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HomeMy WebLinkAbout2019-015Resolution No. 2019-15 RESOLUTION NO. 2019-15 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 18-03 TO ALLOW THE DEVELOPMENT, ESTABLISHMENT, AND OPERATION OF A DRIVE-THRU EXPRESS CARWASH CONTAINING APPROXIMATELY 5,486 SQUARE FEET ON A PROJECT SITE COMPRISED OF FOUR (4) PARCELS (APN(S): 0281-131-28,29,30, AND 50) CONTAINING A TOTAL OF APPROXIMATELY 132 ACRES LOCATED AT 1659 S. TIPPECANOE AVENUE, PURSUANT TO A MITIGATED NEGATIVE DECLARATION WHEREAS, together, General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 constitute the Fast 5 Xpress Car Wash Project ("Project"); and WHEREAS, General Plan Amendment 18-02 and Development Code Amendment (Zoning Map Amendment) 18-03 is a request to allow the change of the General Plan Land Use Designation from Multi -Family Residential to Commercial and the Zoning District Classification from Residential Medium High (RN" to Commercial General (CG -1) of one (1) parcel containing a total of approximately 0.39 acres; and WHEREAS, Conditional Use Permit 18-03 is a request to allow the development, establishment, and operation of a drive-thru express carwash containing approximately 5,486 square feet, along with the construction of the required on-site and off-site improvements, on a project site comprised of four (4) parcels containing a total of approximately 1.32 acres; and WHEREAS, the Planning Division of the Community Development Department has reviewed General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment 18-03, and Conditional Use Permit 18-03 for compliance with the California Government Code, consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"; Pub. Resources Code, § 21000 et seq.), section 21067, and State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.), section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, City staff determined that pursuant to State CEQA Guidelines section 15073, preparation of a mitigated negative declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and Resolution No. 2019-15 WHEREAS, a Mitigated Negative Declaration ("MND") and Mitigation Monitoring and Reporting Program ("MMRP") were prepared for the Project; and WHEREAS, the Mayor and City Council, having independently reviewed and considered the MND and MMRP, and the entire record related thereto, have certified that the MND has been completed in compliance with the requirements of CEQA, and that, with the incorporation of identified mitigation measures, there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment; and WHEREAS, notice of the January 16, 2019 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on January 5, 2019, 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 Chapters 19.52, and 19.36 of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Conditional Use Permit 18-03; and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that would trigger additional environmental review under CEQA. 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. Com fiance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that there is no substantial evidence supporting a fair argument that approval of Conditional Use Permit 18-03 will result in a significant effect on the environment. SECTION 3. Findings of Fact — Conditional Use Permit 18-03. Finding No. 1: The proposed use is conditionally permitted within, and would not impair the integrity or 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, section 19.06. The project site is located in the Commercial General (CG -1) Zone and is substantially surrounded by existing commercial retail and service uses. The proposed development Resolution No. 2019-15 will comply with all applicable Development Code standards, such as parking, landscaping, building setbacks, density, and height standards. Therefore, the project would not impair the integrity or character of the subject land use district, or be detrimental to surrounding properties. Finding No. 2: The proposed use is consistent with the General Plan. Finding of Fact: The proposal is consistent with the following General Plan goals and policies: Goal 4.1 encourages economic activity that capitalizes upon the transportation and locational strengths of San Bernardino. The proposed change of the General Plan Land Use Designation and Zoning District Classification from Residential Medium High (RMH) to Commercial General (CG -1) will capitalize on the existing local and regional commuter traffic along the corridor. Policy 5.7.3 requires that new development maintain architectural interest and variety through varied rooflines, building setbacks, and detailed faVade treatments, and maintain a strong sense of project identity through similarities in fagade organization, signage, landscaping, material use, colors, and roof shapes. The proposed project implements the above General Plan policy in that the proposed development includes a new commercial building and has been designed with high- quality facade treatments and a varied roofline that incorporates distinct signage, which will provide additional architectural interest. The proposed project will construct one new commercial building with quality -design elements that will be compatible with other commercial retail and service uses within the surrounding area. 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 complies with the requirements of the CEQA and subdivision (6) of section 19.20.030 of the Development Code. Finding of Fact: The proposed development of a drive-thru express carwash will be harmonious and compatible with existing and future developments within Resolution No. 2019-15 the proposed Commercial General (CG -1) Zone and the Transit District (TD) Overlay. The surrounding area consists of a mixture of commercial retail and service uses. Appropriate Conditions of Approval have been imposed on the proposed development to ensure that the existing residential neighborhoods will not be negatively impacted by the proposed development. The scale and density of the proposed development conforms to the development standards of the Commercial General (CG - 1) Zone and Transit District (TD) Overlay. Since the proposal is consistent with both the General Plan and the Development Code, no land -use conflict is expected to result from construction of the proposed project. Finding No. 4: There will be no potentially -significant negative impacts on environmental quality or natural resources that could not be properly mitigated and monitored. Finding of Fact: In accordance with Public Resources Code, section 15074, 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 General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 for the development, establishment, and operation of a drive-thru express carwash containing approximately 5,486 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. 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 proposed design is in compliance with the Development Code requirements that are applicable to location, height and setbacks for commercial developments with a drive-thru. The proposed building will be located along S. Tippecanoe Avenue, across the street from existing commercial centers. Access to the subject property will be through two (2) new full -access driveways on E. Gould Street and E. Davidson Street. Therefore, the design of the project will ensure that the project will not create any significant noise, traffic, or other conditions that would be detrimental or objectionable to other uses in the vicinity or adverse to the public health, safety, convenience, or welfare of the City. Resolution No. 2019-15 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, as evidenced by project compliance with all applicable Development Code Standards. The proposed building meets all setback and height requirements. The size of the project site is adequate to accommodate the proposed improvements, in compliance with the requirements of the Development Code. 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 or safety. Finding of Fact: There are adequate provisions for public access, public utilities, and public services for the proposed drive-thru express carwash, 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 Conditional Use Permit 18-03 will not be detrimental to public services or to public health or safety. SECTION 4. — Conditions of Approval. Conditional Use Permit 18-03, is hereby approved, subject to the following Conditions of Approval: 1. This approval is to allow the development, establishment, and operation of a drive-thru express carwash containing approximately 5,486 square feet, along with the construction of the required on-site and off-site improvements, on a project site comprised of four (4) parcels (APN(S): 0281-131-28, 29, 30, and 50) containing a total of approximately 1.32 acres. The project site is located at 1659 S. Tippecanoe Avenue, San Bernardino, CA 92408. 2. The project site shall be developed and maintained in accordance with: (i) the plans stamped January 16, 2019 (EXHIBIT "A"), approved by the City, which includes a site plan, floor plan, exterior -elevations plan, and conceptual -landscaping plan on file with the Planning Division; (ii) the Conditions of Approval contained herein; and (iii) 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 January 16, 2019 and incorporated herein by reference, as Conditions of Approval. 4. Within two (2) years of the approval of the Conditional Use Permit, the commencement of construction shall have occurred or the permit/approval shall become null and void. In Resolution No. 2019-15 addition, if at any time after the commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize the commencement of construction. All necessary permits must be obtained prior to the commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: January 16, 2021 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 fully cooperate 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, and/or commissions of the City, and any 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 or 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 "attorneys' fees" for purposes 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 the 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, section 19.28.120 ("Water Efficient Landscaping Standards"). Resolution No. 2019-15 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 re -filing of the original application. 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 or any other undesirable material(s). Vandalism, graffiti, trash, and other debris shall be removed and cleaned up within twenty-four (24) hours of being reported. 14. Signs are not approved as part of this permit. Prior to establishing any new signs, or to replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 15. All exterior lighting shall be contained within property lines and be energy efficient, with the option to lower or reduce usage when the facility is closed. 16. The proposed block wall located along the eastern property line, adjacent to the existing residential properties, shall be constructed at a height of 8'. 17. The hours of operation for the proposed automated carwash are daily between the hours of 7:00 am and 8:00 pm. 18. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets. 19. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. Building & Safety Division 20. All plans submitted shall conform to the California Building Standards Code (Cal. Code Regs., tit. 24) (2016). Please note that this will include the California Green Building Standards Code (Cal. Code Regs., tit. 24, pt. 11). 21. Project shall conform to chapter 3 of the California Building Standards Code (2016). Resolution No. 2019-15 22. Project shall also conform to the requirements of chapter 4 of the California Building Standards Code (2016), Special Details Requirements Based on Use of Occupancy. 23. Provide sprinkler requirements for the occupant load according to California Building Standards Code (2016). 24. Provide all disabled access requirements and complete details on plans prior to plan review submittal and conform to chapter I IA of the California Building Standards Code (2016). 25. There shall be a formal plan submittal prior to all issuance of permits. 26. Refer to chapter 7 of the California Building Standards Code (2016) for Fire/Smoke Protection Requirements. Land Development Division 27. Drainage and Flood Control a. A local drainage study will be required for the project. Any drainage improvements, structures, or storm drains needed to mitigate downstream impacts or to protect the development shall be designed and constructed at the developer's expense, and with right-of-way dedicated as necessary. b. 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. C. If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. d. A Full Categorical Water Quality Management Plan ("WQMP") and a Storm Water Pollution Prevention Plan ("SWPPP") is required for this project. The applicant is directed to the County of San Bernardino Flood Control web page for the WQMP Technical Guidance Document and template. The Land Development Division, prior to the issuance of any permit, shall approve the WQMP and the SWPPP. A CD copy of the approved WQMP and SWPPP is required prior to grading permit issuance. e. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A Water Discharge Identification ("WDID") number issued by the State of California is required prior to the issuance of a grading permit. f. 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. Resolution No. 2019-15 28. 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. 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 Building Official. C. 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. d. If more than fifty (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. e. A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to the issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated into the grading plan. f. 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 Americans with Disabilities Act (42 U.S.C. § 12111 et seq.) ("ADA") path of travel (minimum 4' wide) is not permitted. g. 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(s) shall be 8' by 15'. 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 the design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. h. Retaining walls, block walls, and all on-site fencing shall be designed and detailed on the on-site improvement plan. This work shall be part of the 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. i. 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. Resolution No. 2019-15 All temporary/security fencing for construction sites shall include screening, emergency identification, and safety identification, and shall be kept in a neat and undamaged condition. j. The drive-thru lane and the parking area adjacent to the building shall be constructed of Portland cement concrete ("PCC') pavement. k. The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, and foundation design, with structural calculations, conduit location, material, and size. A photometric plot shall be provided to demonstrate that the proposed on-site lighting design will provide: 1' -candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and ff 0.25' -candles security lighting during all other hours. 1. The design of on-site improvements shall also comply with all requirements of the California Building Standards Code (2016) relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. in. 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'. Where parking overhangs the pathway, the minimum paved width shall be 6.5'. n. One van -accessible parking space is required. The accessible space shall not be used for any other purpose (e.g., vacuum station). o. A lot merger is required for this project. The applicant is directed to the City's web page at http://www.sbcity.org — Departments — Public Works — Submittal Requirements for submittal requirements. p. The project's Landscape Plan shall be reviewed and approved by the Land Development Division prior to the issuance of a grading permit. Three (3) copies must be submitted to the Land Development Division for plan -checking. q. Prior to the occupancy of any building, the developer shall post a bond to guarantee the maintenance and survival of project landscaping for a period of one (1) year. r. The public right-of-way, between the property line and the top of curb (also known as the "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. 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. Resolution No. 2019-15 29. Utilities a. Design and construct all public utilities to serve the site in accordance with the City Code, City Standards, and the 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 that the City or the agency providing such services in the area can serve it. C. Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d. This project is located in the sewer service area maintained by the City of San Bernardino and, therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and the City's Standard Drawings. e. Utility services shall be placed underground and easements provided as required. f. The proposed light poles shall be relocated on site (outside of the City's right-of- way). g. Existing utilities that interfere with new construction shall be relocated at the Developer's expense and as directed by the City Engineer. 30. HMuired EngineeringPlans a. A complete submittal for plan -checking shall consist of: a street improvement plans (may include street lights, or street lighting may be a separate plan); ■ sewer plans (private sewers may be shown on on-site improvement plans; public sewers must be on a separate plan with profile); ■ storm -drain plans (private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile); ■ signing and striping plans (may be on sheets included in street improvement plan); ■ lighting plans (on-site lighting may be included in on-site improvement plans or may be on a separate stand-alone plan); ■ grading plans (may be incorporated with on-site improvement plans); ■ on-site improvement plans and on-site landscaping and irrigation plans; 0 water plans (shall be submitted to San Bernardino Municipal Water Department); and ■ other plans, as required. b. 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 Resolution No. 2019-15 the initial submittal (including but not limited to, drainage studies, soils reports, structural calculations). 31. Required Engineering Permits a. Grading permit; and b. On-site improvements construction permit (except buildings - see Development Services -Building Division), including landscaping. Public Works Department 32. Street Improvement and Dedications a. For the streets listed below, dedication of adequate street right-of-way ("R.W.') per the General Plan and San Bernardino Municipal Code shall provide the distance from the street centerline to the property line and the placement of the curb line ("C.L.') in relation to the street centerline shall be as follows: Street Name Right of Way (feet) Curb Line (feet) Tippecanoe Avenue 47' Existing 38' Existing (281-131-29 8' Dedication Required for a 42' Proposed 281-131-30 55' from centerline (Future 42' to 48') 281-131-50) "Major Arterial" Gould Street 25' to 27.5' Existing 20' Existing (281-131-28 2.5' to 5' Dedication required 0' addition 281-131-29) for a 30' from Centerline Per General Plan "Local Collector" Davidson Street 25' to 27.5' Existing 20' Existing (281-131-50) 2.5' to 5' Dedication required 0' addition for a 30' from Centerline Per General Plan "Local Street" b. Tippecanoe Avenue: i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the "R" value of the subgrade and the traffic Index. The City has a minimum of 2" Grind and Overlay; However the Soils Report may indicate a thicker or different improvement. ii) The existing sidewalk fronting the site does not comply with City Standards and shall be replaced. The existing curb and gutter has some areas that are broken and chipped, these panels shall be replaced. The existing ADA Ramps do not comply with current standards and shall be replace. iii) The comers shall be a 35' Radius to the satisfaction of the City Engineer. Resolution No. 2019-15 iv) Driveway approach shall be constructed using City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. v) Construct 8" Curb and Gutter per City Standard No. 200. vi) Sidewalk shall be constructed at project site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). vii) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. viii) Street Light System shall be replaced in accordance with City Standard Nos. SL -1, SL -2, and SL -3. Also, a separate light plan may be submitted in accordance with the City of San Bernardino's Street Lighting Design Policies ix) Underground existing Poles. x) Install 2-3" Conduit 36" under the sidewalk with pull rope and pull boxes for future Traffic connections. C. Gould Street: i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the "R" value of the subgrade and the traffic Index. The City's has a minimum of 2" Grind and Overlay; However the Soils Report may indicate a thicker or different improvement. ii) The corners shall be a 35' Radius to the satisfaction of the City Engineer. iii) Driveway approach shall be constructed using City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. iv) Construct 8" Curb and Gutter per City Standard No. 200. v) Construct 8" Curb transition from existing to match the new curb and gutter for approach and departure traffic safety and drainage as approved by the City Engineer. vi) Sidewalk shall be constructed at project site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). vii) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. viii) Install an LED Street Lights System adjacent to the site in accordance with City Standard No's. SL -1, SL -2, and SL -3. Also, a separate light plan shall be submitted in accordance with the City of San Bernardino's Street Lighting Design Policies ix) Street Light energy fee to pay cost of street light energy for a period of 4 years shall be paid. Exact amount shall be determined and shall become payable prior to map recording. x) Underground existing Poles. Resolution No. 2019-15 d. Davidson Street: i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the "R" value of the subgrade and the traffic Index. The City has a minimum standard for new streets (4" AC over 8" Base); However the Soils Report may indicate a thicker or different improvement. ii) The corners shall be a 35' Radius to the satisfaction of the City Engineer. iii) A driveway approach shall be constructed using City Standard No. 204, Type H, including an accessible by-pass around the top of the driveway approach. iv) Construct 8" Curb and Gutter per City Standard No. 200. v) Construct 8" Curb transition from existing to match the new curb and gutter for approach and departure traffic safety and drainage as approved by the City Engineer. vi) Sidewalk shall be constructed at project site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). vii) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. viii) Install an LED Street Lights System adjacent to the site in accordance with City Standard No's. SL -1, SL -2, and SL -3. Also, a separate light plan shall be submitted in accordance with the City of San Bernardino's Street Lighting Design Policies ix) Street Light energy fee to pay cost of street light energy for a period of 4 years shall be paid. Exact amount shall be determined and shall become payable prior to map recording. x) Underground existing Poles. * A Traffic Report may increase and extend these requirements. e. A second copy of the drainage report will be delivered to the Public Works Department, if offsite or overflow storm drain systems are identified, all systems shall be included on the street improvement plans, or on a separate set of plans. f. City -approved trash screens and filtration devices shall be installed in all catch basins or manhole connections. g. A temporary construction encroachment permit from the Public Works Department shall be required for utility cuts into existing streets and for any work within the 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 the Public Works Department's satisfaction. h. Permanent Encroachment requirements shall be delivered to the Real Property Division for Council approval and recording, this is an eight (8) to twelve (12) week process with deposits prior to council agendas. Resolution No. 2019-15 i. Any pavement works affecting the traffic -loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. j. The applicant must post a performance bond prior to the issuance of the off-site permit. The amount of the bond is to be determined by the Public Works Department. k. The above conditions shall comply with the codes, and policies in place at time of construction. 33. Required Engineering Plans a. A complete submittal for plan -checking shall consist of ■ street improvement plans; ■ sewer plans (private sewers may be shown on on-site and off-site improvement plans; 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 and off-site improvement plans; public storm drains must be on a separate plan with profile); ■ traffic -signal plans (must be submitted on a separate plan) (if needed); ■ signing and striping plan (may be on sheets included in street improvement plan, with verification and approval prior to submission); ■ lighting plans (offsite lighting must be on a separate plan, unless prior approval otherwise before submission; on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan); ■ water plans (shall be submitted to San Bernardino Municipal Water Department); ■ other plans, as required. b. 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, and structural calculations). C. All off-site improvement plans submitted for plan -checking shall be prepared on the City's standard 24" by 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. Conditions of the project shall be inserted in the plans. d. 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. e. Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org. 34. Required Engineering Permits a. Off-site improvement construction permits. Resolution No. 2019-15 35. Applicable Engineering a. All plan -checking, 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 -checking. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan -checking. b. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org. 36. 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. San Bernardino County Consolidated Fire District 37. All required access roads shall meet county standards of 26' in width and turning radius. Plans shall be submitted and approved prior to construction commencement. 38. Premise and building identification and addressing shall be a minimum of 12" in height. Single-family home addresses shall be a minimum of 4" in height and shall be internally illuminated during the hours of darkness. 39. An approved water -supply system, complete with street fire hydrants complying with Fire Department Standards, shall be in place prior to any combustible construction. 40. All exiting shall comply with the California Fire Code (Cal. Code Regs., tit. 24, pt. 9) and other provisions of the California Building Standards Code (2016) for travel distance, lineal feet, and width. 41. The expiration date for this project is set by the Planning Department. 42. Provide approved fire apparatus access roadways ("fire lanes") in accordance with the current California Fire Code and Fire Department standards. 43. All fire access roads into this project shall meet all applicable San Bernardino County standards and California Fire Code requirements, and shall be paved and all-weather. 44. Fire extinguishers are required throughout. All spacing shall meet the California Fire Code requirements for spacing and size. 45. Required fire flow for this project shall meet the minimum requirements established in the California Fire Code. 46. Fire Riser room is required. See County standard requirements. Resolution No. 2019-15 47. Permission to occupy or use the building (Certification of Occupancy or Shell Building Release) will not be granted until the Fire Department inspects, approves, and signs off on the Building and Safety job card/building permit for "fire final." 48. 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. 49. The referenced project is under the jurisdiction of the San Bernardino County Fire Department. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Code Official for verification of current fire protection requirements. All new construction shall comply with the current San Bernardino County Fire Code requirements and all applicable statutes, codes, ordinances, and standards of the Fire Department. 50. Knox Box/Key Box is required, and shall be provided and installed in accordance with the California Fire Code and Fire Department standards. 51. All access gates shall require mechanical means for opening in the event of power failure, shall not impinge on required clear width when fully open, and shall be equipped with Know Box lock -actuation devices. 52. Monitored fire sprinkler systems are required for the proposed building. Plans shall be submitted to the Fire Department prior to construction, pursuant to California Fire Code, section 903.2.1.1. 53. An approved on-site fire -protection system, in accordance with Fire Department standards, is required. The system is required to be in-place and serviceable prior to building construction. 54. Any changes to this proposal shall require a new Fire Department condition letter. 55. The project shall comply with all current Building Codes, Fire Codes, and Fire Department standards based on occupancy classification. 56. Streets or access roads greater than 150' in length shall require cul-de-sacs or approved turnarounds, per Fire Department standards. Any street exceeding 500' will require paved secondary access. This includes construction phasing. 57. Any changes to the approved life -safety system shall require plans to be submitted to the Fire Department prior to construction, including fire sprinklers, fire alarms, an underground water supply for fire protection, and cooking appliances and hood protections. 58. The water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Code Official. Resolution No. 2019-15 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 approving the Project. SECTION 6. 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. APPROVED and ADOPTED by the Cit CIM it a d signed by the Mayor and attested by the City Clerk this 16a' day of Janua 2019. r John Valdivia, Mayor City of San Bernardino Attest: Georgeann HaKiia, MIMC, Cit Clerk Approved -as to form: Gary D. Saenz, City Attorney Resolution No. 2019-15 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, AMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-15 adopted at a regular meeting held at the 16'' day of January 2019 by the following vote: Council Members: SANCHEZ MARRA VACANT SHORETT NICKEL RICHARD MULVIHILL AYES NAYS ABSTAIN ABSENT M 0 0 x_ A WITNESS irny hand and official seal of the City of San Bernardino this 16'b day of Jan ary 2019. Georgeann HGjia, MMC, Cly Clerk