Agenda packet — Mayor and City Council, August 21, 2024 (part 1 of 2)

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

CITY OF SAN BERNARDINO

REVISED AGENDA

FOR THE

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

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

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

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

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

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

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, AUGUST 21, 2024
4:00 PM CLOSED SESSION 5:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY 555 W 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Rochelle Clayton
COUNCIL MEMBER, WARD 2 ACTING CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 3845002 TWO

WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR

REASONABLE ACCOMMODATIONS
To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup.

Select the corresponding year and meeting date folders to view documents. *Agenda has been revised to correct an error on the page numbers listed for Item No. 6 – No. 12.

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

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L. Alexander
Mayor Helen Tran
Acting City Manager Rochelle Clayton
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
4:00 P.M

CLOSED SESSION PUBLIC COMMENT

CLOSED SESSION
A.Public Employee Performance Evaluation (Pursuant to Government Code Section 54957) P.11
Acting City Manager (Acting City Manager Initiated Goal Setting Process) 5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PRESENTATIONS

1. Proclamation for International Overdose Awareness Day in the City of San Bernardino – August 31, 2024 (All Wards) P.12

PUBLIC HEARING

2. Appeal 2402 of Appeal 2401 for Development Permit TypeD 2118, 19, 20, and 21 (Ward 3) P.14
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024145 denying Appeal 2402, thereby upholding the Planning Commission’s denial of Appeal 2401 for Development Permit TypeD 2118, 19, 20, and 21, which upholds the Development and Environmental Review Committee’s (DERC) adoption of the Mitigated Negative Declaration in conjunction with the approval of Development Permit TypeD 2118, 19, 20, and 21, allowing the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 4.81 acres within the Commercial Regional (CR3) zone.

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

3. Appeal 2403 for Development Permit TypeP 2205 (Ward 3) P.388 Recommendation:

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

1. Adopt Resolution No. 2024181 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 2403 thereby upholding Planning Commission’s denial of Development Permit Type–P 2205 to allow the development, establishment, and operation of a truck and trailer parking facility on a parcel containing approximately 2.90 acres, located on the Southeast corner of W.

Rialto Avenue and S. Rancho Avenue (APN: 014221222) within the Industrial Light (IL) zone (Attachment 1).

2. Adopt Resolution No. 2024182 of the Mayor and City Council of the City of San Bernardino, California, granting Appeal 2403 of the Planning Commission’s denial, thereby approving Development Permit Type–P 2205 to allow the development, establishment, and operation of a truck and trailer parking facility on a parcel containing approximately 2.90 acres, located on the Southeast corner of W. Rialto Avenue and S. Rancho Avenue (APN: 0142‑21222) within the Industrial Light (IL) zone; and finding the project subject to a Categorical Exemption under the California Environmental Quality Act (Attachment 6).

4. Specific Plan Amendment 2302 and Conditional Use Permit Revision 2311 (Ward 6) Recommendation: P.505
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2024183 of the Mayor and City Council of the City of San Bernardino, California, considering an Environmental Impact Report, making Responsible Agency Findings, and adopting a Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, and an Addendum to the Environmental Impact Report (Attachment 1); and

2. Introduce, read by title only, and waive further reading of Ordinance No. MC1641 of the Mayor and City Council of the City of San Bernardino, California, approving Specific Plan Amendment 2302 amending the CalMat/Cajon Creek Specific Plan Design Guidelines governing mining depths and areas within the City of San Bernardino Areas K, L, M, and N (Attachment 6);and

3. Adopt Resolution No. 2024184 of the Mayor and City Council of the City of San Bernardino, California, approving Conditional Use Permit Revision 2311 amending Conditional Use Permit 9131/Reclamation Plan allowing the consolidation of the City’s Reclamation Plan with an updated Amended Reclamation Plan to allow for the continuation of an aggregate mining operation within the San Bernardino County Area Q and City of San Bernardino Areas K, L, M, and N on a project site containing approximately 530.5 acres located southwest of Cajon Boulevard between Institution Road to the north and Devils Creek Diversion Channel to the south within Specific Plan – CalMat/Cajon Creek Industrial Extractive and Industrial Light zone designations (Attachment 8); and

4. Schedule the adoption of the Ordinance for the regularly scheduled meeting of the Mayor and City Council on September 4, 2024.

CITY MANAGER UPDATE

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mayor and City Council of the City of San Bernardino Page 4

CONSENT CALENDAR

5. Approval of Various Mayor and City Council Meeting Minutes. P.652 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:

1. April 5, 2023, Special Closed Session Meeting of the Mayor and City Council

2. April 5, 2023, Regular Meeting of the Mayor and City Council

3. April 19, 2023, Regular Meeting of the Mayor and City Council

4. August 18, 2023, Special Closed Session Meeting of the Mayor and City Council

5. August 21, 2023, Special Closed Session Meeting of the Mayor and City Council

6. Approval of Commercial and Payroll Disbursements (All Wards) P.684 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for July 2024.

7. Accept Grant Funds from the California Emerging Technology Fund to Advance Digital Equity (All Wards) P.740
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024185:

1. Authorizing the City Manager or designee to accept grant award funds in the amount of $1,000 from the California Emerging Technology Fund to; and

2. Authorizing the City Manager or designee to conduct all negotiations, signing, and submittals of necessary documents to receive the grant award funds; and

3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenses and appropriate $1,000 in grant award funds to be used towards advancing digital equity.

8. Accept Donation and Budget Amendments (All Wards) P. 746 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024186 to: Authorize the Acting City Manager to accept $53,508.17 from the Imperial County Office of Education (ICOE) and $102 donation from the San Bernardino Emblem Club No. 178. Authorize the Interim Director of Finance and Management Services to amend the FY 2024/25 General Fund Operating Budget by $53,610.17 in both revenues and expenditures.

9. Amendment No. 3 to Goods Purchase Agreement with Ingram Library Services, LLC. (All Wards) P.756
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 3 to the Goods Purchase Agreementwith Ingram Library Services, LLC, for a oneyear option for Fiscal Year 2024/25 and increasing the annual amount by $65,000 for a notto exceed amount of $150,000 for the purchase of library books and authorize the Interim Director of Finance and Management Services to approve a purchase order for an amount not to exceed $150,000.

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

10. FiveYear Capital Improvement Plan FY 2024/25 to FY 2028/29 for Measure I Local Expenditures(All Wards) P.782
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024187 approving the Measure I FiveYear Capital Improvement Plan for Fiscal Year 2024/25 through Fiscal Year 2028/29 and
Measure I Expenditure Strategy.

11. Agreement with Espinoza Electric, dba Quality Electric and Horizon Lighting for Street Light Maintenance and Related Services (All Wards) P.790 Recommendation:

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

1. Authorize the City Manager to execute a Maintenance Services Agreement with Espinoza Electric dba: Quality Light & Electrical; and

2. Execute a second Maintenance Services Agreement with Horizon Lighting for street light maintenance and related services; and

3. Authorize the Director of Finance and Management Services to issue a purchase order in the amount of $750,000 to Espinoza Electric dba: Quality Light & Electrical, Inc.; and

4. Authorize the Director of Finance and Management Services to issue a second purchase order in the amount of $750,000 to Horizon Lighting.

12. Approve Final Tract Map No. 20421 (Ward 5) P.883
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024189, approving Final Tract Map No. 20421 (Subdivision 2111) involving the subdivision a parcel (APN 026115110) containing 6.10 acres into twentyfive (25) single family lots located at the southwest corner of W. Belmont Avenue and N. Olive Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.

13. Approve Stop Sign Installation on 40th Street and Parkside Drive (Ward 4,7) P.953 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024188 authorizing the City Manager and/or designee to amend Resolution No. 655 entitled, in part, “A Resolution… designating certain streets or portions thereof as through highways…” and authorizing the establishment of an allway stop control at the intersection of 40th Street and Parkside Drive.

DISCUSSION

14. Cal Cities General Assembly Appointment of Voting Delegates and Alternates (All Wards) P.963
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of one voting delegate and up to two alternate voting delegates to the 2024 Cal Cities Annual Conference and Expo on October 1618, 2024, in Long Beach, California Convention Center.

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

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on September 04, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the August 21, 2024, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, August 16, 2024.

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

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

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.

Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.

Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.

Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.

Rule 5. Time Limits:

5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.

5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.

Mayor and City Council of the City of San Bernardino Page 8 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

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

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

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

Mayor and City Council of the City of San Bernardino Page 9 ALTERNATE MEETING VIEWING METHOD:

If there are any technical issues with the live stream or recording from the main agenda portal or if you require an option with Closed Captioning, you may view the meeting from the following location (TV3). https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6

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

Written comments can be emailed to [email protected]. Written public comments received up to 2:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed bythe public online at tinyurl.com/agendabackup.

Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 2:30p.m. deadlinewillnot be accepted.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe. Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regularmeeting.

MEETING TIME
NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M. to discuss specified items.”
Mayor and City Council of the City of San Bernardino Page 10 This Page Intentionally Left Blank

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: August 21, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager
Department: City Manager's Office
Subject: Closed Session
Recommendation:

A. Public Employee Performance Evaluation (Pursuant to Government Code Section 54957)
Acting City Manager (Acting City Manager Initiated Goal Setting Process) Packet Page. 11

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: August 21, 2024
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for International Overdose Awareness Day in the City of San Bernardino – August 31, 2024
(All Wards)
Packet Page. 12

PROCLAMATION OF THE

MAYOR AND CITY COUNCIL
PROCLAIMING AUGUST 31, 2024, AS

INTERNATIONAL OVERDOSE AWARENESS DAY

IN THE CITY OF SAN BERNARDINO
WHEREAS, the City of San Bernardino does affirm and acknowledge the harm and hardship caused by drug overdose; and,
WHEREAS, we recognize the purpose of International Overdose Awareness Day as remembering loved ones lost to overdose and ending the stigma of drug-related deaths; and,
WHEREAS, we resolve to play our part in reducing the toll of overdose in our community, which claimed the lives of more than 598 residents of San Bernardino County, and over 12,000 Californians, last year together with countless more affected forever; and,
WHEREAS, we affirm that the people affected by overdose are our sons and daughters, our mothers and fathers, our brothers and sisters, and deserving of our love, compassion and support.

NOW, THEREFORE, BE IT PROCLAIMED by the Mayor & City Council of San Bernardino do hereby proclaim August 31, 2024, as International Overdose Awareness Day in the City of San Bernardino.

Presented this 21st day of August 2024
Packet Page. 13
Public Hearing
City of San Bernardino
Request for Council Action
Date: August 21, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager
Gabriel Elliott, Director of Community Development and
Housing
Department: Community Development & Housing
Subject: Appeal 24-02 of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21 (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-145 denying Appeal 24-02, thereby upholding the Planning Commission’s denial of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21, which upholds the Development and Environmental Review Committee’s (DERC) adoption of the Mitigated Negative Declaration in conjunction with the approval of Development Permit Type-D 21-18, 19, 20, and 21, allowing the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 4.81 acres within the Commercial Regional (CR-3) zone.

Executive Summary
Adopting the Resolution and Mitigated Negative Declaration will deny the appeal and ultimately allow for the development and establishment of five (5) service commercial buildings. The commercial buildings total 67,451 square feet on 4.81 acres of land across several APNs located between Hardt Street and E. Brier Drive, which is within the Commercial Regional (CR-3) zone. The DERC approved the project at its regular meeting on February 14, 2024, where the approval was appealed to the Planning Commission by the Supporters Alliance for Environmental Responsibility (SAFER).

The Planning Commission denied SAFER’s appeal (Appeal 24-01) and upheld the DERC’s approval of the project on April 9, 2024. SAFER is now appealing the Planning Commission’s decision to the Mayor and City Council (Appeal 24-02). Staff recommends denying SAFER’s appeal and upholding the actions of the Planning Commission and DERC.

Packet Page. 14
Background
On March 16, 2023, Development Permit Type-D 21-08, 19, 20, and 21 was submitted and received by staff for a request to allow the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 4.81 acres (the project).

On February 14, 2024, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedures) of the City of San Bernardino Development Code, the City of San Bernardino’s DERC held a duly noticed public hearing for Development Permit Type-D 21-18, 19, 20, and 21 for the project in conjunction with the adoption of an Initial Study/Mitigated Negative Declaration (IS/MND) per the State CEQA guidelines.

During the duly noticed public hearing, staff presented the proposals for Development Permit Type-D 21-18, 19, 20, and 21 to D/ERC, and read into the record the letter received in opposition to the project as submitted by Supporters Alliance for Environmental Responsibility (SAFER), opposing the Mitigated Negative Declaration prepared for the project. Additionally, letters of opposition to the project were also submitted by Melvin E. Norman of the Inland Empire Biking Alliance and Shawn Smallwood, Biologist with SAFER.

After public testimony, the DERC voted to approve the project based on the Finding of Facts, recommended Conditions of Approval, and CEQA determination. The motion to approve was made by Mina Bishara and seconded by Ryan Castillo. The motion carried the following vote:

Ayes: Bishara, Jabsheh, Sepulveda, Lindberg, Castro, Markloff Nays: None
Abstain: None

Absent: None
On February 27, 2024, the appellant SAFER filed the application of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21.

On April 9, 2024, the Planning Commission considered the request for Appeal of the project including the adoption of the IS/MND per the State CEQA Guidelines. After public testimony, the Planning Commission voted to adopt Resolution 2024-014 denying Appeal 24-01 and approving the project based on the Finding of Facts and recommended Conditions of Approval and upheld the DERC’s approval of Development Permit Type-D 21-18, 19, 20, and 21 and the MND.

The Motion to approve was made by Orlando Garcia and seconded by Ivan Garcia.

The motion carried by the following vote:

Ayes: Lopez, I. Garcia, Sherrick, O. Garcia
Nays: Armstead, Flores
Abstain: None

Absent: Quiel, Lewis III
Packet Page. 15
On April 22, 2024 the appellant SAFER filed Appeal 24-02 appealing the Planning Commission’s denial of Appeal 24-01. Appeal of Planning Commission’s decisions go to the City Council.

On July 3, 2024, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedures) of the City of San Bernardino Development Code, the City of San Bernardino’s Mayor and City Council held a duly noticed public hearing for Appeal 24-02 of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21 in conjunction with the adoption of the Initial Study/Mitigated Negative Declaration (IS/MND) per the State CEQA guidelines. At the meeting staff requested a continuance of Appeal 24-02 on behalf the of the applicant, and consent of the appellant to the Mayor and City Council meeting of August 21, 2024, and the request was granted. The Motion to approve a continuance was made by Mayor Helen Tran and seconded by Council Member Fred Shorret. The motion carried by the following vote:

Ayes: Sanchez, Ibarra, Figueroa, Shorett, Tran, Reynoso, Calvin, Alexander Nays: None
Abstain: None

Absent: None
Discussion
Appeal Grounds:

The appeal is based on a perceived fair argument that the project may have adverse environmental impacts that have not been analyzed and mitigated. Appellant’s Letter dated December 13, 2023, is attached (Attachment E: Via hyperlink). The Appellant requests that the City of San Bernardino withdraw the IS/MND and project approvals and instead prepare an Environmental Impact Report for the project pursuant to the California Environmental Quality Act (CEQA).

The Applicants Response to Appellants comments:

The Hardt and Brier Business Park Project underwent an environmental review process as per the California Environmental Quality Act (CEQA), resulting in a Mitigated Negative Declaration (MND) due to findings of less than significant environmental impacts. Substantial evidence, as defined by CEQA, did not support significant environmental effects from the project, negating the need for an Environmental Impact Report (EIR). Hernandez Environmental Services (HES) responded to SAFER’s comments, noting that the species listed in their study lacked specific location data, rendering the evidence unreliable for the project site’s habitat assessment. Furthermore, the avian species observed, including the California gull, Red-tailed hawk, and California horned lark, do not hold official state or federal endangered statuses, and the proposed mitigation measures were deemed sufficient to reduce potential impacts to a less than significant level.

Packet Page. 16
Project Analysis:

The Hardt and Brier Business Park Project proposes four buildings (A, B, C, D1-D2) on a combined 4.81 acres of land. All buildings are single-story service commercial buildings with varying footprints and total areas:
• Building A: Located in the northwest, it has a total area of 17,783 SF (including 1,269 SF mezzanine space) on 1.25 acres. It has a floor area ratio (FAR) of 0.33 and a maximum height of 40 feet.
• Building B: Located in the northeast, it has a total area of 17,586 SF (including 1,286 SF mezzanine space) on 1.30 acres. It has a FAR of 0.31 and a maximum height of 38 feet 4 inches.
• Building C: Located centrally, south of Hardt Street, it has a total area of 18,323 SF (including 1,275 SF of mezzanine space) on 1.24 acres. It has a FAR of 0.32 and a maximum height of 40 feet.
• Building D1 and D2: Located in the southeast, it has a total area of 13,759 SF on 1.02 acres. It has a FAR of 0.31 and a maximum height of 31 feet 8 inches.

The buildings are designed with an open campus concept to avoid an institutional presence. The proposed Project would establish a quality architectural poise through emphasis on building finish materials and consistent material usage and color scheme. The proposed concrete tilt-up buildings would be beige and white with dark gray accents. Cutouts and decorative window facades would be installed to create variety in scale and texture. Each building is set back from the street and property lines, with frontages oriented towards Hardt Street or East Brier Drive. The project is designed to accommodate commercial service uses.

Buildings A, B, C, D1, and D2 in the Hardt and Brier Business Park Project will have dedicated access drives and parking spaces, including ADA, clean air vehicle spaces, and bicycle parking. Buildings A and B will share an access drive off Hardt Street, while Buildings C, D1, and D2 will have their own access drives. The project will utilize Assembly Bill 2097 to reduce parking requirements due to its proximity to public transit.

A traffic study indicates that the project will not significantly impact key intersections or vehicle miles traveled. Landscaping will cover approximately 24% of the site, exceeding the 15% requirement, and will include various trees, shrubs, and groundcover. Opaque screens and 6-foot-tall screen walls will be installed for privacy and spatial separation. The project is designed to be in compliance with the City of San Bernardino Development Code.

Although Development Permit Type-D 21-18, 19, 20, and 21 were approved separately, their abutting location raised concerns about cumulative impact. The combined parcels triggered the need for an Initial Study under the California Environmental Quality Act, and staff required this study due to the project’s substantial size and potential impacts on the surrounding area.

Packet Page. 17
The CEQA Document was prepared by a licensed professional consultant E.P.D.

Solutions and resulted in proper mitigation for the project. Being that the Mitigated Negative Declaration was adopted for all four (4) of the projects, in the case the Mitigated Negative Declaration is invalidated, then all four of the projects would also be invalidated and the appeal upheld.
2021-2025 Strategic Targets and Goals
The proposed project aligns with the Mayor and City Council 2021-2025 Key Strategic Targets and Goals as follows:

Economic Growth and Development
The proposed development will create an economic benefit to the surrounding businesses by developing an underutilized parcel that has been designed to achieve visual interest and clean landscaping which will result in an attractive project that compliments the surrounding commercial developments.

Fiscal Impact
There is no fiscal impact to the General Fund associated with this report.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-145 denying Appeal 24-02, thereby upholding the Planning Commission’s denial of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21, which upholds the Development and Environmental Review Committee’s (DERC) adoption of the Mitigated Negative Declaration in conjunction with the approval of Development Permit Type-D 21-18, 19, 20, and 21, allowing the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 4.81 acres within the Commercial Regional (CR-3) zone.

Attachments
Attachment 1 Resolution No. 2024-145 (Updated Denial of AP 24-02) Attachment 2 Resolution No. 2024-145 (Exhibit “A” Project Plans) Attachment 3 Resolution No.2024-145 (Exhibit “B” Mitigation Monitoring Reporting Program)
Attachment 4 Executed Planning Commission Resolution No. 2024-014 (Denial of Appeal 24-01)
Attachment 5 Executed Development and Environmental Review Committee Resolution No. 2023-044 through 47
(Approval of Development Permit Type-D 21-18, 19, 20,
and 21.

Attachment 6 Presentation
Attachment 7 Newspaper Publication
Attachment 8 Resolution 2024-145_ Appellant comments-applicants response to comments
Packet Page. 18
Ward:

Third Ward
Synopsis of Previous Council Actions:

At the duly noticed public hearing of the Mayor and City Council on July 3, 2024, Appeal 24-02 of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21 was continued to the Mayor and City Council meeting of August 21, 2024 for consideration.

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: August 21, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Interim City Manager
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Appeal 24-03 for Development Permit Type-P 22-05 (Ward 3)
Recommendation:

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

1. Adopt Resolution No. 2024-181 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 24-03 thereby upholding Planning Commission’s denial of Development Permit Type–P 22-05 to allow the development, establishment, and operation of a truck and trailer parking facility on a parcel containing approximately 2.90 acres, located on the Southeast corner of W. Rialto Avenue and S. Rancho Avenue (APN: 0142212-22) within the Industrial Light (IL) zone (Attachment 1).

2. Adopt Resolution No. 2024-182 of the Mayor and City Council of the City of San Bernardino, California, granting Appeal 24-03 of the Planning Commission’s denial, thereby approving Development Permit Type–P 22-05 to allow the development, establishment, and operation of a truck and trailer parking facility on a parcel containing approximately 2.90 acres, located on the Southeast corner of W. Rialto Avenue and S. Rancho Avenue (APN: 0142-212-22) within the Industrial Light (IL) zone; and finding the project subject to a Categorical Exemption under the California Environmental Quality Act (Attachment 6).

Executive Summary
Staff is providing the City Council with two Resolutions to approve or deny the appeal of a project denied by the Planning Commission and appealed to the City Council by the applicant. The proposed project consists of the development and establishment of a new truck and trailer parking facility. The project was denied by the Planning Packet Page. 388
Commission due to the concern that the proposed land use may have a negative impact upon the environment and surrounding residential land uses.

Background
On June 11, 2024 the Planning Commission held a duly noticed public hearing, and at which meeting staff recommended that the Planning Commission adopt Resolution No. 2024-012 approving Development Permit Type-P 22-05 to allow for a truck and trailer parking facility located on the Southeast corner of W. Rialto Avenue and S. Rancho Avenue, in accordance with the requirements of Chapter 19.44 (Administrative and Development Permits), of the City of San Bernardino Development Code (Attachment 3).

The Planning Commission considered the proposal for Development Permit Type-P 22-05 and at the hearing, the Commissioners expressed the following concerns:
• That the proposed land use does not integrate nor minimize impacts on the surrounding land uses as stated in the General Plan Goals and Policies; • That the proposed land use is not harmonious nor compatible with the surrounding residential land uses and schools;
• That the proposed land use may have an impact upon the environment; and • That the proposed use will contribute to higher truck traffic within the area.

Pursuant to Section 2.22.030 (Quorum and Vote Required) of the City of San Bernardino Municipal Code, five (5) members of the City Planning Commission shall constitute a quorum for the transaction of business. Action granting approval of any matter, except General Plan amendments, and amendments to the Municipal Code, must be taken by a majority vote of commissioners in attendance, and a failure to do so results in an automatic denial of the pending matter. After public testimony and deliberation among the Planning Commission, Commissioner Dailey made a motion and Chair Armstead seconded the motion to deny Resolution No. 2024-012 denying Development Permit Type–P 22-05. Out of seven (7) Commissioners present, the motion to deny received four (4) votes, which is a majority. As a result of the majority vote taken, the motion passed, and Development Permit Type–P 22-05 was denied.

Subsequently, in accordance with Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the applicant filed Application for Appeal 24-03 within the 15-day appeal period of the decision taken by the Planning Commission denying Development Permit Type–P 22-05 (Attachment 5).

On July 9, 2024, the Planning Commission took the following action:

1. Adopted Resolution No. 2024-012 of the Planning Commission of the City of San Bernardino, California, denying Development Permit Type–P 22-05.

In adopting Resolution No. 2024-012, ratifying the denial for Development Permit Type–P 22-05, the Planning Commission ratified the denial with a motion of five (5) to two (2) votes, carrying the latest motion (Attachment 4).

Packet Page. 389
Discussion
Appeal Grounds
On June 26, 2024, an Application for Appeal 24-03 was filed. The specific grounds for the appeal are summarized as follows:

1. The Project is consistent with all applicable zoning laws and compatible with surrounding uses.

2. The planning commission failed to make required findings.

3. The Planning Commission’s determination is inconsistent with treatment of similar facilities.

Based on the information provided, the applicant is requesting that the Mayor and City Council uphold Appeal 24-03, thereby denying the Planning Commission’s denial of Development Permit Type–P 22-05, and allow the development, establishment, and operation of a truck and trailer parking facility on a parcel containing approximately

2.90 acres, located on the Southeast corner of W. Rialto Avenue and S. Rancho Avenue (APN: 0142-212-22) within the Industrial Light (IL) zone. The appellants will be present at the meeting.

Project Description/Analysis
The subject site is located within the Industrial light (IL) zone which allows for the development and establishment of truck and trailer parking facilities. The Industrial Light zone is intended to retain, enhance, and intensify existing and provide for the new development of lighter industrial uses along major vehicular, rail, and air transportation routes serving the city. The proposed use will be compatible with the properties to the north, east and west which are also zoned Industrial Light and will be harmonious to the existing adjacent uses. However, the site directly abuts residentially zoned properties to the south that are developed with single family residential homes.

To minimize impact on the neighboring residential properties, the proposed project will provide a 17-foot-wide landscape buffer in addition to the existing six (6) feet high block wall to further screen the parking area from the single-family residential properties. In addition, an environmental evaluation was conducted (Attachment 8). The evaluation took into consideration the effects of traffic, noise and air quality relating to the project, and concluded that the proposed project will not result in any significant effects on the environment and the surrounding area.

The project site will have direct ingress/egress from one (1) 48-foot-wide driveway located along W. Rialto Avenue. The project site will consist of 53 parking stalls for trucks, 1 standard parking stall and 1 accessible parking stall. The proposed project will also consist of a 260 square-foot guard shack located along W. Rialto Avenue.

Landscaping
The proposed project will provide landscaping throughout the site with various plants, trees, and ground cover. The proposed 17-foot-wide landscape buffer along the south Packet Page. 390
side of the property will consist of Palo Verde tree, Desert Willow, Afghan Pine, Chaste Tree, Century Plant, Bougainvillea, Desert Spoon, Dwarf Lavender Cotton, and Spanish Dagger. The buffer will also provide additional setback and will help screen the parking area from the single-family homes abutting the south side of the subject site.

Traffic
The City's Traffic Engineering Division has reviewed the proposed project scope study form for Levels of Service (LOS), and the Vehicle Miles Traveled (VMT) assessment.

Based on the size of the project and number of trips generated, the Traffic Engineer has determined that the proposed project will not have a significant impact on the surrounding roadways or intersections.

California Environmental Quality Act (CEQA)
Pursuant to Section 15270(a) of the CEQA Guidelines, “CEQA does not apply to projects which a public agency rejects or disapproves.” Therefore, based upon the action of the Mayor and City Council, CEQA does not apply to the denial of Appeal 24-03 for Development Permit Type–P 22-05.
or
Pursuant to Section 15332 (In-Fill Development Projects) of CEQA, a Class 32 Categorical Exemption consists of projects characterized as in-fill development meeting the conditions contained within Section 15332 of CEQA. Section 15332 of CEQA applies to the approval of Appeal 24-03 for Development Permit Type–P 22-05 due to the fact that: 1) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; 2) the proposed development is located within the City limits on less than five (5) acres; 3) Conditions of Approval will be imposed to alleviate potential impacts; and, 4) there are no additional potential significant environmental impacts that may result from the proposed development, establishment and operation of the proposed use.
2021-2025 Strategic Targets and Goals
Appeal 24-03 for Development Permit Type–P 22-05 does not align with Key Strategic Goal 3, Improved Quality of Life. The addition of a truck and trailer parking facility will add to the number of truck activity within the area, which will not minimize the impacts the industrial uses have on the surrounding residential development. However, the project does align with Key Target No. 4: Economic Growth and Development. The proposed project will provide economic benefit to an underutilized site by turning an existing vacant parcel into a productive industrial development and capitalizing on the City’s transportation and locational strengths as well as the logistics sector.

Fiscal Impact
There is no financial impact associated with the item.

Packet Page. 391
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

Attachments
Attachment 1 Resolution No. 2024-181 (Denying Appeal 24-03) Attachment 2 Resolution No. 2024-181, Exhibit A – Plans Attachment 3 Planning Commission Resolution No. 2024-012 (Proposed Resolution)
Attachment 4 Planning Commission Resolution No. 2024-012 (Ratified Resolution)
Attachment 5 Application for Appeal 24-03, Dated June 26, 2024 Attachment 6 Resolution No. 2024-182 (Approving Appeal 24-03) Attachment 7 Resolution No. 2024-182, Exhibit A – Plans Attachment 8 Resolution No. 2024-182, Exhibit B – Environmental Determination, CEQA Exemption
Attachment 9 Power Point
Attachment 10 Newspaper Publication
Ward:

Third Ward
Synopsis of Previous Council Actions:

N/A
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Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024

Page 1 of 8 ends

RESOLUTION NO. 2024-181

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
DENYING APPEAL 24-03 THEREBY UPHOLDING
PLANNING COMMISSION’S DENIAL OF DEVELOPMENT
PERMIT TYPE-P 22-05 TO ALLOW THE DEVELOPMENT

AND ESTABLISHMENT OF A NEW TRUCK AND TRAILER

PARKING FACILITY ON A PROJECT SITE CONTAINING A
TOTAL OF APPROXIMATELY 2.90 ACRES LOCATED ON
THE SOUTHEAST CORNER OF W. RIALTO AVENUE AND
S. RANCHO AVENUE, (APN(S): 0142-212-22) WITHIN THE
INDUSTRIAL LIGHT (IL) ZONE.

WHEREAS, on October 17, 2022, pursuant to the requirements of Chapter 19.44 (Development Permits) of the City of San Bernardino Development Code, an application for Development Permit Type-P 22-05 was duly submitted by:

Owner: Olivos Otay, LLC
4938 Surfcliff Point
San Diego, CA 92154
Applicant: Guillermo Urias
4938 Surfcliff Point
San Diego, CA 92154
Property Address: Southeast corner of W. Rialto Avenue and S. Rancho Avenue
APN: 0142-212-22
Lot Area: 2.90 acres
WHEREAS, Development Permit Type-P 22-05 is a request to allow the development and establishment of a new truck and trailer parking facility on a project site containing a total of approximately 2.90 acres; and
WHEREAS, the Planning Division of the Community Development and Housing Department has reviewed Development Permit Type-P 22-05 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and
WHEREAS, on March 12, 2024 After opening the public hearing and receiving public testimony, the Planning Commission continued consideration of Development Permit Type – P 22-05 to the Regular Planning Commission meeting of April 9, 2024; and Packet Page. 393
Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024

Page 2 of 8 ends

WHEREAS, on April 9, 2024 After opening the public hearing and receiving public testimony, the Planning Commission pulled Development Permit Type – P 22-05 from the agenda until the item was brought back for future date; and
WHEREAS, on June 11, 2024 pursuant to the requirements of Section 19.52.040 (Hearing and Appeals – Application on Processing) of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Permit Type-P 22-05, and at which meeting the Planning Commission considered Development Permit Type-P 22-05; and WHEREAS, at the June 11, 2024 Planning Commission meeting, staff recommended that the Planning Commission adopt Resolution No. 2024-012 approving Development Permit TypeP 22-05 and finding that the project is subject to a Categorical Exemption under the California Environmental Quality Act; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, the Commission listed various reasons for denying the project, including that the proposed land use is not harmonious nor compatible with the surrounding residential land uses, and that the proposed land use does not integrate nor minimize impacts on the surrounding land uses as stated in the General Plan Goals and Policies; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, after conducting the public hearing, receiving public testimony, and deliberation by the Commission, Commissioner Daily made a motion and Chair Armstead seconded the motion to deny Resolution No. 2024-012 denying Development Permit Type-P 22-05; and
WHEREAS, the motion passed by the following vote:

Ayes: Dailey, Lopez, Armstead, Sherrick
Nays: Garcia, Quiel, Garcia

Absent: Flores, Karaiscos
WHEREAS, on June 26, 2024, pursuant to the requirements of Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the applicant submitted an application for Appeal No. 24-03 of the decision taken by the Planning Commission denying Development Permit Type-P 22-05; and
WHEREAS, on July 9, 2024, the Planning Commission adopted Resolution No. 2024-012 of the Planning Commission of the City of San Bernardino, California, denying Development Permit Type-P 22-05; and
WHEREAS, notice of the August 21, 2024 public hearing for the Mayor and City Council's consideration of the proposed Resolution for Appeal 24-03 for Development Permit Type-P 22-05 was published in The Sun newspaper on, August 10, 2024, and was mailed to owners of property and tenants located within 1,000 feet of the subject property of the holding of the public Packet Page. 394
Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024

Page 3 of 8 ends

hearing in accordance with Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code; and
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) and Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Appeal 24-03 for Development Permit Type-P 22-05.

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

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

SECTION 3. Findings of Fact – Development Permit Type-P 22-05.

Finding No. 1: The proposed development is one permitted within the subject zoning district and complies with all of the applicable provisions of this Development Code, including prescribed development/site standards and any/all applicable design guidelines.

Finding of Fact: The proposed development is located within the Industrial Light (IL) zone.

The development and establishment of a truck and trailer parking facility withing the IL zone is permitted subject to the approval of a Development Permit Type-P application. The proposal under Development Permit TypeP 22-05 will be developed in compliance with all of the applicable provisions contained in the City of San Bernardino Development Code, including development standards and applicable design guidelines.

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Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024

Page 4 of 8 ends

Therefore, the proposed project will not impair the integrity and character of the subject zone.

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

Finding of Fact: The proposal is not consistent with the following General Plan Goals and Policies:

General Plan Land Use Element Policy 2.1.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element.

General Plan Land Use Element Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

The project site consists of an undeveloped parcel surrounded by light industrial businesses, vacant lots and residential properties. The subject site directly abuts residentially zoned properties to the south that are developed with single family residential homes. The proposed project site will be developed with 54 parking stalls designated for semi-truck parking. The development and establishment of an industrial use of this caliber abutting single family homes will not ensure compatibility between land uses. The subject site is located within an industrial area with established industrial type uses. The addition of a truck and trailer parking facility will add to the number of truck activity within the area, which will not minimize the impacts the industrial uses have on the surrounding residential development. Therefore, the proposed project does not comply with the goals and policies of the General Plan.

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.

Finding of Fact: The subject site is located within the Industrial light (IL) zone which allows for the development and establishment of truck and trailer parking.

However, the site directly abuts residentially zoned properties to the south that are developed with single family residential homes. The project proposes a truck parking facility that will accommodate the parking of 54 semi-trucks on site. The intensity of the proposed use will not be compatible with the abutting single-family homes. Therefore, the development and establishment of the proposed truck and trailer parking will neither be harmonious nor compatible with the existing and future development of the general area.

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Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024

Page 5 of 8 ends

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

Finding of Fact: Pursuant to section 15270(a) (Projects Which are Disapproved) of the CEQA Guidelines, “CEQA does not apply to projects which a public agency rejects or disapproves.” Therefore, CEQA does not apply to the denial of Development Permit Type – P 22-05.

Finding No. 5: There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.

Finding of Fact: The project site is located within an urbanized area and is surrounded by existing industrial, commercial and residential development. Therefore, no significant negative impacts on the environment are anticipated to result from the proposed development.

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

Finding of Fact: The subject site is in compliance with the applicable Development Code Standards and is physically suitable for the type and density/intensity of the project being proposed. Therefore, there are no physical constraints on the site that would limit the development of the proposed truck and trailer parking facility.

Finding No. 7: There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

Finding of Fact: There are adequate provisions for public access, water, sanitation, and public utilities and services for the proposed Development. The subject site is located in an urbanized area with a full range of public utilities and services and public access off of West Rialto Avenue. Subject to Conditions of Approval, the proposed development under Development Permit TypeP 22-05 will not be detrimental to the public services or public health and safety.

Finding No. 8: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City.

Packet Page. 397
Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024

Page 6 of 8 ends

Finding of Fact: The proposed 2.90-acre truck and trailer parking facility will be in compliance with the Development standards of the City of San Bernardino Development Code requirements that are applicable for industrial development within the Industrial Light Zone. However, the subject site directly abuts residentially zoned properties to the south that are developed with single family residential homes. The development and establishment of an industrial use of this type of operating characteristic will neither be harmonious nor compatible with the abutting residentially zoned properties.

Therefore, the location, size, design, and characteristics of the proposed development will not enhance the general area to the benefit of the public interest and general welfare of the city.

SECTION 4. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

Packet Page. 398
Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of August, 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024

Page 8 of 8 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-181, adopted at a regular meeting held on the 21st day of August 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this __ day of ___ 2024.

Genoveva Rocha, CMC, City Clerk
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RESOLUTION NO. 2024-012–PC
1 RESOLUTION NO. 2024-012–PC

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT PERMIT TYPE-P 22-05,

ALLOWING THE DEVELOPMENT AND ESTABLISHMENT

OF A NEW TRUCK AND TRAILER PARKING FACILITY

ON A PROJECT SITE CONTAINING A TOTAL OF
APPROXIMATELY 2.90 ACRES LOCATED ON THE
SOUTHEAST CORNER OF W. RIALTO AVENUE AND S.

RANCHO AVENUE, (APN(S): 0142-212-22) WITHIN THE
INDUSTRIAL LIGHT (IL) ZONE.

NOW THEREFORE, the Planning Commission 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 Planning Commission has reviewed and considered the information contained in the administrative record for Development Permit TypeP 22-05 including the information contained in the Environmental Determination prepared for the project. In accordance with Section 15060 of the California Environmental Quality Act (CEQA), the Planning Division of the Community Development and Housing Department conducted an environmental evaluation in connection with the proposed Development Permit Type-P 22-05. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission finds as follows:
(1) The administrative record has been completed in compliance with California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City’s Local CEQA Guidelines, and
(2) The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines; and
(3) The application of the categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 (Exceptions); and Packet Page. 406
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3 (4) The determination of CEQA exemption reflects the independent judgment of the Planning Commission.

SECTION 2. FINDINGS FOR DEVELOPMENT PERMIT TYPE – P 22-05:

Pursuant to Section 19.44.040 of the City of San Bernardino Development Code, Development Permit applications are required to meet certain findings prior to the approval by the Planning Commission. Accordingly, the following findings are provided in support of Development Permit Type-P 22-05:

Finding of Fact: The proposed development is located within the Industrial Light (IL) zone.

The development and establishment of a truck and trailer parking facility within the IL zone is permitted subject to the approval of a Development Permit Type-P application. The proposal under Development Permit Type-P 22-05 will be developed in compliance with all of the applicable provisions contained in the City of San Bernardino Development Code, including development standards and applicable design guidelines.

Therefore, the proposed project will not impair the integrity and character of the subject zone.

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

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

General Plan Land Use Element Policy 2.1.1: Ensure
compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element.

General Plan Land Use Element Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

The proposed project implements the above General Plan goals and policies by capitalizing on the City’s transportation and locational strengths as well as the logistics sector. Development of the site will be designed and completed in a manner that will enhance the physical and visual qualities of the subject property while also minimizing impacts on the surrounding residential development. The project will be designed to enhance the Packet Page. 407
RESOLUTION NO. 2024-012–PC
4 aesthetics of the surrounding neighborhood and ensure compatibility between land uses. Therefore, the proposed project complies with the goals and policies of the General Plan.

Finding of Fact: The subject site is located within the Industrial light (IL) zone which allows for the development and establishment of truck and trailer parking facilities. The proposed use will be compatible with the properties to the north, east and west which are also zoned Industrial Light and will be harmonious to the existing adjacent uses. However, the site directly abuts residentially zoned properties to the south that are developed with single family residential homes. The proposed project will provide a Seventeen (17) feet wide landscape buffer in addition to the existing six (6) feet high block wall to further screen the parking area from the single-family residential properties. The landscaped buffer area will be planted with trees that will help absorb some of the harmful particulates in the environment, including carbon dioxide (Co2). Therefore, the development and establishment of the proposed truck and trailer parking will be harmonious and compatible with the existing and future development of the general area.

Finding of Fact: In accordance with the California Environmental Quality Act (CEQA), the Planning Division of the Community Development and Housing Department conducted an environmental evaluation in connection with proposed Development Permit Type-P 22-05 and concluded that the proposed project is exempt from CEQA Guidelines, pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines. Therefore, the proposed project site is in compliance with the requirements of CEQA and Section 19.20.030(6) of the Development Code.

Finding No. 5: There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.

Finding of Fact: The project site is located within an urbanized area and is surrounded by existing industrial, commercial, and residential development. Therefore, no significant negative impacts on the environment are anticipated to result from the proposed development.

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

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5 Finding of Fact: The subject site is in compliance with the applicable Development Code Standards and is physically suitable for the type and density/intensity of the project being proposed. Therefore, there are no physical constraints on the site that would limit the development of the proposed truck and trailer parking facility.

Finding of Fact: There are adequate provisions for public access, water, sanitation, and public utilities and services for the proposed Development. The subject site is located in an urbanized area with a full range of public utilities and services and public access off of West Rialto Avenue. Subject to Conditions of Approval, the proposed development under Development Permit Type-P 22-05 will not be detrimental to the public services or public health and safety.

SECTION 3. CONDITIONS OF APPROVAL:

The approval of Development Permit Type-P 22-05 shall be subject to the following Conditions of Approval:

1. This approval authorizes the development and establishment of a truck and trailer parking facility on a parcel containing approximately 2.90 acres. The project site is located on the Southeast corner of W. Rialto Avenue and S. Rancho Avenue (APN: 0142-212-22) San Bernardino, CA, within the Industrial Light (IL).

2. The project site shall be maintained in accordance with the plans stamped June 11, 2024 (EXHIBIT “A”) approved by the City, which includes a site plan, floor plan and Packet Page. 409
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6 elevations on file in the Planning Division; the conditions contained herein; and the City’s Municipal Code regulations.

3. The required 17-foot buffer shall be planted with landscaping materials that will consist of Palo Verde tree, Desert Willow, Afghan Pine, Chaste Tree, Century Plant, Bougainvillea, Desert Spoon, Dwarf Lavender Cotton, and Spanish Dagger to absorb the particulate matter in the environment.

4. On-site lighting shall be shielded from the adjacent residential use to eliminate light intrusion.

5. The hours of operation are 7:00am to 7:00pm seven (7) days a week.

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

EXPIRATION DATE: June 11, 2026

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

8. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards, or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys’ fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition.

The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant.

Planning Division
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7 1. Any future expansion of the proposed services may be subject to review by the Planning Commission.

2. The stacking of containers will not be permitted on site.

3. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash, and other debris must be removed within 24 hours of being reported.

4. If the color or architecture of the building is proposed to be modified in the future, the revised color scheme and or architecture shall be submitted to the Planning Division prior to any modification of the building exterior, for evaluation for substantial conformance to the approved plans.

5. Minor Modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds ten percent (10%) of allowable measurable design/site considerations shall require the refilling of the original application.

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

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

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

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

10. All new construction shall require permits prior to commencement.

11. 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.

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

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8 13. Compliance with Law. The owners, managers, renters, and every other person in charge of the premises or any event thereon must comply with all City, County, and State building, fire, zoning, and health regulations; all State and local noise and nuisance laws and ordinances; and all provisions of California law, the San Bernardino Municipal Code, and the San Bernardino City Charter.

14. Extraordinary Law Enforcement Services. The owner shall be responsible for reimbursement costs to the City of San Bernardino for “Extraordinary” police services on the premises. Extraordinary police services are those defined under San Bernardino Municipal Code Section 8.82.010.

15. Graffiti. Any graffiti painted, drawn, marked, etched, or otherwise placed upon the premises or on any area under the control of the owner shall be removed or painted over within 48 hours.

16. Information to Police Department. Upon demand, the owner, lessee, manager, and employees must make available to any police official the current names and addresses of persons who are in the management or operation of the establishment. Additionally, the owner shall keep copies of all permits and licenses issued to the establishment readily available for inspection at the premises upon demand by any police official.

17. Litter. The premises, parking lots, any area adjacent to the premises over which the owner of the establishment has control, and any area adjacent to the premises occupied or used by the establishment’s patrons shall be kept free of litter and debris. These areas shall be cleaned of any litter upon the close of business each day. The owner shall be responsible for the posting of signs prohibiting litter around the exterior of the premises and in adjacent parking areas.

18. Prohibited Vegetation. Exterior vegetation shall not be planted, maintained, or allowed to grow on the premises that could be used as a hiding place for persons. Exterior vegetation shall be planted and maintained in a manner that minimizes its use as a hiding place.

19. Security Cameras. All criminal and suspicious activities recorded on such surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment owner, manager, and employees are required to provide any footage, tapes, or other recording media from the security cameras to the Police Department. At least two (24-hour) time lapse security cameras may be required to be installed and properly maintained on the exterior of the building.

20. 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.

San Bernardino County Fire District
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RESOLUTION NO. 2024-012–PC
9 1. 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 statutes, codes, ordinances, and standards of the Fire Department.

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

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

4. 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”.

5. 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.

6. 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.

7. 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.

8. 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. County Ordinance #3586

9. The development shall have a minimum of one point 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. Fire apparatus access roadways serving buildings that are three (3) or more stories or thirty (30) feet or more in height shall be a minimum of thirty (30) feet in unobstructed width and vertically to fourteen (14) feet six (6) inches in height.

10. 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 Packet Page. 413
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10 to a maximum of sixteen (16%) percent grade not to exceed five hundred (500) feet.

Grades across the width of a fire access roadways 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.

11. 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.

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

13. 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.

14. 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 the California Fire Code. The Fire Flow for this project shall be: 1,500 GPM for a two-hour duration at 20 psi residual operating pressure. A fire hydrant shall be placed at the entrance to the facility.

15. 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.

16. 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.

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

18. 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.

19. 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.

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11 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.

20. Commercial and industrial developments of 100,000 sq. ft or less shall have the street address installed on the building with numbers that are a minimum 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.

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

22. 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.

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

San Bernardino Municipal Water District – Engineering Division

24. If any new domestic, landscape, and/or fire services are needed, a request for any old services to be abandoned must be received prior to receiving capacity charge credit.

25. For any building or expansion being constructed, sewer connection and capacity fees are due prior to issuance of a building permit.

26. If there are any street improvements associated with the project, then it is the developer’s and/or engineer’s responsibility to submit a copy of the street improvements plans to SBMWD’S engineering section for review.

Public Works

27. Drainage and Flood Control
a) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. A drainage study including provisions for the existing drainage ditch running north to south along the westerly side of the property shall provide a conceptual design at the time of the planning submittals.

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12 b) 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.
c) If site drainage is to be outleted 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.
d) An approved Preliminary Full-Categorical Water Quality Management Plan (WQMP) shall be required for the project entitlement. Please submit at the time of Planning submittal. The applicant is directed to the County of San Bernardino’s Flood Control web page for the template and Technical Guidance Document e) A 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. f) A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to the 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 the City prior to grading permit issuance.
g) 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. h) The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon.

28. Grading and Landscaping
a) The grading and on-site improvement plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the Building Official.
b) If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino.
c) If more than 50 cubic yards of earth is to be hauled on City Streets, then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer.

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13 d) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways.

The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’. Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted.
e) The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with an accessible path of travel. The minimum size of the refuse enclosure shall be 8 feet x 15 feet. 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.
f) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner.
g) 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:
h) 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and
i) 0.25 foot-candles security lighting during all other hours. j) 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.
k) 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. All accessible parking spaces shall be a minimum of 18 feet by 9 feet net.
l) The applicant must post a grading bond prior to issuance of a grading permit. The amount of the bond is to be determined by the Land Development Division. m) 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. n) The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking.

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14 o) 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.

29. On-site Utilities
a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards, and requirements of the serving utility, including gas, electric, telephone, water, sewer, and cable TV (Cable TV optional for commercial, industrial, or institutional uses).
b) The project site shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. c) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) On-site Utility services shall be placed underground, and easements provided as required.
e) Existing on-site 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.

30. Offsite Street Improvement and Dedications
a) For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan (Chapter 6) and Municipal Code (19.20.030-18-A,19.30.290,

19.30.300), shall provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows:

Street Name
Dedication shall be
Right of Way(ft.)
From Centerline
Curb Widening shall be
Curb Line(ft)
From Centerline
Rialto Avenue
(0142-212-22-0000)
40’ Existing
10’ Dedication
for a total ½ width of 50’
“Major Arterial”
33’ Existing Edge of
Pavement
36’ Proposed
Per General Plan
Rancho Avenue
(0142-212-22-0000)
44’ Existing
6’ Dedication
for a total ½ width of 50’
“Major Arterial”
32’ Existing
36’ Proposed
Per General Plan
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15 b) Rialto Avenue – TI = 10.0: *-**
i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index, or The City’s has a minimum standard for new streets, truck usage (9”AC over 12” Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used. ii) For transitioning from new curb alignment to existing edge of pavement outside project limits the edge shall be a deepened or thickened. Use Caltrans Design Manual or A Policy on Geometric Design of Highways and Streets for taper requirements.
iii) Both sides of Rialto Avenue shall be paved as indicated above, do to truck routing on this street, As directed by the City Engineer. iv) When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications.
v) If a Radius type Driveway Approach is proposed in lieu of the standard drive approach, then a truck turning curb radius shall be 35’. An accessible bypass crossing the approach shall be provided to comply with current ADA standard, thickness and reinforcement shall be determined by R value and TI or Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. MC12.28.060, MC12-28-100, MC15.04.230, MC16.20.030, 19.24.060, MC19.30.200, Ord. MC-1027, 9-09-98; Ord. MC-460, 5-15-85; Ord. MC-320, 12-06-83; Ord. 3918, 2-25-80; Ord. 2519, 8-20-63; Ord. 1963, 11-18-52, Ord. MC1531, 6-03-20, City of San Bernardino - Street Improvement Policy. 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) Construct 8" Curb and Gutter per City Standard No. 200, type “B”. City of San Bernardino - Street Improvement Policy.
viii) Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb), MC12.92.050, MC19.30.170, Ord. MC-1027, 9-09-98; Ord. MC-691, 12-19-89, City of San Bernardino - Street Improvement Policy.
ix) Install LED Street Lights System adjacent to the site in accordance with City Standard No’s. SL-1, SL-2, and SL-3. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Connect to Existing Street Light System.
x) Install type II Bike Lane per “Manual Uniform Traffic Control Devices - California”, as directed by the City Traffic Engineer, SBCTA (San Packet Page. 419
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16 Bernardino County Transportation Authority) Non-Motorized Transportation Plan rev. 2018.
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 Rialto Avenue, 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.

Rancho Avenue – TI = 9.5: * - **
xiv) This Street was repaved in 2022, a Street Moratorium is in place for 5 years, any cuts including utilities will require the whole segment (intersection to intersection) to be repaved with a minimum 2” Grind and Overlay. MC12.03.055, Ord MC-1281.
xv) The widening of the street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index, or The City’s has a minimum standard for new streets, truck usage (9”AC over 12” Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used. xvi) When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications.
xvii) The existing curb & gutter, sidewalk, and driveway fronting the site are in fair condition, if any curb & gutter panels, sidewalk panels, and driveways are lifted, cracked, or do not meet current ADA requirements, each of the panels shall be replaced per city standards. MC12.92.040, Ord. MC-1274, 7-22-08; Ord. MC-1027, 9-09-98; Ord. MC-691, 12-19-89.
xviii) When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb and Gutter per City Standard No. 200, type “B” City of San Bernardino - Street Improvement Policy.
xix) When Replacing or reconstructing Sidewalk panels, Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb) MC12.92.050, MC19.30.170, Ord. MC-1027, 9-09-98; Ord. MC-691, 12- 19-89, City of San Bernardino - Street Improvement Policy. xx) Install LED Street Lights System adjacent to the site in accordance with City Standard No’s. SL-1, SL-2, and SL-3. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Connect to Existing Street Light System.

Packet Page. 420
RESOLUTION NO. 2024-012–PC
17 xxi) When Replacing/Reconstructing or Constructing sidewalk, install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections.
xxii) No Truck Parking will be allowed on Rancho Avenue, install/replace signs per city standards.
xxiii) 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.
xxiv) Non-Vehicular Access
xxv) No Truck Access
* These Conditions are set for an estimated construction within two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed.
**If a Scoping Form is required, this form shall indicate the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). c) With Submittal of improvement plans including but not limited to grading plans, Street improvement plans, storm drain and retention/detention basin plans, and erosion/sediment control plans, The Applicant shall cause to be formed, or shall be annexed into an existing, Community Facilities District(s) (CFD) (2019-1 Maintenance) for landscaping, lighting, streets, drainage facilities, street sweeping, graffiti removal, or other infrastructure, as required by the City to the satisfaction of the City Engineer. The Applicant shall initiate the maintenance and benefit assessment district(s) formation, or annexation, by submitting a landowner petition and consent form (provided by the City) and deposited necessary fees concurrent with the application for street and grading plan review and approval; and said maintenance and benefit assessment district(s) shall be established concurrent with the approval of the final map in the case of the subdivision of land, or prior issuance of any certificate of occupancy where there is no subdivision of land, and as approved by the City Engineer. Reso 2018-264, Reso 2019-178.
d) If a drainage report is required by Land Development, A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, and public storm drain shall be on a separate set of plans. e) A temporary construction encroachment permit from the 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. No Cuts in/on Streets Packet Page. 421
RESOLUTION NO. 2024-012–PC
18 that are on a Moratorium list. MC12.03.055, MC12.03.060, MC12.03.090, MC12.03.140
f) Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. g) The applicant must post a performance bond (Insurance, Deposit) prior to issuance of the off-site permit. The amount of the bond is to be determined by the Public Works Department. MC12.03.110, Ord. MC-1027, 9-09-98; Ord. MC1004, 10-21-97. h) The above conditions shall comply with current codes, policies, and standards at the time of construction.
i) No Direct Connections to underground Storm Drain Systems or Catch Basins. j) Prior to Certificate of Occupancy or Completion of Project all As-builts and Centerline Ties shall be submitted to Public Works.

31. Required Engineering Plans
a) A complete submittal for plan checking shall consist of:
▪ street improvement plans (may include street lights 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), ▪ 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), ▪ signing and striping 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 with on-site improvement plan), ▪ on-site improvement plans and on-site landscaping and irrigation, ▪ water plans (shall be submitted to San Bernardino Municipal Water Department),
▪ other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed.
▪ All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations)
b) All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block (city standard block) Packet Page. 422
RESOLUTION NO. 2024-012–PC
19 satisfactory to the City Engineer or his designee can be found on the City Web Site
http://www.sbcity.org/city_hall/public_works/engineering_division/engineering_d evelopment_resources Engineering conditions of the project shall be inserted in the last pages of the plans.
c) After completion of plan checking, final mylar drawings with city standard block, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval.
d) Copies of the City’s 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/city_hall/public_works/engineering_division/design_policy _and_procedure_documents .

32. Traffic Requirements
a) All Traffic measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan approval. b) All Public Works offsite items shall be shown with the Conditions of Approval on the last pages of Public Works Offsite Plans.
c) Fair Share Fees shall be paid prior to issuance of permit. d) The developer submitted a traffic scope approval form and a Vehicles Miles Traveled (VMT) assessment. All reports were approved.

33. Required Engineering Permits
a) Grading permit (LD).
b) On-site improvements construction permit (LD) (except buildings - see Development Services-Building Division), including landscaping. c) WQMP/Hydrology (THR).
d) Lot merger (LM).
e) Off-site improvement construction permit. (E).
f) CFD/Street Dedication permit (RP).

34. Applicable Engineering Fees
a) All plan checks, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost Packet Page. 423
RESOLUTION NO. 2024-012–PC
20 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

35. 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 undated Site Plan identifies:

The project site is located: W 18xx 19xx Rialto Avenue sec Rancho Avenue behind gas station.

Project Description: Construct a truck terminal.

Comments: The Site Plan dated 6/9/23 identifies a single trash enclosure located along the west property line. Enclosure dimensions are 9.17' X 15.33'. It is accessed by a 93-foot-wide truck maneuvering area.

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

Burrtec will therefore provide standard commercial collections services for trash and mixed recyclables.

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 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.

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 Packet Page. 424
RESOLUTION NO. 2024-012–PC
21 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.
c) Construct at a minimum a City Standard Plan 508 Refuse Enclosure and meet or exceed the minimum 8’-0”x 15’-0” clear interior dimensions required for the container storage area. Modified refuse enclosures shall be reviewed and approved by the Public Works Department, the Building and Safety Division, and Burrtec Waste.
d) 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. e) 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) f) 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.
g) 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. 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.
h) Vertical and Horizontal Clearances – The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet.

Packet Page. 425
RESOLUTION NO. 2024-012–PC
22 j) 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 container(s) for food waste. k) If gated, access shall be provided by means of a key, code, or remote. l) Assembly Bill 341 Mandatory Commercial Recycling may apply. m) Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. n) 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.

SECTION 4. PLANNING COMMISSION ACTION:

The Planning Commission hereby takes the following action:

1. Adopt Planning Commission Resolution No. 2024-012:
a. Finding the Categorical Exemption for Development Permit Type-P 22-05 is exempt from CEQA review, pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines, and directing the Planning Division to prepare and file with the Clerk of the County of San Bernardino a Notice of Exemption as provided under Public Resources Code Section 21152(b) and CEQA Guidelines Section 15062; and b. Approving Development Permit Type-P 22-05 based on the Findings of Facts.

SECTION 4. SEVERABILITY:

If any provision of this Resolution or the applicant thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. CUSTODIAN OF RECORDS
The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Planning Commission based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), (909) 384-5002.

PASSED, APPROVED AND ADOPTED this 11th day of June 2024.

Packet Page. 426
RESOLUTION NO. 2024-012–PC
23 ____________________________________
Dolores Armstead, Chairperson
San Bernardino Planning Commission
Gabriel Elliott, Planning Commission Secretary
City of San Bernardino, California
Packet Page. 427
RESOLUTION NO. 2024-012–PC
24 CERTIFICATION:

I, Jennifer Meamber, Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution, No. 2024-012-PC, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 11th day of June 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Jennifer Meamber, Recording Secretary
City of San Bernardino, California
Packet Page. 428
RESOLUTION NO. 2024-012–PC
25 EXHIBIT “A”

APPROVED PLANS
Packet Page. 429
RESOLUTION NO. 2024-012–PC
1 RESOLUTION NO. 2024-012–PC

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

RATIFYING ITS DECISION DENYING DEVELOPMENT
PERMIT TYPE-P 22-05, THEREBY NOT ALLOWING THE

DEVELOPMENT AND ESTABLISHMENT OF A NEW

TRUCK AND TRAILER PARKING FACILITY ON A

PROJECT SITE CONTAINING A TOTAL OF
APPROXIMATELY 2.90 ACRES LOCATED ON THE
SOUTHEAST CORNER OF W. RIALTO AVENUE AND S.

RANCHO AVENUE, (APN(S): 0142-212-22) WITHIN THE
INDUSTRIAL LIGHT (IL) ZONE.

Property Owner: Olivos Otay, LLC
4938 Surfcliff Point
San Diego, CA 92154
Applicant: Guillermo Urias
4938 Surfcliff Point
San Diego, CA 92154
Parcel Address: Southeast corner of W. Rialto Avenue and S. Rancho Avenue
APN: 0142-212-22
Lot Area: 2.90 acres
WHEREAS, Development Permit Type-P 22-05 is a request to allow the development and establishment of a new truck and trailer parking facility on a project site containing a total of approximately 2.90 acres; and
WHEREAS, the Planning Division of the Community Development and Housing Department has reviewed Development Permit Type-P 22-05 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and
WHEREAS, on March 2, 2024 pursuant to the requirements of Section 19.52.020 (Hearing and Appeals – Application on Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the owners and tenants of properties within 1,000 feet of the subject property of the holding of a public hearing at which Development Permit Type-P 22-05 would be considered; and Packet Page. 430
RESOLUTION NO. 2024-012–PC
2 WHEREAS, on March 12, 2024 After opening the public hearing and receiving public testimony, the Planning Commission continued consideration of Development Permit Type – P 22-05 to the Regular Planning Commission meeting of April 9, 2024; and WHEREAS, on April 9, 2024 After opening the public hearing and receiving public testimony, the Planning Commission pulled Development Permit Type – P 22-05 from the agenda until the item was brought back for future date; and WHEREAS, on June 1, 2024 pursuant to the requirements of Section 19.52.020 (Hearing and Appeals – Application on Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the owners and tenants of properties within 1,000 feet of the subject property of the holding of a public hearing at which Development Permit Type-P 22-05 would be considered; and WHEREAS, on June 11, 2024 pursuant to the requirements of Section 19.52.040 (Hearing and Appeals – Application on Processing) of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Permit Type-P 22-05, and at which meeting the Planning Commission considered Development Permit Type-P 22-05; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, staff recommended that the Planning Commission adopt Resolution No. 2024-012 approving Development Permit Type-P and finding that the project is subject to a Categorical Exemption under the California Environmental Quality Act; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, the Commission listed various reasons for denying the project, including that the proposed land use is not harmonious nor compatible with the surrounding residential land uses, and that the proposed land use does not integrate nor minimize impacts on the surrounding land uses as stated in the General Plan Goals and Policies; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, after conducting the public hearing, receiving public testimony, and deliberation by the Commission, Commissioner Daily made a motion and Chair Armstead seconded the motion to deny Resolution No. 2024-012 denying Development Permit Type-P 22-05, which motion passed by a vote of four (4) in favor and three (3) against, with two (2) Commissioners absent; and WHEREAS, the Planning Commission must now ratify the decision it took on June 11, 2024 in the form of this Resolution which includes findings for denial; and WHEREAS, pursuant to the requirements of Chapter 19.44 (Development Permits) of the City of San Bernardino Development Code, the Planning Commission has the authority to take action on Development Permit Type-P 22-05.

NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows:

Packet Page. 431
RESOLUTION NO. 2024-012–PC
3 SECTION 1. INCORPORATION OF RECITALS:

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

SECTION 2. ENVIRONMENTAL DETERMINATION:

As the decision-making body for the project, the Planning Commission has reviewed and considered the information contained in the administrative record for Development Permit TypeP 22-05. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) In accordance with Section 15270(a) (Projects Which are Disapproved) of the CEQA Guidelines, “CEQA does not apply to projects which a public agency rejects or disapproves.” Therefore, CEQA does not apply to the denial of Development Permit Type – P 22-05.
(3) The determination reflects the independent judgment of the Planning Commission.

SECTION 3. FINDINGS FOR DEVELOPMENT PERMIT TYPE – P 22-05:

Finding of Fact: The proposed development is located within the Industrial Light (IL) zone.

The development and establishment of a truck and trailer parking facility withing the IL zone is permitted subject to the approval of a Development Permit Type-P application. The proposal under Development Permit Type-P 22-05 will be developed in compliance with all of the applicable provisions contained in the City of San Bernardino Development Code, including development standards and applicable design guidelines.

Therefore, the proposed project will not impair the integrity and character of the subject zone.

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

Packet Page. 432
RESOLUTION NO. 2024-012–PC
4 Finding of Fact: The proposal is not consistent with the following General Plan Goals and Policies:

General Plan Land Use Element Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

Finding of Fact: The subject site is located within the Industrial light (IL) zone which allows for the development and establishment of truck and trailer parking.

Packet Page. 433
RESOLUTION NO. 2024-012–PC
5 Finding No. 5: There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.

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

Finding of Fact: There are adequate provisions for public access, water, sanitation, and public utilities and services for the proposed Development. The subject site is located in an urbanized area with a full range of public utilities and services and public access off of West Rialto Avenue. Subject to Conditions of Approval, the proposed development under Development Permit Type-P 22-05 will not be detrimental to the public services or public health and safety.

SECTION 4. PLANNING COMMISSION ACTION:

The Planning Commission hereby takes the following action:

1. Adopt Planning Commission Resolution No. 2024-012:
a. Ratifying its Denial of Development Permit Type-P 22-05 based on the Findings of Facts.

SECTION 5. SEVERABILITY:

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 Planning Commission based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), (909) 384-5002.

PASSED, APPROVED AND ADOPTED this 9th day of July 2024. ____________________________________
Dolores Armstead, Chairperson
San Bernardino Planning Commission
Gabriel Elliott, Planning Commission Secretary
City of San Bernardino, California
Packet Page. 435
RESOLUTION NO. 2024-012–PC
7 CERTIFICATION:

I, Jennifer Meamber, Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution, No. 2024-012-PC, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 9th day of July 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Jennifer Meamber, Recording Secretary
City of San Bernardino, California
Packet Page. 436
RESOLUTION NO. 2024-012–PC
8 EXHIBIT “A”

DENIED PLANS
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Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024

Page 1 of 25 ends

RESOLUTION NO. 2024-182

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
GRANTING APPEAL 24-03 OF THE PLANNING
COMMISSION’S DENIAL, THEREBY APPROVING
DEVELOPMENT PERMIT TYPE-P 22-05 TO ALLOW THE

DEVELOPMENT, ESTABLISHMENT, AND OPERATION

OF A TRUCK AND TRAILER PARKING FACILITY ON A

PROJECT SITE CONTAINING A TOTAL OF
APPROXIMATELY 2.90 ACRES LOCATED ON THE
SOUTHEAST CORNER OF W. RIALTO AVENUE AND S.

RANCHO AVENUE, (APN(S): 0142-212-22) WITHIN THE
INDUSTRIAL LIGHT (IL) ZONE; AND FINDING THE

PROJECT SUBJECT TO A CATEGORICAL EXEMPTION

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.

Owner: Olivos Otay, LLC
4938 Surfcliff Point
San Diego, CA 92154
Applicant: Guillermo Urias
4938 Surfcliff Point
San Diego, CA 92154
Property Address: Southeast corner of W. Rialto Avenue and S. Rancho Avenue
APN: 0142-212-22
Lot Area: 2.90 acres
WHEREAS, Development Permit Type-P 22-05 is a request to allow the development and establishment of a new truck and trailer parking facility on a project site containing a total of approximately 2.90 acres; and
WHEREAS, the Planning Division of the Community Development and Housing Department has reviewed Development Permit Type-P 22-05 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and
Packet Page. 449
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024

Page 2 of 25 ends

WHEREAS, on March 12, 2024 After opening the public hearing and receiving public testimony, the Planning Commission continued consideration of Development Permit Type – P 22-05 to the Regular Planning Commission meeting of April 9, 2024; and WHEREAS, on April 9, 2024 After opening the public hearing and receiving public testimony, the Planning Commission pulled Development Permit Type – P 22-05 from the agenda until the item was brought back for future date; and
WHEREAS, on June 11, 2024 pursuant to the requirements of Section 19.52.040 (Hearing and Appeals – Application on Processing) of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Permit Type-P 22-05, and at which meeting the Planning Commission considered Development Permit Type-P 22-05; and WHEREAS, at the June 11, 2024 Planning Commission meeting, staff recommended that the Planning Commission adopt Resolution No. 2024-012 approving Development Permit TypeP 22-05 and finding that the project is subject to a Categorical Exemption under the California Environmental Quality Act; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, the Commission listed various reasons for denying the project, including that the proposed land use is not harmonious nor compatible with the surrounding residential land uses, and that the proposed land use does not integrate nor minimize impacts on the surrounding land uses as stated in the General Plan Goals and Policies; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, after conducting the public hearing, receiving public testimony, and deliberation by the Commission, Commissioner Daily made a motion and Chair Armstead seconded the motion to deny Resolution No. 2024-012 denying Development Permit Type-P 22-05; and
WHEREAS, the motion passed by the following vote:

Ayes: Dailey, Lopez, Armstead, Sherrick
Nays: Garcia, Quiel, Garcia

Page 3 of 25 ends

WHEREAS, notice of the August 21, 2024 public hearing for the Mayor and City Council's consideration of the proposed Resolution for Appeal 24-03 for Development Permit Type-P 22-05 was published in The Sun newspaper on, August 10, 2024, and was mailed to owners of property and tenants located within 1,000 feet of the subject property of the holding of the public hearing in accordance with Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code; and
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) and Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Appeal 24-03 for Development Permit Type-P 22-05.

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

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

SECTION 2. Compliance with the California Environmental Quality Act. As the decisionmaking body for the project, the Mayor and City Council have reviewed and considered the information contained in the administrative record for Development Permit Type-P 22-05. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) In accordance with Section 15332 (In-Fill Development Projects) of the CEQA Guidelines, the Mayor and City Council has determined that consideration of Development Permit Type-P 22-05 is exempt from CEQA due to fact that 1) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; 2) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; 3) the project site has no value as habitat for endangered, rare or threatened species; 4) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5) the site can be adequately served by all required utilities and public services; and (3) The determination of CEQA exemption reflects the independent judgment of the Mayor and City Council.

SECTION 3. Findings of Fact – Development Permit Type-P 22-05.

Finding No. 1: The proposed development is one permitted within the subject zoning district and complies with all of the applicable provisions of this Packet Page. 451
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024

Page 4 of 25 ends

Development Code, including prescribed development/site standards and any/all applicable design guidelines.

Finding of Fact: The proposed development is located within the Industrial Light (IL) zone.

The development and establishment of a truck and trailer parking facility within the IL zone is permitted subject to the approval of a Development Permit Type-P application. The proposal under Development Permit TypeP 22-05 will be developed in compliance with all of the applicable provisions contained in the City of San Bernardino Development Code, including development standards and applicable design guidelines.

Therefore, the proposed project will not impair the integrity and character of the subject zone.

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

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

General Plan Land Use Element Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

The project will be designed to enhance the aesthetics of the surrounding neighborhood and ensure compatibility between land uses. Therefore, the proposed project complies with the goals and policies of the General Plan.

Finding of Fact: The subject site is located within the Industrial light (IL) zone which allows for the development and establishment of truck and trailer parking facilities.

The proposed use will be compatible with the properties to the north, east and west which are also zoned Industrial Light and will be harmonious to Packet Page. 452
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the existing adjacent uses. However, the site directly abuts residentially zoned properties to the south that are developed with single family residential homes. The proposed project will provide a Seventeen (17) feet wide landscape buffer in addition to the existing six (6) feet high block wall to further screen the parking area from the single-family residential properties. Therefore, the development and establishment of the proposed truck and trailer parking will be harmonious and compatible with the existing and future development of the general area.

Finding No. 5: There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.

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

Finding of Fact: There are adequate provisions for public access, water, sanitation, and public utilities and services for the proposed Development. The subject site Packet Page. 453
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is located in an urbanized area with a full range of public utilities and services and public access off of West Rialto Avenue. Subject to Conditions of Approval, the proposed development under Development Permit TypeP 22-05 will not be detrimental to the public services or public health and safety.

SECTION 5. Conditions of Approval:

The approval of Development Permit Type-P 22-05 shall be subject to the following Conditions of Approval:

2. The project site shall be maintained in accordance with the plans stamped August 21, 2024 (EXHIBIT “A”) approved by the City, which includes a site plan, floor plan and elevations on file in the Planning Division; the conditions contained herein; and the City’s Municipal Code regulations.

3. The required 17-foot buffer shall be planted with landscaping materials that will consist of Palo Verde tree, Desert Willow, Afghan Pine, Chaste Tree, Century Plant, Bougainvillea, Packet Page. 454
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Desert Spoon, Dwarf Lavender Cotton, and Spanish Dagger to absorb the particulate matter in the environment.

4. On-site lighting shall be shielded from the adjacent residential use to eliminate light intrusion.

5. The hours of operation are 7:00am to 7:00pm seven (7) days a week.

EXPIRATION DATE: August 21, 2026

8. 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.

Planning Division

1. Any future expansion of the proposed services may be subject to review by the Planning Commission.

2. The stacking of containers will not be permitted on site.

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

10. All new construction shall require permits prior to commencement.

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

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

13. Compliance with Law. The owners, managers, renters, and every other person in charge of the premises or any event thereon must comply with all City, County, and State building, Packet Page. 456
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fire, zoning, and health regulations; all State and local noise and nuisance laws and ordinances; and all provisions of California law, the San Bernardino Municipal Code, and the San Bernardino City Charter.

15. Graffiti. Any graffiti painted, drawn, marked, etched, or otherwise placed upon the premises or on any area under the control of the owner shall be removed or painted over within 48 hours.

San Bernardino County Fire District

1. 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 Packet Page. 457
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requirements. All new construction shall comply with the current California Fire Code requirements and all applicable statutes, codes, ordinances, and standards of the Fire Department.

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

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

5. 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.

6. 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.

10. 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 Packet Page. 458
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of a fire access roadways 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.

11. 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.

15. 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 travelways) and no more than three hundred (300) feet from any portion of a structure.

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

19. 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 Packet Page. 459
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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.

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

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

San Bernardino Municipal Water District – Engineering Division

24. If any new domestic, landscape, and/or fire services are needed, a request for any old services to be abandoned must be received prior to receiving capacity charge credit.

25. For any building or expansion being constructed, sewer connection and capacity fees are due prior to issuance of a building permit.

Public Works

27. Drainage and Flood Control
a) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. A drainage study including provisions for the existing drainage ditch running north to south along the westerly Packet Page. 460
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side of the property shall provide a conceptual design at the time of the planning submittals.
b) 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.
c) If site drainage is to be outleted 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. d) An approved Preliminary Full-Categorical Water Quality Management Plan (WQMP) shall be required for the project entitlement. Please submit at the time of Planning submittal. The applicant is directed to the County of San Bernardino’s Flood Control web page for the template and Technical Guidance Document e) A 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.

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c) If more than 50 cubic yards of earth is to be hauled on City Streets, then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer.
d) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’.

Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted.
e) The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with an accessible path of travel. The minimum size of the refuse enclosure shall be 8 feet x 15 feet. 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.
f) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner.
g) 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:
h) 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and
i) 0.25 foot-candles security lighting during all other hours. j) 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.
k) 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. All accessible parking spaces shall be a minimum of 18 feet by 9 feet net. l) The applicant must post a grading bond prior to issuance of a grading permit. The amount of the bond is to be determined by the Land Development Division. m) 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.

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n) The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking.
o) 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.

19.30.300), shall provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows:

Street Name
Dedication shall be
Right of Way(ft.)
From Centerline
Curb Widening shall
be
Curb Line(ft)
From Centerline
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Rialto Avenue
(0142-212-22-0000)
40’ Existing
10’ Dedication
for a total ½ width of
50’
“Major Arterial”
33’ Existing Edge of
Pavement
36’ Proposed
Per General Plan
Rancho Avenue
(0142-212-22-0000)
44’ Existing
6’ Dedication
for a total ½ width of
50’
“Major Arterial”
32’ Existing
36’ Proposed
Per General Plan
b) Rialto Avenue – TI = 10.0: *-**
i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index, or The City’s has a minimum standard for new streets, truck usage (9”AC over 12” Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used.
ii) For transitioning from new curb alignment to existing edge of pavement outside project limits the edge shall be a deepened or thickened. Use Caltrans Design Manual or A Policy on Geometric Design of Highways and Streets for taper requirements.
iii) Both sides of Rialto Avenue shall be paved as indicated above, do to truck routing on this street, As directed by the City Engineer. iv) When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications.
v) If a Radius type Driveway Approach is proposed in lieu of the standard drive approach, then a truck turning curb radius shall be 35’. An accessible bypass crossing the approach shall be provided to comply with current ADA standard, thickness and reinforcement shall be determined by R value and TI or Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. MC12.28.060, MC12-28-100, MC15.04.230, MC16.20.030, 19.24.060, MC19.30.200, Ord. MC-1027, 9- 09-98; Ord. MC-460, 5-15-85; Ord. MC-320, 12-06-83; Ord. 3918, 2-25- 80; Ord. 2519, 8-20-63; Ord. 1963, 11-18-52, Ord. MC-1531, 6-03-20, City of San Bernardino - Street Improvement Policy.
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) Construct 8" Curb and Gutter per City Standard No. 200, type “B”. City of San Bernardino - Street Improvement Policy.

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viii) Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb), MC12.92.050, MC19.30.170, Ord. MC-1027, 9-09-98; Ord. MC691, 12-19-89, City of San Bernardino - Street Improvement Policy. ix) Install LED Street Lights System adjacent to the site in accordance with City Standard No’s. SL-1, SL-2, and SL-3. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Connect to Existing Street Light System. x) Install type II Bike Lane per “Manual Uniform Traffic Control Devices - California”, as directed by the City Traffic Engineer, SBCTA (San Bernardino County Transportation Authority) Non-Motorized Transportation Plan rev. 2018.
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 Rialto Avenue, 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.

MC12.03.055, Ord MC-1281.
xv) The widening of the street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index, or The City’s has a minimum standard for new streets, truck usage (9”AC over 12” Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used. xvi) When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications.
xvii) The existing curb & gutter, sidewalk, and driveway fronting the site are in fair condition, if any curb & gutter panels, sidewalk panels, and driveways are lifted, cracked, or do not meet current ADA requirements, each of the panels shall be replaced per city standards. MC12.92.040, Ord. MC-1274, 7-22-08; Ord. MC-1027, 9-09-98; Ord. MC-691, 12-19-89.
xviii) When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb and Gutter per City Standard No. 200, type “B” City of San Bernardino - Street Improvement Policy.

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xix) When Replacing or reconstructing Sidewalk panels, Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb) MC12.92.050, MC19.30.170, Ord. MC-1027, 9-09-98; Ord. MC-691, 12-19-89, City of San Bernardino - Street Improvement Policy.
xx) Install LED Street Lights System adjacent to the site in accordance with City Standard No’s. SL-1, SL-2, and SL-3. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Connect to Existing Street Light System. xxi) When Replacing/Reconstructing or Constructing sidewalk, install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections.
xxii) No Truck Parking will be allowed on Rancho Avenue, install/replace signs per city standards.
xxiii) 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.
xxiv) Non-Vehicular Access
xxv) No Truck Access
* These Conditions are set for an estimated construction within two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed.
**If a Scoping Form is required, this form shall indicate the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). c) With Submittal of improvement plans including but not limited to grading plans, Street improvement plans, storm drain and retention/detention basin plans, and erosion/sediment control plans, The Applicant shall cause to be formed, or shall be annexed into an existing, Community Facilities District(s) (CFD) (2019-1 Maintenance) for landscaping, lighting, streets, drainage facilities, street sweeping, graffiti removal, or other infrastructure, as required by the City to the satisfaction of the City Engineer. The Applicant shall initiate the maintenance and benefit assessment district(s) formation, or annexation, by submitting a landowner petition and consent form (provided by the City) and deposited necessary fees concurrent with the application for street and grading plan review and approval; and said maintenance and benefit assessment district(s) shall be established concurrent with the approval of the final map in the case of the subdivision of land, or prior issuance of any certificate of occupancy where there is no subdivision of land, and as approved by the City Engineer. Reso 2018-264, Reso 2019-178.

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d) If a drainage report is required by Land Development, A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, and public storm drain shall be on a separate set of plans. e) A temporary construction encroachment permit from the Public Works Department shall be required for utility cuts into existing streets or any work within City’s rightof-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. No Cuts in/on Streets that are on a Moratorium list.

MC12.03.055, MC12.03.060, MC12.03.090, MC12.03.140
f) Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. g) The applicant must post a performance bond (Insurance, Deposit) prior to issuance of the off-site permit. The amount of the bond is to be determined by the Public Works Department. MC12.03.110, Ord. MC-1027, 9-09-98; Ord. MC-1004, 10- 21-97.
h) The above conditions shall comply with current codes, policies, and standards at the time of construction.
i) No Direct Connections to underground Storm Drain Systems or Catch Basins. j) Prior to Certificate of Occupancy or Completion of Project all As-builts and Centerline Ties shall be submitted to Public Works.

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▪ on-site improvement plans and on-site landscaping and irrigation, ▪ water plans (shall be submitted to San Bernardino Municipal Water Department),
▪ other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed.
▪ All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations)
b) All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block (city standard block) satisfactory to the City Engineer or his designee can be found on the City Web Site http://www.sbcity.org/city_hall/public_works/engineering_division/engineering_d evelopment_resources Engineering conditions of the project shall be inserted in the last pages of the plans.
c) After completion of plan checking, final mylar drawings with city standard block, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval.
d) Copies of the City’s 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/city_hall/public_works/engineering_division/design_policy _and_procedure_documents .

33. Required Engineering Permits
a) Grading permit (LD).
b) On-site improvements construction permit (LD) (except buildings - see Development Services-Building Division), including landscaping.

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c) WQMP/Hydrology (THR).
d) Lot merger (LM).
e) Off-site improvement construction permit. (E).
f) CFD/Street Dedication permit (RP).

34. Applicable Engineering Fees
a) All plan checks, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment 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

The project site is located: W 18xx 19xx Rialto Avenue sec Rancho Avenue behind gas station.

Project Description: Construct a truck terminal.

Based upon the information provided, the project meets or exceeds Burrtec's minimum requirements for trash enclosure location, size, and accessibility. Burrtec will therefore provide standard commercial collections services for trash and mixed recyclables.

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 Packet Page. 469
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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.
c) Construct at a minimum a City Standard Plan 508 Refuse Enclosure and meet or exceed the minimum 8’-0”x 15’-0” clear interior dimensions required for the container storage area. Modified refuse enclosures shall be reviewed and approved by the Public Works Department, the Building and Safety Division, and Burrtec Waste.
d) 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. e) 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) f) 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.
g) 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. 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.

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h) 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.
i) Hammerhead Turnarounds shall meet or exceed San Bernardino County Fire Protection District Standard Number A-1 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.
j) 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 container(s) for food waste. k) If gated, access shall be provided by means of a key, code, or remote. l) Assembly Bill 341 Mandatory Commercial Recycling may apply. m) Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. n) 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.

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of August, 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-182, adopted at a regular meeting held on the 21st day of August 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this __ day of ___ 2024.

Genoveva Rocha, CMC, City Clerk
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: August 21, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23-11 (Ward 6)
Recommendation:

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

1. Adopt Resolution No. 2024-183 of the Mayor and City Council of the City of San Bernardino, California, considering an Environmental Impact Report, making Responsible Agency Findings, and adopting a Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, and an Addendum to the Environmental Impact Report (Attachment 1); and

2. Introduce, read by title only, and waive further reading of Ordinance No. MC1641 of the Mayor and City Council of the City of San Bernardino, California, approving Specific Plan Amendment 23-02 amending the CalMat/Cajon Creek Specific Plan Design Guidelines governing mining depths and areas within the City of San Bernardino Areas K, L, M, and N (Attachment 6); and

3. Adopt Resolution No. 2024-184 of the Mayor and City Council of the City of San Bernardino, California, approving Conditional Use Permit Revision 23-11 amending Conditional Use Permit 91-31/Reclamation Plan allowing the consolidation of the City’s Reclamation Plan with an updated Amended Reclamation Plan to allow for the continuation of an aggregate mining operation within the San Bernardino County Area Q and City of San Bernardino Areas K, L, M, and N on a project site containing approximately 530.5 acres located southwest of Cajon Boulevard between Institution Road to the north and Devils Creek Diversion Channel to the south within Specific Plan – CalMat/Cajon Creek Industrial Extractive and Industrial Light zone designations (Attachment 8); and

4. Schedule the adoption of the Ordinance for the regularly scheduled meeting of the Mayor and City Council on September 4, 2024.

Packet Page. 505
Executive Summary
With respect to the proposal for Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23-11, the proposed project will maintain and allow the continuation of an existing authorized aggregate (sand and gravel) mining operation within the City and County of San Bernardino’s jurisdictions in accordance with the Surface Mining and Reclamation Act (SMARA).

Background
On May 10, 1993, the City of San Bernardino approved the CalMat/Cajon Creek Specific Plan 90-01 that is a comprehensive planning and zoning document encompassing approximately 1,392 acres that authorized aggregate (sand and gravel) mining and related uses, industrial uses and open space; and Conditional Use Permit 91-31/Reclamation Plan that authorized mining and processing operations at the Cajon Creek Quarry on approximately 298 acres comprised of Areas L, M, and N, certified an Environmental Impact Report (California State Clearinghouse No. 1990020908/1993104312) for the CalMat/Cajon Creek Specific Plan and adopted the Mitigation Monitoring and Reporting Program.

On January 22, 1998, the City of San Bernardino approved the sequential development of the aggregate plant and the hot‐mix asphalt plant under Development Permit Type II 97-24.

On September 3, 2020, the County of San Bernardino approved a Zone Change, Conditional Use Permit and Reclamation Plan (PROJ-2019-00073) for mineral extraction in the area immediately south of the Cajon Creek Quarry known as Area Q to provide additional materials for ongoing operations at the Cajon Creek Quarry, certified an Environmental Impact Report (California State Clearinghouse No. 2020010528) for Area Q, and adopted the Mitigation Monitoring and Reporting Program.

On November 15, 2023, the City of San Bernardino, County of San Bernardino and Vulcan Materials Company – Western Division entered into a Memorandum of Understanding to agree and concur that the County of San Bernardino shall act as the Surface Mining and Reclamation (SMARA) and California Environmental Quality Act (CEQA) Lead Agency in accordance with State Law for the purposes of facilitating the processing of their independent entitlements, and consolidation of two (2) existing surface mining and processing operations under a single reclamation plan.

On May 23, 2024, the County of San Bernardino adopted the Addendum to the 1993 Cajon Creek Quarry Environmental Impact Report (EIR) and the 2020 Area Q EIR, and approved revision to the Area Q Quarry Mining Conditional Use Permit and combine and amend the Cajon Creek Quarry Reclamation Plan for Areas K, L, M, and N (MMRA-202300002).

On June 12, 2024, the Development and Environment Review Committee (DERC) of the City of San Bernardino recommended that Specific Plan Amendment 23-02 and Packet Page. 506
Conditional Use Permit Revision 23-11 move to the Planning Commission for consideration.

On July 9, 2024, the Planning Commission, by a vote of 9-0, adopted Resolution No. 2024-024 forwarding a recommendation that the Mayor and City Council (Attachment 10):

1. Approval of Specific Plan Amendment 23-02 and Conditional Use Permit Revision 91-31/Reclamation Plan and the CalMat/Cajon Creek Specific Plan’s Design Guidelines governing mining depths and areas; and, allow the consolidation of the City’s Reclamation Plan with an updated amended Reclamation Plan allowing for the continuation of aggregate mining operation within the San Bernardino County Area Q and the City of San Bernardino County Areas K, L, M, and N on a project site containing approximately 530.5 acres located southwest of Cajon Boulevard between Institution Road to the North and Devils Creek Diversion Channel to the South within the Specific Plan – CalMat/Cajon Creek Industrial Extractive and Industrial Light zone; and

2. Consider the Addendum to the Final Environmental Impact Report.

On August 9, 2024, a notice of the August 21, 2024 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The San Bernardino Sun newspaper on August 9, 2024, and was mailed to property owners and occupants of property within a 1,000 foot radius of the project site and interested parties in accordance with Development Code Chapter 19.52 (Hearings and Appeals) (Attachment 14).

Discussion
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development within the City. The proposed project is in compliance with General Plan Element Chapter 12 (Natural Resources and Conservation) where the following goal and policies align with mineral resources and extraction of those resources to meet the needs of the area:
✓ General Plan Goal 12.4 - Properly manage designated areas for mineral extraction to meet the needs of the area.
✓ General Plan Policies 12.4.1 - Continue to document current extraction sites, including sand and gravel quarries, including the status and duration of existing permits and approvals.
✓ General Plan Policies 12.4.5 - Require that the operation and reclamation of surface mines be consistent with the State Surface Mining and Reclamation Act (SMARA) and the Development Code.

With respect to the proposal for Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23-11, the proposed project will maintain the existing mining operation and utilize the significant amount of on-site mineral resources that have been Packet Page. 507
designated by the State, in such a manner at to be compatible with adjacent land uses.

Through the incorporation of mitigation measures and conditions of approval that will protect the existing operation and surrounding land uses, mineral extraction and processing activities will continue to be regulated and maintained in accordance with SMARA. Therefore, the proposed project is in compliance with the Specific Plan and Development Code requirements, and the City’s General Plan goals and policies.

Setting & Site Characteristics
The project site is southwest of Cajon Boulevard between Institution Road to the north and Devils Creek Diversion Channel to the south. The general project vicinity consists of industrial developments, undeveloped land, and residential neighborhood (Attachments 12 and 13).

The project site consists of the currently active Cajon Creek Quarry in Areas L, M, and N, and vacant land (to be developed for mining) in areas K and Q. The site currently includes existing mine pits and mining operations, aggregate and hot‐mix asphalt processing plants, and associated infrastructure (e.g., conveyors, internal haul roads, perimeter berms, etc.). The site is located on a broad alluvial fan with a gentle southeastern slope that extends southeast from the base of the San Bernardino Mountains and is underlain by alluvial fan deposits and older wash deposits.

Disturbances on-site are primarily due to the historic mining activities, and residential developments. Hydrologically, the project site is within the upper Santa Ana River drainage basin Runoff from the San Bernardino Mountains flows in several small streams, Lytle Creek, Cajon Creek and the Santa Ana River. Subsurface conditions at the Cajon Creek quarry are alluvial wash sediments consisting of predominantly dense silty sands and gravels. The existing topography immediately surrounding the Quarry is generally flat. Foothills of the San Bernardino Mountains are located approximately

3.0 miles to the northeast, and foothills of the San Gabriel Mountains are located approximately 4.0 miles to the northwest of the Quarry. The undeveloped Cajon Creek and Lytle Washes are located just west of the Quarry. Elevation on-site ranges from approximately 1,654‐feet above mean sea level (amsl) near street grade to 1,495‐feet amsl at the bottom of the quarries.

Table 1 below provides a summary of the surrounding land use characteristics of the subject site and surrounding properties.

LOCATION LAND USE ZONE GENERAL PLAN

DESIGNATION
Site
Mining, Vacant
Land, and
Residential
City of San Bernardino
Specific Plan –
CalMat/Cajon Creek (SPCC) Industrial Extractive
County of San Bernardino
– Community Industrial
City of San Bernardino
Specific Plan
County of San
Bernardino General
Industrial
North
Undeveloped Land
and Industrial
Development
City of San Bernardino
SP-CC
City of San Bernardino
Specific Plan
Packet Page. 508
South Muscoy/Residential
Neighborhoods
County of San Bernardino
MS/FW/Residential
(MS/RS-1), City of San
Bernardino Residential
Suburban
County of San
Bernardino Public
Facility – PF/Very Low
Density Residential
VLDR/ City of San
Bernardino Residential
West
Undeveloped
Land/Cajon
Wash/Lytle Creek
County of San Bernardino
MS/RS-1/FW Public Facility
East Industrial Facilities Industrial Light Industrial
Analysis
The City’s portion of the proposed project is located within the CalMat Cajon Creek Specific Plan (SP-CC) Industrial Extractive zone. In accordance with Chapter 19.68 (Surface Mining and Land Reclamation), the SP-CC allows for extraction of mineral resources subject to the approval of a Conditional Use Permit and Reclamation Plan.

Project-specific Conditions of Approval, and a Mitigation Monitoring and Reporting Program (MMRP) have been included as part of the proposed project.

The project applicant and operator (Vulcan Materials Company – Western Division) currently operates two (2) separate and adjacent aggregate surface mining and processing operations. The existing Cajon Creek Quarry, comprised of operational Areas K, L, M, and N lies entirely within the City of San Bernardino’s CalMat/Cajon Creek Specific Plan (SP-CC), and the Area Q Quarry is located within the unincorporated portion of San Bernardino County. The applicant has operated these adjacent facilities under two (2) separate entitlements and reclamation plans, one approved by the City in 1993 for the Cajon Creek Quarry (Areas L, M and N), and the other approved by the County in 2020 for the Area Q Quarry.

Vulcan now seeks amendments to the mining entitlements and to consolidate the Cajon Creek Quarry and the Area Q Quarry into one surface mining operation, referred to as the Cajon Creek Consolidated Quarry, under a single Reclamation Plan as recommended by the State Department of Conservation. The City and County of San Bernardino have agreed that the County will act as the lead agency pursuant to the Surface Mining and Reclamation Act (SMARA) for purposes of the consolidated and amended reclamation plan and lead agency under the California Environmental Quality Act (CEQA), while each jurisdiction maintains permitting authority for the proposed amendments to the existing operations and entitlements within its respective jurisdiction.

Therefore, the proposed project proposes changes to the existing operations and entitlement including the following:

1. Mining in Area K, currently designated for light industrial use, to a depth of 240 feet below ground surface (“bgs”);

2. Mining in Areas L, M and Q to a depth of 240 feet bgs, an increase from the currently permitted 120 feet bgs;
Packet Page. 509

3. Mining in the northern portion of Area N, currently designated for mineral processing, to a depth of 120 feet bgs, followed by mineral processing in Area N as Area M is mined to the 240-foot bgs depth; and

4. Mining the resources located between Areas K, L, and Q in one mining area, and M and N in another, creating two consolidated mining pits for efficient mineral resource recovery
Mining
Mining operations are proposed to take place on approximately 410.2 acres of the 530.5-acre parcel. No excavation of material, topsoil or subsoil will take place within 25‐ to 50‐feet of any adjacent public right‐of‐way (e.g., Southern Pacific Railroad tracks [SPRR], Cajon Boulevard, etc.) or within 50‐feet from other property lines adjacent to property not owned by Vulcan as previously approved. Excavation will also be setback a minimum of 50‐feet from Devil Creek Diversion Channel to the south. There are existing topsoil/subsoil and overburden storage berms along the eastern boundary of Area K and along the southern boundary of Area Q. These berms act as buffers between existing mining areas and the Devil Creek Diversion Channel/residential community of Muscoy the south, as well as Cajon Boulevard and industrial areas to the east. These existing berms, which have been constructed within the existing setback areas, will remain throughout the life of the mining operations to act as noise and visual barriers/buffers.

The mined material will continue to be processed and shipped from Vulcan’s existing permitted locations, including the Area M aggregate plant and the Area N hot‐mix asphalt plant. Initially, the existing and ongoing mining at Cajon Creek Quarry will continue to progress in Area L down to the target depth of 240‐feet below ground surface (bgs), followed by mining in adjoining Area K in the same manner to the same depth. After the material extraction in Area L and Area K is completed (i.e., reaches the target depth of 240‐feet bgs), consistent with the existing Specific Plan/City approvals, import and filling of certain portions of the existing excavation pits with clean/inert fill may occur. Following mining in Areas K and L, mining operations would continue to be conducted by extracting materials in the remaining pits, with overall progression from the consolidated pit formed by Area L, K and Q, followed by mining in Areas M and N. The area between Areas K, L, and Q would be mined. In the combined Area K, L, and Q pit, mining would take place as product demand and material quality dictates. An estimated 1.3 to 3.1 million tons/year of aggregates would be excavated annually with an estimated total of 144.1 million tons of aggregate mined over the course of the 70-year life of the mine.

Excavators and scrapers would be used to advance the pit floor downward to the final depth of 240‐feet bgs, while maintaining the appropriate side slope configuration, with final reclaimed side slopes of a maximum 2H:1V (horizontal to vertical) gradient or flatter. Similarly, the area between Areas M and N east of the SPRR tracks would be mined to form a single pit combining Areas M and N. The combined Area M and Area N pit would also be excavated to a final depth of 240‐feet bgs in Area M, while the northern portion of Area N would only be mined to a depth of approximately 120‐feet bgs, leaving a partial interior cut slope between the common boundary with Area M.

Packet Page. 510
The processing plant will remain in the Area M pit floor until other reserves have been exhausted in Areas K, L, Q, and N. At this point, the processing plant(s) would be dismantled and removed from Area M, so that the material located beneath the processing plant(s) can be accessed and excavated. The existing hot‐mix asphalt plant currently within Area N would also be dismantled and removed from the site prior to mining Area N. Finally, a portable processing plant would also be installed in Area N pit such that the material from beneath the current processing plant(s) in Area M can be extracted and processed onsite. The finished reclaimed slopes will be at a profile of 2H:1V (horizontal to vertical) or flatter.

As part of final reclamation, once surface grading is complete, the topsoil and subsoil stored in the perimeter/buffer berms will be moved and spread out onto the finished back-fill surface to aid in reestablishment of the topsoil profile in preparation for revegetation. Hours of operation will remain the same as they currently are at the Cajon Creek and Area Q quarries. Additionally, the number of onsite employees will remain consistent with the existing number of employees; however, consistent with existing operations, the exact number of onsite employees may fluctuate slightly with seasonal demand.

Reclamation
The Cajon Creek Consolidated Quarry Mine Reclamation Plan (Attachment 11) details the methods and procedures to be employed to reclaim all mining-related disturbed areas (478.2 acres) as shown in the Reclamation Plan Map. As with all surface mines subject to California’s Surface Mining and Reclamation Act of 1975, Public Resources Code Section (PRC) 2710 et seq. and California Code of Regulations Section 3500 et seq. (SMARA), a monitoring program and financial assurances will be required to ensure reclamation is completed in accordance with the approved Cajon Creek Consolidated Quarry Reclamation Plan. Reclamation is designed to diminish environmental impacts from mining operations by reclaiming the site into a beneficial, usable, post-mining condition. End uses include open space/habitat or re-establishing the prior land use. Mining features and all disturbed areas will be reshaped and revegetated to minimize aesthetic and biological impacts and to eliminate hazards to public health and safety.

Reclamation of the Cajon Creek Consolidated Quarry will be undertaken at the completion of mining operations. The Cajon Creek Consolidated Quarry Reclamation Plan is based on the proposed final reclamation design of 120‐feet to 240‐feet bgs mining pit floors, and stable side slopes with a maximum gradient of 2:1 (H:V), for use as open space. An updated Geotechnical Evaluation of the site was performed by Haley & Aldrich in 2022, which analyzed the mining/reclamation design of the consolidated pits (Haley & Aldrich, 2022). It is estimated that mining activities will terminate by (approximately) the end of 2093, depending upon market demand. Final site reclamation and revegetation is estimated to take approximately two years to complete following termination of mining (i.e., estimated to be completed by 2095).

Revegetation monitoring is anticipated to require an additional three (3) years, with final site reclamation completed around 2098.

Packet Page. 511
Once mining operations are complete, the final reclaimed site will remain 120‐ to 240‐foot pits with stable 2H:1V side‐slopes. As necessary to achieve the design 2H:1V pit wall reclaimed slopes, and to prepare the site for revegetation, minimal regrading/re‐contouring may be required. The reclaimed side‐slopes will be stabilized through revegetation via hydroseeding to reestablish native vegetation within the reclaimed site. Following cessation of mining and processing operations, the aggregates processing plant and hot‐mix asphalt plant, along with ancillary structures and equipment, would be decommissioned and removed from the site. Additionally, other temporary structures, such as the conveyor system connecting to processing plant(s) and ancillary facilities or a portable plant that would be used periodically within Areas M and N, will also be dismantled and removed during final reclamation. All onsite mobile equipment (e.g., loaders, dozers, scrapers, water truck, etc.) will be removed following the completion of reclamation activities. Any residual wastes (debris, revegetation materials, etc.) will also be removed and properly disposed of in accordance with applicable health and safety regulations and/or local ordinances. Any stockpiles or process fines or tailings remaining onsite would be spread throughout the reclamation areas prior to revegetation.

Revegetation Plan
The revegetation plan is based on proposed final reclamation for the eastern pit comprised of Areas K, L, and Q, and the western pit comprised of Areas M and N, which have respective 240‐foot‐deep mining pit floors, except for the northern portion of Area N which would be excavated to a target depth of 120‐feet bgs, and stable side slopes. Both pits will have final reclaimed side slope gradients of 2H:1V or flatter. The proposed final reclamation design for the site will create land suitable for a proposed end use as open space. The proposed revegetation seed mix includes a large percentage of native grassland species. Following completion of mining operations, the following typical sequence of revegetation activities will be undertaken:
• Re‐contouring of planting areas, if necessary;
• Control of invasive weeds;
• Placement of topsoil and subsoil;
• Installation of temporary irrigation systems, if necessary; • Installation of erosion control devices;
• Planting and seeding;
• Maintenance and monitoring; and
• Reporting.

Revegetation of the Cajon Creek Consolidated Quarry would be achieved by using a combination of site preparations, seeding activities, and ongoing maintenance procedures. The revegetation plan prepared for the site, which is presented below, generally addresses and defines the following components: description of planting zones, timing, soil preparation, weed control, planting, seeding materials and techniques, maintenance, implementation monitoring, establishment maintenance, horticultural monitoring, and biological monitoring. Revegetation activities will be conducted under the supervision of an experienced revegetation specialist. The Packet Page. 512
revegetation specialist will work closely with Vulcan operations personnel to assure that revegetation is accomplished according to applicable plans (e.g., City and County Conditions of Approval, this Reclamation Plan, etc.) and is consistent with revegetation efforts previously implemented within Area M. Any deviation from the applicable revegetation plans will be approved by the revegetation specialist prior to implementation. The revegetation specialist will be onsite during initiation of each revegetation task (e.g., site preparation, plant installation, seeding, etc.), and work will be monitored on a regular basis. The revegetation specialist will be required to keep activity logs to document the work accomplished and any issues encountered. These logs will be reviewed with the revegetation specialist on a weekly basis. The revegetation specialist will also prepare field memos to document the progress of revegetation.

The soils in the areas to be reclaimed will consist of placed layers of topsoil and subsoil, which will serve as the growing medium for revegetation. The objectives of the soil preparation are to loosen the soil surface to prepare a seedbed for hydroseeding. Prior to hydroseeding, the revegetation specialist will review the final contours, hydrology, and soils composition of the revegetation areas to determine the best locations for the plantings and to make any appropriate modifications to the overall revegetation plan.

Most of the topsoil and subsoil found onsite has already been removed and is currently stored within the perimeter berms located along the southern boundary of Area Q and the eastern boundary of Area K. Materials currently stored within the berms will be placed onto disturbed areas once mining is complete, to support revegetation. As such, prior to revegetation, the perimeter berms will be deconstructed, and topsoil/subsoil spread throughout the areas to be reclaimed and revegetated. Seeds will be sown by hydroseeding using the same methods currently approved for the Cajon Creek and Area Q quarries. Hydroseeding will consist of a hydraulic application of a homogeneous slurry mixture consisting of water, organic soil stabilizer, cellulose wood fiber, and seed. Once hydroseeded, the revegetation areas will be watered as needed with a watering truck and/or by hand. Once the plants are established, further artificial irrigation will not be necessary and will be discontinued. In general, hydroseeding in revegetation areas will be performed and completed between November 30th and January 30th of any given calendar year. All efforts will be made to plant during the time when beneficial temperatures and soil moisture will promote germination, establishment and growth of seeds and container plants. To ensure that weed species competition is controlled, the site will be inspected prior to revegetation implementation by the revegetation specialist. The revegetation specialist will also determine the most effective treatments for control of invasive species. If weed control activities are necessary, they will likely include a combination of treatments such as herbicide application, hand removal, and soil solarization. All weed control activities will be observed by the revegetation specialist. The revegetation specialist will instruct the weed eradication personnel in identification of native and weed species.

Mine Waste
Because the majority of the site is an existing and active aggregate mine, the majority Packet Page. 513
of topsoil/subsoil has already been removed and is stored in stockpiles and perimeter berms for future use during reclamation. Any topsoil and subsoil remaining within undisturbed areas will be removed as a separate layer prior to mining and stored within the existing stockpiles and berms, consistent with the current entitlements. Excavated materials not otherwise used for the production of aggregate products (e.g., tailings, overburden, sediment, unusable rock), would be handled onsite and placed into the pits, with exception of minimal topsoil/subsoil stored within the berms, which would be spread over disturbed areas as a revegetation growth medium. Any stockpiles or process fines or tailings remaining onsite would be spread throughout the reclamation areas prior to revegetation.

Consistent with the existing land use approvals, importing and filling certain portions of the existing excavation pits with clean/inert fill could raise portions of the final in‐pit grade. Additionally, process fines or other unusable materials may also be placed back into the excavation areas as needed in support of reclamation. Lastly, the existing bermed material is anticipated to be spread across the excavation areas to help facilitate revegetation efforts. Vulcan would continue to utilize the established import materials screening protocol to ensure any materials placed back into the excavation pits meet quality criteria.

Ore Processing
Aggregate will continue to be mined using existing onsite mobile equipment (excavators, loaders, dozers, etc.). Extracted materials will continue to be transferred via the existing onsite conveyor infrastructure. The mined material will continue to be processed and shipped from Vulcan’s existing permitted locations, including the Area M aggregate plant and the Area N hot‐mix asphalt plant currently approved under Conditional Use Permit 91‐31 and Development Permit Type II 97‐24. Mine materials extracted from the Cajon Creek Consolidated Quarry will continue to be transported via onsite conveyors to Vulcan’s permitted processing facilities. From there, the processed aggregate and asphalt would continue to be loaded into on‐road haul trucks and transported offsite to Vulcan’s other facilities or customers throughout the San Bernardino County region.

Truck Traffic and Dust Control
Vehicles will continue to access the Cajon Creek Consolidated Quarry using the existing access roads off Institution Road and Cajon Boulevard. These access points will continue to serve as the ingress and egress points for employees, haul trucks, and other work vehicles; however, other than local third‐party deliveries, haul trucks would not enter or exit the site via Cajon Boulevard. Existing security gates with the required signage will continue to be maintained on the access roads at the boundary of the site and locked during non‐working hours. Furthermore, the City’s Traffic Engineer reviewed the project and determined that further analysis was not required due to the fact that the project was previously analyzed, will maintain existing mitigation measures as outlined in the MMRP, and will maintain primary circulation within the existing internal roadways of the project site.

Packet Page. 514
The Project is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD Rule 403 (Fugitive Dust) and Rule 1157 (PM10 Emission Reductions from Aggregate and Related Operations) prescribe measures for the management of windblown dust and are incorporated in the project’s Conditions of Approval.

Noise and Vibration
The existing berms have been allowed to naturally revegetate and will continue to provide visual screening/noise buffers between mining operations and nearby residential and industrial developments throughout the life of operations at the Cajon Creek Consolidated Quarry.

Aesthetics
The large size of the pit and slope, along with revegetation requirements will have an end result with minimal aesthetic disturbance upon reclamation sign-off.

Water Production
During operations, water will continue to primarily be utilized for dust control, and for material washing within the aggregate plant. As needed, minimal quantities will also continue to be used to irrigate existing perimeter landscaping. The existing water well and 15,000‐gallon water tank, both located within Area M, will continue to supply water to the site. An additional water supply well that would draw from the Bunker Hill Subbasin may also be drilled onsite at a future date. Water for dust suppression and landscaping will continue to be transported throughout the site via a mobile water truck.

The quantity of water to be used at the consolidated site is expected to remain the same as what is currently used as part of Vulcan’s existing onsite operations. Because the annual production rate and footprint of the existing site would not change or increase, there also will be no change in annual water use as a result of the consolidation of the Cajon Creek and Area Q quarries. Water from the existing Area M well and future supply well will continue to be used for materials washing, dust control, landscaping, and reclamation activities.

Hours of Operation
Site operations will be conducted as needed intermittently primarily from 6:00 a.m. until 10:00 p.m., Monday through Saturday, consistent with the existing entitlements approved previously by the City and County. Onsite operations will continue to be limited to a 12‐hour period within the applicable hours of operation. All refuse shall continue to be disposed of into approved trash bins and removed by the operator or a commercial vendor.

California Environmental Quality Act (CEQA)
On May 10, 1993, the Mayor and City Council certified the Final Environmental Impact Report (California State Clearinghouse No. 1990020908 and 1993104312) and adopted the Mitigation Monitoring and Reporting Program for the CalMat/Cajon Creek Specific Plan that included mining (Specific Plan 90-01 and Conditional Use Permit 91- 31/Reclamation Plan). Subsequently, on September 3, 2020, the County of San Packet Page. 515
Bernardino certified the Final Environmental Impact Report (California State Clearinghouse No. 2020010528) and the Mitigation Monitoring and Reporting Program for Area Q, allowing mining. In accordance with Section 15164 (Addendum to an EIR) of CEQA, an Addendum was prepared to re-evaluate the potential environmental impacts (Attachment 1). The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the previous 1993 and 2020 Final EIRs (Attachment 1), and all mitigation measures previously adopted, Mitigation Monitoring and Reporting Program, and the Addendum are included for this project.
2021-2025 Strategic Targets and Goals
Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23-11 aligns with Key Strategic Goal 4, Economic Growth and Development. Mineral deposits are important to many industries, including construction and transportation. The value of mineral deposits is enhanced by their close proximity to urban areas. However, these mineral deposits are endangered by the same urbanization that enhances their value.

The non-renewable characteristic of mineral deposits necessitates careful and efficient development to prevent the unnecessary waste of these deposits due to careless exploitation and uncontrolled urbanization. Management of these mineral resources will protect not only future development of mineral deposit areas but will also guide the exploitation of mineral deposits so that adverse impacts caused by mineral extraction will be reduced or eliminated. Mineral extraction is an important component of San Bernardino’s economy. In 1975, the State legislature adopted the Surface Mining and Reclamation Act (SMARA). The proposed project site is one of those areas designated as having a significant mineral deposit that meets the State criteria for value and marketability. The proposed project will aim at ensuring that the mineral deposits are extracted to provide a resource for future development and ensure that such deposits are extracted safely.

Fiscal Impact
There is no financial impact associated with this item.

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

2. Introduce, read by title only, and waive further reading of Ordinance No. MC1641 of the Mayor and City Council of the City of San Bernardino, California, approving Specific Plan Amendment 23-02 amending the CalMat/Cajon Creek Specific Plan Design Guidelines governing mining depths and areas within the City of San Bernardino Areas K, L, M, and N (Attachment 6); and Packet Page. 516

4. Schedule the adoption of the Ordinance for the regularly scheduled meeting of the Mayor and City Council on September 4, 2024.

Attachments
Attachment 1 Resolution No. 2024-183 (Responsible Agency Action) Attachment 2 Resolution No. 2024-183 (Responsible Agency Action), Exhibit A – Addendum to the Final Environmental Impact
Report
Attachment 3 Resolution No. 2024-183 (Responsible Agency Action), Exhibit B - Environmental Impact Report CalMat/Cajon
Creek Specific Plan Project California State
Clearinghouse No. 1990020908/1993104312)
Attachment 4 Resolution No. 2024-183 (Responsible Agency Action), Exhibit C – Environmental Impact Report for Area Q
California State Clearinghouse No. 2020010528)
Attachment 5 Resolution No. 2024-183 (Responsible Agency Action), Exhibit D – Environmental Findings and Mitigation
Monitoring and Reporting Program
Attachment 6 Ordinance No. MC-1641 (Approving Specific Plan Amendment 23-02)
Attachment 7 Ordinance No. MC-1641 (Approving Specific Plan Amendment 23-02), Exhibit A – Plans
Attachment 8 Resolution No. 2024-184 (Approving Conditional Use Permit Revision 23
Attachment 9 Resolution No. 2024-184 (Approving Conditional Use Permit Revision 23-11, Exhibit A – Plans
Attachment 10 Planning Commission Resolution No 2024-024 (Ratified Resolution)
Attachment 11 Cajon Creek Consolidated Quarry Mine Reclamation Plan Attachment 12 Aerial Map
Attachment 13 Location/Zoning Map
Attachment 14 Newspaper Publication
Attachment 15 Power Point
Ward:

Packet Page. 517
Sixth Ward
Synopsis of Previous Council Actions:

None
Packet Page. 518
Resolution No. 2024-183
Resolution 2024-183
August 21, 2024

Page 1 of 6 ends

5 0
2 2
RESOLUTION NO. 2024-183

A RESOLUTION OF THE CITY OF SAN BERNARDINO

CONSIDERING AN ENVIRONMENTAL IMPACT

REPORT, MAKING RESPONSIBLE AGENCY FINDINGS,

AND ADOPTING A STATEMENT OF OVERRIDING

CONSIDERATIONS, MITIGATION MONITORING AND

REPORTING PROGRAM, AND AN ADDENDUM TO THE

ENVIRONMENTAL IMPACT REPORT FOR THE CAJON

CREEK CONSOLIDATION PROJECT
WHEREAS, in 1993 the City of San Bernardino (“City”), as lead agency, prepared and certified the 1993 CalMat Cajon Creek Specific Plan (SP No. 90-01, et al.) (“1993 EIR”) and approved the Cajon Creek Specific Plan (“Specific Plan”). The City reviewed, studied and found by the City Council that the Specific Plan and the EIR comply with the California Environmental Quality Act (“CEQA”) (Public Resources Code, § 21000 et seq. and California Code of Regulations, title 14, § 15000 et seq.); and
WHEREAS, on May 10, 1993, the City also adopted Environmental Findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations pursuant to CEQA; and
WHEREAS, the Specific Plan is a comprehensive planning and zoning document encompassing approximately 1,392 acres that authorized aggregate (sand and gravel) mining and related uses, industrial uses, and open space. The Specific Plan is divided into 16 individual planning areas denominated by letters (Area A through Area P); and WHEREAS, the Specific Plan, along with associated permits, authorizes mining and processing operations at the Cajon Creek Quarry (comprising of Areas L, M, and N) on approximately 298 acres. The Specific Plan also authorizes light industrial uses on Area K, which are intended, among other things, to screen the eastern boundary of existing mining operations at the Cajon Creek Quarry; and
WHEREAS, in 2020, the County of San Bernardino, as lead agency, prepared and certified an EIR for the Area Q Quarry (“2020 EIR”), and found EIR complies with the California Environmental Quality Act (“CEQA”) (Public Resources Code, § 21000 et seq. and California Code of Regulations, title 14, § 15000 et seq.); and WHEREAS, on September 3, 2020, the County of San Bernardino also adopted Environmental Findings, and a Mitigation Monitoring and Reporting Program pursuant to CEQA; and
WHEREAS, as mineral production progresses at the Cajon Creek Quarry, Vulcan Materials Company – Western Division intends to mine in Area Q to provide additional materials for ongoing operations at the Cajon Creek Quarry; and WHEREAS, Specific Plan areas (Areas K, L, M, and N) and Area Q are designated by Packet Page. 519
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the State of California as deposits of Regional Significance. In California, this designation is the highest form of recognition for the importance of aggregate deposits; and WHEREAS, the proposed project involves the operation of two separate and adjacent aggregate surface mining and processing operations in the City and the County of San Bernardino. The existing Cajon Creek Quarry is located in the City. The existing Area Q Quarry is located in the County of San Bernardino. In order to increase the efficiency of Vulcan’s two mining operations, Vulcan plans to combine these two operations into one quarry with one Surface Mining and Reclamation Action of 1975 (SMARA) Reclamation Plan. The consolidation of the Cajon Creek Quarry with the Area Q Quarry is the project (“Project”) subject to environmental review.

WHEREAS, the Project proposes changes to existing operations and entitlements including the following:

1. Mining in Area K, currently designated for light industrial use, to a depth of 240 feet below ground surface (“bgs”);

2. Mining in Areas L, M and Q to a depth of 240 feet bgs, an increase from the currently permitted 120 feet bgs;

4. Mining the resources located between Areas K, L, and Q in one mining area, and M and N in another, creating two consolidated mining pits for efficient mineral resource recovery.

WHEREAS, no other changes to the operation are proposed; and WHEREAS, the County prepared an Addendum to the 1993 EIR and 2020 EIR; and WHEREAS, the Addendum identified the City as a responsible agency; and WHEREAS, the purpose of this Resolution is to identify the City as a potential Responsible Agency; and
WHEREAS, the City has determined that none of the conditions requiring preparation of a subsequent or supplemental EIR as specified in State CEQA Guidelines section 15162(a) arise in connection with this modification and that preparation of an addendum to the project EIRs is appropriate; and
WHEREAS, the City has reviewed the EIRs and Addendum and all other relevant information regarding the Project; and
WHEREAS, the City, considering the EIRs, Environmental Findings, Mitigation Monitoring and Reporting Programs, and the Statement of Overriding Considerations, and after Packet Page. 520
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evaluating the environmental impacts associated with the Project and the Addendum, has concluded that none of the conditions requiring preparation of a subsequent or supplemental EIR have occurred and that an addendum to the project EIRs is appropriate.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bernardino as follows:

SECTION 1. Findings on EIR and Addendum. As the decision-making body for the Cajon Creek Consolidation Project and in the City’s limited role as a responsible agency under CEQA, the City Council has reviewed and considered the information contained in the Addendum, the EIRs, Environmental Findings, Mitigation Monitoring and Reporting Programs, and a Statement of Overriding Considerations, and supporting documentation. Based on this review, the City Council finds that, as to those potential environmental impacts within the City’s powers and authorities as responsible agency, that the EIRs contain a complete, objective, and accurate reporting of those potential impacts, that there are no environmental impacts associated with the modification to the Project stated in the Addendum, and that these findings reflect the independent judgment and analysis of the City Council. The City Council further finds that the Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The Addendum, the Final Environmental Impact Report for the CalMat Cajon Creek Specific Plan, the Final Environmental Impact Report for the Area Q Quarry, and the Environmental Findings and Mitigation Monitoring and Reporting Program are attached hereto as Exhibits “A,” “B,” “C,” and “D” respectively, and are incorporated by reference as if fully set forth herein.

SECTION 2. Compliance with the California Environmental Quality Act. Based on the Addendum, the EIRs, Environmental Findings, Mitigation Monitoring and Reporting Programs, the Statement of Overriding Considerations, and all related information presented to the City Council, the City Council finds that the preparation of a subsequent or supplemental EIR is not required because the modification specified in the Addendum: (1) does not constitute substantial changes to the Project that will require major revisions of the 1993 EIR or 2020 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) does not constitute substantial changes with respect to the circumstances under which the Project is administered that will require major revisions of the 1993 EIR or 2020 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and (3) does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the 1993 EIR or 2020 EIR was certified, that shows any of the following: (a) the modification will have one or more significant effects not discussed in the 1993 EIR or 2020 EIR; (b) significant effects previously examined will be substantially more severe than shown in the 1993 EIR or 2020 EIR; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City Council declined to adopt such measures; or (d) mitigation measures or alternatives considerably different from those analyzed in the 1993 EIR or 2020 EIR would substantially reduce one or more significant effects on the environment, but which the City Council declined to adopt.

SECTION 3. Findings on Environmental Impacts and Statements of Overriding Considerations. In its limited role as a responsible agency under CEQA, the City Council finds Packet Page. 521
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that there are no feasible alternatives to the proposed Project which would avoid or substantially lessen the Project’s potentially significant environmental impacts but still achieve most of the Project’s objectives. The City Council further finds that there are no additional feasible mitigation measures within the City’s authority which would eliminate or reduce the Project’s potentially significant impacts to a level of less than significant. . SECTION 4. Approval of the Project and Addendum. As required by State CEQA Guidelines Section 15096 and its role as responsible agency under CEQA, the City Council hereby approves the Cajon Creek Consolidation Project and the Addendum to the same.

SECTION 5. Adoption of Mitigation Monitoring and Reporting Program. The City Council hereby approves and adopts the Mitigation Monitoring and Reporting Program prepared for the Project and approved by the County of San Bernardino, and included within its written Findings.

SECTION 6. Notice of Determination. The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Determination with the Clerk of the Board of San Bernardino County and the Office of Planning and Research within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.

SECTION 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution and the above findings have been based are located at the City of San Bernardino, 290 North D Street, San Bernardino, CA 92401.

SECTION 8. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 9. Execution of the Resolution. The Mayor of the City of San Bernardino shall sign this Resolution and the City Clerk shall certify the adoption thereof.

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APPROVED AND ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of August, 2024. ________________________________
Helen Tran
Mayor, City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-183, adopted at a regular meeting held on the 21st day of August 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this __ day of ___ 2024.

Genoveva Rocha, CMC, City Clerk
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ORDINANCE NO. MC-1641
1 ORDINANCE NO. MC-1641

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING SPECIFIC PLAN AMENDMENT 23-02

AMENDING THE CALMAT/CAJON CREEK SPECIFIC
PLAN 90-01 DESIGN GUIDELINES GOVERNING MINING

DEPTHS AND AREAS WITHIN THE CITY OF SAN

BERNARDINO AREAS K, L, M, AND N, PURSUANT TO AN

ADDENDUM TO THE FINAL ENVIRONMENTAL IMPART
REPORT.

WHEREAS, on May 10, 1993, the City of San Bernardino approved the CalMat/Cajon Creek Specific Plan 90-01 that is a comprehensive planning and zoning document encompassing approximately 1,392 acres that authorized aggregate (sand and gravel) mining and related uses, industrial uses and open space; and Conditional Use Permit 91-31/Reclamation Plan that authorized mining and processing operations at the Cajon Creek Quarry on approximately 298 acres comprised of Areas L, M, and N, certified an Environmental Impact Report (California State Clearinghouse No. 1990020908/1993104312) for the CalMat/Cajon Creek Specific Plan and adopted the Mitigation Monitoring and Reporting Program; and WHEREAS, on January 22, 1998, the City of San Bernardino approved the sequential development of the aggregate plant and the hot‐mix asphalt plant under Development Permit Type II 97-24; and
WHEREAS, on September 3, 2020, the County of San Bernardino approved a zone change, conditional use permit and reclamation plan (PROJ-2019-00073) for mineral extraction in the area immediately south of the Cajon Creek Quarry known as Area Q to provide additional materials for ongoing operations at the Cajon Creek Quarry, certified an Environmental Impact Report (California State Clearinghouse No. 2020010528) for Area Q and adopted the Mitigation Monitoring and Reporting Program; and
WHEREAS, together, Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23-11 constitute the Cajon Creek Consolidated Quarry Mine Reclamation Plan (“Project”); and
WHEREAS, Specific Plan Amendment 23-02 is a request to amend the CalMat/Cajon Creek Specific Plan Design Guidelines governing mining depths and areas within the City of San Bernardino Areas K, L, M, and N; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21069, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15381, the City of San Bernardino is the Responsible Agency for the Project; and
WHEREAS, pursuant to requirements of Section 15164(b) (Addendum to an EIR) of the California Environmental Quality Act, the Planning Division of the Community Development and Packet Page. 566
ORDINANCE NO. MC-1641
2 Housing Department accepted the Addendum to the Final EIR prepared by Sespe Consulting on behalf of and submitted by the applicant for Project; and WHEREAS, On June 12, 2024, the Development and Environment Review Committee of the City of San Bernardino recommended that Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23-11 move to the Planning Commission for consideration.

WHEREAS, on July 9, 2024, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and, by a vote of 9-0, adopted Resolution No. 2024-024 forwarding a recommendation that the Mayor and City Council recommending approval of Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23-11 amending Conditional Use Permit 91-31/Reclamation Plan and the CalMat/Cajon Creek Specific Plan’s Design Guidelines governing mining depths and areas; and, allow the consolidation of the City’s Reclamation Plan with an updated Amended Reclamation Plan allowing for the continuation of an aggregate mining operation within the San Bernardino County Area Q and City of San Bernardino Areas K, L, M, and N on a project site containing approximately 530.5 acres located southwest of Cajon Boulevard between Institution Road to the north and Devils Creek Diversion channel to the south within Specific Plan – Calmat/Cajon Creek Industrial Extractive And Industrial Light; and consider the Addendum to the final Environmental Impact Report under the California Environmental Quality Act; and WHEREAS, notice of the August 21, 2024, public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on August 10, 2024, and was mailed to property owners and occupants of property within a 1,000- foot radius of the project site and interested parties in accordance with Development Code Chapter

19.52 (Hearings and Appeals); and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the Addendum to the Final Environmental Impact Report or additional environmental review under State CEQA Guidelines Section 15164; and
WHEREAS, pursuant to the requirements of Chapter 19.64 (Specific Plans) and Chapter

19.68 (Surface Mining and Land Reclamation) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Specific Plan Amendment 23-02 would be considered.

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

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

SECTION 2. Compliance with the California Environmental Quality Act. Based on the Addendum, the EIRs, Environmental Findings, Mitigation Monitoring and Reporting Programs, the Statement of Overriding Considerations, and all related information presented to the City Council, the City Council finds that the preparation of a subsequent or supplemental EIR is not Packet Page. 567
ORDINANCE NO. MC-1641
3 required because the modification specified in the Addendum: (1) does not constitute substantial changes to the Project that will require major revisions of the 1993 EIR or 2020 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) does not constitute substantial changes with respect to the circumstances under which the Project is administered that will require major revisions of the 1993 EIR or 2020 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and (3) does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the 1993 EIR or 2020 EIR was certified, that shows any of the following: (a) the modification will have one or more significant effects not discussed in the 1993 EIR or 2020 EIR; (b) significant effects previously examined will be substantially more severe than shown in the 1993 EIR or 2020 EIR; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City Council declined to adopt such measures; or (d) mitigation measures or alternatives considerably different from those analyzed in the 1993 EIR or 2020 EIR would substantially reduce one or more significant effects on the environment, but which the City Council declined to adopt.

SECTION 3. Finding of Facts – Specific Plan Amendment 23-02 Finding No. 1: The proposed plan is consistent with the General Plan.

Finding of Fact: The CalMat/Cajon Creek Specific Plan is a comprehensive planning and zoning document encompassing approximately 1,392 acres that laid out sixteen (16) planning areas (A-P), with development standards, guidelines, and authorized aggregate (sand and gravel) mining and related uses. The plan contains land use designation tailored to closely to the topography, the vegetation, the natural resources, and the public infrastructure of the Specific Plan area. Areas within the plan have been designated by the State of California as aggregate deposits of regional significance and thus the plan as a regulatory document serves as a zoning ordinance allowing for the safe extraction of those resources. Additionally, the City of San Bernardino General Plan includes primary goals and policies to guide future development within the City. Accordingly, the Specific Plan provides a detailed explanation of the Specific Plan’s relationship to the City’s General Plan, including a comparison of goals, objectives and policies.

Specific Plan Amendment 23-02 proposes to amend the design guidelines governing mining depths and areas to allow for mining in Area K to a depth of 240 feet below ground surface (bgs), mining in Areas L and M to a depth of 240 bgs (an increase of the permitted 120 bgs), mining in the northern portion of Area N (currently designated for mineral processing) to a depth of 120 bgs, and mining the resources between Areas K, L and the County of San Bernardino’s Area Q. The Specific Plan’s zone designation is Industrial Extractive and Industrial Light and allows for the existing mining activity and proposed amendments as requested. With the approval of Specific Plan Amendment 23-02, as proposed the areas will be consistent with the City’s General Plan.

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

Finding of Fact: The CalMat/Cajon Creek Specific Plan established a land use and development framework on public infrastructure that respects the City’s natural resources and established an industrial corridor that preserves those resources. The Specific Plan is intended to encourage and capitalize on those industries that provide key industrial services while protecting the non-renewable characteristic of mineral deposits for safe extraction that is an important component to the regional economy.

The Specific Plan is not detrimental to the public interest, health, safety, convenience, or welfare of the City in that the primary purpose of the Specific Plan is to provide a vision and implementation program for the future development of vacant or under-utilized properties within Specific Plan boundaries and contains a comprehensive set of goals, objectives, strategies and guidelines to be used by the City to support, attract, facilitate and maintained development while preserving the environmental environs.

Additionally, the Specific Plan will be maintained in accordance with all the mitigation measures contained in within the Mitigation Monitoring and Reporting Program, all Conditions of Approval and all Standard Requirements as outlined in the Specific Plan. Therefore, Specific Plan Amendment 23-02 as proposed would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding No. 3: The subject properties are physically suitable for the requested land use designations and the anticipated land use developments.

Specific Plan Amendment 23-02 proposes to amend the design guidelines governing mining depths and areas to allow for mining in Area K to a depth of 240 feet below ground surface (bgs), mining in Areas L and M to a depth of 240 bgs (an increase of the permitted 120 bgs), mining in the northern portion of Area N (currently designated for mineral processing) to a depth of 120 bgs, mining the resources between Areas K, L and the County of San Bernardino’s Area Q. The Specific Plan’s zone designation is Industrial Extractive and Industrial Light and allows for the existing mining activity and proposed amendments as requested. Therefore, the project site is physically suitable for the requested land use designation and the proposed land use development with the approval of Specific Plan Amendment 23-

02. Packet Page. 569
ORDINANCE NO. MC-1641
5 Finding No. 4: The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood.

Finding of Fact: The CalMat/Cajon Creek Specific Plan is intended to encourage and capitalized on those industries that provide key industrial services while protecting the non-renewable characteristic of mineral deposits for safe extraction that is an important component to the regional economy. The land use plan accommodates for the increase in those developments and resource extractions and establishes sixteen (16) planning areas (A-P), that guide future development of those properties throughout the project area.

Specific Plan Amendment 23-02 proposes to amend the design guidelines governing mining depths and areas to allow for mining in Area K to a depth of 240 feet below ground surface (bgs), mining in Areas L and M to a depth of 240 bgs (an increase of the permitted 120 bgs), mining in the northern portion of Area N (currently designated for mineral processing) to a depth of 120 bgs, mining the resources between Areas K, L and the County of San Bernardino’s Area Q to allow for mining resources located between Areas K, L, and Q (County of San Bernardino’s Area) in one mining area, and M and N in another, creating two consolidated mining pits for efficient mineral resource recovery, which is an operation that is vital for development and will be compatible with existing and proposed development in the surrounding neighborhood with the implementation of the Reclamation Plan.

Finding No. 5: The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.

Furthermore, the Specific Plan intended to encourage and capitalized on those industries that provide key industrial services while protecting the non-renewable characteristic of mineral deposits for safe extraction that is an important component to the regional economy.

Specific Plan Amendment 23-02 proposes to amend the design guidelines governing mining depths and areas to allow for mining in Area K to a depth of 240 feet below ground surface (bgs), mining in Areas L and M to a depth of 240 bgs (an increase of the permitted 120 bgs), mining in the northern portion of Area N (currently designated for mineral processing) to a depth of 120 bgs, mining the resources between Areas K, L and the County of San Bernardino’s Area Q to allow for mining resources located between Areas K, L, and Q (County of San Bernardino’s Area) in one mining area, and M and N in another, creating two consolidated mining pits for efficient mineral resource recovery, which is an operation that is vital for development which Packet Page. 570
ORDINANCE NO. MC-1641
6 contributes to a balance of land use with the approval of the Specific Plan Amendment 23-02.

SECTION 4. Specific Plan Amendment 23-02 is a request to amend the CalMat/Cajon Creek Specific Plan Design Guidelines governing mining depths and areas within the City of San Bernardino Areas K, L, M, and N, attached hereto and incorporated herein by reference as Exhibit A, is hereby approved.

SECTION 5. Notice of Determination: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Determination with the Clerk of the Board of San Bernardino County and the Office of Planning and Research within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.

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

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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ORDINANCE NO. MC-1641
7 CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1641, adopted at a regular meeting held on the __ day of __ 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this __ day of ___ 2024.

Genoveva Rocha, CMC, City Clerk
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Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024

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RESOLUTION NO. 2024-184

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT REVISION 23-
11 AMENDING CONDITIONAL USE PERMIT 91-
31/RECLAMATION PLAN GOVERNING MINING DEPTHS

AND AREAS ALLOWING THE CONSOLIDATION OF THE
CITY’S RECLAMATION PLAN WITH AN UPDATED

AMENDED RECLAMATION PLAN ALLOWING FOR THE

CONTINUATION OF AN AGGREGATE MINING

OPERATION WITHIN THE SAN BERNARDINO COUNTY

AREA Q AND CITY OF SAN BERNARDINO AREAS K, L,

M, AND N ON A PROJECT SITE CONTAINING
APPROXIMATELY 530.5 ACRES LOCATED SOUTHWEST

OF CAJON BOULEVARD BETWEEN INSTITUTION ROAD

TO THE NORTH AND DEVILS CREEK DIVERSION
CHANNEL TO THE SOUTH WITHIN SPECIFIC PLAN –

CALMAT/CAJON CREEK INDUSTRIAL EXTRACTIVE

AND INDUSTRIAL LIGHT, PURSUANT TO AN

ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT
REPORT.

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WHEREAS, Conditional Use Permit Revision 23-11 amending Conditional Use Permit 91-31/Reclamation Plan governing mining depths and areas allowing the consolidation of the City’s Reclamation Plan with an updated amended Reclamation Plan allowing for the continuation of an aggregate mining operation within the San Bernardino County Area Q and City of San Bernardino Areas K, L, M, and N; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21069, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15381, the City of San Bernardino is the Responsible Agency for the Project; and
WHEREAS, pursuant to requirements of Section 15164(b) (Addendum to an EIR) of the California Environmental Quality Act, the Planning Division of the Community Development and Housing Department accepted the Addendum to the Final EIR prepared by Sespe Consulting on behalf of and submitted by the applicant for Project; and WHEREAS, On June 12, 2024, the Development and Environment Review Committee of the City of San Bernardino recommended that Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23-11 move to the Planning Commission for consideration.

19.52 (Hearings and Appeals); and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the Addendum to the Final Environmental Impact Report or additional environmental review under State CEQA Guidelines Section 15164; and
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WHEREAS, pursuant to the requirements of Chapter 19.64 (Specific Plans) and Chapter

19.68 (Surface Mining and Land Reclamation) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Conditional Use Permit Revision 23-11 would be considered.

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

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

SECTION 3. Findings of Fact – Conditional Use Permit Revision 23-11 Section 19.36.050 (Findings) of the City of San Bernardino Development Code requires that Conditional Use Permit applications meet certain findings prior to the approval by the Mayor and City Council. Accordingly, the following findings are provided in support of the recommendation by the Mayor and City Council for the approval of Conditional Use Permit Revision 23-11:

Finding No. 1: The proposed use is conditionally permitted within, and would not impair the integrity or character of, the subject land use district and complies with all of the applicable provisions of the Development Code.

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Finding of Fact: With the concurrent approval of the Specific Plan Amendment 23-02, the proposed project to amend Conditional Use Permit 91-31/Reclamation Plan allowing for the continuation of mining activity is a permitted use within the CalMat/Cajon Creek Specific Plan, subject to the approval of a Conditional Use Permit within appropriate Conditions of Approval and Mitigation Measures. The proposal under Conditional Use Permit Revision 23-11 will be developed in compliance with all of the Conditions of Approval and Mitigation Measures.

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

Finding of Fact: General Plan Goal 12.4 - Properly manage designated areas for mineral extraction to meet the needs of the area.

General Plan Policies 12.4.1 - Continue to document current extraction sites, including sand and gravel quarries, including the status and duration of existing permits and approvals.

General Plan Policies 12.4.5 - Require that the operation and reclamation of surface mines be consistent with the State Surface Mining and Reclamation Act (SMARA) and the Development Code.

The proposed project will maintain the existing mining operation and utilize the significant amount of on-site mineral resources that have been designated by the State, in such a manner as to be compatible with adjacent land uses. Through the incorporation of mitigation measures and conditions of approval that will protect the existing operation and surrounding land uses, mineral extraction and processing activities will continue to be regulated and maintained in accordance with SMARA. Therefore, the proposed project is in compliance with the Specific Plan and Development Code requirements, and the City’s General Plan goals and policies.

Additionally, the proposed project is a permitted use within the proposed CalMat/Cajon Creek Specific Plan, subject to the approval of a Conditional Use Permit with appropriate Conditions of Approval and Mitigation Measures, in which with the concurrent approval of Specific Plan Amendment 23-02, in consistent within the Industrial Extractive and Industrial Light zone designation set forth by the Specific Plan Land Use Map.

Finding No. 3: Approval of the Conditional Use Permit for the proposed use complies with the requirements of the CEQA and §19.20.030(6) of the Development Code.

Finding of Fact: In accordance with Section 15164 (Addendum to an EIR), an Addendum was prepared for the previously analyzed and certified 1993 and 2020 Final Packet Page. 583
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EIRs in conjunction with the approval of the City of San Bernardino’s CalMat/Cajon Creek Specific Plan (1993 EIR) and the County of San Bernardino’s Area Q (2020 EIR). The potential impact to adjacent properties was thoroughly reviewed as part of the Addendum to both the 1993 and 2020 Final EIRs and the proposed project will introduce no new significant environmental impact beyond those previously analyzed, and all mitigation measures previously adopted, the Mitigation Monitoring and Reporting Program, and the Addendum are included for this project.

Finding No. 4: There will be no potentially significant negative impacts on environmental quality or natural resources that could not be properly mitigated and monitored.

Finding of Fact: In accordance with Section 15063 of the California Environmental Quality Act (CEQA), the environmental impacts were previously analyzed and certified by the 1993 and 2020 Final EIRs in conjunction with the approval of the City of San Bernardino’s CalMat/Cajon Creek Specific Plan (1993 EIR) and the County of San Bernardino’s Area Q (2020 EIR). The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the certified 1993 and 2020 Final EIRs, and all mitigation measures previously adopted with the certified Final 1993 and 2020 EIRs and the Addendum are incorporated herein by this reference.

Furthermore, the project will continue operations consistent with the projects that were previously analyzed in the 1993 and 2020 Final EIRs, with some minor variations. Therefore, the Addendum is appropriate and in compliance with CEQA to account for the minor technical changes or additions to previously analyzed projects.

Finding No. 5: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: With the approval of Specific Plan Amendment 23-02, the Conditional Use Permit Revision 23-11 to allow for the continuation of the mining operation on the existing site will continue to conform to all applicable development standard and land use regulations as outlined in the CalMat/Cajon Creek Specific Plan. Therefore, the design of the project, in conjunction with the recommended Conditions of Approval and Mitigation Measures, will ensure that the proposal will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor will it be averse 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 Packet Page. 584
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neighborhood to the benefit of the public interest and general welfare of the City.

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

Finding of Fact: With the concurrent approval of Specific Plan Amendment 23-02, Conditional Use Permit Revision 23-11 to allow for the continuation of the mining operation on the existing site is permitted within the CalMat/Cajon Creek Specific Plan Industrial Extractive and Industrial Light zone designations with appropriate Conditions of Approval and CEQA determination. The existing project area is sufficient in size to accommodate the existing mining operation as proposed. Therefore, the subject site is physically suitable for the proposal.

Finding of Fact: There are adequate provisions for public access, public utilities, and public services for the proposed truck and trailer storage facility. The existing site is located adjacent to and already served by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval and Mitigation Measures, the proposed mining operation will not be detrimental to public services or public health and safety.

SECTION 4. Findings of Fact – Reclamation Plan.

Section 19.68.110 (Findings) of the City of San Bernardino Development Code requires that Reclamation Plans meet certain findings prior to the approval by the Mayor and City Council.

Accordingly, the following findings are provided in support of the recommendation by the Mayor and City Council for the approval of the Amended Reclamation Plan:

Finding No. 1: That the Reclamation Plan complies with SMARA Sections 2772 and 2773, and any other applicable provisions.

Finding of Fact: The Cajon Creek Consolidated Quarry Reclamation Plan was reviewed and conditioned for compliance with SMARA. The Cajon Creek Consolidated Quarry Reclamation Plan was reviewed and accepted by the California Department of Conservation Division of Mine Reclamation as being compliant with SMARA.

Finding No. 2: That the Reclamation Plan complies with applicable requirements of State regulations (CCR §3500-3505 and §3700-3713).

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Mayor and City CouncilAugust 21, 2024

Mayor and City Council
August 21, 2024