Resolution No. 2020-265
RESOLUTION NO. 2020-265
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ESTABLISHING GUIDANCE RELATING TO THE
ISSUANCE OF TEMPORARY USE PERMITS ALLOWING
ON-SITE AND OFF-SITE CONTRACTORS'
CONSTRUCTION YARDS FOR APPROVED
DEVELOPMENT PROJECTS
WHEREAS, in accordance with Chapter 19.70 of the San Bernardino Municipal Code Cain cortem aities Cough the sane of temporary Use i alried to permit WHEREAS, SBMC section 19.70.020 (2), specifically permits the issuance of a TUP for "on-and off-site contractors' construction yards in conjunction with an approved development project", and
WHEREAS, pursuant to SBMC section 19.70.035 (B), such construction yards can "be operated only in conjunction with an approved building permit" and must "be removed immediately upon completion of the construction project"; and WHEREAS, in recent weeks, the issuance of TUP 20-033 permitting the operation of such a yard at 6920 Palm Avenue in connection with Tentative Tract Map 16794 for the purposes of stock piling materials raised significant concerns among community members; and sate ile which ereclared to the harlesse pligrade ventual plan to grind materials at the site
WHEREAS, while City staff established conditions for the TUP to protect the public interest (including hours of operation, covering requirements, and compliance with permit requirements such as for hauling and storm water), the need for additional guidance to clarify the purpose of SBMC section 19.70.020 (2) is clear.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
permits sender M section 190 r20 d2, undante Colaned to the disares and directs sty was The purpose of SBMC section 19.70.020 (2) was to permit developers to use the site of an approved development project for temporary storage of finished construction materials in the immediate run up to and during the construction of the development project. It was not intended Resolution No. 2020-265
October 21, 2020
Resolution No. 2020-265
to permit the storage of construction materials at sites prior to the issuance of permits authorizing construction work to commence, e.g., the grading permit. In addition, it was not intended to permit more intensive temporary uses such as the crushing or grinding of raw materials than would otherwise be permitted in the applicable zone. For example, while the crushing and grinding of raw materials might be appropriate as a temporary use in an industrial or commercial zone, it is incompatible with residentially zoned property.
In light of the foregoing, in response to any future request for a TUP for "on- and off-site contractors' construction yards in conjunction with an approved development project" under SBMC section 19.70.020 (2), City staff shall abide by the following guidance:
A. Stock piles of building materials shall only be permitted in conjunction with the issuance by the City of a grading permit or building permit.
B. Stock piles of building materials shall consist only of finished materials ready for grading or construction.
C. No TUP may be issued to permit the crushing or grinding of unfinished raw materials such as rock, concrete, or similar at a residentially-zoned site or in any other zone within 1,000 feet of a residentially-zoned property.
D. If a TUP is issued permitting the crushing or grinding of unfinished raw materials such as rock, concrete, or similar, City staff shall condition the TUP in such manner to address the public health, safety, and welfare. Such conditions shall, among others, address dust mitigation, noise mitigation, site security, and compliance with all applicable air quality and water quality standards.
SECTION 3. Staff is hereby directed to prepare a Development Code Amendment to clarify the purpose and requirements for issuance of a TUP under SBMC section 19.70.020 (2) in accordance with the guidance provided by this Resolution.
SECTION 4. Staff shall apply the same standards applicable to a TUP under Section 2 of this Resolution to all grading permits.
SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA
SECTION 6. Severability. If any provision of this Resolution or the application 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 7. Effective Date. This Resolution shall become effective immediately.
Resolution No. 2020-265
October 21, 2020
Resolution No. 2020-265
APPROVED and ADOPTED by the City Councihand signed by the Mayor and attested by the City Clerk this 21" day of October 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Sensen Racha
Genoveva Rocha, CMC, City Clerk
Approved as to form:
pP
fr Sonia Carvalho, City Attorney
Resolution No. 2020-265
October 21, 2020
Resolution No. 2020-265
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
, renoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-265, adopted at a regular meeting held on the 21 day of October 2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT X
NICKEL
RICHARD
MULVIHILL X
WITNESS my hand and official seal of the City of San Bernardino this 22° day of October 2020.
Palac
Genoveva Rocha, CMC, City Clerk
Resolution No. 2020-265
October 21, 2020