HomeMy WebLinkAbout29-Development Services
e
e
e
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Appeal of the Planning Commission's
approval of Conditional Use Permit No. 04-30
to construct a multi-tenant commercial center at
the northwest comer ofMt. Vernon Avenue and
II th Street in the CG-2, Commercial General
land use district.
Dept: Development Services
Date: September 12, 2005
MCC Date: October 3, 2005
Synopsis of Previous Council Action: None
Recommended Motion:
That the hearing be closed, the appeal be denied, and the Planning Commission's approval of Conditional
Use Permit No. 04-30 be upheld, based upon Findings of Fact contained in the Planning Commission
Staff Report dated June 21, 2005, subject to the Conditions of Approval and Standard Requirements.
YutWv. r::::t:fr-
James
Contact person:
AT"nn T lRnf
Phnne:
3R4-'iO'i7
Supporting data attached:
Staff Reoort
Ward:
6
FUNDING REQUIREMENTS:
NfA
Amount:
Source: (Ace!. No.)
(Acct. Descriptiofl)
Finance:
Council Notes:
Agenda Item No.
~
10/0/05
e
e
e
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
AppEAL OF PLANNING COMMISSION APPROVAL OF
CONDITIONAL USE PERMIT NO. 04-30
Owner:
K & H Properties
28120 Peacock Ridge Rd.
No. 612
Rancho Palos Verdes, CA 90275
714.891.0411
Applicant:
Oirck Kim
3807 Wilshire Boulevard
No. 800
Los Angeles, CA 90010
213.383.3800
Appellant:
Robert Hampton
Northwest PAC
2557 Pennsylvania A venue
San Bernardino, CA 92411
909.266.6088
REQUEST:
The appellant is appealing the Planning Commission approval of Conditional Use Permit (CUP)
No. 04-30, an application to construct a multi-tenant commercial center located at the northwest
comer of Mt. Vernon Avenue and ll'h Street in the CG-2, Commercial General land use
district.
BACKGROUND
On June 21, 2005, the Planning Commission voted 5 - 0 to approve CUP No. 04-30 to allow the
project applicant to construct a multi-tenant commercial center with three buildings ranging in
size from 4,080 square feet to 13,430 square feet. Commissioners Coute, Durr, Enciso, Heasley,
and Sauerbrun voted in favor of the motion. Commissioners Brown, Morris, and Powell were
absent. No concerns were raised at the Planning Commission hearing.
Please refer to the Planning Commission Staff Report dated June 21, 2005, for more details
(Exhibit B).
The Northwest Project Area Committee filed an appeal to the Mayor and Common Council on
July 6, 2005. The NW PAC is asking the Mayor and Common Council to overturn the decision
of the Planning Commission and deny CUP No. 04-30. The grounds for the appeal are that there
are too many abandoned buildings and strip malls on Mt. Vernon' Avenue already and that this
proposal would become another abandoned commercial center. The NW PAC believes that this
proposal could cause businesses within older commercial centers to relocate creating more
vacancies within the older commercial centers. The appeal also expressed a concern that the
proposal would not support the surrounding retail uses that exist in the area. The details of the
appeal are in Exhibit C.
e
e
e
AP No. 05-18
Hearing Date 10/03/05
Page 2
CONCLUSION
The Planning Commission approved this proposal based on the Findings of Facts contained in
Section 19.36.050 of the Development Code, as addressed in their staff report.
RECOMMENDATION
Staff recommends that the Mayor and Common Council deny the appeal and uphold the
Planning Commission's approval of Conditional Use Permit No. 04-30, based upon the Findings
of Fact contained in the Planning Commission Staff Report, subject to the Conditions of
Approval and Standard Requirements.
EXHffiITS:
A Location Map
B Planning Commission Staff Report
C Application for Appeal
EXHIBIT A
CITY OF SAN BERNARDINO PROJECT: CUP NO. 04-30
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
HEARING DATE: October 3,2005
u
NORTH
)
I
.. C~ J .H ....,..
;
J....,
.
.
1 .fL...,
~.... IT
'. - ':.
~ !!.!!...
e
. EXHIBIT B
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No. 04-30
4
June 21, 2005
6
OWNER:
K & H Properties
28120 Peacock Ridge Road, No. 612
Rancho Palos Verdes, CA 90275
714.891.0411
APPLICANT:
Dirck Kim with The Kim Partnership
3807 Wilshire Boulevard, No. 800
Los Angeles, CA 90010
213.383.3800
REQUEST/LOCATION:
A request for a Conditional Use Permit to construct a multi-tenant commercial center with
three buildings ranging in size from 4,080 square feet to 13,430 square feet. The project site
is located at the northwest corner of Mt. Vernon Avenue and 11th Street in the CG-2,
Commercial General land use district.
e CONSTRAINTS/OVERLAYS:
e
None
".'.
ENVIRONMENTAL FINDINGS:
o Not Applicable
. Exempt, Section 15332 in-fill development
o No Significant Effects
o Previous Negative Declaration
STAFF RECOMMENDATION:
. Approval
. Conditions
o Continuance to:
e
e
e
CUP No. 04-30
Hearing Date: 6/21105
Page 2
REOUEST AND LOCATION
The applicant requests approval of a Conditional Use Permit under the authority of Development
Code Section 19.06.020, Table 06.01 (1)(9) to construct a multi-tenant commercial center (mini-
mall) with three buildings ranging in size from 4,080 square feet to 13,430 square feet. The
subject site is located at the northwest comer ofMt. Vernon Avenue and 11'1 Street in the CG-2,
Commercial General land use district (Attachment A).
SETTING/SITE CHARACTERISTICS
The property is vacant, generally flat and rectangular in shape. Surrounding the site to the north
and east are commercial retail establishments in the CG-2, Commercial General, land use
district. To the south is a vacant lot in the CG-2 district and to the west are single-family
dwellings in the RS, Residential Suburban land use district.
The project site consists of four parcels and is approximately 2 acres (89,838 square feet) in size.
The site has been designed as a multi-tenant commercial center with Buildings A, B & C located
along the southerly, northerly and westerly property boundary, respectively, with parking located
in the center of the site and landscaping surrounding the project perimeter. All building
frontages will face the center. There are two proposed entrances to the project site with one on
Mt. V ernon ~ venue and one on 1151 Street. The proposed ingress/egress will provide convenient
access to the project site. The multi-tenant buildings will accommodate general retail and
restaurant uses.
BACKGROUND
The Development/Environmental Review Committee (D/ERC) initially reviewed the proposal on
February 17,2005. The proposal was continued to allow sufficient time for the applicant to
revise the site plan to address landscape setbacks, rooflines and wall plane articulations, trash
enclosure, path of travel, and other standard requirements. On April 28, 2005, the D/ERC
determined that the applicant provided adequate revisions to comply with the required
development standards and moved the project to the Planning Commission.
FINDINGS AND ANALYSIS
1. Is the proposed use conditionally permitted within the subject land use district. would it
impair the integrity and character of the subject land use district. and does it comply with
all of the applicable provisions of this Development Code?
Yes, pursuant to Development Code Section 19.06.020 Table 06.01 (1)(9), a mini-mall is
permitted in the CG-2, Commercial General land use district, subject to the approval ofa
Conditional Use Permit. The proposed project complies with all applicable provisions of
the Development Code as shown below in Table "A".
e
e
e
CUP No. 04-30
Hearing Date: 6/2//05
Page 3
Table" A" DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN
CODE
Permi tted Use Multi-tenant center Permitted subject to Consistent
(Mini-mall) Conditional Use Permit
Height I story - 20 feet 2 stories or 30 feet N/A
Setbacks
- Front 10 feet 10 feet N/A
- Side o feet o feet
- Side (street side) 10 feet 10 feet
- Rear 10 feet 10 feet
Lot Coverage 31% 50% N/A
Landscaping 15% 15% N/A
Parking '.
Standard 133 133
-
Handicap 4 4 N/A
-
137 137
- Total
2. Is the proposed use consistent with the General Plan?
Yes. General Plan GoallB states: "Provide employment opportunities for existing and
future residents of the City and those of adjacent communities"
General Plan Policy 1.19.10 states: "Permit a diversity of community-serving retail and
service uses....in areas designated as Commercial General".
The proposed project will provide employment and retail service opportunities for local
residents and the surrounding community. The project has been designed and
conditioned to ensure compatibility with the adjacent residential area and to minimize
noise and traffic safety concerns.
e
e
e
CUP No. 04-30
Hearing Date: 6/2//05
Page 4
3. Is the approval of the Conditional Use Permitfor the proposed use in compliance with
the requirements of the California Environmental Quality Act and Section 19.20.030(6)
of the Development Code?
Yes, the proposed project is exempt from the CEQA requirements per S15332. CEQA
allows for the exemption of in-fill development projects that can be adequately served by
all required utilities and public services. In addition, all grading and construction
activities will be implemented and monitored in accordance with Public Works standard
requirements to ensure that the project would not cause any substantial nuisances during
construction.
4. Are there potentially significant negative impacts upon environmental quality and natural
resources that could not be properly mitigated and monitored?
No, as noted in Finding No.3, this project complies with CEQA and Development Code
requirements.
5.
Are the location, size, design, and operating characteristics of the proposed use
compatible with the existing and future land uses within the general area in which the
proposed use is to be located and will it create significant noise, traffic or other
conditions or situations that may be objectionable or detrimental to other permitted uses
in the vicinity or adverse to the public interest. health, safety. convenience. or welfare of
the City?
Yes, the location and operating characteristics are consistent with all provisions of the
Development Code in that all activities will be conducted within an enclosed structure.
The proposed project will be compatible with the area and will be a complementary land
use to the surrounding retail commercial activities. The proposal is a community-serving
retail facility, which will attract people from within the City and the surrounding area.
Since the proposed project is consistent with the General Plan and Development Code, no
land use conflict or environmental adverse impacts will result from the construction and
operation of the proposed project. Furthermore, based on the project design layout, the
proposed project will not adversely impact adjacent residential neighborhoods.
In addition, staff recommends that smoke shops, single-price overstock/discount stores,
tattoo parlors andlorbody piercing studios, second hand stores/thrift stores, check
cashing, cash advance and loan facilities, convenience store within one a mile radius of
another convenience stores, pawn shops, automotive stereo shops and tire stores under
5,000 square feet not be permitted and has included that as a condition of approval.
The project-related noise impacts are not expected to create significant noise levels.
Although the site is adjacent to a residential district, the proposal is providing a 10-foot
landscape buffer zone and all uses must be conducted within a fully enclosed structure.
The proposal complies with applicable Code requirements.
e
e
e
CUP No. 04-30
Hearing Dale: 6/2//05
Page 5
6.
Is the subject site physically suitable for the type and density/intensity of use being
proposed?
Yes, the site is physically suitable for the type and density/intensity of the project being
proposed as evidenced by project compliance with all applicable Development Code
Standards as noted in Item I, Table "An above. There are no physical constraints that
would limit development of the site as proposed.
7. Are there adequate provisions for public access, water, sanitation, and public utilities
and services to ensure that the proposed use would not be detrimental to public health
and safety?
Yes, all agencies responsible for reviewing access and providing water, sanitation and
other public services have had the opportunity to review the proposal and none have
indicated an inability to serve the project. The proposal will not be detrimental to the
public health and safety in that all applicable Codes will apply to the construction of this
project.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of a Conditional Use Permit.
RECOMMENDATION
Staff recommends that the Planning Commission. approve Conditional Use Permit No. 04-30
based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of
Approval (Attachment C) and Standard Requirements (Attachment D).
Respectfully Submitted,
Jar~ C}!~fw.:fY
Director of Development Services
<2"
Senior Planner
Attachment A
Attachment B
Attachment C
Attachment D
Location Map
Site Plan, Landscape Plan & Elevations
Conditions of Approval
Standard Requirement
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP No. 04-30
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 6/21/05
'L.
-
~ ~"I Ji I ,.'
) "
f_UMn _TAL Ii I I }
~"il - (...~ i ," 1--1 ~ ff~'. :'Ill.
i 1 i If l.j :-
'= 11 G;J" -. _ "'\1
r .u... ~ ,," ..... II
1 l r-- I ,
~ IILI'" I '1" n"~ :: Ic;:JO ~
~ ".. "II ~ _. ~ I L_~~ 1[::
I ...~,. ,) II r' ~C ~ I~/ :11.. ·
i~ ~!!U :~~ I J[! '"-. N ~ -- ~il."
'. - ~.. I II~r.J.151 ,: 1,..11 '
- - -, Jil!(j!~" 3
~ ~" ! ~I c:
~ ~ ,~ -('R~AAn" ~ JJeet- ~ '::" I
lJ~ _l ~ ., ~A~~~ .
~ P.. .i-- -. J ~ .~ C2..M I"
T
~.. L~I 'Ml ~ 12.~'_a.'V[ .-
~r' f'f R:i ~i~" I
'" !t'" -I '-' I
:f. "N.ft. II ,- -< .. = I: ·
tf-' ' . t---: - =
. ftt1nOll /ff' !T ~'- !
I~ ~. V~'"- ...y~~z non "
Iv
u
NORTH
1
.
..
,-
-;:.. -
Ei
I~
I
....
~
\V
_, I-
t'~
~
Eii.
\
.
: -I
:: I
I
u
.
. ,~
J
!
H
e
e
(='1
I!!!D \!?
~ 0
<--:
= -r-
I!!!l
@ >,
<(
MJl, "5'
0'"2
e
A TT ACHMENT B
I:
~li I'
ffi 5 I,;:
" ~
z II: ii
<( .. !.
-: ~ II!
o '
>~ !:
,0 Ii
ii
I:
"
!'
n
i,
!'
L
"
I'
r ----.- _..- - .......---.-... ... .-.-.....---.---.----.... .-.-.-7----'.---------. ---- ---- -.,-...- - - - i--- - .'.....-.-E:.:
: .......,.., I'
, I
, I
~ i("-..~:::1;':-~;l::;~=:~;::~::_~:.:=;:::_==:_::-=-=::~_:,'-'-fl.
'<IIi . -l~ r. ! ='lh I~ if! I ~:
", II :< !!, I I' I! I.' i I ;'
gi = ~l'~! '"i!:" " I I l'
, ',," ." "", "1' " II .1.... I . I I"
...... ~!.. .. .., ..:l: i ii "'4! . I I: .. .,
ii ;ig!i~~i~~~!;S' ;1:;1:1 II jl I,: Ui! ;! I;: illl : ~r
~ !:i:,' ~ i~!;~llhll!lll ;!', i " ii i '
::Ii , "" 'II' ',' '!' I! I I ,'.
;: Ii:. ~, !I 111=llhilJl " i ~; ~ I! I,' I,' "i'
I '1ft Ili- -I" lIIfi .!=-- Irnl w Ii:
l:; , !l ~; ; :!," ,'!!.,'!I"" 'I' '-I Ii i I"' II II I
w '1' 'h.,'"",,, "/' I.,al' 1i.,I..
" I II'" ,,"', ,~ . . I . 'I Ii
a .,:: ii,: \' !.I::!,'::!,:.,: II i I i; i ,'!; I' ('! " i
II:: !l :ill' "",,, ''','! , i' '" . h .... .
A. ~~!n gtl ~~..~di...;t,,;;5 eGG ee00Ge(fl(fll!l@@(fl~
, ii! -i
I ~ j. i! iiillli
i!nl!mmm
-
"'i
L
j;
l!
!
Ii
i:
p
I
I'
,.
Ii
!:
i1
i
,
i!
:j
'i
Ii
d
"
"
:!
~l
~~
,
,
:!: :
I~ ;:
~i';!,_ '
Ii, I :.<__ \
_".: !' Ie I
._." : Ii i Ii
:\~\!=: II
i: t...?::: .~
z:'
II: Ii :
ll;-L::: I:
::111,
lH!l I
-,,\iii=
\I: 1
If~!
: I:
, .:
iSI:
~
~
~
a:
c
II
..
I:
\'
Ii
1:
,.
!:
i:
..
L
i'
Ii
i;
,
, .
,--,;,
1:"'""1
:__il
..........:1
..: !l
I: :1:
: lli
~l
t...~) N
:--a~1
~
..eo":1 I
: :j!
: -,I I
:_.....,:i I
,--;; I
; I
'I I
;\ I
,I
:::::.:: I
,...._"i I
:'--q I
:_~:I"
:~Il
, :, I
:...._,1! I
,-"'" I
I
.,
,
"
"
, :!
::::=:~
;
,
,
,
i
~p
II! "
i1(~1I
oo!
~...
..,,-
w"
z
o
,
- .---.-.- 4--.--- -.-.-.--.--.-.- -.-.-.- ---.-- -.-.- ---;jIjijjjjO'--'--- -.-..,. - - ---.-.-.iiii[.-----.-.-
I
I
. .
'P' ,
I
I
~ .j
.',
-,.
i I"
Iii
~
w
-
.
~
i i
I
....
a.
UJ",
t::. ~
rJl~ ..
ri: , ~
<( i I
i!:
::;
::;
UJ ~
a:
a. "
~
,
,
.,
,
,
,
,
J! I
I
II!~
II.d
"Un
!Ill
, lu
11111
,:.:.,::
fUll
e
..----
..-<l
I .
-r,-.-t-.----
...v! !
,1.
. "T-"-----
. ,
!
._.-~
$
--<l
~
...J
Il.
0::
. -.Q 9;
LL~
: i
.------+-1--
"----0
e
'#i
.,,1
n____O
J
-:~........
~ ~
b
. .
.
e
I
. I I
ft)!i .::iL I t'.;~
w~~i. gl~".~1
....I!l..;: I.....r i Ii..
e: ll' - . .. .. .. '" I:' to
i'I!liH~Pi
p; n"q;.
>1:'~I~i!~:""'\t~
IU ' I . f .' r . . - .
~ 800000eee@@
e
........
-
i
I
,
!
I
~
h
Ei
jl
~~y
~~
~
IZSI
I.
'."
"i
- i ~
ijt
Ui
1;
~
Il. ..ji
o "'Ig
~ hi
o ~I!
~ ;!'I
W lI:i
i! A I
~~fll I
1.1.1&1 to .
i
.
.
I
I
.
.
. I
I
.
I
I
~ I
I i
~ Ill!
~ ~ ! .
u .
;, ~ ~
~ ~ I
Ul ~
Z
~
J !
II !!
Is.d
!Uu
II
III
hr;
l!J
e
.
1
.~.,--
, ! i
.} I:
._-----....:.....---~-
i
.
$.
: Ii
---..
-----t----~---- -----41
0>-
..
.
'V\YNON~,.~
e
.
!
I
. i .!
Ill! i .! ,il..
.. ..!:' 6 Ii t
l!!;H.o! il:
o lo' ~ e Co IS' ~ .... It ~
z;P!B n~i
>- w ... i... I C It ..
W,I~IL "~.
:.l: e88eeee00@0
e
..-
..
:,
i
"
0 ~
~
.
~
t
~
;
.
-
~
!....
;i
U
~
I ~
" i~
i 'V "
~ " .
,i .. I
10
~.
~
Q. ..it
o Sa!
~ ill
c ,.II'
...J ..,
W "I
H
8~~ I
~ ~ III I
.
.
I
.
.
. I
I
.
.
. I
I
.
I
I
~ !
i I
~ :
~ b I!
Q. . ; I'
. ~ a
0(. I
. r. .
Cl - !!:
~ i i i
ill d
" I
~ ,
I
I
I
.
i I
. i
il!~
~I.d
,"Un
II
II
eli
II
.
.
.II
~ '.' ~
Ii!
> ill I
I ~ ~.
.
I' iI
!
!
I
I
- ;:;
c g _ ~ Q ! ! i
I ~ i . . . ..; ..
13,iLn1!!H
l-;:lS;~~I~I.~8l
· . II - . . _ _
0.: i.. A I ~ ~ i ," ;
Z!'i;jiio'L
~ ' i ! ~0eEle0@<D
lC 000",
e
:.
---..
\ !;: .
S . E9
- I --4
_Q l~~.. ~ ~
-----! ! i
- ---=-. -.--. I
__h __..
; .
.
_'1'1'1
~~
~
~I
w
~
-
,- ~.
I
i
~ ;I!
8 Iii
~ n
rri
...J -5
W ".
-
p U
c ~; I
b ~ I
II ~~ illl!l .
~w .
\..;1 - 11
1 .
. I
. I
.
.
. I
I
.
- I
I
I
~ 15 ;
~ I I
~
w
ill.
, !l ~l:
i i
&t"; -I
. .. ~ .
CIS I!
I Z h
-~
~&l ~ I
::::l !i I
III
- z I
~ I
I
.
I
.
J! I
!
tni
f 'IJ~
.II 5.
II
II
..
II
~
~"l I
~. -J
,-----
I
,
. I
I
I
I
,
,
... I
.... . I
,
~H
:..~f
'!
"
I ' ·
~ ~ ~ ....
; ; : II
>- ~~* ii
rt ..
C
2
2
i ~ .-
~! ' !
u' I ' I I ;
..! . I I .
CI S I ~ 15,,! Ii i= ~ j-
~ I" lie II! 'II hllll"ll!
; li;!!,!;;!l:-,!':!'I,"!:
~ 1$ ~ ~ - - ....!I
o.o~
~
I
~ ill
~
.
"
0
i
!
.. I
_ ., -
.. .., .,
i I_ e:
. 'II.
!Ii-: C
I l
d
~f
Ii
..:
,
,
,
,
t
,
,
,
~ ~
lL I
Ul I
tl
:g~ ~ I
~.. ~ I
.. I
~B I:
z !!! 1
- ,,; I
:Ii ",
::; ,01
II! ~ I
lL ~
.
.
,
I
.
I
i
I
- I'
J. R I
Iltq II
UI
III
.
I:
Ii
,
,
,
,
,
'+
,
,
Ii
.:
t'
~
, .
,
,
.
I
:"ai\
,_of
L
lji
Ij'.
:\~I\
:....:.:::i~::,...:;~)i
i
i
i
,
i
!
-\.._~J.._. -
-_._.--.~t-'I
,
,
. nJiiiii_n --~.-- :
ifji,------. :1:
. _.______n.___n_n______~;
,
,
,
,
,
----....-
.
II
.,
u
.
e
.
ATTACHMENT C
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 04-30
I. This approval is for construction of a multi-tenant center with three buildings
ranging in size from 4,080 square feet to 13,430 square feet for retail and
restaurant uses. The project site is located at the northwest comer ofMt. Vernon
A venue and 1151 Street. The hours of operation shall be shall be seven days per
week from 8:00 am to 9:00 pm.
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
this application 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: June 21, 2007
3.
The review authority may, upon application being filed 30 days prior to the
expiration date and for good cause, grant a one-time extension not to exceed 12
months. The review authority shall enS\lre 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.
e
e
e
CUP No. 04-30
6/21/05
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:
a. On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
c. Reconfiguration of architectural features, including colors, and/or modification
of finished materials that do not alter or compromise the previously approved
theme; and,
d. A reduction in density or intensity of a development project.
6.
No vacant, relocated, altered, repaired or hereafter erected structure shall be
occupied or no change of use ofland or structure(s) shall be inaugurated, or no
new business commenced as authorized by this 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 ne-cessary. 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 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 is
important considerations to the developer because they will delay the issuance of
a Certificate of Occupancy until they are complied with. Any exterior structural
equipment, or utility 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.
Signs are not approved as a part of this permit. Prior to establishing any new
signs, or replacing existing signs, the applicant shall submit an application, and
receive approval, for a sign permit from the Planning Department.
e
e
e
CUP No. 04-30
6/21105
9.
Signslbanners may not be placed on or over the roof or within landscaped areas.
Banners and other signs for special events (i.e., grand opening) will require a
Temporary Sign Permit to be approved by the Planning Division prior to
instanationlbanging. Signs and banners may not encroach into the public right-of-
way.
10. No painted window signs, roof signs, permanent sale or come-on signs will be
permitted at this site
II. An landscaped areas with grass shan be planted with sod.
12. The landscape plan shan include one 24" box tree for every four parking spaces
(employee and customer), consistent with the requirements of Section
19.24.060(6)(B) and Chapter 19.28 of the Development Code.
13. An lighting fixtures shall be shielded to confine lights within the site only.
14. A bicycle rack shan be instaned in a convenient location visible from the inside of
the store.
IS. An public telephones shan be located inside the building and shan be fixed for
outgoing cans only.
16.
The applicant shan be responsible for regular maintenance of the project site.
Vandalism, graffiti, trash and other debris shan be removed and cleaned up within
24 hours.'
17. If the color of the building is to be modified, the revised color scheme shan be
reviewed and approved by the Planning Division prior to painting.
18. Ifvending machines (snacks, sodas, etc.) are located on the site, they shan be
located inside the building.
19. This approval shan comply with the requirements of other outside agenc'ies (i.e.,
San Bernardino County Health Department, Division of Environmental Health
Services, and California Board of Equalization), as applicable.
20. Smoke shops, Single-price overstock/discount stores, Tattoo Parlors and/or Body
Piercing Studios, Second Hand Stores/Thrift Stores, Check-Cashing, Cash
Advance and Loan Facilities, Convenience Stores within a one mile radius of
another convenience store, Pawn Shops and Automotive Stereo Shops and tire
stores under 5,000 square feet as described in the Ordinance No. MC-1188
adopted on October 4, 2004, as amended on June 6, 2005, shan not be permitted.
21.
Construction-related activities may not occur between the hours of 8 pm and 7
am. No construction vehicles, equipment, or employees may be delivered to, or
arrive at the construction site before 7 am or leave the site after 8 pm.
Construction activities may only occur Monday through Friday.
e
e
e
CUP No. 04-30
6/21105
22.
Any security gateslbars, doors, window bars shall be installed on the inside of the
structure only. Video surveillance equipment instaUed/used on the exterior shall
be painted to match the structure, or treated to blend with the architecture of the
development.
23. Outside displays and/or storage are prohibited.
24. Submittal requirements for permit applications (building, site improvements,
landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shaU
include aU Conditions of Approval and Standard Requirements issued with the
Planning approval.
25. No final Certificate of Occupancy shaU be issued until all conditions of approval
have been completed.
26. This permit or approval is subject to the attached conditions or requirements of
the following City Departments or Divisions:
a.
b.
Plan Check Division
Public Works
Fire Department
Public Services Department
Water Department
c.
d.
e:
ATTACHMENT D
e
SaD Rer
City of San Bernardino
ST Ai'o'DARD REQUIREMENTS
Development Services/Plan Check Division
.
Property address:
DRC/CUP/DP:tC-t.l P NO, 04- -:::'0
.---
DATE: 4- / 2-b / t' :;;.
NOTE; NO PLANS WILL BE ACCEPTED
CHECK WITHOUT CONDITIONS OF
IMPRINTED ON PLAN SHEETS.
Submit 6 sets of plans, minimum size IS" x 24", drawn to scale. If plan check is for
expeditious review, submit 6 sets. The plans shall include (if applicable):
FOR PLAN
APPROV AL
a.
e b.
c.
d.
e.
f.
g.
h.
i.
site plan (include address & assessors parcel number)
foundation plan
noor plan (label use of aU areas)
elevations
electrical, mechanical, & JiJ\lmblng plans
detail sheets (structural) -
cross section details
show compliance with Title 24/Accesslblllty (disabled access)
a plan check deposit fee will be required upon submittal of plans.
CaU Development Services (plan check) 909-384-5071 for amount.
1. The title sheet of the plans must specify the occupancy classification, type of construction, If
the building has sprinklers, & the current applicable codes. ,.
2. The person who prepares thel1'1 must sign the plans. Also, provide the address & phone
number of that person. Some types of occupancies require that the plans are prepared,
stamped, and signed by an architect, engineer, or other: person licensed by the State of
California.
3. For strudures that must include an engineers design, provide 2 sets of stamped/wet signed
calculations prepared by a licensed architect/engineer.
4.
Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance
forms are required to be printed on the plans.
e
5. Submit grading. site. and/or landscape plans to Public Works/Engineering for plan check
approval and permits. For more information, phone 909-384-5111.
300 N '0' Street San Bernardino CA 92418
909-384.5071 Office
909-384-5080 Fax
e
e
e
6. Fire sprinkler plans, fires sup\lression s)'stem plans, etc., shall be submitted to the Fire
Department for plan check approval and permits. For information. phone 909-384-5388.
7. SICns require a separate submittal to the Planning Division for plan check approval and
permits. For Information, phone 909-384-5057.
8. Restaurants, food preparation facl\lties, and some health related occupancies will require
clearances and approved plans from San Bernardino County Health Department. For
information, pbone 909-387-3043.
9. Occupancies tbat Include restaurants, car washes, automotive repair/auto body, dentist
offices, food preparation facilities or processlnc plants, etC. may require approvals and
permits from San Bernardino Water Reclamation. For Information,phone 909-384-5141.
10. An air quality permit may be required. Contact South Coast Air Quality Manacement
Division for information, pbone 909-396-2000.
11. State of California Business & Professions Code/Contractors License Law requires that
permits can be issued to licensed contractors or owner-builders (that are doing tbe work).
Contractors must provide their State license number, a city business registration, and
workers compensation policy carrier & policy number. Owner-builders must provide
proof of ownership.
".....":.\
NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMA TEL Y 4-6
WEEKS FOR 1 ST CORRECTIONS, EXPEDITlOUSREVIEW IS APPROXIMA TEL Y 10 woRKING
DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND
DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT
CORRECTIONS.
Comments:
300 N 'd. SIReI Sail Bernardino CA 92418
QIlQ.1R4.5071 Office
909-384.5080 Fill
e
e
e
CITY OF SAN BERNARDINO
Development Services Department - Public Works Division
Standard Requirements
Description: Construct Three Retail Buildinl!s from 3.480 SF to 14.600 SF
Applicant: The Kim Partnership
Location: Northwest Corner of Mt Vernon Avenue and 11 tb Street
Case Number: Conditional Use Permit No. 04-30
1. Drainal!e and Flood Control
a) 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.
b)
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.
c) If site drainage is to be outlette9 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.
d) The applicant shall submit a Storm Water Pollution Prevention Plan
(SWPPP) an4 Water Quality Management Plan (WQMP). These plans
shall be approved by the City Engineer, prior to issuance of any permits
authorizing land disturbing activities. (Refer to the City's web page at
www.ci.san-bemardino.ca.us - Departments - Development Services -
Public Works for templates of these plans).
e) A "Notice of Intent (NO!)" shall be filed with the State Water Resources
Control Board for construction disturbing I acre or more of land.
f)
Prior to issuance of a grading permit, the City Engineer 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,
e
e
e
Project: Three 1,.,";1 Bu;ldin2s at the Northwest Comer of Mt. 'v.. non Avenue & II d, Street
Case No. CUP 04-30
Page 2 of7
including graded areas which are not proposed to be immediately built
upon.
2.
Gradine: and Landscaoine:
a) If more than I' of fill or 2' of cut is proposed, 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 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, a grading bond
will be required and the grading shall be supervised in accordance with
Section 7012(c) of the uniform Building Code.
d)
If more than 1,000 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, stn:et cleaning, etc. may be required by the
City Engineer.
e) 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").
f) . Wheel stops are not permitted by the Development Code, therefore, use
continuous 6" high curb around planter areas and areas where head in
parking is adjacent to walkways. The parking spaces shall 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.
g) Where parked cars overhang walkways, the walkway shall be a minimum
of 6 feet and 6 inches wide.
Project: Three komil Buildines at the Northwest Comer of Ml. V c..non Avenue & Il'h Street
Case No. CUP 04-30
Page 3 of7
h) A refuse enclosure 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.
e
i) The Refuse Division shall approve the number and placement of refuse
enclosures.
j) 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.
k) All walls shall be constructed of decorative block with architectural
features acceptable to the City Planner.
I) All fencing shall be shown and detailed on the on-site improvement plan.
m) Interior fencing material within 5 feet of the structure shall be either non-
combustible or I-hour fire rated. Vinyl fencing is not allowed within 5
feet of the structure.
e
e
n)
The on-site improvement plan shall include details of on-site lighting,
including light location, type of poles and fixtures, foundation design,
conduit location and size, and the number and size of conductors.
Photometry calculations shall be provided which show that the proposed
on-site lighting design will provide 1 foot-candle of illumination
uniformly distributed over tl!e surface of the parking lot during hours of
operation and 0.25 foot-candles security lighting during all other hours.
The design of on-site improvements shall also comply with all
requirements of The California Building Code, Title 24, relating to
handicap parking and accessibility, including retrofitting of existing
building access points for handicap accessibility, if applicable.
A handicap accessible path of travel shall be provided from the public way
to the building entrance. All pathways shall be concrete pavee!. and shall
provide a minimum clear width of 4 feet. Where parking overhangs the
pathway, the minimum paved width shall be 6 feet.
Where the handicap accessible path of travel crosses drive aisles, it shall
be delineated by striping or textured/colored concrete pavement.
A reciprocal easement shall be recorded prior to grading plan approval if
reciprocal drainage, access, sewer, and/or parking is proposed to cross lot
lines, or a lot merger shall be recorded to remove the interior lot lines.
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.
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
0)
p)
q)
r)
s)
t)
e
e
e
Project: Three kc,ail Buildines at the Northwest Comer orM!. "c.non Avenue & II'" Street
Case No. CUP 04-30
Page 4 of7
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
maintenance district, in which case, a separate landscape plan shall be
provided.
u) 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. The Real Property Section for execution by the property owner
and shall ensure that, if the property owner or subsequent owner(s) fail to
properly maintain the landscaping, the City will be able to file appropriate
liens against the property in order to accomplish the required landscape
maintenance. A document processing fee in the amount of $200.00 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.
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 provide.d 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.
g) This project is located in the sewer service area of the East Valley Water
District; therefore, any necessary sewer main extension shall be designed
and constructed in accordance with requirements of the East Valley Water
District. .
e
e
e
Project: Three k..ail Buildinas at the Northwest Comer of Mt. V.. Ilon Avenue & II" Street
Case No. CUP 04-30
Page 5 of7
h) Utility services shall be placed underground and easements provided as
required.
i) A street cut permit, from the City Engineer, will be required for utility cuts
into existing streets where the street is not being repaved as part of the
required improvements.
j) All existing overhead utilities adjacent to or traversing the site on either
side of the street shall be undergrounded in accordance with Section
19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions) of the
Development Code.
k) 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).
I)
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 ImDrovement and Dedications
a) All public streets within an adjacent to the development shall be improved
to include combination curb and gutter, paving, handicap 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, shall be
accomplished in accordance with the City of San Bernardino "Street
Improvement Policy" 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:
e
e
e
Project: Three Ke,ail Buildin2s at the Northwest Corner of Mt. V <. non A venue & II" Street
Case No. CUP 04-30
Page 6 of7
Street Name Ril!ht of Wav(ft.) Curb Line(ft)
Mt. Vernon Avenue 44' (2.75' additional) 32'
11th Street 41.25' (Existing Okay) 27.5 (Existing Okay)
c) If existing curb & gutter and sidewalk are in poor conditions, they shall be
removed and reconstructed as directed by the City Engineer.
a) Construct sidewalk adjacent to the site in accordance with City Standard
No. 202, Case "A" (6' wide adjacent to curb).
b) Construct Handicap Ramps in accordance with City Standard No. 205 at
all curb returns within and adjacent to the project site. Dedicate sufficient
right-of-way at the comer to accommodate the ramp.
c)
Construct Driveway Approaches per City Standard No. 204, Type II,
including Handicap by-pass. Remove existing driveway approaches that
are not part of the approved plan and replace with full height curb & gutter
and sidewalk.
g) Existing streets adjacent to the- subdivision shall be rehabilitated to the
centerline of the street in accordance with the requirements of the City
Engineer.
i) All Curb return radii shall be 25 feet minimum.
k) Install Street Lights adjacent to the site in accordance with Cit)' Standard
Nos. SL-l and SL-2.
8. Reauired Enl!ineerinl! Plans
a) The rough grading plan may be designed aJ;ld submitted in combination
with the precise grading plan.
b)
All public improvement plans submitted for plan check shall be prepared
on the City's standard 24" x 36" sheets. Grading and on-site improvement
plans may be submitted on either 24" x 36" or 30" x 42" sheets. A
signature block satisfactory to the City Engineer or his designee shall be
provided.
e
e
e
Project: Three Retail Buildin2s at the Northwest Comer orMt. VOl non Avenue & 11'" Street
Case No. CUP 04-30
Page 7 of?
c) 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.
d) Electronic files of all improvement plans/drawings shall be submitted to
the City Engineer. The files shall be compatible with AutoCAD 2000, and
shall be submitted at the same time the final mylar drawings are submitted
for approval.
e) 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
htto://www.ci.san-bemardino.ca.us/site/ow/default.htm
9. ReQuired Enl!:ineerinl!: Permits
a) Grading permit (If applicable.).
b) On-site improvements construction permit (except buildings - see
Development Services-Building Division), including landscaping.
c) Off-site improvement construction permit.
10.
Applicable Enl!:ineerinl!: 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 fee for each set of plans will be required at time of application
for plan check.
b)
The current fee schedule is available at the Public Works Counter and at
htto:/ /www.ci.san-bemardino.ca.us/site/ow/default.htm
c)
Please check with the development review section of the Public Works
Division at 909-384-5110 for current in-house plan check turn-around
times.
d)
Expedited plan checking is available. A deposit in the amount of 150% of
the estimated plan check fee for each set of plans will be required at time
of application for expedited plan check.
CITY OF SAN SER
STANDAR
NARDINO FIRE DEPARTMENT
D REQUIREMENTS case:(:r 04, ~
Date: 4 28/'3
Reviewed By: r't6Yl )
/vlr lleP..llOfJ -f-d~~
.,--
0T
GENERAL REQUIREMENTS:
J p. rovide one addiUonal set Of constn:ctio:1 p:;ll"!~ Ie tjl..,!dl,1Q .::'M Safety ft.r fir!! Oepartment use at lime Of plan check.
Contact the City of San Bernardino Fire Oepanlll~r,t a; ,:';'0~! 384-5585 tor specific detailed requirements.
The developer shall provide for adeql.o,:ue tlfa lIo'v ~.! ,wtnd,"':" jlrr'?- flow reaujrern~mts shall be based ~n square footage, construction features, and exposure
. Information suppUed by the developer and !ru:Llll t,n ;,::c::,:':-l-:! PI10r to placlO;; combustible maleNals on site.
)Y,ATER PURVEYOR FOR FIRE PROTECTION:
nn The fire prolectton water service for the area of this pr.:;je:t IS, ~rJ"idE'd t.y'
l(~ San Bernardino Municipal Water Depanment- nF."';lnt:arnl9 ,90S; 3f.4.5391
"'0 East Valley Water District-Enginetering (JO~'1 da3.(W~f
o Other Water pulV8yor.
Phone:
PUBLIC FIRE PROTECTION FACILITIES:
ui' Public lire hydrants are required along streets at mte. vals not to exceed ~;,j feel for commercia: and multi-residential areas and at intervals not to exceed
y.e 500 feet for residential areas.
lJl' Fire hydrant minimum flow rates of 1,500 gpm at a 2:C psi r, ,.nlmum residual pressure ara l8Quirad tor commercial and multi-residential areas. Minimum tire
f<, hydrant now rates at 1,000 gpm at a 20 psi min:rnum residual pressure are ~eqUlred for resiciential areas.
D Fire hydrant type and specific locatlCn st-rall btI :cintly dz:erm:neci bjl li-'a City of San BernarQif~~ FiroS Department in conjunction >Mth the water purveyor. Fire
?C hydrant materials and installation shall conform to t'1e s!anoards and spt:eificatlons 01 'he water jJl,;r\'$yor.
lit( Public fire hydrants. fire services. and public wa!c: laciHt1es necessal) to mee! Fire Dapiart:l1ert ''*1ulremer:ls are the 08veloper's financial responsibility and
r shall be installed by the water purve.....,Jr or b~' the d€;v",.oper at the Vwaler j:lurl,'eyo(s disCrE:ti:.::~. COI.tact the water purveyor indicated above for additional
information.
ACCESS:
. bJ Prov;de two separate, dedk:a.tad rCl,o:ll3S (.of ingres::::.'egte~~ t'J the propeny e<1trance. The rouMs shall be paved, all weather.
..Ji!:S- Provide an access road to each Dulldlng 'fir hre =tc,~~r3:'~;:';, Access rlladway shan have an 1U.we3thar driving surface of not less than 20 feet of uflOb..
structed width.
o Extend roadway to within 150 f::!et fA ai' rnr1.ions all":.;> p.xterior w,;l! of aU single sto('; olJildin~s
o Extend roadway to within 50 !aet of tr.e c.\lell()r 'N;,.;.i .")i .;iI, m'./:ij.lla-;>lc~1 bt.ildin~5.
o Provide "NO PARKING- signs ~.:hE:r,l'>;"er parlcing ':., \,'ehll..-!es v.'OiJiJ p~lSf,ibla r~'J..:::!r,' cle:,i,,':;.rlCe cl eCC8SS roadways to less than the required IMdth. Signs
are to read "FIRE LANE-NO PA~r"NG......M.C. Se."; 1~ lti..
o Dead-end streets shall not eXLecd s'n >2~t i~ 11:"'"\".;; .-, ~n: ~<," hCl....?;:; nhjrf~!..lm1'"\ :,:.'..:.' Ve"~,',,;= t~rnar,,\Jncl
o The names of any new streets (pubhe c;r rr;~at9\ .~~'03.lj oe submlttec tli !~.~i'e (;erart,"(.( ''':,j aWi,~..al.
SITE:
~. . All access rOadS and streets are t;) t~ ".':',~3:'u'~b~ ,.:-:::: '.sa::il.: r~lor i::. corr.~~it, "~\..o:~~..t, !C"(H;.
Private fire hydrants shall be instaile..J to 1.110;"'-,1 daen t v:~ln~ located rT:~;e thar, 1:(l f=tl 1r:";1 ....~ Clerb line, No fire hydrants should be within 40 feet of any
elderior wall. The hydrants shall be "'It Sarrel t:.,J9. -.\'Ith ens 2' t inch and 4 inch (,...:t1f:t. ar:J dCP,'j"'P~ by the Fire Department. Areas adjacent to fire
hydrants shall be designated as a "NO PARKtNG~ z,y,e by p;!intirg art 8 inch wics, ?~d stripe ;(>(! f; fASt in each direction in front of the hydrant in such a
manner that rtwill not be b1ock..ob', parYod,""ici., L"".''5IIC :.ein whl', 6'b'l ". 'PU:/IN; SIl1iU. FG' PfaA/:E!!~"'o7 /.r;:PII24
~..,.t:,.I4'A-ttls ~ ~ rtN-JJ 10 -r~ ?I~~_Vr:t pr Poe APPl!.rJv'/U, ~ PbRrr. rr.s .
BUilDINGS:
Gf Address numerals shall iJe lnsla:led ('n 1he tJ'.!!.11(":- u{ tt: 'r -'''''It 'J:' Cth~f "",r;'proved IGCa~10,' Ir, !)qcn a I'11i'lM&r as t<.; he visible from the frontage street.
Com-
r mercial and multi family address n,'fTI'>,A"3 5n:: ~..i. :5 u"'r.l,c' ;3,11. slr.~ie !'il.fr,.:y address ;,I1;~,"~,d.ts ~hctli be 4 inches tall. The cotor of the numerals shall can-
Irast with the color of the baCkground,
rJ Identify each gas and e~ln~ meter with t"'a 'l!..:ti~':H w'l'i;.co ..r,.t Ii Sf=r"7'i --
.tv-- Fire extinguishers must be instaUed prior ,.~ the +.,w'dhJ tJ€:II'r..' rc,;..u":l1 The n.!r,;,n',IIT; 'al .~: 1"[ af.'i 'Ire 91(1inglJiWr is 2A lOB/C. Minimum dislribulion of
.7" lire extinguishers must be such 1~3::'1;': illt')"l(lr .,:,...', :':. .,C' c":l;um,; is YO:'! ':" le,s.{ Ira\, ~i ,'jw:I;._ _"C .1.')1';1 '! liu extir,puisher.
o Apartment houses with 16 or more un:t,., '~OtOJI~ t.f.'.'L ~ .!ar ;~r,' ')r C'lOrE' ..I,I~S, or 3pa:t."ent~;:J{ (l.;)fels ::n(.oIe1sj three stories or more in height shall be
equipped Mth automaoc fire sprink~~:':> Cl:'~,.,~ "l..(' 1t' - . ,r,,~f_.
Q' All buildings, ovar 5,000 square f,~r.: ~.'1d': . _. '.-.. ,<;..'rj'~, : :'''' :;~Jflll".~~
/'- vacant over 365 da~'S.
Ed'- Submit plans for thp lire :orc,t':h;tl('.! :-, <;:e.-. ~':
"'0 Tenant improvements In all spr.nki'2'u' ~>.:I;
o ProVide flr8 alarm ~rt:q.JI{ed thro'.lg.. Jl' ,
I FIre Departmen, connectlo:1 te. S~fI: :,?, .f '
Fire Code PermiT requlre~ ap~ly..1 : ' I . ,t .
. Fire Spnnkler mOhJtonng reqtJI ed . ,,)'l~ "1..":,; .",""
Occupant load,
;.l::.!~;r.~.j ('J f'~,;?.t. st?lloards, This includeS existing buildings
,:fd ,;' ',,; ,..," ,-I' b~9'''' "'1 ;,.(); .,11 pi,.,," ')~ lh.::, <;y.~tem. Pe"1llit required
., ',~t: ~'", "; .:>':10'. .~,~ ,.:c~';"1,i'l,-'i,1 :.:i.;.r:r"siar1l.fcors(rIJc:ion_ Pennitrequired,
"! ;~, ~ir'~~~':,;,,; ; _ 'd :":t:~"'r1m..~'1i O:.~I-,_'I," start ,.;1 inSfall.ltj'ln Permit required.
!_F,~I,)"~: .'<;:.,'1, ,-;1,,"_"; '::m,l~n a_I Fi'" Jt:!ti.;nlneill <:I~r,roved I':.'calion.
,,' ',-':',J", ,"" /'11iy ~~ ,e:'6'9'I,'~.P
,;01-', ....l'.. '.:.'~; ! ~ lJ.;-~?i.r;:en~ pMoJ:O 'fie sta" uf constl'uc.1i'Jr";. Penr.it required.
-..-...-.-.. -,-. -----,-
Note: The applicant must (8q1.'!St. ,r.'i,nt r;. : ,,' t::': ;,; ~,:: ~'POJ."I, .:"'l' re~.;;rerr-ents,
ADDITIONAL INFORMATION:
7?LoV10fE
e
FPB17r'(03-03)
e
City of San Bernardino Public Services Department
Development Project Conditions of Approval
300 North 0 Street - 4th Floor
San Bernardino, CA 92418
e
Project Number: CUP 04-30 Project Planner: Aron Liang Review Date: 4.28.05
Project Description/Business Name: construct a 24,000 square foot commercial center
Project Location/ Address: NWC of Mt. Vernon Avenue and lIst Street Service Account:
Reviewed By: e-mail: Phone:
909.384.5549 #3162
. Standard Development Requirements
Project shall meet all applicable Standard Development Requirements as attached.
. Integrated Waste Management Survey
Applicant shall submit an Integrated Waste Management Survey for each of the activities marked below
with the initial application to Planning for approval by the Public Services Department Refuse and Recycling
Division prior to issuance of permits for each activity.
The information contained in the Survey as well as any related comments and mitigation provided by Public
Services shall be summarized in the Initial Study arl~EIR if required for the project under CEQA.
D Demolition & Site D Construction I Renovation D Business Operations or Event
Preparation
. Additional Requirements or Recommendations
e
MD/PS 6.27.2003
.
City of San Bernardino Public Services Department
Standard Development Requirements
300 North 0 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 ~ 8.24.140J
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 ~ 33.083]
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 S AM and 5 PM
Monday through Saturday shall provide access code or key to Public Services.
Shared Collection Areas - Reciprocal Access
_ '). 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.
MD/PS 6.27.2003
Roll-off Compactor Units
11. Sealed compactor units dedicated separately to refuse and recyclables may be required to be installed at l
facilities with an anticipated waste generation of 60 uncompacted cubic yards per week. i
R II ff
b .
II d
d'
f
de E .
T
h I
o -0 compactor unots must e Insta e accor 109 to manu acturer s an Ity nglneenng specl Icatlons wit
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 S 10. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side
design may be subject to a roll-back charge.
14. Compactor equipment shall be screened from view of public right-of-way by materials compatible with building
architecture and landscaping as specified by City of San Bernardino Development Code. [MC !i 19.20.030 (21)j
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.
e
e
MD/PS 6.27.2003
City of San Bernardino Public Services Department
Standard Development Requirements
_age 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.
Existing enclosures must have block walls, inside bumper guards or curbing, and solid steel gates, OR
enclosure(s) must be reconstructed to meet Engineering Standard 508. Enclosure may be relocated for best drive
access and alignment, plans subject to Public Services approval. (Please note, if site will generate 2CYor less 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 942911]
18. Front-load compactor units must be contained in an enclosure large enough to hold the unit and one additional
bin facing lengthwise.
19. Front-load bin and compactor enclosures must be constructed according to City Engineering Standard 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.
O. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved,
without crossing curbs, steps, or driveways.
21. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water.
22. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code !i 1103.2.2]
23. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures. All other equipment,
fixtures, and materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus
supplies are strictly prohibited.
24. Enclosures shall be buffered with landscaping when viewable from publiC right-of-way, and vegetation shall not
restrict gates or exceed height of enclosure. Include vegetation on landscape plans. .
25. Enclosures shall be located with gates aligned for straight access for service vehicles.
26. Enclosures shall not obstruct drive aisles, -driveways, loading zones, parking, handicap access, or visibility of
cross-traffic from drive aisles, alleys, or streets. Location shall not cause service vehicle to block access drives
during while bins are being serviced.
27. Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to
parking shall be separated by a minimum 2-foot wide curbed area out to the farthest point of both gates, and
designed to safely restrict gates from opening into parking spaces or landscaped areas..
28. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on
sIte plans and labeled that construttlon shall meet City Engineering Standards.
lulti-unit Dwellings
29. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved.
MD/PS 6.27.2003
30. Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse & commingled
recyclables. Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications
e adopted in accordance with Model Ordinance as required by CA PRC ~42911]
e
e
MD/PS 6.27.2003
SAN Bb....ARDINO MUNICIPAL WATER REPARTMENT
STANDARD REQUIREMENTS
DRCIERC Case: CONDITIONAL USE PERMIT NO. 04.30
~N NUMBER:
EPN NUMBER:
REVIEW OF PLANS:
OWNER:
DEVELOPER:
TYPE OF PROJECT:
139-063-01,08,09, &10
CONDITIONAL USE PERMIT NO. 04.30
K&H Properties
The Kim Partnership
A request to construct three retail buildings ranging in size from 3,480 to 14,600 square feel.
located on the northeast comer of MI. Vernon Avenue and 11th Street
NUMBER OF UNITS: 0
LOCATION: Northeast comer of MI. Vernon Avenue and 11th Street
WATER DEPARTMENT ENGINEERING:
DATE COMPILED: 211612005
COMPILED BY: Nevarez, Mike
The subject property is
CONTACT: Litchfield, Matthew PHONE NUMBER: (909) 384-5386 FAX NUMBER: (909) 384-5532
Nolo: All Water Services are Subject to the Rules .Regulations of the Water DeplIrtment
~ Size of Main Adjacent the Project 12" C.1. in MT. Vernon, 6" CJ. in 11th 51.
~ Approximate Water Pressure ~ Elevation of Water Storage: ~ Hydrant Flow @ 20psi:
_~ Type, Size, Location and Distance to Nearest Fire Hydrant Jones 1.way w/st. hydrant located at southeast corner of MT. Vernon and
11th 51.
~ Water Supply Study Required = 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: Fire flow test required.
WATER QUALITY CONTROL
CONTACT: Arrieta, Con PHONE NUMBER: (909) 384-5325
""- R.P.P. Backflow Device Required at Service Connection for Domestic Service
~ Double Check Backflow Device Required at Service Connection for Fire and Irrigation
..~ Backflow Device to be Inspected before Water Service can be Activated
=- No Backflow Device is required at this time
FAX NUMBER: (909) 384-5928
SewER CAPACITY INFORMATION
CONTACT: Thomsen, Neil PHONE NUMBER: (909) 384-5093 FAX NUMBER: (909) 384-5592
Note: Proof of Payment Must be SubmItted to the Building Safety Department Prior to Issuance of the Building Permit
--= Sewer Capacity Fee Applicable at this time
Sewer Capacity Fee must be paid to the Water Department for Q GaUons Per Day: Equivalent Dwelling Units: Q
~ Subject to Recalculation of Fee prior to the Issuance of Building Permit ,
Breakdown Of Estimated Gallons Per Day
COPY TO: Customer; Planning; Engineering
e
Monday, June 06, 2005
EPM
Pagelofl
EXHIBIT C
e
cur OF SAN BERNARDINO
Developmellt Servkes DeptlI11Ifert" PlII1I,,;ng DiWs",,,
300 North "E" Street, 31V Floor
"A:?'~ San Bernardino, CA 92418
~. ... Phone (909) 384-5057 . (909) 384-5080
Web addms: www.sbciry.org
APPLICATION FOR APPEAL
APPEAL FROM A DECISION OF THE (check one)
A f;J () f -S "l- ~ r; ~.I- 0 I ~
"8)01/SffO.
o Development Services Director
o DeveJopmeatlEnviromnemal Review Committee
o Plamting Cc.>mm;"";OD c.. u. f
Cascnumbc~S):OOJ-()()1) - </7/0 / No. /)~- (~
Project address:~.. VerY) ()Y) fta.wJ', ()nrJ IJi:h I H f'Q,Q i
Appellant's Dame:~()( -\:'V\u.)O st ~ ~ (\/')b(/77/IHf?
Appellant's address: l."fO.'5 w. Ih~Jahrl;fJy~ (r,A;f-i~/ /;'nlJu/Jcifd/'YlP> 1'"-'1. 92t/JI
Ap~llant's phone: "lr:lf- RR()- ,32.o()
AppcIlant'5C-maiJ.addrels: r. MmpW'n '\~Jl!LiJd" -YU.f.
e Conw;t~oD'slWDe:~r+~ro*)n
Contl\l;t person's address: 2'F5tJ7 p.e h~C;\~' Vt1IV}.{ C4 A,111. l). B 9'2L/ L.l.-
CODlaCtpcrsoD'sphonc: 2/pl, 'q,n8P.
ConlaCtpcrson.se-mail address:r.hn...{rrlnnll @. Vtb'iZ"" . ;u;t
~..a{.:"
Pursuant to Section 19.52.100 oftbe Development Code, an appeal must be tiled OD a City application fonn
within IS da)'$ ConowiD~ the final date or acUOIl, l\l;coll1plll1ied by the IJ'IXOPriate appeal filing fee.
Appeals arc normally scheduled for a determination by the Planning Commission or Mayor and Common
Council within 30 clays ofrbe filiuS date ofttle lIppeal. You will be notified, in writini- oethe specific: date and
time of the appeal hearini.
OFFICE USE ONLY
---off~~ .
. R=woiby. /g~_ _ _ ---'-'-___ ,
11/001
REQUIRED INFORMATION FOR AN APPEAL
eSpecitiCac:tiOnbeinS8ppaledandthcdaleOflbataetiOn: C'AAfl NO. ()~ -.?O h'\O.Q:t1l'\~
..d /'J"if 0 J r\ 0, ?.l \ 05. .
. Specific grounds for1heappw: Nl.1'il":lr"',(\D<:+ 'IV 'l~ I".IW01'di""1 -KU<; C'mr\c::-+t'IJr+;lIy\
:.~\':~ :~','^: n"":::: 0:' "~-:~L~i,1-"":::i~~~it
in nl? h,,,;~nLrr jn. h?dn~ nF -h1.(1n l.<Jhirn c. LIf~~....Jt,,~ OW~
;o;:~:~~ v:a~/;;j:::;~, j,~::~~~J.~J~h 1 Ch
Action 5Ougbt:j) Isr..AWf)Val...c.J rlllndi~nYVA\ U5Q...:pt" rm i-\- N{).t)'f,3f).
(\()n~n^r~()V1 ~+r\~ l'Yl('l' \. 0'" rrrt. \/e'f"'(\(),^ A:v.L .n\"'\Ci
~i -w. ,::lc
e
Additional information: U)ft- 017 J i V P. ~a f -Ih p ()'In.r-Jrt I~i?n d
f:;t~F~52~~~~~~~q~~~
F;/!i'i:%~::i~i~i;J:'!4~:~~~r::a
~\~.~ ~:;~~ ~:~ V\~~0~~'~~~~I~~~;o:f~0~;~~~0Y1
On tt\..Q 1....,(75+5"0.0 1bat U'::)I\ \ Y\o\y ~r:ruf>'\ ~
01<2 /7/rtl~ ihPrJ? ar:rl {)IAT r/"}/77/77L,n;11 .
'_Of..,.....?"^".. ,~~ - 0 -7/"/C6
e 2
WIM
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "0" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.sbcity.org
SM
October 5, 2005
Mr. Robert Hampton
Northwest PAC
2557 Pennsylvania A venue
San Bernardino, CA 92411
0. A0J
Dear Mr .;:ft3.mpton:
At the meeting of the Mayor and Common Council held on October 3, 2005, the following
action was taken relative to the Appeal of the Planning Commission's approval of Conditional
Use Permit No. 04-30, to construct a multi-tenant commercial center at the northwest corner of
Mt. Vernon Avenue and 11th Street in the CG-2, Commercial General, land use district.
The Mayor and Common Council closed the hearing and denied the appeal
upholding the Planning Commission's approval of Conditional Use Permit No. 04-
30, based upon the Findings of Fact contained in the Planning Commission Staff
Report dated June 21, 2005, subject to the Conditions of Approval and Standard
Requirements.
If we can be of further assistance, please do not hesitate to contact the City Clerk's office.
Sincerely.
(~ . /. ':). (!l it\.. ;~
J\:,.~A\.( z.
Rachel G. Clark, CMC
City Clerk
RGC:lls
cc: Development Services
Dirck Kim, 3807 Wilshire Blvd., No. 800, Los Angeles, CA 90010
K & H Properties, 28120 Peacock Ridge Rd., No. 612, Rancho Palos Verdes, CA 90275
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty