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ORIGINAL
Cll.;:Y OF SANBE~ARDINO-REQUEST FOR COUNCIL ACTION
From:
Dept:
James G. Funk, Director
Development Services
Subject: Appeal of Planning Commission approval of
Conditional Use Permit No. 04-14 to construct a
4,207 square foot office/sales structure, and a
16,837 square foot inventory lot, to be used in
conjunction with Fairview Ford. The project site
is located on the north side of 2nd Street
approximately 186 feet west of "G" Street in the
CR-1, Commercial Regional land use district.
Date:
March 15,2005
MCC Date: April 4, 2005
Synopsis of Previous Council Action:
None
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold
the Planning Commission approval of Conditional Use Permit No. 04-14 based upon the Findings
of Fact contained in the Planning Commission Staff Report, subject to the Conditions of Approval
as amended, and Standard Requirements.
Utlfuvc, ~~JF
J sG.Funk
Contact person: Ben Steckler. Associate Planner
Phone: 384-5057
Supporting data attached: StaffReoort
Ward(s): 1
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:_
Council Notes:
Agenda Item No. ~.;L
lfllJ/O(
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Appeal of the Planning Commission Approval of Conditional Use Permit
No. 04-14
Appellant:
Mr. & Mrs. Powell
222 N. "G" Street, Suite 1
San Bernardino, CA 92410
909-793-0770
CUP Applicant:
Tom Skalla
Fairview Ford
292 N. "G" Street
San Bernardino, CA 92410
909-884-9261
BACKGROUND:
John & Kathleen Powell are appealing the Planning Commission's approval of Conditional Use
Permit (CUP) No. 04-14. CUP No. 04-14 is a request to construct a 4,207 square foot
office/sales structure, and a 16,837 square foot inventory lot, to be used in conjunction with
Fairview Ford. The project site is located on the north side of 2nd Street approximately 186 feet
west of "0" Street in the CR-I, Commercial Regional land use district (Exhibit 1).
At their meeting of February 8, 2005, the Planning Commission voted 4 to I to 1 to approve CUP
No. 04- I 4. The Planning Commission added a Condition of Approval that the
management/owners ofFairview Ford shall notify their employees not to park in the parking on
the northern and eastern portions ofthe site in response to requests from Mr. & Mrs. Powell.
The Conditions of Approval also contain a condition that the twelve parking spaces existing
along the eastern portion of the site shall be maintained rather than being converted to
landscaping as proposed on plans. Commissioners Coute, Durr, Heasley, and Sauerbrun voted
voted in favor ofthe CUP, while Commissioner Morris voted against it, Commissioner Brown
abstained and Commissioner Enciso was absent.
On February 22,2005, Planning staff received an appeal application (Appeal No. 05-06). The
appellants' grounds for the appeal are that Fairview Ford is decreasing the amount of parking
available by ahnost half, which they claim affects the Reciprocal Parking Agreement (document
number 1997012133356) in existence between the two properties since April 7,1997. Their
claim here is irrelevant because the Reciprocal Parking Agreement only addresses the fact that
the Fairview Ford property has to maintain 12 stalls for the use of the appellant's property. It
does not give them the right to use all 58 stalls.
The Reciprocal Parking Agreement (Exhibit 4) has been reviewed by Planning Staff, as well as
the City Attorney's office and the decision of the Planning Commission is consistent with the
provisions ofthe agreement. The Reciprocal Parking Agreement states in paragraph number 5
that the property owned by Fairview Ford shall provide 12 parking stalls for use by the property
used by Mr. & Mrs. Powell. The agreement does not specify which 12 stalls shall be reserved for
their use, rather simply requires that twelve stalls be maintained for use by the property the
Powell's business is located.
The appellants are asking that the Mayor and Common Council amend the decision of the
Planning Commission to include that Fairview Ford cannot use the existing 12 stalls on the east
side of the site at all (employees, customers, etc.), and cannot use any of the stalls located at 222
N. Grand Avenue. They also request that staff verify that the easement rights of the property are
not being violated.
However, the Conditions of Approval for the project (previously accepted by Fairview Ford)
require that Fairview Ford instruct its employees not to park in those twelve stalls (COA No. 26).
Staff believes that it is unreasonable to preclude use of the 12 stalls in question for customer
parking. Municipal Codes are already in place that require Fairview Ford to load/unload on their
own site, and the Reciprocal Parking Agreement does not grant any rights, so Fairview is already
limited to loading/unloading on their site only. Staff believes that no modifications are required.
FINANCIAL IMPACT
None. The appellants submitted appeal fees.
RECOMMENDATION
Staff recommends that the Mayor and Common Council close the public hearing, deny the appeal
and uphold the Planning Commission's approval of Conditional Use Permit No. 04-14 based on the
Findings of Fact contained in the Planning Commission Staff Report, subject to the Conditions of
Approval as amended, and Standard Requirements.
EXHIBITS:
1 Location Map
2 Planning Commission Staff Report Dated January 18, 2005
3 Application for Appeal No. 05-06
4 Reciprocal Parking and Access Agreement (as copied from plans)
5 Letter from Fairview Ford dated March 14,2005
OFFICE OF TIlE CITY CLERK
RAcHEL G. CLARK, CM.C. - CITY CLERK
300 North "DO. Street. San Bernardino' CA92418-000l
909.384.5002. Fax: 909.384.5158
www.cLsan-bernardino.ca.us
~
April 6, 2005
Mr. and Mrs. Powell
222 N. "G" Street, Suite 1
San Bernardino, CA 92410
Dear Mr. and Mrs. Powell:
At the meeting of the Mayor and Common Council held on April 4, 2005, the following action
was taken relative to the Appeal of the Planning Commission's approval of Conditional Use
Permit No. 04-14, to construct a 4,207 square foot office/sales structure and a 16,837 square
foot inventory lot on the north side of 2"" Street approximately 186 feet west of "G" Street in the
CR-1, Commercial Regional, land use district, to be used in conjunction with Fairview Ford.
The hearing was closed; and the Mayor and Common Council denied the appeal
and upheld the Planning Commission's approval of Conditional Use Permit No.
04-14, based upon the Findings of Fact contained in the Planning Commission
staff report, subject to the Conditions of Approval and Standard Requirements.
If we can be of further assistance, please do not hesitate to contact the City Clerk's office.
Sincerely,
-j
j\:'....t-~-L /J eta t. k_
Rachel G. Clark, CMC
City Clerk
RGC:lls
cc: Development Services
Tom Skalla, Fairview Ford, 292 N. "G" Street, San Bernardino, CA 92410
3~
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Di.
EXHIBIT 1
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP 04-14
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 1/18/05
Lt
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ExmBIT 2
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No. 04-14
4
January 18, 2005
1
OWNER! APPLICANT:
Tom Skalla
Fairview Ford
292 N. "G" Street
San Bernardino, CA 92410
909-884-9261
REQUEST/LOCA TION:
A request for approval of a Conditional Use Permit to construct a 4,207 square foot
office/ sales structure, a 16,837 square foot sales inventory lot, and a 2,383 square foot
rental inventory lot to be used in conjunction with Fairview Ford. The project site is
located on the north side of 2nd Street approximately 186 feet west of "G" Street in the
CR-l, Commercial Regional land use district.
CONSTRAINTS/OVERLAYS:
None.
ENVIRONMENTAL FINDINGS:
o Not Applicable
~ Exempt, Section 15332, In~Fill Development
o No Significant Effects
o Previous Environmental Impact Report
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
ST AFF RECOMMENDATION:
~ Approval
~ Conditions
o Denial .
o Continuance to:
.
ConditionalLJse Permit 1'\0. ().l-l4
Hearing Date 01/18/05
Page 2
REQUEST AND PROJECT DESCRIPTION
The applicant requests approval of Conditional Use Permit No. 04-14 under the
authority of Development Code 919.36.050 and 919.06.020 Table 06.01 (B)(4) to
construct a 4,20i square foot office/ sales structure, a 16,837 square foot sales inventory
lot. and a 2,383 square foot rental inventory lot to be used in conjunction with Fairview
Ford. The project is located on the north side of 2nd Street approximately 186 feet west
of "G" Street in the CR-1, Commercial Regional land use district (Attachment A).
The proposed hours of operation for the auto sales/rental facility will be between 8:00
AM - 9:00 PM seven days per week. See Attachment B for a site plan.
SETTING/SITE CHARACTERISTICS
The site is basically rectangular in shape consisting of approximately 72,380 square feet
(1.66 acres). The project area consists of approximately 41,480 square feet (formerly a
Denny's restaurant), while approximately 30,900 square feet was previously developed
and is proposed to remain as is (Del Taco restaurant). This site will operate in
conjunction with Fairview Ford, which is adjacent to the northwest. To the immediate
north the project site is abutted by a California Bank and Trust also in the CR-l,
Commercial Regional land use district. To the east is a mixture of retail commercial
uses and a gas station in the CR-1, Commercial Regional land use district.
The site has an existing reciprocal parking agreement (included in plans on sheet A-2)
with the property abutting to the northeast. The parking agreement requires that the
property owner maintain 12 parking stalls (above and beyond the required parking for
the on-site use). The proposal includes the 12 stalls in the calculations for required
parking on sheet A-1.2, and provides enough parking for the on-site uses as_well as the
twelve additional stalls.
BACKGROUND
The Development/Environmental Review Committee (D/ERe) first reviewed the
project on August 12, 2004 when the applicant was provided with initial comments and
corrections. The project was continued from the August 12, 2004 meeting to the
September 2, 2004 meeting, however the applicant had not completed all of the
corrections sathe project was continued indefinitely. The project returned to the
D/ERC on December 2, 2004 and was moved to Planning Commission. The plans still
do not meet! address all of staif s comments, but staff has addressed the issues through
the Conditions of Approval.
Conditional Use Permit No. (}.l-H
Hearing Date 01/18/05
Page 3
CALIFORNIA ENVIRONMENTAL QUALITY ACT ICEQAI STATUS
The project has been reviewed under the requirements of the California Environmental
Quality Act and has been found to be Categorically Exempt under Section 15332. as an
in-fill development.
FINDINGS AND ANALYSIS FOR CONDITIONAL USE PERMIT:
1. Is tile proposed use one which may be conditionally permitted within, and would
not impair the integrity and character of the subject land use district, which is
also in compliance with all of tile applicable provisions of the Development Code,
including prescribed dellelopment/site standards and any/all applicable design
guidelines?
Yes, the proposed use is one that may be conditionally permitted within, which
would not impair the integrity and character of the subject land use district. It is
also in compliance with the applicable provisions of the Development Code,
except the proposed landscaping which will be required to meet Development
Code requirements through the Conditions of Approval, see Table A.
TABLE" A" -DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
i
: CATEGORY
i
,
DEVELOPMENT
CODE
I GENERAL PLAN
!
I Permitted Use
I Height
i Setbacks
i-Front
i-Side (street)
I - Side (interior)
! - Rear
I
i Landscaping
i Permitted subject to
I Conditional Use Permit
4 stories or 52 feet
Consistent
.
N/A
o feet
o feet
o feet
o feet
i 10.857 square feet
(15%)
N/A
,
: :-l/A
l -
,
,
I Lot Coverage
! Parking
! - Standard
, - Handicap
I 9.6 percent
;
I 61 sp~ces
I 58 '
: 3
,
75 percent
61 spaces
58
3
I
N/A
N/A
'The landscaping will be brought into compliance with lbe Devdopment Code as per the COA.
Conditional Use Permit No. 04-14
Hearing Dale 01/18/05
Page 4
? I;. the propo;.ed u;.e cOIl;.i;.tellt with the Gelleral Plall?
Yes, the proposed use is consistent with General Plan Goal1A.
"It shall be the goal of the City of San Bernardino to: Provide for the continuation
and development of sufficient land uses to serve the housing, commercial.
educational. cultural. recreational. and social needs of the existing residents and
population growth."
The approval of this conditional use permit would allow for the development of
an automotive sales facility to serve the needs of both the local residents as well
as regional visitors.
3. I;. tile approl'al of the COllditiollal Use Permit for the proposed use ill compliallce
with the requiremellts of the Califomia EIll'irollmelltal Quality Act (CEQA) alld
SectioIl19.20.030(6) of the Developmellt Code?
Yes, the approval of the conditional use permit is in compliance with the
requirements of both CEQA and Development Code Section 19.20.030(6) in as
much as the proposed project is categorically exempt from the requirements of
CEQA as stated in the staff report.
4. . Are there allY potentially sigllificant Ilegative impacts UPOIl enl'ironmelltal
quality alld Ilatural resources that could not be properly mitigated and
monitored?
No, Planning staff conducted a preliminary review of the project (pursuant to
CEQA guidelines), and has found that the project has no potentially significant
impacts and is categorically exempt from further review.
5. Will the location, size, shape, design, alld operating clzaracteristics of the proposed
use be compatible with existing alld future land uses within the general area,and
will the project not create sign(ficant noise. traffic or other conditiolls or
;.ituatioll;' tllat may be objectionable or detrimental to the public illterest. health.
safety. conpenience, or welfare of the City?
Yes, the proposed project is located in an existing CR-l, Commercial Regional
land use district, which is intended to serve the needs of the region. The
proposal will operate in a manner consistent with the regulations of the CR-1
land use district. The proposed project will be a complementary land use to the
surrounding commerCial area.
Conditional Use Permit No. 0~-1~
Hearing Date 01/18/05
Page 5
Access
Vehicular access to the project site will be via two existing driveways (both on
2nd Street).
Parkin~
. Development Code Section 19.24.040 requires the site to provide 61 parking
stalls, and the proposal meets that requirement. Required parking is based upon
Development Code Section 19.24.040, the "Vehicle Sales" heading. The
calculations include the square footage of structure, as well as the combined area
of the sales inventory and rental inventory lots.
Landscaping
The proposed landscaping of 14 % does not meet Development Code
requirements of 15%. However the project will provide a minimum of 15% as
per Development Code regulations, which is being required through the
Conditions of Approval. The applicant has proposed to remove four existing
parking stalls from the east side of the site (these are the spaces being used by the
adjacent property), however staff believes that the front landscaping setback and
the westerly landscaping island should be increased. This would maintain the 12
shared stalls, but more importantly, rlace landscaping where it is more visible,
thereby improving the overall aesthetics.
6. Is tile subject site pllysically suitable for tile densitylintensih) of use being
proposed?
Yes, the site is physically suitable for the type and density/intensity of the
project being proposed as evidenced by project compliance with all applicable
Development Code Standards for lot coverage, height limitation, setbacks,
landscaping and parking requirements as discussed in Finding No.1 above and
illustrated in Table" A".
i. Will tllere be adequate prol'ision;; for puNic access, water, sanitation, and public
IItilities and sen'ice;; to ensllre tllat tile proposed use Will/lOt be detrimental to tile
public Ilealtll and safety?
Yes, all agencies responsible for reviewing access, and providing water,
sanitation and other public services have had the opportunity to review the
proposed project, and all have indicated an ability to serve the project. The
proposal will not be detrimental to the public health and safety in that all
applicable Codes will apply to the construction and operation of this project.
Conditional Use Permit No.lJ.l-14
Hearing Date 01/18/05
Page 6
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Conditional Use
Permit requested.
RECOMMENDATION
Staff recommends the Planning Commission approve Conditional Use Permit No. 04-14 based
upon the Findings of Fact contained in this Staff Repon and subject to the Conditions of
Approval (Attachment C) and Standard Requirements (Attachment D).
Respectfully Submitted,
,
Jr~~'~ fw J--r
Director, Development Services
~\~~
Ben Steckler
Associate Planner
-"
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Location Map
Site Plan/Photos of Existing Structures
'Conditions of Approval
Standard Requirements
Example sheet for meeting Conditions of Approval.
ATTACHMENT A
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
PROJECT: CUP 04-14
u
HEARING DATE: 1/18/05
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Conditional Use Permit /'1;0. 0-1-14
Hearing Date 01/ 18/05
Page 9
ATTACHMENT C
CONDITIONS OF APPROVAL
CUP No. 04-14
Fairview Ford - New Lot
1. This Conditional Use Permit is a request to construct a 4,207 square foot office/ sales
structure, a 16,837 square foot sales inventory lot, and a 2,383 square foot rental
inventory lot to be used in conjunction with Fairview Ford. The proposed
dealership shall operate between the hours of 8:00 AM and 9:00 PM seven days a
week.
2. Within two years of development 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
Conditional Use 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 and Standard
Requirements:
~"
Expiration Date: January 18, 2007
3. The review authority may grant a one-time extension, for good cause, not to exceed
12 months. The applicant must file an application, the processing fees, and all
required submittal items, 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.
4. In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim, action or proceeding and will cooperate fully in the defense
of this matter. Once notified, the applicant agrees to defend, indemnify and hold
harmless the City of San Bernardino (City), the Economic Development Agency of
the City of San Bernardino (EDA), any departments, agencies, divisions, boards or
commission of either the City or EDA as well as predecessors, successors, assigns,
agents, directors, elected officials, officers, employees, representatives and attorneys
of either the City or EDA. from any claim, action or proceeding against any of the
foregoing persons or entities. The applicant further agrees to reimburse the City of
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.
Conditionalllse Permit No, 04-14
Hearing Date 01/18/05
Page 10
The costs, salaries, and expenses of the City Attorney and employees of his office
shall be considered as "attorneys fees" for the purpose of this condition.
As part of the consideration for issuing this permit, this condition shall remain in
effect if this Conditional Use Permit is rescinded or revoked, whether or not at the
request of applicant.
5. The approval is subject to all the applicable provisions of the Development Code in
effect at the time of approval. This includes Chapter 19.20 - Property Development
Standards, and includes: dust and dirt control during construction and grading
activities (as applicable); emission control of fumes, vapors, gas and other forms of
air pollution; glare control; exterior lighting design and control; noise control; odor
control; screening; signs; off-street parking and off-street loading; and vibration
control.
6. Signs are not approved as a 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 Department, as well as obtain any
Building Permits associated with the signage.
7. Signs/banners may not be placed on or Qy_er the roof or within landscaped areas.
Banners and other signs for special events (Le., grand opening) will require a
Temporary Sign Permit to be approved by tne Planning Division prior to
installation/ hanging
8. If the color of any of the buildings, walls or fences or other exterior finish material is to
be modified, the revised color scheme and/ or finish materials shall be reviewed and
approved by the Planning Division and permitted by the Building and Safety Division
prior to commencement of work. ,-
9. Submittal requirements for permit applications (building, site improvements,
landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall
include all Conditions of Approval and Standard'Requirements issued with the
Planning approval.
10. If pay phones are installed on the site, they must be located inside the building and
fixed for outgoing calls only.
,
11. The project shall comply with all applicable requirements of other outside agencies (Le.
San Bernardino County Health Department division of Environmental Health Services,
and the California Board of Equalization) as applicable.
Conditional Use Permit No. ~-U
Hearing Date 01/18/05
Page 11
12. All vandalism and graffiti must be repaired/removed within 24 hours of its
occurrence. The management shall take a photograph of the graffiti and provide it to
the Police Department before removing the graffiti.
13. The owner/ manager shall be responsible for posting signs prohibiting littering and
loitering.
14. All exterior lighting shall be energy efficient with the ability to lower or reduce usage
when the store is closed. Signage may be required to be turned-off when the facility is
closed.
15. The pedestrian path of travel may not pass behind parked cars or use the
driveway / drive aisle as proposed. A pedestrian path of travel meeting California
Building Code Title 24 accessibility standards shall be provided and reviewed
through plan check, as shown on Attachment E. Additionally, all paths of travel
shall be concrete, even when crossing drive aisles, striping on top of asphalt will not
be acceptable.
16. Vehicles for sale/rental shall only be parked and/or displayed in the area noted as
"Sales Inventory Lot" as indicated on Attachment E.
17. The twelve parking spaces shall be maintained along the east property, as shown on
Attachment E.
18. Outside displays and/ or storage of anything other than complete automobiles is
prohibited.
19. No work may be performed outside of the structure. No vehicle repair may occur on-
site.
20. All information provided on plans shall be consistent within the plans (including
but not limited to vehicle display area square footage, existing and proposed
landscaping square footage, etc.).
21. Provide access easement documentation with plan check for verification that no
required shared drive aisles would be impeded by this proposal.
22. The landscape buffer alqng 2nd Street shall be increased and mounded (berm shall be
added) to screen the display area as per Development Code Section 19.06.050(5)(Q)
because the display area as proposed has the same impact as a parking area.
Conditional Use Permit No. 04-14
Hearing Date 01/18/05
Page 12
23. The total amount of landscaping onsite shall be consistent with Development Code
requirements (minimum 15%). Upgrading the proposed landscaping may require
reduction of the proposed display area.
24. The applicant shall post a bond in an amount equivalent to the cost of landscaping
including landscape installation and one year of maintenance service. The purpose
of the bond is to ensure that all landscaping survives the planting process and last
for a period of at least one-year. The bond will be released no sooner than one-year
after issuance of the Final Certificate of Occupancy and only after such time as City
staff has verified the survival of the landscaping.
25. The applicant shall submit the SWPPP and other related documentation/ plans, as
well as the on-site improvement plan (as per Public Works Standard Requirements)
within 30 days of project approval. Failure to submit a complete, adequate SWPPP
will result in the issuance of a Notice of Violation.
26. No final Certificate of Occupancy shall be issued until all conditions of approval
have been completed.
27. This permit or approval is subject to the attached conditions or requirements of the
following City Departments or Division?:..
a. Building & Safety Plan Check Division
b. Public Works Engineering
A TT ACHME1\'T "0"
City of San Bernardino
STANDARD REQUIREMENTS
Development Services/Plan Check Division
~
Property address:
DRC@DP: 0 t{ - I L-(
DATE:
NOTE; NO PLANS WILL BE ACCEPTED FOR
PLAN CHECK WITHOUT CONDITIONS - OF
APPROVAL IMPRINTED ON PLAN SHEETS.
Submit 6 sets of plans, minimum size 18" x 24", drawn to scale, If plan check is for
expeditious review, submit 6 sets. The plans shall include (if applicable):
a. site plan (include address & assessors parcel number)
b. foundation plan
c. floor plan (label use of all areas)
d. elevations -'--
e. electrical, mechanical, & plumbing plans
f. detail sheets (structural)
g. cross section details
h. show compliance with Title 24/Accesslbility (disabled access)
i, a plan check deposit fee will be required upon submittal of plans.
Call Development Services (plan check) 909-384-5071 for amount.
1. The title sheet of the plans must specify the occupancy classification, t)'Pe of construction, If
the building has sprinklers, & the current applicable codes. .
2. The person who prepares them must sign the plans. Also, provide the address & phone
number of that person. Some types of occupandes require that the plans are prepared;
. stamped, and signed by an architect, engineer, or other person licensed by the State of
California.
3. For structures that must include an engineers design, provide 2 sets of stamped/wet signed
calculatiolls prepared by a licensed architect/engineer.
4. Pro\'ide 2 sets of Title 241Energy compliance forms and calculations. Some compliance
forms are required to be printed on the plans.
300 N '0' Slreet San Bernardino CA 92418
909.384.3071 Office
909-384-5080 Fax
5. Submit grading, site, and/or landscape plans to Public Works/Engineering for plan check
approval and permits. For more information, phone 909-384-5111.
6. Fire sprinkler plans, lires suppression system plans, etc., shall be submitted to the Fire
Department for plan check approval and permits. For information, phone 909-384-5388.
7. Signs require a separate submittal to the Planning Division for plan check approval and
permits. For Information, phone 909-384-5057.
8. Restaurants, food preparation facilities. and some health related occupancies will require
clearances and approved plans from San Bernardino County Health Department. For
information, phone 909-387-3043.
9. Occupandes that Include restaurants, car washes, automotive repair/auto body, dentist
offices, food preparation facilities or processing plants, etc. may require approvals and
permits from San Bernardino Water Reclamation. For information, phone 909-384-5141.
10. An air quality permit may be required. Contact South Coast Air Quality Management
Division for Information, phone 909-396-2000.
11. State of California Business & Professions Code/Contractors License Law requires that
permits can be Issued to licensed contractors or owner-builders (that are doing the work).
Contractors must provide their State license number, a city business registration, and
workers compensation policy carrier & pelicy number. Owner-builders must provide
proof of ownership.
NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 4-6
WEEKS FOR 1ST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING
DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND
DOES NOT IMPL Y THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT
CORRECTIONS. .
Comments:
300 N 'd. Street San Bernardino CA 92418
909-384-5071 Office
909-384-5080 Fax
ATTACHME:\T D
CITY Of SAi'i BER~ARDIi'iO
Development Sen'ices Department - Public Works Division
Standard Requirements
Description: Construct new two-storv 4.551 Sf buildin2
Applicant: fairview Ford
Location: 770 W. 2nd Street
Case ~umber: CUP No. 04-04
I. Draina2e 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) All drainage from the development shall be directed to an approved public
drainage facility. If not feasible, proper drainage facilities and easements
shall be provided to the satisfaction of the City Engineer.
c) If site drainage is to be 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.
d) The applicant shall submit a Storm Water Pollution Prevention Plan
(SWPPP) and Water Quality Management Plan (WQMP). Ti)ese plans
shall be approved by the City Engineer, prior to issuance of any permits
authorizing land disturbing activities. (Refer to the City's web page at
www.ci.san-bemardino.ca.us - Departments - Development Services -
Public Works for templates of these plans).
e) A "Notice of Intent (NOI)" shall be filed with the State Water Quality
Control Board for construction disturbing I acre or more of land.
f) Prior to issuance of a grading permit, the City Engineer shall approve an
Erosion CQlllrol 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.
Project: 4.551 SF Building for Fairvie" Ford
Case 1\0. CUP 1\0. 04-14
Page:! ofb
2. Gradinl! and Landscapinl!
a) If more than I' of fill or 2' of cut is proposed, the site/plot/grading and
drainage 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 City
Engineer.
b) If more than 5 trees are to be removed from the site. a tree removal permit
conforming to the requirements of Section 19.28.090 of the Development.
Code shall be obtained from the Department of Development Services-
Planning Division prior to issuance of any grading or site development
permits.
c) If more than 5.000 cubic yards of earthwork is proposed, a grading bond
will be required and the grading shall be supervised in accordance with
Section 7012(c) of the uniform Building Code.
d)
If more than 1.000 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.
;JJ!~;
e) 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.
o An on-site Improvement Plan is required for this project. Where feasible,
this plan shall be incorporated with the grading plan and shall conform to
all requirements of Section 15.04-167 of the Municipal Code (See
"Grading Policies and Procedures").
g) A reCuse enclosure constructed in accordance with City Standard Drawing
No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15
feet. unless the Public Services Department, Refuse Division. approves a
smaller size, in writing.
h) The Refuse Division shall approve the number and placement of refuse
enclosures.
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Project: 4.551 SF Building for Fairview Ford
Case No. CUP No. 04-14
Page3 of 6
Retaining walls. block walls and all on-site fencing shall be designed and
detailed on the On-site Improvement Plan. This work shall be pan of the
On-site Improvement permit issued by the City Engineer.
The on-site improvement plan shall include details of on-site lighting.
including light location. type of poles and fixtures, foundation design.
conduit location and size. and the number and size of conductors.
Photometry calculations shall be provided which show that the proposed
on-site lighting design will provide I 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.
The design of on-site improvements shall also comply with all
requirements of The California Building Code, Title 24, relating to
handicap parking and accessibility, including retrofitting of 'existing
building access points for handicap accessibility, if applicable.
A handicap 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 feet.
Where the handicap accessible path of travel crosses drive aisles. it shall
be delineated by striping or textured/colored concrete pavement.
A reciprocal easement shall be recorded prior to grading plan approval if
reciprocal drainage. access, sewer. and/or parking is proposed to cross lot
lines, or a lot merger shall be-recorded to remove the interior lot lines.
The project Landscape Plan shall be reviewed and approved by the City
Engineer prior to issuance of a grading permit. Submit 5 copies to the
Engineering Division for Checking.
The public right-of-way, between the propeny 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 projecfs on-site
landscape plan, unless the parkway area is included in' a landscape
maintenance district, in which case, a separate landscape plan shall be
provided.
An easement and covenant shall be executed on behalf of the City to allow
the City to enter and maintain any required landscaping in case of owner
neglect. The Real Propeny Section for execution by the property owner
and shall ensure that. if the property owner or subsequent owner( s) fail to
properly maintain the landscaping, the City will be able to file appropriate
liens against the property in order to accomplish the required landscape
maintenance. A document processing fee in the amount of $200.00 shall
be paid to the Real Property Section to cover processing costs. The
propeny owner. prior to plan approval. shall execute this easement and
covenant unless otherwise allowed by the City Engineer.
j)
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p)
Project: 4.551 SF Building for Fa;"'Ie" Ford
Case 1'0. CLP 1\0. 04-14
Page 4 of6
3. 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) Each parcel shall be provided with separate water and sewer facilities so
the City or the agency providing such services in the area can serve it.
c) Backflow preventers shall be installed for any building with the finished
floor elevation below the rim elevation of the nearest upstream manhole.
d) Sewer main extensions required to serve the site shall be constructed at the
Developer's expense.
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 constructed in accordance with the City's "Sewer Policy and
Procedures" and City Standard Drawings.
..7,::.:.-.:.~
g)
Utility services shall be placed underground and easements provided as
required.
h) A street cut permit, from the City Engineer. will be required for utility cuts
into existing streets where the street is not being repaved as part of the
required improvements.
j) All existing overhead utilities adjacent to or traversing the site on either
side of the street shall be undergroUlided in accordance with Section
19.20.030 (non-subdivisions) of the Development Code.
k) Existing Utilities w.hich 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). .
I) As an alternative to undergrounding required by Section 19.20.030 (non-
subdivision) or Section 19.30.110 (subdivisions) of the Development
Code, the developer will provide a letter of agreement for participation in
. '. an assessment district, if one is formed, to fulfill the requirement for
undergrounding utilities. Prior to recordation of a map or issuance of
building permit subdividerideveloper shall have the letter of agreement
recorded with the deed.
Project: 4.551 SF Building for Fairvic\\ Ford
Case No. CUP No. 04-14
Page 5 of6
m) 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.
4. Street Improvement and Dedications
a) Modify existing driveway approaches per City Standard No. 204, Type II,
including Handicap by-pass. Remove existing driveway approaches that
are not part of the approved plan and replace with full height curb & gutter
and sidewalk.
5. Required Ene:ineerine: Plans
a) The rough grading plan may be designed and submitted in combination
with the precise grading plan.
b) All plans submitted for plan check purposes shall be prepared on the
City's standard 24" X 36" sheets.
c) Provide the City with l!n electronic file of all improvement
plans/drawings. This file shalf be compatible with AutoCAD 2000, and
shall be submitted with the plans-for final 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
httll:; Iwww.ci.san-bemardino.ca.uslsiteIPw;.default.htm
6. Required Ene:ineerlJie: Permits
a) Grading permit (If applicable.).
b) On-site improvements construction permit (except buildings - see
Development Services-Building Division). including landscaping.
c) Off-site improvement construction permit.
7. Applicable Ene:ineerlne: 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 fee for each set of plans will be required at time of application
for plan check.
Project: 4.55 I SF Building for Fatrview Ford
Case No. CUP 1';0. ~-14
Page 6 of6
b) The current fee schedule is available at the Public Works Counter and at
hun: " \\W\\ .ci.s3n-bernardi nO.ca. us:site;pw! default.htm
c) Please check with the development review section of the Public Works
Division at 909-384-5110 for current in-house plan check turn-around
times.
d) Expedited plan checking is available. A deposit in.the amount of 150% of
the estimated plan check fee for each set of plans will be required at time
of application for expedited plan check.
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EXHIBIT 3
CITY OF SAN BERNARDINO
Development Services Department. Planning Division
. 300 Nortn "E" Street, 3'. Floor
San Bernardino, CA 92418
Phone (909) 384-5057 . (909) 384.5080
Web address: www.sbcity.org
1ipftBr&:ft~j~FOR APPEAL
APPEAL FROM A DECISION OF THE (check one)
a Development Services Director
o DevelopmenrlEuvironmental Review COIl".minee
If Planning Commission
Casenumber{s):1!.M'JDiTtrWA-L llSF" PeRM.lT 0'-1-1'1
Projcctaddress: 7l/n W. 2ND <37Pr~r
Appellant's name: J"oH/J PoWeLL ~ .J{A77JL~ f6cJd t..
Appellant'uddress: Z2Z Ill. /1(2/'1 5T-: gA-N B~l>IlllO 92'110
Appellant's phone: 909-773-0770 " 7)(J,JE #/
Appellant's e-mail address:_
Comactperson'sname: <;'M~
Contact person's address:
Contact person's phOllO:
Contact person's e-mail address: __
--
Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form
within 15 days following the final date of action. accompanied by the appropriate appeal filing fee.
Appeals are normally scheduled for a determination by the Planning Corrunission or Mayor and Common
Council within 30 dllYs oflhe filing date ofrhe appeal. You will be notified, in writing, of the specific date and
rime of the appeal hearing.
OFFICE USE ONLY
Date appeal tiled:
Received by:
lilt).;
REQIlIRED INFORMATION FOR AN APPEAL
Specific action being appealed and the date of that action:
CONDmONAL USEPERMlT 04-14
HEARING DATE: FEBRUARY 8. 200S
Specific grounds for the appeal:
ITEM #1;
FAIRVIEW FORD IS DECREASING TIlE NUMBER OF PARKING SPACES BY ALMOST HALF,
FROM TIlE FIFTY-EIGHT (S8) PARKING SPACES OF TIlE PRIOR DENNEY'S RESTAURANT.
TInS AFFECTS TIlE PARKING EA!;F.MF.NT RIGHTS OF TIlE ADJOINING PROPERTY.
PER TIlE APPROVED MOTION OF TIlE PLANNING COMMISSION ON FEBRUARY 8, 200S,
FAIRVIEW FORD EMPLOYEES ARE PROHIBITED FROM PARKING IN TIlE 12 SPACES ON TIlE EAST
SIDE OF TIlE PRIOR DENNEY'S RESTAURANT AND ALL TIlE PARKING SPACES ON 222 N. "G" ST.
ITEM #2:
TIlE PROPERTY AT 702 W. 2ND STREET (APN# 0134-268-l(6) HAS EASEMENT RIGHTS ON 740 - 770
W. 2ND STREET.
Action sought:
ITEM #1:
AMEND TIlE APPROVED MarION TO INCI:;UDE mAT F AIRVIEW FORD CAN Nar USE TIlE
EXISTING 12 PARKING SPACES ON TIlE EAST SIDE OF DENNY'S RESTAURANT, AND ALL THE
PARKING SPACES ON 222 N. "G" STREET TO - PARK AND STORE RENTAL CARS AND TRUCKS;
LOAD, UNLOAD AND STORE "NEW' AUTOS, TRUCKS OR OTHER VEHICLES; LOAD, UNLOAD
AND STORE "USED" AUTOS, TRUCKS OR 01HER. VEHICLES; PARKING FOR 01HER. FAIRVIEW
FORD OPERATIONS INCLUDING CUSTOMERS, PATRONS, AUTO PARTS DELIVERIES, ANY OTHER
DELIVERIES AND ANY OTHER AUTOS WHICH ARE CONNECTED WITH TIlE FAIRVIEW FORD
OPERATIONS.
ITEM #2:
VERIFY mAT TIlE EASEMENT RIGHTS OF TIlE PROPERTY AT 702 W. 2ND STREET
(APN# 0134-268-l(6) ARE Nar BEING VIOLATED.
Additional information:
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EXHIBIT 4
~V9 requested by: -' I iT
~\(6" ~e.( \(',~/' (. --\'t.
When Recorded, Mail To:
SB::URlTY TRUST CO. .7152
'l'NIt No. 1152
P. O. Box 1589
SIn Oi89O, ca. 92112
~ecorOld ln OfflClal ~.corOl, COUntv Of
san Bernardlno, Errol J. I'IIlclc_, RecorCllr
Doc No. 19970121356
3:00pm 04/07/97
first American Title I '11
5
In at" TIAIS TII
R!X:IPJa:AL PARXItc ~
~'!,..~'lA5.~!:>
'l'he parties of this Reciprocal Parkinq Agreenent are K.K.M:. Properties, a California
General Partnership, as party of the First Part and owner of that real property to which is
. lIescr1becS on Exhibit "...", and Security Trust CO., a Cal1fom1a COrporation Il8 Trustee for'Its
Trust No. 7152, a8 party of the Becond Part and buyer of that real property wI1ich 18 described
on Blch1hit "S".
IHlMS the parties of the First Pu1: to this agl_nt desire to grant frem t:he1r respect-
ive prcperty to the parties of the Second Part, their successors and assi9Tls, a non-exclusive
easement for parkill9 over and above the real property described in Exhibit "A', hereinafter
descr1becS herein, in order to establish of record, the present and existill9 000100.. parking for
motor Yebicles and incidental pu:poses.
liHERAS the part1es of the Secxlnl! Part to th1lf:agreemellt desire t!l grant fra1I their respect-
....: . j .
be propeJ:Ltto the part1es of the First Part, their successors and uSi9flS, a non-exclusive
easement for Partcin9 over and above the real property described in Exhibit "S", hereinafter
described herein, in order to establish of record, the present and exis1;ing ClCIno\.o, park1ng for
,
IIlOtor Yebicles and incidental pu:poses.
lDf 1.'tII:iKI2\.t(t;, the parties herein agree as follows: .
1. 'DIe part1es of the F1rst Part do hereby Grant to the parties of the:1leoond Part,
th81r 1IUlXlea8Orll and ..signs, AND thit parties of the Second Part do hereby Gr~tto the parties
of the First Part, their successors and assigns, a nat-eXClusive easenent for the purposes of
parkinq, over and above the parIdng lIrelI8for the properties described on EXhibits "A. and "S",
att:ached hereto and made a part hereof.
2, It is agreed that said parkinq easenent is for the benefit of and appurtenant to
MCh of the parties Pr<lpe1.Ly herein described and will run with.the 'land.lIS an parId.nq easement.
3. It 18 a;reecJ that each owner, their suc:c:essors and ass19fl6 ~ll maintain in CJOO/I
oon/I1t1on at all tines the parkinq aress herein described for the benefit of each owner and
theiz 8''OOesSorl. ';
4. The intent of this parfcinq lIlJr8ement is to supply parkinq for customers, patrons,
and enployees of the businesses located on the herein described propel."ties.
1_11
)eSCtfption: San Bemardlno.CA Document.Y.".DocID 1997.121356 Page: 1 o!S
War: 1o.26-2O(U 09-05-27 AM Comment
, .
S. Both partiel agree thal Secona Party'a use of the Firat Party'a parking shall
not excead the number of apacea required by 1'97 retail or office ataodards. These
standard. require 27 total Ipaces, 12 of which are on First Party's property, IS of whlch .
are on Second Party'l property. Both part lei allo Acree that if Second Party.~r :Sacoad
Party's .ucce.aors parking per the City of San Bernardino requirements ineree.e, thil
will invalidate this Reciplocal Perking Agreement, unlel. all the required Idditioaal
parking is obtained ellewhere beyond the above .entloned 27 Iplees.
DOCUMENT DATE: HI rch 31, .1997
-'--
(Pale 2)
>esatptlon: San BamlWino,CA Document-Year.DacIO 1997.121356 Page: 2 of 8
>rder: 10-28-2004 0!UJ5-27 AM CtJmmen" . .
h.
Falrview Ford Sales, Inc.
292 NORTH G STREET
P.O. BOX 5518 [ffi1'C!((,:)l'C!n\\nl'C![Q)
SAN BERNARDINO. CALIF. 92412 D LS~LSU 'I:J IS D
Telephone (909) 884-9281
MAR j 4 2OIl5
EXHIBIT 5
. IIOHU;
CITY OF SAN BERNARDINO
DEVaOPMENT SERVICES
DEPARTMENT
MS.VALARIE ROSS
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPT.
300 NORTH D STREET
SAN BERNARDINO,CA.92418
3/ll/0s
RE: APPEAL OF CONDITIONAL USE PERMIT NO.04-14
DEAR MS. ROSS,
WE UNDERSTAND THAT THE OWNERS OF SECURITY TRUST COMPANY HAVE
APPEALED CONDITIONAL USE PERMIT NO. 04-14, WE CONSIDER THIS
APPEAL FRIVILOUS AND WITHOUT MERIT, HOWEVER WE UNDERSTAND THE
CITY OF SAN BERNARDINO'S NEED TO REVIEW ALL APPEALS. WE ALSO
UNDERSTAND THAT THE SECURITY TRUST COMPANY HAS MADE THE UNUSUAL
REQUEST FOR THE CITY OF SAN BERNARDINO TO HOLD THE APPEAL FOR
90 DAYS.
WE BELIEVE WE ARE ENTITLED TO A SPEEDY APPEAL PROCESS AND DO NOT
SEE ANY REASON FOR A DELAY. A 90 DAY DELAY FOR THE APPEAL IS NOT
ONLY UNUSUAL AND WITHOUT MERIT BUT- WOULD CREATE A GREAT DEAL OF
ADDITIONAL EXPENSE TO FAIRVIEW FORD.
FAIRVIEW FORD IS REQUESTING THE APPEAL BE MOVED FORWARD AS SOON
AS POSSIBLE AND THAT THE SAN BERNARDINO CITY COUNCIL DECLINE THE
APPEAL AND REMOVE THE PARKING STIPULATIONS WHICH WERE GRANTED TO
THE SECURITY TRUST COMPANY BY THE PLANNING COMMISION.
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NICK DEPASQUALE
PRESIDENT
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OFFICE O}<' THE CITY CLERK
RACHEL G. CLARK, C.M.C. . CITY CLERK
300 North "'D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
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May 5, 2005
Dr. and Mrs. John Powell
222 North "G" Street, Suite #1
San Bernardino, CA 92410
Dear Dr. and Mrs. Powell:
In response to your letter of April 25, it is my understanding that the Planning Commission
approved Conditional Use Permit No. 04-14, with an amendment or added Condition of
Approval that the management/owners of Fairview Ford shall notify their employees not to park
in the parking on the northern and eastern portion of the site.
Therefore, at your appeal hearing on April 4, 2005, the motion recommended by Planning staff
was to deny your appeal, but to uphold the Planning Commission's approval of CUP 04-14,
including the amendment added by the Planning Commission. The motion actually read:
That the hearing be closed; and that the Mayor and Common Council deny the appeal
and uphold the Planning Commission's approval of Conditional Use Permit No. 04-14
based upon the Findings of Fact contained in the Planning Commission staff report,
subject to the Conditions of Approval as amended, and Standard Requirements.
However, when Councilwoman Estrada made her motion, she stipulated that the words, as
amended be deleted, which returned the Conditions of Approval to what was originally
submitted to the Planning Commission by staff. In essence, her motion, which was
unanimously approved, deleted the amendment noted in italics in the first paragraph above.
I hope this information has helped to clarify your understanding of what transpired at the
Mayor and Council meeting of April 4, 2005. If you have any other questions, please do not
hesitate to contact me or Planning staff directly.
Sincerely,
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Rachel G. Clark, CMC
City Clerk
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CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty