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HomeMy WebLinkAbout2018-0191 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-19 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING DEVELOPMENT PERMIT TYPE -D 16-25 TO ALLOW THE DEVELOPMENT, ESTABLISHMENT AND OPERATION OF AN INDUSTRIAL HIGH CUBE LOGISTICS WAREHOUSE BUILDING CONTAINING APPROXIMATELY 420,000 SQUARE FEET CONTAINING APPROXIMATELY 20.30 ACRES, ALONG WITH THE CONSTRUCTION OF THE REQUIRED ON-SITE AND OFF-SITE IMPROVEMENTS, LOCATED ON THE NORTH SIDE OF 6TH STREET AND EAST OF NORTH STERLINGAVENUE. WHEREAS, on December 6, 2016, pursuant to the requirements of §19.44.020 (Development Permits) of the City of San Bernardino Development Code, an application for Development Permit Type -D 16-25 was duly submitted by: Property Owner(s): Anza Butterfield Road, LLC. 10251 Vista Sorrento Parkway, Suite 200 San Diego, CA 92121 Project Applicant: Transtech 413 Mackay Drive San Bernardino, CA 92408 Property Address: North side East 6a` Street, east of North Sterling Avenue APN(S): 1192-181-01, and 1192-201-01 WHEREAS, Development Permit Type -D 16-25 is a request to allow the development, establishment and operation of an industrial high cube logistics warehouse building containing approximately 420,000 square feet on a site containing approximately 20.30 acres, along with the construction of the required on-site and off-site improvements; and WHEREAS, pursuant to the requirements of §15060(c) of the California Environmental Quality Act, the Planning Division of the Community Development Department has reviewed Development Permit Type -D 16-25 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, on July 20, 2017, pursuant to the requirements of § 19.44.030 of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and moved the Mitigated Negative Declaration, General 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plan Amendment 14-09, Development Code Amendment (Zoning Map Amendment) 14-18, and Development Permit Type -D 16-25 to the Planning Commission for consideration; and WHEREAS, on November 4, 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 the Mitigated Negative Declaration and General Plan Amendment 14-09, Development Code Amendment (Zoning Map Amendment) 14-18 and Development Permit Type -D 16-25 would be considered; 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 persons had an opportunity to testify in support of, or opposition to the Environmental Determination and General Plan Amendment 14-09, Development Code Amendment (Zoning Map Amendment) 14-18 and Development Permit Type -D 16-25 and at which meeting, the Planning Commission considered the Mitigated Negative Declaration and General Plan Amendment 14-09, Development Code Amendment (Zoning Map Amendment) 14-18 and Development Permit Type -D 16-25; and WHEREAS, after closing said public hearing, the Planning Commission adopted Resolution No. 2017-056 recommending to the Mayor and City Council the adoption of the Mitigated Negative Declaration, and the approval of General Plan Amendment 14-09, Development Code Amendment (Zoning Map Amendment) 14-18, and Development Permit Type -D 16-25; and WHEREAS, notice of the January 17, 2018 public hearing for the Mayor and City Council's consideration of the proposed Resolution was published in The Sun newspaper on December 23, 2017, and was mailed to property owners within a 500 foot radius of the project site in accordance with Development Code Chapter 19.52; and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals), and Chapter 19.44 (Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Development Permit Type -D 16-25. 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 and incorporate them herein. K 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2. FindinL�s of Fact — Development Permit Type -D 16-25. Finding No. 1: The proposed development is permitted within the subject zoning district and complies with all applicable provisions of the Development Code, including prescribed site development standards and applicable design guidelines. Finding of Fact: The proposed development of a 420,000 square foot industrial high cube warehouse facility is a permitted use within the proposed Industrial Light (IL) Zone, subject to the approval of a Development Permit Type -D with the appropriate Conditions of Approval and Mitigation Measures. The proposal under Development Permit Type -D 16-25 will be developed in compliance with all of the applicable provisions of the City of San Bernardino Development Code, including development standards and applicable design guidelines. Finding No. 2 1 Finding of Fact: The proposed use is consistent with the General Plan. General Plan Noise Element Policy 14.1.2 requires that automobile and truck access to commercial properties abutting residential parcels shall be located at the maximum distance from the residential parcel. General Plan Community Design Element Policy 5.4.1 requires that individual projects aggressively apply and enforce citywide landscape and development standards in new and revitalized development throughout the City. The proposed development of a 420,000 square foot industrial high cube warehouse facility has been designed with consideration for the adjacent residential neighborhoods. The loading docks have been placed as far from the residential uses as possible, which will reduce noise and air quality impacts from trucks docking and idling for a short time during loading and unloading operations. An eight (8) foot sound wall will be constructed to further reduce potential noise impacts. The building has been setback approximately 400 feet from 6a' Street to allow additional landscaped screening of the truck docks. The building has also been setback approximately 65 feet from the side property lines and approximately 120 feet from the rear property line to ensure a maximum distance from the existing residential uses. Additionally, the proposed project is permitted within the proposed Industrial Light (IL) zone, subject to the approval of a Development Permit Type -D with the appropriate Conditions of Approval and Mitigation Measures, and the proposed Industrial Light (IL) Zone is consistent with the proposed 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Industrial Land Use Designation set forth by the General Plan Land Use Map. Finding No. 3 The proposed development is harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property. Finding of Fact: The proposed development of a 420,000 square foot industrial high cube warehouse facility will be harmonious and compatible with existing and future developments within the proposed Industrial Light (IL) Zone. The surrounding area consists of a mixture of residential and industrial uses. Appropriate Conditions of Approval and Mitigation Measures have been imposed on the proposed development to ensure that the existing residential neighborhoods will not be negatively impacted by the development of the proposed industrial high cube warehouse facility. The scale and density of the proposed development conforms to the development standards of the Industrial Light (IL) Zone. Since the proposal is consistent with both the General Plan and Development Code, no land use conflict is expected to result from construction of the proposed project. Finding No. 4 The proposed development is in compliance with the requirements of the California Environmental Quality Act (CEQA) and §19.20.030 of the Development Code. Finding of Fact: In accordance with § 15063 of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared in connection with General Plan Amendment 14-09, Development Code Amendment (Zoning Map Amendment) 14-18 and Development Permit Type -D 16-25 for the development, establishment and operation of an industrial high cube warehouse facility containing approximately 420,000 square feet along with the construction of the required on-site and off-site improvements. In accordance with §15097 of CEQA, a Mitigation Monitoring and Reporting Program has been prepared in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts. Finding No. 5: There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. Finding of Fact: In accordance with § 15063 of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding No. 6: Finding of Fact in connection with General Plan Amendment 14-09, Development Code Amendment (Zoning Map Amendment) 14-18 and Development Permit Type -D 16-25 for the development, establishment and operation of an industrial high cube warehouse facility containing approximately 420,000 square feet along with the construction of the required on-site and off-site improvements. In accordance with §15097 of CEQA, a Mitigation Monitoring and Reporting Program has been prepared in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impact. Therefore, the proposed industrial high cube warehouse facility containing approximately 420,000 square feet along with the required on-site and off-site improvements will be completed in a manner so that it is consistent with the surrounding area, and no significant negative impacts on the environment are anticipated. The subject site is physically suitable for the type and density/intensity of use being proposed. The proposed industrial high cube warehouse facility containing approximately 420,000 square feet along with the required on-site and off-site improvements is permitted within the proposed Industrial Light (IL) Zone, subject to the approval of a General Plan Amendment, Development Code Amendment (Zoning Map Amendment) and Development Permit Type -D with the appropriate Conditions of Approval and CEQA determination. The subject site as an industrial development is sufficient in size to accommodate the proposal under Development Permit Type -D 16-25 as required by the City of San Bernardino Development Code. Therefore, the subject site is physically suitable for the proposal. Finding No. 7 There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. Finding of Fact: There are adequate provisions for public access, public utilities, and public services for the proposed industrial high cube warehouse facility containing approximately 420,000 square feet along with the construction of the required on-site and off-site improvements. The existing site is located adjacent to and already served by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval and Mitigation Measures, the proposed 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 development under Development Permit Type -D 16-25 will not be detrimental to public services or public health and safety. Finding No. 8 The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed development of the industrial high cube warehouse facility containing approximately 420,000 square feet along with the required on-site and off-site improvements conforms to all applicable development standards and land use regulations of the proposed Industrial Light (IL) Zone. Therefore, the design of the project, in conjunction with the recommended Conditions of Approval and Mitigation Measures, will ensure that the proposal will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor will it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed development will enhance the neighborhood to the benefit of the public interest and general welfare of the City. SECTION 3. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that Development Permit Type -D 16-25 will have no significant adverse effect on the environment with the adoption of the Mitigation Monitoring and Reporting Program; and, find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as accepted by the Planning Commission as to the effects of proposed General Plan Amendment 14-09, Development Code Amendment (Zoning Map Amendment) 14-18, and Development Permit Type -D 16-25, has been completed in compliance with CEQA and is hereby adopted and incorporated herein by reference. SECTION 4. Notice of Determination. The Planning Division of the Community Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City's compliance with the California Environmental Quality Act in adopting the Mitigated Negative Declaration. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5. — General Plan Amendment 14-09 and Development Code Amendment (Zoning Map Amendment) 14-18, as approved by Ordinance, is incorporated herein by reference. SECTION 6. — Conditions of Approval. Development Permit Type -D 16-25, is hereby approved subject to the following Conditions of Approval: 1. This approval is to change the General Plan Land Use Designation and Zoning District of a parcel containing approximately 20.30 acres from Residential Medium High (RMH) to Industrial Light (IL); and allow the development, establishment and operation of an industrial high cube warehouse facility containing approximately 420,000 square feet, along with the construction of the required on-site and off-site improvements. The project site is located on the north side of E. 6th Street and east of N. Sterling Avenue (APN: 1192-181-01, and 1192-201-01) within the Residential Medium High (RMH) Zone. 2. The project site shall be developed and maintained in accordance with the stamped plans (EXHIBIT "A"), approved by the City, which includes a site plan and concept landscaping plan 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 within the Mitigation Monitoring and Reporting Program (EXHIBIT `B"), incorporated herein by reference as Conditions of Approval. 4. Within two (2) years of the Development Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: January 17, 2020 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, elected officials, officers, 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "Attorney's fees" for the purpose of this condition. As part of .the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. 7. The Applicant shall provide for the abandonment of any well infrastructure that may be located on site or should the use of the well be incorporated into the project design, a revised site plan shall be required for staff review to ensure that the facilities are appropriately protected in place. If the well is abandoned, a lot merger combining the greater and smaller parcels shall be required. 8. Construction -related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities shall only occur Monday through Friday. 9. 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. 10. The landscaping and berming along 6h Street shall comply with the Opaque Screen, Type A pursuant to the Development Code § 19.28.040(3)(A). 11. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code 19.28.120, Water Efficient Landscaping Standards. 12. Minor modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. 13. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Services Department and the City Clerk's Office/Business Registration Division. 14. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equalization), as applicable. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 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. 16. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 17. All exterior lighting shall be contained within property lines and energy efficient with the option to lower or reduce usage when the facility is closed. 18. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets. 19. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. Land Development Division Conditions 20. Drainage and Flood Control a. A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. b. The detention basin shall be designed in accordance with "Detention Basin Design Criteria for San Bernardino County." Retention basins are not acceptable. C. The development is located within Zone X of the Federal Insurance Rate Maps on booklet #06071 C7901 J with year 09/02/2016. 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 outlet 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. f. A Preliminary Full -Categorical Water Quality Management Plan (WQMP) is conceptually approved with minor comments to incorporate into the Final WQMP Plan. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 g. A Final Full -Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the County of San Bernardino's Flood Control web page for the template and Technical Guidance Document. The Land Development Division, prior to issuance of any permit, shall approve the WQMP. A CD copy of the approved WQMP is required prior to grading permit issuance. h. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD copy of the approved SWPPP shall be submitted to City prior to grading permit issuance. i. A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. j. The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 21. Grading and Landscaping a. The grading and on-site improvement plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the Building Official. b. If more than 5,000 cubic yards of earthwork is proposed, the grading shall be supervised in accordance with Section 3317.2 of the California Building Code. C. 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. d. If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. e. 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. f. 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. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 g. 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. h. 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, except as allowed by the Development Review Committee. i. The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with an accessible path of travel. The minimum size of the refuse enclosure shall be 8 feet x 15 feet for bins storage area. 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. j. Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on- site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. k. No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner's agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee. All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition. 1. The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design with structural calculations, conduit location, material and size, and Photometric plot shall be provided which show that the proposed on-site lighting design will provide: • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and • 0.25 foot-candles security lighting during all other hours. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M. The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. n. An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. o. The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking. P. 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. q. The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a Landscape and Lighting Maintenance District, in which case, a separate landscape plan shall be provided. r. All electrical transformers located outdoors on the site, shall be screened from view with a solid wall or landscaping and shall not be located in any setback/right-of-way area. If the transformer cannot be screened, it shall be located in an underground vault unless approved by the City Engineer pursuant to Section 19.30.110. S. Prior to the issuance of a grading permit, the applicant shall do the following: 1) Investigate the title/ownership of the well parcel (APN: 1192-201-01), and plot all easements related to the well parcel. The applicant shall then submit its findings and maps to the City of San Bernardino and the current owner of the well parcel (the Cohens). 2) The applicant shall thereafter work diligently with the City and the Cohens to either: - Keep the well site and related easements, pipelines, access, etc., in place in favor of the current ownership. Or, - Acquire 100% ownership of the well site (parcel) and either merge it with its own parcel (APN: 1192-181-01) or leave it on a separate parcel. 22. Landscape Maintenance District a. The proposed project is located in an existing Assessment District 1053. The project shall be subjected the requirements set forth by Real Property Division. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23. Utilities IN a. Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b. The project site shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. C. Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d. This project is located in the sewer service area of the East Valley Water District; therefore, any necessary sewer main extension shall be designed and constructed in accordance with requirements of the East Valley Water District. e. Utility services shall be placed underground and easements provided as required. f. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines. g. Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On -Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 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: 0 Street Name Right of Way(ft.) Curb Line(ft) 6' Street 44 (24' Dedication Required) 32 McKinley Street To be Coordinated with Public Works Department Cypress Street To be Coordinated with Public Works Department 6'' 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 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 201 21 22 23 24 25 26 27 28 125 Index. The minimum AC thickness shall be 4 inches with an AB thickness of 8 inches. C. Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. 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. d. Construct sidewalk adjacent to the site in accordance with City Standard No. 202; Case "A" (6' wide adjacent to curb). e. 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. f. If A Radius type Driveway Approach is proposed in lieu of the standard drive approach, the throat of the driveway shall be paved in colored textured concrete & accessible bypass crossing the approach shall be provided. The truck turning radius shall be verified with Public Works for final radius determination. g. Construct knuckle on the corner of McKinley Street and Cypress Street in accordance with City Standard Drawing No. 101 or as approved by Public Works Department. h. An encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City's right-of-way. Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction. i. The Applicant shall use best efforts to obtain a letter from the City of Highland and the Fire District allowing dead end streets with emergency access only at the terminus of Vine Street, and 7a` Street along the western property line. j. City of Highland Permit shall be required for any work within City of Highland's right-of-way. k. The existing power pole on the McKinley Street and utility pole on Sixth Street shall be relocated to an approved location by Public Works Department at developer's expense. 1. Install LED Street Lights adjacent to the site 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. In. The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. Required Engineering Plans a. A complete submittal for plan checking shall consist of: 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 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 submitted to EVMWD), 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), ■ traffic signal plans, IN 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), s grading (may be incorporated with on-site improvement plan), on-site improvement plans and on-site landscaping and irrigation, ■ water plans (shall be submitted to San Bernardino Municipal Water Department), ■ landscaping and irrigation in the Landscape and Lighting Maintenance District, and ■ other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. I© 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.or 26. 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. 27. 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 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I: 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.sbcit,,,.org Traffic Requirements a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer. I Building and Safety Division Conditions 129. This is a formal submittal to the building Division and shall include all required documents, which includes a soils report, when determined to be required. 30. Address the requirements of the California Green Code 2016 for all debris. Check the VOC forms per code. 31. Check Chapter 3 of the California Building Code for the Occupancy Requirements and Chapter 4 for the Special Use Requirements. 32. As a reminder the Building Department submittal is separate from the Fire Department. Please show location of all existing hydrants. 3 3. Refer to Chapter 11 B of the California Building Code 2016 for ADA Requirements. 34. Refer to Section 105 Permits for all required permits of the California Building Code 2016. San Bernardino County Consolidated Fire District Conditions 35. Shall comply with all Building, Fire Codes and Fire District standard requirements based on occupancy classification. 36. Any changes to this proposal shall require a new Fire District condition letter. 37. Any changes to the approved life safety system shall require plans to be submitted to the Fire District prior to construction including fire sprinklers, fire alarms, underground water supply for fire protection, cooking appliances and Hood protections. 38. Monitored fire sprinkler system is required for the proposed building(s). Plans shall be submitted to the Fire District prior to construction. PER CFC 903.2.1.1. 39. Knox Box/Key Box is required and shall be provided and installed in accordance with California Fire Code & Fire District standard. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40. Required Fire Flow for this project shall meet the minimum requirements established in the California Fire Code. 41. An approved on-site fire protection water system in accordance with the Fire District standard is required. The system is required to be in place and serviceable prior to building construction. 42. An approved water supply system, complete with street fire hydrants complying with the Fire District standard shall be in place prior to any combustible construction. 43. Provide a complete on-site fire protection plan to the Fire District which indicates the location of all required fire protection appliances (FDCs, PIVs, DDCs, proposed and existing fire hydrants, etc.). 44. Fencing, walls or car ports shall not obstruct Fire District access to fire hydrants and property. 45. Paved access from two (2) points shall be required for completion and occupancy. 46. All access gates shall require mechanical means for opening in the event of a power failure, shall not impinge on required clear width when fully opened and shall be equipped with Know Box lock actuation devices. 47. Interior/exterior Fire District access roadways/fire lanes shall be required per Fire District standard. Any gates installed, must comply with Fire District standard. 48. Storage containers shall not block Fire District Access. 49. Provide the following fire District notes on the site utility plan: • A separate permit is required by the Fire District for installation of on-site water systems. No work may begin until the permit has been obtained. A permit application may be obtained from Fire Prevention. • All hydrants shall have a blue reflective dot placed in the drive lane adjacent to the hydrants per Fire District standard. • Paint curbs red, 15' to either side of fire hydrant and FDC. • Fire District Connection required within 50 feet of hydrant. • Bollards (crash posts) may be required at time of final inspection (to protect the fire hydrants and FDC from vehicular traffic). • Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and 500 feet for residential areas. 50. Paved access from 2 points are required to be 30 feet in width, 3 stories or more in height, or over 300,000 square feet. 51. Premise and Building Identification and addressing shall be a minimum of 12 inches in height. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 52. All fire access roads shall be paved and an all-weather surface and shall meet the minimum turning radius. 53. A 50% reduction for water flow will be given for the installation of required fire sprinklers. Required fire flow is 8,000 gpm at 20psi for 2 hours. Reduction for installation of required fire sprinklers, the fire flow now is 4,000 gpm for 4 hours and the minimum requirement for 2 hours. 54. If the warehouse will be used for storage, the sprinkler design will comply with the requirements on NFPA for heights and commodity. All spec buildings shall be designed to a minimum of 6/3000 sprinkler design. 55. Fire Control Room is required all warehouse over 300,000. See standard: S1 for construction requirements. 56. Five or more sprinkler risers or buildings exceeding 100,000 square feet shall have two points of connection. 57. High Piled Storage plans shall be submitted prior to any storage or approval of racks within the warehouse. Contact 909-918-2201. 58. Fire extinguishers are required throughout. All spacing shall meet CFC for spacing and size. 59. All exiting shall comply with the California Fire Code and Building Code for travel distance, lineal feet, and width. 60. Annual Fire Department Permit is required. Contact 909-918-2201 for information. 61. Fire access roads shall be a minimum of 30 feet unobstructed with designation marking per Fire District standards. 62. The project may require a fire pump for sprinkler supply. Show pump house on plans. The pump house needs to be located at least 50 feet from the building served by each pump house per NFPA. 63. Fire access shall be provided on all four sides of the buildings. 64. Fire access roadways serving more than 300,000 square feet shall be a minimum of 30 feet in unobstructed width. All other required fire access roadways shall be 26 feet in unobstructed width. SECTION 8. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any i Z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 111 /// /// /// 111 IlI /// HI 19 1 2 3 4 5 6 7 8 9 10i 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGTED NEGATIVE DECLARATION AND APPROVING DEVELOPMENT PERMIT TYPE -D 16-25 TO ALLOW THE DEVELOPMENT, ESTABLISHMENT AND OPERATION OF AN INDUSTRIAL HIGH CUBE LOGISTICS WAREHOUSE BUILDING CONTAINING APPROXIMATELY 420,000 SQUARE FEET CONTAINING APPROXIMATELY 20.30 ACRES, ALONG WITH THE CONSTRUCTION OF THE REQUIRED ON-SITE AND OFF-SITE IMPROVEMENTS, LOCATED ON THE NORTH SIDE OF 6' STREET, EAST OF NORTH STERLING AVENUE. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 17a' day of January 2018, by the following vote, to wit: Council Members: AYES MARQUEZ BARRIOS VALDIVIA -� SHORETT X NICKEL X X RICHARD MULVIHILL NAYS ABSTAIN ABSENT am GeorgeantAianna, CTAV, City Clerk The foregoing Resolution is hereby approved this 17'b day of J /�f � R. Carey I City of Sa Approved as to form: Gary D. Saenz, City Attorney B: 20 2018. Kis, Mayor Bernardino 1 2 3 4 5 6 7 8 9 10 111 12'' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A APPROVED PLANS 21 1 2 3 4 5 6 7 8. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM 22