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CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
OR\G\NAL
Subject: Appeal of Planning Commission approval
of Conditional Use Permit (CUP) No. 03-08 and
Development Code Amendment (DCA) No. 03-02.
CUP No. 03-08 is a request to construct a 3,220
square foot fast-food restaurant with a drive-thru
located at the southwest comer of Tippecanoe
Avenue and Harriman Place and DCA No. 03-08 is a
request to modify the CR-3 district to allow not
more than two drive-thru restaurants to be located
within two parcels and not more than 600 feet west
of Tippecanoe A venue and immediately north of
Harriman Place; and will also allow one drive-thru
restaurant on the southwest corner of Tippecanoe
Avenue and Harriman Place.
From: James G. Funk, Director
Dept: Development Services
Date: September 30, 2003
MCC Date: October 20, 2003
Synopsis of Previous Council Action:
September 2, 2003 The Mayor and Common Council continued this item to October 20,2003
Recommended Motion:
That the hearing be closed and the Mayor and Common Council deny the appeal and uphold the Planning
Commission's approval of Conditional Use Permit No. 03-08, based upon Findings of Fact contained in the
Planning Commission Staff Report dated June 3, 2003, subject to the Conditions of Approval and Standard
Requirements. ~ F" ~
James G. Funk
Contact person: Aron Liang
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s): 3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acc!. No.)
(Acc!. Description)
Finance:
Council Notes:
Agenda Item NO.1.!l-
J DJJj) /03
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
APPEAL OF PLANNING COMMISSION APPROVAL OF
CONDITIONAL USE PERMIT NO. 03-08 AND DEVELOPMENT
CODE AMENDMENT NO. 03-02
Appellant:
Frank A. Weiser
3460 Wilshire Boulevard, Suite 903
Los Angeles, CA 90010
(213) 399-7806
Conditional Use Permit Applicant
In-N-Out Burgers
13502 Hamburger Lane
Baldwin Park, CA 91706
(626) 813-8263
BACKGROUND:
Mr. Frank A. Weiser, on behalf ofMr. Vibhakerbhai B. Patel, is appealing the Planning
Commission approval of Conditional Use Permit (CUP) No. 03-08.
CUP No. 03-08 is a request to permit the construction ofa 3,220 square foot fast-food restaurant
with a drive-thru in the HUB project area located at the southwest corner of Tippecanoe
Avenue and Harriman Place in the CR-3, Commercial Regional land use district(Exhibit A).
At its meeting on June 3, 2003, the Planning Commission voted to approve CUP No. 03-08.
Commissioners Coute, DUff, Enciso, Morris, Sauerbrun, and Thrasher voted in favor of the
motion and Commissioners Lockett, Vasquez and Welch were absent.
The appellant spoke in opposition ofthe proposed CUP No. 03-08 and filed an appeal to the
Mayor and Common Council on June 18, 2003. The appellant's grounds for the appeal are that
the City has no judgement vesting property title in the City's name and the acquisition process is
subject to ongoing eminent domain action (Exhibit C). The Inland Valley Development Agency
(IVDA) has a pending condemnation lawsuit against Mr. Vibhakerbhai Patel. The court in this
condemnation case has granted an Order for Possession of this property to the IVDA.
The appellant is also appealing Development Code Amendment (DCA) No. 03-02. DCA No.
03-02 is to amend Development Code Chapter 19.06 (Commercial Districts) to modify the CR-3
district to allow not more than two drive-thru restaurants to be located within two parcels and not
more than 600 feet west of Tippecanoe Avenue and immediately north of Harriman Place; and
will also allow one drive-thru restaurant on the southwest corner of Tippecanoe Avenue and
Harriman Place. This Amendment was tabled by the Planning Commission with no discussion
and there is no action pending for consideration by the Mayor and Common Council regarding
this Development Code Amendment.
AP No. 03-JO
Hearing Date: JO/20/03
Page 2
Senior Deputy City Attorney Henry Empeno advised the Planning Commission that presently
there was no court order that would prohibit the City from processing and taking action on CUP
No. 03-08. CUP No. 03-08 complies with all applicable provisions of the Development Code for
processing entitlements. The appellant's grounds for the appeal are not relevant to land use
planning.
Please refer to the Planning Commission Staff Report, Exhibit B for additional discussion.
This appeal was scheduled for consideration at the September 2,2003, Mayor and Common
Council meeting, but continued at the request of the appellant.
FINANCIAL IMPACT
None. The appellant submitted the appeal fee.
RECOMMENDATION
Staff recommends that the Mayor and Common Council deny the appeal and uphold the
Planning Commission's approval of Conditional Use Permit No. 03-08, based upon Findings of
Fact contained in in the Planning Commission Staff Report dated June 3, 2003, subject to the
Conditions of Approval and Standard Requirements
EXHIBITS:
A Location Map
B. Mayor and Common Council Staff Report Dated August 26, 2003
EXHIBIT A
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
PROJECT: DCA 03.02
CUP 03-08
AP 03.10
HEARING DATE: 10/20/03
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EXHIBIT B
. CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From:
Dept:
James G. Funk. Director
Development Services
Subject: Appeal of Planning Commission approval
of Conditional Use Permit (CUP) No. 03-08 and
Development Code Amendment (DCA) No. 03-02.
CUP No. 03-08 is a request to construct a 3,220
square foot fast-food restaurant with a drive-thru in
located at the southwest corner of Tippecanoe
Avenue and Harriman Place and DCA No. 03-08 is a
request to modify the CR-3 district to allow not
more than two drive-thm restaurants to be located
within two parcels and not more than 600 feet west
of Tippecanoe Avenue and immediately north of
Harriman Place; and will also allow one drive-thm
restaurant on the southwest corner of Tippecanoe
Avenue and Harriman Place.
Date:
August 26, 2003
MCC Date: September 15, 2003
Synopsis of Previous Council Action:
None
Recommended Motion:
That the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of
Conditional Use Permit No. O3-OS, based upon Findings of Fact contained in DC'lelopment C9de. C'h1pter 1936,
Conditions Use Permits, Section ~9.36.050.. ~'W\i4 f ~ __
James G. Funk
Contact person: Aron Liang
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s): 3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
1f*-
Agenda Item No. J..lo
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
APPEAL OF PLANNING COMMISSION APPROVAL OF
CONDITIONAL USE PERMIT NO. 03-08 AND DEVELOPMENT
CODE AMENDMENT NO. 03-02
Mayor and Common Council Meeting of September IS, 2003
Appellant:
Frank A. Weiser
3460 Wilshire Boulevard, Suite 903
Los Angeles, CA 90010
(213) 399-7806
BACKGROUND:
Conditional Use Permit Applicant
In-N-Out Burgers
13502 Hamburger Lane
Baldwin Park, CA 91706
(626) 813-8263
Mr. Frank A. Weiser, on behalf of Mr. Vibhakerbhai B. Patel, is appealing the Planning
Commission approval of Conditional Use Permit (CUP) No. 03-08.
CUP No. 03-08 is a request to permit the construction ofa 3,220 square foot fast-food restaurant
with a drive-thru in the HUB project area located at the southwest corner of Tippecanoe
Avenue and Harriman Place in the CR-3, Commercial Regional land use district (Exhibit A).
At its meeting on June 3, 2003, the Planning Commission voted to approve CUP No. 03-08.
Commissioners Coute, Durr, Enciso, Morris, Sauerbrun, and Thrasher voted in favor of the
motion and Commissioners Lockett, Vasquez and Welch were absent.
The appellant spoke in opposition of the proposed CUP No. 03-08 and filed an appeal to the
Mayor and Common Council on June 18,2003. The appellant's grounds for the appeal are that
the City has no judgement vesting property title in the City's name and the acquisition process is
subject to ongoing eminent domain action.
The appellant is also appealing Development Code Amendment (DCA) No. 03-02. DCA No.
03-02 is to amend Development Code Chapter 19.06 (Commercial Districts) to modify the CR-3
district to allow not more than two drive-thru restaurants to be located within two parcels and not
more than 600 feet west of Tippecanoe Avenue and immediately north of Harriman Place; and
will also allow one drive-thru restaurant on the southwest corner of Tippecanoe Avenue and
Harriman Place. This Amendment was tabled by the Planning Commission with no discussion
and there was no action for consideration by the Mayor and Common Council.
AP No. 03-10
Hearing Date: 9/15/03
Page 2
Senior Deputy City Attorney Henry Empeno advised the Planning Commission that presently
there was no court judgement to prohibit the City from processing and taking action of CUP No.
03-08. CUP No. 03-08 complies with all applicable provisions of the Development Code for
processing entitlements. The appellant's grounds for the appeal are not relevant to land use
planning.
Please refer to the Planning Commission Staff Report, Exhibit B for additional discussion.
FINANCIAL IMPACT
None. The appellant submitted the appeal fee.
RECOMMENDATION
Staff recommends that the Mayor and Common Council deny the appeal and uphold the
Planning Commission's approval of Conditional Use Permit No. 03-08, based upon Findings of
Fact contained in Development Code, Chapter 19.36, Conditional Use Permits, Section
19.36.050.
Respectfully Submitted,
James Funk
Director of Development Services
Aron Liang
Senior Planner
EXHIBITS:
A Location Map
B. CUP No. 03-08 Planning Commission Staff Report Dated June 3, 2003
C. Application for Appeal No. 03-10 Dated June 18,2003
EXHIBIT 1
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
PROJECT: DCA 03-02
CUP 03-08
AP 03-10
HEARING DATE: 9/15/03
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EXHIBIT 2
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No.Q3-08
I
June 3,2003
3
OWNER
In & Out Burgers
13502 Hamburger Lane
Baldwin Park, CA 91706
626.812.8263
APPLICANT:
MSL Engineering, Inc.
402 W. Arrow Highway, No. H
San Dimas, CA 91706
909.305.2395
REQUEST/LOCATION:
A request for approval of a Conditional Use Permit to construct and operate a 3,220 sqnare
foot fast-food restaurant with a drive-thru in the HUB project area. The proposed project
will be in two phases, with Phase I for construction of the restaurant and Phase II for
demolition of the existing drive-thru restaurant and completion of the remaining on-site
improvements. The project site is located at the southwest comer of Tippecanoe Avenue
and Harriman Place in the CR-3, Commercial Regional land use district.
CONSTRAINTS/OVERLAYS:
Flood Zone X (shaded) and Tri City Corporate Centre Overlay District
ENVIRONMENTAL FINDINGS:
o Not Applicable
o Previous EIR, the HUB Project
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
o Approval
o Conditions
o Denial
o Continuance to:
r -'ditional Use Permit No. 03-01i
June 3. 2003
Page 2
REOUEST AND LOCATION
The applicant requests approval of a Conditional Use Permit under the authority of
Development Code Section 19.06.020, Table 06.01 (D) (4) to construct and operate a 3,220
square foot fast-food restaurant in the HUB project area. The proposed project will be in two
phases, with Phase I for construction of the restaurant and Phase II for demolition of the
existing drive-thru restaurant and completion of the remaining on-site improvements. The
project site is located at the southwest comer of Tippecanoe Avenue and Harriman Place in
the CR-3, Commercial Regiona11and use district (Attachment A).
The site has been designed with a fast food restaurant fronting Harriman Place with parking
immediately to the south of the building and landscaping located through out the project
premises. The layout includes an outdoor seating area and the drive-thru aisle extending
along the easterly property boundary and around the restaurant with the entrance area
approximately 170 feet on the south side and the pick up window on the north side. Vehicular
access to the site will be on Harriman Place (Attachment B).
Operational Characteristics
The proposed business hours for walk-in will be from 10:30 am to midnight and the drive-thru
service will be from 10:30 am to 2:00 am, seven days per week. The proposed project
anticipates the creation of about 50 jobs.
SETTING/SITE CHARACTERISTICS
The property site is irregular in shape and consists of approximately 1.07-acres. Surrounding
the project site to the north is a vacant lot in the CR-3, Commercial Regional land use district.
To the west, south and adjacent to the site is the new Sam's Club, which is under
construction. To the south is the Interstate Freeway 10 on-ramp. To the east and across
Tippecanoe Avenue are commercial activities in the CG-l, Commercial General land use
district.
BACKGROUND
The DevelopmentlEnvironmental Review Committee (DIEDRC) first heard this project on
April 24, 2003 and moved the project to Planning Commission. At their meeting of May 20,
2003, the Planning Commission approved a tentative parcel map for the HUB project area.
This parcel map created the lot for the new IN-&-Out Burgers as well as Sam's Club and
future commercial uses.
~dlllonal Use rermlll\JO. v~-uo
June 3. 2003
Page 3
FINDINGS AND ANALYSIS
1. 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), fast-food
restaurants with drive-tbrus are permitted in the CR-3, Commercial Regional 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".
TABT E "A" DEVET OPMENT CODE Al"!D G~NERAT fl.AN CO~FO~MANS;;E
" - " ,
CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN
CODE
Permitted Use Fast-food Restaurant Permitted subject to N/A
with a Drive-thru Conditional Use Permit
Height I story - 26 feet 2 stories or 30 feet 2 stories or 30 feet
Setbacks
- Front 26 feet 10 feet N/A
- Side (street) 26 feet 10 feet
- Side (interior) N/A feet o feet
- Rear 174 feet o feet
- Drive-thru Aisle 26 feet 25 feet
Landscaping 11,175 square feet 7,000 square feet N/A
(24%) (15%)
Lot Coverage 6 percent 50 percent N/A
Parking 43 spaces 33 spaces N/A
- Standard 41 31
- Handicap 2 1
Drive-thru 6 car stacking 6 car stacking N/A
, 'ditiona/ Use Permit No. 03-08
June 3. 2003
Page 4
2. Is the proposed use consistent with the General Plan?
Yes, the proposal is consistent with the General Plan goals, objectives and policies as
follows:
General Plan Goal IB states: "Provide employment opportunities for existing and
future residents of the City and those of adjacent communities"
The proposed project will provide employment and retail service opportunities for
local residents and the surrounding community.
General Plan Policy 1.17.30 states: "Continue and expand the Tri-City/Commercenter
and Club areas as region-serving mixed use centers; capitalizing on their location
along the Interstate 10 corridor, and establishing a well-defined linkage to the City's
major commercial and industrial districts and residential neighborhoods".
The project has been designed and conditioned to ensure compatibility
with adjacent commercial and to minimize traffic safety concerns.
3. Is the approval of the Conditional Use Permitfor 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 EIR prepared for the HUB project addressed the relocation ofIn-N-Out
Burgers to this site. The applicable mitigation measures are carried over for this
project. The EIR mitigation measures mitigate and address traffic and circulation
issues.
4. Are there potentially significant negative impacts upon environmental quality
and natural resources that could not be properly mitigated and monitored?
The EIR identified certain environmental categories (transportation and circulation, air
quality, noise and, cultural resources) for potential significant adverse impacts
including cumulative impacts. Both project-specific and cumulative impacts were
evaluated in the EIR. The City found that these issues and sub issues as discussed in
the conclusions in the EIR can be mitigated below a level of significant and for those
issues which cannot be mitigated, the MCC adopted Findings of Fact and a Statement
of Overriding Considerations.
5. Are the location. size. design. and operating characteristics of the proposed
use compatible with the existing andfuture 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?
r 'ditional Use Permit No. 03-08
June 3, 2003
Page 5
The proposed project is compatible with the area and will be a complementary
land use to the surrounding retail commercial activities. The proposal is a
community-serving retail facility, which will attract people from within the
City and the surrounding area. 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.
Site Desi~
The proposed layout complies with Development Code Section 19.06(2)(1)
development standards for drive-thru restaurants. These standards include but
not limited to: 1) 6-car stacking behind the menu board, 2) construct the drive-
thru aisles with (pCe) concrete, 3) provide drive-thru aisles with 12-foot width
on curves and II-foot width on straight sections and 4) drive-thru aisles, and
structure are set back 25 feet from ultimate curb face.
The proposed fast-food restaurant has been designed to comply with the new
Sam's Club for architectural theme elements, materials and colors. The
architectural elements include ledge stone veneer, trellis, awnings, arches &
projections, columns, and other decorative features for the restaurant building.
The finish materials and colors will compliment those of the Sam's Club
building.
Access
Vehicular access to the project site will share the driveways to the new Sam's
Club shopping center. There will be three major entrances to the new Sam's
Club site on Harriman Place. The extension of Harriman Place through the
HUB project site is currently under construction. All new cuts for driveways,
curbs and gutters as a part of Harriman Place street improvements and
extension will be in place in time to accommodate this proposal.
Parkinl1 and Stackinl1
The Development Code Section 19.24.040 requires 32 parking spaces for this project.
The proposal provides overflow of parking stalls with 41 standard and 2 handicap for
a total of 43 stalls. The Development Code requires 6-car stacking behind the menu
order board. This project provides stacking for 11 vehicles while proving adequate
on-site parking and circulation.
LandscllPinl1
The proposed landscaping of 24% on site exceeds the Development Code
requirements. .
r viilional Use Permit No. 03-08
June 3. 2003
Page 6
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 for lot coverage, height limitation, setbacks, landscaping and parking
requirements as discussed and illustrated in Table "A".
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.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Conditional Use Permit.
RECOMMENDATION
Staff recommends that the Planning Commission approve Conditional Use Permit No. 03-08
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,
I/wWJ C .1!D*.ItN :sr
James G. Funk b-
Director of Development Services
~
Aron Liang
Senior Planner
Attachment A
Attachment B
Attachment C
Attachment D
Location Map
Site Plan, Floor Plan and Elevations
Conditions of Approval
Standard Requirements
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP No. 03-08
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 6/3/03
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A TT ACHMENT C
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 03-08
I. 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. Phasing of project
construction/development shall be as follows:
Expiration Date: June 6, 2005
2. 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.
3. 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.
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.
C",'.
4. 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.
5. 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.
6. 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.
7. 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.
8. The speaker boxes shall be maintained so that no noise level shall be audible
beyond the property line.
"".,' ._.
9. Signs/banners may not be placed on or over the roof or within landscaped areas.
10. The applicant shall be responsible for posting signs prohibiting litter and loitering.
Management shall be responsible for enforcing this provision.
11. All graffiti shall be removed within 24 hours of its occurrence. The management
shall take a photograph of the graffiti and provide to the Police Department before
removing.
12. rfpay phones are installed, they shall be placed within the building and setup for
outgoing calls only, with no incoming calls allowed.
13. This permit or approval is subject to the attached conditions or requirements of
the following City Departments or Divisions:
a. Plan Check Division
b. Public Works
c. Fire Department
d. Water Department
e. . Public Services Department
f. Parks, Recreation & Community Services
....,..
)
City of San Bernardino
STANDARD REQUIREMENTS
Development ServiceslPlan Check Division
-
Property address:
DRCICUP/DP: c.u P 03-08
DATE: c:::r(z4/fJ '3
NOTE; NO PLANS WILL BE ACCEPTED
CHECK WITHOUT CONDITIONS OF
IMPRINTED ON PLAN SHEETS.
Submit 6 sets of plans, minimum size IS" 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/Accessibllity (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.
FOR PLAN
APPROVAL
1. The title sheet of the plans must specify the occupancy classification, type of construction, If
the building has sprinklers, & the current applicable codes.
2. The person who prepares them must sign the plans. Also, provide the address & phone
number of that person. Some types of occupancies require that the plans are prepared,
stamped, and signed by an architect, engineer, or other person licensed by the State of
California.
3. For structures that must Include an engineers design, provide 2 sets of stamped/wet signed
calculations prepared by a licensed architect/engineer.
4. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance
forms are required to be printed on the plans.
5. Submit grading, site, and/or landscape plans to Public WorkslEnglneering for plan check
approval and permits. For more Information, phone 909-384-5111.
300 N '0' Street San Bernardino CA 924\8
909-384-507\ Office
909-384-5080 Fax
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. 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.
10. An air quality permit may be required. Contact South Coast Air Quality Management
Division for information, phone 909-396-2000.
11. State of California Business & Professions Code/Contractors License Law requires that
permits can be issued to licensed contractors or owner-builders (that are doing the work).
Contractors must provide their State license number, a city business registration, and
workers compensation policy carrier & policy number. Owner-builders must provide
proof of ownership.
NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 4-6
WEEKS FOR 1ST CORRECTIONS. EXPEDiTIOUS REVIEW IS APPROXIMATELY 10 WORKING
DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND
DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT
CORRECTIONS.
Comments:
300 N 'D' Street San Bernardino CA 92418
909-384-5071 Office
909-384-5080 Fax
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICESIPUBLlC WORKS DIVISION
CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N..oUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANITIPPECANOE
. NOTE TO APPUCANT: Whef8 separate Engineering plans are f8qulf8d, the applicant is
f8sponsible for sUbmitting the Engineering plans directly to the Engineering Division. They
may be submitted prior to submittal of Building Plans.
1. Drainage and Flood Control
a) The development is located within Zone X (shaded) on the Federal
Insurance Rate Maps and may be subject to sheet overflow to a depth of
less than 1 foot in a 100 year storm; therefore all building pads shall be
raised above the surrounding area as approved by the City Engineer.
/
b) All drainage from the development shall be directed to an approved public
drainage facility. If not feasible, proper drainage facilities and easements
shall be provided to the satisfaction of the City Engineer.
c) If site drainage is to be outletted into the public street, the drainage shall
be conveyed through a parkway culvert constructed in accordance with
City Standard No. 400. Conveyance of site drainage over the Driveway
approaches will not be permitted.
d) Applicant shall mitigate on-site storm water discharge sufficiently to
maintain compliance with the City's NPDES Storm Water Discharge
Permit Requirements. A "Notice of Intent (NOI)" shall be filed with the
State Water Quality Control Board for construction disturbing 1 acre of
more of land.
Page 10'10 Pages
4/2812003
,,~,-
-,
,
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P. 03.()8 DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N-OUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANITIPPECANOE
e) The City Engineer, prior to grading plan approval, shall approve an
Erosion Control Plan. The plan shall be designed to control erosion due
to water and wind, including blowing dust, during all phases of
construction, including graded areas which are not proposed to be
immediately built upon.
2. Grading and Landscaping
a) If more than l' of fill or 2' of cut is proposed, the site/plot/grading and
drainage plan shall be signed by a. Registered Civil Engineer and a
grading permit will be required. The grading plan shall be prepared in
strict accordance with the City's "Grading Policies and Procedures. and
the City's "Standard Drawings", unless otherwise approved by the City
Engineer.
b) If more than 1,000 cubic yards of earth is to be hauled on City Streets
then a special hauling permit shall be obtained from the City Engineer.
Additional conditions, such as truck route approval, traffic controls,
bonding, covering of loads, street cleaning, etc. may be required by the
City Engineer.
c) A liquefaction evaluation is required for the site. This evaluation must be
submitted and approved prior to issuance of a grading permit. Any
grading requirements recommended by the approved liquefaction
evaluation shall be incorporated in the grading plan.
d) An on-site Improvement Plan is required for this project. Where feasible,
this plan shall be incorporated with the grading plan and shall conform to
all requirements of Section 15.04-167 of the Municipal Code (See
"Grading Policies and Procedures").
Page 2 of 10 Pages
4/2812003
\
I
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03-O& DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN.N-QUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANfflPPECANOE
.
e) A refuse enclosure constructed in accordance with City Standard Drawing
No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15
feet, unless the Public Services Department, Refuse Division, approves a
smaller size, in writing.
f) 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.
g) The Drive-through lane and the parking area adjacent to the building shall
be constructed of PCC concrete pavement.
h) 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 1 foot-candle of illumination uniformly
distributed over the surface of the parking lot during hours of operation
and 0.25 foot-candles security lighting during all other hours.
i) 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.
j) 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.
Page 30flO Pages
4/2812003
,~
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03-OS DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N-OUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANITIPPECANOE
k) Where the handicap accessible path of travel crosses drive aisles, it shall
be delineated by striping or textured/colored concrete pavement.
I) A reciprocal easement shall be recorded prior to grading plan approval if
reciprocal drainage, access, sewer, and/or parking is proposed to cross
lot lines, or a lot merger shall be recorded to remove the interior lot lines.
m) 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.
n) The public right-of-way, between the property line and top of curb (also
known as "parkway") along adjoining streets shall be landscaped by the
developer and maintained in perpetuity by the property owner. Details of
the parkway landscaping shall be included in the project's on-site
landscape plan, unless the parkway area is included in a landscape
maintenance district, in which case, a separate landscape plan shall be
provided.
0)
A Landscape Maintenance District shall
landscaping within the following areas:
Laurelwood Avenue.
be implemented to maintain
Tippecanoe Avenue and
p) All required maintenance districts shall be formed prior to issuance of
grading permit.
q) Separate sets of Landscape Plans shall be provided for the Landscape
Maintenance District.
Page 4oflO Pages
4/2812003
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICESIPUBLlC WORKS DIVISION
CASE NO: C.U.P.03-OS DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N-QUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANITIPPECANOE
r) 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 ensure that, if the property owner or subsequent owner(s)
fail to properly maintain the landscaping, the City will be able to file
appropriate liens against the property in order to accomplish the required
landscape maintenance. A document processing fee in the amount of
$200.00 shall be paid to the Real Property Section to cover processing
costs. The 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) Sewer main extensions required to serve the site shall be constructed at
the Developer's expense.
c) This project is located in the sewer service area maintained by the City of
San Bemardino therefore, any necessary sewer main extension shall be
designed and constructed in accordance with the City's .Sewer Policy and
Procedures. and City Standard Drawings.
d) Utility services shall be placed underground and easements provided as
required.
Page 5 0'10 Pages
4/2812003
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03'()S DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N-oUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANITIPPECANOE
e) A street cut permit, from the City Engineer. will be required for utility cuts
into existing streets where the street is not being repaved as part of the
required improvements.
f) All existing overhead utilities adjacent to or traversing the site on either
side of the street shall be undergrounded in accordance with Section
19.20.030 (non-subdivisions).
g) 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 ).
h) Sewers within private streets or private parking lots will not be maintained
by the City but shall be designed and constructed to City Standards and
inspected under a City On-Site Construction Permit. A private sewer plan
designed by the Developer's Engineer and approved by the City Engineer
will be required. This plan can be incorporated in the grading plan, where
practical.
Page 6 of 10 Pages
4/2812003
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N..oUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANlTIPPECANOE
4. Street Improvement and Dedications
a) All public streets within and 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 Right of Way~ Curb Line@
*TIPPECANOE AVENUE 65' - 60'* *SEE COMMENTS
LAURELWOOD AVENUE *SEE COMMENTS *SEE COMMENTS
*SEE APPROVED/FILED IMPROVEMENT PLAN NO. 10373
Page 70f10 Pages
4/2812003
,y~-
'I
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N-oUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANITIPPECANOE
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 Driveway Approaches per City Standard No. 204, Type II,
including Handicap by-pass. Remove existing driveway approaches that
are not part of the approved plan and replace with full height curb & gutter
and sidewalk.
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-1 and SL-2.
5. Required Engineering Permits
a) Grading permit (If applicable.).
b) On-site improvements construction permit (except buildings - see
Development Services-Building Division), including landscaping.
Page 80(10 Pages
4/2812003
l
.
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N.QUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANITIPPECANOE
c) Off-site improvements construction permit.
6. Applicable Engineering Fees!
a) Plan check and inspection fees for off-site improvements - 4% and 4%,
respectively, of the estimated construction cosf of the off-site
improvements.
b) Plan check and inspection fees for on-site improvements (except buildings
- See Development Services-Building Division) - 2% and 3%, respectively,
of the estimated construction cose of the on-site improvements, including
landscaping. .
c) Plan check and inspection fees for grading (If permit required) - Fee
Schedule available at the Engineering Division Counter.
1 All Fees are subject to change without noUce.
2EsUmated ConstrucUon Cost for Off-Site Improvements Is based on a list of stllndard unit prices on file with
the Public Worlrs Division.
3 EsUmated ConstrucUon Cost for On-Slte Improvements Is based on a list of standard unit prices on file
with the Public Worlrs Division.
Page 9 of 10 Pages
4/2812003
.,.~..t:;:.
~
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03-OS DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N-OUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANITIPPECANOE
d) Drainage fee in the approximate amount as follows based on $0.455 per
square foot for the first 3,000 square feet of impervious lot area (estimated
as 85% of the net lot area), then $0.156 per square foot of remaining
impervious lot area or fraction thereof: $3,724.03
e) Traffic system fee in the estimated amount of $29,000.50. Based on
1,598 trips per day @ $16.689 per new trip generated by the project.
The City Traffic Engineer shall determine exact amount at time of
application for Building Permit.
f) Sewer Connection fee in the approximate amount as follows based on
$257.70 per 3,000 square feet or fraction thereof: $515.40
g) Sewer inspection fee in the estimated amount as follows based on $21.72
per connection: $21.72
h) Street or easement dedication processing fees in the amount of $ 200.00
per document.
Page 10 of 10 Pages
4/29/2003
~
-6"w -ri PI?"::" ~oG'~/LL~MRrJJ~
,
GENERAL REQUIREMENTS:
~ Provide one addiUonaI HI: of construction pla"$ to Building and Safety fer Fire Department use at time 0' plan check.
Contact the CIty of San Bernardino Fire Department at (909) 384-5585 for specinc cMtaJled requirements.
The developer shall provide for adequate tire flow. Minimum fire flow reQUlremems shaU be based on square footage, construction features. and exposure
information suppled by the developer and !!!y!! be aV8ilab~ Drior to pl8C1ng combustibJe materials on site.
1
CITY OF SAN BERNARDINO FIRE DEPARTMENT
STANDARD REQUIREMENTS Case: ~~ ~3 -oA
Date: . l
Reviewed By: '4~ I? /
.
WATER PURVEYOR FOR FIRE PROTECTION:
to The fire protection _tar seMce for the area of this projact is provided by:
~ 0 Sen Bemardlno Municipal Waler ~l1menl-Engineering (909) 384.5391
o Em Velley Waler Diolrict-Englneering (909) 888-8986
o Other Weier PUMlY'l"
Poona:
PUBUC FIRE PROTECTION FACILITIES:
~ Public fire hydrants.. required along streets at intervals not to ex~d 300 feet for commarcial and muhj.residential areas and at inlervals not to exceed
soo feel lor_ _.
~ Fire hydrant minimum flaw rat.. of 1,500 gpm at a 20 psi minimum residual pressure ars required for commercial and multi-residential areas. Minimum fire
>" hydrant flow rates of 1.000 pn at a 20 psi minimum ....idual p!'8SSure are required for residential areas.
10' Fife hydtent type end specific Iocalion shall be joinUy delerminecl by the City 01 Sen Bernardino Fire Depel1menl in conjunction with the waler purveyor. Fire
7" hydrsnI m81_ end ____ sheJI conform 10 the llend8rdo end specificalions 01 the water purveyor.
~ Public fire hydrants, In services. and public water facilities necessary to meet File Department reauirements are the developer's financial responsjbiIity and
'j\ shall be installed by the water purveyor or by the developer at the waler purveyor's discretion. Contact 1he wate. pul'\<eyot indicated aboYe tor additional
information.
ACCESS:
8 Provide two separate, dedicated route& of ingress/egress 10 the property entrance. The routes shall be paved, all weather.
Provide an aoc:eu road to each building for fire apparatus. Access roadway shaft have an all-weather driving surface of not less than 20 feel of unob-
8lrucled _.
o Extend roadway to oMthm 150 teet of all portions of the elderior wail of all single s:ory buildings.
o Extend roadway 10 within 50 feet of the oxterior well 01 ell multiple.story buildings.
o Provide "NO PARKING- signs whenever parking of vetlicJes 'NOuld possibfe reduc~ the clearance of access roadways 10 less than the required width. Signs
ere 10 read "FIRE LAN~O PARKlN~.C. Sec. 15.1S".
o Dead-end streets shall not exceed 500 feet in length and shall "ave a minimum 40 foot radrJS turroarIJund.
o The names of any new streets (public or private) ahall be submitted to the Fire Department for ctpprol/al.
SITE:
':25. AD access roadI and streets are to be constructed and usatHe prior to combustibte constrtrction.
o Private fire hydrantI.haII be inataIIed 10 protect each buildirg located more them 150 feel from t.ls curb line. No fire hydrants shoukl be Mthin 40 feet 01 any
exterior wall. The hydrants shall be We' 1lafNlIype. with one 21h Inch and 4 inch outl~t and approved by the Fire Department Areas adjacent to fire
hydrants shall bedulgnated u. "NO PARKING- zone by painting an R inctl wide, hid slnpe (or 15 fee' in each direction in front of lhe hydrant in such a
manner that it wII not be blocked by parked vehiCles. lettering to be in while 6" by h".
BUILDINGS:
l\:Y Address numerals shall be instaJled on the butlding at the 'rvnt or other a~p;cvelj liJ.:at;("'l ,n ~....-:'h 3 manner as 10 be visible from the frontage street. Com.
J"C. mercjal and multi family addrels numerals shaH be 6 inches tall. single tarr.i1y ad(jfe~.~ !'ll.'m':::"3Is shall ~ 4 inches tall. The color of the numerals shall con.
!rast \\flh the color of the baCkgrourr:l.
~ ldenlify each gas and electric malar 1MI:h the {tUmOOr of t~ unit 11 selVes.
e - Fire extinguishers must be in&taJktd prior to it.e bllildi"g being ccclot:'ied. The minlml!ffi ratin-J I. \.. ,::n,; firs extinguisher is 2A lOB/C. Minimum distribution 01
lire extingutshers must be such that no im~ricr part 0' tt-.e buHding i~ o.....er 7'5 ;eettra'Je: d;st:.;.lCc hom a lire eldinguisher.
o Apartment flOUl8a with 16 or more units. hotels (motels) ~th 20 or lOO(a units, o. apa.1nlllr:t!; :':'f hoti:Hs {moteJs} three stories or more in height IhaiI be
equipped with automatic fire ,prinklflrs OEtsigr;ed to NFPA staildaro:.;.
o All buildings, over 5,OCXJ square fMlt. shall tie equipped with an ailtoHlahc fIre $I.)linke" :;~'50:;;;'f' ddsi~neC tl) NFPA standards. This includes existing buUdings
yecanl over 365 days. ____ C .< J
~ Submit plans lor the fire protoction system t,j .he Fife OeJ).,ftr:lert ~r1c,r to bt:::ginnmg (A)n::II;.:,:tl..,'1 of the :;y~tarn. p. errml required. /"'CI:. .;Jf.~Sflor"
n Tenanl improvements in al spri!'Jk4ered b\Jildil t('s are to bf' approve:i bv 1I",e Fire Department poor to staft 'J1 construclion. Permit required. :Jy n-~ fY"\
o Provide fire ala"" (required thl'OlJ9houtl. Pll;ln5 '":"lust t-e approved t:t fl'",(, Fire DCpclrtment prior to siart ~if ,nstallatloi:. Pamllt required.
i Fire Depclrtment connection 10 sprinlder s/st~m:standojpP. Sjster.l shal! tie reQuired at Fl.e Departm(!nt..PEp~ved location
Fire C_ PonnII required, sppIy el200 e.sl -'rd streel. (%9) :;a4.5.ltl8 ~ l' -:;5~ IV' 8Ly 1'1<5S'7"Av/l r
Fire Sprinkler monitoring required. Plans. Inust tJe approv~ by tilt) F II ~ Department prior to the slart 01 construction. Pe~equired.
o Occupanl Load.
Note: The applicant must request, in writing. ar.y ;~"angE'l~ 10 Flrlo ilepartmen! requirements.
ADDITIONAl. INFORMATION: _
FPBI70(O)-Cl31
SAN~~OMVNIClPAL WA'l'EltI)EpAR~
STANDARD REQUIREMENTs
io..;ewofPlaao~ c.u..P ~C1. O~ D.te.., 'loci' s= 9-D:1
~ r~- -0",-. fl.r.E't;; /~f.~~: '7>,""/~p
Typecf~t'l"'w:~u.tJ""'/l)Pl.tA'rE 'N~N"f1v..rJ~= N......oIU.. . ' A
r........... Se.A.l1\wr('T (l'lfNU 1!lE.nt~UllU..
WAftII nll:PAlI'Rn'NT DGINDRIN"~ .
Ccmt.ct: ::J"1J<IE~ 'bYf_ .......: ~. F.: ~ - ST:J 1-
Nullo: AU W... .s.Mc. ... Subject to lba RuJee a: 11.,,-'- atllae Wiler ~.
J(SiaofWaiuAd~IIIaPrqj.ol: /2." ~c...TiLL I~YfPe.. ,tJ J.J.~ PlAce-
)f.AppnllIimotoW_Pr 1I1U:~ EM.Ibaotw.r.1lI :z. H"hutFlowa20poi:
I( Type, Si&, LocoIioa, aad ~ to N_ PiN H)"dnaI; " - ~ Fr-
IN-~-O 'T ;r
oF
c...
o I'reraIn ~OI" Requizad OIl. t"botomcr'. sid. em .. MeIer.
o OfHo W.... PMi1iIi.o ltecpred. .
o Asea Not Served by s... Benludillo M",,;,,;p.1 W.... ~.
cC"""'-',
WATI:R OUAUTY NlNTRnJ,'
Caaot: l' AW A-RJ.JP~ ""'- ~ Fo: ~- rz.. (,0
"R.P.P. ,- '-'1owDevioe~~""'ice(,Ol.<1>";"" J:oR.. l>oMESTlc..- SU"tL--
)(Dauble CMck Boclcflow o.v;c.lteIpsired oj ~ c ow. rot. 11tR.Iti,f1l0~..... flU--~E-IW'c..I,
~ Davlce to be Ir"ll " ~ Befoce W.. Servioo _ be AcIWcocI.
o No BoddIow Device JleqIIinId .tna TimL
blVlRONMJ::NT AL fYlN'I'ROLIINDII!I'I'RIAL W AS'I'E,
CoI1lad: A~Y r-M'py 1'hoIlo:~-.n..1~ F.:.m-S-z..S-9
Noel: NO Briae R'8"''''.'' W_ ~ Nay be r-u.d. U.... HoIdioc lad IIIuIiDs it Provided for !be Briae. AU w.....,.....
will be a 12110 GaJJoa CopKity wiIh a SaqlIe 1lo11Dc~l(Ied.
o IIlclusIrial Wut" lWmit bquind.
C G.- ~......~. C SaadIOiI ~ llequinld. 0 No InuM oj Ibis T_.
o~bquind.
_WEll ~.&.PAf'!nVIN1i'nD"~"ON~
C~ NUL '1'l\otol\~(I\IPboae: :r'4t/-5D93 FlIX: 38'1-rn-v
NOle: Proof ofl'~ MUll be Subn1iIted to lhe Buiklina . Safety ~ Prior to ,'.,"_ of the 1Io.;ld:... PermiI.
C No So_ c.p..,ily P... Ai>r" LID d This Tm..
)(s...... C8jlKiIy Foe MUll Be PlIid 10 the W_ ~ for fila pane.;. Per Day, EquivaIoot DweI1iDc Uaits: ~,1l8
o SubjIct to Reoalculatioo of F.... Prior to tbe J- -. 01110,;"1'" Pennit.
Bnookdown ofPatu..-l GaJIoaa Per Day, ?4 ~ d!t I ~ = I.lItJ..r
,
L4: ~.fir eIii~ AI. .,lR/rt - 3Da
(~~.J,.-,) 8>10 .<.<
~fIJ,"" C!WJl
City of San Bernardino Parks, Recreation and Community Services Department
Standard Requirements
"
In-n-Out Burger
Tippecanoe Ave.
Case: Cup 03-08
Date: 5-27-03
Reviewed by: Jim Gondos
General Requirement:
( X) Commercial Industrial and Multi-Unit
() Assessment District
() Residential
() Purpose, Guidelines and submittal procedure
( X) Irrigation and Landscaping Plans.
() Contact the City of San Bernardino Parks, Recreation and Community Services
Department at (909) 384-5217 or 384-5314 for specific detailed requirements.
Specific Requirements:
( X) Maintenance of landscape areas
() Planter Areas
() Interior Planter Areas
( X) Irrigation Systems
() Setback Areas
() Slope Areas
() Ground Cover and Bedding Material
() Erosion Control
() Weed Control
Plant Materials:
() Plant list and climatic conditions
( X) Street Trees
( X) Plant Material Size Requirements and Ratios
Inspection and other Requirements:
( X) Irrigation System
( X) Landscaping
() Hardscape Items
( X) Street tree Specifications
() Arborist Report
() Removal or destruction of trees
( X) Screening Requirement (City, Dev. Code)
Note: The applicant must request, in writing, any changes to the Parks, Recreation and Community
Services requirements. Additional information:
Standard reauirements are issued for the landscaoinlZ and irrilZation of this oroiect. The desillD
theme of the frontalZe alonlZ Tiooecanoe and Harriman Place will include turf to match existinlZ
oroiects.
_-!r.~:
.
City of ~an Bernardino Public Services Department
Development Project Conditions of Approval
300 North 0 Street - 4th Floor
San Bernardino, CA 92418
.
"
Project Number: CUP 03-08 Project Planner: Aron Liang Review Date: 4.24.2003
Project Description/Business Name: Demolish and relocate In-N-Out Burger fast food restaurant and drive thru.
Project Locadon/Address: APN 0281-082-16 et al (current site @1944 South Service Account: Jack's
Tippecanoe)
Reviewed By: Michelle Dyck-Tumer 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.
C8J Demolition & Site Preparation I 0 Construction / Renovation I D Business Operations or Event
. Additional Requirements or Recommendations
Applicant shall complete an Integrated Waste Management Survey for the demolition and site preparation of the project.
Applicant shall also redesign refuse enclosure to meet Public Works Standard 508, dimensions 8 xIS', incoroporatlng
the attached pedestrian access design. Any storage areas for grease bins or any other bins or equipment other than refuse
and recycling bins must be enclosed In a separate (but may be adjacent) enclosure. Enclosure alignment and access for
services vehicles is acceptable as drawn.
MD/PS4.22.200J
v
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
I. 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 Oty of San Bernardino Refuse & Recycling Division prior to issuance of the final Certificate of Occupancy.
3. Shared refuse and recycling services for multl.tenant commercial sites shall be billed to a single owner or property manager;
leases shall Include tenns, to accommodate sub-metered services.
4. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twlce weekly, and all other
solid wastes shall be removed at least once weekly. [SB County Health, Sanitation and Animal Regulations ~ 33.083]
5. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish Oty recycling services for
maximum diversion within 30 days of opening business, llJ: 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 4O-foot turning radius for a 32-foot vehicle length
. A hammerhead turn with a 4O-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.
Roll-off Compactor Units
10. 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.
11. 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.
12. 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.
1 3. 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)]
14. 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.
MDIPS4.22.2003
City of San Bernardino Public Services uepartment
.standard Development Requirements
l'age 2 of 3
'~.xlstIng Bin Enclosures
1 5. Existing bin enclosures must have minimum Inside dimensions of 7'9" x 9' OR 1 5' x 4'5" to fit two 3CY bins, with block walls,
Inside bumper guards or curbing, and solid steel gates, OR enclosure(s) must be reconstructed to meet Engineering Standard
508, and the enclosure may be relocated for best drive access and allenment, plans subject to Public Services approval. (Please
note, If site will generate less than 2CY of solid waste per week, see Residential Collection opdons.)
Front-load Bin Enclosures & Access
16. Minimum double-wide enclosures of 8 feet by 1 5 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]
17. Front-load compactor units must be contained in an enclosure large enough to hold the unit and one addltlonal bin facing
lengthwise.
18. 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 +foot width, no gate or door, and an 'L' shaped block screen the same height of the enclosure.
1 9. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved, without crossing
curbs, steps, or driveways.
20. Enclosure pads shall be level to restrict bins from drifting and deslened for proper drainage of surface water.
21. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code ~ 1103.2.2]
22. 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.
23. 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.
24. Enclosures shall be located with gates aligned for straight access for service vehicles.
25. 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.
26. 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..
27. 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
28. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved.
29. Disposal chutes Incorporated Into multi-story buildings must have dedicated chutes for refuse & commingled recyclables. Both
chutes shall be c1eariy and permanently labeled at each chute opening and exit. [Specifications adopted In accordance with
Model Ordinance as required by CA PRC ~42911]
MDIPS4.22.2003
City of San Bernardino Public Services Department
Standard Development Requirements
l':Ige 3 of 3
.
RESIDENTIAL TRACTS 8{ LOTS
Collection Services
1. Resldendal refuse and recycling services are to be provided by the City of San Bernardino Refuse 8{ Recycling Division a
minimum of once weekly.
2. The City shall provide upon requen one set of a blue, green, and black 96 or 64-gallon automated service cart to each single
family unit, OR one set to every 2 units In muld-unlt dwellings up to B units.
3. Commercial requirements shall apply to all muld-unlt dwellings over 8 units, unless otherwise approved.
4. Nonresidendal establishments such as small offices, shops, meedng 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 residendal block receiving automated cart service shall meet
resldendal rather than commercial requirements.
Automated Cart Storage 8{ Access
5. Resldendal units shall connruct a minimum 4 feet by 11 feet concrete pad located out of view of public right-of-way for norage
of each set of up to 4 automated carts. If visible from the public right-of-way, the norage area shall be screened by landscaping,
or masonry or solid wood fencing.
6. The path of travel from the storage pad to street shall be condnuously paved without step or curb with 4-foot minimum gate
openings In walls and fencing. The path of travel may Include a paved driveway or pado area.
Service Vehicle Access
7. Projects shall meet City Engineering vehicle access requirements on all meets within a resldendal tract. These requirements shall
not limit requirements for Fire vehicle access.
Curbside Service Area
8. A minimum 14-foot linear space on the street along the curb adjacent to the driveway of each residence must be clear for
automated service carts, with a minimum 2-foot setback and 13-foot verdcal clearance of all obnrucdons such as structures,
fences, and raised landscaping.
Gated Access
9. Gated properties that are locked and unmanned on service days anydme between the hours of 5 AM and 5 PM Monday
through Saturday shall provide access code or key to Public Services.
MDIPS4.22.2003
,.....
fity of SIl/l BenIllrdillo
Devell1fment services
..
DepllrtlllCllt
,
Application for Appeal
A? \JS-\\)
EXHffiIT 3
APPEAL FROM A DECISION OF THE (check one)
o Development Services Director;
~.Development!Environmental Review Committee; or
)SI.. Planning Commission
Casenumber(s): ~~e.,-~"'I>....K" c..~e ~\o'.R~-~' tlS-oc. o.~..l c..._~\.~;,..._\ ~S.e
, \t..,_~1oc:. ..s'O. 1;)'3-..e'l ' :
Project address: ' ~ \..:s - ' Q""Z. ~ \ ; ,,~ 2. -\.~ J \ -, 2f: ,L. r . So r:: !) ~
, .
Appellant's !lame: \~\\~ _~,-", ~,~~\' -I,;- ~\""......L""'lt..":> ~. \....\~\
. ,. '. . ',.'
Appellant's address: \o;:\u,," b. ,-, 00 ~r~"t.. ' ~4e., <:;. 0..-> ~e.~ ""~v.l...... c p". 0...'1."1.,,'6'
" I
1.\1\0
Appellant's phone: ("\<:>....') "',\.t~. ~ 1"2.. \
Contact person's name: ~ ....<>-.....'L. ~. We.';.su_. ~~c>w ",,~...:>..c '-""..::>
Contact person's address: ~""'o--'L: V:>N~- '5\.VP.. \,::,,~c\...:,~ ~'\..\II:>'1 'S.-\.e. c)"\:>'3.'\.. .fl.'. C#.,
Contactperson'sphone:C"'t.'1."~,,\I{-C;;'I.h4 0,," ....00-.'0
~,~\ ,o,p"..... ~l:>b
Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application fonn
within 15 days following the final date of action, accompanied by the appropriate appeal filing fee.
,
Appeals are nonnally scheduled for a determination by the Planning Commission or Mayor and Common
Council within 30 days of the filing date of the appeal. You wi\1 be notified, in writing, of the specific date and
time of the appeal hearing. <
OFFICE USE ONLY
Date appeal filed: ov\:%\~3
Received by: ~ ~ -
fDJ rncsrnowrn fnl
UU JUN t 8 2003 12;
CITY n ~AN BERNARr "
t..lL'J.'MENT SflNI ,,'J
UEPARTMEN I ".;>
, .
5/\10\
REQUIRED INFOll.MA TION FOR AN APPEAL
.pecific action being appealed and the date of that action: "l;iQ.v.. "...\. ,,~ c.... ~ ~'.~\. ",_\ ~t (.
.. .
l(.e.v....:.~ ~o. l::ll-o~ ~~",......~.b..') ("\o......<:\...........~-> o..o.:>,l o~".k....., ot
0... ~..r'U-.l€ ~.rv- ~.....s~ . \oeJ... vel:\- ~v-.....-~ I> '" ~~~,lt.\..\. ....~~ r\
th/..\;)t....~ \pc.......bd. _~ \C\\4~. V~O'L~""""O(.. ~').l!. S......... ~lt._~~vJ..:...o (A
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\'t ~t..V'.,d.
Specific grounds for the appeal: \..~~...v-\:.s' O\...,.e ~ ~~v..CyS" ~ \Q.,.\~S.
"'.... \!:-r:......,.oe. ~...e., ~ c::~ \.........5 ~o ~~~VJ-A: ___1.c -Q...re.tc_-\:::
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~O.'..>a P..__..........x. ~.P....... "-'\;:;. ~o"'?~~\J ~ -.J. l(...&:.(.\...~:~. Co-s... ~.
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. " ~~...~ tI\..(.,As or- \!).~.+ sM.e ~~.s\,:>,~~":>..
Action sought: T
~~..)e.v~e ~,e.e."{'- "" 0...... c..\.l~
~le \'\0. OJ-o<...
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Additional information:
., .
Signatl1reofappel1ant~~ n. ~^')D.:..." .....~........:>...,~o..,.
~\,i\.\.~
Date: ,- \'\ -D 3
2
5/1101
..5c',T-19-03 13:17
.
pet is 03 10:24p
1133837368
LAW OFFICE FRANKWEISER
P.01 R-034
2133837368
Job-406
p.1
LAW OFFICES
FRANK A. WEISER
LEONARD NASATlA
OF COUNSEL
3460 WILSHIRE BOULEVARO,SUITE 903
LOS ANGELES, CALIFORNIA 90010
TELEPIIONE: (213) 384.4iPG4
FACSIMILE: (213) 383-7368
REFER TO FILE NO.
October 20, 2003
BY FACSIMILE
Henry Empeno
Deputy City Attorney
City Attorney's Office
City of San Bernardino
300 N. "0" Street, 6th Floor
San Bernardino, CA
By Facsimile - (909) 384-5238
Re: City Council Appeal for
University Inn Motel located
at 1914 S. Tippacanoe Ave,
concerning Inn & Out Burger
expansion onto motel property/
Hearing set for October 20, 2003
at 7:00 p.m. in Citv Council Chambers
Dear Mr. Empeno:
Pursuant to our conversation last week, I am
sending you this letter to codify our understanding that my
clients, Vibhakerbhai B. Patel and Vimalaben V. Patel, owners
of the property locate at 1914 S. Tippacanoe Avenue, San
Bernardino, California, request a contiuance of the above
referenced appeal for approximately one month. The purpose of
the request for a contiuance is to determine if the is matter
can be settled without further litigation.
As you know, my clients secured a $674,000 judgment
against the Inland Valley Development Agency several weeks
ago ln the San Bernardino Superior Court located at 351 N.
Arrowhead Avenue, San Bernardino, CA in the case entitled
Inland Vallev Development Aqencv v. Vibhakerbhai B. Patel. et
al.; Case No. SCVSS 089192. While we were gratified that the
jury in a 11-1 verdict rejected the IDVA's appraisal of
$518,000, my clients believe that had they been able to
present additional evidence that they would have been able to
secure a much higher judgment. Additionally, there remain
issues (including other issues that I will not detail in this
letter) regarding the IDVA's right to even take the property.
Nevertheless, an offer has been made to the IDVA to
settle this matter which I believe will be presented to the
City Council for consideration.
r-\en'"\
1f: \9
IO/wjo3
OCT-19-03 23:27
'"
Oct is 03 10:24p
2133837368
LAW OFFICE FRANKWEISER
P.02 R-034
2133837368
Job-406
p.2
Henry Empeno
Deputy City Attorney
City Attorney's Office
City of San Bernardino
Re: City Council Appeal for
University Inn Motel located
at 1914 S. Tippacanoe Ave.
concerning Inn & Out Burger
expansion onto motel property/
Hearing set for October 20, 2003
at 7:00 p.m. in City Council Chambers
October 20, 2002
Page 2
By Facsimile - (909) 384-5238
I will be attending the scheduled hearing tommorrow
night and look forward to seeing you at that time.
I appreciate you
cooperation in the matter.
continuing
courtesy
and
Sincerely,
~ 0--.tA.0~
Frank A. Weiser
Attorney at Law
FAW:aw
1)502 ""moor};'''' L;,rn:
R;aklwiP PaTk. Califlbtnia 9170'-S8US
((j:lbl 813-32UU
~ - c-P.
. - ~ .....- - (-~
IN.NsOUT
C!il~ 8URGER
Oclober 20, 2003
The Best Enterprise
Is ^ Free &ttprpriS4:""
HAND DELIVERED
Mayor and Comrron Council
Community Development Commission
City of San Bernardino
300 North 'D' Street
San Bernardino, California 92418
Re: City of San Bernardino (the 'City") Planning Commission Concfrtional Use Permit o:Hl8 (the 'Cup") af In-N-
Out Burgers iINO')
Dear Mayor Valles, Common CounCIl and Community Development Commission:
k; the City is ifN3re, INO is committed to the economic development and prosperity of the City. k; part of
this comrritmen~ over \he past several years INO has been an active participant in \he HUB Project INO believes the
HUB Project WIll benefit the City in numerous ways, includIng the redevelopment of the HUB Project area, the creation
of jobs, the availability of additional retcilers and services to the community and the related street and intersection
imprOVements to Tippecanoe Avenue, Harriman Place and Laurelwood Drive.
100 consensually agreed to make a significant expencfrture of the time and resources of INO to reIocale
INO's business to a new and expanded restaurant containing a sit doWIl eating area, a driv&-thru lane with stacking
for seventeen (17) cars and ample parking. k; piilt of the new restaurant faality of INO, INO was required 10 obtain
the CUP from \he City.
Unfortunately, for reasons that do not direcUy relate 10 the CUP, the decision of the Planning Conwnission to
issue the CUP has been appealed. INO understood the City intended to indemnify INO from any loss and fiabifily in
oomection with the appeal. Re<;en1Iy, however, INO was informed Ihalthe City was not WIlling to indermify IND.
Faced with the prospect of either potentially becoming involved in extraneous matters or retracting the CUP unbl the
mailers are resolved, INO chooses lIl1emporarily retract the CUP application.
The foregoing decision of INO should not be construed as a lack of resolve or CO!TITlitrnent of INO to
proceed forward and participate in the HUB Project INO has enjoyed the support of and has been an active
participant in the local community for over twenty-one (21) years at the Tippecanoe restaurant Furthermore, INO
intends 10 continue \0 operate at the existing Tippecanoe restaurant until the completion of the new restaurant
INO is grateful for its relationship with !he City and looks forward 10 an eKpanded presence in the City once
the impediments 10 INO's expansion have biDfM/l1ll1lltll Record It
C",,,,!:,IIr.mvOevCms Mtg:
Very truly yours,
IN-N-QUT BURGERS bv .
L~~ ;;: ' re !\Hellda Item 1#1
~r .:/... ~IJa...-1 ~,L IA -,J' J.. L
Fred G. Encinas, CCIM WlJA.../r }It..(UWl4..) J)ejJIA
Director of Real Estate
City Clerlc/COC Secy
City of Slin Bernardino
"God Bless America" . The Customer Is Everything To Us
/~/IJJ()3
( jq)
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "0" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
October 22, 2003
Mr. Frank Weiser
3460 Wilshire Blvd., Suite 903
Los Angeles, CA 90010
Dear Mr. Weiser:
At the meeting of the Mayor and Common Council held on October 20, 2003, the following
action was taken relative to the Appeal of the Planning Commission's approval of Conditional
Use Permit No. 03-08 and Development Code Amendment No. 03-02, to construct a 3,220
square foot fast-food restaurant with a drive-thru located at the southwest corner of Tippecanoe
Avenue and Harriman Place:
That the matter be tabled.
Our records indicate that we have not yet received the $75 fee for processing your request to
continue the above matter from September 15, 2003 to October 20, 2003. Please make your
check payable to the City of San Bernardino and mail it to the address listed above.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
~/~JJ . alatt
Rachel G. Clark, CMC ~Jn,-
City Clerk
RGC:lls
cc: Development Services
In-N-Out Burgers, 13502 Hamburger Lane, Baldwin Park, CA 91706
CITY OF SAN BERNARDINO
ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
ORiG\NAL
Subject: Appeal of Planning Commission approval
of Conditional Use Permit (CUP) No. 03-08 and
Development Code Amendment (DCA) No. 03-02.
CUP No. 03-08 is a request to construct a 3,220
square foot fast-food restaurant with a drive-thru in
located at the southwest comer of Tippecanoe
Avenue and Harriman Place and DCA No. 03-08 is a
request to modify the CR-3 district to allow not
more than two drive-thru restaurants to be located
within two parcels and not more than 600 feet west
of Tippecanoe A venue and immediately north of
Harriman Place; and will also allow one drive-thru
restaurant on the southwest comer of Tippecanoe
Avenue and Harriman Place.
From:
Dept:
James G. Funk, Director
Development Services
Date:
August 26, 2003
MCC Date: September 15, 2003
Synopsis of Previous Council Action:
None
Reconunended Motion:
That the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of
Conditional Use Permit No. 03-08, based upon Findings of Fact contained in Development Code, Chapter 19.36,
Conditions Use Permits, Section 19.36.050. _~ F ~ ___
James G. Funk
Contact person: Aron Liang
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s): 3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Ace!. No.)
(Ace!. Description)
Finance:
Council Notes:
'fjJs/b.L
Agenda Item No. ~lQ
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
APPEAL OF PLANNING COMMISSION APPROVAL OF
CONDITIONAL USE PERMIT NO. 03-08 AND DEVELOPMENT
CODE AMENDMENT NO. 03-02
Mayor and Common Council Meeting of September 15, 2003
Appellant:
Frank A. Weiser
3460 Wilshire Boulevard, Suite 903
Los Angeles, CA 90010
(213) 399-7806
Conditional Use Permit Applicant
In-N-Out Burgers
13502 Hamburger Lane
Baldwin Park, CA 91706
(626) 813-8263
BACKGROUND:
Mr. Frank A. Weiser, on behalf of Mr. Vibhakerbhai B. Patel, is appealing the Planning
Commission approval of Conditional Use Permit (CUP) No. 03-08.
CUP No. 03-08 is a request to permit the construction ofa 3,220 square foot fast-food restaurant
with a drive-thru in the HUB project area located at the southwest corner of Tippecanoe
Avenue and Harriman Place in the CR-3, Commercial Regional land use district (Exhibit A).
At its meeting on June 3, 2003, the Planning Commission voted to approve CUP No. 03-08.
Commissioners Coute, Durr, Enciso, Morris, Sauerbrun, and Thrasher voted in favor of the
motion and Commissioners Lockett, Vasquez and Welch were absent.
The appellant spoke in opposition of the proposed CUP No. 03-08 and filed an appeal to the
Mayor and Common Council on June 18,2003. The appellant's grounds for the appeal are that
the City has no judgement vesting property title in the City's name and the acquisition process is
subject to ongoing eminent domain action.
The appellant is also appealing Development Code Amendment (DCA) No. 03-02. DCA No.
03-02 is to amend Development Code Chapter 19.06 (Commercial Districts) to modify the CR-3
district to allow not more than two drive-thru restaurants to be located within two parcels and not
more than 600 feet west of Tippecanoe Avenue and immediately north of Harriman Place; and
will also allow one drive-thru restaurant on the southwest comer of Tippecanoe Avenue and
Harriman Place. This Amendment was tabled by the Planning Commission with no discussion
and there was no action for consideration by the Mayor and Common Council.
AP No. 03-10
Hearing Date: 9/15/03
Page 2
Senior Deputy City Attorney Henry Empeno advised the Planning Commission that presently
there was no court judgement to prohibit the City from processing and taking action of CUP No.
03-08. CUP No. 03-08 complies with all applicable provisions of the Development Code for
processing entitlements. The appellant's grounds for the appeal are not relevant to land use
planning.
Please refer to the Planning Commission Staff Report, Exhibit B for additional discussion.
FINANCIAL IMPACT
None. The appellant submitted the appeal fee.
RECOMMENDATION
Staff recommends that the Mayor and Common Council deny the appeal and uphold the
Planning Commission's approval of Conditional Use Permit No. 03-08, based upon Findings of
Fact contained in Development Code, Chapter 19.36, Conditional Use Permits, Section
19.36.050.
Respectfully Submitted,
James Funk
Director of Development Services
Aron Liang
Senior Planner
EXHIBITS:
A Location Map
B. CUP No. 03-08 Planning Commission Staff Report Dated June 3, 2003
C. Application for Appeal No. 03-10 Dated June 18, 2003
EXHIBIT 1
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
PROJECT: DCA 03-02
CUP 03-08
AP 03-10
HEARING DATE: 9/15/03
u
NORTH
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EXHmIT 2
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No.03-08
1
June 3, 2003
3
OWNER
In & Out Burgers
13502 Hamburger Lane
Baldwin Park, CA 91706
626.812.8263
APPLICANT:
MSL Engineering, Inc.
402 W. Arrow Highway, No. H
San Dimas, CA 91706
909.305.2395
REQUEST/LOCATION:
A request for approval of a Conditional Use Permit to construct and operate a 3,220 sqnare
foot fast-food restaurant with a drive-thru in the HUB project area. The proposed project
will be in two phases, with Phase I for construction of the restaurant and Phase II for
demolition of the existing drive-thru restaurant and completion of the remaining on-site
improvements. The project site is located at the southwest comer of Tippecanoe Avenue
and Harriman Place in the CR-3, Commercial Regional land use district.
CONSTRAINTS/OVERLAYS:
Flood Zone X (shaded) and Tri City Corporate Centre Overlay District
ENVIRONMENTAL FINDINGS:
o Not Applicable
o Previous EIR, the HUB Project
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
o Approval
o Conditions
o Denial
o Continuance to:
,~
r ~tditional Use Permit No. U3-U/J
1
Jund, 2003
Page 2
REOUEST AND LOCATION
The applicant requests approval of a Conditional Use Permit under the authority of
Development Code Section 19.06.020, Table 06.01 (D) (4) to construct and operate a 3,220
square foot fast-food restaurant in the HUB project area. The proposed project will be in two
phases, with Phase I for construction of the restaurant and Phase II for demolition of the
existing drive-thru restaurant and completion of the remaining on-site improvements. The
project site is located at the southwest comer of Tippecanoe A venue and Harriman Place in
the CR-3, Commercial Regiona11and use district (Attachment A).
The site has been designed with a fast food restaurant fronting Harriman Place with parking
immediately to the south of the building and landscaping located through out the project
premises. The layout includes an outdoor seating area and the drive-thru aisle extending
along the easterly property boundary and around the restaurant with the entrance area
approximately 170 feet on the south side and the pick up window on the north side. Vehicular
access to the site will be on Harriman Place (Attachment B).
Operational Characteristics
The proposed business hours for walk-in will be from 10:30 am to midnight and the drive-thru
service will be from 10:30 am to 2:00 am, seven days per week. The proposed project
anticipates the creation of about 50 jobs.
SETTING/SITE CHARACTERISTICS
The property site is irregular in shape and consists of approximately 1.07 -acres. Surrounding
the project site to the north is a vacant lot in the CR-3, Commercial Regional land use district.
To the west, south and adjacent to the site is the new Sam's Club, which is under
construction. To the south is the Interstate Freeway 10 on-ramp. To the east and across
Tippecanoe Avenue are commercial activities in the CG-1, Commercial General land use
district.
BACKGROUND
The Development/Environmental Review Committee (DIEDRC) first heard this project on
April 24, 2003 and moved the project to Planning Commission. At their meeting of May 20,
2003, the Planning Commission approved a tentative parcel map for the HUB project area.
This parcel map created the lot for the new IN-&-Out Burgers as well as Sam's Club and
future commercial uses.
-.'~
')ditlOnal use rermlllVD. V:J-VO
, June 3. 2003
Page 3
FINDINGS AND ANALYSIS
1. 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), fast-food
restaurants with drive-thrus are permitted in the CR-3, Commercial Regional 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".
TABLE "A" _ DEVElOPMENT CODE AND GENERAl PLAN CONFO~MANCE
, ,
CATEGORY PROPOSAL . DEVELOPMENT
GENERAL PLAN
CODE
Permitted Use Fast-food Restaurant Permitted subject to N/A
with a Drive-thru Conditional Use Permit
Height I story - 26 feet 2 stories or 30 feet 2 stories or 30 feet
Setbacks
- Front 26 feet 10 feet N/A
- Side (street) 26 feet 10 feet
- Side (interior) N/ A feet o feet
- Rear 174 feet o feet
- Drive-thru Aisle 26 feet 25 feet
Landscaping \I, I 7 5 square feet 7,000 square feet N/A
(24%) (15%)
Lot Coverage 6 percent 50 percent N/A
Parking 43 spaces 33 spaces N/A
- Standard 41 31
- Handicap 2 I
Drive-Ibru 6 car stacking 6 car stacking N/A
;cc-- -,~"'~.,
, viilional Use Permil No. 03-08
. June 3, 2003
Page 4
2. Is the proposed use consistent with the General Plan?
Yes, the proposal is consistent with the General Plan goals, objectives and policies 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 and retail service opportunities for
local residents and the surrounding community.
General Plan Policy 1.17.30 states: "Continue and expand the Tri-City/Commercenter
and Club areas as region-serving mixed use centers; capitalizing on their location
along the Interstate 10 corridor, and establishing a well-defined linkage to the City's
major commercial and industrial districts and residential neighborhoods".
The project has been designed and conditioned to ensure compatibility
with adjacent commercial and to minimize traffic safety concerns.
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 EIR prepared for the HUB project addressed the relocation ofIn-N-Out
Burgers to this site. The applicable mitigation measures are carried over for this
project. The EIR mitigation measures mitigate and address traffic and circulation
issues.
4. Are there potentially significant negative impacts upon environmental quality
and natural resources that could not be properly mitigated and monitored?
The EIR identified certain environmental categories (transportation and circulation, air
quality, noise and, cultural resources) for potential significant adverse impacts
including cumulative impacts. Both project-specific and cumulative impacts were
evaluated in the EIR. The City found that these issues and sub issues as discussed in
the conclusions in the EIR can be mitigated below a level of significant and for those
issues which cannot be mitigated, the MCC adopted Findings of Fact and a Statement
of Overriding Considerations.
5. Are the location, size, design, and operating characteristics of the proposed
use compatible with the existing andfuture 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?
t,'tolt,'
r 'pitional Use Permit No. 03-08
! June 3. 2003
Page 5
The proposed project is compatible with the area and will be a complementary
land use to the surrounding retail commercial activities. The proposal is a
community-serving retail facility, which will attract people from within the
City and the surrounding area. ~ince 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.
Site DesiiPl
The proposed layout complies with Development Code Section 19.06(2)(1)
development standards for drive-thru restaurants. These standards include but
not limited to: 1) 6-car stacking behind the menu board, 2) construct the drive-
thru aisles with (PCC) concrete, 3) provide drive-thru aisles with 12-foot width
on curves and II-foot width on straight sections and 4) drive-thru aisles, and
structure are set back 25 feet from ultimate curb face.
The proposed fast-food restaurant has been designed to comply with the new
Sam's Club for architectural theme elements, materials and colors. The
architectural elements include ledge stone veneer, trellis, awnings, arches &
projections, columns, and other decorative features for the restaurant building.
The finish materials and colors will compliment those of the Sam's Club
building.
Access
Vehicular access to the project site will share the driveways to the new Sam's
Club shopping center. There will be three major entrances to the new Sam's
Club site on Harriman Place. The extension of Harriman Place through the
HUB project site is currently under construction. All new cuts for driveways,
curbs and gutters as a part of Harriman Place street improvements and
extension will be in place in time to accommodate this proposal.
Parkin!: and Stackin!:
The Development Code Section 19.24.040 requires 32 parking spaces for this project.
The proposal provides overflow of parking stalls with 41 standard and 2 handicap for
a total of 43 stalls. The Development Code requires 6-car stacking behind the menu
order board. This project provides stacking for 11 vehicles while proving adequate
on-site parking and circulation.
LandscllPing
The proposed landscaping of 24% on site exceeds the Development Code
requirements.
r ~itional Use Permit No. 03-08
. June3. 2003
Page 6
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 for lot coverage, height limitation, setbacks, landscaping and parking
requirements as discussed and illustrated in Table "A".
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.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Conditional Use Permit.
RECOMMENDATION
Staff recommends that the Planning Commission approve Conditional Use Permit No. 03-08
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,
~C.128#-~Jr
James G. Funk D-
Director of Development Services
~
Aron Liang
Senior Planner
Attachment A
Attachment B
Attachment C
Attachment D
Location Map
Site Plan, Floor Plan and Elevations
Conditions of Approval
Standard Requirements
"~
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP No. 03-08
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 6/3103
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ATTACHMENT C
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 03-08
1. 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. Phasing of project
construction/development shall be as follows:
Expiration Date: June 6, 2005
2. 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.
3. 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.
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.
,~~"
4. 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.
5. 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.
6. 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.
7. 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.
8. The speaker boxes shall be maintained so that no noise level shall be audible
beyond the property line.
,;;,..'
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9. Signs/banners may not be placed on or over the roof or within landscaped areas.
10. The applicant shall be responsible for posting signs prohibiting litter and loitering.
Management shall be responsible for enforcing this provision.
II. All graffiti shall be removed within 24 hours of its occurrence. The management
shall take a photograph ofthe graffiti and provide to the Police Department before
removmg.
12. Ifpay phones are installed, they shall be placed within the building and setup for
outgoing calls only, with no incoming calls allowed.
13. This permit or approval is subject to the attached conditions or requirements of
the following City Departments or Divisions:
a. Plan Check Division
b. Public Works
c. Fire Department
d. Water Department
e. Public Services Department
f. Parks, Recreation & Community Services
~
-)
City of San Bernardino
STANDARD REQUIREMENTS
Development ServiceslPlan Check Division
-
Property address:
DRCICUP/DP: c.u P 03-08
DATE: c::r(Z4/6 g
NOTE; NO PLANS WILL BE
CHECK ~HOUT CONDITIONS
IMPRINTED ON PLAN SHEETS.
ACCEPTED
OF
FOR PLAN
APPROVAL.
Submit 6 sets of plans, minimum size 18" x 24", drawn to scale: If plan check is for
expeditious review, submit 6 sets. The plans shall include (if applicable):
a. site plan (include address & assessors parcel number)
b. foundation plan
c. floor plan (label use of all areas)
d. elevations
e. electrical, mechanical, & piumbing plans
f. detall sheets (structural)
g. cross section details
h. show compliance with Title 24/Accessibility (disabled access)
i. a plan check deposit fee wlll be required upon submittal of plans.
Call Development Services (plan check) 909-384-5071 for amount.
1. The title sheet of the plans must specify the occupancy classification, type of construction, if
the building has sprinkJers, & the current applicable codes.
2. The person who prepares them must sign the plans. Also, provide the address & phone
number of that person. Some types of occupancies require that the plans are prepared,
stamped, and signed by an architect, engineer, or other person licensed by the State of
California.
3. For structures that must include an engineers design, provide 2 sets of stamped/wet signed
calculations prepared by a licensed architect/engineer.
4. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance
forms are required to be printed on the plans.
5. Submit grading, site, and/or landscape plans to Public WorkslEngineering for plan check
approval and permits. For more information, phone 909-384-5111.
300 N '0' Street San Bernardino CA 92418
909-384-5071 Office
909-384-5080 Fax
")
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. Occupancies that include restaurants, car washes, automotive repair/auto body, dentist
offices, food preparation facilities or processing plants, etc. may require approvais and
permits from San Bernardino Water Reclamation. For information, phone 909-384-5141.
10. An air quality permit may be required. Contact South Coast Air Quality Management
Division for information, phone 909-396-2000.
11. State of California Business & Professions Code/Contractors License Law requires that
permits can be issued to licensed contractors or owner-builders (that are doing the work).
Contractors must provide their State license number, a city business registration, and
workers compensation policy carrier & 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 1 ST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING
DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND
DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT
CORRECTIONS.
Comments:
300 N '0' Street San Bernardino CA 924\8
909-384-507\ Office
909-384-5080 Fax
~,
-)
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03-OS DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N-OUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANITIPPECANOE
. NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is
responsible for submitting the Engineering plans directly to the Engineering Division. They
may be submitted prior to submittal of Building Plans.
1. Drainage and Flood Control
a) The development is located within Zone X (shaded) on the Federal
Insurance Rate Maps and may be subject to sheet overflow to a depth of
less than 1 foot in a 100 year storm; therefore all building pads shall be
raised above the surrounding area as approved by the City Engineer.
/
b) All drainage from the development shall be directed to an approved public
drainage facility. If not feasible, proper drainage facilities and easements
shall be provided to the satisfaction of the City Engineer.
c) If site drainage is to be outletted into the public street, the drainage shall
be conveyed through a parkway culvert constructed in accordance with
City Standard No. 400. Conveyance of site drainage over the Driveway
approaches will not be permitted.
d) Applicant shall mitigate on-site storm water discharge sufficiently to
maintain compliance with the City's NPDES Storm Water Discharge
Permit Requirements. A "Notice of Intent (NOI)" shall be filed with the
State Water Quality Control Board for construction disturbing 1 acre of
more of land.
Page 10f10 Pages
412812003
"-...v:,.--
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J
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03..Q& DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN.N-OUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANITIPPECANOE
e) The City Engineer, prior to grading plan approval, shall approve an
Erosion Control Plan. The plan shall be designed to control erosion due
to water and wind, including blowing dust, during all phases of
construction, including graded areas which are not proposed to be
immediately built upon.
2. Grading and Landscaping
a) If more than l' of fill or 2' of cut is proposed, the site/plot/grading and
drainage plan shall be signed by a. Registered Civil Engineer and a
grading permit will be required. The grading plan shall be prepared in
strict accordance with the City's .Grading Policies and Procedures. and
the City's .Standard Drawings., unless otherwise approved by the City
Engineer.
b) If more than 1,000 cubic yards of earth is to be hauled on City Streets
then a special hauling permit shall be obtained from the City Engineer.
Additional conditions, such as truck route approval, traffic controls,
bonding, covering of loads, street cleaning, etc. may be required by the
City Engineer.
c) A liquefaction evaluation is required for the site. This evaluation must be
submitted and approved prior to issuance of a grading permit. Any
grading requirements recommended by the approved liquefaction
evaluation shall be incorporated in the grading plan.
d) An on-site Improvement Plan is required for this project. Where feasible,
this plan shall be incorporated with the grading plan and shall conform to
all requirements of Section 15.04-167 of the Municipal Code (See
"Grading Policies and Procedures").
Page 20tl0 Pages
4128/2003
.j':lt",~,
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N-QUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANITIPPECANOE
e) A refuse enclosure constructed in accordance with City Standard Drawing
No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15
feet, unless the Public Services Department, Refuse Division, approves a
smaller size, in writing.
f) 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.
g) The Drive-through lane and the parking area adjacent to the building shall
be constructed of PCC concrete pavement.
h) 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 1 foot-candle of illumination uniformly
distributed over the surface of the parking lot during hours of operation
and 0.25 foot-candles security lighting during all other hours.
i) 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.
j) 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.
Page 3 of 10 Pages
4/2812003
.~,
-,
1
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES!PUBLlC WORKS DIVISION
CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N-OUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANrrlPPECANOE
k) Where the handicap accessible path of travel crosses drive aisles, it shall
be delineated by striping or textured/colored concrete pavement.
I) A reciprocal easement shall be recorded prior to grading plan approval if
reciprocal drainage, access, sewer, and/or parking is proposed to cross
lot lines, or a lot merger shall be recorded to remove the interior lot lines.
m) 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.
n) The public right-of-way, between the property line and top of curb (also
known as .parkway") along adjoining streets shall be landscaped by the
developer and maintained in perpetuity by the property owner. Details of
the parkway landscaping shall be included in the project's on-site
landscape plan, unless the parkway area is included in a landscape
maintenance district, in which case, a separate landscape plan shall be
provided.
0)
A Landscape Maintenance District shall
landscaping within the following areas:
Laurelwood Avenue.
be implemented to maintain
Tippecanoe Avenue and
p) All required maintenance districts shall be formed prior to issuance of
grading permit.
q) Separate sets of Landscape Plans shall be provided for the Landscape
Maintenance District.
Page 4 of 10 Pages
4/28/2003
...\1"0'
.)
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION
CASE NO: C.U.P. 03-0& DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N-OUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANfTlPPECANOE .
r) 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 ensure that, if the property owner or subsequent owner{s)
fail to properly maintain the landscaping, the City will be able to file
appropriate liens against the property in order to accomplish the required
landscape maintenance. A document processing fee in the amount of
$200.00 shall be paid to the Real Property Section to cover processing
costs. The 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) Sewer main extensions required to serve the site shall be constructed at
the Developer's expense.
c) This project is located in the sewer service area maintained by the City of
San Bernardino therefore, any necessary sewer main extension shall be
designed and constructed in accordance with the City's "Sewer Policy and
Procedures" and City Standard Drawings.
d) Utility services shall be placed underground and easements provided as
required.
Page 50fl0 Pages
4/2812003
-"
)
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N-OUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANITIPPECANOE
e) A street cut permit, from the City Engineer. will be required for utility cuts
into existing streets where the street is not being repaved as part of the
required improvements.
f) All existing overhead utilities adjacent to or traversing the site on either
side of the street shall be undergrounded in accordance with Section
19.20.030 (non-subdivisions).
g) 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).
h) Sewers within private streets or private parking lots will not be maintained
by the City but shall be designed and constructed to City Standards and
inspected under a City On-Site Construction Permit. A private sewer plan
designed by the Developer's Engineer and approved by the City Engineer
will be required. This plan can be incorporated in the grading plan. where
practical.
Page 60fl0 Pages
4/2812003
-',""l>;
)
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03-OS DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N-OUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANlTIPPECANOE
4. Street Improvement and Dedications
a) All public streets within and 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 Right of WaY<!!J Curb Line@
*TIPPECANOE AVENUE 65' - 60'* *SEE COMMENTS
LAURELWOOD AVENUE *SEE COMMENTS *SEE COMMENTS
*SEE APPROVED/FILED IMPROVEMENT PLAN NO. 10373
Page 7 of 10 Pages
4/2812003
A::itW.
'>
STANDARD REQUIREMENTS
DEPART..,ENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N.QUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRlMANITIPPECANOE
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 Driveway Approaches per City Standard No. 204, Type II,
including Handicap by-pass. Remove existing driveway approaches that
are not part of the approved plan and replace with full height curb & gutter
and sidewalk.
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-1 and SL-2.
5. Required Engineering Permits
a) Grading permit (If applicable.).
b) On-site improvements construction permit (except buildings - see
Development Services-Building Division), including landscaping.
Page 80fl0 Pages
4/2812003
,;.,;...\
<)
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.03-OS DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N-QUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANITIPPECANOE
c) Off-site improvements construction permit.
6. Applicable Engineering Fees!
a) Plan check and inspection fees for off-site improvements - 4% and 4%,
respectively, of the estimated construction cost2 of the off-site
improvements.
b) Plan check and inspection fees for on-site improvements (except buildings
- See Development Services-Building Division) - 2% and 3%, respectively,
of the estimated construction cosf of the on-site improvements, including
landscaping. .
c) Plan check and inspection fees for grading (If permit required) - Fee
Schedule available at the Engineering Division Counter.
1 All Fees are subject to chanlle without not/ceo
2Estimaled Construct/on Cost for Off-Slte Improvements Is based on a list of standard unit prices on me with
the Public Works Division.
3 Est/mated Construct/on Cost for On-Site Improvements Is based on a list of standard unit prices on me
with the Public Works Division.
Page 9 of 10 Pages
4/2812003
,">ft,
q\
,
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVlCESIPUBLlC WORKS DIVISION
CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F.
RESTAURANT FOR IN-N..QUT BURGER
APPLICANT: LOCATION: SOUTH WEST
MARK LAMOUREUX HARRIMANfTlPPECANOE
d) Drainage fee in the approximate amount as follows based on $0.455 per
square foot for the first 3,000 square feet of impervious lot area (estimated
as 85% of the net lot area), then $0.156 per square foot of remaining
impervious lot area or fraction thereof: $3,724.03
e) Traffic system fee in the estimated amount of $29,000.50. Based on
1,598 trips per day @ $16.689 per new trip generated by the project.
The City Traffic Engineer shall determine exact amount at time of
application for Building Permit.
f) Sewer Connection fee in the approximate amount as follows based on
$257.70 per 3,000 square feet or fraction thereof: $515.40
g) Sewer inspection fee in the estimated amount as follows based on $21.72
per connection: $21.72
h) Street or easement dedication processing fees in the amount of $ 200.00
per document.
Page 100'10 Pages
4/29/2003
'i<-1/h
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,
CITY OF SAN BERNARDINO FIRE DEPARTMENT
. STANDARD REQUIREMENTS
Case: ~~ ~ 3 ,0f3
Date: .~ l
Reviewed By: Q.~ III
.ow IiPP&:"vJo_6/~~
F
GENERAL REQUIREMENTS:
~ Provide one additionaIHt of construction plans to Building and Safety for Fire Department use at time of plan check.
Contact the City of San Bernardino Fire Department at (909) 384-5585 for specific datailed requirements.
The developer shaH provide for adequate fire flow. Minimum fire flow requIrements shall be based on square footage, construction features, and exposure
intonnation supplied by the developer and !!!!!!! be available I!tl2! to placing combustible materials on site.
WATER PURVEYOR FOR FIRE PROTECTION:
~ The fire protection water IfHVice for the area of this project is provided by:
~ 0 San Bemordlno Municipal Water Depertment-Engineering (909) 384.5391
o Em Valley Water Dialricl-Englneering (909) 888-8966
o OtherW_pwveyo<:
Phone:
PUBUC FIRE PROTECTION FACilITIES:
~ Public fire hydrants are required stong streets at intervals not to exceed 300 feet for commercial and multj.residentlal areas and at intervals not to exceed
. 500 leellor 188_ areas.
(4i. 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 lire
~ hydrant flow rates of 1,000 SIX" at a 20 psi minimum resic:kJaI pressure are required lor residentlalareas.
I'd 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
~ hydrant materials and inataBation shall conform to the standards and specifications of the water purveyor.
~ Public fire hydrants, fire services. and public water facilities necessary to meet Fire Department I'8Qwrements are the devekJper's financial responsibility and
f\ 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
Intonnation.
ACCESS:
8 Provide two separate, dedicated routes of ingress/egress to the property entrance. The routes shall be paved, all weather.
Provide an access road to each building lor fire apparatus. Access roadway shall have an all.weather driving surtace of not less than 20 feet of unob-
structed width.
o Extend roadway to Ytflhin 150 feet of all portions of the exterior wall 01 all singte story buildings.
o Extend roadway to within 50 feat of the exterior wall 01 all multlple-stoIY buildings.
o Provide "NO PARKING- signs whenever parking of vet\icles -would possibfe reduc~ the clearance of access roadways to less than the required width. Signs
ere 10 read "FIRE LANE-NO PARKlNG-M.C. Sec. 15.16".
o Dead-end streets shall not exceed 500 feet in length and shall tlave a minimum 40 fool radhJs turnar\.lund.
o The names of any new streets (public or private) shall be submitted to the Fire Department for approval.
SITE:
':2s 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 buUding located more than 150 feet from 1;19 curb line. No fire hydrants should be ~hin 40 leet of any
exterior wall. The hydrants sha" be Wet Barrel type, with one 2Y.t inch and 4 inch outl~t. and' appro'led by the Fire Department. Areas adjacent to fire
hydrants shall be cles6gnated as 8...0 PARKING- zolle by painting an R inch wide, red stripe for t5 feet in each direction in front of lhe hydrant in such a
m8M8r that it". not be blocked by parked vehicles. Lettering to be in white 6ft by 1t:~.
BUilDINGS:
l\Y Address numerals shall be installed on the building at the front or other apprc"ed Ilx:al,or1 in s.Jch 3 manner as to be visit>>e from the frontage street. Com.
;c.. mercia! and mutti family address OIAmarals shall be 6 Inches taU, single farr.i1y address nl!rr",nds shall be 4 inches tall. The color of the numerals shall con.
trast v;;th the color of the backgroun.::t
~ Identify each gas and etectrie meter with the number of thtt unit !t serves.
-Cl- Fire extinguishers must be installed prior to it-e building being occu~ied. The minimllffi ralin.J 1.1" <.:.n',i tire extinguisher is 2A 10BIC. Minimum distribUtIon of
fire extinguishers must be such that no interior part of the building is over 75 teet tra1/e; d'St3:ICC hom a fire extinguisher.
o Apartment hOUl8S with 16 or more units, hotels (motels) ~th 20 or more units. 0; apaitments ".. hotals {motels} three stories or more in height shall be
equipped with automatic fire sp"nklf'fs designed to NFP A sfa.ldal\1s.
o AU buildings, over 5.000 square foot. shall be equipped with an a\.rtomatic lire sprinke:' ~~'&tarr> d;3!Jj\Jnec;l to NFPA standards. This includes existing buildings
vacant over 365 days. r-__ C ..1
'filj Submit plans lor the lire protection system tl) the Fire Departmeri pn,)f to b~jnnjng Gom,tr~o.;tl""l of the :;y~tem. Permit required. rc;'4.: .:;J<.P~1S"/or'"
fi Tenant improvemenls in all sprink1ered bliildill{!s are to be approverl by the Fire Department pnor to stall Of constroction. Pennit reqoited. Sy n~ fY1
o Provide fire atann (required throtJghoutl. PI4ns 'nust be approved 1:" fhtj Fire Depdrtment prior to start ~jl installatioi'. Panmt required.
~ Fire Department coMection to sprinkler sJst~rrJstandpipe slstern, shall be reQuired at Fire DepartmentJEP3>ved location.
Fire Code PennR required. apply at 200 ...t 3rd street, (9091 384.5,l88. R>I1. "551!:/I/l 6Ly / l</ii~rAv!lJJr1--f
Fire Sprinkler monitoring required. Plans must be approved by ttlt') F It ~ Department prior to the start of construction. Pe!'init required.
o Occupant Load.
Note: The applicant must request. in writing, ar.y ~hange;i to f;ri::! Department requirements.
ADDITIONAL INFORMATION: _
FPBll'O(03-03)
\ -, ---,
SAN~~OMVNIQpAL WATEllDEP.u~
STANDARD REQUIREMENTs
hvicwofPJaoo: C.lAP ~II. O~ ...-- 9
0... c......, oJ - -D:J
~opor: r~- -OlAlr Il.r.E~~ /~f.~. . 2>. ""'t!.MJ
T>'Jl8~Projecc;(!.oIllc:Tt~L:r/O(ll.tAn. fN~AJ.:tIlA.r-.JlUGU.~ N=~:"'" . PA
T"""""G: S~Tf\Wf:('r (I"",.ISll!)fTlrPE.c.lYloE. AvLHIA.L
WAft'R nuA.'RTI.IIlN'l" 1'.NC1NnR11V~ _
eo..r.ct: ~E~ 'bYf.. . IL__ 7'OIlL r-~..... ~
" r__~. Fu;: -ST3Z-
HOle: AU W.. s..Mc. are Subjeot to !boo ~ . '.101"- ofllle W.. ~.
J(Siaof'MaiDAdJ-lcePrqjeol: 12. )>Jc...TiL[.. I~ PIPE.. I~~ PLk€-
)t.~W_PnlMute: ~O~L ~oIW""'" z,rf H,.....FIow020poi:
I( 'l)pe, Size, Loo:atioa, aad DiIlace to N_ !'iN H)'dtql; .. " - l'O Fr-
IN-~-o 'T;r c...
oF
o Prelaure }l"ll"~ RequirIld OIl ClIItomec'. SIda on 1M Meter.
o 0fr.0iIe W_ PIlOlIiIi. Required. .
o Area Nat Served by SID &n.rdillo MlUIicip.I W_ Deputmeat.
D COIIIltIeUIs:
WA'IT.Il OIlAUTY r.ONTRnI.'
CoII/aQt: ~l.\ A-w F .-nt JlfDw.1Pil-n 1 CJ' Fu:..:I.S!l- rz. (,0
It R.P.P. BaoIdIow D..-iao Recjuinld d Service Coa_:"" J:oR.. })OMESTl (", SE.L~ ,u;...
)(Daub...CbockBlckftowO'lIi.d.red..~ice('-..... F~ 1RR.l4fnO~ It FII~,f;-.~u.r'IU
~ D..-ico to be Jr"P"C..... IIefote W*t Service _ be ActMtocl.
o No Jl8c1cflow DwK:o R-.aired .. n;. Time.
ltNVmnNMENTAL NlNTIlnIJINDIJn'RIAL WA..4';'R!
eoat.ct: ANJ>Y t'..M'PY l'hoIlo: m-n.:rft, Fu:.lM- rz,r'8
Ncca: No BriM R............. WaIv Soft-. May .,. blalJed, UIlIea Holdillc aad HauIiD& is Provided for !be Briae. AU ~~
....w be ,1200 GolJOII C..,..;ty with.. s....p&. Box '.............
o IIIcluslrial Wute Permit R.,.ired..
c a.-laI~ Raquind. 0 SaadIOiI ~ Requinld. 0 No""" III llU Time.
D ~ R.,.ired.
SEWER ~A.P...~M'Y 1Nl"000MA."ON:
~ NUL ~~~(N~: ~t/-rD93 Pax: :rB'I-rn-z...
NOle: Proof of paymenl MUJt be Submilled 10 b aaiIdin& Ii. Safoly ~ Prior to I.......... of the "',;!d;". Permit.
C No s......- c..p.cily P.... ApplicobIe at '11WI Time.
)( Sewer CaJ-ity Foe Muet Be PW to the Waler 0..- for 11 i 0 pane,,;. Per Day. Equivaloat DweI1iD& Uaits: i1, f8
o Subject to a-lculatioo of F.... Prior 10 the Is..."""" of ahldiD& Permit.
BnNcdowt> of astiPWed GaIb>o Per Day: '74 ~ e. /:s =
~: CNJ;t ~ ~sh1 AI. 'I",,"
( ;;;u. .at..J..1)
.".&lQlIQ."" cvnJ
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I
City of San Bernardino Parks, Recreation and Comrnunity.Services Department
Standard Requirements
In-n-Out Burger
Tippecanoe Ave.
Case: Cup 03-08
Date: 5-27-03
Reviewed by: Jim Gondos
General Requirement:
( X) Commercial Industrial and Multi-Unit
() Assessment District
() Residential
() Purpose, Guidelines and submittal procedure
( X) Irrigation and Landscaping Plans.
() Contact the City of San Bernardino Parks, Recreation and Community Services
Department at (909) 384-5217 or 384-5314 for specific detailed requirements.
Specific Requirements:
( X) Maintenance of landscape areas
() Planter Areas
() Interior Planter Areas
( X) Irrigation Systems
() Setback Areas
() Slope Areas
() Ground Cover and Bedding Material
() Erosion Control
() Weed Control
Plant Materials:
() Plant list and climatic conditions
(X) Street Trees
( X) Plant Material Size Requirements and Ratios
Inspection and other Requirements:
( X) Irrigation System
( X) Landscaping
() Hardscape Items
( X) Street tree Specifications
() Arborist Report
() Removal or destruction of trees
(X) Screening Requirement (City, Dev. Code)
Note: The applicant must request, in writing, any changes to the Parks, Recreation and Community
Services requirements. Additional information:
Standard requirements are issued for the landscaoing and irrigation of this oroiect. The design
theme of the frontage along Tiooecanoe and Harriman Place will include turf to match existing
oroiects.
,~
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)
City of ~an Bernardino Public Services Department
Development ProjectCondidons of Approval
300 North D Street - 4th Floor
San Bernardino, CA 92418
Project Number: CUP 03-08 Project Planner: Aron Liang Review Date: 4.24.2003
.
Project Description/Business Name: Demolish and relocate In-N-Out Burger fast food restaurant and drive thru.
Project location/Address: APN 0281-082-16 et al (current site @1944 South Service Account: Jack's
Tippecanoe)
Reviewed By: Michelle Dyck- Turner e-mail: dyck-turner _ mi@ci.san-bernardlno.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.
I:8l Demolition & Site Preparation I D Construction / Renovation I 0 Business Operations or Event
. Additional Requirements or Recommendations
Applicant shall complete an Integrated Waste Management Survey for the demolition and site preparation of the project.
Applicant shall also redesign refuse enclosure to meet Public Works Standard 508, dimensions 8 xIS', incoroporating
the attached pedestrian access design. Any storage areas for grease bins or any other bins or equipment other than refuse
and recycling bins must be enclosed In a separate (but may be adjacent) enclosure. Enclosure alignment and access for
services vehicles is acceptable as drawn.
MD/PS4.22.2003
iMt
)
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 Bemardlno Public Services Department unless otherwise franchised or
permitted. [MC 9 B.24.14O]
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 Divlslon 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 9 33.0B3]
5. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City recycling services for
maximum divel'3ion within 30 days of opening business, llr establish an alternative dlvel'3lon 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 4Q-foot turning radius for a 32-foot vehlcie length
Gated Access
9. Gated properties that are locked and unmanned on service days anytime between the houl'3 of 5 AM and 5 PM Monday
through Saturday shall provide access code or key to Public Services.
Roll-off Compactor Units
10. 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.
11. 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.
12. Roll-off boxes at locations receivlng 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.
13. 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 9 19.20.030 (21)]
1 4. 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/PS4.22.2003
City of San Bernardino Public Services uepartment
Standard Development Requirements
Page 2 of 3
)
ExIstIng Bin Enclosures
15. Existing bin enclosures must have minimum inside dimensions of 7'9" x 9' OR 15' x 4'5" to fit two 3CY bins, with block walls,
inside bumper guards or curbing, and solid steel gates, OR enclosure(s) must be reconstructed to meet Engineering Standard
508, and the enclosure may be relocated for best drive access and alignment, plans s\lbject to Public Services approval. (Please
note, if site will generate less than 2CY of solid waste per week, see Residential Collection options.)
Front-load Bin Enclosures & Access
16. Minimum double-wide enclosures of 8 feet by 15 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 H2911]
17. Front-load compactor units must be contained In an enclosure large enough to hold the unit and one additional bin facing
lengthwise.
18. 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.
1 9. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved, without crossing
curbs, steps, or driveways.
20. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water.
21. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code ~ 1103.2.2]
22. 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.
23. 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.
24. Enclosures shall be located with gates aligned for straight access for service vehicles.
25. Enclosures shall not obstruct drive aisles, driveways, loading lones, 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.
26. Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to parldng 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..
27. 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
28. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved.
29. Disposal chutes Incorporated Into multi-story buildings must have dedicated chutes for refuse & commingled recyclables. Both
chutes shail 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/PS4.22.2003
.~.
City of San Bernardino Public Services Department
Standard Development Requirements
Page 3 of 3
RESIDENTIAL TRACTS & LOTS
Collection Services
1. Residential refuse and recycling services are to be provided by the City of San Bernardino Refuse & Recycling Division a
minimum of once weekly.
2. The City shall provide upon request one set of a blue, green, and black 96 or 64-gallon automated service cart to each single
family unit, OR one set to every 2 units In multi-unit dwellings up to 8 units.
3. Commercial requirements shall apply to ail multi-unit dwellings over 8 units, unless otherwise approved.
4. Nonresidential establishments such as small offices, shops, meeting halis, 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.
Automated Cart Storage & Access
5. Residential units shall construct a minimum 4 feet by 11 feet concrete pad located out of view of public right-of-way for storage
of each set of up to 4 automated carts. If visible from the public right-of-way, the storage area shail be screened by landscaping,
or masonry or solid wood fencing.
6. The path of travel from the storage pad to street shall be continuously paved without step or curb with 4-foot minimum gate
openings in walls and fencing. The path of travel may include a paved driveway or patio area.
Service Vehicle Access
7. Projects shail meet City Engineering vehicle access requirements on ail streets within a residential tract. These requirements sh.111
not limit requirements for Fire vehicle access.
Curbside Service Area
8. A minimum 14-foot linear space on the street along the curb adjacent to the driveway of each residence must be clear for
automated service carts, with a minimum 2-foot setback and 13-foot vertical clearance of all obstructions such as structures,
fences, and raised landscaping.
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.
MDIPS4.22.2003
4,I!l!h
City of Sail Bemardillo
Develoyment services
Deyartmellt
Application for Appeal
A? t~-\()
EXHIBIT 3
APPEAL FROivlA DEcISION OF THE (check One)
o Development Services Director;
~ )>ev,lOlopmel\tJEnviro"mental Revie.w Committee; or
A Planning Commission . .
Case.number(s): ~,.j.~,-~...,,~ c..~e '-'''''''-''''0-'::', t:>~-o-a o.......l c.._~~i...._\ '.:)~e
~c.~_,-Ioo:. to'O. \;),3.~t ' .:.
Proiect address: . ~ t ~ ..' 'Q"Z.. ~ ,~ t>~ 2. -\~ J \., '2.J: ."2. f . So h. ~ j
. Appellanrs ~ame: . ~,\,~~~\--. ~. ~~\'
Appellant's address: \c(,\\i."" s. ,..~....c...o.>-..c.'
. '
Appell~nrs phone: ().~...') \.t.~ - 9, 1'2.. \
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Contact person's name: ~ o..("<>---'L- ~. WC.~S('L ~~c>v ~e:; ~~ \:... ~
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Contact person's address: ~""o--'l..' \J>c.,s(.f.. "5\.<jj;... ~\.\.f:\...:'~ ~'\...~t>. , 'S.-\.e. a.-=>'3.\... .~. J C4>.
Contact person's phone: C ""1. '\ ~ ~q. b'\ hlA. 0... "\00'"0
~'-"S\ ~o.p,,_ "l ~Cb
Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application fonn
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
.
Date appeal filed: 0 v \~ %\~.:s
Received by: ~ ~'-
(OJ rn~rnf1\Yi7rn fn)
UU JUN 1 8 2003 L0
CITY n SAN BERNARr ..
C. 'lL f)"MENT Sf':>!1 ..J
llEPARTMEN I --~
. ;
5/1101
"
REQUIRED INFORMA nON FOR AN APPEAL
Specific action being appealed and the date of that action: "'\iQ.Vb .."..\. ..~ c.... ~ ~"'.\."."'_\ ~t (.
.. .
~e....,.....":",, ~c. I:ll-c~ ~q,"'''''''.~,..') 00"'-<\."''''&-'' o...,~ o~eV'.k.-- ~
0... ~..r:"-.l€ ~..r"'" ~....\;~.,,\-()cJc. ve!;\.-....'r..."'""'~ ..'" t...~\e..\\......~~c-\
\h/..I;)r.....~ \Pc.J:d. _"c \"'-\4 ~.v,\.~c"""'OC. ~.).e. s:......... ~r._t-l~~...oc'^
" ... . J n..
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\~ ~Q.V""t..I..
Specific grounds forthe appeal: \...hA.~""""\-..S' o...ve ~ ~~........,s ~ \0...\4. '5..
~,
,,~,_r:....v-<>c. \o.....e.., ~ t:,~ ~s ~o ~-.>~~,A; ......~ ~."'e..S"c"",~
. ~~-..:>o. ~\\.. .\'- c.:,~' S . ,,",_IJ'.L: ~._c..o-(e. '-Is. .\:u\,~i!.:~ ~ ,,---
~ ""~a P,......,........:k . L h ...., ;:>. ~O"?-~~ '\I ~''-l. l(...k.r.\.., ~}a. Co.,.s.. ~.
Sc..~O;;- ~o..\",- ...l. c..... . o3-o'b '..s V'e''o).l\~'",.\.
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..,' ~~o.>). ,/\.(.,As o~ \!).s:-.~ S~.e c...:.:o"'s~..~~~.,
Action sought: . ,
ll...)t....~e U:-"~<-N ......C\J~ ~o.~3...b~'......>!'~ ~...,,-..~e.-J:
c.."le \'\0. O~-o,-
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Additional information:
'.-'
Signature of appellant:. ~...IL- n. ~^ ') 0.:.." ~~.o.,.""'...., ~o"
~\,~\...,.Js
Date: ,- \'\-D 3
2
5/\.101
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.cLsanMbernardino.ca.us
'"
September 17, 2003
Mr. Frank Weiser
3460 Wilshire Blvd., Suite 903
Los Angeles, CA 90010
Dear Mr. Weiser:
At the meeting of the Mayor and Common Council held on September 15, 2003, the following
action was taken relative to the Appeal of the Planning Commission's approval of Conditional
Use Permit No. 03-08 and Development Code Amendment No. 03-02, a request to construct a
3,220 square foot fast-food restaurant with a drive-thru located at the southwest corner of
Tippecanoe Avenue and Harriman Place:
That the matter be continued to the Council/Commission meeting of October 20,
2003, at 7 p.m.
Pursuant to Resolution No. 90-458 of San Bernardino Municipal Code Section 2.58.200,
the fee for processing a request for the continuance of a City Council agenda item is
$75.00. Please make your check payable to the City of San Bernardino and mail it to the
address listed above prior to the October 20 Council meeting.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
/X.(t~MjJ. ~
Rachel G. Clark, CMC 6tJ ~
City Clerk 0
RGC:lls
cc: Development Services
CITY OF SAN BERNARDINO
ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty