HomeMy WebLinkAboutRESO 2021-031 DERCRESOLUTION NO. 2021-031 -D/ERC
SECTION 4. CONDITIONS OF APPROVAL:
The approval of Subdivision 21-05 (Tentative Parcel Map 20392) and Development Permit Type-D 21-07 shall be subject to the following Conditions of Approval:
1.This approval is to allow the consolidation of twelve (12) parcels into one (1) parcel containing a total of approximately 9.55 acres; and allow the development and establishment of an industrial warehouse building containing approximately 231,436 square feet. The project site is located on the northeast comer ofE. Norman Road and S. Lena Road (APN: 0280-171-13, 14, 15, 16, 18, and 19; and 0280-191-05, 06, 07, 08, 09, and 10), within the Industrial Light (IL) zone.
2.The project site shall be developed and maintained in accordance with the plans stamped November 17, 2021 (EXHIBIT "A"), approved by the City, which includes a site plan, floor plan, exterior elevations and concept landscaping plan on file in the Planning Division; the Conditions of Approval contained herein; and, the City's Municipal Code regulations.
3.The project shall be subject to all of the mitigation measures contained within the Mitigation Monitoring and Reporting Program (EXHIBIT "B"), dated November 17, 2021, and incorporated herein by reference as Conditions of Approval.
4.Within two (2) years of the Development Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval.
EXPIRATION DATE: November 17, 2023
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 submittalitems, thirty (30) days prior to the expiration date. The review authority shall ensure that theproject complies with all Development Code provisions in effect at the time of the requestedextension.
6.In the event this approval is legally challenged, the City will promptly notify the applicant ofany claim, action or proceeding and will cooperate fully in the defense of this matter. Oncenotified, the applicant agrees to defend, indemnify and hold harmless the City of SanBernardino (City), any departments, agencies, divisions, boards or commission of the City aswell as predecessors, successors, assigns, agents, directors, elected officials, officers,employees, representatives and attorneys of the City from any claim, action or proceedingagainst any of the foregoing persons or entities.
The applicant further agrees to reimburse the City for any costs and attorneys' fees, which theCity may be required by a court to pay as a result of such action, but such participation shallnot relieve applicant of his or her obligation under this condition. The costs, salaries, and9