RESOLUTION NO. 2017-257
1 2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 17-26 3 (REVISED CONDITIONAL USE PERMIT 11-13) AND REVISED SUBDIVISION 11- 4 03 (REVISED TENTATIVE TRACT MAP 18829) FOR THE DEVELOPMENT,
ESTABLISHMENT AND OPERATION OF THE ARROWHEAD GROVE PROJECT 5 (FORMERLY KNOWN AS THE WATERMAN GARDENS PROJECT) ON A SITE 6 COMPRISED OF FOUR (4) PARCELS CONTAINING A TOTAL OF
APPROXIMATELY 39.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF 7 WATERMAN AVENUE AND BASELINE STREET WITHIN THE BOUNDARIES OF THE WATERMAN + BASELINE NEIGHBORHOOD TRANSFORMATION
8 SPECIFIC PLAN
9 WHEREAS, on February 18, 2014, the Mayor and Common Council adopted 10 Resolution 20114-39 thereby certifying the Final Environmental Impact Report and Mitigation Monitoring and Reporting Program and approving Conditional Use Permit 11-13 11 and Subdivision 11-03 (Tentative Tract Map 18829); and 12 13 WHEREAS, on December 19, 2016, the Mayor and City Council adopted Resolution 2016-256 thereby certifying the Final Environmental Impact Report and Mitigation 14 Monitoring and Reporting Program and introduced Ordinance 1437 for the approval of the 15 Waterman + Baseline Neighborhood Transformation Specific Plan; and 16 WHEREAS, on October 19, 2017, pursuant to the requirements of Chapter 19.36 17 (Conditional Use Permits) and Chapter 19.66 (Subdivision Maps) of the City of San Bernardino Development Code, an application for Conditional Use Permit 17-26 (Revised 18 Conditional Use Permit 11-13) and Revised Subdivision 11-03 (Revised Tentative Tract Map 19 18829) was duly submitted by:
20 Owner/Applicant: Housing Authority of the County of San Bernardino 21 715 E. Brier drive
San Bernardino, CA 92408
22 23 APN: 0147-211-01,02, 03 and 04
Zone: Waterman + Baseline Neighborhood Transformation Specific 24 Plan
25 WHEREAS, Conditional Use Permit 17-26 (Revised Conditional Use Permit 11-13) 26 and Revised Subdivision 11-03 (Revised Tentative Tract Map 18829) is a request to allow the 27 development, establishment and operation of the Arrowhead Grove Project (formerly known 28 as the Waterman Gardens Project) to be comprised of 411 residential units, approximately 194,200 square feet of commercial/mixed uses, two (2) private community centers, one (1) public community center, and two (2) detention basins, along with the construction of the 1 1 required on-site and off-site improvements, on a site comprised of four (4) parcels containing a total of approximately 39.36 acres; and
3 WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has reviewed Conditional Use Permit 17-26 (Revised Conditional 4 Use Permit 11-13) and Revised Subdivision 11-03 (Revised Tentative Tract Map 18829) for 5 consistency with the City of San Bernardino General Plan and the Waterman + Baseline Neighborhood Transformation Specific Plan, and compliance with the City of San Bernardino Development Code; and
7 WHEREAS, on November 3, 2017, pursuant to the requirements §19.52.020 of the 8 City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino of the holding of a public hearing at which Conditional Use Permit 17-26 (Revised Conditional 10 Use Permit 11-13) and Revised Subdivision 11-03 (Revised Tentative Tract Map 18829) 11 would be considered by the Planning Commission; and
12 WHEREAS, on November 14, 2017, pursuant to the requirements of §19.52.040 of 13 the City of San Bernardino Development Code, the Planning Commission held the duly 14 noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Conditional Use Permit 17-26 (Revised Conditional Use Permit 11-13) and 15 Revised Subdivision 11-03 (Revised Tentative Tract Map 18829), and at which meeting the 16 Planning Commission considered Conditional Use Permit 17-26 (Revised Conditional Use Permit 11-13) and Revised Subdivision 11-03 (Revised Tentative Tract Map 18829); and 17 18 WHEREAS, after closing said public hearing, the Planning Commission adopted Resolution No. 2017-065 recommending to the Mayor and City Council approval of 19 Conditional Use Permit 17-26 (Revised Conditional Use Permit 11-13) and Revised 20 Subdivision 11-03 (Revised Tentative Tract Map 18829); and 21 WHEREAS, notice of the December 20, 2017 public hearing for the Mayor and City 22 Council's consideration of the proposed Resolution was published in The Sun newspaper on December 8, 2017, and was mailed to property owners within a 500 foot radius of the project 23 site in accordance with Development Code Chapter 19.52. 24 WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals), 25 Chapter 19.36 (Conditional Use Permits) and Chapter 19.66 (Subdivision Maps) of the City of 26 San Bernardino Development Code, the Mayor and City Council has the authority to take action on Conditional Use Permit 17-26 (Revised Conditional Use Permit 11-13) and Revised 27 Subdivision 11-03 (Revised Tentative Tract Map 18829). 28 2
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
1 COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AS FOLLOWS:
2 3 SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein.
4 5 SECTION 2. Findings of Fact - Revised Subdivision 11-03 (Revised Tentative Tract Map 18829).
7 Finding No. 1: The proposed map is consistent with the General Plan. 8 Finding of Fact: General Plan Land Use Element Policy 2.3.2 states: "Promote development that is compact, pedestrian-friendly, and served by a variety of transportation options along major corridors and in key 10 activity areas."
11 General Plan Land Use Element Policy 2.4.3 states: "Where necessary 12 to stimulate the desired mix and intensity of development, land use 13 Neity and ous omited site died pent standards ail be achieve. 14 planned development zoning, and creative site planning. " 15 On December 19, 2016, the Mayor and City Council adopted Resolution No. 2016-256 approving the Waterman + Baseline 17 Neighborhood Transformation Specific Plan to guide future development within the Specific Plan area boundaries. The land use 18 policies and development standards of the Specific Plan will be 19 implemented by the development, establishment and operation of 20 Arrowhead Grove that is comprised of 411 residential units, approximately 194,200 square feet of commercial/mixed uses, two (2) 21 private community centers, one (1) public community center, and two 22 (2) detention basins. Therefore, Revised Subdivision 11-03 (Revised Tentative Tract Map 18829) is consistent with the General Plan. 23 24 Finding No. 2: The design and improvements of the proposed subdivision is consistent with the General Plan.
25 26 Finding of Fact: General Plan Community Design Element Policy 5.3.2 states: "Distinct neighborhood identities should be achieved by applying streetscape and 27 landscape design, entry treatments, and architectural detailing 28 standards, which are tailored to each particular area and also incorporate citywide design features. "
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General Plan Community Design Element Policy 5.3.3 states: "A well- 2 integrated network of bike and pedestrian paths should connect 3 residential areas to schools, parks, and shopping centers. " 4 General Plan Community Design Element Policy 5.5.6 states: "Ensure 5 a variety of architectural styles, massing, floor plans, façade treatment, and elevations to create visual interest."
6 On December 19, 2016, the Mayor and City Council adopted Resolution No. 2016-256 approving the Waterman + Baseline 8 Neighborhood Transformation Specific Plan to guide future development within the Specific Plan area boundaries. The land use policies and development standards of the Specific Plan will be 10 implemented by the proposed development, establishment and 11 operation of Arrowhead Grove that is project to be comprised of 411 12 residential units, approximately 194,200 square feet of commercial/ mixed uses, two (2) private community centers, one (1) public 13 community center, and two (2) detention basins that will feature (3) 14 architectural styles: California Craftsman, Spanish Mediterranean, and Contemporary, along recreational amenities that will be connected by 15 pedestrian paths, creating a well-integrated mixed use neighborhood, and establishing design criteria that are consistent with the General Plan. Therefore, the design and improvements of Revised Subdivision 17 11-03 (Revised Tentative Tract Map 18829) is consistent with the 18 General Plan.
19 Finding No. 3 The site is physically suitable for the type of development. 20 Finding of Fact: The site is relatively level and served or in close proximity to all 21 necessary utilities. The land use policies and development standards 22 contained within the Waterman + Baseline Neighborhood Transformation Specific Plan area allow for physically suitable types of 23 development within the existing residential neighborhoods within the 24 vicinity. The development, establishment and operation of Arrowhead Grove that is comprised of 411 residential units, approximately 194,200 25 square feet of commercial/mixed uses, two (2) private community 26 centers, one (1) public community center, and two (2) detention basins is permitted subject to the approval of Revised Subdivision 11-03 27 (Revised Tentative Tract Map 18829) and Conditional Use Permit 17- 28 26 (Revised Conditional Use Permit 11-13) with the appropriate 4 1 Conditions of Approval and CEQA determination. Therefore, site is physically suitable for the development.
2 3 Finding No. 4 The site is physically suitable for the proposed density of development. 4 Finding of Fact: The proposed development, establishment and operation of Arrowhead 5 Grove that is comprised of 411 residential units, approximately 194,200 square feet of commercial/mixed uses, two (2) private community 6 centers, one (1) public community center, and two (2) detention basins 7 is consistent with the Waterman + Baseline Neighborhood Transformation Specific Plan. Therefore, the site is physically suitable 8 for the proposed density of development under Revised Subdivision 11- 9 03 (Revised Tentative Tract Map 18829) and Conditional Use Permit 17-26 (Revised Conditional Use Permit 11-13).
10 11 Finding No. 5: The design of the subdivision and the proposed improvements will not 12 cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat.
13 14 Finding of Fact: On December 19, 2016, the Mayor and City Council adopted Resolution No. 2016-256 certifying the Final Environmental Impact 15 Report (California State Clearinghouse Schedule No. 2015081086) which includes a Mitigation Monitoring and Reporting Program for the Waterman + Baseline Neighborhood Transformation Specific Plan 17 (Specific Plan 15-01), which included the Waterman Gardens 18 (Arrowhead Grove) site and its future development. Therefore, the proposed improvements of 411 residential units, approximately 194,200 19 square feet of commercial/mixed uses, two (2) private community 20 centers, one (1) public community center, and two (2) detention basins will not cause substantial environmental damage or substantially or 21 avoidably injure fish or wildlife or their habitat.
22 Finding No. 6: The design of the subdivision or type of improvements will not cause 23 serious public health problems.
24 Finding of Fact: The certified Final Environmental Impact Report (California State 25 Clearinghouse Schedule No. 2015081086) prepared for the Waterman + 26 Baseline Neighborhood Transformation Specific Plan found that any environmental impacts caused by the project could be mitigated to 27 become less than significant. Therefore, Revised Subdivision 11-03 28 (Revised Tentative Tract Map 18829) will not cause serious public health problems.
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Finding No. 7 The design of the subdivision or the type of improvements will not 2 conflict with casements, acquired by the public at large, for access 3 through or use of, property within the proposed subdivision. 4 Finding of Fact: The Waterman + Baseline Neighborhood Transformation Specific Plan 5 was designed with consideration for existing easements, and access to and through the property. Therefore, design of Revised Subdivision 11- 6 03 (Revised Tentative Tract Map 18829) will not conflict with 7 easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
8 9 SECTION 3. Findings of Fact - Conditional Use Permit 17-26 (Revised Conditional Use Permit 11-13).
10 11 Finding No. 1: The proposed use is conditionally permitted within, and would not impair 12 the integrity and character of the subject land use district and complies with all of the applicable provisions of the Development Code. 13 14 Finding of Fact: On December 19, 2016, the Mayor and City Council adopted Resolution No. 2016-256 approving the Waterman + Baseline Neighborhood 15 Transformation Specific Plan to guide future development within the 16 Specific Plan area boundaries. The land use policies and development standards of the Specific Plan will be implemented by the development, 17 establishment and operation of the Arrowhead Grove that is comprised of 18 411 residential units, approximately 194,200 square feet of commercial/ mixed uses, two (2) private community centers, one (1) public community 19 center, and two (2) detention basins that are permitted subject to the 20 approval of Conditional Use Permit 17-26 (Revised Conditional Use Permit 11-13) with the appropriate Conditions of Approval and CEQA 21 determination. The Arrowhead Grove project is consistent with the 22 Waterman + Baseline Neighborhood Transformation Specific Plan.
Therefore, the Arrowhead Grove project would not impair the integrity 23 and character of the subject land use district or be detrimental to 24 surrounding properties.
25 Finding No. 2: The proposed use is consistent with the General Plan. 26 Finding of Fact: General Plan Housing Policy 3.2.1 states: "Protect the quality of the 27 existing housing stock through the rehabilitation and improvement of 28 market rate neighborhoods and affordable housing projects." 6 1 General Plan Housing Policy 3.5.4 states: "Encourage and facilitate the construction, maintenance, and preservation of a variety of housing types 2 adequate to meet a range of household needs."
3 General Plan Housing Policy 3.6.1 states: "Promote infill rehabilitation 4 and new construction projects through increasing housing potential in 5 already developed areas of the community. "
6 On December 19, 2016, the Mayor and City Council adopted Resolution 7 No. 2016-256 approving the Waterman + Baseline Neighborhood Transformation Specific Plan to guide future development within the 8 Specific Plan area boundaries. The land use policies and development standards of the Specific Plan will be implemented by the development, establishment and operation of Arrowhead Grove that is comprised of 411 10 residential units, approximately 194,200 square feet of commercial/mixed 11 uses, two (2) private community centers, one (1) public community 12 center, and two (2) detention basins which satisfies the housing goals of the Specific Plan. Therefore, Conditional Use Permit 17-26 (Revised 13 Conditional Use Permit 11-13) is consistent with the General Plan. 14 Finding No. 3:
Approval of the Conditional Use Permit for the proposed use is in 15 compliance with the requirements of the California Environmental 16 Quality Act (CEQA) and $19.20.030(6) of the Development Code. 17 Finding of Fact: On December 19, 2016, the Mayor and City Council adopted Resolution 18 No. 2016-256 certifying the Final Environmental Impact Report (California State Clearinghouse Schedule No. 2015081086) which 19 includes a Mitigation Monitoring and Reporting Program for the 20 Waterman + Baseline Neighborhood Transformation Specific Plan (Specific Plan 15-01), which included the Waterman Gardens 21 (Arrowhead Grove) site and its future development. Therefore, the 22 development, establishment and operation of Arrowhead Grove that is comprised of 411 residential units, approximately 194,200 square feet of 23 commercial/mixed uses, two (2) private community centers, one (1) 24 public community center, and two (2) detention basins is in compliance with the requirements of the California Environmental Quality Act and 25 $19.20.030(6) of the Development Code.
26 Finding No. 4: There will be no potentially significant negative impacts upon 27 environmental quality and natural resources that could not be properly 28 mitigated and monitored.
7 Finding of Fact: On December 19, 2016, the Mayor and City Council adopted Resolution 1 No. 2016-256 certifying the Final Environmental Impact Report 2 (California State Clearinghouse Schedule No. 2015081086) which 3 includes a Mitigation Monitoring and Reporting Program for the Waterman + Baseline Neighborhood Transformation Specific Plan 4 (Specific Plan 15-01), which included the Waterman Gardens 5 (Arrowhead Grove) site and its future development. Therefore, there will be no potentially significant negative impacts upon environmental quality 6 and natural resources that could not be properly mitigated and monitored. 7 Finding No. 5: The location, size, design, and operating characteristics of the proposed 8 use are compatible with the existing and future land uses within the 9 general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be 10 objectionable or detrimental to other permitted uses in the vicinity or 11 adverse to the public interest, health, safety, convenience, or welfare of the City.
12 13 Finding of Fact: The development, establishment and operation of the Arrowhead Grove 14 that is comprised of 411 residential units, approximately 194,200 square feet of commercial/mixed uses, two (2) private community centers, one 15 (1) public community center, and two (2) detention basins is permitted 16 subject to the approval of Conditional Use Permit 17-26 (Revised Conditional Use Permit 11-13) with the appropriate Conditions of 17 Approval and CEQA determination. Additionally, the proposed 18 Arrowhead Grove project is consistent with the Waterman + Baseline Neighborhood Transformation Specific Plan. Further, on December 19, 19 2016, the Mayor and City Council adopted Resolution No. 2016-256 20 certifying the Final Environmental Impact Report (California State Clearinghouse Schedule No. 2015081086) which includes a Mitigation 21 Monitoring and Reporting Program for the Waterman + Baseline 22 Neighborhood Transformation Specific Plan (Specific Plan 15-01), which included the Arrowhead Grove site and its future development. Therefore, 23 the design of Arrowhead Grove will ensure that the project will not create 24 any significant noise, traffic, or other conditions that would be detrimental 25 or objectionable to other uses in the vicinity or adverse to the public health, safety, convenience, or welfare of the City.
26 Finding No. 6: The subject site is physically suitable for the type and density/intensity of 27 use being proposed.
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Finding of Fact: The site is physically suitable for the type and density/intensity of the 1 development, establishment and operation of Arrowhead Grove that is 2 comprised of 411 residential units, approximately 194,200 square feet of 3 commercial/mixed uses, two (2) private community centers, one (1) public community center, and two (2) detention basins as evidenced by 4 project compliance with applicable Development Code standards and the 5 land use policies and development standards of the Waterman + Baseline Neighborhood Transformation Specific Plan. The size of the project site is 6 adequate to accommodate the proposed improvements, in compliance 7 with the requirements of the Development Code.
8 Finding No. 7: There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.
10 11 Finding of Fact: The site has direct access off of Waterman Avenue and Baseline Street. 12 All agencies responsible for reviewing access and providing water, sanitation and other public services to the site have had the opportunity to 13 review the proposal, and none indicated inability to serve the project site.
Therefore, the development, establishment and operation of Arrowhead 14 Grove that is comprised of 411 residential units, approximately 194,200 15 square feet of commercial/mixed uses, two (2) private community centers, 16 one (1) public community center, and two (2) detention basins, subject to the approval of Conditional Use Permit 17-26 (Revised Conditional Use 17 Permit 11-13) and Revised Subdivision 11-03 (Revised Tentative Tract 18 Map 18829) with the appropriate Conditions of Approval and CEQA determination, will not be detrimental to public services or public health 19 and safety.
20 SECTION 4. Compliance with the California Environmental Quality Act. - On 21 December 19, 2016, the Mayor and City Council adopted Resolution No. 2016-256 certifying 22 the Final Environmental Impact Report (California State Clearinghouse No. 2015081086) the Waterman + Baseline Neighborhood Transformation Specific Plan (Specific Plan 15-01), 23 which included the Waterman Gardens site. No further changes to the environmental 24 conditions or the subject site have occurred. Therefore, pursuant to §15162(a) (Previous Environmental Determination) of the California Environmental Quality Act, no further 25 environmental review is necessary.
26 SECTION 5. - Conditions of Approval: Conditional Use Permit 17-26 (Revised 27 Conditional Use Permit 11-13) and Revised Subdivision 11-03 (Revised Tentative Tract Map 28 18829), is hereby approved subject to the following Conditions of Approval:
9 1. This approval is to subdivide approximately 39.36 acres into eight (8) parcels in 1 order to create a mixed income, mixed used community. The residential 2 community will construct up to 411 multi-family residential units with on-site recreation amenities, including two (2) 2,500 square foot community centers, 3 swimming pools, outdoor recreational spaces with walking paths and barbeque 4 picnic areas, and several tot lot playgrounds. Approximately 11.1 acres will be future mixed-used, commercial, retail and/or professional office uses. The 5 proposed project would be constructed in eight (8) phases and is located at the northeast corner of Waterman Avenue and Olive Street, in the Mixed Use 6 Village zone of Waterman + Baseline Neighborhood Transformation Specific Plan. All development must be in substantial conformance with the Site Plans, 7 Landscape Plan, Floor Plans, and Building Elevations, all date stamped December 8 20, 2017 (EXHIBIT "A"). All conditions must be complied with prior to submitting for Certificate of Occupancy, unless otherwise stated. 9 2. The project shall be subject to all of the mitigation measures contained within the 10 Mitigation Monitoring and Reporting Program date stamped December 20, 2017 11 (EXHIBIT "B"), and incorporated herein by reference as Conditions of Approval.
12 3. Tentative Tract Map: Within two (2) years of the original approval date, the 13 filing of the initial phase of the final map with the Mayor and City Council shall 14 have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedings and no final map shall be filed 15 without first processing a new tentative map. The City Engineer must accept the final map or tentative map documents as adequate for approval by Council prior 16 to forwarding them to the City Clerk. The date the final map shall be deemed 17 filed with the Council is the date on which the City Clerk receives the map. As provided for in San Bernardino Development Code Section 19.66.140, 18 EXTENSION OF TIME, any applicable time limits for acting on the tentative map application may be extended by mutual written consent of the subdivider 19 and the City, as outlined in Map Act Section 66451.1. 20 EXPIRATION DATE: DECEMBER 20, 2019
21 4. Conditional Use Permit: Within two (2) years of this approval, the applicant shall 22 apply for the necessary building permits and commencement of work/construction must have occurred on Phase 1 of the project or the 23 permit/approval shall become null and void. The applicant shall obtain Building 24 Permits for each phase of development as indicated in the project's Phasing Exhibit (final Phasing Plan to be submitted at of plan check with Phase I and 25 with technical improvement plans by the Applicant to the City) prior to commencement to the specified construction activities included in the Conditions 26 of Approval; otherwise the permit/approval will become null and void 27 ador encement of construction shall include demolition of existing structure. • Approval of the Conditional Use Permit does no
28 authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval.
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EXPIRATION DATE: DECEMBER 20, 2019
2 5. In the event this approval is legally challenged by a third party, the City will 3 promptly notify the applicant of any claim or action or proceeding and wil cooperate fully in the defense of this matter. Once notified, the applicant agree 4 to defend, indemnify, and hold harmless the City of San Bernardino ("City"), 5 any departments, agencies, divisions, boards or commissions of the City, as well as any predecessors, successors, assigns, agents, directors, elected officials, 6 officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The 7 applicant further agrees to reimburse the City for any costs and attorneys' fees 8 that the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this 9 10 The costs, salaries, and expenses of the City Attorney and employees of his 11 office shall be considered as "attorneys' fees" for the purpose of this condition.
As part of the consideration for issuing this permit, this condition shall remain in 12 effect if this Development Permit is rescinded or revoked, whether or not at the request of applicant.
13 14 Conditions Applicable to Each Phase
6. Prior to installing any signs, the applicant must submit a Sign Permit application to the Planning Division for review and approval.
16 17 7. All perimeter block walls shall be constructed with the decorative finish on both sides (split face, slump stone, etc.).
18 8. All construction sites shall be secured with temporary chain-link fencing, 6 feet 19 in height.
20 9. Garage doors for all homes shall be set into the walls rather than flush with the 21 exterior walls. A variety of compatible designs shall be used throughout the project.
22 23 10. We comes shad bor fal sighori all perions of approval for each phase have 24 11. All windows, doors, and vents shall be architecturally treated. 25 12. The project shall be subject to all applicable Mitigation Measures contained in 26 the Mitigation Monitoring/Reporting Program contained in Attachment D. 27 13. Prior to the issuance of Building Permits, the applicant must demonstrate on the 28 construction drawings for the project that all exterior light fixtures will be energy efficient.
14. The property owners), successors and assigns will be responsible for regular 1 maintenance the site.
Vandalism, graffiti, trash and other debris must be
2 removed within 24 hours of first being reported.
3 15. All necessary drainage and flood control measures shall be subject to requirements of the Land Development Division. The developer's Engineer shall 4 furnish all necessary data relating to drainage and flood control prior to grading 5 permit issuance.
6 16. The development is located within Zone X on the Federal Insurance Rate Map Number 06071C8682H with Map Revise date of August 28, 2008. Therefore, the 7 applicant must raise all building pads above the surrounding area. If required or 8 requested the City shall assist with the processing and approval of a LOMR application. Applicant shall be responsible for preparation of all documents, 9 reports and studies necessary to complete the filing of this application by the City. Further, any application fee required for the filing of the CLOMR/LOMR 10 shall be paid by the applicant.
11 17. All drainage from the development shall be directed to an approved public 12 drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer.
13 14 18. If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City 15 Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted.
16 17 19. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to the California State Water Resources Control Board 18 website for the CASQA SWPPP template. The SWPPP shall be accepted by the City Engineer and filed and approved through the Storm Water Multiple 19 Application and Report Tracking System (SMARTS) prior to issuance of a 20 grading Permit.
21 20. Prior to issuance of a Grading Permit, the applicant must submit to the Director of Community Development for review and approval an Erosion Control Plan. 22 The plan shall be designed to control erosion due to water and wind, including 23 blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon.
24 21. The site/grading and drainage plan shall be signed by a Registered Civil 25 Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" 26 and the City's "Standard Drawings", unless otherwise approved by the City 27 Engineer prior to grading permit issuance.
28 22. Pad elevations shown on the rough and/or precise grading plan shall not vary more than one-foot for interior pads or one-half foot for exterior pads from the pad elevations shown on the tentative tract map as approved by the Planning 12 1 Commission. Exterior pads are those pads immediately contiguous to existing streets or existing residential areas. Grading Plans shall incorporate the design 2 features as per the accepted Water Quality Management Plan for this project, 3 23. If more than five trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code 4 shall be obtained from the Department of Community Development Planning 5 Division prior to issuance of any grading or site development permits. 6 24. The applicant must post a grading bond prior to issuance of a grading permit.
The amount of the bond is to be determined by the Land Development Division. 7 8 25. If more than 50 cubic yards of carth is to be hauled on City streets, a special hauling permit shall be obtained from the City Engineer. Additional conditions, 9 such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer.
10 11 26. Prior to issuance of a Grading Permit, the applicant must submit to the Land Development Division for review and approval a liquefaction evaluation. Any 12 grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading pian.
13 14 27. The applicant shall submit to the Land Development Division for review and approval an on-site Improvement Plan. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and 16 Procedures").
17 28. Prior to final inspection the applicant shall install a refuse enclosure. The refuse 18 enclosure(s) must be constructed in accordance with City Standard Drawing No. 508 and the minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless 19 the Public Works Department, Refuse Division, approves a smaller size, in writing. Where the refuse enclosure is proposed to be constructed contiguous to spaces for parking passenger vehicles, a three-foot wide by six-inch high 21 concrete planter shall be provided to separate the enclosure from the contiguous parking
22 23 29. Where an accessible path of travel crosses drive aisles, the applicant shall delineate the path of travel by textured/colored concrete pavement. 24 30. Prior to the issuance of Building Permits, the applicant must submit a Landscape and Irrigation plan that has been prepared in substantial conformance with the preliminary landscape plan dated February 27, 2013 and certain revisions dated 26 November 5, 2013 to the Land Development Division for review and approval. 27 Prior to the issuance of a Certificate of Occupancy, the applicant must install all landscape and irrigation improvements in conformance with the final landscape 28 and irrigation plan. The Landscape Plan may be submitted, and the landscaping may be installed, in "phases' to coincide with any phased development proposed. 13 Each phase will be considered a 'stand alone' improvement and not tied to any 1 other phase of the project.
2 31. Prior to occupancy of any building within any phase of the project, the developer 3 shall post a bond to guarantee the maintenance and survival of project/each phase 4 of landscaping for a period of one year. The Developer, one (1) year following landscape installation and inspection is solely responsible to contact the Land 5 Development Division for inspection of the landscaping and to receive release of 6 32. An easement and covenant shall be executed on behalf of the City to allow the 7 8 Upon request, the Real Property Section will prepare documents for execution by he property owner. The documents shall ensure that, if the property owner o 9 ubsequent owner(s) fail to properly maintain the landscaping, the City will b able to file appropriate liens against the property in order to accomplish the 10 11
processing costs. The property owner, prior to on-site plan approval, shall 12 execute this easement and covenant unless otherwise allowed by the City Engineer.
13 14 33. Prior to the issuance of a Building Permit, the applicant shall submit to the Community Development Director for review and approval plans for the 15 screening of all utility equipment. Screening shall not be located in any setback/right-of-way area. Prior to final inspection, the applicant shall install all 16 required screening. If the transformer cannot be screened, it shall be located in an underground vault unless approved by the Director of Community 17 Development pursuant to Section 19.30.110.
18 34. The applicant shall design and construct all public utilities to serve the site in 19 accordance with City Code, City Standards and requirements of the serving 20 utility, including gas, electric, telephone, water, sewer and cable TV. 21 35. The applicant shall provide each parcel with separate water and sewer facilities. 22 36. The applicant shall install backflow preventers for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole 23 24 37. The applicant shall place all utility services shall underground and provide easements as required.
25 38. The applicant shall place the existing overhead utilities with contiguous frontage 26 to Olive Street or traversing the site on the project side of the street underground in accordance with San Bernardino Development Code Section 19.20.030 xisting overhead utilities contiguous to Baseline Street and Olive Street on th 28 opposite side of the street are not required to be placed underground. 14 39. The applicant shall process a Tract Map for this project. The applicant is 1 directed to the City's web page at www.sbcity.org- Departments - Public Works 2 Submittal Requirements for submittal requirements.
3 40. The applicant must submit a Final Map based upon field survey prepared by a 4 Licensed Land Surveyor or a Registered Civil Engineer who may also practice surveying, and must record the Final Map and the project's Conditions, 5 Covenants and Restrictions (CC&Rs) prior to the issuance of a Certificate of 6 41. Street, sewer, drainage improvement, traffic signals, for the entire project shall 7 be completed, subject to the approval of the City Engineer, prior to the Map 8 ecordation. The proposed project may be recorded on a phased basis. therefor t is possible that improvements will be phased accordingly
42. If the required improvements are not proposed to be completed prior to 10 recordation of the Final Map, a deferred improvement agreement in accordance 11 with Section 19.30.160 of the Development Code will be required. If the agreement is approved, an improvement certificate shall be placed on the Final 12 Map, stating that the required improvements will be completed upon development.
13 14 43. The applicant shall pay the Street Light Energy Fee to pay the cost of street light energy on public streets, not including private roadways, for a period of four 15 years. The exact amount shall be determined and shall become payable prior to map recordation.
16 17 44. The applicant shall construct an eight-inch curb and gutter per City Standard No. 200 contiguous to the site. The applicant shall also widen the pavement 18 contiguous to the site to match the new curb and gutter and shall construct approach and departure transitions for traffic safety and drainage as approved by 19 the City Engineer.
20 45. At all curb returns within and contiguous to the project site, the applicant shall 21 construct accessible curb ramps in accordance with Caltrans Standards to comply with current ADA accessibility requirements. The applicant shall dedicate 22 sufficient right-of way at the comer to accommodate the ramp on Olive Street 23 and Waterman Avenue, Olive Street and La Junita Street, and Baseline Street and La Junita Street.
24 46. The applicant shall construct the driveway approaches per City Standard No. 25 203. The applicant shall remove all existing driveway approaches that are not • part of the approved plan and replace with full height curb and gutter and 26 sidewalk.
27 47. If the project is to be developed in phases, the applicant shall design each 28 individual phase to provide maximum public safety, convenience for public service vehicles, and proper traffic circulation. In order to meet this requirement. the following will be required prior to the finalization of any phase:
15 1
Improvement plans for the total project or sufficient plans beyond the 2 phase boundary to verify the feasibility of the design shall be complete to the satisfaction of the City Engineer;
3 A Phasing Plan shall be submitted for review and approval by the Engineering Division, Fire, and Planning Departments, indicating what 4 mprovements will be constructed at each given phase
5 Street improvements shall be completed beyond the phase boundaries as necessary to provide secondary access from the development; 6 Drainage facilities, such as storm drains, channels, earth berms and block walls, shall be constructed, as necessary, to protect the 7 development from off-site flows on La Junita Street;
8 Easements for any of the above and the installation of necessary utilities shall be completed prior to map recordation;
9 f) Phase boundaries shall correspond to the lot lines shown on the approved tentative map.
10 11 48. The applicant shall submit a complete package for plan checking, which shall consist of:
12 Street improvement plans (may include street lights or street lighting 13 may be separate plan);
14 b) Sewer plans (private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile); 15 c) Storm drain plans (private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with 16 profile);
17 Traffic signal plans and/or traffic signal modification plans; e) Signing and striping plan (may be on sheets included in street 18 f) Lighting (on-site lighting may be included in on-site improvement plan 19 or may be on a separate stand-alone plan);
20 Grading (may be incorporated with on-site improvement plan; h)
21 i) Landscaping and irrigation in the Landscape and Lighting Maintenance District plan; and
22 Other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All required supporting 23 calculations, studies and reports must be included in the initia 24 submittal (including but not limited to drainage studies, soils reports, structural calculations).
25 49. The rough grading plan may be designed and submitted in combination with the 26 precise grading plan.
27 50. The applicant shall submit an off-site improvement plan to the Land 28 Development Division for review and approval. All off-site improvement plans submitted for plan check shall be prepared on the City's standard 24" × 36" 16 sheets. A signature block satisfactory to the City Engineer or his designee shall 1 be provided.
2 51. After completion of plan checking, final mylar drawings, stamped and signed by 3 the Registered Civil Engineer in charge, shall be submitted by the applicant to the City Engineer for approval. Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for 5 the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org.
6 52. The applicant must submit electronic files of the Tract map to the City Engineer. 7 The files must be compatible with AutoCAD 2000, and include a DXF file of 8 the project. Files shall be on a CD and shall be submitted at the same time the final Mylar drawings are submitted for approval.
53. The applicant shall be responsible for obtaining the following Engineering 10 Permits: Grading Permit; Construction Permit tor on-site improvements, 11 including landscaping; and Construction Permit for off-site improvements. 12 54. All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking 13 fee for each set of plans will be required at time of application for plan check.
The amount of the fee is subject to adjustment if the construction cost estimate 14 varies more than 10% from the estimate submitted with the application for plan 15 checking. The above payment of fees is subject to a Development Agreement (DA) and therefore may differ from current and/or future fee schedules utilized 16 by the City. The current fee schedule is available at the Public Works Counter 17 and at http://www.sbcity.org.
18 55. The Traffic Study prepared by FEHR & PEERS and Associates dated July 2012 has been reviewed and accepted. All identified traffic mitigation measures shall 19 be implemented at the developer's expense.
56. On-site landscaping (private areas) shall be installed by the applicant and 21 accepted prior to release of gas utility and prior to final inspection. This condition may be implemented on a per phase' basis.
22 57. The streets within any phase of the subdivision shall be base paved (0.10 foot 23 low) prior to delivery of construction materials to the site. 24 58. Prior to final inspection of the last three homes in the tract (or phase), the final 25 lift of pavement shall be installed.
26 59. Prior to final inspection and release of the last three homes in the tract (or phase), 27 the pavement on the streets contiguous to the tract shall be rehabilitated. The method and extent of rehabilitation shall be determined at time of final 28 inspection by the City Engineer.
17 60. Applicant shall prepare a Network Hydraulic Analysis per Uniform Design 1 Standards prior to issuance of Building Permits. All hydrants/water systems shall 2 be designed to provide 20 psi residual flow at required fire flows. A Developer installed Agreement is required prior to on-site water main extensions. 3 4 61. Prior to issuance of an Occupancy Permit, the applicant shall install a R.P.P. backflow device at the service connection for domestic service. 5 62. Prior to issuance of an Occupancy Permit, the applicant shall install a double 6 check backflow device at the service connection for Fire and irrigation. The backflow device shall be inspected before water service is activated. 7 8
10 64. Prior to issuance of a building permit, the applicant shall submit to the Building and Safety Division for review and approval building plans and site plans that conform to the California Building Codes in effect at the time of plan submittal. 12 This shall include the California Green Building Code.
65. The applicant must use the three-second gust factor when preparing construction 13 plans since the project is located in a 95 mph, Exp C wind load area. 14 66. Prior to issuance of a building permit, the applicant shall submit to the Building 15 and Safety Division for review and approval plans that conform to the Title 24 Disabled Access and ADA requirements in place at the time of Building Permit 16 plan submittal.
17 Conditions Applicable As Indicated below:
18 67. The applicant shall design and construct the off-site" sewer improvements, 19 Nodes 2147 and 2149 per the Sewer Study for Waterman Gardens dated April 30, 2013 (revised) prior to occupancy of a combined total of 253 units within the project boundary. The location of the sewer segment to be designed and 21 constructed is in N. Sepulveda Avenue south of 5th Street extending approximately 400 feet connecting to an existing sewer mainline in 4"h Street. 22 23
24 25
26 27
28 68. For the streets listed below, prior to the issuance of a Certificate of Occupancy, the applicant must dedicate the street right-of-way (R.W.) to provide the distance 18 from street centerline to property line and placement of the curb line (C.L.) in 1 relation to the street centerline shall be as follows:
2 STREET NAME RIGHT-OF-WAY (FEET) CURB LINE (FEET)
3 Baseline Street 100 Feet 32 Feet
(Prior to certificate of
ccupancy being issuer
5 or the 300th unit
Olive Avenue 60 Feet 20 Feet
6 7
8 110 Feet 43 Feet
OcClop the being issued
10 11
69. La Junita Street is currently a private street and shall remain private until 12 acceptance by action of the City. Dedication of an easement for street and highway purposes along this street will require specific approval of the Mayor 13 and Common Council. If approved by the Mayor and Common Council, the 14 street shall be improved to current City street standards with a dedicated right-of- way that is 50 feet wide. The paved surface between curbs shall be 36 teet wide. 15 The applicant shall design and construct all curbs, gutters, paving, sidewalks, drainage and street lights to City standards for the entire dedicated length prior to 16 acceptance by the City.
17 70. Prior to the certificate of occupancy for the 300# unit being issued the applicant 18 shall construct sidewalk contiguous to the site in accordance with City Standard No. 202; Case "A" (six feet wide contiguous to curb) along Baseline Street, and 19 the west side of La Junita Street. The applicant shall construct a sidewalk along Olive Street with a reduced to five-foot width contiguous to curb where required 20 prior to the certificate of occupancy for the 200# residential unit. 21 71. Prior to the certificate of occupancy for the retail/commercial/mixed-use being 22 issued the applicant shall replace all broken and off-set sections of sidewalk and/or curb and gutter contiguous to the site on Waterman. The curb and gutter 23 shall conform to Standard No. 200, Type "B" and sidewalk shall conform to 24 Standard No. 202, Case "A" (six feet wide contiguous to curb), unless otherwise approved by the City Engineer
25 72. The applicant shall design the curb bulb out returns at the following intersections 26 of Olive Street and Waterman Avenue (on the Olive Avenue side only), and 27 Olive and La Junita Streets to meet the minimum turning path for bus design vehicles. A 42-foot turning radius as referenced in the AASHTO-Geometric 28 Design of Highways and Streets shall be designed and constructed by the applicant. The radii of the curb returns may be less than 42 feet when the traveled path accommodates bus design vehicles.
19 1
73. Prior to issuance of certificate of occupancy for the 150" unit being issued the 2 applicant shall install angle parking shall be designed and constructed along the 3 by the City Engineer.
4 5 74. Prior to issuance of certificate of occupancy for the 150" unit being issued the applicant shall install Street Lights contiguous to the site on Baseline Street in 6 accordance with City Standard Nos. SL-I and SL-2, Also, the applicant shall 7 8
9 75. Any new commercial driveways along: Baseline shall align with existing commercial driveways along the north side of Baseline Avenue. No 10 uncontrolled, marked pedestrian crosswalks shall be allowed on Baseline Street. 11 76. Prior to issuance of certificate of occupancy for the 300# unit being issued the 12 intersection of Waterman Avenue and Olive Street shall be signalized and pedestrian facilities shall be provided. These new traffic signals shall be 13 interconnected with the existing traffic signal at Baseline Street. No 14 uncontrolled, marked pedestrian crosswalks shall be allowed on Waterman Avenue. Other proposed improvements include:
15 a) Baseline/Crestview intersection signals and crosswalk. The new south 16 side of Crestview is to be aligned with the existing north side of 17 Crestview (Prior to the 175"h unit).
18 SECTION G. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be 19 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 20 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each 21 section irrespective of the fact that any one or more subsections, subdivisions, sentences, 22 clauses, or phrases be declared unconstitutional, invalid, or ineffective. 23 /lI
24 25 //I
26 27
28 20
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
21 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 17-26 (REVISED CONDITIONAL USE PERMIT 11-13) AND REVISED SUBDIVISION 11- 03 (REVISED TENTATIVE TRACT MAP 18829) FOR THE DEVELOPMENT,
ESTABLISHMENT AND OPERATION OF THE ARROWHEAD GROVE PROJECT 4 (FORMERLY KNOWN AS THE WATERMAN GARDENS PROJECT) ON A SITE COMPRISED OF FOUR (4) PARCELS CONTAINING A TOTAL OF
5 APPROXIMATELY 39.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF
WATERMAN AVENUE AND BASELINE STREET WITHIN THE BOUNDARIES OF 6 THE WATERMAN + BASELINE NEIGHBORHOOD TRANSFORMATION
SPECIFIC PLAN
7 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 9 and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 10 20* day of December 2017, by the following vote, to wit:
11 12 Council Members: AYES NAYS ABSTAIN ABSENT
13 MARQUEZ
14 BARRIOS X(S)
VALDIVIA X(M)
16 SHORETT
17 NICKEL
18 19 RICHARD
20 MULVIHILL
21 Kungran Tann
22 Georgeann banna, CMC, City Clerk
23 The foregoing Resolution is hereby approved this 20₩ day of December 2017, 24 R.
25 26
City of San Bernardino
27 Approved as to form:
Gary D. Saenz, City Attorney
28 By: Lena Guide
22 EXHIBIT A
APPROVED PLANS
23 Arrowhead Grove rrm
design
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design group Perspective Views
rrm RRM Design Group Kietermon hocus and Or Seal, Son Leaded, CA 12410 Arrowhead Grove
Spanish-Moditerranean Style Courtyard View
REVISED TENTATIVE TRACT MAP 18829
IN THE CITY OF SAN BERNARDIND
210-
BEING A PORTION OF LOTS 11, 12, 13 AND 14, IN BLOCK 42, RANCHO SAN BERNARDINO AS PER PLAT RECORDED EN BOOK 7 OF MAPS. PAGE 2, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA TRANSTECH COLe Mie
OCTOBER 2017
C SPREE. — • PER POTA, ANDRE
BASELINE STREET
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/ 01 VERY CALIFOSNIA CES OPHIT
(809) 329-7820
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KACTEDI
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TOPOCRAPHY:
ASHED RATIN I RES PREPARE DY
WATERMAN TAVE
CHOOL DISTRICT:
827.3
(091) 391-1275
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LE HIS NORE CORAIN 9 L05
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REVISED TENTATIVE
TRACT MAP NO. 18829