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CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR
AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY
WEDNESDAY, OCTOBER 7, 2020
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW .SBCITY.ORG
Theodore Sanchez John Valdivia Jim Mulvihill
MAYOR PRO-TEM, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Robert D. Field
COUNCIL MEMBER, W ARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, W ARD 3
CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, W ARD 4 CITY CLERK
Henry Nickel
COUNCIL MEMBER, W ARD 5
Bessine L. Richard
COUNCIL MEMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o There is a 3 minute time limit, per person, for all comments, excluding public or quasi-judicial
hearings.
o Written comment on any item may also be submitted to the City Clerk to be included in the meeting
record. It will not be read aloud by the City Clerk.
o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item.
o Please contact the City Clerk’s Office (909) 384-5002 two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o All documents for public review are on file with the City Clerk’s Office or may be accessed online by
going to www.sbcity.org.
Regular Meeting Agenda October 7, 2020
Mayor and City Council of the City of San Bernardino Page 3 Printed 10/2/2020
CALL TO ORDER
Attendee Name Present Absent Late Arrived
Mayor Pro-Tem, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Henry Nickel
Council Member, Ward 6 Bessine L. Richard
Council Member, Ward 7 Jim Mulvihill
Mayor John Valdivia
City Manager Robert D. Field
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
i. SB Pharma Holdings, Inc. dba The Row House v. City of San Bernardino ,
San Bernardino Superior Court Case No. CIVDS1914576
ii. Mirna Cisneros, an individual v. John Valdivia, et al., San Bernardino
Superior Court Case No. CIVDS2012926
iii. Jackie Aboud, an individual v. John Valdivia, et al., San Bernardino
Superior Court Case No. CIVDS2013562
iv. Karen Cervantes, an individual v. John Valdivia, et al., San Bernardino
Superior Court Case No. CIVDS2012538
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One
case
(C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code
Section 54957.6):
Agency Designated Representative: City Manager;
Employee Organizations: International Union of Operating Engineers, General
Unit; San Bernardino Police Management Association; Teamsters - Middle
Management Unit; San Bernardino Police Officers Association; and San
Bernardino Confidential-Management Association
Regular Meeting Agenda October 7, 2020
Mayor and City Council of the City of San Bernardino Page 4 Printed 10/2/2020
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
PRESENTATIONS
1. San Bernardino County Register of Voters Education Presentation for the
2020 Election Process [Westbound Communications]
STAFF REPORTS
2. Cannabis Integrity Standards Ordinance and Resolution and Guidelines for
Exchange of Existing Commercial Cannabis Business (CCB) Permit for CCB
Microbusiness License (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California take the following action:
1. Accept for first reading, Ordinance MC-1547 adding to Chapter 5.10 a
requirement for Cannabis Integrity Standards;
2. Adopt Resolution 2020-239, establishing Integrity Standards; and
3. Adopt Resolution 2020-240, Adopting Guidelines for the Exchange of Existing
Commercial Cannabis Business (CCB) Permit Licenses for a Microbusiness
License Type.
3. Policy on Procedure for Written Public Comments (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review, discuss, and provide direction to staff regarding a formal policy
on the procedure for written public comments received for the Mayor and City
Council meetings.
4. Resolutions Establishing the Measure S Citizens’ Oversight Committee and
the Measure S Expenditure Policy (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2020-248 establishing the Measure S Citizens’
Oversight Committee; and adopt Resolution No. 2020-249 establishing the Measure
S Expenditure Policy.
Regular Meeting Agenda October 7, 2020
Mayor and City Council of the City of San Bernardino Page 5 Printed 10/2/2020
PUBLIC HEARINGS
5. Resolution Adopting the Mitigated Negative Declaration, Mitigation Monitoring
and Reporting Program, General Plan Amendment 19-03, Introduction of
Ordinance Approving Development Code Amendment (Zoning Map
Amendment) 19-08, and Resolution Approving Subdivision 19-16 (Tentative
Parcel Map 20189), and Development Permit Type -D 19-13 – Foisy East
Project (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1) Adopt Resolution No. 2020-236 of the Mayor and City Council of the City of San
Bernardino, California, adopting the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, and approving General Plan
Amendment 19-03 to change the General Plan Land Use Designation from Open
Space to Industrial of three (3) parcels (APN(S): 0280-151-07, 08, and 09)
containing a total of approximately 13.97 acres (Attachment 1);
2) Introduce, read by title only, and waive further reading of Ordinance No. MC -
1546 of the Mayor and City Council of the City of San Bernardino, California,
approving Development Code Amendment (Zon ing Map Amendment) 19-08 to
change the Zoning District Classification from Public Park (PP) to Industrial light
(IL) of three (3) parcels (APN(S): 0280-151-07, 08, and 09) containing a total of
approximately 13.97 acres, pursuant to a Mitigated Negative De claration
(Attachment 2);
3) Adopt Resolution No. 2020-237 of the Mayor and City Council of the City of San
Bernardino, California, approving Subdivision 19-16 (Tentative Parcel Map
20189) to consolidate ten (10) parcels into one (1) parcel containing approximately
20.29 acres, and Development Permit Type-D 19-13 to allow the development and
establishment of an industrial warehouse containing approximately 467,125
square feet located southeast corner of S. Foisy Street and E. Central Avenue
(APN(S): 0280-151-02, 03, 04, 05, 06, 07, 08, 09, 20, and 21 ), pursuant to a
Mitigated Negative Declaration (Attachment 3); and
4) Schedule the second reading of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on October 21, 2020.
6. Ordinance Approving Development Code Amendment 20 -01 (Social Service
Facilities) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1) Introduce, read by title only, and waive further reading of Ordinance No. MC-
1548 of the Mayor and City Council of the City of San Bernardino, California,
approving Development Code Amendment 20-01 amending Section 19.02.050
(Definitions) and Section 19.04.030(2)(T) (Development Standards - Social
Regular Meeting Agenda October 7, 2020
Mayor and City Council of the City of San Bernardino Page 6 Printed 10/2/2020
Service Uses/Centers) of the City of San Bernardino Development Code (Title
19) to update standards for Social Service Facilities; and
2) Schedule the second reading of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on October 21, 2020.
7. Resolution Approving the Vacation of an Alley, East of Scenic Drive (Ward 3)
Recommendation
Conduct public hearing per Streets and Highway Code sections 8322 -8325 and
adopt
Resolution 2020-241 of the Mayor and City Council of the City of San Bernardino,
California, approving the vacation of the alley, east of Scenic Drive, and
approximately 200 feet south of Inland Center Drive.
8. Resolution Approving the Application to LAFCO for City Sewer Services and
Authorizing the City Manager to Execute an Irrevocable Agreement to
Annexation (Ward 6)
Recommendation
Adopt Resolution No. 2020-242 of the Mayor and City Council of the City of San
Bernardino, California, approving the Application to the Local Agency Formation
Commission to provide City sewer services to a property within an unincorporated
territory located on the southwest side of Cajon Boulevard, just south of Shelter
Way (APN 0262-042-22) and authorizing the City Manager to execute an
Irrevocable Agreement to Annex.
9. Appeal 20-01 for Conditional Use Permit 20-08, BioLife Plasma Donation
Facility–2065 E. Highland Avenue (Ward 7)
Recommendation
Adopt Resolution No. 2020-243 of the Mayor and City Council of the City of San
Bernardino, California, denying Appeal 20-01, thereby upholding the Planning
Commission’s decision finding the project subject to a categorical exemption and
approving Conditional Use Permit 20-08 allowing the establishment of a BioLife
Plasma Donation Center at 2065 E. Highland Avenue, San Bernardino, CA.
10. Imposing Liens on Certain Parcels of Real Property for Uncollected Business
Registration Fees (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a public hearing to receive public comment on the matter; and
2. Adopt Resolution No. 2021-244 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain properties for unpaid business
registration taxes and penalties; and
3. Direct the Director of Finance to remove any properties from the Business
Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the
hearing.
Regular Meeting Agenda October 7, 2020
Mayor and City Council of the City of San Bernardino Page 7 Printed 10/2/2020
CONSENT CALENDAR
11. Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for September 2020.
12. Monthly Investment Portfolio Report for August 2020 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for August 2020.
13. Final Reading - Code Amendment on Sidewalk Vending (All Wards)
Recommendation
Accept for final reading and adopt Ordinance MC-1545 of the Mayor and City
Council of the City of San Bernardino, California, adopting the Code Amendment to
Section 5.30.120 and various Sections of Chapter 8.01 clarifying the City’s authority
to enforce its Environmental Health Code.
14. Resolution Approving the Seventh Amendment to a Professional Services
Agreement with Willdan Engineering (All Wards)
Recommendation
Adopt Resolution 2020-247 of the Mayor and City Council of the City of San
Bernardino, California, approving the Seventh Amendment to the Professional
Services Agreement with Willdan Engineering for a period of six months with an
additional three months to cover any unforeseen circumstances.
15. Final Reading and Adoption of Ordinance MC-1543 (Ward 2)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading and adopt Ordinance MC -1543 amending
Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year
2020/21 to pay the annual cost of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses
with respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services).
16. First Amendment to Cooperative Agreement with the City of Highland and the
County of San Bernardino for Grant Application to the Active Transportation
Cycle 5 Grant Program (Wards 1, 2, 5, 7)
Recommendation
Adopt Resolution No. 2020-245 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute the First
Amendment to Cooperative Agreement with the City of Highland and San
Bernardino County for Grant Application to the Active Transportation Cycle 5 Grant
Program ("First Amendment"), and authorizing the Director of Finance to record a
budget adjustment in the amount of $11,408 in Local Regional Circulation
Regular Meeting Agenda October 7, 2020
Mayor and City Council of the City of San Bernardino Page 8 Printed 10/2/2020
Development Impact Fee Fund No. 263.
17. Resolution Approving the Final Tract Map No. 20261 - 1622 E. Victoria Avenue
(Ward 3)
Recommendation
Adopt Resolution No. 2020-246 of the Mayor and City Council of the City of San
Bernardino, California, approving the Final Tract Map No. 20261 (Subdivision 1 9-
01) involving the subdivision of two (2) parcels containing a total of approximately
1.09 acres into five (5) single-family residential lots. The project site is located at
1622 E. Victoria Avenue within the Residential Urban (RU) Zone, accepting the
public dedications as set forth on said map; and authorizing execution of the
standard form of agreement for the subdivision improvements.
ITEMS TO BE REFERRED TO COMMITTEE
REPORTS ON CONFERENCES/MEETINGS ATTENDED
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, October 21, 2020 in the Council Chamber located at 555 West 6th Street,
San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open
Session will begin at 7:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby
certify that the agenda for the October 7, 2020 Regular Meeti ng of the Mayor and City
Council and the Mayor and City Council acting as the Successor Agency to the
Redevelopment Agency was posted on the City’s bulletin board located at 201 North “E”
Street, San Bernardino, California, at the San Bernardino Public Lib rary located at 555
West 6th Street, San Bernardino, California, and on the City’s website sbcity.org on
Friday, October 2, 2020.
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Genoveva Rocha, CMC, City Clerk
Regular Meeting Agenda October 7, 2020
Mayor and City Council of the City of San Bernardino Page 9 Printed 10/2/2020
NOTICE: Any member of the public may address this meeting of the Mayor and City
Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency on any item appearing on the agenda by approaching t he
microphone in the Council Chamber when the item about which the member desires to
speak is called and by asking to be recognized.
Any member of the public desiring to speak to the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
concerning any matter not on the agenda but which is within the subject matter
jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency may address the body at the end of
the meeting, during the period reserved for public comments. Said total period for public
comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor
and City Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency. A three minute limitation shall apply to each member of the
public, unless such time limit is extended by the Mayor and City Council and the Mayor
and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to “share” his/her three minutes with any other
member of the public.
Speakers who wish to present documents to the governing body may hand the
documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency may refer any item raised by the public to staff,
or to any commission, board, bureau, or committee for appropriate action or have the
item placed on the next agenda of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency. However, no
other action shall be taken nor discussion held by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
on any item which does not appear on the agenda unless the action is otherwise
authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the
Government Code.
Public comments will not be received on any item on the agenda when a public hearing
has been conducted and closed.
Page 1
Public Hearing
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Cannabis Integrity Standards & License Exchange Guidelines
(All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California take the following action:
1. Accept for first reading, Ordinance MC-1547 adding to Chapter 5.10 a
requirement for Cannabis Integrity Standards;
2. Adopt Resolution 2020-239, establishing Integrity Standards; and
3. Adopt Resolution 2020-240, Adopting Guidelines for the Exchange of Existing
Commercial Cannabis Business (CCB) Permit Licenses for a Microbusiness
License Type.
Background
At the June 17, 2020 Mayor and City Council meeting, staff was given direction to
proceed with proposed changes to the Commercial Cannabis Business (CCB)
application process, increasing the number of retail establishments with the opening of
other license types in the City, and giving Commercial Cannabis Businesses that are
open and operating prior to August 31, 2020 the opportunity to transition to a
Microbusiness license. Staff has previously brought forward items for approval based on
the direction given by the Mayor and City Council.
Subsequently, at the Mayor and City Council meeting of August 19, 2020, staff was
directed to incorporate additional changes to the CCB application proc ess to include the
establishment of Integrity Standards. This report further expands on the initial direction
given on June 17th and includes the implementation of process integrity standards.
This report addresses Mayor and City Council direction relate d to:
1. Establishment of Integrity Standards.
2. The adoption of Guidelines to address the following:
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a. Procedures to facilitate the exchange of CCB licenses for a Microbusiness
License for those who qualify in accordance with adopted Resolution 2020 -
148, whereby those who qualify as of August 31, 2020 may transition.
DISCUSSION
Establishment of Integrity Standards
The Mayor and City Council voted to adopt Integrity Standards related to the
commercial cannabis process that will demonstrate transparency to the general public
and ensure that all applicants are provided with a fair and open process. To accomplish
this, it is necessary for the Mayor and City Council to adopt an ordinance and a
resolution. The proposed ordinance adds a section to Chapte r 5.10 of the City of San
Bernardino Municipal Code establishing Integrity Standards. The standards will be
reviewed when staff processes a CCB permit. City Council members will be required to
fully disclose contacts and campaign contributions from CCB a pplicants. The draft
Integrity Standards under consideration include:
1. No Ex-Parte Contacts: An applicant and its representatives shall not attempt to
contact or initiate contact, in person, by phone, by mail or by electronic means,
with the Mayor or any City Council Member.
2. No Gifts: An applicant and its representatives shall not directly or through any
agent or intermediary make, or arrange for the making of, any gift to the Mayor,
City Council Member or staff person, twelve (12) months immedia tely preceding
the date of the CCB Permit application, while the CCB application is pending and
for at least twelve (12) months after a CCB permit is awarded. Gift shall have the
same meaning as it is defined to have in the California Political Reform Act.
3. No Campaign Contributions: An applicant and its representatives shall not make
a campaign contribution or loan of more than two hundred and fifty dollars
($250.00) to the Mayor or any City Council Member while an application is
pending. Applicants shall disclose as part of their applications the amount of and
the recipient of campaign contributions made in the twenty four (24) months after
the date the application is filed.
Amendments to Existing Guidelines
Under Chapter 5.10 of the City of San Bernardino Municipal Code, to operate a
Commercial Cannabis Business (CCB) in the City, a person must obtain a valid CCB
Permit from the City and a valid license for the cannabis operation from the State
(SBMC, Section 5.10.060). The City offers six (6) types of cannabis permits including
cultivation, distribution, manufacturing, microbusiness, retail, and testing (SBMC,
Section 5.10.060). Chapter 5.10 further directs the Mayor and City Council to prepare
guidelines for permit application processing. Since June 2020, the Mayor and City
Council have adopted various Resolutions and an Ordinance to expand the CCB Permit
program in accordance with Chapter 5.10 and have provided direction on various policy
changes. Staff provides further amendments to address the Ci ty Council’s direction
concerning relocation applications, performance deadlines, bond requirements and
separate guidelines for processing the exchange of existing CCB permits for
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microbusiness permits.
Guidelines to Allow Existing Commercial Cannabis Business (CCB) Operators the
Opportunity to Exchange to Microbusiness
Pursuant to adopted Resolution 2020-148, four of the CCB operators have
demonstrated the ability to open and operate their cannabis business on or before
August 31, 2020. However, one of th ese businesses is already a Microbusiness, which
would leave the remaining three the opportunity to exchange their existing license for a
Microbusiness license type.
The proposed Guidelines would allow for City staff to review and process
administratively the exchange of the existing CCB license to a Microbusiness license
type. The existing open and operating businesses on or before August 31, 2020 would
be required to pay a $4,681 application submittal and review fee, but will not go through
an entire Mayor and City Council process.
2020-2025 Key Strategic Targets and Goals
The proposed changes to the existing guidelines and ordinance are consistent with Key
Target No 1: Financial Stability. Specifically, improving the commercial cannabis
business application procedures and the code provisions that regulate commercial
cannabis, should improve the process thereby allowing the City to capture cannabis
revenue.
Fiscal Impact
Commercial Cannabis Business Permit applicants are required to pay an applic ation fee
to recover the City’s costs in processing the permits.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California take the following action:
1. Accept for first reading, Ordinance MC-1547 adding to Chapter 5.10 a
requirement for Cannabis Integrity Standards;
2. Adopt Resolution 2020-239, establishing Integrity Standards; and
3. Adopt Resolution 2020-240, Adopting Guidelines for the Exchange of Existing
Commercial Cannabis Business (CCB) Permit Licenses for a Microbusiness
License Type.
Attachments
Attachment 1 Ordinance MC-1547
Attachment 2 Resolution 2020-239
Attachment 3 Resolution 2020-240; Exhibit A: Updated Procedures & Guidelines
for Exchange, Application Review Criteria and Propose d Fees
Ward: All
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Synopsis of Previous Council Actions:
June 17, 2020 Mayor and City Council adopted Resolution 2020-148 increasing
the number of retail establishments with the opening of other
license types in the City, and giving Commercial Cannabis
Business that are open and operating prior to August 31, 2020 the
opportunity to transition to a Microbusiness license.
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ORDINANCE NO. MC-XXXX
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING A NEW SECTION TO CHAPTER 5.10 OF THE
SAN BERNARDINO MUNICIPAL CODE, REQUIRING
INTEGRITY STANDARDS FOR COMMERCIAL
CANNABIS BUSINESS PERMIT APPLICANTS
WHEREAS, the City San Bernardino, California (“City”) is a chartered city and
municipal corporation, duly organized under the California Constitution and laws of the State of
California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,
the City has the authority to enact laws which promote the public health, safety, and general
welfare of its citizens; and
WHEREAS, Chapter 5.10 was adopted by the voters of the City of San Bernardino to
regulate cannabis businesses in the City; and
WHEREAS, the City Council desires to adopt Integrity Standards to apply to the
application process for cannabis business operations in the City; and
WHEREAS, the City Council finds that, such standards are necessary to demonstrate
transparency and fairness to the public and all applicants for commercial cannabis business
permits.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are hereby incorporated herein
by this reference.
SECTION 2. A new Section 5.10.425 shall be added to Chapter 5.10 of the San
Bernardino Municipal Code to read as follows:
“Sec. 5.10.425. Integrity Provision
(a) All applicants listed on an application for a commercial cannabis business permit or
any persons representing or lobbying on their behalf shall comply with the Integrity Standards
adopted by separate Resolution of the City Council. Failure to abide by the Integrity Standards
may result in disqualification from a Commercial Cannabis Business (CCB) permit review
process or revocation if it is later determined that the applicant or any person associated with the
application or any third party lobbying on their behalf has violated the standards.
(b) Prior to voting on the approval of an application of any kind related to a Commercial
Cannabis Business (CCB) permit, all members of the City Council shall disclose, in public,
immediately before the vote, whether they have had any communications directly or through an
2.a
Packet Pg. 14 Attachment: CED.Cannabis.Integrity Standards Ordinance.A1 (6925 : Cannabis Integrity Standards & License Exchange Guidelines (All Wards))
Ordinance No. MC-____
Page 2 of 3
intermediary with the CCB applicant or a representative of or a lobbyist for a CCB applicant.”
SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part thereof, is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
be declared unconstitutional. If for any reason any portion of this ordinance is found to be
invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 5. Certification. City Clerk of the City of San Bernardino shall certify to the
adoption of this Ordinance 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.
SECTION 6. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378 ) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
APPROVED and ADOPTED by the City Council and signed by the Mayor and att ested
by the City Clerk this 7th day of October, 2020.
__________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
2.a
Packet Pg. 15 Attachment: CED.Cannabis.Integrity Standards Ordinance.A1 (6925 : Cannabis Integrity Standards & License Exchange Guidelines (All Wards))
Ordinance No. MC-____
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-_____, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 7th day of October, 2020. Ordinance No. MC-____ was
approve passed and adopted at a regular meeting held the XX 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 t his ___ day of
____________ 2020.
______________________________
Genoveva Rocha, CMC, City Clerk
2.a
Packet Pg. 16 Attachment: CED.Cannabis.Integrity Standards Ordinance.A1 (6925 : Cannabis Integrity Standards & License Exchange Guidelines (All Wards))
RESOLUTION NO. 2020-239
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ESTABLISHED COMMERCIAL CANNABIS
PERMIT APPLICATION REVIEW CRITERIA,
PROCEDURES, AND FEES TO ALLOW THE EXCHANGE
OF A COMMERCIAL CANNABIS BUSINESS LICENSE
PERMIT TO A COMMERCIAL CANNABIS
MICROBUSINESS PERMIT FOR COMMERCIAL
CANNABIS BUSINESSES THAT ARE OPEN AND
OPERATING ON OR BEFORE AUGUST 31, 2020
PURSUANT TO SAN BERNARDINO MUNICIPAL CODE
SECTIONS 5.10.090 5.10.180, AND 5.10.300
WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance MC- 1503,
thereby adopting Chapter 5.10 (Commercial Cannabis Activities) to the Municipal Code; and
WHEREAS, on April 4, 2018, the Mayor and City Council adopted Resolution No. 2018-
102 and Resolution 2018-103 establishing Application Review Criteria, Procedures, and Fees for the
implementation of Chapter 5.10 (Commercial Cannabis Activities) of the Municipal Code;
WHEREAS, on February 21, 2018, the Mayor and City Council made a final selection and
awarded sixteen (16) Commercial Cannabis Business (CCB) Permits, pursuant to section 5.10.180
(Commercial Cannabis Business Permittee Selection Process) of the Municipal Code;
WHEREAS, on June 4, 2020, the Mayor and City Council further reviewed the Application
Review Criteria, Procedures, and Fees and directed City staff to modify the Application Review
Criteria, Procedures, and Fees in order to streamline the application evaluation, review, selection and
determination procedures;
WHEREAS, on June 4, 2020, the Mayor and City Council further reviewed the Application
Review Criteria, Procedures, and Fees and directed City staff to modify the Application Review
Criteria, Procedures, and Fees in order to streamline the application evaluation, review, selection and
determination procedures;
WHEREAS, on June 17, 2020, the Mayor and City Council directed City staff to proceed
with proposed changes to the Commercial Cannabis Business (CCB) application process, increasing
the number of retail establishments with the opening of other license types in the City, and giving
Commercial Cannabis Business that are open and operating prior to August 31, 2020 the opportunity
to transition to a Microbusiness license;
WHEREAS, on June 17, 2020, the Mayor and City Council adopted Resolution No. 2020-
148, authorizing Commercial Cannabis Businesses that are open and operating prior to August 31,
2020 the opportunity to transition to a Microbusiness license, and authorized City Staff to prepare all
necessary amendments to the Commercial Cannabis Business Application Review Criteria and
Procedure Guidelines to be adopted by Resolution;
2.b
Packet Pg. 17 Attachment: CED.Resolution to Amend Guidelines For Exchange to Micorbusiness.A3 (6925 : Cannabis Integrity Standards & License
Resolution No. 2020-239
WHEREAS, pursuant to Section 5.10.090 (Initial Application Procedure) 5.10.180
(Commercial Cannabis Business Permittee Selection Process), and 5.10.300 (Fees and Charges) the
Mayor and City Council may amend by Resolution the Application Review Criteria, Procedures, and
Fees;
WHEREAS, the Mayor and City Council desire to establish modified Application Review
Criteria and Procedures from a policy perspective, and fees reflective the modified Application
Review Criteria and Procedures based upon the best information available such that the City fully
recovers the cost of service.
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. The Mayor and City Council authorizes the City Manager to amend the
application process guidelines, necessary forms, and fees for an administrative staff level review
and approval of the exchange of an existing Commercial Cannabis Business Permit license that
has been open and operating on or prior to August 31, 2020 to a Microbusiness Permit License as
set forth in the attached Exhibit A.
SECTION 3. The establishment of Application Review Criteria, Procedures, and Fees
related to the provision of City services under the Commercial Cannabis Ordinance MC-1503 is
exempt under the California Environmental Quality Act (CEQA) and the CEQA Guidelines Section
15061 (b)(3) , 15378, and 15273(a)(1) (Rates, Tolls, Fares and Charges. CEQA only applies to an
activity that there is no possibility for causing a significant effect on the environment. It can be seen
that there is no possibility that this activity will have a significant effect on the environment and it is
therefore exempt from CEQA.
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.
2.b
Packet Pg. 18 Attachment: CED.Resolution to Amend Guidelines For Exchange to Micorbusiness.A3 (6925 : Cannabis Integrity Standards & License
Resolution No. 2020-239
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
2.b
Packet Pg. 19 Attachment: CED.Resolution to Amend Guidelines For Exchange to Micorbusiness.A3 (6925 : Cannabis Integrity Standards & License
Resolution No. 2020-239
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, 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, City Clerk
2.b
Packet Pg. 20 Attachment: CED.Resolution to Amend Guidelines For Exchange to Micorbusiness.A3 (6925 : Cannabis Integrity Standards & License
RESOLUTION NO. 2020-240
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ESTABLISHING INTEGRITY STANDARDS APPLICABLE
TO COMMERCIAL CANNABIS BUSINESS PERMIT
APPLICANTS, THEIR REPRESENTATIVES OR
LOBBYISTS OR ANYONE WORKING ON THEIR
BEHALF IN ACCORDANCE WITH SECTION 5.10.425 OF
THE COMMERCIAL CANNABIS BUSINESSES CHAPTER
OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE
WHEREAS, on June 17, 2020, at the Mayor and City Council meeting, staff was given
direction to proceed with proposed changes to the Commercial Cannabis Business (CCB)
application process;
WHEREAS, on August 19, 2020, at the Mayor and City Council meeting, staff was
given direction to incorporate integrity standards for Commercial Cannabis Business (CCB)
applicants;
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,
the City has the authority to enact laws which promote the public health, safety, and general
welfare of its citizens;
WHEREAS, on October 7, 2020, the City Council adopted MC-1547 to add Section
5.10.425 (Integrity Provision) to Chapter 5.10 of the City of San Bernardino Municipal Code;
WHEREAS, Section 5.10.425 (Integrity Provision) of the City of San Bernardino
Municipal Code require that the Integrity Standards (Exhibit A) be incorporated to the
Commercial Cannabis Business (CCB) Application Procedure Guidelines.
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. The San Bernardino City Council hereby adopts the Integrity Standards
set forth in Exhibit A to this Resolution and incorporated herein.
SECTION 3. That the City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on
the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
2.c
Packet Pg. 21 Attachment: CED.Cannabis.Integrity Standards Resolution.A2 (6925 : Cannabis Integrity Standards & License Exchange Guidelines (All
Resolution No. 2020-240
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 ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
2.c
Packet Pg. 22 Attachment: CED.Cannabis.Integrity Standards Resolution.A2 (6925 : Cannabis Integrity Standards & License Exchange Guidelines (All
Resolution No. 2020-240
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, 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, City Clerk
2.c
Packet Pg. 23 Attachment: CED.Cannabis.Integrity Standards Resolution.A2 (6925 : Cannabis Integrity Standards & License Exchange Guidelines (All
EXHIBIT “A”
INTEGRITY STANDARDS FOR COMMERCIAL CANNABIS PERMIT APPLICANTS
Definitions
“Applicant” shall include any individual or entity applying for a commercial cannabis permit, and shall
include any officer, director, partner, consultant, public relations, governmental affairs or other duly
authorized “representative” applying on behalf of or communicating on behalf of an individual or entity or
making representations on behalf of an individual or entity.
“Commercial Cannabis Permit” means the regulatory permit issued by the City to a commercial cannabis
business as provided for in Chapter 5.10 of the San Bernardino Municipal Code.
Standards
Pursuant to Section 5.10.425 (Integrity Provision) of the City of San Bernardino Municipal
Code, all applicants listed on an application for a Commercial Cannabis Business (CCB) permit
or any persons representing or lobbying on their behalf shall comply with the following Integrity
Standards:
1. No Ex-Parte Contacts: An applicant and its representatives shall not attempt to contact or initiate
contact, in person, by phone, by mail or by electronic means, with the Mayor or any City Council
Member.
2. No Gifts: An applicant and its representatives shall not directly or through any agent
or intermediary make, or arrange for the making of, any gift to the Mayor, City Council
Member or staff person, twelve (12) months immediately preceding the date of the
Commercial Cannabis Business (CCB) application, while the CCB application is pending
and for at least twelve (12) months after a CCB permit is awarded. Gift shall have the
same meaning as it is defined to have in the California Political Reform Act.
3. No Campaign Contributions: An applicant and its representatives shall not make a campaign
contribution or loan of more than two hundred fifty dollars ($250.00) to the Mayor or any City
Council Member while an application is pending. Applicants shall disclose as part of their
applications the amount of and the recipient of campaign contributions made in the twenty four (24)
months preceding the date the application is filed.
Penalties
Failure to abide by these Integrity Standards may result in disqualification from an existing cannabis permit
review process or revocation of a permit if it is later determined that the applicant or any person associated
with the application violated these integrity regulations.
2.d
Packet Pg. 24 Attachment: CED.Cannabis.ExhibitA to Reso 2020-240 (6925 : Cannabis Integrity Standards & License Exchange Guidelines (All Wards))
Community Development Department - Planning Division
Office: 201 North E Street, 3rd Floor
Mail: 290 North D Street
San Bernardino, CA 92401
P: (909) 384-7272 F: (909) 384-5155
www.sbcity.org
APPLICATION PROCEDURE GUIDELINES FOR EXCHANGE OF AN EXISTING
COMMERCIAL CANNABIS BUSINESS (CCB) PERMIT TO A MICROBUSINESS LICENSE
On June 17, 2020 the City of San Bernardino Mayor and City Council adopted Resolution No. 2020-148
authorizing the transition of any Commercial Cannabis Business (CCB) operator currently open or anyone open
on or before August 31, 2020 to turn in their currently held Commercial Cannabis Business (CCB) license in
exchange for a Microbusiness license. The City of San Bernardino Mayor and City Council adopted the resolution
on a one-time basis only.
These Guidelines are intended to apply only to those operators that fall within the following criteria:
The CCB operator(s) would need to have been awarded a CCB Permit on February 21, 2020, in
accordance to Chapter 5.10 of the City of San Bernardino Municipal Code.
The CCB operator(s) would need to have been open and operating on or before August 31, 2020.
The application process for exchange of an existing CCB Permit to a Microbusiness license will be open on
October 12, 2020 and will close at 3:00 p.m. on December 11, 2020. Applications will be available through the
City of San Bernardino website: www.sbcity.org/cannabisregulations or by contacting the Community and
Economic Development Department at: CityofSBPlanning@sbcity.org.
Amendment for Exchange to Microbusiness License (Fee: $4,681.00 - Administrative Review)
All CCB operators that qualify for the exchange shall agree to continue its operations at its current approved
location only.
Application Review and Process:
1) An application for an amendment type will be required to be submitted by the open and operating CCBs
in order to exchange their currently held license type to a microbusiness license type.
2) The amendment must be submitted using the application submittal process as outline in the Commercial
Cannabis Business (CCB) Permit application.
3) The application will be reviewed and processed administratively by City staff.
Additionally, an expansion of the footprint of an existing business into an adjacent tenant space, unit or area,
not included in the original approval may be permitted on a one-time basis only to be included in the Application
for Exchange. This is in an effort to accommodate additional space that may be needed as part of the business
expansion encompassed within the exchange.
2.e
Packet Pg. 25 Attachment: CED.Exchange of CCB License To Microbusiness License Guidelines.A3.Exhibit A (6925 : Cannabis Integrity Standards & License
Commercial Cannabis Business Permit Application Rev. 08/2020 1
Community Development Department - Planning Division
Office: 201 North E Street, 3rd Floor
Mail: 290 North D Street
San Bernardino, CA 92401
P: (909) 384-7272 F: (909) 384-5155
www.sbcity.org
Commercial Cannabis Business Permit Application - Exchange
Project Address / Location:
Assessor’s Parcel Number [APN]:
Zoning District: General Plan Designation:
APPLICANT NAME:
Address: Phone:
City: State: Zip Code: Email:
PROPERTY OWNER NAME:
Address: Phone:
City: State: Zip Code: Email:
(Please Note the following: If the applicant or property owner is a trust, partnership, corporation, or LLC, on a separate sh eet, provide a
list of all persons that make up the trust, partnership, corporation, or LLC.)
COMMERCIAL CANNABIS BUSINESS PERMIT (CCB) TYPE (Please select from one of the following categories):
Cultivation Distribution Manufacturer
Retailer Retailer to include Delivery Testing
Microbusiness (Please identify all business activities): _________________________________________________
DESCRIPTION OF PROJECT:
2.e
Packet Pg. 26 Attachment: CED.Exchange of CCB License To Microbusiness License Guidelines.A3.Exhibit A (6925 : Cannabis Integrity Standards & License
Commercial Cannabis Business Permit Application Rev. 08/2020 2
PROJECT INFORMATION FORM
Property Information:
Square footage of subject property:
Square footage of building:
Hours of operation (proposed):
Total number of employees (proposed):
Business Information:
Business Name:
Business Address:
Website Address (if applicable):
Business E-mail Address (if applicable):
Community Relations Contact:
Name: Phone:
Title: Email:
Environmental Information (Attach additional sheets as necessary):
Describe the Business’s Environmental Impact Mitigation Plan. Describe any proposed “green” business practices
relating to energy, climate, water conservation, and materials and waste management:
______________________________________________________________
________________________________________________________________________________________________________________________
Will the project use, store, or dispose of potentially hazardous chemicals, materials, toxic substances, flammables or
explosives:
__________________________
2.e
Packet Pg. 27 Attachment: CED.Exchange of CCB License To Microbusiness License Guidelines.A3.Exhibit A (6925 : Cannabis Integrity Standards & License
Commercial Cannabis Business Permit Application Rev. 08/2020 3
PROJECT INFORMATION FORM
Other Required Information (Attach additional sheets as necessary):
List any person(s) who will be engaging in the proposed commercial cannabis business that have been convicted of
a felony or have engaged in misconduct that is substantially related to the qualifications, functions or duties of a
commercial cannabis business activity. Please keep in mind that a conviction within this section means a plea or
verdict of guilty, or a conviction following a plea of no contest: ________
List whether, the applicant(s) has other licenses and/or permits issued to and/or revoked from the applicant, in the
three years prior to the year of the permit application, such other licenses and or permits relating to similar
business activities as in the permit application. If yes, please list the type, current status, issuing/denying for each
license/permit:
__________________________
Provide the name and address of the closest school(s) to proposed business location:
________
Provide the name and address of the closest existing alcohol related establishment(s) to proposed business
location:
_______________
Description of neighborhood around the proposed location (surrounding uses, nearby sensitive uses (such as
schools, youth centers churches, parks, daycare centers, or libraries), transit access to site, etc.):
_______________________
2.e
Packet Pg. 28 Attachment: CED.Exchange of CCB License To Microbusiness License Guidelines.A3.Exhibit A (6925 : Cannabis Integrity Standards & License
Commercial Cannabis Business Permit Application Rev. 08/2020 4
APPLICATION SUBMITTAL REQUIREMENTS
The following items shall be submitted with all applications (2 physical copies and 1 electronic copy):
Completed Application Form
Filing Fee
Site Plan (see below for requirements)
Floor Plan (see below for requirements)
Elevations (photographs may be provided)
Photographs of existing site
Live Scan Payment (only if applicable)
Business Owner(s) Background Information Forms (only if applicable)
Supplemental Evaluation Criteria (see below for requirements and Appendix A)
Community Relations submittal requirement: Mailing Labels identifying all businesses and owners of
property located within 100 feet of the proposed business location
(Please Note the following: Incomplete applications will not be accepted.)
Supplemental Evaluation Criteria (See Appendix A):
(All information shall be provided as required in the Application Procedure Guidelines for Commercial Cannabis
Businesses (CCB). The CCB Application is required to include all items as identified in Appendix A in detail in order to
fully describe the business as if it was open and operating.)
Business Plan
Location
Neighborhood Compatibility Plan
Safety Plan
Security Plan
Supplemental Evaluation Criteria for all applicants proposing to establish a Cultivation facility:
Cultivation and operations plan that meets or exceeds minimum legal standards for water usage,
conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper
storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of
the cultivation activities (indoor, mixed-light) and schedule of activities during each month of growing and
harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting
(indoor, mixed-light)
Description of a legal water source, irrigation plan, and projected water use
Identification of the source of electrical power and plan for compliance with applicable Building Codes and
other related codes
Plan for addressing odor and other public nuisances that may derive from the cultivation site
2.e
Packet Pg. 29 Attachment: CED.Exchange of CCB License To Microbusiness License Guidelines.A3.Exhibit A (6925 : Cannabis Integrity Standards & License
Commercial Cannabis Business Permit Application Rev. 08/2020 5
APPLICATION SUBMITTAL REQUIREMENTS (Continued)
Site Plan [1/4” = 1’ minimum] (shall contain a minimum of the following information):
North arrow, drawing scale, date of preparation and name of plan preparer
Dimensions of subject property – including square footage
Dimensions and names of all adjacent streets and public rights-of way
Location and dimensions of all buildings and structures – including square-footage
Location and dimensions of landscaped areas
Location of all parking areas and driveways and means of ingress and egress
Location and dimensions of all handicap parking spaces, ramps, curb ramps and signs
Location and dimensions of handicap-accessible Path of Travel to building entrance, sidewalks and interior
walks
Uses for all buildings and structures indicated on the site plan
Floor Plan [1/4” = 1’ minimum] (shall contain a minimum of the following information):
North arrow, drawing scale, date of preparation and name of plan preparer
Location and dimensions for means of ingress and egress
Square footage of all interior spaces
Proposed uses of all interior spaces
All sets of plans must be assembled and folded to a size of 8.5” X 11”. Plans may be printed on
no larger than an 11”x17” sheet of paper.
OFFICE USE ONLY
Date Filed: Previous Case: Case Number:
Receipt Number: Fees: Submitted To:
2.e
Packet Pg. 30 Attachment: CED.Exchange of CCB License To Microbusiness License Guidelines.A3.Exhibit A (6925 : Cannabis Integrity Standards & License
Commercial Cannabis Business Permit Application Rev. 08/2020 6
AUTHORIZATION FORM
APPLICANT CERTIFICATION
I hereby certify, under penalty of perjury, on behalf of myself and all owners, managers and supervisors identified in
this application that the statements and information furnished in this application and in the attached exhibits
present the data and information required for this initial evaluation to the best of my ability, and that the facts,
statements, and information presented are true and correct to the best of my knowledge and belief. I understand
that a misrepresentation of fact is cause for rejection of this application, denial of the permit, or revocation of a
permit issued.
In addition, I understand that the filing of this application grants the City of San Bernardino permission to reproduce
submitted materials, including but not limited to, plans, exhibits, and photographs, for distribution to staff,
Commission, Board, and City Council Members, and other Agencies in order to process the application. Nothing in
this consent, however, shall entitle any person to make use of the intellectual property in plans, exhibits and
photographs for any purpose unrelated to the City's consideration of this application.
Furthermore, by submitting this application I understand that agree that any business resulting from an approval
shall be maintained and operated in accordance with requirements of the City of San Bernardino Municipal Code
and state law.
Name Signature
Title Date
2.e
Packet Pg. 31 Attachment: CED.Exchange of CCB License To Microbusiness License Guidelines.A3.Exhibit A (6925 : Cannabis Integrity Standards & License
Commercial Cannabis Business Permit Application Rev. 08/2020 7
AUTHORIZATION FORM
PROPERTY OWNER CONSENT
If applicant is other than the property owner(s), the owner(s) must provide a signed and notarized statement
consenting to filing pursuant to Section 5.10.240 of the City of San Bernardino Municipal Code. Additional sheets
may be attached if necessary. Original signatures only.
I/We, as the owner(s) of the subject property, consent to the filing of this application and use of the property for the
purposes described herein. We further consent and hereby authorize City representative(s) to enter upon my
property for the purpose of examining and inspecting the property in preparation of any reports and/or required
environmental review for the processing of the application(s) being filed.
Name Signature
Title Date
Subscribed and Sworn to Before Me This ______ Day of ____________, 20____, proved to me on the basis of satisfactory
evidence to be the person(s) who appeared before me.
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the induvial who signed the
document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
2.e
Packet Pg. 32 Attachment: CED.Exchange of CCB License To Microbusiness License Guidelines.A3.Exhibit A (6925 : Cannabis Integrity Standards & License
Commercial Cannabis Business – Appendix A 8/2020
- 1 –
APPENDIX A
DESCRIPTION OF EVALUATION CRITERIA
Location
The application should include the following:
Physical address and detailed description of the proposed/final location.
Proof of ownership, or a notarized letter of the owner’s willingness to lease.
Description of all known nearby sensitive use areas.
Neighborhood Compatibility Plan
The application should include the following:
Describe how the Commercial Cannabis Business (CCB), including its exterior areas and surrounding public areas,
will be managed so as to avoid becoming a nuisance or having impacts on its neighbors and the surrounding
community.
o Additional factors for consideration are religious institutions and/or libraries located within a six-
hundred (600) foot radius of the proposed CCB.
Business Plan
The Business Plan shall be as detailed as necessary to fully describe the operations, including:
Description of day-to-day operations, pursuant to Section 5.10.310 of the City of San Bernardino Municipal Code.
How the CCB will conform to local pursuant to Section 5.10.280 and Section 5.10.420 of the San Bernardino
Municipal Code, California State laws and Guidelines as identified by the Bureau of Cannabis Control (BCC),
California Department of Public Health (CDPH) Manufactures Cannabis Safety Branch, and California Department
of Food and Agriculture (CDFA) CalCannabis Cultivation Licensing Division.
Describe how and what methods will be used to ensure that cannabis products ensure consumer safety as
required by California State laws and Guidelines.
How cannabis inventory will be tracked and monitored to prevent diversion (i.e. track and trace systems).
A schedule for beginning operation, including a narrative outlining any proposed construction and improvements
and a timeline for completion.
A budget for construction, operation, maintenance, compensation of employees, equipment costs, utility costs,
and other operation costs. The budget must demonstrate sufficient capital in place to pay startup costs and at
least three (3) months of operating costs, as well as a description of the sources and uses of funds.
Proof of capitalization, in the form of documentation of cash or other liquid assets on hand, Letters of Credit or
other equivalent assets.
A pro forma for at least three (3) years of operation.
Business Purpose Statement
Safety Plan
The application should include the following:
A detailed safety plan layout and outline.
o This plan should describe the fire prevention, suppression, HVAC and alarm systems the facility will
have in place. It should include an assessment of the facility’s fire safety by a qualified fire prevention
and suppression consultant. An appropriate plan will have considered all possible fire, hazardous
material, and inhalation issues/threats and will have both written and physical mechanisms in place to
deal with each specific situation.
2.e
Packet Pg. 33 Attachment: CED.Exchange of CCB License To Microbusiness License Guidelines.A3.Exhibit A (6925 : Cannabis Integrity Standards & License
Commercial Cannabis Business – Appendix A 8/2020
- 2 –
Security Plan
The application should include the following:
A detailed security plan layout and outline.
o This plan should include a description and detailed schematic of the overall facility security. It should
have details on operational security, including but not limited to general security policies for the
facility, employee specific policies, training, sample written policies, transactional security, visitor
security, 3rd party contractor security, and delivery security. In particular, applications should address
ingress and egress access, perimeter security, product security (at all hours), internal security
measures for access (area specific), types of security systems (alarms and cameras), and security
personnel to be employed. The security plan shall also include an assessment of site security by a
qualified security consultant .
Security plans will not be made public.
A floor plan showing existing building conditions. A new proposed floor plan shall be submitted, if changes
are proposed as part of the project. The floor plan(s) should be accurate, dimensioned and to-scale
(Review the CCB Application Submittal Requirements for scale and detail information).
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Packet Pg. 34 Attachment: CED.Exchange of CCB License To Microbusiness License Guidelines.A3.Exhibit A (6925 : Cannabis Integrity Standards & License
COMMERCIAL CANNABIS BUSINESS (CCB) APPLICATION FEES FOR EXCHANGE TO
MICROBUSINESS
PURSUANT TO SBMC CHAPTER 5.10
Service Provided: Required Fee:
1. Live Scan $132.00/Owner (SBMC 5.10.050)
2. Background Review $600.00/Owner (SBMC 5.10.050)
3. Amendments to Application
a. Exchange of CCB Permit $4,618.00/license type/application
All fees are non-refundable and are due and payable at the time the application or similar
request is submitted to the City
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Packet Pg. 35 Attachment: CED.Exchange of CCB License To Microbusiness License Guidelines.A3.Exhibit A (6925 : Cannabis Integrity Standards & License
Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Genoveva Rocha, CMC, City Clerk
Subject: Policy on Procedure for Written Public Comments (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review, discuss, and provide direction to staff regarding a formal policy on the
procedure for written public comments received for the Mayor and City Council
meetings.
Background
At the September 16, 2020 Mayor and City Council meeting, after considerable
discussion regarding whether or not public comments submitted to the Mayor or
individual Council Members should be read aloud by staff or elected officials, the City
Clerk was directed to bring an item before the City Council to consider a policy
regarding the reading of written comments.
On March 21, 2018, the Mayor and City Council adopted Resolution No. 20 18-89
(Attachment No. 1) establishing public comments and testimony regulations. This
Resolution outlines the process for the public to submit their requests to speak and the
time limits set forth to address items on the agenda, items not on the agenda, an d
public testimony at a public hearing. It was the sentiment of the City Council that setting
time limits would improve effectiveness and efficiency of meetings and would provide an
opportunity for every member of the public that wished to address the Mayo r and City
Council to do so within a reasonable time frame.
On April 4, 2018, the Mayor and City Council adopted Ordinance No. MC-1478
(Attachment No. 2) pertaining to Section 2.58.110 of the City’s Municipal Code (Public
Participation in Meetings of the Mayor and City Council), which provides that the Mayor
and City Council, may by Resolution, adopt reasonable regulations, including time limits
for: (1) public comments for items on the agenda; (2) public comments for items not on
the agenda; and (3) public testimony during public hearings. Notwithstanding the time
limits on public comments and public testimony adopted by Resolution, the Presiding
Officer may lengthen or shorten the time limits afforded if the Presiding Officer
determines such change is necessary for the efficient conduct of the meeting or the
proper consideration of a complicated matter.
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In adherence with the requirements of the Brown Act, the Elected City Clerk updated
the cover page of the agenda, beginning with the April 18, 2018 Mayo r and City Council
meeting (Attachment No.3) to provide clarification regarding the process for
submitting/receiving written public comments for those unable to attend meetings in
person. The cover page on the agenda reads, “Written comment on any item of the
agenda may also be submitted to the City Clerk to be included in the meeting record. It
will not be read aloud by the City Clerk.” Upon reviewing the meeting videos for the
prior meetings, no formal action was taken by the Mayor and City Council regar ding
written comments.
With the COVID-19 pandemic, Governor Newsom issued Executive Order N -29-20 on
March 17, 2020, which relaxed some of the Ralph M. Brown Act's (Brown Act) public
meeting requirements (Gov. Code Sec. 54950 et seq.) some of which are not practical
in light of the current public health crisis. For instance, one requirement is to allow public
members to observe and submit public comments through teleconference or other
electronic means or combinations thereof. Staff had to quickly devise a process that
would allow for public comments to continue to be submitted for meetings held via
teleconference. Subsequently, the language listed on the April 1, 2020, agenda page
was updated to outline the process for providing public comment (Attachment No.4).
The language aligns with that of other agencies; however, it was modified to fit the City's
capabilities.
Most recently, the September agenda cover page was updated to include a more
detailed overview of information to the public on the public com ment process and
deadlines (Attachment No.5). In turn, the guidelines allow the City Clerk Office to save
written comments, redact personal information, post comments on the City's website for
public review, and provide them to the Mayor and City Council in an efficient manner.
Although the COVID-19 Notice states that the written public comments will not be read
aloud, it has not changed the established regulations for public comment and testimony
regarding the time limits set for public comments adopted by Resolution No. 2018-89
the process of submitting written comments.
Discussion
No formal action has been taken by the Mayor and City Council regarding the reading of
public comments. The COVID 19 pandemic has brought this matter to light since the
opportunity to provide in-person public comments has been temporarily suspended due
to in-person Mayor and City Council Meetings being on hold. Should the Mayor and
City Council wish to take such an action, staff strongly recommends that careful
consideration be taken into account to ensure a fair and equal process for all members
of the public, so that meetings will run in an effective and efficient manner. In keeping
with best practices, staff recommends no written public comments should be read into
the record. In the alternative, all written public comments should be read into the record
by the City Clerk. The practice of reading some and not others puts the Mayor and City
Council in the position of choosing which should be read aloud and which should not.
This could result in allegations of unfairness and bias. In deciding whether to require the
City Clerk to read all written comments into the record, the Mayor and City Council
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should consider the following:
Members of the public who wish to be heard have an option - they may leave a
voicemail comment on any matter;
The time to read all written public comments will likely be substantial, adding
additional time and staff costs to every meeting; and
Staff will need to determine some method to fairly address the time limit for
written comments (note that is possible some members of the public will
complain that the Clerk has read the comment too fast or too slow).
Furthermore, staff recommends that all comments received be sent to the City Clerk to
be recorded into the record.
A recent poll conducted on the City Clerk’s Listserv regarding public comment protocols
during the COVID-19 pandemic showed that of the nineteen agencies that responded,
seven of the agencies do not read written public comments into the record for the sake
of time. However, comments are included in the meeting record and are provided to the
Mayor and City Council before the meeting. Those that do read written comments into
the record have set word counts varying from 250 to 500 words, follow the same time
limit given for verbal public comments, or have enacted an overall time limit for public
participation.
The amount of written comments received per meeting has varied between four (4) and
one hundred twenty (120) over the past six months.
2020-2025 Key Strategic Targets and Goals
Creating a formal process on how written public comments should be dealt with aligns
with Key Target No. 2: Focused, Aligned Leadership, and Unified Community. Having a
written policy will assist the Mayor and City Council in developing and implementing a
community engagement plan.
Fiscal Impact
There is no fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review, discuss, and provide direction to staff regarding a formal policy on the
procedure for written public comments received for the Mayor and City Council
meetings
Attachments
Attachment 1 Resolution No. 2018-89
Attachment 2 Ordinance No. MC-1478
Attachment 3 April 18, 2018 Agenda Cover Page
Attachment 4 April 1, 2020 Agenda Cover Page
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Attachment 5 Updated COVID-19 Notice
Ward: All
March 21, 2018 Mayor and City Council adopted Resolution No. 2018-89,
establishing reasonable regulations for public comments and
testimony.
April 4, 2018 Mayor and City Council adopted Ordinance No. MC-1478,
amending Municipal Code Chapter 2.58 related to the conduct of
public meetings and quasi-judicial hearings.
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RESOLUTION NO. 2018-89
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING REASONABLE REGULATIONS FOR
PUBLIC COMMENTS AND TESTIMONY
WHEREAS, on November 8, 2016, the citizens of the City of San Bernardino enacted a
new City Charter; and
WHEREAS, Section 309 of the City Charter states that "[t]he Council shall establish by
ordinance... the rules of order for the conduct of proceedings by the Council..."; and
WHEREAS, concurrent with the passage of this Resolution, the Mayor and City Council
are enacting an Ordinance adding Section 2.58.110 to the San Bernardino Municipal Code,
which states that "[t]he Mayor and City Council may, by Resolution, adopt reasonable
regulations, including time limits, for: (1) public comments for items on the agenda, (2) public
comments for items not on the agenda, and (3) public testimony during public hearings"; and
WHEREAS, the Mayor and City Council desire to ensure the orderly and efficient
conducting of the public's business at meetings of the Mayor and City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The following reasonable regulations are adopted by the Mayor and City
Council governing public comment and testimony for all public meetings and public hearing
items, with the exception of quasi-judicial hearings, heard by the Mayor and City Council.
Public Comments and Testimony
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding
officer determines that the meeting or hearing may be lengthy or complicated, the presiding
officer may, in his or her discretion, modify these rules, including the time limits stated below.
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Rule 2. All members of the public who wish to speak shall fill out a speaker's reservation card
and turn in the speaker reservation card to the City Clerk prior to the time designated on the
agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure
of a person to promptly respond when their time to speak is called shall result in the person
forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment
audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request
that the speaker identify that group or organization, including that group or organization's
Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to
provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5.01 Each member of the public shall have a reasonable time, not to exceed three (3)
minutes per meeting, to address items on the agenda and items not on the agenda
but within the subject matter jurisdiction of the Mayor and City Council.
5.02 Notwithstanding the time limits set forth in subsection 5.01 above, any member of
the public desiring to provide public testimony at a public hearing shall have a
reasonable time, not to exceed (3) minutes, to provide testimony during each
public hearing.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING REASONABLE REGULATIONS FOR
PUBLIC COMMENTS AND TESTIMONY
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 21St
day of March 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
xis
ABSTAIN ABSENT
L/
Georgea Hanna, C' , City Clerk
The foregoing Resolution is hereby approved this 21" day of March 2018.
a 0
1; (24. a -
R. Carey Da
vi,
Mayor
City of San
Approved as to form:
Gary D. Saenz, City Attorney
By: P4 —
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ORDINANCE NO. MC -1478
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTER 2.58
RELATED TO THE CONDUCT OF PUBLIC MEETINGS AND QUASI-JUDICIAL
HEARINGS
WHEREAS, on November 8, 2016, the citizens of the City of San Bernardino enacted
a new City Charter; and
WHEREAS, Section 309 of the City Charter states that "[t]he Council shall establish
by ordinance... the rules of order for the conduct of proceedings by the Council..."; and
WHEREAS, Section 103 of the City Charter states that "[a]ll... resolutions ... in force
at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall
continue in force until they shall have been duly repealed, amended, changed, or superseded
by proper authority as provided by this Charter..."; and
WHEREAS, on September 17, 1984, the Mayor and City Council adopted Resolution
No. 84-371 adopting procedural rules for the meetings of the Mayor and City Council; and
WHEREAS, on September 8, 2000, the Mayor and City Council adopted Resolution
No. 2000-279 amending Resolution No. 84-371 to add Section V — Hearings to the procedural
rules for meetings of the Mayor and City Council; and
WHEREAS, on September 9, 2004, the Mayor and City Council adopted Resolution
No. 2004-290 amending Resolution Section V — Hearings related to the procedural rules for
meetings of the Mayor and City Council; and
WHEREAS, on May 2, 2017, the Mayor and City Council adopted Ordinance No.
1438 adopting San Bernardino Municipal Code Section 2.58.050(B), which states that "[t]he
Mayor and members of the City Council shall perform their duties in accordance with the
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procedural rules for meetings, established by them, in governing the deliberation of public
policy issues, involvement of the public and implementation of policy decisions..."; and
WHEREAS, the Mayor and City Council desire to ensure the orderly and efficient
rnnducting of the public's business at meetings of the Mayor and City Council; and
WHEREAS, the Mayor and City Council desire to ensure that quasi-judicial hearings
are conducted in a fair manner that provides adequate due process to those whose rights are
affected.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.58.070 of Chapter 2.58 of the San Bernardino Municipal
Code shall be amended to read as follows:
The purpose of the meetings of the Mayor and City Council is to conduct the people's
business in an efficient and orderly fashion for the benefit of all the people. That purpose is
disrupted by conduct, including oral statements at meetings, that unduly prolongs the
proceedings by being overly repetitious or exceeding the allotted time, diverts attention from
the matter before the Mayor and City Council by raising or addressing irrelevant matters, or is
directed at or to the audience, the Mayor, individual City Council members, or members of
City staff individually rather than to the Mayor and City Council as governing body of the
City or the City as a whole.
Accordingly, in the event that any meeting of the Mayor and City Council is willfully
disrupted by a person or group of persons so as to actually impair the orderly conduct of the
meeting, the members of the City Council may proceed pursuant to Government Code Section
54957.9, or any applicable penal statute or ordinance. For the purposes of this Section
willfully disrupt" includes, but is not limited to, continuing to do any of the following after
being warned by the presiding officer to desist from such conduct:
1. Addressing the Mayor and City Council without first being recognized by the
presiding officer.
2. Persisting in addressing a subject or subjects, other than that before the Mayor and
City Council.
3. Repetitiously addressing the same subject.
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4. Failing to relinquish the podium when directed to do so by the presiding officer.
5. From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a
City Council member, or a staff member, or shouting or attempting to shout over a
speaker, the Mayor, a City Council member or a staff member.
6. As a speaker, interrupting or attempting to interrupt the Mayor, a City Council
member, or a staff member, or shouting over or attempting to shout over the
Mayor, a City Council member, or a staff member.
7. As a speaker, continuing to speak after being advised that the allotted time has
expired.
8. As a speaker, addressing the audience rather than the Mayor and City Council.
9. Making personal, impertinent, or slanderous remarks to a speaker, the Mayor, a
City Council member, a staff member, or the general public, which actually
impairs the orderly conduct of the meeting.
10. Uttering loud, threatening, personal or abusive language, or profanity, to a speaker,
the Mayor, a City Council member, a staff member, or the general public which
actually impairs the orderly conduct of the meeting.
It shall be unlawful to violate any provision of this Section. Nothing in this Section or
any rules of the Council shall be construed to prohibit public criticism of the policies,
procedures, programs, or services of the City or any of the acts or omissions of the Mayor and
City Council. Nothing in this Section shall confer any privilege or protection for expression
beyond that otherwise provided by law.
If any subsection, sentence, clause, phrase, or word of this Section 2.58.070 is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Section. The Mayor and City Council hereby declare that they
would have enacted this Section and each subsection, sentence, clause, phrase and word
thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases,
or words had been declared invalid or unconstitutional.
SECTION 2. Sections 2.58.110 and 2.58.120 shall be added to Chapter 2.58 of the
San Bernardino Municipal Code as follows:
2.58.110 Public Participation in Meetings of the Mayor and City Council
The Mayor and City Council may, by Resolution, adopt reasonable regulations,
including time limits, for: (1) public comments for items on the agenda, (2) public comments
for items not on the agenda, and (3) public testimony during public hearings. Notwithstanding
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the time limits on public comments and public testimony adopted by Resolution, the Presiding
Officer may lengthen or shorten the time limits afforded if the Presiding Officer determines
such change is necessary for the efficient conduct of the meeting or the proper consideration
of a complicated matter.
2.58.120 Quasi -Judicial Hearings
The Mayor and City Council may, by Resolution, adopt Rules of Procedure for the
conduct of quasi-judicial hearings.
SECTION 3. Pursuant to Charter Section 103, it is the intent of the Mayor and City
Council that upon the effective date of this Ordinance, Resolutions 84-371, 2000-279, and
2004-290 shall be superseded and of no further force and effect.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTER 2.58
RELATED TO THE CONDUCT OF PUBLIC MEETINGS AND QUASI-JUDICIAL
HEARINGS
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
4ch
day of April 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ
BARRIOS k
VALDIVIA x
SHORETT
NICKEL !
RICHARD y
MULVIHILL )((5)
ABSTAIN ABSENT
Georgeatui Hanna, CM , City Clerk
The foregoing Ordinance is hereby approved this
4a' day of April 2018.
R. Carey Das, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
B y.
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Packet Pg. 47 Attachment: Attachment 2 -Ordinance No. MC-1478 (6926 : Policy on Procedure for Written Public Comments (All Wards))
CITY OF SAN BERNARDINO
REVISED AGENDA
FOR THE
JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, APRIL 18, 2018
4:00 PM – CLOSED SESSION 5:00 PM – OPEN SESSION
COUNCIL CHAMBER • 201 NORTH "E" STREET • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG
Virginia Marquez R. Carey Davis James Mulvihill
COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Benito Barrios Andrea M. Miller
COUNCIL MEMBER, W ARD 2 CITY MANAGER
John Valdivia Gary D. Saenz
COUNCIL MEMBER, W ARD 3 CITY ATTORNEY
Fred Shorett Georgeann “Gigi” Hanna
COUNCIL MEMBER, W ARD 4 CITY CLERK
Henry Nickel David Kennedy
COUNCIL MEMBER, W ARD 5 CITY TREASURER
Bessine L. Richard
COUNCIL MEMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a
speaker slip. Speaker slips must be turned in to the City Clerk.You mail your request to speak to
publiccomments@sbcity.org prior to 4 p.m. Each request will cover one speaker. Those who wish to
speak must submit their own request to be called on by the Mayor.
o There is a 3-minute-per-person time limit for all comments, excluding quasi-judicial hearings.
o Written comment on any item may also be submitted to the City Clerk to be included in the meeting
record. It will not be read aloud by the City Clerk.
o Those who wish to speak on quasi-judicial hearing items will have three minutes for each item.
o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or
Mayor Pro Tempore before speaking.
o Please contact the City Clerk’s Office (384-5002) two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o All documents for public review are on file with the City Clerk’s Office or may be accessed online by
going to www.sbcity.org.
o Please turn off or mute your cell phone while the meeting is in session.
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Packet Pg. 48 Attachment: Attachement 3 - 2018-04-18 Agenda Cover Page (6926 : Policy on Procedure for Written Public Comments (All Wards))
CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR
AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY
WEDNESDAY, APRIL 1, 2020
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
WEB-CONFERENCE • SAN BERNARDINO, CA 92410 • WWW .SBCITY.ORG
IMPORTANT COVID-19 NOTICE
IN AN EFFORT TO PROTECT PUBLIC HEALTH AND PREVENT THE SPREAD OF
COVID-19 (CORONAVIRUS) AND TO ENABLE APPROPRIATE SOCIAL
DISTANCING, THE MAYOR & CITY COUNCIL MEETING WILL NOT BE OPEN TO
PUBLIC ATTENDANCE.
THE CITY OF SAN BERNARDINO ENCOURAGES THE PUBLIC TO VIEW THIS
MAYOR & CITY COUNCIL MEETING ON TELEVISION OR ONLINE. THE MEETING
IS BROADCAST LIVE ON TIME WARNER CHANNEL 3 OR CHARTER SPECTRUM
CHANNEL 3 AND LIVE STREAMED ONLINE AT
http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2834
MEMBERS OF THE PUBLIC WHO WISH TO COMMENT ON MATTERS BEFORE
THE MAYOR & CITY COUNCIL MAY PARTICIPATE IN THE FOLLOWING WAYS:
(1) COMMENTS AND CONTACT INFORMATION CAN BE EMAILED
TO publiccomments@SBCity.Org BY 4:30 P.M. THE DAY OF THE SCHEDULED
MEETING TO BE INCLUDED IN THE WRITTEN RECORD;
(2) CALLING 909-384-5128, LEAVING A RECORDED MESSAGE, BY 4:30 P.M. THE
DAY OF THE SCHEDULED MEETING, NOT TO EXCEED THREE MINUTES, WHICH
WILL THEN BE PLAYED DURING THE PUBLIC COMMENT SECTION OF THE
AGENDA
(3) IF YOU WISH TO MAKE A COMMENT DURING THE PUBLIC HEARING A
REQUEST TO SPEAK CAN BE EMAILED TO publiccomments@SBCity.Org BY 4:30
P.M. THE DAY OF THE SCHEDULED MEETING, AND AT THE TIME OF THE
REQUESTED AGENDA ITEM, THE CITY CLERK WILL PLACE A PHONE CALL TO
THE COMMENTER AND ALLOW THEM TO SPEAK TO THE MAYOR & COUNCIL VIA
SPEAKER PHONE DURING THE LIVE MEETING FOR UP TO THREE MINUTES.
PLEASE INDICATE ON WHICH ITEM YOU WISH TO SPEAK AND INCLUDE YOUR
NAME & PHONE NUMBER.
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Regular Meeting Agenda April 1, 2020
Mayor and City Council of the City of San Bernardino Page 2 Printed 3/31/2020
Theodore Sanchez John Valdivia James Mulvihill
MAYOR PRO-TEM, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Teri Ledoux
COUNCIL MEMBER, W ARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, W ARD 3
CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, W ARD 4 ACTING CITY CLERK
Henry Nickel
COUNCIL MEMBER, W ARD 5
Bessine L. Richard
COUNCIL MEMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o Please contact the City Clerk’s Office (909) 384-5002 two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o All documents for public review are on file with the City Clerk’s Office or may be accessed online by
going to www.sbcity.org.
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Packet Pg. 50 Attachment: Attachment 4 - 2020-04-01 Agenda Cover Page (6926 : Policy on Procedure for Written Public Comments (All Wards))
IMPORTANT
COVID-19
NOTICE
In an effort to protect public health and prevent the spread of COVID-19 and to enable
appropriate social distancing, the Mayor and City Council meeting is not open for public
attendance at this time. All meetings will be held via tele-conference.
To view the live meeting:
Select the link to view the live-stream on the City’s website:
http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2954
or
Spectrum & Frontier customers may view the broadcast on Channel 3.
You may also view the archived video on the City’s website the day after the meeting.
To provide public comments:
Email your written comment to publiccomments@sbcity.org by 4:00 p.m. the day
of the scheduled meeting; or
Call (909)384-5208 and leave a recorded comment not to exceed three (3)
minutes by 4:00 p.m. the day of the scheduled meeting.
The subject line of your email should include the meeting date, whether your
comment is for the Study Session, Closed Session, or Open Session, and whether it
is for public comment or for a specific agenda item.
Example: 09/16/2020 - Open Session - Agenda Item No. 5
To provide public comments for a Public Hearing:
Send an email to publiccomments@sbcity.org by 2:00 p.m. the day of the scheduled
meeting. Include your name, telephone number, and the agenda item number. At the time
of the requested agenda item, the City Clerk will call the commenter. Each person will be
allowed to speak for up to three-minutes.
Written comments will be provided to the Mayor and City Council prior to the meeting and
will be posted online for public review, but will not be read aloud. Voicemail comments will
be played aloud during the appropriate public comment portion of the meeting.
Please note that written & recorded comments received after the deadline will not
be included in the record until the next regular meeting. Recorded comments
received passed the deadline will not be played during the meeting.
To view PowerPoint presentations, written comments, or any revised documents for this
meeting date select the link below:
http://edocs.sbcity.org/WebLink/Browse.aspx?id=4078240&dbid=0&repo=SB
Or visit the City Clerk’s page:
From the City’s homepage www.sbcity.org select the Government category -->City Clerk--
> on the Navigation menu select Search for Records Online --> Council Agendas-->
Current Year 2020--> Meeting Date
Please call the City Clerk’s Office at (909) 384-5002 if you have any questions.
3.e
Packet Pg. 51 Attachment: Attachment 5 - 2020-09-16 Agenda Cover Page (6926 : Policy on Procedure for Written Public Comments (All Wards))
CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR
AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY
WEDNESDAY, SEPTEMBER 16, 2020
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
W EB-CONFERENCE VIA ZOOM • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG
Theodore Sanchez John Valdivia Jim Mulvihill
MAYOR PRO-TEM, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Teri Ledoux
COUNCIL MEMBER, W ARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, W ARD 3
CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, W ARD 4 CITY CLERK
Henry Nickel
COUNCIL MEMBER, W ARD 5
Bessine L. Richard
COUNCIL MEMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o There is a 3 minute time limit, per person, for all comments, excluding public or quasi-judicial
hearings.
o Written comment on any item may also be submitted to the City Clerk to be included in the meeting
record. It will not be read aloud by the City Clerk.
o Please contact the City Clerk’s Office (909) 384-5002 two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o All documents for public review are on file with the City Clerk’s Office or may be accessed online by
going to www.sbcity.org.
3.e
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Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Rebekah Kramer, Assistant City Manager
Subject: Resolutions Establishing the Measure S Citizens Oversight
Committee and Measure S Expenditure Policy
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2020-248 establishing the Measure S Citizens’
Oversight Committee; and adopt Resolution No. 2020-249 establishing the Measure S
Expenditure Policy.
Background
On July 15, 2020, the Mayor and City Council approved the placement of Measure S on
the November 3, 2020 ballot. Measure S, if approved by voters, will establish a 1%
local General Transaction and Use Tax (sales tax) beginning April 1, 2021, replacing
the 0.25% Measure Z sales tax approved by voters on November 7, 2006. If Measure S
is not approved, Measure Z will remain in existence until its March 31, 2022 expiration
date.
On August 19, 2020, the Measure Z Citizens’ Oversight Committee recommended to
the Mayor and Council that clear fiscal policies, reflecting the priorities of the Mayor and
City Council should be developed with regard to the use of Measure S revenues.
Additionally, the Measure Z committee recommended that the roles and responsibilities
of the Citizens’ Oversight Committee be expanded to allow the committee to review the
annual proposed Measure S budget, to ensure that it is in accordance with the Measu re
S Expenditure Policy, and provide recommendations to the Mayor and City Council
during the annual budget process. At the August 19, 2020 , Mayor and City Council
Meeting, the Mayor and City Council directed staff to return with proposed policies that
incorporate the recommendations of the Measure Z Citizens’ Oversight Committee.
On September 23, 2020, a Council workshop was held to review and consider the
proposed Measure S Citizens’ Oversight Committee’s Roles and Responsibilities and
the proposed Measure S Expenditure Policy. The Mayor and City Council directed staff
to modify the proposed Measure S Citizens’ Oversight Committee’s Roles and
Responsibilities to include the stipulation that the committee meet quarterly, and to
return on October 7, 2020, with resolutions to approve the policies. With the exception
of the City Council’s modification to the Measure S Citizens’ Oversight Committee’s
Roles and Responsibilities, the report that follows is unchanged from the report
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presented on September 23, 2020. The Measure Z Citizens’ Oversight Committee
(Measure Z Committee) is scheduled to review the proposed policies on October 5,
2020, after the posting of this meeting’s agenda. Any changes recommended by the
Measure Z Committee on October 5th will be brought forward for consideration by the
Mayor and City Council on October 7th.
Discussed below are resolutions establishing: the Measure S Citizens’ Oversight
Committee (Attachment A) and the Measure S Expenditure Policy (Attachment B).
Discussion
Resolution Establishing the Measure S Citizens’ Oversight Committee (Attachment A)
When Measure Z (the City’s current 0.25% local sales tax) was placed on the ballot on
November 7, 2006, the Mayor and City Council also created a Measure Z Citizens’
Oversight Committee (Ordinance MC-1229). The committee is comprised of nine (9)
members who serve at the pleasure of the Mayor and City Council. Pursuant to
Chapter 2.17 of the Municipal Code, each City Council member nominates one member
serving for the term of the nominating Council member, and the Mayor nominates two
members serving during the term of the Mayor.
On February 20, 2007, the Mayor and Council approved the Measure Z Citizens’
Oversight Committee Roles and Responsibilities. The current roles and respo nsibilities
of the committee are to:
Review annually Measure Z expenditures to ensure that funds are spent in
accordance with Measure YY. Measure YY, also approved by voters in
November 7, 2006, is the advisory measure that accompanied Measure Z and
states that the proceeds of Measure Z should be used for more police officers
and support personnel; and for anti-gang and anti-crime operations including
drug resistance education and supervisory after-school youth activities.
Review an independent audit of Measure Z revenues and expenditures.
Report to the voters of the City at least once a year regarding the committee’s
findings.
The ballot language for Measure S also contemplates citizen oversight. The resolution
establishing the Measure S Citizens’ Oversight Committee stipulates that, contingent
upon voter approval of Measure S, the existing Measure Z Citizens’ Oversight
Committee will be replaced by the Measure S Citizens’ Oversight Committee and the
existing committee members will continue to serve on the new committee through their
established terms.
Additionally, when the Measure Z Citizens’ Oversight Committee met on August 10,
2020, one of their recommendations was to expand their role to allow the committee’s
participation in the review and oversight of planned Measure S expenditures, in addition
to their current role of reviewing and auditing expenditures that have already occurred.
The committee’s recommendations were presented to the Mayor and Council at the
August 19, 2020 Council Meeting where staff was directed to return with a draft policy
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for review. On September 23, 2020, at a Mayor and Council Special Meeting/Study
Session, the Mayor and Council reviewed the Proposed Measure S Citizens’ Oversight
Committee - Roles and Responsibilities and directed staff to modify the proposed policy
to state that the committee will meet at least quarterly.
The proposed roles and responsibilities for the Measure S Citizens’ Oversight
Committee combine elements of the original Measure Z Committee’s roles and
responsibilities, the Measure Z Committee’s recommendations for a more expanded
role in the planning of Measure S expenditures, and the recommendations made by the
City Council on September 23, 2020. The proposed policy is detailed in Attachment “A”
Resolution Establishing the Measure S Citizens’ Oversight Committee.
Resolution Establishing the Measure S Expenditure Policy (Attachment B)
The purpose of the Measure S Expenditure Policy is to establish guidelines for the use
of Measure S proceeds (if approved by voters on November 3, 2020). On August 19,
2020, the Measure Z Citizens’ Oversight Committee recommended to the Mayor and
Council that clear fiscal policies, reflecting the priorities of the Mayor and City Council
should be developed with regard to the use of Measure S revenues. The Mayor and
City Council subsequently directed staff to prepare a proposed expenditure policy for
the Mayor and Council’s consideration.
The guiding principles of the proposed policy are:
1. Measure S expenditures should be consistent with the Measure S ballot
language. Although Measure S is a general purpose transaction and use tax that
may be used for all lawful purposes and general municipal services, the intent of
Measure S as stated in the ballot language is to “prevent reductions to City
services including public safety, 911 emergency response, gang/prostitution
prevention programs, street/pothole repairs, park/library maintenance, youth
after-school, senior and homelessness programs, cleaning public are as,
retaining/attracting businesses, and other general services.”
2. Measure S expenditures should be consistent with the Measure Z Citizens’
Oversight Committee’s recommendations to the Mayor and City Council that
“fiscal policies with regard to Measure S be established to ensure the City’s long-
term fiscal stability, provide clear direction so the City’s finances are managed in
a manner that will provide for the delivery of quality services, ensure a balanced
budget; and establish reserves necessary to meet known and unknown future
obligations.” Additionally and similar to the Measure S ballot language, the
Measure Z Citizens’ Oversight Committee recommended that the use of
proceeds from Measure S be in keeping with the City’s key priorities including a
balanced distribution of resources to support:
Public Safety, emergency response and violence intervention services
Cleaner and safer neighborhoods
Retaining and attracting new businesses
Street, park, and library maintenance improvements
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3. Measure S expenditures should be consistent with the Mayor and City Council’s
established strategic goals and objectives, beginning with the 2020 -2025 Key
Strategic Targets and Goals adopted on January 15, 2020, as summarized below
and detailed in Attachment C:
Financial Stability
Focused, Aligned Leadership and Unified Community
Improved Quality of Life
Economic Growth and Development
4. Measure S expenditures will be considered in the context of maintaining
compliance with the City’s General Fund Reserve Policy adopted on November
21, 2018 (Attachment D).
The resolution establishing the Measure S Expenditure Policy does not recommend
specific set percentages for programs. Rather the approach is that each year during the
budget process, allocation of Measure S proceeds will be considered in the context of
the guiding principles outlined above. It is understood that depending upon the
economy, as the chart below illustrates, actual revenues will fluctuate; therefore, the
amount allocated to qualif ying uses will vary by year depending upon resources
available. In addition to showing the history of Measure Z revenues, it also includes
projections for Measure S revenues through FY 2026-27 when revenues are expected
to reach over $40 million annually.
Measure Z/Measure S Forecast:
As the ballot language states, Measure S should prevent reductions to qualifying
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services. Currently, all of Measure Z proceeds are allocated to public safety services
and the violence intervention program (VIP) which is designed to respond to community
violence as an effort to reduce gun violence in the City, to improve outcomes for those
at highest risk of violence, and to strengthen trust -based working partnerships between
the community and the Police. It is recommende d that, in order to mitigate reductions in
these areas, the level of Measure Z funding currently dedicated to these programs
remain as a baseline for allocation of Measure S funds going forward.
All revenues above this amount will be allocated to qualifying programs and services
annually as part of the annual budget process and in accordance with the guiding
principles consistent with: the Measure S ballot language, the Mayor and City Council’s
adopted Targets and Goals, and the City’s adopted reserves po licy.
The Measure S Expenditure Policy directs the City Manager, as part of the annual
budget process, to prepare a Measure S spending plan for consideration by the Mayor
and Council and also provides for review and input of the annual proposed spending
plan by the Measure S Citizens’ Oversight Committee.
2020-2025 Key Strategic Targets and Goals
Adoption of the Resolution Establishing the Measure S Citizens’ Oversight Committee
(Attachment A); and adoption of the Resolution Establishing the Measure S Expenditure
Policy (Attachment B) align with Key Target No. 1: Financial Stability.
Fiscal Impact
No fiscal impact to the City from the adoption of these resolutions.
Conclusion
Mayor and City Council of the City of San Bernardino, California adopt Resolut ion No.
2020-248 establishing the Measure S Citizens’ Oversight Committee; and adopt
Resolution No. 2020-249 establishing the Measure S Expenditure Policy.
Attachments
Attachment A Resolution No. 2020-248 Establishing a Measure S Citizens’
Oversight Committee
Attachment B Resolution No. 2020-249 Establishing a Measure S Expenditure
Policy
Attachment C Mayor and Council’s Strategic Targets and Goals for 2020 through
2025
Attachment D Resolution 2018-308 establishing the City’s General Fund Reserve
Policy
Ward(s): All
Synopsis of Previous Council Actions:
July 15, 2020 The Mayor and City Council approved placement of a 1% general sales tax
measure on the November 3, 2020 general election ballot.
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August 19, 2020 The Mayor and City Council received the Measure Z Citizens’
Oversight Committee’s report on the use of Measure Z funds for
fiscal years 2016/17 through 2018/19 and the Committee’s
recommendations regarding Measure S. Mayor and Council
directed staff to prepare a draft Measure S expenditure policy.
September 23, 2020 The Mayor and City Council reviewed and considered the
Proposed Measure S Citizens’ Oversight Committee - Roles and
Responsibilities and the Proposed Measure S Expenditure Policy
and directed staff to: make specific modifications to t he Proposed
Measure S Citizens’ Oversight Committee - Roles and
Responsibilities, review with the Measure Z Citizens’ Oversight
Committee the proposed policies, and return to the Mayor and City
Council with the updated resolutions for final adoption, and a
summary of the Measure Z Citizens’ Oversight Committee’s
review.
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Attachment A
RESOLUTION NO. 2020-248
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ESTABLISHING THE MEASURE S CITIZENS’
OVERSIGHT COMMITTEE
WHEREAS, the City Council previously established the Measure Z Citizens’ Oversight
Committee by ordinance to advise the Mayor, City Council, and City Manager regarding the use
of proceeds from Measure Z, the City’s local .25% sales tax measure approved by voters on
November 7, 2006; and
WHEREAS, on July 15, 2020, the City Council approved placement of a 1% local
sales tax measure, entitled Measure S, on the November 3, 2020 ballot; and
WHEREAS, if Measure S is approved by voters on November 3, 2020, Measure Z will
cease and Measure S will take effect; and
WHEREAS, oversight of Measure S proceeds will also be subject to oversight by a
citizen committee which the Council desires to form by enactment of this resolution.
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. The Measure S Citizens’ Oversight Committee’s advisory roles and
responsibilities, serving in an advisory capacity to the Mayor, City Council, and City Manager
shall be as follows:
1. The Measure S Citizens’ Oversight Committee shall meet quarterly.
2. As part of the City’s annual budget process, the Measure S Citizens’ Oversight
Committee will review the City Manager’s proposed Measure S spending plan and
verify that proposed expenditures are in accordance with:
A. Measure S ballot language and the Mayor and Council’s adopted strategic
goals and priorities:
Public Safety, emergency response and violence intervention services
Cleaner and safer neighborhoods
Retaining and attracting new businesses
Street, park, and library maintenance improvements
Youth, senior, and homelessness service programs
4.a
Packet Pg. 59 Attachment: Attachment A Final Resolution Establishing the Measure S Citizens' Oversight Committee (6930 : Resolutions Establishing the
Resolution No. 2020-248
B. The City’s General Fund Reserve Policy adopted by Resolution No. 2018-308
on November 21, 2018.
3. Annually the committee will present to the Mayor and Council the results of their
review of the proposed Measure S spending plan.
4. Upon completion of the City’s annual year-end close and independent audit, the
committee will review staff’s year-end report of Measure S revenues and
expenditures as well as the results of the annual audit of Measure S revenues and
expenditures (to be completed by and independent Certified Public Accounting Firm).
The purpose of the review is to ensure that revenues and expenditures were properly
accounted for and were in accordance with the Mayor and Council’s priorities and
goals as stated above in #2.
5. Annually the committee will present the findings of their review of the annual year-
end report and independent audit to the Mayor and Council.
SECTION 3. The existing members of the Measure Z Citizens’ Oversight Committee
previously established by ordinance shall continue to serve as members of the Measure S
Citizens’ Oversight Committee until they are replaced. Members of the Committee shall be
appointed and serve pursuant to the provisions of Chapter 2.17 of the Municipal Code.
SECTION 4. Each member of the Committee shall serve without compensation. The
Committee shall meet at designated times as needed to allow for participation by its members
and the public. Five members shall constitute a quorum, but a lesser number of members may
adjourn from time to time.
SECTION 5. This Resolution shall take effect upon the approval of Measure S by the
voters on November 3, 2020. If Measure S is not approved by the voters, the existing Measure Z
Citizens’ Oversight Committee will remain in effect until the expiration of Measure Z on March
31, 2022.
4.a
Packet Pg. 60 Attachment: Attachment A Final Resolution Establishing the Measure S Citizens' Oversight Committee (6930 : Resolutions Establishing the
Resolution No. 2020-248
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
4.a
Packet Pg. 61 Attachment: Attachment A Final Resolution Establishing the Measure S Citizens' Oversight Committee (6930 : Resolutions Establishing the
Resolution No. 2020-248
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-248, 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, City Clerk
4.a
Packet Pg. 62 Attachment: Attachment A Final Resolution Establishing the Measure S Citizens' Oversight Committee (6930 : Resolutions Establishing the
Attachment B
RESOLUTION NO. 2020-249
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ESTABLISHING THE MEASURE “S” EXPENDITURE
POLICY
WHEREAS, on July 15, 2020, the City Council approved placement of a 1% local sales
tax measure, entitled Measure S, on the November 3, 2020 ballot; and
WHEREAS, Measure S is a general purpose transaction and use tax that may be used for
all lawful purposes and general municipal services; and
WHEREAS, the intent of Measure S as stated in the ballot language is to “prevent
reductions to City services including public safety, 911 emergency response, gang/prostitution
prevention programs, street/pothole repairs, park/library maintenance, youth after-school, senior
and homelessness programs, cleaning public areas, retaining/attracting businesses, and other
general services”; and
WHEREAS, on January 15, 2020, the Mayor and Council adopted the following Key
Strategic Targets and Goals for 2020 through 2025:
Financial Stability
Focused, Aligned Leadership and Unified Community
Improved Quality of Life
Economic Growth and Development; and
WHEREAS, the Mayor and Council adopted Resolution No. 2018-308 on November 21,
2018 establishing a General Fund Reserve Policy; and
WHEREAS, the Mayor and Council desire to ensure, by enactment of this resolution,
that the expenditure of Measure S proceeds be used in accordance with the Measure S ballot
language, the City’s adopted Key Strategic Targets and Goals, and the City’s adopted General
Fund Reserve Policy.
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. The Measure S Expenditure Guidelines shall be as follows:
1.) In order to provide for greater transparency and accountability in connection with
expenditures of Measure S tax revenues, the City will establish a separate sub -fund of
the General Fund to track all revenues and expenditures related to Measure S.
4.b
Packet Pg. 63 Attachment: Attachment B Final Resolution Establishing Measure S Expenditure Policy (6930 : Resolutions Establishing the Measure S
Resolution No. 2020-249
2.) As part of the City’s annual budget preparation process, the City Manager will bring
forward to both the Measure S Citizens’ Oversight Committee and the Mayor and
Council, a proposed spending plan for Measure S proceeds. The Measure S Citizens’
Oversight Committee will forward their recommendations to the Mayor and Council
for consideration.
3.) Recognizing that Measure S is to prevent further reductions to City services, and in
accordance with the Mayor and Council’s goal of financial stability, allocation of
Measure S revenue will first be considered in the context of preserving existing levels
of service and maintaining compliance with the City’s General Fund Reserve Policy
adopted on November 21, 2018 (resolution 2018-308).
4.) After existing levels of City services are preserved, the remaining Measure S funds
will be proposed for use in support of Mayor and City Council’s adopted strategic
goals and priorities in accordance with the Measure S ballot language and
recommendations of the Measure Z Citizens’ Oversight Committee:
Public Safety, emergency response and violence intervention services
Cleaner and safer neighborhoods
Retaining and attracting new businesses
Street, park, and library maintenance improvements
Youth, senior, and homelessness service programs
5.) The City Manager, as part of the annual budget process, will prepare a list of the
City’s unfunded needs. The most critical needs consistent with the uses outlined in
#4 above will be prioritized and included in the Measure S proposed spending plan.
6.) The cost for the annual audit of Measure S expenditures will be paid from Measure S
proceeds.
SECTION 3. Effective Date. This resolution shall become effective upon approval of
Measure S by the voters on November 3, 2020.
4.b
Packet Pg. 64 Attachment: Attachment B Final Resolution Establishing Measure S Expenditure Policy (6930 : Resolutions Establishing the Measure S
Resolution No. 2020-249
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
4.b
Packet Pg. 65 Attachment: Attachment B Final Resolution Establishing Measure S Expenditure Policy (6930 : Resolutions Establishing the Measure S
Resolution No. 2020-249
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-249, 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, City Clerk
4.b
Packet Pg. 66 Attachment: Attachment B Final Resolution Establishing Measure S Expenditure Policy (6930 : Resolutions Establishing the Measure S
SAN BERNARDINO MAYOR AND CITY COUNCIL 2020-2025 KEY STRATEGIC TARGETS AND GOALS
1.FINANCIAL STABILITY
a.Secure a long-term revenue source
b.Implement, maintain, and update a fiscal accountability plan
c.Create a framework for spending decisions
d.Minimize risk and litigation exposure
e. Create an asset management plan
2.FOCUSED, ALIGNED LEADERSHIP AND UNIFIED COMMUNITY
a.Develop and implement a community engagement plan
b.Build a culture that attracts, retains, and motivates the highest quality talent
3.IMPROVED QUALITY OF LIFE
a.Reduce the burden of homelessness through engagement, collaboration,
and alignment with other entities
b.Develop a customer service initiative
c.Constantly evaluate public safety service delivery models to enhance
the quality of service
4.ECONOMIC GROWTH & DEVELOPMENT
a.Develop a branding and marketing campaign
b.Update the General Plan and Development Code
c.Roll out a strategy to create a 21st century urban core 2020-2025 KEY STRATEGIC TARGETS AND GOALS Attachment C 4.c
Packet Pg. 67 Attachment: Attachment C - Mayor and Council 2020-2025 Key Goals and Objectives (6930 : Resolutions Establishing the Measure S Citizens
CITY OF SAN BERNARDINO
VISION FOR THE FUTURE
WE ENVISION a world class city which capitalizes on its location, the diversity of its
people and its economy to create a broad range of choices for its residents in how
they live, work, and play.
WE ENVISION a thriving city possessing a sustainable system of high-quality education,
community health, public safety, housing, retail, recreation, arts and culture and
infrastructure.
WE ENVISION a vibrant economy with a skilled workforce that attracts employers
who seek the unique opportunities the city has to offer and provide jobs that create
citywide prosperity.
WE ENVISION a model community which is governed in an open and ethical manner,
where all sectors work collaboratively to reach shared goals.
WE ENVISION a city that is recognized as the county’s business and government center
and a home for those seeking a sense of community and the best life has to offer. VISION FOR THE FUTURE 4.c
Packet Pg. 68 Attachment: Attachment C - Mayor and Council 2020-2025 Key Goals and Objectives (6930 : Resolutions Establishing the Measure S Citizens
CITY OF SAN BERNARDINO
JOB STATEMENT
The job of the City of San Bernardino is to create, maintain, and grow economic value
in the community. JOB STATEMENT 4.c
Packet Pg. 69 Attachment: Attachment C - Mayor and Council 2020-2025 Key Goals and Objectives (6930 : Resolutions Establishing the Measure S Citizens
CITY OF SAN BERNARDINO
OPERATING PARADIGM
The City of San Bernardino is a municipal corporation.
The City Council functions as the elected Board of Directors of the corporation, the
Mayor as the Chair of the Board, and the City Manager as the appointed CEO.
The City needs revenue to pay for services and amenities to maintain the
built environment.
Income for the corporation comes directly or indirectly from anyone spending
money in the City. They are investing in San Bernardino.
Each of those investors has a choice whether to spend their money in the City of San
Bernardino or another jurisdiction.
Therefore, the City is in competition for that investment.
The level of service, the amenities, the breadth of choices of lifestyle and the quality
of life help to determine where investors will choose to spend their money.
Every single interaction we have is an opportunity to win or lose that investment. OPERATING PARADIGM 4.c
Packet Pg. 70 Attachment: Attachment C - Mayor and Council 2020-2025 Key Goals and Objectives (6930 : Resolutions Establishing the Measure S Citizens
Resolution No. 2018-308
RESOLUTION NO. 2018-308
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ESTABLISHING A GENERAL FUND RESERVE POLICY
WHEREAS, maintenance of sufficient budget reserves is a central component of sound
financial management practices; and
WHEREAS, the City of San Bernardino annually adopts an operating budget that
allocates resources to City departments for the provision of services to the public; and
WHEREAS, reserves are designed to set aside funding today for future liabilities, capital
projects and capital purchases; assist in maintaining stable service levels in times of
declining revenues and/or unanticipated operating expenditures; and facilitate the
continuation of services in the event of natural disasters or fiscal emergencies; and
WHEREAS, when projected revenue exceeds proposed expenditures, the surplus
increases the balance of available reserves; and
WHEREAS the goal of this policy is to ensure that sufficient resources exist to address
anticipated needs, as well as unanticipated needs that may arise on an infrequent basis.
WHEREAS, a twenty-five reserve is recommended for fiscal stability; such reserve shall
be split between an Emergency Reserve (15%) and an Economic Contingency Reserve
10%); and
WHEREAS, should the General Fund reserves exceed thirty percent, staff will present a
plan to the Mayor and City Council to utilize excess funds consistent with its adopted
Goals which could include special reserves for: capital projects, vehicle, or equipment
purchases not originally planned for the current fiscal year; early repayment of
outstanding debt obligations; or other expenditures of a one-time nature.
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. The Mayor and City Council hereby adopts the "General Fund Reserve
Policy," attached hereto as Exhibit "A" and incorporated herein and made a part of this
Resolution.
SECTION 3. 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 21St
day of November 2018.
Attachment D 4.d
Packet Pg. 71 Attachment: Attachment D - City General Fund Reserve Policy (6930 : Resolutions Establishing the Measure S Citizens Oversight Committee
Resolution No. 2018-308
Ctccd4
R. Carey Da is, Mayor
City of SaWBernardino
Attest:
Georgeann H na, MMC, fy Clerk
Approved as to form:
Gary D. Saenz, City Attorney
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Resolution No. 2018-308
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. 2018-308 adopted at a regular meeting held at the
21St
day of November 2018 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA 1'
SHORETT X
NICKEL
RICHARD !
MULVIHILL
WITNESS my hand and official seal of the City of San Bernardino this 21" day of November
2018.
Georgeann Hinna, MMC, Ci ' Clerk
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Packet Pg. 73 Attachment: Attachment D - City General Fund Reserve Policy (6930 : Resolutions Establishing the Measure S Citizens Oversight Committee
Attachment 1"
City of San Bernardino
General Fund Reserve Policy
Adopted November 21, 2018
I. PURPOSE
To 1) provide a framework for the allocation of available General Fund resources
to various categories of budget reserves and 2) provide guidelines under which
these reserves may be utilized for operating or capital purposes with approval by
the Mayor and City Council.
II. BACKGROUND
Maintenance of sufficient budget reserves is a central component of sound
financial management practices. Reserves are designed to set aside funding
today for future liabilities, capital projects and capital purchases; assist in
maintaining stable service levels in times of declining revenues and/or
unanticipated operating expenditures; and facilitate the continuation of services
in the event of natural disasters or fiscal emergencies.
The City of San Bernardino annually adopts an operating budget that allocates
resources to City departments for the provision of services to the public. To
determine the amount of funds available for appropriation, City management
develops a revenue projection and notes the available reserve balance from the
prior fiscal year. Proposed expenditures are then matched against these
available resources. If proposed expenditures exceed projected revenue,
utilization of available reserves may be used to meet the proposed level of
spending thus decreasing the available reserve. When projected revenue
exceeds proposed expenditures, the surplus increases the opening balance of
available reserves if the budget is not amended to use these surplus funds. The
City also has known capital needs that include facilities, equipment, vehicle, and
infrastructure replacement. This policy's goal is to ensure that sufficient
resources exist to address these anticipated needs, as well as unanticipated
needs that may arise on an infrequent basis.
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III. POLICY
1. General Fund Operating Reserve: It shall be the policy of the City of San
Bernardino to maintain a General Fund operating reserve equal to 25% of
General Fund budget appropriations. This reserve is to be further broken
down as follows:
A. An Emergency Reserve of 15% - This reserve account is established for
the purpose of addressing any extremely unusual and infrequent
occurrences, such as a major natural disaster or a major unforeseen legal
settlement or judgment. Utilization of the Emergency Reserve may only
occur after the declaration of an emergency by a majority of the City
Council. Following the resolution of the emergency, staff must present a
plan to the Mayor and City Council to return the Emergency Reserve to
the 15% minimum level as quickly as is practicable given the unique
circumstances and requirements of each emergency.
B. An Economic Contingency Reserve of 10% - This reserve account is
established for the purpose of providing a mechanism to allow for a
measured and thoughtful reduction in expenditures during times of
economic downturn. Utilization of the Economic Contingency Reserve
requires approval by a majority of the City Council. When it is determined
that the economic downturn has ended and the City's financial condition is
improving, staff is required to present a plan to the Mayor and City Council
to return the economic contingency reserve to the 10% minimum level
over a period of no more than five years.
If the General Fund operating reserve exceeds 30% of General Fund budget
appropriations, staff is required to present a plan to the Mayor and City
Council to utilize excess funds consistent with its adopted Goals and
Objectives to a point that the balance is again consistent with the policy.
Uses could include accelerating funding into the special reserves noted below
in this policy; capital projects, vehicle, or equipment purchases not originally
planned for the current fiscal year; early repayment of outstanding debt
obligations; or other expenditures of a one-time nature.
If an action of the City Council for a reason other than those described above
reduces the General Fund operating reserve balance below the 25% level
required by this policy, staff must include an allocation to reserves in the
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following budget cycle sufficient to restore the reserve balance to the 25%
minimum balance required by this policy.
2. General Fund Special Reserves: It shall be the policy of the City of San
Bernardino to establish General Fund special reserves to provide funding for
future anticipated liabilities and capital needs. These reserves shall be
segregated into the following four accounts:
A. Risk Management Reserve — This reserve account is established to Lund
anticipated liabilities associated with general liability and workers'
compensation claims against the City. Its balance will be initially
determined, and thereafter adjusted, based on the balance of available
reserve funds after meeting the General Fund Operating Reserve
requirement and then giving consideration to both the outstanding balance
of claims as well as to the anticipated timing of claim payments.
B. City Facilities Reserve — This reserve account is established to fund the
cost of replacing city buildings and park facilities. Its balance will be
initially determined, and thereafter adjusted, based on the balance of
available reserve funds after meeting the General Fund Operating
Reserve requirement and then giving consideration to the facilities needs
analysis maintained by the Public Works department.
C. Vehicles and Equipment Reserve — This reserve account is established to
fund the cost of replacing General Fund -funded city vehicles and major
equipment (including technology equipment). Its balance will be initially
determined, and thereafter adjusted, based on the balance of available
reserve funds after meeting the General Fund Operating Reserve
requirement and then giving consideration to the vehicle and equipment
assessment needs analyses maintained by the Fleet division and the
Information Technology department.
D. Infrastructure Reserve — This reserve account is established to provide
additional funding for the cost of replacing city infrastructure such as
roads, sidewalks, and storm drains. These funds are to supplement
dedicated non -General Fund revenue streams and competitive grants that
also fund these types of projects. These funds may also provide for the
match requirement on a grant when other resources are not available. No
specific balance target is spelled out by this policy, but the reserve is
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established for the receipt of funds for this purposes when directed by the
Mayor and City Council.
The goal for General Fund special reserves is to fund at a level sufficient to
address anticipated requirements over a projected period of 30 years, subject to
availability of funds and prioritization of funding between the four categories of
special reserves by the Mayor and City Council. As a part of each annual budget
presented to the Mayor and City Council, staff will update the balances for the
four categories of special reserves and any anticipated utilization or additions to
the General Fund special reserves.
IV. PROCEDURES
At the conclusion of each fiscal year and at each fiscal year's mid -year budget
update, the General Fund reserve levels shall be reviewed by staff and detailed
to the Mayor and City Council. The City Manager shall make recommendations
for additions to or disbursements from the reserve funds consistent with this
policy.
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Page 1
Public Hearing
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Resolution Adopting Mitigated Negative Declaration,
Mitigation Monitoring Program (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1) Adopt Resolution No. 2020-236 of the Mayor and City Council of the City of San
Bernardino, California, adopting the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, and approving General Plan
Amendment 19-03 to change the General Plan Land Use Designation from Open
Space to Industrial of three (3) parcels (APN(S): 0280-151-07, 08, and 09)
containing a total of approximately 13.97 acres (Attachment 1);
2) Introduce, read by title only, and waive further reading of Ordinance No. MC -
1546 of the Mayor and City Council of the City of San Bernardino, California,
approving Development Code Amendment (Zoning Map Amendment) 19 -08 to
change the Zoning District Classification from Public Park (PP) to Industrial light
(IL) of three (3) parcels (APN(S): 0280-151-07, 08, and 09) containing a total of
approximately 13.97 acres, pursuant to a Mitigated Negative Declaration
(Attachment 2);
3) Adopt Resolution No. 2020-237 of the Mayor and City Council of the City of San
Bernardino, California, approving Subdivision 19-16 (Tentative Parcel Map
20189) to consolidate ten (10) parcels into one (1) parcel containing approximately
20.29 acres, and Development Permit Type-D 19-13 to allow the development and
establishment of an industrial warehouse containing approximately 467,125
square feet located southeast corner of S. Foisy Street and E. Central Avenue
(APN(S): 0280-151-02, 03, 04, 05, 06, 07, 08, 09, 20, and 21 ), pursuant to a
Mitigated Negative Declaration (Attachment 3); and
4) Schedule the second reading of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on October 21, 2020.
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Background
The proposed Foisy East Project will be located on a vacant site located at 230 S.
Waterman Avenue, on the northwest corner of S. Waterman Avenue and E. Valley Street.
The proposed General Plan Amendment and Zone Change from Public Park (PP) to
Industrial Light (IL) will make zoning of the subject site consistent and allow for a
development that is compatible with the other warehouse development in the immediate
area.
On September 8, 2020, the Planning Commission, by a vote of 7 -0, adopted Resolution
No. 2020-042 forwarding a recommendation that the Mayor and City Council
(Attachment 5):
1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program; and
2. Approve General Plan Amendment 19-03, Development Code Amendment
(Zoning Map Amendment) 19-08, Subdivision 19-16 (Tentative Parcel Map
20189), and Development Permit Type -D 19-13 based on the Findings of Fact
and subject to the recommended Conditions of Approval.
Discussion
The applicant, Waterman Land Ventures, has submitted an application to the City of
San Bernardino requesting the approval of:
1. General Plan Amendment 19-03 and Development Code Amendment (Zoning Map
Amendment) 19-08 to change the General Plan Land Use Designation from Open
Space to Industrial and the Zoning District Classification from Public Park (PP) to
Industrial Light (IL) of sixteen (3) parcels containing a total of approximately 13.97
acres;
2. Subdivision 19-16 (Tentative Parcel Map 20189) to consolidate ten (10) parcels into
one (1) parcel containing approximately 20.29 acres; and
3. Development Permit Type-D 19-13 to allow the development and establishment of an
industrial warehouse containing approximately 467,125 square feet.
General Plan Amendment/Development Code Amendment (Zoning Map Amendment)
The subject property is comprised of ten (10) individual parcels containing an area
totaling approximately 20.29 acres located along the Central Avenue corridor within the
southeast area of the City of San Bernardino. The project site is located within the
Public Park (PP) and Industrial Light (IL) zones and is comprised primarily of older
existing residential uses and a charter school.
The proposed project is requesting to change the Zoning District Classification of the
project site to Industrial light (IL) in order to allow the development of a new industrial
building.
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The intent of the Public Park (PP) and Industrial Light (IL) zoning designations are
described as follows, pursuant to Chapter 19.08 (Industrial Zones) and Chapter 19.10
(Special Purpose Zones) of the City of San Bernardino Development Code:
PP (PUBLIC PARK) ZONE IL (INDUSTRIAL LIGHT) ZONE
The purpose of this zone is to provide for
the continuation and enhancement of
existing public parks and open space and
development of new parks and recreation
facilities.
This zone is intended to retain, enhance,
and intensify existing and provide for the
new development of lighter industrial
uses along major vehicular, rail, and air
transportation routes serving the City.
Analysis
The proposed project meets the Development Standards outlined in the City of San
Bernardino Development Code for the Industrial Light (IL) zone for warehouse
development, subject to approval of the associated General Plan Amendment and
Development Code Amendment (Zoning Map Amendment).
Land Use. The proposal consists of the construction of an approximately 467,125
square foot high cube warehouse facility on a site containing approximately 20.29
acres. Approximately 20,000 square feet of the building will be used for offices with the
remainder dedicated for a high cube warehouse facility. This project is proposed as a
speculative business with no specific tenant, but has been designed specifically for use
as a high cube warehouse facility. No intensive manufacturing uses would be permitted
within the Industrial Light (IL) zone.
Architecture. The architectural design of the proposed building is highlighted by the
prominent corner elements. Significant vertical and horizontal articulation has been
provided to reduce the massing of the building elevations. Additionally, glazed windows
have been added to complement the existing development located near the subject site.
Site Design/Access. The project site, as proposed, has direct access from two (2) new
driveways located along S. Foisy Street and two (2) driveways along E. Central Avenue.
The internal site circulation has been designed to adequately accommodate on -site
vehicular circulation and access to the off -street parking areas. Designated "paths of
travel" have also been provided to ensure pedestrian safety.
Off-Street Parking. The project has been designed to provide a total of 385 parking
stalls on site, whereas 374 parking spaces are required. A total of 236 stalls have been
provided for vehicular parking, and the remaining 149 for truck and trailer parking.
Landscaping. Landscaped planters will be provided surrounding the project site with
particular emphasis throughout the vehicular parking area along E. Central Avenue and
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screening the truck court fronting S. Foisy Street. A total of 61,472 square feet of the
setbacks and parking areas will be landscaped.
Traffic. The City's Traffic Engineering Division has reviewed the traffic study prepared
for proposed project and concluded that the project will have no significant impacts on
the surrounding roadways or intersections.
General Plan Goals and Policies
The City of San Bernardino General Plan includes goa ls and policies to guide future
development within the City, including the following:
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.
General Plan Community Design Element Goal 5.4: Ensure individual projects
are well designed and maintained.
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 above General Plan goals and policies in that the
proposed development has been designed with quality architectural treatments.
Redevelopment of the site will be done in a manner that will enhance the physical and
visual qualities of the subject property through significant landscaping, thereby
enhancing the aesthetics of the surrounding area. Additionally, through this proposal
the existing property will be transformed from an underutili zed property into a
development that meets the City’s economic development goals, while satisfying the
Development Code requirements, and will be adequately regulated through the
Conditions of Approval in order to minimize potential impacts.
California Environmental Quality Act
In accordance with §15063 (Initial Study) of the California Environmental Quality Act
(CEQA), the applicant submitted and the Planning Division accepted an Initial
Study/Mitigated Negative Declaration prepared in connection with Gen eral Plan
Amendment 19-01, Development Code Amendment (Zoning Map Amendment) 19 -05,
Subdivision 19-16 (Tentative Parcel Map 20120) and Conditional Use Permit 19 -10.
Accordingly, pursuant to §15072 (Notice of Intent to Adopt a Negative Declaration or
Mitigated Negative Declaration) of CEQA, a Notice of Intent to Adopt a Mitigated
Negative Declaration for General Plan Amendment 19 -03, Development Code
Amendment (Zoning Map Amendment) 19-08, Subdivision 19-16 (Tentative Parcel Map
20189), and Development Permit Type-D 19-13 (“Project”) was posted on June 30,
2020 for the CEQA-mandated twenty (20) day public review and comment period.
During the CEQA-mandated twenty (20) day public review and comment period for the
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Draft Initial Study/Mitigated Negative Declaration for the Project, comments were
received in response to Draft Initial Study/Mitigated Negative Declaration Responses
from the South Coast Air Quality Management District. Responses to the comments
were prepared and included in the Final Initial Study/Mitigated Negative Declaration
(Attachment 4). Additionally, the project includes a Mitigation Monitoring and Reporting
Program that incorporates all necessary measures to ensure that the proposed
development does not create undue impacts in the vicinity o f the project site
(Attachment 1, Exhibit A).
2020-2025 Key Strategic Targets and Goals
General Plan Amendment 19-03, Development Code Amendment (Zoning Map
Amendment) 19-08, Subdivision 19-16 (Tentative Parcel Map 20189), and Development
Permit Type-D 19-13 aligns with Key Target No. 4: Economic Growth & Development.
The proposed development will rezone an existing property to Industrial to create
consistency within the project area, and develop a new industrial warehouse that will
provide an economic benefit to the City.
Fiscal Impact
Development impact fees associated with the development of the project will be
approximately $967,000. City services will be provided to this project similar to other
industrial developments in the City and surrounding area.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1) Adopt Resolution No. 2020-236 of the Mayor and City Council of the City of San
Bernardino, California, adopting the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, and approving General Plan
Amendment 19-03 to change the General Plan Land Use Designation from Open
Space to Industrial of three (3) parcels (APN(S): 0280-151-07, 08, and 09)
containing a total of approximately 13.97 acres (Attachment 1);
2) Introduce, read by title only, and waive further reading of Ordinance No. MC -
1546 of the Mayor and City Council of the City of San Bernardino, California,
approving Development Code Amendment (Zoning Map Amendment) 19-08 to
change the Zoning District Classification from Public Park (PP) to Industrial light
(IL) of three (3) parcels (APN(S): 0280-151-07, 08, and 09) containing a total of
approximately 13.97 acres, pursuant to a Mitigated Negative Declaration
(Attachment 2);
3) Adopt Resolution No. 2020-237 of the Mayor and City Council of the City of San
Bernardino, California, approving Subdivision 19-16 (Tentative Parcel Map
20189) to consolidate ten (10) parcels into one (1) parcel containing approximately
20.29 acres, and Development Permit Type-D 19-13 to allow the development and
establishment of an industrial warehouse containing approximately 467,125
square feet located southeast corner of S. Foisy Street and E. Central Avenue
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(APN(S): 0280-151-02, 03, 04, 05, 06, 07, 08, 09, 20, and 21), pursuant to a
Mitigated Negative Declaration (Attachment 3); and
4) Schedule the second reading and adoption of the above Ordinance for the
regularly scheduled meeting of the Mayor and City Council on October 21, 2020.
Attachments
Attachment 1 Resolution No. 2020-236 - Adopting MND / MMRP and Approving
General Plan Amendment 19-03; Exhibit A - MND; Exhibit B - Site
Map
Attachment 2 Ordinance No. MC-1546 - Approving Development Code
Amendment [Zoning Map Amendment] 19-08; Exhibit A - Site Map
Attachment 3 Resolution No. 2020-237 - Approving Subdivision 19-08 [Tentative
Parcel Map 20189] and Development Permit Type-D 19-13; Exhibit
A - Parcel Map; Exhibit B - MND
Attachment 4 Final Initial Study/Mitigated Negative Declaration, dated August 27,
2020
Attachment 5 Planning Commission Resolution No. 2020-042
Attachment 6 Planning Commission Staff Report, dated September 8, 2020
Attachment 7 PowerPoint
Ward: 3
Synopsis of Previous Council Actions: N/A
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RESOLUTION NO. 2020-236
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM, AND APPROVING GENERAL
PLAN AMENDMENT 19-03 TO CHANGE THE GENERAL
PLAN LAND USE DESIGNATION FROM OPEN SPACE TO
INDUSTRIAL OF THREE (3) PARCELS (APN(S): 0280-151-07,
08, AND 09) CONTAINING A TOTAL OF
APPROXIMATELY 13.97 ACRES
WHEREAS, together, General Plan Amendment 19-03, Development Code Amendment
(Zoning Map Amendment) 19-08, Subdivision 19-16 (Tentative Parcel Map 20189), and
Development Permit Type-D 19-13 constitute the Foisy East Project (“Project”); and
WHEREAS, General Plan Amendment 19-03 is a request to allow the change of the
General Plan Land Use Designation from Open Space to Industrial of three (3) parcels
containing a total of approximately 13.97 acres; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public
Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code
of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency
for the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines section
15073, preparation of a Mitigated Negative Declaration was the appropriate environmental
review procedure under CEQA, because all potentially significant impacts of the Project can be
mitigated to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and
Reporting Program (“MMRP”), attached hereto as Exhibit A, were prepared for the Project; and
WHEREAS, on June 29, 2020, in accordance with State CEQA Guidelines Sections
15072 and 15073, a Notice of Intent to Adopt a Mitigated Negative Declaration (“NOI”) was
mailed to all organizations and individuals who previously requested such notice in writing, and
notice was also made by way of publication consistent with CEQA’s requirements; and
WHEREAS, on June 30, 2020, in accordance with State CEQA Guidelines Section
15072(d), the NOI was also posted by the Clerk for the County of San Bernardino Board of
Supervisors to begin the 20-day public review period; and
WHEREAS, on September 8, 2020, the Planning Commission of the City of San
Bernardino held a duly-noticed public hearing to consider public testimony and the staff report,
and adopted Resolution No. 2020-042 recommending the adoption of the Mitigated Negative
Declaration, and the approval of General Plan Amendment 19-03, Development Code
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Resolution No. 2020-236
2
Amendment (Zoning Map Amendment) 19-08, Subdivision 19-16 (Tentative Parcel Map 20189),
and Development Permit Type-D 19-13 to the Mayor and City Council; and
WHEREAS, notice of the October 7, 2020 public hearing for the Mayor and City
Council's consideration of this proposed Resolution was published in The Sun newspaper on
September 25, 2020, and was mailed to property owners within a 500 foot radius of the project
site in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City
Council, and no additional information submitted to the City Council, has produced substantial
new information requiring substantial revisions that would trigger recirculation of the MND or
additional environmental review under State CEQA Guidelines section 15073.5; and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and
Chapter 19.50 (General Plan Amendments) of the City of San Bernardino Development Code,
the Mayor and City Council have the authority to take action on General Plan Amendment 19-
01.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Compliance with the California Environmental Quality Act. The Mayor
and City Council having independently reviewed and analyzed the record before it, including the
adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and
written and oral testimony, and having exercised their independent judgment, find that there is no
substantial evidence supporting a fair argument that approval of the Project will result in a
significant effect on the environment.
SECTION 3. Adoption of the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program. Based upon the findings made herein and their independent
judgment and analysis, the Mayor and City Council hereby adopt the Mitigated Negative
Declaration for the Project, and the Mitigation Monitoring and Reporting Program, attached
hereto as Exhibit A. The Mayor and City Council hereby impose each mitigation measure as a
condition of approval of the Project, in accordance with CEQA and the State CEQA Guidelines.
SECTION 4. Findings of Fact – General Plan Amendment 19-03:
Finding No. 1: The proposed amendment is internally consistent with the General Plan.
Finding of Fact: The proposed amendment will change the General Plan Land Use
Designation from Open Space to Industrial for approximately 13.97 acres
out of the total project site. The Industrial Land Use Designation is
intended to provide for the development of projects involving
manufacturing, distribution, research and development, and office uses.
The proposed amendment will allow for the development and
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Resolution No. 2020-236
3
establishment of an industrial warehouse building on a substantially
vacant property surrounded by other existing warehouse development.
Therefore, the proposed project 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.
General Plan Community Design Element Goal 5.4:
Ensure individual projects are well designed and
maintained.
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.
Finding No. 2: The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact: The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City in that the proposed
amendment to change the General Plan Land Use Designation of the
approximately 13.97 acres of the project site from Open Space to
Industrial will facilitate the development of an industrial warehouse
building. The project site is generally flat, with access from S. Foisy Street
and E. Central Avenue, fully served by utility providers, and will not
result in the need for the excessive provision of services. Additionally, any
potential impacts created by the proposed amendment have been
addressed in the Final Initial Study/Mitigated Negative Declaration and
appropriate mitigation measures have been included within the Mitigation
Monitoring and Reporting Program.
Finding No. 3: The proposed amendment would maintain the appropriate balance of land
uses within the City.
Finding of Fact: The proposed amendment would result in the entirety of the project site
having the Industrial General Plan Land Use Designation, which upon
consolidation of the property will allow for the development of an
industrial warehouse building on a property surrounded by existing
industrial development, thereby helping to maintain an appropriate
balance of land uses within the City.
5.a
Packet Pg. 86 Attachment: CED.GPA19-03.FOISY.A1.Resolution (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Resolution No. 2020-236
4
Finding No. 4: The subject parcels are physically suitable (including, but not limited to,
access, provision of utilities, compatibility with adjoining land uses, and
absence of physical constraints) for the requested land use designation and
the anticipated land use development.
Finding of Fact: The project site is currently comprised of ten (10) parcels that are
proposed to be consolidated into a single parcel containing approximately
20.29 acres. The project site is generally flat, with access from S. Foisy
Street and e. Central Avenue. Utilities are available directly from the
adjacent rights-of-way. The project site is sufficient in size to meet
parking, loading, and landscaping requirements for the proposed project.
There are no physical constraints on the site, such as steep slopes or
watercourses.
SECTION 5. General Plan Amendment 19-03 to change the General Plan Land Use
District from Open Space to Industrial of three (3) parcels (APN(S): 0281-151-07, 08, and 09),
attached hereto and incorporated herein by reference as Exhibit B, is hereby approved.
SECTION 6. The documents and materials associated with this Resolution and that
constitute the record of proceedings on which these findings are based are located at 290 North D
Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings.
SECTION 7. Notice of Determination: The Planning Division of the Community and
Economic Development Department is hereby directed to file a Notice of Determination with the
County Clerk of the Board of Supervisors 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 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.
SECTION 9. 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 ___ day of _________, 2020.
John Valdivia, Mayor
City of San Bernardino
5.a
Packet Pg. 87 Attachment: CED.GPA19-03.FOISY.A1.Resolution (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Resolution No. 2020-236
5
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
5.a
Packet Pg. 88 Attachment: CED.GPA19-03.FOISY.A1.Resolution (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Resolution No. 2020-236
6
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held at 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, City Clerk
5.a
Packet Pg. 89 Attachment: CED.GPA19-03.FOISY.A1.Resolution (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 1 August 27, 2020
FOISY EAST PROJECT IS/MND
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
Biological Resources
MM BIO-1: Bird nesting season generally extends from
February 1 through September 15 in southern California and
specifically, April 15 through August 31 for migratory
passerine birds. To avoid impacts to nesting birds (common
and special status) during the nesting season, a qualified
Avian Biologist will conduct pre‐construction Nesting Bird
Surveys (NBS) prior to project‐related disturbance to
nestable vegetation to identify any active nests. If no active
nests are found, no further action will be required.
If an active nest is found, the biologist will notify the City, and
will set appropriate no‐work buffers around the nest which
will be based upon the nesting species, its sensitivity to
disturbance, nesting stage and expected types, intensity and
duration of disturbance. The nests and buffer zones shall be
field checked weekly by a qualified biological monitor. The
approved no‐work buffer zone shall be clearly marked in the
field, within which no disturbance activity shall commence
until the qualified biologist has determined the young birds
have successfully fledged and the nest is inactive. The
biologist shall file a closure letter with the City once the no
disturbance period has ended.
Prior to
initiating
ground-
disturbing
activities
Pre-
construction
inspection
Community
Development
Department
Qualified
Biologist
Cultural Resources
MM CUL-1: In the event that cultural resources are
discovered during project activities, all work in the immediate
vicinity of the find (within a 60-foot buffer) shall cease, the
City shall be notified, and a qualified archaeologist meeting
Secretary of Interior standards shall be hired to assess the
During ground-
disturbing
activities
Site monitoring Qualified
Archaeologist
5.b
Packet Pg. 90 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6923 : Resolution Adopting Mitigated
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 2 August 27, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
find. Work on the other portions of the project outside of the
buffered area may continue during this assessment period.
Additionally, the San Manuel Band of Mission Indians Cultural
Resources Department (SMBMI) shall be contacted, as
detailed within TCR-1, regarding any pre-contact and/or
post-contact finds and be provided information after the
archaeologist makes his/her initial assessment of the nature
of the find, so as to provide Tribal input to the City with
regards to significance and treatment..
MM CUL-2: If significant pre-contact and/or post-contact
cultural resources, as defined by CEQA (as amended, 2015),
are discovered and avoidance cannot be ensured, the
archaeologist shall develop a Monitoring and Treatment
Plan, the drafts of which shall be provided to SMBMI and the
City for review and comment, as detailed within TCR-1. The
archaeologist shall monitor the remainder of the project and
implement the Plan accordingly.
During ground-
disturbing
activities
Site monitoring Qualified
Archaeologist
MM CUL-3: If human remains or funerary objects are
encountered during any activities associated with the
project, work in the immediate vicinity (within a 100-foot
buffer of the find) shall cease, the City shall be notified, and
the County Coroner shall be contacted pursuant to State
Health and Safety Code §7050.5 and that code enforced for
the duration of the project.
During ground-
disturbing
activities
Site monitoring Community
Development
Department
Qualified
Archaeologist
Geology and Soils
MM GEO-1: Paleontological Resources. Any deep
excavations (i.e., over 5 feet in depth) in the proposed Project
area must be monitored by a qualified paleontologist. In the
event of an inadvertent discovery, the following measures
shall apply:
1) Upon discovery of an unearthed fossil, earthwork within
the vicinity of the discovery shall immediately halt, and a
During
construction
Site monitoring
Site Inspection
Qualified
Paleontologist
5.b
Packet Pg. 91 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6923 : Resolution Adopting Mitigated
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 3 August 27, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
qualified paleontologist should evaluate the discovery.
Earthwork shall be diverted until the significance of the
fossil discovery can be assessed by the qualified
paleontologist.
2) If the fossil discovery is deemed significant, the fossil shall
be recovered using appropriate recovery techniques based
on the type, size, and mode of preservation of the
unearthed fossil.
3) Earthwork may resume in the area of the fossil discovery
once the fossil has been recovered, and the qualified
paleontologist deems the site has been mitigated to the
extent necessary. Additional earthwork following the fossil
discovery may be monitored for paleontological resources
on an as-needed basis, at the discretion of the qualified
paleontologist.
4) Recovered fossils shall be prepared, identified,
catalogued, and stored in a recognized professional
repository along with associated field notes, photographs,
and compiled fossil locality data. For projects in San
Bernardino County the recommended designated repository
is the San Bernardino County Museum. Donation of the
fossils should be accompanied by financial support for initial
specimen curation and storage.
5) A final summary report should be completed that outlines
the results of the mitigation program. This report should
include discussions of the methods used, stratigraphic
section(s) exposed, fossils collected, and significance of
recovered fossils. This report shall be submitted to
appropriate agencies (e.g., project proponent, City of San
Bernardino), as well as to the designated repository.
Site Monitoring
Qualified
Paleontologist
Qualified
Paleontologist
Qualified
Paleontologist
Archaeological
Monitor, Tribal
monitor
Qualified
Paleontologist
Hazards and Hazardous Materials
5.b
Packet Pg. 92 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6923 : Resolution Adopting Mitigated
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 4 August 27, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
MM HAZ-1: A hazardous spill prevention plan shall be
prepared by the Applicant and submitted to the City for
approval to minimize the likelihood of a spill shall be
prepared prior to construction. The plan shall state the
actions that would be required if a spill occurs to prevent
contamination of surface waters and provide for cleanup
of the spill. The plan shall follow Federal, state, and local
safety guidelines and standards to avoi d increased
exposure to these pollutants.
Prior to
construction
start
Develop
Hazardous Spill
Prevention plan
Community
Development
Department
MM HAZ-2: If a contaminated area is encountered during
construction, construction shall cease in the vicinity of the
contaminated area. The construction contractor shall notify
all appropriate authorities, including the EPA and the City. If
necessary, the contaminated site shall be remediated to
minimize the potential for exposure of the public and to allow
the Project to be safety constructed.
During
Construction
Construction
halt
Authority
Notification
Community
Development
Department
Noise
MM NOI-1: During all project site excavation and grading, the
construction contractors shall equip all construction
equipment, fixed or mobile, with properly operating and
maintained mufflers, consistent with the manufacturers’
standards. The construction contractors shall place all
stationary construction equipment so that emitted noise is
directed away from the noise sensitive receptors (residences)
nearest the Project site.
During
Construction
Continuously
implemented
via
manufacture
standards.
Community
Development
Department
Construction
Manager
Tribal Cultural Resources
MM TCR-1: The San Manuel Band of Mission Indians Cultural
Resources Department (SMBMI), the Gabrieleno Band of
Mission Indians, and the City, shall be contacted, as detailed in
CR-1, of any pre-contact and/or post-contact cultural resources
discovered during project implementation, and be provided
Prior to the
issuance of any
ground
disturbance-
related permits
Develop Tribal
Monitoring
Plan; Site
monitoring
Archaeological
Monitor, Tribal
monitor, and
Community
5.b
Packet Pg. 93 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6923 : Resolution Adopting Mitigated
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 5 August 27, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
information regarding the nature of the find, so as to provide
Tribal input with regards to significance and treatment. Should
the find be deemed significant, as defined by CEQA (as
amended, 2015), a cultural resource Monitoring and Treatment
Plan shall be created by the archaeologist, in coordination with
SMBMI, the Gabrieleno Band of Mission Indians and the City,
and all subsequent finds shall be subject to this Plan. This Plan
shall allow for a monitor to be present that represents SMBMI
for the remainder of the project, should SMBMI elect to place
a monitor on-site.
(such as grading
permits); during
grading.
Develop
Cultural
Resource
Monitoring and
Treatment Plan
Development
Department
MM TCR-2: Any and all archaeological/cultural documents
created as a part of the Project (isolate records, site records,
survey reports, testing reports, etc.) shall be supplied to the
applicant, and the City, for dissemination to SMBMI, and the
Gabrieleno Band of Mission Indians. The City and/or applicant
shall, in good faith, consult with SMBMI and the Gabrieleno
Band of Mission Indians throughout the life of the project.
Prior to the
issuance of any
ground
disturbance-
related permits
(such as grading
permits); during
grading
Develop Tribal
Monitoring
Plan; Site
monitoring
Community
Development
Department
5.b
Packet Pg. 94 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6923 : Resolution Adopting Mitigated
PROJECT: GPA 19-03
CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM
OPEN SPACE TO INDUSTRIAL OF THREE (3) PARCELS (APN(S):
0280-151-07, 08, AND 09) CONTAINING A TOTAL OF
APPROXIMATELY 13.97 ACRES
NORTH
EXHIBIT B – GENERAL PLAN AMENDMENT
PROJECT SITE
5.c
Packet Pg. 95 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitB (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring
ORDINANCE MC-1546
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT
(ZONING MAP AMENDMENT) 19-08 TO CHANGE THE
ZONING DISTRICT CLASSIFICATION FROM PUBLIC
PARK (PP) TO INDUSTRIAL LIGHT (IL) OF THREE (3)
PARCELS (APN(S): 0281-151-07, 08, AND 09) CONTAINING
A TOTAL OF APPROXIMATELY 13.97 ACRES,
PURSUANT TO A MITIGATED NEGATIVE
DECLARATION
WHEREAS, together, General Plan Amendment 19-03, Development Code Amendment
(Zoning Map Amendment) 19-08, Subdivision 19-16 (Tentative Parcel Map 20189), and
Development Permit Type-D 19-13 constitute the Foisy East Project (“Project”); and
WHEREAS, Development Code Amendment (Zoning Map Amendment) 19-08 is a
request to allow the change of the Zoning District Classification from Public Park (PP) Industrial
Light (IL) of three (3) parcels containing a total of approximately 13.97 acres; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public
Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code
of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency
for the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section
15073, preparation of a Mitigated Negative Declaration was the appropriate environmental
review procedure under CEQA, because all potential significant impacts of the Project can be
mitigated to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and
Reporting Program (“MMRP”) were prepared for the Project; and
WHEREAS, on September 8, 2020, the Planning Commission of the City of San
Bernardino held a duly-noticed public hearing to consider public testimony and the staff report,
and adopted Resolution No. 2020-042 recommending the adoption of the Mitigated Negative
Declaration, and the approval of General Plan Amendment 19-03, Development Code
Amendment (Zoning Map Amendment) 19-08, Subdivision 19-16 (Tentative Parcel Map 20189),
and Development Permit Type-D 19-13 to the Mayor and City Council; and
WHEREAS, notice of the October 7, 2020 public hearing for the Mayor and City
Council's consideration of this proposed Ordinance was published in The Sun newspaper on
September 25, 2020, and was mailed to property owners within a 500 foot radius of the project
site in accordance with Development Code Chapter 19.52 (Hearings and Appeals); and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City
Council, and no additional information submitted to the City Council, has produced substantial
5.d
Packet Pg. 96 Attachment: CED.GPA19-03.FOISY.A2.Ordinance (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Ordinance MC-1546
new information requiring substantial revisions that would trigger recirculation of the MND or
additional environmental review under State CEQA Guidelines Section 15073.5; and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and
Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the
Mayor and City Council have the authority to take action on Development Code Amendment
(Zoning Map Amendment) 19-08; and
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 by this
reference.
SECTION 2. Compliance with the California Environmental Quality Act. The City
Council having independently reviewed and analyzed the record before it, including the adopted
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written
and oral testimony, and having exercised their independent judgment, finds that there is no
substantial evidence supporting a fair argument that approval of the Project will result in a
significant effect on the environment.
SECTION 3. Finding of Facts – Development Code Amendment (Zoning Map
Amendment) 19-08
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: The proposed amendment will result in removing the existing Public Park
(PP) Zoning District classification from the project site, resulting in the
entire site having the Industrial Light (IL) Zoning District classification.
The Industrial Light (IL) 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 Zoning District classification would provide a single zone over the
entire 20.29 acre property and would allow the development and
establishment of an industrial warehouse building containing
approximately 467,125 square feet, 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 Zoning District classification
from Public Park (PP) 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.
5.d
Packet Pg. 97 Attachment: CED.GPA19-03.FOISY.A2.Ordinance (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Ordinance MC-1546
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, and
surrounding exemplary architectural styles.
Policy 5.7.6 encourages architectural detailing, which
includes richly articulated surfaces rather than plain or
blank walls.
The project site is flat and has been disturbed. The site is
surrounded by light industrial businesses, vacant lots and
nonconforming single-family residential properties. The
proposed project will result in the construction of a 467,125
square foot industrial 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 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
frontages, consistent with these policies.
Therefore, the proposed amendment is consistent with the General Plan.
Finding No. 2: The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact: The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City in that the amendment
from Public Park (PP) to Industrial Light (IL) will facilitate the
development of an industrial warehouse building, which is consistent with
the light industrial uses within the project vicinity. The project site has
direct access from S. Foisy Street and E. Central Avenue, will be fully
served by utility providers, will be constructed in accordance with all
applicable codes and regulations, and will not result in the need for the
excessive provision of services. Additionally, any potential impacts
created by the proposed amendment have been addressed in the Final
Initial Study/Mitigated Negative Declaration and appropriate mitigation
measures have been included within the Mitigation Monitoring and
Reporting Program.
Finding No. 3: The proposed amendment would maintain the appropriate balance of land
uses within the City.
Finding of Fact: The proposed amendment will result in removing the existing Public Park
(PP) Zoning District classification from the project site, resulting in the
entire site having the Industrial Light (IL) Zoning District classification.
5.d
Packet Pg. 98 Attachment: CED.GPA19-03.FOISY.A2.Ordinance (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Ordinance MC-1546
The proposed amendment will result in transforming an underutilized site
into an industrial warehouse building containing approximately 467,125
square feet in order to capitalize on the City’s transportation and locational
strengths and will encourage economic development and provide
employment opportunities to the City’s residents. Therefore, the proposed
amendment will not change the balance of land uses within the City due to
the fact that the Industrial Light (IL) Zoning District classification to allow
an industrial development on a parcel adjacent to and directly across the
street from other large parcels of land designated for industrial uses and
create greater consistency with the surrounding properties and provide for
an appropriate balance of land uses within the City limits.
Finding No. 4: The subject parcels are physically suitable (including, but not limited to,
access, provision of utilities, compatibility with adjoining land uses, and
absence of physical constraints) for the requested land use designation and
the anticipated land use development.
Finding of Fact: The proposed industrial warehouse building containing approximately
467,125 square feet along is permitted within the Industrial Light (IL)
Zone, subject to the approval of General Plan Amendment 19-03,
Development Code Amendment (Zoning Map Amendment) 19 -08,
Subdivision 19-16 (Tentative Parcel Map 20189), and Development
Permit Type-D 19-13 with the appropriate Conditions of Approval, and
Mayor and City Council adoption of the Mitigated Negative Declaration.
The subject site as an industrial development is sufficient in size to
accommodate the project as proposed as required by the City of San
Bernardino Development Code for Industrial Zones. Therefore, the subject
site is physically suitable for the proposal.
SECTION 4. Development Code Amendment (Zoning Map Amendment) 19-08 to
change the Zoning District Classification from Public Park (PP) to Industrial Light (IL) of three
(3) parcels (APN(S): 0281-151-07, 08, and 09), attached hereto and incorporated herein by
reference as Exhibit A, is hereby approved.
SECTION 5. Notice of Determination: The Planning Division of the Community and
Economic Development Department is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino within five (5) working days of final project
approval certifying the City’s compliance with the California Environmental Quality Act in
approving the Project.
SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance 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 Ordinance 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.
5.d
Packet Pg. 99 Attachment: CED.GPA19-03.FOISY.A2.Ordinance (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Ordinance MC-1546
SECTION 7. Effective Date. This Ordinance 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 Ordinance 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 Council and signed by the Mayor and attested
by the City Clerk this ___ day of _________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
5.d
Packet Pg. 100 Attachment: CED.GPA19-03.FOISY.A2.Ordinance (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Ordinance MC-1546
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1546, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the __ day of _____________, 2020. Ordinance No. MC-
1546 was approve passed and adopted at a regular meeting held 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, City Clerk
5.d
Packet Pg. 101 Attachment: CED.GPA19-03.FOISY.A2.Ordinance (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
PROJECT: DCA (ZMA) 19-08
CHANGE THE ZONING DISTRICT CLASSIFICATION FROM PUBLIC
PARK (PP) TO INDUSTRIAL LIGHT (IL) OF THREE (3) PARCELS
(APN(S): 0280-151-07, 08, AND 09) CONTAINING A TOTAL OF
APPROXIMATELY 13.97 ACRES
NORTH
EXHIBIT A – DEVELOPMENT CODE AMENDMENT (ZONING MAP AMANDMENT)
PROJECT SITE
5.e
Packet Pg. 102 Attachment: CED.GPA19-03.FOISY.A2.Ordinance.ExhibitA (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring
RESOLUTION NO. 2020-237
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING SUBDIVISION 19-08 (TENTATIVE PARCEL
MAP 20189) TO CONSOLIDATE TEN (10) PARCELS INTO
ONE (1) PARCEL CONTAINING APPROXIMATELY 20.29
ACRES, AND DEVELOPMENT PERMIT TYPE-D 19-13 TO
ALLOW THE DEVELOPMENT AND ESTABLISHMENT OF
AN INDUSTRIAL WAREHOUSE CONTAINING
APPROXIMATELY 467,125 SQUARE FEET ON A
PROPERTY LOCATED ON THE SOUTHEAST CORNER
OF S. FOISY STREET AND E. CENTRAL AVENUE
(APN(S): 0280-151-02, 03, 04, 05, 06, 07, 08, 09, 20 AND 21),
PURSUANT TO A MITIGATED NEGATIVE DECLARATION
WHEREAS, on November 7, 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 19.66 (Subdivision Maps), and Chapter 19.44 (Development Permits) an
application for General Plan Amendment 19-03, Development Code Amendment (Zoning Map
Amendment) 19-08, Subdivision 19-16 (Tentative Parcel Map 20189), and Development Permit
Type-D 19-13was duly submitted by:
Property Owner: Various
Project Applicant: Waterman Land Ventures, LLC
4450 MacArthur Boulevard, Suite 100
Newport Beach, CA 92660
Property Address: Southeast corner of S. Foisy Street and E. Central Avenue.
APN(S): 0280-151-02, 03, 04, 05, 06, 07, 08, 09, 20 and 21
Lot Area: 20.29 acres
WHEREAS, together, General Plan Amendment 19-03, Development Code Amendment
(Zoning Map Amendment) 19-08, Subdivision 19-16 (Tentative Parcel Map 20189), and
Development Permit Type-D 19-13 constitute the Foisy East Project (“Project”); and
WHEREAS, Subdivision 19-08 (Tentative Parcel Map 20189) is a request to consolidate
ten (10) parcels into one (1) parcel containing approximately 20.29 acres, and Development Permit
Type-D 19-13 is a request to allow the development and establishment of an industrial
warehouse containing approximately 467,125 square feet; and
WHEREAS, the Planning Division of the Community and Economic Development
Department of the City of San Bernardino has reviewed General Plan Amendment 19-03,
Development Code Amendment (Zoning Map Amendment) 19-08, Subdivision 19-16 (Tentative
Parcel Map 20189), and Development Permit Type-D 19-13 for compliance with the California
Government Code, compliance with the California Subdivision Map Act, consistency with the
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City of San Bernardino General Plan and compliance with the City of San Bernardino
Development Code; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public
Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code
of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency
for the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines section
15073, preparation of a Mitigated Negative Declaration was the appropriate environmental
review procedure under CEQA, because all potential significant impacts of the Project can be
mitigated to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and
Reporting Program (“MMRP”) were prepared for the Project; and
WHEREAS, on September 8, 2020, the Planning Commission of the City of San
Bernardino held a duly-noticed public hearing to consider public testimony and the staff report,
and adopted Resolution No. 2020-042 recommending the adoption of the Mitigated Negative
Declaration, and the approval of General Plan Amendment 19-03, Development Code
Amendment (Zoning Map Amendment) 19-08, Subdivision 19-16 (Tentative Parcel Map 20189),
and Development Permit Type-D 19-13 to the Mayor and City Council; and
WHEREAS, notice of the October 7, 2020 public hearing for the Mayor and City
Council's consideration of this proposed Resolution was published in The Sun newspaper on
September 25, 2020, and was mailed to property owners within a 500 foot radius of the project
site in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City
Council and no additional information submitted to the City Council, has produced substantial
new information requiring substantial revisions that trigger recirculation of the MND or
additional environmental review under State CEQA Guidelines Section 15073.5; and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals),
Chapter 19.66 (Subdivisions), and 19.44 (Development Permits) of the City of San Bernardino
Development Code, the Mayor and City Council have the authority to take action on Subdivision
19-08 (Tentative Parcel Map 20189), and Development Permit Type-D 19-13.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Compliance with the California Environmental Quality Act. The Mayor
and City Council having independently reviewed and analyzed the record before it, including the
adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and
written and oral testimony, and having exercised their independent judgment, find that there is no
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substantial evidence supporting a fair argument that approval of the Project will result in a
significant effect on the environment.
SECTION 3. Findings of Fact – Subdivision 19-08 (Tentative Parcel Map 20189).
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 warehouse building containing approximately 467,125 square
feet will provide additional economic development opportunities with the
City, the proposed project is permitted within the Industrial Light (IL)
zone, subject to the approval of General Plan Amendment 19 -03,
Development Code Amendment (Zoning Map Amendment) 19 -08,
Subdivision 19-16 (Tentative Parcel Map 20189) and Development Permit
Type-D 19-13 with the appropriate Conditions of Approval and the
adoption of the Mitigated Negative Declaration by the Mayor and City
Council, and the proposed Industrial Light (IL) zone is consistent with the
proposed Industrial Light 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 the surrounding industrial
development.
General Plan Land Use policy 2.7.5 states: “Require that developments
conform to the availability of public 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.
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 General Plan Amendment 19 -03,
Development Code Amendment (Zoning Map Amendment) 19-08,
Subdivision 19-16 (Tentative Parcel Map 20189) and Development Permit
Type-D 19-13 with the appropriate Conditions of Approval and CEQA
determination. The subject site as an industrial development is sufficient in
size to accommodate the proposal under Development Permit Type-D
19-13 as required by the City of San Bernardino Development Code.
Therefore, the subject site is physically suitable for the proposal.
Finding No. 4: The site is physically suitable for the proposed density of development.
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Finding of Fact: The proposed industrial warehouse building containing approximately
467,125 square feet along is permitted within the proposed Industrial
Light (IL) zone, subject to the approval of General Plan Amendment
19-03, Development Code Amendment (Zoning Map Amendment) 19-08,
Subdivision 19-16 (Tentative Parcel Map 20189) and Development Permit
Type-D 19-13 with the appropriate Conditions of Approval and adoption
of the Mitigated Negative Declaration by the Mayor and City Council. The
subject site as an industrial development is sufficient in size to
accommodate the proposal under Development Permit Type-D 19-13 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.
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 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: The design of the proposed subdivision meets all of the applicable
Development Code requirements and will not result in any serious public
health problems. The proposed parcel will have access to existing public
streets. Existing utilities and public services are available to serve the
project site and ensure the maintenance of public health and safety.
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.
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 r elocated, as
necessary.
SECTION 4. Findings of Fact – Development Permit Type-D 19-13.
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.
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Finding of Fact: The proposed development of an industrial warehouse building is
permitted use within the 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 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: The Industrial Light (IL) 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 proposed
project would allow the development of an industrial warehouse building
containing approximately 467,125 square feet, 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 project 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, and
surrounding exemplary architectural styles.
Policy 5.7.6 encourages architectural detailing, which
includes richly articulated surfaces rather than plain or
blank walls.
The project site is flat and has been disturbed. The site is
surrounded by light industrial businesses, vacant lots and
nonconforming single-family residential properties. The
proposed project will result in the construction of a 467,125
square foot industrial 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 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
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extensive landscaping will be provided along the project’s
frontages, consistent with these policies.
Additionally, the proposed project is permitted within the Industrial Light
(IL) Zone, subject to the approval of a Development Permit Type-D with
the appropriate Conditions of Approval and Mitigation Measures and is
consistent with the existing Industrial Land Use Designation set forth by
the General Plan Land Use Map. Therefore, the proposed project is
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 the industrial warehouse building will be
harmonious and compatible with existing and future industrial
developments within the Industrial Light (IL) zone. The surrounding area
consists of a mixture of residential and industrial uses. Appropriate
Conditions of Approval and Mitigation Measures have been imposed on
the proposed development to ensure that the surrounding area 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, the
proposal is consistent with both the General Plan and Development Code
subject to approval of the associated amendments, 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: In accordance with §15074 of the California Environmental Quality Act
(CEQA), a Final Mitigated Negative Declaration with the appropriate
Mitigation Monitoring and Reporting Program (in order to ensure that the
Mitigation Measures are implemented to prevent potential environmental
impacts) was prepared in connection with General Plan Amendment 19-
03, Development Code amendment (Zoning Map Amendment) 19 -08,
Subdivision 19-16 (Tentative Parcel Map 20189), and Development
Permit Type-D 19-13 for the development and establishment of an
industrial warehouse building containing approximately 467,125 square
feet.
Finding No. 5: 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 §15074 of the California Environmental Quality Act
(CEQA), a Final Mitigated Negative Declaration with the appropriate
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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 19-
03, Development Code amendment (Zoning Map Amendment) 19 -08,
Subdivision 19-16 (Tentative Parcel Map 20189), and Development
Permit Type-D 19-13 for the development, establishment and operation of
an industrial warehouse building containing approximately 467,125 square
feet. 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 warehouse building containing approximately
467,125 square feet is permitted within the Industrial Light (IL) Zone,
subject to the approval of General Plan Amendment 19-03, Development
Code amendment (Zoning Map Amendment) 19-08, Subdivision 19-16
(Tentative Parcel Map 20189), and Development Permit Type-D 19-13
with the appropriate Conditions of Approval and adoption of the Mitigated
Negative Declaration by the Mayor and City Council. The subject site as
an industrial development is sufficient in size to accommodate the
proposal under Development Permit Type-D 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 industrial warehouse building. 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 19-13 will not be detrimental to public
services or public health and safety.
Finding No. 8: The location, size, design, and operating characteristics of the proposed
use are compatible with the existing and future land uses within the
general area in which the proposed use is to be located and will not create
significant noise, traffic or other conditions or situations that may be
objectionable or detrimental to other permitted uses in the vicinity or
adverse to the public interest, health, safety, convenience, or welfare of the
City.
Finding of Fact: The proposed development of the industrial warehouse conforms to all
applicable development standards and land use regulations of the proposed
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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 5. – Conditions of Approval. Suddivision 19-08 (Tentative Parcel Map
20189) and Development Permit Type-D 19-13, are hereby approved, subject to the following
Conditions of Approval:
1. This approval is to change the General Plan Land Use Classification from Open Space to
Industrial and the Zoning District Classification from Public Park (PP) to Industrial Light
(IL) of three (3) parcels containing a total of approximately 13.97 acres; allow the
consolidation of a project site comprised of ten (10) parcels containing a total of
approximately 20.29 acres; and, allow the development and establishment of an industrial
warehouse containing approximately 467,125 square feet. The project site is located on the
southeast corner of S. Foisy Street and E. Central Avenue, San Bernardino, CA 92408 (APN:
0280-151-02, 03, 04, 05, 06, 07, 08, 09, 20, and 21).
2. The project site shall be developed and maintained in accordance with: (i) the plans stamped
October 7, 2020 (EXHIBIT “A”), approved by the City, which includes a site plan, floor
plan, exterior-elevations plan, and conceptual-landscaping plan on file with the Planning
Division; (ii) the Conditions of Approval contained herein; and (iii) the City’s Municipal
Code regulations.
3. Within two (2) years of the approval of the Development Permit, the commencement of
construction shall have occurred or the permit/approval shall become null and void. In
addition, if at any time after the commencement of construction, work is discontinued for a
period of one (1) year, then the permit/approval shall become null and void. However,
approval of the Development Permit does not authorize the commencement of construction.
All necessary permits must be obtained prior to the commencement of specified construction
activities included in the Conditions of Approval.
EXPIRATION DATE: October 7, 2022
4. The review authority may grant a time extension, for good cause, not to exceed twelve (12)
months. The applicant must file an application, the processing fees, and all required submittal
items thirty (30) days prior to the expiration date. The review authority shall ensure that the
project complies with all Development Code provisions in effect at the time of the requested
extension.
5. In the event this approval is legally challenged, the City will promptly notify the applicant of
any claim, action, or proceeding and will fully cooperate in the defense of this matter. Once
notified, the applicant agrees to defend, indemnify, and hold harmless the City of San
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Bernardino (“City”), any departments, agencies, divisions, boards, and/or commissions of the
City, and any predecessors, successors, assigns, agents, directors, elected officials, officers,
employees, representatives, and attorneys of the City from any claim, action, or proceeding
against any of the foregoing persons or entities. The applicant further agrees to reimburse the
City for any costs or attorneys’ fees, which the City may be required by a court to pay as a
result of such action, but such participation shall not relieve applicant of his or her obligation
under this condition.
The costs, salaries, and expenses of the City Attorney and employees of his office shall be
considered “attorneys’ fees” for purposes of this condition. As part of the consideration for
issuing this Development Permit, this condition shall remain in effect if the Development
Permit is rescinded or revoked, whether or not at the request of applicant.
Planning Division
6. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No
construction vehicles, equipment, or employees may be delivered to, or arrive at, the
construction site before 7:00 am or leave the site after 8:00 pm.
7. If the colors of the buildings or other exterior finish materials are to be modified beyond the
current proposal and improvement requirements, the revised color scheme and/or finish
materials shall be reviewed and approved by the Planning Division prior to the
commencement of work.
8. The project landscape plans shall be in substantial compliance with the Conceptual
Landscape plan and prepared in accordance with the Development Code, section 19.28.120
(Water Efficient Landscaping Standards).
9. Minor Modifications to the plans shall be subject to approval by the Director through the
Minor Modification Permit process. Any modification that exceeds 10% of the allowable
measurable design/site considerations shall require the re-filing of the original application.
10. The project shall comply with all applicable requirements of the Building and Safety
Division, Police Department, Municipal Water Department, Public Services Department, and
the City Clerk’s Office/Business Registration Division.
11. This approval shall comply with the requirements of other outside agencies (i.e., San
Bernardino County Health Department, Division of Environmental Health Services, San
Bernardino County Consolidated Fire District, and California Board of Equalization), as
applicable.
12. The facility operator and property owner shall be responsible for regular maintenance of the
project site. The site shall be maintained in a clean condition and free of litter or any other
undesirable material(s). Vandalism, graffiti, trash, and other debris shall be removed and
cleaned up within twenty-four (24) hours of being reported.
13. Signs are not approved as part of this permit. Prior to establishing any new signs, or to
replacing existing signs, the applicant shall submit an application and receive approval for a
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Sign Permit from the Planning Division. Banners, flags, pennants, and similar signs are
prohibited unless a Temporary Sign Permit is obtained.
14. All exterior lighting shall be contained within property lines and be energy efficient, with the
option to lower or reduce usage when the facility is closed.
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.
Building & Safety Division
17. All plans submitted shall conform to the California Building Code (2019). Please note that
this will include the California Green Building Standards Code.
18. Project shall conform to chapter 3 of the California Building Code (2019).
19. Project shall also conform to the requirements of Chapter 4 of the California Building Code
(2019), Special Details Requirements Based on Use of Occupancy.
20. Provide sprinkler requirements for the occupant load according to California Building Code
(2019).
21. Provide all disabled access requirements and complete details on plans prior to plan review
submittal and conform to Chapter 11A of the California Building Code (2019).
22. There shall be a formal plan submittal prior to all issuance of permits.
23. Refer to chapter 7 of the California Building Code (2019) for Fire/Smoke Protection
Requirements.
Public Works Department
24. Drainage and Flood Control
a) A local drainage study will be required for the project. Any drainage improvements,
structures or storm drains needed to mitigate downstream impacts caused by the
development or protect the development shall be designed and constructed at the
developer's expense, and right-of-way dedicated as necessary.
b) All drainage from the development shall be directed to an approved public drainage
facility. If not feasible, proper drainage facilities and easements shall be provided to the
satisfaction of the City Engineer.
c) If site drainage is to be outletted into the public street, the drainage shall be conveyed
through a parkway culvert constructed in accordance with City Standard No. 400.
Conveyance of site drainage over the Driveway approaches will not be permitted.
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d) A Preliminary Full-Categorical Water Quality Management Plan (WQMP) has been
conceptually approved with minor comments to incorporate into the Final WQMP Plan.
Comments will be provided to the Engineer.
e) 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.
f) 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.
g) 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.
h) The Land Development Division, prior to grading plan approval, shall approve an
Erosion Control Plan. The plan shall be designed to control erosion due to water and
wind, including blowing dust, during all phases of construction, including graded areas
which are not proposed to be immediately built upon.
25. Grading and Landscaping
a) The grading and on-site improvement plan shall be signed by a Registered Civil Engineer
and a grading permit will be required. The grading plan shall be prepared in strict
accordance with the City's "Grading Policies and Procedures" and the City's "Standard
Drawings", unless otherwise approved by the Building Official.
b) The applicant must post a grading bond prior to issuance of a grading permit. The
amount of the bond is to be determined by the Building Official.
c) If the grading plan indicates export or import, the source of the import material or the site
for the deposition of the export shall be noted on the grading plan. Permit numbers shall
be noted if the source or destination is in the City of San Bernardino.
d) If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling
permit shall be obtained from the City Engineer. Additional conditions, such as truck
route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be
required by the City Engineer.
e) If more than 5 trees are to be removed from the site, a tree removal permit conforming to
the requirements of Section 19.28.100 of the Development Code shall be obtained from
the Department of Community Development - Planning Division prior to issuance of any
grading or site development permits.
f) An accessible path of travel shall be provided from the public way to the building
entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet.
Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. All
accessible parking spaces shall be a minimum of 18 feet by 9 feet net.
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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.
h) Wheel stops are not permitted by the Development Code, except at designated ac cessible
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) 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.
j) 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.
k) The design of on-site improvements shall also comply with all requirements of The
California Building Code, Title 24, relating to accessible parking and accessibility,
including retrofitting of existing building access points for accessibility, if applicable.
l) 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.
m) 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.
n) Phasing improvement plans shall include coordination with adjoining phases.
o) 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.
p) 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.
q) The applicant must post a performance bond prior to issuance of the on-site permit. The
amount of the bond is to be determined by the Land Development Division.
26. 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).
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b) Backflow preventers shall be installed for any building with the finished floor elevation
below the rim elevation of the nearest upstream manhole.
c) This project is located in the sewer service area maintained by the City of San Bernardino
therefore, any necessary sewer main extension shall be designed and constructed in
accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings.
d) On-site Utility services shall be placed underground and easements provided as required.
e) Existing on-site Utilities which interfere with new construction shall be relocated at the
Developer's expense as directed by the City Engineer.
f) 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.
27. Required On-site Engineering Plans
a) A complete submittal for plan checking shall consist of:
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 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) Electronic files of all improvement plans/drawings shall be submitted to the City
Engineer. The files shall be compatible with AutoCAD 2000, and include a .DXF file of
the project. Files shall be on a CD and shall be submitted at the same time the final mylar
drawings are submitted for approval.
e) Copies of the City’s design policies and procedures and standard drawings are available
at the Public Works Counter for the cost of reproduction. They are also available at no
charge at the Public Works Web Site at http://www.sbcity.org.
28. Mapping
a) All Water Department requirements shall be addressed prior to Parcel Map recordation.
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b) The applicant’s surveyor/engineer shall submit a Final Parcel Map with supporting
documents (closure calculation, title report, non-interference letter, reference
documents…) for review and approval to Land Development.
c) A Final Parcel Map based upon field survey will be required.
d) The Final Parcel Map shall comply with the Tentative Parcel Map and be prepared in
accordance to Subdivision Map Act.
e) All required improvements within Public Works right-of-way shall be completed or
securities shall be furnished as approved by the city in accordance with the Subdivision
Map Act prior to recordation of the final Parcel Map.
29. Street Improvement and Dedications
a) For the streets listed below, dedication of adequate street right-of-way (R.W.) per the
General Plan and Municipal Code shall provide the distance from street centerline to
property line and placement of the curb line (C.L.) in relation to the street centerline shall
be as follows:
Street Name Right of Way (feet)
From Centerline
Curb Line (feet)
From Centerline
Central Avenue
(123-456-78)
41.25’ Existing
2.75’ Dedication
“Secondary Arterial”
32’ Existing
34’ Proposed
(to match curb at Lena Road)
Per General Plan
Foisy Street
(123-456-78)
20’± Existing
10’ Dedication
For a total of 30’
“Local - Continuous”
8.5’ Existing
Required 20’
Per General Plan
b) Central Avenue: * - **
i) The street shall be rehabilitated to meet the requirements detailed in a soils report
based on the “R” value of the subgrade and the traffic Index. The City’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. Use Caltrans Design
Manual or A Policy on Geometric Design of Highways and Streets for taper
requirements.
iii) Remove the existing Median with wrought iron fencing.
iv) The corner shall be a 35’ Radius including a compliant ADA ramp with By-Pass
and Truncated Domes.
v) If a Radius type Driveway Approach is proposed in lieu of the standard drive
approach, than a truck turning curb radius shall be 35’. An accessible bypass
crossing the approach shall be provided to comply with current ADA standard, or
Construct Commercial Driveway Approach per City Standard No. 204, Type II,
including an accessible by-pass around the top of the drive approach. thickness
and reinforcement shall be determined by R value and TI. No Driveways closer
than 100’ from BCR/ECR as directed by the City Engineer.
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vi) Driveways in Commercial, Industrial, or Multi-Family units, no gates shall be
placed closer or impede 40’ from back of sidewalk, as directed by the City
Engineer.
vii) Construct 8" Curb and Gutter per City Standard No. 200, type “B”.
viii) Construct 6’ wide Cross Gutter with Apron per City Standard No 201.
ix) Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to
curb).
x) An ADA Ramp shall be constructed at corner in accordance with the SPPWC
(Standard Plans for Public Works Construction) or Caltrans Standard plans A88A.
xi) 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
xii) Underground existing Poles along the property frontage.
xiii) Install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for
future Traffic connections.
xiv) No Parking will be allowed on Foisy Street, install signs per city standards
xv) 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,
Copies of Recorded Monuments/Ties shall be delivered to Public
Works/Engineering.
Foisy Street: * - **
i) The street shall be rehabilitated to meet the requirements detailed in a soils report
based on the “R” value of the subgrade and the Traffic Index. The City’s has a
minimum standard for new streets (4” AC over 8” Base) except truck usage
(9”AC over 12” Base); 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. 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) If a Radius type Driveway Approach is proposed in lieu of the standard drive
approach, than a truck turning curb radius shall be 35’. An accessible bypass
crossing the approach shall be provided to comply with current ADA standard, or
Construct Commercial Driveway Approach per City Standard No. 204, Type II,
including an accessible by-pass around the top of the drive approach. thickness
and reinforcement shall be determined by R value and TI. No Driveways closer
than 100’ from BCR/ECR as directed by the City Engineer.
v) Driveways in Commercial, Industrial, or multi-Family units, no gates shall be
placed closer or impede 40’ from back of sidewalk, as directed.
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vi) Construct 8" Curb and Gutter per City Standard No. 200, type “B”.
vii) Construct 6’ wide Cross Gutter with Apron per City Standard No 201.
viii) Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to
curb).
ix) An ADA Ramp shall be constructed at corner in accordance with the SPPWC
(Standard Plans for Public Works Construction) or Caltrans Standard plans A88A.
x) 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
xi) Install a city approved trash screen and filtration device in the catch basins.
xii) Underground existing Poles.
xiii) Install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for
future Traffic connections.
xiv) No Parking will be allowed on Foisy Street, install signs per city standards
xv) 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,
Copies of Recorded Monuments/Ties shall be delivered to Public
Works/Engineering.
* These Conditions are set for an estimated construction with-in two years.
If construction exceeds two years from approval these conditions shall be
reviewed and updated as needed.
c) With Submittal of improvement plans including but not limited to grading plans, Street
improvement plans, storm drain and retention/detention basin plans, and
erosion/sediment control plans, The Applicant shall cause to be formed, or shall be
annexed into an existing, Community Facilities District(s) (CFD) for landscaping,
lighting, streets, drainage facilities, street sweeping, graffiti removal, or other
infrastructure as required by the City to the satisfaction of the City Engineer. The
Applicant shall initiate the maintenance and benefit assessment district(s) formation, or
annexation, by submitting a landowner petition and consent form (provided by the City)
and deposited necessary fees concurrent with the application for street and grading plan
review and approval; and said maintenance and benefit assessment district(s) shall be
established concurrent with the approval of the final map in the case of the subdivision of
land, or prior issuance of any certificate of occupancy where there is no subdivision of
land, and as approved by the City Engineer.
d) If a drainage report is required by Land Development, A second copy of the drainage
report will be delivered to public works, if offsite or overflow storm drain systems are
identified, all systems shall be identified on the street improvement plans, and public
storm drain shall be on a separate set of plans.
e) City approved trash screens and filtration devices shall be installed in all catch basins or
manhole connections.
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f) 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.
g) Any pavement works affecting the traffic loop detectors shall be coordinated and
subjected to Public Works Traffic Division requirements.
h) 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.
i) The above conditions shall comply with current codes, policies, and standards at time of
construction.
j) Prior to Certificate of Occupancy or Completion of Project all As-builts shall be
submitted to Public Works.
30. Required Off-site 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),
CFD Plans are required, they shall include Landscapin g, Irrigation, Basins, etc. that
are included in the CFD that are not listed in the plans above.
other plans as required. Piecemeal submittal of various types of plans for the same
project will not be allowed.
All required supporting calculations, studies and reports must be included in the
initial submittal (including but not limited to drainage studies, soils reports,
structural calculations)
Each discipline shall have its own title sheet unless packaged as a set.
b) All off-site improvement plans submitted for plan check shall be prepared on the City’s
standard 24” x 36” sheets. A signature block (city standard block) satisfactory to the City
Engineer or his designee can be found on the City Web Site http://www.sbcity.org.
Engineering conditions of the project shall be inserted in the last pages of the plans.
c) After completion of plan checking, final mylar drawings with city standard block,
stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the
City Engineer for approval.
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d) Electronic files of all improvement plans/drawings shall be submitted to the City
Engineer. The files shall be compatible with AutoCAD 2015, and include a .dxf file of
the project. Files shall be on CD and shall be submitted at the same time the final mylar
drawings are submitted for approval.
e) Copies of the City’s design policies and procedures and standard drawings are available
at the Public Works Counter for the cost of reproduction. They are also available at no
charge at the Public Works Web Site at http://www.sbcity.org.
31. 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.
b) The traffic analysis was included in the IS/MND document reviewed by Placeworks.
This facility will not generate any traffic impacts.
32. Required Engineering Permits
a) Grading permit.
b) On-site improvements construction permit (except buildings - see Community and
Economic Development Department - Building & Safety Division), including
landscaping.
c) Off-site improvement construction permit.
d) A Final/Parcel Map based upon field survey will be required.
e) The applicant‘s surveyor/engineer shall submit a Final/Parcel Map with supporting
documents for review and approval to Land Development. The Final/Parcel map shall be
recorded prior to grading permit issuance.
f) Traffic Control and ROW Permits.
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
http://www.sbcity.org.
San Bernardino County Consolidated Fire District
34. The development shall have a minimum of three (3) points of vehicular access. These are for
fire/emergency equipment access and for evacuation routes.
a) Single Story Road Access Width. All buildings shall have access provided by approved
roads, alleys and private drives with a minimum of twenty (20) foot wide for one way
traffic and twenty-six (26) foot wide for two way traffic unobstructed width and
vertically to fourteen (14) feet six (6) inches in height. Other recognized standards may
be more restrictive by requiring wider access provisions.
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b) Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a
minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet
six (6) inches in height.
35. 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.
a) Deferred Submittal required for UG Fire Water, Sprinklers, Alarms, Pump House
b) Hydrants need to be installed no further than 300 ft. apart from each other, resubmit plans
with proper Hydrant spacing.
36. Building plans shall be submitted to the Fire Department for review and approval.
37. Prior to combustibles being placed on the project site an approved all-weather fire apparatus
access surface and operable fire hydrants with acceptable fire flow shall be installed. The
topcoat of asphalt does not have to be installed until final inspection and occupancy.
38. 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.
39. An automatic fire sprinkler monitoring fire alarm system complying with the California Fire
Code, NFPA and all applicable codes is required. The applicant shall hire a Fire Department
approved fire alarm contractor. The fire alarm contractor shall submit detailed plans to the
Fire Department for review and approval. The required fees shall be paid at the time of plan
submittal.
40. Hand portable fire extinguishers are required. The location, type, and cabinet design shall be
approved by the Fire Department.
41. 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.
42. 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.
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43. An automatic fire sprinkler system complying with NFPA Pamphlet #13 and the Fire
Department standards is required. The applicant shall hire a Fire Department approved fire
sprinkler contractor. The fire sprinkler contractor shall submit plans to the with hydraulic
calculation and manufacturers specification sheets to the Fire Department for approval and
approval. The contractor shall submit plans showing type of storage and use with the
applicable protection system. The required fees shall be paid at the time of plan submittal.
44. The applicant shall submit an application for high-piled storage (internal storage over 12’ in
height), detailed plans and a commodity analysis report to the Fire Department for review
and approval. The applicant shall submit the approved plan to Building and Safety for review
with building plans. If the occupancy classification is designated as S-2, commodities to be
stored will be limited to products of light hazard classification only. The required fees shall
be paid at the time of plan submittal.
45. Blue reflective pavement markers indicating fire hydrant locations shall be installed as
specified by the Fire Department. In areas where snow removal occurs or non-paved roads
exist, the blue reflective hydrant marker shall be posted on an approved post along the side of
the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the
adjacent road.
46. 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”
47. 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.
48. An approved Fire Department key box is required. In commercial, i ndustrial and multi-
family complexes, all swing gates shall have an approved fire department Knox Lock.
49. The applicant shall install Fire Department approved material identification placards on the
outside of all buildings and/or storage tanks that store o r 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.
50. Where an automatic electric security gate is used, an approved Fire Department override
switch (Knox ®) is required.
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51. 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.
52. Prior to building permits being issued to any new structure, the primary 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.
53. A letter from a licensed structural (or truss) engineer shall be submitted with an original wet
stamp at time of fire sprinkler plan review, verifying the roof is capable of accepting the
point loads imposed on the building by the fire sprinkler system design.
54. 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.
55. 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.
56. Mechanical smoke removal systems shall be provided for building protected by EFSR
sprinkler systems as required by the Chief. The mechanical smoke removal systems shall
meet the requirements of CFC and SBCOFD Standards.
57. An automatic smoke removal system complying with the California Fire Code, NFPA and all
applicable codes is required. The applicant shall submit detailed smoke removal system plans
to the Fire Department for review and approval. The required fees shall be paid at the time of
plan submittal.
58. 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.
59. The project shall be subject to the following Fired Department Standards:
a) Standard A-1 – FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION
AND MAINTENANCE
b) Standard A-2 – FIRE APPARATUS ACCESS ROAD DESIGNATION AND
MARKING
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c) Standard A-3 – GATES AND OTHER OBSTRUCTIONS TO FIRE DEPARTMENT
ACCESS
d) Standard A-4 – FIRE DEPARTMENT ACCESS KEY BOXES
e) Standard B-1 – PREMISE AND BUILDING IDENTIFICATION AND ADDRESSING
f) Standard B-2 – CONSTRUCTION SITE FIRE SAFETY
g) Standard F-1 – FIRE SPRINKLER SYSTEMS IN COMMERCIAL AND INDUSTRIAL
BUILDINGS
h) Standard F-4 – POST INDICATOR VALVES AND FIRE DEPARTMENT
CONNECTIONS
i) Standard F-5 – DESIGN, INSTALLATION AND MAINTENANCE OF FIRE ALARM
SYSTEMS
j) Standard S-1 – HIGH PILE STORAGE/WAREHOUSE BUILDINGS
k) Standard W-2 – ONSITE FIRE PROTECTION WATER SYSTEMS
60. 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.
61. Prior to any land disturbance, the water systems shall be designed to meet the required fire
flow for this development and shall be approved by the Fire Department. The required fire
flow shall be determined by using California Fire Code. The Fire Flow for this project shall
be: 4,000 GPM for a 4 hour duration at 20 psi residual operating pressure. Fire Flow is based
on a 467,125 sq. ft. structure.
62. 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. The applicant is required to
provide a minimum of one new six (6) inch fire hydrant assembly with one (1) two and one
half (2 1/2) inch and two (2) four (4) inch outlet. All fire hydrants shall be spaced no more
than three hundred (300) feet apart (as measured along vehicular travel-ways) and no more
than one hundred fifty (150) feet from any portion of a structure.
SECTION 6. Notice of Determination. The Planning Division of the Community and
Economic Development Department is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino within five (5) working days of final project
approval certifying the City’s compliance with the California Environmental Quality Act in
approving the Project.
SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and
City Council hereby declares that it would have adopted each section irrespective of the fact that
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any one or more subsections, subdivisions, sentences, clauses, or phrases be de clared
unconstitutional, invalid, or ineffective.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of _________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held at 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, City Clerk
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Packet Pg. 126 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
5.gPacket Pg. 127Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitA (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program (Ward 3))
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overall floor planDAB-A2.1Owner:Project:Consultants:Project Number:Revision:Date:Drawn by:Title:Sheet:C I V I LSTRUCTURALMECHANICALPLUMBINGELECTRICALLANDSCAPESOILS ENGINEERFIRE PROTECTION18375CR1/28/20fax: 949 863 0851tel: 949 863 1770email: hpa@hparchs.com92612irvine, ca18831 bardeen avenue, - ste. #100hpa, inc.--------4450 MacArthur Blvd. Suite 100Newport Beach, CA 92660(949) 945 6809REDA Acquisitions, LLCMANGNO
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ELEVATIONDAB-A3.1Owner:Project:Consultants:Project Number:Revision:Date:Drawn by:Title:Sheet:C I V I LSTRUCTURALMECHANICALPLUMBINGELECTRICALLANDSCAPESOILS ENGINEERFIRE PROTECTION18375CR10/25/19fax: 949 863 0851tel: 949 863 1770email: hpa@hparchs.com92612irvine, ca18831 bardeen avenue, - ste. #100hpa, inc.--------4450 MacArthur Blvd. Suite 100Newport Beach, CA 92660(949) 945 6809REDA Acquisitions, LLCMANGNO
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ELEVATIONDAB-A3.2Owner:Project:Consultants:Project Number:Revision:Date:Drawn by:Title:Sheet:C I V I LSTRUCTURALMECHANICALPLUMBINGELECTRICALLANDSCAPESOILS ENGINEERFIRE PROTECTION18375CR1/28/20fax: 949 863 0851tel: 949 863 1770email: hpa@hparchs.com92612irvine, ca18831 bardeen avenue, - ste. #100hpa, inc.--------4450 MacArthur Blvd. Suite 100Newport Beach, CA 92660(949) 945 6809REDA Acquisitions, LLCMANGNO
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NIADATERENEWAL3-31-21C-29451SAN BERNARDINO, CACENTRAL AVE.CENTRAL AVE. & FOISY AVE.& FOISY AVE.KEYNOTES - ELEVATIONSGENERAL NOTES - ELEVATIONSCOLOR SCHED. - ELEVATIONSGLAZING LEGEND5.gPacket Pg. 131Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitA (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program (Ward 3))
SECTIONDAB-A4.1Owner:Project:Consultants:Project Number:Revision:Date:Drawn by:Title:Sheet:C I V I LSTRUCTURALMECHANICALPLUMBINGELECTRICALLANDSCAPESOILS ENGINEERFIRE PROTECTION18375CR10/25/19fax: 949 863 0851tel: 949 863 1770email: hpa@hparchs.com92612irvine, ca18831 bardeen avenue, - ste. #100hpa, inc.--------4450 MacArthur Blvd. Suite 100Newport Beach, CA 92660(949) 945 6809REDA Acquisitions, LLCMANGNO
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NIADATERENEWAL3-31-21C-29451SAN BERNARDINO, CACENTRAL AVE.CENTRAL AVE. & FOISY AVE.& FOISY AVE.5.gPacket Pg. 132Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitA (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program (Ward 3))
8' O.C.1 GalAcacia redolens 'Low Boy'Low Boy Trailing AcaciaACCENTSGROUNDCOVER48" O.C.1 GalRosmarinus o. 'Huntington Carpet'Feathery CassiaSenna artemisioidesLRhamnus californicaCoffeeberryAutumn SageSalvia greggiiLTexas RangerLeucophyllum f. 'Green Cloud'QTYSIZEREMARKSSYMBOL SHRUBSBOTANICAL/COMMON NAMEWUCOLSQTYSIZEREMARKSSYMBOL BOTANICAL/COMMON NAMEWUCOLSSPACINGSIZEREMARKSSYMBOL BOTANICAL/COMMON NAMEWUCOLSLHuntington Carpet Rosemary1 Gal30" O.C.Dasylerion wheeleriDesert SpoonHesperaloe parvifloraRed YuccaTexas PrivetLigustrum j. TexanumLonicera j. 'Halliana'Hall's HoneysuckleHopseed BushDodonaea viscosa 'Purpurea'Rosa 'Flower Carpet' RedRed Flower Carpet Rose48" O.C.1 GalLAltas FescueFestuca mairei24" O.C.1 GalMPink MuhlyMuhlenbergia capillarisL1 Gal36" O.C.12" O.C.4" PotsSenecio mandraliscaeMBlue ChalksticksGrassGrassCoral AloeAloe striataLantana 'New Gold'Compact Gold LantanaAgave villmoriniana5 GalLOctopus Agave1 Gal0L5 Gal0L5 Gal0L1 Gal0L5 GalM05 GalL05 GalM05 GalL0Sanat Barbara SageSalvia l. 'Santa Barbara'5 GalL05 GalL05 GalL0M5 GalLAgave 'Blue GlowBlue Glow AgavePineapple GauvaAcca sellowiana5 GalM0SET IN 3/4" DECORATIVE GRAVELBrisbane BoxTristania confertaTREESBOTANICAL/COMMON NAMESYMBOL PLANTING LEGENDWUCOLSSIZEQTYREMARKSL4815 GalBlue Palo VerdeCercidium 'Desert Museum'L48" Box3Juniperus s. 'Skyrocket'Skyrocket Juniper24" BoxStandard8M48" BoxAfghan PinePinus eldarica9LPlatanus acerifoliaLondon PlaneStandard15MChitalpa tashkentensisChitalpaL536" BoxStandard24" Box24" BoxCrape MyrtleLagerstroemia i 'Muskogee'21MChilean MesquiteProsopis chilensis48" Box17MMultiStandard36" Box24L4124" BoxSan Bernardino, California19-10010.15.19Real Estate Development Assoc.Central Avenue Distribution Center025'50'100'711 FEE ANA STREET714.986.2400 FAX 714.986.2408PLACENTIA, CA 92870N10.25.195.gPacket Pg. 133Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitA (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 1 August 27, 2020
FOISY EAST PROJECT IS/MND
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
Biological Resources
MM BIO-1: Bird nesting season generally extends from
February 1 through September 15 in southern California and
specifically, April 15 through August 31 for migratory
passerine birds. To avoid impacts to nesting birds (common
and special status) during the nesting season, a qualified
Avian Biologist will conduct pre‐construction Nesting Bird
Surveys (NBS) prior to project‐related disturbance to
nestable vegetation to identify any active nests. If no active
nests are found, no further action will be required.
If an active nest is found, the biologist will notify the City, and
will set appropriate no‐work buffers around the nest which
will be based upon the nesting species, its sensitivity to
disturbance, nesting stage and expected types, intensity and
duration of disturbance. The nests and buffer zones shall be
field checked weekly by a qualified biological monitor. The
approved no‐work buffer zone shall be clearly marked in the
field, within which no disturbance activity shall commence
until the qualified biologist has determined the young birds
have successfully fledged and the nest is inactive. The
biologist shall file a closure letter with the City once the no
disturbance period has ended.
Prior to
initiating
ground-
disturbing
activities
Pre-
construction
inspection
Community
Development
Department
Qualified
Biologist
Cultural Resources
MM CUL-1: In the event that cultural resources are
discovered during project activities, all work in the immediate
vicinity of the find (within a 60-foot buffer) shall cease, the
City shall be notified, and a qualified archaeologist meeting
Secretary of Interior standards shall be hired to assess the
During ground-
disturbing
activities
Site monitoring Qualified
Archaeologist
5.h
Packet Pg. 134 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6923 : Resolution Adopting Mitigated
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 2 August 27, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
find. Work on the other portions of the project outside of the
buffered area may continue during this assessment period.
Additionally, the San Manuel Band of Mission Indians Cultural
Resources Department (SMBMI) shall be contacted, as
detailed within TCR-1, regarding any pre-contact and/or
post-contact finds and be provided information after the
archaeologist makes his/her initial assessment of the nature
of the find, so as to provide Tribal input to the City with
regards to significance and treatment..
MM CUL-2: If significant pre-contact and/or post-contact
cultural resources, as defined by CEQA (as amended, 2015),
are discovered and avoidance cannot be ensured, the
archaeologist shall develop a Monitoring and Treatment
Plan, the drafts of which shall be provided to SMBMI and the
City for review and comment, as detailed within TCR-1. The
archaeologist shall monitor the remainder of the project and
implement the Plan accordingly.
During ground-
disturbing
activities
Site monitoring Qualified
Archaeologist
MM CUL-3: If human remains or funerary objects are
encountered during any activities associated with the
project, work in the immediate vicinity (within a 100-foot
buffer of the find) shall cease, the City shall be notified, and
the County Coroner shall be contacted pursuant to State
Health and Safety Code §7050.5 and that code enforced for
the duration of the project.
During ground-
disturbing
activities
Site monitoring Community
Development
Department
Qualified
Archaeologist
Geology and Soils
MM GEO-1: Paleontological Resources. Any deep
excavations (i.e., over 5 feet in depth) in the proposed Project
area must be monitored by a qualified paleontologist. In the
event of an inadvertent discovery, the following measures
shall apply:
1) Upon discovery of an unearthed fossil, earthwork within
the vicinity of the discovery shall immediately halt, and a
During
construction
Site monitoring
Site Inspection
Qualified
Paleontologist
5.h
Packet Pg. 135 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6923 : Resolution Adopting Mitigated
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 3 August 27, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
qualified paleontologist should evaluate the discovery.
Earthwork shall be diverted until the significance of the
fossil discovery can be assessed by the qualified
paleontologist.
2) If the fossil discovery is deemed significant, the fossil shall
be recovered using appropriate recovery techniques based
on the type, size, and mode of preservation of the
unearthed fossil.
3) Earthwork may resume in the area of the fossil discovery
once the fossil has been recovered, and the qualified
paleontologist deems the site has been mitigated to the
extent necessary. Additional earthwork following the fossil
discovery may be monitored for paleontological resources
on an as-needed basis, at the discretion of the qualified
paleontologist.
4) Recovered fossils shall be prepared, identified,
catalogued, and stored in a recognized professional
repository along with associated field notes, photographs,
and compiled fossil locality data. For projects in San
Bernardino County the recommended designated repository
is the San Bernardino County Museum. Donation of the
fossils should be accompanied by financial support for initial
specimen curation and storage.
5) A final summary report should be completed that outlines
the results of the mitigation program. This report should
include discussions of the methods used, stratigraphic
section(s) exposed, fossils collected, and significance of
recovered fossils. This report shall be submitted to
appropriate agencies (e.g., project proponent, City of San
Bernardino), as well as to the designated repository.
Site Monitoring
Qualified
Paleontologist
Qualified
Paleontologist
Qualified
Paleontologist
Archaeological
Monitor, Tribal
monitor
Qualified
Paleontologist
Hazards and Hazardous Materials
5.h
Packet Pg. 136 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6923 : Resolution Adopting Mitigated
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 4 August 27, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
MM HAZ-1: A hazardous spill prevention plan shall be
prepared by the Applicant and submitted to the City for
approval to minimize the likelihood of a spill shall be
prepared prior to construction. The plan shall state the
actions that would be required if a spill occurs to prevent
contamination of surface waters and provide for cleanup
of the spill. The plan shall follow Federal, state, and local
safety guidelines and standards to avoi d increased
exposure to these pollutants.
Prior to
construction
start
Develop
Hazardous Spill
Prevention plan
Community
Development
Department
MM HAZ-2: If a contaminated area is encountered during
construction, construction shall cease in the vicinity of the
contaminated area. The construction contractor shall notify
all appropriate authorities, including the EPA and the City. If
necessary, the contaminated site shall be remediated to
minimize the potential for exposure of the public and to allow
the Project to be safety constructed.
During
Construction
Construction
halt
Authority
Notification
Community
Development
Department
Noise
MM NOI-1: During all project site excavation and grading, the
construction contractors shall equip all construction
equipment, fixed or mobile, with properly operating and
maintained mufflers, consistent with the manufacturers’
standards. The construction contractors shall place all
stationary construction equipment so that emitted noise is
directed away from the noise sensitive receptors (residences)
nearest the Project site.
During
Construction
Continuously
implemented
via
manufacture
standards.
Community
Development
Department
Construction
Manager
Tribal Cultural Resources
MM TCR-1: The San Manuel Band of Mission Indians Cultural
Resources Department (SMBMI), the Gabrieleno Band of
Mission Indians, and the City, shall be contacted, as detailed in
CR-1, of any pre-contact and/or post-contact cultural resources
discovered during project implementation, and be provided
Prior to the
issuance of any
ground
disturbance-
related permits
Develop Tribal
Monitoring
Plan; Site
monitoring
Archaeological
Monitor, Tribal
monitor, and
Community
5.h
Packet Pg. 137 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6923 : Resolution Adopting Mitigated
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 5 August 27, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
information regarding the nature of the find, so as to provide
Tribal input with regards to significance and treatment. Should
the find be deemed significant, as defined by CEQA (as
amended, 2015), a cultural resource Monitoring and Treatment
Plan shall be created by the archaeologist, in coordination with
SMBMI, the Gabrieleno Band of Mission Indians and the City,
and all subsequent finds shall be subject to this Plan. This Plan
shall allow for a monitor to be present that represents SMBMI
for the remainder of the project, should SMBMI elect to place
a monitor on-site.
(such as grading
permits); during
grading.
Develop
Cultural
Resource
Monitoring and
Treatment Plan
Development
Department
MM TCR-2: Any and all archaeological/cultural documents
created as a part of the Project (isolate records, site records,
survey reports, testing reports, etc.) shall be supplied to the
applicant, and the City, for dissemination to SMBMI, and the
Gabrieleno Band of Mission Indians. The City and/or applicant
shall, in good faith, consult with SMBMI and the Gabrieleno
Band of Mission Indians throughout the life of the project.
Prior to the
issuance of any
ground
disturbance-
related permits
(such as grading
permits); during
grading
Develop Tribal
Monitoring
Plan; Site
monitoring
Community
Development
Department
5.h
Packet Pg. 138 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6923 : Resolution Adopting Mitigated
FINAL
Foisy East Project
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
General Plan Amendment 19-03
Development Code Amendment 19-08
Development Permit Type D 19-13
Subdivision 19-16 (Tentative Parcel Map 20189)
August 27, 2020
Lead Agency:
City of San Bernardino
201 North E Street, 3rd Floor
San Bernardino, CA 92401
Travis Martin
(909) 384-5313
Consultant:
Kimley-Horn and Associates
3880 Lemon Street, Suite 420
Riverside, CA 92501
Kevin Thomas, CEP, ENV SP
(951) 543-9875
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Packet Pg. 139 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project– Final IS/MND
August 27, 2020
Table of Contents
Section 1.0 Introduction ................................................................................................................1
Section 1.1 Organization of the Final Initial Study/Mitigated Negative Declaration ......................... 1
Section 2.0 Affidavit of Distribution ...............................................................................................2
Section 3.0 Comment Letters and Responses to Comments ............................................................3
South Coast Air Quality Management District Comment Letter ..................................... 4
Response to SCAQMD .................................................................................................. 8
Section 4.0 Mitigation Monitoring and Reporting Program ........................................................... 13
Section 5.0 Errata to the Foisy East Project IS/MND ..................................................................... 14
Table 30: Summary of Project Trip Generation ........................................................... 14
Section 6.0 Public Draft IS/MND .................................................................................................. 15
List of Tables
Table 1: Comment Letters Received ....................................................................................................3
List of Appendices
Appendix A Affidavit of Distribution
Appendix B Mitigation Monitoring and Reporting Program
Appendix C Public Draft IS/MND
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Packet Pg. 140 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project– Final IS/MND
August 27, 2020
Page 1
Section 1.0 Introduction
Section 1.1 Organization of the Final Initial Study/Mitigated Negative Declaration
This Final Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared in accordance with
the requirements of the California Environmental Quality Act (CEQA) (California Public Resources Code
[PRC] 21000 et. seq.) and the CEQA Guidelines (California Code of Regulations [CCR] 15000 et. seq.). This
document, together with the Public Draft IS/MND circulated to the public from June 30, 2020 to
July 20, 2020 (Section 6.0), comprises the “Final” IS/MND for the development of the Foisy East Project
(the Project), pursuant to CEQA Guidelines Section 15074. The Final IS/MND is organized in the following
sections:
• Section 1.0 Introduction
• Section 2.0 Affidavit of Distribution
• Section 3.0 Comment Letters and Response to Comments
• Section 4.0 Mitigation Monitoring and Reporting Program
• Section 5.0 Errata to the Foisy East Project IS/MND
• Section 6.0 Public Draft IS/MND
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Packet Pg. 141 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project– Final IS/MND
August 27, 2020
Page 2
Section 2.0 Affidavit of Distribution
This section provides a record of all notices for the Public Draft IS/MND. Provided as Appendix A, Affidavit
of Distribution, of this Final IS/MND.
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Packet Pg. 142 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project– Final IS/MND
August 27, 2020
Page 3
Section 3.0 Comment Letters and Responses to Comments
This section provides a list of agencies and organizations that commented on the Draft IS/MND; copies of
the written comments received during the Draft IS/MND public review period; and the Lead Agency
responses to those comments. Table 1, Comment Letters Received, provides a breakdown of the
commenting agencies/organizations.
Table 1: Comment Letters Received
Commenter Date Received
(SCAQMD) South Coast Air Quality Management District July 20, 2020
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Packet Pg. 143 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project– Final IS/MND
August 27, 2020
Page 4
South Coast Air Quality Management District Comment Letter
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Packet Pg. 144 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project– Final IS/MND
August 27, 2020
Page 5
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Foisy East Project– Final IS/MND
August 27, 2020
Page 6
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Foisy East Project– Final IS/MND
August 27, 2020
Page 7
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Foisy East Project– Final IS/MND
August 27, 2020
Page 8
Response to SCAQMD
Response to Comment SCAQMD-1
This comment is an introductory statement from South Coast Air Quality Management District (SCAQMD)
which states SCAQMD’s intention to provide guidance to be incorporated into the Final IS/MND. The City
of San Bernardino appreciates the commenter’s review of the Draft IS/MND. No further response is
required.
Response to Comment SCAQMD-2
This comment summarizes the SCAQMD staff’s understanding of the Project. This comment states that
AQMD staff found that the proposed Project is located within 164 feet of an existing sensitive receptor.
The comment notes additional Project details provided in the Draft IS/MND, such as that the proposed
Project would include 40 dock doors. Additionally, the comment accurately summarizes that the Project
will not include refrigerated buildings. However, the comment mischaracterizes the proposed Project
description in noting that there will be 202 truck trips per day and in its statement that auxiliary
equipment, including but not limited to refrigerated truck compressors will be used for a period longer
than 15 minutes in any hour.
As shown on page 150, Table 30: Summary of Project Trip Generation, the Project anticipates 166 daily
truck trips.
As shown under subsection, Hours of Operation, page 11 of the Draft ISMND, the Project description
actually notes the contrary, as shown below:
“The Project will comply with Section 8.54.050(G) of the Municipal Code, which restricts the
operation or use of trucks greater than 10,000 pounds or of any auxiliary equipment attached to
such a vehicle, including, but not limited to, refrigerated truck compressors for a period longer
than 15 minutes in any hour while the vehicle is stationary and on a public right-of-way or public
space except when movement of said vehicle is restricted by other traffic between the hours of
8:00 p.m. and 7:00 a.m.”
In compliance with the City’s Municipal Code, the use of auxiliary equipment will be limited to 15 minutes
or less in any hour. No further response is required.
Response to Comment SCAQMD-3
This comment summarizes the findings of the air quality analysis. AQMD staff notes that the City of San
Bernardino found that impacts from construction and operational air quality emissions would be less than
significant, and that following a mobile source health risk assessment (HRA), based on the 30-year
exposure duration with 95th percentile breathing rates, cancer risk to the nearest residential receptors
would be 3.22 in one million, which would not exceed SCAQMD’s CEQA significance threshold of 10 in one
million for cancer risk. The comment summarizes correctly the Lead Agency’s findings. No further
response is required.
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Packet Pg. 148 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project– Final IS/MND
August 27, 2020
Page 9
Response to Comment SCAQMD-4
This comment states that SCAQMD believes air quality and health risks from refrigerated trucks were not
fully analyzed. To further reduce air quality impacts from refrigerated trucks, AQMD suggests that a
mitigation measure for refrigerated trucks be included in the Final MND.
As noted under Response to Comment SCAQMD-2, SCAQMD inaccurately noted under Comment AQMD-
2 that the Project anticipates refrigerated trucks to idle for at least 15 minutes per hour which has led
SCAQMD to further comment on the need for reevaluation of the modeling and analysis conducted. In
Response to Comment SCAQMD-2, the Project will comply with Section 8.54.050(G) of the Municipal
Code, which restricts the operation or use of trucks greater than 10,000 pounds or of any auxiliary
equipment attached to such a vehicle, including, but not limited to, refrigerated truck compressors for a
period longer than 15 minutes in any hour while the vehicle is stationary and on a public right-of-way or
public space except when movement of said vehicle is restricted by other traffic between the hours of
8:00 p.m. and 7:00 a.m.
Refrigerated truck emissions were fully evaluated in the MND in the analysis of operational air quality
emissions and in the mobile source HRA. As noted in the MND, the “analysis includes on-site and off-site
impacts from the diesel trucks accessing the warehouse development on nearby residential and worker
receptors.” Idling emissions of 15 minutes per anticipated truck, including transport refrigeration units
and auxiliary power units, were assumed in the model to estimate emissions.
Because no idling of refrigerated trucks for more than 15 minutes is anticipated onsite as part of the
Project operations, and because all potential emission sources from refrigerated trucks were already
considered in the IS/MND, SCAQMD’s suggested mitigation measure is not warranted. No further
response is required.
Response to Comment SCAQMD-5
This comment states that the City should consider all comments received and requests that SCAQMD
receive written responses to the comments prior to adoption of the Final IS/MND. The City will provide
SCAQMD with a link to the staff report and responses to comments prior to the Planning Commission
hearing. SCAQMD states that good faith, reasoned analysis in response to its comment is required and
that specific reasons for rejecting suggested mitigation measures need to be provided and supported by
substantial evidence. The responses herein provide such analysis and substantial evidence. No further
response is required.
Response to Comment SCAQMD-6
This comment provides contact information and states that SCAQMD staff is available to work with the
Lead Agency. The City appreciates the SCAQMD’s comments and availability for further discussion. No
further response is required.
Response to Comment SCAQMD-7
The comment requests that the Project conservatively analyzes the worst-case scenario to include
transport refrigeration units (TRUs), by evaluating operational emissions and cancer risk from the
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August 27, 2020
Page 10
transportation and idling of refrigerated trucks. If these are not recalculated and included in the Final
IS/MND, the comment requests that the Lead Agency provide reasons for not including them supported
by substantial evidence. See Response to Comment SCAQMD-2 above.
Response to Comment SCAQMD-8
This comment notes that to further reduce mobile source emissions during operation, particularly from
nitrogen oxide (NOx), SCAQMD staff commend that the Lead Agency include additional air quality
mitigation measures in the Final IS/MND. The commenter states that CEQA requires all feasible mitigation
measures that go beyond what is required by law to be utilized to minimize or eliminate significant
adverse air quality impacts. Here, however, there are no significant environmental impacts identified.
Impacts are less than significant without mitigation. CEQA Guidelines Section 15126.4(a)(3) is clear that
mitigation measures are not required for effects not found to be significant. Therefore, the City is not
required to adopt any of the measures suggested by SCAQMD.
Among the additional measures requested by SCAQMD, which are addressed in this response and
Responses to Comments SCAQMD 9-10 below, SCAQMD requests that the Project should require the use
of zero-emissions (ZE), near-zero-emissions (NZE), or 2010 or newer heavy trucks. The comment requests
that the Lead Agency should require that operators maintain records of all truck and equipment
associated with the proposed Project’s operation and make these records available to the Lead Agency
upon request. Alternatively, it is suggested that the Lead Agency should require periodic reporting and
provision of written records by operators and conduct regular inspections of the records to the maximum
extent feasible and practicable.
No significant air quality or health risk impacts were identified for the Project in the analyses prepared for
the Draft IS/MND. There would be no exceedances of any thresholds for criteria pollutants over the long-
term operational life of the Project, and the calculated cancer risk is well below the SCAQMD threshold.
Therefore, SCAQMD’s suggested measure is not required.
Further, it is not warranted because the emissions analysis in the Draft IS/MND used the pollutant
emission rates specified by the California Air Resources Board (CARB), which assume a phase-in of
increasingly cleaner trucks over time. By January 1, 2023, nearly all trucks in the state will be required to
have 2010 model year engines or equivalent to reduce emissions. In addition, interim steps are
incorporated into the regulations (e.g., vehicles older than 1999 will be replaced with newer engines by
2020). The CARB Advanced Clean Truck Regulation requires electric trucks in 2024, with the goal of every
new truck sold in California to be ZE by 2045. Manufacturers would need to increase the percentage of
their annual California sales from 2024 to 2035. By 2035, ZE truck/chassis sales would need to be
75 percent of Class 4 – 8 straight truck sales, and 40 percent of truck tractor sales.
Additionally, at least 7 percent of all vehicle parking spaces (including for trucks) for the Project must
include electric vehicle charging stations per the latest California Green Building Standards Code. Such
measures implemented at the Project site would accelerate the use of ZE and NZE technologies.
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August 27, 2020
Page 11
Response to Comment SCAQMD-9
This comment notes that ZE or NZE heavy-duty trucks could become feasible within the lifetime of the
proposed Project. The comment recommends that the City develop performance standards for trucks or
follow any other comparable standards in the Final IS/MND, as shown below:
• Develop a minimum amount of ZE or NZE heavy-duty trucks that the proposed Project must use during
each year of the operation to ensure adequate progress. Include this requirement in the proposed
Project’s tenant selection and operation management bid documents and business agreement.
• Establish a tenant/truck operator(s) selection policy that prefers tenant/truck operator(s) who can
supply the use of ZE or NZE heavy-duty trucks at the proposed Project. Include this policy in the bid
documents and business agreement.
• Develop a target-focused and performance-based process and timeline to review the feasibility to
implement the use of ZE or NZE heavy-duty trucks during operation. Include this process and timeline
in the proposed Project’s tenant selection and operation management bid documents and business
agreement.
• Develop a Project-specific process and criteria for periodically assessing progress in implementing the
use of ZE or NZE heavy-duty trucks during operation. Include this process and criteria in the proposed
Project’s tenant selection and operation management bid documents and business agreement.
Refer to Response to Comment SCAQMD-8, above. As noted above, no significant air quality or health risk
impacts were identified for the Project, therefore no mitigation measures are required. The emissions
analysis used the pollutant emission rates specified by CARB, which assume a phase-in of increasingly
cleaner trucks over time. The emissions analysis conservatively did not take credit for recent regulations
such as the CARB Advanced Clean Truck Regulation, and impacts were still less than significant without
mitigation. As such, the measure recommended by SCAQMD is not warranted.
Response to Comment SCAQMD-10
This comment suggests that the Project’s daily number of truck trips allowed is maintained at 202 as it is
currently shown in the Draft IS/MND and should not increase. The comment also suggests that if
reasonably foreseeable truck trips are anticipated to increase before the Final IS/MND is adopted that the
Lead Agency should consider additional daily truck trips and re-evaluate the air quality and HRA.
The comment incorrectly notes that the Project anticipates 202 daily truck trips into the Project site. As
shown on page 150, Table 30: Summary of Project Trip Generation, the Project anticipates 166 daily trucks.
The truck trips analyzed for the Project are based on Institute of Transportation Engineers (ITE) (from their
Trip Generation Manual) and SCAQMD recommendations for the proposed building size and type, which
is reasonable and reliable information constituting substantial evidence.
The CEQA section cited by SCAQMD, Section 15088.5, requires “significant new information” to be added
to a Final IS/MND if such information is known prior to finalizing the Final IS/MND. Here, the City does not
have any significant new information to include in the Final IS/MND. The City does not anticipate an
increase in the quantity of trucks analyzed to serve the Project and there is no reason to expect that the
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August 27, 2020
Page 12
Project would be able to accommodate more trucks than what is analyzed in the Public Draft IS/MND.
Instituting a cap on the number of trucks that can access the Project site on a daily basis is not required
under CEQA, nor would it be feasible for the City to monitor and enforce such a requirement. There is no
substantive information presented by this comment or by any of the information in the Project’s
administrative record that contradicts the reasonable assumptions made in the Public Draft IS/MND about
the expected number of truck trips. Restricting the amount of daily truck traffic would also not account
for variations in daily truck trips, such as day-to-day variations and potential weekday-weekend variations.
Further, requiring a daily vehicle count with the intent of limiting the number of vehicles that could
collectively enter or exit more than a single building on the Project site on a daily basis would render the
Project economically and functionally infeasible. Therefore, reducing the truck count is not a feasible
mitigation measure. The City concludes that it would be infeasible to impose and enforce a numerical cap
on the number of trucks that access the site on a daily basis during the Project’s operation. As such, no
additional re-evaluation or remodeling is warranted.
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Foisy East Project– Final IS/MND
August 27, 2020
Page 13
Section 4.0 Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Reporting Program (MMRP) will be included with the Project approval
resolution and findings should the Project be approved by the City. The MMRP is provided as Appendix B,
Mitigation Monitoring and Reporting Program.
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Foisy East Project– Final IS/MND
August 27, 2020
Page 14
Section 5.0 Errata to the Foisy East Project IS/MND
This section includes minor edits to the Public Draft IS/MND in response to comments from the public
(deleted text is shown in “strikeout” text, and new text is shown as underlined/italics. These modifications
represent minor corrections or clarify or amplify information in the IS/MND. Revisions herein do not result
in new significant environmental impacts, do not constitute significant new information, nor do they alter
the conclusions of the environmental analysis.
Table 30, Summary of Project Trip Generation, page 150, of the Public Draft IS/MND.
Table 30: Summary of Project Trip Generation
ITE Land Use ITE Code Unit
Trip Generation Rates
Daily AM Peak Hour PM Peak Hour
In Out Total In Out Total
Warehousing 150 KSF 1.740 0.131 0.039 0.170 0.051 0.139 0.190
PROJECT TRIP GENERATION
Project Land Use Quantity Unit
Project Trip Generation
Daily AM Peak Hour PM Peak Hour
In Out Total In Out Total
FORMER USE
Norton Science and Language
Academy2 906 Student 3724 515 456 971 109 127 236
PROPOSED USE
Warehousing 467.280 KSF
467.280
813
KSF
61
813
18
61
79
18
24
79
65
24
89
65
Passenger Vehicles 79.57% 647 49
647
14
49
63
14
19
63
52
19
71
52
Trucks 20.43% 166 12
166
4
12
16
4
5
16
13
5
18
13
PROJECT TRIPS – PASSENGER CAR EQUIVALENTS (PCE)
Vehicle
Type
Vehicle
Mix1
Daily
Vehicles
PCE
Factor Daily
Project Trip Generation
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Passenger
Vehicles 79.57% 647 1.0 647 49 14 63 19 52 71
2-Axle Trucks 3.46% 28 1.5 42 3 1 4 1 3 4
2 3-Axle
Trucks 4.64% 38 2.0 76 6 2 8 2 6 8
2 4-Axle
Trucks 12.33% 100 3.0 300 23 7 30 9 24 33
Total Truck PCE Trips 418 32 10 42 12 33 45
Total Project PCE Trips 1,065 81 24 105 31 85 116
Former Use Trips 3,724 515 456 971 109 127 236
Net Difference (Proposed Minus Existing) -2,659 -434 -432 -866 -78 -42 -120
Source: Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition
PCE = Passenger Car Equivalent
KSF = Thousand Square Feet
1 Source: Truck Trip Generation Study - City of Fontana, August 2003
2 Source: Trip Generation Study - Norton Science and Language Academy (November 2019)
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Foisy East Project– Final IS/MND
August 27, 2020
Page 15
Section 6.0 Public Draft IS/MND
This portion of the document includes the Public Draft IS/MND in its entirety, as was circulated during the
public review period, which ran from June 30, 2020 through July 20, 2020. The Public Draft IS/MND is
provided as Appendix C, Public Draft IS/MND.
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Foisy East Project– Final IS/MND
August 27, 2020
APPENDIX A
Affidavit of Distribution
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5.iPacket Pg. 159Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
APN 0280-021-23-0000
MAXIMINA F CARTER
17550 COMFREY DR
SAN BERNARDINO CA 92407
APN 0280-021-26-0000
JAIME SALAS
541 IDYLLWILD AVE
RIALTO CA 92376
APN 0280-021-27-0000
ENITALIA RAMIREZ
746 S FOISY ST
SAN BERNARDINO CA 92408
APN 0280-021-28-0000
ARISTEO H ORTIZ
752 FOISY ST
SAN BERNARDINO CA 92408
APN 0280-021-29-0000
AEC MORENO CORPORATION
1430 E COOLEY DR STE 120
COLTON CA 92324
APN 0280-021-30-0000
MAXIMINA F CARTER
17550 COMFREY DR
SAN BERNARDINO CA 92407
APN 0280-021-31-0000
BAKER ROBERT L SR FAMILY
TRUST 10-2
404 E CENTRAL AVE
SAN BERNARDINO CA 92408
APN 0280-021-32-0000
MUNOZ J. JESUS
400 E CENTRAL AVE
SAN BERNARDINO OU CA 92408
APN 0280-021-33-0000
MAXIMINA F CARTER
17550 COMFREY DR
SAN BERNARDINO CA 92407
APN 0280-021-34-0000
EBENEZER CHAMBI
3275 TWEEDY BLVD
SOUTH GATE CA 90280
APN 0280-021-47-0000
AMAZING 34 LLC
15 W 34TH ST 7TH FL
NEW YORK NY 10001
APN 0280-032-04-0000
WILLIAM VALOV
2339 MONTERA DR
HACIENDA HEIGHTS CA 91745
APN 0280-032-05-0000
SURJIT SINGH
12552 LASSELLE ST
MORENO VALLEY CA 92557
APN 0280-032-06-0000
CHAN V HUYNH
522 E CENTRAL AVE
SAN BERNARDINO CA 92408
APN 0280-032-07-0000
SHERRI ANN ZEMAN
495 DRAKE DR
SAN BERNARDINO CA 92408
APN 0280-032-08-0000
PETERSEN MATTHEW & DENISE
FAM TR7-1
11610 FREMONT ST
YUCAIPA CA 92399
APN 0280-032-09-0000
SHERRI ANN ZEMAN
495 DRAKE DR
SAN BERNARDINO CA 92408
APN 0280-032-10-0000
PADRINOS LEGACY LLC
16071 BEGONIA AVE
CHINO CA 91708
APN 0280-032-11-0000
JOSE F HERNANDEZ
26432 OLD ANVIL LN
MORENO VALLEY CA 92555
APN 0280-032-13-0000
MOODY MICHAEL V LIVING
TRUST 5/23/1
4026 BLUFF PL
SAN PEDRO CA 90731
APN 0280-032-14-0000
JOSE F GUZMAN
436 E 2ND ST
RIALTO CA 92376
APN 0280-032-15-0000
HARDING EDWARD J TR
P O BOX 2189
CAPISTRANO BEACH CA 92624
APN 0280-032-37-0000
WILLIAM F VALOV
2339 MONTERA
HACIENDA HEIGHTS CA 91745
APN 0280-032-38-0000
T D RABON
538 DRAKE DR
SAN BERNARDINO CA 92408
APN 0280-051-21-0000
CIVF V-CA1M01 LLC
ONE BEACON STREET 17TH
BOSTON MA 02108
APN 0280-131-02-0000
ROMERO FAMILY TRUST 4/11/01
1420 EL TRAVESIA DR
LA HABRA HEIGHTS CA 90631
APN 0280-131-15-0000
KEITH LAM
P O BOX 1554
MONTEREY PARK CA 91754
APN 0280-131-16-0000
OVERSTREET TRUST A 10/29/11
375 E CENTRAL AVE
SAN BERNARDINO CA 92408
APN 0280-131-17-0000
OVERSTREET TRUST A 10/29/11
375 E CENTRAL AVE
SAN BERNARDINO CA 92408
APN 0280-131-20-0000
RAMOS IVYN & JOSE F REV LIV
TR 1/6
8117 RANCHO PODEROSA RD
PARAMOUNT CA 90723
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APN 0280-131-34-0000
RAUL ROMERO JR
1420 EL TRAVESIA
LA HABRA HEIGHTS CA 90631
APN 0280-131-40-0000
ROMERO FAMILY TRUST 4/11/01
1420 EL TRAVESIA DR
LA HABRA HEIGHTS CA 90631
APN 0280-131-46-0000
RAMOS IVYN & JOSE F REV LIV
TR 1/6
8117 RANCHO PODEROSA RD
PARAMOUNT CA 90723
APN 0280-131-56-0000
CHENG ZHANG
958 S FOISY ST
SAN BERNARDINO CA 92408
APN 0280-131-57-0000
CHENG ZHANG
956 S FOISY ST
SAN BERNARDINO CA 92408
APN 0280-131-62-0000
VERA SAVILLE
1864 E HELMICK ST
CARSON CA 90746
APN 0280-141-03-0000
ROMERO FAMILY TRUST 4/11/01
1420 EL TRAVESIA DR
LA HABRA HEIGHTS CA 90631
APN 0280-141-04-0000
ROMERO FAMILY TRUST 4/11/01
1420 EL TRAVESIA DR
LA HABRA HEIGHTS CA 90631
APN 0280-141-05-0000
ROMERO FAMILY TRUST 4/11/01
1420 EL TRAVESIA DR
LA HABRA HEIGHTS CA 90631
APN 0280-141-06-0000
ZIEMANN JOSEPH & SHELLEY
REV TR 9/1
P O BOX 627
NEEDLES CA 92363
APN 0280-141-10-0000
OVERSTREET GEORGE LIVING
TRUST 10/2
374 E NORMAN RD
SAN BERNARDINO CA 92408
APN 0280-141-11-0000
OVERSTREET GEORGE LIVING
TRUST 10/2
374 E NORMAN RD
SAN BERNARDINO CA 92408
APN 0280-141-12-0000
ALLEN CHAPEL AFRICAN A M E
CHURCH
P O BOX 367
SAN BERNARDINO CA 92402
APN 0280-141-13-0000
ALLENS CHAPEL TR
PO BOX 367
SAN BERNARDINO CA 92402
APN 0280-141-15-0000
KASSANDRA RODRIGUEZ
1010 S FOISY ST
SAN BERNARDINO CA 92408
APN 0280-141-16-0000
LEILANI A AMORES
6942 JASMINE CT
SAN BERNARDINO CA 92407
APN 0280-141-17-0000
CHAPEL ALLEN
PO BOX 367
SAN BERNARDINO CA 92402
APN 0280-151-02-0000
BERNACCHI FAMILY TRUST
4/18/03
1136 CORONA LN
COSTA MESA CA 92626
APN 0280-151-03-0000
BERNACCHI FAMILY TRUST
1136 CORONA LN
COSTA MESA CA 92626
APN 0280-151-04-0000
BERNACCHI FAMILY TRUST
1136 CORONA LN
COSTA MESA CA 92626
APN 0280-151-05-0000
TUEY CHARLES K & PAMELA J
REV TR 20
1519 CYPRESS AVE
REDLANDS CA 92373
APN 0280-151-06-0000
TUEY CHARLES K & PAMELA J
REV TR 20
1519 CYPRESS AVE
REDLANDS CA 92373
APN 0280-151-07-0000
WATERMAN LAND VENTURES
LLC
4450 MACARTHUR BLVD STE 100
NEWPORT BEACH CA 92660
APN 0280-151-08-0000
WATERMAN LAND VENTURES
LLC
4450 MACARTHUR BLVD STE 100
NEWPORT BEACH CA 92660
APN 0280-151-09-0000
WATERMAN LAND VENTURES
LLC
4450 MACARTHUR BLVD STE 100
NEWPORT BEACH CA 92660
APN 0280-151-10-0000
HSB LAND LP
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-151-11-0000
HSB LAND
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-151-13-0000
HSB LAND LP
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-151-14-0000
HSB LAND LP
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-151-15-0000
LENA ROAD DRAINAGE BASIN
NORTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
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APN 0280-151-16-0000
LENA ROAD DRAINAGE BASIN
NORTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-151-17-0000
LENA ROAD DRAINAGE BASIN
NORTH LLC
9800 HILLWOOD PKWY STE 300
FORTH WORTH TX 76177
APN 0280-151-18-0000
HSB LAND LP
3000 TURTLE CREEK BLVD
DALLAS TX 75219
APN 0280-151-20-0000
WATERMAN LAND VENTURES
LLC
4450 MACARTHUR BLVD STE 100
NEWPORT BEACH CA 92660
APN 0280-151-21-0000
SHARON LYNN EAST
P O BOX 2461
SAN BERNARDINO CA 92406
APN 0280-151-22-0000
HSB LAND LP
3000 TURTLE CREEK BLVD
DALLAS TX 75219
APN 0280-151-24-0000
HSB LAND LP
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-151-25-0000
HSB LAND LP
3000 TURTLE CREEK BLVD
DALLAS TX 75219
APN 0280-152-24-0000
HSB LAND L.P.
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-161-03-0000
GRACE G GREENE
1015 S FOISY ST
SAN BERNARDINO CA 92408
APN 0280-161-05-0000
ADDIE LOGAN
1483 N GRAND ST
SAN BERNARDINO CA 92411
APN 0280-161-06-0000
ADDIE LOGAN
1483 N GRAND ST
SAN BERNARDINO CA 92411
APN 0280-161-07-0000
ADDIE LOGAN
1483 N GRAND ST
SAN BERNARDINO CA 92411
APN 0280-161-08-0000
ADDIE LOGAN
1483 N GRAND ST
SAN BERNARDINO CA 92411
APN 0280-161-09-0000
ADDIE LOGAN
1483 N GRAND ST
SAN BERNARDINO CA 92411
APN 0280-161-10-0000
ADDIE LOGAN
1483 N GRAND ST
SAN BERNARDINO CA 92411
APN 0280-161-11-0000
ADDIE LOGAN
1483 N GRAND ST
SAN BERNARDINO CA 92411
APN 0280-161-12-0000
ADDIE LOGAN
1483 N GRAND ST
SAN BERNARDINO CA 92411
APN 0280-161-13-0000
ADDIE LOGAN
1483 GRAND ST
SAN BERNARDINO CA 92411
APN 0280-161-14-0000
ADDIE LOGAN
1483 N GRAND ST
SAN BERNARDINO CA 02411
APN 0280-161-15-0000
LENA ROAD DRAINAGE BASIN
SOUTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-161-16-0000
LENA ROAD DRAINAGE BASIN
SOUTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-161-17-0000
LUDIM OJEDA
514 E NORMAN RD
SAN BERNARDINO CA 92408
APN 0280-161-18-0000
MIGUEL RODRIGUEZ
26017 SCOTT VICTOR CIR
MORENO VALLEY CA 92555
APN 0280-161-19-0000
HEATHCOCK ALONZO
7770 VICTORIA AVE
HIGHLAND CA 92346
APN 0280-161-21-0000
BAHEEJAH BUDD
P O BOX 30571
SAN BERNARDINO CA 92413
APN 0280-161-22-0000
COBRA 28 NO 6 LP
4900 SANTA ANITA AVE #2C
EL MONTE CA 91731
APN 0280-161-23-0000
T RAWLS
5480 CAMERON ST #103
LAS VEGAS NV 89118
APN 0280-161-24-0000
JIMMY PINEDA
434 E NORMAN RD
SAN BERNARDINO CA 92408
APN 0280-161-30-0000
ELENA GHERMAN
10592 BELL ST
STANTON CA 90680
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APN 0280-161-31-0000
MARIA ANTONIA PEREZ
6946 BANDICOT
OAK HILL CA 92344
APN 0280-171-01-0000
LENA ROAD DRAINAGE BASIN
SOUTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-171-02-0000
LENA ROAD DRAINAGE BASIN
SOUTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-171-03-0000
LENA ROAD DRAINAGE BASIN
SOUTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-171-04-0000
LENA ROAD DRAINAGE BASIN
SOUTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-171-05-0000
LENA ROAD DRAINAGE BASIN
SOUTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-171-06-0000
LENA ROAD DRAINAGE BASIN
SOUTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-171-07-0000
LENA ROAD DRAINAGE BASIN
SOUTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-171-08-0000
LENA ROAD DRAINAGE BASIN
SOUTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-171-09-0000
LENA ROAD DRAINAGE BASIN
SOUTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-171-10-0000
LENA ROAD DRAINAGE BASIN
SOUTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-171-11-0000
LENA ROAD DRAINAGE BASIN
SOUTH LLC
9800 HILLWOOD PKWY STE 300
FORT WORTH TX 76177
APN 0280-171-18-0000
VALLEY MUNI WATER DIS SAN
BERNARDINO
380 E VANDERBILT WAY
SAN BERNARDINO CA 92408
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Packet Pg. 163 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
CALIFORNIA NEWSPAPER SERVICE BUREAU
SBS#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the SAN
BERNARDINO COUNTY SUN. Please read this notice carefully and call us
with any corrections. The Proof of Publication will be filed with the County
Clerk, if required, and mailed to you after the last date below. Publication
date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012
Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com
Stephanie Sanchez
SAN BERNARDINO CITY DEV SERVICE
300 NORTH D ST #300
SAN BERNARDINO, CA 92418
GPN GOVT PUBLIC NOTICE
NOI Foisey Project
06/30/2020
Publication
Total
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COPY OF NOTICE
3376115
!A000005441422!
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date of publication. If you prepaid this order in full, you will not receive an
invoice.
NOTICE OF INTENT
TO ADOP T A MITIGATED
NEGA TIVE DECLARATION FOR
THE
FOISY EAST P ROJECT
In accordance with the California
Environmental Quality Act (CEQA)
and the State CEQA guidelines,the
City of San Bernardino (City)(as
lead agency)has prepared a Draft
Mitigated Negative Declaration
(Draft MND)to evaluate the
environmental effects associated
with the proposed Foisy East
Project located at the southeast
corner of Foisy Street and Central
Avenue,in the City of San
Bernardino (General Plan
Amendment 19-03,Development
Code Amendment (Zoning Map
Amendment)19-08,Subdivision 19-16
(Tentative Parcel Map 20189),and
Development Permit Type D 19-13.
In accordance with Section 15072 of
the CEQA Guidelines,the City has
prepared this Notice of Intent to
provide responsible and interested
parties with information about the
project details regarding the public
comment period,document
availability,and public meetings.
Project Title:Foisy East P roject
Project Applicant :Wa terman
Land Vent ures,LL C
Pr oject Description
The Project involves the
construction of a new concrete tilt-
up 467,125-square foot (SF)
industrial warehouse/distribution
facility,inclusive of the 20,000-
square feet of office space.The
offices would be located on the
northeast and northwest corners of
the building as ancillary uses.The
Project site currently contains 10
parcels.Seven of the parcels have a
General Plan Land Use Designation
of Industrial and a Zoning District of
Industrial Light (IL)and the
proposed Project would be
consistent with these parcels.The
remaining three parcels have a
General Plan Land Use Designation
of Open Space (OS)and a Zoning
District of Public Park (PP).The
proposed Project is requesting
approval of General Plan
Amendment (GPA)19-03 and
Development Code Amendment
(Zoning Map Amendment)19-08 to
change the General Plan Land Use
Designation and Zoning District of
the three inconsistent parcels,
Subdivision 19-16 for Tentative
Parcel Map 20189,and Development
Permit Type-D 19-13.
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California Government Code section
65962.5
The Project site is not part of a
Cortese List,and is not located on a
California Department of Toxic
Substances list.
Project Location:
The Project site is comprised of ten
parcels on an approximately 20.29-
acre site.The proposed Project site
is in the southcentral portion of the
City and located on the southeast
corner of Foisy Street and Central
Avenue,in the City of San
Bernardino.More specifically,the
Project site is bounded by Central
Avenue,residential and industrial
properties,and vacant land on the
north,vacant land and residential
property on the south,vacant land
on the east,and Foisy Street,a new
warehouse,and vacant land beyond
to the west.Local access to the
Project site is provided via
Waterman Avenue,Valley View
Avenue,Central Avenue,and Foisy
Street.Regional Access is provided
via Interstate 215 (I-215)at Orange
Show Road and Inland Center Drive,
and via Interstate 10 (I-10)at
Waterman Avenue.
P u blic Com ment Perio d:
The 20-day public comment period
for the Mitigated Negative
Declaration begins on Tuesday,
June 30,2020 and closes on July 20,
2020.Please submit comments no
later than 5:00 p.m.on July 29,2020
to Travis Martin,Associate Planner,
at the address above (290 North D
Street)or by email at
martin_tr@sbcity.org.
Docume nt Av ailabilit y:
Copies of the Mitigated Negative
Declaration and Initial Study are
available for public review at the
following locations:
-Cit y of San Berna rdino We bsite:
http://sbcity.org/cityhall/community
_n_economic_development/planning/
environmental_documents.asp
-City of Sa n Bern ardino Planning
Division ---By Appoin tment O nl y
201 North E Street,3rd Floor
San Bernardino,CA 92401
(909)384-5357
-City Clerk's Office ---By
Appointment Only
201 North E Street,Bldg A
San Bernardino,CA 92410
(909)384-5002
The City has tentatively scheduled
the Project for a Development and
Environmental Review Committee
(D/ERC)meeting on August 26th,
2020 at 10:00 am,and for a Planning
Commission hearing on September
8,2020 at 6:00 pm.If you require
special accommodations for either
of these meetings,or have any other
questions,please contact Travis
Martin at least five (5)business
days prior to the meeting.
6/30/20
SBS-3376115#
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Foisy East Project– Final IS/MND
August 27, 2020
APPENDIX B
Mitigation Monitoring and Reporting Program
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Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 1 August 17, 2020
FOISY EAST PROJECT IS/MND
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
Biological Resources
MM BIO-1: Bird nesting season generally extends from
February 1 through September 15 in southern California and
specifically, April 15 through August 31 for migratory
passerine birds. To avoid impacts to nesting birds (common
and special status) during the nesting season, a qualified
Avian Biologist will conduct pre‐construction Nesting Bird
Surveys (NBS) prior to project‐related disturbance to
nestable vegetation to identify any active nests. If no active
nests are found, no further action will be required.
If an active nest is found, the biologist will notify the City, and
will set appropriate no‐work buffers around the nest which
will be based upon the nesting species, its sensitivity to
disturbance, nesting stage and expected types, intensity and
duration of disturbance. The nests and buffer zones shall be
field checked weekly by a qualified biological monitor. The
approved no‐work buffer zone shall be clearly marked in the
field, within which no disturbance activity shall commence
until the qualified biologist has determined the young birds
have successfully fledged and the nest is inactive. The
biologist shall file a closure letter with the City once the no
disturbance period has ended.
Prior to
initiating
ground-
disturbing
activities
Pre-
construction
inspection
Community
Development
Department
Qualified
Biologist
Cultural Resources
MM CUL-1: In the event that cultural resources are
discovered during project activities, all work in the immediate
vicinity of the find (within a 60-foot buffer) shall cease, the
City shall be notified, and a qualified archaeologist meeting
Secretary of Interior standards shall be hired to assess the
During ground-
disturbing
activities
Site monitoring Qualified
Archaeologist
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Page 2 August 17, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
find. Work on the other portions of the project outside of the
buffered area may continue during this assessment period.
Additionally, the San Manuel Band of Mission Indians Cultural
Resources Department (SMBMI) shall be contacted, as
detailed within TCR-1, regarding any pre-contact and/or
post-contact finds and be provided information after the
archaeologist makes his/her initial assessment of the nature
of the find, so as to provide Tribal input to the City with
regards to significance and treatment..
MM CUL-2: If significant pre-contact and/or post-contact
cultural resources, as defined by CEQA (as amended, 2015),
are discovered and avoidance cannot be ensured, the
archaeologist shall develop a Monitoring and Treatment
Plan, the drafts of which shall be provided to SMBMI and the
City for review and comment, as detailed within TCR-1. The
archaeologist shall monitor the remainder of the project and
implement the Plan accordingly.
During ground-
disturbing
activities
Site monitoring Qualified
Archaeologist
MM CUL-3: If human remains or funerary objects are
encountered during any activities associated with the
project, work in the immediate vicinity (within a 100-foot
buffer of the find) shall cease, the City shall be notified, and
the County Coroner shall be contacted pursuant to State
Health and Safety Code §7050.5 and that code enforced for
the duration of the project.
During ground-
disturbing
activities
Site monitoring Community
Development
Department
Qualified
Archaeologist
Geology and Soils
MM GEO-1: Paleontological Resources. Any deep
excavations (i.e., over 5 feet in depth) in the proposed Project
area must be monitored by a qualified paleontologist. In the
event of an inadvertent discovery, the following measures
shall apply:
1) Upon discovery of an unearthed fossil, earthwork within
the vicinity of the discovery shall immediately halt, and a
During
construction
Site monitoring
Site Inspection
Qualified
Paleontologist
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Page 3 August 17, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
qualified paleontologist should evaluate the discovery.
Earthwork shall be diverted until the significance of the
fossil discovery can be assessed by the qualified
paleontologist.
2) If the fossil discovery is deemed significant, the fossil shall
be recovered using appropriate recovery techniques based
on the type, size, and mode of preservation of the
unearthed fossil.
3) Earthwork may resume in the area of the fossil discovery
once the fossil has been recovered, and the qualified
paleontologist deems the site has been mitigated to the
extent necessary. Additional earthwork following the fossil
discovery may be monitored for paleontological resources
on an as-needed basis, at the discretion of the qualified
paleontologist.
4) Recovered fossils shall be prepared, identified,
catalogued, and stored in a recognized professional
repository along with associated field notes, photographs,
and compiled fossil locality data. For projects in San
Bernardino County the recommended designated repository
is the San Bernardino County Museum. Donation of the
fossils should be accompanied by financial support for initial
specimen curation and storage.
5) A final summary report should be completed that outlines
the results of the mitigation program. This report should
include discussions of the methods used, stratigraphic
section(s) exposed, fossils collected, and significance of
recovered fossils. This report shall be submitted to
appropriate agencies (e.g., project proponent, City of San
Bernardino), as well as to the designated repository.
Site Monitoring
Qualified
Paleontologist
Qualified
Paleontologist
Qualified
Paleontologist
Archaeological
Monitor, Tribal
monitor
Qualified
Paleontologist
Hazards and Hazardous Materials
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City of San Bernardino Mitigation Monitoring and Reporting Program
Page 4 August 17, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
MM HAZ-1: A hazardous spill prevention plan shall be
prepared by the Applicant and submitted to the City for
approval to minimize the likelihood of a spill shall be
prepared prior to construction. The plan shall state the
actions that would be required if a spill occurs to prevent
contamination of surface waters and provide for cleanup
of the spill. The plan shall follow Federal, state, and local
safety guidelines and standards to avoi d increased
exposure to these pollutants.
Prior to
construction
start
Develop
Hazardous Spill
Prevention plan
Community
Development
Department
MM HAZ-2: If a contaminated area is encountered during
construction, construction shall cease in the vicinity of the
contaminated area. The construction contractor shall notify
all appropriate authorities, including the EPA and the City. If
necessary, the contaminated site shall be remediated to
minimize the potential for exposure of the public and to allow
the Project to be safety constructed.
During
Construction
Construction
halt
Authority
Notification
Community
Development
Department
Noise
MM NOI-1: During all project site excavation and grading, the
construction contractors shall equip all construction
equipment, fixed or mobile, with properly operating and
maintained mufflers, consistent with the manufacturers’
standards. The construction contractors shall place all
stationary construction equipment so that emitted noise is
directed away from the noise sensitive receptors (residences)
nearest the Project site.
During
Construction
Continuously
implemented
via
manufacture
standards.
Community
Development
Department
Construction
Manager
Tribal Cultural Resources
MM TCR-1: The San Manuel Band of Mission Indians Cultural
Resources Department (SMBMI), the Gabrieleno Band of
Mission Indians, and the City, shall be contacted, as detailed in
CR-1, of any pre-contact and/or post-contact cultural resources
discovered during project implementation, and be provided
Prior to the
issuance of any
ground
disturbance-
related permits
Develop Tribal
Monitoring
Plan; Site
monitoring
Archaeological
Monitor, Tribal
monitor, and
Community
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City of San Bernardino Mitigation Monitoring and Reporting Program
Page 5 August 17, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
information regarding the nature of the find, so as to provide
Tribal input with regards to significance and treatment. Should
the find be deemed significant, as defined by CEQA (as
amended, 2015), a cultural resource Monitoring and Treatment
Plan shall be created by the archaeologist, in coordination with
SMBMI, the Gabrieleno Band of Mission Indians and the City,
and all subsequent finds shall be subject to this Plan. This Plan
shall allow for a monitor to be present that represents SMBMI
for the remainder of the project, should SMBMI elect to place
a monitor on-site.
(such as grading
permits); during
grading.
Develop
Cultural
Resource
Monitoring and
Treatment Plan
Development
Department
MM TCR-2: Any and all archaeological/cultural documents
created as a part of the Project (isolate records, site records,
survey reports, testing reports, etc.) shall be supplied to the
applicant, and the City, for dissemination to SMBMI, and the
Gabrieleno Band of Mission Indians. The City and/or applicant
shall, in good faith, consult with SMBMI and the Gabrieleno
Band of Mission Indians throughout the life of the project.
Prior to the
issuance of any
ground
disturbance-
related permits
(such as grading
permits); during
grading
Develop Tribal
Monitoring
Plan; Site
monitoring
Community
Development
Department
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Foisy East Project– Final IS/MND
August 27, 2020
APPENDIX C
Public Draft IS/MND
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Draft
Foisy East Project
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
General Plan Amendment 19-03
Development Code Amendment 19-08
Development Permit Type D 19-13
Subdivision 19-16 (Tentative Parcel Map 20189)
June 2020
Lead Agency:
City of San Bernardino
201 North E Street, 3rd Floor
San Bernardino, CA 92401
Travis Martin
(909) 384-5313
Consultant:
Kimley-Horn and Associates
3880 Lemon Street, Suite 420
Riverside, CA 92501
Kevin Thomas, CEP, ENV SP
(951) 543-9875
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Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page i June 2020
Table of Contents
1.0 Introduction ........................................................................................................... 1
1.1 Project Overview ....................................................................................................................... 1
1.2 Lead Agency ............................................................................................................................... 1
1.3 Purpose and Scope of the Initial Study ..................................................................................... 1
1.4 Mitigation Measures ................................................................................................................. 2
1.5 Environmental Resource Topics ................................................................................................ 2
1.6 Document Organization ............................................................................................................ 3
1.7 Required Permits and Approvals ............................................................................................... 3
1.8 Summary of Findings ................................................................................................................. 4
1.9 Initial Study Review Process ...................................................................................................... 4
1.10 Project Applicant(s)/Sponsor(s) ................................................................................................ 4
2.0 Project Information ................................................................................................ 5
2.1 Proposed Project Overview and Background ............................................................................ 5
2.2 Regional Location ...................................................................................................................... 5
2.3 Project Site Location .................................................................................................................. 5
2.4 Existing Conditions .................................................................................................................... 6
2.5 General Plan and Zoning Designations ...................................................................................... 6
2.6 Proposed Project Characteristics .............................................................................................. 7
2.7 Project Approvals .................................................................................................................... 11
3.0 Initial Study Checklist ........................................................................................... 39
3.1 Environmental Factors Potentially Affected by the Project .................................................... 42
3.2 Evaluation of Environmental Impacts ..................................................................................... 43
Aesthetics ................................................................................................................................ 44
Agricultural and Forestry Resources ....................................................................................... 48
Air Quality ................................................................................................................................ 51
Biological Resources ................................................................................................................ 66
Cultural Resources ................................................................................................................... 71
Energy ...................................................................................................................................... 77
Geology and Soils .................................................................................................................... 81
Greenhouse Gas Emissions ..................................................................................................... 89
Hazards and Hazardous Materials ........................................................................................... 99
Hydrology and Water Quality ................................................................................................ 106
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Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page ii June 2020
Land Use and Planning .......................................................................................................... 115
Mineral Resources ................................................................................................................. 118
Noise ...................................................................................................................................... 120
Population and Housing ........................................................................................................ 132
Public Services ....................................................................................................................... 134
Recreation ............................................................................................................................. 137
Transportation ....................................................................................................................... 138
Tribal Cultural Resources ....................................................................................................... 164
Utilities and Service Systems ................................................................................................. 167
Wildfire .................................................................................................................................. 173
Mandatory Findings of Significance ...................................................................................... 175
4.0 References ......................................................................................................... 177
Appendices
A Air Quality/ Greenhouse Gas Data/ Health Risk Assessment
B Biological Resources Assessment and Jurisdictional Delineation
C1 Cultural Resources Assessment
C2 AB 52 Consultation
C3 SB 18 Consultation
D Geotechnical Investigation
E Phase I Environmental Site Assessment
F Preliminary Hydrology Report
G Preliminary Water Quality Management Plan
H Noise Report
I Traffic Impact Analysis
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Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page iii June 2020
List of Exhibits
Exhibit 1 Regional Location .................................................................................................. 13
Exhibit 2 Local Vicinity Map ................................................................................................. 15
Exhibit 3 Aerial View............................................................................................................ 17
Exhibit 4 Project Site Assessor Parcel Numbers .................................................................... 19
Exhibit 5 Preliminary Site Plan ............................................................................................. 21
Exhibit 6 Existing General Plan Land Use Designation ........................................................... 23
Exhibit 7 Proposed General Plan Land Use Designation ........................................................ 25
Exhibit 8 Existing Zoning Designation ................................................................................... 27
Exhibit 9 Proposed Zoning Designation ................................................................................ 29
Exhibit 10 Building Elevations .............................................................................................. 31
Exhibit 11 Preliminary Landscape Plan ................................................................................. 33
Exhibit 12 Sewer Area Map .................................................................................................. 35
Exhibit 13 Storm Drain Plan ................................................................................................. 37
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City of San Bernardino Initial Study/Mitigated Negative Declaration
Page iv June 2020
List of Tables
Table 1: Existing Land Use, General Plan Land Use and Zoning Designations ........................... 7
Table 2: Project Summary ...................................................................................................... 8
Table 3: SCAQMD CEQA Thresholds of Significance .............................................................. 53
Table 4: Regional Maximum Daily Construction Emissions (lbs/day) ..................................... 54
Table 5: Operational Emissions (lbs/day) ............................................................................. 55
Table 6: Construction LST Evaluation ................................................................................... 58
Table 7: On-Site Operational LST Evaluation......................................................................... 59
Table 8: Risk Assessment Results ......................................................................................... 62
Table 9: Cultural Resources and Studies Within One Mile of the Project Site ........................ 72
Table 10: Construction GHG Emissions ................................................................................. 92
Table 11: Operational GHG Emissions .................................................................................. 92
Table 12: Regional Transportation Plan/Sustainable Communities Strategy Consistency ...... 94
Table 13: Project Consistency with Applicable CARB Scoping Plan Meas ures ........................ 96
Table 14: Non-Structural Source Control BMPs .................................................................. 109
Table 15: Structural Source Control BMPs .......................................................................... 111
Table 16: Existing Traffic Noise Levels ................................................................................ 123
Table 17: Noise Measurements .......................................................................................... 123
Table 18: Maximum Noise Levels Generated by Construction Equipment ........................... 126
Table 19: Horizon Year Project Traffic Noise Levels ............................................................ 129
Table 20: Typical Vibration Levels for Construction Equipment ........................................... 130
Table 21: City of San Bernardino Multimodal Connectivity ................................................. 140
Table 22: Level of Service Criteria for Signalized and Unsignalized Intersections ................ 142
Table 23: Existing Conditions - Summary of Intersection Operations .................................. 144
Table 24: City of San Bernardino Roadway Capacity Standards ........................................... 145
Table 25: Existing Conditions – Summary of Roadway Segment Analysis ............................ 145
Table 26: Opening Year Base (2023) ................................................................................... 147
Table 27: Opening Year Base (2023) – Summary of Roadway Segment Analysis .................. 147
Table 28: Opening Year Base (2023) Plus Other (Cumulative) Projects – Summary of
Intersection Operations...................................................................................... 148
Table 29: Opening Year Base (2023) Plus Other (Cumulative) Projects – Summary of Roadway
Segment Analysis ............................................................................................... 149
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City of San Bernardino Initial Study/Mitigated Negative Declaration
Page v June 2020
Table 30: Summary of Project Trip Generation ................................................................... 150
Table 31: Opening Year Base (2023) Plus Other Projects Plus Project – Summary of
Intersection Operations...................................................................................... 152
Table 32: Opening Year Base (2023) Plus Other Projects Plus Project – Summary of Roadway
Segment Analysis ............................................................................................... 154
Table 33: Future Build-Out 2040 Cumulative Base – Summary of Intersection Operations .. 155
Table 34: Future Build-Out 2040 Cumulative Base – Summary of Roadway Segment Analysis
156
Table 35: Future Buildout 2040 Plus Project – Summary of Intersection Operations ........... 157
Table 36: Future Build-Out 2040 Cumulative Base Plus Project – Summary of Roadway
Segment Analysis ............................................................................................... 159
Table 37: Normal Year Supply and Demand Comparison (AF) ............................................. 169
Table 38: Single Dry Year Supply and Demand Comparison (AF) ......................................... 170
Table 39: Multiple Dry Years Supply and Demand Comparison (AF) .................................... 170
Table 40: Current and Projected Wastewater Collection and Treatment ............................. 171
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Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 1 June 2020
1.0 INTRODUCTION
1.1 Project Overview
This Initial Study/Mitigated Negative Declaration (IS/MND) was prepared by Kimley-Horn and
Associates (Kimley-Horn) for the City of San Bernardino (City) to assess whether there may be
significant environmental impacts associated with the proposed Foisy East Project (“Project or
“proposed Project”), located on the southeast corner of Foisy Street and Central Avenue, in the
City of San Bernardino, California. This IS/MND was prepared consistent with the requirements
of the California Environmental Quality Act (CEQA) on the basis that there was no substantial
evidence that there may be significant environmental impacts on specific environmental areas.
Where a potentially significant impact may occur, the most appropriate mitigation measure(s)
have been identified and would avoid or mitigate the potential impact to a level of less than
significant.
1.2 Lead Agency
The lead agency is the public agency with primary responsibility for a proposed project. Where
two or more public agencies will be involved with a project, CEQA Guidelines §15051 establishes
criteria for identifying the lead agency. In accordance with CEQA Guidelines §15051(b) (1), “the
lead agency will normally be the agency with general governmental powers, such as a city or
county, rather than an agency with a single or limited purpose.” Pursuant to State CEQA
Guidelines §15367 and based on the criterion above, the City of San Bernardino is the lead agency
for the proposed Foisy East San Bernardino Project.
1.3 Purpose and Scope of the Initial Study
In accordance with CEQA (California Public Resources Code [PRC] §21000 et seq.) and its
Guidelines (California Code of Regulations [CCR], Title 14, §15000 et seq.), this IS/MND has been
prepared to evaluate the potential environmental effects associated with the construction and
operation of the Project.
Per State CEQA Guidelines, §15070, a public agency shall prepare or have prepared a proposed
negative declaration or MND for a project subject to CEQA when:
a) The initial study shows no substantial evidence, in light of the whole record before the
agency, that the project may have a significant effect on the environment, or
b) The initial study identifies potentially significant effects, but:
1) Revisions in the project plans or proposals made by, or agreed to by the applicant
before the proposed mitigated negative declaration and initial study are released for
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public review would avoid the effects or mitigate the effects to a point whe re clearly
no significant effects would occur, and
2) There is no substantial evidence, in light of the whole record before the agency, that
the project as revised may have a significant effect on the environment.
1.4 Mitigation Measures
Per State CEQA Guidelines, §15041, Authority to Mitigate, a lead agency for a project has
authority to require feasible changes in any or all activities involved in the project in order to
substantially lessen or avoid significant effects on the environment, consistent with applicable
constitutional requirements such as the “nexus” and “rough proportionality” standards. As
defined by State CEQA Guidelines, §15364, “feasible” means capable of being accomplished in a
successful manner within a reasonable period of time, taking into account economic,
environmental, legal social, and technological factors. If significant impacts are identified, then
mitigation measures are adopted to reduce the impact to less than significant levels. State CEQA
Guidelines, §15126.4 states that mitigation measures must be consistent with all applicable
constitutional requirements, including the following:
• There must be an essential nexus (i.e., connection) between the mitigation measure and
legitimate governmental interest.
• The mitigation measure must be “roughly proportional” to the impacts of the project.
There are several forms of mitigation under CEQA (see State CEQA Guidelines, §15370). These
are summarized below.
• Avoiding the impact altogether by not taking a certain action or parts of an action.
• Minimizing impacts by limiting the degree or magnitude of the action and its
implementation.
• Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.
• Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action.
• Compensating for the impact by replacing or providing substitute resources or
environment.
Avoiding impacts is the preferred form of mitigation, followed by minimizing or rectifying the
impact to less than significant levels. Compensating for impacts would be used only when the
other mitigation measures are not feasible.
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1.5 Environmental Resource Topics
This IS/MND evaluates the proposed Project’s impacts on the following resource topics:
• Aesthetics
• Agricultural and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfire
• Mandatory Findings of Significance
1.6 Document Organization
This IS/MND is divided into the following sections:
Section 1.0. Introduction – This section describes the purpose and organization of the document.
Section 2.0. Project Information – This section describes the whole of the proposed Project in
detail. It also identifies any other public agencies whose review, approval, and/or permi ts may
be required.
Section 3.0. Initial Study Environmental Checklist – This section describes the environmental
setting and overview for each of the environmental resource topics. It evaluates a range of
impacts classified as “no impact,” “less than significant impact,” “less than significant impact with
mitigation incorporated,” and “potentially significant impact” in response to the CEQA
Appendix G: Environmental Checklist Form (Environmental Checklist).
1.7 Required Permits and Approvals
The following permits, agreements, and regulatory review processes must be approved by the
City before any construction or operation of the Project, as proposed, is permitted:
• General Plan Amendment 19-03
• Development Code Amendment 19-08
• Development Permit Type-D 1913
• Subdivision 19-16 (Tentative Parcel Map 20189)
• Tree Removal Permit
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Other permits required for the Project may include but are not limited to the following: issuance
of encroachment permits for driveways, sidewalks, and connection to utilities; lighting;
demolition permits; building permits; grading permits; tenant improvement permits; and permits
for new utility connections.
1.8 Summary of Findings
Section 3.0 of this document contains the Environmental Checklist that was prepared for the
proposed Project pursuant to Appendix G of the State CEQA Guidelines. The Environmental
Checklist indicates that the proposed Project would not result in significant impacts with the
implementation of mitigation measures, as identified where applicable throughout th is
document.
1.9 Initial Study Review Process
The IS and a Notice of Intent (NOI) to adopt an MND will be distributed to responsible and trustee
agencies, other affected agencies, the California Office of Planning and Research State
Clearinghouse, and other parties for a 30-day public review period.
Written comments regarding this MND should be addressed to:
Travis Martin, Associate Planner
Community & Economic Development Department
City of San Bernardino
201 North E Street, 3rd Floor
San Bernardino, CA 92401
909-384-5313 and martin_tr@sbcity.org
After the 30-day review period, comments submitted to the City during the public review period
will be considered and addressed prior to the adoption of the MND by the City.
1.10 Project Applicant(s)/Sponsor(s)
Project Applicant and Property Owner:
Waterman Land Ventures, LLC
4450 MacArthur Blvd., Suite 100
Newport Beach, CA 92660
Contact: Chadwick Manista
(949) 910-1080
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2.0 PROJECT INFORMATION
2.1 Proposed Project Overview and Background
The Project site is currently used by the Lewis Center for Education Research (LCER) which
currently operates the Norton Science and Language Academy (NSLA), serving approximately 800
children grades Kindergarten through 8. This is a shared facility with the County of San
Bernardino, which operates the Mill Child Development Center (Head Start/Preschool facility) at
the same location, offering services to approximately 120 children in Transitional Kindergarten
(TK), located at 503 East Central Avenue, San Bernardino, CA 92408.
A portion of the Project site is a privately-owned park, the Mill Center Park, which would be
replaced through development of the recently approved new NSLA campus. The Project site also
contains commercial and single-family residential uses which will be demolished for
development of the warehouse/logistics facility. Additionally, the existing location (Project site)
will be abandoned by the NSLA and Mill Child Development Center to relocate to its new location
approximately 1.0-mile northwest at 230 South Waterman Avenue. The new NSLA and Mill Child
Development Center was approved by the City of San Bernardino on February 5, 2020. (SCH#
201911907) The proposed Project would use the 503 East Central Avenue site to develop a
warehouse/logistics facility.
2.2 Regional Location
The City is located approximately 60 miles east of the City of Los Angeles in the upper Santa Ana
River Valley. The valley is framed by the San Bernardino Mountains on the northeast and east,
the Blue Mountains and Box Springs Mountains abutting the cities of Loma Linda and Redlands
to the south, and the San Gabriel Mountains and the Jurupa Hills to the northwest and southwest,
respectively. The City of San Bernardino is surrounded by the cities of Rialto to the w est, Colton
to the southwest, Loma Linda to the south, Redlands to the southeast, Highland to the east, and
the San Bernardino National Forest to the north; refer to Exhibit 1, Regional Location.
2.3 Project Site Location
The Project site is comprised of ten parcels on an approximately 20.29-acre site; refer to Table 1,
Project Site Assessor’s Parcel Numbers. The proposed Project site is in the southcentral portion
of the City and located on the southeast corner of Foisy Street and Central Avenue, in the City of
San Bernardino. More specifically, the Project site is bounded by Central Avenue and residential,
industrial, and vacant land on the north, vacant land and residential property on the south,
vacant land on the east, and Foisy Street, a new warehouse, and vacant land beyond to the west;
refer to Exhibit 2, Local Vicinity Map. Local access to the Project site is provided via Waterman
Avenue, Valley View Avenue, Central Avenue, and Foisy Street. Regional Access is provided via
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Interstate 215 (I-215) at Orange Show Road and Inland Center Drive, and via Interstate 10 (I-10)
at Waterman Avenue.
Refer to Exhibit 3, Aerial View for a view of the Project site and its immediate surroundings,
Exhibit 4, Project Site Assessor Parcel Numbers to view the location of all associated parcels.
2.4 Existing Conditions
The Project site is currently occupied by the NSLA charter school and the Mill Child Development
Center and associated school amenities, including Mill Center Park and a swimming pool on the
southeast corner and northwest corner of the site, respectively. The site also includes residential
and commercial uses in the southwest portion of the site along Foisy Street.
The site is fenced with chain-link and wrought-iron fences. Onsite vegetation consists of grass,
scrub, brush, and several trees. There are existing power poles and aerial utilities opposite the
Project site along Central Avenue and Foisy Street with miscellaneous power poles and aerial
wiring onsite and along both frontages.
Foisy Street is paved with some curb and gutter sections, but mostly consists of edge of pavement
to dirt sections. Neither fronting street is dedicated or improved to the ultimate City design.
There is an existing narrow raised center median with a low wrought-iron fence along the Central
Avenue centerline that prohibits pedestrian movement across Central Avenue, to and from the
charter school. Two full access ingress and egress driveways and a school drop-off zone are
located along Central Avenue, and a single curb cut provides ingress and egress to the existing
site along Foisy Street.1 The site is not located within FEMA flood hazard zone, but it is within a
Liquefaction Zone.2 Additionally, the Project site is located within an Airport Influence Area
according to the San Bernardino International Airport Authority (SBIAA).
2.5 General Plan and Zoning Designations
Zoning is the primary mechanism for implementing the General Plan. It provides detailed
regulations pertaining to permitted and conditional uses, site development standards, and
performance criteria to implement the goals and policies of the General Plan. San Bernardino’s
Development Code (Title 19 of the San Bernardino Municipal Code [MC]) was adopted in May
1991 and has been periodically revised since that time. In particular, the Land Use Element of the
City’s General Plan establishes the primary basis for consistency with the City’s Development
Code. The City’s Zoning Map corresponds with the General Plan designations;3 refer to Table 1,
1 ATC Group Services LLC. 2019. Phase I Environmental Site Assessment. Refer to Appendix E.
2 City of San Bernardino. 2005. General Plan. Retrieved from City of San Bernardino Website:
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, Figure S-5, Liquefaction Susceptibility. Accessed
December 11, 2019.
3 City of San Bernardino. 2005. General Plan. Retrieved from City of San Bernardino Website:
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, page 2-2. Accessed December 11, 2019.
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Existing Land Use, General Plan Land Use and Zoning Designations, for official area designations.
The property is located on the United States Geological Survey (USGS) 7.5 -Minute Series
Topographic Map, San Bernardino South, California Quadrangle.4
Table 1: Existing Land Use, General Plan Land Use and Zoning Designations
Location Existing Use Existing General Plan
Land Use Designation
Existing Zoning
Designation Project Site 0280-151-02A
Charter School and associated school
amenities
Public Park
Swimming Pool
Single-Family Residential Dwelling Units
Commercial Uses
Open Space (OS) and
Industrial (I)
Public Park (PP) and
Industrial Light (IL)
0280-151-03 A
0280-151-04 A
0280-151-05 A
0280-151-06 A
0280-151-20 A
0280-151-21 A
0280-151-07 B
0280-151-08 B
0280-151-09 B
North
Central Avenue
Vacant and single-family residential
dwelling units
Industrial warehouse
Industrial (I) Industrial Light (IL)
South Vacant and single-family residential
dwelling units Industrial (I) Industrial Light (IL)
East Vacant land Industrial (I) Industrial Light (IL)
West
Foisy Street
New Warehouse, vacant land and single-
family residential dwelling units
Industrial (I) Industrial Light (IL)
Notes: A Parcel designated: Zoning (Industrial Light) and General Plan Land Use (Industrial) = 7 parcels
B Parcel designated: Zoning (Public Park) and General Plan Land Use (Open Space) = 3 parcels
Source: City of San Bernardino. 2019. Public Zoning Map. Available at
http://sbcity.maps.arcgis.com/apps/webappviewer/index.html?id=dcca6aa4816b4021bd9364888ba669fd, accessed on December 11, 2019.
2.6 Proposed Project Characteristics
The Project involves the construction of a new concrete tilt-up 467,125-square foot (SF)
industrial/ warehouse/distribution facility, inclusive of the 20,000-square feet of office space.
The offices would be located on the northeast and northwest corners of the building; refer to
Table 2, Project Summary, for Project details, and Exhibit 5, Preliminary Site Plan.
As shown in Table 1, Existing Land Use, General Plan Land Use and Zoning Designations, the
Project site currently contains 10 parcels. Seven of the parcels have a General Plan land use
designation of Industrial and a Zoning designation of Industrial Light (IL) and the proposed Project
would be consistent with these parcels. The addition al three parcels have a General Plan land
4 ATC Group Services LLC. 2019. Phase I Environmental Site Assessment. Refer to Appendix F.
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use designation of Open Space (OS) and a Zoning district of Public Park (PP), and as such, the
proposed Project would not be consistent with the existing land use and zoning on these three
parcels. For this reason, the proposed Project is requesting General Plan Amendment (GPA) 19-
03 and DC 19-08 “zone change” for the three inconsistent parcels.
The existing OS General Plan designated parcels are proposed to be amended to Industrial.
Similarly, the PP zoned parcels are proposed to be amended to Industrial Light (IL); refer to
Exhibit 6, Existing General Plan Land Use Designation, Exhibit 7, Proposed General Plan Land Use
Designation, Exhibit 8, Existing Zoning Designation, and Exhibit 9, Proposed Zoning Designation.
Table 2: Project Summary
Project Element Proposed Project
Land Use Charter School, Park, Swimming Pool, Single Family Residential, and
Commercial Uses
Site Area 20.29 acres
Existing Zoning (IL) Industrial Light / Public Park
Existing Land Use Open Space / Industrial
Proposed Zoning (IL) Industrial Light
Proposed Land Use Industrial
Total Building Area 467,125 SF
Maximum Floor Area Ratio (FAR)
allowed:
Proposed:
75%
52.9%
Landscaping
Required:
Provided:
15% of Surface Parking Area (88,029 SF x 15% = 13,025 SF of landscape
required)
70% or 61,620 SF
Building Height
Max Building Height Allowed:
Max Proposed Building Height:
50’ Feet
46’ Feet
Minimum Parking Required
Parking
Standard Stalls (9’x19’):
Clean Air Vanpool/EV (10%):
Trailer Parking Stalls (12’x53’)
Dock Doors
Grade Level Door
Total Parking Provided:
Excess Parking Provided:
374 Stalls
208 Standard Vehicle Stalls
24 Clean Air Stalls
57 Trailer Stalls
92 Dock Doors Stalls
4 Grade Level Stalls
385 Stalls
11 Excess Stalls
Building Setbacks
Valley View Avenue:
Central Avenue:
Foisy Street:
20 Feet
20 Feet
20 Feet
Source: HPA. October 25, 2019. Overall Site Plan.
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Site Access
Regional access is provided on I-215 via the Orange Show Road ramp and I-10 via the Waterman
Avenue ramp. Local access is provided via Waterman Avenue, Central Avenue, Foisy Street, and
Valley View Avenue. Truck and passenger vehicle site access would be provided via the following
four full access driveways: one thirty-foot-wide paved driveway on the northwest corner of the
site along Central Avenue, a forty-foot-wide paved driveway on the northeast corner, along
Central Avenue and two forty-foot-wide paved driveways along Foisy Street. (See Exhibit 5)
Emergency Access
Emergency access would be available on all four driveways. Knox boxes will be provided to allow
emergency access. Serving a dual purpose, the internal road used for truck and vehicle movement
around the site is also a thirty-foot-wide fire lane that would provide emergency access
throughout the site. The Proposed Project would ensure that the minimum right-of-way widths
on City streets would be maintained, which would continue to ensure that v arious evacuation
routes are accessible to residents. Individual Project review by the City including the SBCFD would
also be required. The Project would incorporate all applicable design and safety requirements in
the California Building and Fire Codes during construction activities.
Parking
All automobile and truck trailer parking would be provided on-site. As shown in Table 2, the
Project would provide an excess of eleven parking stalls, for a total of 385 combined stall s. As
shown on the site plan, most of the standard vehicle stalls would front Central Avenue and the
southern portion of the site. Trailer stalls would be located along the western portion of the site
along Foisy Street and dock doors would be located along the east and west sides of the
warehouse building.
Building Design
The conceptual architectural design for the Project assumes concrete tilt-up panels with
architectural treatments, such as concrete siding, glass in the entrance, and metal siding and
canopies with standing seam roofs over entry points. As shown in Exhibit 10, Building Elevations,
the exterior elevations would be covered in shades of white, gray, and blue glazing. Additionally,
two monument signs would be provided: one on the northeast corner and another one on the
northwest corner of the site.
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Trash Enclosure
Trash enclosures are proposed on both the east and west sides of the building. The trash
enclosures will be constructed according to City Standard Plan 508 Refuse Enclosures 8’ X 15’
interior dimensions for bin storage. If an enclosure is gated, a key/code/or remote will be
provided. Additionally, as part of the Project, Assembly Bill (AB) 341 Mandatory Commercial
Recycling, and AB 1826 Mandatory Commercial Organic Recycling is applicable.
Landscaping
There will be underground infiltration facilities and catch basins in the truck yard areas on the
east and west portion of the site. The remainder of this Project site will be utilized for
landscaping. A Landscape Plan will require review and approval by the City prior to issuance of
building permits, consistent with City standards. The Project would provide 70 percent (61,620
SF) of landscape coverage.
The Project would include perimeter landscaping and ornamental trees and shrubs. Additionally,
an approximately 21-foot landscaped buffer would be provided along Central Avenue and an
approximately 25-foot landscaped buffer along Foisy Street. Additional landscaping would be
provided around the building, including irrigated trees and various low -water-use shrubs and
ground cover; refer to Exhibit 11, Preliminary Landscape Plan.
Lighting
Site lighting would be used to provide adequate lighting for circulation, safety, and security. Night
lighting would be provided seven days per week. Outdoor lighting for the parking areas would be
provided consistent with the requirements set forth in Section G 19.080.050 (12) of the Industrial
Development Design Guidelines of the Municipal Code. Additionally, a lighting plan is required
by the City and would be submitted with construction plans.
Utilities
The Project buildings propose to tie into the Central Avenue Sewer which runs westerly in Central
Avenue; refer to Exhibit 12, Sewer Area Map. Additionally, stormwater will be collected via two
storm chambers which will be located on the east and west sides of the building, Refer to Exhibit
13, Storm Drain Plan. Power and other utilities will be underground.
Demolition/Construction/Cut-Fill
Project site demolition is anticipated to commence early 2021 and construction is anticipated to
occur in one phase starting mid-2021. Project-related demolition activities would include the
following, among others: Demolition/removal of all existing onsite structures, demolition of
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existing raised median with wrought iron fence, removal of existing mailbox, removal of existing
water vaults, removal of power poles to underground all wires, removal of existing sidewalk,
removal of utility units, and removal of existing water meter.5
Construction activities are anticipated to end late 2021 or early 2022. The Project would be
operational in late 2022 or early 2023. Construction activities would incorporate site preparation
activities, trenching for utilities, necessary excavation and grading, pavement and concrete
walkways, and building construction activities such as laying foundation and constructing
retaining walls.
Construction equipment would include excavators, backhoes, forklifts, compactors, concrete
mixers and pumps, scrapers, front loaders, jackhammers, pile drivers, and electric lifts. The
Project does not include the construction of any new roads in the Project area. Additionally, the
Project would not include refrigerated buildings.
The Project is anticipated to result in approximately 12,877 cubic yards (CY) of cut and require
approximately 13,000 CY of fill material. Based on these earthwork calculations, the Project is
anticipated to require approximately 113 CY of off-site import material.6
Hours of Operation
Tenant(s) of the industrial/warehouse/distribution facility have not been identified, so the
precise nature of the facility operation cannot be determined at this time. Any future occupant
would be required to adhere to the requirements of the pertinent City regulations. The hours of
operation are assumed to be up to 7 days a week, may include all 3 shifts (24 hours per day),
typically with more limited staffing between 7:00 PM and 6:00 AM. The Project will comply with
Section 8.54.050 (G) of the Municipal Code, which restricts the operation or use of trucks of
greater than 10,000 pounds or of any auxiliary equipment attached to such a vehicle, including,
but not limited to, refrigerated truck compressors for a period longer than fifteen (15) minutes
in any hour while the vehicle is stationary and on a public right-of-way or public space except
when movement of said vehicle is restricted by other traffic between the hours of 8:00 p.m. and
7:00 a.m.
2.7 Project Approvals
The City of San Bernardino is the Lead Agency under CEQA and is responsible for reviewing and
approving the MND. The City will consider the following discretionary approvals for the Foisy East
San Bernardino Project:
5 Thienes Engineering. February 4, 2020. Conceptual Grading Plan.
6 Thienes Engineering. February 4, 2020. Conceptual Grading Plan.
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• General Plan Amendment 19-03
• Development Code Amendment 19-08
• Development Permit Type-D 19-13
• Subdivision 19-16 (Tentative Parcel Map 20189)
• Additional permits may be required upon review of construction documents. Other
permits required for the Project may include but are not limited to the following: the
issuance of encroachment permits for driveways, sidewalks, and utilities; security and
parking area lighting; demolition permits; landscape plan; building permits; grading
permits; tenant improvement permits; and permits for new utility connections.
Additional permits may be required upon review of construction documents. Other permits
required for the Project may include but are not limited to the following: the issuance of
encroachment permits for driveways, sidewalks, and ut ilities; security and parking area lighting;
demolition permits; building permits; grading permits; tenant improvement permits; and permits
for new utility connections.
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EXHIBIT 1: Regional Loca�on
Foisy East Project– Ini�al Study/Mi�gated Nega�ve Declara�on
City of San Bernardino
Project SiteProject Site
Source: Kimley-Horn, 2020; Google, 2020.
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EXHIBIT 2: Local Vicinity Map
Foisy East Project – Ini�al Study/Mi�gated Nega�ve Declara�on
City of San Bernardino South Foisy StreetSouth Foisy StreetEast Central AveEast Central Ave
South Waterman AvenueSouth Waterman AvenueSouth Valley View AvenueSouth Valley View AvenueEast Holden DriveEast Holden Drive
South Santa Fe StreetSouth Santa Fe Street
Project SiteProject Site
Source: Kimley-Horn, 2020; Nearmap, 2020.
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EXHIBIT 3: Aerial View
Foisy East Project – Ini�al Study/Mi�gated Nega�ve Declara�on
City of San Bernardino
Project SiteProject Site
South Foisy StreetSouth Foisy StreetEast Central AveEast Central Ave
Source: Kimley-Horn, 2020; Nearmap, 2020.
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EXHIBIT 4: Project Site Assessor Parcel Numbers
Foisy East Project – Ini�al Study/Mi�gated Nega�ve Declara�on
City of San Bernardino South Foisy StreetSouth Foisy StreetEast Central AveEast Central Ave
0280-151-200280-151-20
0280-151-210280-151-21
0280-151-020280-151-02
0280-151-030280-151-03
0280-151-040280-151-04
0280-151-050280-151-05
0280-151-060280-151-06
0280-151-070280-151-07
0280-151-080280-151-08
0280-151-090280-151-09
Source: Kimley-Horn, 2020; Nearmap, 2020.
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EXHIBIT 5: Preliminary Site Plan
Foisy East Project – Ini�al Study/Mi�gated Nega�ve Declara�on
City of San Bernardino
Source: HPA Architecture, 2019.Not to scale.
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Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 22 June 2020
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Packet Pg. 202 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
EXHIBIT 6: Exisi�ng General Plan Land Use Designa�on
Foisy East Project – Ini�al Study/Mi�gated Nega�ve Declara�on
City of San Bernardino South Foisy StreetSouth Foisy StreetEast Central AveEast Central Ave
LEGEND
Open Space
Industrial
Project SiteProject Site
Source: Kimley-Horn, 2020; Nearmap, 2020.
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Packet Pg. 203 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 24 June 2020
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Packet Pg. 204 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
South Foisy StreetSouth Foisy StreetEast Central AveEast Central Ave
LEGEND
Industrial
EXHIBIT 7: Proposed General Plan Land Use Designa�on
Foisy East Project – Ini�al Study/Mi�gated Nega�ve Declara�on
City of San Bernardino
Project SiteProject Site
Source: Kimley-Horn, 2020; Nearmap, 2020.
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Packet Pg. 205 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 26 June 2020
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Packet Pg. 206 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
EXHIBIT 8: Exisi�ng Zoning Designa�on
Foisy East Project – Ini�al Study/Mi�gated Nega�ve Declara�on
City of San Bernardino South Foisy StreetSouth Foisy StreetEast Central AveEast Central Ave
Project SiteProject Site
LEGEND
Public Park
Industrial Light
Source: Kimley-Horn, 2020; Nearmap, 2020.
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Packet Pg. 207 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 28 June 2020
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Packet Pg. 208 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
EXHIBIT 9: Proposed Zoning Designa�on
Foisy East Project – Ini�al Study/Mi�gated Nega�ve Declara�on
City of San Bernardino South Foisy StreetSouth Foisy StreetEast Central AveEast Central Ave
Project SiteProject Site
LEGEND
Industrial Light
Source: Kimley-Horn, 2020; Nearmap, 2020.
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Packet Pg. 209 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 30 June 2020
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Packet Pg. 210 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
EXHIBIT 10: Building Eleva�ons
Foisy East Project – Ini�al Study/Mi�gated Nega�ve Declara�on
City of San Bernardino
Source: HPA Architecture, 2020.
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Packet Pg. 211 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 32 June 2020
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Packet Pg. 212 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
EXHIBIT 11: Preliminary Landscape Plan
Foisy East Project – Ini�al Study/Mi�gated Nega�ve Declara�on
City of San Bernardino
8' O.C.1 GalAcacia redolens 'Low Boy'
Low Boy Trailing Acacia
ACCENTS
GROUNDCOVER
48" O.C.1 GalRosmarinus o. 'Huntington Carpet'
Feathery Cassia
Senna artemisioides
L
Rhamnus californica
Coffeeberry
Autumn Sage
Salvia greggii
L
Texas Ranger
Leucophyllum f. 'Green Cloud'
QTYSIZE REMARKSSYMBOL
SHRUBS
BOTANICAL/COMMON NAME WUCOLS
QTYSIZE REMARKSSYMBOLBOTANICAL/COMMON NAME WUCOLS
SPACINGSIZE REMARKSSYMBOLBOTANICAL/COMMON NAME WUCOLS
L
Huntington Carpet Rosemary
1 Gal 30" O.C.
Dasylerion wheeleri
Desert Spoon
Hesperaloe parviflora
Red Yucca
Texas Privet
Ligustrum j. Texanum
Lonicera j. 'Halliana'
Hall's Honeysuckle
Hopseed Bush
Dodonaea viscosa 'Purpurea'
Rosa 'Flower Carpet' Red
Red Flower Carpet Rose
48" O.C.1 Gal L
Altas Fescue
Festuca mairei 24" O.C.1 Gal M
Pink Muhly
Muhlenbergia capillaris L1 Gal 36" O.C.
12" O.C.4" PotsSenecio mandraliscae M
Blue Chalksticks
Grass
Grass
Coral Aloe
Aloe striata
Lantana 'New Gold'
Compact Gold Lantana
Agave villmoriniana 5 Gal L
Octopus Agave
1 Gal 0 L
5 Gal 0 L
5 Gal 0 L
1 Gal 0 L
5 Gal M0
5 Gal L0
5 Gal M0
5 Gal L0
Sanat Barbara Sage
Salvia l. 'Santa Barbara'
5 Gal L0
5 Gal L0
5 Gal L0
M
5 Gal LAgave 'Blue Glow
Blue Glow Agave
Pineapple Gauva
Acca sellowiana 5 Gal M0
SET IN 3/4" DECORATIVE GRAVEL
Brisbane Box
Tristania conferta
TREES
BOTANICAL/COMMON NAMESYMBOL
PLANTING LEGEND
WUCOLSSIZE QTY REMARKS
L4815 Gal
Blue Palo Verde
Cercidium 'Desert Museum'L48" Box 3
Juniperus s. 'Skyrocket'
Skyrocket Juniper
24" Box Standard8M
48" Box
Afghan Pine
Pinus eldarica 9 L
Platanus acerifolia
London Plane
Standard15M
Chitalpa tashkentensis
Chitalpa
L536" Box Standard
24" Box
24" Box
Crape Myrtle
Lagerstroemia i 'Muskogee'21 M
Chilean Mesquite
Prosopis chilensis 48" Box 17 M Multi
Standard
36" Box 24 L
4124" Box
Source: Hunter Landscape, 2019. Not to Scale.
5.i
Packet Pg. 213 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 34 June 2020
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Packet Pg. 214 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
EXHIBIT 12: Sewer Area Map
Foisy East Project – Ini�al Study/Mi�gated Nega�ve Declara�on
City of San Bernardino
8' O.C.1 GalAcacia redolens 'Low Boy'
Low Boy Trailing Acacia
ACCENTS
GROUNDCOVER
48" O.C.1 GalRosmarinus o. 'Huntington Carpet'
Feathery Cassia
Senna artemisioides
L
Rhamnus californica
Coffeeberry
Autumn Sage
Salvia greggii
L
Texas Ranger
Leucophyllum f. 'Green Cloud'
QTYSIZE REMARKSSYMBOL
SHRUBS
BOTANICAL/COMMON NAME WUCOLS
QTYSIZE REMARKSSYMBOLBOTANICAL/COMMON NAME WUCOLS
SPACINGSIZE REMARKSSYMBOLBOTANICAL/COMMON NAME WUCOLS
L
Huntington Carpet Rosemary
1 Gal 30" O.C.
Dasylerion wheeleri
Desert Spoon
Hesperaloe parviflora
Red Yucca
Texas Privet
Ligustrum j. Texanum
Lonicera j. 'Halliana'
Hall's Honeysuckle
Hopseed Bush
Dodonaea viscosa 'Purpurea'
Rosa 'Flower Carpet' Red
Red Flower Carpet Rose
48" O.C.1 Gal L
Altas Fescue
Festuca mairei 24" O.C.1 Gal M
Pink Muhly
Muhlenbergia capillaris L1 Gal 36" O.C.
12" O.C.4" PotsSenecio mandraliscae M
Blue Chalksticks
Grass
Grass
Coral Aloe
Aloe striata
Lantana 'New Gold'
Compact Gold Lantana
Agave villmoriniana 5 Gal L
Octopus Agave
1 Gal 0 L
5 Gal 0 L
5 Gal 0 L
1 Gal 0 L
5 Gal M0
5 Gal L0
5 Gal M0
5 Gal L0
Sanat Barbara Sage
Salvia l. 'Santa Barbara'
5 Gal L0
5 Gal L0
5 Gal L0
M
5 Gal LAgave 'Blue Glow
Blue Glow Agave
Pineapple Gauva
Acca sellowiana 5 Gal M0
SET IN 3/4" DECORATIVE GRAVEL
Brisbane Box
Tristania conferta
TREES
BOTANICAL/COMMON NAMESYMBOL
PLANTING LEGEND
WUCOLSSIZE QTY REMARKS
L4815 Gal
Blue Palo Verde
Cercidium 'Desert Museum'L48" Box 3
Juniperus s. 'Skyrocket'
Skyrocket Juniper
24" Box Standard8M
48" Box
Afghan Pine
Pinus eldarica 9 L
Platanus acerifolia
London Plane
Standard15M
Chitalpa tashkentensis
Chitalpa
L536" Box Standard
24" Box
24" Box
Crape Myrtle
Lagerstroemia i 'Muskogee'21 M
Chilean Mesquite
Prosopis chilensis 48" Box 17 M Multi
Standard
36" Box 24 L
4124" Box
Source: Thienes Engineering, Inc, 2019. Not to Scale.
5.i
Packet Pg. 215 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 36 June 2020
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Packet Pg. 216 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
EXHIBIT 13: Storm Drain Plan
Foisy East Project – Ini�al Study/Mi�gated Nega�ve Declara�on
City of San Bernardino
8' O.C.1 GalAcacia redolens 'Low Boy'
Low Boy Trailing Acacia
ACCENTS
GROUNDCOVER
48" O.C.1 GalRosmarinus o. 'Huntington Carpet'
Feathery Cassia
Senna artemisioides
L
Rhamnus californica
Coffeeberry
Autumn Sage
Salvia greggii
L
Texas Ranger
Leucophyllum f. 'Green Cloud'
QTYSIZE REMARKSSYMBOL
SHRUBS
BOTANICAL/COMMON NAME WUCOLS
QTYSIZE REMARKSSYMBOLBOTANICAL/COMMON NAME WUCOLS
SPACINGSIZE REMARKSSYMBOLBOTANICAL/COMMON NAME WUCOLS
L
Huntington Carpet Rosemary
1 Gal 30" O.C.
Dasylerion wheeleri
Desert Spoon
Hesperaloe parviflora
Red Yucca
Texas Privet
Ligustrum j. Texanum
Lonicera j. 'Halliana'
Hall's Honeysuckle
Hopseed Bush
Dodonaea viscosa 'Purpurea'
Rosa 'Flower Carpet' Red
Red Flower Carpet Rose
48" O.C.1 Gal L
Altas Fescue
Festuca mairei 24" O.C.1 Gal M
Pink Muhly
Muhlenbergia capillaris L1 Gal 36" O.C.
12" O.C.4" PotsSenecio mandraliscae M
Blue Chalksticks
Grass
Grass
Coral Aloe
Aloe striata
Lantana 'New Gold'
Compact Gold Lantana
Agave villmoriniana 5 Gal L
Octopus Agave
1 Gal 0 L
5 Gal 0 L
5 Gal 0 L
1 Gal 0 L
5 Gal M0
5 Gal L0
5 Gal M0
5 Gal L0
Sanat Barbara Sage
Salvia l. 'Santa Barbara'
5 Gal L0
5 Gal L0
5 Gal L0
M
5 Gal LAgave 'Blue Glow
Blue Glow Agave
Pineapple Gauva
Acca sellowiana 5 Gal M0
SET IN 3/4" DECORATIVE GRAVEL
Brisbane Box
Tristania conferta
TREES
BOTANICAL/COMMON NAMESYMBOL
PLANTING LEGEND
WUCOLSSIZE QTY REMARKS
L4815 Gal
Blue Palo Verde
Cercidium 'Desert Museum'L48" Box 3
Juniperus s. 'Skyrocket'
Skyrocket Juniper
24" Box Standard8M
48" Box
Afghan Pine
Pinus eldarica 9 L
Platanus acerifolia
London Plane
Standard15M
Chitalpa tashkentensis
Chitalpa
L536" Box Standard
24" Box
24" Box
Crape Myrtle
Lagerstroemia i 'Muskogee'21 M
Chilean Mesquite
Prosopis chilensis 48" Box 17 M Multi
Standard
36" Box 24 L
4124" Box
Source: Thienes Engineering, Inc, 2019. Not to Scale.
5.i
Packet Pg. 217 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 38 June 2020
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Packet Pg. 218 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 39 June 2020
3.0 INITIAL STUDY CHECKLIST
1. Project Title
Foisy East Project
2. Lead Agency Name and Address
City of San Bernardino
201 North E Street, 3rd Floor
San Bernardino, CA 92401
3. Lead Agency Contact Person and Phone Number
Travis Martin, Associate Planner
909-384-5313
4. Project Location
The Project site is located on the southeast corner of Foisy Street and Central Avenue, in
the City of San Bernardino.
5. Project Applicant’s/Sponsor’s Name and Address
Waterman Land Ventures, LLC
4450 MacArthur Blvd., Suite 100
Newport Beach, CA 92660
Contact: Chadwick Manista
(949) 910-1080
6. Existing General Plan Designation
Open Space (OS) and Industrial (I)
7. Existing Zoning Designation
Public Park (PP) and Industrial Light (IL) .75 floor area ratio.
8. Other public agencies whose approval is required
South Coast Air Quality Management District
Regional Water Quality Control Board
9. Project Summary
The Project involves the construction of a new concrete tilt-up 467,125-square foot (SF)
industrial/ warehouse/distribution facility, inclusive of the 20,000-square feet of office
space. The offices would be located on the northeast and northwest corners of the
building.
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Packet Pg. 219 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 40 June 2020
As shown in Table 1, the Project site currently contains 10 parcels. As designated by the
current / city / zoning, seven of the parcels have a General Plan land use designation of
Industrial and a zoning designation of Industrial Light (IL) and the proposed Project would
be consistent with these parcels. The additional three parcels have a General Plan land
use designation of Open Space (OS) and a Zoning designating of Public Park (PP), and as
such, the proposed Project would not be consistent with the existing land use and zoning
on these three parcels. For this reason, the proposed Project is requesting GPA 19-03 and
DC 19-08 “zone change” for the three inconsistent parcels.
The existing parcels with an OS General Plan designation are proposed to be amended to
Industrial. Similarly, the existing parcels with a PP zoning designation are proposed to be
amended to Industrial Light (IL).
Frontage Improvements
Frontage improvements would include curb and gutter, lighting, driveway curb cuts, and
ornamental landscape.
10. Have California Native American tribes traditionally and culturally affiliated with the
Project area requested consultation pursuant to Public Resources Code section
21080.3.1? If so, is there a plan for consultation that includes, for example, the
determination of significance of impacts to tribal cultural resources, procedures
regarding confidentiality, etc.?
NOTE: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and
Project proponents to discuss the level of environmental review, identify and address potential adverse
impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental
review process. (See PRC section 21080.3.2.) Information may also be available from the California Native
American Heritage Commission’s (NAHC) Sacred Lands File per PRC section 5097.96 and the California
Historical Resources Information System administered by the California Office of Historic Preservation
(OHP). Please also note that PRC section 21082.3(c) contains provisions specific to confidentiality.
On October 30, 2019, the City initiated tribal consultation with interested California
Native American tribes consistent with Assembly Bill (AB) 52. The City requested a
consultation from the following Tribes: Gabrielino Band of Mission Indians – Kizh nation,
San Manuel Band of Mission Indians (SMBMI), and Soboba Band of Luiseno Indians.
In addition, the Native American Heritage Commission (NAHC) provided a list of tribes to
be consulted regarding the proposed Project pursuant to Senate Bill (SB) 18. On
December 17, 2019, the City invited the following tribes to consult pursuant to
SB 18: Gabrielino Band of Mission Indians – Kizh nation, SMBMI, Soboba Band of Luiseno
Indians, Los Coyotes Band of Cahuilla and Cupeno Indians, Serrano Nation of Mission
Indians, Soboba Band of Luiseno Indians, Santa Rosa Band of Cahuilla Indians, Agua
Caliente Band of Cahuilla Indians, Ramona Band of Cahuilla, Morongo Band of Missi on
Indians, Cahuilla Band of Indians, Torres-Martinez Desert Cahuilla Indians, Augustine
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Packet Pg. 220 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 41 June 2020
Band of Cahuilla Mission Indians, Cabazon Band of Mission Indians, and San Fernando
Band of Mission Indians, Gabrieleno/Tongva San Gabriel Band of Mission Indians,
Gabrielino/Tongva Nation, Gabrielino Tongva Indians of California Tribal Council, and
Gabrielino-Tongva Tribe.
On January 8, 2020, Morongo Band of Mission Indians and on January 9, 2020, Agua
Caliente, waived any further consultation. The tribes do not have any comments on the
proposed Project. On February 12, 2020, the SMBMI responded to the AB52 and SB18
notices for consultation. The SMBMI did not identify any significant tribal cultural
resources but did request inclusion of standard cultural resource mitigation measure
language. The Gabrieleno Band of Mission Indians requested further consultation. As
such, consultation is in process. Refer to the IS/MND checklist discussions for additional
information (checklist Section 5, Cultural Resources and Section 18, Tribal Cultural
Resources).
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Packet Pg. 221 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 42 June 2020
3.1 Environmental Factors Potentially Affected by the Project
The environmental factors checked below would be potentially affected by this Project, involving
at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the
following pages.
Aesthetics Agricultural Resources Air Quality
X Biological Resources X Cultural Resources Energy
X Geology / Soils Greenhouse Gas Emissions X Hazards and Hazardous
Materials
Hydrology and Water
Quality Land Use Planning Mineral Resources
Noise Population and Housing Public Services
Recreation Transportation X Tribal Cultural Resources
Utilities and Service
Systems Wildfire Mandatory Findings of
Significance
Determination
On the basis of this initial evaluation, the following finding is made:
I find that the proposed Project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed Project could have a significant effect on the environment, there
will not be a significant effect in this case because revisions in the project have been made by or
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
X
I find that the proposed Project MAY have a significant effect on the environment and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed Project MAY have a potentially significant or a potentially significant unless
mitigated impact on the environment, but at least one effect (1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and (2) has been addressed by
mitigation measures based on the earlier analysis as described on attached sheets. An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to
be addressed.
I find that although the proposed Project could have a significant effect on the environment, because
all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant
to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
CITY OF SAN BERNARDINO
Travis Martin, Associate Planner _____________________________
(Prepared by) Date
_____________________________ _____________________________
Signature Date
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Packet Pg. 222 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 43 June 2020
3.2 Evaluation of Environmental Impacts
1) A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A "No Impact" answer is adequately supported if the referenced
information sources show that the impact simply does not apply to projects like the one
involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should
be explained where it is based on project-specific factors as well as general standards (e.g.,
the project would not expose sensitive receptors to pollutants, based on a project-specific
screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-
site, cumulative as well as project-level, indirect as well as direct, and construction as well
as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect is significant. If there are one or
more "Potentially Significant Impact" entries when the determination is made, an EIR is
required.
4) “Negative Declaration: Less Than Significant with Mitigation Incorporated" applies where
the incorporation of mitigation measures has reduced an effect from a "Potentially
Significant Impact" to a "Less than Significant Impact." The lead agency must describe the
mitigation measures, and briefly explain how they reduce the effect to a less than significant
level.
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analyses Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
6) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures
Incorporated,” describe the mitigation measures which were incorporated or refined from
the earlier document and the extent to which they address site-specific conditions for the
project.
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Packet Pg. 223 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 44 June 2020
Aesthetics
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
1. AESTHETICS. Except as provided in Public Resources Code Section 21099, Would the project:
a) Have a substantial adverse effect on a scenic vista? X
b) Substantially damage scenic resources, including but not
limited to trees, rock outcroppings, and historic buildings
within a state scenic highway?
X
c) Substantially degrade the existing visual character or
quality of public views of the site and its surroundings?
(Public views are those that are experienced from publicly
accessible vantage point). If the project is in an urbanized
area, would the project conflict with applicable zoning
and other regulations governing scenic quality?
X
d) Create a new source of substantial light or glare, which
would adversely affect day or nighttime views in the
area?
X
Project Site
The Project site is bounded by Central Avenue and residential, industrial, and vacant land on the
north, vacant land and residential property on the south, vacant land on the east, and Foisy
Street, a new warehouse, and vacant land beyond to the west; refer to Exhibit 3, Aerial View.
Scenic Vistas
Under CEQA, a scenic vista is defined as a viewpoint that provides expansive views of a highly
valued landscape for the benefit of the general public. The City of San Bernardino General Plan
does not officially designate any scenic vistas in the vicinity of the Project site or in the City.
Scenic Resources within Scenic Highways
Scenic highways and routes are a unique component of th e circulation system as they traverse
areas of unusual scenic or aesthetic value. Two roadways within the City have bee n nominated
as eligible Scenic Highway status; however, they are not officially designated. The portions of
State Route (SR) 30, south of SR 330, and SR 330 that pass through the City are designated as
Eligible State Scenic Highways – Not Officially Designated. Due to the designation as Eligible
Scenic Highways, the provisions of the California Scenic Highways Program apply to these
sections of the roadways in the City. The purpose of the California Scenic Highways Program,
which was established in 1963, is to “Preserve and protect scenic highway corridors from change
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Packet Pg. 224 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 45 June 2020
which would diminish the aesthetic value of lands adjacent to highways.” This program provides
guidance for signage, aesthetics, grading, and screening to help maintain the scenic value of the
roadway.
(a) Have a substantial adverse effect on a scenic vista?
No Impact. Prominent natural features of the Inland Empire include the San Bernardino, San
Gabriel, and Box Springs Mountains which offer the most prominent views in the general area.
They are located approximately 7 miles north, 13 miles northeast and 5 miles south of the Project
site, respectively. In its existing condition, the Project site does not block or hinder views of the
surrounding mountains. The Project site is surrounded by existing residential, industrial, and
vacant areas on all sides. The most prominent developments near the Project site are
industrial/warehouse facilities located just north of the Project site, across Central Avenue, and
just east across Valley View Avenue.
The proposed Project building would not be located in an area designated as an official scenic
vista, nor would it block the view of a scenic vista. Therefore, there would be no impact.
(b) Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
No Impact. The Project site is not located near any State Designated Scenic Highways. Two State
Routes within the City of San Bernardino have been designated as Eligible S cenic Highways (SR-
30 and SR-330) located approximately six miles east, but not officially designated as State
Designated Scenic Highways. Therefore, the proposed Project would not substantially damage
scenic resources within a State scenic highway.7 There are no significant natural scenic resources
on the site as it is fully developed, with sporadic landscape trees. The site does not contain rock
out or historic buildings. There are no significant natural scenic resources on the site as it is fully
developed with ornamental landscape and sporadic trees. The site does not contain rock
outcroppings or historic buildings. No impact would occur.
(c) Substantially degrade the existing visual character or quality of public views of the site and
its surroundings? (Public views are those that are experienced from publicly accessible
vantage point). If the project is in an urbanized area, would the project conflict with
applicable zoning and other regulations governing scenic quality?
Less than Significant. The Project site is developed with various uses, including the NSLA Charter
School, a park, a public pool, residential, and previously disturbed vacant parcels. The site shows
signs of discing on the southeastern portion of the site from possible construction/grading
activities. The surrounding area is partially developed with some residential and industrial land
7 Caltrans. 2019. List of eligible and officially designated State Scenic Highways (XLSX). Available at
https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenic-highways,
December 18, 2019.
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Packet Pg. 225 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
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Page 46 June 2020
use to north of the site, vacant and industrial land use to the east, residential and vacant land
use to the south, and a mix of warehouse, vacant and residential dwelling units to the west. The
development of the proposed Project on the site would not degrade the existing visual character
or quality of the site. The proposed Project would be consistent with adjacent industrial uses and
zoning and as such, the proposed Project would fit in with the general character of the area.
The site does not currently provide continuous curb and gutter around the Project’s perimeter.
Only segmented portions of the Project site’s perimeter are curbed. As part of the proposed
Project, on-site and frontage improvements would beautify the area by removing the existing
structures, debris, fencing, and accessory structures, and would enhance the Project site with the
a comprehensively planned site, building, landscaping, and roadway improvements. Refer to
Section 3.0, subsection 9, Project Summary, for a description of frontage improvements.
Short-term Construction Visual Impacts
Short-term construction impacts would include typical heavy construction equipment and
machinery (e.g., grading) and staging of the machinery. Construction equipment would be
screened using privacy fencing around the Project site. Additionally, construction equipment will
not be staged near Central Avenue. No aesthetic resources would be destroyed as a result of
construction-related activities. Construction activities would demolish all existing onsite
structures. Construction impacts are temporary and would cease upon Project completion.
Long-term Visual Impacts
The southwest corner of the site consists of various underdeveloped parcels, including several
residences and large portions of the parcels with unpaired informal storage and parking. The
proposed Project’s permanent buildings and associated amenities would be built generally using
colors, materials, and textures consistent with the surrounding industrial uses, to be compatible
with the aesthetic qualities of the community and consistent with §19.08, Industrial Zone
Districts, which includes Industrial Light, of the City’s Development Code. The proposed structure
would add to the visual quality of the site, rather than take away from it. No long-term visual
impacts are anticipated from the implementation of the proposed Project.
Therefore, the proposed Project would have a less than significant impact on the visual character
of the site and its surroundings.
(d) Create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area?
Less than Significant. The Project site currently emits lighting from existing security lighting,
school parking lot lighting, and residential dwelling units lighting. Project implementation would
introduce similar sources of light compared to those that currently exist on-site from security
lighting and interior lighting. Additionally, the proposed Project would maintain some overnight
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lighting for security purposes to prevent vandalism. Outdoor lighting would be consistent with
Development Code 19.20-14, Lighting, which states that “Exterior lighting shall be energy-
efficient and shielded or recessed so that direct glare and reflections are contained within the
boundaries of the parcel and shall be directed downward and away from adjoining properties
and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or
brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use it is
serving. Security lighting shall be provided at all entrances/exits.” The lighting of the proposed
Project will be reviewed for compliance with the municipal code by the City at the time of building
permit. Additionally, the Project would introduce perimeter landscaping along Foisy Street and
Central Avenue that would further shield residential dwelling units from security lighting.
Furthermore, new lighting plans would be reviewed by the City to ensure conformance with the
latest California Green Building Standard Code (Part 11 of Title 24, CCR) such that only the
minimum amount of lighting is used, and no light spillage occurs.
With respect to daytime glare, the proposed Project would be consistent with Development
Code 19.20-11, which states that no glare incidental to any use shall be visible beyond any
boundary line of the parcel. The Project site is currently occupied by a mix of uses that crease
some light and glare from night-time lighting, and minimal day-time glare from the existing pool,
windows on all of the existing structures, and other reflective materials from the commercial
yards located onsite. The proposed warehouse/logistics building would increase outdoor
nighttime lighting compared to existing conditions because it would provide consistent and
continuous lighting throughout the site for security purposes. It is not anticipated that The Project
would substantially increase daytime glare for the following reasons:1) the proposed building
would use non-reflective gray scale colors and the glass would be limited to only the office areas
(refer to Exhibit 10, Elevations); and 2) onsite landscaping would provide sufficient trees and
other ornamental landscaping that will shield the building and trucks from public views. The
proposed Project would comply with the City’s MC and latest California Building Standard Code;
thus, compliance with the City’s MC relative to lighting and glare, would reduce impacts to a less
than significant impact.
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Packet Pg. 227 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
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Agricultural and Forestry Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
2. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation
and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional
model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest
resources, including timberland, are significant environmental effects, lead agencies may refer to
information compiled by the California Department of Forestry and Fire Protection regarding the state’s
inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy
Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopte d
by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Ma pping and
Monitoring Program of the California Resources Agency,
to non-agricultural use?
X
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
X
c) Conflict with existing zoning for, or cause rezoning of,
forest land (as defined in Public Resources Code section
12220(g)), timberland (as defined by Public Resources
Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code section
51104(g))?
X
d.) Result in the loss of forest land or conversion of forest
land to non-forest use?
X
e.) Involve other changes in the existing environment which,
due to their location or nature, could result in conversion
of Farmland, to non-agricultural use or conversion of
forest land to non-forest use?
X
Agricultural Resources
The Project site is not used for any type of agricultural activit y. According to the California
Department of Conservation (DOC) California Important Farmland Finder, the Project site is not
designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The
Project site is designated as Urban and Built-Up Land. The nearest Farmland of Statewide
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Packet Pg. 228 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
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Importance is approximately 1.7 miles south. The Project site is not subject to a Williamson Act
contract.8
Forestry Resources
The Project site is in an area surrounded by existing and planned development.9 The Project site
does not meet the definition of lands designated as forestland or timberland as defined by PRC
Sections 12220(g), 4526, and 51104(g).
(a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to non-agricultural use?
No Impact. As stated above, the Project site is not used for any type of agricultural activit y.
According to the California DOC Important Farmland Map, the Project site is not designated as
Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The Project site i s
designated as Urban and Built-Up Land. 10 As such, the Project site would have no impact on the
conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non -
agricultural use.
(b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
No Impact. The Project site is not subject to a Williamson Act contract.11 Therefore, the Project
would not conflict with existing zoning for agricultural use or a W illiamson Act contract and the
Project would have no impact on agricultural or Williamson Act contract areas.
(c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland (as defined by Public Resources Code section
4526), or timberland zoned Timberland Production (as defined by Government Code section
51104(g))?
No Impact. Refer to response Agricultural and Forestry Resources (a). As described above, the
Project site is in an urban area surrounded by existing urban development and neither the site,
nor the surrounding area is zoned or used for agricultural or forestry uses. The site has never
served as a forestry resource. No additional changes would occur from Project implementation
that would trigger or result in the rezoning of forest land, or timberland.
8 DOC. 2019. California Important Farmland Finder – Williamson Act Map. Available at
https://maps.conservation.ca.gov/dlrp/ciff/, accessed on December 18, 2019.
9 General Plan. 2005. Land Use Map, Figure LU-2.
10 DOC. 2019. California Important Farmland Finder. Available at. https://maps.conservation.ca.gov/dlrp/ciff/, accessed on
December 18, 2019.
11 DOC. 2019. California Important Farmland Finder – Williamson Act Map. Available at.
https://maps.conservation.ca.gov/dlrp/ciff/, accessed on December 18, 2019.
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Packet Pg. 229 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
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(d) Would the project result in the loss of forest land or conversion of forest land to non-forest
use?
No Impact. The Project site does not meet the definition of forestland or timberland, as defined
by PRC Sections 12220(g), 4526, and 51104(g). Therefore, the Project would have no impact on
these lands.
(e) Would the project involve other changes in the existing environment which, due to their
location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest land?
No Impact. As described above, the Project site is in an urban area surrounded by existing urban
development and neither the site, nor the surrounding area is zoned or used for agricultural or
forestry uses. The Project would not involve changes in the existing environment and would not
result in conversion of farmland to nonagricultural use . Therefore, the Project would have no
impact.
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Packet Pg. 230 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
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Air Quality
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management district or air pollution control district ma y be relied upon to make the following
determinations. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan? X
b) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard?
X
c) Expose sensitive receptors to substantial pollutant
concentrations?
X
d) Result in other emissions (such as those leading to odors)
adversely affecting a substantial number of people?
X
(a) Conflict with or obstruct implementation of the applicable air quality plan?
Less than Significant. The Project site is in the southwestern portion of San Bernardino County
which is part of the South Coast Air Basin (Air Basin) that includes the non‐desert portions of San
Bernardino, Los Angeles, and Riverside Counties and all of Orange County. The Air Basin is located
on a coastal plain with connecting broad valleys and low hills to the east. Regionally, the Air Basin
is bound by the Pacific Ocean to the southwest and high mountains to the east forming the inland
perimeter. The Project site is located toward the central north portion of the Air Basin adjacent
to the foot of the San Bernardino Mountains which define the eastern boundary of the Air Basin.
The South Coast Air Quality Management District (SCAQMD) and the California Air Resources
Board (CARB) monitor air quality within the Air Basin.
The Air Quality Management Plan (AQMP) is prepared by SCAQMD and Southern California
Association of Governments (SCAG). Air quality plans describe air pollution control strategies and
measures to be implemented by a city, county, region, and/or air district. The primary purpose
of an air quality plan is to bring an area that does not attain Federal and State air quality standards
into compliance with the requirements of the Federal Clean Air Act and California Clean Air Act.
Non-attainment is used to refer to an air basin where one or more ambient air quality standard s
are exceeded. In addition, air quality plans are developed to ensure that an area maintains a
healthful level of air quality based on the National Ambient Air Quality Standards (NAAQS) and
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Packet Pg. 231 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
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the California Ambient Air Quality Standards (CAAQS). The most recently adopted air quality plan
is the 2016 Air Quality Management Plan (AQMP), which was adopted by the Board on
March 3, 2017.
Projects that are consistent with the regional population, housing, and employment forecasts
identified by SCAG are considered to be consistent with the AQMP growth projections, since the
forecast assumptions by SCAG forms the basis of the land use and transportation control portions
of the AQMP. Additionally, because SCAG’s regional growth forecasts are based upon, among
other things, land uses designated in general plans, a Project that is consistent with the land use
designated in a general plan would also be consistent with the SCAG’s regional forecast
projections, and thus also with the AQMP growth projections. The SCAQMD’s CEQA Handbook
identifies two key indicators of consistency with the AQMP:
1) Whether the Project will result in an increase in the frequency or severity of existing air
quality violations or cause or contribute to new violations, or delay timely attainment of a ir
quality standards or the interim emission reductions specified in the AQMP.
2) Whether the Project will exceed the assumptions in the AQMP based on the year of Project
buildout and phase.
With respect to the first criterion, based on the air quality modeling analysis conducted for the
proposed Project, the construction and operation of the Project would not result in significant
impacts based on the SCAQMD thresholds of significance; therefore, Project construction and
operation would not increase the frequency or severity of existing air quality violations. The
proposed Project is not expected to contribute to the exceedance of any air pollutant
concentration standards.
With respect to the second criterion, the proposed Project involves the development of a new
warehouse building and does not include the construction of new homes. In addition, it is
expected that the project would absorb workers from the regional labor force and would not
attract new workers into the region. Therefore, the proposed Project w ould not represent a
significant population increase when compared to the current City of San Bernardino ’s current
population (221,130) (DOF, 2018) and to the SCAG’s projected growth for the City of 257,400
persons by 2040. Future updates to the AQMP would capture the full buildout (increase in
population and housing) of the proposed Project as well as other projects in the City. As such, the
proposed Project would not measurably exceed growth assumptions in the AQMP.
SCAG forecasts are based on the General Plans of municipalities in the Air Basin. As addressed in
the air quality modeling data (Appendix A), total Project emissions are less than the SCAQMD
significance thresholds. The emissions increase due to the proposed Project would not interfere
with the AQMP or the attainment of the ambient air quality standards. Therefore, emissions from
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Packet Pg. 232 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
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the Project would not be greater than those anticipated in the AQMP. Therefore, the
determination of AQMP consistency is primarily concerned with the long-term influence of a
Project on air quality in the Air Basin. The proposed Project would not result in a long-term impact
on the region’s ability to meet state and federal air quality standards. Also, the proposed Project
would be consistent with the goals and policies of the AQMP for the control of fugitive dust.
Impacts would be less than significant.
(b) Result in a cumulatively considerable net increase of any criteria pollutant for which the
project region is non-attainment under an applicable federal or state ambient air quality
standard?
Less than Significant. The SCAQMD quantitative significance thresholds shown in Table 3,
SCAQMD CEQA Thresholds of Significance, were used to evaluate Project emissions impacts.
Table 3: SCAQMD CEQA Thresholds of Significance
Pollutant Project Construction Project Operation
lbs/day lbs/day
ROGs (VOCs) 75 55
Nitrogen Oxide (NOX) 100 55
Carbon Monoxide (CO) 550 550
Sulfur Oxides (SOx) 150 150
Coarse Particulates (PM10) 150 150
Fine Particulates (PM2.5) 55 55
24-hour PM2.5 Increment 10.4 microgram per cubic meter
(µg/m3) 2.5 µg/m3
24-hour PM10 Increment 10.4 µg/m3 2.5 µg/m3
Annual PM10 Increment 1.0 µg/m3 annual average
1-hour Nitrogen Dioxide (NO2) Increment 0.18 parts per million (ppm) (State)
Annual NO2 Increment 0.03 ppm (State) and 0.0534 ppm (Federal)
1-hour Sulfur Dioxide (SO2) Increment 0.25 ppm (State) and 0.075 ppm (Federal – 99th percentile)
24-hour SO2 Increment 0.04 ppm (State)
24-hour Sulfate Increment 25 ug/m3 (State)
1-hour CO Increment 20 ppm (State) and 35 ppm (Federal)
8-hour CO Increment 9.0 ppm (State/Federal)
Toxic Air Contaminants (TACs) Including
Carcinogens and Non-Carcinogens
Maximum Incremental Cancer Risk ≥10 in 1 million
Cancer Burden >0.5 excess cancer cases (in areas ≥1 in 1 million)
Chronic and Acute Hazard Index ≥1.0 (Project increment)
Odor Project creates an odor nuisance pursuant to Rule 402
Greenhouse Gases (GHGs)
10,000 metric tons per year (MT/yr) of carbon dioxide equivalent (CO2e) for
industrial facilities
3,000 MT/yr CO2e for land use projects (draft proposal)
Source: South Coast Air Quality Management District, South Coast AQMD Air Quality Significance Thresholds, April 2019.
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Packet Pg. 233 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
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Construction Phase
Construction associated with the Project would generate short-term emissions of criteria air
pollutants. The criteria pollutants of primary concern within the Project area include O3-precursor
pollutants (i.e., ROG and NOX) and PM10 and PM2.5. Construction-generated emissions are short
term and of temporary duration, lasting only as long as construction activities occur, but would
be considered a significant air quality impact if the volume of pollutants generate d exceeds the
SCAQMD’s thresholds of significance.
Construction results in the temporary generation of emissions resulting from site grading, road
paving, motor vehicle exhaust associated with construction equipment and worker trips, and the
movement of construction equipment, especially on unpaved surfaces. Emissions of airborne
particulate matter are largely dependent on the amount of ground disturbance a ssociated with
site preparation activities as well as weather conditions and the appropriate application of water.
The duration of construction activities associated with the Project is estimated to last
approximately 14 months. Emissions from the construction phase of the proposed Project were
estimated based on information from the Project developer for construction equipment
requirements and schedule. Construction-generated emissions associated the Project were
calculated using the CARB-approved CalEEMod computer program, which is designed to model
emissions for land use development projects, based on typical construction requirements.
Table 4, Regional Maximum Daily Construction Emissions, provides a summary of the emission
estimates for construction of the proposed Project, assuming standard measures are
implemented to reduce emissions.
Table 4: Regional Maximum Daily Construction Emissions (lbs/day)
Construction Year
Reactive
Organic
Gases
(ROG)
Nitrogen
Oxide
(NOx)
Carbon
Monoxide
(CO)
Sulfur
Dioxide
(SO2)
Coarse
Particulate
Matter
(PM10)
Fine
Particulate
Matter
(PM2.5)
Year 1 (2020) 54.07 85.41 49.44 0.12 9.96 6.18
Year 2 (2021) 53.66 34.36 41.16 0.12 6.71 2.57
SCAQMD Significance
Threshold 75 100 550 150 55 150
Exceed Significance? No No No No No No
Notes: SCAQMD Rule 403 Fugitive Dust applied. The Rule 403 reduction/credits include the following: properly maintain mobile and other
construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; cover stockpiles with
tarps; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. Reductions percentages from the SCAQMD
CEQA Handbook (Tables XI-A through XI-E) were applied. No mitigation was applied to construction equipment. Refer to Appendix A for
Model Data Outputs.
Source: CalEEMod version 2016.3.2. Refer to Appendix A for model outputs.
As shown in Table 7, emissions associated with construction are below the significance
thresholds for all construction phases and pollutants. Construction of the project would be short-
term and temporary. Thus, the emissions associated with construction would not result in a
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Packet Pg. 234 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
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significant impact on the ambient air quality. Because emissions are less than the significance
levels as shown in Table 4, they would not conflict or obstruct the air quality standards.
Fugitive dust emissions may have a substantial, temporary impact on local air quality. In addition,
fugitive dust may be a nuisance to those living and working in the Project vicinity. Uncontrolled
dust from construction can become a nuisance and potential health hazard to t hose living and
working nearby. It is mandatory for all construction projects in the Air Basin to comply with
SCAQMD Rule 403 for fugitive dust that include, applying water in sufficient quantities to prevent
the generation of visible dust plumes, applying soil binders to uncovered areas, reestablishing
ground cover as quickly as possible, utilizing a wheel washing system to remove bulk material
from tires and vehicle undercarriages before vehicles exit the construction site, and maintaining
effective cover overexposed areas.
Operational Phase
Project-generated emissions would be primarily associated with motor vehicle use and area
sources, such as the use of landscape maintenance equipment and architectural coatings. Minor
impacts would be associated with energy use and area sources. The emissions associated with
Project-generated traffic and area sources were compared against the SCAQMD’s quantitative
significance criteria to address whether the Project would result in emissions that would violate
any air quality standard or contribute substantially to an existing or proposed air quality violation.
Trip generation rates from the Project Traffic Impact Analysis were used in CalEEMod to estimate
emissions from vehicles. Long-term operational emissions attributable to the Project are
summarized in Table 5, Operational Emissions. Table 5 also shows unmitigated and mitigated
criteria operational emissions respectively and evaluates mitigated emissions against SCAQMD
significance thresholds. Note that emissions rates differ from summer to winter because different
weather patterns affect pollutant mixing, dispersion, O3 formation, and other factors. As shown
in Table 5, the Project emissions would not exceed SCAQMD thresholds for any criteria air
pollutants. Therefore, regional operations emissions would result in a less than sign ificant long-
term regional air quality impact.
Table 5: Operational Emissions (lbs/day)
Source
Reactive
Organic
Gases
(ROG)
Nitrogen
Oxide
(NOx)
Carbon
Monoxide (CO)
Sulf
ur
Diox
ide
(SO2)
Coarse
Particulate
Matter
(PM10)
Fine
Particulate
Matter
(PM2.5)
Existing Conditions – Summer
Area 2.69 0.00 0.09 0.00 0.00 0.00
Energy 0.04 0.34 0.28 0.00 0.03 0.03
Mobile 20.69 66.32 154.97 0.45 34.27 9.48
Total Emissions1 23.42 66.66 155.35 0.45 34.30 9.50
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Packet Pg. 235 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6923 : Resolution Adopting Mitigated Negative Declaration, Mitigation Monitoring Program
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Source
Reactive
Organic
Gases
(ROG)
Nitrogen
Oxide
(NOx)
Carbon
Monoxide (CO)
Sulf
ur
Diox
ide
(SO2)
Coarse
Particulate
Matter
(PM10)
Fine
Particulate
Matter
(PM2.5)
Existing Conditions – Winter
Area 2.69 0.00 0.09 0.00 0.00 0.00
Energy 0.04 0.34 0.28 0.00 0.03 0.03
Mobile 16.40 70.14 142.41 0.43 34.28 9.48
Total Emissions 19.13 70.47 142.79 0.43 34.31 9.51
Proposed Project – Summer
Area 10.63 0.00 0.09 0.00 0.00 0.00
Energy 0.01 0.11 0.09 0.00 0.00 0.00
Mobile 5.48 34.84 53.28 0.20 13.12 3.72
Off-Road 1.36 12.66 13.85 0.02 0.84 0.77
Total Emissions 17.48 47.60 67.31 0.22 13.96 4.49
Proposed Project – Winter
Area 10.63 0.00 0.09 0.00 0.00 0.00
Energy 0.01 0.11 0.09 0.00 0.00 0.00
Mobile 4.56 36.72 48.81 0.19 13.12 3.72
Off-Road 1.36 12.66 13.85 0.02 0.84 0.77
Total Emissions 16.56 49.49 62.83 0.21 13.97 4.50
Net Emissions
Existing Conditions
Summer 23.42 66.66 155.35 0.45 34.3 9.5
Proposed Project
Summer 17.48 47.60 67.31 0.22 13.96 4.49
Existing Conditions
Winter 19.13 70.47 142.79 0.43 34.31 9.51
Proposed Project
Winter 16.56 49.49 62.83 0.21 13.97 4.50
Net Summer -5.94 -19.06 -88.04 -0.23 -20.34 -5.01
Net Winter -2.57 -20.98 -79.96 -0.22 -20.34 -5.01
SCAQMD Significance
Thresholds 55 55 550 150 55 150
Exceed thresholds? No No No No No No
Source: CalEEMod version 2016.3.2. Refer to Appendix A for model outputs.
Note: Total values are from CalEEMod and may not add up 100% due to rounding. Total PM10 or PM2.5 includes fugitive dust and engine
exhaust.
Cumulative Impacts
A significant impact to air quality would occur if the Project would result in a cumulatively
considerable net increase of any criteria pollutant for which the region is nonattainment under
an applicable NAAQS or CAAQS (including releasing emissions which exceed quantitative
thresholds for ozone precursors). The proposed Project emissions were evaluated based on the
quantitative emission thresholds established by SCAQMD i n its CEQA Air Quality Handbook
(SCAQMD 1993, as amended) to determine whether the Project would result in a cumulatively
considerable increase in non-attainment criteria pollutants or exceed the quantitative thresholds
for ozone precursors. The SCAQMD has established quantitative thresholds against which a
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Project’s emissions could be evaluated to determine if there is a potential for a significant impact.
In the event direct impacts from a project are less than significant, a project may still have a
cumulatively considerable impact on air quality if the emissions from the Project, in combination
with the emissions from other proposed, or reasonably foreseeable future projects are in excess
of screening levels identified above, and the Project’s contribution accounts for more than an
insignificant proportion of the cumulative total emissions. The proposed Project would not result
in significant construction or operational air quality impacts including non -attainment criteria
pollutants. Therefore, the Project’s contribution to regional pollutant concentrations would not
be cumulatively considerable.
With respect to the proposed Project’s construction -period air quality emissions and cumulative
Air Basin conditions, the SCAQMD has developed strategies to reduce criteria pollutant emissions
outlined in the AQMP pursuant to the Federal Clean Air Act mandates. The Project’s short-term
and long-term emissions were evaluated using CalEEMod. The analysis assumed compliance with
SCAQMD Rule 403 fugitive dust controls during construction, that, among other methods of dust
control, requires frequent water applications. SCAQMD rules, mandates, and compliance with
adopted AQMP emissions control measures would also be imposed on construction projects
throughout the Air Basin, which would include related projects. Compliance with SCAQMD rules
and regulations would reduce the proposed Project’s construction-related impacts to a less than
significant level. Therefore, Project-related construction emissions, in combination with those
from other projects in the area, would not substantially deteriorate the local air quality.
The proposed Project would not result in long -term air quality impacts; emissions would not
exceed SCAQMD operational thresholds. Additionally, adherence to SCAQMD rules and
regulations would alleviate potential impacts related to cumulative conditions on a project-by-
project basis. Emission reduction technology, strategies, and plans are constantly being
developed. As a result, the proposed Project would not contribute a cumulatively considerable
net increase of any nonattainment criteria pollutant. Impacts would be less than significant.
(c) Expose sensitive receptors to substantial pollutant concentrations?
Less than Significant. A significant impact may occur when a project would generate pollutant
concentrations to a degree that would significantly affect sensitive receptors, which include
populations that are more susceptible to the effects of air pollution than the population at large.
Exposure of sensitive receptors is addressed for the following situations: CO hotspots; criteria
pollutants and toxic air contaminants (TACs, specifically diesel PM) from on -site construction;
exposure to off-site TAC emissions; and asbestos and lead-based paint during demolition.
Localized Significance Threshold Analysis
The Localized Significance Threshold (LST) Methodology provides a look-up table for construction
and operational emissions based on the emission rate, location, and distance from receptors, and
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provides a methodology for air dispersion modeling to evaluate whether construction or
operation could cause an exceedance of an ambient air quality standard.
An LST analysis was performed for this Project to show that NOX, CO, PM10, PM2.5 emissions would
not contribute to or cause an exceedance of California Ambient Air Quality Standards (CAAQS) or
National Ambient Air Quality Standards (NAAQS). For determining localized AQ impacts from
small projects in a defined geographic Source-Receptor Area (SRA), the LST methodology
provides mass emission rate lookup tables for 1-acre, 2-acre, and 5-acre parcels by SRA. The
tabulated LSTs represent the maximum mass emissions from a project that would not cause or
contribute to an exceedance of CAAQS or NAAQS for the pollutants listed above and were
developed based on ambient concentrations of these pollutants for each SRA in the Air Basin.
The highest daily emission rates occur during the site preparation and grading phases of
construction due to the use of heavy earthmoving equipment. The Project site is approximately
20 acres in SRA Zone 34, the Central San Bernardino Valley. The peak daily soil disturbance occurs
during the site preparation phase and equates to a maximum soil disturbance of 3 acres based
on the estimated amount of construction equipment that may be needed and the SCAQMD
guidance document Fact Sheet for Applying CalEEMod to LTS (SCAQMD 2017). Thus, thresholds
for 3 acres of disturbance were interpolated between the 2- and 5-acre values on the screening
lookup tables were used to evaluate NOX, CO, PM10, and PM2.5 impacts on nearby receptors at
the distance of 50 meters (164 feet) from the closest active construction area. The 5 -acre
thresholds were used for operations. Although the Project site is greater than five acres, the LST
lookup tables can be used to show that even if the daily emissions from all Project operations
were emitted on a five-acre site, the impacts would be less than significant.
The LST results provided in Table 6, Construction LST Evaluation, and Table 7, On-site Operational
LST Evaluation, shows that on-site emissions from both construction and operations,
respectively, would meet the LST passing criteria at the nearest receptors.
Table 6: Construction LST Evaluation
Construction Activity
Nitrogen
Oxide
(NOX)
Carbon
Monoxide
(CO)
Coarse
Particulate
Matter
(PM10)
Fine
Particulate
Matter
(PM2.5)
Demolition 81.79 47.53 5.42 3.91
Site Preparation 40.50 21.15 9.77 6.13
Grading 46.40 30.88 5.69 3.36
Paving 12.92 14.65 0.68 0.62
Building Construction 17.43 16.58 0.96 0.90
Architectural Coating 4.58 5.45 0.28 0.28
SCAQMD Localized Screening Threshold
(adjusted for 3.0 acres at 50 meters) 234 1,748 29 7
Exceed SCAQMD Threshold? No No No No
Source: CalEEMod version 2016.3.2. Refer to Appendix A for model outputs.
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Table 7: On-Site Operational LST Evaluation
Operations
Nitrogen
Oxide
(NOX)
Carbon
Monoxide
(CO)
Coarse
Particulate
Matter
(PM10)
Fine
Particulate
Matter
(PM2.5)
On-Site and Mobile Source Emissions 31.13 40.67 7.4 2.64
SCAQMD Localized Screening Threshold
(5 acres at 50 meters) 302 2,361 11 3
Exceed SCAQMD Threshold? No No No No
1. SRA Zone 34 – Central San Bernardino Valley; 5-acre area, 50 meters to receptor; conservatively assumes 50 percent of mobile emissions
are on-site.
Source: CalEEMod version 2016.3.2. Refer to Appendix A for model outputs.
Based on the estimates of the emissions associated with Project operations, the emissions are
below the significance criteria for all pollutants. Because emissions are less than the significance
levels, they would not conflict or obstruct the implementation of the AQMP. Additionally, vehicle
emissions are projected to decrease with time due to phase-out of older, more polluting vehicles
and increasingly stringent emissions standards. The proposed Project’s construction and
operational emissions would not exceed SCAQMD LSTs. Therefore, the Project would not result
in significant localized construction or operational emissions.
Carbon Monoxide Hot Spots
Projects involving traffic impacts may result in the formation of locally high concentrations of CO,
known as CO “hot spots.” The Project is anticipated to generate 813 average daily trips (ADT).
Based on the analysis presented below, a CO “hot spots” analysis is not needed to determine
whether the change in the level of service (LOS) of an intersection in the Project would have the
potential to result in exceedances of the CAAQS or NAAQS. An adverse CO concentration (“hot
spot”) would occur if an exceedance of the state one-hour standard of 20 ppm or the eight-hour
standard of 9 ppm were to occur. At the time of the 1993 Handbook, the Air Basin was designated
nonattainment under the NAAQS and CAAQS for CO. It has long been recognized that CO hot
spots are caused by vehicular emissions, primarily when idling at congested intersections.
However, vehicle emissions standards have become increasingly stringent in the last 20 years.
Currently, the allowable CO emissions standard in California is a maximum of 3.4 grams per mile
for passenger cars (there are requirements for certain vehicles that are more stringent). With the
turnover of older vehicles, introduction of cleaner fuels and implementation of increasingly
sophisticated and efficient emissions control technologies, CO concentration in the Air Basin is
now designated as attainment. Also, CO concentrations in the Project vicinity have steadily
declined.
Accordingly, with the steadily decreasing CO emissions from vehicles, even very busy
intersections do not result in exceedances of the CO standard. An analysis prepared for CO
attainment in the Air Basin by the SCAQMD can assist in evaluating the potential for CO
exceedances. CO attainment was thoroughly analyzed as part of the SCAQMD’s 2003 AQMP. As
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part of the SCAQMD CO Hot spot analysis, the Wilshire Boulevard/Veteran Avenue intersection,
one of the most congested intersections in Southern California with an ADT volume of
approximately 100,000 vehicles per day, was modeled for CO concentrations. This modeling
effort identified a CO concentration high of 4.6 parts per million (ppm), which is well below the
35-ppm federal standard. The proposed Project considered herein would not produce the volume
of traffic required to generate a CO hot spot in the context of SCAQMD’s 200 3 CO hot-spot
analysis. The Air Basin was re-designated as attainment in 2007 and is no longer addressed in the
SCAQMD’s AQMP. The 2003 AQMP is the most recent AQMP that addresses CO concentrations.
As the CO hotspots were not experienced at the Wilshire B oulevard and Veteran Avenue
intersection even as it accommodates 100,000 vehicles daily, it can be reasonably inferred that
CO hotspots would not be experienced at any vicinity intersections as a result of 813 additional
vehicle trips attributable to the Project. Therefore, impacts would be less than significant in this
regard.
Construction-Related Diesel Particulate Matter
Construction would result in the generation of DPM emissions from the use of off-road diesel
equipment required. The amount to which the receptors are exposed (a function of
concentration and duration of exposure) is the primary factor used to determine health risk
(i.e., potential exposure to TAC emission levels that exceed applicable standards). Health-related
risks associated with diesel-exhaust emissions are primarily linked to long-term exposure and the
associated risk of contracting cancer.
The use of diesel-powered construction equipment would be temporary and episodic. The
duration of exposure would be short and exhaust from const ruction equipment dissipates
rapidly. Current models and methodologies for conducting health risk assessments are
associated with longer-term exposure periods of nine, 30, and 70 years, which do not correlate
well with the temporary and highly variable nature of construction activities.
California Office of Environmental Health Hazard Assessment has not identified short -term health
effects from DPM. Construction is temporary and would be transient throughout the site
(i.e., move from location to location) and would not generate emissions in a fixed location for
extended periods of time. Construction would be subject to and would comply with California
regulations limiting the idling of heavy-duty construction equipment to no more than five
minutes to further reduce nearby sensitive receptors’ exposure to temporary and variable DPM
emissions. These regulations would further reduce nearby sensitive receptors’ exposure to
temporary and variable DPM emissions. Given the temporary and intermittent nature of
construction activities likely to occur within specific locations in the Project site (i.e., construction
is not likely to occur in any one location for an extended time), the dose of DPM of any one
receptor is exposed to would be limited. Therefore, considering the relatively short duration of
DPM-emitting construction activity at any one location and the highly dispersive properties of
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DPM, sensitive receptors would not be exposed to substantial concentrations of construction -
related TAC emissions. Carcinogenic health risk occurs from long-term exposure and not
necessarily construction activities. . For these reasons, DPM generated by construction activities,
in and of itself, would not be expected to expose sensitive receptors to substantial amounts of
air toxics and the Project would have a less than significant impact.
Operational Diesel Particulate Matter
An operational phase mobile source HRA was conducted based on the SCAQMD’s Health Risk
Assessment Guidance for Analyzing Cancer Risks from Mobile Source Diesel Idling Emissions for
CEQA Air Quality Analysis and the SCAQMD Risk Assessment Procedures and the guidance from
the California Office of Environmental Health Hazard Assessment (OEHHA). The analysis includes
on-site and off-site impacts from the diesel trucks accessing the warehouse development on
nearby residential and worker receptors.
The On-Road Motor Vehicle Emission Inventory Model (EMFAC) 2017 version 1.0.2 was used to
obtain the emission factors for in grams per mile for vehicle travel and grams per hour for vehicle
idling. Truck emissions were based on the first possible year of operations for a fleet mix of
various aged vehicles, as opposed to average emissions over a 30 -year window. Trucks were
assumed to travel at a speed of 25 to 50 miles per hour (mph) (depending on roadway) for off-
site truck travel and 10 mph for on-site truck travel.
Idling emissions were represented in the model via line volume sources along each loading dock
and 15 minutes of idling for each truck was assumed. Truck travel emissions were represented in
the model via line volume sources along local roads and inside the facility where the trucks are
expected to travel. The trucking routes were determined per the traffic impact analysis
conducted for the proposed Project.
Air dispersion modeling for the HRA was performed using the United States Environmental
Protection Agency (U.S. EPA) AERMOD dispersion model. AERMOD is a steady‐state, multiple‐
source, Gaussian dispersion model designed for use with emission sources situated in terrain
where ground elevations can exceed the stack heights of the emission sources (not a factor in
this case). AERMOD requires hourly meteorological data consisting of wind vector, wind speed,
temperature, stability class, and mixing height. Uniform Cartesian receptors were used to
evaluate the locations of the maximally exposed sensitive receptors. Surface and upper air
meteorological data from the Fontana Monitoring Station provided by the SCAQMD was selected
as being the most representative meteorology. In addition, National Elevation Dataset (NED)
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terrain data was imported into AERMOD for the Project. The modeling and analysis was prepared
in accordance with the SCAQMD Modeling Guidance for AERMOD.12
Note that the concentration estimate d eveloped using this methodology is conservative and is
not a specific prediction of the actual concentrations that would occur at the Project site any one
point in time. Actual 1-hour and annual average concentrations are dependent on many
variables, particularly the number and type of vehicles and equipment operating at specific
distances during time periods of adverse meteorology. A health risk computation was performed
to determine the risk of developing an excess cancer risk calculated on these worst-case exposure
duration scenarios. The chronic and carcinogenic health risk calculations are based on the
standardized equations contained in the OEHHA Guidance Manual. Only the risk associated with
the worst-case location of the Project was assessed.
Based on the AERMOD outputs, the highest expected hourly average diesel PM10 emission
concentrations from diesel truck traffic near sen sitive receptors would be 0.0138 µg/m3. The
highest expected annual average diesel PM10 emission concentrations near sensitive receptors
would be 0.0047 µg/m3. The calculations conservatively assume no cleaner technology with
lower emissions in future years. As shown in Table 8, Risk Assessment Results, the highest
calculated carcinogenic risk resulting from the Project is 3.22 per million residents. As shown,
impacts related to cancer risk would be less than significant at nearby residential communities.
Table 8: Risk Assessment Results
Exposure Scenario Maximum Cancer Risk
(Risk per Million)1, 2
Significance Threshold
(Risk per Million)
Exceeds Significance
Threshold?
Residents 3.22 10 No
1 Refer to Appendix A.
2 The maximum cancer risk would be experienced at the property located at the northeast corner of the South Waterman Avenue and West
Central Avenue intersection based on worst-case exposure durations for the Project, 95th percentile breathing rates, and 30-year averaging
time.
Acute and chronic impacts were also evaluated in the HRA. An acute or chronic hazard index of
1.0 is considered individually significant. The hazard index is calculated by dividing the acute or
chronic exposure by the reference exposure level. The highest maximum chronic and acute
hazard index associated with both DPM and acrolein emissions from the Project would be 0.0009
and 0.0055, respectively. Therefore, non‐carcinogenic hazards are calculated to be within
acceptable limits and a less than significant impact would occur.
Criteria Pollutant Health Impacts
On December 24, 2018, the California Supreme Court issued an opinion identifying the need to
provide sufficient information connecting a project’s air emissions to health impacts or explain
12 South Coast Air Quality Management District, SCAQMD Modeling Guidance for AERMOD, http://www.aqmd.gov/home/air-
quality/meteorological-data/modeling-guidance, accessed February 5, 2020.
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why such information could not be ascertained (Sierra Club v. County of Fresno [Friant Ranch,
L.P.] [2018] Cal.5th, Case No. S219783). The SCAQMD has set its CEQA significance thresholds
based on the FCAA, which defines a major stationary source (in extreme ozone nonattainment
areas such as the South Coast Air Basin) as emitting 10 tons per year. The thresholds correlate
with the trigger levels for the federal New Source Review (NSR) Program and SCAQMD Rule 1303
for new or modified sources. The NSR Program13 was created by the FCAA to ensure that
stationary sources of air pollution are constructed or modified in a manner that is consistent with
attainment of health-based federal ambient air quality standards. The federal ambient air quality
standards establish the levels of air quality necessary, with an adequate margin of safety, to
protect the public health. Therefore, projects that do not exceed the SCAQMD’s LSTs and mass
emissions thresholds would not violate any air quality standards or contribute substantially to an
existing or projected air quality violation and no criteria pollutant health impacts.
NOX and ROG are precursor emissions that form ozone in the atmosphere in the presence of
sunlight where the pollutants undergo complex chemical reactions. It takes time and the
influence of meteorological conditions for these reactions to occur, so ozone may be formed at
a distance downwind from the sources. Breathing ground -level ozone can result health effects
that include: reduced lung function, inflammation of airways, throat irritation, pain, burning, or
discomfort in the chest when taking a deep breath, chest tightness, wheezing, or shortness of
breath. In addition to these effects, evidence from observational studies strongly indicates that
higher daily ozone concentrations are associated with increased asthma attacks, increased
hospital admissions, increased daily mortality, and other markers of morbidity. The consistency
and coherence of the evidence for effects upon asthmatics suggests that ozone can make asthma
symptoms worse and can increase sensitivity to asthma t riggers.
According the SCAQMD’s 2016 AQMP, ozone, NOX, and ROG have been decreasing in the Basin
since 1975 and are projected to continue to decrease in the future. Although vehicle miles
traveled in the Basin continue to increase, NOX and ROG levels are decreasing because of the
mandated controls on motor vehicles and the replacement of older polluting vehicles with lower-
emitting vehicles. NOX emissions from electric utilities have also decreased due to the use of
cleaner fuels and renewable energy. The 2016 AQMP demonstrates how the SCAQMD’s control
strategy to meet the 8-hour ozone standard in 2023 would lead to sufficient NOX emission
reductions to attain the 1-hour ozone standard by 2022. In addition, since NOX emissions also
lead to the formation of PM2.5, the NOX reductions needed to meet the ozone standards will
likewise lead to improvement of PM2.5 levels and attainment of PM2.5 standards.
The SCAQMD’s air quality modeling demonstrates that NOX reductions prove to be much more
effective in reducing ozone levels and will also lead to significant improvement in PM2.5
13 Code of Federal Regulation (CFR) [i.e., PSD (40 CFR 52.21, 40 CFR 51.166, 40 CFR 51.165 (b)), Non-attainment NSR (40 CFR
52.24, 40 CFR 51.165, 40 CFR part 51, Appendix S)
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concentrations. NOX-emitting stationary sources regulated by the SCAQMD include Regional
Clean Air Incentives Market (RECLAIM) facilities (e.g., refineries, power plants, etc.), natural ga s
combustion equipment (e.g., boilers, heaters, engines, burners, flares) and other combustion
sources that burn wood or propane. The 2016 AQMP identifies robust NOX reductions from new
regulations on RECLAIM facilities, non-refinery flares, commercial cooking, and residential and
commercial appliances. Such combustion sources are already heavily regulated with the lowest
NOX emissions levels achievable but there are opportunities to require and accelerate
replacement with cleaner zero-emission alternatives, such as residential and commercial
furnaces, pool heaters, and backup power equipment. The AQMD plans to achieve such
replacements through a combination of regulations and incentives. Technology-forcing
regulations can drive development and commercialization of clean technologies, with future year
requirements for new or existing equipment. Incentives can then accelerate deployment and
enhance public acceptability of new technologies.
The 2016 AQMD also emphasizes that beginning in 2012, continued implementation of
previously adopted regulations will lead to NOX emission reductions of 68 percent by 2023 and
80 percent by 2031. With the addition of 2016 AQMP proposed regulatory measures, a 30
percent reduction of NOX from stationary sources is expected in the 15-year period between 2008
and 2023. This is in addition to significant NOX reductions from stationary sources achieved in the
decades prior to 2008.
As previously discussed, Project emissions would be less than significant and would not exceed
SCAQMD thresholds (refer to Table 7 and Table 8). Localized effects of on-site Project emissions
on nearby receptors were also found to be less than significant (refer to Table 9 and Table 10).
The LSTs represent the maximum emissions from a project that are not expected to cause or
contribute to an exceedance of the most stringent applicable state or federal ambient air quality
standard. The LSTs were developed by the SCAQMD based on the ambient concentrations of that
pollutant for each SRA and distance to the nearest sensitive receptor. The ambient air quality
standards establish the levels of air quality necessary, with an adequate margin of safety, to
protect public health, including protecting the health of sensitive populations. Therefore,
sensitive receptors would not be exposed to criteria pollutant levels exceeding ambient air
quality standards or criteria pollutant health impacts.
(d) Result in other emissions (such as those leading to odors) adversely affecting a
substantial number of people?
Less than Significant.
The SCAQMD CEQA Air Quality Handbook identifies certain land uses as sources of odors. These
land uses include agriculture (farming and livestock), wastewater treatment plants, food
processing plants, chemical plants, composting facilities, refineries, landfills, dairies, and
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fiberglass molding. The proposed Project would not include any of the land uses that have been
identified by the SCAQMD as odor sources and any odors generated from the proposed Project
would be similar in nature to odors from warehouse land uses. The surrounding land uses are
industrial in nature. During construction of the Project, emissions from construction equipment,
such as diesel exhaust, and volatile organic compounds from architectural coatings and paving
activities may generate odors. However, these odors would be temporary, would disperse
rapidly, and would be localized to the construction site; and therefore, are not expected to affect
a substantial number of people. Thus, impacts relating to both operational and construction
activity odors from implementation of the Project would be less than significant.
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Biological Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special-status species in local
or regional plans, policies, or regulations, or by the
California Department of Fish and Wildlife or U.S. Fish and
Wildlife Service?
X
b) Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations, or by the California
Department of Fish and Wildlife or U.S. Fish and Wildlife
Service?
X
c) Have a substantial adverse effect on state or federally
protected wetlands (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
X
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
X
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
X
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
X
A Biological Resources Assessment and Jurisdictional Delineation has been prepared by Jericho
Systems, November 20, 2019. The report is available as Appendix B to this IS/MND.
(a) Have a substantial adverse effect, either directly or through habitat modifications, on any
species identified as a candidate, sensitive, or special-status species in local or regional
plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S.
Fish and Wildlife Service?
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No Impact. The proposed Project is not within a potential habitat for sensitive wildlife,14 and is
not within a biological resource area.15
The database searches identified 60 sensitive species (25 plant, 31 vertebrates, 4 invertebrate)
and three sensitive habitats within the San Bernardino South USGS 7.5-minute series quadrangle.
A full summary of these results is outlined in Attachment A of the Biological Resources
Assessment, included as Appendix B of this IS/MND.
Wildlife
The database searches indicated that no State and/or federally listed threatened or endangered
species are documented in the immediate vicinity of the Project site and that no U.S. Fish and
Wildlife Service (USFWS)-designated Critical Habitat occurs onsite. The Coastal California
gnatcatcher (Polioptila California California), USFWS-designated southwestern willow flycatcher
(Empidonax traillii extimus), Santa Ana sucker (Catostomus santaanae), and San Bernardino
Merriam’s kangaroo rat (Dipodomys Merriami parvus) occur approximately 0.5 miles southeast
of the Project site. No habitat capable of supporting these species occurs on-site.16
Wildlife species observed or otherwise detected on-site during the surveys included: California
towhee (Melozone fusca), house finch (Haemorhous mexicanus), northern mockingbird (Mimus
polyglottos), house sparrow (Passer domesticus), white-crowned sparrow (Zonotrichia
leucophrys), yellow-rumped warbler (Setophaga coronata), domesticated dog (Canis lupus
familiaris), and cottontail (Sylvilagus audubonii). California ground squirrel burrows were found
in the southeast undeveloped portion of the site.
Burrowing owl (Athene cunicularia) (BUOW)
No evidence of BUOW was found in the survey area. There was no sign of historic or current use
of BUOW (no BUOW pellets, feathers or whitewash, and no burrows). Fossorial mammals17 were
observed on-site; however, no BUOW have been documented within a 3-mile radius of the
subject parcel. Predators (domestic dog) were observed on-site, and parcels are subject to
regular ground and noise disturbance. Therefore, BUOW are, at the time of the Biological
Resources report (dated November 20, 2019), considered absent from the Project site.
Vegetation
Most of the Project site is completely developed. Mill Center Park is ent irely mowed grass that
receives regular maintenance. The southeast portion of the property consists of ornamental trees
and ruderal vegetation that includes red brome (Bromus rubens), ripgut brome (Bromus
14 General Plan. 2005. Figure NRC-1 – Potential Habitat for Sensitive Wildlife.
15 General Plan. 2005. Figure NRC-2 – Biological Resource Areas.
16 Jericho Systems. 2019. Biological Resources Assessment / Jurisdictional Delineation. (See Appendix B)
17 A fossorial (from Latin fossor, meaning "digger") animal is one adapted to digging which lives primarily, but not solely,
underground. Some examples are badgers, naked mole-rats, clams, and mole salamanders.
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diandrus), redstem filaree (Erodium cicutarium), summer mustard (Hirschfeldia incana), and
tocalote (Centaurea mellitensis). The school including the ballfields are primarily paved, lawn
grass, or ornamental vegetation. Ornamental species observed in accessible areas included coast
live oak (Quercus agrifolia), Lombardy poplar (Populus nigra), Mexican fan palm (Washingtonia
robusta), ash tree (Fraxinus ssp.), and tree of heaven (Ailanthus altissima).
The proposed Project would not impact, either directly or through habitat modifications, any
species identified as a candidate, sensitive, or special-status species in local or regional plans,
policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or USFWS.
No sensitive or special status plant species are identified to occur on-site. Therefore, no impact
would occur.
(b) Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, regulations, or by the California
Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
No Impact. Adjacent to the school’s access road on the west side, between the ballfields and the
undeveloped area, exists six relatively uniform drainage basins that are approximately 0.06-acre
each. The basins appeared to be routinely maintained. The basins appear to collect water from
the school’s paved area to the north and access road on the east, and sheet flow the overflow
into the vacant, undeveloped area within the southern portion of the Project site. No riparian or
sensitive, or wetland vegetation was discovered within the basins, or within the undeveloped
area. No other water features were observed on the Project site. Therefore, no impacts to
riparian habitat or other sensitive natural community would occur as a result of the proposed
Project implementation.
(c) Have a substantial adverse effect on state or federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
No Impact. As discussed above in Biological Resources Threshold (b), there are no drainage
features onsite that would meet any criteria subject to the Clean Water Act (CWA) or Fish and
Game Code (FGC). No aspect of the site presents any evidence of riparian vegetation, facultative,
facultative wet or obligate wet vegetation, harrow marks, sand bars shaped by water, racking,
riling, destruction of vegetation, defined bed and bank, distinct line between vegetation. Further,
the onsite basins are for storm water detention and are not flow-through drainage basins. No
jurisdictional waters occur onsite. Therefore, no impact would occur.
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(d) Interfere substantially with the movement of any native resident or migratory fish or wildlife
species or with established native resident or migratory wildlife corridors , or impede the
use of native wildlife nursery sites?
Less than Significant with Mitigation Incorporated. The property boundaries contain trees
suitable for use by raptors for nesting and roosting purposes. The Project site and immediate
surrounding areas do contain habitat suitable for nesting birds in general.
Nesting birds are protected under the Migratory Bird Treaty Act (MBTA) which provides
protection for nesting birds that are both residents and migrants whether or not they are
considered sensitive by resource agencies. The MBTA makes it unlawful to take, possess, buy,
sell, purchase, or barter any migratory bird listed under 50 Code of Federal Regulation (CFR) 10,
including feathers or other parts, nests, eggs, or products, except as allowed by implementing
regulations (50 CFR 21). The direct injury or death of a migratory bird, due to c onstruction
activities or other construction-related disturbance that causes nest abandonment, nestling
abandonment, or forced fledging would be considered take under federal law. The USFWS, in
coordination with the CDFW administers the MBTA. CDFW’s authoritative nexus to MBTA is
provided in FGC §3503.5 which protects all birds of prey and their nests and FGC §3800 which
protects all non-game birds that occur naturally in the State.
The Project site is fully developed and does not serve as a wildlife corridor. However, the Project
site contains suitable habitat for nesting birds and raptors. Therefore, to reduce potential impacts
to nesting birds, the following Mitigation Measure is recommended:
Mitigation Measure:
MM BIO-1 Bird nesting season generally extends from February 1 through September 15 in
southern California and specifically, April 15 through August 31 for migratory
passerine birds. To avoid impacts to nesting birds (common and special status)
during the nesting season, a qualified Avian Biologist will conduct pre‐construction
Nesting Bird Surveys (NBS) prior to project‐related disturbance to nestable
vegetation to identify any active nests. If no active nests are found, no further
action will be required.
If an active nest is found, the biologist will notify the City, and will set appropriate
no‐work buffers around the nest which will be based upon the nesting species, its
sensitivity to disturbance, nesting stage and expected types, intensity and
duration of disturbance. The nests and buffer zones shall be field checked w eekly
by a qualified biological monitor. The approved no‐work buffer zone shall be
clearly marked in the field, within which no disturbance activity shall commence
until the qualified biologist has determined the young birds have successfully
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fledged and the nest is inactive. The biologist shall file a closure letter with the City
once the no disturbance period has ended.
With implementation of Mitigation Measure BIO-1, implementation of the proposed Project
would have a less than significant impact on the movement of any native resident or migratory
fish or wildlife species and established native resident or migratory wildlife corridors, and would
not impede the use of native wildlife nursery sites.
(e) Conflict with any local policies or ordinances protecting biological resources, such as a tree
preservation policy or ordinance?
No Impact. The City’s MC §19.28.100 requires a tree removal permit for anyone who wants to
remove five or more trees within a 36-month period. Section 19.28.100 mandates the
replacement of removed trees on a 1:1 basis. The Project site contains various trees throughout
the site. Based on the proposed Project site design, various trees are subject to removal.
Therefore, the Project would require a tree removal permit pursuant to §19.28.100.
No conflict with any local policy is anticipated, nor is a conflict anticipated with ordinances
protecting biological resources such as a tree preservation policy. As previously stated, the
Project site does not contain any species identified as a candidate, sensitive, or special-status
species in local or regional plans, policies, or regulations, or by the CDFW or USFWS. With
compliance with the City MC §19.28.100, the proposed Project would have no impact on local
policies and tree preservation policies or ordinances.
(f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan?
No Impact. The Project site is not located within the boundaries of an ado pted Habitat
Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or
State Habitat Conservation Plan. Therefore, no impact would occur.
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Cultural Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of
a historical resource pursuant to §15064.5?
X
b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to §15064.5?
X
c) Disturb any human remains, including those interred
outside of dedicated cemeteries?
X
A Cultural Resources Assessment has been prepared by BCR Consulting, LLC. December 26, 2019.
The report is available in Appendix C1 to this IS/MND. The report and research was completed
pursuant to CEQA, the PRC Chapter 2.6, §21083.2, and CCR Title 14, Chapter 3, Article 5,
§15064.5. The pedestrian cultural resources survey was intended to locate and document
previously recorded or new cultural resources, including archaeological sites, features, isolates,
and historic-period buildings, that exceed 45 years in age within defined Project boundaries.
Methodology
Records Search. Prior to the field survey a records search was conducted at the South Central
Coastal Information Center (SCCIC) at California State University, Fullerton. This archival research
reviewed the status of all recorded historic and prehistoric cultural resources, and survey and
excavation reports completed within one mile of the current project. Additional resources
reviewed included the National Register of Historic Places (NRHP), the California Register of
Historical Resources (CRHR), and documents and inventories published by the California Office
of Historic Preservation (OHP). These include the lists of California Historical Landmarks,
California Points of Historical Interest, Listing of National Register Properties, and the Inventory
of Historic Structures.
Additional Research. BCR Consulting performed additional research through records of the
General Land Office Maintained by the Bureau of Land Management, the San Bernardino County
Assessor, the San Bernardino County Historical Archives, and through various Internet resources.
Field Survey. An intensive-level cultural resources field survey of the Project site was conducted
on November 5, 2019. The survey was conducted by walking parallel transects spaced
approximately 15 meters apart across 100 percent of the Project site, where accessible. Cultural
Resources were recorded on Department of Parks and Recreation (DPR) 523 forms. Ground
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visibility averaged approximately 20 percent within Project boundaries. Because of low ground
visibility in the undeveloped southeast corner of the project site, vegetation was cleared at
intuitive intervals to expose from one to two meters of sediment immediately below the surface
and examine the exposure for the presence of cultural resources. Digital phot ographs were taken
at various points within the Project site. These included overviews as well as detail photographs
of all cultural resources. Cultural resources were recorded per the California OHP Instructions for
Recording Historical Resources in the field using:
• Detailed note-taking for entry on DPR Forms (see Appendix A to Cultural Resources Study)
• Hand-held Garmin Global Positioning systems for mapping purposes
• Digital photography of all cultural resources (see Appendix A of Cultural Resources Study).
Records Search. Data from the SCCIC revealed that 22 previous cultural resources studies have
taken place, and 20 cultural resources have been recorded within one mile of the Project site. Of
the 22 previous studies, one has previously assessed a portion of the Project site, and no cultural
resources have been previously recorded within its boundaries. The records search is
summarized as follows in Table 9, Cultural Resources and Studies Within One Mile of the Project
Site:
Table 9: Cultural Resources and Studies Within One Mile of the Project Site
USGS 7.5 Min
Quadrangle Cultural Resources Within One Mile of the Project Site
Studies Within One
Mile of the Project
Site
San Bernardino
South, California
(1980)
P-36-6099: Historic-Period Refuse Scatter (1 Mile SSW)
P-36-6103: Historic-Period RR Bridge (1/2 Mile SSE)
P-36-6847: Historic-Period Railroad (3/4 Mile SW)
P-36-13546: Historic-Period Orchard (3/4 Mile E)
P-36-13547: Historic-Period Foundations (3/4 Mile E)
P-36-13548: Historic-Period Foundations (3/4 Mile E)
P-36-17668: Historic-Period Building (1/2 Mile SW)
P-36-17813: Historic-Period Building (1/4 Mile SW)
P-36-17818: Historic-Period Building (3/4 Mile W)
P-36-23628: Historic-Period Foundations (1/4 Mile NW)
P-36-29347: Historic-Period Building (3/4 Mile N)
P-36-29348: Historic-Period Building (3/4 Mile NNW)
P-36-29349: Historic-Period Bridge (3/4 Mile N)
P-36-29448: Historic-Period Refuse (1/2 Mile SSW)
P-36-29909: Historic-Per. Military Property (1/2 Mile NE)
P-36-31402: Historic-Period Building (1/2 Mile SW)
P-36-31403: Historic-Period Building (1/2 Mile SW)
P-36-31404: Historic-Period Golf Course (1/2 Mile SW)
P-36-31405: Historic-Period Road (1/2 Mile SW)
P-36-33260: Historic-Per. Water Conveyance (1/2 Mile SW)
SB106-122, 406,
407, 531, 791, 2156,
2260, 2587, 2784,
3009, 3228, 3286,
4364, 4633, 4639,
5619, 5621*, 7256,
7371, 7463, 7528,
7618
Source: BCR Consulting, LLC. December 2019. Cultural Resources Assessment. Appendix C1.
Additional Research. Additional research was performed for the Project site to provide the
following context for the neighborhood, followed by background of the historic-period Mill
School and the two historic-period residences located at 915 and 969 Foisy Street, respectively
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(see also Field Survey Results in Appendix A to the Cultural Resources Assessment). These have
been recorded on DPR 523 forms. No other cultural resources were identified.
Significant Evaluations. CEQA calls for the evaluation and recordation of historic and
archaeological resources. The criteria for determining the significance of impacts to cultural
resources are based on §15064.5 of the CEQA Guidelines and Guidelines for the Nomination of
Properties to the CRHR. Properties eligible for listing in the CRHR and subject to review under
CEQA are those meeting the criteria for listing in the CRHR, or designation under a local
ordinance.
Significance Criteria
California Register of Historical Resources. The CRHR criteria are based on NRHP criteria. For a
property to be eligible for inclusion on the CRHR, one or more of the following criteria must be
met:
1. It is associated with the events that have made a significant contribution to the broad
patterns of local or regional history, or the cultural heritage of California or the U.S.;
2. It is associated with the lives of persons important to local, California, or U.S. history;
3. It embodies the distinctive characteristics of a type, period, region, or method of
construction, represents the work of a master, possesses high artistic values; and/or
4. It has yielded, or has the potential to yield, information important to the prehistory or
history of the local area, California, or the nation.
In addition to meeting one or more of the above criteria, the CRHR requires that sufficient time
has passed since a resource’s period of significance to “obtain a scholarly perspective on the
events or individuals associated with the resources.” (CCR 4852 [d][2]). The CRHR also requires
that a resource possess integrity. This is defined as the ability for the resource to convey its
significance through seven aspects: location, setting, design, materials, workmanship, feeling,
and association.
(a & b) Cause an adverse change in the significance of a historical or archaeological resource
pursuant to §15064.5?
Less than Significant with Mitigation. The records search conducted at the SCCIC revealed 22
previous cultural resources studies have taken place, and 20 cultural resources have been
recorded within one mile of the Project site. Of the 22 previous studies, one study has assessed
a portion of the Project site, and no cultural resources have been previously recorded within the
record search boundaries; refer to Table 9, Cultural Resources and Studies Within One Mile of the
Project Site.
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The Project site revealed that although The Mill School and residences at 915 and 969 Foisy Street
are of historical age, no structure was found to be specifically associated with events significant
to local, state, or national history (Criterion 1). Criterion 2, substantial research has failed to
connect the subject properties with the lives of persons important in California’s past. It is
therefore not eligible for the CRHR under Criterion 2. Under Criterion 3, the buildings lack
architectural distinction and do not display significant elements of the era during which they were
constructed. They do not significantly represent the work of an important creative individual or
possess high artistic values. Therefore, the subject properties are not eligible under Criterion 3.
Under Criterion 4, the subject properties have not and are not likely to yield information
important in prehistory or history and are therefore not eligible for listing under Criterion 4. The
subject properties and its historic-age buildings are therefore recommended not eligible under
any of the four criteria for listing on the CRHR, and as such are not recommended historical
resources under CEQA.18
Although the onsite structures are of historic age, the resources are recommended not eligible
for listing in the CRHR, and no other cultural resources were identified within the Project site.
Based on these results, it is recommended that no additional cultural resources work or
monitoring is necessary during proposed Project activities. Additionally, the City’s Historic
Demolition Ordinance, Demolition Prohibited (SBMC § 15.37.030), notes that no building or
structure fifty (50) years old or older shall be demolished unless a valid Demolition Permit has
been issued in accordance with this Chapter. As noted above, the structures are not eligible under
any of the four criteria for listing on the CRHR as a historical resource. Additionally, the Project
will apply for any required demolition permits. No significant impact related to archaeological or
historical resources is anticipated and no further investigations are recommended for the
proposed Project.
Although the current study has not indicated sensitivity for cultural resources (historical or
archaeological) within the Project boundaries, ground-disturbing activities have the potential to
reveal buried deposits not observed on the surface during previous surveys. For this reason,
Mitigation Measures CUL-1 through CUL-3 are applicable.
Mitigation Measure:
MM CUL-1 In the event that cultural resources are discovered during project activities, all
work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, the
City shall be notified, and a qualified archaeologist meeting Secretary of Interior
standards shall be hired to assess the find. Work on the other portions of the
project outside of the buffered area may continue during this assessment
period. Additionally, the San Manuel Band of Mission Indians Cultural Resources
18 BCR Consulting. June 2019. Cultural Resources Assessment, pages 13-14.
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Department (SMBMI) shall be contacted, as detailed within TCR-1, regarding any
pre-contact and/or post-contact finds and be provided information after the
archaeologist makes his/her initial assessment of the nature of the find, so as to
provide Tribal input to the City with regards to significance and treatment.
MM CUL-2 If significant pre-contact and/or post-contact cultural resources, as defined by
CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the
archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which
shall be provided to SMBMI and the City for review and comment, as detailed
within TCR-1. The archaeologist shall monitor the remainder of the project and
implement the Plan accordingly.
MM CUL-3 If human remains or funerary objects are encountered during any activities
associated with the project, work in the immediate vicinity (within a 100-foot
buffer of the find) shall cease, the City shall be notified, and the County Coroner
shall be contacted pursuant to State Health and Safety Code §7050.5 and that
code enforced for the duration of the project.
With implementation of Mitigation Measures CUL-1 through CUL-3, impacts to historical and
archaeological resources would be less than significant.
(c) Disturb any human remains, including those interred outside of dedicated cemeteries?
Less than Significant Impact. No formal cemeteries are in or near the Project area. Most Native
American human remains are found in association with prehistoric archaeological sites . As
discussed previously, the Project site is not proximate to identified archaeological resources.
Given the extent of disturbances from the educational, residential and previous uses, it is unlikely
that ground-disturbing activities associated with the construction of the proposed Project would
exceed depths of previous disturbance. However, subsurface construction activities associated
with the proposed Project, such as trenching and grading, could potentially damage or destroy
previously undiscovered human remains. Pursuant to State of California Health and Safety Code
provisions (notably §7050.5-7055), should any human remains be uncovered, all construction
activities must cease, and the County Coroner be immediately contacted. As required by State
Law, the Project is anticipated to adhere to the following during construction activities:
• If human remains or funerary objects are encountered during any activities associated
with the Project, work in the immediate vicinity (within a 100-foot buffer of the find) shall
cease and the County Coroner shall be contacted pursuant to State Health and Safety
Code §7050.5 and that code enforced for the duration of the Project; and
• The Lead Agency and the Project Applicant shall immediately contact the San Bernardino
County Coroner and the applicable designated tribal entity in the event that any human
remains are discovered during implementation of the Project. If the Coroner recognizes
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the human remains to be those of a Native American or has reason to believe that they
are those of a Native American, the Coroner shall ensure that notification is provided to
the NAHC within twenty-four (24) hours of the determination, as required by California
Health and Safety Code §7050.5 (c). The NAHC-identified Most Likely Descendant (MLD),
shall be allowed, under California PRC §5097.98 (a), to (1) inspect the site of the discovery
and (2) make determinations as to how the human remains and funerary objects shall be
treated and disposed of with appropriate dignity. The MLD, Project
Applicant/developer/landowner, and Lead Agency agree to discuss in good faith what
constitutes "appropriate dignity" as that term is used in the applicable statutes. The MLD
shall complete its inspection and make recommendations within forty-eight (48) hours of
being granted access to the site, as required by California PRC §5097.98. Reburial of
human remains and/or funerary objects shall be accomplished in compliance with the
California PRC §5097.98 (a) and (b). The MLD, in consultation with the Project
Applicant/developer/landowner, shall make the final discretionary determination
regarding the appropriate disposition and treatment of human remains and funerary
objects.
The Project is anticipated to have a less than significant impact on human remains, including
those interred outside of dedicated cemeteries.
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Energy
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
6. ENERGY. Would the project:
a) Result in a potentially significant environmental impact
due to wasteful, inefficient, or unnecessary consumption
of energy resources, during project construction or
operation?
X
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
X
Building Energy Conservation Standards19
Energy conservation standards for new residential and nonresidential buildings were adopted by
the California Energy Resources Conservation and Development Commission (now the California
Energy Commission) in June 1977 and are updated every three years (Title 24, Part 6, of the CCR).
Title 24 requires the design of building shells and building components to conserve energy. The
standards are updated periodically to allow for consideration and possible incorporation of new
energy efficiency technologies and methods. On June 10, 2015, the California Energy Commission
(CEC) adopted the 2016 Building Energy Efficiency Standards, which went into effect on
January 1, 2017. On May 9, 2018, the CEC adopted the 2019 Building Energy Efficiency Standards,
which took effect on January 1, 2020.
The 2019 Standards improve upon the 2016 Standards. Under the 2019 Title 24 standards,
residential buildings are expected to be about seven percent more energy-efficient and
nonresidential buildings will use about 30 percent less energy due mainly to lighting upgrades.
(a) Result in potentially significant environmental impact due to wasteful, inefficient, or
unnecessary consumption of energy resources, during Project construction or operation?
Electricity
Less than Significant. SCE provides electricity to the Project area, including the school, residential
and industrial uses. Project implementation would result in an increase in electricity consumption
over existing conditions. Based on the CalEEMod emissions modeling, the Project would have an
annual demand of 1,968,234-kilowatt hours (kWh) (1.968234 Gigawatt hours [GWh]). In 2018,
19 The emissions model uses 2016 building code energy consumption rates. The project would be subject to the 2019 code. The
adjustments are incorporated in the mitigation module of CalEEMod to meet current regulatory standards. As these are
adjustments to be consistent with current code requirements, they are not mitigation or design features.
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the County consumed 15,323 GWh and SCE consumed 83,400 GWh.20 The Project’s increased
demand represents approximately 0.012 percent of electricity consumption the County and
0.0024 percent of SCE’s consumption. Therefore, the Project’s increased demand is expected to
be adequately served by the existing SCE electrical facilities. Total electricity demand in SCE’s
service area is forecast to increase by approximately 23,000 Gigawatt hour s (GWh)—between
2019 and 2035.21 The increase in electricity demand from the Project would represent an
insignificant percent increase (i.e., less than a fraction of one percent) compared to overall
demand in SCE’s service area. Therefore, projected electrical demand would not significantly
impact SCE’s level of service.
It should also be noted that the Project design and materials would be required to comply with
the 2019 Building Energy Efficiency Standards, which took effect on January 1, 2020. Prior to
issuance of a building permit, the City of San Bernardino would review and verify that the Project
plans demonstrate compliance with the current version of the Building and Energy Efficiency
Standards. The Project would also be required to adhere to the pro visions of CALGreen, which
establishes planning and design standards for sustainable site development, energy efficiency (in
excess of the California Energy Code requirements), water conservation, material conservation,
and internal air contaminants.
Some design features include high-efficiency wall assemblies and windows to reduce heating and
cooling loads; Energy Star appliances; high-efficiency heating and cooling systems; high efficiency
domestic hot water systems; and high-efficiency light-emitting diode (LED) lighting in educational
units, common areas, and landscape design. Project development would not interfere with
achievement of the 60 percent Renewable Portfolio Standard set forth in SB 100 for 2030 or the
100 percent standard for 2045. These goals apply to SCE and other electricity retailers.
Renewable energy is generally defined as energy that comes from resources which are naturally
replenished within a human timescale such as sunlight, wind, tides, waves, and geothermal heat.
As electricity retailers reach these goals, end-user non-renewable electricity use would decrease
from current estimates. The Project would also be required to comply with the latest applicable
building energy efficiency standards, which would minimize building energy cons umption.
Natural Gas
SoCalGas provides natural gas service to the Project area. The increased demand is expected to
be adequately served by the existing SoCalGas facilities. From 2018 to 2035, natural gas demand
is expected to decline from 236 billion cubic feet (bcf) (2.36 billion therms) to 186 Bcf, (1.90 billion
therms), while supplies remain constant at 3.775 billion cubic feet per day (bcfd) (0.04 billion
20 California Energy Commission, California Energy Consumption Database. Available at https://ecdms.energy.ca.gov/, accessed
on December 19, 2019.
21 State of California Energy Commission. 2018. California Energy Demand 2018-2030 Revised Forecast -
Figure 49: Historical and Projected Baseline Consumption, SCE Planning Area .
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therms per day) from 2015 through 2035. Based on the CalEEMod emissions modeling, the
Project would have an annual demand of 406,534 kBTU (4,065.34 million therms) of natural gas.
In 2018, the County consumed 500 million therms and SoCalGas consumed 5,156 million therms
of natural gas.22 The Project’s increased demand represents approximately 0.081 perc ent of
natural gas consumption the County and 0.0079 percent of So CalGas’ consumption. Therefore,
the natural gas demand from the proposed Project would represent a nominal percentage of
overall demand in SoCalGas’ service area. The proposed Project would not result in a significant
impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during
Project construction or operation.
Fuel
During construction, transportation energy use depends on the type and number of trips, vehicl e
miles traveled, fuel efficiency of vehicles, and travel mode. Transportation energy use during
construction would come from the transport and use of construction equipment, delivery
vehicles and haul trucks, and construction employee vehicles that would use diesel fuel and/or
gasoline. The use of energy resources by these vehicles would fluctuate according to the phase
of construction and would be temporary. In total construction of the Project would use
approximately 91,611 gallons of diesel fuel and 26,348 gallons of gasoline which is less than 0.1
percent of the fuel used in San Bernardino. Most construction equipment during demolition and
grading would be gas-powered or diesel-powered, and the later construction phases would
require electricity-powered equipment. Based on the total Project’s relatively low construction
fuel use proportional to annual County use, the Project would not substantially affect existing
energy fuel supplies or resources. New capacity or additional sources of construction fuel are not
anticipated to be required.
Furthermore, there are no unusual characteristics that would necessitate the use of construction
equipment that would be less energy-efficient than at comparable construction sites in the
region or state. In addition, some energy conservation would occur during construction through
compliance with state requirements that equipment not in use for more than five minutes be
turned off. Project construction equipment would also be required to comply with the latest EPA
and CARB engine emissions standards. These engines use highly efficient combustion engines to
minimize unnecessary fuel use. Impacts related to transportation energy use during construction
would not require expanded energy supplies or the construction of new infrastructure; impacts
would not be significant.
During Project operations, energy consumption would be associated with employee vehicle trips;
delivery and supply trucks; and trips by maintenance and repair crews. The Project will be located
22 California Energy Commission, California Energy Consumption Database. Available at https://ecdms.energy.ca.gov/, accessed
on October 17, 2019.
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near I-215 and I-10, reducing the need to drive long distances to a major highway, and adjacent
to existing residential development. Based on the Project’s vehicle trip generation and emissions
modeled in CalEEMod, the Project would consume approximately 599,773 gallons of gasoline per
year. In 2018, the non-desert portion of the County consumed 652,840,890 gallons of gasoline.
The Project’s increased demand represents approximately 0.09 percent of gasoline consumption
the non-desert portion of the County. Therefore, the gasoline demand from the proposed Project
would represent a nominal percentage of overall consumption in the region (i.e., less than a
fraction of one percent). Consequently, the proposed Project would not result in a substantial
demand for energy that would require expanded supplies or the construction of other
infrastructure or expansion of existing facilities. Project operations would comply with all
applicable fuel efficiency standards and would not substantially affect existing fuel supplies or
resources. Therefore, fuel consumption associated with vehicle trips generated by the proposed
Project would not be considered inefficient, wasteful, or unnecessary.
The proposed Project would not result in wasteful, inefficient, or unnecessary consumption of
energy resources. Impacts are less than significant, and no mitigation is required.
(b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
No impact. Currently, there are no adopted local or regional GHG reduction plans applicable to
the proposed Project. Project design and operation would comply with State Building Energy
Efficiency Standards, appliance efficiency regulations, and green building standards. Project
development would not cause inefficient, wasteful and unnecessary energy consumption, and
no impact would occur.
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Geology and Soils
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
7. GEOLOGY AND SOILS. Would the project:
a) Directly or indirectly cause potential substantial adverse
effects, including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area or based on other substantial evidence of a
known fault?
X
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including
liquefaction?
X
iv) Landslides? X
b) Result in substantial soil erosion or the loss of topsoil? X
c) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
X
d) Be located on expansive soil, as defined in Table 18-1-B of
the Uniform Building Code (1994), creating substantial
direct or indirect risks to life or property?
X
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
water?
X
f) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
X
A Geotechnical Investigation has been prepared by Southern California Geotechnical, dated
December 19, 2019. The Geotechnical Investigation was used as a resource in completing this
section. The report is available in Appendix D to this IS/MND.
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Seismicity and Seismic Hazards
The City of San Bernardino is traversed by major earthquake fault lines and flood channels, which
must be considered in new developments and design standards.23 The Project is in the southern
California region, which is prone to ground shaking. All Project components would be constructed
to the more recent California Building Code (CBC) standards and would be designed in
conformance with all applicable standards to resist the harmful effect of seismic ground shaking.
The San Andreas Earthquake Fault Zone traverses the City in a northwest to southeast fashion,
following the foothills along the northern edge of the City and approximately 7.0 miles north of
the Project site. The San Jacinto and Loma Linda Earthquake Fault Zones further traverse the City,
also in a northwest to southeast fashion, through the lower middle and southern portions of the
City and approximately 2.0 miles southwest and south of the Project site, respectively.
Earthquake-Induced Liquefaction, Surface Rupture Potential, and Settlement
Liquefaction is the sudden loss of soil shear strength and sudden increase in porewater pressure
caused by shear strains, as could result from an earthquake. Research has shown that saturated,
loose to medium dense sands with a silt content less than about 25 percent and located within
the top 40 feet are most susceptible to liquefaction and surface rupture/lateral spreading. These
zones delineate regional susceptibility and can vary greatly due to groundwater level changes.
Site-specific geotechnical reports are necessary to determine site-specific liquefaction potential
and possible design mitigation. Section 15.08 Liquefaction, of the City MC requires that a
Registered Civil Engineer prepare a report and include mitigation measures for the proposed
Project. Measures included to address liquefaction can include wider foundations, over -
excavation, and structural changes to the building(s). While the exact measures are dependent
upon final building design that will not be known until the buildin g permit application, the
liquefaction report is a requirement of the City’s MC, and as it is a standard regulatory measure,
it is not necessary to include this requirement as a mitigation measure.
(a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss,
injury or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist‐Priolo
Earthquake Fault Zoning Map issued by the State Geologist for the area or based on
other substantial evidence of a known fault?
Less than Significant. The City is located between several active fault zones including the San
Andreas Fault, the San Jacinto Fault, and the Loma Linda Fault. The Project site is not in an Alquist-
Priolo Fault Zone.24 Because southern California is an active fault zone, all structures are subject
23 City of San Bernardino. 2005. General Plan, Safety Element - Figure S-4, page 10-21. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, accessed December 19, 2019.
24 SoCalGeo. December 19, 2019. Geotechnical Investigation, Page 14.
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to adherence to all applicable regulations in the 2019 CBC. With adherence to the latest CBC, the
latest California seismic design requirements will be included in the building design and inspected
by the City during construction, therefore impacts would be less than significant.
ii) Strong seismic ground shaking?
Less than Significant Impact. The Project site is in an area of high regional seismicity. Ground
shaking originating from earthquakes along active faults in the region is expected to induce lower
horizontal accelerations due to smaller anticipated earthquakes and/or greater distances to
other faults. The Project would be required to be in conformance with the most recently
published CBC, City regulations, and other applicable standards. The CBC design standards
correspond to the level of seismic risk in each location and are intended primarily to protect
public safety and secondly to minimize property damage. Conformance with standard
engineering practices and design criteria established in the 2019 CBC, would reduce the effects
of seismic groundshaking to a less than significant level.
iii) Seismic‐related ground failure, including liquefaction ?
Less than Significant. According to the City’s General Plan Figure S-5, Liquefaction Susceptibility,
the Project site is in a general area designated as an Area of High Liquefaction Susceptibility
(AHLS). The Project would be required to be in conformance with the latest CBC seismic design
parameters, and Municipal Code Section 15.08 Liquefaction, applied at the building permit
application and plan check phase of the Project. As the Municipal Code requires preparation of a
liquefaction report as part of the building permit process, and the City ensures compliance with
the recommendation of that report as part of the plan check and building inspection process .
Based on geotechnical analysis, the proposed Project is considered feasible to support the
proposed structure on shallow foundations. Such a foundation system can be designed to resist
the effects of the anticipated differential settlements, to the extent that the structure would not
catastrophically fail. In order to support the proposed structure on shallow foundations (such as
spread footings) the structural engineer should verify that the structure would not
catastrophically fail due to the predicted dynamic differential settlements.25
The 2019 CBC requires that a site-specific ground motion study be performed in accordance with
§11.4.8 of American Society of Civil Engineers (ASCE) 7-16 for Site Class D sites with a mapped S1
value greater than 0.2. Consistent with the 2019 CBC requirements, a liquefaction evaluation has
been made a condition of approval (COA) for the Project. Based on the geotechnical study
conclusion, no mitigation is required and this impact is less than significant .
25 SoCalGeo. December 19, 2019. Geotechnical Investigation, page 14.
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iv) Landslides?
No Impact. The Project site is relatively flat and is not within an area susceptible to landslides .26
Therefore, there would be no impact from landslides on the proposed Project site.
(b) Result in substantial soil erosion or the loss of topsoil?
Less than Significant. The City of San Bernardino has 22 soil series and two soil types. Delhi fine
sand and Tujunga loamy sand are both susceptible to wind erosion if left exposed: Cienaba sandy
loam, Friant rock outcrop, Greenfield sandy loam, and Saugus sandy loam are susceptible to
water erosion. The Project site is composed of mostly Hanford coarse sandy loam and Tujunga
gravelly loamy sand. Grading has the potential to expose soils that would be subject to erosion
by wind and water.27
The following General Plan policies require measures to mitigate any potential runoff and
erosion:
Policy 9.4.10: Ensure compliance with the Federal Clean Water Act requirements for
National Pollutant Discharge Elimination System (NPDES) permits,
including requiring the development of Water Quality Management Plans,
Erosion and Sediment Control Plans, and Storm Water Pollution
Prevention Plans for all qualifying public and private development and
significant redevelopment in the City.
Policy 9.4.11: Implement an urban runoff reduction program consistent with regional
and federal requirements, which includes requiring and encouraging the
following examples of Best Management Practices (BMPs) in all
developments:
• Increase permeable areas, utilize pervious materials, install filtration
controls (including grass-lined swales and gravel beds), and divert flow
to these permeable areas to allow more percolation of runoff into the
ground;
• Replanting and hydroseeding of native vegetation to reduce slope
erosion, filter runoff, and provide habitat;
• Use of porous pavement systems with an underlying stone reservoir in
parking areas;
26 General Plan. 2005. Geology and Soils, Figure S-7.
27 Natural Resources Conservation Resource. 2020. Web Soil Survey. Available at
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx, accessed January 29, 2019.
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• Use natural drainage, detention ponds, or infiltration pits to collect and
filter runoff;
• Prevent rainfall from entering material and waste storage areas and
pollution-laden surfaces; and
• Require new development and significant redevelopment to utilize site
preparation, grading, and other BMPs that provide erosion and
sediment control to prevent construction-related contaminants from
leaving the site and polluting waterways.
Policy 10.5.4: Require new development and significant redevelopment to utilize site
preparation, grading and foundation designs that provide erosion control
to prevent sedimentation and contamination of waterways.
Additionally, the Project would be subject to comply with applicable provisions of State Law,
including §15.04.210 of the CBC, Appendix J, §J112 – Grading Operations, which includes the
following provisions:
Section J112.1 General. “All parties performing grading operations, under a grading permit issued
by the Building Official, shall have verification of land use entitlement and shall take reasonable
preventive measures, as directed by the Building Official and incorporated into the Grading Policy
promulgated by the Community Development Department, to avoid earth or ot her materials
from the premises being deposited onto adjacent streets or properties, by the action of storm
waters or wind, by spillage from conveyance vehicles or by other causes.”
Section J112.2 Removal of Materials Within 24 Hours. “Earth or other materials which are
deposited on adjacent streets or properties shall be completel y removed by the permittee as
soon as practicable, but in any event within 24 hours after receipt of written notice from the
Building Official, or NPDES Coordinator, or their des ignees, to remove the earth or materials, or
within such additional time as may be allowed by written notice.”
Section J112.3 Noncompliance. “In the event that any party performing grading shall fail to
comply with the requirements of this Section, the Building Official shall have the authority to
engage the services of a contractor to remove the earth or other materials. All charges incurred
for the services of the contractor shall be paid to the City by the permittee prior to acceptance
of the grading.”
With adherence to the above-stated policies, BMPs, NPDES permits, State Law, and the Regional
Water Quality Control Board (RWQCB) General Construction Permit, which requires the
implementation of a variety of BMPs on construction and operation of the Proje ct, this would
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minimize potential erosion from the site over the short- and long‐term resulting in a less than
significant impact. 28
(c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a
result of the project, and potentially result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
Less than Significant. As previously stated in Threshold 7 a(iii), the Project site is located within
an area identified as AHLS.29 As most of the City of San Bernardino, the Project site is located in
an area identified as being within an area of potential ground subsidence which can be caused
by natural geologic processes or by human activity such as subsurface mining or pumping of
groundwater or oil. 30 However, subsidence resulting from groundwater withdrawal has not been
reported in the region since the San Bernardino Municipal Water District (SBMWD) launched the
groundwater recharge program. As discussed previously, the Project site is relatively flat and is
not located within an area susceptible to landslides. The proposed Project is not identified to be
located within areas prone to landslides or lateral spreading. Nevertheless, the Project would be
required to be in conformance with the most recently published CBC and City regulations.
Conformance with standard engineering practices and design criteria would reduce the effects
of unstable soils to a less than significant level.
(d) Be located on expansive soil, as defined in Table 18‐1‐B of the Uniform Building Code (1994),
creating substantial direct or indirect risks to life or property?
Less than Significant. When certain soil types are exposed to water, mainly those with moderate
to high clay content, they can deform and either shrink or swell, depending on their particular
physical characteristics. Such soils can expose overlying buildings to differential settlement and
other structural damage. According to the Natural Resources Conservation Service (NRCS) Web
Soil Survey, the site is composed of Hanford coarse sandy loam and Tujunga grangeville loamy
sand, which have moderate to high infiltration rates which has low shrink-swell or expansion
characteristics.31 Furthermore, the proposed Project would be required to be in conformance
with the most recently published CBC and the geotechnical report prepared for the Project.
Conformance with standard engineering practices and design criteria, such as modified
foundations or over-excavation and soil modification, would reduce the potential for substantial
risks to life or property as a result of expansive soils to a minimal level and the associated impacts
would be less than significant.
28 Thienes Engineering. November 2019. Water Quality Management Plan, Form 5-1 BMP Inspection and Maintenance.
29 General Plan. 2005. Figure S-5, Liquefaction Susceptibility.
30 General Plan. 2005. Figure S-6, Potential Subsidence Areas.
31 NRCS. 2019. Web Soil Survey. Available at https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx, accessed
December 20, 2019.
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(e) Soil capability to support waste water disposal, including septic tanks or alternative waste
water disposal systems where sewers are not available for the disposal of waste water?
No Impact. The proposed Project would connect to the City’s sewer collection system, which
provides service to the surrounding vicinity and would not require an alternative m ethod of
wastewater conveyance. The project does not propose a septic tank system. Therefore, no
impacts associated with septic or alternative wastewater disposal systems would occur.
(f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic
feature?
Less than Significant with Mitigation. As Cultural Resources Assessment was conducted for the
Project site to determine if paleontological resources exist within the Project boundaries.
According to the Cultural Resources Assessment, the entirety of the Project site has been subject
to ground disturbance. However, the Western Science Center (WSC) determined that the Project
site is of high paleontological sensitivity (see Appendix C, Paleontological Resources Assessment
to the Cultural Resources Assessment IS/MND also available as Appendix C). The paleontological
sensitivity of the area indicates that any fossils recovered from the Project area could be
scientifically significant. Excavation activity associated with development of the Project area
would impact the paleontologically sensitive Late Pleistocene and Holocene units. Therefore,
MM GEO-1 requires paleontological resource monitoring to recover fossil resources should then
be discovered during the site construction.
Mitigation Measure:
MM GEO-1 Paleontological Resources. Any deep excavations (i.e., over 5 feet in depth) in the
proposed Project area must be monitored by a qualified paleontologist. In the
event of an inadvertent discovery, the following measures shall apply:
1) Upon discovery of an unearthed fossil, earthwork within the vi cinity of the
discovery shall immediately halt, and a qualified paleontologist should evaluate
the discovery. Earthwork shall be diverted until the significance of the fossil
discovery can be assessed by the qualified paleontologist.
2) If the fossil discovery is deemed significant, the fossil shall be recovered using
appropriate recovery techniques based on the type, size, and mode of
preservation of the unearthed fossil.
3) Earthwork may resume in the area of the fossil discovery once the fossil has
been recovered, and the qualified paleontologist deems the site has been
mitigated to the extent necessary. Additional earthwork following the fossil
discovery may be monitored for paleontological resources on an as-needed
basis, at the discretion of the qualified paleontologist.
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4) Recovered fossils shall be prepared, identified, catalogued, and stored in a
recognized professional repository along with associated field notes,
photographs, and compiled fossil locality data. For projects in San Bernardino
County the recommended designated repository is the San Bernardino County
Museum. Donation of the fossils should be accompanied by financial support
for initial specimen curation and storage.
5) A final summary report should be completed that outlines the results of the
mitigation program. This report should include discussions of the methods
used, stratigraphic section(s) exposed, fossils collected, and significance of
recovered fossils. This report shall be submitted to appropriate agencies (e.g.,
project proponent, City of San Bernardino), as well as to the designated
repository.
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Greenhouse Gas Emissions
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
8. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment?
X
b) Conflict with applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of greenhouse
gases?
X
(a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant
impact on the environment?
Less than Significant.
Background
Gases that trap heat in the atmosphere are called greenhouse gases (GHGs). The major concern
with GHGs is that increases in their concentrations are causing global climate change. Global
climate change is a change in the average weather on Earth that can b e measured by wind
patterns, storms, precipitation, and temperature. Although there is disagreement as to the rate
of global climate change and the extent of the impacts attributable to human activities, most in
the scientific community agree that there is a direct link between increased emissions of GHGs
and long-term global temperature increases.
The principal GHGs are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur
hexafluoride (SF6), perfluorocarbons (PFCs), and hydrofluorocarbons (HFCs). Because different
GHGs have different warming potential and CO2 is the most common reference gas for climate
change, GHG emissions are often quantified and reported as CO2 equivalents (CO2e)32. For
example, SF6 is a GHG commonly used in the utility industry as an insulating gas in circuit breakers
and other electronic equipment. SF6, while comprising a small fraction of the total GHGs emitted
annually world-wide, is a much more potent GHG with 22,800 times the global warming potential
as CO2. Therefore, an emission of one metric ton (MT) of SF6 could be reported as an emission of
22,800 MT of CO2e. Large emission sources are reported in million metric tons (MMT) of CO2e.
32 A carbon dioxide equivalent (CO2e) is a metric measure used to compare the emissions from various greenhouse gases based
upon their global warming potential.
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Regulations and Significance Criteria
California Governor Arnold Schwarzenegger issued Executive Order S-3-05 in June 2005, which
established the following GHG emission reduction targets: (a) by 2010: Reduce GHG emissions to
2000 levels; (b) by 2020: Reduce GHG emissions to 1990 levels; and (c), by 2050: Reduce GHG
emissions to 80 percent below 1990 levels.
AB 32 Statutes of 2006, Health and Safety Code Section 38500 et seq. require that CARB
determine what the Statewide GHG emissions level was in 1990 and approve a Statewide GHG
emissions limit that is equivalent to that level, to be achieved by 2020. CARB has approved a 2020
emissions limit of 427 million metric tons of CO2 equivalent (MTCO2e).
Executive Order B-30-15, which was issued in April 2015, requires statewide GHG emissions to
be reduced 40 percent below 1990 levels by 2030. SB 32 (SB 32), signed into law in September
2016, codifies the 2030 GHG reduction target in Executive Order B-30-15. SB 32 authorizes CARB
to adopt an interim GHG emissions level target to be achieved by 2030 and to adopt rules and
regulations in an open public process to achieve the maximum, technologically feasible, and cost-
effective GHG reductions. With SB 32, the California Legislature passed companion legislation AB
197, which provided additional direction for developing an updated Scoping Plan. CARB released
the second update to the Scoping Plan to reflect the 2030 target set by Executive Order B-30-15
and codified by SB 32 in November 2017.
Additionally, signed into law in September 2018, SB 100 increased California’s renewable
electricity portfolio from 50 to 60 percent by 2030. SB 100 also established a further goal to have
an electric grid that is entirely powered by clean energy by 2045.
Due to the nature of global climate change, it is not anticipated that any single development
project would have a substantial effect on global climate change. GHG emissions f rom the
proposed project would combine with emissions emitted across California, the United States, and
the world to cumulatively contribute to global climate change.
Addressing GHG emissions generation impacts requires an agency to determine what constitutes
a significant impact. The CEQA Guidelines specifically allow lead agencies to determine
thresholds of significance that illustrate the extent of an impact and are a basis from whi ch to
apply mitigation measures. This means that each agency is left to d etermine whether a project’s
GHG emissions would have a “significant” impact on the environment. The guidelines direct that
agencies are to use “careful judgment” and “make a good -faith effort, based to the extent
possible on scientific and factual data, to describe, calculate or estimate” the project’s GHG
emissions (14 CRC § 15064.4(a)).
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The South Coast Air Quality Management District (SCAQMD) formed a GHG California
Environmental Quality Act (CEQA) Significance Threshold Working Group to provide guidance to
local lead agencies on determining significance for GHG emissions in their CEQA documents. As
of the last Working Group meeting (Meeting 15) held in September 2010, the SCAQMD is
proposing to adopt a tiered approach for evaluating GHG emissions for development projects
where SCAQMD is not the lead agency.
With the tiered approach, a project is compared with the requirements of each tier sequentially
and would not result in a significant impact if it complies with any tier. Tier 1 excludes projects
that are specifically exempt from SB 97 from resulting in a significant impact. Tier 2 excludes
projects that are consistent with a GHG reduction plan that has a certified final CEQA document
and complies with AB 32 GHG reduction goals. Tier 3 excludes projects with annual emissions
lower than a screening threshold. The SCAQMD is proposing a screening threshold of 10,000
metric tons of CO2e (MTCO2e) per year for industrial projects and 3,000 MTCO2e for non-
industrial projects. SCAQMD concluded that projects with emissions less than the screening
threshold would not result in a significant cumulative impact. Tier 4 consists of three decision
tree options. Under the Tier 4 first option, SCAQMD initially outlined that a project would be
excluded if design features or mitigation measures resulted in emissions 30 percent lower than
business as usual emissions. However, the Working Group did not provide a recommendation for
this approach. The Working Group folded the Tier 4 second option into the third option. Under
the Tier 4 third option, a project would be excluded if it was below an efficiency-based threshold
of 4.8 MTCO2e per service population per year or 3.0 MTCO2e per service population per year for
projects opening after 2020. Tier 5 would exclude projects that implement off-site mitigation
(GHG reduction projects) or purchase offsets to reduce GHG emission impacts to less than the
proposed screening level.
As the project involves the construction of a new warehouse, the 10,000 MTCO 2e per year
industrial screening threshold has been selected as the significance threshold, as it is most
applicable to the proposed project. This threshold is selected because the prop osed project is
analogous to an industrial use much more closely than any other land use such as commercial or
residential in terms of its expected operating characteristics. Typical industrial zoned areas
include storage facilities, warehouses, plants, an d airports, while commercial land uses are
generally designated as businesses that have some kind of interaction with the public and
typically include offices, retail stores, hotels, or restaurants.
Table 10, Construction GHG Emissions and Table 11, Operational GHG Emissions shows Project-
related GHG emissions. Table 12 shows that the Project would not exceed the Tier 3 (10,000
MTCO2e) screening threshold. Project-related GHG emissions typically include emission from
construction and operational activities. Construction of the Project would result in direct
emissions of CO2, N2O, and CH4 from the operation of construction equipment. Transportation of
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materials and construction workers to and from the Project site would also result in GHG
emissions. Construction activities would be short-term in duration and would cease upon Project
completion.
Table 10: Construction GHG Emissions
Construction CO2e Emissions, metric tons/year
Total (Years 1 and 2) 1,161
Emissions amortized over 30 years 39
Source: CalEEMod version 2016.3.2. Refer to Appendix A for model outputs.
Table 11: Operational GHG Emissions
Emissions Source CO2e Emissions, metric tons/year
Existing Site
Total 5,899
Proposed Project
Area 0.02
Energy 480
Mobile 5,284
Offroad 296
Waste 221
Water 474
Subtotal Total 6,755
Amortized Construction Emissions 39
Total Annual Project GHG Emissions 6,794
Net GHG Emissions 895
Threshold 10,000
Exceeds Threshold? No
Source: CalEEMod version 2016.3.2. Refer to Appendix A for model outputs.
Note: Total values are from CalEEMod and may not add up 100% due to rounding.
Operation of the proposed Project would result in GHG emissions from mobile and operational
sources. Mobile sources including vehicle and heavy truck trips to and from the Project site would
result primarily in emissions of CO2 with minor emissions of CH4 and N2O. Electricity usage by the
Project and indirect usage of electricity for water and wastewater conveyance would result
primarily in CO2 emissions. Disposal of solid waste would result in emissions of methane from the
decomposition of waste at landfills coupled with CO2 emission from the handling and transport
of solid waste. These sources combine to define the long-term GHG emissions for the build-out
of the proposed Project. As shown in Table 11, Project-related GHG emissions are below the
proposed GHG significance threshold for industrial land use projects; therefore, impacts are less
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than significant. Most of the GHG emissions are from off-site mobile sources and indirect electric
power generation.
(b) Conflict with applicable plan, policy or regulation adopted for the purpose of reducing the
emissions of greenhouse gases?
Less than Significant.
SCAQMD Consistency
The SCAQMD supports State, federal, and international policies to reduce levels of ozone -
depleting gases through its Global Warming Policy and rules, and the prop osed Project would
comply with the SCAQMD’s interim GHG threshold. The proposed Project would comply with the
City’s General Plan policies and State Building Code provisions designed to reduce GHG
emissions. In addition, the proposed Project would comply with all SCAQMD applicable rules and
regulations during construction of the operational phase. As indicated above, Project emissions
would not exceed the post-2020 service population threshold, and therefore it would not
interfere with the State’s goals of reducing GHG emission to 1990 levels by the year 2020 as
stated in AB 32 and an 80 percent reduction in GHG emissions below 1990 levels by 2050 as
stated in Executive Order S-3-05. Therefore, the proposed Project would have a less than
significant impact on GHG emissions.
SCAG RTP/SCS Consistency
On May 7, 2020, SCAG’s Regional Council adopted Connect SoCal (2020 - 2045 Regional
Transportation Plan/Sustainable Communities Strategy [2020 RTP/SCS]) for f ederal
transportation conformity purposes only. In light of the COVID-19 pandemic, the Regional Council
will consider approval of Connect SoCal in its entirety and for all other purposes within 120 days
from May 7, 2020. As such, the 2016 RTP/SCS is still the regional plan most applicable to the
proposed Project. On April 7, 2016, the Southern California Association of Governments (SCAG)
Regional Council adopted the 2016-2040 Regional Transportation Plan/ Sustainable Communities
Strategy (RTP/SCS). The RTP/SCS is a long-range visioning plan that balances future mobility and
housing needs with economic, environmental, and public health goals. The RTP/SCS embodies a
collective vision for the region’s future and is developed with input from local governments,
county transportation commissions, tribal governments, nonprofit organizations, businesses,
and local stakeholders in the counties of Imperial, Los Angeles, Orange, Riverside, San
Bernardino, and Ventura. SCAG’s RTP/SCS establishes GHG emissions goals for automobiles and
light-duty trucks for 2020 and 2035 as well as an overall GHG target for the Project region
consistent with both the target date of AB 32 and the post-2020 GHG reduction goals of Executive
Orders 5-03-05 and B-30-15.
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The RTP/SCS contains over 4,000 transportation projects, ranging from highway improvements,
railroad grade separations, bicycle lanes, new transit hubs and replacement bridges. These future
investments were included in county plans developed by the six county transportation
commissions and seek to reduce traffic bottlenecks, improve the efficiency of the region’s
network, and expand mobility choices for everyone. The RTP/SCS is an important planning
document for the region, allowing project sponsors to qualify for federal funding.
The plan accounts for operations and maintenance costs to ensure reliability, longevity, and cost
effectiveness. The RTP/SCS is also supported by a combination of transportation and land use
strategies that help the region achieve state GHG emissions reduction goals and Federal Clean
Air Act (FCAA) requirements, preserve open space areas, improve public health and roadway
safety, support our vital goods movement industry, and utilize resources more efficiently. GHG
emissions resulting from development-related mobile sources are the most potent source of
emissions, and therefore Project comparison to the RTP/SCS is an appropriate indicator of
whether the Project would inhibit the post-2020 GHG reduction goals promulgated by the state.
The Project’s consistency with the RTP/SCS goals is analyzed in detail in Table 12, Regional
Transportation Plan/Sustainable Communities Strategy Consistency.
Table 12: Regional Transportation Plan/Sustainable Communities Strategy Consistency
SCAG Goals Compliance
GOAL 1: Align the plan investments and policies with
improving regional economic development
and competitiveness.
N/A: This is not a project-specific policy and is therefore
not applicable.
GOAL 2: Maximize mobility and accessibility for all
people and goods in the region.
Consistent: Although this Project is not a transportation
improvement project, the Project includes roadway
improvements along the property frontage of Foisy
Street and Central Avenue to improve the mobility
and accessibility of the site.
GOAL 3: Ensure travel safety and reliability for
all people and goods in the region.
N/A: This is not a transportation improvement
project and is therefore not applicable.
GOAL 4: Preserve and ensure a sustainable
regional transportation system.
N/A: This is not a transportation improvement
project and is therefore not applicable.
GOAL 5: Maximize the productivity of our
transportation system.
N/A: This is not a transportation improvement
project and is therefore not applicable.
GOAL 6: Protect the environment and health of
our residents by improving air quality
and encouraging active transportation
(e.g. bicycling and walking).
N/A: This is not a project‐specific policy. However,
the Project would not exceed any air quality
thresholds. Class I bicycle facilities are planned
at the Santa Ana River Trail located
approximately 0.6-miles west of the Project
site. Class II bicycle facilities are planned along
Tippecanoe Avenue, Mill Street, and Orange
Show Road, located approximately 0.4 to 0.8-
miles north, south and east of the Project site.
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SCAG Goals Compliance
GOAL 7: Actively encourage and create
incentives for energy efficiency, where
possible.
N/A: This is not a project-specific policy and is
therefore not applicable. However, the Project
is required to comply with the provisions of the
California Building Energy Efficiency Standards
and the Green Building Standards Code
(CALGreen).
GOAL 8: Encourage land use and growth
patterns that facilitate transit as well as
non-motorized transportation.
Consistent: The Project is located within approximately 900
feet of local bus routes.
GOAL 9: Maximize security of transportation
system through improved system
monitoring, rapid recovery planning,
and coordination with other security
agencies.
N/A: This is not a transportation improvement
project and is therefore not applicable.
Source: Southern California Association of Governments, Regional Transportation Plan/Sustainable Communities Strategy, 2016.
The goals stated in the RTP/SCS were used to determine consistency with the planning efforts
previously stated. As shown in Table 12, the proposed Project would be consistent with the stated
goals of the RTP/SCS. Therefore, the proposed Project would not result in any significant impacts
or interfere with SCAG’s ability to achieve the region’s post-2020 mobile source GHG reduction
targets.
Consistency with the CARB Scoping Plan
The California State Legislature adopted AB 32 in 2006. AB 32 focuses on reducing GHGs (CO 2,
CH4, NOX, HFCs, PFCs, and SF6) to 1990 levels by the year 2020. Pursuant to the requirements in
AB 32, CARB adopted the Climate Change Scoping Plan (Scoping Plan) in 2008, which outlines
actions recommended to obtain that goal. The Scoping Plan provides a range of GHG reduction
actions that include direct regulations, alternative compliance mechanisms, monetary and non -
monetary incentives, voluntary actions, market-based mechanisms such as the cap-and-trade
program, and an AB 32 implementation fee to fund the program. The 2017 Scoping Plan Update
identifies additional GHG reduction measures necessary to achieve the 2030 target. T hese
measures build upon those identified in the first update to the Scoping Plan in 2013. Although a
number of these measures are currently established as poli cies and measures, some measures
have not yet been formally proposed or adopted. It is expected that these actions to reduce GHG
emissions will be adopted as required to achieve statewide GHG emissions targets.
As shown in Table 13, Project Consistency with Applicable CARB Scoping Plan Measures, the
Project is consistent with most of the strategies, while others are not applicable to the Project.
As such, impacts related to consistency with the Scoping Plan would be less than significant.
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Table 13: Project Consistency with Applicable CARB Scoping Plan Measures
Scoping Plan
Sector
Scoping Plan
Measure
Implementing
Regulations Project Consistency
Transportation California Cap-and-
Trade Program
Linked to Western
Climate Initiative
Regulation for the
California Cap on
GHG Emissions and
Market-Based
Compliance
Mechanism October
20, 2015 (CCR
95800)
Consistent. The Cap-and-Trade Program
applies to large industrial sources such as
power plants, refineries, and cement
manufacturers. However, the regulation
indirectly affects people who use the products
and services produced by these industrial
sources when increased cost of products or
services (such as electricity and fuel) are
transferred to the consumers. The Cap-and-
Trade Program covers the GHG emissions
associated with electricity consumed in
California, generated in-state or imported.
Accordingly, GHG emissions associated with
CEQA projects’ electricity usage are covered by
the Cap-and-Trade Program. The Cap-and-
Trade Program also covers fuel suppliers
(natural gas and propane fuel providers and
transportation fuel providers) to address
emissions from such fuels and combustion of
other fossil fuels not directly covered at large
sources in the Program’s first compliance
period.
California Light-Duty
Vehicle GHG
Standards
Pavley I 2005
Regulations to
Control GHG
Emissions from
Motor Vehicles
Pavley I 2005
Regulations to
Control GHG
Emissions from
Motor Vehicles
Consistent. This measure applies to all new
vehicles starting with model year 2012. The
Project would not conflict with its
implementation as it would apply to all new
passenger vehicles purchased in California.
Passenger vehicles, model year 2012 and later,
associated with construction and operation of
the Project would be required to comply with
the Pavley emissions standards.
2012 LEV III
California GHG and
Criteria Pollutant
Exhaust and
Evaporative
Emission Standards
Consistent. The LEV III amendments provide
reductions from new vehicles sold in California
between 2017 and 2025. Passenger vehicles
associated with the site would comply with LEV
III standards.
Low Carbon Fuel
Standard
2009 readopted in
2015. Regulations to
Achieve GHG
Emission Reductions
Subarticle 7. Low
Carbon Fuel
Standard CCR 95480
Consistent. This measure applies to
transportation fuels utilized by vehicles in
California. The Project would not conflict with
implementation of this measure. Motor
vehicles associated with construction and
operation of the Project would utilize low
carbon transportation fuels as required under
this measure.
Regional
Transportation-
Related GHG
Targets.
SB 375. Cal. Public
Resources Code §§
21155, 21155.1,
21155.2, 21159.28
Consistent. The Project would provide
development in the region that is consistent
with the growth projections in the RTP/SCS.
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Scoping Plan
Sector
Scoping Plan
Measure
Implementing
Regulations Project Consistency
Goods Movement Goods Movement
Action Plan January
2007
Not applicable. The Project does not propose
any changes to maritime, rail, or intermodal
facilities or forms of transportation.
Medium/Heavy-Duty
Vehicle
2010 Amendments
to the Truck and Bus
Regulation, the
Drayage Truck
Regulation and the
Tractor-Trailer GHG
Regulation
Consistent. This measure applies to medium
and heavy-duty vehicles that operate in the
state. The Project would not conflict with
implementation of this measure. Medium and
heavy-duty vehicles associated with
construction and operation of the Project
would be required to comply with the
requirements of this regulation.
High Speed Rail Funded under SB
862
Not applicable. This is a statewide measure
that is not applicable to the Project.
Electricity and
Natural Gas
Energy Efficiency Title 20 Appliance
Efficiency Regulation
Consistent. The Project would not conflict with
implementation of this measure. The Project
would comply with the latest energy efficiency
standards.
Title 24 Part 6
Energy Efficiency
Standards for
Residential and Non-
Residential Building
Title 24 Part 11
California Green
Building Code
Standards
Renewable Portfolio
Standard/Renewable
Electricity Standard.
2010 Regulation to
Implement the
Renewable
Electricity Standard
(33% 2020)
Consistent. The Project would obtain electricity
from the electric utility, Southern California
Edison (SCE). SCE obtained 36 percent of its
power supply from renewable sources in 2018.
Therefore, the utility would provide power
when needed on site that is composed of a
greater percentage of renewable sources.
Million Solar Roofs
Program
SB 350 Clean Energy
and Pollution
Reduction Act of
2015 (50% 2030)
Million Solar Roofs
Program
Tax Incentive
Program
Consistent. This measure is to increase solar
throughout California, which is being done by
various electricity providers and existing solar
programs. The program provides incentives
that are in place at the time of construction.
Water Water Title 24 Part 11
California Green
Building Code
Standards
Consistent. The Project would comply with the
CalGreen standards, which requires a 20
percent reduction in indoor water use.
SBX 7-7—The Water
Conservation Act of
2009
Model Water
Efficient Landscape
Ordinance
Green
Buildings
Green Building
Strategy
Title 24 Part 11
California Green
Consistent. The State is to increase the use of
green building practices. The Project would
implement required green building strategies
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Scoping Plan
Sector
Scoping Plan
Measure
Implementing
Regulations Project Consistency
Building Code
Standards
through existing regulation that requires the
Project to comply with various CalGreen
requirements. The Project includes
sustainability design features that support the
Green Building Strategy.
Industry Industrial Emissions 2010 CARB
Mandatory
Reporting
Regulation
Not applicable. The Mandatory Reporting
Regulation requires facilities and entities with
more than 10,000 MTCO2e of combustion and
process emissions, all facilities belonging to
certain industries, and all electric power
entities to submit an annual GHG emissions
data report directly to CARB. As shown above,
total Project GHG emissions would not exceed
10,000 MTCO2e. Therefore, this regulation
would not apply.
Recycling and
Waste
Management
Recycling and Waste Title 24 Part 11
California Green
Building Code
Standards
Consistent. The Project would not conflict with
implementation of these measures. The Project
is required to achieve the recycling mandates
via compliance with the CALGreen code. The
City has consistently achieved its state recycling
mandates.
AB 341 Statewide 75
Percent Diversion
Goal
Forests Sustainable Forests Cap and Trade
Offset Projects
Not applicable. The Project is not located in a
forested area.
High Global
Warming
Potential
High Global
Warming Potential
Gases
CARB Refrigerant
Management
Program CCR 95380
Not applicable. The regulations are applicable
to refrigerants used by large air conditioning
systems and large commercial and industrial
refrigerators and cold storage system. The
Project would not conflict with the refrigerant
management regulations adopted by CARB.
Agriculture Agriculture Cap and Trade
Offset Projects for
Livestock and Rice
Cultivation
Not applicable. No grazing, feedlot, or other
agricultural activities that generate manure
occur currently exist on-site or are proposed to
be implemented by the Project.
Source: California Air Resources Board, California’s 2017 Climate Change Scoping Plan, November 2017 and CARB, Climate Change Scoping
Plan, December 2008.
Regarding goals for 2050 under Executive Order S-3-05, at this time it is not possible to quantify
the emissions savings from future regulatory measures, as they have not yet been developed;
nevertheless, it can be anticipated that operation of the proposed Project would benefit from
the implementation of current and potential future regulations (e.g., improvements in vehicle
emissions, SB 100/renewable electricity portfolio improvements, etc.) enacted to meet an 80
percent reduction below 1990 levels by 2050.
The Project would not conflict with any applicable plan, policy, or regulation of an agency
adopted for reducing the emissions of GHGs because the Project would generate low le vels of
GHGs, and would not impede implementation of the Scoping Plan, or conflict with the policies of
the Scoping Plan or any other GHG reduction plan. Therefore, the impacts would be less than
significant.
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Hazards and Hazardous Materials
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
9. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
X
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
X
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
X
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would
it create a significant hazard to the public or the
environment?
X
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
result in a safety hazard or excessive noise for people
residing or working in the project area?
X
f) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
X
g) Expose people or structures, either directly or indirectly,
to a significant risk of loss, injury or death involving
wildland fires?
X
A Phase I Environmental Site Assessment (ESA) has been prepared by ATC Group, LLC (ATC),
February 2019. The Phase I ESA was used as a resource in completing this section. The report is
available in Appendix E to this IS/MND.
Methane and Hydrogen Sulfide Potential
The review of aerial photographs identified past agricultural land on the Project site and
surrounding areas. Portions of the Project site were used for agricultural purposes during the
1930s. Due to the limited short-term agricultural use, past agricultural use is not considered to
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represent a recognized environmental condition. The aerial photographs are included as
Appendix F to the Phase I ESA, included as Appendix E in this IS/MND. Based on the site’s lack of
intense agricultural uses or landfills on the Project site, the potential for generation of methane
or hydrogen sulfide is very low.
Radon
Radon is a naturally occurring colorless, odorless gas that is a by-product of the decay of
radioactive materials potentially present in bedrock and soil. The EPA guidance action level for
annual residential exposure to radon is 4.0 picoCuries per liter of air (pCi/L). The guidance action
level is not a regulatory requirement for private owners of commercial real estate, but is
commonly used for comparison purposes to suggest whether further action at a building may be
prudent.33
ATC’s review of published radon data from Environmental Data Resources Inc. (EDR) Regulatory
Database Report indicates that the property is located in EPA Zone 2. Zone 2 areas have a
predicted radon concentration of greater than 2.0 pCi/L and less than 4.0pCi/L. According to
EDR’s Regulatory Database Report, of the 18 sites tested in San Bernardino County, none of the
sites tested returned a result over 4.0 pCi/L. Based on the available statistics, no additional radon
investigations are recommended.34
Fire Hazard
The City of San Bernardino is susceptible to wildland fires due to the steep terrain and highly
flammable chaparral vegetation of the foothills of the San Bernardino Mountains and high winds
that correspond with seasonal dry periods. The characteristics of the San Bernardino Mountains
and winds in the area indicate that large uncontrollable fires on a recurring basis are inevitable.
However, as shown on the Wind Hazards S-8 Map and Fire Hazard Areas S-9 Map of the City’s
General Plan, the Project site is not located near any of the hazard areas such as: Extreme Fire
Hazard Area (EFHA), Moderate Fire Hazard Area (MFHA), or City High Fire Hazard Area (CHFHA),
nor it is located in an area prone to wind hazards.35
(a) Create a significant hazard to the public or the environment through the routine transport,
use, or disposal of hazardous materials?
Less than Significant.
Construction
Both the EPA and the U.S. Department of Transportation (DOT) regulate the transport of
hazardous waste and material, including transport via highway. The EPA administers permitting,
33 ATC Group, LLC. 2019. Phase I Environmental Site Assessment, page 29.
34 ATC Group, LLC. 2019. Phase I Environmental Site Assessment, page 29.
35 General Plan. 2005. S-8 and S-9, Wind Hazards and Fire Hazard Areas.
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tracking, reporting, and operations requirements established by the Resource Conservation and
Recovery Act. The DOT regulates the transportation of hazardous materials through enforcement
of the Hazardous Materials Transportation Act. This act includes requirements for container
design and labeling, as well as for driver training. The established regulations are intended to
track and manage the safe interstate transportation of hazardous materials and waste.
Additionally, State and local agencies enforce the application of these acts and coordinate safety
and mitigation responses in the case that accidents involving hazardous materials occur.
Project construction activities may include refueling and minor maintenance of construction
equipment on-site, which could lead to minor fuel and oil spills. The use and handling of
hazardous materials during construction would occur in accordance with applicable federal,
State, and local laws, including California Division of Occupational Safety and Health (Cal/OSHA)
requirements. However, all construction activities would be subject to the NPDES permit process
that requires the preparation of a Stormwater Pollution Prevention Plan (SWPPP), which would
be reviewed and approved by the Santa Ana RWQCB, and the latest industry BMPs. Additionally,
the Project site is not included on the list of hazardous waste sites (Cor tese List) compiled by the
Department of Toxic Substances Control (DTSC) pursuant to Government Code §65962.5 and
therefore would not release known hazardous materials due to ground -disturbing activities.36
Following the required NPDES process and then implementing the latest industry BMPs, the
Project would cause a less than significant impact to the public or the environment due to
construction activities.
Operations
Tenant(s) of the industrial/warehouse/distribution facility have not been identified, so t he
precise nature of the facility operation cannot be determined at this ti me. Project operations
could result in the use, storage, and disposal of hazardous materials. These can include, but are
not limited to paint solvents, pesticides and fertilizers, and maintenance supplies and equipment
(e.g., drain cleaners, floor stripping products, paints, oils, fuels). Federal and State hazardous
materials regulations require all businesses that handle more than a specified amount of
hazardous materials or extremely hazardous materials to obtain a hazardous materials permit
and submit a business plan to its local Certified Unified Program Agency (CUPA). The CUPA also
ensures local compliance with all applicable hazardous materials regulations. For the City of San
Bernardino, the CUPA is the San Bernardino County Fire Department, Hazardous Materials
Division which also manages the following hazardous waste programs:
• Hazardous Materials Release Response Plans and Inventory
• California Accidental Release Program
36 Department of Toxic Substances Control (DTSC) EnviroStor. 2019. Hazardous Waste and Substances Site List. Available at:
https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=san+bernardino. Accessed on December 21, 2019.
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• Underground Storage Tanks
• Aboveground Petroleum Storage Act/Spill Prevention, Control, and Countermeasure Plan
• Hazardous Waste Generation and Onsite Treatment
• Hazardous Materials Management Plans and Inventory
With compliance with applicable local, state and federal regulations noted above, the Project
would cause a less than significant impact from the routine transport, use, or disposal of
hazardous materials.
(b) Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous materials into
the environment?
Less than Significant. Demolition of any existing structures, especially older structures where
these hazardous building materials were commonly used in construction, could be released
during demolition activities and expose construction workers, the public, or the environment.
The level of potential impact is dependent upon the age, construction, and building materials in
each building and the protocols employed for demolition. However, there are established
measures that certified contractors commonly use to contain, store, and dispose of these
hazardous materials in a manner that limits exposure. The first step towards appropriate
handling and demolition is conducting thorough surveys to identify the presence of these
materials. Asbestos Containing Materials (ACMs) are regulated both as a hazardous air pollutant
under the Clean Air Act and as a potential worker safety hazard under the authority of Cal-OSHA.
Cal-OSHA also regulates worker exposure to lead-based paint. The South Coast Air Quality
Management District (SCAQMD) is vested by the California legislature with authority to regulate
airborne pollutants, including asbestos, through both inspection and law enforcement, and is to
be notified ten days in advance of any proposed demolition or ab atement work.
Notification includes the names and addresses of operations and persons responsible;
description and location of the structure to be demolished/altered including size, age and prior
use, and the approximate amount of friable asbestos; scheduled starting and completion dates
of demolition or abatement; nature of planned work and methods to be employed; procedures
to be employed to meet SCAQMD requirements; and the name and location of the waste disposal
site to be used. The SCAQMD randomly inspects asbestos removal operations. In addition, the
SCAQMD will inspect any removal operation concerning which a complaint has been received.
Potential exposure to these hazardous building materials can be reduced through appropriate
use of personal protective equipment, isolation and containment of work areas, and placement
of waste in approved transport containers.
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Both the federal OSHA and Cal-OSHA regulate worker exposure during construction activities that
disturb lead-based paint. The Interim Final Rule found in 29 CFR 1926.62 covers construction
work in which employees may be exposed to lead during such activities as demolition, removal,
surface preparation for repainting, renovation, cleanup, and routine maintenance. The OSHA -
specified compliance includes respiratory protection, protective clothing, housekeeping, special
high efficiency filtered vacuums, hygiene facilities, medical surveillance, and training. No
minimum level of lead is specified to activate the provisions of this regulation.
California regulates PCBs under Title 22, California Code of Regulations, Sections 66261.24 and
66261.113, as a hazardous waste in liquid format concentrations equa l to or above 5 parts per
million (ppm) and non-liquids at concentrations equal to or above 50 ppm. If wastes contain the
threshold levels stated above, they must be disposed of as a hazardous waste. The same is true
for PCB-laden electrical equipment. Liquid wastes are usually either treated and landfilled, or
incinerated. Non-liquid wastes are generally landfilled or incinerated, sometimes after
nonhazardous parts are recycled. Materials containing detectable concentrations of PCBs are
prohibited from being released into sources of drinking water under Proposition 65.
Fluorescent light ballasts containing PCBs are considered hazardous waste and must be
transported and disposed of as hazardous waste. Transportation of these ballasts for
consolidation prior to disposal is exempted from manifesting and use of a registered hauler up
to two 55-gallon drums per vehicle.
Adherence to existing regulations would reduce the potential for hazardous building materials to
impact the environment or the public. Therefore, as already required by applicable regulations
and laws, proposed redevelopment of older existing f acilities would be required to adhere to
appropriate identification and abatement procedures by certified contractors who employ
practices that limit the exposure of hazardous building materials, where present. Therefore, with
implementation of Mitigation Measures HAZ-1 and HAZ-2, a less than significant impact would
occur.
Mitigation Measure:
MM HAZ 1 A hazardous spill prevention plan shall be prepared by the Applicant and
submitted to the City for approval to minimize the likelihood of a spill shall be
prepared prior to construction. The plan shall state the actions that would be
required if a spill occurs to prevent contamination of surface waters and provide
for cleanup of the spill. The plan shall follow Federal, state, and local safety
guidelines and standards to avoid increased exposure to these pollutants.
MM HAZ 2 If a contaminated area is encountered during construction, construction shall
cease in the vicinity of the contaminated area. The construction contractor shall
notify all appropriate authorities, including the EPA and the City. If necessary, the
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contaminated site shall be remediated to minimize the potential for exposure of
the public and to allow the Project to be safety constructed.
(c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances,
or waste within one-quarter mile of an existing or proposed school?
Less than Significant. No schools are located within ¼ mile of the proposed project.1 Note that
the Project is proposed at this location, in close coordinat ion with City staff and County
Superintendent of Schools staff, in order to relocate the existing N SLA school at this site to a
more favorable location, given City and County staff’s determination that the Project site is not
a favorable location for a school. As discussed above in Responses (a) and (b), the Project is not
anticipated to generate significant hazardous materials impacts. As discussed in Air Quality,
Section 3, Response (C), the Project’s Health Risk Assessment determined that the Project wil l
not impact nearby sensitive receptors, including residential uses to the immediate west and
south.37
(d) Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962.5 and, as a result, would it create a significant
hazard to the public or the environment?
No Impact. The Project site is not included on the list of hazardous waste sites (Cortese List)
compiled by the DTSC pursuant to Government Code §65962.5. Therefore, the Project would
have no impact.
(e) For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project result
in a safety hazard or excessive noise for people residing or working in the Project area?
Less than Significant. The San Bernardino Airport Land Use Plan is currently being drafted and
not available at the time of this report. The Project site is located approximately 0.9 miles west
of the San Bernardino International Airport (SBIA); however, the Project site is located within the
SBIA Planning Boundaries, as shown in Figure Lu-4 of the City’s General Plan. The Federal Aviation
Administration (FAA) Regulations Title 14 Part 77 determines restrictions to obstructions a nd
height limitations for structures taller than 200 feet or within 20,000 feet of an airport.
The proposed Project would be consistent with the general land use of the area. Additionally, the
Project would be constructed in the place of an existing chart er school serving preschool and
elementary school children. Instead of the existing use, the Project would introduce a warehouse
use which would highly reduce the risk to children or other people on the site. The existing three
parcels that required a zone change and General Plan land use change will be in conformance
37 The Antioch Christian Center is located just over ¼ mile from the nearest Project loading dock. However, this facility is not
listed as a public school on the California Department of Education website.
https://www.cde.ca.gov/SchoolDirectory/districtschool?items=100&order=3&tab=1&page=25, (accessed February 13, 2020).
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with the proposed land use. Additionally, the Project would be consistent with §19.20.015 Noise
Standards. Thus, a less than significant impact would occur.
(f) Impair implementation of an emergency response plan or emergency evacuation plan?
Less than Significant. The City of San Bernardino adopted an Emergency Management Plan to
identify evacuation routes, emergency facilities, and City personnel and equipment available to
effectively deal with emergency situations. No revisions to the adopted Emergency Management
Plan would be required as a result of the proposed Project. Additionally, San Bernardino County
Consolidated Fire District (SBCFD) is responsible for planning emergency response for the City,
maintaining the emergency operations plan (EOP), and operating the City’s Emergency
Operations Center. The City’s EOP anticipates that all major streets within the City would serve
as evacuation routes. Highways and arterial streets that connect to the major freeways, including
State Route 210 (SR-210) and Interstate 215 (I-215), would serve as potential evacuation routes
in the event of an unusual emergency situation.
The Proposed Project would ensure that the minimum right -of-way widths on City streets would
be maintained, which would continue to ensure that various evacuation routes are accessible to
residents. Individual project review by the City including the SBCFD would also be required. The
Project would incorporate all applicable design and safety requirements in the California Building
and Fire Codes during construction activities. Access to the Project site would be via four
driveways. Two thirty-foot driveways located on the northeast and northwest corners of the site
and two forty-foot driveways along Foisy Street. All driveways would allow for emergency vehicle
ingress and egress. The City will ensure emergency access and/or the need for signed detours
during any road closure through the encroachment permit process required before any work can
be done in the City right of way. Design and circulation access would adhere to all applicable
requirements from the City and San Bernardino County Fire District. Therefore, impacts to an
emergency response plan would be less than significant.
(g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury
or death involving wildland fires?
No Impact. As outlined above, the Project site is not located in an area mapped for fire risk. Fire
hazard areas are located predominately in the foothills of the San Bernardino
Mountains. Therefore, the proposed Project would not expose people or structures to a risk of
loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized
areas or where residences are intermixed with wildlands. No impact would occur.
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Hydrology and Water Quality
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
10. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge
requirements or otherwise substantially degrade surface
or groundwater quality?
X
b) Substantially decrease groundwater supplies or interfere
substantially with groundwater recharge such that the
project may impede sustainable groundwater
management of the basin?
X
c) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of
a stream or river or through the addition of impervious
surfaces, in a manner which would:
X
i. Result in substantial erosion or siltation on- or off-site? X
ii. Substantially increase the rate or amount of surface
runoff in a manner which would result in flooding on- or
off-site?
X
iii. Create or contribute runoff water which would exceed
the capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff?
X
d) In flood hazard, tsunami, or seiche zones, risk release of
pollutants due to project inundation?
X
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
X
A Preliminary Hydrology Calculations Report and Water Quality Management Plan (WQMP) were
prepared by Thienes Engineering for the proposed Project. These technical studies are included
in Appendix F and Appendix G, respectively, and the results are summarized herein.
Groundwater and Surface Water
The SBMWD provides domestic water for the City and unincorporated areas of San Bernardino
County as well as back-up to the City of Loma Linda. Water service is provided for single -family,
multiple-family, commercial, light industrial, governmental, and landscaping purposes. Other
water agencies in the general area include East Valley Water District on the east, Redlands
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Mutual, Loma Linda Municipal, Riverside, and Colton water providers to the south, and West San
Bernardino and Rialto to the west. Figure U-2 of the City’s General Plan shows the service
boundaries of the water providers in the planning area. 38 Since the City has no jurisdiction over
water supply, transmission, distribution, and storage facilities administered by other entities, this
discussion addresses facilities owned and maintained by the City. Groundwater from the Bunker
Hill Basin is the primary source of water supply for the SBMWD, which is an adjudicated
groundwater basin shared with 20 other local public and private suppliers . Groundwater
withdrawals from the Bunker Hill Basin is closely monitored and regulated by the Western-San
Bernardino Watermaster and stakeholder agencies. While groundwater is the principal source of
supply for the City, SBMWD also imports water from the State Water Project and participates in
regional water supply planning for the greater San Bernardino Valley.39
Flooding
According to the Federal Emergency Management Administration (FEMA) Flood Insurance Rate
Map (FIRM) Panel 06071C8684J, dated September 2, 2016, the Project site is located in Zone X.
Flood Zone X is defined by FEMA as the area determined to be outside the 500 -year flood. No
portion of the site is located within the special flood hazard area inundated by the 100 -year
flood.40
Offsite Hydrology
Under existing conditions, runoff from areas east of the Project site drain towards the easterly
portion of the Project site. A low spot exists on the adjacent parcels, and runoff ultimately sheet
flows through the Project site. The offsite area drains easterly to the storm drain system in Lena
Road. However, in an interim condition, this flow must be considered with the Project site.
The adjacent parcels are currently under-developed with limited drainage improvements. A
concrete channel is proposed along the Project site’s easterly property line to intercept existing
flow. The approximate 100-year peak flow rate for offsite/adjacent areas is approximately 13.5
cubic feet/second (CFS). A separate storm drain will convey this flow through the Project site and
connect to the proposed storm drain system downstream of the water quality treatment areas
designed for the Project site. Off-site flow would not comingle with on-site flow until after the
onsite flow is treated.
38 General Plan. 2005. Figure U-2, Water Service Area Boundaries. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, accessed September 2019.
39 https://sbmwd.org/221/About-the-Water-Department (accessed June 25, 2020).
40 FEMA. 2019. FEMA Flood Map Service Center: Search By Address. Available at
https://msc.fema.gov/portal/search?AddressQuery=turlock%2C%20ca#searchresultsanchor, accessed January 20, 2019
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(a) Violate water quality or waste discharge requirements or otherwise substantially degrade
surface or groundwater quality?
Less than Significant. The California Porter‐Cologne Water Quality Control Act (§13000 of the
California Water Code), and the Federal Water Pollution Control Act Amendment of 1972 (also
referred to as the Clean Water Act [CWA]) require comprehensive water quality control plans be
developed for all waters within the State of California. The Project site is located within the
jurisdiction of the Santa Ana RWQCB.
Demolition and Construction
Construction of the proposed Project would involve clearing, soil stockpiling, grading, pavin g,
utility installation, building construction, and landscaping activities, which would result in the
generation of potential water quality pollutants such as silt, debris, chemicals, paints, and other
solvents with the potential to adversely affect water quality. As such, short‐term water quality
impacts have the potential to occur during construction of the proposed Project in the absence
of any protective or avoidance measures.
As part of the proposed Project, improvement would include new sidewalks will be provided
along with new curb and gutters and driveways as applicable along Central Avenue and Foisy
Street. At this time there is no intended utility work with exception of new connections to existing
underground utilities. Additionally, onsite underground storm drains would be constructed on
the east and west side of the Project site.
The proposed Project would disturb more than one acre of land surface and would, therefore, be
required to obtain coverage under the NPDES stormwater program. The City of San Bernardino
is a co-permittee under San Bernardino County’s NPDES Permit (No. CAS618036), and as such is
required to adhere to the County-wide NPDES permit requirements. To minimize water quality
impacts during construction, construction activities would be required to comply with a SWPPP
consistent with the General Permit for Storm Water Discharge Associa ted with Construction
Activity (Construction Activity General Permit). To obtain coverage, the Project Applicant is
required to submit a Notice of Intent prior to construction activities and develop and implement
an SWPPP and monitoring plan. The SWPPP identifies erosion-control and sediment-control
BMPs that would meet or exceed measures required by the Construction Activity General Permit
to control potential construction-related pollutants. Erosion-control BMPs are designed to
prevent erosion, whereas sediment controls are designed to trap sediment once it has been
mobilized. Typical BMPs include but are not limited to construction scheduling, proper
construction equipment staging, hydroseeding, straw mulch, sandbags and silt fences . These
requirements would ensure that potential Project impacts related to soil erosion, siltation, and
sedimentation remain less than significant and avoid violation to any water quality standards or
waste discharge requirements.
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Operations
Approximately two-thirds of the Project site drains to a public storm drain system on Foisy Street
that ultimately traverses a proposed commercial development to the west of the Project site.
The public storm drain system continues southerly along Waterman Avenue then westerly along
Ennis Street, ultimately to Twin Creek. The northerly portion of the site drains to Central Avenue,
while the southerly portion drains southerly on Foisy Street.41
As outlined in the WQMP, to retain the stormwater volume required to avoid or minimize impacts
downstream, the Project would be subject to establishing targets for post -development
hydrology based on performance criteria specified in the MS4 Permit . These targets include
runoff volume, time of concentration, and peak runoff for prote ction of any downstream
waterbody segments with Complete Hydrologic Conditions of Concern (HCOC). As noted on
Table 12, Non-Structural Source Control BMPs, the Project would be required to have a spill
contingency plan based on individual site needs. Additionally, in case of a spill, employees would
be trained to clean up minor spills and participate in ongoing maintenance.
The WQMP is a post-construction management program that ensures the ongoing protection of
the watershed basin by requiring structural and programmatic controls. The WQMP identifies
structural controls (including a contained, on -site wastewater treatment plant) and
programmatic controls to minimize, prevent, and/or otherwise appropriately treat stormwater
runoff flows before they are discharged from the site. Mandatory compliance with the WQMP
would ensure that the proposed Project does not violate any water quality standards or waste
discharge requirements during long‐term operation; refer to Table 14, Non-Structural Source
Control BMPs and Table 15, Structural Source Control BMPs.
Table 14: Non-Structural Source Control BMPs
BMP Responsible
Party(s)
Inspection/Maintenance
Activities Required
Minimum Frequency
of Activities
Education of Property
Owners, Tenants and
Occupants on
Stormwater BMPs
Owner
Property owner will get familiarized with
the educational materials in Attachment
“E” and the contents of the WQMP.
As necessary
Activity Restrictions Owner
No outdoor work areas, processing,
storage or wash area. Activities are
restricted to only those for which a BMP
has been implemented.
N/A
Landscape Management Owner
Irrigation must be consistent with San
Bernardino’s Water Conservation
Ordinance. Fertilizer and pesticide
usage will be consistent with County
Management Guidelines for Use of
Fertilizers and Pesticides.
Ongoing
41 Thienes Engineering. November 2019. Preliminary Hydrology Report. (See Appendix F)
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BMP Responsible
Party(s)
Inspection/Maintenance
Activities Required
Minimum Frequency
of Activities
BMP Maintenance Owner
BMP maintenance, implementation
schedules, and responsible parties are
included with each specific BMP
narrative.
N/A
Local Water Quality
Ordinances Owner/Tenant Comply with Local Water Quality
Ordinances. Ongoing
Spill Contingency Plan Owner/Tenant Have a spill contingency plan based on
individual site needs. Prior to Construction
Uniform Fire Code
Implementation Owner
Comply with Article 80 of the Uniform
Fire Code enforced by the fire protection
agency.
Prior to Occupancy
Litter/Debris Control
Program Owner/Tenant
Contract with their landscape
maintenance firm to provide this service
during regularly scheduled maintenance.
As Needed
Employee Training Owner
The owner will ensure that tenants are
also familiar with onsite BMPs and
necessary maintenance required of the
tenants. Owner will check with City and
County at least once a year to obtain
new or updated educational materials
and provide these materials to tenants.
Employees shall be trained to clean up
minor spills and participate in ongoing
maintenance. The WQMP requires
annual employee training and new hire
training within 2 months of hire.
Annually
Housekeeping of
Loading Docks Owner/Tenant
Keep all fluids indoors. Clean up spills
immediately and keep spills from
entering storm drain system. No direct
discharges into the storm drain system.
Area shall be inspected weekly for
proper containment and practices with
spills cleaned up immediately and
disposed of properly.
Weekly
Catch Basin Inspection
Program
Owner/Tenant/
Owner’s Designee
Monthly inspection by property owner’s
designee. Sumps will be vacuumed
when sediment or trash becomes 2-
inches deep and disposed of properly.
Monthly Inspection
Vacuum Sweeping of
Private Street and
Parking Lots
Owner/Tenant
All landscape maintenance contractors will
be required to sweep up all landscape
cuttings, mowings and fertilizer materials off
paved areas weekly and dispose of properly.
Parking areas and driveways will be swept
monthly by sweeping contractor.
Monthly
Comply with all other
applicable NDPES
permits
Owner
Will comply with Construction General
Permit and Industrial General Permit (may
apply for No Exposure Certification/NEC).
Prior to Construction
Source: Thienes Engineering. November 2019. Water Quality Management Plan. (See Appendix G)
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Table 15: Structural Source Control BMPs
BMP Responsible
Party(s)
Inspection/Maintenance
Activities Required
Minimum Frequency
of Activities
Provide storm drain
system stenciling and
signage (CASQA New
Development BMP
Handbook SD-13)
Owner
“No Dumping – Drains to River” stencils
will be applied. Legibility of stencil will
be maintained on a yearly basis.
Annually
Design and construct
trash and waste storage
areas to reduce
pollution introduction
(CASQA New
Development BMP
Handbook SD-32)
Owner
Paved with an impervious surface,
designed not to allow run-on from
adjoining areas, designed to divert
drainage from adjoining roofs and
pavements diverted around the area,
screened or walled to prevent off-site
transport of trash.
Prior to Occupancy
Use efficient irrigation
systems & landscape
design, water
conservation, smart
controllers, and source
control (Statewide
Model Landscape
Ordinance; CASQA New
Development BMP
Handbook SD-12)
Owner
Irrigation systems shall include shutoff
valves triggered by a pressure drop to
control water loss in the event of
broken sprinkler heads or lines. Timers
will be used to avoid overwatering and
watering cycles and duration shall be
adjusted seasonally by the landscape
maintenance contractor. The
landscaping areas will be grouped with
plants that have similar water
requirements. Native or drought-
tolerant species shall also be used
where appropriate to reduce excess
irrigation runoff and promote surface
filtration.
Ongoing
Finish grade of
landscaped areas at a
minimum of 1-2 inches
below top of curb,
sidewalk, or pavement
Owner
Landscaped areas will be depressed in
order to increase retention of
stormwater/ irrigation water and
promote infiltration.
During Construction
Source: Thienes Engineering. November 2019. Water Quality Management Plan. (See Appendix G)
With compliance with the recommended BMPs, water quality impacts associated w ith long-term
operation of the proposed Project would be less than significant.
(b) Substantially decrease groundwater supplies or interfere substantially with groundwater
recharge such that the project may impede sustainable groundwater management of the
basin?
Less than Significant. The proposed Project’s potable water supply would be served by the
SBVMWD; refer to Section 19, Utilities and Service Systems, Response (b), which notes the
existing site uses domestic water use and the anticipated domestic water use from the proposed
Project. The SBVMWD obtains its water supply from the Bunker Hill Groundwater Basin. The
proposed Project does not include any uses which involve potable groundwater wells. The
proposed Project includes construction and operation of a warehouse facility, which would result
in additional impervious surfaces on site. However, the Project would construct a series of
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underground storm drains leading to the proposed catch basins located on the east and west
truck yard areas. Form 4.3-1 Infiltration BMP Feasibility of the WQMP identifies that the
infiltration basin does not pose a significant risk for groundwater , nor would it increase the risk
of geotechnical hazards. Rather, the proposed catch/infiltration basin would recharge
groundwater. The proposed Project would not significantly impact local groundwater recharge.
Impacts would be less than significant.
(c) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river or through the addition of impervious surfaces,
in a manner which would:
i) Result in substantial erosion or siltation on- or off-site?
Less Than Significant Impact. The site does not include any streams or rivers which could be
altered by the proposed Project. The proposed on-site detention/infiltration basins would limit
the release of stormwater from the site; thereby minimizing the potential for substantial erosion
or siltation to occur on-site or off-site. Additionally, the Project would comply with Policy 9.4.10
(NPDES), Policy 9.4.11 (BMPs), and BMP Inspection and Maintenance, as referenced in the
Geology and Soils Section. Therefore, impacts would be less than significant.
ii) Substantially increase the rate or amount of surface runoff in a manner which would
result in flooding on- or off-site?
Less Than Significant Impact. The site does not include any streams or rivers which could be
altered by the proposed Project. In addition, the proposed underground stormwater catch basins
would be located on the east and west portions of the site, which will capture and release the
additional storm water runoff.
The proposed conditions anticipate that runoff from the easterly half of the building and the
easterly truck yard and parking areas would drain to catch basins in the east truck yard area. The
proposed storm drain system would convey runoff westerly through the southerly parking area.
Runoff from the southerly parking area would also be tributary to this storm drain. The 100-year
peak flow rate for this area is approximately 40.9 CFS, unretained.
Flow from the northerly parking areas will be intercepted in grate inlets located in the parking
areas. A proposed storm drain system will convey this flow southerly through the westerly truck
yard. Runoff from the westerly half of the building and the westerly truck yard would also be a
tributary to this storm drain system. This storm drain system would connect to a proposed catch
basin in Foisy Street. The 100-year peak flow rate for this area is approximately 34.8 CFS,
unretained. The landscaped areas adjacent to the streets will sur face drain to the respective
streets.
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The design capture volume (DVC) for the Project is 39,166 cubic feet (c.f.) and the volume
required to be detained based on the 100-year storm event is 75.7 c.f.42 As such, the proposed
development will not increase peak discharges currently exiting the site under the 100 -year
storm event since the site is a zero-discharge site. 43
The site will not discharge more runoff than what is bein g discharged under the existing
conditions, thereby minimizing the potential for flooding to occur on -site or off-site. Therefore,
impacts would be less than significant.
iii) Create or contribute runoff water which would exceed the capacity of existing or
planned stormwater drainage systems or provide substantial additional sources of
polluted runoff?
Less Than Significant Impact. As noted in Response (c)(ii) above and in Appendix G, the Project
will fully mitigate stormwater runoff such that runoff water will not exceed that of existing
conditions and is not otherwise anticipated to exceed the capacity of downstream drainage
facilities. As discussed in Response (a) and (c)(iii) above, the proposed onsite retention basins,
infiltration and operational BMPs will reduce impacts to less than significant for stormwater
runoff water quality pursuant to the WQMP and City MC requirements.
(d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project
inundations?
Less than Significant Impact. The Project site is located approximately 60 miles inland from the
Pacific Ocean. Given the distance from the coast, the potential for the Project site to be inundated
by a large, catastrophic tsunami is extremely low. No steep slopes are in the Project vi cinity;
therefore, the risk of mudflow is insignificant. However, the Project site is identified as being in
flood path of the Seven Oaks Dam in the event of the dam’s failure. 44 However, FEMA identifies
the Project area as Zone X,45 an area identified as having a 0.2 percent chance of flood. Impacts
from flooding, tsunami, or seiche potentially releasing pollutants are less than significant.
(e) Conflict with or obstruct implementation of a water quality control plan or sustainable
groundwater management plan?
Less than Significant. The proposed Project’s potable water supply would be served by the
SBMWD. The SBMWD obtains its water supply from the Bunker Hill Groundwater Basin. The
proposed Project does not include any uses which involve potable groundwate r wells.
Furthermore, the Bunker Hill basin is not currently listed as a critically over-drafted basin or a
42 Thienes Engineering. November 2019. Water Quality Management Plan, Form 4.2-1 LID BMP Performance Criteria for Design
Capture Volume. (See Appendix G)
43 Thienes Engineering. November 2019. Preliminary Hydrology Report, page 4. (See Appendix F)
44 General Plan. 2005. Figure S-2, Seven Oaks Damn Inundation Map.
45 FEMA. 2019. FEMA Flood Map Service Center: Search By Address. Available at
https://msc.fema.gov/portal/search?AddressQuery=turlock%2C%20ca#searchresultsanchor, accessed December 21, 2019.
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medium or high priority basin under the State’s Sustainable Groundwater Management Act
(SGMA).46 As discussed in Response (b), the Project’s water demand is anticipated to be lower
than the current site uses as a charter school, and the Project is not otherwise anticipated to
result in significant groundwater impacts.
As discussed in Response (a) above, the Project is not anticipated to result in less than significant
water quality impacts, either during construction or operation.
46 Department of Water Resources. 2019. SGMA PORTAL. Available at: https://sgma.water.ca.gov/portal/gsa/all, accessed
February 13, 2020. Also visible at https://gis.water.ca.gov/app/bp-dashboard/final/ (accessed June 25, 2020)
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Land Use and Planning
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
11. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? X
b) Cause a significant environmental impact due to a conflict
with any land use plan, policy, or regulation adopted for
the purpose of avoiding or mitigating an environmental
effect?
X
As shown in Table 1, Existing Land Use, General Plan Land Use and Zoning Designations, the
Project site currently contains 10 parcels. As designated by the City’s Zoning Code, seven of the
parcels have a General Plan land use designation of Industrial and a Zoning designation of
Industrial Light (IL) and the proposed Project would be consistent with these parcels. The
additional three parcels have a General Plan land use designation of Open Space (OS) and a
Zoning designating of Public Park (PP), and as such, the proposed Project would not be consistent
with the existing land use and Zoning on these three parcels. For this reason, the proposed
Project is requesting GPA 19-03 and DC 19-08 “zone change” for the three inconsistent parcels.
The existing OS General Plan designated parcels are proposed to be amended to Industria l.
Similarly, the PP zoning designated parcels are proposed to be amended to Industrial Light (IL);
refer to Exhibit 6, Existing General Plan Land Use Designation, Exhibit 7, Proposed General Plan
Land Use Designation, Exhibit 8, Existing Zoning Designation, and Exhibit 9, Proposed Zoning
Designation.
(a) Physically divide an established community?
Less than Significant. As shown in Exhibit 3, the general Project vicinity is developed and no
physical barriers exist. The Project site is a mix of developed and vacant land that is used as a
school, park, and residential. There are no trails, easements, or pathways that traverse the site.
The proposed Project would be contained within the property boundaries, and will not alter the
existing roadway configuration. The Project will result in a single large industrial building with
perimeter security fencing that will limit vehicle and pedestrian access to the property. This is
similar to the existing built condition of the site.
The existing residential dwelling units are standalone residences and are not part of a community
or subdivision. Once the proposed Project is fully built, it will generally blend in w ith the mix of
surrounding uses visually, and would not physically divide an established community. As shown
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on the City’s Zoning map, the general area is zone Light Industrial (IL).Therefore, the proposed
Project would have a less than significant impact.
(b) Conflict with any applicable land use plan, policy, or regulation of an ag ency with
jurisdiction over the project (including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
Less than Significant. The proposed Project requires a general plan amendment and zone change
for the development of a warehouse. With the approval of the GPA and zone change, the Project
would be consistent with the underlying zoning and General Plan designations and would not
conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the
Project.
Land Use Goal 2.2 - Promote development
that integrates with and minimizes impacts on
surrounding land uses.
The proposed Project blends aesthetically
with the general setting and its vicinity. Much
of the area is industrial in nature.
Land Use 2.4 - Enhance the quality of life and
economic vitality in San Bernardino by
strategic infill of new development and
revitalization of existing development.
The proposed Project promotes economic
vitality in San Bernardino by providing jobs
and revenue to the City. Additionally, the
Project site will be beautified.
Land Use 2.5 - Enhance the aesthetic quality
of land uses and structures in San Bernardino.
The proposed Project would physically and
aesthetically enhance the site. Ornamental
landscaping would be provided, along with
fencing, security lighting, and sidewalks.
Land Use 2.6 - Control development and the
use of land to minimize adverse impacts on
significant natural, historic, cultural, habitat,
and hillside resources.
The proposed Project would not create
significant impacts on these resources. For
those impacts where a potential impact is
recognized, mitigation measures are
implemented.
Land Use 2.7 - Provide for the development
and maintenance of public infrastructure and
services to support existing and future
residents, businesses, recreation, and other
uses.
The proposed Project will pay Fire, Police, and
School development fees to support existing
and future residents and other uses.
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Land Use 2.9 - Protect the airspace of the San
Bernardino International Airport and
minimize related noise and safety impacts on
our citizens and businesses.
The proposed Project would be located in an
area where industrial development is allowed.
Citizens and businesses would not be
impacted from airport noise.
Therefore, the proposed Project would have a less than significant impact.
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Mineral Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
12. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
X
b) Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
general plan, specific plan, or other land use plan?
X
The Surface Mining and Reclamation Act of 1975 (SMARA) requires classification of land into
MRZs according to the known or inferred mineral potential of the area. Under SMARA, areas are
categorized into MRZs as follows:
MRZ-1 Areas where the available geologic information indicates no significant mineral
deposits or a minimal likelihood of significant mineral deposits.
MRZ-2 Areas where the available geologic information indicates that there are significant
mineral deposits or that there is a likelihood of significant mineral deposits.
However, the significance of the deposit is undetermined.
MRZ-3 Areas where the available geologic information indicates that mineral deposits are
inferred to exist; however, the significance of the deposit is undetermined.
MRZ-4 Areas where there is not enough information available to determine the presence
or absence of mineral deposits.
A large portion of the City of San Bernardino is designated as Mineral Resource Zone -2 (MRZ-2)
and smaller portions are designated as MRZ-1. Other areas of the City are not mapped. The
General Plan designates MRZ-2 zones as having a high potential for mineral resources.47
However, the California Data Basin for Mineral Resources, which get its data from the California
Geological Survey, does not designate the Project site as site containing mineral resou rces.48 As
such, the Project site is not designated for mineral resource recovery and does not contain any
known mineral resources and is not used for mining or mineral produ ction.
47 General Plan. 2005. Mineral Resources, Figure NRC-3, page 12-15. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199. Accessed on December 23, 2019.
48 California Mineral Resources. 2019. Available at:
https://databasin.org/maps/new#datasets=f2985196ca6b45cf8f2ad604beb95b34. Accessed on December 23, 2019.
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(a & b) Result in the loss of availability of a known mineral resource that would be of value to
the region and the residents of the state? And result in the loss of availability of a locally-
important mineral resource recovery site delineated on a local general plan, specific plan,
or other land use plan?
Less than Significant. The Project site is within an MRZ-2, meaning significant mineral deposits
or likelihood of significant mineral deposits exist; however, the significance of the deposit is
undetermined. Implementation of the proposed Project would not deplete mineral deposits or
involve mining activities. Furthermore, the Project site is not located in an area identified as a
locally important mineral resource recovery site and is not a mining area. The proposed Project
would not result in the loss of availability of a known mineral resource. Impacts would be less
than significant.
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Noise
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
13. NOISE. Would the project result in:
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the
project in excess of standards established in the local
general plan or noise ordinance or applicable standards
of other agencies?
X
b) Generation of excessive ground borne vibration or
ground borne noise levels?
X
c) For a project located within the vicinity of a private
airstrip or an airport land use plan or, where such a plan
has not been adopted, within two miles of a public airport
or public use airport, would the project expose people
residing or working in the project area to excessive noise
levels?
X
Noise is generally defined as loud, unpleasant, unexpected, or undesired sound that is typically
associated with human activity and that interferes with or disrupts normal activities. The human
environment is generally characterized by a certain consistent noise level that varies by area. This
is called ambient, or background noise. Although exposure to high noise levels has been
demonstrated to cause hearing loss, the principal human response to environmental noise is
annoyance. The response of individuals to similar noise events is diverse and influenced by the
type of noise, perceived importance of the noise and its appropriateness in the setting; time of
day and type of activity during which the noise occurs, and sensitivity of the individual.
Sound is a physical phenomenon consisting of vibrations that travel through a medium, such as
air, and are sensed by the human ear. Sound is generally characterized by several variables,
including frequency and intensity. Frequency describes the sound’s pitch and is measured in
cycles per second, or hertz (Hz). Intensity describes the sound’s loudness and is measured in
decibels (dB). A sound level of 0 dB is approximately the threshold of human hearing and is barely
audible under extremely quiet listening conditions. Normal speech has a sound level of
approximately 60 dB. Sound levels above about 120 dB begin to be felt inside the human ear as
discomfort and eventually as pain at still higher levels. The minimum change in the sound level
of individual events that an average human ear can detect is about 3 dB. Decibels are measured
using a logarithmic scale; thus, the average person perceives a change in sound level of about 10
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dB as a doubling (or halving) of the sound’s loudness. This relation holds true for sou nds of any
loudness.
The normal human ear can detect sounds that range in frequency from about 20 Hz to 20,000 Hz.
However, all sounds in this wide range of frequencies are not heard equally well by the human
ear, which is most sensitive to frequencies in the range of 1,000 Hz to 4,000 Hz. This frequency
dependence can be taken into account by applying a correction to each frequency range to
approximate the human ear’s sensitivity within each range. This is called A-weighting and is
commonly used in measurements of community environmental noise. The A-weighted sound
pressure level (abbreviated as dBA) is the sound level with the “A-weighting” frequency
correction. In practice, the level of a noise source is conveniently measured using a sound level
meter that includes a filter corresponding to the dBA curve.
Because community noise fluctuates over time, a single measure called the Equivalent Sound
Level (Leq) is often used to describe the time-varying character of community noise. The Leq is the
energy-averaged A-weighted sound level during a measured time interval and is equal to the
level of a continuous steady sound containing the same total acoustical energy over the averaging
time period as the actual time-varying sound. It is often desirable to know the acoustic range of
the noise source being measured. This is accomplished through the Lmax and Lmin indicators, which
represent the root-mean-square maximum and minimum noise levels obtained during the
measurement interval. The Lmin value obtained for a particular monitoring location is often called
the “acoustic floor” for that location.
To describe the time-varying character of environmental noise, the statistical noise descriptors
L10, L50, and L90 are commonly used. They are the noise levels equaled or exceeded during 10, 50,
and 90 percent of a stated time, respectively. Sound levels associated with L10 typically describe
transient or short-term events, whereas levels associated with L90 describe the steady-state (or
most prevalent) noise conditions.
Another sound measure known as the Community Noise Equivalent Level (CNEL) is an adjusted
average A-weighted sound level for a 24-hour day. It is calculated by adding a 5-dB adjustment
to sound levels during evening hours (7:00 p.m. to 10:00 p.m.) and a 10-dB adjustment to sound
levels during nighttime hours (10:00 p.m. to 7:00 a.m.). These adjustments compensate for the
increased sensitivity to noise during the typically quieter evening and nighttime hours. The CNEL
is used by the State of California and the City to evaluate land use compatibility with respect to
transportation noise.
The City’s Noise Ordinance (19.20.030.15 of the Development Code) specifies that no exterior
noise level shall exceed 65 dBA and no interior noise level shall exceed 45 dBA in residential areas.
The City does not specify noise level limits for uses other than residential.
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Additionally, the City’s Municipal Code (8.54.020 of the Municipal Code) prohibits the operation
or use between the hours of 10:00 p.m. and 8:00 a.m. of any pile driver, steam shovel, pneumatic
hammers, derrick, steam or electric hoist, power-driven saw, or any other tool or apparatus, the
use of which is attended by loud and excessive noise, except with the approval of the City.
Existing Noise Environment
Some land uses are considered sensitive to noise. Noise-sensitive receptors are associated with
indoor or outdoor activities subject to stress or significant interference from noise, such as
residential dwellings, transient lodging, dormitories, hospitals, educational facilities, public
assembly facilities, amphitheaters, playgrounds, congregate care facilities, childcare facilities,
and libraries. Industrial and commercial land uses are generally not considered sensitive to noise.
The Project site and its vicinity are composed of residential area, with industrial and commercial
land uses to the east, and vacant land/commercial/industrial to the north and south of the
Project. The primary sources of noise within the Project area are vehicular traffic including
automobiles, trucks, buses, and motorcycles. Other sources of noise include stationary noise
sources associated with nearby industrial activity. The San Bernardino International Airport is
located approximately 1.2 miles east of the Project site.
Existing Mobile Noise Sources
Existing roadway noise levels were calculated for the roadway segments in the project vicinity.
This task was accomplished using the Federal Highway Administration (FHWA) Highw ay Traffic
Noise Prediction Model (FHWA-RD-77-108) and existing traffic volumes from the Project traffic
impact study (Kimley-Horn, 2020). The noise prediction model calculates the average noise level
at specific locations based on traffic volumes, average speeds, roadway geometry, and site
environmental conditions. The average vehicle noise rates (also referred to as energy rates) used
in the FHWA model have been modified to reflect average vehicle noise rates identified for
California by the California Department of Transportation (Caltrans). The average daily noise
levels along roadway segments in proximity to the project site are included in Table 16, Existing
Project Traffic Noise Levels.
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Table 16: Existing Traffic Noise Levels
Roadway Segment ADT dBA CNEL at 100 feet from
Centerline of Roadway
Orange Show Road – Washington Ave to Waterman Ave 18,069 68.9
Orange Show Road – Waterman Ave to Lena Rd 16,916 68.6
Waterman Avenue – Drake Dr to Central Ave 23,001 69.9
Waterman Avenue - Central Avenue to Norman Rd 22,991 69.9
Waterman Avenue – Dumas St to Parkcenter Circle 23,851 70.0
Notes: ADT = average daily trips; dBA = A-weighted decibels; CNEL = community noise equivalent level.
Data source: Based on traffic data within the Traffic Impact Study for the proposed project, prepared by Kimley -Horn, 2020.
Refer to Appendix H for traffic noise modeling assumptions and results.
Source: Kimley-Horn and Associates, 2020.
Noise Measurements
Noise level measurements in the vicinity of the Project site were made to establish current
baseline noise levels. Sites were selected around the perimeter of the Project site. Ten-minute
measurements were taken between 9:30 a.m. and 11:00 a.m. The measured noise levels range
between 58.0 dBA Leq and 63.6 dBA Leq; refer to Table 17, Noise Measurements. Short-term (Leq)
measurements are considered representative of the nois e levels throughout the day.
Measurements were taken during off-peak traffic hours to characterize baseline noise levels with
without exposure to heavy traffic or noise-generating activities.
Table 17: Noise Measurements
Site
Number Description Leq (dBA) Lmin (dBA) Lmax (dBA) Time
1 E. Norman Road 58.0 43.0 69.8 9:30 a.m.
2 780 South Foisy Street 63.6 42.0 84.8 10:45 a.m.
3 862 South Lincoln Avenue 59.9 46.3 75.9 11:00 a.m.
Source: Noise measurements taken by Kimley-Horn on February 13, 2020. (See Appendix H)
The ambient noise levels in the Project study area are dominated by the transportation-related
noise associated with the arterial transportation network, and existing background residential
land use activities such as people talking, children at recess, and dogs barking. Meteorological
conditions were clear skies, warm temperatures, with light wind speeds (0 to 5 miles per hour),
and low humidity. Noise monitoring equipment used for the ambient noise survey consisted of a
Larson Davis SoundExpert LxT sound level meter. The monitoring equipment complies with
applicable requirements of the American National Standards Institute (ANSI) for Type I sound
level meters. Refer to Appendix H, Noise Data, for the results of the field measurements.
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Regulatory Setting
City of San Bernardino
Figure N-1 of City of San Bernardino Noise Element provides noise criteria to evaluate the land
use compatibility of transportation-related noise. The compatibility criteria indicate that
industrial uses, such as the Project, are considered normally acceptable with noise levels below
70 dBA CNEL and conditionally acceptable with noise levels of less than 80 dBA CNEL. Residential
land uses are considered normally acceptable with noise levels below 60 dBA CNEL and
conditionally acceptable with noise levels of less than 70 dBA CNEL.
Table N-3 of the City of San Bernardino General Plan Noise Element identifies a maximum
allowable exterior noise level of 65 dBA CNEL and an interior noise level limit of 45 dBA CNEL for
new residential developments. While the City specifically identifies an exterior noise level limit
for noise-sensitive residential land uses such as hotels, hospitals, schools, and parks, the City of
San Bernardino does not maintain exterior noise standard s for non-noise sensitive land uses such
as office, retail, manufacturing, utilities, agriculture, and industrial.
The City maintains several policies in the Municipal Code Noise Control Ordinance (Chapter 8.54)
to control the negative effects of nuisance noise, but it does not identify specific exterior noise
level limits. However, the policies in the Municipal Code Development Code, Chapter 19.20,
Property Development Standards contain the exterior and interior noise level standards for
residential land uses.
Municipal Code Section 8.54.060 states when such noises are an accompaniment and effect of a
lawful business, commercial or industrial enterprise carried on in an area zoned for that
purpose…these activities shall be exempt (Section 8.54.060(B)). However, due to the Project’s
proximity to residential land uses, located west of the Project site boundary, Development Code
Section 19.20.030.15(A), limits the operational stationary-source noise from the proposed
Project to an exterior noise level of 65 dBA Leq (1-hr).
Section 8.54.070 (Disturbances from Construction Activity) of the City’s Noise Control Ordinance
states that no person shall be engaged or employed, or cause any person to be engaged or
employed, in any work of construction, erection, alteration, repair, addition, movement,
demolition, or improvement to any building or structure except within the hours of 7:00 a.m. and
8:00 p.m. While the City establishes limits to the hours during which construction activity may
take place, it does not identify specific noise level limits for construction noise levels.
(a) Generation of a substantial temporary or permanent increase in ambient noise levels in the
vicinity of the project in excess of standards established in the local general plan or noise
ordinance or applicable standards of other agencies?
Less than Significant with Mitigation.
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Short-Term Construction Impacts
Construction of the proposed Project would include demolition, site preparation, grading,
building construction, paving, and architectural coating. Construction activities, such as
movement of equipment and workers, would also cause increased noise along access routes to
and from the site. Construction noise would be acoustically dispersed throughout the Project site
and would not be concentrated in one area near adjacent sensitive uses.
As noted above, the City’s noise ordinance prohibits construction except within the hours of 7:00
a.m. and 8:00 p.m. While the City establishes limits to the hours during which construction
activity may take place, it does not identify specific noise level limits for construction noise levels.
To evaluate whether the Project would generate a substantial periodic increase in short -term
noise levels at off-site sensitive receiver locations, a construction-related noise level threshold
was adopted from the Criteria for Recommended Standard: Occupational Noise Exposure
prepared by the National Institute for Occupational Safety and Health (NIOSH). NIOSH identifies
a noise level threshold based on the duration of exposure to the source. The construction-related
noise level threshold starts at 85 dBA for more than 8 hours per day, and for every 3-dBA increase,
the exposure time is cut in half. This results in noise level thresholds of 88 dBA for more than fou r
hours per day, 92 dBA for more than 1 hour per day, 96 dBA for more than 30 minutes per day,
and up to 100 dBA for more than 15 minutes per day. For the purposes of this analysis, the lowest,
more conservative construction noise level threshold of 85 dBA Leq for more than 8 hours per day
would be used as an acceptable threshold for construction noise at the nearby sensitive receiver
locations. Since this construction-related noise level threshold represents the energy average of
the noise source over a given time period, they are expressed as Leq noise levels. Therefore, the
noise level threshold of 85 dBA Leq over a period of eight hours or more is used to evaluate the
potential Project-related construction noise level impacts at the nearby sensitive rece iver
locations.
Maximum noise levels generated by construction equipment are shown in Table 18, Maximum
Noise Levels Generated by Construction Equipment. It should be noted that the noise levels
identified in Table 18 are maximum sound levels (Lmax), which are the highest individual sound
occurring at an individual time period. Operating cycles for these types of construction
equipment may involve one or two minutes of full power operation followed by three to four
minutes at lower power settings. Other primary sources of acoustical disturbance would be due
to random incidents, which would last less than one minute (such as dropping large pieces of
equipment or the hydraulic movement of machinery lifts).
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Table 18: Maximum Noise Levels Generated by Construction Equipment
Equipment Acoustical Use Factor Lmax at 50 Feet (dBA) Lmax at 100 Feet (dBA)
Concrete Saw 20 90 84
Crane 16 81 75
Concrete Mixer Truck 40 79 73
Backhoe 40 78 72
Dozer 40 82 76
Excavator 40 81 75
Forklift 40 78 72
Paver 50 77 71
Roller 20 80 74
Tractor 40 84 78
Water Truck 40 80 74
Grader 40 85 79
General Industrial Equipment 50 85 79
Notes: The Acoustical Use Factor (percent) estimates the fraction of time each piece of construction equipment is operating at full power
(i.e., its loudest condition) during a construction operation.
Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, 2018.
Sensitive receptors closest to the Project site include residences located approximately 164 feet
southwest from the active construction zone. These sensitive receptors may be exposed to
elevated noise levels during Project construction. However, construction noise would be
acoustically dispersed throughout the project site and not concentrated in one area near
surrounding sensitive uses. As shown in Table 18, maximum construction equipment noise levels
would not exceed 84 dBA Lmax at 100 feet. Therefore, construction noise would not exceed the
85 dBA Leq (over an eight-hour period) standard. It should be noted that Lmax levels are considered
worst-case and these noise levels would be lower when averaged over an eight-hour period.
As discussed above, the City’s Noise Ordinance does not establish quantitative construction noise
standards. Instead, the Noise Ordinance has established allowable hours of construction. Section
8.54.070 of the City’s Municipal Code exempts noise associated with construction provided that
construction activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. The
construction contractor would be required to comply with noise regulations prescribing the
hours allowed for construction activity identified in Section 8.54.070 of the City’s Municipal Code.
Additionally, implementation of MM NOI-1 would further minimize impacts from construction
noise as it requires construction equipment to be equipped with properly operating and
maintained mufflers and other state-required noise attenuation devices as well as requiring
staging areas to be located away from sensitive receptors. With implementation of MM NOI-1,
construction noise impacts would be less than significant.
Long-Term Operational Impacts
The Project proposes a warehouse facility that would involve stationary noise sources such as
mechanical equipment, truck loading/unloading, and parking activities.
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Mechanical Noise
Typically, mechanical equipment noise is 55 dBA at 50 feet from the source. The nearest sensitive
receptors, residential uses, are located approximately 260 feet southwest of the closest proposed
building. Heating Ventilation and Air Conditioning (HVAC) units would be included on the roof of
the structure and would be located toward the center of the structure and be located behind a
parapet. Noise attenuation would occur due to the housing structure and distance from t he
nearest sensitive receptors (approximately 260 feet). Thus, the proposed Project would likely not
result in additional noise impacts to nearby receptors from HVAC units, and the nearest receptors
would not be directly exposed to substantial noise from on-site mechanical equipment. Impacts
in this regard would be less than significant .
Truck Movement and Loading/Unloading Noise
During loading and unloading activities, noise would be generated by the trucks’ diesel engines,
exhaust systems, and brakes during low gear shifting’ braking activities; backing up toward the
docks; dropping down the dock ramps; and maneuvering away from the docks.
Loading/unloading activities would occur on the north and west sides of the project site.
Driveways and access to the site would occur along Central Avenue and Washington Avenue.
Typically, heavy truck operations generate a noise level of 68 dBA at a distance of 30 feet. The
closest residences would be located 50 feet southwest of the drive aisle. These closet residencies
would experience truck noise levels of approximately 63.6 dBA, which is below the City’s 65 dBA
exterior noise standard.
The Project proposes the construction of a 467,125-square foot warehouse facility. The building
would be equipped with dock-high doors for truck loading/unloading and industrial operations
on both sides of the building. The dock-high doors are concentrated away from the residential
uses east of the project site. Loading dock noise is typically 68 dB at 50 feet. At the closest
sensitive receptors from the loading areas (approximately 260 feet away), noise levels would
attenuate to approximately 53.7 dBA. Therefore, noise levels associated with truck
maneuvering/parking and loading/unloading would not exceed the City’s 65 dBA exterior noi se
standard at the closest sensitive receptors.
Parking Noise
The Project would provide 385 parking stalls. Nominal parking noise would occur within the on-
site parking areas. Traffic associated with parking lots is typically not of sufficient volume to
exceed community noise standards, which are based on a time -averaged scale such as the CNEL
scale. The instantaneous maximum sound levels generated by a car door slamming, engine
starting up, and car pass-bys range from 53 to 61 dBA49 and may be an annoyance to adjacent
49 Kariel, H. G., Noise in Rural Recreational Environments, Canadian Acoustics 19(5), 3-10, 1991.
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noise-sensitive receptors. Conversations in parking areas may also be an annoyance to adjacent
sensitive receptors. Sound levels of speech typically range from 33 dBA at 50 feet for normal
speech to 50 dBA at 50 feet for very loud speech.50 These noise levels would not exceed the
City’s 65 dBA exterior noise standard. It should be noted that parking lot noises are instantaneous
noise levels compared to noise standards in the hourly Leq metric, which are averaged over the
entire duration of a time period.
Additionally, parking noise also currently occurs on-site (with the school, park and residential
uses) and currently occur at the adjacent properties to the north, south and east under existing
conditions. Parking and driveway noise would be consistent with existing noise in the vicinity and
would be partially masked by background traffic noise from motor vehicles traveling along
Central Avenue, Waterman Avenue, Foisy Street, Valley View Avenue, and Norman Road. Actual
noise levels over time resulting from parking activities are anticipated to be far below the local
noise standards. Therefore, noise impacts associated with parking would be less than significant.
Traffic Noise Impacts
According to the Traffic Impact Analysis, the Project would generate 813 average daily trips,
which would result in noise increases on Project area roadways. In general, traffic noise increase
of less than 3 dBA is barely perceptible to people, while a 5‐dBA increase is readily noticeable
(Caltrans, 2013). Generally, traffic volumes on project area roadways would have to
approximately double for the resulting traffic noise levels to increase by 3 dBA. Therefore,
permanent increases in ambient noise levels of less than 3 dBA are considered to be less than
significant.
Traffic noise levels for roadways primarily affected by the proposed Project were calculated using
the FHWA’s Highway Noise Prediction Model (FHWA-RD-77-108). Traffic noise modeling was
conducted for conditions with and without the Project, based on traffic volumes obtained from
the Project Traffic Impact Study (Kimley-Horn 2020).
Table 19, Horizon Year Project Traffic Noise Levels analyzes traffic noise in the Horizon Year
(2040). As shown in Table 19, the increase from “Without Project” noise levels would be less than
3 dBA along all roadway segments listed in the Traffic Impact Study. As shown in Table 19, the
proposed Project’s contributions to off-site roadway noise increases would not cause any
significant impacts to any existing or future sensitives noise receptors. Due to the negligible and
imperceptible change in noise levels, operational noise impacts would be less than significant.
50 Elliott H. Berger, Rick Neitzel, and Cynthia A. Kladden, Noise Navigator Sound Level Database with Over 1700 Measurement
Values, 2015.
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Table 19: Horizon Year Project Traffic Noise Levels
Mitigation Measures
MM NOI-1 During all project site excavation and grading, the construction contractors shall
equip all construction equipment, fixed or mobile, with properly operating and
maintained mufflers, consistent with the manufacturers’ standards. The
construction contractors shall place all stationary construction equipment so that
emitted noise is directed away from the noise sensitive receptors (residences)
nearest the Project site.
(b) Generation of excessive ground borne vibration or ground borne noise levels?
Less than Significant. Project construction can generate varying degrees of ground-borne
vibration, depending on the construction procedure and the construction equipment used.
Operation of construction equipment generates vibrations that spread through the ground and
diminish in amplitude with distance from the source. The effect on buildings located in the vicinity
of the construction site often varies depending on soil type, ground strata, and construction
characteristics of the receiver building(s). The results from vibration can range from no
perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible
vibration at moderate levels, to slight damage at the highest levels. Ground-borne vibrations
from construction activities rarely reach levels that damage structures.
The Federal Transit Administration (FTA) has published standard vibration velocities for
construction equipment operations. In general, the FTA architectural damage criterion for
continuous vibrations (i.e., 0.20 inches per second) appears to be conservative. The types of
construction vibration impact include human annoyance and building damage. Human
annoyance occurs when construction vibration rises significantly above the threshold of human
perception for extended periods of time. Building damage can be cosmetic or structural. Typical
Roadway Segment
Opening
Year
Without
Project
(dBA CNEL)
Opening
Year With
Project
(dBA CNEL)
Horizon
Year With
Project
Noise Level
(dBA CNEL) Change
Significant
Impacts
Orange
Show Road
West of Waterman Avenue1 69.6 70.2 69.5 -0.1 No
East of Waterman Avenue1 69.3 70.0 69.2 -0.1 No
Waterman
Avenue
North of Central Avenue 70.7 71.6 71.7 1.0 No
Central Ave. to Orange Show Rd. 70.8 71.7 71.7 0.9 No
South of Orange Show Road 70.8 71.8 72.3 1.5 No
ADT=average daily trips; dBA=A-weighted decibels; CNEL=community noise equivalent level; refer to Appendix H for traffic noise modeling
assumptions and results.
1. Traffic volumes are from the SBTAM model which shows a decrease in ADT between 2012 and 2040 on Orange Show Road west of Waterman
Avenue.
Source: Kimley-Horn and Associates, Traffic Impact Study, 2020. (See Appendix I)
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vibration produced by construction equipment is illustrated in Table 20, Typical Vibration Levels
for Construction Equipment.
Table 20: Typical Vibration Levels for Construction Equipment
Equipment Approximate Peak Particle Velocity at Distance (Inches Per Second)
25 Feet 50 Feet 100 Feet
Large Bulldozer 0.089 0.0315 0.0111
Loaded Trucks 0.076 0.0269 0.0095
Small Bulldozer 0.003 0.0011 0.0004
Jackhammer 0.035 0.0124 0.0044
Vibratory Compactor 0.210 0.0742 0.0263
Notes:
Calculated using the following formula: PPVequip = PPVref x (25/D)1.5; where PPVequip= the peak particle velocity in inches per second of the
equipment adjusted for the distance; PPVref= the reference vibration level in inches per second from Table 7-4 of the FTA Transit Noise and
Vibration Impact Assessment Manual; D=distance from equipment to receiver.
Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, September 2018.
Ground-borne vibration decreases rapidly with distance. The proposed Project would not require
pile driving. As indicated in Table 20, based on the FTA data, vibration velocities from typical
heavy construction equipment operations that would be used during Project construction range
from 0.003 to 0.210 inch-per-second peak particle velocity (PPV) at 25 feet from the source of
activity. As noted in Table 20, vibration at 50 feet would range from 0.0011 to 0.0742 PPV.
Construction activities would occur as close as approximately 164 feet from the nearest adjacent
building. Therefore, vibration from construction activities experienced at the nearest adjacent
building would be expected to be below the 0.20 inch-per-second PPV significance threshold.
Thus, a less than significant impact would occur in this regard.
Additionally, Project operations associated with the proposed warehouse use would not
generate ground-borne vibration that could be felt at surrounding uses. Operational vibration
would also be less than significant; no major equipment that would be capable of transmitting
vibrations beyond the property boundaries is envisioned, and the rubber-tired heavy and
medium trucks and automobiles associated with Project operations would not create vibration
levels higher than already experienced along the adjacent arterial roadways. Less than significant
impacts would occur in this regard.
(c) For a project located within the vicinity of a private airstrip or an airport land use plan or,
where such a plan has not been adopted, within two miles of a pu blic airport or public use
airport, would the project expose people residing or working in the project area to excessive
noise levels?
Less than Significant. The San Bernardino International Airport is located approximately 1.4 miles
west of the Project site. The Project site is located outside of the 65 dBA CNEL noise level contour
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boundary of the airport.51 No exterior or interior noise mitigation is required to satisfy the City’s
General Plan Noise Element policies. Further, standard building construction typically provides
up to 25 dBA CNEL of attenuation, which would reduce the interior noise levels within the
building at the project site to satisfy the 45 dBA CNEL interior noise le vel standard of the City’s
General Plan Noise Element.
51 San Bernardino International Airport Authority, San Bernardino International Airport, Airport Layout Plan Narrative Report,
November 2010.
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Population and Housing
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
14. POPULATION AND HOUSING. Would the project:
a) Induce substantial unplanned population growth in an
area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
X
b) Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
X
Environmental Setting
According to the California Department of Finance (DOF), in 2019, the City of San Bernardino had
a population of 218,992 residents with approximately 65,677 homes.52 The vacancy rate for
housing in the City is estimated at 8.4 percent.
(a) Induce substantial unplanned population growth in an area, either directly (for example, by
proposing new homes and businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
Less than Significant. Population growth in the City of San Bernardino has continuously been on
the rise since 2010. In 2010, the population in the City was 209,924 people and approximately
218,992 in 2019. Household units have seen a slight growth from approximately 65,401 in 2010
to about 65,677 in 2019.53 The proposed Project involves the development of a new warehouse
building and does not include the construction of new homes or the extension of roads.
Therefore, it would not directly or indirectly induce population growth in the area. The Project
would generate temporary construction employment. However, construction workers generally
travel from work site to work site and do not relocate for a specific projec t of average size, such
as the Project.
The Project would generate operational employment. Projected employment densities for
various land uses vary widely, depending on the location and actual business activities. The
unemployment rate in San Bernardino County from 2015 to 2040 will see an approximately 1.3
52 California Department of Finance (DOF). 2018. Report E-5 Population and Housing Estimates for Cities, Counties, and the
State, January 1, 2011-2019, with 2010 Benchmark. Available at: http://dof.ca.gov/Forecasting/Demographics/Estimates/E-5/.
Accessed on January 12, 2020.
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percent change, or approximately 299,000 new jobs, which is the second-highest in the region
behind Riverside County (SCAG 2016). Thus, it is expected that the project would absorb workers
from the regional labor force and would not attract new workers into the region. As such, impacts
would be less than significant.
(b) Displace substantial numbers of existing people or housing, necessitating the construction
of replacement housing elsewhere?
No Impact. The proposed Project site contains two residential dwelling units. Property owners
have voluntarily sold their properties and have the means to purchase a home within or outside
of the City. No evictions of people or housing is anticipated to occur due to the development of
the proposed Project. The city and surrounding communities have adequate available housing to
accommodate the voluntarily displaced residents, in addition to housing assistance programs
administered by the County of San Bernardino and City of San Bernardino. As a result, the
construction of replacement housing would not be necessary. No impact would occur.
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Public Services
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
15. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities or need for new or physical altered
governmental facilities, the construction of which could cause significant environmental impacts, in order
to maintain acceptable service ratios, response times, or other performance objectives for any of the
public services:
a) Fire protection? X
b) Police protection? X
c) Schools? X
d) Parks? X
e) Other public facilities? X
(a) Fire Protection?
Less than Significant. San Bernardino County Fire East Valley Division provides fire protection
services to the City, inclusive of the Project site. The closest fire stations to the Project site are
Station #221 at 200 E. 3rd Street, located approximately 1.5 miles north and Station #231 located
at 450 East Vanderbilt Way, approximately 1.0 miles south of the Project site. The existing use of
the site is a charter school, park, residential uses, and vacant land. The proposed use would be a
warehouse/industrial site.
Because of the nature of the existing onsite uses (charter school) compared to the proposed
Project, it is anticipated that the proposed Project would not generate substantially more calls or
need for fire protection services than what is currently provided to the school and other onsite
uses. According to the National Fire Protection Association, between 2013-2017, U.S. fire
departments responded to an estimated average of 3,320 structure fires in schools each year,
and approximately 1,210 fires in warehouse propert ies per year between 2006-2015.54
Additionally, the Project will be constructed to meet the current CBC requirements and the
Project is subject to fire suppression development impact fees and other standards and
conditions required by the City, and County Fire. Fire protection ingress and egress will be
available via four driveways. Furthermore, the proposed Project site’s internal circulation would
54 National Fire Protection Association. 2016. Structure Fire in U.S. Warehouses and Structure Fires in Schools. Available at
https://www.nfpa.org/News-and-Research/Data-research-and-tools/Building-and-Life-Safety/Structure-Fires-in-US-
Warehouses. Additionally, https://www.nfpa.org/News-and-Research/Data-research-and-tools/Building-and-Life-
Safety/Structure-fires-in-schools. Accessed June 23, 2020.
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allow County Fire approved access. Impacts on fire services is anticipated to be less than
significant.
(b) Police Protection?
Less than Significant. Police protection services would be provided by the City of San Bernardino
Police Department (SBPD). The Police Department has 225 sworn officers and 150 non-sworn
employees. The closest police station is located at 710 North D Street, approximately 2.0 miles
northwest of the Project site. The Project is in an urbanized area and would be required to adhere
to all standards and conditions required by the City and the SBPD, including the payment of
impact fees. Additionally, adherence to conditions and standards identified by the City and the
SBPD are required of all development within the City. The Project is not anticipated to
substantially increase the need for police protection, and it is not anticipated to require or result
in the construction of new or physically altered law enforcement facilities. Prior to the issuance
of building permits, the Applicant is required to comply with the provisions of the City of San
Bernardino’s Development Impact Fee Ordinance (City Municipal Code, Chapter 3.27), which
requires a fee payment that the City applies to the funding of public facilities, including law
enforcement facilities, vehicles, and equipment. Additionally, the Project is not expected to result
in any unique or more extensive crime problems that cannot be handled with the existing level
of police resources, particularly given the current site uses that are generating demand for police
service (the school, park and residences). No new or expanded police facilities would need to be
constructed as a result of the Project. Therefore, impacts to police protection resources from
implementation of the proposed Project are considered less than significant.
(c) Schools?
No Impact. Although the proposed Project would take the place of the existing school, the County
of San Bernardino, the City of San Bernardino, and private investors have previously approved a
land exchange to relocate the NSLA charter school facility at 230 South Waterman, located
approximately 1.0 miles north. The relocated NSLA school Project was approved by the city on
February 5, 2020. Because a replacement of the school facility is currently underway, the
proposed Project would not increase the need for the construction of additional school facilities.
Additionally, the payment of school fees is mandated, and the State has determined that
payment of these fees is deemed sufficient to offset any potential impacts from the Project. Thus,
the proposed Project will not generate a substantial increase in elementary, middle, or high
school population. Therefore, any impacts are considered less than significant.
(d) Parks?
No Impact. Due to the industrial nature of the project, no new residents would be generated that
would be likely to impact or create a need for additional local parks or other public facilities. The
proposed Project would construct an industrial warehouse facility which would replace an
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existing charter school, Mill Center Park, and residential lots. The Mill Center Park is a privately-
owned multi-purpose park that provides a softball diamond, a soccer goal, and night lights.
The existing NSLA charter school would relocate approximately 1.0 miles northwest of the Project
site. The NSLA charter school is anticipated to provide replacement open space and recreational
facilities such as basketball courts, football field, soccer field, an outdoor track, and night lights.
The new NSLA recreational facilities are oriented toward existing residential in a more favorable
location, compared to the current park which is surrounded by industrial ly zoned land. The
Proposed project would not introduce new homes or a land use that would generate population
growth in such a way that existing parks would be affected. The loss of the existing privately-
owned Mill Center Park would be offset by providing new and improved recreational facilities at
the new NSLA campus. Therefore, there would be no impact to park services.
(e) Other public facilities?
No Impact. The proposed Project would not result in or induce significant population growth
because the proposed Project does not propose residential units that could introduce new
population in the area; therefore, no impacts to o ther public facilities would occur from Project
implementation.
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Recreation
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
16. RECREATION. Would the project:
a) Increase the use of existing neighborhood and regional
parks or other recreational facilities such that substantial
physical deterioration of the facility would occur or be
accelerated?
X
b) Include recreational facilities or require the construction
or expansion of recreational facilities which might have
an adverse physical effect on the environment?
X
The City of San Bernardino Parks, Recreation & Community Services Department is responsible
for the development, maintenance, and operation of City facilities. The Department offers 38
parks (includes open spaces and ballfields), 31 playground areas and several park locations with
walking tracks for your recreational activities.
(a) Increase the use of existing neighborhood and regional parks or other recreational facilities
such that substantial physical deterioration of the facility would occur or be accelerated?
No Impact. See Response (d), above and (b), below. The entire Project site is privately owned.
Existing recreational facilities would be replaced with the new and improved recreational
facilities at the new NSLA charter school location. No impact to recreational facilities are
anticipated.
(b) Include recreational facilities or require the construction or expansion of re creational
facilities which might have an adverse physical effect on the environment?
No Impact. The proposed Project does not involve construction of recreational facilities. The
Project would create a warehouse which would not introduce population growth and therefore
would not increase the use of existing neighborhood and regional parks or other recreational
facilities. No impacts would occur.
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Transportation
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
17. TRANSPORTATION. Would the project:
a) Conflict with a program, plan, ordinance or policy
addressing the circulation system, including transit,
roadways, bicycle and pedestrian facilities?
X
b) Conflict or be inconsistent with CEQA Guidelines Section
15064.4, subdivision (b)?
X
c) Substantially increase hazards due to a geometric design
feature (e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
X
d) Result in inadequate emergency access? X
Existing Street System
Regional Access is provided via Interstate 10 (I-10) at Waterman Avenue and Interstate 215
(I-215) at Orange Show Road and Inland Center Drive, approximately 1.5 miles east and west of
the Project site. A description of the roadways surrounding the Project site is provided below:55
E Street is a north-south roadway with 1 to 2 lanes in each direction, divided by designated bus
lanes (one in each direction) for the OmniTrans sbX Green Line bus service. The posted speed
limit is 40 mph and on-street parking is prohibited on both sides. E Street is designated as Major
Arterial in the City of San Bernardino Circulation Plan.
Waterman Avenue is a north-south trending divided roadway that provides two to three lanes in
each direction. The posted speed limit is 45 miles per hour (mph) and on-street parking is
prohibited on both sides. Waterman Avenue is designated as a Major Arterial in the City of San
Bernardino Circulation Plan. Waterman Avenue would provide access to the project site via a
right-in-right-out only driveway.
Foisy Street is a north-south trending undivided roadway with 1 lane in each direction. On-street
parking is permitted on both sides. Foisy Street would provide acces s to the project site via two
driveways and is designated as a local street in the City of San Bernardino Circulation Plan.
Tippecanoe Avenue is a north-south divided roadway that provides two to three lanes in each
direction. The posted speed limit is 45 mph and on-street parking is prohibited on both sides.
55 City of San Bernardino. 2005. General Plan, Figure C-2 – Circulation Plan.
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Tippecanoe Avenue is designated as a Major Arterial south of 3rd Street and a Secondary Arterial
north of 3rd Street in the City of San Bernardino Circulation Plan.
Mill Street is an east-west divided roadway that provides two lanes in each direction. The posted
speed limit is 35 mph and on-street parking is prohibited on both sides. Mill Street is classified as
a Major Arterial in the City of San Bernardino Circulation Plan.
Valley View Avenue is north-south trending undivided roadway 2 lanes in each direction south of
Central Avenue, and 1 lane in each direction north of Central Avenue. The posted speed limit is
40 mph and on-street parking is prohibited on both sides. Valley View Avenue is designated as
Secondary Arterial in the City of San Bernardino Circulation Plan.
Central Avenue is an east-west trending undivided roadway that provides two lanes in each
direction. A small portion of the road is divided with a raised median and wrought iron fence
immediately across from the Project site. The posted speed limit is 40 mph and on-street parking
is prohibited on both sides. Central Avenue is classified as a Secondary Arterial in the City of San
Bernardino Circulation Plan.
Orange Show Road is an east-west roadway that provides two lanes in each direction. The posted
speed limit is 50 mph in the project vicinity and on-street parking is prohibited on both sides.
Orange Show Road is classified as a Major Arterial in the City of San Bernardino Circulation Pl an.
Hospitality Lane is an east-west roadway that provides two lanes in each direction, as well as
designated bus lanes for the OmniTrans sbX Green Line bus service. The speed limit is 35 mph
and on-street parking is prohibited on both sides. Hospitality Lane is designated as a Major
Arterial on the City of San Bernardino Circulation Plan.
Existing Transit Service
Transit service to the Project area is provided by OmniTrans, which serves the City of San
Bernardino and surrounding cities. The nearest OmniTrans bus stops to the Project site are
located at the intersections of Waterman Avenue at Central Avenue located approximately 0.25
miles north, Waterman Avenue at Mill Street located approximately 0.2 miles west. Descriptions
of the bus route serving the Project area are provided below:
OmniTrans Route 5 operates in the City of San Bernardino, traveling along Waterman Avenue in
the Project vicinity. Route 5 operates on weekdays from approximately 4:40 AM to 10:45 PM
with approximately 30-minute headways, Saturdays from approximately 6:30 AM to 8:30 PM
with 1-hour headways, and Sundays from approximately 6:30 AM to 7:30 PM with 1-hour
headways.
Refer to Table 21, City of San Bernardino Multimodal Connectivity, for a list of facility types and
locations near the Project site.
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Table 21: City of San Bernardino Multimodal Connectivity
Facility Facility Type Facility Location
San Bernardino Metrolink Station Train Station (2.4-miles NW) 1170 W. 3rd Street
San Bernardino Bus Transit Center Bus Station (2.4-miles NW) 1170 W. 3rd Street
City-wide Bus Stops Bust Stops 0.2-mile west and throughout City
Bicycle Facilities
Bikeway planning and design in California typically rely on guidelines and design standards
established by Caltrans (2015) in the Highway Design Manual (Chapter 1000: Bicycle
Transportation Design). The manual describes three distinct types of bikeway facilities, as listed
below.
• Bike path (Class I) – A completely separate right-of-way designed for the exclusive use of
bicycle and pedestrian traffic with cross-flow minimized.
• Bike lane (Class II) – A striped lane for one-way bike travel on a street or highway, typically
including signs placed along the street segment.
• Bike route (Class III) – Provides a shared use with pedestrian or motor vehicle tr affic.
Typically, these facilities are city streets with signage designating the segment as a bike
route without additional striping or facilities.
The following are planning bicycle facilities in the vicinity of the Project site: Class I bicycle
facilities are planned at the Santa Ana River Trail located approximately 0.6-miles west of the
Project site. Class II bicycle facilities are planned along Tippecanoe Avenue, Mill Street, and
Orange Show Road, located approximately 0.4 to 0.8-miles north, south and east of the Project
site.56
Pedestrian Facilities
The Project site is bounded by Central Avenue on the north, Valley View Avenue on the east, and
Foisy Street on the west. Foisy Street does not provide curb and gutter. Central Avenue is roughly
fifty percent fully developed with pedestrian facilities/sidewalks. The remaining portions of the
sidewalks are composed of dirt and/or ruderal grasses. Valley View Avenue is fully developed
with curb/gutter and crosswalks.
Implementation of the proposed Project wou ld fully develop the site, including the offsite
pedestrian facilities/sidewalks. The fully developed sidewalk network would provide employees
and residents with connected infrastructure for movement around the proposed Project. The
sidewalks will allow employees and residents to walk to the transit stops referenced above.
56 Non-Motorized Transportation Plan – Adopted June 2018. Non-Motorized Transportation Plan. Available at
https://sbcta.maps.arcgis.com/apps/webappviewer/index.html?id=e41d902a89d04866b55078333432c353, accessed on
February 15, 2020.
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Circulation
The project will remove the median and wrought-iron fence along Central Avenue, as well as the
school drop off zone. Internal drive aisle widths throughout the site would range from 30 feet to
40 feet along the primary truck paths.
The Project will include 208 standard parking stalls, 24 clean air stalls, 57 trailer stalls, 92 dock
doors, and 4 grade level doors for a total of 385 stalls.
Site Access
The Project site access would consist of two driveways on Central Avenue and two driveways on
Foisy Street.
• Driveway 1 – The eastern driveway on Central Avenue will be full movement. It is show
on the site plan to be 40-feet wide and would accommodate both passenger cars, and
trucks.
• Driveway 2 – The western driveway along Central Avenue will be full movement. It is
shown on the site plan to be 30-feet wide and would accommodate passenger cars only.
• Driveway 3 – The northern driveway along Foisy Street will be full movement. It is shown
on the site plan to be 40-feet wide and would accommodate both passenger cars and
trucks.
• Driveway 4 – The southern driveway along Foisy Street will be full movement. It is show
on the site plan to be 40-feet wide and would accommodate both passenger cars and
trucks.
Intersection Analysis – HCM Methodology
Peak hour intersection operations were evaluated using the methodology outlines in the
Highway Capacity Manual (HCM), consistent with the requirements of the City of San Bernardino
and the San Bernardino County CMP. The intersection analysis was conducted using the Vistro
software program and using the input parameters specified in the San Bernardino County CMP.
Consistent with the HCM Methodology, Level of Service (LOS) for signalized intersections is
defined in terms of average vehicle delay. Specifically, LOS criteria are stated in terms of the
average control delay per vehicle during the peak hours. The average control delay includes initial
deceleration delay, queue move-up time, and final acceleration time in addition to the stop delay.
The procedure for unsignalized intersection analysis determines the average total delay,
expressed in seconds of delay per vehicle, for left turns from the major street and from the stop
controlled minor street traffic stream. Delay values are calculated based on the relationship
between traffic on the major street and the availability of acceptable “gaps” in this stream
through which conflicting traffic movements can be made.
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The following chart provides a description of the operating characteristics of each Level of Service
and average seconds of delay for signalized and unsignalized intersections.
Table 22: Level of Service Criteria for Signalized and Unsignalized Intersections
Level of Service1
Signalized Intersection (Average delay per
vehicle, in seconds)2
Unsignalized Intersections (Average delay
per vehicle, in seconds)3
A ≤10 0-10
B >10 - 20 >10 - 20
C >20 - 35 >15 - 25
D >35 - 55 >25 - 35
E >55 - 80 >35 - 50
F >80 >50
1 Per the San Bernardino County CMP, intersections will be considered deficient (LOS F)
if the critical v/c ratio equals or exceeds 1.0.
2 Source: Highway Capacity Manual (HCM 2010)
3 Source: Highway Capacity Manual (HCM 2010)
LEVEL OF SERVICE DEFINITIONS
Level of
Service Description
A
No approach phase is fully utilized by traffic and no vehicle waits longer than one red indication.
Typically, the approach appears quite open, turns are made easily and nearly all drivers find freedom of
operation.
B
This service level represents stable operation, where an occasional approach phase
is fully utilized and a substantial number are approaching full use . Many drivers begin to feel restricted
within platoons of vehicles.
C
This level still represents stable operating conditions. Occasionally drivers may have to wait through
more than one red signal indication, and backups may develop behind turning vehicles. Most drivers feel
somewhat restricted but not objectionably so.
D
This level encompasses a zone of increasing restriction, approaching instability at the intersection. Delays
to approaching vehicles may be substantial during short peaks within the peak period; however, enough
cycles with lower demand occur to permit periodic clearance of developing queues, thus preventing
excessive backups.
E
Capacity occurs at the upper end of this service level. It represents the most vehicles that any particular
intersection approach can accommodate. Full utilization of every signal cycle is seldom attained no
matter how great the demand.
F
This level describes forced flow operations at low speeds, where volumes exceed capacity. These
conditions usually result from queues of vehicles backing up from a restriction downstream. Speeds are
reduced substantially and stoppages may occur for short or long periods of time due to the congestion.
In the extreme case, both speed and volume can drop to zero.
Level of Service Standards and Measure of Significance
The City of San Bernardino General Plan Circulation Plan establishes minimum Level of Service
standards, which require that City intersections operate at LOS D or better during the morning
and evening peak hours, and that roadway segments operate at LOS C or better. Traffic impacts
at an intersection are considered to be significant when any of the following changes in the
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volume-to-capacity (v/c) ratio occurs between the “without project” and the “plus project”
conditions:
LOS Without Project V/C Difference
C >0.0400
D >0.0200
E, F >0.0100
According to the City of San Bernardino Traffic Impact Study Guidelines, new developments are
required to identify mitigation measures at intersections that show a significant pr oject impact
as shown above and operate at LOS D or worse under “Plus Project” conditions. The Level of
Service with mitigation must be improved to LOS D or better for intersections and LOS C or better
for roadway segments.
Analysis Scenarios and Methodology
In accordance with the City of San Bernardino Traffic Impact Study Guidelines, the project will be
evaluated in the morning and evening peak hours for the following conditions:
• Existing Conditions
• Opening Year 2023 Base
• Opening Year Base Plus Other Projects
• Opening Year Base Plus Other Projects Plus Project Traffic
o With Mitigation, if necessary
• Future Build-Out 2040 Cumulative
• Future Build-Out 2040 Cumulative Plus Project
o With Mitigation, if necessary
Study Intersections
The study locations were established in consultation with City staff through the Scoping
Agreement process (Scope of Study Form of the City of San Bernardino Traffic Impact Study
Guidelines).
1. I-215 SB Ramps at Mill Street
2. I-215 NB Ramps at Mill Street
3. E Street at Mill Street / Inland Center Drive
4. Waterman Avenue at Mill Street
5. Waterman Avenue at Central Avenue
6. I-215 SB Ramps at Auto Center Road
7. I-215 NB Ramps at Auto Center Road
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8. E Street at Orange Show Road
9. Waterman Avenue at Orange Show Road
10. Waterman Avenue at Hospitality Lane
11. Central Avenue at Tippecanoe Avenue
EXISTING CONDITIONS
Intersection Level of Service analysis was conducted for the morning and evening peak hours
using the analysis procedures and assumptions described previously in this report . The results
are shown on Table 23, Existing Conditions - Summary of Intersection Operations. Review of this
table indicates that all study intersections currently operate at an acceptable Level of Service in
both peak hours. Copies of the intersection analysis worksheets are provided in Appendix C to
the Traffic Impact Analysis provided as Appendix I of this ISMND.
Table 23: Existing Conditions - Summary of Intersection Operations
Int. # Intersection Traffic
Control
Peak
Hour
Existing Conditions
Delay
(sec/veh) V/C LOS
1 I-215 Southbound Ramps at Mill Street S AM 24.3 0.637 C
PM 26.2 0.683 C
2 I-215 Northbound Ramps at Mill Street S AM 21.3 0.469 C
PM 23.0 0.732 C
3 E Street at Mill Street/Inland Center
Drive S AM 31.9 0.499 C
PM 35.7 0.620 D
4 Waterman Avenue at Mill Street S AM 27.8 0.480 C
PM 28.2 0.551 C
5 Waterman Avenue at Central Avenue S AM 18.8 0.352 B
PM 17.6 0.437 B
6 I-215 Southbound Ramps at Auto
Center Road S AM 28.5 0.393 C
PM 23.2 0.386 C
7 I-215 Northbound Ramps at Auto
Center Road S AM 19.0 0.565 B
PM 28.3 0.898 C
8 E Street at Orange Show Road S AM 14.3 0.341 B
PM 28.0 0.778 C
9 Waterman Avenue at Orange Show
Road S AM 27.7 0.543 C
PM 30.6 0.690 C
10 Waterman Avenue at Hospitality Lane S AM 27.7 0.571 C
PM 34.5 0.690 C
11 Central Avenue at Tippecanoe Avenue S AM 17.9 0.420 B
PM 28.1 0.623 C
Notes:
- Level of Service is based on the delay value.
- Bold and shaded values indicate intersections operating at LOS E or F or significant impact to intersection per City standards.
- F* = Per County of San Bernardino CMP guidelines, the Level of Service for an intersection with a v/c of 1.0 or greater is LOS F.
- At a signalized intersection, delay refers to the average control delay for the entire intersection, measured in seconds per vehicle.
- At a two-way stop-controlled intersection, delay refers to the average vehicle delay on the movement with the highest delay.
- Delay values are based on the methodology outlined in the Highway Capacity Manual, 6th Edition.
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Int. # Intersection Traffic
Control
Peak
Hour
Existing Conditions
Delay
(sec/veh) V/C LOS
- S = Signalized
- U = Unsignalized
Study Road Segments
1. Orange Show Road – West of Waterman Avenue
2. Orange Show Road – East of Waterman Avenue
3. Waterman Avenue – North of Central Avenue
4. Waterman Avenue – Central Avenue to Orange Show Road
5. Waterman Avenue – South of Orange Show Road
Roadway Segments Analysis
The roadway segment analysis addresses the Project’s impact on daily operating conditions on
roadway segments within the Project vicinity. Roadway segments are evaluated by comparing
the daily traffic volume to the daily capacity of that segment, to determine the volume-to-
capacity (v/c) ratio. Daily capacity is based on the roadway classification, as shown below.
Table 24: City of San Bernardino Roadway Capacity Standards
Roadway Classification Number of Lanes Daily Capacity (Vehicles per Day)
Major Arterial 6 60,000
Major Arterial 4 40,000
Major Arterial 2 15,000
Secondary Arterial 4 30,000
Secondary Arterial 2 12,000
Collector Street 4 25,000
Collector Street 2 10,000
Source: City of San Bernardino General Plan
Existing Daily Roadway Operating Conditions
Roadway Level of Service analysis was conducted based on the roadway capacities presented in
the chart above. The results are shown on Table 25, Existing Conditions – Summary of Roadway
Segment Analysis. Review of this table indicates that all of the study roadway segments are
currently operating at an acceptable Level of Service.
Table 25: Existing Conditions – Summary of Roadway Segment Analysis
Roadway Segment Existing
Configuration
LOS E
Capacity1
Existing
ADT V/C LOS
Orange
Show Road
West of Waterman Avenue 4 Lanes Divided 40,000 18,069 0.452 A
East of Waterman Avenue 4 Lanes Divided 40,000 16,916 0.423 A
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Waterman
Avenue
North of Central Avenue 4 Lanes Divided 40,000 23,001 0.575 A
Central Avenue to Orange Show Road 4 Lanes Divided 40,000 22,991 0.575 A
South of Orange Show Road 4 Lanes Divided 40,000 23,851 0.596 A
1 Per Specific Plan
Notes:
1Source: City of San Bernardino General Plan Update (2005)
LOS = Level of Service
ADT = Average Daily Traffic
V/C = Volume to Capacity
As shown above on Table 23, Existing Conditions - Summary of Intersection Operations, and
Table 25, Existing Conditions – Summary of Roadway Segment Analysis, under Existing
Conditions, all study intersections and roadway segments currently operate at an acceptable
Level of Service.
OPENING YEAR CONDITIONS
OPENING YEAR (2023) BASE (without Project)
Based on consultation with City staff, an ambient growth rate of 3.0% per year was applied to
existing traffic volumes to develop Opening Year Base (2023) forecasts; refer to Table 26,
Opening Year Base (2023).
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Table 26: Opening Year Base (2023)
Int. # Intersection Traffic
Control
Peak
Hour
Opening Year (2023)
Base Conditions
Delay
(sec/veh) V/C LOS
1 I-215 Southbound Ramps at Mill Street S AM 25.0 0.697 C
PM 26.6 0.746 C
2 I-215 Northbound Ramps at Mill Street S AM 20.9 0.512 C
PM 26.4 0.800 C
3 E Street at Mill Street/Inland Center Drive S AM 33.0 0.545 C
PM 37.5 0.677 D
4 Waterman Avenue at Mill Street S AM 28.2 0.525 C
PM 29.0 0.601 C
5 Waterman Avenue at Central Avenue S AM 19.2 0.383 B
PM 18.1 0.476 B
6 I-215 Southbound Ramps at Auto Center Road S AM 27.2 0.429 C
PM 23.0 0.422 C
7 I-215 Northbound Ramps at Auto Center Road S AM 19.6 0.617 B
PM 36.3 0.981 D
8 E Street at Orange Show Road S AM 14.4 0.381 B
PM 29.1 0.879 C
9 Waterman Avenue at Orange Show Road S AM 28.3 0.594 C
PM 32.0 0.754 C
10 Waterman Avenue at Hospitality Lane S AM 28.3 0.624 C
PM 35.4 0.749 D
11 Central Avenue at Tippecanoe Avenue S AM 18.3 0.459 B
PM 29.9 0.681 C
Notes:
- Level of Service is based on the delay value.
- Bold and shaded values indicate intersections operating at LOS E or F or significant impact to intersection per City standards.
- F* = Per County of San Bernardino CMP guidelines, the Level of Service for an intersection with a v/c of 1.0 or greater is LOS F.
- At a signalized intersection, delay refers to the average control delay for the entire intersection, measured in seconds per vehicle.
- At a two-way stop-controlled intersection, delay refers to the average vehicle delay on the movement with the highest delay.
- Delay values are based on the methodology outlined in the Highway Capacity Manual, 6th Edition.
- S = Signalized
- U = Unsignalized
Review of Table 26, Opening Year Base (2023), indicates that with the addition of ambient traffic
growth, all intersections would operate at an acceptable Level of Service.
Table 27: Opening Year Base (2023) – Summary of Roadway Segment Analysis
Roadway Segment LOS E
Capacity1
Existing
ADT
Opening Year
2023 Base
ADT
V/C LOS
Orange
Show Road
West of Waterman Avenue 40,000 18,069 19,744 0.494 A
East of Waterman Avenue 40,000 16,916 18,485 0.462 A
Waterman
Avenue
North of Central Avenue 40,000 23,001 25,134 0.628 B
Central Avenue to Orange Show Road 40,000 22,991 25,123 0.628 B
South of Orange Show Road 40,000 23,851 26,063 0.652 B
1 Per Specific Plan
Notes:
1Source: City of San Bernardino General Plan Update (2005)
LOS = Level of Service
ADT = Average Daily Traffic
V/C = Volume to Capacity
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The results of the Opening Year 2023 Base condition roadway analysis are shown above on
Table 27, Opening Year Base (2023) – Summary of Roadway Segment Analysis, indicates that with
the addition of background growth, each of the study roadway segments would continue to
operate at an acceptable Level of Service.
OPENING YEAR (2023) BASE PLUS OTHER (Cumulative) PROJECTS
Trip distribution and assignment for the Other (Cumulative) Projects were either obtained from
approved traffic studies, where available; or were developed by Kim ley-Horn if approved traffic
studies were not available. Table 5 – Summary of Other Projects can be found on Page 19 of the
TIA, provided as Appendix I to this Initial Study, which shows a list of the projects that were
considered in the Cumulative condition. A discussion on the additional trip distribution and
assignment can be found on Page 21 of the TIA under the heading, “Other Projects Trip
Distribution and Assignment”. Trip distribution assumptions for Other Projects are provided in
Appendix D to the Traffic Impact Analysis provided as Appendix I of this ISMND. Traffic volumes
associated with the Other Projects were compiled for each of the study intersections and
roadway segments. The Other Projects traffic volumes we re added to the Opening Year 2023
Base traffic volumes.
Peak Hour Operating Conditions
Intersection Level of Service analysis was conducted for Opening Year Base Plus Other Projects
conditions, and the results are shown below on Table 28, Opening Year Base (2023) Plus Other
(Cumulative) Projects – Summary of Intersection Operations. Intersection analysis worksheets for
this scenario are provided in Appendix C to the Traffic Impact Analysis provided as Appendix I of
this ISMND. Review of this table indicates that, with the addition of Othe r (Cumulative) Projects
traffic, the following intersection would operate at an unacceptable Level of Service:
• #7 – I-215 Northbound Ramps at Auto Center Road – PM LOS F1
Table 28: Opening Year Base (2023) Plus Other (Cumulative) Projects – Summary of
Intersection Operations
Int. # Intersection Traffic
Control
Peak
Hour
Opening Year (2023)
Base Conditions
Delay
(sec/veh) V/C LOS
1 I-215 Southbound Ramps at Mill Street S AM 26.4 0.760 C
PM 27.1 0.780 C
2 I-215 Northbound Ramps at Mill Street S AM 28.0 0.557 C
PM 30.3 0.843 C
3 E Street at Mill Street/Inland Center Drive S AM 36.0 0.652 D
PM 38.4 0.702 D
4 Waterman Avenue at Mill Street S AM 28.0 0.612 C
PM 29.1 0.634 C
5 Waterman Avenue at Central Avenue S AM 19.1 0.492 B
PM 18.5 0.505 B
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Int. # Intersection Traffic
Control
Peak
Hour
Opening Year (2023)
Base Conditions
Delay
(sec/veh) V/C LOS
6 I-215 Southbound Ramps at Auto Center Road S AM 26.2 0.457 C
PM 23.8 0.422 C
71 I-215 Northbound Ramps at Auto Center Road S AM 21.7 0.697 C
PM 46.2 1.040 F*
8 E Street at Orange Show Road S AM 15.3 0.481 B
PM 31.0 0.948 C
9 Waterman Avenue at Orange Show Road S AM 30.1 0.669 C
PM 34.5 0.808 C
10 Waterman Avenue at Hospitality Lane S AM 29.8 0.707 C
PM 37.8 0.802 D
11 Central Avenue at Tippecanoe Avenue S AM 19.5 0.486 B
PM 31.9 0.715 C
Notes:
- Level of Service is based on the delay value.
- Bold and shaded values indicate intersections operating at LOS E or F or significant impact to intersection per City standards.
- F* = Per County of San Bernardino CMP guidelines, the Level of Service for an intersection with a v/c of 1.0 or greater is LOS F.
- At a signalized intersection, delay refers to the average control delay for the entire intersection, measured in seconds per vehicle.
- At a two-way stop-controlled intersection, delay refers to the average vehicle delay on the movement with the highest delay.
- Delay values are based on the methodology outlined in the Highway Capacity Manual, 6th Edition.
- S = Signalized
- U = Unsignalized
1 Based on the delay results, the Level of Service for intersection #7 would be LOS D. However, in accordance with the San Bernardino
County CMP, since the v/c ratio exceeds 1.0, the intersection Level of Service is automatically LOS F
Daily Roadway Operating Conditions (without Project)
Roadway Level of Service analysis was conducted for the Opening Year Base Plus Other
(Cumulative) Projects condition. The results are summarized in Table 29, Opening Year Base
(2023) Plus Other (Cumulative) Projects – Summary of Roadway Segment Analysis. Review of this
table indicates that with the addition of Other (Cumulative) Projects traffic, all study roadway
segments would continue to operate at an acceptable Level of Service.
Table 29: Opening Year Base (2023) Plus Other (Cumulative) Projects – Summary of Roadway Segment
Analysis
Roadway Segment LOS E
Capacity1
Opening Year
2023 Base
ADT
Other
(Cumulative)
Projects ADT
Opening
Year 2023
Plus Other
Projects ADT
V/C LOS
Orange
Show
Road
West of Waterman Avenue 40,000 19,744 1,890 21,634 0.541 A
East of Waterman Avenue 40,000 18,485 1,300 19,785 0.495 A
Waterman
Avenue
North of Central Avenue 40,000 25,134 2,056 27,190 0.680 B
Central Avenue to Orange
Show Road 40,000 25,123 2,960 28,083 0.702 C
South of Orange Show
Road 40,000 26,063 2,698 28,761 0.719 C
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Roadway Segment LOS E
Capacity1
Opening Year
2023 Base
ADT
Other
(Cumulative)
Projects ADT
Opening
Year 2023
Plus Other
Projects ADT
V/C LOS
1 Per Specific Plan
Notes:
1Source: City of San Bernardino General Plan Update (2005)
LOS = Level of Service
ADT = Average Daily Traffic
V/C = Volume to Capacity
PROJECT TRAFFIC
Project Trip Generation
Trip generation estimates for the Foisy East Warehouse Project are based on daily and peak hour
trip generation rates obtained from the Institute of Transportation Engineers (ITE) Trip
Generation Manual (10th Edition):
• ITE Land Use 150: Warehouse
The level of service criteria for signalized and unsignalized intersections was determined using
the Highway Capacity Manual (HCM) 2010 Edition, consistent with the requirements of the City
of San Bernardino and the San Bernardino County CMP. The intersection analysis was conducted
using the Vistro software program and using the input parameters specified in the San Bernardino
County CMP. Existing intersection and roadway traffic volumes were collected on a typical
weekday (Tuesday, Wednesday, or Thursday) in January 2020.
The trip rates and the estimated Project trip generation are shown on Table 30, Summary of
Project Trip Generation. The proposed Project is estimated to generate 1,065 passenger car
equivalent (PCE) trips on a daily basis, with 105 PCE trips in the morning peak hour and 116 trips
in the evening peak hour.
The Project site is currently developed with the Norton Science and Language Academy school ,
residential, and private open space.
Table 30: Summary of Project Trip Generation
ITE Land Use ITE Code Unit
Trip Generation Rates
Daily AM Peak Hour PM Peak Hour
In Out Total In Out Total
Warehousing 150 KSF 1.740 0.131 0.039 0.170 0.051 0.139 0.190
PROJECT TRIP GENERATION
Project Land Use Quantity Unit
Project Trip Generation
Daily AM Peak Hour PM Peak Hour
In Out Total In Out Total
FORMER USE
Norton Science and Language
Academy2 906 Student 3724 515 456 971 109 127 236
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ITE Land Use ITE Code Unit
Trip Generation Rates
Daily AM Peak Hour PM Peak Hour
In Out Total In Out Total
PROPOSED USE
Warehousing 467.280 KSF 813 61 18 79 24 65
Passenger Vehicles 79.57% 647 49 14 63 19 52
Trucks 20.43% 166 12 4 16 5 13
PROJECT TRIPS – PASSENGER CAR EQUIVALENTS (PCE)
Vehicle
Type
Vehicle
Mix1
Daily
Vehicles
PCE
Factor Daily
Project Trip Generation
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Passenger
Vehicles 79.57% 647 1.0 647 49 14 63 19 52 71
2-Axle Trucks 3.46% 28 1.5 42 3 1 4 1 3 4
2-Axle Trucks 4.64% 38 2.0 76 6 2 8 2 6 8
2-Axle Trucks 12.33% 100 3.0 300 23 7 30 9 24 33
Total Truck PCE Trips 418 32 10 42 12 33 45
Total Project PCE Trips 1,065 81 24 105 31 85 116
Former Use Trips 3,724 515 456 971 109 127 236
Net Difference (Proposed Minus Existing) -2,659 -434 -432 -866 -78 -42 -120
Source: Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition
PCE = Passenger Car Equivalent
KSF = Thousand Square Feet
1 Source: Truck Trip Generation Study - City of Fontana, August 2003
2 Source: Trip Generation Study - Norton Science and Language Academy (November 2019)
OPENING YEAR (2023) BASE PLUS OTHER PROJECTS PLUS PROJECT
Project-related traffic for the Foisy East Warehouse project was added to the Opening Year Base
Plus Other Projects traffic volumes.
Peak Hour Operating Conditions
Intersection Level of Service analysis was conducted for the Opening Year Base Plus Other
Projects Plus Project condition. The results are shown below on Table 31, Opening Year Base
(2023) Plus Other Projects Plus Project – Summary of Intersection Operations.
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Table 31: Opening Year Base (2023) Plus Other Projects Plus Project – Summary of Intersection Operations
Int. # Intersection Traffic
Control
Peak
Hour
Opening Year Base (2022)
Plus Other Projects
Opening Year Base (2022)
Plus Other Projects Plus
Project
Project Impact/
Significance*
Delay
(sec/veh) V/C LOS Delay
(sec/veh) V/C LOS Delay
(sec/veh) V/C Sig.
1 I-215 Southbound Ramps at Mill Street S AM 26.4 0.760 C 26.5 0.757 C 0.1 -0.003 No
PM 27.1 0.780 C 27.0 0.779 C -0.1 -0.001 No
2 I-215 Northbound Ramps at Mill Street S AM 28.0 0.557 D 27.8 0.560 C -0.2 0.003 No
PM 30.3 0.843 C 26.8 0.855 C -3.5 0.012 No
3 E Street at Mill Street/Inland Center
Drive S AM 36.0 0.652 D 36.9 0.663 D 0.9 0.011 No
PM 38.4 0.702 D 39.0 0.711 D 0.6 0.009 No
4 Waterman Avenue at Mill Street S AM 28.0 0.612 C 28.2 0.634 C 0.2 0.022 No
PM 29.1 0.634 C 29.4 0.649 C 0.3 0.015 No
5 Waterman Avenue at Central Avenue S AM 19.1 0.492 B 19.9 0.529 B 0.8 0.037 No
PM 18.5 0.505 B 19.4 0.527 B 0.9 0.022 No
6 I-215 Southbound Ramps at Auto Center
Road S AM 26.2 0.457 C 26.2 0.457 C 0.0 0.000 No
PM 23.8 0.422 C 23.8 0.422 C 0.0 0.000 No
7 I-215 Northbound Ramps at Auto Center
Road S AM 21.7 0.697 C 21.8 0.701 C 0.1 0.004 No
PM 46.2 1.040 F* 46.6 1.042 F* 0.4 0.002 No
8 E Street at Orange Show Road S AM 15.3 0.481 B 15.3 0.484 B 0.0 0.003 No
PM 31.0 0.948 C 32.4 0.955 C 1.4 0.007 No
9 Waterman Avenue at Orange Show Road S AM 30.1 0.669 C 30.6 0.683 C 0.5 0.014 No
PM 34.5 0.808 C 34.9 0.823 C 0.4 0.015 No
10 Waterman Avenue at Hospitality Lane S AM 29.8 0.707 C 30.5 0.721 C 0.7 0.014 No
PM 37.8 0.802 D 38.6 0.812 D 0.8 0.010 No
11 Central Avenue at Tippecanoe Avenue S AM 19.5 0.486 B 19.5 0.486 B 0.0 0.000 No
PM 31.9 0.715 C 32.0 0.718 C 0.1 0.003 No
D1 Central Avenue at Driveway 1 U AM - - - 13.8 0.007 B - - -
PM - - - 13.7 0.024 C - - -
D2 Central Avenue at Driveway 2 U AM - - - 13.9 0.002 C - - -
PM - - - 13.7 0.012 C - - -
D3 Foisy Street at Driveway 3 U AM - - - 8.4 0.010 A - - -
PM - - - 8.5 0.041 A - - -
D4 Foisy Street at Driveway 4 U AM - - - 8.3 0.006 A - - -
PM - - - 8.4 0.016 A - - -
Source: Kimley-Horn. February 2020. Traffic Impact Analysis. (See Appendix I)
Notes:
- Level of Service is based on the delay value.
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Int. # Intersection Traffic
Control
Peak
Hour
Opening Year Base (2022)
Plus Other Projects
Opening Year Base (2022)
Plus Other Projects Plus
Project
Project Impact/
Significance*
Delay
(sec/veh) V/C LOS Delay
(sec/veh) V/C LOS Delay
(sec/veh) V/C Sig.
- Bold and shaded values indicate intersections operating at LOS E or F or significant impact to intersection per City standards.
- At a signalized intersection, delay refers to the average control delay for the entire intersection, measured in seconds per vehicle.
- At a two-way stop-controlled intersection, delay refers to the average vehicle delay on the movement with the highest delay.
- Delay values are based on the methodology outlined in the Highway Capacity Manual, 6th Edition.
- S = Signalized
- U = Unsignalized
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Copies of the intersection analysis worksheets are provided in Appendix C to the Traffic Impact
Analysis, which is provided as Appendix I of this ISMND. Review of Table 29, indicates that, with
the addition of Project traffic, the following intersection would continue to operate at an
unacceptable Level of Service:
• #7 – I-215 Northbound Ramps at Auto Center Road – PM LOS F1
1 Intersection delay would be LOS D, v/c would be greater than 1.0.
Based on the significant impact criteria in the City’s Traffic Impact Study Guidelines, with the
addition of Project traffic, none of the study intersections would have a significant impact.
Daily Roadway Operating Conditions
The results of the Opening Year Base Plus Other Projects Plus Project condition roadway Level of
Service analysis are summarized on Table 32, Opening Year Base (2023) Plus Other Projects Plus
Project – Summary of Roadway Segment Analysis.
Table 32: Opening Year Base (2023) Plus Other Projects Plus Project – Summary of Roadway Segment
Analysis
Roadway Segment LOS E
Capacity1
Opening Year
Plus Other
Projects ADT
Project ADT
Opening
Year 2023
Plus Other
Projects Plus
Projects ADT
V/C LOS
Orange
Show
Road
West of Waterman Avenue 40,000 21,634 186 21,820 0.546 A
East of Waterman Avenue 40,000 19,785 0 19,785 0.495 A
Waterman
Avenue
North of Central Avenue 40,000 27,190 332 27,522 0.688 B
Central Avenue to Orange
Show Road 40,000 28,083 638 28,721 0.718 C
South of Orange Show
Road 40,000 28,761 452 29,213 0.730 C
Notes:
Source: 1City of San Bernardino General Plan Update (2005)
LOS = Level of Service
ADT = Average Daily Traffic
V/C = Volume to Capacity
Review of this table indicates that with the addition of Project traffic, all study roadway segments
would continue to operate at an acceptable Level of Service.
FUTURE CONDITIONS
Future Build-Out 2040 Cumulative Base Conditions
To derive the Future Build-Out 2040 Cumulative Base intersection turning movement forecasts,
the San Bernardino Transportation Analysis Model (SBTAM) Base Year 2012 and Build -out Year
2040 future traffic projections were used. The raw volumes obtained from the model output
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were post- processed by determining the annual growth between the base model year and the
future model year and applying the growth increment to existing count volumes. This was
accomplished using the B- Turns methodology, developed by the Federal Highway Administration
(FHWA).
As a conservative approach, if a turning movement volume produced by this process was less
than the Opening Year Base Plus Other Projects forecast volume for that movement, manual
adjustments were made to assure that all forecast build-out year volumes would not be less than
the Opening Year Base Plus Other Projects forecast volumes. The SBTAM Model plots and B-Turns
worksheets are provided in Appendix E to the Traffic Impact Analysis which is available as
Appendix I of this ISMND.
Peak Hour Operating Conditions
An intersection Level of Service analysis was conducted for the Future Build-Out 2040 Cumulative
Base condition, and the results are shown on Table 33, Future Build-Out 2040 Cumulative Base –
Summary of Intersection Operations. Copies of intersection analysis worksheets are provided in
Appendix C of the Traffic Impact Analysis which is available as Appendix I of this ISMND.
Table 33: Future Build-Out 2040 Cumulative Base – Summary of Intersection Operations
Int. # Intersection Traffic
Control
Peak
Hour
Opening Year (2023)
Base Conditions
Delay
(sec/veh) V/C LOS
1 I-215 Southbound Ramps at Mill Street S AM 32.3 0.827 C
PM 32.4 0.853 C
2 I-215 Northbound Ramps at Mill Street S AM 20.2 0.487 C
PM 28.8 0.841 C
3 E Street at Mill Street/Inland Center Drive S AM 33.8 0.734 C
PM 50.8 0.868 D
4 Waterman Avenue at Mill Street S AM 30.0 0.639 C
PM 38.5 0.855 D
5 Waterman Avenue at Central Avenue S AM 19.6 0.428 B
PM 19.6 0.504 B
6 I-215 Southbound Ramps at Auto Center Road S AM 25.2 0.471 C
PM 21.9 0.454 C
7 I-215 Northbound Ramps at Auto Center Road S AM 20.7 0.647 C
PM 40.8 0.996 D
8 E Street at Orange Show Road S AM 15.9 0.469 B
PM 29.9 0.916 C
9 Waterman Avenue at Orange Show Road S AM 29.4 0.608 C
PM 33.4 0.768 C
10 Waterman Avenue at Hospitality Lane S AM 30.0 0.707 C
PM 37.8 0.794 D
11 Central Avenue at Tippecanoe Avenue S AM 23.4 0.559 C
PM 53.0 0.782 D
Notes:
- Level of Service is based on the delay value.
- Bold and shaded values indicate intersections operating at LOS E or F or significant impact to intersection per City standards.
- F* = Per County of San Bernardino CMP guidelines, the Level of Service for an intersection with a v/c of 1.0 or greater is LOS F.
- At a signalized intersection, delay refers to the average control delay for the entire intersection, measured in seconds per vehicle.
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Int. # Intersection Traffic
Control
Peak
Hour
Opening Year (2023)
Base Conditions
Delay
(sec/veh) V/C LOS
- At a two-way stop-controlled intersection, delay refers to the average vehicle delay on the movement with the highest delay.
- Delay values are based on the methodology outlined in the Highway Capacity Manual, 6th Edition.
- S = Signalized
- U = Unsignalized
Review of Table 33 indicates that, under Future Build-out 2040 conditions, all study intersections
would operate at an acceptable Level of Service.
Daily Roadway Operating Conditions
Roadway Level of Service analysis was conducted for the Future Build-Out 2040 Cumulative Base
condition, and the results are summarized below on Table 34, Future Build-Out 2040 Cumulative
Base – Summary of Roadway Segment Analysis.
Table 34: Future Build-Out 2040 Cumulative Base – Summary of Roadway Segment Analysis
Roadway Segment LOS E
Capacity1
Future
Build-Out
2040 ADT
V/C LOS
Orange Show Road West of Waterman Avenue 40,000 17,215 0.430 A
East of Waterman Avenue 40,000 16,057 0.401 A
Waterman Avenue
North of Central Avenue 40,000 26,783 0.670 B
Central Avenue to Orange Show Road 40,000 26,964 0.674 B
South of Orange Show Road 40,000 30,995 0.775 C
Notes:
Source: 1City of San Bernardino General Plan Update (2005)
LOS = Level of Service
ADT = Average Daily Traffic
V/C = Volume to Capacity
Review of Table 34 indicates that all study roadway segments would operate at an acceptable
Level of Service.
Future Build-out 2040 Cumulative Base Plus Project Conditions
Project-related traffic was added to the Future Build-Out 2040 Cumulative Base traffic volumes.
Peak Hour Operating Conditions
Intersection Level of Service analysis was conducted for the Future Build-Out 2040 Cumulative
Base Plus Project condition. The results are shown on Table 35, Future Build-Out 2040 Plus
Project. Copies of intersection analysis worksheets are provided in Appendix C to the Traffic
Impact Analysis provided as Appendix I of this ISMND.
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Table 35: Future Buildout 2040 Plus Project – Summary of Intersection Operations
Int. # Intersection Traffic
Control
Peak
Hour
Build-out Without Project Build-out
Plus Project Project Impact/ Significance
Delay
(sec/veh) V/C LOS Delay
(sec/veh) V/C LOS Delay
(sec/veh) V/C Sig.
1 Waterman Avenue at 9th St S AM 32.3 0.827 C 32.5 0.831 C 0.2 0.004 No
PM 32.4 0.853 C 32.4 0.852 C 0.0 -0.001 No
2 Waterman Avenue at 5th St S AM 20.2 0.487 C 20.4 0.490 C 0.2 0.003 No
PM 28.8 0.841 D 29.1 0.853 C 0.3 0.012 No
3 E Street at 2nd St. S AM 33.8 0.734 C 34.5 0.741 C 0.7 0.007 No
PM 50.8 0.868 D 52.4 0.875 D 1.6 0.007 No
4 Waterman Avenue at 2nd Street S AM 30.0 0.639 C 30.2 0.644 C 0.2 0.005 No
PM 38.5 0.855 D 39.4 0.869 D 0.9 0.014 No
5 Allen Street at Rialto Avenue S AM 19.6 0.428 B 20.2 0.460 C 0.6 0.032 No
PM 19.6 0.504 B 20.4 0.524 C 0.8 0.020 No
6 Waterman Avenue at Rialto Avenue S AM 25.2 0.471 C 25.2 0.471 C 0.0 0.000 No
PM 21.9 0.454 C 21.9 0.454 C 0.0 0.000 No
7 Allen Street at Valley Street S AM 20.7 0.647 C 20.8 0.651 C 0.1 0.004 No
PM 40.8 0.996 D 41.2 0.998 D 0.4 0.002 No
8 Waterman Avenue at Valley Street S AM 15.9 0.469 B 15.8 0.471 B -0.1 0.002 No
PM 29.9 0.916 C 30.5 0.925 C 0.6 0.009 No
9 E Street at Mill Street/Inland Center
Drive S AM 29.4 0.608 C 29.4 0.611 C 0.0 0.003 No
PM 33.4 0.768 C 33.8 0.804 C 0.4 0.036 No
10 Allen Street at Mill Street S AM 30.0 0.707 C 30.4 0.719 C 0.4 0.012 No
PM 37.8 0.794 D 38.4 0.804 D 0.6 0.010 No
11 Waterman Avenue at Mill Street S AM 23.4 0.559 C 23.6 0.559 C 0.2 0.000 No
PM 53.0 0.782 D 53.1 0.783 D 0.1 0.001 No
D1 Valley Street at D1 U AM - - - 13.1 0.007 B - - -
PM - - - 13.1 0.022 B - - -
D2 Waterman Avenue at D2 U AM - - - 13.3 0.002 B - - -
PM - - - 13.1 0.011 B - - -
D3 Allen Street at D3/41 U AM - - - 8.4 0.010 A - - -
PM - - - 8.5 0.041 A - - -
D4 Allen Street at D5 U AM - - - 8.3 0.006 A - - -
PM - - - 8.4 0.016 A - - -
Source: Kimley-Horn. February 2020. Traffic Impact Analysis. (See Appendix I)
Notes:
- Level of Service is based on the delay value.
- Bold and shaded values indicate intersections operating at LOS E or F or significant impact to intersection per City or Caltrans standards.
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Int. # Intersection Traffic
Control
Peak
Hour
Build-out Without Project Build-out
Plus Project Project Impact/ Significance
Delay
(sec/veh) V/C LOS Delay
(sec/veh) V/C LOS Delay
(sec/veh) V/C Sig.
- F* = Per County of San Bernardino CMP guidelines, the Level of Service for an intersection with a v/c of 1.0 or greater is LOS F.
- At a signalized intersection, delay refers to the average control delay for the entire intersection, measured in seconds per vehicle.
- At a two-way stop-controlled intersection, delay refers to the average vehicle delay on the movement with the highest delay.
- Delay values are based on the methodology outlined in the Highway Capacity Manual, 6th Edition.
- S = Signalized
- U = Unsignalized
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Review of Table 33 indicates that, with the addition of Project traffic, all intersections would
operate at an acceptable Level of Service. Based on the sliding scale significant impact criteria in
the City’s Traffic Impact Study Guidelines, there would be no significant impacts at any of the
study intersections.
Daily Roadway Operating Conditions
Roadway Level of Service analysis was conducted for the Future Build-Out 2040 Cumulative Base
Plus Project condition, and the results are summarized on Table 36, Future Build-Out 2040
Cumulative Base Plus Project.
Table 36: Future Build-Out 2040 Cumulative Base Plus Project – Summary of Roadway Segment
Analysis
Roadway Segment LOS E
Capacity1
Future
Build-out
2040 ADT
Project
ADT
Future
Build-out
2040 Plus
Project
ADT
V/C LOS
Orange
Show
Road
West of Waterman Avenue 40,000 17,215 186 17,401 0.435 A
East of Waterman Avenue 40,000 16,057 0 16,057 0.401 A
Waterman
Avenue
North of Central Avenue 40,000 26,783 332 27,115 0.678 B
Central Avenue to Orange
Show Road 40,000 26,964 638 27,602 0.690 B
South of Orange Show
Road 40,000 30,995 452 31,447 0.786 C
Notes:
Source: 1City of San Bernardino General Plan Update (2005)
Level
LOS = Level of Service
ADT = Average Daily Traffic
V/C = Volume to Capacity
Review of Table 36 indicates that with the addition of Project traffic, all study roadway segments
would operate at an acceptable Level of Service.
MITIGATION MEASURES
As mentioned previously in the report, according to the City of San Bernardino Traffic Impact
Study Guidelines, any new development is required to identify mitigation measures at
intersections that show a significant Project impact and that operate at LOS D or worse under
“Plus Project” conditions. Based on these criteria, no mitigation is required as there are no
significant impacts under “Plus Project” conditions.
(a) Conflict with a program plan, ordinance or policy addressing the circulation system,
including transit, roadway, bicycle and pedestrian facilities?
Less Than Significant Impact. The proposed Project is anticipated to generate vehicular and truck
traffic from construction activities lasting through the duration of opening year 2023. It is
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anticipated that vehicular, bicycle, transit, pedestrian traffic and truck traffic would be generated
from operational activities. According to the discussion above, the associated Project traffic
would not cause any significant impacts under “Plus Project” scenario, and as such, no mitigation
measures are warranted.
The Project does not otherwise conflict with a program plan, ordinance or policy addressing the
circulation system, including transit, roadway, bicycle and pedestrian facilities. On the contrary,
the Project would contribute to the overall City’s pedestrian infrastructure by providing fully
developed sidewalks along Central Avenue and Foisy Street Avenue. Additionally, Project
construction or operations would not disrupt existing transit routes, bus stops, or future bicycle
facilities because none are located immediately adjacent to the Project site. The proposed
Project would have a less than significant impact and no mitigation measures are necessary.
(b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3,
subdivision (b)?
Less Than Significant Impact. CEQA Guidelines Section 15064.3 provides that for land use
projects, impacts related to vehicle miles traveled (VMT) exceeding an applicable threshold of
significance may indicate a significant impact. The City of San Bernardino has not adopted a VMT
threshold. While the City has not yet adopted an VMT threshold, the Project can also be
qualitatively analyzed to understand factors such as the availability of transit, proximity to other
destination, etc. Also note that, with adoption CEQA Guidelines Section 15064.3, use of Level of
Service has been replaced by VMT as a CEQA significance threshold. This MND addresses LOS in
checklist response 17(a) above for General Plan consistency and for informational purposes. This
MND also addresses VMT for informational purposes, although the City has not yet adopted a
threshold and SB743 is not mandatory until July 1.
Generally, projects within one-half mile of either an existing major transit stop or a stop along an
existing high-quality transit corridor are presumed to cause a less than significant transportation
impact. Projects that decrease vehicle miles traveled in the Project area compared to existing
conditions are presumed to have a less than significant transportation impact.
Consistent with CEQA Guidelines section 15064.3, subdivision (b), the Project site is within a half-
mile of existing transit stops. The following two transit stops are located in the vicinity of the
Project site: a transit stop is located at the intersection of Waterman Avenue and Central Avenue,
approximately 0.25 miles north, and at Waterman Avenue at Mill Street located approximately
0.2 miles west of the Project site. Although this bus route runs on a mostly 45 minutes interval,
a few times per day it runs on a 15 minutes interval.57 Additionally, the San Bernardino Metrolink
Station and the San Bernardino Bus Transit Center are located 2.4-miles northwest of the Project
57 OmniTrans. 2020. Route 5. Available at https://omnitrans.org/route/route-5/. Accessed on June 23, 2020.
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site. Moreover, the proposed Project is anticipated to provide appropriate pedestrian facilities
including sidewalks along Project frontage that will improve pedestrian mobility.
Additionally, one of the major considerations in evaluating SB 743 considerations for a project,
especially when there are no adopted SB 743 related policies/thresholds by a lead agency, is how
the December 2018 guidance provided by the Governor’s Office of Planning and Research (OPR)58
applies to its evaluation. Unfortunately, the guidance does not specifically address the
development of warehouses, cold storage warehouses or manufacturing uses and as such there
is no clear approach to evaluating this facility. In the ab sence of clear guidance by either OPR or
the lead agency, a logical way to evaluate this type of facility is to consider the major trip purposes
of the site in terms of their trip length and frequency. Given the description, three types of trips
were broadly considered for this development given its context: (1) employee commute trips; (2)
truck trips related to shipping activities; and (3) other trips related to functioning of the business
and/or its employees. The following discussion is provided regarding these three broad trip types.
(1) Employee commute trips. The City of San Bernardino is a residential/commuter
community in character and as such it is understood that many if its residents travel
considerable distance for employment. Most often an important strategy for reducing
VMT in a community like this is to improve the local jobs/housing balance by increasing
the number of employment opportunities. As such, it is reasonable to expect that
increasing local employment opportunities will reduce the average commuter trip lengths
of residents, resulting in a net decrease to regional net VMT.
(2) Truck trips related to shipping activities. Page 4 of the OPR guidance indicates that,
although heavy vehicle traffic can be included for analysis convenience, the provided
analysis requirements are specific to passenger-vehicles and light duty trucks. While it
may be appropriate to consider heavy vehicle traffic if directed by the lead agency, it is
generally understood that Interstate commerce and related heavy vehicle traffic are
regulated by the federal government as it relates to commerce. Irrespective of this and
considering that the end-user of this facility is unknown at this time (so the nature of the
business enterprise and its probably origins and destinations are unknown), it is
reasonable to assume that the ultimate end user will select this location, at least in part,
as to how it effects their transportation costs. Most often businesses who have shipping
as a significant part of their operations are sensitive to transportation costs and their
relative proximity to customers and suppliers. Accordingly, it is reasonable to assume that
warehouses are often located in a manner to reduce VMT given that it is the interest of
the business.
58 Technical Advisory on Evaluating Transportation Impacts in CEQA. Governor’s Office of Planning and Research, State of
California. December 2018.
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(3) Other trips. These are often the smallest number and shortest distance of trips for a
facility like this and include a broad range of trip types, such as, emp loyee lunches off-
site, maintenance teams for on-site infrastructure, office supply deliveries, etc. As such
their impact to the overall VMT of the site is likely minimal. As such it is not likely that
they are impactful to the local transportation system and are secondary to the other two
trip types discussed.
Finally, it is worth noting that while this facility is expected to provide additional jobs a nd some
related trips to the area, the facility itself is not expected to be the principal catalyst for ne w trips.
Rather, it is anticipated that these trips would most likely occur regardless of whether this
location were developed as it is in response to existing demand for materials or finished goods.
Accordingly, if this site were not developed, a similar site will be developed elsewhere to meet
this demand and as such the alternative to this development would likely not eliminate any
related VMT. In consideration of this and the other considerations discussed above, it is not
anticipated that the development of this site would be result in a significant finding under SB 743,
should SB743 be determined applicable to the Project. Therefore, a less than significant impact
would occur.
(c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)?
No Impact. The design features of the proposed Project would not create new roadways and/or
intersections. The proposed uses are consistent with the existing neighborhood and impacts of
the Project are evaluated throughout this IS/MND. The Project would remove an ex isting raised
median with a wrought-iron fence located across from the existing school along Central Avenue.
The wrought-iron fence is currently in place to deter students crossing in the middle of the street.
The removal of this feature would allow for safer truck movement in-and-out of the Project site.
The driveways and internal driving aisle would allow for trucks and vehicles to move throughout
the facility. The internal traffic system within the Project site has been designed to be both
efficient and safe for vehicular and pedestrian traffic. There will be no incompatible or hazardous
uses associated with the Project. Therefore, no impact will occur.
(d) Result in inadequate emergency access?
Less Than Significant Impact. Emergency ingress and egress is available via the four driveways.
Because the Project provides ample ingress and egress opportunities, these driveways ensure
that emergency vehicles have an unobstructed ingress and egress to the Project site.
As a standard City practice, if road closures (complete or partial) are necessary, the Police and
Fire Departments would be notified of the construction schedule and any required detours would
allow emergency vehicles to use alternate routes for emergency response. Additionally,
Effective, July 1, 2016, fire protection and emergency medical response services in the City are
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provided by the San Bernardino County Fire District (SBCFD). More specifically, the City service
coverage is provided by SBCFD Division 6, being led by Assistant Chief John Cha mberlin.
The SBCFD would review the proposed Project and would provide comments regarding fire and
emergency access. The proposed Project would comply with the SBCFD requirements. The impact
on emergency access from Project implementation would be less than significant.
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Tribal Cultural Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
18. TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance
of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature,
place, cultural landscape that is geographically defined in terms of the size and scope of the landscape,
sacred place, or object with cultural value to a California Native American tribe, and that is:
i) Listed or eligible for listing in the California Register of
Historical Resources, or in a local register of historical
resources as defined in Public Resources Code section
5020.1(k), or
X
ii) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to be
significant pursuant to criteria set forth in subdivision (c)
of Public Resources Code Section 5024.1. In applying the
criteria set forth in subdivision (c) of Public Resource Code
Section 5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.
X
On October 30, 2019, the City initiated tribal consultation with interested California Native
American tribes consistent with AB 52 (see Appendix C2 to the MND). The City requested a
consultation from the following Tribes: Gabrielino Band of Mission Indians – Kizh nation, SMBMI,
and Soboba Band of Luiseno Indians. No comments or mitigation measures were provided from
Gabrielino Band of Mission Indians – Kizh nation, or Soboba Band of Luiseno Indians. SMBMI
determined that no consultation was necessary, but did provide mitigation measures, which have
been incorporated into this IS/MND.
In addition, the NAHC provided a list of tribes to be consulted regarding the proposed Project
pursuant to SB 18. On December 17, 2019, the City invited the following tribes to consult
pursuant to SB 18: Gabrielino Band of Mission Indians – Kizh nation, SMBMI, Soboba Band of
Luiseno Indians, Los Coyotes Band of Cahuilla and Cupeno Indians, Serrano Nation of Mission
Indians, Soboba Band of Luiseno Indians, Santa Rosa Band of Cahuilla Indians, Agua Caliente Band
of Cahuilla Indians, Ramona Band of Cahuilla, Morongo Band of Mission Indians, Cahuilla Band of
Indians, Torres-Martinez Desert Cahuilla Indians, Augustine Band of Cahuilla Mission Indians,
Cabazon Band of Mission Indians, and San Fernando Band of Mission Indians, Gabrieleno/Tongva
San Gabriel Band of Mission Indians, Gabrielino/Tongva Nation, Gabrielino Tongva Indians of
California Tribal Council, and Gabrielino-Tongva Tribe. On January 8, 2020, Morongo Band of
Mission Indians and on January 9, 2020, Agua Caliente, waived any further consultation. The
tribes do not have any comments on the proposed Project. On February 12, 2020, the SMBMI
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responded to the AB52 and SB18 notices for consultation. The SMBMI did not identify any
significant tribal cultural resources but did request inclusion of standard cultural resource
mitigation measure language. The Gabrieleno Band of Mission Indians requested further
consultation.
i) Listed or eligible for listing in the California Register of Historical Resources, or in a
local register of historical resources as defined in Public Resources Code section
5020.1(k)?
ii) A resource determined by the lead agency, in its discretion and supported by
substantial evidence, to be significant pursuant to criteria set forth in subdivision (c)
of Public Resources Code Section 5024.1. In applying the criteria set forth in
subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider
the significance of the resource to a California Native American tribe?
Less than Significant. Pursuant to Government Code §65352.3 (SB 18) and Government Code
§21080.3.2(b) and §21074(a)(1)(A)-(B) (AB 52] the City has provided formal notification to
California Native American tribal representatives that have previously requested notification
from the City regarding projects within the geographic area traditionally and culturally affiliated
with tribe(s). Native American groups may have knowledge about cultural resources in the area
and may have concerns about adverse effects from development on tribal cultural resources as
defined in PRC §21074.
As noted above, only the SMBMI responded to the City’s AB52 and SB18 consultation letters and
requested that the following tribal cultural resource mitigation measure be included in the MND.
Mitigation Measures:
MM TCR-1 The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI),
the Gabrieleno Band of Mission Indians, and the City, shall be contacted, as
detailed in CR-1, of any pre-contact and/or post-contact cultural resources
discovered during project implementation, and be provided information regarding
the nature of the find, so as to provide Tribal input with regards to significance
and treatment. Should the find be deemed significant, as defined by CEQA (as
amended, 2015), a cultural resource Monitoring and Treatment Plan shall be
created by the archaeologist, in coordination with SMBMI, the Gabrieleno Band of
Mission Indians and the City, and all subsequent finds shall be subject to this Plan.
This Plan shall allow for a monitor to be present that represents SMBMI for the
remainder of the project, should SMBMI elect to place a monitor on-site.
MM TCR-2 Any and all archaeological/cultural documents created as a part of the Project
(isolate records, site records, survey reports, testing reports, etc.) shall be supplied
to the applicant, and the City, for dissemination to SMBMI, and the Gabrieleno
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Band of Mission Indians. The City and/or applicant shall, in good faith, consult
with SMBMI and the Gabrieleno Band of Mission Indians throughout the life of the
project.
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Utilities and Service Systems
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
19. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Require or result in the relocation or construction of new
or expanded water, wastewater treatment, or
stormwater drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant environmental
effects?
X
b) Have sufficient water supplies available to serve the
project and reasonably foreseeable future development
during normal, dry and multiple dry years?
X
c) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project projected demand
in addition to the provider’s existing commitments?
X
d) Generate solid waste in excess of State or local standards,
or in excess of the capacity of local infrastructure, or
otherwise impair the attainment of solid waste reduction
goals?
X
e) Comply with federal, state, and local management and
reduction statutes and regulations related to solid waste?
X
Water and Wastewater
The City Public Works Department is responsible for the design and construction of wastewater
collection facilities in the City. Operation and maintenance of wastewater collection facilities is
the responsibility of the Public Services Department. Wastewat er collection facilities within the
City are owned and operated by four different entities:
• City of San Bernardino (Public Works and Public Services Departments);
• East Valley Water District (EVWD);
• San Bernardino International Airport and Trade Center; an d
• The City of Loma Linda.
Sewer services are provided to the Project area by the San Bernardino Public Works Department
and water services are provided by the SBMWD.59
59 General Plan. 2005. Sewerage Service Area Boundaries, Figure U-1 / Water Service Area Boundaries, Figure U-2.
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(a) Require or result in the relocation or construction of new or expanded water, wastewater
treatment, or storm water drainage, electric power, natural gas, or telecommunications
facilities, the construction or relocation of which could cause significant environmental
effects?
No Impact. The Project site is currently served with power, gas, and telecommunications which
would continue to serve the proposed Project. The project site is bounded by the following
existing facilities along the frontage streets:
Foisy Street: The following existing facilities will remain in place: an 8” sewer, a water meter,
sewer lines and a sewer manhole. An existing water meter will be removed and the overhead
wires will be relocated underground.
Central Avenue: The following existing facilities will remain in place: a 3” gas line, a 12” waterline,
and a 15” sewer main. The water vaults, curb & gutter, and power poles will be rel ocated
underground.60
The Project will also be supported by required typical offsite street and parkway improvements
(i.e. curb, gutter, sidewalk) per Chapter 12.92, Construction and Maintenance of Sidewalks, Curbs
and Driveways, along with new storm drain, sewer, water, and dry utility connections along the
Project frontage as shown in Exhibit 5, Site Plan. Onsite improvements include storm drains,
stormwater/water quality treatment facilities, sewer, water and dry utility systems.
Storm water will be collected via approximately 14 rain grates distributed throughout the site.
Storm water would enter the grates and travel via an 18” pipe and travel to the onsite storm
drains located on the east and west sides of the building. Additionally, a variety of 18” and 24”
gutters will be installed around the site’s perimeter. In the existing condition, the Project site
covers two different zoning districts, Public Park (PP) and Light Industrial (IL) with different sewer
discharge rates. The school has a discharge rate of 0.002 CFS/Acre and the remaining acres zoned
(IL) and have a discharge rate of 0.003 CFS/Acre. Using the equation for design flow provided in
the SBMWD Sewer Main Design and Construction Standards, the existing condition design flow
is 0.30 CFS. In the proposed condition, the entire Project site would be zoned (IL) and will have
sewage discharge rate of 0.003 CFS/Acre. Therefore, the proposed condition design flow is 0.47
CFS. By changing the zoning to (IL) in the PP zone, there will be an increase in sewer discharge of
approximately 0.17 CFS. This increase is relatively small compared to the 4.55 CFS capacity of the
existing 15” sewer flowing 75% full. This increased rate flow westerly about 600’ before the pipe
size increases to 18”, then about 500’ before confluencing with a 54” sewer trunk line. Because
the relative increase in flow is relatively small, the entire sewer network was not modeled to find
approximate depth of flow in each reach. The increased sewer discharge rate will not significantly
negatively impact the system. The utility improvements noted above will all be within the Project
60 Thienes Engineering. February 4, 2019. Conceptual Grading Plan.
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site or within existing adjacent streets or public rights-of-way. Construction impacts of utility
installation will be temporary and are not anticipated to result in significant environmental
impacts as they will be within currently paved and/or developed areas and public rights-of-way.
No long-term significant environmental impacts are anticipated due to this utility construction.
(b) Have sufficient water supplies available to serve the project and reasonably foreseeable
future development during normal, dry and multiple dry years?
Less than Significant. The San Bernardino Municipal Water Department (SBMWD) provides
domestic water for the City and unincorporated areas of San Bernardino County as well as back-
up to the City of Loma Linda. Water service is provided for single-family, multiple-family,
commercial, light industrial, governmental, and landscaping purposes.
Groundwater from the Bunker Hill Basin is the primary source of water supply for the SBMWD. It
has the capacity to provide 70,000 acre-feet per year of water from groundwater and surface
water sources. The basin, similar to a very large underground lake, is replenished naturally by
local precipitation and by stream flow from rain and snowmelt fro m the San Bernardino
Mountains. While groundwater is the principal source of supply in the area, other sources of
water supply include the State Water Project (SWP), the Santa Ana River, Mill Creek, and Lytle
Creek.
Normal Water Year
The Normal/Average water year is a year in the historical sequence that most closely represents
median runoff levels and patterns. Table 37, Normal Year Supply and Demand Comparison (AF),
demonstrates that SBMWD anticipates adequate supplies for years 2020 to 2040 under normal
conditions. The single-dry year is generally the lowest annual runoff for a water source in the
record.
Table 37: Normal Year Supply and Demand Comparison (AF)
Totals 2020 2025 2030 2035 2040
Supply Totals 58,271 66,830 75,466 84,082 90,582
Demand Totals 45,969 49,094 53,339 57,623 59,449
Difference 12,302 17,736 22,127 26,459 31,133
Single Dry Year
The single-dry year may differ for various sources. In Table 38, Single Dry Year Supply and
Demand Comparison (AF), demands are assumed to be 10 percent greater in a single-dry year
than during a normal year. Table 27 demonstrates the SBMWD anticipates adequate supplies for
years 2020 to 2040 under single-dry year conditions.
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Table 38: Single Dry Year Supply and Demand Comparison (AF)
Totals 2020 2025 2030 2035 2040
Supply Totals 58,271 66,830 75,466 84,082 90,582
Demand Totals 50,566 54,003 58,673 63,386 65,394
Difference 7,705 12,872 16,793 20,696 25,188
Multiple-Dry Years
The multiple-dry year is generally the lowest annual runoff for a three year or more consecutive
period. The multiple-dry year period may differ for various sources. In Table 39, Multiple Dry
Years Supply and Demand Comparison (AF), demands are assumed to be 10 percent greater in
the first year of a multiple-dry year than during an average year. During the second year of a
multiple dry year period, demands are expected to be the same as an average year due to
conservation and public education efforts. During the third year of a multiple dry year period,
demands are expected to decrease 10 percent due to mandatory conservation measures that
would be enacted in year three of a multiple dry year period.
Table 39: Multiple Dry Years Supply and Demand Comparison (AF)
Year Totals 2020 2025 2030 2035 2040
First Year Supply Totals 58,271 66,830 75,466 84,082 90,582
Demand Totals 50,566 54,003 58,673 63,386 65,394
Difference 7,705 12,872 16,793 20,696 25,188
Second Year Supply Totals 58,271 66,830 75,466 84,082 90,582
Demand Totals 45,969 49,094 53,339 57,623 59,449
Difference 12,302 17,736 22,127 26,459 31,133
Third Year Supply Totals 58,271 66,830 75,466 84,082 90,582
Demand Totals 41,372 44,184 48,005 51,861 53,504
Difference 16,899 22,646 27,461 32,221 37,078
Table 40 demonstrates that SBVMWD anticipates adequate supplies for years 2020 to 2040
under multiple-dry year conditions based on current land use projections.61 Additionally, the
proposed Project will have a maximum daily domestic water demand of 70,151 gpd, compared
to the existing onsite uses which currently have a maximum daily domestic water demand of
81,362 gpd. Therefore, impacts are considered less than significant.
61 San Bernardino Valley. 2015, Errata 2018. Regional Urban Water Management Plan, page 1025. Available at
https://www.sbvmwd.com/Home/ShowDocument?id=5660, accessed February 13, 2020.
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(c) Result in a determination by the wastewater treatment provider which serves or may serve
the project that it has adequate capacity to serve the project projected demand in addition
to the provider’s existing commitments?
Less than Significant. The San Bernardino Valley Municipal Water Department (SBVMWD) is the
wastewater treatment provider for most of the City of San Bernardino and for the Project site.
The SBVMWD owns and operates the San Bernardino Water Reclamation Plant (SBWRP). The
SBWRP treats residential and industrial wastewater generated in the City of San Bernardino, the
City of Loma Linda, and East Valley Water District.62
The wastewater collection system owned and operated by the SBVMWD conveys wastewater via
approximately 467 miles of gravity mains, a mile of force mains, and 15 lift stations. Currently, an
average wastewater flow rate of approximately 21 million gallons per day (MGD) is conveyed by
the SBMWD collection system, with approximately 12.8 MGD being generated within the
SBMWD service area. The collection system also conveys the flows of two satellite agencies
(Loma Linda - 2.2 MGD and East Valley Water District – 6 MGD) to the Water Reclamation Plant
(WRP) and the Rapid Infiltration and Extraction (RIX) Facility for treatment.
Sewer collection systems within SBVMWD’s service area are not operated by the Department,
but rather are operated by various agencies, including the County of San Bernardino, City of San
Bernardino, City of Loma Linda, and EVWD. Collected wastewater is treated at WRP to a
secondary treatment level. WRP has a current capacity of 33 MGD or 36,948 AFY, but curre nt
average annual flow is approximately 29,000 AFY. In accordance with these studies, Table 40,
Current and Projected Wastewater Collection and Treatment, shows existing and anticipated
wastewater collection and treatment at the San Bernardino Water Reclamation Plant.
Table 40: Current and Projected Wastewater Collection and Treatment
2010 2015 2020 2025 2030 2035 Disposal
Method
Treatment
Level
San Bernardino Water
Reclamation Plant (AFY) 29,000 30,294 31,645 32,793 33,983 35,216 Flow to
RIX Secondary
RIX (AFY) 33,000 34,472 36,010 37,316 38,670 40,073
Discharge
to Santa
Ana River
Tertiary
Source: San Bernardino Municipal Water Department. 2015. Water Facilities Master Plan Report, page 5-5. Available
https://www.sbmwd.org/DocumentCenter/View/683/Section-5-PDF, accessed February 15, 2020.
SMVBWD forecasts adequate capacity to treat wastewater in the upcoming years. As noted
above in Response 19 (C), the proposed Project would generate a negligible increase in
wastewater. Existing infrastructure is adequate to convey wastewater without requiring the
expansion of the facilities. In addition, the Project will pay applicable connection fees and
monthly charges which offset the need for incremental wastewater conveyance and treatment
62 City of San Bernardino. 2005. General Plan, page 9-4.
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system improvements. Based on this, the proposed Project will have a less than significant
impact on the SBMWD’s ability to collect or treat the proposed Project’s waste stream .
(d) Generate solid waste in excess of State or local standards, or in excess of the capacity of
local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Less than Significant. The City of San Bernardino Refuse and Recycling Division provides
collection services to residential and commercial customers for refuse, recyclables , and green
waste. Solid waste from demolition and construction will be collected and sent to the East Valley
Transfer and Recycling Materials Recovery Facility, located at 1150 and 1250 S Tippecanoe Ave,
San Bernardino, CA 92408, where it is separated from recyclable materials. Solid waste is then
shipped to the Mid‐Valley Sanitary Landfill at 2390 N. Alder Avenue in the City of Rialto. The Mid‐
Valley Sanitary Landfill has a daily permitted throughput of 7,500 tons/day and a remaining
capacity of 101,300,000 cubic yards.63 CalRecycle estimates waste generation rates for different
land uses. The industrial section waste generation rate is estimated at approximately 8.93
lbs/employee/day. Under this assumption, the approximately 100 employees (8.93 lbs x 100
employees x day) would generate approximately 893 lbs/day. This represents less than half a ton
per day (0.4465 tons), a nominal percentage of the landfill’s daily permitted capacity. Therefore,
impacts would be less than significant.
(e) Comply with federal, state, and local management and reduction statutes and regulations
related to solid waste?
Less than Significant. Solid waste disposal services must follow federal, State, and local statutes
and regulations related to the collection of solid waste. The proposed Project is an industrial
facility which would not involve the production or handling of any acutely toxic or otherwise
hazardous materials. The proposed Project would be required to comply with City MC 8.24.100,
which contains provisions for the City’s Construction and Demolition Debris Recycling Program.
As such, impacts would be less than significant.
63 CalRecycle. 2019. SWIS Facility Detail. Available at https://www2.calrecycle.ca.gov/swfacilities/Directory/36-AA-0055/,
accessed December 29, 2019.
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Wildfire
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
20. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard
severity zones, would the project:
a) Substantially impair an adopted emergency response
plan or emergency evacuation plan?
X
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to, pollutant concentrations from wildlife or
the uncontrolled spread of a wildfire?
X
c) Require the installation or maintenance of associated
infrastructure (such as roads, fuel breaks, emergency
water resources, power lines or other utilities) that may
exacerbate fire risk or that may result in temporary or
ongoing impacts to the environment?
X
d) Expose people or structures to significant risks, including
downslope or downstream flooding or landslides, as a
result of runoff, post-fire slope instability, or drainage
changes?
X
(a) Substantially impair an adopted emergency response plan or emergency evacuation plan?
No Impact. The proposed Project is neither in an EFHA nor in a MFHA.64 The nearest EFHA and
MFHA areas are located approximately 6.0-miles west and six miles north from the Project site,
respectively. The City’s Emergency Operations Plan (EOP) addresses the City of San Bernardino's
planned response to extraordinary emergency situations associated with natural disasters,
technological incidents, and national security emergencies. It provides an overview of
operational concepts, identifies components of the City's emergency management organization
within the Standardized Emergency Management System (SEMS) and the National Incident
Management System (NIMS). It also describes the overall responsibilities of the federal, state,
and county entities for protecting life and property and assuring the overall well-being of the
population. Each organization identified in the EOP is responsible for, and expected to develop,
implement, and test policies, procedures, instructions, and checklists that reflect cognizance of
the emergency management concepts contained herein. Coordinated response and support
roles must be defined by these organizations to facilitate the ability to respond to any given
incident. The EOP meets the requirements of NIMS for the purposes of emergency management.
64 General Plan. 2005. Figure S-9, Fire Hazard Areas, Figure S-9, page 10-43. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199. Accessed on September 2019.
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The proposed Project would not impair or physically interfere with an adopted emergency
response or evacuation plan because the construction activities will not block or significantly
modify existing roadways. Therefore, no impact would occur.
(b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby
expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled
spread of a wildfire?
No Impact. As discussed in the City’s General Plan EIR, wind impact and wildfire impact have the
most impact in the City of San Bernardino north of SR 210 along the foothills.65 The proposed
Project is in the south portion of the City, which is n ot prone to wildland fires and not prone to
wind hazards. Thus, in the event of a wildfire, Project occupants would not be directly exposed
to pollutant concentrations from a wildfire. Therefore, no impact would occur.
(c) Require the installation or maintenance of associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or other utilities) that may exacerbate fire
risk or that may result in temporary or ongoing impacts to the environment?
No Impact. With the exception of roadway improvements along the property frontage of Foisy
Street and Central Avenue, all proposed Project components (including infrastructure, etc.)
would be within the boundaries of the Project site, and impacts associated with the development
of the Project within this footprint area are analyzed throughout this d ocument. The only
roadway change will occur to the center fenced median which is located on Central Avenue in
front of the Project site. The existing fenced median serves to limit children crossing the street in
an unsafe manner. With the demolition of the existing buildings, and the relocation of the school
as part of the NSLA project, the fenced median is not needed and will be removed.
The San Bernardino County Fire Department, as part of the City’s process, will review all building
permit plans for adequate fire suppression, fire access, and emergency evacuation. Adherence
to standard City policies eliminate the potential for impacts. Therefore, no impact would occur.
(d) Expose people or structures to significant risks, including downslope or downstream
flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
No Impact. The proposed Project is not located in an EFHA and MFHA as identified in the City’s
General Plan. There are also no natural drainage courses located on-site. The Project site is
relatively flat and the Project site is not located in a landslide-prone zone.66 Therefore, no impact
would occur.
65 General Plan. 2005. Figure S-8 – Wind Hazards, and Figure S-9 – Fire Hazard Areas, page 10-43. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199. Accessed on December 2019.
66 General Plan. 2005. Figure S-7 – Slope Stability and Major Landslides, page 10-33. Available at Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199. Accessed on December 2019.
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Mandatory Findings of Significance
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
21. MANDATORY FINDINGS OF SIGNIFICANCE. Does the project:
a) Have the potential to substantially degrade the quality of
the environment, substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife population to
drop below self-sustaining levels, threaten to eliminate a
plant or animal community, substantially reduce the
number or restrict the range of a rare or endangered plant
or animal or eliminate important examples of the major
periods of California history or prehistory?
X
b) Have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are
considerable when viewed in connection with the effects
of the past projects, the effects of other current projects,
and the effects of probable future projects.)
X
c) Have environmental effects which will cause substantial
adverse effects on human beings, either directly or
indirectly?
X
(a) Have the potential to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or animal community,
substantially reduce the number or restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major periods of California history or
prehistory?
Less Than Significant With Mitigation Incorporated. All impacts to the environment, including
impacts to habitat for fish and wildlife species, fish and wildlife populations, plant and animal
communities, rare and endangered plants and animals, and historical and pre‐historical
resources were evaluated as part of this IS/MND. Examples of mitigation include MM BIO-1,
restricts construction during bird nesting season, CUL-1 through CUL-3 that establishes a process
for the discovery of human remains, TCR-1 that includes tribal notification of any cultural
resources discovered, GEO-1 that addresses the discovery of fossils, NOI-1 which limits
construction noise, and HAZ-1 and HAZ-2 which requires testing for asbestos and lead-based
paint. Accordingly, with incorporation of the mitigation measures recommended throughout this
IS/MND, the Project would not substantially degrade the quality of the environment and impacts
would be less than significant.
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(b) Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a project are considerable when
viewed in connection with the effects of the past projects, the effects of other current
projects, and the effects of probable future projects.)
Less than Significant Impact As discussed throughout this IS/MND, implementation of the
proposed Project has the potential to result in effects to the environment that are individually
limited and may be cumulatively considerable in specific areas. As such, with incorporation of the
mitigation measures imposed throughout this IS/MND, the Project would not contribute to
environmental effects that are individually limited, or cumulatively considerable, and impacts
would be less than significant.
(c) Does the project have environmental effects which will have substantial adverse effects on
human beings, directly or indirectly?
Less Than Significant Impact With Mitigation Incorporated. The Project’s potential to result in
environmental effects that could adversely affect human beings, either directly or indirectly, has
been discussed throughout this IS/MND. In instances where the Project has potential to result in
direct or indirect adverse effects to human beings, mitigation measures such as NOI-1 and HAZ-
1 through HAZ-4 have been applied to reduce the impact to below a level of significance. With
required implementation of mitigation measures identified in this IS/MND, construction and
operation of the proposed Project would not involve any activities that would result in
environmental effects which would cause substantial adverse effects on human beings, either
directly or indirectly.
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4.0 REFERENCES
ATC Group Services LLC. 2019. Phase I Environmental Site Assessment.
BCR Consulting. June 2019. Cultural Resources Assessment, pages 13-14.
California Department of Finance (DOF). 2018. Report E-5 Population and Housing Estimates for Cities,
Counties, and the State, January 1, 2011-2019, with 2010 Benchmark. Available at:
http://dof.ca.gov/Forecasting/Demographics/Estimates/E-5/. Accessed on January 12, 2020.
-----. 2018. Report E-5 Population and Housing Estimates for Cities, Counties, and the State, January 1,
2011-2019, with 2010 Benchmark. Available at:
http://dof.ca.gov/Forecasting/Demographics/Estimates/E-5/. Accessed on January 12, 2020.
Caltrans. 2019. List of eligible and officially designated State Scenic Highways (XLSX). Available at
https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-
liv-i-scenic-highways, December 18, 2019.
City of San Bernardino. 2005. General Plan. Retrieved from City of San Bernardino Website:
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, page 2-2. Accessed
December 11, 2019.
-----. 2005. General Plan. Safety Element - Figure S-4, page 10-21. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, accessed December 19,
2019.
-----. 2005. General Plan. Land Use Map, Figure LU-2. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, accessed December 19,
2019.
-----. 2005. General Plan. Geology and Soils, Figure S-7. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, accessed December 19,
2019.
-----. 2005. General Plan. Figure NRC-1 – Potential Habitat for Sensitive Wildlife. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, accessed December 19,
2019.
-----. 2005. General Plan. Figure NRC-2 – Biological Resource Areas. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, accessed December 19,
2019.
-----. 2005. General Plan. Figure S-5, Liquefaction Susceptibility. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, accessed December 19,
2019.
-----. 2005. General Plan. Figure S-6, Potential Subsidence Areas. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, accessed December 19,
2019.
-----. 2005. General Plan. Figures S-8 and S-9, Wind Hazards and Fire Hazard Areas. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, accessed December 19,
2019.
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Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 178 June 2020
-----. 2005. General Plan. Figure U-2, Water Service Area Boundaries. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, accessed September
2019.
-----. 2005. General Plan. Figure S-2, Seven Oaks Dam Inundation Map. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199. Accessed on December
23, 2019.
-----. 2005. General Plan. Mineral Resources, Figure NRC-3, page 12-15. Available at
http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199. Accessed on December
23, 2019.
-----. 2005. General Plan. Sewerage Service Area Boundaries, Figure U-1 / Water Service Area Boundaries,
Figure U-2. Available at http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199.
Accessed on December 23, 2019.
Data Basin. 2019. California Mineral Resources. Available at:
https://databasin.org/maps/new#datasets=f2985196ca6b45cf8f2ad604beb95b34. Accessed on
December 23, 2019.
DOC. 2019. California Important Farmland Finder – Williamson Act Map. Available at.
https://maps.conservation.ca.gov/dlrp/ciff/, accessed on December 18, 2019.
-----. 2019. California Important Farmland Finder. Available at.
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List. Available at: https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=san+bernardino.
Accessed on December 21, 2019.
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accessed January 20, 2019
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NRCS. 2019. Web Soil Survey. Available at
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SoCalGeo. December 19, 2019. Geotechnical Investigation.
-----. December 19, 2019. Geotechnical Investigation.
Thienes Engineering. November 2019. Water Quality Management Plan, Form 5-1 BMP Inspection and
Maintenance.
-----. February 4, 2020. Conceptual Grading Plan.
-----. November 2019. Preliminary Hydrology Report.
-----. November 2019. Water Quality Management Plan, Form 4.2-1 LID BMP Performance Criteria for
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-----. October 2019. Due Diligence Report.
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General Plan Amendment 19-03,Development Code
Amendment (Zoning Map Amendment) 19-08,
Subdivision 19-16 (Tentative Parcel Map 20189), and
Development Permit Type-D 19-13
Presented by Travis Martin, Associate Planner
Community and Economic Development Department
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Proposed Project:
467,125 Square Foot Industrial Warehouse
Southeast corner of S. Foisy Street and E. Central Avenue
20.29 Acres
Public Park (PP) and Industrial Light (IL)
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Aerial Map:
PROJECT SITE
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Zoning Designation:
PROJECT SITE
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Analysis:
Change General Plan Lan Use Designation from Open Space to
Industrial and Zoning District from Public Park (PP) to Industrial Light
(IL) for 13.97 acres
Consolidate ten (10) existing parcels (20.29 acres) into one (1) parcel
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Existing Site (E. Central Avenue): 5.l
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Existing Site (S. Foisy Street) 5.l
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Site Plan: 5.l
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Elevations: 5.l
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Landscaping Plan: 5.l
Packet Pg. 474 Attachment: CED.GPA19-03.FOISY.PowerPoint [Revision 1]
Recommendation:
Adopt Resolution No. 2020-XX adopting the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, and approving General Plan
Amendment 19-03; and
Introduce for first reading, Ordinance No. MC-XXXX of the Mayor and City Council
of the City of San Bernardino, California, approving Development Code Amendment
(Zoning Map Amendment) 19-08; and
Adopt Resolution No. 2020-XX of the Mayor and City Council of the City of San
Bernardino, California, approving Subdivision 19-16 (Tentative Parcel Map 20189)
and Development Permit Type-D 19-13; and
Schedule the second reading of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on October 21, 2020.
The Mayor and City Council:
1.
2.
3.
4.
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Packet Pg. 475 Attachment: CED.GPA19-03.FOISY.PowerPoint [Revision 1]
Page 1
Public Hearing
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Ordinance Approving Development Code Amendment 20-01
(Social Service Facilities) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1) Introduce, read by title only, and waive further reading of Ordinance No. MC-
1548 of the Mayor and City Council of the City of San Bernardino, California,
approving Development Code Amendment 20-01 amending Section 19.02.050
(Definitions) and Section 19.04.030(2)(T) (Development Standards - Social
Service Uses/Centers) of the City of San Bernardino Development Code (Title
19) to update standards for Social Service Facilities; and
2) Schedule the second reading of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on October 21, 2020.
Background
On December 4, 2019, the Mayor and City Council adopted Urgency Ordinance No.
MC-1527 (Attachment B), enacting a forty-five (45) day moratorium on the approval of
land use entitlements and license or permit applications al lowing for the operation of
public or private social service uses or welfare operations at any location within 750 feet
of any residentially zoned property within the City. This moratorium was established to
allow staff the necessary time to evaluate the e xisting lands use categories, definitions
and development standards contained in the Development Code.
Subsequently, on January 15, 2020, the Mayor and City Council adopted Urgency
Ordinance No. MC-1529 (Attachment C), extending the moratorium by ten (10) months
and fifteen (15) days. The moratorium is currently set to expire on December 3, 2020.
Analysis
The City of San Bernardino Development Code defines social service use/centers, but it
also contains conflicting provisions which result in questions as to whether a Conditional
Use Permit is required to permit such operations in certain zoning districts within the
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City. This conflict creates the potential for negative impacts including increased
vehicular traffic and foot traffic, increased transient population in residential
neighborhoods, increased crime, increased blight, decreased property values, and
increased security threats to nearby schools when facilities are located within
incompatible areas of the City without the appropriate public review. Ac cordingly, the
Community and Economic Development Department has prepared an amendment to
the Development Code (Attachment A, Exhibit “A” and “B”) to address these conflicting
provisions, and establish additional standards to regulate the establishment and
operation of Social Service Facilities.
Existing Concerns
In order to address the existing concerns regarding the establishment and operation of
social services, staff conducted a thorough review, in conjunction with members of the
community, to identify those areas within the existing social service regulations that
required updating, and in some cases replacement. The following outlines those areas
as identified through this process:
The existing definition for “Social Service Uses/Centers” does not provide a clear
understanding of what would qualify as a social service, and has the potential to
allow unintended uses to establish in incompatible areas when not identified
correctly.
The existing standards do not address any distancing requirements fr om
residential areas or other sensitive uses that may be impacted by the
establishment of a social service facility.
Access requirements for facilities adjacent to residential neighborhoods do not
adequately limit vehicular traffic from encroaching on the adjacent properties.
The existing permitting requirements create ambiguous standards for when a
Conditional Use Permit would be required for a social service facility.
Proposed Changes
Based upon the issues outlined above, staff has prepared a series of proposed
amendments to the Development Code. The proposed changes include:
New definitions have been provided to define a “social service”, “social service
facility”, and “social service (residential) facility.” The additional distinction
between residential and non-residential social service facilities will better regulate
the establishment of office uses within or immediately adjacent to residential
neighborhoods. Clarification has also been added to distinguish between
independent facilities and other uses in which a social service or activity is an
ancillary component of a larger operation.
Minimum distancing requirements between facilities and other sensitive uses
have been established.
Access to facilities has been limited to major, secondary, and collector arterials.
In the case that a collector arterial leads to a residential neighborhood, staff will
work on a case by case basis to design the site to direct traffic to a major or
secondary arterial and away from a residential neighborhood.
Permit requirements have been updated to require a Conditional Use Permit for
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all (residential) facilities and for any other facility that is located within 750 feet of
a residentially zoned property. Facilities not including a residential component
that are located more than 1000 feet from a residentially zoned property would
be exempt from a Conditional Use Permit, and would instead be subject to
approval of a Development Permit.
Additionally, while not identified above, staff determined that several add itional points
required clarification. Accordingly, staff has also updated standards to define hours of
operation, secure waiting and other outdoor areas, and to require management and
security plans for all proposed facilities.
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future
development within the City, including the following:
Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique
neighborhoods.
Land Use Goal 2.2: Promote development that integrates with and
minimizes impacts on surrounding land uses.
The adoption and implementation of Development Code Amendment 20 -01 is
consistent with the City’s General Plan through the creation and implementation of clear
standards for the establishment and operation of Social Service Facilities within the City
of San Bernardino. By establishing standards for the permitting, location, and operation
of Social Service Facilities the City will ensure that they are located in areas best suited
to serve the target communities, while protecting existing residential neighborhoods
from undo impacts.
California Environmental Quality Act
In accordance with §15060 (Preliminary Review) of the California Environmental Quality
Act (CEQA), the Planning Division conducted an environmental evaluation in connection
with proposed Development Code Amendment 20 -01 and concluded that Development
Code Amendment 20-01 is not a project within the meaning of Section 15378 of the
State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no
potential for resulting in physical change in the environment, directly or indirectly.
Development Code Amendment 20-01 does not authorize any specific development
within the City’s boundaries. Moreover, when and if an application for a Social Service
Facility is submitted, the City will - at that time - conduct preliminary review of the
application in accordance with CEQA.
2020-2025 Key Strategic Targets and Goals
Development Code Amendment 20-01 aligns with Key Target No. 3: Improve Quality of
Life. The amendment providing clear definitions, standards and processing procedures
for the establishment and operation of Social Service Uses/Facilities operating within
the City.
Fiscal Impact
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No fiscal impact to the City from the adoption of this ordinance.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1) Introduce, read by title only, and waive further reading of Ordinance No. MC -
1548 of the Mayor and City Council of the City of San Bernardino, California,
approving Development Code Amendment 20-01 amending Section 19.02.050
(Definitions) and Section 19.04.030(2)(T) (Development Standards - Social
Service Uses/Centers) of the City of San Bernardino Devel opment Code (Title
19) to update standards for social Service Facilities; and
2) Schedule the second reading of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on October 21, 2020.
Attachments
Attachment 1 Ordinance No. MC-1548; Exhibit A - Development Code Section
19.02.050 (Definitions); Exhibit B - Development Code Section
19.04.030(2) (Development Standards-Social Service
Uses/Centers)
Attachment 2 Planning Commission Resolution No. 2020-038
Attachment 3 PowerPoint Presentation
Ward: ALL
Synopsis of Previous Council Actions
December 4, 2019 Mayor and City Council adopted Urgency Ordinance No. MC -1527,
enacting a forty-five (45) day moratorium on the approval of land
use entitlements and license or permit applications allowing for the
operation of public or private social service uses or welfare
operations at any location within 750 feet of any residentially zoned
property within the City.
January 15, 2020 Mayor and City Council adopted Urgency Ordinance No. MC -1529,
extending the moratorium by ten (10) months and fifteen (15) days.
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ORDINANCE NO. MC-1548
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 20-01
AMENDING SECTION 19.02.050 (DEFINITIONS) AND
SECTION 19.04.030(2)(T) (DEVELOPMENT STANDARDS –
SOCIAL SERVICE USES/CENTERS) OF THE CITY OF
SAN BERNARDINO DEVELOPMENT CODE (TITLE 19)
TO UPDATE STANDARDS FOR SOCIAL SERVICE
FACILITIES; AND FINDING DEVELOPMENT CODE
AMENDMENT 20-01 EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, on December 4, 2019, the Mayor and City Council adopted Urgency
Ordinance No. MC-1527, enacting a forty-five (45) day moratorium on the approval of land use
entitlements and license or permit applications allowing for the operation of public or private
social service uses or welfare operations at any location within 750 feet of any residentially
zoned property within the City;
WHEREAS, on January 15, 2020, the Mayor and City Council adopted Urgency
Ordinance No. MC-1529, extending the moratorium by ten (10) months and fifteen (15) days;
WHEREAS, Development Code Amendment 20-01 is a City-initiated amendment to
Section 19-02.050 (Definitions) and Section 19.04.030(2)(T) (Development Standards – Social
Service Uses/Centers of the City of San Bernardino Development Code (Title 19) to update
standards for Social Service Facilities;
WHEREAS, the Planning Division of the Community and Economic Development
Department of the City of San Bernardino has prepared Development Code Amendment 20-01
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 the California Environmental Quality Act
(“CEQA”), the Planning Division of the Community and Economic Development Department
evaluated Development Code Amendment 20-01 and determined that it is not a project within the
meaning of State CEQA Guidelines section 15378, and alternatively is exempt from CEQA
under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines;
WHEREAS, on September 22, 2020 the Planning Commission of the City of San
Bernardino held a duly noticed public hearing to consider public testimony and the staff report,
and adopted Resolution 2019-030 forwarding a recommendation of approval of Development
Code Amendment 19-02 to the Mayor and City Council; and
WHEREAS, notice of the October 7, 2020 public hearing for the Mayor and City
Council's consideration of this proposed Ordinance was published in The Sun newspaper on
September 25, 2020 in accordance with Development Code Chapter 19.52; and
6.a
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Ordinance No. MC-1548
2
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and
Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development
Code, the Mayor and City Council have the authority to take action on Development Code
Amendment 20-01.
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 by this
reference.
SECTION 2. Compliance with the California Environmental Quality Act. As the
decision-making body for the project, the Mayor and City Council has reviewed and considered
the information contained in the administrative record for Development Code Amendment 20-01.
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 hereby
finds, as follows:
(1) The administrative record has been completed in compliance with the California
Environmental Quality Act (“CEQA”), the State CEQA Guidelines, and the City’s Local CEQA
Guidelines;
(2) The proposed project is exempt from the requirements of the California
Environmental Quality Act (“CEQA”) under Section 15061(b)(3) (Review for Exemption) of the
CEQA Guidelines; and
(3) The determination of CEQA exemption reflects the independent judgment of the
Planning Commission.
SECTION 3. Finding of Facts – Development Code Amendment 20-01
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: Development Code Amendment 20-01 is consistent with the General Plan,
as follows:
Land Use Goal 2.1: Preserve and enhance San
Bernardino’s unique neighborhoods.
Land Use Goal 2.2: Promote development that integrates
with and minimizes impacts on surrounding land uses.
The adoption and implementation of Development Code Amendment
20-01 is consistent with the City’s General Plan through the creation and
implementation of clear standards for the establishment and operation of
Social Service Facilities within the City of San Bernardino. By
establishing standards for the permitting, location, and operation of Social
Service Facilities the City will ensure that they are located in areas best
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Ordinance No. MC-1548
3
suited to serve the target communities, while protecting existing
residential neighborhoods from undo impacts.
Finding No. 2: The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact: The adoption and implementation of Development Code Amendment 20-01
is necessary and desirable for the development of the community and is in
the interests or furtherance of the public health, safety, convenience, and
general welfare. In enacting the existing moratorium, the City determined
that there is an urgent need to clearly regulate land uses which may have
the potential to adversely impact existing business and neighborhoods
within the City. The adoption and implementation of Development Code
Amendment 20-01 will allow for the establishment of those uses deemed
necessary to serve the public while ensuring they do not create blight
within the community.
SECTION 4. Development Code Amendment 19-02 to amend Section 19.02.050
(Definitions) and Section 19.04.030(2) (Residential Zones Specific Standards) attached hereto
and incorporated herein by reference as EXHIBIT “A” through “B,” is hereby approved.
SECTION 5. Notice of Determination: The Planning Division of the Community and
Economic Development Department is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino within five (5) working days of final project
approval certifying the City’s compliance with the California Environmental Quality Act in
approving the Project.
SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance 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 Ordinance 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 Ordinance 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 Ordinance 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 Council and signed by the Mayor and attested
by the City Clerk this ___ day of _________, 2020.
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Packet Pg. 482 Attachment: CED.DCA20-01.SOCIAL.A1.Ordinance (6924 : Ordinance Approving Development Code Amendment 20-01 (Social Service
Ordinance No. MC-1548
4
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Ordinance No. MC-1548
5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1548, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the __ day of ______________, 2020. Ordinance No. MC-
1548 was approved, passed, and adopted at a regular meeting held 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, City Clerk
6.a
Packet Pg. 484 Attachment: CED.DCA20-01.SOCIAL.A1.Ordinance (6924 : Ordinance Approving Development Code Amendment 20-01 (Social Service
EXHIBIT A
Development Code Section 19.02.050
(Definitions)
19.02.050 (Definitions) shall be modified to read as follows:
Social Service Uses/Centers. A building or buildings used for recreational, educational, cultural,
or religions activities operated by nonprofit groups or agencies that are open to the public.
Related uses may include food service, childcare facilities, job training programs, after school
programs, medical clinics, and other similar uses or activities. Residential facilities may be
established as part of the use. Drug and alcohol recovery facilities (outpatient or residential) may
be a component of the social service use.
Social Service. A service or activity undertaken to advance the welfare of people in need. A
social service may include, but is not limited to, the distribution of food and/or goods;
rehabilitative or recovery assistance programs; self-help or other treatment or assistance; drug
and alcohol recovery facilities (outpatient or residential); supporting office use; supporting
medical office or clinic use; supporting vocational or trade training; supporting personal services;
and, any other use similar use as determined by the Director.
Social Service Facility. A facility operated by a non-profit group or agency (public and/or
private) that is open to the public that provides any service, or combination of services, defined
in this code as “social service” to people in need on a less than 24-hour basis. This classification
is distinguished from licensed day care centers, health clinics, and places of public assembly
where any social service or actively is deemed ancillary (i.e. does not occupy more than 25% of
the gross floor area) to the primary use or function; and, any other use similar use as determined
by the Director.
Social Service (Residential) Facility. A facility operated by a non-profit group or agency
(public and/or private) that is open to the public that provides any service, or combination of
services, defined in this code as “social service” to people in need in which the party being
served remains onsite on an overnight basis. This classification is distinguished from emergency
shelters providing 24-hour or overnight care and places of public assembly where any social
service or actively is deemed ancillary (i.e. does not occupy more than 25% of the gross floor
area) to the primary use or function; and, any other use similar use as determined by the Director.
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Packet Pg. 485 Attachment: CED.DCA20-01.SOCIAL.A1.Ordinance.ExhibitA-B (6924 : Ordinance Approving Development Code Amendment 20-01 (Social
EXHIBIT B
Development Code Section 19.04.030(2)
(Development Standards – Social Service Uses/Centers)
19.04.030(2)(T) (Development Standards – Social Service Uses/Centers) shall be replaced with
the following:
T. SOCIAL SERVICE FACILITIES
The following provisions are applicable to all social service facilities:
1. Action
Social Service Facilities may be established in commercial and industrial zones subject to
approval of a Development Permit. Facilities located within one thousand (1,000) of a
residentially zoned parcel may be permitted subject to approval of a Conditional Use Permit.
Social Service (Residential) Facilities may be established in multi-family residential and
commercial zones subject to approval of a Conditional Use Permit.
2. General Provisions
a. Hours of Operation. Facilities shall only be permitted to operate between the hours of
8:00 a.m. and 8:00 p.m. daily, unless authorized by the Planning Commission.
b. Waiting Areas. All waiting areas shall be located on the same premise as the facility
served, and shall not obstruct public access to sidewalks, rights-of-way, or adjacent
properties. In residential zones all waiting areas shall be located indoors.
c. Management Plan. All facilities shall provide a management plan that includes the
following:
Description of services provided.
Facility Capacity.
On-Site Management. On-site supervision must be provided at all times that the
center is in operation. The facility operator shall provide the name, phone number
and email address of an on-site manager to whom one can provide notice if there
are operating problems associated with the facility.
Residential Provisions (if applicable).
Security Plan (security staffing, alarms, etc.). The facility operator shall submit
a security plan for approval by the Director. The plan shall include provisions for
security staffing, alarms, and other elements the Director deems necessary to
ensure the security of the site. A centrally monitored alarm system shall be
installed and maintained in good working order.
Transportation Services Provided (if applicable).
d. Prohibited Activities. Patrons shall not be permitted on the site if not waiting for or
receiving services, and no consumption of alcoholic beverages shall be allowed on the
premises. The facility operator shall post a sign detailing these requirements.
e. Food and Goods Distribution. No distribution of food or goods to anyone not residing
at the facility shall be permitted from any facility located in or within one thousand
(1,000) feet of a residentially zoned parcel.
f. State Licensing. When one is required, evidence of preliminary state agency approval or
a current state agency license shall be provided to the department.
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EXHIBIT B
3. Development Standards
a. Outdoor Areas. All outdoor areas shall be adequately screened to prevent adverse
impacts on any adjacent properties.
b. Trash Receptacles. Outdoor trash receptacles shall be available near the primary
entrances and exits of the facility.
c. Residential Density. The density of residential uses shall be determined at project
review.
d. Distancing. Facilities shall not be any closer than five hundred (500) feet from any of the
following uses:
A public or private state licensed or accredited school.
A public park, playground, recreational area, or youth facility, including a nursery
school, preschool, or day-care facility.
A place of public assembly.
A hospital.
Another social service facility.
e. Access. The site shall have direct frontage along a major, secondary, or collector arterial.
Vehicular access shall be provided from a major, secondary, or collector arterial.
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Development Code Amendment 20-01
Social Service Facilities
Presented by Travis Martin, Associate Planner
Community and Economic Development Department
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Packet Pg. 497 Attachment: CED.DCA20-01.SOCIAL.PowerPoint (6924 :
Background:
December 14, 2019: Mayor and City Council adopted Urgency
Ordinance No. MC-1527, enacting a forty-five (45) day moratorium on
the approval of land use entitlements and license or permit
applications allowing for the operation of public or private social
service uses or welfare operations at any location within 750 feet of
any residentially zoned property within the City
January 15, 2020: Mayor and City Council adopted Urgency
Ordinance No. MC-1529, extending the moratorium by ten (10)
months and fifteen (15) days
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Packet Pg. 498 Attachment: CED.DCA20-01.SOCIAL.PowerPoint (6924 :
Existing Concerns:
Unclear Definition
Distancing Requirements from Sensitive Uses
Traffic Impacts
Conditional Use Permit
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Packet Pg. 499 Attachment: CED.DCA20-01.SOCIAL.PowerPoint (6924 :
Proposed Changes:
Definitions
“Social Service”
“Social Service Facility”
“Social Service (Residential) Facility” Distancing – 500 feet from sensitive uses Access limited to major, secondary, collector arterials CUP for (residential) facilities, and facilities within 1,000 feet of a residentially zoned parcel
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Packet Pg. 500 Attachment: CED.DCA20-01.SOCIAL.PowerPoint (6924 :
Proposed Changes:
Hours of Operation
8:00a.m. - 8:00p.m. daily, unless authorized by the Planning
Commission
Food and Goods distribution
Management Plan
Capacity
On-site management
Security Plan
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Packet Pg. 501 Attachment: CED.DCA20-01.SOCIAL.PowerPoint (6924 :
Recommendation:
Introduce for first reading, Ordinance No. MC-XXXX of the
Mayor and City Council of the City of San Bernardino,
California, approving Development Code Amendment
20-01; and
Schedule the second reading of the above Ordinance to
the regularly scheduled meeting of the Mayor and City
Council on October 21, 2020.
The Mayor and City Council:
1.
2.
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Page 1
Public Hearing
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Kris Jensen, Director of Public Works
Subject: Resolution Approving the Vacation of Alley of Scenic Drive
(Ward 3)
Recommendation
Conduct public hearing per Streets and Highway Code sections 8322-8325 and adopt
Resolution 2020-241 of the Mayor and City Council of the City of San Bernardino,
California, approving the vacation of the alley, east of Scenic Drive, and approximately
200 feet south of Inland Center Drive.
Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power
to vacate all or part of a street and sets forth the pr ocedures by which the power to
vacate may be executed. The requested alley vacation would be conducted under the
General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a
legislative body may initiate proceedings either on its own in itiative or upon a petition or
request of an interested person or persons. The initiation of proceedings starts with
fixing the date, hour and place of the hearing, followed by publishing and posting of
notices prior to the hearing. After the hearing, if the legislative body finds that the street
described in the notice of hearing or petition is unnecessary for present or prospective
public use, the legislative body may adopt a resolution vacating the alley. The alley
vacation is then recorded with the County Recorder’s office.
In August 2015, the City received a petition to vacate an alley east of Scenic Drive and
approximately 200 feet south of Inland Center Drive. The properties abutting the alley
are owned by one owner, who has submitted plans to const ruct a service station on his
properties. In order for the project to commence, an alley vacation is required to
complete the proposed development.
On July 15, 2020, the Mayor and City Council authorized staff to proceed with an
investigation and analysis to vacate Alley. On July 16, 2020, notices were sent out to
City Departments, San Bernardino County Fire, utility providers, including the Water
Department, and residents within 500’ informing them of the proposed street vacations.
Staff received no comments from stakeholders notified.
On August 18, 2020, the Planning Commission adopted Resolution 2020 -035PC
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forwarding a recommendation of approval to the Mayor and City Council for the Real
Property Street Vacation of alley of Scenic Drive and the reservation of utilities therein,
and finding that the project is Categorically Exempt under the California Environmental
Quality Act.
On September 2, 2020 the Mayor and City Council adopted Resolution No. 2020 -215
declaring its intention to conduct a public hearing on October 7, 2020, to order the
vacation of the alley, east of Scenic Drive, and approximately 200 feet south of Inland
Center Drive.
Discussion
In accordance with SHC sections 8322 and 8323 for a public hearing, notices were
published in The Sun newspaper for two successive weeks prior to the hearing.
Postings were made along the portion of alley, east of Scenic Drive, at least two weeks
prior to the public hearing date of October 7, 2020. At this time, interested parties may
present evidence to the Mayor and City Council. At the conclusion of the public hearing,
the Mayor and City Council will consider a resolution approving the vacation of the alley,
adopting a categorical exemption for the vacation and making a final order vacating the
alley.
The Planning Division of the Community and Economic Development Department
reviewed the proposed alley vacation for consistency with the City of San Bernardino
General Plan. The Circulation Element, which is part of the General Plan, is to design
and improve a circulation system to meet current and future needs of all residents,
businesses and visitors, allow more convenient and practical circulation to important
economic segment within the City and improve safety. The Planning Commission
determined that this alley vacation is consistent with the General Plan and vacating the
alley will not conflict with the City’s General Plan Circulation Element.
Additionally, street vacations are subject to the California Environmental Quality Act
(CEQA) and the Planning Division of the Community and Economic Development
Department concludes that this alley vacation action is categorically exempt from CEQA
as there is no possibility that the proposed activity may have a significant effect on the
environment as described in Planning Commission Resolution 2020-035 PC
(Attachment 3).
The vacation proceedings are not completed until the proposed Resolution 2020 -241
making the final order vacating the alley east of Scenic Drive, approximately 200 feet
South of Inland Center Drive, has been recorded with the San Bernardino County
Recorder’s office.
Future actions by the City will consist of:
Recordation of the Resolution of Vacation pursuant to SHC section 8325
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 2a: Develop and implement a community
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engagement plan. Public Hearings conducted in response to requests for alley
vacations provide an opportunity for surrounding property owners and members of the
public to engage with the Mayor and City Council, provide input through public
comments, and share in the discussion regarding vacating the public right of way.
Fiscal Impact
No General Fund impact. Costs incurred with this action have been paid by the
applicant in the amount of $2,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a public hearing per Streets and Highway Code sections 8322 -8325
and adopt Resolution 2020-241 of the Mayor and City Council of the City of San
Bernardino, California, approving the vacation of the alley, east of Scenic Drive, and
approximately 200 feet south of Inland Center Drive.
Attachments
Attachment 1 Resolution 2020-241; Exhibit A - Legal Description; Exhibit B - Plats
Attachment 2 Petition
Attachment 3 Resolution No. 2020-035PC
Attachment 4 PowerPoint Presentation
Ward: 3
Synopsis of Previous Council Actions:
July 15, 2020 The Mayor and City Council authorized staff to proceed with an
investigation and analysis to vacate Alley.
September 2, 2020 The Mayor and City Council adopted Resolution No. 2020-215
declaring its intention to conduct a public hearing on October 2,
2020, to order the vacation of portions of Alley of Scenic Drive
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RESOLUTION NO. 2020-241
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE VACATION OF AN ALLEY, EAST OF
SCENIC DRIVE, AND APPROXIMATELY 200 FEET
SOUTH OF INLAND CENTER DRIVE.
WHEREAS, in August 2015, the City received a petition to vacate an alley located east
of Scenic Drive, approximately 200 feet south of Inland Center Drive, to support development at
the location; and
WHEREAS, on July 15, 2020, the Mayor and City Council authorized staff to proceed
with an investigation and analysis to vacate an alley of Scenic Drive; and
WHEREAS, on July 16, 2020, notices were sent out to City Departments, San
Bernardino County Fire, utility providers, the Water Department, and residents within 500 feet of
the location, informing them of the proposed alley vacation; and
WHEREAS, on August 18, 2020, the Planning Commission adopted Resolution
No.2020-035PC forwarding a recommendation of approval to the Mayor and City Council for
the alley vacation, and finding that the project is Categorically Exempt under California
Environmental Act.
WHEREAS, on September 2, 2020 the Mayor and City Council adopted Resolution No.
2020-215 declaring its intention to conduct a public hearing on October 7, 2020, to order the
vacation of the alley; and
WHEREAS, on October 7, 2020 a public hearing was held where all persons interested
in or objecting to the proposed vacation areas appeared before the Mayor and City Council of
San Bernardino, California and offered evidence in relation to the vacation of the alley, east of
Scenic Drive, and approximately 200 feet south of Inland Center Drive.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of San Bernardino, California, in vacating an
alley located east of Scenic Drive, and approximately 200 feet from Inland Center Drive, elects
to proceed in accordance with the provisions of the “Public Streets, Highways and Service
Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the
State of California
SECTION 2. The Mayor and City Council of said City do hereby vacate that portion of
alley located east of Scenic Drive, approximately 200 feet from Inland Center Drive as described
on each of the legal descriptions attached hereto and incorporated as Exhibit “A” and depicted on
each of the maps attached hereto and incorporated herein as Exhibit “B.
7.a
Packet Pg. 506 Attachment: PW. Alley of Scenic Drive Vacation.01 Attachment 1- Resolution [Revision 1] (6905 : Resolution Approving the Vacation of Alley of
Resolution No. 2020-241
SECTION 3. Nothing in this Resolution shall in any way affect or disturb any other
existing easements for public utility purposes belonging either to the City of San Bernardino or
public entity that existed prior to these vacation proceedings. Reservations of easements are
made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets
and Highways Code of the State of California, with reservations of the easement as requested
from Public Utility Company or other public entity.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a si gnificant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. 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 6. 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 ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
7.a
Packet Pg. 507 Attachment: PW. Alley of Scenic Drive Vacation.01 Attachment 1- Resolution [Revision 1] (6905 : Resolution Approving the Vacation of Alley of
Resolution No. 2020-241
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, 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, City Clerk
7.a
Packet Pg. 508 Attachment: PW. Alley of Scenic Drive Vacation.01 Attachment 1- Resolution [Revision 1] (6905 : Resolution Approving the Vacation of Alley of
7.b
Packet Pg. 509 Attachment: PW. Alley of Scenic Drive Vacation - Exhibt A&B- Legal Description and Plat (6905 : Resolution Approving the Vacation of Alley of
7.b
Packet Pg. 510 Attachment: PW. Alley of Scenic Drive Vacation - Exhibt A&B- Legal Description and Plat (6905 : Resolution Approving the Vacation of Alley of
7.b
Packet Pg. 511 Attachment: PW. Alley of Scenic Drive Vacation - Exhibt A&B- Legal Description and Plat (6905 : Resolution Approving the Vacation of Alley of
7.cPacket Pg. 512Attachment: PW. Alley of Scenic Drive Vacation-Att. 2- Petition (6905 : Resolution Approving the Vacation
7.d
Packet Pg. 513 Attachment: PW. Alley of Scenic Drive Vacation - Resolution 2020-035PC (6905 : Resolution Approving the Vacation of Alley of Scenic Drive
7.d
Packet Pg. 514 Attachment: PW. Alley of Scenic Drive Vacation - Resolution 2020-035PC (6905 : Resolution Approving the Vacation of Alley of Scenic Drive
7.d
Packet Pg. 515 Attachment: PW. Alley of Scenic Drive Vacation - Resolution 2020-035PC (6905 : Resolution Approving the Vacation of Alley of Scenic Drive
7.d
Packet Pg. 516 Attachment: PW. Alley of Scenic Drive Vacation - Resolution 2020-035PC (6905 : Resolution Approving the Vacation of Alley of Scenic Drive
7.d
Packet Pg. 517 Attachment: PW. Alley of Scenic Drive Vacation - Resolution 2020-035PC (6905 : Resolution Approving the Vacation of Alley of Scenic Drive
7.d
Packet Pg. 518 Attachment: PW. Alley of Scenic Drive Vacation - Resolution 2020-035PC (6905 : Resolution Approving the Vacation of Alley of Scenic Drive
7.d
Packet Pg. 519 Attachment: PW. Alley of Scenic Drive Vacation - Resolution 2020-035PC (6905 : Resolution Approving the Vacation of Alley of Scenic Drive
7.d
Packet Pg. 520 Attachment: PW. Alley of Scenic Drive Vacation - Resolution 2020-035PC (6905 : Resolution Approving the Vacation of Alley of Scenic Drive
Public Hearing – Proposed Alley Vacation
Portion of Alley of Scenic Drive
Presented by Alex Qishta, Deputy Director of Public Works/City Engineer
7.e
Packet Pg. 521 Attachment: PW. Alley of Scenic Drive Vacation - Attachement
Public Hearing – Alley Vacation
•Applicant: Ed Haddad
•Reason for Request: The properties abutting the alley are owned by one
owner, the owner have submitted plans to construct a service station at the
corner of Inland Center Drive and Scenic Drive, in order for the project to
commence, an alley vacation is required to complete the proposed
development.
7.e
Packet Pg. 522 Attachment: PW. Alley of Scenic Drive Vacation - Attachement
Public Hearing – Alley Vacation
Proposed Vacation
Alley of Scenic Drive
7.e
Packet Pg. 523 Attachment: PW. Alley of Scenic Drive Vacation - Attachement
Public Hearing – Alley Vacation
AERIAL VIEW
Proposed Vacation
Alley of Scenic Drive
7.e
Packet Pg. 524 Attachment: PW. Alley of Scenic Drive Vacation - Attachement
Public Hearing – Alley Vacation
•Proposed alley vacation is consistent with general plan.
•Planning Commission concludes proposed vacation is categorically
exempt from CEQA and there is no significant impact on environment.
•Utility Companies notified – No Easements were requested.
•Notice of this hearing was posted and published; and mailed to
surrounding property owners.
7.e
Packet Pg. 525 Attachment: PW. Alley of Scenic Drive Vacation - Attachement
Questions?
7.e
Packet Pg. 526 Attachment: PW. Alley of Scenic Drive Vacation - Attachement
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Kris Jensen, Director of Public Works
Subject: Resolution Approving an Application to LAFCO for City Sewer
Services (Ward 6)
Recommendation
Adopt Resolution No. 2020-242 of the Mayor and City Council of the City of San
Bernardino, California, approving the Application to the Local Agency Formation
Commission to provide City sewer services to a property within an unincorporated
territory located on the southwest side of Cajon Boulevard, just south of Shelter Way
(APN 0262-042-22) and authorizing the City Manager to execute an Irrevocable
Agreement to Annex.
Background
The San Bernardino Municipal Water Department has recently received a request for
sewer service from the owner of the parcel located the southwest side of Cajon
Boulevard, just south of Shelter Way (APN 0262 -042-22) for a connection to the sewer
collection system. The parcel is located in an unincorporated area along the south side
of Cajon Boulevard, south of the intersection of Shelter Way and Cajon Boulevard and
north of Palm Avenue. The property owner is subdividing the parcel into three parcels,
developing the parcels for industrial use and is requesting to connect to the sewer
collection system.
In 1994, the California Government Code Section was amended by the addition of
Section 56133, which requires the Local Agency Formation Commission (LAFCO) to
approve the provision of new City services outside its corporate boundaries. The
annexation of single parcels is not desirable since it creates uneven boundaries and
creates confusion regarding the delivery of other City services. This property is
contiguous to City boundaries; however annexation of this property would result in other
islands.
In September of 1997, the City adopted a policy relative to the providing of sewer
services outside of City boundaries. The petitioner will pay all LAFCO related fees
directly to LAFCO, the normal sewer capacity and connection fees and $1,321 to the
City's Public Works Department for processing the Irrevocable Annexation Agreement.
The policy also requires the land use to be consistent with the City's Genera l Plan and
the property owner to execute an "Irrevocable Agreement to Annex" in the event that
8
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6914
Page 2
this property is included in an annexation proceeding sometime in the future.
Discussion
The Water Department has indicated that there is adequate capacity at t he wastewater
treatment plant to serve this property and the Planning Department has indicated that
the proposed land use is consistent with the City's General Plan. The Water
Department has determined that there is capacity in the sewer collection system s and a
15-inch diameter sewer main line that runs along Cajon Boulevard, adjacent to this
property, is available.
LAFCO requires that the application be made by the agency that is to provide the
service. The attached Resolution approves the application to LAFCO and has been
attached for your action. Upon approval by LAFCO the Irrevocable Agreement to
Annex will be executed between the City and the applicant.
2020-2025 Key Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent wit h Key Target No. 4b: Economic
Growth & Development - Update the General Plan and Development Code as it ensures
this property meets General Plan use and will be included in a future City annexation of
this unincorporated area.
Fiscal Impact
There is no fiscal impact associated with this action.
The $1,321 processing fee has been paid to Public Works by the applicant for
processing of the Irrevocable Annexation Agreement. The applicant will also pay the
corresponding sewer capacity and connection fees to the Water Department, and other
LAFCO application fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-242, approving the Application to the Local
Agency Formation Commission to provide City sewer services to a property within an
unincorporated territory located on the southwest side of Cajon Boulevard, just south of
Shelter Way (APN 0262-042-22) and authorizing the City Manager to execute an
Irrevocable Agreement to Annex.
Attachments
Attachment 1 Resolution 2020-242; Exhibit A - Application for Extension of
Service by Contract; Exhibit B - Irrevocable Annexation Agreement
Attachment 2 Vicinity Map
Attachment 3 Application
Ward: 6
Synopsis of Previous Council Actions:
8
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6914
Page 3
1994 The California Government Code Section was amended by the
addition of Section 5611, which requires the Local Agency
Formation Commission (LAFCO) to approve the provision of new
City services outside its corporate boundaries.
September 1997 The City adopted a policy relative to the providing of sewer services
outside of City boundaries.
8
Packet Pg. 529
RESOLUTION NO. 2020-242
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE
CITY SEWER SERVICES TO A PROPERTY WITHIN AN
UNINCORPORATED TERRITORY LOCATED AT THE
SOUTHWEST SIDE OF CAJON BOULEVARD, SOUTH OF
SHELTER WAY (APN 0262-042-22) AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AN IRREVOCABLE
AGREEMENT TO ANNEX
WHEREAS, Food Express, Inc., owner of the property located on the southwest side of
Cajon Boulevard, just south of Shelter Way, located in an unincorporated area, also known as
Assessor’s Parcel Number 0262-042-22, has requested connection to the City of San
Bernardino’s sewage system; and
WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San
Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer
service outside the corporate limits of the City of San Bernardino; and
WHEREAS, pursuant to California Government Code Section 56133, a city or district
may provide new or extended services by contract or agreement outside its jurisdictional
boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and
WHEREAS, pursuant to Resolution No. 97-275 the property owner requesting
connection to the City’s sewage system and wastewater treatment plant service system must pay
all applicable fees required by the LAFCO
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. That the Mayor and City Council of the City of San Bernardino hereby
make application to the Local Agency Formation Commission for the connection to the City’s
sewage system for property located on the southwest side of Cajon Boulevard, just south of
Shelter Way, (APN 0262-042-22), more fully described as follows:
Portion of Rancho Muscupiabe, in the County of San Bernardino, as per plat recorded in
Book 7 of Maps, Page 23, in the office of the County Recorder of San Bernardino
County, State of California with Assessor’s Parcel Number(s): 0262-042-22.
8.a
Packet Pg. 530 Attachment: PW. Irrevocable Agreement to Annex No. 2020-362.01 - Attachment 1 - Reso (6914 : Resolution Approving an Application to
Resolution No. 2020-242
SECTION 3. The City Manager, or designee, is hereby authorized to file an Application
for Extension of Service by Contract, a copy of which is attached hereto as said Exhibit “A” and
made a part hereof, with the San Bernardino LAFCO
SECTION 4. The City Manager or designee is hereby authorized to execute an
Irrevocable Agreement to Annex No. 2020-362, a copy of which is attached as Exhibit “A-1” of
said application, upon approval by the LAFCO.
SECTION 5. That the City Clerk is hereby authorized and directed to file, or cause to be
filed, a certified copy of this resolution with the Executive Officer of the LAFCO
SECTION 6. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environm ent, the activity is not
subject to CEQA.
SECTION 7. 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 8. 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 ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
8.a
Packet Pg. 531 Attachment: PW. Irrevocable Agreement to Annex No. 2020-362.01 - Attachment 1 - Reso (6914 : Resolution Approving an Application to
Resolution No. 2020-242
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, 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, City Clerk
8.a
Packet Pg. 532 Attachment: PW. Irrevocable Agreement to Annex No. 2020-362.01 - Attachment 1 - Reso (6914 : Resolution Approving an Application to
____________________
(FOR LAFCO USE ONLY)
SAN BERNARDINO LAFCO
APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
(A certified copy of the City Council/District Board of Directors resolution or a letter from the City
Manager/General Manager requesting approval for an out-of-agency service agreement must
be submitted together with this application form.)
AGENCY TO EXTEND SERVICE:
AGENCY NAME: _________________________________________
CONTACT PERSON: _________________________________________
ADDRESS: _________________________________________
_________________________________________
PHONE: _________________________________________
EMAIL: _________________________________________
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER: _________________________________________
CONTACT PERSON: _________________________________________
MAILING ADDRESS: _________________________________________
_________________________________________
PHONE: _________________________________________
EMAIL: _________________________________________
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT: _________________________________________
_________________________________________
CONTRACT NUMBER/IDENTIFICATION: _________________________________________
PARCEL NUMBER(S): _________________________________________
ACREAGE: _________________________________________
8.b
Packet Pg. 533 Attachment: PW. Irrevocable Agreement to Annex No. 2020-362 - Exhibit A - Application for Extension of Service by Contract (6914 : Resolution
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
The following questions are designed to obtain information related to the proposed
agreement/contract to allow the Commission and staff to adequately assess the proposed
service extension. You may include any additional information which you believe is pertinent.
Please use additional sheets where necessary.
1.(a) List the type or types of service(s) to be provided by this agreement/contract.
________________________________________________________________
________________________________________________________________
________________________________________________________________
(b) Are any of the services identified above "new" services to be offered by the
agency? YES NO. If yes, please provide explanation on how the agency
is able to provide the service.
________________________________________________________________
________________________________________________________________
________________________________________________________________
2.Is the property to be served within the agency's sphere of influence? YES NO
3.Please provide a description of the service agreement/contract.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
4. (a) Is annexation of the territory by your agency anticipated at some point in the
future? YES NO. If yes, please provide a projected timeframe when it
anticipates filing an application for annexation of territory that would include the
area to be served. If no, please provide an explanation as to why a jurisdictional
change is not possible at this time.
________________________________________________________________
________________________________________________________________
________________________________________________________________
8.b
Packet Pg. 534 Attachment: PW. Irrevocable Agreement to Annex No. 2020-362 - Exhibit A - Application for Extension of Service by Contract (6914 : Resolution
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
(b) Is the property to be served contiguous to the agency's boundary?
YES NO. If yes, please provide explanation on why annexation to the
agency is not being contemplated.
________________________________________________________________
________________________________________________________________
________________________________________________________________
5. Is the service agreement/contract outside the Agency’s sphere of influence in response
to a threat to the public health and safety of the existing residents as defined by
Government Code Section 56133(c)?
YES NO. If yes, please provide documentation regarding the circumstance (i.e.
letter from Environmental Health Services or the Regional Water Quality Control Board).
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
6. (a) What is the existing use of the property?
________________________________________________________________
________________________________________________________________
(b) Is a change in use proposed for the property? YES NO. If yes, please
provide a description of the land use change.
________________________________________________________________
________________________________________________________________
7. If the service agreement/contract is for development purposes, please provide a
complete description of the project to be served and its approval status.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
8.b
Packet Pg. 535 Attachment: PW. Irrevocable Agreement to Annex No. 2020-362 - Exhibit A - Application for Extension of Service by Contract (6914 : Resolution
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
8. Are there any land use entitlements/permits involved in the agreement/contract?
YES NO. If yes, please provide documentation for this entitlement including the
conditions of approval and environmental assessment that are being processed together
with the project. Please check and attach copies of those documents that apply:
Tentative Tract Map / Parcel Map
Permit (Conditional Use Permit, General Plan Amendment, etc.)
Conditions of Approval
Negative Declaration (Initial Study)
Notice of Determination (NOD)/Notice of Exemption (NOE)
Department of Fish and Game (DFG) Receipt
Others (please identify below)
________________________________________________________________
________________________________________________________________
9. Has the agency proposing to extend service conducted any CEQA review for this
contract? YES NO. If yes, please provide a copy of the agency’s environmental
assessment including a copy of the filed NOD/NOE and a copy of the DFG Receipt.
10. Plan for Service:
(a) Please provide a detailed description of how services are to be extended to the
property. The response should include, but not be limited to, a description of:
1)capacity of existing infrastructure, 2) type of infrastructure to be extended or
added to serve the area, 3) location of existing infrastructure in relation to the
area to be served, 4) distance of infrastructure to be extended to serve the area,
and 5) other permits required to move forward with the service extension.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
8.b
Packet Pg. 536 Attachment: PW. Irrevocable Agreement to Annex No. 2020-362 - Exhibit A - Application for Extension of Service by Contract (6914 : Resolution
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(b) Please provide a detailed description of the overall cost to serve the property.
The response should include the costs to provide the service (i.e. fees,
connection charges, etc.) and also the costs of all improvements necessary to
serve the area (i.e. material/equipment costs, construction/installation costs,
etc.).
Description of Fees/Charges Cost Total
Total Costs
(c) Please identify any unique costs related to the service agreement such as
premium outside City/District rates or additional 3rd-party user fees and charges
(i.e. fees/charges attributable to other agencies).
________________________________________________________________
________________________________________________________________
________________________________________________________________
8.b
Packet Pg. 537 Attachment: PW. Irrevocable Agreement to Annex No. 2020-362 - Exhibit A - Application for Extension of Service by Contract (6914 : Resolution
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
(d) If financing is to occur, please provide any special financial arrangement between
the agency and the property owner, including a discussion of any later repayment
or reimbursement (If available, a copy of the agreement for
repayment/reimbursement is to be provided).
________________________________________________________________
________________________________________________________________
________________________________________________________________
11 Does the City/District have any policies related to extending service(s) outside its
boundary? YES NO. If yes, has a copy been provided to LAFCO?
YES NO. If not, please include a copy of the policy or policies (i.e.
resolution, municipal code section, etc.) as part of the application.
________________________________________________________________
________________________________________________________________
________________________________________________________________
CCEERRTTIIFFIICCAATTIIOONN
As a part of this application, the City/Town of _________________, or the
______________________ District/Agency agree to defend, indemnify, hold harmless, promptly
reimburse San Bernardino LAFCO for all reasonable expenses and attorney fees, and release
San Bernardino LAFCO, its agents, officers, attorneys, and employees from any claim, action,
proceeding brought against any of them, the purpose of which is to attack, set aside, void, or
annul the approval of this application or adoption of the environmental document which
accompanies it.
This indemnification obligation shall include, but not be limited to, damages, penalties, fines and
other costs imposed upon or incurred by San Bernardino LAFCO should San Bernardino
LAFCO be named as a party in any litigation or administrative proceeding in connection with this
application.
The agency signing this application will be considered the proponent for the proposed action(s)
and will receive all related notices and other communications. I understand that if this
application is approved, the Commission will impose a condition requiring the applicant to
indemnify, hold harmless and reimburse the Commission for all legal actions that might be
initiated as a result of that approval.
8.b
Packet Pg. 538 Attachment: PW. Irrevocable Agreement to Annex No. 2020-362 - Exhibit A - Application for Extension of Service by Contract (6914 : Resolution
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
I hereby certify that the statements furnished above and in the attached exhibits present the
data and information required for this evaluation of service extension to the best of my ability,
and that the facts, statement and information presented herein are true and correct to the best
of my knowledge and belief.
SIGNED ________________________________
NAME: _____________________________
POSITION TITLE: _____________________________
DATE: _____________________________
REQUIRED EXHIBITS TO THIS APPLICATION:
1.Copy of the agreement/contract.
2.Map(s) showing the property to be served, existing agency boundary, the location of the
existing infrastructure, and the proposed location of the infrastructure to be extended.
3.Certified Plan for Service (if submitted as a separate document) including financing
arrangements for service.
Please forward the completed form and related information to:
Local Agency Formation Commission for San Bernardino County
1170 W. Third Street, Unit 150,
San Bernardino, CA 92415-0490
PHONE: (909) 388-0480 ● FAX: (909) 388-0481
Rev: krm – 8/19/2015
8.b
Packet Pg. 539 Attachment: PW. Irrevocable Agreement to Annex No. 2020-362 - Exhibit A - Application for Extension of Service by Contract (6914 : Resolution
LAFCO SC#
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)
This Irrevocable Agreement to Annex (“Agreement”), is entered into this
day of , 2020; by and between FOOD EXPRESS, an
CALIFORNIA CORPORATION hereinafter referred to as “OWNER,” and the CITY
OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred
to as “CITY.” OWNER and CITY may be referred to in this Agreement
individually as “Party” and collectively as “Parties”.
RECITALS:
WHEREAS, OWNER holds title to the unincorporated parcel, located at the
southwest side of Cajon Boulevard, just south of Shelter Way , California, and
parcel is further described as follows: Portion of Rancho Muscupiabe, in the
County of San Bernardino, as per plat recorded in Book 7 of Maps, Page 23,
in the office of the County Recorder of San Bernardino County, State of California
with Assessor’s Parcel Number(s): 0262-042-22 (“Property”).
WHEREAS, the Property is within the CITY’s sphere of influence; and
WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater
treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could
be provided to the Property by connecting to the CITY’s sewage system; and
WHEREAS, CITY’s sewage system and wastewater treatment plant have
sufficient capacity to convey and treat the sewage generated by the Property; and
WHEREAS, the covenants and conditions set forth herein shall create an
equitable servitude upon the parcel, and shall be fully binding upon OWNER’s heirs,
successors and assigns.
NOW, THEREFORE, the Parties hereto agree as follows:
IRREVOCABLE AGREEMENT TO ANNEX
No. 2020-362
8.c
Packet Pg. 540 Attachment: PW. Irrevocable Agreement to Annex No. 2020-362 - Exhibit A1- Irrevocable Agreement to Annex [Revision 1] (6914 : Resolution
LAFCO IRREVOCABLE AGREEMENT TO ANNEX NO. 2020-
SC#
SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to
covenant for itself, its agents, employees, contractors, heirs, successors and
assigns (“Successors”) not in any way object to, protest, delay, frustrate or
otherwise impede any annexation proceedings concerning the annexation of the
Property to the CITY. OWNER and its Successors shall cooperate in every
reasonable way with the requests of the CITY, the San Bernardino Local
Agency Formation Commission (“LAFCO”), or any other public agency in any
proceedings to annex the Property to the CITY. The OWNER’s and its
Successor’s cooperation shall include, but not be limited to, the filing of all
necessary applications, petitions, plans, drawings, and any other documentation
or information required by the CITY, LAFCO, or any other public agency.
b. To pay such annexation fees and costs and other municipal charges as would
ordinarily be charged in the annexation of property to the CITY. Said fees shall
be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to
connect to and use the CITY’s sewage system and wastewater treatment plant
service system, and further agrees to be bound by all CITY ordinances, rules
and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all
future heirs, successors and assigns; and that said Agreement shall be
irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code and any rules and
regulations promulgated by the Water Board of the San Bernardino Municipal
Water Department relating to CITY’s sewage system and wastewater treatment
plant service system.
f. To make application to LAFCO, and allow CITY to make application on behalf
of the OWNER and pay all application fees, for approval to connect to CITY’s
sewage system, pursuant to Section 56133 of the Government Code.
g. To execute a standard form agreement with CITY stipulating the terms and
conditions under which the connection to the CITY’s sewage system and
wastewater treatment plant service system shall be made and maintained.
h. OWNER acknowledges and agrees that if CITY determines that any attempted
annexation fails or is unreasonably delayed because the OWNER or Successor
failed to exercise good faith and best efforts to cause or assist in permitting the
annexation to occur, any connection to CITY’s sewage system and wastewater
treatment plant service system permitted or authorized by this agreement may
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be disconnected at the sole option of CITY and upon reasonable notice to the
OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance
with reasonable residential standards. Reasonable standards are defined as the
level of maintenance service necessary to keep the appearance and operation of
the Property free from visible defects, deterioration, dirt and debris.
j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff
harmless from any and all liability, claims, costs (including reasonable
attorneys’ fees), damages, expenses and causes of action resulting from any
construction performed under or otherwise related to performance of this
Agreement.
SECTION II CITY AGREES:
a. To allow OWNER’s parcel, described hereinbefore, to connect to CITY’s
sewage system and wastewater treatment plant service system, subject to
payment of all applicable fees and permits.
SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder.
b. The benefit to the subject parcel will inure to the benefit of subsequent owners,
their heirs, successors, and assigns, and the agreements, conditions, and
covenants contained herein shall be binding upon them and upon the land.
c. The approval granted to connect said parcel to CITY’s sewage system and
wastewater treatment plant service system is contingent upon OWNER
securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual
arms-length negotiation and drafting. Accordingly, the rule of construction
which provides the ambiguities in a document shall be construed against the
drafter of that document shall have no application to the interpretation and
enforcement of this Agreement. In any action or proceeding to interpret or
enforce this Agreement, the finder of fact may refer to any extrinsic evidence
not in direct conflict with any specific provision of this Agreement to determine
and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the
Parties at the time of such amendment. If either Party commences an action
against the other Party arising out of or in connection with this Agreement, the
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prevailing party shall be entitled to have and recover from the losing Party
reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such
attorneys’ fees and costs, such award shall constitute a lien upon the Property.
g. Failure to insist on any one occasion upon strict compliance with any of the
terms, covenants or conditions hereof shall not be deemed a waiver of such
term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver
or relinquishment of such other right or power at any other time or times.
h. This Agreement has been executed in and shall be governed by the laws of the
State of California. Venue shall be in the County of San Bernardino.
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SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be
entered into as of the Effective Date set forth above.
CITY OF SAN BERNARDINO
Approved By:
OWNER
Robert D. Field
City Manager
Signature
Name
Sonia Carvalho
City Attorney
Attested By:
Genoveva Rocha
City Clerk
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
On before me, , Notary
Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
(Seal)
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
On before me, , Notary
Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
(Seal)
8.c
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Page 1
Public Hearing
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Appeal 20-01 Conditional Use Permit 20-08 BioLife Plasma
Donation Facility–2065 E. Highland (Ward 7)
Recommendation
Adopt Resolution No. 2020-243 of the Mayor and City Council of the City of San
Bernardino, California, denying Appeal 20-01, thereby upholding the Planning
Commission’s decision finding the project subject to a categorical exemption and
approving Conditional Use Permit 20-08 allowing the establishment of a BioLife Plasma
Donation Center at 2065 E. Highland Avenue, San Bernardino, CA.
Background
On June 23, 2020, the Planning Commission adopted Resolution No. 2020 -029
approving the establishment of a Biomedical Plasma Donation Center in an existing
11,844 square feet commercial tenant space within an existing multi -tenant commercial
center (Sterling Plaza) on the southeast corner of Highland Avenue and Sterling
Avenue. Vice Chair Jones made the motion and Commissioner Jaramillo seconded the
motion. The motion carried with the following vote:
Ayes: Guerrero, Sanchez, Jones, Chang, and Jaramillo
Nays: Woolbert
Absent: Lopez, Quiel, and Liang
A copy of the June 23, 2020 Planning Commission staff report and resolution are
included as Attachment 2 providing background information, the analysis and conditions
of approval for the proposed plasma donation center.
Grounds for Appeal
On July 6, 2020, an appeal was filed (Attachment 3). The specific grounds for the
appeal are, as follows:
1. The plasma donation center should not be exempt from CEQA pursuant to
Section 15301 (Existing Facilities) as it is not compatible with the previously
existing use of a fabric store.
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2. The plasma donation facility will have adverse impact on parking, circulation and
traffic in the existing multi-tenant commercial center.
3. The plasma donation center will attract homeless individuals because of the
economic incentive provided to qualified donors in the form of a debit card.
4. The plasma donation center will encourage criminal activity through the receiving
of the economic incentive in the form of a debit card.
Response to Appeal
The Planning Division of the Community and Economic Development Department has
prepared the following responses to address the grounds for the appeal:
1. California Environmental Quality Act (CEQA) guidelines Sectio n 15301 (Existing
Facilities) does not require a like for like substitution. Section 15301 Exemption
for Existing Facilities is appropriate for this project because it proposes a
commercial use replacement of a prior commercial use. Additionally, the
intended use is not a new use and is accounted in the City’s Development Code.
“Blood Banks” are listed in the Table 06.01(H) of the City of San Bernardino’s
Development Code Chapter 19.06, as a commercial establishment which
provides services of a medical/care nature related to the health and well-being of
the City’s residents. Section 19.02.050 of the City’s Development Code defines
“Blood Bank” as follows:
“A place where blood is collected from donors, typed, separated into
components, stored, and prepared for transfusion to recipients. A blood
bank may be a separated free-standing facility or part of a larger
laboratory in a hospital, and may also include plasma centers.”
Therefore, there is no requirement that the intended use be the same type of use
of the prior tenant, a fabric store; and plasma donation centers are expressly
included in the definition of a blood blank, which is a conditionally permitted use.
2. The City’s Traffic Engineering Division of the Public Works Department reviewed
the proposed Biomedical Plasma Donation Center and determined that, based
on the information submitted, a Traffic Impact Analysis was not required for the
proposed use. Specifically, due to the limited size of the commercial tenant
space the use would occupy and th e proposed operations of the Biomedical
Plasma Donation Center, such operations would generate a minimal amount of
traffic above and beyond that previously experienced by the prior business
and/or standards commercial uses typically anticipated and planned for in a
multi-tenant commercial center. Additionally, this existing multi -tenant
commercial center has multiple vehicular points of access from both N. Sterling
Avenue and E. Highland Avenue ensuring adequate ingress and egress onto and
off of the commercial center. Lastly, the proposed plasma donation center uses
of a mobile app for online appointment scheduling reducing the amount of people
waiting in line to enter the facility.
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The multi-tenant commercial center where the Biomedical Plasma Donatio n
Center is proposed is identified as the Sterling Plaza. The Plaza has multiple
owners and the property has a reciprocal access agreement in place that allows
for internal circulation; ingress and egress to parking areas, and designated
“paths of travel” are in place ensuring pedestrian safety.
3. The operator for the plasma donation center has provided information indicating
that 86% of their typical donors throughout their 123 facilities located throughout
the United States are employed, students, retired, or homemakers. The operator
will be implementing several security measures as stated in the Conditions of
Approval, including regular maintenance of the site to include the removal of
litter, graffiti, trash, and other debris, and the installation of adequate lighting.
Additionally, the operator for the plasma donation center thoroughly vets all
donors in order to comply with rigorous Food and Drug Administration (FDA)
licensing requirements. There is no conclusive evidence that the proposed
plasma donation center would attract homeless individuals to the area, nor does
this segment of the community frequent such facilities and/or donate plasma.
4. There is no evidence provided to support the claim that the economic incentive in
the form a debit card will encourage criminal activity, such as drug dealing. On
the contrary, the operator will be creating new jobs and paying approximately
$3,000,000 per year in donor compensation, of which 80% (approximately
$2,400,000) is spent within the community. Additionally, the operator has to
meet rigorous FDA regulations in order to maintain their license.
2020-2025 Key Strategic Targets and Goals
Conditional Use Permit 20-08 aligns with Key Target No. 3 and 4: Improve Quality of
Life and Economic Growth and Development. The project operator and applicant
proposes to renovate and improve an existing vacant tenant space located within an
existing multi-tenant commercial center that allows them (BioLife) to provide customers
with the opportunity to be part of life-saving therapies that will help in keeping people
healthy. Additionally, they will provide revenue generating benefits by compensating
donors, whom spend 80% (approximately $2,400,000) of that compensation within the
immediate community.
Fiscal Impact
There will be no fiscal impacts associated with the project. City Services will be provided
to this project similar to other commercial tenant improvements in the City and
surrounding area.
Conclusion
The establishment of a Biomedical Plasma Donation Center is consistent with the
policies of the City’s General Plan and complies with the standards of the City’s
Development Code. Therefore, staff recommends that the Mayor and City Council of
the City of San Bernardino, California, adopt Resolution No. 2020-243 denying Appeal
20-01, thereby upholding the Planning Commission’s decision finding the project subject
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to a categorical exemption and approving Conditional Use Permit 20 -08 allowing the
establishment of a BioLife Plasma Donation Center at 2065 E. Highland Avenue, San
Bernardino, CA.
Attachments
Attachment 1 Resolution No. 2020-243; Exhibit A - Approved Plans
Attachment 2 Minutes for the Planning Commission, Planning Commission Staff
Report and Resolution 2020-029, dated June 23, 2020.
Attachment 3 Application for Appeal 20-01
Ward: 7
Synopsis of Previous Council Actions: None
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RESOLUTION NO. 2020-243
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DENYING APPEAL 20-01, THEREBY UPHOLDING THE
PLANNING COMMISSION’S DECISION FINDING THE
PROJECT SUBJECT TO A CATEGORICAL EXEMPTION
UNDER CEQA AND APPROVING CONDITIONAL USE
PERMIT 20-08 ALLOWING THE ESTABLISHMENT OF A
BIOMEDICAL PLASMA DONATION CENTER AT 2065 E.
HIGHLAND AVENUE (APN: 1191-011-14 AND 19) WITHIN
THE COMMERCIAL GENERAL (CG-1) ZONE
WHEREAS, on April 14, 2020, pursuant to the requirements of Chapter 19.36
(Conditional Use Permits) and Section 19.06.020(H)(1) (Blood Banks) of the City of San
Bernardino Development Code, an application for Conditional Use Permit 20-08 was duly
submitted by:
Property Owner: Novak, LLC
22711 La Quilla Drive
Chatsworth, CA 91311
Project Applicant: JCW Development, LLC
100 Tower Drive
Beaver Dam, WI 53916
Property Address: 2065 E. Highland Avenue
APN(S): 1191-011-14 and 19; and
WHEREAS, Conditional Use Permit 20-08 is a request to establish a Biomedical Plasma
Donation Center in an existing commercial tenant space containing approximately 11,844 square
feet within an existing multi-tenant commercial center; and
WHEREAS, the Planning Division of the Community and Economic Development
Department has reviewed Conditional Use Permit 20-08 for consistency with the City of San
Bernardino General Plan and compliance with the City of San Bernardino Development Code;
and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
(“CEQA”), the Planning Division of the Community Development Department has evaluated
Conditional Use Permit 20-08 and determined that it is exempt from CEQA pursuant to a
Categorical Exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300)
and the application of that Categorical Exemption is not barred by one of the exemptions set
forth in CEQA Guidelines Section 15300.2; and
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WHEREAS, on June 13, 2020, pursuant to the requirements of Section 19.52.020
(Hearing and Appeals – Application Processing) 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, and by mailing notices to the property
owners within 500 feet of the subject property of the holding of a public hearing at which
Conditional Use Permit 20-08 would be considered; and
WHEREAS, on June 23, 2020, pursuant to the requirements of §19.52.040 (Hearing and
Appeals – Application Processing) 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 Conditional Use Permit 20-08 and at
which meeting the Planning Commission considered the Conditional Use Permit 20-08; and
WHEREAS, after public testimony and deliberation among the Planning Commission
during said public hearing, Vice Chair Jones made a motion to adopt Resolution No. 2020-029
approving Conditional Use Permit 20-08 and Commissioner Jaramillo seconded the motion. The
motion carried the following vote:
Ayes: Guerrero, Liang, Quiel and Sanchez
Nays: Chang, Jones, Lopez and Woolbert
Absent: Ruiz; and
WHEREAS, on July 6, 2020, pursuant to the requirements of Section 19.52.100 (Filing
of Appeals) of the City of San Bernardino Development Code, Appeal 20-01 for Conditional Use
Permit 20-08 was submitted; and
WHEREAS, notice of the October 7, 2020 public hearing for the Mayor and City
Council's consideration of the proposed Resolution for Appeal 20-01 for Conditional Use Permit
20-08 was published in The Sun newspaper on September 26, 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 Appeal 20-01 for Conditional Use
Permit 20-08.
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. Appeal 20-01 is hereby denied. The Planning Commission’s decision
approving Conditional Use Permit 20-08 is upheld and Conditional Use Permit 20-08 is adopted
pursuant to the following findings of fact:
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Finding No. 1: The proposed use is conditionally permitted within, and would not impair
the integrity and character of the subject land use district and complies
with all of the applicable provisions of the Development Code.
Finding of Fact: The proposed project to allow the tenant improvement of an existing
tenant space containing approximately 11,844 square feet for the
establishment and operation of a plasma donation center within an existing
multi-tenant commercial center containing approximately 106,144 square
feet is a conditionally permitted use, pursuant to Chapter 19.36 and
Section 19.06.020 of the City of San Bernardino Development Code. The
project site is located in a Commercial General (CG-1) Zone, and is
subject to the approval of a Conditional Use Permit with appropriate
Conditions of Approval and CEQA determination. The proposed project
use will comply with all the Development Code standards, such as parking
and will maintain an existing tenant space occupied within an existing
commercial multi-tenant center. Furthermore, no additions or expansions
are proposed with this project and the existing multi-tenant commercial
center conforms to all the development code regulations in effect at the
time of construction. Therefore, the proposed project will be compatible
with the surrounding land uses and would not impair the integrity and
character of the subject land use district or be detrimental to surrounding
properties and neighborhood.
Some comments received express concern over the intended use being
permitted in an area surrounded by residential areas serving families and
children and feel a plasma donation facility would impair the integrity and
character of the shopping center. These concerns over social impacts do
not rise to the level of environmental impacts under CEQA. The
commenters did not cite specific issues which would constitute
environmental impacts.
Some comments received argue that the intended plasma donation facility
is not a “free-standing facility” as required in the City’s Development
Code. A “free-standing facility” does not mean a facility that has its own
building and does not share any walls with other businesses or uses. It
merely means that the facility does not share basic services with a
hospital-based provider or a nursing facility. The plasma donation center
would not be part of a hospital and therefore it would be a “free -standing
facility,” meeting the City’s Development Code requirements.
Finding No. 2: The proposed use is consistent with the General Plan.
Finding of Fact: General Plan Land Use Policy 2.1.1: Actively enforce development
standards, design guidelines, and policies to preserve and enhance the
character of San Bernardino’s neighborhoods.
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General Plan Land Use Policy 2.2.2: Require new uses to provide
mitigation or buffers between existing uses where potential adverse
impacts could occur, including, as appropriate, decorative walls,
landscape setbacks, restricted vehicle access, enclosure of parking
structures to prevent sound transmission, and control of lighting and
ambient illumination.
General Plan Economic Development Goal 4.7: Building on the Health
Care clusters to attract and retain related employment sectors.
General Plan Community Design Policy 5.7.9: Ensure that the scale and
massing of office, commercial, and industrial uses are sensitive to the
context of surrounding residential development.
The proposed project implements the above General Plan Goal and
Policies in that the establishment of a biomedical plasma donation center
facility within an existing multi-tenant commercial tenant space will
maintain the existing design of the multi-tenant commercial center and
will not alter the existing façade of the property. The existing multi-tenant
commercial center would allow the operator to maintain a buffer between
the existing uses and surrounding neighborhood by going into an existing
space. Additionally, the existing commercial multi-tenant center has been
development to meet the development standards and design guidelines
through the incorporation of appropriate setbacks, walls, and the
restriction of vehicle access through parking design, in order to prevent the
diffusion of sound to the surrounding residential neighborhood. Therefore,
the proposed project would be compatible with the surrounding land uses
and consistent with the General Plan.
Finding No. 3: Approval of the Conditional Use Permit for the proposed use is in
compliance with the requirements of the California Environmental Quality
Act (CEQA) and Section 19.20.030(6) of the Development Code.
Finding of Fact: In accordance with the California Environmental Quality Act, the Planning
Division of the Community Development Department evaluated
Conditional Use Permit 20-08 to allow the tenant improvement of an
existing tenant space containing approximately 11,844 square feet for the
establishment and operation of a plasma donation center within an existing
multi-tenant commercial center containing approximately 106,144 square
feet, and has determined that is categorically exempt from CEQA
Guidelines, pursuant to §15301 (Existing Facilities) of the CEQA
Guidelines. Additionally, the project site will be occupied by a plasma
donation center located within an existing multi-tenant commercial center,
and no environmental impacts are anticipated from the proposed use of the
plasma donation center. Therefore, the proposed project site is in
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compliance with the requirements of CEQA and §19.20.030(6) of the
Development Code.
CEQA Guidelines § 15301 does not require a like for like substitution.
The § 15301 Exemption for Existing Facilities is appropriate for this
project because it proposes a commercial use replacing a prior commercial
use. There is no requirement that the intended use be the same type of use
of the prior tenant, a fabric store.
The intended use is not a new use and is accounted for in the City’s
Development Code. “Blood banks” are listed in Table 06.01(H) as
commercial establishments which provide services of a medical/care
nature related to the health and welfare of the City’s residents. Section
19.02.050 of the City’s Development Code defines “Blood Bank” as
follows: “A place where blood is collected from donors, typed, separated
into components, stored, and prepared for transfusion to recipients. A
blood bank may be a separate free-standing facility or part of a larger
laboratory in a hospital, and may also include plasma centers.” Thus,
plasma centers are expressly included in the definition of a blood bank,
which is a conditionally permitted use.
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: The project site is located within a developed parcel containing an existing
multi-tenant commercial center. The proposed plasma donation center will
maintain an existing tenant space and proposes to do an interior tenant
improvement that will not increase the existing building footprint and will
be in compliance with current building and fire code regulations.
Therefore, no significant negative impacts upon the environmental quality
or natural resources are anticipated to result from the proposed use.
Finding No. 5: The location, size, design, and operating characteristics of the proposed
use are compatible with the existing and future land uses within the
general area in which the proposed use is to be located and will not create
significant noise, traffic or other conditions or situations that may be
objectionable or detrimental to other permitted uses in the vicinity or
adverse to the public interest, health, safety, convenience, or welfare of the
City.
Finding of Fact: The location and operating characteristics of the proposed plasma
donation center are consistent with all provisions of the City of San
Bernardino Development Code. Conditions of Approval have been
imposed to achieve project compliance and minimize impacts to
surrounding land uses. The proposed project will not create conditions that
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may be objectionable or detrimental to other permitted uses in the vicinity
because the proposed use will be established within an existing multi-
tenant commercial center that has been developed in accordance to the
Commercial General (CG-1) zone standards and guidelines. The City’s
Traffic Engineering Division determined that a Traffic Scoping form or the
preparation of a Traffic Impact Analysis was not required for the proposed
project because the size of the tenant improvement to the existing tenant
space is minimal to generate any traffic to the existing, previously
approved multi-tenant commercial center. Therefore, the design of the
project will ensure that the project will not create any land use conflict or
adverse effects on public health, safety or welfare are anticipated to result
from establishment of a plasma donation center at the subject site.
Some comments received speculate that the proposed use will attract
homeless persons to the site and the shopping center. However, there is no
evidence provided to support this claim. In fact, the applicant has provided
information indicating that 86% of their typical donors throughout their
123 facilities throughout the United States are employed, students, retired,
or homemakers. The comments received expressing a concern for an
increased presence of homeless persons in the area do not cite to any
environmental impacts that would result from homeless persons donating
plasma or being present in the shopping center. The applicant will be
implementing several security measures as stated in the Conditions of
Approval, including regular maintenance of the site including removing
litter, graffiti, trash, and other debris, and installing adequate lighting.
Some comments received speculate that wait lines will be detrimental to
the surrounding businesses in the shopping center. However, the
commenters do not cite to any environmental impacts that could result
from people waiting outside to donate plasma. Moreover, the proposed
plasma donation center uses a mobile application for online appointment
scheduling should reduce the amount of people waiting in line to enter the
facility.
Finding No. 6: The subject site is physically suitable for the type and density/intensity of
use being proposed.
Finding of Fact: The subject site is physically suitable for the type and density/intensity of
the proposed plasma donation center evidenced by the project’s
compliance with all applicable Development Code Standards, and a
parking analysis has confirmed that parking requirements will be
exceeded, by providing fifty-nine (59) parking spaces instead of the
required forty (40) parking spaces, according to Section 19.24.040 of the
City’s Development Code. The proposed plasma donation center will be
located within an existing tenant space that is located within an existing
multi-tenant commercial center, and conforms to the development
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regulations as required. Additionally, no new additions or building
expansions are being proposed as part of the project. Moreover, the
proposed plasma donation center uses a mobile application for online
appointment scheduling should reduce the amount of people waiting in
line to enter the facility. Therefore, the site is physically suitable for the
proposed biomedical plasma donation use, and there are no physical
constraints on the site that would limit establishment of the plasma
donation center as proposed.
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: The Project site is accessed from N. Sterling Avenue and E. Highland
Avenue. There is a specific access driveway on the Far East side of E.
Highland Avenue for all deliveries to the facility and other tenants of the
commercial multi-tenant center. All agencies responsible for reviewing
access and providing water, sanitation and other public services to the site
have had the opportunity to review the proposal, and none indicated
inability to serve the project site. Additionally, the plasma donation
facility will be closed during lunch hours and meals will be provided;
therefore no additional food industry wastewater will be discharge into the
existing sewer system. Therefore, establishment of the proposed project,
subject to Conditions of Approval, will not be detrimental to public
services or public health and safety.
SECTION 3. Environmental Determination. As the decision-making body for the
project, the Mayor and City Council has reviewed and considered the information contained in
the administrative record for Conditional Use Permit 20-08. 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, and
(2) The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of the CEQA
Guidelines; and
(3) The application of the categorical exemption is not barred by one of the exceptions set
forth in the CEQA Guidelines Section 15300.2; and
(4) The determination of CEQA exemption reflects the independent judgment of the
Planning Commission.
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SECTION 4. Conditions of Approval. The approval of Conditional Use Permit 20-08 shall
be subject to the following Conditions of Approval:
1. This is an approval to for the tenant improvement of an existing tenant space containing
approximately 11,844 square feet for the establishment and operation of a plasma
donation facility within an existing commercial multi-tenant center containing
approximately 106,144 square feet. The project site is located at 2065 E. Highland
Avenue within the Commercial General (CG-1).
2. The project site shall be developed and maintained in accordance with the plans stamped
October 7, 2020 (EXHIBIT “A”), approved by the City, which includes a site 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
(1) 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: OCTOBER 7, 2022
4. The review authority may grant a time extension, for good cause, not to exceed 12
months. The applicant must file an application, the processing fees, and all required
submittal items, 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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Planning Division
6. The plasma donation facility will operate Monday through Saturday between the hours of
6:00 a.m. to 8:00 p.m. and Sundays between the hours of 8:00 a.m. to 5:00 p.m.
7. 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.
8. Any expansion of the proposed services may be subject to review by the Planning
Commission.
9. The applicant and/or owner shall maintain all future landscaping in the parking lot and
setbacks in a weed and disease free condition at all times and any dead or missing
vegetation must be promptly replaced.
10. Minor modification to the plans shall be subject to approval by the Director through the
Minor Modification Permit process. Any modification which exceeds ten percent (10%)
of the allowable measurable design/site considerations shall require the refilling of the
original application.
11. The facility operator and property owner shall be responsible for regular maintenance of
the project site. The site shall be maintained in a clean condition and free of litter and any
other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed
and cleaned up within 24 hours of being reported.
12. If the color or architecture of the building is proposed to be modified in the future, the
revised color scheme and or architecture shall be submitted to the Planning Division prior
to any modification of the building exterior, for evaluation for substantial conformance to
the approved plans.
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 of
a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are
prohibited unless a Temporary Sign Permit is obtained.
14. 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. All exterior lighting shall be energy
efficient with the option to lower or reduce usage when the facility is closed. The position
of all 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.
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15. 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
may only occur Monday through Friday.
16. Submittal requirements for permit applications with the Building and Safety Division
shall include all Conditions of Approval issued with this approval, printed on the plan
sheets.
17. Submittal requirements for permit applications with the Building and Safety Division
shall include all Conditions of Approval issued with this approval, printed on the plan
sheets.
18. All Conditions of Approval shall be completed prior to final inspection and sign-off.
19. All new construction shall require permits prior to commencement.
20. No Final Certificate of Occupancy will be issued until all Conditions of Approval have
been completed.
21. This approval shall comply with the requirements of other outside agencies (i.e., San
Bernardino County Health Department, Division of Environmental Health Services, and
California Board of Equalization), as applicable.
22. The project shall comply with all applicable requirements of the City of San Bernardino
Community Development Department, Land Development and Building & Safety
Divisions, County of San Bernardino Fire District, Police Department, Municipal Water
Department, Public Works Department, and the City Clerk’s Office/Business
Registration Division.
23. 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.
Land Development Division
24. Drainage and Flood Control
a. 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.
b. 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
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Standard No. 400. Conveyance of site drainage over the Driveway approaches
will not be permitted.
c. 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.
25. Grading and Landscaping
a. Civil Engineer and a grading permit will be required. The grading plan shall be
prepared in strict accordance with the City's "Grading Policies and Procedures"
and the City's "Standard Drawings", unless otherwise approved by the Building
Official.
b. The 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.
c. An accessible path of travel shall be provided from the public way to the building
entrance. All pathways shall be paved and shall provide a minimum clear width
of 4 feet. Where parking overhangs the pathway, the minimum paved width shall
be 6.5 feet. All accessible parking spaces shall be a minimum of 18 feet by 9 feet
net.
d. Where an accessible path of travel crosses drive aisles, it shall be delineated by
textured/colored concrete pavement, unless otherwise approved by the
Development Review Committee.
26. Required Engineering Plans
a. A complete submittal for plan checking shall consist of:
i) On-Site / Grading permit.
ii) 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
27. Required Engineering Permits
a. A complete submittal for plan checking shall consist of:
i) lighting (on-site lighting may be included in on-site improvement plan
or may be on a separate stand-alone plan),
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ii) other plans as required. Piecemeal submittal of various types of plans
for the same project will not be allowed.
iii) 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. Copies of the City’s design policies and procedures and standard d rawings 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
28. Applicable Engineering Fees
a. The current fee schedule is available at the Public Works Counter and at
http://www.sbcity.org
Public Works Department
29. Street Improvement and Dedications
a. For the streets listed below, dedication of adequate street right-of-way (R.W.) per
the General Plan and Municipal Code shall provide the distance from street
centerline to property line and placement of the curb line (C.L.) in relation to the
street centerline shall be as follows:
Street Name Right of Way(ft.)
From Centerline
Curb Line(ft)
From Centerline
Highland Avenue
(1191-011-14)
50’ Existing
No Dedication
“Major Arterial”
41’ Existing
None-Proposed
Per General Plan
This Project is T.I. Work and currently does not trigger public works
improvements, if additions or replacement major construction then the
below conditions shall apply.
b. Highland Avenue: * - **
i) (Future) The street is in fair condition and no ac improvements are
needed at this time.
ii) (Future) The existing curb & gutter, sidewalk, and driveways fronting
the site are in do not meet ADA requirements, Replace with City
Standards.
iii) (Future) Existing Street Light System shall be replaced to LED (Head)
in accordance with City Standard Nos. SL-1, SL-2, and SL-3. Also, a
separate light plan may be submitted in accordance with the City of San
Bernardino Street Lighting Design Policies as directed by the City
Engineer.
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iv) (Future) Install type II Bike Lane per “Manual Uniform Traffic Control
Devices - California”
v) (Future) Utility poles shall be relocated to 2’ behind face of curb, if the
pole is in a sidewalk area an ADA minimum 4’ by-pass is required.
vi) (Future) Install 2-3” Conduit 36” under the sidewalk with pull rope and
pull boxes for future Traffic connections.
vii) (Future) 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, Copies of Recorded
Monuments/Ties shall be delivered to Public Works/Engineering.
* These Conditions are set for an estimated construction with-in two years. If
construction exceeds two years from DERC Approval these conditions shall be
reviewed and updated as needed.
**If a Scoping Form is required, this form shall indicated the need of a Traffic
Report, the results of the traffic report shall become conditions of this project
which may increase or extend the above requirements in section 1(b) and 5(a).
c. With Submittal of improvement plans including but not limited to grading plans,
Street improvement plans, storm drain and retention/detention basin plans, and
erosion/sediment control plans, The Applicant shall cause to be formed, or shall
be annexed into an existing, Community Facilities District(s) (CFD) for
landscaping, lighting, streets, drainage facilities, street sweeping, graffiti removal,
or other infrastructure as required by the City to the satisfaction of the City
Engineer. The Applicant shall initiate the maintenance and benefit assessment
district(s) formation, or annexation, by submitting a landowner petition and
consent form (provided by the City) and deposited necessary fees concurrent with
the application for street and grading plan review and approval; and said
maintenance and benefit assessment district(s) shall be established concurrent
with the approval of the final map in the case of the subdivision of land, or prior
issuance of any certificate of occupancy where there is no subdivision of land, and
as approved by the City Engineer.
d. If a drainage report is required by Land Development, A second copy of the
drainage report will be delivered to public works, if offsite or overflow storm
drain systems are identified, all systems shall be identified on the street
improvement plans, and public storm drain shall be on a separate set of plans.
e. City approved trash screens and filtration devices shall be installed in all catch
basins or manhole connections.
f. 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
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City Standard No. 310. Public facilities shall be restored or constructed back to
Public Works Department satisfaction.
g. Any pavement works affecting the traffic loop detectors shall be coordinated and
subjected to Public Works Traffic Division requirements.
h. 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.
i. The above conditions shall comply with current codes, policies, and standards at
time of construction.
j. Prior to Certificate of Occupancy or Completion of Project all As-builts shall be
submitted to Public Works.
30. 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),
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/engineering_develop
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ment_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 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.
Copies of the City’s design policies and procedures and standard drawings are
available at the Public Works Counter for the cost of reproduction. They are also
available at no charge at the Public Works Web Site at http://www.sbcity.org or
http://www.ci.san-
bernardino.ca.us/cityhall/publicworks/engineering_division/design_policy_and_pr
ocedure_documents.asp
31. Required Engineering Permits
a. On-site improvements construction permits.
b. Traffic Control and ROW Permits.
32. 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
33. 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.
Public Works – Integrated Waste Division
34. The proposed refuse enclosure location, size and accessibility meet or exceed Burrtec’s
minimum standards. Any changes to the overall project design, enclosure specification or
location, or access that may adversely impact Burrtec’s ability to service the project. Any
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design modifications that could impact Burrtec’s service will be subject to review and
approval by Burrtec.
35. A minimum City Standard Plan 508 Refuse Enclosure with 8’x15’ interior dimensions for
bin storage shall be constructed.
36. Burrtec’s review of the proposed project is limited to determining whether it meets
Burrtec’s minimum standards for waste and recycling collection services. Any comments
or approvals by Burrtec are limited to these minimum standards as they relate to Burrtec’s
equipment and personnel and do not pertain to the project’s compliance with applicable
federal, state and local land use and environmental laws, building codes or other
applicable government regulations. Any approval by Burrtec do not warrant or represent
that Burrtec accepts any liability relative to the performance of waste and recycling
collection services within this project.
37. During demolition/construction developer and contractor to use services through the City
of San Bernardino’s exclusive franchised hauler Burrtec Waste Industries.
38. Verify if there are any required ADA modifications to be made to the refuse enclosure
with Building and Safety Division. ADA modifications are in addition to the 8’x15’
interior dimensions for bin storage.
39. If gated provide access by means of a key, code, or remote.
40. Assembly Bill 341 Mandatory Commercial Recycling may apply.
41. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply.
42. Upon completion service is provided through the City of San Bernardino’s exclusive
franchised hauler Burrtec Waste Industries.
San Bernardino County Consolidated Fire District
43. Building Plans shall be submitted to the Fire Department for review and approval.
44. Permission to occupy or use the building (Certification of Occupancy or Shell Building
Release) will not be granted until the Fire Department inspects, approves, and signs off
on the Building and Safety job card/building permit for "fire final".
45. 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. The above referenced project is under the jurisdiction of the San Bernardino
County Fire Department.
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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 an y 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 immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020 ____, adopted at a regular meeting held at 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 t his ___ day of
____________ 2020.
______________________________
Genoveva Rocha, CMC, City Clerk
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City of San Bernardino 290 North D Street
San Bernardino, CA 92401
http://www.sbcity.org
Planning Commission of the City of San Bernardino Page 1 June 28, 2020
MINUTES
FOR THE
PLANNING COMMISSION
OF THE CITY OF SAN BERNARDINO
JUNE 23, 2020
WEB CONFERENCE – VIA ZOOM
CALL TO ORDER
The Meeting of the Planning Commission of the City of San Bernardino was called to
order by Elizabeth Sanchez at 6:00pm, June 23, 2020, via Zoom Web Conference, San
Bernardino, CA.
PLEDGE OF ALLEGIANCE
ROLL CALL
Attendee Name Title Status Arrived
Monique Guerrero Commissioner, Ward 1 P X
Amelia S. Lopez Commissioner, Ward 2 A
Elizabeth Sanchez Commissioner, Ward 3 P X
Larry Quiel Commissioner, Ward 4 A
Aron Liang Commissioner, Ward 5 E
Anthony Jones Commissioner, Ward 6 P X
Edward Woolbert Commissioner, Ward 7 P X
Helen Chang Commissioner, Mayor’s Appointee P X
Carlos Jaramillo Commissioner, Mayor’s Appointee P X
Oliver Mujica Staff Liaison P X
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Chairperson Elizabeth Sanchez
Vice Chairperson Anthony Jones
Commissioners
Monique Guerrero
Amelia Lopez
Larry Quiel
Aron Liang
Edward Woolbert
Helen Chang
Carlos Jaramillo
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Regular Meeting Minutes June 23, 2020
Planning Commission of the City of San Bernardino Page 2 June 28, 2020
CONSENT CALENDAR
1. Approval of Draft Minutes
Motion: Approve the minutes of the Meeting of June 9, 2020
2. Real Property Street Vacation 15.30.433
A request to allow the street vacation of a portion of W. 4 th Street between N.
Cabrera Avenue and N. Mount Vernon Avenue.
Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2020-026 forwarding a recommendation to the
Mayor and City Council recommending approval of Real Property
Street Vacation 15.30-433, based on the Finding of Fact; and
finding that the project is Categorically Exempt under the California
Environmental Quality Act.
RESULT: APPROVED
MOVER: Vice Chair Jones
SECONDER: Commissioner Jaramillo
ABSTAIN: None
AYES: Guerrero, Sanchez, Jones, Woolbert, Chang & Jaramillo
ABSENT: Lopez, Quiel & Liang
PUBLIC HEARINGS
3. Conditional Use Permit 20-01
A request to allow the development, establishment and operation of a service
station with eight (8) pump islands and sixteen (16) fueling station, a convenience
store containing approximately 7,250 square feet, and a drive-thru express
carwash on the easterly portion (approximately 2.1 acres) of a parcel containing
approximately 4.32 acres.
Chair Sanchez opened the hearing.
Public Speaker:
Pastor Lue Coe
Michael Ramirez – Applicant
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Regular Meeting Minutes June 23, 2020
Planning Commission of the City of San Bernardino Page 3 June 28, 2020
Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2020-027 approving Conditional Use Permit 20-01,
based on the Findings of Fact and subject to the recommended
Conditions of Approval; and finding the project subject to a
Categorical Exemption under the California Environmental Quality
Act.
RESULT: APPROVED
MOVER: Vice Chari Jones
SECONDER: Commissioner Guerrero
ABSTAIN: None
AYES: Guerrero, Sanchez, Jones, Woolbert, Chang & Jaramillo
ABSENT: Lopez, Quiel & Liang
4. Conditional Use Permit 20-02
A request to request to allow the expansion of an existing wireless
telecommunications facility, camouflage as a monopine, involving an increase in the
height of the existing 64 foot 6 inch tower to 81 feet, the co-location of twelve (12)
panel antennas along with the associated tower mounted equipment, and a 250
square foot equipment area expansion along with the associated ground mounted
equipment.
Chair Sanchez opened the hearing.
Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2020-028 approving Conditional Use Permit 20-02,
based on the Findings of Fact and subject to the recommended
Conditions of Approval; and finding the project subject to a
Categorical Exemption under the California Environmental Quality
Act.
RESULT: APPROVED
MOVER: Vice Chair Jones
SECONDER: Chair Sanchez
ABSTAIN: None
AYES: Guerrero, Sanchez, Jones, Woolbert, Chang & Jaramillo
ABSENT: Lopez, Quiel & Liang
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Packet Pg. 573 Attachment: CED.Appeal 20-01.Biolife Plasma (2065 E. Highland Ave).A2 (6917 : Appeal 20-01 Conditional Use Permit 20-08 BioLife Plasma
Regular Meeting Minutes June 23, 2020
Planning Commission of the City of San Bernardino Page 4 June 28, 2020
5. Conditional Use Permit 20-08
A request to allow the establishment and operation of a plasma donation facility
within an existing tenant space containing approximately 11,844 square feet within
an existing commercial multi-tenant center.
Chair Sanchez opened the hearing.
Public Speakers:
H. Vaughn Hapeman – Voicemail Recording
Handan Cirit – Live Call In
Victor Khahil – Read Letter into the Record
Handan Cirit – Read Letter into the Record
Jeff Tarris – Applicant
Kenneth Rolfe – Applicant
Odette Khalil – Applicant
Added Condition of Approval: 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 Communit y
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
Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2020-029 approving Conditional Use Permit 20-08,
based on the Findings of Fact and subject to the recommended
Conditions of Approval, including the added Condition of Approval
above; and finding the project subject to a Categorical Exemption
under the California Environmental Quality Act.
RESULT: APPROVED
MOVER: Vice Chair Jones
SECONDER: Commissioner Jaramillo
ABSTAIN: None
AYES: Guerrero, Sanchez, Jones, Chang & Jaramillo
NOES: Woolbert
ABSENT: Lopez, Quiel & Liang
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Packet Pg. 574 Attachment: CED.Appeal 20-01.Biolife Plasma (2065 E. Highland Ave).A2 (6917 : Appeal 20-01 Conditional Use Permit 20-08 BioLife Plasma
Regular Meeting Minutes June 23, 2020
Planning Commission of the City of San Bernardino Page 5 June 28, 2020
6. Extension of Time 20-02
A request to allow a one (1) year extension of time for Subdivision 05-01 (Tentative
Tract Map 17367) involving the subdivision of a project site comprised of five (5)
parcels containing a total of approximately 65.0 acres into sixty-six (66) single-
family residential lots, and a one (1) year extension of time for Conditional Use
Permit 05-01 for areas of the subdivision that are within the Hillside Management
Overlay District.
Chair Sanchez opened the hearing.
Public Speakers:
Neil Gascon
Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2020-030 approving Extension of Time 20-02 for
Subdivision 05-01 and subject to the recommended Conditions of
Approval; and finding the project subject to a Categorical
Exemption under the California Environmental Quality Act.
RESULT: APPROVED
MOVER: Commissioner Woolbert
SECONDER: Vice Chair Jones
ABSTAIN: None
AYES: Guerrero, Sanchez, Jones, Chang & Jaramillo
ABSENT: Lopez, Quiel & Liang
PLANNING COMMISSION REPORTS / ANNOUNCEMENTS
Chair Sanchez asked for updates on projects in the City.
DIRECTOR’S REPORT
ADJOURNMENT
The meeting adjourned at 8:25pm.
The next Regular Meeting of the Planning Commission will be held on Tuesday,
July 14, 2020 at 6:00pm Via Zoom Web Conference, San Bernardino, California
92401.
By: __________________________
Stephanie Sanchez
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Packet Pg. 638 Attachment: CED.Appeal 20-01.BioLife Plasma (2065 E. Highland Ave).A3.Appeal Application Package (6917 : Appeal 20-01 Conditional Use
MAYOR AND CITY COUNCIL
OCTOBER 7, 2020
Appeal 20-01 for
Conditional Use Permit 20-08
Community and Economic Development Department
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Packet Pg. 639 Attachment: CED.Appeal 20-01.BioLife Plasma.Presentation (6917 : Appeal 20-01
Community and Economic Development Department
PROPOSED PROJECT:
Interior Tenant Improvement to an Existing Tenant Space
containing approximately 11,844 square feet
Establish and operate a Plasma Donation Facility
2065 E. Highland Avenue
Commercial General (CG-1)
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Packet Pg. 640 Attachment: CED.Appeal 20-01.BioLife Plasma.Presentation (6917 : Appeal 20-01
ANALYSIS:
Operation of the Facility:
- Collect plasma in order to create life-saving therapies
- Accommodate 36 donation beds
- approximately 50 to 80 employees with their respective work schedules disbursed
through the week
- Provide Training for employees and free supervised playroom
Donation:
- Facility is FDA regulated for collection of plasma, personnel, donor selection
- FDA conducts regular inspections for compliancy on state license
- All donors required to provide: proof of residency, ID, and medical screening
(history interview, physical exam, and a blood test).
Hours of Operation:
- Monday through Saturday from 6:00 a.m. to 8:00 p.m.
- Sundays from 8:00 a.m. to 5:00 p.m.
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Packet Pg. 641 Attachment: CED.Appeal 20-01.BioLife Plasma.Presentation (6917 : Appeal 20-01
LOCATION MAP:
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AERIAL MAP:
PROJECT SITE
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EXISTING SITE:
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EXISTING SITE: E. HIGHLAND AVE
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EXISTING SITE: STERLING AVENUE 9.d
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SITE PLAN:
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FLOOR PLAN:
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Packet Pg. 648 Attachment: CED.Appeal 20-01.BioLife Plasma.Presentation (6917 : Appeal 20-01
Community and Economic Development Department
PLANNING COMMISSION ACTION:
•June 23, 2020 - Staff presented a recommendation of
approval to the Planning Commission for Conditional
Use Permit 20-08
•Planning Commission voted to approve the project
(5-1)
•Resolution No. 2020-029 was adopted, approving
Conditional Use Permit 20-08.
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Packet Pg. 649 Attachment: CED.Appeal 20-01.BioLife Plasma.Presentation (6917 : Appeal 20-01
Community and Economic Development Department
RECOMMENDATION:
The Mayor and City Council adopt Resolution No. 2020-XXX
1. DENYING Appeal 20-01, thereby upholding the
Planning Commission’s approval of Conditional
Use Permit 20-08.
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Packet Pg. 650 Attachment: CED.Appeal 20-01.BioLife Plasma.Presentation (6917 : Appeal 20-01
Page 1
Public Hearing
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Jim Slobojan, Acting Finance Director
Subject: Imposing Liens on Parcels of Real Property for Uncollected
Business Registration Fees (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a public hearing to receive public comment on the matter; and
2. Adopt Resolution No. 2021-244 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain properties for unpaid business
registration taxes and penalties; and
3. Direct the Director of Finance to remove a ny properties from the Business
Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the
hearing.
Background
San Bernardino Municipal Code Section 5.04.076 enables unpaid taxes and penalties
for business registration to become an assessment on the associated property if not
collected after proper notification to the owner.
Unregistered properties are identified through multiple sources, including a Home
Owners Exemption listing received from the County of San Bernardino, newly opened
water department accounts, closed rental property business registration accounts, code
enforcement efforts, and citizen notification. These potentially unregistered accounts are
contacted using the property’s mailing address provided by the County of San
Bernardino and the Water Department. The properties listed in Exhibit A include newly
identified rental properties and delinquent accounts that have provided no response to
the City’s collection efforts.
The Business Registration staff makes multiple attempts to contact property owners to
gain compliance with the Municipal Code before a property is entered into the lien
process. The initial letter informs the property owner that rental properties are
considered a business and a registration certificate is required. This letter also informs
the owner that if the property is not a rental to indicate the status of the property. If a
response is not received, a second letter is sent advising the owner to comply with the
registration requirement or contact the Business Registration office to discuss the status
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of the property. If there is still no response after the second letter, a certified letter is
sent indicating the same information. If there is no response to the certified letter, a lien
hearing notice is mailed with a Business Registration application to allow the owner to
comply or close the account before proceeding into the lien process.
If letters are returned because the owner's address is unknown, the City will continue
the same process using the new address collected by the United States Post Service. If
no forwarding address is provided by the USPS, the matter is dismissed.
Exhibit A to the Resolution (attached) represents accounts that became delinquent prior
to the Covid-19 Pandemic. These accounts have not gained compliance as of
September 14, 2020, when this report was submitted into the agenda process. Those
accounts that were addressed between September 15, 2020 and October 7, 2020, will
be removed from the list that is forwarded to the County; liens will not be placed on
those properties.
2020-2025 Key Strategic Targets and Goals
The approval of the placement of liens on the subject properties for unpaid Business
Registration taxes and penalties aligns with Key Target No. 1: Financial Stability by
implementing, maintaining, and updating a fiscal accountability plan. The program
helps to insure greater compliance with the municipal code within the business
community and will generate additional revenue through this enhanced compl iance
effort by Business Registration staff.
Fiscal Impact
The anticipated amount of revenue to be collected through the lien process is
$99,918.00.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a public hearing to receive public comment on the matter; and
2. Adopt Resolution No. 2021-244 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain properties for unpaid business
registration taxes and penalties; and
3. Direct the Director of Finance to remove any properties from the Business
Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the
hearing.
Attachments
Attachment 1 Resolution 2020-244; Exhibit A
Ward: All
Synopsis of Previous Council Actions:
February 5, 2020 Mayor and City Council adopted Resolution No. 2020-025,
imposing liens on certain parcels of real property located within the
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City of San Bernardino for uncollected Business Registration fees.
July 17, 2019 Mayor and City Council adopted Resolution No. 2019-180,
imposing liens on certain parcels of real property located within the
City of San Bernardino for uncollected Business Registration fees.
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RESOLUTION NO. 2020-244
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
IMPOSING LIENS ON CERTAIN PROPERTIES FOR
UNPAID BUSINESS REGISTRATION, TAXES AND
PENALTIES; AND REMOVING ANY PROPERTIES FROM
THE BUSINESS REGISTRATION LIEN LIST WHICH ARE
RESOLVED PRIOR TO THE HEARING
WHEREAS, section 5.04.076 of the San Bernardino Municipal Code requires whenever
appropriate fees and penalties cannot be collected after proper notification to the owner, the total
uncollected fees and penalties shall become an assessment; and
WHEREAS, owners of properties listed in Exhibit “A” were issued a first notice, final
notice, certified notice and a Lien Hearing notice of the rental property requirements for the City
of San Bernardino; and
WHEREAS, due notice was given to the person or persons having an interest in said
property and pursuant to the notice dated September 14, 2020, a hearing was held by the Mayor
and City Council to hear protests and to assess the fees imposed on said property.
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. The City of San Bernardino, pursuant to its authority under San Bernardino Municipal
Code Section 5.04.076 does hereby impose liens on the real property described in Ex hibit “A,”
attached hereto and incorporated herein by reference, for uncollected business registration fees
and all future fees and penalties.
SECTION 2. The matter having now come before the Mayor and City Council for
confirmation of the imposition of the liens imposed, the fees set forth on Exhibit “A” are found
to have been uncollectible after proper notification to the property/business owner pursuant to
proceedings under Section 5.04.076 of the San Bernardino Municipal Code.
SECTION 3. The statements of fees on file with the Finance Department are hereby
confirmed and adopted as special assessments against the properties listed in Exhibit “A” hereto.
SECTION 4. Director of Finance is directed to remove paid liens and those addressed
prior to the meeting of October 7, 2020, from Exhibit “A” prior to forwarding the list to the
County.
SECTION 5. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
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Packet Pg. 654 Attachment: FN.Business Registration Liens.Resolution (6913 : Imposing Liens on Parcels of Real Property for Uncollected Business
Resolution No. 2020-244
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. 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 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed b y the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Packet Pg. 655 Attachment: FN.Business Registration Liens.Resolution (6913 : Imposing Liens on Parcels of Real Property for Uncollected Business
Resolution No. 2020-244
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, 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, City Clerk
10.a
Packet Pg. 656 Attachment: FN.Business Registration Liens.Resolution (6913 : Imposing Liens on Parcels of Real Property for Uncollected Business
ORDERNO FIRST NAME ADDRESS2 ACCT#APN AMOUNT PRIOR WARD
1 Golden Opportunity NO 14 LP 197 E 2nd St 77217 0135 291 16 580.00$ 432.00$ 1
2 Village Plaza LLC 113 E 4th St 69658 0135 181 33 450.00$ 300.00$ 1
3 Adriana Alejandre 1798 W 5th St 75074 0138 082 22 450.00$ 300.00$ 1
4 Arrowhead LLC 315 W 6th St 72833 0153 081 30 384.00$ 234.00$ 1
5 Javier Calderon 1054 W 7th St 77199 0139 302 16 1,062.00$ 912.00$ 1
6 Aaron Gutierrez 1673 W 7th St 77157 0138 023 16 582.00$ 432.00$ 1
7 SIV Tippecanoes LLC 927 E 9th St 77046 0278 191 33 10,322.00$ 10,172.00$ 1
8 Maria Lopez 1072 W 9th St 76998 0139 191 21 606.00$ 456.00$ 1
9 130-156 Bryant Street LLC 130 Bryant St 76928 0135 241 21 852.00$ 702.00$ 1
10 130-156 Bryant Street LLC 140 Bryant St 76927 0135 241 20 696.00$ 546.00$ 1
11 130-156 Bryant Street LLC 150 Bryant St 76929 0135 241 19 696.00$ 546.00$ 1
12 Albert Barragan/Monica Renteria 668 Harris St 60829 0138 071 08 378.00$ 228.00$ 1
13 Luz Meza 641 N J St 77009 0138 071 20 618.00$ 468.00$ 1
14 Ricardo Milian/Cornelia Betancour 1072 Magnolia Ave 63537 0144 172 15 284.00$ 134.00$ 1
15 Mary & Jimmy Duran 1023 Main St 7856 0138 272 18 378.00$ 228.00$ 1
16 Mary & Jimmy Duran 1024 Main St 43216 0138 272 16 402.00$ 252.00$ 1
17 Magdalena Nolasco 726 N Mayfield Ave 941018 0140 282 33 318.00$ 168.00$ 1
18 Luis Ortega 840 Medical Center Dr 72212 0139 212 20 354.00$ 204.00$ 1
19 Arthur Gradias 933 W Olive St 7932 0139 132 10 366.00$ 216.00$ 1
20 Mario Vizcarra 739 Perris 61015 0139 303 21 366.00$ 216.00$ 1
21 Mirella Garcia 735 Ramona Ave 77081 0139 273 07 606.00$ 456.00$ 1
22 Trustee of Rialto, Sony Construction 979 E Rialto Ave 60943 0279 271 29 349.00$ 199.00$ 1
23 Raul Vanegas 1088 E Rialto Ave 69609 0279 311 34 630.00$ 480.00$ 1
24 Sonya Branch 1398 Spruce St 76968 0138 112 15 618.00$ 468.00$ 1
25 Inland Empire Real Estate Holdings LLC 170 E Temple ST 66075 0140 171 31 290.00$ 144.00$ 1
26 Athena Barath 1025 N Tippecanoe Ave 73685 0278 072 35 234.00$ 84.00$ 1
27 Dana Love 1025 N Tippecanoe Ave 73669 0278 073 01 870.00$ 720.00$ 1
28 Alvaro Cortez-Espinoza 1025 N Tippecanoe Ave #146 77160 0278 073 20 582.00$ 432.00$ 1
29 Charly Lin 164 W 9th St 960554 0140 162 36 366.00$ 216.00$ 2
30 Leonardo Aguilar 833 W 10th St 69279 0140 131 09 450.00$ 300.00$ 2
31 IMU Properties Inc 155 W 11th St 77051 0140 103 05 1,086.00$ 936.00$ 2
32 Cirilo Satana 221 E 16th St 77055 0146 151 02 606.00$ 456.00$ 2
33 Jose Cineros 101 E 18th St 77169 0146 082 09 1,062.00$ 912.00$ 2
34 Sonia & Armando Magana/ Herculano Solorio 765 W 23rd St 68594 0149 193 05 450.00$ 300.00$ 2
35 Mireya Guardado 1033 W 25th St 76992 0148 231 16 1,098.00$ 948.00$ 2
36 Sa-An Kubeyinje 1931 N Arrowhead Ave 76965 0146 042 02 1,098.00$ 948.00$ 2
37 Marcelino Lopez 147 E Baseline St 50854 0140 081 04 422.00$ 272.00$ 2
38 Charles Ryan 990 E Baseline St 73773 0273 182 29 450.00$ 300.00$ 2
39 Katherine Milbourne 1989 Belle St 63064 0146 062 03 378.00$ 228.00$ 2
40 Cosme Cobian 1491 Crestview Ave 77202 0147 102 14 582.00$ 432.00$ 2
41 Cesar Matias 1305 N D St 76963 0145 213 10 618.00$ 468.00$ 2
42 HT Holding LLC 1525 N D St 72243 0145 143 13 800.00$ 650.00$ 2
43 Lioncio Lopez 2882 Davidson Ave 64286 0148 066 04 366.00$ 216.00$ 2
44 Manuel Acosta 941 N E St 27599 0140 151 31 354.00$ 204.00$ 2
45 Jorge Gutierrez 2095 N E St 59071 0145 032 12 366.00$ 216.00$ 2
46 Golden Opportunity NO 14 LP 1267 Genevieve St 77147 0146 223 07 582.00$ 432.00$ 2
47 Yao Hui Su 1749 Genevieve St 75101 0146 078 05 630.00$ 480.00$ 2
48 Maria Del Carmen/Armondo Gonzalez 1373 N H St 924411 0145 153 02 758.00$ 608.00$ 2
49 Ekta & Santosh Patel 255 E Highland Ave 77013 0146 031 12 618.00$ 468.00$ 2
10.b
Packet Pg. 657 Attachment: FN.Imposing Liens.Bus Reg Liens List (6913 : Imposing Liens on Parcels of Real Property for Uncollected Business Registration
50 Dorothy Villalobos 327 Magnolia Ave 960070 0145 183 22 378.00$ 228.00$ 2
51 HR Fit LLC 531 Magnolia Ave 76924 0145 174 18 618.00$ 468.00$ 2
52 Elmer & Esmeralda Morales 579 Niles St 76941 0147 172 03 1,098.00$ 948.00$ 2
53 Magdalena Nolasco 772 W Olive St 63500 0140 023 18 318.00$ 168.00$ 2
54 Nicolas Flores 138 W Orange St 75146 0140 073 14 630.00$ 480.00$ 2
55 Virginia Cardenas 1834 Parkside Dr 64118 0147 022 08 354.00$ 204.00$ 2
56 Raed Odeh 1861 Parkside Dr 63530 0147 023 10 354.00$ 204.00$ 2
57 Cynthia Midget 1390 Pepper Tree Ln 52203 0147 105 11 618.00$ 468.00$ 2
58 Donald Zaw 1948 N Pershing Ave 70611 0146 042 09 422.00$ 272.00$ 2
59 David Rodrigues Jr 1235 Sepulveda Ave 71085 0146 233 07 450.00$ 300.00$ 2
60 Enrique Carvajal 2795 Serrano Rd 76953 0148 102 11 618.00$ 468.00$ 2
61 Sierra Way Apartments LLC 1521 N Sierra Way 76216 0146 141 54 618.00$ 468.00$ 2
62 Agnes Thorson Trust 676 E Trenton St 68070 0147 055 14 1,098.00$ 948.00$ 2
63 Labra Investments LLC 821 W Trenton St 75029 0145 102 09 354.00$ 204.00$ 2
64 Pacific Forest LLC 1505 N Waterman Ave 77221 0147 062 33 582.00$ 432.00$ 2
65 Penny More LLC 1705 N Waterman Ave 76942 0147 041 27 618.00$ 468.00$ 2
66 James & Susan Enkosky LLC 1001 S Arrowhead Ave 58433 0141 281 07 354.00$ 204.00$ 3
67 441 INC 674 Birch Ct 50389 0136 162 42 870.00$ 720.00$ 3
68 Ten Ten Aquistions LLC 2237 Broadway Ave 77150 0142 263 08 342.00$ 192.00$ 3
69 West Center Drive Realty LLC 184 W Caroline St 72148 0164 321 83 354.00$ 204.00$ 3
70 Ramon & Norma Gomez 1697 W Congress St 66137 0142 283 02 366.00$ 216.00$ 3
71 Jason Ward 1922 Gould St 76949 0281 261 18 618.00$ 468.00$ 3
72 Joseph Yeo/Kyung Chun 1225 Hardt St 77124 0281 112 03 606.00$ 456.00$ 3
73 Carlos & Irma Navarro 2878 Hollow Glen Cir 9759 0142 534 18 250.00$ 100.00$ 3
74 Felix & Socorro Jimenez 2883 Hollow Glen Cir 75150 0142 534 37 630.00$ 480.00$ 3
75 1400 E Foothill Tri-City 495 E Hospitality Ln 72144 0281 371 68 1,445.00$ 1,295.00$ 3
76 Credo LLC 354 S I St 75872 0137 191 29 378.00$ 228.00$ 3
77 Hasmik Haroutyunian 370 S I St 76977 0137 191 11 1,242.00$ 1,092.00$ 3
78 Hasmik Haroutyunian 390 S I St 76978 0137 191 17 852.00$ 702.00$ 3
79 Robert Brown/Shervin Dardashti 453 S I St 75968 0136 144 06 354.00$ 204.00$ 3
80 Estela Perez 152 S K St 60543 0137 032 23 450.00$ 300.00$ 3
81 Roger Gamboa 1185 Lee St 51141 0281 151 39 1,098.00$ 948.00$ 3
82 Oscar Patino 685 E Norman Rd 953791 0280 192 02 378.00$ 228.00$ 3
83 Guadalupe Silva Sanchez 1111 W Rialto Ave 963049 0137 032 16 354.00$ 204.00$ 3
84 Judy Swanson 1841 Shedden Dr 77128 0281 391 02 1,074.00$ 924.00$ 3
85 Angel Rudy & Eloisea Gonzalez 1782 Wallace Ct 67969 0280 261 39 450.00$ 300.00$ 3
86 MEM Investments 3477 20th St 962568 1191 312 26 354.00$ 204.00$ 4
87 Blessing Okwara 170 E 40th St 77043 0154 242 23 606.00$ 456.00$ 4
88 Scott Williams/Marlie Segura-Williams 313 W 49th St 76210 0154 403 10 858.00$ 708.00$ 4
89 Jaime Serafin-Ramerez/Linda Serafin 220 E 50th St 77210 0154 102 17 582.00$ 432.00$ 4
90 Linda Upshaw 616 W 52nd St 948420 0154 502 02 354.00$ 204.00$ 4
91 Darin Siples/Barbara Hill 874 W 59th St 76999 0265 321 46 1,098.00$ 948.00$ 4
92 Sandra & Daniel McMaster 1829 Bangor Ave 900103 1191 271 57 450.00$ 300.00$ 4
93 Athena Barath 1974 E Lynwood Dr 70574 0272 372 44 234.00$ 84.00$ 4
94 Yaely Zunta Vargas 2169 Pepper Dr 966162 1191 282 38 354.00$ 204.00$ 4
95 Charline Bessermin/Marilyn Alexander 171 E Ralston Ave 20603 0154 464 35 388.00$ 238.00$ 4
96 Deepak Khanna 1931 Reedy Ave 70498 1191 315 24 1,098.00$ 948.00$ 4
97 Elite Investment Resources Inc 4096 N Sierra Way 959813 0154 241 48 450.00$ 300.00$ 4
98 Albert Castillo 1565 Villa Ct 77035 1191 431 63 606.00$ 456.00$ 4
99 Conan Grigsby 4879 Village Green Way 76209 0266 531 30 618.00$ 468.00$ 4
10.b
Packet Pg. 658 Attachment: FN.Imposing Liens.Bus Reg Liens List (6913 : Imposing Liens on Parcels of Real Property for Uncollected Business Registration
100 Barbon Family Trust 4519 Brookfield St 69163 0266 621 16 354.00$ 204.00$ 5
101 Wingate Family Trust 5825 Cynthia St 43539 0261 361 20 450.00$ 300.00$ 5
102 Thomas & Melissa Calabretta 5530 N Dahila St 8850 0266 511 03 354.00$ 204.00$ 5
103 Thuyen Nguyen 931 W Edgemont Dr 77204 0151 081 23 582.00$ 432.00$ 5
104 Brenda Traugott 6005 Honeysuckle Ln 950949 0261 321 01 450.00$ 300.00$ 5
105 Isidra & Jeffrey Clark 2584 Jeffrey Pine Ct 8197 0261 241 68 630.00$ 480.00$ 5
106 Yi-Mei Yu 1460 Kendall Dr Unit 20 65350 0266 412 20 630.00$ 480.00$ 5
107 Northgate Equity Group LLC 1460 Kendall Dr Unit 29 65340 0266 412 29 366.00$ 216.00$ 5
108 Penny More LLC 1437 W Marshall Blvd 77057 0148 321 23 606.00$ 456.00$ 5
109 Beverly Denham 3272 Palm Dr 77076 0151 091 14 1,086.00$ 936.00$ 5
110 Cindy Herrera 2660 Twain Dr Apt 13 77025 0261 371 13 590.00$ 444.00$ 5
111 Nora N Hernandez 1387 W 10th St 933804 0139 172 12 1,110.00$ 960.00$ 6
112 Ceferino Angulo 1213 W 17th St 75491 0144 111 03 450.00$ 300.00$ 6
113 Victor Ramos 1545 W 20th St 76915 0143 033 33 618.00$ 468.00$ 6
114 Linda Garcia 1570 W 20th St 67138 0143 032 17 606.00$ 456.00$ 6
115 Edgar Garibay 1749 W 28th St 77213 0268 301 15 582.00$ 432.00$ 6
116 Sai Ho Hui/Daniel Hwang 1796 W Baseline St 67064 0143 161 11 450.00$ 300.00$ 6
117 Northgate Equity Group LLC 4858 Cristy Ave 64290 0262 291 17 450.00$ 300.00$ 6
118 Evaristo Escobar 1337 W Evans St 67181 0143 102 25 366.00$ 216.00$ 6
119 Cal Homes Group Inc 1441 W Evans St 77142 0143 102 07 342.00$ 192.00$ 6
120 Guadalupe Galvan 3165 N Gardena St 76958 0268 111 30 1,098.00$ 948.00$ 6
121 David Gallegos/Raquel & Pedro Hernandez 1469 Grand St 76955 0143 384 06 1,098.00$ 948.00$ 6
122 Andres Diaz 1626 Harris St 58985 0144 131 23 378.00$ 228.00$ 6
123 Michael Lewis 1788 Herrington Ave 67160 0143 062 12 456.00$ 606.00$ 6
124 ML Mortgage Corp 1150 N L St 73440 0139 073 13 354.00$ 204.00$ 6
125 Calpurnia Weathersby 2122 W Lincoln Ave 45511 0269 051 39 354.00$ 204.00$ 6
126 Viridiana Mora/Luz Gonzalez 755 N Macy St 76144 0142 711 23 1,074.00$ 924.00$ 6
127 Mario Almada 1524 Medical Center Dr 70680 0143 262 01 378.00$ 228.00$ 6
128 Ashley Harrison 2877 Portola St 75046 0262 281 78 630.00$ 480.00$ 6
129 1700 Old Grove LLC 1156 Ramona Ave 965926 0139 052 16 606.00$ 456.00$ 6
130 Jake & Aurora Ycu 435 S Rexford St 6283 0142 641 07 354.00$ 204.00$ 6
131 Thomas & Rosetta Jackson 2375 Saint Elmo Dr 56742 0142 593 12 378.00$ 228.00$ 6
132 DHA Opportunity 1 LP 1162 E 26th St 75915 0155 171 53 366.00$ 216.00$ 7
133 Juvenal Zepeda 347 W 29th St 951217 0149 084 01 450.00$ 300.00$ 7
134 Jason Ramirez/Norma Ruano 3555 Broadmoor Blvd 76989 0153 062 33 618.00$ 468.00$ 7
135 Ryan Ngov 2251 Cedar St 77093 0150 343 01 1,086.00$ 936.00$ 7
136 Breckenridge Property Fund 2329 Cedar St 77146 0150 343 06 342.00$ 192.00$ 7
137 Winston & Orvilla Hill 2907 Fremontia Dr 77071 0150 083 07 1,086.00$ 936.00$ 7
138 G & L Zendajas Living Trust 3615 Genevieve St 76937 0152 036 16 618.00$ 468.00$ 7
139 Salvador Mora 2980 Harrison St 63130 0153 284 38 450.00$ 300.00$ 7
140 Gary & Patricia Redinger 3065 Harrison St 72507 0153 291 13 870.00$ 720.00$ 7
141 Lorena Galvez 348 W Highland Ave 77015 0149 222 17 1,098.00$ 948.00$ 7
142 Ernesto & Carolina Ibarra Fam Tr 454 W Highland Ave 77178 0149 221 18 582.00$ 432.00$ 7
143 Jorge Gutierrez 1180 E Highland Ave 952158 0155 183 32 354.00$ 204.00$ 7
144 Martha & Jorge Gutierrez 2510 Leroy St 6442 0150 251 17 216.00$ 366.00$ 7
145 Debwany Apartment LLC 2936 Loma Ave 77042 0155 451 07 606.00$ 456.00$ 7
146 Cesar & Mary Meza 2479 N Lugo Ave 49975 0150 241 51 450.00$ 300.00$ 7
147 Connie Laurent 2719 N Lugo Ave 75641 0150 134 02 366.00$ 216.00$ 7
148 103 & 133 East Marshall Blvd LLC 103 E Marshall Blve 75972 0153 112 20 366.00$ 216.00$ 7
149 103 & 133 Marshall Blvd LLC 133 E Marshall Blvd 75971 0153 112 21 366.00$ 216.00$ 7
10.b
Packet Pg. 659 Attachment: FN.Imposing Liens.Bus Reg Liens List (6913 : Imposing Liens on Parcels of Real Property for Uncollected Business Registration
150 Daniel Carrasco 1605 McKinley Ave 73376 1191 081 13 390.00$ 240.00$ 7
151 Barbara Hamilton 2350 Osbun Rd #64 45362 0150 501 09 354.00$ 204.00$ 7
152 Cesar & Guadalupe Mares 3032 N Pershing Ave 76912 0152 211 10 618.00$ 468.00$ 7
153 Ramon & Rachael Flores 2385 Roxbury Dr 70831 0150 342 10 1,074.00$ 924.00$ 7
154 Francisco Zepeda 2764 N Sierra Way 69355 0150 132 15 354.00$ 204.00$ 7
155 Wing Cheng 2839 N Stoddard Ave 74167 0149 082 15 630.00$ 480.00$ 7
156 George Ajrab 2169 Sunrise Ln 59555 1191 051 50 422.00$ 272.00$ 7
157 Jose Galdamez 2664 N Waterman Ave 6410 0150 272 02 450.00$ 300.00$ 7
99,918.00$ 76,978.00$
10.b
Packet Pg. 660 Attachment: FN.Imposing Liens.Bus Reg Liens List (6913 : Imposing Liens on Parcels of Real Property for Uncollected Business Registration
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Jim Slobojan, Acting Finance Director
Subject: Approval of Commercial and Payroll Disbursements (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for September 2020.
Background
Completed commercial and payroll disbursement registers are submitted to the Mayor
and City Council for approval. This happens on a regular basis, typically every meeting
for the most recently completed disbursement registers.
The detailed warrant registers are available on the City’s website, and are updated
weekly by the Finance Department. The registers may be accessed by copying the
following link into an internet browser:
http://sbcity.org/cityhall/finance/warrant_register.asp>
Discussion
Gross Payroll
Bi-Weekly for September 3, 2020 $2,466,122.81
Total Payroll Demands: $2,466,122.81
The following check registers are being presented for approval:
September 3, 2020 2020/21 (Register #10)$1,857,522.09
September 10, 2020 2020/21 (Register #11)235,009.56
Total commercial check demands:$2,092,531.65
The following Electronic Funds Transfer (EFT) registers presented for approval:
July 24 to August 27, 2020 2020/21 (Register #967-#971)27,074,425.96
Total commercial EFT demands:$27,074,425.96
2020-2025 Key Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll
disbursements align with Key Target No. 1: Financial Stability by creating a framework
for spending decisions.
11
Packet Pg. 661
6911
Page 2
Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts
were paid consistent with existing budget authorization and n o further budgetary impact
is required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for September 2020.
Attachments
Attachment 1 Payroll checks for September 2020
Attachment 2 Commercial checks for Registers #10
Attachment 3 Commercial checks for Registers #11
Attachment 4 Commercial EFT Registers #967-971
11
Packet Pg. 662
11.a
Packet Pg. 663 Attachment: FN. Payroll Summary Report ATTACHMENT#1 (6911 : Approval of Commercial and Payroll Disbursements (All Wards))
11.b
Packet Pg. 664 Attachment: FN. Commercial Checks & Payroll. Register #10 . ATTACHMENT#2 (6911 : Approval of
11.b
Packet Pg. 665 Attachment: FN. Commercial Checks & Payroll. Register #10 . ATTACHMENT#2 (6911 : Approval of
11.b
Packet Pg. 666 Attachment: FN. Commercial Checks & Payroll. Register #10 . ATTACHMENT#2 (6911 : Approval of
11.b
Packet Pg. 667 Attachment: FN. Commercial Checks & Payroll. Register #10 . ATTACHMENT#2 (6911 : Approval of
11.b
Packet Pg. 668 Attachment: FN. Commercial Checks & Payroll. Register #10 . ATTACHMENT#2 (6911 : Approval of
11.b
Packet Pg. 669 Attachment: FN. Commercial Checks & Payroll. Register #10 . ATTACHMENT#2 (6911 : Approval of
11.b
Packet Pg. 670 Attachment: FN. Commercial Checks & Payroll. Register #10 . ATTACHMENT#2 (6911 : Approval of
11.b
Packet Pg. 671 Attachment: FN. Commercial Checks & Payroll. Register #10 . ATTACHMENT#2 (6911 : Approval of
11.b
Packet Pg. 672 Attachment: FN. Commercial Checks & Payroll. Register #10 . ATTACHMENT#2 (6911 : Approval of
11.b
Packet Pg. 673 Attachment: FN. Commercial Checks & Payroll. Register #10 . ATTACHMENT#2 (6911 : Approval of
11.b
Packet Pg. 674 Attachment: FN. Commercial Checks & Payroll. Register #10 . ATTACHMENT#2 (6911 : Approval of
11.b
Packet Pg. 675 Attachment: FN. Commercial Checks & Payroll. Register #10 . ATTACHMENT#2 (6911 : Approval of
11.b
Packet Pg. 676 Attachment: FN. Commercial Checks & Payroll. Register #10 . ATTACHMENT#2 (6911 : Approval of
11.b
Packet Pg. 677 Attachment: FN. Commercial Checks & Payroll. Register #10 . ATTACHMENT#2 (6911 : Approval of
11.c
Packet Pg. 678 Attachment: FN. Commercial Checks & Payroll. Register #11 . ATTACHMENT#3 (6911 : Approval of
11.c
Packet Pg. 679 Attachment: FN. Commercial Checks & Payroll. Register #11 . ATTACHMENT#3 (6911 : Approval of
11.c
Packet Pg. 680 Attachment: FN. Commercial Checks & Payroll. Register #11 . ATTACHMENT#3 (6911 : Approval of
11.c
Packet Pg. 681 Attachment: FN. Commercial Checks & Payroll. Register #11 . ATTACHMENT#3 (6911 : Approval of
11.c
Packet Pg. 682 Attachment: FN. Commercial Checks & Payroll. Register #11 . ATTACHMENT#3 (6911 : Approval of
11.c
Packet Pg. 683 Attachment: FN. Commercial Checks & Payroll. Register #11 . ATTACHMENT#3 (6911 : Approval of
11.c
Packet Pg. 684 Attachment: FN. Commercial Checks & Payroll. Register #11 . ATTACHMENT#3 (6911 : Approval of
11.c
Packet Pg. 685 Attachment: FN. Commercial Checks & Payroll. Register #11 . ATTACHMENT#3 (6911 : Approval of
11.d
Packet Pg. 686 Attachment: FN. EFT Register #967-971. ATTACHMENT#4 (6911 : Approval of Commercial and Payroll
11.d
Packet Pg. 687 Attachment: FN. EFT Register #967-971. ATTACHMENT#4 (6911 : Approval of Commercial and Payroll
11.d
Packet Pg. 688 Attachment: FN. EFT Register #967-971. ATTACHMENT#4 (6911 : Approval of Commercial and Payroll
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Jim Slobojan, Acting Finance Director
Subject: Monthly Investment Portfolio Report for August 2020 (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for August 2020.
Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio
Report be prepared and submitted to the Mayor and City Council. The Director of
Finance will prepare, review, and present the City’s Investment Portfolio Report and
confirm that the portfolio is in compliance with the City’s Investment Policy.
Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s
investment portfolio for the month ended August 31, 2020.
The City’s Investment Portfolio is in full compliance with the City’s current Investment
Policy and California Government Code Section 53601, and there is sufficient cash flow
from a combination of liquid and maturing securities, bank deposits, and income to meet
the City’s expenditure requirements.
2020-2025 Key Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key
Target No. 1: Financial Stability by Implementing and maintaining and updating a fiscal
accountability plan.
Fiscal Impact
None
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for August 2020.
12
Packet Pg. 689
6910
Page 2
Attachments
Attachment 1 Investment Portfolio Report August 2020
Ward: All
Synopsis of Previous Council Actions: None
12
Packet Pg. 690
12.aPacket Pg. 691Attachment: FN. Investment Portfolio Report August 2020. Attachment 1 (6910 : Monthly Investment
YTM
360
Page 1
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
August 31, 2020
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
State Local Agency Investment Fund
0.848LOCAL AGENCY INVESTMENT FUND10001 29,479,750.07 29,479,750.07 0.86029,479,750.07SYS 1
29,479,750.0729,479,750.0729,479,750.0730,302,330.72Subtotal and Average 0.848 1
Managed Pool Accounts
0.720CALTRUST GOVT INVESTMENT FUND20008 1,780.04 1,780.04 0.7301,780.0420008 1
1,780.041,780.041,780.041,778.93Subtotal and Average 0.720 1
Corporate Notes
1.908AMERICAN HONDA FINANCE CORP30559 1,000,000.00 1,000,403.75 05/10/20231.95001/10/2020 1,037,430.00 A02665WDH1 981
1.732APPLE INC30554 1,000,000.00 998,887.69 09/11/20221.70012/10/2019 1,029,820.00 Aaa037833DL1 740
1.800APPLE INC30561 1,000,000.00 999,034.49 09/11/20241.80001/24/2020 1,050,520.00 Aa037833DM9 1,471
2.152BANK OF AMERICA CORPORATION30549 1,000,000.00 1,000,000.00 10/30/20222.10010/30/2019 995,300.00 Aa06048WD72 789
1.904BANK OF NEW YORK MELLON CORP30547C 2,000,000.00 2,015,280.43 08/16/20232.20010/16/2019 2,098,400.00 Aaa06406FAD5 1,079
1.180JOHNSON & JOHNSON30570 1,000,000.00 1,002,247.49 03/01/20211.65003/03/2020 1,006,070.00 Aaa478160BS2 181
2.268J.P. MORGAN CHASE & CO30551 1,000,000.00 1,000,000.00 12/23/20242.30012/23/2019 999,380.00 Aaa48128GN97 1,574
1.036J.P. MORGAN CHASE & CO30582 1,000,000.00 1,000,000.00 06/23/20251.05006/23/2020 999,930.00 Aaa48128GU40 1,756
0.789J.P. MORGAN CHASE & CO30595 1,000,000.00 1,000,000.00 08/18/20250.80008/18/2020 993,430.00 Aaa48128GV56 1,812
1.731CHARLES SCHWAB CORP30563 1,064,000.00 1,086,180.79 01/25/20232.65001/27/2020 1,120,594.16 Aa808513AT2 876
2.096TOYOTA MOTOR CREDIT CORP30548 1,000,000.00 1,000,000.00 10/22/20242.12510/22/2019 1,010,670.00 Aaa89236TGN9 1,512
12,102,034.6412,341,544.1612,064,000.0012,425,327.19Subtotal and Average 1.709 1,152
Federal Agency Issues - Coupon
1.726FEDERAL FARM CREDIT BANK30536 1,000,000.00 1,000,000.00 10/26/20201.75010/26/2017 1,002,490.00 Aaa3133EHJ95 55
1.567FEDERAL FARM CREDIT BANK30555 2,000,000.00 2,013,109.74 12/13/20212.11012/31/2019 2,050,180.00 Aaa3133EH2T9 468
1.612FEDERAL FARM CREDIT BANK30564 1,000,000.00 999,185.36 02/10/20231.60002/11/2020 1,005,150.00 Aaa3133ELMD3 892
0.572FEDERAL FARM CREDIT BANK30573 1,000,000.00 1,000,000.00 06/03/20240.58006/03/2020 1,000,310.00 Aaa3133ELE67 1,371
0.661FEDERAL FARM CREDIT BANK30574 1,000,000.00 1,000,000.00 06/03/20240.67006/03/2020 999,840.00 Aaa3133ELE59 1,371
0.661FEDERAL FARM CREDIT BANK30575 1,000,000.00 1,000,000.00 06/03/20240.67006/03/2020 999,840.00 Aaa3133ELE59 1,371
0.721FEDERAL FARM CREDIT BANK30579 1,000,000.00 999,521.42 02/20/20250.72006/19/2020 1,000,000.00 Aaa3133ELA46 1,633
1.164FEDERAL HOME LOAN BANK30516 1,000,000.00 1,000,052.70 09/11/20201.37511/02/2016 1,000,350.00 Aaa313380WG8 10
1.781FEDERAL HOME LOAN BANK30522 1,000,000.00 999,228.43 12/24/20201.55001/09/2017 1,004,510.00 Aaa313381P25 114
1.913FEDERAL HOME LOAN BANK30523 1,000,000.00 999,175.15 11/29/20211.87501/19/2017 1,021,520.00 Aaa3130AABG2 454
1.926FEDERAL HOME LOAN BANK30528 1,000,000.00 999,082.64 11/29/20211.87502/14/2017 1,021,520.00 Aaa3130AABG2 454
1.672FEDERAL HOME LOAN BANK30534 1,000,000.00 1,000,316.21 04/07/20211.75006/14/2017 1,010,040.00 Aaa3130AB5A0 218
1.687FEDERAL HOME LOAN BANK30535 1,000,000.00 1,001,234.43 06/11/20211.87506/22/2017 1,013,910.00 Aaa313379RB7 283
2.541FEDERAL HOME LOAN BANK30539 1,000,000.00 1,000,079.88 09/11/20202.87506/11/2018 1,000,730.00 Aaa313370US5 10
Portfolio CITY
AP
Run Date: 09/08/2020 - 08:59 PM (PRF_PM2) 7.3.0
Report Ver. 7.3.3b
12.a
Packet Pg. 692 Attachment: FN. Investment Portfolio Report August 2020. Attachment 1 (6910 : Monthly Investment
YTM
360
Page 2
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
August 31, 2020
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
Federal Agency Issues - Coupon
2.836FEDERAL HOME LOAN BANK30540C 1,000,000.00 1,000,000.00 01/29/20242.87501/29/2019 1,009,260.00 Aaa3130AFRQ2 1,245
1.726FEDERAL HOME LOAN BANK30565 2,000,000.00 2,000,000.00 02/12/20251.75002/12/2020 2,001,480.00 Aaa3130AJ5F2 1,625
1.529FEDERAL HOME LOAN BANK30566 1,000,000.00 1,000,000.00 03/25/20241.55003/25/2020 1,005,700.00 Aaa3130AJAX7 1,301
1.341FEDERAL HOME LOAN MORTGAGE CRP30518 1,000,000.00 997,850.61 08/12/20211.12511/07/2016 1,009,300.00 Aaa3137EAEC9 345
1.978FEDERAL HOME LOAN MORTGAGE CRP30525C 425,000.00 424,970.12 01/26/20222.00001/30/2017 435,208.50 Aaa3134GAU44 512
2.096FEDERAL HOME LOAN MORTGAGE CRP30529C 1,000,000.00 1,000,000.00 02/28/20222.12502/28/2017 1,029,670.00 Aaa3134GA5T7 545
1.973FEDERAL HOME LOAN MORTGAGE CRP30530C 1,000,000.00 1,000,000.00 09/16/20212.00003/16/2017 1,019,370.00 Aaa3134GA5C4 380
1.933FEDERAL HOME LOAN MORTGAGE CRP30531 1,000,000.00 999,263.61 07/26/20211.87503/06/2017 1,015,610.00 Aaa3134G9M20 328
2.042FEDERAL HOME LOAN MORTGAGE CRP30537C 1,000,000.00 998,891.30 04/26/20222.00011/06/2017 1,030,850.00 Aaa3134GBP55 602
0.444FEDERAL HOME LOAN MORTGAGE CRP30576 1,000,000.00 1,000,000.00 06/01/20230.45006/01/2020 1,000,230.00 Aaa3134GVB72 1,003
0.414FEDERAL HOME LOAN MORTGAGE CRP30577 1,000,000.00 1,000,000.00 03/17/20230.42006/17/2020 1,000,260.00 Aaa3134GVQ50 927
0.444FEDERAL HOME LOAN MORTGAGE CRP30578 1,000,000.00 1,000,000.00 12/29/20230.45006/29/2020 1,000,110.00 Aaa3134GVS82 1,214
0.641FEDERAL HOME LOAN MORTGAGE CRP30581 1,000,000.00 1,000,000.00 06/30/20250.65006/30/2020 1,000,720.00 Aaa3134GVT99 1,763
0.493FEDERAL HOME LOAN MORTGAGE CRP30583 1,000,000.00 1,000,000.00 03/28/20240.50006/29/2020 1,000,110.00 Aaa3134GV3T3 1,304
0.444FEDERAL HOME LOAN MORTGAGE CRP30584 1,000,000.00 1,000,000.00 07/22/20240.45007/22/2020 998,660.00 Aaa3134GWCB0 1,420
0.395FEDERAL HOME LOAN MORTGAGE CRP30586 1,000,000.00 1,000,000.00 10/23/20230.40007/23/2020 1,000,040.00 Aaa3134GV6D5 1,147
0.493FEDERAL HOME LOAN MORTGAGE CRP30587 1,000,000.00 1,000,000.00 10/30/20240.50007/30/2020 999,620.00 Aaa3134GWDX1 1,520
0.247FEDERAL HOME LOAN MORTGAGE CRP30590 1,000,000.00 1,000,000.00 11/03/20220.25008/03/2020 999,760.00 Aaa3134GWHD1 793
0.321FEDERAL HOME LOAN MORTGAGE CRP30591 1,000,000.00 1,000,000.00 02/03/20230.32508/03/2020 999,070.00 Aaa3134GWGL4 885
0.360FEDERAL HOME LOAN MORTGAGE CRP30592 1,000,000.00 1,000,303.51 07/28/20230.37507/30/2020 1,000,120.00 Aaa3134GWDL7 1,060
0.335FEDERAL HOME LOAN MORTGAGE CRP30593 1,000,000.00 1,000,000.00 04/21/20230.34007/30/2020 999,320.00 Aaa3134GV7M4 962
0.404FEDERAL HOME LOAN MORTGAGE CRP30594 1,000,000.00 1,000,000.00 05/13/20240.41008/13/2020 997,950.00 Aaa3134GWHR0 1,350
1.272FEDERAL NATIONAL MORTGAGE ASSO30510C 1,000,000.00 999,985.42 09/29/20201.27009/29/2016 1,000,910.00 Aaa3136G37C3 28
1.332FEDERAL NATIONAL MORTGAGE ASSO30512C 1,000,000.00 1,000,000.00 03/29/20211.35009/29/2016 1,006,870.00 Aaa3136G4BD4 209
1.411FEDERAL NATIONAL MORTGAGE ASSO30513 1,000,000.00 999,367.10 10/07/20211.37510/13/2016 1,013,370.00 Aaa3135GOQ89 401
1.401FEDERAL NATIONAL MORTGAGE ASSO30515 1,000,000.00 999,520.61 10/07/20211.37510/31/2016 1,013,370.00 Aaa3135G0Q89 401
1.341FEDERAL NATIONAL MORTGAGE ASSO30517 1,000,000.00 1,000,117.72 10/07/20211.37511/03/2016 1,013,370.00 Aaa3135GOQ89 401
1.716FEDERAL NATIONAL MORTGAGE ASSO30519 1,000,000.00 996,165.62 10/07/20211.37511/18/2016 1,013,370.00 Aaa3135G0Q89 401
1.946FEDERAL NATIONAL MORTGAGE ASSO30524 1,000,000.00 1,000,342.22 01/05/20222.00001/23/2017 1,025,490.00 Aaa3135G0S38 491
1.994FEDERAL NATIONAL MORTGAGE ASSO30526 1,000,000.00 999,727.02 01/05/20222.00002/02/2017 1,025,490.00 Aaa3135G0S38 491
2.014FEDERAL NATIONAL MORTGAGE ASSO30532 1,000,000.00 999,462.72 01/05/20222.00003/02/2017 1,025,490.00 Aaa3135G0S38 491
2.140FEDERAL NATIONAL MORTGAGE ASSO30533C 1,000,000.00 1,000,000.00 03/29/20222.17003/29/2017 1,031,770.00 Aaa3136G4MQ3 574
0.513FEDERAL NATIONAL MORTGAGE ASSO30580 1,000,000.00 1,000,000.00 12/22/20230.52006/22/2020 1,000,610.00 Aaa3136G4XE8 1,207
0.592FEDERAL NATIONAL MORTGAGE ASSO30585 1,000,000.00 1,000,000.00 07/22/20250.60007/22/2020 999,480.00 Aaa3136G4ZF3 1,785
0.641FEDERAL NATIONAL MORTGAGE ASSO30588 1,000,000.00 1,000,000.00 08/14/20250.65008/14/2020 997,860.00 Aaa3136G4C43 1,808
0.335FEDERAL NATIONAL MORTGAGE ASSO30589 1,000,000.00 1,000,000.00 08/18/20230.34008/18/2020 998,590.00 Aaa3136G4F99 1,081
Portfolio CITY
AP
Run Date: 09/08/2020 - 08:59 PM (PRF_PM2) 7.3.0
12.a
Packet Pg. 693 Attachment: FN. Investment Portfolio Report August 2020. Attachment 1 (6910 : Monthly Investment
YTM
360
Page 3
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
August 31, 2020
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
51,426,953.5451,848,848.5051,425,000.0050,588,407.76Subtotal and Average 1.242 826
Supranationals
1.726INTL BK RECON & DEVELOPMENT30562 1,000,000.00 1,000,000.00 01/27/20231.75001/27/2020 1,005,230.00 Aaa45905U5U4 878
1.913INTL BK RECON & DEVELOPMENT30569 1,000,000.00 1,004,591.02 01/28/20252.05003/03/2020 1,005,620.00 Aaa459058HV8 1,610
2,004,591.022,010,850.002,000,000.002,004,633.79Subtotal and Average 1.820 1,245
Treasury Securities - Coupon
1.919U.S. TREASURY40001C 1,000,000.00 1,000,515.59 08/31/20212.00002/21/2017 1,018,400.00 Aaa912828D72 364
2.348U.S. TREASURY40002 1,000,000.00 998,865.43 07/31/20212.25002/12/2018 1,018,750.00 Aaa912828WY2 333
2.510U.S. TREASURY40003 1,000,000.00 997,426.69 07/31/20212.25006/04/2018 1,018,750.00 Aaa912828WY2 333
2.584U.S. TREASURY40004 1,000,000.00 998,740.54 03/15/20212.37506/25/2018 1,011,640.00 Aaa9128284B3 195
3,995,548.254,067,540.004,000,000.003,995,305.60Subtotal and Average 2.340 306
Certificates of Deposit
1.7261ST TECHNOLOGY FEDERAL CREDIT80034 248,000.00 248,000.00 06/30/20211.75006/30/2016 250,843.8733715LAD2 302
2.022AMERICAN EXPRESS CENTURION BK80038 247,000.00 247,000.00 12/01/20212.05012/01/2016 252,220.2002587DM70 456
2.170BMW BANK80041 247,000.00 247,000.00 02/24/20222.20002/24/2017 253,878.0605580AGK4 541
2.614CAPITAL ONE NATIONAL ASSOC80054 247,000.00 247,000.00 05/30/20242.65005/30/2019 269,217.8214042RLW9 1,367
2.860CITI BANK SALT LAKE CITY UTAH80043 246,000.00 246,000.00 05/24/20212.90005/23/2018 250,806.8417312QM22 265
2.712COMENITY CAPITAL BANK80052 249,000.00 249,000.00 04/15/20242.75004/29/2019 271,687.3120033AU61 1,322
2.416EAGLE BANK80053 249,000.00 249,000.00 05/24/20222.45005/24/2019 258,406.5027002YEP7 630
3.107GOLDMAN SACHS GROUP INC.80046 245,000.00 245,000.00 01/17/20233.15001/16/2019 262,269.9038148P4B0 868
2.910MEDALLION BANK80044 249,000.00 249,000.00 06/04/20212.95006/04/2018 254,125.5258404DCA7 276
2.860MORGAN STANLEY BANK80042 246,000.00 246,000.00 05/10/20212.90005/10/2018 250,556.9361747MX63 251
3.008MORGAN STANLEY PRIVATE BANK80048 246,000.00 246,000.00 01/31/20243.05001/31/2019 269,726.9561760AVF3 1,247
2.564MORGAN STANLEY PRIVATE BANK80055 247,000.00 247,000.00 06/13/20242.60006/13/2019 269,001.0361760AG52 1,381
2.712NORTHWESTERN BANK80049 245,000.00 245,000.00 02/13/20232.75002/13/2019 260,359.56668015AL4 895
2.712OXFORD BANK & TRUST80051 245,000.00 245,000.00 06/28/20222.75002/28/2019 256,298.8969140WAS4 665
2.022STEARNS BANK80039 249,000.00 249,000.00 01/13/20222.05001/13/2017 254,821.82857894SK6 499
1.677SYNCHRONY BANK80036 247,000.00 247,000.00 10/21/20211.70010/21/2016 250,646.0287165FNC4 415
2.959TIAA FSB80050 245,000.00 245,000.00 02/22/20243.00002/22/2019 268,640.8187270LBU6 1,269
2.959UBS FINANCE COMMERCIAL PAPER80045 249,000.00 249,000.00 06/14/20213.00006/13/2018 254,408.5090348JCU2 286
2.022WASHINGTON FIRST BK RESTON80040 247,000.00 247,000.00 02/23/20222.05002/23/2017 253,307.59940727AH3 540
3.156WELLS FARGO BK NA80047 500,000.00 500,000.00 01/18/20243.20001/18/2019 550,428.80949763WU6 1,234
1.726WELLS FARGO BANK80033 249,000.00 249,000.00 06/17/20211.75006/17/2016 251,934.569497485W3 289
5,442,000.005,713,587.485,442,000.005,442,000.00Subtotal and Average 2.548 738
Portfolio CITY
AP
Run Date: 09/08/2020 - 08:59 PM (PRF_PM2) 7.3.0
12.a
Packet Pg. 694 Attachment: FN. Investment Portfolio Report August 2020. Attachment 1 (6910 : Monthly Investment
YTM
360
Page 4
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
August 31, 2020
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
Money Market Funds
0.010WELLS FARGO GOVT MONEY MARKET20002 4,977,460.96 4,977,460.96 0.0104,977,460.96SYS20002 1
4,977,460.964,977,460.964,977,460.963,228,745.90Subtotal and Average 0.010 1
107,988,529.87 109,389,991.07 1.247 587110,441,361.21 109,430,118.52Total and Average
Portfolio CITY
AP
Run Date: 09/08/2020 - 08:59 PM (PRF_PM2) 7.3.0
12.a
Packet Pg. 695 Attachment: FN. Investment Portfolio Report August 2020. Attachment 1 (6910 : Monthly Investment
YTM
360
Page 5
Par Value Book Value
Stated
RateMarket Value
August 31, 2020
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
0.00
107,988,529.87 109,389,991.07 1.247 587
0
10,614.17
10,614.17
10,614.17
10,614.17
Subtotal
Accrued Interest at PurchaseAverage Balance
110,451,975.38 109,440,732.69Total Cash and Investments
Portfolio CITY
AP
Run Date: 09/08/2020 - 08:59 PM (PRF_PM2) 7.3.0
12.a
Packet Pg. 696 Attachment: FN. Investment Portfolio Report August 2020. Attachment 1 (6910 : Monthly Investment
Page 1
Stated
Rate
Transaction
Date
August 1, 2020 through August 31, 2020
Activity By Type
Balance
Portfolio Management
CITY OF SAN BERNARDINO
CUSIP Investment #Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
State Local Agency Investment Fund (Monthly Summary)
LOCAL AGENCY INVESTMENT FUND10001 7,250,000.000.860 19,500,000.00SYS
19,500,000.00 29,479,750.07Subtotal7,250,000.00
Managed Pool Accounts (Monthly Summary)
CALTRUST GOVT INVESTMENT FUND20008 1.150.730 0.0020008
0.00 1,780.04Subtotal1.15
Corporate Notes
BANK OF AMERICA CORPORATION30568 0.002.050 08/28/2020 1,000,000.0006048WH94
J.P. MORGAN CHASE & CO30595 1,000,000.000.800 08/18/2020 0.0048128GV56
1,000,000.00 12,102,034.64Subtotal1,000,000.00
Federal Agency Issues - Coupon
FEDERAL HOME LOAN MORTGAGE CRP30590 1,000,000.000.250 08/03/2020 0.003134GWHD1
FEDERAL HOME LOAN MORTGAGE CRP30591 1,000,000.000.325 08/03/2020 0.003134GWGL4
FEDERAL HOME LOAN MORTGAGE CRP30594 1,000,000.000.410 08/13/2020 0.003134GWHR0
FEDERAL NATIONAL MORTGAGE ASSO30527C 0.001.800 08/21/2020 1,000,000.003136G4LA9
FEDERAL NATIONAL MORTGAGE ASSO30588 1,000,000.000.650 08/14/2020 0.003136G4C43
FEDERAL NATIONAL MORTGAGE ASSO30589 1,000,000.000.340 08/18/2020 0.003136G4F99
1,000,000.00 51,426,953.54Subtotal5,000,000.00
Supranationals
2,004,591.02Subtotal
Treasury Securities - Coupon
3,995,548.25Subtotal
Certificates of Deposit
5,442,000.00Subtotal
Money Market Funds (Monthly Summary)
WELLS FARGO GOVT MONEY MARKET20002 13,492,987.690.010 10,779,219.04SYS20002
10,779,219.04 4,977,460.96Subtotal13,492,987.69
109,430,118.52Total32,279,219.0426,742,988.84
Portfolio CITY
AP
Run Date: 09/08/2020 - 08:59 PM (PRF_PM3) 7.3.0
Report Ver. 7.3.3b
12.a
Packet Pg. 697 Attachment: FN. Investment Portfolio Report August 2020. Attachment 1 (6910 : Monthly Investment
Page 1
August 2019 through August 2020
Activity Summary
Month
Portfolio Management
End Year
Number of
Securities
Total
Invested
360
Equivalent
365
Equivalent
Managed
Pool
Rate
Average
Term
Average
Days to Maturity
CITY OF SAN BERNARDINO
Number
of Investments
Purchased
Number
of Investments
Redeemed
Yield to Maturity
100,006,961.73August201973 782 3401.984 2.012 2.341 0 3
94,603,560.06September201969 795 3441.971 1.998 2.280 0 4
91,198,209.04October201976 960 4741.957 1.985 2.190 7 0
96,737,190.19November201974 869 4301.945 1.972 2.103 0 2
104,414,539.79December201978 846 4521.942 1.969 2.043 6 2
116,512,135.33January202085 826 4561.903 1.929 1.967 7 0
123,735,583.62February202088 831 4671.870 1.896 1.912 3 0
117,383,961.74March202092 898 5271.760 1.784 1.730 6 2
116,849,030.14April202084 799 4311.720 1.744 1.648 0 8
138,861,091.34May202081 650 3401.523 1.544 1.363 0 3
136,635,240.56June202083 712 4051.432 1.452 1.217 11 9
114,967,808.06July202087 905 5251.310 1.328 0.920 6 2
109,430,118.52August202091 994 5871.247 1.265 0.860 6 2
Average 112,410,417.70 1.736%1.760%1.736 4 3 836 44482
Portfolio CITY
AP
Run Date: 09/08/2020 - 08:59 PM (PRF_PM4) 7.3.0
Report Ver. 7.3.3b
12.a
Packet Pg. 698 Attachment: FN. Investment Portfolio Report August 2020. Attachment 1 (6910 : Monthly Investment
Page 1
August 2019 through August 2020
Distribution of Investments By Type
Portfolio Management
CITY OF SAN BERNARDINO
AverageSeptemberAugustOctober
2019 2019 by Period
DecemberNovember January
2019 2020
MarchFebruary April
2020 2020
May July
2020 2020
August
2020Security Type
June
2020202020192019
23.7 24.60.4State Local Agency Investment Fund 35.8 34.832.5 32.4 40.935.2 50.2 36.349.5 26.9 32.6%
25.7 13.049.9Managed Pool Accounts 6.7 4.210.7 1.5 8.6%
Negotiable CD's - Bank
4.4Corporate Notes 5.8 7.84.2 9.5 9.58.2 8.9 10.58.0 11.1 6.8%
38.9 45.837.8Federal Agency Issues - Coupon 41.0 39.341.1 42.9 35.539.4 31.8 41.328.4 47.0 39.2%
Supranationals 0.9 1.7 1.70.8 1.5 1.71.4 1.8 0.9%
5.3 5.55.0Treasury Securities - Coupon 4.8 4.35.2 4.3 4.34.0 2.9 3.53.6 3.7 4.3%
6.5 6.86.7Certificates of Deposit 5.9 5.36.4 5.3 5.35.0 4.0 4.74.3 5.0 5.5%
Treasury Discounts -Amortizing
Money Market Funds 3.4 3.9 2.95.8 0.8 2.04.8 4.6 2.2%
0.3Certificate Deposit-2
Negotiable CDs -3
Portfolio CITY
AP
Run Date: 09/08/2020 - 08:59 PM (PRF_PM5) 7.3.0
Report Ver. 7.3.3b
12.a
Packet Pg. 699 Attachment: FN. Investment Portfolio Report August 2020. Attachment 1 (6910 : Monthly Investment
Page 1
August 31, 2020
Interest Earnings Summary
Month EndingAugust 31 Fiscal Year To Date
Portfolio Management
CITY OF SAN BERNARDINO
CD/Coupon/Discount Investments:
108,739.83Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
237,648.99
( 248,923.19)
245,609.77
237,648.99
( 289,879.23)
Less Accrued Interest at Purchase During Period ( 0.00)( 0.00)
Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods
97,465.63
-1,459.34
0.00
193,379.53
-2,910.27
0.00
96,006.29 190,469.26
Pass Through Securities:
0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
0.00
( 0.00)
0.00
0.00
( 0.00)
Less Accrued Interest at Purchase During Period ( 0.00)( 0.00)
Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods
0.00
0.00
0.00
0.00
0.00
0.00
0.00 0.00
Cash/Checking Accounts:
43.66Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
514,140.78
( 490,448.75)
199,036.67
514,140.78
( 630,233.71)
Interest Earned during Period 23,735.69 82,943.74
Total Interest Earned during Period
Total Adjustments from Premiums and Discounts
Total Capital Gains or Losses
Total Earnings during Period
121,201.32
-1,459.34
0.00
276,323.27
-2,910.27
0.00
119,741.98 273,413.00
Portfolio CITY
AP
Run Date: 09/08/2020 - 08:59 PM (PRF_PM6) 7.3.0
Report Ver. 7.3.3b
12.a
Packet Pg. 700 Attachment: FN. Investment Portfolio Report August 2020. Attachment 1 (6910 : Monthly Investment
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Final Reading Sidewalk Vending (All Wards)
Recommendation
Accept for final reading and adopt Ordinance MC-1545 of the Mayor and City Council of
the City of San Bernardino, California, adopting the Code Amendment to Section
5.30.120 and various Sections of Chapter 8.01 clarifying the City’s authority to enforce
its Environmental Health Code.
Background
On September 16, 2020, the Mayor and the City Council considered a Code
Amendment to Section 5.30.120 and various sections of Chapter 8.01 of the San
Bernardino Municipal Code clarifying the City’s authority to enforce its Environmental
Health Code. Currently, the Code establishes that the San Bernardino County
Department of Environmental Health Services (DEHS) has enforcement authority. This
amendment would expand the authority to both the City of San Bernardino and DEHS.
Such action would further the City Council finding that, unless properly regulated,
sidewalk vending poses a unique risk to the health, safety, and welfare of the public,
including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary
conditions involving food preparation, risks to children, and consumer protection.
Discussion
The item under consideration by the City Council is the Final Reading of a proposed
Code Amendment related to Sidewalk Vending. The Council is being requested to
adopt Ordinance MC-1545 that will assist the City in its enforcement of illegal sidewalk
vending citywide.
2020-2025 Key Strategic Targets and Goals
The proposed Code Amendment aligns with Key Target No. 3: Improved Quality of Life.
Specifically, addressing the City’s ability to enforce its Environmental Health Code
minimizes the unique risks to the public health, safety and welfare as it relates to illegal
sidewalk vending activities.
Fiscal Impact
There is no fiscal impact related to the final adoption of the proposed Code Amendment
13
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6928
Page 2
on sidewalk vending.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept for final reading and adopt Ordinance MC-1545, adopting the Code
Amendment to Section 5.30.120 and various Sections of Chapter 8.01 clarifying the
City’s authority to enforce its Environmental Health Code.
Attachments
Attachment 1 Ordinance MC-1545 Approving the Code Amendment related to
Sidewalk Vending
Ward: All
Synopsis of Previous Council Actions:
May 1, 2019 Mayor and City Council adopted a Code Amendment adding
Chapter 5.30 to Title 5 of the San Bernardino Municipal Code
imposing regulations on sidewalk vending.
13
Packet Pg. 702
ORDINANCE MC-1545
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING SECTIONS 5.30.120, 8.01.010, AND 8.01.030
OF THE SAN BERNARDINO MUNICIPAL CODE,
AMENDING THE ENFORCEMENT AUTHORITY
REGARDING THE CITY’S ENVIRONMENTAL HEALTH
CODE
WHEREAS, the City San Bernardino, California (“City”) is a chartered city and
municipal corporation, duly organized under the California Constitution and laws of the State of
California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,
the City has the authority to enact laws which promote the public health, safety, and general
welfare of its citizens, including sidewalk vending, as long as these are consistent with newly
enacted Senate Bill (“SB 946”); and
WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities
from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and
WHEREAS, according to its terms, SB 946 applies to both charter and general law
cities; and
WHEREAS, SB 946 explicitly stated that the legislation did not affect the applicability
of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code,
otherwise known as the California Retail Food Code, to a sidewalk vendor who sells food; and
WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending
poses a unique risk to the health, safety, and welfare of the public, including, but not limited to,
impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation,
risks to children, and consumer protection; and
WHEREAS, the City Council finds that the changes to Section 5.30.120 and various
sections of Chapter 8.01 of the San Bernardino Municipal Code are necessary to make clear the
City’s authority to enforce its Environmental Health Code.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are hereby incorporated herein
by this reference.
SECTION 2. A new subsection (I) shall be added to Section 5.30.120 of the San
Bernardino Municipal Code to read as follows:
13.a
Packet Pg. 703 Attachment: CED.Sidewalk Vending Code Amendment.Ordinance 9.16.20 (6928 : Final Reading Sidewalk Vending (All Wards))
Ordinance MC-1545
“5.30.120 Penalties
…
I. Nothing contained herein shall be construed to impede the City’s or County’s
ability to enforce County Health Department codes, regulations, and ordinances.”
SECTION 3. Section 8.01.010 of the San Bernardino Municipal Code shall be amended
to read as follows:
“8.01.010 Purpose
Pursuant to California Health and Safety Code Section 480 et seq., 500 et seq., 1155.5,
Title 17 of the California Administrative Code [now California Code of Regulations] and other
relevant state law, for the protection of the environmental public health, the issuance of permits
and collection of fees, and providing penalties and remedies for the violation of such regulations,
there is hereby adopted by the City of San Bernardino as its Environmental Health Code, that
certain Code known as the Uniform Environmental Health Code, being Chapters 1-11, Division
3, Title III of the San Bernardino County Code, except as provided in Section 8.01.020
following. This Code also specifically adopts Title III, Division 8, Chapters 1 through 11,
inclusive, of the San Bernardino County Code, entitled “Underground Storage of Hazardous
Substances.” The City of San Bernardino designates both the City of San Bernardino, and any
employee thereof, and the San Bernardino County Department of Environmental Health Services
(DEHS) as the enforcement agency agencies for the purpose of this Environmental Health Code
and all state law pertaining to environmental health. Pursuant to California Government Code
Section 50022.6, a copy of said Code is on file in the office of the City Clerk of the City of San
Bernardino and the same is hereby adopted and incorporated as fully as if set out at length
herein.”
SECTION 4. Section 8.01.030 of the San Bernardino Municipal Code shall be amended
to read as follows:
“8.01.030 Remedies/Penalties
It shall be unlawful for any person or entity to deny access, interfere with, prevent,
restrict, obstruct, or hinder either the City of San Bernardino or the Department of Environmental
Health Services’ (DEHS) employees or agents acting within the scope of their duty or agency. It
shall be unlawful for any person to fail to identify oneself upon lawful request by either the City
of San Bernardino or the Department of Environmental Health Services (DEHS) employees or
agents acting within the scope of their duty or agency. Offering physical resistance or bodily
attack upon authorized representative of the City of San Bernardino or DEHS acting within the
scope of their duty or agency is a misdemeanor, punishable by imprisonment in the County jail
for not less than ten (10) days, without the alternative of a fine.
In addition to criminal prosecution, civil action, and every other remedy or penalty
provided by law, public nuisance may be abated or enjoined in an action brought by either the
City of San Bernardino or DEHS, or under circumstances immediately dangerous to public
health or safety may be summarily abated by either the City of San Bernardino or DEHS
13.a
Packet Pg. 704 Attachment: CED.Sidewalk Vending Code Amendment.Ordinance 9.16.20 (6928 : Final Reading Sidewalk Vending (All Wards))
Ordinance MC-1545
enforcement officers as provided herein or otherwise in the manner provided by law for the
summary abatement of public nuisances.
Except where punishable as a misdemeanor or felony under state law or herein, any
person or entity who violates any provision of this Environmental Health Code (EHC) shall be
guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than
twenty-five dollars ($25.00) but not exceeding one hundred dollars ($100.00) for a first violation,
a fine not exceeding two hundred dollars ($200.00) for a second violation, within one (1) year,
and a fine not exceeding five hundred dollars ($500.00) for the third conviction within one (1)
year, the fourth and additional convictions within one (1) year shall be punishable as
misdemeanors and shall be punished by a fine not less than two hundred fifty dollars ($250.00)
nor more than one thousand dollars ($1,000.00), or by imprisonment in the County jail for a term
not exceeding six (6) months, or both, and such convicted person or entity may in the discretion
of the court be adjudged in addition to the above penalties, to be liable to the City of San
Bernardino and/or DEHS for all necessary costs incurred in investigation, discovery, analysis,
inspection, clean-up and other actual costs incurred by the City of San Bernardino and/or DEHS
or its agents pertaining to the violation.
Each day or portion thereof in violation shall be considered a separate and distinct
offense. The owner, manager, and operator of every activity or facility subject to the jurisdiction
of this EHC shall be responsible for any violation by any employee of any of its provisions.
Payment of any penalty or serving any term of imprisonment herein provided shall not relieve
any person or entity from the responsibility of correcting the condition constituting the violation.
Unless otherwise stated in this Chapter, any violation of this Chapter may be prosecuted
by the City Attorney and be punishable as an infraction or a misdemeanor in accordance with
Chapter 1.12 of the San Bernardino Municipal Code.”
SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part thereof, is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
be declared unconstitutional. If for any reason any portion of this ordinance is found to be
invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 7. Certification. City Clerk of the City of San Bernardino shall certify to the
adoption of this Ordinance 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.
SECTION 8. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity
13.a
Packet Pg. 705 Attachment: CED.Sidewalk Vending Code Amendment.Ordinance 9.16.20 (6928 : Final Reading Sidewalk Vending (All Wards))
Ordinance MC-1545
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectl y.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___th day of , 2020.
__________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
13.a
Packet Pg. 706 Attachment: CED.Sidewalk Vending Code Amendment.Ordinance 9.16.20 (6928 : Final Reading Sidewalk Vending (All Wards))
Ordinance MC-1545
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-___, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the XX day of , 2020. Ordinance No. MC-
____ was approved, passed and adopted at a regular meeting held the XX 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 t his ___ day of
____________ 2020.
______________________________
Genoveva Rocha, CMC, City Clerk
13.a
Packet Pg. 707 Attachment: CED.Sidewalk Vending Code Amendment.Ordinance 9.16.20 (6928 : Final Reading Sidewalk Vending (All Wards))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Resolution Approving Seventh Amendment to PSA with
Willdan Engineering (All Wards)
Recommendation
Adopt Resolution 2020-247 of the Mayor and City Council of the City of San Bernardino,
California, approving the Seventh Amendment to the Professional Services Agreement
with Willdan Engineering for a period of six months with an additional three months to
cover any unforeseen circumstances.
Background
Since 2014, Willdan Engineering (“Willdan”) has provided professional services to the
Community and Economic Development and Public Works Departments (formerly the
Development Services Department). Services rendered include plan review services to
the Building and Safety Division, Land Development Division and the Public Works
Department; inspection services for both the Building and Safety and Land
Development Divisions, and supplemental staffing services to the same two divisions.
The original term of the Professional Services Agreement (“Agreement”) with Willdan
Engineering was for three years with two, one year extensions. Since the original
execution of the Agreement in 2014, there have been six amendments related to the
increase in the contract amount and extensions to the term of the agreement. The
current term expired on September 30, 2020.
Discussion
Since the last amendment to the Agreement, the Community and Economic
Development Department processed a Request for Proposal (RFP) to solicit interest
from professional consulting firms that provide contract services related to building an d
engineering plan checks, inspection, and supplemental staffing services. This direction
is consistent with the Plan of Adjustment that encourages the best service delivery
through the most cost efficient means.
As mentioned above, the current Agreement provides services to both the Community
and Economic Development and Public Works Departments. Although this RFP
process was started, the processes was placed on hold until the new Public Works
14
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6929
Page 2
Director was hired, a full-time Building Official was hired and the Land Development
Division was transferred from Community and Economic Development to the Public
Works Department. From a strategic perspective, this allows the new Public Works
Director and Building Official to be directly involved with the sel ection of a consultant
that best meets the needs of their respective disciplines. Those actions have now been
completed and staff wishes to proceed with the RFP. To be able to accommodate the
processing time for the RFP, staff is requested that the Mayor and City Council extend
the Agreement for an additional six months, with an additional three months to cover
any unforeseen circumstances that may arise during the processing of the RFP.
Fiscal Impact
The Community and Economic Development Department is requesting an amendment
to the term of the Agreement between the City and Willdan. The annual contract
amount will remain the same and has been budgeted.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution 2020-247, approving the Seventh Amendment to the
Professional Services Agreement with Willdan Engineering for a period of six months
with an additional three months to cover any unforeseen circumstances.
This action will allow staff to process a Request for Proposal to solicit interest from
professional consulting firms that provide contract services related to building and
engineering plan check, inspection and supplemental staffing services for both the
Community and Economic Development and Public Works Departments.
Attachments
Attachment 1 Resolution 2020-247; Exhibit A - Amendment Number Seven to the
Professional Services Agreement with Willdan Engineering
Attachment 2 Resolution 2014-327 - Consultant Services Agreement
Ward: All
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council approved the sixth amendment to the
Professional Services Agreement with Willdan Engineering.
14
Packet Pg. 709
RESOLUTION NO. 2020-247
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE EXECUTION OF AMENDMENT
NUMBER SEVEN WITH WILLDAN ENGINEERING FOR
PLAN REVIEW, INSPECTION, STORMWATER
MANAGEMENT, AND COUNTER SERVICES
WHEREAS, City and Consultant entered into a Professional Services Agreement on
September 2, 2014, setting forth the terms and conditions under which Consultant would perform
professional consulting services for the City (“Agreement”); and
WHEREAS, City and Consultant desire to amend the Agreement to extend the term by
six (6) months, with a possible three (3) month extension for unforeseen circumstances. The
extension will begin on September 30, 2020.
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. The City Manager is hereby authorized and directed to execute
Amendment Number Seven to a Consulting Services Agreement with Willdan Engineering
attached hereto as Exhibit “A”, for a term of six (6) months, with a possible three (3) month
extension for unforeseen circumstances. The extension will begin on September 30, 2020.
SECTION 3. The authorization to execute the above-referenced amendment is rescinded
if the amendment is not executed and returned to the Office of the City Clerk within sixty (60)
days following the effective date of this Resolution.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. 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 6. 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 ___ day of __________, 2020.
14.a
Packet Pg. 710 Attachment: CED.Willdan PSA.Attachment 1.Resolution (6929 : Resolution Approving Seventh Amendment to PSA with Willdan Engineering
Resolution No. 2020-247
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
14.a
Packet Pg. 711 Attachment: CED.Willdan PSA.Attachment 1.Resolution (6929 : Resolution Approving Seventh Amendment to PSA with Willdan Engineering
Resolution No. 2020-247
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at 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 t his ___ day of
____________ 2020.
_____________________________________
Genoveva Rocha, CMC, City Clerk
14.a
Packet Pg. 712 Attachment: CED.Willdan PSA.Attachment 1.Resolution (6929 : Resolution Approving Seventh Amendment to PSA with Willdan Engineering
Exhibit “A”
AMENDMENT NUMBER SEVEN TO THE CONSULTING
SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO, CALIFORNIA, AND WILLDAN
ENGINEERING FOR PLAN REVIEW, INSPECTION,
STORMWATER MANAGEMENT, AND COUNTER
SERVICES
THIS AMENDMENT NUMBER SEVEN TO AGREEMENT is made and entered into
this 30th day of September 2020 ("Effective Date"), by and between the CITY OF SAN
BERNARDINO, CALIFORNIA, a charter city ("CITY"), and WILLDAN ENGINEERING
("CONSULTANT").
W I T N E S S E T H:
WHEREAS, CITY and CONSULTANT entered into the Original Consulting Services
Agreement on September 2, 2014; and
WHEREAS, CITY and CONSULTANT seek by this Amendment to extend the term by
six (6) months, with a possible three (3) month extension for unforeseen circumstances. The
extension will begin on September 30, 2020.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the parties hereby agree as follows:
1. Section 3.1 Term is hereby amended as follows “This Agreement shall commence on
the Effective Date and be extended by six (6) months, with a possible three (3) month
extension for unforeseen circumstances, unless the Agreement is previously terminated
as provided for herein.”
2. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Six to be
executed by and through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO, WILLDAN ENGINEERING
CONSULTANT
_________________________________ ________________________
Robert D. Field, City Manager Signature
_________________________
Name and Title
14.b
Packet Pg. 713 Attachment: CED.Willdan PSA Amendment.Attachment 2 (6929 : Resolution Approving Seventh Amendment to PSA with Willdan Engineering
Exhibit “A”
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
14.b
Packet Pg. 714 Attachment: CED.Willdan PSA Amendment.Attachment 2 (6929 : Resolution Approving Seventh Amendment to PSA with Willdan Engineering
IMPORTANT NOTE: Resolution
is Null and Void)
1 RESOLUTION NO. 2014-327
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF CONSULTANT SERVICES
3 AGREEMENTS WITH WILLDAN AND CSG CONSULTANTS, INC. FOR PLAN
4
REVIEW, INSPECTION, STORMWATER MANAGEMENT, FIRE AND LIFE
SAFETY PLAN REVIEW, BUILDING OFFICIAL, AND COUNTER SERVICES.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. The City Manager is hereby authorized and directed to execute
8
9
Consultant Services Agreements with Willdan for plan review, inspection, stormwater
10 management, fire and life safety plan review, building official, and counter services; and with
11 CSG Consultants, Inc. for plan review, inspection, stormwater management, fire and life safety
12 plan review, and counter services; copies of which are attached hereto as Attachments "A" and
13 "B"respectively, and incorporated herein.
14 SECTION 2. The Director of Finance is hereby authorized to issue a purchase order for
15
services related to Community Development to Willdan and CSG Consultants, Inc., per
16 Specification No. F-14-41 for a total of$355,600 in aggregate, with provisions for three single
17
year renewal options.
18
SECTION 3. The Director of Finance is hereby authorized to issue a purchase order for
19
Fire and Life Safety Plan Review Services to Willdan and CSG Consultants, Inc., per
20
Sperm cation No. F-14-41 for a total of$120,000 in aggregate, with provisions for three single
21
22
year renewal options.
23
SECTION 4. The authorization to execute the above-referenced agreements is
24 rescinded if the agreements are not executed and returned to the Office of the City Clerk within
25 sixty(60) days following the effective date of this Resolution.
14.c
Packet Pg. 715 Attachment: CED.Willdan PSA Org Reso. Attachment 3 (6929 : Resolution Approving Seventh Amendment to PSA with Willdan Engineering (All
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE EXECUTION OF CONSULTANT SERVICES
AGREEMENTS WITH WILLDAN AND CSG CONSULTANTS, INC. FOR PLAN
3 REVIEW, INSPECTION, STORMWATER MANAGEMENT, FIRE AND LIFE
4
SAFETY PLAN REVIEW, BUILDING OFFICIAL, AND COUNTER SERVICES.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
7
2nd day of September, 2014, by the following vote, to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
10
MARQUEZ X
11 BARRIOS X
12 VALDIVIA X
13 SHORETT X
14 NICKEL X
15 JOHNSON X
16
MULVIHILL X
17
4 r
18 Georg- Hanna, Clerk
19
The foregoing resolution is hereby approved this day of eptember, 2014.
20
21
R. Carey Day' , Mayor
22 City of San :ernardino
Approved as to form:
23 Gary D. Saenz, City Attorney
24
By: 4r,
25
14.c
Packet Pg. 716 Attachment: CED.Willdan PSA Org Reso. Attachment 3 (6929 : Resolution Approving Seventh Amendment to PSA with Willdan Engineering (All
2014-327
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 2nd day of September , 2014
Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"),
and Willdan("CONSULTANT").
WITNESSETH :
A. WHEREAS, CITY proposes to have CONSULTANT perform the services
described herein below; and
B. WHEREAS, CONSULTANT represents that it has that degree of specialized
expertise contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, CITY and CONSULTANT desire to contract for plan review,
inspection, stormwater management, fire and life safety plan review, building official, and
counter services; and
D. WHEREAS, no official or employee of CITY has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall
provide plan review, inspection, stormwater management, fire and life safety plan review,
building official, and counter services described in RFP F-14-41 and the Scope of Services
attached hereto as Exhibit "1" and incorporated herein by this reference. If a conflict arises
between the Scope of Services and this Professional Services Agreement (hereinafter
Agreement"), the terms of the Agreement shall govern.
1.2. Professional Practices. All professional services to be provided by
CONSULTANT pursuant to this Agreement shall be provided by skilled personnel and in a
manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. CONSULTANT also warrants that it is familiar with all laws that may
affect its performance of this Agreement and shall advise CITY of any changes in any laws that
may affect CONSULTANT's performance of this Agreement. CONSULTANT further represents
that no CITY employee will provide any services under this Agreement.
1
14.c
Packet Pg. 717 Attachment: CED.Willdan PSA Org Reso. Attachment 3 (6929 : Resolution Approving Seventh Amendment to PSA with Willdan Engineering (All
1.3. Warranty. CONSULTANT warrants that it shall perform the services required by
this Agreement in compliance with all applicable Federal and California employment laws
including, but not limited to, those laws related to minimum hours and wages; occupational
health and safety; fair employment and employment practices; workers' compensation insurance
and safety in employment; and all other Federal, State and local laws and ordinances applicable
to the services required under this Agreement. CONSULTANT shall indemnify and hold
harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and
judgments of every nature and description including reasonable attorneys' fees and costs,
presented, brought, or recovered against CITY for, or on account of any liability under any of the
above-mentioned laws, arising from or related to CONSULTANT's performance under this
Agreement.
1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not
engage in, nor permit its officers, employees or agents to engage in, discrimination in
employment of persons because of their race, religion, color, national origin, ancestry, age,
mental or physical disability, medical condition, marital status, sexual gender or sexual
orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of
this provision may result in the imposition of penalties referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter
into agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may
employ other personnel to perform services contemplated by this Agreement at
CONSULTANT's sole cost and expense.
1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANT shall at
all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept
payment from or employment with any person or entity which will constitute a conflict of
interest with the CITY.
1.8 CITY Business Certificate. CONSULTANT shall obtain and maintain during the
term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the
City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required of CONSULTANT to
practice its profession, skill or business.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, CONSULTANT shall be paid
for such services in accordance with the specifications contained in RFP F-14-41 and the
CONSULTANT's Cost/Price Form contained in Exhibit "1".
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2.2. Additional Services. CONSULTANT shall not receive compensation for any
services provided outside the Scope of Services unless the CITY, prior to CONSULTANT
performing the additional services, approves such additional services in writing. It is specifically
understood that oral requests and/or approvals of such additional services or additional
compensation shall be barred and are unenforceable.
2.3. Method of Billing. CONSULTANT may submit invoices to CITY for approval.
Said invoice shall be based on the total of all CONSULTANT's services which have been
completed to CITY's sole satisfaction. CITY shall pay CONSULTANT's invoice within forty-
five (45) days from the date CITY receives said invoice. The invoice shall describe in detail, the
services performed and the associated time for completion. Any additional services approved and
performed pursuant to this Agreement shall be designated as "Additional Services" and shall
identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of CONSULTANT's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting principles
and shall be made available to CITY for inspection and/or audit at mutually convenient times for
a period of three (3) years from the Effective Date.
3.0. TERM AND NOTIFICATION.
3.1. Term. This Agreement shall commence on the Effective Date and continue
through September 30, 2017, unless the Agreement is previously terminated as provided for
herein. There may be two (2) one-year extensions upon mutual agreement of the parties not to
exceed maximum compensation stated in Section 2.1.
3.2 Termination. CITY or CONSULTANT may terminate this Agreement for any
reason upon thirty (30) days written notice to the other party. In the event of termination,
CONSULTANT shall be paid the reasonable value of services rendered to the date of
termination.
3.3 Documents. In the event of termination of this Agreement, all documents
prepared by CONSULTANT in its performance of this Agreement shall be delivered to the
CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to
CITY. Any use of uncompleted documents without specific written authorization from
CONSULTANT shall be at CITY's sole risk and without liability or legal expense to
CONSULTANT.
4.0. INSURANCE
4.1. Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and
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maintain during the term of this Agreement all of the following insurance coverages:
a) Commercial general liability, including premises-operations, products/completed
operations, broad form property damage, blanket contractual liability,
independent contractors, personal injury with a policy limit of not less than One
Million Dollars ($1,000,000.00), combined single limits, per occurrence and
aggregate.
b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a
policy limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
c) Workers' compensation insurance as required by the State of California.
4.2. Endorsements. The commercial general liability insurance policy shall contain or
be endorsed to contain the following provisions:
a) Additional insureds: "The City of San Bernardino and its elected and appointed
boards, officers, agents, and employees are additional insureds with respect to
CONSULTANT'S performance under this contract."
b) Notice: "Said policy shall not terminate, nor shall it be materially changed or
cancelled, nor the coverage reduced, until thirty (30) days after written notice is
given to CITY."
c) Other insurance: "Any other insurance maintained by the City of San Bernardino
shall be excess and not contributing with the insurance provided by this policy."
4.3. Certificates of Insurance. CONSULTANT shall provide to CITY certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by CITY, prior to performing any services under this Agreement.
4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which
CONSULTANT may be held responsible for payments of damages to persons or property.
5.0. GENERAL PROVISIONS
5.1. Entire Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
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5.2. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed
served or delivered: a) at the time of delivery if such communication is sent by personal delivery;
b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after
deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent
through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Willdan City Manager
650 Hospitality Lane Suite 250 300 North "D" Street
San Bernardino, CA 92408 San Bernardino, CA 92418
Telephone: (909) 386-0204 Telephone: (909) 384-5122
Facsimile: (909) 888-5107 Facsimile: (909) 384-5138
5.3. Attorneys' Fees. In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof The costs, salary and expenses of the City Attorney and
members of his office in enforcing this contract on behalf of the CITY shall be considered as
attorneys' fees" for the purposes of this Agreement.
5.4. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San
Bernardino County, California.
5.5. Assignment. CONSULTANT shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of CONSULTANT's interest in this Agreement
without CITY's prior written consent. Any attempted assignment, transfer, subletting or
encumbrance shall be void and shall constitute a breach of this Agreement and cause for
termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall
release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be
performed by CONSULTANT hereunder for the term of this Agreement.
5.6. Indemnification and Hold Harmless. CONSULTANT shall protect, defend,
indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions,
officers, attorneys, agents and employees from any and all claims, losses, demands, suits,
administrative actions, penalties, liabilities and expenses, including reasonable attorney fees,
damage to property or injuries to or death of any person or persons or damages of any nature
including, but not limited to, all civil claims or workers' compensation claims arising from or in
any way related to CONSULTANT's performance under this Agreement, except when caused
solely by the CITY's negligence.
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5.7. Independent Contractor. CONSULTANT, at all times while performing under
this Agreement, is and shall be acting at all times as an independent contractor and not as an
agent or employee of CITY. CONSULTANT shall secure, at its expense, and be responsible for
any and all payment of wages, benefits and taxes including, but not limited to, Income Tax,
Social Security, State Disability Insurance Compensation, Unemployment Compensation, and
other payroll deductions for CONSULTANT and its officers, agents, and employees, and all
business licenses, if any are required, in connection with the services to be performed hereunder.
Neither CONSULTANT nor its officers, agents and employees shall be entitled to receive any
benefits which employees of CITY are entitled to receive and shall not be entitled to workers'
compensation insurance, unemployment compensation, medical insurance, life insurance, paid
vacations, paid holidays, pension, profit sharing or social security on account of CONSULTANT
and its officers', agents' and employees' work for the CITY. This Agreement does not create the
relationship of agent, servant, employee partnership or joint venture between the CITY and
CONSULTANT.
5.8 Conflict of Interest Disclosure. CONSULTANT or its employees may be subject
to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires
such persons to disclose financial interests that may be materially affected by the work
performed under this Agreement, and (2) prohibits such persons from making or participating in
making decisions that will have a foreseeable financial effect on such interest.
CONSULTANT shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for termination of the Agreement by CITY.
5.9. Responsibility for Errors. CONSULTANT shall be responsible for its work and
results under this Agreement. CONSULTANT, when requested, shall furnish clarification and/or
explanation as may be required by the CITY's representative, regarding any services rendered
under this Agreement at no additional cost to CITY. In the event that an error or omission
attributable to CONSULTANT occurs, then CONSULTANT shall, at no cost to CITY, provide
all other CONSULTANT professional services necessary to rectify and correct the matter to the
sole satisfaction of CITY and to participate in any meeting required with regard to the correction.
5.10. Prohibited Employment. CONSULTANT shall not employ any current employee
of CITY to perform the work under this Agreement while this Agreement is in effect.
5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
5.13. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
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accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
5.14. Amendments. Only a writing executed by all of the parties hereto or their
respective successors and assigns may amend this Agreement.
5.15. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
5.16. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance, and the remaining provisions of this Agreement
shall remain in full force and effect.
5.17. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
5.18. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so, the parties hereto are formally bound to the provisions of this
Agreement.
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Packet Pg. 723 Attachment: CED.Willdan PSA Org Reso. Attachment 3 (6929 : Resolution Approving Seventh Amendment to PSA with Willdan Engineering (All
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO, WILLDAN,
A Municipal Corporation CONSULTANT
Allen Parker, City Manager Signature
Name and Title
ATTEST:
Georgeann Hanna, City Clerk
APPROVED AS TO FORM:
Gary D. Saenz,
City Attorney
By: w r.,3L-.
A
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2014-327
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 2nd day of September , 2014
Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"),
and CSG Consultants, Inc. ("CONSULTANT").
WITNESSETH :
A. WHEREAS, CITY proposes to have CONSULTANT perform the services
described herein below; and
B. WHEREAS, CONSULTANT represents that it has that degree of specialized
expertise contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, CITY and CONSULTANT desire to contract for plan review,
inspection, stormwater management, fire and life safety plan review, and counter services; and
D. WHEREAS, no official or employee of CITY has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall
provide plan review, inspection, stormwater management, fire and life safety plan review,
building official, and counter services described in RFP F-14-41 and the Scope of Services
attached hereto as Exhibit "1" and incorporated herein by this reference. If a conflict arises
between the Scope of Services and this Professional Services Agreement (hereinafter
Agreement"), the terms of the Agreement shall govern.
1.2. Professional Practices. All professional services to be provided by
CONSULTANT pursuant to this Agreement shall be provided by skilled personnel and in a
manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. CONSULTANT also warrants that it is familiar with all laws that may
affect its performance of this Agreement and shall advise CITY of any changes in any laws that
may affect CONSULTANT's performance of this Agreement. CONSULTANT further represents
that no CITY employee will provide any services under this Agreement.
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1.3. Warranty. CONSULTANT warrants that it shall perform the services required by
this Agreement in compliance with all applicable Federal and California employment laws
including, but not limited to, those laws related to minimum hours and wages; occupational
health and safety; fair employment and employment practices; workers' compensation insurance
and safety in employment; and all other Federal, State and local laws and ordinances applicable
to the services required under this Agreement. CONSULTANT shall indemnify and hold
harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and
judgments of every nature and description including reasonable attorneys' fees and costs,
presented, brought, or recovered against CITY for, or on account of any liability under any of the
above-mentioned laws, arising from or related to CONSULTANT'S performance under this
Agreement.
1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not
engage in, nor permit its officers, employees or agents to engage in, discrimination in
employment of persons because of their race, religion, color, national origin, ancestry, age,
mental or physical disability, medical condition, marital status, sexual gender or sexual
orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of
this provision may result in the imposition of penalties referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter
into agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may
employ other personnel to perform services contemplated by this Agreement at
CONSULTANT's sole cost and expense.
1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANT shall at
all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept
payment from or employment with any person or entity which will constitute a conflict of
interest with the CITY.
1.8 CITY Business Certificate. CONSULTANT shall obtain and maintain during the
term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the
City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required of CONSULTANT to
practice its profession, skill or business.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, CONSULTANT shall be paid
for such services in accordance with the specifications contained in RFP F-14-41 and the
CONSULTANT's Cost/Price Form contained in Exhibit "1".
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2.2. Additional Services. CONSULTANT shall not receive compensation for any
services provided outside the Scope of Services unless the CITY, prior to CONSULTANT
performing the additional services, approves such additional services in writing. It is specifically
understood that oral requests and/or approvals of such additional services or additional
compensation shall be barred and are unenforceable.
2.3. Method of Billing. CONSULTANT may submit invoices to CITY for approval.
Said invoice shall be based on the total of all CONSULTANT's services which have been
completed to CITY's sole satisfaction. CITY shall pay CONSULTANT's invoice within forty-
five (45) days from the date CITY receives said invoice. The invoice shall describe in detail, the
services performed and the associated time for completion. Any additional services approved and
performed pursuant to this Agreement shall be designated as "Additional Services" and shall
identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of CONSULTANT's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting principles
and shall be made available to CITY for inspection and/or audit at mutually convenient times for
a period of three (3) years from the Effective Date.
3.0. TERM AND NOTIFICATION.
3.1. Term. This Agreement shall commence on the Effective Date and continue
through September 30, 2017, unless the Agreement is previously terminated as provided for
herein. There may be two (2) one-year extensions upon mutual agreement of the parties not to
exceed maximum compensation stated in Section 2.1.
3.2 Termination. CITY or CONSULTANT may terminate this Agreement for any
reason upon thirty (30) days written notice to the other party. In the event of termination,
CONSULTANT shall be paid the reasonable value of services rendered to the date of
termination.
3.3 Documents. In the event of termination of this Agreement, all documents
prepared by CONSULTANT in its performance of this Agreement shall be delivered to the
CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to
CITY. Any use of uncompleted documents without specific written authorization from
CONSULTANT shall be at CITY's sole risk and without liability or legal expense to
CONSULTANT.
4.0. INSURANCE
4.1. Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and
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Packet Pg. 727 Attachment: CED.Willdan PSA Org Reso. Attachment 3 (6929 : Resolution Approving Seventh Amendment to PSA with Willdan Engineering (All
maintain during the term of this Agreement all of the following insurance coverages:
a) Commercial general liability, including premises-operations, products/completed
operations, broad form property damage, blanket contractual liability,
independent contractors, personal injury with a policy limit of not less than One
Million Dollars ($1,000,000.00), combined single limits, per occurrence and
aggregate.
b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a
policy limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
c) Workers' compensation insurance as required by the State of California.
4.2. Endorsements. The commercial general liability insurance policy shall contain or
be endorsed to contain the following provisions:
a) Additional insureds: "The City of San Bernardino and its elected and appointed
boards, officers, agents, and employees are additional insureds with respect to
CONSULTANT'S performance under this contract."
b) Notice: "Said policy shall not terminate, nor shall it be materially changed or
cancelled, nor the coverage reduced, until thirty (30) days after written notice is
given to CITY."
c) Other insurance: "Any other insurance maintained by the City of San Bernardino
shall be excess and not contributing with the insurance provided by this policy."
4.3. Certificates of Insurance. CONSULTANT shall provide to CITY certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by CITY, prior to performing any services under this Agreement.
4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which
CONSULTANT may be held responsible for payments of damages to persons or property.
5.0. GENERAL PROVISIONS
5.1. Entire Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
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5.2. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed
served or delivered: a) at the time of delivery if such communication is sent by personal delivery;
b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after
deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent
through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
CSG Consultants, Inc. City Manager
801 Park Center Drive, Suite 230 300 North"D" Street
Santa Ana, CA 92705 San Bernardino, CA 92418
Telephone: (714) 568-1010 Telephone: (909) 384-5122
Facsimile: (714) 568-1020 Facsimile: (909) 384-5138
5.3. Attorneys' Fees. In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and
members of his office in enforcing this contract on behalf of the CITY shall be considered as
attorneys' fees" for the purposes of this Agreement.
5.4. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San
Bernardino County, California.
5.5. Assignment. CONSULTANT shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of CONSULTANT's interest in this Agreement
without CITY's prior written consent. Any attempted assignment, transfer, subletting or
encumbrance shall be void and shall constitute a breach of this Agreement and cause for
termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall
release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be
performed by CONSULTANT hereunder for the term of this Agreement.
5.6. Indemnification and Hold Harmless. CONSULTANT shall protect, defend,
indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions,
officers, attorneys, agents and employees from any and all claims, losses, demands, suits,
administrative actions, penalties, liabilities and expenses, including reasonable attorney fees,
damage to property or injuries to or death of any person or persons or damages of any nature
including, but not limited to, all civil claims or workers' compensation claims arising from or in
any way related to CONSULTANT's performance under this Agreement, except when caused
solely by the CITY's negligence.
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5.7. Independent Contractor. CONSULTANT, at all times while performing under
this Agreement, is and shall be acting at all times as an independent contractor and not as an
agent or employee of CITY. CONSULTANT shall secure, at its expense, and be responsible for
any and all payment of wages, benefits and taxes including, but not limited to, Income Tax,
Social Security, State Disability Insurance Compensation, Unemployment Compensation, and
other payroll deductions for CONSULTANT and its officers, agents, and employees, and all
business licenses, if any are required, in connection with the services to be performed hereunder.
Neither CONSULTANT nor its officers, agents and employees shall be entitled to receive any
benefits which employees of CITY are entitled to receive and shall not be entitled to workers'
compensation insurance, unemployment compensation, medical insurance, life insurance, paid
vacations, paid holidays, pension, profit sharing or social security on account of CONSULTANT
and its officers', agents' and employees' work for the CITY. This Agreement does not create the
relationship of agent, servant, employee partnership or joint venture between the CITY and
CONSULTANT.
5.8 Conflict of Interest Disclosure. CONSULTANT or its employees may be subject
to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires
such persons to disclose financial interests that may be materially affected by the work
performed under this Agreement, and (2) prohibits such persons from making or participating in
making decisions that will have a foreseeable financial effect on such interest.
CONSULTANT shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for termination of the Agreement by CITY.
5.9. Responsibility for Errors. CONSULTANT shall be responsible for its work and
results under this Agreement. CONSULTANT, when requested, shall furnish clarification and/or
explanation as may be required by the CITY's representative, regarding any services rendered
under this Agreement at no additional cost to CITY. In the event that an error or omission
attributable to CONSULTANT occurs, then CONSULTANT shall, at no cost to CITY, provide
all other CONSULTANT professional services necessary to rectify and correct the matter to the
sole satisfaction of CITY and to participate in any meeting required with regard to the correction.
5.10. Prohibited Employment. CONSULTANT shall not employ any current employee
of CITY to perform the work under this Agreement while this Agreement is in effect.
5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
5.13. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
6
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accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
5.14. Amendments. Only a writing executed by all of the parties hereto or their
respective successors and assigns may amend this Agreement.
5.15. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
5.16. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance, and the remaining provisions of this Agreement
shall remain in full force and effect.
5.17. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
5.18. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so, the parties hereto are formally bound to the provisions of this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO, CSG Consultants, Inc.
A Municipal Corporation CONSULTANT
Allen Parker, City Manager Signature
Name and Title
ATTEST:
Georgeann Hanna, City Clerk
APPROVED AS TO FORM:
Gary D. Saenz,
City Attorney
By: i./_ r AA _
8
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2014-327
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 2nd day of September , 2014
Effective Date"), by and between the CITY OF SAN 13ERNAR5INO, a charter city ("CITY"),
and CSG Consultants, Inc. ("CONSULTANT").
WITNESSETH :
A. WHEREAS, CITY proposes to have CONSULTANT perform the services
described herein below; and
B. WHEREAS, CONSULTANT represents that it has that degree of specialized
expertise contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, CITY and CONSULTANT desire to contract for plan review,
inspection, stormwater management, fire and life safety plan review, and counter services; and
D. WHEREAS, no official or employee of CITY has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall
provide plan review, inspection, stormwater management, fire and life safety plan review,
building official, and counter services described in RFP F-14-41 and the Scope of Services
attached hereto as Exhibit "1" and incorporated herein by this reference. If a conflict arises
between the Scope of Services and this Professional Services Agreement (hereinafter
Agreement"), the terms of the Agreement shall govern.
1.2. Professional Practices. All professional services to be provided by
CONSULTANT pursuant to this Agreement shall be provided by skilled personnel and in a
manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. CONSULTANT also warrants that it is familiar with all laws that may
affect its performance of this Agreement and shall advise CITY of any changes in any laws that
may affect CONSULTANT's performance of this Agreement. CONSULTANT further represents
that no CITY employee will provide any services under this Agreement.
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1.3. Warranty. CONSULTANT warrants that it shall perform the services required by
this Agreement in compliance with all applicable Federal and California employment laws
including, but not limited to, those laws related to minimum hours and wages; occupationalhealthandsafety; fair employment and employment practices; workers' compensation insurance
and safety in employment; and all other Federal, State and local laws and ordinances applicable
to the services required under this Agreement. CONSULTANT shall indemnify and hold
harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and
judgments of every nature and description including reasonable attorneys' fees and costs,
presented, brought, or recovered against CITY for, or on account of any liability under any of the
above-mentioned laws, arising from or related to CONSULTANT's performance under this
Agreement.
1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not
engage in, nor permit its officers, employees or agents to engage in, discrimination in
employment of persons because of their race, religion, color, national origin, ancestry, age,
mental or physical disability, medical condition, marital status, sexual gender or sexual
orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of
this provision may result in the imposition of penalties referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter
into agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assiam-nent. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may
employ other personnel to perform services contemplated by this Agreement at
CONSULTANT's sole cost and expense.
1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANT shall at
all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept
payment from or employment with any person or entity which will constitute a conflict of
interest with the CITY.
1.8 CITY Business Certificate. CONSULTANT shall obtain and maintain during the
term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the
City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications,insurance and approvals of whatever nature that are legally required of CONSULTANT to
practice its profession, skill or business.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, CONSULTANT shall be paid
for such services in accordance with the specifications contained in RFP F-14-41 and the
CONSULTANT's Cost/Price Form contained in Exhibit "l".
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2.2. Additional Services. CONSULTANT shall not receive compensation
CONSULTANTservicesprovidedoutsidetheScopeofServicesunlesstheCITY, prior
performing the additional services, approves such additional services in writing. It is specifically
understood that oral requests and/or approvals of such additional services or additional
compensation shall be barred and are unenforceable.
2.3. Method of Billing. CONSULTANT may submit invoices to CITY for approval.
Said invoice shall be based on the total of all CONSULTANT's services which have been
completed to CITY's sole satisfaction. CITY shall pay CONSULTANT's invoice within forty-
five (45) days from the date CITY receives said invoice. The invoice shall describe in detail, the
services performed and the associated time for completion. Any additional services approved and
performed pursuant to this Agreement shall be designated as "Additional Services" and shall
identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of CONSULTANT's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting principles
and shall be made available to CITY for inspection and/or audit at mutually convenient times for
a period of three (3) years from the Effective Date.
3.0. TERM AND NOTIFICATION.
3.1. Term. This Agreement shall commence on the Effective Date and continue
through September 30, 2017, unless the Agreement is previously terminated as provided for
herein. There may be two (2) one-year extensions upon mutual agreement of the parties not to
exceed maximum compensation stated in Section 2.1.
3.2 Termination. CITY or CONSULTANT may terminate this Agreement for any
reason upon thirty (30) days written notice to the other party. In the event of termination,
CONSULTANT shall be paid the reasonable value of services rendered to the date of
termination.
3.3 Documents. In the event of termination of this Agreement, all documents
prepared by CONSULTANT in its performance of this Agreement shall be delivered to the
CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to
CITY. Any use of uncompleted documents without specific written authorization from
CONSULTANT shall be at CITY's sole risk and without liability or legal expense to
CONSULTANT.
4.0. INSURANCE
4.1. Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and
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maintain during the term of this Agreement all of the following insurance coverages:
a) Commercial general liability, including premises-operations, products/completed
operations, broad form property damage, blanket contractual liability,
independent contractors, personal injury with a policy limit of not less than One
Million Dollars ($1,000,000.00), combined single limits, per occurrence and
aggregate.
b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a
policy limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
c) Workers' compensation insurance as required by the State of California.
4.2. Endorsements. The commercial general liability insurance policy shall contain or
be endorsed to contain the following provisions:
a) Additional insureds: "The City of San Bernardino and its elected and appointed
boards, officers, agents, and employees are additional insureds with respect to
CONSULTANT'S performance under this contract."
b) Notice: "Said policy shall not terminate, nor shall it be materially changed or
cancelled, nor the coverage reduced, until thirty (30) days after written notice is
given to CITY."
c) Other insurance: "Any other insurance maintained by the City of San Bernardino
shall be excess and not contributing with the insurance provided by this policy."
4.3. Certificates of Insurance. CONSULTANT shall provide to CITY certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by CITY, prior to performing any services under this Agreement.
4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which
CONSULTANT may be held responsible for payments of damages to persons or property.
5.0. GENERAL PROVISIONS
5.1. Entire Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
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5.2. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed
served or delivered: a) at the time of delivery if such communication is sent by personal delivery;
b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours afterdepositintheU.S. Mail as reflected by the official U.S. postmark if such communication is sent
through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
CSG Consultants, Inc. City Manager
801 Park Center Drive, Suite 230 300 North"D" Street
Santa Ana, CA 92705 San Bernardino, CA 92418
Telephone: (714) 568-1010 Telephone: (909) 384-5122
Facsimile: (714) 568-1020 Facsimile: (909) 384-5138
5.3. Attorneys' Fees. In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and
members of his office in enforcing this contract on behalf of the CITY shall be considered as
attorneys' fees" for the purposes of this Agreement.
5.4. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San
Bernardino County, California.
5.5. Assignment. CONSULTANT shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of CONSULTANT's interest in this Agreement
without CITY's prior written consent. Any attempted assignment, transfer, subletting or
encumbrance shall be void and shall constitute a breach of this Agreement and cause for
termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall
release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be
performed by CONSULTANT hereunder for the term of this Agreement.
5.6. Indemnification and Hold Harmless. CONSULTANT shall protect, defend,
indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions,
officers, attorneys, agents and employees from any and all claims, losses, demands, suits,
administrative actions, penalties, liabilities and expenses, including reasonable attorney fees,
damage to property or injuries to or death of any person or persons or damages of any nature
including, but not limited to, all civil claims or workers' compensation claims arising from or in
any way related to CONSULTANT's performance under this Agreement, except when caused
solely by the CITY's negligence.
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5.7. Independent Contractor. CONSULTANT, at all times while performing under
this Agreement, is and shall be acting at all times as an independent contractor and not as anagentoremployeeofCITY. CONSULTANT shall secure, at its expense, and be responsible for
any and all payment of wages, benefits and taxes including, but not limited to, Income Tax,Social Security, State Disability Insurance Compensation, Unemployment Compensation, and
other payroll deductions for CONSULTANT and its officers, agents, and employees, and all
business licenses, if any are required, in connection with the services to be performed hereunder.
Neither CONSULTANT nor its officers, agents and employees shall be entitled to receive any
benefits which employees of CITY are entitled to receive and shall not be entitled to workers'
compensation insurance, unemployment compensation, medical insurance, life insurance, paid
vacations, paid holidays, pension, profit sharing or social security on account of CONSULTANT
and its officers', agents' and employees' work for the CITY. This Agreement does not create the
relationship of agent, servant, employee partnership or joint venture between the CITY and
CONSULTANT.
5.8 Conflict of Interest Disclosure. CONSULTANT or its employees may be subject
to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires
such persons to disclose financial interests that may be materially affected by the workperformedunderthisAgreement, and (2) prohibits such persons from making or participating in
making decisions that will have a foreseeable financial effect on such interest.
CONSULTANT shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for termination of the Agreement by CITY.
5.9. Responsibility for Errors. CONSULTANT shall be responsible for its work and
results under this Agreement. CONSULTANT, when requested, shall furnish clarification and/or
explanation as may be required by the CITY's representative, regarding any services rendered
under this Agreement at no additional cost to CITY. In the event that an error or omission
attributable to CONSULTANT occurs, then CONSULTANT shall, at no cost to CITY, provide
all other CONSULTANT professional services necessary to rectify and correct the matter to the
sole satisfaction of CITY and to participate in any meeting required with regard to the correction.
5.10. Prohibited Employment. CONSULTANT shall not employ any current employee
of CITY to perform the work under this Agreement while this Agreement is in effect.
5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
5.13. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
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accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
5.14. Amendments. Only a writing executed by all of the parties hereto or their
respective successors and assigns may amend this Agreement.
5.15. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
5.16. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance, and the remaining provisions of this Agreement
shall remain in full force and effect.
5.17. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
5.18. Cor2orate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so, the parties hereto are formally bound to the provisions of this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO, CSG Consultants, Inc.
A Municipal Corporation
CONSULTANT
Allen er, City Manager Signature
1' lJ-\O 1 Mvottcx V P
Name and Title
ATTEST:
Georgea anna, City rk
APPROVED AS TO FORM:
Gary D. Saenz,
City Attorney
By.
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Kris Jensen, Director of Public Works
Subject: Final Reading and Adoption of Ordinance MC-1543 (Ward 2)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading and adopt Ordinance MC-1543 amending Ordinance
MC-1522 and levying special taxes to be collected during Fiscal Year 2020/21 to pay
the annual cost of the maintenance and servicing of landscaping, lighting, water quality
improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve
fund for capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services).
Background
On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019 -81, a
Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was
set for July 17, 2019 for the issue of establishment of the community facilities district.
On August 7, 2019, the Mayor and City Council adopted Ordinance MC-1522 levying
special taxes to be collected during FY 2019/20 to pay annual costs of maintenance,
service expenses with respect to Community Facilities District No. 2019-1.
On August 5, 2020, the Mayor and City Council adopted Resolution No. 2020 -186, a
Resolution of Intention to annex property near the southwest intersection of Gilbert
Street and Windsor Drive (Attachment 2) into CFD No. 2019-1 as Annexation No. 6.
On September 16, 2020, the Mayor and City Council adopted Resolution No. 2020-223
amending Community Facilities District No. 2019-1 (Maintenance Services) (Annexation
No. 6) and held a special landowner election and canvassed the election. The Mayor
and City Council then adopted Resolution No. 2020-224 declaring the results of the
special landowner election and introduced Ordinance MC -1543 amending Ordinance
MC-1522 and levying special taxes for Fiscal Year 2020/21, for first reading by title only
and schedule for second reading and adoption on October 7, 2020.
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Page 2
Discussion
On September 16, 2020, Ordinance MC-1543 was introduced for first reading to the
Mayor and City Council. The Ordinance is now being returned t o the Mayor and City
Council for the final reading and adoption. The Ordinance will become effective 30 days
from the date of adoption.
2020-2025 Key Strategic Targets and Goals
Formation of this CFD is consistent with Key Target No. 4a: Secure a long-term revenue
source. Funding from district assessments will create sustainable financial support for
ongoing maintenance of landscape and infrastructure associated with the district
location.
Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All costs
associated with annexing property into the District have been borne by the Property
Owner. By annexing the subject property into the District, the costs of maintaining
improvements located within the development will be financed through special taxes
levied on the parcels within CFD 2019-1 and not through the City’s General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading and adopt Ordinance MC-1543 amending Ordinance
MC-1522 and levying special taxes to be collected during Fiscal Year 2020/21 to pay
the annual cost of the maintenance and servicing of landscaping, lighting, water quality
improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve
fund for capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services).
Attachments
Attachment 1 Ordinance MC-1543 (Ordinance Levying Special Taxes); Exhibit A -
Description of Services; Exhibit B - Description of Territory
Attachment 2 Project Location Map
Ward: 2
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District
No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of
1982.”
July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178
establishing Community Facilities District No. 2019-1;
Resolution No. 2019-179 declaring election results for
Community Facilities District No. 2019-1; and conducted the
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6922
Page 3
first reading of Ordinance MC-1522 levying special taxes to
be collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.
August 7, 2019 Mayor and City Council conducted the final reading of
Ordinance MC-1522 levying special taxes to be collected
during FY 2019-20 to pay annual costs of maintenance,
services and expenses with respect to Community Facilities
District No. 2019-1.
August 5, 2020 Mayor and City Council adopted Resolution No. 2020 -186, a
Resolution of Intention to annex territory into Community
Facilities District No. 2019-1 (Maintenance Services) of the
City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community
Facilities Act of 1982.”
September 16, 2020 Mayor and City Council adopted Resolution No. 2020-223
calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to
be annexed to Community Facilities District No. 2019 -1
(Annexation No. 6), and adopted Resolution No. 2020 -224
declaring election results for Community Facilities District
No. 2019-1 (Annexation No. 6); and introduced Ordinance
No. MC-1543 amending Ordinance MC-1522.
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Ordinance MC-1543
1
ORDINANCE NO. MC-1543
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING
SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2020-2021 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, WATER QUALITY IMPROVEMENTS,
GRAFFITI, STREETS, STREET SWEEPING, PARKS AND
TRAIL MAINTENANCE, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE
EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a
community facilities district to be known as "City of San Bernardino Community Facilities
District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the
"Community Facilities District"), is proposed to be established under the provisions of Chapter
2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California
Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982"
(the "Act"), and fixing the time and place for a public hearing on the formation of the
Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required b y law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on September 16, 2020, at the time and place specified in said published
and mailed notice, the City Council opened and held a public hearing as required by law relative
to the formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters
pertaining to the formation of the Community Facilities District, the levy of the special taxes and
the provision of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of
Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities
District" (the "Resolution of Formation") which resolution established the Community Facilities
District, authorized the levy of a special tax within the District, and called an election within the
15.a
Packet Pg. 744 Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ordinance (6922 : Final Reading and Adoption of Ordinance MC-1543 (Ward 2))
Ordinance MC-1543
2
District on the proposition of levying a special tax, and establishing an appropriations limit
within the District; and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Findings. It is necessary that the City Council of the City of San
Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide
and finance the costs of certain types of services, and related costs within the Community
Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water
quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund
for capital replacement, and (iii) administrative expenses, all as more completely described in
Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for
the Fiscal Year 2020-2021, and each Fiscal Year thereafter, on all parcels of real property within
the District which are subject to taxation, which are identified in Exhibit "B" attached hereto.
Pursuant to said Section 53340, such special taxes shall be collected in the same manner as
ordinary ad valorem property taxes are collected and shall be subject to the same penalties and
the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem
taxes.
SECTION 3. Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4. Authorization to Publish Ordinance. City Clerk of the City of San
Bernardino shall certify to the adoption of this Ordinance 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.
SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days
after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of _______, 2020.
John Valdivia, Mayor
City of San Bernardino
15.a
Packet Pg. 745 Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ordinance (6922 : Final Reading and Adoption of Ordinance MC-1543 (Ward 2))
Ordinance MC-1543
3
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
15.a
Packet Pg. 746 Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ordinance (6922 : Final Reading and Adoption of Ordinance MC-1543 (Ward 2))
Ordinance MC-1543
4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-____, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the ____ day of ______, 2020. Ordinance No. MC-____
was approved, passed and adopted at a regular meeting held 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, City Clerk
15.a
Packet Pg. 747 Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ordinance (6922 : Final Reading and Adoption of Ordinance MC-1543 (Ward 2))
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
15.b
Packet Pg. 748 Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex A Desc. of Services (6922 : Final Reading and Adoption of Ordinance MC-1543 (Ward 2))
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2020-21
(Effective as of October 7, 2020)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43
Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
and 0261-062-11 thru -14
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC 0261-181-16, -17
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-01
15.c
Packet Pg. 749 Attachment: PW CFD 2019-1 Annex 6 - Att 1. Ex B Desc. of Territory (6922 : Final Reading and Adoption of Ordinance MC-1543 (Ward 2))
PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 7 15.dPacket Pg. 750Attachment: PW CFD 2019-1 Annex 6 - Att 2. Project Map (6922 : Final Reading and Adoption of Ordinance
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Kris Jensen, Director of Public Works
Subject: First Amendment to Cooperative Agreement W/Highland and
County of San Bernardino (Wards 1, 2, 5, 7)
Recommendation
Adopt Resolution No. 2020-245 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute the First Amendment to
Cooperative Agreement with the City of Highland and San Bernardino County for Grant
Application to the Active Transportation Cycle 5 Grant Program ("First Amendment"),
and authorizing the Director of Finance to record a budget adjustment in th e amount of
$11,408 in Local Regional Circulation Development Impact Fee Fund No. 263.
Background
On June 17, 2020, the Mayor and City Council adopted Resolution 2020 -113 approving
a Cooperative Agreement (“Agreement”) with the City of Highland and the C ounty of
San Bernardino for Grant Application to the Active Transportation Cycle 5 Grant
Program. The Agreement establishes the roles, responsibilities and cost sharing
commitments between the three agencies. Initial grant application preparation work
costs were estimated in the amount of $50,000.
If awarded, the ATP Cycle 5 Grant Program will provide project funding for the
Highland/San Bernardino Bi-City Bikeway and Walkway Connector Project (“Project”).
The Project includes design and construction of approximately 13 miles of active
transportation improvements spanning the through areas in the cities of Highland, San
Bernardino and the County of San Bernardino. The Project will connect Highland’s
Town Center and Historic District and California State Un iversity at San Bernardino, and
will improve parking in Highland’s Historic District. Improvements within the City of San
Bernardino will generally include pavement rehabilitation and installation of bikeway,
sidewalk, and pedestrian improvements.
Discussion
The Agreement was originally approved with an anticipated total cost for preparation of
the grant application estimated in the amount of $50,000, of which the City’s funding
commitment share is 46%, or $23,000. Subsequent to the Agreement approval, and
following further review of the application needs, the total cost estimated for grant
application preparation was increased to $68,000, bringing the City's 46% cost share
16
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amount to $31,280. This increase is due to the need to prepare additional traffic
engineering reports for the project, as well as, to support costs of extra coordination
efforts that will be required with all participating partners.
The proposed First Amendment updates the Agreement to reflect the City’s revised total
cost share in the amount of $31,280. It also acknowledges the potential for additional
administrative costs related to Project scope of work changes. In the event these costs
are incurred, they are not to exceed 10 percent of the overall $68,000 grant application
work estimate.
Including the potential additional administrative costs, the City’s total funding
commitment to support the grant application process has increased from $23,000 to
$34,408. This results in an additional funding need of $11,408 as represented in the
table below:
Cost Item Amount
Revised City Funding Commitment $ 31,280
10% Administrative Cost Share City $ 3,128
Funding Previously Approved ($ 23,000)
Additional Funding Required $ 11,408
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1d: Minimize risk and litigation exposure.
This project will contribute to enhanced traffic and pedestrian travel flow and will reduce
risks associated with roadway congestion within the project area.
Fiscal Impact
No General Fund impact. Additional funding in the amount of $11,408 is available in
Local Regional Circulation Development Impact Fee (DIF) Fund No. 263 Fund Balance
for appropriation to the Highland/San Bernardino Bi-City Bikeway and Walkway
Connector Project (Fund No. 263-160-8752-5502).
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-245, authorizing the City Manager to execute the
First Amendment to Cooperative Agreement with the City of Highland and San
Bernardino County for Grant Application to the Active Transportation Cycle 5 Grant
Program ("First Amendment"), and authorizing the Director of Finance to record a
budget adjustment in the amount of $11,408 in Local Regional Circulation Development
Impact Fee Fund No. 263.
Attachments
Attachment 1 Resolution 2020-245; Exhibit A - First Amendment to Cooperative
Agreement
Attachment 2 Cooperative Agreement
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Wards: 1, 2, 4, 5, 7
Synopsis of Previous Council Actions:
June 17, 2020 The Mayor and City Council approved Resolution 2021-113
approving a Cooperative Agreement with the City of Highland and
County of San Bernardino.
16
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RESOLUTION NO. 2020-245
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE FIRST AMENDMENT TO COOPERATIVE
AGREEMENT WITH THE CITY OF HIGHLAND AND SAN
BERNARDINO COUNTY FOR GRANT APPLICATION TO
THE ACTIVE TRANSPORTATION CYCLE 5 GRANT
PROGRAM ("FIRST AMENDMENT"), AND
AUTHORIZING THE DIRECTOR OF FINANCE TO
RECORD A BUDGET ADJUSTMENT IN THE AMOUNT
OF $11,408 IN LOCAL REGIONAL CIRCULATION
DEVELOPMENT IMPACT FEE FUND NO. 263.
WHEREAS, the City of Highland, the City of San Bernardino and the County of San
Bernardino (“Parties”) wish to work cooperatively in the preparation of a grant application to
secure funding from the Cycle 5 Active Transportation Program (ATP) for development and
construction of a bikeway and walkway facilities project entitled Highland/San Bernardino Bi-
City Bikeway and Walkway Connector (Project), and
WHEREAS on June 17, 2020, City Council adopted Resolution No. 2020-113,
approving a Cooperative Agreement between City of Highland, the City of San Bernardino and
the County of San Bernardino (“Parties”) in support of the ATP application, and
WHEREAS, subsequent to the Agreement approval, estimated costs for the grant
application work were evaluated and revised, resulting in an increase to each Parties funding
commitment, and
WHEREAS, the Parties now wish to amend the Agreement to reflect the revised funding
commitments of each Party.
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. The City Manager is hereby authorized to execute, on behalf of the City,
First Amendment to Cooperative Agreement with the City of Highland and San Bernardino
County, incorporated and attached herein as Exhibit “A”.
SECTION 3. The Director of Finance is hereby authorized to record a budget
adjustment in the amount of $11,408 from Local Regional Circulation Fund (Fund 263) for the
City of San Bernardino’s additional share of the preparation of an ATP Cycle 5 application.
16.a
Packet Pg. 754 Attachment: PW. City of Highland and County of San Bernardino CO-OP Agreement - Attachement 1- Resolution [Revision 2] (6919 : First
Resolution No. 2020-245
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. 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 6. 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 ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
16.a
Packet Pg. 755 Attachment: PW. City of Highland and County of San Bernardino CO-OP Agreement - Attachement 1- Resolution [Revision 2] (6919 : First
Resolution No. 2020-245
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, 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, City Clerk
16.a
Packet Pg. 756 Attachment: PW. City of Highland and County of San Bernardino CO-OP Agreement - Attachement 1- Resolution [Revision 2] (6919 : First
Page 1 of 2
FIRST AMENDMENT
TO AGREEMENT BETWEEN CITY OF HIGHLAND, CITY OF SAN BERNARDINO,
AND COUNTY OF SAN BERNARDINO FOR GRANT APPLICATION TO THE ACTIVE
TRANSPORTATION CYCLE 5 GRANT PROGRAM
This Amendment No. 1 to the Agreement Between the City of Highland, City of San
Bernardino and County of San Bernardino for Grant Application to the Active
Transportation Cycle 5 Grant Program (the “Agreement”) is made and entered into as of
this 17th day of June, 2020 between the City of Highland (Highland), City of San
Bernardino (San Bernardino) and County of San Bernardino (County). This Amendment
No. 1 may be signed in counterparts, which together shall constitute approval between
the parties.
The Agreement was entered into on June 17th, 2020. Section 3 of the Agreement is
hereby amended in its entirety to read as follows:
Section 3 Funding - Each Party hereby commits to provide funding as set forth
below:
a) City of Highland $30,600
b) City of San Bernardino $31,280
c) County of San Bernardino $6,120
Total $68,000
The PARTIES acknowledge that final Grant Application costs may ultimately
exceed the current estimate of costs. Any additional administrative cost resulting
from Project scope of work changes shall not exceed 10% of the estimate herein,
and be borne by each Party in proportion to where the work actually lies (based on
jurisdiction).
SAN BERNARDINO AND COUNTY will pay its proportional share of actual time-
and-material of administrative costs within written consent of each Party signed is
denied.
Except as expressly modified above, the terms of the Agreement shall control the
respective rights and obligations of the parties hereto.
In Witness Whereof, the parties have signed this Amendment No. 1 as of the day and
year written below.
16.b
Packet Pg. 757 Attachment: PW. City of Highland and County of San Bernardino CO-OP Agreement - Exhibit A - Fisrt Amendment [Revision 2] (6919 : First
Page 2 of 2
City of Highland
__________________________________________________________
Joseph Hughes, City Manager Date
City of San Bernardino
__________________________________________________________
Robert D. Field, City Manager Date
County of San Bernardino
__________________________________________________________
Curt Hagman, Chairman, Board of Supervisors Date
16.b
Packet Pg. 758 Attachment: PW. City of Highland and County of San Bernardino CO-OP Agreement - Exhibit A - Fisrt Amendment [Revision 2] (6919 : First
16.c
Packet Pg. 759 Attachment: PW. City of Highland and County of San Bernardino CO-OP Agreement - Attachement 2 - Executed Agreement (6919 : First
16.c
Packet Pg. 760 Attachment: PW. City of Highland and County of San Bernardino CO-OP Agreement - Attachement 2 - Executed Agreement (6919 : First
16.c
Packet Pg. 761 Attachment: PW. City of Highland and County of San Bernardino CO-OP Agreement - Attachement 2 - Executed Agreement (6919 : First
16.c
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16.c
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 7, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Kris Jensen, Director of Public Works
Subject: Resolution Approving Final Tract Map No. 20261 1622 E.
Victoria (Ward 3)
Recommendation
Adopt Resolution No. 2020-246 of the Mayor and City Council of the City of San
Bernardino, California, approving the Final Tract Map No. 20261 (Subdivision 19 -01)
involving the subdivision of two (2) parcels containing a total of approximately 1.09
acres into five (5) single-family residential lots. The project site is located at 1622 E.
Victoria Avenue within the Residential Urban (RU) Zone, accepting the public
dedications as set forth on said map; and authorizing execution of the standard form of
agreement for the subdivision improvements.
Background
On June 11, 2019, the Planning Commission approved Tract No. 20261 (Subdivision
19-01) proposing five (5) single family residential lots with an average lot size of 9,295
square feet and Development Permit Type -P to allow the development of five (5) single
family dwelling units containing approximately 1,726 square feet each with an attached
garage containing approximately 523 feet.
Discussion
The proposed project consists of subdividing two parcels containing a total of
approximately 1.09 acres into five (5) single -family residential lots. The proposed
residential lots within the tract map average 9,295 square feet.
Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of
San Bernardino Development Code and the Subdivision Map Act, the applicant has
submitted a Final Map for Mayor and City Council action and final acceptance. The City
Engineer has reviewed the proposed Final Map for Tract No.20261 and determined that
the Final Map is in compliance with the Subdivision Map Act, the City’s ordinances
regarding subdivisions, and with all conditions of approval.
The Planning Commission reviewed and considered the information contained in the
administrative record for Subdivision 19-01 (Tentative Tract Map 20261) and
Development Permit-P 19-01. Based upon the facts and information contained in the
administrative record, including all written and oral evide nce presented to the Planning
17
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Commission, on June 11, 2019 the Planning Commission found:
The administrative record has been completed in compliance with CEQA, the
State CEQA Guidelines, and the City’s Local CEQA Guidelines, and
The proposed project is categorically exempt from the requirements of the
California Environmental Quality Act pursuant to Section 15332 (Class 32: In -Fill
Development Projects) of the CEQA Guidelines, and
The application of the categorical exemption is not barred by one of the
exceptions set forth in the CEQA Guidelines Section 15300.2, and
The determination of CEQA exemption reflected the independent judgment of the
Planning Commission.
2020-2025 Key Strategic Targets and Goals
The adoption of a Resolution approving the Final Map for Tract No. 20261 aligns with
Goal No. 1 Financial Stability. Specifically, the transformation of existing vacant
underutilized properties into productive single -family residential lots for the purpose of
developing single-family residential homes meets the City’s economic development
goals.
Fiscal Impact
There will be no fiscal impact. All public infrastructure improvements required for this
subdivision will be constructed by the developer at its sole cost. City services will be
provided to this project similar to other residential projects in the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-246, approving the Final Tract Map No. 20261
(Subdivision 19-01) involving the subdivision of two (2) parcels containing a total of
approximately 1.09 acres into five (5) single -family residential lots. The project site is
located at 1622 E. Victoria Avenue within the Residential Urban (RU) Zone, accepting
the public dedications as set forth on said map; and authorizing execution of the
standard form of agreement for the subdivision improvements.
Attachments
Attachment 1 Resolution 2020-246; Exhibit A - Subdivision Improvement
Agreement
Attachment 2 Project Bonds
Attachment 3 Final Map for Tract No.20261
Ward: 3
Synopsis of Previous Council Actions: N/A
17
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RESOLUTION NO. 2020-246
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING FINAL MAP FOR TRACT NO. 20261
(SUBDIVISION 19-01) INVOLVING THE SUBDIVISION OF
TWO (2) PARCELS CONTAINING A TOTAL OF
APPROXIMATELY 1.09 ACRES INTO FIVE (5) SINGLE-
FAMILY RESIDENTIAL LOTS LOCATED AT 1622 E.
VICTORIA AVENUE WITHIN THE RESIDENTIAL
URBAN (RU) ZONE, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD
FORM OF AGREEMENT FOR THE SUBDIVISION
IMPROVEMENTS.
WHEREAS, on June 11, 2019 the Planning Commission approved Subdivision 19-01
for Tentative Tract Map 20261, and
WHEREAS, the City Engineer has reviewed the approved Tentative Tract Map 20261
with conditions of approval, and has analyzed the Final Map for Tract No. 20261 in order to
ensure consistency between the approved Tentative Tract Map 20261 with adopted conditions of
approval and the final map requirements, and has determined that the Final Map for Tract No.
20261 has been found to be in substantial conformance with the approved Tentative Tract Map
20261, and
WHEREAS, the Mayor and City Council find that proposed Tract Map No.20261,
located at 1622 E. Victoria Avenue in the Residential Urban (RU) Zone, together with the
provisions of their design and improvement is consistent with the General Plan of the City of San
Bernardino.
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. The City Manager of the City of San Bernardino is authorized to execute
the standard form Subdivision Improvement Agreement with Hispano Investors, Inc., attached
and incorporated herein as Exhibit A, for the improvements in said Tract Map as required by
Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The
time for performance is as specified in the Agreement. Said improvements are specifically
described and shown on Drawings approved and on file in the office of the Community
Development Department of the City of San Bernardino.
17.a
Packet Pg. 766 Attachment: PW.Final Tract Map 20261 - Attachment 1 - Resolution [Revision 2] (6920 : Resolution Approving Final Tract Map No. 20261 1622 E.
Resolution No. 2020-246
SECTION 3. In accordance with Section 15060 (Preliminary Review) of the California
Environmental Quality Act (CEQA), the City Engineer conducted an environmental evaluation
in connection with the Final Map for Tract No. 20261, and concluded that the Final Map for
Tract No. 20261 is found to be exempt under Section 15061(b)(1) (Statutory Exemptions) of
CEQA. Pursuant to Section 15268(b)(3) (Ministerial Projects) of CEQA, the approval of final
subdivision maps shall be presumed to be ministerial in the absence of any discretionary
provision contained in the local ordinance or other law establishing the requirements for the
permit, license, or other entitlement for use. The City Engineer has analyzed the Final Map for
Tract No. 20261 in order to ensure consistency between the approved tentative tract map with
adopted conditions of approval and the final map requirements, and has determined that the Final
Map for Tract No. 20261 has been found to be in substantial conformance with the approved
tentative tract map. Therefore, the City Engineer has determined the Final Map for Tract No
20261 is exempt pursuant to Section 15268(b)(3) of the CEQA guidelines.
SECTION 4. The Final Map of said Tract Map is hereby approved and the City of San
Bernardino hereby accepts as public property all dedications within the subdivision as shown on
said Tract Map for streets, alleys (including access rights), drainage and other public easements.
As a condition precedent to approval of Tract Map, the Subdivider shall first execute the
Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
SECTION 5. 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 6. 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 ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
17.a
Packet Pg. 767 Attachment: PW.Final Tract Map 20261 - Attachment 1 - Resolution [Revision 2] (6920 : Resolution Approving Final Tract Map No. 20261 1622 E.
Resolution No. 2020-246
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, 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, City Clerk
17.a
Packet Pg. 768 Attachment: PW.Final Tract Map 20261 - Attachment 1 - Resolution [Revision 2] (6920 : Resolution Approving Final Tract Map No. 20261 1622 E.
17.b
Packet Pg. 769 Attachment: PW.Final Tract Map 20261 - Exhibit A - Subdivision Improvement Agreement (6920 : Resolution Approving Final Tract Map No.
17.b
Packet Pg. 770 Attachment: PW.Final Tract Map 20261 - Exhibit A - Subdivision Improvement Agreement (6920 : Resolution Approving Final Tract Map No.
17.b
Packet Pg. 771 Attachment: PW.Final Tract Map 20261 - Exhibit A - Subdivision Improvement Agreement (6920 : Resolution Approving Final Tract Map No.
17.b
Packet Pg. 772 Attachment: PW.Final Tract Map 20261 - Exhibit A - Subdivision Improvement Agreement (6920 : Resolution Approving Final Tract Map No.
17.b
Packet Pg. 773 Attachment: PW.Final Tract Map 20261 - Exhibit A - Subdivision Improvement Agreement (6920 : Resolution Approving Final Tract Map No.
17.b
Packet Pg. 774 Attachment: PW.Final Tract Map 20261 - Exhibit A - Subdivision Improvement Agreement (6920 : Resolution Approving Final Tract Map No.
17.b
Packet Pg. 775 Attachment: PW.Final Tract Map 20261 - Exhibit A - Subdivision Improvement Agreement (6920 : Resolution Approving Final Tract Map No.
17.b
Packet Pg. 776 Attachment: PW.Final Tract Map 20261 - Exhibit A - Subdivision Improvement Agreement (6920 : Resolution Approving Final Tract Map No.
17.b
Packet Pg. 777 Attachment: PW.Final Tract Map 20261 - Exhibit A - Subdivision Improvement Agreement (6920 : Resolution Approving Final Tract Map No.
17.c
Packet Pg. 778 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 779 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 780 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 781 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 782 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 783 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 784 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 785 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 786 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 787 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 788 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 789 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 790 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 791 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 792 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 793 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 794 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 795 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 796 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 797 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 798 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 799 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.c
Packet Pg. 800 Attachment: PW.Final Tract Map 20261 - Attachment 2 - Project Bonds (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.d
Packet Pg. 801 Attachment: PW.Final Tract Map 20261 - Attachment 3 - Final Map (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria
17.d
Packet Pg. 802 Attachment: PW.Final Tract Map 20261 - Attachment 3 - Final Map (6920 : Resolution Approving Final Tract Map No. 20261 1622 E. Victoria