNECT
Lydie Gutfeld
10/5/2022

Packet Pg. 18

FESTIVAL:

WHERE OUR

CULTURES

CONNECT
Ø Festival Overview
Ø Committee
Ø Department Interaction
Ø End Goal

Packet Pg. 19

FESTIVAL: WHERE

OUR CULTURES

CONNECT
Ø Festival Overview
ØSaturday, October
8th
Ø10am - 6pm
ØSeccombe Lake
Park

Packet Pg. 20

FESTIVAL:

WHERE OUR

CULTURES

CONNECT
Ø Eight villages that unite our
City through culture, food, art,
music, and fun:

Ø Kids
Ø Community Partners
Ø Cultural Exhibits and
Demonstrations
Ø Merchants Global
Marketplace
Ø Animals
Ø Artists
Ø Food
Ø Car Show Alley

Packet Pg. 21

Ø Three stages
Ø Car show
Ø Roving
entertainment
Ø Carnival ferris
wheel
Ø Beer garden
Special
Features

Packet Pg. 22

ENTERTAINMENT
• Three Stages
• Pacific Islander- HAKA
• Ballet Folklorico
• Mariachis
• Pace Setters
• African Dance and
Drum
• KPoP Dancers

CONCERTS
• Family Style Top 40s
band
• Bruno and the
Hooligans
• Jayy Roxx
• Stone Soul

ROVING ARTISTS
• Stilt walkers
• Magician
• Aerialist
• Balloon artists
• Musicians

Packet Pg. 23

FESTIVAL: WHERE

OUR CULTURES

CONNECT
ØTransit and
Parking
ØCity Hall
parking
ØShuttle drop-
off/Pick-up
ØCounty parking
areas

Packet Pg. 24

Ø A Community United
ØSistas Making a Difference
ØRev. Bronica Martindale
ØC.H.O.R.D.S
ØMusic Changing Lives
ØSB Food Fest/For the
Change
ØSan Bernardino County
ØUplift/Making Hope Happen
ØGarcia Center for the Arts
ØArts and Historical
Preservation Commissioners
ØKnock It Off & Forgive
ØDowntown SB Art Walk
ØSuavecitos Car Club

Packet Pg. 25

Ø For the Change and SB Food
Fest
Ø September 10th and October
1st
Ø Over 50 volunteers
Ø Partnership with Public
Works and Parks and
Recreation
Ø Public Works Maintenance
Efforts
Ø Walking bridge painted
Ø Arches painted
Ø Lake clean up with water
refill
Ø Gravel inserts in dusty areas
Ø Decomposed granite in
walking paths
Ø Graffiti clean ups

Packet Pg. 26

FESTIVAL:

WHERE OUR

CULTURES

CONNECT
Ø Departments Uniting
ØParks, Recreation and
Community Services
ØInformation Technology
ØAnimal Care
ØPolice Department
ØLibrary
ØCity Manager’s Office
ØCommunity Economic
Development
ØPublic Works

Packet Pg. 27

FESTIVAL:

WHERE OUR

CULTURES

CONNECT
Ø Event Goals
Ø To connect the many
cultures of San Bernardino
Ø Create community through
village setting
Ø Introduce work and
volunteer opportunities
Ø Reintroduce Seccombe
Lake Park
Ø Engage sponsors and
donors
Ø Provide performer stipends
Ø Develop a community
partner coalition
Ø Marketing beyond City
lines through Committee
members

Packet Pg. 28

Ø Parks & Recreation
Special Event Budget
$40,000
Ø Cultural Development
Impact Fund
$100,000
Ø Sponsorships
$10,000
Funding

Packet Pg. 29

Ø OMNI Trans- 200 bus
inserts, bus stops, shuttle
service
VALUE- $15,000
Ø T-Mobile- providing Wi-Fi
throughout the event,
charging stations and
event swag.

VALUE- $5,000
Ø Que Buena Radio- free
marketing, interview
session and radio play.

VALUE- $3,000
Sponsorships
Ø Petco- costumes for
contest and animal
village giveaways.

VALUE- $2,500
Ø Water Dept. –
mention on water bills
VALUE- $500
Ø Inland Empire Health
Plan- $3,000

Packet Pg. 30

Discussion

Packet Pg. 31

7 0
0 APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Kimberly Calvin, Council Member, 6th Ward
Department: Council Office
Subject: Charter Review Committee Appointment (Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Rakayla D. Simpson to the Charter Review Committee representing Ward 6. Ms. Simpson will replace Vicki Lee with the term ending December 2024. Council staff has verified that appointee is a registered voter within the City.

Background
The Charter Review Committee was established by Resolution No. 2017-243 on December 20, 2017 and is tasked with completing a periodic review of the City Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government.

The committee comprises nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor.
2021-2025 Key Strategic Targets and Goals
The proposed committee appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to City.

Conclusion

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0 It is recommended that the Mayor and City Council of the City of San Bernardino, approve the appointment of Ms. Rakayla D. Simpson to the Charter Review Committee representing Ward 6 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 Committee Application – Ms. Rakayla D. Simpson Attachment 2 Resolution 2017-243
Ward
Sixth Ward
Synopsis of Previous Council Actions:

December 20, 2017 Resolution No. 2017-243 establishing the Charter Review Committee was adopted.

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4 APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Juan Figueroa, Council Member, 3rd Ward - Mayor Pro Tempore
Department: Council Office
Subject: Planning Commission Appointment (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Ivan Garcia to the Planning Commission representing Ward 3. Mr. Garcia will replace Elizabeth Sanchez with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City.

Background
The Planning Commission was established under Municipal Code Chapter 2.22, Ordinance No. MC-1473, and is tasked with advising the Mayor, City Council and City staff on the physical development of the city, including zoning, building, land use and related matters.

The commission is composed of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact as a result of this action.

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4 Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, approve the appointment of Mr. Ivan Garcia to the Planning Commission representing Ward 3 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 – Commission application – Mr. Ivan Garcia Attachment 2 – Ordinance No. MC-1473
Ward:

Third Ward
Synopsis of Previous Council Actions:

March 7, 2018 Ordinance No. MC-1473 amending Chapter 2.22 of the San Bernardino Municipal Code Related to the Planning Commission was established.

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7 DISCUSSION
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Nathan Freeman, Agency Director of Community, Housing, and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Adopt Ordinance No. MC-1592 (Alcoholic Beverage Sales Locational Restrictions) (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1592 approving Development Code Amendment 22-04 amending Section 19.06.030(2)(B) Article II Section III(A)-(I) (Alcohol Beverage Sales – Locational Restrictions) and Section 19.06.030(2)(B) Article II Section VI(D)- (E) (Alcohol Beverage Sales – Permit Application) of the City of San Bernardino Municipal Code (Title 19) to increase the locational restriction from 500 feet to 1,000 feet for new alcoholic beverage sales activities from sensitive land uses (Attachment 1).

Background
An application for a convenience store with an Alcoholic Beverage Control (ABC) off- sale license requires the approval of a Conditional Use Permit by the Planning Commission. Additionally, the California Department of Alcoholic Beverage Control (ABC) has established license concentration standards allowing for a maximum of ABC off-sale licenses within the census tracts. If a new ABC off-sale license will cause the subject census tract to become over concentrated with ABC off-sale licenses, the Conditional Use Permit also requires a Public Convenience or Necessity Letter application for consideration by the Planning Commission.

The Police Department reviews all Conditional Use Permits for ABC off-sale license

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7 applications and conducts investigations based upon the information provided to report alcohol related and other crimes that have been reported during the previous calendar year within half-mile of the subject reporting district. The Police Department also provides appropriate recommended Conditions of Approval to ensure that the sale of alcohol will not be detrimental to the surrounding area.

With the continued increase in the number of convenience store applications, there has also been an increase in the number of requests for ABC Type-20 (Off-Sale: Beer and Wine) and ABC Type-21 (Off-Sale: General – Beer, Wine and Distilled Spirits) Licenses. There has also been an increase in the number of census tracts with over concentrations. The overconcentration of ABC off-sale licenses creates the potential for impairing the integrity and character of the commercial corridors and may be detrimental to sensitive land uses within the vicinity, such as schools, parks and places of worship.

On April 12, 2022, the Planning Commission unanimously adopted Resolution No. 2022-020, forwarding a recommendation to the Mayor and City Council recommending approval of Development Code Amendment 22-04.

Under proposed Development Code Amendment 22-04, Section 19.06.030(2)(B) Article II Section III(A) (Alcohol Beverage Sales – Locational Restrictions) of the City of San Bernardino Development Code will be amended to read as follows:
“(A) Unless otherwise exempted under subsections B – H, a new alcoholic beverage sales activity is not permitted within 1,000 feet of any of the following locations:

1. A public or private state licensed or accredited school.

2. A public park, playground, recreational area, or youth facility, including a nursery school, preschool, or day-care facility.

3. A place of worship or religious institution.

4. A hospital.

5. An alcohol or other drug abuse recovery or treatment facility.

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7 exempt from these locational restrictions. An incidental bar or lounge shall be allowed for the convenience of dining patrons. (Establishments which are primarily a bar or lounge or have a bar or lounge area as a principal or independent activity are not included in this exemption.) (D) All other establishments for on-site consumption of alcohol may be exempted from the locational restrictions, subject to evaluation of site-specific conditions through the Conditional Use Permit review process and considering recommendations from the Police Department.
(E) Specialty retail establishments that offer unique product lines or variety of selection warranting a finding of public convenience or necessity are exempt from the locational restrictions.
(F) An automobile service station convenience store that meets the location criteria of Section 19.06.030(2)(T) may be exempted from these locational restrictions, subject to evaluation of site-specific conditions through the Conditional Use Permit review process and considering recommendations from the Police Department.
(G) A fraternal organization or veterans club may be exempted from the locational restrictions, subject to evaluation of site-specific conditions through the Conditional Use Permit review process and considering recommendations from the Police Department.
(H) Temporary uses issued a Temporary License by the California Department of Alcoholic Beverage Control and established in compliance with all City laws and regulations are exempt from the locational restrictions. (I) The following location conditions will be considered in the review of Conditional Use Permit applications, and may be grounds for denial based on potential adverse effects to the public interest, health, safety or convenience:

1. A location within a crime reporting district, or within 1,000 feet of a crime reporting district, where the general crime rate exceeds the city-wide general crime rate by more than 20 percent.

2. A location where the new alcoholic beverage sales activity would be within 1,000 feet from an existing alcoholic beverage sales activity or would lead to the grouping of more than four alcoholic beverage sales activities within a 1,000-foot radius from the new alcoholic beverage sales activity.” Under proposed Development Code Amendment 22-04, Section 19.06.030(2)(B) Article II Section VI(D)-(E) (Alcohol Beverage Sales – Permit Application) of the City of San Bernardino Development Code will also be amended to read, as follows:
“(D) The name, address, and telephone number, if available, of all existing schools,

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7 parks, playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities or county social service offices within 1,000 feet of the proposed alcoholic beverage sales activity establishment.
(E) The name, address, and telephone number, if available, of all alcoholic beverage sale activities within 1,000 feet of the proposed alcoholic beverage sales activity establishment and within a 1,000-foot radius from the proposed alcoholic beverage sales activity establishment.”
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future Accessory Dwelling Units, as follows:

Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods. •Land Use Element Policy 2.1.1: Actively enforce development standards, design guidelines, and policies to preserve and enhance the character of San Bernardino’s neighborhoods.
•Land Use Element Policy 2.2.8: Control the location and number of community- sensitive uses, such as alcohol sales, adult bookstores and businesses, game arcades, and similar uses based on proximity to residences, schools, religious facilities, and parks.
•Land Use Element Policy 2.2.9: Require Police Department review of uses that may be characterized by high levels of noise, nighttime patronage, and/or rates of crime; providing for the conditioning or control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar “sensitive” uses.

The adoption and implementation of Development Code Amendment 22-04 is consistent with the City’s General Plan by regulating the location of alcoholic beverage sales activities in order to prevent potential negative impacts to the existing sensitive land uses and the community at-large and by minimizing the over concentration alcoholic beverage sales activities. The Police Department will continue to review applications for new alcoholic beverage sales to investigate crimes within half-mile of the respective reporting district.

California Environmental Quality Act
The Planning Division conducted an environmental evaluation in connection with proposed Development Code Amendment 22-04 and concluded that it is exempt from CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines due to the fact that the proposed Development Code Amendment will not create significant effects on the environment as it increases the locational restriction from 500 feet to 1,000 feet for a new alcoholic beverage sales activity from sensitive land uses.

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7 Discussion
On August 3, 2022, the Mayor and City Council conducted a public hearing and introduced Ordinance No. MC-1592 amending Section 19.06.030(2)(B) Article II Section III(A)-(I) (Alcohol Beverage Sales – Locational Restrictions) and Section

19.06.030(2)(B) Article II Section VI(D)-(E) (Alcohol Beverage Sales – Permit Application) of the City of San Bernardino Municipal Code (Title 19) to increase the locational restriction from 500 feet to 1,000 feet for new alcoholic beverage sales activities from sensitive land uses.

On September 21, 2022, the Mayor and City Council considered the proposed adoption of Ordinance No. MC-1592 as part of the Consent Calendar. Councilmember Sanchez requested to pull the item from the Consent Calendar for discussion and subsequently moved to approve, with Councilmember Shorett seconding, the proposed Development Code Amendment with modifications to the language related to exemptions from the sensitive receptor distance requirements to allow small neighborhood markets, such as “bodegitas,” to sell alcohol. A substitute motion was made by Councilmember Reynoso and seconded by Councilmember Calvin to approve staff’s recommendation. Both motions failed to pass with votes of 3 ayes and 3 nays and Mayor Valdivia abstaining from a tie breaking vote. Subsequently, Councilmember Alexander moved, and Councilmember Reynoso seconded, a request to postpone the item to the October 5, 2022, Mayor and City Council Hearing.

If adopted per staff’s recommendation, Ordinance No. MC-1592 will become effective on November 5, 2022. If substantive changes are recommended, the item will need to return to City Council for consideration as a Public Hearing item at a later date. 2021-2025 Strategic Targets and Goals
Development Code Amendment 22-04 aligns with Key Target No. 4- Economic Growth & Development, under 4b: Update the General Plan and Development Code.

Specifically, the amendment to the Development Code for location regulations of Alcoholic beverage sales activities proposed under Development Code Amendment 22-04 will preserve the integrity of the commercial corridors, residential neighborhoods and sensitive land uses within the City.

Fiscal Impact
There will be no fiscal impact to the City’s General Fund with this action.

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7 Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1592 approving Development Code Amendment 22-04 amending Section 19.06.030(2)(B) Article II Section III(A)-(I) (Alcohol Beverage Sales – Locational Restrictions) and Section 19.06.030(2)(B) Article II Section VI(D)-(E) (Alcohol Beverage Sales – Permit Application) of the City of San Bernardino Municipal Code (Title 19) to increase the locational restriction from 500 feet to 1,000 feet for new alcoholic beverage sales activities from sensitive land uses (Attachment 1).

Attachments
Attachment 1 Ordinance No. MC-1592 (Development Code Amendment 22-04) - Alcoholic Beverage Sales Locational Restriction
Ward:

All Wards
Synopsis of Previous Council Actions:

August 3, 2022 - Mayor and City Council introduced Ordinance No. MC-1592 to approve Development Code Amendment 22-04.

September 21, 2022 - Mayor and City Council postponed the consideration of the adoption of Ordinance No. MC-1592 to approve Development Code Amendment 22-04.

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ORDINANCE NO. MC-1592
1 ORDINANCE NO. MC-1592

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 22-04
AMENDING SECTION 19.06.030(2)(B) ARTICLE II
SECTION III(A)-(I) (ALCOHOL BEVERAGE SALES –

LOCATIONAL RESTRICTIONS) AND SECTION

19.06.030(2)(B) ARTICLE II SECTION VI(D)-(E) (ALCOHOL
BEVERAGE SALES – PERMIT APPLICATION) OF THE

CITY OF SAN BERNARDINO MUNICIPAL CODE (TITLE
19) TO INCREASE THE LOCATIONAL RESTRICTION
FROM 500 FEET TO 1,000 FEET FOR NEW ALCOHOLIC

BEVERAGE SALES ACTIVITIES FROM SENSITIVE LAND
USES; AND FINDING THE ORDINANCE IS EXEMPT

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.

WHEREAS, the last comprehensive update to the City's Development Code (Title 19) was adopted in May 1991; and
WHEREAS, an application for a new convenience store with an Alcoholic Beverage Control (ABC) off-sale license requires the approval of a Conditional Use Permit by the Planning Commission. Additionally, the California Department of Alcoholic Beverage Control (ABC) has established license concentration standards allowing for a maximum of ABC off-sale licenses within the census tracts. If a new ABC off-sale license will cause the subject census tract to become over concentrated with ABC off-sale licenses, the Conditional Use Permit also requires a Public Convenience or Necessity Letter application for consideration by the Planning Commission; and WHEREAS, with the continued increase in the number of convenience store applications there has also been an increase in the number of requested ABC Type-20 (Off-Sale: Beer and Wine) and ABC Type-21 (Off-Sale: General – Beer, Wine and Distilled Spirits) Licenses. There has also been an increase in the number of census tracts with over concentrations. The over concentration of ABC off-sale licenses creates the potential for impairing the integrity and character of the commercial corridors and may be detrimental to sensitive land uses within the vicinity, such as schools, parks and places of worship; and WHEREAS, Development Code Amendment 22-04 is a City-initiated amendment to Section 19.06.030(2)(B) Article II Section III(A) (Alcohol Beverage Sales – Locational Restrictions) and Section 19.06.030(2)(B) Article II Section VI(D)-(E) (Alcohol Beverage Sales – Permit Application) of the City of San Bernardino Municipal Code (Title 19) to increase the locational restriction from 500 feet to 1,000 feet for new alcoholic beverage sales activities from sensitive land uses; and
WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has prepared Development Code Amendment 22-04 consistent with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and

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ORDINANCE NO. MC-1592
2 WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community and Economic Development Department evaluated Development Code Amendment 22-04 and determined that it is not a project within the meaning of State CEQA Guidelines Section 15378, and alternatively is exempt from CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines; and WHEREAS, on April 12, 2022, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2022-030 forwarding a recommendation of approval of Development Code Amendment 22-04 to the Mayor and City Council; and
WHEREAS, notice of the August 3, 2022 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on July 23, 2022 in accordance with Development Code Chapter 19.52; and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Ordinance No. MC-1592.

NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2.Compliance with the California Environmental Quality Act. As the decision-making body for the project, the Mayor and City Council has reviewed and considered the information contained in the administrative record for Development Code Amendment 22-04.

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council hereby finds, as follows:
(1) The administrative record has been completed in compliance with the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) Development Code Amendment 22-04 is not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Development Code Amendment 22-04 does not authorize any specific development within the City’s boundaries. Development Code Amendment 22-04 is exempt from CEQA because the adoption of the Development Code Amendment is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment (State CEQA Guidelines, Section 15061(b)(3)). The Development Code Amendment to increase of the locational restriction from 500 feet to 1,000 feet for a new alcoholic beverage sales activity from sensitive land uses is exempt from the requirements of CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines due to the fact that the Development Code Amendment will not create significant

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ORDINANCE NO. MC-1592
3 effects on the environment as it consists of updates to the alcoholic beverage sales requirements; and
(3) The determination of CEQA exemption reflects the independent judgment of the Mayor and City Council.

SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 22-04:

Section 19.42.050 (Findings) of the City of San Bernardino Development Code requires that Development Code Amendments meet certain findings prior to approval by the Mayor and City Council. Accordingly, the following findings are provided in support of the approval of Development Code Amendment 22-04:

Finding No. 1:The proposed amendment is consistent with the General Plan.

Finding of Fact:Development Code Amendment 22-04 is consistent with the General Plan, as follows:
✓Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods.
✓Land Use Element Policy 2.1.1: Actively enforce
development standards, design guidelines, and policies to preserve and enhance the character of San Bernardino’s
neighborhoods.
✓Land Use Element Policy 2.2.8: Control the location and number of community-sensitive uses, such as alcohol sales, adult bookstores and businesses, game arcades, and similar uses based on proximity to residences, schools, religious facilities, and parks.
✓Land Use Element Policy 2.2.9: Require Police Department review of uses that may be characterized by high levels of noise, nighttime patronage, and/or rates of crime; providing for the conditioning or control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar “sensitive” uses.

The Police Department will continue to review applications for new

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ORDINANCE NO. MC-1592
4 alcoholic beverage sales to investigate crimes within a half-mile of the respective reporting district.

Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact:The adoption and implementation of Development Code Amendment 22- 04 is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, convenience, and general welfare. Location regulations of alcoholic beverage sales activities proposed under Development Code Amendment 22-04 will preserve the integrity of the commercial corridors, residential neighborhoods and sensitive land uses within the City.

SECTION 4.Section 19.06.030(2)(B) Article II Section III(A)-(I) (Alcohol Beverage Sales – Locational Restrictions) of the City of San Bernardino Municipal Code (Title 19) is hereby amended, in its entirety, to read as follows:
“
(A)Unless otherwise exempted under subsections B – H, a new alcoholic beverage sales activity is not permitted within 1,000 feet of any of the following locations:

1. A public or private state licensed or accredited school.

2. A public park, playground, recreational area, or youth facility, including a nursery school, preschool, or day-care facility.

3. A place of worship or religious institution.

4. A hospital.

5. An alcohol or other drug abuse recovery or treatment facility.

6. A county social service office.
(B) Establishments containing 10,000 square feet or more, including but not limited to supermarkets and drugstores, which do not sell alcoholic beverages as the principal business are exempt from the locational restrictions. (C) Sit down restaurants whose predominant function is the service of food and where the on-site sale of alcoholic beverages is incidental or secondary are exempt from these locational restrictions. An incidental bar or lounge shall be allowed for the convenience of dining patrons. (Establishments which are primarily a bar or lounge or have a bar or lounge area as a principal or independent activity are not included in this exemption.) (D)All other establishments for on-site consumption of alcohol may be exempted from the locational restrictions, subject to evaluation of site-specific conditions

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ORDINANCE NO. MC-1592
5 through the Conditional Use Permit review process and considering recommendations from the Police Department.
(E) Specialty retail establishments that offer unique product lines or variety of selection warranting a finding of public convenience or necessity are exempt from the locational restrictions.
(F) An automobile service station convenience store that meets the location criteria of Section 19.06.030(2)(T) may be exempted from these locational restrictions, subject to evaluation of site-specific conditions through the Conditional Use Permit review process and considering recommendations from the Police Department.
(G)A fraternal organization or veterans club may be exempted from the locational restrictions, subject to evaluation of site-specific conditions through the Conditional Use Permit review process and considering recommendations from the Police Department.
(H)Temporary uses issued a Temporary License by the California Department of Alcoholic Beverage Control and established in compliance with all City laws and regulations are exempt from the locational restrictions. (I) The following location conditions will be considered in the review of Conditional Use Permit applications, and may be grounds for denial based on potential adverse effects to the public interest, health, safety or convenience:

1. A location within a crime reporting district, or within 1,000 feet of a crime reporting district, where the general crime rate exceeds the city-wide general crime rate by more than 20 percent.

2. A location where the new alcoholic beverage sales activity would be within 1,000 feet from an existing alcoholic beverage sales activity, or would lead to the grouping of more than four alcoholic beverage sales activities within a 1,000 foot radius from the new alcoholic beverage sales activity.”
SECTION 5.Section 19.06.030(2)(B) Article II Section VI(D)-(E) (Alcohol Beverage Sales – Permit Application) of the City of San Bernardino Municipal Code (Title 19) is hereby amended, in its entirety, to read as follows:
“
(D)The name, address, and telephone number, if available, of all existing schools, parks, playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities or county social service offices within 1,000 feet of the proposed alcoholic beverage sales activity establishment.

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ORDINANCE NO. MC-1592
6 (E) The name, address, and telephone number, if available, of all alcoholic beverage sale activities within 1,000 feet of the proposed alcoholic beverage sales activity establishment and within a 1000 foot radius from the proposed alcoholic beverage sales activity establishment.”
SECTION 6.Notice of Exemption: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.

SECTION 7.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 8.Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 9.Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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ORDINANCE NO. MC-1592
7 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1592, introduced by the City Council of the City of San Bernardino, California at a regular meeting held on the 3 rd day of August, 2022, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held on the ___ day of _________, 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022.

Genoveva Rocha, CMC, City Clerk

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9 DISCUSSION
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Ordinance Amending Chapter 9.90 of the San Bernardino Municipal Code
Recommendation
Read by title only, waive further reading, and introduce Ordinance No. MC-1596 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter

9.90 of the San Bernardino Municipal Code, granting citation authority to security guard personnel for violations of the San Bernardino Municipal Code on City property.

Background
Currently, only certain security guard personnel, limited to off duty, retired, or reserve police officers employed by either the Economic Development Agency of the City or by the Inland Valley Development Agency, have the authority under the San Bernardino Municipal Code to arrest and issue notices to appear for violations of the San Bernardino Municipal Code on specified City property, including the Carousel Mall and the Norton Air Force Base, pursuant to paragraphs 1 and 10 of Section 9.90.010 f the San Bernardino Municipal Code.

Discussion
The Public Works Department seeks to grant citation authority to private security guard personnel retained by the City to provide security services under contract with the City for violations of the San Bernardino Municipal Code on any property owned or leased

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9 by the City. Extending citation authority to such personnel on all City property is intended to alleviate an undue burden on City departments who currently issue citations and notices to appear for violations of the San Bernardino Municipal Code, including, but not limited to, the Code Enforcement Department and the Police Department.

A draft Ordinance is included in the backup documents of this staff report, which adds a new paragraph to Section 9.90.010 of the San Bernardino Municipal Code to grant security guard personnel the ability to issue citations and notices to appear for violations of this Code occurring on any property owned or leased by the City. 2021-2025 Key Strategic Targets and Goals
The proposed action aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community. The proposed action would maximize existing resources by granting security guard personnel the authority to enforce provisions of the San Bernardino Municipal Code on all City property.

Fiscal Impact
There is no fiscal impact related to this proposed action.

Conclusion
Read by title only, waive further reading, and introduce Ordinance No. MC-1596 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter

9.90 of the San Bernardino Municipal Code, granting citation authority to security guard personnel for violations of the San Bernardino Municipal Code on City property.

Attachments
Attachment Proposed Ordinance No. MC-1596
Ward
All Wards
Synopsis of Previous Council Actions
None

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ORDINANCE NO. MC-1596

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING CHAPTER 9.90 OF THE SAN BERNARDINO

MUNICIPAL CODE, GRANTING CITATION AUTHORITY

TO SECURITY GUARD PERSONNEL FOR VIOLATIONS

OF THE SAN BERNARDINO MUNICIPAL CODE ON CITY

PROPERTY
WHEREAS, the City San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and
WHEREAS, the City desires to give citation authority to security guard personnel retained by the City for violations of the San Bernardino Municipal Code on City property; WHEREAS, the City is not changing any regulations or penalties associated with violations of the San Bernardino Municipal Code; and
WHEREAS, the granting of citation authority to security guard personnel retained by the City could maximize resources and reduce the burdens of other City departments who currently issue citations and notices to appear for violations of the San Bernardino Municipal Code, including, but not limited to, the Code Enforcement Department and the Police Department.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are hereby incorporated herein by this reference.

SECTION 2. A new paragraph (19) shall be added to subsection (A) of Section 9.90.010 of Chapter 9.90 of the San Bernardino Municipal Code to state as follows:
“19. Security guard personnel, including private security officers retained by the City to provide security services under contract with the City, are authorized and empowered to issue citations and notices to appear for violations of this Code occurring on any property owned or leased by the City.”
SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional,

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6 such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 5. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

SECTION 6. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this XXth day of , 2022.
__________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney

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6 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1596, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the XX day of , 2022. Ordinance No. MC-1596 was approve passed and adopted at a regular meeting held the XX day of , 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.
______________________________
Genoveva Rocha, CMC, City Clerk

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7 PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Nathan Freeman, Agency Director of Community, Housing, and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Appeal 22-02 for Development Permit Type-P 20-08 (Ward 4)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-206 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 22-02, thereby upholding the Planning Commission’s finding the project categorically exempt under the California Environmental Quality Act and approval of Development Permit Type-P 20-08 allowing the development and establishment of a twenty-seven (27) unit multi-family residential complex on a parcel containing approximately 2.38 acres, located on the west side of N. Sterling Avenue (APN: 0272-372-59), between E. Marshall Boulevard and E.

Lynwood Drive within the Residential Medium (RM) zone (Attachment 1).

Background
On July 12, 2022, Staff presented a recommendation of approval to the Planning Commission for adoption of Resolution No. 2022-038 of the Planning Commission of the City of San Bernardino, California, approving Development Permit Type-P 20-08 allowing the development and establishment of a twenty-seven (27) unit multi-family residential complex on a parcel containing approximately 2.38 acres located on the west side of N. Sterling Avenue (APN: 0272-372-59), between E. Marshall Boulevard and E. Lynwood Drive within the Residential Medium (RM) zone. The recommendation of Staff was based on the fact that the design of the multi-family residential development met the requirements of the City of San Bernardino Development Code as established in the findings of fact and subject to the recommended Conditions of Approval (Attachment 3).

During the public hearing, the Planning Commission received a presentation from Staff

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7 and listened to public testimony including that of Neil Derry (the Appellant). After public testimony and deliberation, the Planning Commission voted to approve the project based on the findings of fact and subject to the recommended Conditions of Approval.

The motion to approve was made Commissioner Sanchez and seconded by Commissioner Lopez. The motion carried by the following vote:

Ayes: Guerrero, Lopez, Sanchez, and Lewis
Nays: Armstead, Quiel, and Flores
Abstain: None

Absent: Morales
Discussion
Appeal
On July 27, 2022, an application for appeal (Appeal 22-02) was filed by Neil Derry to appeal the Planning Commission’s approval of Development Permit Type-P 20-08 (Attachment 4), pursuant to Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code. The specific grounds for the appeal, as provided, are as follows:

1. The proposed 27-unit multi-family residential development project is inconsistent with the existing surrounding multi-family “ALL privately-owned” residential developments located to the west, south, and east of the proposed project site.

Staff Clarification: The proposal considered by the Planning Commission was for the development of a 27-unit multi-family residential development located within the Residential Medium (RM) Zone. The recommendation for approval of the project was based on the fact that the design of the multi-family residential development met the requirements of the Development Code as established in the Findings of Fact and subject to the recommended Conditions of Approval.

The proposed land use is considered as permitted “by-right” within the Residential Medium (RM) zone. Accordingly, the proposed project is subject only to a Development Permit for entitlement review of the location, design, configuration, and impact of the proposed multi-family residential development along with the associated site improvements to the Development Code Standards and Design Guidelines. During the public hearing, the Planning Commission received a public testimony and letters from The Board of Directors of the Pine Ridge Villas H.O.A., Lynda Holden resident of Pine Ridge Villas, and Neiland K. Derry (the Appellant) in which substantially the same, or similar, comments were made expressing this ground for appeal. Neither the City’s Municipal Code nor the City’s Standard Conditions of Approval require a development project to be for ownership only.

2. The proposed 27-unit multi-family residential development is not compatible with the original “Pine Ridge Villas” condominium development and violates the Owner’s Certificate of Parcel Map No. 6209, the reservation of reciprocal

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7 easements of use between Parcel 1 (Pine Ridge Villas condominium development) and Parcel 2 (Proposed 27-unit multi-family residential development) “including enjoyment, access, ingress and egress, and drainage” as the proposed project walls off and bifurcates Parcel 2 from Parcel 1, including current shared uses of Parcel 2 for ingress, egress, parking, and waste disposal and recycling (enjoyment of access).

Staff Clarification: The original Declaration of Covenants, Conditions, and Restrictions Establishing a Plan of Condominium Ownership for Pine Ridge Villas Homeowners Association, (Document No. 80-222066) recorded in Official Records on October 1, 1980 (not attached) includes language in Section 17 (Annexation of Additional Property) that states “the real property described in Exhibit “B” or any portion thereof may be annexed to this Declaration upon written election of the declarant (or by the successors in title to such real property) made at any time and from time to time within three (3) years following the original issuance of a final subdivision public report by the California Commissioner of Real Estate for the first phase of the development.”
The property referenced as Exhibit “B” in the Declaration of Covenants, Conditions, and Restrictions is described as Parcel 2 of Parcel Map 6209 in the City of San Bernardino, County of San Bernardino, State of California, as per Map Recorded in Book 58, Page 9, of Maps, in the Office of the County Recorder of said County.

The property referred to as Parcel 2 in the Declaration of Covenants, Conditions, and Restrictions is the Subject Property considered under Development Permit Type-P 20-08. This property has not been annexed to the aforementioned Declaration and therefore is not a part of the Pine Ridge Villas, nor subject to the Pine Ridge Villas Declaration of Covenants, Conditions, and Restrictions. As part of the proposed project the applicant has honored the reciprocal access under Parcel Map 6209 for the shared private drive aisle by reserving a 13-foot-wide reciprocal access along the west and south sides of the subject property for the benefit of the residents of the Pine Ridge Villas (Parcel 1). Additionally, the proposed project is consistent with the policies of the City’s General Plan and complies with the Development Standards of the City of San Bernardino Development Code for the Residential Medium (RM) zone.

3. The proposed project design has not demonstrated how the multi-family development will not isolate existing access, displace planned and existing parking, eliminate three (3) solid waste receptacles and access to two (2) fire hydrants for the Pine Ridge Villas condominium development.

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7 Staff Clarification:
a) Isolation of existing access. The project site has been designed to provide direct ingress/egress access from a single forty-five (45’) foot wide driveway located along N. Sterling Avenue. The internal site circulation has been designed to adequately accommodate on-site vehicular, emergency and trash/refuse service vehicle circulation, and access to the required off-street parking areas (garages and guest parking areas). A secondary twenty-six (26’) foot wide driveway for emergency vehicle access only is proposed along the south property line. As stated previously, the applicant has honored the reciprocal access under Parcel Map 6209 for the shared private drive aisle by reserving a 13-foot-wide access as reciprocal access at the west and south sides of the subject property (Parcel 2) for the benefit of the residents of the Pine Ridge Villas (Parcel 1). The additional 13-foot access will become a paved area to provide the residents of the adjacent Pine Ridge Villas the benefit of a fully improved 26-foot-wide access to Sterling Avenue.
b) Displacement of planned and existing parking for the existing condominium development. Areas along the western and southern property lines of the unimproved project site are currently being used by the residents of the adjacent Pine Ridge Villas for vehicle parking. Although this activity is currently trespassing on the project site, the applicant is honoring the reciprocal access for the shared private drive aisle under Parcel Map 6209 by reserving and improving a 13-foot-wide expansion of the drive aisles for reciprocal access at the west and south sides of the subject property. This proposed widening benefits the residents of the Pine Ridge Villas and provides limited secondary emergency access to the proposed development.
c) Elimination of existing waste receptacles. As with the current trespassing parking on the project site, the residents of the adjacent Pine Ridge Villas also currently use areas along the western and southern property lines of the unimproved project site for waste receptacle storage and service provided by Burrtec. The applicant’s representative for the proposed multi-family residential development contacted Burrtec on August 9, 2022, to inquire whether the proposed project would interfere with the Pine Ridge Villas’ trash services.

Burrtec indicated that the proposed project would not interfere with the Pine Ridge Villas trash services. Furthermore, City Staff also contacted Burrtec to inquire if the existing waste receptacles that are currently located on the proposed project site can be relocated and if adequate trash services can still be provided to the Pine Ridge Villas condominium development. Burrtec indicated that they met with a representative of the Pine Ridge Villas condominium development and suggested alternative locations to store the existing waste receptacles and/or construct a new refuse enclosure so that adequate trash services can continue to be provided for the Pine Ridge Villas condominium development.

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7 d) Elimination of access to existing Fire Hydrants. The San Bernardino County Fire Department has reviewed the proposed project and recommended approval with conditions which are incorporated into the adopted Resolution No. 2022-038 of the Planning Commission. As part of the proposed project, the applicant will be relocating the two (2) existing fire hydrants that are currently located within the subject property to be located outside of the proposed perimeter walls in order to continue providing the Pine Ridge Villas condominium development full access to the existing two (2) fire hydrants. Additionally, the proposed project will provide two (2) new additional fire hydrants within the project site for fire prevention and suppression (Attachment 5).

Applicant Response:

On September 13, 2022, the applicant for Development Permit Type-P 20-08 submitted a letter, dated September 12, 2022, in response to the appellants letter (Attachment 6).

Project Description
Pursuant to the requirements of Chapter 19.44 (Administrative and Development Permits) and Section 19.04.020 (Permitted, Development Permitted and Conditionally Permitted Uses) of the City of San Bernardino Development Code, the applicant is requesting the approval of Development Permit Type-P 20-08 to allow the development and establishment of a twenty-seven (27) unit multi-family residential complex on a parcel containing approximately 2.38 acres located on the west side of N. Sterling Avenue (APN: 0272-372-59), between E. Marshall Boulevard and E.

Lynwood Drive within the Residential Medium (RM) zone.

Public Hearing Notification
Notification of the public hearings for the project was completed as follows, in accordance with Section 19.52.020 (Hearing and Appeals – Application Processing) of the City of San Bernardino Development Code:

June 30, 2022:Notices were mailed to the owners and tenants of properties located within 1,000 feet of the subject property, providing the nature of the request, location of the subject property, the date, time, and place of the Planning Commission meeting of July 12, 2022, for Development Permit Type-P 20-08.

July 2, 2022:Legal advertisement was published in the San Bernardino Sun Newspaper.

September 22, 2022: Notices were mailed to the owners and tenants of properties located within 1,000 feet of the subject property, providing the nature of the request, location of the subject property, the date, time, and place of the Mayor and City Council meeting of October 5, 2022 for Appeal 22-02 for Development Permit Type-P 20-08.

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7 September 24, 2022:Legal advertisement was published in the San Bernardino Sun Newspaper.

Setting and Site Characteristics
The project site is located on the west side of N. Sterling Avenue, between E. Marshall Boulevard and E. Lynwood Drive within the Residential Medium (RM).

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 Vacant Residential Medium
(RM)
Multiple-Family
Residential
North Office/Vacant Commercial General
(CG-1)
Commercial
South Multiple-Family
Residential
Residential Medium
(RM)
Multiple-Family
Residential
East Sterling Park Residential Medium
(RM)
Multiple-Family
Residential
West Multiple-Family
Residential
Residential Medium
(RM)
Multiple-Family
Residential
Analysis
The proposed twenty-seven (27) unit two-story multiple-family residential development is considered as a “Multi-Family Dwellings” residential land use pursuant to Table

04.01 (Permitted, Development Permitted, and Conditionally Permitted Uses) of the City of San Bernardino Development Code. Under the “Multi-Family” residential classification the land use is considered permitted “by-right” within the Residential Medium (RM) zone. Accordingly, the project is subject only to a Development Permit for entitlement review for the development of the proposed multi-family residential complex and associated site improvements. Pursuant to Section 19.44.030 (Applicability and Project Review) of the San Bernardino Development Code, residential projects of 12 or more units that directly abut existing residential uses within a residential zone are permitted uses, subject to the approval of a Development Permit Type-P by the Planning Commission. The proposed Residential Medium (RM) zone allows for a density of twelve (12) residential dwellings per acre. The subject property containing approximately 2.38 acres would allow up to 28 residential dwellings. Thus, the proposed twenty-seven (27) unit two-story multiple-family residential development meets the maximum allowed density for the property.

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7 Based off a review of the proposal it is the recommendation of Staff that the project is consistent with the policies of the City’s General Plan and complies with the Development Standards of the City of San Bernardino Development Code for the Residential Medium (RM) zone.

Architecture
The proposed twenty-seven (27) unit two-story multiple-family residential unit development consists of five (5) detached two-story buildings on an undeveloped/underutilized rectangular vacant parcel. The proposed multiple-family residential development has integrated a variety of materials with a distinctive contemporary Craftsman architectural design to maintain compatibility with the surrounding developments. The buildings incorporate a combination hip roof with a cross gable design comprised of roof tiles in an earth tone color. The under eaves of the gable roofs will feature a combination of Hardie backer panels with a mounded sand finish and trim to emulate a timber frame truss design, vertical and horizontal plank lap siding, and shingle siding with a staggered edge panel design throughout the various building elevations. The proposed building walls exterior design uses a combination of off-white stucco in a sand finish and horizontal lap board siding in a light brown color and stone veneer along the base of the building elevations to further break up the facades. The integrated two (2) car garages will feature sectional metal panel roll-up doors with square windows on the upper panel to allow natural lighting into the interior garage space areas. The private balconies will feature decorative wrought-iron railing and decorative exposed beams underneath the balconies that are stucco treated and painted in a dark brown color.

Floor Plan
The proposed twenty-seven (27) units within this multiple-family residential development are two stories with a single floor plan type that consists of three (3) bedrooms and 2½ bathrooms having a total floor living area of approximately 1,119 square feet with attached two (2) car garages approximately 441 square feet. Each unit will feature a front main entry porch, a private outdoor yard area, and two balconies on the second-floor level. Additionally, the proposed multiple-family residential development will feature a single- story common recreation building that will house an indoor recreational floor area, vestibule, leasing office, restrooms, and a mechanical/electric room.

Access/Site Design/Traffic
The project site has direct ingress/egress access from a single forty-five (45’) foot wide driveway located along N. Sterling Avenue. The internal site circulation has been designed to adequately accommodate on-site vehicular, emergency and trash/refuse service vehicle circulation, and access to the required off-street parking areas (garages and guest parking areas). A secondary twenty-six (26’) foot wide driveway for emergency vehicle access only is proposed along the south property line. Designated “paths of travel” have also been provided to ensure pedestrian safety.

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7 The City’s Traffic Engineering Division has reviewed the traffic scoping approval form prepared for the proposed project and determined, based on the number of trips generated by the project, there will be no significant impacts on the surrounding roadways or intersections since the project will generate less than 50 trips am/pm peak.

Off-Street Parking
Pursuant to Section 19.24.040 (Parking Standards – Number of Parking Spaces Required), based on the number of bedrooms provided for the twenty-seven (27) residential units, the proposed multiple-family residential development will require a total of sixty-eight (68) covered off-street standard parking spaces, and six (6) guest parking spaces. Each of the twenty-seven (27) residential units, as designed, will include an attached two (2) car garage for a total of fifty-four (54) standard off-street parking spaces, fourteen (14) covered carport spaces, six (6) guest parking spaces, and one (1) handicapped parking space, thereby exceeding the off-street parking requirement for the proposed multiple-family residential development.

Landscaping/Outdoor Living Space
The proposed project will provide all new landscaping along the project site frontage, within the parking lot areas, common outdoor open spaces and required setback areas.

The landscaping has been designed for this new community to provide the tenants with two separate enjoyable common outdoor open space areas that will feature a ½ basketball court, barbecue areas, concrete picnic tables and seating areas, and tot-lot playground areas. The proposed project provides approximately 21,256 square feet of common outdoor open space areas throughout the development, with additional private outdoor open space for each residential unit that range in size from approximately 299 square feet up to 431 square feet. The total common and private open space area is approximately 30,857 square feet. Additionally, as conditioned, a new six (6’) foot high decorative split-face block wall with a stone cap will be provided along the entire west, north and south property lines behind the twenty-five (25’) foot required front setback area to shield the proposed project from the adjacent multiple- family residential uses. Furthermore, the proposed landscaping areas, as conditioned, will provide trees in a mixture of 15-gallon, 24-inch box, mature specimen trees in a 36-inch box size up to 48- inch box size, and the plants that will be 5-gallon minimum size.

General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following:
•General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element.

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7 •General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development.
•General Plan Land Use Element Policy 2.5.4: Require that all new structures achieve a high level of architectural design and provide a careful attention to detail.
•General Plan Community Design Element Goal 5.7: Develop attractive and safe commercial, office, and industrial projects that are creatively designed and intelligently sited.

The proposed Development Permit Type-P 20-08 project implements the above General Plan goals and policies in that the proposed development includes a twenty- seven (27) unit two-story multiple-family residential development that has been designed with quality architectural treatments and a varied roof lines that provide additional architectural interest. The proposed development of the site will be done in a manner that will enhance the physical and visual qualities of the subject property with significant landscaping, thereby enhancing the aesthetics of the surrounding neighborhood. Additionally, through this proposal the existing property will be transformed from an underutilized property into a development that meets the City’s housing needs, land use and community design goals, while satisfying the Development Code requirements, and will be adequately regulated through the Conditions of Approval in order to minimize potential impacts.

California Environmental Quality Act (CEQA)
In accordance with Section 15060 (Preliminary Review) of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed Development Permit Type-P 20-08 and concluded that the proposed project is exempt under Section 15332 (In-Fill Development Projects) of CEQA Guidelines (Attachment 3), due to the fact that: (a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the proposed development occurs within city limits on a project site of no more than five (5) acres substantially surrounded by urban uses; (c) the project site has no value as habitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and, (e) the site can be adequately served by all required utilities and public services. Furthermore, Conditions of Approval will be imposed to alleviate potential impacts; and there are no additional potential significant environmental impacts that may result from the proposed development and establishment of the proposed project.
2021-2025 Strategic Targets and Goals
Development Permit Type-P 20-08 aligns with Key Target No. 3: Improve Quality of Life. The twenty-seven (27) unit two-story multiple-family residential development will help the City meet its State mandated housing requirements and will be consistent with

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7 the surrounding multiple-family residential land uses by developing an underutilized parcel that has been designed to achieve visual interest and a clean landscaped site that will result in an attractive project that compliments the surrounding land uses.

Fiscal Impact
Development impact fees associated with the project will be approximately $329,084. City services will be provided to this project similar to other residential developments within the City and surrounding area.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-206 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 22-02, thereby upholding the Planning Commission’s finding the project categorically exempt under the California Environmental Quality Act and approval of Development Permit Type-P 20-08 allowing the development and establishment of a twenty-seven (27) unit multi- family residential complex on a parcel containing approximately 2.38 acres, located on the west side of N. Sterling Avenue (APN: 0272-372-59), between E. Marshall Boulevard and E.

Lynwood Drive within the Residential Medium (RM) zone.

Attachments
Attachment 1 Resolution No. 2022-206
Attachment 2 Resolution No. 2022-206 – Exhibit A
Attachment 3 Planning Commission Staff Report and Resolution No. 2022-038 dated July 12, 2022
Attachment 4 Application for Appeal 22-02
Attachment 5 Conceptual Grading Plan
Attachment 6 DP-P 20-08 Applicant’s Response Letter to Appeal 22-02, dated September 12, 2022
Attachment 7 Planning Commission Minutes of July 12, 2022 Attachment 8 PowerPoint
Attachment 9 Proof of Newspaper Publication
Ward:

Fourth Ward
Synopsis of Previous Council Actions:

None

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RESOLUTION NO. 2022-206

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO, CALIFORNIA, DENYING APPEAL
22-02, THEREBY UPHOLDING THE PLANNING COMMISSION’S

FINDING THE PROJECT CATEGORICAL LY EXEMPT UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
APPROVAL OF DEVELOPMENT PERMIT TYPE- P 20 -08

ALLOWING THE DEVELOPMENT AND ESTABLISHMENT OF A
TWENTY-SEVEN (27) UNIT MULTI -FAMILY RESIDENTIAL

COMPLEX ON A PARCEL CONTAINING A TOTAL OF
APPROXIMATELY 2.38 ACRES, LOCATED ON THE WEST SIDE
OF N. STERLING AVENUE (APN: 0272-372-59), BETWEEN E.

MARSHALL BOULEVARD AND E. LYNWOOD DRIVE WITHIN
THE RESIDENTIAL MEDIUM (RM) ZONE.

WHEREAS, on December 7 , 2020 , pursuant to the requirements of Chapter 19. 44 (Administrative and Development Permits) of the City of San Bernardino Development Code , an application for Development Permit Type-P 20-08 was duly submitted by:

Property Owner/
Applicant: Mike Mahmoudi
3164 Sterling, LLC
15408 Valley Boulevard
Fontana, CA 92335

APN: 0272-372-59
Lot Area: 2.38 acres
Zone: Residential Medium (RM)

WHEREAS, Development Permit Type-P 20-08 is a request to allow the development and establishment of a multi-family residential project consisting of twenty-seven (27) two-story units approximately 1,119 square feet on a property comprised of one (1 ) parcel containing a total of approximately 2.38 acres, along with the required on-site and off-site improvements;

WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has reviewed Development Permit Type -P 20-08 for consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code;

WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community and Economic Development Department evaluated Development Permit Type -P 20-08 and deter mined 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 exemptions set forth in CEQA Guidelines Section 15300.2;

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RESOLUTION NO. 2022-206

WHEREAS, on June 22, 2022, pursuant to the requirements of Section 19.44.030 (Project Review) of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and moved Development Permit Type-P 20-08 to the Planning Commission for consideration;

WHEREAS, on July 2, 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 and tennats within 1,000 feet of the subject property of the holding of a public hearing at which the Environmental Determination and Development Permit Type-P 20-08 would be considered;

WHEREAS, on July 12, 2022, pursuant to the requirements of S ection 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held the duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the Environmental Determination and Development Permit Type-P 20-08, and at which meeting the Planning Commission considered the Environmental Determination and Development Permit Type-P 20-08;

WHEREAS, on July 12, 2022, during said duly public hearing, after public testimony and deliberation among the Planning Commissioners, Commissioner Sanchez made a motion to adopt Resolution No. 2022-038 of the Planning Commission of the City of San Bernardino, California, approving Development Permit Type -P 20-08 based on the Findings of Fact presented, and Commissioner Lopez seconded the motion;

WHEREAS, the motion carried by the following vote:

Ayes: Guerrero, Lopez, Sanchez, and Lewis
Nays: Armstead, Quiel and Flores
Abstain: None

Absent: Morales

WHEREAS, on July 27, 2022, pursuant to the requirements of Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, Appeal 2 2-02 for Development Permit Type-P 20-08 was submitted by Neil Derry (the Appellant);

WHEREAS, on September 24, 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 and tenants within a 1,000 f oot radius of the subject property , providing the nature of the request, location of the subject property, the date, time, and place of the holding of a public hearing for the Mayor and City Council at which the proposed Resolution No. 2022-XXX for Appeal 22-02 for Development Permit Type-P 20-08 would be considered; and

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RESOLUTION NO. 2022-206

WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals), and Chapter 19.44 ( Administrative and Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Appeal 22-02 for Development Permit Type-P 20-08.

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Compliance with the California Environmental Quality Act. As the decision-making body for the project, the Mayor and City Council have reviewed and considered the information contained in the administrative record for Development Permit Type -P 20-08.

(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines;

(2) The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines;

(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 Mayor and City Council.

SECTION 3. Findings of Fact – Development Permit Type-P 20-08.

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 Planning Commission. Accordingly, the following findings are provided in support of the recommendation by the Planning Commission for the approval of Development Permit Type-P 20-08:

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 of twenty- seven (27) multi -family two-story units approximately 1,119 square feet is a permitted land use within the Residential Medium (RM) zone, subject to the approval of a Development

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Permit with appropriate Conditions of Approval and CEQA determination.

The proposed development will comply with all applicable Development Code Standards, such as parking, landscaping, building setbacks, and height, etc. The proposal under Development Permit Type-P 20-08 will also be consistent with the Residential Development Design Guidelines (Development Code Chapter 19.04) in that the proposed twenty-seven (27) multi-family two-story units with attached 2 -car garages will have varied setbacks, architectural design features, garage placement and ori entation, common open space and landscaping. Therefore, the proposed Project will be developed subject to all of the applicable provisions of the City of San Bernardino Development Code, including development standards and applicable design guidelines.

Finding No. 2: The proposed development is consistent with the General Plan.

Finding of Fact: The proposal is consistent with the Following General Plan Goals and Policies:

General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element.

General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development.

General Plan Land Use Element Policy 2.5.4 : Require that all new structures achieve a high level of architectural design and provide a careful attention to detail.

General Plan Community Design Element Goal 5.6: Ensure that multi - family housing is attractively designed and scaled to contribute to the neighborhood and provide visual interest through varied architectural detailing.

The proposed development to construct twenty- seven (27) multi -family two-story units approximately 1,119 square feet with attached 2 -car garages, along with the required on- site and off -site improvements, is consistent with these General Plan Goals and Policies in that it is a strategic infill of multi- family residential development, which is a land use that is consistent with the underlying General Plan Land Use designation and surrounding residential land uses. The proposed Project will also offer additional housing opportunities in the area and revitalize underutilized, vacant properties, which is consistent with the General Plan G oals cited above. The proposed Project is also consistent with the above Community

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Design Element Goal 5.6 in that it provides for the development of a new attractively designed multi- family housing which will contribute to the neighborhood and provide visual interest through varied contemporary Craftsman influenced architectural detailing. Additionally, the proposed Project is permitted within the Residential Medium (RM) zone subject to the approval of Development Permit Type -P 20-08 with appropriate Conditions of Approval and CEQA determination adoption by the Planning Commission, and the Residential Medium (RM) zone is consistent with the proposed Multi-Family Residential (MFR) Land Use designation set forth by the General Plan Land Use Map.

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 proposed development of t wenty-seven (27) multi- family two -story units approximately 1,119 square feet with attached 2 -car garages, along with the required on-site and off-site improvements, will be harmonious and compatible with existing and future developments within the (Residential Medium (RM) zone and general area, in that it provides for multi -family dwelling units that are compatible in terms of building layout, design and scale to existing adjacent multiple -family homes. The surrounding area consists of a mixture of residential land uses including an office facility and park. Thus, no land use conflict is expected to result from the construction of the proposed Pr oject, since it is consistent with the General Plan and Development Code.

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 (CEQA) and Section 19.20.030(6) of the Development Code.

Finding of Fact: The proposed Project has been evaluated pursuant to the State of California Environmental Quality Act (CEQA) and Section 19.20.030(6) of the Development Code and found to be in compliance with both provisions.

The Project was determined to be Categorical Exempt from CEQA pursuant to Section 15332 (In- Fill Development Projects) of the State CEQA Guidelines and is in compliance with the requirements of the CEQA.

Further, Conditions of Approval will be imposed to ensure that potential significant impacts upon environmental quality and natural resources are properly mitigated and as suc h no significant negative impacts are anticipated.

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.

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Finding of Fact: In accordan ce with the State of California Environmental Quality Act (CEQA) Guidelines, the Planning Commission evaluated Development Permit Type-P 20-08 for the proposed development to construct t wenty- seven (27) multi-family two-story units approximately 1,119 square feet, along with the required on- site and off -site improvements and has determined that it is Categorically Exempt from CEQA pursuant to Section 15332 (In-Fill Development Projects) of the State CEQA Guidelines and there will be no potentially significant negative impacts upon environmental quality and natural resourc es that could not be properly mitigated and monitored through the proposed Conditions of Approval for the Project.

Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed.

Finding of Fact: The Project site is physically suitable for the type and density/intensity of the proposal to allow the development of t wenty-seven (27) multi-family two-story units approximately 1,119 square feet, along with the required on- site and off-site improvements, in that the proposed project provides for a density that is permitted in the Residential Medium (RM) zone, subject to the approval of Development Permit Type -P 20-08 with the appropriate Conditions of Approval and CEQA determination. Additionally, the proposal meets or exceeds all development standards, as well as meets the intent of the residential design standards established by the City of San Bernardino Development Code.

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.

Finding of Fact: There are adequate provisions for public access, public utilities, and public services for the proposed development of t wenty-seven (27) multi-family two-story units approximately 1,119 square feet, along with the required on- site and off-site improvements. The site is located adjacent to and already served by existing public streets and a full range of public utilities and services. The site has direct access through a proposed forty-five (45’) foot wide driveway located on North Sterling Avenue. All agencies responsible for reviewing access and providing water, sanitation and other public services to the site have had the opportunity to review the proposal, and none indicated inability to serve the project site. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval, the proposed development under Development Permit Type -P 20-08 will not be detrimental to public services or public health and safety, subject to the Conditions of Approval.

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Finding No. 8 The locatio n, 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 of twenty-seven (27 ) multi- family tw o-story units approximately 1,119 square feet, along with the required on- site and off-site improvements conforms to all applicable development standards and land use regulations of the Residential Medium (RM) zone which allows the proposed use subject to the approval of a Development Permit.

Therefore, the design of the project, in conjunction with the recommended Conditions of Approval, will ensure that the proposal will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor will it be adverse to the public interest, health, safety, convenience or welfare of the City. 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 4. Conditions of Approval. Development Permit Type -P 20-08, is hereby approved, subject to the following Conditions of Approval:

1. This approval is to allow the development of t wenty-seven (27) multi- family two-story units containing approximately 1,119 square feet with attached 2-car garages, recreational building, along with the construction of the required on- site and off -site improvements.

The project site is located on the west side of N. Sterling Avenue (APN: 0272-372-59) , within the Residential Medium (RM) zone.

2. The project site shall be developed and maintained in accordance wi th: (i) the plans stamped October 5, 2022 (Exhibit “A”), approved by the City, which includes a Site Plan, Floor Plans, Conceptual-Landscaping Plan, Roof Plans, Elevation Plans, Renderings, and Grading Plans on file with the Planning Division; (ii) the Conditions of Approval contained herein; and (iii) the City’s Municipal Code regulations.

3. Within two (2) years of the original approval date, of Development Permit Type -P 20-08, the commencement of construction shall have occurred, or the permit/approval sha ll become null and void. In addition, if at any time after the commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize the commencement of construction. All necessary permits must be obtained prior to the commencement of specified construction activities included in the Conditions of Approval.

EXPIRATION DATE: October 5, 2024

4. Pursuant to Section 19.44.080 (Time Extension) of the San Bernardino Development Code, the review authority may grant a time extension for Development Permit Type -P 20-08,

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for good cause, not to exceed twelve (12) months. The applicant must file an applica tion, the processing fees, and all required submittal items thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension.

5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action, or proceeding and will fully cooperate 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, and/or commissions of the City, and any 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. The applicant further agrees to reimburse the City for any costs or attorneys’ fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered “attorneys’ fees” for purposes of this condition. As part of the consideration for issuing this Subdivision and Development Permit, this condition shall remain in effect if the Subdivision and Development Permit are rescinded or revoked, whether or not at the request of applicant.

Planning Division

6. A fence and wall plan shall be submitted to the Community and Economic Development Department Planning Division for review and approval. All perimeter and interior walls shall be comprised of masonry block with a decorative finish (decorative treatment shall occur on both sides) to compliment the exterior building elevation’s exterior finish and colors. All fences and walls shall be per the approved Site Plan stamped dated October 5, 2022.

7. The applicant and property owner shall be responsible for the maintenanc e of approved landscaping which consists of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.

8. 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 shall only occur Monday through Friday.

9. The building’s exterior finish materials and colors shall be per the approved Elevation Plans stamped dated October 5, 2022. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to the commencement of work.

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10. Signs are not approved as part of this permit. Prior to establishing any new signs, the applicant and/or property owner shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained.

11. The applicant and/or property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and othe r debris shall be removed and cleaned up within 24 hours of being reported.

12. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan stamped dated October 5, 2022 and prepared in accordance with the City of San Be rnardino Development Code, Section 19.28.120 (Water Efficient Landscaping Standards).

13. The Planting of trees and shrubs shall have plant material selected and planting methods used which are suitable for the soil and climatic conditions of the site. The sizes of the trees and plant materials for the Project site shall conform to the following mix: trees: 20% - 24 inch box, 50% - 15 gallon, 15% - mature specimen trees in 36 inch box and 15% - mature specimen trees in 48 inch box; shrubs: 80% - 5 gallon, 20% - 1 gallon; and groundcover:
100% coverage within 1 year.

14. Minor modifications to the plans shall be subject to approval by the Director pursuant to Section 19.60 (Minor Modifications). Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the re-filing of the original application.

15. 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.

16. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire D istrict, and California Board of Equalization), as applicable.

17. All exterior lighting shall be contained within property lines and be energy efficient, with the option to lower or reduce usage during night time hours . All exterior lighting shall be properly shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel, and shall be directed downward and away from all adjacent properties and public rights-of-way.

18. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building and Safety Division Plan Check and/or Land Development Division must include all Conditions of Approval issued with this approval, printed on the plan sheets.

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19. A tree removal permit shall be required in the event that more than five (5) trees are to be cut down, uprooted, destroyed or removed within a 36-month period.

20. All mechanical equipment including HVAC condenser units shall be completely screened from public view and adjacent properties at all times.

21. Continuous concrete curbing, at least six (6”) inches high and six (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.

22. The Project shall be required to comply with Rules 402 nuisance, and 403 fugitive dust, which require the implementation of Best Available Control Measures (BACMs) for each fugitive dust source, and the AQMP, which identifies Best Available Control Technologies (BACTs) for area sources and point sources. The BACMs and BACTs would include, but not be limited to the following:

a) The Project Proponent shall ensure that any portion of the site to be graded shall be prewatered prior to the onset of grading activities.

b) The Project Proponent shall ensure that watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site t hat are actively being graded shall be watered regularly (twice daily) to ensure that a crust is formed on the ground surface and shall be watered at the end of each workday.

c) The Project Proponent shall ensure that all disturbed areas are treated to preve nt erosion until the site is constructed upon.

d) The Project Proponent shall ensure that landscaped areas are installed as soon as possible to reduce the potential for wind erosion.

e) The Project Proponent shall ensure that all grading activities are suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour.

23. To reduce emissions, all equipment used in grading and construction must be tuned and maintained to the manufacturer’s specification to maximize efficient burning of v ehicle fuel.

24. The Project Proponent shall ensure that existing power sources are utilized where feasible via temporary power poles to avoid on-site power generation during construction.

25. The Project Proponent shall ensure that construction personnel are informed of ride sharing and transit opportunities.

26. All buildings on the Project Site shall conform to energy use guidelines in Title 24 of the California Administrative Code.

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27. The operator shall maintain and effectively utilize and schedule on-site equipment in order to minimize exhaust emissions from truck idling.

28. The operator shall comply with all existing and future CARB and SCAQMD regulations related to diesel -fueled trucks, which may include among others: (1) meeting more stringent emission standards; (2) retrofitting existing engines with particulate traps; (3) use of low sulfur fuel; and (4) use of alternative fuels or equipment.

29. All electrical transformers and mechanical equipment located outdoors on the site, shall be screened from view with a solid decorative block wall or landscaping and shall not be located in any setback area.

30. All Conditions of Approval shall be completed prior to final inspection and sign-off.

31. No Final Certificate of Occupancy will be issued until all Conditions of Approval have been completed.

32. 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.

Public Works Department

33. 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. If site drainage is to be outlet into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400.

Conveyance of site drainage over the Driveway approaches will not be permitted.

c. An approved Preliminary Full-Categorical Water Quality Management Plan (WQMP) shall be required for the project entitlement. The applicant is directed to the County of San Bernardino’s Flood Control web page for the template and Technical Guidance Document.

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.

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e. 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.

h. 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.

34. 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. b. Pad elevations shown on the rough and/or precise grading plan shall not vary more than one-foot for interior pads or one -half foot for exterior pads from the pad elevations shown on the tentative tract map as approved by the Planning Commission. Exteri or pads are those pads immediately adjacent to existing streets or existing residential areas.
c. If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer.
d. Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’.

Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted.
e. 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

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structure shall be landscaped, except as allowed by the Development Review Committee.
f. The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with an accessible path of travel. with modification to provide ADA access (For Housing Unit or Apt). 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 t he enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. g. Retaining walls, block walls and all on- site fencing shall be designed and detailed on the Building Plan. T his work shall be part of the on- site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. h. This project is located in the high wind zone. All walls and fences shall be designed to meet current CBC requirements. All construction details shall be included on the appropriate plan. Structural calculations shall be provided for City review. i. No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner’s agent shall immediately remove the temporar y/security fencing upon the approval of the Building Official or his designee. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee.

All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition.
j. The on-site improvement plan shall include det ails of on-site lighting, including light location, type of poles and fixtures, foundation design with structural calculations, conduit location, material and size, and 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, and
• 0.25 foot-candles security lighting during all other hours. k. The design of on- site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. l. 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. feet. All accessible parking spaces shall be a minimum of 18 feet by 9 feet net. m. A reciprocal easement shall be recorded prior to grading plan approval if reciprocal drainage, access, sewer, and/or parking is proposed to cross lot lines, or a lot merger (4

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or fewer parcels) shall be recorded to remove the interior lot lines. Merger of more than 4 parcels will require the filing of a tentative parcel map. n. 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.
o. 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. p. The public right-of-way, between the property line and top of curb (also known as “parkway”) along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project’s on-site landscape plan, unless the parkway area is included in a Landscape and Lighting Maintenance District, in which case, a separate landscape plan shall be provided.

35. On-site Utilities
a. Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses).

b. The project site shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it.

c. Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole.

d. This project is located in the sewer service area of the East Valley Water District; therefore, any necessary sewer main extension shall be designed and constructed in accordance with requirements of the East Valley Water District.

e. Utility services shall be placed underground, and easements provided as required.

f. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions).

g. Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On- Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical.

36. Street Improvement and Dedications

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a. For the streets listed below, dedication of adequate street right -of-way (R.W.) per the General Plan and Municipal Code sha ll 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
Dedication shall be
Right of Way(ft.)
From Centerline
Curb Widening shall be
Curb Line(ft)
From Centerline

Sterling Avenue
(0272-372-59-0000)

50’ Existing
0’ Dedication
for a total ½ width of 50’
“Major Arterial”

32’± Existing
None Proposed
Per General Plan
b. Sterling Avenue – TI = 8.5:*-**
i. The street is in fair condition and no ac improvements are needed at this time. ii. When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications.
iii. The existing curb & gutter, sidewalk, and driveway fronting the site are in poor condition, replace curb & gutter panels, sidewalk panels, and driveways that are lifted, cracked, or do not meet current ADA requirements shall be replaced. iv. Remove existing driveways that are not being used under the project plans and replace with Curb Gutter and Sidewalk per city Standards. v. Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer.
vi. When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb and Gutter per City Standard No. 200, type “B”.
vii. When Replacing or reconstructing Sidewalk panels, Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb).
viii. Install LED Street Lights System adjacent to the site in accordance with City Standard No’s. SL -1, SL -2, and SL -3. Also, 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.
ix. Install type II Bike Lane per “Manual Uniform Traffic Control Devices - California”, as directed by the City Traffic Engineer.
x. When Replacing/Reconstructing or Constructing sidewalk, Install 2- 3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections.
xi. No Parking will be allowed on Sterling Avenue, install signs per city standards.

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xii. 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, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering.
* These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from PC 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). 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 District(s) (CFD) (2018-1 Service) 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. The Applicant shall initiate the maintenance and benefit assessment district(s) 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 district(s) 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.

d. 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..

e. 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.

f. Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements.

g. The applicant must post a performance bond prior to issuance of the off -site permit.

The amount of the bond is to be determined by Public Works Department.

h. The above conditions shall comply with current codes, policies, and standards at time of construction.

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RESOLUTION NO. 2022-206

i. Prior to Certificate of Occupancy or Completion of Project all As-builts and Centerline Ties shall be submitted to Public Works.

j. The Street Improvements and Dedications herein above may be amended subject to the approval of the City Engineer.

37. 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 Plans. c. The Traffic scope approval form is approved, and no further traffic analysis is required.

38. Integrated Waste Division
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. The Site Plan dated June 10, 2022, identifies the development, and establishment of a twenty-seven (27) unit multiple -family residential development located on the west side of N. Sterling Ave., approximately 150 feet south of E. Marshall Blvd.

c. Burrtec Waste’s review of the Site Plan dated 10 June 2022, identifies two refuse enclosures. The refuse enclosures are located on the north and south sides of the main entrance. They are accessed by a 28 -foot wide entrance driveway with a County Fire Department hammerhead turnaround at the intersection with the north/south driveway.

Based upon the information provided, the project meets or exceeds Burrtec’s minimum requirements for refuse enclosure location and accessibility. Burrtec will therefore provide the project with standard commercial collection services for trash and mixed recyclables and residential organics.

Any changes to the overall project design, enclosure specifications or location, or access may adversely impact Burrtec’s ability to service the p roject. Any design modifications that could impact Burrtec’s service will be subject to review and approval by Burrtec. Burrtec’s review of this project is limited to determining whether it meets Burrtec’s minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards as they relate to equipment and personnel and do not pertain to the project’s compliance with applicable federal, state and local land use and environmental laws, buil ding codes or other applicable government regulations. Any approvals by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project.

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RESOLUTION NO. 2022-206

d. Construct City Standard Plan 508 Refuse Enclosures and meet or exceed the minimum 8’-0”x 15’-0” clear interior dimensions required for the container storage area.

e. 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. Modified refuse enclosures shall be reviewed and approved by the Public Works Department, the Building and Safety Division, and Burrtec Waste.

f. Display the refuse enclosure’s interior dimensions on the Site Plan.

g. As of January 1, 2022, Senate Bill 1383 requires multi -family housing projects to participate in a residential organics/food waste recycling program.

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. Display clear drive aisle widths on the Site Plan.

k. 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.

l. 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.

m. 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.

n. If gated, access shall be provided by means of a key, code, or remote.

o. Assembly Bill 341 Mandatory Commercial Recycling may apply.

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RESOLUTION NO. 2022-206

p. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply.

q. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply.

r. 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.

39. Required Engineering Plans
a. A complete submittal for plan checking shall consist of:
 street improvement plans (include engineering conditions, city standards, and cross sections in these plans).
 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.  if lighting is required (more than 2) then the lighting for offsite 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.  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. Piecemeal 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. or http://www.ci.san-
bernardino.ca.us/cityhall/publicworks/engineering_division/engineering_development _resources/default.asp. 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.

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RESOLUTION NO. 2022-206

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.
e. Copies of the City’s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org or http://www.ci.san - bernardino.ca.us/cityhall/publicworks/engineering_division/design_policy_and_proce dure_documents.asp.

40. Required Engineering Permits
a. Grading & On- Site improvements construction permit (LD).

b. WQMP/Hydrology (THR)

c. Off-Site improvement construction permit (E).

d. CFD/Street Dedication permit (RP).

e. Traffic Control and right-of- way permits (ROW).

41. Applicable Engineering Fees
a. All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be req uired at time of application for plan check. The amount of the fee is subject to adjustment at time of issuance.
b. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org or http://www.ci.san -
bernardino.ca.us/cityhall/publicworks/engineering_division/engineering_fee_schedul e.asp.

San Bernardino County Consolidated Fire District

42. Access – 150+ feet: Roadways exceeding one hundred fifty (150) feet in length shall be approved by the Fire Department. These shall be extended to within one hundred fifty (150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building.

43. Access – 30% slope: Where the natural grade between the access road and building is in excess of thirty percent (30%), an access road shall be provided within one hundred and fifty (150) feet of all buildings. Where such access cannot be provided, a fire protection system shall be installed. Plans shall be submitted to and approved by the Fire Department.

44. Additional Requirements: 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 pl ans and profiles have been submitted to this office.

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RESOLUTION NO. 2022-206

45. Building Plans: Building plans shall be submitted to the Fire Department for review and approval.

46. Combustible Protection: Prior to combustibles being placed on the project site an approved all-weather fire apparatus access surface 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.

47. Combustible Vegetation: 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 i s 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.

48. Commercial Addressing: 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 electr ically 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.

49. Fire Alarm -Automatic: An aut omatic fire sprinkler monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required. The applicant shall hire a Fire Department approved fire alarm contractor. The fire alarm contractor shall submit detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

50. Fire Extinguishers: Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department.

51. Fire Fee: The required fire fees shall be paid to the San Bernardino County Fire Department/Community Safety Division.

52. Fire Flow Test: Your submittal did not include a flow test report to establish whether the public water supply is capable o f 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.

53. Fire Lanes: 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.

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RESOLUTION NO. 2022-206

54. Fire Sprinkler -NFPA #13: An automatic fire sprinkler system complying with NFPA Pamphlet #13 and the Fire Department standards is required. The applicant shall hire a Fire Department approved fire sprinkler contractor. The fire sprinkler contractor shall submit plans with hydraulic calculation and manufactures specification sheets to the Fire Department for review and approval. The contractor shall submit plans showing type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal.

55. Fuel Modification Zone: A Fuel Modification Zone (FMZ) plan designed specifically for the subject project is required and shall be designed by a consultant approved by the Fire Department. The FMZ plan shall be submitted to the Fire Department for review and approval in compliance with County standards.

56. Haz-Mat Approval: 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.

57. Hydrant Marking: 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.

58. Illuminated Site Diagram: The applicant shall submit for review and approval a site diagram plan to the Fire Department. The applicant shall install at each entrance to a multi- family complex an illuminated diagrammatic representation of the complex, which shows the location of each unit and each fire hydrant.

59. Inspection by the Fire Department: 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.”

60. Jurisdiction: 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 veri fication 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.

61. Key Box: An approved Fire Department key box is required. In commercial, industrial and multi-family complexes, all swing gates shall have an approved fire department Knox Lock.

62. Override Switch: Where an automatic electric security gate is used, an approved Fire Department override switch (Knox ®) is required.

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RESOLUTION NO. 2022-206

63. Permit Expiration: Construction permits, including Fire Condition Letters, shall automatically expire and become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced.

Suspension or abandonment shall mean that no inspection by the Department has occurred with 180 days of any previous inspection. After a construction permit or Fire Condition Letter, becomes invalid and before such previously approved work recommences, a new permit shall be first obtained and the fee to recommence work shall be one-half the fee for the new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. A request to extend the Fire Condition Letter or Permit may be made in writing PRIOR TO the expiration date justifying the reason that the Fire Condition Letter should be extended.

64. Primary Access Paved: 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 in stalled as specified in the General Requirement conditions, including width, vertical clearance and turnouts.

65. Private Road Maintenance: The applicant shall construct and maintain all such roads. In addition, the applicant shall provide to the Fire Department a signed maintenance agreement as detailed in the General Requirement conditions for ongoing road maintenance and snow removal (where applicable). This shall include all primary and secondary access routes that are not otherwise maintained by a public agency.

66. Residential Addressing: The street address shall be installed on the building with numbers that are a minimum of four (4) inches in height and with a one half (½) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source. Numbers shall contrast with their background and be legible from the street. Where the building is fifty (50) feet or more from the roadway, additional contrasting four (4) inch numbers shall be displayed at the property access entrances.

67. Roof Certification: A letter from a licensed structural (or truss) engineer shall be submitted with an original wet stamp at time of fire sprinkler plan review, verifying the roof is capable of accepting the point loads imposed on the building by the fire sprinkler system design.

68. Secondary Access Paved: Prior to building permits being issued to any new structure, the secondary access road s hall be paved, or an all -weather surface shall be installed as specified in the General Requirement conditions including width, vertical clearance and turnouts.

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RESOLUTION NO. 2022-206

69. Side Yard Construction: Exterior walls of residential and accessory buildings or portions thereof shall be constructed a minimum of thirty (30) foot from all adjacent structures. All residential structures shall have interior side yards setbacks of twenty percent (20%) of lot width.

70. Spark Arrestor: An approved spark arrestor is required. Every chi mney that is used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel are used, shall have an approved spark arrestor visible from the ground that is maintained in conformance with the California Fire Code.

71. Sprinkler Installation Letter: The applicant shall submit a letter to the Fire Department agreeing and committing to installation of a fire protection system prior to the building inspection for drywall and insulation.

72. Standard A-3 Gates and Other Obstructions to Fire Department Access: This standard shall apply to all obstructions, access control devices, traffic calming devices, or similar systems within any roadways that serve as fire access in all new or existing residential, commercial, and industrial development. This standard does not apply to obstructions within parking aisles that do not serve as fire apparatus access roads.

73. Street Sign : This project is required to have an approved street sign (temporary or permanent). The street sign shall be ins talled 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.

74. Surface: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all -weather driving capabilities. Road surface shall meet the approval of the Fire Chief prior to installation. All roads shall be designed to 85% compaction and/or paving and hold the weight of Fire Apparatus at a minimum of 80K pounds.

75. Turnaround: An approved turnaround shall be provided at the end of each roadway one hundred and fifty (150) feet or more in length. Cul -de-sac length shall not exceed six hundred (600) feet; all roadways shall not exceed a 12% grade and have a minimum of forty-five (45) foot radius for all turns. In the Fire Safety Overlay District areas, there are additional requirements.

76. Water System: 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 two -hour duration at 20 psi residual operating pressure. Fire Flow is based on a 8,960 sq.ft. structure.

77. Water System Certification: The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have

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RESOLUTION NO. 2022-206

been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the job site.

78. Water System Commercial: 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.

San Bernardino Municipal Water District

79. Water and Sewer service shall be obtained from East Valley Water District.

SECTION 5. Notice of Exemption. The Planning Division of the Community and Economic Development Department is hereby directed to file a No tice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.

SECTION 6. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2022.

John Valdivia, Mayor
City of San Bernardino

Attest:

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RESOLUTION NO. 2022-206

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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RESOLUTION NO. 2022-206

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-206, adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _________, 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER

WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022.

Genoveva Rocha, CMC, City Clerk

Packet Pg. 105

DN
DN
FACP
FACP
FACP
FACP

RECREATION

BUILDING
BUILDING 3
8 UNITS
BUILDING 1
7 UNITS

SETBACK
10'-0"

SETBACK
25'-0" 8'-0" 42'-0"
2"
18'-2"

SETBACK
10'-0"

AMENITIES AREA
BUILDING 2
4 UNITS
250.97' PL
254.94' PL
406.67' PL

MAIL BOXES

SETBACK
10'-0"
10'-0"
4' WIDE W.I. DOOR
26' W.I. PAIR OF

ROLLING GATES
REFUSE

ENCLOSURE
REFUSE

ENCLOSURE

UNDERGROUND BASIN (PER CIVIL)
1/2 BASKETBALL
COURT
18'-8"
4'-0"

SETBACK
25'-0"
6' HIGH W.I.

FENCE WITH

PILASTERS
EXISTING 3' HIGH BLOCK DAMAGE WALL WITH W.I. FENCE ABOVE TO BE REMOVED W.I. FENCE &

PILASTERS

STERLING AVENUE
RM
0272-372-40
RM
0272-372-23
RM
0272-372-22
RM
0272-372-19
RM
0272-372-42
RM
0272-372-18
RM
0272-372-07
RM
0272-372-01

PROPERTY LINE

PROPERTY
LINE

EXISTING

SIDEWALK

TO REMAIN

EXISTING CONCRETE DRIVE

APRON TO BE REMOVED TO

RECEIVE NEW PER STDS

PROPERTY LINE
EXISTING 3' HIGH BLOCK DAMAGE WALL
WITH W.I. FENCE ABOVE TO BE REMOVED
UNIT
TYPE A

UNIT TYPE A
(REVERSED)
UNIT
TYPE A

UNIT TYPE A
(REVERSED)

ACCESSIBLE
UNIT
TYPE A

UNIT TYPE A
(REVERSED)
UNIT
TYPE A

UNIT TYPE A
(REVERSED)
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A

UNIT TYPE A
(REVERSED)
UNIT
TYPE A

ACCESSIBLE

LANDSCAPE AREALANDSCAPE AREA

LANDSCAPE
AREA

LANDSCAPE

HARDSCAPE
TYP.

LANDSCAPE
TYP.

PROPOSED 3' HIGH WALL
25'-0"
PROPOSED 6' HIGH BLOCK WALL
213'-0"
2"
PL
PL
PROPOSED 6' HIGH BLOCK WALL
216'-8"
PROPOSED 3' HIGH WALL
25'-0" EXISTING

CONCRETE

DRIVE APRON
21,421 SQ. FT. OF

COMMON USABLE

OUT DOOR AREA
6' HIGH W.I. DOOR

ACCESSIBLE

SETBACK
10'-0"
13'-0"
50'-0"
UNIT
TYPE A

UNIT TYPE A
(REVERSED)
UNIT
TYPE A
UNIT
TYPE A
BUILDING 5
4 UNITS
UNIT
TYPE A
UNIT
TYPE A

UNIT TYPE A
(REVERSED)
UNIT
TYPE A
BUILDING 4
4 UNITS
8,503 SF STREET DEDICATION

TO CONDOMINIUM AREA
45'-0"
SBCOFD A-1
20'-0"
5'-0"
SBCOFD A-1
20'-0"

ENTRY ACCESS
2 GUEST PARKING

LANDSCAPE
AREA

LANDSCAPE
AREA
9'-6"5'-8"13'-0"
(20' MIN.)
21'-5"
49'-3"
23'-6" 18'-0"13'-0"
95'-7"
13'-0"
15'-2"13'-0"
32'-0"
29'-0" 3'-0"
UNIT
TYPE A

UNIT TYPE A
(REVERSED)
412.39' PL
4 TENANT SPACES
(COVERED)
1 GUEST
SPACE
29'-0" 25'-0"18'-0" 10'-6" 86'-11"
3'-0"
26'-0"
3'-0"
32'-0"
115'-0" 36'-0" 10'-1"86'-11"5'-0"17'-0" 29'-8"
2'-6" 25'-0"
6'-11"
10'-0"16'-11"

PATH OF TRAVEL
6' HIGH W.I.

FENCE WITH

PILASTERS
(4' MIN.)
5'-0"2'-0" 17'-0" 28'-0" 17'-0" 2'-0"
(4' MIN.)
5'-0"
26'-0"18'-0"41'-2" PROPOSED DRIVEWAY

CONCRETE STAMPED
PAVERS
29'-0" 5'-0"

BICYCLE PARKING
28'-2"

KNOX BOX
(KEY GATE SWITCH)
CLR
10'-0"
CLR
10'-0"
CLR
10'-0"CLR
10'-0"
13'-7"
10'-0"
26'-0"3'-0" 7'-10"9'-0"5'-0"
3'-0"13'-0"13'-0"3'-0"

HARDSCAPE
TYP.

HARDSCAPE
TYP.13'-0"
13'-0"
PL1
4 AMENITIES
2-PICNIC TABLES
1-TOT LOT
4'-0"2'-0"19'-0"36'-0"
PL1
4 8,503 SF STREET DEDICATION TO

CONDOMINIUM AREA

PER OWNER'S CERTIFICATE
DATED ON 10-22-80
(PARCEL MAP No 6209)
4 - BBQ
3 - PICNIC TABLES
1 - TOT LOT
Private Outdoor
Area 286 SF
Private Outdoor
Area 284 SF
Private Outdoor
Area 282 SF
Private Outdoor
Area 316 SF
Private Outdoor
Area 328 SF
Private Outdoor
Area 298 SF
Private Outdoor
Area 295 SF
Private Outdoor
Area 290 SF
Private Outdoor
Area 196 SF
Private Outdoor
Area 197 SF
Private Outdoor
Area 197 SF
Private Outdoor
Area 196 SF
Private Outdoor
Area 243 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 243 SF
Private Outdoor
Area 243 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
26'-0"
29'-0"
13'-0"13'-0"
5 TENANT PARKING
(COVERED)
2 GUEST

PARKING
2 GUEST

PARKING
3 TENANT SPACES
(COVERED)
9'-8 1/2" 13'-4" 5'-0" 28'-0" 5'-8"
2 TENANT

PARKING
(COVERED)
80'-0"
26'-0"
R 28'-0"
R 28'-0"

LANDSCAPE AREA

LANDSCAPE

LANDSCAPE
4FT HIGH

DECORATIVE
W.I. FENCE
BUS-50
6'-0"
31'-0"
26'-0"
PROPOSED PAIR OF 16FT WIDE x 6FT
HIGH W.I. ROLLING GATES FOR

EMERGENCY VEHICLE ACCESS ONLY

KNOX KEY

GATE SWITCH
R 36'-0"

PROVIDE PERVIOUS

CONCRETE ACCESS

FOR EVA

FIRE RISER
2 2

FIRE RISER
FIRE RISER2
FIRE
RISER

FIRE RISER
FIRE RISER2
17'-0" R 28'-0"
R 28'-0"
2 2
R 20'-0"
2 R 20'-0"
2 2
19'-0"
26'-0"
13'-0"
13'-0"
10'-9"
BUS-50
FH

PROJECT SITE
TOTAL 27 UNITS COVERAGE: 24,567 SF (23.7%) (50% ALLOWED) PRIVATE OUTDOOR SPACE:
300 SF OR 25% WHICH EVER IS LESS REQUIRED: PROVIDED:

UNIT A: 1,119 SF (25%) = 279 SF 27 UNITS = 7,533 SF. 9,601 SF (PER UNIT: BALCONY 103SF AND
OPEN FLOOR 197SF MIN.)
PARKING ANALISYS:

PARKING REQUIRED PROVIDED
(3 BEDROOM UNIT)

2.5 SPACES REQ./ UNIT (27 UNITS X 2.5) 68 SPACES 54 GARAGE SPACES 14 COVERED SPACES
68 PARKING SPACES
GUEST 1 PER 5 UNIT (27 / 5) 6 SPACES 7 PARKING SPACES GRAND TOTAL 75 PARKING SPACES
INCLUDED 2 ACCESSIBLE PARKING SPACES (1) VAN ACCESSIBLE COMMON OPEN SPACE REQ.
30% OF NET SITE AREA (70,509 SF) = 21,152 SF REQUIRED 21,256 SF PROVIDED (SEE HATCH AREA) TRASH

RECYCLING
FOOD W.
8'-8" 4'-8"
8" 15'-0" 8"
C 2020 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.

LICENSED ARCHITECT

STATE OF CA L I FORNIA
Douglas A ndresen
C-14504
12-31-23

RENEWAL
DATE
C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI - Access\Projects\3_Projects 2010-2019\2017\17-2955 Sterling Ave - 28-Units\Revit\17-2955 Sterling Apts - 2021 (New_Site).rvt 6/14/2022 8:59:47 AM
PL1Site Plan
Proposed 27-Unit Apartment Complex for:

Mike Mahmoudi
10 Jun. 2022
17-2955
3164 N Sterling Ave, San Bernardino, CA 92404
1" = 20'-0"
Site Plan
Proposed 27-Unit Apartment Complex for:

Mike Mahmoudi
3164 N Sterling Ave, San Bernardino, CA 92404
OWNER: MIKE MAHMOUDI
ADDRESS: 15408 VALLEY BLVD.

FONTANA, CA 92335
--
CONTACT: MIKE MAHMOUDI
[email protected]
PROJECT ADDRESS: 3164 N STERLING AVE,
SAN BERNARDINO, CA 92404
ARCHITECT: ANDRESEN ARCHITECTURE INC.
17087 ORANGE WAY
FONTANA, CA 92335
(909) 355-6688
[email protected]
CIVIL: HP ENGINEERING INC.
1465 CRESTVIEW ROAD
REDLANDS, CA 92374

HENRY POQUIZ
(909) 335-8239
[email protected]
LANDSCAPE ARCHITECT: LANDSCAPE DYNAMICS
(951) 264-8195

SARA ZOLL
[email protected]
BUILDING DATA:

APN: 0272-372-59
ZONING: RM (MULTIPLE RESIDENTIAL)
(DENSITY: 12 UNITS PER ACRE) (12 U x 2.37 AC = 28.44 U.) OCCUPANCY: GROUP R-2 / U (BUILDINGS 1,2 AND 3)

GROUP B (RECREATION BUILDING)
CONSTRUCTION: TYPE V-B
FIRE SPRINKLERS: REQUIRED
PROJECT DESCRIPTION: NEW 27 UNIT APARTMENT COMPLEX INCLUDING RECREATION BUILDING,

TRASH ENCLOSURES, SITE AMENITIES, SITE LIGHTING, SITE FENCING, GATES, BLOCK WALL, LANDSCAPING.

GROSS LOT SIZE: 103.578.87 SQ. FT. (2.37 AC)
FOOTPRINT: 24.567 SF
STREET DEDICATION: 8,503 SF
NET LOT SIZE: 70,509 SF
HARDSCAPE AREA: 38,112 SF (55 %)
LANDSCAPE AREA: 32,397 SF (45 %)
Vicinity Map
Area Schedule - Unit A
N
ame Area
First Floor 411 SF
Second Floor 709 SF
Living Area 1,119 SF
Garage 441 SF
Porch 37 SF
Balcony 53 SF
Balcony 50 SF
Non-Living Area 582 SF
Sequence of Drawings - PL
N
umber Description
PL1 Site Plan
PL1.2 Typ. Floor Plan Unit
PL2 Elevations Bldg - 1
PL2.1 Bldg. 1 - Plans
PL3 Elevations Bldg - 2, 4 & 5
PL3.1 Bldg. 2, 4 & 5 - Plans
PL4 Elevations Bldg - 3
PL4.1 Bldg. 3 - Plans
PL5 Recreation Building
1 of 1 Conceptual Grading Plan
L1 Conceptual Landscape Plan
Area Schedule - Buildings
N
ame Area Comments
Conditioned
1st. Flr.

Conditioned
2nd. Flr.

Total
Conditioned
Bldg
Building 1 6,022 SF Bldg 2877 4963 7840
Building 2 3,459 SF Bldg 1644 2836 4480
Building 3 6,877 SF Bldg 3288 5672 8960
Building 4 3,459 SF Bldg 1644 2836 4480
Building 5 3,458 SF Bldg 1644 2836 4480
Reacreational 1,355 SF Bldg
Footprint Area: 24,631 SF
1/8" = 1'-0"
Refuse Enclosure
1 9 Feb. 2022 Planning
2 21 Apr. 2022 SBCoFD
2 2
2 2
2 2
Interior View
Gate Key Entry View
North-East Corner View
South-East Corner View

Packet Pg. 106

FACP
FACP
FACP
FACP
DN
DN

CLEAN FILL SAND

SECTION A

CLEAN FILL SAND
PAVING
(SEE PLAN)

NATURAL GRADE

ANCHOR PER

MANUFACTURER'S

INSTRUCTIONS

SMOOTH CONCRETE

COUNTER TOP WITH
8"X8"X16" TAN SPLIT FACE
CONCRETE BLOCK WITH #4
VERTS AT 24 O/C

HOOK, TYP TOP & BOT

BUILT IN BARBEQUE
(SEE PLAN)
(SOLID GROUT ALL CELLS)
(1) #4 CONTINUOUS

HORIZONTAL TOP & BOT
1/2" FELT

EXPANSION
JOINT

CLEAR EPOXY SEALER
6'-0"
3'-4"
3'-4"
2'-0" 2'-0"
4" 4"
1'-4"
6"
3"
2'-10"
MAX
A

PROPANE GAS TANK
BUILT-IN BBQ.
60"
6'-0"
30"
A
-
SIMPSON HL33PC
1/2" X 3" LONG GALVANIZEDGALVANIZED STEEL
CLIP ANGLE (4 PER TABLE) EXPANSION ANCHORS

DETAIL A

RECREATION

BUILDING
BUILDING 3
8 UNITS
BUILDING 1
7 UNITS AMENITIES AREA
BUILDING 2
4 UNITS
250.97' PL
254.94' PL
406.67' PL
REFUSE
ENCLOSURE (B3-5)
REFUSE

ENCLOSURE
(B1 & B2)
1/2 BASKETBALL
COURT

STERLING AVENUE
RM
0272-372-40
RM
0272-372-23
RM
0272-372-22
RM
0272-372-19
RM
0272-372-42
RM
0272-372-18
RM
0272-372-07
RM
0272-372-01

PROPERTY LINE
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A

ACCESSIBLE
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A

ACCESSIBLE

LANDSCAPE AREALANDSCAPE AREA
PL
PL

ACCESSIBLE
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
BUILDING 5
4 UNITS
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
UNIT
TYPE A
BUILDING 4
4 UNITS

LANDSCAPE
AREA
UNIT
TYPE A
UNIT
TYPE A
412.39' PL
PL1
4 AMENITIES
2-PICNIC TABLES
1-TOT LOT
PL1
4 4 - BBQ
3 - PICNIC TABLES
1 - TOT LOT
Private Outdoor
Area 286 SF
Private Outdoor
Area 284 SF
Private Outdoor
Area 282 SF
Private Outdoor
Area 316 SF
Private Outdoor
Area 328 SF
Private Outdoor
Area 298 SF
Private Outdoor
Area 295 SF
Private Outdoor
Area 290 SF
Private Outdoor
Area 196 SF
Private Outdoor
Area 197 SF
Private Outdoor
Area 197 SF
Private Outdoor
Area 196 SF
Private Outdoor
Area 243 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 243 SF
Private Outdoor
Area 243 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
Private Outdoor
Area 244 SF
(2) PARK
BENCH
5 PL1.1
1 PL1.1
4 PL1.1
2 PL1.1
4 PL1.1
2 PL1.1
2'-6"
3-1/8" x 12" GLB
2" DIA GALV. PIPE
1'-3"
1'-3" DIA CONC.
1'-0" 6'-0" 1'-0"
1" 4" 1"
3/16
5"
5"
1/4" STEEL PLATE
PLAN

SECTION
(4) 3/4" DIA X 2" LONG LAG SCREWS
C 2020 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.

LICENSED ARCHITECT

STATE OF CA L I FORNIA
Douglas A ndresen
C-14504
12-31-23

RENEWAL
DATE
C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI - Access\Projects\3_Projects 2010-2019\2017\17-2955 Sterling Ave - 28-Units\Revit\17-2955 Sterling Apts - 2021 (New_Site).rvt 6/14/2022 8:17:26 AM
PL1.1Site - Amenities
Proposed 27-Unit Apartment Complex for:

Mike Mahmoudi
10 Jun. 2022
17-2955
3164 N Sterling Ave, San Bernardino, CA 92404
1 Barbeque
2 Concrete Picnic Table
3 Playground Rules
4 Tot Lot Playground Area
1" = 20'-0"
Site Plan - Amenities
5 Park Bench Detail

Packet Pg. 107

DW
DW
REF.

FACP
D W
WH
DN
First Floor
T.P.1
9'-1"
1'-1"8'-0"

DUCT SPACE
First Floor
T.P.1
8'-0"
9'-1"
1'-1" DUCT SPACE
10"
FIXED WOOD SHELF AT 46" A.F.F. (MAX)
/
Living
CP 9'-0"
/
Kitchen/Dine
SV 8'-0"
/
Garage
CN 9'-0"
/
Powder
SV 8'-0"
/
Hall
CP 8'-0"
/
Kitchen/Dine
SV 8'-0"
/
Living
CP 9'-0"
/
Garage
CN 9'-0"
/
Hall
CP 8'-0"
/
Powder
SV 8'-0"
41'-0"3'-0"
21'-8" (TYP. UNIT) AIR
1"
(ACCESSABLE)
21'-8" (TYP. UNIT)
PL1.2
1 PL1.2
2 5040
4040
4040
5040
2040
H
2040
H
2040
H
12'-5" 9'-3" AIR
1" 9'-3" 12'-5"
4'-4"
10'-2"

ELECTRICAL ROOM

FIRE RISER ROOM
2040
H
2040
H

KNOX BOX

GAS METERS
4'-0"
2" SLOPE
2" SLOPE
DN

7.75" MAX
DN

0.5" MAX
DN

7.7.5" MAX
DN
1/2" MAX
x
Master Bed
10'-11" 12'-5"
x
Balcony
5'-11" 7'-9"
x
M. Bath
10'-4" 8'-4"
x
Hallway
3'-4"
x
Bath #2
5'-0" 7'-10"
x
M. WIC
8'-4" 4'-6"
x
Bed #3
10'-0" 10'-1"
x
Bed #2
10'-1" 10'-0"
x
Laundry
6'-6" 2'-7"
21'-8"
3'-0"32'-6"6'-4"
5'-1"36'-9"
3050
H
2040
H
4040
x
Balcony
4'-10" -9'-9"
2040
H
6068
T
C 2020 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.

LICENSED ARCHITECT

STATE OF CA L I FORNIA
Douglas A ndresen
C-14504
12-31-23

RENEWAL
DATE
C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI - Access\Projects\3_Projects 2010-2019\2017\17-2955 Sterling Ave - 28-Units\Revit\17-2955 Sterling Apts - 2021 (New_Site).rvt 6/14/2022 8:17:29 AM
PL1.2
Typ. Floor Plan
Unit
Proposed 27-Unit Apartment Complex for:

Mike Mahmoudi
10 Jun. 2022
17-2955
3164 N Sterling Ave, San Bernardino, CA 92404
1/2" = 1'-0"
Kitchen - Typ. Unit
1/2" = 1'-0"
Kitchen - Accessible Unit
1/4" = 1'-0"
First Floor - Typ.
1/4" = 1'-0"
Second Floor - Typ. Unit

Packet Pg. 108

First Floor
Second Floor
T.P.2
T.P.1
26'-0"
M1
M7
M3
M6M3
3'-6"
3040
H
3040
H
2040
H
2040
H
2040
H
4040 2040
H
40404040504050404040
2040
H
40402040
H
4040
40402040
H
2040
H
2040
H
5040 5040
2040
H
4040
9'-1" 9'-1"
M2 M1
M2
5040 5040
2040
H
2040
H
2040
H
2040
H
2040
H
4040
504040404040
24'-6"
First Floor
Second Floor
T.P.2
T.P.1
9'-1"
M1
M3
M1
M6M4M3
?
M2
M1
M2 M8
M2
M3
M3M2
?
2040
H
2040
H
2040
H
2050
H
2050
H
2050
H
3036
First Floor
Second Floor
T.P.2
T.P.1
9'-1" 9'-1"
M2
M1M2
M9
M2
M3
42" MIN.

M3M1 M7
M3M7M5
40403050
H
404040403050
H
40404040
M5M3
M7
M1
M1
M9
M9
M3 M1M2
M5
M2
M3
M9

FINISH SURFACE BALCONY
First Floor
Second Floor
T.P.2
T.P.1
9'-1"
2040
H
2040
H
2040
H
2040
H
3016
T
3060
H
2040
H
2040
H
2040
H
2040
H
2040
H
M7
M1
M5
M6M3 M2
M3
M1
M3
M7M3
9'-1"
C 2020 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.

LICENSED ARCHITECT

STATE OF CAL I FORNIA
Dougla s Andresen
C-14504
12-31-23

RENEWAL
DATE
C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI - Access\Projects\3_Projects 2010-2019\2017\17-2955 Sterling Ave - 28-Units\Revit\17-2955 Sterling Apts - 2021 (New_Site).rvt6/14/2022 8:17:49 AM PL2
Elevations Bldg -
1 Proposed 27-Unit Apartment Complex for:

Mike Mahmoudi
10 Jun. 2022
17-2955
3164 N Sterling Ave, San Bernardino, CA 92404
Material Legend - Elevation
M
ark Name/Description Manufacturer Model
M1 ROOF TILES BORAL "CASA GRANDE BLEND" BARCELONA PROFILE M2 FASCIAL/TRIM DUNN EDWARDS - PAINT "EXPRESSO MACCHIATO" DET680 M3 MAIN COLOR DUNN EDWARDS - PAINT "PUEBLO WHITE" DET675 M4 ENTRY DOOR DUNN EDWARDS - PAINT "CHERRY COLA" DEA156 M5 GARAGE DOOR DUNN EDWARDS - PAINT "WHITE PICKET FENCE" DET648 M6 STONE VENEER BORAL CULTURED STONE "HIGH DESERT" USED BRICK PROFILE M7 HORIZONTAL SIDING DUNN EDWARDS - PAINT DE6214
M8 RAKE SIDING DUNN EDWARDS - PAINT "PUEBLO WHITE" DET675 M9 SHUTTERS & GUARDRIALS DUNN EDWARDS - PAINT NIGHT NIGHT "DE5937" 3/16" = 1'-0"
West Elevation - Front
3/16" = 1'-0"
North Elevation - Left
3/16" = 1'-0"
East Elevation - Rear
3/16" = 1'-0"
South Elevation - Right

Packet Pg. 109

DW
REF.

FACP
DW
DW
REF.

DW
REF.

D W
WH
D W
WH
D W
WH
D W
WH
D W
WH
D W
WH
D W
WH

DNDNDNDNDNDNDN
x
Living
13'-1" 12'-0"
x
Garage
20'-0" 21'-1"x
Garage
20'-0" 21'-1"
x
Kitchen/Dine
10'-10" 9'-0"
x
Living
13'-1" 12'-0"
x
Living
13'-1" 12'-0"
x
Garage
20'-0" 21'-1"
x
Kitchen/Dine
10'-10" 9'-0"
x
Kitchen/Dine
10'-10" 9'-0"
x
Living
13'-1" 12'-0"
x
Garage
20'-0" 21'-1"
x
Kitchen/Dine
10'-10" 9'-0"
4040
50405040
4040
5040
x
Powder
4'-7" 5'-7" x
Powder
4'-7" 5'-7" x
Powder
4'-7" 5'-7" x
Powder
4'-7" 5'-7"
4'-4"
5040
2040
H
2040
H
2040
H
2040
H
2040
H
40404040
5040
4040
3036
2050
H
2050
H
2050
H
6"41'-0"2'-10"
1" 21'-8" 1" 21'-8" 1'-6"1" 21'-8" 1" 21'-8" 1" 21'-8"8 1/2" 21'-8" 1" 21'-8" 6"37'-0"4'-0"
x
Kitchen/Dine
10'-10" 9'-0"
x
Living
13'-1" 12'-0"
x
Living
13'-1" 12'-0"
x
Garage
20'-0" 21'-1"x
Garage
20'-0" 21'-1"
x
Kitchen/Dine
10'-10" 9'-0"
x
Living
13'-1" 12'-0"
x
Kitchen/Dine
10'-10" 9'-0"
x
Garage
20'-0" 21'-1"

ELECTRICAL ROOM

FIRE RAISER ROOM
4040 4040
50405040
152'-2"
x
Master Bed
10'-11" 12'-5"
x
Bed #2
10'-1" 10'-0"
x
Bed #3
10'-0" 10'-1"x
Bed #3
10'-0" 10'-1"
x
Balcony
4'-10" -9'-9"
x
Bath #2
5'-0" 7'-10"
x
M. Bath
10'-4" 8'-4"
x
M. Bath
10'-4" 8'-4"
x
Master Bed
10'-11" 12'-5"x
Master Bed
10'-11" 12'-5"
x
Bed #2
10'-1" 10'-0" x
Bed #2
10'-1" 10'-0"
x
Balcony
4'-10" -9'-9"x
Balcony
4'-10" -9'-9"
x
Bed #3
10'-0" 10'-1"
x
Bath #2
5'-0" 7'-10" x
Bath #2
5'-0" 7'-10"
x
M. Bath
10'-4" 8'-4"
x
Master Bed
10'-11" 12'-5"
x
Bed #3
10'-0" 10'-1"
x
Bed #2
10'-1" 10'-0"
x
Balcony
4'-10" -9'-9"
x
M. Bath
10'-4" 8'-4"
x
Bath #2
5'-0" 7'-10"
x
Laundry
6'-6" 2'-7"
6068
T
3050
H
2040
H
2040
H
2040
H
2040
H
40402040
H
x
Master Bed
10'-11" 12'-5"
x
Balcony
5'-11" 7'-9"
x
Bed #2
10'-1" 10'-0"
x
Bed #3
10'-0" 10'-1"
x
M. Bath
10'-4" 8'-4"
x
Bath #2
5'-0" 7'-10"
2040
H
2040
H
2040
H
2040
H
2040
H
4040
6068
T
4040
6068
T
6068
T
4040
4040 2040
H
3040
H
3040
H
2040
H
x
Bed #3
10'-0" 10'-1"
x
Master Bed
10'-11" 12'-5"x
Master Bed
10'-11" 12'-5"
x
Bed #2
10'-1" 10'-0" x
Bed #2
10'-1" 10'-0"
x
M. Bath
10'-4" 8'-4"
x
Balcony
5'-11" 7'-9"x
Balcony
5'-11" 7'-9"x
Balcony
5'-11" 7'-9"
1" 21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8"21'-8" 1" 21'-8" 1" 21'-8" 6'-4" 32'-6"
x
Bed #3
10'-0" 10'-1"
x
M. Bath
10'-4" 8'-4"
x
Balcony
5'-11" 7'-9"
x
Balcony
4'-10" -9'-9" x
Balcony
4'-10" -9'-9" x
Balcony
4'-10" -9'-9"
x
Balcony
5'-11" 7'-9"x
Balcony
5'-11" 7'-9"
5:12
5:125:12
3:123:12
4:12 4:12
5:12
2040
H
1" AIR (TYP.)
3050
H
6068
T
6068
T
4040 4040
6068
T
3016
T
2040
H
2040
H
3060
H
2040
H
2040
H
40402040
H
2040
H
2040
H
2040
H
4040
2040
H
3:12
3:12
6:12
3:12
5:125:12
5:12
3:12
6:126:12
3:12
5:125:12
3:12
6:12
6:12
5:125:12
3:12
3:12
3:12 3:12
4:12 4:12
3:12
21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8" 38'-10"
4:12 4:12
3:12
3:12
6:12 6:12

VALLEY RIDGE
VALLEY
RIDGE
VALLEY
VALLEY

VALLEYVALLEY
VALLEY
RIDGE
RIDGE
VALLEY
HIP
HIP
RIDGE
VALLEY
RIDGE

VALLEY RIDGE

VALLEY VALLEY
RIDGE
VALLEY
HIPHIP
VAL
LEY
VALLEY

VALLEY VALLEY
RIDGE

VALLEY VALLEY
RIDGE
HIP
HIP
RIDGE
RIDGE

VALLEY VALLEY
VALLEY
C 2020 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.

LICENSED ARCHITECT

STATE OF CA L I FORNIA
Douglas A ndresen
C-14504
12-31-23

RENEWAL
DATE
C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI - Access\Projects\3_Projects 2010-2019\2017\17-2955 Sterling Ave - 28-Units\Revit\17-2955 Sterling Apts - 2021 (New_Site).rvt 6/14/2022 8:17:56 AM
PL2.1Bldg. 1 - Plans
Proposed 27-Unit Apartment Complex for:

Mike Mahmoudi
10 Jun. 2022
17-2955
3164 N Sterling Ave, San Bernardino, CA 92404
1/8" = 1'-0"
First Floor Plan - Bldg 1
1/8" = 1'-0"
Second Floor Plan - Bldg 1
1/8" = 1'-0"
Roof Plan - Bldg. 1

Packet Pg. 110

First Floor
Second Floor
T.P.2
T.P.1
9'-1" 9'-1"
24'-5"
42" MIN.
2040
H
2040
H
504040404040
404040402040
H
3040
H
3040
H
5040 5040
2040
H
3040
H
2040
H
2040
H
4040 5040 4040
M1
M1
M3
M2
M3
M1
M9
M5
M6 M4
M3
M2
M6 M6 M4
M1
M8M1 M2 M7M2
M1
M7
M3
M6M6
M1
M3
M7
First Floor
Second Floor
T.P.2
T.P.1
30362040
H
2040
H
2040
H
2040
H
2050
H
2050
H
2050
H
M1
M3
M7 M1
M5
M6M3 M2
M2
M1
M3
M3
?
10'-1" 9'-1"
First Floor
Second Floor
T.P.2
T.P.1
42" MIN.

M9
M3 M1M2
M3 B5 M2
M7
M2
M1
M9
M3
M3M2 M1
M3 M2M5
10'-1" 9'-1"
9'-1" 9'-1"
24'-9"
6068
T
4040 4040
6068
T
6068
T
4040
6068
T
4040
M1
M3
M6 M3 M5
42" MIN.
25'-6"
First Floor
Second Floor
T.P.2
T.P.1
M1
M3
M2
M7
M3
M4 M6 M3
M7
M1
M1
M3
M5
M6
9'-1"9'-1"
24'-9"
2040
H
2040
H
3060
H
3016
T
2040
H
2040
H
2040
H
2040
H
2040
H
2040
H
2040
H
C 2020 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.

LICENSED ARCHITECT

STATE OF CA L I FORNIA
Douglas A ndresen
C-14504
12-31-23

RENEWAL
DATE
C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI - Access\Projects\3_Projects 2010-2019\2017\17-2955 Sterling Ave - 28-Units\Revit\17-2955 Sterling Apts - 2021 (New_Site).rvt 6/14/2022 8:18:11 AM
PL3
Elevations Bldg -
2, 4 & 5
Proposed 27-Unit Apartment Complex for:

Mike Mahmoudi
10 Jun. 2022
17-2955
3164 N Sterling Ave, San Bernardino, CA 92404
3/16" = 1'-0"
East Elevation - Front
3/16" = 1'-0"
South Elevation - Left
3/16" = 1'-0"
West Elevation - Rear
3/16" = 1'-0"
North Elevation - Right
Material Legend - Elevation
M
ark Name/Description Manufacturer Model
M1 ROOF TILES BORAL "CASA GRANDE BLEND" BARCELONA PROFILE M2 FASCIAL/TRIM DUNN EDWARDS - PAINT "EXPRESSO MACCHIATO" DET680 M3 MAIN COLOR DUNN EDWARDS - PAINT "PUEBLO WHITE" DET675 M4 ENTRY DOOR DUNN EDWARDS - PAINT "CHERRY COLA" DEA156 M5 GARAGE DOOR DUNN EDWARDS - PAINT "WHITE PICKET FENCE" DET648 M6 STONE VENEER BORAL CULTURED STONE "HIGH DESERT" USED BRICK PROFILE M7 HORIZONTAL SIDING DUNN EDWARDS - PAINT DE6214
M8 RAKE SIDING DUNN EDWARDS - PAINT "PUEBLO WHITE" DET675 M9 SHUTTERS & GUARDRIALS DUNN EDWARDS - PAINT NIGHT NIGHT "DE5937"

Packet Pg. 111

DW
DW
REF.

DW
REF.

FACP
DW
REF.

D W
WH
D W
WH
D W
WH
D W
WH

DN DN DN DN
x
Garage
20'-0" 21'-1"
x
Powder
4'-7" 5'-7"
x
Kitchen/Dine
10'-10" 9'-0"
x
Living
13'-1" 12'-0"
x
Garage
20'-0" 21'-1"
x
Living
13'-1" 12'-0"
x
Kitchen/Dine
10'-10" 9'-0"
x
Powder
4'-7" 5'-7"
x
Garage
20'-0" 21'-1"
x
Kitchen/Dine
10'-10" 9'-0"
x
Living
13'-1" 12'-0"
x
Powder
6'-1" 5'-7"
PL1.2
1 PL1.2
2 /
Garage
CN 9'-0"
/
Kitchen/Dine
SV 8'-0"
/
Living
CP 9'-0"
5040
4040
3036
2050
H
2050
H
2050
H
2040
H
2040
H
2040
H
4040
5040 5040
4040
4040
5040
2040
H
2040
H
2040
H
41'-0" 6"
21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8"

ELECTRICAL ROOM

FIRE RAISER ROOM
4'-4"
86'-11"
37'-0"
4040
6068
T
6068
T
4040 4040
6068
T
2040
H
2040
H
4040
2040
H
2040
H
40402040
H
3040
H
3040
H
2040
H
x
Balcony
4'-10" -9'-9"
x
Bed #3
10'-0" 10'-1"
x
Bed #2
10'-1" 10'-0"
x
Balcony
4'-10" -9'-9"
x
Bed #2
10'-1" 10'-0"
x
Bed #3
10'-0" 10'-1"
x
Bath #2
5'-0" 7'-10"
x
Master Bed
10'-11" 12'-5"
x
M. Bath
10'-4" 8'-4"
x
Master Bed
10'-11" 12'-5"
x
M. Bath
10'-4" 8'-4"
x
Bath #2
5'-0" 7'-10"
x
Balcony
4'-10" -9'-9"
x
Bed #3
10'-0" 10'-1"
x
Bed #2
10'-1" 10'-0"
x
Bath #2
5'-0" 7'-10"
x
Master Bed
10'-11" 12'-5"
x
M. Bath
10'-4" 8'-4"
2040
H
2040
H
2040
H
2040
H
2040
H
3040
H
4040
6068
T
3016
T
3060
H
x
Bed #3
10'-0" 10'-1"
x
Bed #2
10'-1" 10'-0"
x
Master Bed
10'-11" 12'-5"
x
M. Bath
10'-4" 8'-4"
x
Balcony
5'-11" 7'-9"
x
Balcony
4'-10" -9'-9"
8"21'-8"1"21'-8"1"21'-8"1"21'-8"8"
2'-1"36'-9"
2040
H
2040
H
x
Balcony
5'-11" 7'-9" x
Balcony
5'-11" 7'-9" x
Balcony
5'-11" 7'-9"
6'-4" 32'-6"
86'-11"
5:12 5:12
4:124:12
5:125:125:12
5:12
5:125:125:12
5:12
3:123:12
4:12 4:12
8:12 8:12
3:12
8:12 8:12
3:12
5:12 5:12
3:12
6:12 6:12
3:12
5:125:123:123:12
5:125:12
3:12
3:12
6:126:12
VALLEY
RIDGE
VALLEY
RIDGE
VALLEY
VAL
LEY

VALLEY VALLEY
VALLEY
RIDGE
RIDGE
VAL
LEY
HIP
HIP
RIDGE
VAL
LEY
RIDGE
HIP
HIP

VALLEYVALLEY
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY

VALLEYVALLEY
RIDGE
RIDGE
C 2020 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.

LICENSED ARCHITECT

STATE OF CA L I FORNIA
Douglas A ndresen
C-14504
12-31-23

RENEWAL
DATE
C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI - Access\Projects\3_Projects 2010-2019\2017\17-2955 Sterling Ave - 28-Units\Revit\17-2955 Sterling Apts - 2021 (New_Site).rvt 6/14/2022 8:18:14 AM
PL3.1
Bldg. 2, 4 & 5 -
Plans
Proposed 27-Unit Apartment Complex for:

Mike Mahmoudi
10 Jun. 2022
17-2955
3164 N Sterling Ave, San Bernardino, CA 92404
1/8" = 1'-0"
First Floor Plan - Bldg. 2, 4, 5
1/8" = 1'-0"
Second Floor Plan - Bldg 2, 4 & 5
1/8" = 1'-0"
Roof Plan - Bldg. 2, 4, 5

Packet Pg. 112

First Floor
Second Floor
T.P.2
T.P.1
1'-6"
M1
M8M1 M2M3
M3
M8
M3
M6M2M4M6M4
M7 M2
M7M1M3
M2
M8
42" MIN.

M9
M8
M1
M3
M1
2040
H
4040
2040
H
2040
H
5040 5040
2040
H
4040 2040
H
4040 4040
2040
H
M9 M7M1
M2
M3 M2
3040
H
3040
H
2040
H
4040
5040 5040
2040
H
4040 4040
2040
H
2040
H
5040
2040
H
2040
H
5040
4040 2040
H
4040 4040
2040
H
2040
H
2040
H
2040
H
5040 5040
3040
H
3040
H
2040
H
4040
M8 M2 M1 M7M2 M7
24'-6"
24'-6"
25'-6"
First Floor
Second Floor
T.P.2
T.P.1
9'-1" 9'-1"
M1
M7
M2
M8
M2
M1
M7
M2
M2
M6M3
M1
M5
M3
M2M2
2040
H
2040
H
2050
H
2050
H
2050
H
2040
H
2040
H
3036
M9M9
M3
M7
First Floor
Second Floor
T.P.2
T.P.1
M3M5M7M3
M7
M2
M1
M7 M2 M1
M9
42" MIN.

M1 M3 M2M7
M2
M3M3M2M1 M7
M3M7 M5M2B5M2
M3 M1
M2 M9
M2
M9M2
M3
M3
M7
M2
M1
M3
M1
M6
M3 M5 M3 M3
4040
6068
T
6068
T
4040
4040
6068
T
6068
T
4040 4040
6068
T
6068
T
4040 3050
H
6068
T
6068
T
4040
24'-6"
9'-1" 9'-1"
24'-6"
25'-10"
Second Floor
T.P.2
T.P.1
10'-7" 9'-1"
M6 M4 M2
M8
M2
M2M3
M2M1
M3 M2
M7
M2
3036
2040
H
2040
H
2040
H
2050
H
2050
H
2050
H
M2 M3M1
M8
26'-0"
C 2020 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.

LICENSED ARCHITECT

STATE OF CA L I FORNIA
Douglas A ndresen
C-14504
12-31-23

RENEWAL
DATE
C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI - Access\Projects\3_Projects 2010-2019\2017\17-2955 Sterling Ave - 28-Units\Revit\17-2955 Sterling Apts - 2021 (New_Site).rvt 6/14/2022 8:18:37 AM
PL4
Elevations Bldg -
3 Proposed 27-Unit Apartment Complex for:

Mike Mahmoudi
10 Jun. 2022
17-2955
3164 N Sterling Ave, San Bernardino, CA 92404
3/16" = 1'-0"
West Elevation - Front
3/16" = 1'-0"
North Elevation - Left
3/16" = 1'-0"
East Elevation - Rear
3/16" = 1'-0"
South Elevation - Right
Material Legend - Elevation
M
ark Name/Description Manufacturer Model
M1 ROOF TILES BORAL "CASA GRANDE BLEND" BARCELONA PROFILE M2 FASCIAL/TRIM DUNN EDWARDS - PAINT "EXPRESSO MACCHIATO" DET680 M3 MAIN COLOR DUNN EDWARDS - PAINT "PUEBLO WHITE" DET675 M4 ENTRY DOOR DUNN EDWARDS - PAINT "CHERRY COLA" DEA156 M5 GARAGE DOOR DUNN EDWARDS - PAINT "WHITE PICKET FENCE" DET648 M6 STONE VENEER BORAL CULTURED STONE "HIGH DESERT" USED BRICK PROFILE M7 HORIZONTAL SIDING DUNN EDWARDS - PAINT DE6214
M8 RAKE SIDING DUNN EDWARDS - PAINT "PUEBLO WHITE" DET675 M9 SHUTTERS & GUARDRIALS DUNN EDWARDS - PAINT NIGHT NIGHT "DE5937"

Packet Pg. 113

D W
WH
D W
WH
D W
WH
D W
WH
D W
WH
D W
WH
D W
WH
D W
WH
FACP
DW
REF.

DW
REF.

DW
3:123:12
5:125:12
3:12 3:12
4:124:12
3:12
3:12
5:12
5:12 5:125:125:12
5:12 5:12
3:12
3:12
6:126:12
5:125:12
3:12
6:126:12
3:125:12 5:12
3:12
3:12
3:12 3:12
4:12 4:12
3:12
6:12 6:12
6:12 6:12
RIDGE
VALLEY
RIDGE
VALLEY
RIDGE
VALLEY
HIP
HIP
VALLEY

VALLEYVALLEY
VALLEY
RIDGE
RIDGE

VALLEY VALLEY
RIDGE
VALLEY
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY

HIP HIP
VALLEY
VALLEY
RIDGE
RIDGE

VALLEY VALLEY
RIDGE

VALLEY VALLEY
RIDGE
VALLEY
RIDGE
VALLEY
HIP
HIP

VALLEY VALLEY
VAL
LEY
RIDGE
RIDGE
VALLEY
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY
RIDGE
VALLEY
VALLEY

VALLEYVALLEY
VALLEY
RIDGE
RIDGE
VALLEY
6:126:12
3:12
3:12
3040
H
3040
H
2040
H2040
H2040
H
2040
H
2040
H
4040
2040
H
2040
H2040
H
2040
H
2040
H
2040
H
2040
H
4040
6068
T
6068
T
40404040
6068
T
6068
T
40404040
6068
T
6068
T
40403050
H
6068
T
6068
T
4040
2040
H
2040
H
2040
H
2040
H
2040
H
2040
H
2040
H
4040
2040
H
2040
H
3040
H
3040
H
2040
H
4040
2040
H
2040
H
x
Balcony
5'-11" 7'-9"
x
Master Bed
10'-11" 12'-5"x
Master Bed
10'-11" 12'-5"
x
Bed #2
10'-1" 10'-0" x
Bed #2
10'-1" 10'-0"
x
Bed #3
10'-0" 10'-1"
x
Balcony
4'-10" -9'-9"x
Balcony
4'-10" -9'-9"
x
Bed #3
10'-0" 10'-1"x
Bed #3
10'-0" 10'-1"
x
M. Bath
10'-4" 8'-4"
x
M. Bath
10'-4" 8'-4"
x
Balcony
5'-11" 7'-9"x
Balcony
5'-11" 7'-9"
x
Master Bed
10'-11" 12'-5"x
Master Bed
10'-11" 12'-5"
x
Bed #2
10'-1" 10'-0"x
Bed #2
10'-1" 10'-0"
x
Balcony
4'-10" -9'-9" x
Balcony
4'-10" -9'-9"
x
Bath #2
5'-0" 7'-10" x
Bath #2
5'-0" 7'-10"
x
M. Bath
10'-4" 8'-4"
x
Bed #3
10'-0" 10'-1"x
Bed #3
10'-0" 10'-1"
x
Balcony
4'-10" -9'-9"x
Balcony
4'-10" -9'-9"
x
Bed #2
10'-1" 10'-0"
x
Master Bed
10'-11" 12'-5" x
Master Bed
10'-11" 12'-5"
x
Bath #2
5'-0" 7'-10"
x
Bed #3
10'-0" 10'-1"x
Bed #3
10'-0" 10'-1"
x
M. Bath
10'-4" 8'-4"
x
M. Bath
10'-4" 8'-4"
x
Balcony
5'-11" 7'-9"x
Balcony
5'-11" 7'-9"
x
Master Bed
10'-11" 12'-5"x
Master Bed
10'-11" 12'-5"
x
Bed #2
10'-1" 10'-0"
x
Bed #2
10'-1" 10'-0"
x
Balcony
4'-10" -9'-9"x
Balcony
4'-10" -9'-9"
x
Bed #3
10'-0" 10'-1"
x
M. Bath
10'-4" 8'-4"
x
Balcony
5'-11" 7'-9"
2040
H
x
Bed #2
10'-1" 10'-0"
x
Balcony
5'-11" 7'-9"x
Balcony
5'-11" 7'-9"
x
Bath #2
5'-0" 7'-10" x
Bath #2
5'-0" 7'-10"
32'-6"6'-4"
21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8" 173'-11"
6'-4" 32'-6"
2050
H
2050
H
2050
H
3036
4040
50405040
40404040
50405040
40404040
50405040
40404040
50405040
4040
3036
2040
H
2050
H
2050
H
2050
H
x
Garage
20'-0" 21'-1"x
Garage
20'-0" 21'-1"x
Garage
20'-0" 21'-1"
x
Garage
20'-0" 21'-1"
x
Garage
20'-0" 21'-1"
x
Garage
20'-0" 21'-1"x
Garage
20'-0" 21'-1"
x
Garage
20'-0" 21'-1"
x
Living
13'-1" 12'-0"
x
Kitchen/Dine
10'-10" 9'-0"
x
Living
13'-1" 12'-0"
x
Kitchen/Dine
10'-10" 9'-0"
x
Kitchen/Dine
10'-10" 9'-0"
x
Living
13'-1" 12'-0"
x
Living
13'-1" 12'-0"
x
Kitchen/Dine
10'-10" 9'-0"
x
Kitchen/Dine
10'-10" 9'-0"
x
Living
13'-1" 12'-0"
x
Living
13'-1" 12'-0"
x
Kitchen/Dine
10'-10" 9'-0"
x
Kitchen/Dine
10'-10" 9'-0"
x
Living
13'-1" 12'-0"
x
Living
13'-1" 12'-0"
x
Kitchen/Dine
10'-10" 9'-0"

FIRE RAISER RM

ELECTRICAL ROOM
21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8" 1" 21'-8" 173'-11"
37'-0"1'-6"2'-6"
1" AIR (TYP.)
x
Powder
6'-1" 5'-7"x
Powder
4'-7" 5'-7"x
Powder
4'-7" 5'-7"x
Powder
4'-7" 5'-7"x
Powder
4'-7" 5'-7"x
Powder
4'-7" 5'-7"x
Powder
4'-7" 5'-7"x
Powder
4'-7" 5'-7"
C 2020 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.

LICENSED ARCHITECT

STATE OF CA L I FORNIA
Douglas A ndresen
C-14504
12-31-23

RENEWAL
DATE
C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI - Access\Projects\3_Projects 2010-2019\2017\17-2955 Sterling Ave - 28-Units\Revit\17-2955 Sterling Apts - 2021 (New_Site).rvt 6/14/2022 8:18:44 AM
PL4.1Bldg. 3 - Plans
Proposed 27-Unit Apartment Complex for:

Mike Mahmoudi
10 Jun. 2022
17-2955
3164 N Sterling Ave, San Bernardino, CA 92404
1/8" = 1'-0"
Roof Plan - Bldg. 3
1/8" = 1'-0"
Second Floor Plan - Bldg 3
1/8" = 1'-0"
First Floor Plan - Bldg 3

Packet Pg. 114

FACP
5050
5050
5050
5050
5050 5050
4046
5050 5050
3040
x
Recreational
21'-0" 28'-9"
x
Vestibule
15'-3" 7'-0"
x
Men
9'-3" 7'-0"
x
Women
9'-3" 7'-0"
x
Riser Room
3'-2" 4'-11"
x
Electrical/Mechanical
3'-10" 4'-11"
x
Shower / Changing
9'-2" 5'-2"
45'-0"
36'-6"
17'-6" 6'-0" 13'-0"
7'-0"31'-0"3'-6"3'-6"
M3 M6
M2
M2
M8
M2
M1
M3
M6
M9
10'-1"
M3 M2 M3 M4
M6
M1M8
M2
404650505050
16'-11"
10'-1"
First Floor
M3 M2
M8 M2M1
10'-1"
5050505050505050
M3
First Floor 10'-1"
M3
M9
M2M4 M2
M1 M3
M6
M2
M2
3040
5050 5050
M3
5:125:12
5:12 5:12
5:12
5:125:12
5:12
RIDGE
VALLEY
VAL
LEY
RIDGE
RIDGE
VAL
LEY
VALLEY
RIDGE
RIDGE
C 2020 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.

LICENSED ARCHITECT

STATE OF CA L I FORNIA
Douglas A ndresen
C-14504
12-31-23

RENEWAL
DATE
C:\Users\AbrahamEsquivel\Andresen Architecture Inc\AAI - Access\Projects\3_Projects 2010-2019\2017\17-2955 Sterling Ave - 28-Units\Revit\17-2955 Sterling Apts - 2021 (New_Site).rvt 6/14/2022 8:18:54 AM
PL5
Recreation
Building
Proposed 27-Unit Apartment Complex for:

Mike Mahmoudi
10 Jun. 2022
17-2955
3164 N Sterling Ave, San Bernardino, CA 92404
Material Legend - Elevation
M
ark Name/Description Manufacturer Model
M1 ROOF TILES BORAL "CASA GRANDE BLEND" BARCELONA PROFILE M2 FASCIAL/TRIM DUNN EDWARDS - PAINT "EXPRESSO MACCHIATO" DET680 M3 MAIN COLOR DUNN EDWARDS - PAINT "PUEBLO WHITE" DET675 M4 ENTRY DOOR DUNN EDWARDS - PAINT "CHERRY COLA" DEA156 M5 GARAGE DOOR DUNN EDWARDS - PAINT "WHITE PICKET FENCE" DET648 M6 STONE VENEER BORAL CULTURED STONE "HIGH DESERT" USED BRICK PROFILE M7 HORIZONTAL SIDING DUNN EDWARDS - PAINT DE6214
M8 RAKE SIDING DUNN EDWARDS - PAINT "PUEBLO WHITE" DET675 M9 SHUTTERS & GUARDRIALS DUNN EDWARDS - PAINT NIGHT NIGHT "DE5937" 1/8" = 1'-0"
Floor Plan - Recreational Bldg.
3/16" = 1'-0"
North Elevation - Front
3/16" = 1'-0"
East Elevation - Left
3/16" = 1'-0"
South Elevation - Rear
3/16" = 1'-0"
West Elevation - Right
1/8" = 1'-0"
Roof Plan - Recreational

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1 September 12, 2022

Honorable Mayor and Members of the City Council
City of San Bernardino
290 North D Street
San Bernardino, CA 92401

Subject: Development Permit Type P 20 -08 (APN 0272 -372-59), A pplicant’s Responses to Appeal filed by Mr. Neil Perry of Pine Ridge Villas Condominium

Dear Mayor and Councilmembers:

I am writing in connection with the Appeal Application filed by Neil Derry (“Mr. Derry”) in connection with the Planning Commission’s approval of my proposed development at 3164 Sterling Avenue (the “Subject Property”), and in particular, the Planning Commission’s Resolution No. 2022-038-PC dated July 12, 2022 whereby the Planning Commission approved Development Permit Type-P 20-08 (the “Resolution”) for the development of the Subject Property.

To provide some factual background, on July 12, 2022, the Planning Commission, by way of a 4- 3 vote, passed the Resolution approving the Development Permit Type -P 20- 08 for a 27- unit multi-family residential complex on approximately 2.38 acres of vacant land (the “Project”) .

Subsequently, on July 27, 2022, Mr. Derry, an owner of a residential condominium in the neighboring Pine Ridge Villas, submitted an Appeal Application of the Resolution. As a result, this matter is now in the hands of the City Council, and we are respectfully requesting that the City Council deny Mr. Derry’s Appeal Application and uphold the Resolution of the Planning Commission. City Staff is also continuing to recommend this Project for approval.

Before we respond to each of Mr. Derry ’s contentions in his Appeal Applicatio n, it is worth pointing out that the propo sed P roject will be an aest hetically pleasing addition to the surrounding neighborhood, and we hope that this Project will inspire additional development in the area. There are no findings to the effect that the proposed P roject would have an adverse impact on public, health and safety. In addition, this Project will be gated, secured, and will have onsite property management 24/7.

As the Applicant, I have read the several reasons upon which Mr. Derry bases his Appeal. I would like to take this opportunity to respond to the issues he raises therein as follows:

Appeal Contention No. 1: Mr. Derry incorrectly asserts that the Subject Property is part of the Pine Ridge Villas Condominium Development. Specifically, Mr. Derry states that “the 2.38 acre lot has always been part of the Pine Ridge Villas Condominium development, . . . and remains so today.” Mr. Derry goes on to state that the Property “was approved as part of our condominium

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2 development in the 1970’s to share the parking, access, services, community amenities and financial obligations of the entire condominium project.”

Response: With all due respect, Mr. Derry is wrong. The original developer in the 1970’s, Gilano Development Corporation, Inc. (the “Developer”), divided the proposed Pine Ridge Villas into two phases (Parcel Map 6209, P arcels 1 and 2 ). The Developer built the first phase , Parcel 1 (Tract 10235), which is where Mr. Derry resides . The Developer never constructed the contemplated second phase, Parcel 2 (Tract 10597), which is now the Subject Property in question, and which has stayed vacant sin ce the first phase was completed over 40 years ago . According to the operative CC&Rs for Pine Ridge Villas, recorded on October 1, 1980 ( Doc. No. 80 -222066), the first paragraph states, in part, that “Declarant hereby revokes all declarations heretobefore executed and recorded and declares that the herein declaration supersedes all such prior declarations.” As such, the prior CC&Rs recorded on January 18, 1980 (Doc. No. 80-015959) are of no legal force or effect. Attached hereto as Exhibit 1 are operative pages from the CC&Rs.

The operative CC&Rs (Doc. No. 80-222066) make it clear that the Property is absolutely not part of Pine Ridge Villas, nor is the Property subject to the Pine Ridge Villas’ CC&Rs. Section 17 of the CC&Rs is titled “Annexation of Additional Property,” and Section 17.1 is titled (and sets forth the) “Procedure for Annexation” as follows:

“The real property described in Exhibit B [i.e., the Subject Property] or any portion thereof may be annexed to this Declaration upon the written election of the declarant (or by the successors in title to such real property) made at any time and from time to time within three (3) years following the original issues of a final subdivision public report by the California Commissioner of Real Estate for the first phase of the development. Such election shall be made by the recording of a supplement to this declaration (the “Supplement”). . . . Upon filing the Supplement in accordance with the provisions of this declaration, the real prope rty described in the Supplemental shall be subject to the provisions of this declaration, and to the rights and powers of the Association pursuant to the terms of this declaration, the articles and the by -laws, and thereafter all of the owners of condominiums constituting a portion of said annexed real property shall automatically be members of the Association.”

See Exhibit 1.

What Mr. Derry fails to acknowledge in his appeal is that the Subject Property was never annexed into the Pine Ridge Villas, as it has simply sat vacant for the past 40-plus years. As such, Pine Ridge Villas is a stand -alone multi -family project with its own HOA, guest parking, and common open space and amenities. The Subject Property has nothing to do with Pine Ridge Villas, and the residents of Pine Ridge Villas have no rights to do anything on the Subject Property.

Attached as Exhibit 2 are photos of how the Subject Property currently looks. Attached as Exhibit 3 are copies renderings of the proposed Project.

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3 We acquired the Subject Property to develop a similar type of multi- family project , only a modern-day version, which we believe will greatly enhance the surrounding area. The proposed Project is also a stand -alone project. Although not individually owned condominium s, the Project, once completed, will be managed by a professional property management company and one of the units will be dedicated as housing for an onsite property manager who will reside at the Subject Property full-time. Additionally, the proposed Project will have its own guest parking, and common open space and amenities.

Of equal importance, w e have honored the reciprocal access under Parcel Map 6209 for the shared private drive aisle by reserving 13 -foot wide access as reciprocal access at the west and south sides of the parcel 2 for the benefit of the residents of the Pine Ridge Villas. In short, the dirt area where Pine Ridge residents current park will become an additional paved road 13 -feet in width. When the Project is completed, the residents of Pine Ridge Villas will actually have a fully improved 26-foot wide access to Sterling Ave ne, and their north -south driveway will also double in width by virtue of the improvements that we will have completed. In short, the Project will enhance and increase the size of the common area of Pine Ridge Villas.

Appeal Contention No. 2: Mr. Derry states that “[t]he parcel in question is completely enclosed within the existing and original improvements built by the original developer as part of the complex, including water and sewer utilities, perimeter walls and fencing waste disposal facility, fire suppression, and road infrastructure.”

Response: The Planning Commission approved the proposed Project and imposed conditions of approval requiring the construction of project-related utilities. Specifically, there are conditions related to drainage and flood control , grading and landscaping, onsite utilities, street improvements and dedications, t raffic requirements, and intergrade waste requirements. For example, as part of the Project we will have to construct a new curb, gutter, and sidewalk with ADA compliance and replace the two existing driveways with new driveways according to the present City's public works standards along Sterling Avenue. The proposed Project must provide and construct its own water, sewer, and drainage utilities under the current City's and East Valley Water District's standards. The existing fencing along Sterling Ave is in bad condition and not aesthetically pleasing. The proposed Project will provide an open fencing design with wrought iron and decorative pilasters. Burrtec Waste has reviewed and recommended approval of the proposed Project since the development plans show the construction of two trash enclosure areas for centralized pick -up. The San Bernadino County Fire Department has reviewed and recommended approval of the proposed Project with conditions, all of which are acceptable to the Applicant.

Appeal Contention No. 3: Mr. Derry states that “[t]he proposed project specifically violates the Owner’s Certificate of Parcel Map N o. 6209, the reservation of reciprocal easements of use between Parcel 1 (Pine Ridge Villas Condominium Project) a nd Parcel 2 (propose d 27 -unit apartment project) ‘including enjoyment, access, ingress, and egress and drainage ’ as the proposed project walls off and bifurcates parcel 2 from parcel 1, including current shared uses of parcel 2 for ingress, egress, parking and waste disposal and recycling (enjoyment and access).”

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4 Response: The Applicant honored the reciprocal access under Parcel Map 6209 for the shared private drive aisle by reserving 13 -foot wide access as reciprocal access at the west and south sides of the Parcel 2 for the benefit of Parcel 1 (the Pine Ridge Villas). The proposed Project will improve the 26-foot wide access to Sterling Avenue by paving it for the enjoyment and access of all residents of the Pine Ridge Villas. Instead of a solid block wall, the Applicant uses open fencing with wrought iron and decorative pilasters for the proposed P roject, thus creating openness for the benefit of the community as a whole.

Appeal Contention No. 4: Mr. Derry claims that the proposed Project would take away the three dumpsters and would eliminate parking of the residents of the Pine Ridge Villas and block emergency access to Pine Ridge Villas.

Response: Attached as Exhibit 4 is a picture of the three dumpsters in question, which have been illegally placed on the Subject Property, presumably by the Pine Ridge Villas. This is the private property of the Applicant, and Pine Ridge Villas has no right to use the Subject Property as its loading place for Pine Ridge Village trash service. But in any event, and as stated in the responses above (Point 3), the propos ed Project will include the construction of a fully improved 26 -foot wide access to Sterling Ave nue for the enjoyment and access of all Pine Ridge Villas residents.

With all due respect to Mr. Derry, the Pine Ridge Villas Association does not have the legal right to use Parcel 2 as a parking lot or a trash dumping site. The Pine Ridge Villas Association can contact Burrtec regarding the appropriate locations within their community for the placement of trash receptacles, and the additional 13 feet of paved road that the Applicant is providing to the Pine Ridge Villas should more than suffice for both the placement of trash receptacles and emergency access. In fact, the Applicant ’s archi tectural firm, Andresen Architecture , Inc., recently contacted Burrtec to inquire whether the proposed Project would interfere with the Pine Ridge Villas trash service. Burrtec responded that the proposed Project “would not interfere with the neighbor’s services.” A copy of this email exchange with Burrtec is attached hereto as Exhibit

5. Appeal Contention No. 5: Mr. Derry states that “ [t]he proposed development would also eliminate access to two fire hydrants that are currently 27 feet from the centerline and are proposed to be fenced off.”

Response: San Bernardino County Fire Department has reviewed the proposed Project and recommended approval with conditions , which conditions have already been made part of the Resolution. The Applicant is not removing any of the exi sting two fire hydrants and San Bernardino County Fire Department has (and will continue to have ) full access to use the two existing fire hydrants for Pine Ridge Villas. The San Bernardino County Fire Department requires the Applicant to construct two new fire hydrants within the project site for fire prevention and suppression. This will be constructed as part of the Project.

Appeal Contention No. 6: Mr. Derry disagrees with the Planning Department in its analysis that the proposed project is a consistent use with the surrounding "multi -family projects.” In taking this position, Mr. Derry states that “[t]he residential developments directly adjacent to this

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5 project are ALL privately-owend, individual units, and parts {sic} of Home Owner Associations run by the residents.”

Response: Mr. Derry’s contention is simply not true. The Terrace Village Apartments – which are all residential rental apartments – are located immediately to the west and the north of the Pine Ridge Villas. The Terrace Village apartments essentially surround the Pine Ridge Villas on two of four sides, with Lynwood Drive to the south, and then the Subject Property immediately to the east of the Pine Ri dge Villas. In any event, t he proposed Project consists of 27 two-story units with an attached 2 -car garage. The proposed Project requires on -site improvements such as landscaping, common open space, a recreation room, guest parking , trash enclosure areas, decorative fencing, and project access entry features. The architectural design of the two -story townhouse product features contemporary Craftsman style and details. The proposed Project is consistent with the General Plan land use goals because it offers additional housing in the area, revitalizes vacant properties, and contributes to the neighborhood with its attractive design. The proposed Project is consistent with the City's Housing Element and contributes to the City's Regional Housing Needs Allocation ( RHNA). The proposed Project is consistent with the RM (Residential Medium) Zone and complies with all applicable Development Code standards regarding density, setbacks, building height, parking, and landscaping. The Applicant concurs with the Finding of Facts in the Planning Commission’s Resolution.

Appeal Contention No. 7: Contrary to the findings of the Planning Department and the City ’s Traffic Engineering Divis ion, Mr. Derry contends that an access point off of Sterling Avenue creates “an unsafe condition for both the residents of the proposed project as well as hundre ds of commuters that use Sterline Avenue on a daily basis.”

Response: Today, there are two existing driveways for access, one shared access with Pine Ridge Villas (adjacent to Parcel 1) and one solely for the proposed Project (the Subject Property). The primary entry access into the proposed Project is 45 feet wide and has sufficient turnaround meeting the City’s standards and San Bernardino County Fire Department ’s requirements.

According to the Planning Division ’s S taff Report dated July 12, 2022 , the City’s Traffic Engineering Division stated that there will be no significant impacts on surrounding roadways or intersections since the proposed Project will generate less than 50 trips for am/pm peak. As such, Mr. Derry’s findings are wholly unfounded and appear to be mere speculation.

Appeal Contention No. 8: Mr. D erry requests that the proposed P roject be condition ed as privately owned individual units.

Response: Mr. Derry is asking the C ity Council to take a position that is contrary to the law . A condominium unit is privately owned, but the owner can also use it as a rental unit. California Assembly Bill 31 82 amended Civil Code Section 4740 and added a new section 4741, which prohibits any Common Interest Developments (Condominiums) from prohibiting owners in the rental or lease of the owner’s property. As such, Mr. Derry ’s request is not legally viable. Mr.

Derry also ignores the fact that a number of the privately owned condominiums within the Pine Ridge Villas are likely rented out by their owners to tenants. Is Mr. Derry asking the City to

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EXHIBIT 1

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EXHIBIT 2

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EXHIBIT 3

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EXHIBIT 4

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EXHIBIT 5

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From: SB City Admin <[email protected]>
Sent: Monday, August 15, 2022 3:12 PM
To: Crystal Cardona <[email protected]>
Cc: AAI Administration <[email protected]>
Subject: Re: Inquiry- 3164 N Sterling Ave., San Bernardino, CA

Hello

Your project will not interfere with the neighbors services.

If you need any information regarding services please call our office (909) 804-4222

Thank you
--
Burrtec Waste Industries, Inc.

Customer Service Department

City San Bernardino Division
"We'll take care of it!"
Phone (909)804-4222
Fax (909)889-3710

On Tue, Aug 9, 2022 at 3:51 PM Crystal Cardona <[email protected]> wrote:

Good Afternoon,

I am reaching out regarding a project located at 3164 N. Sterling Ave., San Bernardino, CA.

We received approval from City of San Bernardino to do a 27 Unit Apartment building. We had a couple of questions that we need to provide to the City of San Bernardino regarding the neighbors’ concerns who live in the Pine Ridge Villas regarding trash collection.

• We want to confirm if our project will cause any disruption in trash collection in the area?

• Does Pine Ridge Villas located at 1974 E. Lynwood Dr., San Bernardino have trash enclosures on their property? If they have do not have a Trash Enclosure would the property be able to put a Trash Enclosure on the property if they request one?

• Will the project located at 3164 N. Sterling Ave., affect the trash pickup in the Pine Ridge Villa community?

Crystal Cardona
Project Administrative Coordinator
Andresen Architecture, Inc.
17087 Orange Way
Fontana, CA 92335
Tel: (909) 355-6688 EXT. 152
Email: [email protected]

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City of San Bernardino
290 North D Street
San Bernardino, CA 92401
http://www.sbcity.org

Planning Commission of the City of San Bernardino Page 1 July 19, 2022

MINUTES

FOR THE

PLANNING COMMISSION

OF THE CITY OF SAN BERNARDINO

JULY 12, 2022
BOARD ROOM, 201 NORTH E STREET, 3RD FLOOR

CALL TO ORDER
The Meeting of the Planning Commission of the City of San Bernardino was called to order by Dolores Armstead at 6:06pm July 12, 2022, in the Board Room , 201 North E Street, San Bernardino, CA.

PLEDGE OF ALLEGIANCE

ROLL CALL

Attendee Name Title Status Arrived
Monique Guerrero Commissioner, Ward 1 L @ 6:45p
Amelia S. Lopez Commissioner, Ward 2 P X
Elizabeth Sanchez Commissioner, Ward 3 P X
Larry Quiel Commissioner, Ward 4 P X
Jesus F. Flores Commissioner, Ward 5 P X
Dolores Armstead Commissioner, Ward 6 P X
Ronnie E. Lewis III Commissioner, Ward 7 P X
Vacant Commissioner, Mayor’s Appointee
Harmoni Morales Commissioner, Mayor’s Appointee E
Oliver Mujica Staff Liaison P X

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CONSENT CALENDAR

Chairperson Monique Guerrero
Vice Chairperson Dolores Armstead
Commissioners
Jesus Flores
Ronnie E. Lewis
Amelia Lopez
Harmoni Morales
Larry Quiel
Elizabeth Sanchez

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Regular Meeting Minutes July 12, 2022

Planning Commission of the City of San Bernardino Page 2 July 19, 2022

1. Approval of Draft Minutes

Recommendation: Approve the minutes of the Regular Meeting of June 14 , 2022.

RESULT: APPROVED
MOVER: Commissioner Lewis
SECONDER: Commissioner Flores
ABSTAIN: None
AYES: Lopez, Sanchez, Armstead, Quiel, Flores, and Lewis ABSENT: Guerrero and Morales

PUBLIC HEARINGS

2. Conditional Use Permit 22-02

Subject: A request to allow the development, establishment, and operation of a truck maintenance facility (U -Haul) containing approximately 32,697 square feet on a project site comprised of two (2) parcels containing approximately 4.62 acres.

Address: 1235 E. Baseline Street
Zone: Commercial Heavy (CH)
Environmental Determination: Categorically Exempt, pursuant to §15332 (In- Fill Development Projects) of the State CEQA
Guidelines
Owner: 1235 E. Baseline, LLC
Applicant: Thomas Mitchell
APN: 0278-063-01 and 02
Ward: 1
Recommendation: Staff recommended that the Planning Commission adopt Resolution No. 2022-037 approving Conditional Use Permit 22- 02, based on the Findings of Fact and subject to the recommended Conditions of Approval; and finding the project subject to a Categorical Exemp tion under the California Environmental Quality Act.

RESULT: APPROVED
MOVER: Commissioner Quiel
SECONDER: Commissioner Lopez
ABSTAIN: None
AYES: Lopez, Sanchez, Armstead, Quiel, Flores, and Lewis ABSENT: Guerrero and Morales

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Regular Meeting Minutes July 12, 2022

Planning Commission of the City of San Bernardino Page 3 July 19, 2022

3. Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03

Subject: A request to change the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels containing a total of approximately

3.84 acres and allow the development and establishment of an industrial warehouse containing approximately 89,475 square feet on a property comprised of three (3) parcels containing a total of approximately 4.02 acres.

Address: 791 S. Waterman Avenue
Zone: Office Industrial Park (OIP) and Industrial Light (IL)
Environmental Determination: Mitigated Negative Declaration, pursuant to §15074 (Adoption of a Mitigated Negative
Declaration) of the State CEQA Guidelines
Owner: Amazing 34, LLC
Applicant: Orly Corp.

APN: 0280-021-34, 44, and 47
Ward: 3

Recommendation: Staff recommended that the Planning Commission adopt Resolution No. 2022- 023 forwarding a recommendation to the Mayor and City Council recommending approval Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03, based on the Findings of Fact and subject to the recommended Conditions of Approval; and adoption of the Mitigated Negative Declaration and approval of the Mitigation Monitoring and Reporting Program under the California Environmental Quality Act.

Public Speakers
Rick Yager
Michael Brandke
Jeffrey Scott
Jordan Sisson
During public testimony, new information was presented related to the Mitigated Negative Declaration. Therefore, Oliver Mujica (Planning Division Manager) requested a continuance in order to allow staff the opportunity to address the new information.

RESULT: CONTINUED TO 8/9/22 PLANNING COMMISSION MEETING MOVER: Commissioner Quiel
SECONDER: Commissioner Lewis
ABSTAIN: None
AYES: Lopez, Sanchez, Armstead, Quiel, Flores, and Lewis ABSENT: Guerrero and Morales

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Regular Meeting Minutes July 12, 2022

Planning Commission of the City of San Bernardino Page 4 July 19, 2022

4. Development Code Amendment (Zoning Map Amendment) 2 1-03, Subdivision 21 -09 (Tentative Parcel Map 20430) and Development Permit Type-D 21-15

Subject: A request to change the Zoning District Classification from Commercial General (CG-1) to Industrial Heavy (IH) of one (1) parcel containing approximately 3.94 acres, allow the consolidation of two (2) parcels into one (1) parcel containing a total of approximately 11.07 acres, and allow the development and establishment of a truck terminal facility containing approximately 52,160 square feet.

Address: 5770 N. Industrial Parkway
Zone: Commercial General (CG -1) and Industrial
Heavy (IH)
Environmental Determination: Mitigated Negative Declaration, pursuant to §15074 (Adoption of a Mitigated Negative
Declaration) of the State CEQA Guidelines
Owner: DP Industrial Parkway, LLC
Applicant: Dedeaux Properties
APN: 0266-041-22 and 40
Ward: 6

Recommendation: Staff recommended that the Planning Commission adopt Resolution No. 2022- 024 forwarding a recommendation to the Mayor and City Council recommending approval Development Code Amendment (Zoning Map Amendment) 2 1-03, Subdivision 21- 09 (Tentative Parcel Map 20430) and Development Permit Type-D 21-15, based on the Findings of Fact and subject to the recommended Conditions of Approval; and adoption of the Mitigated Negative Declaration and approval of the Mitigation Monitoring and Reporting Program under the California Environmental Quality Act.

Public Speakers
Jeremy Krout
Hank Mitchell
Thomas Ruiz
Ray Allard
RESULT: NO RECOMMENDATION FOR CITY COUNCIL
MOVER: Commissioner Quiel
SECONDER: Commissioner Sanchez
ABSTAIN: None
AYES: Guerrero, Lopez, Sanchez, and Quiel
NOES: Armstead, Flores, and Lewis
ABSENT: Morales

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Regular Meeting Minutes July 12, 2022

Planning Commission of the City of San Bernardino Page 5 July 19, 2022

5. Development Permit Type-P 20-08

Subject: A request to allow the development and establishment of a twenty - seven (27) unit multi -family residential complex on a parcel containing approximately 2.38 acres.

Address: West side of N. Sterling Avenue, approximately 150 feet south of E. Marshall Boulevard
Zone: Residential Medium (RM)
Environmental Determination: Categorically Exempt, pursuant to §15332 (In- Fill Development Projects) of the State CEQA
Guidelines
Owner/Applicant: Mike Mahmoudi
APN: 0272-371-59
Ward: 4
Recommendation: Staff recommended that the Planning Commission adopt Resolution No. 2022-038 approving Development Permit Type-P 20-08, based on the Findings of Fact and subject to the recommended Conditions of Approval; and finding the project subject to a Categorical Exemption under the California Environmental Quality Act.

Public Speakers:

Neil Derry
Mellace Thomson
Corrine Lamm
Michelle Aguilar
RESULT: APPROVED
MOVER: Commissioner Sanchez
SECONDER: Commissioner Lopez
ABSTAIN: None
AYES: Guerrero, Lopez, Sanchez, and Lewis
NOES: Armstead, Quiel, and Flores
ABSENT: Morales

PLANNING COMMISSION REPORTS / ANNOUNCEMENTS
DIRECTOR’S REPORT

ADJOURNMENT
The meeting adjourned at 8:57 pm.

The next regular meeting of the Planning Commission will be held on Tuesday, August 9, 2022 at 6:00pm in the Board Room located at 201 North E Street, 3 rd Floor, San
Bernardino, California 92401.

By: __________________________
Jessica Nametz

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Appeal 22-02
For Development Permit Type-P 20-08
Presented by David Murray, Deputy Director/City Planner Community & Economic Development Department

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Proposed Project:

Development Permit Type-P 20-08: Development and establishment of a twenty -seven (27) unit multi-family residential complex.

Project Site: West side of N. Sterling Avenue, between E. Marshall Boulevard and E. Lynwood Drive
APN: 0272-372-59
Zone: Residential Medium (RM)
Site Area: 2.38 acres

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Aerial Map:

PROJECT
SITE
E. Marshall BoulevardE. Marshall Boulevard
N. Sterling AvenueN. Sterling Avenue
E. Lynwood DriveE. Lynwood Drive

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Zoning Map:

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Existing Site:

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Existing Site:

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Analysis:

The proposed twenty-seven (27) unit multi-family residential development is consistent with the policies of the City’s General Plan and complies with the standards of the City’s Development Code. “Multi-Family Dwellings” are permitted “by right” in the Residential Medium (RM) zone Site development subject to Development Permit approval by the Planning Commission for residential projects greater than 12 dwelling units or projects abutting a residential use in a residential land use district.

Density:
12 residential dwellings per acre.

Subject property: 2.38-acres allows up to 28 residential dwellings. 27 residential dwellings proposed
Access:

Provided off of N. Sterling Avenue:
45’ wide main driveway (Primary) and a 26’ wide driveway (Secondary – Emergency Vehicle Access Only) Off-Street Parking:

Parking required: 74
Parking provided: 75
(27 units with 2-car garages: 54 standard spaces, 14 covered carport spaces, 6 guest spaces, and 1 handicapped parking space) Landscaping:
-All new landscaping (21,256 square feet) along the project site frontage, within the parking lot area, and required setback areas. -Enhanced dense landscaping and a new six (6) foot high decorative block wall will be provided along the entire west, north and south property lines behind the front setback area to shield the proposed project from the adjacent multi-family residential developments.

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Site Plan:

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Renderings:

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Renderings:

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Landscaping Plan:

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Planning Commission Action:

Planning Commission Action:
§ July 12, 2022 – Staff presented a recommendation of approval to the Planning Commission for Development Permit Type-P 20-08 § The Planning Commission voted to approve the project (4-3) § Resolution No. 2022-038 was adopted, approving Development Permit Type-P 20-08

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Recommendation:

That the Mayor and City Council adopt Resolution No.
2022-206 DENYING Appeal 22-02, thereby upholding
the Planning Commission’s finding the project
categorically exempt under the California Environmental Quality Act and approval of Development Permit Type-P
20-08 allowing the development and establishment of a
twenty-seven (27) unit multi-family residential complex on a parcel containing approximately 2.38 acres, located on the west side of N. Sterling (APN: 0272-372-59),
between E. Marshall Boulevard and E. Lynwood Drive
within the Residential Medium (RM) zone.

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CALIFORNIA NEWSPAPER SERVICE BUREAU
SBS#

D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the SAN BERNARDINO COUNTY SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):

Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com
Jessica Nametz

SAN BERNARDINO CITY DEV SERVICE
300 NORTH D ST #300
SAN BERNARDINO, CA 92418

HRG NOTICE OF HEARING

10.05.22 Legal Ad.
09/24/2022
Publication
Total
$183.20
$183.20
Notice Type:

Ad Description

COPY OF NOTICE
3628010
!A000006123837!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.

NO T ICE O F PUBLIC HEA RING
Not ice is he reby given that the City
of San Be rnard ino Mayor and City
Coun cil will hold a public hearing on
We dnesd ay, Oc tober 5, 2022 at 7:00
p.m. in the Feldheym P ublic
Libra ry, Bing Wong Auditorium, 555
W. 6 th Street, San Bernar d ino,
California 92410, on the following
item(s):

AP PEAL 22 -02 FOR

DE VELO PMENT P ERMIT T YPE -
P 20 -08 -- - An appeal of the Planning
Commi ssion's approval of
Deve lopment Perm it Type -P 20 -08
for the devel opm ent an d
establishment of a twent y -sev en (27)
unit multi -fam ily residential
compl ex on a par cel con taining
appro ximatel y 2.38 acr es. T he
project site is located on the west
side of N. Sterling Avenue (A PN:
0272 -372 -59), betw een E. Marsha ll
Bou levard and E. Lynwoo d Drive,
wi thin the Res idential Medium
(RM) zone.

E nvironmental Deter min ation:

Categorically Exem pt, pursuant to
Section 15332 (In -Fill Devel opme nt
Proj ects) of the State CEQA
Gu ideline s.

Property Owner/Appl icant for DP -P
20 -08: Mi ke Mahmoudi of 3164
Sterling, L LC
Appe alApplican t: N eilDerr y
The Mayor and City Council of the
City of San Bernardino w elcome s
you r par ticipation in eva luating
these items. T he M ayor and City
Counc ilwill rev iew the proposal an d
wi ll consider the pro posed
env ironmental determ ination in
maki ng its decisions. The pub lic is
welco me to speak at the public
hea ring or to submit written
comm ents prior to the hearin g. For
more informa tion, please contac t
the City Clerk'sOf fice by phone at
(909)384 -5002.

If you challenge the resultant action
of the Mayor and City Coun cil in
court, you m ay be limited to raising
only those issues you or someo ne
else raised at the public hearin g
described in thisnotice,or in written
correspondence delivered to the City
Plan ning Division at, or prior to,the
publ ic hearing.
9/24/22
SBS -36 28010#

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4 PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: October 5, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Public Hearing on Proceedings to Form Proposed Community Facilities District No. 2022-1 (Highland/Medical)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1) Adopt Resolution No. 2022-216 of the Mayor and City Council of the City of San Bernardino, California, Establishing Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino, County of San Bernardino, State of California, and the boundaries thereof and approving a Funding Agreement; 2) Adopt Resolution No. 2022-217 of the Mayor and City Council of the City of San Bernardino, California, Determining the Necessity to Incur a Bonded Indebtedness for Community Facilities District No. 2022-1 (Highland/Medical), Submitting to the Qualified Electors of the Community Facilities District a Proposition to Authorize the Levy of a Special Tax Therein, to Authorize such Community Facilities District to Incur a Bonded Indebtedness Secured by the Levy of a Special Tax Therein to Finance Certain Types of Public Facilities and to Establish an Appropriations Limit for such Community Facilities District and Calling a Special Election for the Community Facilities District on a Proposition for Incurring such Bonded Indebtedness; 3) Adopt Resolution No. 2022-218 of the Mayor and City Council of the City of San Bernardino, California Calling a Special Election and Submitting to the Voters of Community Facilities District No. 2022-1 (Highland/Medical) of the City of San

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4 Bernardino Propositions Regarding the Annual Levy of Special Taxes within the Community Facilities District to Pay Principal of and Interest on Bonds Thereof and to Pay the Costs of Public Facilities and Establishing an Appropriations Limit Therefore; 4) Adopt Resolution No. 2022-219 of the Mayor and City Council of the City of San Bernardino, California Declaring the Results of the Consolidated Special Elections within Community Facilities District No. 2022-1 (Highland/Medical); and 5) Introduce, read by title only and waive further reading of Ordinance No. MC-1599 of the Mayor and City Council of the City of San Bernardino, California, Acting as the Legislative Body of Community Facilities District No. 2022-1 (Highland/Medical), Authorizing the Levy of Special Taxes in such Community Facilities District.

Background
The City has received a petition from PI Properties, LLC (the “Owner”), the owner of APN No. 0143-191-59-0000 (the “Property”) requesting the formation of the proposed community facilities district (the “CFD”), encompassing the Property, to finance:
(a) Acquisition, design, construction of local and regional circulation systems, storm drain improvements, parkland and open space, and sewer and water improvement (the “Facilities”); and
(b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed community facilities district, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed community facilities district, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities.

On July 20, 2022, this City Council approved Resolution Nos. 2022-141 and 2022- 142, which initiated the formation of the CFD, approved the boundaries of the proposed CFD, described the facilities proposed to be financed, proposed a rate and method of apportionment of special taxes and declared the necessity to issue bonds secured by such special tax levy to finance the Facilities. Additionally, the resolutions set forth a public hearing to be held on September 7, 2022.

Due to cancellation of the September 7, 2022, meeting, on August 17, 2022, this City Council approved Resolution Nos. 2022-186 and 2022-187 to amend the date of the public hearing to October 5, 2022.

Discussion
On October 5, 2022, this City Council will hold a public hearing regarding the formation of the proposed CFD and the issuance of bonded indebtedness therein. If a majority of the landowners within the boundaries of the proposed CFD do not register

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4 written or oral protest, then the City Council may consider adopting the following resolutions:

The Resolution of Formation specifies that special taxes will be levied on all parcels of taxable property within the CFD to pay principal of and interest on the bonds of the CFD which will be issued to finance the Facilities. The amounts of the special taxes that may be levied for these purposes are set forth in Exhibit A to the Resolution of Formation. The Resolution of Formation also approves the form of Funding Agreement which sets forth the terms and conditions under which the City will acquire improvements constructed by the developer, Warmington Residential California, Inc. (the “Developer”).

The purpose of the Funding Agreement is to provide for the levy of Special Taxes and the issuance and sale of the Bonds of the District secured by the Special Taxes to finance the design, planning, engineering, financing, installation, and construction of the Public Facilities and expenses incidental thereto.

The Resolution Determining Necessity authorizes the CFD to incur a bonded indebtedness in an aggregate principal amount not to exceed $5,000,000 for the purpose of financing the Facilities as described above and calls a special election for October 5, 2022, on the proposition of the CFD incurring a bonded indebtedness.

The Resolution Calling the Special Election schedules the elections for the CFD with respect to the annual levy of special taxes to pay principal of and interest on bonds of the CFD, with respect to the CFD incurring a bonded indebtedness, and with respect to establishing an annual appropriations limit of $5,000,000.

The City Clerk and the Owner have consented to hold the election on October 5, 2022. The County of San Bernardino Registrar of Voters has certified that there are no registered voters within the boundaries of the CFD. Following the adoption of the Resolution Calling the Special Election, the City Clerk will conduct the election and declare the election results.

Following the election, the City Council may adopt the Resolution Declaring Results of the Election which declares the results of the election. If the results are in favor of the levy of special taxes within the CFD and the incurrence of bonded indebtedness therein, the City Council may call for the first reading of the Ordinance Levying Special Taxes which authorizes the levy of special taxes within the CFD. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensuring that the City is clean and attractive and provide infrastructure designed for long-term economic growth.

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4 Fiscal Impact
There is no fiscal impact to the City as the costs for formation of the CFD is paid through a deposit provided by the Developer, and on-going administrative costs are paid through the levy of special taxes within the CFD.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1) Adopt Resolution No. 2022-216 of the Mayor and City Council of the City of San Bernardino, California, Establishing Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino, County of San Bernardino, State of California and the Boundaries Thereof and Approving a Funding Agreement; 2) Adopt Resolution No. 2022-217 of the Mayor and City Council of the City of San Bernardino, California, Determining the Necessity to Incur a Bonded Indebtedness for Community Facilities District No. 2022-1 (Highland/Medical), Submitting to the Qualified Electors of the Community Facilities District a Proposition to Authorize the Levy of a Special Tax Therein, to Authorize such Community Facilities District to Incur a Bonded Indebtedness Secured by the Levy of a Special Tax Therein to Finance Certain Types of Public Facilities and to Establish an Appropriations Limit for such Community Facilities District and Calling a Special Election for the Community Facilities District on a Proposition for Incurring such Bonded Indebtedness; 3) Adopt Resolution No. 2022-218 of the Mayor and City Council of the City of San Bernardino, California Calling a Special Election and Submitting to the Voters of Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino Propositions Regarding the Annual Levy of Special Taxes within the Community Facilities District to Pay Principal of and Interest on Bonds Thereof and to Pay the Costs of Public Facilities, the Incurring of a Bonded Indebtedness by the Community Facilities District and Establishing an Appropriations Limit Therefore; 4) Adopt Resolution No. 2022-219 of the Mayor and City Council of the City of San Bernardino, California Declaring the Results of the Consolidated Special Elections within Community Facilities District No. 2022-1 (Highland/Medical); and 5) Introduce, read by title only and waive further reading of Ordinance No. 1594 of the Mayor and City Council of the City of San Bernardino, California, Acting as the Legislative Body of Community Facilities District No. 2022-1 (Highland/Medical), Authorizing the Levy of Special Taxes in such Community Facilities District.

Attachments
Attachment 1 Resolution 2022-216 Formation
Attachment 2 Resolution 2022-217 Determining Necessity to Incur a Bonded Indebtedness
Attachment 3 Resolution 2022-218 Calling a Special Election

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4 Attachment 4 Resolution 2022-219 Declaring the Results of the Consolidated Special Elections
Attachment 5 Ordinance No. MC-1599 Authorizing the Levy of Special Taxes Attachment 6 CFD Report
Attachment 7 Funding Agreement
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

On July 20, 2022, the Mayor and City Council adopted Resolution No. 2022-141, Declaring Intention to Form Community Facilities District No. 2022-1 (Highland/Medical), and Resolution No. 2022-142, Declaring Necessity for Community Facilities District No. 2022-1 (Highland/Medical) to Incur a Bonded Indebtedness.

On August 17, 2022, the Mayor and City Council adopted Resolution No. 2022-186, Amending and Supplementing the Resolution Declaring Intention, and Resolution No. 2022-187, Amending and Supplementing the Resolution Declaring Necessity, to amend the date of the public hearings called by both resolutions to October 5, 2022.

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Resolution No. 2022-216
RESOLUTION NO. 2022-216

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ESTABLISHING COMMUNITY FACILITIES DISTRICT
NO. 2022-1 (HIGHLAND/MEDICAL) OF THE CITY OF

SAN BERNARDINO, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA, AND THE BOUNDARIES

THEREOF AND APPROVING A FUNDING AGREEMENT
WHEREAS, on July 20, 2022, the City Council (the “City Council”) of the City of San Bernardino (the “City”) adopted the Resolution of Intention (the “Resolution of Intention”) stating that a community facilities district to be known as “Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino, County of San Bernardino, State of California” (“CFD No. 2022-1”), is proposed to be established pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”), and fixing the time and place for a public hearing on the formation of CFD No. 2022-1 for September 7, 2022; and
WHEREAS, on August 17, 2022, the City Council adopted a Resolution Amending and Supplementing the Resolution of Intention to amend the date of the public hearing on the proposed formation of CFD No. 2022-1 from September 7, 2022 to October 5, 2022; and WHEREAS, CFD No. 2022-1 is proposed to be established for the purpose of financing the public facilities which are necessary to meet increased demands placed upon the City as a result of the development of the property within CFD No. 2022-1 and the financing of the acquisition, design, construction of local and regional circulation systems, storm drain improvements, parkland and open space, and sewer and water improvements, and it is proposed that CFD No. 2022-1 will be authorized to issue bonds and incur a bonded indebtedness for the purpose of financing such Facilities in the aggregate principal amount of $5,000,000; and WHEREAS, notice was published and mailed to the owner of all of the property in CFD No. 2022-1 relative to the intention of the City Council to establish CFD No. 2022-1, the levy of special taxes therein, the provision of public facilities therein and the incurring of a bonded indebtedness by CFD No. 2022-1 for the purpose of financing such public facilities, and of the time and place of the public hearing; and
WHEREAS, there has been presented to the City Council an agreement entitled “Funding Agreement” (the “Funding Agreement”) to be entered into between the City, on behalf of CFD No. 2022-1, and Warmington Residential California, a California corporation; and WHEREAS, on October 5, 2022, the City Council conducted the public hearing as required by law relative to the formation of CFD No. 2022-1, the levy of special taxes therein, the provision of public facilities therein, and the incurring of a bonded indebtedness by CFD No. 2022-1; and

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Resolution No. 2022-216
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7 WHEREAS, prior to the commencement of the public hearing there was filed with the City Council a report (the “Report”) containing a description of the public facilities required to adequately meet the needs of CFD No. 2022-1, and an estimate of the fair and reasonable costs of providing such public facilities, as required by Section 53321.5 of the Act; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of CFD No. 2022-1, the levy of the special taxes therein, the provision of public facilities therein, and the incurring of the bonded indebtedness thereby were heard, and a full and fair hearing was held; and
WHEREAS, at the public hearing evidence was presented to the City Council on the matters before it, and the City Council, at the conclusion of the hearing, was fully advised as to all matters relating to the formation of CFD No. 2022-1, the levy of the special taxes therein, the provision of public facilities therein, and the incurring of the bonded indebtedness therefor; and WHEREAS, the City Council may, therefore, proceed to establish CFD No. 2022-1; and WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of San Bernardino that there are no persons registered to vote in the territory of CFD No. 2022-1.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. Findings. The City Council finds as follows:
(a) All of the preceding recitals are true and correct; (b) On October 5, 2022, pursuant to notice thereof duly given as provided by law, the City Council conducted a public hearing with respect to the formation of CFD No. 2022-1, and the incurring of bonded indebtedness by and for CFD No. 2022-1 and the annual levying of specified special taxes on the taxable property within CFD No. 2022-1 to pay principal of and interest on bonds to be issued by and for CFD No. 2022-1 to finance the Facilities and other obligations which are described in Section 3(a) hereof; (c) The boundary map of CFD No. 2022-1 was recorded on July 26, 2022, pursuant to Sections 3111 and 3113 of the California Streets and Highways Code, at page 42 in Book 90 of Maps of Assessment and Community Facilities Districts, and as Instrument No. 2022- 0258073 in the official records of the County of San Bernardino; (d) All prior proceedings with respect to the formation of CFD No. 2022-1 prior to and during the public hearing with respect to the formation of CFD No. 2022-1 which was conducted by the City Council on October 5, 2022, were valid and in conformity with the requirements of the Act;
(e) No written protests were received, at or prior to the time of the public hearing, against the formation of CFD No. 2022-1, or the levying of the special taxes, or the incurring of a bonded indebtedness by CFD No. 2022-1, or the furnishing of specified types of public

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Resolution No. 2022-216
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7 facilities, and the special taxes and public facilities have, therefore, not been eliminated by majority protest pursuant to Section 53324 of the Act;
(f) The City Council is, therefore, authorized to adopt a resolution of formation pursuant to Section 53325.1 of the Act for the formation of Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino, County of San Bernardino, State of California, and CFD No. 2022-1 should be established; and (g) Twelve (12) persons have not been registered to vote within the territory of CFD No. 2022-1 for each of the 90 days preceding the close of the public hearing on October 5, 2022, and pursuant to Section 53326 of the Act, the vote in the Consolidated Special Elections (defined below) provided for in Section 10 hereof shall, therefore, be by the landowners of CFD No. 2022-1 whose property would be subject to the special taxes if they were levied at the time of the elections, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within CFD No. 2022-1 which would be subject to the proposed special taxes if they were levied at the time of the elections.

SECTION 2. Formation of District. Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino, County of San Bernardino, State of California, is hereby established. The boundaries of CFD No. 2022-1 are set forth and shown on the map entitled “Proposed Boundary Map - Community Facilities District No. 2022-1 (Highland/Medical) City of San Bernardino, County of San Bernardino, State of California,” which is on file with the City Clerk, and those boundaries are hereby established.

SECTION 3. Types of Facilities; Incidental Expenses.

A general description of public facilities proposed to be acquired or constructed and financed by CFD No. 2022-1 (the “Facilities”) include but are not limited to:
(a) Acquisition, design, construction of local and regional circulation systems, storm drain improvements, parkland and open space, and sewer and water improvements; and
(b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed CFD No. 2022-1, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed CFD No. 2022-1, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities (the “Incidental Expenses”).

SECTION 4. Special Taxes. Except where funds are otherwise available, a special tax sufficient to finance the Facilities and related Incidental Expenses (the “Special Taxes”), secured by the recordation of a continuing lien against all taxable or nonexempt property in CFD No. 2022-1, shall be annually levied within CFD No. 2022-1.

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Resolution No. 2022-216
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7 Under no circumstances will the Special Tax levied in any fiscal year against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within CFD No. 2022-1 by more than 10 percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit or the equivalent for private residential use is issued for such parcel.

For further particulars as to the rate and method of apportionment of the Special Taxes to be levied on parcels of taxable property in CFD No. 2022-1 reference is made to the attached and incorporated Exhibit “A” (the “Rate and Method”) which sets forth in sufficient detail the rate and method of apportionment of the Special Taxes to allow each landowner or resident within each CFD No. 2022-1 to clearly estimate the maximum amount that such person will have to pay.

The conditions under which the obligation to pay the Special Taxes may be prepaid and permanently satisfied are as set forth in the Rate and Method.

Pursuant to Section 53340 of the Act, said Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that CFD No. 2022-1 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessor’s parcels as permitted by the Act.

Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Taxes shall attach to all non-exempt real property in CFD No. 2022-1, and that lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien is canceled in accordance with law or until collection of the Special Taxes ceases.

SECTION 5. Exempt Properties. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments shall be exempt from the levy of Special Taxes.

SECTION 6. Report. The Report is hereby approved and is made a part of the record of the public hearing regarding the formation of CFD No. 2022-1, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.

SECTION 7. Repayment of Funds Advanced or Work-in-Kind. Pursuant to Section 53314.9 of the Act, the City Council proposes to accept advances of funds or work-in-kind from private persons or private entities and to provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including but not limited to, paying any costs incurred by the City in creating CFD No. 2022-1, and to enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind to repay funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council.

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Resolution No. 2022-216
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7 SECTION 8. Prohibition of Owner Contracts. Pursuant to Section 53329.5 of the Act, the City Council finds that the public interest will not be served by allowing the owners of property within CFD No. 2022-1 to enter into a contract in accordance with subdivision (a) of that section, and that such owners shall not be permitted to elect to perform the work and enter into a written contract with the City for the construction for the Facilities pursuant to said Section 53329.5.

SECTION 9. Description of Voting Procedures. Except as otherwise provided in this section, the consolidated special elections on the propositions identified below shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, insofar as they may be applicable. The voting procedures to be followed in conducting the consolidated special elections on (i) the proposition with respect to CFD No. 2022-1 incurring a bonded indebtedness, (ii) the proposition with respect to the levy of special taxes on parcels of taxable property within CFD No. 2022-1 to pay the principal of and interest on the bonds of CFD No. 2022-1, and (iii) the proposition with respect to establishing an appropriations limit for CFD No. 2022-1 in the amount of $5,000,000 (the “Consolidated Special Elections”) shall be as follows:
(a) The Consolidated Special Elections shall be held on the earliest date, following the adoption by the City Council of this resolution, the resolution determining the necessity for CFD No. 2022-1 to incur a bonded indebtedness pursuant to Section 53351 of the Act, and a resolution pursuant to Section 53326 of the Act submitting to the qualified electors of CFD No. 2022-1 the propositions with respect to (i) CFD No. 2022-1 incurring a bonded indebtedness, (ii) the levy of special taxes to pay the principal of and interest on the bonds of CFD No. 2022-1, and (iii) establishing an appropriations limit for the community facilities district to the qualified electors of the community facilities district, upon which such elections can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within CFD No. 2022-1 and the City Clerk agree and concur is acceptable. (b) Pursuant to Section 53326 of the Act, the Consolidated Special Elections may be held earlier than 90 days following the close of the public hearing if the qualified electors of CFD No. 2022-1 waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(c) Pursuant to Section 53326 of the Act, ballots for the Consolidated Special Elections shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
(d) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolutions calling and consolidating the Consolidated Special Elections, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of that Code, an impartial analysis by the City Attorney

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Resolution No. 2022-216
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7 pursuant to Section 9280 of that Code with respect to the ballot propositions contained in the official ballot, arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the Resolution of Formation provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners who are qualified electors and shall be so stated in the resolution adopted by the City Council calling the Consolidated Special Elections. Such statement, impartial analysis and arguments, if any, shall be prepared by the City Attorney. (e) The official ballot to be mailed or delivered by the City Clerk or her designee to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner- voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within CFD No. 2022-1. (f) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(g) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by the hour on the date of the election which is specified by the City Council in the resolution calling the Consolidated Special Elections for the receipt of voted ballots; provided that if all qualified voters have voted, the elections shall be closed with the concurrence of the City Clerk. (h) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the Consolidated Special Elections, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

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7 The procedures set forth in this section for conducting the consolidated special elections, if they are held, may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.

SECTION 10. Funding Agreement. The Funding Agreement is approved and the City Manager and the City Clerk are authorized to execute and deliver the Funding Agreement on behalf of the City in the form presented to the City Council at the meeting at which this resolution is adopted, with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof.

SECTION 11. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (“CEQA”) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 12. 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 13. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and Attested by the City Clerk this 5th day of October, 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, City Clerk
Attest:

Sonia R. Carvalho, City Attorney

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Resolution No. 2022-216
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-216, adopted at a regular meeting held on the 5th day of October, 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2022.
______________________________
Genoveva Rocha, City Clerk

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EXHIBIT A

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (HIGHLAND/MEDICAL)

OF THE CITY OF SAN BERNARDINO
A Special Tax (all capitalized terms not otherwise defined herein are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino ("CFD No. 2022-1"). The amount of Special Tax to be levied in each Fiscal Year, on an Assessor’s Parcel, shall be determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2022-1 by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family Residential Property with a stand-alone Residential Unit.
"Acre” or “Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or reasonably estimated costs related to the administration of CFD No. 2022-1, levy on the Special Tax therein and payment of debt service on the outstanding Bonds, including but not limited to, the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2022-1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2022-1 or any designee thereof of complying with continuing disclosure requirements of the City, CFD No. 2022-1 and any major property owner associated with applicable federal and state securities laws and the Act; litigation related to or arising out of CFD No. 2022-1; legal costs; compliance with continuing disclosure undertakings, the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special

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Taxes; the costs of the City, CFD No. 2022-1 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2022- 1 for any other administrative purposes of CFD No. 2022-1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
"Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Tax within CFD No. 2022-1 have been pledged. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD.
"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.

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"Calendar Year" means the period commencing January 1 of any year and ending the following December 31.
"CFD” or “CFD No. 2022-1" means Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino established by the City under the Act. “CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes.
“City” means the City of San Bernardino, State of California. "City Council" means the City Council of the City of San Bernardino, acting as the Legislative Body of CFD No. 2022-1, or its designee.
“Condominium Plan" means a condominium plan pursuant to California Civil Code, Section 6624 et seq.
"County" means the County of San Bernardino, State of California. "Developed Property" means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) o or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 et seq. that creates individual lots for which Building Permits may be issued without further subdivision.
"Fiscal Year" means the period commencing on July 1 st of any year and ending the following June 30th.
“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Category” means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2022-1 in any Fiscal Year on any Assessor’s Parcel.

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“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2. "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.
“Proportionately” means for Taxable Property for Special Tax that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property or Provisional Undeveloped Property. "Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F. "Residential Property" means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA. “RMA" means this Rate and Method of Apportionment of Special Taxes. “Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property on an Assessor’s Parcel. "Special Tax" or “Special Taxes” means any of the special taxes authorized to be levied within CFD No. 2022-1 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve

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funds established under the Indenture in association with the Bonds to the extent that replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year, (v) to cure any delinquencies in the amount of principal or interest on the Bonds that occurred in a previous Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2022-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Taxable Property" means all Assessor’s Parcels within CFD No. 2022-1, which are not Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property. "Welfare Exempt Property" means, in any Fiscal Year, all Assessor’s Parcels within the boundaries of CFD No. 2022-1 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.

B. SPECIAL TAX
Commencing Fiscal Year 2022-2023 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement.

C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2022-2023, each Assessor’s Parcel within CFD No. 2022-1 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property.

Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as a Single Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single Family Residential Property shall be further assigned to a Land Use Category based on its Building Square Footage.

In the event that there are parent Assessor’s Parcel(s) for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the lots on which the Residential Unit(s) have been or will be built (in accordance with the Final

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Map or Condominium Plan) on such parent Assessor’s Parcel, the amount of the Special Tax on such parent Assessor’s Parcel shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Tax for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and such amounts shall be levied as Developed Property in accordance with Step 1 and, if applicable, Step 4 of Section E below; and (3) the amount of the Special Tax levy on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of the amount determined in clause (1), less (B) the amount determined in clause (2).

D. MAXIMUM SPECIAL TAX

1. Developed Property
The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax.

The Maximum Special Tax for each Assessor’s Parcel of Non-Residential Property and Multifamily Property shall be the applicable Assigned Special Tax described in Table 1 of Section D.
a. Assigned Special Tax
Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non-Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2022-2023 shall be determined pursuant to Table 1 below.

TABLE 1

ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax Per
Taxable Unit

1. Single Family Residential Property RU Less than 1,800 sq. ft $2,790

2. Single Family Residential Property RU 1,800 sq. ft to 2,000 sq. ft $3,080

3. Single Family Residential Property RU Greater than 2,000 sq. ft $3,209

4. Multifamily Property Acre N/A $49,620

5. Non-Residential Property Acre N/A $49,620

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b. Multiple Land Use Categories
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for each Taxable Unit for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final. c. Backup Special Tax
The Backup Special Tax for an Assessor’s Parcel within a Final Map classified as Single Family Residential Property shall be calculated according to the following formula.

B = (U x A) / L
The terms above have the following meanings:

B = Backup Special Tax per Assessor’s Parcel classified as Single Family Residential Property within the Final Map.

U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below.

A = Acreage of net taxable Single Family Residential Property that exists or is expected to exist in such Final Map at the time of calculation, as determined by the Administrator.

L = Number of Assessor’s Parcels of Single Family Residential Property expected to exist after build out in such Final Map at the time of calculation, as determined by the Administrator.

In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be $49,620 per Acre.

Notwithstanding the foregoing, the Backup Special Tax for an Assessor’s Parcel of Developer Property for which a certificate of occupancy has been granted may not be revised.

In the event any superseding Final Map is recorded as a Final Map within the boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be $49,620 per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property or Non-Residential Property.

2. Approved Property
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.

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The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property shall be $49,620 per Acre.

3. Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property shall be $49,620 per Acre.

E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2022-2023 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:

Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement.

Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.

Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for a private residential use has been issued as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%)

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above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

F. EXEMPTIONS
The City shall classify as Exempt Property, in the chronological order in which the property becomes exempt, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 6.46 Acres.

Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 6.46 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 6.46 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.

Welfare Exempt Property shall be exempt from the payment of the Special Tax so long as the property qualifies as a Welfare Exempt Property.

G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:
“CFD Public Facilities” means $4,000,000 expressed in 2022 dollars, which shall increase by the Construction Inflation Index on July 1, 2023, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2022-1, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment. “Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2022-1.
“Construction Inflation Index” means the annual percentage change in the Engineering News- Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction

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Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus public facility costs available to be funded, or that were funded, through existing construction or escrow accounts or funded by the Outstanding Bonds or Special Taxes, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. “Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.

1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved or Undeveloped Property for which a Building Permit has not been issued, and (iv) Assessor’s Parcels of Provisional Undeveloped Property. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel.

Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount shall be calculated as follows (some capitalized terms are defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.

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2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, or Provisional Undeveloped Property to be prepaid, compute the Maximum Special Tax for the Assessor’s Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied the Maximum Special Tax assuming build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid.

4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”).

8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid.

10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the

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Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds.

In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all non-delinquent Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property may be

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partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula:

PP = ((PE –A) x F) +A
These terms have the following meaning:

PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.

With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment Amount for the Assessor’s Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the Assessor’s Parcel pursuant to Section E.

H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2064-2065 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2022-1 Bonds have been paid; (ii) all authorized facilities of CFD No. 2022-1 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2022-1 have been satisfied.

I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022-1 may collect Special Tax at a

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different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.

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Resolution No. 2022-217
Resolution 2022-217
October 5, 2022

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Mayor and City CouncilOctober 5, 2022

Mayor and City Council
October 5, 2022