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HomeMy WebLinkAbout11- Community Development CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Interim Director Subject: An Ordinance to amend Chapter 19.06 of the Development Code (DCA No. 10-07), to Dept: Community Development permit drive-thru restaurants in a specified area of the CR-2, Commercial Regional-Downtown Date: October 6, 2010 land use district and Conditional Use Permit (CUP) No. 10-15, a request to construct a 3,714 sq. ft. drive-thru restaurant at the southeast corner of 5th and "H" Streets, with Minor Exception (ME) No. 10-02 to permit a 10% height increase for a pylon sign. MCC Date: November 1, 2010 Synopsis of Previous Council Action: None. Recommended Motion: That the hearing be closed and that said ordinance be laid over for final adoption; and that CUP No. 10-15 and ME No. 10-02 be approved based on the findings of fact and subject to the conditions of approval and standard requirements in the Planning Commission Staff Report. Valerie C. Ross Contact person: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report& Ordinance Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: Acct. Description: Finance: Council Notes: Agenda Item No. /0-07 OFFICE OF THE CITY CLERK RACHEL G.CLARK-CITY CLERK 300 North"D"Street• San Bernardino •CA 92418-0001 909.384.5002•Fax:909.384.5158 San Bernar ino www.sbcity.org sM November 3, 2010 Mr. Kim Kennedy In-N-Out Burger 13706 Hamburger Lane Baldwin Park, CA 91706 Dear Mr. Kennedy: At the meeting of the Mayor and Common Council held on November 1, 2010, the following action was taken relative to an ordinance to amend Chapter 19.06 of the Development Code (DCA No. 10-07) to permit drive-thru restaurants in the CR-2, Commercial Regional- Downtown Land Use District; CUP No. 10-15 to construct a 3,714 sq. ft. drive-thru restaurant at the southeast corner of 5' and "H" Streets; and ME No. 10-02 to permit a 10% height increase for a pylon sign: That the hearing be closed; that said ordinance be laid over for final adoption; and that CUP No. 10-15 and ME No. 10-02 be approved based on the findings of fact and subject to the conditions of approval and standard requirements in the Planning Commission staff report. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, /,V. Rachel G. Clark, CMC City Clerk RGC:Ils pc: Community Development - Terri Rahhal EDA - Mike Trout CITY OF SAN BERNARDINO ADOPTED SHARED VALUES:Integrity •Accountability•Respect for Human Dignity•Honesty EXHIBIT 1 F F SAN BERNARDINO T: Development Code Amendment No. 10-07, Conditional Use Permit No. 10-15, and Minor Exception No. 10-02 NORTH NG DIVISION ON MAP J f J SPRUCE 5TH ST Project Site _ KINGMAN -TT I I 4TT- 0 r 33 e Et Map i s for I I lustrative P urpeses 0 nly. . IL " EXHIBIT 2 PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Conditional Use Permit No. 10-15, Development Code Amendment No. 10-07, & Minor Exception No. 10-02 AGENDA ITEM: 2 HEARING DATE: September 22, 2010 WARD: 1 APPLICANT: OWNER: In-N-Out Burgers City of San Bernardino Economic 13706 Hamburger Lane Development Agency Baldwin Park, CA 91706 201 North "E" Street, Suite 301 Contact: Kim Kennedy San Bernardino, CA 92401 (626) 813-8211 Contact: Mike Trout 909-663-1044 REQUEST/LOCATION: A request to construct a 3,714 sq. ft. drive-thru restaurant on 1.2 acres, subject to approval of a request to amend Development Code Chapter 19.06 (Commercial Districts) Section 19.06.030(2)(H) and Table 06.01 to allow drive-thru restaurants subject to a Conditional Use Permit in the CR-2 District (Commercial Regional-Downtown), only on sites within the Freeway Corridor Overlay District with frontage on 5`h Street. A Minor Exception to the sign height limit is also requested. The project site is located at the southeast corner of 5`h and "H" Streets in the CR-2, Commercial Regional land use district. CONSTRAINTS/OVERLAYS: Freeway Corridor Overlay, Potential Subsidence Area ENVIRONMENTAL FINDINGS: ❑ Not Subject to CEQA ® Exempt from CEQA, §15332 Infill Development ❑ No Significant Effects ❑ Potential Effects STAFF RECOMMENDATION: ® Recommend Mayor and Council Approval ❑ Approval ® Conditions ❑ Denial ❑ Continuance to: CUP No. 10-15,& DCA No. 10-07 Hearing Date: September 22,2010 Page 2 PROJECT DESCRIPTION The project site is located on the southeast corner of 5`h and "1I" Streets, in the CR-2, Commercial Regional Downtown land use district (Attachment A). The applicant requests approval of Conditional Use Permit No. 10-15 and Development Code Amendment No. 10-07 under the authority of Development Code §19.36.050, §19.42.050, §19.58.050 to amend the City of San Bernardino Development Code to allow for the development of new drive-thru restaurants the CR-2 zone for properties within the Freeway Corridor Overlay District with street frontage on 5`h Street. Attachment E shows the sections of the City's code that are proposed to be modified, located in 19.06.030(2)(H) as well as Permitted Uses Table 06.01. Additionally, the proposal includes a request to construct a new 3,714 sq. ft. drive-thru restaurant with indoor and outdoor dining areas. A reduced copy of the site plan showing the proposed layout is included in this staff report as Attachment B. As part of the development proposal, the applicant has provided a sign program for the new restaurant. The sign program includes a proposal for a new 70' freestanding freeway identification sign. This sign will project slightly above the height limit for freeway signs, though not exceeding 10% of the City's standard. Accordingly, a minor exception from the standards governing freeway signs is proposed. SETTING/SITE CHARACTERISTICS The project site is comprised of two vacant parcels approximately 1.2 acres in area. The two motels that formerly occupied the parcels were demolished in 2008 as part of land assembly initiated by the City's redevelopment agency. The site is located at the southeast corner of the signalized intersection of 5`h and II streets. 5`h Street is classified as a major arterial roadway while "H" Street is classified as a secondary arterial roadway. The site is just east of the I-215 Freeway. On and off-ramps for both southbound and northbound tragic on the I-215 are planned at the 5`h Street bridge (Expected Operational by March 2011) as part of the on-going freeway widening project. Existing land uses within proximity of the site include a senior housing project, a vacant service station, and vacant land. The table below provides a summary of the surrounding land uses and zoning. Surrounding Land Use and Zoning: F-risting Land Use General Plan Designation Site Vacant Land CR-2, Commercial Regional Downtown North Vacant Service Station CR-2, Commercial Regional Downtown South Multi-Unit Senior Housing CR-2, Commercial Regional Downtown East Vacant Land CR-2, Commercial Regional Downtown West I-215 Freeway N/A CUP No. 10-15,& DC:A No. 10-07 Hearing Date: September 22, 2010 I Page 3 CALIFORNIA ENVIRONMENTAL OUALITV ACT (CFQA) The Development/Environmental Review Committee (D/ERC) reviewed the proposed project on September 2, 2010 and recommended a determination that the project is exempt from CEQA under Section 15332 as an infill development project. This exemption allows for the construction of small development projects that meet specified criteria. The proposed project will result in the construction of a 3,714 sq. ft. drive-thru restaurant on a 1.2 acre site consistent with the specified criteria for this exemption. 13ACKCROIJND As part of the ongoing I-215 freeway widening project, the In-N-Out Drive-thru restaurant at 190 North "H" Street (at 2"d Street) will be affected by the reconfiguration of the freeway off ramps adjacent to the site. The 2"d Street location would likely have to close as the site will lose a significant portion of its drive thru area to the reconfigured off-ramp. The Redevelopment Agency of the City of San Bernardino, as the owners of freeway adjacent lots along 5d' street, assisted In-N-Out with the proposed relocation to the 5`h Street site in order to retain this business in the downtown. The Development/Environmental Review Committee (D/ERC) conducted a preliminary review of the proposed project on September 2, 2010. The D/ERC reviewed the plans and moved the project to Planning Commission. The final analyses required for the project Water Quality Management Plan (WQMP) were completed the following week, with final plans submitted for presentation to the Planning Commission on September 22, 2010. ANALYSIS Currently, drive-thru restaurants are not permitted in the CR-2 land use district, the City's downtown zoning district. DCA No 10-07 proposes revisions to the City of San Bernardino Development Code §19.06.020(D)(4), the Commercial Districts List of Permitted Uses, and §19.06.030(2)(H), Land Use District Specific Standards to permit drive-thru restaurants subject to Conditional Use Permit approval. Two qualifying criteria for development of drive-thru restaurants in the CR-2 land use district are recommended; properties must be located within the Freeway Corridor Overlay District (within 500 Feet of Caltrans Right-of-Way) and must have frontage along 5`n Street. The map exhibit included as a part of Attachment E shows the 4.6 acres (1 l assessor parcels) within the CR-2 land use district that meet the criteria of the proposed amendment. This area, a small fraction of the total 200.7 acres with the CR-2 classification, is appropriate to allow for auto-oriented commercial activity adjacent to the planned I-215 freeway off ramps at 5`h Street, which is one of the City's Major Arterial roadways. The proposed amendment provides for convenient services for motorist at the off ramp without compromising the pedestrian orientation integral to the CR-2 land use district. The drive—t}w design complies with the applicable development standards. However, the development proposal includes a request for a Minor Exception from the Development Code s CUP No. 10-15,& DCA No. 10-07 Hearing Date: September 22,2010 Page 4 standards for freeway sign height. A flag test performed for the site indicated that a 70 foot freeway sign is required to effectively identify the site; as indicated in the sign program in Attachment B. The standards in the code allow for signs to be 50 above the grade of the adjacent freeway. Considering the grade of the adjacent off/on ramps, the site would be allowed a freeway identification of 65 feet in height. The proposed Minor Exception is substantiated by the fluctuating grades of the expanded I-215 freeway, overcrossing structures, trees and other visual obstructions. Accordingly, findings for granting Minor Exception No. 10-02 are proposed herein. The project, a request to amend the Development Code and construct a drive-thru restaurant, is subject to several provisions of the City of San Bernardino Development Code, including: Chapter 19.42 — Development Code Amendments, Chapter 19.06 — Commercial Districts, Chapter 19.36 — Conditional Use Permits and §19.06.030(2)(H) — Drive-Thru Restaurants. The table below provides an analysis of the project for compliance with current Development Code standards for new drive-thru restaurants. If the proposed Development Code Amendment is granted, the site will comply with applicable development standards, as specified in the following table: g Item Proposal Development Code General Plan Land Use: Requires Drive-Thru Restaurant Amendment for Consistent Compliance Lot Coverage: Ji 100% Max. NIA Landscape Coverage: 15% Min. N/A Setbacks:- Front 0 ft N/A - Street Side 0 ft - Side 0 ft - Rear to ft Building Height(ft): 28 ft 100 ft Max. N/A Parking: 65 46 Min. N/A FINDINGS OF FACT Development Code Amendment: 1. The proposed amendment is consistent with the General Plan. The proposal is consistent with General Plan goals & policies as follows: General Plan Goal 4.1. states: "Encourage economic activity that capitalizes upon the transportation and locational strengths of San Bernardino." CUP No. 10-15,& DCA No. 10-07 Hearing Date: September 22,2010 Page 5 General Plan Goal 4.5 states: "Identify and attract new employment types/land uses that complement the existing employment clusters and foster long-term economic growth". General Policy 4.5.2 states: "maintain and enhance commercial regional cores and economically sound community-serving commercial concentrations by attracting new regional outlets, maintaining the existing regional retail base, and stabilizing the future regional retail base". The proposed amendment is consistent with the stated goals and policy, as it provides for the current market trends for conveniences, including fast-food restaurants adjacent to a major freeway off-ramp. 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed Development Code Amendment will only allow consideration of a Conditional Use Permit for construction of new drive-thru restaurants for properties in the CR-2 land use district located in the Freeway Corridor Overlay District with frontage on 5`h Street. The resultant construction and operation of drive-thru restaurants on any properties meeting the criteria of the proposed amendment would be very limited in scope, and therefore would not be detrimental to public interest, health, safety, convenience, or welfare of the City. Conditional Use Permit: 1. The proposed use is conditionally permitted within, and will 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 drive-thru restaurant requires a Development Code amendment in order to be conditionally permitted in the CR-2 land use district, as requested under DCA No. 10-07. The project has been designed to conform to the development standards of specified for drive-thru restaurants under §19.06.030(2)(11). Therefore, the proposed project would not impair the integrity and character of the subject land use district. 2. The proposed use is consistent with the General Plan. The project is located in the CR-2 Commercial Regional Downtown land use district, which allows for "a mixture of regional serving retail, service, office, outdoor dining, entertainment, cultural, and residential uses that enhance the downtown area as the functional and symbolic center of the City of San Bernardino." 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 is attractive, safe and compatible with surrounding uses, consistent with these General Plan policies and goals. CUP No. 10-15,& DCA No. 10-07 Hearing Date: September 22,2010 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.O30(6) of the Development Code. The project is exempt from CEQA under Section 15332 as an infill development project. Staff conducted a review of the proposed project to confirm that no significant environmental impacts would result from the project and 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 No significant negative impacts to environmental quality and/or natural resources are anticipated to result from the construction and operation of the proposed project. The project site was previously developed with a commercial land use, and the surrounding area is urbanized. 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 commercial land uses within the surrounding area. Future commercial uses on the project site are not anticipated to have any significant objectionable impact on surrounding development. The proposed use will operate in a manner consistent with the Development Code and the conditions of approval. On- and off-site improvements have been designed to mitigate or avoid potential impacts of the project on surrounding properties. Therefore, no land use conflict or 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. Moreover, the proposed development complies with all standard provisions for new development in the Development Code, including parking and landscaping requirements and architectural design guidelines. Therefore, the site is physically suitable for the proposed drive-thru restaurant development. 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 project would not be detrimental to public health and safety. CUP No. 10-15,& DCA No. 10-07 Hearing Date: September 22, 2010 Page 7 Minor Exception: 1. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under an identical land use district classification. A flag test Pe rformed for the site si na a demonstrated that to order for a sign to effectively identify the site, it will require a 70 foot height, a 5 foot projection into the height limit for freeway signs (50 ft. above the elevations of the off/on ramps at 5`h Street). The 1-215 freeway project will result in the construction of visual obstructions (bridges, off/on ramps, and landscaping) along the freeway view shed such that it substantiates the request for additional height for the proposed freeway sign. 2. Granting the Minor Exception is necessary for the preservation and enjoyment of a .substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Minor Exception is sought. The proposed sign will be limited by the visual obstructions along the freeway. In order to ensure the site is effectively identified from the freeway additional height is necessary. 3. Granting the Minor Exception will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located. Development of the proposed on-site sign is not anticipated to have any detrimental impact to the surrounding properties or any other properties in the CR-2 land use district. Freeway signs are an allowed use in the CR-2 land use district and the additional height will allow site identification in conformance with main emphasis of the Development Code sign standards. The proposed exceedance of the height limit would not degrade the appearance of the community. 4. Granting the Minor Exception does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is locates. The granting of the proposed minor exception does not constitute the granting of a special privilege as the request is based on the observed constraints on visibility of the site. 5. Granting the Minor Exception does not exceed 10% of the standard(s) being modified, or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel. The sign height standard in the Development Code allows for signs to 50 above the grade of the freeway. Based on the elevation of the site (1075 feet) and the height of the I-215 on/off ramps at 5t' Street (1090 feet) the sign height will project 5 feet into the height limit for freeway signs. The additional 5 feet does not exceed 10% of the standard bung modified. CUP No. 10-1 S,& DCA No. 10-07 Hearing Date: September 22, 2010 Page 8 6. Granting the Hinor Freeption Will 1701 he inconsistent with the General Plan. Granting the Minor Exception ,vill be consistent with the General Plan. General Plan Policy 2.4.3 allows for flexibility in the applicable land use standards as well as the use of creative site planning. Specifically, the General Plan states, "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." CONCLUSION The Findings of Fact support approval of Development Code Amendment No. 10-07, Conditional Use Permit No. 10-15 and Minor Exception No. 10-02, subject to the recommended Conditions of Approval and Standard Requirements. RECOMMENDATION Staff recommends that the Planning Commission recommend that the Mayor and Common Council: 1. Approve Development Code Amendment No. 10-07, and 2. Approve Conditional Use Permit No. 10-15 and Minor Exception No. 10-02 based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment C), and Standard Requirements (Attachment D). Respectfully Submitted, Jo Oquendo Pl nner II, Economic Development Agency Approved for Distribution Terri Rahhal City Planner Attachment A:Location Map Attachment B: Site Plan Attachment C: Conditions of Approval Attachment D: Standard Requirements Attachment L Modified Code Sections ATTACHMENT A FPROJECT: AN BERNARDINO DIVISION Conditional Use Permit No. 10-15, Development Code Amendment No. 10-07, Minor Exception No. 10-02 MAP HEARING DATE: September 22, 2010 NORTH r 1 _J Eij SPRUCE 5TH ST Project Site N G M A N - --- 4TH +TIJ 33 "Peet Map is for Illustrative Purposes 0 nly. : �n0•N•N � . 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The project is located at the southeast corner of 5`h and "I I" Streets in the CR-2, Commercial Regional land use district (APN: 0134-093-40 & 41). 2. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements. Expiration Date: Two Year from the Date of Final Approval 3. The review authority may, upon application being filed 30 days prior to the expiration date of CUP 10-15 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. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as"attorneys fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. 5. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: 1 3 i CUP No. 10-15 and DCA No. 10-07: Attachment C September 22, 2010 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 finish materials that do not alter or compromise the approved theme; and, d. A reduction in density or intensity of a development project. 6. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use 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. 7. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards, and includes: dust 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. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 8. The project shall comply with the requirements of other outside agencies, as applicable (e.g. San Bernardino County Department of Environmental Health, California Board of Equalization etc.). 9. Signs are not approved as part of this permit. Prior to establishing new signs according to the approved Sign Program, the applicant shall submit an application and receive approval of a Sign Permit from the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 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. 10. 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. 11. If the color of the building or other exterior finish materials are to be modified from 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. CUP No. 10-15 and DCA No. 10-07: Attachment C September 22, 2010 fr 12. 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). s X 13. 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. 14. The 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. 15. Barbed wire, razor wire, and/or concertina wire shall not be permitted on-site. 16. 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. 17. The licensee 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. Menu board Speaker or public announcement systems shall be equipped with volume control. 19. Any public telephones shall be located inside the building and shall be fixed for outgoing calls only. 20. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Land Development shall include all Conditions of Approval (Attachment C) and Standard Requirements (Attachment D) issued with this approval. 21. 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. 22. This permit or approval is also subject to Attachment D, the conditions or requirements of the following City Departments or Divisions: a. Community Development — Land Development b. Community Development - Building/Plan Check C. Fire Department d. Water Department e. Public Services Department ***End of Attachment C*** ATTACHMENT D CITY OF SAN BERNARDINO Community Development Department — Land Development Division Standard Requirements Description: A request to construct a 3,714 sq. ft. drive thru restaurant on a 1.2 acre site. Applicant: GHA Architects, Kristy Tornga APN: 0134-093-40 & 41 Location: South east corner of 5th & "H" Streets Case Number: CUP 10-15 1. Drainage and Flood Control a) All necessary drainage and flood control measures shall be subject to requirements of the City Engineer. 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. 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 — Public Works for templates to use in the preparation of this plan. Project: A request to construct a 3,714§,q..ft. drive-thru restaurant on 1.2 acres subject to approval of a request to amend Development Code Chapter 19.06, Section 19.06.020 Table 06.01(D)(4)to allow drive- thru restaurants subject to a Conditional Use Permit. Case No. CUP 10-15 Page 2 of 10 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 — 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) 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. Gradinq and Landscapinq 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 Building Official. b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Development Services-Planning Division prior to issuance of any grading or site development permits. C) 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. d) 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. e) 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. ( Do xnl:nl;and I ocal ticttinz, I cmp.,(mu Intcm:t I dvc (l-nicot(halo I.U'I"HO()I.l 1 I' I li-1 5 In \l(nl nth 11(3(-DIido, (11)1; In Project: A request to construct a 3 714 sq. ft. drive-thru restaurant on 1.2 acres subiect to approval of a request to amend Development Code Chapter 19.06 Section 19.06.020 "fable 06.01(D)(4)to allow drive- thru restnura_n_ts subie� ct to a Conditional Use Permit. Case No. CUP 10-15 Page 3 of 10 f) 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. g) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). h) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6" high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5' deep and may overhang the landscaping or walkway by 2.5'. Overhang into the setback area or into an ADA path of travel (minimum 4' wide) is not permitted. i) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. This requirement does not apply to the 0" curb face and bollard design adjacent to the outdoor eating area at the entrance from the parking lot*. 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. *Added by Planning Commission 9 122110 IN 6PCtitaifRcport N,2010,01)22,2010 TI0-Ii&DC:A I0-07Reyiwd land dcvclopmcntSR',.doc 1010), 10 Project: A request to construct a 3,714 sq. ft. drive-thru restaurant on 1.2 acres subject to approval of a request to amend Development Code Chapter 19.06 Section 19.06.020,Table 06.01(D)(4)to allow drive- thru restaurants subject to a Conditional Use Permit. Case No. CUP 10-15 Page 4 of 10 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) All walls and fences shall be designed to withstand 85 mph winds. All construction details shall be included on the appropriate plan. Structural calculations shall be provided for City review. m) No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner's agent shall immediately remove the temporary/security fencing upon the approval of the Building Official 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 Building Official 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. n) The Drive-through lane and the parking area adjacent to the building shall be constructed of PCC concrete pavement. o) The on-site improvement plan shall include details of on-site lighting, including: • light location, • type of poles and fixtures, • foundation design, • 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. I h,:umcnt,and tirttin_,; palucndo I oml\cUntB. I cmp,rare hrtcntct I tic 0mhnl t hrtloA u71',W x tl t I' I n-I; In S t tut;Ih II13)•I)li61,: u,r l; In Project: A request to construct a 3,7 14 sq_ft. drive-thru restaurant on 1.2 acres subject to approval of a request to amend Development Code Chapter 19.06, Section]9.06.020 Table 06.01(D)(4)to allow drive- thru restaurants subject to a Conditional Use Permit. Case No. CUP 10-15 Page 5 of 10 p) 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. q) 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. r) 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. s) A Lot Merger is required for this project and is currently under review (LM 2010-006). t) 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 Land Development Division for plan check. u) 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. v) 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. w) 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 unless approved by the City Engineer pursuant to Section 19.30.110. X) 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 I)o.un..nt and tinting,loqurndo I offal 1cumu, I rmp,,rtn Intcmet I tic•l ontem t)ulloo6 0'131W()1 l l'1' lo-I5 In 1)ut,iIh IIt3i-DIIdoc tw1 Ilt Project: A request to construct a V 14 sq. ft. drive-thru restaurant on 1.2 acres subject to approval of a request to amend Development Code Chapter 19.06, Section 19.06.020,Table 06.01(D)(4)to allow drive- thru restaurants subject to a Conditional Use Permit. Case No. CUP 10-15 Page 6 of 10 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. 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. 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. (' Doo n oil,and �kluvndo I o:ul ticthn_>> I cmporar� Intern(I do('moil t httlook u-1?litlr)1 ('1 l' 141-1 i It, \r tut ill, I10) Dildo,� t'),15 1 t 1 Project: A request to construct a 3,714 sq. ft. drive-thru restaurant on 1.2 acres subject to approval of a request to amend Development Code Chapter 19.06, Section 19.06.020,Table 06.01(D)(4)to allow drive- thru restaurants subject to a Conditional Use Permit. Case No. CUP 10-15 Page 7 of 10 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. Street Improvement and Dedications a) 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. b) For the streets listed below, dedication of adequate street right-of- way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right of Way(ft.) Curb Line(ft) 5th Street 8.75' 32' (existing) H Street 2.75' 32' (existing) c) If the existing sidewalk and/or curb & gutter adjacent to the site are in poor condition, the sidewalk and/or curb 8t gutter shall be removed and reconstructed to City Standards. Curb & Gutter shall conform to Standard No. 200, Type "B" and sidewalk shall conform to Standard No. 202, Case "A" (6' wide adjacent to curb), unless otherwise approved by the City Engineer. d) The existing ramp at 5th and H Streets does not comply with current standards and will need to be modified to meet compliance. Construct accessible curb ramps in accordance with Caltrans Standards to comply with current ADA accessibility requirements. ( Ih etun.nt;and~rout_;pvlucnJ hlCill~rain_, fcntPOri Inicnict I ilc,C onmit t httlool ii'I?lint)1 l 1 P Io-ii ht \(kit >th tllit•1AIdo: Itt;I� Ill Project: A request to construct a 3.714 sq. ft. drive-thru restaurant on 1.2 acres subiecI t to approval of a request to amend Development Code Chapter 19.06, Section 19.06.020,Table 06.01(D)(4)to allow drive- thru restaurants subject to a Conditional Use Permit. Case No. CUP 10-15 Page 8 of 10 Dedicate sufficient right-of-way at the corner to accommodate the ramp. e) 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. f) 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. g) The pavement on existing streets adjoining the site shall be rehabilitated to centerline using a strategy approved by the City Engineer. Perform a crack seal & slurry on 5th Street. Perform a mill & overlay on H Street. 5. 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), • 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), ■ on-site landscaping and irrigation, ■ other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. t l cuni,nt.and tictung.pklucnd„I ocal I cn?poran Internet I ilk:,l'ontcnt t hill"A 0".1 3,104 tl ( 11' 10-1 i In\1 tut�Ih II u1-IMdo u.rl; In Project: A request to construct a 3,7 14 sq ft drive-thru restaurant on 1.2 acres subject to approval of a request to amend Development Code Chapter 19.06 Section 19.06.020 Table 06.01(D)(4)to allow drive- thru restaurants subleet to a Conditional Use Permit. Case No. CUP 10-15 Page 9 of 10 ■ All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) b) The rough grading plan may be designed and submitted in combination with the precise grading plan. c) All improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. d) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. e) Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2000, and include a .DXF file of the project. Files shall be on a CD and shall be submitted at the same time the final mylar drawings are submitted for approval. f) Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org 6. 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. 7. 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 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 t 1)(":tImoits and l itiflus p�iµ)cndo I oval Iscume, I cmporar\ Intcmct I ilk:,(onmit()wl,,A U71 WH)I ll I' 10-1 i In rut nth II IMdo� n,+ l� 11, Project: A request to construct a 3,714 sq. ft. drive-thru restaurant on 1.2 acres subject to approval of request to amend Development Code Chapter, 19 06 Section 19.06.020, Table 06.0 1(D)(4)to allow drive- thru restaurants subiect to a Conditional Use Permit. Case No. CUP 10-15 Page 10 of 10 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. 8. Traffic Requirements a) A focused traffic study for the intersection of 5th & H Streets is required for the project. l 1)"cum.nt,and`.Mulls,p'yuoldo 1 "':al tirtum_, I clllporurn huernct I ilc,Colit nt t)ullrv6 0'.13141#)l l 1 11 to-1 ht N t tut;Ili 1-014 do'� (M Ii 10 CITY OF SAN BERNARDINO COMMiJNITY DEVELOPMENT DEPARTMENT 300 NORTH"D"STREET,SAN BERNARDINO,CA 92418•(909)384-5057 4 # 0 PROJECT REVIEW ROUTING PROJECT: Conditional Use Permit No. 10-15 TO: Terri Rahhal—D/ERC Chair Council Member Marquez —Ward 1 Ocd(:ranske—Fire Department Police Department—Administration Oiflce Jim Sowers—Buiiding/Plan Chad Gracie Washington—Public Services Department Laura Weldemann—Public Works Jeff Smith—Ewrwmie Development Agency Manas Rista—Traffic Ted Brunson—Water Department Jim Oondos—Parks&Recreation Andy Coady—Water Reclamation Plant FROM: John Oquendo, EDA DATE: August 19,2010 E/DRC MEETING DATE: September 2,2010 DESCRIPTION/LOCATION: A request to construct a 3,714 sq. ft. drive through restaurant on a 1.2-ac. site located at the southeast corner of 5`h and"H" Streets in the CR-2, Commercial Regional land use district. APPLICANT: GHA Architects, Kristy Tome OWNER: City of San Bernardino Redevelopment Agency GEN. PLAN/ZONING: CR-2, Commercial Regional APN: 0134-093-40&41 CEQA STATUS: Exempt, Section 15332—Mll Development COMMENTS: (USE ADDITIONAL SHEETSIF NECESSAR0 / / 2 I�OA --NN 11 G- � CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS cam G,Jp in . 152 _ Data 9 . 02 - /O R.rl.w.a 9 .�-- o�s��EOU+R�amt rrovfde re addit"est of OwWW W pare b a„r"and 3AWj lilt M Depererwd use at dme of van d*& Cammd Me CWf d ffell§Wnrdne FMS Oaper*rnnl d(NO Ne•Hrf w speWb MOM r **w w& The do 'so shag pw*i&ler$doom%nm note.AAMUnusn ee New req/remerMe stied be billed an rqurl Wag&eornlnnton*Mow rra ampoaure r,lanwom supOderd Mate- lop- WW=a be avarhba gft a pla"mribustfb mawub on sM. 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K (:�_A ❑ or ewe h Muss be ' Rif sat auneefe are sprbdmse'WPdM b NFPA sarrdsrde �! 1 be�rquW40 slat An auamade f oprrtker @V 1101 hsgrso w NFTA rtenderde r pre lor ore on pro w%m T"wn b i wotraemm el a/sOrYheNred b #ye are le be Approved bar ee FMe Oepw*wM POW b~d mnMnryen.Pow regWK the sleep(re*ied ervugPwt .Frere loud to appr- .9 by de Fire Oepseblwd prior ss:art d Irlemerrl.Parma regdulred,prbrrrd co recdon a spr*Udr sydrNwrx"s syaw.shag be re ji I v d Fore OperMnwrl wed boo romme moom*4 apply a12w cod]rd♦/tore (9m vs-sm 109-'Jt;1M6�y kd dW irm lrin f rgWed Ple a must be+pprwed by de"04Oannrrd POW b ar aart d-�onebuclbn.Penh nglerd,Lood z4*" be parrlrD MAP no sppeoera runt rglreK w err"anlr J-0 is fore DOWN wag ro*oo wage AWTIONAL arrofwAt,oK '1.��z_Oc c,04M t r s Wl rE1 Ad-QCCA.1RA&r rev 4. _Ti4�W !d0 wW' "4- 6E .Ovi!)oPiUL AA/- O-WATK -- --- ---z� Pow►r� A KN�x �.� _EMlxy_ ,S�►sr�M-. - i-- -- - - - SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STANDARD REQUIREMENTS DRC/ERC Case: CONDITIONAL USE PERMIT NO. 10-15 AND DEVELOPMENT CODE AMENDMENT NO. 10-07 APN NUMBER 0134-093-40&41 EPN NUMBER: - DATE COMPILED: 9/1/2010 REVIEW OF PLANS S/E corner of 5th&H St. COMPILED BY: Brunson,Ted OWNER: City of San Bernardino Redevelopment Agency DEVELOPER: GHA Architects, Kristy Tornga TYPE OF PROJECT: A request to construct a 3.714 sq.ft.drive-thru restaurant on 1.2 acres,subject to approval of a request to amend Dev.Code Chapter 19 06 to allow drive-thru restaurants subject to a CUP in the CR-2 only along the Freeway Corridor Frontage District. NUMBER OF UNITS: 0 LOCATION: Southeast corner of 5th and"H"Streets WATER DEPARTMENT ENGINEERING: CONTACT: Nevarez,Mike PHONE NUMBER: (909)384-5092 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 5th St., 12"Cl in H St. Approximate Water Pressure 0 si Elevation of Water Storage: 1249 Hydrant Flow @ 20psi: ❑ Type,Size,Location and Distance to Nearest Fire Hydrant ❑ Water Supply Study Required W Pressure Regulator Required on Customer Side of the Meter ❑ Offsite Water Facilities Required ❑ Water Main Reimbursement Due ❑ Area Not Served by San Bernardino Municipal Water Department ❑ Network Hydraulic Analysis Required per Uniform Design Standards Comments: WATER QUALITY CONTROL CONTACT: Arrieta,Con PHONE NUMBER: (909)384-5325 FAX NUMBER: (909)384-5928 © R.P.P. Backflow Device Required at Service Connection for Domestic Service Double Check Backflow Device Required at Service Connection for Fire and Irrigation © Backflow Device to be Inspected before Water Service can be Activated ❑ No Backflow Device is required at this time SEWER CAPACITY INFORMATION CONTACT: Thomsen,Neil PHONE NUMBER: (909)384-5093 FAX NUMBER: (909)384-5592 Note:Proof of Payment Must be Submitted to the Building Safety Department Prior to Issuance of the Building 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 (1]/ Subject to Recalculation of Fee prior to the Issuance of Building Permit ❑ Breakdown Of Estimated Gallons Per Day COPY TO:Customer; Planning; Engineering Wednesday, September 01,2010 EPM Page 1 of 1 City of San Bernardino Public Services Department Standard Development Requirements 300 North D Street - 4th Floor San Bernardino, CA 92418 COMMERCIAL& INDUSTRIAL DEVELOPMENT Collection Services 1. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and Industrial locations within the City shall be provided by the City of San Bernardino Public Services Department unless otherwise franchised or permitted. (MC § 8.24.1401 2. New accounts require a completed Service Application, with a full deposit and a copy of manuals for all compactor units, returned to the City of San Bernardino Refuse & Recycling Division prior to issuance of the final Certificate of Occupancy. 3. Shared refuse and recycling services for multi-tenant commercial sites shall be billed to a single owner or property manager; leases shall include terms to accommodate sub-metered services. 4. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly, and all other solid wastes shall be removed at least once weekly. [SB County Health, Sanitation and Animal Regulations § 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, or establish an alternative diversion program to be identified in the IWM Survey for the project. Automated Cart Service to Nonresidential Facilities 6. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet residential rather than commercial requirements. Service Vehicle Access 7. Projects shall meet City Engineering requirements for commercial vehicle drive access along the main Ingress to and egress from enclosures. These requirements shall not limit requirements for Fire vehicle access. 8. Property without through access shall Incorporate at least one of the following designs: • A cul-de-sac with a 40--foot turning radius for a 32-foot vehicle length • A hammerhead turn with a 40-foot turning radius for a 32-foot vehicle length Gated Access 9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services. Shared Collection Areas - Reciprocal Access 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 MD/PS 6.27.2003 1 1. Sealed compactor units dedicated separately to refuse and recyclab►es may be required to be installed at], facilities with an anticipated waste generation of 60 uncompacted cubic yards per week. 12. Roll-off compactor units must be installed according to manufacturer's and City Engineering specifications with the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter for safe access. 13. Roll-off boxes at locations receiving City service must meet City rail and hook specifications per City Engineering Standard 510. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side design may be subject to a roll-back charge. 14. Compactor equipment shall be screened from view of public right--of-way by materials compatible with building architecture and landscaping as specified by City of San Bernardino Development Code. (MC § 19.20.030 (2 1)] 15. Location, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and compactor screening, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. MD/PS 6.27.2003 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 1 S' x 4'S" to fit two 3CY bins. Existing enclosures must have block walls, inside bumper guards or curbing, and solid steel gates, OR enclosure(s) must be reconstructed to meet Engineering Standard 508. Enclosure may be relocated for best drive access and alignment, plans subject to Public Services approval. (Please note, ifsite wi//generate 2CYorles5 of solld waste per week, see Residential Collectlon optlons.) 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. [98 CA Fire Code § 1 103.2.21 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. Multl-unit Dwellings 29. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. MD/PS 6.27.2003 Cl) LLJ °z 6 O z jX X ~ X ~ x � xx J J J J QO QO 00 LL r- T- r- x X X X = _ _ _ W I X x K 0 —°� 0 333 z a Cn U) Y o Z z CO) P b) _ ° � &D, &D ZO W lz � � V in V7 FW- LL iD i0 t0 i0 i0 i0 K p, r in• m 00 a � O fV M in F- f' O = = e 00 � OO M On T r-- cQv LL N �L LLLLLL U. u Cl) LL N V N o Z N V V r v J }. jo � a � � vvc}icp}i 0 0 0 C O. TYP.� 8" OONCRETE BLOCK WALLS, MIN. DIMENSIONS _ OR OUT ALL CELLS SOUO -�— BIN SIZE W L j— 3 CY. 6'-8'' 8'-8" 4 CY. 8'-0" 8'-8" - L 0,BUMPER w/ 1/2"A.B. 2-3 C Y. 6'-8" 15'-0" i 2- 4 Cy. 8 -0 15 -0' L �i 2- N0.4 BARS 3 3 1 A A ND. 1 PAR D. 24 O.C. 4"x 6"WO. GUMPCR T O W/1/E"A.9. of I- N0, 4 BAR , FLUSH WITH PAVEMENT 32"O C 4t 4'-0" o (COUNTERSUNK) ■ 0 0 , 12"STEEL SLEEVES SEE DETAIL'A IN CONCRETE TO 4"CONC. SLAB w/40 SECURE SATES 10/10 W.W.F. (CONCRETE CLASS FIN.GRADE 520-C-2500) r � --d-12"STEEL SLEEVE IN l " " NO. 4 BAR CONT �JL 6".12.A CONCRETE 3" FOOOTINGTTO SECURE le" PLAN VIEW SECTION A-A • I GATES 3 x d C OATE FRAME CHANNEL BAR CHANNEL L"x I"x 3116" CROSS GRACING I/'2"DRAIN HOLES at 12"0.0. STEEL 3"x 3"x,IST5 POST,WELD CAP I A z GRIND SMOOTH _ S"x S"H.D. BUTT I I » HINGE BY STANLEY TYPE 9-24 METAL DECK I U( 2 GL AR. — lU S PER GATE, WELD 20 GAUGE, PRIMER COATED L J—— — — — — — — — _ — — _ L TO POSTS B GATE FRAME BY VERCO MFG. CO. TACK r 31/2"OALV. STEEL WELD AT TOP & BOTTOM TO 1/2 I! GALV. STEEL CHANNEL of 12"O.C. CANE DOLT, STANLEY M.D. HASP, STANLEY NO. CO 1009 C 2 RED.) NO. SP, 917 NOTES DETAIL 1A' FRONT ELEVATION 1. ALL WORK SHALL BE DONE IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION , LATEST EDITION. ' 2. LOCATION SUBJECT TO THE APPROVED DEVELOPMENT PLANS. 3. WITHIN 5' OF COMBUSTIBLE CONSTRUCTION, INSTALL A AUTOMATIC FIRE SPRINKLER AS APPROVED BY FIRE DEPT. 4. CONCRETE BLOCK WALLS TO BE COMPATIBLE WITH BUILDING EXTERIOR. j 3. SPECIFIED MANUFACTURER'S SHOWN OR APPROVED EQUAL. CITY OF SAN RFRNARDINO Pty@ 10 WOgKS DEPT. APPROVED " S - B 6 STANVAU �nAN REFUSE ENCLOSURE D{REC OR OF PUBLIC WORKS CITY ENGINEER I ATTACHMENT E V V w v y ^,A C O v CA a VP4 r- s. W "" V ,nr y V ++ f Vrl V 1UV V i QUQU ' ate.. in s ; JJ a � O � O o � x a to •� - ° j Rl 7S dg@ R7W'�. F1N C oil z � O N .J V A � I[-b4 C OXWERC LAL DISTRICTS-RCod 12 A Wor—e rack shaL be =alled m a commiert :ocabm %,Wbk tom de b_:4 0f N :core. 13 Lich .omvn=e stage :haL protiAt a publk rein= located wibin tie :sere i 14 AObc M ieleplhmes pm ided oo-ri#,t saaL not to set Grp for uxommg ci L;. Pttbk te)a;kaces:LaL be feasted wd call orar senice ccih•. 15 4n i.ae vi,dete dames mart'aoc tt irsta3ed or operated an N prtmiw 16 A comeme :e :Dore a ace= ao my reiideam3v des ued diniut iLU, hxvs 15 foot L# ieccoz did masowy ara3 along;rcper?� :im a.4,%xi it to .. distrr:u 17. All parliicg. �oadirg. czn.J-ad(u aides, and pump is xd bat• mus ;.&Il be aaxracte d anti,'PC C)c co uev. G. DAY CARE CL%-FM F.efes 10 Section :P.C"i tai 1;131. 8 DRA7F-THRU REST ULCTS Tt•.i: 5 : ,oa coca itar>jar',.i faa do e-thiu:e=-ta is as at2 IS prof ftt,3- of =e,C. :px d5k:aid use Inrcrz Dxi%*dm reirim u are subject to C m didmil Use Pmt miew 1. IitibLitmimts pracjdicg drr:e4n bul:nas=a1 ae pert:i rmd m to CG-1. CG-',CG-3. C04.and R-3(ri u of l-10 csih•and atar:eat fo Tp;-Icawt Aveme between Rcsr=kiv Lane and 1-10 oml-f,, :md use dis=ti MC and(K-2(limited to properties)sithin the Free'Na� (orridor(hrrla.� District�%ith street rrontage Oil Sib Street). 3. Aedts�-sa a' umays sh * aet ko nd ft &**4 n &M aisles, but vrbere to, ,k they*A bm ckw vmbft. mld fty mm be aqiusiiaed by wzrfhtd panicg Ot suit. 1 3. Dij,.*-dLm aisles iba1: have a mimrmim 12 faat wig as ct>m aid a ttiniaL 1 l fm sidtt ore itrx&sciioas. 4. Dmv-tiro males shall gmide ;25c= =.tad mg area behind a bond so accemmadate d mirilmim of d Can, 5. All wince arm resttooms and grmmd moauW acd and riechanical el*L4mm shall tie screeced frm Siew U-9g X Mt 00 LZ 7 ! R J� � i���"�' .a, yt rat• ' �� 4 .•�� ` w.i J. � f •aft •� .+r j f O SA 4) iNow VA EL WO. j Lwj �e • V_/ � •1 ��' ' � �� '� ' � - � ` fit+ !>. C�h� I • �1 v � J � , � .w.. � �,^~ � � � ^} ! 3f! ;jam+•'. ,+ tt ` cn o ILI L" + t�se' (4^1 h/ f,�E' � �•� A {6"`," i _..� � � r ' k.. .r • � (cd ���• � �r. � / X k � -ter (1} FIL hkJ �fe 1.. ii y �� �� ,/ li�-�q't'r n .:'F-`�w7�: !�"J t •• �' }: ' j Information Map City of San Bernardino Economic Development Agency Properties Affected By Proposed Development Code Amendment NORTH Total No. Parcels: 11 Total Size: 4.6 Acres 14Z- L dorl Affected Properties ik � .a M, • illr Y. j "t-J • f. f � 1 ORDINANCE NO. C (OPY 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING MUNICIPAL 3 CODE SECTION 19.06.020 (DEVELOPMENT CODE) TABLE 06.01 AND SECTION 19.06.030(2)(14) TO PERMIT DRIVE-THRU RESTAURANTS IN A SPECIFIED AREA OF THE 4 CR-2, COMMERCIAL REGIONAL DOWNTOWN LAND USE DISTRICT, SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT. 5 6 The Mayor and Common Council of the City of San Bernardino do ordain as follows: SECTION 1. San Bernardino Municipal Code (Development Code) Section 19.06.020, Table 06.01, 8 Commercial Districts List of Permitted Uses, and Section 19.06.030(2)(H), Drive Thru Restaurant 9 Standards are hereby amended to permit drive-thru restaurants in the CR-2, Commercial Regional 10 Downtown land use district, only on sites located within the Freeway Corridor Overlay District which I I also have frontage on 5`h Street, pursuant to Exhibit A, attached hereto and incorporated herein. 12 13 SECTION 2. Compliance with the California Environmental Quality Act: The Mayor and Common 14 Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) 1s pursuant to Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in a significant physical change to the environment, 16 directly or indirectly. 17 1s SECTION 3. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this 19 Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any L0 court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the 21 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby 22 declares that it would have adopted each section irrespective of the fact that any one or more 23 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or 24 ineffective. 25 26 27 28 I AN ORDINANCE OF TIDE CITY OF SAN BERNARDINO AMENDING MUNICIPAL CODE SECTION 19.06.020 (DEVELOPMENT CODE) TABLE 06.01 AND SECTION 19.06.030(2)(H) TO PERMIT DRIVE-THRU RESTAURANTS IN A SPECIFIED AREA OF THE CR-2, COMMERCIAL 3 REGIONAL DOWNTOWN LAND USE DISTRICT, SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT. 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council 5 of the City of San Bernardino at a meeting thereof, held on the day of 6 , 2010,by the following vote,to wit: I COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ 9 DESJARDINS 10 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 16 MC CAMMACK 17 18 Rachel Clark, City Clerk 19 The foregoing Ordinance is hereby approved this day of , 2010. 20 21 PATRICK J. MORRIS, Mayor 22 City of San Bernardino 23 Approved as to form: 24 25 JAMES F. PENMAN C Attorney 77 28 2 EXHIBIT A OF A U c� i i i i i Ca i Ca U U -- i i U i CaUO = t i i V i U acs ; U Vcn i i U i V C] UOU W. N U i U i UU C_ uo' l mum i U U � i i U i i i m u 0 u o U r' i V i i i i Ca U C) u o_ U CW/1 VN u i V VU i Caurau y � A � c W V ^ i i U U i i 0 V Ca U h 0 F C O O N i i i i i Ca i Ca i W C w a� C C O ed a O O 3 � .a No ° ° O ou 00.=h F7 3 ¢ N (� F o w b o y o u� .o U cn o c .." F o " 6 oG U .a . an � b E � to c � � ° uU � 00 10 u Cw` xre inw [ E � c° � Z � a°' c 0 0 Q mV v E w -; �iri4wi �o WU oW to riri4 o � COMMERCIAL DISTRICTS- 19.06 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 may 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. G. DAY CARE CENTERS Refer to Section 19.04.030(2)(B). H. DRIVE-THRU RESTAURANTS This Section contains standards for drive-thtu restaurants as well as prohibition of same in specified land use districts. Drive-thru restaurants are subject to Conditional Use Permit review. 1. Establishments providing drive-thru facilities may be permitted in the CG-1, CG-2, CG-3, CG-4, CR-2 (on properties in the Freeway Corridor Overlay District with frontage on 5th Street only)and CR-3 (south of I-10 only and adjacent to Tippecanoe Avenue between Hospitality Lane and 1-10 only)land use districts. MC 1098 7/5/01 2. Pedestrian walkways should not intersect the drive-thru drive aisles, but where they do, they shall have clear visibility, and they must be emphasized by enriched paving or striping. 3. Drive-thru aisles shall have a minimum 12 foot width on curves and a minimum 11 foot width on straight sections. 4. Drive-thru aisles shall provide sufficient stacking area behind menu board to accommodate a minimum of 6 cars. 11-95 COMMERCIAL DISTRICTS- 19.06 5. All service areas, restrooms and ground mounted and roof mounted mechanical equipment shall be screened from view. 6. Landscaping shall screen drive-thru or drive-in aisles from the public right of way and shall be used to minimize the visual impact of readerboard signs and directional signs. 7. Drive-thru aisles shall be constructed with(PCQ concrete. 8. Parking areas and the drive-thru aisle and structure shall be set back from the ultimate curb face a minimum of 25 feet. 9. Menu boards shall be a maximum of 30 square feet,with a maximum height of 7 feet,and shall face away from the street. 10. Drive-thru restaurants within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-thru restaurant must provide compatibility with surrounding uses in form, materials, colors, scale, etc. Structure plans shall have variation in depth and angle to create variety and interest in its basic form and silhouette. Articulation of structure surface shall be encouraged through the use of openings and recesses which create texture and shadow patterns. Structure entrances shall be well articulated and project a formal entrance through variation of architectural plane, pavement surface treatment, and landscape plaza.. 11. No drive-thru aisles shall exit directly onto a public right-of-way. DRIVE-THRU RESTAURANT DRIVE-THRU LANE WITH 6 CAR(MIN) DRIVE-THRU AREAS SHALL BE DESIGNED BACK-UP TO MENU BOARD. TO BE AN INTEGRAL PART OF THE MAIN STRUCTURE. INDICATE SHARED ENTRY DRIVE. DRIVE-THRU ENTRY SIGN -' FAST FOOD RESTAURANT 1 25' MENU BOARD SHALL FACE AWAY FROM THE STREET. MIN.12'WIDTH ON CURVES USE LANDSCAPE TO SCREEN THE DRIVE-THRU AISLES FROM PUBLIC R.O.W. II-96