HomeMy WebLinkAbout08-21-2024 Revised PacketMayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
REVISED AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE
HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY
WEDNESDAY, AUGUST 21, 2024
4:00 PM CLOSED SESSION 5:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY 555 W 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran
Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Rochelle Clayton
COUNCIL MEMBER, WARD 2 ACTING CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino
PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 3845002 TWO
WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR
REASONABLE ACCOMMODATIONS
To view PowerPoint presentations, written comments, or any revised
documents for this meeting date, use this link: tinyurl.com/agendabackup.
Select the corresponding year and meeting date folders to view documents.
*Agenda has been revised to correct an error on the page numbers listed for Item No. 6 – No. 12.
Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L. Alexander
Mayor Helen Tran
Acting City Manager Rochelle Clayton
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
4:00 P.M
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
A. Public Employee Performance Evaluation (Pursuant to Government Code
Section 54957) P.11
Acting City Manager (Acting City Manager Initiated Goal Setting Process)
5:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PRESENTATIONS
1. Proclamation for International Overdose Awareness Day in the City of San
Bernardino – August 31, 2024 (All Wards) P.12
PUBLIC HEARING
2. Appeal 2402 of Appeal 2401 for Development Permit TypeD 2118, 19, 20, and 21
(Ward 3) P.14
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution No. 2024145 denying Appeal 2402, thereby upholding the Planning
Commission’s denial of Appeal 2401 for Development Permit TypeD 2118, 19, 20, and
21, which upholds the Development and Environmental Review Committee’s (DERC)
adoption of the Mitigated Negative Declaration in conjunction with the approval of
Development Permit TypeD 2118, 19, 20, and 21, allowing the development and
establishment of five (5) service commercial buildings totaling approximately 67,451 square
feet on several APNs for a combined 4.81 acres within the Commercial Regional (CR3)
zone.
Mayor and City Council of the City of San Bernardino Page 3
3. Appeal 2403 for Development Permit TypeP 2205 (Ward 3) P.388
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2024181 of the Mayor and City Council of the City of San
Bernardino, California, denying Appeal 2403 thereby upholding Planning
Commission’s denial of Development Permit Type–P 2205 to allow the
development, establishment, and operation of a truck and trailer parking facility on a
parcel containing approximately 2.90 acres, located on the Southeast corner of W.
Rialto Avenue and S. Rancho Avenue (APN: 014221222) within the Industrial Light
(IL) zone (Attachment 1).
OR
2. Adopt Resolution No. 2024182 of the Mayor and City Council of the City of San
Bernardino, California, granting Appeal 2403 of the Planning Commission’s denial,
thereby approving Development Permit Type–P 2205 to allow the development,
establishment, and operation of a truck and trailer parking facility on a parcel
containing approximately 2.90 acres, located on the Southeast corner of W. Rialto
Avenue and S. Rancho Avenue (APN: 0142‑21222) within the Industrial Light (IL)
zone; and finding the project subject to a Categorical Exemption under the California
Environmental Quality Act (Attachment 6).
4. Specific Plan Amendment 2302 and Conditional Use Permit Revision 2311 (Ward 6)
Recommendation: P.505
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2024183 of the Mayor and City Council of the City of San
Bernardino, California, considering an Environmental Impact Report, making
Responsible Agency Findings, and adopting a Statement of Overriding
Considerations, Mitigation Monitoring and Reporting Program, and an Addendum
to the Environmental Impact Report (Attachment 1); and
2. Introduce, read by title only, and waive further reading of Ordinance No. MC1641
of the Mayor and City Council of the City of San Bernardino, California, approving
Specific Plan Amendment 2302 amending the CalMat/Cajon Creek Specific Plan
Design Guidelines governing mining depths and areas within the City of San
Bernardino Areas K, L, M, and N (Attachment 6); and
3. Adopt Resolution No. 2024184 of the Mayor and City Council of the City of San
Bernardino, California, approving Conditional Use Permit Revision 2311
amending Conditional Use Permit 9131/Reclamation Plan allowing the
consolidation of the City’s Reclamation Plan with an updated Amended
Reclamation Plan to allow for the continuation of an aggregate mining operation
within the San Bernardino County Area Q and City of San Bernardino Areas K, L,
M, and N on a project site containing approximately 530.5 acres located
southwest of Cajon Boulevard between Institution Road to the north and Devils
Creek Diversion Channel to the south within Specific Plan – CalMat/Cajon Creek
Industrial Extractive and Industrial Light zone designations (Attachment 8); and
4. Schedule the adoption of the Ordinance for the regularly scheduled meeting of
the Mayor and City Council on September 4, 2024.
CITY MANAGER UPDATE
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Mayor and City Council of the City of San Bernardino Page 4
CONSENT CALENDAR
5. Approval of Various Mayor and City Council Meeting Minutes. P.652
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
approve the meeting minutes for the following dates:
1. April 5, 2023, Special Closed Session Meeting of the Mayor and City Council
2. April 5, 2023, Regular Meeting of the Mayor and City Council
3. April 19, 2023, Regular Meeting of the Mayor and City Council
4. August 18, 2023, Special Closed Session Meeting of the Mayor and City Council
5. August 21, 2023, Special Closed Session Meeting of the Mayor and City Council
6. Approval of Commercial and Payroll Disbursements (All Wards) P.684
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
approve the commercial and payroll disbursements for July 2024.
7. Accept Grant Funds from the California Emerging Technology Fund to Advance
Digital Equity (All Wards) P.740
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024185:
1. Authorizing the City Manager or designee to accept grant award funds in the
amount of $1,000 from the California Emerging Technology Fund to; and
2. Authorizing the City Manager or designee to conduct all negotiations, signing, and
submittals of necessary documents to receive the grant award funds; and
3. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 budget in both revenues and expenses and appropriate $1,000 in grant
award funds to be used towards advancing digital equity.
8. Accept Donation and Budget Amendments (All Wards) P. 746
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024186 to: Authorize the Acting City Manager to accept $53,508.17
from the Imperial County Office of Education (ICOE) and $102 donation from the San
Bernardino Emblem Club No. 178. Authorize the Interim Director of Finance and
Management Services to amend the FY 2024/25 General Fund Operating Budget by
$53,610.17 in both revenues and expenditures.
9. Amendment No. 3 to Goods Purchase Agreement with Ingram Library Services, LLC.
(All Wards) P.756
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
authorize the City Manager to execute Amendment No. 3 to the Goods Purchase Agreementwith
Ingram Library Services, LLC, for a oneyear option for Fiscal Year 2024/25 and increasing
the annual amount by $65,000 for a notto exceed amount of $150,000 for the purchase of
library books and authorize the Interim Director of Finance and Management Services to
approve a purchase order for an amount not to exceed $150,000.
Mayor and City Council of the City of San Bernardino Page 5
10. FiveYear Capital Improvement Plan FY 2024/25 to FY 2028/29 for Measure I Local
Expenditures(All Wards) P.782
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution 2024187 approving the Measure I FiveYear Capital Improvement Plan for
Fiscal Year 2024/25 through Fiscal Year 2028/29 and
Measure I Expenditure Strategy.
11. Agreement with Espinoza Electric, dba Quality Electric and Horizon Lighting for
Street Light Maintenance and Related Services (All Wards) P.790
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute a Maintenance Services Agreement with
Espinoza Electric dba: Quality Light & Electrical; and
2. Execute a second Maintenance Services Agreement with Horizon Lighting for
street light maintenance and related services; and
3. Authorize the Director of Finance and Management Services to issue a purchase
order in the amount of $750,000 to Espinoza Electric dba: Quality Light &
Electrical, Inc.; and
4. Authorize the Director of Finance and Management Services to issue a second
purchase order in the amount of $750,000 to Horizon Lighting.
12. Approve Final Tract Map No. 20421 (Ward 5) P.883
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024189, approving Final Tract Map No. 20421 (Subdivision 2111)
involving the subdivision a parcel (APN 026115110) containing 6.10 acres into twentyfive
(25) single family lots located at the southwest corner of W. Belmont Avenue and N. Olive
Avenue, accepting the public dedications as set forth on said map; and authorizing
execution of the standard form of agreement for the subdivision improvements.
13. Approve Stop Sign Installation on 40th Street and Parkside Drive (Ward 4,7) P.953
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024188 authorizing the City Manager and/or designee to amend
Resolution No. 655 entitled, in part, “A Resolution… designating certain streets or portions
thereof as through highways…” and authorizing the establishment of an allway stop control
at the intersection of 40th Street and Parkside Drive.
DISCUSSION
14. Cal Cities General Assembly Appointment of Voting Delegates and Alternates (All
Wards) P.963
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
approve the selection of one voting delegate and up to two alternate voting delegates to the
2024 Cal Cities Annual Conference and Expo on October 1618, 2024, in Long Beach,
California Convention Center.
Mayor and City Council of the City of San Bernardino Page 6
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on September 04,
2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California
92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that
the agenda for the August 21, 2024, 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 Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on
the City's website sbcity.org on Friday, August 16, 2024.
I declare under the penalty of perjury that the foregoing is true and correct.
Mayor and City Council of the City of San Bernardino Page 7
NOTICE:
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
on the agenda, 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 during the period reserved for public comments.
In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21,
2018, the following are the rules set forth for Public Comments and Testimony:
Public Comments and Testimony:
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding
officer determines that the meeting or hearing may be lengthy or complicated, the presiding
officer may, in his or her discretion, modify these rules, including the time limits stated below.
Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card
and turn in the speaker reservation card to the City Clerk prior to the time designated on the
agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure
of a person to promptly respond when their time to speak is called shall result in the person
forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment
audibly state into the microphone, if one is present, his or her name and address before
beginning
comment. If that person is representing a group or organization the presiding officer may request
that the speaker identify that group or organization, including that group or organization' s
Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to
provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3)
minutes per meeting, to address items on the agenda and items not on the agenda
but within the subject matter jurisdiction of the Mayor and City Council.
5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of
the public desiring to provide public testimony at a public hearing shall have a
reasonable time, not to exceed ( 3) minutes, to provide testimony during each
public hearing.
Mayor and City Council of the City of San Bernardino Page 8
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 threeminute limitation shall apply to each
member of the public, unless such time limit is extended by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to "share" his/her three minutes with any other member
of the public.
Speakers who wish to present documents to the governing body may hand the documents to the
City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to
the Redevelopment Agency may refer any item raised by the public to staff, or to any
commission, board, bureau, or committee for appropriate action or have the item placed on the
next agenda of the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor
discussion held by the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency on any item which does not appear on the
agenda unless the action is otherwise authorized in accordance with the provisions of
subdivision (b) of Section 54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public hearing has
been conducted and closed.
Mayor and City Council of the City of San Bernardino Page 9
ALTERNATE MEETING VIEWING METHOD:
If there are any technical issues with the live stream or recording from the main agenda portal or if you require
an option with Closed Captioning, you may view the meeting from the following location (TV3).
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
Written comments can be emailed to publiccomments@sbcity.org. Written public comments
received up to 2:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided
to the Mayor and City council and made part of the meeting record. Written public comments will
not be read aloud by city staff. Written correspondence can be accessed by the public online at
tinyurl.com/agendabackup .
Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the
cutoff time for public comment, and the time may vary per meeting. If you wish to submit your
speaker slip in advance of the meeting, please submit your request to speak using the form on the
following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the
2:30 p.m. deadline will not be accepted.
Please note: messages submitted via email and this page are only monitored from the publication
of the final agenda until the deadline to submit public comments. Please contact the City Clerk at
9093845002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. Written correspondence
submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting.
MEETING TIME
NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21,
2024:
“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M.,
the Mayor and City Council shall determine which of the remaining agenda items can be considered and
acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a
future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting
beyond 10:00 P.M. to discuss specified items.”
Mayor and City Council of the City of San Bernardino Page 10
This Page Intentionally Left Blank
2
2
9
3
CLOSED SESSION
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager
Department:City Manager's Office
Subject:Closed Session
Recommendation:
A. Public Employee Performance Evaluation (Pursuant to Government Code
Section 54957)
Acting City Manager (Acting City Manager Initiated Goal Setting Process)
Packet Page. 11
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From:Helen Tran, Mayor
Department:Mayor's Office
Subject:Proclamation for International Overdose Awareness
Day in the City of San Bernardino – August 31, 2024
(All Wards)
Packet Page. 12
PROCLAMATION OF THE
MAYOR AND CITY COUNCIL
PROCLAIMING AUGUST 31, 2024, AS
INTERNATIONAL OVERDOSE AWARENESS DAY
IN THE CITY OF SAN BERNARDINO
WHEREAS, the City of San Bernardino does affirm and acknowledge the harm
and hardship caused by drug overdose; and,
WHEREAS, we recognize the purpose of International Overdose Awareness Day
as remembering loved ones lost to overdose and ending the stigma of drug-related
deaths; and,
WHEREAS, we resolve to play our part in reducing the toll of overdose in our
community, which claimed the lives of more than 598 residents of San Bernardino
County, and over 12,000 Californians, last year together with countless more affected
forever; and,
WHEREAS, we affirm that the people affected by overdose are our sons and
daughters, our mothers and fathers, our brothers and sisters, and deserving of our love,
compassion and support.
NOW, THEREFORE, BE IT PROCLAIMED by the Mayor & City Council of San
Bernardino do hereby proclaim August 31, 2024, as International Overdose Awareness
Day in the City of San Bernardino.
Presented this 21st day of August 2024
Packet Page. 13
2
0
5
8
Public Hearing
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager
Gabriel Elliott, Director of Community Development and
Housing
Department:Community Development & Housing
Subject:Appeal 24-02 of Appeal 24-01 for Development Permit
Type-D 21-18, 19, 20, and 21 (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-145 denying Appeal 24-02, thereby upholding
the Planning Commission’s denial of Appeal 24-01 for Development Permit Type-D
21-18, 19, 20, and 21, which upholds the Development and Environmental Review
Committee’s (DERC) adoption of the Mitigated Negative Declaration in conjunction
with the approval of Development Permit Type-D 21-18, 19, 20, and 21, allowing the
development and establishment of five (5) service commercial buildings totaling
approximately 67,451 square feet on several APNs for a combined 4.81 acres within
the Commercial Regional (CR-3) zone.
Executive Summary
Adopting the Resolution and Mitigated Negative Declaration will deny the appeal and
ultimately allow for the development and establishment of five (5) service commercial
buildings. The commercial buildings total 67,451 square feet on 4.81 acres of land
across several APNs located between Hardt Street and E. Brier Drive, which is within
the Commercial Regional (CR-3) zone. The DERC approved the project at its regular
meeting on February 14, 2024, where the approval was appealed to the Planning
Commission by the Supporters Alliance for Environmental Responsibility (SAFER).
The Planning Commission denied SAFER’s appeal (Appeal 24-01) and upheld the
DERC’s approval of the project on April 9, 2024. SAFER is now appealing the
Planning Commission’s decision to the Mayor and City Council (Appeal 24-02). Staff
recommends denying SAFER’s appeal and upholding the actions of the Planning
Commission and DERC.
Packet Page. 14
2
0
5
8
Background
On March 16, 2023, Development Permit Type-D 21-08, 19, 20, and 21 was submitted
and received by staff for a request to allow the development and establishment of five
(5) service commercial buildings totaling approximately 67,451 square feet on several
APNs for a combined 4.81 acres (the project).
On February 14, 2024, pursuant to the requirements of Section 19.52.040 (Hearings
and Appeals - Hearing Procedures) of the City of San Bernardino Development Code,
the City of San Bernardino’s DERC held a duly noticed public hearing for Development
Permit Type-D 21-18, 19, 20, and 21 for the project in conjunction with the adoption
of an Initial Study/Mitigated Negative Declaration (IS/MND) per the State CEQA
guidelines.
During the duly noticed public hearing, staff presented the proposals for Development
Permit Type-D 21-18, 19, 20, and 21 to D/ERC, and read into the record the letter
received in opposition to the project as submitted by Supporters Alliance for
Environmental Responsibility (SAFER), opposing the Mitigated Negative Declaration
prepared for the project. Additionally, letters of opposition to the project were also
submitted by Melvin E. Norman of the Inland Empire Biking Alliance and Shawn
Smallwood, Biologist with SAFER.
After public testimony, the DERC voted to approve the project based on the Finding
of Facts, recommended Conditions of Approval, and CEQA determination. The motion
to approve was made by Mina Bishara and seconded by Ryan Castillo. The motion
carried the following vote:
Ayes: Bishara, Jabsheh, Sepulveda, Lindberg, Castro, Markloff
Nays: None
Abstain: None
Absent: None
On February 27, 2024, the appellant SAFER filed the application of Appeal 24-01 for
Development Permit Type-D 21-18, 19, 20, and 21.
On April 9, 2024, the Planning Commission considered the request for Appeal of the
project including the adoption of the IS/MND per the State CEQA Guidelines. After
public testimony, the Planning Commission voted to adopt Resolution 2024-014
denying Appeal 24-01 and approving the project based on the Finding of Facts and
recommended Conditions of Approval and upheld the DERC’s approval of
Development Permit Type-D 21-18, 19, 20, and 21 and the MND.
The Motion to approve was made by Orlando Garcia and seconded by Ivan Garcia.
The motion carried by the following vote:
Ayes: Lopez, I. Garcia, Sherrick, O. Garcia
Nays: Armstead, Flores
Abstain: None
Absent: Quiel, Lewis III
Packet Page. 15
2
0
5
8
On April 22, 2024 the appellant SAFER filed Appeal 24-02 appealing the Planning
Commission’s denial of Appeal 24-01. Appeal of Planning Commission’s decisions go
to the City Council.
On July 3, 2024, pursuant to the requirements of Section 19.52.040 (Hearings and
Appeals - Hearing Procedures) of the City of San Bernardino Development Code, the
City of San Bernardino’s Mayor and City Council held a duly noticed public hearing for
Appeal 24-02 of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21
in conjunction with the adoption of the Initial Study/Mitigated Negative Declaration
(IS/MND) per the State CEQA guidelines. At the meeting staff requested a
continuance of Appeal 24-02 on behalf the of the applicant, and consent of the
appellant to the Mayor and City Council meeting of August 21, 2024, and the request
was granted. The Motion to approve a continuance was made by Mayor Helen Tran
and seconded by Council Member Fred Shorret. The motion carried by the following
vote:
Ayes: Sanchez, Ibarra, Figueroa, Shorett, Tran, Reynoso, Calvin, Alexander
Nays: None
Abstain: None
Absent: None
Discussion
Appeal Grounds:
The appeal is based on a perceived fair argument that the project may have adverse
environmental impacts that have not been analyzed and mitigated. Appellant’s Letter
dated December 13, 2023, is attached (Attachment E: Via hyperlink). The Appellant
requests that the City of San Bernardino withdraw the IS/MND and project approvals
and instead prepare an Environmental Impact Report for the project pursuant to the
California Environmental Quality Act (CEQA).
The Applicants Response to Appellants comments:
The Hardt and Brier Business Park Project underwent an environmental review
process as per the California Environmental Quality Act (CEQA), resulting in a
Mitigated Negative Declaration (MND) due to findings of less than significant
environmental impacts. Substantial evidence, as defined by CEQA, did not support
significant environmental effects from the project, negating the need for an
Environmental Impact Report (EIR). Hernandez Environmental Services (HES)
responded to SAFER’s comments, noting that the species listed in their study lacked
specific location data, rendering the evidence unreliable for the project site’s habitat
assessment. Furthermore, the avian species observed, including the California gull,
Red-tailed hawk, and California horned lark, do not hold official state or federal
endangered statuses, and the proposed mitigation measures were deemed sufficient
to reduce potential impacts to a less than significant level.
Packet Page. 16
2
0
5
8
Project Analysis:
The Hardt and Brier Business Park Project proposes four buildings (A, B, C, D1-D2)
on a combined 4.81 acres of land. All buildings are single-story service commercial
buildings with varying footprints and total areas:
•Building A: Located in the northwest, it has a total area of 17,783 SF (including
1,269 SF mezzanine space) on 1.25 acres. It has a floor area ratio (FAR) of 0.33
and a maximum height of 40 feet.
•Building B: Located in the northeast, it has a total area of 17,586 SF (including
1,286 SF mezzanine space) on 1.30 acres. It has a FAR of 0.31 and a maximum
height of 38 feet 4 inches.
•Building C: Located centrally, south of Hardt Street, it has a total area of 18,323
SF (including 1,275 SF of mezzanine space) on 1.24 acres. It has a FAR of 0.32
and a maximum height of 40 feet.
•Building D1 and D2: Located in the southeast, it has a total area of 13,759 SF
on 1.02 acres. It has a FAR of 0.31 and a maximum height of 31 feet 8 inches.
The buildings are designed with an open campus concept to avoid an institutional
presence. The proposed Project would establish a quality architectural poise through
emphasis on building finish materials and consistent material usage and color
scheme. The proposed concrete tilt-up buildings would be beige and white with dark
gray accents. Cutouts and decorative window facades would be installed to create
variety in scale and texture. Each building is set back from the street and property
lines, with frontages oriented towards Hardt Street or East Brier Drive. The project is
designed to accommodate commercial service uses.
Buildings A, B, C, D1, and D2 in the Hardt and Brier Business Park Project will have
dedicated access drives and parking spaces, including ADA, clean air vehicle spaces,
and bicycle parking. Buildings A and B will share an access drive off Hardt Street,
while Buildings C, D1, and D2 will have their own access drives. The project will utilize
Assembly Bill 2097 to reduce parking requirements due to its proximity to public
transit.
A traffic study indicates that the project will not significantly impact key intersections
or vehicle miles traveled. Landscaping will cover approximately 24% of the site,
exceeding the 15% requirement, and will include various trees, shrubs, and
groundcover. Opaque screens and 6-foot-tall screen walls will be installed for privacy
and spatial separation. The project is designed to be in compliance with the City of
San Bernardino Development Code.
Although Development Permit Type-D 21-18, 19, 20, and 21 were approved
separately, their abutting location raised concerns about cumulative impact. The
combined parcels triggered the need for an Initial Study under the California
Environmental Quality Act, and staff required this study due to the project’s substantial
size and potential impacts on the surrounding area.
Packet Page. 17
2
0
5
8
The CEQA Document was prepared by a licensed professional consultant E.P.D.
Solutions and resulted in proper mitigation for the project. Being that the Mitigated
Negative Declaration was adopted for all four (4) of the projects, in the case the
Mitigated Negative Declaration is invalidated, then all four of the projects would also
be invalidated and the appeal upheld.
2021-2025 Strategic Targets and Goals
The proposed project aligns with the Mayor and City Council 2021-2025 Key Strategic
Targets and Goals as follows:
Economic Growth and Development
The proposed development will create an economic benefit to the surrounding
businesses by developing an underutilized parcel that has been designed to achieve
visual interest and clean landscaping which will result in an attractive project that
compliments the surrounding commercial developments.
Fiscal Impact
There is no fiscal impact to the General Fund associated with this report.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-145 denying Appeal 24-02, thereby upholding
the Planning Commission’s denial of Appeal 24-01 for Development Permit Type-D
21-18, 19, 20, and 21, which upholds the Development and Environmental Review
Committee’s (DERC) adoption of the Mitigated Negative Declaration in conjunction
with the approval of Development Permit Type-D 21-18, 19, 20, and 21, allowing the
development and establishment of five (5) service commercial buildings totaling
approximately 67,451 square feet on several APNs for a combined 4.81 acres within
the Commercial Regional (CR-3) zone.
Attachments
Attachment 1 Resolution No. 2024-145 (Updated Denial of AP 24-02)
Attachment 2 Resolution No. 2024-145 (Exhibit “A” Project Plans)
Attachment 3 Resolution No.2024-145 (Exhibit “B” Mitigation Monitoring
Reporting Program)
Attachment 4 Executed Planning Commission Resolution No. 2024-014
(Denial of Appeal 24-01)
Attachment 5 Executed Development and Environmental Review
Committee Resolution No. 2023-044 through 47
(Approval of Development Permit Type-D 21-18, 19, 20,
and 21.
Attachment 6 Presentation
Attachment 7 Newspaper Publication
Attachment 8 Resolution 2024-145_ Appellant comments-applicants
response to comments
Packet Page. 18
2
0
5
8
Ward:
Third Ward
Synopsis of Previous Council Actions:
At the duly noticed public hearing of the Mayor and City Council on July 3, 2024,
Appeal 24-02 of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21
was continued to the Mayor and City Council meeting of August 21, 2024 for
consideration.
Packet Page. 19
Packet Page. 20
Packet Page. 21
Packet Page. 22
Packet Page. 23
Packet Page. 24
Packet Page. 25
Packet Page. 26
Packet Page. 27
Packet Page. 28
Packet Page. 29
Packet Page. 30
Packet Page. 31
Packet Page. 32
Packet Page. 33
Packet Page. 34
Packet Page. 35
Packet Page. 36
Packet Page. 37
Packet Page. 38
Packet Page. 39
Packet Page. 40
Packet Page. 41
Packet Page. 42
Packet Page. 43
Packet Page. 44
Packet Page. 45
Packet Page. 46
Packet Page. 47
Packet Page. 48
Packet Page. 49
Packet Page. 50
Packet Page. 51
Packet Page. 52
Packet Page. 53
Packet Page. 54
Packet Page. 55
Packet Page. 56
Packet Page. 57
Packet Page. 58
Packet Page. 59
Packet Page. 60
Packet Page. 61
Packet Page. 62
Packet Page. 63
Packet Page. 64
Packet Page. 65
Packet Page. 66
Packet Page. 67
Packet Page. 68
Packet Page. 69
Packet Page. 70
Packet Page. 71
Packet Page. 72
Packet Page. 73
Packet Page. 74
Packet Page. 75
Packet Page. 76
Packet Page. 77
Packet Page. 78
Packet Page. 79
Packet Page. 80
Packet Page. 81
Packet Page. 82
Packet Page. 83
Packet Page. 84
Packet Page. 85
Packet Page. 86
Packet Page. 87
Packet Page. 88
Packet Page. 89
Packet Page. 90
Packet Page. 91
Packet Page. 92
Packet Page. 93
Packet Page. 94
Packet Page. 95
Packet Page. 96
Packet Page. 97
Packet Page. 98
Packet Page. 99
Packet Page. 100
Packet Page. 101
Packet Page. 102
Packet Page. 103
Packet Page. 104
Packet Page. 105
Packet Page. 106
Packet Page. 107
Packet Page. 108
Packet Page. 109
Packet Page. 110
Packet Page. 111
Packet Page. 112
Packet Page. 113
Packet Page. 114
Packet Page. 115
Packet Page. 116
Packet Page. 117
Packet Page. 118
Packet Page. 119
Packet Page. 120
Packet Page. 121
Packet Page. 122
Packet Page. 123
Packet Page. 124
Packet Page. 125
Packet Page. 126
Packet Page. 127
Packet Page. 128
Packet Page. 129
Packet Page. 130
Packet Page. 131
Packet Page. 132
Packet Page. 133
Packet Page. 134
Packet Page. 135
Packet Page. 136
Packet Page. 137
Packet Page. 138
Packet Page. 139
Packet Page. 140
Packet Page. 141
Packet Page. 142
Packet Page. 143
Packet Page. 144
Packet Page. 145
Packet Page. 146
Packet Page. 147
Packet Page. 148
Packet Page. 149
Packet Page. 150
Packet Page. 151
Packet Page. 152
Packet Page. 153
Packet Page. 154
Packet Page. 155
Packet Page. 156
Packet Page. 157
Packet Page. 158
Packet Page. 159
Packet Page. 160
Packet Page. 161
Packet Page. 162
Packet Page. 163
Packet Page. 164
Packet Page. 165
Packet Page. 166
Packet Page. 167
Packet Page. 168
Packet Page. 169
Packet Page. 170
Packet Page. 171
Packet Page. 172
Packet Page. 173
Packet Page. 174
Packet Page. 175
Packet Page. 176
Packet Page. 177
Packet Page. 178
Packet Page. 179
Packet Page. 180
Packet Page. 181
Packet Page. 182
Packet Page. 183
Packet Page. 184
Packet Page. 185
Packet Page. 186
Packet Page. 187
Packet Page. 188
Packet Page. 189
Packet Page. 190
Packet Page. 191
Packet Page. 192
Packet Page. 193
Packet Page. 194
Packet Page. 195
Packet Page. 196
Packet Page. 197
Packet Page. 198
Packet Page. 199
Packet Page. 200
Packet Page. 201
Packet Page. 202
Packet Page. 203
Packet Page. 204
Packet Page. 205
Packet Page. 206
Packet Page. 207
Packet Page. 208
Packet Page. 209
Packet Page. 210
Packet Page. 211
Packet Page. 212
Packet Page. 213
Packet Page. 214
Packet Page. 215
Packet Page. 216
Packet Page. 217
Packet Page. 218
Packet Page. 219
Packet Page. 220
Packet Page. 221
Packet Page. 222
Packet Page. 223
Packet Page. 224
Packet Page. 225
Packet Page. 226
Packet Page. 227
Packet Page. 228
Packet Page. 229
Packet Page. 230
Packet Page. 231
Packet Page. 232
Packet Page. 233
Packet Page. 234
Packet Page. 235
Packet Page. 236
Packet Page. 237
Packet Page. 238
Packet Page. 239
Packet Page. 240
Packet Page. 241
Packet Page. 242
Packet Page. 243
Packet Page. 244
Packet Page. 245
Packet Page. 246
Packet Page. 247
Packet Page. 248
Packet Page. 249
Packet Page. 250
Packet Page. 251
Packet Page. 252
Packet Page. 253
Packet Page. 254
Packet Page. 255
Packet Page. 256
Packet Page. 257
Packet Page. 258
Packet Page. 259
Packet Page. 260
Packet Page. 261
Packet Page. 262
Packet Page. 263
Packet Page. 264
Packet Page. 265
Packet Page. 266
Packet Page. 267
Packet Page. 268
Packet Page. 269
Packet Page. 270
Packet Page. 271
Packet Page. 272
Packet Page. 273
Packet Page. 274
Packet Page. 275
Packet Page. 276
Packet Page. 277
Packet Page. 278
Packet Page. 279
Packet Page. 280
Packet Page. 281
Packet Page. 282
Packet Page. 283
Packet Page. 284
Packet Page. 285
Packet Page. 286
Packet Page. 287
Packet Page. 288
Packet Page. 289
Packet Page. 290
Packet Page. 291
Packet Page. 292
Packet Page. 293
Packet Page. 294
Packet Page. 295
Packet Page. 296
Packet Page. 297
Packet Page. 298
Packet Page. 299
Packet Page. 300
Packet Page. 301
Packet Page. 302
Packet Page. 303
Packet Page. 304
Packet Page. 305
Packet Page. 306
Packet Page. 307
Packet Page. 308
Packet Page. 309
Packet Page. 310
Packet Page. 311
Packet Page. 312
Packet Page. 313
Packet Page. 314
Packet Page. 315
Packet Page. 316
Packet Page. 317
Packet Page. 318
Packet Page. 319
Packet Page. 320
Packet Page. 321
Packet Page. 322
Packet Page. 323
Packet Page. 324
Packet Page. 325
Packet Page. 326
Packet Page. 327
Packet Page. 328
Packet Page. 329
Packet Page. 330
Packet Page. 331
Packet Page. 332
Packet Page. 333
Packet Page. 334
Packet Page. 335
Packet Page. 336
Packet Page. 337
Packet Page. 338
Packet Page. 339
Packet Page. 340
Packet Page. 341
Packet Page. 342
Packet Page. 343
Packet Page. 344
Packet Page. 345
Packet Page. 346
Packet Page. 347
Packet Page. 348
Packet Page. 349
Packet Page. 350
Packet Page. 351
Packet Page. 352
Packet Page. 353
Packet Page. 354
Packet Page. 355
Packet Page. 356
Packet Page. 357
Packet Page. 358
Packet Page. 359
Packet Page. 360
Packet Page. 361
Packet Page. 362
Packet Page. 363
Packet Page. 364
Packet Page. 365
Packet Page. 366
Packet Page. 367
Packet Page. 368
Packet Page. 369
Packet Page. 370
Packet Page. 371
Packet Page. 372
Packet Page. 373
Packet Page. 374
Packet Page. 375
Packet Page. 376
Packet Page. 377
Packet Page. 378
Packet Page. 379
Packet Page. 380
Packet Page. 381
Packet Page. 382
Packet Page. 383
Packet Page. 384
Packet Page. 385
Packet Page. 386
Packet Page. 387
2
2
5
5
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Interim City Manager
Gabriel Elliott, Director of Community Development & Housing
Department:Community Development & Housing
Subject:Appeal 24-03 for Development Permit Type-P 22-05
(Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2024-181 of the Mayor and City Council of the City of San
Bernardino, California, denying Appeal 24-03 thereby upholding Planning
Commission’s denial of Development Permit Type–P 22-05 to allow the
development, establishment, and operation of a truck and trailer parking facility on
a parcel containing approximately 2.90 acres, located on the Southeast corner of
W. Rialto Avenue and S. Rancho Avenue (APN: 0142212-22) within the Industrial
Light (IL) zone (Attachment 1).
OR
2. Adopt Resolution No. 2024-182 of the Mayor and City Council of the City of San
Bernardino, California, granting Appeal 24-03 of the Planning Commission’s
denial, thereby approving Development Permit Type–P 22-05 to allow the
development, establishment, and operation of a truck and trailer parking facility on
a parcel containing approximately 2.90 acres, located on the Southeast corner of
W. Rialto Avenue and S. Rancho Avenue (APN: 0142-212-22) within the Industrial
Light (IL) zone; and finding the project subject to a Categorical Exemption under
the California Environmental Quality Act (Attachment 6).
Executive Summary
Staff is providing the City Council with two Resolutions to approve or deny the appeal
of a project denied by the Planning Commission and appealed to the City Council by
the applicant. The proposed project consists of the development and establishment
of a new truck and trailer parking facility. The project was denied by the Planning
Packet Page. 388
2
2
5
5
Commission due to the concern that the proposed land use may have a negative
impact upon the environment and surrounding residential land uses.
Background
On June 11, 2024 the Planning Commission held a duly noticed public hearing, and at
which meeting staff recommended that the Planning Commission adopt Resolution No.
2024-012 approving Development Permit Type-P 22-05 to allow for a truck and trailer
parking facility located on the Southeast corner of W. Rialto Avenue and S. Rancho
Avenue, in accordance with the requirements of Chapter 19.44 (Administrative and
Development Permits), of the City of San Bernardino Development Code (Attachment
3).
The Planning Commission considered the proposal for Development Permit Type-P
22-05 and at the hearing, the Commissioners expressed the following concerns:
•That the proposed land use does not integrate nor minimize impacts on the
surrounding land uses as stated in the General Plan Goals and Policies;
•That the proposed land use is not harmonious nor compatible with the
surrounding residential land uses and schools;
•That the proposed land use may have an impact upon the environment; and
•That the proposed use will contribute to higher truck traffic within the area.
Pursuant to Section 2.22.030 (Quorum and Vote Required) of the City of San
Bernardino Municipal Code, five (5) members of the City Planning Commission shall
constitute a quorum for the transaction of business. Action granting approval of any
matter, except General Plan amendments, and amendments to the Municipal Code,
must be taken by a majority vote of commissioners in attendance, and a failure to do
so results in an automatic denial of the pending matter. After public testimony and
deliberation among the Planning Commission, Commissioner Dailey made a motion
and Chair Armstead seconded the motion to deny Resolution No. 2024-012 denying
Development Permit Type–P 22-05. Out of seven (7) Commissioners present, the
motion to deny received four (4) votes, which is a majority. As a result of the majority
vote taken, the motion passed, and Development Permit Type–P 22-05 was denied.
Subsequently, in accordance with Section 19.52.100 (Filing of Appeals) of the City of
San Bernardino Development Code, the applicant filed Application for Appeal 24-03
within the 15-day appeal period of the decision taken by the Planning Commission
denying Development Permit Type–P 22-05 (Attachment 5).
On July 9, 2024, the Planning Commission took the following action:
1. Adopted Resolution No. 2024-012 of the Planning Commission of the City of
San Bernardino, California, denying Development Permit Type–P 22-05.
In adopting Resolution No. 2024-012, ratifying the denial for Development Permit
Type–P 22-05, the Planning Commission ratified the denial with a motion of five (5) to
two (2) votes, carrying the latest motion (Attachment 4).
Packet Page. 389
2
2
5
5
Discussion
Appeal Grounds
On June 26, 2024, an Application for Appeal 24-03 was filed. The specific grounds for
the appeal are summarized as follows:
1. The Project is consistent with all applicable zoning laws and compatible with
surrounding uses.
2. The planning commission failed to make required findings.
3. The Planning Commission’s determination is inconsistent with treatment of
similar facilities.
Based on the information provided, the applicant is requesting that the Mayor and City
Council uphold Appeal 24-03, thereby denying the Planning Commission’s denial of
Development Permit Type–P 22-05, and allow the development, establishment, and
operation of a truck and trailer parking facility on a parcel containing approximately
2.90 acres, located on the Southeast corner of W. Rialto Avenue and S. Rancho
Avenue (APN: 0142-212-22) within the Industrial Light (IL) zone. The appellants will
be present at the meeting.
Project Description/Analysis
The subject site is located within the Industrial light (IL) zone which allows for the
development and establishment of truck and trailer parking facilities. The Industrial
Light zone is intended to retain, enhance, and intensify existing and provide for the
new development of lighter industrial uses along major vehicular, rail, and air
transportation routes serving the city. The proposed use will be compatible with the
properties to the north, east and west which are also zoned Industrial Light and will be
harmonious to the existing adjacent uses. However, the site directly abuts residentially
zoned properties to the south that are developed with single family residential homes.
To minimize impact on the neighboring residential properties, the proposed project will
provide a 17-foot-wide landscape buffer in addition to the existing six (6) feet high block
wall to further screen the parking area from the single-family residential properties. In
addition, an environmental evaluation was conducted (Attachment 8). The evaluation
took into consideration the effects of traffic, noise and air quality relating to the project,
and concluded that the proposed project will not result in any significant effects on the
environment and the surrounding area.
The project site will have direct ingress/egress from one (1) 48-foot-wide driveway
located along W. Rialto Avenue. The project site will consist of 53 parking stalls for
trucks, 1 standard parking stall and 1 accessible parking stall. The proposed project
will also consist of a 260 square-foot guard shack located along W. Rialto Avenue.
Landscaping
The proposed project will provide landscaping throughout the site with various plants,
trees, and ground cover. The proposed 17-foot-wide landscape buffer along the south
Packet Page. 390
2
2
5
5
side of the property will consist of Palo Verde tree, Desert Willow, Afghan Pine, Chaste
Tree, Century Plant, Bougainvillea, Desert Spoon, Dwarf Lavender Cotton, and
Spanish Dagger. The buffer will also provide additional setback and will help screen
the parking area from the single-family homes abutting the south side of the subject
site.
Traffic
The City's Traffic Engineering Division has reviewed the proposed project scope study
form for Levels of Service (LOS), and the Vehicle Miles Traveled (VMT) assessment.
Based on the size of the project and number of trips generated, the Traffic Engineer
has determined that the proposed project will not have a significant impact on the
surrounding roadways or intersections.
California Environmental Quality Act (CEQA)
Pursuant to Section 15270(a) of the CEQA Guidelines, “CEQA does not apply to
projects which a public agency rejects or disapproves.” Therefore, based upon the
action of the Mayor and City Council, CEQA does not apply to the denial of Appeal
24-03 for Development Permit Type–P 22-05.
or
Pursuant to Section 15332 (In-Fill Development Projects) of CEQA, a Class 32
Categorical Exemption consists of projects characterized as in-fill development
meeting the conditions contained within Section 15332 of CEQA. Section 15332 of
CEQA applies to the approval of Appeal 24-03 for Development Permit Type–P 22-05
due to the fact that: 1) the project is consistent with the applicable general plan
designation and all applicable general plan policies as well as with applicable zoning
designation and regulations; 2) the proposed development is located within the City
limits on less than five (5) acres; 3) Conditions of Approval will be imposed to alleviate
potential impacts; and, 4) there are no additional potential significant environmental
impacts that may result from the proposed development, establishment and operation
of the proposed use.
2021-2025 Strategic Targets and Goals
Appeal 24-03 for Development Permit Type–P 22-05 does not align with Key Strategic
Goal 3, Improved Quality of Life. The addition of a truck and trailer parking facility will
add to the number of truck activity within the area, which will not minimize the impacts
the industrial uses have on the surrounding residential development. However, the
project does align with Key Target No. 4: Economic Growth and Development. The
proposed project will provide economic benefit to an underutilized site by turning an
existing vacant parcel into a productive industrial development and capitalizing on the
City’s transportation and locational strengths as well as the logistics sector.
Fiscal Impact
There is no financial impact associated with the item.
Packet Page. 391
2
2
5
5
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2024-181 of the Mayor and City Council of the City of San
Bernardino, California, denying Appeal 24-03 thereby upholding Planning
Commission’s denial of Development Permit Type–P 22-05 to allow the
development, establishment, and operation of a truck and trailer parking facility on
a parcel containing approximately 2.90 acres, located on the Southeast corner of
W. Rialto Avenue and S. Rancho Avenue (APN: 0142212-22) within the Industrial
Light (IL) zone (Attachment 1).
OR
2. Adopt Resolution No. 2024-182 of the Mayor and City Council of the City of San
Bernardino, California, granting Appeal 24-03 of the Planning Commission’s
denial, thereby approving Development Permit Type–P 22-05 to allow the
development, establishment, and operation of a truck and trailer parking facility on
a parcel containing approximately 2.90 acres, located on the Southeast corner of
W. Rialto Avenue and S. Rancho Avenue (APN: 0142-212-22) within the Industrial
Light (IL) zone; and finding the project subject to a Categorical Exemption under
the California Environmental Quality Act (Attachment 6).
Attachments
Attachment 1 Resolution No. 2024-181 (Denying Appeal 24-03)
Attachment 2 Resolution No. 2024-181, Exhibit A – Plans
Attachment 3 Planning Commission Resolution No. 2024-012 (Proposed
Resolution)
Attachment 4 Planning Commission Resolution No. 2024-012
(Ratified Resolution)
Attachment 5 Application for Appeal 24-03, Dated June 26, 2024
Attachment 6 Resolution No. 2024-182 (Approving Appeal 24-03)
Attachment 7 Resolution No. 2024-182, Exhibit A – Plans
Attachment 8 Resolution No. 2024-182, Exhibit B – Environmental
Determination, CEQA Exemption
Attachment 9 Power Point
Attachment 10 Newspaper Publication
Ward:
Third Ward
Synopsis of Previous Council Actions:
N/A
Packet Page. 392
Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024
Page 1 of 8
5
2
4
6
RESOLUTION NO. 2024-181
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DENYING APPEAL 24-03 THEREBY UPHOLDING
PLANNING COMMISSION’S DENIAL OF DEVELOPMENT
PERMIT TYPE-P 22-05 TO ALLOW THE DEVELOPMENT
AND ESTABLISHMENT OF A NEW TRUCK AND TRAILER
PARKING FACILITY ON A PROJECT SITE CONTAINING A
TOTAL OF APPROXIMATELY 2.90 ACRES LOCATED ON
THE SOUTHEAST CORNER OF W. RIALTO AVENUE AND
S. RANCHO AVENUE, (APN(S): 0142-212-22) WITHIN THE
INDUSTRIAL LIGHT (IL) ZONE.
WHEREAS, on October 17, 2022, pursuant to the requirements of Chapter 19.44
(Development Permits) of the City of San Bernardino Development Code, an application for
Development Permit Type-P 22-05 was duly submitted by:
Owner: Olivos Otay, LLC
4938 Surfcliff Point
San Diego, CA 92154
Applicant: Guillermo Urias
4938 Surfcliff Point
San Diego, CA 92154
Property Address: Southeast corner of W. Rialto Avenue and S. Rancho
Avenue
APN: 0142-212-22
Lot Area: 2.90 acres
WHEREAS, Development Permit Type-P 22-05 is a request to allow the development and
establishment of a new truck and trailer parking facility on a project site containing a total of
approximately 2.90 acres; and
WHEREAS, the Planning Division of the Community Development and Housing
Department has reviewed Development Permit Type-P 22-05 for consistency with the City of
San Bernardino General Plan and compliance with the City of San Bernardino Development Code;
and
WHEREAS, on March 12, 2024 After opening the public hearing and receiving public
testimony, the Planning Commission continued consideration of Development Permit Type – P
22-05 to the Regular Planning Commission meeting of April 9, 2024; and
Packet Page. 393
Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024
Page 2 of 8
5
2
4
6
WHEREAS, on April 9, 2024 After opening the public hearing and receiving public
testimony, the Planning Commission pulled Development Permit Type – P 22-05 from the agenda
until the item was brought back for future date; and
WHEREAS, on June 11, 2024 pursuant to the requirements of Section 19.52.040 (Hearing
and Appeals – Application on Processing) of the City of San Bernardino Development Code, the
Planning Commission held the duly noticed public hearing at which interested persons had an
opportunity to testify in support of, or opposition to Development Permit Type-P 22-05, and at
which meeting the Planning Commission considered Development Permit Type-P 22-05; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, staff recommended that
the Planning Commission adopt Resolution No. 2024-012 approving Development Permit Type-
P 22-05 and finding that the project is subject to a Categorical Exemption under the California
Environmental Quality Act; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, the Commission listed
various reasons for denying the project, including that the proposed land use is not harmonious nor
compatible with the surrounding residential land uses, and that the proposed land use does not
integrate nor minimize impacts on the surrounding land uses as stated in the General Plan Goals
and Policies; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, after conducting the
public hearing, receiving public testimony, and deliberation by the Commission, Commissioner
Daily made a motion and Chair Armstead seconded the motion to deny Resolution No. 2024-012
denying Development Permit Type-P 22-05; and
WHEREAS, the motion passed by the following vote:
Ayes: Dailey, Lopez, Armstead, Sherrick
Nays: Garcia, Quiel, Garcia
Absent: Flores, Karaiscos
WHEREAS, on June 26, 2024, pursuant to the requirements of Section 19.52.100 (Filing
of Appeals) of the City of San Bernardino Development Code, the applicant submitted an
application for Appeal No. 24-03 of the decision taken by the Planning Commission denying
Development Permit Type-P 22-05; and
WHEREAS, on July 9, 2024, the Planning Commission adopted Resolution No. 2024-012
of the Planning Commission of the City of San Bernardino, California, denying Development
Permit Type-P 22-05; and
WHEREAS, notice of the August 21, 2024 public hearing for the Mayor and City
Council's consideration of the proposed Resolution for Appeal 24-03 for Development Permit
Type-P 22-05 was published in The Sun newspaper on, August 10, 2024, and was mailed to owners
of property and tenants located within 1,000 feet of the subject property of the holding of the public
Packet Page. 394
Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024
Page 3 of 8
5
2
4
6
hearing in accordance with Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino
Development Code; and
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) and
Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino
Development Code, the Mayor and City Council has the authority to take action on Appeal 24-03
for Development Permit Type-P 22-05.
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. As the decision-
making body for the project, the Mayor and City Council have reviewed and considered the
information contained in the administrative record for Development Permit Type-P 22-05. Based
upon the facts and information contained in the administrative record, including all written and
oral evidence presented to the Mayor and City Council, the Mayor and City Council finds, as
follows:
(1) The administrative record has been completed in compliance with CEQA, the State
CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) In accordance with Section 15270 (Projects Which are Disapproved) of the CEQA
Guidelines, the Mayor and City Council has determined that consideration of Development Permit
Type-P 22-05 is exempt from CEQA due to the fact that the Mayor and City Council is denying
Development Permit Type-P 22-05; and
(3) The determination of CEQA exemption reflects the independent judgment of the
Mayor and City Council.
SECTION 3.Findings of Fact – Development Permit Type-P 22-05.
Finding No. 1:The proposed development is one permitted within the subject zoning
district and complies with all of the applicable provisions of this
Development Code, including prescribed development/site standards and
any/all applicable design guidelines.
Finding of Fact:The proposed development is located within the Industrial Light (IL) zone.
The development and establishment of a truck and trailer parking facility
withing the IL zone is permitted subject to the approval of a Development
Permit Type-P application. The proposal under Development Permit Type-
P 22-05 will be developed in compliance with all of the applicable
provisions contained in the City of San Bernardino Development Code,
including development standards and applicable design guidelines.
Packet Page. 395
Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024
Page 4 of 8
5
2
4
6
Therefore, the proposed project will not impair the integrity and character
of the subject zone.
Finding No. 2:The proposed development is consistent with the General Plan.
Finding of Fact:The proposal is not consistent with the following General Plan Goals and
Policies:
General Plan Land Use Element Policy 2.1.1: 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 2.2: Promote development that
integrates with and minimizes impacts on surrounding land uses.
The project site consists of an undeveloped parcel surrounded by light
industrial businesses, vacant lots and residential properties. The subject site
directly abuts residentially zoned properties to the south that are developed
with single family residential homes. The proposed project site will be
developed with 54 parking stalls designated for semi-truck parking. The
development and establishment of an industrial use of this caliber abutting
single family homes will not ensure compatibility between land uses. The
subject site is located within an industrial area with established industrial
type uses. The addition of a truck and trailer parking facility will add to the
number of truck activity within the area, which will not minimize the
impacts the industrial uses have on the surrounding residential
development. Therefore, the proposed project does not comply with the
goals and policies of the General Plan.
Finding No. 3:The proposed development would be harmonious and compatible with
existing and future developments within the zone and general area, as well
as with the land uses presently on the subject property.
Finding of Fact:The subject site is located within the Industrial light (IL) zone which allows
for the development and establishment of truck and trailer parking.
However, the site directly abuts residentially zoned properties to the south
that are developed with single family residential homes. The project
proposes a truck parking facility that will accommodate the parking of 54
semi-trucks on site. The intensity of the proposed use will not be compatible
with the abutting single-family homes. Therefore, the development and
establishment of the proposed truck and trailer parking will neither be
harmonious nor compatible with the existing and future development of the
general area.
Packet Page. 396
Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024
Page 5 of 8
5
2
4
6
Finding No. 4:The approval of the Development Permit for the proposed development 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:Pursuant to section 15270(a) (Projects Which are Disapproved) of the
CEQA Guidelines, “CEQA does not apply to projects which a public
agency rejects or disapproves.” Therefore, CEQA does not apply to the
denial of Development Permit Type – P 22-05.
Finding No. 5:There will be no potential significant negative impacts upon environmental
quality and natural resources that could not be properly mitigated and
monitored.
Finding of Fact:The project site is located within an urbanized area and is surrounded by
existing industrial, commercial and residential development. Therefore, no
significant negative impacts on the environment are anticipated to result
from the proposed development.
Finding No. 6:The subject site is physically suitable for the type and density/intensity of
use being proposed.
Finding of Fact:The subject site is in compliance with the applicable Development Code
Standards and is physically suitable for the type and density/intensity of the
project being proposed. Therefore, there are no physical constraints on the
site that would limit the development of the proposed truck and trailer
parking facility.
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, water, sanitation, and
public utilities and services for the proposed Development. The subject site
is located in an urbanized area with a full range of public utilities and
services and public access off of West Rialto Avenue. Subject to Conditions
of Approval, the proposed development under Development Permit Type-
P 22-05 will not be detrimental to the public services or public health and
safety.
Finding No. 8:The location, size, design, and operating characteristics of the proposed use
are compatible with the existing and future land uses within the general area
in which the proposed use is to be located and will not create significant
noise, traffic or other conditions or situations that may be objectionable or
detrimental to other permitted uses in the vicinity or adverse to the public
interest, health, safety, convenience, or welfare of the City.
Packet Page. 397
Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024
Page 6 of 8
5
2
4
6
Finding of Fact:The proposed 2.90-acre truck and trailer parking facility will be in
compliance with the Development standards of the City of San Bernardino
Development Code requirements that are applicable for industrial
development within the Industrial Light Zone. However, the subject site
directly abuts residentially zoned properties to the south that are developed
with single family residential homes. The development and establishment
of an industrial use of this type of operating characteristic will neither be
harmonious nor compatible with the abutting residentially zoned properties.
Therefore, the location, size, design, and characteristics of the proposed
development will not enhance the general area to the benefit of the public
interest and general welfare of the city.
SECTION 4. 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.
Packet Page. 398
Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024
Page 7 of 8
5
2
4
6
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 21st day of August, 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 399
Resolution No. 2024-181
Resolution No. 2024-181
August 21, 2024
Page 8 of 8
5
2
4
6
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-181, adopted at a regular meeting held on the 21st day of August 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this __ day of ___ 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 400
Packet Page. 401
Packet Page. 402
Packet Page. 403
Packet Page. 404
RESOLUTION NO. 2024-012–PC
1
RESOLUTION NO. 2024-012–PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT PERMIT TYPE-P 22-05,
ALLOWING THE DEVELOPMENT AND ESTABLISHMENT
OF A NEW TRUCK AND TRAILER PARKING FACILITY
ON A PROJECT SITE CONTAINING A TOTAL OF
APPROXIMATELY 2.90 ACRES LOCATED ON THE
SOUTHEAST CORNER OF W. RIALTO AVENUE AND S.
RANCHO AVENUE, (APN(S): 0142-212-22) WITHIN THE
INDUSTRIAL LIGHT (IL) ZONE.
WHEREAS, on October 17, 2022, pursuant to the requirements of Chapter 19.44
(Development Permits) of the City of San Bernardino Development Code, an application for
Development Permit Type-P 22-05 was duly submitted by:
Property Owner: Olivos Otay, LLC
4938 Surfcliff Point
San Diego, CA 92154
Applicant: Guillermo Urias
4938 Surfcliff Point
San Diego, CA 92154
Parcel Address: Southeast corner of W. Rialto Avenue and S. Rancho
Avenue
APN: 0142-212-22
Lot Area: 2.90 acres
WHEREAS, Development Permit Type-P 22-05 is a request to allow the development
and establishment of a new truck and trailer parking facility on a project site containing a total of
approximately 2.90 acres; and
WHEREAS, the Planning Division of the Community Development and Housing
Department has reviewed Development Permit Type-P 22-05 for consistency with the City of
San Bernardino General Plan and compliance with the City of San Bernardino Development
Code; and
WHEREAS, on June 1, 2024 pursuant to the requirements of Section 19.52.020 (Hearing
and Appeals – Application on Processing) of the City of San Bernardino Development Code, the
City gave public notice by advertising in the San Bernardino Sun, a newspaper of general
circulation within the City of San Bernardino, and by mailing notices to the owners and tenants
of properties within 1,000 feet of the subject property of the holding of a public hearing at which
Development Permit Type-P 22-05 would be considered; and
Packet Page. 405
RESOLUTION NO. 2024-012–PC
2
WHEREAS, on March 12, 2024 After opening the public hearing and receiving public
testimony, the Planning Commission continued consideration of Development Permit Type – P
22-05 to the Regular Planning Commission meeting of April 9, 2024; and
WHEREAS, on April 9, 2024 After opening the public hearing and receiving public
testimony, the Planning Commission pulled Development Permit Type-P 22-05 from the agenda
until the item is brought back for a future date; and
WHEREAS, on June 11, 2024 pursuant to the requirements of Section 19.52.040
(Hearing and Appeals – Application on Processing) of the City of San Bernardino Development
Code, the Planning Commission held the duly noticed public hearing at which interested persons
had an opportunity to testify in support of, or opposition to Development Permit Type-P 22-05,
and at which meeting the Planning Commission considered Development Permit Type-P 22-05;
and
WHEREAS, during said duly noticed hearing, the Planning Commission considered
Development Permit Type-P 22-05; and
WHEREAS, pursuant to the requirements of Chapter 19.44 (Development Permits) of
the City of San Bernardino Development Code, the Planning Commission has the authority to
take action on Development Permit Type-P 22-05.
NOW THEREFORE, the Planning Commission of the City of San Bernardino does
hereby resolve, determine, find, and order as follows:
SECTION 1. ENVIRONMENTAL DETERMINATION:
As the decision-making body for the project, the Planning Commission has reviewed and
considered the information contained in the administrative record for Development Permit Type-
P 22-05 including the information contained in the Environmental Determination prepared for
the project. In accordance with Section 15060 of the California Environmental Quality Act
(CEQA), the Planning Division of the Community Development and Housing Department
conducted an environmental evaluation in connection with the proposed Development Permit
Type-P 22-05. Based upon the facts and information contained in the administrative record,
including all written and oral evidence presented to the Planning Commission, the Planning
Commission finds as follows:
(1) The administrative record has been completed in compliance with California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City’s Local CEQA
Guidelines, and
(2) The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15332 (In-Fill Development Projects) of the
CEQA Guidelines; and
(3) The application of the categorical exemption is not barred by one of the exceptions set
forth in the CEQA Guidelines Section 15300.2 (Exceptions); and
Packet Page. 406
RESOLUTION NO. 2024-012–PC
3
(4) The determination of CEQA exemption reflects the independent judgment of the
Planning Commission.
SECTION 2. FINDINGS FOR DEVELOPMENT PERMIT TYPE – P 22-05:
Pursuant to Section 19.44.040 of the City of San Bernardino Development Code, Development
Permit applications are required to meet certain findings prior to the approval by the Planning
Commission. Accordingly, the following findings are provided in support of Development
Permit Type-P 22-05:
Finding No. 1:The proposed development is one permitted within the subject zoning
district and complies with all of the applicable provisions of this
Development Code, including prescribed development/site standards and
any/all applicable design guidelines.
Finding of Fact:The proposed development is located within the Industrial Light (IL) zone.
The development and establishment of a truck and trailer parking facility
within the IL zone is permitted subject to the approval of a Development
Permit Type-P application. The proposal under Development Permit
Type-P 22-05 will be developed in compliance with all of the applicable
provisions contained in the City of San Bernardino Development Code,
including development standards and applicable design guidelines.
Therefore, the proposed project will not impair the integrity and character
of the subject zone.
Finding No. 2:The proposed development is consistent with the General Plan.
Finding of Fact:The proposal is consistent with the following General Plan Goals and
Policies:
General Plan Land Use Element Policy 2.1.1: 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 2.2: Promote development
that integrates with and minimizes impacts on surrounding land
uses.
The proposed project implements the above General Plan goals
and policies by capitalizing on the City’s transportation and
locational strengths as well as the logistics sector. Development of
the site will be designed and completed in a manner that will
enhance the physical and visual qualities of the subject property
while also minimizing impacts on the surrounding residential
development. The project will be designed to enhance the
Packet Page. 407
RESOLUTION NO. 2024-012–PC
4
aesthetics of the surrounding neighborhood and ensure
compatibility between land uses. Therefore, the proposed project
complies with the goals and policies of the General Plan.
Finding No. 3:The proposed development would be harmonious and compatible with
existing and future developments within the zone and general area, as well
as with the land uses presently on the subject property.
Finding of Fact:The subject site is located within the Industrial light (IL) zone which
allows for the development and establishment of truck and trailer parking
facilities. The proposed use will be compatible with the properties to the
north, east and west which are also zoned Industrial Light and will be
harmonious to the existing adjacent uses. However, the site directly abuts
residentially zoned properties to the south that are developed with single
family residential homes. The proposed project will provide a Seventeen
(17) feet wide landscape buffer in addition to the existing six (6) feet high
block wall to further screen the parking area from the single-family
residential properties. The landscaped buffer area will be planted with
trees that will help absorb some of the harmful particulates in the
environment, including carbon dioxide (Co2). Therefore, the development
and establishment of the proposed truck and trailer parking will be
harmonious and compatible with the existing and future development of
the general area.
Finding No. 4:The approval of the Development Permit for the proposed development 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), the
Planning Division of the Community Development and Housing
Department conducted an environmental evaluation in connection with
proposed Development Permit Type-P 22-05 and concluded that the
proposed project is exempt from CEQA Guidelines, pursuant to Section
15332 (In-Fill Development Projects) of the CEQA Guidelines. Therefore,
the proposed project site is in compliance with the requirements of CEQA
and Section 19.20.030(6) of the Development Code.
Finding No. 5:There will be no potential significant negative impacts upon
environmental quality and natural resources that could not be properly
mitigated and monitored.
Finding of Fact:The project site is located within an urbanized area and is surrounded by
existing industrial, commercial, and residential development. Therefore,
no significant negative impacts on the environment are anticipated to
result from the proposed development.
Finding No. 6:The subject site is physically suitable for the type and density/intensity of
use being proposed.
Packet Page. 408
RESOLUTION NO. 2024-012–PC
5
Finding of Fact:The subject site is in compliance with the applicable Development Code
Standards and is physically suitable for the type and density/intensity of
the project being proposed. Therefore, there are no physical constraints on
the site that would limit the development of the proposed truck and trailer
parking facility.
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, water, sanitation, and
public utilities and services for the proposed Development. The subject
site is located in an urbanized area with a full range of public utilities and
services and public access off of West Rialto Avenue. Subject to
Conditions of Approval, the proposed development under Development
Permit Type-P 22-05 will not be detrimental to the public services or
public health and safety.
Finding No. 8:The location, size, design, and operating characteristics of the proposed
use are compatible with the existing and future land uses within the
general area in which the proposed use is to be located and will not create
significant noise, traffic or other conditions or situations that may be
objectionable or detrimental to other permitted uses in the vicinity or
adverse to the public interest, health, safety, convenience, or welfare of the
City.
Finding of Fact:The proposed 2.90-acre truck and trailer parking facility will be in
compliance with the Development standards of the City of San Bernardino
Development Code requirements that are applicable for industrial
development within the Industrial Light Zone. The subject site will be
designed and completed in a manner that will enhance the physical and
visual qualities of the subject property. Therefore, the proposed use will be
compatible with the existing and future land uses within the general area.
SECTION 3. CONDITIONS OF APPROVAL:
The approval of Development Permit Type-P 22-05 shall be subject to the following Conditions
of Approval:
1. This approval authorizes the development and establishment of a truck and trailer parking
facility on a parcel containing approximately 2.90 acres. The project site is located on the
Southeast corner of W. Rialto Avenue and S. Rancho Avenue (APN: 0142-212-22)
San Bernardino, CA, within the Industrial Light (IL).
2. The project site shall be maintained in accordance with the plans stamped June 11, 2024
(EXHIBIT “A”) approved by the City, which includes a site plan, floor plan and
Packet Page. 409
RESOLUTION NO. 2024-012–PC
6
elevations on file in the Planning Division; the conditions contained herein; and the
City’s Municipal Code regulations.
3. The required 17-foot buffer shall be planted with landscaping materials that will consist
of Palo Verde tree, Desert Willow, Afghan Pine, Chaste Tree, Century Plant,
Bougainvillea, Desert Spoon, Dwarf Lavender Cotton, and Spanish Dagger to absorb the
particulate matter in the environment.
4. On-site lighting shall be shielded from the adjacent residential use to eliminate light
intrusion.
5. The hours of operation are 7:00am to 7:00pm seven (7) days a week.
6. Within two (2) years of approval of the Development Permit Type-P, the commencement
of construction shall have occurred, or the permit/approval shall become null and void. In
addition, if at any time after the commencement of construction work is discontinued for
a period of one (1) year, then the permit/approval shall become null and void. However,
approval of the Development Permit Type-P does not authorize the commencement of
construction. All necessary permits must be obtained prior to the commencement of
specified construction activities included in the Conditions of Approval.
EXPIRATION DATE: June 11, 2026
7. 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 City of San Bernardino Development Code
provisions in effect at the time of the requested extension.
8. In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim, action or proceeding and will cooperate fully in the defense of this
matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the
City of San Bernardino (City), any departments, agencies, divisions, boards, or
commission of the City as well as predecessors, successors, assigns, agents, directors,
elected officials, officers, employees, representatives and attorneys of the City from any
claim, action or proceeding against any of the foregoing persons or entities. The applicant
further agrees to reimburse the City for any costs and attorneys’ fees which the City may
be required by a court to pay as a result of such action, but such participation shall not
relieve applicant of his or her obligation under this condition.
The costs, salaries, and expenses of the City Attorney and employees of his office shall
be considered as “Attorney’s fees” for the purpose of this condition. As part of the
consideration for issuing this development Permit, this condition shall remain in effect if
the Development Permit is rescinded or revoked, whether or not at the request of
applicant.
Planning Division
Packet Page. 410
RESOLUTION NO. 2024-012–PC
7
1. Any future expansion of the proposed services may be subject to review by the Planning
Commission.
2. The stacking of containers will not be permitted on site.
3. 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 must be
removed within 24 hours of being reported.
4. If the color or architecture of the building is proposed to be modified in the future, the
revised color scheme and or architecture shall be submitted to the Planning Division prior
to any modification of the building exterior, for evaluation for substantial conformance to
the approved plans.
5. Minor Modification to the plans shall be subject to approval by the Director through the
Minor Modification Permit process. Any modification which exceeds ten percent (10%)
of allowable measurable design/site considerations shall require the refilling of the
original application.
6. Signs are not approved as a part of this permit. Prior to installing signs, the applicant
must submit an application for approval by the Planning Division. Banners, flags,
pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained.
7. The applicant/owner shall always maintain all landscaping in the parking lot and setbacks
in a weed and disease-free condition and any dead or missing vegetation must be
promptly replaced.
8. The project shall comply with all applicable requirements of the City of San Bernardino
Community Development and Housing Department, Public Works Department and
Building & Safety Division, Police Department, Municipal Water Department, and the
City Clerk’s Office/Business Registration Division.
9. 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.
10. All new construction shall require permits prior to commencement.
11. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am.
No construction vehicles, equipment, or employees may be delivered to, or arrive at the
construction site before 7:00 am or leave the site after 8:00 pm. Construction activities
may only occur Monday through Friday.
12. No Final Certificate of Occupancy will be issued until all Conditions of Approval have
been completed.
Packet Page. 411
RESOLUTION NO. 2024-012–PC
8
13. 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.
14. 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.
15. Graffiti. Any graffiti painted, drawn, marked, etched, or otherwise placed upon the
premises or on any area under the control of the owner shall be removed or painted over
within 48 hours.
16. 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.
17. 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.
18. 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
vegetation shall be planted and maintained in a manner that minimizes its use as a hiding
place.
19. Security Cameras. All criminal and suspicious activities recorded 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. At least
two (24-hour) time lapse security cameras may be required to be installed and properly
maintained on the exterior of the building.
20. Applicant / Property owner must sign and have notarized an affidavit acknowledging
acceptance of the Conditions of Approval and return it to the Planning Division within
thirty (30) days of the effective date of this approval.
San Bernardino County Fire District
Packet Page. 412
RESOLUTION NO. 2024-012–PC
9
1. The above referenced project is under the jurisdiction of the San Bernardino County Fire
Department herein “Fire Department”. Prior to any construction occurring on any parcel,
the applicant shall contact the Fire Department for verification of current fire protection
requirements. All new construction shall comply with the current California Fire Code
requirements and all applicable statutes, codes, ordinances, and standards of the Fire
Department.
2. The required fire fees shall be paid to the San Bernardino County Fire
Department/Community Safety Division.
3. Fire Condition Letters shall expire on the date determined by the Planning Division or
Building and Safety.
4. Permission to occupy or use the building (Certification of Occupancy or Shell Release)
will not be granted until the Fire Department inspects, approves, and signs off on the
Building and Safety job card for “fire final”.
5. Building Plans shall be submitted to the Fire Department for review and approval. The
required fees shall be paid at the time of plan submittal.
6. Building Plans shall be submitted to the Fire Department for review and approval. The
required fees shall be paid at the time of plan submittal.
7. 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.
8. Combustible vegetation shall be removed as follows: a. Where the average slope of the
site is less than 15% - Combustible vegetation shall be removed a minimum distance of
thirty (30) feet from all structures or to the property line, whichever is less. b. Where the
average slope of the site is 15% or greater - Combustible vegetation shall be removed a
minimum one hundred (100) feet from all structures or to the property line, whichever is
less. County Ordinance #3586
9. The development shall have a minimum of one point 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. b. Multi-Story Road Access Width. Fire apparatus
access roadways serving buildings that are three (3) or more stories or thirty (30) feet or
more in height shall be a minimum of thirty (30) feet in unobstructed width and vertically
to fourteen (14) feet six (6) inches in height.
10. Fire access roadways shall not exceed a maximum of twelve (12%) percent grade at any
point. Fire access roadways or driveways may be increased to fourteen (14%) percent
grade for a distance not to exceed five hundred (500) feet. Fire access roadways
providing access to no more than two (2) one or two-family dwellings may be increased
Packet Page. 413
RESOLUTION NO. 2024-012–PC
10
to a maximum of sixteen (16%) percent grade not to exceed five hundred (500) feet.
Grades across the width of a fire access roadways shall not exceed five (5%) percent. In
order to accommodate proper angles of approach and departure, gradient shall not exceed
five (5%) percent change along any ten (10) foot section.
11. 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.
12. 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.
13. This project requires an approved street sign (temporary or permanent). The street sign
shall be installed on the nearest street corner to the project. Installation of the temporary
sign shall be prior to any combustible material being placed on the construction site. Prior
to final inspection and occupancy of the first structure, the permanent street sign shall be
installed.
14. 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 the California Fire Code. The Fire Flow
for this project shall be: 1,500 GPM for a two-hour duration at 20 psi residual operating
pressure. A fire hydrant shall be placed at the entrance to the facility.
15. 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.
16. 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.
17. Hand portable fire extinguishers are required. The location, type, and cabinet design shall
be approved by the Fire Department.
18. Above Ground Storage Tank plans shall be submitted 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.
19. 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.
Packet Page. 414
RESOLUTION NO. 2024-012–PC
11
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.
20. 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 eight (8) inches in
height and with a one (1) 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 nonilluminated address identification shall be displayed on a monument, sign
or other approved means with numbers that are a minimum of six (6) inches in height and
three-quarter (¾) inch stroke.
21. Where an automatic electric security gate is used, an approved Fire Department override
switch (Knox ®) is required.
22. 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.
23. Any changes to this proposal shall require a new Fire Department condition letter.
San Bernardino Municipal Water District – Engineering Division
24. If any new domestic, landscape, and/or fire services are needed, a request for any old
services to be abandoned must be received prior to receiving capacity charge credit.
25. For any building or expansion being constructed, sewer connection and capacity fees are
due prior to issuance of a building permit.
26. If there are any street improvements associated with the project, then it is the developer’s
and/or engineer’s responsibility to submit a copy of the street improvements plans to
SBMWD’S engineering section for review.
Public Works
27. 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 property shall provide a conceptual design at the time of the
planning submittals.
Packet Page. 415
RESOLUTION NO. 2024-012–PC
12
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 outleted into the public street, the drainage shall be
conveyed through a parkway culvert constructed in accordance with City
Standard No. 400. Conveyance of site drainage over the Driveway approaches
will not be permitted.
d) An approved Preliminary Full-Categorical Water Quality Management Plan
(WQMP) shall be required for the project entitlement. Please submit at the time of
Planning submittal. The applicant is directed to the County of San Bernardino’s
Flood Control web page for the template and Technical Guidance Document
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 the 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 the 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.
28. 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. Permit
numbers shall be noted if the source or destination is in the City of San
Bernardino.
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.
Packet Page. 416
RESOLUTION NO. 2024-012–PC
13
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 refuse enclosure is proposed to
be constructed adjacent to spaces for parking passenger vehicles, a 3’ wide by 6
“high concrete planter shall be provided to separate the enclosure from the
adjacent parking. The placement of the enclosure and design of the planter shall
preclude the enclosure doors from opening into drive aisles or impacting against
adjacent parked cars.
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:
h) 1 foot-candle of illumination uniformly distributed over the surface of the parking
lot during hours of operation, and
i) 0.25 foot-candles security lighting during all other hours.
j) The design of on-site improvements shall also comply with all requirements of
The California Building Code, Title 24, relating to accessible parking and
accessibility, including retrofitting of existing building access points for
accessibility, if applicable.
k) 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. All accessible parking spaces shall be a minimum of 18 feet by 9 feet
net.
l) The applicant must post a grading bond prior to issuance of a grading permit. The
amount of the bond is to be determined by the Land Development Division.
m) Prior to occupancy of any building, the developer shall post a bond to guarantee
the maintenance and survival of project landscaping for a period of one year.
n) 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.
Packet Page. 417
RESOLUTION NO. 2024-012–PC
14
o) 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.
29. 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.
30. Offsite Street Improvement and Dedications
a) For the streets listed below, dedication of adequate street right-of-way (R.W.) per
the General Plan (Chapter 6) and Municipal Code (19.20.030-18-A,19.30.290,
19.30.300), shall provide the distance from street centerline to property line and
placement of the curb line (C.L.) in relation to the street centerline shall be as
follows:
Street Name
Dedication shall be
Right of Way(ft.)
From Centerline
Curb Widening shall be
Curb Line(ft)
From Centerline
Rialto Avenue
(0142-212-22-0000)
40’ Existing
10’ Dedication
for a total ½ width of 50’
“Major Arterial”
33’ Existing Edge of
Pavement
36’ Proposed
Per General Plan
Rancho Avenue
(0142-212-22-0000)
44’ Existing
6’ Dedication
for a total ½ width of 50’
“Major Arterial”
32’ Existing
36’ Proposed
Per General Plan
Packet Page. 418
RESOLUTION NO. 2024-012–PC
15
b)Rialto Avenue – TI = 10.0: *-**
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, or
The City’s has a minimum standard for new streets, truck usage (9”AC
over 12” Base); However, if the Soils Report is obtained and indicates a
thicker improvement, the thicker section shall be used.
ii) For transitioning from new curb alignment to existing edge of pavement
outside project limits the edge shall be a deepened or thickened. Use
Caltrans Design Manual or A Policy on Geometric Design of Highways
and Streets for taper requirements.
iii) Both sides of Rialto Avenue shall be paved as indicated above, do to truck
routing on this street, As directed by the City Engineer.
iv) When Striping, all striping shall be thermoplastic paint per section 84 of
the Caltrans specifications.
v) If a Radius type Driveway Approach is proposed in lieu of the standard
drive approach, then a truck turning curb radius shall be 35’. An accessible
bypass crossing the approach shall be provided to comply with current
ADA standard, thickness and reinforcement shall be determined by R
value and TI or Construct Commercial Driveway Approach per City
Standard No. 204, Type II, including an accessible by-pass around the top
of the drive approach. Minimum Width is 26’. No Driveways closer than
100’ from BCR/ECR as directed by the City Engineer. MC12.28.060,
MC12-28-100, MC15.04.230, MC16.20.030, 19.24.060, MC19.30.200,
Ord. MC-1027, 9-09-98; Ord. MC-460, 5-15-85; Ord. MC-320, 12-06-83;
Ord. 3918, 2-25-80; Ord. 2519, 8-20-63; Ord. 1963, 11-18-52, Ord. MC-
1531, 6-03-20, City of San Bernardino - Street Improvement Policy.
vi) Driveways in Commercial, Industrial, or multi-Family units, no gates shall
be placed closer or impede 40’ from back of sidewalk, as directed by the
Traffic Engineer.
vii) Construct 8" Curb and Gutter per City Standard No. 200, type “B”. City of
San Bernardino - Street Improvement Policy.
viii) Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide
adjacent to curb), MC12.92.050, MC19.30.170, Ord. MC-1027, 9-09-98;
Ord. MC-691, 12-19-89, City of San Bernardino - Street Improvement
Policy.
ix) Install LED Street Lights System adjacent to the site in accordance with
City Standard No’s. SL-1, SL-2, and SL-3. Also, when more than three
(3) streetlights a separate street light plan sheet shall be submitted in
accordance with the City of San Bernardino Street Lighting Design
Policies. Install ID Plate on Street light pole. Connect to Existing Street
Light System.
x) Install type II Bike Lane per “Manual Uniform Traffic Control Devices -
California”, as directed by the City Traffic Engineer, SBCTA (San
Packet Page. 419
RESOLUTION NO. 2024-012–PC
16
Bernardino County Transportation Authority) Non-Motorized
Transportation Plan rev. 2018.
xi) Install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes
for future Traffic connections.
xii) No Truck Parking will be allowed on Rialto Avenue, install/replace signs
per city standards.
xiii) 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 with California Land Surveyors Association –
Monument Preservation Guidelines, Copies of Recorded Monuments/Ties
shall be delivered to Public Works/Engineering.
Rancho Avenue – TI = 9.5: * - **
xiv) This Street was repaved in 2022, a Street Moratorium is in place for 5
years, any cuts including utilities will require the whole segment
(intersection to intersection) to be repaved with a minimum 2” Grind and
Overlay. MC12.03.055, Ord MC-1281.
xv) The widening of 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, or The City’s has a minimum standard for new streets, truck
usage (9”AC over 12” Base); However, if the Soils Report is obtained and
indicates a thicker improvement, the thicker section shall be used.
xvi) When Striping, all striping shall be thermoplastic paint per section 84 of
the Caltrans specifications.
xvii) The existing curb & gutter, sidewalk, and driveway fronting the site are in
fair condition, if any curb & gutter panels, sidewalk panels, and driveways
are lifted, cracked, or do not meet current ADA requirements, each of the
panels shall be replaced per city standards. MC12.92.040, Ord. MC-1274,
7-22-08; Ord. MC-1027, 9-09-98; Ord. MC-691, 12-19-89.
xviii) When Replacing/Reconstructing Curb and Gutter panels, Construct 8"
Curb and Gutter per City Standard No. 200, type “B” City of San
Bernardino - Street Improvement Policy.
xix) When Replacing or reconstructing Sidewalk panels, Construct Sidewalk
per City Standard No. 202; Case "A" (6’ wide adjacent to curb)
MC12.92.050, MC19.30.170, Ord. MC-1027, 9-09-98; Ord. MC-691, 12-
19-89, City of San Bernardino - Street Improvement Policy.
xx) Install LED Street Lights System adjacent to the site in accordance with
City Standard No’s. SL-1, SL-2, and SL-3. Also, when more than three
(3) streetlights a separate street light plan sheet shall be submitted in
accordance with the City of San Bernardino Street Lighting Design
Policies. Install ID Plate on Street light pole. Connect to Existing Street
Light System.
Packet Page. 420
RESOLUTION NO. 2024-012–PC
17
xxi) When Replacing/Reconstructing or Constructing sidewalk, install 2-3”
Conduit 36” under the sidewalk with pull rope and pull boxes for future
Traffic connections.
xxii) No Truck Parking will be allowed on Rancho Avenue, install/replace signs
per city standards.
xxiii) 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 with California Land Surveyors Association –
Monument Preservation Guidelines, Copies of Recorded Monuments/Ties
shall be delivered to Public Works/Engineering.
xxiv) Non-Vehicular Access
xxv) No Truck Access
* These Conditions are set for an estimated construction within two years. If
construction exceeds two years from DERC Approval these conditions shall be
reviewed and updated as needed.
**If a Scoping Form is required, this form shall indicate the need of a Traffic
Report, the results of the traffic report shall become conditions of this project
which may increase or extend the above requirements in section 1(b) and 5(a).
c) With Submittal of improvement plans including but not limited to grading plans,
Street improvement plans, storm drain and retention/detention basin plans, and
erosion/sediment control plans, The Applicant shall cause to be formed, or shall
be annexed into an existing, Community Facilities District(s) (CFD) (2019-1
Maintenance) 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. Reso 2018-264, Reso
2019-178.
d) If a drainage report is required by Land Development, A second copy of the
drainage report will be delivered to public works, if offsite or overflow storm
drain systems are identified, all systems shall be identified on the street
improvement plans, and public storm drain shall be on a separate set of plans.
e) A temporary construction encroachment permit from the 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. No Cuts in/on Streets
Packet Page. 421
RESOLUTION NO. 2024-012–PC
18
that are on a Moratorium list. MC12.03.055, MC12.03.060, MC12.03.090,
MC12.03.140
f) Any pavement works affecting the traffic loop detectors shall be coordinated and
subjected to Public Works Traffic Division requirements.
g) The applicant must post a performance bond (Insurance, Deposit) prior to
issuance of the off-site permit. The amount of the bond is to be determined by the
Public Works Department. MC12.03.110, Ord. MC-1027, 9-09-98; Ord. MC-
1004, 10-21-97.
h) The above conditions shall comply with current codes, policies, and standards at
the time of construction.
i) No Direct Connections to underground Storm Drain Systems or Catch Basins.
j) Prior to Certificate of Occupancy or Completion of Project all As-builts and
Centerline Ties shall be submitted to Public Works.
31. Required Engineering Plans
a) A complete submittal for plan checking shall consist of:
▪street improvement plans (may include street lights or street lighting may be
separate plan),
▪sewer plans (Private sewers may be shown on on-site improvement plan;
public sewers must be on a separate plan with profile),
▪storm drain plans (Private storm drains may be shown on on-site improvement
plans; public storm drains must be on a separate plan with profile),
▪signing and striping plan (may be on sheets included in street improvement
plan),
▪lighting (on-site lighting may be included in on-site improvement plan or may
be on a separate stand-alone plan),
▪grading (may be incorporated with on-site improvement plan),
▪on-site improvement plans and on-site landscaping and irrigation,
▪water plans (shall be submitted to San Bernardino Municipal Water
Department),
▪other plans as required. Piecemeal submittal of various types of plans for the
same project will not be allowed.
▪All required supporting calculations, studies and reports must 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 (city standard block)
Packet Page. 422
RESOLUTION NO. 2024-012–PC
19
satisfactory to the City Engineer or his designee can be found on the City Web
Site
http://www.sbcity.org/city_hall/public_works/engineering_division/engineering_d
evelopment_resources Engineering conditions of the project shall be inserted in
the last pages of the plans.
c) After completion of plan checking, final mylar drawings with city standard block,
stamped and signed by the Registered Civil Engineer in charge, shall be submitted
to the City Engineer for approval.
d) Copies of the City’s 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/city_hall/public_works/engineering_division/design_policy
_and_procedure_documents .
32. Traffic Requirements
a) All Traffic measures shall be implemented according to the recommendations of
the City Traffic Engineer prior to Street Improvement plan approval.
b) All Public Works offsite items shall be shown with the Conditions of Approval
on the last pages of Public Works Offsite Plans.
c) Fair Share Fees shall be paid prior to issuance of permit.
d) The developer submitted a traffic scope approval form and a Vehicles Miles
Traveled (VMT) assessment. All reports were approved.
33. Required Engineering Permits
a) Grading permit (LD).
b) On-site improvements construction permit (LD) (except buildings - see
Development Services-Building Division), including landscaping.
c) WQMP/Hydrology (THR).
d) Lot merger (LM).
e) Off-site improvement construction permit. (E).
f) CFD/Street Dedication permit (RP).
34. Applicable Engineering Fees
a) All plan checks, 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
Packet Page. 423
RESOLUTION NO. 2024-012–PC
20
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
35. Integrated Solid Waste Management
a) During demolition and/or construction, services are to be provided through the
City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc.
b) The undated Site Plan identifies:
The project site is located: W 18xx 19xx Rialto Avenue sec Rancho Avenue
behind gas station.
Project Description: Construct a truck terminal.
Comments: The Site Plan dated 6/9/23 identifies a single trash enclosure located
along the west property line. Enclosure dimensions are 9.17' X 15.33'. It is
accessed by a 93-foot-wide truck maneuvering area.
Based upon the information provided, the project meets or exceeds Burrtec's
minimum requirements for trash enclosure location, size, and accessibility.
Burrtec will therefore provide standard commercial collections services for trash
and mixed recyclables.
Any changes to the overall project design, enclosure specifications or location, or
access may adversely impact Burrtec's ability to service the project. Any design
modifications that could impact Burrtec's service will be subject to review and
approval by Burrtec.
Burrtec's review of this project is limited to determining whether it meets
Burrtec's minimum standards for waste and recycling collection services. Any
comments or approvals by Burrtec are limited to these minimum standards as they
relate to our equipment and personnel and do not pertain to the project's
compliance with applicable federal, state, and local land use and environmental
laws, building codes or other applicable government regulations. Any approvals
by Burrtec do not warrant or represent that Burrtec accepts any liability relative to
the performance of waste and recycling collection services within this project.
Burrtec's review of this project is limited to determining whether it meets
Burrtec's minimum standards for waste and recycling collection services. Any
comments or approvals by Burrtec are limited to these minimum standards as they
relate to our equipment and personnel and do not pertain to the project's
compliance with applicable federal, state, and local land use and environmental
laws, building codes or other applicable government regulations. Any approvals
Packet Page. 424
RESOLUTION NO. 2024-012–PC
21
by Burrtec do not warrant or represent that Burrtec accepts any liability relative to
the performance of waste and recycling collection services within this project.
End of Burrtec Waste Comments.
c) Construct at a minimum a City Standard Plan 508 Refuse Enclosure and meet or
exceed the minimum 8’-0”x 15’-0” clear interior dimensions required for the
container storage area. Modified refuse enclosures shall be reviewed and
approved by the Public Works Department, the Building and Safety Division, and
Burrtec Waste.
d) Contact the Building & Safety Division to determine if any ADA accessibility
modifications must be made to the refuse enclosure. Modifications made to refuse
enclosures to meet ADA accessibility requirements shall not decrease the
minimum clear interior dimensions needed for the container storage area.
e) Refuse enclosures within five (5) feet of combustible construction shall install an
automatic fire sprinkler as approved by the Building & Safety Division and the
San Bernardino County Fire Department. (See City Standard Plan 508)
f) Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its
lowest point, with minimal front protrusions that can be damaged during container
servicing and must extend over any open side or the rear of the refuse enclosure
by at least six (6) inches or as approved by the City.
g) Burrtec Waste Truck Turning Radius – All corners and intersections on streets
and driveways leading to refuse enclosures shall have a turning radius adequate
for a 35-foot long, three-axle collection truck. Collection trucks require a
minimum 23-foot interior curb return radius to make a minimum 28-foot turn.
The minimum outside curb radius shall be at least 42 feet. All streets and
driveways shall comply with applicable City standards. Burrtec Waste’s Truck
Turning Radius template may be obtained from the Public Works Department in
PDF and CAD.
h) Vertical and Horizontal Clearances – The minimum vertical clearance for
collection trucks along the entire route to the refuse enclosure is fifteen (15) feet.
The minimum vertical clearance in front of the refuse enclosure where the truck
will empty the container shall be twenty-six (26) feet. The clear height shall be
free of building overhangs, trees, and utility lines. The minimum horizontal
clearance along the entire route to an enclosure is 12 feet.
i) Hammerhead Turnarounds shall meet or exceed San Bernardino County Fire
Protection District Standard Number A-1 Diagram A-1.12: Hammerhead
Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead
detail may be obtained from the City Public Works Department.
Packet Page. 425
RESOLUTION NO. 2024-012–PC
22
j) Tenants/Businesses involved in the production, manufacture, distribution, or sale
of food products shall participate in a food waste recycling program per Assembly
Bill 1826. This will require additional container(s) for food waste.
k) If gated, access shall be provided by means of a key, code, or remote.
l) Assembly Bill 341 Mandatory Commercial Recycling may apply.
m) Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply.
n) Upon completion, service is provided through the City of San Bernardino’s
franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San
Bernardino, CA 92408 (909) 804-4222.
SECTION 4. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adopt Planning Commission Resolution No. 2024-012:
a.Finding the Categorical Exemption for Development Permit Type-P 22-05 is exempt
from CEQA review, pursuant to Section 15332 (In-Fill Development Projects) of the
CEQA Guidelines, and directing the Planning Division to prepare and file with the
Clerk of the County of San Bernardino a Notice of Exemption as provided under
Public Resources Code Section 21152(b) and CEQA Guidelines Section 15062; and
b.Approving Development Permit Type-P 22-05 based on the Findings of Facts.
SECTION 4. SEVERABILITY:
If any provision of this Resolution or the applicant 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. CUSTODIAN OF RECORDS
The location and custodian of the documents and any other material, which constitute the record
of proceedings upon which the Planning Commission based its decision, is as follows: Genoveva
Rocha, City Clerk, 201 North E Street (Building A), (909) 384-5002.
PASSED, APPROVED AND ADOPTED this 11th day of June 2024.
Packet Page. 426
RESOLUTION NO. 2024-012–PC
23
____________________________________
Dolores Armstead, Chairperson
San Bernardino Planning Commission
Gabriel Elliott, Planning Commission Secretary
City of San Bernardino, California
Packet Page. 427
RESOLUTION NO. 2024-012–PC
24
CERTIFICATION:
I, Jennifer Meamber, Recording Secretary of the Planning Commission of the City of
San Bernardino, California, do hereby certify that the foregoing Resolution, No. 2024-012-PC,
was duly adopted by the Planning Commission of the City of San Bernardino, California, at a
regular meeting thereof held on the 11th day of June 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Jennifer Meamber, Recording Secretary
City of San Bernardino, California
Packet Page. 428
RESOLUTION NO. 2024-012–PC
25
EXHIBIT “A”
APPROVED PLANS
Packet Page. 429
RESOLUTION NO. 2024-012–PC
1
RESOLUTION NO. 2024-012–PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RATIFYING ITS DECISION DENYING DEVELOPMENT
PERMIT TYPE-P 22-05, THEREBY NOT ALLOWING THE
DEVELOPMENT AND ESTABLISHMENT OF A NEW
TRUCK AND TRAILER PARKING FACILITY ON A
PROJECT SITE CONTAINING A TOTAL OF
APPROXIMATELY 2.90 ACRES LOCATED ON THE
SOUTHEAST CORNER OF W. RIALTO AVENUE AND S.
RANCHO AVENUE, (APN(S): 0142-212-22) WITHIN THE
INDUSTRIAL LIGHT (IL) ZONE.
WHEREAS, on October 17, 2022, pursuant to the requirements of Chapter 19.44
(Development Permits) of the City of San Bernardino Development Code, an application for
Development Permit Type-P 22-05 was duly submitted by:
Property Owner: Olivos Otay, LLC
4938 Surfcliff Point
San Diego, CA 92154
Applicant: Guillermo Urias
4938 Surfcliff Point
San Diego, CA 92154
Parcel Address: Southeast corner of W. Rialto Avenue and S. Rancho
Avenue
APN: 0142-212-22
Lot Area: 2.90 acres
WHEREAS, Development Permit Type-P 22-05 is a request to allow the development
and establishment of a new truck and trailer parking facility on a project site containing a total of
approximately 2.90 acres; and
WHEREAS, the Planning Division of the Community Development and Housing
Department has reviewed Development Permit Type-P 22-05 for consistency with the City of
San Bernardino General Plan and compliance with the City of San Bernardino Development
Code; and
WHEREAS, on March 2, 2024 pursuant to the requirements of Section 19.52.020
(Hearing and Appeals – Application on Processing) of the City of San Bernardino Development
Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of
general circulation within the City of San Bernardino, and by mailing notices to the owners and
tenants of properties within 1,000 feet of the subject property of the holding of a public hearing
at which Development Permit Type-P 22-05 would be considered; and
Packet Page. 430
RESOLUTION NO. 2024-012–PC
2
WHEREAS, on March 12, 2024 After opening the public hearing and receiving public
testimony, the Planning Commission continued consideration of Development Permit Type – P
22-05 to the Regular Planning Commission meeting of April 9, 2024; and
WHEREAS, on April 9, 2024 After opening the public hearing and receiving public
testimony, the Planning Commission pulled Development Permit Type – P 22-05 from the
agenda until the item was brought back for future date; and
WHEREAS, on June 1, 2024 pursuant to the requirements of Section 19.52.020 (Hearing
and Appeals – Application on Processing) of the City of San Bernardino Development Code, the
City gave public notice by advertising in the San Bernardino Sun, a newspaper of general
circulation within the City of San Bernardino, and by mailing notices to the owners and tenants
of properties within 1,000 feet of the subject property of the holding of a public hearing at which
Development Permit Type-P 22-05 would be considered; and
WHEREAS, on June 11, 2024 pursuant to the requirements of Section 19.52.040
(Hearing and Appeals – Application on Processing) of the City of San Bernardino Development
Code, the Planning Commission held the duly noticed public hearing at which interested persons
had an opportunity to testify in support of, or opposition to Development Permit Type-P 22-05,
and at which meeting the Planning Commission considered Development Permit Type-P 22-05;
and
WHEREAS, at the June 11, 2024 Planning Commission meeting, staff recommended
that the Planning Commission adopt Resolution No. 2024-012 approving Development Permit
Type-P and finding that the project is subject to a Categorical Exemption under the California
Environmental Quality Act; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, the Commission listed
various reasons for denying the project, including that the proposed land use is not harmonious
nor compatible with the surrounding residential land uses, and that the proposed land use does
not integrate nor minimize impacts on the surrounding land uses as stated in the General Plan
Goals and Policies; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, after conducting the
public hearing, receiving public testimony, and deliberation by the Commission, Commissioner
Daily made a motion and Chair Armstead seconded the motion to deny Resolution No. 2024-012
denying Development Permit Type-P 22-05, which motion passed by a vote of four (4) in favor
and three (3) against, with two (2) Commissioners absent; and
WHEREAS, the Planning Commission must now ratify the decision it took on June 11,
2024 in the form of this Resolution which includes findings for denial; and
WHEREAS, pursuant to the requirements of Chapter 19.44 (Development Permits) of
the City of San Bernardino Development Code, the Planning Commission has the authority to
take action on Development Permit Type-P 22-05.
NOW THEREFORE, the Planning Commission of the City of San Bernardino does
hereby resolve, determine, find, and order as follows:
Packet Page. 431
RESOLUTION NO. 2024-012–PC
3
SECTION 1. INCORPORATION OF RECITALS:
The recitals above are true and correct and are hereby incorporated herein by this reference.
SECTION 2. ENVIRONMENTAL DETERMINATION:
As the decision-making body for the project, the Planning Commission has reviewed and
considered the information contained in the administrative record for Development Permit Type-
P 22-05. Based upon the facts and information contained in the administrative record, including
all written and oral evidence presented to the Planning Commission, the Planning Commission
finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State
CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) In accordance with Section 15270(a) (Projects Which are Disapproved) of the
CEQA Guidelines, “CEQA does not apply to projects which a public agency rejects or
disapproves.” Therefore, CEQA does not apply to the denial of Development Permit Type – P
22-05.
(3) The determination reflects the independent judgment of the Planning Commission.
SECTION 3. FINDINGS FOR DEVELOPMENT PERMIT TYPE – P 22-05:
Pursuant to Section 19.44.040 of the City of San Bernardino Development Code, Development
Permit applications are required to meet certain findings prior to the approval by the Planning
Commission. Accordingly, the following findings are provided in support of the denial of
Development Permit Type-P 22-05:
Finding No. 1:The proposed development is one permitted within the subject zoning
district and complies with all of the applicable provisions of this
Development Code, including prescribed development/site standards and
any/all applicable design guidelines.
Finding of Fact:The proposed development is located within the Industrial Light (IL) zone.
The development and establishment of a truck and trailer parking facility
withing the IL zone is permitted subject to the approval of a Development
Permit Type-P application. The proposal under Development Permit
Type-P 22-05 will be developed in compliance with all of the applicable
provisions contained in the City of San Bernardino Development Code,
including development standards and applicable design guidelines.
Therefore, the proposed project will not impair the integrity and character
of the subject zone.
Finding No. 2:The proposed development is consistent with the General Plan.
Packet Page. 432
RESOLUTION NO. 2024-012–PC
4
Finding of Fact:The proposal is not consistent with the following General Plan Goals and
Policies:
General Plan Land Use Element Policy 2.1.1: 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 2.2: Promote development that
integrates with and minimizes impacts on surrounding land uses.
The project site consists of an undeveloped parcel surrounded by light
industrial businesses, vacant lots and residential properties. The subject
site directly abuts residentially zoned properties to the south that are
developed with single family residential homes. The proposed project site
will be developed with 54 parking stalls designated for semi-truck
parking. The development and establishment of an industrial use of this
caliber abutting single family homes will not ensure compatibility between
land uses. The subject site is located within an industrial area with
established industrial type uses. The addition of a truck and trailer parking
facility will add to the number of truck activity within the area, which will
not minimize the impacts the industrial uses have on the surrounding
residential development. Therefore, the proposed project does not comply
with the goals and policies of the General Plan.
Finding No. 3:The proposed development would be harmonious and compatible with
existing and future developments within the zone and general area, as well
as with the land uses presently on the subject property.
Finding of Fact:The subject site is located within the Industrial light (IL) zone which
allows for the development and establishment of truck and trailer parking.
However, the site directly abuts residentially zoned properties to the south
that are developed with single family residential homes. The project
proposes a truck parking facility that will accommodate the parking of 54
semi-trucks on site. The intensity of the proposed use will not be
compatible with the abutting single-family homes. Therefore, the
development and establishment of the proposed truck and trailer parking
will neither be harmonious nor compatible with the existing and future
development of the general area.
Finding No. 4:The approval of the Development Permit for the proposed development 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:Pursuant to section 15270(a) (Projects Which are Disapproved) of the
CEQA Guidelines, “CEQA does not apply to projects which a public
agency rejects or disapproves.” Therefore, CEQA does not apply to the
denial of Development Permit Type – P 22-05.
Packet Page. 433
RESOLUTION NO. 2024-012–PC
5
Finding No. 5:There will be no potential significant negative impacts upon
environmental quality and natural resources that could not be properly
mitigated and monitored.
Finding of Fact:The project site is located within an urbanized area and is surrounded by
existing industrial, commercial and residential development. Therefore, no
significant negative impacts on the environment are anticipated to result
from the proposed development.
Finding No. 6:The subject site is physically suitable for the type and density/intensity of
use being proposed.
Finding of Fact:The subject site is in compliance with the applicable Development Code
Standards and is physically suitable for the type and density/intensity of
the project being proposed. Therefore, there are no physical constraints on
the site that would limit the development of the proposed truck and trailer
parking facility.
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, water, sanitation, and
public utilities and services for the proposed Development. The subject
site is located in an urbanized area with a full range of public utilities and
services and public access off of West Rialto Avenue. Subject to
Conditions of Approval, the proposed development under Development
Permit Type-P 22-05 will not be detrimental to the public services or
public health and safety.
Finding No. 8:The location, size, design, and operating characteristics of the proposed
use are compatible with the existing and future land uses within the
general area in which the proposed use is to be located and will not create
significant noise, traffic or other conditions or situations that may be
objectionable or detrimental to other permitted uses in the vicinity or
adverse to the public interest, health, safety, convenience, or welfare of the
City.
Finding of Fact:The proposed 2.90-acre truck and trailer parking facility will be in
compliance with the Development standards of the City of San Bernardino
Development Code requirements that are applicable for industrial
development within the Industrial Light Zone. However, the subject site
directly abuts residentially zoned properties to the south that are developed
with single family residential homes. The development and establishment
of an industrial use of this type of operating characteristic will neither be
harmonious nor compatible with the abutting residentially zoned
properties. Therefore, the location, size, design, and characteristics of the
Packet Page. 434
RESOLUTION NO. 2024-012–PC
6
proposed development will not enhance the general area to the benefit of
the public interest and general welfare of the city.
SECTION 4. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adopt Planning Commission Resolution No. 2024-012:
a.Ratifying its Denial of Development Permit Type-P 22-05 based on the Findings of
Facts.
SECTION 5. SEVERABILITY:
If any provision of this Resolution or the applicant 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. CUSTODIAN OF RECORDS
The location and custodian of the documents and any other material, which constitute the record
of proceedings upon which the Planning Commission based its decision, is as follows: Genoveva
Rocha, City Clerk, 201 North E Street (Building A), (909) 384-5002.
PASSED, APPROVED AND ADOPTED this 9th day of July 2024.
____________________________________
Dolores Armstead, Chairperson
San Bernardino Planning Commission
Gabriel Elliott, Planning Commission Secretary
City of San Bernardino, California
Packet Page. 435
RESOLUTION NO. 2024-012–PC
7
CERTIFICATION:
I, Jennifer Meamber, Recording Secretary of the Planning Commission of the City of San
Bernardino, California, do hereby certify that the foregoing Resolution, No. 2024-012-PC, was
duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular
meeting thereof held on the 9th day of July 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Jennifer Meamber, Recording Secretary
City of San Bernardino, California
Packet Page. 436
RESOLUTION NO. 2024-012–PC
8
EXHIBIT “A”
DENIED PLANS
Packet Page. 437
Packet Page. 438
Packet Page. 439
Packet Page. 440
Packet Page. 441
Packet Page. 442
Packet Page. 443
Packet Page. 444
Packet Page. 445
Packet Page. 446
Packet Page. 447
Packet Page. 448
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 1 of 25
5
2
5
1
RESOLUTION NO. 2024-182
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
GRANTING APPEAL 24-03 OF THE PLANNING
COMMISSION’S DENIAL, THEREBY APPROVING
DEVELOPMENT PERMIT TYPE-P 22-05 TO ALLOW THE
DEVELOPMENT, ESTABLISHMENT, AND OPERATION
OF A TRUCK AND TRAILER PARKING FACILITY ON A
PROJECT SITE CONTAINING A TOTAL OF
APPROXIMATELY 2.90 ACRES LOCATED ON THE
SOUTHEAST CORNER OF W. RIALTO AVENUE AND S.
RANCHO AVENUE, (APN(S): 0142-212-22) WITHIN THE
INDUSTRIAL LIGHT (IL) ZONE; AND FINDING THE
PROJECT SUBJECT TO A CATEGORICAL EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
WHEREAS, on October 17, 2022, pursuant to the requirements of Chapter 19.44
(Development Permits) of the City of San Bernardino Development Code, an application for
Development Permit Type-P 22-05 was duly submitted by:
Owner: Olivos Otay, LLC
4938 Surfcliff Point
San Diego, CA 92154
Applicant: Guillermo Urias
4938 Surfcliff Point
San Diego, CA 92154
Property Address: Southeast corner of W. Rialto Avenue and S. Rancho
Avenue
APN: 0142-212-22
Lot Area: 2.90 acres
WHEREAS, Development Permit Type-P 22-05 is a request to allow the development and
establishment of a new truck and trailer parking facility on a project site containing a total of
approximately 2.90 acres; and
WHEREAS, the Planning Division of the Community Development and Housing
Department has reviewed Development Permit Type-P 22-05 for consistency with the City of
San Bernardino General Plan and compliance with the City of San Bernardino Development Code;
and
Packet Page. 449
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 2 of 25
5
2
5
1
WHEREAS, on March 12, 2024 After opening the public hearing and receiving public
testimony, the Planning Commission continued consideration of Development Permit Type – P
22-05 to the Regular Planning Commission meeting of April 9, 2024; and
WHEREAS, on April 9, 2024 After opening the public hearing and receiving public
testimony, the Planning Commission pulled Development Permit Type – P 22-05 from the agenda
until the item was brought back for future date; and
WHEREAS, on June 11, 2024 pursuant to the requirements of Section 19.52.040 (Hearing
and Appeals – Application on Processing) of the City of San Bernardino Development Code, the
Planning Commission held the duly noticed public hearing at which interested persons had an
opportunity to testify in support of, or opposition to Development Permit Type-P 22-05, and at
which meeting the Planning Commission considered Development Permit Type-P 22-05; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, staff recommended that
the Planning Commission adopt Resolution No. 2024-012 approving Development Permit Type-
P 22-05 and finding that the project is subject to a Categorical Exemption under the California
Environmental Quality Act; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, the Commission listed
various reasons for denying the project, including that the proposed land use is not harmonious nor
compatible with the surrounding residential land uses, and that the proposed land use does not
integrate nor minimize impacts on the surrounding land uses as stated in the General Plan Goals
and Policies; and
WHEREAS, at the June 11, 2024 Planning Commission meeting, after conducting the
public hearing, receiving public testimony, and deliberation by the Commission, Commissioner
Daily made a motion and Chair Armstead seconded the motion to deny Resolution No. 2024-012
denying Development Permit Type-P 22-05; and
WHEREAS, the motion passed by the following vote:
Ayes: Dailey, Lopez, Armstead, Sherrick
Nays: Garcia, Quiel, Garcia
Absent: Flores, Karaiscos
WHEREAS, on June 26, 2024, pursuant to the requirements of Section 19.52.100 (Filing
of Appeals) of the City of San Bernardino Development Code, the applicant submitted an
application for Appeal No. 24-03 of the decision taken by the Planning Commission denying
Development Permit Type-P 22-05; and
WHEREAS, on July 9, 2024, the Planning Commission adopted Resolution No. 2024-012
of the Planning Commission of the City of San Bernardino, California, denying Development
Permit Type-P 22-05; and
Packet Page. 450
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 3 of 25
5
2
5
1
WHEREAS, notice of the August 21, 2024 public hearing for the Mayor and City
Council's consideration of the proposed Resolution for Appeal 24-03 for Development Permit
Type-P 22-05 was published in The Sun newspaper on, August 10, 2024, and was mailed to owners
of property and tenants located within 1,000 feet of the subject property of the holding of the public
hearing in accordance with Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino
Development Code; and
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) and
Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino
Development Code, the Mayor and City Council has the authority to take action on Appeal 24-03
for Development Permit Type-P 22-05.
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. As the decision-
making body for the project, the Mayor and City Council have reviewed and considered the
information contained in the administrative record for Development Permit Type-P 22-05. Based
upon the facts and information contained in the administrative record, including all written and
oral evidence presented to the Mayor and City Council, the Mayor and City Council finds, as
follows:
(1) The administrative record has been completed in compliance with CEQA, the State
CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) In accordance with Section 15332 (In-Fill Development Projects) of the CEQA
Guidelines, the Mayor and City Council has determined that consideration of Development Permit
Type-P 22-05 is exempt from CEQA due to fact that 1) the project is consistent with the applicable
general plan designation and all applicable general plan policies as well as with applicable zoning
designation and regulations; 2) the proposed development occurs within city limits on a project
site of no more than five acres substantially surrounded by urban uses; 3) the project site has no
value as habitat for endangered, rare or threatened species; 4) approval of the project would not
result in any significant effects relating to traffic, noise, air quality, or water quality; and 5) the site
can be adequately served by all required utilities and public services; and
(3) The determination of CEQA exemption reflects the independent judgment of the
Mayor and City Council.
SECTION 3.Findings of Fact – Development Permit Type-P 22-05.
Finding No. 1:The proposed development is one permitted within the subject zoning
district and complies with all of the applicable provisions of this
Packet Page. 451
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 4 of 25
5
2
5
1
Development Code, including prescribed development/site standards and
any/all applicable design guidelines.
Finding of Fact:The proposed development is located within the Industrial Light (IL) zone.
The development and establishment of a truck and trailer parking facility
within the IL zone is permitted subject to the approval of a Development
Permit Type-P application. The proposal under Development Permit Type-
P 22-05 will be developed in compliance with all of the applicable
provisions contained in the City of San Bernardino Development Code,
including development standards and applicable design guidelines.
Therefore, the proposed project will not impair the integrity and character
of the subject zone.
Finding No. 2:The proposed development is consistent with the General Plan.
Finding of Fact:The proposal is consistent with the following General Plan Goals and
Policies:
General Plan Land Use Element Policy 2.1.1: 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 2.2: Promote development
that integrates with and minimizes impacts on surrounding land
uses.
The proposed project implements the above General Plan goals and
policies by capitalizing on the City’s transportation and locational
strengths as well as the logistics sector. Development of the site will
be designed and completed in a manner that will enhance the
physical and visual qualities of the subject property while also
minimizing impacts on the surrounding residential development.
The project will be designed to enhance the aesthetics of the
surrounding neighborhood and ensure compatibility between land
uses. Therefore, the proposed project complies with the goals and
policies of the General Plan.
Finding No. 3:The proposed development would be harmonious and compatible with
existing and future developments within the zone and general area, as well
as with the land uses presently on the subject property.
Finding of Fact:The subject site is located within the Industrial light (IL) zone which allows
for the development and establishment of truck and trailer parking facilities.
The proposed use will be compatible with the properties to the north, east
and west which are also zoned Industrial Light and will be harmonious to
Packet Page. 452
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 5 of 25
5
2
5
1
the existing adjacent uses. However, the site directly abuts residentially
zoned properties to the south that are developed with single family
residential homes. The proposed project will provide a Seventeen (17) feet
wide landscape buffer in addition to the existing six (6) feet high block wall
to further screen the parking area from the single-family residential
properties. Therefore, the development and establishment of the proposed
truck and trailer parking will be harmonious and compatible with the
existing and future development of the general area.
Finding No. 4:The approval of the Development Permit for the proposed development 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), the
Planning Division of the Community Development and Housing
Department conducted an environmental evaluation in connection with
proposed Development Permit Type-P 22-05 and concluded that the
proposed project is exempt from CEQA Guidelines, pursuant to Section
15332 (In-Fill Development Projects) of the CEQA Guidelines. Therefore,
the proposed project site is in compliance with the requirements of CEQA
and Section 19.20.030(6) of the Development Code.
Finding No. 5:There will be no potential significant negative impacts upon environmental
quality and natural resources that could not be properly mitigated and
monitored.
Finding of Fact:The project site is located within an urbanized area and is surrounded by
existing industrial, commercial, and residential development. Therefore, no
significant negative impacts on the environment are anticipated to result
from the proposed development.
Finding No. 6:The subject site is physically suitable for the type and density/intensity of
use being proposed.
Finding of Fact:The subject site is in compliance with the applicable Development Code
Standards and is physically suitable for the type and density/intensity of the
project being proposed. Therefore, there are no physical constraints on the
site that would limit the development of the proposed truck and trailer
parking facility.
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, water, sanitation, and
public utilities and services for the proposed Development. The subject site
Packet Page. 453
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 6 of 25
5
2
5
1
is located in an urbanized area with a full range of public utilities and
services and public access off of West Rialto Avenue. Subject to Conditions
of Approval, the proposed development under Development Permit Type-
P 22-05 will not be detrimental to the public services or public health and
safety.
Finding No. 8:The location, size, design, and operating characteristics of the proposed use
are compatible with the existing and future land uses within the general area
in which the proposed use is to be located and will not create significant
noise, traffic or other conditions or situations that may be objectionable or
detrimental to other permitted uses in the vicinity or adverse to the public
interest, health, safety, convenience, or welfare of the City.
Finding of Fact:The proposed 2.90-acre truck and trailer parking facility will be in
compliance with the Development standards of the City of San Bernardino
Development Code requirements that are applicable for industrial
development within the Industrial Light Zone. The subject site will be
designed and completed in a manner that will enhance the physical and
visual qualities of the subject property. Therefore, the proposed use will be
compatible with the existing and future land uses within the general area.
SECTION 4. 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 5.Conditions of Approval:
The approval of Development Permit Type-P 22-05 shall be subject to the following Conditions
of Approval:
1. This approval authorizes the development and establishment of a truck and trailer parking
facility on a parcel containing approximately 2.90 acres. The project site is located on the
Southeast corner of W. Rialto Avenue and S. Rancho Avenue (APN: 0142-212-22)
San Bernardino, CA, within the Industrial Light (IL).
2. The project site shall be maintained in accordance with the plans stamped August 21, 2024
(EXHIBIT “A”) approved by the City, which includes a site plan, floor plan and elevations
on file in the Planning Division; the conditions contained herein; and the City’s Municipal
Code regulations.
3. The required 17-foot buffer shall be planted with landscaping materials that will consist of
Palo Verde tree, Desert Willow, Afghan Pine, Chaste Tree, Century Plant, Bougainvillea,
Packet Page. 454
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 7 of 25
5
2
5
1
Desert Spoon, Dwarf Lavender Cotton, and Spanish Dagger to absorb the particulate matter
in the environment.
4. On-site lighting shall be shielded from the adjacent residential use to eliminate light
intrusion.
5. The hours of operation are 7:00am to 7:00pm seven (7) days a week.
6. Within two (2) years of approval of the Development Permit Type-P, the commencement
of construction shall have occurred, or the permit/approval shall become null and void. In
addition, if at any time after the commencement of construction work is discontinued for a
period of one (1) year, then the permit/approval shall become null and void. However,
approval of the Development Permit Type-P does not authorize the commencement of
construction. All necessary permits must be obtained prior to the commencement of
specified construction activities included in the Conditions of Approval.
EXPIRATION DATE: August 21, 2026
7. 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 City of San Bernardino Development Code
provisions in effect at the time of the requested extension.
8. In the event this approval is legally challenged, the City will promptly notify the applicant
of any claim, action or proceeding and will cooperate fully in the defense of this matter.
Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San
Bernardino (City), any departments, agencies, divisions, boards, or commission of the City
as well as predecessors, successors, assigns, agents, directors, elected officials, officers,
employees, representatives and attorneys of the City from any claim, action or proceeding
against any of the foregoing persons or entities. The applicant further agrees to reimburse
the City for any costs and attorneys’ fees which the City may be required by a court to pay
as a result of such action, but such participation shall not relieve applicant of his or her
obligation under this condition.
The costs, salaries, and expenses of the City Attorney and employees of his office shall be
considered as “Attorney’s fees” for the purpose of this condition. As part of the
consideration for issuing this development Permit, this condition shall remain in effect if
the Development Permit is rescinded or revoked, whether or not at the request of applicant.
Planning Division
1. Any future expansion of the proposed services may be subject to review by the Planning
Commission.
2. The stacking of containers will not be permitted on site.
Packet Page. 455
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 8 of 25
5
2
5
1
3. 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 must be removed
within 24 hours of being reported.
4. If the color or architecture of the building is proposed to be modified in the future, the
revised color scheme and or architecture shall be submitted to the Planning Division prior
to any modification of the building exterior, for evaluation for substantial conformance to
the approved plans.
5. Minor Modification to the plans shall be subject to approval by the Director through the
Minor Modification Permit process. Any modification which exceeds ten percent (10%) of
allowable measurable design/site considerations shall require the refilling of the original
application.
6. Signs are not approved as a part of this permit. Prior to installing signs, the applicant must
submit an application for approval by the Planning Division. Banners, flags, pennant, and
similar signs are prohibited unless a Temporary Sign Permit is obtained.
7. The applicant/owner shall always maintain all landscaping in the parking lot and setbacks
in a weed and disease-free condition and any dead or missing vegetation must be promptly
replaced.
8. The project shall comply with all applicable requirements of the City of San Bernardino
Community Development and Housing Department, Public Works Department and
Building & Safety Division, Police Department, Municipal Water Department, and the City
Clerk’s Office/Business Registration Division.
9. 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.
10. All new construction shall require permits prior to commencement.
11. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am.
No construction vehicles, equipment, or employees may be delivered to, or arrive at the
construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may
only occur Monday through Friday.
12. No Final Certificate of Occupancy will be issued until all Conditions of Approval have
been completed.
13. 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,
Packet Page. 456
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 9 of 25
5
2
5
1
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.
14. 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.
15. Graffiti. Any graffiti painted, drawn, marked, etched, or otherwise placed upon the
premises or on any area under the control of the owner shall be removed or painted over
within 48 hours.
16. 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.
17. 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.
18. 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 vegetation
shall be planted and maintained in a manner that minimizes its use as a hiding place.
19. Security Cameras. All criminal and suspicious activities recorded 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. At least two
(24-hour) time lapse security cameras may be required to be installed and properly
maintained on the exterior of the building.
20. Applicant / Property owner must sign and have notarized an affidavit acknowledging
acceptance of the Conditions of Approval and return it to the Planning Division within
thirty (30) days of the effective date of this approval.
San Bernardino County Fire District
1. The above referenced project is under the jurisdiction of the San Bernardino County Fire
Department herein “Fire Department”. Prior to any construction occurring on any parcel,
the applicant shall contact the Fire Department for verification of current fire protection
Packet Page. 457
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 10 of 25
5
2
5
1
requirements. All new construction shall comply with the current California Fire Code
requirements and all applicable statutes, codes, ordinances, and standards of the Fire
Department.
2. The required fire fees shall be paid to the San Bernardino County Fire
Department/Community Safety Division.
3. Fire Condition Letters shall expire on the date determined by the Planning Division or
Building and Safety.
4. Permission to occupy or use the building (Certification of Occupancy or Shell Release)
will not be granted until the Fire Department inspects, approves, and signs off on the
Building and Safety job card for “fire final”.
5. Building Plans shall be submitted to the Fire Department for review and approval. The
required fees shall be paid at the time of plan submittal.
6. Building Plans shall be submitted to the Fire Department for review and approval. The
required fees shall be paid at the time of plan submittal.
7. 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.
8. Combustible vegetation shall be removed as follows: a. Where the average slope of the site
is less than 15% - Combustible vegetation shall be removed a minimum distance of thirty
(30) feet from all structures or to the property line, whichever is less. b. Where the average
slope of the site is 15% or greater - Combustible vegetation shall be removed a minimum
one hundred (100) feet from all structures or to the property line, whichever is less. County
Ordinance #3586
9. The development shall have a minimum of one point 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. b. Multi-Story Road Access Width. Fire apparatus access
roadways serving buildings that are three (3) or more stories or thirty (30) feet or more in
height shall be a minimum of thirty (30) feet in unobstructed width and vertically to
fourteen (14) feet six (6) inches in height.
10. Fire access roadways shall not exceed a maximum of twelve (12%) percent grade at any
point. Fire access roadways or driveways may be increased to fourteen (14%) percent grade
for a distance not to exceed five hundred (500) feet. Fire access roadways providing access
to no more than two (2) one or two-family dwellings may be increased to a maximum of
sixteen (16%) percent grade not to exceed five hundred (500) feet. Grades across the width
Packet Page. 458
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 11 of 25
5
2
5
1
of a fire access roadways shall not exceed five (5%) percent. In order to accommodate
proper angles of approach and departure, gradient shall not exceed five (5%) percent
change along any ten (10) foot section.
11. 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.
12. 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.
13. This project requires an approved street sign (temporary or permanent). The street sign
shall be installed on the nearest street corner to the project. Installation of the temporary
sign shall be prior to any combustible material being placed on the construction site. Prior
to final inspection and occupancy of the first structure, the permanent street sign shall be
installed.
14. 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 the California Fire Code. The Fire Flow for this project
shall be: 1,500 GPM for a two-hour duration at 20 psi residual operating pressure. A fire
hydrant shall be placed at the entrance to the facility.
15. 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.
16. 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.
17. Hand portable fire extinguishers are required. The location, type, and cabinet design shall
be approved by the Fire Department.
18. Above Ground Storage Tank plans shall be submitted 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.
19. 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
Packet Page. 459
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 12 of 25
5
2
5
1
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.
20. 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 eight (8) inches in
height and with a one (1) 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 nonilluminated address identification shall be displayed on a monument, sign or
other approved means with numbers that are a minimum of six (6) inches in height and
three-quarter (¾) inch stroke.
21. Where an automatic electric security gate is used, an approved Fire Department override
switch (Knox ®) is required.
22. 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.
23. Any changes to this proposal shall require a new Fire Department condition letter.
San Bernardino Municipal Water District – Engineering Division
24. If any new domestic, landscape, and/or fire services are needed, a request for any old
services to be abandoned must be received prior to receiving capacity charge credit.
25. For any building or expansion being constructed, sewer connection and capacity fees are
due prior to issuance of a building permit.
26. If there are any street improvements associated with the project, then it is the developer’s
and/or engineer’s responsibility to submit a copy of the street improvements plans to
SBMWD’S engineering section for review.
Public Works
27. 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
Packet Page. 460
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 13 of 25
5
2
5
1
side of the property 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 outleted into the public street, the drainage shall be conveyed
through a parkway culvert constructed in accordance with City Standard No. 400.
Conveyance of site drainage over the Driveway approaches will not be permitted.
d) An approved Preliminary Full-Categorical Water Quality Management Plan
(WQMP) shall be required for the project entitlement. Please submit at the time of
Planning submittal. The applicant is directed to the County of San Bernardino’s
Flood Control web page for the template and Technical Guidance Document
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 the 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 the 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.
28. 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. Permit
numbers shall be noted if the source or destination is in the City of San Bernardino.
Packet Page. 461
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 14 of 25
5
2
5
1
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 refuse enclosure is proposed to be
constructed adjacent to spaces for parking passenger vehicles, a 3’ wide by 6 “high
concrete planter shall be provided to separate the enclosure from the adjacent
parking. The placement of the enclosure and design of the planter shall preclude
the enclosure doors from opening into drive aisles or impacting against adjacent
parked cars.
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:
h) 1 foot-candle of illumination uniformly distributed over the surface of the parking
lot during hours of operation, and
i) 0.25 foot-candles security lighting during all other hours.
j) The design of on-site improvements shall also comply with all requirements of The
California Building Code, Title 24, relating to accessible parking and accessibility,
including retrofitting of existing building access points for accessibility, if
applicable.
k) 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. All accessible parking spaces shall be a minimum of 18 feet by 9 feet net.
l) The applicant must post a grading bond prior to issuance of a grading permit. The
amount of the bond is to be determined by the Land Development Division.
m) Prior to occupancy of any building, the developer shall post a bond to guarantee the
maintenance and survival of project landscaping for a period of one year.
Packet Page. 462
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 15 of 25
5
2
5
1
n) 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.
o) 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.
29. 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.
30. Offsite Street Improvement and Dedications
a) For the streets listed below, dedication of adequate street right-of-way (R.W.) per
the General Plan (Chapter 6) and Municipal Code (19.20.030-18-A,19.30.290,
19.30.300), shall provide the distance from street centerline to property line and
placement of the curb line (C.L.) in relation to the street centerline shall be as
follows:
Street Name
Dedication shall be
Right of Way(ft.)
From Centerline
Curb Widening shall
be
Curb Line(ft)
From Centerline
Packet Page. 463
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 16 of 25
5
2
5
1
Rialto Avenue
(0142-212-22-0000)
40’ Existing
10’ Dedication
for a total ½ width of
50’
“Major Arterial”
33’ Existing Edge of
Pavement
36’ Proposed
Per General Plan
Rancho Avenue
(0142-212-22-0000)
44’ Existing
6’ Dedication
for a total ½ width of
50’
“Major Arterial”
32’ Existing
36’ Proposed
Per General Plan
b)Rialto Avenue – TI = 10.0: *-**
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, or The
City’s has a minimum standard for new streets, truck usage (9”AC over 12”
Base); However, if the Soils Report is obtained and indicates a thicker
improvement, the thicker section shall be used.
ii) For transitioning from new curb alignment to existing edge of pavement
outside project limits the edge shall be a deepened or thickened. Use
Caltrans Design Manual or A Policy on Geometric Design of Highways and
Streets for taper requirements.
iii) Both sides of Rialto Avenue shall be paved as indicated above, do to truck
routing on this street, As directed by the City Engineer.
iv) When Striping, all striping shall be thermoplastic paint per section 84 of the
Caltrans specifications.
v) If a Radius type Driveway Approach is proposed in lieu of the standard
drive approach, then a truck turning curb radius shall be 35’. An accessible
bypass crossing the approach shall be provided to comply with current ADA
standard, thickness and reinforcement shall be determined by R value and
TI or Construct Commercial Driveway Approach per City Standard No.
204, Type II, including an accessible by-pass around the top of the drive
approach. Minimum Width is 26’. No Driveways closer than 100’ from
BCR/ECR as directed by the City Engineer. MC12.28.060, MC12-28-100,
MC15.04.230, MC16.20.030, 19.24.060, MC19.30.200, Ord. MC-1027, 9-
09-98; Ord. MC-460, 5-15-85; Ord. MC-320, 12-06-83; Ord. 3918, 2-25-
80; Ord. 2519, 8-20-63; Ord. 1963, 11-18-52, Ord. MC-1531, 6-03-20, City
of San Bernardino - Street Improvement Policy.
vi) Driveways in Commercial, Industrial, or multi-Family units, no gates shall
be placed closer or impede 40’ from back of sidewalk, as directed by the
Traffic Engineer.
vii) Construct 8" Curb and Gutter per City Standard No. 200, type “B”. City of
San Bernardino - Street Improvement Policy.
Packet Page. 464
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 17 of 25
5
2
5
1
viii) Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent
to curb), MC12.92.050, MC19.30.170, Ord. MC-1027, 9-09-98; Ord. MC-
691, 12-19-89, City of San Bernardino - Street Improvement Policy.
ix) Install LED Street Lights System adjacent to the site in accordance with
City Standard No’s. SL-1, SL-2, and SL-3. Also, when more than three (3)
streetlights a separate street light plan sheet shall be submitted in accordance
with the City of San Bernardino Street Lighting Design Policies. Install ID
Plate on Street light pole. Connect to Existing Street Light System.
x) Install type II Bike Lane per “Manual Uniform Traffic Control Devices -
California”, as directed by the City Traffic Engineer, SBCTA (San
Bernardino County Transportation Authority) Non-Motorized
Transportation Plan rev. 2018.
xi) Install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes
for future Traffic connections.
xii) No Truck Parking will be allowed on Rialto Avenue, install/replace signs
per city standards.
xiii) 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 with California Land Surveyors Association – Monument
Preservation Guidelines, Copies of Recorded Monuments/Ties shall be
delivered to Public Works/Engineering.
Rancho Avenue – TI = 9.5: * - **
xiv) This Street was repaved in 2022, a Street Moratorium is in place for 5 years,
any cuts including utilities will require the whole segment (intersection to
intersection) to be repaved with a minimum 2” Grind and Overlay.
MC12.03.055, Ord MC-1281.
xv) The widening of 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, or The City’s has a minimum standard for new streets, truck
usage (9”AC over 12” Base); However, if the Soils Report is obtained and
indicates a thicker improvement, the thicker section shall be used.
xvi) When Striping, all striping shall be thermoplastic paint per section 84 of the
Caltrans specifications.
xvii) The existing curb & gutter, sidewalk, and driveway fronting the site are in
fair condition, if any curb & gutter panels, sidewalk panels, and driveways
are lifted, cracked, or do not meet current ADA requirements, each of the
panels shall be replaced per city standards. MC12.92.040, Ord. MC-1274,
7-22-08; Ord. MC-1027, 9-09-98; Ord. MC-691, 12-19-89.
xviii) When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb
and Gutter per City Standard No. 200, type “B” City of San Bernardino -
Street Improvement Policy.
Packet Page. 465
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 18 of 25
5
2
5
1
xix) When Replacing or reconstructing Sidewalk panels, Construct Sidewalk per
City Standard No. 202; Case "A" (6’ wide adjacent to curb) MC12.92.050,
MC19.30.170, Ord. MC-1027, 9-09-98; Ord. MC-691, 12-19-89, City of
San Bernardino - Street Improvement Policy.
xx) Install LED Street Lights System adjacent to the site in accordance with
City Standard No’s. SL-1, SL-2, and SL-3. Also, when more than three (3)
streetlights a separate street light plan sheet shall be submitted in accordance
with the City of San Bernardino Street Lighting Design Policies. Install ID
Plate on Street light pole. Connect to Existing Street Light System.
xxi) When Replacing/Reconstructing or Constructing sidewalk, install 2-3”
Conduit 36” under the sidewalk with pull rope and pull boxes for future
Traffic connections.
xxii) No Truck Parking will be allowed on Rancho Avenue, install/replace signs
per city standards.
xxiii) 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 with California Land Surveyors Association – Monument
Preservation Guidelines, Copies of Recorded Monuments/Ties shall be
delivered to Public Works/Engineering.
xxiv) Non-Vehicular Access
xxv) No Truck Access
* These Conditions are set for an estimated construction within two years. If
construction exceeds two years from DERC Approval these conditions shall be
reviewed and updated as needed.
**If a Scoping Form is required, this form shall indicate the need of a Traffic
Report, the results of the traffic report shall become conditions of this project which
may increase or extend the above requirements in section 1(b) and 5(a).
c) With Submittal of improvement plans including but not limited to grading plans,
Street improvement plans, storm drain and retention/detention basin plans, and
erosion/sediment control plans, The Applicant shall cause to be formed, or shall be
annexed into an existing, Community Facilities District(s) (CFD) (2019-1
Maintenance) 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. Reso 2018-264, Reso 2019-178.
Packet Page. 466
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 19 of 25
5
2
5
1
d) If a drainage report is required by Land Development, A second copy of the
drainage report will be delivered to public works, if offsite or overflow storm drain
systems are identified, all systems shall be identified on the street improvement
plans, and public storm drain shall be on a separate set of plans.
e) A temporary construction encroachment permit from the 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. No Cuts in/on Streets that are on a Moratorium list.
MC12.03.055, MC12.03.060, MC12.03.090, MC12.03.140
f) Any pavement works affecting the traffic loop detectors shall be coordinated and
subjected to Public Works Traffic Division requirements.
g) The applicant must post a performance bond (Insurance, Deposit) prior to issuance
of the off-site permit. The amount of the bond is to be determined by the Public
Works Department. MC12.03.110, Ord. MC-1027, 9-09-98; Ord. MC-1004, 10-
21-97.
h) The above conditions shall comply with current codes, policies, and standards at
the time of construction.
i) No Direct Connections to underground Storm Drain Systems or Catch Basins.
j) Prior to Certificate of Occupancy or Completion of Project all As-builts and
Centerline Ties shall be submitted to Public Works.
31. Required Engineering Plans
a) A complete submittal for plan checking shall consist of:
▪street improvement plans (may include street lights or street lighting may be
separate plan),
▪sewer plans (Private sewers may be shown on on-site improvement plan; public
sewers must be on a separate plan with profile),
▪storm drain plans (Private storm drains may be shown on on-site improvement
plans; public storm drains must be on a separate plan with profile),
▪signing and striping plan (may be on sheets included in street improvement
plan),
▪lighting (on-site lighting may be included in on-site improvement plan or may
be on a separate stand-alone plan),
▪grading (may be incorporated with on-site improvement plan),
Packet Page. 467
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 20 of 25
5
2
5
1
▪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 (city standard block)
satisfactory to the City Engineer or his designee can be found on the City Web Site
http://www.sbcity.org/city_hall/public_works/engineering_division/engineering_d
evelopment_resources Engineering conditions of the project shall be inserted in the
last pages of the plans.
c) After completion of plan checking, final mylar drawings with city standard block,
stamped and signed by the Registered Civil Engineer in charge, shall be submitted
to the City Engineer for approval.
d) Copies of the City’s 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/city_hall/public_works/engineering_division/design_policy
_and_procedure_documents .
32. Traffic Requirements
a) All Traffic measures shall be implemented according to the recommendations of
the City Traffic Engineer prior to Street Improvement plan approval.
b) All Public Works offsite items shall be shown with the Conditions of Approval on
the last pages of Public Works Offsite Plans.
c) Fair Share Fees shall be paid prior to issuance of permit.
d) The developer submitted a traffic scope approval form and a Vehicles Miles
Traveled (VMT) assessment. All reports were approved.
33. Required Engineering Permits
a) Grading permit (LD).
b) On-site improvements construction permit (LD) (except buildings - see
Development Services-Building Division), including landscaping.
Packet Page. 468
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 21 of 25
5
2
5
1
c) WQMP/Hydrology (THR).
d) Lot merger (LM).
e) Off-site improvement construction permit. (E).
f) CFD/Street Dedication permit (RP).
34. Applicable Engineering Fees
a) All plan checks, 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
35. Integrated Solid Waste Management
a) During demolition and/or construction, services are to be provided through the City
of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc.
b) The undated Site Plan identifies:
The project site is located: W 18xx 19xx Rialto Avenue sec Rancho Avenue
behind gas station.
Project Description: Construct a truck terminal.
Comments: The Site Plan dated 6/9/23 identifies a single trash enclosure located
along the west property line. Enclosure dimensions are 9.17' X 15.33'. It is accessed
by a 93-foot-wide truck maneuvering area.
Based upon the information provided, the project meets or exceeds Burrtec's
minimum requirements for trash enclosure location, size, and accessibility. Burrtec
will therefore provide standard commercial collections services for trash and
mixed recyclables.
Any changes to the overall project design, enclosure specifications or location, or
access may adversely impact Burrtec's ability to service the project. Any design
modifications that could impact Burrtec's service will be subject to review and
approval by Burrtec.
Burrtec's review of this project is limited to determining whether it meets Burrtec's
minimum standards for waste and recycling collection services. Any comments or
approvals by Burrtec are limited to these minimum standards as they relate to our
Packet Page. 469
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 22 of 25
5
2
5
1
equipment and personnel and do not pertain to the project's compliance with
applicable federal, state, and local land use and environmental laws, building codes
or other applicable government regulations. Any approvals by Burrtec do not
warrant or represent that Burrtec accepts any liability relative to the performance
of waste and recycling collection services within this project.
Burrtec's review of this project is limited to determining whether it meets Burrtec's
minimum standards for waste and recycling collection services. Any comments or
approvals by Burrtec are limited to these minimum standards as they relate to our
equipment and personnel and do not pertain to the project's compliance with
applicable federal, state, and local land use and environmental laws, building codes
or other applicable government regulations. Any approvals by Burrtec do not
warrant or represent that Burrtec accepts any liability relative to the performance
of waste and recycling collection services within this project.
End of Burrtec Waste Comments.
c) Construct at a minimum a City Standard Plan 508 Refuse Enclosure and meet or
exceed the minimum 8’-0”x 15’-0” clear interior dimensions required for the
container storage area. Modified refuse enclosures shall be reviewed and approved
by the Public Works Department, the Building and Safety Division, and Burrtec
Waste.
d) Contact the Building & Safety Division to determine if any ADA accessibility
modifications must be made to the refuse enclosure. Modifications made to refuse
enclosures to meet ADA accessibility requirements shall not decrease the minimum
clear interior dimensions needed for the container storage area.
e) Refuse enclosures within five (5) feet of combustible construction shall install an
automatic fire sprinkler as approved by the Building & Safety Division and the San
Bernardino County Fire Department. (See City Standard Plan 508)
f) Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its
lowest point, with minimal front protrusions that can be damaged during container
servicing and must extend over any open side or the rear of the refuse enclosure by
at least six (6) inches or as approved by the City.
g) Burrtec Waste Truck Turning Radius – All corners and intersections on streets and
driveways leading to refuse enclosures shall have a turning radius adequate for a
35-foot long, three-axle collection truck. Collection trucks require a minimum 23-
foot interior curb return radius to make a minimum 28-foot turn. The minimum
outside curb radius shall be at least 42 feet. All streets and driveways shall comply
with applicable City standards. Burrtec Waste’s Truck Turning Radius template
may be obtained from the Public Works Department in PDF and CAD.
Packet Page. 470
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 23 of 25
5
2
5
1
h) Vertical and Horizontal Clearances – The minimum vertical clearance for
collection trucks along the entire route to the refuse enclosure is fifteen (15) feet.
The minimum vertical clearance in front of the refuse enclosure where the truck
will empty the container shall be twenty-six (26) feet. The clear height shall be free
of building overhangs, trees, and utility lines. The minimum horizontal clearance
along the entire route to an enclosure is 12 feet.
i) Hammerhead Turnarounds shall meet or exceed San Bernardino County Fire
Protection District Standard Number A-1 Diagram A-1.12: Hammerhead
Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail
may be obtained from the City Public Works Department.
j) Tenants/Businesses involved in the production, manufacture, distribution, or sale
of food products shall participate in a food waste recycling program per Assembly
Bill 1826. This will require additional container(s) for food waste.
k) If gated, access shall be provided by means of a key, code, or remote.
l) Assembly Bill 341 Mandatory Commercial Recycling may apply.
m) Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply.
n) Upon completion, service is provided through the City of San Bernardino’s
franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino,
CA 92408 (909) 804-4222.
Packet Page. 471
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 24 of 25
5
2
5
1
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 21st day of August, 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 472
Resolution No. 2024-182
Resolution No. 2024-182
August 21, 2024
Page 25 of 25
5
2
5
1
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. 2024-182, adopted at a regular meeting held on the 21st day of August 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this __ day of ___ 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 473
Packet Page. 474
Packet Page. 475
Packet Page. 476
Packet Page. 477
Packet Page. 478
Packet Page. 479
Packet Page. 480
Packet Page. 481
Packet Page. 482
Packet Page. 483
Packet Page. 484
Packet Page. 485
Packet Page. 486
Packet Page. 487
Packet Page. 488
Packet Page. 489
Packet Page. 490
Packet Page. 491
Packet Page. 492
Packet Page. 493
Packet Page. 494
Packet Page. 495
Packet Page. 496
Packet Page. 497
Packet Page. 498
Packet Page. 499
Packet Page. 500
Packet Page. 501
Packet Page. 502
Packet Page. 503
Packet Page. 504
2
2
5
7
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development & Housing
Department:Community Development & Housing
Subject:Specific Plan Amendment 23-02 and Conditional Use
Permit Revision 23-11 (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2024-183 of the Mayor and City Council of the City of San
Bernardino, California, considering an Environmental Impact Report, making
Responsible Agency Findings, and adopting a Statement of Overriding
Considerations, Mitigation Monitoring and Reporting Program, and an
Addendum to the Environmental Impact Report (Attachment 1); and
2. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1641 of the Mayor and City Council of the City of San Bernardino, California,
approving Specific Plan Amendment 23-02 amending the CalMat/Cajon Creek
Specific Plan Design Guidelines governing mining depths and areas within the
City of San Bernardino Areas K, L, M, and N (Attachment 6); and
3. Adopt Resolution No. 2024-184 of the Mayor and City Council of the City of San
Bernardino, California, approving Conditional Use Permit Revision 23-11
amending Conditional Use Permit 91-31/Reclamation Plan allowing the
consolidation of the City’s Reclamation Plan with an updated Amended
Reclamation Plan to allow for the continuation of an aggregate mining operation
within the San Bernardino County Area Q and City of San Bernardino Areas K,
L, M, and N on a project site containing approximately 530.5 acres located
southwest of Cajon Boulevard between Institution Road to the north and Devils
Creek Diversion Channel to the south within Specific Plan – CalMat/Cajon
Creek Industrial Extractive and Industrial Light zone designations (Attachment
8); and
4. Schedule the adoption of the Ordinance for the regularly scheduled meeting of
the Mayor and City Council on September 4, 2024.
Packet Page. 505
2
2
5
7
Executive Summary
With respect to the proposal for Specific Plan Amendment 23-02 and Conditional Use
Permit Revision 23-11, the proposed project will maintain and allow the continuation of
an existing authorized aggregate (sand and gravel) mining operation within the City
and County of San Bernardino’s jurisdictions in accordance with the Surface Mining
and Reclamation Act (SMARA).
Background
On May 10, 1993, the City of San Bernardino approved the CalMat/Cajon Creek
Specific Plan 90-01 that is a comprehensive planning and zoning document
encompassing approximately 1,392 acres that authorized aggregate (sand and gravel)
mining and related uses, industrial uses and open space; and Conditional Use Permit
91-31/Reclamation Plan that authorized mining and processing operations at the Cajon
Creek Quarry on approximately 298 acres comprised of Areas L, M, and N, certified
an Environmental Impact Report (California State Clearinghouse
No. 1990020908/1993104312) for the CalMat/Cajon Creek Specific Plan and adopted
the Mitigation Monitoring and Reporting Program.
On January 22, 1998, the City of San Bernardino approved the sequential development
of the aggregate plant and the hot‐mix asphalt plant under Development Permit Type
II 97-24.
On September 3, 2020, the County of San Bernardino approved a Zone Change,
Conditional Use Permit and Reclamation Plan (PROJ-2019-00073) for mineral
extraction in the area immediately south of the Cajon Creek Quarry known as Area Q
to provide additional materials for ongoing operations at the Cajon Creek Quarry,
certified an Environmental Impact Report (California State Clearinghouse No.
2020010528) for Area Q, and adopted the Mitigation Monitoring and Reporting
Program.
On November 15, 2023, the City of San Bernardino, County of San Bernardino and
Vulcan Materials Company – Western Division entered into a Memorandum of
Understanding to agree and concur that the County of San Bernardino shall act as the
Surface Mining and Reclamation (SMARA) and California Environmental Quality Act
(CEQA) Lead Agency in accordance with State Law for the purposes of facilitating the
processing of their independent entitlements, and consolidation of two (2) existing
surface mining and processing operations under a single reclamation plan.
On May 23, 2024, the County of San Bernardino adopted the Addendum to the 1993
Cajon Creek Quarry Environmental Impact Report (EIR) and the 2020 Area Q EIR, and
approved revision to the Area Q Quarry Mining Conditional Use Permit and combine
and amend the Cajon Creek Quarry Reclamation Plan for Areas K, L, M, and N
(MMRA-202300002).
On June 12, 2024, the Development and Environment Review Committee (DERC) of
the City of San Bernardino recommended that Specific Plan Amendment 23-02 and
Packet Page. 506
2
2
5
7
Conditional Use Permit Revision 23-11 move to the Planning Commission for
consideration.
On July 9, 2024, the Planning Commission, by a vote of 9-0, adopted Resolution No.
2024-024 forwarding a recommendation that the Mayor and City Council (Attachment
10):
1. Approval of Specific Plan Amendment 23-02 and Conditional Use Permit
Revision 91-31/Reclamation Plan and the CalMat/Cajon Creek Specific Plan’s
Design Guidelines governing mining depths and areas; and, allow the
consolidation of the City’s Reclamation Plan with an updated amended
Reclamation Plan allowing for the continuation of aggregate mining operation
within the San Bernardino County Area Q and the City of San Bernardino
County Areas K, L, M, and N on a project site containing approximately 530.5
acres located southwest of Cajon Boulevard between Institution Road to the
North and Devils Creek Diversion Channel to the South within the Specific Plan
– CalMat/Cajon Creek Industrial Extractive and Industrial Light zone; and
2. Consider the Addendum to the Final Environmental Impact Report.
On August 9, 2024, a notice of the August 21, 2024 public hearing for the Mayor and
City Council's consideration of this proposed Ordinance was published in The San
Bernardino Sun newspaper on August 9, 2024, and was mailed to property owners
and occupants of property within a 1,000 foot radius of the project site and interested
parties in accordance with Development Code Chapter 19.52 (Hearings and Appeals)
(Attachment 14).
Discussion
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future
development within the City. The proposed project is in compliance with General Plan
Element Chapter 12 (Natural Resources and Conservation) where the following goal
and policies align with mineral resources and extraction of those resources to meet the
needs of the area:
✓General Plan Goal 12.4 - Properly manage designated areas for mineral
extraction to meet the needs of the area.
✓General Plan Policies 12.4.1 - Continue to document current extraction sites,
including sand and gravel quarries, including the status and duration of existing
permits and approvals.
✓General Plan Policies 12.4.5 - Require that the operation and reclamation of
surface mines be consistent with the State Surface Mining and Reclamation Act
(SMARA) and the Development Code.
With respect to the proposal for Specific Plan Amendment 23-02 and Conditional Use
Permit Revision 23-11, the proposed project will maintain the existing mining operation
and utilize the significant amount of on-site mineral resources that have been
Packet Page. 507
2
2
5
7
designated by the State, in such a manner at to be compatible with adjacent land uses.
Through the incorporation of mitigation measures and conditions of approval that will
protect the existing operation and surrounding land uses, mineral extraction and
processing activities will continue to be regulated and maintained in accordance with
SMARA. Therefore, the proposed project is in compliance with the Specific Plan and
Development Code requirements, and the City’s General Plan goals and policies.
Setting & Site Characteristics
The project site is southwest of Cajon Boulevard between Institution Road to the north
and Devils Creek Diversion Channel to the south. The general project vicinity consists
of industrial developments, undeveloped land, and residential neighborhood
(Attachments 12 and 13).
The project site consists of the currently active Cajon Creek Quarry in Areas L, M, and
N, and vacant land (to be developed for mining) in areas K and Q. The site currently
includes existing mine pits and mining operations, aggregate and hot‐mix asphalt
processing plants, and associated infrastructure (e.g., conveyors, internal haul roads,
perimeter berms, etc.). The site is located on a broad alluvial fan with a gentle
southeastern slope that extends southeast from the base of the San Bernardino
Mountains and is underlain by alluvial fan deposits and older wash deposits.
Disturbances on-site are primarily due to the historic mining activities, and residential
developments. Hydrologically, the project site is within the upper Santa Ana River
drainage basin Runoff from the San Bernardino Mountains flows in several small
streams, Lytle Creek, Cajon Creek and the Santa Ana River. Subsurface conditions at
the Cajon Creek quarry are alluvial wash sediments consisting of predominantly dense
silty sands and gravels. The existing topography immediately surrounding the Quarry
is generally flat. Foothills of the San Bernardino Mountains are located approximately
3.0 miles to the northeast, and foothills of the San Gabriel Mountains are located
approximately 4.0 miles to the northwest of the Quarry. The undeveloped Cajon Creek
and Lytle Washes are located just west of the Quarry. Elevation on-site ranges from
approximately 1,654‐feet above mean sea level (amsl) near street grade to 1,495‐feet
amsl at the bottom of the quarries.
Table 1 below provides a summary of the surrounding land use characteristics of the
subject site and surrounding properties.
LOCATION LAND USE ZONE GENERAL PLAN
DESIGNATION
Site
Mining, Vacant
Land, and
Residential
City of San Bernardino
Specific Plan –
CalMat/Cajon Creek (SP-
CC) Industrial Extractive
County of San Bernardino
– Community Industrial
City of San Bernardino
Specific Plan
County of San
Bernardino General
Industrial
North
Undeveloped Land
and Industrial
Development
City of San Bernardino
SP-CC
City of San Bernardino
Specific Plan
Packet Page. 508
2
2
5
7
South Muscoy/Residential
Neighborhoods
County of San Bernardino
MS/FW/Residential
(MS/RS-1), City of San
Bernardino Residential
Suburban
County of San
Bernardino Public
Facility – PF/Very Low
Density Residential
VLDR/ City of San
Bernardino Residential
West
Undeveloped
Land/Cajon
Wash/Lytle Creek
County of San Bernardino
MS/RS-1/FW Public Facility
East Industrial Facilities Industrial Light Industrial
Analysis
The City’s portion of the proposed project is located within the CalMat Cajon Creek
Specific Plan (SP-CC) Industrial Extractive zone. In accordance with Chapter 19.68
(Surface Mining and Land Reclamation), the SP-CC allows for extraction of mineral
resources subject to the approval of a Conditional Use Permit and Reclamation Plan.
Project-specific Conditions of Approval, and a Mitigation Monitoring and Reporting
Program (MMRP) have been included as part of the proposed project.
The project applicant and operator (Vulcan Materials Company – Western Division)
currently operates two (2) separate and adjacent aggregate surface mining and
processing operations. The existing Cajon Creek Quarry, comprised of operational
Areas K, L, M, and N lies entirely within the City of San Bernardino’s CalMat/Cajon
Creek Specific Plan (SP-CC), and the Area Q Quarry is located within the
unincorporated portion of San Bernardino County. The applicant has operated these
adjacent facilities under two (2) separate entitlements and reclamation plans, one
approved by the City in 1993 for the Cajon Creek Quarry (Areas L, M and N), and the
other approved by the County in 2020 for the Area Q Quarry.
Vulcan now seeks amendments to the mining entitlements and to consolidate the
Cajon Creek Quarry and the Area Q Quarry into one surface mining operation, referred
to as the Cajon Creek Consolidated Quarry, under a single Reclamation Plan as
recommended by the State Department of Conservation. The City and County of San
Bernardino have agreed that the County will act as the lead agency pursuant to the
Surface Mining and Reclamation Act (SMARA) for purposes of the consolidated and
amended reclamation plan and lead agency under the California Environmental
Quality Act (CEQA), while each jurisdiction maintains permitting authority for the
proposed amendments to the existing operations and entitlements within its respective
jurisdiction.
Therefore, the proposed project proposes changes to the existing operations and
entitlement including the following:
1. Mining in Area K, currently designated for light industrial use, to a depth of 240
feet below ground surface (“bgs”);
2. Mining in Areas L, M and Q to a depth of 240 feet bgs, an increase from the
currently permitted 120 feet bgs;
Packet Page. 509
2
2
5
7
3. Mining in the northern portion of Area N, currently designated for mineral
processing, to a depth of 120 feet bgs, followed by mineral processing in Area
N as Area M is mined to the 240-foot bgs depth; and
4. Mining the resources located between Areas K, L, and Q in one mining area,
and M and N in another, creating two consolidated mining pits for efficient
mineral resource recovery
Mining
Mining operations are proposed to take place on approximately 410.2 acres of the
530.5-acre parcel. No excavation of material, topsoil or subsoil will take place within
25‐ to 50‐feet of any adjacent public right‐of‐way (e.g., Southern Pacific Railroad tracks
[SPRR], Cajon Boulevard, etc.) or within 50‐feet from other property lines adjacent to
property not owned by Vulcan as previously approved. Excavation will also be setback
a minimum of 50‐feet from Devil Creek Diversion Channel to the south. There are
existing topsoil/subsoil and overburden storage berms along the eastern boundary of
Area K and along the southern boundary of Area Q. These berms act as buffers
between existing mining areas and the Devil Creek Diversion Channel/residential
community of Muscoy the south, as well as Cajon Boulevard and industrial areas to
the east. These existing berms, which have been constructed within the existing
setback areas, will remain throughout the life of the mining operations to act as noise
and visual barriers/buffers.
The mined material will continue to be processed and shipped from Vulcan’s existing
permitted locations, including the Area M aggregate plant and the Area N hot‐mix
asphalt plant. Initially, the existing and ongoing mining at Cajon Creek Quarry will
continue to progress in Area L down to the target depth of 240‐feet below ground
surface (bgs), followed by mining in adjoining Area K in the same manner to the same
depth. After the material extraction in Area L and Area K is completed (i.e., reaches
the target depth of 240‐feet bgs), consistent with the existing Specific Plan/City
approvals, import and filling of certain portions of the existing excavation pits with
clean/inert fill may occur. Following mining in Areas K and L, mining operations would
continue to be conducted by extracting materials in the remaining pits, with overall
progression from the consolidated pit formed by Area L, K and Q, followed by mining
in Areas M and N. The area between Areas K, L, and Q would be mined. In the
combined Area K, L, and Q pit, mining would take place as product demand and
material quality dictates. An estimated 1.3 to 3.1 million tons/year of aggregates would
be excavated annually with an estimated total of 144.1 million tons of aggregate mined
over the course of the 70-year life of the mine.
Excavators and scrapers would be used to advance the pit floor downward to the final
depth of 240‐feet bgs, while maintaining the appropriate side slope configuration, with
final reclaimed side slopes of a maximum 2H:1V (horizontal to vertical) gradient or
flatter. Similarly, the area between Areas M and N east of the SPRR tracks would be
mined to form a single pit combining Areas M and N. The combined Area M and Area
N pit would also be excavated to a final depth of 240‐feet bgs in Area M, while the
northern portion of Area N would only be mined to a depth of approximately 120‐feet
bgs, leaving a partial interior cut slope between the common boundary with Area M.
Packet Page. 510
2
2
5
7
The processing plant will remain in the Area M pit floor until other reserves have been
exhausted in Areas K, L, Q, and N. At this point, the processing plant(s) would be
dismantled and removed from Area M, so that the material located beneath the
processing plant(s) can be accessed and excavated. The existing hot‐mix asphalt plant
currently within Area N would also be dismantled and removed from the site prior to
mining Area N. Finally, a portable processing plant would also be installed in Area N
pit such that the material from beneath the current processing plant(s) in Area M can
be extracted and processed onsite. The finished reclaimed slopes will be at a profile of
2H:1V (horizontal to vertical) or flatter.
As part of final reclamation, once surface grading is complete, the topsoil and subsoil
stored in the perimeter/buffer berms will be moved and spread out onto the finished
back-fill surface to aid in reestablishment of the topsoil profile in preparation for re-
vegetation. Hours of operation will remain the same as they currently are at the Cajon
Creek and Area Q quarries. Additionally, the number of onsite employees will remain
consistent with the existing number of employees; however, consistent with existing
operations, the exact number of onsite employees may fluctuate slightly with seasonal
demand.
Reclamation
The Cajon Creek Consolidated Quarry Mine Reclamation Plan (Attachment 11) details
the methods and procedures to be employed to reclaim all mining-related disturbed
areas (478.2 acres) as shown in the Reclamation Plan Map. As with all surface mines
subject to California’s Surface Mining and Reclamation Act of 1975, Public Resources
Code Section (PRC) 2710 et seq. and California Code of Regulations Section 3500 et
seq. (SMARA), a monitoring program and financial assurances will be required to
ensure reclamation is completed in accordance with the approved Cajon Creek
Consolidated Quarry Reclamation Plan. Reclamation is designed to diminish
environmental impacts from mining operations by reclaiming the site into a beneficial,
usable, post-mining condition. End uses include open space/habitat or re-establishing
the prior land use. Mining features and all disturbed areas will be reshaped and
revegetated to minimize aesthetic and biological impacts and to eliminate hazards to
public health and safety.
Reclamation of the Cajon Creek Consolidated Quarry will be undertaken at the
completion of mining operations. The Cajon Creek Consolidated Quarry Reclamation
Plan is based on the proposed final reclamation design of 120‐feet to 240‐feet bgs
mining pit floors, and stable side slopes with a maximum gradient of 2:1 (H:V), for use
as open space. An updated Geotechnical Evaluation of the site was performed by
Haley & Aldrich in 2022, which analyzed the mining/reclamation design of the
consolidated pits (Haley & Aldrich, 2022). It is estimated that mining activities will
terminate by (approximately) the end of 2093, depending upon market demand. Final
site reclamation and revegetation is estimated to take approximately two years to
complete following termination of mining (i.e., estimated to be completed by 2095).
Revegetation monitoring is anticipated to require an additional three (3) years, with
final site reclamation completed around 2098.
Packet Page. 511
2
2
5
7
Once mining operations are complete, the final reclaimed site will remain 120‐ to
240‐foot pits with stable 2H:1V side‐slopes. As necessary to achieve the design 2H:1V
pit wall reclaimed slopes, and to prepare the site for revegetation, minimal
regrading/re‐contouring may be required. The reclaimed side‐slopes will be stabilized
through revegetation via hydroseeding to reestablish native vegetation within the
reclaimed site. Following cessation of mining and processing operations, the
aggregates processing plant and hot‐mix asphalt plant, along with ancillary structures
and equipment, would be decommissioned and removed from the site. Additionally,
other temporary structures, such as the conveyor system connecting to processing
plant(s) and ancillary facilities or a portable plant that would be used periodically within
Areas M and N, will also be dismantled and removed during final reclamation. All onsite
mobile equipment (e.g., loaders, dozers, scrapers, water truck, etc.) will be removed
following the completion of reclamation activities. Any residual wastes (debris,
revegetation materials, etc.) will also be removed and properly disposed of in
accordance with applicable health and safety regulations and/or local ordinances. Any
stockpiles or process fines or tailings remaining onsite would be spread throughout the
reclamation areas prior to revegetation.
Revegetation Plan
The revegetation plan is based on proposed final reclamation for the eastern pit
comprised of Areas K, L, and Q, and the western pit comprised of Areas M and N,
which have respective 240‐foot‐deep mining pit floors, except for the northern portion
of Area N which would be excavated to a target depth of 120‐feet bgs, and stable side
slopes. Both pits will have final reclaimed side slope gradients of 2H:1V or flatter. The
proposed final reclamation design for the site will create land suitable for a proposed
end use as open space. The proposed revegetation seed mix includes a large
percentage of native grassland species. Following completion of mining operations,
the following typical sequence of revegetation activities will be undertaken:
•Re‐contouring of planting areas, if necessary;
•Control of invasive weeds;
•Placement of topsoil and subsoil;
•Installation of temporary irrigation systems, if necessary;
•Installation of erosion control devices;
•Planting and seeding;
•Maintenance and monitoring; and
•Reporting.
Revegetation of the Cajon Creek Consolidated Quarry would be achieved by using a
combination of site preparations, seeding activities, and ongoing maintenance
procedures. The revegetation plan prepared for the site, which is presented below,
generally addresses and defines the following components: description of planting
zones, timing, soil preparation, weed control, planting, seeding materials and
techniques, maintenance, implementation monitoring, establishment maintenance,
horticultural monitoring, and biological monitoring. Revegetation activities will be
conducted under the supervision of an experienced revegetation specialist. The
Packet Page. 512
2
2
5
7
revegetation specialist will work closely with Vulcan operations personnel to assure
that revegetation is accomplished according to applicable plans (e.g., City and County
Conditions of Approval, this Reclamation Plan, etc.) and is consistent with revegetation
efforts previously implemented within Area M. Any deviation from the applicable
revegetation plans will be approved by the revegetation specialist prior to
implementation. The revegetation specialist will be onsite during initiation of each
revegetation task (e.g., site preparation, plant installation, seeding, etc.), and work will
be monitored on a regular basis. The revegetation specialist will be required to keep
activity logs to document the work accomplished and any issues encountered. These
logs will be reviewed with the revegetation specialist on a weekly basis. The
revegetation specialist will also prepare field memos to document the progress of
revegetation.
The soils in the areas to be reclaimed will consist of placed layers of topsoil and subsoil,
which will serve as the growing medium for revegetation. The objectives of the soil
preparation are to loosen the soil surface to prepare a seedbed for hydroseeding. Prior
to hydroseeding, the revegetation specialist will review the final contours, hydrology,
and soils composition of the revegetation areas to determine the best locations for the
plantings and to make any appropriate modifications to the overall revegetation plan.
Most of the topsoil and subsoil found onsite has already been removed and is currently
stored within the perimeter berms located along the southern boundary of Area Q and
the eastern boundary of Area K. Materials currently stored within the berms will be
placed onto disturbed areas once mining is complete, to support revegetation. As such,
prior to revegetation, the perimeter berms will be deconstructed, and topsoil/subsoil
spread throughout the areas to be reclaimed and revegetated. Seeds will be sown by
hydroseeding using the same methods currently approved for the Cajon Creek and
Area Q quarries. Hydroseeding will consist of a hydraulic application of a
homogeneous slurry mixture consisting of water, organic soil stabilizer, cellulose wood
fiber, and seed. Once hydroseeded, the revegetation areas will be watered as needed
with a watering truck and/or by hand. Once the plants are established, further artificial
irrigation will not be necessary and will be discontinued. In general, hydroseeding in
revegetation areas will be performed and completed between November 30th and
January 30th of any given calendar year. All efforts will be made to plant during the
time when beneficial temperatures and soil moisture will promote germination,
establishment and growth of seeds and container plants. To ensure that weed species
competition is controlled, the site will be inspected prior to revegetation implementation
by the revegetation specialist. The revegetation specialist will also determine the most
effective treatments for control of invasive species. If weed control activities are
necessary, they will likely include a combination of treatments such as herbicide
application, hand removal, and soil solarization. All weed control activities will be
observed by the revegetation specialist. The revegetation specialist will instruct the
weed eradication personnel in identification of native and weed species.
Mine Waste
Because the majority of the site is an existing and active aggregate mine, the majority
Packet Page. 513
2
2
5
7
of topsoil/subsoil has already been removed and is stored in stockpiles and perimeter
berms for future use during reclamation. Any topsoil and subsoil remaining within
undisturbed areas will be removed as a separate layer prior to mining and stored within
the existing stockpiles and berms, consistent with the current entitlements. Excavated
materials not otherwise used for the production of aggregate products (e.g., tailings,
overburden, sediment, unusable rock), would be handled onsite and placed into the
pits, with exception of minimal topsoil/subsoil stored within the berms, which would be
spread over disturbed areas as a revegetation growth medium. Any stockpiles or
process fines or tailings remaining onsite would be spread throughout the reclamation
areas prior to revegetation.
Consistent with the existing land use approvals, importing and filling certain portions of
the existing excavation pits with clean/inert fill could raise portions of the final in‐pit
grade. Additionally, process fines or other unusable materials may also be placed back
into the excavation areas as needed in support of reclamation. Lastly, the existing
bermed material is anticipated to be spread across the excavation areas to help
facilitate revegetation efforts. Vulcan would continue to utilize the established import
materials screening protocol to ensure any materials placed back into the excavation
pits meet quality criteria.
Ore Processing
Aggregate will continue to be mined using existing onsite mobile equipment
(excavators, loaders, dozers, etc.). Extracted materials will continue to be transferred
via the existing onsite conveyor infrastructure. The mined material will continue to be
processed and shipped from Vulcan’s existing permitted locations, including the Area
M aggregate plant and the Area N hot‐mix asphalt plant currently approved under
Conditional Use Permit 91‐31 and Development Permit Type II 97‐24. Mine materials
extracted from the Cajon Creek Consolidated Quarry will continue to be transported
via onsite conveyors to Vulcan’s permitted processing facilities. From there, the
processed aggregate and asphalt would continue to be loaded into on‐road haul trucks
and transported offsite to Vulcan’s other facilities or customers throughout the San
Bernardino County region.
Truck Traffic and Dust Control
Vehicles will continue to access the Cajon Creek Consolidated Quarry using the
existing access roads off Institution Road and Cajon Boulevard. These access points
will continue to serve as the ingress and egress points for employees, haul trucks, and
other work vehicles; however, other than local third‐party deliveries, haul trucks would
not enter or exit the site via Cajon Boulevard. Existing security gates with the required
signage will continue to be maintained on the access roads at the boundary of the site
and locked during non‐working hours. Furthermore, the City’s Traffic Engineer
reviewed the project and determined that further analysis was not required due to the
fact that the project was previously analyzed, will maintain existing mitigation measures
as outlined in the MMRP, and will maintain primary circulation within the existing
internal roadways of the project site.
Packet Page. 514
2
2
5
7
The Project is within the jurisdiction of the South Coast Air Quality Management District
(SCAQMD). The SCAQMD Rule 403 (Fugitive Dust) and Rule 1157 (PM10 Emission
Reductions from Aggregate and Related Operations) prescribe measures for the
management of windblown dust and are incorporated in the project’s Conditions of
Approval.
Noise and Vibration
The existing berms have been allowed to naturally revegetate and will continue to
provide visual screening/noise buffers between mining operations and nearby
residential and industrial developments throughout the life of operations at the Cajon
Creek Consolidated Quarry.
Aesthetics
The large size of the pit and slope, along with revegetation requirements will have an
end result with minimal aesthetic disturbance upon reclamation sign-off.
Water Production
During operations, water will continue to primarily be utilized for dust control, and for
material washing within the aggregate plant. As needed, minimal quantities will also
continue to be used to irrigate existing perimeter landscaping. The existing water well
and 15,000‐gallon water tank, both located within Area M, will continue to supply water
to the site. An additional water supply well that would draw from the Bunker Hill
Subbasin may also be drilled onsite at a future date. Water for dust suppression and
landscaping will continue to be transported throughout the site via a mobile water truck.
The quantity of water to be used at the consolidated site is expected to remain the
same as what is currently used as part of Vulcan’s existing onsite operations. Because
the annual production rate and footprint of the existing site would not change or
increase, there also will be no change in annual water use as a result of the
consolidation of the Cajon Creek and Area Q quarries. Water from the existing Area M
well and future supply well will continue to be used for materials washing, dust control,
landscaping, and reclamation activities.
Hours of Operation
Site operations will be conducted as needed intermittently primarily from 6:00 a.m. until
10:00 p.m., Monday through Saturday, consistent with the existing entitlements
approved previously by the City and County. Onsite operations will continue to be
limited to a 12‐hour period within the applicable hours of operation. All refuse shall
continue to be disposed of into approved trash bins and removed by the operator or a
commercial vendor.
California Environmental Quality Act (CEQA)
On May 10, 1993, the Mayor and City Council certified the Final Environmental Impact
Report (California State Clearinghouse No. 1990020908 and 1993104312) and
adopted the Mitigation Monitoring and Reporting Program for the CalMat/Cajon Creek
Specific Plan that included mining (Specific Plan 90-01 and Conditional Use Permit 91-
31/Reclamation Plan). Subsequently, on September 3, 2020, the County of San
Packet Page. 515
2
2
5
7
Bernardino certified the Final Environmental Impact Report (California State
Clearinghouse No. 2020010528) and the Mitigation Monitoring and Reporting Program
for Area Q, allowing mining. In accordance with Section 15164 (Addendum to an EIR)
of CEQA, an Addendum was prepared to re-evaluate the potential environmental
impacts (Attachment 1). The proposed project will introduce no new significant
environmental impacts beyond those previously analyzed in the previous 1993 and
2020 Final EIRs (Attachment 1), and all mitigation measures previously adopted,
Mitigation Monitoring and Reporting Program, and the Addendum are included for this
project.
2021-2025 Strategic Targets and Goals
Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23-11 aligns
with Key Strategic Goal 4, Economic Growth and Development. Mineral deposits are
important to many industries, including construction and transportation. The value of
mineral deposits is enhanced by their close proximity to urban areas. However, these
mineral deposits are endangered by the same urbanization that enhances their value.
The non-renewable characteristic of mineral deposits necessitates careful and efficient
development to prevent the unnecessary waste of these deposits due to careless
exploitation and uncontrolled urbanization. Management of these mineral resources
will protect not only future development of mineral deposit areas but will also guide the
exploitation of mineral deposits so that adverse impacts caused by mineral extraction
will be reduced or eliminated. Mineral extraction is an important component of San
Bernardino’s economy. In 1975, the State legislature adopted the Surface Mining and
Reclamation Act (SMARA). The proposed project site is one of those areas designated
as having a significant mineral deposit that meets the State criteria for value and
marketability. The proposed project will aim at ensuring that the mineral deposits are
extracted to provide a resource for future development and ensure that such deposits
are extracted safely.
Fiscal Impact
There is no financial impact associated with this item.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2024-183 of the Mayor and City Council of the City of San
Bernardino, California, considering an Environmental Impact Report, making
Responsible Agency Findings, and adopting a Statement of Overriding
Considerations, Mitigation Monitoring and Reporting Program, and an
Addendum to the Environmental Impact Report (Attachment 1); and
2. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1641 of the Mayor and City Council of the City of San Bernardino, California,
approving Specific Plan Amendment 23-02 amending the CalMat/Cajon Creek
Specific Plan Design Guidelines governing mining depths and areas within the
City of San Bernardino Areas K, L, M, and N (Attachment 6); and
Packet Page. 516
2
2
5
7
3. Adopt Resolution No. 2024-184 of the Mayor and City Council of the City of San
Bernardino, California, approving Conditional Use Permit Revision 23-11
amending Conditional Use Permit 91-31/Reclamation Plan allowing the
consolidation of the City’s Reclamation Plan with an updated Amended
Reclamation Plan to allow for the continuation of an aggregate mining operation
within the San Bernardino County Area Q and City of San Bernardino Areas K,
L, M, and N on a project site containing approximately 530.5 acres located
southwest of Cajon Boulevard between Institution Road to the north and Devils
Creek Diversion Channel to the south within Specific Plan – CalMat/Cajon
Creek Industrial Extractive and Industrial Light zone designations (Attachment
8); and
4. Schedule the adoption of the Ordinance for the regularly scheduled meeting of
the Mayor and City Council on September 4, 2024.
Attachments
Attachment 1 Resolution No. 2024-183 (Responsible Agency Action)
Attachment 2 Resolution No. 2024-183 (Responsible Agency Action),
Exhibit A – Addendum to the Final Environmental Impact
Report
Attachment 3 Resolution No. 2024-183 (Responsible Agency Action),
Exhibit B - Environmental Impact Report CalMat/Cajon
Creek Specific Plan Project California State
Clearinghouse No. 1990020908/1993104312)
Attachment 4 Resolution No. 2024-183 (Responsible Agency Action),
Exhibit C – Environmental Impact Report for Area Q
California State Clearinghouse No. 2020010528)
Attachment 5 Resolution No. 2024-183 (Responsible Agency Action),
Exhibit D – Environmental Findings and Mitigation
Monitoring and Reporting Program
Attachment 6 Ordinance No. MC-1641 (Approving Specific Plan
Amendment 23-02)
Attachment 7 Ordinance No. MC-1641 (Approving Specific Plan
Amendment 23-02), Exhibit A – Plans
Attachment 8 Resolution No. 2024-184 (Approving Conditional Use Permit
Revision 23
Attachment 9 Resolution No. 2024-184 (Approving Conditional Use Permit
Revision 23-11, Exhibit A – Plans
Attachment 10 Planning Commission Resolution No 2024-024 (Ratified
Resolution)
Attachment 11 Cajon Creek Consolidated Quarry Mine Reclamation Plan
Attachment 12 Aerial Map
Attachment 13 Location/Zoning Map
Attachment 14 Newspaper Publication
Attachment 15 Power Point
Ward:
Packet Page. 517
2
2
5
7
Sixth Ward
Synopsis of Previous Council Actions:
None
Packet Page. 518
Resolution No. 2024-183
Resolution 2024-183
August 21, 2024
Page 1 of 6
5
0
2
2
RESOLUTION NO. 2024-183
A RESOLUTION OF THE CITY OF SAN BERNARDINO
CONSIDERING AN ENVIRONMENTAL IMPACT
REPORT, MAKING RESPONSIBLE AGENCY FINDINGS,
AND ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS, MITIGATION MONITORING AND
REPORTING PROGRAM, AND AN ADDENDUM TO THE
ENVIRONMENTAL IMPACT REPORT FOR THE CAJON
CREEK CONSOLIDATION PROJECT
WHEREAS, in 1993 the City of San Bernardino (“City”), as lead agency, prepared and
certified the 1993 CalMat Cajon Creek Specific Plan (SP No. 90-01, et al.) (“1993 EIR”) and
approved the Cajon Creek Specific Plan (“Specific Plan”). The City reviewed, studied and found
by the City Council that the Specific Plan and the EIR comply with the California Environmental
Quality Act (“CEQA”) (Public Resources Code, § 21000 et seq. and California Code of
Regulations, title 14, § 15000 et seq.); and
WHEREAS, on May 10, 1993, the City also adopted Environmental Findings, a
Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations
pursuant to CEQA; and
WHEREAS, the Specific Plan is a comprehensive planning and zoning document
encompassing approximately 1,392 acres that authorized aggregate (sand and gravel) mining and
related uses, industrial uses, and open space. The Specific Plan is divided into 16 individual
planning areas denominated by letters (Area A through Area P); and
WHEREAS, the Specific Plan, along with associated permits, authorizes mining and
processing operations at the Cajon Creek Quarry (comprising of Areas L, M, and N) on
approximately 298 acres. The Specific Plan also authorizes light industrial uses on Area K,
which are intended, among other things, to screen the eastern boundary of existing mining
operations at the Cajon Creek Quarry; and
WHEREAS, in 2020, the County of San Bernardino, as lead agency, prepared and
certified an EIR for the Area Q Quarry (“2020 EIR”), and found EIR complies with the
California Environmental Quality Act (“CEQA”) (Public Resources Code, § 21000 et seq. and
California Code of Regulations, title 14, § 15000 et seq.); and
WHEREAS, on September 3, 2020, the County of San Bernardino also adopted
Environmental Findings, and a Mitigation Monitoring and Reporting Program pursuant to
CEQA; and
WHEREAS, as mineral production progresses at the Cajon Creek Quarry, Vulcan
Materials Company – Western Division intends to mine in Area Q to provide additional
materials for ongoing operations at the Cajon Creek Quarry; and
WHEREAS, Specific Plan areas (Areas K, L, M, and N) and Area Q are designated by
Packet Page. 519
Resolution No. 2024-183
Resolution 2024-183
August 21, 2024
Page 2 of 6
5
0
2
2
the State of California as deposits of Regional Significance. In California, this designation is the
highest form of recognition for the importance of aggregate deposits; and
WHEREAS, the proposed project involves the operation of two separate and adjacent
aggregate surface mining and processing operations in the City and the County of San
Bernardino. The existing Cajon Creek Quarry is located in the City. The existing Area Q
Quarry is located in the County of San Bernardino. In order to increase the efficiency of
Vulcan’s two mining operations, Vulcan plans to combine these two operations into one quarry
with one Surface Mining and Reclamation Action of 1975 (SMARA) Reclamation Plan. The
consolidation of the Cajon Creek Quarry with the Area Q Quarry is the project (“Project”)
subject to environmental review.
WHEREAS, the Project proposes changes to existing operations and entitlements
including the following:
1. Mining in Area K, currently designated for light industrial use, to a depth of 240 feet
below ground surface (“bgs”);
2. Mining in Areas L, M and Q to a depth of 240 feet bgs, an increase from the currently
permitted 120 feet bgs;
3. Mining in the northern portion of Area N, currently designated for mineral processing,
to a depth of 120 feet bgs, followed by mineral processing in Area N as Area M is mined
to the 240-foot bgs depth; and
4. Mining the resources located between Areas K, L, and Q in one mining area, and M
and N in another, creating two consolidated mining pits for efficient mineral resource
recovery.
WHEREAS, no other changes to the operation are proposed; and
WHEREAS, the County prepared an Addendum to the 1993 EIR and 2020 EIR; and
WHEREAS, the Addendum identified the City as a responsible agency; and
WHEREAS, the purpose of this Resolution is to identify the City as a potential
Responsible Agency; and
WHEREAS, the City has determined that none of the conditions requiring preparation of
a subsequent or supplemental EIR as specified in State CEQA Guidelines section 15162(a) arise
in connection with this modification and that preparation of an addendum to the project EIRs is
appropriate; and
WHEREAS, the City has reviewed the EIRs and Addendum and all other relevant
information regarding the Project; and
WHEREAS, the City, considering the EIRs, Environmental Findings, Mitigation
Monitoring and Reporting Programs, and the Statement of Overriding Considerations, and after
Packet Page. 520
Resolution No. 2024-183
Resolution 2024-183
August 21, 2024
Page 3 of 6
5
0
2
2
evaluating the environmental impacts associated with the Project and the Addendum, has
concluded that none of the conditions requiring preparation of a subsequent or supplemental EIR
have occurred and that an addendum to the project EIRs is appropriate.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Bernardino as follows:
SECTION 1. Findings on EIR and Addendum. As the decision-making body for the
Cajon Creek Consolidation Project and in the City’s limited role as a responsible agency under
CEQA, the City Council has reviewed and considered the information contained in the
Addendum, the EIRs, Environmental Findings, Mitigation Monitoring and Reporting Programs,
and a Statement of Overriding Considerations, and supporting documentation. Based on this
review, the City Council finds that, as to those potential environmental impacts within the City’s
powers and authorities as responsible agency, that the EIRs contain a complete, objective, and
accurate reporting of those potential impacts, that there are no environmental impacts associated
with the modification to the Project stated in the Addendum, and that these findings reflect the
independent judgment and analysis of the City Council. The City Council further finds that the
Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The
Addendum, the Final Environmental Impact Report for the CalMat Cajon Creek Specific Plan,
the Final Environmental Impact Report for the Area Q Quarry, and the Environmental Findings
and Mitigation Monitoring and Reporting Program are attached hereto as Exhibits “A,” “B,”
“C,” and “D” respectively, and are incorporated by reference as if fully set forth herein.
SECTION 2. Compliance with the California Environmental Quality Act. Based on the
Addendum, the EIRs, Environmental Findings, Mitigation Monitoring and Reporting Programs,
the Statement of Overriding Considerations, and all related information presented to the City
Council, the City Council finds that the preparation of a subsequent or supplemental EIR is not
required because the modification specified in the Addendum: (1) does not constitute substantial
changes to the Project that will require major revisions of the 1993 EIR or 2020 EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; (2) does not constitute substantial changes with respect
to the circumstances under which the Project is administered that will require major revisions of
the 1993 EIR or 2020 EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of the previously identified significant effects; and (3) does
not contain new information of substantial importance that was not known and could not have
been known with the exercise of reasonable diligence at the time the 1993 EIR or 2020 EIR was
certified, that shows any of the following: (a) the modification will have one or more significant
effects not discussed in the 1993 EIR or 2020 EIR; (b) significant effects previously examined
will be substantially more severe than shown in the 1993 EIR or 2020 EIR; (c) mitigation
measures or alternatives previously found not to be feasible would in fact be feasible and would
substantially reduce one or more significant effects of the Project, but the City Council declined
to adopt such measures; or (d) mitigation measures or alternatives considerably different from
those analyzed in the 1993 EIR or 2020 EIR would substantially reduce one or more significant
effects on the environment, but which the City Council declined to adopt.
SECTION 3. Findings on Environmental Impacts and Statements of Overriding
Considerations. In its limited role as a responsible agency under CEQA, the City Council finds
Packet Page. 521
Resolution No. 2024-183
Resolution 2024-183
August 21, 2024
Page 4 of 6
5
0
2
2
that there are no feasible alternatives to the proposed Project which would avoid or substantially
lessen the Project’s potentially significant environmental impacts but still achieve most of the
Project’s objectives. The City Council further finds that there are no additional feasible
mitigation measures within the City’s authority which would eliminate or reduce the Project’s
potentially significant impacts to a level of less than significant.
.SECTION 4. Approval of the Project and Addendum. As required by State CEQA
Guidelines Section 15096 and its role as responsible agency under CEQA, the City Council
hereby approves the Cajon Creek Consolidation Project and the Addendum to the same.
SECTION 5. Adoption of Mitigation Monitoring and Reporting Program. The City
Council hereby approves and adopts the Mitigation Monitoring and Reporting Program prepared
for the Project and approved by the County of San Bernardino, and included within its written
Findings.
SECTION 6. Notice of Determination. The Planning Division of the Community
Development and Housing Department is hereby directed to file a Notice of Determination with
the Clerk of the Board of San Bernardino County and the Office of Planning and Research within
five (5) working days of final project approval certifying the City’s compliance with the
California Environmental Quality Act in approving the Project.
SECTION 7. Custodian of Records. The documents and materials that constitute the
record of proceedings on which this Resolution and the above findings have been based are
located at the City of San Bernardino, 290 North D Street, San Bernardino, CA 92401.
SECTION 8. Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 9. Execution of the Resolution. The Mayor of the City of San Bernardino
shall sign this Resolution and the City Clerk shall certify the adoption thereof.
Packet Page. 522
Resolution No. 2024-183
Resolution 2024-183
August 21, 2024
Page 5 of 6
5
0
2
2
APPROVED AND ADOPTED by the City Council and signed by the Mayor
and attested by the City Clerk this 21st day of August, 2024.
________________________________
Helen Tran
Mayor, City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 523
Resolution No. 2024-183
Resolution 2024-183
August 21, 2024
Page 6 of 6
5
0
2
2
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. 2024-183, adopted at a regular meeting held on the 21st day of August 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this __ day of ___ 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 524
Packet Page. 525
Packet Page. 526
Packet Page. 527
Packet Page. 528
Packet Page. 529
Packet Page. 530
Packet Page. 531
Packet Page. 532
Packet Page. 533
Packet Page. 534
Packet Page. 535
Packet Page. 536
Packet Page. 537
Packet Page. 538
Packet Page. 539
Packet Page. 540
Packet Page. 541
Packet Page. 542
Packet Page. 543
Packet Page. 544
Packet Page. 545
Packet Page. 546
Packet Page. 547
Packet Page. 548
Packet Page. 549
Packet Page. 550
Packet Page. 551
Packet Page. 552
Packet Page. 553
Packet Page. 554
Packet Page. 555
Packet Page. 556
Packet Page. 557
Packet Page. 558
Packet Page. 559
Packet Page. 560
Packet Page. 561
Packet Page. 562
Packet Page. 563
Packet Page. 564
Packet Page. 565
ORDINANCE NO. MC-1641
1
5
2
6
8
ORDINANCE NO. MC-1641
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING SPECIFIC PLAN AMENDMENT 23-02
AMENDING THE CALMAT/CAJON CREEK SPECIFIC
PLAN 90-01 DESIGN GUIDELINES GOVERNING MINING
DEPTHS AND AREAS WITHIN THE CITY OF SAN
BERNARDINO AREAS K, L, M, AND N, PURSUANT TO AN
ADDENDUM TO THE FINAL ENVIRONMENTAL IMPART
REPORT.
WHEREAS, on May 10, 1993, the City of San Bernardino approved the CalMat/Cajon
Creek Specific Plan 90-01 that is a comprehensive planning and zoning document encompassing
approximately 1,392 acres that authorized aggregate (sand and gravel) mining and related uses,
industrial uses and open space; and Conditional Use Permit 91-31/Reclamation Plan that
authorized mining and processing operations at the Cajon Creek Quarry on approximately 298
acres comprised of Areas L, M, and N, certified an Environmental Impact Report (California State
Clearinghouse No. 1990020908/1993104312) for the CalMat/Cajon Creek Specific Plan and
adopted the Mitigation Monitoring and Reporting Program; and
WHEREAS, on January 22, 1998, the City of San Bernardino approved the sequential
development of the aggregate plant and the hot‐mix asphalt plant under Development Permit Type
II 97-24; and
WHEREAS, on September 3, 2020, the County of San Bernardino approved a zone
change, conditional use permit and reclamation plan (PROJ-2019-00073) for mineral extraction in
the area immediately south of the Cajon Creek Quarry known as Area Q to provide additional
materials for ongoing operations at the Cajon Creek Quarry, certified an Environmental Impact
Report (California State Clearinghouse No. 2020010528) for Area Q and adopted the Mitigation
Monitoring and Reporting Program; and
WHEREAS, together, Specific Plan Amendment 23-02 and Conditional Use Permit
Revision 23-11 constitute the Cajon Creek Consolidated Quarry Mine Reclamation Plan
(“Project”); and
WHEREAS, Specific Plan Amendment 23-02 is a request to amend the CalMat/Cajon
Creek Specific Plan Design Guidelines governing mining depths and areas within the City of San
Bernardino Areas K, L, M, and N; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public
Resources Code, § 21000 et seq.), Section 21069, and State CEQA Guidelines (California Code
of Regulations, § 15000 et seq.), Section 15381, the City of San Bernardino is the Responsible
Agency for the Project; and
WHEREAS, pursuant to requirements of Section 15164(b) (Addendum to an EIR) of the
California Environmental Quality Act, the Planning Division of the Community Development and
Packet Page. 566
ORDINANCE NO. MC-1641
2
5
2
6
8
Housing Department accepted the Addendum to the Final EIR prepared by Sespe Consulting on
behalf of and submitted by the applicant for Project; and
WHEREAS, On June 12, 2024, the Development and Environment Review Committee
of the City of San Bernardino recommended that Specific Plan Amendment 23-02 and Conditional
Use Permit Revision 23-11 move to the Planning Commission for consideration.
WHEREAS, on July 9, 2024, the Planning Commission of the City of San Bernardino
held a duly-noticed public hearing to consider public testimony and the staff report, and, by a vote
of 9-0, adopted Resolution No. 2024-024 forwarding a recommendation that the Mayor and City
Council recommending approval of Specific Plan Amendment 23-02 and Conditional Use Permit
Revision 23-11 amending Conditional Use Permit 91-31/Reclamation Plan and the CalMat/Cajon
Creek Specific Plan’s Design Guidelines governing mining depths and areas; and, allow the
consolidation of the City’s Reclamation Plan with an updated Amended Reclamation Plan
allowing for the continuation of an aggregate mining operation within the San Bernardino County
Area Q and City of San Bernardino Areas K, L, M, and N on a project site containing
approximately 530.5 acres located southwest of Cajon Boulevard between Institution Road to the
north and Devils Creek Diversion channel to the south within Specific Plan – Calmat/Cajon Creek
Industrial Extractive And Industrial Light; and consider the Addendum to the final Environmental
Impact Report under the California Environmental Quality Act; and
WHEREAS, notice of the August 21, 2024, public hearing for the Mayor and City
Council's consideration of this proposed Ordinance was published in The Sun newspaper on
August 10, 2024, and was mailed to property owners and occupants of property within a 1,000-
foot radius of the project site and interested parties in accordance with Development Code Chapter
19.52 (Hearings and Appeals); and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City
Council, and no additional information submitted to the City Council, has produced substantial
new information requiring substantial revisions that would trigger recirculation of the Addendum
to the Final Environmental Impact Report or additional environmental review under State CEQA
Guidelines Section 15164; and
WHEREAS, pursuant to the requirements of Chapter 19.64 (Specific Plans) and Chapter
19.68 (Surface Mining and Land Reclamation) of the City of San Bernardino Development Code,
the Mayor and City Council has the authority to take action on Specific Plan Amendment 23-02
would be considered.
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. Based on the
Addendum, the EIRs, Environmental Findings, Mitigation Monitoring and Reporting Programs,
the Statement of Overriding Considerations, and all related information presented to the City
Council, the City Council finds that the preparation of a subsequent or supplemental EIR is not
Packet Page. 567
ORDINANCE NO. MC-1641
3
5
2
6
8
required because the modification specified in the Addendum: (1) does not constitute substantial
changes to the Project that will require major revisions of the 1993 EIR or 2020 EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; (2) does not constitute substantial changes with respect to
the circumstances under which the Project is administered that will require major revisions of the
1993 EIR or 2020 EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of the previously identified significant effects; and (3) does not
contain new information of substantial importance that was not known and could not have been
known with the exercise of reasonable diligence at the time the 1993 EIR or 2020 EIR was
certified, that shows any of the following: (a) the modification will have one or more significant
effects not discussed in the 1993 EIR or 2020 EIR; (b) significant effects previously examined will
be substantially more severe than shown in the 1993 EIR or 2020 EIR; (c) mitigation measures or
alternatives previously found not to be feasible would in fact be feasible and would substantially
reduce one or more significant effects of the Project, but the City Council declined to adopt such
measures; or (d) mitigation measures or alternatives considerably different from those analyzed in
the 1993 EIR or 2020 EIR would substantially reduce one or more significant effects on the
environment, but which the City Council declined to adopt.
SECTION 3.Finding of Facts – Specific Plan Amendment 23-02
Finding No. 1:The proposed plan is consistent with the General Plan.
Finding of Fact:The CalMat/Cajon Creek Specific Plan is a comprehensive planning and
zoning document encompassing approximately 1,392 acres that laid out
sixteen (16) planning areas (A-P), with development standards, guidelines,
and authorized aggregate (sand and gravel) mining and related uses. The
plan contains land use designation tailored to closely to the topography, the
vegetation, the natural resources, and the public infrastructure of the
Specific Plan area. Areas within the plan have been designated by the State
of California as aggregate deposits of regional significance and thus the plan
as a regulatory document serves as a zoning ordinance allowing for the safe
extraction of those resources. Additionally, the City of San Bernardino
General Plan includes primary goals and policies to guide future
development within the City. Accordingly, the Specific Plan provides a
detailed explanation of the Specific Plan’s relationship to the City’s General
Plan, including a comparison of goals, objectives and policies.
Specific Plan Amendment 23-02 proposes to amend the design guidelines
governing mining depths and areas to allow for mining in Area K to a depth
of 240 feet below ground surface (bgs), mining in Areas L and M to a depth
of 240 bgs (an increase of the permitted 120 bgs), mining in the northern
portion of Area N (currently designated for mineral processing) to a depth
of 120 bgs, and mining the resources between Areas K, L and the County
of San Bernardino’s Area Q. The Specific Plan’s zone designation is
Industrial Extractive and Industrial Light and allows for the existing mining
activity and proposed amendments as requested. With the approval of
Specific Plan Amendment 23-02, as proposed the areas will be consistent
with the City’s General Plan.
Packet Page. 568
ORDINANCE NO. MC-1641
4
5
2
6
8
Finding No. 2:The proposed plan would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
Finding of Fact:The CalMat/Cajon Creek Specific Plan established a land use and
development framework on public infrastructure that respects the City’s
natural resources and established an industrial corridor that preserves those
resources. The Specific Plan is intended to encourage and capitalize on
those industries that provide key industrial services while protecting the
non-renewable characteristic of mineral deposits for safe extraction that is
an important component to the regional economy.
The Specific Plan is not detrimental to the public interest, health, safety,
convenience, or welfare of the City in that the primary purpose of the
Specific Plan is to provide a vision and implementation program for the
future development of vacant or under-utilized properties within Specific
Plan boundaries and contains a comprehensive set of goals, objectives,
strategies and guidelines to be used by the City to support, attract, facilitate
and maintained development while preserving the environmental environs.
Additionally, the Specific Plan will be maintained in accordance with all
the mitigation measures contained in within the Mitigation Monitoring and
Reporting Program, all Conditions of Approval and all Standard
Requirements as outlined in the Specific Plan. Therefore, Specific Plan
Amendment 23-02 as proposed would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City.
Finding No. 3:The subject properties are physically suitable for the requested land use
designations and the anticipated land use developments.
Finding of Fact:The CalMat/Cajon Creek Specific Plan is a comprehensive planning and
zoning document encompassing approximately 1,392 acres that laid out
sixteen (16) planning areas (A-P), with development standards, guidelines,
and authorized aggregate (sand and gravel) mining and related uses.
Specific Plan Amendment 23-02 proposes to amend the design guidelines
governing mining depths and areas to allow for mining in Area K to a depth
of 240 feet below ground surface (bgs), mining in Areas L and M to a depth
of 240 bgs (an increase of the permitted 120 bgs), mining in the northern
portion of Area N (currently designated for mineral processing) to a depth
of 120 bgs, mining the resources between Areas K, L and the County of San
Bernardino’s Area Q. The Specific Plan’s zone designation is Industrial
Extractive and Industrial Light and allows for the existing mining activity
and proposed amendments as requested. Therefore, the project site is
physically suitable for the requested land use designation and the proposed
land use development with the approval of Specific Plan Amendment 23-
02.
Packet Page. 569
ORDINANCE NO. MC-1641
5
5
2
6
8
Finding No. 4:The proposed plan shall ensure development of desirable character which
will be compatible with existing and proposed development in the
surrounding neighborhood.
Finding of Fact:The CalMat/Cajon Creek Specific Plan is intended to encourage and
capitalized on those industries that provide key industrial services while
protecting the non-renewable characteristic of mineral deposits for safe
extraction that is an important component to the regional economy. The land
use plan accommodates for the increase in those developments and resource
extractions and establishes sixteen (16) planning areas (A-P), that guide
future development of those properties throughout the project area.
Specific Plan Amendment 23-02 proposes to amend the design guidelines
governing mining depths and areas to allow for mining in Area K to a depth
of 240 feet below ground surface (bgs), mining in Areas L and M to a depth
of 240 bgs (an increase of the permitted 120 bgs), mining in the northern
portion of Area N (currently designated for mineral processing) to a depth
of 120 bgs, mining the resources between Areas K, L and the County of San
Bernardino’s Area Q to allow for mining resources located between Areas
K, L, and Q (County of San Bernardino’s Area) in one mining area, and M
and N in another, creating two consolidated mining pits for efficient mineral
resource recovery, which is an operation that is vital for development and
will be compatible with existing and proposed development in the
surrounding neighborhood with the implementation of the Reclamation
Plan.
Finding No. 5:The proposed plan will contribute to a balance of land uses so that local
residents may work and shop in the community in which they live.
Finding of Fact:The CalMat/Cajon Creek Specific Plan is a comprehensive planning and
zoning document encompassing approximately 1,392 acres that laid out
sixteen (16) planning areas (A-P), with development standards, guidelines,
and authorized aggregate (sand and gravel) mining and related uses.
Furthermore, the Specific Plan intended to encourage and capitalized on
those industries that provide key industrial services while protecting the
non-renewable characteristic of mineral deposits for safe extraction that is
an important component to the regional economy.
Specific Plan Amendment 23-02 proposes to amend the design guidelines
governing mining depths and areas to allow for mining in Area K to a depth
of 240 feet below ground surface (bgs), mining in Areas L and M to a depth
of 240 bgs (an increase of the permitted 120 bgs), mining in the northern
portion of Area N (currently designated for mineral processing) to a depth
of 120 bgs, mining the resources between Areas K, L and the County of San
Bernardino’s Area Q to allow for mining resources located between Areas
K, L, and Q (County of San Bernardino’s Area) in one mining area, and M
and N in another, creating two consolidated mining pits for efficient mineral
resource recovery, which is an operation that is vital for development which
Packet Page. 570
ORDINANCE NO. MC-1641
6
5
2
6
8
contributes to a balance of land use with the approval of the Specific Plan
Amendment 23-02.
SECTION 4.Specific Plan Amendment 23-02 is a request to amend the CalMat/Cajon
Creek Specific Plan Design Guidelines governing mining depths and areas within the City of San
Bernardino Areas K, L, M, and N, attached hereto and incorporated herein by reference as Exhibit
A, is hereby approved.
SECTION 5.Notice of Determination: The Planning Division of the Community
Development and Housing Department is hereby directed to file a Notice of Determination with
the Clerk of the Board of San Bernardino County and the Office of Planning and Research within
five (5) working days of final project approval certifying the City’s compliance with the California
Environmental Quality Act in approving the Project.
SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days after
the date of its adoption.
SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under Section 36933 of
the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of _________, 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 571
ORDINANCE NO. MC-1641
7
5
2
6
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
Ordinance No. MC-1641, adopted at a regular meeting held on the __ day of __ 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this __ day of ___ 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 572
Packet Page. 573
Packet Page. 574
Packet Page. 575
Packet Page. 576
Packet Page. 577
Packet Page. 578
Packet Page. 579
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 1 of 17
5
2
6
9
RESOLUTION NO. 2024-184
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT REVISION 23-
11 AMENDING CONDITIONAL USE PERMIT 91-
31/RECLAMATION PLAN GOVERNING MINING DEPTHS
AND AREAS ALLOWING THE CONSOLIDATION OF THE
CITY’S RECLAMATION PLAN WITH AN UPDATED
AMENDED RECLAMATION PLAN ALLOWING FOR THE
CONTINUATION OF AN AGGREGATE MINING
OPERATION WITHIN THE SAN BERNARDINO COUNTY
AREA Q AND CITY OF SAN BERNARDINO AREAS K, L,
M, AND N ON A PROJECT SITE CONTAINING
APPROXIMATELY 530.5 ACRES LOCATED SOUTHWEST
OF CAJON BOULEVARD BETWEEN INSTITUTION ROAD
TO THE NORTH AND DEVILS CREEK DIVERSION
CHANNEL TO THE SOUTH WITHIN SPECIFIC PLAN –
CALMAT/CAJON CREEK INDUSTRIAL EXTRACTIVE
AND INDUSTRIAL LIGHT, PURSUANT TO AN
ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT
REPORT.
WHEREAS, on May 10, 1993, the City of San Bernardino approved the CalMat/Cajon
Creek Specific Plan 90-01 that is a comprehensive planning and zoning document encompassing
approximately 1,392 acres that authorized aggregate (sand and gravel) mining and related uses,
industrial uses and open space; and Conditional Use Permit 91-31/Reclamation Plan that
authorized mining and processing operations at the Cajon Creek Quarry on approximately 298
acres comprised of Areas L, M, and N, certified an Environmental Impact Report (California State
Clearinghouse No. 1990020908/1993104312) for the CalMat/Cajon Creek Specific Plan and
adopted the Mitigation Monitoring and Reporting Program; and
WHEREAS, on January 22, 1998, the City of San Bernardino approved the sequential
development of the aggregate plant and the hot‐mix asphalt plant under Development Permit Type
II 97-24; and
WHEREAS, on September 3, 2020, the County of San Bernardino approved a zone
change, conditional use permit and reclamation plan (PROJ-2019-00073) for mineral extraction in
the area immediately south of the Cajon Creek Quarry known as Area Q to provide additional
materials for ongoing operations at the Cajon Creek Quarry, certified an Environmental Impact
Report (California State Clearinghouse No. 2020010528) for Area Q and adopted the Mitigation
Monitoring and Reporting Program; and
WHEREAS, together, Specific Plan Amendment 23-02 and Conditional Use Permit
Revision 23-11 constitute the Cajon Creek Consolidated Quarry Mine Reclamation Plan
(“Project”); and
Packet Page. 580
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 2 of 17
5
2
6
9
WHEREAS, Conditional Use Permit Revision 23-11 amending Conditional Use Permit
91-31/Reclamation Plan governing mining depths and areas allowing the consolidation of the
City’s Reclamation Plan with an updated amended Reclamation Plan allowing for the continuation
of an aggregate mining operation within the San Bernardino County Area Q and City of San
Bernardino Areas K, L, M, and N; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public
Resources Code, § 21000 et seq.), Section 21069, and State CEQA Guidelines (California Code
of Regulations, § 15000 et seq.), Section 15381, the City of San Bernardino is the Responsible
Agency for the Project; and
WHEREAS, pursuant to requirements of Section 15164(b) (Addendum to an EIR) of the
California Environmental Quality Act, the Planning Division of the Community Development and
Housing Department accepted the Addendum to the Final EIR prepared by Sespe Consulting on
behalf of and submitted by the applicant for Project; and
WHEREAS, On June 12, 2024, the Development and Environment Review Committee
of the City of San Bernardino recommended that Specific Plan Amendment 23-02 and Conditional
Use Permit Revision 23-11 move to the Planning Commission for consideration.
WHEREAS, on July 9, 2024, the Planning Commission of the City of San Bernardino
held a duly-noticed public hearing to consider public testimony and the staff report, and, by a vote
of 9-0, adopted Resolution No. 2024-024 forwarding a recommendation that the Mayor and City
Council recommending approval of Specific Plan Amendment 23-02 and Conditional Use Permit
Revision 23-11 amending Conditional Use Permit 91-31/Reclamation Plan and the CalMat/Cajon
Creek Specific Plan’s Design Guidelines governing mining depths and areas; and, allow the
consolidation of the City’s Reclamation Plan with an updated Amended Reclamation Plan
allowing for the continuation of an aggregate mining operation within the San Bernardino County
Area Q and City of San Bernardino Areas K, L, M, and N on a project site containing
approximately 530.5 acres located southwest of Cajon Boulevard between Institution Road to the
north and Devils Creek Diversion channel to the south within Specific Plan – Calmat/Cajon Creek
Industrial Extractive And Industrial Light; and consider the Addendum to the final Environmental
Impact Report under the California Environmental Quality Act; and
WHEREAS, notice of the August 21, 2024, public hearing for the Mayor and City
Council's consideration of this proposed Ordinance was published in The Sun newspaper on
August 10, 2024, and was mailed to property owners and occupants of property within a 1,000-
foot radius of the project site and interested parties in accordance with Development Code Chapter
19.52 (Hearings and Appeals); and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City
Council, and no additional information submitted to the City Council, has produced substantial
new information requiring substantial revisions that would trigger recirculation of the Addendum
to the Final Environmental Impact Report or additional environmental review under State CEQA
Guidelines Section 15164; and
Packet Page. 581
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 3 of 17
5
2
6
9
WHEREAS, pursuant to the requirements of Chapter 19.64 (Specific Plans) and Chapter
19.68 (Surface Mining and Land Reclamation) of the City of San Bernardino Development Code,
the Mayor and City Council has the authority to take action on Conditional Use Permit Revision
23-11 would be considered.
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. Based on the
Addendum, the EIRs, Environmental Findings, Mitigation Monitoring and Reporting Programs,
the Statement of Overriding Considerations, and all related information presented to the City
Council, the City Council finds that the preparation of a subsequent or supplemental EIR is not
required because the modification specified in the Addendum: (1) does not constitute substantial
changes to the Project that will require major revisions of the 1993 EIR or 2020 EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; (2) does not constitute substantial changes with respect to
the circumstances under which the Project is administered that will require major revisions of the
1993 EIR or 2020 EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of the previously identified significant effects; and (3) does not
contain new information of substantial importance that was not known and could not have been
known with the exercise of reasonable diligence at the time the 1993 EIR or 2020 EIR was
certified, that shows any of the following: (a) the modification will have one or more significant
effects not discussed in the 1993 EIR or 2020 EIR; (b) significant effects previously examined will
be substantially more severe than shown in the 1993 EIR or 2020 EIR; (c) mitigation measures or
alternatives previously found not to be feasible would in fact be feasible and would substantially
reduce one or more significant effects of the Project, but the City Council declined to adopt such
measures; or (d) mitigation measures or alternatives considerably different from those analyzed in
the 1993 EIR or 2020 EIR would substantially reduce one or more significant effects on the
environment, but which the City Council declined to adopt.
SECTION 3.Findings of Fact – Conditional Use Permit Revision 23-11
Section 19.36.050 (Findings) of the City of San Bernardino Development Code requires that
Conditional Use Permit applications meet certain findings prior to the approval by the Mayor and
City Council. Accordingly, the following findings are provided in support of the recommendation
by the Mayor and City Council for the approval of Conditional Use Permit Revision 23-11:
Finding No. 1:The proposed use is conditionally permitted within, and would not impair
the integrity or character of, the subject land use district and complies with
all of the applicable provisions of the Development Code.
Packet Page. 582
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 4 of 17
5
2
6
9
Finding of Fact:With the concurrent approval of the Specific Plan Amendment 23-02, the
proposed project to amend Conditional Use Permit 91-31/Reclamation Plan
allowing for the continuation of mining activity is a permitted use within
the CalMat/Cajon Creek Specific Plan, subject to the approval of a
Conditional Use Permit within appropriate Conditions of Approval and
Mitigation Measures. The proposal under Conditional Use Permit Revision
23-11 will be developed in compliance with all of the Conditions of
Approval and Mitigation Measures.
Finding No. 2:The proposed use is consistent with the General Plan.
Finding of Fact:General Plan Goal 12.4 - Properly manage designated areas for mineral
extraction to meet the needs of the area.
General Plan Policies 12.4.1 - Continue to document current extraction
sites, including sand and gravel quarries, including the status and duration
of existing permits and approvals.
General Plan Policies 12.4.5 - Require that the operation and reclamation
of surface mines be consistent with the State Surface Mining and
Reclamation Act (SMARA) and the Development Code.
The proposed project will maintain the existing mining operation and utilize
the significant amount of on-site mineral resources that have been
designated by the State, in such a manner as to be compatible with adjacent
land uses. Through the incorporation of mitigation measures and conditions
of approval that will protect the existing operation and surrounding land
uses, mineral extraction and processing activities will continue to be
regulated and maintained in accordance with SMARA. Therefore, the
proposed project is in compliance with the Specific Plan and Development
Code requirements, and the City’s General Plan goals and policies.
Additionally, the proposed project is a permitted use within the proposed
CalMat/Cajon Creek Specific Plan, subject to the approval of a Conditional
Use Permit with appropriate Conditions of Approval and Mitigation
Measures, in which with the concurrent approval of Specific Plan
Amendment 23-02, in consistent within the Industrial Extractive and
Industrial Light zone designation set forth by the Specific Plan Land Use
Map.
Finding No. 3:Approval of the Conditional Use Permit for the proposed use complies with
the requirements of the CEQA and §19.20.030(6) of the Development
Code.
Finding of Fact:In accordance with Section 15164 (Addendum to an EIR), an Addendum
was prepared for the previously analyzed and certified 1993 and 2020 Final
Packet Page. 583
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 5 of 17
5
2
6
9
EIRs in conjunction with the approval of the City of San Bernardino’s
CalMat/Cajon Creek Specific Plan (1993 EIR) and the County of San
Bernardino’s Area Q (2020 EIR). The potential impact to adjacent
properties was thoroughly reviewed as part of the Addendum to both the
1993 and 2020 Final EIRs and the proposed project will introduce no new
significant environmental impact beyond those previously analyzed, and all
mitigation measures previously adopted, the Mitigation Monitoring and
Reporting Program, and the Addendum are included for this project.
Finding No. 4:There will be no potentially significant negative impacts on environmental
quality or natural resources that could not be properly mitigated and
monitored.
Finding of Fact:In accordance with Section 15063 of the California Environmental Quality
Act (CEQA), the environmental impacts were previously analyzed and
certified by the 1993 and 2020 Final EIRs in conjunction with the approval
of the City of San Bernardino’s CalMat/Cajon Creek Specific Plan (1993
EIR) and the County of San Bernardino’s Area Q (2020 EIR). The proposed
project will introduce no new significant environmental impacts beyond
those previously analyzed in the certified 1993 and 2020 Final EIRs, and all
mitigation measures previously adopted with the certified Final 1993 and
2020 EIRs and the Addendum are incorporated herein by this reference.
Furthermore, the project will continue operations consistent with the
projects that were previously analyzed in the 1993 and 2020 Final EIRs,
with some minor variations. Therefore, the Addendum is appropriate and in
compliance with CEQA to account for the minor technical changes or
additions to previously analyzed projects.
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:With the approval of Specific Plan Amendment 23-02, the Conditional Use
Permit Revision 23-11 to allow for the continuation of the mining operation
on the existing site will continue to conform to all applicable development
standard and land use regulations as outlined in the CalMat/Cajon Creek
Specific Plan. Therefore, the design of the project, in conjunction with the
recommended Conditions of Approval and Mitigation Measures, will
ensure that the proposal will not create significant noise, traffic, or other
conditions or situations that may be objectionable or detrimental to other
permitted uses in the vicinity of the site, nor will it be averse to the public
interest, health, safety, convenience or welfare of the City. The location,
size, design and character of the proposed development will enhance the
Packet Page. 584
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 6 of 17
5
2
6
9
neighborhood to the benefit of the public interest and general welfare of the
City.
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 Specific Plan Amendment 23-02,
Conditional Use Permit Revision 23-11 to allow for the continuation of the
mining operation on the existing site is permitted within the CalMat/Cajon
Creek Specific Plan Industrial Extractive and Industrial Light zone
designations with appropriate Conditions of Approval and CEQA
determination. The existing project area is sufficient in size to accommodate
the existing mining operation as proposed. 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 truck and trailer storage facility. The existing site
is located adjacent to and already served by existing public streets and a full
range of public utilities and services. All applicable Codes will apply to the
proposed development. Therefore, subject to the Conditions of Approval
and Mitigation Measures, the proposed mining operation will not be
detrimental to public services or public health and safety.
SECTION 4.Findings of Fact – Reclamation Plan.
Section 19.68.110 (Findings) of the City of San Bernardino Development Code requires that
Reclamation Plans meet certain findings prior to the approval by the Mayor and City Council.
Accordingly, the following findings are provided in support of the recommendation by the Mayor
and City Council for the approval of the Amended Reclamation Plan:
Finding No. 1:That the Reclamation Plan complies with SMARA Sections 2772 and 2773,
and any other applicable provisions.
Finding of Fact:The Cajon Creek Consolidated Quarry Reclamation Plan was reviewed and
conditioned for compliance with SMARA. The Cajon Creek Consolidated
Quarry Reclamation Plan was reviewed and accepted by the California
Department of Conservation Division of Mine Reclamation as being
compliant with SMARA.
Finding No. 2:That the Reclamation Plan complies with applicable requirements of State
regulations (CCR §3500-3505 and §3700-3713).
Packet Page. 585
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 7 of 17
5
2
6
9
Finding of Fact:The Cajon Creek Consolidated Quarry Reclamation Plan was reviewed and
conditioned for compliance with State mining regulations. The Cajon Creek
Consolidated Quarry Reclamation Plan was also reviewed and accepted by
the California Department of Conservation Division of Mine Reclamation
as being compliant with SMARA Mining Regulations.
Finding No. 3: That the Reclamation Plan and potential use of reclaimed land pursuant to
the plan are consistent with this Chapter and the City’s General Plan and
any applicable resource plan or element.
Finding of Fact:The Cajon Creek Consolidated Quarry Reclamation Plan and potential end
use of lands disturbed and reclaimed in compliance with the Cajon Creek
Consolidated Quarry Reclamation Plan, as conditioned, are consistent with
the Development Code and General Plan.
Finding No. 4:That the Reclamation Plan has been reviewed pursuant to CEQA and the
City’s environmental review guidelines, and all significant adverse impacts
from reclamation of the surface mining operations are mitigated to the
maximum extent feasible.
Finding of Fact: In accordance with Section 15063 of the California Environmental Quality
Act (CEQA), the environmental impacts were previously analyzed and
certified by the 1993 and 2020 Final EIRs in conjunction with the approval
of the City of San Bernardino’s CalMat/Cajon Creek Specific Plan (1993
EIR) and the County of San Bernardino’s Area Q (2020 EIR). The proposed
project will introduce no new significant environmental impacts beyond
those previously analyzed in the certified 1993 and 2020 Final EIRs, and all
mitigation measures previously adopted with the certified Final 1993 and
2020 EIRs and the Addendum are incorporated herein by this reference.
Furthermore, the project will continue operations consistent with the
projects that were previously analyzed in the 1993 and 2020 EIRs, with
some minor variations. Therefore, the Addendum is appropriate and in
compliance with CEQA to account for the minor technical changes or
additions to previously analyzed projects. All significant adverse impacts
from reclamation of the surface mining operations are mitigated below a
level of significance or to the maximum extent feasible as provided in the
Addendum
Finding No. 5:That the land and/or resources such as water to be reclaimed will be
reclaimed to a condition that is compatible with, and blends in with, the
surrounding natural environment, topography, and other resources, or that
suitable off-site development will compensate for related disturbance to
resource value.
Finding of Fact:Affected lands will be reclaimed to a condition compatible with, and
blending with, the surrounding natural environment, topography, and other
Packet Page. 586
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 8 of 17
5
2
6
9
open space resources as identified in the Cajon Creek Consolidated Quarry
Reclamation Plan. Financial Assurances and annual mine inspections
pursuant to SMARA will take place to ensure this occurs. Groundwater
resources will also be monitored and mitigated should related disturbance
to this resource occur.
Finding No. 6:That the Reclamation Plan will restore the mined lands to a usable condition
which is readily adaptable for alternative land uses consistent with the
General Plan and applicable resource plan.
Finding of Fact: The Cajon Creek Consolidated Quarry Reclamation Plan, as conditioned,
along with annual mine inspections pursuant to SMARA will ensure
reclamation of the mined lands return to a usable condition that is readily
adaptable for alternative land uses consistent with the County and City’s
General Plan.
Finding No. 7:That a written response to the State Department of Conservation has been
prepared, describing the disposition of major issues raised by that
Department. Where the City’s position is at variance with the
recommendations and objections raised by the State Department of
Conservation, said response shall address, in detail, why specific comments
and suggestions were not accepted.
Finding of Fact:The Cajon Creek Consolidated Quarry Reclamation Plan is a combined
project between the City and County of San Bernardino and has been
reviewed and accepted by both jurisdictions. Acting as Lead Agency for
SMARA, the County of San Bernardino sent a letter to the Department of
Conservation on July 21, 2023. To date no response has been received in
objection of the Reclamation Plan.
SECTION 5. – Conditions of Approval. The Project is hereby approved, subject to the
following Conditions of Approval:
1. This is a request and approval to amend Conditional Use Permit 91-31/Reclamation Plan
and the CalMat/Cajon Creek Specific Plan’s Design Guidelines governing mining depths
and areas; and, allow the consolidation of the City’s Reclamation Plan with the County of
San Bernardino’s Reclamation Plan to establish a combined and updated Amended
Reclamation Plan allowing for the continuation of an aggregate mining operation within
the San Bernardino County Area Q and City of San Bernardino Areas K, L, M, and N on
a property comprise of thirty-three (33) parcels containing approximately 530.5 acres
within the Specific Plan – CalMat/Cajon Creek (SP-CC) Industrial Extractive and
Industrial Light zone. The project site is located on the Southwest of Cajon Boulevard
between Institution Road to the north and Devils Creek Diversion Channel to the south.
2. The surface mining and processing operations shall be conducted in accordance with the
Specific Plan – CalMat/Cajon Creek (SP-CC) 90-01 approved under Specific Plan
Packet Page. 587
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 9 of 17
5
2
6
9
Amendment 23-02 and Conditional Use Permit Revision 23-11/Reclamation Plan. The
Reclamation approval shall be effective from the time of approval for 70 years. Final
reclamation and monitoring will require an additional 5 years to complete. At the
conclusion of all mining activities, the site will be reclaimed to vacant open space and
support wildlife habitat.
3. The project shall be subject to all mitigation measures contained within the Mitigation
Monitoring and Reporting Program and incorporated by reference as conditions of
approval.
4. A Monitoring and Treatment Plan that is reflective of the project mitigation (“Cultural
Resources” and “Tribal Cultural Resources”) shall be completed for operations in Area K
by an archaeologist who meets the Secretary of the Interior's Professional Qualifications
Standards and submitted to the Lead Agency for dissemination to the Yuhaaviatam of San
Manuel Nation’s Cultural Resources Department (YSMN). Once all parties review the
plan, it shall be adopted by the Lead Agency. The plan must be adopted prior to disturbance
in Area K. Any and all findings in Area K will be subject to the protocol detailed within
the Monitoring and Treatment Plan.
5. Within two (2) years of the approval of the Conditional Use Permit, commencement of
mining and/or mining related activities shall have occurred or the permit/approval shall
become null and void. In addition, if after commencement of mining related activities, any
one of the surface mining operations becomes idle, the owner/applicant shall file and
interim management plan with the City within 90 days.
6. Vesting of mining and processing rights within the area covered by Conditional Use Permit
(CUP) Revision 23-11 to Conditional Use Permit 91-31 will occur upon initiation of work
(site preparation, mining, landscaping, construction for windbreaks, etc.).
7. 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 the provisions of the Specific Plan – CalMat/Cajon
Creek (SP-CC) 90-01 area.
8. As may be required, within two (2) years of the effective date of approval of Conditional
Use Permit (CUP) Revision 23-11 to Conditional Use Permit 91-31, the applicant shall
apply for other applicable agency permits/approvals. The applicant shall either submit
copies of all applicable agency permits or approvals or provide written verification that
applicable agency permits or approval have been issued or granted.
9. 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 and/or commissions of
the City, and any predecessors, successors, assigns, agents, directors, elected officials,
Packet Page. 588
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 10 of 17
5
2
6
9
officers, employees, representatives and attorneys of the City from any claim, action or
proceeding against any of the foregoing persons or entities. The applicant further agrees to
reimburse the City for any costs or attorneys’ fees which the City may be required by a
court to pay as a result of such action, but such participation shall no relieve applicant of
his or her obligations under this condition.
The applicant further agrees to reimburse the City for any costs and attorneys’ fees, which
the City may be required by a court to pay as a result of such action, but such participation
shall not relieve applicant of his or her obligation under this condition. The costs, salaries,
and expenses of the City Attorney and employees of his office shall be considered as
“Attorney’s fees” for the purpose of this condition.
10. The applicant/operator shall ascertain and comply with the requirements of all County,
City, State, and Federal agencies as may be applicable to the project. These include, but
are not limited to the following: San Bernardino County Departments of Land Use
Services, Public Health, Environmental Health Services, Public Works, Fire Department,
South Coast Air Quality Management District (SCAQMD), Santa Ana Regional Water
Quality Control Board (RWQCB) Region 4, State Fire Marshal, Environmental Health
Services, California Department of Fish and Wildlife (CDFW) Region 6, U.S Fish and
Wildlife, Army Corp of Engineers, State Mining and Geology Board, California
Department of Conservation, California Occupational Safety and Health Administration
(OSHA), and the Mine Safety and Health Administration (MSHA).
11. This approval and all subsequent permit(s) shall be subject to the provisions of the CalMat
Cajon Creek Specific Plan (SP 90-01) as revised under Specific Plan Amendment 23-02
and to all provisions of the Development Code in effect at the time of approval.
12. A new application for development permits for mining and mining relates activities, future
tentative maps or parcel maps, or other land use entitlements that are not part of this
approval (Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23-11 to
Conditional Use Permit 91-31) shall be required and shall not be approved unless consistent
with the adopted Specific Plan – CalMat/Cajon Creek (SP-CC) 90-01
13. New proposals for surface mining activities, related land uses and/or aggregate processing
operation not otherwise addressed in the adopted CalMat Cajon Creek Specific Plan (SP-
CC) 90-01 as revised and approved under Conditional Use Permit (CUP) Revision 23-11
to Conditional Use Permit 91-31 shall require the filing and approval of a new Conditional
Use Permit.
14. Commencement of any new surface mining operation or mining related activity not
proposed under Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23-
11 to Conditional Use Permit 91-31 shall require the owner/applicant to submit an
application for a Development Permit for site plan review to ensure consistency with the
Specific Plan and Conditional Use Permit/Reclamation Plan and compliance with
applicable Planning Area Regulations and Design Guidelines and EIR Mitigation Measures
pursuant to the Mitigation Monitoring and Reporting Program. The Development Permit
Packet Page. 589
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 11 of 17
5
2
6
9
may be subject to any additional Conditions of Approval and Standard Requirement of the
City, as applicable.
15. Aggregate Processing Plants. The following processing facilities are permitted at Areas N
and M under Conditional Use Permit Revision 23-11 to Conditional Use Permit 91-31
consistent with previously issued Development Permits:
a. Aggregate Processing Plant
b. Asphaltic Batch Plant
c. Ready-Mix Concrete Plant
d. Recycled Asphalt and Concrete Plant.
16. This owner/applicant shall ensure there is a visual barrier in accordance with the CalMat
Cajon Creek Specific Plan (SP-CC) 90-01 guidelines along the north sides of Areas L and
M and the east side of Area K between the aggregate processing plant and the surrounding
land uses.
17. All structures subject to the provisions of the CalMat Cajon Creek Specific Plan (SP-CC)
90-01 shall be designed to accommodate a 100-foot setback from the CalNev Pipeline or
any other pipeline as defined in Section 19.20.030(12)(E) of the Development Code. This
setback may be reduced, where the Director finds that:
a. The structure would be protected from the radiant heat of an explosion by berming
or other physical barriers;
b. 100-foot setback would be impractical or unnecessary because of existing
topography, streets, lot lines, or easements; and,
c. There shall be construction of a hazardous liquid containment system or other
mitigating facility where the City Engineer finds that a leak would accumulate
within the reduced setback area. The design shall be approved by the City Engineer
and a surety instrument shall be approved by the City Attorney to ensure the
construction of the system.
18. The current and future owner(s)/applicant(s) of property located in the CalMat Cajon Creek
Specific Plan (SP-CC) 90-01 area that is within the 500 feet of the CalNev Pipeline or any
other pipeline, as defined in Section 19.20.030(12)(E) of the Development Code, shall
notify a new owner(s) at the time of purchase agreement and at the close of escrow of the
location, size, and type of pipeline.
19. Pursuant to the Alquist-Priolo Special Study Zone requirements, no structure for human
occupancy shall be permitted within 50 feet of an active or potentially active fault trace.
Sensitive and High occupancy structures as defined in the General Plan shall maintain a
minimum of 100-foot setback.
Packet Page. 590
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 12 of 17
5
2
6
9
20. The surface mining operator or landowner shall maintain a bond or other financial
assurance with the Lead Agency pursuant to the requirements of the SMARA. The amount
of each bond or other financial assurance shall be adequate to ensure that the City or the
State and/or Lead Agency can reclaim the mined lands, pursuant to the approved
reclamation plan. Bond or financial assurance amounts shall be reviewed annually and, if
necessary, adjusted to reflect changes in the cost of reclamation (as reflected in the
Construction Cost Index or other generally used index), decreased for lands reclaimed in
the previous year to the satisfaction of the City, and increased for lands to be disturbed in
the next year.
21. The owner/applicant shall timely submit an annual report (MMRC-2) to the Lead Agency
with the appropriate fees and a request for an annual inspection pursuant to the SMARA.
22. Annually, the applicant shall submit a written report to the City demonstrating compliance
with all the Conditions of Approval for Specific Plan Amendment 23-02 and Conditional
Use Permit Revision 23-11 to Conditional Use Permit 91-31 and with the Mitigation
Measures outlined in the Mitigation Monitoring and Reporting Program, as applicable.
This shall be completed in conjunction with the actions required by Condition of Approval
No. 21.
23. A permit may be required from the San Bernardino County Flood Control District for any
encroachment onto Flood Control District right-of-way.
24. All active mining areas within the CalMat Cajon Creek Specific Plan (SP-CC) 90-01 area
shall be posted with “No Trespassing” signs placed no further than 100 feet apart. Said “No
Trespassing” signs shall be maintained to the completion of the surface mining operation
and reclamation.
25. Six (6) foot high fences shall be erected around the perimeter of active aggregate mining
operations, processing plant sites and related mining activities as required by the applicable
Planning Area Regulations in the CalMat Cajon Creek Specific Plan (SP-CC) 90-01 and
with the addition of a barbed wire in accordance with Section 19.20.030 (8)(E) of the City’s
Development Code; however, fencing in Area K may be erected to the west of the existing
vegetated berm. The fences shall be always maintained until such operations cease or are
completed.
26. Mining operations shall comply with the safety requirements of MSHA, OSHA, the State
of California Department of Industrial Relations Mine Safety Orders.
27. Extraction activities and aggregate processing may occur anytime between 6:00 a.m. and
10:00 p.m., Monday through Saturday; however, extraction activities shall not exceed a
total of 12 hours per day. An allowable exception to these hours would be operations in
response to an emergency to protect life or property, or in response to the requirements of
government agencies beyond the control of the operator.
Maintenance activities may be conducted anytime.
Packet Page. 591
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 13 of 17
5
2
6
9
28. No mining or processing operations shall be conducted on Sundays or holidays, although
maintenance activities may occur any time.
29. At no time shall there be any blasting, dynamiting or use of explosives of any kind
whatsoever on the premises.
30. No open burning of the premises shall occur at any time.
31. The owner/applicant shall continue to maintain the installed well in Planning Area M and
conduct periodic testing for water quality and depth.
32. When average hourly wind speeds equal or exceed 25 miles per hour (mph), surface mining
and processing operations shall be conducted in accordance with the High Wind Response
Plan (HWRP). A minimum of two (2) anemometers shall be installed in the excavation and
processing plant areas (one each) to monitor and determine wind speeds. This shall be
completed in conjunction with the actions required by Condition of Approval No. 21 and
22.
33. The owner/applicant or operator shall comply with the requirements of the South Coast Air
Quality Management District (SCAQMD) air quality permits, which must be secured prior
to commencement of mining or processing activities.
34. All access roads on site, which will not be retained for post-operation uses, shall be
reclaimed at the conclusion of ground-disturbing activities.
35. Minor Modifications to the plans shall be subject to approval by the Director through the
Minor Modification Permit process. Any modification that exceeds 10% of the allowable
measurable design/site considerations shall require the re-filing of the original application.
This may include any substantial deviation of these facilities or an increase in the
developed area of the site from that shown on the final approved Mining and Reclamation
Plan will require submission of an additional application for review and approval.
36. If construction of inhabited structures is proposed, a geology report shall be submitted to
the Building and Safety Division for review fees paid for the review prior to issuance of
grading permits or land disturbance.
37. If construction of inhabited structures is proposed, a geotechnical (soil) report shall be
submitted to the Building and Safety Division for review and approval prior to issuance of
grading permits or land disturbance.
38. The property owner/applicant shall ensure that the use, transport, management, storage and
disposal of fuels (i.e. diesel and gasoline) and other hazardous materials used for mining
operations (i.e. motor oil, transmission fluids, hydraulic fluids, lubricating greases, brake
fluids and/or antifreeze) are in accordance with federal, state and local hazardous materials
and waste management regulations and BMPs.
Packet Page. 592
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 14 of 17
5
2
6
9
39. The property owner/applicant shall implement quarry and overburden slope designs and
procedures recommendations identified in approved slope stability investigations and per
SMARA requirements. Furthermore, slope inspections and monitoring shall be
implemented to assure that unnecessary hazards are not created with the active or final
reclaimed slopes. A qualified independent California Certified Professional Civil Engineer
and/or Engineering Geologist shall complete a stability assessment of existing and new
quarry development areas when deemed necessary by the County inspector. The analysis
shall identify and discuss significant structural features or indications of potential
instability encountered.
40. All exterior lighting shall be contained within property lines and be energy efficient, with
the option to lower or reduce usage when the facility is closed.
41. The facility operator and property owner shall be responsible for regular maintenance of
the project site. The site shall be maintained in a clean condition and free of litter or any
other undesirable material(s). Vandalism, graffiti, trash, and other debris must be removed
and cleaned up within twenty-four (24) hours of being reported.
42. If the future development requires City of San Bernardino water service. The San
Bernardino Municipal Water Department Standard Requirements shall apply.
County of San Bernardino Fire Department
43. Jurisdiction. The above referenced Project is under the jurisdiction of the San Bernardino
County Fire Department herein (“Fire Department”). Prior to any construction occurring
on any parcel, the developer shall contact the Fire Department for verification of current
fire protection requirements. All new construction shall comply with the current Uniform
Fire Code requirements and all applicable statutes, codes, ordinances and standards of the
Fire Department
44. Access. The development shall have a minimum of 1 point of vehicular access. These are
for fire/emergency equipment access and for evacuation routes.
45. Access – 150+ feet. Roadways exceeding one hundred fifty (150) feet in length shall be
approved by the Fire Department. These shall be extended to within one hundred fifty (150)
feet of and shall give reasonable access to all portions of the exterior walls of the
first story of any building.
46. 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.
a. If buildings are to be constructed at a later date a plan shall be submitted to Fire.
47. Combustible Vegetation. Combustible vegetation shall be evaluated in accordance with the
approved Reclamation Plan and for removal as follows:
Packet Page. 593
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 15 of 17
5
2
6
9
a. Where the average slope of the site is less than 15% - Combustible vegetation shall
be removed a minimum distance of thirty (30) feet from all structures or to the
property line, whichever is less.
b. Where the average slope of the site is 15% or greater - Combustible vegetation shall
be removed a minimum one hundred (100) feet from all structures or to the property
line, whichever is less.
48. 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, as applicable.
49. 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, as applicable.
50. Street Sign. This project requires an approved street sign (temporary or permanent). The
street sign shall be installed on the nearest street corner to the project. Installation of the
temporary sign shall be prior any combustible material being placed on the construction
site. Prior to final inspection and occupancy of the first structure, the permanent street sign
shall be installed.
SECTION 6. Notice of Determination. The Planning Division of the Community
Development and Housing Department is hereby directed to file a Notice of Determination with
the Clerk of the Board of San Bernardino County and the Office of Planning and Research within
five (5) working days of final project approval certifying the City’s compliance with the California
Environmental Quality Act in approving the Project.
SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 21st day of August 2024.
Helen Tran, Mayor
City of San Bernardino
Packet Page. 594
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 16 of 17
5
2
6
9
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
_
Sonia Carvalho, City Attorney
Packet Page. 595
Resolution No. 2024-184
Resolution No. 2024-184
August 21, 2024
Page 17 of 17
5
2
6
9
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. 2024-184, adopted at a regular meeting held on the 21st day of August 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this __ day of ___ 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 596
Packet Page. 597
Packet Page. 598
Packet Page. 599
Packet Page. 600
Packet Page. 601
Packet Page. 602
Packet Page. 603
Packet Page. 604
Packet Page. 605
Packet Page. 606
Packet Page. 607
Packet Page. 608
Packet Page. 609
Packet Page. 610
Packet Page. 611
Packet Page. 612
Packet Page. 613
Packet Page. 614
Packet Page. 615
Packet Page. 616
Packet Page. 617
Packet Page. 618
Packet Page. 619
Packet Page. 620
Packet Page. 621
Packet Page. 622
Packet Page. 623
Packet Page. 624
Packet Page. 625
Packet Page. 626
Packet Page. 627
Packet Page. 628
Packet Page. 629
Packet Page. 630
Packet Page. 631
RECLAMATION PLAN
CAJON CREEK CONSOLIDATED QUARRY MINE RECLMATION PLAN
https://cdnsm5-
hosted.civiclive.com/UserFiles/Servers/Server_17442462/File/Government/Department/Commu
nity%20&%20Economic%20Development/Planning/Env.%20Docs/Cajon%20Creek/Reclamatio
n%20Plan%20(Cajon%20Creek).pdf
Packet Page. 632
Packet Page. 633
Packet Page. 634
Packet Page. 635
Packet Page. 636
Packet Page. 637
Packet Page. 638
Packet Page. 639
Packet Page. 640
Packet Page. 641
Packet Page. 642
Packet Page. 643
Packet Page. 644
Packet Page. 645
Packet Page. 646
Packet Page. 647
Packet Page. 648
Packet Page. 649
Packet Page. 650
Packet Page. 651
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From:Genoveva Rocha, City Clerk
Department:City Clerk
Subject:Approval of Various Mayor and City Council Meeting
Minutes.
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the meeting minutes for the following dates:
1. April 5, 2023, Special Closed Session Meeting of the Mayor and City Council
2. April 5, 2023, Regular Meeting of the Mayor and City Council
3. April 19, 2023, Regular Meeting of the Mayor and City Council
4. August 18, 2023, Special Closed Session Meeting of the Mayor and City Council
5. August 21, 2023, Special Closed Session Meeting of the Mayor and City Council
Packet Page. 652
Mayor Helen Tran
City of San Bernardino Council Members
201 North E Street Theodore Sanchez
San Bernardino, CA 92401 Sandra Ibarra
http://www.sbcity.org Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Draft Minutes
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY
WEDNESDAY, APRIL 5, 2023
5:00 PM
The Special Closed Session Meeting of the Mayor and City Council of the City of San
Bernardino was called to order at 5:01 PM by Mayor Helen Tran on Wednesday, April 5,
2023, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Absent
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Thomas Rice Assistant City Attorney Present
Genoveva Rocha City Clerk Present
Courtney Bowen Deputy City Clerk Present
Packet Page. 653
Special Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 2
5:00 P.M.
CLOSED SESSION PUBLIC COMMENT
Treasure Ortiz spoke about the City Manager recruitment, the Carousel Mall property.
She stated that the whole country is watching the City. She also stated that BB&K (Best,
Best, & Krieger) attorneys should be terminated as City Attorneys.
Paula Plunk commented about the Carousel Mall property and developing a “river walk”
in Downtown.
The following remote public comment was then heard via Zoom:
The speaker, name unintelligible, asked that RDICO (Renaissance Downtown USA/ICO
Real Estate Group) remain the primary redeveloper of the Carousel Mall property. He
also asked the Mayor and City Council to carefully consider the next City Manager
candidate.
At the conclusion of Public Comments, Assistant City Attorney Thomas Rice, made
an announcement that per the Brown Act, the city is responsible for stating the
Facts and Circumstances surrounding Item B of Closed Session. He stated that the
Facts and Circumstances were that the City received a Notice of Violation from
HCD (Housing and Community Development), which was detailed in the public
Staff Report for Item No. 25 of the April 5, 2023 Regular Meeting Agenda.
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2): One Item
B) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Carousel Mall Property, 43 acres
Agency Negotiator: Charles McNeely, Interim City Manager, or designee
Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group)
Under Negotiation: Price and Terms
C) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section
54957) City Manager (Recruitment Process)
CLOSED SESSION REPORT
Assistant City Attorney Rice stated that the City Council gave staff direction to staff
regarding the Closed Session Items, but there was no reportable action.
Packet Page. 654
Special Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 3
ADJOURNMENT
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency adjourned to the Regular Meeting on April 5, 2023,
at the Feldheym Central Library located at 555 West 6th Street, San Bernardino,
California 92401 at 7:08 p.m. Open Session was scheduled to begin at 7:00 PM.
By:
Genoveva Rocha, CMC
Packet Page. 655
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, APRIL 5, 2023
7:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to
order at 7:12 PM by Mayor Helen Tran on Wednesday, April 5 2023, at Feldheym Central
Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Absent
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles McNeely Interim City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Packet Page. 656
Regular Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 2
7:00 PM
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Paul E. Jones of Independent Trinity Benjamin E. Jones Community Resource
Center led the Invocation and Jazmyn Goumashyan of Cajon High School led the
Pledge of Allegiance to the Flag.
At this time, Mayor Tran re-ordered the agenda. The ‘City Manager Update’ and ‘Mayor
and City Council Updates/Reports on Conferences and Meetings’ were heard after
‘Items to be Considered for Future Meetings’. ‘Presentations’ were heard before ‘Public
Comments.’
PRESENTATIONS
1. Proclamation for Volunteer Appreciation Month in the City of San Bernardino –
April 2023 (All Wards)
Parks and Recreation staff members accepted the proclamation.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Mayor Tran announced that due to the fact that there were 67 public comment
requests received, each speaker would be limited to one minute and 30 seconds,
in accordance with Resolution No. 2018-81.
Deany Gallaher (phonetic spelling), expressed thanks to the Parks and Recreation
department for planning family-oriented events. She also stated that the City needs to
prepare for disasters such as what happened in the local mountain areas after the
recent storm.
Prophet Dominic Antonez stated that there are many homeless people at Seccombe
Lake. There are also many squirrels, which can spread disease.
Frank Montes informed that many citizens have trouble contacting their council
members. He stated that he reached out to Council Member Sanchez and was
dismissed.
Paul Sanborn said that San Bernardino is the Number 3 dirtiest city in the Country. He
stated that the City should hire people to clean up the streets.
Shania Hill, Christian Flores, Shannin Schmitt, Amy Keith, Nicolette Maccanico, Robert
Ortega, Vanessa Perez, Angie Rodriguez, Melanie Tillman, Lizzy Vancil, Marquita
Hershkovitz, Sha-Ron Sauers, Anna Ramirez, Arianna Guerrero, Sarina Hill, Desiree
Sanchez, Deborah Richardson, Debra J., and Nathan Kael all spoke in favor of Item No.
27. They supported repealing the Multi-Family Housing Crime Prevention Program,
Ordinance No. MC-1351.
Packet Page. 657
Regular Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 3
Paula Plunk stated that people are being bullied in Closed Session, and that the City
Council is taking citizens’ money and allowing the Consent Calendar to be
“weaponized”.
Silver Montero spoke about the housing crisis in San Bernardino. He also mentioned
the violation notice received from the Department of Housing and Community
Development (HCD) regarding the Carousel Mall property. He wants to see the
Downtown area revitalized and would like a Community Benefits Agreement with the
developer.
Victor Beacham, Assistant Director for Operation New Hope, informed that his
organization has a three-year contract with the City for a youth reinvestment program.
His program has helped to reduce crime and prevent substance abuse amongst youth.
Treasure Ortiz spoke about the violation notice received by the City from HCD. She
stated that BB&K is failing as the City Attorney.
Terry Washington commented that he is a local boxer from San Bernardino and
qualified for the Olympic Trials in December. He wanted to let other youths know that if
he can do it, they can do it too.
Barbara Sky stated that San Bernardino is an embarrassment to the Inland Empire.
Alfred Palazzo said that he has a list of many ideas to share for rebuilding the City,
including housing and economic development.
Ian Franklin, founder of Project Fighting Chance, informed about his amateur boxing
program and what they offer for children.
Eliana Rodriguez spoke in support of Project Fighting Chance and said that her
daughter Rachel is a State boxing champion.
Douglas Cameron stated that the traffic lights on Highland Avenue and Baseline St.
should have a 5 to 10 second delay between red and green lights because there are
lots of accidents on these streets.
Dave McCammack, business owner, stated that a potential commissioner took down
other people’s political signs and should not be a commissioner.
Paul Jones, Pastor of Independent Trinity, stated that his church feeds 2,000 families in
the City each month. They started a program in January to help seniors and the
homeless with food, showers, and other assistance.
Terry Boykins, Executive Director of Project Fighting Chance, encouraged support of
youth mental wellness. He asked for the public’s support of Project Fighting Chance.
Dolores Armstead said that the Planning Commission passed a resolution to not allow
crushing and grinding of concrete in the City. These activities are not good for the
citizens of the City.
Packet Page. 658
Regular Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 4
Richard Hernandez stated that he recently moved to San Bernardino. He is concerned
about police response time and the number of potholes in the City.
Dejonae Shaw, on behalf of United Steelworkers, commented that many residents are
struggling to buy homes or pay rent. He stated that San Bernardino is experiencing a
housing crisis.
Sarena, on behalf of Jevonee Smith, expressed support for Project Fighting Chance.
Martha Romero with Something Better for San Bernardino asked that the City move
forward and continue with the Carousel Mall property development.
Sonya Gray-Hunn, housing organizer, asked that affordable housing be built on surplus
land. She also spoke in support of Item No. 27.
Celene Perez commented about Item No. 25. She states that an ENA (Exclusive
Negotiating Agreement) does not need to be in place to move forward with
development. She asked for 25% of the development to be affordable housing.
Robert Porter stated that he has lived in San Bernardino for 47 years and recently there
has been a large increase of complaints in the City. Some issues include
homelessness, potholes, and the Carousel Mall development.
Kath Rogers, attorney with the ACLU, commented that affordable housing is
desperately needed in the City. She also spoke in favor of Item No. 27, repealing
Ordinance MC-1351.
Ra’Sheeda Ballard spoke in support of Project Fighting Chance.
Luis Ojeda advised that street vendors should come to his events on Court St., and he
will help them get permits for their business.
Mike Hartley asked for more street sweeping to be done throughout the City.
Nohemi Lopez stated that there are lots of marginalized people in San Bernardino and
they deserve affordable housing.
Ryan Stanly, Owner and Creative Director of the Enterprise Building, announced the
96th anniversary celebration of his building on May 12th and 13th, 2023. He asked that
the City continue to work with RDICO to develop the Carousel Mall property.
Allen Stanly, Co-Owner of the Enterprise building, stated that they have small
businesses in their building, and that the City was struggling when they came here.
Georgia Lykouretzos expressed that she hopes the plan for homelessness includes
something to help their animals.
Clementina Pina Bernal commented that the City made a mistake by electing Mayor
Tran.
Packet Page. 659
Regular Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 5
Ricardo Cisneros, Inland Empire Labor Council, spoke in support of more affordable
housing.
David E. appreciates the work being done with the Mt. Vernon Bridge and supports
being able to grind concrete in the city.
Amy Malone said she recently moved to the City, and she would like the City to become
more like how it used to be when people took pride in living here.
At this time, the following remote speakers were heard via Zoom:
Jennifer Tilton, Inland Fair Chance Coalition, spoke in favor of Item No. 27.
Stevonna Evans also asked the City Council to approve Item No. 27.
Constance S. stated that the Mayor’s appointment of Commissioner Tim Prince is
wrong because he has abused his power in the past.
Three additional remote speakers were called upon but did not answer.
City Clerk Rocha announced that the Mayor and City Council had been provided with
additional written comments received prior to the meeting.
APPOINTMENTS
There was a consensus from the council to take a single vote for Item No. 2 through
Item No. 17.
Council Member Sanchez pulled Item No. 6 for more discussion and a separate vote.
Assistant City Attorney Thomas Rice made an announcement that the Mayor would also
be voting on the appointments, as required by the Charter, and that each appointment
requires five affirmative votes.
Council Member Figueroa suggested that criteria should be met to be appointed as a
commissioner.
RESULT: APPROVED ITEMS NO. 2 THROUGH NO. 17. ITEM NO. 6 WAS
PULLED FOR DISCUSSION AND A SEPARATE VOTE [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
Packet Page. 660
Regular Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 6
2. Public Safety and Human Relations Commission Appointment of Byron J. Sims
(Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
3. Public Safety and Human Relations Commission Appointment of Kimberly
Knaus (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
4. Downtown Advisory Committee Appointment of Amanda M. Moody (Mayor’s
Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
5. Measure S Citizens Oversight Committee Appointment of Mark Baxter (Mayor’s
Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
6. Charter Review Appointment of Timothy Prince (Mayor’s Appointment)
Council Member Sanchez expressed that Timothy Prince previously wrote an opposition
to the current City Charter and he supports a “strong mayor” form of government. He
stated that he didn’t know how he would vote on this item, but he wanted to let everyone
know why he questioned this appointment.
Packet Page. 661
Regular Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 7
RESULT: APPROVED [7-0]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
7. Planning Commission Appointment of Lisa Sherrick (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
8. Planning Commission Appointment of Orlando Garcia (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
9. Arts and Historical Preservation Commission Appointment of James Smith
(Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
10. Arts and Historical Preservation Commission Appointment of Simeone N.
Miller (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
Packet Page. 662
Regular Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 8
11. Parks, Recreation and Community Services Commission Appointment of Joe
Salas (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
12. Parks, Recreation and Community Services Commission Appointment of
Nohemi Lopez (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
13. General Plan Advisory Committee appointment of Christian T. Shaughnessy
(Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
14. General Plan Advisory Committee appointment of Benjamin Pratt (Mayor’s
Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
Packet Page. 663
Regular Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 9
15. Elected Official Compensation Advisory Board appointment of Malika Gardner
(Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
16. Personnel Commission Appointment of Emily J. Gonzales (Mayor’s
Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
17. Personnel Commission Appointment of Victor M. Arellano (Mayor’s
Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran
ABSENT: Sandra Ibarra
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single
motion unless a council or staff member has pulled the item for more discussion.
Interim City Manager Charles McNeely advised that Item. No. 22 was being
pulled and continued to the April 19, 2023 Mayor and City Council Meeting.
RESULT: APPROVED THE CONSENT CALENDAR [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
18. Resolution Approving a n Additional Extension to the Reciprocal
Easement Agreement (REA) with El Corte Ingles, S.A., a Spanish
Corporation (“ECI”) to Provide Parking at 300 North E Street, San
Bernardino through January 31, 2024 (Ward 1)
Packet Page. 664
Regular Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 10
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino, California, adopt Resolution No. 2023-051, approving an additional
extension to the Reciprocal Easement Agreement (REA) with El Corte Ingles,
S.A., a Spanish Corporation (“ECI”) for parking through January 31, 2024,
and finding the action exempt from CEQA.
RESULT: ADOPTED RESOLUTION 2023-051 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
19. Approve Amendment No. 2 to the Joint Exercise of Powers Agreement for the
Inland Valley Development Agency, updating the structure, titles, and elections of
its officer positions (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve Amendment No. 2 to the Joint Exercise of Powers Agreement for
the Inland Valley Development Agency, updating the structure, titles, and elections of its
officer positions.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
20. 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 March 2023.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
21. Resolution Opting City into Additional National Opioid Settlements (All Wards)
Recommendation
Adopt Resolution No. 2023-052 of the Mayor and City Council of the City of San
Bernardino, California, Authorizing the City Manager to Enter into the Settlement
Agreements with Walgreens Co., Walmart, Inc., CVS Health Corporation/CVS
Pharmacy Inc., Teva Pharmaceutical Industrials Ltd., and Allergan Finance
Packet Page. 665
Regular Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 11
LLC/Allergan Limited, Agreeing to the Terms of the State Subdivision Agreements, and
Authorizing Entry into the State Subdivision Agreements with the Attorney General.
RESULT: ADOPTED RESOLUTION 2023-052 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
22. Amendment to Professional Services Agreements for Legal Services (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California authorize the City Manager or designee to execute:
1. Second Amendment to the Professional Services Agreement with Atkinson,
Andelson, Loya, Ruud and Romo for representation in the Karen Cervantes v.
John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538;
2. Second Amendment to the Professional Services Agreement with Atkinson,
Andelson, Loya, Ruud and Romo for representation in the Matthew Brown v.
John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2025900;
3. Second Amendment to the Professional Services Agreement with Atkinson,
Andelson, Loya, Ruud and Romo for representation in the Don Smith v. John
Valdivia, City of San Bernardino, et al., San Bernardino Superior Court Case No.
CIVDSB2025375;
4. Second Amendment to the Professional Services Agreement with Atkinson,
Andelson, Loya, Ruud and Romo for representation in the Jackie Aboud v. John
Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2013562;
5. Second Amendment to the Professional Services Agreement with Atkinson,
Andelson, Loya, Ruud and Romo for the representation in the Mirna Cisneros v.
John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926;
THIS ITEM WAS CONTINUED TO THE APRIL 19, 2023 MEETING.
23. Adoption of Ordinance No. MC-1614 (Annexation 33) (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1614 amending Ordinance No. MC1522 and
levying special taxes to be collected during Fiscal Year 20232024 to pay the annual
costs of the maintenance and servicing of landscaping, lighting, water quality
improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve
fund for capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 20191 (Maintenance Services).
Packet Page. 666
Regular Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 12
RESULT: ADOPTED ORDINANCE NO. MC-1614
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
24. Adoption of Ordinance No. MC-1615 (Annexation 34) (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1615 amending Ordinance No. MC1522 and
levying special taxes to be collected during Fiscal Year 20232024 to pay the annual
costs of the maintenance and servicing of landscaping, lighting, water quality
improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve
fund for capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 20191 (Maintenance Services).
RESULT: ADOPTED ORDINANCE NO. MC-1615 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
DISCUSSION
25. Receive and File update regarding a Notice of Violation received from the
State’s Housing and Community Development Division regarding the City-owned
former Carousel Mall property. (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council receive and file an update regarding
a Notice of Violation (NOV) received from the State’s Housing and Community
Development Division (HCD) regarding the City-owned former Carousel Mall property.
Donald Monti from Renaissance Downtowns/ICO Real Estate was present. He stated
that he wanted to reinforce his commitment to the City as the Master Developer of the
Carousel Mall property.
Director of Community and Economic Development Nathan Freeman provided a
presentation regarding the Notice of Violation the City received from the State.
Council Member Calvin, Chair of the Ad Hoc Committee for the project, stated that the
committee was not kept up to date, and she believed that the project was moving
forward.
Packet Page. 667
Regular Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 13
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
PUBLIC HEARING
26. Public Hearing on Annexation No. 29 to Community Facilities District 20191
(Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2023-053 of the Mayor and City Council of the City of
San Bernardino, California, calling an election to submit to the qualified electors
the question of levying a special tax within the area proposed to be annexed to
Community Facilities District No. 2019-1 (Maintenance Services) (Annexation
No. 29) ; and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2023-054 of the Mayor and City Council of the City of
San Bernardino, California, declaring election results for Community Facilities
District No. 2019-1 (Maintenance Services) (Annexation No. 29) ; and
5. Introduce, read by title only, and waive further reading of Ordinance No.
MC1616 of the Mayor and City Council of the City of San Bernardino, California,
amending Ordinance No. MC-1522 and levying special taxes to be collected
during Fiscal Year 2023-2024 to pay annual costs of the maintenance and
servicing of landscaping, lighting, water quality improvements, graffiti, streets,
street sweeping, parks and trail maintenance, a reserve fund for capital
replacement, and administrative expenses with respect to City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1616 for April 19, 2023.
Mayor Tran opened the public hearing at 9:52 p.m.
The Mayor and City Council did not request the staff presentation.
There were no public speakers or requests to speak. There were no protests received.
The public hearing was closed at 9:53 p.m.
Packet Page. 668
Regular Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 14
RESULT: ADOPTED RESOLUTION NO. 2023-053 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
RESULT: ADOPTED RESOLUTION NO. 2023-054 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
RESULT: INTRODUCED ORDINANCE NO. MC-1616 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
27. Consider Repeal of MC-1351 Crime Free Multi-Housing Ordinance (All Wards)
– Council Member Reynoso
An announcement was made by the City Clerk that the agenda had a typographical
error in the title which read “Appeal” but should have read “Repeal”.
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING
[6-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
Packet Page. 669
Regular Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 15
28. Comprehensive review of the City’s youth programs and their funding
sources, brought to Council as a discussion item (All Wards) – Council Member
Sanchez
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING
[6-0]
MOVER: Kimberly Calvin, Council Member, Ward 6
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
CITY MANAGER UPDATE
At this time, the City Manager made comments regarding the development of the
Carousel Mall. He acknowledged that there had been some mistakes made by staff, but
they can be fixed. He stated that everyone needs to work together to move Downtown
and the community forward.
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS
At this time, the Mayor and City Council provided updates to the community. Council
Members Figueroa, Calvin, Alexander and Mayor Tran reported on their attendance at
the National League of Cities Conference in Washington D.C.
ADJOURNMENT
The Regular Meeting of the Mayor and City Council was adjourned on Wednesday,
April 5, 2023, at 10:23 p.m. The next joint regular meeting of the Mayor and City Council
and the Mayor and City Council Acting as the Successor Agency to the Redevelopment
Agency will be held on Wednesday, April 19, 2023, in the Council Chamber located at
555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at
5:30 p.m. Open Session will begin at 7:00 p.m.
By: ________________________
Genoveva Rocha, CMC
Packet Page. 670
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, APRIL 19, 2023
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to
order at 5:31 PM by Mayor Helen Tran on Wednesday, April 19, 2023, at Feldheym Central
Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Absent
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles McNeely Interim City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Courtney Bowen Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Packet Page. 671
Regular Meeting Minutes April 19, 2023
Mayor and City Council of the City of San Bernardino Page 2
5:30 PM
CLOSED SESSION PUBLIC COMMENT
Paula Plunk commented that John Valdivia should not be represented by the City in
court. She also stated that residents of the City are getting stronger every day, and they
are not stupid.
At this time, the following remote speaker was heard via Zoom:
(Unintelligible name) stated that John Valdivia’s court cases should not be settled. She
said that RDICO has a negotiating agreement with the City regarding the Carousel Mall
property and should be allowed to negotiate in good faith.
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No.
CIVDS2013562
ii. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVDS2012538
iii. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVDS2012926
iv. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVSB2025375
v. Matthew Brown v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVSB2025900
vi. Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVDS2003802; 4th District Court of Appeal Court Case No.
E078346; and 4th District Court of Appeal Case No. D080378
vii. Sedna Mosley v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVDS2022209
viii. Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVSB2100620
ix. Steve Desrochers v. City of San Bernardino, Workers’ Compensation Case
Nos. ADJ13403664; ADJ9986948; ADJ7808777; ADJ8412423; ADJ2593098;
and ADJ4644505
B) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Significant
exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One
Item
C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
Government Code Section 54956.8
Property: Carousel Mall Property, 43 acres
Agency Negotiator: Charles McNeely, Interim City Manager, or designee Negotiating
Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group)
Under Negotiation: Price and Terms
Packet Page. 672
Regular Meeting Minutes April 19, 2023
Mayor and City Council of the City of San Bernardino Page 3
7:00 PM
INVOCATION AND PLEDGE OF ALLEGIANCE
Council Member Damon Alexander led the Invocation and Girl Scouts Troop #1419 led
the Pledge of Allegiance to the Flag.
CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that there were three items on the agenda for
Closed Session. Item ‘A’ was discussed, and the Mayor and City Council would return
to Closed Session at the conclusion of the Open Session to discuss items ‘B’ and ‘C’.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Paul E. Jones of Independent Trinity Benjamin E. Jones Community Resource
Center led the Invocation and Jazmyn Goumashyan of Cajon High School led the
Pledge of Allegiance to the Flag.
At this time, Mayor Tran re-ordered the agenda. ‘Presentations’ were heard before
‘Public Comments.’
PRESENTATIONS
1.Recognizing and Honoring Arbor Day – April 28, 2023 (All Wards)
Mayor Tran presented a Proclamation to Public Works staff for Arbor Day.
2.Proclamation for National Library Week in the City of San Bernardino –
April 23rd to 29th, 2023 (All Wards)
Mayor Tran presented a Proclamation to the Library Director for National Library
Week.
3.Proclamation for Volunteer Appreciation Month in the City of San
Bernardino – April 2023 (All Wards)
Mayor Tran presented a Proclamation to Parks and Recreation staff for
Volunteer Appreciation Month.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Dave Brown expressed his opposition to grinding concrete in the City.
James Smith provided an update on community events that have occurred since the
last Mayor and City Council meeting.
Al Palazzo shared some ideas he had for the Downtown area and for affordable
housing.
Xandra Vaughn commented that LGBTQ youth are underrepresented in the City.
Frank Montes stated that Council Members should be more responsive to the
community.
Packet Page. 673
Regular Meeting Minutes April 19, 2023
Mayor and City Council of the City of San Bernardino Page 4
Dolores Armstead expressed support for the Carousel Mall property project. She also
informed that the Planning Commission has voted against crushing or grinding concrete
in the City.
Treasure Ortiz stated her opposition to crushing and grinding concrete during demolition
of the Carousel Mall.
Russell Degan provided an update on the Youth Reinvestment Program.
Steve Mitchell spoke in support of Item No. 14.
Tonya Smith asked for more support and housing for the City’s homeless individuals.
Alexia Nevens requested that the homeless encampments be removed from the North
End.
Anthony Neal discussed his new nonprofit agency that helps people get permits for
events.
Lesa Williams stated that the homelessness problem is making the City unsafe for
children because they are being taken away from their parents.
Gregory Dishman expressed support for Item No. 14.
Jose Ballesteros commented that many small businesses in the City are having trouble
getting business licenses.
Peter Densmore spoke in support of the crime-free housing program.
“Less” asked for Code Enforcement to check some of the vacant buildings in the City
because they are a fire hazard.
Luis Ojeda suggested that the Mayor and City Council Members, staff, and directors
have an honest and constructive dialogue with the residents.
Mike Hartley spoke about people dropping their animals off in the street and getting hit
by cars.
Carmen Gallegos opined about fireworks, homelessness, and burned buildings.
Marquis Smith spoke in support of the crime-free housing program.
At this time, the following remote speakers were heard via Zoom:
(Name not given) spoke about the Carousel Mall project, John Valdivia’s court cases,
and meeting minutes.
Georgia Lykouretzos expressed her concern for animals at the City shelter, the
Carousel Mall project, John Valdivia’s court cases, and homelessness.
Packet Page. 674
Regular Meeting Minutes April 19, 2023
Mayor and City Council of the City of San Bernardino Page 5
Paula Plunk asked that the Interim City Manager remove some Public Works staff
members due to negligence.
CITY MANAGER UPDATE
At this time, Jeff Kraus, Public Information Officer, provided city-wide updates.
Highlights included the League of Cities Conference, local business grants, Arbor Day
events, and the upcoming commencement of the Carousel Mall demolition.
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS
At this time, the Mayor and City Council provided updates to the community. Council
Member Alexander, Council Member Calvin, and Mayor Tran attended the League of
California Cities - City Leader Summit April 12th -13th. Council Members Shorett and
Reynoso asked that the meeting be adjourned in honor of resident Ernie Garcia,
namesake of the Garcia Center for the Arts, who recently passed away.
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion
unless a council or staff member has pulled the item for more discussion.
RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO.
8 FOR A SEPARATE VOTE [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT:Sandra Ibarra
4.City Board, Commission, and Citizen Advisory Committee Minutes
Approved in January/February/March 2023
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
receive and file the minutes from the City board, commission, and citizen advisory
committee meetings approved in January, February, and March 2023.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT:Sandra Ibarra
5.Approve a technical correction to increase the Council approved Purchase
Order to NightOps Tactical by $29,529, for a total of $367,152, the cost of
which is covered by Justice Assistance Grant (JAG) funds. (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize:
1.The City Manager to execute amendment No. 1 to the purchase
agreement with NightOps Tactical Incorporated, and
2.The Agency Director of Administrative Services to increase the Council
Packet Page. 675
Regular Meeting Minutes April 19, 2023
Mayor and City Council of the City of San Bernardino Page 6
approved Purchase Order to NightOps Tactical by $29,529, to $367,152.
RESULT: APPROVED AMENDMENT NO. 1 TO THE AGREEMENT (6-0)
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT:Sandra Ibarra
6.Updating Assessment Engineer's Reports – Previously Formed
Landscape and Lighting Maintenance Districts (All Wards)
Recommendation:
It is recommended that the Mayor and City Council adopt Resolution No.
2023-055, initiating proceedings to levy and collect assessments for FY 2023/24
in Assessment Districts pursuant to the Constitution and the City Charter,
appointing the Engineer of Record, and ordering preparation of Engineer’s
Report.
RESULT: ADOPTED RESOLUTION NO. 2023-055 (6-0)
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT:Sandra Ibarra
7. 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 March 2023.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT:Sandra Ibarra
8.Amendment to Professional Services Agreements for Legal Services (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California authorize the City Manager or designee to execute:
1.Second Amendment to the Professional Services Agreement with
Atkinson, Andelson, Loya, Ruud and Romo for representation in the Karen
Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No.
CIVDS2012538;
2.Second Amendment to the Professional Services Agreement with
Atkinson, Andelson, Loya, Ruud and Romo for representation in the
Packet Page. 676
Regular Meeting Minutes April 19, 2023
Mayor and City Council of the City of San Bernardino Page 7
Matthew Brown v. John Valdivia, et al., San Bernardino Superior Court
Case No. CIVDS2025900;
3.Second Amendment to the Professional Services Agreement with
Atkinson, Andelson, Loya, Ruud and Romo for representation in the Don
Smith v. John Valdivia, City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDSB2025375;
4.Second Amendment to the Professional Services Agreement with
Atkinson, Andelson, Loya, Ruud and Romo for representation in the Jackie
Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No.
CIVDS2013562;
5.Second Amendment to the Professional Services Agreement with
Atkinson, Andelson, Loya, Ruud and Romo for the representation in the
Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVDS2012926;
6.Second Amendment to the Professional Services Agreement with
Atkinson, Andelson, Loya, Ruud and Romo for the representation in the
Sedna Moseley v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVDS2022209;
7.Fourth Amendment to the Professional Services Agreement with Lynberg
and Watkins for the representation in the Gary Saenz, et al. v. City of San
Bernardino et al., San Bernardino Superior Court Case No.
CIVDS2003802.
This item was pulled for further discussion. Human Resources Director Susie Soren
explained that these amendments are extensions of agreements that were already
approved by the Council. City Attorney Sonia Carvalho clarified that the agreements
for outside legal services are to defend the City in the stated lawsuits, not to defend
any individual.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT:Sandra Ibarra
9.Accept the BSCC Officer Wellness and Mental Health Grant (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2023-056 authorizing:
1. The City Manager to accept the Board of State and Community
Corrections (BSCC) Officer Wellness Grant.
2. The Agency Director of Administrative Services to amend the FY
2022/23 Adopted Budget appropriating$172,010.25 in both revenue
and expenditures.
Packet Page. 677
Regular Meeting Minutes April 19, 2023
Mayor and City Council of the City of San Bernardino Page 8
RESULT: ADOPTED RESOLUTION NO. 2023-056 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT:Sandra Ibarra
DISCUSSION
10. City Manager Executive Recruitment Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager or his designee to execute a Professional
Services Agreement with Gallagher Benefit Services, Inc., for the executive
recruitment services for the position of City Manager.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT:Sandra Ibarra
Human Resources Director Soren presented this item. She stated that the recruitment
should be completed within 12 weeks, and there would be updates regarding the
process during every Closed Session meeting.
11.Ratify Memorandum of Understanding for Temporary License between
the City of San Bernardino and the San Bernardino City Unified School
District (Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, ratify the Memorandum of Understanding for the Temporary License
between the City of San Bernardino and the San Bernardino City Unified School
District for use of property on Fairfax Elementary School.
Public Works Director Daniel Hernandez presented this item. He advised that this
agreement is required for a temporary road, due to the closure of Cross Street Bridge.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT:Sandra Ibarra
Packet Page. 678
Regular Meeting Minutes April 19, 2023
Mayor and City Council of the City of San Bernardino Page 9
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
12. Consider Removal of Oxbow Cement Pile (Ward 5) Council Member Reynoso
The item was rescinded by Council Member Reynoso and no vote was taken.
13. Volunteer and Interns for Elected Officials (All Wards) – Council Member
Alexander
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT:Sandra Ibarra
14. Mechanisms to require developers to maintain their properties in a
nuisance-free condition following receipt of entitlements/approvals including,
for example, requiring fencing of sites and requiring demolition of structures
within a certain period of time following approval. (All Wards) – Council
Member Figueroa
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT:Sandra Ibarra
At the conclusion of open session items at 9:26 p.m., the Mayor and City Council
returned to closed session to discuss the two remaining closed session items.
CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that there was no reportable action from Closed
Session.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, April 19,
2023, at 10:39 p.m. and a moment of silence observed in memory of Ernie Garcia.
The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, May 3, 2023, in the Council Chamber located at 555 West 6th Street, San
Bernardino, California 92410. Closed Session will begin at 5:30 p.m. Open Session will
begin at 7:00 p.m.
By: _______________________
Genoveva Rocha, CMC
Packet Page. 679
Mayor Helen Tran
City of San Bernardino Council Members
201 North E Street Theodore Sanchez
San Bernardino, CA 92401 Sandra Ibarra
http://www.sbcity.org Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Draft Minutes
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY
FRIDAY, AUGUST 18, 2023
2:00 PM
The Special Closed Session Meeting of the Mayor and City Council of the City of San
Bernardino was called to order at 2:06 PM by Mayor Helen Tran on Wednesday, April 5,
2023, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Via Zoom
Helen Tran Mayor Present
Thomas Rice Assistant City Attorney Present
Telicia Lopez Chief Deputy City Clerk Present
Packet Page. 680
Special Meeting Minutes August 3, 2023
Mayor and City Council of the City of San Bernardino Page 2
2:00 P.M.
PLEDGE OF ALLEGIANCE
Council Member Reynoso led the Pledge of Allegiance.
CLOSED SESSION PUBLIC COMMENTS
Treasure Ortiz stated that in 14 years, the City has yet to keep a City Manager. She
suggested that the Mayor and City Council hold community forums to consider the final
candidates.
Cheryl Brown stated that she has been in San Bernardino since 1953. She compared the
instability of San Bernardino with more stable surrounding cities. She stated that she would
like Interim City Manager Charles McNeely to stay in the position for a longer time.
Prior to convening to Closed Session, Council Member Calvin made a motion to continue
Item A for 120 days, so resumes may continue to be reviewed for the recruitment. The
motion was seconded by Council Member Reynoso.
RESULT: CONTINUE ITEM FOR 120 DAYS FOR FURTHER CONSIDERATION
[FAILED 2-5]
MOVER: Kimberly Calvin, Council Member, Ward 6
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Reynoso, Calvin
NOES: Sanchez, Ibarra, Figueroa, Shorett, Alexander
CLOSED SESSION
A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code
Section 54957)
City Manager
CLOSED SESSION REPORT
Assistant City Attorney Thomas Rice informed that there was no formal reportable
action.
ADJOURNMENT
The Special Closed Session of the Mayor and City Council was adjourned on Thursday,
August 3, 2023 at 6:07 PM.
The next special meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on Monday,
August 21, 2023, at the Multi-Purpose Room (2nd floor) located at 201 North E Street,
Suite B, San Bernardino, California 92401.The Special Meeting will begin at 5:30 p.m.
By:______ __ ______________
Genoveva Rocha, CMC
Packet Page. 681
Mayor Helen Tran
City of San Bernardino Council Members
201 North E Street Theodore Sanchez
San Bernardino, CA 92401 Sandra Ibarra
http://www.sbcity.org Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Draft Minutes
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY
MONDAY, AUGUST 21, 2023
5:30 PM
The Special Closed Session Meeting of the Mayor and City Council of the City of San
Bernardino was called to order at 5:36 PM by Mayor Helen Tran on Monday, August 21,
2023, at the Multipurpose Conference Room, 2nd Floor, 201 North E Street, San
Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Arrived at 5:50 PM
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Via Zoom
Helen Tran Mayor Present
Thomas Rice Assistant City Attorney Present
Telicia Lopez Chief Deputy City Clerk Present
Packet Page. 682
Special Meeting Minutes August 21, 2023
Mayor and City Council of the City of San Bernardino Page 2
5:30 P.M.
PLEDGE OF ALLEGIANCE
Council Member Shorett led the Pledge of Allegiance.
CLOSED SESSION PUBLIC COMMENTS
Stan Futch (phonetic spelling), President of the Westside Action Group, stated that the
City deserves for the highest quality City Manager to be chosen.
CLOSED SESSION
A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section
54957)
City Manager
B) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code
Section 54957.6)
Unrepresented employee: City Manager
CLOSED SESSION REPORT
Assistant City Attorney Thomas Rice informed that there was no formal reportable
action, but there would be another Special Closed Session on Monday, August 28th.
ADJOURNMENT
The Special Closed Session of the Mayor and City Council was adjourned on Thursday,
August 18, 2023 at 7:16 PM.
The next regular meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, August 24, 2023, at Feldheym Central Library, 555 W. 6th St., San
Bernardino, California 92401. Closed Session will begin at 5:30 p.m. Open session will
begin at 7:00 p.m.
By:______ __ ______________
Genoveva Rocha, CMC
Packet Page. 683
2
0
7
8
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
C. Jeannie Fortune, Interim Director of Finance & Management
Services
Department:Finance & Management Services
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 July 2024.
Executive Summary
This action is to approve the commercial and payroll disbursements. This is regular
business of the Mayor and City Council ensuring that the City pays vendors,
employees, and the retirement system timely, accurately and with full transparency for
the community.
Background
Completed commercial and payroll disbursement registers are submitted to the Mayor
and City Council for approval. This happens on a regular basis, typically every meeting
for the most recently completed disbursement registers.
The detailed warrant registers are available on the City Website and are updated
weekly by the Finance Department. The registers may be accessed by copying the
following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
Packet Page. 684
2
0
7
8
Discussion
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll
disbursements align with Key Target No. 1: Improved Operational & Financial Capacity
by creating a framework for spending decisions.
Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts
were paid consistent with existing budget authorization and 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 July 2024.
Attachments
Attachment 1 Payroll Summary Report for July 2024
Attachment 2 Commercial checks & Payroll Register #1
Attachment 3 Commercial checks & Payroll Register #2
Attachment 4 Commercial checks & Payroll Register #3
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
Gross Payroll
Bi-Weekly for July 7, 2024 $3,272,733.12
Monthly for July 15, 2024 $26,950.00
Total Payroll Demands: $3,299,683.12
The following check registers are being presented for approval:
July 3, 2024 2024/25 (Regi ster #1)$482,556.43
July 11, 2024 2024/25 (Regi ster #2)$2,955,736.26
July 18, 2024 2024/25 (Regi ster #3)$1,673,997.75
Total commercial check demands:$5,112,290.44
Packet Page. 685
Packet Page. 686
Packet Page. 687
Packet Page. 688
Packet Page. 689
Packet Page. 690
Packet Page. 691
Packet Page. 692
Packet Page. 693
Packet Page. 694
Packet Page. 695
Packet Page. 696
Packet Page. 697
Packet Page. 698
Packet Page. 699
Packet Page. 700
Packet Page. 701
Packet Page. 702
Packet Page. 703
Packet Page. 704
Packet Page. 705
Packet Page. 706
Packet Page. 707
Packet Page. 708
Packet Page. 709
Packet Page. 710
Packet Page. 711
Packet Page. 712
Packet Page. 713
Packet Page. 714
Packet Page. 715
Packet Page. 716
Packet Page. 717
Packet Page. 718
Packet Page. 719
Packet Page. 720
Packet Page. 721
Packet Page. 722
Packet Page. 723
Packet Page. 724
Packet Page. 725
Packet Page. 726
Packet Page. 727
Packet Page. 728
Packet Page. 729
Packet Page. 730
Packet Page. 731
Packet Page. 732
Packet Page. 733
Packet Page. 734
Packet Page. 735
Packet Page. 736
Packet Page. 737
Packet Page. 738
Packet Page. 739
2
2
6
4
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Rolland Kornblau, Director of Information Technology
Department:Information Technology
Subject:Accept Grant Funds from the California Emerging
Technology Fund to Advance Digital Equity (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-185:
1. Authorizing the City Manager or designee to accept grant award funds in the
amount of $1,000 from the California Emerging Technology Fund to; and
2. Authorizing the City Manager or designee to conduct all negotiations, signing,
and submittals of necessary documents to receive the grant award funds; and
3. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 budget in both revenues and expenses and appropriate $1,000 in grant
award funds to be used towards advancing digital equity.
Executive Summary
On July 12, 2024, the City of San Bernardino received notice that it was awarded
$1,000 from the California Emerging Technology Fund (CETF), a technology based
non-profit agency. These funds shall be used for any purpose to advance digital
equity.
Background
The California Emerging Technology Fund (CETF) was established as a non-profit
corporation pursuant to orders from the California Public Utilities Commission (CPUC)
in approving the mergers of SBC-AT&T and Verizon-MCI in 2005. Since its inception,
the CETF provides leadership statewide to close the “Digital Divide” by accelerating
the deployment and adoption of broadband to unserved, underserved
communities and populations, through initiatives and funding opportunities.
Packet Page. 740
2
2
6
4
Discussion
In April 2024, the City was invited to participate in one of the Online Digital Equity
Workshops offered on April 11th or May 17th hosted by the CETF. Local governments
attending at least one webinar were eligible to submit to the CETF a check list on Best
Practices to Achieve Digital Equity. This check list is a self-assessment to assess and
benchmark efforts by Counties and Cities to close the digital divide, promote digital
inclusion, and achieve digital equity. For completing the checklist, cities would receive
$1,000 from the CETF for any purpose to advance digital equity.
Staff attended the webinar and submitted the checklist prior to the May 31, 2024
deadline. The City of San Bernardino received the grant award notification with the
$1,000 check enclosed on July 12, 2024. Staff will assess the status of current
technology projects that may leverage the use of CETF funds in a manner consistent
with grant requirements to advance digital equity.
2021-2025 Strategic Targets and Goals
The request to accept grant funds from the California Emerging Technology Fund
aligns with Strategic Target No. 2. Focused, Aligned Leadership and Unified
Community and Strategic Target No. 4 Economic Growth & Development, through
efforts to advance digital equity to benefit underserved residents and businesses.
Fiscal Impact
There is no fiscal impact to the General Fund. The FY 2024/25 operating budget will
be amended by $1,000 in both revenues and expenditures.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-185:
1. Authorizing the City Manager or designee to accept grant award funds in the
amount of $1,000 from the California Emerging Technology Fund to; and
2. Authorizing the City Manager or designee to conduct all negotiations, signing,
and submittals of necessary documents to receive the grant award funds; and
3. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 budget in both revenues and expenses and appropriate $1,000 in grant
award funds to be used towards advancing digital equity.
Attachments
1. Attachment 1- Resolution 2024-185
2. Attachment 2-Award Letter from the California Emerging Technology Fund
Ward:
All Wards
Synopsis of Previous Council Actions:
No prior action.
Packet Page. 741
Resolution No. 2024-185
Resolution No. 2024-185
August 21, 2024
Page 1 of 3
RESOLUTION NO. 2024-185
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
ACCEPT THE GRANT AWARD FOR ADVANCING
DIGITAL EQUITY PURPOSES FROM THE CALIFORNIA
EMERGING TECHNOLOGY FUND (CETF) IN THE
AMOUNT OF $1,000, AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO CONDUCT ALL
NEGOTIATIONS, SIGNING AND SUBMITTALS OF
NECESSARY DOCUMENTS TO RECEIVE THE GRANT
AWARD, AND AUTHORIZING THE DIRECTOR OF
FINANCE AND MANAGEMENT SERVICES TO AMEND
THE FY 2024/25 OPERATING BUDGET IN THE AMOUNT
OF $1,000 IN BOTH REVENUE AND EXPENDITURES TO
APPROPRIATE THE CETF GRANT AWARD.
WHEREAS, the California Emerging Technology Fund (CETF), a non-profit
corporation, has been delegated responsibility by the California Public Utilities Commission
(CPUC) for the purpose of closing the digital divide; and
WHEREAS, the Information Technology Department staff participated in the Local
Government Digital Equity Best Practices Check List Webinar, then submitted the Digital Equity
Best Practices Checklist in May 2024 to receive a grant award; and
WHEREAS, the Information Technology Department staff received a grant award letter
and a check in the amount of $1,000 for any purpose to advance digital equity.
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, Mayor and City Council hereby authorize the City Manager or designee to
accept the grant award from the CETF in the amount of $1,000; and
SECTION 3. Mayor and City Council of City of San Bernardino hereby authorize the
City Manager or designee to conduct all negotiations, signing, and submittals of necessary
documents to receive the CETF grant award; and
SECTION 4. Mayor and City Council of City of San Bernardino hereby authorize the
Director of Finance and Management Services to amend the FY 2024/25 Operating Budget in the
amount of $1,000 in both revenues and expenditures to appropriate the CETF grant award.
Packet Page. 742
Resolution No. 2024-185
Resolution No. 2024-185
August 21, 2024
Page 2 of 3
SECTION 5. The Mayor and 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 21st day of August 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 743
Resolution No. 2024-185
Resolution No. 2024-185
August 21, 2024
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-185, adopted at a regular meeting held on the 21st day of August 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of August 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 744
Packet Page. 745
2
1
9
8
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager; Ed Erjavek, Library
Director
Department:Library
Subject:Accept Donation and Budget Amendments (All Wards)
Recommendation:
Adopt Resolution No. 2024-186 of the Mayor and City Council of the City of San
Bernardino, California:
1. Accepting funding of $53,508.17 from the Imperial County Office of Education
(ICOE), $10,230.75 from the Inland Library System (ILS) and $212 of donations
from the San Bernardino Emblem Club No. 178.
2. Authorizing the Interim Director of Finance and Management Services to
amend the FY 2024/25 Adopted Budget for the Library including $63,950.92 in
both revenues and expenditures.
Executive Summary
The Library receives its internet access as part of a consortium organized by the
California State Library serving 160 public libraries in the state. Library pays its bills in
full and then is later reimbursed 90% of that cost with funding from the Federal E-Rate
program, which is the ICOE funding. The ILS funding is for electronic resources –
Overdrive eBooks and eAudiobooks. Two donations of $212 were received from the
San Bernardino Emblem Club No. 178 for children’s projects and/or books.
Background
The Library participates in a consortium organized by the California State Library (CSL)
that provides internet access to approximately 160 public libraries throughout the state.
The Library pays its quarterly bills in full and is later reimbursed some 90% of the cost
funded by the federal E-Rate program, which provides funding for public libraries to
provide internet access to patrons. The CSL utilizes a vendor – ICOE – as the
Statewide Broadband Aggregator for managing contracts, invoices and
reimbursements for the participating Libraries in the consortium so the reimbursement
Packet Page. 746
2
1
9
8
comes from it. This is not a grant. The CSL describes this funding as a program.
As a member of the Inland Library System, San Bernardino Public Library receives
funding from the California State Library’s California Library Services Act for its
cooperative efforts, so this year’s amount is $10,230.75. This is not a grant. Since this
funding is for electronic resources for Library patrons, it would be used to purchase
Overdrive eBooks and eAudiobooks.
Two donations for $212 were received from the San Bernardino Emblem Club No. 178
for children’s projects and/or books.
Discussion
The ICOE funds listed above need to be added to the Library revenue and expense
budget. Among the possible uses for the benefit of Library patrons include books,
eBooks and eAudiobooks and other special projects not already covered in the budget
that may arise during the fiscal year. ILS funding would be utilized for Overdrive
content. Plans are to utilize the $102 donation from the San Bernardino Club No. 178
for children’s books.
2021-2025 Strategic Targets and Goals
The acceptance and administration of this funding aligns with Key Target No. 1:
Financial Stability and Key Target No. 3: Improved Quality of Life, with customer
service.
Fiscal Impact
There is no net impact to the General Fund with this recommendation. The General
Fund FY 2024/25 Operating Budget will be amended by $53,610.17 in both revenue
and expenditures.
Conclusion
Adopt Resolution No. 2024-186 of the Mayor and City Council of the City of San
Bernardino, California, approving:
1. Accepting funding of $53,508.17 from the Imperial County Office of Education
(ICOE), $10,230.75 from the Inland Library System (ILS) and $212 of donations
from the San Bernardino Emblem Club No. 178.
2. Authorizing the Interim Director of Finance and Management Services to
amend the FY 2024/25 Adopted Budget for the Library including $63,950.92 in
both revenues and expenditures
Attachments
Attachment 1 - Resolution 2024-186
Attachment 2 - Inland Library System Funding Letter
Attachment 3 - San Bernardino Emblem Club No. 178 Donation Letters
Packet Page. 747
2
1
9
8
Ward:
All
Synopsis of Previous Council Actions:
March 1, 2023 Adopted Resolution No. 2023-033 of the Mayor and City Council
of the City of San Bernardino, California:
1. Accepting funding of $10,303 from the Inland Library System,
$8,671.27 from CTC Technology and $200 from San Bernardino
Emblem Club No. 178. 2. Authorizing the Agency Director of
Administrative Services to amend the FY 2022/23 Adopted Budget
for the Library including $19,174.27 in both revenues and
expenditures.
December 1, 2021 The Mayor and City Council adopted Resolution No. 2021- 289 for
Fiscal Year 2021/22 1ST Quarter Report including $3,345 of
funds from the ILS for electronic resources and $12,000 in
unbudgeted E-Rate funding revenue.
Packet Page. 748
Resolution No. 2024-186
Resolution 2024-186
August 21, 2024
Page 1 of 3
5
0
2
2
RESOLUTION NO. 2024-186
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ACCEPTING FUNDING OF $53,508.17 FROM THE
IMPERIAL COUNTY OFFICE OF EDUCATION (ICOE),
$10,230.75 FROM THE INLAND LIBRARY SYSTEM (ILS)
AND DONATIONS OF $212 FROM THE SAN BERNARDINO
EMBLEM CLUB NO. 178 AND AUTHORIZING THE
INTERIM DIRECTOR OF FINANCE AND MANAGEMENT
SERVICES TO AMEND THE FY 2024/25 ADOPTED
BUDGET FOR THE LIBRARY INCLUDING $63,950.92 IN
BOTH REVENUES AND EXPENDITURES.
WHEREAS, the City of San Bernardino is accepting funding of $53,508.17 from the
ICOE, $10,230.75 from the Inland Library System (ILS) and donations of $212 from the San
Bernardino Emblem Club No. 178; and
WHEREAS, among the possible uses of the ICOE funds for the benefit of Library patrons
include books, eBooks and eAudiobooks and other special projects not already covered in the
budget that may arise during the fiscal year. The ILS funds specifically are for Overdrive eBook
and eAudiobooks. Plans are to utilize $212 of donations from the San Bernardino Club No. 178
for children’s books.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize
the Interim Director of Finance & Management Services to amend and appropriate $53,610.17 in
both revenues and expenditures to the Library the Fiscal Year 2024 – 2025 Operating Budget.
SECTION 3.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
Packet Page. 749
Resolution No. 2024-186
Resolution 2024-186
August 21, 2024
Page 2 of 3
5
0
2
2
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 21st day of August 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 750
Resolution No. 2024-186
Resolution 2024-186
August 21, 2024
Page 3 of 3
5
0
2
2
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. 2024-186, adopted at a regular meeting held on the 21st day of August 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 751
Packet Page. 752
Packet Page. 753
Packet Page. 754
2
2
4
1
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Ed Erjavek, Library Director
Department:Library
Subject:Amendment No. 3 to Goods Purchase Agreement with
Ingram Library Services, LLC. (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute Amendment No. 3 to the Goods
Purchase Agreement with Ingram Library Services, LLC, for a one-year option for
Fiscal Year 2024/25 and increasing the annual amount by $65,000 for a not-to exceed
amount of $150,000 for the purchase of library books and authorize the Interim
Director of Finance and Management Services to approve a purchase order for an
amount not to exceed $150,000.
Executive Summary
This Goods Purchase Agreement amendment is third and final annual option for the
purchase of library books including their cataloging and processing with Ingram Library
Services, LLC, to provide books for Library patrons for an amount not to exceed
$150,000 in Fiscal Year 2024/25. This amendment is an increase of $65,000 from the
not to exceed amount of $85,000 for the previous amendment that expired June 30,
2024 with the conclusion of the previous fiscal year.
Background
The Library posted RFQ F-21-25 through the Finance Department seeking proposals
for book purchases, including cataloging and processing of books, for Fiscal Year
2021/22, with three possible one-year extensions. The RFQ opened on April 15, 2021
and closed on April 30, 2021 seeking a not-to-exceed amount of $45,000 since that
was the Library’s annual book purchasing budget for Fiscal Year 2020/21. The Library
was fortunate to have an increase of $40,000 to $85,000 later approved by the Mayor
and City Council for each Fiscal Year 2021/2022, 2022/2023 and 2023/24, therefore
$85,000 has been the amount of annual amendments. The Library is fortunate to have
Packet Page. 755
2
2
4
1
more money approved for books in Fiscal Year 2024/25, so that’s why an increase
from $85,000 to $150,000 is requested. Ingram was one of two bids received by the
Finance Department’s Purchasing Division.
On Sept. 1, 2021, the Mayor and City Council Adopted Resolution No. 2021-215 of the
Mayor and City Council of the City of San Bernardino, California, approving an
agreement award with Ingram Library Services, LLC, for the purchase of library books
in an amount not to exceed $85,000 for Fiscal Year 2021/22.
On October 5, 2022, for Fiscal Year 2022/23 the Mayor and City Council of the City of
San Bernardino, California, authorized the Library Director to execute Amendment No.
1 to the agreement between San Bernardino Public Library (SBPL) and Ingram Library
Services, LLC, for the purchase of library books and authorize the Agency Director of
Administrative Services to approve an annual purchase order for an amount not to
exceed $85,000.
For Fiscal Year 2023/24, the City Manager executed Amendment 2 for an amount not
to exceed $85,000 as that amount was within the City Manager’s signature authority
for up to $100,000 before Mayor and City Council approval was required.
For Fiscal Year 2023/24, the City Manager executed Amendment 2 for an amount not
to exceed $85,000 as that amount was within the City Manager’s signature authority
for up to $100,000 before Mayor and City Council approval was required.
The Library provides books for our patrons at its four locations to further their
educational, cultural, and recreational interests.
Discussion
The proposed contract extension is warranted because of staff satisfaction with the
vendor. Ingram offers books from most book publishers to public libraries to simplify
the book ordering process. It also catalogs and processes books so when the Library
receives its books, they are soon ready for patrons to check out. Staff is satisfied with
Ingram for its wide range of books available for all types of readers including Spanish
language materials, its ability to fill orders with minimal cancellations and providing
books that are in stock within several days.
2021-2025 Strategic Targets and Goals
The request to purchase library books for the educational, cultural, and recreational
interests of our patrons aligns with Key Target No. 3: Improved Quality of Life.
Fiscal Impact
The fiscal impact for this item is a not-to-exceed amount of $150,000. Sufficient budget
is available in the Library's FY 2024/25 budget to support this.
Packet Page. 756
2
2
4
1
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute Amendment No. 3 to the Goods
Purchase Agreement with Ingram Library Services, LLC, for a one-year option for
Fiscal Year 2024/25 and increasing the annual amount by $65,000 for a not-to exceed
amount of $150,000 for the purchase of library books and authorize the Interim
Director of Finance and Management Services to approve a purchase order for an
amount not to exceed $150,000.
Attachments
Attachment 1 - Amendment 3
Attachment 2 - Amendment 2
Attachment 3 - Amendment 1
Attachment 4 - Original Agreement
Ward:
All Wards
Synopsis of Previous Council Actions:
Oct. 5, 2022 The Mayor and City Council of the City of San Bernardino,
California, authorize the Library Director to execute Amendment No.
1 to the agreement between San Bernardino Public Library (SBPL)
and Ingram Library Services, LLC, for the purchase of library books
and authorize the Agency Director of Administrative Services to
approve an annual purchase order for an amount not to exceed
$85,000.
Sept. 1, 2021 The Mayor and City Council adopted Resolution No. 2021-215,
approving an agreement with Ingram Library Services, LLC.
Packet Page. 757
Packet Page. 758
Packet Page. 759
Packet Page. 760
Packet Page. 761
Packet Page. 762
Packet Page. 763
Packet Page. 764
Packet Page. 765
Packet Page. 766
Packet Page. 767
Packet Page. 768
Packet Page. 769
Packet Page. 770
Packet Page. 771
Packet Page. 772
Packet Page. 773
Packet Page. 774
Packet Page. 775
Packet Page. 776
Packet Page. 777
Packet Page. 778
Packet Page. 779
Packet Page. 780
Packet Page. 781
2
2
5
3
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works, Operations, and
Maintenance
Department:Public Works
Subject:Five-Year Capital Improvement Plan FY 2024/25 to FY
2028/29 for Measure I Local Expenditures
(All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2024-187 approving the Measure I Five-Year Capital
Improvement Plan for Fiscal Year 2024/25 through Fiscal Year 2028/29 and
Measure I Expenditure Strategy.
Executive Summary
Adoption of Resolution No. 2024-187 will approve the Five-Year Measure I Capital
Improvement Plan (MICIP) and approve the Measure I Expenditure Strategy. The
Resolution is required to continue to receive Measure I Local Street Project Funds
(Local Funds). The projects identified in the Resolution have been previously
identified in the City’s Capital Improvement Plan and will not impact the General
Fund.
Background
In November 1989, voters approved Measure I that authorized the San Bernardino
County Transportation Authority (SBCTA) to impose a one-half of one percent retail
transaction and use tax. This tax was applicable throughout the County for a period of
20 years beginning April 1, 1990, and extending to March 31, 2010, and is commonly
known as the 1/2-Cent Sales and Road Tax (Measure I). In November 2004, voters
approved an extension of the 1/2-cent sales tax for an additional 30 years from April
1, 2010, through March 31, 2040.
Discussion
The City is required to adopt a Five-Year MICIP annually. This plan identifies
projects and the estimated Measure I expenditures. This is an annual requirement
Packet Page. 782
2
2
5
3
to continue to receive Local Funds. Local Funds can be spent on any eligible
transportation purpose determined to be a local priority. This includes improvements
for local streets, major highways, state highway, transit, and other improvements
that maximize the use of transportation facilities. Expenditure of Local Funds shall
be based upon a Five-Year MICIP adopted annually by the governing body of each
jurisdiction after being made available for public review and comment.
The Five-Year MICIP only relates to the expenditure of Measure I funds, and each
agency is required to update their plan annually. If approved, the City would be
committed to expending funds in accordance with the first year of the MICIP. The
second through fifth years are estimates for planning purposes and the MICIP will
be evaluated annually to update projects and estimates identified in future years.
The proposed Resolution includes language asserting that the City of San
Bernardino will meet its base year level Maintenance of Effort of approximately
$1,075,643 for FY 2024/25. Pursuant to Policy VLS-25 of the Measure I Strategic
Plan, jurisdictions provide an annual statement in the resolution of the governing
body adopting the Five-Year MICIP which acknowledges that the jurisdiction will
maintain General Fund expenditures for transportation related construction and
maintenance activities at the required base year level within the fiscal year.
City staff is also recommending approval of the proposed Five-Year MICIP for FY
2024-2029 included as Exhibit A of the Resolution. The projects shown in the five
years of the MICIP reflect the projects and budget amounts included in the City's
previously adopted Capital Improvement Plan budget. However, only projects in the
first year of the budget are funded in FY 2024/25. The City is projected to receive
$5,833,203 in Measure I pass-thru funds for fiscal year 2024/25 and Exhibit A of the
Resolution indicates the way those funds have been allocated in the City’s Capital
Improvement Budget. SBCTA also requires the local agencies to provide an
"Expenditure Strategy", included as Exhibit B of the Resolution.
Changes to the MICIP during the year are permitted, subject to approval of plan
amendments by Resolution of the Mayor and City Council.
2021-2025 Strategic Targets and Goals
The Measure I Five-year MICIP is consistent with Key Target No. 1d: Improved
Operational & Financial Capacity - Create a framework for spending decisions as it
reflects the most current and highest priority need for use of Measure I Funds in FY
2024/25.
Fiscal Impact
Total projected Measure I funds to be received in FY 2024/25 is $5,833,203 and the
City of San Bernardino’s base year level Maintenance of Effort is projected to be
$1,075,643. The projects listed in the proposed Five-Year MICIP Fiscal Year
2024/25 - 2028/29 for Measure I Local Expenditures for the City of San Bernardino
have previously been identified in the City's Capital Improvement Plan.
Packet Page. 783
2
2
5
3
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2024-187 approving the Measure I Five-Year Capital
Improvement Plan for Fiscal Year 2024/25 through Fiscal Year 2028/29 and
Measure I Expenditure Strategy.
Attachments
1. Attachment 1 Resolution 2024-187
2. Attachment 2 Exhibit A – Measure I Local Pass-Through Plan FY24/25-
28/29
3. Attachment 3 Exhibit B – Measure I CIP Expenditure Strategy
Ward:
All Wards
Synopsis of Previous Council Actions:
June 2, 2021 Resolution No. 2021-130 adopted the Revised Five-Year
Measure I Capital Improvement Program for
FY 2020/21 – FY 2024/25
July 21, 2021 Resolution No. 2021-182 adopted the Five-Year
Measure I Capital Improvement Program for
FY 2021/22 – FY 2025/26
June 15, 2022 Resolution No. 2022-133 adopted the Revised Five-Year
Measure I Capital Improvement Program for
FY 2022/23 – FY 2026/27
July 15, 2022 Resolution No. 2022-1350 adopted the Revised Five-Year
Measure I Capital Improvement Program for
FY 2022/23 – FY 2026/27
October 4, 2023 Resolution No. 2023-155 adopted the Revised Five-Year
Measure I Capital Improvement Program for
FY 2023/24 – FY 2027/28
Packet Page. 784
Resolution No. 2024-187
Resolution 2024-187
August 21, 2024
Page 1 of 3
RESOLUTION NO. 2024-187
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING THE MEASURE I FIVE-YEAR CAPITAL
IMPROVEMENT PLAN FOR FY2024/2025 THROUGH
FY2028/2029
WHEREAS, San Bernardino County voters approved passage of Measure I in November
2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of
one percent retail transactions and use tax applicable in the incorporated and unincorporated
territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement and
traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-
01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from
the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan;
and
WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require
each local jurisdiction to maintain General Fund expenditures for transportation-related
construction and maintenance activities at the required Maintenance of Effort base year level in
each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of San
Bernardino is $1,075,643 ; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby approves
the Five-Year Capital Improvement Plan (FY 24/25 through FY 28/29) for Measure I Local
Expenditures (MICIP) attached hereto and incorporated herein as Exhibit ‘A’.
SECTION 3. The Mayor and City Council of the City of San Bernardino hereby approves
the Expenditure Strategy attached hereto and incorporated herein as Exhibit ‘B’.
SECTION 4. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
Packet Page. 785
Resolution No. 2024-187
Resolution 2024-187
August 21, 2024
Page 2 of 3
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 21st day of August 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 786
Resolution No. 2024-187
Resolution 2024-187
August 21, 2024
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-187, adopted at a regular meeting held on the 21st day of August 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 787
Packet Page. 788
EXHIBIT B
CITY OF SAN BERNARDINO
MEASURE I CAPITAL IMPROVEMENT PLAN
EXPENDITURE STRATEGY
Fiscal Year 2024/2025 to 2028/2029
The City of San Bernardino will continue to place emphasis on both its regional and sub-regional
arterial roadway system. At least fifty percent of the City's Measure I allocation will be earmarked
for specific capital projects that are geared toward improving traffic flow and motorist
convenience. Failing pavement surfaces will be rehabilitated and traffic striping modified as
needed to accommodate increased traffic demand; and intersection capacity will be improved with
new and modified traffic signals.
In addition to the above Capital Improvement Program, San Bernardino will continue to allocate
up to fifty percent of its annual Measure I funds towards public works maintenance activities.
Maintenance work will continue to include the City's traffic signal systems, sidewalk and curb
repair, and pavement repair and overlay on the local street system.
Packet Page. 789
2
1
6
7
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works, Operations and
Maintenance
Department:Public Works
Subject:Agreement with Espinoza Electric, dba Quality Electric
and Horizon Lighting for Street Light Maintenance and
Related Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Maintenance Services Agreement with
Espinoza Electric dba: Quality Light & Electrical; and
2. Execute a second Maintenance Services Agreement with Horizon Lighting for
street light maintenance and related services; and
3. Authorize the Director of Finance and Management Services to issue a purchase
order in the amount of $750,000 to Espinoza Electric dba: Quality Light &
Electrical, Inc.; and
4. Authorize the Director of Finance and Management Services to issue a second
purchase order in the amount of $750,000 to Horizon Lighting.
Executive Summary
Public Works is requesting a purchase order in the amount of $750,000 for Espinoza
Electric dba: Quality Light & Electrical and a second purchase order in the amount of
$750,000 for Horizon Lighting for street light maintenance and City-wide street light
repairs. This amount is consistent with the projected street light maintenance and repair
for this fiscal year due to increased vandalism and copper theft.
Packet Page. 790
2
1
6
7
Background
The Operations and Maintenance Division (O&M) of the Public Works Department is
responsible for the maintenance, repair, beautification, and clean-up of City-owned
infrastructure and rights of way. In conjunction with the Public Work’s Engineering
Division, it is also responsible for ensuring the City’s streetlights are properly
maintained, inspected, upgraded, and repaired as needed. Routine inspections and
maintenance of streetlights is largely performed by in-house staff that are part of the
Traffic and Lighting work section of the O&M Division.
An ongoing issue for the State of California, and especially the City of San Bernardino,
is the amount of vandalism and copper theft that is occurring, which is costing additional
time and materials to repair. The Operations and Maintenance division of Public Works
is very focused on maintaining the streetlights and one creative way to go about this is
with LED and solar lighting.
Discussion
The City of San Bernardino has nearly 9,500 streetlights throughout its city limits with
an additional 10,500 streetlights belonging to Southern California Edison. These
streetlights are in neighborhoods, main arterial roads, school crossings, and other
areas. Annually, many of these streetlights require maintenance and repair using in-
house staff and contractual services. Currently, there are many inoperable streetlights
due to repeated vandalism and copper theft. These maintenance services agreements
are part of a larger effort to return the City’s Street lighting infrastructure to a
manageable level of operation. As part of this larger effort, other alternatives, such as
LED lighting and solar lighting are being incorporated into the existing infrastructure.
These contracts will allow the City to procure these services from both selected vendors
along with the typical maintenance and repair services required. It is important to note
that national supply chain shortages and cost increases have made repairing streetlights
in a timely manner challenging for staff; however, staff believes these streetlight
maintenance services agreements will greatly improve our response times in the repair
and restoration of streetlights City-wide.
In January of 2024, the Operations and Maintenance Division of Public Works worked
with the Finance Department and initiated a formal bid process to solicit quotes for
streetlight maintenance and repair services in Request for Quotes No. F-23-47B.
Notices were posted on the City’s website. The results of the bid opening yielded seven
vendors which were reviewed by Procurement for compliance with mandatory
requirements.
At the recommendation of the Purchasing Division, two vendors were selected for the
award of this solicitation. Staff believes selecting two vendors to split the requirements
of street light maintenance and repair services will greatly enhance response times and
reduce the burden of responsibilities from each respective contractor. As a result, there
will be two separate maintenance services agreements for this effort, each valued at
$750,000 for a total of $1,500,000.
Packet Page. 791
2
1
6
7
This bid solicitation was awarded based on the lowest quoted price for the most typical
streetlight maintenance services the City requires. Hourly rates were compared between
all vendors, along with compliance and other requirements. The results of this bid
solicitation were as follows:
BIDDER CITY Hourly Rate Avg.
(General Repair
and Maintenance)
Hourly Rate Avg.
(Base
Replacement)
Horizon Lighting Irvine, CA $99.95 $99.95
Espinoza Electric
dba: Quality Light
& Electrical
Bloomington,
CA
$90.00 $135.00
Advanced Lighting
Services, Inc.
Dublin, CA $147.00 $147.00
Amtek Construction Orange, CA $149.20 $149.20
Tanko Lighting San Francisco,
CA
$253.13 $3,150
CT Electric Highland, CA $122.50 $122.50
Huntington Beach
Electric, Inc.
Huntington
Beach, CA
$237.50 $105.00
Please Note: The above hourly rates are averaged for vendors
that applied volume discounts.
Both Quality Light & Electrical and Horizon Lighting are reputable vendors for streetlight
maintenance and repair services in Southern California. Staff is confident they are
qualified to provide the services required under each maintenance service agreement.
Additionally, Quality Electric has previously provided services to the City and is a vendor
in good standing.
The term of the proposed agreements shall be from August 21, 2024, to June 30, 2025,
with no more than four (4) additional option years should the City opt to renew them on
an annual basis at the expiration of the first term of services.
2021-2025 Strategic Targets and Goals
This project is consistent with several goals and targets. It is aligned with Strategic Goal
No. 3c: Improved Quality of Life - Constantly evaluate public safety service delivery
models to enhance the quality of service, and Strategic Goal No. 3d: Improved Quality
of Life - Improve the City appearance, cleanliness, and attractiveness. The
recommended maintenance services agreements will ensure City streetlights are
properly maintained and repaired as needed in all economic corridors, neighborhoods,
major thoroughfares, parks, and secondary streets.
Packet Page. 792
2
1
6
7
Fiscal Impact
The fiscal impact of this item is $1,500,000. Each contract is set to not exceed $750,000.
There is sufficient budget within the Department’s Operating Budget for FY 2024/25 to
fund this agreement.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Maintenance Services Agreement with
Espinoza Electric dba: Quality Light & Electrical; and
2. Execute a second Maintenance Services Agreement with Horizon Lighting for
street light maintenance and related services; and
3. Authorize the Director of Finance and Management Services to issue a purchase
order in the amount of $750,000 to Espinoza Electric dba: Quality Light &
Electrical, Inc.; and
4. Authorize the Director of Finance and Management Services to issue a second
purchase order in the amount of $750,000 to Horizon Lighting.
Attachments
Attachment 1 Horizon Lighting Maintenance Services Agreement
Attachment 2 Summarized Cost Sheets
Attachment 3 Bid Documents – RFQ F-23-47B
Attachment 4 Espinoza Electric dba: Quality Light & Electrical Maintenance
Services Agreement
Ward:
All Wards
Synopsis of Previous Council Actions:
April 21, 2021 Mayor and City council Adopted resolution 2021-95
April 18,2018 Mayor and City council Adopted resolution 2018-112
Packet Page. 793
Packet Page. 794
Packet Page. 795
Packet Page. 796
Packet Page. 797
Packet Page. 798
Packet Page. 799
Packet Page. 800
Packet Page. 801
Packet Page. 802
Packet Page. 803
Packet Page. 804
Packet Page. 805
Packet Page. 806
Packet Page. 807
Packet Page. 808
Packet Page. 809
Packet Page. 810
Packet Page. 811
Packet Page. 812
Packet Page. 813
Packet Page. 814
Packet Page. 815
Packet Page. 816
Packet Page. 817
Packet Page. 818
Packet Page. 819
Packet Page. 820
Packet Page. 821
Packet Page. 822
Packet Page. 823
Packet Page. 824
Packet Page. 825
Packet Page. 826
Packet Page. 827
Packet Page. 828
Packet Page. 829
Packet Page. 830
Packet Page. 831
Packet Page. 832
Packet Page. 833
Packet Page. 834
Packet Page. 835
Packet Page. 836
Packet Page. 837
Packet Page. 838
Packet Page. 839
Packet Page. 840
Packet Page. 841
Packet Page. 842
Packet Page. 843
Packet Page. 844
Packet Page. 845
Packet Page. 846
Packet Page. 847
Packet Page. 848
Packet Page. 849
Packet Page. 850
Packet Page. 851
Packet Page. 852
Packet Page. 853
Packet Page. 854
Packet Page. 855
Packet Page. 856
Packet Page. 857
Packet Page. 858
Packet Page. 859
Packet Page. 860
Packet Page. 861
Packet Page. 862
Packet Page. 863
Packet Page. 864
Packet Page. 865
Packet Page. 866
Packet Page. 867
Packet Page. 868
Packet Page. 869
Packet Page. 870
Packet Page. 871
Packet Page. 872
Packet Page. 873
Packet Page. 874
Packet Page. 875
Packet Page. 876
Packet Page. 877
Packet Page. 878
Packet Page. 879
Packet Page. 880
Packet Page. 881
Packet Page. 882
2
2
2
2
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department:Public Works
Subject:Approve Final Tract Map No. 20421 (Ward 5)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-189, approving Final Tract Map No. 20421
(Subdivision 21-11) involving the subdivision a parcel (APN 0261-151-10) containing
6.10 acres into twenty-five (25) single family lots located at the southwest corner of W.
Belmont Avenue and N. Olive Avenue, accepting the public dedications as set forth on
said map; and authorizing execution of the standard form of agreement for the
subdivision improvements.
Executive Summary
The project consists of subdividing one parcel of approximately 6.10 acres into twenty-
five (25) single-family residential lots as part of a planned residential development,
which was approved on December 7, 2022, by the Mayor and City Council as Reporting
Program Development Code Amendment (Zoning Map Amendment) 21-05 and
Subdivision 21-11 (Tentative Tract map 20421) per Resolution 2022-245.
Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of
San Bernardino Development Code and the Subdivision Map Act, the applicant has
submitted a Final Tract Map No. 20421, which has been reviewed by the City Engineer
and determined that the Final Map is in compliance with the Subdivision Map Act, the
City’s ordinances regarding subdivisions, and all conditions of approval, and is
recommended for the Mayor and City Council action and final acceptance.
Background
Together, Development Code Amendment (Zoning Map Amendment) 21-05 and
Subdivision 21-11 (Tentative Tract Map 20421) constituted the Belmont Residential
Packet Page. 883
2
2
2
2
Subdivision Project. Subdivision 21-11 (Tentative Tract Map 20421) includes the
subdivision of a parcel (APN: 0261-151-10) containing approximately 6.10 acres into
twenty-five (25) single-family residential lots ranging in size from 7,372 to 9,700 square
feet.
The Planning Division of the Community Development and Housing Department of the
City of San Bernardino reviewed, Development Code Amendment (Zoning Map
Amendment) 21-05 and Subdivision 21-11 (Tentative Tract Map 20421) for compliance
with the California Government Code, compliance with the California Subdivision Map
Act, consistency with the City of San Bernardino General Plan, and compliance with
the City of San Bernardino Development Code.
On November 8, 2022, 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. 2022-048 recommending the adoption of the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program, and the
approval of Development Code Amendment (Zoning Map Amendment) 21-05 and
Subdivision 21-11 (Tentative Tract Map 20421) to the Mayor and City Council.
On December 7, 2022, Mayor and City Council adopted Resolution No. 2022-245 and
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
and approved Development Code Amendment (Zoning Map Amendment) 21-05 and
Subdivision 21-11 (Tentative Tract Map 20421).
Discussion
The proposed project consists of subdividing one parcel containing a total of
approximately 6.10 acres into twenty-five (25) single-family residential lots. The
proposed single-family lots are part of a planned residential development, which was
approved on December 7, 2022, by the Mayor and City Council as Reporting Program
Development Code Amendment (Zoning Map Amendment) 21-05 and Subdivision 21-
11 (Tentative Tract map 20421) per Resolution 2022-245.
Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of
San Bernardino Development Code and the Subdivision Map Act, the applicant has
submitted a Final Map for Mayor and City Council action and final acceptance. The
City Engineer has reviewed the proposed Final Map for Tract No. 20421 and
determined that the Final Map is in compliance with the Subdivision Map Act, the City’s
ordinances regarding subdivisions, and all conditions of approval.
2021-2025 Strategic Targets and Goals
The adoption of a Resolution approving the Final Map for Tract No. 20421 aligns with
Goal No. 1 Improved Operational & Financial Capacity. Specifically, the
transformation of existing vacant underutilized properties into productive single-family
residential lots for the purpose of developing single-family residential homes meets the
City’s economic development goals. The adoption of a Resolution approving the Final
Map for Tract No. 20421 aligns with Goal No. 1 Improved Operational & Financial
Packet Page. 884
2
2
2
2
Capacity. Specifically, the transformation of existing vacant underutilized properties
into productive single-family residential lots for the purpose of developing single-family
residential homes meets the City’s economic development goals.
Fiscal Impact
There will be no fiscal impact. All public infrastructure improvements required for this
subdivision will be constructed by the developer at its sole cost. City services will be
provided to this project similar to other residential projects in the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-189, approving Final Tract Map No. 20421
(Subdivision 21-11) involving the subdivision a parcel (APN 0261-151-10) containing
6.10 acres into twenty-five (25) single family lots located at the southwest corner of W.
Belmont Avenue and N. Olive Avenue, accepting the public dedications as set forth on
said map; and authorizing execution of the standard form of agreement for the
subdivision improvements.
Attachments
Attachment 1 Resolution 2024-189
Attachment 2 Final Map for Tract 20421
Attachment 3 Tract 20421 Improvement Agreement
Attachment 4 Project Bonds
Attachment 5 Resolution 2022-245
Ward:
Fifth Ward
Synopsis of Previous Council Actions:
On November 8, 2022, Planning Commission adopted Resolution No. 2022-048
forwarding a recommendation to approved Subdivision 21-11 (Tentative Tract Map
20421).
On December 7, 2022, Mayor and City Council adopted Resolution 2022-245 and
approved Subdivision 21-11 (Tentative Tract Map 20421).
Packet Page. 885
Resolution No. 2024-189
Resolution 2024-189
August 21, 2024
Page 1 of 3
5
1
0
3
RESOLUTION NO. 2024-189
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING FINAL MAP FOR TRACT NO. 20421
(SUBDIVISION 21-11) INVOLVING THE SUBDIVISION OF
A PROJECT SITE CONTAINING APPROXIMATELY 6.10
ACRES INTO TWENTY-FIVE (25) SINGLE-FAMILY
RESIDENTIAL LOTS LOCATED ON THE SOUTHWEST
CORNER OF W. BELMONT AVENUE AND N. OLIVE
AVENUE; ACCEPTING THE PUBLIC DEDICATIONS AS
SET FORTH ON SAID MAP; AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF THE
SUBDIVISION IMPROVEMENTS.
WHEREAS, On November 8, 2022, 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. 2022-048 recommending the adoption of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, and the approval of Development
Code Amendment (Zoning Map Amendment) 21-05 and Subdivision 21-11 (Tentative Tract Map
20421) to the Mayor and City Council, and
WHEREAS, On December 7, 2022, Mayor and City Council adopted Resolution No.
2022-245 and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program, and approved Development Code Amendment (Zoning Map Amendment) 21-05 and
Subdivision 21-11 (Tentative Tract Map 20421), and
WHEREAS, the City Engineer has reviewed the approved Tentative Tract Map 20421
with conditions of approval, and has analyzed the Final Map for Tract No. 20421 in order to ensure
consistency between the approved Tentative Tract Map 20421 with adopted conditions of approval
and the final map requirements, and has determined that the Final Map for Tract No. 20421 has
been found to be in substantial conformance with the approved Tentative Tract Map 20421, and
WHEREAS, the Mayor and City Council find that proposed Tract Map 20421, located on
the southwest corner of W. Belmont Avenue and N. Olive Avenue within the Residential Suburban
(RS) zone together with the provisions of their design and improvement is consistent with the
General Plan of the City of San Bernardino.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
Packet Page. 886
Resolution No. 2024-189
Resolution 2024-189
August 21, 2024
Page 2 of 3
5
1
0
3
SECTION 2. The City Manager of the City of San Bernardino is authorized to execute the
standard form Subdivision Improvement Agreement with Inland Self Storage & Management.
attached and incorporated herein as Attachment 3, for the improvements in said Tract Map as
required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map
Act. The time for performance is as specified in the Agreement. Said improvements are specifically
described and shown on Drawings approved and on file in the office of the Public Works
Department of the City of San Bernardino.
SECTION 3. A Mitigated Negative Declaration was adopted with the approval of
Subdivision 21-11 (Tentative Tract Map 20421) on November 8, 2022. No further changes to the
environmental conditions of the subject site or the proposed subdivision have occurred. Therefore,
the previous environmental determination adopted for Subdivision 21-11 (Tentative Tract map
20421) remains valid, pursuant to Section 15162 (c) (Subsequent Negative Declarations) of the
California environmental Quality Act.
SECTION 4.The Final Map of said Tract Map is hereby approved and the City of San
Bernardino hereby accepts as public property all dedications within the subdivision as shown on
said Tract Map for streets, alleys (including access rights), drainage and other public easements.
As a condition precedent to approval of Tract Map, the Subdivider shall first execute the
Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
SECTION 5.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 21st day of August 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 887
Resolution No. 2024-189
Resolution 2024-189
August 21, 2024
Page 3 of 3
5
1
0
3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-189, adopted at a regular meeting held on the 21st day of August 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of August 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 888
Packet Page. 889
Packet Page. 890
Packet Page. 891
Packet Page. 892
Packet Page. 893
Packet Page. 894
Packet Page. 895
Packet Page. 896
Packet Page. 897
Packet Page. 898
Packet Page. 899
Packet Page. 900
Packet Page. 901
Packet Page. 902
Packet Page. 903
Packet Page. 904
Packet Page. 905
Packet Page. 906
Packet Page. 907
Packet Page. 908
Packet Page. 909
Packet Page. 910
Packet Page. 911
Packet Page. 912
Packet Page. 913
Packet Page. 914
Packet Page. 915
Packet Page. 916
Packet Page. 917
Packet Page. 918
Packet Page. 919
Packet Page. 920
Packet Page. 921
Packet Page. 922
Packet Page. 923
Packet Page. 924
Packet Page. 925
Packet Page. 926
Packet Page. 927
Packet Page. 928
Packet Page. 929
Packet Page. 930
Packet Page. 931
Packet Page. 932
Packet Page. 933
Packet Page. 934
Packet Page. 935
Packet Page. 936
Packet Page. 937
Packet Page. 938
Packet Page. 939
Packet Page. 940
Packet Page. 941
Packet Page. 942
Packet Page. 943
Packet Page. 944
Packet Page. 945
Packet Page. 946
Packet Page. 947
Packet Page. 948
Packet Page. 949
Packet Page. 950
Packet Page. 951
Packet Page. 952
2
2
6
0
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department:Public Works
Subject:Approve Stop Sign Installation on 40th Street and
Parkside Drive (Ward 4,7)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-188 authorizing the City Manager and/or
designee to amend Resolution No. 655 entitled, in part, “A Resolution… designating
certain streets or portions thereof as through highways…” and authorizing the
establishment of an all-way stop control at the intersection of 40th Street and
Parkside Drive.
Executive Summary
The installation of the stop sign at the above intersection is essential to enhance traffic
safety, control and streamline traffic flow. The overall benefit is the reduction of
collisions and improved pedestrian safety
Background
Staff received a citizen request to consider the installation of stop sign control at the
intersection of 40th Street and Parkside Drive.
Guidelines published in the California Manual of Uniform Traffic Control Devices (CA
MUTCD) on the use of stop signs have been adopted by the City. The guidelines
recommend the use of a stop sign facing the minor street of a 4-legged intersection
and the terminating leg of a T-intersection, if certain conditions exist to better clarify
and regulate right-of-way at an intersection. Additionally, common factors and
warrants considered for the installation of stop signs as follows:
Traffic Volumes
Pedestrian Volume
Visibility
Packet Page. 953
2
2
6
0
Accident History
Discussion
40th Street between Waterman Avenue and Valencia Avenue is a four-lane undivided
major arterial roadway. The posted speed on 40th Street is 45 MPH. Parkside Avenue
is a local street which is stop controlled at 40th Street. The prima facie speed on
Parkside Drive is 25 MPH. There is no crosswalk at the intersection of 40th Street and
Parkside Avenue. Wildwood Park is located on the north side of 40th Street and
extends from Waterman Avenue to Valencia Avenue.
Staff investigated traffic conditions at the above intersection referenced above and
found that the stop signs should be installed to better clarify the rules of the road at the
intersection. Stop signs are also recommended to mitigate sight distance issues such
as corner landscaping, corner perimeter or structure walls, and/or horizontal or vertical
road curvature which may exist at these locations.
The table below identifies the types of sight distance issues found at the intersection.
Intersection Cause of Visual
Impairment
Location of Visual
Impairment
40th St &
Parkside Dr Fence Southwest corner
Additionally, there is a high rate of collisions at the intersection for vehicles attempting
to turn left from Parkside Drive onto westbound 40th Street.
All-way stop warrants comprise of four (4) conditions where if any of the following
conditions (A1, A2, B, or C) is met, the intersection may warrant an all-way stop sign
installation. Warrant A-1 was met as an accident and safety warrant.
The City must designate roadways as Through Highways in order to implement traffic
control measures. Staff is seeking concurrence and recommendation from the Public
Safety and Human Relations Commission to request that the Mayor and City Council
designate these roadways as Through Highways and authorize the installation of traffic
control in the form of stop signs as warranted by each intersection location. If
recommended by the commission, the resolution will be placed on a future City Council
agenda for consideration.
Staff presented the proposed stop sign location to the City’s Public Safety and Human
Relations Commission (PS&HR) at its July 8, 2024 meeting. The Commission has
recommended the establishment of the all-way stops at the intersections of 40th Street
and Parkside Drive.
2021-2025 Strategic Targets and Goals
This project is consistent with Goal No. 3: Improved Quality of Life. The project will
utilize City programs to ensure that neighborhoods and business areas are safe.
Packet Page. 954
2
2
6
0
Fiscal Impact
The estimated cost to install the “Stop” signs and add pavement markings is $1,500.
Sufficient funding is included and available in the adopted budget FY 2024/2024
Budget.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-188 authorizing the City Manager and/or
designee to amend Resolution No. 655 entitled, in part, “A Resolution… designating
certain streets or portions thereof as through highways…” and authorizing the
establishment of an all-way stop control at the intersection of 40th Street and
Parkside Drive.
Attachments
1. Attachment 1- Resolution 2024-188
2. Attachment 2- Stop sign warrant
3. Attachment 3- Location Map
Ward:
Fourth Ward; Seventh Ward
Synopsis of Previous Council Actions:
None
Packet Page. 955
Resolution No. 2024-188
Resolution 2024-188
August 21, 2024
Page 1 of 3
5
2
8
3
RESOLUTION NO. 2024-188
RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 655 ENTITLED, IN PART, “A
RESOLUTION…DESIGNATING CERTAIN STREETS
OR PORTIONS THEREOF AS THROUGH
HIGHWAYS…” AND AUTHORIZING THE
ESTABLISHMENT OF AN ALL-WAY STOP CONTROL
AT THE INTERSECTION OF 40TH STREET &
PARKSIDE DRIVE
WHEREAS, the Traffic Engineering Division of the Public Works Department received
a request to evaluate traffic control needs at the intersections of 40th Street & Parkside Drive; and
WHEREAS, staff has determined the intersection of 40th Street & Parkside Drive meets
the warrants for an All -Way stop sign installation at the location; and
WHEREAS, roadways within the City must be designated as Through Highways in
accordance with the Vehicle Code of the State of California to meet eligibility for installation of
traffic control measures; and
WHEREAS, the City previously adopted Resolution No. 655 and subsequent
amendments designating various roadways as Through Highways and Boulevards throughout the
City; and
WHEREAS, the City now desires to amend Resolution No. 655 to designate 40th Street
and Parkside Drive for an all-way stop sign; and
WHEREAS, the City intends to install traffic control in the form of a stop control on
these roadway segments to enhance traffic safety at these locations.
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. Section 1 of Resolution No. 655, which designates certain streets, or
portions thereof, as through highways, is hereby amended by adding Subsection (17.61) 40TH
STREET to read as follows:
“(17.61) 40TH STREET
(A) At its intersection with Parkside Drive.”
Packet Page. 956
Resolution No. 2024-188
Resolution 2024-188
August 21, 2024
Page 2 of 3
5
2
8
3
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 21st day of August 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 957
Resolution No. 2024-188
Resolution 2024-188
August 21, 2024
Page 3 of 3
5
2
8
3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-188, adopted at a regular meeting held on the 21st day of August 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 958
Packet Page. 959
Packet Page. 960
Packet Page. 961
Packet Page. 962
DISCUSSION
City of San Bernardino
Request for Council Action
Date:August 21, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Cheryl Weeks, Council Administrative Supervisor
Department:Council Office
Subject:Cal Cities General Assembly - Appointment of Voting
Delegates and Alternates (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the selection of one voting delegate and up to two alternate voting
delegates to the 2024 Cal Cities Annual Conference and Expo on October 16-18, 2024,
in Long Beach, California Convention Center.
Executive Summary
In order to participate in the voting for the General Assembly Meeting at the League of
California Cities Annual Expo, each city must designate a voting representative and up
to two alternates. To ensure the city has representation at this annual expo, the
designation of the delegate and alternates must be submitted to the League of
California Cities no later than September 25, 2024.
Background
The 2024 League of California Cities Annual Conference & Expo will be held on
October 16-18, 2024. One very important aspect of the Annual Conference is the
General Assembly Meeting when the membership takes action on conference
resolutions that establish Cal Cities policy. Annual conference resolutions guide cities
and the Cal Cities in efforts to improve the quality, responsiveness and vitality of local
government in California.
Discussion
To expedite the conduct of business at the 2024 League of California Cities Annual
Conference & Expo, Cal Cities has requested that each City designate a voting
representative and up to two alternate voting delegates. At least one must be present
Packet Page. 963
during the General Assembly Meeting on Friday, October 18, 2024, and in possession
of the voting card in order to cast a vote.
The General Assembly is comprised of voting delegates appointed by each member
city; every city has one voting delegate. The appointed voting delegate plays an
important role during the General Assembly by representing their city and voting on
resolutions.
To cast a vote during the General Assembly, the City must designate a voting delegate
and up to two alternate voting delegates, one of whom may vote if the designated
voting delegate is unable to serve in that capacity. Voting Delegates may either be an
elected or appointed official.
Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates
must be designated by the city council. Please note that designating the voting
delegate and alternates must be done by city council action and cannot be
accomplished by individual action of the Mayor or City Manager alone.
The voting delegate and alternates must be registered to attend the conference. They
need not register for the entire conference; they may register for Friday only.
Conference registration is open on the Cal Cities website
Voting delegates must be designated as soon as possible so that proper records can
be established for the conference. The City of San Bernardino must return the Voting
Delegate/Alternate form to the Cal Cities Office no later than Wednesday, September
25, 2024.
2021-2025 Strategic Targets and Goals
Selecting a Voting Delegate and attending the General Assembly meeting at the 2024
League of California Cities Annual Conference & Expo aligns with Key Target No. 2:
Focused, Aligned Leadership and Unified Community
Fiscal Impact
Yes, there is a financial impact. Estimated cost to attend per person, including
registration and lodging is approximately $3,000.00. The conference costs are covered
under the 2024/2025 adopted budget. The League of California Cities (Cal Cities)
Annual Conference & Expo is part of the pre-approved travel for the Mayor and City
Council.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the selection of one Voting Delegate and two Alternate Voting
Delegates to the 2024 League of California Cities Annual Conference & Expo on
October 16-18, 2024, in Sacramento, California.
Packet Page. 964
Attachments
Attachment 1 - 2024 Cal Cities Voting Delegate Information Packet.
Ward:
All Wards
Synopsis of Previous Council Actions:
On August 16, 2023, the Mayor and City Council approved one voting delegate and
two alternates for the 2023 League of California Cities Annual Conference & Expo in
September 2023.
Packet Page. 965
Packet Page. 966
Packet Page. 967
Packet Page. 968
Packet Page. 969