HomeMy WebLinkAbout2019-326RESOLUTION NO. 2019-326
RESOLUTION NO. 2019-326
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA.,
APPROVING CONDITIONAL USE PERMIT 19-13 ON A
PROJECT SITE COMPRISED OF FOUR (4) PARCELS
CONTAINING A TOTAL OF APPROXIMATELY 1.20
ACRES LOCATED ON THE NORTHWEST CORNER OF
W. ]KENDALL DRIVE AND N. MOUNTAIN DRIVE (APN:
0151-201-01, 02, 03 AND 05) 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 QUALITYACT
WHEREAS, on June 3, 2019 pursuant to the requirements of Chapter 19.50 (General
Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning
Map Amendments), Chapter 19.36 (Conditional Use Permits) Section 19.06.020(J)(1)
(Development Permitted and Conditionally Permitted Uses — Retail Commercial Convenience
Stores) and Section 19.06.030(2)(T) (Development Standards — Specific Standards for
Commercial Zones — Service Stations) of the City of San Bernardino Development Code, an
application for General Plan Amendment 19-02, Development Code Amendment (Zoning Map
Amendment) 19-07 and Conditional Use Permit 19-13 was duly submitted by:
Project Applicant: Western States Engineering, Inc.
4887 E. La Palma Avenue, Suite 707
Anaheim, CA 92807
Property Owner: Ali Mousavi
2740 E. Olympic Boulevard
Los Angeles, CA 90023
APN: 0151-201-01, 02, 03 and 05
Lot Area: 1.20 acres
WHEREAS, the applicant is requesting the approval of General Plan Amendment 19-02
to change the General Plan Land Use Designation from Single -Family Residential to
Commercial and Development Code Amendment (Zoning Map Amendment) 19-07 to change
the Zoning District Classification from Residential Suburban (RS) to Commercial General (CG -
1) of a parcel containing approximately 0.12 acres (5,152 square feet); and, the approval of
Conditional Use Permit 19-13 to allow the development, establishment, and operation of a
service station with five (5) fueling pump islands, convenience store containing approximately
3,420 square feet with an Alcoholic Beverage Control Type -20 (Off -Sale Beer & Wine) License
and drive-thru express carwash containing approximately 2,418 square feet, along with the
construction of the required on-site and off-site improvements, on a project site comprised of
four (4) parcels containing a total of approximately 1.20 acres;
RESOLUTION NO. 2019-326
WHEREAS, the Planning Division of the Community and Economic Development
Department has reviewed General Plan Amendment 19-02, Development Code Amendment
(Zoning Map Amendment) 19-07 and Conditional Use Permit 19-13 for consistency with the
City of San Bernardino General Plan and compliance with the City of San Bernardino
Development Code;
WHEREAS, pursuant to requirements of Section 15060 (Preliminary Review) of the
California Environmental Quality Act (CEQA), the Planning Division of the Community and
Economic Development Department evaluated General Plan Amendment 19-02, Development
Code Amendment (Zoning Map Amendment) 19-07 and Conditional Use Permit 19-13, and
concluded that the proposed project is exempt under the CEQA Guidelines, as follows:
✓ Section 15061(b)(3) (Review for Exemption) - General Plan Amendment 19-
02 to change the General Plan Land Use Designation from Single -Family
Residential to Commercial and Development Code Amendment (Zoning Map
Amendment) 19-07 to change the Zoning District Classification from
Residential Suburban (RS) to Commercial General (CG -1) of a parcel
containing approximately 0.12 acres (5,152 square feet) (APN: 0151-201-03)
would correct a cartographic error that was made to the City of San
Bernardino General Plan Land Use Map and Zoning District Map, when they
were last updated on March 4, 2013, and would not lead to any physical
changes to the environment. This isolated, fragmented, irregularly shaped,
land locked and virtually unbuildable parcel situated between the County of
San Bernardino Flood Control right-of-way and the Commercial General
(CG -1) zone which reasonably should not have remained with a Single -
Family Residential General Plan Land Use Designation or Residential
Suburban (RS) Zoning District Classification qualifies for the "General Rule"
exemption under the CEQA Guidelines.
✓ Section 15332 (In -Fill Development Projects) - With the concurrent approval
of General Plan Amendment 19-02 and Development Code Amendment
(Zoning Map Amendment) 19-07, Conditional Use Permit 19-13 is
categorically exempt due to the fact that: (a) the project is consistent with the
applicable general plan designation and all applicable general plan policies as
well as with applicable zoning designation and regulations; (b) the proposed
development occurs within city limits on a project site of no more than five
(5) acres substantially surrounded by urban uses; (c) the project site has no
value as habitat for endangered, rare or threatened species; (d) approval of the
project would not result in any significant effects relating to traffic, noise, air
quality, or water quality; and, (e) the site can be adequately served by all
required utilities and public services;
WHEREAS, on October 8, 2019, pursuant to the requirements of Section 19.52.040
(Hearings and Appeals — Hearing Procedures) 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 General Plan Amendment 19-02,
Development Code Amendment (Zoning Map Amendment) 19-07 and Conditional Use Permit
19-13;
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RESOLUTION NO. 2019-326
WHEREAS, on October 8, 2019, during said duly public hearing, after public testimony
and deliberation among the Planning Commissioners, Commissioner Jaramillo made a motion to
adopt Resolution No. 2019-047 forwarding a recommendation to the Mayor and City Council
recommending approval of General Plan Amendment 19-02, Development Code Amendment
(Zoning Map Amendment) 19-07 and Conditional Use Permit 19-13, and Commissioner Quiel
seconded the motion;
WHEREAS, the motion carried by the following vote:
Ayes: Chang, Guerrero, Jaramillo, Jones, Lopez, Quiel, Sanchez, and
Woolbert
Nays: None
Abstain: None
Absent: Liang
WHEREAS, notice of the December 4, 2019 public hearing for the Mayor and City
Council's consideration of the proposed Resolution for General Plan Amendment 19-02,
Development Code Amendment (Zoning Map Amendment) 19-07 and Conditional Use Permit
19-13 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
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals),
Chapter 19.50, Chapter 19.42, Chapter 19.74, Chapter 19.36, Section 19.06.020(J)(1) and
Section 19.06.030(2)(7) of the City of San Bernardino Development Code, the Mayor and City
Council has the authority to take action on General Plan Amendment 19-02, Development Code
Amendment (Zoning Map Amendment) 19-07 and Conditional Use Permit 19-13.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein.
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 General Plan Amendment 19-02,
Development Code Amendment (Zoning Map Amendment) 19-07 and Conditional Use Permit
19-13. 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 15061(b)(3) (Review for Exemption) and Section
15332 (In -Fill Development Projects) of the CEQA Guidelines;
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RESOLUTION NO. 2019-326
(3) The application of the categorical exemptions 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
Mayor and City Council.
SECTION 3. Finding of Facts -_Conditional Use _Permit _19-13
Finding No. 1: The proposed use is conditionally permitted within, and would not impair
the integrity and character of the subject zone and complies with all of the
applicable provisions of this Development Code
Finding of Fact: With the concurrent approval of General Plan Amendment 19-02 and
Development Code Amendment (Zoning Map Amendment) 19-07, the
proposed development of a service station, convenience store, drive-thru
express carwash is a permitted use within the Commercial General (CG -1)
Zone and Transit District (TD) Overlay, subject to the approval of a
Conditional Use Permit with the appropriate Conditions of Approval and
CEQA determination. The proposal under. Conditional Use Permit 19-13
will be developed in compliance with all of the applicable provisions of
the City of. San Bernardino Development Code, including development
standards and applicable design guidelines.
Finding No. 2: The proposed use is consistent with the General Plan.
Finding of Fact: Conditional Use Permit 19-13 is consistent with the following General
Plan goals and policies:
✓ General Plan 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.
✓ General Plan Land Use Element Goal 2.4: Enhance the quality of
life and economic vitality in San Bernardino by strategic in -fill of
new development and revitalization of existing development.
✓ Land Use Element Policy 2.2.9: Require Police Department review
of uses that may be characterized by high levels of noise, nighttime
patronage, and/or rates of crime; providing for the conditioning or
control of use to prevent adverse impacts on adjacent residences,
schools, religious facilities, and similar "sensitive" uses.
✓ General Plan, Community Desi Element Goal_ 5.4: Ensure
individual projects are well designed and maintained.
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RESOLUTION NO. 2019-326
✓ General Plan Circulation Element Policy 6.9.1: Ensure that
developments provide an adequate supply of parking to meet its
needs either on-site or within close proximity.
The proposed project implements the abovementioned General Plan
policies in that the proposed development includes a new commercial
buildings with high-quality treatments which are compatible with other
commercial retail and service uses within the surrounding area. Therefore,
the proposed project would be compatible with surrounding land uses and
consistent with the City's General Plan.
Finding No. 3: The approval of the Conditional Use Permit for the proposed use 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 proposed development of a service station, convenience store, drive-
thru express carwash will be harmonious and compatible with existing and
future developments within the Commercial General (CG -1) Zone and the
Transit District (TD) Overlay. The surrounding area consists of a mixture
of residential and commercial uses. Appropriate Conditions of Approval
have been imposed on the proposed development to ensure that the
surrounding neighborhood will not be negatively impacted. The scale and
density of the proposed development conforms to the development
standards of the Commercial General (CG -1) Zone and Transit District
(TD) Overlay. Since the proposal is consistent with both the City's
General Plan and Development Code, no land use conflict is expected to
result from construction of the proposed project.
Finding No. 4: There will be no potentially significant negative impacts upon
environmental quality and natural resources that could not be properly
mitigated and monitored.
Finding of Fact: In accordance with §15060 of the California Environmental Quality Act
(CEQA), the Planning Division conducted an environmental evaluation in
connection with proposed General Plan Amendment 19-02, Development
Code Amendment (Zoning Map Amendment) 19-07 and Conditional Use
Permit 19-13 and concluded that proposed project is categorically exempt
from the requirements of the California Environmental Quality Act
pursuant to Section 15061(b)(3) (Review for Exemption) and Section
15332 (In -Fill Development Projects) of the CEQA Guidelines finding
that there will be no potentially significant negative impacts upon
environmental quality and natural resources.
Finding No. 5: The location, size, design, and operating characteristics of the proposed
use are compatible with the existing and future land uses within the
general area in which the proposed use is to be located and will not create
significant noise, traffic or other conditions or situations that may be
objectionable or detrimental to other permitted uses in the vicinity or
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RESOLUTION NO. 2019-326
adverse to the public interest, health, safety, convenience, or welfare of the
City.
Finding of Fact: The design of the proposed project is in compliance with the requirements
of the City of San Bernardino Development Code that are applicable to
location, height and setbacks for proposed development of the service
station, convenience store and drive-thru express carwash. Therefore, the
design of the project will ensure that the project will not create any
significant noise, traffic, or other conditions that would be detrimental or
objectionable to other uses in the vicinity or adverse to the public health,
safety, convenience, or welfare of the City. Additionally, appropriate
Conditions of Approval have been imposed to alleviate any potential
impacts.
Finding No. 6: The subject site is physically suitable for the type and density/intensity of
use being proposed.
Finding of Fact: With the concurrent approval of General Plan Amendment 19-02 and
Development Code Amendment (Zoning Map Amendment) 19-07, the
proposed development with a service station, convenience store and drive-
thru express carwash is permitted within the Commercial General (CG -1)
Zone and Transit District (TD) Overlay, subject to the approval of a
Conditional Use Permit with the appropriate Conditions of Approval and
CEQA determination. The subject site is sufficient in size to accommodate
the proposal under Conditional Use Permit 19-13 as required by the City
of San Bernardino Development Code. Therefore, the subject site is
physically suitable for the proposal.
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 service station, convenience store and drive-thru
express carwash. The existing site is located on parcels 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 development under
Conditional Use Permit 19-13 will not be detrimental to public services or
public health and safety.
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RESOLUTION NO. 2019-326
SECTION 4. Finding of Facts — Conditions of Approval
1. This approval is to allow the development, establishment, and operation of a service station
with five (5) fueling pump islands, a convenience store containing approximately 3,420
square feet with an Alcoholic Beverage Control Type -20 (Off -Sale Beer & Wine) License
and a drive-thru express carwash containing approximately 2,418 square feet, along with the
construction of the required on-site and off-site improvements, on a project site comprised of
four (4) parcels containing a total of approximately 1.20 acres. The project site is located on
the northwest comer of W. Kendall Drive and N. Mountain Drive (APN: 0151-201-01, 02,
03 and 05) 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 "N'), approved by the City, which includes a site plan, floor
plans, exterior elevations, and concept landscaping plan on file in the Planning Division; the
Conditions of Approval contained herein; and, the City's Municipal Code regulations.
3. Within two (2) years of the Conditional Use Permit approval, commencement of construction
shall have occurred or the permit/approval shall become null and void. In addition, if after
commencement of construction, work is discontinued for a period of one year, then the
permit/approval shall become null and void. However, approval of the Conditional Use
Permit does not authorize commencement of construction. All necessary permits must be
obtained prior to commencement of specified construction activities included in the
Conditions of Approval.
EXPIRATION DATE: December 4, 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 cooperate fully in the defense of this matter. Once
notified, the applicant agrees to defend, indemnify and hold harmless the City of San
Bernardino (City), any departments, agencies, divisions, boards or commission of the City as
well as predecessors, successors, assigns, agents, directors, elected officials, officers,
employees, representatives and attorneys of the City from any claim, action or proceeding
against any of the foregoing persons or entities. The applicant further agrees to reimburse the
City for any costs and attorneys' fees, which the City may be required by a court to pay as a
result of such action, but such participation shall not relieve applicant of his or her obligation
under this condition. The costs, salaries, and expenses of the City Attorney and employees of
his office shall be considered as "Attorney's fees" for the purpose of this condition. As part
of the consideration for issuing this Conditional Use Permit, this condition shall remain in
effect if the Conditional Use Permit is rescinded or revoked, whether or not at the request of
applicant.
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RESOLUTION NO. 2019-326
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 commencement
of work.
8. 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, and to maintain a pedestrian friendly access to the site.
9. 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.
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 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.
13. 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.
14. 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.
15. 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.
16. 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. 2019-326
17. Every six (6) months, over a period of two (2) years from the issuance of the Certificate of
Occupancy, the Planning Division shall conduct an inspection of the business operations and
property to ensure compliance with the Conditions of Approval to the satisfaction of the
Community Development Director. In the event that an unresolved issue continues to exist,
the applicant shall submit an application, and appropriate application fee, for reconsideration
by the Planning Commission.
Police Department
18. Adequate Lighting. The parking lot of the premises shall be equipped with lighting of
sufficient power to illuminate and make easily discernible the appearance and conduct of all
persons on or about the parking lot and exterior of the premises. Additionally, lights shall be
installed and shall operate on each side of the exterior of the building. The position of all
such lighting shall not disturb the normal privacy and use of any neighboring residences.
These lights shall be maintained in good working order and shall remain on during darkness
anytime the establishment is open.
19. Ca aci . The venue capacity established for the premises by the San Bernardino County Fire
Department shall not be exceeded at any time.
20. Complaints. A "complaint response community relations" program will be established and
maintained by the owner. This program will include the following:
a. Posting a permanent sign at the entry of the establishment listing the telephone
number for the San Bernardino Police Department.
b. Coordinating efforts with the Police Department to monitor community complaints
about the activities of the establishment.
c. Having a representative of the establishment reasonably available to meet with
neighbors or the applicable neighborhood association on a regular basis or at their
request to resolve any neighborhood complaints regarding the establishment.
21. Compliance with Law. The owners, managers, renters, and every other person in charge of
the premises or any event thereon must comply with all City, County, and State building,
fire, zoning, and health regulations; all State and local noise and nuisance laws and
ordinances; and all provisions of California law, the San Bernardino Municipal Code, and the
San Bernardino City Charter.
22. DBLg Paraphernalia: The sale of drug/tobacco paraphernalia products as defined in Health
and Safety Code sections 11014.5 and 11364.5 shall be prohibited. "Drug Paraphernalia"
means all equipment, products and materials of any kind that are used, intended for use or
designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting, ingesting; inhaling or otherwise
introducing into the human body a controlled substance in violation of the California
Uniform Controlled Substances Act commencing with California Health and Safety Code
section 11000.
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RESOLUTION NO. 2019-326
23. Exterior Signage. The following signs shall be required to be prominently posted in a readily
visible manner on an exterior wall or fixture on each side of the building (not on windows) in
English, Spanish and the predominant language of the patrons: "No Loitering," "No
Drinking," "No panhandling or soliciting," and "It is illegal to possess an open container of
alcohol in the vicinity of this establishment."
24. Extraordinary Law Enforcement Services. The owner shall be responsible for reimbursement
costs to the City of San Bernardino for `Extraordinary" police services on the premises.
Extraordinary police services are those defined under San Bernardino Municipal Code
Section 8.82.010.
25. Graffiti. Any graffiti painted, drawn, marked, etched, or otherwise placed upon the premises
or on any area under the control of the owner shall be removed or painted over within 48
hours.
26. Information to Police Department. Upon demand, the owner, lessee, manager, and employees
must make available to any police official the current names and addresses of persons who
are in the management or operation of the establishment. Additionally, the owner shall keep
copies. of all permits and licenses issued to the establishment readily available for inspection
at the premises upon demand by any police official.
27. Interior Signage. The following signs shall be required -to be prominently posted in a readily
visible manner on an interior wall or fixture (not on windows) in English, Spanish and the
predominant language of the patrons: "California State Law prohibits the sale of alcoholic
beverages to persons under 21 years of age."
28. Litter. The premises, parking lots, any area adjacent to the premises over which the owner of
the establishment has control, and any area adjacent to the premises occupied or used by the
establishment's patrons shall be kept free of litter and debris. These areas shall be cleaned of
any litter upon the close of business each day. The owner shall be responsible for the posting
of signs prohibiting litter around the exterior of the premises and in adjacent parking areas.
29. Loiterin . The establishment's owner, manager, employees, and security officers shall be
required to discourage loiterers and ask persons loitering longer than fifteen (15) minutes to
leave the area and contact the Police Department for enforcement of applicable trespassing
and loitering laws if persons requested to leave fail to do so.
30. Noise. No music or other noise originating from the premises may extend beyond the
property boundaries of the establishment.
31. Posting. A copy of these conditions for approval, any applicable ABC or City operating
conditions, and any training requirements shall be posted in at least one prominent place
within the interior of the establishment where it will be readily visible and legible to the
employees and patrons of the establishment.
32. Prohibited Ve egetation. Exterior vegetation shall not be planted, maintained, or allowed to
grow on the premises that could be used as a hiding place for persons. Exterior vegetation
shall be planted and maintained in a manner that minimizes its use as a hiding place.
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RESOLUTION NO. 2019-326
33. Public Phones. If public telephones are installed on the premises, they shall be installed in
well -lighted locations and programmed for outgoing calls only.
34. Window Obstructions. No more than 25% of windows or clear doors shall bear advertising of
any sort, and all advertising signage shall be placed and maintained in a manner that ensures
that law enforcement personnel have a clear and obstructed view of the interior of the
premises, including the area in which the cash registers are maintained, from the exterior
public sidewalk or entrance.
35. Hours of Operation. Although the convenience store will be open 24 hours per day, seven
days per week, the sale of alcohol shall be permitted only between the hours of 6:00 a.m. and
2:00 a.m. daily.
36. Mitigating Alcohol -Related Problems. Whenever alcohol is sold, furnished, or consumed on
the premises, the establishment shall be required to mitigate alcohol-related problems that
negatively impact those individuals living or working in the neighborhood and surrounding
community. To that end, the following conditions relating to alcohol shall be imposed:
a. No alcohol sales are permitted inside or outside the premises without a license issued
by the California Department of Alcoholic Beverage Control.
b. No alcohol will be sold or furnished to minors (anyone under the age of 21).
c. No alcohol may be sold at any time to any patron appearing to be intoxicated.
d. N No wine sales shall be permitted in bottle or containers of less than750 milliliters,
unless sold in manufacturer multi -packs of no less than 4 pack quantities.
e. N No malt beverage products shall be sold with an alcohol content greater than five
and one half percent by volume.
f. N The sale of wine with an alcoholic content greater than 14 percent by volume shall
be prohibited unless in corked bottles and aged at least two (2) years.
g. N Beer or malt liquor sold individually in containers of 40 ounces or less shall be
prohibited.
h. N No containers of beer or malt liquor shall be sold which are not in their original
factory packages of 6 or greater.
i. N No cooler products, either wine or malt beverage based, shall be sold in less than
4 pack quantities.
j. No persons shall be permitted to congregate outside the building or in the parking lots
or other areas under the control of the owner and/or lessee.
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RESOLUTION NO. 2019-326
k. No violence, drunkenness, public urination, solicitation, drug dealing, drug use, loud
noise or litter shall be allowed on the premises, in the parking lots, on the streets
surrounding the premises, in any area controlled by the owner of the premises and/or
lessee or in any area occupied or used by patrons of the premises.
1. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises or under the control of the licensee with the exception of other
establishments licensed by the California Department of Alcoholic Beverage Control.
No alcoholic beverages shall be consumed along the exterior of the establishment, in
any parking area, or on any adjacent city street or alleyway.
m. The owners and all employees of establishments involved in the sale of alcoholic
beverages complete an approved course in Licensee Education on Alcohol and Drugs
(LEAD), or other "Responsible Beverage Service" (RBS) training with sixty (60)
days of the Conditional Use Permit 18-01 and Public Convenience or Necessity Letter
18-01_approval, or within sixty (60) days of hire for employees hired after that date.
To satisfy this requirement, the RBS course must be recognized by the California
Department of Alcoholic Beverage Control. The RBS course shall include at a
minimum the following: a review of ABC laws and regulations; administrative,
criminal and civil liabilities; acceptable forms of identification; and how to identify
minors and persons already intoxicated. The establishment may elect to send only
supervisory employees to the RBS training, who would then be responsible for
training all employees who are involved in the sale of alcoholic beverages.
37. Security_ Cameras. If security cameras are installed on the premises, all criminal and
suspicious activities recorded by or viewed on such surveillance equipment must be reported
to local law enforcement. To the extent allowed by law, the establishment owner, manager,
and employees are required to provide any footage, tapes, or other recording media from the
security cameras to the Police Department. Number of cameras needed: at least two (2) 24
hour time la se security cameras.
Land Development Division
38. DrainaLye and Flood Control
a. All necessary drainage and flood control measures shall be subject to requirements of
the Land Development Division, which may be based in part on the recommendations
of the San Bernardino County Flood Control Department. The developer's Engineer
shall furnish all necessary data relating to drainage and flood control.
b. A permit will be required from the San Bernardino County Flood Control
Department, if any work is required within the Flood Control District's right-of-way.
c. 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.
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RESOLUTION NO. 2019-326
d. The development is located within Zone X (shaded) on the Federal Insurance Rate
Maps on booklet #06071C7945H with year 08/28/2008 and may be subject to sheet
overflow to a depth of less than 1 foot in a 100 -year storm. Therefore, all building
pads shall be raised above the surrounding area as approved by the City Engineer.
e. All drainage from the development shall be directed to an approved public drainage
facility. If not feasible, proper drainage facilities and easements shall be provided to
the satisfaction of the City Engineer.
f. If site drainage is to be outlet into the public street, the drainage shall be conveyed
through a parkway culvert constructed in accordance with City Standard No. 400.
Conveyance of site drainage over the Driveway approaches will not be permitted.
g. A six (6) foot decorative black wall shall be constructed on along the northerly
property line. The developer shall work with San Bernardino County Flood Control to
determine any additional requirements for construction along the Devil Creek
Channel.
h. An approved Preliminary Full -Categorical Water Quality Management Plan (WQMP)
shall be required before moving to planning commission. The applicant is directed to
the County of San Bernardino's Flood Control web page for the template and
Technical Guidance Document.
i. 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.
j. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is
directed to State Water Resources Control Board (SWRCB) SMART Login system.
The SWPPP shall be approved by the State and a CD copy of the approved SWPPP
shall be submitted to City prior to grading permit issuance.
k. A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control
Board for construction disturbing 1 acre or more of land (including the project area,
construction yards, storage areas, etc.). A WDID number issued by the State of
California is required prior to the issuance of grading permit.
1. All contaminated drainage from spills in the vicinity of the fuel dispensers shall be
contained in a tank on-site and properly disposed of by hauling to an approved
contaminated waste disposal facility. Contaminated drainage shall not be discharged
into the City streets or storm drain system.
in. 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.
13
RESOLUTION NO. 2019-326
39. Grading and Landscaping
a. The grading and on-site improvement plan shall be signed by a Registered Civil
Engineer and a grading permit will be required. The grading plan shall be prepared in
strict accordance with the City's "Grading Policies and Procedures" and the City's
"Standard Drawings", unless otherwise approved by the Building Official.
b. If more than 5,000 cubic yards of earthwork is proposed, the grading shall be
supervised in accordance with Section 3317.2 of the California Building Code.
c. The applicant must post a grading bond prior to issuance of a grading permit. The
amount of the bond is to be determined by the Land Development Division.
d. 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.
e. 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.
f. Wheel stops are not permitted by the Development Code, except at designated
accessible parking spaces. Therefore, continuous 6" high curb shall be used around
planter areas and areas where head in parking is adjacent to walkways. The parking
spaces may be 16.5' deep and may overhang the landscaping or walkway by 2.5'.
Overhang into the setback area or into an ADA path of travel (minimum 4' wide) is
not permitted.
g. This project is located in the "High Wind Area." Therefore, all free standing walls
and fences shall be designed for a minimum basic UBC wind speed of 130 miles per
hour, unless a lower value is approved by the Building Official.
h. 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.
i. The refuse enclosure(s) shall be constructed in accordance with City Standard
Drawing No. 508 with an accessible path of travel. The minimum size of the refuse
enclosure shall be 8 feet x 15 feet for bins storage area. Where a refuse enclosure is
proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3'
wide by 6 " high concrete planter shall be provided to separate the enclosure from the
adjacent parking. The placement of the enclosure and design of the planter shall
preclude the enclosure doors from opening into drive aisles or impacting against
adjacent parked cars.
j. 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.
14
RESOLUTION NO. 2019-326
k. 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.
1. 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.
in. The Drive-through lane and the parking area adjacent to the building shall be
constructed of PCC concrete pavement.
n. 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
n 0.25 foot-candles security lighting during all other hours.
o. 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.
p. 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.
q. A Lot Merger is required for this project. The applicant is directed to the City's web
page at w_ ww.sbcity.org— Departments — Public Works — Submittal Requirements for
submittal requirements.
r. 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.
s. 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.
t. 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.
15
RESOLUTION NO. 2019-326
u. All electrical transformers located outdoors on the site, shall be screened from view
with a solid wall or landscaping and shall not be located in any setback/right-of-way
area. If the transformer cannot be screened, it shall be located in an underground
vault unless approved by the City Engineer pursuant to Section 19.30.110.
40. 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. A permit from Water Department Environmental Health shall be obtained for the
proposed car wash prior to Building permit issuance.
c. 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.
d. Backflow preventers shall be installed for any building with the finished floor
elevation below the rim elevation of the nearest upstream manhole.
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. Connection to the 24" sewer main shall be approved by the Water Department prior
to Building Permit issuance.
g. Utility services shall be placed underground and easements provided as required.
h. 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.
41. Required En ineerm Pg laps
a. A complete submittal for plan checking shall consist of-
street
f
street improvement plans (may include street lights or street lighting may be
separate plan),
sewer plans (Private sewers may be shown on on-site improvement plan; public
sewers must be on a separate plan with profile submitted to SBMWD),
■ storm drain plans (Private storm drains may be shown on on-site improvement
plans; public storm drains must be on a separate plan with profile),
■ traffic signal plans,
■ 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,
16
RESOLUTION NO. 2019-326
■ water plans (shall be submitted to San Bernardino Municipal Water Department),
■ landscaping and irrigation in the Landscape and Lighting Maintenance District,
and
■ other plans as required. Piecemeal submittal of various types of plans for the
same project will not be allowed.
® All required supporting calculations, studies and reports must be included in the
initial submittal (including but not limited to drainage studies, soils reports,
structural calculations)
b. All off-site improvement plans submitted for plan check shall be prepared on the
City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer
or his designee shall be provided.
c. After completion of plan checking, final mylar drawings, stamped and signed by the
Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or
Building Official for approval.
d. Copies of the City's design policies and procedures and standard drawings are
available at the Public Works Counter for the cost of reproduction. They are also
available at no charge at the Public Works Web Site at http://www.sbcity.org
42. 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.
43. 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
hiLtp://www.sbcibL.
44. 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:
17
RESOLUTION NO. 2019-326
Street Name
Right of Way(ft.)
From Centerline
Curb Lineft
From Centerline
Kendall Drive
40' Existing
38'± Existing
(151-201-01, 151-201-02
10' Dedication
Edge of pavement
151-201-03, 151-201-05)
"Major Arterial"
40' proposed to match
adjacent properties
Mountain Drive
30' Existing
14'± Existing edge of
(151-201-01, 151-201-02
14' Dedication
pavement
151-201-03,151-201-05)
"Secondary Arterial"
32' Required
Per General Plan
b. Kendall Drive:
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. For transitioning from new curb alignment to existing edge of pavement
outside project limits the edge shall be a deepened or thickened for
commercial, industrial areas. Use Caltrans Design Manual or A Policy on
Geometric Design of Highways and Streets for taper requirements.
iii. The corner shall be a 35' Radius including a compliant ADA ramp with By -
Pass and Truncated Domes.
iv. Construct Commercial Driveway Approach per City Standard No. 204, Type
II, including an accessible by-pass around the top of the drive approach.
V. Construct 8" Curb and Gutter per City Standard No. 200, type `B".
vi. Construct 6' wide Cross Gutter with Apron per City Standard No 201.
vii. Construct Sidewalk per City Standard No. 202; Case "A" (6' wide adjacent to
curb).
viii. 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 LED Street Lights System adjacent to the site in accordance with City
Standard No's. SL -1, SL -2, and SL -3. Also, a separate light plan shall be
submitted in accordance with the City of San Bernardino Street Lighting
Design Policies.
X. 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
18
RESOLUTION NO. 2019-326
accordance to California Land Surveyors Association — Monument
Preservation Guidelines.
Mountain Drive:
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 standard for new streets (4" AC over 8" Base); However the
Soils Report may indicate a thicker or different improvement.
xin. For transitioning from new curb alignment to existing edge of pavement
outside project limits the edge shall be a deepened or thickened for
commercial, industrial areas. Use Caltrans Design Manual or A Policy on
Geometric Design of Highways and Streets for taper requirements.
xiv. The corner shall be a 35' Radius including a compliant ADA ramp with By -
Pass and Truncated Domes.
xv. Construct Commercial Driveway Approach per City Standard No. 204, Type
11, including an accessible by-pass around the top of the drive approach.
xvi. Construct 8" Curb and Gutter per City Standard No. 200, type `B".
xvii. Construct 6' wide Cross Gutter with Apron per City Standard No 201.
xviii. Construct Sidewalk per City Standard No. 202; Case "A" (6' wide adjacent to
curb).
xix. Install LED Street Lights System adjacent to the site in accordance with City
Standard No's. SL -1, SL -2, and SL -3. Also, a separate light plan shall be
submitted in accordance with the City of San Bernardino Street Lighting
Design Policies
xx. Install 2-3" Conduit 36" under the sidewalk with pull rope and pull boxes for
future Traffic connections.
xxi. 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).
M
RESOLUTION NO. 2019-326
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. 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.
£ 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, policies, and standards at time
of construction.
45. Required Engineering Plans
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),
RESOLUTION NO. 2019-326
■ 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. or http://www.ci.san-
bernardino.ca..us/cityhall/publicworks/engineering division/eni� 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 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.sbpity.org or
http://www.ci.san-
bernardino.ca.us/cit hall/ ublicworks/en 'neerin r division/design policy and )roce
dure_documents.asn
46. Required Engineering Permits
a. Off-site improvement construction permits.
b. Traffic Control and ROW Permits.
47. Applicable Engineering Fees
a. All plan check, permit, inspection, and impact fees are outlined on the Public Works
Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for
each set of plans will be required at time of application for plan check. The amount
of the fee is subject to adjustment if the construction cost estimate varies more than
10% from the estimate submitted with the application for plan checking.
b. The current fee schedule is available at the Public Works Counter and at
http://www.sbcity.org or http://www.ci.san-
bemardino.ca.us/cityhall/ ublicworks/en 'neerin division/eni4neering fee schedul
e.asp.
21
RESOLUTION NO. 2019-326
48. 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.
Building and Safety Division
49. This is a formal submittal to the building Division and shall include all required documents,
which includes a soils report, when determined to be required.
50. Address the requirements of the California Green Code 2016 for all debris. Check the VOC
forms per code.
51. Check Chapter 3 of the California Building Code for the Occupancy Requirements and
Chapter 4 for the Special Use Requirements.
52. As a reminder the Building Department submittal is separate from the Fire Department.
Please show location of all existing hydrants.
53. Refer to Chapter 11 B of the California Building Code 2016 for ADA Requirements.
54. Refer to Section 105 Permits for all required permits of the California Building Code 2016.
San Bernardino County Consolidated Fire District
55. In addition to the Fire requirements stated herein, other onsite and offsite 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 this
office.
56. Building plans shall be submitted to the Fire Department for review and approval.
57. Commercial and industrial developments of 100,000 sq. ft 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 the 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 numbers shall be displayed at the property access
entrances.
58. Hand portable fire extinguishers are required. The location, type, and cabinet design shall be
approved by the Fire Department.
59. The required fire fees shall be paid to the San Bernardino County Fire
Department/Community Safety Division.
22
RESOLUTION NO. 2019-326
60. 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.
61. 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.
62. 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."
63. 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.
64. The applicant shall install Fire Department approved material identification placards on the
outside of all buildings and/or storage tanks that store or plan to store hazardous or
flammable materials in all locations deemed appropriate by the Fire Department. Additional
placards shall be required inside the buildings when chemicals are segregated into separate
areas. Any business with an N.F.P.A. 704 rating of 2-3-3 or above shall be required to install
an approved key box vault on the premises, which shall contain business access keys and a
business plan.
65. Construction permits, including Fire Condition Letters, shall automatically expire and
become invalid unless the work authorized by such permit is commenced within 180 days
after its issuance, or if the work authorized by such permit is suspended or abandoned for a
period of 180 days after the time the work is commenced. Suspension or abandonment shall
mean that no inspection by the Department has occurred with 180 days of any previous
inspection. After a construction permit or Fire Condition Letter, becomes invalid and before
such previously approved work recommences, a new permit shall be first obtained and the
fee to recommence work shall be one-half the fee for the new permit for such work, provided
no changes have been made or will be made in the original construction documents for such
work, and provided further that such suspension or abandonment has not exceeded one year.
A request to extend the Fire Condition Letter or Permit may be made in writing PRIOR TO
the expiration date justifying the reason that the Fire Condition Letter should be extended.
66. 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.
23
RESOLUTION NO. 2019-326
67. Solar / Photovoltaic System Plans. Plans shall be submitted online through EZOP to the Fire
Department for review and approval. Plans must be submitted and approved prior to
Conditional Compliance Release of Building.
68. This project is required to have an approved street sign (temporary or permanent). The street
sign shall be installed on the nearest street corner 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.
69. 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.
70. 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.
71. The applicant shall provide the Fire Department with a letter from the serving water
company, certifying that the required water improvements have been made or that the
existing fire hydrants and water system will meet distance and fire flow requirements. Fire
flow water supply shall be in place prior to placing combustible materials on the job site.
72. 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.
73. Standard A-1 FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND
MAINTENANCE. 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.
74. Standard A-2 FIRE APPARATUS ACCESS ROAD DESIGNATION AND MARKING. 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.
75. Standard B-1 PREMISE AND BUILDING IDENTIFICATION AND ADDRESSING. This
standard applies to the marking of all buildings with address numbers for identification.
76. Standard B-2 CONSTRUCTION SITE TIRE SAFETY. 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.
24
RESOLUTION NO. 2019-326
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 adoption.
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. �.
APPROVED and ADOPTED by the City
by the City Clerk this 4fll day of December 2019.V % %
Attest
- 4 n_ f
Georgeann jja a; MMC, C y Clerk
Approved as to form:
Gary D. Saenz, City Attorney
25
and by the Mayor and attested
John Valdivia, Mayor
City of San Bernardino
RESOLUTION NO. 2019-326
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. 2019-326, adopted at a regular meeting held on the a day of December 2019 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ u
IBARRA X
FIGUEROA X
SHORETT
X
NICKEL
it
RICHARD
x
MULVIHILL_
WITNESS my hand and official seal of the City of San Bernardino this 40' day of December
2019.
G geann Hannk. MMC, City Clerk
26
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