HomeMy WebLinkAbout31- City Attorney CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: Mayor and Common Council
FROM: Henry Empeno, Jr., Deputy City Attorney
DATE: March 4, 1996
RE: Agenda Item #31, Unocal Service Station,Development Code Amendment
No. 95-05 and Conditional Use Permit No. 95-11
REVISED FORM MOTION:
That the hearing be closed; that the negative declaration be adopted; that said
ordinance be laid over for final adoption; and that Conditional Use Permit No. 95-
1 The approved based on the findings of fact and subject to the Conditions of
Approval and Standard Requirements contained in Exhibit 2, Attachment E. F
and G in the October 17, 1995 Planning Commission Staff Report,with Standard
Requirement #6(e) [storm drain fee] as amended and agreed to, y the
Applicant.
(Added portion underlined)
Entered into Record St � ,,✓ ��
Council ICmy0evCma Mtg: .
by I
HENRY EMPENO, JR., re Agenda Item
Deputy City Attorney
City ClerkICOC Secy
City of San Bernardino
HE\ao\[mem26] #31
3-`- 9(
STANDARD REOUIREMENTS
DEPARTMENT OF PUBLIC WORKS! CASE NO. cy-P95-11
'TY ENGINEER & DC4 95-05
DESCRIPTION: GAS 5TAT/O/V_ CO/VI% HEARING DATE
ETOREW/DRIVE-THRU AND CAR WASH AGENDA ITEM
LOCATION: WEST S/DE OF Uff1 E/9S/TY
PARKWAY. SOUTHS/DEOFVARS/TYAV__ PAGE NO:
estimated construction costa of the on-site improvements, including
landscaping.
C) Plan check and inspection fees for grading (If permit required) - Fee
Schedule available at the Engineering Division Counter.
d) Drainage fee in the approximate amount of $6,262 . Based on 56.652
Square Feet @ $ 0.379 per square foot for the first 3,000 square feet of
impervious lot area (75% of the net lot area according to plan), then $
0.130 per square foot of remaining impervious lot area or fraction thereof.
$g0aop
e) Developer shall reimburse City in the amount $126,g90`for this projects
fair share of the cost of Comprehensive Storm Drain Project No. 7-E25
which was previously installed at the City's expense in University Parkway
adjacent to the site)S 21 d $?C,C°o Pa /Z � '06 oab A"44&�,Q,
� S oao 6n¢ eM
� 1 y
f) Traffic system fee in the estima ed amount of $17,441 . Based on 1.155
trips per day @ $ 15.10 per new trip generated by the project. Exact
amount shall be determined by the City Traffic Engineer at time of
application for Building Permit
g) Sewer Connection fee in the approximate amount of 214 . Based on
2.343 Square Feet of Bldg Area @ $ 214.30 per 3,000 square feet or
fraction thereof.
h) Sewer inspection fee in the amount of $18.07 . Based on 1
connection 18.07 per connection.
'Estimated Constzction Cost for on site improvements is based on a list of stwxixd unit prices on rile
with the Department of Public Works/City Engineer.
Page 6 911395
r' ..•s tti�F�C�3
�r January 19, 1996
RE: Dev. Code Ammen. 95-05 R. 95-06
�...
Cond. Jse Permits 95 41
Dear Council Member; '96 FEB -1 ? ' .07
I have appeared before the council twice , speaking
against any change in the development code 95-05, issuance
of conditional use permits and issuance of exemptions to
permits for the sale of liquor. Unfortunatly I cannot attend
the Council Meeting scheduled for January 22nd and hope you
will accept this letter in lieu of my attendance.
I represent my neighbors on Grossmont and Melbourne
and, again, we most vi rrnrni1sl;* Trot°St the reconSi derati nn
B and granting of any conditional use permits for the follow-
ing reasons:
I 1 . There will shortly be 3 gas stations ( 2 existing
and 1 being constructed) within a radius of 300
feet on University Parkway. These are more than
adequate to handle existing and foreseeable traffic
flow. Putting it bluntly, we do not need the eye-
sore of more gas stations.
2. With regard to liquor sales , there will be 3 con-
venience stores and Hughes Market all selling beer
and wine; all open 24 hours a day. Do we really
need more in a space of less than 800 feet?
I respectfully request that you, please , do not turn
University Parkway into an ugly "Gasoline Alley" . We do
not need it.
We beg of you please vote against these Development
Code changes and any Conditional Use Permits.
Thank you ,
Clarence Burstein
Entered into Record st f�f 1683 Grossmont Road
CouncilftyDevCms Mtg: a San Bernardino 92407
by _' ',�k
re Agenda Item 3
City Clerk/CDC Secy f
City of San Bernardino
Entered into Record at /� y
Council ICmyDevCms Mtg:
March 4, 1996 by
n Agenda Item
Prepared statement by: Carol Baker
C ClerklCDC Secy
Read by: Administrative Assistant,Ms. Terri Lynn Ramirez My of San Bernardino
Due to illness, I am unable to attend the Council Meeting in behalf of Franchise World Headquarters
i.e. Subway Restaurants, Inc. and Union 76 Products. However,I would like to have the following
statement read to the Council Members.
I am the Development Agent for Subway representing the counties of Riverside, San Bernardino,and
Imperial. My responsibilities involve franchise sales, site approval, lease negotiations,and the
maintenance and inspection of franchised stores.
Subway units are independently owned and operated by franchisees which leads us to the discussion of
Store#2486 owned by Jim Siriani. As of February 20, 1996,Mr. Siriam chose to close his store and
cease operating at this location. As of this writing, my understanding is that Mr. Siriam plans to file
for Bankruptcy. Please take under advisement that Subway does not choose to cause any of their
franchisees financial hardship nor to enter into a situation of encroachment. With this in mind,
franchisees are notified by Certified Mail of any locations that have been presented to the Development
Office for approval. They are given ten days to register a site dispute and Mr. Siriani did just that.
A Site Survey is conducted following the guidelines of Headquarters and once completed is sent to
the Site Review Committee in Milford, CT, The contents of this package are survey responses,detailed
map of demographic area including significant boundaries,points of interest,and location of fast food
establishments and a video is included which follows the most direct route from the existing store to the
proposed location. The franchisee is advised of the dates of the surveys and invited to participate.
The Site Review Committee concluded that the development of the Unocal location would have no impact
on Mr. Siriani's store and the site was therefore approved for development.
Mr. Siriani's woes have not come from a location that does not even exist but from an indebtedness
that was brought about by buying his former partner out of the franchise. I personally completed a
breakeven analysis which details his fixed expenses and determines what sales volume is necessary in
order to maintain a healthy business. Mr. Siriani informed me that the store was responsible for
paying three notes,bank, City,and partner. This is an impossible scenario. All owners are counselled
on the adverse affect of debt loads that become the burdon of the store and eventually cause its closing
because the bills cannot be paid. On a number of occasions,Mr. Siriani asked for our assistance in
working with his Landlord,Mr. Clayton Wright,because he felt that the condition of the property i.e.
graffiti, lack of maintenance, low tenancy,and unsightly appearance was causing a negative impact to his
store.
In closing, I would once again remind the Council that we have been prudent in our decision to develop
a Subway within the Unocal station and hope that we will be able to proceed with this location.
Unfortunately,Mr. Siriam has been burdoned by a financial situation that has primarily evolved from
over-extending himself through loans. I am at a loss to understand the nature of the City's loan to Mr.
Siriani especially if it is a result of a loan pursued under the guise of Subway. At$32,353.90,the store
could be rebuilt in it's entirety.
Once again,thank you for your consideration of this matter.
&;XK43 /
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