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HomeMy WebLinkAbout32-Development Services ORIGINAL Cll.;:Y OF SANBE~ARDINO-REQUEST FOR COUNCIL ACTION From: Dept: James G. Funk, Director Development Services Subject: Appeal of Planning Commission approval of Conditional Use Permit No. 04-14 to construct a 4,207 square foot office/sales structure, and a 16,837 square foot inventory lot, to be used in conjunction with Fairview Ford. The project site is located on the north side of 2nd Street approximately 186 feet west of "G" Street in the CR-1, Commercial Regional land use district. Date: March 15,2005 MCC Date: April 4, 2005 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning Commission approval of Conditional Use Permit No. 04-14 based upon the Findings of Fact contained in the Planning Commission Staff Report, subject to the Conditions of Approval as amended, and Standard Requirements. Utlfuvc, ~~JF J sG.Funk Contact person: Ben Steckler. Associate Planner Phone: 384-5057 Supporting data attached: StaffReoort Ward(s): 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance:_ Council Notes: Agenda Item No. ~.;L lfllJ/O( CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Appeal of the Planning Commission Approval of Conditional Use Permit No. 04-14 Appellant: Mr. & Mrs. Powell 222 N. "G" Street, Suite 1 San Bernardino, CA 92410 909-793-0770 CUP Applicant: Tom Skalla Fairview Ford 292 N. "G" Street San Bernardino, CA 92410 909-884-9261 BACKGROUND: John & Kathleen Powell are appealing the Planning Commission's approval of Conditional Use Permit (CUP) No. 04-14. CUP No. 04-14 is a request to construct a 4,207 square foot office/sales structure, and a 16,837 square foot inventory lot, to be used in conjunction with Fairview Ford. The project site is located on the north side of 2nd Street approximately 186 feet west of "0" Street in the CR-I, Commercial Regional land use district (Exhibit 1). At their meeting of February 8, 2005, the Planning Commission voted 4 to I to 1 to approve CUP No. 04- I 4. The Planning Commission added a Condition of Approval that the management/owners ofFairview Ford shall notify their employees not to park in the parking on the northern and eastern portions ofthe site in response to requests from Mr. & Mrs. Powell. The Conditions of Approval also contain a condition that the twelve parking spaces existing along the eastern portion of the site shall be maintained rather than being converted to landscaping as proposed on plans. Commissioners Coute, Durr, Heasley, and Sauerbrun voted voted in favor ofthe CUP, while Commissioner Morris voted against it, Commissioner Brown abstained and Commissioner Enciso was absent. On February 22,2005, Planning staff received an appeal application (Appeal No. 05-06). The appellants' grounds for the appeal are that Fairview Ford is decreasing the amount of parking available by ahnost half, which they claim affects the Reciprocal Parking Agreement (document number 1997012133356) in existence between the two properties since April 7,1997. Their claim here is irrelevant because the Reciprocal Parking Agreement only addresses the fact that the Fairview Ford property has to maintain 12 stalls for the use of the appellant's property. It does not give them the right to use all 58 stalls. The Reciprocal Parking Agreement (Exhibit 4) has been reviewed by Planning Staff, as well as the City Attorney's office and the decision of the Planning Commission is consistent with the provisions ofthe agreement. The Reciprocal Parking Agreement states in paragraph number 5 that the property owned by Fairview Ford shall provide 12 parking stalls for use by the property used by Mr. & Mrs. Powell. The agreement does not specify which 12 stalls shall be reserved for their use, rather simply requires that twelve stalls be maintained for use by the property the Powell's business is located. The appellants are asking that the Mayor and Common Council amend the decision of the Planning Commission to include that Fairview Ford cannot use the existing 12 stalls on the east side of the site at all (employees, customers, etc.), and cannot use any of the stalls located at 222 N. Grand Avenue. They also request that staff verify that the easement rights of the property are not being violated. However, the Conditions of Approval for the project (previously accepted by Fairview Ford) require that Fairview Ford instruct its employees not to park in those twelve stalls (COA No. 26). Staff believes that it is unreasonable to preclude use of the 12 stalls in question for customer parking. Municipal Codes are already in place that require Fairview Ford to load/unload on their own site, and the Reciprocal Parking Agreement does not grant any rights, so Fairview is already limited to loading/unloading on their site only. Staff believes that no modifications are required. FINANCIAL IMPACT None. The appellants submitted appeal fees. RECOMMENDATION Staff recommends that the Mayor and Common Council close the public hearing, deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 04-14 based on the Findings of Fact contained in the Planning Commission Staff Report, subject to the Conditions of Approval as amended, and Standard Requirements. EXHIBITS: 1 Location Map 2 Planning Commission Staff Report Dated January 18, 2005 3 Application for Appeal No. 05-06 4 Reciprocal Parking and Access Agreement (as copied from plans) 5 Letter from Fairview Ford dated March 14,2005 OFFICE OF TIlE CITY CLERK RAcHEL G. CLARK, CM.C. - CITY CLERK 300 North "DO. Street. San Bernardino' CA92418-000l 909.384.5002. Fax: 909.384.5158 www.cLsan-bernardino.ca.us ~ April 6, 2005 Mr. and Mrs. Powell 222 N. "G" Street, Suite 1 San Bernardino, CA 92410 Dear Mr. and Mrs. Powell: At the meeting of the Mayor and Common Council held on April 4, 2005, the following action was taken relative to the Appeal of the Planning Commission's approval of Conditional Use Permit No. 04-14, to construct a 4,207 square foot office/sales structure and a 16,837 square foot inventory lot on the north side of 2"" Street approximately 186 feet west of "G" Street in the CR-1, Commercial Regional, land use district, to be used in conjunction with Fairview Ford. The hearing was closed; and the Mayor and Common Council denied the appeal and upheld the Planning Commission's approval of Conditional Use Permit No. 04-14, based upon the Findings of Fact contained in the Planning Commission staff report, 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, -j j\:'....t-~-L /J eta t. k_ Rachel G. Clark, CMC City Clerk RGC:lls cc: Development Services Tom Skalla, Fairview Ford, 292 N. "G" Street, San Bernardino, CA 92410 3~ CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Di. EXHIBIT 1 ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: CUP 04-14 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 1/18/05 Lt NORTH ~~ . -- .. ..... " JO' ~ - - ~ ExmBIT 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Conditional Use Permit No. 04-14 4 January 18, 2005 1 OWNER! APPLICANT: Tom Skalla Fairview Ford 292 N. "G" Street San Bernardino, CA 92410 909-884-9261 REQUEST/LOCA TION: A request for approval of a Conditional Use Permit to construct a 4,207 square foot office/ sales structure, a 16,837 square foot sales inventory lot, and a 2,383 square foot rental inventory lot to be used in conjunction with Fairview Ford. The project site is located on the north side of 2nd Street approximately 186 feet west of "G" Street in the CR-l, Commercial Regional land use district. CONSTRAINTS/OVERLAYS: None. ENVIRONMENTAL FINDINGS: o Not Applicable ~ Exempt, Section 15332, In~Fill Development o No Significant Effects o Previous Environmental Impact Report o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan ST AFF RECOMMENDATION: ~ Approval ~ Conditions o Denial . o Continuance to: . ConditionalLJse Permit 1'\0. ().l-l4 Hearing Date 01/18/05 Page 2 REQUEST AND PROJECT DESCRIPTION The applicant requests approval of Conditional Use Permit No. 04-14 under the authority of Development Code 919.36.050 and 919.06.020 Table 06.01 (B)(4) to construct a 4,20i square foot office/ sales structure, a 16,837 square foot sales inventory lot. and a 2,383 square foot rental inventory lot to be used in conjunction with Fairview Ford. The project is located on the north side of 2nd Street approximately 186 feet west of "G" Street in the CR-1, Commercial Regional land use district (Attachment A). The proposed hours of operation for the auto sales/rental facility will be between 8:00 AM - 9:00 PM seven days per week. See Attachment B for a site plan. SETTING/SITE CHARACTERISTICS The site is basically rectangular in shape consisting of approximately 72,380 square feet (1.66 acres). The project area consists of approximately 41,480 square feet (formerly a Denny's restaurant), while approximately 30,900 square feet was previously developed and is proposed to remain as is (Del Taco restaurant). This site will operate in conjunction with Fairview Ford, which is adjacent to the northwest. To the immediate north the project site is abutted by a California Bank and Trust also in the CR-l, Commercial Regional land use district. To the east is a mixture of retail commercial uses and a gas station in the CR-1, Commercial Regional land use district. The site has an existing reciprocal parking agreement (included in plans on sheet A-2) with the property abutting to the northeast. The parking agreement requires that the property owner maintain 12 parking stalls (above and beyond the required parking for the on-site use). The proposal includes the 12 stalls in the calculations for required parking on sheet A-1.2, and provides enough parking for the on-site uses as_well as the twelve additional stalls. BACKGROUND The Development/Environmental Review Committee (D/ERe) first reviewed the project on August 12, 2004 when the applicant was provided with initial comments and corrections. The project was continued from the August 12, 2004 meeting to the September 2, 2004 meeting, however the applicant had not completed all of the corrections sathe project was continued indefinitely. The project returned to the D/ERC on December 2, 2004 and was moved to Planning Commission. The plans still do not meet! address all of staif s comments, but staff has addressed the issues through the Conditions of Approval. Conditional Use Permit No. (}.l-H Hearing Date 01/18/05 Page 3 CALIFORNIA ENVIRONMENTAL QUALITY ACT ICEQAI STATUS The project has been reviewed under the requirements of the California Environmental Quality Act and has been found to be Categorically Exempt under Section 15332. as an in-fill development. FINDINGS AND ANALYSIS FOR CONDITIONAL USE PERMIT: 1. Is tile proposed use one which may be conditionally permitted within, and would not impair the integrity and character of the subject land use district, which is also in compliance with all of tile applicable provisions of the Development Code, including prescribed dellelopment/site standards and any/all applicable design guidelines? Yes, the proposed use is one that may be conditionally permitted within, which would not impair the integrity and character of the subject land use district. It is also in compliance with the applicable provisions of the Development Code, except the proposed landscaping which will be required to meet Development Code requirements through the Conditions of Approval, see Table A. TABLE" A" -DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE i : CATEGORY i , DEVELOPMENT CODE I GENERAL PLAN ! I Permitted Use I Height i Setbacks i-Front i-Side (street) I - Side (interior) ! - Rear I i Landscaping i Permitted subject to I Conditional Use Permit 4 stories or 52 feet Consistent . N/A o feet o feet o feet o feet i 10.857 square feet (15%) N/A , : :-l/A l - , , I Lot Coverage ! Parking ! - Standard , - Handicap I 9.6 percent ; I 61 sp~ces I 58 ' : 3 , 75 percent 61 spaces 58 3 I N/A N/A 'The landscaping will be brought into compliance with lbe Devdopment Code as per the COA. Conditional Use Permit No. 04-14 Hearing Dale 01/18/05 Page 4 ? I;. the propo;.ed u;.e cOIl;.i;.tellt with the Gelleral Plall? Yes, the proposed use is consistent with General Plan Goal1A. "It shall be the goal of the City of San Bernardino to: Provide for the continuation and development of sufficient land uses to serve the housing, commercial. educational. cultural. recreational. and social needs of the existing residents and population growth." The approval of this conditional use permit would allow for the development of an automotive sales facility to serve the needs of both the local residents as well as regional visitors. 3. I;. tile approl'al of the COllditiollal Use Permit for the proposed use ill compliallce with the requiremellts of the Califomia EIll'irollmelltal Quality Act (CEQA) alld SectioIl19.20.030(6) of the Developmellt Code? Yes, the approval of the conditional use permit is in compliance with the requirements of both CEQA and Development Code Section 19.20.030(6) in as much as the proposed project is categorically exempt from the requirements of CEQA as stated in the staff report. 4. . Are there allY potentially sigllificant Ilegative impacts UPOIl enl'ironmelltal quality alld Ilatural resources that could not be properly mitigated and monitored? No, Planning staff conducted a preliminary review of the project (pursuant to CEQA guidelines), and has found that the project has no potentially significant impacts and is categorically exempt from further review. 5. Will the location, size, shape, design, alld operating clzaracteristics of the proposed use be compatible with existing alld future land uses within the general area,and will the project not create sign(ficant noise. traffic or other conditiolls or ;.ituatioll;' tllat may be objectionable or detrimental to the public illterest. health. safety. conpenience, or welfare of the City? Yes, the proposed project is located in an existing CR-l, Commercial Regional land use district, which is intended to serve the needs of the region. The proposal will operate in a manner consistent with the regulations of the CR-1 land use district. The proposed project will be a complementary land use to the surrounding commerCial area. Conditional Use Permit No. 0~-1~ Hearing Date 01/18/05 Page 5 Access Vehicular access to the project site will be via two existing driveways (both on 2nd Street). Parkin~ . Development Code Section 19.24.040 requires the site to provide 61 parking stalls, and the proposal meets that requirement. Required parking is based upon Development Code Section 19.24.040, the "Vehicle Sales" heading. The calculations include the square footage of structure, as well as the combined area of the sales inventory and rental inventory lots. Landscaping The proposed landscaping of 14 % does not meet Development Code requirements of 15%. However the project will provide a minimum of 15% as per Development Code regulations, which is being required through the Conditions of Approval. The applicant has proposed to remove four existing parking stalls from the east side of the site (these are the spaces being used by the adjacent property), however staff believes that the front landscaping setback and the westerly landscaping island should be increased. This would maintain the 12 shared stalls, but more importantly, rlace landscaping where it is more visible, thereby improving the overall aesthetics. 6. Is tile subject site pllysically suitable for tile densitylintensih) 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 for lot coverage, height limitation, setbacks, landscaping and parking requirements as discussed in Finding No.1 above and illustrated in Table" A". i. Will tllere be adequate prol'ision;; for puNic access, water, sanitation, and public IItilities and sen'ice;; to ensllre tllat tile proposed use Will/lOt be detrimental to tile public Ilealtll and safety? Yes, all agencies responsible for reviewing access, and providing water, sanitation and other public services have had the opportunity to review the proposed project, and all have indicated an ability 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 and operation of this project. Conditional Use Permit No.lJ.l-14 Hearing Date 01/18/05 Page 6 CONCLUSION The proposal meets all necessary Findings of Fact for approval of the Conditional Use Permit requested. RECOMMENDATION Staff recommends the Planning Commission approve Conditional Use Permit No. 04-14 based upon the Findings of Fact contained in this Staff Repon and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). Respectfully Submitted, , Jr~~'~ fw J--r Director, Development Services ~\~~ Ben Steckler Associate Planner -" Attachment A Attachment B Attachment C Attachment D Attachment E Location Map Site Plan/Photos of Existing Structures 'Conditions of Approval Standard Requirements Example sheet for meeting Conditions of Approval. ATTACHMENT A CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS PROJECT: CUP 04-14 u HEARING DATE: 1/18/05 NORTH ....~ ... I. " ~ - ~ ......., '__'W'a~..... L II Mi~~i . - , - -. . ~ i I . I::i Iii II III ~ ... .... ........ I *' ::. ~ ~.:..:. ... ." ---- "" ... " ....... "" .:.~ iI.__ - -.... -- .,... CIIIOII..,..:I ATTACHMENT "a" '.- I . - I - I . r,-- . 1":- -'- ~- . . 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I II -~~j( LIJ! .. ..~.--.._ "'1")___ .:.~ 15._" - -- ,.,(1- ______II ~e , , , " e' , , - -- 9' ,'-- e' , , , J ~ ~ , , ~ r-- - , p n 1"1 - z ~ 5 i II a IH- I !,e:eee8 .~ 'C' ~ ~ ! i [-~~: JL II ~~~ - - -. '" J N ~ ~ 3 ... 'C.-..... ... r.l ___... ~~ 'U.__ - -- - ...... .... ...,..,... J ~ ... !. . I 1 , . . . I II I II ~ &d :t l , t i , . I 1 Z, .01 ~ ~ i Conditional Use Permit /'1;0. 0-1-14 Hearing Date 01/ 18/05 Page 9 ATTACHMENT C CONDITIONS OF APPROVAL CUP No. 04-14 Fairview Ford - New Lot 1. This Conditional Use Permit is a request to construct a 4,207 square foot office/ sales structure, a 16,837 square foot sales inventory lot, and a 2,383 square foot rental inventory lot to be used in conjunction with Fairview Ford. The proposed dealership shall operate between the hours of 8:00 AM and 9:00 PM seven days a week. 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: January 18, 2007 3. The review authority may grant a one-time extension, for good cause, not to exceed 12 months. The applicant must file an application, the processing fees, and all required submittal items, 30 days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 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. Conditionalllse Permit No, 04-14 Hearing Date 01/18/05 Page 10 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. The 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 (as applicable); emission control of fumes, vapors, gas 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. 6. 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, as well as obtain any Building Permits associated with the signage. 7. Signs/banners may not be placed on or Qy_er the roof or within landscaped areas. Banners and other signs for special events (Le., grand opening) will require a Temporary Sign Permit to be approved by tne Planning Division prior to installation/ hanging 8. If the color of any of the buildings, walls or fences or other exterior finish material is to be modified, the revised color scheme and/ or finish materials shall be reviewed and approved by the Planning Division and permitted by the Building and Safety Division prior to commencement of work. ,- 9. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval and Standard'Requirements issued with the Planning approval. 10. If pay phones are installed on the site, they must be located inside the building and fixed for outgoing calls only. , 11. The project shall comply with all applicable requirements of other outside agencies (Le. San Bernardino County Health Department division of Environmental Health Services, and the California Board of Equalization) as applicable. Conditional Use Permit No. ~-U Hearing Date 01/18/05 Page 11 12. All vandalism and graffiti must be repaired/removed within 24 hours of its occurrence. The management shall take a photograph of the graffiti and provide it to the Police Department before removing the graffiti. 13. The owner/ manager shall be responsible for posting signs prohibiting littering and loitering. 14. All exterior lighting shall be energy efficient with the ability to lower or reduce usage when the store is closed. Signage may be required to be turned-off when the facility is closed. 15. The pedestrian path of travel may not pass behind parked cars or use the driveway / drive aisle as proposed. A pedestrian path of travel meeting California Building Code Title 24 accessibility standards shall be provided and reviewed through plan check, as shown on Attachment E. Additionally, all paths of travel shall be concrete, even when crossing drive aisles, striping on top of asphalt will not be acceptable. 16. Vehicles for sale/rental shall only be parked and/or displayed in the area noted as "Sales Inventory Lot" as indicated on Attachment E. 17. The twelve parking spaces shall be maintained along the east property, as shown on Attachment E. 18. Outside displays and/ or storage of anything other than complete automobiles is prohibited. 19. No work may be performed outside of the structure. No vehicle repair may occur on- site. 20. All information provided on plans shall be consistent within the plans (including but not limited to vehicle display area square footage, existing and proposed landscaping square footage, etc.). 21. Provide access easement documentation with plan check for verification that no required shared drive aisles would be impeded by this proposal. 22. The landscape buffer alqng 2nd Street shall be increased and mounded (berm shall be added) to screen the display area as per Development Code Section 19.06.050(5)(Q) because the display area as proposed has the same impact as a parking area. Conditional Use Permit No. 04-14 Hearing Date 01/18/05 Page 12 23. The total amount of landscaping onsite shall be consistent with Development Code requirements (minimum 15%). Upgrading the proposed landscaping may require reduction of the proposed display area. 24. The applicant shall post a bond in an amount equivalent to the cost of landscaping including landscape installation and one year of maintenance service. The purpose of the bond is to ensure that all landscaping survives the planting process and last for a period of at least one-year. The bond will be released no sooner than one-year after issuance of the Final Certificate of Occupancy and only after such time as City staff has verified the survival of the landscaping. 25. The applicant shall submit the SWPPP and other related documentation/ plans, as well as the on-site improvement plan (as per Public Works Standard Requirements) within 30 days of project approval. Failure to submit a complete, adequate SWPPP will result in the issuance of a Notice of Violation. 26. No final Certificate of Occupancy shall be issued until all conditions of approval have been completed. 27. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Division?:.. a. Building & Safety Plan Check Division b. Public Works Engineering A TT ACHME1\'T "0" City of San Bernardino STANDARD REQUIREMENTS Development Services/Plan Check Division ~ Property address: DRC@DP: 0 t{ - I L-( DATE: NOTE; NO PLANS WILL BE ACCEPTED FOR PLAN CHECK WITHOUT CONDITIONS - OF APPROVAL IMPRINTED ON PLAN SHEETS. Submit 6 sets of plans, minimum size 18" x 24", drawn to scale, If plan check is for expeditious review, submit 6 sets. The plans shall include (if applicable): a. site plan (include address & assessors parcel number) b. foundation plan c. floor plan (label use of all areas) d. elevations -'-- e. electrical, mechanical, & plumbing plans f. detail sheets (structural) g. cross section details h. show compliance with Title 24/Accesslbility (disabled access) i, a plan check deposit fee will be required upon submittal of plans. Call Development Services (plan check) 909-384-5071 for amount. 1. The title sheet of the plans must specify the occupancy classification, t)'Pe of construction, If the building has sprinklers, & the current applicable codes. . 2. The person who prepares them must sign the plans. Also, provide the address & phone number of that person. Some types of occupandes require that the plans are prepared; . stamped, and signed by an architect, engineer, or other person licensed by the State of California. 3. For structures that must include an engineers design, provide 2 sets of stamped/wet signed calculatiolls prepared by a licensed architect/engineer. 4. Pro\'ide 2 sets of Title 241Energy compliance forms and calculations. Some compliance forms are required to be printed on the plans. 300 N '0' Slreet San Bernardino CA 92418 909.384.3071 Office 909-384-5080 Fax 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. 6. Fire sprinkler plans, lires suppression system plans, etc., shall be submitted to the Fire Department for plan check approval and permits. For information, phone 909-384-5388. 7. Signs require a separate submittal to the Planning Division for plan check approval and permits. For Information, phone 909-384-5057. 8. Restaurants, food preparation facilities. and some health related occupancies will require clearances and approved plans from San Bernardino County Health Department. For information, phone 909-387-3043. 9. Occupandes that Include restaurants, car washes, automotive repair/auto body, dentist offices, food preparation facilities or processing 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 Management Division for Information, phone 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 the work). Contractors must provide their State license number, a city business registration, and workers compensation policy carrier & pelicy number. Owner-builders must provide proof of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 4-6 WEEKS FOR 1ST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPL Y THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS. . Comments: 300 N 'd. Street San Bernardino CA 92418 909-384-5071 Office 909-384-5080 Fax ATTACHME:\T D CITY Of SAi'i BER~ARDIi'iO Development Sen'ices Department - Public Works Division Standard Requirements Description: Construct new two-storv 4.551 Sf buildin2 Applicant: fairview Ford Location: 770 W. 2nd Street Case ~umber: CUP No. 04-04 I. Draina2e 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 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. d) The applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP). Ti)ese 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 (NOI)" shall be filed with the State Water Quality 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 CQlllrol 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. Project: 4.551 SF Building for Fairvie" Ford Case 1\0. CUP 1\0. 04-14 Page:! ofb 2. Gradinl! and Landscapinl! 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. street cleaning. etc. may be required by the City Engineer. ;JJ!~; e) A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. o 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"). g) A reCuse 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. h) The Refuse Division shall approve the number and placement of refuse enclosures. 1"..1.: r~~.., t"~';~'.- q) -.'; i) Project: 4.551 SF Building for Fairview Ford Case No. CUP No. 04-14 Page3 of 6 Retaining walls. block walls and all on-site fencing shall be designed and detailed on the On-site Improvement Plan. This work shall be pan of the On-site Improvement permit issued by the City Engineer. 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 I 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. 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 paved 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 propeny 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 projecfs 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. 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 Propeny 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 propeny owner. prior to plan approval. shall execute this easement and covenant unless otherwise allowed by the City Engineer. j) k) I) m) n) 0) p) Project: 4.551 SF Building for Fa;"'Ie" Ford Case 1'0. CLP 1\0. 04-14 Page 4 of6 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. ..7,::.:.-.:.~ g) Utility services shall be placed underground and easements provided as required. h) 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 undergroUlided in accordance with Section 19.20.030 (non-subdivisions) of the Development Code. k) Existing Utilities w.hich 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). . I) As an alternative to undergrounding required by Section 19.20.030 (non- subdivision) or Section 19.30.110 (subdivisions) of the Development Code, the developer will provide a letter of agreement for participation in . '. an assessment district, if one is formed, to fulfill the requirement for undergrounding utilities. Prior to recordation of a map or issuance of building permit subdividerideveloper shall have the letter of agreement recorded with the deed. Project: 4.551 SF Building for Fairvic\\ Ford Case No. CUP No. 04-14 Page 5 of6 m) 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) Modify existing 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. 5. Required Ene:ineerine: Plans a) The rough grading plan may be designed and submitted in combination with the precise grading plan. b) All plans submitted for plan check purposes shall be prepared on the City's standard 24" X 36" sheets. c) Provide the City with l!n electronic file of all improvement plans/drawings. This file shalf be compatible with AutoCAD 2000, and shall be submitted with the plans-for final approval. d) 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 httll:; Iwww.ci.san-bemardino.ca.uslsiteIPw;.default.htm 6. Required Ene:ineerlJie: 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. 7. Applicable Ene:ineerlne: 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. Project: 4.55 I SF Building for Fatrview Ford Case No. CUP 1';0. ~-14 Page 6 of6 b) The current fee schedule is available at the Public Works Counter and at hun: " \\W\\ .ci.s3n-bernardi nO.ca. us:site;pw! 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. ~~;2 -'.'- I . l' ~ OJ :l1 = u -< I:: -< Olf <( ~ r~ II 11 ji t 'I IlU * * . . ! ~.t~ ~ "0-,81 ---------..---- "-- : -- -.-.-.-.. : .0-, " ., >- !15m t- h W ", >- U ~~~~ gtIl..O,,,, . ~-!U- _ -' <( , ", ~ <( "'w t;)!::: iii'" c~ ~;:) -ill ~ w C ~ * 0. H J: Vl ~ lJJ -l <l: \ ~ I 8 Vl o !g [0. 1m, I ----------- ------- ~~ , ,~ il'" ~ ' "'1 - 0, (.. I' ::':;- :~.-...... --..."s; _::.~.~,-.......'_ ........ .-.-..--.......................!.d.:,....:J_h..h._-b_.;.~:::;~..-~ . I . 3N1l J."~=~~ C=J.l1S;~ + trr[lJll r.-.-.l~l~~r4:)--T---- - ~~rT"'-' , ~ I '='C=~_"e. I ~ , . I ... I I ~I ~ 1 ,. n(r.C'Cj"r C C'I-f" 1'1 ," '.;{ r l l ~.. _I .J ( ..J:"".I' \ EXHIBIT 3 CITY OF SAN BERNARDINO Development Services Department. Planning Division . 300 Nortn "E" Street, 3'. Floor San Bernardino, CA 92418 Phone (909) 384-5057 . (909) 384.5080 Web address: www.sbcity.org 1ipftBr&:ft~j~FOR APPEAL APPEAL FROM A DECISION OF THE (check one) a Development Services Director o DevelopmenrlEuvironmental Review COIl".minee If Planning Commission Casenumber{s):1!.M'JDiTtrWA-L llSF" PeRM.lT 0'-1-1'1 Projcctaddress: 7l/n W. 2ND <37Pr~r Appellant's name: J"oH/J PoWeLL ~ .J{A77JL~ f6cJd t.. Appellant'uddress: Z2Z Ill. /1(2/'1 5T-: gA-N B~l>IlllO 92'110 Appellant's phone: 909-773-0770 " 7)(J,JE #/ Appellant's e-mail address:_ Comactperson'sname: <;'M~ Contact person's address: Contact person's phOllO: Contact person's e-mail address: __ -- Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form within 15 days following the final date of action. accompanied by the appropriate appeal filing fee. Appeals are normally scheduled for a determination by the Planning Corrunission or Mayor and Common Council within 30 dllYs oflhe filing date ofrhe appeal. You will be notified, in writing, of the specific date and rime of the appeal hearing. OFFICE USE ONLY Date appeal tiled: Received by: lilt).; REQIlIRED INFORMATION FOR AN APPEAL Specific action being appealed and the date of that action: CONDmONAL USEPERMlT 04-14 HEARING DATE: FEBRUARY 8. 200S Specific grounds for the appeal: ITEM #1; FAIRVIEW FORD IS DECREASING TIlE NUMBER OF PARKING SPACES BY ALMOST HALF, FROM TIlE FIFTY-EIGHT (S8) PARKING SPACES OF TIlE PRIOR DENNEY'S RESTAURANT. TInS AFFECTS TIlE PARKING EA!;F.MF.NT RIGHTS OF TIlE ADJOINING PROPERTY. PER TIlE APPROVED MOTION OF TIlE PLANNING COMMISSION ON FEBRUARY 8, 200S, FAIRVIEW FORD EMPLOYEES ARE PROHIBITED FROM PARKING IN TIlE 12 SPACES ON TIlE EAST SIDE OF TIlE PRIOR DENNEY'S RESTAURANT AND ALL TIlE PARKING SPACES ON 222 N. "G" ST. ITEM #2: TIlE PROPERTY AT 702 W. 2ND STREET (APN# 0134-268-l(6) HAS EASEMENT RIGHTS ON 740 - 770 W. 2ND STREET. Action sought: ITEM #1: AMEND TIlE APPROVED MarION TO INCI:;UDE mAT F AIRVIEW FORD CAN Nar USE TIlE EXISTING 12 PARKING SPACES ON TIlE EAST SIDE OF DENNY'S RESTAURANT, AND ALL THE PARKING SPACES ON 222 N. "G" STREET TO - PARK AND STORE RENTAL CARS AND TRUCKS; LOAD, UNLOAD AND STORE "NEW' AUTOS, TRUCKS OR OTHER VEHICLES; LOAD, UNLOAD AND STORE "USED" AUTOS, TRUCKS OR 01HER. VEHICLES; PARKING FOR 01HER. FAIRVIEW FORD OPERATIONS INCLUDING CUSTOMERS, PATRONS, AUTO PARTS DELIVERIES, ANY OTHER DELIVERIES AND ANY OTHER AUTOS WHICH ARE CONNECTED WITH TIlE FAIRVIEW FORD OPERATIONS. ITEM #2: VERIFY mAT TIlE EASEMENT RIGHTS OF TIlE PROPERTY AT 702 W. 2ND STREET (APN# 0134-268-l(6) ARE Nar BEING VIOLATED. Additional information: s_"'-ff'1fZt,jp ~ /l.,,~ "'" 2-?2-a;- ..,'.~~~ EXHIBIT 4 ~V9 requested by: -' I iT ~\(6" ~e.( \(',~/' (. --\'t. When Recorded, Mail To: SB::URlTY TRUST CO. .7152 'l'NIt No. 1152 P. O. Box 1589 SIn Oi89O, ca. 92112 ~ecorOld ln OfflClal ~.corOl, COUntv Of san Bernardlno, Errol J. I'IIlclc_, RecorCllr Doc No. 19970121356 3:00pm 04/07/97 first American Title I '11 5 In at" TIAIS TII R!X:IPJa:AL PARXItc ~ ~'!,..~'lA5.~!:> 'l'he parties of this Reciprocal Parkinq Agreenent are K.K.M:. Properties, a California General Partnership, as party of the First Part and owner of that real property to which is . lIescr1becS on Exhibit "...", and Security Trust CO., a Cal1fom1a COrporation Il8 Trustee for'Its Trust No. 7152, a8 party of the Becond Part and buyer of that real property wI1ich 18 described on Blch1hit "S". IHlMS the parties of the First Pu1: to this agl_nt desire to grant frem t:he1r respect- ive prcperty to the parties of the Second Part, their successors and assi9Tls, a non-exclusive easement for parkill9 over and above the real property described in Exhibit "A', hereinafter descr1becS herein, in order to establish of record, the present and existill9 000100.. parking for motor Yebicles and incidental pu:poses. liHERAS the part1es of the Secxlnl! Part to th1lf:agreemellt desire t!l grant fra1I their respect- ....: . j . be propeJ:Ltto the part1es of the First Part, their successors and uSi9flS, a non-exclusive easement for Partcin9 over and above the real property described in Exhibit "S", hereinafter described herein, in order to establish of record, the present and exis1;ing ClCIno\.o, park1ng for , IIlOtor Yebicles and incidental pu:poses. lDf 1.'tII:iKI2\.t(t;, the parties herein agree as follows: . 1. 'DIe part1es of the F1rst Part do hereby Grant to the parties of the:1leoond Part, th81r 1IUlXlea8Orll and ..signs, AND thit parties of the Second Part do hereby Gr~tto the parties of the First Part, their successors and assigns, a nat-eXClusive easenent for the purposes of parkinq, over and above the parIdng lIrelI8for the properties described on EXhibits "A. and "S", att:ached hereto and made a part hereof. 2, It is agreed that said parkinq easenent is for the benefit of and appurtenant to MCh of the parties Pr<lpe1.Ly herein described and will run with.the 'land.lIS an parId.nq easement. 3. It 18 a;reecJ that each owner, their suc:c:essors and ass19fl6 ~ll maintain in CJOO/I oon/I1t1on at all tines the parkinq aress herein described for the benefit of each owner and theiz 8''OOesSorl. '; 4. The intent of this parfcinq lIlJr8ement is to supply parkinq for customers, patrons, and enployees of the businesses located on the herein described propel."ties. 1_11 )eSCtfption: San Bemardlno.CA Document.Y.".DocID 1997.121356 Page: 1 o!S War: 1o.26-2O(U 09-05-27 AM Comment , . S. Both partiel agree thal Secona Party'a use of the Firat Party'a parking shall not excead the number of apacea required by 1'97 retail or office ataodards. These standard. require 27 total Ipaces, 12 of which are on First Party's property, IS of whlch . are on Second Party'l property. Both part lei allo Acree that if Second Party.~r :Sacoad Party's .ucce.aors parking per the City of San Bernardino requirements ineree.e, thil will invalidate this Reciplocal Perking Agreement, unlel. all the required Idditioaal parking is obtained ellewhere beyond the above .entloned 27 Iplees. DOCUMENT DATE: HI rch 31, .1997 -'-- (Pale 2) >esatptlon: San BamlWino,CA Document-Year.DacIO 1997.121356 Page: 2 of 8 >rder: 10-28-2004 0!UJ5-27 AM CtJmmen" . . h. Falrview Ford Sales, Inc. 292 NORTH G STREET P.O. BOX 5518 [ffi1'C!((,:)l'C!n\\nl'C![Q) SAN BERNARDINO. CALIF. 92412 D LS~LSU 'I:J IS D Telephone (909) 884-9281 MAR j 4 2OIl5 EXHIBIT 5 . IIOHU; CITY OF SAN BERNARDINO DEVaOPMENT SERVICES DEPARTMENT MS.VALARIE ROSS CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPT. 300 NORTH D STREET SAN BERNARDINO,CA.92418 3/ll/0s RE: APPEAL OF CONDITIONAL USE PERMIT NO.04-14 DEAR MS. ROSS, WE UNDERSTAND THAT THE OWNERS OF SECURITY TRUST COMPANY HAVE APPEALED CONDITIONAL USE PERMIT NO. 04-14, WE CONSIDER THIS APPEAL FRIVILOUS AND WITHOUT MERIT, HOWEVER WE UNDERSTAND THE CITY OF SAN BERNARDINO'S NEED TO REVIEW ALL APPEALS. WE ALSO UNDERSTAND THAT THE SECURITY TRUST COMPANY HAS MADE THE UNUSUAL REQUEST FOR THE CITY OF SAN BERNARDINO TO HOLD THE APPEAL FOR 90 DAYS. WE BELIEVE WE ARE ENTITLED TO A SPEEDY APPEAL PROCESS AND DO NOT SEE ANY REASON FOR A DELAY. A 90 DAY DELAY FOR THE APPEAL IS NOT ONLY UNUSUAL AND WITHOUT MERIT BUT- WOULD CREATE A GREAT DEAL OF ADDITIONAL EXPENSE TO FAIRVIEW FORD. FAIRVIEW FORD IS REQUESTING THE APPEAL BE MOVED FORWARD AS SOON AS POSSIBLE AND THAT THE SAN BERNARDINO CITY COUNCIL DECLINE THE APPEAL AND REMOVE THE PARKING STIPULATIONS WHICH WERE GRANTED TO THE SECURITY TRUST COMPANY BY THE PLANNING COMMISION. /@~ NICK DEPASQUALE PRESIDENT .I { OFFICE O}<' THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "'D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.us :,;.' May 5, 2005 Dr. and Mrs. John Powell 222 North "G" Street, Suite #1 San Bernardino, CA 92410 Dear Dr. and Mrs. Powell: In response to your letter of April 25, it is my understanding that the Planning Commission approved Conditional Use Permit No. 04-14, with an amendment or added Condition of Approval that the management/owners of Fairview Ford shall notify their employees not to park in the parking on the northern and eastern portion of the site. Therefore, at your appeal hearing on April 4, 2005, the motion recommended by Planning staff was to deny your appeal, but to uphold the Planning Commission's approval of CUP 04-14, including the amendment added by the Planning Commission. The motion actually read: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 04-14 based upon the Findings of Fact contained in the Planning Commission staff report, subject to the Conditions of Approval as amended, and Standard Requirements. However, when Councilwoman Estrada made her motion, she stipulated that the words, as amended be deleted, which returned the Conditions of Approval to what was originally submitted to the Planning Commission by staff. In essence, her motion, which was unanimously approved, deleted the amendment noted in italics in the first paragraph above. I hope this information has helped to clarify your understanding of what transpired at the Mayor and Council meeting of April 4, 2005. If you have any other questions, please do not hesitate to contact me or Planning staff directly. Sincerely, ,'--) , . i\' f' /, " I '. '.~. / '..' J\ ~y- ~ -\., Y - _.._ Rachel G. Clark, CMC City Clerk C," > Ce" I Ie CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty