HomeMy WebLinkAboutMC-1402 Adopted: June 2, 2014
Effective: July 2, 2014
1 ORDINANCE NO. MC-1402
2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING ZONING
AMENDMENT 13-07 TO AMEND THE SUBJECT SITE'S ZONING FROM OFFICE
3 INDUSTRIAL PARK (OIP) TO INDUSTRIAL LIGHT (IL) ZONE AND APPROVING
4 DEVELOPMENT PERMIT P13-08 TO ESTABLISH A HEAVY EQUIPMENT
TRANSPORT FACILITY WITH ANCILLARY AUTO REPAIR, LOCATED AT 673
5 SOUTH WATERMAN AVENUE, IN THE OFFICE INDUSTRIAL PARK (OIP)
ZONE.
6
7 WHEREAS, the current Development Code was initially implemented in 1991; and
8 WHEREAS, the current General Plan was initially implemented in 2005; and
9 WHEREAS, on April 16, 2013, the Planning Commission of the City of San
Bernardino held a noticed public hearing to consider public testimony and the staff report
10
recommending approval of Zoning Map Amendment (ZMA) 13-07 and Development Permit-
11 P 13-08 to establish a heavy equipment transport facility with ancillary auto repair, locate at 673
12 South Waterman Avenue and recommended approval of the proposed Zoning Map
13 Amendment and Development Permit-P 13-08 to the Mayor and Common Council; and
14 WHEREAS, notice of the public hearing for the Mayor and Common Council's
is consideration of the proposed Ordinance was published in The Sun newspaper on May 8,
16 2014.
17 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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19
SECTION 1. The Mayor and Common Council find that the above-stated Recitals
20 are true and hereby adopt and incorporate them herein.
21
22 SECTION 2. Findings of Fact.
23 1. The proposed amendment is consistent with the General Plan, in that per Table LU-2,
24 "Land Use and Zoning Designations Consistency" in the General Plan Land Use Element, the
25 OIP and IL zones are both considered industrial designations, and therefore, the change of
26 zoning designation of the subject site from OIP to IL will be consistent with the General Plan.
27 Further, General Plan Policy 4.1.2, states: "proactively seek out and retain businesses....,
28 including: attracting industrial and manufacturing users." The change of land use
MC-1402
1 designation from OIP to IL zone would enable the property owner to expand Phase II, to
2 allow a viable development opportunity consistent with the industrial uses adjacent to the
3 north, south and west.
4
2. The proposed amendment would not be detrimental to the public interest, health,
5 safety, convenience, or welfare of the City, in that as noted above, the proposed project will
6 expand job opportunities and industrial service opportunities within the City. The proposed
7 project has been conditioned to be compatible with other industrial uses proximity to the
8 project site to the north, south and west on Waterman Avenue.
9
10 3. The proposed amendment would maintain the appropriate balance of land uses within
11 the City, in that as noted in Findings 1 and 2, above, the change in zoning designation of the
12 subject site from OIP to IL will maintain the industrial General Plan land use designation for
13 the site. Thus, the balance of land uses in the City will not be affected by this proposal.
14
15 4. The site is rectangular, generally flat, and is approximately 3.73 acres in size. As
noted above, the site is presently developed with an industrial office building, and the
16
surrounding properties to the north, south and west are also developed with a variety of
17
business park and industrial uses. The site has direct access from Waterman Avenue and is
18 presently served by all utilities. Further, the proposal to change the zoning designation of the
19 subject site from OIP to IL will maintain the industrial General Plan land use designation for
20 the site. Therefore, the subject parcel is physically suitable for the requested zoning
21 designation and the anticipated land use development.
22
23 SECTION 3. Compliance with the California Environmental Quality Act.
24
25 1. The Mayor and Common Council finds that Zoning Map Amendment 13-07 and
26 Development Permit-P 13-08 will have no significant adverse effect on the environment
27 with incorporation of the proposed mitigation measures. The Mitigated Negative
28
2
MC-1402
1 Declaration as accepted by the Development and Environmental Review Committee is
2 hereby adopted.
3 2. Mitigation measures identified in the Mitigated Negative Declaration have been
4
compiled in a Mitigation Monitoring and Reporting Program (MM/RP) for the project. The
5 Mayor and Common Council hereby adopts the MM/RP attached as Exhibit A, and
6 incorporated herein by reference.
7
8 SECTION 4. Zoning Map Amendment 13-07, attached hereto as Exhibit B and
9 incorporated herein by reference, is hereby approved.
10
11 SECTION 5. Development Permit P13-08 is hereby approved.
12
13 SECTION 6. Notice of Determination The Planning Division is hereby directed to
14 file a Notice of Determination with the County Clerk of the County of San Bernardino
15 certifying the City's compliance with California Environmental Quality Act in preparing the
16 Mitigated Negative Declaration.
17
SECTION 7. Severability: If any section, subsection, subdivision, sentence, or
18 clause or phrase in this Ordinance or any part thereof is for any reason held to be
19 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
20 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or
21 any part thereof. The Mayor and Common Council hereby declares that it would have
22 adopted each section irrespective of the fact that any one or more subsections, subdivisions,
23 sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
24 III
25 iii
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3
MC-1402
1 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING ZONING
AMENDMENT 13-07 TO AMEND THE SUBJECT SITE'S ZONING FROM OFFICE
2 INDUSTRIAL PARK (OIP) TO INDUSTRIAL LIGHT (IL) ZONE AND APPROVING
DEVELOPMENT PERMIT P13-08 TO ESTABLISH A HEAVY EQUIPMENT
3 TRANSPORT FACILITY WITH ANCILLARY AUTO REPAIR, LOCATED AT 673
4 SOUTH WATERMAN AVENUE, IN THE OFFICE INDUSTRIAL PARK (OIP)
ZONE.
5
6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a joint regular meeting
7
thereof, held on the
2nd day of June , 2014, by the following vote to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ X
BARRIOS X
11
VALDIVIA
12 SHORETT X
13 NICKEL
14 JOHNSON X
15 MULVIHILL X
16
17
18 Georgea . Hanna, i OF
y Clerk
19
The foregoing Resolution is hereby approved this day of
20
.Tune , 2014.
21
22 /2
23 R. CAREY AVIS, Mayor
24 Approved as to form: City of San Bernardino
Gary D. Saenz,
25 City Attorney
26
27
28 By' • 1'--
MC-1402
MITIGATION MONITORING and REPORTING PROGRAM
HEAVY EQUIPMENT TRANSPORTATION FACILITY
DEVELOPMENT PERMIT-P 13-08
This Mitigation Monitoring and Reporting Program was prepared to implement the mitigation
measures outlined in the Draft and Final Initial Study (herein Final Initial Study) for Zoning Map
Zone Amendment 13-07 and Development Permit-P 13-08. This program has been prepared in
compliance with the California Environmental Quality Act (CEQA), and the State and City of
San Bernardino CEQA Guidelines.
CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those
measures or conditions imposed on a project to mitigate or avoid adverse effects on the
environment. The law states that the monitoring or reporting program shall be designed to ensure
compliance during project implementation.
The Mitigation Monitoring and Reporting Program contains the following elements:
1. The mitigation measures are recorded with the action and procedure necessary to
ensure compliance. The program lists the mitigation measures contained within
the Initial Study.
2. A procedure for compliance and verification has been outlined for each
mandatory mitigation action. This procedure designates who will take action,
what action will be taken and when, and to whom and when compliance will be
reported.
3. The program contains a separate Mitigation Monitoring and Compliance Record
for each action. On each of these record sheets, the pertinent actions and dates
will be logged, and copies of permits, correspondence or other data relevant will
be retained by the City of San Bernardino.
4. The program is designed to be flexible. As monitoring progresses, changes to
compliance procedures may be necessary based upon recommendations by those
responsible for the program. If changes are made, new monitoring compliance
procedures and records will be developed and incorporated into the program.
The individual measures and accompanying monitoring/reporting actions follow. They are
numbered in the same sequence as presented in the Final Initial Study.
EXHIBIT "A"
MC-1402
Mitigation Monitoring and Reporting Program
ZMA 13-07&DP-P13-08
Page 2
MITIGATION MEASURES
V. CULTURAL RESOURCES
CR-1: Should paleontological resources be unearthed during grading, a vertebrate
paleontologist shall be contacted to determine the significance, and make
recommendations for appropriate mitigation measures to the City of San
Bernardino and in compliance with the guidelines of the California Environmental
Quality Act.
CR-2: If human remains of any kind are found during grading activities, all activities
must cease immediately and the San Bernardino County Coroner and a qualified
archaeologist must be notified. The Coroner will examine the remains and
determine the next appropriate action based on his or her findings. If the coroner
determines the remains to be of Native American origin, he or she will notify the
Native American Heritage Commission. The Native American Heritage
Commission will then identify the most likely descendants to be consulted
regarding treatment and/or reburial of the remains. If a most likely descendant
cannot be identified, or the most likely descendant fails to make a
recommendation regarding the treatment of the remains within 48 hours after
gaining access to them, the contractor shall rebury the Native American human
remains and associated grave goods with appropriate dignity on the property in a
location not subject to further subsurface disturbance.
IMPLEMENTATION AND VERIFICATION
Planning staff shall verify implementation of the above mitigation measure.
COMPLIANCE RECORD
When Required: The verification shall be completed throughout the construction period.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
MC-1402
Mitigation Monitoring and Reporting Program
ZMA 13-07&DP-P13-08
Page 3
VI. HYDROLOGY AND WATER QUALITY
HWQ-l: The vehicle wash area shall be directly connected to the storm drain and
grease interceptor which shall outlet to the underground basin.
HWQ-2: The owner shall schedule an annual seminar and refresher course to review
Source Control BMPs contained in the WQMP.
HWQ-3: The underground basin and all on-site storm drain inlets shall be inspected
monthly or when an extreme storm occurs, and shall consist of cleaned out as
necessary. The detention basin shall be inspected annually in late summer or
early fall and cleaned as needed, or if accumulated sediment/debris fill
exceeds 25 percent or more of the sediment/debris storage capacity.
HWQ-4: Drip irrigation, smart controller and drought tolerant plant material and wood
mulch shall be used in the landscaping design. Plants shall be grouped with
similar water requirements in order to reduce excess irrigation runoff and
promote surface filtration. The finished grade of newly-created landscape
areas shall be one to two inches below adjacent grades.
HWQ-5: The existing trash enclosure and surrounding improvements are proposed to
remain.
HWQ-6: A landscape maintenance company will on a monthly basis ensure that the site
is trash free and report if lids to trash enclosures are broken. Trash storage
areas shall be kept clean and free of debris.
HWQ-7: The owner shall file a Spill Contingency Plan with the County of San
Bernardino Hazardous Materials Department.
HWQ-8: Rain triggered shutoff devices and shutoff devices designed to limit water
supply in the event of a broken sprinkler will be used in the landscape design.
Irrigation and landscaping shall be coordinated to avoid overspray, etc. Wood
fiber shall be used to limit areas requiring irrigation.
HWQ-9: The top of the catch basin shall be painted with a "No Dumping, Drains to
Creek" sign or equivalent.
HWQ-10: Monthly sweeping shall be required for all parking areas, parking access and
driveway areas.
MC-1402
Mitigation Monitoring and Reporting Program
ZMA 13-07&DP-P13-08
Page 4
HWQ-11: The owner shall inspect and maintain the BMPs and shall be able to provide
for local specific requirements regarding self-inspections and records of all
BMPs where Operation and Maintenance is required. Operation and
Maintenance for each BMP shall be fully funded by the project owner.
HWQ-12: A Notice of Intent shall be filed with the Water Board for issuance of a Waste
Discharge Identification Number (WDID). A Storm Water Pollution
Prevention Program (SWPPP) shall be kept on-site throughout construction;
and required inspections shall take place.
IMPLEMENTATION AND VERIFICATION
At submittal and approval of final development plans and throughout construction/life of the
project; on-site inspections.
COMPLIANCE RECORD
When Required: The verification shall be completed prior to construction, during grading
activities, after storm events, and annually for the refresher course on education materials. Site
shall be inspected daily for litter, and trash containers shall be emptied weekly.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
MC-1402
Mitigation Monitoring and Reporting Program
ZMA 13-07&DP-P13-08
Page 5
VI. NOISE
N-l: All construction activities shall be limited to the hours of 7:00 a.m. to 8:00
p.m., Monday through Saturday. Additionally the following mitigation
requirements shall be imposed in other to further mitigate the impacts of
noise.
• All construction vehicles shall have mufflers and be maintained in
good operating order at all times.
• All trucks waiting to be loaded or unloaded with construction
material and or/during operation of the facility shall not be left to
idle for more than 10 minutes.
IMPLEMENTATION AND VERIFICATION
Throughout construction/on-site inspections.
COMPLIANCE RECORD
When Required: The verification shall be completed throughout construction of the project.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
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