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ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
Date: June 16, 2009
Subject: Conditional Use Permit (CUP) No. 07-04 to
establish a gas station, car wash, mini-mart with Type 20
Alcoholic Beverage Control (ABC) license, 2 drive-thru
restaurants and Tentative Parcel Map (TPM) No. 19162
to create 3 parcels on 2.1 acres at the northeast comer of
Inland Center Drive and "I" Street in the CG-I,
Commercial General land use district. Development
Code Amendment (DCA) No. 08-02, a proposal to
revise location standards for convenience stores and
ABC licenses is necessary to approve the project.
From: Valerie C. Ross, Director
Dept: Development Services
MCC Date: July 6, 2009
Synopsis of Previous Council Action:
06/15/09 Mayor and Common Council denied DCA No. 08-03, a Development Code
Amendment to change regulations governing convenience stores and Type 20 ABC licenses.
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council deny DCA No. 08-02, CUP
No. 07-04 and TPM No. 19162, based on the Findings of Fact contained in the staff report.
YJhwv~
,
Valerie C. Ross
Contact person: Terri Rahhal, City Planner
Phone:
3330
Supporting data attached:
Staff Report
Ward: 3 (Citywide DCA)
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
Acct. Description:
Finance:
Council Notes:
Agenda Item No.
'It!
7 -lI,Ol:f
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Conditional Use Permit (CUP) No. 07-04 to establish a gas station, car wash, mini-mart with
Type 20 Alcoholic Beverage Control (ABC) license, 2 drive-thru restaurants, Tentative Parcel
Map (TPM) No. 19162 to create 3 parcels on 2.1 acres at the northeast comer ofInland Center
Drive and "I" Street in the CG-l, Commercial General land use district and Development Code
Amendment (DCA) No. 08-02, an ordinance to revise location standards for convenience stores
and ABC licenses.
Owner/Applicant:
Inland Center Drive Service Station, L.P.
224 South Joy Street
Corona, CA 92879
c/o: Jack Kofdarali, President
(951) 280-3833
Proiect Description:
The project site is located at the northeast comer of Inland Center and "I" Street, adjacent to the
Inland Center Drive interchange with 1-215, currently under construction in conjunction with the
1-215 widening project (Exhibit 1). The development proposal includes a 3,820 square foot
gasoline service station, mini mart convenience store and automated car wash, and two drive-
thru restaurants of 3,005 square feet and 1,400 square feet. Tentative Parcel Map No. 19162 is
proposed to consolidate the nine existing parcels comprising the project site into three parcels
that conform to the site development plan. The project also includes a proposal for a Type 20
ABC license, which permits retail sales of beer and wine for off-site consumption. Due to the
city-wide over-concentration of Type 20 ABC licenses, approval of any new Type 20 license
requires a determination of Public Convenience or Necessity (PCN) by the Mayor and Council.
Urbita Elementary School is located immediately across "I" Street, north and west of the project
site, oriented with its frontage on "]" Street. This creates a conflict with the Development Code
for development of a convenience store with an ABC license on the project site. Development
Code Amendment (DCA) No. 08-02 is a proposal to revise gI9.06.030(2)(F)(4), which prohibits
convenience stores less than 1,000 feet from a school and gI9.06.030(2)(B)(l), which prohibits
ABC licenses within 500 feet from any school, religious institution or park. The proposed DCA
provides for exceptions to be considered on a case-by-case basis, allowing consideration of site
design, operating characteristics of the project and input from the school district or other
sensitive land use. The specific language of DCA No. 08-02 is in Attachment B-1 of Exhibit 2,
the Planning Commission Staff Report.
Back2round:
The project has been under review since early 2007. Extensive coordination with Caltrans was
required due to the 1-215 widening project. The project was discussed and considered as an
example by the Legislative Review Committee (LRC) in its review of DCA No. 08-03, proposed
amendments to Development Code regulations for prohibited uses, convenience stores and ABC
licenses. The proposed project does not conflict withgI9.06.025, Prohibited Uses, because gas
station mini-marts are exempt from the general prohibition of convenience stores. Therefore, the
proposed amendments of DCA No. 08-02 are very limited compared to DCA No. 08-03.
2
In support of this project, and in keeping with the provisions of DCA No. 08-02, the applicant
negotiated an agreement with the San Bernardino City Unified School District (District),
resulting in the District's support for the project, including the Type 20 ABC license. The
applicant agreed to provide funding for a crossing guard at the intersection of Inland Center and
"I" Street and safety training for students. Extensive measures for responsible management of
alcoholic beverage sales were recommended by the applicant, approved by the District and
incorporated in the conditions of approval recommended to the Planning Commission. Details
are provided in the Planning Commission Staff Report (Exhibit 2).
The Planning Commission considered the proposed project on April 21, 2009. A motion to
recommend approval of CUP No. 07-04, TTMNo. 19162 and DCA No. 08-02 to the Mayor and
Common Council failed on a vote of 2-3. Commissioners Heasley and Sauerbrun voted to
recommend approval of the project. Commissioners Coute, Longville and Mulvihill voted
against the motion. Commissioners Durr, Hawkins, Munoz and Rawls were absent. Planning
Commissioners who voted against the motion stated that they favored the development project,
but opposed issuance of an ABC license in close proximity to an elementary school, regardless
of the District recommendation.
For several months, the Legislative Review Committee of the Common Council (LRC)
considered DCA No. 08-03, proposed amendments to various sections of the Development Code,
focused mainly on exceptions to the prohibition of convenience stores within one mile of
existing convenience stores, including objective siting criteria and site development standards for
convenience stores and ABC licenses. The proposed project, CUP No. 07-04, was discussed by
the LRC as an example of a well-planned project with mitigating circumstances that warrant the
site-specific consideration proposed in both DCA No. 08-02, and DCA No. 08-03. On May 5,
2009, the LRC recommended approval of DCA No. 08-03. After considerable discussion, the
Mayor and Common Council denied DCA No. 08-03 on June 15, 2009 on a vote of 4-3.
Findin2S of Fact:
In order to amend the Development Code, the Council is required to make a finding that the
amendment would not be detrimental to the public health, safety, convenience or welfare. Based
on statements made by a majority of the Council in the discussion of DCA No. 08-03, the
following finding would apply to DCA No. 08-02:
1. Development Code Amendment (DCA) No. 08-02 would be detrimental to the public
interest, health, safety, convenience or welfare of the City. The Mayor and Council
affirmed in their June 15, 2009 discussion of DCA No. 08-03 that the existing
Development Code regulations for convenience stores and ABC licenses are appropriate
and necessary to maintain public health and safety. Council members cited concerns
related to loitering and crime associated with convenience stores that sell alcoholic
beverages. A representative of the County Public Health Department testified to the
Council on June 15, citing the existing over-concentration of ABC licenses in the City
and the detrimental effects of excessive alcoholic beverage sales on public health. In light
of these concerns, it would not be in the public interest to ease restrictions on alcoholic
beverage sales at this time.
3
Compliance with all applicable provisions of the Development Code is a finding required for
approval of a Conditional Use Permit. Therefore, unless the Development Code is amended as
proposed by DCA No. 08-02, CUP No. 07-04 must be denied based on the following finding:
2. Conditional Use Permit (CUP) No. 07-04 does not comply with applicable provisions of
the Development Code. Specifically, the project site is located less than 500 feet from the
site ofUrbita Elementary School. Therefore, approval of CUP No. 07-04 would conflict
with gI9.06.030(2)(F)(4) and g19.06.030(2)(B)(1) of the Development Code.
Recommendation:
That the hearing be closed and that the Mayor and Common Council deny DCA No. 08-02, CUP
No. 07-04 and TPM No. 19162, based on the Findings of Fact contained in the staff report.
Alternative Actions:
If the applicant is willing to revise the project to conform to the Development Code, or if the
Council is willing to consider DCA No. 08-02, or perhaps a modified version of DCA No. 08-02
that would allow the gas station mini-mart with no alcohol sales, then the item could be
continued for revisions.
Financial Imoact:
None. The applicant has paid applicable processing fees.
Exhibits:
l. Location Map
2. Planning Commission Record of Action, Staff Report and Attachments
Attachment A - Location Map
Attachment B - Site Development Plans and TPM No. 19162
Attachment B-1 - Development Code Amendment (DCA) No. 08-02 Proposal
Attachment C - Conditions of Approval
Attachment D - Standard Requirements
Attachment E - San Bernardino City Unified School District Recommendations
4
EXHIBIT 1
LOCATION MAP
u
PROJECT: Conditional Use Permit No. 07-04,
Tentative Parcel Map 19162
NORTH
MAYOR & COMMON COUNCIL HEARING DATE: 07/06/09
-
EXHIBIT 2
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
Conditional Use Permit No. 07-04, Tentative Parcel Map No. 19162
(Subdivision No. 08-14), and Development Code Amendment No. 08-02
2
April 2 I, 2009
3
AGENDA ITEM:
HEARING DATE:
WARD:
APPLICANT:
Ino Cruz, for
J&ROil
224 South Joy Street
Corona, CA 92879
(951) 280-3833
OWNER:
Hagop Kofdarali
224 South Joy Street
Corona, CA 92879
(95 I) 280-3833
REQUESTILOCATION:
A request to construct and operate a multi-tenant retail center with two drive-thru restaurants and
a gasoline service station/convenience store with a drive-thru car wash on approximately 2.1
acres located at the northeast comer of Inland Center Drive and "I" Street in the CG- I,
Commercial General land use district. The project includes a Tentative Parcel Map to consolidate
nine parcels into three, a Development Code amendment to revise location criteria for
convenience stores with Alcoholic Beverage Control licenses, and a request for a Type 20
Alcoholic Beverage Control license for beer and wine sales at the gasoline service
station/convenience store.
CONSTRAINTS/OVERLA YS:
Freeway Corridor Overlay District, Potential Ground Subsidence, Liquefaction Susceptibility
ENVIRONMENTAL FINDINGS:
o Not Subject to CEQA
~ Exempt, Section 15332 - Inml Development
o No Significant Effects
o Potential Effects
STAFF RECOMMENDATION:
~ Approval
~ Conditions
o Denial
o Continuance to:
CUP No. 07-04, & TPM 19162, DCA No. 08-02
Hearing Date: April 2], 2009
Page 2
PROJECT DESCRIPTION
The project site is located at the northeast corner of Inland Center Drive and "I" Street, in the
CG-I, Commercial General land use district (Attachment A). The applicant requests approval of
Conditional Use Permit No. 07-04, Tentative Parcel Map No. 19162 and Development Code
Amendment No. 08-02 under the authority of Development Code 919.36.050, 919.66.150 and
919.06.030(2)(B), (F) and (H). The project is a request to construct and operate a 3,820 square
foot service station with an automatic self-service car wash and a mini-mart convenience store,
two drive-thru restaurants, one 3,005 square feet and the other 1,400 square feet. The applicant
also requests approval of a Type 20 Alcoholic Beverage Control license to permit beer and wine
sales at the mini-mart. A Development Code Amendment, DCA No. 08-02 is proposed to permit
a convenience store within 500 feet of a school, with the recommendation of the School District.
Additionally, Tentative Parcel Map No. 19162 is proposed to combine the nine existing parcels
on the 2.1-acre project site into three parcels (Attachment B).
SETTING/SITE CHARACTERISTICS
The project site is comprised of 9 vacant parcels approximately 2.I-acres in combined area. It
fronts the northeast intersection of Inland Center Drive, a major arterial street, and "I" Street a
secondary arterial. The area surrounding the project site is characterized by a mix of single
family residential development and commercial establishments. To the north and west of the
project site is Urbita Elementary School, a public school operated by the San Bernardino City
Unified School District. The northeastern portion of the project site fronts the Interstate 215
freeway. The table below provides a summary of the surrounding land uses.
S
d' Zo'
dL dU
urroun mil DIng an an se:
Existing Land Use General Plan Designation
Site Vacant Parcels CG-I, Commercial General
North Vacant Parcels IL, Industrial Light
South Automotive Service and Repair CG-I, Commercial General, and IL, Industrial
Establishments Light
East Vacant Parcel, 215 Freeway IL, Industrial Light
West Single Family Residences, Urbita RS, Residential Suburban, and PF, Public
Elementary School Facilities
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEQA)
The development project is recommended to be found exempt from CEQA, under section 15332,
for infilI development projects. Development Code Amendment (DCA) No. 08-02 would alter
location restrictions on convenience stores with beer & wine sales. Without the proposed
amendment, other commercial uses would be permitted on potential convenience store sites,
resulting in similar physical impacts. Therefore, DCA No. 08-02 is not a project subject to
CEQA, pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
CUP No. 07-04, & TPM 19162, DCA No. 08-02
Hearing Date: April 21 , 2009
Page 3
BACKGROUND
Preliminary review of the project by the DevelopmentlEnvironmental Review Committee
(DIERC) occurred on January 17, 2007. The project underwent several re-designs, and required
multiple coordination meetings with City staff, the California Department of Transportation
(Caltrans) and the San Bernardino City Unified School District. The 1-215 freeway widening
project has affected the project site, where Caltrans is currently working on the Inland Center
Drive interchange. Caltrans has constructed street improvements on the Inland Center Drive
frontage of the project site, and will retain right-of-way along this frontage indefinitely. The
development plans for this project went through a parallel review process with Caltrans, and the
City Engineer and Caltrans have agreed on the proposed site design for access and circulation.
After a lengthy review process, with multiple re-designs, the current plans returned to the DIERC
on November 13, 2008, and the item was moved to the Planning Commission for consideration.
In addition to the site design issues affecting the project, the proposal of a convenience store
within 1,000 feet from a school, or a store with an ABC license less than 500 feet from a school
requires an amendment of the Development Code. The applicant has monitored the on-going
consideration of broader amendments to the Development Code regulations for convenience
stores, and has opted to pursue the amendment required for this project independently.
ANALYSIS
The project, a request to construct and operate a gas station and mini-mart and two drive-thru
restaurants, is subject to several specific regulatory provisions of the Development Code,
including: ~19.06.030(2)(T) - Service Stations, ~19.06.030(2)(F) - Convenience Stores,
~19.06.030(2)(B) - ABC Licenses and ~19.06.030(2)(H) - Drive-Thru Restaurants. The
convenience store associated with the service station is proposed to have a Type 20 Alcoholic
Beverage Control license, which allows the sale of beer and wine for consumption off the
premises where sold. It should be noted that ~ 19.06.025(1 )(F), which prohibits new convenience
stores to be located within one rnile of any existing convenience store, does not apply to mini-
mart convenience stores associated with gasoline service stations. However, ~19.06.030(2)(F)
prohibits convenience stores to be located less than 1,000 feet from any elementary or secondary
school, and ~19.06.030(2)(B) prohibits off-site ABC licenses within 500 feet from religious
institutions, schools or parks, as follows:
f19.03.030(2)(F)(4) Convenience Store - No convenience store shall be located less than 1,000
feet from an existing or previously approved convenience store, or an existing elementary, junior
high school, or high school, as measured from 1 property line to another. Service stations that
include a convenience store as an ancillary use are not subject to the 1,000 foot distance
restriction from other convenience stores. MC 9633/18/96, MC 1210 7/5/06
f19. 03. 030(2)(B)( 1) ABC license - Establishments subject to an off-site "ABC" license shall not
be located within 500 feet of any religious institution, school, or public park within the City; 100
feet of any property designated for residential use; and shall not be located in such close
proximity to another similar use to cause oversaturation of the neighborhood The license
application shall be reviewed by the Police Department prior to City approval. MC 1041 2/1/99
CUP No. 07-04, & TPM 19162, DCA No. 08-02
Hearing Date; April 21, 2009
Page 4
The proposed Development Code Amendment, DCA No. 08-02 would revise these location
criteria to allow exceptions to be approved, subject to site specific analysis and consideration of
School District recommendations through the CUP review process (Attachment B-1).
The project site is located in an area of over concentration for off-sale ABC licenses, and all new
ABC Type 20 licenses in San Bernardino require a letter of Public Convenience or Necessity
(PCN) to be authorized by the Mayor and Common Council. The Police Department does not
oppose a PCN determination for this site, and has issued requirements for approval of the ABC
license (Attachment D). The San Bernardino City Unified School District staff initially opposed
issuance of an ABC license at the project site, based on the proximity to Urbita Elementary
School. The District cited ~ 23789(b) of the California Business and Professions Code which
authorizes denial of new retail ABC licenses for prernises located within 600 feet of schools and
public playgrounds or youth facilities. When the proposed project was presented to the School
Board on April 7, 2009, the Board did not oppose the convenience store or the ABC license as
proposed, and withdrew the previous statement of opposition, subject to execution of a
memorandum of understanding between the applicant and the School District (Attachment E), to
document commitments of the applicant that have been incorporated in the Conditions of
Approval (Attachment C).
The project complies with the CG- I, Commercial General land use regulations and development
standards, as indicated below:
Item Proposal Development Code General Plan
Land Use: Service Station, Convenience Permitted subject Consistent
Store, Self- Serve Car Wash, to CUP
Drive- Thru Restaurants
Lot Coverage: 14.9% (Max.) 50% (Max.) N/A
Landscape Coverage: 24% 15% (Min.) N/A
Setbacks: 10ft
Front 10ft N/A
-
Street Side 10 ft 10ft
-
Freeway ROW 1000ft 50 ft
-
Rear 5ft Oft
-
Building Height (ft): 25ft (Max.) 30 ft (Max.) N/A
CUP No. 07-04, & TPM 19162, DCA No. 08-02
Hearing Date: April 21, 2009
Page 5
Parking Requirements:
Type of Use Building Parking Ratio Requirements Spaces Spaces
Area Required Provided
Convenience Store 2,900 sq.-ft. Retail Commercial (Convenience store)- 12 15
I space for each 250 sf. of gfa.
I tunnel Car Wash, Self Service - 2 spaces per
Car Wash self-serve stall plus 2 space queuing area per stall. 2 2
Service Station 4 islands I space for each pump island, plus I 4 4
space for each service bay.
Drive- Thru 4,405 sq.-ft. I Space for each 100 sq-ft of gfa. 44 49
Restaurants
TOTAL 7,305 sq.-ft. 62 70
FINDINGS OF FACT
Conditional Use Permit:
I. The proposed use is conditionally permitted within, and would not impair the integrity and
character of the subject land use district and complies with all of the applicable provisions of
the Development Code.
The proposed service station, converuence store, car wash and restaurants are conditionally
permitted under the Commercial General land use classification, consistent with existing
development in the vicinity. Subject to approval of the associated Development Code
Amendment No. 08-02, the project complies with all applicable provisions of the Development
Code, as illustrated in the staff report. Therefore, the proposal would not impair the integrity and
character of the subject land use district.
2. The proposed use is consistent with the General Plan.
Table LV-I of the General Plan describes the CG-I, Commercial General Land use district as
allowing "Local and regional serving retail, personal service, entertainment, office, and related
commercial uses." Policy 2.2.1 requires new development to "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." Additionally, Goal 5.7
encourages the development of "attractive and safe commercial, office, and industrial projects
that are creatively designed..." The project as proposed has been determined to be compatible
with the nearby school, would provide convenient services to other surrounding land uses, and
would be attractive and well-designed, consistent with these General Plan policies and goals.
CUP No. 07-04, & TPM 19162, DCA No. 08-02
Hearing Date: April 21, 2009
Page 6
3. The approval of the Conditional Use Permit for the proposed use is in compliance with the
requirements of the California Environmental Quality Act and Section 19.20.030(6) of the
Development Code.
Development of the project is exempt from CEQA under Section 15332 for infill development
projects. Staff review of the project confirmed that the CEQA exemption is applicable.
4. There will be no potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored
There are no anticipated negative impacts to environmental quality and/or natural resources. The
project site is located in a predominately urbanized area characterized by a variety of compatible
urban land uses. Construction of the project will constitute urban infill, with no extraordinary
effect on natural resources or the environment.
5. The location, size, design, and operating characteristics of the proposed use are compatible
with the existing and fUture land uses within the general area in which the proposed use is to
be located and will not create significant noise, trqffic 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, saftty, convenience, or welfare of the City.
The proposed use is compatible with the existing and future land uses in the surrounding area.
Subject to approval of the proposed Code amendment, the project will comply with applicable
provisions of the Development Code and the conditions of approval. The potential for conflict
with the nearby school has been considered by the School District and the School Board
recommended approval of the project. On- and off-site improvements have been designed to
mitigate or avoid potential impacts of the project on surrounding properties, so no adverse
environmental impacts are anticipated to result from the construction and operation of the
proposed development.
6. The subject site is physically suitable for the type and density/intensity of use being proposed
The site contains ample buildable area for the proposed development. The proposed development
complies with all applicable site development regulations of the Development Code, including
parking and landscaping requirements and architectural design guidelines. Therefore, the site is
physically suitable for the proposed service station and drive-thru restaurant uses.
7. There are 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 sqfety.
There are adequate provisions for public access, public utilities, and public services for the
proposed project. The site is located adjacent to a full range of utilities and other services, and it
is already served by existing public streets. All development and building codes applicable to
construction of the proposed project will ensure that the proposed project would not be
detrimental to public health and safety.
CUP No. 07-04, & TPM 19162, DCA No. 08-02
Hearing Date: April 21, 2009
Page 7
Tentative Parcel Map:
1. The proposed subdivision is consistent with the General Plan.
According to the General Plan land use map, the proposed subdivision is located in the CG-I,
Commercial General land use district. The CG-l district is defined as allowing "local and
regional serving retail, personal service, office, and related commercial uses." Additionally, the
Development Code further defines the CG-l land use district as intended for the development of
regional and neighborhood serving commercial development, under 919.06.010. The proposed
subdivision will facilitate commercial development consistent with the CG-I land use
designation of the General Plan.
2. The design of the proposed subdivision is consistent with the General Plan and Development
Code.
The design of the proposed subdivision is consistent with General Plan Policy 2.2.1, which
requires projects to "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." By satisfying all design standards of the Development
Code, as outlined in the staff report, the project is consistent with applicable Goals and Policies
of the General Plan and also complies with applicable requirements of the Development Code.
3. The site is physically suitable for the proposed type of development.
The site is physically suitable for commercial development, consistent with the proposed
commercial parcel map and development plan. The lots proposed by Tentative Parcel Map No.
19162 conform to subdivision design standards for minimum lot area, dimensions and access.
Each proposed parcel will have sufficient buildable area, with access to a dedicated public street.
Connecting to the existing infrastructure in the vicinity will provide water, sewer, and utility
services adequate to serve the proposed commercial development.
4. The site is physically suitable for the proposed density of development.
The site contains ample area for the creation of three commercial lots as well as the associated
development of buildings. The site does not contain any physical constraints that would prevent
the site from being developed as three parcels, as proposed. The proposed subdivision complies
with all applicable provisions of the Development Code for subdivision design.
5. The design of the proposed subdivision and related improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlift or
their habitat.
No significant harmful effects on environmental quality or on natural resources are anticipated to
result from approval of the proposed Tentative Parcel Map, which will reduce the number of
parcels on the site from nine to three. The site is disturbed and the associated development
project meets the criteria for exemption from CEQA as an infill development project.
CUP No. 07-04, & TPM 19162, DCA No. 08-02
Hearing Date: Apri121, 2009
Page 8
6. The design of the proposed subdivision and related improvements are not likely to cause
serious public health problems.
The design of the proposed subdivision meets all applicable Development Code requirements
and is unlikely to result in any serious public health problems. The proposed Tentative Parcel
Map will consolidate several existing parcels in a configuration that will facilitate site
development with access to existing public streets, Inland Center Drive and "I" Street. Existing
utilities and public services are available to serve the project site and ensure the maintenance of
public health and safety.
7. The design of the proposed subdivision and related improvements will not coriflict with
easements, acquired by the public at large, for access through or use of property within the
proposed subdivision.
The design of the subdivision will not conflict with any public or private easements. All
documentation relating to easements and dedications will be reviewed and approved by the City
Engineer prior to recordation of the Parcel Map. Existing easements will be reserved in place or
relocated, as necessary.
Development Code Amendment:
1. The proposed amendment is consistent with the General Plan.
The proposed Development Code Amendment would provide more site-specific review, analysis
and consultation with potentially impacted property owners in the consideration of proposals to
establish convenience stores in the City. This case-by-case review will ensure proper planning of
such uses to maintain land use compatibility, in balance with public convenience and public
safety, consistent with the following Goals and Policies of the General Plan:
Goal 2.2: "Promote development that integrates with and minimizes impacts on
surrounding land uses."
Policv 2.2.1 0: "The protection of the quality of life shall take precedence during the
review of new projects. Accordingly, the City shall utilize its discretion to deny or require
mitigation of projects that result in impacts that outweigh benefits to the public."
Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by
strategic infill of new development and revitalization of existing development."
Policv 2.4.3: "Where necessary to stimulate the desired mix and intensity of
development, land use flexibility and customized site development standards shall be
achieved through various master planning devices, such as specific plans, planned
development zoning and creative site planning."
CUP No. 07-04, & TPM 19162, DCA No. 08-02
Hearing Date: April 21, 2009
Page 9
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience or welfare of the City.
The proposed amendment would substitute site-specific project review and land use analysis by
staff and the Planning Commission for one-size- fits-all location standards currently specified in
the Development Code for establishment of a convenience store in the City of San Bernardino.
The site specific review process would elicit input from nearby land uses that may be affected by
proposed convenience stores to ensure land use compatibility in each case. Therefore, the
proposed Development Code Amendment serves the public interest and would not be detrimental
to public health, safety, convenience or general welfare.
CONCLUSION
The proposed project satisfies the Findings of Fact required for approval of Conditional Use
Permit No. 07-04 and Tentative Parcel Map No. 19162. The development project could be
approved as proposed, with a retail use other than a convenience store and no ABC license.
Based largely on the recommendation of the School District Board, staff supports approval of a
convenience store and Type 20 ABC license at this project site. Staff also supports the more
objective site evaluation standards in the proposed Development Code Amendment, DCA No.
08-02. However, before making a recommendation directly to the Mayor and Council, staff
recommends referring DCA No. 08-02 to the Legislative Review Committee, to either send
forward to the full Councilor to combine with the broader Code amendment currently under
review, DCA No. 08-03.
RECOMMENDATION
Staff recommends that the Planning Commission:
I. Refer Development Code Amendment No. 08-02 to the Legislative Review Committee of the
Common Council for review and potential recommendation to the full Council;
2. Recommend approval of Conditional Use Permit No. 07-04 and Tentative Parcel Map No.
19162 to the Mayor and Common Council, contingent on approval of DCA No. 08-02 or
DCA No. 08-03, based on the Findings of Fact in the Staff Report and subject to the
Conditions of Approval (Attachment C), and Standard Requirements (Attachment D); and
3. Recommend a determination by the Mayor and Common Council, contingent on approval of
DCA No. 08-02 or DCA No. 08-03, that the Public Convenience or Necessity would be
served by approval of a Type 20 ABC license for the convenience store proposed by
Conditional Use Permit No. 07-04.
Respectfully Submitted,
'7-~// J
Terri Rahhal - ~~
Deputy Director/City Planner
CUP No. 07-04, & TPM 19162, DCA No. 08-02
Hearing Date: April 21, 2009
Page 10
Attachment A: Location Map
Attachment B: Site PlanlParcel Map
Attachment B-1: Development Code Amendment Proposal
Attachment C: Conditions of Approval
Attachment D: Standard Requirements
Attachment E: San Bernardino City Unified School District Recommendations
ATTACHMENT A
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CITY OF SAN BERNARDINO
PROJECT: Conditional Use Permit No. 07-04, Tentative
Parcel Map 19162 SUB 08.14
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 04/21/08
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COMMERCIAL DISTRICTS - 19.06
AITACHMENT B-1
19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
...............................................................................
2. LAND USE DISTRICT SPECIFIC STANDARDS
In addition to the general development requirements contained in Chapter 19.20 (Property
Development Standards), the following standards shall apply to specific commercial land
use districts. (See Table 06.03 on previous page.) For residential uses in commercial land
use districts, see Table 4.03 and the standards contained in Chapter 19.04.030(2).
******************************************************************************
B. ALCOHOL BEVERAGE CONTROL "ABC" LICENSE
A business or establishment requiring issuance of an "ABC" license is subject to a
Conditional Use Permit, and shall comply with the following standard(s), in
addition to conditions imposed by the Commission:
1. Establishments subject to an off-site "ABC" license (Tvne 20. off-sale beer
& wine and Tvne 21. off-sale general) shall not be located within 500 feet
of any religious institution, school, or public park within the City; 100 feet
of any property designated for residential use; and shall not be located in
such close proximity to another similar use to cause oversaturation of the
neighborhood. The license application shall be reviewed by the Police
Department prior to City approval. MC 1041 2/1/99
2. Exceptions to the locational restrictions for Tvne 20 "ABC" off-sale
licenses mav be considered on a case-bv-case basis through the
Conditional Use Permit process and subiect to a determination of Public
Convenience or Necessity bv the Mavor and Common Council. Factors to
consider for potential exceptions from distance standards shall include on-
site security. walls or other barriers or buffers. circulation patterns.
operating hours or other operational characteristics that would mitigate the
potential negative impacts of the proposed alcoholic beverage sales.
Recommendations of the affected religious facility or school district shall
also be considered.
3. These locational criteria are not applicable to existing off-site "ABC"
licenses which are to be transferred to a new site within 75 feet of the
currently licensed facility. MC 1000 7/21/97
4. Establishments containing 15,000 square feet or more which do not sell
alcoholic beverages as the principal business are exempt from the
requirement for a Conditional Use Permit. MC 851 10/5/92
II -59
COMMERCIAL DISTRICTS - 19.06
5. An existing, legal, nonconforming convenience store with a current "ABC"
license for beer and wine in a CN District, which is within 100 feet of
property designated for residential use, or used for residential purposes, may
upgrade to liquor sales subject to approval of a Conditional Use Permit
provided that the establishment is within 100 feet of a similar use not in the
City. MC 914 11/7/94
6. Sit-down restaurants whose predominant function is the service of food and
where the on-site sale of alcoholic beverages is incidental or secondary are
exempt from the requirement for a Conditional Use Permit. An incidental
bar or lounge shall be allowed for the convenience of dining patrons.
(Establishments which are primarily a bar or lounge or have a bar or lounge
area as a principal or independent activity are not included in this
exemption.) MC 845 7/20/92
*******************************************************************************
F. CONVENIENCE STORES
The retail sale of groceries, staples, sundry items and/or alcoholic beverages
where the gross floor area is less than 5,000 square feet is subject to Conditional
Use Permit review, and shall be constructed and operated in the following
manner:
I. The minimum site area shall be 10,000 square feet.
2. The site shall have direct frontage along a major or secondary street. The site
shall not have direct access on a local residential street.
3. One access drive may be permitted for each street frontage. The design and
location of the access drive(s) shall be subject to the approval of the DRC.
4. No convenience store shall be located less than 1,000 feet from an existing
or previously approved convenience store, or an existing elementary,
junior high school, or high school, as measured from I property line to
another. Service stations that include a convenience store as an ancillary
use are not subject to the 1,000 foot distance restriction from other
convenience stores. Exceptions to the 1,000 foot distance from schools
mav be considered on a case bv case basis through the Conditional Use
Permit process. considering mitigating factors of circulation patterns.
security and management plans and subiect to recommendations from the
affected school district. MC 963 3/18/96, MC 1210 7/5/06
5. All on-site lighting shall be energy efficient, stationary and directed away
from adjoining properties and public rights-of-way.
6. All on-site signage shall comply with the provisions of Chapter 19.22 (Sign
Standards).
11-60
COMMERCIAL DISTRICTS - 19.06
7. All landscaping shall be installed and permanently maintained pursuant to
the provisions of Chapter 19.28 (Landscaping Standards).
8. All on-site parking shall comply with the provisions of Chapter 19.24 (Off-
Street Parking Standards). A parking plan shall be developed as part of the
permit review process.
9. The premises shall be kept in a neat and orderly condition at all times.
10. Every parcel with a structure shall have a trash receptacle on the premises.
The trash receptacle shall comply with adopted Public Works Department
standards and be of sufficient size to accommodate the trash generated. The
receptacle(s) shall be screened from public view on at least 3 sides by a solid
wall 6 feet in height and on the fourth side by a solid gate not less than 5 feet
in height. The gate shall be maintained in working order and shall remain
closed except when in use. The wall and gate shall be architecturally
compatible with the surrounding structures.
II. If on-site dispensing of automotive fuels is provided, the design, location
and operation of these facilities shall be consistent with the provisions of
Section 19.06.030(2XO)(Service Station Standards). Additionally, the
cashier location shall provide direct visual access to the pump islands and
the vehicles parked adjacent to the islands.
12. A bicycle rack shall be installed in a convenient location visible from the
inside of the store.
13. Each convenience store shall provide a public restroom located within the
store.
14. Public pay telephones provided on-site shall not be set up for incoming calls.
Public telephones shall be featured with callout service only.
15. On-site video games shall not be installed or operated on the premises.
16. A convenience store adjacent to any residentially designated district shall
have a 6 foot high decorative masonry wall along property lines adjacent to
such districts.
17. All parking, loading, circulation aisles, and pump island bay areas shall be
constructed with (PCe) concrete.
11-61
CUP No. 07-04 & TPM 19162: Attachment C
PC hearing date: April 21, 2009
CONDITIONS OF APPROVAL
Conditional Use Permit No. 07-04 and Tentative Parcel Map No. 19162
1. This approval authorizes the construction and operation of a multi-tenant center with two
drive-thru restaurants, a gasoline service station/convenience store and a drive-thru car
wash on approximately 2.1 acres located at the northeast corner of "1" Street and Inland
Center Drive in the CG-l, Commercial General land use district. The proposal includes a
Tentative Parcel Map to consolidate nine existing parcels into three, and a request to
establish a Type 20 Alcoholic Beverage Control license allowing the sale of beer and
wine for the proposed gasoline service station/convenience store. Approval of the
convenience store and ABC license rely on approval of Development Code Amendment
DCA No. 08-02. (APN: 0261-191-07).
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.
Project: Conditional Use Permit No. 07-04
Expiration Date: 2 yrs. after effective date of DCA No. 08-02 or DCA No. 08-03
3. The review authority may, upon application being filed 30 days prior to the expiration
date of CUP 07-04 and for good cause, grant a one-time extension not to exceed 12
months. The review authority shall ensure that the project complies with all current
Development Code provisions.
4. Within two years of the original approval date, the filing of the Parcel Map with the
Council shall have occurred or the approval shall become null and void. Expiration of a
tentative map shall terminate all proceedings and no final map shall be filed without first
processing a new tentative map. The City Engineer must accept the final map or tentative
map documents as adequate for approval by Council prior to forwarding them to the City
Clerk. The date the final map shall be deemed filed with the Council is the date on which
the City Clerk receives the map.
Project: Tentative Parcel Map No. 19162
Expiration Date: 2 yrs. after approval by Mayor and Council
5. The review authority may, upon application and for good cause, grant up to three
extensions of time not to exceed 12 months each pursuant to Development Code Section
19.66.170 and the State Map Act. The applicant must file an application, processing fees,
and all required submittal items, no less than 30 days prior to the expiration date. The
review authority shall ensure that the project complies with all current Development
Code provisions in effect at the time of the requested extension.
CUP No. 07-04 & TPM 19162: Attachment C
PC hearing date: April 21, 2009
6. In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim, action or proceeding and will cooperate fully in the defense of this
matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the
City of San Bernardino (City), the Economic Development Agency of the City of San
Bernardino (EDA), any departments, agencies, divisions, boards or commission of either
the City or EDA as well as predecessors, successors, assigns, agents, directors, elected
officials, officers, employees, representatives and attorneys of either the City or EDA
from any claim, action or proceeding against any of the foregoing persons or entities.
The applicant further agrees to reimburse the City of any costs and attorneys' fees which
the City may be required by a court to pay as a result of such action, but such
participation shall not relieve applicant of his or her obligation under this condition.
The costs, salaries, and expenses of the City Attorney and employees of his office shall
be considered as "attorneys fees" for the purpose of this condition.
As part of the consideration for issuing this permit, this condition shall remain in effect if
this Conditional Use Permit is rescinded or revoked, whether or not at the request of
applicant.
7. Construction shall be in substantial conformance with the plan(s) approved by the
Director, Development Review Committee, Planning Commission or Mayor and
Common Council. Minor modification to the plan(s) shall be subject to approval by the
Director through a minor modification permit process. Any modification which exceeds
10% of the following allowable measurable design/site considerations shall require the
refiling of the original application and a subsequent hearing by the appropriate hearing
review authority if applicable:
a. On-site circulation and parking, loading, and landscaping;
b. Placement and/or height of walls, fences and structures;
c. Reconfiguration of architectural features, including colors, and/or modification of
finished materials that do not alter or compromise the previously approved theme;
and,
d. A reduction in density or intensity of a development project.
8. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or
no change of use of land or structure(s) shall be inaugurated, or no new business
commenced as authorized by this permit until a Certificate of Occupancy has been issued
by the Department. A temporary Certificate of Occupancy may be issued by the
Department subject to the conditions imposed on the use, provided that a deposit is filed
with the Department of Public Works prior to the issuance of the Certificate, if necessary.
The deposit or security shall guarantee the faithful performance and completion of all
terms, conditions and performance standards imposed on the intended use by this permit.
CUP No. 07-04 & TPM 19162: Attachment C
PC hearing date: April 21, 2009
9. This permit or approval is subject to all the applicable provisions of the Development
Code in effect at the time of approval. This includes Chapter 19.20 - Property
Development Standards, and includes: dust and dirt control during construction and
grading activities; emission control of fumes, vapors, gases and other forms of air
pollution; glare control; exterior lighting design and control; noise control; odor control;
screening; signs, off-street parking and off-street loading; and, vibration control.
Screening and sign regulations compliance are important considerations because they
may delay the issuance of a Certificate of Occupancy until compliance is verified. Any
exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall
be architecturally screened by wall or structural element, blending with the building
design and include landscaping when on the ground.
10. The project shall comply with the requirements of other outside agencies, as applicable
(e.g. San Bernardino County Flood Control District, Department of Environmental
Health, etc.).
11. Signs are not approved as part of this permit. Prior to establishing any new signs or
replacing existing signs, the applicant shall submit an application and receive approval of
a Sign Permit from the Planning Division. Signs painted on the building are prohibited.
Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit
is obtained. Signslbanners shall not be placed on or over the roof or within landscaped
areas. Signs and banners shall not encroach into the public right-of-way.
12. The facility operator, property owner, and property management shall be responsible for
regular maintenance of the project site. The site shall be maintained in a clean manner
and free oflitter and any other undesirable material(s). Loose debris shall be collected on
a daily basis and the site shall be secured from unauthorized entry and removal of
materials when attendants are not present. Vandalism, graffiti, trash and other debris shall
be removed and cleaned up within 24 hours.
13. If the color of the building or other exterior fmish materials are to be modified beyond the
current proposal and improvement requirements, the revised color scheme and/or finish
materials shall be reviewed and approved by the Planning Division prior to
commencement of work.
14. Any equipment, whether on the roof, side of structure, or ground shall be screened as per
Development Code requirements in section 19.20.030(21).
15. All exterior lighting shall be energy efficient with the option to lower or reduce usage
when the facility is closed. Any electric signage may be required to be turned off when
the businesses are closed.
16. Windows shall provide an unobstructed view to the inside of the premises at all times.
Window signage shall not comprise more than 25% of the window area.
17. Barbed wire, razor wire, and/or concertina wire shall not be permitted on-site.
CUP No. 07-04 & TPM 19162: Attachment C
PC hearing date: April 21, 2009
18. Security gateslbars, doors, window bars, and/or other similar security devices shall be
installed on the inside of the structure only. Video surveillance equipment installed/used
on the exterior shall be painted to match the structure, or treated to blend with the
architecture of the development.
19. The applicant or property owner shall be responsible for posting of signs prohibiting litter
and loitering. Management shall be responsible for enforcing this provision and
maintaining the area free of litter and graffiti.
20. Music/operational noise shall not be audible beyond the property boundaries.
21. The applicant or property owner shall be responsible for posting of signs prohibiting
drinking on the premises as stated in San Bernardino Municipal Code chapter 9.32,
Section 9.32.020.
22. Any public telephones shall be located inside the building(s) and shall be fixed for
outgoing calls only.
23. Automatic teller machines, ifprovided, shall be located inside the building(s).
24. A bicycle rack shall be installed in a convenient location on the convenience store site.
25. A public restroom shall be provided inside the convenience store.
26. Video games shall not be installed or operated on the premises of the convenience store.
**Conditions agreed upon by the applicant and the San Bernardino City Unified
School District to mitigate potential conflicts with Urbita Elementary School:
27. **Hours of alcoholic beverage sales shall be restricted to 9:00 a.m. to midnight on
weekdays, and 9:00 a.m. to I :00 a.m. on weekends.
28. **Single alcoholic beverage sales shall be prohibited. Malt Beverages in quarts, 22 ounce,
32 ounce, 40 ounce or similar sized single containers are also prohibited.
29. **Video games, and/or coin operated machines shall not be installed or operated.
30. **Sales of adult material, including but not limited to magazines, videotapes, DVD and/or
films, shall be prohibited.
31. **Beer-wine cooler doors shall be locked during non-sale hours for alcoholic beverages.
32. ** All employees selling alcoholic beverages shall receive training.
33. ** Alcohol-related advertising at the fuel islands shall be prohibited.
34. **No beer or wine shall be sold from ice tubs.
CUP No. 07-04 & TPM 19162: Attachment C
PC hearing date: April 21, 2009
35. **No illuminated (i.e. neon) alcoholic beverage advertising shall be placed in the windows
or on the storefront.
36. **Employees on duty between the hours of 10:00 p.m. and I :00 a.m. who sell beer and
wine shall be at least 21 years of age.
37. ** Alcoholic beverage sales shall be limited to beer and wine only. No distilled spirits shall
be sold.
38. **No beer or wine shall be displayed within five feet of the cash register or the front door,
unless it is in a permanently affixed cooler.
39. **The sale or delivery of alcoholic beverages shall be made only to persons who are within
the (ABC) licensed premises, and not through a pass-out window or a slide out tray to the
exterior of the premises.
40. UNo alcoholic beverages shall be sold to any person while such person is in a motor
vehicle.
41. **No cups, glasses or similar receptacles commonly used for the drinking of beverages
shall be sold, furnished or given away at the (ABC license) petitioner's premises in
quantities of less than twenty-four in their original multi-container packages.
42. ** All ice shall be sold at or about prevailing prices in the area and in quantities of not less
than two pounds per sale and shall not be given away.
43. UNo malt beverage products shall be sold, regardless of individual container size, in
quantities less than six per sale, except that malt-based coolers may be carried and sold in
factory packaged 4-packs.
44. uWine shall not be sold in bottles or containers smaller than 750 mI. and wine coolers and
beer coolers shall be sold in manufacturer pre-packaged multi-unit quantities.
45. ** Alcoholic beverages shall be sold only from an enclosed structure, licensed by the state
Department of Alcoholic Beverage Control, as provided in section 24040 of the
California Business and Professions Code.
46. **Alcoholic beverages offered for sale at the (ABC) licensed premises shall be displayed
and available for convenient inspection and purchase within the premises by the general
public.
47. UNo wine shall be sold with an alcoholic beverage content of greater than 15% by
volume, except for "Dinner Wines" which have been aged two or more years and
maintained in corked bottles.
CUP No. 07-04 & TPM 19162: Attachment C
PC hearing date: April 21, 2009
48. U A sign shall be posted in the storefront window to state that the cash register contains
$50.00 or less in cash and that the drop safe is not accessible to employees.
49. UNo more than 25% of windows or clear doors shall bear advertising of any sort, and all
advertising signage shall be placed and maintained in a manner that ensures that law
enforcement personnel have a clear and unobstructed view of the interior of the premises,
including the area in which the cash registers are maintained, from the exterior public
sidewalk or entrance.
50. **Video cameras shall be mounted inside the premises in such a position as to be visible to
patrons, yet not accessible by reach.
51. uThe applicant or property owner shall post and maintain professional quality signage
prohibiting loitering and open alcoholic beverage containers on the premises.
52. UNo benches, newspaper racks, or other objects that tend to encourage loitering shall be
maintained on the premises.
53. **The applicant or property owner shall post signs in English and in the predominant
language of the facility's clientele, stating that California law prohibits the sale of
alcoholic beverages to persons who are under the age of twenty-one years, and that no
such sales will be made.
54. **The possession of alcoholic beverages in open containers or the consumption of
alcoholic beverages on the premises shall be prohibited.
55. **The parking lot of the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or
about the parking lot. Additionally, the position of such lighting shall not disturb the
normal privacy and use of any neighboring residences.
56. USigns or other advertising matter used in connection with the site licensed for alcoholic
beverage sales shall not be obnoxious, gaudy, blatant or offensive, and shall in no manner
obstruct the view of the interior of the premises from the street.
57. UNo clerk shall make any sale of alcoholic beverages unless the clerk executes under
penalty of peIjury on the first day he or she makes that sale an application and
acknowledgment of these conditions of approval. The acknowledgment shall be in a form
understandable to the clerk.
58. Submittal requirements for permit applications (building, site improvements,
landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall include
all Conditions of Approval (Attachment C) and Standard Requirements (Attachment D)
issued with this approval.
CUP No. 07-04 & TPM 19162: Attachment C
PC hearing date: April 21, 2009
59. All Conditions of Approval and Standard Requirements shall be implemented and/or
completed prior to final inspection and/or issuance of a Certificate of Occupancy.
60. This permit or approval is also subject to Attachment D, the conditions or requirements
of the following City Departments or Divisions:
a. Development Services Department - Public WorkslEngineering
b. Development Services Department - Building!Plan Check Division
c. Fire Department
d. Water Department
e. Police Department
f. Public Services Department
**End of Attachment C***
ATTACHMENT D
CITY OF SAN BERNARDINO
Development Services Department - Public Works Division
Standard Requirements
Description: A request to construct a multi-tenant center that will include a
drive-thru coffee shop, drive-thru restaurant, and a gas
station/convenience store with a drive-thru car wash on approximately 2.1
acres of land.
Applicant: Ino Cruz
APN: 0141-191-12 to 20
Location: Northeast corner of "I" Street and Inland Center Drive
Case Number: CUP 07-04
1. Drainaae and Flood Control
a) All necessary drainage and flood control measures shall be subject
to requirements of the City Engineer, which may be based in part
on the recommendations of the San Bernardino County Department
of Transportation and Flood Control. The developer's Engineer
shall furnish all necessary data relating to drainage and flood
control.
b) A local drainage study will be required for the project. Any drainage
improvements, structures or storm drains needed to mitigate
downstream impacts or protect the development shall be designed
and constructed at the developer's expense, and right-of-way
dedicated as necessary.
c) 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.
d) 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.
Proiect: A request to construct a multi-tenant center that will include a drive-thru coffee shoo. drive-thru
restaurant. and a !lag station/convenience store with a drive-thru car wash on aooroximatelv 2.1 acres of
land.
Case No. CUP 07-04
Page 2 of12
e) A Full-Categorical Water Quality Management Plan (WQMP) is
required for this project. The applicant is directed to the City's web
page at www.sbcitv.orQ- Departments - Development Services _
Public Works for templates to use in the preparation of this plan.
f) A Storm Water Pollution Prevention Plan (SWPPP) will be required.
The applicant is directed to the City's web page at www.sbcitV.orQ
- Departments - Development Services - Public Works for
templates to use in the preparation of this plan.
g) The City Engineer, prior to issuance of any permit, shall approve
the WQMP and the SWPPP.
h) A "Notice of Intent (NOI)" shall be filed with the State Water Quality
Control Board for construction disturbing 1 acre or more of land
(including the project area, construction yards, storage areas, etc.).
i) All contaminated drainage from spills in the vicinity of the fuel
dispensers shall be contained in a tank on-site and properly
disposed of by hauling to an approved contaminated waste
disposal facility. Contaminated drainage shall not be discharged
into the City streets or storm drain system.
j) The City Engineer, prior to grading plan approval, shall approve an
Erosion Control Plan. The plan shall be designed to control erosion
due to water and wind, including blowing dust, during all phases of
construction, including graded areas which are not proposed to be
immediately built upon.
2. Gradina and Landscapina
a) The site/plot/grading and drainage plan shall be signed by a
Registered Civil Engineer and a grading permit will be required.
The grading plan shall be prepared in strict accordance with the
City's "Grading Policies and Procedures" and the City's "Standard
Drawings", unless otherwise approved by the City Engineer.
b) If more than 5,000 cubic yards of earthwork is proposed, the
grading shall be supervised in accordance with Section 3317.2 of
the California Building Code.
c) The applicant must post a grading bond prior to issuance of a
grading permit. The amount of the bond is to be determined by the
City Engineer.
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Proiect: A request to construct a multi-tenant center that will include a drive-thru coffee shop. drive-thru
restaurant. and a !Zas station/convenience store with a drive-thru car wash on aooroximatelv 2.1 acres of
land.
Case No. CUP 07-04
Page 3 of 12
d) If the grading plan indicates export or import, the source of the
import material or the site for the deposition of the export shall be
noted on the grading plan. Permit numbers shall be noted if the
source or destination is in the City of San Bernardino.
e) If more than 50 cubic yards of earth is to be hauled on City Streets
then a special hauling permit shall be obtained from the City
Engineer. Additional conditions, such as truck route approval,
traffic controls, bonding, covering of loads, street cleaning, etc. may
be required by the City Engineer.
f) A liquefaction evaluation is required for the site. This evaluation
must be submitted and approved prior to issuance of a grading
permit. Any grading requirements recommended by the approved
liquefaction evaluation shall be incorporated in the grading plan.
g) 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").
h) 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.
i) 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.
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Proiect: A request to construct a multi-tenant center that will include a drive-thru coffee shop. drive-thru
restaurant. and a !laB station/convenience store with a drive-thru car wash on 3oDroximatelv 2.1 acres of
land.
Case No. CUP 07-04
Page 4 of12
j) The refuse enclosure(s) must be constructed in accordance with
City Standard Drawing No. 508. The minimum size of the refuse
enclosure shall be 8 feet x 15 feet, unless the Public Services
Department, Refuse Division, approves a smaller size, in writing.
Where a refuse enclosure is proposed to be constructed adjacent
to spaces for parking passenger vehicles, a 3' wide by 6 " high
concrete planter shall be provided to separate the enclosure from
the adjacent parking. The placement of the enclosure and design
of the planter shall preclude the enclosure doors from opening into
drive aisles or impacting against adjacent parked cars. The
number and placement of refuse enclosures shall conform to the
location and number shown on the site plan as approved by the
Development Review Committee, Planning Commission or City
Council.
k) Retaining walls, block walls and all on-site fencing shall be
designed and detailed on the on-site improvement Plan. This work
shall be part of the on-site improvement permit issued by the City
Engineer. All masonry walls shall be constructed of decorative
block with architectural features acceptable to the City Planner.
I) No construction on a site shall begin before a temporary/security
fence is in place and approved by the City Engineer or his
designee. Temporary/security fencing may not be removed until
approved by the City Engineer or his designee. The owner or
owner's agent shall immediately remove the temporary/security
fencing upon the approval of the City Engineer or his designee.
Sites that contain multiple buildings shall maintain the
temporary/security fencing around the portion of the site and
buildings under construction as determined by the City Engineer or
his designee. All temporary/security fencing for construction sites
shall include screening, emergency identification and safety
identification and shall be kept in neat and undamaged condition.
m) The Drive-through lane and the parking area adjacent to the
building shall be constructed of PCC concrete pavement.
n) The on-site improvement plan shall include details of on-site
lighting, including:
. light location,
. type of poles and fixtures,
. foundation design.
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i),+"I.+{j(j
Proiect: A reauest to construct a multi-tenant center that will include a drive-thru coffee shop. drive-thru
restaurant. and a Ras station/convenience store with a drive-thru car wash on aooroximatelv 2.1 acres of
land.
Case No. CUP 07-04
Page 5 of 12
· conduit location, material and size, and
· number and size of conductors in each conduit run.
· Photometric plot 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 ot operation, and
· 0.25 toot-candles security lighting during all other hours.
0) The design of on-site improvements shall also comply with all
requirements ot The California Building Code, Title 24, relating to
accessible parking and accessibility, including retrofitting of existing
building access points for accessibility, if applicable.
p) An accessible path of travel shall be provided trom 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.
q) 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.
r) The project Landscape Plan shall be reviewed and approved by the
City Engineer prior to issuance of a grading permit. Submit 5
copies to the Engineering Division for Checking.
s) Prior to occupancy of any building, the developer shall post a bond
to guarantee the maintenance and survival of project landscaping
for a period of one year.
t) The public right-ot-way, between the property line and top ot curb
(also known as "parkway") along adjoining streets shall be
landscaped by the developer and maintained in perpetuity by the
property owner. Details of the parkway landscaping shall be
included in the project's on-site landscape plan, unless the parkway
area is included in a Landscape and Lighting Maintenance District,
in which case, a separate landscape plan shall be provided.
u) All electrical transformers located outdoors on the site, shall be
screened from view with a solid wall or landscaping and shall not
be located in any setback/right-of-way area. It the transformer
cannot be screened, it shall be located in an underground vault
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i)4 :4(}'J
Proiect: A request to construct a multi-tenant center that will include a drive-thru coffee shop. drive-thru
restaurant. and a Qas station/convenience store with a drive-thru car wash on aDDroximatelv 2.1 acres of
land.
Case No. CUP 07-04
Page 6 of 12
unless approved by the City Engineer pursuant to Section
19.30.110.
v) 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 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.
w) Prior to occupancy the developer shall install landscaping between
the property line and the right of way to be relinquished by Caltrans
to the City along the north side of Inland Center Drive.
x) If occupancy is applied for prior to the relinquishment of the
Caltrans right of way along the north side of Inland Center Drive; a
bond and/or cash deposit shall be posted for the installation of the
landscaping improvements and maintenance costs for one year.
This bond shall be separate from the landscaping bond required for
the entire project but the same terms shall apply.
3. Utilities
a) Design and construct all public utilities to serve the site in
accordance with City Code, City Standards and requirements of the
serving utility, including gas, electric, telephone, water, sewer and
cable TV (Cable TV optional for commercial, industrial, or
institutional uses).
b) Each parcel shall be provided with separate water and sewer
facilities so the City or the agency providing such services in the
area can serve it.
c) Backflow preventers shall be installed for any building with the
finished floor elevation below the rim elevation of the nearest
upstream manhole.
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Project: A reouest to construct a multi-tenant center that will include a dr;ve-thru coffee shoo. drive-thru
restaurant. and a !:!as station/convenience store with a drive-thru car wash on aODroximatelv 2.1 acres of
land.
Case No. CUP 07-04
Page 7 of12
d) Sewer main extensions required to serve the site shall be
constructed at the Developer's expense.
e) This project is located in the sewer service area maintained by the
City of San Bernardino therefore, any necessary sewer main
extension shall be designed and constructed in accordance with the
City's "Sewer Policy and Procedures" and City Standard Drawings.
f) Utility services shall be placed underground and easements
provided as required.
g) A street cut permit, from the City Engineer, will be required for utility
cuts into existing streets.
h) All existing overhead utilities adjacent to or traversing the site on
either side of the street shall be placed underground in accordance
with Section 19.20.030 (non-subdivisions) or Section 19.30.110
(subdivisions) of the Development Code.
i) 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).
j) Sewers within private streets or private parking lots will not be
maintained by the City but shall be designed and constructed to
City Standards and inspected under a City On-Site Construction
Permit. A private sewer plan designed by the Developer's Engineer
and approved by the City Engineer will be required. This plan can
be incorporated in the grading plan, where practical.
4. Mappina
a) A Final/Parcel Map based upon field survey will be required.
b) All street names shall be subject to approval of the City Engineer
prior to Map recordation.
c) Additional survey and map information including, but not limited to,
building setbacks, flooding and zones, seismic lines and setbacks,
geologic mapping and archeological sites shall be filed with the City
Engineer in accordance with Ordinance No. MC-592.
d) Abandonment or relocation of Water Department easements shall
be completed prior to map recordation.
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iJ~i! 4,{ji)
Proiect: A reouest to construct a multi-tenant center that will include a drive-thru coffee shop. drive-thru
restaurant. and a e:as station/convenience store with a drive-thru car wash on aooroximatelv 2.1 acres of
land.
Case No. CUP 07-04
Pa~e 8 of12
5. Improvement Completion
a) Street, sewer, drainage improvement, traffic signals plans for the
entire project shall be completed, subject to the approval of the City
Engineer, prior to the Map recordation.
b) If the required improvements are not proposed to be completed
prior to recordation of the Parcel Map, a deferred improvement
agreement in accordance with Section 19.30160 of the
Development Code will be required. If the agreement is approved,
an improvement certificate shall be placed on the Parcel Map,
stating that the required improvements will be completed upon
development. Applicable to Parcel Maps consisting of 4 or fewer
parcels only.
6. Street Improvement and Dedications
a) All public streets and public easements within and adjacent to the
development shall be improved to City standards. Improvements
shall include combination curb and gutter, paving, access ramps,
street lights, sidewalks, and appurtenances, including, but not
limited to traffic signals, traffic signal modifications, relocation of
public or private facilities which interfere with new construction,
striping, and landscaping and irrigation in the Landscape and
Lighting Maintenance District. All improvements shall be
accomplished in accordance with the City of San Bernardino
"Design Policies and Procedures" and City "Standard Drawings,"
unless otherwise approved by the City Engineer. Street lighting,
when required, shall be designed and constructed in accordance
with the City's "Street Lighting Policies and Procedures." Street
lighting shall be shown on street improvement plans except where
otherwise approved by the City Engineer.
b) For the streets listed below, dedication of adequate street right-of-
way (R.W.) to provide the distance from street centerline to
property line and placement of the curb line (C.L.) in relation to the
street centerline shall be as follows:
Street Name RiQht of Wav(ft.) Curb Line(ft)
Inland Center Drive Existing Existing
"I" Street 88' Existing
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Project: A reauest to construct a multi-tenant center that will include a drive-thru coffee shoo. drive-thru
restaurant. and a gas station/convenience store with a drive-thru car wash on aporoximatelv 2.1 acres of
land.
Case No. CUP 07-04
Page 9 of12
C) Construct 8" Curb and Gutter per City Standard No. 200 adjacent to
the site. Widen pavement adjacent to the site to match new curb
and gutter. Construct approach and departure transitions for traffic
safety and drainage as approved by the City Engineer.
d) Construct sidewalk adjacent to the site in accordance with City
Standard No. 202; Case "A" (6' wide adjacent to curb).
e) At all curb returns within and adjacent to the project site, construct
accessible curb ramps in accordance with Caltrans Standards to
comply with current ADA accessibility requirements. 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) If a radius type Driveway Approach is used in lieu of the standard
drive approach the throat of the driveway shall be paved in colored
textured concrete.
h) All Curb return radii shall be 25 feet minimum.
i) The pavement on existing streets adjoining the site shall be
rehabilitated to centerline using a strategy approved by the City
Engineer.
j) Install and/or relocate street lights adjacent to the site in
accordance with City Standard Nos. SL-1 and SL-2. Also, a
separate light plan shall be submitted in accordance with the City of
San Bernardino Street Lighting Design Policies.
7. Phasina
a) If the project is to be developed in phases, each individual phase
shall be designed to provide maximum public safety, convenience
for public service vehicles, and proper traffic circulation. In order to
meet this requirement, the following will be required prior to the
finalization of any phase:
i) Improvement plans for the total project or sufficient plans
beyond the phase boundary to verify the feasibility of the
design shall be complete to the satisfaction of the City
Engineer.
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'14 iciiY;
Proiect: A reauest to construct a multi-tenant center that will include a drive-thru coffee shoo. drive-thru
restaurant. and a l!as station/convenience store with a drive-thru car wash on aooroximatelv 2.1 acres of
land.
Case No. CUP 07-04
Paee 10 of 12
ii) A Plan shall be submitted for review and approval by the
Engineering Division, Fire, and Planning Departments,
indicating what improvements will be constructed with the
given phase, subject to the following:
iii) Street improvements shall be completed beyond the phase
boundaries, as necessary to provide secondary access:
iv) Drainage facilities, such as storm drains, channels, earth
berms and block walls, shall be constructed, as necessary,
to protect the development from off-site flows:
v) A properly designed water system shall be constructed,
which is capable of providing required fire flow, perhaps
looping or extending beyond the phase boundaries.
vi) Easements for any of the above and the installation of
necessary utilities shall be completed; and,
vii) Phase boundaries shall correspond to the lot lines shown on
the approved tentative map.
8. Required Enaineerinq Plans
a) A complete submittal for plan checking shall consist of:
. street improvement plans (may include street lights or street
lighting may be separate plan),
. sewer plans (Private sewers may be shown on on-site
improvement plan; public sewers must be on a separate plan
with profile),
. storm drain plans (Private storm drains may be shown on on-
site improvement plans; public storm drains must be on a
separate plan with profile),
. traffic signal plans,
. signing and striping plan (may be on sheets included in street
improvement plan),
. lighting (on-site lighting may be included in on-site improvement
plan or may be on a separate stand-alone plan),
. grading (may be incorporated with on-site improvement plan),
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i)~il_lor)
Proiect: A request to construct a multi-tenant center that will include a drive-thru coffee shop. drive-thru
restaurant. and a !lag station/convenience store with a drive-thru car wash on aDoroximatelv 2.1 acres of
land.
Case No. CUP 07-04
Page II of12
. on-site landscaping and irrigation,
. other plans as required. Piecemeal submittal of various types of
plans for the same project will not be allowed.
. All required supporting calculations, studies and reports must be
included in the initial submittal (including but not limited to
drainage studies, soils reports, structural calculations)
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.sbcitV.orq
9. Reauired Enaineerina 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.
10. Applicable Enaineerina Fees
a) All plan check, permit, inspection, and impact fees are outlined on
the Public Works Fee Schedule. A deposit in the amount of 100%
of the estimated checking fee for each set of plans will be required
at time of application for plan check. The amount of the fee is
subject to adjustment if the construction cost estimate varies more
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Proiect: A reauest to construct a multi-tenant center that will include a drive-thro coffee shoo. drive-thru
restaurant. and a eas station/convenience store with a drive-thru car wash on aooroximatelv 2.1 acres of
land.
Case No. CUP 07-04
Page 12 of12
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.sbcitv.orq
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.
11. Traffic Reauirements
a) The developer is responsible for obtaining legal access across the
Caltrans property along Inland Center Drive from Caltrans prior to
any use thereof.
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CITY OF SAN BERNARDINO FIRE DEPARTMENT
STANDARD REQUIREMENTS
;/'/(AJln r E/llfCJ:Ll'i-C
GENERAL REQUIREMENTS:
I Provide one additional set ot ;~,:lr1struc(iun ~,ians to 8uilr1in!] dnd Safety IJr Fire Department use at time of plan check.
Contact the City of San Bemanjino Fire Cnpartrnert at (909) .384-5585 ior specific detailed requirements.
The developer shalt provide for adequate firo flow. Minimum lire flow requirements shall be based on :>quare footage, construction features. and exposure
Information supplied by Ihe developer and ffiY~~ be aV:lilabie prior 10 placing combustible materials on site.
Case: (up :J7-(J4
Date: i - / 7- (Ji?
Reviewed By: Gnu
WATER PURVEYOR FOR FIRE PROTECTION:
~ The fire protection water service for Ihe area of thiS prrJject is prcv:r1e<j by:
N San Bernardino MunicIpal Water Cepurtmont-Er'lglr,eenng (909) 384-5391
o East Valley Water Dislrict--Engmeenng (909) 888.8S186
o Other Water purveyor:
PUBLIC FIRE PROTECTION FACILITIES: t:'.1-/~ 1101<:" 6J/1!.LC!;f! UPDA-rc:-o / P NOT COMPL Y/Ne;".
~ Public fire hydrants are required along slreets at intErvals not to exceed 300 feet for commercial and mUlti-residential areas and at intervals not to exceed
yY. 500 feet for residential areas.
I\J 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
';t"( hydrant flow rates of 1 ,000 gpm at a 20 psi mi,'imum reSidual pressure are required for residential areas.
~ Fire hydrant type and specitictocation shall b.3 jointly determined by the City of San Bernardino Fire Department in conjunction with the water purveyor. Fire
y-... hydrant materials and installatIon shall conform 10 the stanrjards dnd specifications of the vtater pUNAyor.
~ Public fire hydrants, fire services. and pub;ic ',vater faciiities necessary to meet Fire Department reqlli:ements are the developer's financial responsibility and
shall be installed by the watnr purvuyor 0r hy the I"le'itlfcper ,':11 tt,'3 ''\later purveyor's discretion. CGr)tact the \'vater purveyor indicated aboVe for additional
information.
Phone:
ACCESS:
D Provide two separate. dedic:',t1~d j,)U.os ,)1 'r\gre~~/t3giess to the prapcfty entrance. The ralites shaH be pav(:<d, aU vleather.
'-(}f Provide an access road to each b'jiJdiqg f_)f' fim lppar.1ll.;s. Acct)sS roadway shall have an ..lll-we:.tther driving surface of not less than 20 leet of unob~
r" structed width.
~ Extend roadway 10 "litru.n 1 SiJ fAd \,i Ii! ~),')'tiO.( 1,5 'if Ihe '.;lI12rrQr wall of au. single story buildir.gs.
tJ Extend roadway to wlihin 50 tel'( ',~r.tw ", j,',.('!" \'/"111;:'/ ,111 'T1uUic!e-siory buildings.
-r;r Provide "NO PARKING' ;;:gn5 wt t'f";'.'''1 r:;:H \!Ilp 01 WhlCiAS INGuld pos51ole reduce the clearance 01 aCCf<SS rOaijways to less than the required width. Signs
~ are to read "FIRE LANE~-NO P.'\RK;~L.- M,C_ Sec. 15,16",
o Dead-end streets shall not f';<,:EXJ'j son '.'H in 'djfjfh :.nd ShlU 11.,W8 ~ minimum 40 feot rddius furnarawld.
o The names of any new stred:,> p'Jb:Ir::,' iH"Jtd) ",!'all b(; submitted 10 the Fire Dep'lnment for ClpJ:JrOV<l1.
SITE:
~
All access roads and stroe's dffl tC 'ft;, ,:orsr--jl:t8d Qfld r~s.'\bi(! pnor to I:Qrnbustiblo con,:lpJ\;;ti,;;'n.
Private fire hydrants shall be :'I~t,ltIC(1 ~:J ','r :1:.;t f.:ilCh budding iocated l!lore than 15(: l_,et fr'~n1 the ':Iub line, No fire hydrants should be within 40 feet of any
exterior wall. The hydrant." .5kll~ 1)8 Wet :3..m;;}1 'yrO, '.vilh 'J110 2'''.> inch .l'~d 4 inch ')lllte!. and approv6-d by the Fire Department. Areas adjacent to fire
hydrants shall be designated a:; a 'NO ;-, 4MK1NG" '!!);le by p,linting an g inch wid.,: red slriGe f(:)r ~ 5 feel ;n C:dcn direction in front of the hydrant in such a
manner th8t it...nll not be t:1()ck~d by o:.'.r!<'(l,j 'I.:~ni<::~es. 1;_tlc~inQ ~o bo=::n -",hilt) 6"!Jv :,<". $UtJm II 70 P /P,,~
BUilDINGS:
-\7'1 Address numerals ;;hall be If)sl(Jil.~,j, n i'." ~);J"G:r"J ii' ll",,~ ij)nt ur ,_,II).',r ,1pprCHJ:i location in sv".h ii ,TldrlO'l( as to be visible trom the frontage street. Com-
r merclal and multI fan1lly ')(jr_:"~~~ " !).l';(,.i~ ,:-",1:>: '~:W;lif'S '::Jlljirq:e :arnl:Y dddn:;s" ru!Y:,n_ll:': snail bp, ,l ;I'rh.'~s tall. The coior ot the numerals shall con-
~ trast with the color ,)/ the b"'::~~I."lJllll
Identify each gas <.tnrJ tJle"t'-lc 'i'<.'t'-'I 'I'h 'i~' "',L',:,~:;( f '110 l.i:1i il>.,;\;~s.
Fire extinguishers m'.1~r be If';jI,Jiled ,)r:or '_c '~" "";idl,.vll)~;'I~;'J CC,;lJ!)8(J ~ 'nli:i,l','.Jr'l :;Ii<] fern;: tini 'l;,';l1gulsher is 2A 10B/C. Minimum distribution of
tire extinguishers must be 3l;,~h frcal '1,; l' ;'1..1 r~;'1 f t"" ~,Uil ~ n.];s 'Ji'll ''',!c ~l ;,'3-1H: t:..:t<jJi':!:":',~~:, '.r", 'J:..:.jrqu:~,;-,ar.
o Apartment houses ,~ith 113 'Jr IT1nl,:;,,(,I~, 'l<, '.' .vi~l' .;.j or mo'.:; , "I~" cr apalt"'c,'I..,:r 1")\8;.,; \r!';~f'ls) liln/3 ,'>lories or mme in hl'"iight shall be
equipped with -lUtom;Jic fir., - ,'r'(;I,! ,:~', "~:'p\ ,ti:-,,;~,-js
o All buildings, ,)ver S,OOI.; '-,r~'__,;i'! t" .d ,:, ;'1 ,f, ,l' -i.'~,~'r',
vacant o\ler 365 Ja:ls,
1/ Y[' Submit pJar,s for the 11m U')l','C'iC'i~
f\ 'lj T~nant imprc'mrn81,ts indt p-'n'I;." r,
o Provide lir-9 alarm (~i;q'.iir'Jd U-""jt, .'1,
o Fire Department ~on"iJct:G:-: I,) 'IJ'i~',~'f,f
"f.>r Fire Code Permit reqLin;d, 3rr'y ,i:
1:T Fire Sprinklermonjtorin9 rrlq"i'dJ. 1>1""
o Occupant Load.
'pn,,k ',r 'I';
,'>~,iqn~d :c ~"r:-,JA SI.t,1danJS, Thib i(l(:lvdes l;:xisling bUildings
(( "',.:"" fl'l.;rH i ;'I'J;" " '.'JI,lil~1 '9 : -."'".n>c'i':~, 01 n;>J ;y::;t,;fn. Pt;t;;lit Ilv~LJired,
;-, ,,'e,r. );"\)\, ..d Fir'~ [)updrtrn,Olnl pii",r:o stn;t .)1 ';/;r;struU".m. P'}rml! ;cquimd.
; I,: .: ';tl l~'iJi; ,,,.f:J'{ ;:"'0 ':"'8f!8.ltrr<.'!nt pliori(~ ';Ian ui itl~;;di!a'lcn, C'ermit rC-Quil"("d,
,;L"':J,:"fJ'-"~ :-'(." '.'. :_~i' ",,:;Uired at Fir>) C.(~.c>1m8nt ,j,Pfr0ved Jr)cnion.
,.",' 1f;.1, "'e'''.,'<.A ~Se:HBLY \:1' A:5 urAl/oJ/,!
.1 '[_pro; d n, :110 ri,'d I,d-!p,.~rtment prior (0 (Ik ;,:",rt of ccnslru,,;;!:or. P'mnit required.
Note: The applicant must (''1q:,(;31, .f) 'k:!;;",) .f '{
ADDITIONAL INFORMATION: ~ (1f)'5
---."--~._'- - ~"'~--._--'
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H'B170('jJC..;)
SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
STANDARD REQUIREMENTS
DRC/ERC Case: CONDITIONAL USE PERMIT NO. 07-04
141-191-12thru 20
Hagop Kofdarau
Ino Cruz
A request to construct a multi-tenant center with a drive-thru coffee shop, drive-thru restaurant, and a gas station
lconvenience store with a drive-thru car wash on approx. 2.1 ae located at the NE corner of Mr 8t & Inland Center Or.
in the CG-1
NUMBER OF UNITS: 0
LOCATION: Northeast corner of "I" Street and Inland Center Drive
WATER DEPARTMENT ENGINEERING:
APN NUMBER:
EPN NUMBER:
REVIEW OF PLANS:
OWNER:
DEVELOPER:
TYPE OF PROJECT:
DATE COMPILED: 1/15/2008
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
~ Size of Main Adjacent the Project 8" CI in "I" St., 6" Clin Inland Center Dr., 3" S8 in alley
" Approximate Water Pressure MRIi Elevation of Water Storage: ~ Hydrant Flow @ 20psi: 2367 ODm
~ Type, Size, Location and Distance to Nearest Fire Hydrant 011-033
L- Water Supply Study Required ~ Pressure Regulator Required on Customer Side of the Meter
= Offsite Water Fadlities Required --.-..J Water Main Reimbursement Due
= Area Not Served by San Bernardino Municipal Water Department
~ Network. Hydraulic Analysis Required per Unifonn 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
~ Double Check Backflow Device Required at Service Connection for Fire and Irrigation
-L Backflow Device to be Inspected before Water Service can be Activated
~--= No Backflow Device is required at this time
SEWER CAPACITY INFORMATION
CONTACT: Thomsen, Neil PHONE NUMBER: (909) 384-5093 FAX NUMBER: (909) 384-5592
Note: Proof of Payment Must be Submitted to the Building Safely 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
FAX NUMBER: (909) 384-5928
COPY TO: Customer; Planning; Engineering
^ ~"'~~"'~"-"""'~""~"- "-'_.~~._..~,,.~ ..__.,...._,,,..,~..-
Tuesday, January 15, 2008
EPM
Page 1 of 1
CONDITIONS
I STREET/INLAND CENTER DRIVE (CUP #07-04)
I. Sales of alcoholic beverages shall be permitted only between the hours of 6:00 a.m.
and 2:00 a.m.
2. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee. (With the exception of other properly
licensed establishments.) No alcoholic beverages shall be consumed along the
exterior of the business, in any parking area, or on any adjacent city street or
alleyway.
3. Any graffiti painted or marked upon the premises or on any area under the control of
the licensee(s) shall be removed or painted over within 48 (Hours).
4. The licensee shall be responsible for maintaining free oflitter the area under their
control and any area adjacent to the premises over which they have control, or used
by their patrons. These parking areas shall be cleaned of any litter upon the close of
business each day.
5. The parking lot of the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on
or about the parking lot and exterior of the premises. Additionally, the position of
such lighting shall not disturb the normal privacy and use of any neighboring
residences.
6. Loitering is prohibited on or around these premises and all areas under the control of
the licensee( s).
7. The licensee shall be responsible for the posting of signs prohibiting litter and
loitering at the exterior of the business and in adjacent parking areas.
8. If public telephones are installed on the premises, they shall be installed inside the
business and programmed for outgoing calls only.
9. Licensee must comply with all City building, fire, zoning and health regulations.
10. No beer or malt beverage product shall be sold, regardless of container size, III
quantities of less than six per sale, other than quart bottles.
II. No distilled spirits shall be sold.
12. All ice shall be sold at or about prevailing prices in the area and in quantities of not
less than five (5) pounds per sale and should not be given away free.
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 collectiDn or transportation Df refuse, recyclable discards, Dr green waste frDm any commercial and
industrial IDcatiDns within the City shall be provided by the City Df San BernardinD Public Services Department
unless Dtherwise franchised Dr permitted. [MC !i B.24.140]
2. New aCCDunts require a cDmpleted Service ApplicatiDn, with a full depDsit and a copy Df manuals fDr all
cDmpactDr units, returned tD the City Df San BernardinD Refuse & Recycling DivisiDn priDr tD issuance of the final I
Certificate Df Occupancy.
3. Shared refuse and recycling services fDr multi-tenant cDmmercial sites shall be billed tD a single Dwner Dr i
property manager; leases shall include terms tD accommDdate sub-metered services. ,
4. All refuse cDntaining garbage, such as fDDd, vegetable, Dr animal wastes, shall be remDved at least twice weekly,
and all Dther SDlid wastes shall be remDved at least Dnce weekly. [SB CDunty Health, SanitatiDn and Animal
RegulatiDns !i 33.0B3]
5. All commercial establishments generating 6 cubic yards Dr mDre Df SDlid waste per week shall establish City
recycling services fDr maximum diversiDn within 30 days Df Dpening business, Dr establish an alternative
diversiDn program tD be identified in the IWM Survey fDr the prDject.
Automated Cart Service to Nonresidential Facilities
6. NDnresidential establishments such as small Dffices, shDps, meeting halls, Dr churches, which generate 2 cubic
yards Dr less Df nDn-bulky waste per week and are IDcated Dn the same side Df a residential blDck receiving
autDmated cart service shall meet residential rather than commercial requirements.
Service Vehicle Access
7. Projects shall meet City Engineering requirements fDr commercial vehicle drive access alDng the main ingress tD
and egress frDm enclDsures. These requirements shall not limit requirements for Fire vehicle access.
8. PrDperty withDut thrDugh access shall incDrpDrate at least Dne Df the fDllDwing designs:
. A cul-de-sac with a 40-fDDt turning radius fDr a 32-fDDt vehicle length
. A hammerhead turn with a 40-fDDt turning radius fDr a 32-foot vehicle length
Gated Access
I 9. Gated properties that are IDcked and unmanned on service days anytime between the hours of 5 AM and 5 PM
Monday thrDugh Saturday shall provide access code Dr key tD Public Services.
Shared Collection Areas - Reciprocal Access
10. Front-IDad bin enclosures and roll-off compactor units may be shared acrDss existing or proposed prDperty ,
lines if enclDsures or equipment provide adequate capacity fDr anticipated refuse and recyclable matenals
ge neration, AND if Reciprocal Access fDr shared collectiDn areas is recorded with the prDperty.
Roll-off Compactor Units
r.'D 'PI 627,2003
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.
13. Roll-off boxes at locations receiving City service must meet City rail and hook specifications per City
Engineering Standard 510. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side
design may be subject to a roll-back charge.
14. Compactor equipment shall be screened from view of public right-of-way by materials compatible with building
architecture and landscaping as specified by City of San Bernardino Development Code. [MC ~ 19.20.030 (21)]
15. Location, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and
compactor screening, shall be shown on site plans and labeled that construction shall meet City Engineering
Standards.
MD, PI 6272003
City Of San Bernardino Public Services Department
Standard Development Requi rements
Page 2 of 2
I Existing Bin Enclosures
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 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.)
17. Minimum double-wide enclosures of 8 feet by 15 feet shall be required for all development to allow for I
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.
I
I
19. Front-load bin and compactor enclosures must be constructed according to City Engineering Standard 508. Rear I
or side pedestrian entry shall be provided on enclosures for all multi-unit residential development. Pedestrian i
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. I
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.
I 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 9 11 03.2.2J
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 I
restrict gates or exceed height of enclosure. Include vegetation on landscape plans.
I 25. Enclosures shall be located with gates aligned for straight access for service vehicles.
I 26. Enclosures shall not obstruct drive aisles, driveways, loading zones, parking, handicap access, or visibility of
I cross-traffic from drive aisles, alleys, or streets. Location shall not cause service vehicle to block access drives i
during while bins are being serviced.
27. Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to
parking shall be separated by a minimum 2-foot wide curbed area out to the farthest point of both gates, and
designed to safely restrict gates from opening into parking spaces or landscaped areas..
28. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on
site plans and labeled that construction shall meet City Engineering Standards.
Multi-unit Dwellings
29. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherNlse approved.
MD PI 6.27.2003
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NOTES
I. All WOR'K- SHAtl--BE"DtJI'tE- Itt ACCORDANCE WITH Tl-tE STANOA~n SPECIFIC'AftONS FOR
PUBLIC WORKS CONSTRUCTION, LATEST EDITION.
lOCATioN SUBJECT TO THE APPROVED DEVELOPMENT PLANS.
WITHIN 5' OF COMBUSTIBLE CONSTRUCTION, INSTALL A AJTOMATIC FIRE SPRINKLER AS
APPROVED BY FIRE DEPT.
CONCRETE BLOCK WALLS TO BE COMPATIBLE WITH BUilDING EXTERIOR.
SPECIFIED MANUFACTURER'S SHOWN OR APPROVED EQUAL.
2
3
4
5
(i~
APPRO'/ED - S - B 6
i~" A'l:>r~
'",PE''' ~R "F FUPLli' 'H:'pv'~'
.. 0 CIT~( ENG,NEER" . ..
SA'; 8E8.rtARD I ,'W PU811~ WORkS D.EEI
REFUSE ENCLOSURE
STMW AV. D
P\.ArJ
508
.....
"
ATTACHMENT E
SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT
(UPDATED ATTACHMENT E DISTRIBUTED
TO THE PLANNING COMMISSION 4/21/09)
Arturo Delgado, Ed.D.
Superintendent
John A. Peukert, Assistant Superintendent, Facilities/Operations
April 17,2009
Terri Rahhal, City Planner
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
RE: Waiver of any Objections to the Conditional Use Permit No. 07-04
Dear Ms. Rahhal:
The San Bernardino City Unified School District ("DISTRICT") hereby waives any objections to the
approval of the Conditional Use Permit ("CUP") No. 07-04 being issued to the INLAND CENTER
DRNE SERVICE ST A nON ("OWNER"). The DISTRICT has been informed by the City of San
Bernardino ("CITY") that the Thirty-one (31) self-imposed conditions, herein attached, will be made
part of the CITY's requirement for the approval of the CUP. Anyaction(s) taken contrary to this
understanding shall require notification and subsequent approval of the DISTRICT.
The DISTRICT has entered into a Memorandum of Understanding ("MOU") with the OWNER. The
aforementioned MOU delineates the DISTRICT's expectations of the OWNER and also includes the
OWNER's self-imposed conditions. The DISTRICT reserves the right to request revocation of the CUP
by the CITY if the terms and self-imposed conditions in the MOU are not met by the OWNER.
Enclosed herein is a copy of the MOD.
If you have any questions or need additional information, please do not hesitate to contact me at
WaeI.Elatar@sbcusd.com; or (909) 388-6107.
Sincerely,
\ ~.
Wael Elatar
Facilities Administrator
Facilities Management and Maintenance & Operations Department
Enclosures
FAOUTIES MANAGEMENT DEPARTMENT
777 North F Street. San Bernardino, CA 92410 . (909) 388-6107. Fax (909) 885-4218
Wael.Elalar@sbcusd.com
Contract No. 08/09-784-00:27 POA
MEMORANDUM OF UNDERSTANDING
For CONDITIONAL USE PERMIT OF ARCO AMIPM GAS STATION
1. Parties. The Memorandum of Understanding is by and between the INLAND
CENTER DRIVE SERVICE STATION (hereinafter "OWNER"), and SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT (hereinafter "DISTRICr).
2. Effective Date. Effective April ] 5, 2009, the OWNER and DISTRICT, hereby
mutually promise and agree as stated herein.
3. Purpose. This Memorandum of Understanding (hereinafter "MOU") delineates
the stipulations and conditions for the Conditional Use Permit No. 07-04
(hereinafter "CUP") of the Arco-AM/PM Gas Station (hereinafter "Property") being
proposed to be built on the east side of I Street at the NEC Inland Center Drive, San
Bernardino, California.
4. Term. This MOU is effective from April 15, 2009 and continues unless
terminated with or without cause by the DISTRICT with a minimum of sixty (60)
days written notice.
5. Restrictions and Conditions. As a principal condition for approval of the CUP by
the DISTRICT, the OWNER agrees to work cooperatively to review and abide with
these self-imposed restrictions, DISTRICT stipulations and conditions as described
below.
I. ALCOHOL RESTRICTIONS:
a. Sales and service of alcoholic beverages shall be permitted only between
the hours of 9:00 a.m. and 12:00 midnight on weekdays and 9:00 a.m.
through I :00 a.m. on weekends.
b. Single sales of alcohol are prohibited. The sale of beer or malt beverages
in quantities of quarts, 22-ounce, 32-ounce, 40-ounce or similar sizes are
not allowed.
c. No malt beverage products shall be sold, regardless of individual
container size, in quantities of less than six per sale, except that malt
based coolers may be carried and sold in factory packaged 4 packs.
d. Wine shall not be sold in bottles or containers smaller than 750 ml and
wine-coolers, beer coolers, must be sold in manufacturer pre-packaged
multi-unit quantities.
e. Alcoholic beverage sales shall be limited to beer and wine only with no
distilled spirits sold.
f. No alcoholic beverages shall be sold to any person while snch person is
in a motor vehicle.
MOL' lor Area Gus Station
Page lof6
: C....:, <..'
M~moiJndum of UnderslaruJing
SBeUSD and SIlMWD
Contracl No. 08/09-784-0027 POA
g. There shall be no cups, glasses, or similar receptacles commonly used
for the drinking of beverages, except for tountain drinks, shall he sold,
furnished or given away at the OWNER's premises in quantities of less
than twenty-four in their original multi-container package.
h. All ice shall be sold at or about prevailing prices in the area and in
quantities of not less than 2 pounds per sale and shall not be given away.
i. No display of any alcohol-related advertising at the fuel islands.
J. No illuminated (i.e. neon) alcohol advertising will be located in the
windows or on the storefront.
k. No beer or wine will be sold from ice tubs.
I. No beer and wine will be displayed within five feet of the cash register
or the front door, unless, it is in a permanently atlixed cooler. Beer/wine
cooler doors are to be locked during non-sale hours.
m. The sale and delivery of alcoholic beverages shall be made only to
persons who are within the licensed premises, and not through a pass-out
window or a slide out tray to the exterior of the premises.
n. There should be maintained upon the drive-in premises, a building or
other suitable enclosed structure to be licensed as provided in Section
24040 of the Alcoholic Beverage Control (hereinafter "ABC") Act, and
all sales of alcoholic beverages shall be made from within the licensed
enclosure.
o. Alcoholic beverages offered for sale at the licensed premises shall be
displayed and available for convenient inspection and purchase within
the premises by the general public.
p. No wine shall be sold with an alcoholic beverage content of greater than
] 5% by volume except for "Dinner wines" which have been aged two or
more years and maintained in corked bonles.
q. The possession of alcoholic beverages in open containers or the
consumption of alcoholic beverages is prohibited the premises.
r. Mandatory training of all employees selling alcoholic beverages.
Employees on duty between the hours of 1 0 p.m. and I :00 a.m. who sell
beer and wine shall be at least 21 years of age.
s. No clerk shall make an off sale of alcoholic beverages unless the clerk
executes under penalty or perjury on the first day he or she makes that
MOLi ror Areo Gas Stilt ion
Page 2 of6
Mcmomndum or LJnderslunding.
SBCUSD nnd SBMWO
Contract No. 08/09-784-0027 POA
sale an application and acknowledgement. The application and
acknowledgement shall be in a torm understandable to the clerk.
II. SIGNS
a. Post and maintain a professional quality sign stating "No loitering is
allowed on or in front of these premises."
b. Post and maintain a professional quality sign stating ;'No open alcoholic
beverage containers are allowed on these premises."
c. Post a sign in the window to identify that the cash register contains
$50.00 or less in cash and the drop safe is not accessible to employees.
d. Post in English and in the predominant language of the facility's
clientele, a notice which shall be placed therein that California State law
prohibits the sale of alcoholic beverages to persons who are under the
age of twenty-one (21) years and no such sales will be made.
e. Signs or other advertising matter used in connection with the licensed
premises of OWNER or alcoholic beverages shall not be of any
obnoxious, gaudy, blatant, or offensive nature and shall in no manner be
contrary to the rules of the ABC, nor obstruct the view of the interior of
the premi ses from the street.
f. OWNER shall ensure no more than 33 percent of the square footage of
the windows and clear doors of an off-sale premise shall bear advertising
or signs of any sort. All advertising and signage shall be placed and
maintained in a manner that ensures that law enforcement personnel
have a clear and unobstructed view of the interior of the premises,
including the area in which the cash registers are maintained, from the
exterior public sidewalk or entrance.
III. PROHIBITION OF ADULT MATERIALS OR VIDEO MACHINES
a. There shall no sale or rental of any adult magazines, videos, tapes. discs
or films.
b. There shall be no coin-operated games or video machines maintained on
the premises.
IV. MAINTENANCE OF PREMISES
a. No benches, newspaper racks, bicycle racks or any other objects that
tend to encourage loitering shall be maintained on the premises.
b. The parking lot of the premises shall be equipped with lighting of
sufficient power to illuminate and make easily discernible the
appearance and conduct of all persons on or about the parking 101.
MOll for Area Gas Slat ion Page 3 of 6
Memorandum of Undcrslunding
SIlCUSD and SIlMWO
Contract No. 08/09.784-0027 POA
Additionally, the position of such lighting shall not disturb the nOnllal
privacy and use of any neighboring residences.
c. Upon request of the San Bernardino Police Department or other local
law enforcement agencies or at the discretion of the CITY, each public
telephone located on the premises (or located in an adjacent area under
the control of the OWNER) shall be equipped with devices or
mechanisms that prevent persons from calling into that public telephone.
d. Video cameras shall be mounted inside the premises in such a position
as to be visible to patrons yet not accessible by reach.
e. Litter shall be removed daily from the premises, including adjacent
public sidewalks and all parking areas under the control of the OWNER.
f. Any graffiti painted or marked upon the premises shall be removed or
painted over within 72 hours of discovery thereof.
6. Other Legislations. I n addition to the conditions and restricted contained
herein, the OWNER shall also abide by the regulations and laws of other State and
local agencies with jurisdiction over the Property, including but not limited to, the
Alcoholic and Beverage Control Board, City of San Bernardino and the County of
San Bernardino.
7. Consequences of Non-Compliance. The parties agree that the implementation of
the conditions as stated hereinabove is an integral part of the CUP and the
continuation thereafter. Therefore, where the OWNER fails to comply with the
conditions, the following actions may be taken:
a) The CITY may revoke the CUP upon reasonable time and
allowance to OWNER to remedy the situation.
b) The DISTRICT reserves the right to request the revocation of the
CUP by the CITY when the conditions are not being met.
8. Transfer to New Owner(s). The CUP is concurrent with the property. A
change in ownership shall not affect the conditions. The conditions, terms and
provisions of this MOU are transferable and shall apply to any new owner(s) or
licensee of the property.
9. Payment of Crossing Guard. The OWNER agrees to pay to the DISTRICT the
sum of Two Thousand Five Hundred Dollars ($2,500) per year for 10 years,
effective the year following the occupancy date of the Gas Station. The payment
shall be used to mitigate the traffic issues and address students' safety due to the
traffic escalation as a result of the construction of the Gas Station.
10. One-Time Donation. OWNER shall make a one-time donation of Five
Thousand Dollars ($5,000) to Urbita Elementary School to promote student safety
programs.
MOU for Areo Gas Station
Page 4 of6
Memorandum or 1 lmlcrslllndillg
SIlCl;SD and SIlMWD
Contract No. 08109-784-0027 POA
11. Misc:ellaneous Provisions.
The following shall be made part of this MOO:
a. Amendment of this MOU. No supplement, modification, or amendment of this
MOU shall be binding unless executed in writing by the parties hereto. No
waiver of any of the provisions of this MOO shall operate as a waiver of any
other provisions (whether or not similar), nor shall such waiver constitute a
continuing waiver. Except as specifically provided in this MOU, no failure to
exercise or any delay in exercising any right or remedy shall constitute a waiver.
b. Assignment: Binding Effect. Neither this MOU nor any of the rights or
obligations hereunder may be assigned by either party hereto without the prior
written consent of the other parties; except that the OWNER may, without such
consent, assign all such rights and obligations to a successor in interest to the
Property which assumes all obligations of the OWNER under this MOU.
Notwithstanding the foregoing, this MOU shall be binding upon and inure to the
benefit of and he enforceable by and against the parties hereto and the
OWNER's successors (including any direct or indirect successor by purchase,
merger, consolidation, or otherwise to all or suhstantially all of the business
and/or assets ofthe OWNER) and assigns, as well as OWNER's spouses, heirs,
and personal and legal representatives.
c. Severabilitv and Construction. Nothing in this MOU is intended to require or
shall be construed as requiring the OWNER to do or fail to do any act in
violation of applicable law. The OWNER's inability, pursuant to a court order,
to perform its obligations under this MOU shall not constitute a breach ofthis
MOU. In addition, ifany portion of this MOU shall be held by a court of
competent jurisdiction to be invalid, void, or otherwise unenforceable, the
remaining provisions shall remain enforceable to the fullest extent permitted by
applicable law. The parties hereto acknowledge that they each have
opportunities to have their respective counsels review this MOU. Accordingly,
this MOU shall be deemed to be the product of both of the parties hereto, and no
ambiguity shall be construed in favor of or against either of the parties hereto.
d. Countemarts. This MOU may be executed in two counterparts, both of which
taken together shall constitute one instrument.
e. Governing Law. This MOU and all acts and transactions pursuant hereto and the
rights and obligations of the parties hereto shall be governed, construed and
interpreted in accordance with the laws of the State of Cali fomi a., without
giving effect to conflicts of law provisions thereof.
f. Notices. All notices, demands, and other communications required or permitted
under this MOU shall be made in writing and shall be deemed to have been duly
given if delivered by hand, against receipt, or mailed, postage prepaid, certified
or registered mail, return receipt requested, and addressed to the OWNER at:
MOLi lor Area Gas Slation
Page 5 of6
Ml'morandulll of lrnd~rslilndin~
S[lC'lJSD and SBMWD
Contract No. 08109-784-0027 POA
Inland Center Drive Service Station, LP
224 S. Joy Street
Corona, CA 92879
Phone: (951) 280-3833 Fax: (951) 280-3832
Attention: Hagop Kofdarali
and to DISTRICT at:
San Bernardino City Unified School District
777 N. F Street
San Bernardino, CA 92410
Phone: (909) 381-1238 Fax: (909) 885-4218
Attention: Wae! Elatar, Facilities Administrator
12. Entire Al!reement. This MOU constitutes the entire agreement and supersedes all prior
agreements and understandings, both written and oral, between the parties with respect to the
subject matter hereof
OWNER
INLAND CENTER DRIVE SERVICE
STATlON,LP
DISTRICT
SAN BERNARDINO CITY UNIFIED
S OOL DISTRICT
~~/7 ~-<.J2'
Signature
/Iq~of f,of?ara/i, !NlJerd l6r!"ef
Name ana Title
1!/;.-;/u9
S nature
Mohammad Z. Islam, Chief Business &
Name and Title Financial Officer
Date
\{ ,.. 2- ! -0 1
Date
Board Dlile. 4nl09
MQU fOf ^fCO Gas S\a\ion
Page6of6