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RESOLUTION NO. 2017- 257
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 17- 26 REVISED CONDITIONAL USE PERMIT 11- 13) AND REVISED SUBDIVISION 11- 03 ( REVISED TENTATIVE TRACT MAP 18829) FOR THE DEVELOPMENT,
ESTABLISHMENT AND OPERATION OF THE ARROWHEAD GROVE PROJECT
FORMERLY KNOWN AS THE WATERMAN GARDENS PROJECT) ON A SITE COMPRISED OF FOUR ( 4) PARCELS CONTAINING A TOTAL OF
APPROXIMATELY 39. 36 ACRES LOCATED AT THE SOUTHEAST CORNER OF
WATERMAN AVENUE AND BASELINE STREET WITHIN THE BOUNDARIES OF THE WATERMAN + BASELINE NEIGHBORHOOD TRANSFORMATION
SPECIFIC PLAN
WHEREAS, on February 18, 2014, the Mayor and Common Council adopted Resolution 20114- 39 thereby certifying the Final Environmental Impact Report and Mitigation Monitoring and Reporting Program and approving Conditional Use Permit 11-13 and Subdivision 11-03 (Tentative Tract Map 18829); and
WHEREAS, on December 19, 2016, the Mayor and City Council adopted Resolution 2016- 256 thereby certifying the Final Environmental Impact Report and Mitigation Monitoring and Reporting Program and introduced Ordinance 1437 for the approval of the Waterman + Baseline Neighborhood Transformation Specific Plan; and WHEREAS, on October 19, 2017, pursuant to the requirements of Chapter 19. 36 Conditional Use Permits) and Chapter 19. 66 ( Subdivision Maps) of the City of San Bernardino Development Code, an application for Conditional Use Permit 17- 26 ( Revised Conditional Use Permit 11-13) and Revised Subdivision 11-03 (Revised Tentative Tract Map 18829) was duly submitted by:
Owner/ Applicant: Housing Authority of the County of San Bernardino 715 E. Brier drive
San Bernardino, CA 92408
APN: 0147- 211- 01, 02, 03 and 04
Zone: Waterman + Baseline Neighborhood Transformation Specific Plan
WHEREAS, Conditional Use Permit 17- 26 ( Revised Conditional Use Permit 11- 13) and Revised Subdivision 11-03 ( Revised Tentative Tract Map 18829) is a request to allow the development, establishment and operation of the Arrowhead Grove Project (formerly known as the Waterman Gardens Project) to be comprised of 411 residential units, approximately 194,200 square feet of commercial/ mixed uses, two ( 2) private community centers, one ( 1) public community center, and two ( 2) detention basins, along with the construction of the 1 1
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28 required on-site and off- site improvements, on a site comprised of four ( 4) parcels containing a total of approximately 39.36 acres; and
WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has reviewed Conditional Use Permit 17-26 ( Revised Conditional Use Permit 11-13) and Revised Subdivision 11-03 ( Revised Tentative Tract Map 18829) for consistency with the City of San Bernardino General Plan and the Waterman + Baseline Neighborhood Transformation Specific Plan, and compliance with the City of San Bernardino Development Code; and
WHEREAS, on November 3, 2017, pursuant to the requirements § 19. 52. 020 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 of the holding of a public hearing at which Conditional Use Permit 17-26 ( Revised Conditional Use Permit 11- 13) and Revised Subdivision 11- 03 ( Revised Tentative Tract Map 18829) would be consideredby the Planning Commission; and
WHEREAS, on November 14, 2017, pursuant to the requirements of § 19. 52. 040 of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested personshad an opportunity to testify in support of, or opposition to Conditional Use Permit 17- 26 ( Revised Conditional Use Permit 11- 13) and Revised Subdivision 11-03 ( Revised Tentative Tract Map 18829), and at which meeting the Planning Commission considered Conditional Use Permit 17-26 ( Revised Conditional Use Permit 11-13) and Revised Subdivision 11-03 ( Revised Tentative Tract Map 18829); and WHEREAS, after closing said public hearing, the Planning Commission adopted Resolution No. 2017- 065 recommending to the Mayor and City Council approval of Conditional Use Permit 17- 26 ( Revised Conditional Use Permit 11- 13) and Revised Subdivision 11-03 ( Revised Tentative Tract Map 18829); and WHEREAS, notice of the December 20, 2017 public hearing for the Mayor and City Council' s consideration of the proposed Resolution was published in The Sun newspaper on December 8, 2017, and was mailed to property owners within a 500 foot radius of the project site in accordance with Development Code Chapter 19. 52.
WHEREAS, pursuant to the requirements of Chapter 19. 52 ( Hearings and Appeals), Chapter 19.36 (Conditional Use Permits) and Chapter 19.66 (Subdivision Maps) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Conditional Use Permit 17- 26 ( Revised Conditional Use Permit 11- 13) and Revised Subdivision 11-03 ( Revised Tentative Tract Map 18829). 2 1
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28 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AS FOLLOWS:
SECTION 1. The Mayor and City Council find that the above -stated Recitals are true and hereby adopt andincorporate them herein.
SECTION 2. Findings of Fact — Revised Subdivision 11- 03 ( Revised Tentative Tract Map 18829].
Finding No. 1: The proposed map is consistent with the General Plan.
Finding of Fact: General Plan Land Use Element Policy 2.3.2 states: " Promote development that is compact, pedestrianfriendly, and served by a variety of transportation options along major corridors and in key activity areas. "
Finding No. 2
Finding of Fact:
General Plan Land Use Element Policy 2.4.3 states: " Where necessary to stimulate the desired mix and intensity of development, land use flexibility and customizedsite developmentstandards shall be achieved through various masterplanning devices such as specific plans, planned development zoning, and creative site planning. " On December 19, 2016, the Mayor and City Council adopted Resolution No. 2016- 256 approving the Waterman + Baseline Neighborhood Transformation Specific Plan to guide future development within the Specific Plan area boundaries. The land use policies and development standards of the Specific Plan will be implemented by the development, establishment and operation of Arrowhead Grove that is comprised of 411 residential units, approximately 194,200 square feet of commercial/mixed uses, two ( 2) private community centers, one ( 1) public community center, and two 2) detention basins. Therefore, Revised Subdivision 11- 03 ( Revised Tentative Tract Map 18829) is consistent with the General Plan.
The design and improvements of the proposed subdivision is consistent with the General Plan.
General Plan Community Design Element Policy 5.3.2 states: " Distinct neighborhood identities should be achievedby applying streetscapeand landscape design, entry treatments, and architectural detailing standards, which are tailored to each particular area and also incorporate citywide design features. "
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28 General Plan Community Design Element Policy 5.3.3 states: " A well - integrated network of bike and pedestrian paths should connect residential areas to schools, parks, and shopping centers. " General Plan Community Design Element Policy 5.5.6 states: " Ensure a variety of architectural styles, massing, floor plans, fagade treatment, and elevations to create visual interest. "
On December 19, 2016, the Mayor and City Council adopted Resolution No. 2016- 256 approving the Waterman + Baseline Neighborhood Transformation Specific Plan to guide future development within the Specific Plan area boundaries. The land use policies and development standards of the Specific Plan will be implemented by the proposed development, establishment and operation of Arrowhead Grove that is project to be comprised of 411 residential units, approximately 194,200 square feet of commercial/ mixed uses, two ( 2) private community centers, one ( 1) public community center, and two ( 2) detention basins that will feature ( 3) architectural styles: California Craftsman, Spanish Mediterranean, and Contemporary, along recreational amenities that will be connected by pedestrian paths, creating a well -integrated mixed use neighborhood, and establishing design criteria that are consistent with the General Plan. Therefore, the design and improvements of Revised Subdivision 11- 03 ( Revised Tentative Tract Map 18829) is consistent with the General Plan.
Finding No. 3 The site is physically suitable for the type of development.
Finding of Fact: The site is relatively level and served or in close proximity to all necessary utilities. The land use policies and development standards contained within the Waterman + Baseline Neighborhood
Transformation Specific Plan area allow for physically suitable types of development within the existing residential neighborhoods within the vicinity. The development, establishment and operation of Arrowhead Grove that is comprised of 411 residential units, approximately 194,200 square feet of commercial/ mixed uses, two ( 2) private community centers, one ( 1) public community center, and two ( 2) detention basins is permitted subject to the approval of Revised Subdivision 11- 03 Revised Tentative Tract Map 18829) and Conditional Use Permit 17- 26 ( Revised Conditional Use Permit 11- 13) with the appropriate In
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Conditions of Approval and CEQA determination. Therefore, site is physically suitable for the development.
Finding No. 4 The site is physically suitable for the proposed density of development.
Finding of Fact: The proposed development, establishment and operation of Arrowhead Grove that is comprised of 411 residential units, approximately 194,200 square feet of commercial/ mixed uses, two ( 2) private community centers, one ( 1) public community center, and two ( 2) detention basins is consistent with the Waterman + Baseline Neighborhood Transformation Specific Plan. Therefore, the site is physically suitable for the proposed density of development under Revised Subdivision 11- 03 ( Revised Tentative Tract Map 18829) and Conditional Use Permit 17- 26 ( Revised Conditional Use Permit 11- 13).
Finding No. 5: The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat.
Finding of Fact: On December 19, 2016, the Mayor and City Council adopted Resolution No. 2016- 256 certifying the Final Environmental Impact Report ( California State Clearinghouse Schedule No. 2015081086) which includes a Mitigation Monitoring and Reporting Program for the Waterman + Baseline Neighborhood Transformation Specific Pian Specific Plan 15- 01), which included the Waterman Gardens Arrowhead Grove) site and its future development. Therefore, the proposed improvements of 411 residential units, approximately 194,200 square feet of commercial/ mixed uses, two ( 2) private community centers, one (1) public community center, and two ( 2) detention basins will not cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat.
Finding No. 6: The design of the subdivision or type of improvements will not cause serious public health problems.
Finding of Fact: The certified Final Environmental Impact Report ( California State Clearinghouse Schedule No. 2015081086) prepared for the Waterman + Baseline Neighborhood Transformation Specific Plan found that any environmental impacts caused by the project could be mitigated to become less than significant. Therefore, Revised Subdivision 11- 03 Revised Tentative Tract Map 18829) will not cause serious public health problems.
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28 Finding No. 7 The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
Finding of Fact: The Waterman + Baseline Neighborhood Transformation Specific Plan was designed with consideration for existing easements, and access to and through the property. Therefore, design of Revised Subdivision 11- 03 ( Revised Tentative Tract Map 18829) will not conflict with easements, acquired by the public at large, for accessthrough or use of, property within the proposed subdivision.
SECTION 3. Findings of Fact — Conditional Use Permit 17- 26 Revised Conditional Use Permit 11- 13).
I Finding No. 1: The proposed use is conditionally permitted within, and would not impair the integrity and characterof the subject land use district and complies with all of the applicable provisions of the Development Code.
Finding of Fact: On December 19, 2016, the Mayor and City Council adopted Resolution No. 2016- 256 approving the Waterman + Baseline Neighborhood Transformation Specific Plan to guide future development within the Specific Plan area boundaries. The land use policies and development standardsof the Specific Plan will be implemented by the development, establishment and operation of the Arrowhead Grove that is comprised of 411 residential units, approximately 194,200 square feet of commercial/ mixed uses, two (2) private community centers, one (1) public community center, and two ( 2) detention basins that are permitted subject to the approval of Conditional Use Permit 17- 26 ( Revised Conditional Use Permit 11- 13) with the appropriate Conditions of Approval and CEQA determination. The Arrowhead Grove project is consistent with the Waterman + Baseline Neighborhood Transformation Specific Plan.
Therefore, the Arrowhead Grove project would not impair the integrity and character of the subject land use district or be detrimental to surrounding properties.
Finding No. 2: The proposed use is consistent with the General Plan.
Finding of Fact: General Plan Housing Policy 3.2. 1 states: " Protect the quality of the existing housing stock through the rehabilitation and improvement of market rate neighborhoodsand affordable housingprojects. " 0 1
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28 General Plan Housing Policy 3.5.4 states: " Encourage and facilitate the construction, maintenance, andpreservation of a variety of housing types adequate to meet a range of household needs. "
General Plan Housing Policy 3.6. 1 states: " Promote infill rehabilitation and new construction projects through increasing housing potential in already developed areas of the community. "
On December 19, 2016, the Mayor and City Council adoptedResolution No. 2016- 256 approving the Waterman + Baseline Neighborhood Transformation Specific Plan to guide future development within the Specific Plan area boundaries. The land use policies and development standardsof the Specific Plan will be implemented by the development, establishment and operation of Arrowhead Grove that is comprised of 411 residential units, approximately 194,200 squarefeet of commercial/mixed uses, two ( 2) private community centers, one ( 1) public community center, and two ( 2) detentionbasinswhich satisfiesthe housing goals of the Specific Plan. Therefore, Conditional Use Permit 17- 26 ( Revised Conditional Use Permit 11- 13) is consistent with the General Plan.
Finding No. 3: Approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act ( CEQA) and § 19.20.030(6) of the Development Code.
Finding of Fact: On December 19, 2016, the Mayor and City Council adopted Resolution No. 2016- 256 certifying the Final Environmental Impact Report California State Clearinghouse Schedule No. 2015081086) which includes a Mitigation Monitoring and Reporting Program for the Waterman + Baseline Neighborhood Transformation Specific Plan Specific Plan 15- 01), which included the Waterman Gardens Arrowhead Grove) site and its future development. Therefore, the development, establishment and operation of Arrowhead Grove that is comprised of 411 residential units, approximately 194,200 square feet of commercial/ mixed uses, two ( 2) private community centers, one ( 1) public community center, and two ( 2) detention basinsis in compliance with the requirements of the California Environmental Quality Act and
19. 20. 03 0( 6) of the Development Code.
Finding No. 4: There will be no potentially significant negative impacts upon environmental quality and natural resourcesthat could not be properly mitigated and monitored.
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Finding of Fact: On December 19, 2016, the Mayor and City Council adopted Resolution No. 2016- 256 certifying the Final Environmental Impact Report California State Clearinghouse Schedule No. 2015081086) which includes a Mitigation Monitoring and Reporting Program for the Waterman + Baseline Neighborhood Transformation Specific Plan Specific Plan 15- 01), which included the Waterman Gardens Arrowhead Grove) site and its future development. Therefore, there will be no potentially significant negativeimpacts upon environmentalquality and natural resourcesthat could not beproperly mitigated andmonitored.
Finding No. 5:
Finding of Fact:
Finding No. 6:
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.
The development, establishment and operation of the Arrowhead Grove that is comprised of 411 residential units, approximately 194,200 square feet of commercial/mixed uses, two ( 2) private community centers, one 1) public community center, and two ( 2) detention basins is permitted subject to the approval of Conditional Use Permit 17- 26 ( Revised Conditional Use Permit 11- 13) with the appropriate Conditions of Approval and CEQA determination. Additionally, the proposed Arrowhead Grove project is consistent with the Waterman + Baseline Neighborhood Transformation Specific Plan. Further, on December 19, 2016, the Mayor and City Council adopted Resolution No. 2016- 256 certifying the Final Environmental Impact Report ( California State Clearinghouse Schedule No. 2015081086) which includes a Mitigation Monitoring and Reporting Program for the Waterman + Baseline Neighborhood Transformation Specific Plan ( Specific Plan 15- 01), which included the Arrowhead Grove site and its future development. Therefore, the design of Arrowhead Grove will ensure that the project will not create any significant noise, traffic, or other conditions that would be detrimental or objectionable to other uses in the vicinity or adverse to the public health, safety, convenience, or welfare of the City.
The subject site is physically suitable for the type anddensity/intensity of usebeing proposed.
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Finding of Fact: The site is physically suitable for the type and density/intensity of the development, establishment and operation of Arrowhead Grove that is comprised of 411 residential units, approximately 194,200 square feet of commercial/ mixed uses, two ( 2) private community centers, one ( 1) public community center, and two ( 2) detention basins as evidencedby project compliance with applicable Development Code standards and the land use policies and development standards of the Waterman + Baseline Neighborhood Transformation Specific Plan. The size of the project site is adequate to accommodate the proposed improvements, in compliance with the requirements of the Development Code.
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: The site has direct access off of Waterman Avenue and Baseline Street.
All agencies responsible for reviewing access and providing water, sanitation and other public services to the site have had the opportunity to review the proposal, and noneindicated inability to servethe project site.
Therefore, the development, establishment and operation of Arrowhead Grove that is comprised of 411 residential units, approximately 194,200 squarefeet of commercial/mixed uses, two (2) private community centers, one (1) public community center, and two (2) detentionbasins, subjectto the approval of Conditional Use Permit 17- 26 ( Revised Conditional Use Permit 11- 13) and Revised Subdivision 11- 03 ( Revised Tentative Tract Map 18829) with the appropriate Conditions of Approval and CEQA determination, will not be detrimental to public services or public health and safety.
SECTION 4. Compliance with the California Environmental Quality Act. — On December 19, 2016, the Mayor and City Council adoptedResolution No. 2016-256 certifying the Final Environmental Impact Report ( California State Clearinghouse No. 2015081086) the Waterman + Baseline Neighborhood Transformation Specific Plan ( Specific Plan 15- 01), which included the Waterman Gardens site. No further changes to the environmental conditions or the subject site have occurred. Therefore, pursuant to § 15162( a) ( Previous Environmental Determination) of the California Environmental Quality Act, no further environmental review is necessary.
SECTION 5. — Conditions of Approval: Conditional Use Permit 17- 26 ( Revised Conditional Use Permit 11- 13) and Revised Subdivision 11-03 ( Revised Tentative Tract Map 18829), is hereby approved subject to the following Conditions of Approval:
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28 1. This approvalis to subdivide approximately 39.36 acres into eight ( 8) parcels in order to create a mixed income, mixed used community. The residential community will construct up to 411 multi -family residential units with on-site recreation amenities, including two ( 2) 2,500 square foot community centers, swimming pools, outdoor recreational spaceswith walking paths and barbeque picnic areas, and several tot lot playgrounds. Approximately 11.1 acres will be future mixed - used, commercial, retail and/ or professional office uses. The proposed project would be constructed in eight ( 8) phases and is located at the northeast corner of Waterman Avenue and Olive Street, in the Mixed Use Village zone of Waterman + Baseline Neighborhood Transformation Specific Plan. All development must be in substantial conformance with the Site Plans, Landscape Plan, Floor Plans, and Building Elevations, all date stamped December 20, 2017 ( EXHIBIT " A"). All conditions must be complied with prior to submitting for Certificate of Occupancy, unless otherwise stated.
2. The project shall be subject to all of the mitigation measures contained within the Mitigation Monitoring and Reporting Program date stampedDecember 20, 2017 EXHIBIT ` B"), and incorporated herein by reference as Conditions of Approval.
3. Tentative Tract Map: Within two ( 2) years of the original approval date, the filing of the initial phaseof the final map with the Mayor and City Council shall have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedings and no final map shall be filed without first processing a new tentative map. The City Engineer must acceptthe final map or tentative map documents as adequatefor approval by Council prior to forwarding them to the City Clerk. The date the final map shall be deemed filed with the Council is the date on which the City Clerk receives the map. As provided for in San Bernardino Development Code Section 19. 66. 140, EXTENSION OF TIME, any applicable time limits for acting on the tentative map application may be extended by mutual written consent of the subdivider and the City, as outlined in Map Act Section 66451. 1.
EXPIRATION DATE: DECEMBER 20, 2019
4. Conditional Use Permit: Within two ( 2) years of this approval, the applicant shall apply for the necessary building permits and commencement of work/ construction must have occurred on Phase 1 of the project or the permit/ approval shall become null and void. The applicant shall obtain Building Permits for each phase of development as indicated in the project' s Phasing Exhibit ( final Phasing Plan to be submitted at of plan check with Phase I and with technical improvement plans by the Applicant to the City) prior to commencement to the specified construction activities included in the Conditions of Approval; otherwise the permit/ approval will become null and void.
Commencement of construction shall include demolition of existing structures and/ or public improvements. Approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval.
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28 EXPIRATION DATE: DECEMBER 20, 2019
5. In the event this approval is legally challenged by a third party, the City will promptly notify the applicant of any claim or action or proceeding and will cooperatefully in the defenseof 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 commissions of the City, as well as any 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 that the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition.
The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as " attorneys' fees" for the purpose of this condition.
As part of the consideration for issuing this permit, this condition shall remain in effect if this Development Permit is rescinded or revoked, whether or not at the request of applicant.
Conditions Applicable to Each Phase
6. Prior to installing any signs, the applicant must submit a Sign Permit application to the Planning Division for review and approval.
7. All perimeter block walls shall be constructed with the decorative finish on both sides (split face, slump stone, etc.).
8. All construction sites shall be securedwith temporary chain-link fencing, 6 feet in height.
9. Garage doors for all homes shall be set into the walls rather than flush with the exterior walls. A variety of compatible designs shall be used throughout the proj ect.
10. No homes shall be occupied until all conditions of approval for each phase have been completed for final sign - off of all permits.
11. All windows, doors, and vents shall be architecturally treated.
12. The project shall be subject to all applicable Mitigation Measures contained in the Mitigation Monitoring/ Reporting Program containedin Attachment D.
13. Prior to the issuanceof Building Permits, the applicant must demonstrateon the construction drawings for the project that all exterior light fixtures will be energy efficient.
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28 14. The property owner( s), successors and assigns will be responsible for regular maintenance the site. Vandalism, graffiti, trash and other debris must be removed within 24 hours of first being reported.
15. All necessary drainage and flood control measures shall be subject to requirements of the Land Development Division. The developer' s Engineer shall furnish all necessary data relating to drainage and flood control prior to grading permit issuance.
16. The development is located within Zone X on the Federal Insurance Rate Map Number 06071 C8682H with Map Revise date of August 28, 2008. Therefore, the applicant must raise all building pads above the surrounding area. If required or requested the City shall assist with the processing and approval of a LOMR application. Applicant shall be responsible for preparation of all documents, reports and studies necessaryto complete the filing of this application by the City. Further, any application fee required for the filing of the CLOMR/ LOMR shall be paid by the applicant.
17. All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easementsshall be provided to the satisfaction of the City Engineer.
18. If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted.
19. A Storm Water Pollution Prevention Plan ( SWPPP) will be required. The applicant is directed to the California State Water Resources Control Board website for the CASQA SWPPP template. The SWPPPshall be acceptedby the City Engineer and filed and approved through the Storm Water Multiple Application and Report Tracking System ( SMARTS) prior to issuance of a grading Permit.
20. Prior to issuance of a Grading Permit, the applicant must submit to the Director of Community Development for review and approval an Erosion Control Plan.
The plan shall be designedto control erosion due to water and wind, including blowing dust, during all phasesof construction, including gradedareaswhich are not proposed to be immediately built upon.
21. The site/grading and drainage 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 City Engineer prior to grading permit issuance.
22. Pad elevations shown on the rough and/ or precise grading plan shall not vary more than one -foot for interior pads or one- half foot for exterior pads from the pad elevations shown on the tentative tract map as approved by the Planning 12 1
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28 Commission. Exterior pads are those pads immediately contiguous to existing streets or existing residential areas. Grading Plans shall incorporate the design features as per the accepted Water Quality Management Plan for this project,
23. If more than five trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Community Development Planning Division prior to issuance of any grading or site development permits.
24. The applicant must post a grading bond prior to issuance of a grading permit.
The amount of the bond is to be determined by the Land Development Division.
25. If more than 50 cubic yards of earth is to be hauled on City streets, 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.
26. Prior to issuance of a Grading Permit, the applicant must submit to the Land Development Division for review and approval a liquefaction evaluation. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan.
27. The applicant shall submit to the Land Development Division for review and approval an on- site Improvement Plan. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15. 04- 167 of the Municipal Code ( See " Grading Policies and Procedures").
28. Prior to final inspection the applicant shall install a refuse enclosure. The refuse enclosure(s) must be constructed in accordancewith City StandardDrawing No. 508 and the minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Works Department, Refuse Division, approves a smaller size, in writing. Where the refuse enclosureis proposed to be constructedcontiguous to spaces for parking passenger vehicles, a three-foot wide by six-inch high concrete planter shall be provided to separate the enclosure from the contiguous parking.
29. Where an accessible path of travel crosses drive aisles, the applicant shall delineate the path of travel by textured/colored concretepavement.
30. Prior to the issuance of Building Permits, the applicant must submit a Landscape and Irrigation plan that has been prepared in substantial conformance with the preliminary landscapeplan dated February 27, 2013 and certain revisions dated November 5, 2013 to the Land Development Division for review and approval.
Prior to the issuance of a Certificate of Occupancy, the applicant must install all landscape and irrigation improvements in conformance with the final landscape and irrigation plan. The Landscape Plan may be submitted, and the landscaping may be installed, in ` phases' to coincide with any phased development proposed. 13 1
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28 Each phasewill be considereda `stand alone' improvement and not tied to any other phase of the project.
31. Prior to occupancy of any building within any phase of the project, the developer shall post a bond to guarantee the maintenance and survival of project/ each phase of landscaping for a period of one year. The Developer, one (1) year following landscape installation and inspection is solely responsible to contact the Land Development Division for inspection of the landscaping and to receive releaseof any bonding requirements accordingly.
32. An easementand covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect.
Upon request, the Real Property Section will prepare documentsfor execution by the property owner. The documents shall ensure that, if the property owner or subsequentowner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document -processing fee in the amount established by ordinance shall be paid to the Real Property Section to cover processing costs. The property owner, prior to on- site plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer.
33. Prior to the issuance of a Building Permit, the applicant shall submit to the Community Development Director for review and approval plans for the screening of all utility equipment. Screening shall not be located in any setback/ right- of- way area. Prior to final inspection, the applicant shall install all required screening. If the transformer cannot be screened, it shall be located in an underground vault unless approved by the Director of Community Development pursuant to Section 19. 30. 110.
34. The applicant shall 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.
35. The applicant shall provide each parcel with separate water and sewer facilities.
36. The applicant shall install backflow preventers for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole
37. The applicant shall place all utility services shall underground and provide easements as required.
38. The applicant shall place the existing overhead utilities with contiguous frontage to Olive Street or traversing the site on the project side of the street underground in accordance with San Bernardino Development Code Section 19. 20. 030.
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28 39. The applicant shall process a Tract Map for this project. The applicant is directed to the City' s web page at www. sbcity.org- Departments - Public Works Submittal Requirements for submittal requirements.
40. The applicant must submit a Final Map based upon field survey prepared by a Licensed Land Surveyor or a Registered Civil Engineer who may also practice surveying, and must record the Final Map and the project' s Conditions, Covenants and Restrictions ( CC& Rs) prior to the issuance of a Certificate of Occupancy.
41. Street, sewer, drainage improvement, traffic signals, for the entire project shall be completed, subject to the approval of the City Engineer, prior to the Map recordation. The proposed project may be recorded on a phased basis, therefore it is possible that improvements will be phasedaccordingly.
42. If the required improvements are not proposed to be completed prior to recordation of the Final Map, a deferred improvement agreement in accordance with Section 19. 30. 160 of the Development Code will be required. If the agreement is approved, an improvement certificate shall be placed on the Final Map, stating that the required improvements will be completed upon development.
43. The applicant shall pay the Street Light Energy Fee to pay the cost of street light energy on public streets, not including private roadways, for a period of four years. The exact amount shall be determined and shall become payable prior to map recordation.
44. The applicant shall construct an eight -inch curb and gutter per City StandardNo. 200 contiguous to the site. The applicant shall also widen the pavement contiguous to the site to match the new curb and gutter and shall construct approach and departure transitions for traffic safety and drainage as approvedby the City Engineer.
45. At all curb returns within and contiguous to the project site, the applicant shall construct accessiblecurb ramps in accordancewith Caltrans Standardsto comply with current ADA accessibility requirements. The applicant shall dedicate sufficient right - of way at the comer to accommodate the ramp on Olive Street and Waterman Avenue, Olive Street and La Junita Street, and Baseline Street and La Junita Street.
46. The applicant shall construct the driveway approachesper City Standard No. 203. The applicant shall remove all existing driveway approachesthat are not part of the approved plan and replace with full height curb and gutter and sidewalk.
47. If the project is to be developed in phases, the applicant shall design each individual phase to provide maximum public safety, convenience for public service vehicles, and proper traffic circulation. In order to meet this requirement, the following will be required prior to the finalization of any phase:
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28 a) Improvement plans for the total project or sufficient plans beyond the phaseboundary to verify the feasibility of the design shall be complete to the satisfaction of the City Engineer;
b) A Phasing Plan shall be submitted for review and approval by the Engineering Division, Fire, and Planning Departments, indicating what improvements will be constructed at each given phase;
C) Street improvements shall be completed beyond the phase boundaries, asnecessaryto provide secondaryaccessfrom the development; d) Drainage facilities, such as storm drains, channels, earth berms and block walls, shall be constructed, as necessary, to protect the development from off- site flows on La Junita Street;
e) Easements for any of the above and the installation of necessary utilities shall be completed prior to map recordation;
f) Phase boundaries shall correspond to the lot lines shown on the approved tentative map.
48. The applicant shall submit a complete package for plan checking, which shall consist of-
a) a) Street improvement plans (may include street lights or street lighting may be separate plan);
b) Sewer plans ( private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile); C) Storm drain plans ( private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile);
d) Traffic signal plans and/ or traffic signal modification plans; e) Signing and striping plan ( may be on sheets included in street Improvement plan);
f) Lighting ( on-site lighting may be included in on-site improvement plan or may be on a separate stand- alone plan);
g) Grading ( may be incorporated with on- site improvement plan); h) On-site landscaping and irrigation plan;
i) Landscaping and irrigation in the Landscape and Lighting Maintenance District plan; and
D 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).
49. The rough grading plan may be designed and submitted in combination with the precise grading plan.
50. The applicant shall submit an off- site improvement plan to the Land Development Division for review and approval. All off- site improvement plans submitted for plan check shall be prepared on the City' s standard 24" x 36" 16 1
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28 sheets. A signature block satisfactory to the City Engineer or his designee shall be provided.
51. After completion of plan checking, final mylar drawings, stampedand signed by the Registered Civil Engineer in charge, shall be submitted by the applicant to the City Engineer for approval. Copies of the City' s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at htt1)://www. sbcitv. org.
52. The applicant must submit electronic files of the Tract map to the City Engineer.
The files must be compatible with AutoCAD 2000, and include a . DXF file of the project. Files shall be on a CD and shall be submitted at the same time the final Mylar drawings are submitted for approval.
53. The applicant shall be responsible for obtaining the following Engineering Permits: Grading Permit; Construction Permit for on- site improvements, including landscaping; and Construction Permit for off- site improvements.
54. All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking 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. The above payment of fees is subject to a Development Agreement DA) and therefore may differ from current and/or future fee schedulesutilized by the City. The current fee schedule is available at the Public Works Counter and at http:// www. sbcit>,. org.
55. The Traffic Study prepared by FEHR, & PEERS and Associates dated July 2012 has been reviewed and accepted. All identified traffic mitigation measures shall be implemented at the developer' s expense.
56. On-site landscaping ( private areas) shall be installed by the applicant and accepted prior to release of gas utility and prior to final inspection. This condition may be implemented on a `per phase' basis.
57. The streets within any phase of the subdivision shall be base paved ( 0. 10 foot low) prior to delivery of construction materials to the site.
58. Prior to final inspection of the last three homes in the tract ( or phase), the final lift of pavement shall be installed.
59. Prior to final inspection and release of the last three homes in the tract ( or phase), the pavement on the streets contiguous to the tract shall be rehabilitated. The method and extent of rehabilitation shall be determined at time of final inspection by the City Engineer.
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28 60. Applicant shall prepare a Network Hydraulic Analysis per Uniform Design Standards prior to issuance of Building Permits. All hydrants/ water systems shall be designed to provide 20 psi residual flow at required fire flows. A Developer installed Agreement is required prior to on- site water main extensions.
61. Prior to issuance of an Occupancy Permit, the applicant shall install a R.P.P. backflow device at the service connection for domestic service.
62. Prior to issuance of an Occupancy Permit, the applicant shall install a double check backflow device at the service connection for Fire and irrigation. The backflow device shall be inspected before water service is activated.
63. The project is subject to Recalculation of the Sewer Capacity Fee and payment of the fee prior to the issuance of a Building Permit. The Recalculation shall be based on the agreed upon rates per the Development Agreement.
64. Prior to issuanceof a building permit, the applicant shall submit to the Building and Safety Division for review and approval building plans and site plans that conform to the California Building Codes in effect at the time of plan submittal.
This shall include the California Green Building Code.
65. The applicant must use the three -secondgust factor when preparing construction plans since the project is located in a 95 mph, Exp C wind load area.
66. Prior to issuanceof a building permit, the applicant shall submit to the Building and Safety Division for review and approval plans that conform to the Title 24 Disabled Access and ADA requirements in place at the time of Building Permit plan submittal.
Conditions Applicable As Indicated below:
67. The applicant shall design and construct the ` off- site' sewer improvements, Nodes 2147 and 2149 per the Sewer Study for Waterman Gardens dated April 30, 2013 ( revised) prior to occupancy of a combined total of 253 units within the project boundary. The location of the sewer segment to be designed and constructed is in N. Sepulveda Avenue south of 5a' Street extending approximately 400 feet connecting to an existing sewer mainline in 4a' Street.
The existing sewer mainlines may be either upgraded in size (per the study mentioned herein) or a parallel mainline can be installed to achieve the desired increase in flow capacity. In the event that there are `unforeseen circumstances' uncovered during the design of the proposed sewer system, the applicant may elect to pay the necessarysewer connection fee amount of $ 136,000.00 and any occupancy aboveand beyond 253 units will be subjectto the City completing the above improvements. By either designing and constructing the proposed improvements or paying the fee noted herein the Applicant shall have satisfied their obligation for the entire development as submitted under this CUP application.
68. For the streetslisted below, prior to the issuanceof a Certificate of Occupancy, the applicant must dedicate the street right- of- way ( R.W.) to provide the distance IN
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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 ! RIGHT-OF-WAY (FEET) I CURBLINE (FEET)
Baseline Street 100 Feet 32 Feet
Prior to certificate of
occupancy being issued
for the 3001i unit
Olive Avenue 60 Feet 20 Feet
Prior to certificate of
occupancy being issued
for the 20011 unit
Waterman Avenue 110 Feet 43 Feet
Prior to certificate of
occupancy being issued
for the 30011 unit)
69. La Junita Street is currently a private street and shall remain private until acceptance by action of the City. Dedication of an easement for street and highway purposes along this street will require specific approval of the Mayor and Common Council. If approved by the Mayor and Common Council, the street shall be improved to current City street standards with a dedicated right- of- way that is 50 feet wide. The paved surfacebetween curbs shall be 36 feet wide.
The applicant shall design and construct all curbs, gutters, paving, sidewalks, drainage and streetlights to City standardsfor the entire dedicatedlength prior to acceptance by the City.
70. Prior to the certificate of occupancy for the
30011
unit being issued the applicant
shall construct sidewalk contiguous to the site in accordancewith City Standard No. 202; Case " A" ( six feet wide contiguous to curb) along Baseline Street, and the west side of La Junita Street. The applicant shall construct a sidewalk along Olive Street with a reduced to five- foot width contiguous to curb where required prior to the certificate of occupancy for the
2001i
residential unit.
71. Prior to the certificate of occupancy for the retail/commercial/mixed- use being issued the applicant shall replace all broken and off - set sections of sidewalk and/ or curb and gutter contiguous to the site on Waterman. The curb and gutter shall conform to Standard No. 200, Type " B" and sidewalk shall conform to Standard No. 202, Case " A" ( six feet wide contiguous to curb), unless otherwise approved by the City Engineer
72. The applicant shall design the curb bulb out returns at the following intersections of Olive Street and Waterman Avenue ( on the Olive Avenue side only), and Olive and La Junita Streets to meet the minimum turning path for bus design vehicles. A 42 -foot turning radius as referenced in the AASHTO- Geometric Design of Highways and Streets shall be designed and constructed by the applicant. The radii of the curb returns may be less than 42 feet when the traveled path accommodates bus design vehicles.
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28 73. Prior to issuance of certificate of occupancy for the 150"' unit being issued the applicant shall install angle parking shall be designed and constructed along the north side of Olive Street generally between La Junita Street and Waterman Avenue. The exact location and parking design shall be approved and accepted by the City Engineer.
74. Prior to issuance of certificate of occupancy for the 150' b
unit being issued the
applicant shall install Street Lights contiguous to the site on Baseline Street in accordance with City Standard Nos. SL -I and SL -2, Also, the applicant shall submit a separate light plan in accordance with the City of San Bernardino Street Lighting Design Policies. The applicant and City will determine which fixtures can be upgraded for public safety purposes using existing poles.
75. Any new commercial driveways along Baseline shall align with existing commercial driveways along the north side of Baseline Avenue. No uncontrolled, marked pedestrian crosswalks shall be allowed on Baseline Street.
76. Prior to issuance of certificate of occupancy for the 300" unit being issued the intersection of Waterman Avenue and Olive Street shall be signalized and pedestrian facilities shall be provided. These new traffic signals shall be interconnected with the existing traffic signal at Baseline Street. No uncontrolled, marked pedestrian crosswalks shall be allowed on Waterman Avenue. Other proposed improvements include:
a) Baseline/ Crestview intersection signals and crosswalk. The new south side of Crestview is to be aligned with the existing north side of Crestview ( Prior to the 175th unit).
SECTION 6. 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 competentjurisdiction, 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. 20 1
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 17- 26 REVISED CONDITIONAL USE PERMIT 11- 13) AND REVISED SUBDIVISION 11- 03 ( REVISED TENTATIVE TRACT MAP 18829) FOR THE DEVELOPMENT,
ESTABLISHMENT AND OPERATION OF THE ARROWHEAD GROVE PROJECT
FORMERLY KNOWN AS THE WATERMAN GARDENS PROJECT) ON A SITE COMPRISED OF FOUR ( 4) PARCELS CONTAINING A TOTAL OF
APPROXIMATELY 39. 36 ACRES LOCATED AT THE SOUTHEAST CORNER OF
WATERMAN AVENUE AND BASELINE STREET WITHIN THE BOUNDARIES OF THE WATERMAN + BASELINE NEIGHBORHOOD TRANSFORMATION
SPECIFIC PLAN
I HEREBY CERTIFY that the foregoing Resolution was duly adoptedby the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 20th
day of December2017, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
x
xs
XM
x
x
x
X
ABSTAIN ABSENT
Georgeannbianiia, CMC, dity Clerk
The foregoing Resolution is hereby approvedthis
20th
day of December 201
Moo
R. CareyDavis, X4ayor
City of San Beniardino
Approved as to form:
Gary D. Saenz, City Attorney
By: Ina L -' LA
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28 EXHIBIT A
APPROVED PLANS
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