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CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
OR\G\NAl
Subject: Determination of Public Convenience or
Necessity for a Type 20 (off-sale beer & wine) ABC
License for a service station with a 1,940 square
foot convenience store located at 906 North
Waterman Avenue in the CG-1, Commercial General
land use district.
From:
Dept:
James G. Funk, Director
Development Services
Date:
November 12, 2004
MCC Date: December 6, 2004
Synopsis of Previous Council Action:
None
Recommended Motion:
That the Mayor and Common Council determine that the public convenience or necessity would be served by the
issuance of the license and direct the Development Services Department to send a letter to the Department of
Alcoholic Beverage Control for a Type 20 (off-sale beer and wine) ABC License for a service station with a
1,904 square foot convenience store located at 906 North Waterman Avenue in the CG-1, Commercial General
land use district.
~U.MrJP
James G. Funk
Contact person: Awn Liang, Senior Planner
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s): 1
FUNDING REQUIREMENTS: Amount: N/ A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
/1/JljOl/
Agenda Item No. J If
.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Determination of Public Convenience or Necessity for a Type 20 (off-sale beer &
wine) ABC License for a service station with a 1,940 square foot convenience store
located at 906 North Waterman Avenue in the CG-l, Commercial General land use
district.
OWNER:
George Pearson
16868 "A" Street
Huntington Beach, CA 92647
714.375.4700
APPLICANT:
Andrea Ficus
G&MOil
16868 "A" Street
Huntington Beach, CA 92647
714.375.4700
REQUEST
The applicant is requesting a determination of public convenience or necessity to establish a
Type 20 (off-sale beer & wine) ABC License for a service station with a 1,904 square foot
convenience store located at 906 North Waterman Avenue in the CG-l, Commercial General
land use district (Exhibit 1, Location Map).
BACKGROUND
At their meeting of May 6, 2004, the Planning Commission approved Conditional Use Permit No. 02-
32 and Variance No. 02-11 and recommended that the Mayor and Common Council make a
determination of public convenience or necessity for a Type 20 (off-sale beer & wine) ABC License
for a service station with a 1,904 square foot convenience store. Commissioners Brown, Coute Durr,
Enciso, Heasley, Morris, Sauerbrun, and Thrasher voted in favor of the motion.
The proposed convenience store will be approximately 1,904 square feet in size and will sell
dairy products, soft drinks, snacks and other convenience items. Two coolers (approximately
190 square feet) will be uti lized for beer and wine sales. This accounts for 10% of the total floor
area.
The proposed service station will be a 24-hour facility, seven days per week. Although the
service station facility will be a 24-hour operation, sales of beer and wine will be limited to
6:00 am to midnight. See Exhibit 2, Planning Commission Staff Report for additional
discussion.
Based on Census Tract 0056, five liquor licenses are allowed in this area. Currently, there are 16
existing licenses in this Tract. As a result, the state Department of Alcoholic Beverage Control
(ABC) notified the applicant of the over concentration in that Census Tract, and that a
determination of Public Convenience or Necessity from the City is required.
An Interoffice Memorandum dated September 23, 2004, from the Police Department indicated
no opposition to the ABC application and recommended approval provided that the applicant
comply with the Police Department listed conditions in Exhibit 3.
FINANCIAL IMPACT
None. The applicant submitted an application and the applicable processing fee.
RECOMMENDA nON
Staff recommends that the Mayor and Common Council determine that the public convenience
or necessity is served and direct the Planning Division to prepare a letter for the Department of
Alcoholic Beverage Control for a Type 20 (off-sale beer & wine) ABC License for a service
station with ai, 904 square foot convenience store.
EXHIBITS
I. Location Map
2. Planning Commission Staff Report Dated May 18,2004
3. Interoffice Memorandum from Police Department Dated September 23,2004
EXHIBIT 1
CITY OF SAN BERNARDINO PROJECT: CUP 02.32
PLANNING DIVISION VAR 02.11
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 4/20/04
11
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EXHIBIT 2
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No. 02-32 & Variance No. 02-11
1
May 18, 2004
3
OWNER
George Pearson
16868 "A" Street
Huntington Beach, CA 92647
714.375.4700
APPLICANT:
Andrea Ficus
G&MOil
16868 "A" Street
Huntington Beach, CA 92647
714.375.4700
REQUEST/LOCA nON:
Conditional Use Permit
. Construct a gas station with a 1,904 square foot convenience store.
. Operate an ABC Type 20 (Off-sale Beer & Wine) license to allow the sale of beer and wine.
Variance
. Allow the building to encroach in the lO-foot rear landscape setback along the westerly property
boundary.
. Reduce the lO-foot rear landscape setback from 10 feet to 5 feet up to the building area along the
westerly property boundary.
The project site is approximately 19,449 square feet (.45 acres) and is located at the northwest comer of
Waterman Avenue and 9th Street at 906 North Waterman Avenue in the CG-l, Commercial General, land
use district.
CONSTRAINTS/OVERLA YS:
None
ENVIRONMENTAL FINDINGS:
o Not Applicable
. Exempt, Section 15332 in-fill development
o No Significant Effects
o Previous Negative Declaration
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Program
STAFF RECOMMENDA nON:
. Approval
. Conditions
o Continuance to:
Conditional Use Permit No. 02-32
Variance No. 02-11
Meeting Date: May 18, 2004
Page 2
REQUEST AND LOCATION
The applicant requests approval of a Conditional Use Permit (CUP) under the authority of
Development Code Section 19.06.020, Table 06.01 (D) (4) to construct a gas station with a 1,904
square foot convenience store and an ABC Type 20 license (Off-sales Beer & Wine) to allow the
sale of beer and wine in the convenience store. The project site is approximately 19,449 square
feet (.45 acres) and is located at the northwest corner of Waterman Avenue and 9th Street at 906
North Waterman Avenue in the CG-1, Commercial General, land use district (Attachment A).
The applicant also requests approval of a Variance to reduce the 10- foot rear landscape setback
from 10 feet to 5 feet up to the convenience store area along the westerly property boundary and
to allow the convenience store to encroach in the IO-foot rear landscape rear setback.
Development Code Section 19.06.030, Table 06.02, Commercial Zones Development Standards,
CG-1, requires a minimum of IO-foot landscape rear setback be provided if the project site is
adjacent to any Residential Land Use District. The applicant is proposing to reduce the IO-foot
rear landscape setback from 10 feet to 5 feet up to the building area and to allow the building to
encroach in the IO-foot rear landscape setback along the westerly property boundary.
The site has been designed with a 1,904 square foot convenience store and a 1,976 square foot
canopy. The convenience store located on the rear ofthe property line provides parking in front
with landscaping located throughout the project premises. The canopy located closest to 9th
Street accommodates four service islands with a total of eight fuel dispensers. The existing 6-
foot block wall along the westerly property line will be increased to 8 feet to great a greater
buffer wall between the residential and commercial area. Vehicular access to the site will be on
9th Street and Waterman Avenue. The gas station will be a 24-hour operation, seven days per
week. The proposed project will employ 4 employees.
SETTING/SITE CHARACTERISTICS
The project site is generally flat and rectangular in shape. To the north, east and south are
commercial retail establishments in the CG-l, Commercial General, land use district. To the
west and abutting the site is a residential zone in the RU-1, Residential Urban land use district.
BACKGROUND
The Development/Environmental Review Committee (D/ERe) initially reviewed the proposal on
September 18,2003. At that time, the D/ERC continued the proposal to allow sufficient time for
the applicant to provide pilot test report and remedial action plan for the County of San
Bernardino Fire Department, Office of the Fire Marshal Hazardous Materials Divisions
(OFMHMD). To date, the applicant has complied with the OFMHMD's requirements for soil
remedial treatment plan. An on-site soil vapor extraction system has been installed and is
operating to provide on-going soil remediation.
On March 18, 2004, the D/ERC heard the proposal again and at that time, the D/ERC
recommended that the proposal be moved to the Planning Commission.
Conditional Use Permit No. 02-32
Variance No. 02-11
Meeting Date: May 18, 2004
Page 3
On July 2, 1985, the Planning Commission approved Conditional Use Permit No. 85-27 to
construct an addition and convert an existing service station to a mini-market for this site.
Presently, the site contains a vacant building only. The project applicant proposes to demolish it
and rebuild it with the proposed project.
FINDINGS AND ANALYSIS - CONDITIONAL USE PERMIT
I. Is the proposed use conditionally permitted within the subject land use district, would it
impair the integrity and character of the subject land use district, and does it comply with
all of the applicable provisions of this Development Code?
Yes, pursuant to Development Code Section 19.06.020 Table 06.01 (2)(1), gas stations
with convenience stores are permitted use in the CG-l, Commercial General land use
district, subject to the approval of a Conditional Use Permit. The proposed project
complies with all applicable provisions of the Development Code as shown below in
Table "A", except those for which the Applicant has filed a Variance.
Table "A" DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN
CODE
Gas Station, Permitted subject to
Permitted Use Convenience Store with N/A
Off-site Alcohol Conditional Use Permit
Setbacks .
- Front 10 feet 10 feet 25 feet of sidewalk
- Side o feet o feet
- Side (street side) I 0 feet 10 feet
- Rear 5 feet (*) 10 feet
Lot Coverage 22% 50% N/A
Landscaping 22% 15% N/A
Parking .
- Standard 11 11 N/A
- Handicap 1 I
- Total 12 12
(*)The applicant has filed a Variance to reduce the 10-foot rear landscape setback from 10 feet to
5 feet up to the building area and to allow the building in the IO-foot rear landscape setback along
the westerly property boundary.
Conditional Use Permit No. 02-32
Variance No. 02-11
Meeting Date: May 18.2004
Page 4
Although the project applicant proposes to reduce the lO-foot rear landscape setback
from 10 feet to 5 feet up to the building area and to allow the building to encroach in
the lO-foot rear landscape setback, the overall on-site landscaping at 22 % still exceeds
the Development Code requirement.
2. Is the proposed use consistent with the General Plan?
Yes, the proposal is consistent with the General Plan goal and objective as follows:
General Plan GoallB states: "Provide employment opportunities for existing and future
residents of the City and those of adjacent communities"
The proposed project will provide employment opportunities for local residents and the
surrounding community. The project has been designed and conditioned to ensure
compatibility with adjacent residential and to minimize noise and traffic safety concerns.
General Plan Policy 1.19 states: "Provide for the.. .new development of retail, personal
service, entertainment, office and related commercial uses along major transportation
corridors and intersections to serve the needs of the residents; reinforcing existing
commercial corridors and centers and establishing new locations as new residential
growth occurs".
This new development will bring improvements and remove visual blight at the
intersection of Waterman Avenue and 9th Street. The proposed project will enhance the
existing commercial centers and serve the needs of local residents.
3. Is the approval of the Conditional Use Permit for the proposed use in compliance with
the requirements of the California Environmental Quality Act and Section 19.20.030(6)
of the Development Code?
Yes, the approval of the Conditional Use Permit for the proposed project is in compliance
with the requirements of the California Environmental Quality Act (CEQA) in that the
project was found to be exempt from CEQA per S 15332 for an in-fill development
project. CEQA allows for the exemption of projects that can be adequately served by all
required utilities and public services. Furthermore, all grading and construction activities
will be implemented and monitored in accordance with the AQMD measures as described
in the conditions of approval to ensure that the project would not cause any substantial
adverse construction impacts.
Conditional Use Permit No. 02-32
Variance No. 02-11
Meeting Date: May 18, 2004
Page 5
4. Are there potentially significant negative impacts upon environmental quality and natural
resources that could not be properly mitigated and monitored?
No, as noted in Finding No.3, this project complies with CEQA and Section
19.20.030(6) of the Development Code. Furthermore, the County of San Bernardino Fire
Department, Office of the Fire Marshal Hazardous Materials Divisions (OFMHMD) has
been working closely with the project applicant to ensure that the site is clear of soil and
groundwater contaminant issues. The project applicant has conducted and provided the
necessary remediation tests to ensure that the site is suitable for redevelopment purposes.
The installation of the new tanks will be monitored in accordance with the OFMHMD's
requirements. Moreover, these requirements have been incorporated as part of the
Conditions of Approval to ensure that the project would not cause any substantial adverse
impacts.
5. Are the location, size, design, and operating characteristics of the proposed use
compatible with the existing and future land uses within the general area in which the
proposed use is to be located and will it create significant noise, traffic or other
conditions or situations that may be objectionable or detrimental to other permitted uses
in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of
the City?
Yes, the design and operating characteristics are consistent with all provisions of the
Development Code except as noted in No. I above and will not be detrimental to the
public interest, health, safety, convenience, or welfare of the City. The proposed project
will be compatible with the existing and future land uses within the general area and the
surrounding retail commercial activities. Since the proposed project is consistent with
the General Plan and Development Code, no land use conflict or environmental adverse
impacts will result from the construction and operation of the proposed project. As
described in Table "A" in No. I, the proposal provides adequate parking and landscaping
to comply with Code requirements.
The City Traffic Engineer has reviewed the proposal and determined that additional
vehicle trips resulting from-the proposed project will not cause any significant traffic
impact. Also, the project-related noise impacts are not expected to create significant
noise levels. This is because the proposed project is located on a major arterial
transportation corridor noise source Waterman Avenue.
6. Is the subject site physically suitable for the type and density/intensity 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 as noted above except as noted for the lO-foot rear landscape setback for which
the applicant has filed for a variance.
Conditional Use Permit No. 02-32
Variance No. 02-11
Meeting Date: May 18, 2004
Page 6
7. Are there adequate provisions for public access, water, sanitation. and public utilities
and services to ensure that the proposed use would not be detrimental to public health
and safety?
Yes, all agencies responsible for reviewing access and providing water, sanitation and
other public services have all had the opportunity to review the proposal and none have
indicated an inability 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 of this
project.
FINDINGS AND ANALYSIS - VARIANCE
1. Are there special circumstances applicable to the property, including size, shape,
topography, location or surroundings, such that the strict application of this
Development Code deprives such property of privileges enjoyed by other property in the
vicinity and under identical land use district classification?
Yes, there are special circumstances applicable to the property size. Due to the fact that
the site is located on a major arterial, 13' -9" feet and 2' -9" street dedications are required
on Waterman Avenue and 9th Street, respectively. The strict application of the 1O-foot
rear landscape setback requirement will deprive this property of privileges enjoyed by
other property in the vicinity and under the identical CG-l land use district. The
proposed site is an existing lot of record with development on all sides. The surrounding
development is built to their property lines. The strict Code for the 10- foot rear landscape
setback will result in practical difficulties and will not allow this in-fill parcel to be
developed.
The street dedications, and related improvements are necessary to provide safe turning
movements and accessibility.
2. Is the granting of the Variance necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and
land use district and denied to the property for which the Variance is sought?
Yes, the granting of the variance is necessary for the preservation and enjoyment of
property right possessed by other property in the same vicinity and CG-l land use
district. This is because the 10-foot rear landscape setback along with the dedication
requirements will result in less area for the project applicant to build upon. These
requirements have placed development limitations causing the developable area to be
reduced from a A5-acre site to a .39-acre site.
Conditional Use Permit No. 02-32
Variance No. 02-11
Meeting Date: May 18, 2004
Page 7
3. Will granting the Variance be materially detrimental to the public health, safety, or
welfare or injurious to the property or improvements in such vicinity and land use district
in which the property is located?
No, if approved, the granting of the variance would not be detrimental to the public
health, safety or welfare to the property or improvements in the vicinity in that all on-site
construction activities will be in conformance with all applicable City requirements and
as such, will not pose any threat to the public health, safety and welfare of the citizens of
San Bernardino. The proposed project is consistent with the previous project on the site.
4. Will granting the Variance constitute a special privilege inconsistent with the limitations
upon other properties in the vicinity and land use district in which such property is
located?
Allow the building in the 10-foot rear landscape area
No, the granting of the variance to allow the building in the 10- foot rear landscape
setback will not constitute a special privilege. Due to the dedication requirements,
Development Code Section 19.06.030, Land Use District Development Standards, Table
06.02, Commercial Zones Development Standards, CG-1, 10-foot rear landscape setback
requirements encumbered the project site. The proposed site is an existing lot of record
with development on all sides. A similar business in size on a similar parcel would be
required to apply for a variance.
Reduce the lO-foot rear landscape setback UP to the building area
No, the granting of the variance to reduce the 10-foot landscape setback will not
constitute a special privilege. Although the lO-foot rear landscape setback will be
reduced from 10 feet to 5 feet up to the building area, the overall buffer zone up to the
building area will still be at 10 feet. The applicant will provide a 5-foot rear landscape
setback and a 5-foot sidewalk path of travel for a total of lO-foot buffer zone.
Furthermore, the building encroachment in the 10-foot rear landscape setback will take
less than 1/3 (approximately 38 feet) of the westerly property boundary. This minor
encroachment will not create a significant intrusion into the residential neighborhood
adjacent to the west. This is because the scale and height of the proposed building is
compatible with the surrounding area. Moreover, all lighting fixtures will be shielded to
confine lights within the site only. The building encroachment in the westerly boundary
is necessary in that it will allow the building design to achieve a symmetry layout to
match the northerly layout.
Conditional Use Permit No. 02-32
Variance No. 02-11
Meeting Date: May 18, 2004
Page 8
5. Will granting the Variance allow a use or activity which is not otherwise expressly
authorized by the regulations governing the subject parcel?
No, the granting of the variance will not allow a use that is not already permitted by
Conditional Use Permit in the CG-l, Commercial General land use district. Gas stations
with convenience stores are permitted in the CG-l, Commercial General land use district,
subject to the approval of a Conditional Use Permit. A conditional use permit for the
proposal is already required and is part of the current review of this project.
6. Will granting the Variance be consistent with the General Plan?
Yes, General Plan Policy 1.17.30 states that it shall be the policy of the City of San
Bernardino to:
"Require the development to convey the physical and visual appearance of an integrated
urban center; utilizing consistent and complementary architecture design style and
building materials, building massing and bulk and siting of structures".
The project applicant has designed this project such that it will be integrated with the
surrounding structures in the area. Although the proposed project is consistent with the
previous project, the proposal will bring a modem look and improvements to the area.
The applicant has submitted findings in support of the variances. The applicant's
findings are included herein as Attachment E.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Conditional Use Permit
and Variance to reduce the 10-foot rear landscape setback from 10 feet to 5 feet and to allow the
building to encroach in the lO-foot landscape rear setback.
RECOMMENDA nON
Staff recommends that the Planning Commission approve Conditional Use Permit No. 02-32 and
Variance No. 02-11 to reduce the lO-foot rear landscape setback from 10 feet to 5 feet and allow
the convenience store to encroach in the lO-foot rear landscape setback based upon the Findings
of Fact contained in this Staff Report and subject to the Conditions of Approval (Attachment C)
and Standard Requirements (Attachment D).
Conditional Use Permit No. 02-32
Variance No. 02-11
Meeting Date: May 18, 2004
Page 9
Respectfully Submitted,
~~~ filL JF
James Funk
Director of Development Services
4
Senior Planner
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment E
Location Map
Site Plan/Elevations and Floor Plans
Conditions of Approval
Standard Requirements
County Fire Department's Guidelines and Requirements for Site Cleanup
Applicant Findings for the Variance
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP 02-32
PLANNING DIVISION VAR 02-11
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 4/20/04
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A TT ACHMENT C
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 02-32 &
VARIANCE NO. 02-11
I. This approval is for construction of a gas station with a 1,904 square foot
convenience store and an ABC Type 20 license (Off-sales Beer & Wine) to allow
the sales of beer and wine in the convenience store. Also, this approval is for
reduction ofthe 10-foot landscape rear setback from 10 feet to 5 feet and to allow
the convenience store to encroach in the 10- foot landscape rear setback along the
westerly property boundary.
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
this application 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: May 18, 2006
3. The review authority may, upon application being filed 30 days prior to the
expiration date and for good cause, grant a one-time extension not to exceed 12
months. The review authority shall ensure that the project complies with all
current Development Code provisions.
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.
CUP No. 03-04
Meeting Date: 5/6/03
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. Construction shall be in substantial conformance with the plan(s) approved by the
Director, Development Review Committee, Planning Commission or Mayor and
Common Council. Minor modification to the plan(s) shall be subject to approval
by the Director through a minor modification permit process. Any modification
which exceeds 10% of the following allowable measurable design/site
considerations shall require the refiling of the original application and a
subsequent hearing by the appropriate hearing review authority if applicable:
a. On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
c. Reconfiguration of architectural features, including colors, and/or modification
of finished materials that do not alter or compromise the previously approved
theme; and,
d. A reduction in density or intensity of a development project.
6. No vacant, relocated, altered, repaired or hereafter erected structure shall be
occupied or no change of use ofland or structure(s) shall be inaugurated, or no
new business commenced as authorized by this permit until a Certificate of
Occupancy has been issued by the Department. A temporary Certificate of
Occupancy may be issued by the Department subject to the conditions imposed on
the use, provided that a deposit is filed with the Department of Public Works prior
to the issuance of the Certificate, if necessary. The deposit or security shall
guarantee the faithful performance and completion of all terms, conditions and
performance standards imposed on the intended use by this permit.
7. This permit or 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; emission control of fumes, vapors, gases 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. Screening and sign regulations compliance is
important considerations to the developer because they will delay the issuance of
a Certificate of Occupancy until they are complied with. Any exterior structural
equipment, or utility transformers, boxes, ducts or meter cabinets shall be
architecturally screened by wall or structural element, blending with the building
design and include landscaping when on the ground.
CUP No. 03-04
Meeting Date: 5/6/03
8. 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.
9. Signslbanners may not be placed on or over the roof or within landscaped areas.
10. A maximum of two hundred seventy (270) square feet of the sales area may be
used for the display or sale of alcohol.
11. The hours for sale of alcohol shall be from 6:00 am to midnight only.
12. The sale of alcohol is limited to off-sale beer and wine only, with no single sales
or malt liquors.
13. All landscaped areas with grass shall be planted with sod type. Hydro seed
planting shall not be permitted.
14. All lighting fixtures shall be shielded to confine lights within the site only.
15. If public telephones are located on the premises, they shall be fixed for outgoing
calls only.
16. The applicant shall be responsible for regular maintenance of the project site.
Vandalism, graffiti, trash and other debris shall be removed and clean up within
24 hours.
17. If the color of the building is to be modified, the revised color scheme shall be
reviewed and approved by the Planning Division prior to painting.
18. This approval shall comply with the requirements of other outside agencies (i.e.,
San Bernardino County Health Department, San Bernardino Department of
Environmental Health Services, and California Board of Equalization), as
applicable.
19. 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.
20. 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.
CUP No. 03-04
Meeting Date: 5/6/03
21. Comply with the County Fire Department, Office of the Fire Marshal Hazardous
Materials Division's letter dated September 17,2003, for guidance and direction
in regards to investigation and remediation of petroleum hydrocarbon on site
(Attachment E).
22. No final Certificate of Occupancy shall be issued until all conditions of approval
have been completed.
23. This permit or approval is subject to the attached conditions or requirements of
the following City Departments or Divisions:
a.
b.
c.
d.
Plan Check Division
Public Works
Fire Department
Public Services Department
Parks, Recreation & Community Services
Water Department
-1lj
e.
f.
...II
A TT ACHMENT "D"
City of San Bernardino
STANDARD REQUIREMENTS
Development Services/Plan Check Division
Property address:.~f>02-3 L DATE: . ~ (lflo3
1. Submit 6 sets o~~~n~~ ~ile 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/Accessibility (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.
2. The title sheet of the plans must specify the occupancy classification, type of construction, if
the building has sprinklers, & the current applicable codes.
3. The person who prepares them must sign the plans. Also, provide the address & phone
number of that person. Some types of occupancies require that the plans are prepared,
stamped, and signed by an architect, engineer, or other person licensed by the State of
California.
4. For structures that must include an engineers design, provide 2 sets of stamped/wet signed
calculations prepared by a licensed architect/engineer.
5. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance
forms are required to be printed on the plans.
6. Submit grading, site, and/or landscape plans to Public Works/Engineering for plan check
approval and permits. For more information, phone 909-384-5111.
7. Fire sprinkler plans, fires suppression system plans, etc., shall be submitted to the Fire
Department for plan check approval and permits. For information, phone 909-384-5388.
8. Signs require a separate submittal to the Planning Division for plan check approval and
permits. For information, phone 909-384-5057.
9. 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.
300 N 'D' Street San Bemardino CA 92418
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] O. Occupancies 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.
11. An air quality permit may be required. Contact South Coast Air Quality Management
Division for information, phone 909-396-2000.
12. 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 & policy number. Owner-builders must provide
proof of ownership.
NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMA TEL Y 4-6
WEEKS FOR 15T CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING
DA YS. 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.
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300 N 'D' Street San Bernardino CA 92418
909-384-507\ Office
909-384-5080 Fax
TO:
DATE:
FROM:
RE:
Aron Liang
05/13/04
Lynn Parker
G & M Oil Company (Conditions of Approval)
Instructions given by Lvnn Parker for Conditions of Approval at the comer of 9th Street
and W aterman Ave:
1. A cut-off for right-of-way 25 feet along Waterman Avenue and 25 feet along 9th
Street. Straight connecting both points.
2. The existing driveways that will not be used must be removed and replaced with curb
and gutter and sidewalk in accordance with City standards.
3. The existing drawings to remain must be modified to provide the handicap accessible
path of travel as shown on drawing 204. If the drawings cannot be so modified, they
must be replaced in accordance with Standard 204.
4. The handicap accessible ramp must be installed at the alleyway at the northeast
comer of the site, and a grading plan must be approved by City Engineer.
5. (He's asked that you use the standard blanket easement wording for landscape
maintenance in case oflack of maintenance).
P.S. If you have any further questions, please call Lynn Parker @ (909) 338-5204 (he's
at home).
CITY OF SAN BERNARDINO FIRE DEPARTMENT
STANDARD REQUIREMENTS Case: C"LlP 02. 32-
Date: q// ,9/5
.
r-J",v1 4/ I ~ A / A Reviewed By: G8/,1
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GENERAL REQUIREMENTS:
i9' Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan check.
QI Contact the City of San Bernardino Fire Department at (909) 384-5585 for specific detailed requirements.
GV The developer shall provide for adequate fire flow. Minimum fire flow requirements shall be based on square footage, construction features, and exposure
information supplied by the developer and!!!!!!! be available Drior to placing combustible materials on site.
WATER PURVEYOR FOR FIRE PROTECTION:
[J/' The fire protection water service for the area of this project is provided by:
o San Bernardino Municipal Water Department-Engineering (909) 384-5391
o East Valley Water District-Engineering (909) 888-8986
o Other Water purveyor.
Phone:
PUBLIC FIRE PROTECTION FACILITIES:
g' Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and mulli-residential areas and at intervals not to exceed
_ /500 feet for residential areas.
~ Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas. Minimum fire
hydrant flow rates of 1,000 gpm at e 20 psi minimum residual pressure are required for residential areas.
~ Fire hydrant type and specific location shall be joinUy determined by the City of San Bernardino Fire Department in conjunction with the water purveyor. Fire
)lydrant materials and Installation shall conform to the standards and specifications of the water purveyor.
[Y' Public fire hydrants, fire services, and public water facilities necessary to meet Fire Department requirements are the develope~s financial responsibility and
shall be installed by the water purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional
information.
ACCESS:
o Provide two separate, dedicated routes of ingress/egress to the property entrance. The routes shall be paved, all weather.
o Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface of not less than 20 feet of unob-
structed width.
o Extend roadway to within 150 feet of all portions of the exterior wall of all single story buildings.
o Extend roadway to within 50 feet of the exterior wall of all multiple-story buildings.
o Provide "NO PARKING" signs whenever perking of vehicles would possible reduce the clearance of access roadways to less than the required width. Signs
are to read "FIRE LANE~O PARKlNG-M.C. Sec. 15.16".
o Dead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround.
o The names of any new streets (public or private) shall be submitted to the Fire Department for approval.
SITE:
o All access roads and streets are to be constructed and usable prior to combustible construction.
o Private fire hydrants shall be installed to protect each building located more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any
exterior wall. The hydrants shall be Wet Barrel type, with one 2;<., inch and 4 Inch outlet, and approved by the Fire Department. Areas adjacent to fire
hydrants shall be designated as a "NO PARKING" zone by painting an 8 inch wide, red stripe for 15 feet in each direction in front of the hydrant in such a
manner thatll will not be blocked by parked vehicles. Lettering to be In white 6" by )02".
BUILDINGS:
');;r' Address numerals shall be installed on the building at the front or other approved location in such a manner as to be visible from the frontage street. Com-
"" mercial and mulli family address numerals shall be 6 inches tall, single family address numerals shall be 4 inches tall. The color of the numerals shall con-
trast with the color of the background.
~D. Identify each gas and electric meter with the number of the unit Il serves.
Fire extinguishers must be Installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A tOBlC. Minimum distribution of
fire extinguishers must be such that no Interior part of the building Is over 75 leettravel distance from a fire extinguisher.
o Apartment houses with 16 or more units, hotels (motels) with 20 or more units, or apartments or hotels (motels) three stories or more In height shall be
equipped with automatic fire sprinklers designed to NFPA standards.
o All buildings, over 5,000 square feet, shall be equipped with an automatic fire sprinkel' system designed to NFPA standards. This includes existing buildings
vacant over 365 days.
o Submit plans for the fire protection system to the Fire Department prior to beginning construction of the system. Permit required.
o Tenant improvements in all sprlnklered buildings are to be approved by the Fire Department prior to start of construction. Permit required.
o Provide lire alarm (required throughout). Plans must be approved by the Fire Department prior to start of installation. Permit required.
o Fire Department connection to sprinkler system/standpipe system, shall be requirad at Fire Department approved location.
8 Fire Code Permit required, apply at 200 east 3rd street, (909) 384-5388.
Fire Sprinkler monitoring required. Plans must be approved by the Fira Department prior to the start of construction. Permit required.
o Occupant Load.
Note: The applicant must request, in writing, any changes to Fire Department requirements.
ADDITI~NALlNFORMATION; 013 -rt:l/ "I Ai.!=-f!..OI./ rv-ry A~O . 0~ A f21!1 r;:Y ttl&!!..1 T5 -
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FPB 170 (03-03)
.
City of San Bernardino Public Services Department
Development Project Conditions of Approval
300 North D Street - 4th Floor
San Bernardino, CA 92418
Project Number: CUP 02-32 Project Planner: Aron Liang Review Date: 9.18.2003
Project Description/Business Name: Demolish & reconstruct service station & food market.
Project Location/Address: APN 0140-182-31 @ 906 North Waterman Avenue. Service Account: new
Reviewed By: Michelle Dyck-Turner e-mail: dyck-turner _ mi@ci.san-bernardino.ca.us Phone:
909.384.5549 #3162
. Standard Development Requirements
,
Project shall meet all applicable Standard Development Requirements as attached.
. Integrated Waste Management Survey
Applicant shall submit an Integrated Waste Management Survey for each of the activities marked below with the initial
application to Planning for approval by the Public Services Department Refuse and Recycling Division prior to issuance of
permits for each activity.
The information contained in the Survey as well as any related comments and mitigation provided by Public Services shall
be summarized in the Initial Study and EIR if required for the project under CEQA.
[:8J Demolition & Site Preparation I 0 Construction / Renovation I 0 Business Operations or Event
. Additional Requirements or Recommendations
Refuse services to location were franchised to Cal's Disposal, property has been vacant more than one year, and is
therefore a City service location.
Please note that applicant must prepare an IWM Survey for the demolition and site preparation acitivities.
MD/PS 6.27.2003
City of San Bernardino Public Services Department
Standard Development Requirements
300 North D Street - 4th Floor
San Bernardino, CA 92418
COMMERCIAL & INDUSTRIAL DEVELOPMENT
Collection Services
1. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and industrial locations
within the City shall be provided by the City of San Bernardino Public Services Department unless otherwise franchised or
permitted. [MC ~ 8.24.140]
2. New accounts require a completed Service Application, with a full deposit and a copy of manuals for all compactor units,
returned to the City of San Bernardino Refuse & Recycling Division prior to issuance of the final Certificate of Occupancy.
3. Shared refuse and recycling services for multi-tenant commercial sites shall be billed to a single owner or property manager;
leases shall include terms to accommodate sub-metered services.
4. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly, and all other
solid wastes shall be removed at least once weekly. [SB County Health, Sanitation and Animal Regulations ~ 33.083]
S. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City recycling services for
maximum diversion within 30 days of opening business, or establish an alternative diversion program to be identified in the
IWM Survey for the project.
Automated Cart Service to Nonresidential Facilities
6. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of
non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet
residential rather than commercial requirements.
Service Vehicle Access
7. Projects shall meet City Engineering requirements for commercial vehicle drive access along the main ingress to and egress from
enclosures. These requirements shall not limit requirements for Fire vehicle access.
8. Property without through access shall incorporate at least one of the following designs:
. A cul-de-sac with a 40-foot turning radius for a 32-foot vehicle length
. A hammerhead turn with a 40-foot turning radius for a 32-foot vehicle length
Gated Access
9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday
through Saturday shall provide access code or key to Public Services.
Shared Collection Areas - Reciprocal Access
10. Front-load bin enclosures and roll-off compactor units may be shared across existing or proposed property lines if enclosures or
equipment provide adequate capacity for anticipated refuse and recyclable materials generation, AND if Reciprocal Access for
shared collection areas is recorded with the property.
Roll-off Compactor Units
1 1. Sealed compactor units dedicated separately to refuse and recyclables may be required to be installed at facilities with an
anticipated waste generation of 60 uncompacted cubic yards per week.
12. Roll-off compactor units must be installed according to manufacturer's and City Engineering specifications with the compactor
hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter for safe access.
1 3. Roll-off boxes at locations receiving City service must meet City rail and hook specifications per City Engineering Standard 510.
Boxes shall be designed with disposal end opposite hook-up; boxes with same-side design may be subject to a roll-back charge.
14. Compactor equipment shall be screened from view of public right-of-way by materials compatible with building architecture and
landscaping as specified by City of San Bernardino Development Code. [MC ~ 19.20.030 (21)]
MD/PS 6.27.2003
1 S. Location, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and compactor
screening, shall be shown on site plans and labeled that construction shall meet City Engineering Standards.
MD/PS 6.27.2003
City of San Bernardino Public Services Department
Standard Development Requirements
Page 2 of 2
Existing Bin Enclosures
16. Existing bin enclosures must have minimum inside dimensions of 7'9" x 9' OR IS' x 4'5" to fit two 3CY bins. Existing
enclosures must have block walls, inside bumper guards or curbing, and solid steel gates, OR enclosure(s) must be reconstructed
to meet Engineering Standard 508. Enclosure may be relocated for best drive access and alignment, plans subject to Public
Services approval. (Please note, if site will generate 2CY or less of solid waste per week, see Residential Collection options.)
Front-load Bin Enclosures & Access
17. Minimum double-wide enclosures of 8 feet by IS feet shall be required for all development to allow for dedicated recycling
bins, except where potential waste generation or space is restricted. [Specifications adopted in accordance with Model
Ordinance as required by CA PRC ~42911]
18. Front-load compactor units must be contained in an enclosure large enough to hold the unit and one additional bin faclng
lengthwise.
19. Front-load bin and compactor enclosures must be constructed according to City Engineering Standard 508. Rear or side
pedestrian entry shall be provided on enclosures for all multi-unit residential development. Pedestrian entry on free-standing
enclosures shall have a 4-foot width, no gate or door, and an 'L' shaped block screen the same height of the enclosure.
20. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved, without crossing
curbs, steps, or driveways.
21. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water.
22. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code ~ 1103.2.2]
23. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures. All other equipment, fixtures, and
materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus supplies are strictly prohibited.
24. Enclosures shall be buffered with landscaping when viewable from public right-of-way, and vegetation shall not restrict gates or
exceed height of enclosure. Include vegetation on landscape plans.
25. Enclosures shall be located with gates aligned for straight access for service vehicles.
26. Enclosures shall not obstruct drive aisles, driveways, loading zones, parking, handicap access, or visibility of cross-traffic from
drive aisles, alleys, or streets. Location shall not cause service vehicle to block access drives during while bins are being serviced.
27. Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to parking shall be
separated by a minimum 2-foot wide curbed area out to the farthest point of both gates, and designed to safely restrict gates
from opening into parking spaces or landscaped areas..
28. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on site plans and
labeled that construction shall meet City Engineering Standards.
Multi-unit Dwellings
29. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved.
30. Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse & commingled recyclables. 80th
chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications adopted in accordance with
Model Ordinance as required by CA PRC ~42911]
MD/PS 6.27.2003
04 08:52a
Andrea Fiscus
714 596-2634
p.2
COUNTY FIRE DEPARTMENT
COUNTY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT
AND PUBLIC SERVICES GROUP
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OFFICE OF THE FIRE MARSHAL
HAZARDOUS MATERIALS DIVISION
620 South "E" Street . San Bernardino, CA 92415-0153
(909) 386-8401 . Fax (909) 386-8460
September 17, 2003
PETER R. HILLS
Fire Chief
County Fire Warden
ATTACHMENT "E"
G & M OIL COMPANY, INC.
16868 A STREET
HUNTINGTON BEACH, CA 92647
SITE #2000032
ATTENTION: JENNIFER TALBERT
SUBJECT: DEVELOPMENT OF A CONTAMINATED SITE
AS A GASOLINE STATION
G & M OIL CO. #119 (FORMER BUY RITE GAS STATION)
906 NORTH WATERMAN AVENUE
SAN BERNARDINO, CALIFORNIA
Pursuant to a phone conversation yesterday with your consultant, Anita Cruz, the
Planning Department of the City of San Bernardino has requested a letter from
the San Bernardino County Fire Department (SBCFD) which states our position
regarding the proposed development of the above referenced site as a gasoline
station. As you are aware, the site is currently under the SBCFD's guidance and
direction in regards to investigation and remediation of petroleum hydrocarbon
impacted soil and groundwater. G & M Oil Company is requesting to install a
new underground storage tank system concurrent with ongoing site investigation
and remediation activity. The SBCFD will grant your request with the following
provisions:
1. There are currently four vapor extraction wells and one groundwater
monitoring well installed the site. These wells shall be protected and
preserved. If this is precluded by development; the wells must be properly
abandoned and replaced with new wells of similar design and function, in
locations satisfactory to and approved by the SBCFD.
2. Corrective action shall proceed in a timely manner and shall not be
delayed due to development Full access to the property shall be
provided, at all times, for continuing assessment and remediation work.
3. If for some unforeseen reason, the tank installation prevents the adequate
assessment or remediation of the contamination, G & M Oil Company
agrees to take whatever actions are necessary (including removal of the
underground tanks and/or piping) to complete the assessment and
remediation of the site.
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f:"eb 03 04 08:52a
Andrea Fiscus
714 586-2634
p.3
September 17, 2003
G & M Oil Station #119
Page 2
Unless this office is notified otherwise prior to the new tank installation, the
installation of the tanks constitutes your acceptance of these conditions.
. If you have any questions, please call me at (909) 386-8419.
t?tud ~r
LISA HOLST, R.E.H.S.
ENVIRONMENTAL HEALTH SPECIALIST"
HAZARDOUS MATERIALS DIVISION
S:TE REMEDIATION/LOCAL OVERSIGHT PROGRAM
cc: Rose Scott, Santa Ana Regional Water Quality Control Board
Katie Poppen, Gradient Engineers, Inc.
Wilma Adler, c/o John Adler, Attorney at Law
Jack Ceccarelli. Restructure Petroleum Marketing Services of California, Inc
Anita Cruz, AJC Consulting
Victor Khouri
Dec 30 02 08:26a
Andrea Fiscus
714 5QATIACHMENT "F""
VARIANCE (V AR02-11)
G&M Oil # 119
906 N. Watennan Avenue
rPJ rn~rnO\~VT~ rQl
UU DEe 3 0 2002 ~
C'iY OF SAN BERNAFl[::,'lQ
L~V~~':PMENT SWIlCES
DEPARTMENT D 0 ~ - ~
Q).\ \
That there are special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of this Development Code
deprives such property of privileges enjoyed by other property in the vicinity and under
identical land use classification;
Strict application of this Development Code deprives this property the use of the rear of
the property for a productive and useful use. If we are required to adhere to the setback,
we will lose approximately 1300 SF of property, which cannot be used in any other
manner.
That granting the Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the vicinity and land use district
and denied to the property for which the Variance is sought;
~
In order to meet parking, landscaping and circulation requirements, a Variance is
necessary for the preservation of a substantial property right of the owner to utilize his
property in the most cost effective and resourceful manner, which will be denied if we are
required to adhere to the setback.
That granting the Variance will not be materially detrimental to the public health, safety,
or welfare. or injurious to the property or improvements in such vicinity and land use
district in which the property is located;
Granting the Variance will not be materially detrimental to the public health and safety,
in fact it will have the opposite effect. If we are required to adhere to the rear setback, it
will make a space that creates an area for people to congregate and loiter behind the
building. This creates an unsafe condition for the employees and the customers that will
be detrimental to the welfare of the public.
That granting the Variance does not co~/.Stitute a special privilege inconsistent with the
limitations upon other properties in the vicinity and land use district in which such
property is located;
Ocanting the Variance does not constitute a special p~iege as it allows the property
owner to utilize the property to it's maximum potential and it protects the property from
the negative effects of vandalism and crime, by removing a potential problem area.
Dec 30 02 08:26a
Andrea Fiscus
714 596-2634
p.3
ThaI granting the Variance does not allow a use or activity which is not otherwise
expressly authorized by the regulations governing the subject parcel; and
Granting the Variance does not allow a use that expressly authorized, as there is currently
a gasoline service station located on this property and the use will continue to be the
same, and is authorized by the current Development Code.
That granting the Variance will not be inconsistent with the General Plan.
Granting the Variance will not be inconsistent with the General Plan as the use is allowed
by Code and is being requested to eliminate a future potential hazard.
.
G&M Oil # 119
906 N. Waterman Avenue @ Ninth Street
San Bernardino
PROJECT DECSCIPTION
G&M Oil recently purchased the property at the above referenced location. The site
currently is an abandoned gasoline service station with an associated food market. G&M
Oil is proposing to demolish the existing facilities and re-build the same use, in a
different configuration. G&M Oil will be requesting a zone variance to build the food
mart building on the rear property line so as not to leave any dead space behind the
building for people to loiter and to use the area as a place to congregate. G&M will be
installing new underground storage tanks, fueling facility and canopy to cover the fueling
area. The food mart will sell retail convenience items, and along with this proposal is a
request for a Type-20 beer and wine license. These improvements will also include all
new landscaping and irrigation along with new drive approaches, one on each street
frontage. The existing pole sign will be removed and replaced with a new, smaller pole
sign to reflect prices and services offered at the gasoline station. Parking, a public
restroom and air/water facilities will also be provided as part of this proposal.
~
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
EXHIBIT 3
To:
ARON LIANG, SENIOR PLANNER
From:
CSO II M. SOTO
Subject:
CONDITIONAL USE PERMIT NO. 02-32, 906 N. WATERMAN AVE.
Date:
SEPTEMBER 23,2004
Copies:
On 8-19-04, I received a telephone call from Senior Planner, Aron Liang, asking for the
police department's comments and standard requirements so he can process the PCN
through the Mayor and Common Council for final consideration.
The police department has no objection, however, recommends the attached conditions.
TIlE SBPD IS CDMMITTED TO PROVIDING:
PROGRESSIVE QUALITYPOUCE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE TIlE QUALITY OF UFE;
A REDUCTION IN CRIME TIIROUGHPROBLEM RECDGNITION AND PROBLEM SOLVING
,
CONDITIONS
906 N. Waterman Ave.
1 . The licensee shall be responsible for posting of signs prohibiting litter and
loitering with management enforcing this and maintaining the area free of
litter and graffiti.
2. Exterior lighting shall be sufficiently and properly maintained to illuminate
all areas of the exterior of the building and property for easy detection of
suspicious and criminal activity.
3. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
4. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz.,
40 oz., or similar size containers is prohibited. No beer or malt beverages
shall be sold in quantities of less than six per sale.
5. Beer, malt beverages, and wine coolers in containers of 16 oz. or less
cannot be sold by single containers, but must be sold in manufacturer pre-
packaged multi-unit quantities.
6. If public telephones are located on the premises, they shall be
programmed for outgoing calls only.
7. Sales and service of alcoholic beverages shall be permitted only between
the hours of 6:00 a.m. and 12:00 midnight.
'\
OFFICE OF 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
December 8,2004
Ms. Andrea Ficus
G & MOil
16868 "A" Street
Huntington Beach, CA 92647
Dear Ms. Ficus:
At their meeting of December 6, 2004, the Mayor and Common Council made a
determination that the public convenience or necessity is served and directed the
Development Services Department to send a letter to the Department of Alcoholic Beverage
Control for a Type 20 (off-sale beer and wine) ABC License for a service station with a
1,904 square foot convenience store located at 906 N. Waterman Avenue in the CG-l,
Commercial General, land use district.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
K~~ t.r rl II A
Rachel G. Clark, CMC ~~
City Clerk v )\) -~~t;;1-'
RGC:lls
cc: Development Services
George Pearson, 16868 "A" Street, Huntington Beach, CA 92647
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty