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HomeMy WebLinkAboutItem No. 01 - Amendment Conditions to 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) Page 1 Public Hearing City of San Bernardino Request for Council Action Date: April 1, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Per Recommendation It is recommended that the Mayor and City Council conduct a Public Hearing and adopt Resolution No. 2020-53 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type -D 16-26 amending Condition of Approval No. 9 relating to the landscape medians for the project located at 1494 S. Waterman Avenue (APN: 0141-421-14, 18, 19 and 20; and, 0141-431-17 and 18) within the Industrial Light (IL) zone; and, finding the project subject to a Categorical Exemption under the California Environmental Quality Act (Attachment 1). Background On August 13, 2019, by unanimous vote, the Planning Commission adopted Resolution No. 2019-054 forwarding a recommendation to the Mayor and City Council supporting the approval of Amendment to Conditions 19-06 to amend Condition of Approval No. 9 relating to the landscape medians for the project (Attachment 2). In October 2019, the Mayor and City Council were presented with a Public Hearing item to consider the amendment to Conditions 19 -06 for Subdivision 16-08 (Tentative Parcel Map 19814). The amendment proposed to update Conditions 19-06 to require formation of a community facilities district (CFD), rather than the landscape maintenance district (LMD) originally conditioned. The CFD structure allows for a broader range of infrastructure improvements to be financially supported through ongoing property assessments, whereas, the LMD is limited to supporting maintenance of landscape amenities only. At the direction of the Mayor and City Council, the Public Hearing item was tabled. At this time, all requirements of Conditions 19-06 have been met by the applicant with the exception of the formation of a landscape maintenance district. Staff is recommending that the Mayor and City Council reconsider adoption of a resolution to amend Conditions 19-06, conditioning the property owner to provide long-term maintenance support through a CFD rather than an LMD. The applicant is also in support of this change, and previously deposited funds with the City in an amount 6664 Page 2 sufficient to cover all costs of annexation into existing CFD No. 2019-1 (Maintenance Services). CFD verses an LMD Staff believes it’s in the best interest of the City to amend the conditions and annex to CFD No. 2019-1 at the applicant/developer’s expense to assure proper maintenance over the long-term. This is consistent with other development projects throughout the City. CFD verses LMD: 1. CFDs and LMDs are similar in that they both: Use an applied benefit nexus methodology to determine property assessment amounts; Provide an ongoing source of funding for maintenance, repair and future replacement of public improvements; Require a vote of the property owners for formation (and for annexation into CFDs; and Levy property owners annually for costs of services provided 2. However, there are generally two major differences in the maintenance funding capacities between the methodologies: LMDs require that a “general benefit” cost be factored in and supported by a funding source other than the assessment district. CFDs do not have this requirement. General benefit costs for LMDs are determined as a percentage of maintenance costs for public improvements that provide benefit to the general public. The general benefit percentage is determined based on the traffic circulation for the various street classifications where the public improvements exist in the district boundary. The percentage of general benefit ranges from 5% to 15% of maintenance costs. 3. CFDs allow for a broader range of facilities and services to be supported through assessments. LMDs have statutory limitations on what they can pay for. LMDs are generally restricted to only allow assessments for costs to maintain public improvements that provide a direct and special benefit to the property owner (i.e., landscaping and streetlighting). In contrast, CFDs can be developed to support services such as traffic signal maintenance, street maintenance, parks and trails maintenance, and drainage facilities in addition to lighting and landscape. CFDs also allow for separate special tax zones to be created and assessed as the need arises. For example, the City develop a special tax zone within a CFD as a proactive measure to ensure funds are available if a property owners association fails to perform their designated maintenance responsibilities in public areas. Without this flexibility, the City would possibly find itself in a position of having to perform the maintenance itself and funding the work through general fund or other City resources. 6664 Page 3 4. The City has 69 LMDs and two (2) CFDs that support public services, one for ongoing maintenance of public improvements and a second for public safety services. Currently, the City’s general fund supplements approximately $120,000 annually for the general benefit portion of the existing LM Ds. This amount will not go away, but would likely increase if additional LMDs are formed. 5. The CFD structure allows for a broader range of infrastructure improvement services to be financially supported through ongoing property assessments, whereas, the LMD is limited to supporting maintenance of landscape amenities only. 6. In recent years, the City has shifted to the use of CFDs instead of LMDs because at CFD: o Allows for a broader range of assets to be maintained through the assessments; o Eliminates the need to expend additional General Fund dollars to support the “general benefit” costs required through LMDs. Discussion On December 6, 2017, the Mayor and City Council approved Subdivision 16 -08 (Tentative Parcel Map 19814) allowing the consolidation of six (6) parcels containing a total of approximately 62.02 acres into two (2) parcels and Development Permit Type -D 16-26 allowing the development, establishment and operation of an industrial logistics warehouse building containing approximately 1,065,000 square feet. In order to enhance the aesthetic streetscape within the vicinity of the project, the approval of this project included a condition to address the existing landscape medians along S. Waterman Avenue from E. Hospitality Lane north t o E. Norman Avenue and along E. Orange Show Road from S. E Street to bridge over the Santa Ana River. This condition was intended to require the installation of landscaping improvements and to ensure long-term maintenance. Over the course of the past year and a half, the applicant has been working in collaboration with the City’s Public Works Department - Engineering Division to assess the existing conditions of these medians in order to determine the appropriate landscaping improvements, which have been completed. With regard to measures for long-term maintenance, the City’s Public Works Department has determined that it is better suited for the City to maintain the landscape medians through a CFD as is being required for all other development projects. This is the final condition that needs to be met prior to issuing the applicant a Certificate of Occupancy for the project. In order to annex into a CFD, the existing Conditions of Approval must be amended and updated to reflect the change from a LMD to CF D for ongoing maintenance support. As a result, the revised Condition of Approval, below, has been prepared for consideration. 6664 Page 4 9. The applicant and/or developer shall improve the install and maintain in perpetuity landscape medians and required irrigation along E. Orange Show Road and S. Waterman Avenue. The general location of the medians along S. Waterman Avenue shall be from Hospitality Lane north to E. Norman Avenue. The general location of the medians along E. Orange Show Road shall be from S. E Street to the bridge over the Santa Ana River. The final design and location shall be approved by the Community Development Director of Public Works. A landscape maintenance district The annexation into a Community Facilities District shall be established completed at the applicant/developer’s expense to assure proper maintenance over the long-term. a) 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. Changes to the Conditions of Approval require a Public Hearing to allow property owners within 500 feet of the project an opportunity to comment on the proposed change. A Notice of Public Hearing was mailed to surrounding property owners on March 20, 2020 and published In the San Bernardino County Sun March 21, 2020. California Environmental Quality Act (CEQA) The environmental impacts of this project were previously analyzed and a Mitigation Monitoring and Reporting Program was adopted on December 6, 2017 in conjunction with the approval of Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-26. This application for Amendment to Conditions 19 -06 introduces no new significant impacts and all mitigation measures previously adopted with the Mitigation Monitoring and Reporting Program, are incorporated herein by this reference. 2020-25 Strategic Key Targets and Goals 6664 Page 5 Previously approved Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-26 and industrial development aligns with Goal No. 1: Financial Stability: (1.a) Secure a long term revenue source; and (1.e) Cre ate an asset management plan. The project has revitalized an existing site along a major industrial corridor with an attractive project that compliments the surrounding industrial developments. Annexation into a CFD will support these new City assets by p roviding a stable funding source for the ongoing maintenance of landscape and infrastructure improvements completed in City right-of-way as a result of the project. Fiscal Impact There is no fiscal impact as a result of adopting this Resolution. Conclusion It is recommended that the Mayor and City Council conduct a Public Hearing and adopt Resolution No. 2020-53 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type -D 16-26 amending Condition of Approval No. 9 relating to the landscape medians for the project located at 1494 S. Waterman Avenue (APN: 0141-421-14, 18, 19 and 20; and, 0141-431-17 and 18) within the Industrial Light (IL) zone; and, finding the project subject to a Categorical Exemption under the California Environmental Quality Act (Attachment 1). Attachments Attachment 1 Resolution No. 2020-53; Exhibit A - Resolution No. 2017-241 Attachment 2 Planning Commission Resolution No. 2019-054 Ward: 3 Synopsis of Previous Council Actions: On December 6, 2017, the Mayor and City Council approved Subdivision 16 -08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-26 allowing the development, establishment and operation of an industrial logistics warehouse building. On October 2, 2019, the Mayor and City Council tabled the Public Hearing item to consider the amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814). Resolution No. 2020-53 RESOLUTION NO. 2020-53 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENT TO CONDITIONS 19-06 FOR SUBDIVISION 16-08 (TENTATIVE PARCEL MAP 19814) AND DEVELOPMENT PERMIT TYPE-D 16-26 AMENDING CONDITION OF APPROVAL NO. 9 RELATING TO THE LANDSCAPE MEDIANS FOR THE PROJECT LOCATED AT 1494 S. WATERMAN AVENUE (APN: 0141-421-14, 18, 19 AND 20; AND, 0141-431-17 AND 18) WITHIN THE INDUSTRIAL LIGHT (IL) ZONE; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, on July 2, 2019, pursuant to the requirements of Section 19.66.180 (Subdivision Maps – Minor Amendments) and Section 19.44.070 (Development Permits – Modification of Development Permit) of the City of San Bernardino Development Code, an application for Amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-24 was duly submitted by: Property Owner(s): City of Riverside Southern California Edison 3900 S. Main Street 287 Tennessee Street Riverside, CA 92522 Redlands, CA 92373 Applicant: Hillwood 901 Via Piemonte, Suite 175 Ontario, CA 91764 Address: 1494 S. Waterman Avenue APN: 0141-421-14, 18, 19 and 20; and, 0141-431-17 and 18 Lot Area: 62.02 acres WHEREAS, on December 6, 2017, the Mayor and City Council adopted Resolution No. 2017-241 approving Subdivision 16-08 (Tentative Parcel Map 19814) allowing the consolidation of six (6) parcels containing a total of approximately 62.02 acres into two (2) parcels and Development Permit Type-D 16-24 allowing the development, establishment and operation of an industrial high cube logistics warehouse building containing approximately 1,065,000 square feet, along with the construction of the required on-site and off-site improvements; WHEREAS, pursuant to the applicant’s request and acceptance by the City’s Public Works Department – Engineering Division, Amendment to Conditions 19-06 is a request to amend Condition of Approval No. 9 relating to landscape medians along S. Waterman Avenue and E. Orange Show Road for previously approved Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-24; WHEREAS, the Planning Division of the Community and Economic Development Department has reviewed Amendment to Conditions 19-06 for compliance with the California Subdivision Map Act, consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; Resolution No. 2020-53 WHEREAS, on December 6, 2017, a Mitigation Monitoring and Reporting Program was adopted by the Mayor and City Council with the approval of Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-24. No further changes to the environmental conditions of the subject site or the proposed project have occurred. Therefore, the previous environmental determination adopted for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-24 remains valid, pursuant to §15162(c) (Subsequent EIR) of the California Environmental Quality Act); WHEREAS, on August 13, 2019, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) 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 Amendment to Conditions 19-06 and at which meeting the Planning Commission considered Amendment to Conditions 19-06; WHEREAS, on August 13, 2019, during said duly noticed public hearing, after public testimony and deliberation among the Planning Commissioners, Chairman Jones made a motion to adopt Resolution No. 2019-054 forwarding a recommendation to the Mayor and City Council the approval of Amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-26, and Commissioner Woolbert seconded the motion; WHEREAS, the motion passed by the following vote: Ayes: Chang, Guerrero, Jones, Liang, Lopez, Quiel, and Woolbert Nays: None Abstain: None Excused: Ruiz and Sanchez Absent: None WHEREAS, notice of the April 1, 2020 public hearing for the Mayor and City Council's consideration of the proposed Amendment to Conditions 19-06 was published in The Sun newspaper on March 21, 2020, 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) and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Amendment to Conditions 19-06; 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. Environmental Determination. As the decision-making body for Amendment to Conditions 19-06, the Mayor and City Council has reviewed and considered the information contained in the administrative record for Resolution No. 2020-53 Amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-24. Based upon the facts and information contained in the administrative record and the previously adopted Mitigation Monitoring and Reporting Program, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council finds as follows: (1) The environmental impacts of this project were previously analyzed in the Final Environmental Impact Report adopted on December 6, 2017 in conjunction with the approval of Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-24; (2) The previous Mitigation Monitoring and Reporting Program contain a complete and accurate reporting of the environmental impacts associated with the project; (3) The previous Mitigation Monitoring and Reporting Program are completed in compliance with CEQA and the Guidelines promulgated thereunder; (4) The previous Mitigation Monitoring and Reporting Program reflects the independent judgment of the Planning Commission; and (5) The proposed modification to the conditions of approval will introduce no new significant environmental impacts beyond those previously analyzed in the previous Mitigation Monitoring and Reporting Program, and all mitigation measures previously adopted with the Mitigation Monitoring and Reporting Program are incorporated herein by this reference. SECTION 3. Conditions of Approval. The approval of Amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-24 shall be subject to the following Conditions of Approval: 1. This approval is to allow the consolidation of six (6) separate parcels containing a total of approximately 62.02 acres into two (2) parcels, and allow the development, establishment and operation of an industrial high cube logistics warehouse building containing approximately 1,065,000 square feet (Alliance California Gateway South Building 4 Project), along with the construction of the required on-site and off-site improvement. The project site is located 1494 S. Waterman Avenue (APN(S): 0141-421-14, 18, 19 and 20; and, 0141-431-17 and 18) within the Industrial Light (IL) and Public-Commercial Recreation (PCR) Zones. This approval shall comply with Resolution No. 2017-241, dated December 6, 2017 (EXHIBIT “A”), and as amended by this Resolution. 9. The applicant and/or developer shall improve the landscape medians and required irrigation along E. Orange Show Road and S. Waterman Av enue. The general location of the medians along S. Waterman Avenue shall be from Hospitality Lane north to E. Norman Avenue. The general location of the medians along E. Orange Show Road shall be from S. E Street to the bridge over the Santa Ana River. The final design and location shall be approved by the Director of Public Works. The annexation into a Community Facilities District shall be completed at the applicant/developer’s expense to assure proper maintenance over the long-term for the medians. Resolution No. 2020-53 a) 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. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of April 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Resolution No. 2020-53 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2017-241 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING SUBDIVISION 16-08 (TENTATIVE PARCEL MAP 19814) TO CONSOLIDATE SIX (6) SEPARATE PARCELS CONTAINING A TOTAL OF APPROXIMATELY 62.02 ARCES (APN: 0141-421-14, 18, 19 AND 20; AND, 0141-431-17 AND 18) INTO TWO (2) PARCELS AND DEVELOPMENT PERMIT TYPE -D 16-26 TO ALLOW THE DEVELOPMENT, ESTABLISHMENT AND OPERATION OF AN INDUSTRIAL HIGH CUBE LOGISTICS WAREHOUSE BUILDING CONTAINING APPROXIMATELY 1,065,000 SQUARE FEET (ALLIANCE CALIFORNIA GATEWAY SOUTH BUILDING 4 PROJECT), ALONG WITH THE CONSTRUCTION OF THE REQUIRED ON-SITE AND OFF-SITE IMPROVEMENTS, LOCATED AT 1494 S. WATERMAN AVENUE. WHEREAS, on February 17, 2016, pursuant to the requirements of §19.66.020 Subdivision Map Applications) of the City of San Bernardino Development Code, an application for Subdivision 16-02 (Tentative Parcel Map 19701) and Subdivision 16-03 Tentative Tract Map 20006) was duly submitted by: Property Owner(s): City of Riverside 3900 S. Main Street Riverside, CA 92522 Project Applicant: Hillwood 901 Via Piemonte, Suite 175 Ontario, CA 91764 Southern California Edison 287 Tennessee Street Redlands, CA 92373 Property Address: 1494 S. Waterman Avenue APN(S): 0141-421-14,18,19 and 20; and, 0141-431-17 and 18 WHEREAS, Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type -D 16-26 is a request to allow the consolidation of six (6) separate parcels containing a total of approximately 62.02 acres into two (2) parcels, and the development, establishment and operation of an industrial high cube logistics warehouse building containing approximately 1,065,000 square feet (Alliance California Gateway South Building 4 Project), along with the construction of the required on-site and off-site improvements; and WHEREAS, the Planning Division of the Community Development Department has reviewed Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type -D 16-26 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on October 25, 2017, pursuant to the requirements of §19.64.020 of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and moved the Final Environmental Impact Report California State Clearinghouse Schedule No. 2017021049), General Plan Amendment 16-09, Development Code Amendment (Zoning Map Amendment) 16-11, Subdivision 16-08 Tentative Parcel Map 19814) and Development Permit Type -D 16-26 to the Planning Commission for consideration; and WHEREAS, on November 4, 2017, pursuant to the requirements §19.52.020 of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino of the holding of a public hearing at which the Final Environmental Impact Report (California State Clearinghouse Schedule No. 2017021049), General Plan Amendment 16-09, Development Code Amendment (Zoning Map Amendment) 16-11, Subdivision 16-08 Tentative Parcel Map 19814) and Development Permit Type -D 16-26 would be considered; and WHEREAS, on November 14, 2017 pursuant to the requirements of Chapters 19.42 Development Code Amendments), 19.44 (Development Permits), 19.50 (General Plan Amendments), 19.52 (Hearings and Appeals), 19.66 (Subdivision Maps) and 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Final EIR (California State Clearinghouse Schedule No. 2017021049) submitted by the applicant for General Plan Amendment 16-09, Development Code Amendment (Zoning Map Amendment) 16-11, Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type -D 16-26; and WHEREAS, after closing said public hearing, the Planning Commission adopted Resolution No. 2017-063 recommending to the Mayor and City Council the certification of the Final EIR (California State Clearinghouse Schedule No. 2017021049) and the approval of General Plan Amendment 16-09, Development Code Amendment (Zoning Map Amendment) 16-11, Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type -D 16- 26; and WHEREAS, notice of the December 6, 2017 public hearing for the Mayor and City Council's consideration of the proposed Resolution was published in The Sun newspaper on November 24, 2017, and was mailed to property owners within a 500 foot radius of the project site in accordance with Development Code Chapter 19.52; and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals), and Chapter 19.66 (Subdivision Maps) of the City of San Bernardino Development Code, the 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mayor and City Council has the authority to take action on Subdivision 16-02 (Tentative Parcel Map 19701). NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above -stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Findings of Fact — Subdivision 16-08 (Tentative Parcel Map 19814). Finding No. 1: The proposed map is consistent with the General Plan. Finding of Fact: The proposed Tentative Parcel Map to accommodate the development of an industrial high cube logistics warehouse building containing approximately 1,065,000 square feet, along with the construction of the required on-site and off-site improvements will provide additional economic development opportunities with the City, the proposed project is permitted within the proposed Industrial Light (IL) zone, subject to the approval of General Plan Amendment 16-09, Development Code Amendment (Zoning Map Amendment) 16-11, Development Permit Type -D 16-26 and Subdivision 16-08 (Tentative Parcel Map 19814) with the appropriate Conditions of Approval and the certification of the Final EIR (California State Clearinghouse Schedule No. 2017021049) by the City Council, and the proposed Industrial Light (IL) zone is consistent with the proposed Industrial Light General land use designation set forth by the General Plan Land Use Map. Finding No. 2: The design and improvements of the proposed subdivision is consistent with the General Plan. Finding of Fact: General Plan Land Use Goal 2.2 states: "Promote development that integrates with surrounding land uses. " The proposed Tentative Parcel Map will be consistent with the pattern of development within the existing surrounding neighborhood. General Plan Land Use policy 2.7.5 states: "Require that developments conform to the availability ofpublic infrastructure to accommodate its demands and mitigate its impacts. " The proposed Tentative Parcel Map will connect to existing water and sewer services, roads, storm drains, and private utilities. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14j 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding No. 3 The site is physically suitable for the type of development. Finding of Fact: The proposed project is permitted within the proposed Industrial Light IL) zone, subject to the approval of a General Plan Amendment, Development Code Amendment/Zoning Map Amendment and Development Permit Type -D with the appropriate Conditions of Approval and CEQA determination is permitted within the proposed Industrial Light (IL) zone. The subject site as an industrial development is sufficient in size to accommodate the proposal under General Plan Amendment 16-09, Development Code Amendment (Zoning Map Amendment) 16-11, Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type -D 16-26 as required by the City of San Bernardino Development Code. Therefore, the subject site is physically suitable for the proposal. Finding No. 4 I Finding of Fact: The site is physically suitable for the proposed density of development. The proposed industrial high cube logistics warehouse building containing approximately 1,065,000 square feet along with the construction of the required on-site and off-site improvements is permitted within the proposed Industrial Light (IL) Zone, subject to the approval of General Plan Amendment 16-09, Development Code Amendment (Zoning Map Amendment) 16-11, Development Permit Type -D 16-26 and Subdivision 16-08 (Tentative Parcel Map 19814) with the appropriate Conditions of Approval and certification of the Final EIR (California State Clearinghouse Schedule No. 2017021049) by the City Council. The subject site as an industrial development is sufficient in size to accommodate the proposal under Development Permit Type -D 16-26 as required by the City of San Bernardino Development Code. Therefore, the subject site is physically suitable for the proposal. Finding No. 5: The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. j j Finding of Fact: The design of the subdivision will not have any significant negative impacts to wildlife or their habitat. The project site is an existing partially developed site and surrounded by urban development. No 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 significant negative impacts on the environment are anticipated to result from re -use of the existing site. Finding No. 6: The design of the subdivision or type of improvements will not cause serious public health problems. Finding of Fact: An Environmental Impact Report was prepared for the project and found ,that any environmental impacts caused by the project could be mitigated to become less than significant. Therefore the subdivision will not cause serious public health problems. Finding No. 7 The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. I Finding of Fact: The design of the subdivision will not conflict with any public or private easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Map. Existing easements will be reserved in place or relocated, as necessary. SECTION 3. Findings of Fact — Development Permit Type -D 16-26. Finding No. 1: The proposed development is permitted within the subject zoning district and complies with all applicable provisions of the Development Code, including prescribed site development standards and applicable design guidelines. Finding of Fact: Finding No. 2: The proposed development of an industrial high cube logistics warehouse building containing approximately 1,065,000 square feet Alliance California Gateway South Building 4 Project) is a permitted use within the proposed Industrial Light (IL) Zone, subject to the approval of a Development Permit Type -D with the appropriate Conditions of Approval and Mitigation Measures. The proposal under Development Permit Type -D 16-26 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. The proposed use is consistent with the General Plan. W" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding of Fact: The project site, which is primarily owned by the City of Riverside, is currently developed and operated as the San Bernardino Public Golf Club and has been experiencing a decline in activity. The proposed amendment will result in removing the existing Public -Commercial Recreation (PCR) General Plan Land Use Designation/Zoning District Classification from the project site, resulting in the entire site having the Industrial Light (IL) General Plan Land Use Designation/Zoning District Classification. The Industrial Light (IL) General Plan Land Use Designation/Zoning District Classification is intended to provide for the new development of lighter industrial uses along major vehicular, rail, and air transportation routes serving the City. The change in the General Plan Land Use Designation/Zoning District classification would provide a single land use/zone over the entire 62.02 acre parcel and would allow the development, establishment and operation of an industrial high cube logistics warehouse building containing approximately 1,065,000 square feet (Alliance California Gateway South Building 4 Project), which is consistent with the light industrial uses within the project vicinity. The project is also consistent with the following General Plan goal and policies: Goal 4.1 encourages economic activity that capitalizes upon the transportation and locational strengths of San Bernardino. The proposed change of the General Plan Land Use Designation and Zoning District Classification from Public -Commercial Recreation (PCR) to Industrial (IL) will capitalize on the City's transportation and locational strengths and will encourage economic development and provide employment opportunities to the City's residents. Policy 2.5.6 requires that new development be designed to complement and not devalue the physical characteristics of the surrounding environment, including consideration of the site's natural topography and vegetation, surrounding exemplary architectural style with tower elements along with complimentary earth -toned colors. Policy 5.7.6 encourages architectural detailing, which includes richly articulated surfaces rather than plain or blank walls. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The project site is flat and has been disturbed by the development of the San Bernardino Public Golf Club. The site is surrounded to the north by light industrial businesses. The proposed project will result in the construction of a 1,065,000 square foot industrial high cube logistics warehouse building with ancillary parking and landscaping. The concrete tilt -up building will be articulated on all sides through the use of varying parapet heights, corner tower elements and the use of color and varying materials to break up the mass of the building walls. The rooftop equipment will be screened, and extensive landscaping will be provided along the project's Waterman Avenue frontage, consistent with these policies. San Bernardino currently has 51 City parks and recreation facilities totaling approximately 540 acres to serve the community residents. Additionally, the subject San Bernardino Golf Club, and the Arrowhead Country Club and Shandin Hills Golf Course currently serve the region beyond the City of San Bernardino and are not included as part of the City's parks/recreation facilities inventory. Thus, changing the existing General Plan Land Use Designation/Zoning District Classification from Public -Commercial Recreation (PCR) to Industrial Light (IL) will not have a significant effect on the City parks and recreation facilities. Additionally, the proposed project is permitted within the proposed Industrial Light (IL) zone, subject to the approval of a Development Permit Type -D with the appropriate Conditions of Approval and Mitigation Measures, and the proposed Industrial Light (IL) Zone is consistent with the proposed Industrial Land Use Designation set forth by the General Plan Land Use Map. Therefore, the proposed amendment is internally consistent with the General Plan. Finding No. 3 The proposed development is harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property. Finding of Fact: The proposed development of an industrial high cube logistics warehouse building containing approximately 1,065,000 square feet Alliance California Gateway South Building 4 Project) will be harmonious and compatible with existing and future developments within the proposed Industrial Light (IL) Zone. The surrounding area consists of a mixture of residential and industrial uses. Appropriate 7 1 2 3' 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions of Approval and Mitigation Measures have been imposed on the proposed development to ensure that the existing residential neighborhoods will not be negatively impacted by the development of the proposed project. The scale and density of the proposed development conforms to the development standards of the Industrial Light (IL) Zone. Additionally, subject to the approval of General Plan Amendment 16-09 and Development Code Amendment (Zoning Map Amendment) 16-11, the proposal is consistent with both the General Plan and Development Code, and no land use conflict is expected to result from construction of the proposed project. Finding No. 4 The proposed development is in compliance with the requirements of the California Environmental Quality Act (CEQA) and §19.20.030 of the Development Code. Finding of Fact: Finding No. 5 In accordance with § 15132 of the California Environmental Quality Act CEQA), a Final EIR (California State Clearinghouse Schedule No. 2017021049) with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts) was prepared in connection with General Plan Amendment 16-09, Development Code Amendment (Zoning Map Amendment) 16-11, Development Permit Type -D 16-26 and Subdivision 16-08 (Tentative Parcel Map 19814) for the development, establishment and operation of an industrial high cube logistics warehouse building containing approximately 1,065,000 square feet along with the construction of the required on-site and off- site improvements. 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 § 15132 of the California Environmental Quality Act CEQA), a Final EIR (California State Clearinghouse Schedule No. 2017021049) with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts) was prepared in connection with General Plan Amendment 16-09, Development Code Amendment (Zoning Map Amendment) 16-11, Development Permit Type -D 16-26 and Subdivision 16-08 (Tentative Parcel Map 19814) for the development, establishment and operation of an industrial high cube 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 logistics warehouse building containing approximately 1,065,000 square feet along with the construction of the required on-site and off- site improvements. Therefore, no significant negative impacts on the environment are anticipated. Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact: The proposed industrial high cube logistics warehouse building containing approximately 1,065,000 square feet along with the construction of the required on-site and off-site improvements is permitted within the proposed Industrial Light (IL) Zone, subject to the approval of General Plan Amendment 16-09, Development Code Amendment (Zoning Map Amendment) 16-11, Development Permit Type -D 16-26 and Subdivision 16-08 (Tentative Parcel Map 19814) with the appropriate Conditions of Approval and certification of the Final EIR (California State Clearinghouse Schedule No. 2017021049) by the City Council. The subject site as an industrial development is sufficient in size to accommodate the proposal under Development Permit Type -D 16-26 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. I Finding of Fact: Finding No. 8 There are adequate provisions for public access, public utilities, and public services for the proposed industrial high cube logistics warehouse building containing approximately 1,065,000 square feet along with the construction of the required on-site and off-site improvements. The existing site is located adjacent to and already served by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval and Mitigation Measures, the proposed development under Development Permit Type - D 16-26 will not be detrimental to public services or public health and safety. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the 6 1 2 3 4 5 6', 7 8 9 10 11 12 13, 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed development of an industrial high cube logistics warehouse building containing approximately 1,065,000 square feet along with the required on-site and off-site improvements conforms to all applicable development standards and land use regulations of the proposed Industrial Light (IL) Zone. Therefore, the design of the project, in conjunction with the recommended Conditions of Approval and Mitigation Measures, will ensure that the proposal will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor will it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed development will enhance the neighborhood to the benefit of the public interest and general welfare of the City. SECTION 4. Compliance with the California Environmental Quality Act. - The Mayor and City Council having independently reviewed and analyzed the record before it, including the Final Environmental Impact Report (California State Clearinghouse Schedule No. 2017021049) and written and oral testimony, and having exercised their independent judgment, find that General Plan Amendment 16-09, Development Code Amendment (Zoning Map Amendment) 16-11, Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type -D 16-26 will have no significant adverse effect on the environment with the adoption of the Findings of Facts, Statements of Overriding Considerations and Mitigation Monitoring and Reporting Program; and, find that the Final Environmental Impact Report (California State Clearinghouse Schedule No. 2017021049), as accepted by the Planning Commission as to the effects of proposed General Plan Amendment 16-09, Development Code Amendment (Zoning Map Amendment) 16-11, Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type -D 16-26, has been completed in compliance with CEQA and is hereby certified and incorporated herein by reference. SECTION 5. Notice of Determination: The Planning Division of the Community Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino and State Clearinghouse within five (5) working days of final project approval certifying the City's compliance with the California Environmental Quality Act in certifying the Final EIR (California State Clearinghouse Schedule No. 2017021049). 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6. — General Plan Amendment 16-09 and Development Code Amendment Zoning Map Amendment) 16-11, as approved by Ordinance, is incorporated herein by reference. SECTION 7. — Conditions of A -)roval: Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type -D 16-26, is hereby approved subject to the following Conditions of Approval: 1. This approval is to change the General Plan Land Use Designations and the Zoning Districts of the properties contained within an area comprised of approximately 62.02 acres from Industrial Light (IL) and Public -Commercial Recreation (PRC) to Industrial Light (IL), allow the consolidation of six (6) separate parcels containing a total of approximately 62.02 acres into two (2) parcels, and allow the development, establishment and operation of an industrial high cube logistics warehouse building containing approximately 1,065,000 square feet (Alliance California Gateway South Building 4 Project), along with the construction of the required on-site and off-site improvement. The project site is located 1494 S. Waterman Avenue (APN(S): 0141-421-14, 18, 19 and 20; and, 0141-431-17 AND 18) within the Industrial Light (IL) and Public -Commercial Recreation (PCR) Zones. 2. The project site shall be developed and maintained in accordance with the plans stamped December 6, 2017 (EXHIBIT "A"), approved by the City, which includes a site plan and concept landscaping plan on file in the Planning Division; the Conditions of Approval contained herein; and, the City's Municipal Code regulations. 3. The project shall be subject to all of the mitigation measures contained within the Mitigation Monitoring and Reporting Program (EXHIBIT `B"), dated December 6, 2017, and incorporated herein by reference as Conditions of Approval. 4. Within two (2) years of the Development Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: December 6, 2019 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. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "Attorney's fees" for the purpose of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. Planning Division 7. Construction -related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities shall only occur Monday through Friday. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 9. The applicant and/or developer shall install and maintain in perpetuity landscape medians and required irrigation along Orange Show Road and Waterman Avenue. The general location of the medians along Waterman Avenue shall be from Hospitality Land north to Norman Avenue. The general location of the median along Orange Show Road shall be from E Street to bridge over the Santa Ana River. The final design and location shall be approved by the Community Development Director. A landscape maintenance district shall be established at the applicant/developer's expense to assure proper maintenance over the long-term. 10. 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. 11. 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. 12. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Services Department and the City Clerk's Office/Business Registration Division. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. Building & Safety Division 19. Plans submitted shall conform to the 2016 California Building Codes. Please note this will include the California Green Building Code. 20. Project shall confirm to Chapter 3 of California Building Code 2016. 21. Project shall also conform to the requirements of Chapter 4 of the California Building Code 2016, Special Details Requirements Based on use of Occupancy. 22. Provide sprinkler requirements for the occupant load according to California Building Code 2016. 23. Provide all disabled access requirements and complete details on plans prior to plan review submittal and conform to Chapter 1 lA of California Building Code 2016. 24. There shall be a formal plan submittal prior to all issuance of permits. 25. Refer to Chapter 7 of the California Building Code 2016 for Fire/Smoke Protection Requirements. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Land Development Division 26. Drainage and Flood Control a. All necessary drainage and flood control measures shall be subject to requirements of the Building Official, which may be based in part on the recommendations of the San Bernardino County Department of Transportation and Flood Control. 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 Department of Transportation and Flood Control, if any work is required within the Flood Control District's right-of-way. c. The proposed overflow outlet to Santa Ana River shall be approved by San Bernardino County Flood Control and/or Corps of Engineers prior to Grading permit issuance. Necessary permit including but not limited to 408 shall be obtained prior to Certificate of Occupancy issuance. Provision of a section 408 Non -Jurisdiction" Letter by U.S. Army Corps of Engineers (USACE) prior to Grading permit issuance shall satisfy this condition if applicable. d. 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. e. The detention basin shall be designed in accordance with "Detention Basin Design Criteria for San Bernardino County." Retention basins are not acceptable. f. The development is located within Zone A (floodway) on the Federal Insurance Rate Maps panel 8683J and 8684J with year September 02, 2016. The developer shall be responsible for providing elevation certificate prepared in accordance with FEMA regulations to prove that all parcels are not subject to flooding in a 100 -year storm. These certificates shall be provided in a form that is suitable for submittal to FEMA in order to obtain a Conditional Letter of Map Revision (CLOMR-F) prior to Grading permit issuance. g. 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. h. 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. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17. 18 19 20 21 22 23 24 25 26 27 28 A Full Categorical Water Quality Management Plan (WQMP) and a Storm Water Pollution Prevention Plan (SWPPP) is required for this project. The applicant is directed to the County of San Bernardino Flood Control web page for the WQMP Technical Guidance Document and template. The Land Development Division, prior to issuance of any permit, shall approve the WQMP and the SWPPP. A CD copy of the approved WQMP, Hydrology Study and SWPPP are required prior to Occupancy. j. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. k. 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. 27. 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. A tree removal permit from Planning Division is required prior to any grading or site development permits. c. If more than 5,000 cubic yards of earthwork is proposed, the grading shall be supervised in accordance with Section 3317.2 of the California Building Code. d. The applicant must post a grading bond prior to issuance of a grading permit. The amount of the bond is to be determined by the Building Official. e. If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. f. If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. g. A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h. Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6" high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5' deep and may overhang the landscaping or walkway by 2.5'. Overhang into the setback area or into an ADA path of travel (minimum 4' wide) is not permitted. i. The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with modification to provide ADA access. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. 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. The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee, Planning Commission or City Council. 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. k. 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. 1. 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. Vol 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m. 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. n. 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. o. 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. p. 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. q. 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. 28. 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. This project is located in the sewer service area maintained by the City of San Bernardino Municipal Water Department. Therefore, any necessary sewer main extension shall be designed and constructed in accordance to the requirements of SBMWD. e. Utility services shall be placed underground and easements provided as required. f. All existing overhead utilities adjacent to or traversing the site on either side of the street shall be placed underground in accordance with Section 19.20.030 of the Development Code. g. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h. Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On -Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 29. Ma in a. A Parcel Map based upon field survey will be required. b. The applicant's surveyor/engineer shall submit a Parcel Map with supporting documents for review and approval to Land Development. The Parcel map shall be recorded prior to Building permit issuance. 30. Street Improvement and Dedications a. Waterman Avenue i. Waterman Avenue shall have a 55' right-of-way from centerline. The curb and gutter shall be relocated to match the new curb and gutter to the North at 46.5' from centerline. Widen pavement to match new curb and gutter. ii. Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb & gutter from adjoining property to the North. Construct approach or departure transitions for traffic safety and drainage as approved by the City Engineer on the Southerly end toward the bridge. iii. Construct sidewalk adjacent to the site all the way to the bridge in accordance with City Standard No. 202; Case "A" (6' wide adjacent to curb). iv. The street shall be rehabilitated and the structural street section shall be designed on the "R" value of the subgrade as determined by soils testing and the traffic Index. The minimum AC thickness shall be 4 inches with an AB thickness of 8 inches. V. At all curb returns within and adjacent to the project site, construct accessible curb ramps in accordance with Caltrans or Green Book Standards to comply with current ADA accessibility requirements. Dedicate sufficient right-of-way at the corner to accommodate the ramp. Relocate traffic signal as necessary to accommodate the curb return. vi. Install LED Street Lights adjacent to the site in accordance with City Standard Nos. SL -1 and SL -2. Also, a separate light plan shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. vii. The existing street light along the project frontage shall be replaced with an LED lamp. In 1 2 3 4 5 6 7 8 9 10''. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. Option No. 1: Washinglon Avenue i. Washington Avenue shall have a 5' right-of-way dedication to 25' from centerline. A minimum pavement width of 33' from curb on the West side to edge of pavement on the East side shall be required. ii. Construct 8" Curb and Gutter per City Standard No. 200 along the West side of Washington Avenue from Duma Street to Orange Show Avenue and widen pavement to match new curb & gutter. The curb shall offset 20' from centerline of Washington Avenue. Construct approach or departure transitions for traffic safety and drainage as approved by the City Engineer. iii. Washington Street shall be rehabilitated to the full width of 33' and the structural street section shall be designed on the "R" value of the subgrade as determined by soils testing and the traffic Index. The minimum AC thickness shall be 4 inches with an AB thickness of 8 inches. iv. The existing power poles on the West side along shall be relocated behind the curb. V. The curb return on the Southwest corner of Washington Avenue and Orange Show Road shall be reconstructed to accommodate the truck turning radius. The curb ramps shall be reconstructed in accordance with Caltrans or Green Book Standards to comply with current ADA accessibility requirements. Dedicate sufficient right-of-way at the corner to accommodate the ramp. vi. Existing Traffic signal, control box, pedestal and equipment on the Southwest corner of Washington Avenue and Orange Show Road shall be relocated behind the curb return with sufficient space for ADA bypass. vii. Construct a 25' curb return Northwest corner of Washington Avenue and Dumas Street. An accessible curb ramp shall be constructed in accordance with Caltrans or Green Book Standards to comply with current ADA accessibility requirements. Dedicate sufficient right-of- way at the corner to accommodate the ramp. Dumas Street i. The intersection of Dumas Street and Washington Avenue shall be improved to Public Works satisfaction. c. Option No. 2: Washington Avenue i. Washington Avenue shall have a 5' right-of-way dedication to 25' from centerline. A minimum pavement width of 33' from curb on the West side to edge of pavement on the East side shall be required. WE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ii. Construct 8" Curb and Gutter per City Standard No. 200 along the West side of Washington Avenue from Duma Street to Orange Show Avenue and widen pavement to match new curb & gutter. The curb shall offset 20' from centerline of Washington Avenue. Construct approach or departure transitions for traffic safety and drainage as approved by the City Engineer. iii. Washington Street shall be rehabilitated to the full width of 33' and the structural street section shall be designed on the "R" value of the subgrade as determined by soils testing and the traffic Index. The minimum AC thickness shall be 4 inches with an AB thickness of 8 inches. iv. The existing power poles on the West side along shall be relocated behind the curb. V. The curb return on the Southwest corner of Washington Avenue and Orange Show Road shall be reconstructed to accommodate the truck turning radius. The curb ramps shall be reconstructed in accordance with Caltrans or Green Book Standards to comply with current ADA accessibility requirements. Dedicate sufficient right-of-way at the corner to accommodate the ramp. vi. Existing Traffic signal, control box, pedestal and equipment on the Southwest corner of Washington Avenue and Orange Show Road shall be relocated behind the curb return with sufficient space for ADA bypass. vii. The proposed 60' driveway easement on the North side of Dumas Street shall be recorded prior to Grading permit issuance. The driveway access to Washington Avenue shall provide a clear truck turning radius approved by Traffic Engineer and Public Work Department. The South side of the access point curb return/island shall be improved to Public Works satisfaction. Dumas Street i) Dumas Street shall be rehabilitated on both side and the structural street section shall be designed on the "R" value of the subgrade as determined by soils testing and the traffic Index where truck crossing is proposed. The minimum AC thickness shall be 4 inches with an AB thickness of 8 inches. d. A street cut permit, issued by the City Engineer, will be required for utility cuts into existing streets. The required method shall include a slurry coat along the frontage of the project site to center line. If trenching crosses both sides of the street than both sides of the street shall have a slurry coat and stripping along the frontage of the project site. 31. Required En 'nig Plans a. A complete submittal for plan checking shall consist of - 20 f 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 shall be submitted to San Bernardino Municipal Water Department), 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), 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 beincluded 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 32. 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. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 33. 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 httr)://www.sbcily.oria 34. Traffic Rgquirements a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer and CalTrans prior to off-site improvement plan approval. San Bernardino County Consolidated Fire District 35. The project shall comply with all current Building Codes, Fire Codes and Fire Department Standard Requirements based on occupancy classification. 36. Any changes to this proposal shall require a new Fire Department condition letter. 37. Any changes to the approved life safety system shall require plans to be submitted to the Fire Department prior to construction including the following: (fire sprinklers, fire alarms, underground water supply for fire protection, cooking appliances & hood protections.) 38. A monitored fire sprinkler system is required for the proposed building. Plans shall be submitted to the Fire Department prior to construction. PER CFC 903.2.1.1 39. Knox Box/Key Box is required, and shall be provided and installed in accordance with the CFC and Fire Department Standard. 40. Required fire flow for this project shall meet the minimum requirements established in the California Fire Code. 41. An approved on-site fire protection water system, in accordance with Fire Department Standard is required. The system is required to be in place and serviceable prior to building construction. 42. An approved water supply system, complete with street fire hydrants and complying with Fire Department Standard, shall be in place prior to any combustible construction. 43. Provide a complete on-site fire protection plan to the Fire Department which indicates the location of all required fire protection appliances (FDC's, PIV's, DDC's, proposed and existing fire hydrants, etc.) 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 44. Fencing, walls and/or carports shall not obstruct Fire Department access to fire hydrants and property. 45. Paved access from two (2) points shall be required for completion and occupancy. 46. Interior/exterior Fire Department access roadways/fire lanes shall be required per Fire Department Standard. If gates are installed they must comply with Fire Department Standard. 47. Storage containers may not block Fire Department access. 48. Provide the following Fire Department notes on the site utility plan: a. A separate permit is required by the Fire Department for installation of on-site water systems. No work may begin until the permit has been obtained. A permit application may be obtained from Fire Prevention. b. All hydrants shall have a blue reflective dot placed in the drive lane adjacent to the hydrants per Fire Department Standard. c. Paint curbs red, 15 feet to either side of fire hydrants and FDC. d. Fire Department Connection required within 50 feet of a hydrant. e. Bollards (crash posts) may be required at the time of final inspection (to prevent the fire hydrants and FDC from vehicular traffic). f. Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and 500 feet for residential areas. 49. Paved access from two (2) points are required to be 30 feet in width for buildings three 3) or more stories in height or over 300,000 square feet. 50. Premise and Building identification and addressing shall be a minimum of twelve (12) inches in height. 51. All fire access roads into this project shall meet San Bernardino County standards and CFC codes and shall be paved and all weather. 52. If warehouse will be used for storage the sprinkler design will comply with the requirements of NFPA for heights and commodity. All spec buildings shall be designed to a min of .6/3000 sprinkler design. 53. Fire Control Room is required for all warehouses over 300,000 square feet. See County Standard S 1 for construction requirements. 54. All required access roads shall meet County standards of 26 feet in width and turning radius. Plans shall be submitted and approved prior to the commencement of construction. 23 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 55. Five or more sprinkler risers or buildings exceeding 100,000 square feet shall have two (2) points of connection. 56. High Piled Storage plans shall be submitted prior to any storage or approval of racks within the warehouse. Contact (909) 918-2201 for information. 57. Fire extinguishers are required throughout. All spacing shall meet the California Fire Code for spacing and size. 58. All Exiting shall comply with the California Fire Code and Building Code for travel distance, lineal feet, and width. SECTION 8. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. HI 111 111 IlI 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING SUBDIVISION 16-08 (TENTATIVE PARCEL MAP 19814) TO CONSOLIDATE SIX (6) SEPARATE PARCELS CONTAINING A TOTAL OF APPROXIMATELY 62.02 ARCES (APN: 0141-421-14, 18, 19 AND 20; AND, 0141-431-17 AND 18) INTO TWO (2) PARCELS AND DEVELOPMENT PERMIT TYPE -D 16-26 TO ALLOW THE DEVELOPMENT, ESTABLISHMENT AND OPERATION OF AN INDUSTRIAL HIGH CUBE LOGISTICS WAREHOUSE BUILDING CONTAINING APPROXIMATELY 1,065,000 SQUARE FEET (ALLIANCE CALIFORNIA GATEWAY SOUTH BUILDING 4 PROJECT), ALONG WITH THE CONSTRUCTION OF THE REQUIRED ON-SITE AND OFF-SITE IMPROVEMENTS, LOCATED AT 1494 S. WATERMAN AVENUE. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 6"' day of December 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ X BARRIOS X VALDIVIA X(M) SHORETT X(S) NICKEL X MULVIHILL X Georgeann arena, C ity Clerk The foregoing Resolution is hereby approved this 6h day of December 2017 Approved as to form: Gary D. Saenz, City Attorney B y:za CA, -A-4, CL, 25 R. Carey Dav . , Mayor City of San ernardino