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HomeMy WebLinkAbout20-Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION Dept: Development Services 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 29th Street in the CG-I, Commercial General land use district. MCC Date: February 2, 2009 From: Valerie C. Ross, Director 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. ~(/. &--- , 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: (Acct. No.) Account Description: Council Notes: lilel/'dUSLY Finance: ~z<l 2-2-09 Agenda Item No. 20 2-17-0c; CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ST AFF 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 W aterman Avenue and 29th Street in the CG-I, 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 W aterman Avenue between 29th Street and Country Club Lane in the CG-I, Commercial General land use district (Exhibit I - 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 10-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 Page 2 of2 After the public hearing was closed, Commissioner Mulvihill made a motion to deny the project, and Commissioner Munoz seconded the motion. Commissioners Mulvihill, Munoz 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). Financiallmnact: 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 '""'" 30 \ ~ ~ ro ~ ^ Ectd'. ..~.. ~~ >Igrm , .. . , F-~EE~~i_. I~F ~ L:5:. ~~ro 0 29JHl fri-=- ~.R~i.::O' 0 t'7 ;l;J ....-) 1m, 1 ~ 0 m ~ ~? ::0 ~ ~. Project Site O ro \ ~-:: -< m :l>~:" 01 t'7 ~ O~COOl\JTRY,~CLOB~ h; ::0 'f I I EXHIBIT 1 CITY OF SAN BERNARDINO LOCATION MAP PLANNING DIVISION HEARING DATE: 02/02/2009 PROJECT: C.U.P. No. 07-25 (Appeal No. 08-06) , ( 18) ~ ,,/ 1 ~~= ':t>_ t'7 -17- -j- - - - - - 28TH If 1 m I ::0 o :.< -c "C' -f -s- ,1- -iALEXANDER1 ( ) Ipt:O San ernardino.. I I \ I ,.:.ih iIlltlll.,_lllIiIlr- -_ J J ~ I.... NORTH -,---, JI. J I ~ 30TH~ U""',.<>'ITl 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: (I) 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 Sauerbrun Durr, Heasley None Coute, Hawkins, Longville and Rawls The decision of the Planning Commission is fmal 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 detemlination of the Planning Commission of the City of San Bernardino. ~~~ Terri Rahhal, Deputy Director/City Planner C)-3()-"'O~ Date cc: Case File, Department File, Plan Check, and Public Works/Engineering ~ I.:. EXHIBIT 2 ~ \~YI 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-l, 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 ST AFF RECOMMENDATIONS: . Approval . Conditions o Denial o Continuance to: ".. 'V. (!oj CUP No. 07~]5 April 22, ]008 Page ;: 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 1,893 square~foot restaurant with drive~through lane (Attachment B - Site Plan). The center has been designed with a contemporary architectural style, and fayades 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-l, 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, 2008. 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. ) "'. " \,11 CUP No. 07-25 April 22, 2008 Page 3 FINDINGS & ANALYSIS 1. Is the proposed use conditionally permitted within the subject land use district, would it impair the integrity and character oJthe subject land use district, and does it comply with all oJthe applicable provisions oJthis Development Code? Multi-tenant shopping centers are permitted in the CG-l district with a Conditional Use Permit. Retail businesses, restaurants, and other local-serving establishments listed in Development Code ~19.06,020 (Table 6.01) would be permitted. The Site Plan complies with all of the applicable provisions of the Development Code (see Table 1), including the minimum standards for setbacks, height, lot coverage, parking, landscaping, etc. The retail building height is proposed at 21 feet at the roofline, and will appear to be two stories high at the east property line and adj acent to the street. TABLE 1. DEVELOPMENT CODE & GENERAL PLAN CONSISTENCY CA TEGORY PROPOSAL DEVELOPMENT GENERAL PLAN CODE Permitted Use Retail Center & Permitted subject to Consistent Drive- Thru Restaurant Conditional Use Permit Structure Height 21 '0" 11 story 30'0" 12 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) 17'0" 10'0" (adiacent to residential) (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-l land 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: () q) CUP No. IJ7-25 April 22. 2IJIJ8 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 fayade treatments and maintain a strong sense of project identity through similarities in fayade organization, landscaping, material use, colors, and roof shapes. Community Design Policy 5.7.6 - Ensure architectural detailing, including richly articulated surfaces and varied fayade 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.1 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 (J ,} CUP No. 07-J5 April n, J()()8 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 tJpe and density/intensity 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, ~ (;,~W/ 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 CITY OF SAN BERNARDINO LOCATION MAP PLANNING DIVISION HEARING DATE: 04/22/2008 PROJECT: C.U.P. No. 07-25 NORTH -.--- L.I , 1 I -30TH;;;;" lm~ :;; 29THl " OJ o m -< r:" r:" m OJ "0 " 8:" > m ~ ::0 rZ ~ ~~EE~~EI:ITa nl- 0-" 0 ~ m CD 0 ~ :a: ~ tii . O'C-OOtiTR'v'''C(OB- " J:E ,)> r:" -.. 28TH rr- m " CD ::< -C"C' - S"- - .L'_JLEXAN[ DERj ( ) I'" of. an Bernardino". I I \ lL..-'~I.l1 ..~ - -., I ...... 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CUP 07-25 < u .' ~ , ~ ~ . !~ ] 5.< ~~ -Sc<1. ~ ~.s c ZOIll'O :;,., 0( U <).. ~ g~ i~ ~E~ ~:t <v.... <c. <;;: &- N -G z ~tl- 0 03- (v " ~ 0 " Z "'. 0 ... " '" ~ , Ii 0 :f if w ... , In-- '" , 5 . , 0 <SG-- 0 '" 0 " 'V. -'t.- .Q-,9 ." .0' .S .L-,Ol I , I ~ ! - I €. i ! I \ ~ 4! ! ~ ~ ~s~ ~el~ si ~ ~,~~~~~i5'~ ~~#'i" ~.~...~*Vl l;jc, !~~i~;"i~~i~~1ll: :ll: tIt ~ ~ .~ ~ ~, i ~ ~ i ~ ~ 9 C-L:'..:~6s~~!~al.2J~Jr~T~ ~ B &, , . , , ~E "l: g ill! 'Ii;; -- II. i! i!. <v& .0 I , ~- \1 I IV- EJ-- EJ-- (}'- 1fJ--- &- 8-0- ~B ..C;-.Il .L ,0;: ,,,(:' i \ i " , , , I i I I ~ j I ! ! h !1'li' !l:f, ;...; <~, 0<S> " 1 = E s ~ : '.' . . ~1<!J c.. 0 i ~ -~ ~ , c Attachment B i I , i -0- ~ c0 t; Q ':;>. W u !B- 8 ~J " . .. ..... ... ~ .. u '" t; w ,. U1 Z 0 I- <r > w -" w -" i <r !H UN f-,. .c' ~ W .~ - 0::: ;p NO' -" ! <r . :::J l- lL LcJ C Z 0 U ~ <%1- z o " ~ ... ~ !I.! ... If}- oj ,~):;}- 3- rg}---~ 0m--. .&& < u .; ~ , ;; . -;::= "CI CUP 07-25 I~ ,) ATTACHMENTC CONDITIONS OF APPROVAL 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 parccllocated 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 II :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 proj ect complies with all Development Code provisions in effect at the time of the requested extension. 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City 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. , '.~.iI (:j CUP No. 07-25 Conditions April 22. 2UU8 Page 20f4 5.. Construction shall be in substantial confonnance 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 pern1it 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 pennit 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 perfonnance and completion of all tenns, conditions and perfonnance standards imposed on the intended use by this pennit. 7. This pennit 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 fonns 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 transfonners, 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/ Engincering Division, Building/Plan Check Division, Fire Department, Police Department, Municipal Water Department, Public Services Department, and City Clerk's Office. 10. The building architecture shall confonn 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. C) () CUP No. 07-25 COlldiliom April 22, 2008 Page 3 0[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 S 19.28 (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. ~ () CUP No. 07-25 Call1hliollS April 22,2008 Page 4 u/4 22. No painted window signs, roof signs, permanent sale or come-on signs will be permitted at this site, 23, Any security gates/bars, 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 determined 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 permit 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 Building/Plan 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. Development Services Department - Public Works/Engineering Division b. Development Services Department - Building/Plan Check Division c. Fire Department d. San Bernardino Municipal Water Department e. Public Services Department End of Attachment C See attached Standard Requirements ,~ 'I () 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. DrainaCle 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.ci.san-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. !J Project: Two Retail bUil~S with drive thru Case No. CUP 07-25 Page 2 01'7 2. GradinCl and Landscapinq 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. d) 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, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. 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. g) 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. ~, Project: Two Retail bUil~S with drive thru Case No. CUP 07-25 Page 3 on h) 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. () Project: Two Retail bUilQs with drive thru Case No. CUP 07-25 Page 4 of? p) 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 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. b) 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. 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 A~ I .-lJ' Project: Two Retail bui;ls with drive thm 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). d) 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 Standards. Curb & Gutter shall conform to Standard No. 200, Type "8" and sidewalk shall conform to Standard No. 202, Case "A" (6' wide adjacent to curb), unless otherwise approved by the City Engineer. 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. ) Project: Two Retail bUilis with drive thru Case No. CUP 07-25 Page 6 on h) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2. 5. Required Enqineerinq 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.ci.san-bernardino.ca.us/site/pw/default.htm 6. Required Enaineerinq 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. r')_ ,,/ (~ Project: Two Retail buil&t.;s with drive thru Case No. CUP 07-25 Page 7 on 7. Applicable Enqineerinq 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 http://www_ci_san-bernardino_ca.us/site/pw/defaulthtm 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 SAN BERNARDINO Interoffice Memorandum To: From: S ubj ect: Date: Copies: Brian Foote, Associate Planner Robert Eisenbeisz, City Engine't~ Review of CUP 07- 25 Traffic Study August 2S, 200S File No. 13.47 Staff has reviewed the referenced traffic study dated August 6, 200S by Kunzman Associates to assess the circulation impacts associated with the construction of a I,S93 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 A venue 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-tum 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 striping. Start will continue to monitor this segment of Waterman Avenue between 29th Street and 2Sth 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 and parkway improvements in conjunction with development. Sight distance at the project accesses should be reviewed with respect to California 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 ) J City of San Bernardino STA:\DARD REQl'IRDIE:\TS Development Senices/Plan Check Division Property Address: N\::-:' O\~O - wn- 2.\ DRClCCP/DP: CMf ~ Ql- 2..6 DATE: 4- \ 2:-"-\Old :\IOTE: 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 . FI~OOR PLAN (label use of all areas) . ELEVATIONS . ELECTRICAL, MECHANICAL & PLUMBING PLANS . DETAIL SHEETS (structural) . CROSS SECTION DETAILS . SHOW COMPLIANCE WITH TITLE 24/ACCESSIBIUTY (disabled areas) . PLAN CHECK DEPOSIT FEE WILL BE REQFIRED {;PON SrBMITTAL OF PLANS. CALL DEVELOPMENT SERVICES (PLAN CHECK) FOR AMOL:NT. :'I/FMBER 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 number of that person. Some types of occupancies require that the plans are prepared, 'tamped and .signed by an architect, engineer or other person licensed by the State of California. 3. For .structures that must include and engineers design, provide 2 sets of,tamped/wet .signed calculations prepared by a licensed architect/engineer. .."j.... 'I)' :;11"c:0.:1 "JI; IlL : ar-.)II,':, (\ ')~.,f l:-j I')!:')! ~:.4.5IJ-: f Jlh:l' ,'J!)'J! ; :-\4-51;:~li I J.' () o ~. Pn)\ide 2 ,ets of Title 2~ Energ~ colllflliam'e forms and cakulations, SOllie compliance forlll., arc /"l''1uired to be printed on the plan.s, ~, Sublllit grading. sile and. or Iand.se'lpe plans to Pnblie Works, Engineering for plan cherk appro\al and permits. For more informalion. phone (909) 38~-~11 I. 6. Fire 'prinklers plans. lire suppression s~stem plans. etc. shall be submitted to the Fire Dc'partlllent for plan check appro\ al and permits. For information. phone (909) 38-1.5388. Siens re'luire a separate suhmitlalto the Planning Oili';"n for plan check appf"ll\al and permits. For informalion. phone (909) 38-1-5057. 8. Restaurants. food preparation fadlities and some health related occupancies will require clearances and approved plans from San Bernardino County Health Department. For information. phone (909) 387-021-1, 9. Occupancies that include restaurants, car washes, automotive repair/auto body, dental 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 :\-Ianagement Division for information at (909) 396-2000. 1 I. 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 "'umber, a city business registration and workers rompensatlon polley carrier and policy number. Owner-builders must provide proof of ownership. :\fon:: 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 \VORKI;\/G DA YS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BULDING PLAN CHECK AND DOES NOT IMPL Y THAT THE DESIGN AS SI'B:\IlTTED WILL BE APPROVED WITHOUT CORRECTIONS. ('omments: . . CITY 6~N BERNARDINO FIR~EPARTMENT STANDARD REQUIREMENTS Case; c.vp 07. L5 Date: 10 - 4 . 7 1.. ~ 5,<; rI il'J..&.~I'JlU!'dl,L Reviewed By; Qe:.t(j iNERAL REQUIREMENTS: Provide one additional set of construction plans te BU. ild. jng and Safely lor Fire Department use at time of plan check. Contact the City of San Bernardino Fire Department at (909) 384-5585 for speciflc detailed requirements. Jd The dev~loper shall provide for adequate fire flow. Mlm~um fire flow requi.rements shall be base.d on sq~are footage, construction features, and exposure information supplied by the developer and must be available Drior to placing combustible matenats on sIte. WATER PURVEYOR FOR FIRE PROTECTION: ~ The fire protection water service 'or the area of this pro;ect is provided by: B San Bernardino Municipal Water Department-Engineering (909) 384-5391 o East Valley Watar District-Engineering (909) 888.8986 o Other Water purveyor. Phone: PUBLIC FIRE PROTECTION FACILITIES: IF G"l< I~ 11v4 IS Nor ('~I11f7ol/ ,tJ<":p S#p.u.- 6 """- Ufk;-1<4I7~tJ ..[JI Public fire hydrants are required along streets at intervals not to BAceed 300 feet for commercial and multi-res1dential areas and at intervals not to exceed r 500 feet for residential areas. ~ o Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas. Minimum fire r hydrant flow rates of 1,000 gpm al a 20 psi minimum residual pressure are required for residential areas. ~ Fire hydrant type and specific location shall be jointly determined by the City of San 3ernardino Fire Department in conjunction with the water purveyor. Fire hydrant materials and installation shall conform to the standards and specifications of the water plJrveyor. Publk: fire hydrants, fire services, and public water facilities necessary to meet Fire Department requirements are the developer's financial responsibility and shall be installed by the water purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional information. ACCESS: B Provide two separate, dedicated routes 0f ingress/egress to the property entrance. The routes shall be paved, all weather, Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface ot not less than 20 feet of unob- structed width. o Extend roadway to """thin 150 feet of aU portions of ttle oxterior wall at all ,single story buildings. o Extend roadway to within 50 feet of the oxterior wall of aU multi~le-story buildings. o Provide KNO PARKING~ signs whenever parking 01 vehicles would possible reduce the clearance of access roadways to less than the required width. Signs are to read "FJRE LANE-NO PARKING:-M.C. Sec. 15.16~. o Dead-end streets shall not exceed SOO feet in :ength and shall have a minimum 40 foot radius turnaround. o The names of any new streets (public or private) shall be s'Jbmitted to the Fire Department for approval. SITE: o All access roads and streets Clre to be constructed and usable prior to combustible construction. o Private fire hydrants shall be Installed to protect each building located more than 150 feet from the curb line, No tire hydrants should be within 40 feet of any exterior wall. The hydrants shall be Wet Barrel type, with one 2Y.z inch and 4 Inch outlet, and approved by the Fire Department. Areas adjacent to fire hydrants shall be designated as a ~NO PARKING" zone by painting an 8 inch 'Nide, red stripe for 15 feet in each direction in front of the hydrant in such a manner that it will not be blocked by parked vohicles. Lettering to be in wtlite 6~ by lh". BUILDINGS: ""rY Address numerals shall be installed on the building allhe front or other approved IOCdficn in such a manner as 10 be visible from the frontage street. Com- l.)(.. mercial and multi family address numerals shaH he.& inches tali, single family 1.ddress numerals shall be 4 inches tall. The color of the numerals shall con- trast 'Nith the color of the background. 0 "'IX Identify each gas and electric meter "/11th the number of the unit it serVGs. )iif Fire extinguishers must be installed prior t~ the b11'ldin') baing occupied. fhe minim'lm ral!ng for rll1y fire extinguisher's 2A 10BlC. Minimum distribution of fire extinguishers must be such that no ir,teriol' part:jf !r,o bu;lding i:s c'/er 75 leat travel distance fmm a fire extinguisher. o Apartment houses with 16 or mora units, hotels (lWJlels) '{.lith 20 or more units. or apartments or hotels {motels) three stories or more in height shall be equipped 'Nith automatic fire sprinklers d€lr,i9n8d to NFPA sl::H1dards. o All buildings, over 5,000 square leal. "hal: be Aquippe-:f "~lh an :'!utorr.atic 'ire <;prinker system designed to NFPA standards. This includes existing buildings vacant over 365 days. ,I ~ Submit plans for the fire protection :>yslem /:) jhe Firf: D,_'partnlenl prior to beginning construc. ti~n cltha system. Parrnit requ. ired. f1 O)V 0..JPP12tsS1 C Tenant improvements in aU <;prmkicf'fld builol'lgs are 10 tIP .ippro'-ied by tI,,~ Fife Dc-partmant ptlor 10 start 01.~onstructICn. Permit requlf'ed. o Provide tire alarm (required lhroughoul), Plans (11U:3( be, il~prQV2d by tile Fir" Cepartmenl pnor to start of installation. Permit required. ~Fire Department connection to sprinkler systum/standplpe system, Shall be required at Fire Department approved location. FIre Code Permit required, Apply 031 200 Hdst -3rd street, (909) 384-5388. HAY Be PE:.9-:J'R..I;(;) Fire Sprinkler monitoring required. ~lli1ns iT'll_51 he d.pprovd<f hy the F!~e Department prior to the start of construction. Permit required. o Occupant Load. Note: The applicant must request, in writing, 8ny !~hanyes to Fire Department requirements. ADDITIONAL INFORMATION: FP8170(03-03) '&!SERNARDINO MUNICIPAL WATER DEPART~) STANDARD REQUIREMENTS DRC/ERC Case: CONDITIONAL USE PERMIT NO. 07-25 150-073-21 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. multi-tenant retail building on the E/s of Waterman between 29th 5t & Country Club Ln. NUMBER OF UNITS: 2 LOCATION: East side of Waterman Ave. between 29th Street and Country Club Lane WATER DEPARTMENT ENGINEERING: APN NUMBER: EPN NUMBER: REVIEW OF PLANS: OWNER: DEVELOPER: TYPE OF PROJECT: DATE COMPILED: 10/3/2007 COMPILED BY: Brunson, Ted CONTACT: Ledbetter, Steve PHONE NUMBER: (909) 384-7225 FAX NUMBER: (909) 384-5532 Note: All Water Services are Subject to the Rules Regulations of the Water Department 'OJ Size of Main Adjacent the Project 8" STEEL in Waterman; 6" STEEL in 29th SI. & Country Club Lane ~' Approximate Water Pressure ~ Elevation of Water Storage: Hydrant Flow @ 20psi: ~ Type, Size, location and Distance to Nearest Fire Hydrant 007-206 = Water Supply Study Required :;j' Pressure Regulator Required on Customer Side of the Meter -~= Offsite Water Facilities Required L_ Water Main Reimbursement Due Area Not Served by San Bernardino Municipal Water Department '~~ Network Hydraulic Analysis Required per Uniform Design Standards Comments: WATER QUALITY CONTROL CONTACT: Arrieta, Con PHONE NUMBER: (909) 384-5325 ~_ R.P.P. Backflow Device Required at Service Connection for Domestic Service 'i' Double Check Backflow Device Required at Service Connection for Fire and Irrigation oj Backflow Device to be Inspected before Water Service can be Activated No Backflow Device is required at this time FAX NUMBER: (909) 384-5928 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 Permit Sewer Capacity Fee Applicable at this time Sewer Capacity Fee must be paid to the Water Department for Q Gallons Per Day: Equivalent Dwelling Units: Q "'. Subject to Recalculation of Fee prior to the Issuance of Building Permit Breakdown Of Estimated Gallons Per Day COPY TO: Customer; Planning; Engineering Wednesday, October 03, 2007 EPM Page 1 of 1 r]t (I City of San Bernardino Public Services Department Development Project Conditions of Approval 300 North D Street - 4th Floor San Bernardino, CA 92418 Project Number: CUP No. 07-25 Project Planner: Brian Foote Review Date: 10/04/07 I i i : Project Description/Business Name: Construct a multi-tenant retail center consisting of a 3,440 SF multi- I tenant building and a 1,893 SF drive-thru restaurant. I i Project Location/ Address: East side of Waterman Ave. between 29th Street & Service Account: new Country Club Lane. Reviewed By: e-mail: Phone: Gracie Washington washi ngton_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. D Demolition & Site Preparation I D Construction / Renovation I D Business Operations or Event . Additional Requirements or Recommendations City of San Bernardino Public Services Department Standard Development Requirements Page 1 of 3 /1) r:;) 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 uniess 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] 5. All commercial establishments generating 6 cubic yards or more of solid waste per week shail establish City recycling services for maximum diversion within 30 days of opening business, or establish an alternative diversion program to be identified in the IWM Survey for the project. AUTOMATED CART SERVICE TO NONRESIDENTIAL FACILITIES 6. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet residential rather than commercial requirements. SERVICE VEHICLE ACCESS 7. Projects shall meet City Engineering requirements for commercial vehicle drive access along the main ingress to and egress from enclosures. These requirements shall not limit requirements for Fire vehicle access. 8. Property without through access shall incorporate at least one of the following designs: . A cul-de-sac with a 40-foot turning radius for a 32-foot vehicle length . A hammerhead turn with a 40-foot turning radius for a 32-foot vehicle length GATED ACCESS 9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services. SHARED COLLECTION AREAS - RECIPROCAL ACCESS to. 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 ra 13. Roll-off boxes at locations receiW.g City service must meet City rail and hook specifications per City Engineering Standard No. 510. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side design may be subject to a roll-back charge. 14. Compactor equipment shall be screened from view of public right-of-way by materials compatible with building architecture and landscaping as specified by City of San Bernardino Development Code. [MC !i 19.20.030 (21)] i 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 1 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 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 2CY or 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-load 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 and labeled that construction shall meet City Engineering Standards. I i MULTI-UNIT DWELLINGS 29. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. 30. Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse & commingled recyclables. Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications adopted in accordance I with Model Ordinance as required by CA PRC 942911] i City of San Bernardino Public Services Department Standard Development Requirements Page 3 of 3 ("'~ ':J:,~ ""r~.. To: From: cc: Date: Re: EXHIBIT 3 CITY OF SAN BERNARDINO Development Services Department - Planning Division Memorandum Planning Commission Brian Foote, Associate Planner ~ Valerie Ross, Development Services Director Terri Rahhal, Deputy Director/City Planner Henry Empeiio, Jr., Senior Deputy City Attorney 09/10/2008 Item I: Conditional Use Permit No. 07-25 On August 5, 2008, the Planning Commission continued the above- referenced item to allow the applicant additional time to prepare a traffic (it ~~~fI ~~, a2do~~~s the concerns raised and discussed in the public hearing of 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. i,')' '-';;: EXHIBIT 3 I" CITY OF SAN BERNARDINO 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 A venue between 29th Street and Country Club Drive. Staff recommends project approval with the following requirements: I<t . 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 A venue be re-striped to include an optional thru/left-tum 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 striping. Staff will continue to monitor this segment of Waterman Avenue between 29th 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. ,:) \'.:'''.,7 . . ~ .iJP . . . . . . . . . . . . . . ~. ,.,';'i' c . 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 Improvements 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 Improvements 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 . . . .iiI.i.ti... "-'-'-, ,'-"< . . . I I I l..k) -',;.':> ;~:t> I . The east and west legs at the intersection of Waterman Avenue/East 29th Street to be restricted for right tums out only. Construct WatelT1lan Avenue from East 29th Street to Country Club Lane at its ultimate half-section width including landscaping and parkway improvements in conjunction 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 parkway improvements in conjunction with development. \ ~'~~~._--- .. ~2 :..-.- ~ ---. - --~ '. --( --.-.-- - E 29.npTIlfET. --. ~----- ~ ' 1 t P --~ ~ , . i .:e .i _. l ~ ----.oLZ- l~ . I "-- ~~ -...._- COUNTY CLUB LANE (:_u~~~__ Construct Country Club Lane from Watennan 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 resped to California Department of TransportationlCity of San Bernardino standards in conjunction with the preparation of final grading. landscaping. and street improvement plans. Leqend On-site traffic signing and striping should be implemented in conjunction with detailed construction plans for the project. ~ = Stop Sign .. = Full Access Driveway The site should provide sufficient parking spaces 10 meel City of San Bernardino parking code requirements in order to service on-site parking demand. 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. KUNZMAN ASSOCIATES 4204126 LIVlh 30 YLAn" or E\CfLLE",r 5[[;';I<..l 50 EXHIBIT 4 CITY OF SAN BERNARDINO Development Services Department, Planning Division 300 North "D" Street, 3rd Floor San Bernardino, CA 92418 Phone (909) 384-5057 . Fax (909) 384-5080 Web address: www.sbcity.org APPLICA nON FOR APPEAL APPEAL FROM A DECISION OF THE (check one) o Development Services Director o Development/Environmental Review Committee ~ Planning Commission Case number(s): C LA.,? ~ 01/1..5' 1,-1\'SO - DT~' 21 0000 Project address:_W '3i~ 1)1 ~rv'iU'\ Avt, tt-MUn -zq1b ~ftt aM C~CMo LaN. Appellant's name: r,it\Ctll'Yl 1'Wv'elllrmoJlt Appellant's address: \2..<61 1'\\, Cbthn J>Ml1IA1, l?o,.jl/l~ (lR o,~o7L/ Appellant's phone:~ ~S ()'::>~ Appellant's e-mail address:a.\tAn@Citi~l.Ll~t.c.<lI>. Contact person's name: At \ttt\ &two.l1it Contact person's address: \~'1 W' (n\tbKAvlnw. eull.tu1ao t:A "l')..>."ej Contact person's phone:-9\Y1 ~?'5 ~~ Contact person's e-mail address: ill \Ah@ ci-hUlmcltlVd~,can. Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form within 15 days following the final date of action, accompanied by the appropriate appeal filing fee. Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time of the appeal hearing. OFFICE USE ONLY Date appeal filed: "I ~ z-#~ Received by: kb 11/04 EXHIBIT 4 REQUIRED INFORMATION FOR AN APPEAL Specific action being appealed and the date of that action:il.pf~mbtJ \\0 den id vt (lJAIO Dr-ZS Specific grounds for the appeal:~n.n\- ~e\0. -tf\~ -r.ro~ dtV~bpmJVt d~ nbt ~~~~ Q,\ftct (\Qi~h\'lrl {,\J,dL-rhVtt\,v'trrvt:L{jlAJtI~ IAU\\ ~ OM fA . Action sought: \Nl Wt\\A\tA t\1u ~ ()vtr~4h.t tUn.\W IlJ\I1 nb-t:1Jjn ~d -Fbo 0A.f' t>1 'ZS' Additional information: Signature of appellant: %~ ~J\ '- D"k~ 2 11/04 OFFICE OF THE CITY CLERK RACHEL G. CLARK - CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.sbcity.org w February 3, 2009 Allan Steward Citicom Development 1257 W. Colton Avenue Redlands, CA 92374 J~1 \~~ r1-' Dear Mr. Steward: At the meeting of the Mayor and Common Council held on February 2, 2009, the following action was taken relative to an appeal of the Planning Commission's denial of a conditional use permit 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 at the southeast corner of Waterman Avenue and 29th Street, in the CG-l, Commercial General, land use district: That the matter be continued to the Council meeting of February 17, 2009, at 4:30 p.m. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, r/?:;J-d h. ~ Rachel G. Clark City Clerk RGC:lls pc: Development Services Segal Family Partnership, Robert Segal, Trustee, 1250 6th Street, Suite 400, Santa Monica, CA 90401 CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty CITY OF SAN BERNARDINO MISCELLANEOUS CASH RECEIPT ODer, SPRLO Typ . 0"' . n ~. _:;/ '-'."'"-' ... '_ e. It. vrawer: 1 ~.aL.e:, . '-_,kh'9 VJ! Receiot no' 3051:'--5 t MI';G SHORT FORM 1 . 175:00 "ans nUDDer: 4~-~~B ~1~LERk 7477614 7 768 oJ)b 1 L,i'1 CK - MT~ _ rJJ.{tfl For: Trans date: Tige: 16:37:22 L? Date: The Sum of D{) '# : GoIdenrod-Depl. Numeric Control Total "1-1.'-' 00 CITY OF SAN BERNARDINO CASHIERING *... aJSTflIIIER RECEIPT ... Oper: SPIlLO Type: DC Drawer: 1 Date: 2/12/09 07 Receipt no: 305535 Description Quantity Rlount SF MISC SHORT FORM CITY CLERK 7477&8 1. 00 175.00 Tender detail CM CHECK - MISC $75.00 Total tendered $75.00 Total paYlent 175.00 Trans date: 2/11/09 Tile: 16:37:22 ... THANli YOU FOR YOUR PAYMENT ... 'TRUSTED, llUALITY SERVICE SINCE 1905" ~2.0 2-I1-oQ SEGAL E0JTERPRISES ~....."'~M '~~~ ,~ ,,~:, :'... ".- .-\.RlZON,-\. PUCE, SeITE 400 1250 SIXTH STREET SANTA ~[ONIC-\., CA 00401 (310) 303.0304 FA..\: (310) 451.%27 ....:.:..:;... ;" ';::.':::" February 12,2009 Mayor Patrick J. Morris City of San Bernardino RE: Waterman Avenue & 29th Street Dear Mayor Morris: You will soon be deciding the fate of the SW comer of Waterman Avenue and 29th Street, an empty lot on a prominent city comer. My grandfather originally purchased the property in 1968. The property has been historically land leased to the Chevron Corporation, who built a filling station, auto repair facility, and a restaurant. In 2004, Chevron determined that the filling station was not economically viable without converting the auto repair shop into a convenience store, which could not be done under city code. In 2005, Chevron allowed their lease to expire, and per their right demolished all the buildings on the property. For the last four years, we have been trying to find a way to bring commerce and jobs back to the property. We lack the ability to develop the property ourselves, but have found a local developer, who has the appropriate expertise. They have put together a very attractive design, for two new buildings, that will only cover 18% of the land. The issue before you is whether the development may include a 1,900 square foot drive thru restaurant. When deciding how to make productive use of the property, the unique characteristics of the lot played a major roll. The land is burdened by the following: having a width that is very small compared to its length, having extremely large set back requirements, for the size of the land, caused by the narrow width and having streets on three sides and residents on the fourth; and by having a 20 foot wide city access easement going right down the middle of the property. With all of these burdens, it is impossible to even build half of the 15,000 square foot retail building that the property is zoned for. In order to make the development economically viable we are requesting a conditional use permit to include a 1,900 square foot drive thru restaurant as part of the development. Opponents of the project have grossly exaggerated the traffic impact of our proposed development. There are no expert findings supporting their claims. They have completely disregarded the findings of both city staff, and the traffic engineer. The 1,900 square foot drive thru, it about half the size of a typical fast food restaurant. It is intended to serve existing drive by traffic, and residents who live in the immediate area. It is A~ ,.,ol~ nt11? 20 extremely unlikely that a resident of another city is going to make a special trip to San Bernardino just to eat at our half size drive thru restaurant. It is extremely unlikely that a resident from another neighborhoods, will ignore all the competitive businesses in their own neighborhoods, just to make a special trip to eat at our half size drive thru restaurant. What is realistic is that the location already has plenty of traffic to support a small drive thru restaurant, and that all the business will come from existing drive by traffic, and residents who live in the immediate area of the property. Voting against the project would be detrimental to the property, and to the neighborhood. It will bring all development efforts to a grinding halt, and doom the property to being an empty lot for many years out into the future. Please, do not let unsupported assertions cloud your judgment. Please vote to approve the conditional use permit for the property. Best regards, 9-+( Jeff Segal Segal Family Partnership @ KUNZMAN ASSOCIATES OVER 30 YEAR:; (If EXCELLENT SER\'ICE February 12, 2009 Mr. Allan Steward II CITICOM DEVELOPMENT lP 12S7 West Colton Avenue Redlands, CA Dear Mr. Steward: INTRODUCTION The firm of Kunzman Associates is pleased to provide this supplemental analysis regarding the CUP No. 07-25 Traffic Imoact Analvsis prepared by Kunzman Associates (August 6, 2(08). The purpose of this supplemental analysis is to clarify the City of San Bernardino significant impact criteria and provide further in-depth analyses regarding the project. Although this is a technical response, every effort has been made to write the response clearly and concisely so that neighborhood residents will have a clear understanding of the issues. Additionally, to assist the reader with those terms unique to transportation engineering, a glossary of terms is provided in Appendix A. SUMMARY As shown in Table 1, the project does not contribute traffic to adversely change the level of Service at any study area intersections. The project site does not significantly impact the study area intersections (see Table 1). Based on discussions with the City of San Bernardino staff, additional analyses were determined and conducted. The additional analyses further illustrate that the project will not cause a significant impact to the study area intersections. The detailed analyses provided to each category are provided below. 1. Trip generation comparison between the previous development and the proposed development 2. Pass-by trip characteristic 3. Accident types adjacent to the proposed project site 4. Reduced number of project driveways by prohibiting direct access to Waterman Avenue. As shown in Table 2, the difference between the previous development and the proposed development is 618 less daily vehicle trips, 12 less of which will occur during the morning peak hour and 69 less will 1111 TOWN & COUNTRY ROAD. SUITE 34. ORAI\:GE,CA 92868 PHO"" 17141973-8383 . fAX: 17141973-8821 WWW.TRAFFIC-ENGINEER.COM Mr. Allan Steward II CITICOM DEVelOPMENT LP February 12, 2009 occur during the evening peak hour. Based on the vehicle trip generation comparison with the previous development, the proposed development will have less impact compared to the previous development. It should be noted that in the CUP No. 07-25 Traffic Impact Analysis, in order to analyze a "conservative" scenario in terms of the assignment of traffic, the trip generation for the project has not been reduced as a result of the pass-by trips (see Appendix B). If the pass-by trips have been taken into account, the proposed development will generate even less projected vehicular trips, which results in having less impact to the adjacent roadway system. According to the information of the reported collision data from the CUP No. 07.25 Traffic Impact Analysis, most of the collisions occurred when the through movements on East 29th Street attempt to cut across Waterman Avenue. Because the proposed project does not contribute to the through movement travel pattern along East 29th Street, the traffic collision rate is not expected to increase with the proposed project. It should be noted that the CUP No. 07-2S Traffic Impact Analysis restricted the east and west legs at the intersection of Waterman Avenue and East 29th Street to be right turns out only. In order to alleviate the congestion along Waterman Avenue, the City of San Bernardino staff has prohibited the proposed project from having direct accesses onto Waterman Avenue. Based on the design of the proposed development having no direct access onto Waterman Avenue, the proposed development will have less impact to Waterman Avenue compared to the previous development. It should be noted that the previous development had two driveways onto Waterman Avenue. Based on the City of San Bernardino significant impact criteria and the additional analyses provided, the proposed project does not cause significant impact at the study area intersections. CITY OF SAN BERNARDINO DEFICIENCY AND SIGNIFICANT IMPACT CRITERIA The definition of an intersection deficiency has been obtained from the City of San Bernardino General Plan. The General Plan states that peak hour intersection operations of Level of Service D or better are generally acceptable. Therefore, any intersection operating at Level of Service ElF will be considered deficient. The identification of significant impacts is a requirement of the California Environmental Quality Act. The City of San Bernardino General Plan and Circulation Element have been adopted in accordance with California Environmental Quality Act requirements, and any roadway improvements within the City of San Bernardino that are consistent with these documents are not considered a significant impact, so long as the project contributes its "fair share" funding for improvements. A traffic impact is considered significant if the project both: i) contributes measurable traffic to and Ii) substantially and adversely changes the Level of Service at any off-site location projected to experience defiejent operations under foreseeable cumulative conditions, where feasible improvements consistent with the City of San Bernardino General Plan cannot be constructed. WWW.TRAFFIC-ENGINEER.COM 2 Mr. Allan Steward II CITICOM DEVELOPMENT lP February 12, 2009 PROJECT SIGNIFICANT IMPACT CONTRIBUTION TEST Based on the findings of the CUP No. 07-25 Traffic Impact Analysis, Table 1 depicts the level of Service at the study intersections for the existing, Opening Year (2010) without and with project, and Year 2030 without and with project traffic conditions. As shown in Table 1, the project does not contribute traffic to adversely change the level of Service at any study area intersections. The project site does .!!.Q1 significantly impact the study area intersections (see Table 1). LIST OF ADDITIONAL ANALYSES CONDUCTED REGARDING THE PROJECT Based on discussions with the City of San Bernardino staff, additional analyses were determined and conducted. The additional analyses further illustrate that the project will not cause a significant impact to the study area intersections. The detailed analyses provided to each category are provided below. 1. Trip generation comparison between the previous development and the proposed development 2. Pass-by trip characteristic 3. Accident types adjacent to the proposed project site 4. Reduced number of project driveways by prohibiting direct access to Waterman Avenue. ANALYSES CONDUCTED REGARDING THE PROJECT SIGNIFICANT IMPACT 1. Trip generation comparison between the previous development and the proposed development: Trip generation rates were determined for daily traffic and morning peak hour inbound and outbound traffic, and evening peak hour inbound and outbound traffic for the previous land uses and the proposed land uses. By multiplying the traffic generation rates by the land use quantities, the traffic volumes are determined. Table 2 shows the project trip generation based upon rates obtained from the Institute of Transportation Engineers, Trio Generation. 7th Edition, 2003 and San Diego Association of Governments, Traffic Generators. April 2002. Table 2 exhibits the previous development and proposed development peak hour volumes and daily volumes. The previous development was expected to generate a total of approximately 1,709 daily vehicle trips, 117 of which will occur during the morning peak hour and 143 of which will occur during the evening peak hour. The proposed development is projected to generate a total of approximately 1,091 daily vehicle trips, 105 of which will occur during the morning peak hour and 74 of which will occur during the evening peak hour. As shown in Table 2, the difference between the previous development and the proposed development is 618 less daily vehicle trips. 12 less of which will occur during the morning peak hour and 69 less will occur during the evening peak hour. Based on the vehicle trip generation WWW.TRAFFIC-ENGINEER.COM 3 Mr. Allan Steward II CITICOM DEVELOPMENT LP February 12, 2009 comparison with the previous development, the proposed development will have less impact compared to the previous development. 2. Pass-by trip characteristic: It should be noted that for retail land use, specifically the fast-food restaurant wi drive-thru for this proposed development, a significant portion of the traffic would come from pass-by trips during the peak hours. Pass-by trips are vehicle trips that currently exist on the roadway system. The pass-by trips do not generate additional vehicle trips to the roadway system. In the case of this proposed development, the pass-by trips visit the fast-food restaurant wi driveway during their regular daily trip to and from work. It should be noted that in the CUP No. 07-25 Traffic Impact Analysis, in order to analyze a "conservative" scenario in terms of the assignment of traffic, the trip generation for the project has not been reduced as a result of the pass-by trips (see AppendiX B). If the pass-by trips have been taken into account, the proposed development will generate even less projected vehicular trips, which results in having less impact to the adjacent roadway system. 3. Accident types adjacent to the proposed project Site: The City of San Bernardino staff has provided the traffic collision history for the roadway segment and intersection along Waterman Avenue from East 28th Street to East 30th Street. The accident types adjacent to the proposed project site have been reviewed in relation to the proposed development. According to the traffic collision history, nine traffic collisions during the past five years occurred adjacent to the proposed project site. The traffic collision report numbers are 1226096, 1435238, 1897378,2276425,2276304,2562912,2727704,2779135, and 2779087. The traffic collision report number 1226096 is a broadside collision caused by the right-of-way violation involving the southbound through movement and the westbound through movement. The traffic collision report number 1435238 is a broadside collision caused by the right-of-way violation involving the southbound through movement and the eastbound through movement. The traffic collision report number 1897378 is a broadside collision caused by the right-of-way violation involving the northbound through movement and the westbound through movement. The traffic collision report number 2276425 is a rear-end collision caused by unsafe speed involving a northbound vehicle colliding with a northbound stopped vehicle. The traffic collision report number 2276304 is a broadside collision caused by right-of-way violation involving the northbound through movement and the southbound left turn movement. The traffic collision report number 2562912 is a broadside collision caused by the right-of-way violation involving the northbound through movement and eastbound through movement. The traffic collision report number 2727704 is a sideswipe collision caused by improper turning involving two northbound vehicles. The traffic collision report number 277913S is a sideswipe collision caused by unknown reason involving two northbound vehicles. The traffic collision WWW.TRAFF1C-ENG1NEER.COM 4 Mr. Allan Steward II CITICOM DEVELOPMENT LP February 12, 2009 report number 2779087 is a broadside collision caused by the right-of-way violation involving the southbound through movement and the westbound through movement. To summarize the traffic collisions that have occurred during the past five years, five collisions involve the through movement conflict of northbound/southbound traffic with the eastbound/westbound traffic, one collision involves the northbound through movement and southbound left turn movement, two collisions involve northbound lane change, and one collision involves unsafe speed. According to the information of the reported collision data from the CUP No. 07-25 Traffic Impact Analysis, most of the collisions occurred when the through movements on East 29th Street attempt to cut across Waterman Avenue. Because the proposed project does not contribute to the through movement travel pattern along East 29th Street, the traffic collision rate is not expected to increase with the proposed project. It should be noted that the CUP No. 07-25 Traffic Impact Analysis restricted the east and west legs at the intersection of Waterman Avenue and East 29th Street to be right turns out only. 4. Reduced number of project driveways by prohibiting direct access to Waterman Avenue: The previous development had two direct accesses onto Waterman Avenue. The direct accesses onto Waterman Avenue result in vehicular conflicting movements between the vehicle trips exiting the site and the through movements on Waterman Avenue. In order to alleviate the congestion along Waterman Avenue, the City of San Bernardino staff has prohibited the proposed project from having direct accesses onto Waterman Avenue. Based on the design of the proposed development having no direct access onto Waterman Avenue, the proposed development will have less impact to Waterman Avenue compared to the previous development. It should be noted that the previous development had two driveways onto Waterman Avenue. ' It has been a pleasure to service your needs on this project. Should you have any questions or if we can be of further assistance, please do not hesitate to call at (714) 973-8383. Sincerely, KUNZMAN ASSOCIATES KUNZMAN ASSOCIATES QA f-;JJA /W~ ~~ Carl Ballard Principal Associate William Kunzman, P.E, Principal Professional Registration Expiration Date 3-31-2010 #4204 WWW.TRAFFIC-ENGINEER.COM 5 Table 1 Project Significant Impact Contribution Test Future Traffic Conditions Ooenino Year Year 2030 Without With Without With Existing Project Project Project Project Peak level of level of level of Significant level of level of Significant Intersection Hour Service Service Service Impact Service Service Imoact Waterman Avenue (NS) at: East 30th Street (EW) - #1 Morning C C C No F F No Evening C C C No D D No SR-30 Freeway EB Ramps (EW) - trl Morning F F F No F F No Evening F F F No F F No East 29th Street (EW) - #3 Morning F F F No F F No Evening F F F No F F No Country Club lane (EW) - #4 Morning B B B No B C No Evening B B C No C D No East 28th Street (EW) - #5 Morning B B B No C C No Evenlna B B B No C C No 1 The definition of an intersection deficiency has been obtained from the City of San Bernardino General Plan. The General Ptan states that peak hour intersection operations of Level of Service D or better are generally ac:c:eptable. Therefore. any Intersection operating at Level of Service ElF will be considered deficient A traffic impact is considered Significant If the project both: I} contributes measurable traffic to and ii) substantially and adversely changes the Level of Servtce at any off-site location projected to expertence deficient operatIOns under foreseeable cumulative condltlons, where feasible improvements consistent with the City of San Bernardino General Plan cannot be constructed. 6 Table 2 Traffic Generation Comparison Between Previous Development and Proposed Development1 PreIIIous ~ Peek Hour MornIna E_1na Lald Use Quanlilv Units2 Inboond 0u1b0und Total Inboond 0u1b0und Total Dailv TrI~ "-ation Rates Service Station wlCon_lence Markel 8 FP 5.03 5.03 10.06 6.89 6.89 13.38 162.78 Hlah Turnover (SIt-Down\ Restaurant 3.2 TSF 5.99 5.53 11.52 6.66 4.26 10.92 127.15 Tri~c Generated Service Station wlConvenience Moel 8 FP 40 40 60 54 54 108 1,302 Hiah Turnover IS~-D<Mn) Restaur.r1t 3.2 TSF 19 18 37 21 14 35 407 Total 59 58 117 75 68 143 1,709 ent Peek Hour MOI'l1ina E_ino Lald Use QuantJlv Units' Inboond Outbound Total Inboond Outbound Total Dailv Too GenelaIion Rates Fast-Food Restaurant WIDrI""" Thru 1.893 TSF 27.09 26.02 53.11 18.01 16.63 34.64 496.12 Sll8CIaIIv_ 3.44 TSF 0.60 0.53 1.33 1.19 1.52 2.71 44.32 Trias Generated Fast-Food Restaurant WJDrive. Thru 1.693 TSF 51 49 100 34 31 65 939 Sll8Claltv RetaIl 3.44 TSF 3 2 5 4 5 9 152 Total 5.333 TSF 54 51 105 38 36 74 1,091 IDifference Difference between the PrevIous ~t and the Pr~ o..'''"lj,t I D -5 -71 -12 -37 -321 ~91 ~181 I Sourue: InalitutedTransportalion EnginMfS, TriDGenendion 7lh Edition. 2003. land U88Cllt8goriee 946. 932. 934. and 814 end San DiegoAsaocistlon of Governments, Traffic G8l1enUDnl, April 2002 for&J*liaIlyllllail morning peek hour. 2 FP = Fueling Positions; TSF = Thousand Squ81'8 Feel 3 The square footage ofth81'81taurant has been estimated from the historiOlN 88ria1 pietUN ofth. sile. 7 APPENDIX A GLOSSARY OF TRANSPORTATION TERMS 1 \ GLOSSARY OF TRANSPORTATION TERMS COMMON ABBREVIATIONS AC: ADT: Caltrans: DU: ICU: LOS: TSF: V/C: VMT: TERMS Acres Average Daily Traffic California Department ofTransportation Dwelling Unit Intersection Capacity Utilization Level of Service Thousand Square Feet Volume/Capacity Vehicle Miles Traveled AVERAGE DAILY TRAFFIC: The total volume during a year divided by the number of days in a year. Usually only weekdays are included. BANDWIDTH: The number of seconds of green time available for through traffic in a signal progression. BOTTLENECK: A constriction along a travelway that limits the amount of traffic that can proceed downstream from its location. CAPAOTY: The maximum number of vehicles that can be reasonably expected to pass over a given section of a lane or a roadway in a given time period. CHANNELIZATION: The separation or regulation of conflicting traffic movements into definite paths of travel by the use of pavement markings, raised islands, or other suitable means to facilitate the safe and orderly movements of both vehicles and pedestrians. CLEARANCE INTERVAL: Nearly same as yellow time. If there is an all red interval after the end of a yellow, then that is also added into the clearance interval. CORDON: An imaginary line around an area across which vehicles, persons, or other items are counted (in and out). CYCLE LENGTH: The time period in seconds required for one complete signal cycle. CUL-DE-SAC STREET: A local street open at one end only, and with special provisions for turning around. DAILY CAPACITY: The daily volume of traffic that will result in a volume during the peak hour equal to the capacity of the roadway. DELAY: The time consumed while traffic Is impeded in its movement by some element over which it has no control, usually expressed in seconds per vehicle. DEMAND RESPONSIVE SIGNAL: Same as traffic-actuated signal. DENSITY: The number of vehicles occupying in a unit length of the through traffic lanes of a roadway at any given instant. Usually expressed in vehicles per mile. DETECTOR: A device that responds to a physical stimulus and transmits a resulting impulse to the signal controller. DESIGN SPEED: A speed selected for purposes of design. Features of a highway, such as curvature, superelevation, and sight distance (upon which the safe operation of vehicles is dependent) are correlated to design speed. DIRECTIONAL SPLIT: The percent of traffic in the peak direction at any point in time. DIVERSION: The rerouting of peak hour traffic to avoid congestion. FORCED FLOW: Opposite of free flow. FREE FLOW: Volumes are well below capacity. Vehicles can maneuver freely and travel is unimpeded by other traffic. GAP: Time or distance between successive vehicles in a traffic stream, rear bumper to front bumper. HEADWAY: Time or distance spacing between successive vehicles in a traffic stream, front bumper to front bumper. INTERCONNECTED SIGNAL SYSTEM: A number of intersections that are connected to achieve signal progression. LEVEl OF SERVICE: A qualitative measure of a number of factors, which include speed and travel time, traffic interruptions, freedom to maneuver, safety, driving comfort and convenience, and operating costs. LOOP DETECTOR: A vehicle detector consisting of a loop of wire embedded in the roadway, energized by alternating current and producing an output circuit closure when passed over by a vehicle. MINIMUM ACCEPTABLE GAP: Smallest time headway between successive vehicles in a traffic stream into which another vehicle is willing and able to cross or merge. MULTI-MODAL: More than one mode; such as automobile, bus transit, rail rapid transit, and bicycle transportation modes. OFFSET: The time interval in seconds between the beginning of green at one intersection and the beginning of green at an adjacent intersection. PLATOON: A closely grouped component of traffic that is composed of several vehicles moving, or standing ready to move, with clear spaces ahead and behind. ORIGIN-DESTINATION SURVEY: A survey to determine the point of origin and the point of destination for a given vehicle trip. PASSENGER CAR EQUIVALENTS (PCE): One car is one Passenger Car Equivalent. A truck is equal to 2 or 3 Passenger Car Equivalents in that a truck requires longer to start, goes slower, and accelerates slower. loaded trucks have a higher Passenger Car Equivalent than empty trucks. PEAK HOUR: The 60 consecutive minutes with the highest number of vehicles. PRETIMED SIGNAL: A type of traffic signal that directs traffic to stop and go on a predetermined time schedule without regard to traffic conditions. Also, fixed time signal. PROGRESSION: A term used to describe the progressive movement of traffic through several signalized intersections. SCREEN-UNE: An imaginary line or physical feature across which all trips are counted, normally to verify the validity of mathematical traffic models. SIGNAL CYClE: The time period in seconds required for one complete sequence of signal indications. SIGNAL PHASE: The part of the signal cycle allocated to one or more traffic movements. STARTING DELAY: The delay experienced in initiating the movement of queued traffic from a stop to an average running speed through a signalized intersection. TRAFFIC-ACTUATED SIGNAL: A type of traffic signal that directs traffic to stop and go in accordance with the demands of traffic, as registered by the actuation of detectors. TRIP: The movement of a person or vehicle from one location (origin) to another (destination). For example, from home to store to home is two trips, not one. TRIP-END: One end of a trip at either the origin or destination; i.e. each trip has two trip-ends. A trip-end occurs when a person, object, or message is transferred to or from a vehicle. TRIP GENERATION RATE: The quality of trips produced and/or attracted by a specific land use stated in terms of units such as per dwelling, per acre, and per 1,000 square feet of floor space. TRUCK: A vehicle having dual tires on one or more axles, or having more than two axles. UNBAlANCED FLOW: Heavier traffic flow in one direction than the other. On a daily basis, most facilities have balanced flow. During the peak hours, flow is seldom balanced in an urban area. VEHICLE MILES OF TRAVEL: A measure of the amount of usage of a section of highway, obtained by multiplying the average daily traffic by length of facility in miles. APPENDIX B PASS-BY TRIPS CHAPTER 5 Pass-by, Primary, and Diverted Linked TrIps . . Background The aip pention rales and equa- tions Nv"..inM in Trip G..M..4I4r. are derived &om actual measure- men.. of traffic genera~ by indi- vidual sites. These neo and equa- tiOllS replcswt vebic:les enteriDg and exiting a site at its chiy......,p. 'Then:fure, these volumes are appropriate fir d.h..w:iuiug the 10tIi traffic 10 be allClIlOIIJIOda by site driveways. There are ;,,~ however, wbon the lDl2i number of trips genera~ by . site is difIi:rem from the amount of new IJlIf!ic: lidded III the _ system by the pera1Dr. For -+. reaiI-orien~ deve1op- ments sw:h as shopping centers, disc:oont stores, reocaunnts, boob, service stations, and c:omenience markets ofim locate +-10 busy stn:ets in order 10 atIn<:t !he motorists already on the street. These sill!S attl2Ct a portion of their !rips from a-affic passing the sitlo on !he way &om an origin III an ultimate destination. These reaiI aips may DOt add """ trrJi- fie 10 the odjacent _ system. Uip-aIaIcinJ CID be brobn down inlll two major caugories: .......by aipa IIIII-..y- by tripL In some traftic impact study appIica- dons, it is 'Ie< ry to funher sui>- cIMdc non-puo-by trips into pd- JUly aipa and ~Ilod IiDked lripI. These ttip types are iI1usaat- eel in figure S.l and ore ddined beIo.. PasHJ '"" are made II in--U- lIII: 1lDpI" .. WJ from an origin III . primary ttip cIeocimdon with- _ . route cIivffton. Puo-by trips are ItUaCled from IJlIf!ic: passing the. OR.. ...-_or r0ad- way !hat oft"as direct _ III the 8"ftC'IIlIlt. .....by trip are DOt dI-.w &em. ~ &........7. ~;r . y . t _ ~u ~-*J '"" are simply all trips gmcra~ by . site !hat ore not pass-by aips. This b:nD is s0me- times used when divau:d linked !rips are not tabuIa~ sepanldy &om primary trips. ".""" '"" are trips made fir the specific pIIl'JlOOe of visiting the sen- eralIlr. The stop at the gmeratllr is the primary reason fOr the trip. The ttip typic:aIly goes from origin 10 galCl'IlIlr and !hen retums III the origin. For eumpJe. . home- to-sbopping-to-home .......lWtioo of trips is. primary trip set. DiwrtIIlIittW '"" are trips that are lIt1rICled &om the ttaffic volume 011 roadways within the ricinity of !he pentor but !hat require . diversion from !hat road- WlI)' III another roadway III pin _Ill !he .. These trips could una 011 highways or free- ways adjacent III . generator, but without _Ill the generator. I>>.e.red IiDked trip add tnIIie lID _ odilCelltllD. aD, but may DOt add tnIIie lID the _.. majw tnoeI_ (see figure 5.l). Both pass-by and divau:d linked trips may be pitt of. multi- pIe-slDp c:bain of aips. FIguN 5.1 ~ of 1Hps PRIMARY TRIPS I.I"'~"-- Driveway (via drIY8way only) DI\IERTED UNKED TRIPS (via adjacent streets) ...... - - - - PASS.BY . TRIPS (on adjace, .1 8lI8eIS) LEGEND - - - Tripe Prier to De.elopment Tripe After 0eveI0pment I I I I I I t I I I I I I t . Sample Application of Pess-By Trip Assignment Process In Ibis eampIe, the objecti_ are 10 (1) estimare the nUlllba- of Dew trips added 10 the Idjacent street tnIIic wIome with the develop- ment of a shopping cemer with 580,000 square feet of gross 1casabIe area, md (2) deIamme the turD movemmtl at the shopping center "'i.~.lIy. The ~ two-way ewning peak boor ll'IfIic: on a_ "'P......t 10 the pa~ shopping c:enter is 1,200 ftlbides, II shown in fisute 5.2(A}-1,000 traVeling west and 200 traVeling east. The shopping center is estimated 10 generate 2,000 eftIIing peak hour trips (b8sed CD the fitted CUl'R equation given for Land Use Code 820 em I"'F 1,339 of Trip e..... .....~ SDtb Edition). Au ..,. ..""t of the shopping c:enre< puking c:onfisuration and aa:ess pointl incIicates that an estimated 20 percatt of the sitc-&,Al.ted ll'IfIic: will use the driveway being anaIyzcd in dUo eumpIe. Thus, the drioeway volume is estimated 10 be 100 evaing peak hour trips (i.e., 20 percent of 2,000 trips). For Ibis eampIe, 50 percatt _ and 50 percatt exit the shopping c:enla" (as "'own in figure 5.2(B)). FRIIII data cxillected at other ~ ping c:enren, it is ~ ;....tM (m Ibis """T) that about 15 pen:ent of Ibe do;.~..1 ooIume is past-by (&g- Ute 5.2(B)). 1'berefure, 30 of the inbound whides' (i.~ IS pen:ent of 200 ftbidea) md 30 of the out- bound ftbides are amsidered paaa- bylript. The NIUItIed trip disaibmion fur the DCIl-paaa-by trips is "'own in &gun 5.2(C). These n1ues are bued CD Iocalllnowledge of elpoollod trip poaems filr primary and diftl'tIld Iinbd trips lD and IRlm Ibe w.pp;..S- (b8sed em aialintJ a..eI paaems, llUlTOl1IId- ills land usea, ea:.). For........p~> 80 pen:mt of the IIOII-pass-by trips are ~ IloolIO arrive &om the east and 10 _ 10 the east alier Ibe trip 10 Ibe shopping c:enrer. The disaibmion of the paao-by trips is '-' on the wIwnc of traf- fic passing-the do;.~wlf, as mown in &gun S.2(D). Beca.... 83 ~- cent of Ibe trafIic: JlIIsinI' by the sire CIlIlDes fnm the east (i.e., 1,000 of the 1,200 shown preoiously in &pre 5.2 (A)), it is -,......I that 83 percatt of the paaa-by trips will IiIaewise arrive IRlm the east md will depart toWu'd the west. The ....lI"m....t of the Dcm-pa8S-by lrips p:nented by the sire is shown in &pre 5.2(E). The total number of non-pus-by trips <l..,.;n04 to the sire ia 170 (the 200 total trips minus the 30 inbound paao-by !rips shown eatlier in figure 5.2(B)). Eighty pen:ent (or 136) are expect- ed 10 arrive fnm the east and to retum 10 the east. The .........-.. of the pB-by trips ia mown in &gnn: 5.2(F). Of the 30 paaa-by !rips, 83 percent (or 25) arrive from the east and depm lD the west. Lmwise, 17 pen:ent (or S) arrive fnm the west and depm 10 the east. Note that the cakuIa- don also sbows the ~ tbroush-trip reductions lithe trips passing Ibe sire tunl into Ibe new 4;...~....,a For fI!W!ImpL- .me Dell' .-bound rigbt-tIII'I1 wIume oi25 causes a reduction in the ....dluuud tbroush IIIIMIIIeI1t. The finalll!lsignmenr of all trips entering and Ie:avins the shopping OI!tIter drioeway, as well as poasiDs the dk~"'liiw.,, is shown in fipre 5.2(G). These nlues are simply the SIIIIl of the base volumes (from &g- un: S.2(A)), the non-paaa-bytrips p:nented by the sire (fnm &gun: S.2(E)}, and the past-by trips rea- crated by the sire (fnm figure 5.2(F)). Note that the throash-traf- fie 10iumes in both ditecticm. on the major street are redulzd II a result of the paao-by trip anaIysia. FigQ18 5.2 Application of Pass-By Trips LEGEND VPH = Vehicles per hour . Cautions Statistical analysis ODd comIatiOll of tho pose-by data ooIleaed by tho profasioa alIIliDue lD evohe. Roweva-, due lD the ~ amOUlltofpose-bydalllanilable ODd the inherent nriabiIity in sur- w:ved site cba..-.l>.~ it has SIiIl pnm91 diffiwlt lD obtain hish cor- relation indices. ThditioaaI pose-by ttip lIIIIIyses have '-"1""" lD corteIale pas-by trip ~ (ie., pen:entof the tobI number of trips genermd by a site) with 1llli15 of occupied site development (such as gross leasable area, gross lIoor area, sea15 in a ~ or fueling posiIiOllS at. gaslsemce SllItion). Limited raoIu fix" some land usa show that this comIatiOll CllIl be ...h.......l funhcr by inrlndi"g the ....ll";n>de of the lnfIic pilling the site OIl the adja- cent roadways. The aaaly'st shou1d eun:iae caution in the use of pus-by ODd diverted Iiabd dati p.-..M in this chap- ....lD ensure mat tho lil1lowing aopecta of pus-by alp cbancteria- des are baadled a~ in the analysis ~ Imauod Iiaked trips are clarIy dif- faatt &om pas-by trips. Dioated Iiaked trips add trips lD the IIIjacent roads at . proposed or "'1'""""" site, but DIllY not odd lripa lD nearby major bigbways or &_....,. Dioated Iiaked trips .... ofim dif- &cult lD idmdfy. Th..e&..... .u-- ed-1Iabd IIfp sIIouId be ueam ---o(y llII pdawy lripI, lIIII-. (1) aD three ~ pas- ~ and divated Iinlred) caqories are being IIlIIIyzaI md proc... ,~ seponteIy, ODd (2) the Its'fd l'OUleS lOr di.~...d Iiaked lripa CUI be dearly eSllIbIisbed. PlISS-by aipa .... drawn from the p8SIiDg lnfIic saam, but are """1Dcluded in the aile .1..-......, ......~tL In tr:af&c analyses, SUIIlIDlIlion of driveway volumes must equal the lDW emmal site generalion (i.e., the swn of primary, pass-by, and divetted Iinlted ttips). Pass-by ttips are Dot iDduded in (ODd thus, sub- lnCled &om) the throuah-wlumes possing a given site aa:ess point on an adjacent I'08d. SllIIIdard methodologies Cor us :..g tho traffic impacts of site deoelopment typically requite mat divetted IinIted trips be included aa addi- IionaI trips within tho ......,;...., of load impIct assessment stndies. Tn. muIli-use devdopment, it is IibIy that tbete will be trips in1emal lD the site (reli:r lD cbaper 7 lOt- ~) Bebe applying the pass- by r-Io~ the in1emal ttips sbouId be ..emu..d &om the IDIlII DlIIIIber of trips smaated by the nm1li-use site. Pa.-by tdpo are 0II!y ",,"'''' Ul tdpo 1hat_ ... em the -. not inlanal tripa. o-au, divetted Iinlted trips rep- I'1!SeDt a c:bange in load area travel pat1erDS but constitute DO new increase on a 1IUKTUmJpic scale. Within the immediate study area, divetted IinIted ttips do represent addilional traffic on indi'ridual _ md should be analyzed that way. . Data Base on Pass-By. Primary. and Diverted Linked Trips Lisled in IlIb1e 5.1 are 191m! uses for which ITE his . ....;;...1 and compiled pose-by and clm:ned IiDbd trip da\ll. The 1lIbIe__ wbecher the dam are paented in this /tondhnnIo- in a IlIhIe or a figure (in a dalll plot simiIIr In thate pre- sam:d in Trip em .... for trip end data). Table 5.1 also idemilies the time periods for which die dalll have been reponM. 1abIes 5.2 through 5.26 present the ftbs for pen:enllge of sibo per- atian that is ICl:OUIlted for by pose- ~ DOIl.-pose-by, prinwy. and clm:ned IiDbd trips. FJBlII"S 5.3 through 5.15 plot the avenge pc-by trip .--.sa .-.;.-' wilh die -"'us Imd -. No ploD are pnMded lOr tIit1trt.llilrhJ trips. Theoe figan:s are pnMded ID eoabIe die __ In visuolize the data_ pnwided in tables 5.2 through 5.26. Data plots are provided for each 1m! use where Dine or IDlIR data poinls are awiIabIe for a spcc:ific: independent wriable. For aIllw1 uses eacept shopping c:emas, dalll are plotted for ooly 0IIe iJKLopendent wriabIe. For ~ c:emas, data are plotted for GLA and peak hour traffic OIl adjaceat _ b- the weekday eftDiDg peak period; GLA is also used u the independent variable for shopp:.'tl c:mtets during the midd.y So.tu..L.y time period. A tep -llltUqllltiOll is shown OIl the data plot if there are mOIl: than 10.poims and the R2 is paut than 0.25 (which ooly 0CCIItS OIl two of the Land Use Code 820 daIII p10ll1). Note lhat this throshoId is less than the 0.5 lhreshoId b- R2 used for daIII ploD in Trip C_.ti.... It... b4LUL~,,""A I"ULoJiftiH: fOr ..... .. data (11''' .ON! in ....61- md abIea are .....w..d in aecdoa s.s of tbia L "--.111--'-" . a-_ "........ ~ lflClChauuead whm 1D _ .. data ODd bow 1D aeIect . .....by pe...-.p. Users of tbe daIII are cautioned lhat the IIU111hennd pognphic distrib- ution of sites are limited. Little or 110 daIII OIl adjacent street traffic -.olumea have been colleeted for ... other than shopping ccmas. The acmal pose-by and clm:ned Iinkcd trip p.....-.ges may wry by site due In lhe specific inll_ of the c:htncteristic:s of passing tr&ftic, area IUIdway lIetwodt plttenII, spoc:ific businesses in lhe site being analyzed, other -my deve1op- ment, and so funh. Smveys of simi- lar detd<>pmeDlS llear the II13lysis site are encouraged. Because daIII are limited for many of the Imd uses, the analyst is eIIC01II'OpIln collect pose-by trip dalll and ItllIISIIIit lhe daIIIln ITE. Section 5.6 of this chapter describes how In collect lhe appropriate dalll and provides llIIIIlpIe fonns In use. D... Plot Figure Ui Shopping Center (820) A-.ge Pau-By 1lfp ~...... we 1.000 Sq. Fwt 0.- I n Lie Ar8lI On a: WIllI" IUI. ~ "-lod Nl6I1ber of StudIes' 100 Avrnqa 1,000 Sq. Feet GlA: 329 120 110 100 J !!- .. ... lD a lL 3. i . .. go .....: x . . . . . ," . . . , . . ~ ; . - . . . . . . . . .. ...".....,'. x 80 70 . . . . . . . . . . . . . . . . . . . . . . x x . . , . . . . . . - - - - - . . . . . . . - . . . . . . , . , . , , , ...................... , ' , .. ""X,' x x 50 0)0(-. -x. x .0 "~, x x x , x .' ~..., ... 'x" ',' ... x : . x .. . .. . .. x : .,.......-.... XX 'lex:, .., x)( )( . X ~ : 20 ...... .x.. X X: x . x . . .,_... *~......: - -... .:..... X'X x X 16 30 Xx : :)( 10 "Y,/":" ..)(~)(x~' ..~':.., )(, : X ..~..)(..*. .. .". .-... ..... 'x" ..-....... )( )( o o ... goo 1000 1100 1310 300 ... ... 800 700 'DO ... X ActaI 0Ita PoIntIi x .1,000 Sq, Feel GlOII Le"""" Alee - -..... FIlled C"",,, Equadon: Ln(T)..o.2lI1 Lll(X) + Il.OO1 nZ . 0.37 Trio Gelleratlol, Handbook ChaDtsr 5 . ITI 43 - JDA )(.)111\: DE Illl :"-,'ZA,;\.I:t'f1ITI:(. r February 12, 2009 City of San Bernardino City Council Members 385 N Arrowhead Ave San Bernardino, CA 92415 RE: CUP 07-25 Honorable City Council, I thank you for reviewing these thoughts pertaining to the composition of the two buildings on this rectangular parcel. The parcel is bound on three sides by streets and is in very close proximity to the 215 Freeway making it very desirable to support retail and food uses. The most challenging aspect of this property is the fact that it is separated by an electrical easement right in the middle of the property. This easement feeds power to the rest of the parcels eastward. Due to the nature of the easement it cannot be mitigated in any way. This forces the massing of the building(s) to work around the easement which results in the composition of two small retail buildings. The proximity to the freeway reinforces the need for drive tbm convenience as well as the fact that the reduced square footage yield requires the use of the drive tbm lane to attract a tenant that can pay the higher rent rates associated with drive-thru facilities. The position of the point of entry to the drive thru lane is the next critical component of this design. As it is currently located we avoid creating any stacking conflicts onto adjacent streets. The drive tbm lane entry point must stay centered within the property. Additionally, aligning it over the electrical easement is the most efficient use ofthe site area and guarantees the vehicles will not be the cause of traffic conflicts off-site. We also need to remember that drive-thru windows are at their most efficient when they serve with the vehicle on the driver's side. Some facilities have had the window serve the passenger side forcing the driver to reach over the passenger seat (compromising control of the vehicle). If the buildings we have shown on the current plan were to switch positions it would force the drive thru lane to associate to the passenger side of the vehicle (Exhibit I) or the point of entry to the drive tbm lane would be located too close to the street curb cut and the drive-tbm lane would be shorter (Exhibit 2). I hope these sketches have helped to resolve the questions that have been brought up in previous meetings. I look forward to reviewing this project with each of you on the 11'1. of February. Sincerely, John DeFrenza, Architect 2900 Bristol Street, Building A, Suite 203, Costa Mesa, California 92626 Phone (949) 261-8805 Fax (949) 261-8053 . ! ~f ~( ~ I -' - J 1);\ J<..)II:'\DIII(tl'.:ZA,,\H.lJIITH.1 ?~.&'W~ 511)~ I ~'I/ tJEL.lv,r"'y ISSue! ,;J' :'SS':~ ",\-;1 t ! \,1 ~ i f~.fr --, '" I' : . ; I /",,,.,. ! 1 ~ '+ J --~ -'.)'ti - i-- L / ~~ ~ Ji . 4~ - --- Jv,)l! .f I\. ,-- .- -.. . ..~/i I.~ \::":::-~------''-- - - ~ .~. I 1'i- I ,- I I '~'-"")"~T-t: F<t3i",'o:v'r.""."t ..'1I:-"T'1J.-rt. C()Ma.w.hV ~ 2900 Bristol Street, Building A, Suite 203, Costa Mesa, California 92626 Phone (949) 261-8805 Fax (949) 261-8053 -l. .-- Exhibit 1 l /(ETAfL I:'~ . 7 ~ \~ I: '-., J --, O("mIJ~ If€! ~ Oi!N1'~ C4vFL, C.r i.-UfrY Ov""'-''''b I 'i it I Ie 11~ / 'f I~ .L - )DA )\.1)11'\ DL I PI ,'\I':;\.,\RtIIITl:lf :r...(4r.~ , f" 17<t.'n-,C !/€){It::.(_~ /'1>7- ,.ct. tJll-I.', -71Ik/ <+<.;.. .. ~,"-"""",' ,A1J~ 2900 Bristol Street, Building A, Suite 203, Costa Mesa, California 92626 Phone (949) 261-8805 Fax (949) 261-8053 -l Exhibit 2