HomeMy WebLinkAbout2019-316Resolution No. 2019-316
RESOLUTION NO. 2019-316
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, GRANTING
APPEAL 19-03 OF THE PLANNING COMMISSION'S DENIAL,
THEREBY APPROVING DEVELOPMENT PERMIT TYPE -P 18-09
AND VARIANCE 19-03 ALLOWING A DENSITY BONUS OF ONE
(1) UNIT FOR THE DEVELOPMENT OF A MULTI -FAMILY
RESIDENTIAL PROJECT COMPRISED OF SIX (6) UNITS ON A
PARCEL CONTAINING APPROXIMATELY 0.42 ACRES,
ALLOWING A REDUCTION IN THE REQUIRED SIDE YARD
SETBACK FROM FIFTEEN (15) FEET TO SEVEN (7) FEET, AND
ALLOWING A TRANSFER OF THE REQUIRED PRIVATE OPEN
SPACE TO COMMON OPEN SPACE ON A PROJECT SITE
LOCATED AT 3459 N. E STREET (APN: 0152-081-04) WITHIN
THE RESIDENTIAL MEDIUM (RM) ZONE; AND, FINDING THE
PROJECT SUBJECT TO A CATEGORICAL EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, on December 27, 2018, pursuant to the requirements of Chapter 19.44
(Development Permits) and Chapter 19.72 (Variances) of the City of San Bernardino Development
Code, an application for Development Permit Type -P 18-09 and Variance 19-03 was duly submitted
by.
Property Owner: Oak Properties
1140 S. Cypress Street, Suite J
La Habra, CA 90631
Project Applicant: Edward Islas
1140 S. Cypress Street, Suite J
La Habra, CA 90631
Property Address: 3459 North E Street
San Bernardino, CA 92405
APN(S): 0152-081-04
Lot Area: 0.42 acres
WHEREAS, Development Permit Type -P 18-09 and Variance 19-03 is a request to allow a
density bonus of one (1) unit for the development of a multi -family residential project comprised
of six (6) semi -attached units each with a one (1) car attached garage containing a total of
approximately 1,222 square feet, along with the construction of the required on-site and off-site
improvements, on a parcel containing approximately 0.42 acres; allow a reduction of the
required side yard setback from fifteen (15) feet to seven (7) feet; and, allow a transfer of the
required private open space to common open space; and
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WHEREAS, the Planning Division of the Community and Economic Development
Department of the City of San Bernardino has reviewed Development Permit Type -P 18-09 and
Variance 19-03 for consistency with the City of San Bernardino General Plan, and compliance
with the City of San Bernardino Development Code; and
WHEREAS, on July 9, 2019, pursuant to the requirements of Section 19.52.040
(Hearings and Appeals — Hearing Procedure) 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, Development Permit Type -P 18-09 and
Variance 19-03, and at which meeting the Planning Commission considered Development Permit
Type -P 18-09 and Variance 19-03; and
WHEREAS, on July 9, 2019, during said duly public hearing, after public testimony and
deliberation among the Planning Commissioners, Commissioner Jones made a motion to adopt
Resolution No. 2019-042 approving Development Permit Type -P 18-09 and Variance 19-03
based on the Findings of Fact presented, and Commissioner Chang seconded the motion; and
WHEREAS, the motion failed by the following vote:
Ayes: Jones and Chang
Nays: Lopez, Sanchez, Quiel, and Woolbert
Abstain: None
Absent: Guerrero, Liang, and Ruiz
WHEREAS, pursuant to Section 2.22.030 (Quorum and Vote Required) of the City of
San Bernardino Municipal Code, action granting approval of any matter, except General Plan
amendments, and amendments to the Municipal Code, must be taken by a majority vote of
commissioners in attendance, and a failure to do so results in an automatic denial of the pending
matter.
WHEREAS, a majority of the Planning Commission agreed that allowing a density
bonus of one (1) unit for the development of a multi -family residential project comprised of six
(6) semi -attached units each with a one (1) car attached garage containing a total of
approximately 1,222 square feet, along with the construction of the required on-site and off-site
improvements, on a parcel containing approximately 0.42 acres; allow a reduction of the
required side yard setback from fifteen (15) feet to seven (7) feet; and, allow a transfer of the
required private open space to common open space requested by Development Permit Type -P
18-09 and Variance 19-03 is not an appropriate at this location due to the following: 1) the
proposed density and multi -family residential development is not consistent with the existing
single-family residential character of the surrounding neighborhood, 2) the proposed reduction of
the side yard setback is not compatible with the adjacent single-family residences, and 3) the
proposed project does not provide adequate off-street parking; and
WHEREAS, the Planning Commission directed the Planning Division of the Community
and Economic Development Department to prepare Resolution No. 2019-042 denying
Resolution No. 2019-316
Development Permit Type -P 18-09 and Variance 19-03, and return to the regularly scheduled
Planning Commission meeting on August 13, 2019 for affirmation of the vote; and
WHEREAS, on July 23, 2019, pursuant to the requirements of Section 19.52. 100 (Filing
of Appeals) of the City of San Bernardino Development Code, the applicant submitted an
application for Appeal 19-03 of the Planning Commission's denial of Development Permit Type -
P 18-09 and Variance 19-03;
WHEREAS, on August 13, 2019, the Planning Commission affirmed the vote of
Resolution No. 2019-042 denying Development Permit Type -P 18-09 and Variance 19-03;
WHEREAS, notice of the November 6, 2019 public hearing for the Mayor and City
Council's consideration of the proposed Resolution for Appeal 19-03 for Development Permit
Type -P 18-09 and Variance 19-03 was published in The Sun newspaper on October 23, 2019, and
was mailed to property owners within a 500 foot radius of the project site in accordance with
Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code; and
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals),
Chapter 19.42 (Development Permits), and Chapter 19.72 (Variances) of the City of San
Bernardino Development Code, the Mayor and City Council has the authority to take action on
Appeal 19-03 for Development Permit Type -P 18-09 and Variance 19-03.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Compliance with the California Environmental Quality Act. As the
decision-making body for the project, the Mayor and City Council have reviewed and considered
the information contained in the administrative record for Development Permit Type -P 18-09
and Variance 19-03. Based upon the facts and information contained in the administrative
record, including all written and oral evidence presented to the Mayor and City Council, the
Mayor and City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the
State CEQA Guidelines, and the City's Local CEQA Guidelines;
(2) The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15303 (New Construction or Conversion of
Existing Structures) of the CEQA Guidelines;
(3) The application of the categorical exemption is not barred by one of the exceptions set
forth in the CEQA Guidelines Section 15300.2; and
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(4) The determination of CEQA exemption reflects the independent judgment of the
Mayor and City Council.
SECTION 3. Findings of Fact — Development Permit Type -P 18-09.
Finding No. 1: The proposed development is one permitted within the subject zoning
district and complies with all of the applicable provisions of this
Development Code, including prescribed development/site standards and
any/all applicable design guidelines.
Finding of Fact: The proposed 6 -unit multi -family residential development is a permitted
land use within the Residential Medium (RM) zone, subject to the
approval of a Development Permit Type -P with the appropriate Conditions
of Approval and CEQA determination. The proposal under Development
Permit Type -P 18-09 and Variance 19-03 will be developed in compliance
with all of the applicable provisions contained in Chapter 19.20 and
Chapter 19.04 of the City of San Bernardino Development Code, subject
to approval of the proposed Variance, including development standards
and applicable design guidelines. Therefore, the proposed development
would not impair the integrity and character of the subject land use
district.
Finding No. 2: The proposed development is consistent with the General Plan.
Finding of Fact: The proposal is consistent with the following General Plan goals and
policies:
■ Land Use Element Polies, 2.2.1: Ensure compatibility between uses
and quality design through adherence to the standards and regulations
in the Development Code and policies and guidelines in the
Community Design Element.
■ Housing Element Goal 3.2; Conserve and improve the existing
affordable housing stock and revitalize deteriorating neighborhoods.
■ Housing Element Policv 3.5.4: Encourage and facilitate the
construction, maintenance, and preservation of a variety of housing
types adequate to meet a range of household needs.
■ Community Desfgn Element Poliej,5.5.1: Require new and infill
development to be of compatible scale and massing as existing
development yet allow the flexibility to accommodate unique
architecture, colors, and materials in individual projects.
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■ Circulation Element Policv 6.9.1: Ensure that developments provide
an adequate supply ofparking to meet its needs either on-site or within
close proximity.
The proposed 6 -unit multi -family residential development will provide
additional housing opportunities within the City, consistent with these
General Plan goals and policies. Additionally, the proposed project is
permitted within the Residential Medium (RM) zone, subject to the
approval of a Development Permit with the appropriate Conditions of
Approval and CEQA determination, and the Residential Medium (RM)
zone is consistent with the Residential land use designation set forth by the
General Plan Land Use Map.
Finding No. 3: The proposed development would be harmonious and compatible with
existing and future developments within the zone and general area, as well
as with the land uses presently on the subject property.
Finding of Fact: The proposed 6 -unit multi -family residential development will be
harmonious and compatible with existing and future developments within
the Residential Medium (RM) zone and the surrounding area. The scale
and density of the proposed development is similar to that of the existing
residential development in the area and it conforms to' the development
standards of the Residential Medium (RM) zone, subject to approval of the
proposed variance. Therefore, no land use conflict is expected to result
from construction of the proposed project.
Finding No. 4: The approval of the Development Permit for the proposed development is
in compliance with the requirements of the California Environmental
Quality Act and Section 19.20.030(6) of the Development Code.
Finding of Fact: In accordance with the California Environmental Quality Act, the Planning
Division of the Community Development Department evaluated
Development Permit Type -P 18-09 and Variance 19-03, and has
determined that is categorically exempt from CEQA Guidelines, pursuant
to Section 15303 (New Construction or Conversion of Small Structures) of
the CEQA Guidelines and Conditions of Approval will be imposed to
alleviate potential impacts.
Therefore, the proposed project site is in compliance with the
requirements of CEQA and Section 19.20.030(6) of the Development
Code.
Finding No. 5: There will be no potential significant negative impacts upon
environmental quality and natural resources that could not be properly
mitigated and monitored.
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Finding of Fact: The project site is an m -fill site and the surrounding area is urbanized. In
accordance with Section 15303 of the California Environmental Quality
Act, the proposed 6 -unit multi -family residential development will be
maintained within the appropriate measures and will not create conditions
that may be objectionable or detrimental to other permitted uses in the
vicinity. The project has been designed to comply with the Development
Code standards and will be subject to appropriate Conditions of Approval.
Additionally, it has been determined that it will not create any negative
impact upon the environmental quality or natural resources within the
project site or its vicinity. Therefore, no significant negative impacts on
the environment and natural resources are anticipated to result from the
proposed development.
Finding No. 6: The subject site is physically suitable for the type and density/intensity of
use being proposed.
Finding of Fact: The Residential Medium (RM) zone allows for a maximum of 12 units per
acre, which would allow a maximum of 5 units on the project site.
Accordingly, the applicant is requesting approval of a density bonus
pursuant to Development Code Section 19.04.030(2)(D)(2) to allow for a
15% increase in the maximum density for the project based off of the
addition of enhanced architecture, increased open space, and attached
garages. Subject to approval of the density bonus, the proposed 6 -unit
multi -family residential development would comply with all density
requirements for the project site.
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 6 -unit multi -family residential development. 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, the proposed project under Development Permit
Type -P 18-09 will not be detrimental to public services or public health
and safety.
Finding No. 8: 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: The proposed 6 -unit multi -family residential development conforms to all
applicable development standards and land use regulations of the
Residential Urban (RU) zone, subject to the approval of the proposed
reduction to the side yard setback. Therefore, the design of the project, in
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conjunction with the recommended Conditions of Approval, 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. Findings of Fact - Variance 19-03.
Finding No. 1: There are special circumstances applicable to the property, including size,
shape, topography, location, or surroundings, the strict application of this
Development Code deprives such property of privileges enjoyed by other
property in the vicinity and under identical zone classification.
Finding of Fact: The existing project site is a thru-lot approximately 66 feet wide by 280
feet in depth. Due to the width of the existing lot on-site access for
emergency services would be unduly restricted were the property
developed under existing setback requirements. Furthermore, the transfer
of open space on the property is necessary to allow sufficient recreational
area while allowing for a modification to the building design that will
allow for the required emergency access and minimum structural setbacks.
Finding No. 2: Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and zone and denied to the property for which the Variance is sought.
Finding of Fact: The Variance for the reduction in required side yard setback is necessary
in order to allow for the development of dwelling units that meet
minimum livable space requirements while providing sufficient access for
emergency services and structural egress requirements, and would allow
for a development that is compatible with the existing setbacks of the
surround residential developments.
Finding No. 3: Granting the Variance will not be materially detrimental to the public
health, safety, or welfare, or injuries to the property or improvements in
such vicinity and zone in which the property is located.
Finding of Fact: The proposed reduction in the required side yard setback will not be
detrimental to the public health, safety, or welfare in that the project will
meet all requirements for access for emergency services and structural
egress.
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Finding No. 4: Granting the Variance does not constitute a special privilege inconsistent
with the limitations upon other properties in the vicinity and zone in which
such property is located.
Finding of Fact: The granting of the Variance would not constitute a special privilege
inconsistent with the limitations upon other properties in the vicinity and
land use district in which such property is located due to the fact that the
depth of the lot in relation to the width requires on-site access for
emergency services that would otherwise be restricted were the Variance
not granted. Additionally, the transfer of open space will not reduce the
available recreational space on the property.
Finding No. 5: Granting the Variance does not allow a use or activity which is not
otherwise expressly authorized by the regulations governing the subject
parcel.
Finding of Fact: The granting of the Variance does not allow a use or activity which is not
otherwise expressly authorized by the regulations governing the subject
parcel, but will allow the property development to be maximized while
maintaining health, safety and welfare standards for potential future
residents.
Finding No. 6: Granting the Variance will not be inconsistent with the General Plan.
Finding of Fact: The granting of the Variance will not be inconsistent with the General Plan
in that the proposed use is permitted within the subject zoning district, and
the reduction in the side yard setback and transfer of open space would
allow the development to meet the requirements for access for emergency
services, thus ensuring the public health, safety, and welfare, while
providing sufficient recreational space throughout the property.
SECTION 5. — Conditions of Approval. Development Permit Type -P 18-09 and Variance
19-03 are hereby approved, subject to the following Conditions of Approval:
1. This approval is to allow a density bonus of one (1) unit for the development of a multi-
family residential project comprised of six (6) semi -attached units each with a one (1) car
attached garage containing a total of approximately 1,222 square feet on a parcel containing
approximately 18,430 square feet; and, allow a reduction of the required side yard setback
from fifteen (15) feet to seven (7) feet. The project site is located at 3459 North E Street, San
Bernardino, CA 92405 (APN: 0152-081-04).
2. The project site shall be developed and maintained in accordance with: (i) the plans stamped
November 6, 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.
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3. Within two (2) years of the approval of the Development Permit, the commencement of
construction shall have occurred or the permitlapproval shall become null and void. In
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: November 6, 2021
4. The review authority may grant a time extension, for good cause, not to exceed twelve (12)
months. The applicant must file an application, the processing fees, and all required submittal
items thirty (30) days prior to the expiration date. The review authority shall ensure that the
project complies with all Development Code provisions in effect at the time of the requested
extension.
5. In the event this approval is legally challenged, the City will promptly notify the applicant of
any claim, action, or proceeding and will 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
6. Construction -related activities may not occur between the hours of 8:00 pm and 7:00 am. No
construction vehicles, equipment, or employees may be delivered to, or arrive at, the
construction site before 7:00 am or leave the site after 8:00 pm. Construction activities shall
only occur Monday through Friday.
7. If the colors of the buildings or other exterior finish materials are to be modified beyond the
current proposal and improvement requirements, the revised color scheme and/or finish
materials shall be reviewed and approved by the Planning Division prior to the
commencement of work.
Resolution No. 2019-316
8. The project landscape plans shall be prepared in accordance with the Development Code,
section 19.28.120 (Water Efficient Landscaping Standards).
9. 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.
10. 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.
11. 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.
12. The 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.
13. 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.
14. Submittal requirements for permit applications (site improvements, landscaping, etc.) to
Building Plan Check and/or Land Development must include all Conditions of Approval
issued with this approval, printed on the plan sheets.
15. All Conditions of Approval and Standard Requirements shall be implemented and/or
completed prior to final inspection and/or issuance of a Certificate of Occupancy.
Building and Safety Division
16. All plans submitted shall conform to the California Building Code (2016). Please note that
this will include the California Green Building Standards Code.
17. Project shall conform to chapter 3 of the California Building Code (2016).
18. Project shall also conform to the requirements of Chapter 4 of the California Building Code
(2016), Special Details Requirements Based on Use of Occupancy.
19. Provide sprinkler requirements for the occupant load according to California Building Code
(2016).
20. Provide all disabled access requirements and complete details on plans prior to plan review
submittal and conform to Chapter 11A of the California Building Code (2016).
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21. There shall be a formal plan submittal prior to all issuance of permits.
22. Refer to chapter 7 of the California Building Code (2016) for Fire/Smoke Protection
Requirements.
Land Development Division
17. VtgAgge and Flood Control
a) A local drainage study will be required for the project. Any drainage improvements,
structures or storm drains needed to mitigate downstream impacts or protect the
development shall be designed and constructed at the developer's expense, and right-of-
way dedicated as necessary.
b) The development is located within Zone X of the Federal Insurance Rate Maps on
booklet #06071 C7945H with year 08/28/2008.
c) 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.
d) 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.
e) A Full -Categorical Water Quality Management Plan (WQMP) is required for this project.
The applicant is directed to the County of San Bernardino's Flood Control web page for
the template and Technical Guidance Document. The Land Development Division, prior
to issuance of any permit, shall approve the WQMP. A CD copy of the approved WQMP
is required prior to grading permit issuance.
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.
18. 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 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.
c) 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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d) 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.
e) 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.
f) The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing
No. 508 with an accessible path of travel with modification to provide ADA access (For
Housing Unit or Apt). 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.
g) 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.
h) 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:
i) 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.
j) 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.
k) 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.
1) 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.
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19. 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.
d) Sewer main extensions required to serve the site shall be constructed at the Developer's
expense.
e) This project is located in the sewer service area maintained by the City of San Bernardino
therefore, any necessary sewer main extension shall be designed and constructed in
accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings.
f) Utility services shall be placed underground and easements provided as required.
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.
20. Required Engineering Plans
a) A complete submittal for plan checking shall consist of-
street
fstreet 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),
■ 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 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),
■ 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.
Resolution No. 2019-316
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.org_
21. 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.
22. Amlicable 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.sbcity.org_
Public Works Division
23. Street Improvement and Dedications
a) For the streets listed below, dedication of adequate street right-of-way (R.W.) per the
General Plan and Municipal Code shall 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
Right of Way (ft.)
From Centerline
Curb Line (ft.)
From Centerline
41.25' Existing
27.25' Existing
E Street
Dedication
None -Proposed
"Maor Arterial"
"Major
(Future 36' to 40')
per General Plan
25' Existing
15' Existing
Stoddard Avenue
Dedication
None — Proposed
(152-081-04)
"Local Street"
(Future 20')
Per General Plan
Resolution No. 2019-316
b) E 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 existing curb and sidewalk are in good condition.
in) Construct Commercial Driveway Approach per City Standard No. 204, Type 11,
including an accessible by-pass around the top of the drive approach.
iv) Existing Street Light System shall be replaced to LED (Head) 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 Street Lighting Design
Policies as directed by the City Engineer.
v) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any
corner or alignment changes that are adjacent to the project area in accordance to
California Land Surveyors Association — Monument Preservation Guidelines.
Stoddard Avenue: * - * *
vi) 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.
vii) The existing curb is buried in weeds. Clean and repair any damaged, cracked or
chipped curb.
viii) Construct Commercial Driveway Approach per City Standard No. 204, Type II,
including an accessible by-pass around the top of the drive approach.
ix) Construct Sidewalk per City Standard No. 202; Case "A" (6' wide adjacent to curb).
x) Replace stop ahead sign.
xi) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any
corner or alignment changes that are adjacent to the project area in accordance to
California Land Surveyors Association — Monument Preservation Guidelines.
* These Conditions are set for an estimated construction with -in two years. If
construction exceeds two years from DERC Approval these conditions shall be
reviewed and updated as needed.
** If a Scoping Form is required, this form shall indicated the need of a Traffic
Report, the results of the traffic report shall become conditions of this project
which may increase or extend the above requirements in section 1(b) and 5(a).
Resolution No. 2019-316
c) With Submittal of improvement plans including but not limited to grading plans, Street
improvement plans, storm drain and retention/detention basin plans, and
erosion/sediment control plans, The Applicant shall cause to be formed, or shall be
annexed into an existing, Community Facilities District(s) (CFD) for landscaping,
lighting, streets, drainage facilities, street sweeping, graffiti removal, or other
infrastructure as required by the City to the satisfaction of the City Engineer. The
Applicant shall initiate the maintenance and benefit assessment district(s) formation, or
annexation, by submitting a landowner petition and consent form (provided by the City)
and deposited necessary fees concurrent with the application for street and grading plan
review and approval; and said maintenance and benefit assessment district(s) shall be
established concurrent with the approval of the final map in the case of the subdivision of
land, or prior issuance of any certificate of occupancy where there is no subdivision of
land, and as approved by the City Engineer.
d) If a drainage report is required by Land Development, A second copy of the drainage
report will be delivered to public works, if offsite or overflow storm drain systems are
identified, all systems shall be identified on the street improvement plans, public storm
drain shall be on a separate set of plans.
e) A temporary construction 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.
h) The above conditions shall comply with current codes and policies at time of
construction.
24. Required En&eerm. Pg laps
a) A complete submittal for plan checking shall consist of:
• street improvement plans (include engineering conditions and cross sections in these
ply),
■ if storm drain plans are required then public storm drains must be on a separate plan
with profile, private storm drains may be shown on on-site and off-site improvement
plans,
■ traffic signal plans must be submitted on a separate plan (if required by conditions or
traffic reports),
■ signing and striping plan (may be on sheets included in street improvement plan,
verification and approval prior to submission),
■ lighting for offsite plans (may be on sheets included in street improvement plan,
verification and approval prior to submission),
Resolution No. 2019-316
• CFD Plans are required, they shall include Landscaping, Irrigation, Basins, etc. that
are included in the CFD that are not listed in the plans above.
■ 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)
■ Each discipline shall have its own title sheet unless packaged as a set.
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 (city standard block) satisfactory to the City
Engineer or his designee can be found on the City Web Site http://www.sbcity.org.
Engineering conditions of the project shall be inserted in the last pages of the plans.
c) After completion of plan checking, final mylar drawings with city standard block,
stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the
City Engineer and/or Building Official for approval.
d) Electronic files of all improvement plans/drawings shall be submitted to the City
Engineer. The files shall be compatible with AutoCAD 2015, and include a .dxf file of
the project. Files shall be on CD and shall be submitted at the same time the final mylar
drawings are submitted 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.or&
25. Required Engineering Permits
a) Off-site improvement construction permits.
b) Traffic Control and ROW Permits.
26. Auylicable En 'nig 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.sbcity.or&
27. 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.
Resolution No. 2019-316
San Bernardino County Consolidated Fire District
23. All required access roads shall meet county standards of 26 feet in width and turning radius.
Plans shall be submitted and approved prior to construction commencement.
24. Premise and building identification and addressing shall be a minimum of 12 inches in
height. Single-family home addresses shall be a minimum of 4 inches in height and shall be
internally illuminated during the hours of darkness.
25. An approved water -supply system, complete with street fire hydrants complying with Fire
Department Standards, shall be in place prior to any combustible construction.
26. Provide approved fire apparatus access roadways (fire lanes) in accordance with the current
California Fire Code and Fire Department standards.
27. 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.
28. Required fire flow for this project shall meet the minimum requirements established in the
California Fire Code.
29. Fire Sprinklers are required. Please submit all plans to San Bernardino County Fire
Department.
30. 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".
31. Interior/exterior Fire Department access roadways/fire lanes shall be required per Fire
Department Standards. If gates are installed, must comply with Fire Department Standards.
32. 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.
33. 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 Knox
Box lock -actuation devices.
34. Fencing, walls or car ports shall not obstruct Fire Department access to fire hydrants and
property.
35. Provide a complete on-site fire protection plan to the FD which indicates the location of all
required fire protection appliances (FDC's, PIV's, DDC's, proposed and existing fire
hydrants, etc.).
Resolution No. 2019-316
36. Any changes to this proposal shall require a new Fire Department condition letter.
37. The project shall comply with all current Building Codes, Fire Codes, and Fire Department
standards based on occupancy classification.
38. 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 hydrant and FDC.
■ Fire Department Connection required within 50 feet of a.hydrant.
■ Bollards (crash posts) may be required at time of final inspection (to protect the fire
hydrants and FDC from vehicular traffic).
■ Public fire hydrants are required along streets at intervals not to exceed 300 feet for
commercial and 500 for residential areas.
39. Streets or access roads greater than 150 feet 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).
40. 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.
SECTION 6. Notice of Determination. The Planning Division of the Community and
Economic 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 7. Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and
City Council hereby declares that it would have adopted each section irrespective of the fact that
any one or more subsections, subdivisions, sentences, clauses, or phrases be declared
unconstitutional, invalid, or ineffective.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
Resolution No. 2019-316
APPROVED and ADOPTED by the City C uncil and ' ed by the Mayor and attested
by the City Clerk this 6h day of November, 2019.
ohn Valdivia, Mayor
City of San Bernardino
Attest:
l �
�Z .n
Georgeann lifinna, MMC, tity Clerk
Approved as to form:
li-Ir- . 5 z
Gary D. Saenz, City Attorney
Resolution No. 2019-316
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-316, adopted at a regular meeting held at the 6th day of November, 2019 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
MARRA
FIGUEROA iC
SHORETT
NICKEL
[ydo, raNC
MULVIHILL x
-XVTTT�TE ��c
W
SS. my -hand and official seal of the City of San Bernardino this 6h day of November
2019.
Georgeann HpKna, MMC, City Clerk
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