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HomeMy WebLinkAbout24-Development Services CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION - From: Valerie C. Ross. Director Subject: Conditional Use Permit No. 07-25 (Appeal No. 08-06) - Appeal of the Planning Commission's denial of a Conditional Use Permit to Construct a 1,893 square foot drive-thru restaurant and 3,440 square foot retail building on a 29,537 square foot parcel located at the southeast comer of Waterman Avenue and 29111 Street in the CG-I. Commercial General land use district. MCC Date: February 2, 2009 Dept: Development Services Date: January 7, 2009 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor & Common Council uphold the Planning Commission's denial of Conditional Use Permit No. 07-25, deny Appeal No. 08-06 and continue the matter for two weeks to consider findings to support the denial. ,- ......... Alternative Motion: That the hearing be closed and that the Mayor & Common Council overturn the action of the Planning Commission, grant Appeal No. 08-06 and approve Conditional Use Permit No. 07-25 based on the Findings of Fact and subject to the Conditions of Approval and Standard Requirements in the September 16,2008 Planning Commission Staff Report. ~V.~ . Valerie C. Ross Contact Person: Brian Foote, Associate Planner Phone: 384-5057 Supporting data attached: Staff Report Ward: 7 FUNDING REQUIREMENTS: Amount: N/A Source: (Ace!. No.) Account Description: Finance: - Agenda Item No. R"',bo"",...4 f~e ~~9 Council Notes: /- ."-. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Conditional Use Permit No. 07-25 (Appeal No. 08-06) - Appeal of the Planning Commission's denial of a Conditional Use Permit to Construct a 1,893 square foot drive-thru restaurant and 3,440 square foot retail building on a 29,537 square foot parcel located at the southeast corner of Waterman Avenue and 29th Street in the CG-l, Commercial General land use district. OWNER: Segal Family Partnership Robert Segal, Trustee 1250 6th Street, Suite 400 Santa Monica, CA 90401 (310) 393-9304 APPELLANT: Citicom Development Allan Steward 1257 W, Colton Ave. Redlands, CA 92374 (909) 335-0333 Backl!round: - The subject of the appeal is the Planning Commission's denial of Conditional Use Permit (CUP) No, 07-25 to construct a 1,893 square-foot drive-thru restaurant, a 3,440 square-foot retail building, and site improvements on a 29,537 square-foot vacant parcel. The subject property is located on the east side of Waterman Avenue between 29th Street and Country Club Lane in the CG-I, Commercial General land use district (Exhibit 1 - Location Map), The Planning Commission opened a public hearing on April 22, 2008 and heard concerns from several residents regarding existing conditions around the project site. The public comments focused on the potential traffic impacts on the surrounding streets. The Planning Commission requested a traffic study to analyze the potential impacts, and address the concerns expressed by residents. The traffic study, prepared according to requirements specified by the City Engineer, was completed in August 2008. The traffic study concluded that the traffic generated by the proposed project would not have a significant impact on existing streets and intersections, subject to compliance with the traffic control recommendations in the study. Public Works staff reviewed and accepted the traffic study, and concurred with the recommendations for street improvements, striping and signage. ....... On September 16, 2008, the Planning Commission reviewed the project and the traffic study. Planning staff recommended approval based on the Findings in the April 22, 2008, staff report (Exhibit 2) and subject to the recommended conditions of approval, including recommendations of the traffic study (Exhibit 3). The Planning Commission was concerned about the intensity of the land use plan proposed for the site, and discussed various project design alternatives with the applicant, including the possibility of relocating the drive-through restaurant or reducing the total building floor area proposed for the site. The applicant stated that the lO-foot wide easement that bisects the property, combined with standard setbacks from the perimeter of the site, made design changes difficult and economically infeasible. Therefore, the applicant asked the Planning Commission to take a final action, so that he might appeal the Commission's decision to the Mayor and Council. '- Conditional Use Permit No. 07-25 (Appeal No. 08-06) Hearing Date: Feb, 2, 2009 Page2of2 "- After the public hearing was closed, Commissioner Mulvihill made a motion to deny the project, and Commissioner Muiloz seconded the motion. Commissioners Mulvihill, Muiloz and Sauerbrun voted for denial and Commissioners Durr and Heasley voted against the motion. Commissioners Hawkins, Longville, and Rawls were absent. The Planning Commission denied CUP No. 07-25 based on the finding that the project site was not physically suitable for the intensity of use proposed for the site. The Planning Commission found that the proposal to construct a drive-through restaurant and a multi-tenant retail building on the site was too intensive, due to access constraints related to proximity of the site to the 210 freeway, excessive traffic generation of the proposed drive-through restaurant and on-site design constraints that preclude optimum configuration of the drive-through facility. The applicant filed an appeal on September 30, 2008, to request that the Mayor and Common Council reverse the Planning Commission's action and approve CUP No. 07-25. The appellant's specific grounds for the appeal are that the approved traffic study shows that the proposed development would not adversely affect traffic in the vicinity of the project site, and that the proposed project would enhance the existing conditions of the site and surrounding area (Exhibit 4). Financial Impact: No impact. The appellant paid applicable processing fees. Recommendation: -- Staff recommends that the Mayor & Common Council uphold the Planning Commission's denial of CUP No. 07-25. Attachments: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Location Map Planning Commission Statement of Action and Staff Report Staff Memo to the Planning Commission dated September 10, 2008 Appeal Application ~-, ~ EXHIBIT 1 '- , CITY OF SAN BERNARDINO LOCATION MAP PLANNING DIVISION f').. HEARING DATE: 02/02/2009 - NORTH PROJECT: C.U.P. No. 07-25 (Appeal No. 08-06) -,---, -LI '- --.J I -:30TH_ I, 30\ 1 - ~ c '- }~ h; 29JHl ,~ r- :::0 OJ -r. o m -I -< r- i - r- - m - - - " 18) ,./ ~ ~ OJ "C " rn r=~ ~c:c~ ELJ~ L~EE~~L~ I rri-:::- - 0-:::0 0 ;lJ ~ ,rii,l9> I 0 ~ Project Site :t> II 0 J ~ ~~C-OONT'~':C(Or,; 28TH If m :::0 o ::< -(CrCity,ofSanBer~aidino~LI EIXfN1 DER] I~.~..AIILIII." - 1111ul&' 1111I I lI""""'lYtH ,""-', '-' EXHIBIT 2 - - CITY OF SAN BERNARDINO ~,'. ,;, ,,", , . STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Conditional Use Permit No. 07-25 Owner: Segal Family Partnership Applicant: Citicom Development Description: A request to construct a 1,893 square-foot drive-thru restaurant and a 3,440 square-foot retail building on a 29,537 square-foot parcel located on the east side of Waterman Avenue between 29th Street and Country Club Lane in the CG-l, Commercial General land use district. ACTION: DENIED Meeting Date: September 16,2008 - The Planning Commission denied Conditional Use Permit No. 07-25, based on the finding that the project site is not physically suitable for the intensity of use proposed for the site. The Planning Commission found that the proposal to construct a drive-through restaurant and a retail building on the site was too intensive, due to: (1) access constraints related to proximity of the site to the 210 freeway on- & off-ramps; (2) excessive traffic generation of the proposed drive- through restaurant and (3) on-site design constraints that preclude optimum configuration of the drive-through facility. VOTE Ayes: Nays: Abstain: Absent: ' Mulvihill, Munoz and Sauerhrun Durr, Heasley None Coute, Hawkins, Longville and Rawls The decision of the Planning Commission is final unless a written appeal is filed, with the appropriate fee, within 15 days of the Planning Commission action, pursuant to Section 19,52.100 of the Municipal (Development) Code. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of San Bernardino. ~~~ Terri Rahhal, Deputy Director/City Planner '1-3()--O~ Date - - cc: Case File, Department File, Plan Check, and Public WorkslEngineering . EXHIBIT 2 . - SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Conditional Use Permit No. 07-25 2 April 22, 2008 7 OWNER: APPLICANT: Segal Family Partnership Robert Segal, Trustee 1250 6th Street, Suite 400 Santa Monica, CA 90401 (310) 393-9304 Citicom Development Kandice Larsen 1257 W. Colton Ave. Redlands, CA 92374 (949) 261-8805 REQUEST & LOCATION: A request to construct a retail center consisting of a 3,440 square-foot multi-tenant building and a 1,893 square-foot drive-through restaurant on a 29,537 square-foot parcel located on the east side of Waterman Avenue between 29th Street and Country Club Lane in the CG-1, Commercial General land use district. CONSTRAINTS & OVERLAYS: None ENVIRONMENTAL FINDINGS: . Exempt from CEQA, Section 15332 - In-Fill Development Projects o Mitigated Negative Declaration o Mitigation Measures & Mitigation Monitoring/Reporting Program o Environmental Impact Report STAFF RECOMMENDATIONS: . Approval . Conditions o Denial o Continuance to: ,." '- . 6} CUP No, 07-25 April 22, 2()1J8 Page .1 REQUEST & LOCATION "-- The project site is located on the east side of Waterman Avenue, between 29th Street and Country Club Lane (Attachment A - Location Map). The applicant requests approval to construct a multi- tenant retail center consisting of 3 suites for a total of 3,440 square feet and a I,S93 square-foot restaurant with drive-through lane (Attachment B - Site Plan). The center has been designed with a contemporary architectural style, and fa<yades will be articulated on all sides through the use of stucco and stone wainscot. Roofline treatment will be foam cornice with stucco finish to match the elevations. Storefronts will be decorative with mullion framing and tempered glass, SETTING & SITE CHARACTERISTICS The property is approximately 29,537 square-feet in size, rectangular in shape, and formerly the site of a gas station and a restaurant. A demolition permit was issued in 2005 and all structures were removed and the site cleared. No conditions are known to exist that would preclude development as proposed. The underground storage tanks were removed in 2005, and the developer has obtained a certificate from the San Bernardino County Fire Department, Hazardous Materials Division, verifying the hazardous material abatement. -- To the north, across 29th Street, is the La Bodega Wine & Spirits liquor store in the CG-I, Commercial General land use district. To the east, adjacent to the property, are single-family residences in the RS, Residential Suburban and CG-l, Commercial General land use districts, To the west, across Waterman Avenue, are single-family residences in the CO, Commercial Office land use district. To the south, across Country Club Lane, are single-family residences in the RS, Residential Suburban land use district. BACKGROUND The Development & Environmental Review Committee (D/ERC) reviewed the proposed project on October 4, 2007, and December 20, 2007, and the item was moved to the Planning Commission pending revisions to the Site Plan. Revised plans were submitted on March 14, 200S. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed project is Categorically Exempt from the California Environmental Quality Act, pursuant to Section 15332 for In-Fill Development Projects. The submitted plans and supporting reports indicate that there will be no potentially significant effects on the environment, and the project qualifies for exemption. The applicant has obtained a certificate from the San Bernardino County Fire Department for removal of the underground tanks. The site is not on the list of sites maintained by the California EPA's Department of Toxic Substances Control for properties contaminated by hazardous materials. - - '. :. ~ CUP No, 07-25 April 22. 2008 Page 3 FINDINGS & ANALYSIS "'"-, 1, Is llle 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? Multi-tenant shopping centers are permitted in the CG-I district with a Conditional Use Permit. Retail businesses, restaurants, and other local-serving establishments listed in Development Code 919.06.020 (Table 6.01) would be permitted. The Site Plan complies with all of the applicable provisions of the Development Code (see Table I), including the minimum standards for setbacks, height, lot coverage, parking, landscaping, etc, The retail building height is proposed at 21 feet at theroofline, and will appear to be two stories high at the east property line and adjacent to the street. TABLE I. DEVELOPMENT CODE & GENERAL PLAN CONSISTENCY _.' CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN CODE Permitted Use Retail Center & Permitted subject to Consistent Dri ve- Thru Restaurant Conditional Use Permit Structure Height 21 '0" II story 30'0" I 2 stories N/A Setbacks - Front 69'0" 10'0" - Side n1a 0'0" N/A - Street Side 11'2" 10'0" - Rear 0'0" (commercial) 0'0" (commercial) 11'0" 10 '0" (adiacent to residential) i (adiacent to residential) Landscaping > 15% 15 % min. N/A Lot Coverage 18% 50 % max. N/A Parking 32 30 N/A 2. Is the proposed use consistent with the General Plan? - The proposed uses will be consistent with a number of General Plan policies and objectives. The Land Use Element (Table LU-2) lists the intended uses for the CG-Iland use district, and permits a variety of local and regional serving retail, restaurants, and related commercial uses that capitalize on the location along a major corridor. The proposal, as conditioned, will also be consistent with the following General Plan policies: - . (I CUP No, 07-]5 April ]], ]1)(j8 Page 4 -- Land Use Policy 2.2.1 - Ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element. -- Community Design Policy 5,7,3 - Maintain architectural interest and variety through varied rooflines, building setbacks, and detailed fa9ade treatments and maintain a strong sense of project identity through similarities in fa9ade organization, landscaping, material use, colors, and roof shapes. Community Design Policy 5,7.6 - Ensure architectural detailing, including richly articulated surfaces and varied fa9ade treatment, rather than plain or blank walls. 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? The application is consistent with the California Environmental Quality Act and Development Code Section 19.20,030(6). The proposed project is Categorically Exempt from the CEQA, pursuant to Section 15332 for In-Fill Development Projects. The submitted plans and supporting reports indicate that there will be no potentially significant effects on the environment, and the project qualifies for exemption, 4, Are there potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? '- There are no potentially significant negative impacts upon environmental quality or natural resources. The project will redevelop a 29,537 square-foot property that is surrounded by urban development and has no habitat value. 5, Are the location, size, design, and operating characteristics of the proposed use compatible with the existing and future land uses within the general area in which the proposed use is to be located and will it create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City? - The center will be compatible with existing and future land uses within the general area, and will enhance and not adversely impact adjacent residences or businesses. Existing single-family homes to the east of the site are permitted uses, and will be shielded from the proposed use by an 8-foot high decorative wall and landscaping, The drive-through lane is located at the rear of the property, which will be shielded by a block wall, and the speaker system will have a volume control feature. Condition of Approval No, I limits the hours of operation for the drive-through window from 6:00 a.m. to 11:00 p,m. daily, due to the proximity of residences near the site. Another Condition of Approval requires consistent architectural treatment on all sides of the retail building, to include the stucco finish and cornice trim to match on all sides, Conditions are included to require on-site lighting to be contained within the property, to limit potential glare on adjacent residences, The proposed project, as designed, is not expected to adversely impact . Ie CUP No, 07-25 April 22, 2008 Page 5 .,...-. neighboring residences or businesses, and will not be adverse to the public interest, health, safety, convenience, or welfare of the City, --... 6, Is the subject site physically suitable for the type and density/intensi(v of use being proposed? The site is designated Commercial General, CG-I, and will be suitable for the intensity of use that is proposed, The site was previously developed with an automobile repair and service station and a restaurant. The location, size, shape, design, and operating characteristics of the proposed project (as conditioned) is appropriate for the site. 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? The project will not be detrimental to public health and safety. All agencies responsible for providing access, water, sanitation, and other public services have all had the opportunity to review the proposal and can serve the location. The project is designed to comply with all applicable provisions of local, state, and federal regulations. CONCLUSION The proposal is consistent with the General Plan and the Development Code, and satisfies all Findings of Fact required for approval of Conditional Use Permit No. 07-25. - RECOMMENDATION Staff recommends that the Planning Commission approve Conditional Use Permit No. 07-25 based on the Findings of Fact contained in the Staff Report, and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). Respectfully Submitted, ~(/.~uv Valerie C. Ross Development Services Director ~~ Brian Foote Associate Planner -.""".. Attachment A Attachment B Attachment C Attachment D Location Map Site Plan, Floor Plan, Elevations Conditions of Approval Standard Requirements - (I <I ATTACHMENT A "- PLANNING DIVISION CITY OF SAN BERNARDINO LOCATION MAP HEARING DATE: 04/2212008 PROJECT: C.U.P. No. 07.25 OJ "'0 " ffi~)> m )> ::0' ,Z i ~ff~~ iil- C-" 0 ::Q m Ci) C ~ ~ ~ Fii ~- HfE 5td f;; 29THl " OJ o m -< ~ r.- m }~ ,)> ~ -.. NORTH --.-.u II -30TH;" . O'C-OONTR.'(,c-C[OB- " 28TH r.- m " o ::< -(C)-C' -f5--8- Ld._~LEXAN[ DER] ItyO an emar 1n0 '., I I \ " ~.... 1.1 . I L I . T ' -, -- ...... \ \'- "-. ~ EXr~C.?$"':.____ Attachment 1 " .,.......!. ... .."...~T-- m X 'i Ii ~ ~ ~ ~ , II WWI1O" ..I.... COUNTY CLUB LANE - -- --------- EXT', RESIDENTr....1. - i;: %'lOO@€€@IS€€'3@3@'~6Gee6fJ€G~ ~~~ ii~~j~~!i~ n '~~~~. ~ '!I"il--- i I ~H ....,,,,,,, j I' i' 'I 'I j~~ 'o3@'i ,~A i~in! ~ 'ill ii~BH!!l::lii!jlii!j'i!~'ii;~~~dA i I i< ~~n ~ i" . 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I, This permit/approval authorizes construction of a multi-tenant retail center totaling 3,440 SF, and a restaurant with drive-through window totaling 1,893 SF, on a 29,537 SF parcel located on the east side of Waterman Avenue between 29th Street and Country Club Lane. The hours of operation for the drive-through window shall be permitted to begin at 6:00 a.m. and shall . end at 11:00 p,m. each day, 2, Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void, In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements. Expiration Date: APRIL 22, 2010 Project: Conditional Use Permit No. 07.25 - 3. The review authority may grant a one-time extension, for good cause, not to exceed 12 months, The applicant must file an application, processing fees, and all required submittal items, 30 days prior to the expiration date, The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold hannless 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 for 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. .- - . . CUP No. 07-25 Conditions April 22, 2U08 Page 2 014 5.. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the re-filing of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, 'd, A reduction in density or intensity of a development project. 6. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use ofland or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy may be issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Department of Public Works prior to the issuance of the Certificate, if necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. ....... 7. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19,20 - Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and. other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs, off-street parking and off-street loading; and, vibration control. Screening and sign regulations compliance is important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 8, The property owner(s) and tenants shall comply with the requirements of other agencies (e.g. California Board of Equalization, California Department of Transportation, San Bernardino County Department of Environmental Health, etc.) as applicable. 9, The project shall comply with all applicable requirements of the Public Works! Engineering Division, BuildingIPlan Check Division, Fire Department, Police Department, Municipal Water Department, Public Services Department, and City Clerk's Office, ."f__ 10, The building architecture shall conform to the approved elevations, and the retail building shall have consistent architectural treatment on all sides (to include the stucco finish and cornice treatment on all sides). Prior to changing the approved building colors in the future, the owner shall submit a proposal and receive approval from the Planning Division. --- ~ . CUP No. 07-15 Conditions April]], 1008 Page 3 of 4 '''- II. All perimeter walls shall be constructed of decorative materials (e.g, slump stone, stucco, or split-face block with cap rock), Both sides of the wall shall have the decorative finish, 12. The speaker system for the drive-through window shall have a volume control feature, and speaker volume shall be reduced during the evening and early-morning hours if necessary, 13. Light poles shall not be placed along the easterly boundary of the property. Illuminated bollards, landscape lighting, or similar path lighting may be utilized for the drive-through lane or where excessive light spillover would impact nearby residences. 14. Exterior lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the site, and shall be directed downward and away from adjoining properties, All lighting fixtures shall be decorative and appropriate in scale, intensity, and height to the use. 15. All exterior lighting shall be energy-efficient with provisions to reduce usage when buildings are closed. 16, Any equipment, whether on the roof, side of structure, or ground, shall be screened from view, The method of screening shall be architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design and include landscaping when on the ground. .~- 17, The overall landscape plan approved for this project shall meet the provIsIOns of Development Code gl9,28 (Landscaping Standards) and shall include turf grass as a component of the groundcover within planter areas adjacent to public rights-of-way. Wood/bark chips shall be used sparingly and shall not be the primary groundcover material. 18. The applicant shall post a bond in an amount equivalent to the cost of landscaping including landscape installation and one year of maintenance service. The purpose of the bond is to ensure that all landscaping survives the planting process and lasts for a period of at least one- year, The bond will be released no sooner than one year after issuance of the Final Certificate of Occupancy, and only after such time as the survival of the landscaping has been verified by City staff. 19. Barbed wire, razor wire, concertina wire, and/or electrified fences shall not be permitted anywhere on the site. 20. Signs are not approved as a part of this permit. Prior to establishing any new signs, the applicant shall submit an application and receive approval for a sign permit from the Planning Division. <....-. 21. Signslbanners shall not be placed on or over the roof or within landscaped areas. Banners and other signs for special events (i.e., grand openings) will require a Temporary Sign Permit to be approved prior to installation. Signslbanners shall not encroach into public right-of-way. - . o CUP No. 07-25 Conditions April 22, 200S Page 4 0(4 "...--, 22, No painted window signs, roof signs, penn anent sale or come-on signs will be pennitted at this site. 23, Any security gateslbars, doors, and window bars shall be installed only on the inside of the structure, Video surveillance equipment installed on building exteriors shall be painted to match the structure, or treated to blend with the architecture of the development 24, Vending machines shall not be located on the site unless secured within a building, 25. Public pay telephones provided on-site, if any, shall not be set up for incoming calls, Public telephones shall be located within the structures and featured with out-call service only. 26, The property owner(s) shall be responsible for regular maintenance of the site. Vandalism, graffiti, trash, and debris shall be removed within 24 hours. The management shall take a photograph of the graffiti and provide to the Police Department prior to removing the graffiti. 27, Outdoor displays and/or storage shall be prohibited. Outdoor dining facilities and similar amenities as detennined by the Director shall be exempt from this requirement 28. Music and operational noise shall not exceed the standards specified in Development Code 919.20.030 and San Bernardino Municipal Code 98.54 (Noise Control). "'- 29, Submittal requirements for pennit applications (building, site improvements, etc.) to the Building/Plan Check Division and the Public Works/Engineering Division shall include all Conditions of Approval and Standard Requirements issued with the Planning approval to be printed on the plan sheets. 30, No final Certificate of Occupancy shall be issued until all conditions of approval have been completed. A Certificate of Occupancy shall be obtained from the BuildingIPlan Check Division prior to opening any business to the public. 31. This permit/approval is also subject to the attached conditions or requirements of the following City Departments or Divisions: a. b. c. d, Development Services Department - Public Works/Engineering Division Development Services Department - BuildingIPlan Check Division Fire Department San Bemardino Municipal Water Department Public Services Department e, End of Attachment C See attached Standard Requitements - ~ <B '- ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department - Public Works Division Standard Requirements Description: A request to construct two retail buildings for a total of 5,333 sq.ft, on a 29, 537 lot. Applicant: Citicom Development Location: 2855 N. Waterman Case Number: CUP 07-25 1. Drainaae and Flood Control a) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. ,,~ b) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. c) A Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the City's web page at www.cLsan-bernardino.ca.us - Departments - Development Services - Public Works for templates to use in the preparation of this plan. d) The City Engineer, prior to issuance of a grading permit shall approve the WQMP. 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. .'- - .......,...... .,-..... - ~ Project: Two Retail bUil\ls with drive thru Case No. CUP 07-25 Page 2 of? 2. Gradina and LandscaDina a) The 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) 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"). c) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6" high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5' deep and may overhang the landscaping or walkway by 2.5'. Overhang into the setback area or into an ADA path of travel (minimum 4' wide) is not permitted. Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points, The space between the curb and wall, fence, properly line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. d) e) Refuse enclosures must be constructed in accordance with City Standard Drawing No. 508 modified to provide ADA accessibility. The modified trash enclosure design shall be detailed on the on-site improvement plan. 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) Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3' wide by 6 .. high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee, Planning Commission or City Council. g) ;"1 ,e ~. Project: Two Retail bUil.S with drive thru Case No, CUP 07-25 h) Page 3 of? All fencing shall be shown and detailed on the on-site improvement plan, i) Interior fencing material within 5 feet of the structure shall be either non-combustible or 1-hour fire rated. Vinyl fencing is not allowed within 5 feet of the structure. ~ j) The Drive-through lane and the parking area adjacent to the building shall be constructed of PCC concrete pavement. k) The on-site improvement plan shall include details of on-site lighting, including: . light location, . type of poles and fixtures, . foundation design, . conduit location, size, and material, . the number and size of conductors in each conduit run. .._~ . 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-candle 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 accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. m) An 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 6.5 feet. n) Where an accessible path of travel crosses drive aisles, it shall be delineated by textured/colored concrete pavement, unless otherwise approved by the Development Review Committee, - 0) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 4 copies to the Engineering Division for Review, - 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. Upon request, the Real Property Section will prepare documents for execution by the property owner. The documents 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 $318,00 established by ordinance 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. Applicable to Commercial, industrial and multi-family development only. 3. Utilities .....;""" ,- . Project: Two Retail bUil.S with drive thru Case No, CUP 07-25 Page 4 of? p) 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. Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. 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. b) d) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. e) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions). /"_.' 4. Street Improvement and Dedications --.. a) For the streets listed below, dedication of adequate street right-of- way (R.W.) to provide the distance from street centerline to '",- ."'- .- '-" ~ (. Project: Two Retail builidlr.s with drive thru Case No. CUP 07-25 Page 5 of? property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right of Wav(ft.) Curb Line(ft) 29TH Street 30 ft, 20ft. Country Club Lane 30ft. 20ft. Waterman Street 55 ft. 32ft. b) 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. c) Construct sidewalk adjacent to the site in accordance with City Standard No, 202, Case "A" (6' wide adjacent to curb). If the existing sidewalk and/or curb & gutter adjacent to the site are in poor condition, the sidewalk and/or curb & gutter shall be removed and reconstructed to City Standard.s. Curb & Gutter shall conform to Standard No. 200, Type "B" and sidewalk shall conform to Standard No. 202, Case "A" (6' wide adjacent to curb), unless otherwise approved by the City Engineer. d) e) Construct accessible curb ramps in accordance with Caltrans Standard, modified as approved by the City Engineer to comply with current ADA accessibility requirements, at the curb return on Waterman and 29th Street which is adjacent to the project site, the curb radius shall be 25 ft. Dedicate sufficient right-of-way at the corner to accommodate the ramp. f) Construct Driveway Approaches per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. g) The pavements on 29th Street and Waterman and Country Club Lane and Waterman adjoining the site shall be rehabilitated to centerline using a 2" grind and overlay and repair where the road has failed. ,_ ..I Project: Two Retail bUills with drive thru Case No. CUP 07-25 '- Page 6 00 Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2. h) 5. Reguired Engineering Plans a) A complete submittal for plan checking shall consist of street improvement, sewer, storm drain, lighting, grading, on-site landscaping and irrigation, and other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. b) The rough grading plan may be designed and submitted in combination with the precise grading plan. c) All improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. d) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. -- e) Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2000, and include a .DXF file of the project. Files shall be on a CD and shall be submitted at the same time the final mylar drawings are submitted for approval. f) Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.cj.san-bernardino.ca.us/site/pw/default.htm 6. Reauired Engineerina Permits a) Grading permit. b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. c) Off-site improvement construction permit. - - ..,_..~ -- J'""~~ - A ~... Project: Two Retail bUil~S with drive thru Case No, CUP 07-25 Page 7 on 7. Applicable Enaineerina Fees a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking, b) The current fee schedule is available at the Public Works Counter and at htto://www.ci.san-bernardino.ca.us/site/ow/default.htm c) Expeditious plan review is available. A non-refundable fee in the amount of 125% of the estimated plan check fee for each set of plans will be required at time of application for expedited plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. CITY OF SA~ BERi"JARDINO - Interoffice Memorandum To: From: Subject: Date: Copies: Brian Foote, Associate Planner Robert Eisenbeisz, City Engine~ Review of CUP 07- 25 Traffic Study August 28, 2008 File No. 13.47 Staff has reviewed the referenced traffic study dated August 6, 2008 by Kunzman Associates to assess the circulation impacts associated with the construction of a 1,893 square-foot fast food restaurant with drive-thru lane and 3,440 square-foot retail center. The proposed site is located along the east side of Waterman Avenue between 29~h Street and Country Club Drive. Staff recommends project approval with the following requirements: . Staff has reviewed Table 3 (Project Traffic Generation) and concurs with the project trip estimation. . Staff concurs with the Study's "Circulation Recommendations" (Figure 26) and would suggest that the westbound approach on 29th Street at Waterman Avenue be re-striped to include an optional thru/left-turn lane with a separate right-turn only lane. Parking will be restricted along both sides of 29th Street (to 100' E/O Waterman Avenue) to accommodate the proposed stripin~. StatY will continue to monitor this segment of Waterman Avenue between 29t Street and 28th Street to insure satisfactory traffic circulation. . Install "Keep Clear" striping and pavement markings for northbound traffic at the intersections of Waterman Ave./29th Street and Waterman Ave./Country Club Lane. - . .) - . . . . . . -;,) . . . . . . . E. Recommendations The recommendations in this section address on-site improvements, off-site improvements and the phasing of all necessary study area transportation improvements, 1, On-Site Imorovements On-site improvements and improvements adjacent to the site will be required in conjunction with the proposed development to ensure adequate circulation within the project itself (see Figure 26). Construct Waterman Avenue from East 29th Street to Country Club Lane at its ultimate half-section width including landscaping and parkway improvements in conjunction with development. Construct East 29th Street from Waterman Avenue to the project east boundary its ultimate half-section width including landscaping and parkway improvements in conjunction with development. Construct Country Club Lane from Waterman Avenue to the project east boundary its ultimate half-section width including landscaping ancl parkway improvements in conjunction with development. Sight distance at the project accesses should be reviewed with respect to Califomia Department of Transportation/City of San Bernardino standards in conjunction with the preparation of final grading, landscaping, and street improvement plans. On-site traffic signing and striping should be implemented in conjunction with detailed construction plans for the project. The site should provide sufficient parking spaces to meet City of San Bernardino parking code requirements in order to service on-site parking demand. 2, Off-Site Imorovements The east and west legs at the intersection of Waterman Avenue/East 29th Street to be restricted for right turns out only. As is the case for any roadway design, the City of San Bernardino should periodically review traffic operations in the vicinity of the project once the project is constructed to assure that the traffic operations are satisfactory, ) ....-. . 49 . ra '- Cit)' of San Bernardino STA~DARD REQl'IRDIE~TS De~'elopment Senices/Plan Check Division Property Address: M\~ 0 \ 60 - Ol3 - ILl DRClCCP/DP: eMf ~ ol- 2...6 DATE: 4-\2.L\()~ :\fOTE: NO PLANS WILL BE ACCEPTED FOR PLAN CHECK WITHOUT CONDITIONS OF APPROVAL IMPRINTED ON PLAN SHEETS. Submit 6 sets of plans, minimum size 18" x 24", drawn to scale. If plan check is for expeditious review, submit 6 sets. The plans shall include (if applicable): .,:- . - . . . . . . . . SITE PLAN (include address & assessors parcel number) FOUNDATION PLAN FLOOR PLAN (label use of all areas) ELEVATIONS ELECTRICAL, MECHANICAL & PLUMBING PLANS DETAIL SHEETS (structural) CROSS SECTION DETAILS SHOW COMPLIANCE WITH TITLE 24/ACCESSIBILITY (disabled areas) PLAN CHECK DEPOSIT FEE WILL BE REQl1RED l:PON SrBMITTAL OF PLANS. CALL DEVELOPMENT SERVICES (PLAN CHECK) FOR AMOI:NT. ND1BER TO CALL: (909) 384-5071 I. The title sheet of the plans must specify the occupancy classification, type of construction, if the building has sprinklers and the current applicable codes. 2. The person who prepares them must sign the plans. Also, provide the address and phone numher of that person. Some types of occupancies require that the plans are prepared, stamped and sillned by an architect, engineer or other person licensed by the State of California. J. For .~tructures that must include and engineers design, provide 2 sets of stamped/wet .signed calculations prepared by a licensed architect/engineer. '- '.', \ 'I)' Sr:'~.o.:l "~I~ llo:, ;Jrdd,I), ( .\ '):!~ Il'! I'JII'J, ;:~~.51!-1 f lJf:l:t' I Ij!)!} , ;.'<.J.51"~1, I ..I.' ~ " ~, Pro\ide 2 sels of Tille Z~ Energ~ <omplian<e forms and <aklllalions. SOllie wmplian<e forms .n' ""III ired III be printed on Ihe plans, '-..,.- 5. Snbmit grading. site and. or landscape fllans 10 Pllblic Works, Engineering for plan check .I'pro\al and permils. For more information. phone (909) 38~-5111. 0, Fire sprinklers plans. lire suppression s~ slem plans. elc. shall be submitted 10 Ihe Fire Department for plan check appro\ al and permits. For information. phone (909) 38~-5388. Siens re'luire a separale suhmittal to the Planninll Dishion for pfan check appro,al and permits. ~'or information. phone (909) 384-5057. 8. Restaurants. food preparation fadlities and some health related occupancies wiJ/ require clearances and approved plans from San Bernardino County Health Department. For information. phone (909) 387-0214. 9. Occupancies that Include restaurants. car washes. automotive repair/auto body. dental offices. food preparation facilities or processing plants. etc. may require appronls 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 :\Ianagement Division for information at (909) 396-2000. II. State of California Business & Professions Code/Contractors License Law requires that permits can be issued to licensed contractors or owner-buUders (that are doing the work). Contractors must provide their State License :-; umber. a city business regIstration and workers compensation policy carrier and polley number. Owner-builders must provide proof of ownership. :\'on:: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXI\IA TEL Y 4-6 WEEKS FOR FIRST CORRECTIONS. EXPEDITIOl'S REVIEW IS APPROXL\IA TEL Y 10 \VORKr.-.rG DA YS, THE DEVELOPMENT REVlEW PROCESS lS NOT THE BL'lLDrNG PLAN CHECK AND DOES NOT lMPL Y THAT THE DESIGN AS Sl '8:\.I!TTED \VILL BE APPROVED WITHOUT CORRECTIONS. Comments: "'- '. '" CITY OF AN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case: c.vp 07. LS Dale: 10 - 4 . 7 '- 1.. ~ 5,C; rI. /I'J A7tE"L17{ ArJ Reviewed By: QFi7.J iNERAL REQUIREMENTS: Provide one additional set 0' construction pl:'lns to Building and Safety for F. ire Department use at lime.of plan check. Contact the City 01 San Bernardino Fire Department at (909) 384-5585 for specific cfetaned requirements. .2 The developer shall 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 !Ill!!! be available 2.!'!g[ to placing combustibJe materials on site. WATER PURVEYOR FOR FIRE PROTECTION: 171 The fire proIGdion water servic8 'Of the area of this pro;ecz is pro\l'ided by. ,.. B San Bell1llrdino MunICipal Waler Department-Engineering (909) 384.5391 o Em Valley Waler Dlslrict-Englneering (909) 988.9988 o Other Waler purveyor. Phona: PUBLIC FIRE PROTECTION FACILITIES: IF GX/'ST'ItK1 IS liar ('.oll1lh.y'IA.J~ SHnu.. Be". UfY.;/l4Pt;;'lJ .J7l Public fire hydrants are required along streets al inlervals not to 8)'caed 300 feet for commercial and mutti-res1csential areas and at intervats not to exceed ,.. 500 feet for reoldentlal araaa, -=" o Fire hydrant minimum now rates of 1 ,500 gpm at a 20 psi minimum residual pressure are required for commercial and muJti.reaidentiaJ areas. Minimum fire ,... hydrant flow rates of 1.000 gpm at a 20 psi minimum residual pressure are required for residential areas. ~ Fire hydrant type and specifJc location shall be jointly detennined by the City of San Bernardino Fire Department In conjunction with the water purveyor. Fire hydrant materials and instaUation shall conform to the standards and specifications of the water puNeyor. Public fire hydrants, fire services, and public water facilities necessary to meet Fire Department requirements are the devefoper's financlaJ l8sponstiUty and shall' be installed by the water purveyor or by the developer al the water purveyor's discrelion. Contact the water purveyor indicated above for additioI1aI information. ACCESS: B Provtde t'MJ separate, dedicated rot.ltes of ingress/egress to the property entrance. The routes shall be paved. aU weather. Provide an access road to each building fer lire apparatus. Access roadway shall have an all-weather driving surface of not less than 20 feet of unot). slructed width. D Extend roadway to WIthin 150 leet 0' all portions of the exterior wall of all single story buildings. o Extend roadway to within 50 feet 01 the elC!drior wall 01 all mUlt~ie.$tory buildings. o Provide "NO PARKING" signa whenever parking 01 vehickts would possible reduce the clearance of access roadways to less than the required IMdIh. Signs are 10 read "FIRE LANE-NO PARKING-M.C. Sec. 15.16", '........... D Dead-end streets shall not exceed SOO leet in :ength and shall have a minimum 40 foot radius turnaround. o The names of any new streets (public or pri"ate) shall be s'.Ibmitted to the Fire Department for approval. SITE: o All access roads and streets are to be constructed and usable prior to combustibte construction. o Private fire hydrants shall be installed to protect each building located more than 150 feet fr,')ffl the curb line. No fire hydrants should be 'ItfIhln 40 feet of any exterior wan. The hydrants shall be Wet Barrel type, ~h one 2~ Inch and 4 inch ouuet, and approved by the Fire Department Area a4acen1 to fire hydrants shall be designated as a "NO ~.ARKlNG" zone by painting an 8 inch 'Nide, red stripe for 15 feet in each direction In front of the hydrant in such a manner that itlMll not be blocked by parked IJshiCles. Lettering Io be in lNhite 6" by }2". BUILDINGS: ');;y Address numeraJs-shall be installed on lhe building al the front or other approved locaticn in such a manner as to be visible 'rom the frontage street Com- ~ mercial and multi famity address numerals shall be. inches tall, single lamily 1ddress numerals shall be 4 inches tall. The color of lhe numeraJa ahaU c0n- trast Mth the color of the background. 0 .'ti( Identify each gas and electric meter ,11th the m':01ber of the unit it serves. U' Fire eXtinguishers must be installed prior!:J the b'J,lding t,oing occupied. The minim' 1m rat!ng for ~ny fire extinguisher is 2A 10BIC. Minimum diltrIbutIon of /""'" fire extinguishers must be such that no irilerior part of It-a building is over 75 feel travel distance from a fire extinguisher. o Apartment houses lNith 16 or more units, hotels (m'Jfels) with 20 or more units, 'Jr apartmer.ts or hotels (motels) three stories or more in hei~ shall be equipped with automatic fire sprinklers designed to NFP.<\ standards. o All buildings, over 5,000 square feel. Shdll be ~quippe-.:l with an automatic 'ire sprinker system dasigned to NFPA standards. This includes exislng buildings vacant over 365 days. J I "'5( Submit plans for the fire protection systeml:! the Fire D,'partniont prior to beginning construction ct the Sy. stem. Permit requ. ired. If CDl> 0..Jpp12e:lS1 Q Tenant improvemenls in all spr:l"!klcred bUIldings are 10 be .-.pproloed by 'h~ Fire Department plior to start vI .;Olistrucllcn. Permit required. o Provide fire alann (required lhrougl1cutJ. ?:"tOS must be iJj:;pro\/ad by the Fire Gepartment prior tc start 01 :nstallalion. Permit required. ~Fire Depertment connection to sprinkler <;~SliJmlslandplpe system, shall be required at Fire D$partment aJ.'Proved location. Fire Code Permit required, "1pply at 200 B.iSt 3rd street. (909) 384-5388. MAY ~E: ~, IlJ:O Fire Sprinkler monitoring required. Plans fTll..sl be approvoo by the F!~e Depart'mem prior to the start 01 construction. Permit required. o Occupant Load. Note: The applicant must request, in wrilhg. My .;hanyes to Fire Department requirements. ADDITIONAL INFOAMA TION: -I FPBl70(03.031 .~BERNARDINO MUNICIPAl. WATER DEPART~J STANDARD REQUIREMENTS DRCIERC Caso: CONDITIONAL USE PERMIT NO, 07-25 ''-^ APN NUMBER: EPN NUMBER: REVIEW OF PLANS: OWNER: DEVELOPER: TYPE OF PROJECT: 150-073-21 DATE COMPILED: 10/3/2007 COMPILED BY: Brunson, Ted NUMBER OF UNITS: LOCATION: Segal Family Partnership Citicom Development A request to construct two retail buildings for a total of 5,295 sq ft on a 29,537 sq ft lot Building 1 . 1,700 sq ft. drive- thru restaurant Building 2 -3,595 sq, ft. mu~~tenant retail building on the E1s of Waterman between 29th St & Country Club Ln. 2 East side of Waterman Ave. between 29th Street and Country Club Lane WATER DEPARTMENT ENGINEERING: CONTACT: Ledbener, Steve PHONE NUMBER: (909) 384-7225 ~AX NUMBER: (909) 384-5532 Note: All Water SemeN are Subject to the Ru/as Regu/aUons of tha Water Department " Size of Main Adjacent the Project 8" STEEL in Waterman; 6" STEEL in 29th 51. & Country Club Lane ~ Approximate Water Pressure MR!i Elevation of Water Storage: Hydrant Flow @ 2Opsi: !l Type, Size, Location and Distance to Nearest Fire Hydrant 007-206 =- Water Supply Study Required ~ Pressure Regulator Required on Customer Side of the Meter = Offsite Water Facilities Required Water Main Reimbursement Due -= Area Not Served by San Bernardino Municipal Water Department .~ Networ1< Hydraulic Analysis Required per Uniform Design Standards Comments: WATER QUALITY CONTROL CONTACT: Anieta, Con PHONE NUMBER: (909) 384-5325 ~ RP.P. Backflow Device Required at Service Connection for Domestic Service 'i.. Double Check Backftow Device Required at Service Connection for Fire and Irrigation '- ~ Backflow Device to be Inspected before Water Service can be Activated -_ No Backflow Device is required at this time SEWER CAPACITY INFORMATION CONTACT: Thomsen, Neil PHONE NUMBER: (909) 384-5093 FAX NUMBER: (909) 384-5592 Note: Proof of Payment Must be Submitted to the Building Safety Department PrIor to Issuance of the Building Pennlt .~ Sewer Capacity Fee Applicable at this time ~~ Sewer Capacity Fee must be paid to the Water Department for Q. Gallons Per Day: Equivalent Dwelling Unns: Q. ~ Subject to Recalculation of Fee prior to the Issuance of Building Permit = Breakdown Of Estimated Gallons Per Day FAX NUMBER: (909) 384-5928 COPY TO: Customer; Planning; Engineering ,"""-. - Wednesday, October 03, 2007 EPM Page 1 of 1 - City of s'! Bernardino Public servicl Department Development Project Conditions of Approval 300 North D Street - 4th Floor San Bernardino, CA 92418 '- Project Number: CUP No. 07-25 Project Planner: Brian Foote Review Date: 10/04/07 I I Project Description/Business Name: Construct a multi-tenant retail center consisting of a 3,440 5F multi- tenant building and a 1,893 SF drive-thru restaurant. Project Location/ Address: East side of Waterman Ave. between 29th Street & Service Account: new Country Club Lane. Reviewed By: e-mail: Phone: Gracie Washington washington_gr@sbcity.org 909.384.5549 x1050 . 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. o Demolition & Site Preparation I 0 Construction / Renovation I 0 Business Operations or Event . Additional Requirements or Recommendations - City of San Bemardino Public Services Department Standard Development Requirements Page 1 of 3 o . .-- City of San Bernardino Public Services Department Standard Development Requirements 300 North 'D' Street - 4th Floor San Bernardino, CA 92418 -. COMMERCIAL & INDUSTRIAL DEVELOPMENT COLLECTION SERVICES 1. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and industrial locations within the City shall be provided by the City of San Bernardino Public Services Department unless otherwise franchised or permitted, [MC 9 8,24.140] 2. New accounts require a completed Service Application, with a full deposit and a copy of manuals for all compactor units, returned to the City of San Bernardino Refuse & Recycling Division prior to issuance of the final Certificate of Occupancy, 3, Shared refuse and recycling services for multi-tenant commercial sites shall be billed to a single owner or property manager; leases shall include terms to accommodate sub-metered services. 4, All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly, and all other solid wastes shall be removed at least once weekly. [SB County Health, Sanitation and Animal Regulations 9 33.083] S, All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City recycling services for maximum diversion within 30 days of opening business, or establish an alternative diversion program to be identified in the IWM Survey for the project. - AUTOMATED CART SERVICE TO NONRESIDENTIAL FACIUTIES 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. 777ese 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 S AM and 5 PM Monday through Saturday shall provide access code or key to Public Services, SHARED COLLECTION AREAS - RECIPROCAL ACCESS 10. Front-load bin enclosures and roll-off compactor units may be shared across existing or proposed property lines if enclosures or equipment provide adequate capacity for anticipated refuse and recyclable materials generation, AND if Reciprocal Access for shared collection areas is recorded with the property, ROLL-OFF COMPACTOR UNITS 11. Sealed compactor units dedicated separately to refuse and recyclables may be required to be installed at facilities with an anticipated waste generation of 60 uncompacted cubic yards per week, 12, Roll-off compactor units must be installed according to manufacturer's and City Engineering specifications with the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter for safe access. ._,~, City of San Bernardino Public Services Department Standard Development Requirements Page 2 of 3 ;'iD"PS:,Ut:Jjr)3 '- 13. Roll-off boxes at locations receiving City service must meet City rail and hook specifications per City Engineering Standard No. S10. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side design may be subject to a roll-back charge, 14, Compactor equipment shall be screened from view of public right-of-way by materials compatible with building architecture: and landscaping as specified by City of San Bernardino Development Code. [MC i 19.20.030 (21)] , 15, Location, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and compactor I screening, shall be shown on site plans and labeled that construction shall meet City Engineering Standards, I EXISTING BIN ENCLOSURES , I 16, Existing bin enclosures must have minimum inside dimensions of 7'9" x 9' OR 15' x 4'5" to fit two 3CY bins. Existing i enclosures must have block walls, inside bumper guards or curbing, and solid steel gates, OR enclosure(s) must be reconstructed to meet Engineering Standard No. 508. Enclosure may be relocated for best drive access and alignment, plans subject to Public Services approval. (Please note, if site will generate 2CYor less of solid waste per week, see Residential Collection options.) FRONT -LOAD BIN ENCLOSURES 8r. ACCESS 17, 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 942911] 18, Front-load compactor units must be contained in an enclosure large enough to hold the unit and one additional bin facing lengthwise, 19, Front-ioad bin and compactor enclosures must be constructed according to City Engineering Standard No, 508, Rear or side pedestrian entry shall be provided on enclosures for all multi-unit residential development. Pedestrian entry on free- standing enclosures shall have a 4-foot width, no gate or door, and an 'L' shaped block screen the same height of the enclosure. 20, Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved, without crossing curbs, steps, or driveways, 21. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water. 22. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code i 1103,2.2] 23, Only refuse bins and the contents therein for disposal may be stored in refuse enclosures. All other equipment, fixtures, and materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus supplies are strictly prohibited, 24. Enclosures shall be buffered with landscaping when viewable from public right-of-way, and vegetation shall not restrict gates or exceed height of enclosure. Include vegetation on landscape plans, 25, Enclosures shall be located with gates aligned for straight access for service vehicles, 26. Enclosures shall not obstruct drive aisles, driveways, loading zones, parking, handicap access, or visibility of cross-traffic from drive aisles, alleys, or streets. Location shall not cause service vehicle to block access drives during while bins are being serviced, 27, Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to parking shall be separated by a minimum 2-foot wide curbed area out to the farthest point of both gates, and designed to safely restrict gates from opening into parking spaces or landscaped areas. 28, Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on site plans I and labeied that construction shall meet City Engineering Standards. - I MULTI-UNIT DWELUNGS 29, Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved, , 30, Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse & commingled recyclables, Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications adopted in accordance with Model Ordinance as required by CA PRC 942911] - - City of San Bemardino Public Services Department Standard Development Requirements Page 3 of 3 ',.,::'".J.. '~.',.'f). .. r,,-... \~~. ~-) .',.' '",-,,'. -) - EXHIBIT 3 CITY OF SAN BERNARDINO Development Services Department - Planning Division Memorandum To: From: Planning Commission Brian Foote, Associate Planner ~ Valerie Ross, Development Services Director Teni Rahhal, Deputy Director/City Planner Henry Empeiio, Jr., Senior Deputy City Attorney 09/10/2008 Item I: Conditional Use Permit No. 07-25 cc: Date: Re: On August 5, 2008, the Planning Commission continued the above- referenced item to allow the applicant additional time to prepare a traffic study to address the concerns raised and discussed in the public hearing of April 22, 2008. The traffic study was submitted on August 26, 2008. The City Engineer has accepted the conclusions and recommendations contained in the traffic study, as summarized in the attached memo dated August 28, 2008, which is hereby added to the standard requirements (Attachment D) of the staff report dated April 22, 2008. The study recommends lane striping improvements for the intersection of Waterman Avenue and 29th Street. Recommended Motion: That the hearing be closed and that the Planning Commission approve Conditional Use Permit No. 07-25 based on the Findings of Fact contained in the April 22, 2008, staff report and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D), as revised. .,-,... .-... '-,,'..', '}"'. . ". .',~, -" -) "'-' EXHIBIT 3 CITY OF SAN BERNARDINO Interoffice Memorandum To: From: Subject: Date: Copies: Brian Foote, Associate Planner Robert Eisenbeisz, City Enginett~_ Review of CUP 07- 25 Traffic Study August 28, 2008 File No. 13.47 Staff has reviewed the referenced traffic study dated August 6, 2008 by Kunzman Associates to assess the circulation impacts associated with the construction of a 1,893 square-foot fast food restaurant with drive-thru lane and 3,440 square-foot retail center. The proposed site is located along the east side of Waterman Avenue between 29th Street and Country Club Drive. Staff recommends project approval with the following requirements: . Staff has reviewed Table 3 (Project Traffic Generation) and concurs with the project trip estimation. . Staff concurs with the Study's "Circulation Recommendations" (Figure 26) and would suggest that the westbound approach on 29th Street at Waterman Avenue be re-striped to include an optional thru/left-turn lane with a separate right-turn only lane. Parking will be restricted along both sides of 29th Street (to 100' E/O Waterman Avenue) to accommodate the proposed stripin~. Staff will continue to monitor this segment of Waterman Avenue between 29t Street and 28th Street to insure satisfactory traffic circulation. . Install "Keep Clear" striping and pavement markings for northbound traffic at the intersections of Waterman Ave.l29th Street and Waterman Ave.lCountry Club Lane. . . ~~ . . . . . . . c::) . . . . . . . .') It" . EXHIBIT 3 E. Recommendations The recommendations in this section address on-site improvements, off-site improvements and the phasing of all necessary study area transportation improvements. 1. On-Site Imorovements On-site improvements and improvements adjacent to the site will be required in conjunction with the proposed development to ensure adequate circulation within the project itself (see Figure 26). Construct Waterman Avenue from East 29th Street to Country Club Lane at its ultimate half-section width including landscaping and parkway . improvements in conjunction with development. Construct East 29th Street from Waterman Avenue to the project east boundary its ultimate half-section width including landscaping and parkway improvements in conjunction with development. Construct Country Club Lane from Waterman Avenue to the project east boundary its ultimate half-section width including landscaping and parkway improvements in conjunction with development. Sight distance at the project accesses should be reviewed with respect to Califomia Department of Transportation/City of San Bernardino standards in conjunction with the preparation of final grading, landscaping, and street improvement plans. On-site traffic signing and striping should be implemented in conjunction with detailed construction plans for the project. The site should provide sufficient parking spaces to meet City of San Bernardino parking code requirements in order to service on-site parking demand. 2. Off-Site Imorovements The east and west legs at the intersection of Waterman Avenue/East 29th Street to be restricted for right turns out only; As is the case for any roadway design, the City of San Bernardino should periodically review traffic operations in the vicinity of the project once the project is constructed to assure that the traffic operations are satisfactory. 49 I .~.~ I I I I . . . ""..)....., ...... .-- ~.. . . . . I I ~ . The east and west legs at the intersection of Waterman Avenue/East 29th Street to be restricted for right turns out only. Construct Watennan Avenue from East 29th Street 10 Country Club Lane at its ultimate half-sedion width including landscaping and pari<way improvements In conjuncUon with development EXHIBIT 3 Figure 26 Circulation Recommendations Construct East 29th Street from Waterman Avenue to the project east boundary its ultimate half.section width including landscaping and par1<.way improvements In conjunction with development. ------ --~ COUNTY CLUB LANE r.::-..~--- / '.N... Construct Country Club Lane from Waterman Avenue to the project east boundary Its ultimate half-section width induding landscaping and partway improvements in conjunction with development. Sight dtstance at the project accesses shoutd be reviewed with respect to California Department of TransportationlCity of San Bernardino standardS in conjunction with the preparation of final grading. landscaping, and street improvement pians. Legend On-site traffIC signing and striptng should be implemented in conjunction with detatled constR.ldion plans for the project. ~ = Stop Sign . = Full Acee.. Dn_ The site should pnlvlde sufflcient pari<ing ;paces 10 meet City of San, Bernardino parlcing code reqwrements in order to service on-site parking demand. As is lhe case for any roadway design, the City of san BemaRlino should periodically review traffIC operations in the vicintty of the prc;ect once the projed is constructed to assure that the traffic operations are satisfactOfy. KUNZMAN ASSOCIATES 4204126 Ll"lh 30 YLM~-. or E"":HL(,r Str:'/ld 50 EXHIBIT 4 CITY OF SAN BERNARDINO Development Services Department, Planning Division 300 North "0" Street, 3'd Floor San Bernardino, CA 92418 Phone (909) 384-5057 . Fax (909) 384-5080 Web address: www.sbcity.org APPLICATION FOR APPEAL APPEAL FROM A DECISION OF THE (check one) o Development Services Director o DevelopmentJEnvirQnmental Review Committee )?4 Planning Commission Case number(s): C U,'\>~ 01...7...5 ':OISO-ln-::'.2l 0000 Project address:1Jt,t 'Si~ 1>\ ~rYVlI\ AVtJ tt-\'wl.ln ~ stYlet aM CH~h1~rluJcd'/ilU Appellant's name: r,i1iCjliYl \'Wv'l!.I~f'mwt Appellant's address: \2-64 IAI, C.ottbn kJPYlIJJ, ~l1d~ (lR OJ~371../ Appellant's phone:~ ~S C>~?::>? .ppellant's e-mail address: a.ltAn@Citl'(o.-dLLl.l~t.c.clt>t -"'-"<-'-' Contact person's name: P-.\ \lAr\ &twa~ Contact person's address: \'264 W, (tJ\~Avlnw. eutlI.u1ac f'.A ~'2->.,'li Contact person's phone:i!04 ~ ~~ Contact person's e-mail address:~\&h~<.i1iUlmcltvd.~.C6n\ Pursuant to Section 19.52.1 00 of the Development Code, an appeal must be filed on a City application form within 15 days following the final date of action, accompanied by the appropriate appeal filing fee, Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time of the appeal hearing, OFFICE USE ONLY ,-;0..", ,-,Jate appeal filed: 1 ~ e,...ff~ Received by: ~ 11104 EXHIBIT 4 REQUIRED INFORMATION FOR AN APPEAL _3pecific action being appealed and the date of that action:~mbtj"" IlLOpn iL\ ()~ CM.~ Dr ~ Specific grounds for the appeal:~fln\- !he's. -tblt \'f"'ro~ dJJt.tJbfmM.t doeo nht ---9~;~ ~IA~ {)Di~Il"rl (l}1dL-rhM' 'l>~tL(jl1Jt~ ~\\ Action sought: 'Nl Wt\\A\t:l. \\Iu ~ Wtr~4h.t tl1r\iW rl1\D. nb11lin ~1I1_ ~o fup D1,1$ .- Additional infonnation: -Signatureofappeliant: J.I:;;~ ~A '-- D.'~ 2 11104