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HomeMy WebLinkAbout2018-1281
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RESOLUTION NO. 2018-128
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE
DECLARATION AND APPROVING SUBDIVISION 17-07 (TENTATIVE PARCEL
MAP 19916) TO CONSOLIDATE TWENTY-FOUR (24) PARCELS INTO ONE (1)
PARCEL CONTAINING A TOTAL OF APPROXIMATELY 16.59 ACRES AND
DEVELOPMENT PERMIT TYPE -D 17-02 FOR THE CONSTRUCTION OF A
WAREHOUSE BUILDING CONTAINING APPROXIMATELY 393,199 SQUARE FEET
WHEREAS, on October 19, 2017 pursuant to the requirements of Chapter 19.42
(Development Code Amendments), Chapter 19.44 (Development Permits), Chapter 19.66
(Subdivision Maps) and Chapter 19.74 (Zoning Map Amendments) of the City of San
Bernardino Development Code, an application for Development Code Amendment (Zoning
Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development
Permit Type -D 17-02 was duly submitted by:
Property Owner(s): Various
Project Applicant: Real Estate Development Associates (REDA)
4100 McArthur Boulevard, Suite 120
Newport Beach, CA 92660
Property Address: Northwest corner of S. Waterman Avenue and E. Ennis Street
APN(S): 0136-412-01, 04, 26 and 07; and, 0136-422-01, 02, 03, 04, 05,
06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18 19 and 20
Lot Area: 16.59 acres
WHEREAS, Subdivision 17-07 (Tentative Parcel Map 19916) and Development
Permit Type -D 17-02 is a request to allow the consolidation of twenty-four (24) separate
parcels into one (1) parcel containing a total of approximately 16.59 acres, and allow the
development, establishment and operation of an industrial warehouse building containing
approximately 393,199 square feet, along with the construction of the required on-site and off-
site improvements; and
WHEREAS, the Planning Division of the Community Development Department of
the City of San Bernardino has reviewed Subdivision 17-07 (Tentative Parcel Map 19916) and
Development Permit Type -D 17-02 for consistency with the City of San Bernardino General
Plan and compliance with the City of San Bernardino Development Code; and
WHEREAS, in accordance with §15063 (Initial Study) of the California
Environmental Quality Act (CEQA), the applicant submitted and the Planning Division of the
Community Development Department accepted an Initial Study/Mitigated Negative
Declaration prepared in connection with Development Code Amendment (Zoning Map
Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development
Permit Type -D 17-02. Accordingly, pursuant to § 15072 (Notice of Intent to Adopt a Negative
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Declaration or Mitigated Negative Declaration) of CEQA, a Notice of Intent to Adopt a
Mitigated Negative Declaration for Development Code Amendment (Zoning Map
Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development
Permit Type -D 17-02 was posted on December 8, 2017 for the CEQA-mandated twenty (20)
day public review and comment period. During the CEQA-mandated twenty (20) day public
review and comment period for the Draft Initial Study/Mitigated Negative Declaration for the
proposed project, comments were received from the South Coast Air Quality Management
District, Stephanie Chen, Arthur Davis, San Bernardino County Department of Public Works
and San Manuel Band of Mission Indians. Responses to the comments were prepared and
included in the Final Initial Study/Mitigated Negative Declaration; and
WHEREAS, on March 13, 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 Final Initial Study/Mitigated Negative Declaration, Development Code
Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map
19916) and Development Permit Type -D 17-02 and at which meeting, the Planning
Commission considered the Development Code Amendment (Zoning Map Amendment) 17-
03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type -D 17-02;
and
WHEREAS, after closing said public hearing, the Planning Commission adopted
Resolution No. 2018-018 recommending to the Mayor and City Council the adoption of the
Mitigated Negative Declaration, and the approval of Development Code Amendment (Zoning
Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development
Permit Type -D 17-02; and
WHEREAS, notice of the May 2, 2018 public hearing for the Mayor and City
Council's consideration of the proposed Resolution was published in The Sun newspaper on
May 4, 2018, and was mailed to property owners within a 500 foot radius of the project site in
accordance with Chapter 19.52 of the City of San Bernardino Development Code; 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 Subdivision 17-07 (Tentative
Parcel Map 19916) and Development Permit Type -D 17-02.
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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 — Subdivision 17-07 Tentative Parcel May 19916j.
Finding No. 1: The proposed map is consistent with the General Plan.
Finding of Fact: The proposed Tentative Parcel Map to accommodate the development
of an industrial warehouse building containing approximately 393,199
square feet, along with the construction of the required on-site and off-
site improvements will provide additional economic development
opportunities with the City, the proposed project is permitted within the
Industrial Light (IL) zone, subject to the approval of Development
Code Amendment (Zoning Map Amendment) 17-03, and Subdivision
17-07 (Tentative Parcel Map 19916) and Development Permit Type -D
17-02 with the appropriate Conditions of Approval and the adoption of
the Mitigated Negative Declaration by the Mayor and City Council, and
the proposed Industrial Light (IL) zone is consistent with the proposed
Industrial Light land use designation set forth by the General Plan Land
Use Map.
Finding No. 2: The design and improvements of the proposed subdivision is consistent
with the General Plan.
Finding of Fact: General Plan Land Use Goal 2.2 states: Promote development that
integrates with surrounding land uses. " The proposed Tentative Parcel
Map will be consistent with the pattern of development within the
existing surrounding neighborhood.
General Plan Land Use policy 2.7.5 states: "Require that developments
conform to the availability of public infrastructure to accommodate its
demands and mitigate its impacts. " The proposed Tentative Parcel
Map will connect to existing water and sewer services, roads, storm
drains, and private utilities.
Finding No. 3 The site is physically suitable for the type of development.
Finding of Fact: The proposed project is permitted within the proposed Industrial Light
(IL) Zone, subject to the approval of a 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 Code Amendment
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(Zoning Map Amendment) 17-03, and Subdivision 17-07 (Tentative
Parcel Map 19916) and Development Permit Type -D 17-02 as required
by the City of San Bernardino Development Code. Therefore, the
subject site is physically suitable for the proposal.
Finding No. 4: The site is physically suitable for the proposed density of development.
Finding of Fact: The proposed industrial warehouse building containing approximately
393,199 square feet along with the construction of the required on-site
and off-site improvements is permitted within the proposed Industrial
Light (IL) Zone, subject to the approval of Development Code
Amendment (Zoning Map Amendment) 17-03, and Subdivision 17-07
(Tentative Parcel Map 19916) and Development Permit Type -D 17-02
with the appropriate Conditions of Approval and adoption of the
Mitigated Negative Declaration by the Mayor and City Council. The
subject site as an industrial development is sufficient in size to
accommodate the proposal under Development Permit Type -D 17-02 as
required by the City of San Bernardino Development Code. Therefore,
the subject site is physically suitable for the proposal.
Finding No. 5: The design of the subdivision and the proposed improvements will not
cause substantial environmental damage or substantially or avoidably
injure fish or wildlife or their habitat.
I Finding of Fact:
Finding No. 6:
The design of the subdivision will not have any significant negative
impacts to wildlife or their habitat. The project site is an existing
partially developed site and surrounded by urban development. No
significant negative impacts on the environment are anticipated to result
from re -use of the existing site.
The design of the subdivision or type of improvements will not cause
serious public health problems.
Finding of Fact: The design of the proposed subdivision meets all of the applicable
Development Code requirements and will not result in any serious
public health problems. The proposed parcel will have access to
existing public streets. Existing utilities and public services are
available to serve the project site and ensure the maintenance of public
health and safety.
Finding No. 7: The design of the subdivision or the type of improvements will not
conflict with easements, acquired by the public at large, for access
through or use of, property within the proposed subdivision.
Finding of Fact: The design of the subdivision will not conflict with any public or
private easements. All documentation relating to easements and
dedications will be reviewed and approved by the City Engineer prior
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to recordation of the Final Map. Existing easements will be reserved in
place or relocated, as necessary.
SECTION 3. Findings of Fact — Development Permit Type -D 17-02.
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 an industrial warehouse building
containing approximately 393,199 square feet is a permitted use within
the existing and 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 17-02 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: The proposed use is consistent with the General Plan.
Finding of Fact: The proposed amendment will result in removing the existing Office
Industrial Park (OIP) Zoning District classification from the project
site, resulting in the entire site having the Industrial Light (IL) Zoning
District classification. The Industrial Light (IL) Zoning District
classification is intended to provide for the new development of lighter
industrial uses along major vehicular, rail, and air transportation routes
serving the City. The change in the Zoning District classification
would provide a single land use/zone over the entire 16.59 acre
property and would allow the development, establishment and
operation of an industrial warehouse building containing approximately
393,199 square feet, which is consistent with the light industrial uses
within the project vicinity. The project is also consistent with the
following General Plan goal and policies:
Goal 4.1 encourages economic activity that capitalizes upon the
transportation and locational strengths of San Bernardino. The
proposed change of the Zoning District classification from Office
Industrial Park (OIP) to Industrial (IL) will capitalize on the City's
transportation and locational strengths and will encourage economic
development and provide employment opportunities to the City's
residents.
Policy 2.5.6 requires that new development be designed to complement
and not devalue the physical characteristics of the surrounding
environment, including consideration of the site's natural topography
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and vegetation, surrounding exemplary architectural style with tower
elements along with complimentary earth -toned colors. Policy 5.7.6
encourages architectural detailing, which includes richly articulated
surfaces rather than plain or blank walls. The project site is flat and
has been disturbed. The site is surrounded by light industrial
businesses, vacant lots and nonconforming single-family residential
properties. The proposed project will result in the construction of a
393,199 square foot industrial warehouse building with ancillary
parking and landscaping. The concrete tilt -up building will be
articulated on all sides through the use of varying parapet heights,
corner elements and the use of color and varying materials to break up
the mass of the building walls. The rooftop equipment will be screened,
and extensive landscaping will be provided along the project's
frontages, consistent with these policies.
Additionally, the proposed project is permitted within the existing and
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 is consistent with the existing
Industrial Land Use Designation set forth by the General Plan Land Use
Map. Therefore, the proposed amendment 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 development of an industrial warehouse building
containing approximately 393,199 square feet will be harmonious and
compatible with existing and future developments within the existing
and 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 surrounding area will not be
negatively impacted by the development of the proposed project. The
scale and density of the proposed development conforms to the
development standards of the Industrial Light (IL) Zone. Additionally,
subject to the approval of Development Code Amendment (Zoning
Map Amendment) 17-03, the proposal is consistent with both the
General Plan and Development Code, and 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 and § 19.20.030 of the City of
San Bernardino Development Code.
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Finding of Fact: In accordance with § 15074 of the California Environmental Quality Act
(CEQA), a Final Mitigated Negative Declaration with the appropriate
Mitigation Monitoring and Reporting Program (in order to ensure that
the Mitigation Measures are implemented to prevent potential
environmental impacts) was prepared in connection Development Code
Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07
(Tentative Parcel Map 19916) and Development Permit Type -D 17-02
for the development, establishment and operation of an industrial
warehouse building containing approximately 393,199 square feet
along with the construction of the required on-site and off-site
improvements.
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 § 15074 of the California Environmental Quality Act
(CEQA), a Final Mitigated Negative Declaration with the appropriate
Mitigation Monitoring and Reporting Program (in order to ensure that
the Mitigation Measures are implemented to prevent potential
environmental impacts) was prepared in connection Development Code
Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07
(Tentative Parcel Map 19916) and Development Permit Type -D 17-02
for the development, establishment and operation of an industrial
warehouse building containing approximately 393,199 square feet
along with the construction of the required on-site and off-site
improvements. Therefore, 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 industrial warehouse building containing approximately
393,199 square feet along with the construction of the required on-site
and off-site improvements is permitted within the existing and proposed
Industrial Light (IL) Zone, subject to the approval of Development
Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07
(Tentative Parcel Map 19916) and Development Permit Type -D 17-02
with the appropriate Conditions of Approval and adoption of the
Mitigated Negative Declaration by the Mayor and City Council. The
subject site as an industrial development is sufficient in size to
accommodate the proposal under Development Permit Type -D 17-02 as
required by the City of San Bernardino Development Code. Therefore,
the subject site is physically suitable for the proposal.
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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 warehouse building
containing approximately 393,199 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
development under Development Permit Type -D 17-02 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 an industrial warehouse building
containing approximately 393,199 square feet along with the required
on-site and off-site improvements conforms to all applicable
development standards and land use regulations of the existing and
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 4. Compliance with the California Env_ironmental__ uality 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 Subdivision 17-07 (Tentative Parcel Map 19916)
and Development Permit Type -D 17-02 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 Development Code
Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916)
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and Development Permit Type -D 17-02, has been completed in compliance with CEQA and is
hereby adopted and incorporated herein by reference.
SECTION 5. 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.
SECTION 6. — Development Code Amendment (Zoning Map Amendment) 17-03, as
approved by Ordinance, is incorporated herein by reference.
SECTION 7. — Pursuant to § 1.08.090 (Effective Dates) of the City of San Bernardino
Municipal Code, the Ordinance approving Development Code Amendment (Zoning Map
Amendment) 17-03 shall become effective thirty (30) days from the date of the second
reading of the Ordinance which is scheduled for May 16, 2018. Accordingly, the effective
approval date of Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit
Type -D 17-02 is June 15, 2018.
SECTION 8. — Conditions of Approval. Subdivision 17-07 (Tentative Parcel Map
19916) and Development Permit Type -D 17-02 is hereby approved subject to the following
Conditions of Approval:
1. This approval is to allow the consolidation of twenty-four (24) separate parcels into one
(1) parcel containing a total of approximately 16.59 acres, and allow the development,
establishment and operation of an industrial warehouse building containing approximately
393,199 square feet, along with the construction of the required on-site and off-site
improvements. The project site is located at the northwest corner of S. Waterman Avenue
and E. Ennis Street (APN(S): 0136-412-01, 04, 26 and 07; and, 0136-422-01, 02, 03, 04,
05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18 19 and 20) within the Industrial Light
(IL) Zone.
2. The project site shall be developed and maintained in accordance with the plans stamped
June 15, 2018 (EXHIBIT "A"), approved by the City, which includes a site plan, floor
plan, exterior elevations 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"), dated June 15, 2018, and
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
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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: June 15, 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,
employees, representatives and attorneys of the City from any claim, action or proceeding
against any of the foregoing persons or entities. The applicant further agrees to reimburse
the City for any costs and attorneys' fees, which the City may be required by a court to
pay as a result of such action, but such participation shall not relieve applicant of his or
her obligation under this condition. The costs, salaries, and expenses of the City Attorney
and employees of his office shall be considered as "Attorney's fees" for the purpose of
this condition. As part of the consideration for issuing this Development Permit, this
condition shall remain in effect if the Development Permit is rescinded or revoked,
whether or not at the request of applicant.
Planning Division
7. 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.
8. 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.
9. 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.
10. Minor modifications 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.
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11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
Building & Safety Division
18. Plans submitted shall conform to the 2016 California Building Codes. Please note this will
include the California Green Building Code.
19. Project shall confirm to Chapter 3 of California Building Code 2016.
20. Project shall also conform to the requirements of Chapter 4 of the California Building
Code 2016, Special Details Requirements Based on use of Occupancy.
21. Provide sprinkler requirements for the occupant load according to California Building
Code 2016.
22. Provide all disabled access requirements and complete details on plans prior to plan
review submittal and conform to Chapter 11A of California Building Code 2016.
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23. There shall be a formal plan submittal prior to all issuance of permits.
24. Refer to Chapter 7 of the California Building Code 2016 for Fire/Smoke Protection
Requirements.
Land Development Division
25. Drainage and Flood Control
a. All necessary drainage and flood control measures shall be subject to requirements
of the Land Development Division, which may be based in part on the
recommendations of the San Bernardino County Flood Control Department. The
developer's Engineer shall furnish all necessary data relating to drainage and flood
control.
b. 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.
c. The detention basin shall be designed in accordance with "Detention Basin Design
Criteria for San Bernardino County." Retention basins are not acceptable.
d. Portion of the development is located within Zone A (floodway) on the Federal
Insurance Rate Maps booklet 06071 C8684J with effective date 09/02/2016. The
developer shall be responsible for providing elevation certificate prepared in
accordance with FEMA regulations to prove that all parcels are not subject to
flooding in a 100 -year storm. These certificates shall be provided in a form that is
suitable for submittal to FEMA in order to obtain a Letter of Map
Revision/Amendment (LOMR/LOMA). FEMA approval of the LOMR/LOMA
shall be submitted to the City prior to Grading and Building Permits issuance.
e. 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.
f. 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.
g. The proposed underground StormTech Chamber is conceptually approved with
minor comments to incorporate into the Final WQMP Plan. Comments will be
provided to the Engineer.
h. The proposed ponding within the truck yard shall not exceed 1 -foot depth for 100 -
year storm.
i. The proposed Storm Drain in Lincoln Avenue shall be approved by PW and
respective agencies including but not limited to Water Department and Railroad
prior to Grading permit issuance.
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j. 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 and Hydrology Study shall be required prior
to grading permit issuance.
k. 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.
1. 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.
m. 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.
26. 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 trees are to be removed from the site, a tree removal permit
conforming to the requirements of Section 19.28.100 of the Development Code
shall be obtained from the Department of Community Development - Planning
Division prior to issuance of any grading or site development permits.
c. If more than 5,000 cubic yards of earthwork is proposed, the grading shall be
supervised in accordance with Section 3317.2 of the California Building Code.
d. 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.
e. 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.
f. 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.
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g. 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.
h. 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.
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.
j. 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.
k. 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.
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.
m. 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:
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■ 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.
n. 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.
o. 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.
p. 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.
q. 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.
r. 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.
s. The Easterly Building Wall proposed to function as channel wall shall be
waterproof to the Building foundation.
t. A Demolition Permit is required for the demolition of the existing structures on the
project site. A record of the square -footage for each of the structures shall be
recorded for credit towards the Impact Fees.
u. 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.
27. Utilities
a. Design and construct all public utilities to serve the site in accordance with City
Code, City Standards and requirements of the serving utility, including gas,
electric, telephone, water, 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.
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d. This project is located in the sewer service area maintained by the City of San
Bernardino Municipal Water Department. Therefore, any necessary sewer main
extension shall be designed and constructed in accordance to the requirements of
SBMWD.
e. Utility services shall be placed underground and easements provided as required.
f. All existing overhead utilities adjacent to or traversing the site on either side of the
street shall be placed underground in accordance with Section 19.20.030 of the
Development Code.
g. Existing Utilities which interfere with new construction shall be relocated at the
Developer's expense as directed by the City Engineer, except overhead lines, if
required by provisions of the Development Code to be undergrounded.
h. 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.
128. Mapping
a. A Parcel Map based upon field survey will be required.
b. The applicant's surveyor/engineer shall submit a Parcel Map with supporting
documents for review and approval to Land Development. The Parcel map shall be
recorded prior to Building Permit issuance.
c. All existing easement proposed to be quitclaimed shall be recorded prior to
Building Permit issuance.
29. Street Improvement and Dedications
a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to
provide the distance from street centerline to property line and placement of the
curb line (C.L.) in relation to the street centerline shall be as follows:
Street Name I Right of WaI (fkLtJ I Curb Line feet
Waterman Avenue 55 (5' Dedication Required) 43 (Proposed)
Lincoln Avenue
Ennis Street
b. Waterman Avenue:
30 (10' Dedication Required)
30 (10'Dedication Required)
20 (Proposed)
20 (Proposed)
Construct sidewalk adjacent to the site in accordance with City Standard No.
202; Case "A" (6' wide adjacent to curb).
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■ If the existing curb & gutter adjacent to the site are in poor condition, the curb
& gutter shall be removed and reconstructed in accordance to City Standard
No. 200, Type "B".
■ Waterman Avenue shall be rehabilitated and the structural street section shall
be designed on the "R" value of the subgrade as determined by soils testing
and the traffic Index. The minimum AC thickness shall be 4 inches with an
AB thickness of 8 inches.
■ A Radius Type Driveway Approach is proposed in lieu of the standard drive
approach, therefore truck turning radius shall be verified with Public Works for
final radius determination. An accessible bypass crossing the approach shall be
provided to comply with current ADA standard.
■ Remove existing driveway approaches that are not part of the approved plan
and replace with full height curb & gutter and sidewalk.
■ 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.
■ Curb return at the Northwest corner of Waterman Avenue and Ennis Street
shall be constructed with a 25 -foot radius. Curb ramp shall be constructed in
accordance with Caltrans or Green Book Standards to comply with current
ADA accessibility requirements. Dedicate sufficient right-of-way at the corner
to accommodate the ramp.
■ The existing spandrel and cross gutter at the Northwest corner of Waterman
Avenue and Ennis Street shall be removed and reconstructed up to the
centerline of Ennis Street in accordance to City Standard 201.
■ The Proposed Storm Drain shall be sized to accommodate the flows identified
in the CSDP No. 7, (Beginning of CSDP No. 7 lateral down to and including
the proposed building site only) then the flows shall continue in an enclosed
pipe to the channel "Twin Creek" using City Rights -of -Way.
c. Lincoln Avenue:
■ Construct sidewalk adjacent to the site in accordance with City Standard No.
202; Case "A" (6' wide adjacent to curb).
■ 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.
■ Lincoln Avenue shall be rehabilitated and the structural street section shall be
designed on the "R" value of the subgrade as determined by soils testing and
the traffic Index. The minimum AC thickness shall be 4 inches with an AB
thickness of 8 inches.
■ A Radius Type Driveway Approach is proposed in lieu of the standard drive
approach, therefore truck turning radius shall be verified with Public Works for
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final radius determination. An accessible bypass crossing the approach shall be
provided to comply with current ADA standard.
■ 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.
■ Curb return at the Northeast corner of Lincoln Avenue and Ennis Street shall
be constructed with a 25 -foot radius. Curb ramp shall be constructed in
accordance with Caltrans or Green Book Standards to comply with current
ADA accessibility requirements. Dedicate sufficient right-of-way at the corner
to accommodate the ramp.
d. Ennis Street:
■ Construct sidewalk adjacent to the site in accordance with City Standard No.
202; Case "A" (6' wide adjacent to curb).
■ 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.
■ Ennis Street shall be rehabilitated and the structural street section shall be
designed on the "R" value of the subgrade as determined by soils testing and
the traffic Index. The minimum AC thickness shall be 4 inches with an AB
thickness of 8 inches.
■ A radius type driveway approach is proposed in lieu of the standard drive
approach, therefore truck turning radius shall be verified with Public Works for
final radius determination. An accessible bypass crossing the approach shall be
provided to comply with current ADA standard.
■ Auto Driveway Approach shall be constructed using City Standard No. 204,
Type II, including an accessible by-pass around the top of the drive approach.
■ 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.
e. 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.
f. Any pavement works affecting the traffic loop detectors shall be coordinated and
subjected to Public Works Traffic Division requirements.
g. 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.
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30. Required Engineering Plans
a. A complete submittal for plan checking shall consist of:
■ street improvement plans (may include street lights or street lighting may be
separate plan),
■ sewer plans (Private sewers may be shown on on-site improvement plan;
public sewers must be on a separate plan with profile submitted to SBMWD),
■ 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 (if needed),
■ signing and striping plan (may be on sheets included in street improvement
plan),
■ lighting (on-site lighting may be included in on-site improvement plan or may
be on a separate stand-alone plan),
■ grading (may be incorporated with on-site improvement plan),
■ on-site improvement plans and on-site landscaping and irrigation,
■ water plans (shall be submitted to San Bernardino Municipal Water
Department),
■ other plans as required. Piecemeal submittal of various types of plans for the
same project will not be allowed.
■ 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 ;
31. 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.
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32. Applicable Engineering Fees
a. All plan check, permit, inspection, and impact fees are outlined on the Public
Works Fee Schedule. A deposit in the amount of 100% of the estimated checking
fee for each set of plans will be required at time of application for plan check. The
amount of the fee is subject to adjustment if the construction cost estimate varies
more than 10% from the estimate submitted with the application for plan checking.
b. The current fee schedule is available at the Public Works Counter and at
http://www.sbcitv.org
33. Traffic Requirements
a. All Traffic mitigation measures shall be implemented according to the
recommendations of the City Traffic Engineer prior to Street Improvement plan
approval.
b. Truck traffic shall be directed through the primary project site entrance along
Waterman Avenue, at the intersection to be signalized.
San Bernardino County Consolidated Fire District
34. The project shall comply with all current Building Codes, Fire Codes and Fire Department
Standard Requirements based on occupancy classification.
35. Any changes to this proposal shall require a new Fire Department condition letter.
36. Any changes to the approved life safety system shall require plans to be submitted to the
Fire Department prior to construction including the following: (fire sprinklers, fire alarms,
underground water supply for fire protection, cooking appliances & hood protections.)
37. A monitored fire sprinkler system is required for the proposed building. Plans shall be
submitted to the Fire Department prior to construction. PER CFC 903.2.1.1
38. Knox Box/Key Box is required, and shall be provided and installed in accordance with the
CFC and Fire Department Standard.
39. Required fire flow for this project shall meet the minimum requirements established in the
California Fire Code.
40. An approved on-site fire protection water system, in accordance with Fire Department
Standard is required. The system is required to be in place and serviceable prior to
building construction.
41. An approved water supply system, complete with street fire hydrants and complying with
Fire Department Standard, shall be in place prior to any combustible construction.
42. Provide a complete on-site fire protection plan to the Fire Department which indicates the
location of all required fire protection appliances (FDC's, PIV's, DDC's, proposed and
existing fire hydrants, etc.)
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43. Paved access from two (2) points shall be required for completion and occupancy.
44. Interior/exterior Fire Department access roadways/fire lanes shall be required per Fire
Department Standard. If gates are installed they must comply with Fire Department
Standards.
45. Provide the following Fire Department 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 feet to either side of fire hydrants and FDC.
■ Fire Department Connection required within 50 feet of a hydrant.
■ Bollards (crash posts) may be required at the time of final inspection (to prevent 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.
46. Paved access from two (2) points are required to be 30 feet in width for buildings three (3)
or more stories in height or over 300,000 square feet.
47. Premise and Building identification and addressing shall be a minimum of twelve (12)
inches in height.
48. Buildings over 100,000 feet shall have two points of connection from opposite water lines.
49. All fire access roads into this project shall meet San Bernardino County standards and
CFC codes.
50. All fire access roads shall be paved and all weather and shall meet the min turning radius.
51. If warehouse will be used for storage the sprinkler design will comply with the
requirements of NFPA for heights and commodity. All speculative buildings shall be
designed to a min of .6/3000 sprinkler design.
52. A Fire Control Room is required for all warehouses over 300,000 square feet. See County
Standard S 1 for construction requirements.
53. Five (5) or more sprinkler risers or buildings exceeding 100,000 square feet shall have two
(2) points of connection.
54. Fire Sprinklers are required for this project. Any tenant improvements in sprinklered
buildings requires a separate submittal. Please submit all plans to San Bernardino County
Fire Department. High Piled Storage plans shall be submitted prior to any storage or
approval of racks within the warehouse. Contact (909) 918-2201 for information.
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55. Fire extinguishers are required throughout. All spacing shall meet the California Fire Code
for spacing and size.
56. All Exiting shall comply with the California Fire Code and Building Code for travel
distance, lineal feet, and width.
57. Annual fire department permit is required. Contact (909) 918-2201 for information.
SECTION 9. 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 MITIGATED NEGATIVE
DECLARATION AND APPROVING SUBDIVISION 17-07 (TENTATIVE PARCEL
MAP 19916) TO CONSOLIDATE TWENTY-FOUR (24) PARCELS INTO ONE (1)
PARCEL CONTAINING A TOTAL OF APPROXIMATELY 16.59 ACRES AND
DEVELOPMENT PERMIT TYPE -D 17-02 FOR THE CONSTRUCTION OF A
WAREHOUSE BUILDING CONTAININGAPPROXIMATELY 393,199 SQUARE FEET
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
2nd day of May 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ x
BARRIOS )((S)
VALDIVIA
SHORETT
NICKEL
RICHARD X
MULVIHILL
ABSTAIN ABSENT
Georgeann nna, CMC, Ci �J['lerk
The foregoing Resolution is hereby approved this 2nd day of May 2018.
)C' 6 L 4-4
R. Carey Da ' , Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
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EXHIBIT A
APPROVED PLANS
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EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM
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