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HomeMy WebLinkAbout2019-327RESOLUTION NO. 2019-327 RESOLUTION NO. 2019-327 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING APPEAL 19-04 THEREBY APPROVING DEVELOPMENT PERMIT TYPE -P 19-03 ALLOWING THE DEVELOPMENT OF A NEW COMMERCIAL BUILDING FOR THE ESTABLISHMENT AND OPERATION OF A RESTAURANT USE (WINCHELL'S) ON A PARCEL CONTAINING APPROXIMATELY 0.40 ACRES LOCATED AT 3003 N. E STREET (APN: 0152-193-29) WITHIN THE COMMERCIAL GENERAL (CG -1) ZONE AND TRANSIT DISTRICT (TD) OVERLAY; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on March 6, 2019, pursuant to the requirements of Chapter 19.44 (Development Permits) and Section 19.06.020(E)(2) (Commercial Zones — Development Permitted and Conditionally Permitted Uses) of the City of San Bernardino Development Code, an application for Development Permit Type -P 19-03 was duly submitted by: Property Owner: Yum Yum Donut Shops, Inc. 18830 E. San Jose Avenue City of Industry, CA 91748 Applicant: Michael Heinemeyer 18830 E. San Jose Avenue City of Industry, CA 91748 Parcel Address: 3003 North E Street APN: 0152-193-29 Lot Area: 0.40 acres WHEREAS, Development Permit Type -P 19-03 is a request to allow the development of a commercial building containing approximately 1,937 square feet, along with the construction of the required on-site and off-site improvements, on a parcel containing approximately 0.40 acres in order to establish and operate a restaurant use (Wmchell's); WHEREAS, the Planning Division of the Community and Economic Development Department has reviewed Development Permit Type -P 19-03 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; RESOLUTION NO. 2019-327 WHEREAS, pursuant to requirements of the California Environmental Quality Act ("CEQA"), the Planning Division of the Community and Economic Development Department evaluated Development Permit Type -P 19-03 and determined that it is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; WHEREAS, on September 10, 2019, pursuant to the requirements of Section 19.52.040 (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 19-03; WHEREAS, during said public hearing a concern was expressed from local residents and some of the Planning Commissioners that the proposed land use as a donut shop for the proposed new building is not compatible with the neighboring small and family -operated businesses; WHEREAS, after public testimony and deliberation among the Planning Commission during said public hearing, Commissioner Liang made a motion to adopt Resolution No. 2019- 048 approving Development Permit Type -P 19-03 and Commissioner Quiel seconded the motion. The motion carried the following vote: Ayes: Guerrero, Liang, Quiel and Sanchez Nays: Chang, Jones, Lopez and Woolbert Absent: Ruiz WHEREAS, pursuant to Section 2.22.030 (Quorum and Vote Required) of the City of San Bernardino Municipal Code, five (5) members of the City Planning Commission shall constitute a quorum for the transaction of business. 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, as a result of the lack of a majority vote taken, the motion failed and Development Permit Type -P 19-03 thereby was denied; WHEREAS, on September 19, 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 19-04 for Development Permit Type -P 19-03; WHEREAS, notice of the December 4, 2019 public hearing for the Mayor and City Council's consideration of the proposed Resolution for Appeal 19-03 for Development Permit Type -P 19-03 was published in The Sun newspaper on November 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 0) RESOLUTION NO. 2019-327 WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) and Chapter 19.42 (Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Appeal 19-04 for Development Permit Type -P 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. Findings of Fact — Development Permit Type -P 19-03. Finding No. 1: The proposed development is one permitted within the subject zoning district and complies with all applicable provisions of the Development Code, including prescribed site development standards and any/all applicable design guidelines. Finding of Fact: Pursuant to Section 19.06 (Commercial Zones) of the City of San Bernardino Development Code, commercial buildings for restaurant use are permitted within the Commercial General (CG -1) Zone, subject to the approval of a Development Permit with the appropriate Conditions of Approval and CEQA determination. The project would not impair the integrity and character of the subject land use district and has been designed to comply with all of the applicable provisions of the Development Code. Finding No. 2: The proposed use is consistent with the General Plan. Finding of Fact: The proposed project is consistent with General Plan goals and policies including the following: Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element. Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development. Communi Desi jr Element Goal 5.4: Ensure individual projects are well designed and maintained. 3 RESOLUTION NO. 2019-327 Communi , Design Element Polie.v 5.5.1: Require new and in fill 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. Circulation Element Polis , 6.9.1: Ensure that developments provide an adequate supply of parking to meet its needs either on-site or within close proximity. With respect to the proposal for Development Permit Type -P 19-03, the project has been designed to provide adequate parking, circulation and aesthetic variety within the surrounding area, while maintaining scale and massing that are compatible with existing developments. The proposed restaurant use as a Wmchell's is permitted within the subject Commercial General (CG -1) zone and is compatible with other commercial uses. Therefore, the proposed project satisfies the Development Code requirements and General Plan goals and policies. Finding No. 3: The proposed development is harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property. Finding of Fact: The subject site is located within the Commercial General (CG -1) Zone and Transit District (TD) Overlay, and is currently undeveloped. The development of a commercial building containing approximately 1,937 square feet for a restaurant use as a Winchell's will improve an underutilized vacant site by incorporating commercial and transit -oriented development standards, while maintaining the integrity of the residential neighborhood through the use of drought tolerant landscaping within setbacks, and providing for adequate parking, and architectural design. Therefore, the proposed development would be harmonious and compatible with the land use district, and General Plan area, including existing and future land uses surrounding the site. 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: The Planning Division conducted an environmental evaluation in connection with proposed Development Permit Type -P 19-03 and concluded that it is exempt under Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines. Section 15303 covers projects that consist of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of exiting 4 RESOLUTION NO. 2019-327 small structures from one use to another where only minor modifications are made in the exterior of the structure contained within Section 15303. The Planning Division staff has analyzed proposed Development Permit Type -P 19-03 and has determined that it is categorically exempt from CEQA pursuant to Section 15303 of the CEQA Guidelines due to the fact that: - The project consists of a commercial structure not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. The proposed commercial building containing approximately 1,937 square feet meets the provisions established by Section 15303 of the CEQA Guidelines and is not subject to one of the exceptions established by section 15300.2 of the CEQA Guidelines. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. 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. Finding of Fact: The proposed project is exempt from CEQA review as new construction of a small structure. Additionally, the site is already substantially surrounded by urban development, and is not mapped as a potential resource for sensitive species or other biological resources. The City's Traffic Engineering Division has accepted the Traffic Impact Analysis prepared for the proposed project, concluding that the project has no significant impacts on the surrounding roadways or study intersections. Therefore, there were no impacts identified or mitigation measures required. Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact: The proposed commercial building containing approximately 1,937 square feet has been designed pursuant to the land use regulations and development standards of the Commercial General (CG -1) zone and Transit District (TD) Overlay. The subject site is sufficient in size to accommodate the proposed restaurant use as a Winchell's as required by the City of San Bernardino 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 and safety. 5 RESOLUTION NO. 2019-327 Finding of Fact: The vacant lot. on which the proposed commercial building is to be constructed was previously developed with a gas station that was served by a full range of public services and utilities. Therefore, the proposed new development has been designed with comparable public improvements and utilities, and is therefore not detrimental to public health and safety. Finding No. 8: The location, size, design, and operating characteristics of the proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposal to construct a commercial building containing approximately 1,937 square feet on a parcel containing approximately 0.40 acres along with construction of the required off-site and on-site improvements conforms to all the applicable development standards and land use regulations of the Commercial General (CG -1) zone and Transit District (TD) Overlay. Therefore, the design of the project and the implementation of the Conditions of Approval will ensure that the project will not create conditions, or situations that may be detrimental to the public interest, health, safety, convenience, or welfare of the City SECTION 3. Environmental Determination. As the approving body for Appeal 19-04 for Development Permit Type -P 19-03, the Mayor and City Council has reviewed and considered the information contained in the administrative record for Appeal 19-04 for Development Permit Type -P 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 find, 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 (Class 3: New Construction or Conversion of Small 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 (4) The determination of CEQA exemption reflects the independent judgment of the Planning Commission. 6 RESOLUTION NO. 2019-327 SECTION 3. Conditions of Approval. 1. This approval is to allow the development of a commercial building containing approximately 1,937 square feet for establishment and operation of a restaurant use as a Winchell's, along with the construction of the required on-site and off-site improvements, on a parcel containing approximately 0.40 acres. The project site is located at 3003 North E Street (APN: 0152-193-29) within the Commercial General (CG -1) zone and Transit District (TD) Overlay. 2. The project site shall be developed and maintained in accordance with the plans stamped December 4, 2019 (EXHIBIT "A"), approved by the City, which includes a site plan, floor plans, exterior elevations, conceptual landscaping plan, and preliminary grading plan on file in the Planning Division; the Conditions of Approval contained herein; and, the City's Municipal Code regulations. 3. The hours of operation shall be twenty-four hours a day, seven days a week. 4. Within two (2) years of the Development Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: DECEMBER 4, 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 cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "Attorney's fees" for the purpose of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. 7 RESOLUTION NO. 2019-327 7. The proposed driveway along W. 3& Street will be signed for right turn only. 8. 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. 9. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 10. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 11. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours of being reported. 12. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code 19.28.120, Water Efficient Landscaping Standards. 13. Minor modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. 14. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Works Department, the San Bernardino County Fire Department, and the Business Registration Division. 15. All exterior lighting shall be contained within property lines and energy efficient with the option to lower or reduce usage when the facility is closed. 16. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check -and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets. 17. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. RESOLUTION NO. 2019-327 Land Development Division 18. 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 protect the development shall be designed and constructed at the developer's expense, and right-of- way dedicated as necessary. b) The detention basin shall be designed in accordance with "Detention Basin Design Criteria for San Bernardino County." Retention basins are not acceptable. c) The development is located within Zone X of the Federal Insurance Rate Maps on booklet #06071 C7945H with year 08/28/2008. d) 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. e) 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. f) A Preliminary Full -Categorical Water Quality Management Plan (WQMP) has been conceptually approved with minor comments to incorporate into the Final WQMP Plan. Comments will be provided to the Engineer. g) A Final Full -Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the County of San Bernardino's Flood Control web page for the template and Technical Guidance Document. The Land Development Division, prior to issuance of any permit, shall approve the WQMP. A CD copy of the approved WQMP and Hydrology Study shall be required prior to grading permit issuance. h) 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. 19. Grading and Landsca in 3 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. 0 RESOLUTION NO. 2019-327 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 d) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6" high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5' deep and may overhang the landscaping or walkway by 2.5'. Overhang into the setback area or into an ADA path of travel (minimum 4' wide) is not permitted. e) 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 f)The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with an accessible path of travel. The minimum size of the refuse enclosure shall be 8 feet x 15 feet. 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) 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. h) This project is located in the high wind zone. All walls and fences shall be designed to meet current CBC requirements. All construction details shall be included on the appropriate plan. Structural calculations shall be provided for City review. 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. All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition. 10 RESOLUTION NO. 2019-327 j) 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: • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and ■ 0.25 foot-candles security lighting during all other hours. k) 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. i) An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. All accessible parking spaces shall be a minimum of 18 feet by 9 feet net. 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. m) 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. 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. 11 RESOLUTION NO. 2019-327 e) This project is located in the sewer service area maintained by the City of San Bernardino Municipal Water Department. Therefore, any necessary sewer main extension shall be designed and constructed in accordance to the requirements of SBMWD. f) An approved plumbing plan and permit from Water Department Environmental Health shall be obtained for the proposed restaurant prior to Building permit issuance. g) Utility services shall be placed underground and easements provided as required. h) All existing overhead utilities adjacent to or traversing the site on either side of the street shall be placed underground in accordance with Section 19.20.030 (non - subdivisions) or Section 19.30.110 (subdivisions) of the Development Code. i) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer. 20. Required Engineerin Pg lans a) A complete submittal for plan checking shall consist of • street improvement plans (may include street lights or street lighting may be separate plan), ■ sewer plans (Private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile), ■ storm drain plans (Private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile), ■ traffic signal plans, • 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, and structural calculations). b) All off-site improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. c) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval. 12 RESOLUTION NO. 2019-327 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. Applicable Enig veering 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 Department 23. Street Im rovement and Dedications a) (19.30.290 and 19.30-300) 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 WaAft.) Curb Line(ft) "E" Street 45' Existing 33'+ Existing (152-193-29) 5' Dedication None -Proposed "Major Arterial" (Future 36' to 40') Per General Plan 30' Street 44' Existing 32'+ Existing (152-193-29) No Dedication None Proposed "Secondary Arterial" Per General Plan b) `B" 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. 13 RESOLUTION NO. 2019-327 ii) The existing driveway fronting the site has areas of poor condition and does not comply with ADA Requirements, Replace the driveway that is cracked and does not comply with ADA. in) Driveway approach shall be constructed using City Standard No. 204, Type H, including an accessible by-pass around the top of the drive approach. iv) When replacing curb, construct 8" Curb and Gutter per City Standard No. 200, type "B" v) Club transition shall be construction starting from the northerly property line north approximately 25 long at a 5:1 or as determined by the city engineer. vi) When replacing sidewalk, construct Sidewalk per City Standard No. 202; Case "A" (6' wide adjacent to curb). vii) The sidewalk and walkways around the curb ramp shall provide a minimum of 4' clear width around existing pole, cabinet box or other obstructions. viii) If the current ADA ramp does not meet the current regulations, An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. ix) Install a city approved trash screen and filtration device in the catch basins. x) If replacing all the sidewalk then install 2-3" Conduit 36" under the sidewalk with pull rope and pull boxes for future Traffic connections. 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. 3& Street: xii)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. xin) The existing curb & gutter, and sidewalk fronting the site are in poor condition replace the broken and cracked curb & gutter. xiv) Construct Commercial Driveway Approach per City Standard No. 204, Type I1, including an accessible by-pass around the top of the drive approach. xv) When replacing curb, construct 8" Curb and Gutter per City Standard No. 200, type `B". xvi) When replacing sidewalk, construct Sidewalk per City Standard No. 202; Case "A" (6" wide adjacent to curb). xvii) Install a city approved trash screen and filtration device in the catch basins. xviii)If replacing all of sidewalk then install 2-3" Conduit 36" under the sidewalk with pull rope and pull boxes for future Traffic connections. 14 RESOLUTION NO. 2019-327 xix) 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). 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, and public storm drain shall be on a separate set of plans. e) City approved trash screens and filtration devices shall be installed in all catch basins or manhole connections. t) A temporary construction encroacbment 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. g) Permanent Encroachment requirements shall be delivered to Real Property for council approval and recording, this is an eight (8) to twelve (12) week process with deposits prior to council agendas. h) Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. i) 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. 15 RESOLUTION NO. 2019-327 j) The above conditions shall comply with current codes, policies, and standards at time of construction. 26. Required Engineerin Pg lans a) A complete submittal for plan checking shall consist of: • street improvement plans (include engineering conditions and cross sections in these plans), ■ 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), ■ 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 httv://www.sbcity.org. or ht!p://www.ci.san- bernardino.ca.us/citvhall/publicworks/engineering division/enigin�ring development_ resources/default.asp. 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 Axf 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. 16 RESOLUTION NO. 2019-327 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 or http://www.ci.san- bemardino.ca.us/cityhall/publicworks/en g division/desigp policy and proce_d_ ure documents.asp 27. R uired En 'neerin Permits a) Off-site improvement construction permits. b) Traffic Control and ROW Permits. 28. Applicable En lg��ring 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 htti)://www.sbg:bL.org or http://www.ci.san- bem.ardino.ca.us/cit hall/ ublicworks/en 'neerin division/en ineerin fee schedule.a M- 29. Traffic R uirements a) All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan approval. County of San Bernardino Consolidated Fire District 30. In addition to the Fire requirements provided, other on-site and off-site improvements may be required which cannot be determined from tentative plans at this time, and would have to be reviewed after more complete improvement plans and profiles have been submitted to the Fire Code Official. 31. Building Plans shall be submitted to the Fire Department for review and approval. 32. Commercial and industrial developments of 100,000 square feet or less shall have the street address installed on the building with numbers that are a minimum six (6) inches in height and with a three quarter (3/4) inch stroke. The street address shall be visible from the street. During hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200( feet or more from the roadway additional non - illuminated contrasting six (6) inch number shall be displayed at the property access entrances. 33. Hand portable extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department. 34. The required fire fees shall be paid to the San Bernardino County Fire Department/Community Safety Division. 17 RESOLUTION NO. 2019-327 35. Fire Hydrant Replacement. Replacement of substandard fire hydrant(s) is required along with the required fire flow. The applicant is required to provide a minimum of one new six (6) inch fire hydrant assembly with two (2) two and one half (2 1/2) inch and one four (4) inch outlet. In areas that are subject to freezing the fire hydrant shall be a Dry Barrel type and approved by the local water company. In lieu of these water improvements, fire staff may approve a residential fire sprinkler system for single family dwellings. Fire hydrants shall be installed in accordance to Fire Department. 36. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. The "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan. 37. Permission to occupy or use the building (certificate of Occupancy or shell release) will not be granted until the Fire Department inspects, approves and signs off on the Building and Safety job card for "fire final". 38. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein "Fire Department". Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable status, codes, ordinances and standards of the Fire Department. 39. Prior to building permits being issued to any new structure, the secondary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance and turnouts. 40. This standard shall apply to the design, construction and maintenance of all new fire apparatus access roads within the jurisdiction, as well as fire apparatus access roads at existing facilities when applied at the discretion of the fire code official. 41. This standard applies to the marking of all Fire Department access roadways for new construction and development. Existing roadways identified as fire access roadways or otherwise required for emergency access shall also be marked per this standard. 42. This standard applies to the marking of all buildings with address numbers for identification. 43. This standard establishes minimum requirements for fire safety during construction and demolition. This document shall not be construed to be in lieu of any other applicable State or Federal law or regulation related to construction site safety. The general contractor or other designee of the building owner shall be responsible for compliance with these standards. 44. This standard establishes minimum requirements for installation and maintenance of all private fire hydrants and appliances related to an onsite fire protection system. 45. This project is required to have an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street comer to the project. Installation of the temporary sign shall be prior any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed. 18 RESOLUTION NO. 2019-327 46. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Road surface shall meet the approval of the -Fire Chief prior to installation. All roads shall be designed to 85% compaction and/or paving and hold the weight of Fire Apparatus at a minimum of 80K pounds. 47. Prior to any land disturbance, the water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using California Fire Code. The Fire Flow for this project shall be: GPM for a hour duration at 20 psi residual operating pressure. Fire Flow is based on a square feet structure. 48. A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. Fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured along vehicular travel - ways) and no more than three hundred (300) feet from any portion of a structure. SECTION 5. Notice of Exemption: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City's compliance with the California Environmental Quality Act in 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 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 7. Effective Date. This Resolution shall become effective thirty (30) days after the date of its adaption. SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Resolution and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. 19 APPROVED and ADOPTED by the City by the City Clerk this 4th day of December 2019. Attest: Georgeann Hanga, MMC; City Clerk Approved as to form: Gary D. Saenz, City Attorney RESOLUTION NO. 2019-327 and sikngd by the Mayor and attested 441, John Valdivia, Mayor City of San Bernardino RESOLUTION NO. 2019-327 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. 2019-327, adopted at a regular meeting held on the 4th day of December 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ X MARRA FIGUEROA SHORETT NICKEL 1C RICHARD MULVIHILL WITNESS my hand and official seal of the City of San Bernardino this 4'h day of December 2019. ,cam Ge geann Hanna, C, City Clerk 21 I MO Y I ac!•IOIn1p1 �I Jul i f cc T1 uj ggoEll BBS 139899 Boo as m MOM CIO @m Romom w��� .S6•Y£ L ----- -- `--------'ems.—�sv-- ;mucs.,l. . a + + • t + + + . +� `r�r` + + • ± a:�•`a`a`. a•a- .•�`r+.��� r 1 + + + t + ++•'+•+ +++ r • rt + +++r+ ♦ • +t+t+++ • • ttta * 1 i f 111 1 + +ra*+* + t + a +•rr+`r+ +r a ♦ `a+ + t • + +++`+�++� I F• • r al oo .+•+•ate: � r e + i � � •+++a+- £ f 4 i it — • r � = IS - r• 71� ++*`r+_E ('*�+ter * G _ j+ • ++ I a+*+ ..+ • tt.T•rat+.T+ � � _ —,— �- —]} * •V��-�. + ' f�! i ;i Y .fir � `-i(� W _ v— D i I 7 l•tl" � � I -. 1.. +ram®r ate ��...- i i [still .� ( 1 bMIre. .$ 898 EOEOO©9®® :9I®®FJ®®® -_- 0- 1 1 1 1 jl i 1� 1 I 1 I „E 1� 1 r-- 1. 0- 1 1 1 1 jl i 1� 1 I 1 I „E 1� 1 Ill OMWLTBROR13M, JIM, 11111ds .......... 9 4r lJ M i t ' ............ �fc U i o ___j �� tl, !� ....•..,., 3dIrJSa�IY7Iffm Old a a 6u a 1.. 111,11, l �i !t oil, E �10 �®®moo®ooppm VA I fl I ti IA a 4t 7 a as ¢ y6y figalla 4 b 51 It 0 ,kj Pi ' It, I'lHslid 16 it iii 1 l..]K 1.� �i� 4101 i 61 �I Wl 19 40 JjMdj V z 3 � N z1 - t Kin :0 i_ ul5 z