RESOLUTION NO. 2024-078
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9 RESOLUTION NO. 2024-078
RESOLUTION 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 PERMIT TYPE-D 20-03 ALLOWING THE
DEVELOPMENT AND ESTABLISHMENT OF AN
INDUSTRIAL WAREHOUSE CONTAINING
APPROXIMATELY 89,475 SQUARE FEET ON A PROJECT
SITE COMPRISED OF THREE (3) PARCELS (APN(S): 0280-
021-34, 44, AND 47) CONTAINING A TOTAL OF
APPROXIMATELY 4.02 ACRES.
WHEREAS, on July 15, 2020, pursuant to the requirements of Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendments), and Chapter 19.44 (Development Permits) of the City of San Bernardino Development Code, an application for Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type- D 20-03 was duly submitted by:
Property Owner: Amazing 34, LLC
15 West 34th Street, 7th Floor
New York, NY 10001
Applicant: Orly Corp.
15 West 34th Street, 7th Floor
New York, NY 10001
Property Address: Northeast corner of S. Waterman Avenue and E. Central Avenue APN: 0280-021-34, 44, and 47
Lot Area: 4.02 acres
WHEREAS, together, Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03 constitute the Amazing 34 Distribution Center Project ("Project"); and
WHEREAS, Development Permit Type-D 20-03 is a request to allow the development and establishment of an industrial warehouse containing approximately 89,475 square feet on a project site comprised of three (3) parcels containing a total of approximately 4.02 acres; and WHEREAS, the Planning Division of the Community Development and Housing Department has reviewed Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, Section 21000 et seq.), Section 21067, and State CEQA Guidelines (California RESOLUTION NO. 2024-078
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9 Code Regulations, Section 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and
WHEREAS, Planning Division of the Community Development and Housing Department of the City of San Bernardino determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potentially significant impacts of the Project can be mitigated to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, on April 9, 2022, pursuant to requirements of Section 15072 and Section 15073 of the California Environmental Quality Act, the Planning Division of the Community Development and Housing Department published a Notice of Intent to Adopt a Mitigated Negative Declaration and commenced the required twenty (20) day public review period on the Initial Study/Mitigated Negative Declaration for Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03; and WHEREAS, during the required twenty (20) day public review period on the Initial Study/Mitigated Negative Declaration for Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03 comments were received in response to Draft Initial Study/Mitigated Negative Declaration Responses from the Lozeau Drury, LLP on behalf of Supporters Alliance For Environmental Responsibility (“SAFER”) and Mitchell M. Tsai on behalf of the Southwest Regional Council of Carpenters (SWRCC); and WHEREAS, the Planning Division of the Community Development and Housing Department received and accepted the Final Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, prepared by Adkan Engineers on behalf of Orly Corp. for Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03; and
WHEREAS, on April 27, 2022, pursuant to the requirements of Section 19.44.030 (Project Review) of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and moved the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Development Code Amendment (Zoning Map Amendment) 20-05, and Development Permit Type-D 20-03 to the Planning Commission for consideration; and
WHEREAS, on April 30, 2022, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals - Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the owners of property located within 500 feet of the exterior boundary of the subject property of the holding of a public hearing at which the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Development Code Amendment (Zoning Map Amendment) 20-05, and Development Permit Type-D 20-03 would be considered; and
RESOLUTION NO. 2024-078
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9 WHEREAS, on May 10, 2022, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission opened and continued the duly noticed public hearing for their consideration of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Development Code Amendment (Zoning Map Amendment) 20-05, and Development Permit Type-D 20-03 to the next regularly scheduled meeting of June 14, 2022; and WHEREAS, on June 14, 2022, pursuant to the requirements of Section 19.52.040 of the City of San Bernardino Development Code, the Planning Commission opened and continued the duly noticed public hearing for their consideration of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Development Code Amendment (Zoning Map Amendment) 20-05, and Development Permit Type-D 20-03 to the next regularly scheduled meeting of July 12, 2022; and
WHEREAS, on July 12, 2022, pursuant to the requirements of Section 19.52.040 of the City of San Bernardino Development Code, the Planning Commission held the duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Development Code Amendment (Zoning Map Amendment) 20-05, and Development Permit Type-D 20-03 and at which meeting, the Planning Commission considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Development Code Amendment (Zoning Map Amendment) 20-05, and Development Permit Type-D 20-03. After opening the public hearing and receiving public testimony, the Planning Commission, by a vote of (6-2), continued the item to the regular meeting of August 8, 2022, to allow staff time to address comments raised during the public hearing; and
WHEREAS, on August 8, 2022, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held the continued public hearing for their consideration of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Development Code Amendment (Zoning Map Amendment) 20-05, and continued the item to a meeting date to be determined; and
WHEREAS, on December 6, 2023, the Planning Division of the Community Development and Housing Department received and accepted the revised Final Initial Study/Mitigated Negative Declaration prepared by Adkan Engineers on behalf of Orly Corp. for Development Code Amendment (Zoning Map Amendment) 20-05, and Development Permit Type-D 20-03, as well as responses to the “SAFER” and “SWRCC” comments; and
WHEREAS, the Planning Division of the Community Development and Housing Department has determined that no substantial revisions were made to the revised Final Initial Study/Mitigated Negative Declaration that would trigger recirculation of the Mitigated Negative Declaration or additional environmental review under State CEQA Guidelines Section 15073.5; and
WHEREAS, notice of the May 1, 2024 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on April 20, 2024, RESOLUTION NO. 2024-078
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9 and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council and no additional information submitted to the Mayor and City Council, has produced substantial new information requiring substantial revisions that trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearing and Appeals) and Chapter 19.44 (Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Permit Type-D 20-03.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2.Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment.
SECTION 3.Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Based upon the findings made herein and their independent judgment and analysis, the Mayor and City Council hereby adopt the Mitigated Negative Declaration for the Project, and the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit A. The Mayor and City Council hereby impose each mitigation measure as a condition of approval of the Project, in accordance with CEQA and the State CEQA Guidelines.
SECTION 4.Findings of Fact – Development Permit Type-D 20-03.
Finding No. 1:The proposed development is permitted within the subject zoning district and complies with all applicable provisions of the Development Code, including prescribed site development standards and applicable design guidelines.
Finding of Fact:The proposed development of an industrial warehouse building is permitted use within the Industrial Light (IL) zone, subject to the approval of a Development Permit Type-D with the appropriate Conditions of Approval and Mitigation Measures. The proposal under Development Permit Type-D 20-03 will be developed in compliance with all of the applicable provisions of the City of San Bernardino Development Code, including development standards and applicable design guidelines.
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9 Finding No. 2:The proposed use is consistent with the General Plan.
Finding of Fact:The Industrial Light (IL) Zoning District classification is intended to provide for the new development of lighter industrial uses along major vehicular, rail, and air transportation routes serving the City. The proposed project would allow the development of an industrial warehouse building containing approximately 89,475 square feet, which is consistent with the light industrial uses within the project vicinity. The project is also consistent with the following General Plan goal and policies:
Goal 4.1 encourages economic activity that capitalizes upon the transportation and locational strengths of San
Bernardino.
Policy 2.5.6 requires that new development be designed to complement and not devalue the physical characteristics of the surrounding environment, including consideration of the site’s natural topography and vegetation, and surrounding exemplary architectural styles.
Policy 5.7.6 encourages architectural detailing, which
includes richly articulated surfaces rather than plain or blank walls.
The proposed project will capitalize on the City’s transportation and locational strengths and will encourage economic development and provide employment opportunities to the City’s residents. The project site is generally flat and was previously developed with two industrial warehouses that have since been demolished. The site is surrounded by light industrial businesses, office uses, vacant lots and nonconforming single-family residential properties. The proposed project will result in the construction of a new 89,475 square foot industrial warehouse with ancillary parking and landscaping. The concrete tilt-up building will be articulated on all sides through the use of varying parapet heights, corner elements and the use of color and varying materials to break up the mass of the building walls. The rooftop equipment will be screened, and extensive landscaping will be provided along the project’s frontages, consistent with these policies.
Additionally, the proposed project is permitted within the Industrial Light (IL) zone, subject to the approval of a Development Permit Type-D with the appropriate Conditions of Approval and Mitigation Measures and is consistent with the existing Industrial Land Use Designation set forth by the General Plan Land Use Map. Therefore, the proposed project is consistent with the General Plan.
Finding No. 3:The proposed development is harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property.
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9 Finding of Fact:The proposed development of the industrial warehouse will be harmonious and compatible with existing and future industrial developments within the Industrial Light (IL) zone. The surrounding area consists of a mixture of nonconforming residential and industrial/office uses. Appropriate Conditions of Approval and Mitigation Measures have been imposed on the proposed development to ensure that the surrounding area will not be negatively impacted by the development of the proposed project. The scale and density of the proposed development conforms to the development standards of the Industrial Light (IL) zone. Additionally, the proposal is consistent with both the General Plan and Development Code subject to approval of the associated amendments, and no land use conflict is expected to result from construction of the proposed project.
Finding No. 4:The proposed development is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030 of the Development Code.
Finding of Fact:In accordance with Section 15074 of the California Environmental Quality Act (CEQA), a Final Mitigated Negative Declaration with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts) was prepared in connection with Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03 for the development and establishment of an industrial warehouse containing approximately 89,475 square feet.
Finding No. 5:There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.
Finding of Fact:In accordance with Section 15074 of the California Environmental Quality Act (CEQA), a Final Mitigated Negative Declaration with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts) was prepared in connection with Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03 for the development, establishment and operation of an industrial warehouse containing approximately 89,475 square feet. Therefore, no significant negative impacts on the environment are anticipated.
Finding No. 6:The subject site is physically suitable for the type and density/intensity of use being proposed.
Finding of Fact:The proposed industrial warehouse containing approximately 89,475 square feet is permitted within the Industrial Light (IL) Zone, subject to the approval of Development Code amendment (Zoning Map Amendment) 20- 05 and Development Permit Type-D 20-03 with the appropriate Conditions of Approval and adoption of the Mitigated Negative Declaration by the RESOLUTION NO. 2024-078
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9 Mayor and City Council. The subject site as an industrial development is sufficient in size to accommodate the proposal under Development Permit Type-D 20-03 as required by the City of San Bernardino Development Code. Therefore, the subject site is physically suitable for the proposal.
Finding No. 7:There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.
Finding of Fact:There are adequate provisions for public access, public utilities, and public services for the proposed industrial warehouse building. The existing site is located adjacent to and already served by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval and Mitigation Measures, the proposed development under Development Permit Type-D 20-03 will not be detrimental to public services or public health and safety.
Finding No. 8:The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the 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 objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City.
Finding of Fact:The proposed development of the industrial warehouse conforms to all applicable development standards and land use regulations of the proposed Industrial Light (IL) zone. Therefore, the design of the project, in conjunction with the recommended Conditions of Approval and Mitigation Measures, will ensure that the proposal will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor will it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed development will enhance the neighborhood to the benefit of the public interest and general welfare of the City.
SECTION 5. – Conditions of Approval. Development Permit Type-D 20-03 is hereby approved, subject to the following Conditions of Approval:
1. This approval is to change the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels containing a total of approximately 3.84 acres; and, allow the development and establishment of an industrial warehouse containing approximately 89,475 square feet on a property comprised of three (3) parcels containing a total of approximately
4.02 acres, located at 791 S. Waterman Avenue (APN(S): 0280-021-34, 44, and 47), within the Office Industrial Park (OIP) and Industrial Light (IL) zones.
RESOLUTION NO. 2024-078
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9 2. The project site shall be developed and maintained in accordance with the plans stamped May 1, 2024 (EXHIBIT “A”), approved by the City, which includes a site plan, floor plan, exterior elevations and concept landscaping plan on file in the Planning Division; the Conditions of Approval contained herein; and, the City’s Municipal Code regulations.
3. The project shall be subject to all of the mitigation measures contained within the Mitigation Monitoring and Reporting Program (EXHIBIT “B”), dated May 1, 2024 and incorporated herein by reference, as Conditions of Approval.
4. Within two (2) years of the approval of the Development Permit, the commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if at any time after the commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize the commencement of construction. All necessary permits must be obtained prior to the commencement of specified construction activities included in the Conditions of Approval.
EXPIRATION DATE: May 1, 2026
5. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension.
6. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities.
The applicant further agrees to reimburse the City for any costs and attorneys’ fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant.
Planning Division
7. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities shall only occur Monday through Friday.
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9 8. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to the commencement of work.
9. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code, section 19.28.120 (Water Efficient Landscaping Standards).
10. Minor Modifications to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application.
11. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Works Department, and the City Clerk’s Office/Business Registration Division.
12. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equalization), as applicable.
13. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter or any other undesirable material(s). Vandalism, graffiti, trash, and other debris shall be removed and cleaned up within twenty-four (24) hours of being reported.
14. Signs are not approved as part of this permit. Prior to establishing any new signs, or to replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained.
15. All exterior lighting shall be contained within property lines and be energy efficient, with the option to lower or reduce usage when the facility is closed.
16. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets.
17. All conditions of the Public Works Department shall be met to the satisfaction of the City Engineer.
18. The applicant/property owner must sign and have notarized an affidavit acknowledging acceptance of the conditions of approval and return it to the Planning Division within thirty (30) days of the effective date of this approval.
19. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy.
RESOLUTION NO. 2024-078
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9 Building & Safety Division
20. All plans submitted shall conform to the California Building Code (2022). Please note that this will include the California Green Building Standards Code.
21. Project shall conform to Chapter 3 of the California Building Code (2022).
22. Project shall also conform to the requirements of Chapter 4 of the California Building Code (2022), Special Details Requirements Based on Use of Occupancy.
23. Provide sprinkler requirements for the occupant load according to California Building Code (2022).
24. Provide all disabled access requirements and complete details on plans prior to plan review submittal and conform to Chapter 11A of the California Building Code (2022).
25. There shall be a formal plan submittal prior to all issuance of permits.
26. Refer to Chapter 7 of the California Building Code (2022) for Fire/Smoke Protection Requirements.
Public Works Department
27. Drainage and Flood Control
a) All necessary drainage and flood control measures shall be subject to requirements of the Building Official, which may be based in part on the recommendations of the San Bernardino County Flood Control Department. The developer's Engineer shall furnish all necessary data relating to drainage and flood control.
b) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of- way dedicated as necessary.
c) The detention basin shall be designed in accordance with “Detention Basin Design Criteria for San Bernardino County.” Retention basins are not acceptable. d) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer.
e) If site drainage is to be outlet into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the driveway approaches will not be permitted. f) A Final Full-Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the County of San Bernardino’s Flood Control web page for the template and Technical Guidance Document. The Land Development Division, prior to issuance of any permit, shall approve the WQMP. A CD copy of the approved WQMP and Hydrology Study shall be required prior to grading permit issuance.
RESOLUTION NO. 2024-078
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9 g) A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD copy of the approved SWPPP shall be submitted to City prior to grading permit issuance.
h) A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit.
i) The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon.
28. Grading and Landscaping
a) The grading and on-site improvement plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the Building Official. b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.100 of the Development Code shall be obtained from the Community Development and Housing Department - Planning Division prior to issuance of any grading or site development permits.
c) If more than 5,000 cubic yards of earthwork is proposed, the grading shall be supervised in accordance with Section 3317.2 of the California Building Code. d) The applicant may be required to 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. e) If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. f) If more than 50 cubic yards of earth is to be hauled on City streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer.
g) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’. Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted. h) An accessible path of travel shall be provided from the public way to the building entrance.
All pathways shall be paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. All accessible parking spaces shall be a minimum of 18 feet by 9 feet net.
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9 i) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points.
The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. j) The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with an accessible path of travel. The minimum size of the refuse enclosure shall be 8 feet x 15 feet for bins storage area. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3’ wide by 6“ high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. k) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner.
l) No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner’s agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee. All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition. m) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design with structural calculations, conduit location, material and size, and photometric plot shall be provided which show that the proposed on-site lighting design will provide:
▪1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and
▪0.25 foot-candles security lighting during all other hours. n) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. o) An accessible path of travel shall be provided from the public way to the building entrance.
All pathways shall be paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. All accessible parking spaces shall be a minimum of 18 feet by 9 feet. p) The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for checking.
q) Prior to occupancy of any building, the developer may be required to post a bond to guarantee the maintenance and survival of project landscaping for a period of one year.
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9 r) 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. s) The applicant must post a performance bond prior to issuance of the on-site permit. The amount of the bond is to be determined by Land Development. t) The public right-of-way, between the property line and top of curb (also known as “parkway”) along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project’s on-site landscape plan.
u) All electrical transformers located outdoors on the site, shall be screened from view with a solid wall or landscaping and shall not be located in any setback/right-of-way area. If the transformer cannot be screened, it shall be located in an underground vault unless approved by the City Engineer pursuant to Section 19.30.110.
v) A Lot Merger is required for this project. The Lot Merger shall be recorded prior to Building Permit issuance. The applicant is directed to the City’s web page at http://www.sbcity.org – Departments – Public Works – Submittal Requirements for submittal requirements.
29. On-Site Utilities
a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) The project site shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. c) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) This project is located in the sewer service area maintained by the City of San Bernardino Municipal Water Department. Therefore, any necessary sewer main extension shall be designed and constructed in accordance to the requirements of SBMWD. e) On-site utility services shall be placed underground and easements provided as required. f) All existing overhead on-site utilities shall be placed underground in accordance with Section 19.20.030 of the Development Code.
g) Existing on-site utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer.
h) An encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s right-of-way. Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction.
30. Off-Site Street Improvement and Dedications
a) For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall provide the distance from street centerline to RESOLUTION NO. 2024-078
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9 property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows:
Street Name
Dedication shall be
Right of Way (feet)
From Centerline
Curb Widening shall be
Curb Line (feet)
From Centerline
Waterman Avenue
(280-021-44 and 47)
50’ Existing
5’ Dedication
for a total ½ width of 50’
“Major Arterial”
40’ Existing
None-Proposed
(Future 46’)
Per General Plan
Central Avenue
(280-021-34 and 44)
44’ Existing
No Dedication
for a total ½ width of 44’
“Secondary Arterial”
32’ Existing
None-Proposed
Per General Plan
b) Waterman Avenue – TI = 10.0 : * - **
i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the traffic index. The City has a minimum of 2” grind and overlay; However, the Soils Report may indicate a thicker or different improvement.
ii) When striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications.
iii) The existing curb and gutter, sidewalk, and driveway fronting the site are in poor condition, all curb and gutter panels, sidewalk panels, and driveways are lifted, cracked, or do not meet current ADA requirements, each of the panels shall be replaced per city standards.
iv) Remove existing driveways that are not being used under the project plans and replace with curb and gutter, and sidewalk per city Standards. v) The corner shall be a 35’ radius including a compliant ADA ramp with by-pass and truncated domes.
vi) If a radius type driveway approach is proposed in lieu of the standard drive approach, then a truck turning curb radius shall be 35’. An accessible by-pass crossing the approach shall be provided to comply with current ADA standard, thickness and reinforcement shall be determined by R value and TI, or construct commercial driveway approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum width is 26’. No driveways closer than 100’ from BCR/ECR as directed by the City Engineer. vii) Driveways in Commercial, Industrial, or Multiple-Family units; no gates shall be placed closer or impede 50’ from back of sidewalk, as directed by the Traffic Engineer.
viii) When replacing/reconstructing curb and gutter panels, construct 8" curb and gutter per City Standard No. 200, type “B”.
ix) When replacing or reconstructing sidewalk panels, construct sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb).
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9 x) Median repair, any areas of median along the frontage of the project area shall be repaired and cleaned to the City Standards.
xi) An ADA ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. xii) Existing Street Light System shall be replaced to LED (Head-Bulb) in accordance with City Standard Nos. SL-1, SL-2, and SL-3. Also, a separate light sheet may be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on street light pole. As directed by the City Engineer. xiii) Construct bus stop street pad per APWA-SPPWC and Omni-Trans Standards. xiv) Install a city approved trash screen and filtration device in the catch basins. xv) When Replacing/Reconstructing or Constructing sidewalk, install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections. xvi) No Parking will be allowed on Waterman Avenue, install signs per city standards xvii) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering.
Central Avenue – TI = 9.0 : * - **
xviii) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the traffic Index. The City’s has a minimum of 2” grind and overlay; However, the Soils Report may indicate a thicker or different improvement.
xix) When striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications.
xx) The existing curb and gutter, sidewalk, and driveway fronting the site are in poor condition, all curb and gutter panels, sidewalk panels, and driveways are lifted, cracked, or do not meet current ADA requirements, each of the panels shall be replaced per city standards.
xxi) Remove existing driveways that are not being used under the project plans and replace with curb and gutter, and sidewalk per City Standards. xxii) The corner shall be a 35’ radius including a compliant ADA ramp with by-pass and truncated domes.
xxiii) If a radius type driveway approach is proposed in lieu of the standard drive approach, then a truck turning curb radius shall be 35’. An accessible by-pass crossing the approach shall be provided to comply with current ADA standard, thickness and reinforcement shall be determined by R value and TI or Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’.
No driveways closer than 100’ from BCR/ECR as directed by the City Engineer. xxiv) Driveways in Commercial, Industrial, or Multiple-Family units; no gates shall be placed closer or impede 50’ from back of sidewalk, as directed by the Traffic Engineer.
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9 xxv) When replacing/reconstructing curb and gutter panels, construct 8" curb and gutter per City Standard No. 200, type “B”.
xxvi) When replacing or reconstructing sidewalk panels, construct sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb).
xxvii) An ADA ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. xxviii) Existing Street Light System shall be replaced to LED (Head-Bulb) in accordance with City Standard Nos. SL-1, SL-2, and SL-3. Also, a separate light sheet may be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. As directed by the City Engineer. xxix) Install a city approved trash screen and filtration device in the catch basins. xxx) Remove and underground existing low kw-electrical and non-electrical lines along frontage of project.
xxxi) When replacing/reconstructing or constructing sidewalk, install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections. xxxii) No parking will be allowed on Central Avenue, install signs per city standards xxxiii) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering.
* These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from D/ERC Approval these conditions shall be reviewed and updated as needed.
** If a Scoping Form is required, this form shall indicate the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). c) With submittal of improvement plans including but not limited to grading plans, street improvement plans, storm drain and retention/detention basin plans, and erosion/sediment control plans, the applicant shall cause to be formed, or shall be annexed into an existing, Community Facilities District(s) (CFD) (2018-1 Service) for landscaping, lighting, streets, drainage facilities, street sweeping, graffiti removal, or other infrastructure, as required by the City to the satisfaction of the City Engineer. The applicant shall initiate the maintenance and benefit assessment district(s) formation, or annexation, by submitting a landowner petition and consent form (provided by the City) and deposited necessary fees concurrent with the application for street and grading plan review and approval; and said maintenance and benefit assessment district(s) shall be established concurrent with the approval of the final map in the case of the subdivision of land, or prior issuance of any certificate of occupancy where there is no subdivision of land, and as approved by the City Engineer. d) If a drainage report is required by Land Development, A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, and public storm drain shall be on a separate set of plans.
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9 e) City approved trash screens and filtration devices shall be installed in all catch basins or manhole connections.
f) A temporary construction encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s right-of-way.
Pavement restoration or trench repair shall be in conformance with City Standard No. 310.
Public facilities shall be restored or constructed back to Public Works Department satisfaction.
g) Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements.
h) The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. i) The above conditions shall comply with current codes, policies, and standards at time of construction.
j) Prior to Certificate of Occupancy or completion of project all as-builts and centerline ties shall be submitted to Public Works.
k) The street improvements and dedications herein above may be amended subject to the approval of the City Engineer.
31. Required Engineering Plans
a) A complete submittal for plan checking shall consist of:
▪street improvement plans (include engineering conditions, city standards, and cross sections in these plans),
▪if storm drain plans are required then public storm drains must be included on separate sheets with profiles in the street improvement plans, private storm drains shall be shown separate sheets with profiles in the on-site improvement plans, ▪if traffic signal modifications are required, then traffic signal plans shall be submitted on separate plan sheets included in the street improvement plans, ▪if signing and striping are required, then the signing and striping plan shall be on separate sheets included in the street improvement plans, ▪if lighting is required (more than 2) then the lighting for offsite plans shall be on separate sheets included in the street improvement plans, if two (2) or less then they can be included directly on the street improvement sheets, ▪lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan),
▪grading (may be incorporated with on-site improvement plan and the demolition plan),
▪on-site improvement plans and on-site landscaping and irrigation, ▪water plans (shall be submitted to San Bernardino Municipal Water Department), ▪CFD’s are required, the CFD Plans shall include landscaping, irrigation, basins, etc. items that are included in the CFD that are not listed in the plans above, shall be on separate sheets included in the street improvement plans. ▪other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed.
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9 ▪All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations)
b) All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block (city standard block) satisfactory to the City Engineer or his designee can be found on the City Web Site http://www.sbcity.org. or http://www.ci.san-
bernardino.ca.us/cityhall/publicworks/engineering_division/engineering_development_re sources/default.asp. Engineering conditions of the project shall be inserted in the last pages of the plans.
c) After completion of plan checking, final mylar drawings with city standard block, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval.
d) Electronic files of all improvement plans/drawings shall be submitted to the City Engineer.
The files shall be compatible with AutoCAD 2021 and include a .dxf file of the project.
Files shall be on CD and shall be submitted at the same time the final mylar drawings are submitted for approval.
e) Copies of the City’s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org or http://www.ci.san- bernardino.ca.us/cityhall/publicworks/engineering_division/design_policy_and_procedur e_documents.asp
32. Traffic Requirements
a) All traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan approval. b) All Public Works off-site Mitigation Monitoring and Reporting Program items shall be shown with the Conditions of Approval on the last pages of Public Works Off-Site Plans. c) The applicant submitted a scope of study form for the LOS and a Vehicle Miles Traveled (VMT) screening assessment. Both documents were approved and will not require further traffic analysis studies.
33. Integrated Solid Waste Management
a) During demolition and/or construction, services are to be provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. b) The Site Plan dated 08/20/2021, identifies the development of an industrial warehouse containing approximately 89,475 square feet located at 791 S. Waterman Avenue c) Burrtec Waste’s review of the Site Plan dated 08/20/2021, identifies a single refuse enclosure located along the north property line adjacent to the guard shack. It is accessed by a looped driveway. Refuse enclosure dimensions are not provided. Based upon the information provided, the project meets or exceeds Burrtec Waste’s minimum requirements for refuse enclosure location and accessibility. d) Provide one refuse enclosure per each potential tenant. e) Display refuse enclosure interior dimensions on the Site Plan.
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9 f) Construct City Standard Plan 508 Refuse Enclosures and meet or exceed the minimum 8’- 0”x 15’-0” clear interior dimensions required for the container storage area, unless potential tenant(s) are involved in the production, manufacture, distribution, or sale of food products. g) If a potential tenant is involved in the production, manufacture, distribution, or sale of food products, participation in a food waste recycling program is required per Assembly Bill 1826. This will require additional space within refuse enclosures for food waste containers.
Therefore, modify (enlarge) City Standard Plan 508 8’x15’ Refuse Enclosure to accommodate the following:
▪Trash – one 4 cubic yard container
▪Recycling – one 4 cubic yard container
▪Food Waste – one 2 cubic yard container
h) Modified refuse enclosures shall be reviewed and approved by the Public Works Department, the Building and Safety Division, and Burrtec Waste. Food waste generators with low volume yields may contact the Public Works Department to inquire about the use of 65-gallon food waste barrels.
i) As specific tenant(s) have not been identified, consideration should also be given to future tenant(s) waste and recycling needs. These may include trash compactors, cardboard balers, and roll-off boxes.
j) Contact the Building & Safety Division to determine ADA accessibility requirements.
Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area. k) Refuse enclosures within five (5) feet of combustible construction shall install an automatic fire sprinkler as approved by the Building & Safety Division and the San Bernardino County Fire Department. (See City Standard Plan 508)
l) Display clear drive aisle widths on the Site Plan.
m) Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways leading to refuse enclosures shall have a turning radius adequate for a 35-foot long, three-axle collection truck. The minimum inside curb radius shall be at least 28 feet.
The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burrtec Waste’s truck turning template may be obtained from the Public Works Department in PDF and CAD. n) Vertical and Horizontal Clearances – The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet. The minimum vertical clearance in front of the refuse enclosure where the truck will empty the container shall be twenty-six (26) feet. The clear height shall be free of building overhangs, trees, and utility lines. The minimum horizontal clearance along the entire route to an enclosure is 12 feet. o) Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its lowest point, with minimal front protrusions that can be damaged during container servicing, and must extend over any open side or the rear of the refuse enclosure by at least six (6) inches or as approved by the City.
p) Hammerhead Turnarounds – Shall meet or exceed San Bernardino County Fire Protection District Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San RESOLUTION NO. 2024-078
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9 Bernardino County Hammerhead detail may be obtained from the Public Works Department.
q) PLEASE NOTE: Any changes to the overall project design, enclosure specifications, location, or access may adversely impact Burrtec Waste’s ability to provide service. Any design modifications that could impact Burrtec Waste’s service are subject to review and approval by Burrtec Waste.
r) If gated, access shall be provided by means of a key, code, or remote. s) Assembly Bill 341 Mandatory Commercial Recycling may apply. t) Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. u) Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. v) Upon completion, service is provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222.
34. Required Engineering Permits
a) Grading and On-site improvements permit (LD).
b) WQMP/Hydrology (THR).
c) Lot Merger (LM).
d) Off-site improvement construction permit. (E).
e) Traffic Control and Right-of-Way permit (ROW).
f) CFD/Street Dedication permit (RP).
35. Applicable Engineering Fees
a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment at time of issuance.
b) The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org or http://www.ci.san-
bernardino.ca.us/cityhall/publicworks/engineering_division/engineering_fee_schedule.as p
SECTION 6.The documents and materials associated with this Ordinance and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings.
SECTION 7. 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 8. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid RESOLUTION NO. 2024-078
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9 or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
RESOLUTION NO. 2024-078
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9 CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-___, adopted at a regular meeting held at the ___ day of _________, 2024 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 _________, 2024.
Genoveva Rocha, CMC, City Clerk