HomeMy WebLinkAboutAgenda Item No. 23 - Revised Resolutions and Ordinance Resolution No.
} RESOLUTION NO. 2018-
-2 RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
-3 ADOPTING THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
4 REPORTING PROGRAM, AND APPROVING GENERAL
-5 PLAN AMENDMENT 16-06 TO CHANGE THE GENERAL
PLAN LAND USE DESIGNATION FROM COMMERCIAL
6 TO MULTI-FAMILY RESIDENTIAL ON FOUR (4)
PARCELS (APNS: 0141-352-10, 11, 12 AND 13)
-7 CONTAINING A TOTAL OF APPROXIMATELY 2.25
S ACRES.
-. WHEREAS, on September 14, 2016, pursuant to the requirements of§19.50 (General
Plan Amendments), §19.42 (Development Code Amendments), §19.74 (Zoning Map
40 Amendment), 19.44 (Development Permits and §19.04.030(L) Residential Zones — Multi-
44 Family Housing Standards) of the City of San Bernardino Development Code, an application
for General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16-07 and
42 Development Permit Type-P 16-06 was duly submitted, and on January 30, 2018, pursuant to
the requirements of §19.72 (Variance) of the City of San Bernardino Development Code, an
43 application for Variance 18-01 was duly submitted by:
44 Property Owner(s): AHD, LP
475 422 Weir Road
WHEREAS, the ettffet4 City 4 San Bernardino Develepffiet4 Code
4-6 was initially iftTleffieffted ift 1991; , CA 92408
47 Project Applicant: Alex Mucino
48 422 Weir Road
San Bernardino, CA 92408
4-9
24Property Address: Northeast corner of S. Waterman Avenue and Wier Road
24 APNS : 0141-352-09, 10, 11, 12 and 13; and
22 WHEREAS, together, General Plan Amendment 16-06, Development Code
Amendment (Zoning Map Amendment) 16-07, Development Permit Type-P 16-06 and
23 Variance 18-01 constitute the Weir Road Villa Community Project ("Project"); and
24 WHEREAS, General Plan Amendment 16-06 and Development Code/Zoning Map
Amendment 16-07 is a request to allow the change of the General Plan Land Use Designation
from Commercial to Multi-Family Residential and the Zoning District Classification from
26 Commercial General (CG-1) to Residential Medium High (RMH) of four (4) parcels containing
27 a total of approximately 2.25 acres; and
28
1
Resolution No.
47 WHEREAS, Development Permit Type-P 16-06 and Variance 18-01 is a request to
allow the development of an eighty-four (84) unit apartment complex and Variance 18-01 to
-2 allow the reduction of the required parking spaces from 155 to 128 and the increase of the
maximum distance requirement between the residential units and the parking spaces from 150
-3 feet to 250 feet on a project site comprised of five (5) parcels containing a total of
4 approximately 2.81 acres; and
-5 WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"; Pub.
Resources Code, § 21000 et seg.), section 21067, and State CEQA Guidelines (Cal. Code
b Regs., § 15000 et seg.), section 15367, the City of San Bernardino is the lead agency for the
Project; and
S WHEREAS, City staff determined that pursuant to State CEQA Guidelines section
15073, preparation of a mitigated negative declaration was the appropriate environmental
-9 review procedure under CEQA, because all potentially significant impacts of the Project can be
mitigated to a level of less than significant; and
4-A
44WHEREAS, in accordance with State CEQA Guidelines sections 15072 and 15073, a
Notice of Intent to Adopt an MND ("NOI") was mailed to all organizations and individuals
42 who previously requested such notice in writing, and notice was also made by way of
publication consistent with CEQA's requirements, and
4-3
WHEREAS in accordance with State CEQA Guidelines section 15072(d), on Aril 17,
44 2018, the NOI was also posted by the Clerk for the County of San Bernardino Board of
4-5 Supervisors to begin the 20-day public review period; and
46 WHEREAS, a Mitigation Monitoring and Reporting Program ("MMRP") has been
prepared for the Project, and is attached hereto as Exhibit A; and
4-7
WHEREAS, on May 23, 2018, pursuant to the requirements of 19.44.030 of the City
4-8 of San Bernardino Development Code, the Development and Environmental Review Committee
49 reviewed the application and moved the Mitigated Negative Declaration and General Plan
Amendment 16-06, Development Code/Zoning Map Amendment 16-07, Development Permit
20 Type-P 16-06 and Variance 18-01 to the Planning Commission for consideration; and
24 WHEREAS, on July 24, 2018, the Planning Commission of the City of San Bernardino
22 held a duly noticed public hearing to consider public testimony and the staff report, and
adopted Resolution 2018-040 recommending the adoption of the Mitigated Negative
,13 Declaration, and the approval of General Plan Amendment 16-06, Development Code
Amendment (Zoning Map Amendment) 16-07, Development Permit Type-P 16-06 and
24 Variance 18-01 to the Mayor and City Council; and
M WHEREAS, notice of the September 19, 2018 public hearing for the Mayor and City
26 Council's consideration of thethis proposed OfdinaneeResolution was published in The Sun
newspaper on August 3 1, 7, 2018, and was mailed to property owners within
,1-7 a 500 foot radius of the project site in accordance with Development Code Chapter 19.52; and
28
2
Resolution No.
47 WHEREAS, no comments made in the public hearing conducted by the Mayor and
City Council, and no additional information submitted to the City Council, has produced
-2 substantial new information requiring substantial revisions that would trigger recirculation of
the MND or additional environmental review under State CEQA Guidelines section 15073.5.
NOW ,BE IT RESOLVED BY THE MAYOR AND CITY
¢ COUNCIL OF THE CITY OF SAN BERNARDIN AS
-5 FOLLOWS:
g SECTION 1. The Mayor and City Council find that the above-stated Recitals are true
and hereby adopt and incorporate them herein.
SSECTION 2. Compliance with the California Environmental Quality Act. The Mayor
and City Council have independently reviewed and considered the entire record before it,
_9 including the information contained in the Mitigated Negative Declaration prepared for the
Project, comments received on the Mitigated Negative Declaration, and responses to those
4$ comments. The Mayor and City Council hereby certify that the Mitigated Negative Declaration
44- has been completed in compliance with the requirements of CEQA and the State CEQA
Guidelines, and reflects the independent judgment and analysis of the City. Based upon the
42 Mitigated Negative Declaration, all comments and testimony received pertaining thereto, and
the entirety of the record before it, the Mayor and City Council hereby find and determine that,
4-3 with the incorporation of identified mitigation measures, there is no substantial evidence
supporting a fair argument that approval of the Project (including the proposed General Plan
44 Amendment 16-06, Development Code Amendment [Zoning Map Amendment] 16-07,
4_5 Development Permit Type-P 16-06 and Variance 18-01) will result in a significant effect on the
environment.
46
SECTION 3. Adoption of the Mitigated Negative Declaration and Mitigation
4-7 Monitoring and Reporting Program. Based upon the findings made herein and their
4-8 independent _judgment and analysis, the Mayor and City Council hereby adopt the Mitigated
Negative Declaration for the Project, and the Mitigation Monitoring and Reporting Program
4.9. attached hereto as Exhibit A. The Mayor and City Council hereby impose each mitigation
measure as a condition of approval of the Project, in accordance with CEQA and the State
2-A CEQA Guidelines.
24 SECTION 24. Findings of Fact — General Plan Amendment 16-06:
2-2 Finding No. 1: The proposed amendment is internally consistent with the General Plan.
Finding of Fact: The proposed amendment will result in a change of the existing General
2-4 Plan Land Use Designation of four (4) parcels from Commercial to
2-5 Multi-Family Residential. The Multi-Family Residential Land Use
Designation offers a wide range of housing densities and products to
2-6 meet the demand of current and future residents with equally varying
lifestyles. The change in land use/zoning would allow the development of
2-7 an eighty-four (84) unit apartment complex, which is consistent with the
2-S residential uses and densities in the project vicinity, located to the north
3
Resolution No.
4 and south of the project site. The project is also consistent with the
following General Plan Goals and Policies:
General Plan Community Design Element Goal 5A Ensure that multi-
-3 family housing is attractively designed and scaled to contribute to the
neighborhood and provide visual interest through varied architectural
detailing.
-5 General Plan Land Use Element 2.3.2: Promote development that is
g compact, pedestrian-friendly, and served by a variety of transportation
options along major corridors and in key activity areas.
S The proposed change to the General Plan Land Use Designation from
Commercial to Multi-Family Residential will capitalize on this area of the
-9 City's proximity to Loma Linda University and has been designed to
accommodate working professionals in the region while providing
4-0 transportation options and will improve the City's housing requirements.
44- Finding No. 2: The proposed amendment would not be detrimental to the public interest,
4-2 health, safety, convenience, or welfare of the City.
43 Finding of Fact: Any potential impacts
have been analyzed in the Mitigated
474 Negative Declaration prepared for the Project. All appropriate mitigation
4-5 measures necessary to reduce the potential impacts to a less than
significant level have been identified by the Mitigated Negative
4-6 Declaration/ and incorporated into the Mitigation Monitoring and
Reporting Program and will not be detrimental to the public interest,
4-7 health, safety, convenience, or welfare of the City. In addition, the
48 Project will help address the City's housing needs in a manner consistent
with nearby residential uses while capitalizing on the area's proximity to
4-9 Loma Linda University.
24 Finding No. 3: The proposed amendment would maintain the appropriate balance of land
uses within the City.
-24
24 Finding of Fact: The proposed amendment would change the General Plan Land Use
Designation to allow a residential development on a site adjacent to and
23 directly abutting other large parcels of land designated for multi-family
use and create greater consistency with the surrounding properties and
�4 provide for an appropriate balance of land uses within the City limits.
M 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 requested land use designation and the anticipated land use development.
28
4
Resolution No.
47 Finding of Fact: The project site is currently comprised of five (5) parcels that will be
generally flat with direct access at one (1) location along Wier Road, and
-2 one (1) point of emergency access from S. Waterman Avenue. Utilities
are available directly from both S. Waterman Avenue and Wier Road. An
-3 eighty-four (84) unit apartment complex is proposed on the site. The site
4 is sufficient in size to meet loading and landscaping requirements.
Existing fault lines on the site required a redesign of the project and the
-5 parking requirement cannot be met, but the General Plan encourages
reduced parking and density bonuses for projects providing housing
6 located near transit stops, and will alleviate the physical constraints on
-7 the site due to the existing fault lines.
8 SECTION 3. Complianee with the California Efivifenmental Quality Aet-.
477 SECTION 45. General Plan Amendment 16-06 to change the General Plan Land
Use Designation from Commercial to Multi-Family Residential of four (4) parcels (APN: 0141-
48 352-10, 11, 12, and 13) is hereby approved and incorporated herein by reference as Exhibit
AB.
24 SECTION 6. The documents and materials associated with this Resolution and that
constitute the record of proceedings on which these findings are based are located at
[ADDRESS]. The [TITLE] is the custodian of the record of proceedings.
22 SECTION -57. Notice of Determination: The Planning Division of the
Community Development Department is hereby directed to file a Notice of Determination with
the County Clerk of the Board of Supervisors of the County of San Bernardino within five (5)
working days of final project approval certifying the City's compliance with the California
Environmental Quality Act in approving the Project.
SECTION 68. Severability: If any section, subsection, subdivision, sentence, or
-26 clause or phrase in this Ofdit�eeResolution or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this
Bfd4iafteeResolution or any part thereof. The Mayor and City Council hereby declares that it
5
Resolution No.
4 would have adopted each section irrespective of the fact that any one or more subsections,
subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
H4
4
b
9
H4
4$
H4
44- /#
4-
4-
-1-4
4-
4-
4-
48 /#
H4
41
H4
2-A ///
-24 H4
22 RESOLUTION UTION OF muL nR A vnn AND rimy COUNCIL OF muL rimy OF SA-N
23 DL DN A D7 INO CALIFORNIA, A DOPT-ING TUE MITIGATED TL D NEG A'T7TO MULT-1 FAI%IILV RESIDENTIAL ON FOUR (4) PARCELS (APNS1 0141 352 t7L
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT 16 06 TO
-24 CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COAIAIERCI
,
119 12 AND 13) CONTAINING A TOTAL OF APPROXIAIAT-ELV 2.25 ACRES.
and City Getineil of the City of Safi BeftiaMifte a+ a fegttlaf ffieetitig thefeefi, held eft the
27 day 2018, by the following vote to wit.:
28
6
Resolution No.
47 Cotmeil Nlem efs. ASS NAYS ABSTr DA1 --ABSENT
MZ
-2 BARRIOS
-3 �TnT�A
4 SETT
NICKE
5 PdCHARD
Geer-, can Hann,, rear`, City Clefk
`�cvrg
1 The fe feg, ing Ofdi, ee is hefebyAPPROVED and ADOPTED by the City Council
4A and signed by the Mayor and attested by the City Clerk this day of 12018.
447
4-2
4-3
R. Carey Davis, Mayor
474 City of San Bernardino
4.6 Attest:
4-7
4-8 —
Georgeann Hanna, CMC, City Clerk
4-9
24 Approved as to form:
-24
24
23 Gary D. Saenz, City Attorney
-24
m
-26
27
28
7
Resolution No.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy
of Resolution No. , adopted at a regular meeting held the day of , 2018 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
WITNESS my hand and official seal of the City of San Bernardino this day of
2018.
Georgeann Hanna, CMC, City Clerk
8
Resolution No.
EXHIBIT A
MITIGATION MONITORING AND REPORTING PROGRAM
9
Resolution No.
EXHIBIT AB
GENERAL PLAN AMENDMENT
10
Summary report:
Litera® Change-Pro 7.5.0.135 Document comparison done on 9/18/2018
10:19:19 AM
Style name: Default Style
Intelligent Table Comparison: Active
Original filename: SB - Weir Road - GPA MND Reso.doc
Modified filename: SB - Weir Road - GPA MND Reso 2.DOC
Changes:
Add 78
De4ete 59
"gym 10
Move To 10
Table Insert 0
Table Delewe I
Table moves to 0
Table ffieves .1.,-,. 0
Embedded Graphics Visio, Chen-Draw, Images etc. 0
Embedded Excel 0
Format changes 0
Total Changes: 158
Resolution No. 2018-262
RESOLUTION NO. 2018-262
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM, AND APPROVING GENERAL
PLAN AMENDMENT 16-06 TO CHANGE THE GENERAL
PLAN LAND USE DESIGNATION FROM COMMERCIAL
TO MULTI-FAMILY RESIDENTIAL ON FOUR (4)
PARCELS (APNS: 0141-352-10, 11, 12 AND 13)
CONTAINING A TOTAL OF APPROXIMATELY 2.25
ACRES.
WHEREAS, on September 14, 2016, pursuant to the requirements of §19.50 (General
Plan Amendments), §19.42 (Development Code Amendments), §19.74 (Zoning Map
Amendment), §19.44 (Development Permits) and §19.04.030(L) (Residential Zones — Multi-
Family Housing Standards) of the City of San Bernardino Development Code, an application for
General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16-07 and
Development Permit Type-P 16-06 was duly submitted, and on January 30, 2018, pursuant to the
requirements of §19.72 (Variance) of the City of San Bernardino Development Code, an
application for Variance 18-01 was duly submitted by:
Property Owner(s): AHD, LP
422 Weir Road
San Bernardino, CA 92408
Project Applicant: Alex Mucino
422 Weir Road
San Bernardino, CA 92408
Property Address: Northeast corner of S. Waterman Avenue and Wier Road
APN(S): 0141-352-09, 10, 11, 12 and 13; and
WHEREAS, together, General Plan Amendment 16-06, Development Code Amendment
(Zoning Map Amendment) 16-07, Development Permit Type-P 16-06 and Variance 18-01
constitute the Weir Road Villa Community Project("Project"); and
WHEREAS, General Plan Amendment 16-06 and Development Code/Zoning Map
Amendment 16-07 is a request to allow the change of the General Plan Land Use Designation
from Commercial to Multi-Family Residential and the Zoning District Classification from
Commercial General (CG-1) to Residential Medium High (RMH) of four (4) parcels containing
a total of approximately 2.25 acres; and
WHEREAS, Development Permit Type-P 16-06 and Variance 18-01 is a request to
allow the development of an eighty-four (84) unit apartment complex and Variance 18-01 to
1
Resolution No. 2018-262
allow the reduction of the required parking spaces from 155 to 128 and the increase of the
maximum distance requirement between the residential units and the parking spaces from 150
feet to 250 feet on a project site comprised of five (5)parcels containing a total of approximately
2.81 acres; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"; Pub.
Resources Code, § 21000 et seq.), section 21067, and State CEQA Guidelines (Cal. Code Regs.,
§ 15000 et seq.), section 15367, the City of San Bernardino is the lead agency for the Project;
and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines section
15073, preparation of a mitigated negative declaration was the appropriate environmental review
procedure under CEQA, because all potentially significant impacts of the Project can be
mitigated to a level of less than significant; and
WHEREAS, in accordance with State CEQA Guidelines sections 15072 and 15073, a
Notice of Intent to Adopt an MND ("NOP') was mailed to all organizations and individuals who
previously requested such notice in writing, and notice was also made by way of publication
consistent with CEQA's requirements, and
WHEREAS, in accordance with State CEQA Guidelines section 15072(d), on April 17,
2018, the NOI was also posted by the Clerk for the County of San Bernardino Board of
Supervisors to begin the 20-day public review period; and
WHEREAS, a Mitigation Monitoring and Reporting Program ("MMRP") has been
prepared for the Project, and is attached hereto as Exhibit A; and
WHEREAS, on May 23, 2018, pursuant to the requirements of 19.44.030 of the City of
San Bernardino Development Code, the Development and Environmental Review Committee
reviewed the application and moved the Mitigated Negative Declaration and General Plan
Amendment 16-06, Development Code/Zoning Map Amendment 16-07, Development Permit
Type-P 16-06 and Variance 18-01 to the Planning Commission for consideration; and
WHEREAS, on July 24, 2018, the Planning Commission of the City of San Bernardino
held a duly noticed public hearing to consider public testimony and the staff report, and adopted
Resolution 2018-040 recommending the adoption of the Mitigated Negative Declaration, and the
approval of General Plan Amendment 16-06, Development Code Amendment (Zoning Map
Amendment) 16-07, Development Permit Type-P 16-06 and Variance 18-01 to the Mayor and
City Council; and
WHEREAS, notice of the September 19, 2018 public hearing for the Mayor and City
Council's consideration of this proposed Resolution was published in The Sun newspaper on
September 7, 2018, and was mailed to property owners within a 500 foot radius of the project
site in accordance with Development Code Chapter 19.52; and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City
Council, and no additional information submitted to the City Council, has produced substantial
2
Resolution No. 2018-262
new information requiring substantial revisions that would trigger recirculation of the MND or
additional environmental review under State CEQA Guidelines section 15073.5.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council find that the above-stated Recitals are true
and hereby adopt and incorporate them herein.
SECTION 2. Compliance with the California Environmental Quality The Mayor
and City Council have independently reviewed and considered the entire record before it,
including the information contained in the Mitigated Negative Declaration prepared for the
Project, comments received on the Mitigated Negative Declaration, and responses to those
comments. The Mayor and City Council hereby certify that the Mitigated Negative Declaration
has been completed in compliance with the requirements of CEQA and the State CEQA
Guidelines, and reflects the independent judgment and analysis of the City. Based upon the
Mitigated Negative Declaration, all comments and testimony received pertaining thereto, and the
entirety of the record before it, the Mayor and City Council hereby find and determine that, with
the incorporation of identified mitigation measures, there is no substantial evidence supporting a
fair argument that approval of the Project (including the proposed General Plan Amendment 16-
06, Development Code Amendment [Zoning Map Amendment] 16-07, Development Permit
Type-P 16-06 and Variance 18-01)will result in a significant effect on the environment.
SECTION 3. Adoption of the Mitigated Negative Declaration and Miti ag tion
Monitoring and Reporting Program. Based upon the findings made herein and their independent
judgment and analysis, the Mayor and City Council hereby adopt the Mitigated Negative
Declaration for the Project, and the Mitigation Monitoring and Reporting Program attached
hereto as Exhibit A. The Mayor and City Council hereby impose each mitigation measure as a
condition of approval of the Project, in accordance with CEQA and the State CEQA Guidelines.
SECTION 4. Findings of Fact— General Plan Amendment 16-06:
Finding No. 1: The proposed amendment is internally consistent with the General Plan.
Finding of Fact: The proposed amendment will result in a change of the existing General
Plan Land Use Designation of four (4) parcels from Commercial to Multi-
Family Residential. The Multi-Family Residential Land Use Designation
offers a wide range of housing densities and products to meet the demand
of current and future residents with equally varying lifestyles. The change
in land use/zoning would allow the development of an eighty-four (84)
unit apartment complex, which is consistent with the residential uses and
densities in the project vicinity, located to the north and south of the
project site. The project is also consistent with the following General Plan
Goals and Policies:
General Plan Community Design Element Goal 5.6: Ensure that multi-
family housing is attractively designed and scaled to contribute to the
3
Resolution No. 2018-262
neighborhood and provide visual interest through varied architectural
detailing.
General Plan Land Use Element 2.3.2: Promote development that is
compact, pedestrian-friendly, and served by a variety of transportation
options along major corridors and in key activity areas.
The proposed change to the General Plan Land Use Designation from
Commercial to Multi-Family Residential will capitalize on this area of the
City's proximity to Loma Linda University and has been designed to
accommodate working professionals in the region while providing
transportation options and will improve the City's housing requirements.
Finding No. 2: The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact: Any potential impacts have been analyzed in the Mitigated Negative
Declaration prepared for the Project. All appropriate mitigation measures
necessary to reduce the potential impacts to a less than significant level
have been identified by the Mitigated Negative Declaration and
incorporated into the Mitigation Monitoring and Reporting Program and
will not be detrimental to the public interest, health, safety, convenience,
or welfare of the City. In addition, the Project will help address the City's
housing needs in a manner consistent with nearby residential uses while
capitalizing on the area's proximity to Loma Linda University.
Finding No. 3: The proposed amendment would maintain the appropriate balance of land
uses within the City.
Finding of Fact: The proposed amendment would change the General Plan Land Use
Designation to allow a residential development on a site adjacent to and
directly abutting other large parcels of land designated for multi-family
use and create greater consistency with the surrounding properties and
provide for an appropriate balance of land uses within the City limits.
Finding No. 4: The subject parcels are physically suitable (including but not limited to,
access, provision of utilities, compatibility with adjoining land uses, and
adjoining land uses, and absence of physical constraints) for the requested
land use designation and the anticipated land use development.
Finding of Fact: The project site is currently comprised of five (5) parcels that will be
generally flat with direct access at one (1) location along Wier Road, and
one (1)point of emergency access from S. Waterman Avenue. Utilities are
available directly from both S. Waterman Avenue and Wier Road. An
eighty-four(84) unit apartment complex is proposed on the site. The site is
sufficient in size to meet loading and landscaping requirements. Existing
fault lines on the site required a redesign of the project and the parking
requirement cannot be met, but the General Plan encourages reduced
4
Resolution No. 2018-262
parking and density bonuses for projects providing housing located near
transit stops, and will alleviate the physical constraints on the site due to
the existing fault lines.
SECTION 5. General Plan Amendment 16-06 to change the General Plan Land Use
Designation from Commercial to Multi-Family Residential of four (4) parcels (APN: 0141-352-
10, 11, 12, and 13)is hereby approved and incorporated herein by reference as Exhibit B.
SECTION 6. The documents and materials associated with this Resolution and that
constitute the record of proceedings on which these findings are based are located at 215 N. D
Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings.
SECTION 7. Notice of Determination: The Planning Division of the Community
Development Department is hereby directed to file a Notice of Determination with the County
Clerk of the Board of Supervisors of the County of San Bernardino within five (5) working days
of final project approval certifying the City's compliance with the California Environmental
Quality Act in approving the Project.
SECTION 8. Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and
City Council hereby declares that it would have adopted each section irrespective of the fact that
any one or more subsections, subdivisions, sentences, clauses, or phrases be declared
unconstitutional, invalid, or ineffective.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this day of , 2018.
R. Carey Davis,Mayor
City of San Bernardino
Attest:
Georgeann Hanna, CMC, City Clerk
Approved as to form:
Gary D. Saenz, City Attorney
5
Resolution No. 2018-262
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. , adopted at a regular meeting held the day of , 2018 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
WITNESS my hand and official seal of the City of San Bernardino this day of
2018.
Georgeann Hanna, CMC, City Clerk
6
Resolution No. 2018-262
EXHIBIT A
MITIGATION MONITORING AND REPORTING PROGRAM
7
Resolution No. 2018-262
EXHIBIT B
GENERAL PLAN AMENDMENT
8
Ordinance No.
} ORDINANCE NO. MC-
-2 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING THE MITIGATED T'Ti it NTi! A T'AI
DECLARATION APPROVING DEVELOPMENT
4 CODE AMENDMENT (ZONING MAP AMENDMENT) 16-
-5 07 TO CHANGE THE ZONING DISTRICT
CLASSIFICATION FROM COMMERCIAL GENERAL
6 (CG-1) TO RESIDENTIAL MEDIUM HIGH (RMH) ON
FOUR (4) PARCELS (APNS: 0141-352-10, 11, 12 AND 13)
-7 CONTAINING A TOTAL OF APPROXIMATELY 2.25
S ACRES, PURSUANT TO A MITIGATED NEGATIVE
DECLARATION.
WHEREAS, together, General Plan Amendment 16-06, Development Code
4-0 Amendment (Zoning Map Amendment) 16-07, Development Permit Type-P 16-06 and
44- Variance 18-01 constitute the Weir Road Villa Community Project ("Project"); and
42- WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"; Pub.
Resources Code, § 21000 et seg.), section 21067, and State CEQA Guidelines (Cal. Code
4-3 Regs., § 15000 et seg.), section 15367, the City of San Bernardino is the lead agency for the
44 Project; and
4-5 WHEREAS, City staff determined that pursuant to State CEQA Guidelines section
15073, preparation of a mitigated negative declaration was the appropriate environmental
4-6 review procedure under CEQA, because all potential significant impacts of the Project can be
mitigated to a level of less than significant; and
4-7
4-8WHEREAS, a Mitigated Negative Declaration ("MND") and Mitigation Monitoring
and Reporting Program ("MMR-P") were prepared for the Project; and
4-9 WHEREAS, the men+ City of San Bemafdine Development rdoainitialy
24 iaTleffiet4ed in 1991Mayor and City Council, having independently reviewed and
considered the MND and MMRP, and the entire record related thereto, have certified that the
-24 MND has been completed in compliance with the requirements of CEQA, and that, with the
24 incorporation of identified mitigation measures, there is no substantial evidence supporting a
fair argument that approval of the Project will result in a significant effect on the environment;
24 and
-4 WHEREAS, on July 24, 2018, the Planning Commission of the City of San Bernardino
held a duly noticed public hearing to consider public testimony and the staff report, and
adopted Resolution 2018-040 recommending the adoption of the Mitigated Negative
Declaration, and the approval of General Plan Amendment 16-06, Development Code
Amendment (Zoning Map Amendment) 16-07, Development Permit Type-P 16-06 and
27 Variance 18-01 to the Mayor and City Council; and
28
1
Ordinance No.
47 WHEREAS, notice of the public hearing for the Mayor and City Council's
consideration of the proposed Ordinance was published in The Sun newspaper on August 31,
-2 2018..-; and
-3 WHEREAS, no comments made in the public hearing conducted by the Mayor and
City Council and no additional information submitted to the City Council, has produced
¢ substantial new information requiring substantial revisions that would trigger additional
-5 environmental review under CEQA.
g NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
$ SECTION 1. The Mayef atid City Gattfleil fifid that the above steA above recitals are
true and hefeby adopt afid ifteafpef4e44iefficorrect and are incorporated herein.
-9 SECTION 2. Compliance with the California Environmental
p Quality Act. The City
4A Council having independently reviewed and analyzed the record before it, including the adopted
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written
44 and oral testimony, and having exercised their independent judgment, finds that there is no
42 substantial evidence supporting a fair argument that approval of the Project will result in a
significant effect on the environment.
4-3
SECTION 23. Finding of Facts — Development Code Amendment (Zoning Map
44 Amendment) 16-07
4-5
Finding No. 1: The proposed amendment is consistent with the General Plan.
46
Finding of Fact: The proposed amendment will replace the existing Zoning District
4-7 Classification of four (4) parcels associated with the project from
48 Commercial General (CG-1) to Residential Medium High (RMH). The
Residential Medium High (RMH) Zone is intended for multi-family
4.9 residential uses with a maximum density of 24 units per net acre.
20 General Plan Circulation Element Goal 6.6.10: Consider the provision of
24 incentives, such as reduced parking standards and density/intensity
bonuses to those projects near transit stops that include transit-friendly
22 uses such as child care, convenience retail, and housing.
23 The new Residential Medium High (RMH) Zone along with the density
bonus for amenities and proximity to alternate transportation options will
24 provide for the accommodation of the development of an eighty-four
25 (84) unit apartment complex containing approximately 23,272 square feet
on a site containing approximately 2.81 acres.
26
Finding No. 2: The proposed amendment would not be detrimental to the public interest,
27 health, safety, convenience, or welfare of the City.
28
2
Ordinance No.
4 Finding of Fact: Any potential impacts created by the proposed amendment have been
addressed in the Initial Study and appropriate mitigation measures have
-2 been identified by the Mitigated Negative Declaration/Mitigation
Monitoring and Reporting Program and will not be detrimental to the
-3 public interest, health, safety, convenience, or welfare of the City.
4 SECT-!ON z r,.mpli tree with she r„rf. ti Enyi e ftf.et4a Quality n,
-5 The Mayer and City Couneil having independently reviewed and analyzed tllh—e Ive-e-A-Ird hefnr- -
g ineluding the Mitigated Negative Deelafation and Mitigation Monitor-* and Reperti� Pregfwu
8 Develeptne-PA Code Amendment (Zoning Map AmendmepA) 16 07 will have no sig�apA advefs
-9 eff-ea on the enviefmiepA with the adoption of the Mitigated Negative Deelafation md approval e
44 SECTION 4. Development Code Amendment (Zoning Map Amendment) 16-07 to
45 change the Zoning District Classification from Commercial General (CG-1) to Residential
Medium High (RMH) of four (4) parcels (APNAPNs: 0141-352-10, 11, 12, and 13) is hefeb
4-6 aPPf attached hereto and incorporated herein by reference as Exhibit A, is hereby
approved.
4-7
SECTION 5. Notice of Determination: The Planning Division of the Community
48 Development Department is hereby directed to file a Notice of Determination with the County
4-9 Clerk of the County of San Bernardino within five (5) working days of final project approval
certifying the City's compliance with the California Environmental Quality Act in adopting the
24 Gategefieal &Eeffiptietisapproving the Project.
-24 SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause
22 or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional,
invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The
Mayef at4-City Council hereby declares that it would have adopted each section irrespective o
-24 the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be
-25 declared unconstitutional, invalid, or ineffective.
-26 H4
27 H4
H4
�S
3
Ordinance No.
-3 H4
4 H4
5 /#
6 H4
-7 H4
8 ///
9
H4
42- /#
4-3 H4
44 /#
4-5 /#
46 H4
4-7 ORDINANCE NC OF THE AI A Arne AND rimy COUNCIL OF THE rimy OF
48 DECLARATION AND APPROVING DEVELOPMENT CODE A AI NDAIEi 20 M4-9 (ZONING AIAP AMENDMENT) 16 07 TO CHANGE THE ZONING DISTRICT-
CLASSIRCATION FROM COMMERCIAL GENERAL (CG 1) TO RESIDENT
EDIUM 10, 11, 12
CONTAINING A TOTAL OF APPROXIMATELY 2.25 ACRES-.
24 SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days
22 after the date of its adoption.
24 day 1 2018, by the followiiig vote to wit.:
m SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall
-26 certify to the adoption of this Ordinance and cause publication to occur in a newspaper of
general circulation and published and circulated in the City in a manner permitted under section
36933 of the Government Code of the State of California.
28
4
Ordinance No.
47 Cotmeil Nlem efs. ASS NAYS ABSTr DA1 --ABSENT
MZ
-2 BARRIOS
-3 �TnT�A
4 SETT
NICKE
5 PdCHARD
6 r 4 rT vII41 T
reet!gean Hann, rear City Clefk
-9 The fefegoing Ofdinanee is horeb-- PPROVED and ADOPTED by the City Council
40 and signed by the Mayor and attested by the City Clerk this - day of 12018.
447
4-2
4-3 R. Carey Davis, Mayor
Appfeved as to fafffi.: City of San Bernardino
474
4-5 Attest:
4-6
4-7 —
48 Georgeann Hanna, CMC, City Clerk
4-9
Approved as to form:
24
-24
22 Gary D. Saenz, City Attorney
23
-24
m
-26
27
28
5
Ordinance No.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy
of Ordinance No. , introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the day of , 2018. Ordinance No.
was approved, passed and adopted at a regular meeting held the day of , 2018 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
WITNESS my hand and official seal of the City of San Bernardino this day of
2018.
Georgeann Hanna, CMC, City Clerk
6
Ordinance No.
EXHIBIT A
DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT)
7
Summary report:
Litera® Change-Pro 7.5.0.135 Document comparison done on 9/18/2018
10:20:24 AM
Style name: Default Style
Intelligent Table Comparison: Active
Original filename: SB - Weir Road - Ordinance.doc
Modified filename: SB - Weir Road - Ordinance 2.DOC
Changes:
Add 54
De4ete 50
"gym 11
Move To 11
Table Insert 0
Table Delewe I
Table moves to 0
Table ffieves .1.,-,. 0
Embedded Graphics Visio, Chen-Draw, Images etc. 0
Embedded Excel 0
Format changes 0
Total Changes: 127
Ordinance No.MC-1505
ORDINANCE NO. MC-1505
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT
(ZONING MAP AMENDMENT) 16-07 TO CHANGE THE
ZONING DISTRICT CLASSIFICATION FROM
COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL
MEDIUM HIGH (RMH) ON FOUR (4) PARCELS (APNS:
0141-352-10, 11, 12 AND 13) CONTAINING A TOTAL OF
APPROXIMATELY 2.25 ACRES, PURSUANT TO A
MITIGATED NEGATIVE DECLARATION.
WHEREAS, together, General Plan Amendment 16-06, Development Code Amendment
(Zoning Map Amendment) 16-07, Development Permit Type-P 16-06 and Variance 18-01
constitute the Weir Road Villa Community Project("Project"); and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"; Pub.
Resources Code, § 21000 et seq.), section 21067, and State CEQA Guidelines (Cal. Code Regs.,
§ 15000 et seq.), section 15367, the City of San Bernardino is the lead agency for the Project;
and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines section
15073, preparation of a mitigated negative declaration was the appropriate environmental review
procedure under CEQA, because all potential significant impacts of the Project can be mitigated
to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration ("MND") and Mitigation Monitoring and
Reporting Program ("MMR-P")were prepared for the Project; and
WHEREAS, the Mayor and City Council, having independently reviewed and
considered the MND and MMRP, and the entire record related thereto, have certified that the
MND has been completed in compliance with the requirements of CEQA, and that, with the
incorporation of identified mitigation measures, there is no substantial evidence supporting a fair
argument that approval of the Project will result in a significant effect on the environment; and
WHEREAS, on July 24, 2018, the Planning Commission of the City of San Bernardino
held a duly noticed public hearing to consider public testimony and the staff report, and adopted
Resolution 2018-040 recommending the adoption of the Mitigated Negative Declaration, and the
approval of General Plan Amendment 16-06, Development Code Amendment (Zoning Map
Amendment) 16-07, Development Permit Type-P 16-06 and Variance 18-01 to the Mayor and
City Council; and
WHEREAS,notice of the public hearing for the Mayor and City Council's consideration
of the proposed Ordinance was published in The Sun newspaper on August 31, 2018; and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City
Council and no additional information submitted to the City Council, has produced substantial
1
Ordinance No. MC-1505
new information requiring substantial revisions that would trigger additional environmental
review under CEQA.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA,DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. Compliance with the California Environmental Quality The City
Council having independently reviewed and analyzed the record before it, including the adopted
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written
and oral testimony, and having exercised their independent judgment, finds that there is no
substantial evidence supporting a fair argument that approval of the Project will result in a
significant effect on the environment.
SECTION 3. Finding of Facts — Development Code Amendment (Zoning Map
Amendment) 16-07
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: The proposed amendment will replace the existing Zoning District
Classification of four (4) parcels associated with the project from
Commercial General (CG-1) to Residential Medium High (RMH). The
Residential Medium High (RMH) Zone is intended for multi-family
residential uses with a maximum density of 24 units per net acre.
General Plan Circulation Element Goal 6.6.10: Consider the provision of
incentives, such as reduced parking standards and density/intensity
bonuses to those projects near transit stops that include transit-friendly
uses such as child care, convenience retail, and housing.
The new Residential Medium High (RMH) Zone along with the density
bonus for amenities and proximity to alternate transportation options will
provide for the accommodation of the development of an eighty-four (84)
unit apartment complex containing approximately 23,272 square feet on a
site containing approximately 2.81 acres.
Finding No. 2: The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact: Any potential impacts created by the proposed amendment have been
addressed in the Initial Study and appropriate mitigation measures have
been identified by the Mitigated Negative Declaration/Mitigation
Monitoring and Reporting Program and will not be detrimental to the
public interest, health, safety, convenience, or welfare of the City.
SECTION 4. Development Code Amendment (Zoning Map Amendment) 16-07 to
change the Zoning District Classification from Commercial General (CG-1) to Residential
2
Ordinance No.MC-1505
Medium High (RMH) of four (4) parcels (APNs: 0141-352-10, 11, 12, and 13), attached hereto
and incorporated herein by reference as Exhibit A, is hereby approved.
SECTION 5. Notice of Determination: The Planning Division of the Community
Development Department is hereby directed to file a Notice of Determination with the County
Clerk of the County of San Bernardino within five (5) working days of final project approval
certifying the City's compliance with the California Environmental Quality Act in approving the
Proj ect.
SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days
after the date of its adoption.
SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under section 36933 of
the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this day of 52018.
R. Carey Davis,Mayor
City of San Bernardino
Attest:
Georgeann Hanna, CMC, City Clerk
Approved as to form:
Gary D. Saenz, City Attorney
3
Ordinance No. MC-1505
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. , introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the day of , 2018. Ordinance No. was approved,
passed and adopted at a regular meeting held the day of , 2018 by the following
vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
WITNESS my hand and official seal of the City of San Bernardino this day of
2018.
Georgeann Hanna, CMC, City Clerk
4
Ordinance No.MC-1505
EXHIBIT A
DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT)
5
Resolution No.
} RESOLUTION NO. 2018-
-2 RESOLUTION OF THE MAYOR AND CITY COUNCIL
3 OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPT-INN T-U—F– MITIG A TCT NEGATALE
4 APPROVING DEVELOPMENT
PERMIT TYPE-P 16-06 TO ALLOW THE DEVELOPMENT
5 OF AN EIGHTY-FOUR(84)UNIT APARTMENT COMPLEX
b AND VARIANCE 18-01 TO ALLOW THE REDUCTION OF
THE REQUIRED PARKING SPACES FROM 155 TO 128
-7 AND THE INCREASE OF THE MAXIMUM DISTANCE
REQUIREMENT BETWEEN THE RESIDENTIAL UNITS
8 AND THE PARKING SPACES FROM 150 FEET TO 250
9 FEET ON A PROJECT SITE COMPRISED OF FIVE (5)
PARCELS (APN: 0141-352-09, 10, 11, 12, AND 13)
478 CONTAINING A TOTAL OF AAPROXIMATELY 2.81
ACRES LOCATED AT THE NORTHEAST CORNER OF S.
14 WATERMAN AVENUE AND WIER ROAD, PURSUANT TO
12 A MITIGATED NEGATIVE DECLARATION.
13 3A44E EAc ., Septe.beF 14, 2016, ptifsijapA to the Fe o MS Of§19.50 !GeR 1
glad
474
48 WHEREAS, together, General Plan Amendment 16-06, Development Code
Amendment (Zoning Map Amendment) 16-07, Development Permit Type-P 16-06 and
49 Variance 18-01 constitute the Weir Road Villa Community Project ("Project"); and
-20 Pfapefty`Ownef(s)i AND,i$
24 422 Weir-Read
nn...•�^.. C'.... a,.....,...d4ia CA 92409
2- J� Ale* �
422 Weir-n,.a
� acvad
DD.,^�„„ Sa a,.........din rn 92409
2-4 P si Ne ftl.east of S \7l 7..a,.......... Ate,,...,.,. midtil:,...D,.a
AU 0141 252 09 10 11 12 ....,1 14
2-5 WHEREAS, General Plan Amendment 16-06 and Development Code/Zoning Map
Amendment 16-07 is a request to allow the change of the General Plan Land Use Designation
2-6 from Commercial to Multi-Family Residential and the Zoning District Classification from
2-7 Commercial General(CG-1) to Residential Medium High(RMH) of four(4) parcels containing
a total of approximately 2.25 acres; and
28
1
Resolution No.
4 WHEREAS, Development Permit Type-P 16-06 and Variance 18-01 is a request to
allow the development of an eighty-four (84) unit apartment complex and Variance 18-01 to
2- allow the reduction of the required parking spaces from 155 to 128 and the increase of the
maximum distance requirement between the residential units and the parking spaces from 150
3 feet to 250 feet on a project site comprised of five (5) parcels containing a total of
4 approximately 2.81 acres; and
5 WHEREAS, the Planning Division of the Community Development Department has
reviewed General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16-07,
b Development Permit Type-P 16-06 and Variance 18-01 for compliance with the California
-7 Government Code, consistency with the City of San Bernardino General Plan and compliance
with the City of San Bernardino Development Code; and
8
WHEREAS, pursuant to Fe o..epAs of §'5063 of the California Environmental
3 Quality Act, two Play.ing DMsion of two Coif .,,, it y De elopffie+A Dep ....,ofA accepted two
spared by Dodson-and Associates on behalf of by the appheapA to
Development no, it Type n 16 06 and v.,.:.nee 19 n,; and("CEQA"• Pub. Resources Code,
42 21000 et seg.), section 21067, and State CEQA Guidelines(Cal. Code Regs., § 15000 et seg.),
43 section 15367, the City of San Bernardino is the lead agency for the Project; and
44 3A44EREAS, eii Apr-4 17, 2019, piffsuaR4 to r-eqiiifefaepits of§15072 a*d §15073 of the
46 Negative Peelafatiaii for- General Plan AmepAffwnt 16 06, Pep�,elapfaepit Gode4ap4ft Map
WHEREAS, City staff determined that pursuant to State CEQA Guidelines section
4$ 15073, preparation of a mitigated negative declaration was the appropriate environmental
review procedure under CEQA, because all potential significant impacts of the Project can be
mitigated to a level of less than significant; and
20
23
WHEREAS, a Mitigated Negative Declaration ("MND") and Mitigation Monitoring
2-4 and Reporting Program("MMRP") were prepared for the Project; and
2-7 Declaration and Mitigation ME)Hitffing aPA RePE)FtiFIg PFE)gFam pFepaFed foF General Plan
2,8
2
Resolution No.
Type P 16 06 and Var-ianee 19 01;
2- WHEREAS, the Mayor and City Council, having independently reviewed and
considered the MND and MMRP, and the entire record related thereto, have certified that the
3 MND has been completed in compliance with the requirements of CEQA, and that, with the
4 incorporation of identified mitigation measures, there is no substantial evidence supporting a
fair argument that approval of the Project will result in a significant effect on the environment;
5 and
b 3A44EREAS,
7 accepted the FeSPORSeS ffepaFed by Tom Dodson and Associates on behalf of the app
9 Type P 16 06 and Var-ianee 19 01;
470 3A44EREAS, off May 23, 2019, t3iffsiiafA, to the feqt4emefAis of 19.44.030 of the Git
14
42 Type n 16 06 and v.,.:.nee 19 01 tO the Plat.iRg r,,.. T. SSiO f r, sideFation;13 a
)AWEREAc on Ju4y 24 2014 puFsuapA W the r epAs of§19.52.040 o f th Oty
475
Viifianee 19 01, ..a at t hie
e—
479 9(
2# Type P 16 06 affd Vafiafiee 19 01;
WHEREAS, notice of the September 19, 2018 public hearing for the Mayor and City
24 Council's consideration of the proposed Resolution was published in The Sun newspaper on
September 7, 2018, and was mailed to property owners within a 500 foot radius of the project
22 site in accordance with Development Code Chapter 19.52; and
-23
WHEREAS, pursuant to the requirements of Chapters 19.52, 19.44, and §19.72 of
24 the City of San Bernardino Development Code, the Mayor and City Council hashave the
25 authority to take action on Development Permit Type-P 16-06 and Variance 18-01-.Land
26 WHEREAS, no comments made in the public hearing conducted by the Mayor and
City Council and no additional information submitted to the City Council, has produced
27 substantial new information requiring substantial revisions that would trigger additional
2$ environmental review under CEQA.
3
Resolution No.
4 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
2- COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
3 SECTION 1. The Mayor and City Council find that the above-stated Recitals are true
4 and hereby adopt and incorporate them herein.
5 SECTION 2. Compliance with the California Environmental Quality Act. The Mayor
and City Council having independently reviewed and analyzed the record before it, including the
b adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, an
7 written and oral testimony, and having exercised their independent judgment, find that there is no
substantial evidence supporting a fair argument that approval of Development Permit T e-P 16-
8 06 and Variance 18-01 will result in a significant effect on the environment.
9 SECTION 33. Findings of Fact—Development Permit Type-P 16-06.
10 Finding No. 1: The proposed development is permitted within the subject zoning district
14 and complies with all applicable provisions of the Development Code,
including prescribed site development standards and applicable design
42 guidelines.
13 Finding of Fact: The proposed development of an eighty-four (84) unit apartment
�4 complex is a permitted use within the Residential Medium High (RMH)
Zone, subject to the approval of a Development Permit Type-P with the
-15 appropriate Conditions of Approval and CEQA determination. The
proposal under Development Permit Type-P 16-06 and Variance 18-01
will be developed in compliance with all of the applicable provisions of
47 the City of San Bernardino Development Code, including development
standards and applicable design guidelines.
48
4-9
24
24
22
23
-24
-25
26
27
-,8
4
Resolution No.
4 Finding No. 2: The proposed use is consistent with the General Plan.
-2 Finding of Fact: General Plan Safety Element Policy 10.7.1: "Minimize the risk to life
and property through the identification of potentially hazardous areas,
3 establishment of proper construction design criteria, and provision of
4 public information."
5 General Plan Safety Element Policy 10.7.2: `Require geologic and
geotechnical investigations for new development in areas adjacent to
H known fault locations and approximate fault locations as part of the
7 environmental and/or development review process and enforce structural
setbacks from faults identified through those investigations.'
8
General Plan Safety Element Policy 10.7.3: `Enforce the requirements o
9 the California Seismic Hazards Mapping and Alquist-Priolo Earthquake
48 Fault Zoning Acts when siting, evaluating, and constructing new
projects within the City."
44
General Plan Circulation Element Policy 6.6.1: "Support the efforts of
42 regional, state, and federal agencies to provide additional local and
13 express bus service in the City."
-4 General Plan Circulation Element Goal 6.6.10: "Consider the provision
of incentives, such as reduced parking standards and density/intensity
45 bonuses to those projects near transit stops that include transit friendly
uses such as child care, convenience retail, and housing."
47 General Plan Community Design Element Goal 5.6: `Ensure that multi-
family housing is attractively designed and scaled to contribute to the
4$ neighborhood and provide visual interest through varied architectural
4-9 detailing."
24 General Plan Land Use Element Policy 2.3.2: `Promote development
that is compact, pedestrian friendly, and served by a variety of
-24 transportation options along major corridors and in key activity areas."
22 The proposed eighty-four(84) unit apartment complex has been designed
23 with consideration for the existing active fault lines and proximity to
transit stops. With respect to the proposal, the applicant will renovate the
-24 subject property in a manner that will enhance the physical and visual
qualities of the subject property thereby enhancing the aesthetics of the
25 surrounding neighborhood. The presence of site constraints caused by the
26 existing fault lines on the subject property required creative design
techniques and consideration of parking reduction and density bonus to
27 achieve a high quality development that will be served by variety of
-28 transportation options. Through this proposal, the existing property will
5
Resolution No.
} be transformed from an underutilized site into a development that meets
the City's housing needs, while satisfying the Development Code and
2 General Plan requirements and will be adequately regulated through the
Conditions of Approval and Mitigation Measures in order to minimize
3 potential impacts and will be consistent with the proposed Multi-Family
4 Residential Land Use Designation set forth by the General Plan Land Us
Map.
5
Finding No. 3: The proposed development is harmonious and compatible with existing
b and future developments within the land use district and general area, as
-7 well as the land uses presently on the subject property.
8 Finding of Fact: The proposed eighty-four (84) unit apartment complex will be
harmonious and compatible with existing and future developments within
9 the Residential Medium High(RMH) zone and the surrounding area. The
48 scale and density of the proposed development is similar to that of the
existing residential development in the area and it conforms to the
44 development standards of the Residential Medium High (RMH) zone.
Since the proposal is consistent with both the General Plan and
42 Development Code, no land use conflict is expected to result from
13 construction of the proposed project.
4.4 Finding No. 4: The proposed development is in compliance with the requirements of the
California Environmental Quality Act (CEQA) and §19.20.030 of the
45 Development Code.
476 Finding of Fact: In accordance with §'[ll�r✓v63 of th t
47 (r�State CEQA Guidelines, section 15063, an Initial
Study/Mitigated Negative Declaration was prepared and adopted in
48 connection with General Plan Amendment 16-06, Development
Code/Zoning Map Amendment 16-07, Development Permit Type-P 16
4-9 06 and Variance 18-01. In accordance with §1��Mate CEQA
20 Guidelines, section 15097, a Mitigation Monitoring and Reporting
Program has been prepared and adopted in order to ensure that the
24 Mitigation Measures are implemented to prevent potential environmental
22 impacts.
23 Finding No. 5: There will be no potentially significant negative impacts upon
environmental quality and natural resources that could not be properly
-24 mitigated and monitored.
2-5 Finding of Fact: In accordance with §15063 ric Aet
26 (r�State CEQA Guidelines, section 15063, an Initial
Study/Mitigated Negative Declaration was prepared and adopted in
27 connection with General Plan Amendment 16-06, Development
-28 Code/Zoning Map Amendment 16-07, Development Permit Type-P 16-
6
Resolution No.
06 and Variance 18-01. In accordance with §'5s�°97 Mate CEQA
47 06
section 15097, a Mitigation Monitoring and Reporting
2 Program has been prepared and adopted in order to ensure that the
Mitigation Measures are implemented to prevent potential environmental
3 impacts. Therefore, there will not be potentially significant negative
4 impacts upon environmental quality or natural resources.
5 Finding No. 6: The subject site is physically suitable for the type and density/intensity of
use being proposed.
b
Finding of Fact: The proposed eighty-four (84) unit apartment complex is similar to the
existing uses adjacent to and directly abutting the subject property and
8 will be subject to Conditions of Approval and Mitigation Measures
designed to alleviate any potential impacts.
9
4$ Finding No. 7: There are adequate provisions for public access, water, sanitation, and
public utilities and services to ensure that the proposed use would not be
44 detrimental to public health and safety.
42 Finding of Fact: There are adequate provisions for public access, public utilities, and
473 public services for the proposed eighty-four(84) unit apartment complex
along with the construction of the required on-site and off-site
4.4 improvements. The existing site is located adjacent to and already served
by existing public streets and a full range of public utilities and services.
45 All applicable Codes will apply to the proposed development. Therefore,
476 subject to the Conditions of Approval and Mitigation Measures, the
proposed development under Development Permit Type-P 16-06 will not
47 be detrimental to public services or public health and safety.
4$ Finding No. 8: The location, size, design, and operating characteristics of the proposed
use are compatible with the existing and future land uses within the
4-9 general area in which the proposed use is to be located and will not
20 create significant noise, traffic or other conditions or situations that may
be objectionable or detrimental to other permitted uses in the vicinity or
2-47 adverse to the public interest, health, safety, convenience, or welfare of
22 the City.
23 Finding of Fact: The proposed eighty-four (84) unit apartment complex, along with the
construction of the required on-site and off-site improvements, conforms
2-4 to all applicable development standards and land use regulations of the
Residential Medium High (RMH) zone. Therefore, the design of the
25 project, in conjunction with the recommended Conditions of Approval
26 and Mitigation Measures will ensure that the proposal will not create
significant noise, traffic, or other conditions or situations that may be
27 objectionable or detrimental to other permitted uses in the vicinity of the
28 site, nor will it be adverse to the public interest, health, safety,
7
Resolution No.
} convenience or welfare of the City. The location, size, design and
character of the proposed development will enhance the neighborhood to
2 the benefit of the public interest and general welfare of the City.
3 SECTION 34. Findings of Fact—Variance 18-01.
4 Finding No. 1: That there are special circumstances applicable to the property, including
5 size, shape, topography, location or surroundings, the strict application o
this Development Code deprives such property of privileges enjoyed by
b other property in the vicinity and under identical land use district
7 classification.
8 Finding of Fact: The existence of active fault lines on the property and the requirements
outlined in both the City of San Bernardino General Plan and
9 Development Code prohibiting the construction of structures intended for
48 human habitation within fifty(50) feet of an active fault line constitutes a
special circumstance which would deprive the property of privileges
114 enjoyed by other property in the vicinity and under identical land use
classification.
44
473 Finding No. 2: That granting the Variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in
44 the same vicinity and land use district and denied to the property for
which the Variance is sought.
45
476 Finding of Fact: The Variance for the reduction in required parking and the distance of
parking from dwelling units is necessary for the preservation and
47 enjoyment of a substantial property right possessed by other property in
the same vicinity and land use district due to the construction restrictions
4$ within fifty(50) feet of an active fault line.
479 Finding No. 3: That granting the Variance will not be materially detrimental to the
-20 public health, safety, or welfare, or injurious to the property or
improvements in such vicinity and land use district in which the property
-24 is located.
23 Finding of Fact: The Variance will not be materially detrimental to the public health,
23 safety, or welfare, as the proposed project will provide approximately 1.5
parking spaces per unit and the applicant has agreed to prepare an area
-24 in the public right-of-way for Omnitrans to construct a bus stop with a
shelter and trash enclosure along Waterman Avenue, which will also
25 provide additional transportation opportunities to future residents of the
2-6 development. In regard to the distance of parking spaces from the
dwelling units to the parking spaces, the distance may be mildly
27 inconvenient, but would not pose an undue risk to the health, safety, or
welfare of the residents.
8
Resolution No.
} Finding No. 4: That granting the Variance does not constitute a special privilege
2- inconsistent with the limitations upon other properties in the vicinity and
land use district in which such property is located.
3
4 Finding of Fact: The granting of the Variance would not constitute a special privilege
inconsistent with the limitations upon other properties in the vicinity and
5 land use district in which such property is located due to the fact that the
presence of active fault lines within the project area limit the area that
b can be utilized for the construction of structures intended for human
7 habitation and is unique to this site.
8 Finding No. 5: That granting of the Variance does not allow a use or activity which is
not otherwise expressly authorized by the regulations governing the
3 subject parcel.
10 Finding of Fact: The granting of the Variance does not allow a use or activity which is
14 not otherwise expressly authorized by the regulations governing the
subject parcel, but will allow the property development to be maximized
12 while maintaining health, safety and welfare standards for potential future
473 residents.
4.4 Finding No. 6: That granting the Variance will not be inconsistent with the General Plan.
15 Finding of Fact: The granting of the Variance will not be inconsistent with the General
476 Plan and will in fact be consistent with the General Plan Circulation
Element Goal 6.6.10: Consider the provision of incentives, such as
4-7 reduced parking standards and density/intensity bonuses to those projects
near transit stops that include transit-friendly uses such as child care,
4$ convenience retail, and housing.
479
2$
23
SECTION 5. Notice of DeteFmiaation. The Plaiming Di-N4sion of the Co
27 Mitigated Negative Declar-atiop
-28
9
Resolution No.
4 SECTION 65. — General Plan Amendment 16-06 and Development Code Amendment
(Zoning Map Amendment) 16-07, as approved by Ordinance, is incorporated herein by what is this? C:.:it be delete ? If
so,renumber sections below.
2- reference)
3 SECTION 76. — Conditions of Approval. Development Permit Type-P 16-06 and
4 Variance 18-01, is hereby approved, subject to the following Conditions of Approval:
5 1. This approval is to allow the development of an eighty-four (84) unit apartment complex,
along with the construction of the required on-site and off-site improvements, on a project
6 site comprised of five (5) parcels containing a total of approximately 2.81 acres; and, allow
-7 the reduction of the required parking stalls from 155 to 128, and a greater distance
between the residential units and the parking spaces, than the 150 foot maximum distance
8 that is currently required. The project site is located on the northeast corner of S.
Waterman Avenue and Wier Road (APN: 0141-352-09, 10, 11, 12 and 13) within the
9 Residential Medium High(RMH) zone.
48 2. The project site shall be developed and maintained in accordance with the plans stamped
14 September 19, 2018 (EXHIBIT "N'), approved by the City, which includes a site plan,
floor plans, exterior elevations and concept landscaping plan on file in the Planning
42 Division; the Conditions of Approval contained herein; and, the City's Municipal Code
43 regulations.
4.4 3. The project shall be subject to all of the mitigation measures contained within the
Mitigation Monitoring and Reporting Program(EXHIBIT `B"), dated September 19, 2018,
45 and incorporated herein by reference as Conditions of Approval.
476 4. Within two (2) years of the Development Permit approval, commencement of construction
47 shall have occurred or the permit/approval shall become null and void. In addition, if after
commencement of construction, work is discontinued for a period of one year, then the
48 permit/approval shall become null and void. However, approval of the Development Permit
does not authorize commencement of construction. All necessary permits must be obtained
4-9 prior to commencement of specified construction activities included in the Conditions of
20 Approval.
24 EXPIRATION DATE: October 19, 2020
22 5. The review authority may grant a time extension, for good cause, not to exceed twelve
23 (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
24 ensure that the project complies with all Development Code provisions in effect at the time
M of the requested extension.
26 6. In the event this approval is legally challenged, the City will promptly notify the applicant
of any claim, action or proceeding and will cooperate fully in the defense of this matter.
27 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
-28 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 ent6ies. The applicant further agrees to reimburse
Resolution No.
} the City for any costs and attorneys' fees, which the City may be required by a court to
pay as a result of such action, but such participation shall not relieve applicant of his or her
2 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
3 condition. As part of the consideration for issuing this Development Permit, this condition
4 shall remain in effect if the Development Permit is rescinded or revoked, whether or not at
the request of applicant.
5
7. A minimum of one (1) parking space should numbered and assigned for each one (1)
b bedroom apartment, and two (2) parking spaces numbered and assigned for each two (2)
7 bedroom apartment.
8 8. An additional four(4) bin trash enclosure will be required on the south end of the site.
9 9. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am.
4$ No construction vehicles, equipment, or employees may be delivered to, or arrive at the
construction site before 7:00 am or leave the site after 8:00 pm. Construction activities
114 shall only occur Monday through Friday.
42 10. The V-ditch along Waterman Avenue will be piped for the necessary improvements to the
13 Public Right-of-Way, with a sidewalk installed to the City's standard so that the ADA
requirement of 8' x 5' for a bus stop will be met. Additionally, a 10' x 25' area will be
-4 prepared with minimal landscaping or groundcover for Omnitrans to install a fully improved
bus stop with bench, cover, and trash enclosure.
45
11.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
47 materials shall be reviewed and approved by the Planning Division prior to commencement
of work.
48
12.The landscaping along Wier Road shall comply with the Opaque Screen, Type C pursuant
4-9 to the Development Code §19.28.040(3)(0).
20
13.The project landscape plans shall be in substantial compliance with the Conceptual
24 Landscape plan and prepared in accordance with the Development Code 19.28.120, Water
22 Efficient Landscaping Standards.
23 14.Minor modification to the plans shall be subject to approval by the Director through the
Minor Modification Permit process. Any modification that exceeds 10% of the allowable
24 measurable design/site considerations shall require the refilling of the original application.
M
26 15.The project shall comply with all applicable requirements of the Building and Safety
Division, Police Department, Municipal Water Department, Public Services Department and
27 the City Clerk's Office/Business Registration Division.
28
11
Resolution No.
} 16.This approval shall comply with the requirements of other outside agencies (i.e., San
Bernardino County Health Department, Division of Environmental Health Services, San
2- Bernardino County Consolidated Fire District, and California Board of Equalization), as
applicable.
3
4 17.The facility operator and property owner shall be responsible for regular maintenance of the
project site. The site shall be maintained in a clean condition and free of litter and any othe
5 undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed and
cleaned up within 24 hours of being reported.
b
18. Signs are not approved as part of this permit. Prior to establishing any new signs or
replacing existing signs, the applicant shall submit an application and receive approval for a
8 Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are
prohibited unless a Temporary Sign Permit is obtained.
9
48 19.All exterior lighting shall be contained within property lines and energy efficient with the
option to lower or reduce usage when the facility is closed.
14
20. Submittal requirements for permit applications (site improvements, landscaping, etc.) to
42 Building Plan Check and/or Land Development must include all Conditions of Approval
13 issued with this approval, printed on the plan sheets.
4.4 21.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.
45
476 Land Development Division Conditions
4-7 22. Drainage and Flood Control
a) A local drainage study will be required for the project. Any drainage improvements,
4$ 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
4-9 of-way dedicated as necessary.
-20 b) The development is located within Zone X of the Federal Insurance Rate Maps on
booklet#06071C8692H with year 08/28/2008.
24 c) All drainage from the development shall be directed to an approved public drainage
facility. If not feasible, proper drainage facilities and easements shall be provided to
22 the satisfaction of the City Engineer.
-23 d) If site drainage is to be outletted into the public street, the drainage shall be
conveyed through a parkway culvert constructed in accordance with City Standard
-24 No. 400. Conveyance of site drainage over the Driveway approaches will not be
permitted.
-25 e) A Full Categorical Water Quality Management Plan (WQMP) and a Storm Water
26 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
27 Technical Guidance Document and template. The Building Official, prior to issuance
-,8
12
Resolution No.
} of any permit, shall approve the WQMP and the SWPPP. A CD copy of the
approved WQMP and SWPPP are required prior to Occupancy.
2- f) 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 area,
3 construction yards, storage areas, etc.). A WDID number issued by the State of
4 California is required prior to the issuance of grading permit.
g) The Land Development Division, prior to grading plan approval, shall approve an
5 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
b graded areas which are not proposed to be immediately built upon.
7 23. Grading and Landscaping
a) h�-The grading and on-site improvement plan shall be signed by a Registered Civil
8 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
9 "Standard Drawings", unless otherwise approved by the Building Official.
48 b) i)-If more than 5,000 cubic yards of earthwork is proposed, the grading shall be
supervised in accordance with Section 3317.2 of the California Building Code.
44 _c) j-)-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 Building Official.
4-2 �J k}If the grading plan indicates export or import, the source of the import material
43 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
�4 Bernardino.
e) +If more than 50 cubic yards of earth is to be hauled on City Streets then a special
4-5 hauling permit shall be obtained from the City Engineer. Additional conditions,
46 such as truck route approval, traffic controls, bonding, covering of loads, street
cleaning, etc. may be required by the City Engineer.
47 f) ff4-A liquefaction evaluation is required for the site. This evaluation must be
submitted and approved prior to issuance of a grading permit. Any grading
4$ requirements recommended by the approved liquefaction evaluation shall be
incorporated in the grading plan.
4-9 g) i4-Wheel stops are not permitted by the Development Code, except at designated
24 accessible parking spaces. Therefore, continuous 6"high curb shall be used around
planter areas and areas where head in parking is adjacent to walkways. The parking
24 spaces may be 16.5' deep and may overhang the landscaping or walkway by 2.5'.
Overhang into the setback area or into an ADA path of travel(minimum 4' wide) is
22 not permitted. ADA and EV Accessible parking spaces shall be a minimum net 18-
23 feet by 9-feet in size.
h) e-)-Continuous concrete curbing at least 6 inches high and 6 inches wide shall be
-24 provided at least 3 feet from any wall, fence, property line, walkway, or structure
where parking and/or drive aisles are located adjacent thereto. Curbing may be left
25 out at structure access points. The space between the curb and wall, fence, property
26 line, walkway or structure shall be landscaped, except as allowed by the
Development Review Committee.
27 i) The refuse enclosure(s) must be constructed in accordance with City Standard
28Drawing No. 508 with modification to provide ADA access. The minimum size of
13
Resolution No.
} the refuse enclosure shall be 8 feet x 15 feet inside net dimension. Where a refuse
enclosure is proposed to be constructed adjacent to spaces for parking passenger
2- vehicles, a 3' wide by 6 " high concrete planter shall be provided to separate the
enclosure from the adjacent parking. The placement of the enclosure and design of
3 the planter shall preclude the enclosure doors from opening into drive aisles or
4 impacting against adjacent parked cars. The number and placement of refuse
enclosures shall conform to the location and number as reviewed and approved by
5 the Public Works Refuse Division.
j� q}Retaining walls, block walls and all on-site fencing shall be designed and detailed
b on the on-site improvement Plan. This work shall be part of the on-site
7 improvement permit issued by the Building Official. All masonry walls shall be
constructed of decorative block with architectural features acceptable to the City
8 Planner.
k) r-)-No construction on a site shall begin before a temporary/security fence is in place
9 and approved by the Building Official or his designee. Temporary/security fencing
48 may not be removed until approved by the Building Official or his designee. The
owner or owner's agent shall immediately remove the temporary/security fencing
114 upon the approval of the Building Official or his designee. Sites that contain
multiple buildings shall maintain the temporary/security fencing around the portion
42 of the site and buildings under construction as determined by the Building Official
473 or his designee. All temporary/security fencing for construction sites shall include
screening, emergency identification and safety identification and shall be kept in neat
�4 and undamaged condition.
1 +The on-site improvement plan shall include details of on-site lighting, including
45 light location, type of poles and fixtures, foundation design with structural
calculations, conduit location, material and size, and Photometric plot shall be
-16 provided which show that the proposed on-site lighting design will provide:
47
• 1 foot-candle of illumination uniformly distributed over the surface of the
4$ parking lot during hours of operation, and
4-9 • 0.25 foot-candles security lighting during all other hours.
24 in) t-)--The design of on-site improvements shall also comply with all requirements of
The California Building Code, Title 24, relating to accessible parking and
24 accessibility, including retrofitting of existing building access points for accessibility,
if applicable.
22 >1 *}An accessible path of travel shall be provided from the public way to the building
2-3 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
24 shall be 6.5 feet.
o) Where an accessible path of travel crosses drive aisles, it shall be delineated by
25 textured/colored concrete pavement, unless otherwise approved by the Development
26 and Environmental Review Committee.
p) w)—The project Landscape Plan shall be reviewed and approved by the Land
27 Development Division prior to issuance of a grading permit. Submit 3 copies to the
28Land Development Division for Checking.
14
Resolution No.
} g) x}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.
2 f) y)-The public right-of-way, between the property line and top of curb (also known
as "parkway") along adjoining streets shall be landscaped by the developer and
3 maintained in perpetuity by the property owner. Details of the parkway landscaping
4 shall be included in the project's on-site landscape plan, unless the parkway area is
included in a Landscape and Lighting Maintenance District, in which case, a
5 separate landscape plan shall be provided.
s) z}All electrical transformers located outdoors on the site, shall be screened from
b view with a solid wall or landscaping and shall not be located in any setback/right
7 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 Section
8 19.30.110.
24. Utilities
3 a) aa)-Design and construct all public utilities to serve the site in accordance with City
48 Code, City Standards and requirements of the serving utility, including gas, electric,
telephone, water, sewer and cable TV (Cable TV optional for commercial,
44 industrial, or institutional uses).
b) Backflow preventers shall be installed for any building with the fmished floor
4-2 elevation below the rim elevation of the nearest upstream sewer manhole.
473 e+This project is located in the sewer service area maintained by the City of San
Bernardino therefore, any necessary sewer main extension shall be designed and
4.4 constructed in accordance with the City's "Sewer Policy and Procedures" and City
Standard Drawings.
45 d) dd}Utility services shall be placed underground and easements provided as required.
476 e) ee)-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 (non
47 subdivisions) or Section 19.30.110 (subdivisions) of the Development Code.
1D }Existing Utilities which interfere with new construction shall be relocated at the
4$ Developer's expense as directed by the City Engineer, except overhead lines, if
required by provisions of the Development Code to be undergrounded. See
4-9 Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110
-20 (subdivisions).
y� gg)-Sewers within private streets or private parking lots will not be maintained by
-24 the City but shall be designed and constructed to City Standards and inspected
under a City On-Site Construction Permit. A private sewer plan designed by the
24 Developer's Engineer and approved by the City Engineer will be required. This plan
23 can be incorporated in the grading plan, where practical.
-24 25. Mapping
a) 1h-)--The applicant's surveyor/engineer shall submit a Parcel Map with supporting
25 documents for review and approval to Land Development combining the 5 existing
2-6 parcels into 1 parcel. The parcel map shall be recorded prior to building occupancy.
27
2,8
15
Resolution No.
4 26. Improvement Completion
-2 b) ii)-Street, sewer, drainage improvement, traffic signals, and landscape and irrigation
plans for the entire project shall be completed, subject to the approval of the City
3 Engineer, prior to the Map recordation.
4 c) jj)-Street light energy fee to pay cost of street light energy for a period of 4 years
shall be paid. Exact amount shall be determined and shall become payable prior to
5 map recordation.
b
7 Public Works Department Conditions
8 27. Street Improvement and Dedications
9 a) kk)—For the streets listed below, dedication of adequate street right-of-way
(R.W.) per the General Plan and Municipal Code shall provide the distance from
48 street centerline to property line and placement of the curb line (C.L.) in relation
114 to the street centerline shall be as follows:
14 Street Name Right of Way(ft.) Curb Line(ft)
�3
�4 Waterman Avenue 55' Existing 36' Existing
(141-352-09 At ultimate None-Proposed
15 141-352-10 (Future 36' to 40')
141-352-11
141-352-12
4-7 141-352-13
48 Wier Road 32' Existing 20' Existing
4-9 (141-352-09 At ultimate At ultimate
141-352-10
20 141-352-11
141-352-12
24 141-352-13
22
23 b) 44)-Waterman Avenue:
24 i) The street shall be rehabilitated to meet the requirements detailed in a
soils report based on the "R"value of the subgrade and the traffic Index.
25 The City's has a minimum standard for streets (4" AC over 8" Base);
However the Soils Report may indicate a thicker or different
26 improvement.
27
2,8
16
Resolution No.
4 ii) If the existing curb & gutter adjacent to the site are in poor condition,
the curb & gutter shall be removed and reconstructed in accordance to
2 City Standards.
3 iii) The corner shall be a 25' Radius
4 iv) Construct sidewalk adjacent to the site in accordance with City Standard
No. 202; Case "A" (6' wide adjacent to curb).
5 v) An ADA Ramp shall be constructed at corner in accordance with the
g SPPWC (Standard Plans for Public Works Construction) or Caltrans
Standard plans A88A.
7 vi) Install LED Street Lights System adjacent to the site in accordance with
8 City Standard No's. SL-1, SL-2, and SL-3. Also, a separate light plan
shall be submitted in accordance with the City of San Bernardino Street
9 Lighting Design Policies
478 vii) Install a city approved trash screen and filtration device in the catch
basins downstream.
114
c) r)-Wier Road:
44 i) The street shall be rehabilitated to meet the requirements detailed in a
13 soils report based on the "R"value of the subgrade and the traffic Index.
The City's has a minimum of 2" Grind and Overlay; However the Soils
44 Report may indicate a thicker or different improvement.
45 ii) If the existing curb & gutter adjacent to the site are in poor condition,
the curb & gutter shall be removed and reconstructed in accordance to
-16 City Standards.
47 iii) The corner shall be a 25' Radius
48 iv) Driveway Approach shall be constructed using City Standard No. 204,
Type II, including an accessible by-pass around the top of the drive
4-9 approach.
20 v) Construct sidewalk adjacent to the site in accordance with City Standard
24 No. 202; Case "A" (6' wide adjacent to curb).
vi) An ADA Ramp shall be constructed at corner in accordance with the
22 SPPWC (Standard Plans for Public Works Construction) or Caltrans
23 Standard plans A88A.
vii) Install LED Street Lights System adjacent to the site in accordance with
24 City Standard No's. SL-1, SL-2, and SL-3. Also, a separate light plan
25 shall be submitted in accordance with the City of San Bernardino Street
Lighting Design Policies
26 viii) Replace concrete cross gutter using City Standard No. 201, to match
27 existing crossgutter.
28
17
Resolution No.
47 ix) Install a city approved trash screen and filtration device in the catch
basins downstream.
*A Traffic Report may increase and extend these requirements.
3 d) flfl)—A second copy of the drainage report will delivered to public works, if
4 offsite or overflow storm drain systems are identified, all systems shall be
included on the street improvement plans, or a separate set of plans.
5 c) ee)—City approved trash screens and filtration devices shall be installed in all
g catch basins.
7 1� pp)-Access and improvements to the drainage on the north side of the property
shall be restored or constructed back to Public Works Department satisfaction.
8 g) qq)--An encroachment permit from Public Works Department shall be required
9 for utility cuts into existing streets or any work within City's right-of-way.
Pavement restoration or trench repair shall be in conformance with City
-t8 Standard No. 310. Public facilities shall be restored or constructed back to
14 Public Works Department satisfaction.
h) rr}Any pavement works affecting the traffic loop detectors shall be coordinated
12 and subjected to Public Works Traffic Division requirements.
13 �i) ss�The applicant must post a performance bond prior to issuance of the off-site
permit. The amount of the bond is to be determined by Public Works
-14 Department.
15 28. Required Engineering Plans
16 a) #)-A complete submittal for plan checking shall consist of:
4-7 ■ street improvement plans (may include street lights or street lighting may be
separate plan),
48 ■ sewer plans (Private sewers may be shown on on-site improvement plan;
4-9 public sewers must be on a separate plan with profile submitted to
SBMWD),
24 ■ storm drain plans (Private storm drains may be shown on on-site
24 improvement plans; public storm drains must be on a separate plan with
profile),
22 ■ traffic signal plans (if needed),
23 ■ signing and striping plan (may be on sheets included in street improvement
-24 plan),
■ lighting(on-site lighting may be included in on-site improvement plan or may
2-5 be on a separate stand-alone plan),
2-6 ■ grading(may be incorporated with on-site improvement plan),
27 ■ on-site improvement plans and on-site landscaping and irrigation,
28
18
Resolution No.
47 ■ water plans (shall be submitted to San Bernardino Municipal Water
Department),
■ other plans as required. Piecemeal submittal of various types of plans for
3 the same project will not be allowed.
4 ■ All required supporting calculations, studies and reports must be included in
the initial submittal (including but not limited to drainage studies, soils
5 reports, structural calculations)
g b) u4All 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
-7 Engineer or his designee shall be provided. Conditions of the project shall be
8 inserted in the plans.
c) vv)-After completion of plan checking, final mylar drawings, stamped and signed
9 by the Registered Civil Engineer in charge, shall be submitted to the City
478 Engineer and/or Building Official for approval.
d) Copies of the City's design policies and procedures and standard drawings
14 are available at the Public Works Counter for the cost of reproduction. They
12 are also available at no charge at the Public Works Web Site at
http://www.sbcity.org
13 29. Required Engineering Permits
474 a) *x}Grading permit.
475 b) �-�On-site improvements construction permit (except buildings - see
476 Development Services-Building Division), including landscaping.
c) �z}Off--site improvement construction permit.
4-7 30. Applicable Engineering Fees
478 a) All plan check, permit, inspection, and impact fees are outlined on the
4-9 Public Works Fee Schedule. A deposit in the amount of 100% of the estimate
checking fee for each set of plans will be required at time of application for plan
20 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
24 for plan checking.
22 b) The current fee schedule is available at the Public Works Counter and at
23 http://www.sbcity.org
31. Traffic Requirements
-24 a) eee)—All Traffic mitigation measures shall be implemented according to the
2-5 recommendations of the City Traffic Engineer prior to Street Improvement plan
approval.
26
27 Building and Safety Division Conditions
-,8
19
Resolution No.
4 32.This is a formal submittal to the building Division and shall include all required documents,
which includes a soils report, when determined to be required.
33. Address the requirements of the California Green Code 2016 for all debris. Check the VO
3 forms per code.
4 34. Check Chapter 3 of the California Building Code for the Occupancy Requirements and
5 Chapter 4 for the Special Use Requirements.
b 35. As a reminder the Building Department submittal is separate from the Fire Department.
7 Please show location of all existing hydrants.
8 36. Refer to Chapter 11B of the California Building Code 2016 for ADA Requirements.
9 37. Refer to Section 105 Permits for all required permits of the California Building Code 2016.
4$
114
San Bernardino County Fire District Conditions
42
4-3 38.Shall comply with all Building, Fire Codes and Fire District standard requirements based on
occupancy classification.
4-4
39. Any changes to this proposal shall require a new Fire District condition letter.
45
40. Any changes to the approved life safety system shall require plans to be submitted to the
4-6 Fire District prior to construction including fire sprinklers, fire alarms, underground water
47 supply for fire protection, cooking appliances and Hood protections.
4$ 41.Monitored fire alarm system is required for the proposed building(s). Plans shall be
4-9 submitted to the Fire District prior to construction. PER CFC 903.2.1.1.
2# 42. Knox Box/Key Box is required and shall be provided and installed in accordance with
California Fire Code &Fire District standard.
24
43. Required Fire Flow for this project shall meet the minimum requirements established in the
22 California Fire Code.
2-3
44. An approved on-site fire protection water system in accordance with the Fire District
2-4 standard is required. The system is required to be in place and serviceable prior to building
construction.
2-5
26 45. An approved water supply system, complete with street fire hydrants complying with the
Fire District standard shall be in place prior to any combustible construction.
27
-,8
20
Resolution No.
4 46. Provide a complete on-site fire protection plan to the Fire District which indicates the
location of all required fire protection appliances (FDCs, PIVs, DDCs, proposed and
2 existing fire hydrants, etc.).
3 47. Fencing, walls or car ports shall not obstruct Fire District access to fire hydrants and
4 property.
5 48. Paved access from two (2) points shall be required for completion and occupancy.
b 49. Interior/exterior Fire District access roadways/fire lanes shall be required per Fire District
-7 standard. Any gates installed, must comply with Fire District standard.
8 50. Provide the following fire District notes on the site utility plan:
• A separate permit is required by the Fire District for installation of on-site water
9 systems. No work may begin until the permit has been obtained. A permit
application may be obtained from Fire Prevention.
470 • All hydrants shall have a blue reflective dot placed in the drive lane adjacent to the
114 hydrants per Fire District standard.
• Paint curbs red, 15' to either side of fire hydrant and FDC.
42 • Fire District Connection required within 50 feet of hydrant.
473 • Bollards (crash posts) may be required at time of final inspection(to protect the fire
hydrants and FDC from vehicular traffic).
4.4 • Public fire hydrants are required along streets at intervals not to exceed 300 feet for
commercial and 500 feet for residential areas.
45
51. Premise and Building Identification and addressing shall be a minimum of 12 inches in
476 height.
47
52. Fire Sprinklers are required. System shall meet the requirements of NFPA 13 not 13 R in
4$ lieu of 30' access requirements.
479 53. Fire Riser room is required. See County Standard requirements.
-20
54. Fire extinguishers are required throughout. All spacing shall meet CFC for spacing and
24 size.
22 55. All exiting shall comply with the California Fire Code and Building Code for travel
23 distance, lineal feet, and width.
24 SECTION 7. Notice of Determination. The Planning Division of the Community
Development Department is hereby directed to file a Notice of Determination with the County
2-5 Clerk of the County of San Bernardino within five (5) working days of final project approval
26 certifying the City's compliance with the California Environmental Quality Act in approving the
Project.
27
-28
21
Resolution No.
4 SECTION 8. Severability: If any section, subsection, subdivision, sentence, or clause
2 or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional,
invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the
3 validity or effectiveness of the remaining portions of this Resolution or any part thereof. The
Mayor and City Council hereby declares that it would have adopted each section irrespective o
4 the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be
5 declared unconstitutional, invalid, or ineffective.
b APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this day of 2018.
7
8
9
48
114
472
43
14
RESOLUTION OF T14E MA-VOR A lam CITY !''lllTNCII OF T14E CITY OF S n�r
VPE n 16 06 TO
476 ALLOW T14E DEVELOPMENT OF AN EIGHTV FOUR (84) UNIT APARTMENT
COMPLEX �D VAR n NCE 18 ni TO ALLOW I O x7 T1IE REDUCTION OF THE
REQUIRED PARKING SPACES FROM 155 TO 128 AND THE INCREASE OF THE
48 MAXIMUM DISTANCE REQUIREMENT BETWEEN THE RESWENTIAL UNITS
AND T14E PARKING SPACES FROM 150 FEET TO 250 FEET ON A PROjECT SIT
479 COMPRUED OF FIAIE (5) PARCELS (APN2 0141 352 09, 10, 11, 12, AND 13)
2# CONTAINING A TOTAL OF A—A-IPIRWX-11A�IATELV 2.81 ACRES LOCATED AT T
24
2-3 .
24 r,.efie:i r,e �e f. . AYR S NAYS n a�nr ABSENT
25 NCARQUEZ
26 $
27 37nr�n
22
Resolution No.
4 SHORETT
rri
3
r4rrrr,T
4
5 R. Carey Davis, Mayor
b City of San Bernardino
7 Attest:
8
9 Georgeann Hanna, CMC, City Clerk
4$
44 Approved as to form:
4-2
4-3 Gary D. Saenz, City Attorney
44
45
46
4-7
4$
43
2-0
24
2-2
2-3
2-4
2-5
2-6
27
28
23
Resolution No.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy
of Resolution No. adopted at a regular meeting held the day of 2018 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
ICKEL
RICHARD
MULVI TILL
WITNESS my hand and official seal of the City of San Bernardino this day of
2018.
Appr-oved as to fefmi city of Sem Beffiefditio
Georgeann Hanna, CMC, City Clerk
Byi
24
Resolution No.
EXHIBIT A
APPROVED PLANS
25
Resolution No.
EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM
26
Summary report:
Litera® Change-Pro 7.5.0.135 Document comparison done on 9/18/2018
10:24:32 AM
Style name: Default Style
Intelligent Table Comparison: Active
Original filename: SB - Weir Road - V DP Reso.doc
Modified filename: SB - Weir Road- V DP Reso 2.DOC
Changes:
Add 112
Delete 109
N40VO FFOM11
Move To 11
Table Insert 0
Table tic 1
Table moves to 0
Embedded Graphics Visio, ChemDraw, Images etc. 0
Embedded Excel 0
Format changes 0
Total Changes: 1244
Resolution No. 2018-263
RESOLUTION NO. 2018-263
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT PERMIT TYPE-P 16-06 TO
ALLOW THE DEVELOPMENT OF AN EIGHTY-FOUR (84)
UNIT APARTMENT COMPLEX AND VARIANCE 18-01 TO
ALLOW THE REDUCTION OF THE REQUIRED PARKING
SPACES FROM 155 TO 128 AND THE INCREASE OF THE
MAXIMUM DISTANCE REQUIREMENT BETWEEN THE
RESIDENTIAL UNITS AND THE PARKING SPACES FROM
150 FEET TO 250 FEET ON A PROJECT SITE COMPRISED
OF FIVE (5) PARCELS (APN: 0141-352-09, 10, 11, 12,AND 13)
CONTAINING A TOTAL OF AAPROXIMATELY 2.81 ACRES
LOCATED AT THE NORTHEAST CORNER OF S.
WATERMAN AVENUE AND WIER ROAD, PURSUANT TO A
MITIGATED NEGATIVE DECLARATION.
WHEREAS, together, General Plan Amendment 16-06, Development Code Amendment
(Zoning Map Amendment) 16-07, Development Permit Type-P 16-06 and Variance 18-01
constitute the Weir Road Villa Community Project("Project"); and
WHEREAS, General Plan Amendment 16-06 and Development Code/Zoning Map
Amendment 16-07 is a request to allow the change of the General Plan Land Use Designation
from Commercial to Multi-Family Residential and the Zoning District Classification from
Commercial General (CG-1) to Residential Medium High (RMH) of four (4) parcels containing
a total of approximately 2.25 acres; and
WHEREAS, Development Permit Type-P 16-06 and Variance 18-01 is a request to allow
the development of an eighty-four (84) unit apartment complex and Variance 18-01 to allow the
reduction of the required parking spaces from 155 to 128 and the increase of the maximum
distance requirement between the residential units and the parking spaces from 150 feet to 250
feet on a project site comprised of five (5) parcels containing a total of approximately 2.81 acres;
and
WHEREAS, the Planning Division of the Community Development Department has
reviewed General Plan Amendment 16-06, Development Code/Zoning Map Amendment 16-07,
Development Permit Type-P 16-06 and Variance 18-01 for compliance with the California
Government Code, consistency with the City of San Bernardino General Plan and compliance
with the City of San Bernardino Development Code; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"; Pub.
Resources Code, § 21000 et seq.), section 21067, and State CEQA Guidelines (Cal. Code Regs.,
§ 15000 et seq.), section 15367, the City of San Bernardino is the lead agency for the Project;
and
1
Resolution No. 2018-263
WHEREAS, City staff determined that pursuant to State CEQA Guidelines section
15073, preparation of a mitigated negative declaration was the appropriate environmental review
procedure under CEQA, because all potential significant impacts of the Project can be mitigated
to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration ("MND") and Mitigation Monitoring and
Reporting Program ("MMR-P")were prepared for the Project; and
WHEREAS, the Mayor and City Council, having independently reviewed and
considered the MND and MMRP, and the entire record related thereto, have certified that the
MND has been completed in compliance with the requirements of CEQA, and that, with the
incorporation of identified mitigation measures, there is no substantial evidence supporting a fair
argument that approval of the Project will result in a significant effect on the environment; and
WHEREAS, notice of the September 19, 2018 public hearing for the Mayor and City
Council's consideration of the proposed Resolution was published in The Sun newspaper on
September 7, 2018, and was mailed to property owners within a 500 foot radius of the project
site in accordance with Development Code Chapter 19.52; and
WHEREAS, pursuant to the requirements of Chapters 19.52, 19.44, and 19.72 of the
City of San Bernardino Development Code, the Mayor and City Council have the authority to
take action on Development Permit Type-P 16-06 and Variance 18-01; and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City
Council and no additional information submitted to the City Council, has produced substantial
new information requiring substantial revisions that would trigger additional environmental
review under CEQA.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,AS FOLLOWS:
SECTION 1. The Mayor and City Council find that the above-stated Recitals are true
and hereby adopt and incorporate them herein.
SECTION 2. Compliance with the California Environmental Quality The Mayor
and City Council having independently reviewed and analyzed the record before it, including the
adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and
written and oral testimony, and having exercised their independent judgment, find that there is no
substantial evidence supporting a fair argument that approval of Development Permit Type-P 16-06
and Variance 18-01 will result in a significant effect on the environment.
SECTION 3. Findings of Fact—Development Permit Type-P 16-06.
Finding No. 1: The proposed development is permitted within the subject zoning district
and complies with all applicable provisions of the Development Code,
2
Resolution No. 2018-263
including prescribed site development standards and applicable design
guidelines.
Finding of Fact: The proposed development of an eighty-four (84) unit apartment complex
is a permitted use within the Residential Medium High (RMH) Zone,
subject to the approval of a Development Permit Type-P with the
appropriate Conditions of Approval and CEQA determination. The
proposal under Development Permit Type-P 16-06 and Variance 18-01
will be developed in compliance with all of the applicable provisions of
the City of San Bernardino Development Code, including development
standards and applicable design guidelines.
Finding No. 2: The proposed use is consistent with the General Plan.
Finding of Fact: General Plan Safety Element Policy 10.7.1: "Minimize the risk to life and
property through the identification of potentially hazardous areas,
establishment of proper construction design criteria, and provision of
public information."
General Plan Safety Element Policy 10.7.2: "Require geologic and
geotechnical investigations for new development in areas adjacent to
known fault locations and approximate fault locations as part of the
environmental and/or development review process and enforce structural
setbacks f om faults identified through those investigations."
General Plan Safety Element Policy 10.7.3: "Enforce the requirements of
the California Seismic Hazards Mapping and Alquist-Priolo Earthquake
Fault Zoning Acts when siting, evaluating, and constructing new projects
within the City."
General Plan Circulation Element Policy 6.6.1: "Support the efforts of
regional, state, and federal agencies to provide additional local and
express bus service in the City."
General Plan Circulation Element Goal 6.6.10: "Consider the provision of
incentives, such as reduced parking standards and density/intensity
bonuses to those projects near transit stops that include transit friendly
uses such as child care, convenience retail, and housing."
General Plan Community Design Element Goal 5.6: "Ensure that multi-
family housing is attractively designed and scaled to contribute to the
neighborhood and provide visual interest through varied architectural
detailing."
3
Resolution No. 2018-263
General Plan Land Use Element Policy 2.3.2: "Promote development that
is compact, pedestrian friendly, and served by a variety of transportation
options along major corridors and in key activity areas."
The proposed eighty-four (84) unit apartment complex has been designed
with consideration for the existing active fault lines and proximity to
transit stops. With respect to the proposal, the applicant will renovate 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. The presence of site constraints caused by the
existing fault lines on the subject property required creative design
techniques and consideration of parking reduction and density bonus to
achieve a high quality development that will be served by variety of
transportation options. Through this proposal, the existing property will be
transformed from an underutilized site into a development that meets the
City's housing needs, while satisfying the Development Code and General
Plan requirements and will be adequately regulated through the Conditions
of Approval and Mitigation Measures in order to minimize potential
impacts and will be consistent with the proposed Multi-Family Residential
Land Use Designation set forth by the General Plan Land Use Map.
Finding No. 3: The proposed development is harmonious and compatible with existing
and future developments within the land use district and general area, as
well as the land uses presently on the subject property.
Finding of Fact: The proposed eighty-four (84) unit apartment complex will be harmonious
and compatible with existing and future developments within the
Residential Medium High (RMH) zone and the surrounding area. The
scale and density of the proposed development is similar to that of the
existing residential development in the area and it conforms to the
development standards of the Residential Medium High (RMH) zone.
Since the proposal is consistent with both the General Plan and
Development Code, no land use conflict is expected to result from
construction of the proposed project.
Finding No. 4: The proposed development is in compliance with the requirements of the
California Environmental Quality Act (CEQA) and §19.20.030 of the
Development Code.
Finding of Fact: In accordance with State CEQA Guidelines, section 15063, an Initial
Study/Mitigated Negative Declaration was prepared and adopted in
connection with General Plan Amendment 16-06, Development
Code/Zoning Map Amendment 16-07, Development Permit Type-P 16-06
and Variance 18-01. In accordance with State CEQA Guidelines, section
15097, a Mitigation Monitoring and Reporting Program has been prepared
4
Resolution No. 2018-263
and adopted in order to ensure that the Mitigation Measures are
implemented to prevent potential environmental impacts.
Finding No. 5: There will be no potentially significant negative impacts upon
environmental quality and natural resources that could not be properly
mitigated and monitored.
Finding of Fact: In accordance with State CEQA Guidelines, section 15063, an Initial
Study/Mitigated Negative Declaration was prepared and adopted in
connection with General Plan Amendment 16-06, Development
Code/Zoning Map Amendment 16-07, Development Permit Type-P 16-06
and Variance 18-01. In accordance with State CEQA Guidelines, section
15097, a Mitigation Monitoring and Reporting Program has been prepared
and adopted in order to ensure that the Mitigation Measures are
implemented to prevent potential environmental impacts. Therefore, there
will not be potentially significant negative impacts upon environmental
quality or natural resources.
Finding No. 6: The subject site is physically suitable for the type and density/intensity of
use being proposed.
Finding of Fact: The proposed eighty-four (84) unit apartment complex is similar to the
existing uses adjacent to and directly abutting the subject property and will
be subject to Conditions of Approval and Mitigation Measures designed to
alleviate any potential impacts.
Finding No. 7: There are adequate provisions for public access, water, sanitation, and
public utilities and services to ensure that the proposed use would not be
detrimental to public health and safety.
Finding of Fact: There are adequate provisions for public access, public utilities, and public
services for the proposed eighty-four (84) unit apartment complex along
with the construction of the required on-site and off-site improvements.
The existing site is located adjacent to and already served by existing
public streets and a full range of public utilities and services. All
applicable Codes will apply to the proposed development. Therefore,
subject to the Conditions of Approval and Mitigation Measures, the
proposed development under Development Permit Type-P 16-06 will not
be detrimental to public services or public health and safety.
Finding No. 8: The location, size, design, and operating characteristics of the proposed
use are compatible with the existing and future land uses within the
general area in which the proposed use is to be located and will not create
significant noise, traffic or other conditions or situations that may be
objectionable or detrimental to other permitted uses in the vicinity or
5
Resolution No. 2018-263
adverse to the public interest, health, safety, convenience, or welfare of the
City.
Finding of Fact: The proposed eighty-four (84) unit apartment complex, along with the
construction of the required on-site and off-site improvements, conforms
to all applicable development standards and land use regulations of the
Residential Medium High (RMH) zone. Therefore, the design of the
project, in conjunction with the recommended Conditions of Approval and
Mitigation Measures will ensure that the proposal will not create
significant noise, traffic, or other conditions or situations that may be
objectionable or detrimental to other permitted uses in the vicinity of the
site, nor will it be adverse to the public interest, health, safety,
convenience or welfare of the City. The location, size, design and
character of the proposed development will enhance the neighborhood to
the benefit of the public interest and general welfare of the City.
SECTION 4. Findings of Fact—Variance 18-01.
Finding No. 1: That there are special circumstances applicable to the property, including
size, shape, topography, location or surroundings, the strict application of
this Development Code deprives such property of privileges enjoyed by
other property in the vicinity and under identical land use district
classification.
Finding of Fact: The existence of active fault lines on the property and the requirements
outlined in both the City of San Bernardino General Plan and
Development Code prohibiting the construction of structures intended for
human habitation within fifty (50) feet of an active fault line constitutes a
special circumstance which would deprive the property of privileges
enjoyed by other property in the vicinity and under identical land use
classification.
Finding No. 2: That granting the Variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in
the same vicinity and land use district and denied to the property for which
the Variance is sought.
Finding of Fact: The Variance for the reduction in required parking and the distance of
parking from dwelling units is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in
the same vicinity and land use district due to the construction restrictions
within fifty (50)feet of an active fault line.
Finding No. 3: That granting the Variance will not be materially detrimental to the public
health, safety, or welfare, or injurious to the property or improvements in
such vicinity and land use district in which the property is located.
6
Resolution No. 2018-263
Finding of Fact: The Variance will not be materially detrimental to the public health, safety,
or welfare, as the proposed project will provide approximately 1.5 parking
spaces per unit and the applicant has agreed to prepare an area in the
public right-of-way for Omnitrans to construct a bus stop with a shelter
and trash enclosure along Waterman Avenue, which will also provide
additional transportation opportunities to future residents of the
development. In regard to the distance of parking spaces from the dwelling
units to the parking spaces, the distance may be mildly inconvenient, but
would not pose an undue risk to the health, safety, or welfare of the
residents.
Finding No. 4: That granting the Variance does not constitute a special privilege
inconsistent with the limitations upon other properties in the vicinity and
land use district in which such property is located.
Finding of Fact: The granting of the Variance would not constitute a special privilege
inconsistent with the limitations upon other properties in the vicinity and
land use district in which such property is located due to the fact that the
presence of active fault lines within the project area limit the area that can
be utilized for the construction of structures intended for human habitation
and is unique to this site.
Finding No. 5: That granting of the Variance does not allow a use or activity which is not
otherwise expressly authorized by the regulations governing the subject
parcel.
Finding of Fact: The granting of the Variance does not allow a use or activity which is not
otherwise expressly authorized by the regulations governing the subject
parcel, but will allow the property development to be maximized while
maintaining health, safety and welfare standards for potential future
residents.
Finding No. 6: That granting the Variance will not be inconsistent with the General Plan.
Finding of Fact: The granting of the Variance will not be inconsistent with the General Plan
and will in fact be consistent with the General Plan Circulation Element
Goal 6.6.10: Consider the provision of incentives, such as reduced parking
standards and density/intensity bonuses to those projects near transit stops
that include transit-friendly uses such as child care, convenience retail, and
housing.
SECTION 5.— Conditions of Approval. Development Permit Type-P 16-06 and Variance
18-01, is hereby approved, subject to the following Conditions of Approval:
7
Resolution No. 2018-263
1. This approval is to allow the development of an eighty-four (84) unit apartment complex,
along with the construction of the required on-site and off-site improvements, on a project
site comprised of five (5) parcels containing a total of approximately 2.81 acres; and, allow
the reduction of the required parking stalls from 155 to 128, and a greater distance between
the residential units and the parking spaces, than the 150 foot maximum distance that is
currently required. The project site is located on the northeast corner of S. Waterman Avenue
and Wier Road (APN: 0141-352-09, 10, 11, 12 and 13) within the Residential Medium High
(RMH) zone.
2. The project site shall be developed and maintained in accordance with the plans stamped
September 19, 2018 (EXHIBIT "A"), approved by the City, which includes a site plan, floor
plans, exterior elevations and concept landscaping plan on file in the Planning Division; the
Conditions of Approval contained herein; and, the City's Municipal Code regulations.
3. The project shall be subject to all of the mitigation measures contained within the Mitigation
Monitoring and Reporting Program (EXHIBIT "B"), dated September 19, 2018, and
incorporated herein by reference as Conditions of Approval.
4. Within two (2) years of the Development Permit approval, commencement of construction
shall have occurred or the permit/approval shall become null and void. In addition, if after
commencement of construction, work is discontinued for a period of one year, then the
permit/approval shall become null and void. However, approval of the Development Permit
does not authorize commencement of construction. All necessary permits must be obtained
prior to commencement of specified construction activities included in the Conditions of
Approval.
EXPIRATION DATE: October 19, 2020
5. The review authority may grant a time extension, for good cause, not to exceed twelve (12)
months. The applicant must file an application, the processing fees, and all required submittal
items, thirty (30) days prior to the expiration date. The review authority shall ensure that the
project complies with all Development Code provisions in effect at the time of the requested
extension.
6. In the event this approval is legally challenged, the City will promptly notify the applicant of
any claim, action or proceeding and will cooperate fully in the defense of this matter. Once
notified, the applicant agrees to defend, indemnify and hold harmless the City of San
Bernardino (City), any departments, agencies, divisions, boards or commission of the City as
well as predecessors, successors, assigns, agents, directors, elected officials, officers,
employees, representatives and attorneys of the City from any claim, action or proceeding
against any of the foregoing persons or entities. The applicant further agrees to reimburse the
City for any costs and attorneys' fees, which the City may be required by a court to pay as a
result of such action, but such participation shall not relieve applicant of his or her obligation
under this condition. The costs, salaries, and expenses of the City Attorney and employees of
his office shall be considered as "Attorney's fees" for the purpose of this condition. As part
8
Resolution No. 2018-263
of the consideration for issuing this Development Permit, this condition shall remain in effect
if the Development Permit is rescinded or revoked, whether or not at the request of applicant.
7. A minimum of one (1) parking space should numbered and assigned for each one (1)
bedroom apartment, and two (2) parking spaces numbered and assigned for each two (2)
bedroom apartment.
8. An additional four (4)bin trash enclosure will be required on the south end of the site.
9. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No
construction vehicles, equipment, or employees may be delivered to, or arrive at the
construction site before 7:00 am or leave the site after 8:00 pm. Construction activities shall
only occur Monday through Friday.
10. The V-ditch along Waterman Avenue will be piped for the necessary improvements to the
Public Right-of-Way, with a sidewalk installed to the City's standard so that the ADA
requirement of 8' x 5' for a bus stop will be met. Additionally, a 10' x 25' area will be
prepared with minimal landscaping or groundcover for Omnitrans to install a fully improved
bus stop with bench, cover, and trash enclosure.
11. 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.
12. The landscaping along Wier Road shall comply with the Opaque Screen, Type C pursuant to
the Development Code §19.28.040(3)(C).
13. The project landscape plans shall be in substantial compliance with the Conceptual
Landscape plan and prepared in accordance with the Development Code 19.28.120, Water
Efficient Landscaping Standards.
14. Minor modification to the plans shall be subject to approval by the Director through the
Minor Modification Permit process. Any modification that exceeds 10% of the allowable
measurable design/site considerations shall require the refilling of the original application.
15. The project shall comply with all applicable requirements of the Building and Safety
Division, Police Department, Municipal Water Department, Public Services Department and
the City Clerk's Office/Business Registration Division.
16. This approval shall comply with the requirements of other outside agencies (i.e., San
Bernardino County Health Department, Division of Environmental Health Services, San
Bernardino County Consolidated Fire District, and California Board of Equalization), as
applicable.
9
Resolution No. 2018-263
17. The facility operator and property owner shall be responsible for regular maintenance of the
project site. The site shall be maintained in a clean condition and free of litter and any other
undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed and
cleaned up within 24 hours of being reported.
18. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing
existing signs, the applicant shall submit an application and receive approval for a Sign
Permit from the Planning Division. Banners, flags, pennant, and similar signs are prohibited
unless a Temporary Sign Permit is obtained.
19. All exterior lighting shall be contained within property lines and energy efficient with the
option to lower or reduce usage when the facility is closed.
20. 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.
21. 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.
Land Development Division Conditions
22. Drainage and Flood Control
a) A local drainage study will be required for the project. Any drainage improvements,
structures or storm drains needed to mitigate downstream impacts or protect the
development shall be designed and constructed at the developer's expense, and right-
of-way dedicated as necessary.
b) The development is located within Zone X of the Federal Insurance Rate Maps on
booklet 90607IC8692H with year 08/28/2008.
c) All drainage from the development shall be directed to an approved public drainage
facility. If not feasible, proper drainage facilities and easements shall be provided to
the satisfaction of the City Engineer.
d) If site drainage is to be outletted into the public street, the drainage shall be conveyed
through a parkway culvert constructed in accordance with City Standard No. 400.
Conveyance of site drainage over the Driveway approaches will not be permitted.
e) A Full Categorical Water Quality Management Plan (WQMP) and a Storm Water
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 issuance
of any permit, shall approve the WQMP and the SWPPP. A CD copy of the approved
WQMP and SWPPP are required prior to Occupancy.
f) A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board
for construction disturbing I acre or more of land (including the project area,
construction yards, storage areas, etc.). A WDID number issued by the State of
California is required prior to the issuance of grading permit.
10
Resolution No. 2018-263
g) The Land Development Division, prior to grading plan approval, shall approve an
Erosion Control Plan. The plan shall be designed to control erosion due to water and
wind, including blowing dust, during all phases of construction, including graded
areas which are not proposed to be immediately built upon.
23. Grading and Landscaping
a) The grading and on-site improvement plan shall be signed by a Registered Civil
Engineer and a grading permit will be required. The grading plan shall be prepared in
strict accordance with the City's "Grading Policies and Procedures" and the City's
"Standard Drawings", unless otherwise approved by the Building Official.
b) If more than 5,000 cubic yards of earthwork is proposed, the grading shall be
supervised in accordance with Section 3317.2 of the California Building Code.
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 Building Official.
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, such
as truck route approval, traffic controls, bonding, covering of loads, street cleaning,
etc. may be required by the City Engineer.
f) A liquefaction evaluation is required for the site. This evaluation must be submitted
and approved prior to issuance of a grading permit. Any grading requirements
recommended by the approved liquefaction evaluation shall be incorporated in the
grading plan.
g) Wheel stops are not permitted by the Development Code, except at designated
accessible parking spaces. Therefore, continuous 6" high curb shall be used around
planter areas and areas where head in parking is adjacent to walkways. The parking
spaces may be 16.5' deep and may overhang the landscaping or walkway by 2.5'.
Overhang into the setback area or into an ADA path of travel (minimum 4' wide) is
not permitted. ADA and EV Accessible parking spaces shall be a minimum net 18-
feet by 9-feet in size.
h) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be
provided at least 3 feet from any wall, fence, property line, walkway, or structure
where parking and/or drive aisles are located adjacent thereto. Curbing may be left
out at structure access points. The space between the curb and wall, fence, property
line,walkway or structure shall be landscaped, except as allowed by the Development
Review Committee.
i) The refuse enclosure(s) must be constructed in accordance with City Standard
Drawing No. 508 with modification to provide ADA access. The minimum size of
the refuse enclosure shall be 8 feet x 15 feet inside net dimension. Where a refuse
enclosure is proposed to be constructed adjacent to spaces for parking passenger
vehicles, a 3' wide by 6 " high concrete planter shall be provided to separate the
enclosure from the adjacent parking. The placement of the enclosure and design of
the planter shall preclude the enclosure doors from opening into drive aisles or
impacting against adjacent parked cars. The number and placement of refuse
11
Resolution No. 2018-263
enclosures shall conform to the location and number as reviewed and approved by the
Public Works Refuse Division.
j) Retaining walls, block walls and all on-site fencing shall be designed and detailed on
the on-site improvement Plan. This work shall be part of the on-site improvement
permit issued by the Building Official. All masonry walls shall be constructed of
decorative block with architectural features acceptable to the City Planner.
k) No construction on a site shall begin before a temporary/security fence is in place and
approved by the Building Official or his designee. Temporary/security fencing may
not be removed until approved by the Building Official or his designee. The owner or
owner's agent shall immediately remove the temporary/security fencing upon the
approval of the Building Official or his designee. Sites that contain multiple
buildings shall maintain the temporary/security fencing around the portion of the site
and buildings under construction as determined by the Building Official or his
designee. All temporary/security fencing for construction sites shall include
screening, emergency identification and safety identification and shall be kept in neat
and undamaged condition.
1) The on-site improvement plan shall include details of on-site lighting, including light
location, type of poles and fixtures, foundation design with structural calculations,
conduit location, material and size, and Photometric plot shall be provided which
show that the proposed on-site lighting design will provide:
• 1 foot-candle of illumination uniformly distributed over the surface of the
parking lot during hours of operation, and
• 0.25 foot-candles security lighting during all other hours.
m) The design of on-site improvements shall also comply with all requirements of The
California Building Code, Title 24, relating to accessible parking and accessibility,
including retrofitting of existing building access points for accessibility, if applicable.
n) 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.
o) Where an accessible path of travel crosses drive aisles, it shall be delineated by
textured/colored concrete pavement, unless otherwise approved by the Development
and Environmental Review Committee.
p) The project Landscape Plan shall be reviewed and approved by the Land
Development Division prior to issuance of a grading permit. Submit 3 copies to the
Land Development Division for Checking.
q) 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.
r) The public right-of-way, between the property line and top of curb (also known as
"parkway") along adjoining streets shall be landscaped by the developer and
maintained in perpetuity by the property owner. Details of the parkway landscaping
shall be included in the project's on-site landscape plan, unless the parkway area is
included in a Landscape and Lighting Maintenance District, in which case, a separate
landscape plan shall be provided.
12
Resolution No. 2018-263
s) All electrical transformers located outdoors on the site, shall be screened from view
with a solid wall or landscaping and shall not be located in any 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 Section 19.30.110.
24. Utilities
a) Design and construct all public utilities to serve the site in accordance with City
Code, City Standards and requirements of the serving utility, including gas, electric,
telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial,
or institutional uses).
b) Backflow preventers shall be installed for any building with the finished floor
elevation below the rim elevation of the nearest upstream sewer manhole.
c) This project is located in the sewer service area maintained by the City of San
Bernardino therefore, any necessary sewer main extension shall be designed and
constructed in accordance with the City's "Sewer Policy and Procedures" and City
Standard Drawings.
d) Utility services shall be placed underground and easements provided as required.
e) 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 (non-
subdivisions) or Section 19.30.110 (subdivisions) of the Development Code.
f) Existing Utilities which interfere with new construction shall be relocated at the
Developer's expense as directed by the City Engineer, except overhead lines, if
required by provisions of the Development Code to be undergrounded. See
Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110
(subdivisions).
g) Sewers within private streets or private parking lots will not be maintained by the
City but shall be designed and constructed to City Standards and inspected under a
City On-Site Construction Permit. A private sewer plan designed by the Developer's
Engineer and approved by the City Engineer will be required. This plan can be
incorporated in the grading plan,where practical.
25. Mapping
a) The applicant's surveyor/engineer shall submit a Parcel Map with supporting
documents for review and approval to Land Development combining the 5 existing
parcels into I parcel. The parcel map shall be recorded prior to building occupancy.
26. Improvement Completion
b) Street, sewer, drainage improvement, traffic signals, and landscape and irrigation
plans for the entire project shall be completed, subject to the approval of the City
Engineer, prior to the Map recordation.
C) Street light energy fee to pay cost of street light energy for a period of 4 years
shall be paid. Exact amount shall be determined and shall become payable prior to
map recordation.
Public Works Department Conditions
13
Resolution No. 2018-263
27. Street Improvement and Dedications
a) For the streets listed below, dedication of adequate street right-of-way (R.W.) per
the General Plan and Municipal Code shall provide the distance from street
centerline to property line and placement of the curb line (C.L.) in relation to the
street centerline shall be as follows:
Street Name Riaht of Way(ft.) Curb Line(ft)
Waterman Avenue 55' Existing 36' Existing
(141-352-09 At ultimate None-Proposed
141-352-10 (Future 36' to 40')
141-352-11
141-352-12
141-352-13)
Wier Road 32' Existing 20' Existing
(141-352-09 At ultimate At ultimate
141-352-10
141-352-11
141-352-12
141-352-13)
b) Waterman Avenue:
i) The street shall be rehabilitated to meet the requirements detailed in a soils
report based on the "R" value of the subgrade and the traffic Index. The
City's has a minimum standard for streets (4" AC over 8" Base); However
the Soils Report may indicate a thicker or different improvement.
ii) If the existing curb & gutter adjacent to the site are in poor condition, the
curb & gutter shall be removed and reconstructed in accordance to City
Standards.
iii) The corner shall be a 25' Radius
iv) Construct sidewalk adjacent to the site in accordance with City Standard
No. 202; Case "A" (6' wide adjacent to curb).
v) An ADA Ramp shall be constructed at corner in accordance with the
SPPWC (Standard Plans for Public Works Construction) or Caltrans
Standard plans A88A.
vi) Install LED Street Lights System adjacent to the site in accordance with
City Standard No's. SL-1, SL-2, and SL-3. Also, a separate light plan
shall be submitted in accordance with the City of San Bernardino Street
Lighting Design Policies
14
Resolution No. 2018-263
vii) Install a city approved trash screen and filtration device in the catch basins
downstream.
c) Wier Road:
i) The street shall be rehabilitated to meet the requirements detailed in a soils
report based on the "R" value of the subgrade and the traffic Index. The
City's has a minimum of 2" Grind and Overlay; However the Soils Report
may indicate a thicker or different improvement.
ii) If the existing curb & gutter adjacent to the site are in poor condition, the
curb & gutter shall be removed and reconstructed in accordance to City
Standards.
iii) The corner shall be a 25' Radius
iv) Driveway Approach shall be constructed using City Standard No. 204,
Type II, including an accessible by-pass around the top of the drive
approach.
v) Construct sidewalk adjacent to the site in accordance with City Standard
No. 202; Case "A" (6' wide adjacent to curb).
vi) An ADA Ramp shall be constructed at corner in accordance with the
SPPWC (Standard Plans for Public Works Construction) or Caltrans
Standard plans A88A.
vii) Install LED Street Lights System adjacent to the site in accordance with
City Standard No's. SL-1, SL-2, and SL-3. Also, a separate light plan
shall be submitted in accordance with the City of San Bernardino Street
Lighting Design Policies
viii) Replace concrete cross gutter using City Standard No. 201, to match
existing crossgutter.
ix) Install a city approved trash screen and filtration device in the catch basins
downstream.
*A Traffic Report may increase and extend these requirements.
d) A second copy of the drainage report will delivered to public works, if offsite or
overflow storm drain systems are identified, all systems shall be included on the
street improvement plans, or a separate set of plans.
e) City approved trash screens and filtration devices shall be installed in all catch
basins.
f) Access and improvements to the drainage on the north side of the property shall
be restored or constructed back to Public Works Department satisfaction.
g) An encroachment permit from Public Works Department shall be required for
utility cuts into existing streets or any work within City's right-of-way. Pavement
restoration or trench repair shall be in conformance with City Standard No. 310.
Public facilities shall be restored or constructed back to Public Works Department
satisfaction.
15
Resolution No. 2018-263
h) Any pavement works affecting the traffic loop detectors shall be coordinated and
subjected to Public Works Traffic Division requirements.
i) The applicant must post a performance bond prior to issuance of the off-site
permit. The amount of the bond is to be determined by Public Works Department.
28. Required Engineering Plans
a) A complete submittal for plan checking shall consist of
■ street improvement plans (may include street lights or street lighting may be
separate plan),
■ sewer plans (Private sewers may be shown on on-site improvement plan;
public sewers must be on a separate plan with profile submitted to SBMWD),
■ 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 (if needed),
■ signing and striping plan (may be on sheets included in street improvement
plan),
■ lighting (on-site lighting may be included in on-site improvement plan or may
be on a separate stand-alone plan),
■ grading (may be incorporated with on-site improvement plan),
■ on-site improvement plans and on-site landscaping and irrigation,
■ water plans (shall be submitted to San Bernardino Municipal Water
Department),
■ other plans as required. Piecemeal submittal of various types of plans for the
same project will not be allowed.
■ All required supporting calculations, studies and reports must be included in
the initial submittal (including but not limited to drainage studies, soils
reports, structural calculations)
b) All off-site improvement plans submitted for plan check shall be prepared on the
City's standard 24" x 36" sheets. A signature block satisfactory to the City
Engineer or his designee shall be provided. Conditions of the project shall be
inserted in the plans.
c) After completion of plan checking, final mylar drawings, stamped and signed by
the Registered Civil Engineer in charge, shall be submitted to the City Engineer
and/or Building Official for approval.
d) Copies of the City's design policies and procedures and standard drawings are
available at the Public Works Counter for the cost of reproduction. They are also
available at no charge at the Public Works Web Site at hLtp://www.sbcily.org
29. Required Engineering Permits
a) Grading permit.
16
Resolution No. 2018-263
b) On-site improvements construction permit (except buildings - see Development
Services-Building Division), including landscaping.
C) Off-site improvement construction permit.
30. Applicable Engineering Fees
a) All plan check, permit, inspection, and impact fees are outlined on the Public
Works Fee Schedule. A deposit in the amount of 100% of the estimated
checking fee for each set of plans will be required at time of application for plan
check. The amount of the fee is subject to adjustment if the construction cost
estimate varies more than 10% from the estimate submitted with the application
for plan checking.
b) The current fee schedule is available at the Public Works Counter and at
http://www.sbci . .or
31. Traffic Requirements
a) All Traffic mitigation measures shall be implemented according to the
recommendations of the City Traffic Engineer prior to Street Improvement plan
approval.
Building and Safety Division Conditions
32. This is a formal submittal to the building Division and shall include all required documents,
which includes a soils report, when determined to be required.
33. Address the requirements of the California Green Code 2016 for all debris. Check the VOC
forms per code.
34. Check Chapter 3 of the California Building Code for the Occupancy Requirements and
Chapter 4 for the Special Use Requirements.
35. As a reminder the Building Department submittal is separate from the Fire Department.
Please show location of all existing hydrants.
36. Refer to Chapter 11B of the California Building Code 2016 forADA Requirements.
37. Refer to Section 105 Permits for all required permits of the California Building Code 2016.
San Bernardino County Fire District Conditions
38. Shall comply with all Building, Fire Codes and Fire District standard requirements based on
occupancy classification.
39.Any changes to this proposal shall require a new Fire District condition letter.
17
Resolution No. 2018-263
40.Any changes to the approved life safety system shall require plans to be submitted to the Fire
District prior to construction including fire sprinklers, fire alarms, underground water supply
for fire protection, cooking appliances and Hood protections.
41.Monitored fire alarm system is required for the proposed building(s). Plans shall be submitted
to the Fire District prior to construction. PER CFC 903.2.1.1.
42. Knox Box/Key Box is required and shall be provided and installed in accordance with
California Fire Code & Fire District standard.
43. Required Fire Flow for this project shall meet the minimum requirements established in the
California Fire Code.
44. An approved on-site fire protection water system in accordance with the Fire District
standard is required. The system is required to be in place and serviceable prior to building
construction.
45. An approved water supply system, complete with street fire hydrants complying with the Fire
District standard shall be in place prior to any combustible construction.
46. Provide a complete on-site fire protection plan to the Fire District which indicates the
location of all required fire protection appliances (FDCs, PIVs, DDCs, proposed and existing
fire hydrants, etc.).
47. Fencing, walls or car ports shall not obstruct Fire District access to fire hydrants and
property.
48. Paved access from two (2)points shall be required for completion and occupancy.
49. Interior/exterior Fire District access roadways/fire lanes shall be required per Fire District
standard.Any gates installed,must comply with Fire District standard.
50. Provide the following fire District notes on the site utility plan:
• A separate permit is required by the Fire District for installation of on-site water
systems. No work may begin until the permit has been obtained.A permit application
may be obtained from Fire Prevention.
• All hydrants shall have a blue reflective dot placed in the drive lane adjacent to the
hydrants per Fire District standard.
• Paint curbs red, 15' to either side of fire hydrant and FDC.
• Fire District Connection required within 50 feet of hydrant.
• Bollards (crash posts) may be required at time of final inspection (to protect the fire
hydrants and FDC from vehicular traffic).
• Public fire hydrants are required along streets at intervals not to exceed 300 feet for
commercial and 500 feet for residential areas.
18
Resolution No. 2018-263
51. Premise and Building Identification and addressing shall be a minimum of 12 inches in
height.
52. Fire Sprinklers are required. System shall meet the requirements of NFPA 13 not 13 R in lieu
of 30' access requirements.
53. Fire Riser room is required. See County Standard requirements.
54. Fire extinguishers are required throughout. All spacing shall meet CFC for spacing and size.
55. All exiting shall comply with the California Fire Code and Building Code for travel distance,
lineal feet, and width.
SECTION 6. Notice of Determination. The Planning Division of the Community
Development Department is hereby directed to file a Notice of Determination with the County
Clerk of the County of San Bernardino within five (5) working days of final project approval
certifying the City's compliance with the California Environmental Quality Act in approving the
Proj ect.
SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and
City Council hereby declares that it would have adopted each section irrespective of the fact that
any one or more subsections, subdivisions, sentences, clauses, or phrases be declared
unconstitutional, invalid, or ineffective.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this day of , 2018.
R. Carey Davis,Mayor
City of San Bernardino
Attest:
Georgeann Hanna, CMC, City Clerk
Approved as to form:
19
Resolution No. 2018-263
Gary D. Saenz, City Attorney
20
Resolution No. 2018-263
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. , adopted at a regular meeting held the day of , 2018 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
WITNESS my hand and official seal of the City of San Bernardino this day of
2018.
Georgeann Hanna, CMC, City Clerk
21
Resolution No. 2018-263
EXHIBIT A
APPROVED PLANS
22
Resolution No. 2018-263
EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM
23