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HomeMy WebLinkAbout10- Development Services 4RiGWAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Request for reconsideration of the denial of Conditional Use Permit (CUP) No. 07-04 to establish a gas station, car wash, mini-mart with Type 20 Alcoholic Dept: Development Services Beverage Control (ABC) license, 2 drive-thru restaurants and Tentative Parcel Map (TPM) No. 19162 Date: August 5, 2009 to create 3 parcels on 2.1 acres at the northeast comer of Inland Center Drive and "I" Street and Development Code Amendment (DCA) No. 08-02, an ordinance to revise location standards for convenience stores and ABC licenses. MCC Date: August 17, 2009 Synopsis of Previous Council Action: 07/06/09 Mayor and Common Council denied the subject proposal. Recommended Motion: 1. That the Mayor and Common Council reconsider the July 6, 2009 denial of DCA No. 08-02, CUP No. 07-04 and TPM No. 19162; and 2. That the hearing be closed and that the Mayor and Common Council approve DCA No. 08- 02, revised to omit proposed revisions to ABC license location criteria, based on the recommended Findings of Fact and lay over the ordinance for final adoption; and 3. Approve CUP No. 07-04 and TPM No. 19162 based on the recommended Findings of Fact and subject to Conditions of Approval revised to omit provisions for alcoholic beverage sales and the standard requirements contained in the Planning Commission staff report. Alternative Motion: That the Mayor and Common Council deny the rree'quest for reconsideration. AWL(,[/ V 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: Ir n�l�� ^T� OAJ • �-13I Agenda Item No. /0 I?— Y-0� CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Request for reconsideration of the denial of 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 corer of Inland Center Drive and"P' Street and Development Code Amendment (DCA) No. 08-02, an ordinance to revise location standards for convenience stores and ABC licenses. Owner/Annficant: Inland Center Drive Service Station, L.P. c/o: Jack Kofdarali,President 224 South Joy Street Corona,CA 92879 (951)280-3833 Project Description: The project site is located at the northeast corer of Inland Center and "I" Street, adjacent to the Inland Center Drive interchange with I-215 (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. TPM No. 19162 is proposed to consolidate nine existing parcels into three parcels that conform to the site development plan. Original Development Code Amendment Request The development application, CUP No. 07-04, was filed with a request for a Type 20 ABC license, to permit retail sales of beer and wine. The project site is across the street from the grounds of Urbita Elementary School, which fronts on "J" Street. Establishment of a mini-mart with a Type 20 ABC license presented conflicts with two sections of the Development Code: §19.06.030(2)(F)(4), which prohibits convenience stores less than 1,000 feet from a school and §19.06.030(2)(B)(1) which prohibits ABC licenses within 500 feet from any school, religious institution or park. Development Code Amendment (DCA) No. 08-02 was proposed to allow exceptions to the stated distance requirements, based on site-specific design features, buffering, operating requirements and other mitigating factors identified through the Conditional Use Permit(CUP)process,under the authority of the Planning Commission. Background: The project has been under review since early 2007. Extensive coordination with Caltrans was required due to the I-215 widening project, affecting the Inland Center Drive frontage of the project site. The project was considered as an example convenience store proposal by the Legislative Review Committee (LRC) in its review of DCA No. 08-03, another Development Code Amendment proposal that addressed prohibited uses, convenience stores and ABC licenses. The proposed project does not conflict with §19.06.025, Prohibited Uses, so the 2 applicant pursued DCA No. 08-02 independently, for consideration of the limited amendments required for approval of the proposed project. The applicant also entered into a Memorandum of Understanding (MOLT) with the San Bernardino City Unified School District (District) which outlines numerous conditions of approval included in the CUP to maintain compatibility between the project site and the existing school, and states that the District will not object to approval of the CUP. After a lengthy public hearing and discussion of the proposed project, including the proposed DCA and potential impacts on the adjacent school site, the Mayor and Common Council denied DCA No. 08-02, CUP No. 07-04 and TPM No. 19162 on July 6, 2009. Request for Reconsideration Section 19.52.140 of the Development Code provides for an applicant to request reconsideration of a decision if there are new or additional facts that may affect the original action of the review authority. Considering the concerns stated by the Council in the July 6, 2009 public hearing, the applicant decided to eliminate the ABC license request from the proposed project, and filed a Request for Reconsideration of the denial of DCA No. 08-02, CUP No. 07-04 and TPM No. 19162 (Exhibit 2). The new information offered for consideration is the applicant's proposal to eliminate the request for a Type 20 ABC license and to modify DCA No. 08-02 to eliminate any revision to ABC license location criteria. Financial Impact: None. The applicant has paid applicable processing fees. Recommendation: Staff recommends that the Mayor and Common Council reconsider the project based on the applicant's proposal to operate the gas station mini-mart with no alcoholic beverage sales. This would limit the Development Code Amendment required to approve the project to §19.03.060(2)(F)(4) which prohibits convenience stores less than 1,000 feet from any school. Staff recommends approval of the proposal as amended, and has revised the Findings of Fact for approval of the project (Exhibit 3) and Conditions of Approval as presented to the Planning Commission(Exhibit 4)to omit references to alcoholic beverage sales. Recommended Motion: 1. That the Mayor and Common Council reconsider the July 6, 2009 denial of DCA No. 08-02, CUP No. 07-04 and TPM No. 19162; and 2. That the hearing be closed and that the Mayor and Common Council approve DCA No. 08- 02, revised to omit proposed revisions to ABC license location criteria, based on the recommended Findings of Fact and lay over the ordinance for final adoption; and 3. Approve CUP No. 07-04 and TPM No. 19162 based on the recommended Findings of Fact and subject to Conditions of Approval revised to omit provisions for alcoholic beverage sales and the Standard Requirements contained in the Planning Commission staff report. Alternative Motion: That the Mayor and Common Council deny the request for reconsideration. 3 Exhibits: 1. Location Map 2. Request for Reconsideration of the July 6, 2009 Council Action 3. Revised Findings for Approval of the project without the ABC license 4. Revised Conditions of Approval, omitting provisions for alcoholic beverage sales 5. July 6,2009 Request for Council Action 6. Ordinance 4 EXHIBIT 1 LOCATION MAP -Aa PROJECT: Conditional Use Permit No. 07-04, Tentative Parcel Map 19162 NORTH MAYOR & COMMON COUNCIL HEARING DATE: 08/17/09 Urbita JEFFERSON, �� Elementary `% fG GR i NT Project Site SC," m ( i \.'0 GO -'A' (C)Cityof San Bernardino � f ott EXHIBIT 2 INLAND CENTER DR. SERVICE STATION, LP 224 S. Joy Street Corona, CA 92879 Phone: 1-951-280-3833 Fax: 951-280-3832 July 13, 2009 City of San Bernardino 300 North D Street San Bernardino, CA Dear Mayor& Common Council: Inland Center Dr. Service Station, LP,would like to request a reconsideration of Conditional Use Permit (CUP)No. 07-04 and Tentative Parcel Map (TPM)No. 19162 and would like to offer additional information that may affect the decision made by Mayor and Common Council to deny the application on July 6, 2009. We would like to amend the Conditional Use Permit application to exclude the ABC license request, and to proceed with the application to establish a Gas Station, Car Wash, Minimart, Drive-thru restaurant, Coffee Shop and Tentative Parcel Map. We would also revise our Development Code Amendment proposal accordingly to modify only Section 19.06.030 (2)(17)(4)• - Sincerelly�e(a�w Q� �L Hagop Kofdarali I EXHIBIT 3 FINDINGS OF FACT Development Code Amendment(DCA)No. 08-02: 1. The proposed amendment is consistent with the General Plan. The proposed Development Code Amendment (DCA) would modify a standard 1,000-foot separation requirement between existing school sites and proposed convenience stores by providing for exceptions to be considered through the Conditional Use Permit (CUP) review process. The prescribed 1,000-foot separation is intended as a buffer to protect the school site from potential negative impacts of a convenience store. DCA No. 08-02 proposes case-by-case review, site design analysis, consideration of mitigating factors and security and management requirements through the CUP process as an alternative to the standard separation requirement. Providing this option for site-specific land use planning in consultation with the affected school district authorities would provide flexibility to achieve results compatibility equal to or superior to the result of the 1,000-foot separation standard, 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." Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infiil of new development and revitalization of existing development." Policy 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." Policy 2.8.3: "Encourage projects to incorporate Crime Prevention Through Environmental Design (CPTED) and defensible space techniques to help improve safety." 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The proposed amendment would provide the opportunity to substitute site-specific project review and land use analysis of the CUP process for one-size-fits-all location standards currently specified in the Development Code for establishment of a convenience store in proximity to an existing school in the City. The CUP process would include consultation with the affected school authorities and review by the Planning Commission to identify appropriate measures to ensure land use compatibility in particular cases. The Planning Commission may still require a 1,000- foot separation and/or other mitigation to ensure compatibility with the existing school site. Therefore, the proposed Development Code Amendment serves the public interest and would not be detrimental to public health, safety, convenience or general welfare. 1 EXHIBIT 3 Conditional Use Permit(CUP)No.07-04: 1. 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 land use, consisting of a gasoline service station, convenience store, car wash and two restaurants, is conditionally permitted in the CG-1, Commercial General land use district. Convenience retail goods and services are compatible with the existing commercial uses on Inland Center Drive, and would be consistent with typical land uses adjacent to major freeway access points. Subject to approval of the associated Development Code Amendment No. 08-02, the project complies with applicable provisions of the Development Code, as illustrated in the Planning Commission Staff Report. Therefore, the project would not impair the integrity and character of the CG-1 land use district. 2. The proposed use is consistent with the General Plan. Table LU-1 of the General Plan describes the CG-1, Commercial General Land use district as allowing "Local and regional serving retail, personal service, entertainment, office, and related commercial uses." General Plan 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." General Plan Goal 5.7 encourages the development of "attractive and safe commercial, office, and industrial projects that are creatively designed..." The design of the proposed project, combined with improvement requirements and operating standards in the conditions of approval, would ensure a high standard of quality and compatibility with surrounding land uses, including the nearby school. The project would provide convenient services to freeway motorists, people who work in the area and residents of the surrounding neighborhood. Therefore, the project, as proposed for approval, is consistent with the General Plan. 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 proposed project is exempt from review requirements of the California Environmental Quality Act (CEQA) under Section 15332 for infiil development projects. The Development/Environmental Review Committee (D/ERC) evaluated the project site and development plans to confirm that the CEQA exemption is applicable, in compliance with procedures set forth in the Development Code. 4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. 2 EXHIBIT 3 No potentially significant negative impacts on the environment or on natural resources were identified by the D/ERC in the review of the proposed project. The project site is disturbed, and is located adjacent to a major transportation corridor in an urbanized area characterized by a variety of similar urban land uses. All infrastructure required to provide access and utilities and existing public services are available to serve the project site. Construction of the proposed project would constitute urban infill development, with no significant 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, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. The proposed project would be compatible with the existing and future land uses in the surrounding area. The commercial uses proposed by the project are similar to the existing commercial uses on Inland Center Drive, and subject to approval of the proposed Development Code Amendment regarding the prescribed distance between convenience stores and schools, the project would comply with applicable provisions of the Development Code. The project design, together with required off-site improvements, would enhance pedestrian safety. Proposed operating characteristics and other operating requirements in the conditions of approval would maintain compatibility with the nearby elementary school. Noise, traffic and other potential conflicts between the project and the school have been considered by the School Board, which recommended approval of the project. The Valley College Neighborhood Association also endorsed the project. Therefore, the location, size design and operating characteristics of the proposed project would be compatible with the surrounding area and would not be detrimental to the public interest,health, safety,convenience or welfare. 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 site development plan complies with applicable standards of the Development Code, including parking and landscaping requirements and architectural design guidelines. Therefore, the site is physically suitable for the proposed service station,mini-mart, car wash 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 safety. The site is located in an urbanized area, at the intersection of a major arterial and a secondary arterial street, adjacent to an interstate freeway. A full range of utilities and public services are available to serve the site, with no resulting detrimental impact on public health and safety. 3 EXHIBIT 3 Tentative Parcel Map No. 19162: 1. The proposed subdivision is consistent with the General Plan. General Plan 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." is supported by General Plan Policy 2.4.4, which states: "Protect large parcels that front onto freeways and commercial corridors from subdivision into smaller parcels." The proposed Tentative Parcel Map No. 19162 would consolidate nine small parcels to create three larger parcels suitable for strategic infill commercial development adjacent to a key freeway off-ramp, consistent with the stated General Plan goal and policy. 2. The design of the proposed subdivision is consistent with the General Plan and Development Code. I 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 subdivision design standards of the Development Code, as outlined in the Planning Commission Staff Report, Tentative Parcel Map No. 19162 is consistent with the General Plan and 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 Tentative Parcel Map No. 19162 and the related commercial development plan. The lots proposed by Tentative Parcel Map No. 19162 conform to subdivision design and development standards of the CG-1, Commercial General land use district. Each proposed parcel would contain the standard lot area for the CG-1 district and would have access to a public street and all utilities and services necessary to support commercial development. Therefore, the site is physically suitable for 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 in the configuration proposed by Tentative Parcel Map No. 19162. There are no physical constraints that would preclude subdivision and/or development of the project site as proposed. 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 wildlife or their habitat. No significant adverse effects on environmental quality or on natural resources, including fish or wildlife habitat are anticipated to result from approval of the proposed Tentative Parcel Map. The proposed subdivision would reduce the number of parcels on the site from nine to three, and facilitate access to the individual parcels. The site is disturbed, is served by existing 4 EXHIBIT 3 infrastructure, and is surrounded by urban land uses, which qualifies the related development for exemption from the California Environmental Quality Act (CEQA) as an infill development project. The Development/Environmental Review Committee (D/ERC) reviewed the project plans and the project site, and did not identify any potentially significant impacts that would result from approval of Tentative Parcel Map No. 19162 or the related development project. 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 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 "P' Street. Existing utilities and public services are available to serve the project site and ensure continuing maintenance of public health and safety. 7. The design of the proposed subdivision and related improvements will not conflict 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 right-of-way dedication 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. 5 EXHIBIT 4 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"P' Street and Inland Center Drive in the CG-1, Commercial General land use district. The proposal includes Tentative Parcel Map No. 19162 to consolidate nine existing parcels into three. Approval of the convenience store on the subject property relies on approval of Development Code Amendment(DCA)No. 08-02. 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 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: August 17,2011 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. EXHIBIT 4 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 for any costs and attorney's 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"attorney's 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 101/6 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. EXHIBIT 4 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. Non- compliance with screening and sign regulations may delay the issuance of a Certificate of Occupancy until compliance is verified. Any exterior equipment, utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by walls, structural elements and/or landscaping,blending with the building design,per §19.20.030(21). 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. Signs/banners 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 of litter 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. Prior to any modification of building colors or other exterior finish materials from the current proposal and improvement requirements, the revised color scheme and/or substitute finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 14. All exterior lighting shall be energy efficient with the option to reduce usage when the facility is closed. Electric signage may be required to be turned off when the businesses are closed. 15. Security gates/bars, 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. 16. Barbed wire, razor wire, and/or concertina wire shall not be permitted on-site. EXHIBIT 4 17. 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. 18. Music/operational noise shall not be audible beyond the property boundaries. 19. 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. 20. Any public telephones shall be located inside the building(s) and shall be fixed for outgoing calls only. 21. Automatic teller machines, if provided, shall be located inside the building(s). 22. A bicycle rack shall be installed in a convenient location on the convenience store site. 23. A public restroom shall be provided inside the convenience store. 24. Video games shall not be installed or operated on the premises of the convenience store. 25. Sales of adult material, including but not limited to magazines, videotapes, DVD and/or films, shall be prohibited. 26. 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. 27. No 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. 28. Video cameras shall be mounted inside the premises in such a position as to be visible to patrons, yet not accessible by reach. 29. The applicant or property owner shall post and maintain professional quality signage prohibiting loitering and open alcoholic beverage containers on the premises. 30. No benches, newspaper racks, or other objects that tend to encourage loitering shall be maintained on the premises. 31. No vending machines or merchandise shall be displayed outdoors. EXHIBIT 4 32. 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. 33. 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. 34. 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. 35. This approval is also subject to Attachment D to the April 21, 2009 Planning Commission Staff Report, the conditions or requirements of the following City Departments or Divisions: a. Development Services Department-Public Works/Engineering b. Development Services Department-Building/Plan Check Division C. Fire Department d. Water Department C. Public Services Department ***End of Exhibit 4*** EXHIBIT 5 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director 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 Dept: Development Services restaurants and Tentative Parcel Map (TPM) No. 19162 to create 3 parcels on 2.1 acres at the northeast corner of Date: June 16, 2009 Inland Center Drive and "P' Street in the CG-1, 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. 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. KI A_ '&. 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. 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-thm restaurants, Tentative Parcel Map (TPM) No. 19162 to create 3 parcels on 2.1 acres at the northeast comer of Inland Center Drive and "P' Street in the CG-1, 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. c/o: Jack Kofdarali, President 224 South Joy Street (951)280-3833 Corona, CA 92879 Project Description: The project site is located at the northeast corner of Inland Center and "P' Street, adjacent to the Inland Center Drive interchange with 1-215, currently under construction in conjunction with the I-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 "P' Street, north and west of the project site, oriented with its frontage on "J" 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 §19.06.030(2)(F)(4), which prohibits convenience stores less than 1,000 feet from a school and §19.06.030(2)(B)(1), 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. Backaround: 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 with§19.06.025, 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, TTM No. 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 Conte, Longville and Mulvihill voted against the motion. Commissioners Dun, 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. Findin¢s 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 of Urbita Elementary School. Therefore, approval of CUP No. 07-04 would conflict with §19.06.030(2)(F)(4) and §19.06.030(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 Impact: None. The applicant has paid applicable processing fees. Exhibits: 1. 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 PROJECT: Conditional Use Permit No. 07-04, Tentative Parcel Map 19162 NORTH MAYOR & COMMON COUNCIL HEARING DATE: 07/06/09 I - L-) A Urbita JEFFERSON Elementary GRANT �Q I Project Site SC . GOv, N F� (C)Can Bernardino 0 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 AGENDA ITEM: 2 HEARING DATE: April 21, 2009 WARD: 3 APPLICANT: OWNER: Ino Cruz, for Hagop Kofdarali J & R Oil 224 South Joy Street 224 South Joy Street Corona, CA 92879 Corona,CA 92879 (951)280-3833 (951) 280-3833 REQUEST/LOCATION: 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-thm car wash on approximately 2.1 acres located at the northeast comer of Inland Center Drive and "P' Street in the CG-1, 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/OVERLAYS: Freeway Corridor Overlay District,Potential Ground Subsidence, Liquefaction Susceptibility ENVIRONMENTAL FINDINGS: ❑ Not Subject to CEQA ® Exempt, Section 15332—Infill Development ❑ No Significant Effects ❑ Potential Effects STAFF RECOMMENDATION: ® Approval ® Conditions ❑ Denial ❑ Continuance to: CUP No. 07-04,&TPM 19162, DCA No. 08-02 Hearing Date:April 21,2009 Page 2 PROJECT DESCRIPTION The project site is located at the northeast comer of Inland Center Drive and "P' Street, in the CG-1, 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 §19.36.050, §19.66.150 and §19.06.030(2)(B), (F) and (I). 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-thin 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 2.1-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. Surrounding Zoning and Land Use: Existing Land Use General Plan Designation Site Vacant Parcels CG-1, Commercial General North Vacant Parcels IL, Industrial Light South Automotive Service and Repair CG-1, 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 QUALITY ACT(CEQA) The development project is recommended to be found exempt from CEQA, under section 15332, for infill 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 Development/Environmental Review Committee (D/ERC) 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 I-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 D/ERC 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)(7) — 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 mile 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: §19.03.030(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 963 3118196, MC 1210 715106 §19.03.030(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 1041211199 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 premises 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 Q. The project complies with the CG-1, 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% (MZOR N/A Landscape Coverage: 24% N/A Setbacks: - Front loft N/A - Street Side loft - Freeway ROW 100+ft - Rear 5 ft Building Height(ft): 25ft (MaxN/A CUP No. 07-04,&TPM 19162, DCA No. 08-02 Hearing Date:April 21,2009 Page 5 Parking Requirements: Type o Building Spaces Spaces Area yp f Use Parking Ratio Requirements Required Provided Convenience Store 2,900 sq.-ft. Retail Commercial (Convenience store)— 12 15 1 space for each 250 sf. of gfa. 1 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 1 space for each pump island,plus 1 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. 1. 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, convenience 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 LU-1 of the General Plan describes the CG-1, 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, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. The 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-thm 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 safety. 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-1, Commercial General land use district. The CG-1 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-1 land use district as intended for the development of regional and neighborhood serving commercial development, under §19.06.010. The proposed subdivision will facilitate commercial development consistent with the CG-1 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 wildlife 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:April 21,2009 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 "P' 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 conflict 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." Policy 2.2.10: "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." Policy 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 Council or to combine with the broader Code amendment currently under review, DCA No. 08-03. RECOMMENDATION Staff recommends that the Planning Commission: 1. 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, Terri Rahhal,�i�`L/ Deputy Director/City Planner CUP No.07-04,&TPM 19162,DCA No.08-02 Hearing Date: April 21,2009 Page 10 John uendo Assi t Planner Attachment A: Location Map Attachment B: Site Plan/Parcel 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 CITY OF SAN BERNARDINO PROJECT: Conditional Use Permit No. 07-04, Tentative l Parcel Map 19162 SUB 08-14 PLANNING DIVISION NORTH LOCATION MAP LAND USE DISTRICTS HEARING DATE: 04/21/08 ji ii E. urbita JEFFE N ,O Flementar.,N a��Q Gil Project Site SG+ M Fy {G 0 f San Bernardino O YO ONIQNYNOS NVS ATTACHMENT B avz-evx nsz :a 133HIS 19 3AItlo J31N3b ONvim BMN nooaz nzz;nano dl'WIVIS 3OIA93S UG 1131N33 01YW SISVNV1d MUS - Y1 ggggggggg a .ysi E� II!!1 4 3. w 11141 1 4 ig � epiet Y i a f{£k ��Ayy95'�y 3 g'ia' W W 9 $$d. d { t E..If G.fs It J rec(d 6 [I<��g• i N C dda E to $ it, ttp11g,5111$ �tC$d �$�$6']] �' �I �0C f0 :[ip i5�1Pe W R 1 \ �la ,{ _ li �N \ \v O $ SI t{ ! s W ' 3AIb (7 01 *� \ y \y O • W c ' I cc w \ \ I i Z ll W II U e ZQ .. 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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). **�**:�a*s*ra*�:r*sr*tss*r.as����*�r s*s+:a**��*sr���*•r�*asrsa*�e�sr**s****a+�** 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(TYM 20, off-sale beer & wine and Type 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 Type 20 "ABC" off-sale licenses may be considered on a case-by-case basis through the Conditional Use Permit process and subject to a determination of Public Convenience or Necessity y the Mayor 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 CODIr1ERCIAL 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 *tr*r*ra**+r a•*�*•***rrsss��r•t*s►r**rr*r***•**er•**:t*trr*��**:****rya*�*wts�r 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: 1. 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 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. Exceptions to the 1,000 foot distance from schools may be considered on a case by case basis through the Conditional Use Permit process, considering mitigating factors of circulation patterns, security and management plans and subject 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). II-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. 11. 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 call out 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(PCC)concrete. U-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"P' Street and Inland Center Drive in the CG-1, 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 Berardino (City), the Economic Development Agency of the City of San Berardino (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 bearing 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. Signs/banners 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 of litter 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 finish 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 gatesibars, 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, if provided,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 1:00 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 1:00 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. **No 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. **No 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. **Wine shall not be sold in bottles or containers smaller than 750 ml. 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. **No 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. **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. **No 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. **The applicant or property owner shall post and maintain professional quality signage prohibiting loitering and open alcoholic beverage containers on the premises. 52. **No 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. **Signs 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. **No clerk shall make any sale of alcoholic beverages unless the clerk executes under penalty of perjury 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 fmal 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 Works/Engineering 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. Drainage 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 shop, drive-thru restaurant and a gas station/convenience store with a drive-thru car wash on approximately 2.1 acres of land. Case No. CUP 07-04 Page 2 of 12 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.sbcity.org— 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.sbcity.org — 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. Grading and Landscaping 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. I hl-, I."I I I,"d Ogn,"C!"I I )ro] 1cIting I ;n ',,I1 0 1 K I I Cp U 64 In t,nd(t otu I JI 1)k1 1aa Project:A request to construct a multi-tenant center that will include a drive-thru coffee shop, drive- restaurant,and a eas station/convenience store with a drive-thru car wash on approximately 2.1 acres of land. Case No.CUP 07-04 Paae 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 25. 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. i 111,],1, rid ,aiinos Ouucndo lo.l 3CJJ 1d1111psl nponrrvinlnnrI,l,,01 K113( I,PU?-u4 Iniund t'cm,r I JI I?I31do[ Project A request to construct a multi-tenant center that will include a drive-thru coffee shop, drive-thin restaurant and a gas station/convenience store with a drive-thru car wash on approximately 2.1 acres of land. Case No.CUP 07-04 Page 4 of 12 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. 1) 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, C':'DAR UNCms,md SzUings',(klua�do_JnCL�xal Scltings`1'croporary lnlernci PilcsV)LKIB`.CUP U7-04 Inland Cono I SI-DBJ.doc nen.vnr, Project A request to construct a multi-tenant center that will include a drive-thru coffee shoo,drive- restaurant,and a gas station/convenience store with a drive-thru car wash on approximately 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 of operation, and • 0.25 foot-candles security lighting during all other hours. o) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. p) An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. 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-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a Landscape 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. If the transformer cannot be screened, it shall be located in an underground vault ..I.. ,,i ' m. .. I,l . 1 :ll. "I vllf I IT, l7_01n,.n.1( 11, _1 111 I.b., Project:A request to construct a multi-tenant center that will include a drive-thru coffee shop,drive- restaurant, and a gas station/convenience store with a drive-thru car wash on approximately 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. .:+nncnn Saw" Oqt ndo_;0 1..Deal Senmgc<I'emporars InicrIJ&Niles 01 K113(`UP n?-ud Inland Ccrndr 1 S1-DBLIoc Project: A request to construct a multi-tenant center that will include a drive-thru coffee shop drive- restaurant,and a gas station/convenience store with a drive-thru car wash on approximately 2 1 acres of land. Case No.CUP 07-04 Page 7 of 12 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. Mapping 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. Proiect A request to construct a multi-tenant center that will include a drive-thru coffee shoe,drive-thm restaurant and a pas station/convenience store with a drive-thru car wash on annroxmmtely 2.1 acres of land. Case No. CUP 07-04 Pape 8 of 12 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 Riaht of Wav(ft.) Curb Line(ft) Inland Center Drive Existing Existing "I" Street 88' Existing ian,n;c n:nl 1111in11iO(JLIJlHIU .kr1 Icii S.ni n;sl2niporap hawri m I f)7 04 Inluad Amer I J1-[,tl A-w Project 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. Case No.CUP 07-04 Page 9 of 12 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. Phasing 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. .d_ 1.. ... . ....... i. .. :-[' ,v " ' i' IP,i,n d e,l...,d( ,.1 Imo; - I1ltl ilna Proiect A request to construct a multi-tenant center that will include a drive-thru coffee shop, drive- restaurant, nd a eas station convenience store with a drive-thru car wash on approximately 2 1 acres of land. Case No.CUP 07-04 Pase 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 Engineering 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), ( ?6gcunml n and JCt mj1l Ogrcnt10-J6I_Ical"Clungn'.I mponary hticrnot Hics\OI Fl H':COP(17-04 htland Ccnto 1 a-DrUdoc 011 11,01) Project: A request to construct a multi-tenant center that will include a drive-thru coffee shop, drive- restaurant, and a gas station/convenience store with a drive-thm car wash on approximately 2.1 acres of land. Case No. CUP 07-04 Page 11 of 12 • 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 hftp://www.sbcity.org 9. Required Engineering 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 Engineering 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 wiaeiI(I. i ,,,tin),Oco ldo lo o,s]S, Inw, IQn oe)';,n I ei I il,s 01_h. 13't GP 0I-0[ 1 fluod(',an.r l SI Dkldo, Project: A request to construct a multi-tenant center that will include a drive-thin coffee shop,drive- restaurant,and a gas station/convenience store with a drive-thru car wash on approximately 2.1 acres of land. Case No.CUP 07-04 Page 12 of 12 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.sbcity.org 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 Requirements a) The developer is responsible for obtaining legal access across the Caltrans property along Inland Center Drive from Caltrans prior to any use thereof. C Documcnu kind Seuin±es-f)yuardo_JnlLucat Seningss\Ten4mury Inlemet Fibs 01:K18`:OR 07-03 hiland Cow, 1 Sk-DBJ.doc n,;i nxrc1 CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case: (',,e 07.04 Date: Reviewed By: GF,24 GENERAL REQUIREMENTS: Ff Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan check. Contact the City of San Bernardino Fire Department at(909)384.5585 for specific detailed requirements. The developer shall provide for adequate fire flow.Minimum fire flow requirements shall be based on square footage,construction features,and exposure information supplied by the developer and must be available prior to placing combustible materials on site. WATER PURVEYOR FOR FIRE PROTECTION: The fire protection water service for the area of this project is provided by: San Bernardino Municipal Water Department—Engineering (909)384-5391 East Valley Water District—Engineering (909)888.8986 ❑ Other Water purveyor. Phone: \PUBLIC FIRE PROTECTION FACILITIES: EXrJl yA/Gr vIJAc< BE UF7DA7'C,0 /G NOT C-OMPLYiN<y Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and multi-residential areas and at intervals not to exceed 500 feet for residential areas. IGt 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 hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residential areas. Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Department in conjunction with the water purveyor. Fire hydrant materials and installation shall conform to the standards and specifications of the water purveyor. Public fire hydrants,fire services,and public water facilities necessary to meet Fire Department requirements are the developer's financial responsibility and shall be installed by the water purveyor or by the developer at the water purveyor's discretion.Contact the water purveyor indicated above for additional information. ACCESS: Provide two separate,dedicated routes of ingress/ogress to the property entrance.The routes shall be paved,all weather. Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface of not less than 20 feel of unob- structed width. Extend roadway to within 150 feet of ull portions of the exterior wall of all single story buildings. Extend roadway to within 50 feet of the e-darior wall of all multiple-story buildings. Provide"NO PARKING"signs whenever parking of vehicles would possible reduce the clearance of access roadways to less than the required width. Signs are to read"FIRE LANE--NO PARKING-- M.C.Sea 15.16". ❑ Dead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround. ❑ The names of any now streets(public or private)stall be submitted to the Fire Department for approval. SITE: All access roads and streets am to be constnxted and usable poor to combustible construction. Private fire hydrants shall be installed to pro43ot each building located more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any exterior wall.The hydrants shall be Wet Barrel type,with one 2h inch and 4 inch outlet,and approved by the Fire Department. Areas adjacent to fire hydrants shall be designated as a"NO PARKING"zone by painting an 0 inch wide,red stripe for 15 feet"m each direction in front of the hydrant in such a manner that it will not be blocked by parked vehicles. 1-ottenng:o be in white 6-by;h". 45v,6m PT 70 rlAg BUILDINGS: j Address numerals shall be msralled on thu buJa?ng at the front ur other approved location in such a manner as to be visible from the frontage street.Com- mercial and multi family address namemis shall be 6 inches tell,sirg;e family address numerals shall be 4 inches tall.The color of the numerals shall can- treat with the color of the background. Identify each gas and electric meter with file ..umfvr of the ut it k serves. Fire extinguishers must be installed prior to the building twiny occupied. The minimum rntiug for•.ny fire extinguisher is 2A 1081C. Minimum distribution of fire extinguishers must be such that no irasricr pan of the building is over 75 fast travel fistamr,:mm a i;m extinguisnar. ❑ Apartment houses with 16 or more units, ho:ets(rTofals)•.Nth 20 or mono onus,or aparbrents or h•Nels(motels)three stories or more in het ht shall be equipped with automatic tire sponkLt;Ilslllode to NFPA standards. g ❑ All buildings,over 5,000 square feet,sh Jl De,equipporl .A All an autcsn.;tic fire sprinker system cosigned to NFPA standards. This includes existing buildings vacant over 365 days. Submit plans for the fire protection s/stean tc lho Fire Department P11000 begiilning runstruc%n of file cyslem.Permit required. Tenant improvements in all.prinklered'cWki':-gs aye to oe approved by the Fire Department prier to start of construction.Pernit required. ❑ Provide fire alarm(required throuUhnur,.PI. rm„st he approved oy the File Department odor to,tart of installation.Permit required ❑ Fire Department connection to eprinkler sy:;t.,nvslarvlpipa system,shall be required at Fire Dup ment approved location. Fire Code Permit required,apply al 2.;J east 3rd street,(969);184.5328.Q 3S,eN84 (YAF U/ArT�r7� Fire Sprinkler monitoring required. Hai s mast he-approved by the Fire Department prior(o he start of construction.Permit required. ❑ Occupant Load. Note:The applicant must request,in writing: any rr.^nges:o Flra Department requirements., ADDITIONAL INFORMATION: Vroo. �.Y--I_`L_i�?Q _ .. . .. _ SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STANDARD REQUIREMENTS DRCIERC Case: CONDITIONAL USE PERMIT NO.07-04 APN NUMBER: 141-191-12 thru 20 EPN NUMBER: - DATE COMPILED: 1115/2008 REVIEW OF PLANS: COMPILED BY: Brunson,Ted OWNER: Hagop Kofdarau DEVELOPER: Ino Cruz TYPE OF PROJECT: A request to construct a multi-tenant center with a drive-thru coffee shop,drive-thru restaurant,and a gas station /convenience store with a drive-thru car wash on approx. 2.1 ac located at the NE corner of"I"St&Inland Center Dr. in the CG-1 NUMBER OF UNITS: 0 LOCATION: Northeast corner of"I"Street and Inland Center Drive WATER DEPARTMENT ENGINEERfNG: 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"Cl in T'SL,6"Cl in Inland Center Dr.,3"SB in alley Approximate Water Pressure 95 psi Elevation of Water Storage: 1249 Hydrant Flow @ 20psi: 2367 com R Type,Size, Location and Distance to Nearest Fire Hydrant 011-033 ❑ Water Supply Study Required J' Pressure Regulator Required on Customer Side of the Meter ❑ Of ite Water Facilities Required Water Main Reimbursement Due ❑Area Not Served by San Bernardino Municipal Water Department Network Hydraulic Analysis Required per Uniform Design Standards Comments: WATER QUALITY CONTROL CONTACT: Ardeta,Con PHONE NUMBER: (909)384-5325 FAX NUMBER: (909)384-5928 7 R.P.P.Backflow Device Required at Service Connection for Domestic Service Double Check Backflow Device Required at Service Connection for Fire and Irrigation J, Backflow Device to be Inspected before Water Service can be Activated No Backflow Device is required at this time SEWER CAPACITY INFORMATION CONTACT: Thomsen, Neil PHONE NUMBER: (909)384-5093 FAX NUMBER: (909)384-5592 Note:Proof of Payment Must be Submitted to the Building Safety Department Prior to Issuance of the Building Permit Sewer Capacity Fee Applicable at this time Sewer Capacity Fee must be paid to the Water Department for 0 Gallons Per Day: Equivalent Dwelling Units: 0 Subject to Recalculation of Fee prior to the Issuance of Building Permit '•— Breakdown Of Estimated Gallons Per Day COPY TO:Customer; Planning; Engineering Tuesday,January 15,2008 EPM Page 1 of 1 CONDITIONS I STREET/INLAND CENTER DRIVE(CUP#07-04) 1. 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 of litter 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, in quantities of less than six per sale, other than quart bottles. 11. 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 I. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and Industrial locations within the City shall be provided by the City of San Bernardino Public Services Department unless otherwise franchised or permitted. [MC § 8.24.140] 2. New accounts require a completed Service Application, with a full deposit and a copy of manuals for all compactor units, returned to the City of San Bernardino Refuse & Recycling Division prior to issuance of the final Certificate of Occupancy. 3. Shared refuse and recycling services for multi-tenant commercial sites shall be billed to a single owner or property manager; leases shall include terms to accommodate sub-metered services. 4. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly, and all other solid wastes shall be removed at least once weekly. ISB County Health, Sanitation and Animal Regulations § 33.0831 S. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City recycling services for maximum diversion within 30 days of opening business, pr establish an alternative diversion program to be identified in the IWM Survey for the project. i Automated Cart Service to Nonresidential Facilities 6. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet residential rather than commercial requirements. Service Vehicle Access 7. Projects shall meet City Engineering requirements for commercial vehicle drive access along the main ingress to and egress from enclosures. These requirements shaii not limit requirements for Fire vehicle access. 8. Property without through access shall incorporate at least one of the following designs: • A cul-de-sac with a 40-foot turning radius for a 32-foot vehicle length i • A hammerhead turn with a 40-foot turning radius for a 32-foot vehicle length Gated Access 9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services. Shared Collection Areas - Reciprocal Access 10. Front-load bin enclosures and roll-off compactor units may be shared across existing or proposed property lines if enclosures or equipment provide adequate capacity for anticipated refuse and recyclable materials generation, AND if Reciprocal Access for shared collection areas is recorded with the property. Roll-off Compactor Units 11. Sealed compactor units dedicated separately to refuse and recyclables may be required to be installed at rI2. acilities with an anticipated waste generation of 60 uncompacted cubic yards per week. oll-off compactor units must be installed according to manufacturer's and City Engineering specifications with he compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter or safe access. 13. Roil-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 C screening, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. City of San Bernardino Public Services Department Standard Development Requirements Page 2 of 2 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, i 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, ifsite wiiigenerate 1CVoriess of solid waste per week, see Residential Collection options.) Front-load Bin Enclosures &Access 17. Minimum double-wide enclosures of 8 feet by 15 feet shall be required for all development to allow for dedicated recycling bins, except where potential waste generation or space is restricted. [Specifications adopted in accordance with Model Ordinance as required by CA PRC §429111 18. Front-load compactor units must be contained in an enclosure large enough to hold the unit and one additional bin facing lengthwise. 19. Front-load bin and compactor enclosures must be constructed according to City Engineering Standard 508. Rear or side pedestrian entry shall be provided on enclosures for all multi-unit residential development. Pedestrian entry on free-standing enclosures shall have a 4-foot width, no gate or door, and an 'L' shaped block screen the same height of the enclosure. 20. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved, without crossing curbs, steps, or driveways. 21. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water. 22. Enclosures must be at least 5' from combustible walls, eave lines, or openings. 198 CA Fire Code g 1103.2.21 23. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures. All other equipment, fixtures, and materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus supplies are strictly prohibited. 24. Enclosures shall be buffered with landscaping when viewable from public right-of-way, and vegetation shall not restrict gates or exceed height of enclosure. Include vegetation on landscape plans. 25. Enclosures shall be located with gates aligned for straight access for service vehicles. 26. Enclosures shall not obstruct drive aisles, driveways, loading zones, parking, handicap access, or visibility of cross-traffic from drive aisles, alleys, or streets. Location shall not cause service vehicle to block access drives during while bins are being serviced. 27. Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to parking shall be separated by a minimum 2-foot wide curbed area out to the farthest point of both gates, and designed to safely restrict gates from opening into parking spaces or landscaped areas.. 28. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. Multi-unit Dwellings F29. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. T 1 I'4" B GE BLOCK 'MALLS, MIN. DIMENSIONS I GROUT ROUT ALL CELLS 9011U I BIN SIZE W L / 4 CY. 8'-0 81-8 L 4' 6" WD. BUMPER r/ 1/2"A.B. 2— 3 C Y. IS'— 8" 15 —0" L 2— 4 Cy. 8'—0 15 — 0" is -y 2 N0. 4 BARS d° 3 - AA 40. 4 BAR L _S a124' O.C. 4"96" WD. BUMPER - r/I/E"A.B. o1 I- NO. 4 BAR FLUSH WITH PAVEMENT 32"O C of 4 ATTACHMENT E S�� BER!���INa CITY TO ATTACHMENT E DISTRIBUTED TO THE PLANNING COMMISSION 4/21/09) UNIFIED SCHOOL DISTRICT 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 DRIVE SERVICE STATION ("OWNER"). The DISTRICT has been informed by the City of San Berardino ("CITY") that the Thirty-one(3 1)self-imposed conditions, herein attached, will be made part of the CITY's requirement for the approval of the CUP. Any action(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 MOU. If you have any questions or need additional information,please do not hesitate to contact me at Wael.Elatar a Sbcusd.com; or(909) 388-6107. Sincerely, Wael Elatar Facilities Administrator Facilities Management and Maintenance&Operations Department Enclosures FACILITIES MANAGEMENT DEPARTMENT 777 North F Street•San Bernardino, CA 92410 • (909)388-6107• Fax(909)885-4218 Wael.Elatar@sbcusd.com Contract No.08/09.764-0027 POA MEMORANDUM OF UNDERSTANDING For CONDITIONAL USE PERMIT OF ARCO AM/PM 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"DISTRICT"). 2. Effective Date. Effective April 15, 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. 1. 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 1:00 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 such person is in a motor vehicle. N40U Ibr Areo Gas Station Page 1 01'6 Memorandum of Understanding Contract No.08109-784-0027 POA SBCUSD and SnM WD g. There shall be no cups, glasses, or similar receptacles commonly used for the drinking of beverages, except for fountain 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. 1. No beer and wine will be displayed within five feet of the cash register or the front door, unless, it is in a permanently affixed 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 15% by volume except for"Dinner wines"which have been aged two or more years and maintained in corked bottles. 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 10 p.m. and 1:00 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 MOU for Arco Gas Station Page 2 of 6 Memorandum of Understanding Contract No. 08109-784-0027 POA SDCUSU and SBMWU sale an application and acknowledgement. The application and acknowledgement shall be in a form understandable to the clerk. 11. 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 premises 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. 111. 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 lot. MOU for Aroo Oas Station Page 3 of 6 Memorandum of Understanding Contract No. 08/09-784-0027 POA S13CUSD and S13M M Additionally, the position of such lighting shall not disturb the normal 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. In 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. M01 for Arco Gas Station Page 4 of 6 Memorandum of t Indcrslunding Contract No 08/09-784-0027 POA SUCUSD and SaMWD IL Miscellaneous Provisions. The following shall be made part of this MOU: 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 MOU 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 substantially all of the business and/or assets of the OWNER)and assigns, as well as OWNER's spouses,heirs, and personal and legal representatives. C. Severability 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 of this MOU. In addition, if any 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. Counterparts. 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 California., 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: MOU for Arco Gas Station Page 5 of 6 Memorandum of Undcrsnmding Contract No. 08109-784-0027 POA SBCUSD and SBMWD 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: Wael Elatar, Facilities Administrator 12. Entire Agreement. 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 DISTRICT INLAND CENTER DRIVE SERVICE SAN BERNARDINO CITY UNIFIED STATION,LP SCjHOQL DISTRICT �;� Signature f .}/ S nature / 'a v A wlea✓(.7/i Mid 6'141?]✓ Mohammad Z. Islam, Chief Business 5 Name and Title Name and Title Financial Officer Date Date Board Dam.4nlo9 MOU for Arco Gas Station Page 6 of 6 ORDINANCE NO. (COPY 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 2 HAPTER 19.06, COMMERCIAL DISTRICTS, SECTION 19.06.030(2)(F)(4) OF THE 3 AN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO OCATION CRITERIA FOR CONVENIENCE STORES. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 O ORDAIN AS FOLLOWS: 6 SECTION 1. Chapter 19.06, Section 19.06.030(2)(F)(4) relating to location criteria for 7 Convenience Stores is amended as shown in Attachment 1 attached hereto and incorporated 8 herein by reference. 9 10 SECTION 2. Severability. In the event that any provision of this Ordinance, or any part 11 thereof, or any application thereof to any person or circumstance, is for any reason held to be 12 unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its 13 face or as applied, such holding shall not affect the validity or effectiveness of any of the 14 remaining provisions of this Ordinance, or any part thereof, or any application thereof to any 15 person or circumstance or of said provision as applied to any other person or circumstance. It is 16 hereby declared to be the legislative intent of the City that this Ordinance would have been 17 18 adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 1 CHAPTER 19.06, COMMERCIAL DISTRICTS, SECTION 19.06.030(2)(F)(4) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO 2 LOCATION CRITERIA FOR CONVENIENCE STORES. 3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 4 Common Council-of the City of San Bernardino at a meeting thereof, held 5 6 on the day of 2009, by the following vote to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT g ESTRADA 9 BAXTER 10 BRINKER 11 SHORETT 12 KELLEY 13 14 JOHNSON 15 MC CAMMACK 16 17 City Clerk 18 The foregoing ordinance is hereby approved this_day of ,2009. 19 20 21 PATRICK J. MORRIS, Mayor City of San Bernardino 22 Approved as to form: 23 24 JAMES F. PENMAN City Attorney /� 25 26 By: i,� -j �ru✓��- 27 28 2 ATTACHMENT COMMERCIAL DISTRICTS - 19.06 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). 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: 1. 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 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. Exceptions to the 1.000 foot distance from schools may be considered on a case by case basis through the Conditional Use Permit process considering mitigating factors of circulation patterns security and management plans and subject to recommendations from the affected school district,only for convenience stores that do not sell any alcoholic beverages. 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). 7. All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 19.28 (Landscaping Standards). U-59 ATTACHMENT 1 COMMERCIAL DISTRICTS - 19.06 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. 11. 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(2)(0)(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 call out 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 (PCC)concrete. 11-60 ORDINANCE NO. i AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 2 CHAPTER 19.06, COMMERCIAL DISTRICTS, SECTION 19.06.030(2)(F)(4) OF THE 3 AN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO OCATION CRITERIA FOR CONVENIENCE STORES. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Chapter 19.06, Section 19.06.030(2)(F)(4) relating to location criteria for 7 onvenience Stores is amended as shown in Attachment 1 attached hereto and incorporated 8 herein by reference. 9 10 SECTION 2. Severability. In the event that any provision of this Ordinance, or any part 11 thereof, or any application thereof to any person or circumstance, is for any reason held to be 12 unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its 13 face or as applied, such holding shall not affect the validity or effectiveness of any of the 14 remaining provisions of this Ordinance, or any part thereof, or any application thereof to any 15 person or circumstance or of said provision as applied to any other person or circumstance. It is 16 hereby declared to be the legislative intent of the City that this Ordinance would have been 17 18 adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 19 20 21 22 23 24 25 26 27 28 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 1 CHAPTER 19.06, COMMERCIAL DISTRICTS, SECTION 19.06.030(2)(F)(4) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO 2 OCATION CRITERIA FOR CONVENIENCE STORES. 3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 4 5 Common Council-of the City of San Bernardino at a meeting thereof, held 6 on the day of 2009, by the following vote to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 BAXTER 10 BRINKER 11 SHORETT 12 KELLEY 13 14 JOHNSON 15 MC CAMMACK 16 17 City Clerk 18 The foregoing ordinance is hereby approved this_day of 2009. 19 20 21 PATRICK J. MORRIS, Mayor 22 Approved as to form: City of San Bernardino 23 24 JAMES F. PENMAN City Attorney 25 G 26 By: i,.4 . I ✓iii✓ e 27 28 2