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RESOLUTION NO. 2018-119
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING THE PREVIOUS ENVIRONMENTAL
DETERMINATION AND APPROVING CONDITIONAL USE PERMIT 18-02 TO
ALLOW THE ESTABLISHMENT AND OPERATION OF A VETERINARY OFFICE,
WITH ANIMAL BOARDING, WITHIN A TENANT SPACE CONTAINING
APPROXIMATELY 4,200 SQUARE FEET WITHIN A PREVIOUSLY APPROVED
COMMERCIAL BUILDING LOCATED AT 1775 W. NORTHPARK BOULEVARD,
SUITE B1 (APN: 0141-372-26) WITHIN THE COMMERCIAL GENERAL (CG -3) ZONE
WHEREAS, January 9, 2018, pursuant to the requirements of Chapter 19.42 and
§19.36.020 of the City of San Bernardino Development Code, an application for Development
Code Amendment 17-02 and Conditional Use Permit 17-06 was duly submitted by:
Property Owner: University Park Shops, LLC
101 Main Street, Suite A
Seal Beach, CA 90740
Project Applicant: James R. Watson
101 Main Street, Suite A
Seal Beach, CA 90740
Parcel Address: 1775 W. Northpark Boulevard, Suite B 1
APN: 0141-372-26
WHEREAS, Conditional Use Permit 18-02 is a request to allow the establishment and
operation an veterinary office, with animal boarding, within a tenant space containing
approximately 4,200 square foot within a previously approved commercial building; and
WHEREAS, the Planning Division of the Community Development Department has
reviewed Conditional Use Permit 18-02 for consistency with the City of San Bernardino
General Plan and compliance with the City of San Bernardino Development Code; and
WHEREAS, pursuant to requirements of §15060(c) of the California Environmental
Quality Act, the Planning Division of the Community Development Department evaluated
Conditional Use Permit 18-02; 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
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Committee reviewed the application and moved Conditional Use Permit 18-02 to the Planning
Commission for consideration; 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 Previous Environmental Determination and Conditional Use Permit 18-02
and at which meeting the Planning Commission considered the Previous Environmental
Determination and Conditional Use Permit 18-02; and
WHEREAS, after closing said public hearing, the Planning Commission adopted
Resolution No. 2018-012 recommending to the Mayor and City Council the adoption of the
Previous Environmental Determination and the approval of Conditional Use Permit 18-02;
and
WHEREAS, notice of the April 18, 2018 public hearing for the Mayor and City
Council's consideration of the proposed Resolution was published in The Sun newspaper on
April 6, 2018, and was mailed to property owners within a 500 foot radius of the project site
in accordance with Development Code Chapter 19.52.
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals),
and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development
Code, the Mayor and City Council has the authority to take action on Conditional Use Permit
18-02.
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 — Conditional Use Permit 18-02.
Finding No. 1: The proposed use is conditionally permitted within, and would not
impair the integrity and character of the subject land use district and
complies with all of the applicable provisions of the Development
Code.
Finding of Fact: The proposed project is a conditionally permitted use, pursuant to
Development Code §19.06.020. The project site is located in the
Commercial General (CG -3) Zone, and is substantially surrounded by
existing commercial and residential uses. The proposed development
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will comply with all applicable Development Code standards, such as
parking landscaping, building setbacks and height, etc. Further, the
proposed use will enhance the existing commercial center and provide a
benefit to the surrounding residential uses.
Finding No. 2: The proposed use is consistent with the General Plan.
Finding of Fact: Table LU -2 of the City of San Bernardino General Plan describes the
Commercial General (CG -3) Zone within the commercial land use
district as allowing "Local and regional serving retail, personal service,
entertainment, office, and related commercial uses." The proposed
project will involve the establishment and operation of a veterinary
clinic within an existing commercial center that will serve surrounding
residential uses. Therefore the proposed project would be compatible
with surrounding land uses and consistent with the General Plan.
Finding No. 3: Approval of the Conditional Use Permit for the proposed use is in
compliance with the requirements of the California Environmental
Quality Act (CEQA) and § 19.20.03 0(6) of the Development Code.
I Finding of Fact:
I Finding No. 4
On April 4, 2006, the Planning Commission adopted a Mitigated
Negative Declaration with Conditional Use Permit 06-04 for the
construction of the existing commercial center. Therefore, the proposed
project is in compliance with the requirements of the California
Environmental Quality Act (CEQA) and § 19.20.030(6) of the
Development Code.
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: The project site is an existing developed commercial retail property and
the surrounding area is urbanized. Therefore, no significant negative
impacts on the environment are anticipated to result from the proposed
wireless facility.
Finding No. 5: 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 location and operating characteristics of the proposed project will
be consistent with all provisions of the Development Code and will be
compatible with the existing and future commercial land uses within the
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surrounding area. The proposal will not create conditions that may be
objectionable or detrimental to other existing uses in the vicinity
because the proposal will be consistent with the Commercial General
(CG -3) Zone. Furthermore, the project will provide positive
enhancement to the existing center. Therefore, no land use conflict or
adverse effects on public health, safety or welfare are anticipated to
result from establishment of a social service center at the subject site.
Finding No. 6: The subject site is physically suitable for the type and density/intensity
of use being proposed.
Finding of Fact: The site is physically suitable for the type and density/intensity of the
project being proposed. The existing commercial center is in
compliance with all applicable Development Code Standards and no
significant modifications to the property are being proposed by the
proj ect.
Finding No. 7: There are adequate provisions for public access, water, sanitation, and
public utilities and services to ensure that the proposed use would not
be detrimental to public health and safety.
Finding of Fact: The site has direct access off of N. University Parkway and W.
Northpark Boulevard. All agencies responsible for reviewing access
and providing water, sanitation and other public services to the site
have had the opportunity to review the proposal, and none indicated
inability to serve the project site. Establishment of the proposed
project, subject to Conditions of Approval, will not be detrimental to
public services or public health and safety.
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
Previous Environmental Determination pursuant to §15162 (Subsequent Negative Declarations)
of CEQA, and written and oral testimony, and having exercised their independent judgment, find
that Conditional Use Permit 18-02 will have no significant adverse effect on the environment;
and, find that the Previous Environmental Determination as accepted by the Planning
Commission as to the effects of proposed Conditional Use 18-02, 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.
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SECTION 5. — Development Code Amendment 18-01, as approved by Ordinance, is
incorporated herein by reference.
SECTION 6. — Conditions of Approval. Conditional Use Permit 18-02 is hereby
approved subject to the following Conditions of Approval:
1. This is an approval to allow the establishment and operation a veterinary office, with
animal boarding, within a tenant space containing approximately 4,200 square foot
within a previously approved commercial building. The project site is located at 1775
W. Northpark Boulevard, Suite B1, within the Commercial General (CG -3) Zone.
2. The project site shall be developed and maintained in accordance with the plans
stamped April 18, 2018 (EXHIBIT "A"), 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 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 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: April 18, 2020
4. The review authority may grant a time extension, for good cause, not to exceed 12
months. The applicant must file an application, the processing fees, and all required
submittal items, 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 Conditional Use Permit, this condition shall remain
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in effect if the Conditional Use Permit is rescinded or revoked, whether or not at the
request of applicant.
Planning Division
6. All windows shall provide an unobstructed view to the inside of the premises at all
times. Window signage shall not comprise more than 25% of the window area.
7. 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.
8. The project shall comply with all applicable requirements of the Building and Safety
Division, Fire Department, Police Department, Municipal Water Department, Public
Services Department and the City Clerk's Office/Business Registration Division.
9. 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.
10. 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.
11. 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.
12. Submittal requirements for permit applications (tenant improvements, site
improvements, etc.) to Building Plan Check and/or Land Development must include
all Conditions of Approval issued with this approval, printed on the plan sheets.
13. The proposed outdoor pet area shall be screened to the satisfaction of the Community
Development Director.
14. Any physical improvements to the subject property shall be in compliance with all
applicable conditions of approval originally contained in Conditional Use Permit 06-
04 and any subsequent modifications or revisions.
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.
on
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Building & Safety Division
16. Section 105 Permits: refer to this section for all required permits of the California
Building Code 2016.
17. Address the requirements of the California Green Code 2016 for all debris. Check the
VOC forms per code.
18. Refer to Chapter 3 of the California Building Code for the Occupancy Requirements
and Chapter 4 for the Special Use Requirements.
19. Refer to Chapter 4 for the Occupant Load and the required number of exits.
20. Refer to Chapter 7 for the required Fire/Smoke Protection required.
21. Building Division submittal is separate from submittal to the Fire Department.
Land Development Division
22. The Land Development Division, prior to grading plan approval, if applicable, 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.\
23. The applicant shall construct a refuse enclosure(s) 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 shall be approved by Public Works —
Integrated Waste Division, and shall be designed to preclude the enclosure doors from
opening into drive aisles or impacting against adjacent parked cars.
SECTION 7. 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
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 PREVIOUS ENVIRONMENTAL
DETERMINATION AND APPROVING CONDITIONAL USE PERMIT 18-02 TO
ALLOW THE ESTABLISHMENT AND OPERATION OF A VETERINARY OFFICE,
WITH ANIMAL BOARDING, WITHIN A TENANT SPACE CONTAINING
APPROXIMATELY 4,200 SQUARE FEET WITHIN A PREVIOUSLY APPROVED
COMMERCIAL BUILDING LOCATED AT 1775 W. NORTHPARK BOULEVARD,
SUITE B1(APN: 0141-372-26) WITHIN THE COMMERCIAL GENERAL (CG -3) 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
18th day of April 2018, by the following vote, to wit:
Council Members:
MARQUEZ
::la •
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
X
ABSTAIN ABSENT
_y
George arena, CMC, ' y Clerk
The foregoing Resolution is hereby approved this Wh day of April 2018.
I
Lo
R. Carey DaviK1 Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
r
By: O 1
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