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HomeMy WebLinkAbout2016-158 I RESOLUTION NO. 2016-158 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE 3 DECLARATION AND APPROVING SUBDIVISION 15-02 (TENTATIVE PARCEL 4 MAP 19648) AND CONDITIONAL USE PERMIT 15-09 TO ALLOW THE DEVELOPMENT, ESTABLISHMENT AND OPERATION OF MARY'S VILLAGE ON 5 A PARCEL CONTAINING APPROXIMATELY 11.02 ACRES LOCATED ON THE NORTH SIDE OF WALNUT STREET BETWEEN PICO AVENUE AND SAN MARCOS 6 STREET. 7 WHEREAS, on June 11, 2015, pursuant to the requirements of Chapter 19.50 8 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 9 19.74 (Zoning Map Amendments), §19.04.010(2)(T) (Residential Zones Specific Standards - 10 Social Services Uses/Centers), §19.36.020 (Conditional Use Permit Applications) and 11 §19.66.020 (Subdivision Map Applications) of the City of San Bernardino Development 12 Code, an application for General Plan Amendment 16-03, Development Code Amendment 13 (Zoning Map Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use Permit 15-09 was duly submitted by: 14 15 Property Owner: Mary's Mercy Center 16 4740 Green River Road, Suite 118 Glendora, CA 91740 17 Project Applicant: Mary's Mercy Center 18 4740 Green River Road, Suite 118 19 Glendora, CA 91740 20 Parcel Address: North Side of Walnut Street, Between Pico Avenue and San Marcos Street 21 APN'S: 0137-051-07, 32 and 33; 0137-101-05 and 06; 0274-011-05, 14 22 and 28; 0274-022-01, 02, 03, 04, 05 and 06; 0274-023-08, 09. 10 and 11; 0274-023-12 through 222; 0274-023-26 through 38; 23 0274-023-40, 41 and 43; 0274-024-06 through 13; and, 0274- 024-21 24 Lot Area: 11.02 acres 25 26 WHEREAS, General Plan Amendment 16-03 is a request to allow the change of the 27 General Plan Land Use Designation of the subject 11.02 acre site from Residential Urban to 28 Residential Medium; and 1 1 WHEREAS, Development Code Amendment (Zoning Map Amendment) 15-01 is a 2 request to allow the change of the Zoning District of the subject 11.02 acre site from Residential Urban (RU) to Residential Medium (RM); and 3 WHEREAS, Subdivision 15-02 (Tentative Parcel Map 19648) is a request to 4 consolidate the existing vacant parcels containing approximately 11.02 acres into four (4) 5 separate parcels; and 6 WHEREAS, Conditional Use Permit 15-09 is a request to allow the development, 7 establishment and operation of Mary's Village as a men's residential complex providing 8 comprehensive on-site transitional housing, and medical, behavioral health, training and 9 support services; and 10 WHEREAS, the Planning Division of the Community Development Department has reviewed General Plan Amendment 16-03, Development Code Amendment (Zoning Map 11 Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use 12 Permit 15-09 for consistency with the City of San Bernardino General Plan and compliance 13 with the City of San Bernardino Development Code; and 14 WHEREAS, pursuant to requirements of §15063 of the California Environmental 15 Quality Act, the Planning Division of the Community Development Department accepted the 16 Initial Study/Mitigated Negative Declaration submitted by the applicant for General Plan 17 Amendment 16-03, Development Code Amendment (Zoning Map Amendment) 15-01, 18 Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use Permit 15-09; and WHEREAS, on December 18, 2015, pursuant to §15072 of the California 19 Environmental Quality Act, a Notice of Intent to Adopt a Mitigated Negative Declaration was 20 posted for General Plan Amendment 16-03, Development Code Amendment (Zoning Map 21 Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use 22 Permit 15-09 for the CEQA-mandated thirty (30) day public review and comment period, and 23 there were no public written comments received or verbal comments presented; and 24 WHEREAS, on January 14, 2016, pursuant to the requirements of §19.36.040, 25 §19.42.020, §19.50.020, §19.66.150 and §19.74.020 of the City of San Bernardino 26 Development Code, the Development and Environmental Review Committee reviewed the application and moved the Mitigated Negative Declaration, General Plan Amendment 16-03, 27 Development Code Amendment (Zoning Map Amendment) 15-01, Subdivision 15-02 28 2 1 (Tentative Parcel Map 19648) and Conditional Use Permit 15-09 to the Planning Commission 2 for consideration; and WHEREAS, on April 20, 2016, pursuant to the requirements of §19.52.040 of the 3 City of San Bernardino Development Code, the Planning Commission held the duly noticed 4 public hearing at which interested persons had an opportunity to testify in support of, or 5 opposition to the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and 6 Reporting Program submitted by the applicant for General Plan Amendment 16-03, 7 Development Code Amendment (Zoning Map Amendment) 15-01, Subdivision 15-02 8 (Tentative Parcel Map 19648) and Conditional Use Permit 15-09, and at which meeting the 9 Planning Commission adopted Resolution No. 2016-014 recommending to the Mayor and 10 Common Council the adoption of the Mitigated Negative Declaration and the approval of General Plan Amendment 16-03, Development Code Amendment (Zoning Map Amendment) 11 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use Permit 15-09; 12 and 13 WHEREAS, pursuant to the requirements of Chapters 19.36, 19.42, 19.50, 19.66 and 14 19.74 of the City of San Bernardino Development Code, the Mayor and Common Council has 15 the authority to take action on the Mitigated Negative Declaration, General Plan Amendment 16 16-03, Development Code Amendment (Zoning Map Amendment) 15-01, Subdivision 15-02 17 (Tentative Parcel Map 19648) and Conditional Use 15-09; and 18 WHEREAS, notice of the July 18, 2016 public hearing for the Mayor and Common 19 Council's consideration of the proposed Resolution was published in The Sun newspaper on July 8 2016, and was mailed to property owners within a 500 foot radius of the project site in 20 accordance with Development Code Chapter 19.52. 21 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 22 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 23 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 24 are true and hereby adopt and incorporate them herein. 25 SECTION 2. Findings of Fact— Subdivision 15-02 (Tentative Parcel Map 19648). 26 Finding No. 1: The proposed map is consistent with the General Plan. 27 Finding of Fact: The proposed Tentative Parcel Map to accommodate the development, establishment and operation of a men's residential complex providing 28 3 1 comprehensive on-site transitional housing, and medical, behavioral 2 health, training and support services with the on-site and off-site improvements will provide additional housing opportunities with the 3 City, the proposed project is permitted within the proposed Residential 4 Medium (RM) zone, subject to the approval of a General Plan 5 Amendment, Development Code Amendment/Zoning Code 6 Amendment and Conditional Use Permit with the appropriate 7 Conditions of Approval and CEQA determination, and the proposed 8 Residential Medium (RM) zone is consistent with the proposed 9 Residential land use designation set forth by the General Plan Land Use 10 Map. Finding No. 2: The design and improvements of the proposed subdivision is consistent 11 with the General Plan, 12 Finding of Fact: General Plan Land Use Goal 2.2 states: Promote development that 13 integrates with surrounding land uses." The proposed Tentative Parcel 14 Map will be consistent with the pattern of development within the 15 existing surrounding neighborhood. 16 General Plan Land Use policy 2.7.5 states: "Require that developments 17 conform to the availability of public infrastructure to accommodate its 18 demands and mitigate its impacts." The proposed Tentative Parcel Map 19 will connect to existing water and sewer services, roads, storm drains, and private utilities. 20 Finding No. 3 The site is physically suitable for the type of development. 21 Finding of Fact: The proposed project is permitted within the proposed Residential 22 Medium (RM) zone, subject to the approval of a General Plan 23 Amendment, Development Code Amendment/Zoning Map Amendment 24 and Conditional Use Permit with the appropriate Conditions of 25 Approval and CEQA determination. The subject site as a men's 26 residential complex providing comprehensive on-site transitional 27 housing, and medical, behavioral health, training and support services with the on-site and off-site improvements is sufficient in size to 28 4 1 accommodate the proposal under General Plan Amendment 16-03, 2 Development Code Amendment (Zoning Map Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use 3 Permit 15-09 as required by the City of San Bernardino Development 4 Code. Therefore, the subject site is physically suitable for the proposal. 5 Finding No. 4 The site is physically suitable for the proposed density of development. 6 Finding of Fact: The development, establishment and operation of a men's residential 7 complex providing comprehensive on-site transitional housing, and 8 medical, behavioral health, training and support services with the on- 9 site and off-site improvements is permitted within the proposed 10 Residential Medium (RM) zone, subject to the approval of a General Plan Amendment, Development Code Amendment/Zoning Map 11 Amendment and Conditional Use Permit with the appropriate 12 Conditions of Approval and CEQA determination. The subject site as a 13 men's residential complex is sufficient in size to accommodate the 14 proposal under Development Conditional Use Permit 15-09 as required 15 by the City of San Bernardino Development Code. Therefore, the 16 subject site is physically suitable for the proposal. 17 Finding No. 5: The design of the subdivision and the proposed improvements will not 18 cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. 19 Finding of Fact: The design of the subdivision will not have any significant negative 20 impacts to wildlife or their habitat. The project site is an existing 21 developed site and surrounded by urban development. No significant 22 negative impacts on the environment are anticipated to result from re- 23 use of the existing site already developed with commercial uses. 24 Finding No. 6: The design of the subdivision or type of improvements will not cause 25 serious public health problems. 26 Finding of Fact: The design of the proposed subdivision meets all of the applicable 27 Development Code requirements and will not result in any serious public health problems. The proposed parcels will have access to 28 5 I existing public streets. Existing utilities and public services are 2 available to serve the project site and ensure the maintenance of public health and safety. 3 Finding No. 7 The design of the subdivision or the type of improvements will not 4 conflict with easements, acquired by the public at large, for access 5 through or use of, property within the proposed subdivision. 6 Finding of Fact: The design of the subdivision will not conflict with any public or 7 private easements. All documentation relating to easements and 8 dedications will be reviewed and approved by the City Engineer prior 9 to recordation of the Final Map. Existing easements will be reserved in 10 place or relocated, as necessary. SECTION 3. Findings of Fact—Conditional Use Permit 15-09. 11 Finding No. 1: The proposed use is conditionally permitted within, and would not 12 impair the integrity and character of the subject land use district and 13 complies with all of the applicable provisions of the Development 14 Code. 15 Finding of Fact: The proposed project is a conditionally permitted use, pursuant to 16 Development Code §19.04.010(2)(T)(C). The project site will be 17 located within the Residential Medium (RM) zone as proposed by 18 General Plan Amendment 16-03 and Development Code Amendment 19 (Zoning Map Amendment) 1501, and is substantially surrounded by existing residential uses. The proposed development will comply with 20 all applicable Development Code standards, such as parking 21 landscaping, building setbacks and height, etc. Further, the 22 development of the subject property will enhance the appearance of the 23 vacant and under-utilized property. Therefore, the project would not 24 impair the integrity and character of the subject land use district or be 25 detrimental to surrounding properties. 26 Finding No. 2: The proposed use is consistent with the General Plan. 27 Finding of Fact: The General Plan Housing Goal 3.1 states: "Facilitate the development of a variety of types of housing to meet the needs of all income levels in 28 6 I the City of San Bernardino." The proposed development, establishment 2 and operation a men's residential complex providing comprehensive on-site transitional housing, and medical, behavioral health, training 3 and support services will provide additional housing opportunities in 4 the southwestern area of the City, consistent with the General Plan goal 5 and policy cited above. Additionally, the proposed project is permitted 6 within the proposed Residential Medium (RM) zone, subject to the 7 approval of a Conditional Use Permit with the appropriate Conditions 8 of Approval and CEQA determination, and the proposed Residential 9 Medium (RM) zone is consistent with the Residential land use 10 designation set forth by the General Plan Land Use Map. Therefore the proposed project would be compatible with surrounding land uses and 11 consistent with the General Plan. 12 Finding No. 3 Approval of the Conditional Use Permit for the proposed use is in 13 compliance with the requirements of the California Environmental 14 Quality Act (CEQA) and §19.20.03 0(6) of the Development Code. 15 Finding of Fact: In accordance with §15063 of the California Environmental Quality Act 16 (CEQA), an Initial Study/Mitigated Negative Declaration was prepared 17 in connection with General Plan Amendment 16-03, Development Code 18 Amendment (Zoning Map Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use Permit 15-09 for the 19 development, establishment and operation of a men's residential 20 complex providing comprehensive on-site transitional housing, and 21 medical, behavioral health, training and support services with the on- 22 site and off-site improvements. In accordance with §15097 of CEQA, a 23 Mitigation Monitoring and Reporting Program has been prepared in 24 order to ensure that the mitigation measures are implemented to prevent 25 potential environmental impacts. Approval of the proposed project 26 would not result in any impacts on the environment. 27 28 7 1 Finding No. 4 There will be no potentially significant negative impacts upon 2 environmental quality and natural resources that could not be properly mitigated and monitored. 3 Finding of Fact: The project site is an in-fill lot and the surrounding area is urbanized. 4 Therefore, no significant negative impacts on the environment are 5 anticipated to result from the proposed men's residential complex. 6 Finding No. 5: The location, size, design, and operating characteristics of the proposed 7 use are compatible with the existing and future land uses within the 8 general area in which the proposed use is to be located and will not 9 create significant noise, traffic or other conditions or situations that may 10 be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of 11 the City. 12 Finding of Fact: The proposed design is in compliance with the Development Code 13 requirements that are applicable to location, height and setbacks for the 14 proposed men's residential complex. All access to the subject property 15 will be through points of access from Walnut Street and Congress 16 Street. Therefore, the design of the project will ensure that the project 17 will not create any significant noise, traffic, or other conditions that 18 would be detrimental or objectionable to other uses in the vicinity or adverse to the public health, safety, convenience, or welfare of the City. 19 Finding No. 6: The subject site is physically suitable for the type and density/intensity 20 of use being proposed. 21 Finding of Fact: The site is physically suitable for the type and density/intensity of the 22 project being proposed as evidenced by project compliance with all 23 applicable Development Code Standards. The size of the project site is 24 adequate to accommodate the proposed improvements, in compliance 25 with the requirements of the Development Code. 26 Finding No. 7 There are adequate provisions for public access, water, sanitation, and 27 public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. 28 8 I Finding of Fact: The site has direct access off of Walnut Street and Congress Street. All 2 agencies responsible for reviewing access and providing water, sanitation and other public services to the site have had the opportunity 3 to review the proposal, and none indicated inability to serve the project 4 site. Establishment of the proposed men's residential complex, subject 5 to Conditions of Approval, will not be detrimental to public services or 6 public health and safety. 7 SECTION 4. Compliance with the California Environmental Quality Act. 8 1. The Mayor and Common Council has independently reviewed, analyzed and exercised 9 judgment in finding that General Plan Amendment 16-03, Development Code Amendment 10 (Zoning Map Amendment) 15-01, Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use 15-09 will have no significant adverse effect on the environment with 11 incorporation of the Conditions of Approval and mitigation measures; and determining that 12 the Mitigated Negative Declaration, as accepted by the Planning Commission as to the effects 13 of this proposed project, is hereby adopted. 14 2. Mitigation measures identified in the Mitigated Negative Declaration have been 15 compiled in a Mitigation Monitoring and Reporting Program for General Plan Amendment 16 16-03, Development Code Amendment (Zoning Map Amendment) 15-01, Subdivision 15-02 17 (Tentative Parcel Map 19648) and Conditional Use Permit 15-09. The Mayor and Common 18 Council hereby approve the Mitigation Monitoring and Reporting Program attached as Exhibit A, and incorporated herein by reference. 19 SECTION 5. — General Plan Amendment 16-03, as approved by Ordinance, is 20 incorporated herein by reference. 21 SECTION 6. —Development Code Amendment (Zoning Map Amendment) 15-01, as 22 approved by Ordinance, is incorporated herein by reference. 23 SECTION 7. — Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use 24 Permit 15-09, subject to the Conditions of Approval attached hereto as Exhibit B and 25 incorporated herein by reference, is hereby approved. 26 SECTION 8. - Notice of Determination: The Planning Division of the Community Development Department is hereby directed to file a Notice of Determination with the County 27 28 9 I Clerk of the County of San Bernardino certifying the City's compliance with California 2 Environmental Quality Act in adopting the Mitigated Negative Declaration. SECTION 9. Severability: If any section, subsection, subdivision, sentence, or 3 clause or phrase in this Resolution or any part thereof is for any reason held to be 4 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 5 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any 6 part thereof. The Mayor and Common Council hereby declares that it would have adopted 7 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 8 clauses, or phrases be declared unconstitutional, invalid, or ineffective. 9 HI 10 11 /// 12 13 14 15 16 17 /// HI 18 19 20 21 22 23 24 25 HI 26 /// 27 28 10 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE 2 DECLARATION AND APPROVING SUBDIVISION 15-02 (TENTATIVE PARCEL MAP 19648) AND CONDITIONAL USE PERMIT 15-09 TO ALLOW THE 3 DEVELOPMENT, ESTABLISHMENT AND OPERATION OF MARY'S VILLAGE ON 4 A PARCEL CONTAINING APPROXIMATELY 11.02 ACRES LOCATED ON THE NORTH SIDE OF WALNUT STREET BETWEEN PICO AVENUE AND SAN MARCOS 5 STREET. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 8 18th day of July, 2016, by the following vote to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x 11 BARRIOS x 12 VALDIVIA x 13 SHORETT x 14 NICKEL x 15 RICHARD x 16 MULVIHILL x 17 18 Georgea Hanna, C, City Clerk 19 S -r- 20 The foregoing Resolution is hereby approved this �� ``day of Jul 2016. 21 22 R. CAREY D IS, Mayor 23 City of San B rnardino 24 Approved as to form: Gary D. Saenz, 25 City Attorney 26 , By. 27 28 11 2016-158 Mary's Village Project EXHIBIT"A" City of San Bernardino Mitigated Negative Declaration MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program has been prepared for use in implementing mitigation for the: Mary's Village Project The program has been prepared in compliance with State law and the Mitigated Negative Declaration (MND) prepared for the project by the City of San Bernardino(City.) The California Environmental Quality Act (CEQA) requires adoption of a reporting or monitoring program for those measures placed on a project to mitigate or avoid adverse effects on the environment(Public Resource Code Section 21081.6). The law states that the reporting or monitoring program shall be designed to ensure compliance during project implementation. The monitoring program contains the following elements: 1) The mitigation measures are recorded with the action and procedure necessary to ensure compliance. In some instances, one action may be used to verify implementation of several mitigation measures. 2) A procedure for compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3) The program has been designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. As changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. This Mitigation Monitoring and Reporting Program includes mitigation identified in the MND. MITIGATION MONITORING AND RESPONSIBILITIES As the Lead Agency, the City is responsible for ensuring full compliance with the mitigation measures adopted for the proposed project. The City will monitor and report on all mitigation activities. Mitigation measures will be implemented at different stages of development throughout the project area. In this regard, the responsibilities for implementation have been assigned to the Applicant, Contractor, or a combination thereof. If during the course of project implementation, any of the mitigation measures identified herein cannot be successfully implemented, the City shall be immediately informed, and the City will then inform any affected responsible agencies. The City, in conjunction with any affected responsible agencies, will then determine if modification to the project is required and/or whether alternative mitigation is appropriate. 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E _ © E ` o m § \ ƒ k § 0- zM-0mU Bk/ § \ K 2016-158 EXHIBIT "B" CONDITIONS OF APPROVAL SUBDIVISION 15-02 (TENTATIVE PARCEL MAP 19648) AND CONDITIONAL USE PERMIT 15-09 1. This approval is to allow the change of the General Plan Land Use Designation and Zoning District of the subject 11.02 acre site from Residential Urban (RU) to Residential Medium (RM); the consolidation of the existing vacant parcels into four (4) separate parcels; and, the development, establishment and operation of a men's residential complex providing comprehensive on-site transitional housing, and medical, behavioral health, training and support services with the on-site and off-site improvements. The project site is located on the north side of Walnut Street between Pico Avenue and San Marcos Street 2. The project site shall be developed and maintained in accordance with the plans stamped July 18, 2016 (EXHIBIT "A"), approved by the Mayor and Common Council on file in the Planning Division; the Conditions of Approval contained herein; and, the City's Municipal Code regulations. 3. The project shall be subject to all of the mitigation measures contained in the Mitigation Monitoring and Reporting Program, dated July 18, 2016, approved by the Mayor and Common Council, and incorporated herein by reference as Conditions of Approval. 4. Within two (2) years of the Conditional Use Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, 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. EXPIRATION DATE: July 18,2018 5. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items, thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 6. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, 2016-158 elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "Attorney's fees" for the purpose of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. Planning Division 7. The applicant, facility operator, and/or property owner shall submit Operational, Management and Security Plans for the men's residential complex to the Planning Division for review and approval prior to the issuance of any grading or building permit. 8. Within two (2) years of the final Mayor and Common Council approval, construction of Phase 1 shall commence. Construction of Phase 2 shall commence within three (3) years of the Mayor and Common Council approval. Construction of Phase 3 shall commence within four (4) years of the Mayor and Common Council approval. Construction of Phase 4 shall commence within five (5) years of the Mayor and Common Council approval. Failure to meet the construction commencement requirements shall make the approval of the remaining Phases null and void. 9. Phase 1 shall have a maximum of 85 residents, and the overall project shall have a maximum of 115 residents. 10. A six (6) foot high decorative masonry wall shall be constructed along all exterior property lines. 11. The applicant shall post a bond in an amount equivalent to the cost of landscaping, including landscape installation and one year of maintenance service. The purpose of the bond is to ensure that all landscaping survives the planting process and lasts for a period of at least one year. The bond will be released no sooner than one year after issuance of the Final Certificate of Occupancy and only after such time as the survival of the landscaping has been verified by City staff. 12. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 13. Minor modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. 2016-158 14. 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 shall be removed and cleaned up within 24 hours of being reported. 15. Within six (6) months from the issuance of the Certificate of Occupancy for each phase, for a period of two (2) years, the Planning Division shall conduct an inspection of the business operations and property to ensure compliance with the Conditions of Approval to the satisfaction of the Community Development Director. In the event that an unresolved issue continues to exist, the applicant shall submit an application, and appropriate application fee, for reconsideration by the Planning Commission. 16. The project shall comply with all applicable requirements of the City of San Bernardino Community Development Department, Land Development and Building & Safety Divisions, Fire Department, Police Department, Municipal Water Department, Public Works Department, and the City Clerk's Office/Business Registration Division. Land Development Division 17. Drainage and Flood Control Phase 1, 2, 3 and 4 a. All necessary drainage and flood control measures shall be subject to requirements of the Building Official, which may be based in part on the recommendations of the San Bernardino County Department of Flood Control. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. b. A permit will be required from the San Bernardino County Department of Transportation and Flood Control, if any work is required within the Flood Control District's right-of-way. c. The development is located within Zone X of the Federal Insurance Rate Maps on booklet#06071C8677 H with year 08/28/08. d. All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. e. If site drainage is to be 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. 2016-158 f. A Full Categorical Water Quality Management Plan (WQMP) and a Storm Water Pollution Prevention Plan (SWPPP) is required for this project. The applicant is directed to the County of San Bernardino Flood Control web page for the WQMP Technical Guidance Document and template. The Building Official, prior to issuance of any permit, shall approve the WQMP and the SWPPP. A CD copy of the approved WQMP and SWPPP are required prior to Occupancy. The bearings for the project site shall be noted on the WQMP. The proposed infiltration trench shall be constructed to ensure stabilization of the slopes. g. Emergency overflow from the site shall not discharged into Lytle Creek Channel without written authorization from the San Bernardino County Department of Flood Control. h. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 1 acre or more of land. i. The Building Official, 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. 18. Grading and Landscaping Phase 1, 2, 3 and 4 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", the WDID number shall be placed on the Grading plans unless otherwise approved by the Building Official. b. If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 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. 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. A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. 2016-158 e. 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. f. Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped. g. The refuse enclosure(s) must be constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3' wide by 6 " high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee. h. 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 Building permit issued by the Building Official. All masonry walls shall be constructed of decorative block and articulated every 100 feet with architectural features acceptable to the City Planner. i. 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, • Photometric plot shall be provided which show that the proposed on-site lighting design will provide: • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and 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. 2016-158 k. An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. 1. Where an accessible path of travel crosses drive aisles, it shall be delineated by textured/colored concrete pavement. m. The project Landscape Plan shall be reviewed and approved by the Building Official prior to issuance of a grading permit. Submit 5 copies to the Land Development Division for Checking. n. 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. 19. 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, and sewer. b. This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. c. Phases 1, 3 and 4 - All existing overhead utilities adjacent to or traversing the site on either side of the street on Congress Street, Artesia Street, and Pico Street shall be placed underground in accordance with Section 19.20.030. d. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer as stated in Development Code Section 19.20.030. 20. Mapping Phase 1 a. A Final Map based upon field survey will be required. b. Additional survey and map information including, but not limited to, building setbacks, flooding and zones, seismic lines and setbacks, geologic mapping and archeological sites shall be submitted to the City Engineer for plan check. 21. Improvement Completion Phase 1 a. Street, and sewer improvement plans for the entire project shall be completed, subject to the approval of the City Engineer, prior to the Map recordation. b. If the construction/installation of required improvements is not completed prior to Map recordation, an improvement security accompanied by an agreement executed by the developer and the City will be required. 2016-158 22. Street Improvement and Dedications a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right of Way Curb Line Artesian Street 50 feet 18 feet Congress Avenue 50 feet 18 feet Pico Street 50 feet 18 feet b. Phase 4 - Pico Street shall be rehabilitated and the structural street section shall be designed on the "R" value of the subgrade as determined by soils testing and the traffic Index. The minimum AC thickness shall be 4 inches with an AB thickness of 6 inches. The offset cul-de-sac shall be constructed according to the City of San Bernardino standard. c. Phase 1 and 4 - The full width pavement on Artesia Street and Congress Street adjoining the site shall be rehabilitated full width and the structural street section shall be designed on the "R" value of the subgrade as determined by soils testing and the traffic Index. The minimum AC thickness shall be 4 inches with an AB thickness of 6 inches. d. Phase 1, 3 and 4 - Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site on Congress Street, Artesian Street and Pico Street. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer. e. Phase 1, 3 and 4 - Construct sidewalk adjacent to the site on Congress Street, Artesian Street and Pico Street in accordance with City Standard No. 202; Case "A" (6' wide adjacent to curb). f. All Phases - Construct Driveway Approaches per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. g. Phase 1, 3 and 4 - Construct all cul-de-sac's and knuckles in accordance with City Standard Drawing No. 101. 2016-158 h. All Phases - A Street cut permit, issued by the City Engineer, will be required for utility cuts into existing streets. The required method shall include a slurry coat along the frontage of the project site to center line. If trenching crosses both sides of the street, both sides shall have a slurry coat and stripping along the frontage of the project site. i. Phase 1, 3 and 4 - Install Street Lights adjacent to the site on Congress Street, Artesia Street and Pico Street in accordance with City Standard Nos. SL-1 and SL-2. Also, a separate light plan shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. 23. Phasiniz a. If the project is to be developed in phases, each individual phase shall be designed to provide maximum public safety, convenience for public service vehicles, and proper traffic circulation. b. Improvement plans for the total project or sufficient plans beyond the phase boundary to verify the feasibility of the design shall be complete to the satisfaction of the City Engineer and/or Building Official. c. Dead-end streets shall be provided with a minimum 32 foot radius paved turn around. d. A properly designed water system shall be constructed, which is capable of providing required fire flow, perhaps looping or extending beyond the phase boundaries. 24. 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 landscaping and irrigation, ■ Other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. 2016-158 ■ 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 satisfactory to the City Engineer or his designee shall be provided. c. After completion of plan checking, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval. d. Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org 25. Required Engineering Permits a. Grading permit. b. On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. c. Off-site improvement construction permit. 26. Applicable Engineering Fees a. All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment 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 27. Traffic Requirements a. 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