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HomeMy WebLinkAbout8617RESOLUTION NO. 8617 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING CONDITIONAL USE PERMIT NO. 1179 AND COMMISSION REVIEW AND APPROVAL NO. 962 TO ALLOW THE CONSTRUCTION AND OPERATION A PRE -OWNED AUTOMOBILE SALES AND SERVICE/RECONDITIONING FACILITY INCLUDING OUTDOOR VEHICLE STORAGE LOT ON APPROXIMATELY 18.56 ACRES OF LAND LOCATED ON THE WEST SIDE OF NEW YORK STREET AT WEST BROCKTON AVENUE IN THE GENERAL COMMERCIAL (EV/CG) DISTRICT OF THE EAST VALLEY CORRIDOR SPECIFIC PLAN (APNS: 0169-011-38-0000 AND 0169-011-39-0000). WHEREAS, CarMax Auto Superstores, Inc. ("Applicant"), has filed applications for Conditional Use Permit No. 1179 and Commission Review & Approval No. 962 to construct a pre -owned automobile sales and service/reconditioning facility consisting of: a 4,958 square -foot retail sales building, a 39,621 square -foot automobile service/repair facility and reconditioning building, a 2,772 square -foot quality control/auction building with 936 square foot non-public carwash, a private fuel tank/dispenser, an outdoor vehicle holding/storage lot, and various related on -site improvements including driveways, landscape, lighting, and walls/fences on an 18.56-acre project site located on the west side of New York Street at West Brockton Avenue, approximately 1000 feet north of West Colton Avenue in the General Commercial (EV/CG) District of the East Valley Corridor Specific Plan (APNs: 0169-011-38-0000 and 0169-011-39-0000) (the "Project" or "Project Entitlements"); and WHEREAS, these applications were filed concurrently with Amendment No. 52 to Specific Plan No. 40 (the "Project" or "Project Entitlements"); and WHEREAS, the Project is subject to the California Environmental Quality Act (CEQA), the City has prepared an Initial Study for the Project in accordance with the State CEQA Guidelines, and adopted a Mitigated Negative Declaration for the project in accordance with CEQA Guidelines Section 15074; and WHEREAS, on June 11, 2024, the Planning Commission held a public hearing and considered the staff report, oral report, the testimony, and the written evidence submitted by and on behalf of the applicant and by members of the public; and WHEREAS, on June 11, 2024, the Planning Commission recommended approval of the Project to the City Council; and WHEREAS, on or about July 3, 2024, notice of the City Council's public hearing for the Project was published in the Redlands Daily Facts by the City Clerk; and WHEREAS, on July 16, 2024, the City Council held a public hearing and considered the staff written and oral reports, the recommendation of the Planning Commission, the testimony and 1 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Carmax).docx-ms written evidence submitted by and on behalf of the applicant, and testimony by members of the public; and WHEREAS, following the public hearing on July 16, 2024, the City Council determined that approval of the proposal is in the best interests of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF REDLANDS AS FOLLOWS: SECTION 1. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The proposed Project is subject to the California Environmental Quality Act (CEQA), and the City Council has adopted Resolution No. 8615 certifying and adopting the Mitigated Negative Declaration and related Mitigation Monitoring/Reporting Program for the project. SECTION 2. FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT NO. 1179. The City Council of the City of Redlands hereby approves Conditional Use Permit No. 1179 based upon the following findings, and subject to the Conditions of Approval attached hereto as Exhibit "A," and Exhibit "B,": 1. That the proposed development will not adversely affect the applicable land use plans of the city. The proposed development will not adversely affect the land use plans of the City, as the proposed development is consistent with the General Plan's land use designations as Commercial and Commercial Industrial, and the General Commercial (EV/CG) district of the East Valley Corridor Specific Plan (as amended), which allow for a variety of commercial and light industrial uses, including used automobile sales facilities. With the conditions of approval requiring retail operations and enhanced screening for vehicle storage areas, the proposed development meets all applicable development standards of the EV/CG district. 2. That the proposed development will not be detrimental to the public health, safety and welfare. The proposed project will not be detrimental to the public health, safety, and welfare. The proposed project will develop a used automobile sales facility with ancillary service, reconditioning and outdoor storage areas on an existing 18.56- acre lot that is consistent with existing commercial development in the surrounding area. An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to fully analyzed potential environmental impacts as a result of the proposed project, and all potential impacts are either considered less than significant or can be mitigated to a level that will be less than significant. The MND contains a total of twelve (12) mitigation measures that have been recommended to reduce potential impacts associated with Biological Resources, Cultural Resources, Tribal Cultural Resources, Geology and Soils, and Hazards and Hazardous Materials. With the 2 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Cannax).docx-ins implementation of these mitigation measures, impacts are reduced to a level that is less than significant, and a Mitigated Negative Declaration is recommended. The project will construct two driveway entrances which will serve the proposed project. New York Street and Lugonia Avenue are roadways that have capacity to provide adequate vehicular access to the development, and Lugonia Avenue is a dedicated truck route. 3. That the proposed development will comply to the maximum extent feasible with the regulations of the city's general plan, the applicable zoning district and the cty's development standards. With the recommended conditions of approval requiring enhanced screening, the proposed development complies, to the maximum extent feasible, with the City's General Plan and zoning regulations. In addition, the project will meet all applicable development standards in the General Commercial (EV/CG) District of the East Valley Corridor Specific Plan, and other applicable provisions of the Redlands Municipal Code. 4. That the proposed development is appropriate at the proposed location. The proposed used automotive sales facility is appropriate at the proposed location because it is consistent with commercial uses within the vicinity, and has adequate site design and access to ensure maximum land use compatibility. The site is designated Commercial, and Commercial Industrial by the General Plan and located within the General Commercial (EV/CG) District of the East Valley Corridor Specific Plan. These designations at the project site date back to the early 2000s, therefore, the site has been envisioned to be developed with commercial development since at least that time. The project site is a 18.56-acre site located near several large scale commercial and industrial developments including a new automobile sales facility, commercial shopping centers, and an industrial building, and incorporates improvements that will be similar to the surrounding area and standard new developments. Enhanced screening, as required with the conditions of approval, will allow the project to be compatible with adjacent land uses. Utilities and services in the area are adequate to serve the proposed development, and adjacent roadways have capacity to provide adequate vehicular access to the development. SECTION 3. FINDINGS FOR APPROVAL OF COMMISSION REVIEW & APPROVAL NO. 962. The City Council of the City of Redlands hereby approves Commission Review & Approval No. 962 based upon the following findings, and subject to the Conditions of Approval attached hereto as Exhibit "A" and Exhibit "B": 1. The site for the intended use is adequate in size and shape to accommodate the use, and all of the required yards, setbacks, walls or fences, landscaping and other features will adjust the use to those existing or permitted future uses of land in the 3 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Carmax).docx-ms neighborhood. The site is physically suitable for the type of development proposed. The site has a relatively flat grade, is currently vacant, with all necessary utilities available. The project will construct adequate access consisting of two driveways for the proposed used automobile use. The project consists of constructing a 4,958 square foot sales building, a 39,621 square foot service/reconditioning building, a 2,772 square foot quality control building with 936 square foot non-public carwash, a private fuel tank/dispenser, and an outdoor vehicle storage lot approximately six acres in size. The buildings will be set far back from the street and comply with their respective land use and zoning designations. The proposed use and site design complies with the General Commercial (EV/CG) district of the East Valley Corridor Specific Plan and the with the conditions of approval requiring enhanced screening, adjusts to existing permitted uses of land adjacent by protecting them from unsightly views onto the outdoor storage yard and will comply with all development standards in terms of setbacks, lot coverage, parking, landscaping and screening. 2. The site for the proposed use relates to streets and highways which are properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use. The project site is located on the west side of New York Street which has been designed to carry the type and quantity of traffic generated or to be generated by the proposed use, and connects to Lugonia Avenue, a dedicated truck route. The traffic study prepared by the applicant demonstrates that traffic impacts during peak hours will be insignificant. The site will be developed with a used automotive retail and reconditioning facility and is in close proximity to collector streets, major arterials, and designated truck routes. Ingress and egress will be provided from a two driveways taking access from New York Street. With approval of the Specific Plan amendment and the conditions of approval, the proposed project is consistent with the General Plan and Zoning designations for the property. 3. The conditions set forth in the approval and those shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare. The conditions set forth are adequate to protect the public health, safety and general Welfare, including those that require additional landscaping and wall screening. These conditions ensure maximum land use computability by protecting neighboring commercial and residential properties from unsightly view onto the outdoor vehicle storage lot. In addition, conditions of approval requiring the operation of a retail sales facility during operation of the project site will ensure the project is compliant with the land use regulations established by the East Valley Corridor Specific Plan, which are an expression of the City's goals and policies protecting the public health, safety and general welfare. In addition, the project will also comply with design standards and the applicable provisions of the Redlands Municipal Code. 4 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Carmax).docx-ms 4. The proposed development is in conformity with the provisions of Chapter 18.12, and approval of the plan is in the best interest of the public health, safety, and general welfare. It is intended that design submittals be compatible with the character of adjacent and surrounding developments, and that they be of comparable composition, materials, textures and colors. Conformance is evaluated based on consideration of the seven criteria contained in RMC Section 18.12.170(B). The proposed height, form, and architectural treatment of the retail and service buildings will be consistent and compatible with surrounding nearby retail/commercial structures (including automobile retail sales, retail stores, and other commercial service buildings) on all sides that are one-story and two-story buildings. The proposed architectural materials, textures, finishes, and colors will be compatible with the predominantly retail character of adjacent and surrounding developments. The proposed landscape materials, palette, and screening are consistent with the character of adjacent and surrounding developments. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect upon adoption. ADOPTED, SIGNED AND APPROVED this 16th day of July, 2024. Eddie Tejeda, Mayo ATTEST: nne Donaldson, City Clerk 5 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Carmax).docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 16th day of July, 2024, by the following vote: AYES: Councilmembers Barich, Davis, Guzman -Lowery, Saucedo; Mayor Tejeda NOES: None ABSENT: None ABSTAINED: None Donaldson, City Clerk 6 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Carmax).docx-ms EXHIBIT A DEVELOPMENT SERVICES DEPARTMENT CONDITIONS OF APPROVAL 1. This permit/approval authorizes Conditional Use Permit No. 1179 and Commission Review & Approval No. 962 to construct a pre -owned automobile sales and service/reconditioning facility consisting of: a 4,958 square -foot retail sales building; a 39,621 square -foot automobile service/repair facility and reconditioning building; a 3,708 square -foot quality control/auction building; a 936 square -foot non-public carwash (i.e., developer's use only) ; a private fuel tank/fuel dispenser; a display area/lot for retail sales vehicles actively available for sale; an outdoor vehicle holding/storage lot on approximately six acres of the subject property (for vehicles awaiting repair or reconditioning or public display); and related on -site improvements including driveways, landscape, lighting, walls/fences, security and access gates, frontage improvements, and other related improvements. The project site consists of 18.56 acres located on the west side of New York Street at West Brockton Avenue (APNs: 0169-011-38-0000 and 0169- 011-39-0000). 2. This permit/approval shall require that a minimum of 4,958 square -feet of enclosed floor area for the Sales Building (i.e., at least half of the Sales Building floor area for conducting retail sales as shown on the project plans) shall be regularly operated and staffed for conducting onsite retail sales of automobiles on all days that the subject property is in operation. The other activities and uses on the subject property (including auto body or engine repair, other repairs, reconditioning, painting, outdoor storage lot) shall not be operated unless the retail sales component of the business is also being operated during daytime hours on the same day. The retail sales building shall be operated on every day that other non -retail uses/activities/operations are occurring. 3. The developer, property owner, and/or business operator shall not modify, alter, expand, or intensify the authorized land use (listed in Condition No. 1) or any approved buildings or approved site improvements (per the approved Project Plans) unless and until reviewed and approved by the Development Services Director or designee. Substantial modification, alteration, expansion, or intensification of the use may require a formal application for Revision at the discretion of the Development Services Director. Any application for a Revision to CUP No. 1179 and/or CRA No. 962 shall be reviewed and approved by the Planning Commission in accordance with the provisions of the Redlands Municipal Code. 4. This permit/approval shall expire two (2) years from the date of project approval (shall expire on June 11, 2026), unless construction has commenced pursuant to a building or engineering permit(s), or a time extension is granted in accordance with the Redlands Municipal Code pursuant to RMC Section 18.192.090 (Conditional Use Permits). 5. Any application(s) for an Extension of Time must be submitted to the Planning Division at least ninety (90) days prior to the expiration date. 7 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Car nax).docx-ms 6. Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or exactions unposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period. Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to Government Code Section 66020(a) has commenced to run on the date this project was approved by the City. 7. The applicant for this permit, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or brought against the City due to acts or omissions in any way connected to the applicant's project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of attorneys' fees. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant's project, within fourteen (14) City business days of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit (together, the "Security") in a form satisfactory to the City and in the amount of Three Hundred Thousand Dollars ($300,000), to ensure applicant's performance of its defense and indemnity obligations under this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City's right to revoke this permit. 8. The issuance of any permits shall comply with all applicable provisions of the Redlands Municipal Code, California Building Code, and California Fire Code in effect at the time of permit issuance. 9. All plans submitted to the City shall reflect the Planning Commission or City Council approval and any other changes required by the Commission, Council, and/or staff. This condition applies to the site plan, landscape plans, building elevations and materials, and all other illustrations, text, or plans submitted to the City in connection with this project. 10. A copy of the approved Conditions of Approval shall be included on the cover page(s) of the construction plans submitted to the Building Division. 11. No final inspection or Certificate of Occupancy shall be granted until all applicable conditions of approval have been satisfied. 12. Prior to the issuance of a building permit, a Lot Merger shall be recorded. 8 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Carmax).docx-ms 13. Plans submitted by Developer with building permit applications shall show on the building elevation sheets all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surface finish type (such as: stucco with sand finish, plaster with smooth finish) to be used in construction 14. All utilities shall be placed underground. Plans shall be submitted that detail the undergrounding of all off -site and on -site utilities, subject to review and approval by the Municipal Utilities and Engineer Director and the Development Services Director, prior to issuance of building permits. 15. Ground mounted equipment, shall be screened from public view on all sides subject to review and approval by the Development Services Director, prior to issuance of building permits. 16. Transformer cabinets and commercial gas meters shall not be located within required setbacks and shall be screened from public view either by architectural treatment or with landscaping. Multiple electrical meters and panels shall be fully enclosed and incorporated into the overall architectural design of the building(s). Backflow preventers, DCDAs, and similar utility appurtenances shall be enclosed with landscaping that will provide complete screening upon maturity. The location and method of enclosure or screening of this equipment shall be shown on the construction plans and landscape plans prior to building permit issuance. Location of said equipment shall be coordinated with appropriate utility company (e.g., Southern California Gas Company or Southern California Edison Company). The applicant shall submit plans showing details of screening subject to review and approval by the Development Services Director, prior to issuance of building permits. 17. Prior to the issuance of a building permit for any walls over three feet (3'0") in height or open fences over four feet (4'0") in height within the front yard setback(s), the developer shall obtain a Minor Exception Permit. Prior to the issuance of a building permit for any walls over six feet (6'0") in height, the developer shall obtain a Minor Exception Permit. 18. Guardrail fencing enclosing the vehicle display lot shall be placed behind landscape screening (e.g., shrubs, hedge type plants, trees, earthen berm, etc.). The Development Services Director may require and enforce additional screening improvements as site conditions change or warrant sufficient screening in accordance with the East Valley Corridor Specific Plan. 19. The outdoor vehicle storage/holding yard(s) shall be screened from public view from public rights -of -way through: placement behind buildings; and/or the construction or installation opaque walls minimum eight six feet tall, and landscape screening (e.g., hedge type plants, trees, earthen berm, etc.). The Development Services Director may require and enforce additional screening improvements as site conditions change or warrant sufficient screening in accordance with the East Valley Corridor Specific Plan. This requirement does not apply to the retail sales vehicle display area(s) at the front of the subject property. (added by Planning Commission) 9 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Carmax).docx-ms 20. In accordance with the approved traffic study, production employee shift scheduling shall occur across two primary shifts: 7:OOPM to 3:OOPM and 3:OOPM to 11:OOPM). 21. Roof and ground -mounted equipment shall be screened from public view on all sides subject to review and approval by the Development Services Director, prior to the issuance of building permits. 22. Prior to the issuance of building permits, the applicant shall submit plans detailing that roof screening is of adequate height to screen any roof -top equipment from public view on all sides, subject to review and approval by the Development Services Director. Screening of air conditioning units and other equipment on the buildings shall be incorporated into or compatible with the architectural design of the buildings. All equipment shall be screened from public view of adjacent roadways and freeways. 23. Prior to building permit issuance, the Developer shall provide a lighting plan that provides design details (light standards, bollards, wall mounted packs, etc.) and illumination site information within pathways, streetscapes, and open spaces proposed throughout the development. An electrical engineer shall prepare the site lighting and/or photometric plan demonstrating that adequate lighting ranges will be provided throughout the development without creating light spillover, light pollution, or conflicts with surrounding factors such as tree locations, off -site or adjacent lighting. The illumination within the parking lot shall be a minimum of 0.5-foot candle and illumination along all property lines of the project site shall not exceed 0.5-foot candle. Walkway lighting shall have a maximum height of 12 feet and all parking lot lighting shall have a maximum height of 30 feet. 24. All lighting shall be shielded, and no light or glare shall impact the surrounding properties. 25. Prior to issuance of building permits, Developer shall demonstrate that light standards will not conflict with tree locations. Developer shall submit a plan showing both the lighting and landscape on the same sheet. 26. All landscaped areas noted on the site plan shall be permanently maintained with healthy planting material, and whenever necessary shall be replanted with suitable vegetation. 27. Landscape and Irrigation Plans shall provide water use calculations on the submitted plans, and Developer shall demonstrate compliance with the Model Water Efficient Landscape Ordinance prior to permit issuance. The plans shall be prepared by a California -licensed landscape architect. 28. All landscaped areas noted on the site plan shall be permanently maintained with healthy planting material, and whenever necessary shall be replanted with suitable vegetation. 29. Landscape and Irrigation Plans shall provide water use calculations on the submitted plans, and Developer shall demonstrate compliance with the Model Water Efficient 10 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Carmax).docx-ms Landscape Ordinance prior to permit issuance. The plans shall be prepared by a California -licensed landscape architect. 30. Trash enclosure design and finish shall be subject to review and approval by the Facilities and Community Services Department and Development Services Department during plan check, prior to the issuance of building permits. Trash storage and refuse areas shall match the project architecture, including solid covered roofs and metal gate(s). 31. Prior to issuance of a building permit, the applicant shall be required to obtain approval of a construction site safety plan by the Redlands Police Department providing adequate security measures such as lights, video cameras, vehicle transponders, locks, alarms, trained security personnel, fencing etc. The nature of the measures will depend on the specific requirements of the site and may vary with the different stages of construction. The applicant shall be responsible for the compliance of all sub -contractors working on the site. 32. The project site shall be kept in a weed and dust free condition throughout all periods of construction and development. 33. All construction activities shall comply with the City's Noise Ordinance (RMC Chapter 8.06). Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of 6:00 P.M. and 7:00 A.M., including Saturdays, or at any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line. All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with exhaust and air intake silencers in proper working order, or suitable to meet the standards set forth herein. 34. Employees associated with the business or tenant(s) shall only park their personal vehicles within the subject property, and shall not utilize public right-of-way. 35. All vehicle transport trucks or tractor -trailer delivery trucks shall not load or unload vehicles or other merchandise on New York Street or other public right-of-way. All vehicle loading/unloading activities shall occur on the project site only. 36. Anti -idling signs indicating a five (5) minute restriction on engine idling for diesel trucks shall be posted on the project site and within the truck parking areas and shall be strictly enforced by the facility operator. 37. Signs shall be installed at all truck exit driveways directing truck drivers to the permitted truck route(s) per the General Plan (Figure 5-7, Truck Routes) to be routed to the Interstate Freeway System. 38. There shall be no outdoor storage of any materials/products, shipping containers, temporary structures, temporary trailers functioning as office or service buildings, or heavy equipment located on the subject property. 11 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Cannax).docx-ms 39. Before placing or constructing any signs on the project property, Developer shall obtain a sign permit from the City. Sign locations and illumination are subject to review and approval by the Planning Division under separate permit. 40. Revocation procedures: The Planning Commission may, after notice and public hearing, revoke approval of this permit/approval (CUP No. 1192) for noncompliance with any of its conditions. A. Notice shall be mailed to the record owner or lessee of the subject property not less than twenty (20) days prior to giving a ten (ten) day public notice. The record owner or lessee notice shall set forth the noncompliance, and shall request appearance by the permittee at the time and place specified for the hearing, to allow them to show cause why this approval should not be revoked. B. Notice shall be given as provided in RMC Section 18.192.040. C. Within ten (10) days after the hearing, the Planning Commission may revoke or modify the conditions of approval or the entitlement. After revocation, or modification, the subject property shall conform to all regulations of the zone in which it is located. D. Following the revocation of this entitlement by the city, no application for a Conditional Use Permit for the same or substantially the same use on the same or substantially same site shall be filed within six (6) months of the date of the denial or the revocation of the Conditional Use Permit. CEQA Mitigation Measures: 41. BIO-1: Preconstruction Survey A preconstruction burrowing owl (BUOW) survey shall be conducted no less than 14 days prior to initiating ground disturbance (including clearing, grubbing, grading), and a final survey within 24 hours prior to ground disturbance, to determine whether BUOW or BUOW burrows are present within or adjacent to the Project site, and to avoid negative impacts and direct take of BUOW. If BUOW are confirmed on -site, avoidance measures will be developed and implemented in compliance with and in coordination with CDFW. The results of the survey shall be documented and filed with the City. 42. BIO-2: Nesting Bird Survey Construction activities shall take place outside nesting season (nesting typically February 1 to August 31) to the greatest extent practicable. If construction activities occur during nesting season, a preconstruction nesting bird survey shall be conducted within seven days prior to initiation of ground -disturbing activities (including any clearing, grubbing, or grading), or according to the to the survey timing in the Project permits. If an active nest is identified, a minimum avoidance buffer around the active nest should be determined and implemented by a qualified biologist to avoid impacts to the active nest. The buffer shall be established with flagging and stakes or construction fencing. A minimum 100-foot no -disturbance buffer shall be placed around passerine nests. For raptors, the no -disturbance buffer shall be expanded to 500 feet. The buffer should be maintained during physical ground -disturbing activities. Once the 12 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Carmax).doex-ms qualified biologist has determined that nesting has ceased, and the nestlings have fledged and are no longer using the nest, the buffer may be removed. Biological monitoring should be conducted as needed during the nesting season to monitor the status of any active nests, survey for any new nests, and to refresh nesting bird surveys after any periods of construction inactivity. The results of the survey shall be documented and filed with the City. 43. CUL-1: Retain Cultural Resource Consultant. The Developer shall retain the services of a qualified cultural resources consultant "Consultant" and require that all initial ground disturbing work be monitored by a cultural resources monitor. This includes all initial construction activities that will potentially expose or encounter intact subsurface sediments underlying the Project site. The cultural resources consultant shall provide a Qualified Archaeologist, meeting the Secretary of the Interior Standards (U.S. Department of the Interior, 2008), and require that all initial ground -disturbing work be monitored by a cultural resources monitor (monitor) proficient in artifact and feature identification in monitoring contexts. The Consultant (Qualified Archaeologist and/or monitor) shall be present at the Project construction phase kickoff meeting. The Archaeologist will conduct Cultural Resource Sensitivity Training. The training session will focus on the archaeological and cultural resources that may be encountered during ground -disturbing activities as well as the procedures to be followed in such an event. The Archaeologist shall be present during all ground -disturbing activities to identify any known or suspected archaeological and/or cultural resources. 44. CUL-2: Prior to commencing construction activities and thus prior to any ground disturbance in the Proposed Project site, the Consultant shall conduct initial Worker Environmental Awareness Program (WEAP) training to all construction personnel, including supervisors, present at the outset of the Project construction work phase, for which the lead contractor and all subcontractors shall make their personnel available. This WEAP training will educate construction personnel on how to work with the archaeological/cultural Monitor(s) to identify and minimize impacts to archaeological and cultural resources and maintain environmental compliance and be performed periodically for new personnel coming on to the Project as needed. 45. CUL-3: The developer or contractor shall provide the Consultant and Monitor with a schedule of initial potential ground disturbing activities. A minimum of 48-hours' notice will be provided to the archaeological Consultant and/or Monitor of commencement of any initial ground disturbing activities that have potential to expose or encounter intact subsurface sediments underlying the Project site. These activities may include grading, trenching, and mass excavation. A. As detailed in the schedule provided, a monitor shall be present on -site at the commencement of ground -disturbing activities related to the Project. The Consultant shall observe initial ground disturbing activities and, as they proceed, adjust the monitoring approach as needed to provide adequate observation and oversight. All monitors will have stop -work authority to allow for the recordation and evaluation of finds during construction. The monitor will maintain a daily 13 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Caimax).docx-ins record of observations as an ongoing reference resource and to provide a resource for final reporting upon completion of the Project. B. The Consultant, the lead contractor, and subcontractors shall maintain a line of communication regarding schedule and activity such that the Consultant is aware of all ground -disturbing activities in advance in order to provide appropriate oversight. 46. CUL-4: If archaeological or cultural resources are discovered, construction shall be halted within 50 feet of any archaeological or cultural artifacts or features and within 100 feet of any potential human remains at the discretion of the Archaeologist, and shall not resume until the Qualified Archaeologist, in consultation with consulting Tribe(s) and the City, can determine the significance of the find and/or the find has been fully investigated, appropriately documented, and cleared. (See also TCR -1 through TCR-7.) 47. CUL-5: At the completion of all ground disturbing activities, the Consultant shall prepare a Cultural Resources Monitoring Report summarizing all monitoring efforts and observations, as performed, and any and all prehistoric or historic archaeological finds, as well as providing follow-up reports of any finds to the Eastern Information Center or SCCIC, as required. 48. GEO-1: Excavate Loose Soil and Replace with Engineered Fill The subsurface soils within the proposed building pads will be removed to a minimum depth of 4 feet below existing site grades, or 2 feet below bottom of proposed foundations, whichever is greater. Deeper removals may be required if loose soils are still encountered at a depth of 4 feet below ground surface. Grading for the proposed structures should incorporate the limits of the footings plus 3 feet beyond the outside edge of perimeter footings. The bottoms of excavations should be probed to determine if it is firm and unyielding. Localized deeper removals may be needed where soft soils are encountered at the excavation bottom. Compacted engineered fill should then be placed to design finish grade elevations. Subgrade soils beneath exterior slabs and pavements should be removed to a depth of 1 foot below the proposed pavement section, including bottom of proposed aggregate base materials. Compacted engineered fill should then be placed to design elevations. Exposed areas receiving fill, once properly cleared and benched where necessary, should be scarified to a minimum depth of 10 inches, moisture conditioned, and compacted per the compaction requirements of the Terracon 2022 Geotechnical Engineering Report in Appendix E. 49. GEO-2: Qualified Paleontologist. Prior to issuance of a grading permit, the Applicant shall be required to obtain the services of a Qualified Project Paleontologist to remain on call for the duration of the proposed ground -disturbing construction activity. Upon approval or request by the City, a paleontological mitigation plan (PMP) outlining procedures for paleontological data recovery shall be prepared for the Project and 14 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Carmax).docx-ms submitted to the City for review and approval. The development and implementation of the PMP shall include consultations with the City's Engineering Geologist as well as a requirement that the curation of all specimens recovered under any scenario shall be through an appropriate repository agreed upon by the City. If the City accepts ownership, the curation location may be revised. The PMP shall include developing a multilevel ranking system, or Potential Fossil Yield Classification (PFYC), as a tool to demonstrate the potential yield of fossils within a given stratigraphic unit. The PMP shall outline the monitoring and salvage protocols to address paleontological resources encountered during Project -related ground -disturbing activities, as well as the appropriate recording, collection, and processing protocols to appropriately address any resources discovered. 50. GEO-3: Paleontological Report. At the completion of all ground -disturbing activities, the Project Paleontologist shall prepare a final paleontological mitigation report summarizing all monitoring efforts and observations, as performed in line with the PMP, and all paleontological resources encountered, if any, as well as providing follow-up reports of any specific discovery, if necessary. 51. HAZ-1: Unanticipated Contamination Discovery Plan. An Unanticipated Contamination Discovery Plan (UCDP) will be developed prior to ground disturbing activities on the project site. Contractors will be trained on the requirements of the UCDP during pre - construction environmental training. The UCDP is intended to provide guidance to ensure worker and public safety as well as prevent the spread of further contamination if contaminated soils are encountered during construction of the Project. The UCDP will provide contact information for laboratories that will analyze the samples and solid waste facilities that will accept the contaminated soils. It will identify the procedures for: A. Notification and documentation requirements; B. Identification of the characteristics of the contaminated soil (e.g., sample methods, vertical and horizontal extent of contamination and chemicals of concern); C. Determining baseline at which work can be reinitiated in the area; and D. Handling and/or disposal requirements for any contaminated media unearthed. The UCDP shall be effective during all ground disturbing activities of the Project. 52. HAZ-2: Initial Response to Unanticipated Soil Contamination. During excavation, indicators of possible contamination include, but are not limited to: A. Stained or discolored earth, as contrasted to adjoining soil; B. Fill material containing debris unearthed during trenching or grading; C. Household trash covered by earth or other material that appears to be interspersed 15 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Carmax).docx-ms with industrial debris; D. ) Gasoline smells or other hydrocarbon odors that emanate when the earth is disturbed; or E. Oily residue intermixed with earth. F. Immediately following discovery of potentially hazardous waste or contaminants, the Contractor will: • Cease work in the vicinity of suspected contamination; • Cordon off or otherwise restrict access to the suspected area to protect workers and the public; • Notify the City and Project authorities; and • Implement the UCDP. 53. TCR-1: Tribal Monitoring Services Agreement. Prior to the issuance of the grading permits, the Applicant shall enter into a Tribal Monitoring Services Agreement with the Consul Ling Tribe(s). There shall be one monitor for the Gabrieleno Band of Mission Indians-Kizh Nall on, and one monitor for the other Consul Ong Tribes (Morongo Band of Mission Indians, Yuhaaviatam of San Manuel Na❑ on). The Tribal Monitors shall be on -site during all ground -disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind). The Tribal Monitor shall have the authority to temporarily divert, redirect, or halt the ground -disturbing activities within 60 feet of the inadvertent discovery to allow identification, evaluation, and potential recovery of tribal cultural resources. A copy of the executed monitoring agreement with each Consulting Tribe shall be submitted to the lead agency prior to the commencement of any ground -disturbing activity, or the issuance of any permit necessary to commence a ground -disturbing activity. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground -disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCR"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe. On -site tribal monitoring shall conclude upon the latter of the following: 16 I:\Resohrtions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Cannax).docx-ms 1. Written confirmation to the Consulting Tribe[s] from a designated point of contact for the project applicant/lead agency that all ground -disturbing activities and phases that may involve ground -disturbing activities on the project site or in connection with the project are complete; or 2. A determination and written notification by the Consulting Tribe[s] to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Consulting Tribe[s]TCRs. 54. TCR-2: Native American Monitor. Native American monitor(s) selected by the tribe should be present at the Project kickoff meeting, and shall be provided with a schedule of initial ground -disturbing activities, be on -site at the commencement of ground -disturbing activities related to the Project, and as the Project proceeds adjusting personnel and schedule as needed to provide sufficient oversight. The developer, lead contractor, and all subcontractors shall routinely update the Native American monitor(s) and their scheduling representative(s) regarding scheduling for ground -disturbing activities, and changes to said schedule, such that there is sufficient advance notice that a Native American monitor can be scheduled accordingly. 55. TCR-3: Worker Environmental Awareness Program (WEAP)/Pre-Grade Meeting. Prior to commencing construction activities and thus prior to any ground disturbance in the Proposed Project site, the Tribal Monitor(s)shall conduct initial WEAP training/pre-grade meeting for all construction personnel, including supervisors, present at the outset of the Project construction work phase, for which the lead contractor and all subcontractors shall make their personnel available. This WEAP training will educate construction personnel on how to work with the tribal monitor(s) to identify and minimize impacts to tribal cultural resources and maintain environmental compliance and be performed periodically for new personnel coming on to the Project as needed. The retained Consulting Tribe(s) representative(s) shall attend the WEAP meeting with the grading contractors to explain and coordinate the requirements of the monitoring plan. 56. TCR-4: Inadvertent Discovery of Human Remains. The Consulting Tribes request the following specific conditions to be imposed in order to protect any inadvertent discovery of Native American human remains and/or cremations. No photographs are to be taken except by the County Coroner, with written approval by the Consulting Tribe(s) if applicable. A. Should human remains and/or cremations be encountered on the surface or during any and all ground -disturbing activities (i.e., clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all water supply, electrical, and irrigation lines, and landscaping phases of any kind), work in the immediate vicinity of the discovery shall immediately stop within a 100-foot perimeter of the discovery. The area shall be protected; project personnel/observers will be restricted. The County Coroner is to be contacted within 24 hours of discovery. The County Coroner has 17 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Cannax).docx-ms 48 hours to make his/her determination pursuant to State and Safety Code §7050.5. and PRC § 5097.98. B. In the event that the human remains and/or cremations are identified as Native American, the Coroner shall notify the NAHC within 24 hours of determination pursuant to subdivision (c) of HSC §7050.5. C. The NAHC shall immediately notify the person or persons it believes to be the MLD. The MLD has 48 hours, upon being granted access to the Project site, to inspect the site of discovery and make his/her recommendation for final treatment and disposition, with appropriate dignity, of the remains and all associated grave goods pursuant to PRC §5097.98. D. If any of the Consulting Tribes has been named the MLD, the Tribe may wish to rebury the human remains and/or cremation and sacred items in their place of discovery with no further disturbance where they will reside in perpetuity. The place(s) of reburial will not be disclosed by any party and is exempt from the California Public Records Act (California Government Code § 6254[r]). Reburial location of human remains and/or cremations will be determined by the Tribe's MLD, the landowner, and the City Planning Department. 57. TCR-5: Pre -Grade Meeting. A Native American monitor(s) selected by the tribe should be present at the Project kickoff meeting, be provided with a schedule of initial ground - disturbing activities and be on -site at the commencement of ground -disturbing activities related to the Project, and as the Project proceeds adjusting personnel and schedule as needed to provide sufficient oversight. The Consultant, lead contractor, and all subcontractors shall routinely update the Native American monitor and their scheduling representative(s) regarding scheduling for ground -disturbing activities, and changes to said schedule, such that there is sufficient advance notice that a Native American monitor can be scheduled accordingly. 58. TCR-6: Inadvertent Discovery of Tribal Cultural Resources and Treatment. In the event that previously unidentified cultural resources are unearthed during construction, the Qualified Archaeologist and the Tribal Monitor shall have the authority to temporarily divert and/or temporarily halt ground -disturbance operations in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non -significant deposits shall be minimally documented in the field and collected so the monitored grading can proceed. If a potentially significant cultural resource(s) is discovered, work shall stop within a 60- foot perimeter of the discovery and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. All work shall be diverted away from the vicinity of the find, so that the find can be evaluated by the Qualified Archaeologist and Tribal Monitor[s]. The Archaeologist shall notify the Lead Agency and consulting Tribe[s] of said discovery. The Qualified Archaeologist, in consultation with the Lead Agency, the consulting Tribe[s], and the Tribal Monitor, shall determine the significance of the 18 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Carmax).docx-ins discovered resource. A recommendation for the treatment and disposition of the Tribal Cultural Resource shall be made by the Qualified Archaeologist in consultation with the Tribe[s] and the Tribal Monitor[s] and be submitted to the Lead Agency for review and approval. Below are the possible treatments and dispositions of significant cultural resources in order of CEQA preference: A. Full avoidance. B. If avoidance is not feasible, Preservation in place. C. If Preservation in place is not feasible, all items shall be reburied in an area away from any future impacts and reside in a permanent conservation easement or Deed Restriction. D. If all other options are proven to be infeasible, data recovery. 59. TCR-7: Final Report. The final report(s) created as a part of the project (AMTP, isolate records, site records, survey reports, testing reports, etc.) shall be submitted to the Lead Agency and Consulting Tribe(s) for review and comment, to the extent permitted by law. After approval of all parties, the final reports are to be submitted to the local repository (Eastern Information Center or SCCIC), as well as providing follow-up reports of any finds to the Eastern Information Center or SCCIC, as required, and the Consulting Tribe(s) if authorized by law. Building & Safety Division 60. When the Entitlement Review is approved, submit complete construction drawings including structural calculations, soils report, and energy calculations to Building and Safety for plan review in accordance with the current edition of the California Building and Fire Codes including all local ordinances and standards which are effective at the time of Plan Check Submittal. 61. Disabled access for the site and buildings must be in accordance with the State of California and ADA regulations. 62. Accessible EVC parking spaces for future and required EVCS as per the California Green Code is required. 63. The Underground Storage Tank (UST) requires a City of Redlands building permit, fire operational permit, and permits through San Bernardino County (CUPA — Certified Unified Program Agency). Fire Department 64. Fire Department Access & Water Supply (Fire Master Plan) A. Fire Department Access & Water Supply plan is required to be formally submitted to Redlands Fire Department as a separate permit application prior grading & building permits. 19 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Carmax).docx-ms Review Note: Preliminary Site Fire Master included in project packet accounts for major aspects of the Fire Department Access & Water Supply plan. Details and specifics to be reviewed in the separate permit identified above. 65. Two Points of Connection for On -Site Fire Protection Water Supply A. Acknowledging the inherent high fire fuel load associated with the proposed amount of vehicles present, this project is required to provide a looped design for the on -site fore protection water supply with two points of connection to the public water mains. 66. Fuels Management and Weed Abatement A. From the present time until project construction phase, property owner is responsible to maintain compliance with Redlands Municipal Code Chapter 8.40 regarding Weed Abatement and Fuels Management. B. Weeds and annual grasses shall be maintained at 4 inches of growth or less. C. Tumbleweeds and similar uncultivated vegetation shall be removed. Other City Departments/Divisions: 67. Conditions of Approval from the following City Departments/Divisions are applicable to the project, and are hereby incorporated by reference: A. Land Use Engineering Division (Exhibit B) Brian Desatnik Development Services Director 20 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Catinax).docx-ms EXHIBIT B LAND USE ENGINEERING DIVISION CONDITIONS OF APPROVAL [ Attached ] 21 I:\Resolutions\Res 8600-8699\8617 Approving CUP No. 1179 and CRA No. 962 (Cannax).docx-ins REDLANDS DEVELOPMENT SERVICES DEPARTMENT LAND USE ENGINEERING DEVELOPMENT REQUIREMENTS CONDITIONAL USE PERMIT NO.1.179 AND COMMISSION REVIEW AND APPROVAL NO. 962 Date of F.C. Meeting: Applicant: Location: Project Description: June 11, 2024 CarMax Auto Superstores, Inc. West Side of New York Street at West Brockton Avenue. Construct a Pre -Owned Automobile Sales Facilities and Service/Reconditioning Facility on an Approximately 18.5 Acre Site The applicant shall comply with the following engineering requirements to allow for the orderly development of the surrounding area and for public health and safety. All requirements for development shall be consistent with requirements set forth in the East Valley Corridor Specific Plan; applicable sections of Redlands Municipal Code; latest edition of "Redlands Standard Specifications and Detail Drawings for Design and Construction of Public Improvements"; latest edition of American Public Works Association "Standard Plans for Public Works" and "Standard Specifications for Public Works Construction — Greenbook"; latest edition of "Redlands Water Systems Standard Specifications"; latest edition of "Redlands Sanitary Sewer Systems Standard Specifications"; and current Red `ands policies and guidelines relative to development projects. A. The following items are required prior to issuance of the GRADING PERMIT. 1. Pay plan check fee as established per resolution. The amount will be determined at plan check submittal. 2. Plans required to be submitted include: a. Precise Grading Plan. Grading plans shall be coordinated with the existing and proposed off -site improvements. (RMC 15.04) b. SWPPP/Erosion Control Plan, Erosion/Sediment Control Plan shall be submitted for review and approval. A copy of the project's Storm Water Pollution Prevention Plan (SWPPP) shall be submitted for review. SWPPP Best Management Practices (BMPs) to prevent and control discharges to the municipal separate storm sewer (drain) system shall be in effect for the entire duration of project construction to its completion and acceptance by the City. (RMC 13.54) c. Water Quality Management Plan. Submit final Water Quality Management Plan (WQMP) for review and approval. WQMP shall consist of post construction Best Management Practices (BMPs) prepared in accordance with the requirements and guidelines of the San Bernardino County Stormwater Program. The requirements of the WQMP shall remain in effect throughout the life of the project. (California State Order No. R8-2010-0036) CUP No. 1179 and CRA No. 968 June 11, 2024 Page 2 All plans used as reference for design shall be listed on title sheet of all plans with reference numbers. All plans shall be submitted on 24" x 36" size sheets. Six (6) copies of each are required. After final review, grading and SWPPP plans shall be submitted on 24" x 36" size, min. 4 mil, mylar sheets for City's approval. 3. Submission of plan sets shall be complete and include all required engineering designs and drawings listed in No. 2 above, All plans submitted shall be substantially complete, and no plan check queue place -holder plans will be accepted. An incomplete plan submittal will not be accepted for plan cheek. 4. All support documentation shall be submitted with the plans to be checked. Submission shall include: a. Hydrology Report and Hydrologic Calculations; (RMC 18.192.050) b. Geotechnical Report; (RMC 15.04) c. Easement Documents. (RMC 18.192.050) 5. The post -construction stormwater discharge rate (Q) from a 100 year storm event shall not be greater than the pre -construction stormwater discharge rate (Q). 6. A final WQMP that is in substantial conformance with the preliminary WQMP and in full conformance with the WQMP Guidance Document shall be submitted and approved prior to the approval of precise grading plans. 7. Cash cleanup deposit shall be submitted ($1,000.00). Deposit will be reimbursed after the work is completed and accepted by the City upon written request. (RMC 12.16.290) 8. Truck route permit is required for all construction vehicles 5 tons and over gross vehicular weight (e.g. concrete trucks) using streets other than established truck routes. (RMC 10.54) NOTE: Cash cleanup deposit and truck route permit submitted during the grading process could be transferred to be used during building construction or off -site improvement construction if it is within the time limit specified in the truck route permit, otherwise a new truck route permit must be issued, 9. For all development requiring coverage under the state of California General Storm Water Permit, in effect at the time of permit issuance, and whom have filed with the State Board a Notice of Intent (NOI), a copy of the Waste Discharge Identification Number (WDID) and NOI shall be submitted for review and file. Ca11 (866) 563- 3107. (RMC 13.54) 10. The Final WQMP shall also include a site trash plan detailing the installation, operation, and maintenance of a Full Capture System (FCS) for loose trash. The intent of the FCS is to capture loose trash preventing the trash from entering the site storm drains and basins. BMPs or devices used as FCS devices shall require acceptance by the City Engineer. Full Capture Systems are defined as treatment CUP No. 1179 and CRA No. 968 hire 11, 2024 Page 3 controls (either a single device or a series of devices) capable of trapping all particles 5 mm or greater. In addition, the FCS shall trap trash from the greater of: a. A flow not less than the peak flow rate, Q, resulting from a one-year, one - hour, storm. Precipitation intensity shall be determined using the NOAA ATLAS 14 Point Precipitation Frequency Estimates web site; or b. A flow rate equal to the on -site storm water conveyance system including pipes, channels, and swales. B. The following items are required prior to RECORDATION OF TRACT/PARCEL MAP. No map is required for this application. C. The following items are required prior to issuance of the BUILDING PERMIT. 1. Pay plan check fee as established per resolution. The amount is to be determined at plan check submittal. 2. Plans required to be submitted shall include: a. Precise Grading All plans used as reference for design shall be listed on title sheet of all plans with reference numbers. All plans shall be submitted on 24" x 36" size sheets. Three (3) copies of each are required. After final review, plans shall be submitted on 24" x 36" size, min. 4 mil, mylar sheets for City's approval. 3. Submission of plan sets shall be complete and include all required engineering designs and drawings listed in No. 2 above. All plans submitted shall be substantially complete, and no plan check queue place -holder plans will be accepted. An incomplete plan submittal will not be accepted for plan check. Finalize and obtain all necessary onsite and offsite permissions, permits, easements, right-of-way, and properties in order to satisfy the conditions of approval for this project. Such items shall include: a. Encroachment Permits from Caltrans. 5. All off -site improvements shall be designed by owner's Civil Engineer in accordance with City Standard Specifications and Detail Drawings and Standard Specifications for Public Works Construction (Green Book) latest revision thereof. All existing utilities shall be pot -holed to determine the actual depth if no signed plan is available. Field notes will be submitted at time of submitting the plan for review and plan checking. 6. The approximate locations of existing underground utilities shall be shown on the improvement/site/grading plans. The utilities shall be plotted from record and field 1� CUP No. 1179 and CRA No. 968 June 11, 2024 Page 4 data. The City of Redlands and the Engineer assume no liability as to the exact location of said lines where locations are not shown. 7. Provide pad certification and compaction report to the Building and Safety Department. 8. Pay the required development impact fees per ordinance in effect at time of issuing the building permit. The exact amount will be determined based upon the review of the final building plan or project information. Development hnpact Fees shall include: • Transportation Facilities; (RMC 3.54) Fire Facilities; (RMC 3.60) General Govermnent Facilities; (RMC 3.60) Police Facilities; (RMC 3.60) • Storm Drain Facilities; (RMC 3.56) • Water Capital Improvement Charge; (RMC 3,48) • Recycled Water Capital Improvement Charge; (RMC 3.53) • Water Source Acquisition Charge; (RMC 13.40) • Sewer Capital Improvement Charge; (RMC 3.44) • Solid Waste Capital Improvement Charge; (RMC 3.70) and • Water/Recycled Water/Sewer Frontage Charges. (RMC 13.44 and 13.12.) 9. Final City approved mylars for all public improvements shall be on file with the Municipal Utilities and Engineering Department. 10, Although this project will have an on -going inspection throughout construction, a final inspection for all off -site improvements must be scheduled by developer to certify that these improvements comply with City specifications. (RMC 12.16.090) 11. Requirements for New York Street (RMC 18.192.050): a. Dedicate to provide for a 32 foot half street right-of-way width; b. Repair/replace altered, broken or substandard existing off -site improvements to the project boundary. No altered, broken or substandard existing improvements observed at this time; c. Provide full depth construction/reconstruction consistent with the City standard or alternative method of street rehabilitation as accepted by the City Engineer between the curb and gutter to the street centerline verified through a geoteehnical report; d. Construct underwalk drain, if necessary; e. Use traffic index of 8,0; and f. Install commercial fire hydrants as required by the Redlands Fire Department. CUP No. 1179 and CRA No. 968 June 11, 2024 Page 5 12. Provide for adequate drainage facilities. The applicant shall provide and submit all necessary hydrology/hydraulic studies and calculations in accordance with the San Bernardino County Hydrology Manual. (RMC 192.050) 13. Install reduced pressure principle backflow devices as required by City Engineer. (RMC 13.20) 14. Install onsite fire line with double detector cheek valve backflow devices at service connection satisfactory to the City Fire Department. (RMC 13.20) 15. Comply with the Solid Waste Recycling Access Act of 1991 (AB 1327) and install double solid waste bin enclosure(s). Submit a plan prepared by a licensed engineer showing bin enclosure(s) location on the site plan with solid waste truck turning and/or turnaround track template superimposed. 16. Submit recycling plans for site demolition/construction for review and approval in accordance with Chapter 13.66 of the Redlands Municipal Code. 17. Dedication documents shall be prepared by a licensed Land Surveyor or registered Civil Engineer (registered prior to January 1982) and must be submitted for review and approval before recordation, (California B&P Code 8761 and CCR 4411) D. The following items are required prior to approval of APPLICATION FOR WATER SERVICE CONNECTION and prior to WATER METER INSTALLATION. 1. Pay the Water Capital Improvement Charge; (RMC 3.48.030) 2. Pay the Water Source Acquisition Charge; (RMC 13.40) 3. Submission of approved onsite potable and irrigations plans (pdf format) is required prior to connection to recycled water system. All onsite improvements shall be done in accordance with the Water Resources Control Board, Division of Drinking Water requirements for recycled water. City shall submit plans to Division of Drinking Water for approval prior to final approval and installation of irrigation meters. 4. Pay the Recycled Water Capital Improvement Charge; (RMC 3.53,050) 5. Pay the Water/Recycled Frontage Charges. (RMC 13.12.) 6. Pay the Water Meter Charge. (Redlands Ordinance No, 2830) E. The following items are required prior to issuance of the ENCROACHMENT PERMIT. 1. Cash cleanup deposit shall be submitted ($1,000.00). Deposit will be reimbursed after the. work is completed and accepted by the City upon written request, (Required unless previously submitted under Sections A, B or C.) (RMC 12.16.290) CUP No. 1179 and CRA No. 968 June 11, 2024 Page 6 2. Truck route permit is required for all construction vehicles 5 tons and over gross vehicular weight (e.g. concrete trucks) using streets other than established truck routes. (RMC 10.54) 3. Section 4216/4217 of the Government Code requires a Dig Alert identification Number be issued before a "Permit to Excavate" will be valid. For your Dig Alert Identification Number, call Underground Service Alert toll free, 1-800-227-2600, two (2) working days prior to conducting any excavation. (RMC 12,20.120) 4. Encroachment Permit application and two (2) sets of City approved plans must be submitted for all off -site improvements. Encroachment Permit fees shall be paid prior to issuance of Encroachment Permit. (RMC 12.16.010) 5. A California OSHA Permit Number for all work that is 5 feet deep or deeper shall be provided. Call (909)383-4321. (RMC 12.1.6.040) 6. A copy of soils report is required with recommendation for the final pavement structural section to be submitted prior to placing of the street pavement. The report shall include test results and boring/sampling locations. 7. A traffic control plan shall be prepared in accordance with the latest revision of CA MUTCD or W.A.T.C,H. manual, submitted and accepted by the City Engineer prior to issuance of an encroachment permit. The plan shall show all required construction signage, warning devices, road closures, detours, delineation, phasing schedules and anticipated durations of closures and detours for any work within the public right-of-way. The plans shall provide names and 24-hour phone numbers of individuals who can be contacted regarding traffic control measures. F. The following items are required prior to issuance of CERTIFICATE OF OCCUPANCY. All requirements as described in Sections A, B, C, D and E of these conditions of approval shall be met. 2. All work shall be completed to the satisfaction of the City Engineer. All as -built plans shall be delivered to the Municipal Utilities and Engineering De2artruent for review and approval, 3. The Engineer of Record shall file a Final Certification for all grading and improvements relating to the project development. 4. Owner's Licensed Land Surveyor shall reset survey points, monuments, record corners, and centerline ties that were destroyed during construction and shall file Corner Records for those points prior to completion of the project with San Bernardino County Surveyor. Copies of information shall be furnished to the CUP No. 1179 and CRA No. 968 June 11., 2024 Page 7 Municipal Utilities and Engineering Department. [California B&P Code 8762, 8767, 8768, 8771, and 8773(b) 5. Streets may be required to have a seal coat applied at the option of the City Engineer. Type of seal coat is to be determined by the City Engineer. 6. Resurface existing roadway as directed by the City Engineer due to utility installations and construction damage. 7. Existing striping shall be removed and replaced as necessary. New striping and pavement markings shall be installed as required by the City Engineer. 8. Owner/Developer shall provide recycling receipts as required by the recycling plan. G. The following items are required prior to release of SECURITIES/WARRANTIES/DEPOSITS. 1. Prior to the release of the securities for the project, all improvements shall be reviewed and accepted by the City Engineer. 2. Tie sheets shall be submitted for all monuments found and/or set in the public right- of-way. 3. The release of securities/warranties/deposits must be requested in writing to the City Engineer. Allow 30 days for processing. �C u �'O Stop Penn't DONALD Center , .E., P.M.P. One Manager nit FILE: CUP 1179 &, CRA 968