Attachment 5 - Executed DERC Resolution 2023-44 through 47 (Approval of Development Permit Type-D 21-18, 19, 20, and 21)

BER HARDINO CAT Public Hearing: Agenda Item No. 5a
City of San Bernardino
SOUNDED IN 1019 Request for D/ERC Action
Date: February 14, 2024
To: Development and Environmental Review Committee
From: Michael Rosales, Senior Planner
Subject: Development Permit Type-D 21-18
Request: Development Permit Type-D 21-18 A request to allow the development and establishment of a service commercial building (Building "A") containing approximately 17,783 square feet on a project site comprised of two (2) parcels located on the north side of E. Hardt Street approximately 1,090 feet west of S. Tippecanoe Avenue Ward 3.

APN: 0281-301-17 and 0281-311-08
Lot Area: 1.25 acres
Zone: Commercial Regional (CR-3) zone
Recommendation
Staff recommends that the Development and Environmental Review Committee adopt Resolution No. 2023-044 in conjunction with the Mitigated Negative Declaration under the California Environmental Quality Act; and approving Development Permit Type-D 21-18, based on the Findings of Fact and subject to the recommended Conditions of Approval.

Attachments: Attachment A: Resolution 2023-044
Exhibit "A" Approved Site Plans
Exhibit "B" MMRP's
RESOLUTION NO. 2023-044-D/ERC
RESOLUTION NO. 2023-044 - D/ERC

A RESOLUTION OF THE DEVELOPMENT AND

ENVIRONMENTAL REVIEW COMMITTEE OF THE CITY

OF SAN BERNARDINO CALIFORNIA, APPROVING
DEVELOPMENT PERMIT TYPE-D 21-18 FOR THE

DEVELOPMENT AND ESTABLISHMENT OF A SERVICE
COMMERCIAL BUILDING (BUILDING "A") CONTAINING
APPROXIMATELY 17,783 SQUARE FEET ON A PROJECT
SITE COMPRISED OF TWO (2) PARCELS CONTAINING A
TOTAL OF APPROXIMATELY 1.25 ACRES, LOCATED AT
APNS:0281-301-17 AND 0281-311-08 ON THE NORTH SIDE
OF E. HARDT STREET APPROXIMATELY 1,090 FEET
WEST OF S. TIPPECANOE AVENUE WITHIN THE
COMMERCIAL REGIONAL (CR-3) ZONE, WARD 3, AND

ADOPTING THE MITIGATED NEGATIVE DECLARATION,

UNDER THE CALIFORNIA ENVIRONMENTAL QUAILITY
ACT.

WHEREAS, on October 18, 2021 pursuant to the requirements of Section 19.44.020 (Adminion for Dev me Pem Type) 21-8 was diy suBmid by Development Code, an Property Owner: Michael D Gay Separate Property Trust
9747 Business park Avenue Ste 222
San Diego, CA 92131
Applicant: Hamann Construction
000 Pioneer Wa
1 Caion CA 9202
APN: 0281-301-17 and 0281-311-08
Lot Area: 1.25 acres
WHEREAS, pursuant to Section 19.06.20 (Commercial Zones List of Permitted, Development Permitted, and Conditionally Permitted Uses) and Section 19.06.030 (Development Standards) of the City of San Bernardino Development Code, Development Permit Type-D 21-18 is a request to allow the development and establishment of a service commercial building (Building "A") containing approximately 17,783 square feet on a project site comprised of two (2) parcels containing a total of approximately 1.25 acres, located at APNs:
0281-301-17 and 0281-311-08 on the north side of E. Hardt Street approximately 1,090 feet west of S. Tippecanoe Avenue within the Commercial Regional (CR-3) zone, Ward 3; WHEREAS, the Planning Division of the Community Development Department has reviewed Development Permit Type-D 21-18 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; RESOLUTION NO. 2023-044-D/ERC
WHEREAS, pursuant to requirements of Section 15063 of the California Environmental Quality Act (CEQA), the Planning Division of the Community and Economic Development Department accepted the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared by E.P.D. Solutions, Inc. on behalf of and submitted by the applicant (Michael D Gay Separate Property Trust) for Development Permit Type-D 21-18;
WHEREAS, on November 1, 2023, pursuant to requirements of Section 15072 and Section 15073 of the California Environmental Quality Act, the Planning Division of the Community and economic Development 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 Permit Type-D 21- WHEREAS, during the required twenty (20) day public review period on the Initial Study/Mitigated Negative Declaration for Development Permit Type-D 21-18, comment letters were submitted by: SAFER, The County of San Bernardino, and a Marven Norman of the Inland Empire Biking Alliance;
WHEREAS, on November 27, 2023 the Planning Division of the Community and Economic Development Department received the final Initial Study/Mitigated Negative Declaration from E.P.D. Solutions Inc. on behalf of Hamann Construction responding to the comments submitted regarding the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for Development Permit Type-D 21-18; WHEREAS, on December 2, 2023, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals-Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the property owners and occupants/tenants within 1000 feet of the subject property of the holding of a public hearing at which the Initial Study/Mitigated Negative Declaration and Development Permit Type-D 21-18 would be considered;
WHEREAS, on December 13, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Development and Environmental Review Committee held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Environmental Determination and Development Permit Type-D 21-18, and at which meeting the Development and Environmental Review Committee considered the Initial Study/Mitigated Negative Declaration and Development Permit Type-D 21-18; WHEREAS, at the duly noticed public hearing of the Development and Environmental Review Committee on December 13, 2023 a comment letter was submitted by Lozeau and Drury LLP on behalf of "SAFER" expressing concerns on the validity of the Mitigated Negative Declaration that was prepared by E.P.D Environmental Consultants for Development Permit Type-D 21-18;
2 RESOLUTION NO. 2023-044-D/ERC
WHEREAS, at the duly noticed public hearing of the Development and Environmental Review Committee on December 13, 2023 no formal action was taken and Development Permit Type-D 21-18 was moved to the January 10, 2024 Development and Environmental Review Committee meeting for final action;
WHEREAS, at the duly noticed public hearing of the Development and Environmental Review Committee on January 10, 2024, and at the request of the applicant, no formal action was taken for Development Permit Type-D 21-18 and the item was motioned to move to the Development and Environmental Review Committee meeting of February 14, 2024 for final action and;
WHEREAS, pursuant to the requirements of Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Development and Environmental Review Committee has the authority to take action on the Initial Study/Mitigated Negative Declaration and Development Permit Type-D 21-18.

NOW THEREFORE, the Development and Environmental Review Committee of the City of San Bernardino does hereby resolve, determine, find, and order as follows:

SECTION 1. ENVIRONMENTAL DETERMINATION:

As the decision-making body for the project, the Development and Environmental Review Committee has independently reviewed and considered the entire record before it, including the information contained in the Initial Study/Mitigated Negative Declaration prepared for the project Development Permit Type-D 21-18. The Development and Environmental Review Committee herby certifies that the Initial Study/Mitigated Negative Declaration has been completed in compliance with the requirements of CEQA and the Guidelines for the Implementation of the CEQA (California Code Regulations, Title 14, Section 15000 et seq.) ("State CEQA Guidelines") and reflects the independent judgement and analysis of the City.

Based upon the Mitigated Negative Declaration, all comments and testimony received pertaining to, and the entirety of the record before it, the Development and Environmental Review Committee herby finds and determines that there is no substantial evidence supporting a fair argument that the approval of Development Permit Type-D 21-18 will result in a significant effect on the environment. Based on the findings made herein and its independent judgement and analysis, the Development and Environmental Review Committee hereby adopts the Mitigated Negative Declaration for Development Permit Type-D 21-18.

SECTION 2. FINDINGS FOR DEVELOPMENT PERMIT TYPE-D 21-18:

Pursuant to Section 19.44.040 (Findings) of the City of San Bernardino Development Code Development Permit applications are required to meet certain findings prior to the approval by the Development and Environmental Review Committee. Accordingly, the following findings are provided in support of the approval of Development Permit Type-D 21-18:
3 RESOLUTION NO. 2023-044-D/ERC
Finding No. 1: The proposed development is one permitted within the subject zoning istrict and complies with all of the applicable provisions of th Development Code, including prescribed development/site standards an any/all applicable design guidelines;
Finding of Fact: Pursuant to Section 19.06.020 of the City of San Bernardino Development Code, commercial buildings are permitted within the Commercial Regional-3 (CR-3) zone subject to approval of a Development Permit with he appropriate Conditions of Approval and CEQA determination The proposed project consists of the development and establishment of service commercial building (Building "A") containing approximately

17.783 square feet on a project site comprised of two (2) parcels ontaining a total of approximately 1.25 acres along with the constructic f the required on-site and off-site improvements is consistent with th permitted uses and the project will be conditioned to meet all applicable development and site standards.

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

Finding of Fact: General Plan Land Use Policy 2.4 actively seeks to "Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development". General Plan Goal 4.1.1 "Encourages economic activity that proactively seeks out and retains businesses that create jobs and generate sales tax revenue". the levelopment and establishment of a service commercial building (Building "A") containing approximately 17,783 square feet on a projec ite comprised of two (2) parcels containing a total of approximately 1.2 cres along with the construction of the required on-site and off-sit improvements would allot employment for San Bernardino residents and create tax revenue from new businesses for the City of San Bernardino.

Additionally, the proposed project is permitted within the Commercial Regional-3 (CR-3) zone, subject to the approval of a Development Permit Type-D with the appropriate Conditions of Approval and CEQA determination. The project is consistent with the Commercial land use designation set forth by the General Plan Land Use Map.

Finding of Fact: The proposed development and establishment of a service commercial building (Building "A") containing approximately 17,783 square feet on a project site comprised of two (2) parcels containing a total of approximately 1.25 acres would be harmonious and compatible with existing and future developments within the Commercial Regional-3 (CR- 4 RESOLUTION NO. 2023-044-D/ERC
The scale and density of the proposed development is similar to that of the existing commercial development in the area and it conforms to the development standards of the commercial zone. Since the proposal is consistent with both the General Plan and Development Code, no land use conflict is expected to result from construction of the proposed Finding No. 4 The approval of the Administrative or Development Permit for the proposed development is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code.

Finding of Fact:

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

The building will be accessible via two 26 FT access drives which will be provided via Hardt Street. Building A and B will share the second access drive off Hardt Street. The proposed building will have 43 associated parking spaces, including ADA parking, clean air vehicle spaces, bicycle parking, and landscaping throughout the site. There is also a truck well (loading space) that is proposed to the rear of the building. The project aims to use Assembly Bill 2097 which was approved in September 2022 to reduce the number of parking spaces that are required as the site is located within ½ mile of public transit as defined by the bill.

The project includes a landscaped setback along Hardt Street as well as additional landscaping on the northern and western portion of the site.

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 existing commercial structures already served by a full range of public services and utilities. Establishment of the proposed project, subject to Conditions of Approval, will not be detrimental to public services or public health and safety.

Finding No. 8: The location, size, design, and operating characteristics of the proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: The proposed use is similar in nature and operating characteristics to the existing uses in the surrounding area. Therefore, the design of the project, in conjunction with the recommended Conditions of Approval and Mitigation Measures contained within the Mitigation Monitoring and Reporting Program, 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 contrary 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 SECTION 3. CONDITIONS OF APPROVAL:

The approval of Development Permit Type-D 21-18 shall be subject to the following Conditions of Approval:
6 RESOLUTION NO. 2023-044-D/ERC

1. This approval is to allow the development and establishment of a service commercial building (Building "A") containing approximately 17,783 along with the construction of the required on-site and off-site improvements square feet on a project site comprised of two (2) parcels containing a total of approximately 1.25 acres within the Commercial Regional-3 (CR-3) zone, located at APNs: 0281-301-17 and 0281-311-08 on the north side of E. Hardt Street approximately 1,090 feet west of S. Tippecanoe Avenue within the Commercial Regional (CR-3) zone, Ward 3

2. The project site shall be developed and maintained in accordance with the plans stamped February 14, 2024 (EXHIBIT "A"), approved by the City, which includes a complete set of plans on file in the Planning Division; the Conditions of Approval contained herein; and, the City's Municipal Code regulations.

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

EXPIRATION DATE: February 14, 2026

4. The review authority may, upon application being filed thirty (30) days prior to the expiration date of Development Permit Type-D 21-18 and for good cause, grant a time extension not to exceed twelve (12) months. The review authority shall ensure that the project complies with all current Development Code provisions.

5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (City, any departments, agencies, 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 no relieve applicant of his or her obligation under this condition. 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.
7 RESOLUTION NO. 2023-044-D/ERC

7. Commercial and public parking areas abutting residentially designated property shall have a 6-foot high solid architecturally treated decorative masonry wall approved by the Director. All wall treatments shall occur on both sides.

8. Any proposed fencing with roll away gate shall provide access by means of gate key, code, or remote.

9. Landscaping shall conform to that shown on final submitted landscape plans approved on February 14, 2024. A landscape plan shall be submitted to the Planning Division and the Land Development Division, prior to the issuance of grading permits.

10. All parking areas shall provide 25% permanent shading for parked vehicles. Any reasonable combination of shading methods can be utilized. If trees are used, they may not thereafter be trimmed so as to reduce the effectiveness of their shading ability.

11. The property owner(s), facility operator and property management will be responsible for regular maintenance of the site. Vandalism, graffiti, trash, and other debris must be removed within 24 hours of being reported.

12. Service and associated truck storage areas shall be completely screened from public view.

13. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets and alleys.

14. The premises shall always be kept in a neat and orderly condition.

15. Schedule all grading activities to ensure that repeated grading will not be required, and that implementation of the desired land use (e.g. planting, paving or construction) will occur as soon as possible after grading.

16. It shall be unlawful for the driver, owner or operator of any commercial vehicle having a manufacturer's Gross Vehicle Weight rating (GVWR) exceeding 10,000 pounds to park, or cause to be parked, except for the immediate loading and unloading of goods, any such vehicle upon any public street, or alley, or on any residentially zoned property, within any residential land use district in the City. This prohibition shall not apply to construction sites during the construction process or to recreational vehicles.

17. No fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 36 inches in height above the nearest street curb elevation shall be erected or placed within a Traffic Safety Sight Area. A Traffic Safety Sight Area is a triangular portion of a lot formed by three distances measured along and/or perpendicular to property lines at the intersection of two street rights-of-way or at intersections of driveways, parking entrances, and alleys with a street right-of-way.

18. All conditions of the Public Works Department shall be met to the satisfaction of the City Engineer
8 RESOLUTION NO. 2023-044-D/ERC

19. 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.

20. The project shall comply with all applicable requirements of the Building and Safety any the Ciry Cile Ds olic us Res atio Department, Public Works Department,

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

22. All Landscaping shall comply with the provisions set forth in Section 19.28 of the City of San Bernardino Development Code.

23. The applicant/owner shall maintain all existing landscaping in the parking lot and setbacks in a weed and disease-free condition at all times and any dead or missing vegetation must be promptly replaced.

24. The landscaping plan shall provide for a variety of plant materials, with an emphasis on drought tolerant species, appropriate for the local environment and shall include a legend showing common names, sizes, quantities, location, dimensions of planted area, and percentage of parking lot landscaping.

25. The minimum acceptable surface weight for a noise barrier is four pounds per square foot (equivalent to ¾-inch plywood). The barrier shall be of a continuous material which is resistant to sound including: Masonry block, 2. Precast concrete 3, earth berm or a combination of earth berm with block concrete.

26. No use shall emit any obnoxious odor or fumes.

27. Any equipment, whether on the roof, side of structure, or ground, shall be screened. The method of screening shall be architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design and include landscaping when on the ground.

28. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant nust submit an application for approval by the Planning Division. Banners, flags ennants, and similar signs are prohibited unless a Temporary Sign Permit is obtainer

29. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am.

To construction vehicles, equipment, or employees may be delivered to, or arrive at, th onstruction site before 7:00 am or leave the site after 8:00 pm. Construction activitie may only occur Monday through Friday.

RESOLUTION NO. 2023-044-D/ERC

30. The project shall comply with all applicable requirements of the City of San Bernardino Community Development Department, Land Development and Building & Safety Divisions, Fire Department, Police Department, Municipal Water Department, Public Works Department, and the City Clerk's Office/Business Registration Division.

31. Submittal requirements for permit applications with the Building and Safety Division shall include all Conditions of Approval issued with this approval, printed on the plan sheets.

32. No final Certificate of Occupancy will be issued until all conditions of approval have been completed.

33. This is a service commercial building, and all land uses shall be as such. All land uses shal at ere to the standard for the l ones is of Permit d, Best open Permita, and Conditionally Permitted Uses) Page 5 of the City of San Bernardino Development Code.

Consolidated Public Works Division

34. Drainage and Flood Control
a. All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer.
b. If site drainage is to be discharged into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted.
c. A Preliminary Full-Categorical Water Quality Management Plan (WQMP) has been approved.
d. A Final Full-Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the County of San Bernardino's Flood Control web page for the template and Technical Guidance Document. The Land Development Division, prior to issuance of any permit, shall approve the WQMP.

A CD copy of the approved WQMP is required prior to grading permit issuance. e. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD copy of the approved SWPPP shall be submitted to City prior to grading permit issuance. f. A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. 10 RESOLUTION NO. 2023-044-D/ERC
g. The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon.

35. 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 repared 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. All existing fencing and walls shall be shown and detailed on the on-site improvement plan.
c. Adequate lighting shall be provided for the Easterly and Southerly portion of the project site.
d. 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.
e. The site shall be paved with either ACC or PCC (Asphalt or Concrete). f. The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with modification to provide ADA access. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. 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. The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee, Planning Commission or City Council.
g. Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. 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.
. 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.
11 RESOLUTION NO. 2023-044-D/ERC
i. 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. j. 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 are located adjacent thereto except for areas where truck doors, pedestrian doors, planters, and enclosure exist. Curbing may be left out at structure access points.

At the Owners/Developers discretion a temporary security fence may be installed 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, however, the fencing is only required if necessary. m. 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. n. 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.
o. Prior to permit issuance a copy of the reciprocal access easement shall be submitted to Land Development. The reciprocal access agreement shall be approved and recorded for those properties affected prior to obtaining a Certificate of Occupancy.
p. . 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 www.sbcity.org- Departments - Public Works - Submittal Requirements for submittal requirements.
q. 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.
12 RESOLUTION NO. 2023-044-D/ERC
r. Prior to occupancy of any building, the developer shall post a bond to guarantee the maintenance and survival of project landscaping for a period of one year. s. 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.
t. A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan.
u. 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.

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

37. Street Improvement and Dedications
a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows:
13 RESOLUTION NO. 2023-044-D/ERC
Street Name Right of Way(ft.) Comb incite
From Centerline
Hardt Street 27.5' Existing 22'+ Existing
(281-301-17, 281-311-08) 2.5' Dedication for a total None-Proposed per General ½ width of 30' Plan
"Local Continuous"
b. Hardt Street- T. I=7.5:
i. The half width of the street along the project's frontage 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 standard for new streets (4" AC over 8" Base) except truck usage where the specified land use is warehouse (9"AC over 12" Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used.

The existing curb & gutter panels are in fair condition. If any curb & gutter panels are lifted, cracked, each of the panels shall be replaced per city standards.

Construct Commercial Driveway Approach per City Standard No. 204, Type I, 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.
iv. When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb and Gutter per City Standard No. 200, type "B".

V. When Replacing or reconstructing Sidewalk panels, Construct Sidewalk per City Standard No. 202; Case "A" (6' wide adjacent to curb). vi. Driveways in Commercial, Industrial, or multi-Family units, no gates shall e placed closer or impede 40' from back of sidewalk, as directed by the Traffic Engineer
vii. Remove existing driveways that are not being used under the project plans and replace with Curb Gutter and Sidewalk per city Standards. vili. When Striping, use only thermoplastic paint per Section 84 of Caltrans Specifications.

For existing streetlights, , Install Solar LED Street Light Heads in accordance with City Standards. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in the Improvement set in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Supply one 14 RESOLUTION NO. 2023-044-D/ERC
(1) additional head for each solar head installed, As Directed by the City Traffic Engineer.

Appropriate permits from the County of San Bernardino and any other jurisdiction shall be required when adjacent, over, or under any of the Municipalities.
xi. Install 2-3" Conduit 36" under the sidewalk with pull rope and pull boxes for future Traffic connections.
xii. No Truck Parking will be allowed on Hardt Street, install/replace signs per city standards.
xiii. Survey Monuments and ties shall be placed, replaced, tied out and corded at any corner or alignment changes that are adjacent to th roject 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 DERC Approval these conditions shall be reviewed and updated as needed.
c. 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. d. 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.
e. Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. f. 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. g. The above conditions shall comply with current codes, policies, and standards at time of construction.
h. No Direct Connections to underground Storm Drain Systems or Catch Basins. i. Prior to Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works.
j. All off-site improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided.
15 RESOLUTION NO. 2023-044-D/ERC
k. After completion of plan checking, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval.

1. 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

38. Required Engineering Plans
a. A complete submittal for plan check shall consist of • Street improvement plans (may include streetlights or street lighting may be separate plan.
• Sewer plans (private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile submitted to

SBMWD),
• Storm drain plans (private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile,
• Off-site improvement plans
• Traffic control and ROW Permits
• Signing and stripping plan (may be on sheets included in street improvement plan),
• 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 into on-site improvement plan), • On-site improvement plan and on-site landscaping and irrigation, • Water plans (shall be submitted to san Bernardino Municipal Water Department),
• Other plans as required, piece mill of plans of various types will not be accepted.
• All required calculations, studies and reports must be included in the initial submittal (including but not limited to, soils report, drainage studies, or structural calculations).
16 RESOLUTION NO. 2023-044-D/ERC
• All off-site improvement submitted for plan check shall be prepared on the City standard 24" × 36" sheets with a signature block satisfactory to the City Engineer and/or Building Official approval.
• After completion of the plan checking process, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the city Engineer and/or Building Official for approval. • Copies of the Cities design policies, procedures, and standard drawings are available on the cities website at http://www. Sbcity.org no charge or via the front counter at the Public Works Department for a nominal fee.

39. Required Engineering Permits
a. Grading permit.
b. On-site improvements construction permit (except buildings - see Development Services-Building Division),
c. Off-site improvement construction permits.

40. Applicable Engineering Fees
a. All plan check; permits, 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 if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking.
b. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org

41. Traffic Requirements
a. All roadway design, traffic signing and striping, traffic signal, street lighting, and traffic control improvements relating to the proposed project should be constructed in accordance with applicable engineering standards and to the satisfaction of the City of San Bernardino Traffic Engineering Division. b. In conjunction with standard City of San Bernardino development review procedures, on-site traffic signing and striping plans should be prepared in accordance with applicable State and Federal standards. c. The final grading, landscaping, and street improvement plans should demonstrate that sight distance standards are met in accordance with applicable City of San Bernardino /California Department of Transportation sight distance standards. d. Payment of applicable of local and regional development impact fees shall be paid to the City of San Bernardino.
e. All Public Works offsite Mitigation Monitoring and Reporting Program items shall be shown with the Conditions of Approval on the last pages of Public Works Offsite Plans.
17 RESOLUTION NO. 2023-044-D/ERC
f. All roadway design, traffic signing and striping, traffic signal, street lighting, and traffic control improvements relating to the proposed project should be constructed in accordance with the applicable engineering standards and to the satisfaction of the City of San Bernardino Traffic Engineering Division. g. In conjunction with standard City of San Bernardino development review procedure, on site traffic signing, and striping plans should be prepared in accordance with the applicable State and Federal standards.

42. 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 8/1/23 identifies the development and establishment of a service commercial building (Building A). The project site is located on the north side of E. Hardt Street, west of Tippecanoe Avenue.
c. Burrtec Waste Comments:

Project Description: Construct a 17,783 square foot industrial building.

Based upon the information provided, the project meets or exceeds Burrtec's minimum requirements for trash enclosure size, location, and accessibility.

Burrtec will therefore provide the project with standard commercial collection services for trash and mixed recyclables. In the event that any tenant is involved with the production or distribution of food products, they will be required to participate in a food waste recycling program per AB1826.

Any changes to the overall project design, enclosure specifications or location, or access may adversely impact Burrtec's ability to service the project. Any design modifications that could impact Burrtec's service will be subject to review and approval by Burrtec.

Burtec's review of this project is limited to determining whether it meets Burrtec's minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards as they relate to our equipment and personnel and do not pertain to the project's compliance with applicable federal, state, and local land use and environmental laws, building codes or other applicable government regulations. Any approvals by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project.

End of Burrtec Waste Comments.
d. Refuse The Site Plan identifies two trash enclosures located on the north and west sides of the building. They are served by a looped driveway with a minimum width of 26 feet. Enclosure details are provided on Sheet DD1.1. 18 RESOLUTION NO. 2023-044-D/ERC
Based upon the information provided, the project meets or exceeds Burrtec's minimum requirements. Burrtec will therefore provide the project with standard commercial collection services for trash and mixed recyclables. In the event that any tenant is involved with the production or distribution of food products, they will be required to participate in a food waste recycling program per Assembly Bill 1826.
e. Refuse enclosures must meet or exceed City Standard Plan 508 Refuse Enclosure 8'-0"x 15'-0" clear interior dimensions for the container storage area, unless a potential tenant/business is involved in the production, manufacture, distribution, or sale of food products.
f. If a potential tenant/business 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, enlarge (modify) the refuse enclosures interior dimensions to accommodate the following:

Trash - One 4 cubic yard container
Mixed Recyclables - One 4 cubic yard container
Food Waste - One 2 cubic yard container
Modified refuse enclosures shall be reviewed and approved by the Public Works Department, the Building and Safety Division, and Burrtec Waste. g. Provide one refuse enclosure per each potential tenant. h. Contact the Building & Safety Division to determine if any ADA accessibility modifications must be made to the refuse enclosure. Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area. i. Site Plans shall display clear drive aisle widths.
j. 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) 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.

1. 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. Collection trucks require a minimum 23-foot interior curb return radius to make a minimum 28-foot turn.

The minimum outside curb radius shall be at least 42 feet. 19 RESOLUTION NO. 2023-044-D/ERC
All streets and driveways shall comply with applicable City standards. Burrtec Waste's Truck Turning Radius template may be obtained from the Public Works Department in PDF and CAD
m. 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. n. Hammerhead Turnarounds shall meet or exceed San Bernardino County Fire Protection District Standard Number A-l Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the City Public Works Department. o. Tenants/Businesses involved in the production, manufacture, distribution, or sale of food products shall participate in a food waste recycling program per Assembly Bill 1826. This will require additional containers) for food waste. p. 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. If the building is used for the production, manufacture, distribution, or sale of food products, the tenants) shall participate in a food waste recycling program per Assembly Bill 1826. q. If gated, access shall be provided by means of a key, code, or remote. r. Assembly Bill 341 Mandatory Commercial Recycling may apply. s. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. t. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. u. Upon completion, service is provided through the City of San Bernardino's franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222.

Building and Safety Division

43. After the public hearing appeal period ends, applicant shall submit construction plans to the Building and Safety Division for plan check in order to obtain the required building permits.

44. The project shall comply with the California Building Codes as adopted and amended by the City of San Bernardino Municipal Code, Title 15.3.

45. A geotechnical investigation report prepared by a qualified geotechnical engineer is required. The applicant shall submit this report for review and approval prior to the issuance of building permits.
20 RESOLUTION NO. 2023-044-D/ERC

46. The construction drawings require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect.

47. The project shall comply with state and federal disabled access requirements.

Consolidated County of San Bernardino Fire District

48. The development shall have a minimum of Two points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys, and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Other recognized standards may be more restrictive by requiring wider access provisions. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height.

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

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

51. Fire Condition Letters shall expire on the date determined by the Planning Division or Building and Safety.

52. An automatic fire sprinkler system complying with NFPA Pamphlet #13 and Fire Department standards is required. The applicant shall hire a licensed fire sprinkler contractor. The fire sprinkler contractor shall submit plans with hydraulic calculations, manufacturers specification sheets and a letter from a licensed structural (or truss) engineer with a stamp verifying the roof is capable of accepting the point loads imposed on the building by the fire sprinkler system design to the Fire Department for approval.

The contractor shall submit plans showing type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal.

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

54. The applicant shall submit an application for high-piled storage (internal storage over 12' in height), detailed plans and a commodity analysis report to the Fire Department for review and approval. The applicant shall submit the approved plan to Building and Safety for review with building plans. If the occupancy classification is designated as S-2, commodities to be stored will be limited to products of light hazard classification only.

The required fees shall be paid at the time of plan submittal.

55. A manual, automatic or manual and automatic fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required. 21 RESOLUTION NO. 2023-044-D/ERC

56. The applicant shall hire a licensed fire alarm contractor. The fire alarm contractor shall submit detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

57. Pell not be grace you he the Dience inspion a Occupa, ay sighs forase) Building and Safety job card for "fire final".

58. Building Plans shall be submitted to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

59. Prior to combustibles being placed on the project site an approved all-weather fire apparatus access surface and operable fire hydrants with acceptable fire flow shall be installed. The topcoat of asphalt does not have to be installed until final inspection and occupancy.

60. Combustible vegetation shall be removed as follows: a. Where the average slope of the site is less than 15% -Combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less. b. Where the average slope of the site is 15% or greater - Combustible vegetation shall be removed a minimum one hundred (100) feet from all structures or to the property line, whichever is less. The development shall have a minimum of one points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width.

61. All buildings shall have access provided by approved roads, alleys, and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. (County Ordinance #3586.

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

63. Fire access roadways shall not exceed a maximum of twelve (12%) percent grade at any point. Fire access roadways or driveways may be increased to fourteen (14%) percent grade for a distance not to exceed five hundred (500) feet. Fire access roadways providing access to no more than two (2) one or two-family dwellings may be increased to a maximum of sixteen (16%) percent grade not to exceed five hundred (500) feet.

Grades across the width of a fire access roadway shall not exceed five (5%) percent. In order to accommodate proper angles of approach and departure, gradient shall not exceed five (5%) percent change along any ten (10) foot section.

64. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Road surface shall meet the approval of the Fire Chief prior to installation. 22 RESOLUTION NO. 2023-044-D/ERC
All roads shall be designed to 85% compaction and/or paving and hold the weight of Fire apparatus at a minimum of 80K pounds.

65. Prior to building permits being issued to any new structure, the primary access road shall be paved or on an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance, and turnouts.

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

67. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan.

68. This project requires an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street corner to the project. Installation of the temporary sign shall be prior to any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed.

69. Prior to any land disturbance the water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using California Fire Code. The Fire Flow for this project shall be: 1,750 GPM for a Two-hour duration at 20 psi residual operating pressure. Fire Flow is based on a 16,514 sqrft. structure.

70. A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. Fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured along vehicular travel-ways) and no more than three hundred (300) feet from any portion of a structure.

Fire flow water supply shall be in place prior to placing combustible materials on the job site.

72. The applicant shall submit a fire lane plan to the Fire Department for review and insale on ripriate rade in aced and The "e apprined fire Lane" signs all be

73. An approved Fire Department key box is required. In commercial, industrial, and multi- family complexes, all swing gates shall have an approved fire department Lock (Knox ®).
23 RESOLUTION NO. 2023-044-D/ERC

74. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs, or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road.

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

76. Above Ground Storage Tank plans shall be submitted to the San Bernardino County Fire Department for review and approval prior to any installation on-site. The required Fees shall be paid at time of plan submittal.

77. The applicant shall install Fire Department approved material identification placards on the outside of all buildings and/or storage tanks that store or plan to store hazardous or flammable materials in all locations deemed appropriate by the Fire Department.

Additional placards shall be required inside the buildings when chemicals are segregated into separate areas. Any business with an N.F.P.A. 704 rating of 2-3-3 or above shall be required to install an approved key box vault on the premises, which shall contain business access keys and a business plan.

78. Commercial and industrial developments of 100,000 sqrft or less shall have the street address installed on the building with numbers that are a minimum eight (8) inches in height and with a one (1) inch stroke. The street address shall be visible from the street.

During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional nonilluminated address identification shall be displayed on a monument, sign or other approved means with numbers that are a minimum of six (6) inches in height and three-quarter (¾) inch stroke.

79. The applicant shall contact the San Bernardino County Fire Department/Hazardous Materials Division (909) 386-8401 for review and approval of building plans, where the planned use of such buildings will or may use hazardous materials or generate hazardous waste materials.

80. Permission to occupy or use the building (certificate of Occupancy or shell release) will not be granted until the Fire Department inspects, approves, and signs off on the Building and Safety job card for "fire final".

81. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein "Fire Department". Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable status, codes, ordinances, and standards of the Fire Department.
24 RESOLUTION NO. 2023-044-D/ERC

82. Construction permits shall automatically expire and become invalid unless the work authorized such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Suspension or abandonment shall mean that no inspection by the Department has occurred within 180 days of any previous inspection. After a construction permit becomes invalid and before such previously approved work recommences, a new permit shall be first obtained and the fee to recommence work shall be one-half the fee for the new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year.

83. A request to extend any permit may be made in writing PRIOR TO the expiration date justifying the reason that the permit should be extended.

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

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

86. In addition to the Fire requirements stated herein, other onsite and off-site improvements may be required which cannot be determined at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office.

87. Any changes to this proposal shall require new Fire Department condition letter.

SECTION 4. DEVELOPMENT AND ENVIRONMENTAL REVIEW

SECTION 5. SEVERABILITY
If any provision of this resolution or the application thereof to any circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared severable.
25 RESOLUTION NO. 2023-044-D/ERC
SECTION 6. CUSTODIAN OF RECORDS.

The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Development and Environmental Review Committee based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), 909-384- PASSED, APPROVED AND ADOPTED this 14" day of February 2024 Matter
Mary Lanier, Acting Chair
San Bernardino Development/
Environmental Review Committee
ATTEST:

Jennifer Meamber, D/ERC Secretary
City of San Bernardino, California
CERTIFICATION:
1, Jennifer Meamber, Recording Secretary of the Development and Environmental Review Committee of the City of San Bernardino, California, do hereby certify that the foregoing Resolution, No. 2023-044 was duly adopted by the Development and Environmental Review Committee of the City of San Bernardino, California, at a regular meeting thereof held on the 14* day of February 2024, by the following vote, to wit:

AYES: Marrinan, Bishara, Jabsheh, Sepulveda, Lindberg, Castro, Markloff NOES: None
ABSENT: None
ABSTAIN: None
Jennifer Meamber, Recording Secretary
City of San Bernardino, California
26 RESOLUTION NO. 2023-044-D/ERC
EXHIBIT "A"
Approved Plans
27 OWNER LEGAL DESCRIPTION
KENNETH D. SMITH

KADY TRE

SITE INFORMATION
Pa 1g 1 800
SITE

PARKING TABULATION

SITE LEGEND

DITH PUR VE LATONI
VICINITY MAP NaS' 4757°E 580.56
1°m 500-0
Restles Satedde
• Date T Descepico
(0A300)

ACCESSIBLE PATH OF TRAVEL

BUILDING A

PROJECT SCOPE
LOT 29 UNDERER CUND PURINT TO Hardt & Brier Business Park LOTS 29 & 30 SAN BERNARDINO, CA SECTON 9230,145 NEW SHELL BUILDING 'A'

SHEET LIST DD
ВНЕЕТЯ SHEET SANE
N59'4757°E 651.A0 D01.1 SITE DETAILS

HARDT STREET SITE
project:

City of San Bernardino PLAN
T-Community-e Economic Development Dept. T DD1.0
Aning Dwelon U1i4/24
proved
Date:

KENYETH D. SM
MONTEC
* ASKATE
3D JPEG VIEW

FLOOR PLAN

MES GOAPARA

COND, BLAS
Residen Detache

ELEVATIONS SECTION
105 - 140
• I REVEAL
Clty of San Bernardino - CONCRETE NEW SHELL BUILDING 'A' Hardt & Brier Business Park LOTS 29 & 30 SAN BERNARDINO, CA *
Community & Econortle Development Dept.
2/01/24
Date:

TYPICAL SCREENING WALL project:
0242023 1037:24 AM O traiter 3e
DD1.1
METH D. SMI
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NEW SHELL BUILDING 'A' Hardt & Brier Business Park LOTS 29 & 30 SAN BERNARDINO, CA Community & Ecotomic Development Dept. City of San Bernardino FIRST
ning Division SQUARE FOOTAGE
pproved Name Area FLOOR project:
16,51431 PLAN
Date: 72/1/2 12008
5-10
17,78385 DD2.1

SAN BERNARDINO, CA
Rentian Schedule LOTS 29 & 30 DD2.2
KENNETH D.S • One balan Hardt & Brier Business Park
NEW SHELL BUILDING 'A' project:

ROOF PLAN
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Section 1 X:
• Xi
24 0400231037404
Date: By:
731216 Approved
DD2.3 Planning Division
Community & Economic Development Dept.
105.10
DD- SOUTH-A Clty of San Bemardino
project
SAN BERNARDINO, CA LOTS 29 & 30 Hardt & Brier Business Park NEW SHELL BUILDING 'A'

CALAMAD

DD- EAST- A
•EM THAT ERCON
nin
• Dete | Desatetor
tention Schedule EXTERIOR PAINT :
18-450-7
Fa/81388,

K ASSOCATES I

ARCHITECT
KENNETH D. SMT
Date:
2/14/24 Approved
anning Division
DD2.4 Community 8 Economic Development Dept.

DD- NORTH-A City of San Bernardino
project
- METAL PERSONNET. OOCH те: ак. осоя
.........

SAN BERNARDINO, CA LOTS 29 & 30 Hardt & Brier Business Park NEW SHELL BUILDING 'A'

DD- WEST- A

LITERACHT GATES TURI DILDONE
Rention Behedule
32 EXTERIOR PAINT:

A ASSOCIATES EX

ARCHITECT
KENETH D. SMTH
RESOLUTION NO. 2023-044-D/ERC
EXHIBIT "B"
Environmental Determination
Mitigation and Monitoring Reporting Program
28 Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Mitigation Monitoring and Reporting Program
Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries our a project for which an Mitigated Negative Declaration has been certified which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, to adopt a "...reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environmen'" (CEQA, Public Resources Code Sections 21081, 21081.6).

A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented for the Hardt and Brier Business Park Project (Project). The City of San Bernardino is the Lead Agency for the project and is responsible for implementation of the MMIRP. This report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP.

Mitigation Monitoring and Reporting Program
The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the City for the Project. The table identifies mitigation measures required by the City to mitigate or avoid significant impacts associated with the implementation of the Project, the timing of implementation, and the responsible party or parties for monitoring compliance.

The MMRP also includes a column that will be used by the compliance monitor (individual responsible for monitoring compliance) to document when implementation of the measure is completed. As individual Plan, Program, Policies; and mitigation measures are completed, the compliance monitor will sign and date the MMRP, indicating that the required actions have been completed.

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project This page intentionally left blank.
2 Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM
Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials

AESTHETICS
PPP AES-1: Outdoor Lighting. All outdoor luminaires installed shall be Submission of electrical Department of Building appropriately located and adequately shielded and directed such that no plans prior to plan check and Safety. direct light falls outside the parcel of origin, or onto the public right-of-way. In approval. addition, outdoor luminaires shall not blink, flash, or rotate and shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Municipal Code

AIR QUALITY
PPP AQ-I: Rule 402. The Project is required to comply with the provisions of In construction plans and Department of Building South Coast Air Quality Management District (SCAQMD) Rule 402. The Project specifications. During and Safety. shall not discharge from any source whatsoever such quantities of air Project operation. Prior contaminants or other material which cause Injury, detriment, nuisance, or to grading and building annoyance to any considerable number of persons or to the public, or which permits. endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.

PPP AQ-2: Rule 403. The Project is required to comply with the provisions of In construction plans and Department of Building South Coast Air Quality Management District (SCAQMD) Rule 403, which specifications. Prior to and Safety. includes the following: building permits.
• The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered, with complete coverage of disturbed areas, at least 3 times daily during dry weather; preferably in the mid-morning, afternoon, and after work is done for the day.

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible For
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less.

PPP AQ-3: Rule 1113. The Project is required to comply with the provisions of Compliance with Rule Department of Building South Coast Air Quality Management District Rule (SCAQMD) Rule 1113. Only 1113. and Safety and "Low-Volatile Organic Compounds" paints (no more than 50 gram/liter of SCAQMD.

VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.

BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: Nesting Bird Survey. Vegetation removal should Conduct take avoidance Qualified biologist and occur outside of the nesting bird season (generally between February 1 and surveys for nesting birds if City of San Bernardino Seprember 15). If vegetation removal is required during the nesting bird vegetation removal occurs Planning Division. season, the applicant must conduct take avoidance surveys for nesting birds during nesting bird prior to initlating vegetation removal/clearing. Surveys will be conducted by season. Submittal of pre- a qualified biologists) within three days of vegetation removal. If active nests activity nesting bird field are observed, a qualified biologist will determine appropriate minimum survey results report disturbance buffers and other adaptive mitigation techniques (e.g., biological (during Feb 1 - Aug 31). monitoring of active nests during construction-related activities, staggered Three days prior to schedules, etc.) to ensure that impacts to nesting birds are avoided until the initiating vegetation nest is no longer active. At a minimum, construction activities will stay outside removal/clearing. of a 300-foot buffer around the active nests. For raptor species, the buffer is to be expanded to 500 feet. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist and City of San Bernardino Planning Division verify that the nests are no longer occupied, and the juvenile birds can survive independently from the nests. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, normal construction activities may occur.

Miligation Measure BIO-2: Nesting Bird Buffer. If nesting birds are Establish an avoidance Qualified biologist and encountered, a qualified biologist must establish an avoidance buffer zone buffer zone around nests, City of San Bernardino around the nest (buffer zones vary according to species involved and shall be if identified through Planning Division determined by the qualified biologist. No activities that would adversely Mitigation Measure BIO- affect the nest shall occur within the buffer zone until the qualified biologist 1. Prior to and during construction activities.

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials has determined the nest is no longer active and the young are no longer dependent on the nest.

CULTURAL RESOURCES
PPP CUL-1: Human Remains. Should human remains or funerary objects be In construction plans and County Coroner and discovered during prolect construction, the project would be required to specifications. During City of San Bernardino comply with State Health and Safety Code Section 7050.5, which states that construction activities. Planning Division no further disturbance may occur in the vicinity of the body (within a 100-foot Compliance with State buffer of the find) until the County Coroner has made a determination of origin Health and Safety and disposition pursuant to Public Resources Code Section 5097.98. The Code Section 7050.5 County Coroner must be notified of the find immediately. If the remains are and 5097.98. Notify determined to be prehistoric, the Coroner will notify the Native American NAHC and MLD.

Heritage Commission, which will determine the identity of and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD must complete the inspection within 48 hours of being granted access to

GEOLOGY AND SOILS
PPP WQ-1: SWPPP. Prior to grading permit issuance, the project developer In construction plans and City of San Bernardino shall have a Stormwater Pollution Prevention Plan (SWPPP) prepared by a specifications. Prior to Planning Division QSD (Qualified SWPPP Developer) pursuant to the Municipal Code Chapter grading and building

13.54. The SWPPP shall incorporate all necessary Best Management Practices permits. (BMPs) and other City requirements to comply with the National Pollutant Discharge Elimination System (NPDES) requirements to limit the potential of polluted runoff during construction activities. Project contractors shall be required to ensure compliance with the SWPPP and permit perlodic inspection of the construction site by City of San Bernardino staff or its designee to confirm compliance.

PPP WQ-2: WQMP. Prior to grading permit issuance, the project developer In construction plans and City of San Bernardino shall have a Water Quality Management Plan (WQMP) approved by the City specifications. Prior to Planning Division for implementation. The project shall comply with the City's Municipal Code grading and building Section 13.54 and the Municipal Separate Storm Sewer System (MS4) permit permits. requirements in effect for the Regional Water Quality Control Board Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
Ensuring Compliance / Date Completed
Action and Timing Verification and Initials
(RWQCB) at the time of grading permit to control discharges of sediments and other pollutants during operations of the Prolect.

HYDROLOGY AND WATER QUALITY
PPP WQ-1: SWPPP. As described above. As described above. As described above.

PPP WQ-2: WQMP. As described above. As described above. As described above.

HAZARDS AND HAZARDOUS MATERIALS
Mitigation Measure HAZ-1: Disposal of Illegally Dumped Materials. The Disposal of all illegally City of San Bernardino Project applicant is responsible for ensuring the proper disposal of any and dumped materials Planning Division all illegally dumped materials currently on the Project site, in compliance with currently on the Project the City of San Bernardino Municipal Code Chapter 8.24. Proper disposal of site. Prior to start of all illegally dumped materials onsite must be completed before any construction activities. construction activities begin. Signs or fences shall be installed onsite to assist in preventing future onsite dumping of potentially hazardous materials prior to

TRIBAL CULTURAL RESOURCES
Mitigation Measure TCR-1: Retain a Native American Monitor Prior to In construction plans and City of San Bernardino Commencement of Ground-Disturbing Activities. specifications. Retain a Planning Division and A. The project applicant/lead agency shall retain a Native American Monitor Native American Monitor Native American Monitor. from or approved by the Gabrieleño Band of Mission Indians - Kizh Nation. from or approved by the The monitor shall be retained prior to the commencement of any "ground- Gabrieleño Band of disturbing activity" for the subject project at all project locations (i.e., both on- Mission Indians - Kizh site and any off-site locations that are included in the project Nation. Prior to the description/definition and/or required in connection with the project, such as commencement of any public improvement work). "Ground-disturbing activity" shall include, but is not ground-disturbing activity limited to, demolition, pavement removal, potholing, auguring, grubbing, tree or the issuance of any removal, boring, grading, excavation, drilling, and trenching. permit necessary to B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials activity, or the issuance of any permit necessary to commence a ground- commence a ground- disturbing activity. disturbing activity.

C. The monitor will complete daily monitoring logs that will provide descriptions On-site tribal monitoring of the relevant ground-disturbing activities, the type of construction activities during ground-disturbing performed, locations of ground-disturbing activities, soil types, cultural-related activities. materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "CR"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.

Mitigation Measure TCR-2: Unanticipated Discovery of Tribal Cultural In construction plans and Qualified Professional Resource Objects (Non-Funerary/Non-Ceremonial). Upon discovery of any specifications. Upon Archeologist/ City of San TCRs, all construction activities in the immediate vicinity of the discovery shall discovery of any TCRs halt Bernardino Planning cease (i.e., not less than the surrounding 50 feet) and shall not resume until the construction activities until Division. discovered TCR has been fully assessed by the Kizh monitor and/or Kizh resources are assessed archaeologist. The Kizh will recover and retain all discovered TCRs in the form and retained by Kizh and/or manner the Tribe deems appropriate, in the Tribe's sole discretion, and Nation. for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.

Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains In construction plans and Qualified Professional and Associated Funerary or Ceremonial Objects speclfications. Upon Archeologist/ City of San discovery of human
Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Aclion and Timing Verification and Initials A. Native American human remains are defined in PRC 5097.98 (d)(1) as an remains during Bemardino Planning Inhumation or cremation, and in any state of decomposition or skeletal construction activities, Division. completeness. Funerary objects, called associated grave goods in Public follow Public Resource Resources Code Section 5097.98, are also to be treated according to this Code 5097.9 as well as Health and Safety Code
Section 7050.5.

B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed.

C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).

D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.

E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.

PPP CUL-1: Human Remains. As described above. As described above. As described above.

TRIBAL CULTURAL RESOURCES
PPP WQ-I: WOMP. As described above. As described above. As described above.

RIDINO. CAT Public Hearing: Agenda Item No. 5b
City of San Bernardino
BINDED IN A91D Request for D/ERC Action
Date: February14, 2024
To: Development and Environmental Review Committee
From: Michael Rosales, Senior Planner
Subject: Development Permit Type-D 21-19
Request: Development Permit Type-D 21-19 a request to allow the development and establishment of a service commercial building (Building "B") containing approximately 17,586 square feet on a project site comprised of two (2) parcels located on the north side of E. Brier Drive East of Tippecanoe Avenue, South of the BNSF Railroad and East of S Gifford Avenue, Ward 3
APN: 0281-311-06 and 0281-311-07
Lot Area: 1.30 acres
Zone: Commercial Regional (CR-3) zone
Recommendation
Staff recommends that the Development and Environmental Review Committee adopt Resolution No. 2023-045 adopting the Categorical Exemption under the California Environmental Quality Act; and approving Development Permit Type-D 21-19, based on the Findings of Fact and subject to the recommended Conditions of Approval.

Attachments: Attachment A: Resolution 2023-045
Exhibit "A" Approved Site Plans
Exhibit "B" MMRP's
RESOLUTION NO. 2023-045-D/ERC
RESOLUTION NO. 2023-045 - D/ERC

A RESOLUTION OF THE DEVELOPMENT AND

ENVIRONMENTAL REVIEW COMMITTEE OF THE CITY

OF SAN BERNARDINO CALIFORNIA, APPROVING
DEVELOPMENT PERMIT TYPE-D 21-19 FOR THE

DEVELOPMENT AND ESTABLISHMENT OF A SERVICE
COMMERCIAL BUILDING (BUILDING "B") CONTAINING
APPROXIMATELY 17,586 SQUARE FEET ON A PROJECT
SITE COMPRISED OF TWO (2) PARCELS CONTAINING A
TOTAL OF APPROXIMATELY 1.30 ACRES, LOCATED AT
APNS:0281-311-06 AND 0281-311-07, NORTH OF E. BRIER
DRIVE, EAST OF N. TIPPECANOE AVENUE, SOUTH OF

THE BNSF RAILROAD AND EAST OF S GIFFORD AVENUE
WITHIN THE COMMERCIAL REGIONAL-3 (CR-3) ZONE,
WARD 3, AND ADOPTING THE MITIGATED NEGATIVE

DECLARATION, UNDER THE
ENVIRONMENTAL QUAILITY ACT.

WHEREAS, on October 18, 2021 pursuant to the requirements of Section 19.44.020 (Administrative and Development Permits) of the City of San Bernardino Development Code, an polication for Development Permit Type-D 21-19 was duly submitted by Property Owner: Michael D Gay Separate Property Trust
9747 Business park Avenue Ste 222
San Diego, CA 92131
Applicant: Hamann Construction
1000 Pioneer Way
El Cajon, CA 92020
APN: 0281-311-06 and 0281-311-07
Lot Area: 1.30 acres
WHEREAS, pursuant to Section 19.06.20 (Commercial Zones List of Permitted, Development Permitted, and Conditionally Permitted Uses) and Section 19.06.030 (Development Standards) of the City of San Bernardino Development Code, Development Permit Type-D 21-19 is a request to allow the development and establishment of a service commercial building (Building "B) containing approximately 17,586 square feet on a project site comprised of two (2) parcels containing a total of approximately 1.30 acres, located at APNs:
0281-311-06 and 0281-311-07 on the north side of E. Brier Drive East of Tippecanoe Avenue, South of the BNSF Railroad and East of S Gifford Avenue within the Commercial Regional (CR-3) zone, Ward 3;
WHEREAS, the Planning Division of the Community Development Department has reviewed Development Permit Type-D 21-19 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; 1 RESOLUTION NO. 2023-045-D/ERC
WHEREAS, pursuant to requirements of Section 15063 of the California Environmental Quality Act (CEQA), the Planning Division of the Community and Economic Development Department accepted the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared by E.P.D. Solutions, Inc. on behalf of and submitted by the applicant (Michael D Gay Separate Property Trust) for Development Permit Type-D 21-19;
WHEREAS, on November 1, 2023, pursuant to requirements of Section 15072 and Section 15073 of the California Environmental Quality Act, the Planning Division of the Community and economic Development 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 Permit Type-D 21- 19;
WHEREAS, during the required twenty (20) day public review period on the Initial Study/Mitigated Negative Declaration for Development Permit Type-D 21-19, comment letters were submitted by: SAFER, the County of San Bernardino, and a Marven Norman of the Inland Empire Biking Alliance;
WHEREAS, on November 27, 2023 the Planning Division of the Community and Economic Development Department received the final Initial Study/Mitigated Negative Declaration from E.P.D. Solutions Inc. on behalf of Hamann Construction responding to the comments submitted regarding the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for Development Permit Type-D 21-19; WHEREAS, on December 2, 2023, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals-Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the property owners and occupants/tenants within 1000 feet of the subject property of the holding of a public hearing at which the Initial Study/Mitigated Negative Declaration and Development Permit Type-D 21-19 would be considered;
WHEREAS, on December 13, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Development and Environmental Review Committee held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Environmental Determination and Development Permit Type-D 21-19, and at which meeting the Development and Environmental Review Committee considered the Initial Study/Mitigated Negative Declaration and Development Permit Type-D 21-19; WHEREAS, at the duly noticed public hearing of the Development and Environmental Review Committee on December 13, 2023 a comment letter was submitted by Lozeau and Drury LLP on behalf of "SAFER" expressing concerns on the validity of the Mitigated Negative Declaration that was prepared by E.P.D Environmental Consultants for Development Permit Type-D 21-19;
2 RESOLUTION NO. 2023-045-D/ERC
WHEREAS, at the duly noticed public hearing of the Development and Environmental Review Committee on December 13, 2023 no formal action was taken and Development Permit Type-D 21-19 was moved to the January 10, 2024 Development and Environmental Review Committee meeting for final action;
WHEREAS, at the duly noticed public hearing of the Development and Environmental Review Committee on January 10, 2024, and at the request of the applicant, no formal action was taken for Development Permit Type-D 21-19 and the item was motioned to move to the Development and Environmental Review Committee meeting of February 14, 2024 for final action; and
WHEREAS, pursuant to the requirements of Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Development and Environmental Review Committee has the authority to take action on the Initial Study/Mitigated Negative Declaration and Development Permit Type-D 21-19.

NOW THEREFORE, the Development and Environmental Review Committee of the City of San Bernardino does hereby resolve, determine, find, and order as follows:

SECTION 1. ENVIRONMENTAL DETERMINATION:

As the decision-making body for the project, the Development and Environmental Review Committee has independently reviewed and considered the entire record before it, including the information contained in the Initial Study/Mitigated Negative Declaration prepared for the project Development Permit Type-D 21-19. The Development and Environmental Review Committee herby certifies that the Initial Study/Mitigated Negative Declaration has been completed in compliance with the requirements of CEQA and the Guidelines for the Implementation of the CEQA (California Code Regulations, Title 14, Section 15000 et seq.) ("State CEQA Guidelines") and reflects the independent judgement and analysis of the City.

Based upon the Mitigated Negative Declaration, all comments and testimony received pertaining to, and the entirety of the record before it, the Development and Environmental Review Committee herby finds and determines that there is no substantial evidence supporting a fair argument that the approval of Development Permit Type-D 21-19 will result in a significant effect on the environment. Based on the findings made herein and its independent judgement and analysis, the Development and Environmental Review Committee hereby adopts the Mitigated Negative Declaration for Development Permit Type-D 21-19.

SECTION 2. FINDINGS FOR DEVELOPMENT PERMIT TYPE-D 21-19:

Pursuant to Section 19.44.040 (Findings) of the City of San Bernardino Development Code Development Permit applications are required to meet certain findings prior to the approval by the Development and Environmental Review Committee. Accordingly, the following findings are provided in support of the approval of Development Permit Type-D 21-19:
3 RESOLUTION NO. 2023-045-D/ERC
Finding No. 1: The proposed development is one permitted within the subject zoning Districted one is linell red declare testandard and
including prescribed development/site standards anc
any/all applicable design guidelines;
Finding of Fact: Pursuant to Section 19.06.020 of the City of San Bernardino Development Code, commercial buildings are permitted within the Commercial Regional-3 (CR-3) zone subject to approval of a Development Permit with ipproval and CEQA determination. The
he appropriate Conditions of edevalone and estenant T
service commercial building (Building "B") containing approximately 17,586 square feet on a project site comprised of two (2) parcels development and site standards.

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

Finding of Fact: General Plan Land Use Policy 2.4 actively seeks to "Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development". General Plan Goal 4.1.1 "Encourages economic activity that proactively seeks out and retains businesses that create jobs and generate sales tax revenue". the development and establishment of a service commercial building (Building "B) containing approximately 17,586 square feet on a project site comprised of two (2) parcels containing a total of approximately 1.30 acres along with the construction of the required on-site and off-site improvements would allot employment for San Bernardino residents and create tax revenue from new businesses for the City of San Bernardino.

Finding No. 3 The proposed development would be harmonious and compatible with existing and future developments within the zone and general area, as well as with the land uses presently on the subject property. 4 RESOLUTION NO. 2023-045-D/ERC
Finding of Fact: The proposed development and establishment of a service commercial uilding (Building "B") containing approximately 17,000 square teet on:
project site comprised of two (2) parcels containing a total of approximately 1.30 acres along with the construction of the required on- existing and future developments within the Commercial Regional-3 (CR- 3) zone and the surrounding area. The scale and density of the proposed development is similar to that of the existing commercial development in the area and it conforms to the development standards of the commercia zone. Since the proposal is consistent with both the General Plan and Development Code, no land use conflict is expected to result from construction of the proposed commercial building.

Finding No. 4 The approval of the Administrative or Development Permit for the proposed development is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code.

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 Permit Type-D 21-19 for the development and establishment of a service commercial building (Building "B")
Finding No. 5: chero mental quality and natutal resource that could zor be properly potential significant negative impacts upon Finding of Fact: In accordance with Section 15074 and Section 15097 of the State California Environmental Quality Act (CEQA) Guidelines, a Final Mitigated Negative Declaration with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigatiol Measures are implemented to prevent potential environmental impacts was prepared in connection with Development Permit Type-D 21-19. The location and operating characteristics of the proposed project will be consistent with all provisions of the Development Code. The proposed use will be compatible with the existing and future commercial land uses within the surrounding area. The proposal will not create conditions that may be objectionable or detrimental to other permitted uses in the vicinity as the proposal will be consistent with the Commercial Regional-3 (CR-3, zone. Moreover, the project will provide positive enhancement to the on site landscaping and parking lot, helping to revitalize the underused property. Therefore, no land use conflict or adverse effects on public health, safety or welfare are anticipated to result from establishment of the proposed land use.
5 RESOLUTION NO. 2023-045-D/ERC
Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed.

Finding of Fact: The proposed project will consist of the construction of one new speculative business park/service commercial building and related improvements on two (2) parcels. Proposed Building A will be centered on Lot 31 and Lot 32, which consists of 1.30 acres. Building B proposes a total of 17,586 sf which is inclusive of a 1,286 square foot mezzanine with an entry that faces Hardt Street. The building will be accessible via two 26-foot access drives which will be provided via Hardt Street. Building A and B will share the second access drive off Hardt Street. The proposed building will have 43 associated parking spaces, including ADA parking, clean air vehicle spaces, bicycle parking, and landscaping throughout the site. There is also a truck well (loading space) that is proposed to the rear of the building. The project aims to use Assembly Bill 2097 which was approved in September 2022 to reduce the number of parking spaces that are required as the site is located within ½ mile of public transit as defined by the bill. The project includes a landscaped setback along Hardt Street as well as additional landscaping on the northern and western portion of the site.

Finding of Fact: The proposed use is similar in nature and operating characteristics to the existing uses in the surrounding area. Therefore, the design of the project, in conjunction with the recommended Conditions of Approval and Mitigation Measures contained within the Mitigation Monitoring and Reporting Program, 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 contrary to the public interest, health, safety, convenience or welfare of the City. The location, size, design, and character of the proposed levelopment will enhance the neighborhood to the benefit of the public interest and general welfare of the City
6 RESOLUTION NO. 2023-045-D/ERC
SECTION 3. CONDITIONS OF APPROVAL:

The approval of Development Permit Type-D 21-19 shall be subject to the following Conditions of Approval:

1. This approval is to allow the development and establishment of a service commercial building (Building "B") containing approximately 17,586 along with the construction of the required on-site and off-site improvements square feet on a project site comprised of two (2) parcels containing a total of approximately 1.30 acres within the Commercial Regional-3 (CR-3) zone, located at APNs: 0281-311-06 and 0281-311-07 on the north side of E. Brier Drive East of Tippecanoe Avenue, South of the BNSF Railroad and East of S Gifford Avenue within the Commercial Regional (CR-3) zone, Ward 3

However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval.

EXPIRATION DATE: February 14, 2026

4. The review authority may, upon application being filed thirty (30) days prior to the expiration date of Development Permit Type-D 21-19 and for good cause, grant a time extension not to exceed twelve (12) months. The review authority shall ensure that the project complies with all current Development Code provisions.

5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards, or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives, and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. 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. 7 RESOLUTION NO. 2023-045-D/ERC

6. 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.

8. Any proposed fencing with roll away gate shall provide access by means of gate key, code, or remote.

12. Service and associated truck storage areas shall be completely screened from public view.

13. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets and alleys.

14. The premises shall always be kept in a neat and orderly condition.

15. Schedule all grading activities to ensure that repeated grading will not be required, and that implementation of the desired land use (eg. planting, paving or construction) will occur as soon as possible after grading.

18. All conditions of the Public Works Department shall be met to the satisfaction of the City Engineer.

20. 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.

22. All Landscaping shall comply with the provisions set forth in Section 19.28 of the City of San Bernardino Development Code.

26. No use shall emit any obnoxious odor or fumes.

27. Any equipment, whether on the roof, side of structure, or ground, shall be screened. The 9 RESOLUTION NO. 2023-045-D/ERC

28. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant must submit an application for approval by the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained.

29. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am.

No construction vehicles, equipment, or employees may be delivered to, or arrive at, the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may only occur Monday through Friday.

31. Submittal requirements for permit applications with the Building and Safety Division shall include all Conditions of Approval issued with this approval, printed on the plan

32. No final Certificate of Occupancy will be issued until all conditions of approval have been completed.

33. This is a service commercial building, and all land uses shall be as such. All land uses shall adhere to the standards for the Commercial Regional-3 (CR-3) zone found within Chapter 19.06 Table 06.01 (Commercial Zones list of Permitted, Development Permitted, and Conditionally Permitted Uses) Page 5 of the City of San Bernardino Development Consolidated Public Works Division

A CD copy of the approved WQMP is required prior to grading permit issuance. 10 RESOLUTION NO. 2023-045-D/ERC
e. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD copy of the approved SWPPP shall be submitted to City prior to grading permit issuance. f. A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. g. The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon.

35. 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. All existing fencing and walls shall be shown and detailed on the on-site improvement plan.
c. Adequate lighting shall be provided for the Easterly and Southerly portion of the project site.
d. 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.
e. The site shall be paved with either ACC or PCC (Asphalt or Concrete). f. The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with modification to provide ADA access. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. 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. The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee, Planning Commission or City Council.
11 RESOLUTION NO. 2023-045-D/ERC
g. Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. 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. 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.
i. 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. j. 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 are located adjacent thereto except for areas where truck doors, pedestrian doors, planters, and enclosure exist. 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. 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 or decorative precast concrete with architectural features acceptable to the City Planner.
designee. The owner or owner's agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee, however, the fencing is only required if necessary. m. 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. n. 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 12 RESOLUTION NO. 2023-045-D/ERC
o. Prior to permit issuance a copy of the reciprocal access easement shall be submitted to Land Development. The reciprocal access agreement shall be approved and recorded for those properties affected prior to obtaining a Certificate of Occupancy.
p. 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 www.sbcity.org- Departments - Public Works - Submittal Requirements for submittal requirements.

9. The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking.
i. Prior to occupancy of any building, the developer shall post a bond to guarantee the maintenance and survival of project landscaping for a period of one year. s. 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.
t. A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan.
u. 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.

36. Utilities
a. Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream utility access hole. b. This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings.
13 RESOLUTION NO. 2023-045-D/ERC
Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if Deviced be rode Section 19 Doudo phoensubdisions ordern 1930.10 (subdivisions).
d. 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.

Street Name Right of Wav(ft.) Curb Line(ft)
From Centerline From Centerline
Hardt Street 27.5' Existing 22'+ Existing
(281-311-06, 281-311-07) 2.5' Dedication for a total None-Proposed per General ½ width of 30' Plan
"Local Continuous"
b. Hardt Street- T. I=7.5:
• i. The half width of the street along the project's frontage 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 standard for new streets (4" AC over 8" Base) except truck usage where the specified land use is warehouse (9"AC over 12" Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used.
ii. The existing curb & gutter panels are in fair condition, if any curb & gutter panels are lifted, cracked, each of the panels shall be replaced per city standards.

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.
iv. When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb and Gutter per City Standard No. 200, type "B".

V. When Replacing or reconstructing Sidewalk panels, Construct Sidewalk per City Standard No. 202; Case "A" (6' wide adjacent to curb). 14 RESOLUTION NO. 2023-045-D/ERC
vi. Driveways in Commercial, Industrial, or multi-Family units, no gates shall be placed closer or impede 40' from back of sidewalk, as directed by the Traffic Engineer
vii. Remove existing driveways that are not being used under the project plans and replace with Curb Gutter and Sidewalk per city Standards. vili. When Striping, use only thermoplastic paint per Section 84 of Caltrans Specifications.
ix. For existing streetlights, Install Solar LED Street Light Heads in accordance with City Standards. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in the Improvement set in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Supply one (1) additional head for each solar head installed, As Directed by the City Appropriate permits from the County of San Bernardino and any other iurisdiction shall be required when adjacent, over, or under any of the Municipalities.
xi. Install 2-3" Conduit 36" under the sidewalk with pull rope and pull boxes for future Traffic connections.
xii. No Truck Parking will be allowed on Hardt Street, install/replace signs per city standards.
xiii. 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 DERC Approval these conditions shall be reviewed and updated as needed.
c. 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.

A Temporary construction encroachment permit from Public Works Department Public Works Department satisfaction.

RESOLUTION NO. 2023-045-D/ERC
e. Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. . The applicant must post a performance bond prior to issuance of the off-site ermit. The amount of the bond is to be determined by Public Works Department g. The above conditions shall comply with current codes, policies, and standards at time of construction.
h. No Direct Connections to underground Storm Drain Systems or Catch Basins. i. Prior to Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works.
j. All off-site improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided.
k. After completion of plan checking, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval.

38. Required Engineering Plans
a. A complete submittal for plan check shall consist of • Street improvement plans (may include streetlights or street lighting may be separate plan).
• Sewer plans (private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile submitted to

SBMWD),
Storm drain plans (private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile),
• Off-site improvement plans
• Traffic control and ROW Permits
• Signing and stripping plan (may be on sheets included in street improvement plan,
• 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 into on-site improvement plan), • On-site improvement plan and on-site landscaping and irrigation, 16 RESOLUTION NO. 2023-045-D/ERC
• Water plans (shall be submitted to san Bernardino Municipal Water Department),
• Other plans as required, piece mill of plans of various types will not be accepted.
• All required calculations, studies and reports must be included in the initial submittal (including but not limited to, soils report, drainage studies, or structural calculations).
b. All off-site improvement submitted for plan check shall be prepared on the City standard 24" x 36" sheets with a signature block satisfactory to the City Engineer and/or Building Official approval.
c. After completion of the plan checking process, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the city Engineer and/or Building Official for approval.
d. Copies of the Cities design policies, procedures, and standard drawings are available on the cities website at http://www. Sbcity.org no charge or via the front counter at the Public Works Department for a nominal fee.

All Public Works offsite Mitigation Monitoring and Reporting Program items shall be shown with the Conditions of Approval on the last pages of Public Works Offsite Plans.
f. All roadway design, traffic signing and striping, traffic signal, street lighting, and traffic control improvements relating to the proposed project should be constructed in accordance with the applicable engineering standards and to the satisfaction of the City of San Bernardino Traffic Engineering Division. g. In conjunction with standard City of San Bernardino development review procedure, on site traffic signing, and striping plans should be prepared in accordance with the applicable State and Federal standards.

42. 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 8/1/23 identifies the development and establishment of a service commercial building (Building B). The project site is located on the north side of E. Hardt Street, west of Tippecanoe Avenue.
c. Burrtec Waste Comments:

Project Description: Construct a 17,586 square foot industrial building.

Based upon the information provided, the project meets or exceeds Burrtec's minimum requirements for trash enclosure size, location, and accessibility.

Burrtec's review of this project is limited to determining whether it meets Burrtec's minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards 18 RESOLUTION NO. 2023-045-D/ERC
as they relate to our equipment and personnel and do not pertain to the project's compliance with applicable federal, state, and local land use and environmental laws, building codes or other applicable government regulations. Any approvals by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project.

End of Burrtec Waste Comments.
d. The Site Plan identifies two trash enclosures located on the north and west sides of the building. They are served by a looped driveway with a minimum width of 26 feet. Enclosure details are provided on Sheet DD1.1. Based upon the information provided, the project meets or exceeds Burrtec's minimum requirements. Burrtec will therefore provide the project with standard commercial collection services for trash and mixed recyclables. In the event that any tenant is involved with the production or distribution of food products, they will be required to participate in a food waste recycling program per Assembly Bill 1826.

Refuse enclosures must meet or exceed City Standard Plan 508 Refuse Enclosure 8'-0"x 15'-0" clear interior dimensions for the container storage area, unless a potential tenant/business is involved in the production, manufacture, distribution, or sale of food products.
f. If a potential tenant/business 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, enlarge (modify) the refuse enclosures interior dimensions to accommodate the following:

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) 19 RESOLUTION NO. 2023-045-D/ERC
k. 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.

The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burtec Waste's Truck Turning Radius template may be obtained from the Public Works Department in PDF and CAD.
m. 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. n. Hammerhead Turnarounds shall meet or exceed San Bernardino County Fire detail may be obtained from the City Public Works Department. o. Tenants/Businesses involved in the production, manufacture, distribution, or sale of food products shall participate in a food waste recycling program per Assembly Bill 1826. This will require additional containers) for food waste. p. As specific tenant(s) have not been identified, consideration should also be given to future tenants) waste and recycling needs. These may include trash compactors, cardboard balers, and roll-off boxes. If the building is used for the production, manufacture, distribution, or sale of food products, the tenants) shall participate in a food waste recycling program per Assembly Bill 1826. q. If gated, access shall be provided by means of a key, code, or remote. r. Assembly Bill 341 Mandatory Commercial Recycling may apply. s. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. t. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. u. 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.
20 RESOLUTION NO. 2023-045-D/ERC
Building and Safety Division

43. After the public hearing appeal period ends, applicant shall submit construction plans to the Building and Safety Division for plan check in order to obtain the required building permits.

44. The project shall comply with the California Building Codes as adopted and amended by the City of San Bernardino Municipal Code, Title 15.3.

46. The construction drawings require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect.

47. The project shall comply with state and federal disabled access requirements.

Consolidated County of San Bernardino Fire District

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

51. Fire Condition Letters shall expire on the date determined by the Planning Division or Building and Safety.

The contractor shall submit plans showing type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal. 21 RESOLUTION NO. 2023-045-D/ERC

The required fees shall be paid at the time of plan submittal.

55. A manual, automatic or manual and automatic fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required. The applicant shall hire a licensed fire alarm contractor. The fire alarm contractor shall submit detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

56. Permission to occupy or use the building (Certification of Occupancy or Shell Release) will not be granted until the Fire Department inspects, approves, and signs off on the Building and Safety job card for "fire final".

57. Building Plans shall be submitted to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

58. Prior to combustibles being placed on the project site an approved all-weather fire apparatus access surface and operable fire hydrants with acceptable fire flow shall be installed. The topcoat of asphalt does not have to be installed until final inspection and occupancy.

59. Combustible vegetation shall be removed as follows: a. Where the average slope of the site is less than 15% -Combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less. b. Where the average slope of the site is 15% or greater - Combustible vegetation shall be removed a minimum one hundred (100) feet from all structures or to the property line, whichever is less. The development shall have a minimum of one points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys, and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. b. Multi-Story Road Access Width.

60. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. (County Ordinance #3586.

61. An approved spark arrestor is required. Every chimney that is used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel are used, shall have an approved spark arrestor visible from the ground that is maintained in conformance with the California Fire Code.
22 RESOLUTION NO. 2023-045-D/ERC

62. Fire access roadways shall not exceed a maximum of twelve (12%) percent grade at any point. Fire access roadways or driveways may be increased to fourteen (14%) percent grade for a distance not to exceed five hundred (500) feet. Fire access roadways providing access to no more than two (2) one or two-family dwellings may be increased to a maximum of sixteen (16%) percent grade not to exceed five hundred (500) feet.

63. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Road surface shall meet the approval of the Fire Chief prior to installation.

All roads shall be designed to 85% compaction and/or paving and hold the weight of Fire apparatus at a minimum of 80K pounds.

64. Prior to building permits being issued to any new structure, the primary access road shall be paved or on an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance, and turnouts.

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

66. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan.

67. This project requires an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street corner to the project. Installation of the temporary sign shall be prior to any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed.

68. Prior to any land disturbance the water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using California Fire Code. The Fire Flow for this project shall be: 1,750 GPM for a Two-hour duration at 20 psi residual operating pressure. Fire Flow is based on a 16,514 sqrft. structure.

69. A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. Fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured along vehicular travel-ways) and no more than three hundred (300) feet from any portion of a structure.

70. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements.

Fire flow water supply shall be in place prior to placing combustible materials on the job site.
23 RESOLUTION NO. 2023-045-D/ERC

71. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. The "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan.

72. An approved Fire Department key box is required. In commercial, industrial, and multi- family complexes, all swing gates shall have an approved fire department Lock (Knox ®).

73. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs, or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road.

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

75. Above Ground Storage Tank plans shall be submitted to the San Bernardino County Fire Department for review and approval prior to any installation on-site. The required Fees shall be paid at time of plan submittal.

76. The applicant shall install Fire Department approved material identification placards on the outside of all buildings and/or storage tanks that store or plan to store hazardous or flammable materials in all locations deemed appropriate by the Fire Department.

77. Commercial and industrial developments of 100,000 sqrft or less shall have the street address installed on the building with numbers that are a minimum eight (8) inches in height and with a one (1) inch stroke. The street address shall be visible from the street.

78. The applicant shall contact the San Bernardino County Fire Department/Hazardous Materials Division (909) 386-8401 for review and approval of building plans, where the planned use of such buildings will or may use hazardous materials or generate hazardous waste materials.

79. Permission to occupy or use the building (certificate of Occupancy or shell release) will not be granted until the Fire Department inspects, approves, and signs off on the Building and Safety job card for "fire final".
24 RESOLUTION NO. 2023-045-D/ERC

80. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein "Fire Department". Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable status, codes, ordinances, and standards of the Fire Department.

81. Construction permits shall automatically expire and become invalid unless the work authorized such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Suspension or abandonment shall mean that no inspection by the Department has occurred within 180 days of any previous inspection.

82. After a construction permit becomes invalid and before such previously approved work recommences, a new permit shall be first obtained and the fee to recommence work shall be one-half the fee for the new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year.

83. A request to extend any permit may be made in writing PRIOR TO the expiration date justifying the reason that the permit should be extended.

84. Roadways exceeding one hundred fifty (150) feet in length shall be approved by the Fire Department.

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

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

87. In addition to the Fire requirements stated herein, other onsite and off-site improvements may be required which cannot be determined at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office.

88. Any changes to this proposal shall require new Fire Department condition letter:
25 RESOLUTION NO. 2023-045-D/ERC
SECTION 4. DEVELOPMENT AND ENVIRONMENTAL REVIEW

SECTION 6. CUSTODIAN OF RECORDS.

PASSED, APPROVED AND ADOPTED this 14"h day of February 2024.

For
Mary Lanier, Acting Chair
San Bernardino Development/
Environmental Review Committee
ATTEST:
aiML
Jennifer Meamber, D/ERC Secretary
City of San Bernardino, California
26 RESOLUTION NO. 2023-045-D/ERC
CERTIFICATION:

I, Jennifer Meamber, Recording Secretary of the Development and Environmental Review Committee of the City of San Bernardino, California, do hereby certify that the foregoin lesolution. No. 2023-045 was duly adopted by the Development and Environmental Reviev Committee of the City of San Bernardino, California, at a regular meeting thereof held on the 14* day of February 2024, by the following vote, to wit:

AYES: Marrinan, Bishara, Jabsheh, Lindberg, Castro, Sepulveda, Markloff NOES: None
ABSENT: None
ABSTAIN: None
Dilin
Jennifer Meamber, Recording Secretary
City of San Bernardino, California
27 RESOLUTION NO. 2023-045-D/ERC
EXHIBIT "A"
Approved Plans
27 OWNER LEGAL DESCRIPTION
KENNETH D.SMITH

SITE INFORMATION
TAt OF DEVELOPINE:

SITE

PARKING TABULATION

SITE LEGEND

VICINITY MAP
-m — - -
anot-acas
MOCT

ACCESSIBLE PATH OF TRAVEL

BUILDING B

PROJECT SCOPE
LOT 32
NEW SHELL BUILDING '8' Hardt & Brier Business Park LOTS 31 & 32 SAN BERNARDINO, CA porouddy DO SHEET MAST
D01.: SITE DETAILS
* Devon

REVATIONS
SITE project:

PLAN
DD1.0

SAN BERNARDINO, CA
LOTS 31 & 32 DD1.1
KENNETH D. SMTH Pavilon Betedule • Date biciledon Hardt & Brier Business Park ARCHITECT NEW SHELL BUILDING '8' project:
- T REVEAL - CONCRETE TYPICAL SCREENING WALL
17-0

PARKERO
15 - 10

KITCHMAMA SECTION

ELEVATIONS
ID UPEG VIEW paradov
1240023 104346 AM DiVAn Say deton 18017 Hm Send Wing ema CA/s areal LENYUTM D. SMIT
ГЕШЕРНОНЕ
101
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Revtiso Dehadale
• Dera DRecripcion
Gommuniy & Economic Development Dept. Planing Diweion 4/1/24) of San Bernardino Date: SQUARE FOOTAGE FIRST
Name Area iDalod
FLOOR
183003F1
SECOND FLOOR 1,288 8F PLAN

BULONO B
17,508 OF DD2.1
0x29/ 13011207) Restion Schadle Des Desertpaion DD2.2
Acos Hardt & Brier Business Park

1. 68 44 219

ROOF PLAN
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DD-EAST-B
18-1:05
NEW SHELL BUILDING 'B' Hardt & Brier Business Park LOTS 31 & 32 SAN BERNARDINO, CA игир

YOUR STORE
project

DD-SOUTH- B
15= 1or DD2.3

SAN BERNARDINO, CA
2881551 DD2.4
Revision Sahebte Hardt & Brier Business Park
EXTERIOR PAINT : SALTIE BRSAKALAND MAT TO KATON @ AN HES WANT CENT

DD-WEST- B DD-NORTH- B
15-15
1755=1405

L METAL PERSONNEL DOCK

BOLLARDOO BOUNDA
otopment Dept.

City of San among bygon 21 Ma
Communtty & Economic De approved Date:

RESOLUTION NO. 2023-045-D/ERC
EXHIBIT "B"
Environmental Determination
Mitigation and Monitoring Reporting Program
28 Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Mitigation Monitoring and Reporting Program
Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Mitigated Negative Declaration has been certified which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, to adopt a "...reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment" (CEQA, Public Resources Code Sections 21081, 21081.6).

A Mitigation Monitoring and Reporting Program (MMP) is required to ensure that adopted mitigation measures are successfully implemented for the Hardt and Brier Business Park Project (Project). The City of San Bernardino is the Lead Agency for the project and is responsible for implementation of the MMRP. This report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP.

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project This page intentionally left blank.
2 Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project TABLE I: MITIGATION MONITORING AND REPORTING PROGRAM
Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials

AIR QUALITY
PPP AQ-1: Rule 402. The Project is required to comply with the provisions of in construction plans and Department of Building South Coast Air Quality Management District (SCAQMD) Rule 402. The Project specifications. During and Safety. shall not discharge from any source whatsoever such quantitles of air Project operation. Prior contaminants or other material which cause injury, detriment, nuisance, or to grading and building annoyance to any considerable number of persons or to the public, or which permits. endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.

Includes the following: building permits.
• All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
• The contractor shall ensure that all disturbed unpared roads and disturbed areas within the project are watered, with complete coverage of disturbed areas, at least 3 times daily during dry weather; preferably in the mid-morning, afternoon, and after work is done for the day.

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less.

VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.

BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: Nesting Bird Survey. Vegetation removal should Conduct take avoldance Qualified biologist and occur outside of the nesting bird season (generally between February 1 and surveys for nesting birds if City of San Bernardino September 15). If vegetation removal is required during the nesting bird vegetation removal occurs Planning Division. season, the applicant must conduct take avoidance surveys for nesting birds during nesting bird prior to initiating vegetation removal/clearing. Surveys will be conducted by season. Submittal of pre- a qualified biologists) within three days of vegetation removal. If active nests activity nesting bird field are observed, a qualified biologist will determine appropriate minimum survey results report disturbance buffers and other adaptive mitigation techniques (e.g., biological (during Feb 1 - Aug 31). monitoring of active nests during construction-related activities, staggered Three days prior to schedules, etc.) to ensure that impacts to nesting birds are avoided until the initiating vegetation nest is no longer active. At a minimum, construction activities will stay outside removal/clearing. of a 300-foot buffer around the active nests. For raptor species, the buffer is to be expanded to 500 feet. The approved buffer zone shall be marked in the field with construction fencing, within. which no vegetation clearing or ground disturbance shall commence until the qualified biologist and Ciry of San Bernardino Planning Division verify that the nests are no longer occupied, and the juvenile birds can survive independently from the nests. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, normal construction activities may occur.

Mitigation Measure BIO-2: Nesting Bird Buffer. If nesting birds are Establish an avoidance Qualified biologist and encountered, a qualified biologist must establish an avoidance buffer zone buffer zone around nests, City of San Bernardino around the nest (buffer zones vary according to species involved and shall be if identified through Planning Division determined by the qualified biologist. No activities that would adversely Mitigation Measure BIO- affect the nest shall occur within the buffer zone until the qualified biologist 1. Prior to and during construction activities.

CULTURAL RESOURCES
PPP CUL-1: Human Remains. Should human remains or funerary objects be in construction plans and County Coroner and discovered during project construction, the project would be required to specifications. During City of San Bernardino comply with State Health and Safety Code Section 7050.5, which states that construction activities. Planning Division no further disturbance may occur in the vicinity of the body (within a 100-foot Compliance with State buffer of the find) until the County Coroner has made a determination of origin Health and Safety and disposition pursuant to Public Resources Code Section 5097.98. The Code Section 7050.5 County Coroner must be notified of the find immediately. If the remains are and 5097.98. Notify determined to be prehistoric, the Coroner will notify the Native American NAHC and MLD.

Heritage Commission, which will determine the identity of and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may Inspect the site of the discovery. The MLD must complete the inspection within 48 hours of being granted access to

13.54. The SWPPP shall incorporate all necessary Best Management Practices permits. (BMPs) and other City requirements to comply with the National Pollutant Discharge Elimination System (NPDES) requirements to limit the potential of polluted runoff during construction activities. Project contractors shall be required to ensure compllance with the SWPPP and permit periodic inspection of the construction site by City of San Bernardino staff or its designee to confirm compliance.

PPP WQ-2: WQMP. Prior to grading permit issuance, the project developer In construction plans and City of San Bernardino shall have a Water Quality Management Plan (WQMP) approved by the City specifications. Prior to Planning Division for implementation. The project shall comply with the City's Municipal Code grading and building Section 13.54 and the Municipal Separate Storm Sewer System (MS4) permit permits. requirements in effect for the Regional Water Quality Control Board Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials (RWQCB) at the time of grading permit to control discharges of sediments and other pollutants during operations of the Project.

HYDROLOGY AND WATER QUALITY
PPP WQ-1: SWPPP. As described above. As described above. As described above.

PPP WQ-2: WQMP. As described above. As described above. As described above.

HAZARDS AND HAZARDOUS MATERIALS
Mitigation Measure HAZ-I: Disposal of Illegally Dumped Materials. The Disposal of all illegally City of San Bernardino Project applicant is responsible for ensuring the proper disposal of any and dumped materials Planning Division all Illegally dumped materials currently on the Project site, in compliance with currently on the Project the City of San Bernardino Municipal Code Chapter 8.24. Proper disposal of site. Prior to start of all illegally dumped materlals onsite must be completed before any construction activities. construction activities begin. Signs or fences shall be installed onsite to assist in preventing future onsite dumping of potentially hazardous materials prior to

TRIBAL CULTURAL RESOURCES
Mitigation Measure TCR-I: Retain a Native American Monitor Prior to In construction plans and City of San Bernardino Commencement of Ground-Disturbing Activities. specifications. Retain a Planning Division and A. The project applicant/lead agency shall retain a Native American Monitor Native American Monitor Native American Monitor. from or approved by the Gabrieleño Band of Mission Indians - Kizh Nation. from or approved by the The monitor shall be retained prior to the commencement of any "ground- Gabrieleño Band of disturbing activity" for the subject project at all project locations (i.e., both on- Mission Indians - Kizh site and any off-site locations that are included in the project Nation. Prior to the description/definition and/or required in connection with the project, such as commencement of any public improvement work). "Ground-disturbing activity" shall include, but is not ground-disturbing activity limited to, demolition, pavement removal, potholing, auguring, grubbing, tree or the issuance of any removal, boring, grading, excavation, drilling, and trenching. permit necessary to B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials activity, or the issuance of any permit necessary to commence a ground- commence a ground- disturbing activity. disturbing activity.

C. The monitor will complete daily monitoring logs that will provide descriptions On-site tribal monitoring of the relevant ground-disturbing activities, the type of construction activities during ground-disturbing performed, locations of ground-disturbing activities, soil types, cultural-related activities. materials, and any other facts, conditions, materials, or discoverles of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, Including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TR"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.

Mitigation Measure TCR-2: Unanticipated Discovery of Tribal Cultural In construction plans and Qualified Professional Resource Objects (Non-Funerary/Non-Ceremonial). Upon discovery of any specifications. Upon Archeologist / City of San TCRs, all construction activities in the immediate vicinity of the discovery shall discovery of any TCRs halt Bernardino Planning cease (l.e., not less than the surrounding 50 feet) and shall not resume until the construction activities until Division. discovered TCR has been fully assessed by the Kizh monitor and/or Kizh resources are assessed archaeologist. The Kizh will recover and retain all discovered TCRs in the form and retained by Kizh and/or manner the Tribe deems appropriate, in the Tribe's sole discretion, and Nation. for any purpose the Tribe deems appropriate, Including for educational, cultural and/or historic purposes.
and Alsoried Funerary or Caremonial oberovary of Human Remains In construction plans and Qualified Professional specifications. Upon Archeologist/ City of San
discovery of human
As described above. As described above. PPP WQ-1: WQMP. As described above.

TRIBAL CULTURAL RESOURCES
As described above. As described above. PPP CUL-1: Human Remains. As described above. prevent further disturbance.

E. Any discovery of human remains/burial goods shall be kept confidential to for discovered human remains and/or burial goods.

D. Preservation in place (i.e., avoidance) is the preferred manner of treatment California Public Resources Code section 5097.98(d)(1) and (2).

C. Human remains and grave/burial goods shall be treated alike per Health and Safery Code Section 7050.5 shall be followed. recognized on the project site, then Public Resource Code 5097.9 as well as B. If Native American human remains and/or grave goods are discovered or Section 7050.5.

Health and Safety Code
Code 5097.9 as well as Resources Code Section 5097.98, are also to be treated according to this follow Public Resource completeness. Funerary objects, called associated grave goods in Public Division. construction activities, inhumation or cremation, and in any state of decomposition or skeletal Bernardino Planning remains during A. Native American human remains are defined in PRC 5097.98 (d)(1) as an and Initials Verification Action and Timing Mitigation Measures Date Completed Ensuring Compliance /
Responsible for
Hardt and Brler Business Park Project City of San Bernadino Mitigated Negative Declaration
PERNARDINO Public Hearing: Agenda Item No. 5c
City of San Bernardino
SOUNDED TA RAD Request for D/ERC Action
Date: February 14, 2024
To: Development and Environmental Review Committee
From: Michael Rosales, Senior Planner
Subject: Development Permit Type-D 21-20
Request: Development Permit Type-D 21-20 A request to allow the development and establishment of a service commercial building (Building "C") containing approximately 18,323 square feet on a project site comprised of two (2) parcels located on the north side of E. Brier Drive west of S. Tippecanoe Avenue, South of the BNSF Railroad and East of S Gifford Avenue, Ward 3.

APN: 0281-311-11 and 0281-311-12
Lot Area: 1.24 acres
Zone: Commercial Regional (CR-3) zone
Recommendation
Staff recommends that the Development and Environmental Review Committee adopt Resolution No. 2023-046 adopting the Categorical Exemption under the California Environmental Quality Act; and approving Development Permit Type-D 21-20, based on the Findings of Fact and subject to the recommended Conditions of Approval.

Attachments: Attachment A: Resolution 2023-046
Exhibit "A" Approved Site Plans
Exhibit "B" MMRP's
RESOLUTION NO. 2023-046-D/ERC
RESOLUTION NO. 2023-046 - D/ERC

A RESOLUTION OF THE DEVELOPMENT AND

ENVIRONMENTAL REVIEW COMMITTEE OF THE CITY

OF SAN BERNARDINO CALIFORNIA, APPROVING
DEVELOPMENT PERMIT TYPE-D 21-20 FOR THE

DEVELOPMENT AND ESTABLISHMENT OF A SERVICE
COMMERCIAL BUILDING (BUILDING "C"") CONTAINING
APPROXIMATELY 18,323 SQUARE FEET ON A PROJECT
SITE COMPRISED OF TWO (2) PARCELS CONTAINING A
TOTAL OF APPROXIMATELY 1.24 ACRES, LOCATED AT
APNS:0281-311-11 AND 0281-311-12, NORTH OF E. BRIER
DRIVE, WEST OF S. TIPPECANOE AVENUE, SOUTH OF

THE BNSF RAILROAD, AND EAST OF S GIFFORD
AVENUE WITHIN THE COMMERCIAL REGIONAL-3 (CR-
3) ZONE, WARD 3, AND ADOPTING THE MITIGATED

NEGATIVE DECLARATION, UNDER THE CALIFORNIA
ENVIRONMENTAL QUAILITY ACT.

WHEREAS, on October 18, 2021 pursuant to the requirements of Section 19.44.020 (Administrative and Development Permits) of the City of San Bernardino Development Code, an application for Development Permit Type-D 21-20 was duly submitted by Property Owner: Michael D Gay Separate Property Trust
9747 Business park Avenue Ste 222
San Diego, CA 92131
Applicant: Hamann Construction
1000 Pioneer Way
El Cajon, CA 92020
APN: 0281-311-11 and 0281-311-12
Lot Area: 1.24 acres
WHEREAS, pursuant to Section 19.06.20 (Commercial Zones List of Permitted, Development Permitted, and Conditionally Permitted Uses and Section 19.00.050 (Development Standards) of the City of San Bernardino Development Code, Development Permit Type-D 21-20 is a request to allow the development and establishment of a service commercial building (Building "C"') containing approximately 18,323 square feet on a project site comprised of two (2) parcels containing a total of approximately 1.24 acres, located at APNs:
281-311-11 and 0281-311-12 on the north side of E. Brier Drive west of S. Tippecanoe Avenue 'outh of the BNSF Railroad and East of S Gifford Avenue within the Commercial Regiona (CR-3) zone, Ward 3;
WHEREAS, the Planning Division of the Community Development Department has reviewed Development Permit Type-D 21-20 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; RESOLUTION NO. 2023-046-D/ERC
WHEREAS, pursuant to requirements of Section 15063 of the California Environmental Quality Act (CEQA), the Planning Division of the Community and Economic Development Department accepted the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared by E.P.D. Solutions, Inc. on behalf of and submitted by the applicant (Michael D Gay Separate Property Trust) for Development Permit Type-D 21-20;
WHEREAS, on November 1, 2023, pursuant to requirements of Section 15072 and Section 15073 of the California Environmental Quality Act, the Planning Division of the Community and economic Development 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 Permit Type-D 21- 20;
WHEREAS, during the required twenty (20) day public review period on the Initial Study/Mitigated Negative Declaration for Development Permit Type-D 21-20, comment letters were submitted by: LiUNA and Marven Norman of the Inland Urbanist; WHEREAS, on November 27, 2023 the Planning Division of the Community and Economic Development Department received the final Initial Study/Mitigated Negative Declaration from E.P.D. Solutions Inc. on behalf of Hamann Construction responding to the comments submitted regarding the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for Development Permit Type-D 21-20; WHEREAS, on December 2, 2023, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals-Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the property owners and occupants/tenants within 1,000 feet of the subject property of the holding of a public hearing at which the Initial Study/Mitigated Negative Declaration and Development Permit Type-D 21-20 would be considered;
WHEREAS, on December 13, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Development and Environmental Review Committee held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Environmental Determination and Development Permit Type-D 21-20, and at which meeting the Development and Environmental Review Committee considered the Initial Study/Mitigated Negative Declaration and Development Permit Type-D 21-20; WHEREAS, at the duly noticed public hearing of the Development and Environmental Review Committee on December 13, 2023 a comment letter was submitted by Lozeau and Drury LLP on behalf of "SAFER" expressing concerns on the validity of the Mitigated Negative Declaration that was prepared by E.P.D Environmental Consultants for Development Permit Type-D 21-20;
2 RESOLUTION NO. 2023-046-D/ERC
WHEREAS, at the duly noticed public hearing of the Development and Environmental Review Committee on December 13, 2023 no formal action was taken and Development Permit Type-D 21-20 was moved to the January 10, 2024 Development and Environmental Review Committee meeting for final action;
WHEREAS, at the duly noticed public hearing of the Development and Environmental Review Committee on January 10, 2024, and at the request of the applicant, no formal action was taken for Development Permit Type-D 21-20 and the item was motioned to move to the D/ERC meeting of February 14, 2024 for final action; and WHEREAS, pursuant to the requirements of Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Development and Environmental Review Committee has the authority to take action on the Initial Study/Mitigated Negative Declaration and Development Permit Type-D 21-20.

NOW THEREFORE, the Development and Environmental Review Committee of the City of San Bernardino does hereby resolve, determine, find, and order as follows:

SECTION 1. ENVIRONMENTAL DETERMINATION:

As the decision-making body for the project, the Development and Environmental Review Committee has independently reviewed and considered the entire record before it, including the information contained in the Initial Study/Mitigated Negative Declaration prepared for the project Development Permit Type-D 21-20. The Development and Environmental Review Committee herby certifies that the Initial Study/Mitigated Negative Declaration has been completed in compliance with the requirements of CEQA and the Guidelines tor the Implementation of the CEQA (California Code Regulations, Title 14, Section 15000 et seq.) ("State CEQA Guidelines") and reflects the independent judgement and analysis of the City.

Based upon the Mitigated Negative Declaration, all comments and testimony received pertaining to, and the entirety of the record before it, the Development and Environmental Review Committee herby finds and determines that there is no substantial evidence supporting a fair argument that the approval of Development Permit Type-D 21-20 will result in a significant effect on the environment. Based on the findings made herein and its independent judgement and analysis, the Development and Environmental Review Committee hereby adopts the Mitigated Negative Declaration for Development Permit Type-D 21-20.

SECTION 2. FINDINGS FOR DEVELOPMENT PERMIT TYPE-D 21-20:

Finding No. 1: The proposed development is one permitted within the subject zoning district and complies with all of the applicable provisions of the Development Code, including prescribed development/site standards and any/all applicable design guidelines;
3 RESOLUTION NO. 2023-046-D/ERC
Finding of Fact: Pursuant to Section 19.06.020 of the City of San Bernardino Development Code, commercial buildings are permitted within the Commercia Regional-3 (CR-3) zone subject to approval of a Development Permit witl Finding No. 2: The proposed development is consistent with the General Plan.

Finding of Fact: General Plan Land Use Policy 2.4 actively seeks to "Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development". General Plan Goal 4.1.1 "Encourages economic activity that proactively seeks out and eit and a ca
(evident containabl me of ly 18,2 square an a pront
ite comprised of two (2) parcels containing a total of approximately 1.2 cres along with the construction of the required on-site and off-sit improvements would allot employment for San Bernardino residents and Additionally, the proposed project is permitted within the Commercial designation set forth by the General Plan Land Use Map.

Finding No. 3
Finding of Fact: The proposed development and establishment of a service commercial building (Building "C") containing approximately 18,323 square feet on a project site comprised of two (2) parcels containing a total of approximately 1.24 acres along with the construction of the required on- site and off-site improvements would be harmonious and compatible with existing and future developments within the Commercial Regional-3 (CR- 3) zone and the surrounding area.
4 RESOLUTION NO. 2023-046-D/ERC
The scale and density of the proposed development is similar to that of the existing commercial development in the area and it conforms to the development standards of the commercial zone. Since the proposal is consistent with both the General Plan and Development Code, no land use conflict is expected to result from construction of the proposed commercial building.

Finding No. 4 The approval of the Administrative or Development Permit for the roposed development is in compliance with the requirements of th "alifornia Environmental Quality Act and Section 19.20.030(6) of th 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 mpacts) was prepared in connection with Development Permit Type-l 1-20 for the development and establishment of a service commercia uilding (Building "B") containing approximately 18,323 square feet on roiect site comprised of two (2) parcels containing a total o Finding No. 5: significant negative impacts upon
Finding of Fact: In accordance with Section 15074 and Section 15097 of the State Mitigated Negative Declaration with the appropriate Mitigation location and operating characteristics of the proposed project will be consistent with all provisions of the Development Code. The proposed use will be compatible with the existing and future commercial land uses within the surrounding area. The proposal will not create conditions that may be obiectionable or detrimental to other permitted uses in the vicinity as the proposal will be consistent with the Commercial Regional-3 (CR-3) zone. Moreover, the project will provide positive enhancement to the on- site landscaping and parking lot, helping to revitalize the underused property. Therefore, no land use conflict or adverse effects on public health, safety or welfare are anticipated to result from establishment of the Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed.
5 RESOLUTION NO. 2023-046-D/ERC
Finding of Fact: The proposed project will consist of the construction of one new speculative business park/service commercial building and related improvements on two (2) parcels. Proposed Building C will be centered on Lot 24 and Lot 25, which consists of 1.24 acres. Building C proposes a total of 18,323 sf which is inclusive of a 1,275 square foot mezzanine with n entry that faces Hardt Street. The building Will be accessible via two ( 0-foot access drives which will be provided via Hardt Street. Th roposed to the rear of the building. The project aims to use Assembly Bil 2097 which was approved in September 2022 to reduce the number o parking spaces that are required as the site is located within ½ mile o public transit as defined by the bill. The project includes a landscapec northern and western portion of the site.

The approval of Development Permit Type-D 21-20 shall be subject to the following Conditions of Approval:

1. This approval is to allow the development and establishment of a service commercial building (Building "C"') containing approximately 18,323 along with the construction of the required on-site and off-site improvements square feet on a project site comprised of two (2) parcels containing a total of approximately 1.24 acres within the Commercial Regional-3 (CR-3) zone, located at APNs: 0281-311-11 and 0281-311-12 on the north side of E. Brier Drive west of S. Tippecanoe Avenue, South of the BNSF Railroad and East of S Gifford Avenue within the Commercial Regional (CR-3) zone, Ward 3

3. Within two (2) years of the Development Permit approval, commencement of shal haves of tho construction shall have occurred, or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void.

EXPIRATION DATE: February 14, 2026

4. The review authority may, upon application being filed thirty (30) days prior to the expiration date of Development Permit Type-D 21-20 and for good cause, grant a time extension not to exceed twelve (12) months. The review authority shall ensure that the project complies with all current Development Code provisions.

5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards, or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives, and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. 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. 7 RESOLUTION NO. 2023-046-D/ERC

6. Commercial and public parking areas abutting residentially designated property shall have a 6-foot high solid architecturally treated decorative masonry wall approved by the Director. All wall treatments shall occur on both sides.

7. Any proposed fencing with roll away gate shall provide access by means of gate key, code, or remote.

8. Landscaping shall conform to that shown on final submitted landscape plans approved on February 14, 2024. A landscape plan shall be submitted to the Planning Division and the Land Development Division, prior to the issuance of grading permits.

9. All parking areas shall provide 25% permanent shading for parked vehicles. Any reasonable combination of shading methods can be utilized. If trees are used, they may not thereafter be trimmed so as to reduce the effectiveness of their shading ability.

10. The property owners), facility operator and property management will be responsible for regular maintenance of the site. Vandalism, graffiti, trash, and other debris must be removed within 24 hours of being reported.

11. Service and associated truck storage areas shall be completely screened from public view.

12. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets and alleys.

13. The premises shall always be kept in a neat and orderly condition.

14. Schedule all grading activities to ensure that repeated grading will not be required, and that implementation of the desired land use (e.g. planting, paving or construction) will occur as soon as possible after grading.

15. It shall be unlawful for the driver, owner or operator of any commercial vehicle having a manufacturer's Gross Vehicle Weight rating (GVWR) exceeding 10,000 pounds to park, or cause to be parked, except for the immediate loading and unloading of goods, any such vehicle upon any public street, or alley, or on any residentially zoned property, within any residential land use district in the City. This prohibition shall not apply to construction sites during the construction process or to recreational vehicles.

16. No fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 36 inches in height above the nearest street curb elevation shall be erected or placed within a Traffic Safety Sight Area. A Traffic Safety Sight Area is a triangular portion of a lot formed by three distances measured along and/or perpendicular to property lines at the intersection of two street rights-of-way or at intersections of driveways, parking entrances, and alleys with a street right-of-way.

17. All conditions of the Public Works Department shall be met to the satisfaction of the City Engineer.
8 RESOLUTION NO. 2023-046-D/ERC

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. 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.

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

21. All Landscaping shall comply with the provisions set forth in Section 19.28 of the City of San Bernardino Development Code.

22. The applicant/owner shall maintain all existing landscaping in the parking lot and setbacks in a weed and disease-free condition at all times and any dead or missing vegetation must be promptly replaced.

23. The landscaping plan shall provide for a variety of plant materials, with an emphasis on drought tolerant species, appropriate for the local environment and shall include a legend showing common names, sizes, quantities, location, dimensions of planted area, and percentage of parking lot landscaping.

24. The minimum acceptable surface weight for a noise barrier is four pounds per square foot (equivalent to ¾-inch plywood). The barrier shall be of a continuous material which is resistant to sound including: Masonry block, 2. Precast concrete 3, earth berm or a combination of earth berm with block concrete.

25. No use shall emit any obnoxious odor or fumes.

26. Any equipment, whether on the roof, side of structure, or ground, shall be screened. The method of screening shall be architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design and include landscaping when on the ground.

27. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant must submit an application for approval by the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained.

28. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am.

29. The project shall comply with all applicable requirements of the City of San Bernardino Divisions, Fire Departmen, Police Departmen, Mutie ace Depare, Salary Works Department, and the City Clerk's Office/Business Registration Division.

30. Submittal requirements for permit applications with the Building and Safety Division shall include all Conditions of Approval issued with this approval, printed on the plan sheets.

31. No final Certificate of Occupancy will be issued until all conditions of approval have been completed.

32. This is a service commercial building, and all land uses shall be as such. All land uses shall adhere to the standards for the Commercial Regional-3 (CR-3) zone found within Chapter 19.06 Table 06.01 (Commercial Zones list of Permitted, Development Permitted, and Conditionally Permitted Uses) Page 5 of the City of San Bernardino Development Code.

Consolidated Public Works Division

33. Drainage and Flood Control
a. All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer.
b. If site drainage is to be discharged into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted.
c. A Preliminary Full-Categorical Water Quality Management Plan (WQMP) has been approved.
d. A Final Full-Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the County of San Bernardino's Flood Control web page for the template and Technical Guidance Document. The Land Development Division, prior to issuance of any permit, shall approve the WQMP.

A CD copy of the approved WQMP is required prior to grading permit issuance. e. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD copy of the approved SWPPP shall be submitted to City prior to grading permit issuance. f. A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. 10 RESOLUTION NO. 2023-046-D/ERC
g. The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon.

34. Grading and Landscaping
a. The grading and on-site improvement plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be orepared 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. All existing fencing and walls shall be shown and detailed on the on-site improvement plan.
c. Adequate lighting shall be provided for the Easterly and Southerly portion of the project site.
d. 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.
e. The site shall be paved with either ACC or PCC (Asphalt or Concrete). f. The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with modification to provide ADA access. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. 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. The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee, Planning Commission or City Council.
g. Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Continuous 6" high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking aces may be 16.5' deep and may overhang the landscaping or walkway by 2.5 verhang into the setback area or into an ADA path of travel (minimum 4' wide is not permitted.
h. 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.
11 RESOLUTION NO. 2023-046-D/ERC
i. 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. j. 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 are located adjacent thereto except for areas where truck doors, pedestrian doors, planters, and enclosure exist. Curbing may be left out at structure access points.

1. At the Owners/Developers discretion a temporary security fence may be installed 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, however, the fencing is only required if necessary. m. 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. n. 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 o. Prior to permit issuance a copy of the reciprocal access easement shall be submitted to Land Development. The reciprocal access agreement shall be approved and recorded for those properties affected prior to obtaining a Certificate of Occupancy.
p. 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 www.sbcity.org- Departments - Public Works - Submittal Requirements for submittal requirements.
q. 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.
12 RESOLUTION NO. 2023-046-D/ERC
r. Prior to occupancy of any building, the developer shall post a bond to guarantee the maintenance and survival of project landscaping for a period of one year. s. 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.
t. A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan.
u. 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.

35. Utilities
a. Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream utility access hole. b. This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings.
c. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions).
d. 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.

36. Street Improvement and Dedications
a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows:
13 RESOLUTION NO. 2023-046-D/ERC
Street Name Right of Wav(ft.) Curb Line(ft)
From Centerline From Centerline
Hardt Street 27.5' Existing 22'+ Existing
(281-311-11, 281-311-12) 2.5' Dedication for a total None-Proposed per General ½ width of 30' Plan
"Local Continuous"
b. Hardt Street- T. I=7.5:
i. The half width of the street along the project's frontage shall be rehabilitated to meet the requirements detailed in a soils report based or the "R" value of the subgrade and the traffic Index. The City's has minimum standard for new streets (4" AC over 8" Base) except truck usage where the specified land use is warehouse (9"AC over 12" Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used.
ii. The existing curb & gutter panels are in fair condition If any curb & gutter panels are lifted, cracked, each of the panels shall be replaced per city standards.

Construct Sidewalk per City Standard No. 202; Case "A" (6' wide adjacent to curb).
vi. Driveways in Commercial, Industrial, or multi-Family units, no gates shall be placed closer or impede 40' from back of sidewalk, as directed by the Traffic Engineer
vii. Remove existing driveways that are not being used under the project plans and replace with Curb Gutter and Sidewalk per city Standards. viii. When Striping, use only thermoplastic paint per Section 84 of Caltrans Specifications.
ix. For existing streetlights, Install Solar LED Street Light Heads in accordance with City Standards.
14 RESOLUTION NO. 2023-046-D/ERC
Also, when more than three (3) streetlights a separate street light plan heet shall be submitted in the Improvement set in accordance with th ity of San Bernardino Street Lighting Design Policies. Install ID Plate o Street light pole. Supply one (1) additional head for each solar head installed, As Directed by the City Traffic Engineer.

X. Appropriate permits from the County of San Bernardino and any other jurisdiction shall be required when adjacent, over, or under any of the Municipalities.
xi. Install 2-3" Conduit 36" under the sidewalk with pull rope and pull boxes for future Traffic connections.
xii. No Truck Parking will be allowed on Hardt Street, install/replace signs per city standards.
xiii. 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 DERC Approval these conditions shall be reviewed and updated as needed.
c. 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. d. 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.

Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. f. 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. g. The above conditions shall comply with current codes, policies, and standards at time of construction.
h. No Direct Connections to underground Storm Drain Systems or Catch Basins. 15 RESOLUTION NO. 2023-046-D/ERC
i. Prior to Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works.
j. All off-site improvement plans submitted for plan check shall be prepared on the City's standard 24" × 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided.
k. After completion of plan checking, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval.

37. Required Engineering Plans
a. A complete submittal for plan check shall consist of • Street improvement plans (may include streetlights or street lighting may be separate plan).
• Sewer plans (private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile submitted to

SBMWD),
• Storm drain plans (private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile),
• Off-site improvement plans
• Traffic control and ROW Permits
• Signing and stripping plan (may be on sheets included in street improvement plan),
• 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 into on-site improvement plan), • On-site improvement plan and on-site landscaping and irrigation, • Water plans (shall be submitted to san Bernardino Municipal Water Department),
• Other plans as required, piece mill of plans of various types will not be accepted.
16 RESOLUTION NO. 2023-046-D/ERC
• All required calculations, studies and reports must be included in the initial submittal (including but not limited to, soils report, drainage studies, or structural calculations).
b. All off-site improvement submitted for plan check shall be prepared on the City standard 24" × 36" sheets with a signature block satisfactory to the City Engineer and/or Building Official approval.
c. After completion of the plan checking process, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the city Engineer and/or Building Official for approval.
d. Copies of the Cities design policies, procedures, and standard drawings are available on the cities website at http://www. Sbcity. org no charge or via the front counter at the Public Works Department for a nominal fee.

38. Required Engineering Permits
a. Grading permit.
b. On-site improvements construction permit (except buildings - see Development Services-Building Division),
c. Off-site improvement construction permits.

39. Applicable Engineering Fees
a. All plan check; permits, 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.

40. Traffic Requirements
All roadway design, traffic signing and striping, traffic signal, street lighting, and traffic control improvements relating to the proposed project should be constructed in accordance with applicable engineering standards and to the satisfaction of the City of San Bernardino Traffic Engineering Division. b. In conjunction with standard City of San Bernardino development review procedures, on-site traffic signing and striping plans should be prepared in accordance with applicable State and Federal standards. c. The final grading, landscaping, and street improvement plans should demonstrate that sight distance standards are met in accordance with applicable City of San Bernardino /California Department of Transportation sight distance standards. d. Payment of applicable of local and regional development impact fees shall be paid to the City of San Bernardino.
17 RESOLUTION NO. 2023-046-D/ERC
e. All Public Works offsite Mitigation Monitoring and Reporting Program items shall be shown with the Conditions of Approval on the last pages of Public Works Offsite Plans.
f. All roadway design, traffic signing and striping, traffic signal, street lighting, and traffic control improvements relating to the proposed project should be constructed in accordance with the applicable engineering standards and to the satisfaction of the City of San Bernardino Traffic Engineering Division. g. In conjunction with standard City of San Bernardino development review procedure, on site traffic signing, and striping plans should be prepared in accordance with the applicable State and Federal standards.

41. 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 8/1/23 identifies the development and establishment of a service commercial building (Building C). The project site is located on the north side of E. Hardt Street, west of Tippecanoe Avenue.
c. Burrtec Waste Comments:

Project Description: Construct a 18,323 square foot industrial building.

The Site Plan dated 8/1/23 identifies two trash enclosures located on the north and west sides of the building. They are served by a looped driveway with a minimum width of 26 feet. Enclosure details are provided on Sheet DD1.1. Based upon the information provided, the project meets or exceeds Burrtec's minimum requirements for trash enclosure size, location, and accessibility. Burrtec will therefore provide the project with standard commercial collection services for trash and mixed recyclables. In the event that any tenant is involved with the production or distribution of food products, they will be required to participate in a food waste recycling program per AB1826. Any changes to the overall project design, enclosure specifications or location, or access may adversely impact Burrtec's ability to service the project. Any design modifications that could impact Burrtec's service will be subject to review and approval by Burrtec.

Burrtec's review of this project is limited to determining whether it meets Burrtec's minimum standards for waste and recycling collection services.

Any comments or approvals by Burrtec are limited to these minimum standards as by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project.

End of Burrtec Waste Comments.
18 RESOLUTION NO. 2023-046-D/ERC
d. The Site Plan identifies two trash enclosures located on the north and west sides of the building. They are served by a looped driveway with a minimum width of 26 feet. Enclosure details are provided on Sheet DD1.1. Based upon the information provided, the project meets or exceeds Burrtec's minimum requirements. Burtec will therefore provide the project with standard commercial collection services for trash and mixed recyclables. In the event that any tenant is involved with the production or distribution of food products, they will be required to participate in a food waste recycling program per Assembly Bill 1826.

Refuse enclosures must meet or exceed City Standard Plan 508 Refuse Enclosure 8'-0'x 15'-0" clear interior dimensions for the container storage area, unless a potential tenant/business is involved in the production, manufacture, distribution, or sale of food products.
f. If a potential tenant/business 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, enlarge (modify) the refuse enclosures interior dimensions to accommodate the following:

Site Plans shall display clear drive aisle widths.
j. 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). . 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.

The minimum outside curb radius shall be at least 42 feet. 19 RESOLUTION NO. 2023-046-D/ERC
All streets and driveways shall comply with applicable City standards. Burrtec Waste's Truck Turning Radius template may be obtained from the Public Works Department in PDF and CAD.
m. 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. n. Hammerhead Turnarounds shall meet or exceed San Bernardino County Fire Protection District Standard Number A-l Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the City Public Works Department. o. Tenants/Businesses involved in the production, manufacture, distribution, or sale of food products shall participate in a food waste recycling program per Assembly Bill 1826. This will require additional containers) for food waste. p. As specific tenants) have not been identified, consideration should also be given to future tenants) waste and recycling needs. These may include trash compactors, cardboard balers, and roll-off boxes. If the building is used for the production, manufacture, distribution, or sale of food products, the tenants) shall participate in a food waste recycling program per Assembly Bill 1826. q. If gated, access shall be provided by means of a key, code, or remote. r. Assembly Bill 341 Mandatory Commercial Recycling may apply. s. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. t. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. u. Upon completion, service is provided through the City of San Bernardino's franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222.

Building and Safety Division

42. After the public hearing appeal period ends, applicant shall submit construction plans to the Building and Safety Division for plan check in order to obtain the required building permits.

43. The project shall comply with the California Building Codes as adopted and amended by the City of San Bernardino Municipal Code, Title 15.3.

44. A geotechnical investigation report prepared by a qualified geotechnical engineer is required. The applicant shall submit this report for review and approval prior to the issuance of building permits.
20 RESOLUTION NO. 2023-046-D/ERC

45. The construction drawings require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect.

46. The project shall comply with state and federal disabled access requirements.

Consolidated County of San Bernardino Fire District

47. The development shall have a minimum of Two points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys, and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Other recognized standards may be more restrictive by requiring wider access provisions. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height.

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

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

50. Fire Condition Letters shall expire on the date determined by the Planning Division or Building and Safety.

51. An automatic fire sprinkler system complying with NFPA Pamphlet #13 and Fire Department standards is required. The applicant shall hire a licensed fire sprinkler contractor. The fire sprinkler contractor shall submit plans with hydraulic calculations, manufacturers specification sheets and a letter from a licensed structural (or truss) engineer with a stamp verifying the roof is capable of accepting the point loads imposed on the building by the fire sprinkler system design to the Fire Department for approval.

The contractor shall submit plans showing type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal.

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

53. The applicant shall submit an application for high-piled storage (internal storage over 12' in height), detailed plans and a commodity analysis report to the Fire Department for review and approval. The applicant shall submit the approved plan to Building and Safety for review with building plans. If the occupancy classification is designated as S-2, commodities to be stored will be limited to products of light hazard classification only.

The required fees shall be paid at the time of plan submittal. 21 RESOLUTION NO. 2023-046-D/ERC

54. A manual, automatic or manual and automatic fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required. The applicant shall hire a licensed fire alarm contractor. The fire alarm contractor shall submit detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

55. Permission to occupy or use the building (Certification of Occupancy or Shell Release) will not be granted until the Fire Department inspects, approves, and signs off on the Building and Safety job card for "fire final".

56. Building Plans shall be submitted to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

57. Prior to combustibles being placed on the project site an approved all-weather fire apparatus access surface and operable fire hydrants with acceptable fire flow shall be installed. The topcoat of asphalt does not have to be installed until final inspection and occupancy.

58. Combustible vegetation shall be removed as follows: a. Where the average slope of the site is less than 15% -Combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less. b. Where the average slope of the site is 15% or greater - Combustible vegetation shall be removed a minimum one hundred (100) feet from all structures or to the property line, whichever is less. The development shall have a minimum of one points of vehicular access.

59. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys, and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. b. Multi-Story Road Access Width.

Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. (County Ordinance #3586.

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

61. Fire access roadways shall not exceed a maximum of twelve (12%) percent grade at any point. Fire access roadways or driveways may be increased to fourteen (14%) percent grade for a distance not to exceed five hundred (500) feet. Fire access roadways providing access to no more than two (2) one or two-family dwellings may be increased to a maximum of sixteen (16%) percent grade not to exceed five hundred (500) feet.

62. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Road surface shall meet the approval of the Fire Chief prior to installation.

All roads shall be designed to 85% compaction and/or paving and hold the weight of Fire apparatus at a minimum of 80K pounds.

63. Prior to building permits being issued to any new structure, the primary access road shall be paved or on an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance, and turnouts.

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

65. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan.

66. This project requires an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street corner to the project. Installation of the temporary sign shall be prior to any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed

67. Prior to any land disturbance the water systems shall be designed to meet the required fire pressure. Fire Flow is based on a 16,514 sqrft. structure.

68. A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. Fire hydrants shall be spaced no more than three hundred (300) feet apart as measured along vehicular travel-ways) and no more than three hundred (300) feet from any portion of a structure.

69. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements.

Fire flow water supply shall be in place prior to placing combustible materials on the job site.

70. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. The "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan.

71. An approved Fire Department key box is required. In commercial, industrial, and multi- family complexes, all swing gates shall have an approved fire department Lock (Knox ®).
23 RESOLUTION NO. 2023-046-D/ERC

72. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs, or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road.

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

74. Above Ground Storage Tank plans shall be submitted to the San Bernardino County Fire Department for review and approval prior to any installation on-site. The required Fees shall be paid at time of plan submittal.

75. The applicant shall install Fire Department approved material identification placards on the outside of all buildings and/or storage tanks that store or plan to store hazardous or flammable materials in all locations deemed appropriate by the Fire Department.

76. Commercial and industrial developments of 100,000 sqrft or less shall have the street address installed on the building with numbers that are a minimum eight (8) inches in height and with a one (1) inch stroke. The street address shall be visible from the street.

77. The applicant shall contact the San Bernardino County Fire Department/Hazardous Materials Division (909) 386-8401 for review and approval of building plans, where the planned use of such buildings will or may use hazardous materials or generate hazardous waste materials.

78. Permission to occupy or use the building (certificate of Occupancy or shell release) will not be granted until the Fire Department inspects, approves, and signs off on the Building and Safety job card for "fire final".

79. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein "Fire Department". Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable status, codes, ordinances, and standards of the Fire Department.
24 RESOLUTION NO. 2023-046-D/ERC

80. Construction permits shall automatically expire and become invalid unless the work authorized such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Suspension or abandonment shall mean that no inspection by the Department has occurred within 180 days of any previous inspection.

81. After a construction permit becomes invalid and before such previously approved work recommences, a new permit shall be first obtained and the fee to recommence work shall be one-half the fee for the new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year.

82. A request to extend any permit may be made in writing PRIOR TO the expiration date justifying the reason that the permit should be extended.

83. Roadways exceeding one hundred fifty (150) feet in length shall be approved by the Fire Department.

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

87. Any changes to this proposal shall require new Fire Department condition letter.

SECTION 4. DEVELOPMENT AND ENVIRONMENTAL REVIEW

COMMITTEE
The Development and Environmental Review Committee hereby takes the following action:
a. Adopt the Mitigated Negative Declaration for Development Permit Type-D 21-20, in accordance with Section 15074 of the California Environmental Quality Act, and directing the Community and Economic Development Director to prepare and file with the Clerk of the County of San Bernardino a Notice of Determination as provided under Public Resources Code Section 21152 (a) and CEQA Guidelines Section 15075; and
b. Approve Development Permit Type-D 21-20, subject to the aforementioned Conditions of Approval.
25 RESOLUTION NO. 2023-046-D/ERC
SECTION 5. SEVERABILITY
If any provision of this resolution or the application thereof to any circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared severable.

SECTION 6. CUSTODIAN OF RECORDS.

The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Development and Environmental Review Committee based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), 909-384- 5002
PASSED, APPROVED AND ADOPTED this 14" day of February 2024.

Environmental Review Committee
ATTEST:

Jennifer Meamber, D/ERC Secretary
City of San Bernardino, California
26 RESOLUTION NO. 2023-046-D/ERC
CERTIFICATION:
1, Jennifer Meamber, Recording Secretary of the Development and Environmental Review comite of the 3.046 san Bly addite, Cal the Devd men ad Envirametal Revin Committee of the City of San Bernardino, California, at a regular meeting thereof held on the AYES: Marrinan, Bishara, Jabsheh, Lindberg, Castro, Sepulveda, Markloff NOES: None
ABSENT: None
ABSTAIN: None
Gril, Mur
Jennifer Meamber, Recording Secretary
City of San Bernardino, California
27 RESOLUTION NO. 2023-046-D/ERC
EXHIBIT "A"
Approved Plans
27 OWNER LEGAL DESCRIPTION
KENNETH D. SMITH

MONTECT
08-315-11212

SITE INFORMATION
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Hardt & Brier Business Park
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Communtty & Economic Development Dept. City of San Bernardino Paning Diwaion 2/14/24 proved
BY

SAN BERNARDINO, CA

00.01.803: • Deta I Discapden LOTS 24 & 25 DD2.3
KENNETH D. SMITH ARCHITECT Hardt & Brier Business Park
ATE NEW SHELL BUIODING 'C project:

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NEW SHELL BUIODING 'C' Hardt & Brier Business Park LOTS 24 & 25 SAN BERNARDINO, CA WITAL PERBCEBIEL.OSOR project:

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RESOLUTION NO. 2023-046-D/ERC
EXHIBIT "B"
Environmental Determination
Mitigation and Monitoring Reporting Program
28 Mitigated Negative Declaration
Hardt and Brier Business Park Project
City of San Bernadino
Mitigation Monitoring and Reporting Program
Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries ut project for which an Mitigated Negative Declaration has been certified which identifies one or mor igniticant adverse environmental effects and where findings with respect to changes or alterations in th project have been made, to adopt a "... reporting or monitoring program for the changes to the projed which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment" (CEQA, Public Resources Code Sections 21081, 21081.6).

A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented for the Hardt and Brier Business Park Project (Project). The City of San Bernardino is the Lead Agency for the project and is responsible for implementation of the MMRP. This report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP.

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project This page intentionally left blank.
2 Mitigated Negative Declaration
City of San Bemadino Hardt and Brier Business Park Project TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM
Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verificalion and Initials

AESTHETICS
PPP AES-I: Outdoor Lighting. All outdoor luminaires installed shall be Submission of electrical Department of Building appropriately located and adequately shielded and directed such that no plans prior to plan check and Safety. direct light falls outside the parcel of origin, or onto the public right-of-way. In approval. addition, outdoor luminaires shall not blink, flash, or rotate and shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Municipal Code Section 19.20.030

AIR QUALITY
PPP AQ-1: Rule 402. The Project is required to comply with the provisions of In construction plans and Department of Building South Coast Air Quality Management District (SCAQMD) Rule 402. The Project specifications. During and Safety. shall not discharge from any source whatsoever such quantities of air Project operation. Prior contaminants or other material which cause injury, detriment, nuisance, or to grading and building annoyance to any considerable number of persons or to the public, or which permits. endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, Injury or damage to business or property.

PPP AQ-2: Rule 403. The Project is required to comply with the provisions of In construction plans and Department of Building South Coast Air Qualiry Management District (SCAQMD) Rule 403, which specifications. Prior to and Safety. includes the following: building permits.
• hearind greed 2 miner Coral guide or alone.
fugitive dust emissions.
• The contractor shall ensure that all disturbed unpaved roads and diverage of is wited the pai l or wetered with complete weather; preferably in the mid-morning, afternoon, and after work Is done for the day.

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less.

VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.

BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: Nesting Bird Survey. Vegetation removal should Conduct take avoidance Qualified biologist and occur outside of the nesting bird season (generally between February 1 and surveys for nesting birds if City of San Bernardino September 15). If vegetation removal is required during the nesting bird vegetation removal occurs Planning Division. season, the applicant must conduct take avoidance surveys for nesting birds during nesting bird prior to initiating vegetation removal/clearing. Surveys will be conducted by season. Submittal of pre- a qualified biologists) within three days of vegetation removal. If active nests activity nesting bird field are observed, a qualified biologist will determine appropriate minimum survey results report disturbance buffers and other adaptive mitigation techniques (e.g., biological (during Feb 1 - Aug 31). monitoring of active nests during construction-related activities, staggered Three days prior to schedules, etc.) to ensure that Impacts to nesting birds are avoided until the initiating vegetation nest is no longer active. At a minimum, construction activities will stay outside removal/clearing. of a 300-foot buffer around the active nests. For raptor species, the buffer is to be expanded to 500 feet. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist and City of San Bernardino Planning Division verify that the nests are no longer occupled, and the juvenile birds can survive independently from the nests. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, normal construction activities may occur.

Mitigation Measure BIO-2: Nesting Bird Buffer. If nesting birds are Establish an avoidance Qualified biologist and encountered, a qualified biologist must establish an avoidance buffer zone buffer zone around nests, City of San Bernardino around the nest (buffer zones vary according to species involved and shall be if identified through Planning Division determined by the qualified biologist). No activities that would adversely Mitigation Measure BIO. affect the nest shall occur within the buffer zone until the qualified biologist 1. Prior to and during construction activities.

CULTURAL RESOURCES
PPP CUL-I: Human Remains. Should human remains or funerary objects be In construction plans and County Coroner and discovered during project construction, the project would be required to specifications. During City of San Bernardino comply with State Health and Safety Code Section 7050.5, which states that construction activities. Planning Division no further disturbance may occur in the vicinity of the body (within a 100-foot Compliance with State buffer of the find) until the County Coroner has made a determination of origin Health and Safety and disposition pursuant to Public Resources Code Section 5097.98. The Code Section 7050.5 County Coroner must be notified of the find immediately. If the remains are and 5097.98. Notify determined to be prehistoric, the Coroner will notify the Native American NAHC and MLD.

GEOLOGY AND SOILS
PPP WQ-I: SWPPP. Prior to grading permit issuance, the project developer City of San Bernardino shall have a Stormwater Pollution Prevention Plan (SWPPP) prepared by a I portraton are d Planning Division QSD (Qualified SWPPP Developer) pursuant to the Municipal Code Chapter grading and building

13.54. The SWPPP shall incorporate all necessary Best Management Practices permits. (BMPs) and other City requirements to comply with the National Pollutant Discharge Elimination System (NPDES) requirements to limit the potential of polluted runoff during construction activities. Project contractors shall be required to ensure compliance with the SWPPP and permit periodic inspection of the construction site by City of San Bernardino staff or its designee to confirm compliance.

HYDROLOGY AND WATER QUALITY
PPP WQ-1: SWPPP. As described above. As described above. As described above.

PPP WQ-2: WQMP. As described above. As described above. As described above.

HAZARDS AND HAZARDOUS MATERIALS
Mitigation Measure HAZ-I: Disposal of Illegally Dumped Materials. The Disposal of all illegally City of San Bernardino Project applicant is responsible for ensuring the proper disposal of any and dumped materials Planning Division all illegally dumped materials currently on the Project site, in compliance with currently on the Project the City of San Bernardino Municipal Code Chapter 8.24. Proper disposal of site. Prior to start of all illegally dumped materials onsite must be completed before any construction activities. construction activities begin. Signs or fences shall be installed onsite to assist in preventing future onsite dumping of potentially hazardous materials prior to

TRIBAL CULTURAL RESOURCES
Mitigation Measure TCR-]: Retain a Native American Monitor Prior to In construction plans and City of San Bernardino Commencement of Ground-Disturbing Activities. Planning Division and specifications. Retain a
A. The project applicant/lead agency shall retain a Native American Monitor Native American Monitor Native American Monitor. from or approved by the Gabrieleño Band of Mission Indians - Kizh Nation. from or approved by the The monitor shall be retained prior to the commencement of any "ground- Gabrieleño Band of disturbing activity" for the subject project at all project locations (ie., both on- Mission Indians - Kizh site and any off-site locations that are included in the project Nation. Prior to the description/definition and/or required in connection with the project, such as commencement of any public improvement work). "Ground-disturbing activity" shall include, but is not ground-disturbing activity limited to, demolition, pavement removal, potholing, auguring, grubbing, tree or the issuance of any removal, boring, grading, excavation, drilling, and trenching. permit necessary to B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials activity, or the issuance of any permit necessary to commence a ground- commence a ground- disturbing activity. disturbing activity.

C. The monitor will complete daily monitoring logs that will provide descriptions On-site tribal monitoring of the relevant ground-disturbing activities, the type of construction activities during ground-disturbing performed, locations of ground-disturbing activities, soil types, cultural-related activities. materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, Including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "CR"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.

Mitigation Measure TCR-2: Unanticipated Discovery of Tribal Cultural In construction plans and Qualified Professional Resource Objects (Non-Funerary/Non-Ceremonial). Upon discovery of any specifications. Upon Archeologist/ City of San TCRs, all construction activities in the immediate vicinity of the discovery shall discovery of any TCRs halt Bernardino Planning cease (ie., not less than the surrounding 50 feet) and shall not resume until the construction activities until Division. discovered TCR has been fully assessed by the Kizh monitor and/or Kizh resources are assessed archaeologist. The Kizh will recover and retain all discovered TCRs in the form and retained by Kizh and/or manner the Tribe deems appropriate, in the Tribe's sole discretion, and Nation. for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.

Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains In construction plans and Qualified Professional and Associated Funerary or Ceremonial Objects specifications. Upon Archeologist/City of San discovery of human
Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials A. Native American human remains are defined in PRC 5097.98 (d)(1) as an remains during Bernardino Planning inhumation or cremation, and in any state of decomposition or skeletal construction activities, Division. completeness. Funerary objects, called associated grave goods in Public follow Public Resource Resources Code Section 5097.98, are also to be treated according to this Code 5097.9 as well as Health and Safety Code
Section 7050.5.

C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).

D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.
proven broker of turn remain burial good halb kept confidental 1a PPP CUL-I: Human Remains. As described above. As described above.

As described above.

TRIBAL CULTURAL RESOURCES
PPP WQ-1: WQMP. As described above. As described above. As described above.

NARDINO. CAT Public Hearing: Agenda Item No. 5d
City of San Bernardino
SOUNDED IN 101D Request for D/ERC Action
Date: February 14, 2024
To: Development and Environmental Review Committee
From: Michael Rosales, Senior Planner
Subject: Development Permit Type-D 21-21
Request: Development Permit Type-D 21-21 A request to allow the development and establishment of a service commercial building (Building "D1 and D2") containing a total of approximately 13,759 square feet on a project site comprised of two (2) parcels located on the north side of E. Brier Drive, west of S. Tippecanoe Avenue, South of the BNSF Railroad, and East of S Gifford Avenue within the Commercial Regional (CR-3) zone, Ward 3
APN: 0281-311-18 and 0281-311-19
Lot Area: 1.02 acres
Zone: Commercial Regional (CR-3) zone
Recommendation
Staff recommends that the Development and Environmental Review Committee adopt Resolution No. 2023-047 adopting the Categorical Exemption under the California Environmental Quality Act; and approving Development Permit Type-D 21-21, based on the Findings of Fact and subject to the recommended Conditions of Approval.

Attachments: Attachment A: Resolution 2023-047
Exhibit "A" Approved Site Plans
Exhibit "B" MMRP's
RESOLUTION NO. 2023-047-D/ERC
RESOLUTION NO. 2023-047 - D/ERC

A RESOLUTION OF THE DEVELOPMENT AND

ENVIRONMENTAL REVIEW COMMITTEE OF THE CITY

OF SAN BERNARDINO CALIFORNIA, APPROVING
DEVELOPMENT PERMIT TYPE-D 21-21 FOR THE

DEVELOPMENT AND ESTABLISHMENT OF A SERVICE
COMMERCIAL BUILDING (BUILDING "DI AND D2")
CONTAINING APPROXIMATELY 13,759 SQUARE FEET ON
A PROJECT SITE COMPRISED OF TWO (2) PARCELS
CONTAINING A TOTAL OF APPROXIMATELY 1.02 ACRES,
LOCATED AT APNS:0281-311-18 AND 0281-311-19, NORTH
OF E. BRIER DRIVE, WEST OF S. TIPPECANOE AVENUE,
SOUTH OF THE BNSF RAILROAD, AND EAST OF S.

GIFFORD AVENUE WITHIN THE COMMERCIAL
REGIONAL-3 (CR-3) ZONE, WARD 3, AND ADOPTING THE

MITIGATED NEGATIVE DECLARATION, UNDER THE
CALIFORNIA ENVIRONMENTAL QUAILITY ACT.

WHEREAS, on October 18, 2021 pursuant to the requirements of Section 19.44.020 (Administrative and Development Permits) of the City of San Bernardino Development Code, ar application for Development Permit Type-D 21-21 was duly submitted by:

Property Owner: Michael D Gay Separate Property Trust
9747 Business park Avenue Ste 222
San Diego, CA 92131
Applicant: Hamann Construction
1000 Pioneer Way
El Cajon, CA 9202(
APN: 0281-311-18 and 0281-311-19
Lot Area: 1.02 acres
WHEREAS, pursuant to Section 19.06.20 (Commercial Zones List of Permitted, Development Permitted, and Conditionally Permitted Uses) and Section 19.06.030 (Development Standards) of the City of San Bernardino Development Code, Development Permit Type-D 21-21 is a request to allow the development and establishment of a service commercial building (Building "DI and D2") containing a total of approximately 13,759 square feet on a project site comprised of two (2) parcels containing a total of approximately 1.02 acres, located at APNs: 0281-311-18 and 0281-311-19 on the north side of E. Brier Drive west of S.

Tippecanoe Avenue, South of the BNSF Railroad and East of S. Gifford Avenue within the Commercial Regional (CR-3) zone, Ward 3;
WHEREAS, the Planning Division of the Community Development Department has reviewed Development Permit Type-D 21-21 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; RESOLUTION NO. 2023-047-D/ERC
WHEREAS, pursuant to requirements of Section 15063 of the California Environmental Quality Act (CEQA), the Planning Division of the Community and Economic Development Department accepted the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared by E.P.D. Solutions, Inc. on behalf of and submitted by the applicant (Michael D Gay Separate Property Trust) for Development Permit Type-D 21-21;
WHEREAS, on November 1, 2023, pursuant to requirements of Section 15072 and Section 15073 of the California Environmental Quality Act, the Planning Division of the Community and economic Development 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 Permit Type-D 21- 21;
WHEREAS, during the required twenty (20) day public review period on the Initial Study/Mitigated Negative Declaration for Development Permit Type-D 21-21, comment letters were submitted by: SAFER, the County of San Bernardino and Marven Norman of the Inland Empire Biking Association;
WHEREAS, on November 27, 2023 the Planning Division of the Community and Economic Development Department received the final Initial Study/Mitigated Negative Declaration from E.P.D. Solutions Inc. on behalf of Hamann Construction responding to the comments submitted regarding the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for Development Permit Type-D 21-21; WHEREAS, on December 2, 2023, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals-Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the property owners and occupants/tenants within 1000 feet of the subject property of the holding of a public hearing at which the Initial Study/Mitigated Negative Declaration and Development Permit Type-D 21-21 would be considered;
WHEREAS, on December 13, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Development and Environmental Review Committee held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Environmental Determination and Development Permit Type-D 21-21, and at which meeting the Development and Environmental Review Committee considered the Initial Study/Mitigated Negative Declaration and Development Permit Type-D 21-21; WHEREAS, at the duly noticed public hearing of the Development and Environmental Review Committee on December 13, 2023 a comment letter was submitted by Lozeau and Drury LLP on behalf of "SAFER" expressing concerns on the validity of the Mitigated Negative Declaration that was prepared by E.P.D Environmental Consultants for Development Permit Type-D 21-21;
2 RESOLUTION NO. 2023-047-D/ERC
WHEREAS, at the duly noticed public hearing of the Development and Environmental Review Committee on December 13, 2023 no formal action was taken and Development Permit Type-D 21-21 was moved to the January 10, 2024 Development and Environmental Review Committee meeting for final action;
WHEREAS, at the duly noticed public hearing of the Development and Environmental Review Committee on January 10, 2024, and at the request of the applicant, no formal action was taken for Development Permit Type-D 21-21 and the item was motioned to move to the Development and Environmental Review Committee meeting of February 14, 2024 for final action; and
WHEREAS, pursuant to the requirements of Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Development and Environmental Review Committee has the authority to take action on the Initial Study/Mitigated Negative Declaration and Development Permit Type-D 21-21.

NOW THEREFORE, the Development and Environmental Review Committee of the City of San Bernardino does hereby resolve, determine, find, and order as follows:

SECTION 1. ENVIRONMENTAL DETERMINATION:

As the decision-making body for the project, the Development and Environmental Review Committee has independently reviewed and considered the entire record before it, including the information contained in the Initial Study/Mitigated Negative Declaration prepared for the project Development Permit Type-D 21-21. The Development and Environmental Review Committee herby certifies that the Initial Study/Mitigated Negative Declaration has been completed in compliance with the requirements of CEQA and the Guidelines for the Implementation of the CEQA (California Code Regulations, Title 14, Section 15000 et seq.) ("State CEQA Guidelines") and reflects the independent judgement and analysis of the City.

Based upon the Mitigated Negative Declaration, all comments and testimony received pertaining to, and the entirety of the record before it, the Development and Environmental Review Committee herby finds and determines that there is no substantial evidence supporting a fair argument that the approval of Development Permit Type-D 21-21 will result in a significant effect on the environment. Based on the findings made herein and its independent judgement and analysis, the Development and Environmental Review Committee hereby adopts the Mitigated Negative Declaration for Development Permit Type-D 21-21.

SECTION 2. FINDINGS FOR DEVELOPMENT PERMIT TYPE-D 21-21:

Pursuant to Section 19.44.040 (Findings) of the City of San Bernardino Development Code Development Permit applications are required to meet certain findings prior to the approval by the Development and Environmental Review Committee. Accordingly, the following findings are provided in support of the approval of Development Permit Type-D 21-21:
3 RESOLUTION NO. 2023-047-D/ERC
Finding No. 1: The proposed development is one permitted within the subject zoning Dietice an one is with all of the applicable provisions of the including prescribed development/site standards an
any/all applicable design guidelines;
Finding of Fact: Pursuant to Section 19.06.020 of the City of San Bernardino Development Code, commercial buildings are permitted within the Commercial Regional-3 (CR-3) zone subject to approval of a Development Permit with the appropriate Conditions of Approval and CEQA determination. The proposed project consists of the development and establishment of a service commercial building (Building "D1 and D2") containing pproximately 13,759 square feet on a project site comprised of two (2 arcels containing a total of approximately 1.02 acres along with th construction of the required on-site and off-site improvements is consistent with the permitted uses and the project will be conditioned to meet all applicable development and site standards.

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

Finding of Fact: General Plan Land Use Policy 2.4 actively seeks to "Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development" ". General Plan Goal 4.1.1 "Encourages economic activity that proactively seeks out and retains businesses that create jobs and generate sales tax revenue". the development and establishment of a service commercial building (Building "DI and D2") containing approximately 13,759 square feet on a project site comprised of two (2) parcels containing a total of approximately 1.02 acres along with the construction of the required on- site and off-site improvements would allot employment for San Bernardino residents and create tax revenue from new businesses for the City of San Bernardino.

Finding of Fact: The proposed development and establishment of a service commercial building (Building "D1 and D2") containing approximately 13,759 square feet on a project site comprised of two (2) parcels containing a total of approximately 1.02 acres along with the construction of the required on- site and off-site improvements.
4 RESOLUTION NO. 2023-047-D/ERC
developments within the Commercial Regional-3 (CR-3) zone and the proposal is consistent with both the General Plan and Development Code, no land use conflict is expected to result from construction of the proposed commercial building.

Finding of Fact: In accordance with Section 15074 and Section 15097 of the State California Environmental Quality Act (CEQA) Guidelines, 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 Permit Type-D 21-2i. The within the surrounding area. The proposal will not create conditions that may be objectionable or detrimental to other permitted uses in the vicinity as the proposal will be consistent with the Commercial Regional-3 (CR-3) zone. Moreover, the project will provide positive enhancement to the on- site landscaping and parking lot, helping to revitalize the underused property. Therefore, no land use conflict or adverse effects on public health, safety or welfare are anticipated to result from establishment of the 5 RESOLUTION NO. 2023-047-D/ERC
Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed.

The project includes a landscape setback along Brier Drive as well as additional landscaping throughout the site.

Finding of Fact: The proposed use is similar in nature and operating characteristics to the xisting uses in the surrounding area. Therefore, the design of the project n conjunction with the recommended Conditions of Approval and CoraT ho hopabi, interes, hein, and Characien or welfare of th interest and general welfare of the City
6 RESOLUTION NO. 2023-047-D/ERC
SECTION 3. CONDITIONS OF APPROVAL:

The approval of Development Permit Type-D 21-21 shall be subject to the following Conditions of Approval:

1. This approval is to allow the development and establishment of a service commercial building (Building "D1 and D2") containing approximately 13,759 along with the construction of the required on-site and off-site improvements square feet on a project site comprised of two (2) parcels containing a total of approximately 1.02 acres within the Commercial Regional-3 (CR-3) zone, located at APNs: 0281-311-18 and 0281-311- 19 on the north side of E. Brier Drive west of S. Tippecanoe Avenue, South of the BNSF Railroad and East of S. Gifford Avenue within the Commercial Regional (CR-3) zone, Ward 3

EXPIRATION DATE: February 14, 2026

4. The review authority may, upon application being filed thirty (30) days prior to the expiration date of Development Permit Type-D 21-21 and for good cause, grant a time extension not to exceed twelve (12) months. The review authority shall ensure that the project complies with all current Development Code provisions.

5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards, or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives, and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. 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. 7 RESOLUTION NO. 2023-047-D/ERC

8. Any proposed fencing with roll away gate shall provide access by means of gate key, code, or remote.

11. The property owners), facility operator and property management will be responsible for regular maintenance of the site. Vandalism, graffiti, trash, and other debris must be removed within 24 hours of being reported.

12. Service and associated truck areas shall be completely screened from public view.

13. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets and alleys.

14. The premises shall always be kept in a neat and orderly condition.

17. No fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 36 inches in height above the nearest street curb elevation shall be erected or placed within a Traffic Safety Sight Area.
8 RESOLUTION NO. 2023-047-D/ERC
A Traffic Safety Sight Area is a triangular portion of a lot formed by three distances measured along and/or perpendicular to property lines at the intersection of two street rights-of-way or at intersections of driveways, parking entrances, and alleys with a street right-of-way.

18. All conditions of the Public Works Department shall be met to the satisfaction of the City Engineer.

22. All Landscaping shall comply with the provisions set forth in Section 19.28 of the City of San Bernardino Development Code.

26. No use shall emit any obnoxious odor or fumes.

29. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am.

31. Submittal requirements for permit applications with the Building and Safety Division shall include all Conditions of Approval issued with this approval, printed on the plan sheets.

32. No final Certificate of Occupancy will be issued until all conditions of approval have been completed.

Consolidated Public Works Division

A CD copy of the approved WQMP is required prior to grading permit issuance. e. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD copy of the approved SWPPP shall be submitted to City prior to grading permit issuance. 10 RESOLUTION NO. 2023-047-D/ERC
f. A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. g. The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon.

35. 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. All existing fencing and walls shall be shown and detailed on the on-site improvement plan.
c. Adequate lighting shall be provided for the Easterly and Southerly portion of the project site.
d. 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.
e. The site shall be paved with either ACC or PCC (Asphalt or Concrete). f. The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with modification to provide ADA access. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. 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. The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee, Planning Commission or City Council.
g. Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. 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) 11 RESOLUTION NO. 2023-047-D/ERC
h. 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.
i. 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. j. 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 are located adjacent thereto except for areas where truck doors, pedestrian doors, planters, and enclosure exist. Curbing may be left out at structure access points.

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. t. A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan.
u. 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.

36. Utilities
a. Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream utility access hole. b. This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings.
c. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions).
d. 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. 13 RESOLUTION NO. 2023-047-D/ERC

Right of Wav(ft.) Curb Line(ft)
Street Name From Centerline From Centerline
Brier Road 40' Existing 34'+ Existing
(Gould Street) 4' Dedication for a total ½ None-Proposed per General (281-311-18, 281-311-19) width of 44' Plan
"Secondary Arterial"
b. Brier Road- T. I=7.5:
i. The street is in fair condition and no AC improvements are needed at this time.
ii. The area's damages shall be a full Remove and Replacement (R&R). (including Curb and Asphalt lifted by trees).
ill. When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb and Gutter per City Standard No. 200, type "B".
iv. Construct Sidewalk per City Standard No. 202; Case "A" (6' wide adjacent to curb).

V. Driveways in Commercial, Industrial, or multi-Family units, no gates shall be placed closer or impede 40' from back of sidewalk, as directed by the Traffic Engineer
vi. When Striping, use only thermoplastic paint per Section 84 of Caltrans Specifications.
vii. For existing streetlights, Install Solar LED Street Light Heads in accordance with City Standards. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in the Improvement set in accordance with the City of San Bernardino Street righting Design Policies. Install ID Plate on Street light pole. Supply one '1) additional head for each solar head installed, As Directed by the City Traffic Engineer.
viii. Appropriate permits from the County of San Bernardino and any other jurisdiction shall be required when adjacent, over, or under any of the ix. Install 2-3" Conduit 36" under the sidewalk with pull rope and pull boxes for future Traffic connections.
14 RESOLUTION NO. 2023-047-D/ERC
x. No Truck Parking will be allowed on Brier Road, install/replace signs per city standards.

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 DERC Approval these conditions shall be reviewed and updated as needed.
c. 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. d. 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.
e. Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. f. 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. g. The above conditions shall comply with current codes, policies, and standards at time of construction.
h. No Direct Connections to underground Storm Drain Systems or Catch Basins. i. Prior to Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works.
j. All off-site improvement plans submitted for plan check shall be prepared on the City's standard 24" × 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided.
k. After completion of plan checking, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval.

38. Required Engineering Plans
a. A complete submittal for plan check shall consist of:
• Street improvement plans (may include streetlights or street lighting may be separate plan).
• Sewer plans (private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile submitted to

SBMWD),
• Storm drain plans (private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile),
• Off-site improvement plans
• Traffic control and ROW Permits
• Signing and stripping plan (may be on sheets included in street improvement plan),
• 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 into on-site improvement plan), • On-site improvement plan and on-site landscaping and irrigation, • Water plans (shall be submitted to san Bernardino Municipal Water Department),
• Other plans as required, piece mill of plans of various types will not be accepted.
• All required calculations, studies and reports must be included in the initial submittal (including but not limited to, soils report, drainage studies, or structural calculations).
• All off-site improvement submitted for plan check shall be prepared on the City standard 24" x 36" sheets with a signature block satisfactory to the City Engineer and/or Building Official approval.
• After completion of the plan checking process, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the city Engineer and/or Building Official for approval. • Copies of the Cities design policies, procedures, and standard drawings are available on the cities website at http://www. Sbcity.org no charge or via the front counter at the Public Works Department for a nominal fee.

41. Traffc Requirements
a. All roadway design, traffic signing and striping, traffic signal, street lighting, and constructed in accorove nine pical engiproposed project and in the traffic control improvements satisfaction of the City of San Bernardino Traffic Engineering Division. b. In conjunction with standard City of San Bernardino development review procedures, on-site traffic signing and striping plans should be prepared in accordance with applicable State and Federal standards. c. The final grading, landscaping, and street improvement plans should demonstrate that sight distance standards are met in accordance with applicable City of San Bernardino /California Department of Transportation sight distance standards. d. Payment of applicable of local and regional development impact fees shall be paid to the City of San Bernardino.
e. All Public Works offsite Mitigation Monitoring and Reporting Program items shall be shown with the Conditions of Approval on the last pages of Public Works Offsite Plans.
f. All roadway design, traffic signing and striping, traffic signal, street lighting, and traffic control improvements relating to the proposed project should be constructed in accordance with the applicable engineering standards and to the satisfaction of the City of San Bernardino Traffic Engineering Division. g. In conjunction with standard City of San Bernardino development review procedure, on site traffic signing, and striping plans should be prepared in accordance with the applicable State and Federal standards.

42. 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 8/1/23 identifies the development and establishment of a service commercial building (Building D1 and D2). The project site is located on the north side of E. Hardt Street, west of Tippecanoe Avenue. c. Burrtec Waste Comments:

Project Description: Construct a 13,759 square foot commercial service building. 17 RESOLUTION NO. 2023-047-D/ERC
The Site Plan dated 8/1/23 identifies four trash enclosures serving the two buildings. Building D1 has enclosures at the northeast corner of the building and at the northwest corner of the property. Building D2 has enclosures located at the northeast corner of the property and at the northwest corner of the building. They are served by a looped driveway with a minimum width of 26 feet. Enclosure details are provided on Sheet DD1.1. Based upon the information provided, the project meets or exceeds Burrtec's minimum requirements for trash enclosure size, location, and accessibility. Burrtec will therefore provide the project with standard commercial collection services for trash and mixed recyclables. In the event that any tenant is involved with the production or distribution of food products, they will be required to participate in a food waste recycling program per AB1826.

Burrtec's review of this project is limited to determining whether it meets Burrtec's minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards as they relate to our equipment and personnel and do not pertain to the project's compliance with applicable federal, state, and local land use and environmental laws, building codes or other applicable government regulations. Any approvals by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project.

End of Burrtec Waste Comments.
d. The Site Plan identifies four trash enclosures serving the two buildings. Building DI has enclosures at the northeast corner of the building and at the northwest corner of the property. Building D2 has enclosures located at the northeast corner of the property and at the northwest corner of the building. They are served by a looped driveway with a minimum width of 26 feet. Enclosure details are provided on Sheet DD1.1. Based upon the information provided, the project meets or exceeds Burrtec's minimum requirements. Burrtec will therefore provide the project with standard commercial collection services for trash and mixed recyclables. In the event that any tenant is involved with the production or distribution of food products, they will be required to participate in a food waste recycling program per Assembly Bill 1826.
e. Refuse enclosures must meet or exceed City Standard Plan 508 Refuse Enclosure 8'-0'x 15'-0" clear interior dimensions for the container storage area. f. If a potential tenant/business 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, enlarge (modify) the refuse enclosures interior dimensions to accommodate the following:
18 RESOLUTION NO. 2023-047-D/ERC
Trash - One 4 cubic yard container
Mixed Recyclables - One 4 cubic yard container
Food Waste - One 2 cubic yard container
Modified refuse enclosures shall be reviewed and approved by the Public Works Department, the Building and Safety Division, and Burrtec Waste. g. Provide one refuse enclosure per each potential tenant. h. Contact the Building & Safety Division to determine if any ADA accessibility modifications must be made to the refuse enclosure. Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area. i. Site Plans shall display clear drive aisle widths.
j. 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) k. 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.

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 Radius template may be obtained from the Public Works Department in PDF and CAD.
m. Vertical and Horizontal Clearances - The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet.

Tenants/Businesses involved in the production, manufacture, distribution, or sale of food products shall participate in a food waste recycling program per Assembly Bill 1826. This will require additional containers) for food waste. 19 RESOLUTION NO. 2023-047-D/ERC
p. As specific tenants) have not been identified, consideration should also be given to future tenants) waste and recycling needs. These may include trash compactors, cardboard balers, and roll-off boxes. If the building is used for the production, manufacture, distribution, or sale of food products, the tenants) shall participate in a food waste recycling program per Assembly Bill 1826. q. If gated, access shall be provided by means of a key, code, or remote. r. Assembly Bill 341 Mandatory Commercial Recycling may apply. s. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. t. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. u. Upon completion, service is provided through the City of San Bernardino's franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222.

Building and Safety Division

43. After the public hearing appeal period ends, applicant shall submit construction plans to the Building and Safety Division for plan check in order to obtain the required building permits.

44. The project shall comply with the California Building Codes as adopted and amended by the City of San Bernardino Municipal Code, Title 15.3.

46. The construction drawings require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect.

47. The project shall comply with state and federal disabled access requirements.

Consolidated County of San Bernardino Fire District

49. Other recognized standards may be more restrictive by requiring wider access provisions. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height.

50. The required fire fees shall be paid to the San Bernardino County Fire Department/Community Safety Division.
20 RESOLUTION NO. 2023-047-D/ERC

51. Fire Condition Letters shall expire on the date determined by the Planning Division or Building and Safety.

The contractor shall submit plans showing type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal.

56. Building Plans shall be submitted to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

All buildings shall have access provided by approved roads, alleys, and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. (County Ordinance #3586.
21 RESOLUTION NO. 2023-047-D/ERC

59. Fire access roadways shall not exceed a maximum of twelve (12%) percent grade at any point. Fire access roadways or driveways may be increased to fourteen (14%) percent grade for a distance not to exceed five hundred (500) feet. Fire access roadways providing access to no more than two (2) one or two-family dwellings may be increased to a maximum of sixteen (16%) percent grade not to exceed five hundred (500) feet.

60. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Road surface shall meet the approval of the Fire Chief prior to installation.

All roads shall be designed to 85% compaction and/or paving and hold the weight of Fire apparatus at a minimum of 80K pounds.

61. Prior to building permits being issued to any new structure, the primary access road shall be paved or on an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance, and turnouts.

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

63. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan.

64. This project requires an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street corner to the project. Installation of the temporary sign shall be prior to any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed.

65. Prior to any land disturbance the water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using California Fire Code. The Fire Flow for this project shall be: 1,750 GPM for a Two-hour duration at 20 psi residual operating pressure. Fire Flow is based on a 16,514 sqrft. structure.

66. A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. Fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured along vehicular travel-ways) and no more than three hundred (300) feet from any portion of a structure.

67. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements.

Fire flow water supply shall be in place prior to placing combustible materials on the job site.
22 RESOLUTION NO. 2023-047-D/ERC

68. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. The "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan.

69. An approved Fire Department key box is required. In commercial, industrial, and multi- family complexes, all swing gates shall have an approved fire department Lock (Knox ®).

70. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs, or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road.

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

72. The applicant shall install Fire Department approved material identification placards on the outside of all buildings and/or storage tanks that store or plan to store hazardous or flammable materials in all locations deemed appropriate by the Fire Department.

73. Commercial and industrial developments of 100,000 sqrft or less shall have the street address installed on the building with numbers that are a minimum eight (8) inches in height and with a one (1) inch stroke. The street address shall be visible from the street.

74. The applicant shall contact the San Bernardino County Fire Department/Hazardous Materials Division (909) 386-8401 for review and approval of building plans, where the planned use of such buildings will or may use hazardous materials or generate hazardous waste materials.

75. Permission to occupy or use the building (certificate of Occupancy or shell release) will ;, approves, and signs off on the Building
not be granted until the Fire partment inspects.

76. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein "Fire Department". Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable status, codes, ordinances, and standards of the Fire Department.
23 RESOLUTION NO. 2023-047-D/ERC

77. Construction permits shall automatically expire and become invalid unless the work authorized such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Suspension or abandonment shall mean that no inspection by the Department has occurred within 180 days of any previous inspection.

78. After a construction permit becomes invalid and before such previously approved work recommences, a new permit shall be first obtained and the fee to recommence work shall be one-half the fee for the new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year.

79. A request to extend any permit may be made in writing PRIOR TO the expiration date justifying the reason that the permit should be extended.

80. Roadways exceeding one hundred fifty (150) feet in length shall be approved by the Fire Department.

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

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

83. In addition to the Fire requirements stated herein, other onsite and off-site improvements may be required which cannot be determined at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office.

84. Any changes to this proposal shall require new Fire Department condition letter.

SECTION 4. DEVELOPMENT AND ENVIRONMENTAL REVIEW

COMMITTEE
The Development and Environmental Review Committee hereby takes the following action:
a. Adopt the Mitigated Negative Declaration for Development Permit Type-D 21-21, in accordance with Section 15074 of the California Environmental Quality Act, and directing the Community and Economic Development Director to prepare and file with the Clerk of the County of San Bernardino a Notice of Determination as provided under Public Resources Code Section 21152 (a) and CEQA Guidelines Section 15075; and
b. Approve Development Permit Type-D 21-21, subject to the aforementioned Conditions of Approval.
24 RESOLUTION NO. 2023-047-D/ERC
SECTION 5. SEVERABILITY
If any provision of this resolution or the application thereof to any circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared severable.

SECTION 6. CUSTODIAN OF RECORDS.

Mary Lanier, Acting Chair
San Bernardino Development/
Environmental Review Committee
ATTEST:

Meamber, D/ERC Secretary
City of San Bernardino, California
25 RESOLUTION NO. 2023-047-D/ERC
CERTIFICATION:

I, Jennifer Meamber, Recording Secretary of the Development and Environmental Review Committee of the City of San Bernardino, California, do hereby certify that the foregoing Resolution, No. 2023-047 was duly adopted by the Development and Environmental Review Committee of the City of San Bernardino, California, at a regular meeting thereof held on the 14* day of February 2024, by the following vote, to wit:

AYES: Marrinan, Bishara, Jabsheh, Lindberg, Castro, Sepulveda, Markloff NOES: None
ABSENT: None
ABSTAIN: None
Jennifer Meamber, Recording Secretary
City of San Bernardino, California
26 RESOLUTION NO. 2023-047-D/ERC
EXHIBIT "A"
Approved Plans
27 LEGAL DESCRIPTION LEGAL DESCRIPTION- OWNER
KENNETH D. SMITH

ARCHITECT

WA POT STRES

SITE INFORMATION SITE INFORMATION SITE LEGEND

VAS OF DEAR CANEM

PARKING TABULATION

PARKING TABULATION
In 29s

ARO ADE
-

ACCESSIBLE PATH OF TRAVEL
0i...

PROJECT SCOPE
00158
7 BUILDING D2

NOT PART OF NOT A PART
BUILDING D1

THIS PLAN
SITE
LOT1? 4.
-

VICINITY MAP
1* - 500-0° NEW SHELL BUILDING 'D' Hardt & Brier Business Park LOTS 17 & 18 SAN BERNARDINO, CA

SHEET LIST DD

SHEET CHE ET NAME
DD10 D1 SITE PLAN DI
D01.9D2 BITE PLAN FOR

BRIER STREET

SITE DETAR S

ROOF PLAN

ELEVATION
SITE roject:

PLAN DD1.07
D1.

SAN BERNARDINO, CA
LOTS 17 & 18 DD1.0°
KENYETH D. SMITH Hardt & Brier Business Park -D2
ARCHIECT & ASSOC NEW SHELL BUILDING 'D' sroject:
* SITE PLAN

NOT A PART

LEGAL DESCRIPTION SITE INFORMATION PARKING TABULATION
oca.

BUILDING D2

BRIER STREET
201 37.

HOLDING DI NOT PART OF THIS PLAN
panandey
:18
0c01.2021 Revaien Schedule • Osse Cesaripten 812410 DD1.1 KENYETI D. S* ARCHITECT Hardt & Brier Business Park

NEW SHELL BUILDING 'D'
Đ-S
2 REVEN. • CONCRETE
i2-00 TYPICAL SCREENING WALL

SECTIONT E
4-2*
MOT 1O BCALE
202

SECTION
115-70
ANIMA RIM ROORPLANI (35)
115° - 1504
ilo
DIV
3D JPEO VIEWI
ranity/& Economic Development Dopte City of San Bernardinoc Planning Diyision taler
BY:

ARCHITECT
-65099
n0° = 10
becion 1
Rentaloo Ochectse
l* Dda T Dewreso
ву:

FIRST

WN ORK OF TE MONI CE IE OTTE
FLOOR
Communlty & Economle Development Dept. Clty of San Bernardino PLAN apprred Planning Diwaion 211474
aste: SQUARE FOOTAGE -
Name Area
BULDNG OI 18790 0F
BUALDNNO 02 19.790 3F
DD2.1
even Schedule 81845107 DD2.2
• base Descridio

ROOF PLAN
• 4.
• W
• Д
• L1
Community & Economic Development Dept. City of San Bemardino Planning Division 2/14/24
Uprovar Date:

By:

I Descripeer DD2.3
Hardt & Brier Business Park

NEW SHELL BUILDING 'D'
DD-NORTH - D1
132-140

ETOREFRCNT EYSTEM
ABiL - 802129 0001
BROIEN CURET •
EXTERIOR PAINT: W TEA BORONT ORLY D2 ELEVATIONS ARE A FLOP OF D1.

MY TEET DROCON
DD-EAST - D1

BRIER STREET ELEVATIN
Communtty a Economic Develop City of San Bernardine oment D Plannipig Division
1424
Dote
By
NICO: S700A20
RESOLUTION NO. 2023-047-D/ERC
EXHIBIT "B"
CEOA Determination
Mitigation and Monitoring Reporting Program
28 Mitigated Negative Declaratio
City of San Bernadino ardt and Brier Business Park Proje Mitigation Monitoring and Reporting Program
Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Mitigated Negative Declaration has been certified which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, to adopt a "... reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects A Mitigation Monitoring and Reporting Program (MMP) is required to ensure that adopted mitigation measures are successfully implemented for the Hardt and Brier Business Park Project (Project). The City of San Bernardino is the Lead Agency for the project and is responsible for implementation of the MMRP. This report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP.

Mitigated Negative Declaratic
City of San Bernadino ardt and Brier Business Park Prole This page intentionally left blank.
2 Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM
Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials

AESTHETICS
PPP AES-1: Ouldoor Lighting. All outdoor luminaires installed shall be Submission of electrical appropriately located and adequately shielded and directed such that no plans prior to plan check direct light falls outside the parcel of origin, or onto the public right-of-way. In approval. addition, outdoor luminaires shall not blink, flash, or rotate and shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Municipal Code Section 19.20.030

PPP AQ-2: Rule 403. The Project is required to comply with the provisions of In construction plans and Department of Building South Coast Air Quality Management District (SCAQMD) Rule 403, which specifications. Prior to and Safety. includes the following: building permits.
fugitive dust emissions.
• The contractor shall ensure that all disturbed unpared roads and disturbed or dis tibed he s of lost wines daly on dire
weather; preferably in the mid-morning, afternoon, and after work Is done for the day.

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less.

VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.

BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: Nesting Bird Survey. Vegetation removal should Conduct take avoidance Qualified biologist and occur outside of the nesting bird season (generally between February 1 and surveys for nesting birds If City of San Bernardino September 15). If vegetation removal is required during the nesting bird vegetation removal occurs Planning Division. season, the applicant must conduct take avoidance surveys for nesting birds during nesting bird prior to initiating vegetation removal/clearing. Surveys will be conducted by season. Submittal of pre- a qualified biologists) within three days of vegetation removal. If active nests activity nesting bird field are observed, a qualified biologist will determine appropriate minimum survey results report disturbance buffers and other adaptive mitigation techniques (e.g., biological (during Feb 1 - Aug 31). monitoring of active nests during construction-related activities, staggered Three days prior to schedules, etc.) to ensure that impacts to nesting birds are avoided until the initiating vegetation nest is no longer active. At a minimum, construction activities will stay outside removal/clearing. of a 300-foot buffer around the active nests. For raptor species, the buffer is to be expanded to 500 feet. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist and City of San Bernardino Planning Division verify that the nests are no longer occupied, and the juvenile birds can survive independently from the nests. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, normal construction activities may occur.

Mitigation Measure BIO-2: Nesting Bird Buffer. If nesting birds are Establish an avoidance Qualified biologist and encountered, a qualified biologist must establish an avoidance buffer zone buffer zone around nests, City of San Bernardino around the nest (buffer zones vary according to species involved and shall be if identified through Planning Division determined by the qualified biologist). No activities that would adversely Mitigation Measure BIO- affect the nest shall occur within the buffer zone until the qualified biologist 1. Prior to and during construction activities.

City of San Bernadino Mitigated Negative Declaration
Hardt and Brier Business Park Project
Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials has determined the nest is no longer active and the young are no longer dependent on the nest.

CULTURAL RESOURCES
PPP CUL-1: Human Remains. Should human remains or funerary objects be In construction plans and County Coroner and discovered during project construction, the project would be required to specifications. During City of San Bernardino comply with State Health and Safety Code Section 7050.5, which states that construction activities. Planning Division no further disturbance may occur in the vicinity of the body (within a 100-foot Compllance with State buffer of the find) until the County Coroner has made a determination of origin Health and Safety and disposition pursuant to Public Resources Code Section 5097.98. The Code Section 7050.5 County Coroner must be notified of the find immediately. If the remains are and 5097.98. Notify determined to be prehistoric, the Coroner will notify the Native American NAHC and MLD.

13.54. The SWPPP shall incorporate all necessary Best Management Practices permits. (BMPs) and other City requirements to comply with the National Pollutant Discharge Elimination System (NPDES) requirements to limit the potential of polluted runoff during construction activities. Project contractors shall be required to ensure compliance with the SWPPP and permit periodic inspection of the construction site by City of San Bernardino staff or its designee to confirm compliance.

PPP WQ-2: WQMP. Prior to grading permit issuance, the project developer In construction plans and City of San Bernardino shall have a Water Quality Management Plan (WQMP) approved by the City specifications. Prior to Planning Division for implementation. The project shall comply with the City's Municipal Code grading and building Section 13.54 and the Municipal Separate Storm Sewer System (MS4) permit permits. requirements in effect for the Regional Water Quality Control Board Mitigared Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials (RWQCB) at the time of grading permit to control discharges of sediments and other pollutants during operations of the Project.

HYDROLOGY AND WATER QUALITY
PPP WQ-1: SWPPP. As described above. As described above. As described above.

PPP WQ-2: WQMP. As described above. As described above. As described above.

TRIBAL CULTURAL RESOURCES
Mitigation Measure TCR-1: Retain a Native American Monitor Prior to In construction plans and City of San Bernardino Commencement of Ground-Disturbing Activities. specifications. Retain a Planning Division and A. The project applicant/lead agency shall retain a Native American Monitor Native American Monitor Native American Montor. from or approved by the Gabrieleño Band of Mission Indians - Kizh Nation. from or approved by the The monitor shall be retained prior to the commencement of any "ground- Gabrieleño Band of disturbing activity" for the subject project at all project locations (i.e., both on- Mission Indians - Kizh site and any off-site locations that are Included in the project Nation. Prior to the description/definition and/or required in connection with the project, such as commencement of any public improvement work). "Ground-disturbing activity" shall include, but is not ground-disturbing activity limited to, demolition, pavement removal, potholing, auguring, grubbing, tree or the issuance of any removal, boring, grading, excavation, drilling, and trenching. permit necessary to B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Proiect Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials dituiting the suence of any permit necesary to commence a ground: commence a ground- disturbing activity.

D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.

Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains In construction plans and Qualified Professional and Associated Funerary or Ceremonial Objects specifications. Upon Archeologist/ City of San discovery of human
City of San Bernadino Mitigated Negative Declaration
Hardt and Brier Business Park Prolect
Responsible for
Mitigation Measures Ensuring Compliance/ Dale Completed Action and Timing Verification and Initials
A. Native American human remains are defined in PRC 5097.98 (d)(1) as an remains during Bernardino Planning inhumation or cremation, and in any state of decomposition or skeletal construction activities, Division. completeness, Funerary objects, called associated grave goods in Public follow Public Resource Resources Code Section 5097.98, are also to be treated according to this Code 5097.9 as well as Health and Safety Code
B. If Native American human remains and/or grave goods are discovered or Section 7050.5. recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed.

C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).

D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.

E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.

PPP CUL-I: Human Remains. As described above. As described above.

As described above.

TRIBAL CULTURAL RESOURCES
PPP WQ-1: WQMP. As described above.

As described above. As described above.

Mayor and City CouncilJuly 3, 2024

Mayor and City Council
July 3, 2024