Preferentially feed on
Brassica, especially
Streptanthus spp.
Year round FED: ND
STATE: ND
Globally imperiled
None. Suitable rocky and
gravel habitats not
present.
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Tentative Tract Map 20421 NATURAL RESOURCES ASSESSMENT, INC.
General Biological Assessment
April 18, 2022 Belmont & Olive ISS22-101 B-28
Resource Habitat and Distribution Activity Period Status Designation Occurrence Probability Delhi sands flowerloving fly
Rhaphiomidas
terminatus
abdominalis
Limited information
suggests this species is
found on "fine, sandy
soils, often with wholly or
partially consolidated
dunes. These soil types
are generally classified as
the "Delhi" series
(primarily Delhi fine
sand)" (U.S. Fish and
Wildlife Service, 1992).
Restricted to western
Riverside and San
Bernardino Counties.
Above ground
emergence
August and
Sep. Not
visible during
the rest of the
year.
FED: END
STATE: ND
None. Suitable soils not
present.
Sensitive Habitats and Plant Communities
Southern California
arroyo chub/Santa
Ana sucker stream
From Mount Rubidoux
downstream to
northeastern Anaheim,
including tributaries,
Chino, Aliso and
Sunnyslope Creeks. Best
habitat found below
Riverside Narrows where
groundwater is forced to
the surface & flows
become more perennial
and stable, Santa Ana
sucker and arroyo chub
are the only native fish
that still occur.
Year round Protected by the
presence of listed
species.
Not present.
Riversidian alluvial
fan sage scrub
Creeks, rivers, canyons
and drainages in
Peninsular and Transverse
Ranges. Riverside, San
Bernardino Counties.
Year round Declining plant
community
Not present.
Southern riparian
scrub
Mid- to large-order
streams below 4,000 feet.
Year round Distribution patchy
due to development
and disturbance.
Not present.
Canyon live oak
ravine forest
Steep, narrow canyons in
steep mountain areas.
Year round Declining plant
community
Not present.
Southern riparian
forest
Steep canyons and
drainages in the foothills
of local mountain ranges.
Year round Declining plant
community
Not present.
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Tentative Tract Map 20421 NATURAL RESOURCES ASSESSMENT, INC.
General Biological Assessment
April 18, 2022 Belmont & Olive ISS22-101 B-29
Resource Habitat and Distribution Activity Period Status Designation Occurrence Probability Southern mixed
riparian forest
Steep canyons and
drainages in the foothills
of local mountain ranges.
Year round Declining plant
community
Not present.
Southern coast live
oak riparian forest
Steep canyons and
drainages in the foothills
of local mountain ranges.
Year round Declining plant
community
Not present.
Southern
cottonwood willow
riparian forest
Steep, narrow and
shallow, broad canyons
and drainages in the
foothills of local mountain
ranges.
Year round Declining plant
community
Not present.
Southern willow
scrub
Small, shallow drainages
leading into larger
streams and rivers.
Year round Declining plant
community
Not present.
Southern sycamore
alder riparian
woodland
Steep, narrow and
shallow, broad canyons
and drainages in the
foothills of local mountain
ranges.
Year round Declining plant
community
Not present.
California walnut
woodland
Present along broad
drainages and alluvial fans
where surface water is
available or where
groundwater is shallow.
Year round Declining plant
community
Not present.
Valley needlegrass
grassland
Flat or gently rolling
terrain of the interior
valleys of southern
California; occasionally
found in mountains on
plateaus and similar level
areas. Declining due to
agricultural and urban
development.
Year round Declining plant
community
Not present.
Coastal and valley
freshwater marsh
Flat or rolling terrain, with
depressions and low spots
at or near water table.
Declining due to draining
and alteration for
agriculture.
Year round,
although size
can change
with available
surface water
and
groundwater
levels.
Declining plant
community
Not present.
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General Biological Assessment
April 18, 2022 Belmont & Olive ISS22-101 B-30
Legend
FED: Federal Classifications
END Taxa listed as endangered
THR Taxa listed as threatened
PE Taxa proposed to be listed as endangered
PT Taxa proposed to be listed as threatened
C2* The U.S. Fish and Wildlife Service (USFWS) revised its classifications of candidate taxa (species, subspecies, and other taxonomic designations). Species formerly designated as "Category 1 Candidate for listing" are now known simply as "Candidate". The former designation of "Category 2 Candidate for listing" has been discontinued. The USFWS will continue to assess the need for protection of these taxa and may, in the future, designate such taxa as Candidates. NRAI has noted the change in species status by marking with an asterisk (*) those C2 candidates that were removed from the list.
C Candidate for listing. Refers to taxa for which the USFWS has sufficient information to support a proposal to list as Endangered or Threatened and issuance of the proposal is anticipated but precluded at this time.
BCC Bird of Conservation Concern
ND Not designated as a sensitive species
STATE: State Classifications
END Taxa listed as endangered
THR Taxa listed as threatened
CE Candidate for endangered listing
CT Candidate for threatened listing
CFP California Fully Protected. Species legally protected under special legislation enacted prior to the California Endangered Species Act.
SSC Species of Special Concern. Taxa with populations declining seriously or that are otherwise highly vulnerable to human development.
SA Special Animal. Taxa of concern to the California Natural Diversity Data Base regardless of their current legal or protected status.
WL Watch list.
ND Not designated as a sensitive species
CNPS: California Native Plant Society Classifications
1A Plants presumed by CNPS to be extinct in California
1B Plants considered by CNPS to be rare or endangered in California and elsewhere 2P Plants considered by CNPS to be rare, threatened or endangered in California, but which are more common elsewhere. 3 Review list of plants suggested by CNPS for consideration as endangered but about which more information is needed. 4 Watch list of plants of limited distribution whose status should be monitored CNPS: Threat Codes (new as of 2006)
.1 Seriously endangered in California (over 80% of occurrences threatened / high degree and immediacy of threat) .2 Fairly endangered in California (20-80% occurrences threatened) .3 Not very endangered in California (<20% of occurrences threatened or no current threats known) Packet Pg. 3419
Tentative Tract Map 20421 NATURAL RESOURCES ASSESSMENT, INC.
General Biological Assessment
April 18, 2022 Belmont & Olive ISS22-101 B-31
Occurrence Probabilities
Occurs Observed on the site during this study or recorded on site by other qualified biologists.
Expected Not observed or recorded on site, but likely to be present at least during a portion of the year.
High Known to occur in the vicinity of the project site. Suitable habitat exists on site.
Moderate Known to occur in the vicinity of the project site. Small areas or marginally suitable habitat exist on site.
Low No reported sightings within the vicinity of the project. Available habitat limited and rarely used.
None Focused surveys did not locate the species, or suitable habitat does not exist on site.
Unknown No data is available on whether species is on or in the vicinity of the site, and information about the species is insufficient to make an accurate assessment of probability occurrence to make an accurate assessment of probability occurrence.
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Appendix C Preliminary Geotechnical Evaluation
Packet Pg. 3421
SoCal Professional
Engineers
Serving all Southern California
229 Cajon St., Ste.#2, Redlands, CA 92373 909.271.3135
SoCal Professional Engineers WO:0842101.00
September 20, 2021
Rene Jacober
Inland Self Storage Management, Inc.
2999 W. Kendall Dr. Suite 208
San Bernardino, CA 92407
SUBJECT: PRELIMINARY GEOTECHNICAL INVESTIGATION
Proposed Twenty-Five Lot, Tentative Tract Map
APN 0261-151-10, +5.3 Acres
Belmont Avenue
San Bernardino, San Bernardino County, California
Work Order No. 0842101.00
Sir:
Pursuant to your authorization, a preliminary geotechnical investigation was conducted on the subject site in accordance with the 2019 California Building Code, Section 1803.5.11. Attached as Plate 1, the Geotechnical Map is a 60-scale, “Tentative Tract Map” prepared by S.D.
Engineering & Associates, indicating the approximate location of the exploration trenches, and pertinent geotechnical information.
Scope of Work
The scope of work performed for this study included the following:
1. Onsite observation and documentation of existing site geometry with respect to the location of the proposed building pads and streets, in the City of San Bernardino.
2. Advancement of seven (7) exploratory trenches/borings to the total depth explored of 15.0- ft (T-1) below the ground surface (bgs) for sample recovery for laboratory testing and observation of subsurface conditions.
3. Engineering analysis of test results to develop specifications for grading and preliminary foundation design.
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4. Research of Geologic literature to develop design specifications for hazards such as seismic shaking and related effects.
5. Preparation of report of findings, including conclusions and recommendations for grading and minimum foundation design.
Introduction
This investigation has been conducted resulting from a 2019 California Building Code Chapter 18 requirement for preliminary geotechnical investigation being conducted for all projects in Seismic Category D. This investigation will address geotechnical conditions existing on the site as they may pertain to the proposed buildings. It is our understanding that the buildings will be typical slab on grade wood or metal framed. Contained herein also are preliminary recommendations for foundation design for the proposed construction.
Site Description
Attached as Plate 1, the “Geotechnical Map” utilized the 60-scale, “Tentative Tract Map” prepared by S.D. Engineering & Associates, California, showing the test location(s) on the site.
The subject site is a vacant 5.3+-acre nearly rectangular shaped parcel that slopes +5% to the southeast. The subject site is located on the south side of Belmont Avenue, city of San Bernardino, San Bernardino County, California. The geographical relationships of the site and surrounding area are depicted on our Site Location Map, Figure 1.
Vegetation onsite was a scattered growth of weeds and grasses. Gradients on the subject site are less than +5% to the southeast.
Proposed Development
It is understanding that the site will be developed as twenty-five single-family residences with associated streets. Attached as Plate 1, the Geotechnical Map utilized the 60-scale, “Tentative Tract Map” prepared by S.D. Engineering & Associates, California, showing the proposed building location on the site. Please refer to Plate 1, Geotechnical Map, for proposed site geometry and location of the proposed building pads. Foundations are anticipated to consist of continuous spread and isolated column footings to carry structural loads.
Field Work
Field work on the site consisted of observation and logging of seven (7) exploratory trenches advanced with a CAT excavator equipped with 24-inch bucket. Representative bulk and in-situ samples of earth materials were obtained for laboratory testing and observing the conditions of the soils on the site. Subsurface exploration of the subject site was performed on September 9, 2021, and the exploratory trench logs are presented in Appendix B. The approximate location of our exploratory trenches is presented on our Geotechnical Map, Plate 1. Observation and sampling of the exploratory trenches were performed by our field personnel, who logged the formational earth materials underlying the site to be Quaternary Aged Young Alluvial Fan Deposits, (map symbol Qyf3), (D. M. Morton & F. K. Miller, 2003). This unit was immediately beneath the undocumented fill and extended to the total depth explored of 15-ft bgs (B-1).
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Laboratory Testing
The results of laboratory testing are presented in Appendix C. It should be noted test results are preliminary and generally representative for the purposes of demonstrating feasibility of design for proposed construction. Additional testing recommended by this report may result in changes of minimum design requirements.
Subsurface Conditions
The Preliminary Geologic Map of the San Bernardino 30’x60’ Minute Quadrangle, (Doug M. Morton & Fred K. Miller, 2003) indicates the formational earth materials underlying the subject site to be Quaternary Aged Young Alluvial Fan Deposits, (map symbol Qyf3). Soils were visually classified according to the Unified Soil Classification System as silty Sand (Unified Soil Classification – SM).
This unit was immediately beneath the undocumented fill and extended to the total depth explored of 12-ft bgs (B-1). A brief description of the geologic units underlying the site that are considered pertinent to proposed development follows:
Undifferentiated Topsoil (Map Symbol – Qut)
Up to approximately 1-ft+ of topsoil across the site. This unit, for the most part, consists of silty Sand (Unified Soil Classification-SM) that can be described as brown, fine grained, gravelly, moist, loose
Young Alluvial Valley Deposits, (map symbol Qya5))
Onsite Quaternary Aged Young Alluvial Fan Deposits, (map symbol Qyf3) (Doug M. Morton & Fred K. Miller, 2003). Soils were visually classified according to the Unified Soil Classification System as silty Sand (Unified Soil Classification – SM) described as light brown silty Sand, fine to course grained, abundant fines, abundant gravel slightly moist, and loose to dense alluvial deposits from 1 to 15-ft. Detailed descriptions of the onsite units are presented on our exploratory trench logs included in Appendix B.
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Groundwater
Groundwater was not encountered within our exploratory trenches, which were advanced to a maximum depth of 15-ft bgs in area of the proposed building pads. Historic high groundwater in the area is reported at depths of +100-ftbgs (Carson & Matti, 1985), Fluctuations can and will likely occur in moisture or free water content of the soil owing to rainfall and irrigation over time. No mottling of the soil was observed. Minor to moderate fluctuations can and will likely occur in moisture or free water content of the soil owing to rainfall and irrigation over time.
Excavation Characteristics
We anticipate that the onsite topsoils and Quaternary Aged Young Alluvial Fan Deposits, (Doug M.
Morton & Fred K. Miller, 2003), can be excavated with moderate ease to moderate difficulty to the proposed depths utilizing conventional grading equipment in proper working condition.
Seismicity
There are no potentially active or inactive faults transecting the site (Doug M. Morton & Fred K.
Miller, 2003). The subject site is not located within the presently defined boundaries of a State of California Alquist-Priolo Earthquake Fault Zone (Hart, 2000) and a County of San Bernardino fault hazard zone (SB County, 2021).
Active fault zones regional to the site include the San Andreas fault (San Bernardino segment), the San Jacinto (San Bernardino segment), and the Cucamonga Fault, Chino Central, which are located 2.5-kilometers north, 4.0-km south, 5.0-km northwest, 11.5-km southwest, respectively.
The following table lists the known faults that would have the most significant impact on the site:
FAULT MAXIMUM PROBABLE
EARTHQUAKE
(MOMENT
MAGNITUDE)
SLIP RATE FAULT
TYPE
San Andreas (San Bernardino
Segment)
(2.5-km N)
7.4 24 mm/year A
San Jacinto (San Bernardino
Segment)
(4.0-km S)
6.7 12 mm/year B
Cucamonga
(5-km NW) 7.0 5 mm/year A
Chino Central
(11.5-km SW) 6.7 1 mm/year A
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2019 California Building Code (CBC) -Seismic Parameters:
Based on the geologic setting and soil conditions encountered, the soils underlying the site are classified as “Site Class D, “Stiff Soil Profile”, according to the CBC. The seismic parameters according to the CBC are summarized in the ASCE 7 Hazards Report presented in Appendix E. The corresponding value for peak ground acceleration from the design response spectrum based on the 2019 CBC seismic parameters is 1.231g.
SEISMIC EFFECTS
Ground Accelerations
The most significant earthquake to affect the property is a 6.9 Richter magnitude earthquake on the San Andres fault zone (San Bernardino segment). Based on Section 1803.5.12 of the 2019 California Building Code, peak ground accelerations modified for site class effects (PGAM) of approximately 1.231g are possible for the design earthquake. The seismic parameters according to the CBC are summarized in the ASCE 7 Hazards Report presented in Appendix E.
Ground Cracks
The risk of surface rupture because of active faulting is considered low based on the location of known active faulting near the site (Doug M. Morton & Fred K. Miller, 2003). Ground cracks can and do appear on sites for a variety of reasons including, but not limited to, strong seismic shaking, imperfections in subsurface strata (either man-made or natural), and the expansive nature of some soils near the ground surface. Therefore, the possibility of minor cracks at the ground surface for the life of the project cannot be fully eliminated.
Landslides
The subject property is in an area of flat gently sloping terrain, with no slopes within 1km of the subject site. The risk of seismically induced landsliding to impact the proposed development is low.
Liquefaction
The site is mapped by San Bernardino County as having no liquefaction susceptibility. Soil liquefaction is the loss of soil strength due to increased pore water pressures caused by a significant ground shaking (seismic) event. Liquefaction typically consists of the re-arrangement of the soil particles into a denser condition resulting, in this case, in localized areas of settlement, sand boils, and flow failures. Areas underlain by loose to medium dense cohesionless soils, where groundwater is within 30 to 40 feet of the surface, are particularly susceptible when subject to ground accelerations such as those due to earthquake motion. The liquefaction potential is generally considered greatest in saturated loose, poorly graded fine sands with a mean grain size (D50) in the range of 0.075 to
0.2mm. Typically, liquefaction has a relatively low potential at depths greater than 45-ft and is virtually unknown below a depth of 60-ft.
Procedures outlined in two publications, 1) The Guidelines for Evaluation and Mitigation of Seismic Hazards in California, Special Publication 117: Department of Conservation, Division of Mines and Geology (1997); and 2) Recommendations for Implementation of DMG Special Publication 117:
Guidelines of Analyzing and Mitigation, Liquefaction Hazards in California: Southern California Packet Pg. 3426
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Earthquake Center University of Southern California (1997), provide for a “screening study” in lieu of a complete liquefaction analysis.
It is our opinion that, owing to the depth to groundwater (+100-ft) and the dense compacted building pad and medium dense Alluvial Deposits underlying the subject site, liquefaction on the subject site is anticipated to be low and further analysis appears to be unwarranted at this time.
Seismically Induced Soil Settlement
The proposed footings are anticipated to be founded in medium dense to dense engineered fill overlying medium dense to dense alluvial deposits. The settlement potential, under seismic loading conditions for these onsite materials, in our opinion, is low.
Seiches and Tsunami
Considering the location of the site in relation to large bodies of water, seiches and tsunamis are not considered potential hazards of the site.
Rockfall Potential
The subject residence is in an area of relatively flat gently sloping terrain with no boulder outcroppings near the subject site. The potential for rockfall is anticipated to be negligible.
CONCLUSIONS AND RECOMMENDATIONS
Conclusions
General
The development of the site as proposed is both feasible and safe from a geotechnical standpoint provided that the recommendations contained herein are implemented during design and construction.
1. According to the 60-scale, “Tentative Tract Map” prepared by S.D. Engineering & Associates, California, the twenty-five proposed building pad and associated streets will be constructed on the site following remedial grading. The subject site is located south of Belmont Avenue and west of Olive Avenue. in the City of San Bernardino, San Bernardino County, California.
2. Observation of excavations indicates that suitable material for support of fill and/or structures is near the surface on the site. Earth materials on the site are also suitable for use as compacted structural fill provided, they are free of demolition debris, organics, oversized and deleterious material.
3. Observation, classification, and testing indicate that the near surface soils “non-Expansive” with an expansion potential (EI=11) consisting of silty Sand (SM).
4. Based on our exploratory trenches, Quaternary Aged Young Alluvial Fan Deposits underlie Packet Pg. 3427
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the topsoil at the ground surface and extended to the total depth explored of 15-ft bgs.
RECOMMENDATIONS
Site Grading
General
The 60-scale, “Tentative Tract Map” prepared by S.D. Engineering & Associates, California, show the proposed building locations on the site. Owing to the flat nature of the subject site, maximum 5-ft high fill and/or cut slopes are anticipated. Cut generated from overexcavation of the site will likely be utilized as fill materials. It is important to note that all imported soils must be observed and approved by the soil engineer prior to use as fill to verify compliance with project specifications and consistency with onsite soils with respect to expansion potential and structural contact pressure.
Site Specific Grading
A representative of this firm shall be present to observe the bottoms of all excavations. A representative of this firm shall be present during all fill placement operations to monitor and test as the earth materials are being placed. This observation and testing are intended to assure compliance with the recommendations of this report as well as project specifications as they relate to earthwork construction, County and State ordinances and Table 1705.6 of the 2019 California Building Code.
Following demolition of the any existing improvements in the area of the proposed building pads and pavement or where structural fill is to be placed, all undocumented fill and loose alluvial soils near the ground surface shall be removed to competent earth, i.e., competent alluvial materials that are free of roots and pinpoint pores. It is anticipated that the building pads will require overexcavation and recompaction. Overexcavation of the building pad should extend a minimum of 5-ft below the existing ground surface, 5-ft below proposed pad grade, or a minimum of 2-ft below the deepest footings, whichever is deepest. Removals should extend to include the entire building pad, the limits of fill or a minimum of 5-ft beyond the building footprint or a distance equal to depth of removal where possible, and whichever is greater. Deep root systems or buried systems may require deeper removals and should be evaluated during demolition and rough grading operations. Exposed bottoms should be suitably processed by moisture conditioning to near optimum moisture content, then compacted in the upper 12-inches to the minimum compaction requirement prior to placing fill.
No structural fill shall be placed within the building area or on any ground without first being observed by a representative of the company providing this report and then providing written certification that the ground is competent and prepared to receive fill.
Onsite soils derived from excavations will be suitable for use as structural fill provided, they are free of large rock (6-inches or larger) and organic debris or construction waste. Approved fill material should be placed in 6 to 8-inch loose lifts, brought to optimum moisture content, and compacted to a minimum of 90% of the maximum laboratory dry density, as determined by the ASTM D 1557-12 test method. No rocks larger than 6-inches in diameter should be used as fill Packet Pg. 3428
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material as they inhibit the compaction process. Rocks larger than 6-inches may be removed or crushed and used as fill material. Rocks larger than 6-inches that cannot be crushed, organic materials, concrete, asphaltic concrete or oil-bearing surface aggregate should be removed from the graded area and in the case of oil-bearing materials, removed and taken to an appropriate dump site that is designed to handle such.
All earthwork should be done in accordance with the specifications contained in Appendix D.
Additionally, it will be the responsibility of the owner and or the grading contractor to provide this firm with schedule information for grading activities that require observation and testing. It is preferred that we have a minimum of 48 hours of notice for such.
It will also be recommended that at the completion of rough grading, additional testing of engineering characteristics such as expansion potential and ancillary testing should take place to determine final design requirements for foundations, slabs and concrete used.
Bearing Value and Footing Geometry
A safe allowable bearing value of 1,800 psf for foundations embedded into observed competent compacted fill soils. Continuous footings, for single-story or equivalent structures should have a minimum width of 15-inches and depth of 12-inches, or for two-story or equivalent structures, should have a minimum width of 15-inches and depth of 18-inches and conform to the minimum criteria of the 2019 CBC for non-expansive soils (EI=<20). The use of isolated column footings is not discouraged, however, where utilized, should have a minimum embedment of 18-inches below lowest soil grade. The minimum distance of the bottom outside edge of all footings and any slope face shall be 5-ft. All footings should be embedded a minimum of 12-inches into observed competent engineered materials, regardless of depth below the adjacent ground surface.
From a Geotechnical standpoint, continuous footings should be reinforced with a minimum of four number 4 steel bars placed two at the top and two at the bottom. In no case should the content of steel in concrete footings be less than the recommended minimums of the appropriate sections of the A.C.I. standards.
Settlement
The bearing value recommended above reflects a total settlement of 0.5-inches and a differential settlement of 0.5-inches within a horizontal distance of 20-ft (L/480). Most of this settlement is expected to occur during construction and as the loads are being applied.
Concrete Slabs
All concrete slabs on grade should be 4 inches thick, minimum. A structural engineer should review the floor loads to provide recommendations for thicker slabs if warranted. They should be underlain by 2-inches of sand or approved non-expansive onsite materials. Imported or approved onsite materials may be utilized for this purpose. Slabs should be reinforced with a minimum of number 3 steel bars placed at the center of thickness at 24-inch centers both ways (CBC 2019).
Contractors should be advised that when pouring during hot or windy weather conditions, they should provide large slabs with sufficiently deep weakened plane joints to inhibit the development Packet Pg. 3429
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of irregular or unsightly cracks. Also, slabs should be jointed in panels not exceeding 8-ft in both directions to augment proper crack direction and development.
Moisture Barrier
When the intrusion of moisture through concrete slabs is objectionable, particularly with interior slabs where flooring is moisture sensitive, a vapor barrier should be installed onto the subgrade prior to the pouring of concrete. It should consist of a minimum 10 mil visqueen lapped and sealed, protected from puncture with 2-inches of sand above and 2-inches of sand below. This is considered a minimum recommendation as there are other devices that provide as good as or better moisture protection. The project architect and or structural engineer may recommend alternative devices for moisture protection.
These are considered minimums and additional requirements may be imposed by other structural engineering design requirements. In addition, at the completion of grading, testing of the near surface soils may indicate that different or more stringent reinforcing schedule minimums may be appropriate.
Careful consideration should be given to the recommendations that will be contained in the final report of compaction test results and foundation design requirements.
Concrete
Based on nearby corrosivity testing, (Sampson & Associates 2018), Type II Portland cement concrete can be utilized for the subject site. Laboratory analysis results, which are included in Appendix C, indicated that the percentage by weight of soluble sulfates were reported as less than 50 (ppm), which equates to a Negligible sulfate exposure per American Concrete Institute (ACI), 318, Table 4.3.1 (2005). Soluble sulfate content testing should be conducted within the building pad at the completion of rough grading to confirm concentration of sulfite ions within the onsite earth materials.
Lateral Loads
The bearing value of the soil may be increased by one third for short duration loading (wind, seismic). Lateral loads may be resisted by passive forces developed along the sides of concrete footings or by friction along the bottom of concrete footings. The value of the passive resistance for level ground may be computed using an equivalent fluid density of 250 pcf for level ground.
The total force should not exceed 2,000 psf. A coefficient of friction of .25 may be used for the horizontal soil/concrete interface for resistance of lateral forces. If friction and passive forces are combined, then the passive values should be reduced by one third.
Earthwork Factors
Shrinkage results when a volume of material removed at one density is compacted to a higher density.
A shrinkage factor of 25 to 30 percent for the upper 0 to 3-ft of the topsoil and upper alluvium, 10 to 15 percent for the deeper alluvial deposits should be anticipated when excavating and compacting the onsite soils to an average relative compaction of 92 percent. An increase in relative compaction, or deeper removals, could correspond to an increase in shrinkage values. Subsidence, as a result of ground preparation, may also be anticipated on the order of 0.15-ft, occurring mostly during site Packet Pg. 3430
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construction.
Cut/Fill Transitions
Based on the recommended overexcavation and recompaction of the proposed building pads (see “Site Specific Grading” section), it is anticipated that any cut-to-fill transitions will be eliminated.
Oversize Rock
Owing to the minor amount of oversize material within our exploratory trenches, little oversize rock is anticipated. If any oversize material is generated during site development, it should be disposed of off-site, utilized in landscaping, or placed in an approved rock fill in accordance with Appendix D of this report.
Utility Trench Backfill
All trench excavations should be conducted in accordance with Cal-OSHA standards as a minimum. The soils encountered within our exploratory trenches are generally classified as Type “C” soil in accordance with the CAL/OSHA (2013) excavation standards. Based upon a soil classification of Type “C”, the temporary excavations should not be inclined steeper than 1.5:1 (h:
v) for a maximum depth of 20-ft. For temporary excavations, deeper than 20-ft or for conditions that differ from those described for Type “C” in the CAL/OSHA excavation standards, the project geotechnical engineer should be contacted.
Utility trench backfill should be compacted to a minimum of 90 percent of the maximum dry density determined in laboratory testing by the ASTM D 1557-12 test method. It is our opinion that utility trench backfills consisting of onsite or approved sandy soils can best be placed by mechanical compaction to a minimum of 90 percent of the maximum dry density. The upper 1-ft of utility trench excavations located within pavement areas should be compacted to a minimum of 95 percent of the maximum dry density.
Fine Grading and Site Drainage
Fine grading of areas outside of the residential structures should be accomplished such that positive drainage exists away from all footings in accordance with 2019 CBC and local governing agency requirements. Run-off should be conducted in a non-erosive manner toward approved drainage devices per approved plans. No run-off should be allowed to concentrate and flow over the tops of slopes.
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Construction
SoCal Professional Engineers, or a duly designated representative, should be present during all earthwork construction in accordance with the standard specifications contained at the back of this report, to test and or confirm the conditions encountered during this study. In addition, post earthwork construction monitoring should be conducted at the following stages:
x At the completion of final grading of the building pads moisture content near optimum will necessarily need to be maintained, both to maintain proper compaction and to prevent wind erosion of the pads.
x At the completion of foundation excavations, but prior to the placement of steel and or other construction materials in them. As a requirement of this report, the undersigned must, in writing, certify that the foundations meet the minimum requirements of this report and the building plans for depth and width along with the earth materials being the appropriate moisture content and compaction. Backfilling of over deepened footings with earth materials will not be allowed and must be poured with concrete. Consequential changes and differences may exist throughout the earth materials on the site. It may be possible that certain excavations may have to be deepened slightly if earth materials are found to be loose or weak during these observations.
x Any other pertinent post construction activity where soils are excavated or manipulated or relied upon in any way for the performance of buildings or hardscape features.
Supplemental Recommendations
If at any time during grading or construction on this site, conditions are found to be different than those indicated in this report, it is essential that the soil engineer be notified. The soil engineer reserves the right to modify in any appropriate way the recommendations of this report if site conditions are found to be different than those indicated in this report. x The earth unit exposed at the surface was observed to be topsoil and loose to medium dense alluvial deposits. It is moderately erosive. It is medium dense at shallow depths, on the order of 10-ft and water percolates well into the onsite soils in their in-situ condition.
x Following grading cuts to 5-ft, or slightly more will stand vertical for normal time periods associated with construction of backcuts for fill slopes or retaining walls. Time periods for unsupported cuts 5-ft or greater vertical should be limited to 60 days in the non-rainy season and 30 days in the rainy season.
Grading and Foundation Plan Reviews
Once grading and foundation plans are finalized, both a Grading Plan and Foundation Plan Reviews should be performed to review plans and confirm that the plans are in general conformance with recommendations presented in this report.
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September 20, 2021
SoCal Professional Engineers WO:0842101.00
Construction Monitoring
Observation and testing by SoCal Professional Engineers is necessary to verify compliance with recommendations contained in this report and to confirm that the geotechnical conditions encountered are consistent with those encountered. SoCal Professional Engineers should conduct construction monitoring during any fill placement and subgrade preparation prior to placement of fill or construction materials.
LIMITATIONS
Our investigation was performed using the degree of care and skill ordinarily exercised, under similar circumstances, by reputable Geotechnical Engineers and Geologists practicing in this or similar localities. No other warranty, expressed or implied, is made as to the conclusions and professional advice included in this report.
The report is issued with the understanding that it is used only by the owner and it is the sole responsibility of the owner or their representative to ensure that the information and recommendations contained herein are brought to the attention of the architect, engineer, and appropriate jurisdictional agency for the project and incorporated into the plans; and the necessary steps are taken to see that the contractor and subcontractors carry out such recommendations contained herein during construction and in the field.
The samples taken and used for testing and the observations made are believed representative; however, soil and geologic conditions can vary significantly between test locations. The evaluation or identification of the potential presence of hazardous or corrosive materials was not part of the scope of services provided by SoCal Professional Engineers, or its assigns.
The findings of this report are valid as of the present date. However, changes in the condition of a property can occur with the passage of time, whether due to natural processes or the works of man on this or adjacent properties. In addition, changes in applicable or appropriate standards may occur, whether they result from legislation or the broadening of knowledge. Accordingly, the findings of this report may be invalidated wholly or partially by changes outside our control. Therefore, this report is subject to review and revision as changed conditions are identified.
The firm that performed the geotechnical investigation for this project should be retained to provide testing observation services during construction to maintain continuity of geotechnical interpretation and to check that the recommendations presented herein are implemented during site grading, excavation of foundations and construction of improvements.
If another geotechnical firm is selected to perform the testing and observation services during construction operations, that firm should prepare a letter indicating their intent to assume the responsibilities of project geotechnical engineer of record. Selection of another firm to perform any of the recommended activities or failure to retain the undersigned to perform the recommended activities wholly absolves SoCal Professional Engineers, the undersigned, and its assigns from all liability arising directly or indirectly from any aspects of this project.
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Belmont Homes
September 20, 2021
SoCal Professional Engineers WO:0842101.00
CLOSURE
We appreciate the opportunity to be of service. Limitations and conditions contained in reference documents are considered in full force and applicable. If you have any questions, please do not hesitate to call our office.
Respectfully submitted,
SoCal Professional Engineers
Khaled S. Farah
Civil Engineer, C-83128
ATTACHMENTS
Figure 1 - Site Location Map (2,000-scale)
Plate 1 - Geotechnical Map (60-scale)
Appendix A - References
Appendix B - Exploratory Trench Logs
Appendix C - Laboratory Test Results
Appendix D – Standards of Grading
Appendix E – ASCE 7 Hazard Report
KHALED
FARAH
Digitally signed by KHALED FARAH
DN: cn=KHALED FARAH, o=SOCAL
PROFESSIONAL ENGINEERS,
[email protected], c=US
Date: 2021.09.20 13:16:38 -07'00'
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SoCal Professional Engineers WO:0842101.00
APPENDIX A
References
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REFERENCES
California Building Standards Commission (CBSC), 2019, “2019 California Building Code, California Code of Regulations, Title 24, Part 2, Volume 2 of 2”.
California Division of Mines & Geology, 1997, “Guidelines for Evaluating and Mitigating Seismic Hazards in California”, Special Publication 117.
California Division of Mines & Geology, 1996, “Probabilistic Seismic Hazard Assessment for the State of California”, DMG Open File Report 96-08, USGS Open File Report 96-706.
California Geological Survey, 2006, “California Fault Parameters”, California Geologic Survey website - Open-file Report 96-08.
Carson, Scott E., and Matti, Jonathan C., 1985, “Contour Map Showing Minimum Depth to Ground Water, Upper Santa Ana River Valley, California, 1973-1979”, USGS Map MF-1802, Sheet 1 of 2, scale: 1: 48,000.
Coduto, Don, P., 1994, "Foundation Design Principles and Practice", Prentice Hall, pages 637-655.
County of San Bernardino, Effective Date January 1, 1994, “San Bernardino County Land Use General Plan”, Map # FH27C, FH30C, FH29C, Scale 1:1,400.
Department of Water Resources Website, 2020, GeoTracker “Groundwater Data Section”.
Hart, E.W., 2000, "Fault-Rupture Hazard Zones in California", California Division of Mines and Geology Special Publication 42, CD-003 (CD-ROM Version).
Jennings, C.W., 1994, Fault Activity Map of California and Adjacent Areas with Locations and Ages of Recent Volcanic Eruptions, California Division of Mines and Geology, Geologic Data Map No. 6.
Meza, Sergio, “Plot Plan, 1329 S. Euclid Avenue, San Bernardino, CA 91762” 1/8”=1’scale ,dated September 15, 2020.
Morton, D.M., & Miller, F.K., 2003, “Preliminary Geologic Map of the San Bernardino 30’ x 60’ Quadrangle, Southern California (Version 1.0)”, U.S. Geological Survey in Cooperation with the U.S. Forest Service and California Geologic Survey, Open-File Report 03-293, Scale:
1”=100,000’.
S.D. Engineering & Associates, “Tentative Tract Map, Belmont Homes, San Bernardino California” dated 2020, sheet 1 of 3 scale 40’=1”.
Sampson & Associates, 2018,” Preliminary Geotechnical Evaluation, proposed (16) Single Family Residences, Tract Map #20043, Located @ 2935 West Belmont Avenue, Between Churchill Street and Plam Avenue, City of San Bernardino, California”, dated March 15, 2018, Project No. 18- 120S.
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APPENDIX B
Exploratory Trench Logs
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LOGGED BY:JRH METHOD OF EXCAVATION: CAT MINI EXCAVATOR DATE OBSERVED:9/9/2021 WITH 24-INCH BUCKET
ELEVATION: + 1759.00 LOCATION: SEE INFILTRATION TEST
LOCATION MAP
DEPTH (FEET)
CLASSIFICATION
BLOWS/FOOT
UNDISTURBED
SAMPLE
BULK SAMPLE
MOISTURE
CONTENT(%)
INPLACE DRY
DENSITY (PCF)
TRENCH LOG NO._5____
DESCRIPTION
SOIL TEST
<
UNDIFFERENTIATED TOPSOIL(Qts) GREY SILTY SAND, FINE GRAINED >
DRY, LOOSE
<
YOUNG ALLUVIAL-FAN DEPOSITS UNIT 3 (Qyf3) SILTY SAND (SM):
>
LIGHT BROWN, FINE TO COARSE GRAINED, SLIGHTLY MOIST, UNCONSOLIDATED 5 DENSER WITH DEPTH
TOTAL DEPTH - 5FT
NO GROUNDWATER
10 15
20 25
30 35
18 40
JOB NO:0842101.00 LOG OF TRENCH FIGURE: B-5
Packet Pg. 3440
LOGGED BY:JRH METHOD OF EXCAVATION: CAT MINI EXCAVATOR DATE OBSERVED:9/9/2021 WITH 24-INCH BUCKET
ELEVATION: + 1757.00 LOCATION: SEE INFILTRATION TEST
LOCATION MAP
DEPTH (FEET)
CLASSIFICATION
BLOWS/FOOT
UNDISTURBED
SAMPLE
BULK SAMPLE
MOISTURE
CONTENT(%)
INPLACE DRY
DENSITY (PCF)
TRENCH LOG NO._6____
DESCRIPTION
SOIL TEST
<
UNDIFFERENTIATED TOPSOIL(Qts) GREY SILTY SAND, FINE GRAINED >
DRY, LOOSE
<
YOUNG ALLUVIAL-FAN DEPOSITS UNIT 3 (Qyf3) SILTY SAND (SM):
>
LIGHT BROWN, FINE TO COARSE GRAINED, SLIGHTLY MOIST, UNCONSOLIDATED 5 DENSER WITH DEPTH
TOTAL DEPTH - 5FT
NO GROUNDWATER
10 15
20 25
30 35
18 40
JOB NO:0842101.00 LOG OF TRENCH FIGURE: B-6
Packet Pg. 3441
LOGGED BY:JRH METHOD OF EXCAVATION: CAT MINI EXCAVATOR DATE OBSERVED:9/9/2021 WITH 24-INCH BUCKET
ELEVATION: + 1782.00 LOCATION: SEE INFILTRATION TEST
LOCATION MAP
DEPTH (FEET)
CLASSIFICATION
BLOWS/FOOT
UNDISTURBED
SAMPLE
BULK SAMPLE
MOISTURE
CONTENT(%)
INPLACE DRY
DENSITY (PCF)
TRENCH LOG NO._7____
DESCRIPTION
SOIL TEST
<
UNDIFFERENTIATED TOPSOIL(Qts) GREY SILTY SAND, FINE GRAINED >
DRY, LOOSE
<
YOUNG ALLUVIAL-FAN DEPOSITS UNIT 3 (Qyf3) SILTY SAND (SM):
>
LIGHT BROWN, FINE TO COARSE GRAINED, SLIGHTLY MOIST, UNCONSOLIDATED 5 DENSER WITH DEPTH
TOTAL DEPTH - 5FT
NO GROUNDWATER
10 15
20 25
30 35
18 40
JOB NO:0842101.00 LOG OF TRENCH FIGURE: B-7
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SoCal Professional Engineers WO:0842101.00
APPENDIX C
Laboratory Test Results
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LABORATORY TESTING
A. Classification
Soils were visually classified according to the Unified Soil Classification System.
Classification was supplemented by index tests such as maximum density and optimum moisture content.
B. Expansion Index
An expansion index test was performed on a representative sample of the onsite soils remolded and tested under a surcharge of 144 lb/ft2, in accordance with ASTM D-4829-
11. The test results are presented on Figure C-1, Table I.
C. Maximum Density/Optimum Moisture Content
A maximum density/optimum moisture content relationship was determined for typical samples of the onsite soils. The laboratory standards used were ASTM 1557-Method A.
The test results are summarized on Figure C-1, Table II and laboratory results are presented on Figure C-2.
D. Particle Size Determination
A particle size determination, consisting of mechanical analyses (sieve) was performed on a representative sample of the onsite soils in accordance with ASTM D 422-63 and CAL TEST 202. The test results are shown on Figure C-3
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TABLE I
EXPANSION INDEX
TEST LOCATION EXPANSION INDEX EXPANSION POTENTIAL
T-1 @ 2-15 ft 11 NON-EXPANSIVE
TABLE II
MAXIMUM DENSITY/OPTIMUM MOISTURE RELATIONSHIP
ASTM D 1557
TEST LOCATION
MAXIMUM DRY DENSITY
(pcf)
OPTIMUM MOISTURE
(%)
T-1 @ 2-15 ft 125.5 10.5
Figure C-1
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0842101.00 09/17/2021
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APPENDIX D
Standards of Grading
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ĞŵƉůŽLJĞĚďLJĂŶĚƌĞƐƉŽŶƐŝďůĞƚŽƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚ͘ ϭ͘Ϯ ůůĐůĞĂƌŝŶŐ͕ƐŝƚĞƉƌĞƉĂƌĂƚŝŽŶ͕ŽƌĞĂƌƚŚǁŽƌŬƉĞƌĨŽƌŵĞĚŽŶƚŚĞƉƌŽũĞĐƚƐŚĂůůďĞĐŽŶĚƵĐƚĞĚĂŶĚĚŝƌĞĐƚĞĚďLJƚŚĞŽŶƚƌĂĐƚŽƌƵŶĚĞƌƚŚĞ ĂůůŽǁĂŶĐĞŽƌƚŚĞƐƵƉĞƌǀŝƐŝŽŶŽĨƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚ͘ ϭ͘ϯ dŚĞŽŶƚƌĂĐƚŽƌƐŚŽƵůĚďĞƌĞƐƉŽŶƐŝďůĞĨŽƌƚŚĞƐĂĨĞƚLJŽĨƚŚĞƉƌŽũĞĐƚĂŶĚƐĂƚŝƐĨĂĐƚŽƌLJĐŽŵƉůĞƚŝŽŶŽĨĂůůŐƌĂĚŝŶŐ͘ƵƌŝŶŐŐƌĂĚŝŶŐ͕ƚŚĞ ŽŶƚƌĂĐƚŽƌƐŚĂůůƌĞŵĂŝŶĂĐĐĞƐƐŝďůĞ͘
ϭ͘ϰ WƌŝŽƌƚŽƚŚĞĐŽŵŵĞŶĐĞŵĞŶƚŽĨŐƌĂĚŝŶŐ͕ƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚƐŚĂůůďĞĞŵƉůŽLJĞĚĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨƉƌŽǀŝĚŝŶŐĨŝĞůĚ͕ůĂďŽƌĂƚŽƌLJ͕ĂŶĚ ŽĨĨŝĐĞƐĞƌǀŝĐĞƐĨŽƌĐŽŶĨŽƌŵĂŶĐĞǁŝƚŚƚŚĞƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐŽĨƚŚĞŐĞŽƚĞĐŚŶŝĐĂůƌĞƉŽƌƚĂŶĚƚŚĞƐĞƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͘/ƚǁŝůůďĞ ŶĞĐĞƐƐĂƌLJƚŚĂƚƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚƉƌŽǀŝĚĞĂĚĞƋƵĂƚĞƚĞƐƚŝŶŐĂŶĚŽďƐĞƌǀĂƚŝŽŶƐƐŽƚŚĂƚŚĞŵĂLJƉƌŽǀŝĚĞĂŶŽƉŝŶŝŽŶĂƐƚŽĚĞƚĞƌŵŝŶĞ ƚŚĂƚƚŚĞǁŽƌŬǁĂƐĂĐĐŽŵƉůŝƐŚĞĚĂƐƐƉĞĐŝĨŝĞĚ͘/ƚƐŚĂůůďĞƚŚĞƌĞƐƉŽŶƐŝďŝůŝƚLJŽĨƚŚĞŽŶƚƌĂĐƚŽƌƚŽĂƐƐŝƐƚƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚĂŶĚŬĞĞƉ ŚŝŵĂƉƉƌŝƐĞĚŽĨǁŽƌŬƐĐŚĞĚƵůĞƐĂŶĚĐŚĂŶŐĞƐƐŽƚŚĂƚŚĞŵĂLJƐĐŚĞĚƵůĞŚŝƐƉĞƌƐŽŶŶĞůĂĐĐŽƌĚŝŶŐůLJ͘ ϭ͘ϱ /ƚƐŚĂůůďĞƚŚĞƐŽůĞƌĞƐƉŽŶƐŝďŝůŝƚLJŽĨƚŚĞŽŶƚƌĂĐƚŽƌƚŽƉƌŽǀŝĚĞĂĚĞƋƵĂƚĞĞƋƵŝƉŵĞŶƚĂŶĚŵĞƚŚŽĚƐƚŽĂĐĐŽŵƉůŝƐŚƚŚĞǁŽƌŬŝŶ ĂĐĐŽƌĚĂŶĐĞǁŝƚŚĂƉƉůŝĐĂďůĞŐƌĂĚŝŶŐĐŽĚĞƐ͕ĂŐĞŶĐLJŽƌĚŝŶĂŶĐĞƐ͕ƚŚĞƐĞƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͕ĂŶĚƚŚĞĂƉƉƌŽǀĞĚŐƌĂĚŝŶŐƉůĂŶƐ͘/Ĩ͕ŝŶƚŚĞ ŽƉŝŶŝŽŶŽĨƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚ͕ƵŶƐĂƚŝƐĨĂĐƚŽƌLJĐŽŶĚŝƚŝŽŶƐ͕ƐƵĐŚĂƐƋƵĞƐƚŝŽŶĂďůĞƐŽŝů͕ƉŽŽƌŵŽŝƐƚƵƌĞĐŽŶĚŝƚŝŽŶ͕ŝŶĂĚĞƋƵĂƚĞ ĐŽŵƉĂĐƚŝŽŶ͕ĂĚǀĞƌƐĞǁĞĂƚŚĞƌ͕ĞƚĐ͕ĂƌĞƌĞƐƵůƚŝŶŐŝŶĂƋƵĂůŝƚLJŽĨǁŽƌŬůĞƐƐƚŚĞŶƌĞƋƵŝƌĞĚŝŶƚŚĞƐĞƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͕ƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚ ǁŝůůďĞĞŵƉŽǁĞƌĞĚƚŽƌĞũĞĐƚƚŚĞǁŽƌŬĂŶĚƌĞĐŽŵŵĞŶĚƚŚĂƚĐŽŶƐƚƌƵĐƚŝŽŶďĞƐƚŽƉƉĞĚƵŶƚŝůƚŚĞĐŽŶĚŝƚŝŽŶƐĂƌĞƌĞĐƚŝĨŝĞĚ͘ ͘
ϭ͘ϲ /ƚŝƐƚŚĞŽŶƚƌĂĐƚŽƌ͛ƐƌĞƐƉŽŶƐŝďŝůŝƚLJƚŽƉƌŽǀŝĚĞƐƐĂĨĞĂĐĐĞƐƐƚŽƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚĨŽƌƚĞƐƚŝŶŐĂŶĚͬŽƌŐƌĂĚŝŶŐŽďƐĞƌǀĂƚŝŽŶƉƵƌƉŽƐĞƐ͘ dŚŝƐŵĂLJƌĞƋƵŝƌĞƚŚĞĞdžĐĂǀĂƚŝŽŶŽĨƚŚĞƚĞƐƚƉŝƚƐĂŶĚͬŽƌƚŚĞƌĞůŽĐĂƚŝŽŶŽĨŐƌĂĚŝŶŐĞƋƵŝƉŵĞŶƚ͘ ϭ͘ϳĨŝŶĂůƌĞƉŽƌƚƐŚĂůůďĞŝƐƐƵĞĚďLJƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚĂƚƚĞƐƚŝŶŐƚŽƚŚĞŽŶƚƌĂĐƚŽƌ͛ƐĐŽŶĨŽƌŵĂŶĐĞǁŝƚŚƚŚĞƐĞƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͘ Ϯ͘Ϭ ^/d
WZ
WZd/KE
Ϯ͘ϭ ůůǀĞŐĞƚĂƚŝŽŶĂŶĚĚĞůĞƚĞƌŝŽƵƐŵĂƚĞƌŝĂůƐŚĂůůďĞĚŝƐƉŽƐĞĚŽĨŽĨĨͲƐŝƚĞ͘dŚŝƐƌĞŵŽǀĂůƐŚĂůůďĞŽďƐĞƌǀĞĚďLJƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚĂŶĚ ĐŽŶĐůƵĚĞĚƉƌŝŽƌƚŽĨŝůůƉůĂĐĞŵĞŶƚ͘
Ϯ͘Ϯ ^Žŝů͕ůůƵǀŝƵŵŽƌďĞĚƌŽĐŬŵĂƚĞƌŝĂůƐĚĞƚĞƌŵŝŶĞĚďLJƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚĂƐďĞŝŶŐƵŶƐƵŝƚĂďůĞĨŽƌƉůĂĐĞŵĞŶƚŝŶĐŽŵƉĂĐƚĞĚĨŝůůƐƐŚĂůů ďĞƌĞŵŽǀĞĚĨƌŽŵƚŚĞƐŝƚĞŽƌƵƐĞĚŝŶŽƉĞŶĂƌĞĂƐĂƐĚĞƚĞƌŵŝŶĞĚďLJƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚ͘ŶLJŵĂƚĞƌŝĂůŝŶĐŽƌƉŽƌĂƚĞĚĂƐĂƉĂƌƚŽĨĂ ĐŽŵƉĂĐƚĞĚĨŝůůŵƵƐƚďĞĂƉƉƌŽǀĞĚďLJƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚƉƌŝŽƌƚŽĨŝůůƉůĂĐĞŵĞŶƚ͘ Ϯ͘ϯ ĨƚĞƌƚŚĞŐƌŽƵŶĚƐƵƌĨĂĐĞƚŽƌĞĐĞŝǀĞĨŝůůŚĂƐďĞĞŶĐůĞĂƌĞĚ͕ŝƚƐŚĂůůďĞƐĐĂƌŝĨŝĞĚ͕ĚŝƐĐĞĚĂŶĚͬŽƌďůĂĚĞĚďLJƚŚĞŽŶƚƌĂĐƚŽƌƵŶƚŝůŝƚŝƐ ƵŶŝĨŽƌŵĂŶĚĨƌĞĞĨƌŽŵƌƵƚƐ͕ŚŽůůŽǁƐ͕ŚƵŵŵŽĐŬƐ͕ŽƌŽƚŚĞƌƵŶĞǀĞŶĨĞĂƚƵƌĞƐǁŚŝĐŚŵĂLJƉƌĞǀĞŶƚƵŶŝĨŽƌŵĐŽŵƉĂĐƚŝŽŶ͘ dŚĞƐĐĂƌŝĨŝĞĚŐƌŽƵŶĚƐƵƌĨĂĐĞƐŚĂůůƚŚĞŶďĞďƌŽƵŐŚƚƚŽŽƉƚŝŵƵŵŵŽŝƐƚƵƌĞ͕ŵŝdžĞĚĂƐƌĞƋƵŝƌĞĚ͕ĂŶĚĐŽŵƉĂĐƚĞĚĂƐƐƉĞĐŝĨŝĞĚ͘/ĨƚŚĞ ƐĐĂƌŝĨŝĞĚnjŽŶĞŝƐŐƌĞĂƚĞƌƚŚĂŶƚǁĞůǀĞŝŶĐŚĞƐŝŶĚĞƉƚŚ͕ƚŚĞĞdžĐĞƐƐƐŚĂůůďĞƌĞŵŽǀĞĚĂŶĚƉůĂĐĞĚŝŶůŝĨƚƐŶŽƚƚŽĞdžĐĞĞĚƐŝdžŝŶĐŚĞƐŽƌ ůĞƐƐ͘
WƌŝŽƌƚŽƉůĂĐŝŶŐĨŝůů͕ƚŚĞŐƌŽƵŶĚƐƵƌĨĂĐĞƚŽƌĞĐĞŝǀĞĨŝůůƐŚĂůůďĞŽďƐĞƌǀĞĚ͕ƚĞƐƚĞĚ͕ĂŶĚĂƉƉƌŽǀĞĚďLJƚŚĞƐŽŝůƐĐŽŶƐƵůƚĂŶƚ͘ Ϯ͘ϰ ŶLJƵŶĚĞƌŐƌŽƵŶĚƐƚƌƵĐƚƵƌĞƐŽƌĐĂǀŝƚŝĞƐƐƵĐŚĂƐĐĞƐƐƉŽŽůƐ͕ĐŝƐƚĞƌŶƐ͕ŵŝŶŝŶŐƐŚĂĨƚƐ͕ƚƵŶŶĞůƐ͕ƐĞƉƚŝĐƚĂŶŬƐ͕ǁĞůůƐ͕ƉŝƉĞůŝŶĞƐ͕ŽƌŽƚŚĞƌƐ ĂƌĞƚŽďĞƌĞŵŽǀĞĚŽƌƚƌĞĂƚĞĚŝŶĂŵĂŶŶĞƌƉƌĞƐĐƌŝďĞĚďLJƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚ͘ Packet Pg. 3449
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3DJH
Ϯ͘ϱ /ŶĐƵƚͲĨŝůůƚƌĂŶƐŝƚŝŽŶƐůŽƚƐĂŶĚǁŚĞƌĞĐƵƚůŽƚƐĂƌĞƉĂƌƚŝĂůůLJŝŶƐŽŝů͕ĐŽůůƵǀŝƵŵŽƌƵŶǁĞĂƚŚĞƌĞĚďĞĚƌŽĐŬŵĂƚĞƌŝĂůƐ͕ŝŶŽƌĚĞƌƚŽƉƌŽǀŝĚĞ ƵŶŝĨŽƌŵďĞĂƌŝŶŐĐŽŶĚŝƚŝŽŶƐ͕ƚŚĞďĞĚƌŽĐŬƉŽƌƚŝŽŶŽĨƚŚĞůŽƚĞdžƚĞŶĚŝŶŐĂŵŝŶŝŵƵŵŽĨϱĨĞĞƚŽƵƚƐŝĚĞŽĨďƵŝůĚŝŶŐůŝŶĞƐƐŚĂůůďĞŽǀĞƌ ĞdžĐĂǀĂƚĞĚĂŵŝŶŝŵƵŵŽĨϯĨĞĞƚĂŶĚƌĞƉůĂĐĞĚǁŝƚŚĐŽŵƉĂĐƚĞĚĨŝůů͘'ƌĞĂƚĞƌŽǀĞƌĞdžĐĂǀĂƚŝŽŶĐŽƵůĚďĞƌĞƋƵŝƌĞĚĂƐĚĞƚĞƌŵŝŶĞĚďLJ ^ŽŝůƐŽŶƐƵůƚĂŶƚ͘dLJƉŝĐĂůĚĞƚĂŝůƐĂƌĞĂƚƚĂĐŚĞĚ͘
ϯ͘Ϭ KDWd
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ϯ͘ϳ /ĨƚŚĞŵŽŝƐƚƵƌĞĐŽŶƚĞŶƚŽƌƌĞůĂƚŝǀĞĐŽŵƉĂĐƚŝŽŶǀĂƌŝĞƐĨƌŽŵƚŚĂƚƌĞƋƵŝƌĞĚďLJƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚ͕ƚŚĞŽŶƚƌĂĐƚŽƌƐŚĂůůƌĞǁŽƌŬƚŚĞ ĨŝůůƵŶƚŝůŝƚŚĂƐďĞĞŶĂƉƉƌŽǀĞĚďLJƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚ͘ ϯ͘ϴ
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ϯ͘ϭϬ dŚĞŬĞLJĨŽƌƐŝĚĞŚŝůůĨŝůůƐƐŚĂůůďĞĂŵŝŶŝŵƵŵǁŝĚƚŚŽĨϭϱĨĞĞƚǁŝƚŚŝŶďĞĚƌŽĐŬŽƌĨŝƌŵŵĂƚĞƌŝĂůƐ͕ƵŶůĞƐƐŽƚŚĞƌǁŝƐĞƐƉĞĐŝĨŝĞĚŝŶƚŚĞ ŐĞŽƚĞĐŚŶŝĐĂůƌĞƉŽƌƚ͕;ƐĞĞĚĞƚĂŝůĂƚƚĂĐŚĞĚ͘Ϳ
ϯ͘ϭϭ ^ƵďĚƌĂŝŶĂŐĞĚĞǀŝĐĞƐƐŚĂůůďĞĐŽŶƐƚƌƵĐƚĞĚŝŶĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞŽƌĚŝŶĂŶĐĞƐŽĨƚŚĞĐŽŶƚƌŽůůŝŶŐŐŽǀĞƌŶŵĞŶƚĂůĂŐĞŶĐLJ͕ŽƌǁŝƚŚƚŚĞ ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐŽĨƚŚĞ^ŽŝůƐŽŶƐƵůƚĂŶƚ͘;dLJƉŝĐĂůĂŶLJŽŶ^ƵďĚƌĂŝŶĚĞƚĂŝůƐĂƌĞĂƚƚĂĐŚĞĚ͘Ϳ Packet Pg. 3450
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APPENDIX E
ASCE 7 Hazard Report
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ASCE 7 Hazards Report
Address:
No Address at This
Location
Standard: ASCE/SEI 7-16
Risk Category: III
Soil Class: D - Default (see
Section 11.4.3)
Elevation: 1764.77 ft (NAVD 88)
Latitude:
Longitude:
34.197027
-117.352924
https://asce7hazardtool.online/ Page 1 of 3 Mon Sep 13 2021 Packet Pg. 3468
SS : 2.385
S1 : 1.014
Fa : 1.2
Fv : N/A
SMS : 2.862
SM1 : N/A
SDS : 1.908
SD1 : N/A
TL : 12
PGA : 1.026
PGA M : 1.231
FPGA : 1.2
Ie : 1.25
Cv : 1.5
Seismic
Site Soil Class:
Results:
Data Accessed:
Date Source:
D - Default (see Section 11.4.3)
USGS Seismic Design Maps
Ground motion hazard analysis may be required. See ASCE/SEI 7-16 Section 11.4.8.
Mon Sep 13 2021
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The ASCE 7 Hazard Tool is provided for your convenience, for informational purposes only, and is provided “as is” and without warranties of any kind. The location data included herein has been obtained from information developed, produced, and maintained by third party providers; or has been extrapolated from maps incorporated in the ASCE 7 standard. While ASCE has made every effort to use data obtained from reliable sources or methodologies, ASCE does not make any representations or warranties as to the accuracy, completeness, reliability, currency, or quality of any data provided herein. Any third-party links provided by this Tool should not be construed as an endorsement, affiliation, relationship, or sponsorship of such third-party content by or from ASCE.
ASCE does not intend, nor should anyone interpret, the results provided by this Tool to replace the sound judgment of a competent professional, having knowledge and experience in the appropriate field(s) of practice, nor to substitute for the standard of care required of such professionals in interpreting and applying the contents of this Tool or the ASCE 7 standard.
In using this Tool, you expressly assume all risks associated with your use. Under no circumstances shall ASCE or its officers, directors, employees, members, affiliates, or agents be liable to you or any other person for any direct, indirect, special, incidental, or consequential damages arising from or related to your use of, or reliance on, the Tool or any information obtained therein. To the fullest extent permitted by law, you agree to release and hold harmless ASCE from any and all liability of any nature arising out of or resulting from any use of data provided by the ASCE 7 Hazard Tool.
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Appendix D Paleontological Resources Assessment Report
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PALEONTOLOGICAL RESOURCES ASSESSMENT REPORT
TENTATIVE TRACT MAP NUMBER 20421
Assessor’s Parcel Number 0261-151-10
City of San Bernardino, San Bernardino County, California For Submittal to:
Community and Economic Development Department, Planning Division City of San Bernardino
201 North E Street, 3rd Floor
San Bernardino, CA 92401
Prepared for:
Inland Self-Storage Management
P.O. Box 8008
Newport Beach, CA 92658
Prepared by:
Michael Hogan, Principal Investigator
Deirdre Encarnación, Report Writer
CRM TECH
1016 East Cooley Drive, Suite A/B
Colton, CA 92324
May 9, 2022
CRM TECH Project No. 3837P
Approximately 6.1 acres
San Bernardino North, Calif., 7.5’quadrangle
Rancho Muscupiabe land grant; T1N R5W, San Bernardino Baseline and Meridian Packet Pg. 3472
i
MANAGEMENT SUMMARY
Between February and May 2022, CRM TECH performed a paleontological resource assessment on approximately 6.1 acres of former agricultural land in the northwestern portion of the City of San Bernardino, San Bernardino County, California. The subject property of the study, Assessor’s Parcel Number 0261-151-10, is located to the west of the intersection of Belmont Avenue and Olive Avenue, in a portion of the Rancho Muscupiabe land grant lying within Township 1 North Range 5 West, San Bernardino Baseline and Meridian, as depicted in the United States Geological Survey San Bernardino North, California, 7.5’ quadrangle.
The study is part of the environmental review process for the proposed subdivision of the property as Tentative Tract Map Number 20421 for residential development as well as associated development code amendment to change the existing land use designation. The City of San Bernardino, as the lead agency for the project, required the study in compliance with the California Environmental Quality Act (CEQA). The purpose of the study is to provide the City with the necessary information and analysis to determine whether the project would potentially disrupt or adversely affect any significant, nonrenewable paleontological resources, as mandated by CEQA.
In order to identify any paleontological resource localities in or near the project area and to assessthe potential forsuch resourcesto be encountered during the project, CRM TECH initiated a records search, reviewed pertinent geological literature, and carried out a systematic field survey in accordance with the guidelines of the Society of Vertebrate Paleontology. The results of these research procedures indicate that the entire project area is situated upon surface deposits of alluvium that is unlikely to contain fossil materials but is underlain at significant depth by older, more fossiliferous sediments of Pleistocene age.
Based on these findings, the proposed project’s potential to impact significant, nonrenewable paleontological resources appears to be low within the typical depth of disturbance for residential development but potentially high at a greater but unknown depth. Therefore, no paleontological resource impact mitigation program is recommended for the proposed project unless a greater depth of disturbance is anticipated than typical surface grading and underground utility installation would require. However, if any potential paleontological remains are unearthed during the project, all work in the immediate area should be halted or diverted until a qualified paleontologist can evaluate the nature and significance of the finds.
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ii
TABLE OF CONTENTS
MANAGEMENT SUMMARY............................................................................................................. i INTRODUCTION ................................................................................................................................ 1 PALEONTOLOGICAL RESOURCES................................................................................................ 4 Definition .......................................................................................................................................... 4 Significance Criteria ......................................................................................................................... 4 Paleontological Sensitivity................................................................................................................ 5 SETTING.............................................................................................................................................. 6 METHODS AND PROCEDURES....................................................................................................... 7 Records Search.................................................................................................................................. 7 Literature Review.............................................................................................................................. 7 Field Survey...................................................................................................................................... 7 RESULTS AND FINDINGS................................................................................................................ 7 Records Searches.............................................................................................................................. 7 Literature Review.............................................................................................................................. 8 Field Survey...................................................................................................................................... 8 CONCLUSION..................................................................................................................................... 8 REFERENCES ................................................................................................................................... 10 APPENDIX 1: Personnel Qualifications............................................................................................ 11 APPENDIX 2: Records Search Results.............................................................................................. 16
LIST OF FIGURES
Figure 1. Project vicinity...................................................................................................................... 1 Figure 2. Project area ........................................................................................................................... 2 Figure 3. Recent satellite image of the project area............................................................................. 3 Figure 4. Current condition of the project area.................................................................................... 6 Figure 5. Geologic map of the project vicinity .................................................................................... 9 Packet Pg. 3474
1 INTRODUCTION
Between February and May 2022, CRM TECH performed a paleontological resource assessment on approximately 6.1 acres of former agricultural land in the City of San Bernardino, San Bernardino County, California (Fig. 1). The subject property of the study, Assessor’s Parcel Number 0261-151- 10, is located to the west of the intersection of Belmont Avenue and Olive Avenue, in a portion of the Rancho Muscupiabe land grant lying within Township 1 North Range 5 West, San Bernardino Baseline and Meridian, as depicted in the United States Geological Survey San Bernardino North, California, 7.5’ quadrangle (Figs. 2, 3).
The study is part of the environmental review process for the proposed subdivision of the property as Tentative Tract Map Number 20421 for residential development as well as associated development code amendment to change the existing land use designation. The City of San Bernardino, as the lead agency for the project, required the study in compliance with the California Environmental Quality Act (CEQA; PRC §21000, et seq.). The purpose of the study is to provide the City with the necessary information and analysis to determine whether the project would potentially disrupt or adversely affect any significant, nonrenewable paleontological resources, as mandated by CEQA.
In order to identify any paleontological resource localities in or near the project area and to assess the potential for such resources to be encountered during the project, CRM TECH initiated a records search, reviewed pertinent geological literature, and carried out a systematic field survey in accordance with the guidelines of the Society of Vertebrate Paleontology. The following report is a complete account of the methods, results, and final conclusion of this study. Personnel who participated in the study are named in the appropriate sections below, and their qualifications are provided in Appendix 1.
Figure 1. Project vicinity. (Based on USGS San Bernardino, Calif., 120’x60’quadrangle, 1969 edition) Packet Pg. 3475
2 Figure 2. Project area. (Based on USGS San Bernardino North, Calif., 7.5’quadrangle, 1996 edition) Packet Pg. 3476
3 Figure 3. Recent satellite image of the project area.
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4 PALEONTOLOGICAL RESOURCES
DEFINITION
Paleontological resources represent the remains of prehistoric life, exclusive of any human remains, and include the localities where fossils were collected as well as the sedimentary rock formations in which they were found. The defining character of fossils or fossil deposits is their geologic age, typically older than recorded human history and/or older than the middle Holocene Epoch, which dates to circa 5,000 radiocarbon years (Society of Vertebrate Paleontology 2010:11).
Common fossil remains include marine and freshwater mollusk shells; the bones and teeth of fish, amphibians, reptiles, and mammals; leaf imprint assemblages; and petrified wood. Fossil traces, another type of paleontological resource, include internal and external molds (impressions) and casts created by these organisms. These items can serve as important guides to the age of the rocks and sediments in which they are contained and may prove useful in determining the temporal relationships between rock deposits from one area and those from another as well as the timing of geologic events. They can also provide information regarding evolutionary relationships, development trends, and environmental conditions.
Fossil resources generally occur only in areas of sedimentary rock (e.g., sandstone, siltstone, mudstone, claystone, or shale). Because of the infrequency of fossil preservation, fossils, particularly vertebrate fossils, are considered nonrenewable paleontological resources. Occasionally fossils may be exposed at the surface through the process of natural erosion or because of human disturbances; however, they generally lay buried beneath the surficial soils. Thus, the absence of fossils on the surface does not preclude the possibility of their being present within subsurface deposits, while the presence of fossils at the surface is often a good indication that more remains may be found in the subsurface.
SIGNIFICANCE CRITERIA
According to guidelines proposed by Eric Scott and Kathleen Springer (2003) of the San Bernardino County Museum, paleontological resources can be considered to be of significant scientific interest if they meet one or more of the following criteria:
1. The fossils provide information on the evolutionary relationships and developmental trends exhibited among organisms, living or extinct;
2. The fossils provide data useful in determining the age(s) of the rock unit or sedimentary stratum, including data important in determining the depositional history of the region and the timing of geologic events therein;
3. The fossils provide data regarding the development of biological communities or the interactions between paleobotanical and paleozoological biotas;
4. The fossils demonstrate unusual or spectacular circumstances in the history of life; and/or
5. The fossils are in short supply and/or in danger of being depleted or destroyed by the elements, vandalism, or commercial exploitation, and are not found in other geographic locations.
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5 PALEONTOLOGICAL SENSITIVITY
The fossil record is unpredictable, and the preservation of organic remains is rare, requiring a particular sequence of events involving physical and biological factors. Skeletal tissue with a high percentage of mineral matter is the most readily preserved within the fossil record; soft tissues not intimately connected with the skeletal parts, however, are the least likely to be preserved (Raup and Stanley 1978). For this reason, the fossil record contains a biased selection not only of the types of organisms preserved but also of certain parts of the organisms themselves. As a consequence, paleontologists are unable to know with certainty, the quantity of fossils or the quality of their preservation that might be present within any given geologic unit.
Sedimentary units that are paleontologically sensitive are those geologic units (mappable rock formations) with a high potential to contain significant nonrenewable paleontological resources.
More specifically, these are geologic units within which vertebrate fossils or significant invertebrate fossils have been determined by previous studies to be present or are likely to be present. These units include, but are not limited to, sedimentary formations that contain significant paleontological resources anywhere within their geographical extent as well as sedimentary rock units temporally or lithologically amenable to the preservation of fossils.
A geologic formation is defined as a stratigraphic unit identified by its lithic characteristics (e.g., grain size, texture, color, and mineral content) and stratigraphic position. There is a direct relationship between fossils and the geologic formations within which they are enclosed and, with sufficient knowledge of the geology and stratigraphy of a particular area, it is possible for paleontologists to reasonably determine the formation’s potential to contain significant nonrenewable vertebrate, invertebrate, marine, or plant fossil remains.
The paleontological sensitivity for a geologic formation is determined by the potential for that formation to produce significant nonrenewable fossils. This determination is based on what fossil resources the particular geologic formation has produced in the past at other nearby locations.
Determinations of paleontologic sensitivity must consider not only the potential to yield a large collection of fossil remains but also the potential to yield a few fossils that can provide new and significant taxonomic, phylogenetic, and/or stratigraphic data.
The Society of Vertebrate Paleontology issued a set of standard guidelines intended to assist paleontologists to assess and mitigate any adverse effects/impacts to nonrenewable paleontological resources. The guidelines defined four categories of paleontological sensitivity for geologic units that might be impacted by a proposed project, as listed below (Society of Vertebrate Paleontology 2010:1-2):
• High Potential: Rock units from which vertebrate or significant invertebrate, plant, or trace fossils have been recovered.
• Undetermined Potential: Rock units for which little information is available concerning their paleontological content, geologic age, and depositional environment. • Low Potential: Rock units that are poorly represented by fossil specimens in institutional collections, or based on general scientific consensus only preserve fossils in rare circumstances. • No Potential: Rock units that have no potential to contain significant paleontological resources, such as high-grade metamorphic rocks and plutonic igneous rocks.
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6 SETTING
The City of San Bernardino and the valley for which it is named are located in the Transverse Ranges Geomorphic Province of southern California, which consists of a series of steep east-west trending mountain ranges and valleys (Harden 2004:426). This east-west structure is in contrast to the usual coastal California northwest trend, hence the name “Transverse”(Jennings 1980). The Transverse Ranges Geomorphic Province extending west offshore to include the San Miguel, Santa Rosa, and Santa Cruz Islands, and the eastern end of the province is the San Bernardino Mountains (ibid.).
Within the San Bernardino Valley, a large irregular structural depression filled with alluvial deposits ranging in age from late Tertiary to Recent is over lain by channels of the Santa Ana River and its tributaries (Dutcher and Garrett 1963:1). The resulting valley is bounded by the San Gabriel and San Bernardino Mountain Ranges on the north to the Santa Ana Mountains and the Jurupa Hills on the south. Large alluvial fans, alluvial benches and terraces near the mountains, and stream channels underlie most of the area, but its landforms also include elongate hills, ridges, and scarps along the trace of the San Jacinto fault, which strikes northwestward roughly in the center of the valley (ibid.).
The project area lies in the Verdemont area in the northwestern portion of the City of San Bernardino, near the mouth of the Cajon Canyon, and approximately a half-mile from the southern base of the San Bernardino Mountains (Figs. 1, 2). It encompasses a generally rectangular-shaped parcel of vacant land surrounded by existing residential neighborhoods (Fig. 3). Virtually the entire project area has been greatly disturbed by past agricultural operations and, more recently, by construction activities associated with public roadways and residential development on adjacent properties.
The terrain within the project area is relatively level, with elevations ranging around approximately 1,745 to 1,785 feet above mean sea level, with a gradual incline to the northwest. The surface soils are alluvial in nature, consisting of fine- to coarse-grained sands mixed with silt, small to large rocks, and small boulders. Vegetation observed on the property includes several rows of olive trees as well as buckwheat, chamise, datura, foxtail, and other small shrubs and grasses (Fig. 4).
Figure 4. Current condition of the project area, view to the northeast. (Photograph taken on February 17, 2022) Packet Pg. 3480
7 METHODS AND PROCEDURES
RECORDS SEARCH
The paleontological records search service for this study was provided by the Western Science Center (WSC) in Hemet, California. The WSC maintains files of regional paleontological localities as well as supporting maps and documents. The records search results were used to identify previously performed paleontological resource assessments as well as known paleontological localities within a one-mile radius of the project area. A copy of the records search results is attached to this report in Appendix 2.
LITERATURE REVIEW
In conjunction with the records searches, CRM TECH report writer Deirdre Encarnación reviewed geological literature pertaining to the project vicinity under the direction of project geologist/ paleontologist Harry M. Quinn, California Professional Geologist #3477. Sources consulted during the review include primarily topographic, geologic, and soil maps of the San Bernardino area, published geological literature on regional geology, and other materials in the CRM TECH library, including unpublished reports produced during similar surveys in the vicinity.
FIELD SURVEY
On February 17, 2022, CRM TECH paleontological surveyor Daniel Ballester carried out the field survey of the project area under Harry M. Quinn’s direction. The survey was completed by walking a series of parallel transects oriented northeast-southwest and spaced 10 meters (approximately 33 feet) apart. In this way, the ground surface in the entire project area was systematically and carefully examined to determine the soil types, to verify the geologic formations, and to look for any indications of paleontological remains. Ground visibility was generally excellent (90-100%) due to the light vegetative cover.
RESULTS AND FINDINGS
RECORDS SEARCHES
Records of the WSC identified no fossil localities within the project area or within a one-mile radius (Stoneburg 2022). The WSC states that the geologic units underlying the project area are primarily alluvial fan gravel and sand from the Holocene Epoch, while surrounding soils include Pleistoceneage alluvial fan gravel, sand, and boulder gravel, mica schist of Mesozoic age, Cretaceous granitic rocks, and Precambrian gneiss (ibid.). Although the Holocene-age alluvial soils have high preservation value, they are unlikely to contain fossil material based on the relatively recent age of the deposits.
In light of the sediments present within the project area, the WSC concludes that fossil material is unlikely to be present within the depth to be impacted by the proposed development (Stoneburg 2022). However, the WSC further observes that, should the project require a substantial depth of Packet Pg. 3481
8 disturbance, the sensitivity of the subsurface soils for paleontological remains would increase with the likelihood of reaching deeply buried Pleistocene alluvial sediments (ibid.). The WSC therefore recommends that “caution during development should be observed”(ibid.).
LITERATURE REVIEW
The surface geology in the project area was mapped by Rogers (1967) as being Qal-Qc, or “stream, river channel, and alluvial fan deposits…of Pleistocene to Recent age.” In Rogers’(1967) coding system, Qal represents Recent alluvium, while Qc represents Pleistocene nonmarine sediments.
More recently, Miller and Matti (2001) mapped the surface geology in the project area entirely as Qyf5, which represents late Holocene alluvial-fan deposits composed of fine- to coarse-grained sand and pebble-boulder gravel, unconsolidated or slightly consolidated (Fig. 5). According to Miller (1979), alluvium filling the San Bernardino valley may be in part derived from erosion of other alluvial units that range from boulder-bearing alluvium at the base of the mountains to finer-grained sediments progressing away.
FIELD SURVEY
Throughout the course of the field survey, no surface manifestation of any paleontological remains was observed within the project area. As mentioned above, the ground surface in the project area has been disturbed by many decades of agricultural operations and by recent development on adjacent properties, and a pave road known as Shepherd Lane now extends across the southern portion of the property (Fig. 3).
CONCLUSION
CEQA guidelines (Title 14 CCR App. G, Sec. V(c)) require that public agencies in the State of California determine whether a proposed project would “directly or indirectly destroy a unique paleontological resource”during the environmental review process. The present study, conducted in compliance with this provision, is designed to identify any significant, non-renewable paleontological resources that may exist within or adjacent to the project area, and to assess the possibility for such resources to be encountered in future excavation and construction activities.
In summary of the research results presented above, no paleontological localities were previously reported within the project area, and no indications of any fossil remains was found in the surface sediments during this study. The records search identified no fossil localities within one mile of the project area, and both the literature review and records search suggest that the entire project area is situated upon surface exposures of relatively recent alluvium that is unlikely to contain fossil material. Excavations within the project area would have to be of substantial depths to impact potentially fossiliferous Pleistocene sediments.
Based on these findings, the proposed project’s potential to impact significant, nonrenewable paleontological resources appears to be low within the typical depth of disturbance for residential development but potentially high at a greater but unknown depth. Therefore, no paleontological resource impact mitigation program is recommended for the proposed project unless a greater depth Packet Pg. 3482
9 Figure 5. Geologic map of the project vicinity. (Source: Miller and Matti 2001) Packet Pg. 3483
10 of disturbance is anticipated than typical surface grading and underground utility installation would require. However, if any potential paleontological remains are unearthed during the project, all work in the immediate area should be halted or diverted until a qualified paleontologist can evaluate the nature and significance of the finds.
REFERENCES
Dutcher, L.C., and A.A. Garrett
1963 Geologic and Hydrologic Features of the San Bernardino Area, California, with Special Reference to Underflow across the San Jacinto Fault. Geological Survey Water-supply Paper 1419. United States Geological Survey, Washington, D.C.
Harden, Deborah R.
2004 California Geology. Prentice Hall, Upper Saddle River, New Jersey.
Harms, Nancy S.
1996 A Precollegiate Teachers Guide to California Geomorphic/Physiographic Provinces.
National Association of Geoscience Teachers, Far West Section, Concord, California.
Jenkins, Olaf P.
1980 Geomorphic Provinces Map of California. California Geology 32(2):40-41. California Division of Mines and Geology, Sacramento.
Miller, Fred K.
1979 Preliminary Geologic Map of the San Bernardino North 7.5 Minute Quadrangle, California. United States Geological Survey, Washington, D.C.
Miller, F.K., and J.C. Matti
2001 Geologic Map of the San Bernardino North
California. United States Geological Survey Open-File Report 2-01-131. https://pubs.usgs.gov/ of/2001/0131/.
Raup, David M., and Steven M. Stanley
1978 Principle of Paleontology. W.H. Freeman and Company, San Francisco.
Rogers, Thomas H.
1967 Geological Map of California, San Bernardino Sheet (1:250,000). California Division of Mines and Geology, Sacramento.
Scott, Eric, and Kathleen B. Springer
2003 CEQA and Fossil Preservation in California. Environmental Monitor Fall:4-10.
Association of Environmental Professionals, Sacramento, California.
Society of Vertebrate Paleontology
2010 Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources. http//:vertpaleo.org/Membership/Member-Resources/SVP_Impact_ Mitigation_Guidelines.aspx.
Stoneburg, Brittney Elizabeth
2022 Letter to CRM TECH on paleontological resources records search results; March 4.
Western Science Center, Hemet, California.
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11 APPENDIX 1
PERSONNEL QUALIFICATIONS
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12 PRINCIPAL INVESTIGATOR
Michael Hogan, Ph.D., RPA (Registered Professional Archaeologist) Education
1991 Ph.D., Anthropology, University of California, Riverside. 1981 B.S., Anthropology, University of California, Riverside; with honors. 1980-1981 Education Abroad Program, Lima, Peru.
2002 “Section 106—National Historic Preservation Act: Federal Law at the Local Level,” UCLA Extension Course #888.
2002 “Recognizing Historic Artifacts,”workshop presented by Richard Norwood, Historical Archaeologist.
2002 “Wending Your Way through the Regulatory Maze,”symposium presented by the Association of Environmental Professionals.
1992 “Southern California Ceramics Workshop,”presented by Jerry Schaefer. 1992 “Historic Artifact Workshop,”presented by Anne Duffield-Stoll.
Professional Experience
2002- Principal Investigator, CRM TECH, Riverside/Colton, California. 1999-2002 Project Archaeologist/Field Director, CRM TECH, Riverside, California. 1996-1998 Project Director and Ethnographer, Statistical Research, Inc., Redlands, California. 1992-1998 Assistant Research Anthropologist, University of California, Riverside. 1992-1995 Project Director, Archaeological Research Unit, U.C. Riverside. 1993-1994 Adjunct Professor, Riverside Community College, Mt. San Jacinto College, U.C.
Riverside, Chapman University, and San Bernardino Valley College. 1991-1992 Crew Chief, Archaeological Research Unit, U.C. Riverside. 1984-1998 Project Director, Field Director, Crew Chief, and Archaeological Technician for various southern California cultural resources management firms.
Research Interests
Cultural Resource Management, Southern Californian Archaeology, Settlement and Exchange Patterns, Specialization and Stratification, Culture Change, Native American Culture, Cultural Diversity.
Cultural Resources Management Reports
Principal investigator for, author or co-author of, and contributor to numerous cultural resources management study reports since 1986.
Memberships
Society for American Archaeology; Society for California Archaeology; Pacific Coast Archaeological Society; Coachella Valley Archaeological Society.
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13 PROJECT GEOLOGIST/PALEONTOLOGIST
Harry M. Quinn, M.S., California Professional Geologist #3477 Education
1968 M.S., Geology, University of Southern California, Los Angeles, California. 1964 B.S, Geology, Long Beach State College, Long Beach. 1962 A.A., Los Angeles Harbor College, Wilmington, California. • Graduate work oriented toward invertebrate paleontology; M.S. thesis completed as a stratigraphic paleontology project on the Precambrian and Lower Cambrian rocks of Eastern California.
Professional Experience
2000- Project Paleontologist, CRM TECH, Riverside/Colton, California. 1998- Project Archaeologist, CRM TECH, Riverside/Colton, California. 1992-1998 Independent Geological/Geoarchaeological/Environmental Consultant, Pinyon Pines, California.
1994-1996 Environmental Geologist, E.C E.S., Inc, Redlands, California. 1988-1992 Project Geologist/Director of Environmental Services, STE, San Bernardino, California. 1987-1988 Senior Geologist, Jirsa Environmental Services, Norco, California. 1986 Consulting Petroleum Geologist, LOCO Exploration, Inc. Aurora, Colorado. 1978-1986 Senior Exploration Geologist, Tenneco Oil E & P, Englewood, Colorado. 1965-1978 Exploration and Development Geologist, Texaco, Inc., Los Angeles, California.
Previous Work Experience in Paleontology
1969-1973 Attended Texaco company-wide seminars designed to acquaint all paleontological laboratories with the capability of one another and the procedures of mutual assistance in solving correlation and paleo-environmental reconstruction problems. 1967-1968 Attended Texaco seminars on Carboniferous coral zonation techniques and Carboniferous smaller foraminifera zonation techniques for Alaska and Nevada. 1966-1972, 1974, 1975 Conducted stratigraphic section measuring and field paleontological identification in Alaska for stratigraphic controls. Pursued more detailed fossil identification in the paleontological laboratory to establish closer stratigraphic controls, mainly with Paleozoic and Mesozoic rocks and some Tertiary rocks, including both megafossil and microfossil identification, as well as fossil plant identification.
1965 Conducted stratigraphic section measuring and field paleontological identification in Nevada for stratigraphic controls. Pursued more detailed fossil identification in the paleontological laboratory to establish closer stratigraphic controls, mainly with Paleozoic rocks and some Mesozoic and Tertiary rocks. The Tertiary work included identification of ostracods from the Humboldt and Sheep Pass Formations and vertebrate and plant remains from Miocene alluvial sediments.
Memberships
Society of Vertebrate Paleontology; American Association of Petroleum Geologists; Association of Environmental Professionals; Rocky Mountain Association of Geologists, Pacific Section; Society of Economic Paleontologists and Mineralogists; San Bernardino County Museum.
Publications in Geology
Five publications in Geology concerning an oil field study, a ground water and earthquake study, a report on the geology of the Santa Rosa Mountain area, and papers on vertebrate and invertebrate Holocene Lake Cahuilla faunas.
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14 REPORT WRITER
Deirdre Encarnación, M.A.
Education
2003 M.A., Anthropology, San Diego State University, California. 2000 B.A., Anthropology, minor in Biology, with honors; San Diego State University, California.
2001 Archaeological Field School, San Diego State University. 2000 Archaeological Field School, San Diego State University.
Professional Experience
2004- Project Archaeologist/Report Writer, CRM TECH, Riverside/Colton, California. 2001-2003 Part-time Lecturer, San Diego State University, California. 2001 Research Assistant for Dr. Lynn Gamble, San Diego State University. 2001 Archaeological Collection Catalog, SDSU Foundation.
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15 PALEONTOLOGICAL MONITOR/FIELD DIRECTOR
Daniel Ballester, M.S., RPA (Registered Professional Archaeologist) Education
2013 M.S., Geographic Information System (GIS), University of Redlands, California. 1998 B.A., Anthropology, California State University, San Bernardino. 1997 Archaeological Field School, University of Las Vegas and University of California, Riverside.
1994 University of Puerto Rico, Rio Piedras, Puerto Rico. 2007 Certificate in Geographic Information Systems (GIS), California State University, San Bernardino.
• Cross-trained in paleontological field procedures and identifications by CRM TECH Geologist/Paleontologist Harry M. Quinn.
Professional Experience
2002- Field Director/GIS Specialist, CRM TECH, Riverside/Colton, California. 2011-2012 GIS Specialist for Caltrans District 8 Project, Garcia and Associates, San Anselmo, California.
2009-2010 Field Crew Chief, Garcia and Associates, San Anselmo, California. 2009-2010 Field Crew, ECorp, Redlands.
1999-2002 Project Paleontologist/Archaeologist, CRM TECH, Riverside, California. 1998-1999 Field Crew, K.E.A. Environmental, San Diego, California. 1998 Field Crew, A.S.M. Affiliates, Encinitas, California. 1998 Field Crew, Archaeological Research Unit, University of California, Riverside.
Cultural Resources Management Reports
Co-author and contributor to numerous cultural and paleontological resources management reports since 2002.
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16 APPENDIX 2
RECORDS SEARCH RESULTS
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2345 Searl Parkway ♦ Hemet, CA 92543 ♦ phone 951.791.0033 ♦ fax 951.791.0032 ♦ WesternScienceCenter.org Nina Galllardo March 4, 2022
CRM TECH
1016 E. Cooley Drive, Suite A/B
Colton, CA
Dear Ms. Gallardo,
This letter presents the results of a record search conducted for the Proposed Tentative Tract Map 20421 Project; Assessor’s Parcel Number 0261-151-10 in the city San Bernardino, San Bernardino County, California. The project site is located north of Irvington Avenue, south of Belmont Avenue, west of Olive Avenue and east of Palm Avenue in Township 1 North, Range 5 West SB in the Muscupiabe Land Grant Section of the San Bernardino North USGS 7.5 minute quadrangle.
The geologic units underlying this project are mapped as primarily alluvial fan gravel and sand from the Holocene period (Diblee and Minch, 2004). Within a mile of the project area (particularly towards the mountains) are numerous other units, including:
Qoa: Pleistocene alluvial fan gravel and sand
Qls: Pleistocene landslide
Qog: Pleistocene alluvial fan deposits of boulder gravel ps: Mesozoic (late Cretaceous) mica schist
gr: Cretaceous granitic rocks
gn: Precambrian gneiss
Holocene alluvial units are considered to be of high preservation value, but material found is unlikely to be fossil material due to the relatively modern associated dates of the deposits. However, if development requires any substantial depth of disturbance, the likelihood of reaching Pleistocene alluvial sediments would increase. The Western Science Center does not have localities within the project area or within a 1 mile radius.
While the presence of any fossil material is unlikely, if excavation activity disturbs deeper sediment dating to the earliest parts of the Holocene or Late Pleistocene periods, the material would be scientifically significant. Excavation activity associated with the development of the project area is unlikely to be paleontologically sensitive, but caution during development should be observed.
If you have any questions, or would like further information, please feel free to contact me at [email protected].
Sincerely,
Brittney Elizabeth Stoneburg
Collections Technician
Packet Pg. 3491
Proposed Tentative Tract Map 20421
project area + 1 mile radius
~ ......................... ..,... ......................... ___,~ Legend
0 pCc:PreCambrian igneous and metamorphic rock complex (Early Proterozoic to Miocene) - Proposed Tentative Tract Map 20421
~ Proposed Tentative Tract Map 20421 1 Mile Radius
(} Q: Quaternary alluvium and marine deposits (Pliocene to Holocene) 0 sch: Scist of various types and ages, unit 2 (Southern and West-central California) (Late Cretaceous to Eocene) Packet Pg. 3492
Appendix E Onsite Stormwater Infiltration Systems Investigation Packet Pg. 3493
SoCal Professional
Engineers
Serving all Southern California
229 Cajon St., Ste.#2, Redlands, CA 92373 909.271.3135
SoCal Professional Engineers W.O. NO.0842101.01
September 10, 2021
Rene Jacober
Inland Self Storage Management, Inc.
2999 W. Kendall Dr. Suite 208
San Bernardino, CA 92407
SUBJECT: ONSITE STORMWATER INFILTRATION SYSTEM INVESTIGATION Proposed Tentative Tract Map
APN 0261-151-10, +5.3 Acres
Belmont Avenue
San Bernardino County, California
Work Order No. 0842101.01
Mr. Jacober,
In accordance with your authorization, we have conducted percolation testing for the infiltration system proposed for the proposed residential property. The purpose of our investigation was to provide infiltration rates for the proposed infiltration system.
Site Description
Attached as Plate 1, the “Infiltration Test Location Map” utilized the 40-scale, “Tentative Tract Map” prepared by Suresh Dudia, showing the test location(s) on the site. The subject site is a vacant 5.3+-acre nearly rectangular shaped parcel that slopes +5% in the area of the infiltration systems. The subject site is located on the south side of Belmont Avenue, city of San Bernardino, San Bernardino County, California. The geographical relationships of the site and surrounding area are depicted on our Site Location Map, Figure 1.
Vegetation onsite was a scattered growth of weeds and grasses. Gradients on the subject site are less than +5% to the southeast.
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Belmont Homes
September 10, 2021
SoCal Professional Engineers W.O. NO.0842101.01
Percolation/Infiltration Investigation
Percolation/infiltration testing was conducted on September 9, 2021. Tests were performed within each infiltration area for a total of six tests within the existing native soils. The test locations are depicted on the Infiltration Test Location Map, Plate 1. Six separate shallow borings were excavated, and six percolation tests were performed at depths corresponding to the depth of the proposed infiltration system. Additionally, an exploratory boring was advanced to a total depth explored of 15- ft below the ground surface. (bgs).
Our exploratory trench exposed approximately 1.0-ft of undifferentiated topsoil/colluvial soils overlying medium dense alluvial deposits, which extended to the total depth explored of 15-ft bgs.
The alluvium map symbol Qyf3, excavates as gravelly silty Sand (Unified Soil Classifications - SM-GM) that can be described as brown, fine to coarse grained, gravelly, slightly moist and increases in density and grain size with depth. No mottling of the soil, often indicative of past high groundwater, was observed. Detailed descriptions of the onsite units are presented on our exploratory trench log included in Appendix B.
LABORATORY TESTING PROGRAM
Sieve analysis testing was performed on a soil sample representative of the earth materials exposed in the near surface soils at depths of 2 to 15ft was 28-percent passing the #200 sieve, indicating sufficient fines exist in the near surface soils to provide filtration. The test results are included in Appendix C, Laboratory Test Results.
GROUNDWATER
Groundwater was not encountered within our exploratory trenches, which were advanced to a maximum depth of 15 -ft bgs. No mottling or other indications of previous high groundwater levels were observed during our subsurface exploration. Alluvial deposits underly the subject site to the total depth explored of 15-ft. Regional depth to groundwater is 100+ feet Bgs (Carson & Matti, 1985).
SUMMARY OF TEST PROCEDURES
The testing procedure was performed in accordance with Riverside County Department of Environmental Health’s “Local Management Program for Onsite Wastewater Treatment Systems”, which became effective October 5, 2016, and the resulting perc rates were converted to infiltration rates utilizing the Porchet Method as outlined in the Riverside County Flood Control and Water Conservation District, “Design Handbook for Low Impact Development Best Management Practices” dated September 2011. The percolation tests were performed at depths within the underlying soils corresponding to the proposed system. Procedures for normal soils were followed.
Conclusion
Testing indicated infiltration rates at the proposed bottom of the systems within the native soils obtained consistent rates. The percolation rate was converted to infiltration rate utilizing the Porchet Method. The rates provided do not include a safety factor. The exploratory boring location and test locations are presented on our Infiltration Test Location Map, Plate 1.
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Belmont Homes
September 10, 2021
SoCal Professional Engineers W.O. NO.0842101.01
PERCOLATION
TEST NO.
DEPTH
OF TEST
INFILTRATION
RATE (In/Hr)
1 5-FT 5.08
2 5-FT 3.39
3 5-FT 6.10
4 5-FT 3.26
5 5-FT 4.20
6 5-FT 3.93
CLOSURE
It should be noted that infiltration rates determined by testing are ultimate rates based on shortduration field test results utilizing clear water. Infiltration rates can be affected by silt build-up, debris, degree of soil saturation, and other factors. An appropriate safety factor should be applied prior to use in design to account for subsoil inconsistencies, possible compaction related to site grading, and potential silting of the percolating soils. The safety factor should also be determined with consideration to other factors in the system design, particularly storm water volume estimates and the safety factors associated with those design components. A minimum 100-ft setback from on or offsite water wells should be maintained.
LIMITATIONS
The tested rates are representative for the areas and soil types tested. Should the systems be moved, or the exposed soil types are found to different within the proposed systems, the approved infiltration rates may not apply. Our investigation was performed using the degree of care and skill ordinarily exercised, under similar circumstances, by reputable Geotechnical Engineers and Geologists practicing in this or similar localities. No other warranty, expressed or implied, is made as to the conclusions and professional advice included in this report.
The report is issued with the understanding that it is used only by the owner and it is the sole responsibility of the owner or their representative to ensure that the information and recommendations contained herein are brought to the attention of the architect, engineer, and appropriate jurisdictional agency for the project and incorporated into the plans; and the necessary steps are taken to see that the contractor and subcontractors carry out such recommendations contained herein during construction and in the field.
The samples taken and used for testing and the observations made are believed representative; however, soil and geologic conditions can vary significantly between test locations. The evaluation or identification of the potential presence of hazardous or corrosive materials was not part of the scope of services provided by SoCal Professional Engineers, or its assigns.
The findings of this report are valid as of the present date. However, changes in the condition of a property can occur with the passage of time, whether due to natural processes or the works of man on this or adjacent properties. In addition, changes in applicable or appropriate standards may occur, whether they result from legislation or the broadening of knowledge. Accordingly, the findings of this report may be invalidated wholly or partially by changes outside our control. Therefore, this report is subject to review and revision as changed conditions are identified. The firm that performed Packet Pg. 3496
Belmont Homes
September 10, 2021
SoCal Professional Engineers W.O. NO.0842101.01
the geotechnical investigation for this project should be retained to provide testing observation services during construction to maintain continuity of geotechnical interpretation and to check that the recommendations presented herein are implemented during construction of improvements.
If another geotechnical firm is selected to perform the inspection services during construction operations, that firm should prepare a letter indicating their intent to assume the responsibilities of project geotechnical engineer of record. Selection of another firm to perform any of the recommended activities or failure to retain the undersigned to perform the recommended activities wholly absolves SoCal Professional Engineers, the undersigned, and its assigns from any and all liability arising directly or indirectly from any aspects of this project.
We appreciate the opportunity to be of service. Limitations and conditions contained in reference documents are considered in full force and applicable. If you have any questions, please do not hesitate to call our office.
Respectfully Submitted,
SoCal Professional Engineers
Khaled S. Farah
Civil Engineer, RCE 83128
ATTACHMENTS
Plate 1 – Infiltration Test Location Map
Appendix A –References
Appendix B – Boring Log
Appendix C- Laboratory Test Results
Appendix D- Test Data Sheets & Porchet Conversion Results KHALED
FARAH
Digitally signed by KHALED
FARAH
DN: cn=KHALED FARAH, o=SOCAL
PROFESSIONAL ENGINEERS,
[email protected], c=US
Date: 2021.09.12 06:24:46 -07'00'
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P-1 P-2
P-3 P-4
P-5 P-6
T-1
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APPENDIX A
References
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REFERENCES
CDM Smith, Inc. 2013, “Technical Guidance Document For Water Quality Management Plans” dated June 7, 2013.
Department of Water Resources Website, 2021, GeoTracker “Groundwater Data Section”.
Riverside County Department of Environmental Health, 2016, “Local Management Program for Onsite Wastewater Treatment Systems”, effective October 5, 2016.
Riverside County Flood Control and Water Conservation District, 2011, “Design Handbook for Low Impact Development Best Management Practices” dated 9, 2011.
Redlands Consultants & Associates, 2020, “Tentative Tract Map, Belmont Homes, San Bernardino”, dated 10/29/2021, 40-scale, Sheet 1 of 3.
U.S.G.S., Morton Douglas, M., Miller Fred, K, 2003, “Geologic Map of the San Bernardino 30’ x 60’ Quadrangle”, DF-109, Scale: 1:100,000.
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SoCal Professional Engineers W.O. NO.0842101.01
APPENDIX B
Exploratory Boring Log
Packet Pg. 3501
LOGGED BY:JRH METHOD OF EXCAVATION: CAT MINI EXCAVATOR DATE OBSERVED:9/9/2021 WITH 24-INCH BUCKET
ELEVATION: + 1762.00 LOCATION: SEE INFILTRATION TEST
LOCATION MAP
DEPTH (FEET)
CLASSIFICATION
BLOWS/FOOT
UNDISTURBED
SAMPLE
BULK SAMPLE
MOISTURE
CONTENT(%)
INPLACE DRY
DENSITY (PCF)
TRENCH LOG NO._1____
DESCRIPTION
SOIL TEST
<
UNDIFFERENTIATED TOPSOIL(Qts) GREY SILTY SAND, FINE GRAINED >
3.2 89.6 DRY, LOOSE
<
YOUNG ALLUVIAL-FAN DEPOSITS UNIT 3 (Qyf3) SILTY SAND (SM):
I LIGHT BROWN, FINE TO COARSE GRAINED, SLIGHTLY MOIST, UNCONSOLIDATED 5 I 4.1 98.2 DENSER WITH DEPTH
I
I SEIVE ANALYSIS. 28% PASSING #200
I 3.8 101.3
I
10 I
I
I
I
I
15 >
TOTAL DEPTH - 15FT
NO GROUNDWATER
20 25
30 35
18 40
JOB NO:0842101.00 LOG OF TRENCH FIGURE: B-1
Packet Pg. 3502
SoCal Professional Engineers W.O. NO.0842101.01
APPENDIX C
Laboratory Test Results
Packet Pg. 3503
T-1 SM
0842101.01 C-1
5-15ft
x
X
Packet Pg. 3504
SoCal Professional Engineers W.O. NO.0842101.01
APPENDIX D
Test Data Sheet & Porchet Conversion Results
Packet Pg. 3505
Project: Date:
By: Remarks:
Boring No. P-1 Dia. 0.67 Depth Be. 40" Depth Af. 40"
Presoak
TIME READ
(MIN)
TIME
INTERVAL
(MIN)
FALL (FT) TIME INT.
(HR)
RATE
(FT/HR)
WALL
LENGTH1/
WALL
LENGTH2
AVG. WALL
LENGTH
(FT)
Q
(GAL/SF/DA
Y)
1:32 3.33
1:57 1.13
1:57 3.33
2:22 1.48
4:22 3.33
4:32 1.23
4:32 3.33
4:42 1.83
4:42 3.33
4:52 2.38
4:52 3.33
5:02 2.45
5:02 3.33
5:12 2.58
5:12 3.33
5:22 2.58
JRH Silty Sand/Sand
TEST DATA SHEET
Q = (F/T)x(Dx9)
L(AVG) OR
Q = RxDx9, WHERE R = FT in ft/hr
L .
Q = Rate in gallons/sq.ft of sidewall per day of septic tank effluent F = Drop during time interval in feet.
T = Time interval in hours.
D = Diameter of hole in feet
L (Avg.) = Average wetted depth during time interval in feet. Minimum depth is BELMONT 9/9/2021
9/9/2021 / 2hrs
0:25 2.2 0.417 5.28 2.2 10.65
0:25 1.85 0.417 4.44 2.4 8.31
PRESOAK
15.70 0:10 2.1 0.167 12.60 2.3 24.87
0:10 1.5 0.167 9.00 2.6
8.22 0:10 0.95 0.167 5.70 2.9 8.98
0:10 0.88 0.167 5.28 2.9
6.85 0:10 0.75 0.167 4.50 3.0 6.85
0:10 0.75 0.167 4.50 3.0
Packet Pg. 3506
Project: Date:
By: Remarks:
Boring No. P-2 Dia. 0.67 Depth Be. 40" Depth Af. 40"
Presoak
TIME READ
(MIN)
TIME
INTERVAL
(MIN)
FALL (FT) TIME INT.
(HR)
RATE
(FT/HR)
WALL
LENGTH1/
WALL
LENGTH2
AVG. WALL
LENGTH
(FT)
Q
(GAL/SF/DA
Y)
1:34 3.33
1:59 0.43
1:59 3.33
2:24 1.44
4:25 3.33
4:35 1.03
4:35 3.33
4:45 1.58
4:45 3.33
4:55 2.23
4:55 3.33
5:05 2.47
5:05 3.33
5:15 2.75
5:15 3.33
5:25 2.83
JRH Silty Sand/Sand
TEST DATA SHEET
Q = (F/T)x(Dx9)
L(AVG) OR
Q = RxDx9, WHERE R = FT in ft/hr
L .
Q = Rate in gallons/sq.ft of sidewall per day of septic tank effluent F = Drop during time interval in feet.
T = Time interval in hours.
D = Diameter of hole in feet
L (Avg.) = Average wetted depth during time interval in feet. Minimum depth is BELMONT 9/9/2021
9/9/2021 / 2hrs
0:25 2.9 0.417 6.96 1.9 16.66
0:25 1.89 0.417 4.54 2.4 8.56
PRESOAK
19.25 0:10 2.3 0.167 13.80 2.2 28.49
0:10 1.75 0.167 10.50 2.5
8.01 0:10 1.1 0.167 6.60 2.8 10.68
0:10 0.86 0.167 5.16 2.9
4.38 0:10 0.58 0.167 3.48 3.0 5.15
0:10 0.5 0.167 3.00 3.1
Packet Pg. 3507
Project: Date:
By: Remarks:
Boring No. P-3 Dia. 0.67 Depth Be. 40" Depth Af. 40"
Presoak
TIME READ
(MIN)
TIME
INTERVAL
(MIN)
FALL (FT) TIME INT.
(HR)
RATE
(FT/HR)
WALL
LENGTH1/
WALL
LENGTH2
AVG. WALL
LENGTH
(FT)
Q
(GAL/SF/DA
Y)
1:36 3.33
2:01 0.83
2:01 3.33
2:26 1.23
4:28 3.33
4:38 1.13
4:38 3.33
4:48 1.75
4:48 3.33
4:58 1.91
4:58 3.33
5:08 2.08
5:08 3.33
5:18 2.37
5:18 3.33
5:28 2.43
JRH Silty Sand/Sand
TEST DATA SHEET
Q = (F/T)x(Dx9)
L(AVG) OR
Q = RxDx9, WHERE R = FT in ft/hr
L .
Q = Rate in gallons/sq.ft of sidewall per day of septic tank effluent F = Drop during time interval in feet.
T = Time interval in hours.
D = Diameter of hole in feet
L (Avg.) = Average wetted depth during time interval in feet. Minimum depth is BELMONT 9/9/2021
9/9/2021 / 2hrs
0:25 2.5 0.417 6.00 2.1 12.98
0:25 2.1 0.417 5.04 2.3 9.95
PRESOAK
16.80 0:10 2 0.167 12.00 2.2 24.22
0:10 1.58 0.167 9.48 2.5
12.48 0:10 1.42 0.167 8.52 2.6 14.63
0:10 1.25 0.167 7.50 2.7
8.44 0:10 0.96 0.167 5.76 2.9 9.09
0:10 0.9 0.167 5.40 2.9
Packet Pg. 3508
Project: Date:
By: Remarks:
Boring No. P-4 Dia. 0.67 Depth Be. 40" Depth Af. 40"
Presoak
TIME READ
(MIN)
TIME
INTERVAL
(MIN)
FALL (FT) TIME INT.
(HR)
RATE
(FT/HR)
WALL
LENGTH1/
WALL
LENGTH2
AVG. WALL
LENGTH
(FT)
Q
(GAL/SF/DA
Y)
1:40 3.33
2:05 0.32
2:05 3.33
2:30 0.66
4:33 3.33
4:43 2.45
4:43 3.33
4:53 2.61
4:53 3.33
5:03 2.73
5:03 3.33
5:13 2.78
5:13 3.33
5:23 2.83
5:23 3.33
5:33 2.85
JRH Silty Sand/Sand
TEST DATA SHEET
Q = (F/T)x(Dx9)
L(AVG) OR
Q = RxDx9, WHERE R = FT in ft/hr
L .
Q = Rate in gallons/sq.ft of sidewall per day of septic tank effluent F = Drop during time interval in feet.
T = Time interval in hours.
D = Diameter of hole in feet
L (Avg.) = Average wetted depth during time interval in feet. Minimum depth is BELMONT 9/9/2021
9/9/2021 / 2hrs
0:25 3.1 0.417 7.44 1.8 18.35
0:25 2.67 0.417 6.41 2.0 14.45
PRESOAK
6.55 0:10 0.88 0.167 5.28 2.9 8.22
0:10 0.72 0.167 4.32 3.0
4.86 0:10 0.6 0.167 3.60 3.0 5.35
0:10 0.55 0.167 3.30 3.1
4.19 0:10 0.5 0.167 3.00 3.1 4.38
0:10 0.48 0.167 2.88 3.1
Packet Pg. 3509
Project: Date:
By: Remarks:
Boring No. P-5 Dia. 0.67 Depth Be. 40" Depth Af. 40"
Presoak
TIME READ
(MIN)
TIME
INTERVAL
(MIN)
FALL (FT) TIME INT.
(HR)
RATE
(FT/HR)
WALL
LENGTH1/
WALL
LENGTH2
AVG. WALL
LENGTH
(FT)
Q
(GAL/SF/DA
Y)
1:42 3.33
2:07 0.73
2:07 3.33
2:30 1.13
4:36 3.33
4:46 1.35
4:46 3.33
4:56 1.62
4:56 3.33
5:06 1.74
5:06 3.33
5:16 2.55
5:16 3.33
5:26 2.64
5:26 3.33
5:36 2.71
JRH Silty Sand/Sand
TEST DATA SHEET
Q = (F/T)x(Dx9)
L(AVG) OR
Q = RxDx9, WHERE R = FT in ft/hr
L .
Q = Rate in gallons/sq.ft of sidewall per day of septic tank effluent F = Drop during time interval in feet.
T = Time interval in hours.
D = Diameter of hole in feet
L (Avg.) = Average wetted depth during time interval in feet. Minimum depth is BELMONT 9/9/2021
9/9/2021 / 2hrs
0:25 2.6 0.417 6.24 2.0 13.83
0:23 2.2 0.383 5.74 2.2 11.58
PRESOAK
18.65 0:10 1.98 0.167 11.88 2.3 22.85
0:10 1.71 0.167 10.26 2.5
7.16 0:10 1.59 0.167 9.54 2.5 16.93
0:10 0.78 0.167 4.68 2.9
5.54 0:10 0.69 0.167 4.14 3.0 6.24
0:10 0.62 0.167 3.72 3.0
Packet Pg. 3510
Project: Date:
By: Remarks:
Boring No. P-6 Dia. 0.67 Depth Be. 40" Depth Af. 40"
Presoak
TIME READ
(MIN)
TIME
INTERVAL
(MIN)
FALL (FT) TIME INT.
(HR)
RATE
(FT/HR)
WALL
LENGTH1/
WALL
LENGTH2
AVG. WALL
LENGTH
(FT)
Q
(GAL/SF/DA
Y)
1:44 3.33
2:09 1.45
2:09 3.33
2:34 1.58
4:41 3.33
4:51 1.9
4:51 3.33
5:01 2.37
5:01 3.33
5:11 2.51
5:11 3.33
5:21 2.67
5:21 3.33
5:31 2.73
5:31 3.33
5:41 2.75 5.15
0:10 0.6 0.167 3.60 3.0 5.35
0:10 0.58 0.167 3.48 3.0
5.94 0:10 0.82 0.167 4.92 2.9 7.58
0:10 0.66 0.167 3.96 3.0
9.09 0:10 1.43 0.167 8.58 2.6 14.76
0:10 0.96 0.167 5.76 2.9
0:25 1.75 0.417 4.20 2.5 7.70
PRESOAK
9/9/2021 / 2hrs
0:25 1.88 0.417 4.51 2.4 8.50
JRH Silty Sand/Sand
TEST DATA SHEET
Q = (F/T)x(Dx9)
L(AVG) OR
Q = RxDx9, WHERE R = FT in ft/hr
L .
Q = Rate in gallons/sq.ft of sidewall per day of septic tank effluent F = Drop during time interval in feet.
T = Time interval in hours.
D = Diameter of hole in feet
L (Avg.) = Average wetted depth during time interval in feet. Minimum depth is BELMONT 9/9/2021
Packet Pg. 3511
DATE:
CASE:
WO0842101.01
THE CONVERSION EQUATION USED IS:
Hole Radius r= 8 inches
Time Interval dt= 10 minutes
Initial height of water during selected time interval H0= 40 inches Final height of water during selected time interval Hf= 37 inches Change in height of water during selected time interval dH= 9 inches Average head of height over the selected time interval HAVG= 38.5 inches Converted infiltration rate per test data IT= 5.08 inches/hour
REQUIRED ENTRY
CALCULATED ENTRY
Company Name:
Designed By:
PORCHET METHOD-CONVERSION OF PERCOLATION
RATE TO INFILTRATION RATE
LEGEND PERC TEST NO:
NO 1
COMMENTS
SoCal Professional Engineers 9/10/2021
JRH BELMONT
PERCOLATION TEST CONVERSION TO INFILTRATION RATE
I
T(in/hr)= dt(min) x [r(in) + 2hAVG(in)]
dh(in) x 60(min/hr) x r(in)
Packet Pg. 3512
DATE:
CASE:
WO0842101.01
THE CONVERSION EQUATION USED IS:
Hole Radius r= 8 inches
Time Interval dt= 10 minutes
Initial height of water during selected time interval H0= 40 inches Final height of water during selected time interval Hf= 37 inches Change in height of water during selected time interval dH= 6 inches Average head of height over the selected time interval HAVG= 38.5 inches Converted infiltration rate per test data IT= 3.39 inches/hour
REQUIRED ENTRY
CALCULATED ENTRY
Company Name:
Designed By:
PORCHET METHOD-CONVERSION OF PERCOLATION
RATE TO INFILTRATION RATE
LEGEND PERC TEST NO:
NO 2
COMMENTS
SoCal Professional Engineers 9/10/2021
JRH BELMONT
PERCOLATION TEST CONVERSION TO INFILTRATION RATE
I
T(in/hr)= dt(min) x [r(in) + 2hAVG(in)]
dh(in) x 60(min/hr) x r(in)
Packet Pg. 3513
DATE:
CASE:
WO0842101.01
THE CONVERSION EQUATION USED IS:
Hole Radius r= 8 inches
Time Interval dt= 10 minutes
Initial height of water during selected time interval H0= 40 inches Final height of water during selected time interval Hf= 37 inches Change in height of water during selected time interval dH= 10.8 inches Average head of height over the selected time interval HAVG= 38.5 inches Converted infiltration rate per test data IT= 6.10 inches/hour
REQUIRED ENTRY
CALCULATED ENTRY
Company Name:
Designed By:
PORCHET METHOD-CONVERSION OF PERCOLATION
RATE TO INFILTRATION RATE
LEGEND PERC TEST NO:
NO 3
COMMENTS
SoCal Professional Engineers 9/10/2021
JRH BELMONT
PERCOLATION TEST CONVERSION TO INFILTRATION RATE
I
T(in/hr)= dt(min) x [r(in) + 2hAVG(in)]
dh(in) x 60(min/hr) x r(in)
Packet Pg. 3514
DATE:
CASE:
WO0842101.01
THE CONVERSION EQUATION USED IS:
Hole Radius r= 8 inches
Time Interval dt= 10 minutes
Initial height of water during selected time interval H0= 40 inches Final height of water during selected time interval Hf= 37 inches Change in height of water during selected time interval dH= 5.78 inches Average head of height over the selected time interval HAVG= 38.5 inches Converted infiltration rate per test data IT= 3.26 inches/hour
REQUIRED ENTRY
CALCULATED ENTRY
Company Name:
Designed By:
PORCHET METHOD-CONVERSION OF PERCOLATION
RATE TO INFILTRATION RATE
LEGEND PERC TEST NO:
NO 4
COMMENTS
SoCal Professional Engineers 9/10/2021
JRH BELMONT
PERCOLATION TEST CONVERSION TO INFILTRATION RATE
I
T(in/hr)= dt(min) x [r(in) + 2hAVG(in)]
dh(in) x 60(min/hr) x r(in)
Packet Pg. 3515
DATE:
CASE:
WO0842101.01
THE CONVERSION EQUATION USED IS:
Hole Radius r= 8 inches
Time Interval dt= 10 minutes
Initial height of water during selected time interval H0= 40 inches Final height of water during selected time interval Hf= 37 inches Change in height of water during selected time interval dH= 5.78 inches Average head of height over the selected time interval HAVG= 38.5 inches Converted infiltration rate per test data IT= 3.26 inches/hour
REQUIRED ENTRY
CALCULATED ENTRY
Company Name:
Designed By:
PORCHET METHOD-CONVERSION OF PERCOLATION
RATE TO INFILTRATION RATE
LEGEND PERC TEST NO:
NO 4
COMMENTS
SoCal Professional Engineers 9/10/2021
JRH BELMONT
PERCOLATION TEST CONVERSION TO INFILTRATION RATE
I
T(in/hr)= dt(min) x [r(in) + 2hAVG(in)]
dh(in) x 60(min/hr) x r(in)
Packet Pg. 3516
DATE:
CASE:
WO0842101.01
THE CONVERSION EQUATION USED IS:
Hole Radius r= 8 inches
Time Interval dt= 10 minutes
Initial height of water during selected time interval H0= 40 inches Final height of water during selected time interval Hf= 37 inches Change in height of water during selected time interval dH= 6.96 inches Average head of height over the selected time interval HAVG= 38.5 inches Converted infiltration rate per test data IT= 3.93 inches/hour
REQUIRED ENTRY
CALCULATED ENTRY
Company Name:
Designed By:
PORCHET METHOD-CONVERSION OF PERCOLATION
RATE TO INFILTRATION RATE
LEGEND PERC TEST NO:
NO 6
COMMENTS
SoCal Professional Engineers 9/10/2021
JRH BELMONT
PERCOLATION TEST CONVERSION TO INFILTRATION RATE
I
T(in/hr)= dt(min) x [r(in) + 2hAVG(in)]
dh(in) x 60(min/hr) x r(in)
Packet Pg. 3517
City of San Bernardino Public Works I Traffic Engineering Department Traffic Scope Approval Form
To be completed by applicant consultant and approved by Public Works prior to start of study Project TTM 20421
Name: Project
Address: Project
Description:
Single Family Home Project
Belmont Ave & Olive Ave
25 Single Family Dwelling Units
Developer's Name: S. D. Engineering and Associates
Address:
Tele:plume No. _ 9_0_9_-2_1_5_-_3_4_5_1 __ _
Trip Generation Rates from ITE Latest Edition
Land Use (1) Single Family
Development Sq Ft __ 2_5 _o_u _____ _
ITE Land Use Code 11th Edit ion Code 210
Daily Trips ---'2;;;_;3'""'6-------
AM Peak Hour Trips
Inbound __ 5 _____ _
Email address: [email protected]
Land Use{2) ------------
Development Sq Ft ------ --- --
ITE Land Use Code -----------
Daily Trips ------- ----
AM Peak Hour Trips
lnbouoo -----------
Outbound
Total
13 Outbound
18 Total ----------- ------------ PM Peak Hour Trips PM Peak Hour Trips Inbound' 15 lnbouoo ----------- Outbound
Total
9 Outbound _ _________ _
24 Total ___________ _
(Use Additional Sheet(s), if necessaty)
Pass-by Trips(%), if applicable: NI A %
Land Use (1) __________ _
ITE Land Use Code - --------
Daily Trips - ------ AM Peak Hour Trips
Inbound _______ _
Outbound ------- Total ________ _
PM Peak Hour Trips:
Inbound ______ _
Outbound ------- Toral ________ _
Land Use (2) - ----------
ITE Land Use Code -----------
Daily Trips ---------- AM Peak Hour Trips
Inbound -----------
Oulboulld - ---------- Toral ___________ _
PM Peak Hour Trips:
Inbound __________ _
Outbound - ----- ----- T olal ___________ _
Project Opening Year: _ 2_0_2_3 _____ Build-outYear: ------- Study Intersections: 1 Per City TIA guidelines less than 6 ------------ 2 250 daily ldps and 50 peak hour 7 -------- ---- 3 ____________ 8 _ ____ ______ _ 4 ____________ 9 ____ _______ _
5 10 - ---------- (Use Additjonal Sheet(s) and Macs to snow project Boundaries & Attsr;h memo tor oroiect Descri1>iionJ Packet Pg. 3518
Appendix F Traffic Scope Approval Form
Packet Pg. 3519
City of San Bernardino Public Works I Traffic Engineering Department Traffic Scope Approval Form
To be cooipleted by applicant consultant and approved by Public Works priOf" to start of study Study Roadway Segments: 1 _________ _ 2 ___________ _
3 ____ _____ _ 4 _ __________ _
s _________ _ 6 ___________ _
Proposed Development Use: ~Residential 0 Commercial 0 Mixed Use 0 other Software Methodology:
Additional issues to be considered:
0 Bike/Ped Accommodations
D Actuatiol\l'Coofdination
05Ynchro 0HCS
0Traffic calming measures
OMerQe Analysis
Osafety Analysis
Is the project screened from VMT assessment? ~Yes
0 Queuing Analysis
0 Gap Analysis
0 Sight Distance Analysis
0No
VMT Screening Justification: Project is located within a low VMT generating area - see attached from SBCTA screening tool
Ambient Growth Rate: %
Trip Distribution: East ___ % West ___ % Nor1h ___ % Sou1h ___ % Consultant Preparer's Name: T JW Engineering
----------------------~
Address: 9841 Irvine Center Drive, Suite 200
Telephone No. 949-878-3509 PE I TE L"'eRse #: 2565 ---------- EmaU Address: [email protected]
S~narure: ___ ...--;_,_t:_._()_~ ____ _ Date: 3-14-22
Approved By (Public Works Deparbnent):
Signarure: Jf1~
Packet Pg. 3520
IN Tl£ CITY OF SAN Bm<ARJOO. CCXMTY 0: SAN BE~ROIMl. ST ATE CF CALIFCAHA TENTATIVE TRACT MAP NO. 20421 BEING A SUBDIVISION OF THE EAST HALF OF LOT 2 IN BLOCK B5 AS SHOWN ON LICENSED LAND SURVEYOR'S MAP OF THE IRVINGTON LAND AND WATER COMPANY'S SUBD!V!S!ON OF A PART OF THE MUSCUPIABE RANCHO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. ON FILE IN BOOK l. PAGE 32 OF RECORDS OF SURVEY, IN THE OFFICE OF THE RECORDER OF SAID COUNTY.
SD. ENGINEERING A~ ASSOCIATES SEPTEIEER. 20<11
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s. D. ENGINEERING ANO ASSOCIATES
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IRVINGTON AVENUE
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Trip Generation
Proposed Land Use1 Qty Unlt1
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Sub Total
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5 13 18 15 9 24
Packet Pg. 3523
March 14, 2022
Mr. Suresh Doddiah
S.D. ENGINEERING & ASSOCIATES
242 E. Airport Drive, Suite 212
San Bernardino, CA 92408
TJW ENGINEERING, INC.
TRAFFIC ENGINEERING &
TRANSPORTATION PLANNING
CONSULTANTS
SUBJECT: TTM 20421 Single-Family Homes VMT Screening, City of San Bernardino Dear Mr. Doddiah,
TJW Engineering, Inc. (rJW) is pleased to submit this VMT Screening for the proposed project located at the northwest corner of Olive Avenue and Belmont Avenue in the City of San Bernardino. The proposed project includes 25 single-family dwelling units. A site plan is attached for reference. The purpose of this memorandum is to summarize the VMT screening process for the proposed project.
Proposed Project
The proposed site is located at the northwest corner of Olive Avenue and Belmont Avenue in the City of San Bernardino. The proposed project includes 25 single-family dwelling units. Site access will be provided along both Olive Avenue and Belmont Avenue.
Background
Senate Bill (SB) 743 was adopted in 2013 requiring the Governor's Office of Planning and Research (OPR) to identify new metrics for identifying and mitigating transportation impacts within the California Environmental Quality Act (CEqA). For land use projects, QPR has identified Vehicle Miles Traveled (VMT) as the new metric for transportation analysis under CEQA. The regulatory changes to the CEQA guidelines that implement SB 743 were approved on December 2gth, 2018 with an implementation date of July 15\ 2020 as the new metric.
The City of San Bernardino updated their Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment in August 2020. The document outlines guidelines for CEQA analysis including screening criteria and requirements for VMT assessment of land use projects. The City VMT guidelines provides screening criteria for projects including:
1. Transit Priority Area (TPA) Screening
2. Low VMT Area Screening
9841 Irvine Center Drive, Suite 200 I Irvine, California 92618 I t: (949) 878-3509 www.tjwengineering.com
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Ms. Doddiah
TTM 20421 VMT Screening
March 14, 2022
3. Project Type Screening
A land use project need only to meet one of the above screening thresholds to result in a less than significant impact.
Vehicle Miles Traveled (VMT) Screening
TPA Screening
As outlined in the City guidelines, projects located within a TPA (i.e. within Yz mile of an existing "major transit stop" or an existing stop along a "high quality-transit corridor" may be presumed to have a less than significant impact absent substantial evidence to the contrary. However, the presumption may not be appropriate if a project:
• Has a Floor Area Ratio (FAR) of less than 0.75;
• Includes more parking for use by residents, customers, or employees of the project than required by the jurisdiction (if the jurisdiction requires the project to supply parking); • Is inconsistent with the applicable Sustainable Communities Strategy (as determined by the lead agency, with input from the Metropolitan Planning Organization); or • Replaces affordable residential units with a smaller number of moderate- or high-income residential units.
Based on the screening tool results presented in the attached exhibit, the project site is not located with Yz mile of an existing major transit stop, or along a high-quality transit corridor.
TPA screening criteria is not met.
Low VMT Area Screening
The City guidelines states that "residential and office projects located within a low VMT-generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary. The Screening Tool uses the sub-regional San Bernardino Transportation Analysis Model (SBTAM) to measure VMT performance within individual traffic analysis zones (TAZ's) within the SBCTA region. The parcel containing the proposed project was selected and the Screening Tool was run for the Origin/Destination VMT per service population measure of VMT. Based on the Screening Tool results (see attached exhibit, the project is located within a low VMT-generating area. low VMT Area screening criteria is met.
Project Type Screening
The City guidelines identifies that local service projects less than 50,000 square feet may be presumed to have a less than significant impact absent substantial evidence to the contrary. In addition to local serving retail, various uses may, at the discretion of the City, be presumed to have a less than significant impact as their uses are often local serving in nature.
TJW Engineering, Inc.
SDE21003 TTM 20421 San Bernardino VMT Memo 03142022
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Ms. Doddiah
TIM 20421 VMT Screening
March 14, 2022
Page3
The proposed project is not a retail establishment and is not included among the City approved list of land uses. Specifically, the project proposes to construct 25 single-family dwelling units and the City has identified a threshold of 11 single-family dwelling units to be presumed to have a less than significant impact.
Project Type criteria is not met.
Summary
Based on our review of applicable VMT screening thresholds, as outlined in the City VMT guidelines (August 2020), the project meets the Low VMT Area screening criteria and would be assumed to result in a less than significant VMT impact. Therefore, no additional VMT analysis is required.
Please contact us at (949) 878-3509 if you have any questions regarding this analysis.
Sincerely,
Thomas Wheat, PE, TE
President
Registered Civil Engineer #69467
Registered Traffic Engineer #2565
TJW Engineering, Inc.
SDE21003 TTM 20421 San Bernardino VMT Memo 03142022
David Chew, PTP
Transportation Planner
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IN Tl£ CITY CF SA.~ 861-lARlll'O. aunv (J! SAN BERolAR>INJ. SU Tl:t CF CALlFCRUA TENTATIVE TRACT MAP NO. 20421
BEING A SUBDIVISION OF THE EAST HALF OF LOT 2 IN BLOCK 85 AS SHOWN ON LICENSED LAND SURVEYOR'S MAP OF THE IRVINGTON LAND AND WATER COMPANY'S SUBDIVISION OF A PART OF THE MUSCUPIABE RANCHO, IN THE COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. ON FILE IN BOOK l. PAGE 32 OF RECORDS OF SURVEY. IN THE OFFICE OF THE RECORDER OF SAID COUNTY.
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Appendix G Historical/Archaeological Resources Survey (Confidential) Packet Pg. 3529
Appendix H Response to Comment
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PO BOX 2473, Menifee, CA 92586-1473
Phone/Fax 951.301.7114
MEMORANDUM
From: Patti Nahill, Principal - PGN
To: Travis Martin, Associate Planner
City of San Bernardino Community & Economic Development Date: November 2, 2022
RE: Response to Comment Received on the Belmont Residential Subdivision Project – Development Code Amendment 21-05 and Subdivision No. 21-11 (Tentative Tract Map TTM 20421)
The City received 1 comment letter/email on the Draft Initial Study/Mitigated Negative Declaration for the proposed project from the Yuhaaviatam of San Manuel Nation. The emailed comment was received on October 11, 2022 after the close of the public review period. The comment was provided by Ryan Nordness, Cultural Resource Analyst.
Do not hesitate to give me a call if you have any questions regarding the contents of this package.
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1 Travis Martin
From: Ryan Nordness <[email protected]>
Sent: Tuesday, October 11, 2022 1:50 PM
To: Travis Martin
Subject: Notice of Intent to Adopt a Mitigated Negative Declaration for the Belmont and Olive Project, City of San Bernardino, CA
Caution - This email originated from outside the City - Verify that the Email display name and Email address are consistent. - Use caution when opening attachments.
Hello Travis,
Thank you for contacting the Yuhaaviatam of San Manuel Nation (formerly known as the San Manuel Band of Mission Indians) regarding the above referenced project. YSMN appreciates the opportunity to review the project documentation, which was received by our Cultural Resources Management Department on September 13th 2022, pursuant to CEQA (as amended, 2015) and CA PRC 21080.3.1. The proposed project area exists within Serrano ancestral territory and, therefore, is of interest to the Tribe. However, due to the nature and location of the proposed project, and given the CRM Department’s present state of knowledge, YSMN does not have any concerns with the project’s implementation, as planned, at this time. As a result, YSMN requests that the following language be made a part of the project/permit/plan conditions:
CUL MMs
1. In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60‐foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed within TCR‐1, regarding any pre‐contact and/or historic‐era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.
2. If significant pre‐contact and/or historic‐era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to YSMN for review and comment, as detailed within TCR‐1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.
3. If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100‐foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.
TCR MMs
1. The Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed in CR‐1, of any pre‐contact and/or historic‐era cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with YSMN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN for the remainder of the project, should YSMN elect to place a monitor on‐site. 1-1
Comment Letter #1
Packet Pg. 3532
2 2. Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to YSMN. The Lead Agency and/or applicant shall, in good faith, consult with YSMN throughout the life of the project.
Note: Yuhaaviatam of San Manuel Nation realizes that there may be additional tribes claiming cultural affiliation to the area; however, Yuhaaviatam of San Manuel Nation can only speak for itself. The Tribe has no objection if the agency, developer, and/or archaeologist wishes to consult with other tribes in addition to YSMN and if the Lead Agency wishes to revise the conditions to recognize additional tribes.
Please provide the final copy of the project/permit/plan conditions so that YSMN may review the included language.
This communication concludes YSMN’s input on this project, at this time, and no additional consultation pursuant to CEQA is required unless there is an unanticipated discovery of cultural resources during project implementation. If you should have any further questions with regard to this matter, please do not hesitate to contact me at your convenience, as I will be your Point of Contact (POC) for YSMN with respect to this project.
Respectfully,
Ryan Nordness
Ryan Nordness
Cultural Resource Analyst
Ryan.Nordness@sanmanuel‐nsn.gov
O:(909) 864‐8933 Ext 50‐2022
M:(909) 838‐4053
26569 Community Center Dr Highland, California 92346
Packet Pg. 3533
RESPONSE TO COMMENT
RYAN NORDNESS, CULTURAL RESOURCE ANALYST
YUHAAVIATAM OF SAN MANUEL NATION
COMMENT LETTER #1 (OCTOBER 11, 2022)
1-1 Your comment is noted and will be made available to the City decision-makers for consideration prior to a decision on the proposed Project.
Thank you for reaffirming the language previously provided to the City of San Bernardino on March 28, 2022. This language was incorporated into the Draft Initial Study/Mitigated Negative Declaration. The Tribe’s name change from the former San Manuel Band of Mission Indians to the Yuhaaviatam of San Manuel Nation has been made in the mitigation measures and the Mitigation Monitoring and Report Program.
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Development Code Amendment
(Zoning Map Amendment) 21-05 and Subdivision 21-11
(Tentative Tract Map 20421)
Presented by Travis Martin, Associate Planner
Community & Economic Development Department
Packet Pg. 3562
Proposed Project:
§ Change the Zoning District Classification from
Residential Low (RL) to Residential Suburban (RS)
for a parcel containing approximately 6.10 acres
§ 25 lot single-family residential subdivision
§ Southwest corner of W. Belmont Avenue and N.
Olive Avenue
Packet Pg. 3563
Aerial Map:
PROJECT SITE
Packet Pg. 3564
Zoning Designation:
PROJECT SITE
Packet Pg. 3565
Analysis:
§ 25 single-family residential lots
Minimum lot size – 7,372 square feet
Maximum lot size – 9,700 square feet
Average lot size – 7,916 square feet
§ Extensions to existing streets (Rosemary Lane and
Shepard Lane)
Packet Pg. 3566
Existing Site:
Packet Pg. 3567
Tentative Tract Map:
Packet Pg. 3568
Recommendation:
That the Mayor and City Council:
• Introduce for first reading, Ordinance No. MC-XXXX of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving Development Code Amendment (Zoning Map Amendment) 21-05;
• Adopt Resolution No. 2022-XXX of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 21-11 (Tentative Tract Map 20421); and
• Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on January 18, 2023.
Packet Pg. 3569
This space for filing stamp only
OR#:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature
SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3646046
JESSICA NAMETZ
SAN BERNARDINO CITY DEV SERVICE
300 NORTH D ST #300
SAN BERNARDINO, CA - 92418
HRG - NOTICE OF HEARING
12.7.22 MCC
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
11/22/2022
11/22/2022
SAN BERNARDINO
!A000006173793! Email Packet Pg. 3570
NOTICE OF PUBLIC HEARING
BEFORE THE MAYOR AND CITY COUNCIL
Notice is hereby given that the City of San Bernardino Mayor and City Council will hold a public hearing on Wednesday, December 7, 2022 at 7:00 p.m. in the Feldheym Public Library, Bing Wong Auditorium, 555 West 6th Street, San Bernardino, California 92410, on the following item(s):
DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 21-05 AND SUBDIVISION 21-11 (TENTATIVE TRACT MAP 20421) – A request to change the Zoning District Classification of a parcel (APN: 0261-151-10) containing a total of 6.10 acres from Residential Low (RL) to Residential Suburban (RS); and, allow the subdivision of the property into twenty-five (25) single-family residential lots ranging in size from 7,372 to 9,377 square feet. The project site is located on the southwest corner of W. Belmont Avenue and N. Olive Avenue, within the Residential Low (RL) zone.
Environmental Determination: Mitigated Negative Declaration, pursuant to Section 15074 (Adoption of a Mitigated Negative Declaration) of the State CEQA Guidelines
Owner: Inland Self Storage Management
Applicant: Rene Jacober
The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items. The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions. The public is welcome to speak at the public hearing or to submit written comments prior to the hearing. For more information, please contact the City Clerk’s Office by phone at (909) 384-5002.
If you challenge the resultant action of the Mayor and City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing.
CNSB #3646046
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Urgency Ordinance – Development Code Amendment 22-07 (SB 897)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Urgency Ordinance No. MC-1604 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 22-07 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Accessory Dwelling Units) of Title 19 (Development Code) of the City of San Bernardino Municipal Code); and finding such action statutorily exempt under the California Environmental Quality Act (Attachment 1).
Background
In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate Accessory Dwelling Units (“ADU’s”) and Junior Accessory Dwelling Units (“JADU’s”). In September 2022, the California Legislature approved, and the Governor signed into law, Senate Bill No. 897 (“SB 897”) (Attachment 3), which among other things:
• Requires the City to allow certain ADU’s to be higher — up to 18 or 25 feet, depending on the situation.
• Requires the City’s front setback to yield for certain ADU’s. • Requires the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them. • Removes the automatic repeal in 2025 (now the ADU statute is permanent).
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SB 897 takes effect January 1, 2023. If the City’s ADU ordinance does not comply with requirements of SB 897 by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law, and the City will have to allow ADU’s with no local regulation except for the few requirements in the state ADU law itself.
Discussion
The proposed ordinance amends the City’s local regulatory scheme for the construction of ADU’s and JADU’s to comply with recently amended provisions of Government Code sections 65852.2 and 65852.22.
Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) by January 1, 2023, renders the City’s ADU ordinance null and void, thereby limiting the City to the application of the few default state standards provided in Government Code sections 65852.2 and 65852.22. The approval of ADU’s and JADU’s based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.
The attached Urgency Ordinance includes changes to Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Accessory Dwelling Units) of Title 19 (Development Code) of the City of San Bernardino Municipal Code).
The ADU code amendments are proposed for adoption by urgency ordinance, in accordance with Government Code section 36937, subdivision (b), and will be followed at the earliest possible time by a non-urgency ordinance that will be considered for approval by the Planning Commission before returning to the City Council for ultimate adoption.
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development, as follow:
✓ 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.
The adoption of the Urgency Ordinance and implementation of Development Code Amendment 22-07 is consistent with the City’s General Plan by allowing for the development of ADU’s within the single-family residential and multi-family residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at-large, while maintaining consistency with state law (SB 897). Additionally, as regulated by Development Code Amendment 22-07, new ADU’s will serve the City’s housing needs in compliance with California Government Code Section 65852.2
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California Environmental Quality Act
Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADU’s, as defined by section 65852.22.
Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.
2021-2025 Strategic Targets and Goals
The Urgency Ordinance (Development Code Amendment 21-07) with Key Target No. 4:
Economic Growth & Development, specifically 4(b): Update the General Plan and Development Code. The specific amendments to the Development Code standards for Accessory Dwelling Units proposed under Development Code Amendment 21-07 will ensure that the Development Code is consistent with state law.
Fiscal Impact
There is no fiscal impact to the City’s General Fund associated with this report.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Urgency Ordinance No. MC-1604 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 22-07 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Accessory Dwelling Units) of Title 19 (Development Code) of the City of San Bernardino Municipal Code); and finding such action statutorily exempt under the California Environmental Quality Act Attachments
Attachment 1 Urgency Ordinance No. MC-1604 (Approving Development Code Amendment 22-07)
Attachment 2 Urgency Ordinance No. MC-1604 (Approving Development Code Amendment 22-07) – Exhibit A
Attachment 3 California Legislative Information – Senate Bill No. 897 Attachment 4 Urgency Ordinance No. MC-1604 Presentation Ward:
All Wards
Synopsis of Previous Council Actions:
None
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Ordinance No. MC-1604
1 ORDINANCE NO. MC-1604
URGENCY ORDINANCE OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, APPROVING DEVELOPMENT CODE
AMENDMENT 22-07 AMENDING CHAPTER 19.04
(RESIDENTIAL ZONES); SECTION 19.04.030(2)(P)
(ACCESSORY DWELLING UNITS) OF TITLE 19
(DEVELOPMENT CODE) OF THE CITY OF SAN
BERNARDINO MUNICIPAL CODE); AND FINDING THE
SUCH ACTION STATUTORILY EXEMPT UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, the City of San Bernardino, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22; and
WHEREAS, SB 897 takes effect January 1, 2023, and if the City’s ADU ordinance does not comply with the requirements imposed by SB 897 by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 897 because if the City’s ordinance does not comply with the amended laws as of January 1, 2023, and the City’s ADU ordinance becomes null and void, the City would thereafter be limited to applying the few default standards that are provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, Packet Pg. 3575
Ordinance No. MC-1604
2 health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code Section 36937, subdivision (b).
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. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.
SECTION 3. Finding of Facts – Development Code Amendment 21-09 Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: Development Code Amendment 21-09 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.
The adoption of the Urgency Ordinance and implementation of Development Code Amendment 22-07 is consistent with the City’s General Plan by allowing for the development of Accessory Dwelling Units within the single-family residential and multi-family residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at-large, while maintaining consistency with state law (SB 897). Additionally, as regulated by Development Code Amendment 22- 07, new Accessory Dwelling Units will serve the City’s housing needs in compliance with California Government Code Section 65852.2 Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
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Ordinance No. MC-1604
3 Finding of Fact: The adoption and implementation of Development Code Amendment 22- 07 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. In enacting the aforementioned legislation the State Legislature identified Accessory Dwelling Units (ADU) has an important housing option for renters and homeowners, given the undersupply of housing that exists in the State. Development Code Amendment 22-07 will bring the City’s Development Code into compliance with the aforementioned statute.
SECTION 4. Chapter 19.04 (Residential Zones), Section 19.04.030(2)(P) (Accessory Dwelling Units) of Title 19 (Development Code) of the City of San Bernardino Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 5. Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination 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 provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.
SECTION 7. Effective Date. This Urgency Ordinance takes effect immediately upon its adoption.
SECTION 8. Notice of Adoption. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, within 15 days after its adoption.
SECTION 9. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.
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
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Ordinance No. MC-1604
4 Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Ordinance No. MC-1604
5 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 Urgency Ordinance No. MC-1604, introduced _____ and 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
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EXHIBIT A
19.04.030(2)(P) (Second Dwelling Unit Housing Design Standards Standards) shall be amended and restated to read in its entirety follows:
P. Accessory Dwelling Units
1. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.
2. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
a. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. c. Considered in the application of any local ordinance, policy, or program to limit residential growth.
d. Required to correct a nonconforming zoning condition, as defined in subsection 3.g below.
This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
3. Definitions. As used in this section, terms are defined as follows:
a. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
i. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
ii. A manufactured home, as defined by section 18007 of the California Health and Safety Code.
b. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
c. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
d. “Efficiency kitchen” means a kitchen that includes each of the following:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
e. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
i. It is no more than 500 square feet in size.
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EXHIBIT A
ii. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. iii. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
iv. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
f. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. g. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
h. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
i. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
j. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. k. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
4. Approvals. The following approvals apply to ADUs and JADUs under this section:
a. Statutory Criteria. If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:
i. Converted on Single-family Lot: One ADU as described in this subsection 0 and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b) Has exterior access that is independent of that for the single-family dwelling; and c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d) The JADU complies with the requirements of Government Code Section 65852.22.
ii. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that Packet Pg. 3581
EXHIBIT A
might otherwise be established on the lot under subsection 0 above), if the detached ADU satisfies each of the following limitations:
a) The side- and rear-yard setbacks are at least four-feet. b) The total floor area is 800 square feet or smaller.
c) The peak height above grade does not exceed the applicable height limit in subsection 5.c below.
iii. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection 1.a.i.c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
iv. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
b) The peak height above grade does not exceed the applicable height limit provided in subsection 5.c below.
b. Additional Criteria.
i. An ADU that does not qualify under the criteria set forth in subsection 0 above may be created with a building permit if it complies with the standards set forth in subsections 5 and 6 below.
c. Process and Timing.
i. An ADU application is considered and approved ministerially, without discretionary review or a hearing.
ii. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City does not approve or deny the completed application within 60 days, the application is deemed approved unless either:
a) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. iii. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the Packet Pg. 3582
EXHIBIT A
defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection Error! Reference source not found. above.
iv. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
5. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections 0 or 0 above:
a. Zoning.
i. An ADU or JADU subject only to a building permit under subsection 0 above may be created on a lot in a residential or mixed-use zone.
ii. An ADU or JADU subject to an ADU permit under subsection 0 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
b. Access. Each ADU and JADU must have direct exterior access that is separate from that of the primary dwelling.
c. Height.
i. Except as otherwise provided by subsections 0 and 0 below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
ii. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. iii. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
iv. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection 0 may not exceed two stories. v. For purposes of this subsection 5.c, height is measured above existing legal grade to the peak of the structure.
d. Fire Sprinklers.
i. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
ii. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
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EXHIBIT A
e. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.
This prohibition applies regardless of when the ADU or JADU was created. f. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
g. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. h. Owner Occupancy. As required by state law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection Error! Reference source not found. does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
i. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
i. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling. ii. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
iii. The deed restriction runs with the land and may be enforced against future property owners.
iv. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated.
Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
v. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
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EXHIBIT A
6. Specific ADU Requirements. The following requirements apply only to ADUs that are approved under subsection 0 above.
a. Maximum Size.
i. The maximum size of a detached or attached ADU subject to this subsection 6 is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
ii. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. iii. Application of other development standards in this subsection 6, such as setbacks or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection 0 above or of a lot coverage limit or openspace requirement may require the ADU to be less than 800 square feet. b. Setbacks.
i. An ADU that is subject to this subsection 6 must conform to a 25-foot front-yard setback, subject to subsection 0 above.
ii. An ADU that is subject to this subsection 6 must conform to 4-foot side- and rear-yard setbacks.
iii. No setback is required for an ADU that is subject to this subsection 6 if the ADU is constructed in the same location and to the same dimensions as an existing structure. c. Lot Coverage. No ADU subject to this subsection 6 may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection 0 above. d. Passageway. No passageway, as defined by subsection 3.h above, is required for an ADU. e. No Replacement Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. f. Architectural Requirements.
i. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. ii. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. iii. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
iv. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building façade, not facing a public-right-of-way.
7. Fees. The following requirements apply to all ADUs and JADUs that are approved under subsections 0 or 0 above.
a. Impact Fees.
i. No impact fee is required for an ADU or JADU that is less than 750 square feet in size.
For purposes of this subsection 7.a, “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477).
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“Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
ii. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) b. Utility Fees.
i. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. ii. Except as described in subsection 0, converted ADUs and JADUs on a single-family lot that are created under subsection 0 above are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required.
iii. Except as described in subsection 0, all ADUs and JADUs that are not covered by subsection 0 require a new, separate utility connection directly between the ADU or JADU and the utility.
a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
b) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
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11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 1/20 SHARE THIS: Date Published: 09/29/2022 02:00 PM
SB-897 Accessory dwelling units: junior accessory dwelling units. (2021-2022) Senate Bill No. 897
CHAPTER 664
An act to amend Section 65852.22 of, to add Section 65852.23 to, and to repeal and amend Section 65852.2 of, the Government Code, and to amend Section 17980.12 of the Health and Safety Code, relating to land use.
[ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 897, Wieckowski. Accessory dwelling units: junior accessory dwelling units. (1) Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit.
This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
This bill would require a local agency to review and issue a demolition permit for a detached garage that is to be replaced by an accessory dwelling unit at the same time as it reviews and issues the permit for the accessory dwelling unit. The bill would prohibit an applicant from being required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced by an accessory dwelling unit, as specified.
Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear setback requirement.
This bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 18 feet if the accessory dwelling unit is within 1 /2 mile walking distance of a major transit stop or
a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would increase the maximum Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Packet Pg. 3587
11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 2/20 height limitation that may be imposed by a local agency on an accessory dwelling unit to 25 feet if the accessory dwelling unit is attached to a primary dwelling, except as specified.
Existing law requires an ordinance that provides for the creation of an accessory dwelling unit to require accessory dwelling units to comply with local building code requirements that apply to detached dwellings, as appropriate. Existing law also prohibits an ordinance from requiring an accessory dwelling unit to provide fire sprinklers if they are not required for the primary residence.
This bill would provide that the construction of an accessory dwelling unit does not constitute a Group R occupancy change under the local building code, except as specified. The bill would prohibit the construction of an accessory dwelling unit from triggering a requirement that fire sprinklers be installed in the existing primary dwelling.
Existing law provides that a local agency must ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 16 feet and a 4-foot side and rear setback requirement.
This bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 18 feet if the accessory dwelling unit is within 1 /2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25 feet if the accessory dwelling unit is attached to a primary dwelling, except as specified. The bill, if the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet, would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit a local agency from rejecting an application for an accessory dwelling unit because the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet.
Existing law prohibits a local agency from imposing parking standards on certain accessory dwelling units, including those that are located within
1 /2-mile walking distance of public transit.
This bill would also prohibit a local agency from imposing any parking standards on an accessory dwelling unit that is included in an application to create a new single-family dwelling unit or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit meets other specified requirements.
Existing law, when a local agency has not adopted an ordinance governing accessory dwelling units, requires a permitting agency to act on an application to create an accessory dwelling unit or a junior accessory dwelling unit within specified timeframes.
This bill would require a permitting agency to return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant, if the permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit. (2) Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires an ordinance that provides for the creation of a junior accessory dwelling unit to, among other things, (A) require that the unit be constructed within the walls of the proposed or existing single-family residence, (B) require that the unit include a separate entrance from the main entrance to the proposed or existing single-family residence, and (C) require owner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted.
This bill would specify that enclosed uses within the proposed or existing single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence. The bill would require a junior accessory dwelling unit that does not include a separate bathroom to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. The bill would also prohibit a local agency from denying an application for a permit to create a junior accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit.
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11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 3/20 (3) Existing law requires a local agency, in enforcing building standards applicable to accessory dwelling units, to delay enforcement for up to 5 years upon the owner submitting an application requesting the delay on the basis that correcting the violation is not necessary to protect health and safety.
This bill would prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because, among other things, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.
This bill would specify that this prohibition does not apply to a building that is deemed substandard under specified provisions of law.
(4) Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities.
This bill would state the intent of the Legislature that accessory dwelling unit grant programs provide funding for predevelopment costs and facilitate accountability and oversight, as specified. (5) This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 2221 to be operative only if this bill and AB 2221 are enacted and this bill is enacted last. (6) By imposing new duties on local governments with respect to the approval of accessory dwelling units and junior accessory dwelling units, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to ensure that grant programs that fund the construction and maintenance of accessory dwelling units undertake both of the following:
(a) Provide funding for predevelopment costs, such as development of plans and permitting of accessory dwelling units.
(b) Facilitate accountability and oversight, including annual reporting on outcomes to the Legislature.
SEC. 2. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent Packet Pg. 3589
11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 4/20 with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
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11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 5/20 (3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing singlefamily or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision.
(10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
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11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 6/20 (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
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11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 7/20 (1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to the applicable height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet.
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11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 8/20 (ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
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11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 9/20 (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, Packet Pg. 3595
11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 10/20 applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part
1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.
SEC. 2.5. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
Packet Pg. 3596
11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 11/20 (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit Packet Pg. 3597
11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 12/20 application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision.
(10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary Packet Pg. 3598
11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 13/20 review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit.
Packet Pg. 3599
11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 14/20 (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
(E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet.
(ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming Packet Pg. 3600
11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 15/20 zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
Packet Pg. 3601
11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 16/20 (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
Packet Pg. 3602
11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 17/20 (11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part
1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.
SEC. 3. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of 2021, is repealed.
SEC. 4. Section 65852.22 of the Government Code is amended to read:
65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. (5) (A) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence. (B) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an Packet Pg. 3603
11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 18/20 interior entry to the main living area.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards.
(c) (1) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (2) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(d) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this section due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit.
(e) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (f) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (g) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all singlefamily residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (h) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(i) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
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11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 19/20 (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (3) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.
SEC. 5. Section 65852.23 is added to the Government Code, to read:
65852.23. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following:
(1) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit does not comply with Section 65852.2 or any local ordinance regulating accessory dwelling units.
(b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. (c) The section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
SEC. 6. Section 17980.12 of the Health and Safety Code is amended to read:
17980.12. (a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety. (3) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety. (4) The enforcement agency shall grant an application described in paragraph (2) if the enforcement agency determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146. (5) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (4).
(b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2. (c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
SEC. 7. Section 2.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Assembly Bill 2221. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65852.2 of the Packet Pg. 3605
11/8/22, 2:28 PM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897 20/20 Government Code, and (3) this bill is enacted after Assembly Bill 2221, in which case Section 2 of this bill shall not become operative.
SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
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Development Code Amendment 22-07
(Accessory Dwelling Units – 2022 Update)
Presented by Travis Martin, Associate Planner
Community & Economic Development Department
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Background:
• May 2021 – MC-1559 adopted establishing standards for Accessory Dwelling Units in compliance with Government
Code sections 65852.2 and 65852.22.
• September 2022 – Governor signed into law SB 897 further amending Government Code sections 65852.2 and
65852.22.
• Effective January 1, 2023: Existing location ordinances not in compliance will be null and void.
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Significant Changes:
Requires the City to allow certain ADUs to be higher — up to 18 or 25 feet, depending the situation,
Requires the City’s front setback to yield for certain ADUs, Requires the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them, and
Removes the automatic repeal in 2025 (now the ADU statute is permanent).
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Recommendation:
That the Mayor and City Council:
• Adopt Urgency Ordinance No. MC-XXXX approving
Development Code Amendment 22-07 amending Chapter
19.04 (Residential Zones); Section 19.04.030(2)(P)
(Accessory Dwelling Units); and finding such action statutorily exempt under the California Environmental Quality Act.
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Adopt New Purchasing Policy and Introduce
Ordinance No. MC-1605 amending Section 3.04 of the
Municipal Code. (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Introduce, read by title only, and waive further reading of Ordinance No. MC-1605 amending Section 3.04 of the Municipal Code of the City of San Bernardino, California, and
2. Adopt Resolution 2022-246 adopting the Purchasing Policy for the City of San Bernardino.
Background
Over the last two years, the Finance Department has been working to build a robust, responsive Purchasing Division. During the bankruptcy, purchasing personnel in Finance was cut to one Assistant Buyer who was tasked with coordinating procurement for the entire City. Out of necessity, the majority of procurement functions were decentralized, and departments completed most of their own procurement, from small purchases of supplies to major requests for proposals for capital projects with limited assistance from Finance.
While this worked when there was little funding available, as the City has reached financial stability and is now able to invest in ongoing service and capital projects, having a centralized purchasing model backed by well-defined Policy and Municipal Code is of paramount importance. In August, Council requested that the purchasing thresholds of the City Manager and Purchasing Division Manager be added to a future Council meeting agenda, recognizing that the current $49,999 maximum threshold for the City Manager’s contracting authority is low relative to the size of the City of San Packet Pg. 3611
Bernardino and the business that the City conducts.
To provide the foundation for good governance, the Municipal Code governing purchasing was rewritten and simplified. A Purchasing Policy (Attachment 4) has been developed in alignment with the Municipal Code that will support operations and ensure appropriate internal controls are in place.
Discussion
As briefly discussed above, the Municipal Code and the Purchasing Policy are two key aspects of procurement that work together to provide the foundation of good governance and the policy framework for citywide procurement. They must complement each other to ensure legal compliance and support efficient and effective operations.
Municipal Code. The San Bernardino Municipal Code was originally developed with very specific procedures for each aspect of the procurement process (Attachment 1).
In the redline (Attachment 2), there are numerous changes recommended, removing much of the procedural guidance and adding thresholds for bidding requirements and approval levels, as well as simplifying the language. The changes are intended to put in place a governing Municipal Code that supports Purchasing Policy, internal control, and good governance. The Municipal Code and the Purchasing Policy work together to ensure the City does business legally, efficiently, and effectively. When governance and internal policy are properly aligned, day-to-day operations related to procurement can run smoothly. The Municipal Code should provide the framework from which policies are developed; policies then provide more specific rules, from which procedures are built for efficient operations.
Below the most significant changes to the Municipal Code are outlined.
Section 3.04.030 Estimates of Requirements – eliminated, replaced This section required departments to submit estimates to the City Administrator for their supplies, materials and equipment needs for the year. This kind of estimate is no longer necessary because the City contracts with Staples for office supplies and individual departments bid materials and equipment either individually or collectively depending on needs.
3.04.030 Bidding Requirements (Summary) - New
This section was added to specify at what threshold competitive bids or proposals are required versus informal or formal quotes. The procurement process used to purchase supplies, material, equipment and contracted services is dependent upon the total dollar amount of the goods or services to be purchased and the type of purchase.
A. Purchases up to $10,000 may be purchased using a Purchasing Card or through a check request with no requirement for formal bids or quotes.
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B. Purchases between $10,001 and $40,000 are processed informally, through vendor quotations and maybe processed directly by the department making the purchase. The informal bidding process is more particularly described in the Purchasing Policy.
C. Purchases above $40,000 are subject to formal competitive bidding or competitive selection depending on the type of purchase. The formal competitive bidding process is more particularly described in the Purchasing Policy.
Section 3.04.040 Requisitions – eliminated, replaced
This section stated that all using departments were to submit requisitions for supplies, materials and equipment on standard requisition forms to the Purchasing Agent. The City no longer uses requisition forms; this model is more reflective of a central stores function in which a City maintains an inventory in a centralized location and “sells” the supplies, materials, and equipment to departments as needed. With the availability of just-in-time delivery, this model is no longer commonly used.
3.04.040 Approval Authority (Summary) – New
This section was added to specify authorization levels. It provides the authority to purchase supplies, material, equipment, and contracted services dependent upon the total dollar amount of the goods or services to be purchased and the type of purchase. Purchasing authority is based on the following amounts:
A. Purchases up to $50,000 may be authorized by the Agency/Department Director and/or the City Manager.
B. Purchases between $50,001 and $100,000 may only be authorized by the City Manager or their designee.
C. Purchases over $100,000 may only be authorized by the Mayor and City Council.
3.04.070 Formal Contract Procedure – eliminated, replaced This Section has been eliminated; it outlined specific procedures, as opposed to providing a governance framework for the development of Policy and operational procedure.
3.04.070 Emergency Purchases (Summary) - formerly 3.04.075 The only substantive change to this section is adding a requirement that the Mayor and City Council be notified of any emergency purchases within forty-eight Packet Pg. 3613
(48) hours of the purchase.
3.04.080 Open Market Procedure – eliminated, replaced
Like previous Section 03.04.070 Formal Contract Procedures, this section provided procedures for purchases in the open market, as opposed to providing a governance framework for the development of Policy and operational procedure.
3.04.080 Surplus Supplies and Equipment (Summary) – formerly 3.04.100 The only substantive change to this section is removing language restricting the sale of some surplus to non-profits and sister Cities with Mayor and City Council action. The Mayor and City Council are always able to use their prerogative to direct the City Manager in the treatment of particular surplus items.
3.04.085 Services; 3.04.090 Annual Audit; 3.04.105 Sale of Surplus Property;
3.04.110 Surplus Vehicles and Equipment; 3.04.115 City Manager – eliminated Like previous Sections 3.04.070 Formal Contract Procedures and 3.04.080 Open Market Procedures, Sections 3.04.085 Services, 3.04.105 Sale of Surplus Property and 3.04.110 Surplus Vehicles and Equipment provide procedures for the purchase of services, the sale of surplus property, and the sale of surplus vehicles and equipment, as opposed to providing a governance framework for the development of Policy and operational procedure. There remains a section for surplus, 3.04.080 Surplus Supplies and Equipment, and Section IX of the Purchasing Policy provides more specific detail and guidance. Within the Purchasing Policy there are six sections dedicated to bid, proposal, and contracting procedures:
III. Informal Procurement Process
IV. Formal Procurement
V. Specialized Procurement Situations
VI. Exemptions
VII. Bid Protests
VIII. Contracting
Section 3.04.115 City Manager of the Municipal Code assigned the City Manager the same duties previously assigned to the Purchasing Agent and is unnecessary. Section 3.04.090 Annual Audit is unclear in its intent; referring to an annual audit of accounts established pursuant to the authority granted under this Chapter. However, the creation of accounts is not within the purview of Purchasing. The annual external audit includes testing of the purchasing process to ensure that the City maintains adequate and appropriate internal controls and separation of duties. These two sections have been eliminated.
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3.04.100 Local Bidders – formerly 3.04.125
This section has been updated to change the one-percent (1%) local vendor “preference” comparison credit for goods and materials bids to five-percent (5%), which is more in line with other local governments, to clarify that the vendor should have facilities within the City of San Bernardino to be considered a “local vendor,” and that they are required to hold a valid Business License with the City.
The Purchasing Policy includes additional language about Local Vendor Outreach, which will be a required part of the standard bid or request for proposal procedures to ensure that local vendors are aware of any opportunities to do business with the City and can submit a bid or proposal for any work for which they may be qualified.
Purchasing Policy. The Purchasing Policy takes a much deeper dive into the specifics of each area of procurement, providing detailed guidance, definitions, examples, exceptions and prohibitions. The Policy supports the following purposes and objectives:
1. To ensure compliance with all current laws and regulations
2. To promote transparency of the City’s procurement activities
3. To establish standardized, cost-effective, and efficient purchasing methods
4. To ensure continuity of City operations
5. To promote fair competitive processes
6. To maintain integrity and fairness
7. To support the City’s mission and serve the best interest of the public The Policy lays out the same bid/proposal thresholds and approval authority levels, and provides specific detail on conflicts of interest, informal and formal purchasing processes, competitive procurement, prohibitions, specialized procurement situations including disadvantaged business enterprise, small business enterprise, local vendor preference and outreach, and grant-funded procurement, exemptions, bid protests, contracting, and surplus supplies and equipment.
Internal Control
It is important to note that neither the Policy nor the Municipal Code provides a separate purchasing authorization level for the Purchasing Division Manager. This decision was made after considerable research of best practices and discussion with subject matter experts. While in very large organizations (counties, for profits companies with multiple locations) purchasing agents and managers often had direct authority to make purchases, this was almost never the case in municipalities. In municipalities, the Purchasing Manager and Purchasing Division act as the key internal control point for the authorized purchasers (P-Card users, Directors, City Manager), ensuring that those making purchases adhere to Policy, Municipal Code, relevant law, regulations and any grant requirements. In very large organizations, this internal control function may fall under the purview of a separate fully staffed internal audit function. In the very large organizations with the purchasing agent structure, every division in the organization has at a minimum one assigned purchasing agent, Packet Pg. 3615
because in this case often only agents have authorization to make purchases. This structure requires considerably more full-time staff and is a model that is financially impractical for most cities.
As mentioned above in the Municipal Code Section 3.04.100 Local Bidders, the Policy reiterates the local vendor preference of 5%, and requires local vendor outreach for all competitive bids and proposals as follows:
1. Local Vendor Preference.
As legally allowed, specifically in the procurement of goods and materials, the City will provide a 5% local vendor credit for vendors physically located within the City of San Bernardino. As specified in Municipal Code Section 3.04.100, the vendor must maintain fixed facilities within the jurisdiction of the City of San Bernardino and hold an appropriate City of San Bernardino Business License.
2. Local Vendor Outreach.
Outreach to local vendors will be included in all informal and formal quotes, bids, requests for proposals, and requests for qualifications.
The Policy addresses the goals of the disadvantaged business enterprise (DBE) Program as follows:
The City shall take affirmative steps to assure that minority businesses, women’s business enterprises, and small businesses are used when possible. Affirmative steps include:
1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists
2. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources
3. When economically feasible, dividing large projects into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises
5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce
6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed immediately above.
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The Purchasing Division was able to successfully recruit and onboard a Disadvantaged Business Enterprise Specialist, who began employment with the City on November 7. The Purchasing Division currently consists of four authorized fulltime equivalent positions. While this is not enough to centralize all procurement, the proposed changes to the Municipal Code and new Policy are intended to enable departments to procure goods and services up to $50,000 within their own authority with confidence that they have the tools to make the right procurement decisions for their department and the City, while the Purchasing Division provides expert advice and assistance as needed.
2021-2025 Strategic Targets and Goals
The changes to the Municipal Code and the adoption of the Purchasing Policy align with Key Strategic Goals 1.a. Establish clear policy direction and predictable organizational structures, and 1.d. Create a framework for spending decisions.
Fiscal Impact
There is no fiscal impact to the City in adopting the new Purchasing Policy and in introducing the Ordinance amending the Municipal Code.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Introduce, read by title only, and waive further reading of Ordinance No. MC-1605 amending Section 3.04 of the Municipal Code of the City of San Bernardino, California, and
2. Adopt Resolution 2022-246 adopting the Purchasing Policy for the City of San Bernardino.
Attachments
Attachment 1 – Municipal Code Section 3.04
Attachment 2 – Municipal Code Section 3.04 Redline
Attachment 3 – Resolution No. 2022-246 Adopting Purchasing Policy Attachment 4 – Exhibit A – Proposed Purchasing Policy
Attachment 5 – Ordinance No. MC-1605 to Amend Municipal Code Section 3.04
Attachment 6 – PowerPoint Presentation Purchasing Policy Ward:
All Wards
Synopsis of Previous Council Actions:
August 3, 2022 Mayor and City Council requested that am item be added to a future meeting to give the Chief Procurement Officer a Packet Pg. 3617
dollar authorization of $50,000 and increase City Manager’s signing authority to $100,000 (All Wards) – Council Member Alexander
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3.04.010 Adoption of Purchasing System
A. Establishment. In order to establish efficient procedures for the purchase of supplies, materials and equipment, and contracted services, to secure for all departments or agencies of the City excepting the Municipal Water Department and the Free Public Library, supplies, materials, equipment, and services at the lowest possible cost commensurate with the quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing functions and to assure that quality of purchases, a centralized purchasing system is adopted. Except as specified herein, there shall be no exemption from centralized purchasing and no Aagency or Ddepartment shall be authorized to purchase, or contract for the purchase of supplies, services or equipment independently of the administrative officePurchasing Division. The Municipal Water Department and the San Bernardino Public Library shall not be subject to this centralized purchasing system; however; the Board of Water Commissioners and the Board of the San Bernardino Free Public Library shall employ procedures substantially in compliance with the provisions of this Chapter as such may be applicable.
B. Purchasing Policy. All purchases of goods, supplies, equipment and services shall be made in accordance with the formal Purchasing Policy in effect at the time of purchase.
The Purchasing Policy shall be developed by staff and adopted by mayor and City Council. The Purchasing Policy may be changed from time to time by City Council Resolution in order to remain in compliance with necessary law and to address the evolving procurement needs of the City.
C. Vendor Lists. The City may utilize the processes of this Chapter and Purchasing Policy to procure cendors who will be eligible or preferred to provide goods or services to the City on an as-needed basis.
BD. Exemptions. This Chapter shall not apply to the following:
1. Purchases from, or sales to a government or governmental agency, or through any advantageous governmental contract approved by the Council, or to the purchase of election supplies, or to purchases and/or services or service contracts relating to litigation or prosecution or investigations thereof, or to purchases and/or services or service contracts relating to fire and police investigations, or to the purchases and/or services or service contracts relating to board up or demolition of buildings or structures.
2. Purchases from a vendor or manufacturer which, through the City's bidding procedure, or other California government or governmental agency's bidding procedure, has established a price at which such a vendor or manufacturer is willing to sell to the City. During such a bid procedure more than one responsive bid must have been received, and the bid award must have occurred within one year at the City's issuance of a purchase order.
3. Purchases approved by the Mayor and Common Council.
4. Purchases for less than $500.00of less than ten thousand dollars ($10,000).
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5. Public Works Projects. Procurement procedures for Public Works Projects are defined in Chapters 12.20, 12.21 and 12.24 of the San Bernardino Municipal Code.
6. Sole Source procurements as more defined in the Purchasing Policy,
7. Emergency Procurements as more defined in Section 3.04.070 of the Municipal Code and the Purchasing Policy.
8. Federal/Grant-Funded Procurement to the extent that this Chapter and Purchasing Policy is inconsistent any federal, grant or other funding source requirement for a particular purchase. In that event, the federal, grant or other funding source procurement requirements shall control.
9. Inadequate competition as more defined in the Purchasing Policy. (Ord. MC-983, 9-24-96; Ord. MC-858, 1-12-93; Ord. MC-608, 9-22-87; Ord. MC-513, 4- 22-86; Ord. MC-431, 1-25-85; Ord. 2588, 6-23-64)
3.04.020 Purchasing Officer Division
The purchase and sale of all supplies, materials and equipment and services, shall be the responsibility of the purchasing agent under the direction and supervision of the administrative officer.Unless otherwise exempted under this Chapter, the purchase and sale of all supplies, materials, equipment, and services shall be the responsibility of the Purchasing Division. The Purchasing Division is part of the Finance Department, which is responsible for carrying out written administrative procedures adopted by the City Council related to Procurement. The Purchasing Division Manager is responsible for the Purchasing Policy, and will develop, advise, review, audit and ensure compliance throughout the Purchasing process as the City’s subject matter expert.
(Ord. MC-858, 1-12-93 ; Ord. 2588, 6-23-64)
3.04.030 Estimates of requirementsBidding Requirements
All using departments and agencies shall file detailed estimates of their requirements for supplies, materials and equipment in such manner, at such time, and for such future periods as the City Administrative office shall prescribe.The procurement process used to purchase supplies, materials, equipment, and contracted services is dependent upon the total dollar amount of the goods or services to be purchased and the type of purchase.
A. Purchases up to $10,000
Purchases up to $10,000 may be purchased using a Purchasing Card or through a check request with no requirement for formal bids or quotes.
B. Purchases between $10,001 and $40,000
Purchases between $10,001 and $40,000 are processed informally, through vendor quotations and may be processed directly by the department making the purchase. The informal bidding process is more particularly described in the Purchasing Policy.
C. Purchases above $40,000
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Puchases in this category are subject to formal competitive bidding or competitive selection depending on the type of purchase. The formal competitive bidding process is more particularly described in the Purchasing Policy.
(Ord. 2588, 6-23-64)
3.04.040 RequisitionsApproval Authority
Using departments and agencies shall submit requests for supplies, materials and equipment to the Purchasing Agent by standard requisition forms.The authority to purchase supplies, materials, equipment, and contracted services is dependent upon the total dollar amount of the goods or services to be purchased and the type of purchase. Purchasing authority are based on the following amounts:
A. Purchases up to $50,000
Purchases in this category may be authorized by the Agency/Department Directors and/or the City Manager.
B. Purchases between $50,001 and $100,000
Purchases in this category may only be authorized by the City Manager or their designee.
C. Purchases over $100,000
Purchases in this category may only be authorized by the Mayor and City Council. (Ord. 2588, 6-23-64)
3.04.050 Purchase Oorders and Procurement Cards
Purchase of supplies, materials, and equipment shall be made only by purchase order or procurement card, whichever is appropriate., and signed by the Purchasing Agent or administrative officer or his or her designee.
(Ord. MC-858, 1-12-93; Ord. 2588, 6-23-64)
3.04.060 Encumbrance of funds
The Purchasing Agent Division shall not issue any purchase order for supplies, materials or equipment unless there exists an unencumbered appropriation in the account against which the purchase is to be charged, and until the same has been approved by the finance divisionBudget Division of the administrative officeFinance Department. (Ord. 2588, 6-23-64)
3.04.070 Formal contract procedure
Except as otherwise provided in this Chapter, purchases and contracts for supplies, materials and equipment of a value greater than fifty thousand dollars shall be by a written contract with the lowest possible and best bidder, pursuant to the procedures described in this section.
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A. Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
B. Notice, Publication and Mailing. Notice inviting bids shall be published at least ten days before the opening of bids in a newspaper of general circulation printed and published in the City. The Purchasing Agent may establish and maintain a list of prospective bidders.
The prospective bidders shall be listed on said list according to the service or product provided as indicated by the prospective bidder. It shall not be the responsibility of the Purchasing Agent to ensure that the list contains current information in respect to the address, service or product of the prospective bidder. The Purchasing Agent is authorized to mail invitations to bid directly to appropriate prospective bidders appearing on said list and to other prospective bidders.
C. Bidder's Security. Each bid or proposal may be required by the Purchasing Agent to be accompanied by a bidder's bond, certified or cashier's check, or cash in an amount not more than ten percent of the total bid. The City Administrator shall establish standards for determining under what circumstances a bidder's security shall be required in order to protect the interests of the City. When deemed necessary by the City Manager, bidder's security may be prescribed in the public notices inviting bids. When bid security is required, bidders shall be entitled to return of bid security, provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten days after the notice of award has been mailed, unless and to the extent the City is responsible for the delay. The Common Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest and best bidder. If the Common Council awards the contract to the next lowest and best bidder, the amount of the lowest bidder's required security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
D. Bid Opening Procedure. Sealed bids shall be submitted to the Purchasing Agent and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A record of the bids received shall be available for public inspection after bids have been opened, indicating the amounts bid by the various bidders and the basis for awarding the contract or purchase order if other than the lowest bidder. Such list shall be available for thirty days after the award has been made.
E. Rejection of Bids. At its discretion, the Mayor and Common Council shall have the power to reject any and all bids presented and readvertise for bids.
F. Award of Contracts. Contracts shall be awarded by the Mayor and City Council, by resolution or minute action, to the lowest and best bidder except as otherwise provided herein.
G. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal and if the public interest will not permit the delay of readvertising for bids, the Mayor and Common Council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening Packet Pg. 3631
H. Performance Bonds. The Mayor and Common Council shall have authority to require a performance bond before executing a contract in such amount as it shall find reasonably necessary to protect the best interests of the City. If the Mayor and Common Council require a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
I. Negotiated Purchases. At the discretion of the City Manager, the Purchasing Agent may authorize the purchase of technical or specialized supplies and equipment by competitive negotiation when such a method of purchase would be more advantageous to the City, and any one of the following conditions exists:
1. The supplies or equipment are such that suitable technical or performance specifications are not readily available;
2. The City is not able to develop descriptive specifications; or,
3. The quality of the supplies and equipment cannot be accurately determined by reference to their specifications alone.
At the completion of such a negotiated purchase a written report thereon shall be made to the City Administrator.
(Ord. MC-1569, 2-02-22; Ord. MC-1413, 4-06-15; Ord. MC-858, 1-12-93; Ord. MC-646, 12-07- 88; Ord. MC-602, 6-02-87; Ord. MC-491, 1-22-86; Ord. MC-183, 7-07-82; Ord. 3893, 1-09-80; Ord. 3723, 5-04-78; Ord. 3514, 8-06-75; Ord. 2588, 6-23-64)
3.04.075 3.040.070 Emergency Ppurchases
In case of an emergency, which is so urgent as to preclude advance action by the Mayor and Common City Council and which requires purchase of supplies, materials, equipment or contractual services, the City Administrator Manager shall have the authority to authorize the Purchasing Agent to securinge in the open market at the lowest obtainable price any such supplies, materials, equipment or contractual services. This emergency authority shall extend to all purchases, irrespective of the fact that the amount might exceed the authorized thresholds outlined in Section 3.05.020 of the Muicipal Code.limitation for open market purchases. In all instances a full An explanation of the emergency circumstances shall be filed with the Mayor and Common City Council within forty-eight (48) hours of the emergency purchase. (Ord. 3893, 1-09-80; Ord. 2588, 6-23-64)
3.04.080 Open market procedureSurplus Supplies and Equipment A. All Agencies and Departments shall submit to the Purchasing Division reports showing all supplies, materials and equipment which are no longer used or usable or which may have become obsolete, unsuitable or worn out. The Purchasing Division Manager shall have authority to sell said supplies, materials and equipment, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. Such sales, exchanges or trade-ins shall be made to the highest and best bidder pursuant to the procedures in the Purchasing Policy, or shall be made at a public auction as hereinafter set forth in this Section 3.04.100.
B. Public Auction. A notice describing the property in sufficient detail for its identification shall be prepared by the Purchasing Division and shall be given at least five days before the Packet Pg. 3632
time fixed therefore by publication once in an established newspaper or other publication of general circulation published in the City.
C. City officers shall not be purchasers at any such public auction authorized, conducted, or administered by them in their official capacity, nor shall any City officer or employee directly or indirectly submit a bid at the auction if they have participated in the preparation or conduct of the auction in their official capacity.
D. The property so offered for sale shall be sold to the highest bidder for cash, provided that the Purchasing Manager may, at their discretion, fix a minimum sale price and may refuse to sell unless the minimum price is offered, and may further refuse to sell unless a deposit of security is immediately made.
E. Any property sold at public auction shall be provided to the purchaser upon full payment of the purchase price.
F. The proceeds of the auction sale or sales shall immediately be deposited with the Department of Finance and deposited into the General Fund of the City.
Purchase of supplies, materials, and equipment of a value in the amount of fifty thousand dollars or less may be made by the Purchasing Agent in the open market, in accordance with the following procedure:
A. Minimum Number of Bids. Open market purchases shall wherever possible, be based on at least three bids, and shall be awarded to the lowest and best bidder.
B. Notice inviting bids. The Purchasing Agent shall solicit bids by written requests or by telephone to prospective vendors.
C. Written Bids. Sealed written bids shall be submitted to the Purchasing Agent who shall keep a record of all open market orders and bids for the required period of time after the submission of bids or the placing of orders. This record while so kept shall be open to public inspection.
D. Open Market Purchases For Which No Bids Are Required. For open market purchases not exceeding twenty-five hundred dollars, the Purchasing Agent shall have the authority to select a specific vendor and place an order without obtaining additional competitive bids.
(Ord. MC-1413, 4-06-15; Ord. MC-858, 1-12-93; Ord. MC-646, 12-07-88; Ord. MC-602, 6-02-87; Ord. MC-183, 7-07-82; Ord. 3893, 1-09-80; Ord. 3531, 10-07-75; Ord. 2588, 6-23-64)
3.04.085 Services
A. The Purchasing Agent may contract for services of a value of fifty thousand dollars or less in accordance with the following procedure:
1. Minimum Number of Proposals. Contracts for services shall, whenever possible, be based on at least three proposals, and shall be awarded to the provider who can best meet the needs of the City. Although cost shall be considered by the Purchasing Agent in entering into such contracts, it shall not be the sole determining factor.
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2. Request For Proposals (RFP). The Purchasing Agent shall solicit proposals by written requests or by telephone to prospective providers.
3. Written Proposals. Sealed written proposals shall be submitted to the Purchasing Agent who shall keep a record of all such proposals for not less than 180 days.
This record while kept shall be open to public inspection.
4. Contractual Services For Which No Proposals Are Required. For contractual services not exceeding twenty-five hundred dollars in value, the Purchasing Agent shall have the authority to select a specific provider and enter into a contract without obtaining additional proposals.
B. Contractual services with a value in excess of fifty thousand dollars must be approved by the Mayor and Common Council pursuant to Requests For Proposals as authorized by the Mayor and Common Council.
C. The provisions of Subsection A above shall not apply to contracts for special counsel services which are provided for pursuant to Chapter 2.20 of this Code. (Ord. MC-1413, 4-06-15; Ord. MC-858, 1-12-93)
3.04.100 Surplus supplies and equipment
A. All using agencies and departments shall submit to the purchasing agent, at such times and in such form as he shall prescribe, reports showing all supplies, materials and equipment which are no longer used or usable or which may have become obsolete, unsuitable or worn out. The purchasing agent shall have authority to sell said supplies, materials and equipment, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. Such sales, exchanges or trade-ins shall be made to the highest and best bidder pursuant to the procedures of Section 3.04.070 or 3.04.080, whichever is applicable, or shall be made at a public auction as hereinafter set forth. The Purchasing Agent, when directed by the Mayor and Common Council, shall restrict the sale of surplus supplies, materials and equipment of a value in an amount of three thousand dollars or less to local nonprofit tax exempt corporations, associations or organizations pursuant to Section 3.04.080, or shall negotiate and consummate a sale to a governmental agency, including any domestic or foreign sister City. Each restricted or negotiated sale under this Chapter shall be consummated at the fair market value of the surplus supplies or equipment.
B. Public Auction. A notice describing the property in sufficient detail for its identification shall be prepared by the City administrator and shall be given at least five days before the time fixed therefore by publication once in a newspaper of general circulation published in the City.
C. City officers shall not be purchasers at any such public auction authorized, conducted or administered by them in their official capacity, nor shall any City officer or employee directly or indirectly submit a bid at the auction if he has participated in the preparation or conduct of the auction in his official capacity.
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D. The property so offered for sale shall be sold to the highest bidder for cash, provided that the City administrator may, at his discretion, fix a minimum sale price and may refuse to sell unless the minimum price is offered, and may further refuse to sell unless a deposit of security is immediately made.
E. Any property sold at public auction shall be delivered to the purchaser upon payment of the purchase price.
F. The proceeds of the auction sale or sales shall immediately be deposited with the Treasurer of the City and placed in the general fund thereof. (Ord. 3531, 10-07-75; Ord. 3370, 8-22-73; Ord. 2588, 6-23-64)
3.04.105 Sale of surplus City property
Notwithstanding anything in this Chapter to the contrary, the Purchasing Agent shall select appropriate items with an estimated value of $1,000 or less, and shall make them available for retail sale by private parties pursuant to written agreements approved by the Mayor and Common Council, or by direct retail sale by the City. Such items need not be sold to the highest bidder, and may be sold at a predetermined price and may be discounted from time to time in keeping with retail practices. Any items not sold within a reasonable time shall be returned to the Purchasing Agent for disposal according to normal procedures as provided in this Chapter.
The private party may be authorized to retain a percentage of the sales price in an amount authorized by such written agreements.
(Ord. MC-968, 6-04-96)
3.04.110 Surplus vehicles and equipment
Upon direction by resolution of the Mayor and Common Council, the Purchasing Agent may dispose of surplus vehicles and equipment by sealed bid sale with or without newspaper advertising, but pursuant to the regulations contained in the resolution. (Ord. MC-608, 9-22-87)
3.04.115 City Manager
Any duty or responsibility given to the Purchasing Agent by this Chapter may likewise be performed or fulfilled by the City Manager or his or her designee. (Ord. MC-1413, 4-06-15; Ord. MC-858, 1-12-93)
3.04.1203.04.090 Penalty To Split Purchases
It shall be unlawful to split or separate into smaller purchases, a purchase so as to bring the purchase within the provisions of any exemption or less stringent procedure provided herein. (Ord. MC-858, 1-12-93)
3.04.125 3.04.100 Local Bbidders
Any formal or informal bid submitted by a local bidder for goods or materials pursuant to this Chapter shall receive a one five percent (51%) credit for comparison purposes with other bidders. For the purpose of this Section, "local bidders" shall be bidders with (1) fixed facilities Packet Pg. 3635
with employees within the City of San Bernardino’s jurisdiction (a PO Box or residential address is insufficient unless it is a home-based business, in which case the residential address may be used) and (2) an appropriate City of San Bernardino Business License. for which the point of sale of the goods or materials shall be within the City of San Bernardino. (Ord. MC-903, 5-05-94)
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Resolution No. 2022-246
Resolution No. 2022-246
December 7, 2022