HomeMy WebLinkAbout10-21-2020 M&CC Agenda PacketIMPORTANT
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=2953
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: 10/21/2020 - Open Session - Agenda Item No. 5
To provide public comments for a Public Hearing:
Send an email to publiccomments@sbcity.org by 4:00 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=4106608&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.
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 21, 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 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 21, 2020
Mayor and City Council of the City of San Bernardino Page 3 Printed 10/16/2020
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, W ard 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 - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two cases
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
CITY MANAGER’S UPDATE
APPOINTMENTS
1. Water Board Reappointment of Dave Mlynarski (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the reappointment of Dave Mlyna rski to the Water Board with a
six-year term of service ending May 11, 2026.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Regular Meeting Agenda October 21, 2020
Mayor and City Council of the City of San Bernardino Page 4 Printed 10/16/2020
STAFF REPORTS
2. Cannabis Resolution Adopting Guidelines Related to Relocation Applications,
Bonding and Permit Processing Deadlines Resulting in Forfeitures (All
Wards)
Recommendation
Adopt Resolution No. 2020-253 of the Mayor and City Council of the City of San
Bernardino, California, adopting guidelines for Relocation Applications,
Performance Bonds, and Permit Proce ssing Deadlines Resulting in Forfeitures
pursuant to San Bernardino Municipal Code Sections 5.10.090, 5.10.200, and
5.10.300.
3. Temporary Use Permit Guidance - Contractors' Construction Yards (All
Wards)
Recommendation
Adopt Resolution No. 2020-265 of the Mayor and City Council of the City of San
Bernardino, California, establishing guidance relating to the issuance of Temporary
Use Permits that allow on-site and off-site contractors’ construction yards for
approved development projects.
PUBLIC HEARINGS
4. 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 (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);
Regular Meeting Agenda October 21, 2020
Mayor and City Council of the City of San Bernardino Page 5 Printed 10/16/2020
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 Ordina nce to the regularly scheduled
meeting of the Mayor and City Council on November 4, 2020.
CONSENT CALENDAR
5. August and September 2020 City Board, Commission, and Citizen Advisory
Committee Approved Minutes (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the minutes from the City Board, Commission, and
Citizen Advisory Committee meetings approved in August and September 2020.
6. 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.
7. Recognized Obligation Payment Schedule 21-22 a and B (All Wards)
Recommendation
It is recommended that the Mayor and City Council, in its capacity as the Successor
Agency to the Redevelopment Agency of the City of San Bernardino, approve the
ROPS 21-22 A and B, and authorize the City Manager, as the Successor A gency’s
Executive Director or designee, to: i) transmit the ROPS 21 -22 A and B to the State
Department of Finance and other designated agencies as prescribed by the HSC; ii)
make ministerial revisions to ROPS 21 -22 A and B, which may include, but are not
limited to restating the information included within ROPS 21-22 A and B in any
format that may be requested by the State Department of Finance; iii) take such
other actions and execute such other documents as are necessary to effectuate the
ROPS; and iv) implement ROPS 21-22 A and B on behalf of the Successor Agency,
including authorizing and causing such payments as authorized by ROPS 21 -22 A
and B.
8. Resolution to Increase the Purchase Order for Fairview Ford (All Wards)
Recommendation
Adopt Resolution No. 2020-235 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to increase the purchase
order to Fairview Ford by $37,401.43.
Regular Meeting Agenda October 21, 2020
Mayor and City Council of the City of San Bernardino Page 6 Printed 10/16/2020
9. Resolution to Reject All Bids for Special Provisions No. 13317 - Construction
of Traffic Signal Upgrades and Construction of Traffic Signal Interconnect
System (Ward 1, 2, 6, 7)
Recommendation
Adopt Resolution No. 2020-256 of the Mayor and City Council of the City of San
Bernardino, California, rejecting all bids for Special Provision No. 13317 -
Construction of Traffic Signal Upgrades and Construction of Traffic Signal
Interconnect System.
10. Establish a Parking Restrictions at Four Locations Within the City (Wards: 2,
3, 4)
Recommendation
Adopt Resolution No. 2020-257 of the Mayor and City Council of the City of San
Bernardino, California, amending Resolution No. 3985 entitled, in Part, “A
Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion
Thereof…” to establish a "No Stopping Anytime" zone at north side of Johnston
Street between Mt. Vernon Avenue and Bordwell Avenue; the north side of
Highland Avenue between Eucalyptus Drive and Rockford Avenue, and both sides
of Eucalyptus Drive for the first 340 feet north of Highland Avenue; the first 1 80 feet
on the east side of Wall Avenue north of Orange Street; and rescind existing
residential parking restrictions and establish “No Parking Anytime” on the south side
of 59th Street for the first 90 feet east of Aries Lane and on the east side of Aries
Lane for the first 85 feet south of 59th Street
11. Five-Year Capital Project Needs Analysis (2021/2022 through 2025/2026) for
Measure "I" 2010-2040 Expenditures (All Wards)
Recommendation
Adopt Resolution No. 2020-258 of the Mayor and City Council of the City of San
Bernardino, California, adopting the Five-Year Capital Project Needs Analysis (FY
2020/21 through FY 2025/26) for the Measure "I" 2010-2040 Expenditure.
12. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2018-1 (Safety Services) Annexation No. 2, (TR 20261) APNs 0281 -172-19
and -20 (Ward: 3)
Recommendation
Adopt Resolution No. 2020-259 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to consider annexing territo ry to
Community Facilities District No. 2018-1 (Safety Services) of the City of San
Bernardino, adopting a map of the area to be proposed (Annexation No. 2) and
authorizing the levy of special taxes therein.
Regular Meeting Agenda October 21, 2020
Mayor and City Council of the City of San Bernardino Page 7 Printed 10/16/2020
13. Resolution Approving an Application for Statewide Park Development Grant
Funds (Ward 1)
Recommendation
Adopt Resolution No. 2020-254 of the Mayor and City Council of San Bernardino,
California, approving the submittal of an application for Statewide Park
Development and Community Revitalization Program Grant Funds to the State of
California.
14. Resolution to Receive and Administer the CalVIP Grant Award (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file an updated report on the Violence Intervention Program
(VIP) and:
1. Adopt Resolution No. 2020-251 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to receive and administer
the California Board of State & Community Corrections, California Violence
Intervention & Prevention Grant Program (BSCC, CalVIP) to continue the City’s
Violence Intervention Program supportive services; and
2. Adopt Resolution No. 2020-252 of the Mayor and City Council of the City of San
Bernardino, California, approving Second Amendment to the Professional
Services Agreements between the City of San Bernardino and Young Visionaries
Youth Leadership Academy and Victory Outreach San Bernardino.
3. Amend the FY 20/21 budget to appropriate $450,000 for VIP outreach and
supportive services (Account: 123-100-0150-5502) supported by the California
Violence Intervention & Prevention Grant Program.
15. Purchase Order Increase with Sierra Pacific Electrical (All Wards)
Recommendation
It is respectfully recommended that the Mayor and City Council of the City of San
Bernardino, California, adopt Resolution No. 2020 -255:
1. Authorizing the increase of Purchase Order No. 2021-252 with Sierra Pacific
Electrical Contracting of Jurupa Valley, CA, to increase the purchase order by
$86,501, for an amount not to exceed $136,500; and
2. Authorizing the Finance Director to issue a purchase change order in the support
of the increase.
16. Final Reading of Ordinance MC-1547 Adding to Chapter 5.10 a Requirement
for Cannabis Integrity Standards (All Wards)
Recommendation
Adopt Ordinance MC-1547 of the Mayor and City Council of the City of San
Bernardino, California, adding to Chapter 5.10 a requirement for Cannabis Integrity
Standards.
Regular Meeting Agenda October 21, 2020
Mayor and City Council of the City of San Bernardino Page 8 Printed 10/16/2020
17. Adoption of Ordinance MC-1548 (All Wards)
Recommendation
Adopt Ordinance No. MC-1548 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 (Attachment 1).
18. Resolution Regarding Permanent Supportive Housing for Unsheltered
Homeless Individuals (All Wards)
Recommendation
Adopt Resolution No. 2020-263 of the Mayor and City Council of the City of San
Bernardino, California, regarding permanent supportive housing for unsheltered
homeless individuals.
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,
November 4, 2020 via tele-conference. 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 21, 2020 Regular Meeting 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 Library located at 555 West 6th Street, San Bernardino, California,
and on the City’s website sbcity.org on Friday, October 16, 2020.
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Genoveva Rocha, CMC, City Clerk
Regular Meeting Agenda October 21, 2020
Mayor and City Council of the City of San Bernardino Page 9 Printed 10/16/2020
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 the
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 Mayo r 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 A gency 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
Appointment
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Subject: Water Board Reappointment of Dave Mlynarski
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the reappointment of Dave Mlynarski to the Water Board with a six -
year term of service ending May 11, 2026.
Background
The Water Board was established under Charter Section 603 and is responsible for the
oversight and management of the City’s water supply, recycled water, wastewater
collection and treatment; employing such persons as may be needed for the proper
administration of the City’s water and wastewater systems; setting and collecting water
and wastewater rates, fees and charges; allocating all receipts and expenditures to
separate, independent, water and sewer funds in accordance with State law; providing
for an annual, independent audit of all water and wastewater accounts; compensating
members of the Water Board; collaborating with the Mayor, City Council, and the City
Manager on matters concerning the City’s water and wastewater systems; and
establishing and periodically revie wing and revising such rules and regulations as may
be appropriate for managing the City’s water and wastewater systems.
Discussion
The Water Board is comprised of five (5) members appointed by a vote of the Mayor
and entire Council, as provided for in se ction 304(b) of the Charter, to serve without
compensation. The term of service for this reappointment will be a six -year term ending
May 11, 2026. The reappointment requires approval by a vote of at least five affirmative
votes of the Mayor and members of the City Council.
2020-2025 Key Strategic Targets and Goals
The proposed commission reappointment aligns with Key Target No. 2: Focused,
Aligned Leadership and Unified Community by building a culture that attracts, retains,
and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to the City
1
Packet Pg. 10
6939
Page 2
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the reappointment of Dave Mlynarski to the Water Board with a six -
year term of service ending May 11, 2026.
Ward: All
Synopsis of Previous Council Items: N/A
1
Packet Pg. 11
1.a
Packet Pg. 12 Attachment: MCC.Commission application - David Mlynarski (6939 : Water Board Reappointment of Dave Mlynarski)
1.a
Packet Pg. 13 Attachment: MCC.Commission application - David Mlynarski (6939 : Water Board Reappointment of Dave Mlynarski)
1.a
Packet Pg. 14 Attachment: MCC.Commission application - David Mlynarski (6939 : Water Board Reappointment of Dave Mlynarski)
1.a
Packet Pg. 15 Attachment: MCC.Commission application - David Mlynarski (6939 : Water Board Reappointment of Dave Mlynarski)
1.a
Packet Pg. 16 Attachment: MCC.Commission application - David Mlynarski (6939 : Water Board Reappointment of Dave Mlynarski)
Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Resolution Incorporating Changes to the CCB Application
Process (All Wards)
Recommendation
Adopt Resolution No. 2020-253 of the Mayor and City Council of the City of San
Bernardino, California, adopting guidelines for Relocation Applications, Perf ormance
Bonds, and Permit Processing Deadlines Resulting in Forfeitures pursuant to San
Bernardino Municipal Code Sections 5.10.090, 5.10.200, and 5.10.300.
Background
At the June 4, 2020, Mayor and City Council meeting, City Council provided staff with
direction to incorporate changes to the Commercial Cannabis Business (CCB)
application process that includes updates to Relocations, Performance Bonds and
Deadlines.
This report addresses Mayor and City Council direction related to:
1) Relocation Applications
2) Performance Bonds to ensure applicants have the financial resources to commit
to the application process
3) Processing Deadlines for Awarded Commercial Cannabis Business Licenses
DISCUSSION
Amendments to Existing Guidelines
Under Chapter 5.10 of the City of San Bernardino Municipal Code (SBMC), to operate a
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). Since June
2020, the Mayor and City Council has adopted various Resolutions and an Ordinance to
expand the CCB Permit program in accordance with Chapter 5.10 and has provided
direction on various policy changes. Per the direction of the Mayor and City Council,
staff is recommending additional amendments to address their concerns relating to
relocation applications, performance bonds and deadlines.
Relocations
Pursuant to Section 5.10.320 (Other Operational Requirements) of the City of San
2
Packet Pg. 17
6932
Page 2
Bernardino Municipal Code, as part of Mayor and City Council’s consideration, the City
Manager or his/her designee has the ability to develop other commercial cannabis
business operational requirements or regulations as are determined to be necessary to
protect the public health, safety and welfare.
As referenced in Section 5.10.200 (Change in Ownership or Location) of the City of San
Bernardino Municipal Code, awarded commercial cannabis businesses may apply for
relocation within the City using the established application process set forth in Section
5.10.090 (Initial Application Procedure). The Application Process is currently set up in
four (4) phases consisting of Application Submittal, Review of Application, Applicant
Interviews, and Mayor and City Council Consideration. There are set fees established
for each phase. Staff is recommending streamlining this process by combining Phase 1
and 2, eliminating Phase 3 and keeping Phase 4. As outlined in Attachment 2, the
process will consist of 3 Steps: Application Submittal, Application Review by Staff and
Mayor and City Council Consideration. By streamlining the process, an applicant
requesting to relocate will be able to move forward in a simplified manner to the Mayor
and City Council for consideration.
Performance Bond or Security Requirements
The Mayor and City Council has asked staff to incorporate performance bonds into the
application process to avoid delays and ensure that applicants are committed to
obtaining a cannabis business permit and operate a cannabis business when given the
opportunity to proceed. The deposit will be returned to an awarded commercial
cannabis business’ applicant upon issuance of final permits. However, if the commercial
cannabis business’ applicant does not perform and meet certain stipulated deadlines,
the deposit will be forfeited.
The Mayor and City Council asked staff to include a security deposit or performance
bond in the amount of $200,000. Staff’s research revealed that cities require security
deposits ranging from $5,000 to $25,000. Based on this research, the amou nt as
requested by Mayor and City Council exceeds industry standards. The proposed draft
amendment leaves the amount of the bond blank and the Mayor and City Council is
asked to consider the amount of $25,000 instead of $200,000.
Permit Processing Deadlines and Forfeitures On June 17, 2020, the Mayor and City
Council discussed the establishment of permit processing deadlines. Since then,
Council has further directed staff to establish the “Use It or Lose It” deadlines for current
applicants that were awarded a Commercial Cannabis Business (CCB) permit on
February 21, 2019.
Applicants with awarded CCB permits have had over a year and a half to complete the
process of submitting tenant improvement plans for Plan Check, obtaining Building
Permits, completing Tenant Improvements and finalizing their permits so that they may
operate. At the time this report was written only five (5) of sixteen (16) applicants have
obtained operating approvals, leaving eleven (11) operating opportunities in limbo. As
outlined in Attachment 2, the amendments to the guidelines set forth these deadlines
and include due process procedures for the applicants.
2
Packet Pg. 18
6932
Page 3
2020-2025 Key Strategic Targets and Goals
The Commercial Cannabis proposed changes to the existing guidelines are consistent
with Key Target No 1: Financial Stability. Specifically, improving the commercial
cannabis business 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 application fee
to recover the City’s costs in processing permits.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-253, adopting guidelines for Relocation
Applications, Performance Bonds, and Permit Processing Deadlines Resulting in
Forfeitures pursuant to San Bernardino Municipal Code Sections 5.10.090, 5.10.200,
and 5.10.300.
Attachments
Attachment 1 Resolution 2020-253
Attachment 2 Guidelines for Relocations, Performance Bonds and Deadlines
Ward: All
Synopsis of Previous Council Actions:
June 4, 2020 The Mayor and City Council provided staff direction on a variety of
cannabis oriented items. Staff is working towards the completion of
these items.
2
Packet Pg. 19
Resolution No. 2020-253
RESOLUTION NO. 2020-253
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING GUIDELINES FOR RELOCATION
APPLICATIONS, PERFORMANCE BONDS AND
DEADLINES RESULTING IN FORFEITURES PURSUANT
TO SAN BERNARDINO MUNICIPAL CODE SECTIONS
5.10.090, 5.10.200, 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;
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 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 Businesses 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;
WHEREAS, on October 7, 2020, the Mayor and City Council accepted the amendments to
the Commercial Cannabis Business Application Review Criteria and Procedures Guideline s to allow
for the exchange of a currently held Commercial Cannabis Business license to a Microbus iness for
any awarded Commercial Cannabis Business that was open and operating on or before August 31,
2020;
WHEREAS, on October 7, 2020, the Mayor and City Council introduced Ordinance MC-
1547, which would incorporate Integrity Standards for Commercial Cannabis Business permit
applications if adopted on October 21, 2020;
2.a
Packet Pg. 20 Attachment: CED.Relocation, Bonds, & Forfeiture Resolution (6932 : Resolution Incorporating Changes to the CCB Application Process (All
Resolution No. 2020-253
WHEREAS, keeping in line with the Mayor and City Council’s direction as provided on
June 17, 2020, City staff is providing further amendments to address the City Council’s concerns
relating to relocation applications, performance bonds and deadlines;
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) of
the City of San Bernardino Municipal Code, the Mayor and City Council may amend by Resolution
the Application Review Criteria, Procedures, and Fees; and
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 authorize the City Manager to amend the
necessary forms, application process and fees, solicit applications, conduct initial review of
applications for completeness, and to ultimately provide a complete, signed application to the
Mayor and City Council for final consideration, as set forth in the Attachment 2.
SECTION 3. The amended fees providing services related to the review, evaluation and
final disposition of the Commercial Cannabis Business Applications for Relocation and Bonds,
as set forth in the Attachment 2.
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 be effective immediately upon
adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 21st day of October, 2020.
2.a
Packet Pg. 21 Attachment: CED.Relocation, Bonds, & Forfeiture Resolution (6932 : Resolution Incorporating Changes to the CCB Application Process (All
Resolution No. 2020-253
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. 22 Attachment: CED.Relocation, Bonds, & Forfeiture Resolution (6932 : Resolution Incorporating Changes to the CCB Application Process (All
Resolution No. 2020-253
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. 2020-253, adopted at a regular meeting held on the 21st day of October, 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 21st day of October,
2020.
Genoveva Rocha, CMC, City Clerk
2.a
Packet Pg. 23 Attachment: CED.Relocation, Bonds, & Forfeiture Resolution (6932 : Resolution Incorporating Changes to the CCB Application Process (All
Commercial Cannabis Business – Procedure Guidelines Revised 10/5/2020
- 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
AMENDED APPLICATION PROCEDURE GUIDELINES FOR A COMMERCIAL
CANNABIS BUSINESS TO INCLUDE PERFORMANCE BOND REQUIREMENT AND
PERFOMANCE DEADLINES
On October 21, 2020, the Mayor and City Council approved Resolution 2020-0XX establishing guidelines for
performance bonds to ensure that Commercial Cannabis Business applicants are committed to obtaining a
cannabis business permit to operate a cannabis business when given the opportunity to proceed. Additionally,
awarded CCB permit applicants shall comply with new permit processing deadlines or forfeit their awarded
CCB permit. The Performance Bond and deadlines are outlined below.
Performance Bond
A performance bond shall be provided in the amount of $__________. The bond shall be obtained through a
licensed surety company and shall remain in full force and effect until the applicant obtains issuance of final
permits for the operation of the Commercial Cannabis Business. However, the performance bond shall be
forfeit, if the CCB applicant does not perform and meet the stipulated deadlines.
Deadline to Complete
Commercial Cannabis Businesses awarded February 21, 2019:
Any Commercial Cannabis Business that has been granted approval pursuant to Section 5.10.180 (Commercial
Cannabis Business Permittee Selection Process) of the City of San Bernardino Municipal Code, but is not in
operation prior to the effective date of adopted Resolution 2020-XXX, shall be granted a period, not to exceed
three (3) months, from the effective date of the Resolution to secure a final business location and submit plans to
the City for improvements. These improvements may include electrical, plumbing, fire, planning permits or
reviews, and any other permits or licenses, or reviews as may be necessary by the relevant departments or
government entities in charge of said permits.
New Location (i.e. relocation to a new address/property/site):
Commercial Cannabis Businesses wanting to or needing to relocate during the initial twelve (12) months after
being granted approval, may do so by submitting a new application for review and determination by Mayor and
City Council. Applying for relocation does NOT extend the time frame in which a business would be required to
secure a location and submit improvement plans. These Improvements may include electrical, plumbing, fire,
planning permits or reviews, and any other permits or licenses, or reviews as may be necessary by the relevant
departments or government entities in charge of said permits.
New Commercial Cannabis Business (CCB) Applicants:
For all business granted approval after August 5, 2020, a final business location shall be secured, submittal and
completion of all improvement plans must take place and the opening of the business shall occur within a period
not to exceed twelve (12) months from the date of award by Mayor and City Council. These improvements may
include electrical, plumbing, fire, planning permits or reviews, and any other permits or licenses, or reviews as
may be necessary by the pertinent departments or government entities in charge of said permits.
2.b
Packet Pg. 24 Attachment: CED.Relocation, Bonds, & Forfeiture.Attachment 2 (6932 : Resolution Incorporating Changes to the CCB Application Process (All
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 CHANGE IN LOCATION OF A
COMMERCIAL CANNABIS BUSINESS PERMIT
Pursuant to Section 5.10.200 (Change in Ownership or Location) of the City of San Bernardino Municipal Code,
awarded Commercial Cannabis Businesses (CCB) may apply for relocation within the City.
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, 2019, in
accordance to Chapter 5.10 of the City of San Bernardino Municipal Code.
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 Relocation (Fee: $5,918 – MCC Review)
A relocation (i.e. change in location) of an approved CCB to a new address, property, or site will be required to
go to the Mayor and City Council for consideration and approval.
Application Review and Process:
1) An application for a Change in Location will be required to be submitted by the awarded CCB in order to
relocate their awarded CCB permit to a new location.
2) The amendment must be submitted using the application submittal process as outlined in the CCB Permit
application.
3) The application will be reviewed by City Staff for completeness.
4) Once the application has been reviewed by City Staff and the application is deemed complete, then it
may proceed to Mayor and City Council for consideration.
2.b
Packet Pg. 25 Attachment: CED.Relocation, Bonds, & Forfeiture.Attachment 2 (6932 : Resolution Incorporating Changes to the CCB Application Process (All
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
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 sheet, provide a
list of all persons that make up the trust, partnership, corporation, or LLC.)
APPLICATION TYPE:
New Business Business Renewal Amended Application
Change of Location Change of Ownership
Additional Services are subject to inspection and consultant fee as identified in the Application Procedure Guidelines).
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.b
Packet Pg. 26 Attachment: CED.Relocation, Bonds, & Forfeiture.Attachment 2 (6932 : Resolution Incorporating Changes to the CCB Application Process (All
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.b
Packet Pg. 27 Attachment: CED.Relocation, Bonds, & Forfeiture.Attachment 2 (6932 : Resolution Incorporating Changes to the CCB Application Process (All
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.b
Packet Pg. 28 Attachment: CED.Relocation, Bonds, & Forfeiture.Attachment 2 (6932 : Resolution Incorporating Changes to the CCB Application Process (All
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):
Copy of the completed Zoning Verification Letter issued by the City
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
Area Map (see below for requirements)
Live Scan Payment
Business Owner(s) Background Information Forms
Supplemental Evaluation Criteria (see below for requirements and Appendix A)
Mailing list identifying all owners of property located within 600 feet of the proposed business location
Mailing labels identifying all owners of property located within 600 feet of the proposed business location
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.b
Packet Pg. 29 Attachment: CED.Relocation, Bonds, & Forfeiture.Attachment 2 (6932 : Resolution Incorporating Changes to the CCB Application Process (All
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
Area Map (shall contain a minimum of the following information):
Location of subject property
Location of all highways, streets and alleys within a distance of 600 feet from the exterior boundaries of the
subject property
Location of all lots and parcels of land within a distance of 600 feet from the exterior boundaries of the
subject property
The Area Map shall identify the existing uses of all lots and parcels of land within a distance of 600 feet from
the exterior boundaries of the subject property on the map
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.b
Packet Pg. 30 Attachment: CED.Relocation, Bonds, & Forfeiture.Attachment 2 (6932 : Resolution Incorporating Changes to the CCB Application Process (All
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.b
Packet Pg. 31 Attachment: CED.Relocation, Bonds, & Forfeiture.Attachment 2 (6932 : Resolution Incorporating Changes to the CCB Application Process (All
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 (or affirmed) before me this __________ day of ______________________, 20 ___________
Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
____________________________________________ (seal)
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.b
Packet Pg. 32 Attachment: CED.Relocation, Bonds, & Forfeiture.Attachment 2 (6932 : Resolution Incorporating Changes to the CCB Application Process (All
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.b
Packet Pg. 33 Attachment: CED.Relocation, Bonds, & Forfeiture.Attachment 2 (6932 : Resolution Incorporating Changes to the CCB Application Process (All
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).
2.b
Packet Pg. 34 Attachment: CED.Relocation, Bonds, & Forfeiture.Attachment 2 (6932 : Resolution Incorporating Changes to the CCB Application Process (All
COMMERCIAL CANNABIS BUSINESS 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 $4,681.00/license type/application*
4. Location Change of a CCB Permit $5,918.00/license type/application
5. Performance Bond $25,000.00/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
Previously approved on October 7, 2020 by Mayor and City Council
2.b
Packet Pg. 35 Attachment: CED.Relocation, Bonds, & Forfeiture.Attachment 2 (6932 : Resolution Incorporating Changes to the CCB Application Process (All
Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Temporary Use Permit Guidance - Contractors' Construction
Yards (All Wards)
Recommendation
Adopt Resolution No. 2020-265 of the Mayor and City Council of the City of San
Bernardino, California, establishing guidance relating to the issuance of Tem porary Use
Permits that allow on-site and off-site contractors’ construction yards for approved
development projects.
Background
On December 21, 2009, the Mayor and Council approved Tentative Tract Map (TTM)
No. 16794 for the development of a residential subdivision on the west side of Palm
Avenue, approximately 200 feet north of Verdemont Drive, in the RL, Residential Low
Land Use District. Since 2009, TTM No. 16794 has been extended a number of times
based on provisions permitted under the Subdivision Map Act.
The current owner, Oxbow SB, 44LLC (“Developer”) is presently moving forward with
the residential development of the property. In 2018, grading plans for the project were
reviewed and approved by the City. The Grading Permit has not been issued at this
time. In recent years, several other plans have been reviewed, including the street
improvement plans and the water and sewer plans, and a variety of other outside
agency approvals have been obtained as well.
On July 13, 2020, the Developer submitted a Temporary Use Permit (“TUP”) application
for the stock piling of material (concrete) for the future grading of the project site.
Subsequent to the review of the TUP application by the Planning Division and Public
Works Department, the City approved TUP 20-033 with conditions of approval
designed to protect the public interest (including hours of operation, covering
requirements, and compliance with permit requirements such as for hauling and storm
water etc.) In addition to the TUP, the Public W orks Department issued a Hauling
Permit allowing the delivery of the grading material to the project site. Following the
City’s approvals, and given the presence of trucks hauling and delivering material to the
project site, residents in the Verdemont neighborhood have voiced concerns about the
impacts of hauling activities and the stockpiling of the concrete.
3
Packet Pg. 36
6953
Page 2
Due to the concerns raised by the community, the City Council added an urgency item
to its agenda at its October 7, 2020 meeting. Following Cit y Council discussion on the
matter, the City Council requested that staff look into the matter and provide an update
at the October 21, 2020 meeting.
Discussion
The San Bernardino Municipal Code (“SBMC”) authorizes the Director of Community
and Economic Development to permit certain short-term activities through the issuance
of a Temporary Use Permit (“TUP”). In accordance with SBMC Section 19.70.020 (2),
TUPs may be approved for an on- and off-site contractors’ construction yard in
conjunction with an approved development project. Following a review of the Municipal
Code, although the provision may be read more broadly, staff believes that the primary
purpose of SBMC Section 19.70.020 (2) was to permit developers to use the site of an
approved development project for temporary storage of finished construction materials
in the immediate run up to and during the construction of the development project.
Given the concerns raised by residents in connection with the TUP approved for this
project as they relate to the storage of construction materials along with the impacts
associated with uses such as on-site crushing or grinding of raw materials in
residentially zoned areas, additional guidance has been developed to clarify the
restrictions associated with this specific temporary use.
In light of the foregoing, and in response to any future request for a TUP for “on - and
off-site contractors’ construction yards in conjunction with an approved development
project” under SBMC section 19.70.020 (2), the proposed resolution would require City
staff to abide by the following guidance:
A. Stock piles of building materials shall only be permitted in conjunction with the
issuance by the City of a grading permit or building permit.
B. Stock piles of building materials shall consist only of finished materials ready for
grading or construction.
C. No TUP may be issued to permit the crushing or grinding of unfinished raw
materials such as rock, concrete, or similar at a residentially-zoned site or in any
other zone within 500 feet of a residentially-zoned property.
D. If a TUP is issued permitting the crushing or grinding of unfinished raw materials
such as rock, concrete, or similar, City staff shall condition the TUP in such
manner to address the public health, safety, and welfare. Such conditions shall,
among others, address dust mitigation, noise mitigation, site security, and
compliance with all applicable air quality and water quality standards.
The attached resolution also provides direction to staff to p repare a Development Code
Amendment clarifying the purpose for a TUP and incorporating the above provisions
into the Development Code. A future Development Code Amendment would come
before the Mayor and City Council for consideration at a later date.
3
Packet Pg. 37
6953
Page 3
2020-2025 Key Strategic Targets and Goals
The action taken aligns with Key Target No. 3: Improve Quality of Life. This action
provides direction to amend the Development Code minimizing the potential impacts
related to development in the community thereby improving the quality of life.
Fiscal Impact
There is no Fiscal Impact associated with approval of this item as the work to prepare
the Code Amendment will be managed internally.
Conclusion
Adopt Resolution No. 2020-265 of the Mayor and City Council of the City of San
Bernardino, California, establishing guidance relating to the issuance of Temporary Use
Permits that allow on-site and off-site contractors’ construction yards for approved
development projects.
Attachments
Attachment 1 Resolution No. 2020-265
Ward: All
Synopsis of Previous Council Actions:
December 21, 2009 Mayor and City Council approved Tentative Tract Map No.
16794 allowing 44 separate parcels, 43 residential parcels
and 1 parcel for a debris basin.
3
Packet Pg. 38
RESOLUTION NO. 2020-265
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ESTABLISHING GUIDANCE RELATING TO THE
ISSUANCE OF TEMPORARY USE PERMITS ALLOWING
ON-SITE AND OFF-SITE CONTRACTORS’
CONSTRUCTION YARDS FOR APPROVED
DEVELOPMENT PROJECTS
WHEREAS, in accordance with Chapter 19.70 of the San Bernardino Municipal Code
(“SBMC”), the Director of Community and Economic Development is authorized to permit
certain short-term activities through the issuance of a Temporary Use Permit (“TUP”); and
WHEREAS, SBMC section 19.70.020 (2), specifically permits the issuance of a TUP for
“on- and off-site contractors’ construction yards in conjunction with an approved development
project”; and
WHEREAS, pursuant to SBMC section 19.70.035 (B), such construction yards can “be
operated only in conjunction with an approved building permit” and must “be removed
immediately upon completion of the construction project”; and
WHEREAS, in recent weeks, the issuance of TUP 20-033 permitting the operation of
such a yard at 6920 Palm Avenue in connection with Tentative Tract Map 16794 for the
purposes of stock piling materials raised significant concerns among community members; and
WHEREAS, the concerns related to the hauling, stock piling, and eventual plan to grind
materials at the site, which were occurring prior to the issuance of a grading permit; and
WHEREAS, while City staff established conditions for the TUP to protect the public
interest (including hours of operation, covering requirements, and compliance with permit
requirements such as for hauling and storm water), the need for additional guidance to clarify the
purpose of SBMC section 19.70.020 (2) is clear.
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. In order to provide guidance related to the issuance of temporary use
permits under SBMC section 19.70.020 (2), the City Council hereby declares and directs staff as
follows:
The purpose of SBMC section 19.70.020 (2) was to permit developers to use the site of
an approved development project for temporary storage of finished construction materials in the
immediate run up to and during the construction of the development project. It was not intended
3.a
Packet Pg. 39 Attachment: Attachment 1 - Resolution No. 2020-265 (6953 : Temporary Use Permit Guidance - Contractors' Construction Yards (All Wards))
Resolution No. 2020-265
to permit the storage of construction materials at sites prior to the issuance of permits authorizing
construction work to commence, e.g., the grading permit. In addition, it was not intended to
permit more intensive temporary uses such as the crushing or grinding of raw materials than
would otherwise be permitted in the applicable zone. For example, while the crushing and
grinding of raw materials might be appropriate as a temporary use in an industrial or commercial
zone, it is incompatible with residentially zoned property.
In light of the foregoing, in response to any future request for a TUP for “on- and off-site
contractors’ construction yards in conjunction with an approved development project” under
SBMC section 19.70.020 (2), City staff shall abide by the following guidance:
A. Stock piles of building materials shall only be permitted in conjunction with the
issuance by the City of a grading permit or building permit.
B. Stock piles of building materials shall consist only of finished materials ready for
grading or construction.
C. No TUP may be issued to permit the crushing or grinding of unfinished raw
materials such as rock, concrete, or similar at a residentially-zoned site or in any other zone
within 500 feet of a residentially-zoned property.
D. If a TUP is issued permitting the crushing or grinding of unfinished raw materials
such as rock, concrete, or similar, City staff shall condition the TUP in such manner to address
the public health, safety, and welfare. Such conditions shall, among others, address dust
mitigation, noise mitigation, site security, and compliance with all applicable air quality and
water quality standards.
SECTION 3. Staff is hereby directed to prepare a Development Code Amendment to
clarify the purpose and requirements for issuance of a TUP under SBMC section 19.70.020 (2) in
accordance with the guidance provided by 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 rul e 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.
3.a
Packet Pg. 40 Attachment: Attachment 1 - Resolution No. 2020-265 (6953 : Temporary Use Permit Guidance - Contractors' Construction Yards (All Wards))
Resolution No. 2020-265
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
3.a
Packet Pg. 41 Attachment: Attachment 1 - Resolution No. 2020-265 (6953 : Temporary Use Permit Guidance - Contractors' Construction Yards (All Wards))
Resolution No. 2020-265
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
3.a
Packet Pg. 42 Attachment: Attachment 1 - Resolution No. 2020-265 (6953 : Temporary Use Permit Guidance - Contractors' Construction Yards (All Wards))
Page 1
Public Hearing
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: 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 (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 November 4, 2020.
Background
4
Packet Pg. 43
6950
Page 2
The project site is located on the southeast corner of S. Foisy Street and E. Central
Avenue within the Public Park (PP) and Industrial Light (IL) zones. 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
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.
This project was initially scheduled and noticed for consideration by the City Council at
its October 7, 2020 meeting. However, subsequent to the close of the public review
period, staff received a request for consultation on the project from the Gabrieleno Band
of Mission Indians - Kizh Nation. The results of this consultation produced additional
mitigation measures requested for the protection of tribal resources affected during the
development of the proposed project. Based on this new information, staff
recommended that this item be continued to the October 21, 2020 meeting.
Discussion
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) of the
City of San Bernardino Development Code, the applicant is requesting the approval of:
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;
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.
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
4
Packet Pg. 44
6950
Page 3
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.
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 warehouses, 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 remai nder 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.
Parking
4
Packet Pg. 45
6950
Page 4
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 screening
the truck court fronting S. Foisy Street. A total of 61,472 squa re 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 goals 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 underutilized 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 General 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.
4
Packet Pg. 46
6950
Page 5
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
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 of the project site
(Attachment 1, Exhibit A).
Subsequent to the close of the public review period, Staff received a request for
consultation on the project from the Gabrieleno Band of Mission Indians - Kizh Nation.
The results of this consultation produced additional mitigation measures requested for
the protection of tribal resources affected during the development of the proposed
project. These additional measures have been included in the Mitigation Monitoring and
Reporting Program (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 project will be approximately $967,000.
City services will be provided to this project similar to other ind ustrial 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);
4
Packet Pg. 47
6950
Page 6
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 November 4, 2020.
Attachments
Attachment 1 Resolution No. 2020-236 (Adopting MND / MMRP and Approving
General Plan Amendment 19-03); Exhibit A - MND; Exhibit B - Site
Plan
Attachment 2 Ordinance No. MC-1546 (Approving Development Code
Amendment [Zoning Map Amendment] 19-08): Exhibit A - Site Map
Attachment 3 Resolution No. 2020-0237 (Approving Subdivision 19-08 [Tentative
Parcel Map 20189] and Development Permit Type -D 19-13); Exhibit
A - Tentative 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
Ward: 3
Synopsis of Previous Council Actions: N/A
4
Packet Pg. 48
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
4.a
Packet Pg. 49 Attachment: CED.GPA19-03.FOISY.A1.Resolution (6950 : Foisy East Project (Ward 3))
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, the October 7, 2020 public hearing on the Project was continued to October
21, 2020 to respond to public comments received on October 7, 2020; and
WHEREAS, all the requirements of the Public Resources Code and the State CEQA
Guidelines have been satisfied or complied with by the City in connection with the preparation
of the MND, which is sufficiently detailed so that all of the potentially significant environmental
effects of the proposed Project, as well as feasible mitigation measures, have been adequately
evaluated; and
WHEREAS, the MND prepared in connection with the proposed Project sufficiently
analyzes the feasible mitigation measures necessary to avoid or substantially lessen the proposed
Project’s potentially significant environmental impacts; and
WHEREAS, prior to taking action, the City Council has heard, been presented with,
reviewed, and considered all of the information and data in the administrative record, including
but not limited to the Initial Study, MND, MMRP, and all oral and written evidence presented to
it during all meetings and hearings; and
WHEREAS, the MND reflects the independent judgment of the City and is deemed
adequate for purposes of making decisions on the merits of the proposed Project; 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; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
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.
4.a
Packet Pg. 50 Attachment: CED.GPA19-03.FOISY.A1.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-236
3
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 the MND,
Initial Study, and administrative record contain a complete and accurate reporting of the
environmental impacts associated with the proposed Project, that the MND has been completed in
compliance with CEQA and the State CEQA Guidelines, and 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. Findings on Environmental Impacts. Based on the whole record before it,
the City Council finds and determines that evidence in the administrative record, including,
without limitation, the analysis and conclusions set forth in the staff reports, responses to
comments, testimony provided at the proposed Project’s public hearings, the Initial Study, the
MND and the supporting technical studies, demonstrate that, with incorporation of the identified
mitigation as set forth in the MMRP, the proposed Project will not have any potential significant
environmental impacts. The City Council has considered all comments and other information
submitted to the City in connection with the MND. The City Council further finds and
determines that there is no substantial evidence in the administrative record supporting a fair
argument that the proposed Project may have a significant environmental impact. The City
Council finds that the MND contains a complete, objective, and accurate reporting of the
environmental impacts associated with the proposed Project and reflects the independent
judgment and analysis of the City.
SECTION 4. 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. In the event of any inconsistencies between the mitigation measures as set
forth in the MND and the MMRP, the MMRP shall control. 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 5. 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
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:
4.a
Packet Pg. 51 Attachment: CED.GPA19-03.FOISY.A1.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-236
4
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.
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.
4.a
Packet Pg. 52 Attachment: CED.GPA19-03.FOISY.A1.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-236
5
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 6. Approval of Project and General Plan Amendment: The Project, including
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 7. Custodian of Record. 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 8. 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 9. 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 10. 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
4.a
Packet Pg. 53 Attachment: CED.GPA19-03.FOISY.A1.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-236
6
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
4.a
Packet Pg. 54 Attachment: CED.GPA19-03.FOISY.A1.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-236
7
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
4.a
Packet Pg. 55 Attachment: CED.GPA19-03.FOISY.A1.Resolution (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 1 October 14, 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 &
Economic
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
During ground-
disturbing
activities
Site monitoring Qualified
Archaeologist
4.b
Packet Pg. 56 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 2 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
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 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 &
Economic
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:
During
construction
Site monitoring
Qualified
Paleontologist
4.b
Packet Pg. 57 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 3 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
1) Upon discovery of an unearthed fossil, earthwork within
the vicinity 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.
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
Site Inspection
Site Monitoring
Qualified
Paleontologist
Qualified
Paleontologist
Archaeological
Monitor, Tribal
monitor
Qualified
Paleontologist
Qualified
Paleontologist
4.b
Packet Pg. 58 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 4 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
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.
Hazards and Hazardous Materials
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 guide lines and standards to avoid increased
exposure to these pollutants.
Prior to
construction
start
Develop
Hazardous Spill
Prevention plan
Community &
Economic
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 &
Economic
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 &
Economic
Development
Department
Construction
Manager
4.b
Packet Pg. 59 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 5 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
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
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.
Prior to the
issuance of any
ground
disturbance-
related permits
(such as grading
permits); during
grading.
Develop Tribal
Monitoring Plan;
Site monitoring
Develop Cultural
Resource
Monitoring and
Treatment Plan
Archaeological
Monitor, Tribal
monitor, and
Community &
Economic
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 &
Economic
Development
Department
MM GAB-1: Retain a Native American Monitor/Consultant:
Prior to the commencement of any ground disturbing activity
at the project site, the project applicant shall retain a Native
American Monitor approved by the Gabrieleno Band of Mission
Indians-Kizh Nation – the tribe that consulted on this project
pursuant to Assembly Bill AB52 - SB18 (the “Tribe” or the
Prior to the
issuance of any
ground
disturbance-
related permits
(such as grading
Develop Tribal
Monitoring Plan;
Site monitoring
Community &
Economic
Development
Department
4.b
Packet Pg. 60 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 6 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
“Consulting Tribe”). A copy of the executed contract shall be
submitted to the Lead Agency prior to the issuance of any
permit necessary to commence a ground- disturbing activity.
The Tribal monitor will only be present on-site during the
construction phases that involve ground-disturbing activities.
Ground disturbing activities are defined by the Tribe as
activities that may include, but are not limited to, pavement
removal, potholing or auguring, grubbing, tree removals,
boring, grading, excavation, drilling, and trenching, within the
project area. The Tribal Monitor will complete daily monitoring
logs that will provide descriptions of the day’s activities,
including construction activities, locations, soil, and any cultural
materials identified. The on-site monitoring shall end when all
ground-disturbing activities on the Project Site are completed,
or when the Tribal Representatives and Tribal Monitor have
indicated that all upcoming ground-disturbing activities at the
Project Site have little to no potential for impacting Tribal
Cultural Resources. Upon discovery of any Tribal Cultural
Resources, construction activities shall cease in the immediate
vicinity of the find (not less than the surrounding 50 feet) until
the find can be assessed. All Tribal Cultural Resources
unearthed by project activities shall be evaluated by the Tribal
monitor approved by the Consulting Tribe and a qualified
archaeologist if one is present. If the resources are Native
American in origin, the Consulting Tribe will retain it/them in
the form and/or manner the Tribe deems appropriate, for
educational, cultural and/or historic purposes. If human
remains and/or grave goods are discovered or recognized at the
Project Site, all ground disturbance shall immediately cease,
and the county coroner shall be notified per Public Resources
Code Section 5097.98, and Health & Safety Code Section
7050.5. Human remains and grave/burial goods shall be treated
permits); during
grading
4.b
Packet Pg. 61 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 7 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
alike per California Public Resources Code section 5097.98(d)(1)
and (2). Work may continue in other parts of the Project site
while evaluation and, if necessary, mitigation takes place (CEQA
Guidelines Section 15064.5[f]). Preservation in place (i.e.,
avoidance) is the preferred manner of treatment. If
preservation in place is not feasible, treatment may include
implementation of archaeological data recovery excavations to
remove the resource along with subsequent laboratory
processing and analysis. Any historic archaeological material
that is not Native American in origin (non-TCR) shall be curated
at a public, non-profit institution with a research interest in the
materials, such as the Natural History Museum of Los Angeles
County or the Fowler Museum, if such an institution agrees to
accept the material. If no institution accepts the archaeological
material, it shall be offered to a local school or historical society
in the area for educational purposes.
MM GAB-2: Unanticipated Discovery of Human Remains and
Associated Funerary Objects: Native American human remains
are defined in PRC 5097.98 (d)(1) as an inhumation or
cremation, and in any state of decomposition or skeletal
completeness. Funerary objects, called associated grave goods
in PRC 5097.98, are also to be treated according to this statute.
Health and Safety Code 7050.5 dictates that any discoveries of
human skeletal material shall be immediately reported to the
County Coroner and excavation halted until the coroner has
determined the nature of the remains. If the coroner recognizes
the human remains to be those of a Native American or has
reason to believe that they are those of a Native American, he
or she shall contact, by telephone within 24 hours, the NAHC
and PRC 5097.98 shall be followed.
During ground
disturbance
Reported to the
County Coroner
Community &
Economic
Development
Department
4.b
Packet Pg. 62 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 8 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
MM GAB-3: Resource Assessment & Continuation of Work
Protocol: Upon discovery of human remains, the tribal and/or
archaeological monitor/consultant/consultant will immediately
divert work at minimum of 100 feet and place an exclusion zone
around the discovery location. The monitor/consultant(s) will
then notify the Tribe, the qualified lead archaeologist, and the
construction manager who will call the coroner. Work will
continue to be diverted while the coroner determines whether
the remains are human and subsequently Native American. The
discovery is to be kept confidential and secure to prevent any
further disturbance. If the finds are determined to be Native
American, the coroner will notify the NAHC as mandated by
state law who will then appoint a Most Likely Descendent
(MLD).
During ground
disturbance
Divert work at
minimum of 100
feet and place an
exclusion zone
around the
discovery
location.
Community &
Economic
Development
Department
MM GAB-4: Kizh-Gabrieleno Procedures for burials and
funerary remains: If the Gabrieleno Band of Mission Indians –
Kizh Nation is designated MLD, the Koo-nas-gna Burial Policy
shall be implemented. To the Tribe, the term “human remains”
encompasses more than human bones. In ancient as well as
historic times, Tribal Traditions included, but were not limited
to, the preparation of the soil for burial, the burial of funerary
objects with the deceased, and the ceremonial burning of
human remains. The prepared soil and cremation soils are to be
treated in the same manner as bone fragments that remain
intact. Associated funerary objects are objects that, as part of
the death rite or ceremony of a culture, are reasonably believed
to have been placed with individual human remains either at
the time of death or later; other items made exclusively for
burial purposes or to contain human remains can also be
considered as associated funerary objects.
During ground
disturbance-
Develop Tribal
Monitoring Plan;
Site monitoring
Community &
Economic
Development
Department
4.b
Packet Pg. 63 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 9 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
MM GAB-5: Treatment Measures: Prior to the continuation of
ground disturbing activities, the landowner shall arrange a
designated site location within the footprint of the project for
the respectful reburial of the human remains and/or
ceremonial objects. In the case where discovered human
remains cannot be fully documented and recovered on the
same day, the remains will be covered with muslin cloth and a
steel plate that can be moved by heavy equipment placed over
the excavation opening to protect the remains. If this type of
steel plate is not available, a 24-hour guard should be posted
outside of working hours. The Tribe will make every effort to
recommend diverting the project and keeping the remains in
situ and protected. If the project cannot be diverted, it may be
determined that burials will be removed. The Tribe will work
closely with the qualified archaeologist to ensure that the
excavation is treated carefully, ethically and respectfully. If data
recovery is approved by the Tribe, documentation shall be
taken which includes at a minimum detailed descriptive notes
and sketches. Additional types of documentation shall be
approved by the Tribe for data recovery purposes. Cremations
will either be removed in bulk or by means as necessary to
ensure completely recovery of all material. If the discovery of
human remains includes four or more burials, the location is
considered a cemetery and a separate treatment plan shall be
created. Once complete, a final report of all activities is to be
submitted to the Tribe and the NAHC. The Tribe does NOT
authorize any scientific study or the utilization of any invasive
and/or destructive diagnostics on human remains.
Each occurrence of human remains and associated funerary
objects will be stored using opaque cloth bags. All human
remains, funerary objects, sacred objects and objects of
cultural patrimony will be removed to a secure container on site
Prior to
continuation of
ground
disturbance-
related activities.
Develop Tribal
Monitoring Plan;
Site monitoring
Community &
Economic
Development
Department
4.b
Packet Pg. 64 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 10 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
if possible. These items should be retained and reburied within
six months of recovery. The site of reburial/repatriation shall be
on the project site but at a location agreed upon between the
Tribe and the landowner at a site to be protected in perpetuity.
There shall be no publicity regarding any cultural materials
recovered.
MM GAB-6: Professional Standards: Native American and
Archaeological monitoring during construction projects will be
consistent with current professional standards. All feasible care
to avoid any unnecessary disturbance, physical modification, or
separation of TCR’s shall be taken. The Native American
monitor must be approved by the Gabrieleno Band of Mission
Indians-Kizh Nation. Principal personnel for Archaeology must
meet the Secretary of Interior standards for archaeology and
have a minimum of 10 years of experience as a principal
investigator working with Native American archaeological sites
in southern California.
Prior to the
issuance of any
ground
disturbance-
related permits
(such as grading
permits); during
grading
Develop Tribal
Monitoring Plan;
Site monitoring
Community &
Economic
Development
Department
4.b
Packet Pg. 65 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
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
4.c
Packet Pg. 66 Attachment: CED.GPA19-03.FOISY.A1.Resolution.ExhibitB (6950 : Foisy East Project (Ward 3))
ORDINANCE NO. 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, the October 7, 2020 public hearing on the Project was continued to October
21, 2020 to respond to public comments received on October 7, 2020; and
4.d
Packet Pg. 67 Attachment: CED.GPA19-03.FOISY.A2.Ordinance (6950 : Foisy East Project (Ward 3))
Ordinance No. MC-1546
2
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 19.74 (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
4.d
Packet Pg. 68 Attachment: CED.GPA19-03.FOISY.A2.Ordinance (6950 : Foisy East Project (Ward 3))
Ordinance No. MC-1546
3
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
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.
4.d
Packet Pg. 69 Attachment: CED.GPA19-03.FOISY.A2.Ordinance (6950 : Foisy East Project (Ward 3))
Ordinance No. MC-1546
4
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 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 an y one or
4.d
Packet Pg. 70 Attachment: CED.GPA19-03.FOISY.A2.Ordinance (6950 : Foisy East Project (Ward 3))
Ordinance No. MC-1546
5
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.
SECTION 9. Custodian of Record. 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.
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.d
Packet Pg. 71 Attachment: CED.GPA19-03.FOISY.A2.Ordinance (6950 : Foisy East Project (Ward 3))
Ordinance No. MC-1546
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
Ordinance No. MC-1546, introduced by the City Council of the Cit y of San Bernardino,
California, at a regular meeting held the ___ day of _______________, 2020. Ordinance No.
MC-1546 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
4.d
Packet Pg. 72 Attachment: CED.GPA19-03.FOISY.A2.Ordinance (6950 : Foisy East Project (Ward 3))
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
4.e
Packet Pg. 73 Attachment: CED.GPA19-03.FOISY.A2.Ordinance.ExhibitA (6950 : Foisy East Project (Ward 3))
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 APPROXIMETELY 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
4.f
Packet Pg. 74 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
2
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, the October 7, 2020 public hearing on the Project was continued to October
21, 2020 to respond to public comments received on October 7, 2020; 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.
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; and
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.
4.f
Packet Pg. 75 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
3
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. 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
4.f
Packet Pg. 76 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
4
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.
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 relocated, as
necessary.
SECTION 4. Findings of Fact – Development Permit Type-D 19-13.
4.f
Packet Pg. 77 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
5
Finding No. 1: The proposed development is permitted within the subject zoning district
and complies with all applicable provisions of the Development Code,
including prescribed site development standards and applicable design
guidelines.
Finding of Fact: 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
4.f
Packet Pg. 78 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
6
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.
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.
4.f
Packet Pg. 79 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
7
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
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
4.f
Packet Pg. 80 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
8
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
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 21, 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 21, 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
4.f
Packet Pg. 81 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
9
project complies with all Development Code provisions in effect at the time of the requested
extension.
5. In the event this approval is legally challenged, the City will promptly notify the applicant of
any claim, action, or proceeding and will fully cooperate in the defense of this matter. Once
notified, the applicant agrees to defend, indemnify, and hold harmless the City of San
Bernardino (“City”), any departments, agencies, divisions, boards, and/or commissions of the
City, and any predecessors, successors, assigns, agents, directors, elected officials, officers,
employees, representatives, and attorneys of the City from any claim, action, or proceeding
against any of the foregoing persons or entities. The applicant further agrees to reimburse the
City for any costs or attorneys’ fees, which the City may be required by a court to pay as a
result of such action, but such participation shall not relieve applicant of his or her obligation
under this condition.
The costs, salaries, and expenses of the City Attorney and employees of his office shall be
considered “attorneys’ fees” for purposes of this condition. As part of the consideration for
issuing this Development Permit, this condition shall remain in effect if the Development
Permit is rescinded or revoked, whether or not at the request of applicant.
Planning Division
6. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No
construction vehicles, equipment, or employees may be delivered to, or arrive at, the
construction site before 7:00 am or leave the site after 8:00 pm.
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.
4.f
Packet Pg. 82 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
10
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
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
4.f
Packet Pg. 83 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
11
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.
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.
4.f
Packet Pg. 84 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
12
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.
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 accessible
parking spaces. Therefore, continuous 6” high curb shall be used around planter areas
and areas where head in parking is adjacent to walkways. The parking spaces may be
16.5’ deep and may overhang the landscaping or walkway by 2.5’. Overhang into the
setback area or into an ADA path of travel (minimum 4’ wide) is not permitted.
i) 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.
4.f
Packet Pg. 85 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
13
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).
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 si gned 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
4.f
Packet Pg. 86 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
14
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.
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.
4.f
Packet Pg. 87 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
15
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.
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.
4.f
Packet Pg. 88 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
16
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.
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.
4.f
Packet Pg. 89 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
17
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 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),
4.f
Packet Pg. 90 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
18
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.
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.
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.
4.f
Packet Pg. 91 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
19
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.
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
4.f
Packet Pg. 92 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
20
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.
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
4.f
Packet Pg. 93 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
21
requirements and all applicable status, codes, ordinances and standards of the Fire
Department.
48. An approved Fire Department key box is required. In commercial, industrial 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 or plan to store hazardous or
flammable materials in all locations deemed appropriate by the Fire Department. Additional
placards shall be required inside the buildings when chemicals are segregated into separate
areas. Any business with an N.F.P.A. 704 rating of 2-3-3 or above shall be required to install
an approved key box vault on the premises, which shall contain business access keys and a
business plan.
50. Where an automatic electric security gate is used, an approved Fire Department override
switch (Knox ®) is required.
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.
4.f
Packet Pg. 94 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
22
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
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.
4.f
Packet Pg. 95 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
23
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
any one or more subsections, subdivisions, sentences, clauses, or phrases be declared
unconstitutional, invalid, or ineffective.
SECTION 8. Custodian of Record. 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.
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.f
Packet Pg. 96 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
Resolution No. 2020-237
24
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
4.f
Packet Pg. 97 Attachment: CED.GPA19-03.FOISY.A3.Resolution (6950 : Foisy East Project (Ward 3))
4.gPacket Pg. 98Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
OFFICIAL USE ONLYPROJECT DATAVICINITY MAP18'4#..5+6'2.#0DAB-A1.1Property OwnerAddress of the PropertyAssessor's Parcel NumberApplicantApplicant's RepresentativeZoningOwner:Project:Consultants:2TQLGEV0WODGT 4GXKUKQP &CVG &TCYPD[ 6KVNG 5JGGV %+8+.5647%674#./'%*#0+%#.2.7/$+0)'.'%64+%#..#0&5%#2'51+.5'0)+0''4(+4'2416'%6+10%4HCZ VGN GOCKN JRC"JRCTEJUEQOKTXKPGECDCTFGGPCXGPWGÄUVGJRCKPEÄÄÄÄÄÄÄÄ/CE#TVJWT$NXF5WKVG0GYRQTV$GCEJ%#
4'&##ESWKUKVKQPU..%/#0)01
;
.+%
'
0
5'%*+6'%656#6'1(%#.+(14
0+#'4'0'9#.ÄÄ%Ä5#0$'40#4&+01%#%'064#.#8'%'064#.#8' (1+5;#8' (1+5;#8'SITE PLAN GENERAL NOTESSITE PLAN KEYNOTESSITESITE PLAN GENERAL NOTES4.gPacket Pg. 99Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
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
Y
L I C
E
N
SEDARCHITECTSTATEOFCALI
FOR
NIADATERENEWAL3-31-21C-29451SAN BERNARDINO, CACENTRAL AVE.CENTRAL AVE. & FOISY AVE.& FOISY AVE.KETNOTES - FLOOR PLANGENERAL NOTES-FLOOR PLANFLOOR SLAB AND POUR STRIPS REQ.4.gPacket Pg. 100Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
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
Y
L I C
E
N
SEDARCHITECTSTATEOFCALI
FOR
NIADATERENEWAL3-31-21C-29451SAN BERNARDINO, CACENTRAL AVE.CENTRAL AVE. & FOISY AVE.& FOISY AVE.KEYNOTES - ELEVATIONSGENERAL NOTES - ELEVATIONSCOLOR SCHED. - ELEVATIONSGLAZING LEGEND4.gPacket Pg. 101Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
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
Y
L I C
E
N
SEDARCHITECTSTATEOFCALI
FOR
NIADATERENEWAL3-31-21C-29451SAN BERNARDINO, CACENTRAL AVE.CENTRAL AVE. & FOISY AVE.& FOISY AVE.KEYNOTES - ELEVATIONSGENERAL NOTES - ELEVATIONSCOLOR SCHED. - ELEVATIONSGLAZING LEGEND4.gPacket Pg. 102Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitA (6950 : Foisy East Project (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
Y
L IC
E
N
SEDARCHITECTSTATEOFCALI
FOR
NIADATERENEWAL3-31-21C-29451SAN BERNARDINO, CACENTRAL AVE.CENTRAL AVE. & FOISY AVE.& FOISY AVE.4.gPacket Pg. 103Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitA (6950 : Foisy East Project (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 92870N10.25.194.gPacket Pg. 104Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitA (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 1 October 14, 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 &
Economic
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
During ground-
disturbing
activities
Site monitoring Qualified
Archaeologist
4.h
Packet Pg. 105 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 2 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
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 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 &
Economic
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:
During
construction
Site monitoring
Qualified
Paleontologist
4.h
Packet Pg. 106 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 3 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
1) Upon discovery of an unearthed fossil, earthwork within
the vicinity 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.
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
Site Inspection
Site Monitoring
Qualified
Paleontologist
Qualified
Paleontologist
Archaeological
Monitor, Tribal
monitor
Qualified
Paleontologist
Qualified
Paleontologist
4.h
Packet Pg. 107 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 4 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
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.
Hazards and Hazardous Materials
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 guide lines and standards to avoid increased
exposure to these pollutants.
Prior to
construction
start
Develop
Hazardous Spill
Prevention plan
Community &
Economic
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 &
Economic
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 &
Economic
Development
Department
Construction
Manager
4.h
Packet Pg. 108 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 5 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
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
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.
Prior to the
issuance of any
ground
disturbance-
related permits
(such as grading
permits); during
grading.
Develop Tribal
Monitoring Plan;
Site monitoring
Develop Cultural
Resource
Monitoring and
Treatment Plan
Archaeological
Monitor, Tribal
monitor, and
Community &
Economic
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 &
Economic
Development
Department
MM GAB-1: Retain a Native American Monitor/Consultant:
Prior to the commencement of any ground disturbing activity
at the project site, the project applicant shall retain a Native
American Monitor approved by the Gabrieleno Band of Mission
Indians-Kizh Nation – the tribe that consulted on this project
pursuant to Assembly Bill AB52 - SB18 (the “Tribe” or the
Prior to the
issuance of any
ground
disturbance-
related permits
(such as grading
Develop Tribal
Monitoring Plan;
Site monitoring
Community &
Economic
Development
Department
4.h
Packet Pg. 109 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 6 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
“Consulting Tribe”). A copy of the executed contract shall be
submitted to the Lead Agency prior to the issuance of any
permit necessary to commence a ground- disturbing activity.
The Tribal monitor will only be present on-site during the
construction phases that involve ground-disturbing activities.
Ground disturbing activities are defined by the Tribe as
activities that may include, but are not limited to, pavement
removal, potholing or auguring, grubbing, tree removals,
boring, grading, excavation, drilling, and trenching, within the
project area. The Tribal Monitor will complete daily monitoring
logs that will provide descriptions of the day’s activities,
including construction activities, locations, soil, and any cultural
materials identified. The on-site monitoring shall end when all
ground-disturbing activities on the Project Site are completed,
or when the Tribal Representatives and Tribal Monitor have
indicated that all upcoming ground-disturbing activities at the
Project Site have little to no potential for impacting Tribal
Cultural Resources. Upon discovery of any Tribal Cultural
Resources, construction activities shall cease in the immediate
vicinity of the find (not less than the surrounding 50 feet) until
the find can be assessed. All Tribal Cultural Resources
unearthed by project activities shall be evaluated by the Tribal
monitor approved by the Consulting Tribe and a qualified
archaeologist if one is present. If the resources are Native
American in origin, the Consulting Tribe will retain it/them in
the form and/or manner the Tribe deems appropriate, for
educational, cultural and/or historic purposes. If human
remains and/or grave goods are discovered or recognized at the
Project Site, all ground disturbance shall immediately cease,
and the county coroner shall be notified per Public Resources
Code Section 5097.98, and Health & Safety Code Section
7050.5. Human remains and grave/burial goods shall be treated
permits); during
grading
4.h
Packet Pg. 110 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 7 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
alike per California Public Resources Code section 5097.98(d)(1)
and (2). Work may continue in other parts of the Project site
while evaluation and, if necessary, mitigation takes place (CEQA
Guidelines Section 15064.5[f]). Preservation in place (i.e.,
avoidance) is the preferred manner of treatment. If
preservation in place is not feasible, treatment may include
implementation of archaeological data recovery excavations to
remove the resource along with subsequent laboratory
processing and analysis. Any historic archaeological material
that is not Native American in origin (non-TCR) shall be curated
at a public, non-profit institution with a research interest in the
materials, such as the Natural History Museum of Los Angeles
County or the Fowler Museum, if such an institution agrees to
accept the material. If no institution accepts the archaeological
material, it shall be offered to a local school or historical society
in the area for educational purposes.
MM GAB-2: Unanticipated Discovery of Human Remains and
Associated Funerary Objects: Native American human remains
are defined in PRC 5097.98 (d)(1) as an inhumation or
cremation, and in any state of decomposition or skeletal
completeness. Funerary objects, called associated grave goods
in PRC 5097.98, are also to be treated according to this statute.
Health and Safety Code 7050.5 dictates that any discoveries of
human skeletal material shall be immediately reported to the
County Coroner and excavation halted until the coroner has
determined the nature of the remains. If the coroner recognizes
the human remains to be those of a Native American or has
reason to believe that they are those of a Native American, he
or she shall contact, by telephone within 24 hours, the NAHC
and PRC 5097.98 shall be followed.
During ground
disturbance
Reported to the
County Coroner
Community &
Economic
Development
Department
4.h
Packet Pg. 111 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 8 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
MM GAB-3: Resource Assessment & Continuation of Work
Protocol: Upon discovery of human remains, the tribal and/or
archaeological monitor/consultant/consultant will immediately
divert work at minimum of 100 feet and place an exclusion zone
around the discovery location. The monitor/consultant(s) will
then notify the Tribe, the qualified lead archaeologist, and the
construction manager who will call the coroner. Work will
continue to be diverted while the coroner determines whether
the remains are human and subsequently Native American. The
discovery is to be kept confidential and secure to prevent any
further disturbance. If the finds are determined to be Native
American, the coroner will notify the NAHC as mandated by
state law who will then appoint a Most Likely Descendent
(MLD).
During ground
disturbance
Divert work at
minimum of 100
feet and place an
exclusion zone
around the
discovery
location.
Community &
Economic
Development
Department
MM GAB-4: Kizh-Gabrieleno Procedures for burials and
funerary remains: If the Gabrieleno Band of Mission Indians –
Kizh Nation is designated MLD, the Koo-nas-gna Burial Policy
shall be implemented. To the Tribe, the term “human remains”
encompasses more than human bones. In ancient as well as
historic times, Tribal Traditions included, but were not limited
to, the preparation of the soil for burial, the burial of funerary
objects with the deceased, and the ceremonial burning of
human remains. The prepared soil and cremation soils are to be
treated in the same manner as bone fragments that remain
intact. Associated funerary objects are objects that, as part of
the death rite or ceremony of a culture, are reasonably believed
to have been placed with individual human remains either at
the time of death or later; other items made exclusively for
burial purposes or to contain human remains can also be
considered as associated funerary objects.
During ground
disturbance-
Develop Tribal
Monitoring Plan;
Site monitoring
Community &
Economic
Development
Department
4.h
Packet Pg. 112 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 9 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
MM GAB-5: Treatment Measures: Prior to the continuation of
ground disturbing activities, the landowner shall arrange a
designated site location within the footprint of the project for
the respectful reburial of the human remains and/or
ceremonial objects. In the case where discovered human
remains cannot be fully documented and recovered on the
same day, the remains will be covered with muslin cloth and a
steel plate that can be moved by heavy equipment placed over
the excavation opening to protect the remains. If this type of
steel plate is not available, a 24-hour guard should be posted
outside of working hours. The Tribe will make every effort to
recommend diverting the project and keeping the remains in
situ and protected. If the project cannot be diverted, it may be
determined that burials will be removed. The Tribe will work
closely with the qualified archaeologist to ensure that the
excavation is treated carefully, ethically and respectfully. If data
recovery is approved by the Tribe, documentation shall be
taken which includes at a minimum detailed descriptive notes
and sketches. Additional types of documentation shall be
approved by the Tribe for data recovery purposes. Cremations
will either be removed in bulk or by means as necessary to
ensure completely recovery of all material. If the discovery of
human remains includes four or more burials, the location is
considered a cemetery and a separate treatment plan shall be
created. Once complete, a final report of all activities is to be
submitted to the Tribe and the NAHC. The Tribe does NOT
authorize any scientific study or the utilization of any invasive
and/or destructive diagnostics on human remains.
Each occurrence of human remains and associated funerary
objects will be stored using opaque cloth bags. All human
remains, funerary objects, sacred objects and objects of
cultural patrimony will be removed to a secure container on site
Prior to
continuation of
ground
disturbance-
related activities.
Develop Tribal
Monitoring Plan;
Site monitoring
Community &
Economic
Development
Department
4.h
Packet Pg. 113 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
Page 10 October 14, 2020
Mitigation Measures (M Ms)
Implementation
Timing
Monitoring/
Reporting
Methods
Responsible for
Approval/
Monitoring
Verification
Date Initials
if possible. These items should be retained and reburied within
six months of recovery. The site of reburial/repatriation shall be
on the project site but at a location agreed upon between the
Tribe and the landowner at a site to be protected in perpetuity.
There shall be no publicity regarding any cultural materials
recovered.
MM GAB-6: Professional Standards: Native American and
Archaeological monitoring during construction projects will be
consistent with current professional standards. All feasible care
to avoid any unnecessary disturbance, physical modification, or
separation of TCR’s shall be taken. The Native American
monitor must be approved by the Gabrieleno Band of Mission
Indians-Kizh Nation. Principal personnel for Archaeology must
meet the Secretary of Interior standards for archaeology and
have a minimum of 10 years of experience as a principal
investigator working with Native American archaeological sites
in southern California.
Prior to the
issuance of any
ground
disturbance-
related permits
(such as grading
permits); during
grading
Develop Tribal
Monitoring Plan;
Site monitoring
Community &
Economic
Development
Department
4.h
Packet Pg. 114 Attachment: CED.GPA19-03.FOISY.A3.Resolution.ExhibitB (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 115 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 116 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 117 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 118 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 119 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project– Final IS/MND
August 27, 2020
Page 4
South Coast Air Quality Management District Comment Letter
4.i
Packet Pg. 120 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project– Final IS/MND
August 27, 2020
Page 5
4.i
Packet Pg. 121 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project– Final IS/MND
August 27, 2020
Page 6
4.i
Packet Pg. 122 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project– Final IS/MND
August 27, 2020
Page 7
4.i
Packet Pg. 123 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 124 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 125 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project– Final IS/MND
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.
4.i
Packet Pg. 126 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project– Final IS/MND
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
4.i
Packet Pg. 127 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project– Final IS/MND
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.
4.i
Packet Pg. 128 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 129 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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)
4.i
Packet Pg. 130 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 131 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project– Final IS/MND
August 27, 2020
APPENDIX A
Affidavit of Distribution
4.i
Packet Pg. 132 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
4.i
Packet Pg. 133 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
4.i
Packet Pg. 134 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
4.iPacket Pg. 135Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 136 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 137 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 138 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 139 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
$442.20
$442.20
Notice Type:
Ad Description
COPY OF NOTICE
3376115
!A000005441422!
The charge(s) for this order is as follows. An invoice will be sent after the last
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.
4.i
Packet Pg. 140 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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#
4.i
Packet Pg. 141 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project– Final IS/MND
August 27, 2020
APPENDIX B
Mitigation Monitoring and Reporting Program
4.i
Packet Pg. 142 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 143 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
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
4.i
Packet Pg. 144 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Mitigation Monitoring and Reporting Program
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
4.i
Packet Pg. 145 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
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
4.i
Packet Pg. 146 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
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
4.i
Packet Pg. 147 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project– Final IS/MND
August 27, 2020
APPENDIX C
Public Draft IS/MND
4.i
Packet Pg. 148 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 149 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
4.i
Packet Pg. 150 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 151 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 152 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 153 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
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
4.i
Packet Pg. 154 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
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
4.i
Packet Pg. 155 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page vi June 2020
This page intentionally left blank.
4.i
Packet Pg. 156 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 157 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 2 June 2020
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.
4.i
Packet Pg. 158 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 3 June 2020
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
4.i
Packet Pg. 159 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 4 June 2020
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
4.i
Packet Pg. 160 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 5 June 2020
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
4.i
Packet Pg. 161 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 6 June 2020
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.
4.i
Packet Pg. 162 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 7 June 2020
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.
4.i
Packet Pg. 163 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 8 June 2020
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.
4.i
Packet Pg. 164 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 9 June 2020
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.
4.i
Packet Pg. 165 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 10 June 2020
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
4.i
Packet Pg. 166 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 11 June 2020
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.
4.i
Packet Pg. 167 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 12 June 2020
• 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.
4.i
Packet Pg. 168 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 169 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 14 June 2020
This page intentionally left blank.
4.i
Packet Pg. 170 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 171 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 16 June 2020
This page intentionally left blank.
4.i
Packet Pg. 172 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 173 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 18 June 2020
This page intentionally left blank.
4.i
Packet Pg. 174 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 175 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 20 June 2020
This page intentionally left blank.
4.i
Packet Pg. 176 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 177 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 22 June 2020
This page intentionally left blank.
4.i
Packet Pg. 178 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 179 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 24 June 2020
This page intentionally left blank.
4.i
Packet Pg. 180 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 181 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 26 June 2020
This page intentionally left blank.
4.i
Packet Pg. 182 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 183 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 28 June 2020
This page intentionally left blank.
4.i
Packet Pg. 184 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 185 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 30 June 2020
This page intentionally left blank.
4.i
Packet Pg. 186 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 187 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 32 June 2020
This page intentionally left blank.
4.i
Packet Pg. 188 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 189 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 34 June 2020
This page intentionally left blank.
4.i
Packet Pg. 190 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 191 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 36 June 2020
This page intentionally left blank.
4.i
Packet Pg. 192 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 193 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 38 June 2020
This page intentionally left blank.
4.i
Packet Pg. 194 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 195 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 196 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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).
4.i
Packet Pg. 197 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 198 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 199 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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
4.i
Packet Pg. 200 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
4.i
Packet Pg. 201 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
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
4.i
Packet Pg. 202 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 47 June 2020
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.
4.i
Packet Pg. 203 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 48 June 2020
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
4.i
Packet Pg. 204 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 49 June 2020
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.
4.i
Packet Pg. 205 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 50 June 2020
(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.
4.i
Packet Pg. 206 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 51 June 2020
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
4.i
Packet Pg. 207 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 52 June 2020
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
4.i
Packet Pg. 208 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 53 June 2020
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.
4.i
Packet Pg. 209 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 54 June 2020
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
4.i
Packet Pg. 210 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 55 June 2020
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
4.i
Packet Pg. 211 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 56 June 2020
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
4.i
Packet Pg. 212 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 57 June 2020
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
4.i
Packet Pg. 213 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 58 June 2020
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.
4.i
Packet Pg. 214 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 59 June 2020
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
4.i
Packet Pg. 215 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 60 June 2020
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
4.i
Packet Pg. 216 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 61 June 2020
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)
4.i
Packet Pg. 217 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 62 June 2020
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.
4.i
Packet Pg. 218 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 63 June 2020
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)
4.i
Packet Pg. 219 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 64 June 2020
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
4.i
Packet Pg. 220 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 65 June 2020
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.
4.i
Packet Pg. 221 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 66 June 2020
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?
4.i
Packet Pg. 222 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 67 June 2020
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.
4.i
Packet Pg. 223 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 68 June 2020
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.
4.i
Packet Pg. 224 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 69 June 2020
(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
4.i
Packet Pg. 225 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 70 June 2020
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.
4.i
Packet Pg. 226 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 71 June 2020
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
4.i
Packet Pg. 227 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 72 June 2020
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
4.i
Packet Pg. 228 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 73 June 2020
(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.
4.i
Packet Pg. 229 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 74 June 2020
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.
4.i
Packet Pg. 230 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 75 June 2020
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
4.i
Packet Pg. 231 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 76 June 2020
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.
4.i
Packet Pg. 232 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 77 June 2020
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.
4.i
Packet Pg. 233 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 78 June 2020
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 .
4.i
Packet Pg. 234 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 79 June 2020
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.
4.i
Packet Pg. 235 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 80 June 2020
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.
4.i
Packet Pg. 236 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 81 June 2020
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.
4.i
Packet Pg. 237 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 82 June 2020
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.
4.i
Packet Pg. 238 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 83 June 2020
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.
4.i
Packet Pg. 239 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 84 June 2020
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.
4.i
Packet Pg. 240 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 85 June 2020
• 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
4.i
Packet Pg. 241 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 86 June 2020
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.
4.i
Packet Pg. 242 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 87 June 2020
(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.
4.i
Packet Pg. 243 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 88 June 2020
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.
4.i
Packet Pg. 244 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 89 June 2020
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.
4.i
Packet Pg. 245 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 90 June 2020
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)).
4.i
Packet Pg. 246 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 91 June 2020
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
4.i
Packet Pg. 247 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 92 June 2020
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
4.i
Packet Pg. 248 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 93 June 2020
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.
4.i
Packet Pg. 249 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 94 June 2020
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.
4.i
Packet Pg. 250 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 95 June 2020
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.
4.i
Packet Pg. 251 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 96 June 2020
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.
4.i
Packet Pg. 252 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 97 June 2020
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
4.i
Packet Pg. 253 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 98 June 2020
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.
4.i
Packet Pg. 254 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 99 June 2020
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
4.i
Packet Pg. 255 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 100 June 2020
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.
4.i
Packet Pg. 256 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 101 June 2020
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.
4.i
Packet Pg. 257 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 102 June 2020
• 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.
4.i
Packet Pg. 258 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 103 June 2020
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
4.i
Packet Pg. 259 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 104 June 2020
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).
4.i
Packet Pg. 260 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 105 June 2020
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.
4.i
Packet Pg. 261 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 106 June 2020
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
4.i
Packet Pg. 262 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 107 June 2020
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
4.i
Packet Pg. 263 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 108 June 2020
(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.
4.i
Packet Pg. 264 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 109 June 2020
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)
4.i
Packet Pg. 265 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 110 June 2020
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)
4.i
Packet Pg. 266 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 111 June 2020
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
4.i
Packet Pg. 267 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 112 June 2020
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.
4.i
Packet Pg. 268 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 113 June 2020
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.
4.i
Packet Pg. 269 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 114 June 2020
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)
4.i
Packet Pg. 270 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 115 June 2020
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
4.i
Packet Pg. 271 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 116 June 2020
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.
4.i
Packet Pg. 272 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 117 June 2020
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.
4.i
Packet Pg. 273 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 118 June 2020
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.
4.i
Packet Pg. 274 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 119 June 2020
(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.
4.i
Packet Pg. 275 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 120 June 2020
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
4.i
Packet Pg. 276 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 121 June 2020
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.
4.i
Packet Pg. 277 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 122 June 2020
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.
4.i
Packet Pg. 278 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 123 June 2020
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.
4.i
Packet Pg. 279 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 124 June 2020
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.
4.i
Packet Pg. 280 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 125 June 2020
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).
4.i
Packet Pg. 281 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 126 June 2020
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.
4.i
Packet Pg. 282 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 127 June 2020
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.
4.i
Packet Pg. 283 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 128 June 2020
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.
4.i
Packet Pg. 284 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 129 June 2020
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)
4.i
Packet Pg. 285 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 130 June 2020
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
4.i
Packet Pg. 286 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 131 June 2020
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.
4.i
Packet Pg. 287 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 132 June 2020
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.
4.i
Packet Pg. 288 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 133 June 2020
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.
4.i
Packet Pg. 289 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 134 June 2020
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.
4.i
Packet Pg. 290 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 135 June 2020
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
4.i
Packet Pg. 291 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 136 June 2020
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.
4.i
Packet Pg. 292 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 137 June 2020
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.
4.i
Packet Pg. 293 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 138 June 2020
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.
4.i
Packet Pg. 294 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 139 June 2020
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.
4.i
Packet Pg. 295 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 140 June 2020
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.
4.i
Packet Pg. 296 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 141 June 2020
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.
4.i
Packet Pg. 297 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 142 June 2020
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
4.i
Packet Pg. 298 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 143 June 2020
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
4.i
Packet Pg. 299 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 144 June 2020
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.
4.i
Packet Pg. 300 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 145 June 2020
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
4.i
Packet Pg. 301 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 146 June 2020
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).
4.i
Packet Pg. 302 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 147 June 2020
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
4.i
Packet Pg. 303 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 148 June 2020
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
4.i
Packet Pg. 304 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 149 June 2020
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
4.i
Packet Pg. 305 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 150 June 2020
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
4.i
Packet Pg. 306 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 151 June 2020
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.
4.i
Packet Pg. 307 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 152 June 2020
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.
4.i
Packet Pg. 308 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 153 June 2020
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
4.i
Packet Pg. 309 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 154 June 2020
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
4.i
Packet Pg. 310 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 155 June 2020
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.
4.i
Packet Pg. 311 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 156 June 2020
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.
4.i
Packet Pg. 312 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 157 June 2020
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.
4.i
Packet Pg. 313 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 158 June 2020
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
4.i
Packet Pg. 314 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 159 June 2020
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
4.i
Packet Pg. 315 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 160 June 2020
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.
4.i
Packet Pg. 316 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 161 June 2020
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.
4.i
Packet Pg. 317 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 162 June 2020
(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
4.i
Packet Pg. 318 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 163 June 2020
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.
4.i
Packet Pg. 319 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 164 June 2020
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
4.i
Packet Pg. 320 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 165 June 2020
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
4.i
Packet Pg. 321 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 166 June 2020
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.
4.i
Packet Pg. 322 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 167 June 2020
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.
4.i
Packet Pg. 323 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 168 June 2020
(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.
4.i
Packet Pg. 324 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 169 June 2020
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.
4.i
Packet Pg. 325 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 170 June 2020
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.
4.i
Packet Pg. 326 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 171 June 2020
(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.
4.i
Packet Pg. 327 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 172 June 2020
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.
4.i
Packet Pg. 328 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 173 June 2020
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.
4.i
Packet Pg. 329 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 174 June 2020
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.
4.i
Packet Pg. 330 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 175 June 2020
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.
4.i
Packet Pg. 331 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 176 June 2020
(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.
4.i
Packet Pg. 332 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Foisy East Project
City of San Bernardino Initial Study/Mitigated Negative Declaration
Page 177 June 2020
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.
4.i
Packet Pg. 333 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
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.
https://maps.conservation.ca.gov/dlrp/ciff/, accessed on December 18, 2019.
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.
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
Jericho Systems. 2019. Biological Resources Assessment / Jurisdictional Delineation.
NRCS. 2019. Web Soil Survey. Available at
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx, accessed December 20, 2019.
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
Design Capture Volume.
-----. October 2019. Due Diligence Report.
4.i
Packet Pg. 334 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
kimley-horn.com 3880 Lemon Street, Suite 420, Riverside, CA 92501 951 335 8215
1
October 14, 2020
City of San Bernardino
201 North E Street, 3rd Floor
San Bernardino, CA 92401
Travis Martin
RE: SUPPLEMENTAL ERRATA TO THE FOISY EAST PROJECT – FINAL IS/MND
This Supplemental Errata to the Final Foisy East Initial Study/Mitigated Negative Declaration (IS/MND)
includes minor edits in response to the Gabrieleno Band of Mission Indians – Kizh Nation request received
on October 7, 2020. The comment letter (a portion of which provided in this Supplemental Errata as
Attachment 1) requested six additional Tribal Cultural Resource “mitigation” measures, in addition to
those already included in the IS/MND in response to tribal consultation with the San Manuel Band of
Mission Indians, as noted below. The Gabrieleno Band of Mission Indians – Kizh Nation’s (Tribe) October
7, 2020 comment letter also included information which the Tribe has requested be kept confidential as
part of AB52 and included and kept in a confidential appendix to be mentioned in the public document
but not included. Accordingly, the City has prepared a confidential appendix which shall be available for
use to City staff associated to the Project, but no entity outside of the Project.
The new measures are referenced as GAB-1 through GAB-6.Pursuant to CEQA Guidelines §15073.5, the
additional “mitigation” measures do not require recirculation of the Final IS/MND, nor do they require
substantial revisions to the Final IS/MND, as these measures do not identify a new or substantially more
severe environmental impact. The Cultural Resources Assessment has been prepared by BCR Consulting,
LLC., December 26, 2019, did not indicate sensitivity for cultural resources (historical or archaeological)
within the Project boundaries. The site is already developed, and although no significant impact related
to archaeological or historical resources is anticipated, mitigation measures CUL-1 through CUL-3 are
imposed in an abundance of caution to address the potential of ground-disturbing activities to reveal
buried deposits not observed on the surface during previous surveys. With these measures and the
standard tribal cultural resource measures requested by the SMBMI, impacts to cultural resources and
tribal cultural resources were determined to be less than significant with mitigation. The Tribe has not
identified any specific cultural resources on site, or any new potentially significant impacts, and therefore
the Tribe’s comment letter does not affect the conclusions of the IS/MND. The mitigations requested by
the Tribe further specify monitoring and treatment in case of the potential discovery of tribal cultural
resources. Accordingly, the additional measures imposed by the City on the Project at the Tribe’s request,
further reduce the already insignificant impacts that the Project may have. The Applicant will sign the
Tribal Monitoring Agreement prior to any ground-disturbing activities as required by MM GAB-1, below.
The supplemental errata show deleted text as “strikeout” text, and new text is shown as underlined/italics
and in red. These modifications represent minor corrections that clarify or amplify information in the
4.i
Packet Pg. 335 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
SUPPLEMENTAL ERRATA TO THE FOISY EAST PROJECT FINAL IS/MND
October 14, 2020
kimley-horn.com 3880 Lemon Street, Suite 420, Riverside, CA 92501 951 335 8215
2
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.
Section 18, Tribal Cultural Resources, Page 164 and 165 of the Draft 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
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 cul tural resource
mitigation measure language (reflected as TCR-1 and TCR-2 in the current MND). The Gabrieleno
Band of Mission Indians requested further consultation.
Gabrieleno consultation was initiated prior to release of the Draft IS/MND and continued through
the public review and hearing process. With receipt of, and with the City’s agreement to impose
the measures requested in, the Gabrieleno Tribe’s letter dated October 7, 2020, consultation has
now concluded with the applicable Native American tribes . The Gabrieleno specific mitigation
measures are incorporated and shown below as mitigation measures GAB-1 through GAB-6.”
Section 18, Tribal Cultural Resources, Page 166 of the Draft IS/MND (following MM TCR-2)
MM GAB-1 Retain a Native American Monitor/Consultant: Prior to the commencement of any
ground disturbing activity at the project site, the project applicant shall retain a
Native American Monitor approved by the Gabrieleno Band of Mission Indians -
Kizh Nation – the tribe that consulted on this project pursuant to Assembly Bill
AB52 - SB18 (the “Tribe” or the “Consulting Tribe”). A copy of the executed contract
shall be submitted to the Lead Agency prior to the issuance of any permit necessary
to commence a ground- disturbing activity. The Tribal monitor will only be present
on-site during the construction phases that involve ground -disturbing activities.
4.i
Packet Pg. 336 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
SUPPLEMENTAL ERRATA TO THE FOISY EAST PROJECT FINAL IS/MND
October 14, 2020
kimley-horn.com 3880 Lemon Street, Suite 420, Riverside, CA 92501 951 335 8215
3
Ground disturbing activities are defined by the Tribe as activities that may include,
but are not limited to, pavement removal, potholing or auguring, grubbing, tree
removals, boring, grading, excavation, drilling, and trenching, within the project
area. The Tribal Monitor will complete daily monitoring logs that will provide
descriptions of the day’s activities, including construction activit ies, locations, soil,
and any cultural materials identified. The on -site monitoring shall end when all
ground-disturbing activities on the Project Site are completed, or when the Tribal
Representatives and Tribal Monitor have indicated that all upcoming gr ound-
disturbing activities at the Project Site have little to no potential for impacting
Tribal Cultural Resources. Upon discovery of any Tribal Cultural Resources,
construction activities shall cease in the immediate vicinity of the find (not less
than the surrounding 50 feet) until the find can be assessed. All Tribal Cultural
Resources unearthed by project activities shall be evaluated by the Tribal monitor
approved by the Consulting Tribe and a qualified archaeologist if one is present. If
the resources are Native American in origin, the Consulting Tribe will retain it/them
in the form and/or manner the Tribe deems appropriate, for educational, cultural
and/or historic purposes. If human remains and/or grave goods are discovered or
recognized at the Project Site, all ground disturbance shall immediately cease, and
the county coroner shall be notified per Public Resources Code Section 5097.98,
and Health & Safety Code Section 7050.5. Human remains and grave/burial goods
shall be treated alike per Californi a Public Resources Code section 5097.98(d)(1)
and (2). Work may continue in other parts of the Project site while evaluation and,
if necessary, mitigation takes place (CEQA Guidelines Section 15064.5[f]).
Preservation in place (i.e., avoidance) is the preferred manner of treatment. If
preservation in place is not feasible, treatment may include implementation of
archaeological data recovery excavations to remove the resource along with
subsequent laboratory processing and analysis. Any historic archaeologic al
material that is not Native American in origin (non -TCR) shall be curated at a
public, non-profit institution with a research interest in the materials, such as the
Natural History Museum of Los Angeles County or the Fowler Museum, if such an
institution agrees to accept the material. If no institution accepts the
archaeological material, it shall be offered to a local school or historical society in
the area for educational purposes.
MM GAB-2 Unanticipated Discovery of Human Remains and Associated Funerary Objects:
Native American human remains are defined in PRC 5097.98 (d)(1) as an
inhumation or cremation, and in any state of decomposition or skeletal
completeness. Funerary objects, called associated grave goods in PRC 5097.98, are
also to be treated according to this statute. Health and Safety Code 7050.5 dictates
that any discoveries of human skeletal material shall be immediately reported to
the County Coroner and excavation halted until the coroner has determined the
nature of the remains. If the coroner recognizes the human remains to be those of
4.i
Packet Pg. 337 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
SUPPLEMENTAL ERRATA TO THE FOISY EAST PROJECT FINAL IS/MND
October 14, 2020
kimley-horn.com 3880 Lemon Street, Suite 420, Riverside, CA 92501 951 335 8215
4
a Native American or has reason to believe that they are those of a Native
American, he or she shall contact, by telephone within 24 hours, the NAHC and PRC
5097.98 shall be followed.
MM GAB-3 Resource Assessment & Continuation of Work Protocol: Upon discovery of human
remains, the tribal and/or archaeological monitor/consultant/consultant will
immediately divert work at minimum of 100 feet and place an exclusion zone
around the discovery location. The monitor/consultant(s) will then notify the Tribe,
the qualified lead archaeologist, and the construction manager who will call the
coroner. Work will continue to be diverted while the coroner determines whether
the remains are human and subsequently Native American. The discovery is to be
kept confidential and secure to prevent any further disturbance. If the finds are
determined to be Native American, the coroner will notify the NAHC as mandated
by state law who will then appoint a Most Likely Descendent (MLD).
MM GAB-4 Kizh-Gabrieleno Procedures for burials and funerary remains: If the
Gabrieleno Band of Mission Indians – Kizh Nation is designated MLD, the Koo-nas-
gna Burial Policy shall be implemented. To the Tribe, the term “human remains”
encompasses more than human bones. In ancient as well as historic times, Tribal
Traditions included, but were not limited to, the preparation of the soil for burial,
the burial of funerary objects with the deceased, and the ceremonial burning of
human remains. The prepared soil and cremation soils are to be treated in the
same manner as bone fragments that remain intact. Associated funerary objects
are objects that, as part of the death rite or ceremony of a culture, are reasonably
believed to have been placed with individual human remains either at the time of
death or later; other items made exclusively for burial purposes or to contain
human remains can also be considered as associated funerary objects.
MM GAB-5 Treatment Measures: Prior to the continuation of ground disturbing activities, the
landowner shall arrange a designated site location within the footprint of the
project for the respectful reburial of the human remains and/or ceremonial objects.
In the case where discovered human remains c annot be fully documented and
recovered on the same day, the remains will be covered with muslin cloth and a
steel plate that can be moved by heavy equipment placed over the excavation
opening to protect the remains. If this type of steel plate is not avai lable, a 24-hour
guard should be posted outside of working hours. The Tribe will make every effort
to recommend diverting the project and keeping the remains in situ and protected.
If the project cannot be diverted, it may be determined that burials will b e removed.
The Tribe will work closely with the qualified archaeologist to ensure that the
excavation is treated carefully, ethically and respectfully. If data recovery is
approved by the Tribe, documentation shall be taken which includes at a minimum
detailed descriptive notes and sketches. Additional types of documentation shall be
4.i
Packet Pg. 338 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
SUPPLEMENTAL ERRATA TO THE FOISY EAST PROJECT FINAL IS/MND
October 14, 2020
kimley-horn.com 3880 Lemon Street, Suite 420, Riverside, CA 92501 951 335 8215
5
approved by the Tribe for data recovery purposes. Cremations will either be
removed in bulk or by means as necessary to ensure completely recovery of all
material. If the discovery of human remains includes four or more burials, the
location is considered a cemetery and a separate treatment plan shall be created.
Once complete, a final report of all activities is to be submitted to the Tribe and the
NAHC. The Tribe does NOT authorize any scientific study or the utilization of any
invasive and/or destructive diagnostics on human remains.
Each occurrence of human remains and associated funerary objects will be stored
using opaque cloth bags. All human remains, funerary objects, s acred objects and
objects of cultural patrimony will be removed to a secure container on site if
possible. These items should be retained and reburied within six months of recovery.
The site of reburial/repatriation shall be on the project site but at a lo cation agreed
upon between the Tribe and the landowner at a site to be protected in perpetuity.
There shall be no publicity regarding any cultural materials recovered.
MM GAB-6 Professional Standards: Native American and Archaeological monitoring during
construction projects will be consistent with current professional standards. All
feasible care to avoid any unnecessary disturbance, physical modification, or
separation of TCR’s shall be taken. The Native American monitor must be approved
by the Gabrieleno Band of Mission Indians-Kizh Nation. Principal personnel for
Archaeology must meet the Secretary of Interior standards for archaeology and
have a minimum of 10 years of experience as a principal investigator working with
Native American archaeological sites in southern California.
Attachments:
Attachment 1: Gabrieleno Band of Mission Indians – Kizh Nation (Protection of Tribal Cultural
Resources)
4.i
Packet Pg. 339 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
SUPPLEMENTAL ERRATA TO THE FOISY EAST PROJECT FINAL IS/MND
October 14, 2020
kimley-horn.com 3880 Lemon Street, Suite 420, Riverside, CA 92501 951 335 8215
6
Attachment 1: Gabrieleno Band of Mission Indians – Kizh Nation (Protection of
Tribal Cultural Resources)
4.i
Packet Pg. 340 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Gabrieleno Band of Mission Indians – Kizh Nation
Protection of Tribal Cultural Resources (TCRs)
Most Important Things for Agencies to Know About AB52:
• An EIR, MND , or ND can not be certified until AB-52 tribal consultation has concluded.
• Agreed mitigation measures with the tribe, MUST be recommended for inclusion in the
environmental document.
• Signature confirming acceptance of these mitigation measures recommended by our Tribal
Government is required within 14 days of receipt to conclude AB52 consultation.
Tribal Cultural Resources Mitigation Measures within Kizh Nation Tribal Territory:
Note: To avoid compliance issues with the following laws, all Native American Monitoring shall be conducted by
a documented lineal descendant from the ancestral Tribe of the project area (NAGPRA Law 10.14)
• The Native American Graves Protection and Repatriation Act (NAGPRA),
Public Law - 101-601, 25 U.S.C. 3001 et seq., 104 Stat. 3048.
• CEQA Guidelines Section15064.5, PRC 5097.98 (d)(1).
• The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
If you are receiving these measures, The Gabrieleño Band of Mission Indians Kizh -Nation are the direct
lineal descendants of your project area. The Kizh Nation ONLY responds and consults on projects within
their ANCESTRAL tribal territory. The Kizh Nation possesses Tribal archives including documented
historical information as well as multiple members who possess unique knowledge derived from oral
tradition passed down through generations of the Tribe in order to provide the expertise needed to identify
whether a project is located within a culturally sensitive area given its proximity to village areas, commerce
areas, recreation areas, ceremonial areas, and burial locations.
Native American Heritage Commission (NAHC) Guidelines for Native American Monitors/Consultants
(approved 9/13/05): By acting as a liaison between Native American, archaeologist, developers, contactors and
public agency, a Native American monitor/consultant can ensure that cultural features are treated
appropriately from the Native American point of view. This can help others involved in a project to
coordinate mitigation measures. These guidelines are intended to provide prospective monitors/consultants, and
people who hire monitors/consultants, with an understanding of the scope and extant of knowledge that should
be expected.
Mitigation Guidelines for Tribal Cultural Resources (TCRs): CEQA now defines TCRs as an independent
element separate from archaeological resources. Environmental documents shall address a separate Tribal
Cultural Resources section that includes a thorough analysis of the impacts to only TCRs and includes separate
and independent mitigation measures created with tribal input under AB-52 consultations. Therefore, all
agreements, mitigation, and conditions of approval regarding TCRs shall be handled solely with the Tribal
Government and conversely all agreements, mitigation, and conditions of approval regarding Archaeological
Resources shall be handled by an Archaeological resource company.
4.i
Packet Pg. 341 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
MITIGATION MEASURES
Retain a Native American Monitor/Consultant: Prior to the commencement of any ground disturbing
activity at the project site, the project applicant shall retain a Native American Monitor approved by the
Gabrieleno Band of Mission Indians-Kizh Nation – the tribe that consulted on this project pursuant to
Assembly Bill A52 - SB18 (the “Tribe” or the “Consulting Tribe”). A copy of the executed contract shall be
submitted to the Lead Agency prior to the issuance of any permit necessary to commence a ground-
disturbing activity. The Tribal monitor will only be present on-site during the construction phases that
involve ground-disturbing activities. Ground disturbing activities are defined by the Tribe as activities that
may include, but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals,
boring, grading, excavation, drilling, and trenching, within the project area. The Tribal Monitor will
complete daily monitoring logs that will provide descriptions of the day’s activities, including construction
activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when all
ground-disturbing activities on the Project Site are completed, or when the Tribal Representatives and
Tribal Monitor have indicated that all upcoming ground-disturbing activities at the Project Site have little to
no potential for impacting Tribal Cultural Resources. Upon discovery of any Tribal Cultural Resources,
construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 50 feet)
until the find can be assessed. All Tribal Cultural Resources unearthed by project activities shall be
evaluated by the Tribal monitor approved by the Consulting Tribe and a qualified archaeologist if one is
present. If the resources are Native American in origin, the Consulting Tribe will retain it/them in the form
and/or manner the Tribe deems appropriate, for educational, cultural and/or historic purposes. If human
remains and/or grave goods are discovered or recognized at the Project Site, all ground disturbance shall
immediately cease, and the county coroner shall be notified per Public Resources Code Section 5097.98,
and Health & Safety Code Section 7050.5. Human remains and grave/burial goods shall be treated alike per
California Public Resources Code section 5097.98(d)(1) and (2). Work may continue in other parts of the
Project site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5[f]).
Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not
feasible, treatment may include implementation of archaeological data recovery excavations to remove the
resource along with subsequent laboratory processing and analysis. Any historic archaeological material that
is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a
research interest in the materials, such as the Natural History Museum of Los Angeles County or the
Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the
archaeological material, it shall be offered to a local school or historical society in the area for educational
purposes.
Unanticipated Discovery of Human Remains and Associated Funerary Objects:
Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in
any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in PRC
5097.98, are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any
discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation
halted until the coroner has determined the nature of the remains. If the coroner recognizes the human
remains to be those of a Native American or has reason to believe that they are those of a Native American,
he or she shall contact, by telephone within 24 hours, the NAHC and PRC 5097.98 shall be followed.
4.i
Packet Pg. 342 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Resource Assessment & Continuation of Work Protocol:
Upon discovery of human remains, the tribal and/or archaeological monitor/consultant/consultant will
immediately divert work at minimum of 100 feet and place an exclusion zone around the discovery
location. The monitor/consultant(s) will then notify the Tribe, the qualified lead archaeologist, and the
construction manager who will call the coroner. Work will continue to be diverted while the coroner
determines whether the remains are human and subsequently Native American. The discovery is to be kept
confidential and secure to prevent any further disturbance. If the finds are determined to be Native
American, the coroner will notify the NAHC as mandated by state law who will then appoint a Most Likely
Descendent (MLD).
Kizh-Gabrieleno Procedures for burials and funerary remains:
If the Gabrieleno Band of Mission Indians – Kizh Nation is designated MLD, the Koo-nas-gna Burial
Policy shall be implemented. To the Tribe, the term “human remains” encompasses more than human
bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the
preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial
burning of human remains. The prepared soil and cremation soils are to be treated in the same manner as
bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or
ceremony of a culture, are reasonably believed to have been placed with individual human remains either at
the time of death or later; other items made exclusively for burial purposes or to contain human remains
can also be considered as associated funerary objects.
Treatment Measures:
Prior to the continuation of ground disturbing activities, the landowner shall arrange a designated site
location within the footprint of the project for the respectful reburial of the human remains and/or
ceremonial objects. In the case where discovered human remains cannot be fully documented and
recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be
moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel
plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make
every effort to recommend diverting the project and keeping the remains in situ and protected. If the
project cannot be diverted, it may be determined that burials will be removed. The Tribe will work closely
with the qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If
data recovery is approved by the Tribe, documentation shall be taken which includes at a minimum
detailed descriptive notes and sketches. Additional types of documentation shall be approved by the Tribe
for data recovery purposes. Cremations will either be removed in bulk or by means as necessary to ensure
completely recovery of all material. If the discovery of human remains includes four or more burials, the
location is considered a cemetery and a separate treatment plan shall be created. Once complete, a final
report of all activities is to be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any
scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.
Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags.
All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a
secure container on site if possible. These items should be retained and reburied within six months of
recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between
the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding
any cultural materials recovered.
4.i
Packet Pg. 343 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Professional Standards: Native American and Archaeological monitoring during construction projects will
be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance,
physical modification, or separation of TCR’s shall be taken. The Native American monitor must be
approved by the Gabrieleno Band of Mission Indians-Kizh Nation. Principal personnel for Archaeology
must meet the Secretary of Interior standards for archaeology and have a minimum of 10 years of
experience as a principal investigator working with Native American archaeological sites in southern
California.
Acceptance of Tribal Government Recommended Mitigation Measures:
By _______________________________ Date: ______________
Lead Agency Representative Signature
Revised: July 2020
4.i
Packet Pg. 344 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
Attachment A
Kizh Nation Ancestral Tribal Territory extended along the coast from Malibu Creek in Los Angeles
County down to Aliso Creek in Orange County and encompassed the Channel Islands of Catalina
(Pimugna), San Nicolas (Haraasnga), and San Clemente (Kiinkenga). Our inland border was the San
Gabriel Mountains (Hidakupa) and eastwardly our territory extended to parts of San Bernardino
(Waatsngna), Orange, and Riverside counties.
4.i
Packet Pg. 345 Attachment: CED.GPA19-03.FOISY.A4.IS-MND (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 346 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 347 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 348 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 349 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 350 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 351 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 352 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 353 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 354 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 355 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 356 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 357 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 358 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 359 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 360 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 361 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 362 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 363 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 364 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 365 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 366 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 367 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 368 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 369 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 370 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 371 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 372 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 373 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 374 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 375 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 376 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 377 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 378 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 379 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 380 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 381 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 382 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 383 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 384 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 385 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 386 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 387 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 388 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 389 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.j
Packet Pg. 390 Attachment: CED.GPA19-03.FOISY.A5.PCResolution (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 391 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 392 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 393 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 394 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 395 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 396 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 397 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 398 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 399 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 400 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 401 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 402 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 403 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 404 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 405 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 406 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 407 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 408 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 409 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 410 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 411 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 412 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 413 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 414 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 415 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 416 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 417 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 418 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 419 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 420 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 421 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 422 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 423 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 424 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 425 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 426 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 427 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 428 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 429 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 430 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 431 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 432 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 433 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 434 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 435 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 436 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 437 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 438 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 439 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 440 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 441 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 442 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 443 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 444 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 445 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 446 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 447 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 448 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 449 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 450 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
4.k
Packet Pg. 451 Attachment: CED.GPA19-03.FOISY.A6.PCStaffReport (6950 : Foisy East Project (Ward 3))
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
4.l
Packet Pg. 452 Attachment: CED.GPA19-03.FOISY.PowerPoint (6950 : Foisy
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)
4.l
Packet Pg. 453 Attachment: CED.GPA19-03.FOISY.PowerPoint (6950 : Foisy
Aerial Map:
PROJECT SITE
4.l
Packet Pg. 454 Attachment: CED.GPA19-03.FOISY.PowerPoint (6950 : Foisy
Zoning Designation:
PROJECT SITE
4.l
Packet Pg. 455 Attachment: CED.GPA19-03.FOISY.PowerPoint (6950 : Foisy
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
4.l
Packet Pg. 456 Attachment: CED.GPA19-03.FOISY.PowerPoint (6950 : Foisy
Existing Site (E. Central Avenue): 4.l
Packet Pg. 457 Attachment: CED.GPA19-03.FOISY.PowerPoint (6950 : Foisy
Existing Site (S. Foisy Street) 4.l
Packet Pg. 458 Attachment: CED.GPA19-03.FOISY.PowerPoint (6950 : Foisy
Site Plan: 4.l
Packet Pg. 459 Attachment: CED.GPA19-03.FOISY.PowerPoint (6950 : Foisy
Elevations: 4.l
Packet Pg. 460 Attachment: CED.GPA19-03.FOISY.PowerPoint (6950 : Foisy
Landscaping Plan: 4.l
Packet Pg. 461 Attachment: CED.GPA19-03.FOISY.PowerPoint (6950 : Foisy
Recommendation:
Adopt Resolution No. 2020-236 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-1546 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. 2020-237 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 November 4, 2020.
The Mayor and City Council:
1.
2.
3.
4.
4.l
Packet Pg. 462 Attachment: CED.GPA19-03.FOISY.PowerPoint (6950 : Foisy
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Subject: Aug/Sept 2020 City Board, Commission, & Citizen Advisory
Committee Approved Minutes (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the minutes from the City Board, Commission, and Citizen
Advisory Committee meetings approved in August and September 2020.
Background
On February 7, 2018, the Mayor and City Council adopted general provisions for the
City’s Boards, Commissions and Citizen Advisory Committees under Municipal Code
Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council.
Discussion
In keeping with the reporting requirements established in Municipal Code Chapter
2.17.080 the minutes for the Board, Commission and Citizen Advisory Committee
meetings approved in the month August and September 2020 are presented for review
by the Mayor and City Council including the:
1. Planning Commission - August 18, 2020; September 8, 2020
2. Water Board - August 11, 2020; August 25, 2020; September 8, 2020
2020-2025 Key Strategic Targets and Goals
Providing the agendas and minutes from each of the City’s Boards, Commissions and
Citizen Advisory Committees to the Mayor and City Council is in alignment with Key
Target No. 1: Focused, Aligned Leadership and Unified Community by building a culture
that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the minutes from the City’s Board, Commission, and Citizen
Advisory Committee meetings approved in August and September 2020.
5
Packet Pg. 463
6935
Page 2
Attachments
Attachment 1 City Board, Commission and Citizen Advisory Committee Meeting
minutes approved in August and September 2020; Exhibit A -
Planning Commission - July 14, 2020; Exhibit B - Water Board -
July 28, 2020
Ward: All
5
Packet Pg. 464
5.a
Packet Pg. 465 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 466 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 467 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 468 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 469 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 470 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 471 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 472 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 473 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 474 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 475 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 476 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 477 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 478 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 479 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 480 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 481 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 482 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 483 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 484 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 485 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 486 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 487 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 488 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 489 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 490 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 491 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 492 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 493 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 494 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 495 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 496 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
5.a
Packet Pg. 497 Attachment: MCC.August.September 2020 BCCAC Approved Minutes.Attachment.(Exhibits A-B).docx (6935 : Aug/Sept 2020 City Board,
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 21, 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 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 17, 2020 $2,191,224.58
Bi-Weekly for October 1, 2020 $2,204,220.23
Monthly for September 15, 2020 11,666.69
Total Payroll Demands: $4,407,111.50
The following check registers are being presented for approval:
September 17, 2020 2020/21 (Register #12)$1,968,547.41
September 18, 2020 2020/21 (Register #13)25,000.00
September 24, 2020 2020/21 (Register #14)792,217.21
Total commercial check demands:$2,785,764.62
The following Electronic Funds Transfer (EFT) registers presented for approval:
6
Packet Pg. 498
6936
Page 2
September 1, 2020 2020/21 (Register #972-#973)576,732.56
September 4, 2020 2020/21 (Register #974)510,776.61
September 10 to September 15, 2020 2020/21 (Register #975-#982)6,459,280.30
September 18, 2020 2020/21 (Register #983)527,840.10
September 25, 2020 2020/21 (Register #984-#985)2,246.38
Total commercial EFT demands:$8,076,875.95
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.
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 #12
Attachment 3 Commercial checks for Registers #13
Attachment 4 Commercial checks for Registers #14
Attachment 5 Commercial EFT Registers #972-973
Attachment 6 Commercial EFT Registers #974
Attachment 7 Commercial EFT Registers #975-982
Attachment 8 Commercial EFT Registers #983
Attachment 9 Commercial EFT Registers #984-985
Ward: All
6
Packet Pg. 499
6.a
Packet Pg. 500 Attachment: FN. Payroll Summary Report ATTACHMENT#1 (6936 : Approval of Commercial and Payroll Disbursements (All Wards))
6.a
Packet Pg. 501 Attachment: FN. Payroll Summary Report ATTACHMENT#1 (6936 : Approval of Commercial and Payroll Disbursements (All Wards))
6.a
Packet Pg. 502 Attachment: FN. Payroll Summary Report ATTACHMENT#1 (6936 : Approval of Commercial and Payroll Disbursements (All Wards))
6.b
Packet Pg. 503 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 504 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 505 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 506 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 507 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 508 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 509 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 510 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 511 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 512 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 513 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 514 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 515 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 516 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 517 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 518 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 519 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 520 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.b
Packet Pg. 521 Attachment: FN. Commercial Checks & Payroll. Register #12 . ATTACHMENT#2 (6936 : Approval of
6.c
Packet Pg. 522 Attachment: FN. Commercial Checks & Payroll. Register #13 . ATTACHMENT#3 (6936 : Approval of
6.c
Packet Pg. 523 Attachment: FN. Commercial Checks & Payroll. Register #13 . ATTACHMENT#3 (6936 : Approval of
6.d
Packet Pg. 524 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.d
Packet Pg. 525 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.d
Packet Pg. 526 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.d
Packet Pg. 527 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.d
Packet Pg. 528 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.d
Packet Pg. 529 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.d
Packet Pg. 530 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.d
Packet Pg. 531 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.d
Packet Pg. 532 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.d
Packet Pg. 533 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.d
Packet Pg. 534 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.d
Packet Pg. 535 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.d
Packet Pg. 536 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.d
Packet Pg. 537 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.d
Packet Pg. 538 Attachment: FN. Commercial Checks & Payroll. Register #14 . ATTACHMENT#4 (6936 : Approval of
6.e
Packet Pg. 539 Attachment: FN. EFT Register #972-973. ATTACHMENT#5 (6936 : Approval of Commercial and Payroll
6.e
Packet Pg. 540 Attachment: FN. EFT Register #972-973. ATTACHMENT#5 (6936 : Approval of Commercial and Payroll
6.f
Packet Pg. 541 Attachment: FN. EFT Register #974. ATTACHMENT#6 (6936 : Approval of Commercial and Payroll
6.f
Packet Pg. 542 Attachment: FN. EFT Register #974. ATTACHMENT#6 (6936 : Approval of Commercial and Payroll
6.g
Packet Pg. 543 Attachment: FN. EFT Register #975-982. ATTACHMENT#7 (6936 : Approval of Commercial and Payroll
6.g
Packet Pg. 544 Attachment: FN. EFT Register #975-982. ATTACHMENT#7 (6936 : Approval of Commercial and Payroll
6.h
Packet Pg. 545 Attachment: FN. EFT Register #983. ATTACHMENT#8 (6936 : Approval of Commercial and Payroll
6.h
Packet Pg. 546 Attachment: FN. EFT Register #983. ATTACHMENT#8 (6936 : Approval of Commercial and Payroll
6.i
Packet Pg. 547 Attachment: FN. EFT Register #984-985. ATTACHMENT#9 (6936 : Approval of Commercial and Payroll
6.i
Packet Pg. 548 Attachment: FN. EFT Register #984-985. ATTACHMENT#9 (6936 : Approval of Commercial and Payroll
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Recognized Obligation Payment Schedule 21-22 a and B (All
Wards)
Recommendation
It is recommended that the Mayor and City Council, in its capacity as the Successor
Agency to the Redevelopment Agency of the City of San Bernardino, approve the
ROPS 21-22 A and B, and authorize the City Manager, as the Successor Agency’s
Executive Director or designee, to: i) transmit the ROPS 21 -22 A and B to the State
Department of Finance and other designated agencies as prescribed by the HSC; ii)
make ministerial revisions to ROPS 21-22 A and B, which may include, but are not
limited to restating the information included within ROPS 21-22 A and B in any format
that may be requested by the State Department of Finance; iii) take such other actions
and execute such other documents as are necessary to effectuate the ROPS; and iv)
implement ROPS 21-22 A and B on behalf of the Successor Agency, including
authorizing and causing such payments as authorized by ROPS 21-22 A and B.
Background
Pursuant to Health and Safety Code (the “HSC”) §34172 (a)(1), the Redevelopment
Agency of the City of San Bernardino was dissolved on February 1, 2012. Consistent
with the provisions of the HSC, on January 9, 2012 , the Mayor and City Council of the
City of San Bernardino elected to serve in the capacity of the Successor Agency to the
Redevelopment Agency of the City of San Bernardino (the “Successor Agency”). The
San Bernardino County Wide Oversight Board (the “CWOB”) was established effective
July 1, 2018, pursuant to HSC §34179(j) to assist in the wind-down of dissolved
redevelopment agencies within the County of San Bernardino. All of the local oversight
boards in California were dissolved on June 30, 2018, by operation of law.
Discussion
Per HSC § 34177 (o)(1), the Successor Agency is required to prepare a Recognized
Obligation Payment Schedule (the “ROPS”) before each twelve -month fiscal year
period. Pursuant to HSC § 34180 (g), CWOB approval is required for the establishment
of each ROPS. HSC § 34177 (o)(1), requires that the Successor Agency submit a
CWOB-approved ROPS 21-22 A and B for the period of July 2021 through June 2022
must be submitted to the State Department of Finance (the “DOF”), State Controller’s
7
Packet Pg. 549
6931
Page 2
Office and the County Auditor-Controller not later than February 1, 2021 (the
“Submission Deadline”). In addition, on December 14, 2020 the CWOB will consider
approval of the Successor Agency’s ROPS 21-22 A and B.
Fiscal Impact
Pursuant to HSC § 34177, the Successor Agency is legally required to continue to make
payments due for enforceable obligations. The approval of the establishment of ROPS
21-22 A and B, which is attached as Exhibit “A”, will ensure that the Successor Agency
has the authority to continue to pay its enforceable obligations. ROPS 21 -22 A and B
include $13,521,413 worth of funding required for 15 enforceable obligations, which are
more particularly described on the ROPS Detail Form, which is page two of the ROPS.
Further, ROPS 21-22 A and B does not include any new enforceable obligations and as
noted in column “J” of the ROPS Detail Form, the Successor Agency has
completed/retired five (5) enforceable obligations during FY 20 -21 (i.e., item Nos. 24,
38, 115, 130 and 133).
Conclusion
It is recommended that the Mayor and City Council, in its capa city as the Successor
Agency, approve the ROPS 21-22 A and B, and authorize the City Manager, as the
Successor Agency’s Executive Director or designee, to: i) transmit the ROPS 21 -22 A
and B to the State Department of Finance and other designated agencies as prescribed
by the HSC; ii) make ministerial revisions to ROPS 21 -22 A and B, which may include,
but are not limited to restating the information included within ROPS 21 -22 A and B in
any format that may be requested by the State Department of Finance; i ii) take such
other actions and execute such other documents as are necessary to effectuate the
ROPS; and iv) implement ROPS 21-22 A and B on behalf of the Successor Agency,
including authorizing and causing such payments as authorized by ROPS 21 -22 A and
B.
Attachments
Attachment 1 ROPS 21-22 A and B
Ward: All
Synopsis of Previous Council Action:
The Successor Agency considers the adoption of the ROPS annually. ROPS 21 -22
represents the eleventh (11th) fiscal year for the winding down of the former
redevelopment agency activities.
7
Packet Pg. 550
7.aPacket Pg. 551Attachment: CED.ROPS 21-22.Attachment 1 (6931 : Recognized Obligation Payment Schedule 21-22 a and B (All Wards))
7.aPacket Pg. 552Attachment: CED.ROPS 21-22.Attachment 1 (6931 : Recognized Obligation Payment Schedule 21-22 a and B (All Wards))
7.aPacket Pg. 553Attachment: CED.ROPS 21-22.Attachment 1 (6931 : Recognized Obligation Payment Schedule 21-22 a and B (All Wards))
7.aPacket Pg. 554Attachment: CED.ROPS 21-22.Attachment 1 (6931 : Recognized Obligation Payment Schedule 21-22 a and B (All Wards))
7.aPacket Pg. 555Attachment: CED.ROPS 21-22.Attachment 1 (6931 : Recognized Obligation Payment Schedule 21-22 a and B (All Wards))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Eric McBride, Acting Chief of Police
Subject: Resolution to Increase the Purchase Order for Fairview Ford
(All Wards)
Recommendation
Adopt Resolution No. 2020-235 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to increase the purchase
order to Fairview Ford by $37,401.43.
Background
The City of San Bernardino has participated in the Homeland Security Grant Program
(HSGP) since 2011. The purpose of the FY 2018 HSGP is to support comprehensive
Homeland Security Grant Programs at the local level and to encourage the
improvement of mitigation, preparedness, and response and recovery capabilities for all
hazards. The City has received a project approval and expenditure notification letter
granting the City an amount of $38,025 to purchase an Operational Re sponse Vehicle
to be used as a prime mover.
On February 6, 2020, the Mayor and City Council adopted Resolution 2020 -29,
authorizing the acceptance of the FY 2018 HSGP Grant and an increase in revenue and
expenditures by $38,025 for FY 2019/20.
Discussion
In a February 6, 2020 report, staff explained that since submitting a proposal to HSGP
for a prime mover vehicle, a prime mover had been purchased using funds from a
different grant. Staff has requested a modification to the original project changing t he
prime mover to a specialized vehicle for emergency management operations.
The Police Department is responsible for the City’s Emergency Management Services.
The specialized emergency management vehicle will be used by emergency
management staff. The vehicle will be used for several tasks to include transporting
response equipment and personnel to incident sites that may have limited or restricted
access due to an emergency or disaster.
Staff identified the 2021 Ford F-150 as an ideal vehicle for the required purpose that fell
within the price range provided through grant funding. Quotes were solicited from three
8
Packet Pg. 556
6918
Page 2
dealerships, and Fairview Ford provided the best option.
Vendor Vehicle
Type
Qty. Cost Warranty Total
Fairview Ford 2021 F150
4x2 Crew
Cab
1 $34,996.43 $1,905 $36,901.43
Fritts Ford 2021 F150
4x2 Crew
Cab
1 $36,965.00 $2,125 $39,090.00
Ken Grody
Ford
2021 F150
4x2 Crew
Cab
1 $37,629.47 $1,815 $39,444.47
Fleet management and staff have determined a cost -benefit to purchase extended
warranties for new vehicles related to savings in long-term maintenance expenses.
Fairview Ford offered a seven-year, 100,000-mile premium care warranty at the cost of
$1,905 and submitted the lowest priced quote of all three vendors. Fairview Ford is a
local dealer with a positive work history of providing new and used vehicles to the City.
Additionally, vehicles purchased with grant funds are required to include a performance
bond. Fairview Ford offers a performance bond for $500, for a total vehicle pur chase
price of $37,401.43.
2020-2025 Key Strategic Targets and Goals
The request to increase the purchase order to Fairview Ford by $37,401.43 aligns with
Key Target No. 1: Financial Stability - Implement, maintain, and update a fiscal
accountability plan.
Fiscal Impact
The fiscal impact to the City is $37,401.43. Funding is included in the FY 2019/20
Carryover Request submitted for Mayor and City Council approval on October 21, 2020.
Once approved, funds will be transferred from the Materials & Supplie s account to the
Motor Vehicles grant account number 123-210-8779*5701.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-235, authorizing the Director of Finance to
increase the purchase order to Fairview Ford by $37,401.43.
Attachments
Attachment 1 Resolution 2020-235
Attachment 2 Vendor Quotes
Ward: All
8
Packet Pg. 557
6918
Page 3
Synopsis of Previous Council Actions:
February 6, 2020 The Mayor and City Council adopted Resolution No. 2020-29,
accepting the FY2018 HSGP Grant and increasing revenue and
expenditures to the FY2019/20 budget by $38,025.
May 15, 2019 The Mayor and City Council adopted Resolution No. 2019-69,
authorizing the receipt, obligation, and expenditure of the FY 2017
Homeland Security Grant Program and the director of finance to
amend the FY 2018/19 adopted budget.
March 21, 2018 The Mayor and City Council adopted Resolution No. 2018-68,
authorizing the receipt, obligation, and expenditure of the FY 2016
HSGP, the City Manager to execute a vendor service agreement
with Vector USA, and the Director of Finance to amend the FY
2017/18 Adopted Budget and issue a purchase order to Vector
USA.
March 25, 2016 The Mayor and Common Council adopted Resolution No. 2016 -57,
authorizing the receipt, obligation, and expenditure of the FY
2015/16 Homeland Security Grant Program funds in the amount of
$81,483, and the issuance of a purchase order to the Mallory
Safety & Supply in an amount not to exceed $81,483.
8
Packet Pg. 558
RESOLUTION NO. 2020-235
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE TO
INCREASE THE PURCHASE ORDER TO FAIRVIEW
FORD BY $37,401.43
WHEREAS, the City of San Bernardino has been awarded the FY 2018 Homeland
Security Grant Program grant in the amount of $38,025; and
WHEREAS, the Mayor and City Council approved a budget amendment increasing
revenue and expenditures in the FY 2019/20 Adopted Budget; and
WHEREAS, the City will use the funding to improve preparedness, response, and
recovery for all hazards; and
WHEREAS, bids were solicited from three vendors, and Fairview Ford was found to be
the best option bidder.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Director of Finance is hereby authorized to increase the purchase
order to Fairview Ford by $37,401.43.
SECTION 2. 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 3. 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 4. 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
8.a
Packet Pg. 559 Attachment: PD-HSGP FY2018 Vehicle Purchase-Reso (6918 : Resolution to Increase the Purchase Order for Fairview Ford (All Wards))
Resolution No. 2020-235
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
8.a
Packet Pg. 560 Attachment: PD-HSGP FY2018 Vehicle Purchase-Reso (6918 : Resolution to Increase the Purchase Order for Fairview Ford (All Wards))
Resolution No. 2020-235
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
8.a
Packet Pg. 561 Attachment: PD-HSGP FY2018 Vehicle Purchase-Reso (6918 : Resolution to Increase the Purchase Order for Fairview Ford (All Wards))
8.b
Packet Pg. 562 Attachment: PD-HSGP FY2018 Vehicle Purchase-Vendor Quotes (6918 : Resolution to Increase the Purchase Order for Fairview Ford (All
8.b
Packet Pg. 563 Attachment: PD-HSGP FY2018 Vehicle Purchase-Vendor Quotes (6918 : Resolution to Increase the Purchase Order for Fairview Ford (All
8.b
Packet Pg. 564 Attachment: PD-HSGP FY2018 Vehicle Purchase-Vendor Quotes (6918 : Resolution to Increase the Purchase Order for Fairview Ford (All
8.b
Packet Pg. 565 Attachment: PD-HSGP FY2018 Vehicle Purchase-Vendor Quotes (6918 : Resolution to Increase the Purchase Order for Fairview Ford (All
8.b
Packet Pg. 566 Attachment: PD-HSGP FY2018 Vehicle Purchase-Vendor Quotes (6918 : Resolution to Increase the Purchase Order for Fairview Ford (All
8.b
Packet Pg. 567 Attachment: PD-HSGP FY2018 Vehicle Purchase-Vendor Quotes (6918 : Resolution to Increase the Purchase Order for Fairview Ford (All
8.b
Packet Pg. 568 Attachment: PD-HSGP FY2018 Vehicle Purchase-Vendor Quotes (6918 : Resolution to Increase the Purchase Order for Fairview Ford (All
8.b
Packet Pg. 569 Attachment: PD-HSGP FY2018 Vehicle Purchase-Vendor Quotes (6918 : Resolution to Increase the Purchase Order for Fairview Ford (All
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Kris Jensen, Director of Public Works
Subject: Resolution Rejecting All Bids for Traffic Signal Upgrade/Traffic
Signal Interconnect (Wards:1,2,6,7)
Recommendation
Adopt Resolution No. 2020-256 of the Mayor and City Council of the City of San
Bernardino, California, rejecting all bids for Special Provision No. 133 17 - Construction
of Traffic Signal Upgrades and Construction of Traffic Signal Interconnect System .
Background
The Department of Public Works is responsible for maintaining and operating 300 traffic
signals within the City of San Bernardino. As part of p lanned intersection maintenance,
separate projects for traffic signal upgrades and installation of interconnect systems
were included in the approved FY 2019/20 Capital Improvement Plan (CIP) and carried
into FY 2020/21. Project funding, in a collective am ount of $1,395,000, has been
established in the Local Circulation Development Impact Fees Fund.
Staff identified three traffic signal locations for equipment upgrades and two street
segments for installation of a traffic signal interconnect system to be included as part of
the approved project. The approved locations are as follows:
Location Traffic Signal Modification
9th Street and Medical Center
Drive
Upgrade Signal Equipment, Cross Gutter and ADA
Ramps
Del Rosa Avenue and Date
Place
Upgrade Traffic Signal Equipment
Highland Avenue and Patton
State Hospital
Upgrade Signal Equipment, and ADA Ramps
Highland Avenue -Sierra Way to
Golden Avenue
Construction of Interconnect System
Baseline Street- Sierra Way to
Valencia Avenue
Construction of Interconnect System
Staff recently solicited construction bids for four of the project locations. The intersection
9
Packet Pg. 570
6933
Page 2
of Highland Avenue and Patton State Hospital was excluded from the bid documents
due to ongoing negotiation for right-of entry issues that must be resolved prior to
commencement of any work at this location.
Discussion
Project 13317 (Construction of Traffic Signal Upgrades and Construction of Traffic
Signal Interconnect System “Project”) was advertised for public bidding on September
2, 2020, on the City’s website, the San Bernardino County Sun Newspaper, and plan
rooms throughout southern California. Two bids were received and opened publicly on
Sept 24, 2020. The lowest apparent bidder was DBX, Inc. Temecula, California, with a
bid of $1,613,541. This construction amount, alone, is significantly higher than the
funding allocated and available to support the Project.
At this time, staff recommends that the City reject all bids submitted for the Project to
allow staff to reevaluate the scope of work. While the proposed Project work is
necessary, it is not of an emergent nature and may be delayed for a short period without
consequences. Public Code Section 20166 establishes that the Mayor and City Council
have the authority to reject all bids and the notice inviting bids. The specifications for
the Project reiterate the same authority. Staff has already begun to reevaluate the
Project and scope of work, and anticipates re-advertising the Project with modifications
in the upcoming weeks.
2020-2025 Key Strategic Targets and Goals
Rejection of the bids is consistent with Key Target No. 1c: Financial Stability - Create a
framework for spending decisions, as it will allow staff to revisit the elements of the
project and evaluate alternatives that may be more in line with available funding.
Fiscal Impact
There is no fiscal impact associated with rejection of these bids.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2020 -256 of
the Mayor and City Council of the City of San Bernardino, California, rejecting bids for
Special Provision No. 13317 - Construction of Traffic Signal Upgrades and Construction
of Traffic Signal Interconnect System.
Attachments
Attachment 1 Resolution 2020-256
Attachment 2 Location Map
Wards: 1, 2, 6, 7
Synopsis of Previous Council Actions:
June 19, 2019 Mayor and City Council Adopted Resolution No. 2019 -168
approving Capital Improvement Program FY 2019/20.
9
Packet Pg. 571
RESOLUTION NO. 2020-256
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
REJECTING BIDS FOR SPECIAL PROVISION NO. 13317 -
CONSTRUCTION OF THE TRAFFIC SIGNAL UPGRADE
AND CONSTRUCTION OF TRAFFIC SIGNAL
INTECONNECT SYSTEM
WHEREAS, the City Public Works Department is responsible for maintaining traffic
signals citywide; and
WHEREAS, the City previously approved funding in the total amount of $1,395,000 in
the City’s Capital Improvement plan for traffic signal upgrades and installation of interconnect
systems at various project sites; and
WHEREAS, plans and specifications (Special Provision No. 13317 – Construction of
Traffic Signal Upgrade and Construction of Traffic Signal Interconnect System (the “Project”))
were released for bid on September 2, 2020, soliciting bids for four project sites as a single
collective project; and
WHEREAS, sealed bids were received from two bidders on September 24, 2020; and
WHEREAS, the cost submittals resulting from the solicitation far exceed the Project
funding available.
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 or his designee is hereby authorized and directed to
reject all bids for project entitled “Construction of Traffic Signal Upgrade and Construction of
Traffic Signal Interconnect System”, Special Provisions No. 13317 pursuant to California Public
Contract Code Section 20166 and San Bernardino Municipal Code Section 3.04.070(E).
SECTION 3. 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 tha t
the activity in question may have a significant effect on the environment, the activity is not
subject to 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.
9.a
Packet Pg. 572 Attachment: PW.Bid Rejection - Traffic Signal Upgrades & Interconnect.A1 - Resolution [Revision 1] (6933 : Resolution Rejecting All Bids for
Resolution No. 2020-256
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
9.a
Packet Pg. 573 Attachment: PW.Bid Rejection - Traffic Signal Upgrades & Interconnect.A1 - Resolution [Revision 1] (6933 : Resolution Rejecting All Bids for
Resolution No. 2020-256
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
9.a
Packet Pg. 574 Attachment: PW.Bid Rejection - Traffic Signal Upgrades & Interconnect.A1 - Resolution [Revision 1] (6933 : Resolution Rejecting All Bids for
ATTACHMENT 2-Location Maps
Del Rosa Ave and Date Pl – Traffic Signal Upgrade
9th St and Medical Center DR- Traffic Signal Upgrade
9.b
Packet Pg. 575 Attachment: PW.Bid Rejection Location Map-Attachment 2 (6933 : Resolution Rejecting All Bids for Traffic Signal Upgrade/Traffic Signal
ATTACHMENT 2-Location Maps
Traffic Signal Interconnect System –Highland Ave-Sierra Way to Golden Ave
Traffic Signal Interconnect System –Baseline St-Sierra Way to Valencia Ave
9.b
Packet Pg. 576 Attachment: PW.Bid Rejection Location Map-Attachment 2 (6933 : Resolution Rejecting All Bids for Traffic Signal Upgrade/Traffic Signal
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Kris Jensen, Director of Public Works
Subject: Resolution to Establish Parking Restrictions at Four Locations
Within the City (Wards: 2, 3, 4)
Recommendation
Adopt Resolution No. 2020-257 of the Mayor and City Council of the City of San
Bernardino, California, amending Resolution No. 3985 entitled, in Part, “A Re solution…
Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion Thereof…” to
establish a "No Stopping Anytime" zone at north side of Johnston Street between Mt.
Vernon Avenue and Bordwell Avenue; the north side of Highland Avenue between
Eucalyptus Drive and Rockford Avenue, and both sides of Eucalyptus Drive for the first
340 feet north of Highland Avenue; the first 180 feet on the east side of Wall Avenue
north of Orange Street; and rescind existing residential parking restrictions and
establish “No Parking Anytime” on the south side of 59th Street for the first 90 feet east
of Aries Lane and on the east side of Aries Lane for the first 85 feet south of 59th Street
Background
The Public Works Department often receives requests for parking restrictions to be
implemented in areas where congestion from parked vehicles causes traffic hazards, or
creates a public health and safety issue. The Traffic Engineering Division evaluates
these requests on a case by case basis, and subsequently recomme nds or denies
placement of parking or traffic controls.
The San Bernardino Municipal Code (SBMC) (Section 10.16.020) authorizes the City
Engineer to administratively approve the installation of parking restrictions in areas less
than 50 feet in length. Any determinations made by the City Engineer to implement
parking restrictions for areas great than 50 feet in length require approval from the
Mayor and City Council. Staff recently completed the evaluation of requests at four
locations that require such approval. The proposed resolution amends existing
Resolution No. 3985 to include parking restrictions at the locations identified in this
report.
Discussion
Staff has received a number of requests for evaluation of parking restrictions over the
last several months. Following evaluation of those requests, staff recommends the
installation of parking restrictions at four locations. Each location, the reason for the
10
Packet Pg. 577
6934
Page 2
request, and recommended parking restriction approaches are described below.
Johnston Street between Mt. Vernon and Bordwell Avenue:
Johnston Street is designated as a local street in the City Circulation Plan. The land use
on the south side of the street is residential and property on the north side is used for a
local swap meet.
The swap meet crowd also draws street vendors, not associated with the swap meet,
resulting in an overflow of street vendor parking along the north side of the street. This
area is continually littered with trash and debris and creates unsanitary conditions for
the patrons of the swap meet and neighboring residents.
The street is a shared jurisdiction between the City of Colton and the City of San
Bernardino. The City of Colton installed no parking signs on the south side of the street
to address the problem. This has caused sidewalk vendors and others to park on the,
and has shifted the problem to the San Bernardino side of the street. In an effort to
address the traffic hazards and safety issues created on the north side of the street,
Public Works and Police Department staff, as well as members of the public, has
requested to install “No Stopping Anytime” parking restrictions on the north side of
Johnston Street between Mt. Vernon Avenue and Bordwell Street.
Highland Avenue and Eucalyptus Drive:
Eucalyptus Drive north of Highland Avenue is designated as a local street in the City
Circulation Plan. The land use on the east side of the street is retail establishments for
about 340 feet. The west side of the street remains undeveloped. Highland Avenue
between Eucalyptus Drive and Rockford Avenue is designated as a major highway in
the City Circulation Plan. The land use on the north side of Highland Avenue is retail
with a major restaurant operating on site. Traffic hazards in this area are created by
food truck vendors parking on both sides of Eucalyptus Drive, north of Highland
Avenue, and on the north side of Highland Avenue between Eucalyptus Drive and
Bordwell Avenue. The patrons and the vendors are causing congestion, trash
accumulation and noise nuisance to the area residents.
Wall Street between Baseline Street and Orange Street:
Public Works received a request from the area residents requesting an evaluation for
the installation of “No Stopping Anytime” parking restrictions on the east side of the
street between Orange Street and Baseline Street, as well as, the installation of a street
light on the east side of Wall Street between Baseline Street and Orange Street. Staff
conducted a field investigation and confirmed the existence of the issues that were
brought to the City by the area residents. The existing power pole on the east side of
Wall Street, north of Orange Street is not maintained by the City. Staff has submitted a
street light request to Southern California Edison for processing and installation.
Aries Lane and 59th Street:
Public works staff received a petition from the area residents requesting prohibition of
parking on the southeast corner Aries Land and 59 th Street to ensure adequate spacing
for emergency vehicles and access to an existing fire hydrant. A similar request was
10
Packet Pg. 578
6934
Page 3
received from the corner house located at 493 W.59 th Street for the installation of red
curb on both sides of the fire hydrant. The red curb was installed per the SBMC for 15
feet on both sides of the fire hydrant. The resident circulated a petition in the
neighborhood requesting that the parking restriction be expanded to include the entire
frontage of house located at 493 W.59 th Street and on Aries Lanes along the frontage of
the house.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No: 1d: Financial Stability - Minimize risk and
litigation exposure. Installation of parking restrictions at these locations will increase
motorist and pedestrian safety, reducing the potential for exp osure to litigation by
eliminating site and traffic congestion hazards.
Fiscal Impact
The estimated cost to installing the parking restriction signs is $10,000. Sufficient
funding is available under existing purchase orders in the adopted FY 2020/21
Operating Budget in Gas Tax Fund No. 126-400-0152-5111.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-257, amending Resolution No. 3985 entitled, in
Part, “A Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys or
Portion Thereof…” to establish a “No Stopping Anytime” zone on the north side of
Johnston Street between Mt. Vernon Avenue and Bordwell Avenue; the north side of
Highland Avenue between Eucalyptus Drive and Rockford Avenue, and both sides of
eucalyptus drive for the first 340 feet north of Highland Avenue; the east side of wall
avenue for first 180 feet north of Orange Street; and rescind existing residential parking
restriction and establish “No Parking Anytime” for the first 90 feet on the south side of
59th Street, east of Aries Lane; and 85 feet on the east side of Aries Lane, south of 59th
Street.
Attachments
Attachment 1 Resolution 2020-257
Attachment 2 Vicinity Maps
Attachment 3 Petition 59th Street and Aries
Ward: 2, 3, 4
Synopsis of Previous Council Actions: None
10
Packet Pg. 579
RESOLUTION NO. 2020-257
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING RESOLUTION NO. 3985 ENTITLED, IN
PART, “A RESOLUTION… PROHIBITING PARKING
UPON CERTAIN DESIGNATED STREETS, ALLEYS OR
PORTION THEREOF…” TO ESTABLISH A “NO
STOPPING ANYTIME” ZONE ON THE NORTH SIDE OF
JOHNSTON STREET BETWEEN MT. VERNON AVENUE
AND BORDWELL AVENUE; THE NORTH SIDE OF
HIGHLAND AVENUE BETWEEN EUCALYPTUS DRIVE
AND ROCKFORD AVENUE, AND BOTH SIDES OF
EUCALYPTUS DRIVE FOR THE FIRST 340 FEET NORTH
OF HIGHLAND AVENUE; THE EAST SIDE OF WALL
AVENUE FOR FIRST 180 FEET NORTH OF ORANGE
STREET; AND RESCIND EXISTING RESIDENTIAL
PARKING RESTRICTION AND ESTABLISH “NO
PARKING ANYTIME” FOR THE FIRST 90 FEET ON THE
SOUTH SIDE OF 59TH STREET, EAST OF ARIES LANE;
AND 85 FEET ON THE EAST SIDE OF ARIES LANE,
SOUTH OF 59TH STREET
WHEREAS, the Traffic Engineering Division of the Public Works Department has
received and evaluated requests to install traffic controls at four locations within the City; and
WHEREAS, the City now desires to install traffic control through the posting of “No
Stopping Anytime” signs located on the north side of Johnston Street between Mt. Vernon
Avenue and Bordwell Avenue; the north side of Highland Avenue between Eucalyptus Drive
and Rockford Avenue, and both sides of Eucalyptus Drive for the first 340 feet north of
Highland Avenue; the first 180 feet on the east side of Wall Avenue north of Orange Street; and
rescind existing residential parking restrictions and establish “No Parking Anytime” on the south
side of 59th Street for the first 90 feet east of Aries Lane and on the east side of Aries Lane for
the first 85 feet south of 59th Street; and
WHEREAS, any determinations made by the City Engineer to implement parking
restrictions for areas great than 50 feet in length, require approval from the Mayor and City
Council; and
WHEREAS, these roadways have been previously been designated as Through
Highways in accordance with the Vehicle Code of the State of California to meet eligibility for
installation of traffic control measures; and
WHEREAS, installation of traffic control in the form of “No Stopping Anytime” or “No
Parking Anytime” on these roadway segments will enhance traffic safety at these locations.
10.a
Packet Pg. 580 Attachment: SB - RES. 2020-257 Streets (6934 : Resolution to Establish Parking Restrictions at Four Locations Within the City (Wards: 2, 3, 4))
Resolution No. 2020-257
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. For the purpose of establishing a No Parking Anytime, Tow Away Zone
pursuant to San Bernardino Municipal Code Section 10-16.020 on the north side of Highland
Avenue between Eucalyptus Drive and Rockford Avenue, Resolution No. 3985, which prohibits
parking upon certain designated streets or portions thereof, Section one, Subsection (14.1)
Highland Avenue is amended by adding Subsection “L”, to read as follows:
“(14.1) Highland Avenue
(L) Between Eucalyptus Drive and Rockford Avenue, applicable to the
north side only”
SECTION 2. For the purpose of establishing a No Parking Anytime, Tow Away Zone
pursuant to San Bernardino Municipal Code Section 10-16.020, on both sides of Eucalyptus
Drive for the first 340 feet north of Highland Avenue, Resolution No.3985, which prohibits
parking upon certain designated streets or portions thereof, Section one Subsection (10.2)
Eucalyptus Drive is amended by adding Subsection “A”, to read as follows:
“(10.2) Eucalyptus Drive
(A) The 340 feet north of Highland Avenue on both sides.”
SECTION 3. For the purpose of establishing a No Parking Anytime, Tow Away Zone
pursuant to San Bernardino Municipal Code Section 10-16.020 on the north side of Johnston
Avenue between Mt.Vernon Avenue and Bordwell Avenue, Resolution No.3985, which
prohibits parking upon certain designated streets or portions thereof, Section one Subsection
(17.6) Johnston Street is amended by adding Subsection “A” , to read as follows:
“(17.6) Johnston Street
(A) Between Mt.Vernon Avenue and Bordwell Avenue, applicable to
the north side only”
SECTION 4. For the purpose of establishing a No Parking Anytime, Tow Away Zone
pursuant to San Bernardino Municipal Code Section 10-16.020 on EAST SIDE OF WALL
AVENUE FOR FIRST 180 FEET NORTH OF ORANGE STREET on the east side of Wall
Avenue for the first 180 feet north of Orange Street, Resolution No.3985, which prohibits
parking upon certain designated streets or portions thereof, Section 2 3/4 (23.1) Wall Avenue is
amended by adding Subsection “B”, to read as follows:
10.a
Packet Pg. 581 Attachment: SB - RES. 2020-257 Streets (6934 : Resolution to Establish Parking Restrictions at Four Locations Within the City (Wards: 2, 3, 4))
Resolution No. 2020-257
“(23.1) Wall Avenue
(B) The first 180 feet north of Orange Street, applicable to the east
side only”
SECTION 5. For the purpose of establishing a No Parking Anytime, Tow Away Zone
pursuant to San Bernardino Municipal Code Section 10-16.020; the first 90 feet on the south side
of 59th Street east of Aries Lane, Resolution No.3985, which prohibits parking upon certain
designated streets or portions thereof, Section 2 3/4 (6.3) 59th Street is amended by adding
Subsection “B”, to read as follows:
“(6.3) 59th Street
(B) The first 90 feet east of Aries Lane, applicable to the south side
only.”
SECTION 6. For the purpose of establishing a No Parking Anytime, Tow Away Zone
pursuant to San Bernardino Municipal Code Section 10-16.020; the first 85 feet on the east side
of Aries Lane south of 59th Street, Resolution No. 3985, which prohibits parking upon certain
designated streets or portions thereof, Section 2 3/4 (1.9) Aries Lane is amended by adding
Subsection “B”, to read as follows:
“(1.9) Aries Lane
(B) The first 85 feet south of 59th Street, applicable to the east side
only.
SECTION 7. 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 8. 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 9. Effective Date. This Resolution shall become effective immediately.
10.a
Packet Pg. 582 Attachment: SB - RES. 2020-257 Streets (6934 : Resolution to Establish Parking Restrictions at Four Locations Within the City (Wards: 2, 3, 4))
Resolution No. 2020-257
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
10.a
Packet Pg. 583 Attachment: SB - RES. 2020-257 Streets (6934 : Resolution to Establish Parking Restrictions at Four Locations Within the City (Wards: 2, 3, 4))
Resolution No. 2020-257
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. 584 Attachment: SB - RES. 2020-257 Streets (6934 : Resolution to Establish Parking Restrictions at Four Locations Within the City (Wards: 2, 3, 4))
10.b
Packet Pg. 585 Attachment: PW. Attachment 2 - Various Parking Restrictions - Locations Map (Ward 2,3,4) (6934 :
10.b
Packet Pg. 586 Attachment: PW. Attachment 2 - Various Parking Restrictions - Locations Map (Ward 2,3,4) (6934 :
10.b
Packet Pg. 587 Attachment: PW. Attachment 2 - Various Parking Restrictions - Locations Map (Ward 2,3,4) (6934 :
10.b
Packet Pg. 588 Attachment: PW. Attachment 2 - Various Parking Restrictions - Locations Map (Ward 2,3,4) (6934 :
10.c
Packet Pg. 589 Attachment: PW.Attachment 3 - Various Parking Restrictions - Petition (Ward 2,3,4) (6934 : Resolution to Establish Parking Restrictions at Four
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Kris Jensen, Director of Public Works
Subject: Five-Year Capital Project Needs Analysis (All Wardsl)
Recommendation
Adopt Resolution No. 2020-258 of the Mayor and City Council of the City of San
Bernardino, California, adopting the Five-Year Capital Project Needs Analysis (FY
2020/21 through FY 2025/26) for the Measure "I" 2010-2040 Expenditure.
Background
In November 1989, San Bernardino County voters approved passage of Measure "I",
authorizing the San Bernardino County Transportation Authority (SBCTA) to impose a
half-cent retail transaction and use tax. The new tax was applicable in the incorporated
and unincorporated areas of the County of San Bernardino for the 20 -year period
between April 1, 1990, and March 31, 2010. SBCTA was authorized to administer the
programs described in the Measure. Revenue from the tax can only be used for
transportation improvement and traffic management programs authorized in the
Expenditure Plan, as set forth in Ordinance No. 04 -1.
In November 2004, voters extended the half -cent sales tax for 30 years, from April 1,
2010 through March 31, 2040. The new Measure is referred to as Measure "I" 2010 -
2040 to distinguish it from the first Measure "I". The Measure "I" 2010 -2040 Expenditure
Plan includes the Valley Major Street Program.
This Program provides funding for regional arterial projects that have been identified in
the SBCTA Nexus Study and are included in the City's Regional Traffic Circulation
System Master Facilities Plan and Impact Fee Program. To participate in the Valley
Major Street Program, each agency must annually adopt a 5-year Capital Project Needs
Analysis (CPNA), which identifies project funding needs by fiscal year. The CPNA
includes the anticipated funding sources, funding amounts and project phasing for
eligible projects that were included in the SBCTA Nexus Stud y. This information is
needed from each local agency to assist SBCTA staff in preparing an overall capital
needs and cash flow analysis for the Valley Major Street Program.
Discussion
The projects listed in the proposed FY 2021/2020 through 2025/2026 CPN A for the City
of San Bernardino have previously been identified in the City's Capital Improvement
11
Packet Pg. 590
6937
Page 2
Program and are included in the adopted Master Facilities Plan for the Regional
Circulation System Impact Fee (Development Impact Fee).
The key difference between this Program and the Measure "I" 5 -Year Plan is that the
projects listed in the CPNA are those select projects that qualify for and intend to use
funding from the Measure "I" 2010-2040 Valley Major Street Program, along with
matching funds collected from new development through the City's Regional Circulation
System Impact Fee. The Regional Circulation System Impact Fee was adopted in
anticipation of this program and to satisfy the requirement that the new development
pay its fair share toward regional improvements funded by the Measure "I" 2010-2040
Valley Major Street Program. Only projects that will use Valley Major Street Program
funds are required to be included in the CPNA.
The following five projects are recommended for inclusion in the CPNA:
1. Mt. Vernon Bridge Replacement Project (SS04 -012)
2. State Street, Phase 1 - 16th Street to Base Line Street (SS04-009)
3. 40th Street Widening from Johnson Street to Electric Avenue (SS04 -014)
4. “H” Street Widening from 40th Street to Kendall Drive (SS04-152)
5. Cooperative Project with the City of Highland - Fifth Street Improvements from Del
Rosa Drive to Victoria Avenue
All five projects above were included in the previous CPNA for FY 2019/20 through FY
2024/25. Project Nos. 1 through 4 are on -going, active projects and are currently
included in the City’s adopted and approved Capital Improvement Program (CIP) for FY
2020/21. The fifth project remains in very early planning stages, and has not yet been
included in the CIP. Staff will return this project to the City Council for future
consideration for inclusion in the CIP when project details become available. Maps
showing the locations of the proposed projects are included in this report as Attachment
No. 2.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1a: Financial Stability - Create a
framework for spending decisions as it leverages available funding for regional projects
that benefit the City.
Fiscal Impact
No additional fiscal impact. Project Nos. 1 through 4 in the proposed FY 2020/21
through 2025/26 CPNA have previously been identified in the City's most recent CIP
and are supported by previously established project budgets. Any future funding needs
for these, or other, CPNA projects will be brought before City Council for consideration.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-258, adopting the Five-Year Capital Project
Needs Analysis (FY 2020/21 through FY 2025/26) for the Measure "I" 2010-2040
Expenditure.
11
Packet Pg. 591
6937
Page 3
Attachments
Attachment 1 Resolution 2020-258 Adopting Five-Year Capital Project Needs
Analysis (CPNA); Exhibit A - CPNA 2020/2021 through 2025/2026
Attachment 2 Projects Location Map
Ward: All
Synopsis of Previous Council Actions:
11/21/2011 Capital Project Needs Analysis 2012-2017 for Measure I 2010-2040
was adopted.
01/22/2013 Capital Project Needs analysis 2013-2018 for Measure I 2010-2040
was adopted.
12/02/2013 Capital Project Needs analysis 2014-2019 for Measure I 2010-2040
was adopted
10/20/2014 Capital Project Needs Analysis 2015-2020 for Measure I 2010-2040
was adopted.
12/07/2015 Capital Project Needs Analysis 2016-2021 for Measure I 2010-2040
was adopted.
03/20/2017 Capital Project Needs Analysis 2017-2022 for Measure I 2010-2040
was adopted.
02/07/2018 Capital Project Needs Analysis 2018-2023 for Measure I 2010-2040
was adopted.
09/19/2018 Capital Project Needs Analysis 2019-2024 for Measure I 2010-2040
was adopted.
09/04/2019 Capital Project Needs Analysis 2020-2025 for Measure I 2010-2040
was adopted.
11
Packet Pg. 592
RESOLUTION NO. 2020-258
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING THE FIVE-YEAR CAPITAL PROJECT NEEDS
ANALYSIS (FY 2020/2021 THROUGH FY 2025/2026) FOR
MEASURE "I" 2010-2040 EXPENDITURE
WHEREAS, San Bernardino County voters approved passage of Measure I in November
2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of
one percent retail transactions and use tax applicable in the incorporated and unincorporated
territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement and
traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 89-
1 and Ordinance No. 04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from
certain Measure I Programs to annually adopt and update a Five-Year Capital Project Needs
Analysis.
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 Council hereby approves the five-year capital projects needs
analysis (FY 2020/21 through FY 2025/26) for Measure “I” 2010-2040 expenditure attached
hereto as Exhibit A.
SECTION 3. 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 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.
11.a
Packet Pg. 593 Attachment: PW.Five Year CPNA-2021-2026.01.Attachment 1.Resolution.pdf (6937 : Five-Year Capital Project Needs Analysis (All Wardsl))
Resolution No. 2020-258
__________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
_________________________________
Sonia Carvalho, City Attorney
11.a
Packet Pg. 594 Attachment: PW.Five Year CPNA-2021-2026.01.Attachment 1.Resolution.pdf (6937 : Five-Year Capital Project Needs Analysis (All Wardsl))
Resolution No. 2020-258
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
11.a
Packet Pg. 595 Attachment: PW.Five Year CPNA-2021-2026.01.Attachment 1.Resolution.pdf (6937 : Five-Year Capital Project Needs Analysis (All Wardsl))
11.b
Packet Pg. 596 Attachment: PW.Five Year CPNA-2021-2026.01 A.Attachment 1.Exhibit A.CPNA (6937 : Five-Year Capital Project Needs Analysis (All Wardsl))
11.b
Packet Pg. 597 Attachment: PW.Five Year CPNA-2021-2026.01 A.Attachment 1.Exhibit A.CPNA (6937 : Five-Year Capital Project Needs Analysis (All Wardsl))
11.b
Packet Pg. 598 Attachment: PW.Five Year CPNA-2021-2026.01 A.Attachment 1.Exhibit A.CPNA (6937 : Five-Year Capital Project Needs Analysis (All Wardsl))
11.b
Packet Pg. 599 Attachment: PW.Five Year CPNA-2021-2026.01 A.Attachment 1.Exhibit A.CPNA (6937 : Five-Year Capital Project Needs Analysis (All Wardsl))
11.b
Packet Pg. 600 Attachment: PW.Five Year CPNA-2021-2026.01 A.Attachment 1.Exhibit A.CPNA (6937 : Five-Year Capital Project Needs Analysis (All Wardsl))
ATTACHMENT NO. 2
PROJECT LOCATION MAP
State Street Extension Phase 1
11.c
Packet Pg. 601 Attachment: PW.Five Yr Cap Needs.Maps.Attach 2 [Revision 1] (6937 : Five-Year Capital Project Needs Analysis (All Wardsl))
5th Street from Sterling Avenue to Victoria Avenue
40th Street from Johnson Street to Electric Avenue
H Street from Kendall Drive Street to 40th Street
11.c
Packet Pg. 602 Attachment: PW.Five Yr Cap Needs.Maps.Attach 2 [Revision 1] (6937 : Five-Year Capital Project Needs Analysis (All Wardsl))
Mt. Vernon Viaduct Bridge between 2nd Street and 5th Street
11.c
Packet Pg. 603 Attachment: PW.Five Yr Cap Needs.Maps.Attach 2 [Revision 1] (6937 : Five-Year Capital Project Needs Analysis (All Wardsl))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Kris Jensen, Director of Public Works
Subject: Resolution of Intent to Annex Territory: CFD No. 2018-1 -
Annexation 2 (TR 20261) (Ward: 3)
Recommendation
Adopt Resolution No. 2020-259 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to consider annexing territory to
Community Facilities District No. 2018-1 (Safety Services) of the City of San
Bernardino, adopting a map of the area to be proposed (Annexation No. 2) and
authorizing the levy of special taxes therein.
Background
On September 19, 2018, the Mayor and City Council approved Resolution No. 2018-
264 establishing Community Facilities District No. 2018 -1 (Safety Services) of the City
of San Bernardino (the "CFD No. 2018-1" or "District") for the purpose of levying special
taxes on parcels of taxable property to provide certain services which are necessary to
meet increased demands placed upon the City.
Discussion
Development projects are subject to conditions of approval that require projects to
form/annex a services district. These districts apply an annual f ee or special tax upon
properties within the District which provide the revenue to offset the cost of public safety
necessary to serve the development. The Developer has agreed to initiate and conduct
the CFD annexation proceedings pursuant to the Act. To that end, the Developer has
submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that
authorizes the City to (1) hold the election and declare election results; (2) shorten
election time requirements; (3) waive analysis and arguments; (4) waive all notice
requirements relating to the conduct of the election immediately following the public
hearing.
The public services proposed to be financed within and for the benefit of the territory to
be annexed to the District are the following:
1. Police protection services (including but not limited to criminal justice services)
and paramedic services; and
12
Packet Pg. 604
6938
Page 2
2. City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the District including the contract
administration and for the collection of reserve funds.
The proposed development includes approximately 1.08 gross acres of vacant
residential property to include five detached single -family residential lots. This
development will be Annexation No. 2 within CFD No. 2018 -1, as shown in the
boundary map and included in the Resolution of Intention as Exhibit “D”. In order to
annex into CFD No. 2018-1, a Resolution of Intention to annex property must be
approved to identify the services and establish the maximum special tax for this
annexation. The Resolution of Intention shall also set the date and time for the public
hearing.
The rate and method of apportionment of the special tax for Annexation No. 2, is
included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax
for this development has been calculated to be $385 per residential unit for FY 2020/21.
If the maximum allowable annual fee were levied, the revenue generated would be
$1,925 per year.
In order to annex property to CFD No. 2018 -1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance which are summarized below.
Resolution declaring City intent to annex territory to Community Facilities District
No. 2018-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area).
Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
Resolution declaring the results of the electio n and directing the recording of the
notice of special tax lien.
Amend the Ordinance and order the levy and collection of special taxes in the
District.
With the adoption of the Resolution of Intention, the Public Hearing would be scheduled
for December 2, 2020.
2020-2025 Key Strategic Targets and Goals
Annexation of this property into the City of San Bernardino Public Safety 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 public safety
services associated with the development.
12
Packet Pg. 605
6938
Page 3
Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of
special taxes. Upon full completion of the development, it is estimated that there will be
an annual collection of special tax revenues of approximately $1,925 to be used to pay
for safety services. The Maximum Special Tax rate is proposed to escalate each year
after July 1, 2024 by four percent (4.0%).
All costs associated with annexation into the CFD have been borne by the Developer.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, adopt
Resolution No. 2020-259 of the Mayor and City Council of the City of San Bernardino,
California, declaring its intention to annex territory into Community Facilities District No.
2018-1 (Safety Services) of the City of San Bernardino, adopting a map of the area to
be proposed (Annexation No. 2) and authorizing the levy of special taxes the rein.
Attachments
Attachment 1 Resolution; Exhibit A - Description of Territory; Exhibit B -
Description of Authorized Services; Exhibit C - Rate and Method of
Apportionment; Exhibit D - Annexation and Potential Annexation
Boundary Maps; Exhibit E - Signed Petition, Waiver and Consent;
Exhibit F - Notice of Public Hearing; Exhibit G - Special Election
Ballot
Attachment 2 Project/Location Map
Ward: 3
Synopsis of Previous Council Actions:
August 15, 2018 Mayor and City Council adopted Resolution No. 2018-239, a
Resolution of Intention to form Community Facilities District No.
2018-1 (Safety 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 19, 2018 Mayor and City Council adopted Resolution No. 2018-264
establishing Community Facilities District No. 2018-1; Resolution
No. 2018-265 was adopted declaring election results for
Community Facilities District No. 2018-1; and first reading of
Ordinance No. MC-1506 levying special taxes to be collected
during FY 2018-19 to pay annual costs of safety services and
expenses with respect to Community Facilities District No. 2018-1.
October 3, 2018 Mayor and City Council conducted the final reading of Ordina nce
No. MC-1506 levying special taxes to be collected during FY 2018-
19 to pay annual costs of safety services and expenses with
respect to Community Facilities District No. 2018-1.
12
Packet Pg. 606
RESOLUTION NO. 2020-259
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN
BERNARDINO (SAFETY SERVICES), DECLARING ITS
INTENTION TO CONSIDER ANNEXING TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE
CITY OF SAN BERNARDINO (SAFETY SERVICES)
WHEREAS, on August 15, 2018 the City Council (the “City Council”) of the City of
San Bernardino adopted Resolution No. 2018-239 (the “Resolution of Intention”), declaring its
intention to establish Community Facilities District No. 2018-1 of the City of San Bernardino
(Safety Services) (“Community Facilities District No. 2018-1” or the “District”) pursuant to the
Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of
Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, after a duly noticed public hearing, the City Council adopted Resolution
No. 2018-264 (the “Resolution of Formation”) establishing Community Facilities District No.
2018-1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to
the rate and method of apportionment of the special tax, as set forth in Exhibit “C” attached to
the Resolution of Intention (the “Original Rate and Method”), and (ii) the establishment of an
appropriations limit for Community Facilities District No. 2018-1; and
WHEREAS, the City Council has received a petition form and signed by Hispano
Investors Inc., requesting (i) the annexation of the territory within the boundaries set forth in
Exhibit “A”, hereto (the “Annexation Territory”) to the District; (ii) the levy of the special tax
within the Annexation Territory in accordance with the Rate and Method of Apportionment of
Special Tax attached as Exhibit “C”, hereto (the “Rate and Method”), which Rate and Method is
identical to the Original Rate and Method in all respects except that Appendix A thereto has been
updated in accordance with the terms of the Original Rate and Method to reflect the annexation
described herein and (iii) the waiving certain election requirements.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals. Each of the above recitals is true and correct.
SECTION 2. Intent to Annex. The City Council declares its intention to conduct
proceedings pursuant to the Act for the annexation to the District of the Annexation Territory.
SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The
map showing the original boundaries of the District designated as “Map of Proposed Boundaries
of Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services),”
which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111
and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment
12.a
Packet Pg. 607 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Resolution of Intention (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 -
Resolution No. 2020-259
and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office of the
County of San Bernardino in Book No. 87 Page No. 96, on August 16, 2018 as Instrument No.
2018-0300849.
The boundaries of the Annexation Territory proposed to be annexed to the District and be
made subject to taxation are as shown on the annexation map set forth in Exhibit “D” hereto (the
“Boundary Map”). The City Clerk is hereby directed to sign the boundary map and record it with
all proper endorsements thereon with the County Recorder of the County of Riverside within 15
days after the adoption of this resolution, all as required by Section 3111 of the Streets and
Highways Code of the State of California.
SECTION 4. Description of Authorized Services. The Services (as defined in the Rate
and Method) proposed to be provided for the benefit of the Annexation Territory are public
services as defined in the Act, and this City Council finds and determines that the Services to be
financed are in addition to those provided in the territory the Annexation Territory, at the present
time and do not supplant services already available within the Annexation Territory at the
present time. The City Council hereby finds and determines that the description of the Services
herein is sufficiently informative to allow taxpayers within the Annexation Territory, to
understand what the funds of the District may be used to finance. The Services Incidental
Expenses (as defined in the Rate and Method) expected to be incurred within the Annexation
Territory are set forth in the Rate and Method. The amount and term of the special tax to be
levied by the District within the Annexation Territory and the Services to be provided by the
District within the Annexation Territory shall be identical to those within the original boundaries
of the District.
SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, it is
the intention of the City Council to levy annually in accordance with the procedures contained in
the Act a separate special tax, secured by recordation of a continuing lien against all nonexempt
real property in the Annexation Territory, sufficient to pay for the Services and the Services
Incidental Expenses. The rate and method of apportionment and manner of collection of the
special taxes set forth in Exhibit “C” allows each homeowner within the Annexation Territory to
estimate the maximum amount that may be levied against each parcel.
The special taxes for Services may be increased by an amount not to exceed four percent
(4%) per year after July 1, 2024 to the extent permitted in the Rate and Method. The special tax
for Services may be levied for such period as the Services are needed, as further described in
Exhibit “B” hereto.
The special taxes are based on the expected demand that each parcel of real property
within the Annexation Territory will place on the Services. The City Council hereby determines
that the proposed Services are necessary to meet the increased demand placed upon the City and
the existing police and paramedic services in the City as a result of the development of the land
proposed for annexation to the District. The City Council hereby determines the rate and method
of apportionment of the special taxes to be reasonable. The special tax is apportioned to each
parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special taxes are
not on or based upon value or ownership of real property.
12.a
Packet Pg. 608 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Resolution of Intention (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 -
Resolution No. 2020-259
SECTION 6. Public Hearing. A public hearing (the “Hearing”) on the annexation of the
Annexation Territory to the District, the levy of the special tax within the Annexation Territory
in accordance with the Rate and Method to finance the Services shall be held at 7:00 p.m., or as
soon thereafter as practicable, on December 2, 2020, Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Bernardino, California. Should the City
Council determine to annex the Annexation Territory to the District, a special election will be
held to authorize the levy of the special taxes in accordance with the procedures contained in
Government Code Section 53326. If held, the proposed voting procedure at the election will be a
landowner vote with each landowner who is the owner of record of land within Annexation
Territory at the close of the Hearing, or the authorized representative thereof, having one vote for
each acre or portion thereof owned within the Annexation Territory. Ballots for the special
election may be distributed by mail or by personal service.
SECTION 7. Adjustments. The City Council does not intend to make any adjustment in
property taxation pursuant to Sections 53313.6 and 53313.7 of the Act.
SECTION 8. Public Hearing. At the time and place set forth above for the Hearing, any
interested person, including all persons owning lands or registered to vote within the Annexation
Territory, may appear to be heard.
SECTION 9. Notice of Public Hearing. The City Clerk is hereby directed to publish a
notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a
newspaper of general circulation published in the area of the Annexation Territory. The City
Clerk is further directed to mail a copy of the Notice to each landowner within the Annexation
Territory at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of
this Resolution, the time and place of the Hearing, a statement that the testimony of all interested
persons or taxpayers will be heard, a description of the protest rights of the registered voters and
landowners in the proposed district and a description of the proposed voting procedure for the
election required by the Act. Such publication shall be completed at least seven (7) days prior to
the date of the Hearing.
SECTION 10. 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 11. 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 12. Effective Date. This Resolution shall become effective immediately.
12.a
Packet Pg. 609 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Resolution of Intention (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 -
Resolution No. 2020-259
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
12.a
Packet Pg. 610 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Resolution of Intention (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 -
Resolution No. 2020-259
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
12.a
Packet Pg. 611 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Resolution of Intention (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 -
EXHBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) (the “CFD
No. 2018-1”) Annexation No. 2 is currently comprised of two (2) parcels, located within the city
boundaries. The properties are identified by the following San Bernardino County Assessor's Parcel
Numbers (APNs).
APN Tract Number Owner Name
0281-172-19 TR 20261 Hispano Investors Inc
0281-172-20 TR 20261 Hispano Investors Inc
12.b
Packet Pg. 612 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex A Description of Territory (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 -
EXHIBIT B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SAFETY SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2018-1, as provided
by Section 53313 of the Act, will include some or all of the costs attributable to public safety.
These services include police protection services (including but not limited to criminal justice
services) and paramedic services.
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 the Rate and Method
of Apportionment and to establish an operating reserve for the costs of services as determined by
the Administrator.
The above services shall be limited to those provided within the boundaries of CFD No. 2018-1
for the benefit of the properties within the boundaries of CFD No. 2018-1 and said services may
be financed by proceeds of the special tax of CFD No. 2018-1 only to the extent that they are in
addition to those provided in the territory of CFD No. 2018-1 before CFD No. 2018-1 was created.
12.c
Packet Pg. 613 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex B Description of Services (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 -
EXHIBIT C
City of San Bernardino Page 1
Community Facilities District No. 2018‐1 (Safety Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2018‐1 (SAFETY SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2018‐1 (Safety Services) (the “CFD No. 2018‐1” or “CFD”;
defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019,
in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the
legislative body of CFD No. 2018‐1, by applying the rate and method of apportionment set forth below.
All of the real property in CFD No. 2018‐1, unless exempted by law or by the provisions herein, shall be
taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation and administration of CFD No. 2018‐1 including, but not limited to: the costs of computing
the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or
designee thereof or both); the costs to the City, CFD No. 2018‐1, or any designee thereof associated
with fulfilling the CFD No. 2018‐1 reporting requirements; the costs associated with responding to
public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2018‐1 or any designee
thereof related to an appeal of the Special Tax; and the City's annual administration fees and third
party expenses. Administrative Expenses shall also include amounts estimated or advanced by the
City or CFD No. 2018‐1 for any other administrative purposes of CFD No. 2018‐1, including attorney's
fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent
Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means the identification number assigned to a parcel by the County
Assessor of the County of San Bernardino.
“CFD” or “CFD No. 2018‐1” means the City of San Bernardino Community Facilities District No. 2018‐
1 (Safety Services).
“City” means the City of San Bernardino.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the
Special Tax is being levied.
12.d
Packet Pg. 614 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex C RMA (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 - Annexation 2 (TR
City of San Bernardino Page 2
Community Facilities District No. 2018‐1 (Safety Services)
“Developed Multi‐Family Property” means all Assessor's Parcels of Developed Property for which a
building permit or use permit for the construction of a residential structure with two or more
Residential Units that share a single Assessor's Parcel Number, as determined by the Administrator,
has been issued prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Developed Single Family Property” means any residential property other than a Developed Multi‐
Family Property on an Assessor’s Parcel for which a building permit for new construction has been
issued by the City on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being
levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section D.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Maximum Special Tax” means the Maximum Special Tax, as applicable, levied within the CFD for
any Fiscal Year.
“Proportionately” means for Taxable Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Assessor’s Parcels.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2018‐1 as set forth
in Appendix B.
“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of
Taxable Property.
"Special Tax Requirement" means the amount to be collected in any Fiscal Year to pay for certain
costs as required to meet the public safety needs of CFD No. 2018‐1 in both the current Fiscal Year
and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection
services, (ii) paramedic services, (iii) fund an operating reserve for the costs of Services as determined
by the Administrator, and (iv) Administrative Expenses. Under no circumstances shall the Special Tax
Requirement include funds for bonds.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2018‐1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit.
12.d
Packet Pg. 615 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex C RMA (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 - Annexation 2 (TR
City of San Bernardino Page 3
Community Facilities District No. 2018‐1 (Safety Services)
B. RATE AND METHOD OF APPORTIONMENT OF MAXIMUM SPECIAL TAX RATES
As of July 1 of each Fiscal Year, commencing July 1, 2019, the Council shall determine the Special Tax
Requirement and shall levy the Special Tax upon each of the Assessor’s Parcels within the CFD which
constitute a Developed Single Family Property or a Developed Multi‐Family Property until the
aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied
Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable
Maximum Special Tax to satisfy the Special Tax Requirement.
The Maximum Special Tax for Fiscal Year 2019‐2020 for a Developed Single Family Property and a
Developed Multi‐Family Property are shown below in Table 1.
TABLE 1
MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2019‐2020
Description
Taxable
Unit
Maximum
Special Tax
Developed Single Family Property RU $385
Developed Multi‐Family Property RU $358
Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2024 the Maximum Special Tax for Developed Property shall
increase by four percent (4.0%).
No Special Tax shall be levied on property which, at the time of adoption of the Resolution of
Formation for CFD No. 2018‐1 is an Exempt Property.
C. TERM OF SPECIAL TAX
For each Fiscal Year, the Maximum Special Taxes shall be levied as long as the Services are being
provided within the boundaries of CFD No. 2018‐1.
D. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2018‐1, any Assessor’s Parcel in any of the
following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication,
encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility
easements making impractical their utilization for other than the purposes set forth in the easement;
(iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public
uses; (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined
by the Administrator; or (v) any Assessor’s Parcel which is not a Developed Single Family Property or
a Developed Multi‐Family Property.
12.d
Packet Pg. 616 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex C RMA (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 - Annexation 2 (TR
City of San Bernardino Page 4
Community Facilities District No. 2018‐1 (Safety Services)
E. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal,
and if necessary, meet with the property owner, consider written and oral evidence regarding the
amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the
Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash
refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel
in the subsequent Fiscal Year(s).
F. MANNER OF COLLECTION
The Maximum Special Taxes levied in each Fiscal Year 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.
However, the District may collect the Special Tax at a different time or in a different manner if
necessary to meet its financial obligations.
The Maximum Special Taxes when levied shall be secured by the lien imposed pursuant to Section
3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each
levy of Maximum Special Taxes. The lien of Maximum Special Taxes shall continue in force and effect
until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government
Code.
12.d
Packet Pg. 617 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex C RMA (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 - Annexation 2 (TR
City of San Bernardino Page 5
Community Facilities District No. 2018‐1 (Safety Services)
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018‐1
(SAFETY SERVICES)
ANNEXATION SUMMARY
Safety Services ‐ It is estimated that the cost of providing police and paramedic services being funded by
the Special Tax for the Community Facilities District No. 2018‐1 (Safety Services) will be as follows for the
Fiscal Year 2020‐2021:
$385 per residential unit for Developed Single Family Residential Property
$358 per residential unit for Developed Multi‐Family Residential Property
Annual Escalation ‐ On each July 1, commencing on July 1, 2024 the Maximum Special Tax for Developed
Property shall increase by four percent (4.0%).
Annex.
#
Fiscal
Year
Tract/
APN
Development
Name
No. of
Taxable
Units
Land Use
Category
Maximum
Special Tax Subdivider
Original 2019‐20 TR 17329
Verdemont
Ranch 74
Developed Single
Family Property $385 17329, LLC
1 2020‐21 TR 20006 Rancho Palma 119
Developed Single
Family Property $385 TH Rancho Palms LLC
2 2020‐21 TR 20261 Hispano Inv. 5
Developed Single
Family Property $385 Hispano Investors Inc
12.d
Packet Pg. 618 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex C RMA (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 - Annexation 2 (TR
City of San Bernardino Page 6
Community Facilities District No. 2018‐1 (Safety Services)
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018‐1
(SAFETY SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2018‐1, as provided by
Section 53313 of the Act, will include some or all of the costs attributable to public safety.
These services include police protection services (including but not limited to criminal justice services) and
paramedic services.
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 the Rate and Method of
Apportionment and to establish an operating reserve for the costs of services as determined by the
Administrator.
The above services shall be limited to those provided within the boundaries of CFD No. 2018‐1 for the
benefit of the properties within the boundaries of CFD No. 2018‐1 and said services may be financed by
proceeds of the special tax of CFD No. 2018‐1 only to the extent that they are in addition to those provided
in the territory of CFD No. 2018‐1 before CFD No. 2018‐1 was created.
12.d
Packet Pg. 619 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex C RMA (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 - Annexation 2 (TR
RICHARDSON AVEVICTORIA AVE0281-172-190281-172-20ANNEXATION MAP NO. 2COMMUNITY FACILITIES DISTRICT NO. 2018-1(SAFETY SERVICES)CITY OF SAN BERNARDINOCOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIASHEET 1 OF 1 SHEETI HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2018-1(SAFETY SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO CFD 2018-1ANNEX 2^_·|}þ210§¨¦215§¨¦10THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2020-21. -LEGEND ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARYXXXX-XXX-XX ASSESSOR PARCEL NUMBERTHIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2018-1(SAFETY SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONAUGUST 16, 2018 IN BOOK 87 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 96 ANDAS INSTRUMENT NO. 2018-0300849 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTON ASSESSOR-RECORDER-CLERK COUNTY OF SAN BERNARDINO BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE12.ePacket Pg. 620Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex D Boundary Maps (6938 : Resolution of Intent to Annex
12.ePacket Pg. 621Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex D Boundary Maps (6938 : Resolution of Intent to Annex
12.f
Packet Pg. 622 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex E Petition (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 - Annexation 2 (TR
12.f
Packet Pg. 623 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex E Petition (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 - Annexation 2 (TR
EXHIBIT A
12.f
Packet Pg. 624 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex E Petition (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 - Annexation 2 (TR
12.f
Packet Pg. 625 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex E Petition (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 - Annexation 2 (TR
EXHIBIT B12.fPacket Pg. 626Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex E Petition (6938 : Resolution of Intent to Annex Territory:
EXHIBIT F
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN
EXISTING COMMUNITY FACILITIES DISTRICT 2018-1 (SAFETY SERVICES)
(ANNEXATION NO. 2)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on October 21, 2020
adopted its Resolution No. 2020-___, in which it declared its intention to annex territory to existing
Community Facilities District No. 2018-1 (Safety Services) (the "CFD No. 2018-1"), and to levy a special
tax to pay for certain safety services, all pursuant to the provisions of the Mello-Roos Community Facilities
Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution
describes the territory to be annexed and describes the rate and method of apportionment of the proposed
special tax. No change in the tax levied in the existing CFD No. 2018-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as
practicable, Wednesday, December 2, 2020 at the Bing Wong Auditorium of the Norman F. Feldheym
Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the
City Council will conduct a public hearing on the annexation of territory to CFD No. 2018-1. At the hearing,
the testimony of all interest persons for or against the annexation of the territory or the levying of the special
taxes will be heard. If and to the extent participation in the December 2, 2020 meeting must occur by
teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an
Executive Order of the Governor of California, the means and methods for participating the meeting shall
be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on
the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418. A copy of the Agenda
will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.
DATED: ____________, 2020 _________________________________________
City Clerk of the City of San Bernardino
PUB: _______________, 2020
12.g
Packet Pg. 627 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex F Notice of Public Hearing (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 -
EXHIBIT G
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)
ANNEXATION NO. 2
(December 2, 2020)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San
Bernardino:
Name of Landowner Number of Acres Owned Total Votes
Hispano Investors Inc. 1.08 2
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2018-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
November 18, 2020, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on December 2,
2020, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA
92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on December 2, 2020.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
12.h
Packet Pg. 628 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex G Special Election Ballot (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 -
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Hispano Investors Inc.
Attn: Raul H. Sanchez
555 S. Mt. Vernon Ave., Suite A
San Bernardino, CA 92410
0281-172-20
0281-172-19
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to
levy a special tax on an annual basis at the rates and apportioned
as described in Exhibit C to the Resolution Declaring its Intention to
Annex territory to Community Facilities District No. 2018-1 (Safety
Services) adopted by the City Council on October 21, 2020 (the
“Resolution”), which is incorporated herein by this reference, within
the territory identified on the map entitled “Annexation Map No. 2 of
Community Facilities District No. 2018-1 (Safety Services) City of
San Bernardino” to finance certain services as set forth in Section 4
to the Resolution (including incidental expenses), and shall an
appropriation limit be established for the Community Facilities
District No. 2018-1 (Safety Services) in the amount of special taxes
collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
Hispano Investors Inc.
By: Raul H. Sanchez
President
Signature
Print Name
Title
12.h
Packet Pg. 629 Attachment: PW CFD 2018-1 Annex 2 - Att 1. Ex G Special Election Ballot (6938 : Resolution of Intent to Annex Territory: CFD No. 2018-1 -
PROJECT MAP CFD NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 2 12.iPacket Pg. 630Attachment: PW CFD 2018-1 Annex 2 - Att 2. Project Map (6938 : Resolution of Intent to Annex Territory:
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Jim Tickemyer, Parks, Recreation, & Community Services
Director
Subject: Resolution Approving an Application for Statewide Park
Development Grant Funds (Ward 1)
Recommendation
Adopt Resolution No. 2020-254 of the Mayor and City Council of San Bernardino,
California, approving the submittal of an application for S tatewide Park Development
and Community Revitalization Program Grant Funds to the State of California.
Background
The California Department of Parks and Recreation Office of Grants and Local Services
is currently accepting applications for Round Four of the Statewide Park Development
and Community Revitalization Program (SPP). City staff is currently working with a
grant writing consultant to build upon and strengthen the previous application for Design
and Construction of Improvements to Seccombe Lake Park, which was submitted and
subsequently not selected for award in Round Three of the grant program.
The State requires that an applicant include a resolution of support in the grant
application. The grant program conditions include the requirement for the Mayor and
City Council to adopt a resolution prior to the application with certain conditions
including:
1. The City certifies that it has reviewed, understands, and agrees to the
General Provisions contained in the contract shown in the Grant
Administration Guide.
2. The Mayor and City Council delegates the authority to the City Manager to
conduct all negotiations, sign and submit all documents, including, but not
limited to applications, agreements, amendments, and payment requests,
which may be necessary for the completion of the Grant Scope.
3. The City agrees to comply with all applicable federal, state and local laws,
ordinances, rules, regulations and guidelines.
4. The City will consider promoting diversity and inclusion at the park per Publi c
13
Packet Pg. 631
6940
Page 2
Resources Code §80001(b)(8 A-G).
Staff has reviewed the requirements and has determined that the City is able to comply
with all grant conditions and is therefore recommending the Mayor and City Council
adopt proposed Resolution No. 2020-254. The grant application deadline is December
14, 2020.
Discussion
SPP is a competitive grant program with over $1 billion in funding between the 2018
Prop. 68 and 2006 Prop. 84 Bond Acts to be distributed through multiple rounds of
awards. SPP will create new recreation opportunities in critically underserved
communities throughout California by awarding grant funding ranging from $200,000 to
$8,500,000 to eligible applicants that submit the most competitive applications. The
SPP Grant alone may fund an entire project as there is no matching funds requirement.
To be considered for funding, a comprehensive grant application will need to be
submitted by December 14, 2020.
The SPP grant involves a complex application process and project selection criteria ,
which places the highest point values on the following three criterions:
1. Community Challenges, Project Benefits and Readiness:
The community has severe challenges compared to other applications.
The project will significantly improve the community’s recreatio nal, social,
cultural, educational, environmental and economic conditions.
Project completion and 30 years of operation and maintenance appears to be
achievable.
2. Community Based Planning:
Facilitate five (5) community based planning meetings locate d within critically
underserved community
Use at least three (3) methods to invite a broad representation of residents
Residents identify preferred recreation features.
3. Significant Poverty:
Project site has a median household income lower than $51,026 which
categorizes it as a disadvantaged community as defined in the public resources
code.
The scope of the proposed project will include the following:
Repair/Replacement of all irrigation systems
Repair/Replacement of all electrical and lighting systems
Renovation of all landscaped areas
Replacement of 2 playground structures
Complete renovation of 3 restroom buildings
Renovation of 2 bridges
13
Packet Pg. 632
6940
Page 3
Remove and replace approximately 6,200 feet of damaged sidewalk
Installation of perimeter security fencing
Repair/Replace floating fountains
Renovation of the gazebo/amphitheater
The proposed project scope of work also addresses existing deficiencies within the park
such as: cracked and uneven sidewalks, damaged and deteriorating bridge de cks, non-
operational restrooms, and non-functioning park lighting. The maximum grant award
amount of $8.5 million will be requested for project design and construction. If awarded,
the SPP grant would allow the City to address the aforementioned deficien cies while
preserving City resources to be allocated to alternate projects.
2020-2025 Key Strategic Targets and Goals
This request aligns with Key Target 1.c. Financial Stability - Create a framework for
spending decisions and Key Target 2.a. Focused, Aligned Leadership and Unified
Community - Develop and implement a community engagement plan. If approved, the
grant application will leverage State funding to support the implementation of major
improvements at the City’s Seccombe Lake Park that have been i dentified through
engagement with the community, and reflect the needs of the park users.
Fiscal Impact
There is no fiscal impact related to the adoption of this resolution
Conclusion
It is recommended that the Mayor and City Council of the City of San Be rnardino,
California, adopt Resolution No. 2020-254, approving the submittal of an application for
Statewide Park Development and Community Revitalization Program Grant Funds to
the State of California.
Attachments
Attachment 1 Resolution No. 2020-254
Ward: 1
Synopsis of Previous Council Actions:
July 17, 2019 Mayor and City Council adopted Resolution No. 2019-164
approving the application for Statewide Park Development and
Community Revitalization Program Grant Funds for renovation of
Seccombe Lake Park.
June 5, 2019 Mayor and City Council approved the recommendation of submittal
of a grant application to the California Department of Parks and
Recreation Office of Grants and Local Services for the renovation
and improvements of Seccombe Lake Park.
May 15, 2019 Mayor and City Council adopted Resolution No. 2019-78, approving
an agreement with Blais and Associates, Inc., Evan Brooks
13
Packet Pg. 633
6940
Page 4
Associates, Inc., and KOA Corporation for as needed grand writing
services.
13
Packet Pg. 634
RESOLUTION NO. 2020-254
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION FOR STATEWIDE
PARK DEVELOPMENT AND COMMUNITY
REVITALIZATION PROGRAM GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility by the Legislature of the State of California for the administration of the Statewide
Park Development and Community Revitalization Grant Program, setting up necessary
procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the Applicant to certify by resolution the approval of the application before
submission of said application to the State; and
WHEREAS, successful applicants will enter into a contract with the State of California
to complete the Grant Scope project.
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 Council hereby approves the filing of an application for the
Seccombe Lake Park Revitalization Project.
SECTION 3. The City Council hereby certifies that said Applicant has or will have
available, prior to commencement of any work on the project included in this application, the
sufficient funds to complete the project if the grant is awarded.
SECTION 4. The City Council hereby certifies that if the project is awarded, the
Applicant has or will have sufficient funds to operate and maintain the project.
SECTION 5. The City Council hereby certifies that the Applicant has reviewed,
understands, and agrees to the General Provisions contained in the contract shown in the Grant
Administration Guide.
SECTION 6. The City Council hereby delegates the authority to the City Manager to
conduct all negotiations, sign and submit all documents, including, but not limited to
applications, agreements, amendments, and payment requests, which may be necessary for the
completion of the Grant Scope.
SECTION 7. The City Council hereby agrees to comply with all applicable federal, state
and local laws, ordinances, rules, regulations and guidelines.
13.a
Packet Pg. 635 Attachment: PR. Application For Statewide Park Development Grant Funds.RESOLUTION (6940 : Resolution Approving an Application for
Resolution No. 2020-254
SECTION 8. The City Council will consider promoting inclusion per Public Resources
Code §80001(b)(8 A-G).
SECTION 9. 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.
SECTION 10. 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 11. 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 October, 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. 636 Attachment: PR. Application For Statewide Park Development Grant Funds.RESOLUTION (6940 : Resolution Approving an Application for
Resolution No. 2020-254
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 21st day of October, 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
13.a
Packet Pg. 637 Attachment: PR. Application For Statewide Park Development Grant Funds.RESOLUTION (6940 : Resolution Approving an Application for
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Robert Field, City Manager
Subject: Resolution to Receive and Administer the CalVIP Grant Award
(All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file an updated report on the Violence Intervention Program
(VIP) and:
1. Adopt Resolution No. 2020-251 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to receive and administer
the California Board of State & Community Corrections, California Violence
Intervention & Prevention Grant Program (BSCC, CalVIP) to continue the City’s
Violence Intervention Program supportive services; and
2. Adopt Resolution No. 2020-252 of the Mayor and City Council of the City of San
Bernardino, California, approving Second Amendment to the Professional
Services Agreements between the City of San Bernardino and Young Visionaries
Youth Leadership Academy and Victory Outreach San Bernardino.
3. Amend the FY 20/21 budget to appropriate $450,000 for VIP outreach and
supportive services (Account: 123-100-0150-5502) supported by the California
Violence Intervention & Prevention Grant Program.
Background
In 2017, and in an effort to reduce violence in high risk populations, the City adopted a
violence reduction strategy widely referred to as Ceasefire. This approach has been
successfully implemented in communities throughout the country. The City’s version,
known as the Violence Intervention Program (VIP), consists of the following
components:
1) Analyze serious violent incidents and trends to better understand the
circumstances driving violence. Use these findings to identify the small group of
people that account for most of the City’s violence and invest the City’s limited
financial resources where they will be most effective in making the City safe.
2) Convene community, civic and criminal justice leaders to directly and respectfully
14
Packet Pg. 638
6941
Page 2
communicate the risks generated by involvement in violence and the options for
reducing that risk to help those at highest risk make informed choices about their
future.
3) Connect individuals at highest risk of involvement in violence to life coaches,
case managers and other service providers that use evidence -based service
strategies that lead to safety and self -sufficiency.
4) Focus the San Bernardino Police Department’s (SBPD’s) limited enforcement
resources on the relatively small number of individuals who persist in serious
violence creating a danger to the community and themselves.
The City’s VIP community-based outreach and supportive services with Victory
Outreach of San Bernardino and Young Visionarie s Youth Leadership Academy have
been tasked with the following:
1. Building individual and group relationships with those at highest risk of
involvement in violence.
2. Working proactively to reduce tensions and conflicts that could escalate to
violence or lead to retaliation after violence occurs.
3. Developing and carrying out community engagement plans and strategies.
4. Planning and implementing the communication component of the VIP strategy,
including one-on-one and group-based meetings.
5. Provide supportive services through structured case management.
In coordination with the City’s Police Department, the VIP community-based supportive
service providers play a vital role in the implementation of the City’s focused deterrence,
street outreach violence reduction strategy.
Discussion
On June 4, 2020, the City of San Bernardino submitted its VIP proposal to the BSCC
CalVIP grant program and was awarded a three-year matching grant of $1.5 million on
September 10, 2020. The award doubles the initial i nvestment and will support VIP
street outreach and supportive services for individuals impacted by gun violence. The
Grant Agreement with the BSCC, Victory Outreach, and Young Visionaries extends
from October 1, 2020 through December 31, 2023 and provides funding for community-
based street outreach and supportive services.
Due to the COVID-19 pandemic, the VIP has been precluded from carrying out
scheduled program activities since March 2020. Although limited in the types of
community engagement activities that can be performed, City Staff and our partners
have sought to develop alternative ways to engage the City's highest risk populations.
The VIP outreach teams have been engaging high risk individuals in community parks,
apartment complexes, and neighborhood grocery stores. Although this approach has its
limitations, the teams have been successful at reaching individuals at the highest risk of
engaging in violence and individuals impacted by gun violence identified at coordination
meetings.
14
Packet Pg. 639
6941
Page 3
In addition, the VIP outreach teams have become essential workers by providing
impacted communities with basic necessities using donated items such as groceries,
clothing, and masks to community members through the course of their work. Street
outreach teams also provided support during the May protest in the City. As the City
experienced a night of civil unrest and significant property damage to businesses, street
outreach teams rejected the idea of any ongoing violence by conducting rumor control
after a series of homicides and de-escalating community tensions after officer involved
shootings in the City.
San Bernardino Police Department
The SBPD has worked to strengthen the weekly review of shootings and homicides.
These meetings are vital to information sharing and provide a forum where investigative
strategies can be discussed and established, preventing duplication of work by different
divisions within the agency.
Status of new Specialized Units
On May 28 2020, the Department re-established a five person Vice/Human Trafficking
Unit to address the issue of Human Trafficking and prostitution in the City. The team
has made an immediate impact on the Human Trafficking in the downtown area. Human
Trafficking is connected to some of the gang violence we experience. H aving a
dedicated team of five officers will disrupt the activities of these individuals, in turn
disrupting the violence.
Next Steps
As part of the grant award, the VIP program will enhance the City's capacity to
implement focus deterrence approach to gun violence reduction, expand street outreach
efforts by hiring 6 additional contract staff, increase proactive community engagement in
additional communities impacted by gun violence, and enhance program capacity to
provide case management.
The funds will also increase the number of outreach staff from 8 to 14 and allow for
enhanced relationship-based intervention in additional communities and in local
schools. This will enhance the program’s ability to provide sports camps, violence
prevention workshops, and mentoring to the City's at risk youth.
In addition, the grant will enhance VIP services by leveraging new partnerships with
Community Health Workers in regional trauma centers such as Loma Linda Hospital as
an effort to implement hospital base inte rvention approach to violence reduction. The
program will also enhance its collaboration with the County Department of Mental
Health and collaborate with the housing authority, homeless reduction units.
Lastly, as part of the program enhancement, the VIP program will work with a local
university to design and implement an evaluation plan to determine the program’s
impact on violence reduction and participant recidivism.
14
Packet Pg. 640
6941
Page 4
2020-2025 Key Strategic Targets and Goals
Acceptance of the California Board of Stat e & Community Corrections, California
Violence Intervention & Prevention Grant award and approval of the second
amendment to the professional services agreements with Young Visionaries Youth
Leadership Academy and Victory Outreach San Bernardino to provide outreach and
support services to those at high risk of violence aligns with Key
Target No. 3: Improved Quality of Life.
Fiscal Impact
No impact to the general fund. The BSCC CalVIP grant award of $1.5 million spread
over a three year period will provide for cost reimbursement. Acceptance of the grant
award will require that the FY 2020/21 budget to be amended by $450,000 to support
the VIP outreach and supportive services between October 1, 2020 and June 30, 2021
(Account: 123-100-0150-5502) to provide for outreach services through the Professional
Services Agreements established with Young Visionaries Youth Leadership Academy
and Victory Outreach San Bernardino.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file an updated report on the Violence Intervention Program
(VIP) and:
1. Adopt Resolution No. 2020-251 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to receive and administe r
the California Board of State & Community Corrections, California Violence
Intervention & Prevention Grant Program (BSCC, CalVIP) to continue the City’s
Violence Intervention Program supportive services; and
2. Adopt Resolution No. 2020-252 of the Mayor and City Council of the City of San
Bernardino, California, approving Second Amendment to the Professional
Services Agreements between the City of San Bernardino and Young Visionaries
Youth Leadership Academy and Victory Outreach San Bernardino.
3. Amend the FY 20/21 budget to appropriate $450,000 for VIP outreach and
supportive services (Account: 123-100-0150-5502) supported by the California
Violence Intervention & Prevention Grant Program.
Attachments
Attachment 1 Resolution 2020-251; Exhibit "A" - BSCC CalVIP Standard Grant
Agreement 20-23
Attachment 2 Resolution 2020-252; Exhibit “A” - Second Amendment to the
Professional Services Agreement with Young Visionaries Youth
Leadership Agreement; Exhibit “B” - Second Amendment to the
Professional Services Agreement with Victory Outreach of San
Bernardino
14
Packet Pg. 641
6941
Page 5
Attachment 3 First Amendment to the Professional Services Agreement with
Young Visionaries Youth Leadership Academy
Attachment 4 First Amendment to the Professional Services Agreement with
Victory Outreach San Bernardino
Attachment 5 Professional Services Agreement with Young Visionaries
Leadership Academy
Attachment 6 Professional Services Agreement with Victory Outreach
San Bernardino
Ward: All
Synopsis of Previous Council Actions:
June 2, 2020 Mayor and City Council adopted resolution 2020-127 approving the
First Amendments to Professional Services Agreements between
the City of San Bernardino and Young Visionaries Youth
Leadership Academy & Victory Outreach, allocating $60,000 in
funding to bridge the funding gap for outreach services between
July and September.
January 15, 2020 Mayor and City Council adopted Resolution No. 2020-03
authorizing the City Manager’s Office, Violence Intervention
Division to prepare and submit a CalVIP proposal to the BSCC.
December 5, 2018 Mayor and City Council approved professional service agreements
with Young Visionaries and Victory Outreach of San Bernardino.
February 21, 2018 Mayor and the City Council adopted Resolution No. 2018 - 39,
authorizing the City Manager to receive and administer Board of
State & Community Corrections, California Violence Intervention &
Prevention (BSCC CalVIP) grant funds.
14
Packet Pg. 642
RESOLUTION NO. 2020-251
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO RECEIVE AND
ADMINISTER CALIFORNIA BOARD OF STATE &
COMMUNITY CORRECTIONS GRANT FUNDS
WHEREAS, the California Board of State and Community Corrections (BSCC),
California Violence Intervention & Prevention Grant Program (CalVIP) Executive Steering
Committee developed the CalVIP 2020 Request for Proposal (RFP); and
WHEREAS, the Mayor and City Council of the City of San Bernardino adopted
Resolution No. 2020-03 on January 15, 2020, authorizing the City Manager’s office to prepare
and submit a proposal in the amount of $1.5 million; and
WHEREAS, the City of San Bernardino was awarded a $1.5 million BSCC CalVIP
grant; and
WHEREAS, grant funds will be used to fund community-based organizations to support
data-driven, evidence-based violence reduction strategies and focus on the highest risk
individuals.
NOW, THEREFORE, 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 of the City of San Bernardino hereby
authorizes the City Manager to sign the Standard Grant Agreement (Exhibit “A”) with the
BSCC, including any amendments thereto.
SECTION 3. Grant funds received hereunder shall not be used to supplant expenditures
controlled by this body.
SECTION 4. The City of San Bernardino agrees to ensure all matching funds required
for the above grant are provided and abide by the terms and conditions of the Standard Grant
Agreement as set forth by the BSCC.
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
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
14.a
Packet Pg. 643 Attachment: CM.Resolution_CalVIP Grant Authorization.doc (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
Resolution No. 2020-251
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 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
14.a
Packet Pg. 644 Attachment: CM.Resolution_CalVIP Grant Authorization.doc (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
Resolution No. 2020-251
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
14.a
Packet Pg. 645 Attachment: CM.Resolution_CalVIP Grant Authorization.doc (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID:5227-BSCC85720
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev 03/2019) BSCC 857-20
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
CITY OF SAN BERNARDINO
2.The term of this Agreement is:
START DATE
OCTOBER 1, 2020
THROUGH END DATE
DECEMBER 31, 2023
3.The maximum amount of this Agreement is:
$1,500,000
4.The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are
by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit A Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 3
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D Special Terms and Conditions 4
Attachment 1* California Violence Intervention & Prevention Grant Request for Proposals *
Attachment 2 CalVIP Grant Proposal 25
Appendix A CalVIP Executive Steering Committee 1
Appendix B:Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Program Funds 2
* This item is hereby incorporated by reference and can be viewed at: http://www.bscc.ca.gov/s_cpgpcalvipgrant/
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
CITY OF SAN BERNARDINO
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
290 North D Street San Bernardino CA 92401
TITLE PRINTED NAME OF PERSON SIGNING
Robert Field City Manager
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
RICARDO GOODRIDGE Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06
14.b
Packet Pg. 646 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 1 of 3
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
1.GRANT AGREEMENT – CALIFORNIA VIOLENCE AND INTERVENTION (CalVIP) GRANT This
Grant Agreement is between the State of California, Board of State and Community
Corrections (hereafter referred to as BSCC) and City of San Bernardino (hereafter referred to as
the Grantee or Contractor).
2.PROJECT SUMMARY AND ADMINISTRATION
A.The Fiscal Year 2019-20 State Budget includes funding in the amount of $30 million for the
California Violence Intervention and Prevention (CalVIP) Grant Program, to be administered by
the Board of State and Community Corrections (BSCC). California cities that are
disproportionately impacted by violence and the community-based organizations that that serve
the residents of those cities are eligible to apply for CalVIP grant funding.
The purpose of the CalVIP Grant is to improve public health and safety by supporting effective
violence reduction initiatives in communities that are disproportionately impacted by violence,
particularly group-member involved homicide, shootings and aggravated assaults (Penal Code
Sec. 14131(b)).
B.Grantee agrees to administer the project in accordance with Attachment 1: CalVIP Request for
Proposals (incorporated by reference) and Attachment 2: CalVIP Grant Proposal, which are
attached and hereto and made part of this agreement.
3.PROJECT OFFICIALS
A.The BSCC's Executive Director or designee shall be the BSCC's representative for
administration of the Grant Agreement and shall have authority to make determinations relating
to any controversies that may arise under or regarding the interpretation, performance, or
payment for work performed under this Grant Agreement.
B.The Grantee’s project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: Robert Field
Title: City Manager
Address: 290 North D Street, San Bernardino, CA 92401
Phone: (909) 384-5122
Designated Financial Officer authorized to receive warrants:
Name:
Title:
Jim Slobojan
Acting Director of Finance
Address: 290 North D Street, San Bernardino, CA 92401
Phone:
Email:
(909)384-5086
Slobojan_ji@sbcity.org
Project Director authorized to administer the project:
Name:
Title:
David Miranda
Community Intervention Program Manager
Address: 290 North D Street, San Bernardino, CA 92401
Phone: (909) 384-5122
Email: Miranda_da@sbcity.org
C.Either party may change its project representatives upon written notice to the other party.
14.b
Packet Pg. 647 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 2 of 3
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she
has full legal authority to bind the entity for which he or she signs.
4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described
in Attachment 1: CalVIP Request for Proposals and Attachment 2: CalVIP Grant Proposal.
5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These
reports, which will describe progress made on program objectives and include required data,
shall be submitted according to the following schedule:
Quarterly Progress Report Periods Due no later than:
1. October 1, 2020 to December 31, 2020 February 15, 2021
2. January 1, 2021 to March 31, 2021 May 15, 2021
3. April 1, 2021 to June 30, 2021 August 15, 2021
4. July 1, 2021 to September 30, 2021 November 15, 2021
5. October 1, 2021 to December 31, 2021 February 15, 2022
6. January 1, 2022 to March 31, 2022 May 15, 2022
7. April 1, 2022 to June 30, 2022 August 15, 2022
8. July 1, 2022 to September 30, 2022 November 15, 2022
9. October 1, 2022 to December 31, 2022 February 15, 2023
10. January 1, 2023 to March 31, 2023 May 15, 2023
11. April 1, 2023 to June 30, 2023 August 15, 2023
Note: Project activity period ends June 30, 2023. The period of July 1, 2023 to December 31,
2023 is for completion of Final Local Evaluation Report and financial audit only.
B. Evaluation Documents Due no later than:
1. Local Evaluation Plan March 31, 2021
2. Final Local Evaluation Report December 31, 2023
C. Other Due no later than:
Financial Audit Report December 31, 2023
6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate
documentation of all actions taken with respect to the project, including copies of this Grant
Agreement, approved program/budget modifications, financial records and required reports.
B. The Grantee shall establish separate accounting records and maintain documents and other
evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds,
including grant funds and any matching funds by the Grantee and the total cost of the project.
Source documentation includes copies of all awards, applications, approved modifications,
financial records and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all individuals
reimbursed under the grant, whether they are employed full-time or part-time. Time and effort
reports are also required for all subcontractors and consultants.
14.b
Packet Pg. 648 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 3 of 3
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
D. The grantee shall maintain documentation of donated goods and/or services, including the
basis for valuation.
E. Grantee agrees to protect records adequately from fire or other damage. When records are
stored away from the Grantee’s principal office, a written index of the location of records stored
must be on hand and ready access must be assured.
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years
after closeout of the grant project and shall be subject at all reasonable times to inspection,
examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or
designees. If any litigation, claim, negotiation, audit, or other action involving the records has
been started before the expiration of the three-year period, the records must be retained until
the completion of the action and resolution of all issues w hich arise from it or until the end of
the regular three-year period, whichever is later.
7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the
CalVIP Executive Steering Committee (See Appendix A) from receiving funds from the CalVIP
grants awarded under this RFP. Applicants who are awarded grants under this RFP are
responsible for reviewing the CalVIP ESC membership roster (see Appendix A) and ensuring
that no grant dollars are passed through to any entity represented by the members of the CalVIP
ESC.
B. In cases of an actual conflict of interest with an ESC member, the Board may revoke the grant
award and legal consequences could exist for the parties involved, including, but not limited to,
repayment of the grant award.
8. FINANCIAL AUDIT
Grantees are required to provide the BSCC with a financial audit no later than the end of the
contract term, December 31, 2023. The financial audit shall be performed by a Certified Public
Accountant or a participating county or city auditor that is organizationally independent from the
participating county’s or city’s project financial management functions. Expenses for this final audit
may be reimbursed for actual costs up to $25,000.
14.b
Packet Pg. 649 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 1 of 3
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
1. INVOICING AND PAYMENTS
A. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the
BSCC that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods: Due no later than:
1. October 1, 2020 to December 31, 2020 February 15, 2021
2. January 1, 2021 to March 31, 2021 May 15, 2021
3. April 1, 2021 to June 30, 2021 August 15, 2021
4. July 1, 2021 to September 30, 2021 November 15, 2021
5. October 1, 2021 to December 31, 2021 February 15, 2022
6. January 1, 2022 to March 31, 2022 May 15, 2022
7. April 1, 2022 to June 30, 2022 August 15, 2022
8. July 1, 2022 to September 30, 2022 November 15, 2022
9. October 1, 2022 to December 31, 2022 February 15, 2023
10. January 1, 2023 to March 31, 2023 May 15, 2023
11. April 1, 2023 to June 30, 2023 August 15, 2023
Final Invoicing Periods: Due no later than:
13. July 1, 2023 to September 30, 2023 November 15, 2023
14. October 1, 2023 to December 31, 2023 February 29, 2024
*Note: Only expenditures associated with completion of the Final Local Evaluation Report and
the financial audit may be included on these invoices.
B. All project expenditures (excluding costs associated with the completion of the Final Local
Evaluation Report and the financial audit) and all obligated match contributions must be
incurred by the end of the grant project period, June 30, 2023, and included on the invoice due
August 15, 2023. Project expenditures incurred after June 30, 2023 will not be reimbursed.
C. The Final Local Evaluation Report is due to BSCC by December 31, 2023. Expenditures incurred
for the completion of the Final Local Evaluation Report during the period of July 1, 2023 to
December 31, 2023 must be submitted during the Final Invoicing Period(s), with the final invoice
due on February 29, 2024. Supporting fiscal documentation will be required for all expenditures
claimed on during the Final Invoicing Periods and must be submitted with the final invoice.
D. The financial audit is due to BSCC by December 31, 2023. Expenditures incurred for the completion of
the financial audit during the period of July 1, 2023 to December 31, 2023 must be submitted during the
Final Invoicing Periods, with the final invoice due on February 29, 2024 Supporting fiscal documentation
will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted
with the final invoice.
D. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not
expended or requested during the invoicing period.
E. Upon the BSCC’s request, supporting documentation must be submitted for project
expenditures. Grantees are required to maintain supporting documentation for all expenditures
on the project site for the life of the grant and make it readily available for review during BSCC
site visits. See Exhibit A. Scope of Work, Item 6. Project Records.
2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award.
Grantee waives any and all claims against the BSCC, and the State of California on account of
project costs that may exceed the sum of the grant award.
14.b
Packet Pg. 650 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 2 of 3
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
B. Under no circumstance will a budget item change be authorized that would cause t he project
to exceed the amount of the grant award identified in this Grant Agreement.
3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid through CalVIP funding generated from the General Fund. The
Grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision
of this agreement is contingent upon the availability of sufficient funding granted through the
passage of Assembly Bill 74 (Statutes of 2019, Chapter 23), also known as the California
Budget Act of 2019. It is mutually agreed that if the Budget Act of the current year and/or any
subsequent years covered under this Grant Agreement does not appropriate sufficient funds
for the program, this Grant Agreement shall be of no further force and effect. In this event, the
BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other
considerations under this Agreement and Grantee shall not be obligated to perform any
provisions of this Grant Agreement.
B. If CalVIP funding is reduced or falls below estimates contained within the CalVIP Request for
Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability
occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a
reduced amount.
C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an
amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed
that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall
have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations
under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant
Agreement except that Grantee shall be required to maintain all project records required by
Paragraph 6 of Exhibit A for a period of three (3) years following the terminati on of this
agreement.
4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs.
“Eligible” and “ineligible” project costs are set forth in the July 2020 BSCC Grant Administration
Guide, which can be found under Quick Links here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/
The provisions of the BSCC Grant Administration Guide are incorporated by reference into this
agreement and Grantee shall be responsible for adhering to the requirements set forth therein.
To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement
conflict, the language in this agreement shall prevail.
B. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual
expenditures for eligible project costs.
C. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible
project costs or an amount equal to any grant funds expended by the Grantee in violation of the
terms, provisions, conditions or commitments of this Grant Agreement.
D. Grant funds must be used to support new program activities or to augment existing funds t hat
expand current program activities. Grant funds shall not replace (supplant) any federal, state
and/or local funds that have been appropriated for the same purpose. Violations can result in
recoupment of monies provided under this grantor suspension of future program funding
through BSCC grants.
5. PROMPT PAYMENT CLAUSE
14.b
Packet Pg. 651 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 3 of 3
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
Payment will be made in accordance with, and within the time specified in, Government Code
Chapter 4.5, commencing with Section 927.
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement
in the event the Grantee has materially and substantially breached the terms and conditions of
this Grant Agreement.
B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%),
the BSCC may withhold that amount as security, to be released to the Grantee upon compliance
with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and
3) submittal and approval of any additional required reports, including but not limited to the
Final Local Evaluation Report and the financial audit.
C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant
funds have been provided for costs subsequently deemed ineligible, the BSCC may either
withhold an equal amount from future payments to the Grantee or require repayment of an
equal amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or
designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the
time within which the Grantee may remedy the failure or violation leading to the withhol ding.
7. PROJECT BUDGET
BSCC Budget Line Item A.
Grant Funds
B.
Match
C.
Total (A+B)
1. Salaries and Benefits $0 $390,000 $390,000
2. Services and Supplies $0 $0 $0
3. Professional Services or Public
Agency Subcontracts $0 $20,000 $20,000
4. Non-Governmental Organization
(NGO) Subcontracts $1,350,000 $1,090,000 $2,440,000
5. Equipment/Fixed Assets $0 $0 $0
6. Project Evaluation $15,000 $0 $15,000
7. Financial Audit $20,000 $0 $20,000
8. Other (Travel, Training, etc.) $55,000 $0 $55,000
9. Indirect Costs $60,000 $0 $60,000
TOTALS $1,500,000 $1,500,000 $3,000,000
14.b
Packet Pg. 652 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 1 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by
the Department of General Services, if required. Contractor may not commence performance until
such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless
made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part,
without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the
Bureau of State Audits, or their designated representative shall have the right to review and to copy
any records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after
final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow
the auditor(s) access to such records during normal business hours and to allow interviews of any
employees who might reasonably have information related to such records. Further, Contractor
agrees to include a similar right of the State to audit records and interview staff in any sub contract
related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq.,
CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any and
all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performan ce of
this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any
dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any
payments should the Contractor fail to perform the requirements of this Agreement at the time and
in the manner herein provided. In the event of such termination the State may proceed with the work
in any manner deemed proper by the State. All costs to the State shall be deducted from any sum
due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor
upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the
performance of this Agreement, shall act in an independent capacity and not as officers or employees
or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the
minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code
Section 12200, in products, materials, goods, or supplies offered or sold to t he State regardless of
whether the product meets the requirements of Public Contract Code Section 12209. With respect
to printer or duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract
Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its
subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic
14.b
Packet Pg. 653 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 2 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation,
or military and veteran status, nor shall they discriminate unlawfully against any employee or
applicant for employment because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex, gende r,
gender identity, gender expression, age, sexual orientation, or military and veteran status.
Contractor shall insure that the evaluation and treatment of employees and applicants for
employment are free of such discrimination. Contractor and subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5,
Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and
the regulations or standards adopted by the awarding state agency to implement such article.
Contractor shall permit access by representatives of the Department of Fair Employment and
Housing and the awarding state agency upon reasonable notice at any time during the normal
business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts,
and all other sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of
their obligations under this clause to labor organizations with which they have a collective bargaining
or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the
document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement
by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including travel,
per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the
laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these
services or goods are obtained by means of a competitive bid, the Contractor shall comply with the
requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf
the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, materials, or services by the bidder for sale
to the purchasing body pursuant to the bid. Such assignment shall be made and become effective
14.b
Packet Pg. 654 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 3 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
at the time the purchasing body tenders final payment to the bidder. Government Code Section
4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement,
a monetary recovery for a cause of action assigned under this chapter, the assignor shall be
entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover
from the public body any portion of the recovery, including treble damages, attributable to
overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand,
reassign the cause of action assigned under this part if the assignor has been or may have been
injured by the violation of law for which the cause of action arose and (a ) the assignee has not
been injured thereby, or (b) the assignee declines to file a court action for the cause of action.
See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor
acknowledges in accordance with Public Contract Code 7110, that:
A. The contractor recognizes the importance of child and family support obligations and shall fully
comply with all applicable state and federal laws relating to child and family support enforcement,
including, but not limited to, disclosure of information and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the
Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire Registry
maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable
or held to be unenforceable, then the parties agree that all other provisions of this Agreement have
force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000,
the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract
to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with
Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business participation, then
Contractor must within 60 days of receiving final payment under this Contract (or within such
other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt.
Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor
received under the Contract; (2) the name and address of the DVBE(s) that participated in the
performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4)
that all payments under the Contract have been made to the DVBE; and (5) the actual
14.b
Packet Pg. 655 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 4 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
percentage of DVBE participation that was achieved. A person or entity that knowingly provides
false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code §
999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the
following statement is incorporated: It is unlawful for any person engaged in business within this state
to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
14.b
Packet Pg. 656 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 1 of 4
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and
approval by the BSCC are solely for the purpose of proper administration of grant funds and
shall not be deemed to relieve or restrict the Grantee’s responsibility.
B. Grantee is responsible for the performance of all project activities identified in Attachment 1:
CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Grant
Proposal.
C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise
during the course of the project.
2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of
the State of California. Grantee shall at all times comply with all applicable State laws, rules
and regulations, and all applicable local ordinances.
B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the
Grantee in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment
2: CalVIP Proposal, documents, amendments, approved modifications, and communications
filed in support of its request for grant funds.
C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all
charges and fees, and give all notices necessary or incidental to the due and lawful proceeding
of the project work.
3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for
services needed to implement and/or support program activities. Grantee agrees that in the
event of any inconsistency between this Grant Agreement and Grantee’s agreement with a
subcontractor, the language of this Grant Agreement will prevail.
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation
between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his
responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to
the BSCC for the acts and omissions of its subcontractors and of persons either directly or
indirectly employed by any of them as it is for the acts and omissions of persons directly
employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent
obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC
shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in
the CalVIP RFP and described in Appendix B.
D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity
bonds, as is customary and appropriate, will be obtained.
E. Grantee agrees to place appropriate language in all subcontracts for work on the project
requiring the Grantee’s subcontractors to:
1) Books and Records
14.b
Packet Pg. 657 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 2 of 4
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
Maintain adequate fiscal and project books, records, documents, and other evidence
pertinent to the subcontractor’s work on the project in accordance with generally accepted
accounting principles. Adequate supporting documentation shall be maintained in such
detail so as to permit tracing transactions from the invoices, to the accounting records, to
the supporting documentation. These records shall be maintained for a minimum of three
(3) years after the acceptance of the final grant project audit under the Grant Agreement
and shall be subject to examination and/or audit by the BSCC or designees, state
government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the
BSCC or designee, the State Controller’s Office, the Department of General Services, the
Department of Finance, California State Auditor, and their designated representatives
during the course of the project and for a minimum of three (3) years after acceptance of
the final grant project audit. The Subcontractor shall provide suitable facilities for access,
monitoring, inspection, and copying of books and records related to the grant-funded
project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to
project activities, sites, staff and documents at all reasonable times during the grant period including
those maintained by subcontractors. Access to program records will be made available by both the
grantee and the subcontractors for a period of three (3) years following the end of the grant period.
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant
Agreement shall be in accordance with generally accepted government accounting principles
and practices, and adequate supporting documentation shall be maintained in such detail as to
provide an audit trail. Supporting documentation shall permit the tracing of transactions from
such documents to relevant accounting records, financial reports and invoices.
B. Grantees are required to provide the BSCC with a financial audit no later than the end of the
contract term, December 31, 2023. The financial audit shall be performed by a Certified Public
Accountant or a participating county or city auditor that is organizationally independent from the
participating county’s or city’s project financial management functions. Expenses for this final
audit may be reimbursed for actual costs up to $25,000
C. The BSCC reserves the right to call for a program or financial audit at any time between the
execution of this Grant Agreement and three years following the end of th e grant period. At
any time, the BSCC may disallow all or part of the cost of the activity or action determined to
not be in compliance with the terms and conditions of this Grant Agreement or take other
remedies legally available.
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal,
or other improper use. As such, the Board will not enter into contracts or provide reimbursement
to grantees that have been:
1. debarred by any federal, state, or local government entities during the period of
debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant
funds for a period of three years following conviction.
14.b
Packet Pg. 658 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 3 of 4
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no
applicable debarment, disqualification, suspension, or removal from a federal, state or local grant
program on the part of the grantee at the time of application and that the grantee will immediately
notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or
subcontractor, a requirement that the subgrantee or subcontractor will provide the same
assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or
subcontractor that has been debarred or convicted, the grant recipient must submit a written
request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of Compliance
with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of
the original Proposal Package).
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the
BSCC. Changes may include modification to project scope, changes to performance measures,
compliance with collection of data elements, and other significant changes in the budget or program
components contained in Attachment 1: CalVIP Request for Proposals Request for Proposals and
Attachment 2: CalVIP Proposal.
8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior
to completion of project upon action or inaction by the Grantee that constitutes a material and
substantial breech of this Grant Agreement. Such action or inaction includes but is not limited
to:
1) substantial alteration of the scope of the grant proje ct without prior written approval of the
BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1:
CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal,
or approved modifications;
3) failure to provide the required local match share of the total project costs; and
4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and
reporting requirements of the Grant Agreement.
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the
Grantee at least 30 calendar days written notice stating the reasons for termination and effective
date thereof. The Grantee may appeal the termination decision in accordance with the
instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of
Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the
dispute persists, the Grantee shall submit to the BSCC Corre ctions Planning and Grant
Programs Division Deputy Director a written demand for a final decision regarding the
disposition of any dispute between the parties arising under, related to, or involving this Grant
Agreement. Grantee’s written demand shall be fully supported by factual information. The
BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days
14.b
Packet Pg. 659 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 4 of 4
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written
decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s
demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is
not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division
Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance
(or the expiration of the 30-day period in the event no decision is rendered), to the BSCC
Executive Director, who shall have 45 days to render a final decision. I f the Grantee does not
appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy
Director, the decision shall be conclusive and binding regarding the dispute and the Contractor
shall be barred from commencing an action in court, or with the Victims Compensation
Government Claims Board, for failure to exhaust Grantee’s administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant
Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement,
including the providing of services in accordance with the Grant Agreement. Grantee’s failure
to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement
shall be considered a material breach of this Grant Agreement.
C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall
be signed by the Executive Director, if an appeal was made. If the Executive Director fails to
render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision,
it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final
decision shall be conclusive and binding regarding the dispute unless the Grantee commences
an action in a court of competent jurisdiction to contest such decision within 90 days following
the date of the final decision or one (1) year following the accrual of the cause of action,
whichever is later.
D. The dates of decision and appeal in this section may be modified by mutual co nsent, as
applicable, excepting the time to commence an action in a court of competent jurisdiction.
9. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that
applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to
the following:
A. No State funds received under the Grant Agreement will be used to assist, promote or deter
union organizing.
B. Grantee will not, for any business conducted under the Grant Agreement, use any State
property to hold meetings with employees or supervisors, if the purpose of such meetings is to
assist, promote or deter union organizing, unless the State property is equally available to the
general public for holding meetings.
C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing,
Grantee will maintain records sufficient to show that no reimbursement from State funds has
been sought for these costs, and that Grantee shall provide those records to the Att orney
General upon request.
10. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is
contrary to law, provided that any such waiver shall be in writing and signed by the party making
such waiver.
14.b
Packet Pg. 660 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 661 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 662 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 663 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 664 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 665 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 666 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 667 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 668 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 669 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 670 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 671 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 672 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 673 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 674 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 675 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 676 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 677 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 678 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 679 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 680 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 681 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 682 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 683 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 684 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
14.b
Packet Pg. 685 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 1 of 1
APPENDIX A: CalVIP EXECUTIVE STEERING COMMITTEE ROSTER
CalVIP Executive Steering Committee - Grant Cycle from October 1, 2020 to December 31, 2023
Name Title & Organizational Affiliation From
1 Chief Andy Mills, Chair Chief of Police, City of Santa Cruz
& Board Member, BSCC Santa Cruz
2 Amanda Benson Chief Assistant Public Defender
Sacramento County Public Defender’s Office Sacramento
3 Norchelle Brown Policy Assistant
U.S. House of Representatives Los Angeles
4 Michelle Scray Brown Chief Probation Officer
San Bernardino County San Bernardino
5 Rev. Dr. Charles Dorsey The Dorsey Group, LLC Long Beach
6 Erinn Herberman, PhD Research Director
San Diego County Probation Department San Diego
7 Stephen Lindley Brady: United Against Gun Violence San Diego
8 DeAngelo Mack Director of State Policy
Public Health Advocates Sacramento
9 Julio Marcial Director, Youth Justice
Liberty Hill Foundation Los Angeles
10 Leanndra Martinez Intake Specialist
First Place for Youth Oakland
11 Mike McLively Senior Staff Attorney
Giffords Law Center to Prevent Gun Violence San Francisco
12 Stacy Alamo Mixson Chief, Safe and Active Communities Branch
California Department of Public Health Sacramento
13 Daniel J. Orth
Program Officer, Kroc Institute for Peace &
Justice
University of San Diego
San Diego
14 Phal Sok Youth Justice Coalition Los Angeles
15 Steve Stavropoulos Assistant Chief Deputy
Sacramento County Probation Department Sacramento
14.b
Packet Pg. 686 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 1 of 2
APPENDIX B: Criteria for Non-Governmental Organizations Receiving BSCC Funds
The 2019-2020 CalVIP Request for Proposals (RFP) includes requirements that apply to non -
governmental, community-based organizations. Grantees are responsible for ensuring that all
contracted third parties continually meet these requirements as a condition of receiving any
CalVIP funds. The RFP describes these requirements as follows:
A non-governmental organization (as either a direct grantee or subgrantee or subcontractor) must
meet the following criteria:
• Have been duly organized, in existence, and in good standing at least six months before
entering into a fiscal agreement with the BSCC or with the CalVIP grantee;
• In either instance (applicant or subgrantee), non-governmental entities that have recently
reorganized or have merged with other qualified non-governmental entities that were in
existence prior to the six-month date are also eligible, provided all necessary agreements
have been executed and filed with the California Secretary of State prior to the start date
of the grant agreement or subcontractor
• Be registered with the California Secretary of State’s Office, if applicable;
• Have a valid business license, Employer Identification Number (EIN), or Taxpayer ID (if
sole proprietorship);
• Have any other state or local licenses or certifications necessary to provide the services
requested (e.g., facility licensing by the Department of Health Care Services), if applicable;
and
• Have a physical address.
Non-Governmental Organizations (NGOs) include: community-based organizations (CBOs),
faith-based organizations (FBOs), non-profit organizations/501(c)(3)s, evaluators (except
government institutions such as universities), grant management companies and any other non -
governmental agency or individual. Note: These criteria do not apply to government organizations
(e.g. counties, cities, school districts).
Provide your agency name and in the table list information for all contracted parties.
Grantee: City of San Bernardino
Name of Contracted Party Address Email / Phone Meets All
Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
14.b
Packet Pg. 687 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
City of San Bernardino
BSCC 857-20
Page 2 of 2
APPENDIX B: Criteria for Non-Governmental Organizations Receiving BSCC Funds
Grantees are required to update this list and submit it to BSCC any time a new third-party contract is
executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation
for each contracted party that verifies compliance with the requirements listed in the CalVIP RFP. These
records will be subject to the records and retention language found in Appendices A and C of the Standard
Agreement.
The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed
above and for which the BSCC does not have a signed grantee assurance on file.
A signature below is an assurance that all requirements listed above have been met.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER
STREET ADDRESS CITY STATE ZIP CODE
EMAIL ADDRESS
SIGNATURE DATE
X
14.b
Packet Pg. 688 Attachment: 20-23 CalVIP Grant Agreement - City of San Bernardino (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All
RESOLUTION NO. 2020-252
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENTS BETWEEN
THE CITY OF SAN BERNARDINO AND YOUNG
VISIONARIES YOUTH LEADERSHIP ACADEMY AND
VICTORY OUTREACH SAN BERNARDINO DOING
BUSINESS AS HOPE CULTURE
WHEREAS, the City’s two-year matching grant of $500,000 with the Board of State and
Community Corrections (BSCC), which supports the Violence Intervention Program, expired
June 30, 2020; and
WHEREAS, the Mayor and City Council gave direction on June 2, 2020, to include
$60,000 in the FY 2020/21 budget to bridge the funding gap between July and September for
violence intervention program outreach services; and
WHEREAS, the City was awarded a California Violence Intervention and Prevention
Grant to provide continued funding for violence intervention outreach and supportive services
beginning October 1, 2020 through December 31, 2023; and
WHEREAS, the City entered in to Professional Services Agreements with Young
Visionaries Youth Leadership Academy and Victory Outreach San Bernardino to provide
violence intervention outreach and supportive services on November 15, 2018; and
WHEREAS, the existing Professional Services Agreements expired September 30, 2020;
and
WHEREAS, the parties now wish to amend the original agreements to extend the term
and increase the not-to-exceed compensation to continue the services through December 31,
2023.
NOW, THEREFORE, 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 the Second Amendment
to the agreement between the City of San Bernardino and Young Visionaries Youth Leadership
Academy, a copy of which is attached hereto marked Exhibit A and incorporated herein.
SECTION 3. The City Manager is hereby authorized to execute the Second Amendment
to the agreement between the City of San Bernardino and Victory Outreach San Bernardino, a
copy of which is attached hereto marked Exhibit B and incorporated herein.
14.c
Packet Pg. 689 Attachment: CM.VIP.Resolution.PSA2ndAmendment (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
Resolution No. 2020-252
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 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, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
14.c
Packet Pg. 690 Attachment: CM.VIP.Resolution.PSA2ndAmendment (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
Resolution No. 2020-252
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
14.c
Packet Pg. 691 Attachment: CM.VIP.Resolution.PSA2ndAmendment (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND YOUNG VISIONARIES YOUTH LEADERSHIP ACADEMY
This Second Amendment to the Professional Services Agreement (“Second
Amendment”) is made and entered into by and between the City of San Bernardino (“City”) and
Young Visionaries Youth Leadership Academy (“Consultant”) as of the last date set forth below.
City and Consultant are collectively referred to herein as the “Parties.”
RECITALS
A. The Parties entered into a Professional Services Agreement on November 14,
2018, in connection with the Violence Intervention Program (“Original Agreement”). The
Parties entered into a First Amendment to the Original Agreement on July 15, 2020 to extend the
term and compensation (“First Amendment”). The Original Agreement, as amended by the First
Amendment, shall be referred to herein as the “Agreement.”
C. The Parties now wish to amend the Agreement to extend the term and increase the
not-to-exceed compensation to continue the services until additional state funding can be
obtained for the program.
NOW, THEREFORE, the Parties agree as follows:
1. Section 1 of the Agreement is hereby amended to replace the Term end date of
September30, 2020 with December 31, 2023.
2. Section 4.b. of the Agreement is hereby amended to replace the not to exceed sum
of $230,000.00 with the not to exceed sum of $700,000.00.
3. Except as modified by this Second Amendment, all provisions of the Agreement
shall remain in full force and effect for the term thereof.
4. This Second Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the
date last stated below.
Dated:_____________ YOUNG VISIONARIES YOUTH LEADERSHIP
ACADEMY
By: Terrance Stone
Its: CEO
Dated:_____________ CITY OF SAN BERNARDINO
By: Robert D. Field
Its: City Manager
14.d
Packet Pg. 692 Attachment: CM.YoungVisionaries.PSA 2nd Amend (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND VICTORY OUTREACH SAN BERNARDINO
This Second Amendment to the Professional Services Agreement (“Second
Amendment”) is made and entered into by and between the City of San Bernardino (“City”) and
Victory Outreach San Bernardino, doing business as HOPE Culture (“Consultant”) as of the last
date set forth below. City and Consultant are collectively referred to herein as the “Parties.”
RECITALS
A. The Parties entered into that certain Professional Services Agreement on
November 15, 2018 in connection with the Violence Intervention Program (“Original
Agreement”). The Parties entered into a First Amendment to the Original Agreement on July 15,
2020 to extend the term and compensation (“First Amendment”). The Original Agreement, as
amended by the First Amendment, shall be referred to herein as the “Agreement.”
B. The Parties now wish to amend the Agreement to extend the term and increase the
not-to-exceed compensation to continue the services until additional state funding can be
obtained for the program.
NOW, THEREFORE, the Parties agree as follows:
1. Section 6 of the Agreement is hereby amended to replace the Term end date of
June 30, 2020 with December 31, 2023.”
2. Section 4.b. of the Agreement is hereby amended to replace the not to exceed sum
of $200,000.00 with the not to exceed sum of $1,130,000.00.
3. Except as modified by this Second Amendment, all provisions of the Agreement
shall remain in full force and effect for the term thereof.
4. This Second Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the
date last stated below.
Dated:_____________ VICTORY OUTREACH: HOPE CULTURE
By: Rick Alanis, Jr.
Its: Executive Director
Dated: _____________ CITY OF SAN BERNARDINO
By: Robert D. Field
Its: City Manager
14.e
Packet Pg. 693 Attachment: CM.VictoryOutreachHOPE.PSA 2nd Amend (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
July 15,
14.f
Packet Pg. 694 Attachment: 1st Amendment_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.gPacket Pg. 695Attachment: 1st Amendment_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 696 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 697 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 698 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 699 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 700 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 701 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 702 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 703 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 704 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 705 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 706 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 707 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 708 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 709 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 710 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 711 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 712 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 713 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.h
Packet Pg. 714 Attachment: PSA_Young Visionaries (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 715 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 716 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 717 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 718 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 719 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 720 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 721 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 722 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 723 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 724 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 725 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 726 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 727 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 728 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 729 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 730 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 731 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 732 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
14.i
Packet Pg. 733 Attachment: PSA_Victory Outreach (6941 : Resolution to Receive and Administer the CalVIP Grant Award (All Wards))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By:Kris Jensen, Director of Public Works
Subject: Purchase Order Increase with Sierra Pacific Electrical (All
Wardsl)
Recommendation
It is respectfully recommended that the Mayor and City Council of the City of San
Bernardino, California, adopt Resolution No. 2020 -255:
1. Authorizing the increase of Purchase Order No. 2021-252 with Sierra Pacific
Electrical Contracting of Jurupa Valley, CA, to increase the purchase order by
$86,501, for an amount not to exceed $136,500; and
2. Authorizing the Finance Director to issue a purchase change order in the support
of the increase.
Background
The Public Works Department is responsible for operating and maintaining nearly 300
signalized intersections within the City’s 62.45 square mile jurisdiction. These
electrically operated intersections rely on highly specialized softwar e and hardware
components that provide indication for roadway users by assigning right -of-way to each
approach and movement. Such components include steel poles, LED lights, timer
settings, camera or pavement sensors, wiring, state of the art controllers, and housing
cabinets to ensure safe operation of systems to support vehicle and pedestrian
transportation 24 hours a day, seven days a week.
It is estimated that an average of up to 35,000 vehicles per day travel on any given
major arterial, and approximately 8,000 daily on two-lane collector streets within the
City. City traffic signals and street light poles are often knocked down due to vehicle
accidents from excessive motorist speed and/or driver inattention. Timely replacement
of these facilities, particularly in the case of traffic signals, is critical to accommodate
safe traffic flows.
Discussion
The City experiences approximately 100 traffic signal and street light knockdowns
annually. Replacing a knocked down facility can range from $2,000 to $1 4,000 per
location. The chart below reflects the knockdowns experienced in calendar year 2019
15
Packet Pg. 734
6944
Page 2
and incidents so far in calendar year 2020.
Traffic Signals Knocked
Down
Street Lights Knocked
Down
2019 54 42
2020* 44 49
*Calendar Year to date
In addition to emergency response provided by Public Works staff in removing and
securing pole knockdowns, the City utilizes Sierra Pacific Electrical for traffic signal and
street light pole replacements. A purchase order was initially established in the amount
of $49,999 with Sierra Pacific for FY 2020/21. As the City continues to experience a
high number of pole knockdowns, the Public Works Department is requesting an
$86,201 increase to the current purchase order, from $49,999 to a total amount no t to
exceed $136,500. This increase will support the replacement of traffic signal poles that
are immediately required, establish additional spending capacity for future knockdown
responses, and provide for replacement of single street light pole knockdown s as
budget allows.
2020-2025 Key Strategic Targets and Goals
Increasing this purchase order is in alignment with Key Target No. 1: Financial Stability
as it supports the objective of minimizing risk and litigation exposure through timely
replacement of traffic signals and lighting facilities, ensuring operability of the traffic
control facilities, and supporting safe vehicular travel throughout the City.
Fiscal Impact
Additional funding in the amount of $86,501 is available through previously approved F Y
2020/21 Operating Budgets in Traffic Safety Fund No. 128-400-0093-5502.
No general fund appropriation is required for this purchase order increase.
Conclusion
It is respectfully recommended that the Mayor and City Council of the City of San
Bernardino, California, adopt Resolution No. 2020-255:
1. Authorizing the increase of Purchase Order No. 2021-252 with Sierra Pacific
Electrical Contracting of Jurupa Valley, CA, to increase the purchase order by
$86,501, for an amount not to exceed $136,500; and
2. Authorizing the Finance Director to issue a purchase change order in the support
of the increase.
Attachments
Attachment 1 Resolution No. 2020-255
Attachment 2 Sierra Pacific Electrical Contracting Quotes
15
Packet Pg. 735
6944
Page 3
Wards: All
Synopsis of Previous Council Actions: N/A
15
Packet Pg. 736
RESOLUTION NO. 2020-255
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE INCREASE OF PURCHASE ORDER
NO. 2021-252 WITH SIERRA PACIFIC ELECTRICAL
CONTRACTING OF JURUPA VALLEY, CALIFORNIA, TO
INCREASE THE PURCHASE ORDER BY $86,501 FOR AN
AMOUNT NOT TO EXCEED $136,500; AND
AUTHORIZING THE FINANCE DIRECTOR TO ISSUE A
PURCHASE CHANGE ORDER IN THE SUPPORT OF THE
INCREASE
WHEREAS, the Public Works Department is responsible for operating and maintaining
approximately 300 signalized intersections and thousands of streetlights within the City’s
jurisdiction; and
WHEREAS, the City experiences approximately 100 traffic signal and street light pole
knockdowns annually and costs to replace a knocked down facility range from $2,000 to $14,000
per location; and
WHEREAS, the City contracts with Sierra Pacific Electrical Contracting to address
replacement of traffic signal and street light facilities; and
WHEREAS, the City desires to increase the existing FY 2020/21 purchase order with
Sierra Pacific Electrical Contracting, from $49,999 to a total amount not to exceed $136,500 to
support replacement of critical traffic and lighting facilities.
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 the increase of Purchase
Order No. 2021-252 with Sierra Pacific Electrical Contracting of Jurupa Valley, C alifornia, in
the amount of $86,501 for a total purchase order amount not to exceed $136,500.
SECTION 3. The Director of Finance is authorized to issue a purchase change order in
support of the increase.
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.
15.a
Packet Pg. 737 Attachment: PW.Sierra Pacific PO Increase.A1-RESO [Revision 3] (6944 : Purchase Order Increase with Sierra Pacific Electrical (All Wardsl))
Resolution No. 2020-255
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
15.a
Packet Pg. 738 Attachment: PW.Sierra Pacific PO Increase.A1-RESO [Revision 3] (6944 : Purchase Order Increase with Sierra Pacific Electrical (All Wardsl))
Resolution No. 2020-255
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
15.a
Packet Pg. 739 Attachment: PW.Sierra Pacific PO Increase.A1-RESO [Revision 3] (6944 : Purchase Order Increase with Sierra Pacific Electrical (All Wardsl))
15.b
Packet Pg. 740 Attachment: PW.Sierra Pacific Knockdown.A2 -Quotes [Revision 1] (6944 : Purchase Order Increase with Sierra Pacific Electrical (All Wardsl))
15.b
Packet Pg. 741 Attachment: PW.Sierra Pacific Knockdown.A2 -Quotes [Revision 1] (6944 : Purchase Order Increase with Sierra Pacific Electrical (All Wardsl))
15.b
Packet Pg. 742 Attachment: PW.Sierra Pacific Knockdown.A2 -Quotes [Revision 1] (6944 : Purchase Order Increase with Sierra Pacific Electrical (All Wardsl))
15.b
Packet Pg. 743 Attachment: PW.Sierra Pacific Knockdown.A2 -Quotes [Revision 1] (6944 : Purchase Order Increase with Sierra Pacific Electrical (All Wardsl))
15.b
Packet Pg. 744 Attachment: PW.Sierra Pacific Knockdown.A2 -Quotes [Revision 1] (6944 : Purchase Order Increase with Sierra Pacific Electrical (All Wardsl))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 21, 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 of Ordinance MC-1547 (All Wards)
Recommendation
Adopt Ordinance MC-1547 of the Mayor and City Council of the City of San Bernardino,
California, adding to Chapter 5.10 a requirement for Cannabis Integrity Standards.
Background
On October 7, 2020, the Mayor and City Council received a Staff Report on adding to
the San Bernardino Municipal Code Chapter 5.10, a requirement for Integrity Standards.
Discussion
The City Council previously voted to consider the adoption of Cannabis Int egrity
Standards to demonstrate transparency to the public and ensure that all applicants are
provided with a fair and open process. To accomplish this, the City must adopt an
ordinance. The proposed ordinance, which was introduced by the City Council on
October 7, adds a section to Chapter 5.10 of the City of San Bernardino Municipal Code
requiring that the City adopt Process Integrity Standards for Commercial Cannabis
Business (CCB) Permits and requiring City Council members to fully disclose contacts
and campaign contributions from CCB applicants.
2020-2025 Key Strategic Targets and Goals
The adoption of this ordinance is consistent with Key Target No 1: Minimize Risk and
Litigation Exposure by specifically, creating transparency within the commercial
cannabis business application process between applicants and key personnel within the
City.
Fiscal Impact
No Fiscal Impact
Conclusion
It is recommended that the Mayor and City Council adopt Ordinance MC-1547 of the
Mayor and City Council of the City of San Bernardino, California, adding to Chapter 5.10
a requirement for Cannabis Integrity Standards.
16
Packet Pg. 745
6945
Page 2
Attachments
Attachment 1 Ordinance MC-1547
Ward: All
Synopsis of Previous Council Actions:
October 7, 2020 Mayor and City Council conducted the first reading of and adopted
Ordinance MC-1547 amending San Bernardino Municipal Code
Chapter 5.10 by adding Integrity Standards to the Cannabis
provisions.
16
Packet Pg. 746
ORDINANCE NO. MC-1547
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
16.a
Packet Pg. 747 Attachment: CED.Cannabis.Integrity Standards Ordinance.A1 (6945 : Final Reading of Ordinance MC-1547 (All Wards))
Ordinance No. MC-1547
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 indirectl y.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 21st 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
16.a
Packet Pg. 748 Attachment: CED.Cannabis.Integrity Standards Ordinance.A1 (6945 : Final Reading of Ordinance MC-1547 (All Wards))
Ordinance No. MC-1547
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-1547, 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-1547 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
16.a
Packet Pg. 749 Attachment: CED.Cannabis.Integrity Standards Ordinance.A1 (6945 : Final Reading of Ordinance MC-1547 (All Wards))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 21, 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 and Adoption of Ordinance MC-1548 (All Wards)
Recommendation
Adopt Ordinance No. MC-1548 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 (Attachment 1).
Background
On October 7, 2020, the Mayor and City Council considered Development Code
Amendment 20-01 amending various sections of the City of San Bernardino
Development Code (Title 19) specifically related to social service facilities. Subsequent
to Mayor and City Council discussion, the City Council conducted the first reading of,
and introduced, Ordinance No. MC-1548.
Discussion
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
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. Accordingly, the
Community and Economic Development Department prepared an am endment to the
Development Code to address these conflicting provisions, and establish additional
standards to regulate the establishment and operation of Social Service Facilities.
Accordingly, the item under consideration by the Mayor and City Council is the final
reading of Development Code Amendment 20-01 related to the establishment and
operation of social service facilities within the City of San Bernardino.
2020-2025 Key Strategic Targets and Goals
Development Code Amendment 20-01 aligns with Key Target No. 3: Improve Quality of
Life. The amendment provides clear definitions, standards and processing procedures
17
Packet Pg. 750
6947
Page 2
for the establishment and operation of Social Service Facilities operating within the City.
Fiscal Impact
No Fiscal Impact.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1548 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.
Attachments
Attachment 1 Ordinance No. MC-1548 (Development Code Amendment 20-01);
Exhibit A - Development Code Section 19.02.050; Exhibit B -
Development Code Section 19.04.030(2)
Ward: All
Synopsis of Previous Council Action:
December 4, 2019 Mayor and City Council adopted Urgency Ordinance No. MC -1527,
enacting a forty-five (45) day moratorium on the approval of la nd
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
(Attachment C), extending the moratorium by ten (10) months and
fifteen (15) days. The moratorium is currently set to expire on
December 3, 2020.
17
Packet Pg. 751
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
17.a
Packet Pg. 752 Attachment: CED.DCA20-01.SOCIAL.A1.ORD NO. MC-1548 [Revision 1] (6947 : Final Reading and Adoption of Ordinance MC-1548 (All Wards))
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
17.a
Packet Pg. 753 Attachment: CED.DCA20-01.SOCIAL.A1.ORD NO. MC-1548 [Revision 1] (6947 : Final Reading and Adoption of Ordinance MC-1548 (All Wards))
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.
17.a
Packet Pg. 754 Attachment: CED.DCA20-01.SOCIAL.A1.ORD NO. MC-1548 [Revision 1] (6947 : Final Reading and Adoption of Ordinance MC-1548 (All Wards))
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
17.a
Packet Pg. 755 Attachment: CED.DCA20-01.SOCIAL.A1.ORD NO. MC-1548 [Revision 1] (6947 : Final Reading and Adoption of Ordinance MC-1548 (All Wards))
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
17.a
Packet Pg. 756 Attachment: CED.DCA20-01.SOCIAL.A1.ORD NO. MC-1548 [Revision 1] (6947 : Final Reading and Adoption of Ordinance MC-1548 (All Wards))
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.
17.b
Packet Pg. 757 Attachment: CED.DCA20-01.SOCIAL.A1.Ordinance.ExhibitA-B (6947 : Final Reading and Adoption of Ordinance MC-1548 (All Wards))
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.
17.b
Packet Pg. 758 Attachment: CED.DCA20-01.SOCIAL.A1.Ordinance.ExhibitA-B (6947 : Final Reading and Adoption of Ordinance MC-1548 (All Wards))
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.
17.b
Packet Pg. 759 Attachment: CED.DCA20-01.SOCIAL.A1.Ordinance.ExhibitA-B (6947 : Final Reading and Adoption of Ordinance MC-1548 (All Wards))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 21, 2020
To: Honorable Mayor and City Council Members
From: Robert Field, City Manager
Subject: Resolution on Supportive Housing for Unsheltered Homeless
Individuals (All Wards)
Recommendation
Adopt Resolution No. 2020-263 of the Mayor and City Council of the City of San
Bernardino, California, regarding permanent supportive housing for unsheltered
homeless individuals.
Background
According to the last point-in-time count conducted by the County of San Bernardino,
the City of San Bernardino is home to over 25% of the unsheltered homeless individuals
in the County. Unsheltered individuals bring with them a myriad of health, socio -
economic and environmental challenges that have a significant impact on these
populations and the communities in which they reside. Addressing these complex
issues requires a collaborative approach, working with both public and private sector
partners.
Discussion
In order to develop an effective regional approach to addressing homelessness ,
including providing permanent supportive housing, the City will need to work together
with the County of San Bernardino to establish a collaborative program among the cities
located in the central portion of the San Bernardino Valley. This will include
strengthening exiting programs and services and continued engagement and
participation in the County’s Interagency Council on Homelessness.
The adoption of the proposed resolution provides staff direction and demonstrates the
City’s commitment to working in collaboration with the County and other partners to
establish a regional approach to providing permanent supportive housing for
unsheltered homeless individuals. This is in keeping with t he Mayor and City Council’s
adopted 2020-2025 key strategic targets and goals, which call for improving the quality
of life in our City while reducing the burden of homelessness through engagement,
collaboration and aliment with other entities.
2020-2025 Key Strategic Targets and Goals
The adoption of a resolution supporting a regional approach to addressing permanent
supportive housing for unsheltered homeless individuals aligns with Key Target No.
18
Packet Pg. 760
6948
Page 2
3(a): Reduce the burden of homelessness through enga gement, collaboration and
alignment with other entities.
Fiscal Impact
No fiscal impact to the City.
Conclusion
Adopt Resolution No. 2020-263 of the Mayor and City Council of the City of San
Bernardino, California, regarding permanent supportive housing for unsheltered
homeless individuals.
Attachments
Attachment 1 Resolution No. 2020-263
18
Packet Pg. 761
RESOLUTION NO. 2020-263
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
REGARDING PERMANENT SUPPORTIVE HOUSING FOR
UNSHELTERED HOMELESS INDIVIDUALS
WHEREAS, according to the previous point-in-time count, the City of San Bernardino is
home to over 25% of the unsheltered homeless individuals (823) in San Bernardino County; and
WHEREAS, unsheltered homeless individuals are the most at-risk and vulnerable to
contacting the spreading diseases, including the COVID-19 virus; and
WHEREAS, it is requested that agencies involved with the provision of CARES Act
funding do so in a collaborative fashion; and
WHEREAS, San Bernardino County has the resources to establish a regional
collaborative program among the cities of the central portion of the San Bernardino Valley to
provide permanent supportive housing for unsheltered homeless individuals; and
WHEREAS, the City of San Bernardino is committed to working collaboratively in
providing support with all available resources to establish a regional permanent supportive
housing program for unsheltered homeless individuals.
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 of San Bernardino respectfully requests the San Bernardino
County Board of Supervisors to establish a regional partnership to provide housing solutions for
unsheltered homeless individuals through a collaborative effort among participating jurisdictions.
SECTION 3. 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 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.
18.a
Packet Pg. 762 Attachment: San Bernardino - Resolution Re Permanent Housing (6948 : Resolution on Supportive Housing for Unsheltered Homeless
Resolution No. 2020-263
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
18.a
Packet Pg. 763 Attachment: San Bernardino - Resolution Re Permanent Housing (6948 : Resolution on Supportive Housing for Unsheltered Homeless
Resolution No. 2020-263
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
18.a
Packet Pg. 764 Attachment: San Bernardino - Resolution Re Permanent Housing (6948 : Resolution on Supportive Housing for Unsheltered Homeless