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HomeMy WebLinkAbout29-Development Services IT r ORIGINAL CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Dept: James G. Funk, Director Development Services Subject: Appeal of Planning Commission Conditions of Approval for Conditional Use Pennit (CUP) No. 04-33 regarding use restrictions. CUP No. 04-33 was approved to constmct a 7,500 square foot retail shopping center on the northwest comer of Mill Street and Rancho Avenue in the CG-l, Commercial Genera1land use district. Date: JWle 14, 2005 MCC Date: July 5, 2005 Synopsis of Previous Councll Action: None Recommended Motion: Contact person: Ben Steckler. Associate Planner Phone: 384-5057 Supporting data attached: StafIReport Ward(s): 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acet. No.) (Acet. DescriDtion) Finance:_ Council Notes: Agenda Item NO.____ 7/5jbS' "'W!~~rlr~~CC"q .. T"c:r:-r.~1X1Iilr"'R. r- T . m rr Tm~,".m "if ~~ " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Appeal of the Planning Commission Conditions of Approval for Conditional Use Permit (CUP No. 04-33 regarding use restrictions. CUP No. 04-33 was approved to co struct a 7,500 square foot retail shopping center on the northwest com of Mill Street and Rancho Avenue in the CG- 1, Commercial General land district. Applicant! Appellant: Ali Yasin 22975 Orangewood Ct. Grand Terrace, CA 92313 951-232-1606 BACKGROUND: The appellants are appealing the Planning Commission's Conditions of Approval for Conditional Use Permit (CUP) No. 04-33 regarding use restrictions. CUP No. 04-33 was approved to construct a 7,500 square foot retail shopping center. Condition of Approval number 22 prohibits those land uses that were already prohibited on an interim basis by Ordinance No. MC-1188. The appellant's argument is that the condition is redundant and should not be applied due to the existence of Urgency Ordinance No. MC-1188. ~e project site is located on the northwest comer of Mill Street and Rancho Avenue (Exhibit 1). At their meeting of April 19, 2005, the Planning Commission voted 4 to 2 (with Commissioners Durr and Enciso absent) to approve Conditional Use Permit No. 04-33 as presented by staff. Commissioners Brown, Coute, Heasley, and Sauerbrun voted in favor of the approval. They concurred with staff that the Condition No. 22 is appropriate, and even went one step further by amending the Condition of Approval to include "pawn shops" separate from the "second hand/thrift stores" designation. Commissioners Morris and Powell voted against the approval because they felt that the condition was not needed with the moratorium created by the urgency ordinance was in place (Exhibit 2). On May 3, 2005 Planning staff received the appeal application (Appeal No.05-l5). The appellants' grounds for the appeal are that the use restrictions in Condition of Approval (COA) No. 22 are covered by Urgency Ordinance No. MC-1188 as adopted in October 2004, and was recently amended and extended on June 6, 2005 (MC-1196). The appellant requests that this COA be deleted from the record. The applicant states that the use restrictions would impact his intent to run the center like he;does with the center across Rancho Avenue in the City of Colton (northeast comer of Rancho Avenue and Mill Street) in which he is a joint owner (Exhibit 3). 1.;!~:lT']Iil'I':=-"""'~:ti!l,,,~,,,v,,,-..,,,,=..".'n~_~,.'- 1r......l j'l FINANCIAL IMPACT None. The appellants submitted appeal fees. RECOMMENDATION 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. 04-33 based upon the Findings of Fact contained in the Planning Commission staff report (dated April 19, 2OOS), subject to the Conditions of Approval (as adopted) and Standard Requirements. EXHIBITS: 1 Location Map 2 Planning Commission Staff Report Dated April 19, 200S 3 Application for Appeal No. OS-IS ~'wlmC"T~lF"r'" ", '"';':::"""_T.""~""'''''''''''''~''~'''''''' ".. ..- '~'''''n' EXHIIJIT 1 CITY OF SAN BERNARDINO PROJECT: CUP 04-33 PLANNING DIVISION (AP 05-15) LOCATION MAP LAND USE DISTRICTS HEARING DATE: 7/5/05 1J NORTH IH II.. T --,- ','~n ' "-~,.' -, _'0'" ,,-, - EXHIBIT 1 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Conditional Use Permit No. ()4..33 AGENDA ITEM: 5 HEARING DATE: April 19, 2004 WARD: 1 OWNER/APPLICANT: AU Yasin 22975 Orangewood Ct. Grand Terrace, CA 92313 951-232-1606 REQUEST/LOCATION: A request for approval of a Conditional Use Permit to construct an approximately 7,500 square foot, multi-tenant retail center on approximately 28,945 square feet of land. The project site is located on the northwest comer of Mill Street and Rancho Avenue in the CG-1, Commercial General land use district. 4' ~'~ CONSTRAINTS/OVERLAYS: None. ENVIRONMENTAL FINDiNGS: o Not Applicable IZI Exempt, Section 15332, In~Fill Development D No Significant Effects D Previous Environmental Impact Report D Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: ~ Approval IZI Conditions o Denial o Continuance to: ~~'H""" CCCC""::":;CCCj~" cc_ cC'T',,'n ,c'l c, "",,'C'_~__'n ,"'^''' ~~_"' <",__'" C ",',_. , ,'--" ,~-N "'_ Lv.lditional Use Permit No. 04-33 Hearing Date: 04/19/05 Page 2 REQUEST AND PROTECT DESCRIPTION The applicant requests approval of Conditional Use Permit No. 04-33 under the authority of Development Code ~ 19.36.050 and ~ 19.06.020 Table 06.01(1) to construct a 7,500 square foot multi-tenant retail center (no restaurants allowed) on approximately 28,945 square feet of land. The project is located on the northwest comer of Mill Street and Rancho Avenue in the CG-1, Commercial General land use district (Attachment A). The proposed hours of operation for the retail facility will be between 8:00 AM - 6:00 PM seven days per week, however staff feels that future uses may need longer hours so we are proposing 7:00 AM to 9:00 PM. See Attachment B for a site plan. SETfING/SITE CHARACTERISTICS The site is basically rectangular in shape and is bounded on the north by the SB Liquor Store in the CG-1, Commercial General land use district. On the west the site is bounded by an alley with residential land uses in the RS, Residential Suburban land use district. Mill Street abuts the project to the south with a laundromat in the CG-1, Commercial General land use district. The east side of the project site abuts Rancho Avenue with a commercial shopping center in the jurisdiction of the City of Colton. ~-- BACKGROUND The project was submitted on December 22, 2004. The Development/Environmental Review Committee (DjERC) reviewed the project on February 10,2005 when the project was moved to Planning Commission. The plans still do not meet/ address all of staff' s c~mments, but staff has addressed the issues (location of path of travel and trash enclosure orientation) through the Conditions of Approval. CALIFORNIA ENVIRONMENT~L QUALITY ACT (CEOA) 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 CONDmONAL USE PERMIT: 1. Is the proposed use on~'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 the applicable provisions of the Development Code, including prescribed development/site standards and any/all applicable design guidelines? ~ ~~"'r ""~"m""- ". - '- ,~ -.- . Lvdditional Use Permit No. 04-33 Hearing Date: 04/19/05 Page 3 Yes, the proposed use is one that may be conditionally permitted within, and 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, as indicated in Table A below. TABLE "A" -DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN CODE Permitted Use Multi-Tenant Retail Permitted subject to Consistent Center (mini-mall) Conditional Use Permit . Height 1 story - 26 feet 2 stories or 30 feet N/A Setbacks - Front 10 feet 10 feet - Side (street) 10 feet 10 feet N/A - Side (interior) o feet o feet - Rear 10 feet 10 feet Landscaping 2,300 square feet 2,291 square feet N/A (15%) (15%) ., "~ Lot Coverage 26 percent 50 percent N/A ,- Parking 32 spaces 30 spaces - Standard 30 28 N/A - Handicap 2 ". 2 2. Is the proposed use consiMent with the General Plan? Yes, the proposed use is consistent with General Plan GoallA. "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 a retail shopping facility to serve the needs of the local residents. -- . ~xi!ltr""~TFCC'f",,:&;:'~"rrJT'~Trc"'=~_mc_~ ~.- - - r ..~ ".~.~->'-'..- .,., "-~-'- Lv.lditional Use Permit No. 04-33 Hearing Date: 04/19/05 Page 4 3. Is the approval of the Conditional Use Permit for the proposed use in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030(6) of the Development 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 any potentially significant negative impacts upon environmental quality and natural 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, and operating characteristics of the proposed use be compatible with existing and future land uses within the general area, and will the project not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to the public interest, health, safety, convenience, or welfare of the City! Yes, the location, size, shape, design, aIlO operating characteristics of the proposed project will be compatible with the existing and future land uses within the general area. The project is located within a commercial land use district intended to serve the commercial (including retail) needs of the public. The project has been designed so that the site layout is compatible with the existing infrastructure. The proposed architectural design is compatible with architecture in the area; and the operating characteristics combined wIth the projects conformance with the Development Code make it compatible with the existing area. No, the proposed project is not anticipated to create any significant noise, traffic or other conditions or situations that may be objectionable or detrimental to the public interest, health, safety, convenience, or welfare of the City. Access Vehicular access to the project site will be via two new driveways (one on Mill Street and one on Rapcho Avenue). Parking Development Code Section 19.24.040 requires the site to provide 30 parking stalls for general retail use, and the proposal meets that requirement. The site has not ~rlT~C~C~"W""" 'c' 'T-~-CrD"""'r'-T"-<' c"", '~~'.,,~'O____" ~..._<- '"~- Lv.\ditional Use Permit No. 04-33 Hearing Date: 04/19/05 Page 5 provided parking for any restaurant uses, so Condition of Approval number 20 restricts the allowable uses on this site. Landscaping The proposed landscaping meets the Development Code requirement of 15%. 6. Is the subject site physically suitable for the densityjintensity 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". 7. Will there be adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use will not be detrimental to the public health 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 indica.ted an ability to serve the project. The proposal will not be detrimental to the~ublic health and safety in that all applicable Codes will apply to the construction and operation of this project. _.n~_'m'~,~""o '.., ."'".w....T>I"...,.~-_.._..- . 1 .. v..,'''''- '-'~_. . c..vllditional Use Permit No. 04-33 Hearing Date: 04/19/05 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. 04-33 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). Respectfully Submitted, J~.~~ Director, Development Services --."- Ben Steckler Associate Planner Attachment A Attachment B Attachment C Attachment D Location Map Site Plan/Photos of Existing Structures Conditions of Approval Standard Requirements ~Iii:'cn.,'",_,,-,-, 'T"'~~-."- "c_ ""--r ..".-......-. m., r --~,_C".-,,__- - -'m,.,,". ATTACHMENT A CITY OF SAN BERNARDINO PROJi:CT: CUP 04-33 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 4/19/05 LJ NORTH ~ IH t;),',," " , " ~. .~II' .. T -.. -.rl'11IIT--- --c'.COW_,- "TYT T1 --- . ~ ~ It It . . I i ~ l I ~ i L_ I i~_ L-__ UF'~' 'y',-,,-,-,""-" -~. ,. . ..' ._~.-- ~I ~. n ~ -:L- t:) ~ Lt"l ~t 0 0 N Z"Z .:0"" ~ j'Zl :z.... (I!. ~"I ~l~ Z -o'a'8 , <( 68 --, , 'Q'~"" il"IfB''tCllOlWlil...... --- - I I', ~J ~ ;. ~ t ~ J~1 12 ,. f ~..- . . . :. g . .. fTI. -, ~~',."=~."w'vn. ~. . ' I ! ~ ~ ) e:r C) ~ "'_... "NJA'Cft:;lN'ftIW.1lIt ISJ.NZ) 9NWdOHS MaN ......... ~ I U' L~ J i ~ I ~! t't ,~ , . 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'" J '( "'I ;; \1 J 1 1. .t.'..1 G>: >, ", ---@ .i@f-1...J:t........t.-- , -L I ,I"l'lt I n___ -t-~--_.~ ;:.: __~~ ii. i!) 1:"\'. .'.).'.. j ~' ! I ,'1,,1\ <j)1 .:i I _A=__<,,1: Jft~1l~J I! i I .-~:~:~a)(, ~ )'1 ,;(?t":l,;;/",,-y '...'X....." '~I {"~\-K/ '_:::_ ~ ",,' t -~~ H ii ~ 1 " .~: I I I ~ ,~ ,\ ! '~\ ; '.\ ~~-2.\.!1o;;- ....,..",;..t ~_JJ---- ,"'''' :.:..:i.: J,:'_' -~~.,:.: ... .c. , ~. \~~ ih-- i~!. ~~a z.... <l:" ;\t. ~~ '8 i .-__ c::> ~' e--J c:::J ~ ~ c'l @ ~ ~ ~ ~ >i:,-'" -------- -- .~r ~--"---""-""' -'"''''''''J''~'-''''"r''''~'~"' .'"~"--" , - "".'~- - Conditional Use Permit No. 04-33 Hearing Date: 04/19/05 Page 9 ATI'ACHMENT C CONDITIONS OF APPROVAL CUP No. 04-33 Mill-Rancho Center 1. This Conditional Use Permit is a request to construct a 7,500 square foot commercial retail center on approximately 28,945 square feet of land. The site improvements include 15% landscaping as well as 32 parking stalls. The proposed uses shall be restricted to retail and office only, no restaurants shall be allowed. The proposed shopping center shall operate between the hours of 7:00 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:- April 19, 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. r<>T'" , """~"",,,",-p,'cr' "q' "".m~.",'"r ' 'r__~'"_ ',>",,' Conditional Use Permit No. 04-33 Hearing Date: 04/19/05 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 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 over the roof or within landscaped areas. Banners and other signs for special eveI!~ (i.e., grand opening) will require a Temporary Sign Permit to be approved by the 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, to be copied into the plans. 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 (i.e. I San Bernardino County Health Department division of Environmental Health Services, and the California Board of Equalization) as applicable. '"~~ -- Conditional Use Permit No. 04-33 Hearing Date: 04/19/05 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 from Rancho Avenue shall be relocated to be between the loading zone and parking stall number 24 in order to provide separation between the path of travel and the trash enclosure. All paths of travel shall be concrete; even when crossing drive aisles, striping on top of asphalt will not be acceptable 16. The trash enclosure shall be oriented to open directly into the drive aisle so that the Public Services Department refuse trucks can have direct access. The enclosure shall meet all requirements of Public Works Standard 508. 17. No restaurant, delicatessen, or other rel~~ed facility may be located within this deyelopment due to the number of parkiitg stalls provided. The only uses that may be located in this center will be those with -a parking requirement of 1 stall per every 250 square feet (such as general retail, general office, etc.) or less. 18. Outside displays and/ or storage is prohibited. 19. No work may be performed outside of the structure, except deliveries may be unloaded from the loading' area and taken into the appropriate tenant space. 20. The center has not been adequately parked to support any restaurant uses (including donut shops, delicatessens, coffee shops, restaurants, etc.), thus no restaurant uses shall be allowed to occupy any of the spaces within the center. 21. Construction-related activities may not occur between the hours of 8 pm and 7 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7 am or leave the site after 8 pm. Construction activities may only occur Monday, through Saturday 22. The following uses shall not be allowed to operate within the center: a) Smoke shops; c_..,~. ,_"~C Conditional Use Permit No. 04-33 Hearing Date: 04/19/05 Page 12 b) "99 Cent Stores"; c) Tattoo Parlors and/ or Body Piercing Studios; d) Second Hand Stores/Thrift Stores; e) Check-Cashing Facilities; f) Convenience Stores within one-mile radius of another convenience store; and/ or g) Automotive Stereo Shops; h) Pawn Shops.* 23. 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. 24. No final Certificate of Occupancy shall be issued until all conditions of approval have been completed. 25. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Fire Department ". b. Municipal Water Department c. Building & Safety Plan Check Division d. Public Works Engineering *Added by Planning Commission 4/19/05. . ~- "'~~~-~~--~'- - '-'~~!ic-r-" ~ ~~ ~"-~-~ -,~ ,,~ ~, -,,.,- CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case: CuP of 33 Date: 2/ /0(05 M,LL- Gr I P-A,.J C H 0 Ave: Reviewed By: C ~4 GENERAL REQUIREMENTS: 'I PnMde llnlt 1CIlIlIoI. let of conatructlon p/an8 to BulkIng and Safety lor FIre OIpertment ... at line 01 pIen check. ConlaIllthe CIly 01 San BImMIno FIre DepeItment at (908) 3lI4-5388lor ipICiIlc dIldId AlqUlremenll. The Wveloper IhaII provide for adequate f1rellow. MInlmurn f1rellow rwqullwmentllhall be bued on equarelootage, COIlIlIucllon fe8luI8l, and exposure InfonnalIon ~ by the del. eloper and I!lIII1 be available * to pledng combIialible materials on lite. WATER PURVEYOR FOR FIRE PROTEcnON: 'SZI [n.-lIIlllect101. n.__ aeMce for the .... oIlhII project Is provided by: San BemInIno MunIcIpIJ Water 0epaIlrnent-Eng (909) 384-5391 East Valley Wilier Dilb~ EngiMerlng (908) 888-8986 0lhIr Water puMIyllr. Phone: lYBUCFlREPROTECTIONFAClLmES: &.i'$ifN<1 sfftl"L- Pfarr -rillS 1<Efo/UJflfStn€M ~ PublIc fII'8 hydranlI_ .-quIted aJong ItIll8ll atlntelvala not to exceed 300 feel for commerclal and mulll.lllldentiale_ and at Intervals not to exceed 500 feel for .........- ~ Fife hydIant'miNrnum Ilow ..tea of 1,500 gpm al a 20 psi minimum residual pmsure are requited for COIlIIIl8lCIaI and multi-relklential al8llS. Minimum fire hydrant flow rates 01.1.000 gpm at a 20 pal minimum reeldual preesunI_ requbed for reeldenlIaIa_. 'GI FIre hydranllype and IplIClfIo location shall be jointly delennined by the CIty 01 San Bemarclno FIre Oepal1menlln ~unction with the water purveyor. Fire rr hydrant mateIfala and InslaIlaflon shall conform to the standards and epeclllcatlons oIlhe water purveyor. ~ PublIc f1rellydranls, Ire services, and pubUc water fecllltles necessary to meet Are Department requIrernants _ the deveIoper's financial reeponslbllity and shal be iIsteIled by the water purveyor or by the developer at the waler purveyor's clscretlon. Contact the waler purveyor indicated above for addlllonaI information. ACCESS: B PnMde two separate. dedicated routes 01 ingresafegresa 10 thll property entrance. The routes shall be paved, all_Iller. Provide an ICC8U road to IeCtI building lor fire apparatus. Access roadway shall heve an all.._lIler driving surface of not less lhan 20 feet of unob- structed wfdIh. o Extend ~ to within 150 feel of aR portions 01 the exterfor waR of aI single story buildings. o Extend roadway to within 50 feet of the 8llIerlor waI of all multiplHlOry buikings. o Provide "NO PARKING" algna wfleMver parIdng of vehicles would possible reduce the clearance 01 access roadways to less than the required Voidlh. 89'S _to ,.. "FIRE LANE NO PARKlNG--aC. 8K. 15.16". o Dead-and stnIela sIIIfI not ellCe8d 500 feet In Ienglh and sheH have a minimum 40 foot radius turnaround. o The nM* of any MW Itreeta (public or private) shall be submitted to th81"1re Departmanl for approval. ~nTE: All __ roads and ItIll8ll _ to be conslructed and usable prfor to combusllble construction. P h)"dr8nts Ihall be lnslaIled to protect each building located more than 150 feel from the curb Ine. No fire hydrants should be wIlhIn 40 feet of any Wet type, wllh 2Y.11nch 4 Inch outlet, and approved by IIle Fire 0lIpartmant. Areas ~ to fire P KI " ntlng 8 Voide, tripe fa feet In redIon I of the nl In such va' . Letterl 10 In willi 6" Y.I". . I e 'P- ~L. ~11. ~LDlNGS: . ~ AdchIa numllfllla shal be lnslaIled on the building 81 the front or other approved location In such a man",r u to be vtslblll from the flOlllllge street COm.. mellMI -.d mufti fIlmIIy 8dchsa numerals shall be 8 inches Iall, single lamily addl8la numerals ahan be 4 IncItea lall. The color olltle mmerals Shall con. trait with the color of the backgRlund. . --- ~ Identify lI8ch gas and eIeclrlc meter wllh the number of IIle unllll serves. '. "- FIre ex\fngulsllela mult be Installed prior 10 the building being oc:cupiIld. The minimum rating lor any fire exllngulaher is 2A 10BfC. Minimum distribution of lire extlngulshera mutt be such that no Interior part of the bl/!kliflg Is over 75 feet lravel distance from a 11111 extlngulsher. o Apallmenl hoUHs with 16 or more units, hotels (motels) v.ilh 20 or more unlls, or apartmanta or hotels (motels) three stories or more In heighl shall bll equipped with automallc fll1I sprlnklera deslgned to NFPA standards. .a'} All buildings, over 5,000 squal1l feet, shall be equipped wllh an automatic fire sprlnksr system designed to NFPA standards. This Includes existing buildings r VKanl over 385 days. SIDnII =:n~re pratectIon system to the Fire OElPB/lJllenl prior to beginning construction of IIle system. Pllrmlt rwqulred. T-*" In all sprInkIeted buiklngs _to be approved by the Fire Department prior to start 01 conatrucIion. Perm. required. ProvIde In alarm (.-quIted throughoul). Pl_ mutt be approvlld by IIle Fire Depal1menl prior to start 0I1nstaIIatlon. Permit required. FIre DIpII1meIIl c:omectIon to ~r system(standplpe sYStem, shaH be required at Fil1l Department approved Iocallon. FIre COde Permll1lquli8d. ~ H':( _.(31: ~q U 11",1::' l:' . FIre SpIfnIder monitoring rwquited. Plana must be approved by the Are Deparlmenl prior to the start of constNctfon. Permit required. Note: The IP\lIICanl must request, In writing, any changes to Are Department AlqUlrements. AOOITIONALINFORMATlON: -P~WI D~' A .f(1JrK PJox (::{jtff'J7<,.' .sy~m . FPe17l1(ll7oGll1 ' -"'^'~'~ ~ '_~~_cw , --'--'-"'-'-'-~,~-,.",----'-' - .w~'_ DRClERC Cae: SA. ,c:RNARDINO MUNICIPAL WATER REPARTMENT STANDARD REQUIREME,TS CONDITIONAL USE PERMIT NO. 04-33 APN NUMBER: EPN NUMBER: REVIEW OF PLANS: OWNER: DEVELOPER: TYPE OF PROJECT: NUMBER OF UNITS: lOCATION: 142-541-37 DATE COMPilED: 2/812005 CONDITIONAL USE PERMIT NO. 04-33 COMPilED BY: Nevarez, Mike SIIIMl as above A1iYasin A request to construct a 7,500 square foot mulli-lenant center on approximately 28,945 square feet of land. o NolthMst comer of Mill Street and Rancho Avenue CONTACT: l.ilchtleld. Matthew PHONE NUMBER: (909) 3&4-5386 FAX NUMBER: (909) 384-5532 Note: All w.tw SeMeN aN Subject to ".. Rules .Regu,.fIona of fII. w.tw De,M1'tmeIIt IilI SIze of MIIn Adjacent the Project 12" Steel in M111nd 12",CIIn Rancho IilI ApprQxImate Water Pnlaure All Elevation of Water Storage: Hydrant Flow @ 2Opsi: IilI Type, SIze. Location Ind DIstance to Nearest Fire Hydrant 2 way et southwest comer of MiD and Rancho o water Supply Study Required 0 Pressure Regulator Required on Customer Side of the Meter o otrsite Weter Facilities Required 0 Water Main Reimbursement Due o Area Not Served by San Bernardino Municipal Water Department o Network Hydraulic Ana~ Required per Uniform Design Standards Comments: Fire Flow test required WATER Q\f~ CONTROL CONTACT: Arrieta, Con PHONE NUMBER: (909) 384-5325 IilI R.P.P. BacIdIow Device Required at Service Connection for Domestic Service IilI Double Check Backftow Device Required at Service Connection for Fire and Irrigation ~ BackfIow Device to be Inspec:ted before Water Service can be Activated o No BacklIow Device Is required at this lime FAX NUMBER: (909) 384-5928 SEWER CAPAqIY IN~TlON ''''''...",. CONTACT: Thom,sen. Neil PHONE NUMBER: (909) 384-5093 FAX NUMBER: (909) 384-5592 Nola: Proof of hyment Must b. Submitted to file Building _Safety Department PrIor to Issuance of file Building Permit o Sewer Capacity Fee Applicable at this lime o Sewer Capacity Fee must be paid to the Water Department for ll. Gallons Per Day: Equivalent Dwelling UnKs: 2 ~ Subject to Recalculation of Fee prior to the Issuance of Building Permit o Breakdown Of Estimated Gallons Per Day COpy TO: Customer; Planning; Engineering Tuesday, February 08, 2005 EPN 2000 Page 1 of 1 . Tlr" r~~- . -..-.- r- ~ ~.. '1 n.-."~..,,.=_.c_.__ , City of San Bernardino . STANDARD REQUIREMENTS Development ServiceslPlan Check Division Propert)' address: "\)J t. \k\t..-l- 'b!. ~ (Z.AJJc..tto DRCI(j!JDP: D4 -'30 DATE: zl (Or o~ NOTE; NO PLANS WILL BE ACCEPTED PLAN CHECK WITHOUT CONDITIONS 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 ofaU areas) d. elevations '~"".,.... e. electrica~ mechanical, & pluiilbing plans f. detail sheets (structural)- g. cross section details h. show compliance with Title 24/Accessibility (disabled access) i. a plaD check deposit fee will be required upon submittal of plans. CaU Development Services (plan check) 909-384-5071 for amount. FOR OF 1. The title sheet of the plaDs ~ust specify the occupancy classification, type 01 construction, if the buildiDg has sprinklers, & the curreDt applicable codes. -. 2. The persoD 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 sigDed by aD architect, engiDeer, 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 calculations prepared by a liceDsed architect/engineer. 4. Provide 2 sets of Title 2411Energy compliaDce forms and calculations. Some compliance forms are required to be printed on the pi aDS. 300 N 'D' Street San Bernardino CA 92418 909-3&4-5071 Office 909-384-5080 Fax .. ...... ... ....T. .._.. ....T"w. ..w.,.~ - '--~, ".,"~'"",.' '.~'.".;g,~~'n'-".',~"'~.." ,.~.~-" 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, fires 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. Occupaoeles that Include restaurants, car washes, automotive repair/auto body, dentist offices, food preparation facllltles or processing plaots, etc. may require approvals and permits from San Bernardino Water Reelamation. 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/Contradors License Law requires that permits can be lssuedto licensed contracton or owner-builders (that are doing the work). Contracton 'must provide their State license number, a city business registration, and worken compensation polley carrier" policy number. Owner-builders must provide proof of ownenhip. :~> NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 4-6 WEEKS FOR 1sT CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMA TEL Y 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 '0' Street San Bernardino CA 92418 909-384-5071 Office 909-384-5080 Fax W- C""' ""'hC'C_ W"" " m--'--'"' ,"".._,~,-- -~--'~~~-~'-" 'T ..'"-~~-~ ' ~-,..._..- ---T~-'-"-"~ , '\11. ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department - Public Works Division Standard Requirements Description: Construct 7.500 ~F multi-tenant center Applicant: AIj Yasin Location: Northwest comer of Rancho Avenue and MIll Street Case Number: Conditional Use Permit No. 04-33 1. Drainalle and Flood Control a) 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. b) 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. -~."'" c) The applicant shall submit Water Quality Management Plan (WQMP). This plan 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). d) Prior to issuance of a grading permit, the City Engineer shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. - ." .,.'....~..l ..~-~.~ Project: Commercial Center at north...est comer of Rancho & Mill Case No. CUP 04-33 Page 2 of7 2. Gradinl! and LandscaDiol! a) If more than l' offill 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. Tbe 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 pennit 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 requited by the City Engineer. .~~ .... e) A liquefaction evaluation is req1:lired 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. f) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall (fonform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). g) A refuse enclosure constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. h) Tbe Refus~ Division shall approve the number and placement of refuse enclosures. DC;(-t : ;\:!~ ",:< \'C',CJ([ : ;';,t'::\L> L~'~ ~" _ \ t<;_ ~ ~ " '(,.iJ'llh:rc:al '- \:llb:~r ~,l :l(}i1l.li...';.:~t ltiIW:.1- i'j' \::;<\;1.-.]; l ,vU .;.:( ,\-~ ">:, 5. "'!A~'I'~r'I7>CC"""CCC~~rc' ........ "I ~-~"..,-'- c "".....~.~ n _ ..~..c .". .., ".,,~~~~.- Project: Commercial Center at northwest corner of Rancho & Mill Case No. CUP 04-33 Page 3 of7 i) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the On-site Improvement Plan. This work shall be part of the On-site Improvement permit issued by the City Engineer. j) All walls shall be constructed of decorative block with architectural features acceptable to the City Planner. k) All fencing shall be shown and detailed on the on-site improvement plan and shall be subject to approval of the Planning Division. I) Interior fencing material within 5 feet of the structure shall be either non- combustible or I-hour fire rated. m) 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. n) 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. 0) 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. p) Where the handicap accessible path of travel crosses drive aisles, it shall be delineated by striping or textured/colored concrete pavement. q) 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. r) The public right-of-way, between the property line and top.ofCurb (also known as "parkway") along adjoining streets shall be landScaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. s) 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 Property Section for execution by the property owner and shall eb.sure 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 r-;CJl ;:"'</L I~ (Cj..: d+;' C\',;'nl~,(..;i;{~-(-~'ilt,',:f ,1\ ,11.;;1.1:\'.-\.::~:1 '_'l';~ih:r ,'; F:~w~):" .\';!;:~k....: ,';"2.', iRI~'""'~'""""" .~" ..",~.",."_,,...T" 'Hr~' ...."~'-.n ._,. 'T-"~~'~ ' ....~='~ Project: Commercial Center at northwest comer of Rancho & Mill Case No. CUP 04-33 Page 40f7 maintenance. A document processing fee in the amount of $200.00 shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. 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. 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 ~!ility cuts into existing streets where the street is not being repaved as part of the required improveme.nts. j) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non- subdivisions) or Section 19.30.110 (subdivisions). ;' :.':<Ki~'- :\.~[:: I-FTFC.:...~i :": _ c-'c\ ~ .>-i ,. ',>:lT~)'.< t! 0 -q ;\Iin,nt'(...:~:,~ l"",'nkr ,~~ I,",nh'\\-i'iL:;I_':'h~" \\ ,~j .::',; I \':.: .j.~.;~,c 'J>::'l:~ ... -- ...-h--r" - - . -. ---"..[--. .. ,. .. ~-.- ~,,<"- .. Project: Commercial Center at northwest comer of Rancho & Mill Case No. CUP 04-33 Page 5 of7 4. Street Imorovement and Dedications a) All public streets within an adjacent to the development shall be improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks and appurtenances, including, but not limited to traffic signals, traffic signal modifications, relocation of public or private facilities which interfere with new construction, striping, shall be accomplished in accordance with the City of San Bernardino "Street Improvement Policy" and City "Standard Drawings," unless _ otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures." Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. b) For the streets listed below, dedication of adequate street right-of-way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: - Street Name Richt of Wav(ft.) Curb Linelft} . Mill Street 50' (Existing) 36' (Existing) -- .,~- Rancho Avenue W (Existing) 32' c) Construct 8"Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer. d) Construct sidewalk:adjacent to the site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). e) Construct Handicap Ramps in accordance with City Standard No. 205 at all curb returns within and adjacent to the project site. Dedicate sufficient right-of-way at the comer to accommodate. the ramp. f) Construct :priveway 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. 'POC'[; ~"i ;~, t,,:.::.rt:(.kl (',J 01..'/\ 1 :.~ T'~,' l~...\'i ,!~ 0.:.: .J1 ~,';lri':lJ1(~~Cl;;! (cnln al::{'.rth\\,\:.'\,j t'orn'..T of Kall'ip, '\:~ ;lidrl..' c.:: 2Qj" ~~i".=-- -,,' ,- -- .----.-'.--1~"~.- .'" -~-- .-.~, -- ,--.- . --. -~~--'-~ -.~ Project: Commercial Center at northwest corner of Rancho & Mill Case No. CUP 04-33 Page 6 of7 g) Curb returns at the intersection of two arterial streets shall be 35 feet unless otherwise approved by the City Engineer. h) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-I and SL-2. i) The developer's Engineer shall prepare design plans for the relocation of the existing traffic signal at the northwest comer of the intersection of Rancho Avenue and Mill Street. The signal design shall include any required changes to the loop detectors. The traffic signal relocation plan shall be approved by the City Engineer prior to start of work on the relocation. j) The developer shall be responsible for all costs associated with relocation of the traffic signal in accordance with the approved traffic - signal relocation plan prior to application for occupancy. The work shall be accomplished by the developer's contractor under permit from the City. s. Required ED2ineerin2 Plans a) The rough grading plan may be designed and submitted in combination with the precise grading plan. b) All public improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. Grading and on-site improvement plans may be submitted on either 24" x 36" or 30" x 42" sheets. A signature block satisfactory ttFthe City Engineer or his designee shall be provided. __ c) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall ~e submitted to the City Engineer for approval. d) Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD"'2000, and shall be submitted at the same time the final mylar drawings'are submitted for approval. e) 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 htto:/ /www.ci.san-bemardino.ca.us/site/pw/default.htm 6. Required En2lneerin2 Permits r a) Grading peimit (If applicable.). b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. n'.H'.l \:( :'~T!,.__C\ j, -- i.(1{ \,j i .'J';q' <; '_0' linK-rei;:; (''-'0\0<;"1" cd j];'i':h\\:~:,:'i (",';-:"1\,'; i j '{,!'l: !p :\ili:_~i;~': ; ; ~,' ~ ~)' -,- ""C> ~~__,.,w, 'OO '0"",,"'."" ' Project: Commercial Center at north west comer of Rancho & Mill Case No. CUP 04-33 Page 70f7 c) Off-site improvement construction permit. 7. ADDlicable Enl!ineerinl! Fees a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount oflOO% of the estimated fee for each set of plans will be required at time of application for plan check. b) The current fee schedule is available at the Public Works Counter and at htto:/ /www.ci.san-bemardino.ca.uslsite/l.w/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. ;" 't~ll-(, '\.! t I. ", :',1 (l!, ~ t:P O";"~') '_\",Jlnh;:\'iu'j ('ulk", ,r;;Jilrlihot.'.,;,r ,j)H;r:C (,i: i\~i;~,;-" ~,):i:i:()( ~?i';:'i ~" '''~"',='T~"''''~' '1 ' ~,~,,- "~" -.,,' '~~"''" ~, -~"" "~"""""""'P"""""-~1, " EXHIBIT 3 CITY OF SAN BERNARDINO Development Services Department, Planning Division 300 North "Eft Street, 3rd Floor San Bernardino, CA 92418 Phone (909) 384-5057 · (909) 384-5080 Web address: www.sbcity.org APPLICATION FOR APPEAL APPEAL FROM A DECISION OF THE (check one) Development Services Director , '~~r:t:=:nental ~eviewCommittee Casenumber(s): (~Y\~~ &'J\~ \j~~~~~'~~, D4.-~~ Project address: 4~c; --l.\Q4 ~~~C~ ~~t~~E.. ~~ ~'Ol.N~\~~) C~ Appellant's name: ~\. \ '1~&\ ~ Appellant's address: ",?..,C\ ";\- c::: lY'{ 0. M.t) ~lnrr~ (" ~. ~ ~ ~~ i'( <). c..c..., (' ~ . Appellant's phone:.J.;3.~ \)~ ~ '2. \b6G '\ -z.. ""3\ ~ Appellant's e-mail address: Contact person's name: Contact person's address: Contact person's phone: Contact person's e-mail address: ~'\6 ~l\ ~~..\"'):':G\:1>1:>\~ \ \ \\':\- "M \~c~~ t~ ~\.~"E:.e.s.\';>E---, (,~~~S"lJ't-~ ~ &-\flM~4~2\@... ':)~\~(fD ,(~ : 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 Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time of the appeal hearing. OFFICE USE ONLY I Date appeal fi~ Received by: .",;....:...',:""'.':-,', ,'.. -.;,/> .,.....-'" ";, ' .~': ~'~,:,,':,';~'~'b,,:";;,f\:,', '.,,>' "',.'- ' ,...~ ;;,.;)."~''i';:~'<~',:. ' '.',' :">;;~~{~?"}"~'?'<1t;}.":~, ,- ;' :'~ . 1 11104 - ~ .-,-,- ~-~ ~~...~" -'.-, - ~~ -- '-..'-' --~---_.- REQUIRED INFORMATION FOR AN APPEAL Specific action being appealed and the date of that action: , C~~~~ <t)~ ~\"'\t\~C~ LL- k4 ~ ~~t\t\~kC! ~,' ' k'o~~ ~~'\~\C\~:'2.C:l~~ \- - - -. -, SPecifi",groUO, dSfO,r~appe&: ~~~ ~\~~~;~~ ~~ LI~~ M~\M..QM..c - \9s 'L" "-' , tyr~t.A.i4JL.~D~ ~ ~~ ~ ~~\~ .. ~~~ '1~'("~,:?Q~~ Actionsought ~p~&~"l:l~ (_1M~~lt'A 0\ ~~~~~~ GL b~ (\ U.~~~Il.M.\: u.C'J'" ,~. .~- ~ - AdWti_~on:~~t~~~ l~ ~ ~t~, C t' i'-^. t~ ~'\..~ ' 7^'v ~ C' 0\/'..0 t..--...;. h ~ .-\ \.~"'{ "^ ~ \j 0.. CLt-~.--' \ ~\ t/v~ s\~ ~\ a.-{ ~~' \c- ~:,\~ / Signature of appellant: 4; fl#L ,I'" iI Date:~ 2 11104 ~"~'m',"', "~,- - ~4 , , , ~.", ',,', w,,~,,~_ Conditional Use Permit No. 04-33 Hearing Date: 04/19/05 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!nianager 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 from Rancho Avenue shall be relocated to be between the loading zone and parking stall number 24 in order to provide separation between the path of travel and the trash enclosure. All paths of travel shall be concrete, even when crossing drive aisles, striping on top of asphalt will not be acceptable 16. The trash enclosure shall be oriented to open directly into the drive aisle so that the Public Services Department refuse, trucks can have direct access. The enclosure shall meet an requirements of Public Works Standard 508. 17. No restaurant, delicatessen, or other related facility maybe located within this development due to the number of parldftg stalls provided. The only uses that may be located in this center will be those with a parking requirement of 1 stall per every 250 square feet (such as general retail, general office, etc.) or less. 18. Outside displays and! or storage is prohibited. 19. No work may be performed outside of the structure, except deliveries may be unloaded from theloading area and taken into the appropriate tenant space. 20. The center has not been adequately parked to support any restaurant uses (including donut shops, delicatessens, coffee shops, restaurants, etc.), thus no restaurant uses shall be allowed to occupy any of the spaces within the center. 21.Construction-related activities may not occur between the hours of 8 pm and 7 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at ,~ , " the construction site ~ 7llI1l or leave the site after 8 pm. Construction activities "'" may only occur Monday through Saturday . 22. The following uses shall not be allowed to operate within the center: a) Smoke shops; ""'f'~'^^~" efT'"~ "''',"''> " " ' " "C~T~CO,' - -":""-f::r'Pi1'm4~e""'~ ConditionalUse Permit No. 04-33 Hearing Date: 04/19/05 Page 12 b) "99 CentStores"; c) Tattoo Parlors and/ or Body Piercing Studios; d) Second Hand Stores/Thrift Stores; e) Check-Cashing Facilities; f) Convenience Stores within one-mile radius of another convenience store; and/ or g) Automotive Stereo Shops; h) PawnShQPS.* 23. 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 Oty staff has verified the survival of the landscaping. 24. No final Certificate of Occupancy shall be issued until all conditions of approval have been completed. 25. This permit or approval is subject to the attached conditions or requirements of the following Oty Departments or DivisiQns: ' a. Fire Department b. Municipal Water Department c. Building & Safety Plan Check Division d. Public Works Engineering * Added by Planning Commission 4/19/05. :;f ,i~,~-!-L,) ,~. ~~' ~,. ..:;.t . ~J '4~ '_" If:' - l.f~~ .:j ,~~~ ,~ ;2)~ .in :r.;'W ':'1 .-:- ~ ~ ~:, ,;-~~.. \~:~,.l' r~-:- ~~;~~;.r~; . ' ~ ;r', i-I,; .:.;..... " ~l,j .!.- ;~~: 'f' A ~ . ':.' I. ~.~ "~i .~j, ":? ~, j /' .// ~.'\. - ~J;" ~,j!*1 ,/i.~.;\0~ '--~.'''iI;:. '." ~:.~.. :"-'~"".~.. .}~t,~1-.~~r .;.~ ,:,,:.~-~;; ,''-, ::?;# .._,:..~~ . ';~:F~1~~ ~~ "1~-~ ",{~ ~ ~~~~'\zm . ~t~7~1 """~ .f.-~.~ I' ~~~ '. ..'";;;;;; ....\~~ '! ;~>'" \~i~ ~ ~~ ,1',. , ;;/~ "i .,;~~ .~ ,I . ;:', j ~':' - . ---.-.-....... ,~ if ~:1 .. "1, ~ "'-,: ,..; Jt'if" ,~ ?r -;J: '.,l,. ." f~'ii'.' ';J.;;~~::: ,,~$' :f ji, ~, z ~~.~;i~~.' t:.~. ,:, .'. .,,_, N ~~~;.-~t'tt .. c'l ., ,. .} ~. ,. .. ,,::~"F " ,"'.i~, .~ ~~:~t ',,< \\ I \ I · f " :..~;>~ },..~. .,_v- L , ." ,. -'~-. -,) '.'/ \\ I ,\ ,.\,' i I I .; .! :-..J. i ',:.:' 't ... ~~~L.. . ";...:;;g~~ ~:~1i5.~ Jf.......... ' ....-.f~~ ;j;~ ~~1"~f'~, tNl&-- .~. ..::l '. "')'::~'lll.. :'TI~.. ~. t~,..., r", i .,; " ,~ !, ,~.. '!(.'..1 .~ ':i< " ~.;' 't.;.\ " -:'.1. 'lfu ~..;~~;_~,. ?'".,'~, f~-,k~. .j:~ ~~<~ i" 't4 '.~ -,e ~~. it "'l) ~,. -i!.~ -- ~~!,. ,~. -'{l ~!~,.;. ~~~~~L .':""I.};. f,~ ,";~~:;, ";t.,." ..l ..ti~~ ." '.~ ,~ f'.' :~ '. 'i~ :J -. . ~.~ .r--. ~'~~'!r'4G' ~:1i .f:I---"',{ fiti'i\':p;; ~'., . &:.~.-! .'f" " 'of............ J('f; .."",.-1' ~<~ .-~ ii~:;,~ \"~J &Y'.., '" '~'\::.> ~\~ " ",,- . _--1. 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 July 7, 2005 Mr. Ali Yasin 22975 Orangewood Ct. Grand Terrace, CA 92313 Dear Mr. Yasin: At the meeting of the Mayor and Common Council held on July 5, 2005, the following action was taken relative to the Appeal of the Planning Commission's Conditions of Approval for Conditional Use Permit No. 04-33, regarding use restrictions. The hearing was closed; and the Mayor and Common Council upheld the appeal. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, (j "/.' 11 h .tl~/~ V\:"''- '-"-''- Rachel G. Clark, CMC City Clerk RGC:lls cc: Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Resnect for Human Dignitv. Honp<tv