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12-02-2020 Agenda Packet
IMPORTANT COVID-19 NOTICE In an effort to protect public health and prevent the spread of COVID -19 and to enable appropriate social distancing, the Mayor and City Council meeting is not open for public attendance at this time. All meetings will be held via tele-conference. To view the live meeting: Select the link to view the live-stream on the City’s website: http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2988 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: 11/018/2020 – Open Session- Agenda Item No. 1 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 numb er. 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=4106724&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 A GENCY 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, DECEMBER 2, 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, W ARD 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 Cit y 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 December 2, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 11/25/2020 CALL TO ORDER Attendee Name Present Absent Late Arrived Mayor Pro-Tem, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Henry Nickel Council Member, Ward 6 Bessine L. Richard Council Member, Ward 7 Jim Mulvihill Mayor John Valdivia City Manager Robert D. Field City Attorney Sonia Carvalho City Clerk Genoveva Rocha 5:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): M.H., a minor by and through his guardian ad litem, Nakitta Young v. City of San Bernardino, et al., United States District Court Case No.5:20-cv-00242 JGB (KKx) (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One item 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPOR T CITY MANAGER UPDATE APPOINTMENTS 1. Arts and Historical Preservation Commission Appointment (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Anthony R. Aguirre to the Arts and Historical Preservation Commission representing Ward 3. Mr. Aguirre will replace Lely L. Lim with the term ending December 2024. Regular Meeting Agenda December 2, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 11/25/2020 PRESENTATIONS 2. Recognition of Outgoing Councilmembers and Council Comments PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA STAFF REPORTS 3. FY 2020/21 1St Quarter Budget Report (All Wards) Recommendation Receive and file the attached FY 2020/21 1 st Quarter Budget Report 4. Impact Report for Petition Entitled “Initiative Measure Proposing to Reduce the Rate of the City of San Bernardino Service Users Tax from 7.75% to 3%” and Further Action by City Council on the Initiative Petition (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions: 1. Receive and file the financial impact analysis report of the proposed measure to reduce the rate of the City’s Service Users Tax from 7.75 percent to 3 percent. 2. Submit the Measure to the voters at the next regular General Municipal Election on November 8, 2022, including the adoption of the required Resolutions: 1. Resolution No. 2020-271 of the Mayor and City Council of the City of San Bernardino, submitting to the qualified voters of the City of San Bernardino an initiative measure reducing the rate of the city’s service users tax from seven and three-quarters percent (7.75%) to three percent (3%), at the general municipal election to be held on Tuesday, November 8, 2022. 2. Resolution No. 2020-272 of the Mayor and City Council of the City of San Bernardino, requesting the Board Of Supervisors of the County Of San Bernardino to consolidate a General Municipal Election to be held on November 8, 2022 with the Statewide General Election to be held on that date pursuant to Elections Code Section 10403. 3. Resolution No. 2020-273 of the Mayor and City Council of the City of San Bernardino providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding a City measure to be submitted at the November 8, 2022 General Municipal Election. 5. Approval of Waterman + Baseline Neighborhood Specific Plan Recovery Fee (Wards 1, 2) Recommendation Adopt Resolution No. 2020-275 of the Mayor and City Council of the City of San Bernardino, California, approving the Waterman + Baseline Neighborhood Specific Plan Recovery Fee to recover the costs of preparation of the Specific Plan. Regular Meeting Agenda December 2, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 11/25/2020 PUBLIC HEARINGS 6. San Bernardino Travel Center (Ward 6) Recommendation Planning Commission recommends that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2020 -283 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 20-01 changing the General Plan Land Use Designation from Commercial to Industrial of ten (10) parcels containing a total of approximately 8.10 gross acres (APN: 0266-021-17, 18, 27, 32, 33, 34, 38, 39, 40 and 41 ); 2) Introduce, read by title only, and waive further reading of Ordinance No. MC - 1550 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20 -02 changing the Zoning District Classification from Commercial General (CG -1) to Industrial Light (IL) of ten (10) parcels containing a total of approximately 8.10 gross acres (APN: 0266-021-17, 18, 27, 32, 33, 34, 38, 39, 40 and 41), pursuant to a Mitigated Negative Declaration; 3) Adopt Resolution No. 2020 -284 of the Mayor and City Council of the City of San Bernardino, California, approving Conditional Use Permit 20 -10 and Public Convenience or Necessity Letter 20 -04 allowing the consolidation of ten (10) parcels containing a total of approximately 8.10 gross acres into two (2) parcels containing approximately 6.58 net acres (Parcel 1) and 1.40 net acres (Parcel 2) and the development, establishme nt and operation of a Travel Center (Parcel 1) comprised of a service station, convenience store with an Alcoholic Beverage Control Type-20 (Off-Sale Beer and Wine) License and restaurant with drive -thru, and truck fueling station and over-night truck parking areas (Parcel 2) located on the southwest corner of N. Palm Avenue and W. Kendall Drive (APN: 0266 -021- 17, 18, 27, 32, 33, 34, 38, 39, 40 and 41), pursuant to a Mitigated Negative Declaration; and 4) Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on December 16, 2020. 7. Submittal of the FY 2019 -2020 Consolidated Annual Performance and Evaluation Report CAPER (Citywide) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the submission of the Fiscal Year 2019/20 Consolidated Annual Performance and Evaluation Report (CAPER) to the United States Department of Housing and Urban Development. 8. CFD 2018-1 Annexation No. 2 (Ward 3) Recommendation 1) Hold a Public Hearing; Regular Meeting Agenda December 2, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 11/25/2020 2) Adopt Resolution No. 2020 -286, a Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities Distr ict No. 2018-1 (Safety Services), and calling elections therein; 3) Hold a special landowner election and canvass the election; 4) Adopt Resolution No. 2020 -287, a Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018 -1 (Safety Services) certifying the results of the December 2, 2020 annexation and special tax election. CONSENT CALENDAR 9. Approval of Commercial and Payroll Dis bursements (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 November 2020. 10. Construction Contract Award for Cat Sanctuary at Anima l Shelter - HVAC Upgrade (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020 -277: 1. Appropriating $81,000 from the Animal Shelter Improvement Fund and authorizing the Director of Finance to amend the FY 2020/21 CIP to include HVAC upgrades for a Cat Sanctuary at the Animal Shelter (“Project”); 2. Approving a budget amount of $81,000 for the Project, to include construction costs in the amount of $68,380, project c ontingencies in the amount of $7,620, and engineering and inspection budgets in the amount of $5,000; and 3. Approving the award of a construction contract with WCM & Associates, Inc. of Redlands, California in the amount of $68,380 for the Project. 11. Amendment No. 1 to MOU No. 15 -1001182 with SBCTA for Redlands Passenger Rail Project (Ward 1) Recommendation Adopt Resolution No. 2020-280 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 1 to Memorandum of Understanding (MOU) No. 15 - 1001182 with San Bernardino County Transportation Authority (SBCTA) for the Redlands Passenger Rail Project. Regular Meeting Agenda December 2, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 11/25/2020 12. HOME Investment Partnerships Program Infill Housing Development Master Agreements (Wards 1, 2, 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2020 -281 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Home Investment Partnerships Program (HOME) Infill Housing Development Master Agreements with Neighborhood Partnerships Housing Services (NPHS) and Mary Erickson Community Housing (MECH) to implement the Infill Housing Program; and 2. Authorize the City Manager or designee to take any further actions and execute any further documents as necessary to effectuate the agreements. 13. Subordination of a Deed of Trust in Connection with 1545 Lynwood Way, San Bernardino, California (Ward 7) Recommendation Adopt a Resolution No. 2020 -282 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino approving a Subordination of a Deed of Trust in connection with a refinancing of the Senio r Mortgage Relating to real property located at 1545 Lynwood Way, San Bernardino, California. ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENC ES/MEETINGS ATTENDED ADJOURNMENT Mayor and City Council and the Mayor and City Council Acting as the Success or Agency to the Redevelopment Agency will adjourn to a Special Meeting to be held on Wednesday, December 16, 2020 via tele-conference. The Special Meeting will begin at 5:30 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 December 2, 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 Wednesday, November 25, 2020. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda December 2, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 11/25/2020 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 Age ncy may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor A gency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Page 1 Appointment City of San Bernardino Request for Council Action Date: December 2, 2020 To: Honorable Mayor and City Council Members From: Juan Figueroa, Council Member, Ward 3 Subject: Arts and Historical Preservation Commission Appointment (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Anthony R. Aguirre to the Arts and Historical Preservation Commission representing Ward 3. Mr. Aguir re will replace Lely L. Lim with the term ending December 2024. Background The Arts and Historical Preservation Commission was established by Resolution No. 2018-97 on April 4, 2018 and is charged with advising the Mayor, City Council and City Staff on matters pertaining to the arts, culture, and historic preservation and heritage in the City. The commission is also charged with serving in an advisory capacity to the Planning Commission in making recommendations relating to the designation, preservation and protection of historical properties. Appointees to the commission must have relevant experience or knowledge of visual, performing, literary, and multi -media arts, cultural and architectural heritage or other areas which relate to the mission and purpose of the commission. The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for t he term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, A ligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernar dino, 1 Packet Pg. 9 6993 Page 2 California, approve the appointment of Mr. Anthony R. Aguirre to the Arts and Historical Preservation Commission with the term ending December 2024. Attachments Attachment 1 Commission Application - Mr. Anthony R. Aguirre Ward: 3 1 Packet Pg. 10 1.a Packet Pg. 11 Attachment: Attachment No. 1- Commission application - Anthony R. Aguirre (6993 : Arts and Historical Preservation Commission Appointment 1.a Packet Pg. 12 Attachment: Attachment No. 1- Commission application - Anthony R. Aguirre (6993 : Arts and Historical Preservation Commission Appointment 1.a Packet Pg. 13 Attachment: Attachment No. 1- Commission application - Anthony R. Aguirre (6993 : Arts and Historical Preservation Commission Appointment Page 1 Staff Report City of San Bernardino Request for Council Action Date: December 2, 2020 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Jim Slobojan, Acting Finance Director Subject: FY 2020/21 1St Quarter Budget Report (All Wards) Recommendation Receive and file the attached FY 2020/21 1 st Quarter Budget Report Background The FY 2020/21 Proposed Budget presented in May 2020 , to the Mayor and Council included a projected General Fund deficit of $10 .3 million. This deficit was a combination of the anticipated effects of the COVID 19 pandemic ($8.9 million loss of revenue) and a pre -COVID structural deficit of $1.4 million. At the June 24, 2020 , meeting of the Mayor and City Council, the FY 2020/21 Operating Budget was approved and the projected deficit was closed with a combination of: departmental budget cuts including the deletion of 27 positions; new ongoing revenue streams; the use of just under $3 million in one -time revenue, and the use of $2.8 million from the City’s Economic Contingency Reserves. It is important to highlight that the combined use of reserves and one time funding sources total just under $5.8 million; this amount will have to be funded with ongoing revenues in the upcoming FY 2021/22 budget. FY 2020/21 ESTIMATED DEFICIT PRIOR TO ACTIONS:(10,252,438)$ ON-GOING REVENUE (net of program costs)1,634,067$ ONE TIME FUNDING SOURCES 2,981,809$ DEPARTMENTAL REDUCTIONS 2,829,644$ TOTAL DEFICIT REDUCTION STRATEGIES:7,445,520$ REMAINING DEFICIT SOLVED WITH BUDGET RESERVES (2,806,918)$ When the budget was adopted, and use of reserves was approved, it was with the stipulation that negotiations would continue with the City’s employee bargaining groups and that staff would return to the Mayor and Council with a 1st qua rter budget update. Now that the pandemic’s effects on FY 2019/20 are known, and three months of data from FY 2020/21 is available, projections have been updated accordingly. A combination of better than expected revenues including the passage of Measure S which will increase the City’s district sales tax from .25% to 1% beginning on April 1, 2020, one time revenue received in federal CARES Act funding and savings from the refinancing of the City’s pension obligation bonds (POBs) have placed the City in a 3 Packet Pg. 14 6988 Page 2 better financial position than projected at the beginning of the fiscal year. Although an operating surplus is now estimated this fiscal year and going forward, it is critically important to remember that the forecast does not include the restoration o f services that have been reduced over the past two budget cycles, including the elimination of 105 positions. Additionally, there are currently no reserves for capital improvements, equipment, or infrastructure improvements; and reserves for risk manageme nt functions are underfunded. It is also important to remember that the current economic landscape is continually changing; the long-term effects of the pandemic are difficult to ascertain and it remains to be seen what federal and state economic relief packages will be available moving forward. Even with the passage of the Measure S district sales tax and better than anticipated revenues, we will need to continue to be fiscally disciplined in order to ensure the City’s long-term financial health and provide essential City services that our residents and businesses demand and deserve. We look forward to beginning to restore service levels based upon the City’s strategic goals and objectives. Updated projections for the General Fund, including budget rese rves, revenues, and expenditures are discussed in detail in the following section. Discussion When the FY 20/21 General Fund Budget was adopted, total reserves were estimated to be $21.4 million as of June 30, 2021. However, a number of things have occ urred since adoption of the budget that has increased this estimate by $26.2 million to a revised total of $47.6 million. FY 2020/21 General Fund Overview 1st Quarter Budget Update Adopted Budget 2020/21 Amended Budget 2020/21 (includes budget carryovers) 1st Quarter Budget Update 2020/21 Variance Adopted Budget to 1st Quarter Update Beginning General Fund Balance 24,182,370$ 32,304,569$ 32,304,569$ 8,122,199$ Plus: Reserve for Carryovers 1,517,842$ 1,517,842$ 1,517,842$ Total Available Beginning Fund Balance 7/1/20 24,182,370$ 33,822,411$ 33,822,411$ 9,640,041$ Revenues 127,872,994 133,255,010 145,805,327 17,932,333 Expenditures (130,679,912) (133,027,079) (132,058,955) (1,379,043) Projected General Fund Operating Surplus /(Deficit)(2,806,918) 227,931 13,746,372 16,553,290 Projected General Fund Reserve 21,375,452$ 34,050,342$ 47,568,783$ 26,193,331$ Fund Balance Designations Operating Reserve: Emergency Reserve - 15% of Adopted Budget 19,601,987 19,601,987 19,601,987 - Economic Contigency Reserve - 10% of Adopted Budget 1,773,466 13,067,991 13,067,991 11,294,526 Sub - Total Budgeted Reserves 21,375,452 32,669,978 32,669,978 11,294,526 Undesignated 1,380,364 14,898,805 14,898,805 Projected General Fund Reserves 6/30/21 21,375,452$ 34,050,342$ 47,568,783$ 26,193,331$ -$ Items contributing to $26.2 million change in the General Fund Available Fund Balance: 3 Packet Pg. 15 6988 Page 3 Increased Beginning Available Fund Balance - As discussed in detail in the FY 2019/20 Year-End Budget Update Report presented on November 18, 2020, the impacts of the pandemic on the City’s revenues were less severe than expected. Savings resulting from immediate steps taken to reduce expenditures combined with better than expected revenues increased the FY 2020/21 available beginning fund balance by $8.1 million to a total of $32.3 million. Additionally, $1.5 million restricted for budget carryovers was also approved by the City Council for use in FY 2020/21, bringing the total available beginning fund balance to $33.8 million. Projected net increase in revenues of $17.9 million to a total of $145.8 million. The primary reasons for the revenue increase are due to the passage of Measure S, and one-time federal CARES Act funding. Revenues are discussed in greater detail later in the “General Fund Revenues” section of this report. A net increase in projected expenditures of almost $1.4 million. This increase is related to budget carryovers, one-time savings from the refinancing of the City’s pension obligation bonds, and approved budget increases related to the one -time spending of CARES Act funding. Projected changes to expenditures are discussed in greater detail later in the “General Fund Expenditures” section of this report. It is important to reiterate that of this $26.2 million increase in fund balance, approximately $6.4 million is one -time in nature from a combination of federal CARES Act funding and savings from the refinancing of the City’s pension obligation bonds (POBs). Additionally, at the time the budget was adopted, just under $3 million in one - time transfers (from the Evidence Impound Fund, close -out balances from the Grant Fund and Street Construction Fund, and a one -time transfer from the Cultural Development Fund) were used to balance the budget. General Fund Revenues General Fund revenues are projected to be $17.9 million higher than expected when the FY 2020/21 Operating Budget was adopted, with the bulk of the incre ase related to the passage of Measure S and the award of one -time federal CARES Act funds: 3 Packet Pg. 16 6988 Page 4 FY 2020/21 FY 2020/21 FY 2020/21 Variance Adopted Amended 1st Quarter Adopted Budget to Description of Revenue Budget Budget Update 1st Quarter Update Charges for services 6,305,483 6,305,483 6,331,777 26,294 Fines and forfeitures 1,512,000 1,512,000 1,512,000 0 Franchise Tax 10,130,000 10,130,000 11,530,000 1,400,000 Intergovernmental 2,485,000 2,485,000 8,042,550 5,557,550 Investment income 450,000 450,000 450,000 0 Licenses & permits 11,295,551 11,295,551 11,295,551 0 Measure Z /Measure S Sales Tax 7,900,000 7,900,000 15,750,000 7,850,000 Miscellaneous 2,973,516 2,973,516 2,973,516 0 Other Taxes 8,164,236 8,164,236 7,482,875 (681,361) Property Taxes 18,316,742 18,316,742 18,384,834 68,092 Sales and Use Tax 32,488,243 32,488,243 36,500,000 4,011,757 Transfers in 1,752,227 1,752,227 1,752,227 0 Use of Money and Property 899,996 899,996 899,996 0 Utility Users Tax 23,200,000 23,200,000 22,900,000 (300,000) Grand Total Revenues 127,872,994$ 127,872,994$ 145,805,327$ 17,932,333$ City of San Bernardino Fiscal Year 2020/21 General Fund Revenues 1st Quarter Budget Update Significant areas of General Fund revenue increases: Measure Z / S Sales Tax - On November 3rd, voters approved Measures S (County certification of election results pending) which will increase the City’s local sales tax rate (currently Measure Z) from .25% to 1%. The .25% rate will remain in place until the end of the 3 rd quarter of this fiscal year and then the new Measure S rate of 1% will take effect starti ng in April of 2021. Combined, Measure Z and Measure S are estimated to generate $7.9 million in additional revenues over projections in the FY 2020/21 Adopted Budget. Of this $7.9 million increase, $6.75 million is attributed to new revenue from the p assage of Measure S and $1.1 million is due to Measure Z revenues remaining stronger than expected during the pandemic. Total revenue projected in this category for FY 2020/21 is $15.7 million. Going forward, on an annual basis (full year), Measure S is expected to generate approximately a total of $36 million (of which $27 million is new revenue). Sales Tax - Revenue from sales tax is projected to be approximately $36.5 million, which is a $4 million increase over projections in the Adopted Budget. To provide context, FY 2019/20 sales tax revenue totaled $37.7 million. Sales tax projections are developed by the City’s contract sales tax consultant, HdL. They have cautioned that the effects of the pandemic and related business closures are difficult to ascertain and it remains to be seen what federal and state economic relief packages will be available. 3 Packet Pg. 17 6988 Page 5 Intergovernmental Revenues - The City was awarded $5.3 million in federal CARES Act funding to counter the economic impacts resulting from the pandemic. CARES Act funding, as specified by federal law, may only be used for unbudgeted costs incurred between March 1, 2020 and December 30, 2020 in response to the public health, safety, and economic impacts of the COVID -19 pandemic. This is a one -time, non-recurring funding stream and it remains to be seen what federal and state economic relief packages will be available going forward. Franchise Fees - Franchise Fees are projected to exceed budget estimates by approximately $1.4 million. The additional revenue in this category is related to Burrtec’s rate increase of 14% on commercial properties (approved by the Mayor and Council on June 19th, 2019). As mentioned in the FY 2019/20 Year -End Budget Report, Burrtec franchise fee revenue totaled $8.9 million and it is expected that this level of revenue from Burrtec will continue in FY 2020/21. Other Taxes - The primary reason for the decrease in this category is due to expected declines in Transient Occupancy Tax (TOT). TOT revenues are projected to be approximately $680,000 lower than the adopted budget. Compared to the same time last year, revenues are down almost $200,000. Utilities Users Tax (UUT) - Revenues are projected to decrease by an estimated $300,000 to $22.9 million. UUT has remained relatively flat with minor declines. A number of factors affect UUT, including weather, consumers switching from cable TV to streaming services, and the increase in solar and other energy efficiency upgrades by residents and businesses. Property Tax i n Lieu of VLF - Revenue from Property Tax in Lieu of VLF is based on the assessed valuation of properties in the City. Based on updated information from the City’s property tax consultant, this revenue is expected to increase by approximately $68,092. Charges for Services - Shortfalls in Cannabis Special Event revenue (which is directly impacted by pandemic related closures) are expected to be offset by increased fee based revenues (for example: plan checks, cannabis permit fees, tow release fees, etc.). General Fund Expenditures General Fund expenditures are projected to be $1.3 million higher than estimated in the adopted expenditure budget. Most of the increase is related to the $1.5 million in budget carryovers that were approved by the City Counc il on November 18. A portion of fund balance at the end of FY 2019/20 was reserved for budget carryovers into FY 2020/21. Other increases are related to $171,000 in Community Development costs associated with responding to the city’s declaration of an eme rgency for the COVID -19 pandemic and a $659,257 adjustment for a San Manuel appropriation. These increases have corresponding revenue increases resulting in no impact to the General Fund. 3 Packet Pg. 18 6988 Page 6 Increases in expenditures were offset by savings from the refinanci ng of the City’s pension obligation bonds (savings is in the General Government Department). In July, the Mayor and City Council approved a plan to restructure the City’s “Pension Obligation Notes” resulting in one -time savings of $968,124 in FY 2020/21. FY 2020/21 FY 2020/21 FY 2020/21 Variance Department Adopted Amended 1st Quarter Adopted Budget to Budget Budget Update 1st Quarter Update 010 Mayor 438,097 440,097 440,097 2,000 020 City Council 820,034 825,959 825,959 5,925 030 City Clerk 945,403 1,068,612 1,068,612 123,209 050 City Attorney 2,517,122 2,784,663 2,784,663 267,541 090 General Government 8,281,633 8,281,633 7,313,509 (968,124) 100 City Manager 2,319,468 2,371,971 2,371,971 52,503 110 Human Resource 1,283,424 1,471,514 1,471,514 188,090 120 Finance 3,542,614 3,553,976 3,553,976 11,363 150 Assessment Districts 120,000 120,000 120,000 - 160 Capital Projects - 405,650 405,650 405,650 180 Community & Economic Development 5,744,393 5,952,696 5,952,696 208,303 210 Police 83,886,461 84,952,346 84,952,346 1,065,885 380 Parks Recreation & Community 3,387,106 3,403,107 3,403,107 16,001 400 Public Works 15,506,895 15,506,895 15,506,895 - 470 Library 1,887,263 1,887,961 1,887,961 698 Total Expenditures 130,679,912 133,027,079$ 132,058,955$ 1,379,043$ City of San Bernardino Fiscal Year 2020/21 General Fund Expenditures 1st Quarter Budget Update 10-Year Financial Forecast The 10-year forecast provides a picture of the City’s finances over a period of time assuming the City will continue with current service levels, without adding any new or expanded programs or services. To predict revenues and expenditures staff performs a rigorous examination of historical data and economic conditions to identify trends used to forecast the City’s finances over a ten-year period. As much as staff endeavors to incorporate all the variables that might impact these projections, there are factors that are impossible to predict, such as natural disasters or pandemics. Although an operating surplus is estimated this fiscal year and going forward due primarily to the passage of Measure S, it is critically import ant to remember that the forecast does not include restoration to services that have been reduced over the past two budget cycles, including the elimination of 105 positions. There currently are no reserves for capital improvements, equipment, or infrastructure improvements; and reserves for risk management functions are underfunded. Staff has updated the 10-Year Financial Forecast with the updated information 3 Packet Pg. 19 6988 Page 7 presented in this report, including the passage of Measure S. As illustrated in the graph below, the passage of Measure S is projected to generate approximately $27 million in additional resources to the City on an annual basis. Again, is difficult to attempt to predict the financial position of the City ten years into the future with full accuracy, but staff has built into the plan all known variables as well as the following assumptions: Projections for the CalPERS Unfunded Actuarial Liability (UAL) provided by CalPERS No additions to current service levels No additional employees No cost of living adjustments to employees in any of the future years Removal of one-time revenue sources in future years The forecast will be updated as issues of service levels and reserves for long term requirements are addressed during the upcoming Mid -Ye ar Budget review in February and the budget development process for FY 2021/22. 2020-2025 Key Strategic Targets and Goals Receiving and Filing the FY 2020/21 1 st Quarter Budget Update Report aligns with Goal No. 1: Financial Stability. Updated revenue and expenditure projections provide the Mayor and City Council’ with important information and analysis needed in order to make financial decisions impacting the City. Fiscal impact There is no fiscal impact related to receiving and filing this report. Conclusion Receive and provide input on the attached fiscal year (FY) 2020/21 1 st Quarter Budget 3 Packet Pg. 20 6988 Page 8 Update. Attachments Attachment 1- 10-Year Forecast Ward: All Synopsis of Previous Council Actions: June 24, 2020 The Mayor and City Council adopted Resoluti on No. 2020-128 approving the City of San Bernardino’s Operating Budget and Capital Improvement Program (CIP) for FY 2019/20. 3 Packet Pg. 21 Attachment 1 10-Year Financial Forecast FY 2018/19 to FY 2027/28 11/19/2020 FY 2018-19 Audited Actual FY 2019-20 Unaudited Actuals FY 2020-21 Adopted FY 2020-21 Projected FY 2021-22 Forecast FY 2022-23 Forecast FY 2023-24 Forecast FY 2024-25 Forecast FY 2025-26 Forecast FY 2026-27 Forecast FY 2027-28 Forecast REVENUES: Other Taxes 8,219,311 7,787,907 8,164,236 7,482,875 7,564,802 7,642,560 7,721,416 7,801,387 7,876,675 7,958,841 8,048,134 Licenses & Permits 11,250,755 11,738,139 10,987,079 11,295,551 11,452,448 11,612,404 11,775,495 11,941,798 12,111,392 12,284,359 12,460,784 Fines & Forfeitures 2,295,461 1,613,015 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 Investment Income 844,223 1,081,496 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 Use of Money & Property 1,309,153 1,430,363 899,996 899,996 899,996 899,996 899,996 899,996 899,996 899,996 899,996 Intergovernmental 1,787,758 2,171,368 2,485,000 8,042,550 2,660,534 2,660,534 2,660,534 2,660,534 2,660,534 2,660,534 2,660,534 Charges for Services 6,128,926 4,696,553 6,806,415 6,331,777 8,394,905 8,510,874 8,630,029 8,752,458 8,878,256 9,007,519 9,140,346 Property Taxes in Lieu of VLF 16,054,643 17,487,842 18,316,742 18,384,834 18,109,062 18,290,152 18,473,054 18,657,784 18,844,362 19,032,806 19,223,134 Sales & Use Taxes 38,337,628 37,704,481 32,488,243 36,500,000 37,412,500 38,160,750 38,923,965 39,702,444 40,496,493 41,306,423 42,132,552 Utility Users Tax 22,924,522 22,680,847 23,200,000 22,900,000 22,600,000 22,600,000 22,600,000 22,600,000 22,600,000 22,600,000 22,600,000 Measure Z/S Sales Tax 9,717,123 9,193,472 7,900,000 15,750,000 36,488,411 37,218,179 37,962,543 38,721,794 39,496,230 40,286,154 41,091,877 Franchise Tax 10,678,437 11,812,361 10,130,000 11,530,000 11,587,650 11,703,527 11,820,562 11,938,767 12,058,155 12,178,737 12,300,524 Miscellaneous 3,061,111 4,407,333 2,781,056 2,973,516 2,923,190 2,933,154 2,943,417 2,953,988 2,924,876 2,936,090 2,947,641 Transfer In 1,752,227 1,752,227 Grand Total 132,609,052$ 133,805,175$ 127,872,994 145,805,327$ 162,055,498$ 164,194,131$ 166,373,010$ 168,592,951$ 170,808,969$ 173,113,460$ 175,467,523$ EXPENDITURES: Division Total Total Total Total Total Total Total Total Total Total Total 001-010 - Mayor 592,988$ 625,698 393,314 395,314$ 397,063$ 400,893$ 404,806$ 408,804$ 412,890$ 417,065$ 421,331$ 001-020 - City Council 785,265 628,132 618,511 624,436 625,147 631,168 637,307 643,564 649,942 656,444 663,072 001-030 - City Clerk 862,820 721,252 855,837 979,047 865,241 875,157 885,279 895,612 906,161 916,929 927,922 001-050 - City Attorney 2,811,393 3,451,749 2,494,730 2,762,272 2,497,248 2,499,819 2,502,444 2,507,477 2,513,179 2,519,711 2,527,282 001-090 - General Government 6,523,377 12,110,317 5,082,761 4,114,637 5,101,565 4,973,888 3,979,396 3,989,295 4,484,875 4,033,314 4,082,888 PERS - Unfunded Liability Payment 18,880,450 22,237,885 24,658,543 24,658,543 27,907,670 31,727,367 33,383,620 35,154,661 36,117,127 37,118,701 38,081,168 Merit Increases 600,000 600,000 600,000 600,000 600,000 600,000 600,000 Transfer to BK Fund 3,918,719 1,036,880 900,000 900,000 Transfer to Animal Services Fund 1,692,870 1,591,638 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 001-100 - City Manager 2,612,717 2,474,585 2,073,162 2,125,665 2,091,726 2,107,300 2,123,210 2,139,462 2,156,065 2,173,025 2,190,353 001-110 - Human Resources 1,000,512 1,043,419 1,151,315 1,339,404 1,164,430 1,177,956 1,191,760 1,205,847 1,220,223 1,234,895 1,249,869 001-120 - Finance 4,838,189 3,248,240 3,072,394 3,083,757 3,098,959 3,126,308 3,154,239 3,182,766 3,211,920 3,241,697 3,272,110 001-150 - Assessment Districts 118,755 120,000 120,000 120,000 120,000 120,000 120,000 120,000 120,000 120,000 001-160 - Capital Projects 3,892,286 939,132 405,651 001-180 - Community Development 3,698,510 3,664,586 5,162,216 5,370,519 5,395,921 5,465,695 5,536,926 5,609,292 5,683,168 5,758,587 5,835,582 001-210 - Police 63,598,258 59,159,491 63,188,960 64,254,843 63,711,564 64,233,704 64,767,857 65,313,464 65,871,655 66,442,736 67,027,019 001-380 - Parks Recreation and Community Services 3,711,485 3,569,318 3,051,236 3,067,236 3,962,405 4,000,936 4,040,317 4,080,568 4,121,710 4,163,763 4,206,746 001-400 - Public Works 19,083,537 12,505,399 13,894,713 13,894,713 14,536,600 14,740,291 14,948,433 15,156,810 15,369,751 15,587,360 15,809,743 001-470 - Library 1,675,137 1,498,954 1,663,349 1,664,047 1,676,742 1,690,461 1,704,469 1,718,772 1,733,378 1,748,292 1,763,520 Total General Fund:140,178,515$ 130,625,431$ 130,679,912$ 132,058,955$ 136,051,151$ 140,669,816$ 142,278,935$ 145,025,266$ 147,470,917$ 149,031,392$ 151,077,476$ General Fund Surplus / (Deficit):(7,569,463)3,179,744 (2,806,918)13,746,372 26,004,346 23,524,315 24,094,075 23,567,685 23,338,052 24,082,068 24,390,046 Projected Beginning Fund Balances 39,112,915 31,543,452 33,822,411 33,822,411 47,568,783 73,573,130 97,097,445 121,191,520 144,759,206 168,097,258 192,179,326 Projected Ending Fund Balances 31,543,452 34,723,196 31,015,493 47,568,783 73,573,130 97,097,445 121,191,520 144,759,206 168,097,258 192,179,326 216,569,372 Programmed Use of Reserves (Carryovers)(1,517,842) Transfer to Restricted (for Parks Donation)(1,500,000) Change in Non-Spendable 599,215 Projected General Fund Reserve 31,543,452 32,304,569 31,015,493 47,568,783 73,573,130 97,097,445 121,191,520 144,759,206 168,097,258 192,179,326 216,569,372 Emergency Reserve - 15% of adopted budget 19,023,273 19,024,050 19,601,987 19,601,987 20,407,673 21,100,472 21,341,840 21,753,790 22,120,638 22,354,709 22,661,621 Economic Contigency Reserve - 10% of adopted budget 12,520,178 12,682,700 11,413,506 13,067,991 13,605,115 14,066,982 14,227,894 14,502,527 14,747,092 14,903,139 15,107,748 Undesgnated 597,819 - 14,898,805 39,560,342 61,929,991 85,621,787 108,502,889 131,229,528 154,921,478 178,800,003 Major Assumptions & Explanations: 1. Assumes Measure S was approved by voters (Election results uncertified) 2. The Model assumes no Cost of Living Salary adjustments beyond FY 2019/20. 3. The Model assumes merit increases at an annual cost of $600,000. 4. The Model assumes Salary Savings of $1,859,800 on an annual basis. 5. This model assumes that UUT will remain at 7.75%. 6. The FY 20/21 Projected column includes any amendments to the budget to date (i.e. Carryovers, Debt Refinancing). 7. The FY 20/21 Projected column has updated revenue projections for Sales Tax, Measure Z/S, and UUT as well as the one-time CARES Act funding. 8. PERS Unfunded Accrued Liability (UAL) increasing by $5.2 million in FY 20/21 and by $18.3 million by FY 27/28. * Note: The Miscellaneous (Non-Safety) portion of the UAL is split with the Water Department paying 35% and the City paying 65%. This split is subject to change in future years depending on staffing levels in each respective organization. In addition, this model assumes no discount which comes with prepaying the UAL. Finally, the model assumes the General Fund paying all of the city's portion. 3.a Packet Pg. 22 Attachment: Attachment No. 1 - Budget Update.Att 1.10-Year Forecast (6988 : FY 2020/21 1St Quarter Budget Report (All Wards)) Page 1 Staff Report City of San Bernardino Request for Council Action Date: December 2, 2020 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Jim Slobojan, Acting Finance Director Subject: Impact Report for Petition Reducing Service Users Tax (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions: 1. Receive and file the financial impact analysis report of the pr oposed measure to reduce the rate of the City’s Service Users Tax from 7.75 percent to 3 percent. 2. Submit the Measure to the voters at the next regular General Municipal Election on November 8, 2022, including the adoption of the required Resolutions: 1. Resolution No. 2020-271 of the Mayor and City Council of the City of San Bernardino, submitting to the qualified voters of the City of San Bernardino an initiative measure reducing the rate of the city’s service users tax from seven and three-quarters percent (7.75%) to three percent (3%), at the general municipal election to be held on Tuesday, November 8, 2022. 2. Resolution No. 2020-272 of the Mayor and City Council of the City of San Bernardino, requesting the Board Of Supervisors of the County Of San Bernardino to consolidate a General Municipal Election to be held on November 8, 2022 with the Statewide General Election to be held on that date pursuant to Elections Code Section 10403. 3. Resolution No. 2020-273 of the Mayor and City Council of the City of San Bernardino providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding a City measure to be submitted at the November 8, 2022 General Municipal Election. Background On March 20, 2020, the City received a Notice of Intent to Circulate a Petition and proposed initiative measure (“Measure”) from Ryan Fischer, an authorized representative of Samuel Coleman, a San Bernardino resident and proponent of the Measure. If approved, the Measure would reduce the rate of the City’s current Service 4 Packet Pg. 23 6980 Page 2 Utilities Users Tax (UUT) from 7.75 percent to 3 percent. Section 900 of the City’s Charter provides that initiative measures shall follow the procedures set forth in the California Elections Code. In accordance with the Elections Code, the City Attorney’s office timely prepared and sent a ballot title and summary of the Measure to the Measure’s proponent and authorized representative on April 2, 2020. The proponent then had 6 months from receipt of the ballot title and summary to gather enough signatures to qualify the Measure for the ballot. On September 23, 2020, the proponent submitted a signed petition to the City Clerk’s Office. As is standard practice, the City Clerk’s Office forwarded the si gned petition to the San Bernardino County Registrar of Voters to verify the validity of the petition signatures. On October 20, 2020, the City Clerk’s office received a notification from the County Registrar of Voters that the petition contains 2,339 val id signatures. Generally, the Elections Code requires the signatures of at least 10 percent of the City’s registered voters to qualify a local measure. However, pursuant to Proposition 218, a provision of the State Constitution relating to local taxes (Calif. Const. Art. XIIIC, Sec. 3), the signature threshold to qualify a local tax repeal or reduction measure was lowered to 5 percent of the City’s registered voters who voted for any candidate for Governor at the last Statewide election (November, 2018). That lowers the minimum signature requirement to 1,972 in order to qualify the measure. Therefore, the Measure has qualified for the ballot. At the November 4, 2020 , meeting, the Mayor and City Council accepted the Certification of Sufficiency of the Initia tive Petition and directed staff to prepare an impartial and informational report analyzing the impact of the Measure on the City’s finances and its ability to provide public services . Since the Measure has obtained the required number of signatures, the Mayor and City Council’s options under Elections Code Sections 1405 and 9215 are as follows: a) Adopt the Measure, without alteration, at this meeting, or within 10 days after; b) Submit the Measure to the voters at the next regular municipal election oc curring at least 88 days later. A “regular municipal election” is one where Councilmembers are elected. The next regular municipal election upon which this Measure can be placed will be November 8, 2022; or c) Submit the Measure to the voters at a speci al municipal election occurring on a Tuesday between 88 and 103 days after the City Council calls the election (either February 2, 2021 or February 9, 2021). Based upon the projected cost impact to the City, staff recommends moving forward with submitting the measure to voters at the next regular municipal election (option (b)) as holding a special election (option (c)) will be significantly higher because the cost of the election would be borne exclusively by the City, in contrast to the November 8, 2022 regular election where many agencies will share the cost. Furthermore, if the UUT rate 4 Packet Pg. 24 6980 Page 3 is lowered from 7.75 percent down to 3 percent the City’s General Fund revenues will be reduced by an estimated $14 million annually affecting all levels of city service s, including public safety, parks and recreation, homeless programs, street repairs, citywide facility maintenance, youth after-school programs, senior programs, retaining local businesses and jobs, and other general city services. Discussion Utility Users Taxes are levied by local governments on the consumption of utility services, including electricity, gas, sewer, telecommunications, and cable television. There are currently 148 cities in California that have a UUT. The UUT was adopted in San Bernardino on August 13, 1968. The UUT currently provides $22.6 million in General Fund revenue representing 17 percent of total General Fund revenues . If the proposed measure were to pass, it would be several months before the UUT rate reduction will become effective. Under California Elections Code section 9217, a local measure is not deemed adopted by the voters until the City Council has certified the final election results, which typically occurs about a month after the election. The measure then beco mes legally effective 10 days after adoption. Further, California Public Utilities Code section 799(a)(5) provides that once the UUT rate change becomes legally effective, the City must send written notice to all utilities that collect and remit the UUT to the City. The utilities are not required to implement the rate change for at least 60 days after receipt of the City’s notice. If the 60th day falls in the middle of a calendar month, the notice period is extended to the first day of the following month. Therefore, if the measure were to pass at an election, the rate reductions would likely take effect between March and April 2023. 4 Packet Pg. 25 6980 Page 4 If voters approve the ballot measure to reduce the UUT rate from 7.75 percent to 3 percent, the City will lose an estimated $3.5 million in General Fund revenue in FY 2022/23 with a projected effective date of April 1, 2023. The City will lose $14 million in General Fund revenues annually starting in FY 2023/24. 10-Year Forecast Projections The 10-Year Forecast provides a picture of the City’s finances over a period of time, assuming the City will continue with current service levels, without adding any new or expanded programs or services. To predict revenues and expenditures staff performs a rigorous examination of historical data and economic conditions to identify trends used to forecast the City’s finances over a 10 -year period. As much as staff endeavors to incorporate all the variables that might impact these projections, there are factors that are impossible to forecast, such as natural disasters or pandemics. Although an operating surplus is estimated this fiscal year and going forward due primarily to the projected passage of Measure S, it is critically important to remember that the forecast does not include restoration to services that have been reduced over the past two budget cycles, including the elimination of 105 positions. There currently are no reserves for capital improvements, equipment, or infrastructure improvements; and reserves for risk management functions are underfunded. Attached are two versions of the 10 -Year Forecast. The first version is the 10 -Year Forecast with no reduction in UUT. The second version illustrates the impact on the City’s finances if the Measure to reduce the UUT from 7.75 percent to 3 percent passes. This second scenario projects a loss of $3.5 million in FY 2022/23 and then $14 million annually thereafter. During the upcoming Mid-Year Budget review in February and again during the budget 4 Packet Pg. 26 6980 Page 5 development process for FY 2021/22, the forecast will be updated as issues of service levels and reserves for long term requirements are addressed; and as more information regarding the impacts of the COVID -19 pandemic become available 2020-2025 Key Strategic Targets and Goals The request for an Impact Report aligns with Key Target No.1: Financial Stability- Securing a long-term revenue source, and implementing, maintaining, and updating a fiscal accountability plan. Fiscal Impact If the Measure to reduce the Utility User Tax rate from 7.75 percent to 3 percent is passed, the City will lose an estimated $14 million annually. The impact will affect all levels of city services, including public safety, parks and recreation, homeless programs, street repairs, citywide facility mai ntenance, youth after-school programs, senior programs, retaining local businesses and jobs, and other general city services. The November 8, 2022 regular municipal election will be included in the FY 2022/23 operating budget as a normal course of business. The additional cost to the City to add an initiative measure to this ballot is estimated to be $296,000 based on the estimate received for the November 3, 2020 general municipal election. In contrast, adding the Measure to a special municipal electio n ballot in February or March, 2021 is not currently budgeted. Special municipal elections tend to be significantly more expensive because the cost would be borne exclusively (or nearly exclusively) by the City, in contrast to the November 8, 2022 regular election where many agencies will share the cost. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions: 1. Receive and file the financial impact analysis report of the propo sed measure to reduce the rate of the City’s Service Users Tax from 7.75 percent to 3 percent. 2. Submit the Measure to the voters at the next regular General Municipal Election on November 8, 2022, including the adoption of the required Resolutions: 1. Resolution No. 2020-271 of the Mayor and City Council of the City of San Bernardino, submitting to the qualified voters of the City of San Bernardino an initiative measure reducing the rate of the city’s service users tax from seven and three-quarters percent (7.75%) to three percent (3%), at the general municipal election to be held on Tuesday, November 8, 2022. 2. Resolution No. 2020-272 of the Mayor and City Council of the City of San Bernardino, requesting the Board Of Supervisors of the County Of Sa n Bernardino to consolidate a General Municipal Election to be held on November 8, 2022 with the Statewide General Election to be held on that 4 Packet Pg. 27 6980 Page 6 date pursuant to Elections Code Section 10403. 3. Resolution No. 2020-273 of the Mayor and City Council of the City of San Bernardino providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding a City measure to be submitted at the November 8, 2022 General Municipal Election. Attachments Attachment 1 10-Year Forecasts Attachment 2 Resolution No. 2020 -271 Attachment 3 Exhibit A to Resolution No. 2020 -271 - Text of Initiative Measure/Ordinance Attachment 4 Resolution No. 2020 -272 Attachment 5 Resolution No. 2020 -273 4 Packet Pg. 28 UUT Remains at 7.75%10-Year Financial Forecast FY 2018/19 to FY 2027/28 11/19/2020 FY 2018-19 Audited Actual FY 2019-20 Unaudited Actuals FY 2020-21 Adopted FY 2020-21 Projected FY 2021-22 Forecast FY 2022-23 Forecast FY 2023-24 Forecast FY 2024-25 Forecast FY 2025-26 Forecast FY 2026-27 Forecast FY 2027-28 Forecast REVENUES: Other Taxes 8,219,311 7,787,907 8,164,236 7,482,875 7,564,802 7,642,560 7,721,416 7,801,387 7,876,675 7,958,841 8,048,134 Licenses & Permits 11,250,755 11,738,139 10,987,079 11,295,551 11,452,448 11,612,404 11,775,495 11,941,798 12,111,392 12,284,359 12,460,784 Fines & Forfeitures 2,295,461 1,613,015 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 Investment Income 844,223 1,081,496 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 Use of Money & Property 1,309,153 1,430,363 899,996 899,996 899,996 899,996 899,996 899,996 899,996 899,996 899,996 Intergovernmental 1,787,758 2,171,368 2,485,000 8,042,550 2,660,534 2,660,534 2,660,534 2,660,534 2,660,534 2,660,534 2,660,534 Charges for Services 6,128,926 4,696,553 6,806,415 6,331,777 8,394,905 8,510,874 8,630,029 8,752,458 8,878,256 9,007,519 9,140,346 Property Taxes in Lieu of VLF 16,054,643 17,487,842 18,316,742 18,384,834 18,109,062 18,290,152 18,473,054 18,657,784 18,844,362 19,032,806 19,223,134 Sales & Use Taxes 38,337,628 37,704,481 32,488,243 36,500,000 37,412,500 38,160,750 38,923,965 39,702,444 40,496,493 41,306,423 42,132,552 Utility Users Tax 22,924,522 22,680,847 23,200,000 22,900,000 22,600,000 22,600,000 22,600,000 22,600,000 22,600,000 22,600,000 22,600,000 Measure Z/S Sales Tax 9,717,123 9,193,472 7,900,000 15,750,000 36,488,411 37,218,179 37,962,543 38,721,794 39,496,230 40,286,154 41,091,877 Franchise Tax 10,678,437 11,812,361 10,130,000 11,530,000 11,587,650 11,703,527 11,820,562 11,938,767 12,058,155 12,178,737 12,300,524 Miscellaneous 3,061,111 4,407,333 2,781,056 2,973,516 2,923,190 2,933,154 2,943,417 2,953,988 2,924,876 2,936,090 2,947,641 Transfer In 1,752,227 1,752,227 Grand Total 132,609,052$ 133,805,175$ 127,872,994 145,805,327$ 162,055,498$ 164,194,131$ 166,373,010$ 168,592,951$ 170,808,969$ 173,113,460$ 175,467,523$ EXPENDITURES: Division Total Total Total Total Total Total Total Total Total Total Total 001-010 - Mayor 592,988$ 625,698 393,314 395,314$ 397,063$ 400,893$ 404,806$ 408,804$ 412,890$ 417,065$ 421,331$ 001-020 - City Council 785,265 628,132 618,511 624,436 625,147 631,168 637,307 643,564 649,942 656,444 663,072 001-030 - City Clerk 862,820 721,252 855,837 979,047 865,241 875,157 885,279 895,612 906,161 916,929 927,922 001-050 - City Attorney 2,811,393 3,451,749 2,494,730 2,762,272 2,497,248 2,499,819 2,502,444 2,507,477 2,513,179 2,519,711 2,527,282 001-090 - General Government 6,523,377 12,110,317 5,082,761 4,114,637 5,101,565 4,973,888 3,979,396 3,989,295 4,484,875 4,033,314 4,082,888 PERS - Unfunded Liability Payment 18,880,450 22,237,885 24,658,543 24,658,543 27,907,670 31,727,367 33,383,620 35,154,661 36,117,127 37,118,701 38,081,168 Merit Increases 600,000 600,000 600,000 600,000 600,000 600,000 600,000 Transfer to BK Fund 3,918,719 1,036,880 900,000 900,000 Transfer to Animal Services Fund 1,692,870 1,591,638 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 001-100 - City Manager 2,612,717 2,474,585 2,073,162 2,125,665 2,091,726 2,107,300 2,123,210 2,139,462 2,156,065 2,173,025 2,190,353 001-110 - Human Resources 1,000,512 1,043,419 1,151,315 1,339,404 1,164,430 1,177,956 1,191,760 1,205,847 1,220,223 1,234,895 1,249,869 001-120 - Finance 4,838,189 3,248,240 3,072,394 3,083,757 3,098,959 3,126,308 3,154,239 3,182,766 3,211,920 3,241,697 3,272,110 001-150 - Assessment Districts 118,755 120,000 120,000 120,000 120,000 120,000 120,000 120,000 120,000 120,000 001-160 - Capital Projects 3,892,286 939,132 405,651 001-180 - Community Development 3,698,510 3,664,586 5,162,216 5,370,519 5,395,921 5,465,695 5,536,926 5,609,292 5,683,168 5,758,587 5,835,582 001-210 - Police 63,598,258 59,159,491 63,188,960 64,254,843 63,711,564 64,233,704 64,767,857 65,313,464 65,871,655 66,442,736 67,027,019 001-380 - Parks Recreation and Community Services 3,711,485 3,569,318 3,051,236 3,067,236 3,962,405 4,000,936 4,040,317 4,080,568 4,121,710 4,163,763 4,206,746 001-400 - Public Works 19,083,537 12,505,399 13,894,713 13,894,713 14,536,600 14,740,291 14,948,433 15,156,810 15,369,751 15,587,360 15,809,743 001-470 - Library 1,675,137 1,498,954 1,663,349 1,664,047 1,676,742 1,690,461 1,704,469 1,718,772 1,733,378 1,748,292 1,763,520 Total General Fund:140,178,515$ 130,625,431$ 130,679,912$ 132,058,955$ 136,051,151$ 140,669,816$ 142,278,935$ 145,025,266$ 147,470,917$ 149,031,392$ 151,077,476$ General Fund Surplus / (Deficit):(7,569,463)3,179,744 (2,806,918)13,746,372 26,004,346 23,524,315 24,094,075 23,567,685 23,338,052 24,082,068 24,390,046 Projected Beginning Fund Balances 39,112,915 31,543,452 33,822,411 33,822,411 47,568,783 73,573,130 97,097,445 121,191,520 144,759,206 168,097,258 192,179,326 Projected Ending Fund Balances 31,543,452 34,723,196 31,015,493 47,568,783 73,573,130 97,097,445 121,191,520 144,759,206 168,097,258 192,179,326 216,569,372 Programmed Use of Reserves (Carryovers)(1,517,842) Transfer to Restricted (for Parks Donation)(1,500,000) Change in Non-Spendable 599,215 Projected General Fund Reserve 31,543,452 32,304,569 31,015,493 47,568,783 73,573,130 97,097,445 121,191,520 144,759,206 168,097,258 192,179,326 216,569,372 Emergency Reserve - 15% of adopted budget 19,023,273 19,024,050 19,601,987 19,601,987 20,407,673 21,100,472 21,341,840 21,753,790 22,120,638 22,354,709 22,661,621 Economic Contigency Reserve - 10% of adopted budget 12,520,178 12,682,700 11,413,506 13,067,991 13,605,115 14,066,982 14,227,894 14,502,527 14,747,092 14,903,139 15,107,748 Undesgnated 597,819 - 14,898,805 39,560,342 61,929,991 85,621,787 108,502,889 131,229,528 154,921,478 178,800,003 Major Assumptions & Explanations: 1. Assumes Measure S was approved by voters (Election results uncertified) 2. The Model assumes no Cost of Living Salary adjustments beyond FY 2019/20. 3. The Model assumes merit increases at an annual cost of $600,000. 4. The Model assumes Salary Savings of $1,859,800 on an annual basis. 5. This model assumes that UUT will remain at 7.75%. 6. The FY 20/21 Projected column includes any amendments to the budget to date (i.e. Carryovers, Debt Refinancing). 7. The FY 20/21 Projected column has updated revenue projections for Sales Tax, Measure Z/S, and UUT as well as the one-time CARES Act funding. 8. PERS Unfunded Accrued Liability (UAL) increasing by $5.2 million in FY 20/21 and by $18.3 million by FY 27/28. * Note: The Miscellaneous (Non-Safety) portion of the UAL is split with the Water Department paying 35% and the City paying 65%. This split is subject to change in future years depending on staffing levels in each respective organization. In addition, this model assumes no discount which comes with prepaying the UAL. Finally, the model assumes the General Fund paying all of the city's portion. Attachment 1 4.a Packet Pg. 29 Attachment: Attachment No. 1 - 10-Year Forecasts (6980 : Impact Report for Petition Reducing Service Users Tax (All Wards)) UUT Reducing to 3% Effective April 1 , 2023 10-Year Financial Forecast FY 2018/19 to FY 2027/28 11/19/2020 FY 2018-19 Audited Actual FY 2019-20 Unaudited Actuals FY 2020-21 Adopted FY 2020-21 Projected FY 2021-22 Forecast FY 2022-23 Forecast FY 2023-24 Forecast FY 2024-25 Forecast FY 2025-26 Forecast FY 2026-27 Forecast FY 2027-28 Forecast REVENUES: Other Taxes 8,219,311 7,787,907 8,164,236 7,482,875 7,564,802 7,642,560 7,721,416 7,801,387 7,876,675 7,958,841 8,048,134 Licenses & Permits 11,250,755 11,738,139 10,987,079 11,295,551 11,452,448 11,612,404 11,775,495 11,941,798 12,111,392 12,284,359 12,460,784 Fines & Forfeitures 2,295,461 1,613,015 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 Investment Income 844,223 1,081,496 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 Use of Money & Property 1,309,153 1,430,363 899,996 899,996 899,996 899,996 899,996 899,996 899,996 899,996 899,996 Intergovernmental 1,787,758 2,171,368 2,485,000 8,042,550 2,660,534 2,660,534 2,660,534 2,660,534 2,660,534 2,660,534 2,660,534 Charges for Services 6,128,926 4,696,553 6,806,415 6,331,777 8,394,905 8,510,874 8,630,029 8,752,458 8,878,256 9,007,519 9,140,346 Property Taxes in Lieu of VLF 16,054,643 17,487,842 18,316,742 18,384,834 18,109,062 18,290,152 18,473,054 18,657,784 18,844,362 19,032,806 19,223,134 Sales & Use Taxes 38,337,628 37,704,481 32,488,243 36,500,000 37,412,500 38,160,750 38,923,965 39,702,444 40,496,493 41,306,423 42,132,552 Utility Users Tax 22,924,522 22,680,847 23,200,000 22,900,000 22,600,000 19,137,097 8,748,387 8,748,387 8,748,387 8,748,387 8,748,387 Measure Z/S Sales Tax 9,717,123 9,193,472 7,900,000 15,750,000 36,488,411 37,218,179 37,962,543 38,721,794 39,496,230 40,286,154 41,091,877 Franchise Tax 10,678,437 11,812,361 10,130,000 11,530,000 11,587,650 11,703,527 11,820,562 11,938,767 12,058,155 12,178,737 12,300,524 Miscellaneous 3,061,111 4,407,333 2,781,056 2,973,516 2,923,190 2,933,154 2,943,417 2,953,988 2,924,876 2,936,090 2,947,641 Transfer In 1,752,227 1,752,227 Grand Total 132,609,052$ 133,805,175$ 127,872,994 145,805,327$ 162,055,498$ 160,731,228$ 152,521,397$ 154,741,338$ 156,957,356$ 159,261,847$ 161,615,910$ EXPENDITURES: Division Total Total Total Total Total Total Total Total Total Total Total 001-010 - Mayor 592,988$ 625,698 393,314 395,314$ 397,063$ 400,893$ 404,806$ 408,804$ 412,890$ 417,065$ 421,331$ 001-020 - City Council 785,265 628,132 618,511 624,436 625,147 631,168 637,307 643,564 649,942 656,444 663,072 001-030 - City Clerk 862,820 721,252 855,837 979,047 865,241 875,157 885,279 895,612 906,161 916,929 927,922 001-050 - City Attorney 2,811,393 3,451,749 2,494,730 2,762,272 2,497,248 2,499,819 2,502,444 2,507,477 2,513,179 2,519,711 2,527,282 001-090 - General Government 6,523,377 12,110,317 5,082,761 4,114,637 5,101,565 4,973,888 3,979,396 3,989,295 4,484,875 4,033,314 4,082,888 PERS - Unfunded Liability Payment 18,880,450 22,237,885 24,658,543 24,658,543 27,907,670 31,727,367 33,383,620 35,154,661 36,117,127 37,118,701 38,081,168 Merit Increases 600,000 600,000 600,000 600,000 600,000 600,000 600,000 Transfer to BK Fund 3,918,719 1,036,880 900,000 900,000 Transfer to Animal Services Fund 1,692,870 1,591,638 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 2,298,872 001-100 - City Manager 2,612,717 2,474,585 2,073,162 2,125,665 2,091,726 2,107,300 2,123,210 2,139,462 2,156,065 2,173,025 2,190,353 001-110 - Human Resources 1,000,512 1,043,419 1,151,315 1,339,404 1,164,430 1,177,956 1,191,760 1,205,847 1,220,223 1,234,895 1,249,869 001-120 - Finance 4,838,189 3,248,240 3,072,394 3,083,757 3,098,959 3,126,308 3,154,239 3,182,766 3,211,920 3,241,697 3,272,110 001-150 - Assessment Districts 118,755 120,000 120,000 120,000 120,000 120,000 120,000 120,000 120,000 120,000 001-160 - Capital Projects 3,892,286 939,132 405,651 001-180 - Community Development 3,698,510 3,664,586 5,162,216 5,370,519 5,395,921 5,465,695 5,536,926 5,609,292 5,683,168 5,758,587 5,835,582 001-210 - Police 63,598,258 59,159,491 63,188,960 64,254,843 63,711,564 64,233,704 64,767,857 65,313,464 65,871,655 66,442,736 67,027,019 001-380 - Parks Recreation and Community Services 3,711,485 3,569,318 3,051,236 3,067,236 3,962,405 4,000,936 4,040,317 4,080,568 4,121,710 4,163,763 4,206,746 001-400 - Public Works 19,083,537 12,505,399 13,894,713 13,894,713 14,536,600 14,740,291 14,948,433 15,156,810 15,369,751 15,587,360 15,809,743 001-470 - Library 1,675,137 1,498,954 1,663,349 1,664,047 1,676,742 1,690,461 1,704,469 1,718,772 1,733,378 1,748,292 1,763,520 Total General Fund:140,178,515$ 130,625,431$ 130,679,912$ 132,058,955$ 136,051,151$ 140,669,816$ 142,278,935$ 145,025,266$ 147,470,917$ 149,031,392$ 151,077,476$ General Fund Surplus / (Deficit):(7,569,463)3,179,744 (2,806,918)13,746,372 26,004,346 20,061,412 10,242,462 9,716,072 9,486,439 10,230,455 10,538,433 Projected Beginning Fund Balances 39,112,915 31,543,452 33,822,411 33,822,411 47,568,783 73,573,130 93,634,542 103,877,004 113,593,076 123,079,516 133,309,971 Projected Ending Fund Balances 31,543,452 34,723,196 31,015,493 47,568,783 73,573,130 93,634,542 103,877,004 113,593,076 123,079,516 133,309,971 143,848,404 Programmed Use of Reserves (Carryovers)(1,517,842) Transfer to Restricted (for Parks Donation)(1,500,000) Change in Non-Spendable 599,215 Projected General Fund Reserve 31,543,452 32,304,569 31,015,493 47,568,783 73,573,130 93,634,542 103,877,004 113,593,076 123,079,516 133,309,971 143,848,404 Emergency Reserve - 15% of adopted budget 19,023,273 19,024,050 19,601,987 19,601,987 20,407,673 21,100,472 21,341,840 21,753,790 22,120,638 22,354,709 22,661,621 Economic Contigency Reserve - 10% of adopted budget 12,520,178 12,682,700 11,413,506 13,067,991 13,605,115 14,066,982 14,227,894 14,502,527 14,747,092 14,903,139 15,107,748 Undesgnated 597,819 - 14,898,805 39,560,342 58,467,088 68,307,270 77,336,760 86,211,787 96,052,123 106,079,035 Major Assumptions & Explanations: 1. Assumes Measure S was approved by voters (Election results uncertified) 2. The Model assumes no Cost of Living Salary adjustments beyond FY 2019/20. 3. The Model assumes merit increases at an annual cost of $600,000. 4. The Model assumes Salary Savings of $1,859,800 on an annual basis. 5. This model assumes that UUT will be reduced from 7.75% to 3% effective April 1, 2023 6. The FY 20/21 Projected column includes any amendments to the budget to date (i.e. Carryovers, Debt Refinancing). 7. The FY 20/21 Projected column has updated revenue projections for Sales Tax, Measure Z/S, and UUT as well as the one-time CARES Act funding. 8. PERS Unfunded Accrued Liability (UAL) increasing by $5.2 million in FY 20/21 and by $18.3 million by FY 27/28. * Note: The Miscellaneous (Non-Safety) portion of the UAL is split with the Water Department paying 35% and the City paying 65%. This split is subject to change in future years depending on staffing levels in each respective organization. In addition, this model assumes no discount which comes with prepaying the UAL. Finally, the model assumes the General Fund paying all of the city's portion. Attachment 1 4.a Packet Pg. 30 Attachment: Attachment No. 1 - 10-Year Forecasts (6980 : Impact Report for Petition Reducing Service Users Tax (All Wards)) RESOLUTION NO. 2020-271 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF SAN BERNARDINO AN INITIATIVE MEASURE REDUCING THE RATE OF THE CITY’S SERVICE USERS TAX FROM SEVEN AND THREE-QUARTERS PERCENT (7.75%) TO THREE PERCENT (3%), AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, N OVEMBER 8, 2022 WHEREAS, pursuant to San Bernardino Municipal Code, Chapters 3.44 and 3.46, the City currently imposes a tax on the use of communications, electricity and gas utility service within the City, at a rate of seven and three -quarters percent (7.75%) of the charges made for such utility service (“Service Users Tax”); and WHEREAS, pursuant to authority provided by statute, a petition has been filed with the City Council of the City of San Bernardino, seeking to enact an initiative measure/ordinance which would reduce the rate of the City’s current Service Users Tax from seven and three- quarters percent (7.75%) to three percent (3%) (the “Measure” or “Ordinance”); and WHEREAS, notwithstanding California Elections Code Section 9215, California Proposition 218, a provision of the State Constitution relating to local taxes (Calif. Const. Art. XIIIC, Sec. 3), provides that a local tax repeal or reduction initiative measure may qualify for the ballot if a petition is filed with the City containing the signatures of at least five percent (5%) of the number of the City’s registered voters who voted for any candidate for Governor at the last Statewide election (November, 2018); and WHEREAS, application of Proposition 218 results in a minimum signature requirement to 1,972 voters in order to qualify the Measure; and WHEREAS, the City Clerk, through the San Bernardino County Registrar of Voters, has certified that the form of the petition complies with California law and, based upon an examination of voter registration records, has ascertained that the petition is signed by the requisite number of voters to qualify the Measure for the ballot under Proposition 218; and WHEREAS, the City Council has not voted in favor of adoption of the Measure; and WHEREAS, the City Council is therefore authorized by California Elections Code Sections 1405 and 9215 to submit the proposed Measure to the voters at its “next regularly scheduled election occurring not less than 88 days after the date of the order of election”; and WHEREAS, the City Council desires to place the Measure on the next “regularly scheduled election” which is the City’s General Municipal Election to be held on Tuesday, November 8, 2022; and 4.b Packet Pg. 31 Attachment: Attachment No. 2 - Resolution No. 2020-271 - Calling General Election on November 8 2022 for Petition Initiative Measure (6980 : Resolution No. 2020-271 WHEREAS, the specific terms of the Measure are attached hereto as Exhibit “A” and by this reference made an operative part hereof, and in accordance with all applicable laws. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Recitals. The City Council of the City hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof. SECTION 2. Submission of Ballot Measure. The City Council of the City, pursuant to its right and authority as contained in California Elections Code Sections 1405 and 9215, hereby orders the Measure attached hereto as Exhibit “A” to be submitted to the qualified voters of the City at a General Municipal Election to be held on Tuesday, November 8, 2022. The proposed Measure shall be in the form attached hereto as Exhibit “A” to this Resolution and is incorporated by this reference as if fully set forth herein. SECTION 3. Ballot Question. The City Council, pursuant to its right and authority, does hereby order that the ballot question for the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the election to be held at the General Municipal Election on Tuesday, November 8, 2022, in addition to any other matters required by law, there shall be printed substantially the following: “Shall a measure reducing the rate of the City’s Service Users Tax from 7.75% to 3%, and thereby reducing annual general fund revenue by approximately $14,000,000 annually until amended by voters, be adopted? YES NO SECTION 4. Election Procedures. The City Clerk is authorized, instructed, and directed to procure and furnish, or cause to be procured and furnished, any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 5. Impartial Analysis. Pursuant to Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure, and transmit such impartial analysis to the City Clerk not later than the deadline for submittal of primary arguments for or against the Measure. The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter 4.b Packet Pg. 32 Attachment: Attachment No. 2 - Resolution No. 2020-271 - Calling General Election on November 8 2022 for Petition Initiative Measure (6980 : Resolution No. 2020-271 information guide, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartia l analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the Office of the City Clerk at (909) 384 -5002 and a copy will be mailed at no cost to you.” SECTION 6. Notice of Election. Notice of the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. Placement on the Ballot. The full text of the Measure shall not be printed in the voter information guide, and a statement shall be printed on the ballot pursuant to Elections Code section 9223 advising voters that they may obtain a copy of this Resolution and the Measure, at no cost, upon request made to the City Clerk. SECTION 8. Filing with County. The City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, November 8, 2022, file with the Board of Supervisors and the County Registrar of Voters of the County of S an Bernardino, State of California, a certified copy of this Resolution. SECTION 9. Public Examination. Pursuant to Elections Code section 9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run. SECTION 10. CEQA. The City Council hereby finds and determines that the ballot measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5). SECTION 11. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity. SECTION 12. Effective Date of Resolution. This Resolution shall become effective upon its adoption. SECTION 13. Certification of Resolution. The City Clerk shall certify to the adoption of this Resolution. 4.b Packet Pg. 33 Attachment: Attachment No. 2 - Resolution No. 2020-271 - Calling General Election on November 8 2022 for Petition Initiative Measure (6980 : Resolution No. 2020-271 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of December, 2020. ______________________________________ John Valdivia, Mayor City of San Bernardino Attest: ___________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: ___________________________________ Sonia Carvalho, City Attorney 4.b Packet Pg. 34 Attachment: Attachment No. 2 - Resolution No. 2020-271 - Calling General Election on November 8 2022 for Petition Initiative Measure (6980 : Resolution No. 2020-271 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. 2020-271, adopted at a regular meeting held at the 2nd day of December, 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 3rd day of December 2020. ______________________________ Genoveva Rocha, CMC, City Clerk 4.b Packet Pg. 35 Attachment: Attachment No. 2 - Resolution No. 2020-271 - Calling General Election on November 8 2022 for Petition Initiative Measure (6980 : EXHIBIT “A” TEXT OF INITIATIVE MEASURE/ORDINANCE REDUCING THE RATE OF THE CITY OF SAN BERNARDINO SERVICE USERS TAX FROM SEVEN AND THREE- QUARTERS PERCENT (7.75%) TO THREE PERCENT (3%) [attached behind this page] 4.c Packet Pg. 36 Attachment: Attachment No. 3 - Exhibit to Resolution No. 2020-271 - Text of initiative measure/Ordinance (6980 : Impact Report for Petition EXHIBIT “A” ORDINANCE NO. ____ AN ORDINANCE OF THE PEOPLE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING VARIOUS SECTIONS OF CHAPTERS 3.44 AND 3.46 OF TITLE 3 (REVENUE AND FINANCE) OF THE SAN BERNARDINO MUNICIPAL CODE REDUCING THE RATE OF THE CITY OF SAN BERNARDINO SERVICE USERS TAX FROM SEVEN AND THREE-QUARTERS PERCENT (7.75%) TO THREE PERCENT (3%). THE PEOPLE OF THE CITY OF SAN BERNARDINO DO HEREBY ORDAIN AS FOLLOWS: SECTION 1: TITLE. This initiative measure shall be known as and may be cited as the San Bernardino Service User Tax Reduction Act. SECTION 2: FINDINGS AND DECLARATIONS . We the people of the City of San Bernardino do find and declare the following: A. The City of San Bernardino imposes a Service User Tax, commonly known as a Utility User Tax, on residents and businesses within the city. This 7.75 percent (7.75%) tax is imposed on a wide range of necessary and essential services, including electricity, gas and telecommunications services. In 2008, the city expanded the range of services that it can tax to include cable television and video streaming services as well as mobile telecommunications services including data plans. B. A clear majority of California C ities DO NOT impose these taxes on their residents. Of those cities that do impose these taxes on essential services, San Bernardino’s 7.75 percent (7.75%) tax rate is among the highest in the state. SECTION 3: PURPOSE AND INTENT. It is the intent of the people of the City of San Bernardino in enacting this initiative measure to: A. Reduce the San Bernardino Service User Tax by amending chapters 3.44 and 3.46 of the San Bernardino Municipal Code. SECTION 4: AMENDMENT OF MUNICIPAL CODES. References to a 7.75 percent (7.75%) tax rate which appear at various locations under Chapter 3.44 and Chapter 3.46 are hereby amended to state a tax rate of 3.00 percent (3.00%) as follows: 4.c Packet Pg. 37 Attachment: Attachment No. 3 - Exhibit to Resolution No. 2020-271 - Text of initiative measure/Ordinance (6980 : Impact Report for Petition EXHIBIT “A” A. The reference to “. . .7.75 percent (7.75%). . .” appe aring in the second sentence of paragraph A of section 3.44.050 (Electricity users’ tax) is amended and replaced with “. . . 3.00 percent (3.00%). . .”. B. The reference to “. . .7.75 percent (7.75%). . .” appearing in the second sentence of paragraph A of section 3.44.060 (Gas users’ tax) is amended and replaced with “. . . 3.00 percent (3.00%). . .”. C. The references to “. . .7.75 percent (7.75%). . .” appearing in the first and second sentences of section 3.44.065 (Application of City users tax) is amended and replaced with “. . . 3.00 percent (3.00%). . .”. D. The reference to “. . .7.75 percent (7.75%). . .” appearing in the second sentence of paragraph A of section 3.46.040 (Communication users’ tax) is amended and replaced with “. . . 3.00 percent (3.00%). . .”. SECTION 5: EFFECTIVE DATE. Pursuant to California Elections Code section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of San Bernardino voting at the General Municipal Election of November 8, 2022. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter. SECTION 6: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this initiative measure is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this initiative measure shall nonetheless remain in full force and effect. The people hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this initiative measure, irrespective of the fact that any one of more sections, subsections, sentences, clauses, phrases, or portions of this initiative measure be declared invalid or unenforceable. SECTION 7: COMPETING MEASURES. If this initiative measure and another initiative measure or initiative measures relating to the reduction of service user taxes in the City of San Bernardino appear on the same ballot, the provisions of the other initiative measure or initiative measure shall be deemed to conflict with this initiative measure. If this initiative measure shall receive a greater number of affirmative votes required to pass than the other initiative measure or initiative measur es, the provisions of this initiative measure shall prevail in their entirety over the competing initiative measure or initiative measures, and the competing initiative measure or initiative measures shall be null and void. I hereby certify that this Service Users Tax Rate Reduction Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of San Bernardino on the 8th day of November, 2022. 4.c Packet Pg. 38 Attachment: Attachment No. 3 - Exhibit to Resolution No. 2020-271 - Text of initiative measure/Ordinance (6980 : Impact Report for Petition EXHIBIT “A” ______________________________________ John Valdivia, Mayor City of San Bernardino Attest: ___________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: ___________________________________ Sonia Carvalho, City Attorney 4.c Packet Pg. 39 Attachment: Attachment No. 3 - Exhibit to Resolution No. 2020-271 - Text of initiative measure/Ordinance (6980 : Impact Report for Petition RESOLUTION NO. 2020-272 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS CODE SECTION 10403 WHEREAS, on November 4, 2020, the City Council of the City of San Bernardino (“City Council”) adopted Resolution No. 2020-271, calling a General Municipal Election to be held on November 8, 2022 for the purpose of submitting to the voters a proposed Service Users Tax rate reduction initiative measure; and WHEREAS, it is therefore desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City of San Bernardino (“San Bernardino”) the precincts, polling places and election officers of the two elections be the same, and that the election department of the County of San Bernardino (“County”) canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO DOES RESOLVE, DECLARE, DETERMINE AND OR DER AS FOLLOWS: SECTION 1. Request for Consolidation. Pursuant to the requirements of Elections Code section 10403, the Board of Supervisors of the County of San Bernardino (“Board of Supervisors”) is hereby requested to consent and agree to the consolid ation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of submitting to the voters the following transactions and use (sales) tax measure: SECTION 2. Measure Language. The measure is to appear on the ballot as follows: “Shall a measure reducing the rate of the City’s Service Users Tax from 7.75% to 3%, and thereby reducing annual general fund revenue by approximately $14,000,000 annually until amended by voters, be adopted? YES NO SECTION 3. Canvass of Returns. The C ounty election department is authorized to canvass the returns and perform all other proceedings incidental to and connected with the General Municipal Election. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to Elections Code sections 10403 4.d Packet Pg. 40 Attachment: Attachment No. 4 - Resolution No. 2020-272 - Resolution Requesting Consolidation of Election with SB County - Service Users Tax Resolution No. 2020-272 and 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election. SECTION 4. Necessary Steps. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. Costs. The City Council determines and declares that the City will pay to the County the reasonable and actual expenses incurred by the County by the consolidation of the General Municipal Election with the Statewide General Election. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. The City Manager of the City of San Bernardino is authorized and directed to pay for the expenses incurred after receiving a statement from the County of San Bernardino. SECTION 6. Filing of Resolution. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the election department of the County of San Bernardino. SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of December, 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. 41 Attachment: Attachment No. 4 - Resolution No. 2020-272 - Resolution Requesting Consolidation of Election with SB County - Service Users Tax Resolution No. 2020-272 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. 2020-272, adopted at a regular meeting held at the 2nd day of December, 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 3rd day of December 2020. ______________________________ Genoveva Rocha, CMC, City Clerk 4.d Packet Pg. 42 Attachment: Attachment No. 4 - Resolution No. 2020-272 - Resolution Requesting Consolidation of Election with SB County - Service Users Tax RESOLUTION NO. 2020-273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, PROVIDING FOR THE FILING OF PRIMARY AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION WHEREAS, a General Municipal Election is to be held in the City of San Bernardino, California on November 8, 2022, at which there will be submitted to the voters the following measure: “Shall a measure reducing the rate of the City’s Service Users Tax from 7.75% to 3%, and thereby reducing annual general fund revenue by approximately $14,000,000 annually until amended by voters, be adopted? Yes No NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Primary Arguments. That the City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) a ny individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change the argument until and including the date fixed below by the City Clerk, after which no arguments for or against the City measure may be submitted to the City Clerk. The deadline to submit arguments for or against the City Measure pursuant to this Resolution is declared by the City Clerk to be August 12, 2022 at 5:00 p.m. Each argument shall not exceed 300 words and shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. SECTION 2. Rebuttal Arguments. Pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the primary arguments for and against the City Measure which will be printed and distributed to the voters, the Clerk shall send copies of the primary argument in favor of the Measure to the authors of the primary argument against, and copies of the primary argument against to the authors of the primary argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 4.e Packet Pg. 43 Attachment: Attachment No. 5 - Resolution No. 2020-273 - Resolution Setting Deadlines and Rules for Arguments and Rebuttals - Service Users Resolution No. 2020-273 250 words. The rebuttal arguments shall be filed with the City Clerk not later than August 19, 2020, at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument which it seeks to rebut. SECTION 3. Prior Resolutions. That all previous resolutions providing for the filing of primary and rebuttal arguments related to City measures are repealed. SECTION 4. November 8, 2022 Election. That the provisions of Sections 1 and 2 shall apply only to the election to be held on November 8, 2022, and shall then be repealed. SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of December, 2020. ___________________________________ John Valdivia, Mayor City of San Bernardino Attest: ___________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: ___________________________________ Sonia Carvalho, C ity Attorney 4.e Packet Pg. 44 Attachment: Attachment No. 5 - Resolution No. 2020-273 - Resolution Setting Deadlines and Rules for Arguments and Rebuttals - Service Users Resolution No. 2020-273 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. 2020-273, adopted at a regular meeting held at the 2nd day of December, 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 3rd day of December 2020. ______________________________ Genoveva Rocha, CMC, City Clerk 4.e Packet Pg. 45 Attachment: Attachment No. 5 - Resolution No. 2020-273 - Resolution Setting Deadlines and Rules for Arguments and Rebuttals - Service Users Page 1 Staff Report City of San Bernardino Request for Council Action Date: December 2, 2020 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Approval of Waterman + Baseline Neighborhood Specific Plan Recovery Fee (Wards 1, 2) Recommendation Adopt Resolution No. 2020-275 of the Mayor and City Council of the City of San Bernardino, California, approving the Waterman + Baseline Neighborhood Specific Plan Recovery Fee to recover the costs of preparation of the Specific Plan. Background On December 19, 2016, the Mayor and City Council adopted the Waterman + Baseline Neighborhood Specific Plan. The Waterman + Baseline Neighborhood Specifi c Plan established a land use and development framework, identified for needed transportation and infrastructure improvements, and served as a marketing tool for attracting developers to key sites to boost economic development activities in this area. The Specific Plan was intended to encourage residential and neighborhood -serving commercial establishments on major corridors such as Baseline Street and Waterman Avenue, direct the creation of employment generating uses to the southern portion of the project area closer to the Civic Center and Downtown, and protect and enhance the existing residential neighborhoods. The land use plan accommodated an increase in residential uses from an estimated 2,049 units to approximately 4,341 units, an increase in commer cial uses from approximately 2,366,385 square feet to approximately 3,570,448 square feet, and establishes six (6) distinct districts to guide future development of key parcels through the project area. The Arrowhead Grove residential project, currently under construction, anchors the Specific Plan, but the Plan covers a much broader area. Specifically, the proposed boundaries are formed by Sierra Way to the west, Tippecanoe Avenue and the flood control channel on the east, 3 rd Street to the south, and Hi ghland Avenue to the north. The Specific Plan area includes portions of the First and Second Wards. National CORE covered the cost of the preparation of the Specific Plan totaling approximately $543,390 and to date has not recouped any of its costs. Nati onal CORE 5 Packet Pg. 46 6971 Page 2 engaged the City to establish a Recovery Fee to offset its cost for the preparation of the Specific Plan. However, the staff report stated that the consideration of this matter was deferred to such time that the City conducts its Fee Study. At the October 2, 2019 Mayor and City Council meeting, the City Manager was authorized to establish a Recovery Fee for the area of the City included in the Waterman + Baseline Neighborhood Specific Plan for inclusion in the City’s User Fees Schedule. Discussion Since the adoption of the Specific Plan, National CORE has completed the first and second phase of the Arrowhead Grove housing development project on the southeast corner of Waterman Avenue and Baseline Street. Crestview Terrace, the third phase, is currently under construction with 184 units including 147 affordable units. A fourth phase is planned for FY 2021/22 including 91 additional units. Since the authorization to establish the Waterman + Baseline Neighborhood Specific Plan Recovery Fee, the C ity’s Fee Study has been completed , and on May 20, 2020 the Mayor and City Council adopted the Fee Study. The Recovery Fee for projects proposed within the Plan area will be calculated in conjunction with all other fees charged by the City, which includes the fully burdened hourly rates for staff to collect and disburse the Recovery Fee. Project applicants will be required to fill out an application specific to the Recovery Fee and will make fees payable to the City. The City would then remit the Recovery Fee to National Core. The Waterman + Baseline Neighborhood Specific Plan introduced the concept of a Recovery Fee in Chapter 8 detailing legal authority, assumptions and methodology for imposing a fee upon applicants seeking the approval of discretionary land use entitlement applications. Appendix D included the following assumptions related to the time frame, fee type, recovery amount, inflation and fee waivers: 1. Time frame - Until 2036 based on current economic conditions and the implementation time frame for the Specific Plan 2. Fee Type - Calculate per square foot of proposed development. This approach in most instances ensures that the fee assessed will be proportional to the size and impact of the development proposed as proposed in the Specific Plan. This ensures that all future projects share a proportional amount in the recover fee. 3. Recovery Amount - Recover Consultant’s cost of approximately $543,390 4. Inflation - Amortize on an annual basis to reflect inflation as reported by the Consumer Price Index (CPI). 5. Fee Waivers - Reduce fee by 20% (twenty percent) if a developer is able to meet one or more of the following requirements: Lot consolidation of two or more parcels to construct larger projects. Projects that include afford able housing household earning lean than 120% of the area median income as established on an annual basis by the Federal Department of Housing and Urban Development and are 5 Packet Pg. 47 6971 Page 3 consistent with the requirements necessary to qualify for a density bonus per the S tate of California. Projects on catalytic sites of the Plan. The methodology includes the following steps to calculate the Recovery Fee per square feet of building area. Step 1 - Determine the net development potential. The residential square footage in each district was estimated as an average unit size of 1,000 square feet resulting in a total specific plan build -out potential of 7,859,871 square feet of development. Step 2 - Determine the total amount of existing development. The total amount of existing development was 4,312,385 square feet, of which 2,366,385 was non- residential and 1,946,000 was residential. Step 3 - Determine the total net development impact. The difference net development potential calculated in Step 1 and total amount of exis ting development calculated in Step 2 resulting in approximately 3,547,486 square feet of new development may occur within the Plan area. Step 4 - Determine the Recovery Fee per square foot. The cost of Specific Plan to be recovered was approximately $54 3,390 divided by the total net development impact calculated in Step 3 yielded a fee of $0.15 per every new square foot of development. The third phase of the Arrowhead Grove Project is underway, in which National CORE will pay substantive fees totaling a pproximately $27,000. National CORE requests that the fees collected be disbursed to them semi -annually based on the City’s fiscal year with the first disbursement on December 30, 2020 and the second on June 30, 2020 . Should the City adopt the Recovery Fe e, the City’s recently approved User Fee Schedule will be updated for inclusion. 2020-2025 Key Strategic Targets and Goals Approving the recommended establishment of a Recovery Fee for the Waterman + Baseline Neighborhood Specific Plan area aligns with K ey Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture of attracting partnerships to the City. Fiscal Impact There is no fiscal impact associated with the recommended action since the Recovery and Administrative fees are designed to cover the cost for services rendered. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020 -275, approving the establishment of a recovery 5 Packet Pg. 48 6971 Page 4 fee for the area of the City included in the Waterman + Baseline Neighborhood Specific Plan for inclusion in the City’s User Fee Schedule. Attachments Attachment 1 Resolution No. 2020-275 Attachment 2 October 2, 2019 MCC Report - Recovery Fee Wards: 1, 2 Synopsis of Previous C ouncil Actions: October 2, 2019 Mayor and City Council directed the City Manager to proceed with the establishment of the Recovery Fee. 5 Packet Pg. 49 RESOLUTION NO. 2020-275 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE WATER MAN + BASELINE NEIGHBORHOOD SPECIFIC PLAN FEE FOR SERVICES AND REGULATORY ACTIVITY FURNISHED BY THE CITY OF SAN BERNARDINO AND TAKIN G TOGETHER ACTIONS RELATED THERETO WHEREAS, on December 19, 2016, the Mayor and City Council adopted the Waterman + Baseline Neighborhood Specific Plan; and WHEREAS, the Waterman + Baseline Neighborhood Specific Plan established a land use and development framework, identified needed transportation and infrastructure improvements, and served as a marketing tool for attracting developers to key sits to boost economic development activities in this area; and WHEREAS, National CORE covered the cost of the preparation of the Specific Plan totaling approximately $543,390 and to date has not recouped any of its costs; and WHEREAS, National CORE engaged the City to establish a Recovery Fee to off-set its costs for the preparation of the Specific Plan. The timeframe would be until 2036 based on current economic conditions and the implementation timeframe for the Specific Plan. The Recovery Fee was calculated per square foot of p roposed development to ensure that the fee assessed will be proportional to the size and impact of the development proposed. The Recovery Fee would be amortized on an annual basis to reflect inflation as reported by the Consumer Price Index; and WHEREAS, on October 2, 2019, the Major and City Council authorized the City Manager to establish a Recovery Fee for the area of the City included in the Waterman + Baseline Neighborhood Specific Plan for inclusion in the City’s Use Fees Schedule. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Council has reviewed the recovery fee of $0.15 per every new square foot of development for projects as identified in Chapter 8 (Implementation and Administration) of the Waterman + Baseline Neighborhood Specific Plan to be calculated in conjunction with all other fees charged by the City, which includes the fully burdened hourly rates for staff to collect and disburse the Recovery Fee . SECTION 2. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report and other materials and evidence submitted or provided to it. The recovery fee established by this Resolution: 5.a Packet Pg. 50 Attachment: Attachment No. 1 - Resolution 2020-275 (6971 : Approval of Waterman + Baseline Neighborhood Specific Plan Recovery Fee Resolution No. 2020-275 1) is imposed for a specific government service provided directly to the payer or for reasonable regulatory costs of the City for issuing licenses and permits of the City’s Municipal Code or other rules or ordinances; 2) is no more than necessary to cover the reasonable costs of the governmental activity for which the recovery fee is imposed; and 3) in the manner in which this costs is allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity for which the recovery fee is imposed. The recovery fee is not a tax within the meaning of California Constitution article XIII C, section 1(e). SECTION 3. This Resolution, together with any other resolutions shall be collectively be known as and hereinafter may be interchangeably re ferred to as the Waterman + Baseline Neighborhood Specific Plan Recovery Fee Resolution. SECTION 4. To the extent any provision of this Resolution or the recovery fee established hereby conflict with any other resolution, ordina nce, regulation, or order of the City, it is the explicit intent of the City Council for this Resolution to supersede such conflicting resolution, ordinance, regulation, or order, and such resolution, ordinance, regulation, or order is hereby related to the extent of such conflict. 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. 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 5.a Packet Pg. 51 Attachment: Attachment No. 1 - Resolution 2020-275 (6971 : Approval of Waterman + Baseline Neighborhood Specific Plan Recovery Fee Resolution No. 2020-275 Approved as to form: Sonia Carvalho, City Attorney 5.a Packet Pg. 52 Attachment: Attachment No. 1 - Resolution 2020-275 (6971 : Approval of Waterman + Baseline Neighborhood Specific Plan Recovery Fee Resolution No. 2020-275 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. 2020-275, 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 5.a Packet Pg. 53 Attachment: Attachment No. 1 - Resolution 2020-275 (6971 : Approval of Waterman + Baseline Neighborhood Specific Plan Recovery Fee 5.b Packet Pg. 54 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 55 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 56 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 57 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 58 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 59 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 60 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 61 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 62 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 63 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 64 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 65 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 66 Attachment: Attachment No. 2 - 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October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 102 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 103 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 104 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 105 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 106 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 107 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 108 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 109 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 110 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific 5.b Packet Pg. 111 Attachment: Attachment No. 2 - October 2 2019 MCC Report - Recovery Fee (6971 : Approval of Waterman + Baseline Neighborhood Specific Page 1 Public Hearing City of San Bernardino Request for Council Action Date: December 2, 2020 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: San Bernardino Travel Center (Ward 6) Recommendation Planning Commission recommends that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2020 -283 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 20-01 changing the General Plan Land Use Designation from Commercial to Industrial of ten (10) parcels c ontaining a total of approximately 8.10 gross acres (APN: 0266-021-17, 18, 27, 32, 33, 34, 38, 39, 40 and 41 ); 2) Introduce, read by title only, and waive further reading of Ordinance No. MC - 1550 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20 -02 changing the Zoning District Classification from Commercial General (CG -1) to Industrial Light (IL) of ten (10) parcels containing a total of approximately 8.10 gross acres (A PN: 0266-021-17, 18, 27, 32, 33, 34, 38, 39, 40 and 41), pursuant to a Mitigated Negative Declaration; 3) Adopt Resolution No. 2020 -284 of the Mayor and City Council of the City of San Bernardino, California, approving Conditional Use Permit 20 -10 and Public Convenience or Necessity Letter 20 -04 allowing the consolidation of ten (10) parcels containing a total of approximately 8.10 gross acres into two (2) parcels containing approximately 6.58 net acres (Parcel 1) and 1.40 net acres (Parcel 2) and the development, establishment and operation of a Travel Center (Parcel 1) comprised of a service station, convenience store with an Alcoholic Beverage Control Type-20 (Off-Sale Beer and Wine) License and restaurant with drive -thru, and truck fueling station and over-night truck parking areas (Parcel 2) located on the southwest corner of N. Palm Avenue and W. Kendall Drive (APN: 0266 -021- 17, 18, 27, 32, 33, 34, 38, 39, 40 and 41), pursuant to a Mitigated Negative Declaration; and 6 Packet Pg. 112 6986 Page 2 4) Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on December 16, 2020. Background On November 10, 2020, the Planning Commission, by a unanimous vote, adopted Resolution No. 2020-053 forwarding a recommendation that the Mayor and City Council: 1) Adopt the Mitigated Negative Declaration; and 2) Approve General Plan Amendment 20 -01, Development Code Amendment (Zoning Map Amendment) 20 -02, Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20 -04 based on the Findings of Fact and subject to the recommended Conditions of Approval. 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 19.36 (Conditional Use Permits), §19.08.020(40) (Truck Stops) and §19.06.030(2)(B) (Alcoholic Beverage Control License) of the City of San Bernardino Development Code, the applicant is requesting the approval of: General Plan Amendment 20-01 and Development Code Amendment (Zoning Map Amendment) 20-02 to change the General Plan Land Use Designation from Commercial to Industrial and the Zoning District Classification from Commercial General (CG-1) to Industrial Light (IL) of ten (10) parcels containing a total of approximately 8.10 gross acres; and The consolidation of ten (10) parcels containing a total of approximately 8.10 gross acres into two (2) parcels containing approximately 6.58 net acres (Parcel 1) and 1.40 net acres (Parcel 2); and Conditional Use Permit Type-P 20-10 allowing the development, establishment and operation of a Travel Center (Parcel 1) comprised of a service station with ten (10) fueling pump islands and twenty (20) fueling pump stations, convenience store with an Alcoholic B everage Control Type-20 (Off-Sale Beer and Wine) License containing approximately 14,000 square feet and restaurant with drive -thru containing approximately 4,485 square feet, and truck fueling station with six (6) diesel lanes and over-night truck parking areas (Parcel 2); and Public Convenience or Necessity Letter 20 -04 allowing an Alcoholic Beverage Control Type-20 (Off-Sale Beer and Wine) License in conjunction with the convenience store . Analysis Table 1 below provides a summary of the surrounding land use characteristics of the subject site and surrounding properties. 6 Packet Pg. 113 6986 Page 3 TABLE 1: SITE AND SURROUNDING LAND USES LOCATION LAND USE ZONE GENERAL PLAN DESIGNATION Site Vacant Commercial General (CG-1) Commercial North 215 Freeway 215 Freeway 215 Freeway South Commercial/Vaca nt Industrial Light (IL) (San Bernardino County) Industrial West Vacant Industrial Light (IL) (San Bernardino County) Industrial East Commercial Commercial General (CG-1) Commercial With the concurrent approval of General Plan Amendment 20-01 and Development Code Amendment (Zoning Map Amendment) 20 -02, the proposed Travel Center Project is consistent with the polices of the City’s General Plan and complies with the City’s Development Code. Land Use Service stations typically provide fueling for passenger vehicles and generally include a convenience store, and require the approval of a Conditional Use Permit within the Commercial zones. A Truck Stop, or Travel Center as proposed under this application, is defined by the City’s Development Code as “a commercial facility that provides fuel, parking and usually food and other services to long -haul trucks. Truck stops are usually located on or near a busy road and consist of a diesel grade fueling station with bays wide and tall enough for modern tractor/trailer rigs and have a large enough parking area to accommodate trucks or other heavy vehicles. Auto -related services, similar to automobile service stations may or may not also be an incidental use within the truck stop.” A Travel Center is permitted within the Industrial Light (IL) and Industrial Heavy (IH) zones subject to the approval of a Conditional Use Permit. The proposed Travel Center project combines the land use characteristics of a service station with a convenience store and drive-thru restaurant, along with the truck fueling station and over-night truck parking areas. The proposed convenience store includes at least two (2) additional indoor quick serve restaurants, restrooms, private/secure showers, laundry facility and a customer lounge. Because of the “truck stop” characteristics, the proposed General Plan Amendment and Development Code Amendment (Zoning Map Amendment) changing the project site from Commercial to Industrial is required to accommodate the development of the proposed Travel Center project. The project site’s proximity to the 215 Freeway/Palm Avenue interchange makes this an ideal and logical location for the proposed Travel Center in that access is convenient for motorists and truck drivers. Architecture The architectural design of the San Bernardino Travel Center project will be a cohesive contemporary form utilizing a combination of curved and angular roof geometries. The 6 Packet Pg. 114 6986 Page 4 curved roof element of the convenience store is prominent and offers clear sense o f direction, and wayfinding and arrival. The fueling canopy is a simplistic and functional form designed to complement the entire center. The drive -thru restaurant incorporates pediments and elements utilizing a variety of complimentary materials and color s. The geometries create a dynamic and vibrant environment appropriate to hospitality and auto-oriented services. This architecture scales well from visibility of automotive travel along the 215 Freeway to the pedestrian level along N. Palm Avenue. Buil ding materials are a blend of wood -like materials with contrasting metal and cement plaster. The mixture of material adds variety, and vitality to the surfaces while defining windows and other architectural elements. Colors are natural hues that complement the contemporary nature of the architecture. Access/Site Design/Traffic: The service station, convenience store and drive -thru restaurant will have direct access from single driveways located along W. Kendall Drive, N. Palm Avenue and W. Industrial Parkway. The truck fueling station and over-night truck parking areas will be accessed by a single driveway located near the western end of the project site along W. Kendall Drive. It should be noted that the vehicular circulation for the service station and truck fueling station are deliberately separated by different driveways. 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 als o been provided to ensure pedestrian safety. Finally, the City’s Traffic Engineering Division has accepted the Traffic Impact Analysis prepared for the proposed development, and adequate traffic improvement measures will be implemented based upon the appro ved Traffic Impact Analysis and the recommendations of the City’s Traffic Engineer. The traffic improvements include the installation of a new traffic signal at the intersection of N. Palm Avenue and W. Industrial Way. Landscaping: The proposed landscaping plan provides for a combined total of approximately 19% coverage of on-site landscaping primarily provided within the project site and along the perimeter of the project site, whereas at least 15% is required. The landscaping for the proposed project has been enhanced to add streetscape friendly features. The proposed landscaping will complement the architecture by creating a contemporary, bold aesthetic. Drought tolerant plants with strong architectural form have been selected and arranged in massing to create a clean, vibrant patchwork across the project’s frontages that are pleasing to vehicular traffic passing by. The plant palette includes large street trees (36” box minimum) along N. Palm Avenue and W. Kendall Drive combined accent trees (24” box minimum) and flowering accent garden trees (24” box minimum) that complement and contrast to create a vivid, yet harmonious design. Screening of drive-thru queuing areas is achieved through the use of hedges rather than walls, softening hard edges, and creati ng a backdrop to showcase the natural structure and form of frontage plants. Alcohol License The subject project site is located within Census Tract 27.06 where ABC license concentration standards allow for a maximum of four (4) off -sale licenses. There are 6 Packet Pg. 115 6986 Page 5 currently eight (8) active off-sale license within this census tract. Of the existing off-sale licenses there is only one (1) off-sale license within a one (1) mile radius of the subject property. The remaining seven (7) off-sale licenses are over 3 miles away located within the Cities of Fontana and Rialto. Staff has also noted that there are two (2) existing off-sale licenses on the north side of the 215 Freeway within a different census tract (45.03) and located within 1,000 feet of the subject project site. Business Name Address ABC Type Distance Shell 5982 N. Palm Avenue 20 300 Feet Rite Aid 2020 N. Riverside Avenue (Rialto) 21 3.7 Miles Ralph’s 2008 N. Riverside Avenue (Rialto) 21 3.8 Miles ARCO 3892 Sierra Avenue (Fontana) 20 4.5 Miles Valero 3740 Sierra Avenue (Fontana) 21 4.5 Miles Shell 3864 Sierra Avenue (Fontana) 20 4.6 Miles Chevron 3870 Sierra Avenue (Fontana) 20 4.7 Miles Chevron Riverside/Highland (Rialto) 20 4.8 Miles Census Tract 45.03 ARCO 3225 W. Little League Drive 20 1,000 Feet 7-Eleven 3211 Kendall Drive 20 1,000 Feet The Police Department has reviewed the application for the proposed ABC Type -20 (Off-Site Beer & Wine) License for the proposed convenience store, and conducted an investigation based on the informa tion provided, and has no objection to the issuance of the requested ABC Type-20 License. Security To address security measures, the proposed project will include the following Conditions of Approval: The convenience store shall maintain a minimum of two (2) employees on-site during any hour in which alcoholic beverages are sold. The convenience store shall install a security system capable of directly contacting the Police Department in the event of an emergency. Security cameras shall be installed so that adequate coverage is provided to monitor activities on the entire project site. All criminal and suspicious activities recorded by or viewed on such surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment owner, manager, and employees are required to provide any footage, tapes, or other recording media from the security cameras to the Police Department. Number of 6 Packet Pg. 116 6986 Page 6 cameras and locations shall be reviewed and approved by the Planning Divisio n and installed prior to the issuance of a Certificated of Occupancy. 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 Go al 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development. Land Use Element Policy 2.2.9: Require Police Department review of uses that may be characteri zed by high levels of noise, nighttime patronage, and/or rates of crime; providing for the conditioning or control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar “sensitive” uses. General Plan Communi ty 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 by capitalizing on the City’s commercial, transportation and locational strengths, which has become a major economic driver within the City. Development of the site will be completed in a manner that will enhance the physical and visual qualities of the subject property thereby enhancing the aesthetics of the surrounding area. California Environmental Quality Act (CEQA) In accordance with §15063 (Initial Study) of the Californi a 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 20-01, Development Code Amendment (Zoning Map Amendment) 20 -02, Conditional Use Permit 20 -10 and Public Convenience or Necessity Letter 20 -04. 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 the proposed project was posted on October 5, 2020 for the CEQA -mandated twenty (20) day public review and comment period. During the twenty (20) day public review and comment period for the Initial Study/ Mitigated Negative Declaration fo r the project, comments were received from the South Coast Air Quality Management District, San Bernardino County - Department of Public Works and Bleau Fox. Responses to the comments were prepared and included in the Final Initial Study/Mitigated Negative Declaration. 6 Packet Pg. 117 6986 Page 7 2020-2025 Key Strategic Targets and Goals General Plan Amendment 20-01, Development Code Amendment (Zoning Map Amendment) 20-02, Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20 -04 aligns with Key Target No. 3: Improve Quality of Life. The proposed development will create an economic benefit to an otherwise vacant and underutilized parcel and has been designed to achieve visual interest and a clean, landscaped site. Fiscal Impact Development impact fees associated with the project will be approximately $760,000. City services will be provided to this project similar to other commercial corridors within the City and surrounding area. Conclusion With the concurrent approval of General Plan Amendment 20 -01 and Development Code Amendment (Zoning Map Amendment) 20 -02, the proposed Travel Center development is consistent with the policies of the City’s General Plan, complies with the standards of the City’s Development Code, and is compatible with the surrounding land uses. The Planning Commission recommends that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2020 -283 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 20-01 changing the General Plan Land Use Designation from Commercial to Industrial of ten (10) parcels containing a total of approximately 8.10 gross acres (APN: 0266-021-17, 18, 27, 32, 33, 34, 38, 39, 40 and 41); 2) Introduce, read by title only, and waive further reading of Ordinance No. MC - 1550 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoni ng Map Amendment) 20-02 changing the Zoning District Classification from Commercial General (CG -1) to Industrial Light (IL) of ten (10) parcels containing a total of approximately 8.10 gross acres (APN: 0266-021-17, 18, 27, 32, 33, 34, 38, 39, 40 and 41), pursuant to a Mitigated Negative Declaration); 3) Adopt Resolution No. 2020 -284 of the Mayor and City Council of the City of San Bernardino, California, approving Conditional Use Permit 20 -10 and Public Convenience or Necessity Letter 20 -04 allowing the consolidation of ten (10) parcels containing a total of approximately 8.10 gross acres into two (2) parcels containing approximately 6.58 net acres (Parcel 1) and 1.40 net acres (Parcel 2) and the development, establishment and operation of a Travel Center (Parcel 1) comprised of a service station, convenience store with an Alcoholic Beverage Control Type-20 (Off-Sale Beer and Wine) License and restaurant with drive -thru, and truck fueling station and over-night truck parking areas (Parcel 2) located on the southwest corner of N. Palm Avenue and W. Kendall Drive (APN: 0266 -021- 6 Packet Pg. 118 6986 Page 8 17, 18, 27, 32, 33, 34, 38, 39, 40 and 41), pursuant to a Mitigated Negative Declaration; and 4) Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on December 16, 2020. Attachments Attachment 1 Resolution No. 2020-283 (GPA 20-01); Exhibit A (GPA 20-01) Attachment 2 Ordinance No. MC -1550 (DCA 20-02); Exhibit A (DCA 20 -02) Attachment 3 Resolution No. 2020-284 (CUP 20-10); Exhibit A (CUP 20-10); Exhibit B (CUP 20-10); Exhibit C (CUP 20 -10) Attachment 4 Planning Commission Resolution No. 2020 -053 Attachment 5 Planning Commission Staff Report, dated November 10, 2020 Attachment 6 Final Initial Study/Mitigated Negative Declaration Attachment 7 Public Hearing Notice Attachment 8 Power Point Presentation Ward: 6 Synopsis of Previous Council Actions: None 6 Packet Pg. 119 RESOLUTION NO. 2020-283 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 APPR OVING GENERAL PLAN AMENDMENT 20-01 CHANGING THE GENERAL PLAN LAND USE DESIGN ATION FROM COMMERCIAL TO INDUSTRIAL OF TEN (10) PARCELS CONTAINING A TOTAL OF APPROXIMATELY 8.10 GROSS ACRES (APN: 0266-021-17, 18, 27, 32, 33, 34, 38, 39, 40 AND 41) WHEREAS, together, General Plan Amendment 20-01, Development Code Amendment (Zoning Map Amendment) 20-02, Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04 constitute the San Bernardino Travel Center Project (“Project”); and WHEREAS, General Plan Amendment 20-01 is a request to allow the change of the General Plan Land Use Designation from Commerc ial to Industrial of ten (10) parcels containing a total of approximately 8.10 gross 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, the 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”) were prepared for the Project; and WHEREAS, on October 1, 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 October 5, 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 November 10, 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. 2020-053 recommending the adoption of the Mitigated Negative 6.a Packet Pg. 120 Attachment: Resolution No. 2020-283 (GPA 20-01) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-283 2 Declaration, and the approval of General Plan Amendment 20-01, Development Code Amendment (Zoning Map Amendment) 20-02, Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04 to the Mayor and City Council; and WHEREAS, notice of the December 2, 2020 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on November 21, 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, 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 the meeting and hearing; 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 Proje ct; 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 20- 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. 6.a Packet Pg. 121 Attachment: Resolution No. 2020-283 (GPA 20-01) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-283 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 accur ate 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 20-01: 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 Commercial to Industrial for approximately 8.10 gross acres. The Industrial Land Use Designation is intended to retain, enhance and intensify existing and provide for the new development of lighter industrial uses along major vehicular routes serving the City. Service stations typically provide fueling for passenger vehicles and generally include a convenience store and are permitted within the Commercial 6.a Packet Pg. 122 Attachment: Resolution No. 2020-283 (GPA 20-01) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-283 4 zones. A Truck Stop, or Travel Center as proposed under this application, is defined by the City’s Development Code as “a commercial facility that provides fuel, parking and usually food and other services to long -haul trucks. Truck stops are usually located on or near a busy road and consist of a diesel grade fueling station with bays wide and tall enough for modern tractor/trailer rigs and have a large enough parking area to accommodate trucks or other heavy vehicles. Auto -related services, similar to automobile service stations may or may not also be an incidental use within the truck stop.” A Travel Center is permitted within the Industrial Light (IL) and Industrial Heavy (IH) zones. The proposed Travel Center project combines the land use characteristics of a service station with a convenience store and drive -thru restaurant, along with the truck fueling station and over-night truck parking areas. The proposed convenience store includes at least two (2) additional indoor quick serve restaurants, restrooms, private/secure showers, laundry facility and a customer lounge. Because of the “truck stop” characteristics, the proposed General Plan Amendment and Development Code Amendment (Zoning Map Amendment) changing the project site from Commercial to Industrial is required to accommodate the development of the proposed Travel Center project. The proposed amendment will allow for the development and establishment of the proposed Travel Center project on a vacant project site adjacent to the 215 Freeway surrounded by compatible land uses. Therefore, the proposed project is consistent with the following General Plan goals and policies: General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element. General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development. Land Use Element Policy 2.2.9: Require Police Department review of uses that may be characterized by high levels of noise, nighttime patronage, and/or rates of crime; providing for the conditioning or control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar “sensitive” uses. 6.a Packet Pg. 123 Attachment: Resolution No. 2020-283 (GPA 20-01) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-283 5 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 tha t the proposed amendment to change the General Plan Land Use Designation of the approximately 8.10 acres of the project site from Commercial to Industrial will facilitate the development of the Travel Center project. The project site is generally flat, with access from N. Palm Avenue and W. Kendall Drive, 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 project site having the Industrial General Plan Land Use Designation, which upon consolidation of the property will allow for the development of the Travel Center project on a project site surrounded by existing commercial land uses, 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. Finding of Fact: The project site is currently comprised of ten (10) parcels proposed to be consolidated into two (2) parcels containing approximately 6.58 net acres (Parcel 1) and 1.40 net acres (Parcel 2). The project site is generally flat, with access from N. Palm Avenue and W. Kendall Drive. Utilities are available directly from the adjacent rights-of-way. The project site is sufficient in size to meet parking, loading, and landscaping requirements 6.a Packet Pg. 124 Attachment: Resolution No. 2020-283 (GPA 20-01) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-283 6 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 20-01 to change the General Plan Land Use District from Commercial to Industrial of ten (10) parcels containing a total of approximately 8.1 gross acres (APN: 0266- 021-17, 18, 27, 32, 33, 34, 38, 39, 40 and 41), attached hereto and incorporated herein by reference as Exhibit A, 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 Ca lifornia 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. 6.a Packet Pg. 125 Attachment: Resolution No. 2020-283 (GPA 20-01) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-283 7 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 6.a Packet Pg. 126 Attachment: Resolution No. 2020-283 (GPA 20-01) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-283 8 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. 2020-283, 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, C MC, City Clerk 6.a Packet Pg. 127 Attachment: Resolution No. 2020-283 (GPA 20-01) (6986 : San Bernardino Travel Center (Ward 6)) EXHIBIT A 6.b Packet Pg. 128 Attachment: Resolution No. 2020-283, Exhibit A (GPA 20-01) (6986 : San Bernardino Travel Center (Ward 6)) ORDINANCE NO. MC-1550 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMEN T CODE AMENDMENT (ZONING MAP AMENDMEN T) 20-02 CHANGING THE ZONING DISTRICT CLASSIFICATION FROM COMMERCIAL GENERAL (CG-1) TO INDUSTRIAL LIGHT (IL) OF TEN (10) PARCELS CON TAINING A TOTAL OF APPROXIMATELY 8.10 GROSS ACRES (APN: 0266-021-17, 18, 27, 32, 33, 34, 38, 39, 40 AND 41 ), PURSUANT TO A MITIGATED NEGATIVE DECLARATION WHEREAS, together, General Plan Amendment 20-01, Development Code Amendment (Zoning Map Amendment) 20-02, Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04 constitute the San Bernardino Travel Center Project (“Project”); and WHEREAS, Development Code Amendment (Zoning Map Amendment) 20-02 is a request to allow the change of the Zoning District Classification from Commercial General (CG- 1) to Industrial Light (IL) of ten (10) parcels containing a total of approximately 8.10 gross 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 November 10, 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. 2020-053 recommending the adoption of the Mitigated Negative Declaration, and the approval of General Plan Amendment 20-01, Development Code Amendment (Zoning Map Amendment) 20-02, Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04 to the Mayor and City Council; and WHEREAS, notice of the December 2, 2020 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on November 21, 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 6.c Packet Pg. 129 Attachment: Ordinance No. MC-1550 (DCA 20-02) (6986 : San Bernardino Travel Center (Ward 6)) Ordinance No. MC-1550 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 Chapter 19.52 (Hearing and Appeals), Chapter 19.42 (Development Code Amendments) 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) 20-02; and WHEREAS, on December 2, 2020, during said public hearing the Mayor and City Council pursuant to the requirements of Chapter 19.52 (Hearing and Appeals), Chapter 19.42 (Development Code Amendments) 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) 20-02. 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) 20-02. Fi nding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: The proposed amendment will result in changing the existing Zoning District Classification of the project site from Commercial General (CG-1) to Industrial Light (IL). The Industrial Light (IL) zone is intended to retain, enhance and intensify existing and provide for the new development of lighter industrial uses along major vehicular routes serving the City. Service stations typically provide fueling for passenger vehicles and generally include a convenience store and are permitted within the Commercial zones. A Truck Stop, or Travel Center as proposed under this application, is defined by the City’s Development Code as “a commercial facility that provides fuel, parking and usually food and other services to long-haul trucks. Truck stops are usually located on or near a busy road and consist of a diesel grade fueling station with bays wide and 6.c Packet Pg. 130 Attachment: Ordinance No. MC-1550 (DCA 20-02) (6986 : San Bernardino Travel Center (Ward 6)) Ordinance No. MC-1550 3 tall enough for modern tractor/trailer rigs and have a large enough parking area to accommodate trucks or other heavy vehicles. Auto -related services, similar to automobile service stations may or may not also be an incidental use within the truck stop.” A Travel Center is permitted within the Industrial Light (IL) and Industria l Heavy (IH) zones. The proposed Travel Center project combines the land use characteristics of a service station with a convenience store and drive -thru restaurant, along with the truck fueling station and over-night truck parking areas. The proposed convenience store includes at least two (2) additional indoor quick serve restaurants, restrooms, private/secure showers, laundry facility and a customer lounge. Because of the “truck stop” characteristics, the proposed General Plan Amendment and Development Code Amendment (Zoning Map Amendment) changing the project site from Commercial to Industrial is required to accommodate the development of the proposed Travel Center project. The project site’s proximity to the 215 Freeway/Palm Avenue interchange makes this an ideal and logical location for the proposed Travel Center in that access is convenient for motorists and truck drivers . The project is also consistent with the following General Plan goal and policies: Goal 4.1 encourages economic activity that ca pitalizes upon the transportation and locational strengths of San Bernardino. The proposed change of the Zoning District Classification from Commercial General (CG-1) to Industrial (IL) will capitalize on the City’s transportation and locational strengths and will encourage economic development 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 architectural design of the San Bernardino Travel Center project will be a cohesive contemporary form utilizing a combination of curved and angular roof geometries. The curved roof element of the convenience store is prominent and offers clear sense of direction, and wayfinding and arrival. The fueling canopy is a simplistic 6.c Packet Pg. 131 Attachment: Ordinance No. MC-1550 (DCA 20-02) (6986 : San Bernardino Travel Center (Ward 6)) Ordinance No. MC-1550 4 and functional form designed to complement the entire center. The drive-thru restaurant incorporates pediments and elements utilizing a variety of complimentary materials and colors. The geometries create a dynamic and vibrant environment appropriate to hospitality and auto -oriented services. This architecture scales well from visibility of automotive travel along the 215 Freeway to the pedestrian level along N. Palm Avenue. Building materials are a blend of wood-like materials with contrasting metal and cement plaster. The mixture of materials add variety, and vitality to the surfaces while defining windows and other architectural elements. Colors are natural hues that complement the contemporary nature of the architecture . The proposed landscaping plan provides for a combined total of approximately 19% coverage of on-site landscaping primarily provided within the project site and along the perimeter of the project site, whereas at least 15% is required. The landscaping for the proposed project has been enhanced to add streetscape friendly features. The proposed landscaping will complement the architecture by creating a contemporary, bold aesthetic. Drought tolerant plants with strong architectural form have been selected and arranged in massing to create a clean, vibrant patchwork across the project’s frontages that are pleasing to vehicular traffic passing by. The plant palette includes large street trees (36” box minimum) along N. Palm Avenue and W. Kendall Drive combined accent trees (24” box minimum) and flowering accent garden trees (24” bo x minimum) that complement and contrast to create a vivid, yet harmonious design. Screening of drive-thru queuing areas is achieved through the use of hedges rather than walls, softening hard edges, and creating a backdrop to showcase the natural structure and form of frontage plants. 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 Commercial General (CG-1) to Industrial Light (IL) will facilitate the development of the proposed Travel Center project, which is consistent with the land uses within the project vicinity. The project site has direct access from N. Palm Avenue and W. Kendall Drive, will be fully served by utility providers, will be constructed in accordance with all ap plicable 6.c Packet Pg. 132 Attachment: Ordinance No. MC-1550 (DCA 20-02) (6986 : San Bernardino Travel Center (Ward 6)) Ordinance No. MC-1550 5 codes and regulations, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Final Initial Study/ Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program. Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact: The proposed amendment changing the Zoning District Classification from Commercial General (CG-1) to Industrial Light (IL) will result in transforming an underutilized site into a Travel Center in order to capitalize on project site’s proximity to the 215 Freeway. 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 a Travel Center development on a project site directly adjacent to the 215 Freeway near other commercial land uses provides for an appropriate balance of land uses within the City limits. Finding No. 4: The subject parcel(s) is 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(s) and the anticipated land use development(s). Finding of Fact: The proposed Travel Center project is permitted within the Industrial Light (IL) Zone, subject to the approval of General Plan Amendment 20- 01, Development Code Amendment (Zoning Map Amendment) 20-02, Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04 with the appropriate Conditions of Approval, and Mayor and City Council adoption of the Mitigated Negative Declaration. The subject site as a Travel Center 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) 20-02 to change the Zoning District Classification from Commercial General (CG-1) to Industrial Light (IL) of ten (10) parcels containing a total of approximately 8.10 gross acres (APN: 0266-021-17, 18, 27, 32, 33, 34, 38, 39, 40 and 41), 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. 6.c Packet Pg. 133 Attachment: Ordinance No. MC-1550 (DCA 20-02) (6986 : San Bernardino Travel Center (Ward 6)) Ordinance No. MC-1550 6 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 adop ted 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) da ys 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. 6.c Packet Pg. 134 Attachment: Ordinance No. MC-1550 (DCA 20-02) (6986 : San Bernardino Travel Center (Ward 6)) Ordinance No. MC-1550 7 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 6.c Packet Pg. 135 Attachment: Ordinance No. MC-1550 (DCA 20-02) (6986 : San Bernardino Travel Center (Ward 6)) Ordinance No. MC-1550 8 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Ge noveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC -1550, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 2nd day of December, 2020. Ordinance No. MC-1550 was approved, passed and adopted at the regular meeting held the 16th day of December, 2020 by the following vote: Council M embers : 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, C MC, City Clerk 6.c Packet Pg. 136 Attachment: Ordinance No. MC-1550 (DCA 20-02) (6986 : San Bernardino Travel Center (Ward 6)) EXHIBIT A 6.d Packet Pg. 137 Attachment: Ordinance No. MC-1550, Exhibit A (DCA 20-02) (6986 : San Bernardino Travel Center (Ward 6)) RESOLUTION NO. 2020-284 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 20-10 AND PUBLIC CONVENIENCE OR NECESSITY LETTER 20-04 ALLOWING THE CONSOLIDATION OF TEN (10) PARCELS CONTAINING A TOTAL OF APPROXIMATELY 8.1 GROSS ACRES INTO TWO (2) PARCELS CONTAINING APPROXIMATELY 6.58 NET ACRES (PARCEL 1) AND 1.40 ACRES (PARCEL 2) AND DEVELOPMENT, ESTABLISHMENT AND OPERATION OF A TRAVEL CENTER (PARCEL 1) COMPRISED OF A SERVICE STATION, CONVENIENCE STORE WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE-20 (OFF- SALE BEER & WINE) LICENSE AND RESTAURANT WITH DRIVE-THRU, AND TRUCK FUELING STATION AND OVER -NIGHT TRUCK PARKING AREAS (PARCEL 2) LOCATED ON THE SOUTHWEST CORNER OF N. PALM AVENUE AND W. KENDALL DRIVE (APN: 0266 - 021-17, 18, 27, 32, 33, 34, 38, 39, 40 AND 41), PURSUANT TO A MITIGATED NEGATIVE DECLARATION WHEREAS, on June 10, 2020, pursuant to the requirements of Chapter 19.50 (Gene ral Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendments), Chapter 19.36 (Conditional Use Permits), Section 19.08.020(40) (Truck Stops) and Section 19.06.030(2)(B) (Alcoholic Beverage Control License) of the C ity of San Bernardino Development Code, an application for General Plan Amendment 20 -01, Development Code Amendment (Zoning Map Amendment) 20 -02, Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04 was duly submitted by: Owner: SB Universal Storage, LLC PO Box 8008 Newport Beach, CA 92658 Applicant: Greens Development, Inc. 9289 Research Drive Irvine, CA 92618 APN: 0266-021-17, 18, 27, 32, 33, 34, 38, 39, 40 and 41 Lot Area: 8.10 acres WHEREAS, together, General Plan Amendment 20-01, Development Code Amendment (Zoning Map Amendment) 20-02, Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04 constitute the San Bernardino Travel Center Project (“Project”); and 6.e Packet Pg. 138 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 2 WHEREAS, C onditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04 is a request to allow the consolidation of ten (10) parcels containing a total of approximately 8.1 0 gross acres into two (2) parcels containing approximately 6.58 net acres (Parc el 1) and 1.40 net acres (Parcel 2) and allow the development, establishment and operation of a Travel Center (Parcel 1) comprised of a service station with ten (10) fueling pump islands and twenty (20) fueling pump stations, convenience store with an Alcoholic Beverage Control Type-20 (Off-Sale Beer and Wine) License containing approximately 14,000 square feet and restaurant with drive -thru containing approximately 4,485 square feet, and truck fueling station with six (6) diesel lanes and over-night truck parking areas (Parcel 2); and WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has reviewed General Plan Amendment 20-01, Development Code Amendment (Zoning Map Amendment) 20-02, Conditional Use Permit 20- 10 and Public Convenience or Necessity Letter 20 -04 for compliance with the California Government Code, consistency with the 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 November 10, 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. 2020-053 recommending the adoption of the Mitigated Negative Declaration, and the approval of General Plan Amendment 20-01, Development Code Amendment (Zoning Map Amendment) 20-02, Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04 to the Mayor and City Council; and WHEREAS, notice of the December 2, 2020 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on November 21, 2020, and was mailed to property owners within a 500 foot radius of the project site in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and 6.e Packet Pg. 139 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 3 WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearing and Appeals) and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20 -04. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that the re 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 – Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04. Finding No. 1: The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject zone and complies with all of the applicable provisions of this Development Code Finding of Fact: With the concurrent approval of General Plan Amendment 20-01 and Development Code Amendment (Zoning Map Amendment) 20 -02, the proposed development of a Travel Center (Parcel 1) comprised of a service station with ten (10) fueling pump islands and twenty (20) fueling pump stations, convenience store with an Alcoholic Beverage Control Type-20 (Off-Sale Beer and Wine) License containing approximately 14,000 square feet and restaurant with drive-thru containing approximately 4,485 square feet, and truck fueling station with six (6) diesel lanes and over-night truck parking areas (Parcel 2) is permitted within the Industrial Light (IL) zone, subject to the approval of a Conditional Use Permit with the appropriate Conditions of Approval and CEQA determination. The proposed project 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: With the concurrent approval of General Plan Amendment 20 -01 and Development Code Amendment (Zoning Map Amendment) 20 -02, Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04 is consistent with the following General Plan goals and policies: 6.e Packet Pg. 140 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 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. Land Use Element Policy 2.2.9: Require Police Department review of uses that may be characterized by high levels of noise, nighttime patronage, and/or rates of crime; providing for the conditioning or control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar “sensitive” uses. General Plan Community 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. With respect to the proposal for Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04, the proposed project implements the above General Plan goals and policies by capitalizing on the City’s commercial, transportation and locational strengths, which has become a major economic driver within the City. Development of the site will be completed in a manner that will enhance the physical and visual qualities of the subject property thereby enhancing the aesthetics of the surrounding neighborhood. Finding No. 3: The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. Finding of Fact: In accordance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was prepared in connection with General Plan Amendment 20-01, Development Code Amendment (Zoning Map Amendment) 20-02, Conditional Use Permit 20-10 and Pubic Convenience or Necessity Letter 20 -04 which analyzed the proposed Travel Center development. With the concurrent approval of General Plan Amendment 20-01 and Development Code Amendment (Zoning Map Amendment) 20-02 the proposed project is consistent with both the City’s General Plan and Development Code. Therefore, no land use conflict is expected to result from construction of the proposed project. 6.e Packet Pg. 141 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 5 Finding No. 4: There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. Finding of Fact: In accordance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was prepared in connection with General Plan Amendment 20-01, Development Code Amendment (Zoning Map Amendment) 20-02, Conditional Use Permit 20-10 and Pubic Convenience or Necessity Letter 20 -04 which analyzed the proposed Travel Center development. With the concurrent approval of General Plan Amendment 20-01 and Development Code Amendment (Zoning Map Amendment) 20-02 the proposed project is consistent with both the City’s General Plan and Development Code. Therefore, no significant negative impacts on the environment and natural resources are anticipated to result from the proposed development. Finding No. 5: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The design of the proposed project is in compliance with the requirements of the City of San Bernardino Development Code that are applicable to location, height and setbacks for proposed development. Therefore, the design of the project will ensure that the project will not create any significant noise, traffic, or other conditions that would be detrimental or objectionable to other uses in the vicinity or adverse to the public health, safety, convenience, or welfare of the City. Additionally, appropriate Conditions of Approval have been imposed to alleviate any potential impacts. Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact: With the concurrent approval of General Plan Amendment 20 -01 and Development Code Amendment (Zoning Map Amendment) 20 -02, the proposed development of a Travel Center (Parcel 1) comprised of a service station with ten (10) fueling pump islands and twenty (20) fueling pump stations, convenience store with an Alcoholic Beverage Control Type-20 (Off-Sale Beer and Wine) License containing approximately 14,000 square feet and restaurant with drive-thru containing approximately 4,485 square feet, and truck fueling station with six (6) diesel lanes and over-night truck parking areas (Parcel 2) is permitted within the Industrial Light (IL) zone, subject to the approval of a 6.e Packet Pg. 142 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 6 Conditional Use Permit with the appropriate Conditions of Approval and CEQA determination. The subject site is sufficient in size to accommodate the proposal under Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04 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 development of a Travel Center (Parcel 1) comprised of a service station with ten (10) fueling pump islands and twenty (20) fueling pump stations, convenience store with an Alcoholic Beverage Control Type-20 (Off-Sale Beer and Wine) License containing approximately 14,000 square feet and restaurant with drive-thru containing approximately 4,485 square feet, and truck fueling station with six (6) diesel lanes and over-night truck parking areas (Parcel 2). The existing site is located on parcels already served by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval, the proposed development under Conditional Use Permit 20- 10 and Public Convenience or Necessity Letter 20-04 will not be detrimental to public services or public health and safety. Finding No. 8: Finding or Public Convenience or Necessity (Business and Professions Code Section 23958.4(b)(2)), if the activity will be located in an area that has been determined by the state of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4(a). Finding of Fact: The subject project site is located within Census Tract 27 .06 where ABC license concentration standards allow for a maximum of four (4) off-sale licenses. There are currently eight (8) active off-sale license within this census tract. Of the existing off-sale licenses there is only one (1) off-sale license within a one (1) mile radius of the subject property. The remaining seven (7) off-sale licenses are over 3 miles away located within the Cities of Fontana and Rialto. The Police Department has reviewed the application for the proposed ABC Type-20 (Off-Site Beer & Wine) License for the proposed convenience store, and has no objection to the issuance of the requested ABC Type-20 (Off-Site Beer & Wine) License subject to the Conditions of Approval and that the applicant obtains an Operators Permit. 6.e Packet Pg. 143 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 7 SECTION 4. – Conditions of Approval. Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04, are hereby approved, subject to the following Conditions of Approval: 1. This approval is to allow the consolidation of ten (10) parcels containing a total of approximately 8.10 gross acres into two (2) parcels containing approximately 6.58 net acres (Parcel 1) and 1.40 net acres (Parcel 2); and allow the development, establishment and operation of a Travel Center (Parcel 1) comprised of a service station with ten (10) fueling pump islands and twenty (20) fueling pump stations, convenience store with an Alcoholic Beverage Control Type -20 (Off-Sale Beer and Wine) License containing approximately 14,000 square feet and restaurant with drive -thru containing approximately 4,485 square feet, and truck fueling station with six (6) diesel lanes and over-night truck parking areas (Parcel 2), along with the construction of the required on-site and off-site improvements. The project site is located on the southwest corner of N. Palm Avenue and W. Kendall Drive (APN: 0266-021-17, 18, 27, 32, 33, 34, 38, 39, 40 and 41). 2. The project site shall be developed and maintained in accordance with: (i) the plans stamped December 2, 2020 (EXHIBIT “A”), approved by the City, which includes a site plan, floor plan(s), exterior elevation plan(s) and conceptual landscape plan on file with the Planning Division; (ii) the Conditions of Approval contained herein; and (iii) the City’s Municipal Code regulations. 3. The project shall be subject to all of the mitigation measures contained within the Mitigation Monitoring and Reporting Program (EXHIBIT “B”), dated December 2, 2020 and incorporated herein by reference, as Conditions of Approval. 4. Within two (2) years of the Conditional Use Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: DECEMBER 2, 2022 5. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items, thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 6. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the 6.e Packet Pg. 144 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 8 City for any costs and attorneys’ fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As p art of the consideration for issuing this Conditional Use Permit, this condition shall remain in effect if the Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. 7. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities shall only occur Monday through Friday. 8. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 9. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code 19.28.120, Water Efficient Landscaping Standards, and to maintain a pedestrian friendly access to the site. 10. Minor modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. 11. 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 Registra tion Division. 12. 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. 13. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours of being reported. 14. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 15. All exterior lighting shall be contained within property lines and energy efficient w ith the option to lower or reduce usage when the facility is closed. 6.e Packet Pg. 145 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 9 16. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets. 17. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. 18. Every six (6) months, over a period of two (2) years from the issuance of the Certificate of Occupancy, the Planning Division shall conduct an inspection of the business operations and property to ensure compliance with the Conditions of Approval to the satisfaction of the Community Development Director. In the event that an unresolved issue continues to exist, the applicant shall submit an application, and appropriate application fee, for reconsideration by the Planning Commission. 19. The project must comply with the requirements of the California Department of Alcoholic Beverage Control. 20. The convenience store shall maintain a minimum of two (2) employees on-site during any hour in which alcoholic beverages are sold. 21. The convenience store shall install a security system capable of directly contacting the Police Department in the event of an emergency. Police Department Conditions 22. Adequate Lighting. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot and exterior of the premises. Additionally, lights shall be installed and shall operate on each side of the exterior of the building. The position of all such lighting shall not disturb the normal privacy and use of any neighboring residences. These lights shall be maintained in good working order and shall remain on during darkness anytime the establishment is open. 23. Capacity. The venue capacity established for the premises by the San Bernardino County Fire Department shall not be exceeded at any time. 24. Complaints. A “complaint response community relations” program will be established and maintained by the owner. This program will include the following: a. Posting a permanent sign at the entry of the establishment listing the telephone number for the San Bernardino Police Department. b. Coordinating efforts with the Police Department to monitor community complaints about the activities of the establishment. c. Having a representative of the establishment reasonably available to meet with neighbors or the applicable neighborhood association on a regular basis or at their request to resolve any neighborhood complaints regarding the establishment. 6.e Packet Pg. 146 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 10 25. Compliance with Law. The owners, managers, renters, and every other person in charge of the premises or any event thereon must comply with all City, County, and State building, fire, zoning, and health regulations; all State and local noise and nuisance laws and ordinances; and all provisions of California law, the San Bernardino Municipal Code, and the San Bernardino City Charter. 26. Drug Paraphernalia: The sale of drug paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5 shall be prohibited. “Drug Paraphernalia” means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code section 1100 0. 27. Exterior Signage. The following signs shall be required to be prominently posted in a readily visible manner on an exterior wall or fixture on each side of the building (not on windows) in English, Spanish and the predominant language of the patrons: “No Loitering,” “No Drinking,” “No panhandling or soliciting,” and “It is illegal to possess an open container of alcohol in the vicinity of this establishment.” 28. Extraordinary Law Enforcement Services. The owner shall be responsible for reimbursement costs to the City of San Bernardino for “Extraordinary” police services on the premises. Extraordinary police services are those defined under San Bernardino Municipal Code Section 8.82.010. 29. Graffiti. Any graffiti painted, drawn, marked, etched, or otherwis e placed upon the premises or on any area under the control of the owner shall be removed or painted over within 48 hours. 30. Information to Police Department. Upon demand, the owner, lessee, manager, and employees must make available to any police official the current names and addresses of persons who are in the management or operation of the establishment. Additionally, the owner shall keep copies of all permits and licenses issued to the establishment readily available for inspection at the premises upon demand by any police official. 31. Interior Signage. The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture (not on windows) in English, Spanish and the predominant language of the patrons: “C alifornia State Law prohibits the sale of alcoholic beverages to persons under 21 years of age.” 32. Litter. The premises, parking lots, any area adjacent to the premises over which the owner of the establishment has control, and any area adjacent to the premises occupied or used by the establishment’s patrons shall be kept free of litter and debris. These areas shall be cleaned of any litter upon the close of business each day. The owner shall be responsible for the posting of signs prohibiting litter around the exterior of the premises and in adjacent parking areas. 6.e Packet Pg. 147 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 11 33. Loitering. The establishment’s owner, manager, employees, and security officers shall be required to discourage loiterers and ask persons loitering longer than fifteen (15) minutes to leave the area and contact the Police Department for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so. 34. Noise. No music or other noise originating from the premises may extend beyond the property boundaries of the establishment. 35. Posting. A copy of these conditions for approval, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment. 36. Prohibited Vegetation. Exterior vegetation shall not be planted, maintained, or allowed to grow on the premises that could be used as a hiding place for persons. Exterior ve getation shall be planted and maintained in a manner that minimizes its use as a hiding place. 37. Public Phones. If public telephones are installed on the premises, they shall be installed in well-lighted locations and programmed for outgoing calls only. 38. Window Obstructions. No more than 25% of windows or clear doors shall bear advertising of any sort, and all advertising signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and obstructed view of the int erior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance. 39. Hours of Operation. Although the convenience store will be open 24 hours per day, seven days per week, the sale of alcohol shall be permitted only between the hours of 6:00 a.m. and 2:00 a.m. daily. 40. Mitigating Alcohol-Related Problems. Whenever alcohol is sold, furnished, or consumed on the premises, the establishment shall be required to mitigate alcohol-related problems that negatively impact those individuals living or working in the neighborhood and surrounding community. To that end, the following conditions relating to alcohol shall be imposed: a. No alcohol sales are permitted inside or outside the premises without a license issued by the California Department of Alcoholic Beverage Control. b. No alcohol will be sold or furnished to minors (anyone under the age of 21). c. No alcohol may be sold at any time to any patron appearing to be intoxicated. d. No wine sales shall be permitted in bottle or containers of less than 750 milliliters, unless sold in their original manufacturer multi-packs. e. No malt beverage products shall be sold with an alcohol content greater than five and one half percent by volume. 6.e Packet Pg. 148 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 12 f. The sale of wine with an alcoholic content greater than 14 percent by volume shall be prohibited unless in corked bottles and aged at least two (2) years. g. Beer or malt liquor sold individually in containers of 40 ounces or less shall be prohibited. h. No containers of beer or malt liquor shall be sold which are not in their original multi-packs. i. No cooler products, either wine or malt beverage based, shall be sold unless in their original manufacturer multi-packs. j. No persons shall be permitted to congregate outside the building or in the parking lots or other areas under the control of the owner and/or lessee. k. No violence, drunkenness, public urination, solicitation, drug dealing, drug use, loud noise or litter shall be allowed on the premises, in the parking lots, on the streets surrounding the premises, in any area controlled by the owner of the premises and/or lessee or in any area occupied or used by patrons of the premises. l. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises or under the control of the licensee with the exception of other establishments licensed by the California Department of Alcoholic Beverage Control. No alcoholic beverages shall be consumed along the exterior of the establishment, in any parking area, or on any adjacent city street or alleyway. m. The owners and all employees of establishments involved in the sale of alcoholic beverages complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training with sixty (60) days of the Conditional Use Permit 18-01 and Public Convenience or Necessity Letter 18-01 approval, or within sixty (60) days of hire for employees hired after that date. To satisfy this requirement, the RBS course must be recognized by the California Department of Alcoholic Beverage Control. The RBS c ourse shall include at a minimum the following: a review of ABC laws and regulations; administrative, criminal and civil liabilities; acceptable forms of identification; and how to identify minors and persons already intoxicated. The establishment may elec t to send only supervisory employees to the RBS training, who would then be responsible for training all employees who are involved in the sale of alcoholic beverages. 41. Security Cameras. Security cameras shall be installed so that adequate coverage is provided to monitor activities on the entire project site. All criminal and suspicious activities recorded by or viewed on such surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment owner, manage r, and employees are required to provide any footage, tapes, or other recording media from the security cameras to the Police Department. Number of cameras and locations shall be reviewed and approved by the Planning Division and installed prior to the issuance of a Certificated of Occupancy. 6.e Packet Pg. 149 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 13 Public Works Department Conditions 42. Drainage and Flood Control a) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right - of-way dedicated as necessary. A drainage study including provisions for the existing drainage ditch running north to south along the westerly side of the prope rty shall provide a conceptual design at the time of the planning submittals. 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 app roaches 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 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 is 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 Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. 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. 43. Grading and Landscaping a) The grading and on-site improvement plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures " and the City's "Standard Drawings", unless otherwise approved by the Building Official. b) If 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. Pe rmit numbers shall be noted if the source or destination is in the City of San Bernardino. 6.e Packet Pg. 150 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 14 c) If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. d) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’. Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted. e) The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with an accessible path of travel. The minimum size of the refuse enclosure shall be 8 feet x 15 feet. Where a refus e enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3’ wide by 6 “ high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the pla nter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. f) 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. g) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design with structural calculations, conduit location, material and size, and Photometric plot shall be provided which show that the proposed on-site lighting design will provide: 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and 0.25 foot-candles security lighting during all other hours. h) The design of on-site improvements shall also comply with all requirements o f The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. i) An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet. feet. All accessible parking spaces shall be a minimum of 18 feet by 9 feet net. j) The Drive-through lane and the parking area adjacent to the building sha ll be constructed of PCC concrete pavement. k) 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. 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. 6.e Packet Pg. 151 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 15 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. 44. On-site Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) The project site shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. c) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) 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, except overhead lines, if required by provisions of the Development Code to be undergrounded. 45. Mapping a) A Final/Parcel Map based upon field survey will be required. b) The applicant‘s surveyor/engineer shall submit a Parcel Map with supporting documents for review and approval to Land Development. The Parcel map shall be recorded prior to building permit issuance. A Tentative Parcel Map is required to be processed prior to any Final Map. 46. 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: 6.e Packet Pg. 152 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 16 Street Name Right of Way(ft.) From Centerline Curb Line(ft) From Centerline Palm Avenue (266-021-17, 266-021-18 266-021-27, 266-021-32 266-021-33, 266-021-34 266-021-38, 26-021-39 266-021-41) 44’ Existing 6’ Dedication Total 50’ “Major Arterial” 32’ Existing 9’ Proposed Total 41’ Per General Plan Kendall Drive (266-021-17, 266-021-18 266-021-27, 266-021-32 266-021-33, 266-021-34 266-021-38, 26-021-39 266-021-41) 40’ Existing (CL) 4’ to 18’ Dedication (CL) for a Full Street r/w total of 80’ to 88’ 80’ from Caltrans r/w 88’ for the first 100’ “Secondary Arterial” 26’ - 30’ Existing (CL) 3’ - 15’ widening (CL) Curb to Curb Full Street total is 66’ Per General Plan New Road (266-021-17, 266-021-18 266-021-27, 266-021-32 266-021-33, 266-021-34 266-021-38, 26-021-39 266-021-41) 30’ Existing Dedication for Cul-Da -Sac “Local – Cul-De-Sac” If Plan Changes, re-evaluation of dedication 10’-20’ Existing edge of pavement 20’ required from centerline Per General Plan If Plan Changes, re- evaluation of widths (3215 W Kendall Drive – Suggested City Address code) The plans attached are suggesting one entrance (right in and right out) passenge r vehicles on Palm Avenue, one entrance passenger vehicles on the continuation of Industrial Parkway, and one entrance truck driveway access on Kendall Drive, alterations to this plan shall result in changes to the conditions. b) Palm 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 standard for new streets (9”AC over 12” Base; However the Soils Report may indicate a thicker or different improvement. ii) All striping shall be Thermoplastic paint per section 84 of the Caltrans specifications. iii) The corner shall be a 60’ Radius including a compliant ADA ramp with By- Pass and Truncated Domes. iv) If a Radius type Driveway Approach is proposed in lieu of the standard drive approach, than a truck turning curb radius shall be 35’. An accessible bypass crossing the approach shall be provided to comply with current ADA standard, or Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach, thickness and reinforcement shall be determined by R value and TI. 6.e Packet Pg. 153 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 17 No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. v) Construct 8" Curb and Gutter per City Standard No. 200, type “B”. vi) Construct 6’ wide Cross Gutter with Apron per City Standard No 201. vii) Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). viii) Construct a median on Palm Avenue roughly 100’ in length 2’ – 4’ in width, Per City Standard 206. ix) Median Landscaping and Irrigation shall be improved to the City Standards. x) Caltrans review and comments shall be implanted in to these conditions, as directed by the City Engineer. xi) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. xii) 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. Connect to Existing Street Light System when available. xiii) Install type II Bike Lane per “Manual Uniform Traffic Control Devices - California”, as directed by the City Traffic Engineer. xiv) Install a city approved trash screen and filtration device in the catch basins. xv) Utility poles shall be relocated to 2’ behind face of curb, if the pole is in a sidewalk area an ADA minimum 4’ by-pass is required. xvi) Install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections. xvii) No Parking will be allowed on Palm Avenue Street, install signs per city standards xviii) 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. xix) No Truck Access. c) Kendall Drive: i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index. The City’s has a minimum standard for new streets (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 for 6.e Packet Pg. 154 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 18 commercial, industrial areas or truck routes. Use Caltrans Design Manual or A Policy on Geometric Design of Highways and Streets for taper requirements. iii) All Striping shall be Thermoplastic paint Section 84 of the Caltrans specifications. iv) Remove existing curb and gutter and driveways. v) The corner shall be a 60’ Radius including a compliant ADA ramp with By- Pass and Truncated Domes. vi) 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. 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 N o. 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 ac cordance 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. Connect to Existing Street Light System when available. xii) Install a city approved trash screen and filtration device in the catch basins. xiii) Underground existing Poles. xiv) Install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections. xv) No Parking will be allowed on Kendall Drive, install signs per city standards xvi) 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. d) Industrial Parkway (Continuation): 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 (9”AC over 12” Base; However the Soils Report may indicate a thicker or different improvement. 6.e Packet Pg. 155 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 19 ii) For transitioning from new curb alignment to existing edge of pavement outside project limits the edge shall be a deepened or thickened for commercial, industrial areas or truck routes. Use Caltrans Design Manual or A Policy on Geometric Design of Highways and Streets for taper requirements. iii) Construct “Cul-De -Sac”-offset Per City Standard No. 101 with locking gate per APWA SPPWC Standard 602-3 for private road driveway, or by the approval of the City Engineer. iv) Remove existing curb and gutter and driveways. v) All Striping shall be Thermoplastic paint Section 84 of the Caltrans specifications. vi) The corner shall be a 60’ Radius including a compliant ADA ramp with By- Pass and Truncated Domes. vii) 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. viii) Construct 8" Curb and Gutter per City Standard No. 200, type “B”. ix) Construct 6’ wide Cross Gutter with Apron per City Standard No 201. x) Construct Sidewalk per C ity Standard No. 202; Case "A" (6’ wide adjacent to curb). xi) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. xii) 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. Connect to Existing Street Light System when available. xiii) Install a city approved trash screen and filtration device in the catch basins. xiv) Underground existing Poles. xv) Install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections. xvi) Install new barricades per City Standard No. 505. xvii) No Parking will be allowed on Industrial Parkway, install signs per city standards xviii) 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 6.e Packet Pg. 156 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 20 Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering. xix) No Truck Access to Parcel * These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed. e) 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. f) 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. g) City approved trash screens and filtration de vices shall be installed in all catch basins or manhole connections. h) 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. i) Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. j) 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. k) The above conditions shall comply with current codes, policies, and standards at time of construction. l) Prior to Certificate of Occupancy or Completion of Project all As -builts shall be submitted to Public Works. m) The Street Improvements and Dedications hereinabove may be amended subject to the approval of the City Engineer. 6.e Packet Pg. 157 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 21 47. Required Engineering Plans a) A complete submittal for plan checking shall consist of: street improvement plans (include engineering conditions , city standards, and cross sections in these plans), if storm drain plans are required then public storm drains must be included on separate sheets with profiles in the street improvement plans, private storm drains shall be shown separate sheets with profiles in the on-site improvement plans, traffic signal plans must be submitted on a sepa rate plan sheets included in the street improvement plans (if required by conditions or traffic reports), signing and striping plan (shall be in sheets included on separate plan sheets included in street improvement plans), lighting for offsite plans (shall be in sheets included on separate plan sheets included in street improvement plans,), 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. lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan), grading (may be incorporated with on-site improvement plan), on-site improvement plans and on-site landscaping and irrigation, water plans (shall be submitted to San Bernardino Municipal Water Department), other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) b) All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. c) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval. d) 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 48. Required Engineering Permits a) Grading permit. b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. 6.e Packet Pg. 158 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 22 c) Off-site improvement construction permits. d) Traffic Control and ROW Permits. 49. Traffic Requirements a) Based on CAMUTCD Peak Hour Signal Warrant #3, the intersection of N. Palm Avenue and W. Industrial Parkway traffic signalization would be warranted under Horizon Year 2040. The developer would be conditioned to design and construct the signal on opening year as approved by the City Engineer. b) Accept a fair share contribution of $132,932.00; and payment of applicable of local and regional development impact fees shall be paid to the City of San Bernardino. c) All roadway design, traffic signing and striping, traffic signal, street lighting, and traffic control improvements relating to the proposed project should be constructed in accordance with applicable engineering standards and to the satisfactio n of the City of San Bernardino Traffic Engineering Division. d) Site‐adjacent roadways should be constructed or repaired at their ultimate half‐section width, including landscaping and parkway improvements in conjunction with development, or as otherwise required by the City of San Bernardino. e) In conjunction with standard City of San Bernardino development review procedures, on‐site traffic signing and striping plans should be prepared in accordance with applicable State and Federal standards. f) Adequate off‐street parking should be provided to the satisfaction of City of San Bernardino based on supporting parking and density analysis prepared for the project. g) The final grading, landscaping, and street improvement plans should demonstrate that sight distance standards are met in accordance with applicable City of San Bernardino /California Department of Transportation sight distance standards. h) Installation of a crosswalk on Westside of the intersection of I‐215 SB Ramps/Kendall Drive at Palm Avenue. The installation will require a Caltrans approval. The installation will be beneficial to the project since it will provide access from the proposed project to the Southside of Palm Ave 50. Integrated Solid Waste Management a. During demolition/construction developer and contractor to use services through the City of San Bernardino’s exclusive franchised hauler Burrtec Waste Industries, Inc. b. Relocate the restaurant’s refuse enclosure away from the drive -thru entrance, as the collection trucks for trash, recyclables, and fo od waste may block the drive-thru entrance during peak periods. Submit a new refuse enclosure location for review and approval. c. The travel center’s refuse enclosure meets Burrtec’s minimum requirements for location and accessibility. d. Construct at a minimum, City Standard Plan 508 Refuse Enclosures with 8’x15’ minimum interior dimensions for bin storage. 6.e Packet Pg. 159 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 23 e. Verify if there are any required ADA modifications to be made to the refuse enclosure with the Building & Safety Division. ADA modifications are in additio n to the 8’x15’ minimum interior dimensions for bin storage. f. PLEASE NOTE: Any changes to the overall project design, enclosure specifications, location, or access may adversely impact the City franchised hauler’s ability to provide service. Any design modifications that could impact service are subject to review and approval. g. If gated provide access by means of a gate key, code, or remote. h. Assembly Bill 341 Mandatory Commercial Recycling may apply. i. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. j. Upon completion service is provided through the City of San Bernardino’s exclusive franchised hauler Burrtec Waste Industries, Inc. 51. 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 Building and Safe ty Division 52. This is a formal submittal to the Building & Safety Division and shall include all required documents, which includes a soils report, when determined to be required. 53. Address the requirements of the California Green Code 2016 for all debris. Check the VOC forms per code. 54. Check Chapter 3 of the California Building Code for the Occupancy Requirements and Chapter 4 for the Special Use Requirements. 55. As a reminder the Building Department submittal is separate from the Fire Department. Please show location of all existing hydrants. 56. Refer to Chapter 11B of the California Building Code 2016 for ADA Requirements. 57. Refer to Section 105 Permits for all required permits of the C alifornia Building Code 2016. San Bernardino County Consolidated Fire District 58. The applicant shall comply with the Conditions of Approval in accordance with the letter dated, March 26, 2020 (EXHIBIT “C”). 6.e Packet Pg. 160 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 24 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 Resolution or any part thereof is for any reason held to be unconstitutio nal, 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 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. 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 6.e Packet Pg. 161 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Resolution No. 2020-284 25 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, C MC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-284, 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, C MC, City Clerk 6.e Packet Pg. 162 Attachment: Resolution No. 2020-284 (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 6.f Packet Pg. 163 Attachment: Resolution No. 2020-284, Exhibit A (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 6.f Packet Pg. 164 Attachment: Resolution No. 2020-284, Exhibit A (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 6.f Packet Pg. 165 Attachment: Resolution No. 2020-284, Exhibit A (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 6.f Packet Pg. 166 Attachment: Resolution No. 2020-284, Exhibit A (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 6.f Packet Pg. 167 Attachment: Resolution No. 2020-284, Exhibit A (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 6.f Packet Pg. 168 Attachment: Resolution No. 2020-284, Exhibit A (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 6.f Packet Pg. 169 Attachment: Resolution No. 2020-284, Exhibit A (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 6.f Packet Pg. 170 Attachment: Resolution No. 2020-284, Exhibit A (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 6.f Packet Pg. 171 Attachment: Resolution No. 2020-284, Exhibit A (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 6.f Packet Pg. 172 Attachment: Resolution No. 2020-284, Exhibit A (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 6.f Packet Pg. 173 Attachment: Resolution No. 2020-284, Exhibit A (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 6.f Packet Pg. 174 Attachment: Resolution No. 2020-284, Exhibit A (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 6.f Packet Pg. 175 Attachment: Resolution No. 2020-284, Exhibit A (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 6.f Packet Pg. 176 Attachment: Resolution No. 2020-284, Exhibit A (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Mitigation Monitoring and Reporting Program Page 1 November 3, 2020 PALM AND KENDALL TRAVEL CENTER PROJECT IS/MND MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials 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 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), and/or other applicable tribal entities 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. During ground- disturbing activities Site monitoring Qualified Archaeologist 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/or other applicable tribal entities shall be contacted, 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 6.g Packet Pg. 177 Attachment: Resolution No. 2020-284, Exhibit B (CUP 20-10) (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Mitigation Monitoring and Reporting Program Page 2 November 3, 2020 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials 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, the City shall be notified, and a qualified paleontologist shall 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, and upon recommendation of the paleontologist and approval by the City, the fossils shall be quickly and professionally 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 continue to be monitored for paleontological resources on an as-needed basis, at the discretion of the qualified paleontologist. 4) Recovered fossils shall be prepared, identified, During construction Site monitoring Site Inspection Site Monitoring Qualified Paleontologist Qualified Paleontologist Qualified Paleontologist Qualified Paleontologist 6.g Packet Pg. 178 Attachment: Resolution No. 2020-284, Exhibit B (CUP 20-10) (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Mitigation Monitoring and Reporting Program Page 3 November 3, 2020 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials 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. 5) A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. This report shall be submitted to City of San Bernardino, and designated repository. Archaeological Monitor, Tribal monitor Qualified Paleontologist Hazards and Hazardous Materials MM HAZ-1: Prior to building permit, the Project will obtain a hazardous material permit and will submit a business plan to the local CUPA which is the SBCFD. Prior to the issuance of a building permit Attain a hazardous materials permit Submit a business plan SBCFD Tribal Cultural Resources MM TCR-1: The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI), the Gabrieleno Band of Mission Indians – Kizh Nation (GBMI), collectively referred to here as the “Tribes” or the “Consulting Tribes,” and the City shall be informed notified, 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. regarding any cultural resources discovered during project construction and shall be provided information regarding the nature of the find, 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 Development Department 6.g Packet Pg. 179 Attachment: Resolution No. 2020-284, Exhibit B (CUP 20-10) (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Mitigation Monitoring and Reporting Program Page 4 November 3, 2020 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials so as to provide appropriate 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 “Plan” shall be created by the archaeologist, in coordination with the Consulting Tribes 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 the Consulting Tribes applicable tribal entities for the remainder of the Project, construction (until site grading and excavations are completed), should either of the Consulting Tribes applicable tribal entity(ies) elect to place a monitor on-site. MM TCR-2: Any and Aall 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 the Consulting Tribes. SMBMI and the Gabrieleno Band of Mission Indians. The City and/or applicant shall, in good faith, consult with the Consulting Tribes SMBMI and the Gabrieleno Band of Mission Indians throughout the construction 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 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 Consulting Tribes. 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 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 6.g Packet Pg. 180 Attachment: Resolution No. 2020-284, Exhibit B (CUP 20-10) (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Mitigation Monitoring and Reporting Program Page 5 November 3, 2020 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials defined by the Consulting Tribes 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 Resou rces, 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 Tribes and a qualified archaeologist (that meets the Secretary of Interior Professional Qualification Standards for Archaeology, if one is present. If the resources are Native American in origin, the Consulting Tribes will retain it/them in the form and/or manner the Tribes 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 6.g Packet Pg. 181 Attachment: Resolution No. 2020-284, Exhibit B (CUP 20-10) (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Mitigation Monitoring and Reporting Program Page 6 November 3, 2020 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials 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 Development Department 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 Consulting Tribes, the qualified lead archaeologist, and the construction manager During ground disturbance Divert work at minimum of 100 feet and place an exclusion zone around the discovery location. Community Development Department 6.g Packet Pg. 182 Attachment: Resolution No. 2020-284, Exhibit B (CUP 20-10) (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Mitigation Monitoring and Reporting Program Page 7 November 3, 2020 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials 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. Treatment of human remains should occur as indicated by the MLD, in consultation with the property owner and the Lead Agency. During ground disturbance- Develop Tribal Monitoring Plan; Site monitoring Community Development Department MM GAB-5 Treatment Measures: (In the event of discovering human remains where the Kizh-Gabrieleno Tribe is designated as MLD): 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 ceremonia l objects. In Prior to continuation of ground disturbance- related activities. Develop Tribal Monitoring Plan; Site monitoring Community Development Department 6.g Packet Pg. 183 Attachment: Resolution No. 2020-284, Exhibit B (CUP 20-10) (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Mitigation Monitoring and Reporting Program Page 8 November 3, 2020 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials 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 Consulting Tribes 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 Consulting Tribes 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 Consulting Tribes, documentation shall be taken which includes at a minimum detailed descriptive notes and sketches. Additional types of documentation shall be approved by the Consulting Tribes 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 Consulting Tribes and the NAHC. The Consulting Tribes do 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 6.g Packet Pg. 184 Attachment: Resolution No. 2020-284, Exhibit B (CUP 20-10) (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Mitigation Monitoring and Reporting Program Page 9 November 3, 2020 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials Consulting Tribes and the landowner at a site to be protected in perpetuity. There shall be no public ity 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 Na tive American monitor must be approved by the Consulting Tribes. 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 continuation of ground disturbance- related activities. Develop Tribal Monitoring Plan; Site monitoring Community Development Department Wildfire MM WF-1: Prior to the issuance of building permits, the Project applicant shall demonstrate, to the satisfaction of the City Building Official and the San Bernardino County Fire Chief, compliance with the latest CBC (Part 2 of Title 24 of the California Code of Regulations) and the latest California Fire Code (Part 9 of Title 24 of the California Code of Regulations), including those regulations pertaining to materials and construction methods intended to mitigate wildfire exposure as described in the CBC and California Residential Code; specifically California Building Code Chapter 7A; California Residential Code Section R327; California Residential Code Section R337; California Referenced Standards Code Chapter 12-7A; and California Fire Code Chapter 49. Prior to issuance of building permits Compliance with the latest CBC City Building Official MM WF-2: Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate, to the satisfaction of the City Building Official and the County Fire Chief, Prior to issuance of Compliance with vegetation City Building Official and 6.g Packet Pg. 185 Attachment: Resolution No. 2020-284, Exhibit B (CUP 20-10) (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Mitigation Monitoring and Reporting Program Page 10 November 3, 2020 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials compliance with the vegetation management requirements prescribed in California Fire Code Section 4906, including California Government Code Section 51182. certificate of occupancy management requirements County Fire Chief 6.g Packet Pg. 186 Attachment: Resolution No. 2020-284, Exhibit B (CUP 20-10) (6986 : San Bernardino Travel Center (Ward San Bernardino County Fire Department San Bernardino Office² SBGC North Desert Office² HDGC East Valley Office² San Bernardino City South Desert Office (909) 387-4140 (760) 995-8201 (909) 918-2201 (760) 995-8201 Date: Project Name:Pilot San Bernardino Project Description:Construction of a new travel center, including convenience store, restaurant with drive-thru, fueling for passenger and commercial vehicles and associated parking. Permit Number:FPLN-2020-00026 Location:20301 KENDALL DR, SAN BERNARDINO, CA 92407 APN:0266-021-38-0000 Project Type:Conditional Use Permit (CUP) City Project Proposal:General Plan Amendment 20-01, Development Code Amendment (Zoning Map Amendment) 20-02, Subdivision 20-01 (Tentative Parcel Map), & Conditional Use Permit 20-10 Sincerely, The Office of the Fire Marshal Community Safety Division San Bernardino County Fire Department Dear Applicant, With respect to the conditions of approval regarding the above referenced project, the San Bernardino County Fire Department requires the following fire protection measures to be provided in accordance with applicable local ordinances, codes, and/or recognized fire protection standards. The Fire Conditions Attachment of this document sets forth the FIRE CONDITIONS and STANDARDS which are applied to this project. 03/26/2020 Page 1 of 7v.18.01.02 6.h Packet Pg. 187 Attachment: Resolution No. 2020-284, Exhibit C (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Page 2 of 7v.18.01.02 6.h Packet Pg. 188 Attachment: Resolution No. 2020-284, Exhibit C (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) FIRE CONDITIONS ATTACHMENT Date:03/26/2020 Permit Number:FPLN-2020-00026 Location:20301 KENDALL DR, SAN BERNARDINO, CA 92407 APN:0266021380000 FIRE CONDITIONS AND STANDARDS Above Ground Storage Tank The applicant shall submit an Application for an Above Ground Storage Tank detailed plans to the San Bernardino County Fire Department for review and approval prior to any installation on-site. The required Fees shall be paid at time of plan submittal. Access The development shall have a minimum of ___2_____ 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 twenty-six (26) foot 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. One way access with median shall be twenty (20) feet unobstructed with and vertical clearance of fourteen (14) feet six (6) inches in height. Additional Requirements 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. Building Plans Building plans shall be submitted to the Fire Department for review and approval. Combustible Protection 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. Commercial Addressing Page 3 of 7v.18.01.02 6.h Packet Pg. 189 Attachment: Resolution No. 2020-284, Exhibit C (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 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. Fire Alarm - Automatic An automatic fire sprinkler monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required. The applicant shall hire a Fire Department approved fire alarm contractor. The fire alarm contractor shall submit detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. Fire Extinguishers Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department. Fire Lanes 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. Fire Safety Overlay The County General Plan designates this property as being within the Fire Safety Review Area and all future construction shall adhere to all applicable standards and requirements of the overlay district. Fire Sprinkler-NFPA #13 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. Haz-Mat Approval The applicant shall contact the San Bernardino County Fire Department/Hazardous Materials Division (909) 386- 8401 for review and approval of building plans, where the planned use of such buildings will or may use hazardous materials or generate hazardous waste materials. Hood and Duct Suppression An automatic hood and duct fire extinguishing system is required. A Fire Department approved designer/installer shall submit detailed plans with manufactures·specification sheets to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. Hydrant Marking Page 4 of 7v.18.01.02 6.h Packet Pg. 190 Attachment: Resolution No. 2020-284, Exhibit C (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 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. Inspection by the Fire Department 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 finalµ Jurisdiction The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein ´Fire DepartmentµPrior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable status, codes, ordinances and standards of the Fire Department. Material Identification Placards 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. Permit Expiration 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. Primary Access Paved 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. Secondary Access Paved 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. Solar Page 5 of 7v.18.01.02 6.h Packet Pg. 191 Attachment: Resolution No. 2020-284, Exhibit C (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) 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. Standard A-1 FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE This standard shall apply to the design, construction and maintenance of all new fire apparatus access roads within the jurisdiction, as well as fire apparatus access roads at existing facilities when applied at the discretion of the fire code official. Standard A-2 FIRE APPARATUS ACCESS ROAD DESIGNATION AND MARKING This standard applies to the marking of all Fire Department access roadways for new construction and development. Existing roadways identified as fire access roadways or otherwise required for emergency access shall also be marked per this standard. Standard A-3 GATES AND OTHER OBSTRUCTIONS TO FIRE DEPARTMENT ACCESS This standard shall apply to all obstructions, access control devices, traffic calming devices, or other similar systems within any roadways that serve as fire access in all new or existing residential, commercial, and industrial development. This standard does not apply to obstructions within parking aisles that do not serve as fire apparatus access roads. Standard B-1 PREMISE AND BUILDING IDENTIFICATION AND ADDRESSING This standard applies to the marking of all buildings with address numbers for identification. Standard B-2 CONSTRUCTION SITE FIRE SAFETY This standard establishes minimum requirements for fire safety during construction and demolition. This document shall not be construed to be in lieu of any other applicable State or Federal law or regulation related to construction site safety. The general contractor or other designee of the building owner shall be responsible for compliance with these standards. Standard F-1 FIRE SPRINKLER SYSTEMS IN COMMERCIAL AND INDUSTRIAL BUILDINGS This standard, in conjunction with the latest edition of NFPA 13, shall apply to the design and installation of, and the modification to, all fire sprinkler systems in commercial and industrial occupancies. This standard and its interpretation is not intended to be applied or enforced where there is any conflict with NFPA 13 or the California Fire Code. Page 6 of 7v.18.01.02 6.h Packet Pg. 192 Attachment: Resolution No. 2020-284, Exhibit C (CUP 20-10) (6986 : San Bernardino Travel Center (Ward 6)) Standard F-4 POST INDICATOR VALVES AND FIRE DEPARTMENT CONNECTIONS This standard, in conjunction with the latest edition of NFPA 13, NFPA 13R and NFPA 24, shall apply to the design and installation of, and the modification to, all new and existing fire sprinkler systems in commercial and industrial buildings and multi-family dwellings. This standard and its interpretation shall take NOT precedent where there is any conflict with NFPA standards. Standard W-2 ONSITE FIRE PROTECTION WATER SYSTEMS This standard establishes minimum requirements for installation and maintenance of all private fire hydrants and appliances related to an onsite fire protection system. Surface 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. Water System 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. Water System Commercial A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. Fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured along vehicular travel-ways) and no more than three hundred (300) feet from any portion of a structure. 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Commission Resolution No. 2020-053 (6986 : San Bernardino Travel Center (Ward 6)) 6.i Packet Pg. 259 Attachment: Planning Commission Resolution No. 2020-053 (6986 : San Bernardino Travel Center (Ward 6)) 6.i Packet Pg. 260 Attachment: Planning Commission Resolution No. 2020-053 (6986 : San Bernardino Travel Center (Ward 6)) 6.j Packet Pg. 261 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center (Ward 6)) 6.j Packet Pg. 262 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center (Ward 6)) 6.j Packet Pg. 263 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center (Ward 6)) 6.j Packet Pg. 264 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center (Ward 6)) 6.j Packet Pg. 265 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center 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(Ward 6)) 6.j Packet Pg. 288 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center (Ward 6)) 6.j Packet Pg. 289 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center (Ward 6)) 6.j Packet Pg. 290 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center (Ward 6)) 6.j Packet Pg. 291 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center (Ward 6)) 6.j Packet Pg. 292 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center (Ward 6)) 6.j Packet Pg. 293 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center (Ward 6)) 6.j Packet Pg. 294 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center (Ward 6)) 6.j Packet Pg. 295 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center (Ward 6)) 6.j Packet Pg. 296 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center (Ward 6)) 6.j Packet Pg. 297 Attachment: Planning Commission Staff Report, dated November 10, 2020 (6986 : San Bernardino Travel Center (Ward 6)) FINAL Palm and Kendall Travel Center Project INITIAL STUDY/MITIGATED NEGATIVE DECLARATION General Plan Amendment 20-01 Development Code Amendment (Zoning Map Amendment) 20-02 Conditional Use Permit 20-10 Subdivision 20-01 (Tentative Parcel Map) November 3, 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 6.k Packet Pg. 298 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Table of Contents Section 1.0 Introduction .................................................................................................................... 1 Section 2.0 Affidavit of Distribution................................................................................................... 2 Section 3.0 Comment Letters and Responses to Comments .............................................................. 3 South Coast Air Quality Management District (SCAQMD) Comment Letter ................. 4 Response to SCAQMD ................................................................................................ 7 Bleau Fox (BF) Comment Letter ................................................................................ 10 Response to BF ......................................................................................................... 12 San Bernardino County Department of Public Works (SBCPW) Comment Letter ........ 15 Response to SBCPW Comment Letter ....................................................................... 17 Section 4.0 Errata to the Palm and Kendall Travel Center Project IS/MND ...................................... 18 Section 5.0 Public Draft IS/MND ...................................................................................................... 23 List of Tables Table 1: Comment Letters Received......................................................................................................... 3 List of Appendices Appendix A Affidavit of Distribution Appendix B Public Draft IS/MND 6.k Packet Pg. 299 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 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 Pub lic 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 October 2, 2020 to October 22, 2020 (Section 6.0), comprises the “Final” IS/MND for the development of the Palm and Kendall Travel Center 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 Errata to the Palm and Kendall Travel Center Project IS/MND • Section 5.0 Public Draft IS/MND 6.k Packet Pg. 300 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 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. 6.k Packet Pg. 301 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 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 October 16, 2020 (BF) Bleau Fox October 18, 2020 (SBCPW) San Bernardino County – Department of Public Works October 21, 2020 6.k Packet Pg. 302 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 4 South Coast Air Quality Management District (SCAQMD) Comment Letter 6.k Packet Pg. 303 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 5 6.k Packet Pg. 304 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 6 6.k Packet Pg. 305 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 7 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, including its location, number of proposed fueling pumps, anticipated Project opening year, and the approximately location of the nearest sensitive receptor. No Project or environmentally related concern was noted. No response is required. Response to Comment SCAQMD-3 This comment summarizes the findings of the air quality analysis. AQMD staff notes that the Lead Agency quantified the Project’s construction and operational air quality emissions and compared those emissions to SCAQMD’s recommended regional and localized air quality CEQA significance thresholds. SCAQMD also correctly summarized that the Lead Agency performed two separate health risk assessments from trucks visiting the proposed Project and from operation of gasoline dispensing activities, where the Lead Agency found that the proposed Project would not exceed SCAQMD’s CEQA threshold of 10 in one million for cancer risk. The comment summarizes correctly the Lead Agency’s findings. No further response is required. Response to Comment SCAQMD-4 This comment notes that the Lead Agency did not quantify VOCs emissions from gasoline transfer and dispensing operations. SCAQMD staff recommends that the Lead Agency quantify and disclose VOCs emissions from the gasoline fueling process in the Final MND. As discussed under Regulatory Setting of the HRA, Rule 461, Gasoline Transfer and Dispensing requires annual throughput reporting requirements. It is designed to regulate gasoline vapor emissions from gasoline transfer and dispensing processes. The rule was initially adopted in 1976 and has been amended several times. The EPA has published a calculator to determine uncontrolled VOC emissions for Gasoline Dispensing Facilities1. Based on the Project having 10 multi-product dispensers and 6 diesel fuel pumps the emissions potential is 3.2 tons per year (17.5 pound per day) for VOC assuming opening year is 2022. As shown in Table 5 of the IS/MND, Project operational emissions would be 10.40 pounds per day. Therefore, when conservatively accounting for the uncontrolled VOC from gasoline dispensing, total emissions would be 27.90 pounds per day, which is below the SCAQMD’s 55 pounds per day threshold. 1 https://www.epa.gov/sites/production/files/2016-06/gasoline_dispensing_facilities_pte_calculator_111213.xlsx 6.k Packet Pg. 306 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 8 The Project would minimize the release of gasoline vapors via compliance with SCAQMD Rule 461, Gasoline Transfer and Dispensing, by installing a Phase II vapor recovery system for gasoline pumps and a Phase I vapor recovery system for the gasoline storage tanks. Vapor recovery systems are required at gas stations to collect gasoline vapors that would otherwise escape into the atmosphere All retail service stations under the SCAQMD jurisdiction have Phase I and II vapor recovery systems to control gasoline emissions. Phase I vapor recovery refers to the collection of gasoline vapors displaced from storage tanks when cargo tank trucks make gasoline deliveries. Phase II vapor recovery systems control the vapor s displaced from the vehicle fuel tanks during refueling. Although South Coast AQMD Rule 461 will reduce ROG emissions they are not eliminated from the fueling process. As noted above, even after including the EPA full uncontrolled VOC emissions estimates , without reductions for compliance with SCAQMD Rule 461, daily operational VOC emissions would remain less than significant. Response to Comment SCAQMD-5 The comment notes that due to the amount of proposed gasoline fueling stations, the Project requires permits from SCQAMD. The comment summarizes that gasoline emission factors for retail service stations from five processes (loading, breathing, refueling, hose permeation, and spillage) in the SCAQMD Risk Assessment Procedures for Rules 1401, 1401.1 and 202 are being used for determining VOCs emission factors for permit applications. Lastly, the comment suggests that SCAQMD be identified as a Responsible Agency for the Project in the Final MND. The Lead Agency makes appreciates the comments provide. SCQAMD will be included as a Responsible Agency in the Final MND. Additionally, the Project will comply with all SCQAMD required permits. No further response is required. Response to Comment SCAQMD-6 Similar to Response to Comment SCAQMD-5 above, this comment notes that the Project requires permits from SCQAMD. The comment also notes that as of the public review period of the MND, SCAQMD has not received any Project permit applications. Furthermore, the comment goes on to note that the assumptions used in the air quality analysis and health risk assessment in the Final MND will be used as the basis for evaluating the permits under CEQA and imposing permit conditions and limits. The 2015 revised Office of Environmental Health Hazard Assessment (OEHHA) methodology is being used by SCAQMD for determining operational health impacts for permitting applications and also for all CEQA projects where SCAQMD is the Lead Agency. For any permit questions, SCAQMD provides the following Engineering and Permitting staff’s phone number (909) 396-3385. As noted in Response to Comment SCAQMD-5, the Project will apply and comply with the permits required by the Responsible Agency. No further response is required. Response to Comment SCAQMD-7 The comment requests that the Project includes discussions of SCAQMD Rule 461 – Gasoline Transfer and Dispensing10 and Rule 1401 – New Source Review of Toxic Air Contaminants for the gasoline fueling operation of the proposed Project. It is requested that the Final MND includes discussions to demonstrate how the gasoline fueling operation will comply with other applicable SCAQMD Rules, including, but not 6.k Packet Pg. 307 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 9 limited to, Rule 201 – Permit to Construct12, Rule 203 – Permit to Operate13, and Rule 431.2 – Sulfur Content of Liquid Fuels14. As discussed under Regulatory Setting, the Project must comply with all SCAQMD rules and regulations, including: • Rule 201 (Permit to Construct) – This rule requires a permit for installation of any equipment which releases air pollutants. • Rule 203 (Permit to Operate) – This rule requires a permit to operate stationary sources of emissions. • Rule 431.2 (Sulfur Content of Liquid Fuels) – This rule limits the sulfur content in diesel and other liquid fuels for the purpose of both reducing the formation of sulfur oxides and particulates during combustion and to enable the use of add-on control devices for diesel fueled internal combustion engines. The Project would be required to comply with all applicable SCAQMD rules and regulations, including the rules identified above. The Project must coordinate with the SCAQMD to obtain regulatory permits. Response to Comment SCAQMD-8 This comment notes that prior to Project approval and adoption of the MND, the Lead Agency shall consider that the MND together with comments provided during the review process. Additionally, the comment notes that SCAQMD anticipates good faith responses. The Lead Agency is happy to provide meaningful, informative, and supported responses to all questions raised as part of this public review process. Please refer to Response SCAQMD-1 through 9 for all responses to questions raised. The City of San Bernardino intends to fully comply with the requirements of CEQA Guidelines Section 15074 as requested in the comment. No further response is required. Response to Comment SCAQMD-9 This comment notes that SCQAMD’s staff is available to work the Lead Agency to address any air quality questions that may arise from the comment letter submitted. The Lead Agency appreciates SCAQMD’s availability and willingness to provide support. No further response is required. 6.k Packet Pg. 308 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 10 Bleau Fox (BF) Comment Letter 6.k Packet Pg. 309 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 11 6.k Packet Pg. 310 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 12 Response to Bleau Fox (BF) Response to Comment BF-1 This comment is an introductory statement which notes that BF has been retained by local residents to review the Public Draft MND. No additional comments are made. No further response is required. Response to Comment BF-2 This comment notes that the MND does not offer mitigation efforts in regard to “well -known” effects larger truck stops can have on the surrounding community. Additionally, the commenter makes the following unfounded statement: “It cannot be disputed that truck stops are an instant mecca for (and are plagued with) crime including but not limited to, human trafficking, prostitution, drug use, drug sale and distribution, theft, burglary and robbery.” Although it is unfortunate that some or all of those practices may take place in other truck stops, the commenter provides personal opinion and no evidence that the proposed Project would be a source to the negative practices previously noted. The proposed Project would be operated by a competent travel center operator that provide family friendly truck and vehicle rest areas/stops with appropriate amenities, including appropriate signage, lighting and security. Additionally, as noted on page 10 of the MND, per Section G 19.080.050 of the Industrial Development Design Guidelines of the Municipal Code, the Project site would be operated 24/7 with adequate nighttime security lighting. Furthermore, as noted on page 115 of the MND, the Project will pay the required development fees, which include police fees for any police service impacts to offset potential demand associated with the development of the proposed Project. Finally, the comment does not provide any concrete evidence that that proposed Project will directly increase crime. No further response is required. Response to Comments BF-3 and BF-4 This comment notes that the MND fails to discuss police protection and its associated costs. The comments also notes that the study does not adequately address the increase in crime from Project implementation. Responses to these topics are provided above in Response to Comment BF-2. Additionally, the comment also notes the distance to various residential and school areas, while also noting that implementation of the proposed Project will decrease surrounding property values. The MND evaluates all CEQA threshold topics including any potentially negative impacts and mitigation measures or conditions of approval have been implemented where appropriate to offset negative impacts. With compliance to mitigation measures and conditions of approval, the Project is determined to have a less than significant impact. As discussed in the MND, the Project site is in a prime freeway commercial location where similar uses as the Project are permitted. The comment provides no evidence that property values will be adversely affected, particularly given the distance of the Project to residential uses and intervening commercial zoned property. The Project is not only 1,000 feet or more from residential areas, but the residential areas to the north of the site are separated by the 215 Freeway, a freeway 6.k Packet Pg. 311 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 13 commercial center, and a major flood control channel. The Project’s traffic study shows that a very small fraction of Project-related traffic will occur north of the flood control channel, as most Project traffic will be coming to/from the 215 Freeway (per Figure 11 of MND Appendix G, no Project trucks will head north on Palm Avenue toward the residential areas, and only 10% of Project passenger traffic is anticipated on Palm Avenue north of the 215 Freeway). In addition, property values are not an environmental consideration under CEQA, and as such, this is not analyzed in the MND. No further response is required. Response to Comment BF-5 This comment erroneously notes that the MND does not include any additional traffic controls/measures to assure the safety of residents, students, and patrons of the parks from truck traffic activity. However, the traffic study analysis concluded that the Project would not create significant impacts on City facilities or Caltrans facilities. Additionally, as noted on page 145 of the MND in the Traffic Section, the Applicant has agreed to the implementation of the following Conditions of Approval (COA) TRF-1 and TRF-2 which would offset any impacts on Caltrans facilities: COA TRF-1: The applicant shall pay a fair share toward installation of a traffic signal at the intersection of Hallmark Pkwy/Industrial Pkwy & Palm Ave. COA TRF-2 Although the Caltrans facility LOS impacts are not required to be mitigated per CEQA and SB743, the applicant is willing to provide fair share funding of these improv ements to Caltrans, provided that the funding is restricted to the specific operational enhancements noted below. The ultimate decision, design and timing of any improvements on Caltrans facilities are outside the control of the City of San Bernardino. As these physical improvements are not required to mitigate a CEQA significant impact, this is not a CEQA issue, but rather a good - faith measure by the applicant and City to enhance the existing operational safety conditions at the identified Caltrans ramps. The following conditions of approval are recommended, as set forth below: • Installation of signage and markings to enhance the visibility of the sharp curve at the southbound off-ramp; • Installation of a barrier separating the southbound off-ramp and the southbound on-ramp traffic; • Optimization of the traffic signal timing for both ramps, including the installation of new controllers with Adaptive Traffic Control capabilities and upgrades to the all yellow and red phasing; • Installation of an Eastbound Left-Turn pocket at the I-215 NB ramps; • Evaluate and upgrade if needed the existing traffic signal heads at ramp intersections, including a visibility evaluation of existing traffic signal heads; • Refresh all existing striping within the interchange to meet latest CA-MUTCD standards; • Evaluate and upgrade if needed all existing regulatory and warning signs within the I -215 interchange; • Evaluate the installation of a pedestrian crosswalk at west leg of the I -215 Southbound off-ramp; and 6.k Packet Pg. 312 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 14 • Evaluate and upgrade existing pavement along Palm Avenue between the I-215 ramps and the Project entrances. No further response is required. Response to Comment BF-6 The comment again makes unsubstantiated claims that the Project would exacerbate crime rates in the City of San Bernardino and provides crime rates within the community. This topic has been previously addressed in Response to Comment BF-2. No further response is required. Response to Comment BF-7 The comment concludes by noting that the previous concerns are an overview of the “client’s” concerns regarding the proposed Project. This project does not provide any specific environmental related concerns. As such, no further response is required. 6.k Packet Pg. 313 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 15 San Bernardino County Department of Public Works (SBCPW) Comment Letter 6.k Packet Pg. 314 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 16 6.k Packet Pg. 315 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 17 Response to SBCPW Comment Letter Response to Comment SBCPW-1 This comment is an introductory statement which thanks the Lead Agency for the opportunity provided to comment on the proposed Project. No response is required. Response to Comment SBCPW-2 This comment notes that based on the FEMA Flood Insurance Rate Map (FIRM) 06071C7930J, the Project lies within FEMA Zone X - Shaded (500-year floodplain, 0.2% chance of flooding), an area protected by a levee. The MND will be updated to correct the FEMA map reference, which has no effect on the MND analysis or conclusions (refer to the errata in Section 5 of this Final MND). With respect to analysis and mitigation of flood hazards, the MND is based on a preliminary hydrology report (Appendix D), which documents that the Project site will be adequately protected from the 100-year flood, as required by City design standards. Flooding impacts, Project Design Features and required design measures are discussed in detail on page 95 of the MND, pursuant to City Municipal Code requirements. Project grading and stormwater design will be reviewed by the City as part of the Project’s final design and construction plan approval process. Response to Comment SBCPW-3 This comment notes that Exhibit #4 Assessor Parcel Number (APN) 0266-021-18 is shown twice on the exhibit and should be corrected. Exhibit 4 has been corrected and is shown under Section 5, Errata to the Palm and Kendall Travel Center Project IS/MND. No further response is required. Response to Comment SBCPW-4 This comment recommends that the Lead Agency should enforce the most current regulations for developments within a floodplain. The suggestion is noted; the Lead Agency is enforcing the latest floodplain regulations on this Project, as well as any other projects undergoing City review. No further response is required. Response to Comment SBCPW-5 This comment notes that the proposed Project be subject to the Comprehensive Storm Drain Plan No. 7, dated December 1982, which is to be used as a guideline for drainage in the area. As noted above in Response SBCPW-3, the Project has been designed to avoid impacts to downstream flood control facilities by use of two proposed infiltration basins (MND page 95). All Project grading, flood control and stormwater quality features will be reviewed and approved by City staff prior to construction pursuant to the City’s standard development review process. Response to Comment SBCPW-6 This comment concludes by requesting that San Bernardino County Public Works continues to be included in future Project public communication, including Project notices, public reviews, or public hearings, and thanks the Lead Agency for the opportunity to provide input on this Project. No environmentally related comments where provided. No further response is required. 6.k Packet Pg. 316 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 18 Section 4.0 Errata to the Palm and Kendall Travel Center 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. Exhibit 4: Project Site Assessor Parcel Numbers Exhibit 4 (provided below) has been updated to correct the duplicate APN 0266-021-18 to show the missing APN 0266-021-39. Page 88, Flooding, First two sentences According to the Federal Emergency Management Administration (FEMA) Flood Insurance Rate Map (FIRM) Panel 06071C7930J, dated September 2, 2016, the Project site is located in Flood Zone X - shaded. Flood Zone X - shaded is defined by FEMA as the area determined to be outside usually the area between the limits of the 100-year and the 500-year floods. Page 88, Footnote 31 31 FEMA. 2020. FEMA Flood Map Service Center: Search By Address. Available at https://msc.fema.gov/portal/search?AddressQuery=turlock%2C%20ca#searchresultsanchor, https://msc.fema.gov/arcgis/rest/directories/arcgisjobs/nfhl_print/mscprintb_gpserver/j8b6bdb328ec7 4861853de1fc7d0f0a34/scratch/FIRMETTE_0ef69a2a-e830-4f1d-a5e1-428321e5f5fe.pdf, accessed October 28, 2020. July 10, 2020. Tribal Cultural Resources Section 18, Page 152, Mitigation Measures: MM TCR-1: The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI), the Gabrieleno Band of Mission Indians – Kizh Nation (GBMI), collectively referred to here as the “Tribes” or the “Consulting Tribes,” and the City shall be informed notified, 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. regarding any cultural resources discovered during project construction and shall be provided information regarding the nature of the find, so as to provide appropriate 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 “Plan” shall be created by the archaeologist, in coordination with the Consulting Tribes 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 the Consulting Tribes applicable tribal entities for the remainder of the Project, construction (until site grading and excavations are completed), should either of the Consulting Tribes applicable tribal entity(ies) elect to place a monitor on-site. 6.k Packet Pg. 317 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 19 MM TCR-2: Any and Aall 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 the Consulting Tribes. SMBMI and the Gabrieleno Band of Mission Indians. The City and/or applicant shall, in good faith, consult with the Consulting Tribes SMBMI and the Gabrieleno Band of Mission Indians throughout the construction of the Project. 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 Consulting Tribes. 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 Consulting Tribes 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 Representative s 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 Tribes and a qu alified archaeologist (that meets the Secretary of Interior Professional Qualification Standards for Archaeology, if one is present. If the resources are Native American in origin, the Consulting Tribes will retain it/them in the form and/or manner the Tribes 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 offer ed 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 6.k Packet Pg. 318 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 20 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. 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 Consulting Tribes, the qualified lead archaeologist, and th e 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 r emain 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 of human remains should occur as indicated by the MLD, in consultation with the property owner and the Lead Agency. MM GAB-5: Treatment Measures: (In the event of discovering human remains where the Kizh- Gabrieleno Tribe is designated as MLD): Prior to the continuation of ground-disturbing activities, the landowner shall arrange a designated site location within the footprint of the Project for the r espectful 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 hea vy 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 Consulting Tribes 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 Consulting Tribes 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 Consulting Tribes, documentation shall be taken which includes at a minimum detailed descriptive notes and sketches. Additional types of documentation shall be approved by the Consulting Tr ibes 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 Consulting Tribes and the NAHC. The Consulting Tribes do NOT authorize any scientific study or the utilization of any invasive and/or destru ctive diagnostics on human remains. 6.k Packet Pg. 319 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 21 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 Consulting Tribes 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 Nat ive American monitor must be approved by the Consulting Tribes. 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 A merican archaeological sites in southern California. 6.k Packet Pg. 320 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 22 6.k Packet Pg. 321 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 Page 23 Section 5.0 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 October 2, 2020 through October 22, 2020. The Public Draft IS/MND is provided as Appendix C, Public Draft IS/MND. 6.k Packet Pg. 322 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 APPENDIX A Affidavit of Distribution 6.k Packet Pg. 323 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) 6.kPacket Pg. 324Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) 6.k Packet Pg. 325 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) 6.k Packet Pg. 326 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) APN 0261-182-36-0000 JMK GROUP LLC 6789 QUAIL HILL PKWY #219 IRVINE CA 92603 APN 0261-182-37-0000 CALIFORNIA FOOD MANAGERS LLC 8306 WILSHIRE BLVD STE 5002 BEVERLY HILLS CA 90211 APN 0261-182-39-0000 3245 W LITTLE LEAGUE LLC 710 VALE VIEW DR VISTA CA 92081 APN 0261-182-40-0000 COMMSTAR2 LP 425 S SAN GABRIEL BLVD #900 SAN GABRIEL CA 91776 APN 0261-182-41-0000 STRATA PALMA LLC 4370 LA JOLLA VILLAGE DR STE SAN DIEGO CA 92122 APN 0266-021-17-0000 S B UNIVERSAL SELF STORAGE LLC PO BOX 8008 NEPORT BEACH CA 92658 APN 0266-021-18-0000 S B UNIVERSAL SELF STORAGE LLC PO BOX 8008 NEPORT BEACH CA 92658 APN 0266-021-23-0000 DP PALM LLC 1430 S EASTMAN AVE COMMERCA CA 95023 APN 0266-021-24-0000 CITY OF SAN BERNARDINO 13850 BRYMAN RD ORO GRANDE CA 92368 APN 0266-021-27-0000 S B UNIVERSAL SELF STORAGE LLC PO BOX 8008 NEPORT BEACH CA 92658 APN 0266-021-30-0000 DP PALM LLC 1430 S EASTMAN AVE COMMERCA CA 95023 APN 0266-021-32-0000 S B UNIVERSAL SELF STORAGE LLC PO BOX 8008 NEPORT BEACH CA 92658 APN 0266-021-33-0000 S B UNIVERSAL SELF STORAGE LLC PO BOX 8008 NEPORT BEACH CA 92658 APN 0266-021-34-0000 S B UNIVERSAL SELF STORAGE LLC PO BOX 8008 NEPORT BEACH CA 92658 APN 0266-021-36-0000 DP PALM LLC 1430 S EASTMAN AVE COMMERCA CA 95023 APN 0266-021-38-0000 S B UNIVERSAL SELF STORAGE LLC PO BOX 8008 NEPORT BEACH CA 92658 APN 0266-021-39-0000 S B UNIVERSAL SELF STORAGE LLC P O BOX 8008 NEWPORT BEACH CA 92658 APN 0266-021-40-0000 S B UNIVERSAL SELF STORAGE LLC P O BOX 8008 NEWPORT BEACH CA 92658 APN 0266-021-41-0000 S B UNIVERSAL SELF STORAGE LLC P O BOX 8008 NEWPORT BEACH CA 92658 APN 0266-021-45-0000 JASBIR SINGH 5672 ALTADENA CT RANCHO CUCAMONGA CA 91739 APN 0266-021-46-0000 YURUZU OISHI 2610 FONTEZUELA DR HACIENDA HEIGHTS CA 91745 APN 0266-021-53-0000 DP PALM LLC 1430 S EASTMAN AVE COMMERCE CA 90023 APN 0266-041-40-0000 MICHELLE UM 5469 WOODSIDE PL RANCHO CUCAMONGA CA 91737 APN 0266-041-69-0000 ANABI REAL ESTATE DEVELOPMENT LLC 1450 N BENSON AVE UPLAND CA 91786 APN 0266-041-70-0000 MARWAH FAMILY TRUST 2-2-94 15051 LEFFINGWELL RD #201 WHITTIER CA 90604 APN 0266-041-82-0000 5959 PALM AVENUE INVESTORS LLC P O BOX 1368 CARLSBAD CA 92018 6.k Packet Pg. 327 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) SOBOBA BAND OF LUISENO INDIANS ATTN: JOSEPH ONTIVEROS P.O. BOX 487 SAN JACINTO, CA 92581 SAN MANUEL BAND OF MISSION INDIANS ATTN: JESSICA MAUCK 26569 COMMUNITY CENTER DRIVE HIGHLAND, CA 92346 GABRIELENO BAND OF MISSION INDIANS – KIZH NATION ATTN: ANDREW SALAS P.O. BOX 393 COVINA, CA 91723 VERDEMONT NEIGHBORHOOD ASSOCIATION ATTN: KIM SCHMIDT P.O. BOX 90015 SAN BERNARDINO, CA 92472 CALTRANS DISTRICT 8 OFFICE PLANNING 464 WEST 4TH STREET SAN BERNARDINO, CA 92401 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT COUNTY OF SAN BERNARDINO- DEPT. OF PUBLIC WORKS 825 EAST THIRD STREET SAN BERNARDINO, CA 92415 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 21865 COPLEY DRIVE DIAMOND BAR, CA 91765-4178 OMINTRANS 1700 W FIFTH ST SAN BERNARDINO, CA 92411 SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY 1170 W. 3RD STREET, 2ND FLOOR SAN BERNARDINO, CA 92410-1715 CITY OF REDLANDS PLANNING DEPARTMENT 35 CAJON STREET REDLANDS, CA 92373 SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 NORTH F STREET SAN BERNARDINO, CA 92410 NATIVE AMERICAN HERITAGE COMMISSION 1556 HARBOR BLVD. WEST SACRAMENTO, CA 95691 COUNTY OF SAN BERNARDINO COUNTY CLERK 222 W. HOSPITALITY LANE SAN BERNARDINO, CA 92415-0022 SANTA ANA REGIONAL WATER QUALITY CONTROL BOARD 3737 MAIN STREET, SUITE 500 RIVERSIDE, CA 92501-3348 COLTON JOINT UNIFIED SCHOOL DISTRICT 1212 VALENCIA DRIVE COLTON, CA 92324 CALTRANS AERONATICS DIVISION 1120 N STREET SACRAMENTO, CA 95814 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS 818 W. SEVENTH STREET, 12TH FLOOR LOS ANGELES, CA 90017 CALIFORNIA DEPARTMENT OF FISH & WILDLIFE 3602 INLAND EMPIRE BLVD, SUITE C-220 ONTARIO, CA 91764 CITY OF HIGHLAND PLANNING DEPARTMENT 27215 BASELINE STREET HIGHLAND, CA 92346-3113 COUNTY OF SAN BERNARDINO LAND USE SERVICES 385 N. ARROWHEAD AVE. SAN BERNARDINO, CA 92415 CLERK OF THE BOARD OF SUPERVISORS, COUNTY GOVERNMENT CENTER 385 N. ARROWHEAD AVENUE, 2ND FLOOR SAN BERNARDINO, CA 92415-0130 SAN BERNARDINO COUNTY MUSEUM CALIFORNIA STATE UNIVERSITY FULLERTON P.O. BOX 6846 800 N. STATE COLLEGE BLVD. FULLERTON, CA 92834 THE GAS COMPANY TECHNICAL SERVICES DEPT. M.L. 8031 P.O. BOX 3003 REDLANDS, CA 92373-0306 EDISON INTERNATIONAL PLANNING DEPARTMENT 287 TENNESSEE STREET REDLANDS, CA 92373 VERIZON LOGISTICS CENTER 2970 INLAND EMPIRE BLVD. ONTARIO, CA 91764-4804 CITY OF LOMA LINDA ATTN: COMMUNITY DEVELOPMENT 25541 BARTON ROAD LOMA LINDA, CA 92354 CITY OF COLTON ATTN: COMMUNITY DEVELOPMENT 650 N. LA CADENA DRIVE COLTON, CA 92324 CITY OF RIALTO ATTN: DEVELOPMENT SERVICES 150 S. PALM AVENUE RIALTO, CA 92376 REDLANDS UNIFIED SCHOOL DISTRICT 20 W. LUGONIA AVENUE, REDLANDS, CALIFORNIA 92374 6.k Packet Pg. 328 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) RIALTO UNIFIED SCHOOL DISTRICT 182 EAST WALNUT AVENUE RIALTO, CALIFORNIA 92376-3598 6.k Packet Pg. 329 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Planning Permit Application 9 07/18 Two sets of typed or printed labels on 1” x 2 5/8” self-adhesive labels (i.e., Avery #5160) are required. The following is an example of how the information should appear on the label. 0151-101-01-0000 Sonny Bernard 300 North “D” Street San Bernardino, CA 92418 Note: To save time and effort, the ownership list requirement may be met by providing a photocopy of the sheets containing the completed address labels Property Description I, _____________________________, hereby certify that the attached list contains the names and addresses of all persons to whom property is assessed as they appear on the latest available assessment roll of the County of San Bernardino within the area described and for a distance of 500 feet from the exterior boundaries of property legally described as: _________________________________________________________________________________________________ __________________________________________________________________________________________ ________ _________________________________________________________________________________________________ Certification Statement I/we certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Name (printed): Signature: Title: Date: _____________________________ , ______________. SUBSCRIBED AND SWORN TO BEFORE ME THIS __________ DAY OF ______________, 20_____ ________________________________ NOTARY PUBLIC Ruben Salas 0137-011-01, 0137-011-31, 0137-051-27, 0137-052-46, 0274-011-11, 0274-011-12, 0274-011-34, 0274-011-35, 0274-011-42, 0274-011-43 Ruben Salas October 28 2020 Ruben Salas 6.k Packet Pg. 330 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project– Final IS/MND November 3, 2020 APPENDIX B Public Draft IS/MND 6.k Packet Pg. 331 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) PALM AND KENDALL TRAVEL CENTER PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION General Plan Amendment 20-01 Development Code Amendment (Zoning Map Amendment) 20-02 Conditional Use Permit 20-10 Subdivision 20-01 (Tentative Parcel Map) October 2020 Lead Agency: City of San Bernardino 201 North E Street, 3rd Floor San Bernardino, CA 92401 Travis Martin (909) 384-5313 Applicant: Greens Development, Inc. 8815 Research Drive Irvine, CA 92618 Contact: Adam Corral (619) 665-1296 Consultant: Kimley-Horn and Associates 3880 Lemon Street, Suite 420 Riverside, CA 92501 Kevin Thomas, CEP, ENV SP (951) 543-9875 6.k Packet Pg. 332 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page i October 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 ............................................................................................................ 3 1.9 Initial Study Review Process .................................................................................................. 4 1.10 Project Applicant(s)/Sponsor(s) ............................................................................................ 4 2.0 Project Information ...........................................................................................................5 2.1 Regional Location ................................................................................................................. 5 2.2 Project Site Location ............................................................................................................. 5 2.3 Existing Conditions ............................................................................................................... 5 2.4 General Plan and Zoning Designations .................................................................................. 5 2.5 Proposed Project Characteristics........................................................................................... 7 2.6 Project Approvals ............................................................................................................... 12 3.0 Initial Study Checklist.......................................................................................................25 3.1 Environmental Factors Potentially Affected by the Project .................................................. 27 Determination .................................................................................................................... 27 3.2 Evaluation of Environmental Impacts .................................................................................. 28 Aesthetics ........................................................................................................................... 29 Agricultural and Forestry Resources .................................................................................... 33 Air Quality .......................................................................................................................... 36 Biological Resources ........................................................................................................... 51 Cultural Resources .............................................................................................................. 55 Energy ................................................................................................................................ 60 Geology and Soils ............................................................................................................... 64 Greenhouse Gas Emissions ................................................................................................. 72 Hazards and Hazardous Materials ....................................................................................... 82 Hydrology and Water Quality.............................................................................................. 87 Mineral Resources .............................................................................................................. 99 Noise ................................................................................................................................ 101 Population and Housing .................................................................................................... 112 Public Services .................................................................................................................. 114 6.k Packet Pg. 333 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page ii October 2020 Recreation ........................................................................................................................ 116 Transportation .................................................................................................................. 117 Tribal Cultural Resources .................................................................................................. 151 Utilities and Service Systems ............................................................................................. 154 Wildfire ............................................................................................................................ 160 Mandatory Findings of Significance ................................................................................... 163 4.0 References ..................................................................................................................... 165 Appendices A Air Quality/ Greenhouse Gas Data/ Health Risk Assessment B Cultural Resources Assessment C Geotechnical Investigation D Preliminary Hydrology Report E Preliminary Water Quality Management Plan F Noise Report G Traffic Impact Analysis H Biological Resources Memo List of Exhibits Exhibit 1: Regional Location ................................................................................................................. 13 Exhibit 2: Local Vicinity Map................................................................................................................. 14 Exhibit 3: Aerial View ........................................................................................................................... 15 Exhibit 4: Project Site Assessor Parcel Numbers ................................................................................... 16 Exhibit 5: Project Site Photos ............................................................................................................... 17 Exhibit 6: Preliminary Site Plan ............................................................................................................. 18 Exhibit 7: Representative Project Design Concepts ............................................................................... 19 Exhibit 8a: Elevations ........................................................................................................................... 20 Exhibit 8b: Elevations ........................................................................................................................... 21 Exhibit 8c: Elevations ........................................................................................................................... 22 Exhibit 8d: Elevations ........................................................................................................................... 23 Exhibit 9: Preliminary Landscape Plan .................................................................................................. 24 Exhibit 10: Existing Lane Configuration and Traffic Control ................................................................. 123 Exhibit 11: City of San Bernardino Circulation Plan ............................................................................. 124 Exhibit 12: Existing Traffic Volumes .................................................................................................... 126 Exhibit 13: Opening Year 2022 Base Traffic Volumes .......................................................................... 128 List of Tables Table 1: Existing Land Use, General Plan Land Use and Zoning Designations .......................................... 6 6.k Packet Pg. 334 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page iii October 2020 Table 2: Project Summary ...................................................................................................................... 7 Table 3: SCAQMD CEQA Thresholds of Significance .............................................................................. 38 Table 4: Regional Maximum Daily Construction Emissions (lbs/day) ..................................................... 39 Table 5: Operational Emissions (lbs/day) .............................................................................................. 40 Table 6: Construction LST Evaluation .................................................................................................... 44 Table 7: On-Site Operational LST Evaluation ......................................................................................... 44 Table 8: Operational Health Risk .......................................................................................................... 48 Table 9: Cultural Resources and Studies Within One Mile of the Project Site ........................................ 56 Table 10: Seismic Source Summary Table ............................................................................................. 65 Table 11: Depth to Groundwater ......................................................................................................... 67 Table 12: Construction GHG Emissions ................................................................................................. 74 Table 13: Operational GHG Emissions .................................................................................................. 75 Table 14: Regional Transportation Plan/Sustainable Communities Strategy Consistency ...................... 77 Table 15: Project Consistency with Applicable CARB Scoping Plan Measures ........................................ 78 Table 16: Non-Structural Source Control BMPs .................................................................................... 90 Table 17: Structural Source Control BMPs ............................................................................................ 91 Table 18: Existing Project Traffic Noise Levels .................................................................................... 104 Table 19: Typical Noise Levels Generated by Construction Equipment ............................................... 106 Table 20: Project Construction Noise Levels ....................................................................................... 107 Table 21: Opening Year Traffic Noise Levels ....................................................................................... 109 Table 22: Horizon Year Traffic Noise Levels ........................................................................................ 109 Table 23: Typical Vibration Levels for Construction Equipment .......................................................... 110 Table 24: Level of Service Criteria for Signalized and Unsignalized Intersections ................................. 121 Table 25: City of San Bernardino Roadway Capacity Standards ........................................................... 122 Table 26: Existing Conditions – Peak Hour Intersection Level of Service ............................................. 125 Table 27: Opening Year 2022 Base Conditions – Peak-Hour Intersection Level of Service Summary .... 127 Table 28: Summary of Other Projects ................................................................................................. 129 Table 29: Opening Year 2022 Plus Other Projects Conditions ............................................................. 133 Table 30: Summary of Project Trip Generation Rates ......................................................................... 134 Table 31: Summary of Project Trip Generation—Passenger Cars ........................................................ 134 Table 32: Summary of Project Trip Generation—Trucks ..................................................................... 136 Table 33: Summary of Total Project Trip Generation .......................................................................... 136 Table 34: Opening Year (2022) Plus Other Projects Plus Project – Summary of Intersection Operations ................................................................................ 137 Table 35: Horizon Year 2040 – Summary of Intersection Operations .................................................. 138 Table 36: Horizon Year 2040 Plus Project – Summary of Intersection Operations ............................... 139 Table 37: Horizon Year 2040 Conditions With Improvements ............................................................. 141 Table 38: Project Fair Share for Horizon Year Plus Project Improvements ........................................... 142 Table 39: Normal Year Supply and Demand Comparison (AF) ............................................................. 156 Table 40: Single Dry Year Supply and Demand Comparison (AF) ......................................................... 156 6.k Packet Pg. 335 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page iv October 2020 Table 41: Multiple Dry Years Supply and Demand Comparison (AF) .................................................... 157 Table 42: Current and Projected Wastewater Collection and Treatment ............................................ 158 6.k Packet Pg. 336 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 1 October 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 Palm and Kendall Travel Center Project (“Project or “proposed Project”), located at 20301 Kendall Drive (Southwest corner of Palm Avenue and Kendall Drive), 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 Guideline s §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 Palm and Kendall Travel Center 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 public review would avoid the effects or mitigate the effects to a point where 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. 6.k Packet Pg. 337 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 2 October 2020 1.4 Mitigation Measures Per State CEQA Guidelines, §15041, Authority to Mitigate, a lead agency for a project has the 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. 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 6.k Packet Pg. 338 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 3 October 2020 • 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 permits 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 20-01 • Development Code Amendment (Zoning Map Amendment) 20-02 • Conditional Use Permit 20-10 • Subdivision 20-01 (Tentative Parcel Map) Other permits required for the Project will 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 permit s; 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 this document. 6.k Packet Pg. 339 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 4 October 2020 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 20-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 Comments submitted to the City during the 20-day 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: Greens Development, Inc. 8815 Research Drive Irvine, CA 92618 Contact: Adam Corral (619) 665-1296 6.k Packet Pg. 340 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 5 October 2020 2.0 PROJECT INFORMATION 2.1 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 Bern ardino 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 west, 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. 2.2 Project Site Location The Project site is comprised of ten parcels on a 8.10-acre site. The proposed Project site is in the north portion of the City and located at the southwest corner of Palm Avenue and Kendall Drive, at 20301 Kendall Drive, in the City of San Bernardino. The Project site is bounded by Kendall Drive on the north; a City water storage tank and existing access road on the west; Palm Avenue and a gas station and restaurants on the east; and vacant land to the northeast and southwest; refer to Exhibit 2, Local Vicinity Map. Local access to the Project site is provided via Kendall Drive, Palm Avenue, and Industrial Parkway. Regional Access is provided via Interstate 215 (I -215) via the Palm Avenue / Kendall Drive Ramp. Refer to Exhibit 3, Aerial View for a view of the Project site and its immediate surroundings, and Exhibit 4, Project Site Assessor Parcel Numbers, to view the location of all associated parcels. 2.3 Existing Conditions The Project site is an assortment of highly disturbed dirt vacant parcels including a billboard on the north end. The site is utilized as an unpermitted passerby semi-trailer truck parking/resting area. The site is barren with a few weeds in the northern corner. No wildlife or other native habitat exists on-site; refer to Exhibit 5, Project Site Photos. The Project site is currently accessed via Palm Avenue, Kendall Drive, and Industrial Parkway. The site is not fenced, and no utilities are currently provided on-site. Site drainage appears to be via sheet flow and surface infiltration. The site is not located within FEMA flood hazard zone. The Project site is located in Zone X, which is known as an area of low flood potential.1 2.4 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 1 FEMA. 2016. FEMA Flood Map Service center: Flood Map # 06071C7930J. Available at https://msc.fema.gov/arcgis/rest/directories/arcgisjobs/nfhl_print/mscprint_gpserver/jcc1ea44353ec4758af3bda9795544c2d/scratc h/FIRM ETTE_063fc075-6f47-46a3-acaf-c73f0271a9d0.pdf. Accessed June 29, 2020. 6.k Packet Pg. 341 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 6 October 2020 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;2 refer to Table 1, 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. Table 1: Existing Land Use, General Plan Land Use and Zoning Designations Location Existing Use Existing General Plan Land Use Designation Existing Zoning District Project Site 0266-021-17 Vacant and heavily disturbed land with two power poles and overhead lines, a billboard on the north end, semi-trailer truck parking throughout the south half of the site and non-native disked annual grasses on the north half. Commercial Commercial General – 1 (CG-1) 0266-021-18 0266-021-27 0266-021-32 0266-021-33 0266-021-34 0266-021-38 0266-021-39 0266-021-40 0266-021-41 North Kendall Drive and Caltrans Right-of -Way Caltrans Right-of-Way Caltrans Right-of-Way West Water storage tanks and Access Road Commercial Commercial General – 1 (CG-1) East Palm Avenue, Fast food restaurant and gas station, Caltrans Right-of-Way University District Overlay Commercial General – 1 (CG-1) Industrial Light (IL) South Vacant land County of San Bernardino (Light Industrial) City of San Bernardino (Commercial and Industrial Heavy) County of San Bernardino (Industrial Light (IL) City of San Bernardino (Commercial General – 1 (CG-1) and Industrial Heavy) Source: City of San Bernardino. 2020. Public Zoning Map. Available at http://sbcity.maps.arcgis.com/apps/webappviewer/index.html?id=dcca6aa4816b4021bd9364888ba669fd , accessed on June 29, 2020. The existing zoning provides for a wide range of allowable uses , including uses that are very similar to the proposed Project (i.e., a service station and fast-food restaurants), for example local and regional serving retail, personal service, entertainment, office, related commercial uses and limited residential uses.3 The Project is anticipated to require a zone change and General Plan amendment from commercial/retail to light industrial because the proposed Project would 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, page 2 -2. Accessed June 29, 2020. 3 General Plan. 2005. Table LU-2, Land Use Designations, page 2-18. Available at http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199. 6.k Packet Pg. 342 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 7 October 2020 include a “truck stop” which is an industrial use in essence. However, the Project would also include the sale of gasoline, diesel, and fast food. 2.5 Proposed Project Characteristics The Project involves the construction of a new Travel Center (TC) at the southwest corner of Palm Avenue and Kendall Drive. The Project site is 8.10 acres and consists of approximately 14,000 square feet of convenience store, inclusive of two drive-thru restaurants totaling 4,500 square foot of end-cap drive-thru restaurant, with three quick-serve restaurants inside the travel center with restrooms, showers, a laundry facility, and a lounge. The travel center (TC) is proposing 10 multi-product dispensers (MDP) which equates to 20 fueling positions for the passenger cars and 6 diesel lanes for the trucks . The gas and diesel tanks will be above-ground located along the access road and north of Driveway #1. An above-ground propane tank will be available on-site. The TC will keep passenger cars from comingling with semi-trailer trucks, by providing separate entrances and circulation patterns for safety and convenience to the guests. The main truck entrance is located on the north end of the Project site off Kendall Drive, whereas, the other three driveways are reserved for the passenger cars to access the TC and restaurants. The TC would operate 24 hours a day, 7 days per week, 365 days per year and anticipates hiring 75 employees (45 full-time and 30 part-time) between 3 shifts. The stand-alone drive through (fast-food) restaurant would be run by a tenant (not the TC) and is anticipated to employ approximately 60 persons (40 full time and 20 part-time). Overnight truck parking will be permitted, and electrical hookups would be provided. As shown of Table 1, the property currently has a General Plan Land Use Designation of Commercial, with a Zoning District Classification of “Commercial General – 1” (CG-1). To develop the property as a TC, the Project is proposing a General Plan Amendment from Commercial to Industrial, and to change the Zoning District Classification from “Commercial General -1” (CG-1) to “Industrial Light” (IL). The use would require a conditional use permit (CUP) under the City of San Bernardino’s zoning regulations for industrial light (IL) projects. As part of the Project, the developer would also pursue a lot consolidation map to consolidate the 10 existing parcels into 2 lots; refer to Table 2, Project Summary, for Project details, and Exhibit 6, Preliminary Site Plan. Table 2: Project Summary Project Element Proposed Project Existing Land Use Vacant and heavily disturbed land on the south half of the site and annual grasses and a billboard on the north half of the site. Site Area 8.10-acres Existing Land Use Designation Commercial Proposed Land Use Designation Industrial Existing Zoning District Commercial General – 1 (CG-1) Proposed Zoning District (IL) Industrial Light 6.k Packet Pg. 343 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 8 October 2020 Project Element Proposed Project Building Area Travel Center Fast-Food & Restaurant Total Building Area: 14,000 SF 4,500 SF 18,500 SF (5.2 % Site Coverage) Paved Area Existing Proposed 0 SF 275,517 SF Landscaping1 Required: Provided: 15% of Surface Parking Area (275,517 SF x 15% = 41,327 SF of landscape required) 16.6 % or 58,720 SF Provided Building Height2 Max Building Height Allowed: Max Proposed Building Height: 50’ Feet 32’ Feet Parking3 Required: 1 space for each 300 sf. of gross building area plus 1 space for every 10,000 sf. of gross yard area. Provided: Standard Stalls (9’x19’): Truck Parking ( 12’ x 70’): Total Parking Stalls 18,500 Building SF/300 SF X 1 = 62 spaces 58,720 Landscape SF/10,000 SF of Yard X 1 = 9 spaces 121 Standard Vehicle Stalls 69 Parking Stalls 190 Stalls Building Setbacks2 Required: Front Setback Rear Setback Side Setback Provided Setbacks Front Setback Rear Setback Side Setback 10 Feet 10 Feet 10 Feet 40 Feet 15 Feet 45 Feet Employment: Travel Center: approximately 75 employees (45 full-time and 30 part-time) between 3 shifts. Tenant(s): Stand-alone drive-through restaurant: approximately 60 employees (40 full time and 20 part-time) Operations: 24 hours a day/7 day per week/365 days per year Grading Quantities Cut: Fill: Net: 8,300 CY 4,716CY 3,584 CY 1 City of San Bernardino. Municipal Code – 19.28.050 Landscape Standards for Parking Areas. 2 City of San Bernardino. Municipal Code – Table 08.02 Industrial Zone Development Standards. 3 City of San Bernardino. Municipal Code – 19.24.040 Number of Parking Spaces Required. Site Access Regional access is provided on I-215 via the Palm Avenue / Kendall Drive ramp (Exit 50). Local access is provided via Palm Avenue, Kendall Drive. Driveway 1 is a 36’ full-movement passenger car driveway located on the access road/Industrial Parkway. Driveway 2 is a 36’ right-in/right-out 6.k Packet Pg. 344 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 9 October 2020 passenger car driveway located on Palm Avenue. Driveway 3 is a 36’ full-movement passenger car driveway located at the intersection of Kendall Drive and Palm Avenue. The Truck Driveway is a 45’ full movement truck-only driveway located on Kendall Drive (northern portion of the site) that would allow access to the truck fueling and truck parking area of the site ; refer to Exhibit 6, Preliminary Site Plan. Fencing The Project site will use wrought-iron fencing through the perimeter of the site. Emergency Access Emergency access would be available on all four driveways. Additionally, the Project will provide a heavy-duty, high-security key vault to keep keys, key cards and other small items to allow emergency personnel fast access to buildings which would be provided via a gate located along the western property line to allow emergency access and or secondary access to the adjacent San Bernardino Municipal Water District (SBMWD) water tanks. 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 employees and visitors. Individual Project review by the City including t he 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 121 standard (9’ x 19’) vehicle parking stalls, and 69 (12’ x 70’) truck parking stalls. The Project would provide a total of 190 combined stalls. As shown on Exhibit 6, truck parking would be provided on t he northern portion of the Project site, with parked trucks facing north (towards I-215) and east towards the TC and fast food restaurants. Truck ingress and egress would be limited to the Truck Driveway. Vehicle parking would be dispersed throughout the eastern portion of the site, between the proposed structures and fronting Palm Avenue. Building Design The conceptual architectural design for the Project includes the following: • Distinctive design elements that are visually fitting with the surrounding u ses to the east; • Prominent signage placement; • Curved roofline consistent to current brand architecture; • Use of varied materials to add interest and define spaces; • Pop of green with awnings ties to green bar in logo; • Distinctive Travel Center of America (TA) logo at entrance; • Architectural features that can easily be retrofitted to future remodels ; 6.k Packet Pg. 345 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 10 October 2020 • An inviting building design appealing to passerby truckers and families; • Defined seating/gathering areas on exterior & interior; and • Buildings in shades of brown, tan, green, and exposed metal. Refer to Exhibit 7, Representative Project Design Concepts, for the exterior elevations. Also refer to Exhibits 8a – 8d, Elevations. Additionally, five monument signs would be provided: one sign on Driveway #1, two monuments signs on Driveway #2, and two on Driveway #3. Trash Enclosure A trash enclosure serving all of the TC is proposed along the western property line just north of the TC, and north of the aboveground tanks . A second trash enclosure would be provided just south of the standalone drive-thru/fast food building, adjacent to the landscaped open area. 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 The Project proposes two infiltration basins and two underground infiltration chambers. An infiltration basin would be located along the west property line, adjacent to the above-ground tanks, and a second infiltration basin adjacent to Driveway #3. The two underground infiltration chambers will be located on the southern part of the site, above the truck parking area. The Project site will be enhanced with on-site and perimeter landscaping and ornamental trees and shrubs. An approximately 40’ landscaped buffer would be provided along Palm Avenue, and a 57’ buffer, and finally, an approximately 25’ buffer would be provided along Kendall Drive. Additionally, the Project would include irrigated trees and various low-water-use shrubs and ground cover. 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 16.6 percent (58,720 SF) of landscape coverage; refer to Exhibit 9, 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, 365 days per year. 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 cons truction plans. Utilities The Project buildings propose to tie into the 8” sewer system running northerly along Palm Avenue. Additionally, stormwater will be collected via the two underground infiltration chambers 6.k Packet Pg. 346 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 11 October 2020 which will tie to existing 24” storm drainpipe located southwest of the Project site. Power and other utilities will be underground. The Project will be served by the following utility providers: • Sewer Service – San Bernardino Public Works Department • Wastewater treatment -- San Bernardino Municipal Water Department • Gas Service – SoCal Gas Company • Phone Service – AT&T • Water Service – San Bernardino Municipal Water Department • Electrical Service – Southern California Edison • Cable Service – Spectrum Construction No demolition activities are necessary as the Project site is completely undeveloped. Project- related grading is anticipated to be limited to m inimal cuts and fills in order to accomplish the desired pad elevation and to provide adequate gradients for site drainage. Grading activities are anticipated to commence early 2021 and construction is anticipated to occur in one phase starting mid-2021. The Project is anticipated to be operational early-2022. Construction activities would incorporate site preparation activities, trenching for utilit ies, excavation and grading, pavement and concrete walkways, and building construction activities such as laying foundation, two underground infiltration chambers, landscaped areas. Construction equipment would include excavators, backhoes, forklifts, comp actors, concrete mixers and pumps, scrapers, front loaders, jackhammers, and electric lifts. Excavations would be approximately 2’ below bottom of footings. The Project is anticipated to result in approximately 8,300 cubic yards (CY) of cut and will require approximately 4,716 CY of fill material with a net export of 3,584 CY. Hours of Operation The TC would operate 24 hours a day, 7 days per week, 365 days per year and anticipates employing approximately 75 employees (45 full -time and 30 part-time) over 3 shifts. The stand- alone drive-thru restaurant would be occupied by a tenant which is anticipated t o employ use approximately 60 persons (40 full-time and 20 part-time). Tenant(s) of the fast-food restaurant 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). 6.k Packet Pg. 347 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 12 October 2020 2.6 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 Palm and Kendall Travel Center Project: • General Plan Amendment 20-01 • Development Code Amendment (Zoning Map Amendment) 20-02 • Conditional Use Permit 20-10 • Subdivision 20-01 (Tentative Parcel Map) 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; building permits; grading permits; tenant improvement permits; and permits for new utility connections. 6.k Packet Pg. 348 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Not to scale EXHIBIT 1: Regional Location Palm and Kendall Travel Center City of San Bernardino Source: Google Maps Project Site 6.k Packet Pg. 349 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Not to scale Source: Google Earth 215 EXHIBIT 2: Local Vicinity Map Palm and Kendall Travel Center City of San Bernardino Project Site C a j o n B l v d C a j o n B l v d I n d u s t r i a l P kw y I n d u s t r i a l P kw yPalm AvePalm AveK e n d a l l D r K e n d a l l D r Ken d a l l D r Ken d a l l D r North West South East 6.k Packet Pg. 350 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Not to scale Source: Google Earth 215 Project Site EXHIBIT 3: Aerial View Palm and Kendall Travel Center City of San Bernardino Palm AvePalm AveInstitutio n R d Institutio n R d N Little League DrN Little League DrN Magnolia AveN Magnolia AvePine Ave NPine Ave NCampus Pk wy Campus Pk wy C a j o n B l v d C a j o n B l v d Fr o n t a g e R d Fr o n t a g e R d Verdemon t Ranch RdVerdemon t Ranch Rd Ken d a l l D r Ken d a l l D r Belm o n t A v e W Belm o n t A v e W Irvin g t o n A v e Irvin g t o n A v e H a l lm a r k P k w y H a l lm a r k P k w y 6.k Packet Pg. 351 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Not to scale Source: Google Earth 215 EXHIBIT 4: Project Site Assessor Parcel Numbers Palm and Kendall Travel Center City of San Bernardino Palm AvePalm AveK e n d a l l D r K e n d a l l D r 0266-0266- 021-38021-38 0266-0266- 021-17021-17 0266-0266- 021-32021-32 0266-0266- 021-18021-18 0266-0266- 021-18021-18 0266-021-330266-021-33 0266-0266- 021-34021-34 0266-0266- 021-27021-27 0266-0266- 021-41021-41 6.k Packet Pg. 352 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward North Property Line Facing South North Property Line Facing South North Property Line Facing North East Property Line Facing Northwest Source: Site Visit EXHIBIT 5: Project Site Photos Palm and Kendall Travel Center City of San Bernardino 6.k Packet Pg. 353 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Not to scale EXHIBIT 6: Preliminary Site Plan Palm and Kendall Travel Center City of San Bernardino OFFICIAL USE ONLY E W CONDITIONAL USE PERMIT NO. XX-XXFORGREENS TRAVEL CENTER SAN BERNARDINOCITY OF SAN BERNARDINO NORTH 215 Source: Kimley-Horn CUP Map Driveway #1 Driveway #2 Driveway #3 Truck Driveway 6.k Packet Pg. 354 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) ’ ’ ’ © 2020 PARAGON SOLUTIONSSAN BERNADINO, CAGREENSEXAMPLE EXTERIOR ELEVATIONSSource: Paragon Solutions EXHIBIT 7: Representative Project Design Concepts Palm and Kendall Travel Center City of San Bernardino 6.k Packet Pg. 355 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Not to scale EXHIBIT 8a: Elevations Palm and Kendall Travel Center City of San Bernardino 4A. EAST ELEVATION 4B. NORTH ELEVATION Source: PARAGON SOLUTIONS 6.k Packet Pg. 356 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Not to scale EXHIBIT 8b: Elevations Palm and Kendall Travel Center City of San Bernardino 5A. WEST ELEVATION 5B. SOUTH ELEVATION Source: PARAGON SOLUTIONS 6.k Packet Pg. 357 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Not to scale EXHIBIT 8c: Elevations Palm and Kendall Travel Center City of San Bernardino 6A. WEST ELEVATION 6B. SOUTH ELEVATION TENANT TENANT Source: PARAGON SOLUTIONS 6.k Packet Pg. 358 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Not to scale EXHIBIT 8d: Elevations Palm and Kendall Travel Center City of San Bernardino 7A. EAST ELEVATION 7B. NORTH ELEVATION TENANT TENANT Source: PARAGON SOLUTIONS 6.k Packet Pg. 359 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward EXHIBIT 9: Preliminar y Landscape Plan Palm and Kendall Travel Center City of San Bernardino Source: ENV5 Not to scale 6.k Packet Pg. 360 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 25 October 2020 3.0 INITIAL STUDY CHECKLIST 1. Project Title Palm and Kendall Travel Center 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 20301 Kendall Drive, in the City of San Bernardino. 5. Project Applicant’s/Sponsor’s Name and Address Greens Development, Inc. 8815 Research Drive Irvine, CA 92618 Contact: Adam Corral (619) 665-1296 6. Existing General Plan Designation Commercial 7. Existing Zoning District Commercial General – 1 (CG-1).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 18,500-square feet of a TC/gas station, resting facility including a drive-thru for TC restaurant(s). Additionally, a second fast-food restaurant(s) with drive-thru and associated facilities would also be provided on the corner of Palm Avenue and Kendall Drive. As shown in Table 1, the Project site currently contains 10 parcels. The proposed project would amend the General Plan from Commercial to Industrial (General Plan Amendment 20 -01), and amend the zoning map 6.k Packet Pg. 361 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 26 October 2020 to change the property from Commercial General – 1 (CG-1) to Industrial Light (IL) (Zoning Map Amendment 20-02). As a proposed Truck Stop, a conditional use permit (CUP) is needed in the IL zone district (CUP 20-10). Finally, Subdivision 20-01(Tentative Parcel Map) is requested to consolidate 10 existing parcels into 2 parcels. The Project would also relocate the on-site power poles and overhead lines. Frontage Improvements Frontage improvements along Palm Avenue and Kendall Drive would include curb and gutter, lighting, driveway curb cuts, and ornamental landsca pe. Additionally, the intersection improvement at Palm Avenue and Industrial Parkway would be modified to construct curb and gutter, ramp case, guard rail, driveway, and 36” cross gutter. 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 July 6, 2020, the City initiated tribal consultation with interested California Native American tribes consistent with Assembly Bill (AB) 52 and State Bill (SB) 18. The City requested a consultation from the following tribes which have previously requested consultation: Gabrielino Band of Mission Indi ans – Kizh nation, San Manuel Band of Mission Indians (SMBMI), and Soboba Band of Luiseno Indians. On July 22, 2020, Gabrieleno Band of Mission Indians – Kizh nation requested further consultation. Tribal consultation is in process. Refer to the IS/MND checklist discussions for additional information Section 18, Tribal Cultural Resources). 6.k Packet Pg. 362 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) 6.k Packet Pg. 363 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 28 October 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 effe ct 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 t o 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 fol lowing: 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. 6.k Packet Pg. 364 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 29 October 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 As noted in Table 1, and shown in Exhibit 5 Project Site Photos, the Project site is a vacant and heavily disturbed property currently utilized as an unpermitted semi-trailer truck parking. The Project site is bounded by Kendall Drive, a vacant parcel, and I-215 on the north, a water storage tanks to the southwest, a fast-food restaurant and gas station to the east, and vacant land and a single-family residence beyond to the south/southwest; 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 the circulation system as they traverse areas of unusual scenic or aesthetic value. Two roadways within the City have been 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. However, neither of these highway segments are near the Project site, and therefore are not applicable to the proposed Project. 6.k Packet Pg. 365 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 30 October 2020 (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 2.0 miles north/northeast, 5.0 miles northwest and 13.0 miles southeast of the Project site, respectively. In its existing condition, the Project site does not block or hinder views of the surrounding mountains. As noted on Table 1, the Project site is surrounded by existing commercial, industrial and vacant uses. The most prominent developments near the Project site are the fast-food restaurant and gas station located just east, across Palm Avenue, and north of I-215. The proposed Project, associated buildings and amenities would not be located in an area designated as an official scenic vista, nor would it block the view of a scenic vista. There are no sensitive land uses adjacent to the si te that would have views of the San Bernardino National Forest blocked. Site development would be consistent with existing zoning relative to building height. Furthermore, the Project site is adjacent to I -215 in a heavily urbanized travel corridor, with a large warehouse located immediately south of the Project site along Industrial Parkway . 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 Scenic Highways (SR- 30 and SR-330). However, these highway segments are not near the Project site (they are approximately 10 miles east of the Project) and are not officially designated as State Designated Scenic Highways. Therefore, the proposed P roject would not substantially damage scenic resources within a State scenic highway.4 There are no significant natural scenic resources on the site as it is vacant/undeveloped and heavily disturbed, without any natural resources. The site does not contain rock outcroppings or historic buildings. There are no significant natural scenic resources on the site. 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. Refer to Response 1(a) above. The Project site is vacant/undeveloped, and it is currently used as an unpermitted truck parking/resting area for passerby truck drivers. The western portion of the site has annual grasses growing, but no trees on-site. Additionally, debris dumping is evident along the northern property line. The proposed Project would not degrade 4 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, July 7, 2020. 6.k Packet Pg. 366 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 31 October 2020 the existing visual character or quality of the site. On the contrary, the proposed Project would be developed in a manner consistent with the City’s landscape, lighting and architectural standards for similar commercial uses, and therefore not conflict with the applicable zoning and other regulations governing scenic quality . Site development would replace the dirt lot with a coordinated planned development including appropriate landscaping, lighting and architectural features consistent with this heavily urbanized commercial industrial corridor along the I -215. 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 will be visible from both Palm Avenue and Kendall Drive; however, the I-215 freeway will obstruct views of the site from the residential development north of the I-215, and there are no adjacent homes that could see the site during construction. Additionally, construction equipment and activities would be screened using privacy fencing around the Project site’s perimeter. No aesthetic resources would be destroyed as a result of construction-related activities. Construction impacts are temporary and would cease upon Project completion. Long-term Visual Impacts The Project site consists of undeveloped parcels, including informal truck parking. The proposed Project’s permanent buildings and associated amenities would be built generally using colors, materials, and textures consistent with the surrounding commercial uses, to be compatible with the aesthetic qualities of the community and consistent with §19.08, Industrial Zones, which includes Light Industrial (IL), of the City’s Development Code. Compared to existing conditions, the proposed structure would add features including landscaping, sidewalks, and structures that would be aesthetically inviting and consisting with the general area . No long-term visual impacts are anticipated from the implementation of the proposed Project. Therefore, in an urbanized area, the proposed Project would not conflict with the applicable zoning and other regulations governing scenic quality. As such, a less than significant impact would occur. (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 occasional lighting from the heavy trucks that park on-site. Project implementation would introduce a new source of light and glare; however, this is not considered “substantial” or to “adversely affect” day or nighttime views. The Project’s lighting would be typical of commercial and industrial uses in this heavily urbanized corridor along I-215. Outdoor lighting would be consistent with all of the City of San Bernardino Municipal Code including Section 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 6.k Packet Pg. 367 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 32 October 2020 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 issuance. No sensitive land uses are located near the Project site. As such, no night lighting would spill onto sensitive receptors. Furthermore, 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 would not substantially increase daytime glare for the following reasons: 1) the proposed building would use non -reflective grayscale colors and the glass would be limited to only windows (refer to Exhibit 7); and 2) on-site landscaping would provide sufficient trees and other ornamental landscaping that will partially shield the building and vehicle lights 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 be less than significant. 6.k Packet Pg. 368 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 33 October 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 Fo rest Protocols adopted 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 Mapping 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 heavily disturbed with passerby semi -trucks using the property for overnight parking. The site contains some ruderal grass on the northern portion of the site, but it is not used for any type of agricultural activity. 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 6.k Packet Pg. 369 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 34 October 2020 and Built-Up Land and Other Land. The nearest Farmland of Statewide Importance is approximately 15.0 miles southeast. The Project site is not subject to a Williamson Act contract.5 Forestry Resources The Project site is in an area surrounded by existing and planned development.6 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 is designated as Urban and Built-Up Land and Other Land. 7 As such, the Project would not convert 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.8 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 2(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 changes would occur from Project implementation that would trigger or result in the rezoning of forest land, or timberland. 5 DOC. 2019. California Important Farmland Finder – Williamson Act Map. Available at https://maps.conservation.ca.gov/dlrp/ciff/, accessed on July 7, 2020. 6 General Plan. 2005. Land Use Map, Figure LU -2. 7 DOC. 2019. California Important Farmland Finder. Available at. https://maps.conservation.ca.gov/dlrp/ciff/, accessed on July 7, 2020. 8 DOC. 2019. California Important Farmland Finder – Williamson Act Map. Available at. https://maps.conservation.ca.gov/dlrp/ciff/, accessed on July 7, 2020. 6.k Packet Pg. 370 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 35 October 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 t o 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. 6.k Packet Pg. 371 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 36 October 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 may 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 is located within the SCAB, which is under the jurisdiction of the SCAQMD. The SCAQMD is required, pursuant to the FCAA, to reduce emissions of criteria pollutants for which the SCAB is in nonattainment. To reduce such em issions, the SCAQMD drafted the 2016 AQMP. The 2016 AQMP establishes a program of rules and regulations directed at reducing air pollutant emissions and achieving state (California) and national air quality standards. The 2016 AQMP is a regional and multi -agency effort including the SCAQMD, the CARB, the SCAG, and the EPA. The plan’s pollutant control strategies are based on the latest scientific and technical information and planning assumptions, including SCAG’s 2016 RTP/SCS, updated emission inventory methodologies for various source categories, and SCAG’s latest growth forecasts. SCAG’s latest growth forecasts were defined in consultation with local governments and with reference to local general plans. The Project is subject to the SCAQMD’s AQMP. Criteria for determining consistency with the AQMP are defined by the following indicators: • Consistency Criterion No. 1 – The Project will not result in an increase in the frequency or severity of existing air quality violations, or cause or contribute to new v iolations, or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP. 6.k Packet Pg. 372 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 37 October 2020 • Consistency Criterion No. 2 – The Project will not exceed the assumptions noted in the AQMP or increments based on the years of the Project build-out phase. According to the SCAQMD’s CEQA Air Quality Handbook, the purpose of the consistency finding is to determine if a project is inconsistent with the assumptions and objectives of the regional air quality plans, and thus if it would interfere with the region’s ability to comply with CAAQS and NAAQS. The violations to which Consistency Criterion No. 1 refers are CAAQS and NAAQS. As shown in Table 4 and Table 5 below, the Project would not exceed the construction s tandards and net emissions would not exceed operational standards. Concerning Consistency Criterion No. 2, the AQMP contains air pollutant reduction strategies based on SCAG’s latest growth forecasts, and SCAG’s growth forecasts were defined in consultation with local governments and with reference to local general plans. The Project will change the land use designation from “Commercial General -1” (CG-1) to “Industrial Light” (IL); however this change will not significantly alter the development density presented in the City’s General Plan. Additionally, the proposed Travel Center would serve existing vehicles in the area and therefore would not exceed the population or job growth projections used by the SCAQMD to develop the AQMP. Thus, the Project is also consistent with the second criterion. Impacts would be less than significant. (b) Result in a cumulatively considerable net increase of any criteria pollutant for w hich 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. 6.k Packet Pg. 373 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 38 October 2020 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. 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 generated 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 surface s. Emissions of airborne 6.k Packet Pg. 374 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 39 October 2020 particulate matter are largely dependent on the amount of ground disturbance associated with site preparation activities as well as weather conditions and the appropriate application of water. The duration of construction activiti es associated with the Project is estimated to last approximately 10 months. 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. See Appendix A: Air Quality/ Greenhouse Gas Data/ Health Risk Assessment for more information regarding the construction assumptions used in this analysis. Predicted maximum daily construction-generated emissions for the Project are summarized in Table 4, Regional Maximum Daily Construction Emissions. 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 those living and working nearby. SCAQMD Rules 402 and 403 (prohibition of nuisances, watering of inactive and perimeter areas, track out requirements, etc.), are applicable to the Project and were applied in CalEEMod to minimize fugitive dust emissions. Standard Condition (SC) AQ-1 requires the implementation of Rule 402 and 403 dust control techniques to minimize PM 10 and PM2.5 concentrations. While impacts would be considered less than significant, Project would be subject to SCAQMD Rules for reducing fugitive dust, described in the Regulatory Framework subsection above and identified in Standard Conditions SC AQ -1. 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 (2021) 7.64 40.55 41.90 0.09 10.35 6.40 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 stoc kpiles 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 Append ix A for Model Data Outputs. Source: CalEEMod version 2016.3.2. Refer to Appendix A for model outputs. As shown in Table 4, all criteria pollutant emissions would remain below their respective thresholds. While impacts would be considered less than significant, the Project would be subject to SCAQMD Rules 402 and 403 as required by SC AQ-1. 6.k Packet Pg. 375 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 40 October 2020 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: Operational Emissions (lbs/day) Source Reactive Organic Gases (ROG) Nitrogen Oxide (NOx) Carbon Monoxide (CO) Sulfur Dioxide (SO2) Coarse Particulate Matter (PM10) Fine Particulate Matter (PM2.5) Unmitigated Operational Emissions Area Source Emissions 0.50 < 0.01 < 0.01 0.00 < 0.01 < 0.01 Energy Emissions 0.11 0.98 0.82 < 0.01 0.07 0.07 Mobile Emissions 9.03 44.54 63.01 0.18 10.49 2.95 TRU Emissions 0.76 7.18 7.60 0.00 0.22 0.20 Total Emissions1 10.40 52.70 71.43 0.19 10.78 3.22 SCAQMD Significance Thresholds 55 55 550 150 55 150 Exceed thresholds? No No No No No No Source: CalEEMod version 2016.3.2. Transportation Refrigeration Unit (TRU) emissions are based on CARB OFFROAD 2017 rates and conservatively assume 50 percent of all trucks would have TRUs. Refer to Appendix A for model outputs. Note: Total values are from CalEEMod and may not add up 100% due to rounding. As noted above, the Project’s operational emissions would be associated with mobile sources (i.e., motor vehicle use), energy sources, and area sources. Each of these sources are described below. • Area Source Emissions. Area source emissions would be generated due to on-site equipment, architectural coating, and landscaping that were previously not present on the site. • Energy Source Emissions. Energy source emissions would be generated due to electricity and natural gas usage associated with the Project. Primary uses of electricity and natural gas by the Project would be for space heating and cooling , water heating, ventilation, lighting, appliances, and electronics. • Mobile Source. Mobile sources are emissions from motor vehicles, including tailpipe and evaporative emissions. Depending upon the pollutant being discussed, the potential air 6.k Packet Pg. 376 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 41 October 2020 quality impact may be of either regional or local concern. For example, ROG, NO X, PM10, and PM2.5 are all pollutants of regional concern. NOX and ROG react with sunlight to form O3, known as photochemical smog. Additionally, wind currents readily transport PM 10 and PM2.5. However, CO tends to be a localized pollutant, dispersing rapidly at the source. Project-generated vehicle emissions are based on the trip generation within the Project Traffic Impact Study and incorporated into CalEEMod as recommended by the SCAQMD. Per the Project Traffic Impact Study, the Project would generate 1,579 daily trips (16 percent trucks). As shown in Table 5, the anticipated mobile source emissions would not exceed SCAQMD thresholds for criteria pollutants. Cumulative Impacts Cumulative Short-Term Emissions The SCAB is designated nonattainment for O3, PM10, and PM2.5 for State standards and nonattainment for O3 and PM2.5 for Federal standards. Appendix D of the SCAQMD White Paper on Potential Control Strategies to Address Cumulative Impacts from Air Pollution (2003) notes that projects that result in emissions that do not exceed the project-specific SCAQMD regional thresholds of significance should result in a less than significant impact on a cumulative basis unless there is other pertinent information to the contrary. The mass -based regional significance thresholds published by the SCAQMD are designed to ensure compliance with both NAAQS and CAAQS and are based on an inventory of projected emissions in the SCAB. Therefore, if a project is estimated to result in emissions that do not exceed the thresholds, the project’s con tribution to the cumulative impact on air quality in the SCAB would not be cumulatively considerable. As shown in Table 5 above, Project construction-related emissions by themselves would not exceed the SCAQMD significance thresholds for criteria pollutant s. Therefore, the proposed Project would not generate a cumulatively considerable contribution to air pollutant emissions during construction. The SCAQMD has developed strategies to reduce criteria pollutant emissions outlined in the AQMP pursuant to the FCAA mandates. The analysis assumed fugitive dust controls would be utilized during construction, including frequent water applications. SCAQMD rules, mandates, and compliance with adopted AQMP emissions control measures would also be imposed on construction projects throughout the SCAB, which would include related projects. Compliance with SCAQMD rules and regulations would further reduce the Project construction -related impacts. Therefore, Project-related construction emissions, combined with those from other projects in the area, would not substantially deteriorate local air quality. Construction emissions associated with the Project would not result in a cumulatively considerable contribution to significant cumulative air quality impacts. 6.k Packet Pg. 377 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 42 October 2020 Cumulative Long-Term Impacts The SCAQMD has not established separate significance thresholds for cumulative operational emissions. The nature of air emissions is largely a cumulative impact. As a result, no single project is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead, individual project emissions contribute to existing cumulatively significant adverse air quality impacts. The SCAQMD developed the operational thresholds of significance based on the level above which individual project emissions would result in a cumulatively considerable contribution to the SCAB’s existing air quality conditions. Therefore, a project that exceeds the SCAQMD operational thresholds would also be a cumulatively considerable contribution t o a significant cumulative impact. As shown in Table 5, Project operational emissions would not exceed SCAQMD thresholds. As a result, operational emissions associated with the Project would not result in a cumulatively considerable contribution to signifi cant cumulative air quality impacts. Additionally, adherence to SCAQMD rules and regulations would alleviate potential impacts related to cumulative conditions on a project-by-project basis. Project operations would not contribute a cumulatively considerable net increase of any nonattainment criteria pollutant. Standard Conditions and Requirements: SC AQ-1 Prior to the issuance of grading permits, the City Engineer shall confirm that the Grading Plan, Building Plans and Specifications require all constructi on contractors to comply with South Coast Air Quality Management District’s (SCAQMD’s) Rules 402 and 403 to minimize construction emissions of dust and particulates. The measures include, but are not limited to, the following: • Portions of a construction site to remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or otherwise stabilized. • All on-site roads will be paved as soon as feasible or watered periodically or chemically stabilized. • All material transported off-site will be either sufficiently watered or securely covered to prevent excessive amounts of dust. • The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized at all times. • Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept daily or washed down at the end of the workday to remove soil tracked onto the paved surface. 6.k Packet Pg. 378 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 43 October 2020 (c) Expose sensitive receptors to substantial pollutant concentr ations? 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 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 s how 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 8.10 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 3.5 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 3.5 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 305 meters (1,000 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. 6.k Packet Pg. 379 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 44 October 2020 Table 6: Construction LST Evaluation Construction Activity Nitrogen Oxide (NOX) Carbon Monoxide (CO) Coarse Particulate Matter (PM10) Fine Particulate Matter (PM2.5) Site Preparation 40.50 21.15 10.17 6.35 Grading 24.74 15.86 4.13 2.59 Construction1 17.43 31.88 16.58 33.06 17.43 31.88 16.58 33.06 Paving1 12.92 14.66 12.92 14.66 Architectural Coating1 1.53 1.82 1.53 1.82 SCAQMD Localized Screening Threshold (adjusted for 3.5 acres at 305 meters) 518 11,662 134 59 Exceed SCAQMD Threshold? No No No No 1. The building construction, paving, and architectural coating sub -phases are combined because they would potentially occur at the same time. Source: CalEEMod version 2016.3.2. Refer to Appendix A for model outputs. 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 30.43 39.93 5.54 1.75 SCAQMD Localized Screening Threshold (5 acres at 305 meters) 518 11,662 32 15 Exceed SCAQMD Threshold? No No No No 1. SRA Zone 34 – Central San Bernardino Valley; 5-acre area, 305 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. As shown in Table 6 and Table 7, 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 1,579 average daily trips (ADT). Based on the analysis presented below, a CO “hot spots” an alysis 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. 6.k Packet Pg. 380 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 45 October 2020 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 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 modeli ng 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 o f SCAQMD’s 2003 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 Boulevard 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 1,579 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 construction equipment dissipates rapidly. Current models and methodologies for conducting health risk assessments ar e 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 6.k Packet Pg. 381 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 46 October 2020 (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 dispers ive properties of 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. Fuel Dispensing and Truck Emissions Risk Assessment The proposed project includes a fuel dispensing facility, which would be a source of fuel vapors that would include TACs such as benzene, methyl tertiary -butyl ether, toluene, and xylene. Benzene is the primary TAC associated with fuel dispensing facilities. Additionally, DPM emissions would be emitted from diesel -fueled trucks traveling along the designated delivery truck access routes to the travel center and emitted from trucks idling at the travel center. The closest sensitive receptors to the travel center would be residences that are located approximately 1,000 feet northeast. 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). Fuel dispensing facility emissions were computed based on the maximum allowable throughput of fuel (i.e., 9.6 million gallons per year)9. Emissions of benzene, which is a TAC, were computed using CARB emission factors for fuel-dispensing facilities and assuming that benzene makes up 0.3 percent of gasoline vapor.10 Total benzene emissions were calculated at 0.005 pounds per hour; refer to Appendix A for the details of the calculations. 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 conservatively based on the first possible year of operations for a 9 The Project anticipates selling 600,000 g al/month of diesel (7.2M gal/year) and 200,000 gal/month of gasoline (2.4M gal/year). 7.2M gal/year+2.4M gal/year = 9.6M gal/year 10 CAPCOA. Air Toxics "Hot Spots" Program, Gasoline Service Station Industrywide Risk Assessment Guidelines, November 1997. 6.k Packet Pg. 382 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 47 October 2020 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 45 miles per hour (mph) for off-site truck travel and 15 mph for on-site truck travel. Idling emissions were represented in the model via line volume sources on the site. Truck travel emissions were represented in the model via line volume sources along local roads. Air dispersion modeling for the HRA was performed using the Uni ted 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 heig hts 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) terrain data was imported into AERMOD for the Project. The modeling and analysis were prepared in accordance with the SCAQMD Modeling Guidance for AERMOD . Risk levels were calculated with CARB’s Risk Assessment Stand Alone Tool (RAST). Note that the concentration estimate developed 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. Table 8, Operational Health Risk shows that the highest calculated carcinogenic risk resulting from the Project would not exceed the SCAQMD threshold of 10 in one million. The calculations conservatively assume no cleaner technology with l ower emissions in future years. Acute and chronic impacts were also evaluated and shown in Table 8. 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 from the Project would be 0.0013 and 0.012, respectively. Therefore, carcinogenic and non‐carcinogenic hazards are calculated to be within acceptable limits and a less than significant impact would occur. 6.k Packet Pg. 383 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 48 October 2020 Table 8: Operational Health Risk Emissions Sources Concentration (µg/m3)1 Cancer Risk (per million)2 Chronic Hazard Acute Hazard Trucks 0.0067 5.80 0.0013 0.012 Gas Dispensing Facility 0.0089 0.70 0 0 SCAQMD Threshold N/A 10 1.0 1.0 Threshold Exceeded? No No No No Notes: 1. Concentration for trucks is PM10 and concentration for the Gas Dispensing Facility is Benzene. 2. The maximum cancer risk is based on worst-case exposure durations for the Project, 95th percentile breathing rates, and 30-year averaging time. 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 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 S ource Review (NSR) Program and SCAQMD Rule 1303 for new or modified sources. The NSR Program 11 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 atmos phere 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 co nsistency 11 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) 6.k Packet Pg. 384 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 49 October 2020 and coherence of the evidence for effects upon asthmatics suggest that ozone can make asthma symptoms worse and can increase sensitivity to asthma triggers. According to 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 PM 2.5, 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 NO X reductions prove to be much more effective in reducing ozone levels and will also lead to significant improvement in PM 2.5 concentrations. NOX-emitting stationary sources regulated by the SCAQMD include Regional Clean Air Incentives Market (RECLAIM) facilities (e.g., refineries, power plants, etc.), natural gas 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 re gulated 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 AQ MD 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. Incent ives 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 4 and Table 5). Localized effects of on-site Project emissions on nearby receptors were also found to be less than significant (refer to Table 6 and Table 7). 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 6.k Packet Pg. 385 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 50 October 2020 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. (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 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. The Project would not include any of the land uses that have been identified by the SCAQMD as odor sources. Thus, impacts relating to both operational and construction activity odors from implementation of the Project would be less than significant. 6.k Packet Pg. 386 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 51 October 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 Screening Memo has been prepared by Jericho Systems, September 23, 2020. The report is available in Appendix H 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? Less than Significant. According to the San Bernardino General Plan, the proposed Project is within the San Bernardino Kangaroo Rat Critical Habitat and within the Coastal California 6.k Packet Pg. 387 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 52 October 2020 Gnatcatcher Critical Habitat,12 and is within a biological resource area.13 However, these are general designations at a regional level, and do not necessarily reflect actual site conditions. The biological resources screening memo conducted on September 22, 2020, addressed the potential effects of the proposed Project to designated critical habitats and/or any species currently listed or formally proposed for listing as endangered or threatened under the federal Endangered Species Act (ESA) and the California Endangered Species Act (CESA) or species designated as sensitive by the California Department of Fish and Wildlife (CDFW, formerly California Department and Fish and Game) or the California Native Plant Society (CNPS). The survey area encompassed the Project footprint and 200 -foot survey buffer where accessible and feasible. Wildlife species were detected during field surveys by sight, calls, tracks, scat, or other signs. In addition to species observed, expected wildlife usage of the site was determined according to known habitat preferences of regional wildlife species and knowledge of their relative distributions in the area. A burrowing owl (Athene cunicularia, [BUOW]) habitat suitability assessment was also conducted in accordance with the 2012 “Burrowing Owl Survey Protocol and Mitigation Guidelines” prepared by the California Burrowing Owl Consortium. The survey examined natural and non -natural substrates for potential burrow sites and searched for molted feathers, whitewash, cast pellets and/or prey remains. The main focus of the survey was to identify potential habitat for special status wildlife within the Project area. The site visit determined that the site is barren with a few weeds in the northern corner. There is no potential for burrowing owl, killdeer, nesting birds or for small burrowing mammals. The southern portion of the Project site is a barren dirt lot that is heavily disturbed from truck parking, while the northern part of the site includes few weeds, the site is overall completely disturbed; refer to Exhibit 5, Project Site Photos. As shown on Exhibit 5, and the site visit findings, the Project site is absent of vegetation, trees or coastal scrub which is preferred by the Gnatcatcher. No biological resources were present at the time of the site visit. 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. Additionally, the surrounding properties to the west, east, and south are fully graded/developed. The previously identified vacant lots to the northwest are currently undergoing grading for a new/separate project. A less than significant impact would occur. 12 General Plan. 2005. Figure NRC-1 – Potential Habitat for Sensitive Wildlife. 13 General Plan. 2005. Figure NRC-2 – Biological Resource Areas . 6.k Packet Pg. 388 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 53 October 2020 (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. No riparian or sensitive, or wetland vegetation was discovered within the Project site. As shown in Exhibit 3 aerial view and Exhibit 5 Project Site Photos, n o water features or other natural drainage courses 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 wetland s (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 Response 4(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). As shown on Figure NRC-2 of the General Plan, the Project site is not located on a Riparian corridor. No aspect of the site presents any evidence of riparian vegetation, wetlands, marsh, vernal pools, or coastal vegetation; refer to Exhibit 5. No jurisdictional waters occur onsite. Therefore, no impact would occur. (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? No Impact. There are no trees or other habitat that could serve as habitat for migratory wildlife. Neither the Project site nor the boundaries contain trees suitable for use by raptors for nesting and roosting purposes. The Project site is fully and heavily disturbed and does not serve as a wildlife corridor or native wildlife nursery site. Therefore, there would be no impacts. (e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance ? No Impact. No conflict with any local policy is anticipated, nor is a conflict anticipated with ordinances protecting biological resources such as a tree preservation policy because the Project site does not contain any trees. No impact would occur. (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 located within the boundaries of a Biological Resources Area and within the San Bernardino Kangaroo Rat Critical Habitat and Coastal Cali fornia Gnatcatcher Critical Habitat, as noted in the General Plan. However, as noted above, in Response (a), the site conditions do not reflect the designation and the biological resources screening memo 6.k Packet Pg. 389 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 54 October 2020 determined that the site is barren and displays some weeds in the northern corner and no potential for burrowing owl, killdeer, nesting birds or for small burrowing mammals . Because there is no potential for any sensitive species to occur on -site due to the heavily disturbed conditions and absence of any existing wildlife, or natural habitat, the proposed Project would not conflict with an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. 6.k Packet Pg. 390 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 55 October 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. September 16, 2020. The report is available in Appendix B to this IS/MND. The report and research were 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 fieldwork, an archaeological records search was conducted from the South-Central Coastal Information Center (SCCIC) at California State University, Fullerton. This included a review of all recorded historic and prehistoric cultural resources, as well as a review of known cultural resources, and survey and excavation reports generated from projects completed within one mile of the Project site. In addition, a review was conducted of the National Register of Historic Places (National Register), the California Register of Historical Resources (California Register), and documents and inventories from the California Office of Historic Preservation including the lists of California Historical Landmarks, California Points of Historical Interest, Listing of National Register Properties, and the Inventory of Historic Structures. Additionally, in-house records have been reviewed to preliminarily summarize the disposition of previously recorded cultural resources within and adjacent to the Project site. Field Survey. An intensive-level cultural resources field survey of the Project site was conducted on June 24, 2020. The survey was conducted by walking parallel transects spaced approximately 15 meters apart across 100 percent of the Project site. Soil exposures, including natural and artificial clearing were carefully inspected for evidence of cultural resources. No cultural resources within its boundaries during the field survey. Surface visibility was approximately 80 percent within the Project site. Sediments consisted of sandy silt with poorly sorted gravels. The 6.k Packet Pg. 391 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 56 October 2020 property has been subject to severe disturbances related to building construction, subsequent demolition, and to grading for use as a truck parking lot. Records Search. The SCCIC at California State University, Fullerton completed the archaeological records search. This research has revealed that 46 cultural resource studies have taken place resulting in the recording of 18 cultural resources (all historic-period resources) within one mile of the Project site. Six of the previous studies assessed a portion of the Project site for cultural resources but did not identify any cultural resources within the Project boundaries. The final results of the record search are shown 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 North, California (1988) P-36-2910: Historic-Period Road (1/4 Mile NW) P-36-6793: Historic-Period Railroad (1/4 Mile SW) P-36-10221: Historic-Period Site (3/4 Mile NW) P-36-10315: Historic-Period Transmission Line (3/4 Mile W) P-36-13612: Historic-Period Site (1/2 Mile SE) P-36-13613: Historic Period Site (1/2 Mile SE) P-36-13614: Historic-Period Foundation and Road P-36-14177: Historic-Period Structure (1 Mile NE) P-36-14898: Historic-Period Site (1/4 Mile NE) P-36-20646: Historic-Period Site (1/4 Mile SW) P-36-21325: Historic-Period Structure (1/4 Mile SW) P-36-21326: Historic-Period Structure (1/2 Mile SW) P-36-26791: Historic-Period Structure (1/4 Mile SW) P-36-26792: Historic-Period Site (1/4 Mile SW) P-36-27100: Historic-Period Isolate (1/4 Mile SE) P-36-31939: Historic-Period Isolate (1 Mile NW) P-36-31940: Historic-Period Isolate (1 Mile NW) P-36-60940: Historic-Period Glass (1/2 Mile NW) SB-106-1285, 1374, 1603, 1870, 1883, 1884, 1885, 1958, 2031, 2040, 2042, 2073, 2102, 2712, 2712, 2717, 3647, 3650, 3711, 4081, 4366, 4720, 4721, 4723, 5272, 5273, 5546, 5897, 6057, 6059, 6291, 6446, 6447, 6648, 6650, 7622, 7623, 7624, 7625, 7636*, 7959*, 7960, 8221*, 8222*, 8223*, 8224* Source: BCR Consulting, LLC. August 3, 2020. Cultural Resources Assessment. Appendix B. Additional Research. No 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. (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 previous records search conducted at the SCCIC revealed that preliminary results from an in-house review of BCR Consulting records indicate that the Project site has not been subject to previous cultural resources assessment and that no 6.k Packet Pg. 392 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 57 October 2020 cultural resources have been identified within its boundaries. Data has indicate d that eighteen cultural resources have been identified within a mile to the north of the project site. N o cultural resources have been previously recorded onsite; refer to Table 9, Cultural Resources and Studies Within One Mile of the Project Site. Although the Cultural Resources study did not have records search data for the area to the south of the Project site, the in-house records search data presented, combined with the field survey results indicate that there are no cultural resources (including prehistoric or historic-period archaeological sites or historic buildings) within the Project site. The Project site does not contain any structures; therefore, there is no potential for impacts to historic resources . Based on these results, no additional cultural resources work, or monitoring is necessary during proposed Project activities. However, in an abundance of caution, and in the event that currently unknown and unanticipated resources are unearthed during cons truction, Mitigation Measure (MM) CUL-1 MM CUL-2, and MM CUL-3 would reduce potential impacts to such resources to a less than significant level. Therefore, impacts to historical and archeological resources would be less than significant. 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 Department (SMBMI), and/or other applicable tribal entities 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/or other applicable tribal entities shall be contacted, 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 6.k Packet Pg. 393 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 58 October 2020 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 Measure s 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. 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. However, findings were positive during the Sacred Lands File search with the Native American Heritage Commission (NAHC). The NAHC did not indicate the nature or location of the resource(s) but recommended contacting those Tribes that have requested consultation with the City. The City has initiated Senate Bill (SB) 18 and Assembly Bill (AB) 52 Native American Consultation for the Project. The earliest images available of the site are from 1995 and show the site being undeveloped since then. Given the site’s relatively flat area, it is anticipated that grading will be limited to minor cuts and fills in order to accomplish the desired pad elevations and to provide adequate gradients for site drainage. This does not include the removal and re-compaction of the primary building areas. Although limited to the primary building areas, the anticipated 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 Corone r recognizes 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 6.k Packet Pg. 394 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 59 October 2020 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 sta tutes. 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 with compliance to applicable laws. 6.k Packet Pg. 395 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 60 October 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 Standards14 Energy conservation standards for new residential and non-residential 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 adjacent commercial development immediately to the east . 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 778,074-kilowatt hours (kWh) (0.778074 Gigawatt hours [GWh]). In 2018, the County consumed 15,633 GWh and SCE 14 The emissions model uses 2016 building code energy consumption rates. The project would be subject to the 2019 code. The adjustme nts are incorporated in the mitigation module of CalEEMod to m eet current regulatory standards. As these are adjustments to be consistent with current code requirements, they are not mitigation or design features. 6.k Packet Pg. 396 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 61 October 2020 consumed 85,276 GWh.15 The Project’s increased demand represents approximately 0.005 percent of electricity consumption the County and 0.00 09 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 hours (GWh)—between 2019 and 2035.16 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 provisions 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. 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 consumption. Natural Gas Less than Significant. 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 bi llion therms) to 186 Bcf, (1.90 billion therms), while supplies remain constant at 3.775 billion cubic feet per day (bcfd) (0.04 billion therms per day) from 2015 through 2035. Based on the CalEEMod emissions modeling, the Project would have an annual dema nd of 3,629,834 kBTU (0.036298 million therms) of natural gas. In 2018, the County consumed 500 million therms and SoCalGas 15 California Energy Commission, California Energy Consumption Database. Available at https://ecdms.energy.ca.gov/, accessed on December 19, 2019. 16 State of California Energy Commission. 2018. California Energy Demand 2018-2030 Revised Forecast - Figure 49: Historical and Projected Baseline Consumption, SCE Planning Area . 6.k Packet Pg. 397 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 62 October 2020 consumed 5,156 million therms of natural gas.17 The Project’s increased demand represents approximately 0.007 percent of natural gas consumption the County and 0.0007 percent of SoCalGas’ consumption. Therefore, the natural gas demand from the proposed Project would represent a nominal percentage of overall demand in SoCalGas’ service area. The Project would comply with all regulatory agency standards and natural gas appliances are regulated by the 2019 Building Energy Efficiency Standards which prohibits the use of continuously burning pilot lights. The proposed Project would not result in a significant impact due to wastefu l, inefficient, or unnecessary consumption of energy resources, during Project construction or operation. Fuel Less than Significant. During construction, transportation energy use depends on the type and number of trips, vehicle miles traveled, fuel effi ciency 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 37,108 gallons of diesel fuel and 10,561 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 customer vehicle trips, employee trips, and delivery trucks. Based on the Project’s vehicle trip generation and emissions modeled in CalEEMod, the Project would c onsume approximately 102,603 gallons of gasoline per year and 61,727 gallons of diesel fuel per year. In 2018, San Bernardino County consumed 892,921,306 gallons of gasoline and 271,487,104 gallons of diesel fuel. The Project’s increased 17 California Energy Commission , California Energy Consumption Database. Available at https://ecdms.energy.ca.gov/, accessed on October 17, 2019. 6.k Packet Pg. 398 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 63 October 2020 demand represents an increase of approximately 0.0115 percent of gasoline and 0.227 percent of diesel. 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. Based on the analysis in the preceding discussion, the proposed Project will not conflict with current State energy efficiency or electricity supply requirements or any local plans or programs for renewable energy or energy efficiency requirements. The City of San Bernardino has adopted State energy efficiency standards as part of its Municipal Code. Project design and operation would comply with State Building Energy Efficiency Sta ndards, appliance efficiency regulations, and green building standards. Project development would not cause inefficient, wasteful and unnecessary energy consumption, and no impact would occur. 6.k Packet Pg. 399 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 64 October 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 and a Percolation/Infiltration Testing have been prepared by Sladden Engineering, dated June 29, 2020. The Geotechnical Investigation was used as a resource in completing this section. The report is available in Appendix C to this IS/MND. 6.k Packet Pg. 400 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 65 October 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 .18 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 most significant geologic hazard to the Project site is the potential for moderate to severe seismic shaking that is likely to occur during the design life of the Project. The proposed Project is located in the highly seismic Southern California region within the influence of several fault systems that are considered to be active or potentially active. An active fault is defined by the State of California as a “sufficiently active and well-defined fault” that has exhibited surface displacement within the Holocene epoch (about the last 11,000 years). A potentially active fault is defined by the State as a fault with a history of movement within Pleistocene time (between 11,000 and 1.6 million years ago). Table 10, Seismic Source Summary Table, lists the closest known potentially active faults. The table does not identify the probabil ity of reactivation or the on-site effects from earthquakes occurring on any other faults in the region. Table 10: Seismic Source Summary Table Fault Name Closest Distance (Miles) Fault Mechanism Deterministic Magnitude San Jacinto <2.0 Strike Slip 6.7 Southern San Andreas 2.71 Strike Slip 7.5 Cucamonga 7.12 Reverse 6.9 Cleghorn 10.48 Strike Slip 6.5 North Frontal (West) 16.11 Reverse 7.2 San Jose 31.09 Strike Slip 6.4 Chino 39.17 Strike Slip 6.8 Source: Sladden Engineering. June 29, 2020. Geotechnical Investigation. Measures included to address groundshaking can include wider foundations, over -excavation, and structural changes to the building(s). Consistent with Section 15.08, a geotechnical investigation was conducted which addressed the potential for liquefaction. City standard project development review process will require that the Project grading and building plans reflect recommendations from the required geotechnical and soils studies. 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 18 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 July 8, 2020. 6.k Packet Pg. 401 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 66 October 2020 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 Municipal Code requires that a Registered Civil Engineer prepare a report and include mitigation measures for the proposed Project, if applicable. (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. Table 10, Seismic Source Summary Table, shows a list of nearby faults. An Alquist-Priolo Fault Zone is not shown to be near the Project.19 Because southern California is an active fault zone, all structures are subject 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. The Project site has been subject to past ground shaking by fault s that traverse through the region. The Project site is in an area of high regional seismicity and strong seismic shaking from nearby active faults is expected to produce strong seismic shaking during the design life of the proposed Project . A site-specific approach determined the peak ground acceleration (PGAm) at the site to be 0.934g.20 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 desig n 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? No Impact. According to the City’s General Plan Figure S-5, Liquefaction Susceptibility, the Project site contiguous to a general area designated as an Area of High Liquefaction Susceptibility (AHLS). Although the site is next to an AHLS area, the geotechnical investigation has reviewed readily available groundwater elevation data from the California Department of Water Resources. The reported depth to groundwater in the Project vicinity is summarized in Table 11. 19 and 21 Sladden Engineering. June 29, 2020. Geotechnical Investigation, Page 4. 6.k Packet Pg. 402 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 67 October 2020 Table 11: Depth to Groundwater Station Code Date GW Depth (Ft.) Distance/Direction 342060N1173880W001 11/28/2011 115.3 1.6 MILES / NORTHWEST 341730N1173520W001 5/13/2013 217.9 1.4 MILES / SOUTHEAST 341730N1173520W002 5/13/2013 217.5 1.4 MILES / SOUTHEAST Source: Sladden Engineering. June 29, 2020. Geotechnical Investigation. Based on the dense nature of the alluvial materials underlying the site and the fact that groundwater was not encountered to a depth of 33 feet , the geotechnical analysis determined that the risks associated with liquefaction should be considered ”negligible .” Based on the geotechnical study findings, no mitigation is required and no impact would occur. iv) Landslides? No Impact. The Project site is relatively flat and is not within an area susceptible to landslides.21 Additionally, no signs of slope instability in the form of landslides, rockfalls, earthflows or slumps were observed at or near the Project site. Based on geotechnical field observations of the site vicinity, risks associated with slope instability should be considered ”low .” 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. According to the geotechnical study, the Project site is composed of gravelly loamy sand. Grading has the potential to expose soils that would be subject to erosion by wind and water.22 The following General Plan policies require measures to reduce 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: 21 General Plan. 2005. Geology and Soils, Figure S-7. 22 Natural Resources Conservation Resource. 2020. Web Soil Survey. Available at https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx, accessed July 8, 2020. 6.k Packet Pg. 403 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 68 October 2020 • 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; • 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 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 other 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 completely 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 designees, 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 charg es incurred for the services of the contractor shall be paid to the City by the permittee prior to acceptance of the grading.” 6.k Packet Pg. 404 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 69 October 2020 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 Project , this would minimize potential erosion from the site over the short- and long‐term resulting in a less than significant impact. (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 colla pse? Less than Significant. As previously stated in Threshold 7(a)(iii), the Project site is located next to an area identified as AHLS.23 As most of the City of San Bernardino, the Project site is 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.24 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. Additionally, no signs of slope instability in the form of landslides, rockfalls, earthflows or slumps were observed at or near the Project site. Based on the geotechnical field observations of the site vicinity, risks associated with slope instability should be considered ”low .” Additionally, as noted above in Response 7(a)(iii), the potential for liquefaction is negligible as is 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 and the chance for collapse 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 thos e 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 geotechnical study laboratory testing, the soil expansive index (EI) is zero. The materials underlaying the site are considered to be “non expansive” and the risk of structural damage caused by volumetric changes in the subgrade soil is considered low. Furthermore, the proposed Project would be required to be in conformance with the most recently published CBC. 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. 23 General Plan. 2005. Figure S-5, Liquefaction Susceptibility. 24 General Plan. 2005. Figure S-6, Potential Subsidence Areas . 6.k Packet Pg. 405 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 70 October 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. The geologic units underlying this Project are mapped primarily as alluvial sand and gravel deposits dating from the Holocene period, with a small segment of Mesozoic schist along the southern Project border. Schist is considered to be of low paleontological sensitivity, and while Holocene alluvial units are considered to be of high preservation value, material found is unlikely to be fossil material due to the relatively modern associated dates of the deposits. However, if development requires any substantial depth of disturbance, the likelihood of reaching Pleistocene alluvial sediments would increase. The Western Science Center (WSC) does not have localities within the Project area or within a 1-mile radius. While the presence of any fossil material is unlikely, if excavation activity disturbs deeper sediment dating to the earliest parts of the Holocene or Late Pleistocene periods, the material could be scientifically significant. Excavation activity associated with the development of the Project area is unlikely to be paleontologically sensitive, but caution during development should be observed, pursuant to MM GEO-1 below. According to the Cultural Resources Assessment, the entirety of the Project site has been subject to ground disturbance. The Western Science Center (WSC) determined that the Project site is of low paleontological sensitivity (see Appendix B, Paleontological Resources Assessment to the Cultural Resources Assessment also available as Appendix B to this Initial Study). While the presence of any fossil material is unlikely, if excavation activity disturbs deeper sediment dating to the earliest parts of the Holocene or Late Pleistocene periods (i.e., usually deeper than 5 feet), the material would be scientifically significant. Therefore, MM GEO-1 requires paleontological resource monitoring to recover fossil resources should the y 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 vicinity of the discovery shall immediately halt, the City shall be notified, and a qualified 6.k Packet Pg. 406 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 71 October 2020 paleontologist shall 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, and upon recommendation of the paleontologist and approval by the City, the fossils shall be quickly and professionally recovered using appropriate recovery techniques based on the type, size, and mode of preservation of the unearthed fos sil. 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 continue to 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 associ ated field notes, photographs, and compiled fossil locality data. For projects in San Bernardino County the recommended designated repository is the San Bernardino County Museum. 5) A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. This report shall be submitted to City of San Bernardino, and designated repository. 6.k Packet Pg. 407 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 72 October 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 CO 2 equivalents (CO2e)25. 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 potent ial 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. 25 A carbon dioxide equivalent (CO2e) is a metric measure used to compare the emissions from various greenhouse gases based upon their global warming potential. 6.k Packet Pg. 408 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 73 October 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 19 90 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 developmen t project would have a substantial effect on global climate change. GHG emissions from 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 basi s from which to apply mitigation measures. This means that each agency is left to determine 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)). 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 do cuments. As of the last Working Group meeting (Meeting 15) held in September 2010, the SCAQMD is 6.k Packet Pg. 409 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 74 October 2020 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 excl udes 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 cumulat ive 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 truck stop with associated fueling station and other commercial amenities the 3,000 MTCO2e per year non-industrial screening threshold has been selected as the significance threshold, as it is most applicable to the proposed project. Short-Term Construction GHG Emissions The Project would result in direct emissions of GHGs from construction. The approximat e quantity of daily GHG emissions generated by construction equipment utilized to build the Project is depicted in Table 12, Construction GHG Emissions. Table 12: Construction GHG Emissions Category CO2e Emissions, metric tons/year Total Construction Emissions 469.9 Emissions amortized over 30 years 15.66 Source: CalEEMod version 2016.3.2. Refer to Appendix A for model outputs. As shown, the Project would result in the generation of approximately 469.9 MTCO2e over the course of construction. Construction GHG emissions are typically summed and amortized over the lifetime of the Project (assumed to be 30 years), then added to the operational emissions26. 26 The project lifetime is based on the standard 30-year assumption of the South Coast Air Quality Management District (South Coast Air Quality Management District, Minutes for the GHG CEQA Significance Threshold Stakeholder Working Group #13, August 26, 2009). 6.k Packet Pg. 410 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 75 October 2020 The amortized Project construction emissions would be 15.66 MTCO2e per year. Once construction is complete, the generation of these GHG emissions would cease. Long-Term Operational GHG Emissions Operational or long-term emissions occur over the life of the Project. GHG emissions would result from direct emissions such as Project generated vehicular traffic, on-site combustion of natural gas, and operation of any landscaping equipment. Operational GHG emissions would also result from indirect sources, such as off-site generation of electrical power, the energy required to convey water to, and wastewater from the Project, the emissions associated with solid waste generated from the Project, and any fugitive refrigerants from air conditioning or refrigerators. Table 13: Operational GHG Emissions Emissions Source CO2e Emissions, metric tons/year Area 0.001 Energy 375.89 Mobile 2,388.00 TRU 28.58 Waste 41.99 Water 20.70 Amortized Construction Emissions 15.66 Total Annual Project GHG Emissions 2,870.81 Threshold 3,000 Exceeds Threshold? Yes Source: CalEEMod version 2016.3.2. Refer to Appendix A for model outputs. Transportation Refrigeration Unit (TRU) emissions are based on CARB OFFROAD 2017 rates and conservatively assume 50 percent of all trucks would have TRUs. Note: Total values are from CalEEMod and may not add up 100% due to rounding. Total GHG emissions associated with the Project are summarized in Table 13, Operational GHG Emissions, including emissions from transport refrigerati on units (TRU). As shown in Table 13, the Project would generate approximately 2,870.81 MTCO2e annually from both construction and operations and the Project-related GHG emissions. Therefore, the proposed project’s total GHG emissions would not exceed the threshold of 3,000 MT CO2e/year and thus would result in a less than significant impact. (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 proposed Project would comply with the SCAQMD’s interim GHG threshold. The proposed Project would comply with the 6.k Packet Pg. 411 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 76 October 2020 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 3,000 MTCO2e 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 September 3, 2020, SCAG’s Regional Council adopted Connect SoCal (2020 - 2045 Regional Transportation Plan/Sustainable Communities Stra tegy [2020 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. 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 14, Regional Transportation Plan/Sustainable Communities Strategy Consistency . 6.k Packet Pg. 412 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 77 October 2020 Table 14: Regional Transportation Plan/Sustainable Communities Strategy Consistency SCAG Goals Compliance GOAL 1: Encourage regional economic prosperity and global competitiveness. N/A: This is not a project-specific policy and is therefore not applicable. GOAL 2: Improve mobility, accessibility, reliability, and travel safety for people and goods. Consistent: Although this Project is not a transportation improvement project, the Project is located along I- 215 and would serve vehicles passing through the area. GOAL 3: Enhance the preservation, security, and resilience of the regional transportation system. N/A: This is not a transportation improvement project and is therefore not applicable. GOAL 4: Increase person and goods movement and travel choices within the transportation system. Consistent: This is not a transportation improvement project and is therefore not applicable. However, the Project includes a travel center that would support existing regional transportation and serve goods movement. GOAL 5: Reduce greenhouse gas emissions and improve air quality. Consistent: Location of the project is within a developed area along I-215 and would serve existing vehicles on the roadway network. The Project would reduce the need to travel further away from the freeway for services, thereby reducing trip lengths, which would reduce GHG and air quality emissions. GOAL 6: Support healthy and equitable communities Consistent: As discussed in the Air Quality Assessment and the Health Risk Assessment, the Project would not exceed thresholds or result in health impacts. The Project is located on a site that is zoned General Industrial and would not conflict with the surrounding community’s ability to access healthy food or parks. GOAL 7: Adapt to a changing climate and support an integrated regional development pattern and transportation network. N/A: This is not a project-specific policy and is therefore not applicable. GOAL 8: Leverage new transportation technologies and data-driven solutions that result in more efficient travel. N/A: This is not a transportation improvement project and is therefore not applicable. However, the Project is located along I-215 in proximity to existing truck routes and freeways. Location of the project within a developed area would reduce trip lengths, which would result in more efficient travel. GOAL 9: Encourage development of diverse housing types in areas that are supported by multiple transportation options. N/A: The Project involves development of a fueling station and restaurants and does not include housing. The Project is located within a relatively short walking distance to local bus routes. GOAL 10: Promote conservation of natural and agricultural lands and restoration of habitats. N/A: This the Project is located on a site adjacent to I-215 and is not located on agricultural lands. Source: Southern California Association of Governments, Regional Transportation Plan/Sustainable Communities Strategy, 2020. The goals stated in the RTP/SCS were used to determine consistency with the planning efforts previously stated. As shown in Table 14, 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 6.k Packet Pg. 413 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 78 October 2020 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 reducin g GHGs (CO2, 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 Pla n 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. These 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 policies 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 15, 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. Table 15: 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. 6.k Packet Pg. 414 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 79 October 2020 Scoping Plan Sector Scoping Plan Measure Implementing Regulations Project Consistency 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. 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 6.k Packet Pg. 415 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 80 October 2020 Scoping Plan Sector Scoping Plan Measure Implementing Regulations Project Consistency 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 Building Code Standards Consistent. The State is to increase the use of green building practices. The Project would implement required green building strategies 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 Title 24 Part 11 California Green Consistent. The Project would not conflict with implementation of these measures. The 6.k Packet Pg. 416 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 81 October 2020 Scoping Plan Sector Scoping Plan Measure Implementing Regulations Project Consistency Recycling and Waste Management Building Code Standards 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 levels 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. 6.k Packet Pg. 417 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 82 October 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 Methane and Hydrogen Sulfide Potential The review of aerial photographs identifies the Project site as being undeveloped as early as 1995. 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. 6.k Packet Pg. 418 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 83 October 2020 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. According to the United States Environmental Protection Agency (EPA), the Project site is located in Zone 2. Zone 2 areas have a predicted radon concentration between 2.0 to 4.0 pCi/L. Fire Hazard The City of San Bernardino is susceptible to wildland fires due to the steep ter rain 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. According to General Plan Figure S-8, Wind Hazards, the Project site is subject to high winds. However, according to General Plan Figure S-9, Fire Hazard Areas, 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).27 (a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less than Significant with Mitigation. 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, 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) 27 General Plan. 2005. S-8 and S-9, Wind Hazards and Fire Hazard Areas. 6.k Packet Pg. 419 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 84 October 2020 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 B MPs. Additionally, the Project site is vacant and not included on the list of hazardous waste sites (Cortese 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.28 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 Project operations would 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 material 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. The Project is anticipated to handle more hazardous materials or extremely hazardous materials than the amount specified for a permit/business plan and the Project would comply to MM HAZ-1. For the City of San Bernardino, the CUPA is the San Bernardino County Fire Department (SBCFD), Hazardous Materials Division which also manages the following hazardous waste programs: • Hazardous Materials Release Response Plans and Inventory • California Accidental Release Program • 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. MM HAZ-1 Prior to building permit, the Project will obtain a hazardous material permit and will submit a business plan to the local CUPA which is the SBCFD. 28 Department of Toxic Substances Control (DTSC) EnviroStor. 2019. Hazardous Waste and Substances Site List. Available at: https://www.envirostor.dtsc.ca.gov/public/map/?global_id=36990002. Accessed on July 9, 2020 6.k Packet Pg. 420 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 85 October 2020 (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. No structures exist onsite. No demolition of any existing structures would occur. As such, no demolitions hazardous building materials are anticipated to occur onsite. As noted above, the Project site is not part of a hazardous/spill site as noted by EnviroStor. As such, the potential for the creation of a significant hazard to the public or the environment is low. Therefore, the Project would have a less than significant impact. (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. The nearest school is Bob Holcomb Elementary School, located approximately 3.0 miles east. As discussed above in Responses (a) and (b), the Project is not anticipated to generate significant hazardous materials impacts. As discussed in Air Quality, Response 3(c), the Project’s Health Risk Assessment determined that the Project will not impact nearby sensitive receptors . Therefore, the Project would have a less than significant impact. (d) Be located on a site which is included on a list of hazard ous 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 EnviroStor list of hazardous waste sites (Cortese List) compiled by the DTSC pursuant to Government Code §65962.5. Therefore, the Project would have no impact.29 (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 Project site is not within an airport land use plan. The nearest airport is the San Bernardino International Airport which is located approximately 9.5 miles southeast. Additionally, the Project would be consistent with MC §19.20.015 Noise Standards. Therefore, 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 29 DTSC. 2020. EnviroStor – Hazardous Waste and Substance Site List. Available at https://www.envirostor.dtsc.ca.gov/public/search.asp?cmd=search&reporttype=CORTESE&site_type=CSITES,OPEN,FUDS,CLOSE&status=AC T ,BKLG,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST. Accessed July 20, 2020. 6.k Packet Pg. 421 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 86 October 2020 Plan would be required as a result of the proposed Project. Additionally, San Bernardino County Consolidated Fire District (SBCFD) is responsible for planning eme rgency 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 s treets that connect to the major freeways, including 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 during construction and operations, which would continue to ensure that various evacuation routes are accessible. 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. Refer to Section 2.0, Project Description for a detailed description. All driveways would allow for emergency vehicle ingress and egress. However, an additional gated entrance with a knock box would be located along the west access road/Industrial Parkway. 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, although the Project site is approximately 1.5-miles and 3.0-miles from the nearest Moderate Fire Hazard Area (MFHA) and the Extreme Fire Hazard Area (EFHA) areas, respectively, the Project site is not mapped for fire risk. Fire hazard areas are located predominately in the foothills of the San Bernardino Mountains to the north and west. 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. 6.k Packet Pg. 422 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 87 October 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 Kimley-Horn and Associates, dated July 2020, for the proposed Project. These technical studies are included in Appendix D and Appendix E, respectively, of this Initial Study and the results are summarized herein. Water Providers The San Bernardino Valley Water Management District (SBVWMD) prepared the Urban Water Management Plan (Plan) which is a tool that provides a summary of anticipated supplies and 6.k Packet Pg. 423 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 88 October 2020 demands for the years 2015 to 2040. This document was prepared for various agencies within the SBVMWD service area, including the City of San Bernardino Municipal Water Department (SBMWD). Groundwater 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 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. 30 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 provides 100 percent of water 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. Flooding According to the Federal Emergency Management Administration (FEMA) Flood Insurance Rate Map (FIRM) Panel 06071C7930J, 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.31 Hydrology The Project proposes two infiltration basins and two underground infiltration chambers. The two underground infiltration chambers would treat the storm water runoff, following the current NPDES General Permit. There will be no off-site drainage conveyed through the site. Using the storage capacity of the infiltration basins, the proposed development is not expected to generate additional run-off downstream for storms up to the 100-year condition when compared to the existing condition. 30 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. 31 FEMA. 2020. FEMA Flood Map Service Center: Search By Address. Available at https://msc.fema.gov/portal/search?AddressQuery=turlock%2C%20ca#searchresultsanchor, accessed July 10, 2020. 6.k Packet Pg. 424 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 89 October 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 grading, paving, 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 improvements will be provided along Kendall Drive, Palm Avenue, and Industrial Parkway, such as sidewalks, and new curb, gutters. At this time there is no intended utility work with exception of new connections to existing underground utilities. Additionally, three retention basins are proposed as part of the Project to catch runoff for infiltration purposes. 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 Associated 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 li mited 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. 6.k Packet Pg. 425 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 90 October 2020 Operations Existing site drainage appears to be controlled via sheet flow and surface infiltration. 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 protection of any downstream waterbody segments with Complete Hydrologic Conditions of Concern (HCOC). As noted on Table 16, Non-Structural Source Control BMPs, non-structural and structural source control BMPs are required to be incorporated into all new development and significant redevelopment projects. 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 16 below, and the following Table 17, Structural Source Control BMPs. Table 16: 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 Owner shall familiarize him/herself with the contents of this WQMP and furnish copies of BMP factsheets to all future tenants. As necessary Activity Restrictions Owner The types of activities allowed within the Project will be limited to those allowed by the City of San Bernardino codes, regulations, and zoning ordinances. N/A Landscape Management Owner Landscape crews contracted shall inspect irrigation system and health of landscaping and shall report all repairs or problems to owner. Routine landscaping maintenance shall be done according to CASQA SC-73 fact sheet. Ongoing BMP Maintenance Owner See Section 5 of WQMP. Ongoing Title 22 CCR Compliance (How development will comply) Owner Hazardous Wastes as defined by Title 22 CCR will be managed in accordance with the County Environmental Health department. Ongoing Local Water Quality Ordinances Owner/Tenant Owner shall ensure activities at the site comply with the City’s stormwater Ordinance through the implementation of BMP’s included in this report. Ongoing 6.k Packet Pg. 426 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 91 October 2020 BMP Responsible Party(s) Inspection/Maintenance Activities Required Minimum Frequency of Activities Spill Contingency Plan Owner/Tenant Any spills of chemicals shall be properly cleaned up and the waste properly disposed of per all State, County, and Local requirements. See SC-11 of the WQMP. Prior to Construction Underground Storage Tank Compliance Owner Owners to abide by the State, County, and Local Environmental Health Department and local utility regulations. Ongoing Hazardous Materials Disclosure Compliance Owner Owners to abide by respective fire protection agency regulations for the management of hazardous materials. Ongoing Uniform Fire Code Implementation Owner As required per San Bernardino County/City of San Bernardino Fire Department. Prior to Occupancy Litter/Debris Control Program Owner/Tenant A program shall be implemented to pick up litter, sweep and clean the trash enclosure on a weekly basis. Owner shall ensure tenants contract with a refuse company to have dumpsters emptied on a weekly basis, at a minimum. Parking lot will be maintained by the Owner/Tenants As Needed Employee Training Owner Owner shall establish an educational program for site employees and contractors to inform and train personnel engaged in maintenance activities. Annually Housekeeping of Loading Docks Owner/Tenant No loading docks are proposed. N/A Catch Basin Inspection Program Owner/Tenant/ Owner’s Designee On-site catch basin shall be inspected monthly during rainy season (October-May) and before and after each storm event to ensure proper operation. Monthly Inspection Vacuum Sweeping of Private Street and Parking Lots Owner/Tenant Parking lots shall be swept weekly by a contractor provided by the owner. Monthly Comply with all other applicable NDPES permits Owner All required application NPDES permits will be obtained by the contractor including filing an NOI, SWPPP and obtaining a WDID # prior to the start of construction. Prior to Construction Source: Kimley-Horn. July 2020. Water Quality Management Plan. (See Appendix E) Table 17: 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 at all proposed inlets. Annually Design and construct outdoor material storage areas to reduce pollution introduction (CASQA New Owner Outdoor storage areas will be self-contained. N/A 6.k Packet Pg. 427 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 92 October 2020 BMP Responsible Party(s) Inspection/Maintenance Activities Required Minimum Frequency of Activities Development BMP Handbook SD-34) Design and construct trash and waste storage areas to reduce pollution introduction (CASQA New Development BMP Handbook SD-32) Owner All dumpsters shall have working lids which shall be kept closed at all times. Trash enclosure shall comply with CASQA SD-32 and shall be enclosed and have a roof. Ongoing 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 Efficient irrigation systems, drought-tolerant landscape design, and water conservation methods have been included in the landscape design for the site. Ongoing Finish grade of landscaped areas at a minimum of 1-2 inches below top of curb, sidewalk, or pavement Owner Finish grade of landscape areas is depressed 1-2 inches (min) below top of curb, sidewalk, or pavement. During Construction Protect slopes and channels and provide energy dissipation (CASQA New Development BMP Handbook SD-10) Owner Proposed slopes will be landscaped to provide energy dissipation. Construction Covered dock areas (CASQA New Development BMP Handbook SD-31) N/A No loading docks are proposed. N/A Covered maintenance bays with spill containment plans (CASQA New Development BMP Handbook SD-31) Owner Repair/maintenance bays will be indoors. Repair/maintenance bay drainage system will capture all wash water, leaks and spills. Impermeable berms, drop inlets, trench catch basins, or overflow containment structures around repair bays will be constructed to prevent spilled materials and washdown waters from entering the storm drain system. Connect drains to a sump for collection and disposal. See SD-31 of the WQMP. Ongoing Vehicle wash areas with spill containment plans (CASQA New Development BMP Handbook SD-33) Owner Vehicle wash areas will be self-contained or covered with a roof or overhang, equipped with a wash rack and clarifier or other pretreatment facility. See SD-33 of the WQMP. Ongoing Covered outdoor processing areas (CASQA N/A No outdoor processing areas. N/A 6.k Packet Pg. 428 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 93 October 2020 BMP Responsible Party(s) Inspection/Maintenance Activities Required Minimum Frequency of Activities New Development BMP Handbook SD-36) Equipment wash areas with spill containment plans (CASQA New Development BMP Handbook SD-33) N/A No Outdoor equipment. N/A Fueling areas (CASQA New Development BMP Handbook SD-30) Owner Fuel dispensing areas will extend 6.5 feet (2.0 meters) from the corner of each fuel dispenser, or the length at which the hose and nozzle assembly may be operated plus 1 foot (0.3 meter), whichever is less. The fuel dispensing area will be paved with Portland cement concrete (or equivalent smooth impervious surface). The fuel dispensing area will have an appropriate slope (2 percent - 4 percent) to prevent ponding and will be separated from the rest of the site by a grade break that prevents run-on of stormwater. An overhanging roof structure or canopy will be provided. The cover’s minimum dimensions must be equal to or greater than the area of the fuel dispensing area in the first item above. The cover will not drain onto the fuel dispensing area and the downspouts will be routed to prevent drainage across the fueling area. The fueling area will drain to the project’s Treatment Control BMP(s). See SD-30. Ongoing Hillside landscaping (CASQA New Development BMP Handbook SD-10) N/A No hillside areas. N/A Wash water control for food preparation areas Owner/Tenant Water wash control for food preparation has been included in building design. Onsite restaurants will have either contained areas or sinks, each with sanitary sewer connections for disposal of wash waters containing kitchen and food wastes. If located outside, the contained areas or sinks shall also be structurally covered to prevent entry of stormwater. Adequate signs shall be provided and appropriately placed stating the prohibition of discharging wash water to the storm drain system. Ongoing Community car wash racks (CASQA New Development BMP Handbook SD-33) N/A No community carwash racks. N/A Source: Kimley-Horn. July 2020. Water Quality Management Plan. (See Appendix E) 6.k Packet Pg. 429 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 94 October 2020 With compliance with the recommended BMPs, water quality impacts associated with 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 19(b), which notes the anticipated domestic water use from the proposed Project. The SBMWD obtains its water supply from the Bunker Hill Groundwater Basin. The proposed Project does not include new potable groundwater wells. The proposed Project includes construction and operation of a proposed 14,000 square foot travel center building, 4,500-square-foot fast-food restaurant, and fueling facilities, with associated commercial landscaping, concrete hardscape, asphalt paving parking, outdoor seating, a certified truck scale, and driver outdoor areas, which would result in additional impervious surfaces on site. However, the grading for the proposed development will maintain the natural flow pattern of the existing site, draining in the southwest direction to the maximum extent possible. In the proposed condition storm water will drain into a proposed infiltration basin or the underground infiltration chamber systems before overflowing into a proposed storm drain system that will route drainage into the existing 24” storm drainpipe located southwest of the Project site. The proposed Project includes two infiltration basins and two underground infiltration chambers for stormwater mitigation and treatment. Once the infiltration basins and underground chamber systems exceed their capacity, they will overflow into a storm drain system that will route stormwater flows into the existing 24” storm drainpipe located southwest of th e Project site. The “Infiltration BMP Feasibility” section 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. As such, the proposed Project would not significantly impact groundwater recharge because the proposed infiltration basins would adequately recharge groundwater.32 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. As shown in Exhibit 3, Aerial View, and Exhibit 5 Project Site Photos, 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 32 Kimley-Horn. July 2020. Water Quality Management Plan, page 4-14. 6.k Packet Pg. 430 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 95 October 2020 off-site. Additionally, the Project would comply with Policy 9.4.10 (NPDES), Policy 9.4.11 (BMPs), and BMP Inspection and Maintenance, of the General Plan 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. As noted above, the site does not include any streams or rivers which could be altered by the proposed Project. The development of the existing vacant site into the proposed Project will not create any adverse impacts downstream for storm events up to the 100-year storm. There will not be an increase in the existing discharge from the site in both the 10-year and 100-year storm events due to the proposed infiltration basins and the two underground infiltration chamber systems. All water from the proposed Project will sheet flow through the site and be routed into either the infiltration basin or the underground infiltration chamber systems to mitigate the increase in flows expected from the Project site while allowing stormwater to be treated through infiltration. Under existing conditions, the Project site is composed of one drainage area (DA -1) with an existing runoff volume of 5.97 -acre feet. The post-development drainage areas are comprised of 4 drainage areas (DA-1, DA-2A, DA-2B, and DA-3. The proposed infiltration basins and underground infiltration chamber systems BMP -1, BMP-2, and BMP-3 were sized to treat the design capture volume (DCV) and required retention volume to meet H ydrologic Conditions of Concern (HCOC) requirements for water quality purposes and to provide stormwater mitigation for storm events up to the 100-year event for the site. When comparing the required DCV (43,460 c.f.) and the retention volume required to meet HCOC requirements (83,221 c.f.), versus the increase in 100-year runoff volume (40,075 c.f.), the HCOC volume governed. Therefore, the proposed infiltration basin (BMP-2) and the proposed underground infiltration chamber systems (BMP-1 and BMP-3) were sized to provide volume storage to meet HCOC requirements, as outlined in the WQMP. Once the infiltration basin and underground infiltration chamber systems exceed their capacity, they will overflow into a storm drain system that will route stormwater flows into the existing 24” storm drainpipe located southwest of the Project site. As shown, t he site will not discharge more runoff than what is being 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. As noted in Response (c)(ii) above and in Appendix D, 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 drainag e facilities. As discussed in Response (a) and (c)(iii) above, the proposed onsite retention basins, infiltration and 6.k Packet Pg. 431 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 96 October 2020 operational BMPs will reduce impacts to less than significant for stormwater runoff water quality pursuant to the WQMP and City Municipal Code requirements. (d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundations? Less than Significant. The Project site is located approximately 60 miles inland from the Pacific Ocean. Given the distance from the coast, the Project site does not have the potential to be inundated by a large, catastrophic tsunami. No steep slopes are in the Project vicinity; therefore, the risk of mudflow is insignificant. Additionally, the Project site is not located in flood path of the Seven Oaks Dam. 33 Moreover, FEMA identifies the Project area as Zone X,34 an area identified as having a 0.2 percent chance of flood. Additionally, the geology study concluded that no signs of flooding or erosion were observed during the field investigation. 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 Groundwate r Basin. The proposed Project does not include any uses which involve potable groundwater wells. Furthermore, the Bunker Hill basin is not currently listed as a critically over-drafted basin or a medium or high priority basin under the State’s Sustainable Groundwater Management Act (SGMA).35 As discussed in Response (b), the Project’s water demand is not otherwise anticipated to result in significant groundwater impacts. As discussed in Response (a) above, the Project is anticipated to result in less than significant water quality impacts, either during construction or operation and would not obstruct implementation of a water quality control plan or sustainable groundwate r management plan. 33 General Plan. 2005. Figure S-2, Seven Oaks Damn Inundation Ma p. 34 FEMA. 2019. FEMA Flood Map Service Center: Search By Address. Available at https://msc.fema.gov/portal/search?AddressQuery=turlock%2C%20ca#searchresultsanchor, accessed July 24, 2020. 35 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) 6.k Packet Pg. 432 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 97 October 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, the parcels have a Commercial General – 1 (CG-1) Zoning district and a Commercial General Plan land use designation. Although the current zoning allows for similar uses as the proposed Project (including an auto service station and fast-food restaurants), current zoning does not allow for a travel center that includes a “truck stop” with overnight parking.36 For this reason, the proposed Project is requesting GPA 20-01, DC 20-02 “zone change,” CUP 20-10, and a Subdivision 20-01 (TMP). The existing General Plan designation is proposed to be amended to Industrial. Similarly, the Zoning district is proposed to be amended to Industrial Light (IL). (a) Physically divide an established community? Less than Significant. As shown in Exhibit 3, Aerial View, the Project site is vacant land that is used as an unpermitted passerby truck parking area. The Project site is not part of an established community. There are no trails, easements, or pathways that traverse the site. The proposed Project site is a privately-owned site that would be contained within the property boundaries and will not alter the existing roadway configuration. Once the proposed Project is fully built, it will generally blend in with the mix of surrounding uses along the I-215 corridor and would not physically divide an established community. Therefore, the proposed Project would have a less than significant impact. 36 TABLE 06.01, COMMERCIAL ZONES LIST OF PERMITTED, DEVELOPMENT PERMITTED, AND CONDITIONALLY PE RMITTED USES, from http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=27144 (accessed August 4, 2020). 6.k Packet Pg. 433 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 98 October 2020 (b) Conflict with any applicable land use plan, policy, or regulation of an agency 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 the travel center Project. 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 an applicable land use plan, policy, or regulation of an age ncy with jurisdiction over the Project. As noted in Table 08.01, Industrial Zones list of Permitted, Development Permitted and Conditionally Permitted Uses, the proposed Project is a conditionally permitted use for the site. With the approval of the requested GPA, zone change and CUP 20-10, the proposed Project would be consistent with site land use and zoning. 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 commercial and 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 aesthetically enhance the site beyond its current barren condition. Land Use 2.5 - Enhance the aesthetic quality of land uses and structures in San Bernardino. ➢ The proposed Project would 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 required. 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 applicable Fire, Police, and School development fees to support existing and future residents and other uses. 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 commercial and 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. 6.k Packet Pg. 434 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 99 October 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 Project site is within an MRZ-2 zone. The General Plan designates MRZ-2 zones as having a high potential for mineral resources.37 However, the California Data Basin for Mineral Resources, which gets its data from the California Geological Survey, does not designate the Project site as site containing mineral resources area.38 Additionally, neither the Project site nor the surrounding area is used for mining purposes. As such, the Project site is not designated for 37 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 July 9, 2020. 38 California Mineral Resources. 2019. Available at: https://databasin.org/maps/new#datasets=f2985196ca6b45cf8f2ad604beb95b34. Accessed on July 9, 2020. 6.k Packet Pg. 435 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 100 October 2020 mineral resource recovery and does not contain any known mineral resources and is not used for mining or mineral production. (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 ge neral 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. 6.k Packet Pg. 436 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 101 October 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 6.k Packet Pg. 437 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 102 October 2020 10 dB as a doubling (or halving) of the sound’s loudness. This relation holds true for sounds o f 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 L max 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 L 10 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 t he 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. 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 6.k Packet Pg. 438 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 103 October 2020 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 City of San Bernardino is impacted by various noise sources. Mobile sources of noise, especially cars and trucks, are the most common and significant sources of noise in most communities. Other sources of noise are the various land uses (i.e., residential, commercial, industrial, and recreational and parks activities) throughout the City that generate statio nary- source noise. 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) Highway Traffic Noise Prediction Model (FHWA-RD-77-108) and existing traffic volumes from the project traffic analysis (prepared by Kimley-Horn, 2020). The noise prediction model calculates the average noise level at specific locations based on traffic volumes, average speeds, roadway geome try, 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 Transporta tion (Caltrans). The Caltrans data indicates that California automobile noise is 0.8 to 1.0 dBA higher than national levels and that medium and heavy truck noise is 0.3 to 3.0 dBA lower than national levels.39 The average daily noise levels along roadway segments in proximity to the project site are included in Table 18, Existing Project Traffic Noise Levels. 39 California Department of Transportation, California Vehicle Noise Emission Levels, 1987. 6.k Packet Pg. 439 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 104 October 2020 Table 18: Existing Project Traffic Noise Levels Roadway Segment ADT dBA CNEL at 100 feet from Centerline of Roadway Palm Avenue, between Hallmark Parkway to Kendall Drive 5,700 60.8 Palm Avenue, between I-215 SB Ramp to I-215 NB Ramp 11,470 63.8 Palm Avenue, between I-215 NB Ramp to Kendall Drive 20,330 66.2 Industrial Parkway, between Palm Avenue and Project Driveway 100 43.1 Palm Avenue, between Hallmark Parkway to Kendall Drive 5,700 60.8 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 F for traffic noise modeling assumptions and results. Source: Kimley-Horn and Associates, 2020. Existing Stationary Noise Sources The primary sources of stationary noise in the Project vicinity are those associated with the I -215 Freeway. The Project site is identified in Figure N-2, Future Roadway Noise Contours of the City of San Bernardino General Plan Noise Element as being located along the 70 CNEL contour. The Project site and surrounding areas are dominated by constant freeway noise. 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 standards 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. 6.k Packet Pg. 440 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 105 October 2020 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)). 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 nois e 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. Short-Term Construction Impacts Construction noise typically occurs intermittently and varies depending on the nature or phase of construction (e.g., land clearing, grading, excavation, paving). Noise generated by construction equipment, including earthmovers, material handlers, and portable generators, can reach high levels. The Project site is located adjacent to the I -215 and is located within the 70 CNEL noise contour40. The nearest sensitive receptors are single-family residence located 1,000 feet to the northeast, on the opposite side of the freeway. Construction noise generated on the Project site is not anticipated to affect exterior noise levels of sensitive receptors. Construction activities would include site preparation, grading, building construction, paving, and architectural coating. Such activities would require graders, scrapers, and tractors during site preparation; graders, dozers, and tractors during grading; cranes, forklifts, generators, tractors, and welders during building construction; pavers, rollers, mixers, tractors, and paving equipment during paving; and air compressors during architectural coating. Typical operating cycles fo r these types of construction equipment may involve 1 or 2 minutes of full power operation followed by 3 to 4 minutes at lower power settings. Other primary sources of acoustical disturbance would be random incidents, which would last less than one minute (such as dropping large pieces of equipment or the hydraulic movement of machinery lifts). Noise generated by construction equipment, including earthmovers, material handlers, and portable generators, can reach high levels. Typical noise levels associated with individual construction equipment are listed in Table 19, Typical Noise Levels Generated by Construction Equipment , for informational purposes. 40 City of San Bernardino, 2005 General Plan , Figure N-2: Future Roadway Noise Contour 6.k Packet Pg. 441 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 106 October 2020 Table 19: Typical Noise Levels Generated by Construction Equipment Equipment Typical Noise Level (dBA) at 50 feet from Source Typical Noise Level (dBA) at 1,000 feet from Source1 Air Compressor 80 54 Backhoe 80 54 Compactor 82 56 Concrete Mixer 85 59 Concrete Pump 82 56 Concrete Vibrator 76 50 Crane, Derrick 88 62 Crane, Mobile 83 57 Dozer 85 59 Generator 82 56 Grader 85 59 Impact Wrench 85 59 Jack Hammer 88 62 Loader 80 54 Paver 85 59 Pneumatic Tool 85 59 Pump 77 51 Roller 85 59 Saw 76 50 Scraper 85 59 Shovel 82 56 Truck 84 58 1 Calculated using the inverse square law formula for sound attenuation: dBA 2 = dBA1+20Log(d1/d2) dBA2 = estimated noise level at receptor; dBA1 = reference noise level; d1 = reference distance; d2 = receptor location distance Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, September 2018. The noise levels calculated in Table 20, Project Construction Noise Levels, show estimated exterior construction noise without accounting for attenuation from ex isting physical barriers. The nearest noise sensitive receptors come from the residential community 1,000 feet to the northeast on the opposite side of the I -215. All construction equipment was assumed to operate simultaneously at a construction area nearest to sensitive receptors. These assumptions represent a worst-case noise scenario as construction activities would routinely be spread throughout the construction site further away from noise -sensitive receptors. In addition, noise generated during the construction, paving, and painting stages, which have the potential to occur simultaneously, were added together to provide a composite construction noise level. 6.k Packet Pg. 442 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 107 October 2020 Table 20: Project Construction Noise Levels Construction Phase Modeled Exterior Construction Level at Nearest Sensitive Receptor dBA Leq dBA Lmax Site Preparation 61.6 58.0 Grading 60.9 59.0 Construction/Paving/Painting 63.9 59.0 Source: Refer to Appendix f for construction noise modeling assumptions and results. As shown in Table 20, unobstructed construction noise levels could reach 63.9 dBA at the nearest existing sensitive receptors in the vicinity. However, the residential units located to the northeast are located on the opposite side of the I-215 and do not possess a line-of-sight with the Project, since the line of sight is obstructed by commercial businesses and the freeway overpass. Construction equipment would operate throughout the Project site and the associated noise levels would not occur at a fixed location for extended periods of time. Construction noise would be acoustically dispersed throughout the Project site and will be masked by roadway and freeway noise. The City of San Bernardino Municipal Code does not establish quantitative construction noise standards. Instead, the City has established allowable hours of construction (between the hours of 7:00 AM and 8:00 PM). The anticipated 63.9 dBA is below the residential exterior standard. Therefore, as construction would occur during the permitted hours, the impact from construction noise would be less than significant level. Long-Term Operational Impacts Implementation of the proposed Project would create new sources of noise in the project vicinity. The major noise sources associated with the project would include the following: • Mechanical equipment (i.e., trash compactors, air conditioners, etc.); • Slow-moving trucks on the Project site, approaching and leaving the fueling areas; • Parking areas (i.e., car door slamming, car radios, engine start-up, and car pass-by); and • Off-Site Traffic Noise. Mechanical Noise The Project is surrounded by commercial and industrial uses. The nearest sensitive receptors to the Project site are the residences 1,000 feet to the northeast of the Project boundaries. Potential stationary noise sources related to long -term operation of the project site would include mechanical equipment. Mechanical equipment (e.g., heating ventilation and air conditioning [HVAC] equipment) typically generates noise levels of approximately 52 dBA at 50 feet.41 At the closest sensitive receptors located approximately 1,000 feet away, mechanical equipment noise would attenuate to 26 dBA. Operation of mechanical equipment would not increase ambient noise levels beyond the acceptable compatible land use noise levels. Therefore, the proposed Project would result in a less than significant impact related to stationary noise levels. 41 Elliott H. Berger, Rick Neitzel, and Cynthia A. Kladden, Noise Navigator Sound Level Database with Over 1700 Measurement Values, July 6, 2010. 6.k Packet Pg. 443 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 108 October 2020 Truck Noise Truck noise during onsite Project operations would be generated by the trucks’ diesel engines, exhaust systems, and brakes during low gear shifting’ braking activities while approaching the truck fueling stations. In addition, the Project would also require deliveries of gasoline, diesel, and supplies for the restaurants and drive-thru restaurants. Typically, heavy truck operations generate a noise level of 68 dBA at a distance of 30 feet. The closest residences are located approximately 1,000 feet to the northeast; therefore, truck noise would attenuate to approximately 37.5 dBA, well below the City’s 65 dBA standard for residential uses. Noise levels associated with trucks and unloading activities would not exceed the City’s standards and impacts would be less than significant. Parking Noise The proposed Project would provide parking for trucks and passenger vehicles. 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, an engine starting up, and car pass -bys range from 60 to 63 dBA would attenuate to 37 dBA at the nearest sensitive receptor. 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. Noise levels over time resulting from parking lot activities would be far lower than the reference levels identified above. Parking lot noise would occur within the surface parking lot on-site. It is also noted that parking lot noise occurs at the adjacent properties under existing conditions. Parking lot noise would be consistent with the existing noise in the vicinity and would be masked by background noise from I-215. Noise associated with parking lot activities is not anticipated to exceed the City’s noise standards during operation. Therefore, noise impacts from parking lots would be less than significant. Traffic Noise Impacts Future development generated by the proposed project would result in additional traffic on adjacent roadways, thereby increasing vehicular noise near existing and proposed land uses. Based on the Traffic Impact Analysis, the proposed project would result in approximately 1,579 new daily trips. The Opening Year “2022 Without Project” and “2022 Plus Project” scenarios are compared in Table 21, Opening Year Traffic Noise Levels. As shown in Table 21, roadway noise levels would range from 43.4 dBA to 66.5 under 2022 Without Proj ect conditions and from 54.3 dBA to 66.6 dBA under 2022 Plus Project conditions. The highest noise levels would occur along Palm Avenue, between the I -215 northbound ramps and Kendall Drive. As shown in Table 21, project-generated traffic would result in a maximum increase of 10.9 dBA. Although the increase in traffic noise on Industrial Parkway will be noticeable (i.e., a greater than 3.0 dBA increase), traffic noise will not exceed the 70 dBA Land Use Compatibility Standard for commercial or industrial uses. Noise impacts from off-site traffic would be less than significant. 6.k Packet Pg. 444 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 109 October 2020 Table 21: Opening Year Traffic Noise Levels Roadway Segment 2022 Without Project 2022 With Project Change Significant Impacts ADT dBA CNEL at 100 feet from Roadway Centerline ADT dBA CNEL at 100 feet from Roadway Centerline Palm Avenue, between Hallmark Parkway to Kendall Drive 6,247 61.2 7,979 62.2 0.1 No Palm Avenue, between I-215 SB Ramp to I-215 NB Ramp 12,369 64.1 14,983 64.9 0.8 No Palm Avenue, between I-215 NB Ramp to Kendall Drive 21,768 66.5 22,036 66.6 0.1 No Industrial Parkway, between Palm Avenue and Project Driveway 106 43.4 1,317 54.3 10.9 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. Source: Kimley-Horn and Associates, Traffic Impact Study, 2020. (See Appendix G) The Horizon Year “2040 Without Project” and “2040 Plus Project” scenarios were also compared. As shown in Table 22, Horizon Year Traffic Noise Levels, roadway noise levels would range from 43.4 dBA to 66.7 dBA under 2040 Without Project conditions and from 54.3 dBA to 66.7 dBA under 2040 Plus Project conditions. The highest noise levels would occur along Palm Avenue, between the I-215 northbound ramps and Kendall Drive. As shown in Table 22, project-generated traffic would result in a maximum increase of 10.9 dBA. Although this increase in traffic noise on Industrial Parkway will be noticeable (i.e., a greater than 3.0 dBA increase), traffic noise will not exceed the 70 dBA Land Use Compatibility Standard for commercial or industrial uses. Noise impacts from off-site traffic would be less than significant. Table 22: Horizon Year Traffic Noise Levels Roadway Segment 2040 Without Project 2040 With Project Change Significant Impacts ADT dBA CNEL at 100 feet from Roadway Centerline ADT dBA CNEL at 100 feet from Roadway Centerline Palm Avenue, between Hallmark Parkway to Kendall Drive 11,240 63.7 12,972 64.4 0.7 No Palm Avenue, between I-215 SB Ramp to I-215 NB Ramp 15,240 65.0 17,854 65.7 0.7 No Palm Avenue, between I-215 NB Ramp to Kendall Drive 22,320 66.7 22,588 66.7 0.0 No Industrial Parkway, between Palm Avenue and Project Driveway 106 43.4 1,317 54.3 10.9 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. Source: Kimley-Horn and Associates, Traffic Impact Study, 2020. (See Appendix G) 6.k Packet Pg. 445 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 110 October 2020 (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 vibration produced by construction equipment is illustrated in Table 23, Typical Vibration Levels for Construction Equipment. Table 23: Typical Vibration Levels for Construction Equipment Equipment Approximate Peak Particle Velocity at Distance (Inches Per Second) 25 Feet 90 Feet Large Bulldozer 0.089 0.013 Caisson Drilling 0.089 0.013 Loaded Trucks 0.076 0.011 Rock Breaker 0.059 0.008 Jackhammer 0.035 0.005 Small Bulldozer/Tractors 0.003 0.0004 Notes: Calculated using the following formula: PPV equip = 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. The nearest sensitive receptors are the residential uses approximately 1,000 feet to the northeast and the nearest structures, a gas station and restaurant to the east and water storage tank to the south, are approximately 90 feet or more from the active construction zone. Using the calculation shown in Table 23, at 90 feet the vibration velocities from construction equipment would not exceed 0.016 in/sec PPV, which is below the FTA’s 0.20 PPV threshold. It is also acknowledged that construction activities would occur throughout the Project site and would not be concentrated at the point closest to the nearest residential structure. Therefore, vibration impacts associated with the proposed Project would be less than significant. 6.k Packet Pg. 446 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 111 October 2020 (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? Less than Significant. The San Bernardino International Airport is located approximately nine miles southeast of the Project site. There are no other airports within two miles of the project site. Therefore, impacts to the proposed Project relating to airport noise, including from a private airstrip would be less than significant. 6.k Packet Pg. 447 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 112 October 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.42 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 2019.43 The proposed Project involves the development of a new travel center that would include a resting area, convenience store, fast -food restaurant, among other amenities and does not include the construction of new homes or the extension of roads. Therefore, it would not directly induce population growth in the area. The Project would generate temporary construction employment. The California Employment Development Department (EDD) estimates the August 2020 unemployment rate to be over 13 percent in all sectors suggesting that there is an adequate pool of labor to meet the construction needs of the project. In addition, construction workers generally travel from work site to work site and do not relocate for a specific project of average size, such as the Project. The Project would generate operational employment (135 full- and part-time). Projected employment densities for various land uses v ary widely, depending on the location and actual business activities. The unemployment rate in San Bernardino County from 2015 to 2040 will see 42 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 July 9, 2020. 6.k Packet Pg. 448 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 113 October 2020 an approximately 1.3 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 is vacant. No structures exist onsite and no people or housing will be displaced. As a result, the construction of replacement housing would not be necessary. No impact would occur. 6.k Packet Pg. 449 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 114 October 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 #232 at 6065 Palm Ave, located approximately 1,000 feet east, Station #75 at 2852 N. Macy St., located approximately 3.5 miles southeast and Station #227 located at 282 W. 40th St., approximately 4.6 miles east of the Project site. The existing use of the site is a vacant land. The proposed use would be a travel center inclusive of fast-food restaurants among other amenities. Because of the nature of the existing site , compared to the proposed Project, it is anticipated that the proposed Project would generate more calls or need for fire protection services than what is currently provided to the site. However, 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. A standard condition of approval for the proposed Project includes compliance with the requirements of the San Bernardino County Fire Department and the payment of standard City development impact fees, which include a fee for fire service impacts. The proposed Project is not expected to result in activities that create unusual fire protection needs. 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 7.0 miles 6.k Packet Pg. 450 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 115 October 2020 southeast 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 . For the purpose of establishing acceptable levels of service, the Sheriff’s Department strives to maintain a recommended servicing of 1.0 sworn law enforcement personnel for every 820 residents.44 As discussed in Section 14, Response (a), Population and Housing, there will be no population growth associated with the proposed Project. The propose Project is not expected to substantially increase the demand for police protection services. With the payment of the required development impact fees, which include a fee for police service impacts to offset potential demand associated with development, the Project would have a less than significant impact on police protection. (c) Schools? No Impact. As noted in Section 9, Response (C), the nearest school is Bob Holcomb Elementary School, located approximately 3.0 miles east. The proposed Project would not induce population growth, as such the need for the construction of additional school facilities would not be required. 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 students. Therefore, any impacts are considered less than significant. (d) Parks? No Impact. Due to the commercial 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 a facility serving passerby traffic, would not displace any existing park facilities, and would not result in demand on existing recreational facilities . 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 other public facilities would occur from Project implementation. 44 General Plan. 2005. Law Enforcement and Crime Prevention. 6.k Packet Pg. 451 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 116 October 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 15(d), above and 16(b), below. The entire Project site is privately owned. The proposed Project is a truck and auto travel center, would mainly serve passerby traffic, and would not induce population growth or otherwise impact recreational facilities. No impact to recreational facilities are anticipated. (b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. The proposed Project does not involve construction of recreational facilities and would not require recreational facilities. The Project would not introduce population growth and therefore would not increase the use of existing neighborhood and regional parks or other recreational facilities. While overnight parking will be permitted on the site, the parking is limited to trucks, and this is unlikely to include children. In addition, any overnight truck parking would be limited to brief stops during transit and is not intended for recreational parking . No impacts would occur. 6.k Packet Pg. 452 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 117 October 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 This section is based on the Kimley-Horn prepared Traffic Impact Analysis (TIA), date August 2020, provided as Appendix G1; and the VMT and Safety Review, dated August 2020, provided as Appendix G2 to this Initial Study. Existing Street System Regional access to the site is provided primarily by the Interstate 215 (I-215) Freeway, located adjacent to the project site. In addition, the I -15 Freeway and State Route 210 (SR-210) are located approximately 3.5 miles and 4 miles to the west and south of the site, respectively. Historic Route 66 is located approximately 6 miles to the west of the site. The following provides a description of the roadways surrounding the Project site. Palm Avenue is an east-west roadway with 1 to 2 lanes in each direction. Palm Avenue contains a two-way left-turn median lane along project frontage. Within the study area, the posted speed limit is 45 mph and on-street parking is prohibited on both sides. Palm Avenue is designated as a 4-lane Secondary Arterial in the City of San Bernardino Circulation Plan. Hallmark Parkway is a north-south roadway that provides two lanes in each direction and contains a two-way left-turn median lane. The posted speed limit is 50 miles per hour (mph) and on-street parking is prohibited on both sides. Hallmark Parkway is designated as a Secondary Arterial in the City of San Bernardino Circulation Plan. Industrial Parkway is a north-south undivided roadway that provides one lane in each direction. Industrial Parkway will form the west boundary of the project site and will provide dir ect access to the site via one driveway. There is no posted speed limit and no posted parking restriction on 6.k Packet Pg. 453 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 118 October 2020 Industrial Parkway. Industrial Parkway is designated as a Secondary Arterial in the City of San Bernardino Circulation Plan. Kendall Drive west of I-215 is a north-south roadway designated as a Secondary Arterial that provides one lane in each direction, and where on-street parking allowed on both sides of the roadway. East of I-215, Kendall Drive is a north-south roadway with two lanes in each direction and is designated as a Major Arterial. Little League Drive is a north-south roadway that provides one lane in each direction north of Palm Avenue and two lanes in each direction with a two-way left-turn lane south of Palm Avenue. There is no posted speed limit and on-street parking is prohibited on both sides. Little League Drive is classified as a Collector in the City of San Bernardino Circulation Plan. A class II bike lane is provided south of Palm Avenue. Existing Transit Service Transit service to the project area is provided by OmniTrans , which serves the City of San Bernardino and surrounding cities. The OmniTrans bus stops closest to the project site are located at the Palm Avenue Park and Ride facility on Kendall Drive south of Palm Avenue. Descriptions of the bus route serving the Project area are provide d below: OmniTrans Route 2 operates in the City of San Bernardino, traveling along Kendall Drive in the Project vicinity. Route 2 operates on weekdays from approximately 4:30 AM to 10:55 PM with approximately 1-hour headways, Saturdays from approximately 6:05 AM to 9:50 PM with 1-hour headways, and Sundays from approximately 6:30 AM to 8:20 PM with 1-hour headways. 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 traffic. Typically, these facilities are city streets with signage designating the segment as a bike route without additional striping or facilities. 6.k Packet Pg. 454 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 119 October 2020 The following are planning bicycle facilities in the vicinity of the Project site: Cl ass II bicycle facility exists on Kendall Drive, north of I-215. A Class II bicycle facility on Kendall Drive and Palm Avenue along the Project’s northern and eastern frontage roads.45 Pedestrian Facilities The Project site is bounded by Kendall Drive on the north, Palm Avenue on the east, and Industrial Parkway on the south. The Project site does not provide curb and gutter on any of the surrounding roadways. Implementation of the proposed Project would construct pedestrian sidewalk improvements along Project frontage on Palm Avenue and portions of Industrial Parkway and Kendall Drive. 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. Circulation and Site Access The Project site plan presented on Exhibit 6 (previously referenced) indicates that vehicular access provisions for the Project site would consist of three passenger car driveways and one truck driveway. • Driveway 1 – Is a 43’ foot-wide full-movement passenger car driveway located on the existing access road/Industrial Parkway. • Driveway 2 – Is a 35’ foot-wide right-in/right-out passenger car driveway located on Palm Avenue. • Driveway 3 – Is a 36’ foot-wide full-movement passenger car driveway located on Kendall Avenue. • Truck Driveway – Is a 45’ foot-wide full-movement truck-only driveway located on Kendall Drive that would allow access to the truck fueling and truck parking area of the site. The Project plans to provide a 20-foot reciprocal access on Industrial Parkway to the truck fueling area if secondary access to the site’s fuel tanks is required. The project w ould construct pedestrian sidewalk improvements along project frontage on Palm Avenue and portions of Industrial Parkway and Kendall Drive. The Project will provide a total of 121 passenger car parking stalls and 69 truck parking stalls, to be located in the separate truck area of the site. 45 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 July 12, 2020. 6.k Packet Pg. 455 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 120 October 2020 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 2022 Base • Opening Year Base Plus Other Projects • Opening Year Base Plus Other Projects Plus Project Traffic • Future Build-Out 2040 Cumulative • Future Build-Out 2040 Cumulative Plus Project Intersection Analysis 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). A copy of the approved Scope of Study Form is provided in Appendix A of the Traffic Impact Analysis provided as Appendix G of this Initial Study. Intersection LOS is only used as a CEQA significance threshold for locations within the City’s jurisdiction (although SB743 has replaced operational LOS as a CEQA significance threshold with VMT, the City’s General Plan Circulation Element has an LOS goal of D or better, and as such LOS is still used as a CEQA threshold for City intersections). In accordance with SB743, Caltrans no longer considers ramp or intersection LOS as a basis for CEQA significance, but rather relies on an operational safety analysis, which is discussed further below and provided as Appendix G2 - VMT and Safety Review, to this Initial Study. Caltrans ramp LOS analysis is provided for informational purposes w ithin the TIA (Appendix G1). Study Intersections 1. Palm Avenue at Hallmark Parkway/Industrial Parkway 2. Palm Avenue at I-215 SB Ramps/Kendall Drive (Caltrans) 3. Palm Avenue at I-215 NB Ramps (Caltrans) 4. Palm Avenue at Little League Drive/Kendall Drive Study Roadway Segments 1. Industrial Parkway – North of Palm Avenue 2. Palm Avenue – Hallmark Parkway/Industrial Avenue to I-215 SB Ramps/Kendall Drive 3. Palm Avenue – I-215 SB Ramps/Kendall Drive to I-215 NB Ramps 4. Palm Avenue – I-215 NB Ramps to Little League Drive/Kendall Drive Existing land configuration and traffic control at the study intersections are shown on Exhibit 10, Existing Lane Configuration and Traffic Control . 6.k Packet Pg. 456 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 121 October 2020 Analysis – HCM Methodology Peak hour intersection operations were evaluated using the m ethodology outlined 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 Synchro software program and using the input parameters specified in the San Bernardino County CMP and City of San Bernardino’s Traffic Impact Guidelines. Per the HCM Methodology, Level of Service (LOS) for signalized intersections and all -way stop- controlled 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 o n 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. Table 24, Level of Service Criteria for Signalized and Unsignalized Intersections, provides a description of the operating characteristics of each Level of Service and average seconds of delay for signalized and unsignalized intersections. Per the City General Plan Circulation Element Policy 6.2.1, the City has established LOD D or better for peak hour intersection operation (therefore, LOS E or worse would be considered inconsistent with the General Plan policy). Table 24: 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) Roadway Segment Analysis The roadway segment analysis will address 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 det ermine the volume-to- 6.k Packet Pg. 457 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 122 October 2020 capacity (v/c) ratio. Daily capacity is based on the roadway classification, as shown in Table 25, City of San Bernardino Roadway Capacity Standards. Table 25: City of San Bernardino Roadway Capacity Standards Roadway Classifications Number of Lanes Daily Capacity (Vehicles per Day) Major Arterial 6 60,000 Major Arterial 4 40,000 Major Arterial 2 15,000 Second Arterial 4 30,000 Second Arterial 2 12,000 Collector Street 4 25,000 Collector Street 2 10,000 Source: City of San Bernardino General Plan 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. General Plan Circulation Plan The City of San Bernardino General Plan Circulation Plan provides roadway designations for the roadway system serving the project site and the surrounding vicinity. A copy of the City’s Circulation Plan is provided on Exhibit 11, City of San Bernardino Circulation Plan. 6.k Packet Pg. 458 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Not to scale 2 3 47 8 6 5 1 215 215 Cajon Blvd Palm Av eKendall D r Ohio A veBelmon t A ve Kendal l D rHallmark PkwyW Historic Rte 66I r v ing ton A veLittle League DrOlive Av e Walnut A v eVerdemon tPark 2 3 4 1 LEGEND X X Unsignalized Project Intersection Signalized Project Intersection Project Location Legend: Unsignalized SignalizedX X Palm Ave at Dwy 2Industrial Pkwy at Dwy 1 Palm Ave at Kendall Dr/ Little League Dr Palm Ave at I-215 NB Ramps 3 Palm Ave at Kendall Dr/ I-215 SB Ramps 2 Palm Ave at Hallmark Pkwy 6STOP 4 Kendall Dr at Dwy 3 Kendall Dr at Truck Dwy 5 7STOP STOP1 STOPSTOP STOP8STOPSTOP Legend: Unsignalized SignalizedX X Palm Ave at Dwy 2Industrial Pkwy at Dwy 1 Palm Ave at Kendall Dr/ Little League Dr Palm Ave at I-215 NB Ramps 3 Palm Ave at Kendall Dr/ I-215 SB Ramps 2 Palm Ave at Hallmark Pkwy 6STOP 4 Kendall Dr at Dwy 3 Kendall Dr at Truck Dwy 5 7STOP STOP1 STOPSTOP STOP8STOPSTOP San Bernardino Travel CentersTraffic Impact Study Kimley-Horn and Associates, Inc.July, 2020- -6 FIGURE 3 - Existing Lane Configuration and Traffic Control 2 3 47 8 6 5 1 215 215 Cajon Blvd Palm Av eKendall D r Ohio A veBelmon t A ve Kendal l D rHallmark PkwyW Historic Rte 66I r v ing ton A veLittle League Dr Olive Av e Walnut A v eVerdemon tPark 2 3 4 1 LEGEND X X Unsignalized Project Intersection Signalized Project Intersection Project Location Legend: Unsignalized SignalizedX X Palm Ave at Dwy 2Industrial Pkwy at Dwy 1 Palm Ave at Kendall Dr/ Little League DrPalm Aveat I-215 NB Ramps3Palm Ave at Kendall Dr/ I-215 SB Ramps2Palm Aveat Hallmark Pkwy 6STOP 4 Kendall Dr at Dwy 3 Kendall Dr at Truck Dwy 5 7STOP STOP1 STOPSTOP STOP8STOPSTOP Legend: Unsignalized SignalizedX X Palm Ave at Dwy 2 Industrial Pkwy at Dwy 1 Palm Ave at Kendall Dr/ Little League DrPalm Aveat I-215 NB Ramps3Palm Ave at Kendall Dr/ I-215 SB Ramps2Palm Aveat Hallmark Pkwy 6STOP 4 Kendall Dr at Dwy 3 Kendall Dr at Truck Dwy 5 7STOP STOP1 STOPSTOP STOP8STOPSTOP San Bernardino Travel CentersTraffic Impact Study Kimley-Horn and Associates, Inc.July, 2020- -6 FIGURE 3 - Existing Lane Configuration and Traffic Control Source: Traffic Impact Study for San Bernardino Travel Center EXHIBIT 10 : Existing Lane Configuration and Traffic Control Palm and Kendall Travel Center City of San Bernardino 6.k Packet Pg. 459 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Not to scale Project * San Bernardino Travel CentersTraffic Impact Study Kimley-Horn and Associates, Inc.July, 2020- - FIGURE 4 - City of San Bernardino Circulation Plan 10 Project * San Bernardino Travel CentersTraffic Impact Study Kimley-Horn and Associates, Inc.July, 2020- - FIGURE 4 - City of San Bernardino Circulation Plan 10 Project * San Bernardino Travel CentersTraffic Impact Study Kimley-Horn and Associates, Inc.July, 2020- - FIGURE 4 - City of San Bernardino Circulation Plan 10 Source: Traffic Impact Study for San Bernardino Travel Center EXHIBIT 11: City of San Bernardino Circulation Plan Palm and Kendall Travel Center City of San Bernardino 6.k Packet Pg. 460 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 125 October 2020 Existing Conditions Peak Hour Operation 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 26, Existing Conditions Peak-Hour Intersection Level of Service. Table 26: Existing Conditions – Peak Hour Intersection Level of Service Int. # Intersection Peak Hour Existing Conditions Delay (sec/veh) (a) LOS (b) 1 Hallmark Pkwy/Industrial Pkwy & Palm Ave AM 11.7 B PM 10.3 B 4 Kendall Dr/Little League Dr & Palm Ave AM 39.1 D PM 26.7 C Notes: - Bold and shaded values indicate intersections operating at LOS E or F or significant impact to intersection per City standards. (a) 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 worst movement. (b) LOS calculations are based on the methodology outlined in the Highway Capacity Manual 6 th Edition and performed using Synchro 10.0. Review of Table 26 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 of the TIA. This includes operational LOS data for Caltrans ramps, for informational purposes (as discussed below under Caltrans Safety Analysis, Caltrans now uses operational safety as a CEQA significance threshold in light of SB743, and not operational LOS). 6.k Packet Pg. 461 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Not to scale 2 3 47 8 6 5 1 215 215 Cajon Blvd Palm Av eKendall D r Ohio A veBelmon t A ve Kendal l D rHallmark PkwyW Historic Rte 66I r v ing ton A veLittle League DrOlive Av e Walnut A v eVerdemon tPark 10010020,33020,33011,47011,4705,7005,7002 3 4 1 LEGEND X / Y AM / PM Peak Hour Turning Volumes Average Daily Traffic Volumes X X Unsignalized Project Intersection Signalized Project IntersectionProject Location XXXX NOT TO SCALE///////////// //// //// / / / / //// ////////////////////////////// // // / / // /////////////X / Y = AM / PM PEAK HOUR TURNING VOLUMES #N/A Existing Peak-Hour Traffic Volumes#N/A \\orafp01\CA_ORA\ORA_TPTO\ZSAC\Projects\Projects for Others\Shea Anti\Greens Group Travel Center San Bernardino\7 Submittals\1st Submittal\1 Analysis\Intersection LOS\[SB Travel Center_T Legend 0000011000110001600201 412 0000 00 01170117000 00 Proj Dwy 1 Palm Ave Proj Dwy 3 Truck Dwy 00 0700 00 00 0147000 440 188 Kendall Dr1280Kendall Dr09000 0000 1470Industrial Pkwy000Proj Dwy 200 05678 0501711433364109173252798131301280177350 374164122 250 26726053 145 00 621386 536 136 206 Kendall Dr439 496 11534731241037 10 1 27 17 I-215 SB Ramps138 226 631 10 33 68 I-215 NB Off RampI-215 NB On Ramp5947Kendall Dr84288072 159 104 Palm Ave Palm Ave Palm Ave Palm Ave 95 80 814 357 00 38 306 98 141San Bernardino Travel Centers 1234 130Hallmark Pkwy2351Little League Dr2331 493 852 293 373 423 1802 32793782 93 311 140 San Bernardino Travel CentersTraffic Impact Study Kimley-Horn and Associates, Inc.July, 2020- - FIGURE 5 - Existing Traffic Volumes 132 3 47 8 6 5 1 215 215 Cajon BlvdPalm Av eKendall D r Ohio A veBelmon t AveKendal l D rHallmark PkwyW Historic Rte 66I r v ing ton A veLittle League Dr Olive Av e Walnut A v eVerdemon tPark 10010020,33020,33011,47011,4705,7005,7002 3 4 1 LEGEND X / Y AM / PM Peak Hour Turning Volumes Average Daily Traffic Volumes X X Unsignalized Project Intersection Signalized Project IntersectionProject Location XXXX NOT TO SCAL E///////////// //// //// / / / / //// ////////////////////////////// // // / / // /////////////X / Y = AM / PM PEAK HOUR TURNING VOLUMES #N/A Existing Peak-Hour Traffic Volumes#N/A \\orafp01\CA_ORA\ORA_TPTO\ZSAC\Projects\Projects for Others\Shea Anti\Greens Group Travel Center San Bernardino\7 Submittals\1st Submittal\1 Analysis\Intersection LOS\[SB Travel Center_T Legend 0000011000110001600201 412 0000 00 01170117000 00 Proj Dwy 1 Palm Ave Proj Dwy 3 Truck Dwy 00 0700 00 00 0147000 440 188 Kendall Dr1280Kendall Dr09000 0000 1470Industrial Pkwy000Proj Dwy 200 05678 0501711433364109173252798131301280177350 374164122 250 26726053 145 00 621386 536 136 206 Kendall Dr439 496 11534731241037 10 1 27 17 I-215 SB Ramps138 226 631 10 33 68 I-215 NB Off RampI-215 NB On Ramp5947Kendall Dr84288072 159 104 Palm Ave Palm Ave Palm Ave Palm Ave 95 80 814 357 00 38 306 98 141San Bernardino Travel Centers 1234 130Hallmark Pkwy2351Little League Dr2331 493 852 293 373 423 1802 32793782 93 311 140 San Bernardino Travel CentersTraffic Impact Study Kimley-Horn and Associates, Inc.July, 2020- - FIGURE 5 - Existing Traffic Volumes 13 Source: Traffic Impact Study for San Bernardino Travel Center EXHIBIT 12 : Existing Traffic Volumes Palm and Kendall Travel Center City of San Bernardino 6.k Packet Pg. 462 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 127 October 2020 Opening Year (2022) Base Conditions (Without The Project) The project Opening Year is anticipated to be Year 2022. 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 2022 Base forecasts. The resulting intersection and road way volumes are shown on Exhibit 13, Opening Year 2022 Base Traffic Volumes. Intersection Level of Service analysis was conducted for the Opening Year 2022 condition. The results are shown on Table 27, Opening Year 2022 Base Conditions. Table 27: Opening Year 2022 Base Conditions – Peak-Hour Intersection Level of Service Summary Intersection Peak Hour Opening Year 2022 Delay (a) LOS (b) 1 Hallmark Pkwy/Industrial Pkwy & Palm Ave AM 12.3 B PM 10.6 B 4 Kendall Dr/Little League Dr & Palm Ave AM 46.9 D PM 28.9 C Review of this table indicates that with the addition of ambient traffic growth, all intersections would operate at an acceptable Level of Service. Refer to Appendix G for detailed discussion, including operational LOS for Caltrans ramps which is provided for informational purposes (as discussed below under Caltrans Safety Analysis, Caltrans now uses operational safety as a CEQA significance threshold in light of SB743, and not operational LOS). Opening Year (2022) 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 Kimley -Horn if approved traffic studies were not available; refer to Table 28, Summary of Other Projects, which shows a list of the projects that were considered in the Cumulative condition. 6.k Packet Pg. 463 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Not to scale 2 3 47 8 6 5 1 215 215 Cajon BlvdPalm Av eKendall D r Ohio A veBelmon t AveKendal l D rHallmark PkwyW Historic Rte 66I r v ing ton A veLittle League Dr Olive Av e Walnut A v eVerdemon tPark 10010020,33020,33011,47011,4705,7005,7002 3 4 1 LEGEND X / Y AM / PM Peak Hour Turning Volumes Average Daily Traffic Volumes X X Unsignalized Project Intersection Signalized Project IntersectionProject Location XXXX NOT TO SCALE///////////// //// //// / / / / //// ////////////////////////////// // // / / // /////////////X / Y = AM / PM PEAK HOUR TURNING VOLUMES #N/A Existing Peak-Hour Traffic Volumes#N/A \\orafp01\CA_ORA\ORA_TPTO\ZSAC\Projects\Projects for Others\Shea Anti\Greens Group Travel Center San Bernardino\7 Submittals\1st Submittal\1 Analysis\Intersection LOS\[SB Travel Center_T Legend 0000011000110001600201 412 0000 00 01170117000 00 Proj Dwy 1 Palm Ave Proj Dwy 3 Truck Dwy 00 0700 00 00 0147000 440 188 Kendall Dr1280Kendall Dr09000 0000 1470Industrial Pkwy000Proj Dwy 200 05678 0501711433364109173252798131301280177350 374164122 250 26726053 145 00 621386 536 136 206 Kendall Dr439 496 11534731241037 10 1 27 17 I-215 SB Ramps138 226 631 10 33 68 I-215 NB Off RampI-215 NB On Ramp5947Kendall Dr84288072 159 104 Palm Ave Palm Ave Palm Ave Palm Ave 95 80 814 357 00 38 306 98 141San Bernardino Travel Centers 1234 130Hallmark Pkwy2351Little League Dr2331 493 852 293 373 423 1802 32793782 93 311 140 San Bernardino Travel CentersTraffic Impact Study Kimley-Horn and Associates, Inc.July, 2020- - FIGURE 5 - Existing Traffic Volumes 13 2 3 47 8 6 5 1 215 215 Cajon BlvdPalm Av eKendall D r Ohio A veBelmon t A ve Kendal l D rHallmark PkwyW Historic Rte 66I r v ing ton A veLittle League DrOlive Av e Walnut A v eVerdemon tPark 10610621,56821,56812,16912,1696,0476,0472 3 4 1 LEGEND X / Y AM / PM Peak Hour Turning Volumes Average Daily Traffic Volumes X X Unsignalized Project Intersection Signalized Project IntersectionProject Location XXXX NOT TO SCALE//////////////// //// //// / / / / //// //////////////////////////////// //// //// // // //// //////////////////////////////// //// //// / / / / //// //////////////////////////////// //// //// / / / / //// ////////////////X / Y = AM / PM PEAK HOUR TURNING VOLUMES Opening Year (2022) Peak-Hour Traffic Volumes \\orafp01\CA_ORA\ORA_TPTO\ZSAC\Projects\Projects for Others\Shea Anti\Greens Group Travel Center San Bernardino\7 Submittals\1st Submittal\1 Analysis\Intersection LOS\[SB Travel Center_T Legend000 0000000 0000000000000000000 0 000000 00 00 00 000 0 00 0000 00 0 00 00 00 00 00000000 000000000000%000 0000%000 0000%000%0000 0000 00000000000000000 00 00 0000000000000000000 00 00 00 0000 00 00 00 00 00 000000 00 00 0 0%000%00000000000000000%0000%00 00 0000 0000117001170017000000213 437 00000 00 00 0124012400000000 Proj Dwy 1 Palm Ave Proj Dwy 3 Truck Dwy 00 00 00 0700 00 00 00 00 00 00156000 00 467 199 0 Kendall Dr1360Kendall Dr00100000000156000Industrial Pkwy000Proj Dwy 200 00 5678 05018114593861161842529104133201360188371 397174129 265 28727656 154 00 659410 569 144 219 Kendall Dr466 526 12235021321100 11 1 29 18 I-215 SB Ramps146 240 631 11 35 72 I-215 NB Off RampI-215 NB On Ramp6350Kendall Dr00089308576 169 110 Palm Ave Palm Ave Palm Ave Palm Ave 101 85 864 379 000 40 325 104 150San Bernardino Travel Centers 1234 130Hallmark Pkwy2454Little League Dr2331 523 904 311 396 449 1912 034843987 99 0330 149 San Bernardino Travel CentersTraffic Impact Study Kimley-Horn and Associates, Inc.July, 2020- - FIGURE 6 - Opening Year 2022 Base Traffic Volumes 17 Source: Traffic Impact Study for San Bernardino Travel Center EXHIBIT 13: Opening Year 2022 Base Traffic Volume Palm and Kendall Travel Center City of San Bernardino 6.k Packet Pg. 464 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 129 October 2020 Table 28: Summary of Other Projects Project Name Location Land Use Units1 Trip Rate2 Daily Trips AM Peak-Hour PM Peak-Hour % of ADT2 In:Out Ratio2 In Out Total % of ADT2 In:Out Ratio2 In Out Total Cumulative Trips Proposed SB1 - P201100550 County of San Bernardino Warehousing 426.00 ksf 1.74 / ksf 741 10% 0.77 : 0.23 56 16 72 11% 0.27 : 0.73 22 59 81 Subtotal 741 56 16 72 22 59 81 SB 2 - Alabama Venture - P201300529 Alabama Street, San Bernardino General Light Industrial 94.60 ksf 4.96 / ksf 469 14% 0.88 : 0.12 58 8 66 13% 0.13 : 0.87 8 52 60 Subtotal 469 58 8 66 8 52 60 SB 3 - Mountain Grove Southeast Corner of San Bernardino Avenue & Alabama Street Shopping Center 1.85 ksf gla 37.8 / ksf gla 70 2% 0.62 : 0.38 1 1 2 10% 0.48 : 0.52 3 4 7 Multifamily Housing (Low-Rise) 281.00 du 7.32 / du 2,057 6% 0.23 : 0.77 30 99 129 8% 0.63 : 0.37 99 58 157 Hotel 200.00 rm 5.49 / rm 1,098 6% 0.47 : 0.53 33 37 70 7% 0.48 : 0.52 38 42 80 Multiplex Movie Theater 4.00 Screen (s) * / Screen (s) N/A N/A 0.00 : 0.00 0 0 0 Rate: 13.75 0.51 : 0.49 28 27 55 Subtotal 3,225 64 137 201 168 131 299 SB 4 - North of Palmetto Avenue, West of Alabama Street North of Palmetto Avenue, West of Alabama Street High-Cube Fulfillment Center Warehouse 230.00 ksf 8.18 / ksf 1,881 7% 0.00 : 0.00 0 136 136 17% 0.00 : 0.00 0 315 315 Subtotal 1,881 0 136 136 0 315 315 SB 5 - Newcastle Nevada Street and Palmetto Avenue High-Cube Fulfillment Center Warehouse 590.00 ksf 8.18 / ksf 4,826 7% 0.00 : 0.00 0 348 348 17% 0.00 : 0.00 0 808 808 Subtotal 4,826 0 348 348 0 808 808 SB 6 - Oakmont North of Palmetto Avenue, between Nevada Street and Alabama Street High-Cube Fulfillment Center Warehouse 561.00 ksf 8.18 / ksf 4,589 7% 0.00 : 0.00 0 331 331 17% 0.00 : 0.00 0 769 769 Subtotal 4,589 0 331 331 0 769 769 SB 7 - P201700142 County of San Bernardino Warehousing 191.04 ksf 1.74 / ksf 332 10% 0.77 : 0.23 25 7 32 11% 0.27 : 0.73 10 26 36 Subtotal 332 25 7 32 10 26 36 6.k Packet Pg. 465 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 130 October 2020 Project Name Location Land Use Units1 Trip Rate2 Daily Trips AM Peak-Hour PM Peak-Hour % of ADT2 In:Out Ratio2 In Out Total % of ADT2 In:Out Ratio2 In Out Total SB 8 - P201700245 County of San Bernardino Multifamily Housing (Low-Rise) 360.00 du 7.32 / du 2,635 6% 0.23 : 0.77 38 128 166 8% 0.63 : 0.37 127 75 202 Subtotal 2,635 38 128 166 127 75 202 SB 9 - Waterman & Mill Truck Repair3 County of San Bernardino Automobile Parts and Service Center 10.00 ksf 16.3 / ksf 163 12% 0.73 : 0.27 14 6 20 14% 0.40 : 0.60 9 14 23 Subtotal 163 14 6 20 9 14 23 SB 10 - DP-P17-01 County of San Bernardino General Light Industrial 94.50 ksf 4.96 / ksf 469 14% 0.88 : 0.12 58 8 66 13% 0.13 : 0.87 8 52 60 Subtotal 469 58 8 66 8 52 60 SB 11 - DP-D 17-07 County of San Bernardino General Light Industrial 172.95 ksf 4.96 / ksf 858 14% 0.88 : 0.12 107 14 121 13% 0.13 : 0.87 14 95 109 Subtotal 858 107 14 121 14 95 109 SB 12 - DP-D15-09 County of San Bernardino General Light Industrial 154.56 ksf 4.96 / ksf 767 14% 0.88 : 0.12 95 13 108 13% 0.13 : 0.87 13 84 97 Subtotal 767 95 13 108 13 84 97 SB 13 - Waterman Industrial Center County of San Bernardino High-Cube Fulfillment Center Warehouse 564.65 ksf 8.18 / ksf 4,619 7% 0.00 : 0.00 0 333 333 17% 0.00 : 0.00 0 774 774 Subtotal 4,619 0 333 333 0 774 774 SB 14 - Orange Show Road Warehouse County of San Bernardino High-Cube Fulfillment Center Warehouse 342.00 ksf 8.18 / ksf 2,798 7% 0.00 : 0.00 0 202 202 17% 0.00 : 0.00 0 469 469 Subtotal 2,798 0 202 202 0 469 469 SB 15 - CUP 15-12 County of San Bernardino Fast-Food Restaurant w/ D.T. 2.80 ksf 471 / ksf 1,319 9% 0.51 : 0.49 57 56 113 7% 0.52 : 0.48 48 43 91 Subtotal 1,319 57 56 113 48 43 91 SB 16 - DP-D17-02 County of San Bernardino General Light Industrial 343.44 ksf 4.96 / ksf 1,703 14% 0.88 : 0.12 212 28 240 13% 0.13 : 0.87 28 188 216 Subtotal 1,703 212 28 240 28 188 216 SB 17 - CUP 17-03 County of San Bernardino Coffee/Donut Shop w/ D.T. 2.26 ksf 820 / ksf 1,854 11% 0.51 : 0.49 103 98 201 5% 0.50 : 0.50 49 49 98 Gasoline Station w/ Convenience Market 6.00 VFP 205 / VFP 1,232 6% 0.51 : 0.49 38 37 75 7% 0.51 : 0.49 43 41 84 Subtotal 3,086 141 135 276 92 90 182 6.k Packet Pg. 466 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 131 October 2020 Project Name Location Land Use Units1 Trip Rate2 Daily Trips AM Peak-Hour PM Peak-Hour % of ADT2 In:Out Ratio2 In Out Total % of ADT2 In:Out Ratio2 In Out Total SB 18 - DP2 12-02 County of San Bernardino Warehousing 345.80 ksf 1.74 / ksf 602 10% 0.77 : 0.23 45 14 59 11% 0.27 : 0.73 18 48 66 Subtotal 602 45 14 59 18 48 66 SB 19 - CUP 15-17 County of San Bernardino Charter Elementary School 6.83 st 1.85 / st 13 60% 0.53 : 0.47 4 4 8 8% 0.35 : 0.65 0 1 1 Subtotal 13 4 4 8 0 1 1 SB 20 - DP-D15-14 County of San Bernardino General Light Industrial 127.33 ksf 4.96 / ksf 632 14% 0.88 : 0.12 78 11 89 13% 0.13 : 0.87 10 70 80 Subtotal 632 78 11 89 10 70 80 SB 21 - DP-P16-04 County of San Bernardino Multifamily Housing (Low-Rise) 38.00 du 7.32 / du 278 6% 0.23 : 0.77 4 13 17 8% 0.6 : 0.3 13 8 21 3 7 Subtotal 278 4 13 17 13 8 21 SB 22 - DP-D16-22 County of San Bernardino Warehousing 14.20 ksf 1.74 / ksf 25 10% 0.77 : 0.23 2 0 2 11% 0.27 : 0.73 1 2 3 Subtotal 25 2 0 2 1 2 3 SB 23 DP-D16-24 County of San Bernardino General Light Industrial 94.50 ksf 4.96 / ksf 469 14% 0.88 : 0.12 58 8 66 13% 0.13 : 0.87 8 52 60 Subtotal 469 58 8 66 8 52 60 SB24 - Fuel Center and Convenience Store County of San Bernardino Convenience Market 1.90 ksf 762 / ksf 1,448 8% 0.50 : 0.50 59 60 119 6% 0.51 : 0.49 48 45 93 Fast-Food Restaurant w/ D.T. 2.55 ksf 471 / ksf 1,201 9% 0.51 : 0.49 52 50 102 7% 0.52 : 0.48 43 40 83 Fast-Food Restaurant w/o D.T. 1.20 ksf 346 / ksf 415 7% 0.60 : 0.40 18 12 30 8% 0.50 : 0.50 17 17 34 Subtotal 3,065 129 122 251 108 102 210 R1 Tract 1898 Single-Family Detached Housing 82.00 du 9.44 / du 774 8% 0.25 : 0.75 15 46 61 10% 0.63 : 0.37 51 30 81 Subtotal 774 15 46 61 51 30 81 R2 Pioneer & Texas Residential Single-Family Detached Housing 207.00 du 9.44 / du 1,954 8% 0.25 : 0.75 38 115 153 10% 0.63 : 0.37 129 76 205 Subtotal 1,954 38 115 153 129 76 205 R3 Tract 17022 Single-Family Detached Housing 12.00 du 9.44 / du 113 8% 0.25 : 0.75 2 7 9 10% 0.63 : 0.37 7 5 12 6.k Packet Pg. 467 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 132 October 2020 Project Name Location Land Use Units1 Trip Rate2 Daily Trips AM Peak-Hour PM Peak-Hour % of ADT2 In:Out Ratio2 In Out Total % of ADT2 In:Out Ratio2 In Out Total Subtotal 113 2 7 9 7 5 12 R4 Meritage Homes Tract Single-Family Detached Housing 173.00 du 9.44 / du 1,633 8% 0.25 : 0.75 32 96 128 10% 0.63 : 0.37 108 63 171 Subtotal 1,633 32 96 128 108 63 171 R5 CUP 945 - Redlands Crossing Shopping Center 256.61 ksf gla 37.8 / ksf gla 9,687 2% 0.62 : 0.38 150 91 241 10% 0.48 : 0.52 469 509 978 Subtotal 9,687 150 91 241 469 509 978 R6 CRA 889 - Springhill Suites Hotel 88.00 rm 8.36 / rm 736 6% 0.59 : 0.41 24 17 41 7% 0.51 : 0.49 27 26 53 Subtotal 736 24 17 41 27 26 53 NET CUMULATIVE PROJECTS TRIP GENERATION = 54,460 1,506 2,452 3,958 1,496 5,036 6,532 Note: 1. DU = dwelling unit; ksf = one thousand square feet 2. Trip rates references from ITE Trip Generation, 10th Edition. 3. Project is on an 8 -acre site. As ITE does not provide trip generation rates for Automobile Parts and Service Center Land Use based on acerage, 10 ksf was assumed for estim ating project trip generation, based on similar truck repair shops in the City of San Bernardino. 6.k Packet Pg. 468 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 133 October 2020 Intersection Level of Service analysis was conducted for Opening Year Base Plus Other Projects conditions, and the results are shown on Table 29, Opening Year 2022 Plus Other Projects Conditions. Intersection analysis worksheets for this scenario are provided in Appendix C, of the TIA. Table 29: Opening Year 2022 Plus Other Projects Conditions Int. # Intersection Peak Hour Opening Year (2022) Base Conditions Delay(a) LOS (b) 1 Hallmark Pkwy/Industrial Pkwy & Palm Ave AM 12.4 B PM 10.9 B 4 Kendall Dr/Little League Dr & Palm Ave AM 48.2 D PM 29.5 C Notes: - Bold and shaded values indicate intersections operating at LOS E or F or significant impact to intersection per City standards. (a) 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 worst movement. (b) LOS calculations are based on the methodology outlined in the Highway Capacity Manual 6th Edition and performed using Synchro 10.0. Review of this table indicates that, with the addition of traffic from Other Projects, intersection #1 and #4 would continue to operate at an acceptable LOS. Refer to Appendix G for detailed discussion, including operational LOS for Caltrans ramps which is provided for informational purposes (as discussed below under Caltrans Safety Analysis, Caltrans now uses operational safety as a CEQA significance threshold, and not operational LOS). Project Traffic Project Trip Generation Trip generation estimates for the Palm and Kendall Travel Center Project are based on daily and peak hour trip generation rates obtained from the Institute of Transportation Engineers (ITE) Trip Generation Manual (10th Edition) and additional sources: • ITE Land Use 934: Fast Food Restaurant with Drive Through Window • ITE Land Use 960 Super Convenience Market with Gas Station • ITE Land USE 950: Truck Stop • Daily Truck Stop fuel pump data received from similar truck stop sites Daily, AM peak hour, and PM peak hour trips were estimated for a propo sed 4,485 square foot free-standing fast food restaurant with drive-through, a 2,500 fast-food restaurant with drive- through, a super convenience market with gas station with 20 fueling positions, and a truck stop with 6 truck fueling positions. Passenger car trips were estimated for the fast-food restaurant with drive-through and super convenience market with gas station land uses. The truck stop land use was estimated to generate only truck trips and as such, a passenger car equivalent (PCE) factor was a pplied to the 6.k Packet Pg. 469 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 134 October 2020 truck stop trips (3.0 PCE for 4+-axle trucks) to determine the total PCE trips to be generated by the truck stop land use. Trip rates and the estimated Project trip generation are shown on Table 30, Summary of Project Trip Generation Rates. Passenger car trip generation for the fast-food restaurant with drive- through and super convenience market with gas station land uses are shown in Table 31, Summary of Project Trip Generation – Passenger Cars, truck stop trip generation is shown in Table 32, Summary of Project Trip Generation – Trucks, and total Project trip generation is shown in Table 33, Summary of Total Project Trip Generation. ITE trip generation references, including pass -by and diverted trip percentage tables, and internal capture worksheets are included in Appendix A as part of the project scoping agreement. Table 30: Summary of Project Trip Generation Rates Land use Source Units Daily Trip Rates AM Peak Hour PM Peak Hour Trip Rate In : Out Ratio Trip Rate In : Out Ratio Fast-Foot Restaurant w/ Drive-Through Window ITE Code 934 4.485 ksf 470.95 40.19 51% : 49% 32.67 52% : 48% 2.500 ksf 470.95 40.19 51% : 49% 32.67 52% : 48% Super Convenience Market/Gas Station ITE Code 960 20 FP (a) 230.52 28.08 50% : 50% 22.96 50% : 50% Truck Stop Data (b)/ITE Code 950 6 Truck FP 118.52 7.81 51% : 49% 8.41 49% : 51% Notes KSF = thousand square feet, FP = Fueling Positions AM and/or PM rates correspond to peak of adjacent street traffic Trip Generation data for ITE Codes from ITE Trip Generation, 10th Edition (a) Trip generation rates for super convenience market and gas station were based on fueling positions instead on ksf to be m ore conservative. (b) Trip Generation data received from similar truck stop site Table 31: Summary of Project Trip Generation—Passenger Cars Proposed Land Use (a) Units Daily Trips AM Peak Hour PM Peak Hour In Out Total In Out Total Fast-Food Restaurant with Drive-Through (b) – 4.485 ksf 2,112 92 88 180 76 71 147 Internal Capture (c) (Daily: 12%, AM: 13%, PM: 23%) -253 -12 -11 -23 -18 -16 -34 Net Driveway Trips – Fast-food Restaurant with Drive-Through 1,859 80 77 157 58 55 113 Pass-By Trips (d) (Daily: 50%, AM: 49%, PM: 50%) -930 -39 -38 -77 -30 -27 -57 Diverted Trips (e) (Daily: 25%, AM: 28%, PM: 23%) -465 -22 -22 -44 -13 -13 -26 6.k Packet Pg. 470 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 135 October 2020 Proposed Land Use (a) Units Daily Trips AM Peak Hour PM Peak Hour In Out Total In Out Total Net Primary Trips – Fast-food Restaurant with Drive-Through 464 19 17 36 15 15 30 Fast-Food Restaurant with Drive-Through (b) -- 2.500 ksf 1,177 51 49 100 43 39 82 Internal Capture (c) (Daily: 12%, AM: 13%, PM: 23%) -141 -7 -6 -13 -10 -9 -19 Net Driveway Trips – Fast-food Restaurant with Drive-Through 1,036 44 43 87 33 30 63 Pass-By Trips (d) (Daily: 50%, AM: 49%, PM: 50%) -518 -22 -21 -43 -17 -15 -32 Diverted Trips (e) (Daily: 25%, AM: 28%, PM: 23%) -259 -12 -12 -24 -7 -7 -14 Net Primary Trips – Fast-food Restaurant with Drive-Through 259 10 10 20 9 8 17 Super Convenience Market/Gas Station (b) -- 20 Fueling Positions 4,610 281 281 562 230 229 459 Internal Capture (c) (Daily: 12%, AM: 13%, PM: 23%) -553 -37 -36 -73 -53 -53 -106 Net Driveway Trips – Gas Station with Convenience Market 4,057 244 245 489 177 176 353 Pass-By Trips (d) (Daily: 59%, AM: 62%, PM: 56%) -2,394 -152 -151 -303 -99 -99 -198 Diverted Trips (e) (Daily: 26%, AM: 21%, PM: 31%) -1,055 -52 -51 -103 -55 -54 -109 Net Primary Trips – Super Convenience Market/Gas Station (Fueling Position rates) 608 40 43 83 23 23 46 Net Passenger Car Trips (f) Net Driveway Trips 6,952 368 365 733 268 261 529 Net Primary Trips 1,331 69 70 139 47 46 93 Notes (a) Passenger Car trips include trips to 4.485 ksf and 2.500 ksf Fast-Food Restaurants with drive-thrus and a 20 fueling position/6.500 ksf Super Convenience Market/Gas Station. (b) Trip Generation data from ITE Trip Generation Manual, 10th Edition (see Appendix A) (c) Internal capture rates from ITE Trip Generation Handbook, 3rd Edition (see Appendix A) (d) Pass-by rates from ITE Trip Generation Handbook, 3rd Edition (see Appendix A) (e) Diverted trip rates from ITE Trip Generation Handbook, 3rd Edition (see Appendix A) (f) Net passenger car trips are the sum of trips generated by the Fast -Food Restaurant with drive-thru land use and Super Convenience Market/Gas Station land use (using rates based on Fueling Positions). 6.k Packet Pg. 471 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 136 October 2020 Table 32: Summary of Project Trip Generation—Trucks Proposed Land Use (a) Units Daily Trips AM Peak Hour PM Peak Hour In Out Total In Out Total Truck Stop – 6 Truck Fueling Positions 711 24 23 47 25 25 50 Internal Capture (c) (0%) 0 0 0 0 0 0 0 Net Driveway Trips – Truck Stop 711 24 23 47 25 25 50 Net Driveway Trips in PCE (PCE=3.0) 2,133 72 69 141 75 75 150 Pass-By Trips (d) (Daily: 5%, AM: 5%, PM: 5%) -36 -1 -1 -2 -1 -2 -3 Diverted Trips (e) (Daily: 60%, AM: 62%, PM: 56%) -427 -15 -14 -29 -14 -14 -28 Net Primary Trips – Truck Stop 248 8 8 16 10 9 19 Net Primary Trips in PCE (PCE=3.0) 744 24 24 48 30 27 57 Notes (a) Truck trips include trips to the Truck Stop land use portion only, using daily trip information obtained from similar fac ilities (b) Peak hour information estimated using peak hour percentages from ITE Trip Generation Manual, 10th Edition (see Attachment A) (c) No internal capture was assumed for the Truck Stop land use, as a truck stop is assumed to include a variety of services (d) As there was no supporting data available to define the number of pass -by trips, pass-by rates were estimated to be 5% (e) Diverted rates were developed based on available I -215 Mainline AADTT data from Caltrans and the projected daily truck trips genera ted by the site, as discussed earlier in this section. Table 33: Summary of Total Project Trip Generation Proposed Land Use (a) Daily Trips AM Peak Hour PM Peak Hour In Out Total In Out Total Fast Food w/ Drive-Through 723 29 27 56 24 23 47 Super Convenience Market/Gas Station 608 40 43 83 23 23 46 Truck Stop (PCE = 3.0) 744 24 24 48 30 27 57 Total Primary Trip Generation 2,075 93 94 187 77 73 150 Total Diverted Trips – Passenger Cars 1,779 86 85 171 75 74 149 Total Diverted Trips – Trucks (PCE) 1,281 45 42 87 42 42 84 Total Pass-by Trips – Passenger Cars 3,842 213 210 423 146 141 287 Total Pass-by Trips – Trucks (PCE) 108 3 3 6 3 6 9 Total Project Trip Generation at Project Driveways 9,085 440 434 874 343 336 679 Trip Distribution and Assignment Project trip distribution assumptions for the Project site were developed taking into account the proposed site use, and routes to and from the freeway system. Separate distribution patterns were assumed for passenger car trips and truck trips. Primary trips are new vehicle trips that are assumed to be added to the network as a result of development of the project site. Separate Project trip distributions and assignment were developed for diverted and pass -by trips for both 6.k Packet Pg. 472 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 137 October 2020 passenger cars and trucks. Diverted trip are defined as vehicle trips that are already on the network and would make a short diversion to visit the Project site, resulting in new trips at select study intersections. Pass-by trips are defined as trips already on the network near the Project site that would enter into the Project site using the Project driveways. In this case, due to the Project’s close proximity to the Palm Avenue and I -215 interchange, some pass-by trips were assumed to make a short diversion from the freeway ramp intersections to the Project site. Opening Year (2022) Base Plus Other Projects Plus Project Project-related traffic for the Palm and Kendall Travel Center Project was added to the Opening Year Base Plus Other Projects traffic volumes, resulting in the “Plus Project” 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 34, Opening Year (2022) Plus Other Projects Plus Project – Summary of Intersection Operations. Table 34: Opening Year (2022) Plus Other Projects Plus Project – Summary of Intersection Operations Intersection Peak Hour Opening Year 2022 Plus Other Projects Opening year 2022 Plus Other Projects Plus Project Delay (a) LOS (b) Delay (a) LOS (b) 1 Hallmark Pkwy/Industrial Pkwy & Palm Ave AM 12.4 B 16.4 C PM 10.9 B 12.5 B 4 Kendall Dr/Little League Dr & Palm Ave AM 48.2 D 49.4 D PM 29.5 C 29.7 C 5 Industrial Pkwy & Dwy 1 AM - - 9.7 A PM - - 9.3 A 6 Palm Ave & Dwy 2 AM - - 11.3 B PM - - 9.7 A 7 Kendall Dr & Dwy 3 AM - - 10.7 B PM - - 10.2 B 8 Kendall Dr & Truck Dwy AM - - 9.6 A PM - - 9.6 A Notes: Bold values indicate intersections operating at LOS E or F. ECL = Exceeds Calculable Limit. Reported when delay exceeds 180 seconds. (a) 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 worst movement. (b) LOS calculations are based on the methodology outlined in the Highway Capacity Manual 6th Edition and performed using Syn chro 10.0 (c) Change in V/C due to addition of project traffic Review of Table 34, above, indicates that, with the addition of Project traffic, all City intersections would operate at an acceptable LOS. Refer to Appendix G for detailed discussion, including operational LOS for Caltrans ramps which is provided for informational purposes (as discussed 6.k Packet Pg. 473 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 138 October 2020 below under Caltrans Safety Analysis, Caltrans now uses operational safety as a CEQA significance threshold in light of SB743, and not operational LOS). Future Conditions Horizon Year 2040 Cumulative Base Conditions To derive the Future Build-Out 2040 Cumulative Base intersection turning movement forecasts, the San Bernardino Transportation Analysis Model (SBTA M) Base Year 2016 and Build-out Year 2040 future traffic projections were used. The raw volumes obtained from the model output were post-processed by determining the annual growth between the base model year and the future model year and applying the growt h 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 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 of the TIA provided as Appendix G of this Initial Study. Horizon Year 2040 conditions were modeled using model parameters outlined for future year analysis in the San Bernardino County CMP. Peak Hour Operating Conditions An intersection Level of Service analysis was conducted for the Horizon Year 2040 Cumulative Base condition, and the results are shown on Table 35, Horizon Year 2040 – Summary of Intersection Operations. Copies of intersection analysis worksheets are provided in Appendix C of the Traffic Impact Analysis which is available as Appendix G of this ISMND. Table 35: Horizon Year 2040 – Summary of Intersection Operations Int. # Intersection Peak Hour Horizon Year (2040) Base Base Conditions Delay (sec/veh) LOS 1 Hallmark Pkwy/Industrial Pkwy & Palm Ave AM 19.3 C PM 31.3 D 4 Kendall Dr/Little League Dr & Palm Ave AM 34.6 C PM 28.7 C Notes: Bold values indicate intersections operating at LOS E or F. (a) 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 worst movement. (b) LOS calculations are based on the methodology outlined in the Highway Capacity Manual 6th Edition and performed using Syn chro 10.0 Review of Table 35 indicates that, under Horizon Year 2040 conditions, all study intersections would operate at an acceptable Level of Service. Refer to Appendix G for detailed discussion, including operational LOS for Caltrans ramps which is provided for informational purposes (as 6.k Packet Pg. 474 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 139 October 2020 discussed below under Caltrans Safety Analysis, Caltrans now uses operational safety as a C EQA significance threshold in light of SB743, and not operational LOS). Horizon Year 2040 Plus Project Conditions Project-related traffic was added to the Horizon Year 2040 traffic volumes. Peak Hour Operating Conditions Intersection Level of Service analysis was conducted for the Horizon Year 2040 Plus Project condition. The results are shown on Table 36, Horizon Year 2040 Plus Project – Summary of Intersection Operations. Copies of intersection analysis worksheets are provided in Appendix C to the Traffic Impact Analysis provided as Appendix G of this Initial Study. Table 36: Horizon Year 2040 Plus Project – Summary of Intersection Operations Int. # Intersection Peak Hour Horizon Year (2040) Base Base Conditions Horizon Year 2040 Plus Project Delay (sec/veh)(a) LOS(b) Delay (sec/veh)(a) LOS(b) 1 Hallmark Pkwy/Industrial Pkwy & Palm Ave AM 19.3 C 30.7 D PM 31.3 D 48.2 E 4 Kendall Dr/Little League Dr & Palm Ave AM 34.6 C 35.1 D PM 28.7 C 28.9 C 5 Industrial Pkwy & Dwy 1 AM - - 9.7 A PM - - 9.2 A 6 Palm Ave & Dwy 2 AM - - 13.0 B PM - - 10.1 B 7 Kendall Dr & Dwy 3 AM - - 12.6 B PM - - 11.0 B 8 Kendall Dr & Truck Dwy AM - - 11.2 B PM - - 10.5 B Notes: Bold values indicate intersections operating at LOS E or F. (a) 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 worst movement. (b) LOS calculations are based on the methodology outlined in the Highway Capacity Manual 6th Edition and performed using Syn chro 10.0 Review of Table 36 indicates that with the addition of Project traffic, all intersections would continue to operate at acceptable except the following intersection. Refer to Appendix G for detailed discussion, including operational LOS for Caltrans ramps which is provided f or informational purposes (as discussed below under Caltrans Safety Analysis, Caltrans now uses operational safety as a CEQA significance threshold, and not operational LOS). • Intersection #1: Hallmark Parkway/Industrial Parkway at Palm Avenue – LOS E, PM Peak Hour As mentioned previously, per the City of San Bernardino Guidelines, new development is required to identify improvement measures at intersections that don't meet the operation criteria based on the City's General Plan (LOS D or better). Note that, per SB743, operational delay is no longer a basis for CEQA significance. However, as part of the City’s standard development review 6.k Packet Pg. 475 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 140 October 2020 process to ensure adequate site access and General Plan consistency, improvements have been identified at intersection #1 (Hallmark Parkway/Industrial Parkway at Palm Avenue), described further below under Conditions of Approval (this is not a CEQA mitigation measure). It should be noted that the Project does not necessarily add primary trips to the highest -delay movements in the above intersection. Based on California Manual On Uniform Traffic Control Devices (CA MUTCD, revised March 27, 2020) Peak Hour Signal Warrant #3, intersection signalization would be warranted at Intersection #1 - Hallmark Parkway/Industrial Parkway at Palm Avenue intersection under Horizon Year 2040 base conditions during the PM peak hour and under Horizon Year 2040 Plus Project conditions during the AM and PM peak hours. CA MUTCD Peak Hour Signal Warrant #3 worksheets are included in Appendix F of the TIA included in this Initial Study. LOS of Intersection #1 with improvements in place is shown in Table 37, Horizon Year 2040 Conditions With Improvements. 6.k Packet Pg. 476 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 141 October 2020 Table 37: Horizon Year 2040 Conditions With Improvements INTERSECTION PEAK HOUR HORIZON YEAR 2040 HORIZON YEAR 2040 PLUS PROJECT HORIZON YEAR 2040 PLUS PROJECT PLUS IMPROVEMENTS DESCRIPTION DELAY (a) LOS (b) DELAY (a) LOS (b) DELAY (a) LOS (b) 1 Hallmark Pkwy/Industrial Pkwy & Palm Ave AM 19.3 C 30.7 D 14.0 B Install a traffic signal (Mitigation Measure) PM 31.3 D 48.2 E 17.1 B Notes: Bold values indicate intersections operating at LOS E or F. Bold and shaded values Indicate an identified project impact. Caltrans LOS is acceptable per their guidelines. (a) 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 worst movement. (b) LOS calculations are based on the methodology outlined in the Highway Capacity Manual 6th Edition and performed using Synchro 10.0 6.k Packet Pg. 477 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 142 October 2020 The Project will be responsible to contribute towards the construction of the proposed improvement in accordance with City traffic requirements (see discussion below regarding significance findings under CEQA). Estimated Project fair-share contribution toward the proposed improvement under Opening Year Plus Other Projects Plus Project and Horizon Year 2040 Plus Project conditions can be found in Table 38, Project Fair Share for Horizon Year Plus Project Improvements. Table 38: Project Fair Share for Horizon Year Plus Project Improvements Intersection AM Peak Hour PM Peak Hour Total Volume Total Growth Project Trips % Total Volume Total Growth Project Trips % 2020 2040 2020 2040 Intersection #1 Hallmark Pkwy/Industrial Pkwy & Palm Ave 593 1,258 665 221 33.2% 594 1,320 726 159 21.9% Conditions of Approval: The intersection of Hallmark Pkwy/Industrial Pkwy & Palm Ave is projected to operate at LOS C and D during the AM and PM peak hours during the Horizon Year 2040 without the addition of Project traffic. The addition of Project traffic is projected to increase delay at this intersection and increase the delay to LOS D and E, respectively. With implementation of COA TRF-1 (installation of a traffic signal), the intersection would have a LOS of B in the AM and PM Peak Hours, thereby providing adequate site access and General Plan consistency . Installation of a traffic signal at this intersection can occur within the road right of way with minimal grading or excavation. As the signal will require power, excavation, dust control, traffic management, and covering of the trench will be needed. Phys ical impacts associated with installation of the signal would be similar to those of the project. Dust control and stormwater runoff prevention measures would be required as established in the municipal code, and applied through mitigation required by this IS/MND. (a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Less Than Significant with Mitigation. The impact analysis below focuses on City intersections using LOS E or worse as a significance threshold, and operational safety as a CEQA significance threshold for Caltrans ramps. Each threshold is discussed separately below. City Intersection LOS As discussed above and in the TIA (Appendix G) i n greater detail, with implementation of COA TRF-1, the Project will be consistent with General Plan Circulation Element Policy 6.2.1, which requires LOS D or better on City intersections. 6.k Packet Pg. 478 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 143 October 2020 Caltrans Operational Safety Analysis In order to evaluate the potential for the Project to create a significant operational safety analysis, the City conducted a Caltrans Safety Analysis (contained in Appendix G2). As part of the analysis, a safety review was prepared following Caltrans recently published Interim Land Development and Intergovernmental Review (LDIGR) practitioner guidance for safety review. The interim guidance does not establish thresholds of significance under CEQA. The significance of impacts should be determined with careful judgment on the part of the public agency and based, to the greatest extent possible, on scientific and factual data consistent with Caltrans' CEQA guidance. As such, the safety assessment completed for this Project included the following elements: • Review of available systemic safety plans • Review of available collision data • Review of potential increase presence of pedestrians and bicyclist • Degradation of the walking and bicycling environment and experience. • New pedestrian and bicyclist connection desires • Change in traffic mix such as increase in bicyclist or pedestrians where features such as shoulders or sidewalks may not exist or are inconsistent with facility design • Increased vehicular speeds • Transition between free flow and metered flow • Increased traffic volumes • Queuing at off-ramps resulting in slow or stopped traffic on mainline, or speed differentials between adjacent lanes • Queuing exceeding turn pocket that impedes through-traffic • Site access Systemic Safety Plans A review of the City of San Bernardino Final Systemic Safety Analysis Report (SSAR) and Inventory Report, dated September 2018, indicated that none of the intersection or roadway segments surrounding the proposed Project site were located within priority zones for improvements based on the analysis prepared in the study. It should be noted that as result of the efforts in the preparation of the SSAR, the City was successful in receiving over ten million dollars in funding for improvements to the existing traffic signal systems. Pedestrian and Bicycle Activity By definition, the proposed Project will serve truck and vehicular traffic. Although some pedestrian and bicycle activity should be expected as a result of the Project and other nearby recent development like the Amazon Distribution Center located at 5990 Cajon Boulevard. Although the Project would not change the traffic mix of area surrounding the project site, the 6.k Packet Pg. 479 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 144 October 2020 proposed Project would construct sidewalk along the project site plan to provide pedestrian connectivity to adjacent land uses. Increase Vehicular Speeds Traffic patterns and speeds are expected to remain the same as existing conditions with the construction of the proposed Project. Collision Data The most recent five-years of Collision data was received from the California Highway Patrol’s (CHP) Statewide Integrated Traffic Records System (SWITRS) for the Palm Avenue and I -215 Interchange (PM SBD 13.971). Attachment C of the VMT and Safety Analysis, provided as Appendix G2 of this Initial Study, shows a summary of collisions data received. A total of 28 collisions were recorded and provided within the data. No fatalities occurred within the study area. The most common collision types were vehicles hitting fixed objects (10 collisions) and rear end (5 collisions). A closer review of the data indicates a higher concentration of collisions on the I-215 SB ramps (including two head-on collisions). The review of the data indicates that the SB off -ramp could be considered a location for general safety improvements as described by Caltrans guidelines, in order to address existing operational issues. The general safety improvements should be considered whether the proposed Project or plan is implemented or not. Since the existing operational issues are the results of existing geometrics and signage, the addition of the proposed Project would not result in a significant Project impact or a cumulatively considerable contribution to the existing safety conditions. In fact, as discussed in more detail below, the Project would improve existing operational conditions. Increase Vehicular Speeds Traffic patterns and speeds are expected to remain the same as existing conditions with the construction of the proposed Project. Queuing Evaluation A vehicular queuing analysis was completed for the I -215 and Palm Avenue interchange using Synchro 10 software methodology. The projected 95th percentile queue lengths during the AM and PM peak hours under each scenario for the two Caltrans intersections with and without the proposed Project. Attachment C of the VMT and Safety Analysis, provided as Appendix G2 to this Initial Study, includes copies of the Synchro Queuing Worksheets. The following queues are projected to exceed available storage length: • I-215 SB Ramp/Kendall Drive and Palm Avenue: The WBL turn with and without Project traffic exceeds and will continue to exceed the available storage capacity. • I-215 NB Ramp/ Palm Avenue: The NB right turn with and without Project traffic exceeds and will continue to exceed the available storage capacity. 6.k Packet Pg. 480 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 145 October 2020 With the development of the proposed Project, it is expected that there will be a shift in traffic volumes from the two most critical movements listed above. As a result of "pass -by" effect, it is expected that during the morning peak -hour periods, some of the vehicular traffic making the westbound left-turn movement at the I-215 Southbound Ramp-Kendall Drive/ Palm Avenue intersection would continue through the intersection in order to access the site. This shift in traffic patterns would help alleviate some of the existing observed queuing issues. Similarl y, during the afternoon peak-hours, it is expected that a portion of the vehicular traffic from the Northbound right-turn lane at the I-215 Northbound Ramp/Palm Avenue intersection would instead turn left to go to the site, therefore improving the balancin g of the available storage capacity of the existing off-ramp. Operational Safety Enhancements to Address Existing Conditions Improvements that should be evaluated for local operational safety enhancements would include the measures noted in COA TRF-2 below. Note that these measures are recommended Conditions of Approval to enhance existing operational safety conditions, and are not required mitigation measures, as the Caltrans Safety Analysis shows that the Project itself will not result in a significant operational safety impact. In accordance with SB743, Caltrans no longer considers ramp or intersection LOS as a basis for CEQA significance, but rather relies on an operational safety analysis, which is discussed further in Appendix G2 - VMT and Safety Review, to this Initial Study. These improvements would assist with decreasing speeds of vehicles exiting the freeway as well as providing better separation for those vehicles existing and entering the freeway ramps. These improvements would be limited to the Caltrans ROW and will not increase roadway capacity. The proposed recommendations would improve the safety operations of the existing interchange. Conditions of Approval COA TRF-1 The applicant shall pay a fair share toward installation of a traffic signal at the intersection of Hallmark Pkwy/Industrial Pkwy & Palm Ave. COA TRF-2 Although the Caltrans facility LOS impacts are not required to be mitigated per CEQA and SB743, the applicant is willing to provide fair share funding of these improvements to Caltrans, provided that the funding is restricted to the specific operational enhancements noted below. The ultimate decision, design and timing of any improvements on Caltrans facili ties are outside the control of the City of San Bernardino. As these physical improvements are not required to mitigate a CEQA significant impact, this is not a CEQA issue, but rather a good -faith measure by the applicant and City to enhance the existing operational safety conditions at the identified Caltrans ramps. The following conditions of approval are recommended, as set forth below: 6.k Packet Pg. 481 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 146 October 2020 • Installation of signage and markings to enhance the visibility of the sharp curve at the southbound off-ramp; • Installation of a barrier separating the southbound off-ramp and the southbound on-ramp traffic; • Optimization of the traffic signal timing for both ramps, including the installation of new controllers with Adaptive Traffic Control capabilities and upgrades to the all yellow and red phasing; • Installation of an Eastbound Left-Turn pocket at the I-215 NB ramps; • Evaluate and upgrade if needed the existing traffic signal heads at ramp intersections, including a visibility evaluation of existing traffic signal heads; • Refresh all existing striping within the interchange to meet latest CA -MUTCD standards; • Evaluate and upgrade if needed all existing regulatory and warning signs within the I-215 interchange; • Evaluate the installation of a pedestrian crosswalk at west leg of the I-215 Southbound off-ramp; and • Evaluate and upgrade existing pavement along Palm Avenue between the I - 215 ramps and the project entrances. (b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Less Than Significant. This section documents Vehicle Miles Traveled (VMT)/SB743 considerations for the Project, provided as Appendix G2 of this Initial Study . The City recently adopted VMT guidelines pursuant to SB743. The Ci ty Guidelines provide details on appropriate screening thresholds that can be used to identify when a proposed land use project is anticipated to result in a less than significant impact without conducting a more detailed level analysis. Screening thresholds are broken into the following three steps: 1. Transit Priority Area (TPA) Screening 2. Low VMT Area Screening 3. Project Type Screening A land use project needs only meet one of the above screening thresholds to be presumed to result in not significant impact under CEQA pursuant to SB 743. Transit Priority Area (TPA) Screening The Project site is well served by public transit provided by OmniTrans. The sbX Green Line ends on the west side of Kendall south of Palm Avenue and provides a park and ride lot. The Project is 6.k Packet Pg. 482 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 147 October 2020 located within half a mile of Transit Priority Area (TPA). Based on the Project’s proximity to a major transit station, the Project can be presumed to have a less than significant impact based on its proximity to transit. Attachment A to the VMT and Safety Analysis provided as Appendix G2 of this Initial Study, includes a copy of the sbX (CSUSB to VA Hospital) service route map showing that Palm Avenue and Kendall Street is served by the route. The TPA Screening threshold is met, and therefore the Project does not have a significant VMT impact. Low VMT Area Screening The City Guidelines states that "residential and office projects located within a low VMT - generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary. In ad dition, other employment-related land use project may qualify for the use of the screening if the project can reasonably be expected to generate VMT per resident, per worker or per service population that is similar to the existing land uses in the low VMT area." The Screening Tool uses the sub-regional San Bernardino Transportation Analysis Model (SBTAM) to measure VMT performance within individual traffic analysis zones (TAZ's) within the SBCTA region. The Project's physical location based on the APN is input into the Screening Tool to determine VMT generated by the existing TAZ as compared to the City's impact threshold of "better than General Plan Buildout VMT per service population." The parcel containing the proposed Project was selected and the Screening Tool was run for the Origin/Destination VMT per service population measure of VMT. Based on the Screening Tool results (Attachment B to the VMT and Safety Analysis, provided as Appendix G2 to this Initial Study ), the Project is not located within a low VMT generating zone. The Low VMT Area screening threshold is not met. Project Type Screening The Technical Advisory on Evaluating transportation Impacts in CEQA (December 2018) prepared by the Governor’s Office of Planning and Research (OPR) identifies that by adding retail opportunities into the urban fabric and thereby improving retail destination proximity, local - serving retail development tends to shorten trips and reduce VMT. Generally, retail development including stores less than 50,000 square feet might be considered local serving. The proposed Project is less than 50,000 square feet and is not anticipated to lead to substitution of longer trips for shorter ones. Therefore, consistent with the City Guidelines, the project is presumed to have a less than significant impact on VMT. The Project Screening threshold is met; therefore, the Project does not have a significant VMT impact. One of the major considerations in evaluating SB 743 considerations for a project, is how the December 2018 guidance provided by the Governor’s Office of Planning and Research (OPR) or the lead agency’s guidelines applies to its evaluation. The guidance does not specifically address the development of Travel Centers and as such there is no clear approach to evalua ting this facility. In the absence 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 6.k Packet Pg. 483 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 148 October 2020 length and frequency. Given the description, four types of trips were broadly considered for this development given its context: (1) employee commute trips; (2) automobile and truck trips related to the Travel Center; and (3) other trips related to functioning of the retail uses , and (4) local serving retail trips. The following discussion is provided regarding these four broad trip types. (1) Employee commute trips. The Southern California Association of Government (SCAG) Local Profile Report (May 2019) for the City of San Bernardino identifies 26.2% of commuters work and live in San Bernardino, while 73.8% commute to other places. 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) Automobile and Truck trips related to Travel Center. 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. 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, it is reasonable to assume that the location of this project adjacent to the I -215 Freeway interchange offers services for traveling public and truck drivers that are on the roadway system and need to stop for services. With the exception of employee commute trips described above, the trips for this type of use are generally pass -by or diverted from I-215, as discussed in detail within the TIA (Appendix G). Accordingly, it is reasonable to assume that Travel Center would not generate new demand but meets existing demand that would shorten the distance that customers, or visitors would othe rwise travel. (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, employee lunches off - site, maintenance teams for on-site infrastructure, 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 three trip types discussed. (4) Local-serving retail trips. New retail development typically redistributes shopping trips rather than creating new trips. By adding retail opportunities to the area thereby improving retail destination proximity, local -serving retail development tends to shorten trips and reduce VMT. 6.k Packet Pg. 484 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 149 October 2020 Finally, it is worth noting that while this facility is expected to provide additional jobs and some related trips to the area, the facility itself is not expected to be the principal catalyst for new 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 a likely existing demand for services for road users already on the roadway network. 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. As shown above, the Project satisfies two of the City’s VMT screening thresholds and as such will not have a significant VMT im pact. In consideration of this and the other factors discussed above, the Project will not result in a significant impact under CEQA pursuant to SB 743. As such, 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)? Less than Significant. 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 Initial Study. The Project site plan presented on Exhibit 5 (previously referenced) indicates that vehicular access provisions for the Project site would consist of three passenger car driveways and one truck driveway. • Driveway 1 – Full-movement passenger car driveway located on Industrial Parkway. • Driveway 2 – Right-in/right-out passenger car driveway located on Palm Avenue. • Driveway 3 – Full-movement passenger car driveway located on Kendall Drive. • Truck Driveway – Full movement truck-only driveway located on Kendall Drive that would allow access to the truck fueling and truck parking area of the site. The P roject plans to provide a 20-foot reciprocal access on Industrial Parkway to the truck fueling area if secondary access to the site’s fuel tanks is required. The Project would construct pedestrian sidewalk improvements along Project frontage on Palm Avenue and portions of Industrial Parkway and Kendall Drive. The driveways and internal driving aisle would allow for trucks and vehicles to move throughout the facility. The internal traffic system within the P roject site has been designated to be both efficient and safe for vehicular and pedestrian traffic, with the separate truck driveway and truck fueling bays providing separation of truck traffic from passenger vehicles, light -duty trucks and pedestrians. There will be no incompatible or hazardous uses associated with the Project. Therefore, no impact will occur. 6.k Packet Pg. 485 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 150 October 2020 (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 provided by the San Bernardino County Fire District (SBCFD). More specifically, the City service coverage is provided by SBCFD Division 6, being l ed by Assistant Chief John Chamberlin. 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. 6.k Packet Pg. 486 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 151 October 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 July 6, 2020, the City of San Bernardino initiated AB52 consultation with the applicable Tribes, which include: Gabrielino Band of Mission Indians – Kizh nation (Gabrielino), San Manuel Band of Mission Indians (SMBMI), and Soboba Band of Luiseno Indians . Additionally, pursuant to Government Code Section 65352.3 (Senate Bill [SB] 18), since the Project requires a General Plan Amendment, consultation with the Native American Heritage Commission (NAHC) tribes took place on July 1, 2020. The City also concurrently initiated SB18 consultation with the tribes on July 6, 2020. Consultation has been completed for SMBMI and Soboba and is in process for Gabrieleno (see discussion below). Refer to the IS/MND checklist discussions for additional information (Checklist Section 5, Cultural Resources). 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 6.k Packet Pg. 487 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 152 October 2020 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 with Mitigation. The Project site is a heavily disturbed vacant lot that has been previously graded and is currently used as a truck parking area for overnight passer -by truck drivers. The southern portion of the site is heavily compacted from truck parking and the northern portion is traversed by a dirt access road utilized by truck as one of the entries to the site. According to the Cultural Resources report, the NAHC records search revealed that findings were positive. The NAHC did not indicate the nature or location of the resource(s) but recommended contacting the tribes for more information. Native American groups may have knowledge about cultural resources in the area and may have concern s about adverse effects from development on tribal cultural resources as defined in PRC §21074. Consistent with NAHC’s response, on August 9, 2020, SMBMI noted that the proposed Project area exists within a sensitive portion of Serrano ancestral territory and, therefore, is of interest to the Tribe. However, due to the disturbed nature of the Project location, SMBMI does not have any concerns with the Project’s implementation, as planned, at this time. As a result, SMBMI requests that the following Mitigation Measures TCR-1 through TCR-3 be made a part of the Project/permit/plan conditions. The Soboba tribe did not request formal consultation. Gabrieleno responded to the City’s AB52 and SB18 consultation letters on July 17, 2020 and requested formal consultation. The City and its representatives attempted on several occasions to arrange a consultation call, and also provided the Gabrieleno tribe with additional information. As of this date, a consultation call is scheduled for September 30, 2020. The Gabrieleno tribal representatives will have the opportunity to review and comment on the Draft IS/MND and may also provide formal comments or request further information at that time. The proposed Project is ultimately not l isted 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 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 notified, as detailed in CR-1, regarding any cultural resources discovered during project construction, and shall be provided information regarding the nature of the find, so as to provide appropriate Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA, 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 6.k Packet Pg. 488 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 153 October 2020 that represents applicable tribal entities for the remainder of the project construction (until site grading and excavations are completed), should the applicable tribal entity(ies) elect to place a monitor on-site. MM TCR-2 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 applicant shall, in good faith, consult with SMBMI and the Gabrieleno Band of Mission Indians throughout the construction of the project. 6.k Packet Pg. 489 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 154 October 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; and • City of Loma Linda. Water services are provided by the SBMWD.46 SBMWD obtains 100 percent of its water from the Bunker Hill Groundwater Basin, a sub-basin of the San Bernardino Basin Area (SBBA). Management of this groundwater basin is cdinated through Valley District. 46 General Plan. 2005. Sewerage Service Area Boundaries, Figure U-1 / Water Service Area Boundaries, Figure U-2. 6.k Packet Pg. 490 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 155 October 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 cau se significant environmental effects? Less than Significant. The Project site is undeveloped and does not currently have utility service on-site, although existing utilities are located in adjacent streets, with minor extensions and connections needed to serve the site. These extensions and connections are briefly discussed below and are shown on Project plans described in Section 2.5, Proposed Project Characteristics. Potential impacts of these extensions would be less than significant, as these facilities will be constructed within existing City streets. Existing 8” sewer lines extend just to the east and southeast of the Project site along Palm Avenue. A 30” and 36” water lines extend from the SBMWD water tanks contiguous to the west and runs along the Project access road/Industrial Parkway to Palm Avenue which also has an existing 12” water line. Two existing 8” curb and gutters and located along Palm Avenue, and two more along Kendall Drive. Additionally, an existing 8” sewer line runs from the Project access road/Industrial Parkway northerly along Palm Avenue. Manholes are located on Palm Avenue. An existing gas line terminal is located next to the Truck Driveway on the northwest corner of the site. 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, of the City’s Municipal Code, along with new storm drain, sewer, water, and dry utility connections along the Project frontage as shown in Exhibit 6, Preliminary Site Plan. Onsite improvements include storm drains, stormwater/water quality retention basins, sewer, water and dry utility systems. The utility improvements noted above will be within the Project site, or within existing adjacent streets and 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 only source of water supply for the SBMWD and management of this groundwater basin is coordinated through Valley District. It has the capacity 6.k Packet Pg. 491 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 156 October 2020 to provide 70,000 acre-feet per year of water from groundwater. The basin, similar to a very large underground lake, is replenished naturally by local precipitation and by stream flow from rain and snowmelt from the San Bernardino Mountains and SBMWD. 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 mos t closely represents median runoff levels and patterns. Table 39, 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 39: 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 Source: 2015 San Bernardino Valley Regional Urban Water Management Plan, page 10 -25. Single Dry Year The single-dry year may differ for various sources. In Table 40, 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 26 demonstrates the SBMWD anticipates adequate supplies for years 2020 to 2040 under single-dry year conditions. Table 40: 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 Source: 2015 San Bernardino Valley Regional Urban Water Management Plan, page 10 -25. 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 41, 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. 6.k Packet Pg. 492 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 157 October 2020 Table 41: 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 Source: 2015 San Bernardino Valley Regional Urban Water Management Plan, page 10 -25. As shown on Table 41, SBMWD anticipates adequate supplies for years 2020 to 2040 under multiple-dry year conditions based on current land use projections.47 The Project’s average daily water demand is estimated at 2,005 gallons per day (gpd) based on typical water demand rates published by the California Home Building Foundation.48 Project water demands would be similar, if not higher, as that anticipated under current site zoning of General Commercial – 1 (CG-1) which could actually allow a much more intense use, as noted on Table 2, and as such are already factored into local and regional water supply planning. As noted above, SBMWD anticipates adequate water supplies to serve its customers through the current 2040 horizon year. Therefore, impacts are considered less than significant. (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 Municipal Water Department (SBMWD) is the wastewater treatment provider for most of the City of S an Bernardino and for the Project site. The SBMWD owns and operates the San Bernardino Water Reclamation Plant (SBWRP). The SBWRP treats municipal wastewater generated in the City of San Bernardino, the City of Loma Linda, and East Valley Water District.49 Sewer collection systems within SBMWD’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 trea ted at SBWRP to a secondary treatment level. SBWRP has a current capacity of 33 MGD or 36,948 AFY, but current average annual flow is approximately 29,000 AFY. In accordance with these studies, Table 42, 47 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. 48 [Travel Center/Convenience Store – (.10/day/14,000 SF = 1,400 gpd)] and [Fast Food – (.11/day/5,500 SF = 605 gpd)] 49 City of San Bernardino. 2005. General Plan, page 9-4. 6.k Packet Pg. 493 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 158 October 2020 Current and Projected Wastewater Collection and Trea tment, shows existing and anticipated wastewater collection and treatment at the San Bernardino Water Reclamation Plant. Table 42: 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 July 10, 2020. The Project’s average wastewater generation is estimated at 1,560 gallons per day (gpd) based on typical demand rates contained in SBMWD’s Wastewater Collection System Master Plan. Project wastewater demands would be similar as that anticipated under current site zoning of General Commercial, and as such are already factored into the City’s wastewater system planning. The SMBWD forecasts adequate capacity to treat wastewater in the upcoming years. Existing infrastructure surrounding the Project site 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 system improvements. Based on this, the proposed Project will have a le ss than significant impact on the SBMWD’s ability to collect and 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.50 CalRecycle publishes estimated waste generation rates for different land uses. The estimated solid waste generation rates for a commercial retail use is estimated at approximately 0.046 lbs / square feet / day.51 Under this assumption (0.046 lbs x 18,500 sq. ft. x day), the Project would 50 CalRecycle. 2019. SWIS Facility Detail. Available at https://www2.calrecycle.ca.gov/swfacilities/Directory/36 -AA-0055/, accessed July 9, 2020. 51 CalRecycle. 2019. Estimated Solid Waste Generation Rates, Commercial Retail . Available at https://www2.calrecycle.ca.gov/WasteCharacterization/General/Rates, accessed July 9, 2020. 6.k Packet Pg. 494 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 159 October 2020 generate approximately 851 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. Solid waste would be generated during construction and operation of the proposed Project. The Solid Waste Reuse and Recycling Access Act of 1991 requires that adequate areas be provided for collecting and loading recyclable materials such as paper, products, glass, and other recyclables. City of San Bernardino Municipal Code Section 8.24.100 Construction and Demolition Debris Recycling Program regulates solid waste handling and mandates that sufficient receptacles be in place on -site to accommodate refuse and recycling. The proposed Project is an industrial facility which would not involve the production or handling of acutely toxic or otherwise hazardous materials. Municipal Code Section 8.24.100 complies with federal, state and local solid waste regulations. As such, with compliance to Municipal Code Section 8.24.100, a less than significant impact would occur. Standard Conditions and Requirements 1. As required by City of San Bernardino Municipal Code Section 19.30.110, Underground Utilities, the Project would comply with the installation requirements for undergrounding utilities. 2. As required by City of San Bernardino Municipal Code Section 8.24, Solid Waste Collection, Removal, Disposal, Processing and Recycling of waste must be controlled and regulated through the provisions of this chapter. 6.k Packet Pg. 495 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 160 October 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 In 2008, CALFIRE will produce Fire Hazard Severity Zone maps for the areas of California where local governments have financial responsibility for wildland fire protection, known as local responsibility areas (LRA). In 2008, the California Building Standards Commission adopted California Building Code Chapter 7A requiring new buildings in Very High Fire Hazard Severity Zones to use ignition-resistant construction methods and materials. (a) Substantially impair an adopted emergency response plan or emergency evacuation plan? Less than Significant Impact With Mitigation Incorporated. As previously noted in Checklist Section 9, Hazards and Hazardous Materials, t he proposed Project is neither in an EFHA nor in a MFHA.52 The nearest EFHA and MFHA areas are located approximately 1.0 mile and 1.5 miles north, respectively. However, according to CALFIRE, northern portions of the City of San Bernardino, including the Project site are designated Very High Fire Hazard Severity Zones (VHFHSZ). CALFIRE designates the Project site to be located in a non-VHFHSZ within the LRA.53 Development on the Project site would be subject to compliance with the latest CBC. 52 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 July 19, 2020. 53 CALFIRE. 2020. Fire Hazard Severity Zones Viewer. Available at https://egis.fire.ca.gov/FHSZ/ . Accessed on September 15, 202 0. 6.k Packet Pg. 496 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 161 October 2020 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. In addition, Section 12.03.090 of the San Bernardino Municipal Code requires that any lane closure be approved prior to construction. As part of the encroachment permit approval process the City will notify public safety. The adjacent roadways would continue to provide emergency access to the Project site and surroundings during construction and operations. In addition, implementation of Mitigation Measures WF-1 and WF-2, which require conformance with the CBC and Fire Code, would be implemented. Therefore, impacts are considered less than significant with mitigation s incorporated. MM WF-1 Prior to the issuance of building permits, the Project applicant shall demonstrate, to the satisfaction of the City Building Official and the San Bernardino County Fire Chief, compliance with the latest CBC (Part 2 of Title 24 of the California Code of Regulations) and the latest California Fire Code (Part 9 of Title 24 of the California Code of Regulations), including those regulations pertaining to materials and construction methods intended to mitigate wi ldfire exposure as described in the CBC and California Residential Code; specifically California Building Code Chapter 7A; California Residential Code Section R327; California Residential Code Section R337; California Referenced Standards Code Chapter 12 -7A; and California Fire Code Chapter 49. MM WF-2 Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate, to the satisfaction of the City Building Official and the County Fire Chief, compliance with the vegetation management requirements prescribed in California Fire Code Section 4906, including California Government Code Section 51182. 6.k Packet Pg. 497 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 162 October 2020 (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? Less than Significant Impact With Mitigation Incorporated. 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 and I-215 along the foothills.54 Although the Project site is relatively flat, t he proposed Project is in the upper half portion of the City which is prone to high winds. However, as noted above in Response (a), the Project site is not located in a n EFHA or MFHA, according to the General Plan. As noted above, CALFIRE designates the Project site as a VHFHSZ. Although the Project site is not bounded by open fields or hillsides that could be prone to fire, the general area is prone to fires. As such, the Project would have a less than significant impact with Mitigation Measures WF-1 and WF-2 incorporated. (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 roads, all proposed Project components 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 document. The Project does not represent a significant impact relative to fire risk, as discussed in Response (a) above. 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 reduce the potential to exacerbate fire risk. 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. As discussed in Section 7, Geology and Soils, and Section 10, Hydrology and Water Quality, the Project site is not located in a landslide hazard area or a flood plain and no signs of flooding or erosion were visible during the geological study site visit. There are no natural drainage courses located on-site. The Project site is relatively flat and is not located in a landslide - prone zone.55 Therefore, no impact would occur. 54 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 July 20, 2020. 55 General Plan. 2005. Figure S-7 – Slope Stability and Major La ndslides, page 10-33. Available at Available at http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199. Accessed on July 20, 2020. 6.k Packet Pg. 498 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 163 October 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 . The cultural evaluation determined that no impacts would occur to historical or archaeological resources; however, for con servative and best practices, mitigation measures CUL-1 and CUL-2 have been incorporated to mitigate impacts. Additionally, tribal consultation is underway and SMBMI requested the incorporation of mitigation measures TCR-1 and TCR-2. Because of the heavy disturbed existing conditions of the site which is currently used as semi-truck overnight parking site and the lack of plant or wildlife resources (refer to Exhibit 5, Project Site Photos), it has been concluded that no impact to the environment, fish, or wildlife species would occur. The Project site does not have any trees onsite, nor does it have any streams or water features. The development of the Project site would not 6.k Packet Pg. 499 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 164 October 2020 limit/eliminate/hinder plant, animal/fish populations. Lastly, because of the existing barren condition of the site and the lack of any structures, no examples of major periods of California history exist on site. As such, a less than significant impact would occur. (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 With Mitigation Incorporated. The Project’s potential significant impacts have all been mitigated to less than significant levels. The IS/MND includes quantitative analysis of the Project’s cumulative contribution for air quality, greenhouse gas emissions, and traffic, all of which were determined to not be significant with mitigation, nor rep resent a cumulatively considerable contribution to a significant cumulative impact. The Project is not considered growth-inducing, as defined by State CEQA Guidelines (http://ceres.ca.gov/ceqa/guidelines /). The potential cumulative environmental effects of implementing the proposed Project would be less than considerable and thus, less than significant impacts. (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. 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. Additionally, no structures are present on-site, and no demolition would occur. Although a number of potential impacts to humans were identified, with implementation of the identified mitigation measures and standard conditions and requirements, these impacts are less than significant. No other environmental effects which could have substantial adverse effect on human beings, directly or indirectly, including air quality, noise, hazard and hazardous materials and wildfire would cause a significant impact with the appropriate Mitigation Measures incorporated. Therefore, a less than significant impact would occur. 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. 6.k Packet Pg. 500 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 165 October 2020 4.0 REFERENCES Project Specific Technical Studies: Kimley-Horn and Associates. September 2020. Air Quality, Greenhouse Gas. -----. August 2020. Health Risk Assessment. -----. July 2020. Noise Assessment. -----. July 2020. Preliminary Hydrology Study. -----. July 2020. Preliminary Water Quality Management Plan. -----. September 2020. Traffic Impact Analysis. -----. September 2020. VMT and Safety Analysis. BCR Consulting. September 2020. Cultural Resources Assessment. Jericho Systems. September 2020. Biological Resources Memo. Sladden Engineering. June 2020. Geotechnical Investigation and Percolation Report. Additional References: 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 June 29, 2020. -----. 2005. General Plan, Safety Element - Figure S-4, page 10-21. Available at http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=26199, accessed July 8, 2020. -----. 2005. General Plan. Figure NRC-1 – Potential Habitat for Sensitive Wildlife. -----. 2005. General Plan. Figure NRC-2 – Biological Resource Areas. -----. 2005. General Plan. Figure LU-2, Land Use Map. -----. 2005. General Plan. Figure S-2, Seven Oaks Dam Inundation Map. -----. 2005. General Plan. Figure S-5, Liquefaction Susceptibility. -----. 2005. General Plan. Figure S-6, Potential Subsidence Areas. -----. 2005. General Plan. Figure S-7 – Slope Stability and Major Landslides. -----. 2005. General Plan. Figure S-8 and S-9, Wind Hazards and Fire Hazard Areas. -----. 2005. General Plan. Figure NRC-3, Mineral Resources. -----. 2005. General Plan. Figure U-1, Sewerage Service Area Boundaries. -----. 2005. General Plan. Figure U-2, Water Service Area Boundaries. 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, July 7, 2020. California Energy Commission, California Energy Consumption Database. Available at https://ecdms.energy.ca.gov/, accessed on July 20, 2020. 6.k Packet Pg. 501 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) Palm and Kendall Travel Center Project City of San Bernardino Initial Study/Mitigated Negative Declaration Page 166 October 2020 California Mineral Resources. 2019. Available at: https://databasin.org/maps/new#datasets=f2985196ca6b45cf8f2ad604beb95b34. Accessed on July 9, 2020. 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 July 9, 2020. CalRecycle. 2019. SWIS Facility Detail. Available at https://www2.calrecycle.ca.gov/swfacilities/Directory/36-AA-0055/, accessed July 9, 2020. CalRecycle. 2019. Estimated Solid Waste Generation Rates, Commercial Retail. Available at https://www2.calrecycle.ca.gov/WasteCharacterization/General/Rates, accessed July 9, 2020. 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) Department of Conservation (DOC). 2019. California Important Farmland Finder – Williamson Act Map. Available at https://maps.conservation.ca.gov/dlrp/ciff/, accessed on July 7, 2020. -----. 2019. California Important Farmland Finder. Available at. https://maps.conservation.ca.gov/dlrp/ciff/, accessed on July 7, 2020. -----. 2019. California Important Farmland Finder – Williamson Act Map. Available at. https://maps.conservation.ca.gov/dlrp/ciff/, accessed on July 7, 2020. Department of Toxic Substances Control (DTSC) EnviroStor. 2019. Hazardous Waste and Substances Site List. Available at: https://www.envirostor.dtsc.ca.gov/public/map/?global_id=36990002. Accessed on July 9, 2020 FEMA. 2020. FEMA Flood Map Service Center: Search By Address. Available at https://msc.fema.gov/portal/search?AddressQuery=turlock%2C%20ca#searchresultsanchor, accessed July 10, 2020. -----. 2016. FEMA Flood Map Service center: Flood Map # 06071C7930J. Available at https://msc.fema.gov/arcgis/rest/directories/arcgisjobs/nfhl_print/mscprint_gpserver/jcc1ea44 353ec4758af3bda9795544c2d/scratch/FIRMETTE_063fc075-6f47-46a3-acaf-c73f0271a9d0.pdf. Accessed June 29, 2020. Natural Resources Conservation Resource (NRCS). 2020. Web Soil Survey. Available at https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx, accessed July 8, 2020. San Bernardino International Airport Authority, San Bernardino International Airport, Airport Layout Plan Narrative Report, November 2010. 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. State of California Energy Commission. 2018. California Energy Demand 2018-2030 Revised Forecast Figure 49: Historical and Projected Baseline Consumptio n, SCE Planning Area. 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. 6.k Packet Pg. 502 Attachment: Final Initial Study/Mitigated Negative Declaration (6986 : San Bernardino Travel Center (Ward 6)) 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 HRGSB NOTICE OF HEARING-SB General Plan Amendment 20-01, Development Code Amendment (Zoning Map Amendment) 20-02, Conditional Use Permit 20-10 and Public 11/21/2020 Publication Total $253.00 $253.00 Notice Type: Ad Description COPY OF NOTICE 3418076 !A000005581466! 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 PUBLIC HEARING Notice is hereby given that the City of San Bernardino Mayor and City Council will hold a public hearing on Wednesday,Decem ber 2,2020 at 7:00 p.m.,Web Conference via Zoom,San Bernardino,California 92410,on the following item(s): General Plan Amendment 20-01, Develop ment Code Amend ment (Zoning Map Amendmen t)20-02, Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04---A request to allow the change of the General Plan Land Use Designation from Commercial to Industrial and the Zoning District Classification from Commercial General (CG-1)to Industrial Light (IL)of ten (10)parcels containing a total of approximately 8.10 gross acres;allow the consolidation of ten (10)parcels containing a total of approximately 8.10 gross acres into two (2)parcels containing approximately 6.58 net acres (Parcel 1)and 1.40 net acres (Parcel 2);and allow the development, establishment and operation of a Travel Center (Parcel 1)comprised of a service station with ten (10) fueling pump islands and twenty (20)fueling pump stations, convenience store with an Alcoholic Beverage Control Type-20 (Off-Sale Beer and Wine)License containing approximately 14,000 square feet and restaurant with drive-thru containing approximately 4,485 square feet ,and truck fueling station with six (6)diesel lanes and over-night truck parking areas (Parcel 2).The project site is located on the southwest corner of N. Palm Avenue and W.Kendall Drive (APN:0266-021-17,18,27,32,33,34, 38,39,40 and 41). Environmental Determination: Mitigated Negative Declaration, pursuant to §15074 (Adoption of a Mitigated Negative Declaration)of the State CEQA Guidelines Owner:SB Universal Self Storage, LLC Applicant:Greens Development, Inc. The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items.The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions.The public is welcome to speak at the public 6.l Packet Pg. 503 Attachment: Public Hearing Notice (6986 : San Bernardino Travel Center (Ward 6)) hearing or to submit written comments prior to the hearing.For more information,please contact the Community and Economic Development Department at City Hall,or by phone at (909)384-7272. If you challenge the resultant action of the Mayor and City Council in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City Planning Division at,or prior to,the public hearing. 11/21/20 SBS-3418076# 6.l Packet Pg. 504 Attachment: Public Hearing Notice (6986 : San Bernardino Travel Center (Ward 6)) San Bernardino Travel Center Project General Plan Amendment 20-01, Development Code Amendment (Zoning Map Amendment) 20-02, Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04 Presented by Oliver Mujica, Planning Division Manager Community and Economic Development Department 6.m Packet Pg. 505 Attachment: Power Point Presentation (6986 : San Bernardino Proposed Project: Change the General Plan Land Use Designation from Commercial to Industrial Change the Zoning District Classification from Commercial General (CG-1) to Industrial Light (IL) San Bernardino Travel Center 8.10 Acres Southwest corner of N. Palm Avenue and W. Kendall Drive 6.m Packet Pg. 506 Attachment: Power Point Presentation (6986 : San Bernardino Project Description: Consolidation of ten (10) parcels (8.10 gross acres) into two (2) parcels (Parcel 1: 6.58 net acres) and (Parcel 2: 1.40 net acres) Parcel 1 - service station, convenience store with an ABC Type-20 (Off- Sale Beer and Wine) License and restaurant with drive-thru Parcel 2 - truck fueling station and over-night truck parking On November 10, 2020, the Planning Commission, by a unanimous vote, adopted Resolution No. 2020-053 forwarding a recommendation of approval. 6.m Packet Pg. 507 Attachment: Power Point Presentation (6986 : San Bernardino Aerial Map: 6.m Packet Pg. 508 Attachment: Power Point Presentation (6986 : San Bernardino Zoning Designation: 6.m Packet Pg. 509 Attachment: Power Point Presentation (6986 : San Bernardino 6.m Packet Pg. 510 Attachment: Power Point Presentation (6986 : San Bernardino 6.m Packet Pg. 511 Attachment: Power Point Presentation (6986 : San Bernardino 6.m Packet Pg. 512 Attachment: Power Point Presentation (6986 : San Bernardino 6.m Packet Pg. 513 Attachment: Power Point Presentation (6986 : San Bernardino 6.m Packet Pg. 514 Attachment: Power Point Presentation (6986 : San Bernardino 6.m Packet Pg. 515 Attachment: Power Point Presentation (6986 : San Bernardino 6.m Packet Pg. 516 Attachment: Power Point Presentation (6986 : San Bernardino 6.m Packet Pg. 517 Attachment: Power Point Presentation (6986 : San Bernardino 6.m Packet Pg. 518 Attachment: Power Point Presentation (6986 : San Bernardino View Southwesterly: 6.m Packet Pg. 519 Attachment: Power Point Presentation (6986 : San Bernardino View Easterly: 6.m Packet Pg. 520 Attachment: Power Point Presentation (6986 : San Bernardino View Southerly: 6.m Packet Pg. 521 Attachment: Power Point Presentation (6986 : San Bernardino View Northerly: 6.m Packet Pg. 522 Attachment: Power Point Presentation (6986 : San Bernardino Recommendation: Adopt Resolution No. 2020-283 adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 20-01; and Introduce for first reading, Ordinance No. MC-1550 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20-02; and Adopt Resolution No. 2020-284 of the Mayor and City Council of the City of San Bernardino, California, approving Conditional Use Permit 20-10 and Public Convenience or Necessity Letter 20-04; and Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on December 16, 2020. The Mayor and City Council: 1. 2. 3. 4. 6.m Packet Pg. 523 Attachment: Power Point Presentation (6986 : San Bernardino Page 1 Public Hearing City of San Bernardino Request for Council Action Date: December 2, 2020 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: CAPER FY 2019/20 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the submission of the Fiscal Year 2019/20 Consolidated Annual Performance and Evaluation Report (CAPER) to the United States Department of Housing and Urban Development. Background The City of San Bernardino is a direct recipient of Community Planning and Development formula grants (Community Development Block Grant [CDBG], HOME Investment Partnershi ps Program [HOME] and Emergency Solutions Grant [ESG]). As an entitlement city, the City is required to provide a report to the United States Department of Housing and Urban Development (HUD) on its performance in meeting the housing and community development goals and objectives in its approved Five -Year Consolidated Plan. The performance report is called the Consolidated Annual Performance Evaluation Report (CAPER). The CAPER is due to HUD by December 28, 2020. Discussion Every year the City receives CD BG, HOME and ESG program funds from HUD. The purpose of the funds is to assist the City in meeting the affordable housing and community development goals and objectives, in the City’s Five -Year Consolidated Plan, particularly for persons and families of lo w to moderate income. During 2019 - 2020 reporting period, the City of San Bernardino received $4,932,706 in CDBG, HOME and ESG funds. In order to identify the areas of greatest need and highest priorities in the community, the City undertakes a planning process known as the Consolidated Plan cycle. This process is documented by three reports: A. One Five-Year Consolidated Plan; B. Five annual Action Plans, and C. Five annual CAPERs. 7 Packet Pg. 524 6984 Page 2 Consolidated Plan The Consolidated Plan serves four primary functions: 1. It is a planning document for the community that is built upon public participation and input. 2. It serves as the application for HUD’s formula grant programs (CDBG, HOME and ESG) which focus on providing decent housing, suitable living environments, and expanded economic opportunities for low- and moderate-income families. 3. It identifies the City’s needs in the areas of housing, homelessness, community development, and economic development, and puts forward the City’s strategies and timetables for addressing those needs. 4. It serves as a five-year planning document for the use of HUD funds and implementation of programs that will meet local needs. The current Five -Year Consolidated Plan covers July 1, 2020 to June 30, 2025. One-Year Action Plan The one-year Action Plan describes specific projects and activities the City will undertake, as well as the financial resources it will use to meet the affordable housing and community development needs for a specific fiscal year. The 2019 -2020 Action Plan was adopted by the Mayor and City Council on August 7, 2019, the final of five Annual Action plans under the previous Consolidated Plan July 1, 2015 to June 30, 2020. Consolidated Annual Performance and Evaluation Report (CAPER) This report is the fifth and final CAPER under the previous Consolidated Plan. It outlines the City’s actual accomplishments for the period of July 1, 2019 through June 30, 2020. It also describes the City’s progress in meeting the goals and objectives outlined in the City’s Five -Ye ar Consolidated Plan. CAPER Summary Below is a summary table of the FY 2019/20 activity goals and outcomes. The City continues to make progress toward meeting its long -term goals. Under the category of Improve Facilities & Infrastructure the following pub lic facility projects were completed in FY 2019-2020: Jerry Lewis Swim Center Facility upgrades; Lytle Creek Roof Replacement; and the playground equipment replacement Phase 2 at Meadowbrook Fields, Lytle Creek Park, Wildwood Park, Harrison Canyon, and Spe icher Park, with the exception of the Citywide Concrete/ADA repairs. This project has been carried over to FY 2020-2021 and is anticipated to be completed in FY 2020 -2021. The Housing Rehabilitation project and Affordable Housing Construction project wer e delayed in FY 2019-2020 due to the pandemic. Those projects are anticipated in being completed in FY 2020-2021. The 2019-2020 CAPER contains detailed descriptions of annual goals and accomplishments (Attachment 1). Goals and Accomplishments Activity Source/Amount Unit of Measure Expected Goal Actual Goal Fair Housing CDBG: $66,000 Persons 3,000 2,094 7 Packet Pg. 525 6984 Page 3 Assisted Improve Facilities & Infrastructure CDBG:$2,218,37 7 Persons Assisted 30,000 272,950 Housing Rehabilitation HOME: $450,000 Household Unit 10 0 Economic Development CDBG: $23,755 Businesses Asst. 10 12 Emergency Solutions Grant (ESG) ESG: $286,534 Persons Assisted 350 425 Affordable Housing Construction HOME: $701,786 Household Unit 10 2 Citizen Participation Federal regulations require that the CAPER be made available to citizens for public comment and to be considered by the Mayor and City Council at a public hearing. In accordance with HUD guidelines, a notice was published in El Chicano on October 29, 2020 and in the San Bernardino Sun on November 2, 2020, inviting the public to comment on the draft CAPER. The CAPER was also made available on the City’s website, Community and Economic Development website, and the City’s Information Center. Environmental Compliance In accordance with Secti on 15378 of the California Environmental Quality Act (CEQA) and 24 CFR 58.34(a) of the National Environmental Protection Act (NEPA), the development of the Consolidated Annual Performance and Evaluation Report is exempt and therefore, not subject to its provisions. 2020-2025 Key Strategic Targets and Goals The submission of the CAPER will align with Key Target Goal No. 3 Improved Quality of Life by putting forward the City’s strategies and timetables to ensure that public projects and programs, in the areas of housing, community development, and economic development, benefit the residents of San Bernardino. Fiscal Impact The submission of the CAPER does not have an impact to the City's General Fund. The activities described in the CAPER were funded entir ely with federal funds from HUD. The submission of the CAPER is a condition for the City to continue receiving federal funds. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the submission of the Fiscal Year 2019/20 Consolidated Annual Performance and Evaluation Report (CAPER) to the United States Department of Housing and Urban Development. Attachments Attachment 1 FY 2019-2020 Consolidated Annual Performance and Evaluation Report Attachment 2 Proof of Publication 7 Packet Pg. 526 6984 Page 4 Ward: All Synopsis of Previous Council Actions: August 7, 2019 Mayor and City Council approved the City’s draft Fiscal Year 2019/20 Action Plan. 7 Packet Pg. 527 CAPER 1 OMB Control No: 2506 -0117 (exp. 06/30/2018) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The City of San Bernardino (the "City) is a direct recipient of Community Planning and Development formula grants (e.g. Commu nity Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant). As an Entitlement City, t he City is required to provide a report to the United States Department of Housing and Urban Development (HUD) on its performance in meeting the hou sing and community development priorities listed in its approved Five -Year Consolidated Plan. This report is called the Consolidated Annual Performance Evaluation Report (CAPER) and is due to HUD by or before December 28, 2020. This Consolidated Annual Performance and Evaluation Report (CAPER) outlines the City’s actual accomplishments for the fifth program yea r period of July 1, 2019 through June 30, 2020. It also describes the City’s progress in meeting the goals and objectives outlined in the City’s Five -Year Consolidated Plan. As a result of the COVID-19 virus, the City of San Bernardino declared a state of emergency. Under the authority of 24 CFR 5.110 and CFR 91.600, HUD determined a good cause and subject to statutory limitations, waive regulatory provisions, such as submission of the FY 2019-2020 CAPER to HUD within 180 days after the close of the City's program year. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. 7.a Packet Pg. 528 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report CAPER 2 OMB Control No: 2506 -0117 (exp. 06/30/2018) Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Expand Home Ownership Opportunities Affordable Housing HOME: $701,786 Homeowner Housing Added Household Housing Unit 25 1 4.00% 10 2 20.00% Fair Housing Affordable Housing CDBG: $66,000 Public service activities for Low/Moderate Income Housing Benefit Households Assisted 12500 6157 49.26% 3000 2094 69.80% Improve Facilities and Infrastructure Non-Housing Community Development CDBG: $2,218,377 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 30 1 3.33% 30,000 272,950 909.83% Improve Neighborhood Conditions Affordable Housing CDBG: $0 Buildings Demolished Buildings 75 27 36.00% 0 0 0.00% Improve Neighborhood Conditions Affordable Housing CDBG: $0 Housing Code Enforcement/Foreclosed Property Care Household Housing Unit 4000 874 21.85% 0 0 0.00% New Affordable Housing Construction Affordable Housing CDBG: $180000 HOME: $830000 Homeowner Housing Added Household Housing Unit 3 99 66.67% 3 2 7.a Packet Pg. 529 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report CAPER 3 OMB Control No: 2506 -0117 (exp. 06/30/2018) Planning and Administration Administration CDBG: $673,282 HOME: $127,976 ESG: $21,490 Other Other 1 1 100.00% 1 1 100.00% Preserve and Rehabilitate Housing Affordable Housing HOME: $450,000 Homeowner Housing Rehabilitated Household Housing Unit 65 21 32.31% 10 0 0.00% Promote Economic Development Non-Housing Community Development CDBG: $751,194 Jobs created/retained Jobs 300 10 3.33% 465 0 0.00% Promote Economic Development Non-Housing Community Development CDBG: $23,755 Businesses assisted Businesses Assisted 10 10 100.00% 10 12 120.00% Provide Supportive Services Homeless Non-Homeless Special Needs ESG: $265,044 Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 45000 26480 58.84% 350 425 Provide Supportive Services Homeless Non-Homeless Special Needs Part of ESG Funding Tenant-based rental assistance / Rapid Rehousing Households Assisted 20 35 175.00% 20 28 140.00% Provide Supportive Services Homeless Non-Homeless Special Needs Part of ESG Funding Homeless Person Overnight Shelter Persons Assisted 300 535 178.33% 50 65 130.00% Provide Supportive Services Homeless Non-Homeless Special Needs Part of ESG Funding Overnight/Emergency Shelter/Transitional Housing Beds added Beds 80 100 125.00% 220 163 74.09% 7.a Packet Pg. 530 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report CAPER 4 OMB Control No: 2506 -0117 (exp. 06/30/2018) Provide Supportive Services Homeless Non-Homeless Special Needs Part of ESG Funding Homelessness Prevention Persons Assisted 200 272 136.00% 60 97 161.67% Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. City staff continues to achieve the goals and objectives of the Consolidated Plan. Staff's assessment of the 2019-2020 CAPER indicates there was no activity in some areas such as demolition of buildings, code compliance, jobs created. This i s due to the ineligibility of the demolition and code activities, and a lack of economic development activities. Direct financial assistance to homebuyers was provided via a City carryback silent second. Additionally, the City has lacked adequately trained staff. The City has developed policies and procedures for both HOME and CDBG and will work to develop program guidelines to implement a homebuyer program. The City will not undertake code compliance activities or demolition with CDBG funds unless they meet the appropriate eligibility criteria. City staff will make necessary adjustments to make changes and/or comply with the City's goals and objectives with what can be achieved with the given resources. 7.a Packet Pg. 531 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report CAPER 5 OMB Control No: 2506 -0117 (exp. 06/30/2018) CR -10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME ESG White 1,974 0 195 Black or African American 11 0 203 Asian 29 0 0 American Indian or American Native 18 0 4 Native Hawaiian or Other Pacific Islander 1 0 7 Total 2,033 0 409 Hispanic 849 0 137 Not Hispanic 61 0 16 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative The 2010 United States Census reported that San Bernardino had a population of 209,924. The racial makeup of San Bernardino was 95,734 (45.6%) White (19.0% Non -Hispanic White), 31,582 (15.0%) African American, 2,822 (1.3%) Native American, 8,454 (4.0%) Asian, 839 (0.4%) Pacific Islander, 59,827 (28.5%) from other races, and 10,666 (5.1%) from two or more races. Hispanic or Latino of any race was 125,994 persons (60.0%). 7.a Packet Pg. 532 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 6 OMB Control No: 2506 -0117 (exp. 06/30/2018) CR -15 - Resources and Investments 91.520(a) Identify the resources ma de available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal 3,912,608 3,661,773 HOME public - federal 2,109,762 1,001,740 ESG public - federal 286,534 244,674 Table 3 - Resources Made Available Narrative During PY 2019-2020 the City of San Bernardino was allocated a total of $3,366,410 in Community Development Block Grant Funds, $1,279,762 in HOME Investment Partnership (HOME) funds and $286,534 in Emergency Solution Grant funds available to use for programs and projects to address the goals and objectives in the 2015-2020 Five Year Consolidated Plan and 2019-2020 Annual Action Plan. Any HOME funds used by the City during PY 2019-2020 to support the development of affo rdable housing were (i.e. loan repayments, unspent funds, etc.) pre -2015 HOME funds. Expenditure of Program Funds The City of San Bernardino invested $3,661,773 in CDBG, $1,001,740 in HOME and $244,674 in ESG on projects and programs that benefit low and moderate income residents and/or prevent blighted conditions that exist in the City. Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Citywide 100% 100% Met variety of community development and housing needs. Table 4 – Identify the geographic distribution and location of investments Narrative CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino boundaries where 51 percent or more of the households residing in those areas are low - to-moderate- income. Much of the City qualifies as a CDBG Benefit Service Area. Based on 2007-2011 CHAS data, approximately 59 percent (59%) of households in the City are considered to have low - or moderate - incomes. The City used its funds to finance a variety of housing, community development, economic development, and capital improvement projects. During PY 2019-2020, the City's CDBG funding was 7.a Packet Pg. 533 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 7 OMB Control No: 2506 -0117 (exp. 06/30/2018) used to finance projects targeting low- to moderate income neighborhoods throughout the City. HOME and ESG projects are not funded in Specific target areas. All target areas are Citywide. Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. In FY 2019-2020 the City was 100% exempt from its HOME match. The following outlines how the City's subrecipients were able to implement their programs by leveraging federal funds with other sources. For PY 2019-2020 a total of $1,186,383 in other federal state, local and private resources were used to leverage the City's CDBG funds: PY 2019-2020 ESG SubRecipient Match Community Action Partnership of San Bernardino County - $82,735.44 (other federal funds) Family Service Association of Redlands - $135,000 (other federal sources) Lutheran Social Services - $120,000 (private funds) Salvation Army - $673,925 (private funds) Step Up On Second Street - $174,723 (other federal funds) Fiscal Year Summary – HOME Match 1. Excess match from prior Federal fiscal year 0 2. Match contributed during current Federal fiscal year 0 3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 0 4. Match liability for current Federal fiscal year 0 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 0 Table 5 – Fiscal Year Summary - HOME Match Report 7.a Packet Pg. 534 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 8 OMB Control No: 2506 -0117 (exp. 06/30/2018) Match Contribution for the Federal Fiscal Year Project No. or Other ID Date of Contribution Cash (non-Federal sources) Foregone Taxes, Fees, Charges Appraised Land/Real Property Required Infrastructure Site Preparation, Construction Materials, Donated labor Bond Financing Total Match Table 6 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report Program Income – Enter the program amounts for the reporting period Balance on hand at begin- ning of reporting period $ Amount received during reporting period $ Total amount expended during reporting period $ Amount expended for TBRA $ Balance on hand at end of reporting period $ 1,147,335 504,000 420,677 0 1,230,658 Table 7 – Program Income 7.a Packet Pg. 535 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report CAPER 9 OMB Control No: 2506 -0117 (exp. 06/30/2018) Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Contracts Dollar Amount 0 0 0 0 0 0 Number 0 0 0 0 0 0 Sub-Contracts Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Total Women Business Enterprises Male Contracts Dollar Amount 0 0 0 Number 0 0 0 Sub-Contracts Number 0 0 0 Dollar Amount 0 0 0 Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Table 9 – Minority Owners of Rental Property 7.a Packet Pg. 536 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 10 OMB Control No: 2506 -0117 (exp. 06/30/2018) Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0 Businesses Displaced 0 0 Nonprofit Organizations Displaced 0 0 Households Temporarily Relocated, not Displaced 0 0 Households Displaced Total Minority Property Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Cost 0 0 0 0 0 0 Table 10 – Relocation and Real Property Acquisition 7.a Packet Pg. 537 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 11 OMB Control No: 2506 -0117 (exp. 06/30/2018) CR -20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low -income, low-income, moderate-income, and middle-income persons served. One -Year Goal Actual Number of Homeless households to be provided affordable housing units 38 0 Number of Non-Homeless households to be provided affordable housing units 165 0 Number of Special -Needs households to be provided affordable housing units 0 0 Total 203 0 Table 11 – Number of Households One -Year Goal Actual Number of households supported through Rental Assistance 0 0 Number of households supported through The Production of New Units 155 0 Number of households supported through Rehab of Existing Units 48 0 Number of households supported through Acquisition of Existing Units 0 0 Total 203 0 Table 12 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City of San Bernardino will continue to evaluate and assess the goals and outcomes identified in the 2015-2020 Five Year Consolidated Plan. For PY 2019-2020, progress toward meeting the City's five -year goals and objectives were marginal. As the City emerged from bankruptcy, most of the year was spent accessing its human and financial resources and developing a strategy that would keep the City solvent and help it grow and thrive. 7.a Packet Pg. 538 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 12 OMB Control No: 2506 -0117 (exp. 06/30/2018) The City met 51% of its annual goal for the num ber of homeless households . The reason between the City's one -year goal and the actual was because the City worked with the chronically homeless through the City's street outreach program. The chronically homeless are difficult to house because it is co stly and time consuming. An impact the City, and as most cities, faced in Mid March of 2020, was the COVID -19. On June 25, 2020, the City of San Bernardino officially declared the City as a Declared -disaster area due to the new coronavirus known as SARS -Co V -2 first detected in Wuhan, Hubei Province, People’s Republic of China, causing outbreaks of the coronavirus disease COVID -19 that has spread globally, in December 2019. As a consequence, the City is facing challenges in ensuring appropriate measures on how to prevent, prepare and respond to this pandemic. Many of its goals and outcomes came to a hault, which encountered problems in meeting some the goals. Discuss how these outcomes will impact future annual action plans. The City will continue to ass ess its progress in meeting its Consolidated Plan goals and objectives and make adjustments as necessary. These outcomes will allow us to be more optimistic in estimating how much the City can accomplish in future action plans. 1. The City partnered with Step Up On Second to permanently house 25 chronically homeless persons using the Housing First Model in PY 2019-2020. 2. Infill lots – there were two properties that were funded in PY 2017-2018 and were completed in PY 2019-2020. The properties are locate d at 939 N. “F” Street and 1045 N. “F” Street. Include the number of extremely low -income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 0 0 Low-income 0 0 Moderate -income 0 0 Total 0 0 Table 13 – Number of Households Served Narrative Information In FY 2019-2020, 25 households were provided affordable housing units . No homes were rehabilitated through the City's Owner Occupied Rehabilitation Loan Program (OORP). Two (2) single family affordable housing units were built with the City's infill housing program. Below is a breakdown of the households served by income: 7.a Packet Pg. 539 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 13 OMB Control No: 2506 -0117 (exp. 06/30/2018) The number of extremely low-income renter households: 2 The number of extremely low-income owner households: 0 The number of low-income renter households: 0 The number of low-income owner households: 0 The number of moderate -income renter households: 0 The number of moderate -income owner households: 0 The number of middle income persons served: 0 The number of homeless persons served: 0 7.a Packet Pg. 540 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 14 OMB Control No: 2506 -0117 (exp. 06/30/2018) CR -25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate t he jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City's Homeless Street Outreach Team continues to provide daily mobile outreach to the most service -resistant homeless population in San Bernardino. The Outreach Team will have generally engaged about 400 homeless individuals per year. During PY 2019-2020 the City continues to support the e fforts of its service providers in ending homelessness through the Regional Continuum of Care strategy. In terms of reaching out to homeless persons, the City continued with its initial objective of the Homeless Street Outreach Team. The City contracted w ith Step Up on Second, whose goal was to enhance the quality of life of residents of the City by meeting the social services needs of those within City boundaries who are experiencing chronic homelessness and mental health issues and/or chronic medical conditions. Their program consisted of street-based outreach and engagement. Outreach Workers assisted individuals with a variety of services that ranged from getting vital documents to medical services; transition into permanent supportive housing with case management. They also linked homeless persons and families to permanent supportive housing. Step Up on Second served and made connections with a total of 106 persons. 81 persons were linked to services within the City. Only 25 were housed. Addressing th e emergency shelter and transitional housing needs of homeless persons The City's initial objective in PY 2015 was to provide funds on an annual basis to a number of non -profit agencies that operate emergency shelters and transitional housing for the homel ess. The City continues to fund various organizations that provide emergency shelter and transitional housing for the homeless. During PY 2019-2020, ESG funds were awarded to the following non -profit agencies that specialize in providing support services and emergncy shelter to homeless populations: Family Service Association of Redlands served 75 persons under Emergency Shelter/Motel Voucher, Lutheran Social Services served 163 persons in their shelter. Salvation Army - Hospitality House served 85 women and children. 7.a Packet Pg. 541 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 15 OMB Control No: 2506 -0117 (exp. 06/30/2018) Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City of San Bernardino continues to fund various non -profit organizations that address the needs of low income residents that are at risk of becoming homeless. With the collaboration of these non -profit organizations and the City, a total of 125 persons were served. Case management, rapidly reconnecting them to permanent housing, Rapid Re -Housing, rental assistance and homelessness prevention were done when these non -profit organizations assisted their l ow-income individual clients and families. The Coordinated Entry System (CES) was used for clients to quickly identify, assess, refer and connect clients to housing assistance and services. Those clients exiting institutions or experiencing a housing cri ses were connected to CES to quickly place them in shelter while getting case management to place them in some type of housing. Once the clients were placed in either a shelter or housing, case management was still provided until the client was stabilized . The City has been collaborating with St. Bernadine's Hospital and Community Hospital in the City of San Bernardino. Homeless patients will be released to bridge housing, which Dignity Health and other health providers will pay for in order to assist pat ients in transitioning to permanent housing. The bridge housing will provide case management and housing navigation services. The housing opened in January of 2020. During PY 2019-2020, ESG funds were awarded to the following non -profit agencies that spe cialize in providing support services and Homelessness Prevention/Rapid Re -Housing to those that can become homeless: Community Action Partnership of San Bernardino served a total of 111 persons. 89 persons were served under Homelessness Prevention, 11 pe rsons were served for Rapid Re -Housing and 11 persons were served for Emergency Shelter/Motel Vouchers. Family Service Association of Redlands served 8 persons under Homelessness Prevention and 17 persons for Rapid Re -Housing. Helping homeless persons (esp ecially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again 7.a Packet Pg. 542 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 16 OMB Control No: 2506 -0117 (exp. 06/30/2018) The City's initial objective followed the County's 10-Year Strategy for Ending Homelessness, which included a recommendation to focus on discharge planing in order to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems . During PY 2016-2017, the City continued to support the “Zero Tolerance” discharge policy implemented by the San Bernardino County Homeless Partnership (SBCHP) through the implementation of the 10- Year Strategy for Ending Homelessness. In P Y 2019-2020, The City provided ESG funding to Step Up On Second that provides essential service referrals and housing placement services to homeless and near-homeless persons. They also provide daily street outreach to the most service -resistant homeless population in San Bernardino. Step Up on Second served 106 persons. 25 persons were housed. The funding for Step Up on Second will continue through PY 2020 -2021. 7.a Packet Pg. 543 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 17 OMB Control No: 2506 -0117 (exp. 06/30/2018) CR -30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public hou sing The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). HACSB administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing month ly rental assistance to participants who wnat to rent from a private landlord, but cannot afford the entire monthly rental payment. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The City does not own any public housing units, and therefore has not undertaken efforts to encourage public housing residents to become more involved in the management of public housing units. As for homeownership opportunities, the City has implemented a n Infill Housing Program that uses HOME funds to construct housing units on City -owned or Redevelopment Agency owned parcels which are sold to low-income qualified homebuyers. Accomplishments for this program hav e been reported in PY 2019-2020. The City also works with Inland Fair Housing and Mediation Board and Neighborhood Partnerships Housing Services, Inc. to provide First Time Homebuyer workshops to educate potential borrowers in the complete process of purchasing a home. These agencies also provide other services such as Default/Foreclosure Prevention and Reverse Mortgage counseling services; and financial education workshops that help homeowners preserve their housing. Actions taken to provide assistance to troubled PHAs The Housing Authority of th e County of San Bernardino (HACSB) accepts applications for Section 8 Project-Based housing for families and senior households. Each year HUD reviews and scores the housing authority’s Section 8 program management based on 14 different criteria. This score is a reflection of how well the Housing Authority manages the Section 8 waiting list, the physical quality of housing assisted with Section 8 and the financial management of the program. As a “Moving to Work Demonstration” provider, HACSB is not subject t o the traditional Public Housing Authority (PHA) and Section Eight Management Assessment Program (SEMAP) scoring; however, HACSB is a “High Performer” agency per HUD standards. 7.a Packet Pg. 544 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 18 OMB Control No: 2506 -0117 (exp. 06/30/2018) CR -35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the retu rn on residential investment. 91.220 (j); 91.320 (i) The City is currently working on a comprehensive update to the Development Code and will soon begin work of a new General Plan. The work includes eliminating constraints, with respect to land use regulations, by developing and adopting a new Development Code that unifies and simplifies the City’s development regulations and processes, and a new General Plan that will include land use designations to facilitate the development of housing and mixed -use deve lopment. The City is identifying its obstacles that slow down the City's housing pipeline and working to improve the enabling environment that includes internal and external policies and constraints. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small -lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on -site management. The City is anticipating amending the Development Code to incentivize lot consolidation and the reuse conversion of commercial space to housing. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower and moderate income households. The City will amend the Development Code to reflect the latest amendments to State density bonus law. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing in order to eliminate confusion and facilitate the review and approval process for this housing type. Streamlined Processing - The City is committed to co ntinuing the streamlining of development activities and is applying for an SB2 planning grant that will assist with streamlining. The City will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Per mit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lie u of a Conditional Use Permit (CUP) for certain qualified projects. 7.a Packet Pg. 545 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 19 OMB Control No: 2506 -0117 (exp. 06/30/2018) Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The greatest obstacle to meeting the needs of the underserved is a lack of public and private resou rces to fully address the priorities identified in this Consolidated Plan. The City of San Bernardino has targeted its CDBG, HOME and ESG in PY 2019-2020 to fund activities that meet the needs of the underserved. Additionally, the City is working with the Center for Community Investments (CCI) and Dignity Health in the Accelerating Investments in Healthy Communities (AIHC) initiative whose goal is to address the housing and health needs of the underserved in our community. Actions taken: 1. Development of Owner Occupied Rehabilitation to address health and safety needs of owner occupants; 2. ESG Street Outreach 3. Infill Housing utilizing blighted vacant lots for new owner housing to improve neighborhoods. Due to lack of public resources the City has pa rtnered in order to leverage additional resources with the Mexican Consulate, Inland Empire Small Business Development Center to train prospective future small business owners. Actions taken to reduce lead -based paint hazards. 91.220(k); 91.320(j) An estimated 17,809 housing units occupied by low - and moderate -income households in San Bernardino may contain lead -based paint; this constitutes approximately 27% of the City's housing stock. To reduce possible lead -based paint hazards, the City has taken the fo llowing actions: Included lead testing and abatement procedures in all rehabilitation activities, where appropriate. Monitored the lead-poisoning data maintained by the San Bernardino County Department of Health Services. Educated owner occupants, particip ating in City funded rehab programs on the health hazards of lead-based paint through the use of brochures and encouraged screening children for elevated blood-lead levels. Sent housing staff to the Lead Safe Housing Rule Amendment Training. Sent subrecipient/CHDO staff to the Lead Safe Housing Rule Amendent Training. Procedurally, the City will continue to monitor the HUD website for any revisions to the lead -paint hazards regulations and ensure that the City’s policies and procedures remain current. 7.a Packet Pg. 546 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 20 OMB Control No: 2506 -0117 (exp. 06/30/2018) Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) Actions taken to reduce the number of poverty -level families in PY 2019-2020: The City established a First Time Homebuyer program (Infill Housing), which instead of requiring that a family resell their home to another low -income household, utilizes recapture provisions to allow a family to capture the equity in their house, thus accumulating wealth which is the most effective way of reducing the number of poverty level househol ds. The City is in partnership with the Inland Empire Small Business Development Center, which hosts a series of entrepreneur workshops. The City funded five (5) subrecipients under the ESG grant: Community Action Partnership of San Bernardino County, which they assisted clients with Homelessness Prevention and Rapid Re - Housing; Family Service Association of Redlands, that assisted clients with Emergency Shelter/Motel Voucher, Rapid Re -Housing and Homelessness Prevention; Lutheran Social Services assisted clients with Emergency Shelter; Step Up on Second assists clients with Street Outreach; and The Salvation Army Hospitality House, which they assisted women and children with Emergency Shelter. Actions taken to develop institutional structure. 91.220(k); 91 .320(j) There are a variety of agencies, local governments, non -profit organizations, businesses and financial institutions play a vital role in carrying out San Bernardino’s housing and community development goals and objectives. The relationships and int eraction of these entities as they work toward achieving these goals and objectives is referred to as institutional structure. As the lead for the City's 2015-2020 Consolidated Plan, the City’s Community and Economic Development Department analyzes its performance in addressing the community’s housing and community development needs and develops strategies to improve its institutional structure. The City has revised its policies and procedures for CDBG, OORP, and ESG. The City has an organizational chart for its Community and Economic Development Department and Housing Division functions. City staff has attended trainings such as HEROS, HOME, IDIS, CDBG, and Lead Based Paint. In conjunction with other City departments, such as Public Works, Parks, Recreat ion and Community Services, staff will continue to identify the community's greatest needs and allocate resources accordingly. Staff will continue to work with for -profit and non-profit developers and lenders to facilitate the improvement, preservation, an d/or creation of affordable housing opportunities for low and moderate income households within the City. Furthermore, the City will continue to work on coordinating activities with County of San Bernardino agencies such as the Department of Behavioral Hea lth, Community Development and Housing Agency, 7.a Packet Pg. 547 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 21 OMB Control No: 2506 -0117 (exp. 06/30/2018) Office of Homeless Services and the San Bernardino County Housing Authority to continue to meet the needs of the City's special needs populations by providing services and affordable housing opportunities. In addition, the City will continue to improve internal processes regarding the allocation and administration of all federal and state funded programs by identifying structural gaps and enhancing protocols to allow for greater accuracy in reporting and monito ring. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) During PY 2019-2020, the City made the following progress toward improving communication and coordination between itself, nonprofit service organizations, and residents: The City improved its Notice of Funding Availability (NOFA) application for federal funding and housing staff held public meetings to announce the release of the CDBG Program NOFA, to explain the application proce ss and answer questions. The City posted its Consolidated Plan, Action Plan, CAPER, and Notice of Funding Availability (NOFA) for federal funds on the City’s website (www.sbcity.org). The City has been part of two stakeholder meetings in which a two year affordable housing pipeline is being developed and resources are being identified. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Each year the City pledges to affirmatively further fair housing and take appropriate actions to overcome the effects of the impediments to fair housing that are identified in the City’s five -year planning document called the Analysis of Impediments (A.I.) to Fair Housin g Choice (A.I.). HUD guidance indicates that the City must report on the actions taken during the fiscal year to overcome the effects of private sector. Accomplishments were made during PY 2019-2020 in the City of San Bernardino's A.I. See attachment. 7.a Packet Pg. 548 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 22 OMB Control No: 2506 -0117 (exp. 06/30/2018) CR -40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long -term compliance with requirements of the programs involved, including minority business outrea ch and the comprehensive planning requirements As the lead for the City's Consolidated Plan, the Community and Economic Development Department is continually improving its standards and procedures to monitor the performance and effectiveness of housing and community development activities. The City’s Manager’s Office used to monitor all housing projects and federal compliance of housing and non -housing projects funded with CDBG, HOME, and ESG. The Community and Economic Development Department is now respons ible. It undertakes two types of monitoring: program monitoring (which includes the Minority Business Outreach efforts) and Consolidated Plan monitoring. Both types of monitoring ensure the success of Consolidated Plan projects and activities. Program Monitoring The City implements several monitoring techniques in which to assess the effectiveness of its activities. These techniques include a mandatory Subrecipient Training Workshop with its subgrantees to discuss methods for complying with federal and cit y requirements prior to the start of the fiscal year, and a combination of desk review and on -site monitoring techniques to ensure on-going compliance of Federally -funded activities. Minority Business Outreach As an Entitlement recipient of CDBG, HOME and ESG funds, the City of San Bernardino is required to provide business opportunities to minority and women -owned businesses in connection with the activities funded through the CDBG, HOME, and ESG grant. To comply with these requirements, the City particip ated in outreach events for disadvantaged business enterprises, posted its bid documents on the City's website and other e -Procurement websites where potential bidders may obtain these request for bids through the internet. The City also encourages MBE -WBE firms to compete for CDBG, HOME and ESG construction contacts. City staff ensures the Contractor -Subcontractor Activity Report and the MBE-WBE Summary report is submitted to the HUD as required. Consolidated Plan Monitoring Staff oversaw the planning and budgeting process to ensure that federally-funded activities were consistent with the Consolidated Plan’s identified high- and possibly medium-priority objectives and grant requirements. Staff also provided technical guidance regarding program structure, income requirements, and document compliance. For IDIS, staff gathered quarterly program statistical reports and updated all necessary fields from setup to completion of each project and activity. Environmental reviews records were prepared for each feder ally-funded activity and monitoring of construction activities that triggered Davis -Bacon and Federal Labor compliance was conducted. The City will continue to monitor the progress of its PY 2015 -2020 Consolidated Plan goals and objectives and make any necessary adjustments to ensure the effective use of these federal dollars. 7.a Packet Pg. 549 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 23 OMB Control No: 2506 -0117 (exp. 06/30/2018) Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The City encouraged public participation in the review and assessment of PY 2019-2020 by making the draft CAPER available for public review and comment beginning November 1, 2020 and up to and including December 1, 2020. A notice was published in El Chicano (Spanish) on O ctober 29, 2020 and in the San Bernardino Sun (English) on November 1, 2020 inviting the public to comment on the draft CAPER. The CAPER was also made available on the City’s website, the City’s Information Center, and the City’s Community and Economic Dev elopment webpage. A copy of these notices can be found as Appendix A. In an effort to protect public health and prevent the spread of COVID -19 and to enable appropriate social distancing, the City held a virtual public hearing in lieu of an in -person public hearing on the CAPER and the City’s performance for Program Year 2019-2020 on December 2, 2020 at 7:00 p.m. via Time Warner Channel 3 or Charter Spectrum Channel 3 and live streamed online. No comments from the public were received by the City. 7.a Packet Pg. 550 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 24 OMB Control No: 2506 -0117 (exp. 06/30/2018) CR -45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. Staff’s assessment of the 2019-2020 CAPER has reve aled that some adjustments to the FY 2015-2020 Consolidated Plan were needed in order to clarify and bring the City’s goals and objectives in line with what can be achieved with the given resources. There was no activity in areas such as jobs created/retai ned, demolition of buildings, and direct financial assistance to homebuyers because the City's department does not have enough staff to oversee the prgrams. These adjustments were made during the PY 2019-2020. All funds were used to meet a qualified nati onal objective. For activities that served a target clientele that was not presumed to be primarily low - and moderate -income, the City or its designated subrecipients documented household income. CDBG funds were not used on a project that led to the displa cement or relocation of a household or business. The City does have an existing Section 108 guaranteed loan. However, in PY 2019-2020, there are no accomplishments to report nor program income generated for this loan. The City is still negotiating with the developer in arriving to a fair price for the parcel. The City had $817,368 in Program Income (CDBG). No project has been undertaken. Does this Jurisdiction have any open B rownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. 7.a Packet Pg. 551 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 25 OMB Control No: 2506 -0117 (exp. 06/30/2018) CR -50 - HOME 91.520(d) Include the results of on -site inspections of affordable rental housing assisted und er the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on -site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected a nd a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. Due to only one staff in the Housing Division attending other time constraint projects, those units that were scheduled for PY 2019-2020 and not inspected will be inspected during the PY 2020-2021: The City has completed a schedule and anticipates having inspections completed by the end of PY 2020 - 2021 so it may be able to report its results i n the PY 2020-2021 CAPER. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b) According to the regulations, HOME rental projects consisting of five or more assisted units must include and adhere to affirmativ e marketing procedures and requirements. For each HOME project the city undertakes, that triggers this requirement, an affirmative marketing plan is developed. Each Affirmative Marketing Plan includes the following: § List of methods to inform the public, owners and potential tenants about fair housing laws and the City’s marketing policy; § Description of the efforts that will be made to conduct affirmative market housing units assisted with HOME funds. § Owners and leasing agents will place advertisemen ts to market HOME-assisted units through local sources, public agencies and social service organizations; § Description of outreach efforts to people not likely to apply for housing without special outreach. These efforts will include the distribution of marketing materials to organizations that likely have contact with these populations; § Maintenance of records to document actions taken to affirmatively market HOME -assisted units and to assess marketing effectiveness; and § Description of actions that will be taken if requirements are not met 7.a Packet Pg. 552 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 26 OMB Control No: 2506 -0117 (exp. 06/30/2018) Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics As of June 30, 2020 the City has received a total of $1,230,658.02 in HOME program income. Program income will be used in future housing development projects or other eligible HOME activities as identified in future Annual Action Plans. Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 91.320(j) With approximately 33% of the City’s families below the poverty level, the need for af fordable housing continues to be a priority for the City. To foster and maintain affordable housing in San Bernardino, the City has the following goals: Expand homeownership opportunities Provide access to fair housing services Preserve and Rehabilitate Ho using For PY 2019-2020, actions taken by the City to foster and maintain affordable housing include: Partnership with the County of San Bernardino and National Community Renaissance (a.k.a. National Core) to receive $20 million from the California Strategi c Growth Council for the Arrowhead Grove multi -family housing development project. Collaborated with Housing Partners I and Neighborhood Partnership Housing Services (designated CHDOs) to develop single-family homes on vacant city-owned properties to be so ld to income -qualified families. Initiated the Owner Occupied Residential Rehabilitation Program that provides financial assistance to income -qualified San Bernardino homeowners to make necessary repairs to their homes. Funded Step Up On Second. Housed 25 chronically homeless persons. 7.a Packet Pg. 553 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 27 OMB Control No: 2506 -0117 (exp. 06/30/2018) CR-60 - ESG 91.520(g) (ESG Recipients only) ESG Supplement to the CAPER in e-snaps For Paperwork Reduction Act 1. Recipient Information —All Recipients Complete Basic Grant Information Recipient Name SAN BERNARDINO Organizational DUNS Number 073604563 EIN/TIN Number 956000772 Indentify the Field Office LOS ANGELES Identify CoC(s) in which the recipient or subrecipient(s) will provide ESG assistance San Bernardino City & County CoC ESG Contact Name Prefix Mr First Name Michael Middle Name A Last Name Huntley Suffix 0 Title Director of Community and Economic Development ESG Contact Address Street Address 1 290 N D Street Street Address 2 0 City San Bernardino State CA ZIP Code 92418- Phone Number 9093845357 Extension 0 Fax Number 0 Email Address huntley_mi@sbcity.org ESG Secondary Contact Prefix Ms First Name Gretel Last Name Noble Suffix 0 Title Housing Manager Phone Number 9093847270 Extension 0 Email Address Noble_gr@sbcity.org 7.a Packet Pg. 554 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 28 OMB Control No: 2506 -0117 (exp. 06/30/2018) 2. Reporting Period —All Recipients Complete Program Year Start Date 07/01/2019 Program Year End Date 06/30/2020 3a. Subrecipient Form – Complete one form for each subrecipient Subrecipient or Contractor Name: COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY City: San Bernardino State: CA Zip Code: 92408, 2607 DUNS Number: 144663296 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: $52,877 Subrecipient or Contractor Name: CENTRAL CITY LUTHERAN MISSION City: San Bernardino State: CA Zip Code: 92405, 5045 DUNS Number: 179884713 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other N on-Profit Organization ESG Subgrant or Contract Award Amount: $45,366 Subrecipient or Contractor Name: The Salvation Army, 180 E City: Long Beach State: CA Zip Code: 90802, 4708 DUNS Number: 074629460 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: $34,301 7.a Packet Pg. 555 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 29 OMB Control No: 2506 -0117 (exp. 06/30/2018) Subrecipient or Contractor Name: Step Up on Second City: San Bernardino State: CA Zip Code: 92408, 1016 DUNS Number: 362990244 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: $83,000 Subrecipient or Contractor Name: Family Service Association of Redlands City: Redlands State: CA Zip Code: 92374, 3013 DUNS Number: 153691985 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: $49,500 7.a Packet Pg. 556 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 30 OMB Control No: 2506 -0117 (exp. 06/30/2018) CR -65 - Persons Assisted 4. Persons Served 4a. Complete for Homelessness Prevention Activities Number of Persons in Households Total Adults 43 Children 53 Don't Know/Refused/Other 1 Missing Information 0 Total 97 Table 16 – Household Information for Homeless Prevention Activities 4b. Complete for Rapid Re-Housing Activities Number of Persons in Households Total Adults 17 Children 11 Don't Know/Refused/Other 0 Missing Information 0 Total 28 Table 17 – Household Information for Rapid Re -Housing Activities 4c. Complete for Shelter Number of Persons in Households Total Adults 213 Children 36 Don't Know/Refused/Other 0 Missing Information 0 Total 249 Table 18 – Shelter Information 7.a Packet Pg. 557 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 31 OMB Control No: 2506 -0117 (exp. 06/30/2018) 4d. Street Outreach Number of Persons in Households Total Adults 51 Children 0 Don't Know/Refused/Other 0 Missing Information 0 Total 51 Table 19 – Household Information for Street Outreach 4e. Totals for all Persons Served with ESG Number of Persons in Households Total Adults 295 Children 129 Don't Know/Refused/Other 1 Missing Information 0 Total 425 Table 20 – Household Information for Persons Served with ESG 5. Gender—Complete for All Activities Total Male 265 Female 160 Transgender 0 Don't Know/Refused/Other 0 Missing Information 0 Total 425 Table 21 – Gender Information 7.a Packet Pg. 558 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 32 OMB Control No: 2506 -0117 (exp. 06/30/2018) 6. Age—Complete for All Activities Total Under 18 100 18-24 40 25 and over 284 Don't Know/Refused/Other 1 Missing Information 0 Total 425 Table 22 – Age Information 7. Special Populations Served —Complete for All Activities Number of Persons in Households Subpopulation Total Total Persons Served – Prevention Total Persons Served – RRH Total Persons Served in Emergency Shelters Veterans 3 0 0 3 Victims of Domestic Violence 12 5 2 5 Elderly 12 1 0 11 HIV/AIDS 7 0 0 7 Chronically Homeless 3 0 0 3 Persons with Disabilities: Severely Mentally Ill 0 0 0 0 Chronic Substance Abuse 26 0 0 26 Other Disability 180 3 1 176 Total (Unduplicated if possible) 243 9 3 231 Table 23 – Special Population Served 7.a Packet Pg. 559 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 33 OMB Control No: 2506 -0117 (exp. 06/30/2018) CR -70 – ESG 91.520(g) - Assistance Provided and Outcomes 10. Shelter Utilization Number of New Units - Rehabbed 0 Number of New Units - Conversion 0 Total Number of bed-nights available 13,500 Total Number of bed-nights provided 8,014 Capacity Utilization 59.36% Table 24 – Shelter Capacity 11. Project Outcomes Data measured under the performance standards developed in consultation with the CoC(s) In PY 2019-2020, the City's ESG subrecipients demonstrated the financial management and programmatic expertise to successfu ly develop, implement and monitor the ESG-funded activities. Each subrecipient met its client goals and objectives. Each subrecipient participated in HMIS, making sure each client was screened, evaluated and determine the eligibility of each individual o r family's eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. 7.a Packet Pg. 560 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 34 OMB Control No: 2506 -0117 (exp. 06/30/2018) CR -75 – Expenditures 11. Expenditures 11a. ESG Expenditures for Homelessness Prevention Dollar Amount of Expenditures in Program Year 2017 2018 2019 Expenditures for Rental Assistance 38,018 28,716 18,398 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 0 0 0 Expenditures for Housing Relocation & Stabilization Services - Services 0 0 0 Expenditures for Homeless Prevention under Emergency Shelter Grants Program 0 0 0 Subtotal Homelessness Prevention 38,018 28,716 18,398 Table 25 – ESG Expenditures for Homelessness Prevention 11b. ESG Expenditures for Rapid Re-Housing Dollar Amount of Expenditures in Program Year 2017 2018 2019 Expenditures for Rental Assistance 18,979 17,245 10,300 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 0 0 0 Expenditures for Housing Relocation & Stabilization Services - Services 0 0 0 Expenditures for Homeless Assistance under Emergency Shelter Grants Program 0 0 0 Subtotal Rapid Re -Housing 18,979 17,245 10,300 Table 26 – ESG Expenditures for Rapid Re -Housing 11c. ESG Expenditures for Emergency Shelter Dollar Amount of Expenditures in Program Year 2017 2018 2019 Essential Services 15,704 0 0 Operations 49,968 101,184 54,773 Renovation 0 0 0 7.a Packet Pg. 561 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) CAPER 35 OMB Control No: 2506 -0117 (exp. 06/30/2018) Major Rehab 0 0 0 Conversion 0 0 0 Subtotal 65,672 101,184 54,773 Table 27 – ESG Expenditures for Emergency Shelter 11d. Other Grant Expenditures Dollar Amount of Expenditures in Program Year 2017 2018 2019 Street Outreach 60,224 29,609 38,693 HMIS 20,305 20,000 0 Administration 11,689 16,754 16,506 Table 28 - Other Grant Expenditures 11e. Total ESG Grant Funds Total ESG Funds Expended 2017 2018 2019 567,065 214,887 213,508 138,670 Table 29 - Total ESG Funds Expended 11f. Match Source 2017 2018 2019 Other Non-ESG HUD Funds 0 0 0 Other Federal Funds 139,604 283,117 131,231 State Government 53,750 0 0 Local Government 177,933 279,889 0 Private Funds 0 86,840 91,504 Other 66,500 250,000 11,101 Fees 0 0 0 Program Income 0 0 0 Total Match Amount 437,787 899,846 233,836 Table 30 - Other Funds Expended on Eligible ESG Activities 11g. Total Total Amount of Funds Expended on ESG Activities 2017 2018 2019 2,138,534 652,674 1,113,354 372,506 Table 31 - Total Amount of Funds Expended on ESG Activities 7.a Packet Pg. 562 Attachment: Attachment No. 1 - FY 2019-2020 Consolidated Annual Performance and Evaluation Report (6984 : CAPER FY 2019/20 (All Wards)) 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 Maria A. Gallegos SAN BERNARDINO CITY/COMM DEV 290 NORTH D ST SAN BERNARDINO, CA 92401 HRGSB NOTICE OF HEARING-SB 2019-2020 CAPER Notice 11/01/2020 Publication Total $360.80 $360.80 Notice Type: Ad Description COPY OF NOTICE 3411991 !A000005551412! 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. City of San Bernardino City Council Notice of a Public Review/Comment and Hearing to be Held on December 2, 2020 INFORMATION AVAILABLE: Pursuant to the United States Department of Housing and Urban Development (HUD) regulations, the City of San Bernardino has prepared the draft Consolidated Annual Performance Evaluation Report (CAPER) for the 2019-2020 Program Year. The CAPER provides an assessment of the City's performance in meeting housing and community development goals as outlined in the previously adopted 2019-2020 Annual Action Plan. Additionally, the CAPER discusses any potential changes the City may anticipate making in the upcoming year as a result of the assessment. Also, The City of San Bernardino is an entitlement jurisdiction that receives Community Development Block Grant (CDBG), HOME Investments Partnership (HOME) and Emergency Solutions Grant (ESG) funds directly from HUD. As a condition to receiving these funds, each year the City must submit to HUD a One-Year Action Plan that explains how the City intends to invest these federal funds toward meeting its community development and affordable housing needs. CITIZEN INVOLVEMENT:The City of San Bernardino will hold a public hearing to receive public comments on the draft CAPER to FY 2019-2020. In an effort to protect public health and prevent the spread of COVID-19 and to enable appropriate social distancing, the public hearing will be a virtual hearing in lieu of an in-person public hearing. The City of San Bernardino encourages the public to view the City Council meeting on television or online. The meeting will be broadcast live on Time Warner Channel 3 or Charter Spectrum Channel 3 and live streamed online December 2, 2020, at 7:00 p.m. NOTE: The City of San Bernardino encourages citizen participation in the CDBG, HOME Investment Partnerships (HOME) and ESG Programs grant management process. A copy of the 2019-2020 CAPER will be available for public review and comment period, beginning Sunday November 1, 2020 and up to and including Tuesday December 1, 2020, on the City's 7.b Packet Pg. 563 Attachment: Attachment No. 2 - Proof Of Publication (6984 : CAPER FY 2019/20 (All Wards)) website at www.ci.san- bernardino.ca.us, the City’s Community and Economic Development website at www.ci.san- bernardino.ca.us/cityhall/communit y_n_economic_development and at the following location: - City of San Bernardino --- Information Center 290 North ‘‘D’’ Street, , San Bernardino, CA 92401 SPECIAL ACCOMODATIONS:It is the intention of the City of San Bernardino to comply with the Americans with Disabilities Act in all respects. For persons needing special accommodations to access the virtual meetings, please contact the City Clerk at 909-384-5002. PUBLIC COMMENT OPTIONS: (1) COMMENTS AND CONTACT INFORMATION CAN BE EMAILED TO publiccomments@SBCity.Org BY 4:00 P.M. DECEMBER 1, 2020,TO BE INCLUDED IN THE WRITTEN RECORD; OR (2) CALL (909) 384-5208 (NEW PHONE NUMBER), LEAVE A RECORDED MESSAGE,BY 4:00 P.M. DECEMBER 1, 2020,(NOT TO EXCEED THREE MINUTES), WHICH WILL BE PLAYED DURING THE PUBLIC COMMENT SECTION OF THE AGENDA. ***ITEMS THAT ARE SUBMITTED TO BE PART OF THE MEETING RECORD CAN BE FOUND USING THE LINK BELOW http://edocs.sbcity.org/WebLink/B rowse.aspx?id=4077961&dbid=0&r epo=SB CITY CONTACT:For more information, call the City of San Bernardino Housing Division at 909- 384-7267. 11/1/20 SBS-3411991# 7.b Packet Pg. 564 Attachment: Attachment No. 2 - Proof Of Publication (6984 : CAPER FY 2019/20 (All Wards)) 7.b Packet Pg. 565 Attachment: Attachment No. 2 - Proof Of Publication (6984 : CAPER FY 2019/20 (All Wards)) Page 1 Public Hearing City of San Bernardino Request for Council Action Date: December 2, 2020 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Jim Slobojan, Acting Finance Director Subject: CFD 2018-1 Annexation No. 2 (Ward 3) Recommendation 1) Hold a Public Hearing; 2) Adopt Resolution No. 2020 -286, a Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018 -1 (Safety Services), and calling elections therein; 3) Hold a special landowner election and canvass the election; 4) Adopt Resolution No. 2020 -287, a Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018 -1 (Safety Services) certifying the results of the December 2, 2020 annexation and special tax election. Background On October 21, 2020, the Ci ty Council adopted Resolution No. 2020 -259, a Resolution of Intention to annex territory into 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”. A public hearing was set for December 2, 2020 on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on October 23, 2020, at 12:41 p.m. in Book 89 Page 37, Document No. 2020-0408745 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder. The Resolution of Intention was adopted by the City Council in response to a pe tition filed by the property owner of approximately 1.08 gross acres of vacant residential property within the City, to include five detached single family residences upon buildout, requesting that the City assist them in annexing their properties into CFD No. 2018-1 under the Mello-Roos Act. The State legislature enacted the Mello -Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax 8 Packet Pg. 566 6989 Page 2 exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2018-1 to levy a special tax to cover the costs associated with financing public safety costs. The public services to be financed within the terri tory 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 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 operating reserves. The proposed total maximum tax rate is $385 per residential unit for FY 2020/21. The maximum annual tax rate is proposed to escalate e ach year after July 1, 2024 by four percent (4.0%). The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello -Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello -Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election. 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 three statutorily required Resolutions 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), adopted October 21, 2020. 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 election and directing the recording of the notice of special tax lien. Discussion The Resolution of Intention called for a public hearing to be held on December 2, 2020 on the issue of the annexation of territory into CFD No. 201 8-1. Under the Mello-Roos Act, the City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the City Council may adopt the resolution establishing the CFD. 8 Packet Pg. 567 6989 Page 3 Adoption of Resolution No. 2018 -264 on September 19, 2018 established CFD 2018 -1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two -thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello -Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing . If the Mayor and C ity Council adopt Resolution No. 2020 -286, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2020 -287 declaring the results of the election. 2020-2025 Key Strategic Targets and Goals This project is consistent with Goal No 4. Ensure Development of a Well-Planned Balanced and Sustainable City. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. 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, California: 1) Hold a Public Hearing; 2) Adopt Resolution No. 2020-286 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018 -1 (Safety Services), and calling elections therein; 3) Hold a special landowner election and canvass the election; 4) Adopt Resolution No. 2020-287 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018 -1 (Safety Services) certifying the results of the December 2, 2020 annexation and special tax election 8 Packet Pg. 568 6989 Page 4 Attachments Attachment 1 Project Map Attachment 2 Resolution No. 2020 -286 (Resolution Calling Election, Authorizing Levy); Exhibit A - Ballot Attachment 3 Resolution No. 2020 -287 (Resolution Declaring Election Results); Exhibit A - Ballot; Exhibit B - Certificate of Election Results Attachment 4 Registrar of Voters Attachment 5 Public Hearing Notice Ward: 3 Synopsis of Previous Council Actions: On August 15, 2018, the 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”. On September 19, 2018, Resolution No. 2018 -264 was adopted establishing Community Facilitie s 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 2019 -20 to pay annual costs of safety services and expenses with respect to Community Facilities District No. 2018-1. On October 3, 2018, final reading of Ordinance No. MC -1506 levying special taxes to be collected during FY 2019 -20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2018 -1. On October 21, 2020, the City Council adopted Resolution No. 2020 -259, a Resolution of Intention to annex territory into 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”. 8 Packet Pg. 569 PROJECT MAP CFD NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 2 8.aPacket Pg. 570Attachment: Attachment 1 - FN. CFD 2018-1 Annex 2 - Project Map (6989 : CFD 2018-1 Annexation No. 2 Resolution No. 2020-286 RESOLUTION NO. 2020-286 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES), ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES), AND CALLING ELECTIONS THEREIN WHEREAS, on August 15, 2018, the City Council (the “City Council”) of the City of San Bernardino adopted Resolution No. 2018-239, 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 Attachment “D” attached to the Resolution No. 2018-239 (the “Original Rate and Method”), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2018 -1; and WHEREAS, pursuant to a petition signed by Hispano Investors Inc. (the “Owner”), on October 21, 2020, the City Council adopted Resolution No. 2020-259 (the “Resolution of Intention”), stating its intention to annex the territory described in Attachment “A” to the Resolution of Intention (the “Annexation Territory”) to the District; and WHEREAS, a notice of a public hearing to be held on December 2, 2020 was published and mailed to all landowners of the land proposed to be included within the Annexation Territory as required by law relative to the intention of the City Co uncil to annex the Annexation Territory to the District and to levy a special tax in accordance with the Rate and Method (as defined below); and WHEREAS, on December 2, 2020, this City Council held a noticed public hearing as required by law relative to the proposed annexation of the Annexation Territory, the levy of special taxes therein in accordance with the attached as Attachment “C” to the Resolution of Intention (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 here in; and WHEREAS, at the December 2, 2020 public hearing all persons desiring to be heard on all matters pertaining to the proposed annexation of the Annexation Territory to the District and the levy of the special taxes within the Annexation Territory in accordance with the Rate and Method were heard and a full and fair hearing was held; and 8.b Packet Pg. 571 Attachment: Attachment 2 - FN. CFD 2018-1 Annex 2 - Resolution No. 2020-286 [Revision 1] (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) Resolution No. 2020-286 WHEREAS, at the public hearing, evidence was presented to the City Council on the matters before it, and the proposed annexation of the Annexation Territory to the Dist rict and the levy of special taxes within the Annexation Territory in accordance with the Rate and Method was not precluded by a majority protest of the type described in Section 53339.6 of the Act, and this City Council at the conclusion of the hearing is fully advised as to all matters relating to the annexation of the Annexation Territory and the levy of the special taxes in accordance with the Rate and Method; and WHEREAS, the City Council has determined that there have been fewer than twelve registered voters residing in the Annexation Territory for the period of 90 days prior to November 9, 2020 and that the qualified electors in Annexation Territory are the landowners therein; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the annexation of the Annexation Territory to the District and to call an election within the Annexation Territory to authorize the levy of special taxes purs uant to the Rate and Method. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Each of the above recitals is true and correct. SECTION 2. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District and the proposed annexation of the Annexation Territory to the District were valid and in conformity with the requirements of law, including the Act. SECTION 3. 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 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 map showing the Annexation Territory proposed to be annexed to the District and be made subject to taxation are as shown which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3 113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor -County Clerk-Recorder’s office of the County of San Bernard ino in Book No. 89 Page No. 37, on October 23, 2020 as Instrument No. 2020-0408745. SECTION 4. The City Council hereby adopts the Rate and Method attached as Attachment “C” to the Resolution of Intention as the applicable rate and method for the Annexation Territory. Except where funds are otherwise available, it is the intention of the City Council, subject to the approval of the eligible voters within the Annexation Territory, to levy the proposed special taxes at the rates within the Annexation Territory set forth in the Rate and 8.b Packet Pg. 572 Attachment: Attachment 2 - FN. CFD 2018-1 Annex 2 - Resolution No. 2020-286 [Revision 1] (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) Resolution No. 2020-286 Method on all non-exempt property within the Annexation Territory sufficient to pay for (i) the Services (as defined in the Rate and Method), (ii) fund an operating reserve for the costs of Services as determined by the City, and (v) Administrative Expenses (as defined in the Rate and Method). The District expects to incur, and in certain cases has already incurred, Administrative Expenses in connection with the annexation of the Annexation Territory to the District. The rate and method of apportionment of the special tax applicable to the Annexation Territory is described in detail in Attachment “C” to the Resolution of Intention which is incorporated herein by this reference, and the City Council hereby finds that Attachment “C” to the Resolution of Intention contains sufficient detail to allow each landowner within the Annexation Territory to estimate the maximum amount that may be levied against each parcel. The special tax is apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the ownership of real property. SECTION 5. The City’s City Manager will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. The special tax may be levied for such period as the Services are needed, as further described in Attachment “B” to the Resolution of Intention. SECTION 6. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Annexation Territory and this lie n shall continue in force and effect until the levy of the special tax by the District ceases in accordance with the Rate and Method. SECTION 7. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within the Annexation Territory, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within the Annexation Territory and will be benefited by the Services proposed to be provided within Community Facilities District No. 2018-1 and the Annexation Territory. SECTION 8. It is hereby further determined that there is no ad valorem property tax currently being levied on property within the Annexation Territory for the exclusive purpose of paying for the same services as are proposed to be provided by Community Facilities District No. 2018-1. SECTION 9. Written protests against the annexation of the Annexation Territory to the District and the levy of the special tax therein have not been filed by one -half or more of the registered voters within the boundaries of the Annexation Territory to the District or by the property owners of one-half or more of the area of land within the boundaries of the Annexation Territory. The City Council hereby finds that the proposed special tax for the Annexation Territory has not been precluded by a majority protest pursuant to Section 53324 of the Act. SECTION 10. An election is hereby called for the Annexation Territory on the propositions of annexation to the District and the levying the special tax on the property within 8.b Packet Pg. 573 Attachment: Attachment 2 - FN. CFD 2018-1 Annex 2 - Resolution No. 2020-286 [Revision 1] (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) Resolution No. 2020-286 such Annexation Territory, pursuant to Section 53339.7 of the Act. The propositions to be placed on the ballot for the Annexation Territory are attached hereto as Attachment “A.” SECTION 11. The date of the foregoing elections for each Proposed Annexation Territory shall be December 2, 2020, or such later date as is consented to by the City Clerk and the landowners within the Annexation Territory. The City Clerk shall conduct the elections. Except as otherwise provided by the Act, the elections shall be conducted by personally delivered or mailed ballot and, except as otherwise provided by the Act, the elections shall be conducted in accordance with the provisions of law regulating elections of the City insofar as such provisions are determined by the City Clerk to be applicable. SECTION 12. It is hereby found that there are not more than twelve registered voters within the territory of the Annexation Territory, and, pursuant to Section 53339.7 of the Act, each landowner who is the owner of record on the date hereof, or the authorized representative thereof, shall have one vote for each acre or portion thereof that he or she owns within the Annexation Territory. SECTION 13. 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 14. 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 15. 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: 8.b Packet Pg. 574 Attachment: Attachment 2 - FN. CFD 2018-1 Annex 2 - Resolution No. 2020-286 [Revision 1] (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) Resolution No. 2020-286 Sonia Carvalho, City Attorney 8.b Packet Pg. 575 Attachment: Attachment 2 - FN. CFD 2018-1 Annex 2 - Resolution No. 2020-286 [Revision 1] (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) Resolution No. 2020-286 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.b Packet Pg. 576 Attachment: Attachment 2 - FN. CFD 2018-1 Annex 2 - Resolution No. 2020-286 [Revision 1] (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) EXHIBIT A 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 8.c Packet Pg. 577 Attachment: Attachment 2 - FN. CFD 2018-1 Annex 2 - Exhibit A- Ballot (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) 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 PROPOSITION A MARK “YES” OR “NO” WITH AN “X”: Shall the territory described in Attachment “A” of Resolution No. 2020-259 of the Mayor and City Council of the City of San Bernardino be annexed to Community Facilities District No. 2018-1 (Safety Services)? YES _________ NO _________ PROPOSITION B MARK “YES” OR “NO” WITH AN “X”: Shall a special tax with a rate and method of apportionment as provided in Attachment “C” to Resolution No. 2020-259 of the Mayor and City Council of the City of San Bernardino be levied to pay for the Services and other purposes described in Resolution No. 2018-264? 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 8.c Packet Pg. 578 Attachment: Attachment 2 - FN. CFD 2018-1 Annex 2 - Exhibit A- Ballot (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) Resolution No. 2020-287 RESOLUTION NO. 2020-287 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) CERTIFYING THE RESULTS OF THE DECEMBER 2, 2020 ANNEXATION AND SPECIAL TAX ELECTION WHEREAS, the City Council (the “City Council”) of City of San Bernardino (the “City”) called and duly held consolidated elections on December 2, 2020 within the boundaries of certain territory (the “Annexation Territory”) described in Attachment “A” to Resolution N o. 2020-259 adopted by the City Council on October 21, 2020, which territory is to be annexed to Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (“Community Facilities District No. 2018-1” or the “District”) pursuant to Resolution No. 2020- 287 for the purpose of presenting to the qualified electors within the Annexation Territory the propositions attached hereto as Attachment A; and WHEREAS, there has been presented to this City Council a certificate of the City Clerk canvassing the results of the election, a copy of which is attached hereto as Attachment B. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District. SECTION 2. The Proposition presented to the qualified electors of the Annexation Territory on December 2, 2020 were approved by more than two -thirds of the votes cast at the election held for the Annexation Territory and Propositions A and B each has carried. The City Council, acting as the legislative body of the District, is hereby authorized to levy on the land within the Annexation Territory, which is hereby annexed to the District in accordance with Proposition A, the special tax described in Proposition B for the purposes described therein. SECTION 3. The City Council, acting as the legislative body of the District, is hereby authorized to take the necessary steps to levy the special tax authorized by Proposition B in accordance with Ordinance No. MC -1506 approved by the City Council, acting as the legislative body of the District. SECTION 4. The City Clerk is hereby directed to record in the Office of the County Recorder within fifteen days of the date hereof a notice of special tax lien for the Annexation Territory which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5. 8.d Packet Pg. 579 Attachment: Attachment 3 - CFD 2018-1 Annex 2 - Resolution No. 2020-287 [Revision 1] (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) Resolution No. 2020-287 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. 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 8.d Packet Pg. 580 Attachment: Attachment 3 - CFD 2018-1 Annex 2 - Resolution No. 2020-287 [Revision 1] (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) Resolution No. 2020-287 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. 2020-287, 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.d Packet Pg. 581 Attachment: Attachment 3 - CFD 2018-1 Annex 2 - Resolution No. 2020-287 [Revision 1] (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) EXHIBIT A 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 8.e Packet Pg. 582 Attachment: Attachment 3 - CFD 2018-1 Annex 2 - Exhibit A- Ballot (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) 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 PROPOSITION A MARK “YES” OR “NO” WITH AN “X”: Shall the territory described in Attachment “A” of Resolution No. 2020-259 of the Mayor and City Council of the City of San Bernardino be annexed to Community Facilities District No. 2018-1 (Safety Services)? YES _________ NO _________ PROPOSITION B MARK “YES” OR “NO” WITH AN “X”: Shall a special tax with a rate and method of apportionment as provided in Attachment “C” to Resolution No. 2020-259 of the Mayor and City Council of the City of San Bernardino be levied to pay for the Services and other purposes described in Resolution No. 2018-264? 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 8.e Packet Pg. 583 Attachment: Attachment 3 - CFD 2018-1 Annex 2 - Exhibit A- Ballot (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) EXHIBIT B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 2 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the Deputy City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above -entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, da ted and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above -entitled community facilities district in the Certificate Regarding Registered Voters and Landowne rs, dated November 9, 2020, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office a re attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measures, the measures has therefore passed. Landowner Qualified Landowner Votes Votes Cast PROPOSITION A PROPOSITION B YES NO YES NO Hispano Investors Inc. 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 ____________, 2020. Genoveva Rocha, MMC City Clerk City of San Bernardino By: (Attach completed copies of Waiver/Consent and Ballot) 8.f Packet Pg. 584 Attachment: Attachment 3 - CFD 2018-1 Annex 2 - Exhibit B- Certificate of Election Results [Revision 1] (6989 : CFD 2018-1 Annexation No. 2 November 9, 2020 Spicer Consulting Group 41619 Margarita Road, Suite 101 Temecula, CA 92591 Attention: Shane Spicer To Whom It May Concern: On October 21, 2020, the San Bernardino County Registrar of Voters received a request to provide the number of registered voters residing within Annexation No. 2 of the City of San Bernardino Community Facilities District No. 2018 -1 (Safety Services). After examining the voter registration records within this area, the Registrar of Voters certifies the following information as of November 9, 2020: Registered voters within the area: 0 An invoice for services rendered for this request will be provided later. If you have any questions, please contact the Registrar of Voters at (909) 387-8300. Sincerely, Melissa Eickman Media Specialist Registrar of Voters Bob Page Registrar of Voters 777 East Rialto Avenue, San Bernardino, CA 92415 | Phone: 909.387.8300 Fax: 909.387.2022 8.g Packet Pg. 585 Attachment: Attachment 4 - CFD 2018-1 Annex 2 - Registrar of Voters (6989 : CFD 2018-1 Annexation No. 2 (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 Genoveva Rocha SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA 92401 HRGSB NOTICE OF HEARING-SB Notice of Public Hearing to Annex 2018-1 (Safety Services) (Annexation No. 2) 11/11/2020 Publication Total $215.60 $215.60 Notice Type: Ad Description COPY OF NOTICE 3414825 !A000005559805! 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 PUBLIC HEARING ON INTENTION TO ANNEX TERRITO RY T O A N EXISTING COMM UNITY FACILITIES DISTRICT 2018-1 (SAF ET Y SE RVICES) (ANNEXA TION NO.2) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on October 21,2020 adopted its Resolution No.2020-259, 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. 8.h Packet Pg. 586 Attachment: Attachment 5 - CFD 2018-1 Annex 2 - Public Hearing Notice (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) DATED:November 5,2020 /s/Genoveva Rocha City Clerk of the City of San Bernardino 11/11/20 SBS-3414825# 8.h Packet Pg. 587 Attachment: Attachment 5 - CFD 2018-1 Annex 2 - Public Hearing Notice (6989 : CFD 2018-1 Annexation No. 2 (Ward 3)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: December 2, 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 November 2020. Background Completed commerci al 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 November 12, 2020 $2,209,059.51 Monthly for November 15, 2020 11,666.69 Total Payroll Demands: $2,220,726.20 The following check registers are being presented for approval: November 5, 2020 2020/21 (Register #21)$1,942,138.64 November 12, 2020 2020/21 (Register #22)708,983.87 Total commercial check demands:$2,651,122.51 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 9 Packet Pg. 588 6991 Page 2 Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no 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 November 2020. Attachments Attachment 1 Payroll Summary Report for November 2020 Attachment 2 Commercial checks & Payroll Register #21 Attachment 3 Commercial checks & Payroll Register #22 Ward: All Synopsis of Previous Council Actions: 9 Packet Pg. 589 9.a Packet Pg. 590 Attachment: FN. Attachment No. 1 - Payroll Summary Report (6991 : Approval of Commercial and Payroll Disbursements (All Wards)) 9.a Packet Pg. 591 Attachment: FN. Attachment No. 1 - Payroll Summary Report (6991 : Approval of Commercial and Payroll Disbursements (All Wards)) 9.b Packet Pg. 592 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 593 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 594 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 595 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 596 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 597 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 598 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 599 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 600 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 601 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 602 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 603 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 604 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 605 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 606 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 607 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 608 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 609 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.b Packet Pg. 610 Attachment: FN. Attachment No. 2 - Commercial Checks & Payroll. Register #21 (6991 : Approval of 9.c Packet Pg. 611 Attachment: FN. Attachment No. 3 - Commercial Checks & Payroll. Register #22 (6991 : Approval of 9.c Packet Pg. 612 Attachment: FN. Attachment No. 3 - Commercial Checks & Payroll. Register #22 (6991 : Approval of 9.c Packet Pg. 613 Attachment: FN. Attachment No. 3 - Commercial Checks & Payroll. Register #22 (6991 : Approval of 9.c Packet Pg. 614 Attachment: FN. Attachment No. 3 - Commercial Checks & Payroll. Register #22 (6991 : Approval of 9.c Packet Pg. 615 Attachment: FN. Attachment No. 3 - Commercial Checks & Payroll. Register #22 (6991 : Approval of 9.c Packet Pg. 616 Attachment: FN. Attachment No. 3 - Commercial Checks & Payroll. Register #22 (6991 : Approval of 9.c Packet Pg. 617 Attachment: FN. Attachment No. 3 - Commercial Checks & Payroll. Register #22 (6991 : Approval of 9.c Packet Pg. 618 Attachment: FN. Attachment No. 3 - Commercial Checks & Payroll. Register #22 (6991 : Approval of 9.c Packet Pg. 619 Attachment: FN. Attachment No. 3 - Commercial Checks & Payroll. Register #22 (6991 : Approval of 9.c Packet Pg. 620 Attachment: FN. Attachment No. 3 - Commercial Checks & Payroll. Register #22 (6991 : Approval of 9.c Packet Pg. 621 Attachment: FN. Attachment No. 3 - Commercial Checks & Payroll. Register #22 (6991 : Approval of 9.c Packet Pg. 622 Attachment: FN. Attachment No. 3 - Commercial Checks & Payroll. Register #22 (6991 : Approval of 9.c Packet Pg. 623 Attachment: FN. Attachment No. 3 - Commercial Checks & Payroll. Register #22 (6991 : Approval of 9.c Packet Pg. 624 Attachment: FN. Attachment No. 3 - Commercial Checks & Payroll. Register #22 (6991 : Approval of Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: December 2, 2020 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By:Kris Jensen, Director of Public Works Subject: Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020 -277: 1. Appropriating $81,000 from the Animal Shelter Imp rovement Fund and authorizing the Director of Finance to amend the FY 2020/21 CIP to include HVAC upgrades for a Cat Sanctuary at the Animal Shelter (“Project”); 2. Approving a budget amount of $81,000 for the Project, to include construction costs in the amount of $68,380, project contingencies in the amount of $7,620, and engineering and inspection budgets in the amount of $5,000; and 3. Approving the award of a construction contract with WCM & Associates, Inc. of Redlands, California in the amount of $68,380 for the Project. Background In September 2019, staff provided an update to the Mayor and City Council on the Animal Control program and reviewed options for addressing repairs needed at the shelter facility. In December 2019, the Mayor and City Council directed staff to move forward in addressing the most critical repairs at the shelter to reduce the spread of disease and risk of injury to animal and shelter staff. Three initial repair projects were approved including roof replacement, electrical panel upgrades, and mold abatement and related reconstruction. Both the roof replacement and the mold abatement and related reconstruction projects were completed in April 2020. The evaluation of the shelter facility electrical panels was recently conduc ted, and it was determined that upgrades were necessary to bring the panels into compliance with the latest building code. On August 19, 2020, the Mayor and City Council approved Resolution No. 2020-207 awarding a Construction Contract for these upgrades. This project is still in progress, with Southern California Edison currently developing plans to provide temporary power to the new panels. Construction is expected to start after temporary power is provided by Edison, which is anticipated by the end of No vember. 10 Packet Pg. 625 6969 Page 2 Discussion Animal Shelter staff identified another critical health related project as the need to upgrade the current heating, ventilation, and cooling (HVAC) system that serves the Cat Sanctuary Building. The current system consists of a 30 -year-old Mastercool evaporative cooler that is past its useful life and no longer operates effectively. The aged equipment is unable to maintain a stable temperature in the building, and provides, at best, weak air flow. Given the importance of air circulation in sustaining a healthy environment for the animals, the cooling equipment, as well as the duct work, must be replaced and upgraded. Staff recently prepared plans and specifications for the HVAC upgrade project to replace the existing evaporative cooling s ystem with a 10-ton package (all-in-one) air conditioning unit and install all new duct work in the building. A request for bid proposals for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Project 13414) was advertised on September 28, 2020 and October 5, 2020 in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub -Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s web sites, and the San Bernardino Area Chamber of Commerce. Six sealed bids were received and opened on October 22, 2020. One of the bid submittals, received from Wester Air Conditioning Co, Inc., was determined to be non - responsive as the submittal did not include the required bid bond. The bid results of the remaining five bidders are as follows: BIDDER CITY BASE BID WCM & Associates Inc. Redlands $ 68,380 Vobecky Enterprises, Inc. Glendora $ 82,810 Golden Gate Construction Norwalk $ 94,134 Arrowhead Mechanical, Inc. DBA Arrowhead Sheet Metal San Bernardino $105,000 Allison Mechanical, Inc. Glendora $109,500 The City has reviewed all bid packages and determined WCM & Associates, Inc., of Redlands, California, to be the lo west responsible and responsive bidder, with a total bid amount of $68,380. If awarded by the Mayor and City Council, construction is anticipated to begin in December 2020 and is projected to be completed by February 2021. In addition to construction costs, staff anticipates the need for a construction contingency of $7,620 to provide for any unforeseen work that is related to the Project, and estimated staff time costs of $5,000 to support engineering inspections of the Project. The total estimated cost to complete this Project is $81,000. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Financial Stability, as it addresses a 10 Packet Pg. 626 6969 Page 3 critical upgrade needed to safely house animals and utilize the full capacity of the existing Cat Sanctuary building for animal care programs . Fiscal Impact Fund balance in the amount of $100,020.84 is available in the Animal Shelter Improvement Fund (124) to support the total estimated Project cost of $81,000, as detailed in the table below. Project Cost Item Amount Construction Bid $ 68,380 Construction Contingency $ 7,620 Engineering and Inspections $ 5,000 Total Estimated Project Costs $ 81,000 Conclusion It is recommended that the Mayor and City Council o f the City of San Bernardino, California, adopt Resolution No. 2020 -277: 1. Appropriating $81,000 from the Animal Shelter Improvement Fund and authorizing the Director of Finance to amend the FY 2020/21 CIP to include HVAC upgrades for a Cat Sanctuary at the Animal Shelter (“Project”); 2. Approving a budget amount of $81,000 for the project, to include construction costs in the amount of $68,380, project contingencies in the amount of $7,620, and engineering and inspection budgets in the amount of $5,000 ; and 3. Approving the award of a construction contract with WCM & Associates, Inc. of Redlands, California in the amount of $68,380 for the Project. Attachments Attachment 1 Resolution 2020 -277 Attachment 2 Exhibit "A” - Agreement with WCM & Associates, Inc. Attachment 3 Bid Tabulation - Cat Sanctuary at Animal Shelter HVAC Upgrade Attachment 4 WCM & Associates, Inc. - Bid Attachment 5 Location Map Attachment 6 CIP Information Sheet Ward: 3 Synopsis of Previous Council Actions: December 4, 2019 Mayor and City Council adopted Resolution 2019 -356 awarding Animal Shelter projects. August 19, 2020 Mayor and City Council adopted Resolution 2020 -207 awarding a construction contract for the Electrical Panel Upgrade at the Animal Shelter. 10 Packet Pg. 627 RESOLUTION NO. 2020-277 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROPRIATING $81,000 FROM THE ANIMAL SHELTER IMPROVEMENT FUND AND AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE FY 2020/21 CIP TO INCLUDE HVAC UPGRADES FOR THE CAT SANCTUARY AT THE ANIMAL SHELTER (“PROJECT’); APPROVING THE TOTAL PROJECT AMOUNT OF $81,000, TO INCLUDE CONSTRUCTION COSTS IN THE AMOUNT OF $68,380, PROJECT CONTINGENCIES IN THE AMOUNT OF $7,620, AND ENGINEERING AND INSPECTION BUDGETS IN THE AMOUNT OF $5,000; AND APPROVING THE AWARD OF A CONSTRUCTION CONTR ACT WITH WCM & ASSOCIATES, INC., OF REDLANDS, CALIFORNIA IN THE AMOUNT OF $68,380 FOR THE PROJECT WHEREAS, the City has previously identified a number facility repairs needed to ensure the health and safety of animals, staff, and the public in the Animal Shelter facilities; and WHEREAS, the Mayor and City Council have previously provided direction to City staff to begin Animal Shelter repair projects including roof replacement, electrical panel upgrades, and mold abatement and construction; and WHEREAS, the Animal Shelter Roof Replacement P roject and Animal Shelter Mold Abatement and Reconstruction Project have been completed, and the Electrical Panel Upgrade Project has been awarded and is in progress; and WHEREAS, shelter staff has identified another critical health related project as the need to upgrade the current heating, ventilation and cooling (HVAC) system that serves the Cat Sanctuary Building at the Animal Shelter; and WHEREAS, in September 2020 staff administered a competitive bid solicitation for the Cat Sanctuary at Animal Shelter HVAC Upgrade Project (“Project”), resulting in five construction cost submittals; and WHEREAS, WCM & Associates Inc. of Redlands, California, was determined to be the lowest responsive and responsible bidder with a total construction bid of $68,380 ; and WHEREAS, the City now wishes to enter into a construction agreement with WCM & Associates Inc. to perform the Project construction; and WHEREAS, the Project costs including construction, contingencies, and inspection are estimated in a total amount of $81,000. 10.a Packet Pg. 628 Attachment: Attachment No. 1 - Resolution No. 2020-277 [Revision 2] (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Resolution No. 2020-277 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 Director of Finance is hereby authorized to appropriate $81,000 from the Animal Shelter Improvement Fund for the Cat Sanctuary Building at Animal Shelter - HVAC Upgrade (“Project’) and amend the Fiscal Year 2020/21 CIP to include the Project. SECTION 3. The City Manager is hereby authorized to execute a construction Agreement, and any supporting documents, for Cat Sanctuary at Animal Shelter HVAC Upgrade Project 13414 with WCM and Associates, Inc., of Redlands in the amount of $68,380 on behalf of the City, attached hereto and incorporated herein as Exhibit “A”. SECTION 4. The City Manager, or designee, is authorized to expend approved contingency funds as required by the Project. 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. 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 10.a Packet Pg. 629 Attachment: Attachment No. 1 - Resolution No. 2020-277 [Revision 2] (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Resolution No. 2020-277 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. 630 Attachment: Attachment No. 1 - Resolution No. 2020-277 [Revision 2] (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC 10.b Packet Pg. 631 Attachment: Attachment No. 2 - Resolution No. 2020-277 Exhibit A - Agreement with WCM & Associates, Inc. (6969 : Contract Award for Cat 10.b Packet Pg. 632 Attachment: Attachment No. 2 - Resolution No. 2020-277 Exhibit A - Agreement with WCM & Associates, Inc. (6969 : Contract Award for Cat BID OPENING: 2:00 P.M., OCTOBER 22, 2020 NO. BID TABULA T/ON FOR CAT SANCTUARY BLDG AT ANIMAL SHELTER HVAC UPGRADE SPECIAL PROVISIONS NO. 13414 ESTIMATED QUANTITY UNIT 68,380.00 82,810.00 94,134.00 $105,000.00 $109,500.00 10.c Packet Pg. 633 Attachment: Attachment No. 3 - Bid Tabulation (6969 : Contract Award for Cat Sanctuary at Animal 10.d Packet Pg. 634 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 10.d Packet Pg. 635 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 10.d Packet Pg. 636 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 10.d Packet Pg. 637 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 10.d Packet Pg. 638 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 10.d Packet Pg. 639 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 10.d Packet Pg. 640 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 10.d Packet Pg. 641 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 10.d Packet Pg. 642 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 10.d Packet Pg. 643 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 10.d Packet Pg. 644 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 10.d Packet Pg. 645 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 10.d Packet Pg. 646 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 10.d Packet Pg. 647 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 10.d Packet Pg. 648 Attachment: Attachment No. 4 - WCM & Associates, Inc. Bid (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward ANIMAL SHELTER ELECTICAL SERVICE REPLACEMENT Project No. 13414 LOCATION MAP 333 Chandler Place 10.e Packet Pg. 649 Attachment: Attachment No. 5 - Location Map (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 3)) CITY OF SAN BERNARDINO PROJECT INFORMATION SHEET Project Name GB21- 003 Cat Sanctuary Building at Animal Shelter HVAC Upgrade Department Public Works Ward 3 CIP Type Buildings Project Location 333 Chandler Pl Project Category Ongoing Total Project Cost $81,000 Prior Year Funding $0 Remaining Needed $81,000 Project No. XXXX PROJECT DESCRIPTION Cat Sanctuary of the Animal S helter currently has a master cool swamp cooler and is about thirty (30) years old and no longer efficient. Therefore the system must be upgraded. . PROJECT FUNDING AND EXPENDITURE DETAIL Funding Source Prior Year Funding FY 20/21 Projected FY 21/22 Projected FY22/23 Projected FY 23/24 Projected FY 24/25 Projected Estimated Project Total Animal Shelter Improve. (124) $0 $81,000 $0 $0 $0 $0 $81,000 Totals $0 $81,000 $0 $0 $0 $0 $81,000 PROJECT STATUS UPDATE Construction Bids have been received construction is scheduled for December 2020. Consistency: This project is consistent with Key Target No. 1 - Financial Stability as it addresses a critical upgrade needed to safely house animals and utilize the full capacity of the existing Cat Sanctuary building for animal care programs . Forecasted Project Completion Date: June 2021 On-going Operating & Maintenance Impact: Maintenance reduced Project Manager: Saba Engineer 10.f Packet Pg. 650 Attachment: Attachment No. 6 - CIP Information Sheet (6969 : Contract Award for Cat Sanctuary at Animal Shelter - HVAC Upgrade (Ward 3)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: December 2, 2020 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By:Kris Jensen, Director of Public Works Subject: Amendment No. 1 - MOU No. 15-1001182 W/SBCTA - Redlands Passenger Rail Project (Ward 1) Recommendation Adopt Resolution No. 2020-280 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 1 to Memorandum of Understanding (MOU) No. 15- 1001182 with San Bernardino County Transportation Authority (SBCTA) for the Redlands Passenger Rail Project. Background On September 16, 2015, the Mayor and City Council adopted Resolution No. 2015 -25 approving Memorandum Of Understanding ( MOU ) No. 15- 1001182 between City of San Bernardino and San Bernardino Associated Government (SANBAG) addressing the roles and responsibilities of the Parties for the implementation of Redlands Passenger Rail Project (RPRP). The RPRP involves the implementat ion of improvements to support commuter rail service between “E” Street in the City of San Bernardino, and the University of Redlands in the City of Redlands. The existing MOU terminates on December 31, 2020. Discussion In January 2017, and after approval of the original MOU, SANBAG transitioned to be known as the San Bernardino County Transportation Authority (SBCTA). The MOU has not been updated to reflect the agency’s name change since the time of agreement approval and is now being requested. The RPRP remains an active project, currently under construction, with SBCTA as the lead agency. Given the project’s active status, there is a need to extend the term of MOU No. 15-1001182 through completion of the project. Amendments to the existing termination language are proposed as follows: Responsibilities - Section 18 is to be deleted in its entirety and replaced with the following: 18. Termination: 11 Packet Pg. 651 6977 Page 2 This MOU shall continue until terminated as provided below: a. This MOU shall continue until terminated a s provided below: i. Voluntary or involuntary transfer or assignment by either PARTY hereto without the consent of the other PARTY of any of the rights, titles, or obligations set forth in this MOU; ii. Mutual agreement of the PARTIES hereto to terminate this MOU; iii. Any default or breach of the MOU by either PARTY hereto which has not been cured within thirty (30) days after notice of such default by the other PARTY, or such later time as is reasonably necessary if the default cannot feasibly be cured wi thin such thirty (30) day period: or iv. Upon Completion of the PROJECT 2020-2025 Key Strategic Targets and Goals The proposed Amendment is consistent with Key Target No. 3: Improved Quality of Life as it facilitates the City’s partnership with SBCTA to pr ovide the community with a broad range of transportation options. Fiscal Impact There is no additional fiscal impact associated with this action. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020 -280, approving Amendment No. 1 to Memorandum of Understanding (MOU) No. 15 - 1001182 with San Bernardino County Transportation Authority (SBCTA) for the Redlands Passenger Rail Project. Attachments Attachment 1 Resolution No. 2020-280 Attachment 2 Exhibit “A” - Amendment No. 1 to SBCTA Contract No. 15 -1001182 Attachment 3 SBCTA Contract No. 15-1001182 Ward: 1 Synopsis of Previous Council Actions: September 16, 2015 Mayor and City Council adopted Resolution No. 2015 -25 approving Memorandum of Understanding No. 15 - 1001182 11 Packet Pg. 652 RESOLUTION NO. 2020-280 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING (MOU) NO. 15- 1001182 WITH SAN BER NARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR THE REDLANDS PASSENGER R AIL PROJECT WHEREAS, On September 16, 2015, the Mayor and City Council adopted Resolution No. 2015-25 approving Memorandum of Understanding No. 15 - 1001182 (MO U) between City and San Bernardino Associated Government (SANBAG) addressing the roles and responsibilities of the Parties for the implementation of Redlands Passenger Rail Project (RPRP); and WHEREAS, following the approval of the original MOU, SANBAG transitioned to be known as the San Bernardino County Transportation Authority, and now needs to be amended to reference such; and WHEREAS, the RPRP is an active project and the Parties desire to extend the MOU. 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. MOU No. 15- 1001182 with SBCTA is hereby amended to update MOU Responsibilities; specifically Section 18 is to be deleted in its entirety and replaced per Amendment No. 1, attached and incorporated herein as Exhibit “A”. SECTION 3. The City Manager is authorized to execute Amendment No. 1 to MOU N o. 15-1001182 with SBCTA. 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. 11.a Packet Pg. 653 Attachment: Attachment No. 1 - Resolution No. 2020-280 [Revision 2] (6977 : Amendment No. 1 - MOU No. 15-1001182 W/SBCTA - Redlands Resolution No. 2020-280 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 11.a Packet Pg. 654 Attachment: Attachment No. 1 - Resolution No. 2020-280 [Revision 2] (6977 : Amendment No. 1 - MOU No. 15-1001182 W/SBCTA - Redlands Resolution No. 2020-280 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. 655 Attachment: Attachment No. 1 - Resolution No. 2020-280 [Revision 2] (6977 : Amendment No. 1 - MOU No. 15-1001182 W/SBCTA - Redlands Page 1 of 3 15-1001182-01 AMENDMENT NO. 1 TO SBCTA CONTRACT NO. 15-1001182 MEMORANDUM OF UNDERSTANDING BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SAN BERNARDINO FOR REDLANDS PASSENGER RAIL PROJECT This first amendment (“AMENDMENT No. 1”) to the Memorandum of Understanding for the Redlands Passenger Rail Project (“PROJECT”), by and between the San Bernardino County Transportation Authority (“SBCTA”) and the City of San Bernardino (“CITY”) shall be effective as of the later date of either SBCTA’s or CITY’S execution of this AMENDMENT No. 1 (“Effective Date”) as set forth below. SBCTA and C ITY are sometimes hereinafter individually referred to as a “P arty” and, together as the “P arties”. RECITALS WHEREAS, San Bernardino Association of Governments (“SANBAG”) and CITY entered into a Memorandum of Understanding (Contract No. 15 -1001182) on September 16, 2015, (“MOU”) addressing the roles and responsibilities of the Parties for the implementation of PROJECT; and WHEREAS, all references to “SANBAG” in the MOU and AMENDMENT No.1 shall mean San Bernardino County Transportation Authority (SBCTA); and WHEREAS, the Parties desire extend to extend the MOU. NOW, THEREFORE, it is mutually understood and agreed by the Parties that the MOU will be amended by this AMENDMENT No. 1.; In consideration of the promises and mutual understandings contained herein, SBCTA and CITY agree to changes, deletions, and additions as identified below: 1. MOU – RESPONSIBILITIES Responsibility number 18 is deleted in its entirety and replaced with the following: 18. Termination: This MOU shall continue until terminated as provided below: 11.b Packet Pg. 656 Attachment: Attachment No. 2 - Resolution No. 2020-280: Exhibit A - Amendment No. 1 to SBCTA Contract No. 15-1001182 [Revision 1] (6977 : Page 2 of 3 15-1001182-01 a. This MOU shall continue until terminated as provided below: i. Voluntary or involuntary transfer or assignment by either PARTY hereto without the consent of the other PARTY of any of the rights, titles, or obligations set forth in this MOU; ii. Mutual agreement of the PARTIES hereto to terminate this MOU; iii. Any default or breach of the MOU by either PARTY hereto which has not been cured within thirty (30) days after notice of such default by the other PARTY, or such later time as is reasonably necessary if the default ca nnot feasibly be cured within such thirty (30) day period: or iv. Upon Completion of the PROJECT 2. The recitals set forth above are incorporated here in by this reference. 3. Except as amended by this AMENDMENT No. 1, all other provisions of the MOU shall remain in full force and effect and are incorporated herein by this reference . SIGNATURES ON THE FOLLOWING PAGE: 11.b Packet Pg. 657 Attachment: Attachment No. 2 - Resolution No. 2020-280: Exhibit A - Amendment No. 1 to SBCTA Contract No. 15-1001182 [Revision 1] (6977 : Page 3 of 3 15-1001182-01 IN WITNESS WHEREOF, the PARTIES hereto have caused this AMENDMENT No. 1 to be entered into: CITY: San Bernardino County Transportation Authority: By:________________________________ Robert D. Field City Manager Date: ________________________________ By: Ray W. Wolfe Executive Director Date: ___________________________ Attest: By:__________________________________ Genoveva Rocha, CMC, City Clerk Approved As To Form: By: ________________________________ Sonia Carvalho City Attorney Approved As To Form: By: Julianna K. Tillquist Assistant General Counsel Concurrence: By: Jeffery Hill Procurement Manager 11.b Packet Pg. 658 Attachment: Attachment No. 2 - Resolution No. 2020-280: Exhibit A - Amendment No. 1 to SBCTA Contract No. 15-1001182 [Revision 1] (6977 : San Bernardino Associated Governments SAN BAG 1170W. 3rd Street, 2nd FI, San Bernardino, CA 92410 Phone: (909) 884-8276 Fax: (909) 885-44077TRANSPORTATION Web: www.sanbag.ca.gov San Bernardino County Transportation Commission *San Bernardino County Transportation Authority San:Bernardino County Congestion Management Agency *Service Authority for Freeway Emergencies September 22, 2015 City of San Bernardino 300 N. D Street , 6th Floor San Bernardino, CA 92418 Attn: Allen Parker C/O Fawna Velci Subject: EXECUTED CONTRACT— CONTRACT 15-1001182 Dear Allen Parker: The San Bernardino Associated Governments (SANBAG) has reviewed and approved to execute contract 15-1001182 for. the Redlands Passenger Rail Project. Enclosed is a copy of the Executed Contract/:Agreement" for your records. SANBAG's Project Manager is Justin Fornelli who is the designated point of contact for all technical issues on this project. You may contact Justin Fornelli at (909) 884-8276 or via email at jfornelli@sanbag.ca.gov. If there :are :any questions or concerns with the contract/agreement, please .contact our Procurement Manager, Mr. Jeffery Hill at (909) 884-8276 or via email at jhill@.sanbag.ca.gov. - Sincerely, David Gallardo San Bernardino Associated Governments Procurement Analyst Enclosed: Contract/Agreement— 15-1001182 Cities of.Adelanto,Barstow,Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace,Hesperia,Highland,Loma Linda,Montclair Needles, Ontario,Rancho Cucamonga,Redlands,Rialto, San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa Towns of.-Apple Valley, Yucca Valley County of San Bernardino 11.c Packet Pg. 659 Attachment: Attachment No. 3 - SBCTA Contract No.15-1001182 (6977 : Amendment No. 1 - MOU No. 15-1001182 W/SBCTA - Redlands 2015-187 Contract No. 15-1001182 CONTRACT NO. 15-1001182 MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND THE CITY OF SAN BERNARDINO FOR THE REDLANDS PASSENGER RAIL PROJECT This Memorandum of Understanding ("MOU") is made and entered into by and between the San Bernardino County Transportation Commission ("SANBAG") and the City of San Bernardino ("CITY"). (SANBAG and CITY are each a "Party" and collectively Parties"). The Effective Date of this AGREEMENT shall be the date upon which SANBAG executes this AGREEMENT. RECITALS WHEREAS, SANBAG owns and is responsible for the maintenance on the Redlands Subdivision railroad right-of-way between San Bernardino and Redlands ROW"); and WHEREAS, a portion of the ROW is presently being used for operation of freight trains by the Burlington Northern Santa Fe Railway Company (`BNSF"); and WHEREAS, SANBAG desires to implement the Redlands Passenger Rail Project PROJECT") within and along the ROW; and WHEREAS, the PROJECT includes improvements located within the ROW IMPROVEMENTS") and ancillary facilities such as stations and parking facilities located on property adjoining the ROW ("FACILITIES"); and WHEREAS, the implementation and operation of the PROJECT is governed by United States Code, Title 49 - TRANSPORTATION SUBTITLE IV - INTERSTATE TRANSPORTATION, PART A - RAIL, CHAPTER 105 - JURISDICTION, Section 10501 -General jurisdiction; and WHEREAS, the PROJECT is included in the approved SANBAG Measure I 2010-2040 Ten-Year Delivery Plan and the Southern California Association of Governments' Regional Transportation Plan and is eligible to receive funds from the Measure 12010-2040 San Bernardino Valley Metrolink/Passenger Rail Program; and Page 1 of 8 11.c Packet Pg. 660 Attachment: Attachment No. 3 - SBCTA Contract No.15-1001182 (6977 : Amendment No. 1 - MOU No. 15-1001182 W/SBCTA - Redlands 2015-187 Contract No. 15-1001182 WHEREAS, SANBAG and City of Redlands have entered in to an agreement, SANBAG Contract No. 97-026, regarding parking related to the PROJECT at certain stations in the City of Redlands; and WHEREAS, SANBAG is completing an Environmental Impact Study and Environmental Impact Report ("EIS/EIR") identifying potential impacts of the PROJECT and associated mitigation measures per federal and state guidelines and plans to certify the project and move towards construction and implementation; and WHEREAS, the implementation of Quiet Zones at specific highway-rail at-grade crossings is listed as one of the preferred mitigation measures in the EIS/EIR; and WHEREAS, per Code of Federal Regulations, Title 49 Part 222, only the public authority responsible for traffic control or law enforcement at the highway-rail at-grade crossing can implement a Quiet Zone; and WHEREAS, SANBAG and CITY recognize that coordination of PROJECT utility relocations with CITY is mutually beneficial to both SANBAG and CITY and wish to minimize cost and schedule disruptions of utility relocations; and WHEREAS, SANBAG has need of and desires to reach an understanding with the CITY in carrying out SANBAG's responsibilities for design, construction, and operation of the PROJECT, specifically to define the scope of CITY'S involvement in the review and approval of design drawings, to establish defined review period time frames, and to acknowledge other necessary steps SANBAG and CITY must follow; and NOW, THEREFORE,the Parties agree to the following: RESPONSIBILITIES: 1. The Parties agree that the above referenced RECITALS are true and correct in all respects and shall constitute a substantive part of this Agreement and are incorporated herein by this reference. 2. The PROJECT as described and depicted on Exhibits A and B attached hereto and incorporated herein is located in the Cities of San Bernardino and Redlands. 3. CITY and SANBAG will meet and confer to establish SANBAG's responsibilities for construction and operation of the PROJECT, specifically to define specified time frames for review and approval of design drawings, permits, and to acknowledge other necessary steps SANBAG and CITY must follow for approval of PROJECT FACILITIES and improvements. 4. CITY and SANBAG will identify one or more contact individuals for all PROJECT related matters. Page 2 of 8 11.c Packet Pg. 661 Attachment: Attachment No. 3 - SBCTA Contract No.15-1001182 (6977 : Amendment No. 1 - MOU No. 15-1001182 W/SBCTA - Redlands 2015-187 Contract No. 15-1001182 5. SANBAG agrees to design, construct, and maintain at-grade crossing improvements along the PROJECT corridor to be Quiet Zone capable and to prepare all required applications and technical studies needed to implement Quiet Zones along the entire PROJECT corridor. - 6. CITY agrees to attend site diagnostic meetings, execute concurrence documents in compliance with CPUC General Orders 75-D and 88-13, and file all federally required documentation when construction of all PROJECT grade crossings is substantially complete in order to implement Quiet Zones within its jurisdiction at all crossings included within the scope of the PROJECT. 7. CITY agrees to consider the adoption of certain General Plan Amendments or similar land use guidance document and/or discretionary actions as may be required to reflect the revised traffic circulation system arising from the closure of crossings as determined by SANBAG, CITY, and the CPUC; and to implement parking prohibitions adjacent to crossings as may be required by the CPUC. 8. CITY and SANBAG will identify and plan for utility relocations and modifications, including streets in a coordinated manner. Specific agreements will be outlined as to which utilities need to be relocated, when they will be relocated, and who will perform the relocation work at no cost to the CITY, unless otherwise covered by separate existing agreements. CITY and SANBAG recognize the need to perform this work in a timely and cost effective manner. SANBAG recognizes the need to execute separate water utility relocation agreement(s) with the City of San Bernardino Municipal Water Department(WATER). 9. CITY agrees it will invoke its franchise/utility agreements and have its rights under those agreements imposed on utilities if it is determined utilities are in conflict with the PROJECT and require relocation. The CITY will formally inform the utilities of the CITY's intent to exercise its rights and request the relocation of utilities pursuant to the franchise/utility agreements. 10. When possible, CITY and SANBAG will coordinate PROJECT construction schedules with CITY project construction and CITY construction schedules, particularly with respect to utility relocations. 11. SANBAG and City of San Bernardino Municipal Water Department (WATER) agree to enter into one or more Agreement(s) prior to construction related to water system facility protection, relocation, or abandonment. WATER shall own and maintain all water facilities located within CITY and/or WATER right-of-way or easements. 12. SANBAG will provide a mechanism to incorporate such PROJECT "Betterments" as may be requested by the CITY and WATER. Betterments are defined as facilities which are not required for the PROJECT or required by city zoning or building regulations and are enhancements to the PROJECT. Cost sharing will be negotiated in good faith on a case-by-case basis. Page 3 of 8 11.c Packet Pg. 662 Attachment: Attachment No. 3 - SBCTA Contract No.15-1001182 (6977 : Amendment No. 1 - MOU No. 15-1001182 W/SBCTA - Redlands 2015-187 Contract No. 15-1001182 13. CITY will collaborate with SANBAG to acquire right-of-way needed to complete the implementation of the PROJECT based on the PROJECT implementation schedule to be provided by SANBAG. CITY will also collaborate with SANBAG to pursue vacation of CITY right-of-way that will no longer be needed for public purposes upon completion of the improvements. 14. CITY shall collaborate with SANBAG on amending existing grade crossing and utility license agreements as necessary to accommodate the project for each existing CITY owned utility and street crossings along SANBAG's Redlands Branch Corridor right-of-way. In addition, CITY shall collaborate with SANBAG on the execution of new grade crossing and/or utility license agreements, drafted by SANBAG, for each new and existing CITY owned utility, including streets that cross SANBAG's Redlands Branch Corridor right-of-way. The terms and conditions for each of the subject license agreements shall be negotiated by both parties in good faith on a case- by-case basis, as soon as pertinent details become available. 15. Dispute Resolution. Any dispute between the parties shall be resolved as follows: a. The individuals identified in Paragraph 3 hereof shall meet and confer in good faith to resolve the dispute. b. If unresolved the dispute shall be referred to the City Manager of CITY and SANBAG's Executive Director who shall meet and confer in good faith to resolve the dispute. In the event the dispute is still not resolved the dispute shall be referred to the governing bodies of the CITY and SANBAG who shall arrange to meet and confer (to the extent permitted by the Ralph M. Brown Act) through committees, representatives, or delegates to resolve the dispute. The decisions of the governing bodies shall be final. The CITY and SANBAG reserve all rights, following completion of the above described process, to seek appropriate relief or remedy. 16. Following completion of the PROJECT, CITY and SANBAG will continue to meet and confer on the common interests of both with respect to the safe operation and maintenance of the passenger rail system and CITY facilities including potential effects on traffic within the project limits in CITY. 17.No Party nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by any other Party under this AGREEMENT. It is understood and agreed that each Party shall fully defend, indemnify and save harmless each other Party, its officers, directors, members, employees, contractors or agents from all claims, liabilities, suits or actions of every name, kind and description brought for or on account of any injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the indemnifying Party under or in Page 4 of 8 11.c Packet Pg. 663 Attachment: Attachment No. 3 - SBCTA Contract No.15-1001182 (6977 : Amendment No. 1 - MOU No. 15-1001182 W/SBCTA - Redlands 2015-187 Contract No. 15-1001182 connection with any work, authority, action or inaction undertaken under this AGREEMENT by the indemnifying party. 18. This AGREEMENT shall continue in full force and effect through December 31, 2020. 19. All signatories hereto warrant that they are duly authorized to execute this Agreement on behalf of their respective Parties and that by so executing this AGREEMENT, the Parties hereto are formally bound to this AGREEMENT. 20. Except on subjects preempted by federal law, this AGREEMENT shall be governed and construed in accordance with the laws of the State of California. All Parties agree to follow all local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT. 21. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the Parties that the remainder of this AGREEMENT shall not be affected but shall remain in full force and effect. 22. This AGREEMENT can be amended only with a written amendment duly authorized and executed by both Parties. 23. In the event of litigation arising from this AGREEMENT, each Party to this AGREEMENT shall bear its own costs, including attorney(s) fees. 24. This AGREEMENT may be signed in counterparts, each of which shall constitute an original. 25. Any notice required or authorized to be given hereunder or any other communications between the Parties provided for under the terms of this AGREEMENT shall be in writing, unless otherwise provided for herein, and shall be served personally or by reputable courier or by facsimile addressed to the relevant party at the address/fax number stated below. 26. Notice given under or regarding this AGREEMENT shall be deemed given (a) upon actual delivery, if delivery is personally made; or (b) upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), fax or private courier including overnight delivery services. Notice shall be sent to the respective Party at the address indicated below or to any other address as a Party may designate from time to time by a notice given in accordance with this paragraph. Page 5 of 8 11.c Packet Pg. 664 Attachment: Attachment No. 3 - SBCTA Contract No.15-1001182 (6977 : Amendment No. 1 - MOU No. 15-1001182 W/SBCTA - Redlands 2015-187 Contract No. 15-1001182 If to SANBAG: Raymond Wolfe, Executive Director 1170 West 31° Street, Second Floor San Bernardino, CA 92410-1715 909) 884-8276 If to City of San Bernardino: Allen Parker, City Manager . 300 N. "D" Street, 6"Floor San Bernardino, CA 92418 909) 384-5122 26. Exhibit A (Project Description) and Exhibit B (Project Location Map) are attached to and incorporated into this AGREEMENT. IN WITNESS WHEREOF,the Parties have executed this AGREEMENT below. SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO TRANSPORTATION COMMISSION By: By: Raym nd Wolfe X11eirParker SANBAG Executive Director City Manager Date:1i//f Date: APPROVED AS TO FORM: APPROVED AS TO FORM: B lav xLz BY Y• Robert D. Herrick Eary Saenz Asst. SANBAG General Counsel tt rney Date: I? Date: CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT By: Stacey R Aldstadt General Manager Date:JaAl Page 6 of 8 11.c Packet Pg. 665 Attachment: Attachment No. 3 - SBCTA Contract No.15-1001182 (6977 : Amendment No. 1 - MOU No. 15-1001182 W/SBCTA - Redlands 2015-187 Contract No. 15-1001182 MEMORANDUM OF UNDERSTANDING NO. 15-1001182 EXHIBIT A- Project Overview The Redlands Passenger Rail Project(RPRP) encompasses an approximately nine-mile corridor extending east from the City of San Bernardino to the City of Redlands. The project extends along an existing railroad right-of-way owned by SANBAG and commonly referred to as the Redlands Branch or Subdivision. The project proposes the operation of passenger rail service between E Street in the City of San Bernardino and the University of Redlands, in the City of Redlands. Passenger rail service will be facilitated by up to five station stops. Up to four new station stops will be constructed in conjunction with RPRP. These include possibly one station located at either Tippecanoe Avenue or Waterman Avenue within the City of San Bernardino and New York Street, Orange Street, and University Street within the City of Redlands. The fifth station is being constructed at E Street in San Bernardino as part of the Downtown San Bernardino Passenger Rail Project. SANBAG also proposes the replacement of the existing railroad tracks and ties, reconstruction or rehabilitation of existing bridge structures,potential construction of a new train layover facility, and auxiliary improvements such as at-grade highway crossing and safety enhancements, new parking facilities, and improvements to pedestrian access. The project is currently considering three vehicle options for operations: two (2)types of diesel-powered locomotives and one (1) type diesel multiple units (DMU). The final vehicle type selected will meet Tier 4 emission requirements. Frequency of these vehicles would be 30 minute headways during AM and PM peak travel times and hour headways during off-peak times traveling between the E Street and University of Redlands Stations. Functionality will be built into the system to allow for Metrolink a limited number of trains. 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Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: HOME Investment Partnerships Program Infill Housing Development Master Agreements (Wards 1,2,7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2020 -281 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Home Investment Partnerships Program (HOME) Infill Housing Development Master Agreements with Neighborhood Partnerships Housing Services (NPHS) and Mary Erick son Community Housing (MECH) to implement the Infill Housing Program; and 2. Authorize the City Manager or designee to take any further actions and execute any further documents as necessary to effectuate the agreements. Background In 2016, the City initiated the HOME-funded Infill Housing Program. The Infill Housing Program utilizes City or Successor Agency-owned single-family properties for the construction of single-family manufactured houses, or rehabilitation of existing vacant houses. The houses are sold to first-time home buyers whose income is at 80% of the Area Median Income (AMI) for San Bernardino County. The 2020 income, at 80% AMI for a family of four, is $60,250. The goals of the Infill Housing Program are to encourage homeownership, stabilize neighborhoods and improve the economic well- being of neighborhoods. Neighborhood Partnership Housing Services (NPHS) has participated as a developer in the Infill Housing Program since 2016. Mary Erickson Community Housing (MECH) is a new developer to the program. However, MECH has a long standing relationship with the City, since MECH worked with the former Redevelopment Agency in acquiring and rehabilitating 13 fourplexes in the Eastpointe neighborhood. MECH still owns and manages those afford able units. 12 Packet Pg. 668 6981 Page 2 Discussion There are approximately 50 vacant City or Housing Successor -Agency owned single - family properties throughout the City. The City must undertake weed abatement and remove debris from the properties on a regular basis. Utilizing the properties for ownership housing will help visibly improve neighborhoods, and meet the City’s Consolidated Plan goal of expanding homeownership. In fiscal years 2018/19 and 2019/20, a total of five infill houses were built. Unfortunately, the City ha s been the sole funding source for the program; consequently the scale of development has been limited by the amount of HOME funds the City can dedicate to the endeavor. Additionally, the exclusive use of City resources is not financially prudent, because it places a disproportionate amount of the risk on the City. However, as a result of housing division’s participation in the Accelerating Investments in Healthy Communities (AIHC) initiative, the AIHC home team successfully promoted the City’s housing programs to Dignity Health’s Community Investment group and the Robert Wood Johnson Foundation (RWJ). Consequently, in October, Dignity Health approved a $2.1 million line of credit, exclusively for housing production in the City of San Bernardino. The R WJ is in the final stages of reviewing an application for a $1.5 million revolving loan fund for housing production in the City of San Bernardino. The availability of the line of credit and revolving loan fund to developers will accelerate and enhance the City’s ability to transform vacant, blighted lots into new single -family homes. With the funds that have been leveraged, the City has reduced its funding contribution for the Infill Housing Program from 100 percent to 27 percent; whereas private and found ation sources will fund 73 percent of the program. The HOME Agreements (Agreements) provide grant funding in an amount not to exceed $700,000 ($350,000 for each NPHS and MECH). The term of the Agreements is for two years, with an option for a one yea r extension. The Agreements are for the first phase of the Infill Housing Program that will result in the development of seven houses (four by NPHS and three by MECH). In the second phase of the Infill Housing Program, it is anticipated fourteen houses will be built. The development time frame is approximately twenty-four months, which includes marketing and sale of the properties. 2020-2025 Key Strategic Targets and Goals Authorization to execute the HOME Agreements aligns with Key Target No. 4: Economic Growth & Development by bringing development investment into the City, leveraging limited City resources, and increasing the City’s property tax base. 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: 12 Packet Pg. 669 6981 Page 3 1. Adopt Resolution No. 2020 -281 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Home Investment Partnerships Program (HOME) Infill Housing Development Master Agreements with Neighborhood Partnerships Housing Services (NPHS) and Mary Erickson Community Housing (MECH) to implement the Infill Housing Program; and 2. Authorize the City Manager or designee to take any further actions and execute any further documents as necessary to effectuate the agreements. Attachments Attachment 1 HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement with NPHS Attachment 2 HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement with MECH Attachment 3 NPHS and MECH Proposed Infill Housing Sites Attachment 4 Resolution No. 2020-281 Ward: 1, 2, 7 Synopsis of Previous Council Actions: September 5, 2018 Mayor and City Council authorized the execution of amendment 1 to the HOME Agreement with NPHS for the Infill Housing Program. October 4, 2017 Mayor and City Council authorized the execution of HOME Agreement with NPHS for the Infill Housing Program. September 16, 2016 Mayor and City Council authorize execution of HOME Agreement with HP1 for the Infill Housing Program. 12 Packet Pg. 670 RESOLUTION NO.2020-281 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) INFILL HOUSING DEVELOPMENT MASTER AGREEMENTS WITH NEIGHBORHOOD PARTNER SHIPS HOUSING SERVICES (NPHS) AND MARY ERICKSON COMMUNITY HOUSING (MECH) TO IMPLEMENT THE INFILL HOUSING PROGRAM WHEREAS, the City has received HOME Investment Partnership Act (HOME) funds form the United States Department of Housing and Urban Development (“HUD”) pursuant to the Cranston-Gonzalez National Housing Act of 1990, The HOME funds must be used by the City in accordance with 24 CFR Par 92; and WHEREAS, the HOME Program is designed to create affordable housing for low and moderate income households and may be used to fund a wide range of activities including the building, buying, and/or rehabilitation of affordable housing for rent or homeownership or providing direct rental assistance; and WHEREAS, NPHS and MECH are qualified developers for the purposes of constructing or reconstructing infill housing on blighted or underutilized sites (“Eligible Properties”) and selling the Eligible Properties to qualified households; and WHEREAS, the Infill Housing Program was approved by the Mayor and City Council on September 19, 2016; and WHEREAS, the City desires to provide HOME funds to NPHS and MECH, on the terms and conditions set forth in the HOME Infill Housing Development Master Agreements ; and WHEREAS, this project is subject to environment review under Section 15192 and 15194 of the California Environmental Quality Act (CEQA) and 24 CF R 5836 of the National Environmental Protection Act. 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 designee is hereby authorized to enter into HOME Infill Housing Development Master Agreements with Neighborhood Partnership Housing Services (NPHS) and Mary Erickson Community Housing (MECH) for the implementation of the Infill Housing Program. 12.a Packet Pg. 671 Attachment: ATTACHMENT NO. 1 Resolution No. 2020-281 (6981 : HOME Investment Partnerships Program Infill Housing Development Master Resolution No. ___ 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 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 12.a Packet Pg. 672 Attachment: ATTACHMENT NO. 1 Resolution No. 2020-281 (6981 : HOME Investment Partnerships Program Infill Housing Development Master Resolution No. ___ 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. 2020-281, 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. 673 Attachment: ATTACHMENT NO. 1 Resolution No. 2020-281 (6981 : HOME Investment Partnerships Program Infill Housing Development Master 12.b Packet Pg. 674 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 675 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 676 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 677 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 678 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 679 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with 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Program Infill 12.b Packet Pg. 721 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 722 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 723 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 724 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 725 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 726 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 727 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 728 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 729 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 730 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 731 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 732 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 733 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 734 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 735 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 736 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 737 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 738 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 739 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 740 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 741 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 742 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 743 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 744 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 745 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 746 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 747 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 748 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 749 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 750 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 751 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 752 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 753 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 754 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 755 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 756 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 757 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 758 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 759 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 760 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 761 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 762 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 763 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 764 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 765 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 766 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 767 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 768 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 769 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 770 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 771 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 772 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 773 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 774 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 775 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 776 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 777 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 778 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 779 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 780 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 781 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 782 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 783 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 784 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 785 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 786 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 787 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 788 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 789 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 790 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.b Packet Pg. 791 Attachment: ATTACHMENT NO. 2 HOME Development Master Agreement with NPHS (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 792 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 793 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 794 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 795 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 796 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 797 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 798 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 799 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 800 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 801 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 802 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 803 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 804 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 805 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 806 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 807 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 808 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 809 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 810 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 811 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 812 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 813 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 814 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 815 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 816 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 817 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 818 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 819 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 820 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 821 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 822 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 823 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 824 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 825 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 826 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 827 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 828 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 829 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 830 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 831 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 832 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 833 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 834 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 835 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 836 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 837 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 838 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 839 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 840 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 841 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 842 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 843 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 844 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 845 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 846 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 847 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 848 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 849 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 850 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 851 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 852 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 853 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 854 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 855 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 856 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 857 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 858 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 859 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 860 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 861 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 862 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 863 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 864 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 865 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 866 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 867 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 868 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 869 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 870 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 871 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 872 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 873 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 874 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 875 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 876 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 877 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 878 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 879 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 880 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 881 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 882 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 883 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 884 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 885 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 886 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 887 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 888 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 889 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 890 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 891 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 892 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 893 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 894 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 895 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 896 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 897 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 898 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 899 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 900 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 901 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 902 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 903 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 904 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 905 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 906 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 907 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 908 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 909 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 910 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill 12.c Packet Pg. 911 Attachment: ATTACHMENT NO. 3 HOME Development Master Agreement with MECH (6981 : HOME Investment Partnerships Program Infill ATTACHMENT No. 3 PROPOSED SITES FOR INFILL HOUSING PROGRAM – PHASE 1 NPHS Proposed Sites Site Address Ward 532 Ramona Avenue 1 676 W. 10th Street 2 815 W. Orange Street 2 2129 Wall Avenue 2 MECH Proposed Sites 938 N. G Street 2 140 W. 13th Street 2 2060 E. 18th Street 7 12.d Packet Pg. 912 Attachment: ATTACHMENT NO. 4 NPHS and MECH Proposed Infill Housing Sites (6981 : HOME Investment Partnerships Program Infill Housing Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: December 2, 2020 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Subordination of Deed of Trust - 1545 Lynwood Way (Ward7) Recommendation Adopt a Resolution No. 2020 -282 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino approving a Subordination of a Deed of Trust in connection with a refinancing of the Senior Mortgage Relating to real property located at 1545 Lynwood Way, San Bernardino, California. Background On October 17, 1994, the Co mmunity Development Commission of the City of San Bernardino (“Commission”) approved Resolution 5409, establishing the Mortgage Assistance Program, subsequently renamed the Homebuyer Assistance Program, which made available a limited number of deferred payment (principal and interest) second mortgages. This Program was designed to provide income -qualified families with down payment/closing cost monies necessary to secure financing towards the purchase of single-family detached homes in the City and provide d an additional avenue for the former Redevelopment Agency of the City of San Bernardino (“Agency”) to ensure the availability of affordable housing to income -qualified home buyers in the community. On January 9, 2012, the Mayor and Common Council adopted Resolution 2012-12 confirming that the City of San Bernardino would serve as the “Successor Agency” to the former Agency, in accordance with AB1X 26. On January 23, 2012, the Mayor and City Council adopted Resolution 2012 -19 further confirming that the C ity would serve as the “Successor Housing Agency” to the former Redevelopment Agency and perform the housing functions previously performed by the Agency. Discussion The Homebuyer Assistance Program allows program participants to refinance their mortgage only to lower the interest rate and/or term. Should the homeowner request to “cash out” the property’s equity the subordination request would be denied and the Agency loan would become due. 13 Packet Pg. 913 6983 Page 2 The owner for the property located at 1545 Lynwood Way receive d down payment assistance and is now requesting to refinance their existing first mortgage. The owner of the property listed above has submitted a subordination request to Successor Housing Agency staff and the application has been reviewed and approved. To proceed with the refinancing, the new lender and title company require the Agency’s deed of trust to be expressly subordinated to the new first deed of trust. Therefore, staff requests that the City Manager, or designee, be authorized to sign and cause to be recorded the subordination agreement and associated documents which will allow the property owner to refinance their first mortgage. 2020-2025 Key Strategic Targets and Goals Adoption of the attached resolution aligns with Key Strategic Target No. 3: Improved Quality of Life. Refinancing supports homeownership and sustains neighborhoods throughout the City. Fiscal Impact There is no fiscal impact to the General Fund since the staff processing the request is funded by the Recognized Obligation Payment Scheduled (ROPS). Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino, adopt Resolution No. 2020 -282, approving the Subordination of a Deed of Trust in connection with a refinancing of the Senior Mortgage relating to real property located at 1545 Lynwood Way, San Bernardino, California. Attachments Attachment 1 Resolution No. 2020-282 Attachment 2 Subordination Agreement for 1545 Lynwood Way Ward: 7 Synopsis of Previous Council Actions: January 23, 2012 Mayor and City Council adopted Resolution 2012 -19 further confirming that the City would serve as the “Successor Housing Agency” to the former Redevelopment Agency and perform the housing functions previously performed by the Agency. 13 Packet Pg. 914 RESOLUTION NO. 2020-282 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING THE SUBORDINATION OF A DEED OF TRUST IN CONNECTION WITH A REFINANCING OF THE SENIOR MORTGAGE RELATING TO REAL PROPERTY LOCATED AT 1545 LYNWOOD WAY, SAN BERNARDINO, CALIFORNIA WHEREAS, on January 9, 2012, the Mayor and City Council of the City of San Bernardino, California, (“Council”) adopted Resolution No. 2012-12 confirming that the City of San Bernardino would serve as the Successor Agency to the R edevelopment Agency (“Agency”) of the City of San Bernardino (“Successor Agency”) effective February 1, 2012, pursuant to AB1X 26 (The Redevelopment Agency Dissolution Act); and WHEREAS on January 23, 2012, the City Council adopted Resolution No. 2012-19 providing for the City to serve as the Successor Housing Agency and perform the housing functions previously performed by the Agency; and WHEREAS, pursuant to Health & Safety Code Section 34181(c) of AB1X26 the Oversight Board is to direct the transfer of housing responsibilities, including all rights, powers, duties, obligations and assets, to the Successor Housing Agency; and WHEREAS, pursuant to Health & Safety Code Section 34176(e)(1) of AB1484 the restrictions on the use of real property such as affordability covenants entered into by the Agency are considered a housing asset; and WHEREAS, a Deed of Trust affecting real property located at 1545 Lynwood Way, San Bernardino, California (“Property”) exists as of July 22, 2009, and recorded on November 9, 2009, as Instrument Number 2009-0487429 in the Official Records of the County of San Bernardino (“Deed of Trust”); and WHEREAS, the terms of the Deed of Trust allow the Trustor to obtain the release of the security interest of the First Mortgage Lender in the Property for the purpose of a third-party lender which refinances the purchase money mortgage of the First Mortgage Lender; and WHEREAS, an escrow has been opened on the Property affected by the Deed of Trust on which owner(s) (Hector & Kenia Garcia ) request the subordination so that they can proceed on a refinance and a clear lenders title policy can be provided to the new lender of the Property; and WHEREAS, the Successor Housing Agency desires to confirm that the Deed of Trust is a housing asset and/or housing function, and desires to authorize Successor Housing Agency staff to transfer all rights and interest in the Deed of Trust to the City in its capacity as the Successor Housing Agency; and 13.a Packet Pg. 915 Attachment: Attachment No. 1 - Resolution 2020-282 (6983 : Subordination of Deed of Trust - 1545 Lynwood Way (Ward7)) Resolution No. 2020-282 WHEREAS, Successor Housing Agency staff desires to cause to be signed and recorded a subordination agreement for the purposes of causing the new third-party lender to have a security interest in the Property senior to that of the Successor Housing Agency. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, ACTING AS THE SUCCESSOR HOUSING AGENCY OF THE REDEVELOPMENT AGENCY 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. Pursuant to Health & Safety Code Section 34176, the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino does hereby find and determine that the Deed of Trust is a housing asset and hereby authorizes the City Manager or his/her designee, to execute the Subordination Agreement (attached and incorporated herein as Exhibit “A”) and do all such acts and things necessary to cause it to be record ed with the San Bernardino County Recorder. SECTION 3. That the City Council acting as the Successor Housing Agency of the Redevelopment Agency 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. 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 Attest: City of San Bernardino Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho , City Attorney 13.a Packet Pg. 916 Attachment: Attachment No. 1 - Resolution 2020-282 (6983 : Subordination of Deed of Trust - 1545 Lynwood Way (Ward7)) Resolution No. 2020-282 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. 2020-282, 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 13.a Packet Pg. 917 Attachment: Attachment No. 1 - Resolution 2020-282 (6983 : Subordination of Deed of Trust - 1545 Lynwood Way (Ward7)) 1 When recorded mail to: City of San Bernardino, acting in its capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino 290 North D Street San Bernardino, CA 92401 Owner Name: Hector Garcia & Kenia Garcia 1545 Lynwood Way Highland , CA 92346 SPACE ABOVE THIS LINE FOR RECORDERS USE. Form of SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. This AGREEMENT, made this day of , 2020, by (Hector & Kenia Garcia ), Owner of the land hereinafter described and hereinafter referred to as "Owner," and the City of San Bernardino, acting in its capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino , present owner and holder of the Deed of Trust and Note; WITNESSETH WHEREAS, Owner(s) did on July 22, 2009, execute a Deed of Trust to First American Title Insurance Company , a California Corporation, as trustee, covering: LEGAL DESCRIPTION: The land herein after referred to is situated in the City of San Bernardino, County of San Bernardino, State of California, and is described as follows: LOT 2 OF TRACT NO 17793, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP IN BOOK 332, PAGES 86 THROUGH 89 OF MAP, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY (APN 1191-231-53 -0-000) to secure a Note in the sum of $53,998 dated July 22, 2009 in favor of the Redevelopment Agency of the City of San Bernardino first hereinafter described and hereinafter referred to as "Beneficiary", which Deed of Trust was recorded November 9, 2009, as Instrument No. 2009-0487429, Official Records of said county; WHEREAS, all rights and obligations of the Beneficiary have since been transferred to the City of San Bernard ino as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino (“Successor Beneficiary”) pursuant to Mayor and Commo n Council Resolution No. 2012-19 dated January 23, 2012; WHEREAS, Owner has executed, or is about to execute, a Deed of Trust and Note in the sum of not to exceed $179,000, dated _________________, in favor of Arrowhead Capital Corporation ISAOA , hereinafter referred to as “Lender,” payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and 13.b Packet Pg. 918 Attachment: Attachment No. 2 - Subordination Agreement 1545 Lynwood Way (6983 : Subordination of Deed of Trust - 1545 Lynwood Way 2 WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land herein before described, prior and superior to the lien or charge of the Deed of Trust first above mentioned; and WHEREAS, lender is willing to make said loan provided the Deed of Trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the Deed of Trust first above mentioned and provided that Successor Beneficiary will specifically and unconditionally subordinate the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Successor Beneficiary is willing that the Deed of Trust securing th e same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: 1. That said Deed of Trust securing said Note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge or the Deed of Tru st first above mentioned. 2. That Lender would not make its loan above described without this Subordination Agreement. 3. That this A greement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Trust firs t above mentioned to the lien or charge of the Deed of Trust in favor of the lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the Deeds of Trust hereinbefore specifically described, any prior ag reement as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or Deeds of Trust or to anothe r mortgage or mortgages. Successor Beneficiary declares, agrees and acknowledges that: (a) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (b) Successor Beneficiary intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor of Lender above referred to and understands t hat in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be make and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (c) An endorsement has been placed upon the Note secured by the Deed of Trust first above mentioned that said Deed of Trust has by this instrument been subordinated to the lien or charge of the Deed of Trust in favor or Lender above referred to. 13.b Packet Pg. 919 Attachment: Attachment No. 2 - Subordination Agreement 1545 Lynwood Way (6983 : Subordination of Deed of Trust - 1545 Lynwood Way 3 NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. City of San Bernardino, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino _____________________________________ ____________________________________ Robert D. Field , City Manager Owner City of San Bernardino Owner (ALL SIGNATURES MUST BE ACKNOWLEDGED) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. 13.b Packet Pg. 920 Attachment: Attachment No. 2 - Subordination Agreement 1545 Lynwood Way (6983 : Subordination of Deed of Trust - 1545 Lynwood Way