HomeMy WebLinkAbout2018-0911
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RESOLUTION NO. 2018-91
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION
AND APPROVING DEVELOPMENT PERMIT TYPE -P 17-05 TO ALLOW THE
CONVERSION OF AN EXISTING COMMERCIAL OFFICE BUILDING CONTAINING
APPROXIMATELY 6,844 SQUARE FEET TO A RESIDENTIAL APARTMENT
COMPLEX COMPRISED OF A TOTAL OF NINE (9) DWELLING UNITS ON TWO (2)
PARCELS CONTAINING A TOTAL OF APPROXIMATELY 0.32 ACRES LOCATED AT
1595 N. ARROWHEAD AVENUE (APNS: 0146-131-01, AND 02) WITHIN THE
COMMERCIAL OFFICE (CO) ZONE
WHEREAS, on October 19, 2017, pursuant to the requirements of §19.44.020
(Development Permits) of the City of San Bernardino Development Code, an application for
Development Permit Type -P 17-05 was duly submitted by:
Property Owner(s): Ocean Investment Group
P.O. Box 1073
San Clemente, CA 92674
Project Applicant: Ocean Investment Group
P.O. Box 1073
San Clemente, CA 92674
Property Address: 1595 N. Arrowhead Avenue
APN(S): 0146-131-01, and 02
WHEREAS, Development Permit Type -P 17-05 is a request to allow the conversion
of an existing commercial office building containing approximately 6,844 square feet to a
residential apartment complex comprised of nine (9) dwelling units on two (2) parcels
containing a total of approximately 0.32 acres; and
WHEREAS, pursuant to requirements of §15060(c) of the California Environmental
Quality Act, the Planning Division of the Community Development Department evaluated
Development Permit Type -P 17-05; and for consistency with the City of San Bernardino
General Plan and compliance with the City of San Bernardino Development Code; and
WHEREAS, on January 24, 2017, pursuant to the requirements of § 19.44 of the City
of San Bernardino Development Code, the Development and Environmental Review
Committee reviewed the application and moved Development Permit Type -P 17-05 to the
Planning Commission for consideration; and
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WHEREAS, on February 10, 2018, 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,
and by mailing notices to the property owners within 500 feet of the subject property of the
holding of a public hearing at which the Categorical Exemption and Development Permit
Type -P 17-05 would be considered; and;
WHEREAS, on February 20, 2018, 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 Categorical Exemption and Development Permit Type -P 17-05 and at which
meeting the Planning Commission considered the Categorical Exemption and Development
Permit Type -P 17-05; and
WHEREAS, after closing said public hearing, the Planning Commission adopted
Resolution No. 2018-011 recommending to the Mayor and City Council the adoption of the
Categorical Exemption, and the approval of Development Permit Type -P 17-05; and
WHEREAS, notice of the March 21, 2018 public hearing for the Mayor and City
Council's consideration of the proposed Resolution was published in The Sun newspaper on
March 10, 2018, 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 -P
17-05.
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.
SECTION 2. Findings of Fact — Development Permit Type -P 17-05.
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.
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Finding of Fact: The proposed development is not one permitted within the zoning
district in which it is located, but the Development Code Amendment to
allow the adaptive reuse of existing commercial and office structures
within strategic locations will allow the City to meet additional General
plan goals, and Conditions of Approval will be applied to the proposed
project to ensure that the project will meet the necessary development
standards and design guidelines.
Finding No. 2: The proposed use is consistent with the General Plan.
Finding of Fact: General Plan Land Use Element Goal 2.4 — Enhance the quality of life
and economic vitality in San Bernardino by strategic infill of new
development and revitalization of existing development.
General Plan Housing Element Policy 3. 1.1 — Provide adequate sites to
accommodate the production of a variety of housing types through land
use designation, zoning, specific plans, and overlay zones.
General Plan Housing Element Policy 3.2.4 — Encourage and facilitate
the rehabilitation and reuse of distressed and abandoned properties.
General Plan Housing Element Policy 3.5.4 — Encourage and facilitate
the construction, maintenance, and preservation of a variety of housing
types adequate to meet a range of household needs.
General Plan Housing Element Policy 3.6.2 — Facilitate housing
development and rehabilitation that conserve natural resources and
minimize greenhouse gas emissions.
General Plan Community Design Element Policy 5.6.4 — Provide usable
common space amenities. Common open space should be centrally
located and contain amenities such as seating, shade and play
equipment. Private open space may include courtyards, balconies,
patios, terraces, and enclosed play areas.
General Plan Community Design Element Policy 5.6.5 — Provide
convenient access from multi -family development to nearby
commercial centers, schools, and transit stops.
General Plan Safety Element Policy 10.5.4 — Require new development
and significant redevelopment to utilize site preparation, grading and
foundation designs that provide erosion control to prevent
sedimentation and contamination of waterways.
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The proposed project is located near community centers, schools, and
transit stops, will reduce greenhouse gas emissions associated with new
development, will increase the housing stock and provide a an
additional housing type, and allow for the revitalization and reuse of a
building that has been vacant for approximately five (5) years.
Therefore, the proposed project is consistent with the General plan.
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 project is located within a mix of existing multi -family
and single-family developments and will be harmonious and
compatible with those uses and the surrounding area.
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 §15060(c) of the California Environmental Quality
Act, the Planning Division of the Community Development Department
evaluated Development Permit Type -P 17-05 for the conversion of an
existing office building to a nine (9) unit apartment complex. The
Planning Division staff has analyzed proposed Development Permit
Type -P 17-05 and has determined that it is Categorically Exempt from
CEQA pursuant to §15301 of the CEQA Guidelines and Conditions of
Approval will be imposed to alleviate potential impacts. Therefore, the
proposed project is in compliance with the requirements of the
California Environmental Quality Act (CEQA) and §19.20.030 of the
Development Code.
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 §15060(c) of the California Environmental Quality
Act, the Planning Division of the Community Development Department
evaluated Development Permit Type -P 17-05 for the development of a
conversion of an existing office building to a nine (9) unit apartment
complex and determined that the proposed project is Categorically
Exempt from CEQA pursuant to §15301 of the CEQA Guidelines.
Additionally, Conditions of Approval will be imposed to alleviate
potential impacts. Therefore, the proposed conversion of an existing
office building to a nine (9) unit apartment complex will be completed
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in a manner so that it is consistent with the surrounding neighborhood,
and no significant negative impacts on the environment are anticipated.
Finding No. 6: The subject site is physically suitable for the type and density/intensity
of use being proposed.
Finding of Fact: The proposed development of a conversion of an existing office
building to a nine (9) unit apartment complex will be converted in a
manner consistent with the standards and guidelines proposed in
Development Code Amendment 17-07 and will be consistent with the
density and intensity and the surrounding neighborhood and is
therefore, suitable for the type and density/intensity of uses being
proposed.
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:
Finding No. 8
There are adequate provisions for public access, public utilities, and
public services for the proposed development of a mixed use
commercial -residential development. The existing building is 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, the proposed
conversion of an existing office building to a nine (9) unit apartment
complex under Development Permit Type -P 17-05 will not be
detrimental to public services or public health and safety.
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 project will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City or the surrounding
area as it is located adjacent to mix of existing multi -family and single-
family developments, several schools, transit stops, and commercial
centers, and will increase the City's housing stock while decreasing the
amount of greenhouse gas emissions that would typically be generated
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by new development projects. The proposed project will also revitalize
and reoccupy a building that has been vacant for approximately five (5)
years.
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
Categorical Exemption pursuant to§ 15301 (Existing Facilities) of CEQA , and written and oral
testimony, and having exercised their independent judgment, find that Development Permit
Type -P 17-05 will have no significant adverse effect on the environment; and, find that the
Categorical Exemption as accepted by the Planning Commission as to the effects of proposed
Development Permit Type -P 17-05, has been completed in compliance with CEQA and is
hereby adopted and incorporated herein by reference.
SECTION 4. Notice of Exemption. The Planning Division of the Community
Development Department is hereby directed to file a Notice of Exemption 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 Categorical Exemptions.
SECTION 5. — Development Code Amendment 17-07, as approved by Ordinance, is
incorporated herein by reference.
SECTION 6. — Conditions of Approval. Development Permit Type -P 17-05 is hereby
approved subject to the following Conditions of Approval:
1. This approval is to allow the conversion of an existing commercial office building into a
residential apartment complex comprised of nine (9) dwelling units containing
approximately 6,844 square feet on two (2) parcels containing a total of approximately
0.32 acres located at 1595 N. Arrowhead Avenue (APNs: 0146-131-01, and 02) within the
Commercial Office (CO) Zone.
2. The project site shall be developed in a manner consistent with the development
guidelines establish by the Development Code Amendment (EXHIBIT A of Attachment
1) and maintained in accordance with the plans stamped February 20, 2018 (EXHIBIT A
of Attachment 2), approved by the City, which includes a site plan, on file in the Planning
Division; the Conditions of Approval contained herein; and, the City's Municipal Code
regulations.
3. 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
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obtained prior to commencement of specified construction activities included in the
Conditions of Approval.
EXPIRATION DATE: April 4, 2020
4. 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.
5. In the event this approval is legally challenged, the City will promptly notify the applicant
of any claim, action or proceeding and will cooperate fully in the defense of this matter.
Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San
Bernardino (City), any departments, agencies, divisions, boards or commission of the City
as well as predecessors, successors, assigns, agents, directors, elected officials, officers,
employees, representatives and attorneys of the City from any claim, action or proceeding
against any of the foregoing persons or entities. The applicant further agrees to reimburse
the City for any costs and attorneys' fees, which the City may be required by a court to
pay as a result of such action, but such participation shall not relieve applicant of his or
her obligation under this condition. The costs, salaries, and expenses of the City Attorney
and employees of his office shall be considered as "Attorney's fees" for the purpose of
this condition. As part of the consideration for issuing this Development Permit, this
condition shall remain in effect if the Development Permit is rescinded or revoked,
whether or not at the request of applicant.
Planning Division
6. Construction -related activities may not occur between the hours of 8:00 pm and 7:00
am. No construction vehicles, equipment, or employees may be delivered to, or arrive
at the construction site before 7:00 am or leave the site after 8:00 pm. Construction
activities may only occur Monday through Friday.
7. 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.
8. The project landscape plans shall be prepared in accordance with Development Code
Section 19.28.120, Water Efficient Landscaping Standards.
9. The project shall comply with all applicable requirements of the Building and Safety
Division, the San Bernardino County Consolidated Fire District, Police Department,
Municipal Water Department, Public Services Department and the City Clerk's
Office/Business Registration Division.
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10. This approval shall comply with the requirements of other outside agencies (i.e., San
Bernardino County Health Department, Division of Environmental Health Services,
and California Board of Equalization), as applicable.
11. 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.
12. 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.
13. All exterior lighting shall be energy efficient with the option to lower or reduce usage
when the facility is closed.
14. 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.
15. 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
16. Drainage and Flood Control
a. 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.
b. An erosion control plan shall be required and approved by Land Development
prior to Building Permit issuance.
c. 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.
d. Accessibility features including but not limited to parking spaces and path of
travel can be shown on the building plan. Spot elevations and slope shall be
provided to verify accessibility compliance.
M.
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e. A minimum of 98 inches vertical clearance shall be provided for the van
accessible parking space.
f. A Lot Merger is required for this project. The applicant is directed to the City's
web page at www.sbcit"— Departments — Public Works — Submittal
Requirements for submittal requirements.
g. 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.
h. 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.
17. Street Improvement and Dedications
a. If the existing sidewalk and/or curb & gutter adjacent to the site are in poor
condition, the sidewalk and/or curb & gutter shall be removed and
reconstructed to City Standards. Curb & Gutter shall conform to Standard No.
200, Type "B" and sidewalk shall conform to Standard No. 202, Case "A" (6'
wide adjacent to curb), unless otherwise approved by the City Engineer.
b. At all curb returns within and adjacent to the project site, construct accessible
curb ramps in accordance with Caltrans Standards to comply with current ADA
accessibility requirements. Dedicate sufficient right-of-way at the corner to
accommodate the ramp.
c. 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.
d. 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.
e. Arrowhead Avenue and 16th Street shall have a 0.10 foot grind and asphalt
concrete overlay to the centerline of the project site frontage.
Building and Safety Division
18. Refer to Section 105 Permits for all required permits of the California Building Code
2016.
19. Address the requirements of the California Green Code 2016 for all debris, and check
the VOC forms per code.
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20. Check Chapter 3 of the California Building Code for the Occupancy Requirements and
Chapter 4 for the Special Use Requirements.
21. The formal submittal of plans to the Building Department shall include all required
documents.
22. Building plans shall be submitted separately to the Building & Safety Division, and
the San Bernardino County Consolidated Fire District. Plans must illustrate the
location of all existing hydrants.
23. Refer to Chapter 11 B of the California Building Code 2016 for ADA Requirements.
24. A Soil Report will be requested at the time of submittal.
San Bernardino County Consolidated Fire District
25. The plans shall comply with all current Building, Fire Codes and Fire Department
standard requirements based on occupancy classification.
26. Any changes to this proposal shall require new Fire Department condition letter.
27. Any changes to the approved life safety system shall require plans to be submitted to
the FD prior to construction including the following; (Fire Sprinklers, Fire Alarms,
Underground water supply for fire protection, Cooking appliances & Hood
protections).
28. Monitored fire sprinkler system is required for the proposed building(s). Plans shall
be submitted to the FD prior to construction. PER CFC 903.2.1.1
29. Knox Box/Key Box is required, and shall be provided and installed in accordance with
CFC & Fire Department Standard.
30. Required fire flow for this project shall meet the minimum requirements established in
the California Fire Code.
31. An approved on-site fire protection water supply system, in accordance with Fire
Department Standards may be required. The system is required to be in place and
serviceable prior to building construction.
32. Provide a complete on-site fire protection plan to the FD which indicates the location
of all required fire protection appliances (FDC's, PIV's, DDC's, proposed and existing
fire hydrants, etc.).
33. Fencing, walls or car ports shall not obstruct Fire Department access to fire hydrants
and property. Walk-thru gates will be required on Arrowhead Avenue to ensure Fire
Department access if property is fenced.
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34. Interior and exterior Fire Department access roadways/fire lanes shall be required per
Fire Department Standards. If gates are installed, they must comply with Fire
Department Standards.
35. Provide the following FD notes on the site utility plan:
• A separate permit is required by the Fire Department 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 Department Standard.
• Paint curbs red, 15' to either side of fire hydrant and FDC.
• Fire Department Connection required within 50 feet of a 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 for residential areas.
36. Premise and building identification and addressing shall be a minimum of 12 inch in
height. Single-family home addresses shall be a minimum of 4 inches in height and
shall be internally illuminated during the hours of darkness.
37. Fire Sprinklers are required for this project. Any tenant improvements in sprinklered
buildings requires a separate submittal to the San Bernardino County Consolidated
Fire District.
38. Fire Riser room is required. See County Standard requirements.
39. Fire extinguishers are required throughout. All spacing shall meet the CFC for spacing
and size.
SECTION 7. Severabilit.: If any section, subsection, subdivision, sentence, or
clause or phrase in this Resolution or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION
AND APPROVING DEVELOPMENT PERMIT TYPE -P 17-05 TO ALLOW THE
CONVERSION OF AN EXISTING COMMERCIAL OFFICE BUILDING
CONTAINING APPROXIMATELY 6,844 SQUARE FEET TO A RESIDENTIAL
APARTMENT COMPLEX COMPRISED OF A TOTAL OF NINE (9) DWELLING
UNITS ON TWO (2) PARCELS CONTAINING A TOTAL OF APPROXIMATELY
0.32 ACRES LOCATED AT 1595 N. ARROWHEAD AVENUE (APNS: 0146-131-01,
AND 02) WITHIN THE COMMERCIAL OFFICE (CO) ZONE
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
21St day of March 2018, by the following vote, to wit:
Council Members:
AYES
MARQUEZ
BARRIOS
k
VALDIVIA
k
SHORETT
iC
NICKEL
RICHARD
MULVIHILL
i
NAYS ABSTAIN ABSENT
Georgeann 14anna, CMC, it Clerk
The foregoing Resolution is hereby approved this 21St day of March 2018.
6-ce
�i
Approved as to form:
Gary D. Saenz, City Attorney
By:
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R. Carey Davis, ayor
City of San Be ardino
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EXHIBIT A
APPROVED PLANS
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