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HomeMy WebLinkAbout05.H- Community Development 5.H ORDINANCE (ID # 4485) DOC ID: 4485 D CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Public Hearing From: Mark Persico M/CC Meeting Date: 07/18/2016 Prepared by: Stephanie Sanchez, (909) 384-7272 ext. 3399 Dept: Community Development Ward(s): All Subject: Ordinance of the Mayor and Common Council of the City of San Bernardino Approving General Plan Amendment 15-02 to Change the General Plan Land Use Designation of 25.25 Acres from Industrial (Approximately 11.5 Acres) and Open Space (Approximately 14.4 Acres) to Industrial, and Development Code Amendment (Zoning Map Amendment) 15-04 to Change the Zoning District from Industrial Light (IL) (Approximately 7.5 Acres), Office Industrial Park (OIP) (Approximately 4 Acres) and Public Commercial Recreation (PCR) (Approximately 14.4 Acres) to Industrial Light (IL) in Order to Allow the Development and Establishment of an Industrial Warehouse Building Containing Approximately 564,652 Square Feet Located on the Southwest Corner of Waterman Avenue and Dumas Street (FINAL READING) (#4485) Current Business Registration Certificate: Financial Impact: The proposed industrial project will result in increased property tax of an undetermined amount to accrue to the City, and job creation. Motion: Adopt the Ordinance. Synopsis of Previous Council Action: None Background: On May 18, 2016, the Planning Commission adopted Resolution No. 2016-030 (please see Attachment 3) forwarding a recommendation that the Mayor and Common Council: 1) Adopt the Mitigated Negative Declaration; and 2) Approve General Plan Amendment 15-02, Development Code Amend ment(Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11, based upon the recommended Findings of Fact and Conditions of Approval. Project Description: Pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter Updated: 7/6/2016 by Linda Sutherland D I Packet Pg. 99 5.H 4485 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendments), §19.66.020 (Subdivision Map Applications) and §19.44.020 (Development Permit Applications) and of the City of San Bernardino Development Code, the applicant is requesting the approval of General Plan Amendment 15-02, Development Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11 to allow: 1) The subdivision consolidating the existing 12 parcels containing a total of 25.25 acres into one parcel; 2) The change of the General Plan Land Use Designation from Industrial and Open Space to Industrial and change the Zoning District from Industrial Light (IL) (approximately 7.5 acres), Office Industrial Park (OIP) (approximately four acres) and Public Commercial Recreation (PCR) (approximately 14.4 acres) to Industrial Light (IL); and, 3) The development and establishment of an industrial warehouse building containing approximately 564,652 square feet. Analysis: Project Development - The proposed industrial development has been designed to comply with development standards of the City of San Bernardino Development Code. Site Design/Access/Traffic - The proposed industrial development will be accessed by four new driveway approaches; two each on both Waterman Avenue and Dumas Street. The internal site circulation has been designed to adequately accommodate on- site vehicular circulation and access to the parking areas. Designated "paths of travel" have also been provided to ensure pedestrian safety. The City's Traffic Engineering Division has reviewed and accepted the Focused Traffic Analysis prepared for the proposed industrial development, and the appropriate traffic related mitigation measures/Conditions of Approval have been included. Architecture - The architectural design is highlighted by the prominent tower elements at the corners and midpoint of the proposed east and west elevations. Additionally, glazed windows have been added along the eastern elevation (fronting Waterman Avenue) to complement the existing office buildings located near the subject site. Landscaping - Landscaped planters will be installed on the frontages along Waterman Avenue and Dumas Street, pursuant to the requirements of the City of San Bernardino Development Code. General Plan Goals and Policies - The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: ❑ Enhance the aesthetic quality of land uses and structures in San Bernardino. Updated: 7/6/2016 by Linda Sutherland D I Packet Pg. 100 5.H 4485 ❑ Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development. ❑ Control development and the use of land to minimize adverse impacts. Through this proposal, the applicant will be revitalizing the subject property in a manner that will enhance the physical and visual qualities of the subject property thereby enhancing the aesthetics of the surrounding neighborhood. Additionally, through this proposal the existing underutilized properties will be transformed into a development that meets the City's economic development goals, while satisfying the Development Code requirements and will be adequately regulated through the Conditions of Approval in order to minimize potential impacts. Public Comments - There were no public comments submitted on the project, nor were there any public comments presented during the public hearing by the Planning Commission. There were, however, extensive comments received in response to the Initial Study/Mitigated Negative Declaration during the CEQA-mandated 30-day public review period. The application was also approved by a unanimous vote of the Planning Commission. California Environmental Quality Act: In accordance with §15063 (Initial Study) of the California Environmental Quality Act (CEQA), the applicant submitted and the Planning Division accepted an Initial Study /Mitigated Negative Declaration (available at http://sbcity.org/civicax/filebank/blobdload.aspx?blobid=20476) and Mitigation Monitoring and Reporting Program prepared in connection with General Plan Amendment 15-02, Development Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and Development Permit Type-D 15- 11. Accordingly, pursuant to §15072 and §15073 (Notice of Intent to Adopt a Mitigated Negative Declaration) of CEQA, a Notice of Intent to Adopt a Mitigated Negative Declaration was released on December 9, 2015 for the CEQA-mandated thirty (30) day public review and comment period. During the CEQA-mandated 30-day public review period, comments were received in response to the Initial Study/Mitigated Negative Declaration with concerns regarding potential impacts to wildlife, traffic, air quality and public utilities, and acceptable responses to these comments were prepared (available at http://sbcity.org/civicax/filebank/blobdload.aspx?blobid=20477). On February 25, 2016, the Development and Environmental Review Committee reviewed the application and Environmental Determination of the Planning Division, and moved the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for General Plan Amendment 15-02, Development Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11 to the Planning Commission for consideration. Updated: 7/6/2016 by Linda Sutherland D I Packet Pg. 101 5.H 4485 Conclusion: On May 18, 2016, the Planning Commission determined that the proposed project is consistent with the City of San Bernardino General Plan and Development Code, and that the application satisfies all Findings of Fact required for approval of General Plan Amendment 15-01, Development Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and Development Permit Type-D 15- 11. City Attorney Review: This staff report and supporting documentation has been reviewed by the Deputy City Attorney, and accepted as to form. City Attorney Review: Supporting Documents: Staff Report (DOC) Attachment 1 - Ordinance (DOC) Attachment 1 - Ordinance (Exhibit A) (PDF) Attachment 1 - Ordinance (Exhibit B) (PDF) Attachment 2 - Resolution (DOC) Attachment 2 - Resolution (Exhibit A) (PDF) Attachment 2 - Resolution (Exhibit B) (PDF) Attachment 7 - CEQA Documents(DOC) Updated: 7/6/2016 by Linda Sutherland D Packet Pg. 102- ORDINANCE (ID #0000) DOC ID: 0000 RESOLUTION (ID #0000) CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Public Hearing From: Mark Persico M/CC Meeting Date: 06/20/2016 Prepared by: Travis Martin, (909) 384-5313 Dept: Community Development Ward: 3 Subject: Ordinance of the Mayor and Common Council of the City of San Bernardino approving General Plan Amendment 15-02 to Change the General Plan Land Use Designation of 25.25 acres from Industrial and Open Space to Industrial and Development Code Amendment (Zoning Map Amendment) 15-04 to Change the Zoning District from Industrial Light (IL), Office Industrial Park (OIP) and Public Commercial Recreation (PCR) to Industrial Light (IL) in order to allow the development and establishment of an o Lh industrial warehouse building containing approximately 564,652 square feet, located on the Southwest Corner of Waterman Avenue and Dumas Street. (FIRST READING); and Q Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Ln Mitigated Negative Declaration and Approving Subdivision 15-05 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11 to allow the development and o establishment of an industrial warehouse building containing approximately 564,652 a square feet, located on the Southwest Corner of Waterman Avenue and Dumas Street. w Current Business Registration Certificate: Not Applicable d Financial Impact: The proposed industrial project will result in increased property tax of an undetermined amount to accrue to the City, and job creation. a Mayor to Open the Public Hearing. . . Motion: 1) Close the Public Hearing; 2) Lay over Ordinance (please see Attachment 1) for final adoption; and 3) Adopt Resolution (please see Attachment 2) adopting the Mitigated Negative Declaration; and, approving Subdivision 15-05 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11, based upon the recommended Findings of Fact and Conditions of Approval. Updated: 5/31/2016 by Mark Persico Packet Pg. 103 5.H:a 0000 Synopsis of Previous Council Action: None Background: On May 18, 2016, the Planning Commission adopted Resolution No. 2016-060 (please see Attachment 3)forwarding a recommendation that the Mayor and Common Council: 1) Adopt the Mitigated Negative Declaration; and 2) Approve General Plan Amendment 15-02, Development Code Amendment(Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11, based upon the recommended Findings of Fact and Conditions of Approval. Proiect Description: Pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendments), N §19.66.020 (Subdivision Map Applications) and §19.44.020 (Development Permit LO Applications) and of the City of San Bernardino Development Code, the applicant is — requesting the approval of General Plan Amendment 15-02, Development Code C Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map LO 19692) and Development Permit Type-D 15-11 to allow: 1* v 1) The subdivision consolidating the existing twelve (12) parcels containing a total : of 25.25 acres into one (1) parcel. 2) The change of the General Plan Land Use Designation from Industrial and Open N Space to Industrial and change the Zoning District from Industrial Light (IL, Office Industrial Park (OIP) and Public Commercial Recreation (PCR) to Industrial Light E (IL). Y Y 3) The development and establishment of an industrial warehouse building a containing approximately 564,652 square feet (please see Attachment 4). Updated: 5/31/2016 by Mark Persico Packet Pg. 104 0000 Analysis: Project Development - The proposed industrial development has been designed to comply with development standards of the City of San Bernardino Development Code. Site Design/Access/Traffic - The proposed industrial development will be accessed by four (4) new driveway approaches; two (2) each on both Waterman Avenue and Dumas Street. The internal site circulation has been designed to adequately accommodate on- site vehicular circulation and access to the parking areas. Designated "paths of travel" have also been provided to ensure pedestrian safety. The City's Traffic Engineering Division has reviewed and accepted the Focused Traffic Analysis prepared for the proposed commercial development, and the appropriate traffic related mitigation measures/ Conditions of Approval have been included. Architecture - The architectural design is highlighted by the prominent tower elements at the corners and midpoint of the proposed east and west elevations. Additionally, glazed windows have been added along the eastern elevation (fronting Waterman Avenue) to complement the existing office buildings located near the subject site. N O Landscaping - Landscaped planters will be installed on the frontages along Waterman r Avenue and Dumas Street, pursuant to the requirements of the City of San Bernardino Development Code. LO 00 General Plan Goals and Policies - The City of San Bernardino General Plan includes v goals and policies to guide future development within the City, including the following: o a Q • Enhance the aesthetic quality of land uses and structures in San Bernardino. • Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development. Cn' • Control development and the use of land to minimize adverse impacts. E Through this proposal, the applicant will be revitalizing the subject property in a manner Y that will enhance the physical and visual qualities of the subject property thereby a enhancing the aesthetics of the surrounding neighborhood. Additionally, through this proposal the existing underutilized properties will be transformed into a development that meets the City's economic development goals, while satisfying the Development Code requirements and will be adequately regulated through the Conditions of Approval in order to minimize potential impacts. Public Comments — There were no public comments submitted, nor were there any public comments presented during the public hearing by the Planning Commission. The application was also approved by a unanimous vote of the Planning Commission. Updated: 5/31/2016 by Mark Persico I Packet,Pg. 105 0000 California Environmental Quality Act: In accordance with §15063 (Initial Study) of the California Environmental Quality Act (CEQA), the applicant submitted and the Planning Division accepted an Initial Study/ Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared in connection with General Plan Amendment 15-02, Development Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11. Accordingly, pursuant to §15072 and §15073 (Notice of Intent to Adopt a Mitigated Negative Declaration) of CEQA, a Notice of Intent to Adopt a Mitigated Negative Declaration was released on December 9, 2015 for the CEQA-mandated thirty (30) day public review and comment period. During the thirty (30) day public review period, comments were received in response to the Initial Study/Mitigated Negative Declaration, and acceptable responses to these comments were prepared. On February 25, 2016, the Development and Environmental Review Committee reviewed the application and Environmental Determination of the Planning Division, and moved the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for General Plan Amendment 15-02, Development Code Amendment (Zoning o LO Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11 to the Planning Commission for consideration. Conclusion: LO co On May 18, 2016, the Planning Commission determined that the proposed project is S consistent with the City of San Bernardino General Plan and Development Code, and o that the application satisfies all Findings of Fact required for approval of General Plan C Amendment 15-01, Development Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and Development Permit Type-D 15- 11. d City Attorney Review: E �a r This staff report and supporting documentation has been reviewed by the Deputy City a Attorney, and accepted as to form. Supporting Documents: Attachment 1: Ordinance Attachment 2: Resolution Attachment 3: Planning Commission Resolution No. 2016-030 Attachment 4: Planning Commission Staff Report, dated May 18, 2016 Attachment 5: Planning Commission Minutes, dated May 18, 2016 Attachment 6: Display Ad Updated: 5/31/2016 by Mark Persico Packet Pg. 106 L5.H.b 1 ORDINANCE NO. 2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING GENERAL PLAN AMENDMENT 15-02 TO CHANGE 3 THE GENERAL PLAN LAND USE DESIGNATION OF 25.25 ACRES FROM 4 INDUSTRIAL (APPROXIMATELY 11.5 ACRES) AND OPEN SPACE (APPROXIMATELY 14.4 ACRES) TO INDUSTRIAL, AND DEVELOPMENT CODE 5 AMENDMENT (ZONING MAP AMENDMENT) 15-04 TO CHANGE THE ZONING DISTRICT FROM INDUSTRIAL LIGHT (IL) (APPROXIMATELY 7.5 ACRES), 6 OFFICE INDUSTRIAL PARK (OIP) (APPROXIMATELY 4 ACRES) AND PUBLIC 7 COMMERCIAL RECREATION (PCR) (APPROXIMATELY 14.4 ACRES) TO INDUSTRIAL LIGHT (IL) IN ORDER TO ALLOW THE DEVELOPMENT AND 8 ESTABLISHMENT OF AN INDUSTRIAL WAREHOUSE BUILDING CONTAINING APPROXIMATELY 564,652 SQUARE FEET LOCATED ON THE SOUTHWEST 9 CORNER OF WATERMAN AVENUE AND DUMAS STREET. o 10 WHEREAS, the current City of San Bernardino Development Code was initially Q c� 11 implemented in 1991; and 00 12 WHEREAS, the current City of San Bernardino General Plan was initially 13 implemented in 2005; and �v 14 WHEREAS, on May 18, 2016, the Planning Commission of the City of San 5 �a Bernardino held a noticed public hearing to consider public testimony and the staff report and O 15 adopted Resolution No. 2016-030 recommending adoption of the Mitigated Negative = 16 Declaration and the approval of General Plan Amendment 15-02, Development Code E 17 Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map a 18 19692) and Development Permit Type-D 15-11 to the Mayor and Common Council; and d 19 WHEREAS, notice of the public hearing for the Mayor and Common Council's t 20 consideration of the proposed Ordinance was published in The Sun newspaper on June 25, Q 21 2016. 22 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 23 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 24 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 25 are true and hereby adopt and incorporate them herein. 26 SECTION 2. Findings of Fact—General Plan Amendment 15-02. 27 Finding No. 1: The proposed amendment is internally consistent with the General Plan. 28 1 Packet Pg. 107 5.H.b 1 Finding of Fact: The proposed amendment will result in removing approximately 4 acres 2 of existing Office Industrial Park (OIP) and approximately 14.4 acres of Public-Commercial Recreation (PCR) land use designations/zoning 3 districts from the project site, resulting in the entire site having the 4 Industrial Light (IL) land use designation/zoning district. The 5 Industrial Light (IL) zone is intended to retain, enhance, and provide for 6 the new development of lighter industrial uses along major vehicular, 7 rail, and air transportation routes serving the City. The change in land 8 use/zoning would provide a single land use/zoning district over the 9 entire 25.25 acre parcel and would allow the development of an c industrial warehouse, which is consistent with the light industrial uses 10 in the project vicinity, located to the north of the project site. The 11 project is also consistent with the following General Plan policies: LO 12 � Policy 2.5.6, which requires that new development be designed to d 13 complement and not devalue the physical characteristics of the c 14 surrounding environment, including consideration of the site's natural "a 0 15 topography and vegetation, surrounding exemplary architectural style ' r i+ 16 with tower elements along with complimentary earth-toned colors. E 17 Policy 5.7.6, encourages architectural detailing, which includes richly articulated surfaces rather than plain or blank walls. 18 Y The project site is flat and has been disturbed in the past, and therefore, 19 contains no natural vegetation. The site is surrounded to the north by 20 light industrial businesses. The proposed project will result in the 21 construction of a 564,652 square foot industrial warehouse building 22 with ancillary parking and landscaping. The concrete tilt-up building 23 will be articulated on all sides through the use of varying parapet 24 heights, corner tower elements and the use of color and varying 25 materials to break up the mass of the building walls. The rooftop 26 equipment will be screened, and extensive landscaping will be provided along the project's Waterman Avenue and Dumas Street frontages, 27 consistent with these policies. 28 2 Packet Pg. 108 1 Finding No. 2: The proposed amendment would not be detrimental to the public 2 interest,health, safety, convenience, or welfare of the City. Finding of Fact: The proposed amendment will not be detrimental to the public interest, 3 health, safety, convenience, or welfare of the City in that amendment 4 from approximately 4 acres of Office Industrial Park (OIP) and 5 approximately 14.4 acres of Public-Commercial Recreation (PCR) to 6 Industrial Light (IL) will facilitate the development of a warehouse 7 facility on a parcel that is partially developed. The project site has 8 direct access from Waterman Avenue and Dumas Street, will be fully 9 served by utility providers, will be construction in accordance with all N 0 10 applicable codes and regulations, and will not result in the need for the M excessive provision of services. CD 11 �; Finding No. 3 The proposed amendment would maintain the appropriate balance of LO 12 land uses within the City. d 13 Finding of Fact: The proposed amendment from approximately 4 acres of Office c 14 Industrial Park (OIP) and approximately 14.4 acres of Public- 0 15 Commercial Recreation (PCR) to Industrial Light (IL) would affect ' 16 25.25 acres of land that are partially developed. The proposed, 17 amendment maintains an appropriate balance of land uses by providing for the re-use of an existing industrial property. The proposed a 18 amendment will not change the balance of land uses in the City. 19 Finding No. 4 The subject parcels are physically suitable (including but not limited to, 20 access, provision of utilities, compatibility with adjoining land uses, a 21 and adjoining land uses, and absence of physical constraints) for the 22 requested land use designation and the anticipated land use 23 development 24 Finding of Fact: The project site is currently consists of twelve (12) parcels that are 25 proposed to be merged into one, 25.25 acre parcel. The parcel will be 26 generally flat with direct access at four (4) locations along Waterman Avenue and Dumas Street. Utilities are available directly from 27 Waterman Avenue. A 564,652 square foot industrial warehouse 28 3 Packet Pg. 109 I building is proposed on the site. The site is sufficient in size to meet 2 parking, loading and landscaping requirements and there are no physical constraints on the site, such as steep slopes or watercourses. 3 SECTION 3. Findings of Fact — Development Code Amendment/Zoning Map 4 Amendment 15-04. 5 Finding No. 1: The proposed amendment is consistent with the General Plan. 6 Finding of Fact: The proposed amendment will result in removing approximately 4 acres 7 of existing Office Industrial Park (OIP) and approximately 14.4 acres of 8 Public-Commercial Recreation (PCR) land use designations/zoning 9 districts from the project site, resulting in the entire site having the N 0 10 Industrial Light (IL) land use designation/zoning district. The new O CL Industrial Light (IL) land use designation will provide for the 11 �; accommodation of the development, establishment and operation of an LO RT 12 industrial warehouse building containing approximately 564,652 square d 13 feet, along with the construction of the required on-site and off-site c 14 improvements consistent with the City of San Bernardino Development O 15 Code. ' T 16 Finding No. 2: The proposed amendment would not be detrimental to the public E 17 interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed amendment will not be detrimental to the public interest, a 18 w health, safety, convenience, or welfare of the City in that amendment E 19 from Office Industrial Park (OIP) and Public-Commercial Recreation 20 (PCR) to Industrial Light (IL) will facilitate the development, Q 21 establishment and operation of an industrial warehouse building 22 containing approximately 564,652 square feet, along with the 23 construction of the required on-site and off-site improvements 24 consistent with the City of San Bernardino Development Code. The 25 project site has direct access from both Waterman Avenue and Dumas 26 Street, will be fully served by utility providers, will be construction in accordance with all applicable codes and regulations, and will not result 27 in the need for the excessive provision of services. 28 4 Packet Pg. 110 I SECTION 4. Compliance with the California Environmental Quality Act. 2 1. The Mayor and Common Council has independently reviewed, analyzed and exercised judgment in finding that General Plan Amendment 15-02, Development Code Amendment 3 (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and 4 Development Permit Type-D 15-11 will have no significant adverse effect on the environment 5 with incorporation of the Conditions of Approval and mitigation measures; and determining 6 that the Mitigated Negative Declaration, as accepted by the Planning Commission as to the 7 effects of this proposed project, is hereby adopted. 8 2. Mitigation measures identified in the Mitigated Negative Declaration have been 9 compiled in a Mitigation Monitoring and Reporting Program for General Plan Amendment N 0 10 15-02, Development Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 ( Tentative Parcel Map 19692) and Development Permit Type-D 15-11. The Mayor and 11 Common Council hereby approve the Mitigation Monitoring and Reporting Program Ln Itt 12 incorporated herein by reference. a� 13 SECTION 5. — General Plan Amendment 15-02, attached hereto as Exhibit A and m c 14 incorporated herein by reference, is hereby approved. O 15 SECTION 6. — Development Code Amendment (Zoning Map Amendment) 15-05, 16 attached hereto as Exhibit B and incorporated herein by reference, is hereby approved. 17 SECTION 7. — Subdivision 15-05 (Tentative Parcel Map 19692) and Development r Permit Type-D 15-11, as approved by Resolution, is incorporated herein by reference. a 18 y SECTION 8. - Notice of Determination: The Planning Division of the Community E 19 Development Department is hereby directed to file a Notice of Determination with the County 20 Clerk of the County of San Bernardino certifying the City's compliance with California Q 21 Environmental Quality Act in adopting the Mitigated Negative Declaration. 22 SECTION 9. Severability: If any section, subsection, subdivision, sentence, or 23 clause or phrase in this Resolution or any part thereof is for any reason held to be 24 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 25 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any 26 part thereof. The Mayor and Common Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 27 clauses, or phrases be declared unconstitutional, invalid, or ineffective. 28 5 Packet Pg. 111 1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 15-02 2 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF 25.25 ACRES FROM INDUSTRIAL (APPROXIMATELY 11.5 ACRES) AND OPEN SPACE 3 (APPROXIMATELY 14.4 ACRES) TO INDUSTRIAL, AND DEVELOPMENT CODE 4 AMENDMENT (ZONING MAP AMENDMENT) 15-04 TO CHANGE THE ZONING DISTRICT FROM INDUSTRIAL LIGHT (IL) (APPROXIMATELY 7.5 ACRES), 5 OFFICE INDUSTRIAL PARK (OIP) (APPROXIMATELY 4 ACRES) AND PUBLIC COMMERCIAL RECREATION (PCR) (APPROXIMATELY 14.4 ACRES) TO 6 INDUSTRIAL LIGHT (IL) IN ORDER TO ALLOW THE DEVELOPMENT AND ESTABLISHMENT OF AN INDUSTRIAL WAREHOUSE BUILDING CONTAINING 7 APPROXIMATELY 564,652 SQUARE FEET LOCATED ON THE SOUTHWEST 8 CORNER OF WATERMAN AVENUE AND DUMAS STREET. 9 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor o 10 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the day of , 2016,by the following vote to wit: 0 11 Council Members: AYES NAYS ABSTAIN ABSENT LO 12 MARQUEZ a� 13 BARRIOS c 14 VALDIVIA 15 SHORETT O 16 NICKEL RICHARD 17 MULVIHILL 18 y 19 U 20 Georgeann Hanna, City Clerk ° a 21 The foregoing Ordinance is hereby adopted this day of , 2016. 22 23 24 R. CAREY DAVIS, Mayor Approved as to form: City of San Bernardino 25 Gary D. Saenz, City Attorney 26 27 By: 28 6 Packet Pg. 112 EXHIBIT A O 2 F- LEGEND L Nr D....: , I_ND,. Ra - ,.NO_S_S_E:_INDUSTRIAL w W ¢ EXIS77NG PROPERTY LINE • D�U-N Q z�MI A, i S So"ya¢�,T R(�E EETem o v Q;1� I I o N o o Z� PROPOSED PROPER TY LINE>Q PROPOSED LAND USE., INDUSTRIAL A APW UMITS OF PROPOSED 0141-431-11 0141-431-12 LAND USE CHANGE E LQ L1 a_Cuvv�3 w PL PARK CENTER CIRCLE � F � o `. V) E Z � W Q I `c z � ^�--,.� �}`,•.� ,..'", . _ � - '..'— x LAN P�-ACE I ",.-EXIST GOLF COURSE Kimley»)Horn Cify San Bernardino PROPOSED GENERAL PLAN EXHIBIT WATERMAN INDUSTRIAL CENTER SITE ocrober a erns Packet Pg.113 EXHIBIT B O 2 F-- I LEGEND Q ZONE: INDUSTRIAL ZONE: OFFICE ZONE. INDUSTRIAL w LIGHT(1*L)_ _ LIGHT(IL) INDUSTRIAL PARK(OIP) �..� EXISTING PROPERTY LINE �,..�" DUMAS STREET = a --- PROPOSED PROPERTY UNE y p Q APN: / /:'! ad " Q)y PROPOSED ZONING., Z INDUSTRIAL LIGHT(IL) _ LIMITS OF PROPOSED W ZONING CHANGE H o u PL ! A PARK CENTER w CIRCLE / // �i�/ /�''f / '''''/ ://!rte/ 77- fl'f"'/ �1'X33 rs uj �o. ✓ / /f i', f/ / f /// /� �i F// '/'/ oa -.,2� /,// .+' ��/,� //�'�/�'jJ,.•' Lam" .-.^., i 2 ZONE: PUBLIC COMMERCIAL pL RECREATIONAL (PCP) - � .. . ,. EXIST GOLF COURSEi� sCity of San Bernardino Kimley»)Horn PROPOSED ZONING EXHIBIT $ WATERMAN INDUSTRIAL CENTER SITE odot»r 8 ZOIS Packet Pg.174 5.H.e 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A MITIGATED NEGATIVE DECLARATION AND 3 APPROVING SUBDIVISION 15-05 (TENTATIVE PARCEL MAP 19692) AND 4 DEVELOPMENT PERMIT TYPE-D 15-11 TO ALLOW THE DEVELOPMENT AND ESTABLISHMENT OF AN INDUSTRIAL WAREHOUSE BUILDING CONTAINING 5 APPROXIMATELY 564,652 SQUARE FEET, ALONG WITH THE CONSTRUCTION OF THE REQUIRED ON-SITE AND OFF-SITE IMPROVEMENTS, ON A PARCEL 6 CONTAINING APPROXIMATELY 25.25 ACRES LOCATED ON THE SOUTHWEST 7 CORNER OF WATERMAN AVENUE AND DUMAS STREET (APN'S: 0141-431-01, 029 03,04,08,09, 10, 11, 12, 16,20 AND 21)WITHIN THE INDUSTRIAL LIGHT(IL)ZONE. N 8 WHEREAS, on July 1, 2015, pursuant to the requirements of Chapter 19.50 (General LO 9 ca CL Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning 0 10 Map Amendment), §19.44.020 (Development Permit Applications) and §19.66.020 Go 11 (Subdivision Map Applications) of the City of San Bernardino Development Code, an T 12 application for General Plan Amendment 15-02, Development Code Amendment (Zoning c .y 13 Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and Development 14 Permit Type-D 15-11 was duly submitted by: c 15 0 Property Owner: Newcastle Partners 16 4740 Green River Road, Suite 118 17 Corona,CA 92880 N 18 Project Applicant: Newcastle Partners 4740 Green River Road, Suite 118 w 19 Corona, CA 92880 a r c 20 Parcel Address: Southwest Corner of Waterman Avenue and Dumas Street 21 APN'S: 0141-431-01, 02, 03, 04, 08, 09, 10, 11, 12, 16, 20 and 21 w Lot Area: 25.25 acres a 22 23 WHEREAS, General Plan Amendment 15-02 and Development Code Amendment 24 (Zoning Map Amendment) 15-04 is a request to change the General Plan Land Use 25 Designation and Zoning District of a site containing approximately 25.25 acres from 26 Industrial Light (IL), Office Industrial Park (OIP) and Public-Commercial Recreation (PCR) 27 to Industrial Light(IL); and 28 1 Packet Pg. 115 ® 1 WHEREAS, Subdivision 15-05 (Tentative Parcel Map 19692) is a request to consolidate twelve (12) individual parcels into one (1) parcel containing approximately 25.25 2 acres; and 3 WHEREAS, Development Permit Type-D 15-11 is a request to allow the 4 development and establishment of an industrial warehouse building containing approximately 5 564,652 square feet, along with the construction of the required on-site and off-site 6 improvements; and 7 WHEREAS, pursuant to requirements of §15063 of the California Environmental 8 Quality Act, the Planning Division of the City of San Bernardino accepted the Initial o LO f 9 Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program a submitted by the applicant for General Plan Amendment 15-02, Development Code 10 CO Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map v 11 V 19692) and Development Permit Type-D 15-11; and r 12 WHEREAS, on February 1, 2016, pursuant to requirements of§15072 and §15073 of 2 .N 13 the California Environmental Quality Act, the Planning Division of the City of San 14 Bernardino published a Notice of Intent to Adopt a Mitigated Negative Declaration and o Y commenced the required thirt y (30) da yp ublic review period on the Initial Stud y/Mite ated o 15 16 Negative Declaration for General Plan Amendment .15-02, Development Code Amendment W (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and r 17 18 Development Permit Type-D 15-11; and E WHEREAS, on February 28, 2016, pursuant to the requirements of §19.50.020, w 19 ¢ §19.42.020, §19.66.150 and §19.44.030 of the City of San Bernardino Development Code, the 20 Development and Environmental Review Committee reviewed the application and moved the E 21 Initial Study/Mitigated Negative Declaration and General Plan Amendment 15-02, 22 Development Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 23 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11 to the Planning 24 Commission for consideration; and 25 WHEREAS, during the CEQA mandated thirty (30) day public review period, the 26 Planning Division of the City of San Bernardino received comments on the Draft Mitigated Negative Declaration and Initial Study prepared for General Plan Amendment 15-02, 27 28 2 Packet Pg. 116 1 Development Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 2 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11; and WHEREAS, on May 3, 2016, the Planning Division of the City of San Bernardino 3 received a letter from Kimley-Horn on behalf of the Newcastle Partners responding to the 4 comments submitted regarding the Draft Mitigated Negative Declaration and Initial Study 5 prepared for General Plan Amendment 15-02, Development Code Amendment (Zoning Map 6 Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and Development 7 Permit Type-D 15-11; and 8 WHEREAS, the Planning Division of the City of San Bernardino has accepted the c LO 9 responses prepared by Kimley-Horn to the comments received on the Draft Mitigated a Negative Declaration and Initial Study prepared for General Plan Amendment 15-02, 10 LO Development Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 CO 11 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11; and .= 12 WHEREAS, on May 18, 2016, pursuant to the requirements of§19.52.040 of the City •2 13 ' of San Bernardino Development Code, the Planning Commission held the duly noticed public � 14 hearing at which interested persons had an opportunity to testify in support of, or opposition o 15 to the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting o 16 Program submitted by the applicant for General Plan Amendment 15-02, Development Code Of Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 17 19692) and Development Permit Type-D 15-11, and at which meeting the Planning t 18 Commission adopted Resolution No. 2016-030 recommending to the Mayor and Common w 19 a Council the adoption of the Mitigated Negative Declaration and the approval of General Plan 20 Amendment 15-02, Development Code Amendment (Zoning Map Amendment) 15-04, E 21 Subdivision 15-05 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11; and a 22 WHEREAS, pursuant to the requirements of Chapters 19.36, 19.42, 19.44, 19.66 and 23 19.74 of the City of San Bernardino Development Code, the Mayor and Common Council has 24 the authority to take action on the Mitigated Negative Declaration, General Plan Amendment 25 15-02, Development Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 26 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11; and WHEREAS, notice of the July 5, 2016 public hearing for the Mayor and Common 27 Council's consideration of the proposed Resolution was published in The Sun newspaper on 28 3 Packet Pg. 117 mom 1 June 25 2016, and was mailed to property owners within a 500 foot radius of the project site 2 in accordance with Development Code Chapter 19.52. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 3 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 4 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 5 are true and hereby adopt and incorporate them herein. 6 SECTION 2. Findings of Fact—General Plan Amendment 15-02. 7 Finding No. 1: The proposed amendment is internally consistent with the General Plan. 8 Finding of Fact: The proposed amendment will result in removing the existing Office o 9 Industrial Park (OIP) and Public-Commercial Recreation (PCR) land use designations/zoning districts from the project site, resulting in the 10 LO co entire site having the Industrial Light (IL) land use designation/zoning 11 district. The Industrial Light (IL) zone is intended to retain, enhance, 12 and provide for the new development of lighter industrial uses along y 13 major vehicular, rail, and air transportation routes serving the City. The 14 change in land use/zoning would provide a single land use/zoning o 15 district over the entire 25.25 acre parcel and would allow the o 16 development of an industrial warehouse, which is consistent with the light industrial uses in the project vicinity, located to the north of the 17 18 project site. The project is also consistent with the following General E Plan policies: .2 19 a Policy 2.5.6, which requires that new development be designed to 20 complement and not devalue the physical characteristics of the E 21 surrounding environment, including consideration of the site's natural r 22 topography and vegetation, surrounding exemplary architectural style 23 with tower elements along with complimentary earth-toned colors. 24 Policy 5.7.6, encourages architectural detailing, which includes richly 25 articulated surfaces rather than plain or blank walls. 26 The project site is flat and has been disturbed in the past, and therefore, contains no natural vegetation. The site is surrounded to the north by 27 light industrial businesses. The proposed project will result in the 28 4 Packet Pg. 118 5.H.e 1 construction of a 564,652 square foot industrial warehouse building 2 with ancillary parking and landscaping. The concrete tilt-up building will be articulated on all sides through the use of varying parapet 3 heights, corner tower elements and the use of color and varying 4 materials to break up the mass of the building walls. The rooftop 5 equipment will be screened, and extensive landscaping will be provided 6 along the project's Waterman Avenue and Dumas Street frontages, 7 consistent with these policies. 8 Finding No. 2: The proposed amendment would not be detrimental to the public c to 9 interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed amendment will not be detrimental to the public interest, 10 LO health, safety, convenience, or welfare of the City in that amendment 11 from Office Industrial Park (OIP) and Public-Commercial Recreation 12 (PCR) to Industrial Light (IL) will facilitate the development of a 2 13 warehouse facility on a parcel that is partially developed. The project 14 site has direct access from Waterman Avenue and Dumas Street, will o .2 15 be fully served by utility providers, will be construction in accordance o N 16 with all applicable codes and regulations, and will not result in the need for the excessive provision of services. 17 C 18 Finding No. 3 The proposed amendment would maintain the appropriate balance of U land uses within the City. w 19 a Finding of Fact: The proposed amendment from Office Industrial Park (OIP) and 20 Public-Commercial Recreation (PCR) to Industrial Light (IL) would t 21 affect 25.25 acres of land that are partially developed. The proposed a 22 amendment maintains an appropriate balance of land uses by providing 23 for the re-use of an existing industrial property. The proposed 24 amendment will not change the balance of land uses in the City. 25 Finding No. 4 The subject parcels are physically suitable (including but not limited to, 26 access, provision of utilities, compatibility with adjoining land uses, and adjoining land uses, and absence of physical constraints) for the 27 28 5 Packet Pg. 119 1 requested land use designation and the anticipated land use 2 development Finding of Fact: The project site is currently consists of twelve (12) parcels that are 3 proposed to be merged into one, 25.25 acre parcel. The parcel will be 4 generally flat with direct access at four (4) locations along Waterman 5 Avenue and Dumas Street. Utilities are available directly from 6 Waterman Avenue. A 564,652 square foot industrial warehouse 7 building is proposed on the site. The site is sufficient in size to meet 8 parking, loading and landscaping requirements and there are no 0 Ln 9 physical constraints on the site, such as steep slopes or watercourses. Q SECTION 3. Findings of Fact — Development Code Amendment (Zoning Map 10 LO A co mendment) 11 Finding No. 1: The proposed amendment is consistent with the General Plan. 12 Finding of Fact: The proposed amendment will result in removing the existing Office 2 13 Industrial Park (OIP) and Public-Commercial Recreation (PCR) land � 14 use designations/zoning districts from the project site, resulting in the o 15 entire site having the Industrial Light (IL) land use designation/zoning c N 16 district. The new Industrial Light (IL) land use designation will provide 0� 17 for the accommodation of the development, establishment and w 18 operation of an industrial warehouse building containing approximately E 564,652 square feet, along with the construction of the required on-site w 19 a and off-site improvements consistent with the City of San Bernardino 20 Development Code. E 21 Finding No. 2: The proposed amendment would not be detrimental to the public r a 22 interest, health, safety, convenience, or welfare of the City. 23 Finding of Fact: The proposed amendment will not be detrimental to the public interest, 24 health, safety, convenience, or welfare of the City in that amendment 25 from Office Industrial Park (OIP) and Public-Commercial Recreation 26 (PCR) to Industrial Light (IL) will facilitate the development, establishment and operation of an industrial warehouse building -�..� 27 containing approximately 564,652 square feet, along with the 28 6 Packet Pg. 120 5.H.e 1 construction of the required on-site and off-site improvements Z consistent with the City of San Bernardino Development Code. The project site has direct access from both Waterman Avenue and Dumas 3 Street, will be fully served by utility providers, will be construction in 4 accordance with all applicable codes and regulations, and will not result 5 in the need for the excessive provision of services. 6 SECTION 4. Findings of Fact— Subdivision 15-05 (Tentative Parcel Map 19692). 7 Finding No. 1: The proposed map is consistent with the General Plan. 8 Finding of Fact: The proposed Tentative Parcel Map to accommodate the development o LO 9 of the industrial warehouse building containing approximately 564,652 square feet, along with the construction of the required on-site and off- 10 00 site improvements will provide additional economic development v 11 opportunities with the City, the proposed project is permitted within the r 12 proposed Industrial Light (IL) zone, subject to the approval of a •2 13 General Plan Amendment, Development Code Amendment (Zoning 14 Map Amendment) and Development Permit Type-D with the c w 15 appropriate Conditions of Approval and CEQA determination, and the o N 16 proposed Industrial Light (IL) zone is consistent with the proposed W Industrial Light General land use designation set forth by the General w 17 CD Plan Land Use Map. s 18 Finding No. 2: The design and improvements of the proposed subdivision is consistent w 19 a with the General Plan. r c 20 Finding of Fact: General Plan Land Use Goal 2.2 states: Promote development that E 21 integrates with surrounding land uses." The proposed Tentative Parcel 22 Map will be consistent with the pattern of development within the 23 existing surrounding neighborhood. 24 General Plan Land Use policy 2.7.5 states: "Require that developments 25 conform to the availability of public infrastructure to accommodate its 26 demands and mitigate its impacts." The proposed Tentative Parcel Map will connect to existing water and sewer services, roads, storm drains, 27 and private utilities. 28 7 Packet Pg. 121 1 Finding No. 3 The site is physically suitable for the type of development. 2 Finding of Fact: The proposed project is permitted within the proposed Industrial Light (IL) zone, subject to the approval of a General Plan Amendment, 3 Development Code Amendment/Zoning Map Amendment and 4 Development Permit Type-D with the appropriate Conditions of 5 Approval and CEQA determination is permitted within the proposed 6 Industrial Light (IL) zone. The subject site as an industrial development 7 is sufficient in size to accommodate the proposal under General Plan 8 Amendment 15-02, Development Code Amendment/Zoning Map 9 men T 9 Amendment 15-04, Subdivision 15-05 and Development Permit Type- a D 15-11 as required by the City of San Bernardino Development Code. 10 CO CO Therefore, the subject site is physically suitable for the proposal. 11 Finding No. 4 The site is physically suitable for the proposed density of development. r 12 Finding of Fact: The development of the industrial warehouse building containing 2 13 approximately 564,652 square feet, along with the construction of the 14 required on-site and off-site improvements is permitted within the o 15 proposed Industrial Light (IL) zone, subject to the approval of a y 16 General Plan Amendment, Development Code Amendment/Zoning 17 Map Amendment and Development Permit Type-D with the appropriate a� Conditions of Approval and CEQA determination. The subject site as a t 18 commercial development is sufficient in size to accommodate the 19 a proposal under Development Permit Type-D 15-11 as required by the 20 City of San Bernardino Development Code. Therefore, the subject site E 21 is physically suitable for the proposal. a 22 Finding No. 5: The design of the subdivision and the proposed improvements will not 23 cause substantial environmental damage or substantially or avoidably 24 injure fish or wildlife or their habitat. 25 Finding of Fact: The design of the subdivision will not have any significant negative 26 impacts to wildlife or their habitat. The project site is an existing partially developed site and surrounded by urban development. No 27 28 8 Packet Pg. 122 1 significant negative impacts on the environment are anticipated to result 2 from re-use of the existing site. Finding No. 6: The design of the subdivision or type of improvements will not cause 3 serious public health problems. 4 Finding of Fact: The design of the proposed subdivision meets all of the applicable 5 Development Code requirements and will not result in any serious 6 public health problems. The proposed parcel will have access to 7 existing public streets. Existing utilities and public services are 8 available to serve the project site and ensure the maintenance of public c LO V- 9 health and safety. a Finding No. 7: The design of the subdivision or the type of improvements will not 10 LO conflict with easements, acquired by the public at large, for access v 11 through or use of, property within the proposed subdivision. t= 12 Finding of Fact: The design of the subdivision will not conflict with any public or 2 13 private easements. All documentation relating to easements and 14 dedications will be reviewed and approved by the City Engineer prior o 15 to recordation of the Final Map. Existing easements will be reserved in o 16 place or relocated, as necessary. 17 SECTION 5. Findings of Fact—Development Permit Type-D 15-11. w 18 Finding No. 1: The proposed development is permitted within the subject zoning E district and complies with all applicable provisions of the Development Y 19 a Code, including prescribed site development standards and applicable 20 design guidelines. E 21 Finding of Fact: The proposed development of a 564,652 square foot industrial w a 22 warehouse building is a permitted use within the proposed Industrial 23 Light (IL) zone, subject to the approval of a Development Permit Type- 24 D with the appropriate Conditions of Approval and CEQA 25 determination. The proposal under Development Permit Type-D 15-11 26 will be developed in compliance with all of the applicable provisions of the City of San Bernardino Development Code, including development 27 standards and applicable design guidelines. Additionally, the Land Use 28 9 Packet Pg.123 Ar 1 Element (Table LU-2) lists the intended uses for the Industrial Light 2 (IL) zone, and permits a variety of activities that are conducted indoors, such as light manufacturing, assembly uses, warehouse and distribution, 3 administrative offices, and similar uses. Therefore, the proposal would 4 not impair the integrity and character of the subject land use district. 5 Finding No. 2: The proposed use is consistent with the General Plan. 6 Finding of Fact: General Plan and Use Policy 2.5.4 requires that all new structures 7 achieve a high level of architectural design and provide careful 8 attention to details. o 9 General Plan Goal 4.1 encourages economic activity that capitalizes on the transportation and locational strengths of San Bernardino. 10 CO The proposed development of a 564,652 square foot industrial v 11 warehouse building will provide additional economic development 12 opportunities within the City, consistent with the General Plan goal and .2 13 policy cited above. Land Use Element (Table LU-2) also lists the 14 intended uses for the Industrial Light zone, and permits a variety of o w 15 uses including light manufacturing, assembly uses, warehouse and o y 16 distribution,, administrative offices, and other similar uses. The proposed project has been designed with contemporary unifying 17 architectural design elements and will be compatible with other E 18 industrial warehouse and office buildings within the surrounding area. w 19 a Additionally, the proposed project is permitted within the proposed 20 Industrial Light (IL) zone, subject to the approval of a Development E 21 Permit Type-D with the appropriate Conditions of Approval and CEQA a 22 determination, and the proposed Industrial Light (IL) zone is consistent 23 with the proposed Industrial land use designation set forth by the 24 General Plan Land Use Map. 25 Finding No. 3 The proposed development is harmonious and compatible with existing 26 and future developments within the land use district and general area, as well as the land uses presently on the subject property. 27 28 10 Packet,Pg. 124 1 Finding of Fact: The proposed development of a 564,652 square foot industrial 2 warehouse building will be harmonious and compatible with existing and future developments within the proposed Industrial Light (IL) zone 3 and the surrounding area. The scale and density of the proposed 4 development is similar to that of the existing industrial development in 5 the area and it conforms to the development standards of the Industrial 6 Light (IL) zone. Since the proposal is consistent with both the General 7 Plan and Development Code, no land use conflict is expected to result 8 from construction of the proposed project. o LO 9 Finding No. 4 The proposed development is in compliance with the requirements of a the California Environmental Quality Act (CEQA) and §19.20.030 of 10 LO CO the Development Code. 11 Finding of Fact: In accordance with §15063 of the California Environmental Quality Act 12 (CEQA), an Initial Study/Mitigated Negative Declaration was prepared N 13 in connection with General Plan Amendment 15-02, Development 14 Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 0 15 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11 0 N 16 for the development, establishment and operation of an industrial 17 warehouse building containing approximately 564,652 square feet along with the construction of the required on-site and off-site E 18 improvements. In accordance with §15097 of CEQA, a Mitigation 19 a Monitoring and Reporting Program has been prepared in order to 20 ensure that the mitigation measures are implemented to prevent E 21 potential environmental impacts. a 22 Finding No. 5: There will be no potentially significant negative impacts upon 23 environmental quality and natural resources that could not be properly 24 mitigated and monitored. 25 Finding of Fact: In accordance with §15063 of the California Environmental Quality Act 26 (CEQA), an Initial Study/Mitigated Negative Declaration was prepared in connection with General Plan Amendment 15-02, Development 27 Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 28 11 Packet Pg. 125 1 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11 2 for the development, establishment and operation of an industrial warehouse building containing approximately 564,652 square feet 3 along with the construction of the required on-site and off-site 4 improvements. In accordance with §15097 of CEQA, a Mitigation 5 Monitoring and Reporting Program has been prepared in order to 6 ensure that the mitigation measures are implemented to prevent 7 potential environmental impact. Therefore, the proposed industrial 8 warehouse building containing approximately 564,652 square feet q LO 9 along with the required on-site and off-site improvements will be c completed in a manner so that it is consistent with the surrounding 10 CO CO neighborhood, and no significant negative impacts on the environment 11 are anticipated. 12 Finding No. 6: The subject site is physically suitable for the type and density/intensity 0 13 of use being proposed. 14 Finding of Fact: The proposed industrial warehouse building containing approximately o 15 564,652 square feet along with the required on-site and off-site o N 16 improvements is permitted within the proposed Industrial Light (IL) zone, subject to the approval of a General Plan Amendment, 17 Development Code Amendment (Zoning Map Amendment) and E 18 Development Permit Type-D with the appropriate Conditions of y 19 a Approval and CEQA determination. The subject site as a commercial r 20 development is sufficient in size to accommodate the proposal under E 21 Development Permit Type-D 15-11 as required by the City of San r a 22 Bernardino Development Code. Therefore, the subject site is physically 23 suitable for the proposal. 24 Finding No. 7 There are adequate provisions for public access, water, sanitation, and 25 public utilities and services to ensure that the proposed use would not 26 be detrimental to public health and safety. Finding of Fact: There are adequate provisions for public access, public utilities, and 27 public services for the proposed industrial warehouse building 28 12 Packet Pg. 126 1 containing approximately 564,652 square feet along with the construction of the required on-site and off-site improvements. The 2 existing site is located adjacent to and already served by existing public 3 streets and a full range of public utilities and services. All applicable 4 Codes will apply to the proposed development. Therefore, subject to the 5 Conditions of Approval, the proposed development under Development 6 Permit Type-D 15-11 will not be detrimental to public services or 7 public health and safety. 8 Finding No. 8 The location, size, design, and operating characteristics of the proposed c LO 9 use are compatible with the existing and future land uses within the a general area in which the proposed use is to be located and will not 10 LO create significant noise, traffic or other conditions or situations that may co 11 be objectionable or detrimental to other permitted uses in the vicinity or r 12 adverse to the public interest, health, safety, convenience, or welfare of 2 13 the City. a� 14 Finding of Fact: The proposed development of the industrial warehouse building o ed 15 containin g approximately 564,652 square feet along with the require N 16 on-site and off-site improvements conforms to all applicable development standards and land use regulations of the proposed 17 Q 18 Industrial Light (IL) zone. Therefore, the design of the project, in conjunction with the recommended Conditions of Approval, will ensure 19 a that the proposal will not create significant noise, traffic, or other 20 conditions or situations that may be objectionable or detrimental to s 21 U other permitted uses in the vicinity of the site, nor will it be adverse to w a 22 the public interest, health, safety, convenience or welfare of the City. 23 The location, size, design and character of the proposed development 24 will enhance the neighborhood to the benefit of the public interest and _ 25 general welfare of the City. 26 SECTION 6. Compliance with the California Environmental Quality Act. 1. The Mayor and Common Council has independently reviewed, analyzed and exercised .. 27 judgment in finding that General Plan Amendment 15-02, Development Code Amendment ..,. 28 13 Packet Pg. 127 I (Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and 2 Development Permit Type-D 15-11 will have no significant adverse effect on the environment with incorporation of the Conditions of Approval and mitigation measures; and determining 3 that the Mitigated Negative Declaration, as accepted by the Planning Commission as to the 4 effects of this proposed project, is hereby adopted. 5 2. Mitigation measures identified in the Mitigated Negative Declaration have been 6 compiled in a Mitigation Monitoring and Reporting Program for General Plan Amendment 7 15-02, Development Code Amendment (Zoning Map Amendment) 15-04, Subdivision 15-05 8 (Tentative Parcel Map 19692) and Development Permit Type-D 15-11. The Mayor and c LO 9 Common Council hereby approve the Mitigation Monitoring and Reporting Program attached a as Exhibit A, and incorporated herein by reference. 10 co co SECTION 7. — General Plan Amendment 15-02, as approved by Ordinance, is 11 incorporated herein by reference. r 12 SECTION 8. — Development Code Amendment (Zoning Map Amendment) 15-04, as 2 13 approved by Ordinance, is incorporated herein by reference. 14 SECTION 9. — Subdivision 15-05 (Tentative Parcel Map 19692) and Development o 15 Permit Type-D 15-11, subject to the Conditions of Approval attached hereto as Exhibit B and N 16 incorporated herein by reference, is hereby approved. 17 SECTION 10. - Notice of Determination: The Planning Division of the Community Development Department is hereby directed to file a Notice of Determination with the County s 18 Clerk of the County of San Bernardino certifying the City's compliance with California r 19 a Environmental Quality Act in adopting the Mitigated Negative Declaration. 20 SECTION 11. Severability: If any section, subsection, subdivision, sentence, or E 21 clause or phrase in this Resolution or any part thereof is for any reason held to be r a 22 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 23 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any 24 part thereof. The Mayor and Common Council hereby declares that it would have adopted 25 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 26 clauses, or phrases be declared unconstitutional, invalid, or ineffective. 27 28 14 Packet Pg. 128 rrrrrnr�.. 5.H-e 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A MITIGATED NEGATIVE DECLARATION AND 2 APPROVING SUBDIVISION 15-05 (TENTATIVE PARCEL MAP 19692) AND DEVELOPMENT PERMIT TYPE-D 15-11 TO ALLOW THE DEVELOPMENT AND 3 ESTABLISHMENT OF AN INDUSTRIAL WAREHOUSE BUILDING CONTAINING 4 APPROXIMATELY 564,652 SQUARE FEET, ALONG WITH THE CONSTRUCTION OF THE REQUIRED ON-SITE AND OFF-SITE IMPROVEMENTS, ON A PARCEL 5 CONTAINING APPROXIMATELY 25.25 ACRES LOCATED ON THE SOUTHWEST CORNER OF WATERMAN AVENUE AND DUMAS STREET (APN'S: 0141-431-01, 02, 6 03, 04, 08, 09, 10, 11, 12, 16, 20 AND 21) WITHIN THE PROPOSED INDUSTRIAL 7 LIGHT(IL)ZONE. 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor o LO and Common Council of the City of San Bernardino at a regular meeting thereof, held on the co 9 day of , 2016,by the following vote to wit: 10 00 11 Council Members: AYES NAYS ABSTAIN ABSENT T 12 MARQUEZ a .N 13 BARRIOS 14 VALDIVIA o Y 15 SHORETT o 16 NICKEL 17 RICHARD N CD 18 MULVIHILL E U w w 19 a G 20 Georgeann Hanna, City Clerk E 21 22 The foregoing Resolution is hereby approved this - day of 12016. a 23 24 R. CAREY DAVIS, Mayor 25 Approved as to form: City of San Bernardino 26 Gary D. Saenz, City Attorney 27 28 By: 15 Packet Pg. 129 5.H.f Waterman Industrial Center Initial Study Mitigation Monitoring and Reporting Program Summary of Mitigation Measures and Monitoring Program for the Waterman Industrial Center Initial Study Monitoring Party Responsible Agency Compliance for Implementation Responsible for Monitoring/ Monitoring Record Mitigation Measures Implementation Trigger/Timing Monitoring Reporting Action Frequency (Name/Date) o Biological Resources r m a B-1a:Trees and other suitable nesting Developer- Surveys Community Review survey Review survey Initials: 0 habitat within the limits of work shall be contracted initiated no Development results and and evidence Date: ,O biologist more than 72 Department evidence of(a) once prior to CO surveyed by a qualified biologist prior to hours prior to consultation with the onset of v initiating construction-related activities. the onset of CDFW,and(b) construction or Initials: A pre Construction survey would be construction or avoidance and ground- Date: Q ground- minimization disturbing conducted no more than 72 hours prior disturbing measures. activities. s to the start of work.If no nests are activities. Review w monitoring report observed,construction activities should o and conduct site be initiated within 72 hours.If more inspections than 72 hours pass and construction has not been initiated,another survey would be required. N Developer- As a result of Community Review,as As necessary Initials: B 1b:If,during the breeding season,an contracted survey required Development applicable,survey based on Date: E active nest is discovered in a tree or biologist in mitigation Department results and discovery of shrub to be removed,the tree or shrub measure B-1a. evidence of(a) nesting birds R onsultation with Initials: shall be protected usin g orange Q g CDFW,and(b) Date: construction fence or the equivalent. avoidance and C minimization m t The protective fencing shall be placed measures. around the tree or shrub at the following distance depending on species:25 feet a from the drip line of the tree or shrub for passerines and non-raptors;300 feet from the drip line of the tree for raptors. No parking,storage of materials,or 1 Packet Pg.130 Waterman Industrial Center Initial Study Mitigation Monitoringand Reporting Program Summary of Mitigation Measures and Monitoring Program for the Waterman Industrial Center Initial Study(Continued) Monitoring Party Responsible Agency Compliance for Implementation Responsible for Monitoring/ Monitoring Record Mitigation Measures Implementation Trigger/Timing Monitoring Reporting Action Frequency (Name/Date) c work would be allowed within this area until the end of the breeding season or tCL until the young have fledged,as determined by a qualified biologist. CO B-2:Tree Removal Permit.Prior to the Developer- Prior to the Community Prepare/review Review plan Initials: issuance of a grading permit,an arborist contracted issuance of a Development final report/ once prior to Date: Q arborist grading permit Department issue tree tree removal survey and report including a tree removal permit replacement program shall be prepared Initials: x for review and approval by the City of Date: San Bernardino Community 2 Development Director.Subject to the 0 0 approval of the report,the City shall issue a tree removal permit. N Cuftural Resources CR-1:Prior to beginning project Developer- Duringground- Community Conduct site Review Initials:_ contracted disturbing Development inspection/ specifications Date: Construction,the Project applicant shall archaeological activities Department review final once;monitor retain an archaeological monitor to monitor report(s) during regular monitor initial ground-disturbing inspections Initials: activities in an effort to identify any Date: _ unknown archaeological resources.Any c newly discovered cultural resource Q deposits shall be subject to a cultural resources evaluation. 2 Packet Pg.131 Waterman Industrial Center Initial Study Mitigation Monitoring and Reporting Program Summary of Mitigation Measures and Monitoring Program for the Waterman Industrial Center Initial Study(Continued) Monitoring Party Responsible Agency Compliance for Implementation Responsible for Monitoring/ Monitoring Record _ Mitigation Measures Implementation Trigger/Tlming Monitoring Reporting Action Frequency (Name/Date) N 0 Geology and Soils r o. G-1:All grading and construction of the Developer- Prior to Public Review Review Initials: C7 Project site shall comply with the contracted issuance of Works/Engineering geotechnical specifications Date: engineer grading permit Division report and once;monitor a geotechnical recommendations construction during regular contained in the Geotechnical specifications inspections Initials: _ materials/ Date: Q Engineering Investigation prepared by Conduct site NorCal Engineering dated April 2015.All inspections recommendations contained in the x w report shall be incorporated into all final o and engineering and grading plans. �� 0 Greenhouse Gas Emissions o! Developer Prior to the Public Review building Review building Initials: N contracted issuance of Works/Engineering plans and plans and Date: GHG-1:The project applicant shall engineer and building or Division specifications and specifications provide sidewalks within the project construction occupancy retain for once;monitor. E contractor permits administrative during regular Initials: boundary and along the off-site roadway record/Conduct inspections Date: improvements. site inspections c d GHG-2:The project applicant shall Developer Prior to the Public Review plan and Review building Initials: L require that any future tenants institute issuance of Works/Engineering specifications and plans and Date: w building or Division retain for specifications a ride sharing program and employee occupancy administrative once prior to Q vanpool/shuttle that is open to all permits record/Conduct occupancy; Initials: employees. site inspections monitor during Date: regular inspections 3 Packet Pg.132 S.H.f Waterman Industrial Center Initial Study Mitigation Monitoring and Reporting Program Summary of Mitigation Measures and Monitoring Program for the Waterman Industrial Center Initial Study(Continued) Monitoring Party Responsible Agency Compliance for Implementation Responsible for Monitoring/ Monitoring Record Mitigation Measures Implementation Trigger/Timing Monitoring Reporting Action Frequency (Name/Date) No GHG-3:The project applicant shall Developer Prior to the Public Review building Review building Initials:_ r require that all building structures meet contracted issuance of Works/Engineering plans and plans and Date: a engineer and building or Division specifications and specifications C7 or exceed 2013 Title 24 Standards and construction occupancy retain for once;monitor Green Building Code Standards. contractor permits administrative during regular Initials:_ LO record/Conduct inspections Date: v site inspections Q GHG-4:The project applicant shall Developer Prior to the Public Review building Review building Initials: t require that all lighting installed in the contracted issuance of Works/Engineering plans and plans and Date: W engineer/architec buildingor Division specifications and specifications proposed structures uses on average a t and construction occupancy retain for once;monitor 0 minimum of 5 percent less energy than contractor permits administrative during regular Initials: .0 conventional metal halide warehouse record/Conduct inspections Date: o site inspections N lighting. IX N GHG-5:The project applicant shall Developer Piiorto the Public Review building Review building Initials: require that all faucets,toilets and contracted issuance of Works/Engineering plans and plans and Date: m engineer/architec building or Division specifications and specifications E showers installed in the proposed t and construction occupancy retain for once;monitor structures utilize low-flow fixtures that contractor permits administrative during regular initials: record/Conduct inspections Date: Q would reduce indoor water demand by site inspections c 20%per CalGreen Standards. m E r GHG-6:The project applicant shall Developer and Prior to the Public Review building Review building Initials: construction issuance of Works/Engineering plans and plans and Date: require that ENERGY STAR compliant Q contractor building or Division specifications and specifications appliances are installed on site. occupancy retain for once;monitor permits administrative during regular Initials: record/Conduct inspections Date: site inspections 4 Packet Pg.133 S.H.f Waterman Industrial Center Initial Study Mitigation Monitoring and Reporting Program Summary of Mitigation Measures and Monitoring Program for the Waterman Industrial Center Initial Study(Continued) Monitoring Party Responsible Agency Compliance for Implementation Responsible for Monitoring/ Monitoring Record Mitigation Measures Implementation Trigger/Timing Monitoring Reporting Action Frequency (Name/Date) o GHG-7:The project applicant shall Developer Prior to the Public Review plan and Review building Initials: require all future tenants to institute issuance of Works/Engineering specifications and plans and Date: a building or Division retain for specifications try recycling programs that reduces waste occupancy administrative once prior to to landfills by a minimum of 50 percent permits record/Conduct occupancy; Initials: (75 percent by 2020)and includes site inspections monitor during Date: c regular designated recycling bins at each inspections a proposed structure and requires all green waste to be processed at a x recycling or composting facility. w c Noise °— Construction ° N N N-1:During ll project site excavation IX g p ro 1 Construction Prior to the Public Review contract Once prior to Initials: and grading on site,construction contractor issuance of Works/Engineering. specifications and the onset of Date: N contractors shall equip all construction demolition Division notices;confirm construction or W permits or with monitoring ground- equipment,fixed or mobile,with ground disturbing Initials: £c properly operating and maintained disturbing activities Date: .Um+ activities Q mufflers,consistent with manufacturer standards. a N-2:The contractor shall place all construction Prior to the Public Review contract Once prior to Initials: t stationary construction equipment so contractor issuance of Works/Engineering specifications and the onset of Date: demolition Division notices;confirm construction or Q that emitted noise is directed away from permits or with monitoring ground_ the noise sensitive receptors nearest ground disturbing Initials: the project site. disturbing activities; Date: activities monitor during regular inspections 5 Packet Pg.134 S.H.f Waterman Industrial Center Initial Study Mitigation Monitoring and Reporting Program Summary of Mitigation Measures and Monitoring Program for the Waterman Industrial Center Initial Study(Continued) Monitoring Party Responsible Agency Compliance for Implementation Responsible for Monitoring/ Monitoring Record _ Mitigation Measures Implementation Trigger/nming Monitoring Reporting Action Frequency (Name/Date) t'+ 0 N-3:Equipment shall be shut off and not Construction Prior to the Public Review contract Once prior to Initials: r left to idle when not in use. contractor issuance of Works/Engineering specifications and the onset of Date: a demolition Division notices;confirm construction or permits or with monitoring ground- ground disturbing Initials: 00 disturbing activities; Date: activities monitor during regular Q inspections N-4:The contractor shall locate Construction Prior to the Public Review contract Once prior to Initials: r equipment staging in areas that will contractor issuance of Works/Engineering specifications and the onset of Date: w demolition Division notices;confirm construction or create the greatest distance between permits or with monitoring ground- o construction-related noise/vibration ground disturbing Initials: sources and sensitive receptors nearest disturbing activities; Date: N activities monitor during m the project site during all project regular IX construction. inspections N N-5:The project applicant shall Construction Prior to the Public Review contract Once prior to Initials:_ W m mandate that the construction contractor issuance of Works/Engineering specifications and the onset of Date: E demolition Division notices;confirm construction or contractor prohibit the use of music or permits or with monitoring ground- y sound amplification on the project site ground disturbing Initials: Q disturbing activities; Date: during construction. c activities monitor during � regular E inspections t U N-6:The construction contractor shall Construction Prior to the Public Review contract Once prior to Initials: =° limit haul truck deliveries to the same contractor issuance of Works/Engineering specifications and the onset of Date: Q demolition Division notices;confirm construction or hours specified for construction permits or with monitoring ground- equipment. ground disturbing Initials:_ disturbing activities; Date: activities monitor during 6 Packet Pg.135 Waterman Industrial Center Initial Study Mitigation Monitoring and Reporting Program Summary of Mitigation Measures and Monitoring Program for the Waterman Industrial Center Initial Study(Continued) Monitoring Parry Responsible Agency Compliance for Implementation Responsible for Monitoring/ Monitoring Record Mitigation Measures Implementation Trigger/Timing Monitoring Reporting Action Frequency (Name/Date) o regular r inspections m N-7:Limit the use of heavy equipment vY Construction Prior to the Public Review contract Once prior to Initials: L7 or vibratory rollers and soil compressors contractor issuance of Works/Engineering specifications and the onset of Date: ,n demolition Division notices;confirm construction or ao along the project boundaries to the permits or with monitoring ground- v greatest degree possible.It is ground disturbing Initials: acknowledged that some soil disturbing activities; Date: Q activities monitor during compression may be necessary along regular s the project boundaries. inspections w N-8:Jackhammers,pneumatic Construction Prior to the Public Review contract once prior to Initials:_ o equipment and all other portable contractor issuance of Works/Engineering specifications and the onset of Date: demolition Division notices;confirm construction or 2 stationary noise sources shall be permits or with monitoring ground- 0 shielded and noise shall be directed ground disturbing Initials:_ away from sensitive receptors. disturbing activities; Date:activities activities monitor during regular c inspections E E N-9:For the duration of construction Construction Prior to the Public Review contract Once prior to Initials: activities,the construction manager contractor issuance of Works/Engineering specifications and the onset of Date: r demolition Division notices;confirm construction or Q shall serve as the contact person should permits or with monitoring ground- noise levels become disruptive to local ground disturbing Initials: residents.A sign should be posted at disturbing activities; Date: 8 activities monitor during the project site with the contact phone regular number. inspections Q Operational N-10:The project shall construct an 8- Developer and During Public Review of site and Review building Initials: foot noise barrier along the northern construction construction Works/Engineering plans;confirm plans and Date: contractor Division with monitoring specifications 7 PacketPg.136 Waterman Industrial Center Initial Study Mitigation Monitoringand Reporting Program Summary of Mitigation Measures and Monitoring Program for the Waterman Industrial Center Initial Study(Continued) Monitoring Party Responsible Agency Compliance for Implementation Responsible for Monitoring/ Monitoring Record Mitigation Measures Implementation Trigger/Timing Monitoring Reporting Action Frequency (Name/Date) o project boundary in accordance with the once prior to Kunzman Noise Study.The wall shall be occupancy Initials: o. positioned at the top of slope or pad, Date: 0 whichever is greater such that it v provides optimum sound attenuation. Transportation/Traffic a TRAF-1:Install traffic signal at Developer Prior to Public Review of site and Review building Initials:_ t Waterman Avenue and Park Center issuance of works/Engineering plans;confirm plans and Date: i j occupancy Division with monitoring specifications rioo Circle North.The traffic signals within o permit once prior to the study area should include an occupancy Initials: interconnection of the traffic signals to Date: N function in a coordinated system. TRAF-2:As mitigation for the potential Developer Prior to Public Review of site and Review building Initials: a traffic impacts,the proposed project issuance of Works/Engineering plans;confirm plans and Date: c occupancy Division with monitoring specifications m shall contribute through local and permit once prior to regional adopted traffic impact fee occupancy Initials: programs in addition to any fair share Date: a contributions shown within the traffic c study which is not covered within these fee programs. R 8 Packet Pg.137 5.H.g EXHIBIT B CONDITIONS OF APPROVAL SUBDIVISION 15-05 (TENTATIVE PARCEL MAP 19692)AND DEVELOPMENT PERMIT TYPE-D 15-11 1. This is an approval to change the General Plan Land Use Designation and Zoning District of a site containing approximately 25.25 acres from Industrial Light (IL), Office Industrial Park (OIP) and Public-Commercial Recreation (PCR) to Industrial Light (IL); and, allow the development and establishment of an industrial warehouse building containing approximately 564,652 square feet, along with the required on-site and off-site improvements.. The project site is located at the Southwest Corner of Waterman Avenue and Dumas Street, within the Industrial Light (IL), Office Industrial Park (OIP) and Public Commercial Recreation(PCR) zones. c LO 1. The project site shall be developed and maintained in accordance with the plans stamped a July 5, 2016 (EXHIBIT "A"), approved by the City, which includes a site plan, on file in �? the Planning Division; the Conditions of Approval contained herein; and, the City's LO Municipal Code regulations. 2. The project shall be subject to all of the mitigation measures contained in the Mitigation m Monitoring and Reporting Program, dated July 5, 2016 (EXHIBIT "B"), and incorporated herein by reference as Conditions of Approval. w r 2. Within two (2) years of the Development Permit approval, commencement of .o 2 construction shall have occurred or the permit/approval shall become null and void. In o addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the N Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities E included in the Conditions of Approval. �o w EXPIRATION DATE: July 5,2018 Q c a� 3. 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 a ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 4. 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. 1 Packet Pg. 138 The applicant further agrees to reimburse the City for any costs and attorney's 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 Conditional Use Permit, this condition shall remain in effect if the Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. Planning Division 5. Minor modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds 10% of the o allowable measurable design/site considerations shall require the refilling of the original LO application. Q. c� 6. The project shall comply with all applicable requirements of the Building and Safety LO Division, Fire Department, Police Department, Municipal Water Department, Public Services Department and the City Clerk's Office/Business Registration Division. m 7. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, and w_ California Board of Equalization), as applicable. _ 2 8. The facility operator and property owner shall be responsible for regular maintenance of o the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed N and cleaned up within 24 hours of being reported. a� E 9. Signs are not approved as part of this permit. Prior to establishing any new signs or a replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Signs painted on the building are Q prohibited. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. m r 10. All exterior lighting shall be energy efficient with the option to lower or reduce usage Q when the facility is closed. Any electric signage may be required to be turned off when the businesses are closed. 11. A bicycle rack shall be installed in a convenient location on the site. 12. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. Loel 2 Packet Pg. 139 13. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval,printed on the plan sheets. 14. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy Building & Safety Division 15. Plans submitted shall conform to the 2013 California Building Codes. Please note this will include the California Green Building Code. 16. Project shall conform to Chapter 3 of California Building Code 2013. c 17. Project shall also conform to the requirements of Chapter 4 of the California Building Q Code, Special Details Requirements Based on use of Occupancy. �? LO co NT 18. Provide sprinkler requirements for the occupant load according to California Building Code 2013. m Y 19. Provide all disabled access requirements per Chapter 11 B and complete details on plans prior to plan review submittal. w ' o 20. There shall be a formal plan submittal prior to all issuance of permits. 0 cn 21. Refer to Chapter 7 of the California Building Code for Fire/Smoke Protection Requirements. N Y c 22. Please indicate all hydrants location on plans. E s U 23. Prior to submittal please obtain the city hand-out for Commercial/Industrial plan review guidelines. a� 24. The Building Department submittal is separate from the Fire Department. Y Y Fire Department `t 25. The developer shall provide for adequate fire flow. Minimum fire flow requirements shall be based on square footage, construction features, and exposure information supplied by the developer and must be available prior to placing combustible materials on site. 26. Public fire hydrants are required along streets at intervals not to exceed 300 feet for the commercial and multi-residential areas and at intervals not to exceed 500 feet for residential areas. 3 Packet Pg. 140 27. Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas. Minimum fire hydrant flow rates of 1,000 gpm at a 20 psi minimum residual are required for residential areas. 28. Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Department in conjunction with the water purveyor. Fire hydrant materials and installation shall confirm to the standards and specifications of the water purveyor. 29. Public fire hydrants, fire services, and public water facilities necessary to meet Fire Department requirements are the developer's financial responsibility and shall be installed by the water purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional information. o U) 30. Provide two separate, dedicated routes of ingress/egress to the property entrance. The a routes shall be paved, all weather. LO 00 Iq 31. Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface of or less than 20 feet of unobstructed width. m 32. Extend roadway to within 150 feet of all portions of the exterior wall of al single story buildings. w O �1 33. Provide "NO PARKING" signs whenever parking of vehicles would possibly reduce the = clearance of access roadways to less than the required width. Signs are to read "FIRE N LANE -NO PARKING-M.C. Sec 15.16". W N 34.All access roads and streets are to be constructed and usable prior to combustible construction. E U 35. Private fire hydrants shall be installed to protect each building located more than 150 feet Q from the curb line. No fire hydrants should be within 40 feet of any exterior wall. The hydrants shall be Wet Barrel type, with one 2 1/2 inch and 4 inch outlet, and approved by the Fire Department. Areas adjacent to fire hydrants shall be designated as a "NO c PARKING" zone by painting an 8 inch wide, red stripe for 15 feet in each direction in ED front of the hydrant in such a manner that it will not be blocked by parking vehicles. Q Lettering to be in white 6"by 1/2". 36. Address numerals shall be installed on the building at the front or other approved location in such a manner as to be visible from the frontage street. Commercial and multi-family address numerals shall be 6 inches tall, single-family address numerals shall be 4 inches tall. The color of the numerals shall contrast with the color of the background. 4 Packet Pg. 141 5.H.g 37. Fire extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A 10B/C. Minimum distribution of fire extinguishers must be such that no interior part of the building is over 75 feet travel distance from a fire extinguisher. 38. All buildings, over 5,000 square feet, shall be equipped with an automatic fire sprinkler system designed to NFPA standards. This includes existing buildings vacant over 365 days. 39. Submit plans for the fire protection to the Fire Department prior to beginning construction of the system. Permit required. 40. Tenant improvements in all sprinklered buildings are to be approved by the Fire o Department prior to start of construction. Permit required. "' R a 41. Fire Department connection to sprinkler system/standpipe system shall be required at Fire �? Department approved location. LO 42. Fire Code Permit required, at 200 E. 3rd Street (909) 384-5388. m 43. Fire Sprinkler monitoring required. Plans must be approved by the Fire Department prior t to the start of construction. Permit required. w_ 0 44. Knox Box is required. Contact(909) 384-5388 for information. 6 N 45. High-piled storage plans are required for storage over 12 feet and plastic over 6 feet. An approved sprinkler system capable of protecting the storage of plastic commodities is N required. A 06/3000 density is required as a minimum sprinkler protection throughout prior to occupancy. E U 46. All Fire Department standards shall be met for warehouses (FD Standard 100). a w Land Development Division _ 47. Drainage and Flood Control a. All necessary drainage and flood control measures shall be subject to a requirements of the Land Development Division, which may be based in part on the recommendations of the San Bernardino County Flood Control. The developer's Engineer shall furnish all necessary data relating to drainage to the flood control area. b. A permit will be required from the San Bernardino County Department of Transportation and Flood Control, if any work is required within the Flood Control District's right-of-way. 5 Packet Pg. 142 Qc. A local drainage study will be required for this 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. d. The detention basin shall be designed in accordance with "Detention Basin Design Criteria for San Bernardino County." Retention basins are not acceptable. e. The development is located within Zone A of the Federal Insurance Rate Maps on panel 0607lC8683H and 0607IC8684H with year August 28, 2008. The developer shall be responsible for providing an elevation certificate prepared in accordance with FEMA regulations to prove that all parcels are not subject to flooding in a 100-year storm. These certificates shall be provided in a form that is suitable for submittal to FEMA in order to obtain a Letter of Map Revision o (LOMR). The purpose of this process is to assure that future owners of these lots will not be required to purchase flood insurance. a f. All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be co provided to the satisfaction of the City Engineer. g. If site drainage is to be outletted into the public street, the drainage shall be 00 conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches w will not be permitted. h. A Full Categorical Water Quality Management Plan (WQMP) and a Storm Water c Pollution Prevention Plan (SWPPP) is required for this project. The applicant is directed to the County of San Bernardino Flood Control web page for the WQMP Technical Guidance Document and template. The Building Official, prior to N issuance of any permit, shall approve the WQMP and the SWPPP. i. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 1 acre or more of land (including the project y area, construction yards, storage areas, etc.). Q j. The Land Development Section, 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 19 graded areas which are not proposed to be immediately built upon. Q 48. 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 Director of Community Development. 6 Packet Pg. 143 S.H.g b. If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Community Development - Planning Division prior to issuance of any grading or site development permits. c. 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 Section. d. 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. e. 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, o LO such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. cC f. A liquefaction evaluation is required for the site. This evaluation must be co submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. m w Z g. The refuse enclosure(s) must be constructed in accordance with City Standard x Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 w feet. Where a refuse enclosure is proposed to be constructed adjacent to spaces for o parking passenger vehicles, a 3' wide by 6" high concrete planter shall be 5 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. N h. 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 y constructed of decorative block with architectural features acceptable to the City Q Planner. c d i. The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design conduit location, w material and size, and • Photometric plot shall be provided which show that the proposed on-site lighting design will provide: • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and • 0.25 foot-candles security lighting during all other hours. 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. 7 Packet Pg. 144 5.H.g k. An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. 1. Where an accessible path of travel crosses drive aisles, it shall be delineated by textured/colored concrete pavement. m. The project Landscape Plan shall be reviewed and approved by Land Development prior to issuance of a grading permit. Submit 5 copies to the Land Development Division for Checking. n. 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 o. All electrical transformers located outdoors on the site, shall be screened from n view with a solid wall or landscaping and shall not be located in any o setback/right-of-way area. If the transformer cannot be screened, it shall be located in an underground vault unless approved by the City Engineer pursuant to LO Section 19.30.110. 49. Utilities 00 a. Sewer main extensions required to serve the site shall be constructed at the x Developer's expense. w b. This project is located in the sewer service area maintained by the City of San 0 Bernardino therefore, any necessary sewer main extension shall be designed and 0 constructed in accordance with the City's "Sewer Policy and Procedures" and City Ix Standard Drawings. N c. A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. If the utilities are to be cut onto Waterman Avenue or Dumas E Street the cut street lane shall be striped and slurry sealed along the frontage for each lane that has utility cuts. a d. All existing overhead utilities adjacent to or traversing the site on either side of the street shall be placed underground in accordance with Section 19.20.030 of the Development Code. All electrical lines 33 KVA or more shall be exempt; however, these high voltage power lines are required to be relocated outside the Q ultimate designated curb separation and within the new right-of-way boundary. e. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer. 50. Mapping a. A Parcel Map based upon field survey will be required. 8 Packet Pg. 145 51. Improvement Completion a. Street, sewer, drainage improvement, traffic signals, and Landscape and irrigation plans for the entire project shall be completed, subject to the approval of the Community Development Director,prior to the Map recordation. b. If the construction/installation of required improvements, including landscaping is not completed prior to Map recordation, an improvement security accompanied by an agreement executed by the developer and the City will be required. c. If the required improvements are not proposed to be completed prior to recordation of the Parcel Map, a deferred improvement agreement in accordance with Section 19.30160 of the Development Code will be required. If the agreement is approved, an improvement certificate shall be placed on the Parcel Map, stating that the required improvements will be completed upon 9 LO development. CL 52. Street Improvement and Dedications tn CO a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to 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: 00 w 72 Street Name Right of Way (feet) Curb Line (feet) w Dumas Street 30 feet 20 feet kw� o Waterman Ave 55 feet 32 feet N b. Dumas Street- Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and Y departure transitions for traffic safety and drainage as approved a by the City Engineer. E Construct sidewalk adjacent to the site in accordance with City Standard No. 202; Case "A" (6' wide adjacent to curb). Q The pavement on Dumas Street shall be removed and replaced along the frontage of the project site for both sides of the street on Dumas Street. The street shall be rehabilitated and the structural street section shall be designed on the "R"value of the subgrade as determined by soils testing and the traffic Index. Install 6 Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2 along Dumas Street. Also, a separate light plan shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. 9 Packet Pg. 146 5.H.g C. Waterman Avenue- If the existing curb & gutter adjacent to the site are in poor condition, the curb & gutter shall be removed and reconstructed to City Standards. Curb & Gutter shall conform to Standard No. 200, Type `B" unless otherwise approved by the City Engineer. Construct sidewalk adjacent to the site in accordance with City Standard No. 202; Case "A" (6' wide adjacent to curb). The pavement on Waterman Avenue shall be rehabilitated adjoining the site shall be rehabilitated to centerline using a 2 1/2" max removal (to obtain a clean base surface) and replace in kind with an C-2 PB 64-10 cap. o LO Relocate one street light according to the City of San Bernardino street lighting plan. d. The existing 35 foot curb return at the intersection of Waterman Avenue and LO Dumas Street shall be re-constructed with a compliant handicap ramp, and a Iq reconstructed spandrel. The full length of the cross gutter shall be removed and replaced. Dedicate sufficient right-of-way at the corner to accommodate the ramp. 0° e. If a radius type Driveway Approach is used in lieu of the standard drive approach, X Idofts the throat of the driveway shall be paved in colored textured concrete. The drive w approach shall be accessible with handicap ramps and truncated domes. o f. The existing well located within the project site shall be relocated and be formally o vacated. g. The existing 36" and 54" sewer shall be re-aligned to the satisfaction of the Public N Works Department, Water Department and Community Development prior to the = tapproval of any on-site improvement plans. E I h. A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. If the street trenching crosses to the northbound lane on Q Waterman Ave, a grind and slurry coat shall be placed on the north bound lane along the frontage and each lane accordingly. E 53. Required Engineering Plans Q 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), ■ traffic signal plans, 10 Packet Pg. 147 • 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 landscaping and irrigation, • 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) o LO b. All off-site improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. ,j; 00 c. After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer m and/or Building Official for approval. Y d. Copies of the City's design policies and procedures and standard drawings are X available at the Public Works Counter for the cost of reproduction. They are also w available at no charge at the Public Works Web Site at htt p://www.sbcily.org. o 54. Required En gin eering Permits M o! a. Grading permit. N b. On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. E U c. Off-site improvement construction permit. f° a 55. Applicable Engineering Fees a. All plan check, permit, inspection, and impact fees are outlined on the Public C Works Fee Schedule. A deposit in the amount of 100% of the estimated y checking fee for each set of plans will be required at time of application for plan Q 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.M. • 11 Packet Pg. 148 56. Traffic Requirements a. Traffic Study has been accepted. b. Left turn pocket is required on Waterman Ave. c. Right turn lane onto the project site at Waterman Ave. d. (*) The proposed left turn pocket and right turn lane on Waterman Ave. shall be constructed of P.C.C. (*) Amended by the Planning Commission on May 18, 2016. N O r f6 Q LO CO d' m a+ X W_ O N d N C d E s U l4 r a d E U t0 w w Q 12 Packet Pg. 149 • EXHIBIT "A" APPROVED PLANS N O r Q Co d' m a+ X W_ O 3 O N d N C E t V f� r rr Q C E t U 0 r r Q 13 Packet Pg. 150 a � � �Z c M. 17s �W o e8usssk _ 4 e � � aq6 s � � � a I �• yYCQ a3 � � o$ � � $ �' i § a a � — - - — - - — - - — - - z.K — 3 N3 AV NVWEAEVY I II„L.laollll �- ' I III I i� a _ s N IN I I I I YIII LO LO yy_ IInn aJ r H _ M r a � I o .N I c - 7 �i. Q s w F N H gl Cm L s I J cn LO m m t 4 t .......... .....m ....� - Q �g i •. I i I f 1 —_ - I e .. .r . � v &^^ U - 1 I . 1 b rj'. Y vs INnoo 1011NVOVA 3100 ONIISIX3 a e�tss� a���dB3 O O O r� ett eq Ag nQ r� a� R ... .................. .... T —. .......: .. _.. ..._—_ .—. ...-- r... . —_- -..-.... .....- 4 6 k ® I t . 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E pp 9 j��e�l I II ,{ I II11 I. t rneT — 3 m. r.1 666 „ I r II,i ll$ g I Q r� m Ll 11 A IIa ! „�9; Packet Pg. 158 ATTACHMENT 7 CEQA Documents (available online) U) cc CL c� L CO IT (n rr r- • Initial Study/Mitigated Negative Declaration U http://sbcity.org/eivicax/fliebank/blobdload.aspx?biobid=20476 a w • Response to Comments on Initial Study/Mitigated Negative Declaration ti http://sbeity.org/civicax/filei)ank/blobdload.ast)x?blobid=20477 W L U • Mitigation Monitoring and Reporting Program (MMRP) a http://sbcitN,.org/civicax/filebank/blobdload.aspx?blobid=20475 E L U f0 w a IV40PO' Packet Pg. 159