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HomeMy WebLinkAbout19-Development Services CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION OR\G\NAL Subject: Appeal of Planning Commission approval of Conditional Use Permit (CUP) No. 03-08 and Development Code Amendment (DCA) No. 03-02. CUP No. 03-08 is a request to construct a 3,220 square foot fast-food restaurant with a drive-thru located at the southwest comer of Tippecanoe Avenue and Harriman Place and DCA No. 03-08 is a request to modify the CR-3 district to allow not more than two drive-thru restaurants to be located within two parcels and not more than 600 feet west of Tippecanoe A venue and immediately north of Harriman Place; and will also allow one drive-thru restaurant on the southwest corner of Tippecanoe Avenue and Harriman Place. From: James G. Funk, Director Dept: Development Services Date: September 30, 2003 MCC Date: October 20, 2003 Synopsis of Previous Council Action: September 2, 2003 The Mayor and Common Council continued this item to October 20,2003 Recommended Motion: That the hearing be closed and the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 03-08, based upon Findings of Fact contained in the Planning Commission Staff Report dated June 3, 2003, subject to the Conditions of Approval and Standard Requirements. ~ F" ~ James G. Funk Contact person: Aron Liang Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acc!. No.) (Acc!. Description) Finance: Council Notes: Agenda Item NO.1.!l- J DJJj) /03 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 03-08 AND DEVELOPMENT CODE AMENDMENT NO. 03-02 Appellant: Frank A. Weiser 3460 Wilshire Boulevard, Suite 903 Los Angeles, CA 90010 (213) 399-7806 Conditional Use Permit Applicant In-N-Out Burgers 13502 Hamburger Lane Baldwin Park, CA 91706 (626) 813-8263 BACKGROUND: Mr. Frank A. Weiser, on behalf ofMr. Vibhakerbhai B. Patel, is appealing the Planning Commission approval of Conditional Use Permit (CUP) No. 03-08. CUP No. 03-08 is a request to permit the construction ofa 3,220 square foot fast-food restaurant with a drive-thru in the HUB project area located at the southwest corner of Tippecanoe Avenue and Harriman Place in the CR-3, Commercial Regional land use district(Exhibit A). At its meeting on June 3, 2003, the Planning Commission voted to approve CUP No. 03-08. Commissioners Coute, DUff, Enciso, Morris, Sauerbrun, and Thrasher voted in favor of the motion and Commissioners Lockett, Vasquez and Welch were absent. The appellant spoke in opposition ofthe proposed CUP No. 03-08 and filed an appeal to the Mayor and Common Council on June 18, 2003. The appellant's grounds for the appeal are that the City has no judgement vesting property title in the City's name and the acquisition process is subject to ongoing eminent domain action (Exhibit C). The Inland Valley Development Agency (IVDA) has a pending condemnation lawsuit against Mr. Vibhakerbhai Patel. The court in this condemnation case has granted an Order for Possession of this property to the IVDA. The appellant is also appealing Development Code Amendment (DCA) No. 03-02. DCA No. 03-02 is to amend Development Code Chapter 19.06 (Commercial Districts) to modify the CR-3 district to allow not more than two drive-thru restaurants to be located within two parcels and not more than 600 feet west of Tippecanoe Avenue and immediately north of Harriman Place; and will also allow one drive-thru restaurant on the southwest corner of Tippecanoe Avenue and Harriman Place. This Amendment was tabled by the Planning Commission with no discussion and there is no action pending for consideration by the Mayor and Common Council regarding this Development Code Amendment. AP No. 03-JO Hearing Date: JO/20/03 Page 2 Senior Deputy City Attorney Henry Empeno advised the Planning Commission that presently there was no court order that would prohibit the City from processing and taking action on CUP No. 03-08. CUP No. 03-08 complies with all applicable provisions of the Development Code for processing entitlements. The appellant's grounds for the appeal are not relevant to land use planning. Please refer to the Planning Commission Staff Report, Exhibit B for additional discussion. This appeal was scheduled for consideration at the September 2,2003, Mayor and Common Council meeting, but continued at the request of the appellant. FINANCIAL IMPACT None. The appellant submitted the appeal fee. RECOMMENDATION Staff recommends that the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 03-08, based upon Findings of Fact contained in in the Planning Commission Staff Report dated June 3, 2003, subject to the Conditions of Approval and Standard Requirements EXHIBITS: A Location Map B. Mayor and Common Council Staff Report Dated August 26, 2003 EXHIBIT A CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS PROJECT: DCA 03.02 CUP 03-08 AP 03.10 HEARING DATE: 10/20/03 it NORTH e,e.- .3 -0J ai < Q) o c ....... ~ I Q) a. a. j:: ",. __--J. ,~ ya.... I , I -1- A MOt~TaLl 'Y ...,.( I C_T n ~I 1~~'rJ II ,'~J c . . ,,. r'h~ ..... C(IIIIIII["'IM., IlID EXHIBIT B . CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Dept: James G. Funk. Director Development Services Subject: Appeal of Planning Commission approval of Conditional Use Permit (CUP) No. 03-08 and Development Code Amendment (DCA) No. 03-02. CUP No. 03-08 is a request to construct a 3,220 square foot fast-food restaurant with a drive-thru in located at the southwest corner of Tippecanoe Avenue and Harriman Place and DCA No. 03-08 is a request to modify the CR-3 district to allow not more than two drive-thm restaurants to be located within two parcels and not more than 600 feet west of Tippecanoe Avenue and immediately north of Harriman Place; and will also allow one drive-thm restaurant on the southwest corner of Tippecanoe Avenue and Harriman Place. Date: August 26, 2003 MCC Date: September 15, 2003 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. O3-OS, based upon Findings of Fact contained in DC'lelopment C9de. C'h1pter 1936, Conditions Use Permits, Section ~9.36.050.. ~'W\i4 f ~ __ James G. Funk Contact person: Aron Liang Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 1f*- Agenda Item No. J..lo CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 03-08 AND DEVELOPMENT CODE AMENDMENT NO. 03-02 Mayor and Common Council Meeting of September IS, 2003 Appellant: Frank A. Weiser 3460 Wilshire Boulevard, Suite 903 Los Angeles, CA 90010 (213) 399-7806 BACKGROUND: Conditional Use Permit Applicant In-N-Out Burgers 13502 Hamburger Lane Baldwin Park, CA 91706 (626) 813-8263 Mr. Frank A. Weiser, on behalf of Mr. Vibhakerbhai B. Patel, is appealing the Planning Commission approval of Conditional Use Permit (CUP) No. 03-08. CUP No. 03-08 is a request to permit the construction ofa 3,220 square foot fast-food restaurant with a drive-thru in the HUB project area located at the southwest corner of Tippecanoe Avenue and Harriman Place in the CR-3, Commercial Regional land use district (Exhibit A). At its meeting on June 3, 2003, the Planning Commission voted to approve CUP No. 03-08. Commissioners Coute, Durr, Enciso, Morris, Sauerbrun, and Thrasher voted in favor of the motion and Commissioners Lockett, Vasquez and Welch were absent. The appellant spoke in opposition of the proposed CUP No. 03-08 and filed an appeal to the Mayor and Common Council on June 18,2003. The appellant's grounds for the appeal are that the City has no judgement vesting property title in the City's name and the acquisition process is subject to ongoing eminent domain action. The appellant is also appealing Development Code Amendment (DCA) No. 03-02. DCA No. 03-02 is to amend Development Code Chapter 19.06 (Commercial Districts) to modify the CR-3 district to allow not more than two drive-thru restaurants to be located within two parcels and not more than 600 feet west of Tippecanoe Avenue and immediately north of Harriman Place; and will also allow one drive-thru restaurant on the southwest corner of Tippecanoe Avenue and Harriman Place. This Amendment was tabled by the Planning Commission with no discussion and there was no action for consideration by the Mayor and Common Council. AP No. 03-10 Hearing Date: 9/15/03 Page 2 Senior Deputy City Attorney Henry Empeno advised the Planning Commission that presently there was no court judgement to prohibit the City from processing and taking action of CUP No. 03-08. CUP No. 03-08 complies with all applicable provisions of the Development Code for processing entitlements. The appellant's grounds for the appeal are not relevant to land use planning. Please refer to the Planning Commission Staff Report, Exhibit B for additional discussion. FINANCIAL IMPACT None. The appellant submitted the appeal fee. RECOMMENDATION Staff recommends that the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 03-08, based upon Findings of Fact contained in Development Code, Chapter 19.36, Conditional Use Permits, Section 19.36.050. Respectfully Submitted, James Funk Director of Development Services Aron Liang Senior Planner EXHIBITS: A Location Map B. CUP No. 03-08 Planning Commission Staff Report Dated June 3, 2003 C. Application for Appeal No. 03-10 Dated June 18,2003 EXHIBIT 1 CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS PROJECT: DCA 03-02 CUP 03-08 AP 03-10 HEARING DATE: 9/15/03 u NORTH , , --- .:;:...J 4i ~ Gl o C '" \,... ~ 0. 0. j:: I -11- t!\ I c~ OT =1 I~~t~ II ~~, . EXHIBIT 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Conditional Use Permit No.Q3-08 I June 3,2003 3 OWNER In & Out Burgers 13502 Hamburger Lane Baldwin Park, CA 91706 626.812.8263 APPLICANT: MSL Engineering, Inc. 402 W. Arrow Highway, No. H San Dimas, CA 91706 909.305.2395 REQUEST/LOCATION: A request for approval of a Conditional Use Permit to construct and operate a 3,220 sqnare foot fast-food restaurant with a drive-thru in the HUB project area. The proposed project will be in two phases, with Phase I for construction of the restaurant and Phase II for demolition of the existing drive-thru restaurant and completion of the remaining on-site improvements. The project site is located at the southwest comer of Tippecanoe Avenue and Harriman Place in the CR-3, Commercial Regional land use district. CONSTRAINTS/OVERLAYS: Flood Zone X (shaded) and Tri City Corporate Centre Overlay District ENVIRONMENTAL FINDINGS: o Not Applicable o Previous EIR, the HUB Project o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: o Approval o Conditions o Denial o Continuance to: r -'ditional Use Permit No. 03-01i June 3. 2003 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 (D) (4) to construct and operate a 3,220 square foot fast-food restaurant in the HUB project area. The proposed project will be in two phases, with Phase I for construction of the restaurant and Phase II for demolition of the existing drive-thru restaurant and completion of the remaining on-site improvements. The project site is located at the southwest comer of Tippecanoe Avenue and Harriman Place in the CR-3, Commercial Regiona11and use district (Attachment A). The site has been designed with a fast food restaurant fronting Harriman Place with parking immediately to the south of the building and landscaping located through out the project premises. The layout includes an outdoor seating area and the drive-thru aisle extending along the easterly property boundary and around the restaurant with the entrance area approximately 170 feet on the south side and the pick up window on the north side. Vehicular access to the site will be on Harriman Place (Attachment B). Operational Characteristics The proposed business hours for walk-in will be from 10:30 am to midnight and the drive-thru service will be from 10:30 am to 2:00 am, seven days per week. The proposed project anticipates the creation of about 50 jobs. SETTING/SITE CHARACTERISTICS The property site is irregular in shape and consists of approximately 1.07-acres. Surrounding the project site to the north is a vacant lot in the CR-3, Commercial Regional land use district. To the west, south and adjacent to the site is the new Sam's Club, which is under construction. To the south is the Interstate Freeway 10 on-ramp. To the east and across Tippecanoe Avenue are commercial activities in the CG-l, Commercial General land use district. BACKGROUND The DevelopmentlEnvironmental Review Committee (DIEDRC) first heard this project on April 24, 2003 and moved the project to Planning Commission. At their meeting of May 20, 2003, the Planning Commission approved a tentative parcel map for the HUB project area. This parcel map created the lot for the new IN-&-Out Burgers as well as Sam's Club and future commercial uses. ~dlllonal Use rermlll\JO. v~-uo June 3. 2003 Page 3 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 (2)(1), fast-food restaurants with drive-tbrus are permitted in the CR-3, Commercial Regional land use district, subject to the approval of a Conditional Use Permit. The proposed project complies with all applicable provisions of the Development Code as shown below in Table "A". TABT E "A" DEVET OPMENT CODE Al"!D G~NERAT fl.AN CO~FO~MANS;;E " - " , CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN CODE Permitted Use Fast-food Restaurant Permitted subject to N/A with a Drive-thru Conditional Use Permit Height I story - 26 feet 2 stories or 30 feet 2 stories or 30 feet Setbacks - Front 26 feet 10 feet N/A - Side (street) 26 feet 10 feet - Side (interior) N/A feet o feet - Rear 174 feet o feet - Drive-thru Aisle 26 feet 25 feet Landscaping 11,175 square feet 7,000 square feet N/A (24%) (15%) Lot Coverage 6 percent 50 percent N/A Parking 43 spaces 33 spaces N/A - Standard 41 31 - Handicap 2 1 Drive-thru 6 car stacking 6 car stacking N/A , 'ditiona/ Use Permit No. 03-08 June 3. 2003 Page 4 2. Is the proposed use consistent with the General Plan? Yes, the proposal is consistent with the General Plan goals, objectives and policies as follows: General Plan Goal IB states: "Provide employment opportunities for existing and future residents of the City and those of adjacent communities" The proposed project will provide employment and retail service opportunities for local residents and the surrounding community. General Plan Policy 1.17.30 states: "Continue and expand the Tri-City/Commercenter and Club areas as region-serving mixed use centers; capitalizing on their location along the Interstate 10 corridor, and establishing a well-defined linkage to the City's major commercial and industrial districts and residential neighborhoods". The project has been designed and conditioned to ensure compatibility with adjacent commercial and to minimize traffic safety concerns. 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 EIR prepared for the HUB project addressed the relocation ofIn-N-Out Burgers to this site. The applicable mitigation measures are carried over for this project. The EIR mitigation measures mitigate and address traffic and circulation issues. 4. Are there potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? The EIR identified certain environmental categories (transportation and circulation, air quality, noise and, cultural resources) for potential significant adverse impacts including cumulative impacts. Both project-specific and cumulative impacts were evaluated in the EIR. The City found that these issues and sub issues as discussed in the conclusions in the EIR can be mitigated below a level of significant and for those issues which cannot be mitigated, the MCC adopted Findings of Fact and a Statement of Overriding Considerations. 5. Are the location. size. design. and operating characteristics of the proposed use compatible with the existing andfuture 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? r 'ditional Use Permit No. 03-08 June 3, 2003 Page 5 The proposed project is 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. Site Desi~ The proposed layout complies with Development Code Section 19.06(2)(1) development standards for drive-thru restaurants. These standards include but not limited to: 1) 6-car stacking behind the menu board, 2) construct the drive- thru aisles with (pCe) concrete, 3) provide drive-thru aisles with 12-foot width on curves and II-foot width on straight sections and 4) drive-thru aisles, and structure are set back 25 feet from ultimate curb face. The proposed fast-food restaurant has been designed to comply with the new Sam's Club for architectural theme elements, materials and colors. The architectural elements include ledge stone veneer, trellis, awnings, arches & projections, columns, and other decorative features for the restaurant building. The finish materials and colors will compliment those of the Sam's Club building. Access Vehicular access to the project site will share the driveways to the new Sam's Club shopping center. There will be three major entrances to the new Sam's Club site on Harriman Place. The extension of Harriman Place through the HUB project site is currently under construction. All new cuts for driveways, curbs and gutters as a part of Harriman Place street improvements and extension will be in place in time to accommodate this proposal. Parkinl1 and Stackinl1 The Development Code Section 19.24.040 requires 32 parking spaces for this project. The proposal provides overflow of parking stalls with 41 standard and 2 handicap for a total of 43 stalls. The Development Code requires 6-car stacking behind the menu order board. This project provides stacking for 11 vehicles while proving adequate on-site parking and circulation. LandscllPinl1 The proposed landscaping of 24% on site exceeds the Development Code requirements. . r viilional Use Permit No. 03-08 June 3. 2003 Page 6 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 for lot coverage, height limitation, setbacks, landscaping and parking requirements as discussed and illustrated in Table "A". 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 all 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 the Conditional Use Permit. RECOMMENDATION Staff recommends that the Planning Commission approve Conditional Use Permit No. 03-08 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, I/wWJ C .1!D*.ItN :sr James G. Funk b- Director of Development Services ~ Aron Liang Senior Planner Attachment A Attachment B Attachment C Attachment D Location Map Site Plan, Floor Plan and Elevations Conditions of Approval Standard Requirements ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: CUP No. 03-08 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 6/3/03 u NORTH - i C .. LIH. [ o IP,J . [ ".~CIIt" "OI"Ta ~ C ~ .. t; _~ -.--. - :.. ",...11 ~ ....-'_'fO--..,."..WfW"'I~- --..- _~ __ ~mtIIIlIAIlCl>oIJIIoOOI _"~IIl' -r:-__".....___... .1no- . I ___..___-.___ D'tI~~Pft'I ':>NJ 'oNl'mHloN3T S r ^ r ,.. -- ow............_ 'tiN I Y 'f .J.N'fVW~ YDnI.1l"IO-N-N .l:JWaW _^. v ~"7 -"7 ~__<lf'r'" ----'Ow - , " -- . , ~,/ ~~ -------------------------------------------------------------------- <>- <>- <>- 3nN3^'1 3.oo'10~u...- ... N\1ld 3lJS 3j:V'~U. In ,1l : , i hi! .. ..."'" 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V.._..~.:....__..:== I ........";,"=~I-==.==-)mU!JJ ,[2)' .~' , ... ....... _..,'W -..,.. ___ L_ . ....J I au Uiiio)_m="-;' r---'--~. J ~,t 1. ~ ~i - I I . ~ I I I I I i~r IP 1'111,1 II! I ~ ; dlUlllhl III Ii" I. ~ I J i II! I I II II! I I III II I wM ,llllliillh 1IlI1IIIll I - I I I I 15,51 I II~IIII g 'I : ; ~ - \ \ \ \ .:.~ " ~\\ - H \ \ \\~ .. , II , ! 1 l Ii I! , 1 r, , ; . , ! , ; , I ; , i i I ' j i , , I' , ! : . , , ' JI I , , l A TT ACHMENT C CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 03-08 I. 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. Phasing of project construction/development shall be as follows: Expiration Date: June 6, 2005 2. 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 ensure that the project complies with all current Development Code provisions. 3. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. C",'. 4. 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. 5. 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 necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. 6. 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. 7. 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. 8. The speaker boxes shall be maintained so that no noise level shall be audible beyond the property line. "".,' ._. 9. Signs/banners may not be placed on or over the roof or within landscaped areas. 10. The applicant shall be responsible for posting signs prohibiting litter and loitering. Management shall be responsible for enforcing this provision. 11. All graffiti shall be removed within 24 hours of its occurrence. The management shall take a photograph of the graffiti and provide to the Police Department before removing. 12. rfpay phones are installed, they shall be placed within the building and setup for outgoing calls only, with no incoming calls allowed. 13. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Plan Check Division b. Public Works c. Fire Department d. Water Department e. . Public Services Department f. Parks, Recreation & Community Services ....,.. ) City of San Bernardino STANDARD REQUIREMENTS Development ServiceslPlan Check Division - Property address: DRCICUP/DP: c.u P 03-08 DATE: c:::r(z4/fJ '3 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): 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/Accessibllity (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. FOR PLAN APPROVAL 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 them 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 structures 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. 5. Submit grading, site, and/or landscape plans to Public WorkslEnglneering for plan check approval and permits. For more Information, phone 909-384-5111. 300 N '0' Street San Bernardino CA 924\8 909-384-507\ Office 909-384-5080 Fax 6. Fire sprinkler plans, fires 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. Occupancies 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 & policy 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 IMPLY 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 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESIPUBLlC WORKS DIVISION CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N..oUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANITIPPECANOE . NOTE TO APPUCANT: Whef8 separate Engineering plans are f8qulf8d, the applicant is f8sponsible for sUbmitting the Engineering plans directly to the Engineering Division. They may be submitted prior to submittal of Building Plans. 1. Drainage and Flood Control a) The development is located within Zone X (shaded) on the Federal Insurance Rate Maps and may be subject to sheet overflow to a depth of less than 1 foot in a 100 year storm; therefore all building pads shall be raised above the surrounding area as approved by the City Engineer. / 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) Applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 1 acre of more of land. Page 10'10 Pages 4/2812003 ,,~,- -, , STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. 03.()8 DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N-OUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANITIPPECANOE e) The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. Grading and Landscaping a) If more than l' 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 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. c) 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. d) 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"). Page 2 of 10 Pages 4/2812003 \ I STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P.03-O& DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN.N-QUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANfflPPECANOE . e) 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. f) 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. g) The Drive-through lane and the parking area adjacent to the building shall be constructed of PCC concrete pavement. h) 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 the surface of the parking lot during hours of operation and 0.25 foot-candles security lighting during all other hours. i) 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. j) 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. Page 30flO Pages 4/2812003 ,~ STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P.03-OS DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N-OUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANITIPPECANOE k) Where the handicap accessible path of travel crosses drive aisles, it shall be delineated by striping or textured/colored concrete pavement. I) 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. m) 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. n) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. 0) A Landscape Maintenance District shall landscaping within the following areas: Laurelwood Avenue. be implemented to maintain Tippecanoe Avenue and p) All required maintenance districts shall be formed prior to issuance of grading permit. q) Separate sets of Landscape Plans shall be provided for the Landscape Maintenance District. Page 4oflO Pages 4/2812003 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESIPUBLlC WORKS DIVISION CASE NO: C.U.P.03-OS DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N-QUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANITIPPECANOE r) 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) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. c) This project is located in the sewer service area maintained by the City of San Bemardino 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. d) Utility services shall be placed underground and easements provided as required. Page 5 0'10 Pages 4/2812003 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P.03'()S DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N-oUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANITIPPECANOE e) 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. f) 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). g) 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 ). h) 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. Page 6 of 10 Pages 4/2812003 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N..oUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANlTIPPECANOE 4. Street Improvement and Dedications a) All public streets within and 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: Street Name Right of Way~ Curb Line@ *TIPPECANOE AVENUE 65' - 60'* *SEE COMMENTS LAURELWOOD AVENUE *SEE COMMENTS *SEE COMMENTS *SEE APPROVED/FILED IMPROVEMENT PLAN NO. 10373 Page 70f10 Pages 4/2812003 ,y~- 'I STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N-oUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANITIPPECANOE c) Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer. d) Construct sidewalk adjacent to the site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). e) 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. f) 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) Curb returns at the intersection of two arterial streets shall be 35 feet unless otherwise approved by the City Engineer. h) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2. 5. Required Engineering Permits a) Grading permit (If applicable.). b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. Page 80(10 Pages 4/2812003 l . STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N.QUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANITIPPECANOE c) Off-site improvements construction permit. 6. Applicable Engineering Fees! a) Plan check and inspection fees for off-site improvements - 4% and 4%, respectively, of the estimated construction cosf of the off-site improvements. b) Plan check and inspection fees for on-site improvements (except buildings - See Development Services-Building Division) - 2% and 3%, respectively, of the estimated construction cose of the on-site improvements, including landscaping. . c) Plan check and inspection fees for grading (If permit required) - Fee Schedule available at the Engineering Division Counter. 1 All Fees are subject to change without noUce. 2EsUmated ConstrucUon Cost for Off-Site Improvements Is based on a list of stllndard unit prices on file with the Public Worlrs Division. 3 EsUmated ConstrucUon Cost for On-Slte Improvements Is based on a list of standard unit prices on file with the Public Worlrs Division. Page 9 of 10 Pages 4/2812003 .,.~..t:;:. ~ STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P.03-OS DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N-OUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANITIPPECANOE d) Drainage fee in the approximate amount as follows based on $0.455 per square foot for the first 3,000 square feet of impervious lot area (estimated as 85% of the net lot area), then $0.156 per square foot of remaining impervious lot area or fraction thereof: $3,724.03 e) Traffic system fee in the estimated amount of $29,000.50. Based on 1,598 trips per day @ $16.689 per new trip generated by the project. The City Traffic Engineer shall determine exact amount at time of application for Building Permit. f) Sewer Connection fee in the approximate amount as follows based on $257.70 per 3,000 square feet or fraction thereof: $515.40 g) Sewer inspection fee in the estimated amount as follows based on $21.72 per connection: $21.72 h) Street or easement dedication processing fees in the amount of $ 200.00 per document. Page 10 of 10 Pages 4/29/2003 ~ -6"w -ri PI?"::" ~oG'~/LL~MRrJJ~ , GENERAL REQUIREMENTS: ~ Provide one addiUonaI HI: of construction pla"$ to Building and Safety fer Fire Department use at time 0' plan check. Contact the CIty of San Bernardino Fire Department at (909) 384-5585 for specinc cMtaJled requirements. The developer shall provide for adequate tire flow. Minimum fire flow reQUlremems shaU be based on square footage, construction features. and exposure information suppled by the developer and !!!y!! be aV8ilab~ Drior to pl8C1ng combustibJe materials on site. 1 CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case: ~~ ~3 -oA Date: . l Reviewed By: '4~ I? / . WATER PURVEYOR FOR FIRE PROTECTION: to The fire protection _tar seMce for the area of this projact is provided by: ~ 0 Sen Bemardlno Municipal Waler ~l1menl-Engineering (909) 384.5391 o Em Velley Waler Diolrict-Englneering (909) 888-8986 o Other Weier PUMlY'l" Poona: PUBUC FIRE PROTECTION FACILITIES: ~ Public fire hydrants.. required along streets at intervals not to ex~d 300 feet for commarcial and muhj.residential areas and at inlervals not to exceed soo feel lor_ _. ~ Fire hydrant minimum flaw rat.. of 1,500 gpm at a 20 psi minimum residual pressure ars required for commercial and multi-residential areas. Minimum fire >" hydrant flow rates of 1.000 pn at a 20 psi minimum ....idual p!'8SSure are required for residential areas. 10' Fife hydtent type end specific Iocalion shall be joinUy delerminecl by the City 01 Sen Bernardino Fire Depel1menl in conjunction with the waler purveyor. Fire 7" hydrsnI m81_ end ____ sheJI conform 10 the llend8rdo end specificalions 01 the water purveyor. ~ Public fire hydrants, In services. and public water facilities necessary to meet File Department reauirements are the developer's financial responsjbiIity and 'j\ shall be installed by the water purveyor or by the developer at the waler purveyor's discretion. Contact 1he wate. pul'\<eyot indicated aboYe tor additional information. ACCESS: 8 Provide two separate, dedicated route& of ingress/egress 10 the property entrance. The routes shall be paved, all weather. Provide an aoc:eu road to each building for fire apparatus. Access roadway shaft have an all-weather driving surface of not less than 20 feel of unob- 8lrucled _. o Extend roadway to oMthm 150 teet of all portions of the elderior wail of all single s:ory buildings. o Extend roadway 10 within 50 feet of the oxterior well 01 ell multiple.story buildings. o Provide "NO PARKING- signs whenever parking of vetlicJes 'NOuld possibfe reduc~ the clearance of access roadways 10 less than the required width. Signs ere 10 read "FIRE LAN~O PARKlN~.C. Sec. 15.1S". o Dead-end streets shall not exceed 500 feet in length and shall "ave a minimum 40 foot radrJS turroarIJund. o The names of any new streets (public or private) ahall be submitted to the Fire Department for ctpprol/al. SITE: ':25. AD access roadI and streets are to be constructed and usatHe prior to combustibte constrtrction. o Private fire hydrantI.haII be inataIIed 10 protect each buildirg located more them 150 feel from t.ls curb line. No fire hydrants shoukl be Mthin 40 feet 01 any exterior wall. The hydrants shall be We' 1lafNlIype. with one 21h Inch and 4 inch outl~t and approved by the Fire Department Areas adjacent to fire hydrants shall bedulgnated u. "NO PARKING- zone by painting an R inctl wide, hid slnpe (or 15 fee' in each direction in front of lhe hydrant in such a manner that it wII not be blocked by parked vehiCles. lettering to be in while 6" by h". BUILDINGS: l\:Y Address numerals shall be instaJled on the butlding at the 'rvnt or other a~p;cvelj liJ.:at;("'l ,n ~....-:'h 3 manner as 10 be visible from the frontage street. Com. J"C. mercjal and multi family addrels numerals shaH be 6 inches tall. single tarr.i1y ad(jfe~.~ !'ll.'m':::"3Is shall ~ 4 inches tall. The color of the numerals shall con. !rast \\flh the color of the baCkgrourr:l. ~ ldenlify each gas and electric malar 1MI:h the {tUmOOr of t~ unit 11 selVes. e - Fire extinguishers must be in&taJktd prior to it.e bllildi"g being ccclot:'ied. The minlml!ffi ratin-J I. \.. ,::n,; firs extinguisher is 2A lOB/C. Minimum distribution 01 lire extingutshers must be such that no im~ricr part 0' tt-.e buHding i~ o.....er 7'5 ;eettra'Je: d;st:.;.lCc hom a lire eldinguisher. o Apartment flOUl8a with 16 or more units. hotels (motels) ~th 20 or lOO(a units, o. apa.1nlllr:t!; :':'f hoti:Hs {moteJs} three stories or more in height IhaiI be equipped with automatic fire ,prinklflrs OEtsigr;ed to NFPA staildaro:.;. o All buildings, over 5,OCXJ square fMlt. shall tie equipped with an ailtoHlahc fIre $I.)linke" :;~'50:;;;'f' ddsi~neC tl) NFPA standards. This includes existing buUdings yecanl over 365 days. ____ C .< J ~ Submit plans lor the fire protoction system t,j .he Fife OeJ).,ftr:lert ~r1c,r to bt:::ginnmg (A)n::II;.:,:tl..,'1 of the :;y~tarn. p. errml required. /"'CI:. .;Jf.~Sflor" n Tenanl improvements in al spri!'Jk4ered b\Jildil t('s are to bf' approve:i bv 1I",e Fire Department poor to staft 'J1 construclion. Permit required. :Jy n-~ fY"\ o Provide fire ala"" (required thl'OlJ9houtl. Pll;ln5 '":"lust t-e approved t:t fl'",(, Fire DCpclrtment prior to siart ~if ,nstallatloi:. Pamllt required. i Fire Depclrtment connection 10 sprinlder s/st~m:standojpP. Sjster.l shal! tie reQuired at Fl.e Departm(!nt..PEp~ved location Fire C_ PonnII required, sppIy el200 e.sl -'rd streel. (%9) :;a4.5.ltl8 ~ l' -:;5~ IV' 8Ly 1'1<5S'7"Av/l r Fire Sprinkler monitoring required. Plans. Inust tJe approv~ by tilt) F II ~ Department prior to the slart 01 construction. Pe~equired. o Occupanl Load. Note: The applicant must request, in writing. ar.y ;~"angE'l~ 10 Flrlo ilepartmen! requirements. ADDITIONAl. INFORMATION: _ FPBI70(O)-Cl31 SAN~~OMVNIClPAL WA'l'EltI)EpAR~ STANDARD REQUIREMENTs io..;ewofPlaao~ c.u..P ~C1. O~ D.te.., 'loci' s= 9-D:1 ~ r~- -0",-. fl.r.E't;; /~f.~~: '7>,""/~p Typecf~t'l"'w:~u.tJ""'/l)Pl.tA'rE 'N~N"f1v..rJ~= N......oIU.. . ' A r........... Se.A.l1\wr('T (l'lfNU 1!lE.nt~UllU.. WAftII nll:PAlI'Rn'NT DGINDRIN"~ . Ccmt.ct: ::J"1J<IE~ 'bYf_ .......: ~. F.: ~ - ST:J 1- Nullo: AU W... .s.Mc. ... Subject to lba RuJee a: 11.,,-'- atllae Wiler ~. J(SiaofWaiuAd~IIIaPrqj.ol: /2." ~c...TiLL I~YfPe.. ,tJ J.J.~ PlAce- )f.AppnllIimotoW_Pr 1I1U:~ EM.Ibaotw.r.1lI :z. H"hutFlowa20poi: I( Type, Si&, LocoIioa, aad ~ to N_ PiN H)"dnaI; " - ~ Fr- IN-~-O 'T ;r oF c... o I'reraIn ~OI" Requizad OIl. t"botomcr'. sid. em .. MeIer. o OfHo W.... PMi1iIi.o ltecpred. . o Asea Not Served by s... Benludillo M",,;,,;p.1 W.... ~. cC"""'-', WATI:R OUAUTY NlNTRnJ,' Caaot: l' AW A-RJ.JP~ ""'- ~ Fo: ~- rz.. (,0 "R.P.P. ,- '-'1owDevioe~~""'ice(,Ol.<1>";"" J:oR.. l>oMESTlc..- SU"tL-- )(Dauble CMck Boclcflow o.v;c.lteIpsired oj ~ c ow. rot. 11tR.Iti,f1l0~..... flU--~E-IW'c..I, ~ Davlce to be Ir"ll " ~ Befoce W.. Servioo _ be AcIWcocI. o No BoddIow Device JleqIIinId .tna TimL blVlRONMJ::NT AL fYlN'I'ROLIINDII!I'I'RIAL W AS'I'E, CoI1lad: A~Y r-M'py 1'hoIlo:~-.n..1~ F.:.m-S-z..S-9 Noel: NO Briae R'8"''''.'' W_ ~ Nay be r-u.d. U.... HoIdioc lad IIIuIiDs it Provided for !be Briae. AU w.....,..... will be a 12110 GaJJoa CopKity wiIh a SaqlIe 1lo11Dc~l(Ied. o IIlclusIrial Wut" lWmit bquind. C G.- ~......~. C SaadIOiI ~ llequinld. 0 No InuM oj Ibis T_. o~bquind. _WEll ~.&.PAf'!nVIN1i'nD"~"ON~ C~ NUL '1'l\otol\~(I\IPboae: :r'4t/-5D93 FlIX: 38'1-rn-v NOle: Proof ofl'~ MUll be Subn1iIted to lhe Buiklina . Safety ~ Prior to ,'.,"_ of the 1Io.;ld:... PermiI. C No So_ c.p..,ily P... Ai>r" LID d This Tm.. )(s...... C8jlKiIy Foe MUll Be PlIid 10 the W_ ~ for fila pane.;. Per Day, EquivaIoot DweI1iDc Uaits: ~,1l8 o SubjIct to Reoalculatioo of F.... Prior to tbe J- -. 01110,;"1'" Pennit. Bnookdown ofPatu..-l GaJIoaa Per Day, ?4 ~ d!t I ~ = I.lItJ..r , L4: ~.fir eIii~ AI. .,lR/rt - 3Da (~~.J,.-,) 8>10 .<.< ~fIJ,"" C!WJl City of San Bernardino Parks, Recreation and Community Services Department Standard Requirements " In-n-Out Burger Tippecanoe Ave. Case: Cup 03-08 Date: 5-27-03 Reviewed by: Jim Gondos General Requirement: ( X) Commercial Industrial and Multi-Unit () Assessment District () Residential () Purpose, Guidelines and submittal procedure ( X) Irrigation and Landscaping Plans. () Contact the City of San Bernardino Parks, Recreation and Community Services Department at (909) 384-5217 or 384-5314 for specific detailed requirements. Specific Requirements: ( X) Maintenance of landscape areas () Planter Areas () Interior Planter Areas ( X) Irrigation Systems () Setback Areas () Slope Areas () Ground Cover and Bedding Material () Erosion Control () Weed Control Plant Materials: () Plant list and climatic conditions ( X) Street Trees ( X) Plant Material Size Requirements and Ratios Inspection and other Requirements: ( X) Irrigation System ( X) Landscaping () Hardscape Items ( X) Street tree Specifications () Arborist Report () Removal or destruction of trees ( X) Screening Requirement (City, Dev. Code) Note: The applicant must request, in writing, any changes to the Parks, Recreation and Community Services requirements. Additional information: Standard reauirements are issued for the landscaoinlZ and irrilZation of this oroiect. The desillD theme of the frontalZe alonlZ Tiooecanoe and Harriman Place will include turf to match existinlZ oroiects. _-!r.~: . City of ~an Bernardino Public Services Department Development Project Conditions of Approval 300 North 0 Street - 4th Floor San Bernardino, CA 92418 . " Project Number: CUP 03-08 Project Planner: Aron Liang Review Date: 4.24.2003 Project Description/Business Name: Demolish and relocate In-N-Out Burger fast food restaurant and drive thru. Project Locadon/Address: APN 0281-082-16 et al (current site @1944 South Service Account: Jack's Tippecanoe) Reviewed By: Michelle Dyck-Tumer e-mail: dyck-turner _ mi@ci.san-bernardino.ca.us 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 and EIR If required for the project under CEQA. C8J Demolition & Site Preparation I 0 Construction / Renovation I D Business Operations or Event . Additional Requirements or Recommendations Applicant shall complete an Integrated Waste Management Survey for the demolition and site preparation of the project. Applicant shall also redesign refuse enclosure to meet Public Works Standard 508, dimensions 8 xIS', incoroporatlng the attached pedestrian access design. Any storage areas for grease bins or any other bins or equipment other than refuse and recycling bins must be enclosed In a separate (but may be adjacent) enclosure. Enclosure alignment and access for services vehicles is acceptable as drawn. MD/PS4.22.200J v City of San Bernardino Public Services Department Standard Development Requirements 300 North D Street - 4th Floor San Bernardino, CA 92418 . . COMMERCIAL & INDUSTRIAL DEVELOPMENT Collection Services I. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and Industrial locations within the City shall be provided by the City of San Bernardino Public Services Department unless otherwise franchised or permitted. [MC ~ 8.24.140] 2. New accounts require a completed Service Application, with a full deposit and a copy of manuals for all compactor units, returned to the Oty of San Bernardino Refuse & Recycling Division prior to issuance of the final Certificate of Occupancy. 3. Shared refuse and recycling services for multl.tenant commercial sites shall be billed to a single owner or property manager; leases shall Include tenns, to accommodate sub-metered services. 4. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twlce weekly, and all other solid wastes shall be removed at least once weekly. [SB County Health, Sanitation and Animal Regulations ~ 33.083] 5. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish Oty recycling services for maximum diversion within 30 days of opening business, llJ: 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 4O-foot turning radius for a 32-foot vehicle length . A hammerhead turn with a 4O-foot turning radius for a 32-foot vehicle length Gated Access 9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services. Roll-off Compactor Units 10. Sealed compactor units dedicated separately to refuse and recyclables may be required to be Installed at facilities with an anticipated waste generation of 60 uncompacted cubic yards per week. 11. Roll-off compactor units must be installed according to manufacturer's and City Engineering specifications with the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter for safe access. 12. Roll-off boxes at locations receiving City service must meet City rail and hook specifications per City Engineering Standard 510. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side design may be subject to a roll-back charge. 1 3. Compactor equipment shall be screened from view of public right-of-way by materials compatible with building architecture and landscaping as specified by City of San Bernardino Development Code. [MC ~ 19.20.030 (21)] 14. 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. MDIPS4.22.2003 City of San Bernardino Public Services uepartment .standard Development Requirements l'age 2 of 3 '~.xlstIng Bin Enclosures 1 5. Existing bin enclosures must have minimum Inside dimensions of 7'9" x 9' OR 1 5' x 4'5" to fit two 3CY bins, with block walls, Inside bumper guards or curbing, and solid steel gates, OR enclosure(s) must be reconstructed to meet Engineering Standard 508, and the enclosure may be relocated for best drive access and allenment, plans subject to Public Services approval. (Please note, If site will generate less than 2CY of solid waste per week, see Residential Collection opdons.) Front-load Bin Enclosures & Access 16. Minimum double-wide enclosures of 8 feet by 1 5 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 ~42911] 17. Front-load compactor units must be contained in an enclosure large enough to hold the unit and one addltlonal bin facing lengthwise. 18. 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 +foot width, no gate or door, and an 'L' shaped block screen the same height of the enclosure. 1 9. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved, without crossing curbs, steps, or driveways. 20. Enclosure pads shall be level to restrict bins from drifting and deslened for proper drainage of surface water. 21. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code ~ 1103.2.2] 22. 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. 23. 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. 24. Enclosures shall be located with gates aligned for straight access for service vehicles. 25. 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. 26. 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.. 27. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. Multi-unit Dwellings 28. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. 29. Disposal chutes Incorporated Into multi-story buildings must have dedicated chutes for refuse & commingled recyclables. Both chutes shall be c1eariy and permanently labeled at each chute opening and exit. [Specifications adopted In accordance with Model Ordinance as required by CA PRC ~42911] MDIPS4.22.2003 City of San Bernardino Public Services Department Standard Development Requirements l':Ige 3 of 3 . RESIDENTIAL TRACTS 8{ LOTS Collection Services 1. Resldendal refuse and recycling services are to be provided by the City of San Bernardino Refuse 8{ Recycling Division a minimum of once weekly. 2. The City shall provide upon requen one set of a blue, green, and black 96 or 64-gallon automated service cart to each single family unit, OR one set to every 2 units In muld-unlt dwellings up to B units. 3. Commercial requirements shall apply to all muld-unlt dwellings over 8 units, unless otherwise approved. 4. Nonresidendal establishments such as small offices, shops, meedng 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 residendal block receiving automated cart service shall meet resldendal rather than commercial requirements. Automated Cart Storage 8{ Access 5. Resldendal units shall connruct a minimum 4 feet by 11 feet concrete pad located out of view of public right-of-way for norage of each set of up to 4 automated carts. If visible from the public right-of-way, the norage area shall be screened by landscaping, or masonry or solid wood fencing. 6. The path of travel from the storage pad to street shall be condnuously paved without step or curb with 4-foot minimum gate openings In walls and fencing. The path of travel may Include a paved driveway or pado area. Service Vehicle Access 7. Projects shall meet City Engineering vehicle access requirements on all meets within a resldendal tract. These requirements shall not limit requirements for Fire vehicle access. Curbside Service Area 8. A minimum 14-foot linear space on the street along the curb adjacent to the driveway of each residence must be clear for automated service carts, with a minimum 2-foot setback and 13-foot verdcal clearance of all obnrucdons such as structures, fences, and raised landscaping. Gated Access 9. Gated properties that are locked and unmanned on service days anydme between the hours of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services. MDIPS4.22.2003 ,..... fity of SIl/l BenIllrdillo Devell1fment services .. DepllrtlllCllt , Application for Appeal A? \JS-\\) EXHffiIT 3 APPEAL FROM A DECISION OF THE (check one) o Development Services Director; ~.Development!Environmental Review Committee; or )SI.. Planning Commission Casenumber(s): ~~e.,-~"'I>....K" c..~e ~\o'.R~-~' tlS-oc. o.~..l c..._~\.~;,..._\ ~S.e , \t..,_~1oc:. ..s'O. 1;)'3-..e'l ' : Project address: ' ~ \..:s - ' Q""Z. ~ \ ; ,,~ 2. -\.~ J \ -, 2f: ,L. r . So r:: !) ~ , . Appellant's !lame: \~\\~ _~,-", ~,~~\' -I,;- ~\""......L""'lt..":> ~. \....\~\ . ,. '. . ',.' Appellant's address: \o;:\u,," b. ,-, 00 ~r~"t.. ' ~4e., <:;. 0..-> ~e.~ ""~v.l...... c p". 0...'1."1.,,'6' " I 1.\1\0 Appellant's phone: ("\<:>....') "',\.t~. ~ 1"2.. \ Contact person's name: ~ ....<>-.....'L. ~. We.';.su_. ~~c>w ",,~...:>..c '-""..::> Contact person's address: ~""'o--'L: V:>N~- '5\.VP.. \,::,,~c\...:,~ ~'\..\II:>'1 'S.-\.e. c)"\:>'3.'\.. .fl.'. C#., Contactperson'sphone:C"'t.'1."~,,\I{-C;;'I.h4 0,," ....00-.'0 ~,~\ ,o,p"..... ~l:>b Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application fonn within 15 days following the final date of action, accompanied by the appropriate appeal filing fee. , Appeals are nonnally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You wi\1 be notified, in writing, of the specific date and time of the appeal hearing. < OFFICE USE ONLY Date appeal filed: ov\:%\~3 Received by: ~ ~ - fDJ rncsrnowrn fnl UU JUN t 8 2003 12; CITY n ~AN BERNARr " t..lL'J.'MENT SflNI ,,'J UEPARTMEN I ".;> , . 5/\10\ REQUIRED INFOll.MA TION FOR AN APPEAL .pecific action being appealed and the date of that action: "l;iQ.v.. "...\. ,,~ c.... ~ ~'.~\. ",_\ ~t (. .. . l(.e.v....:.~ ~o. l::ll-o~ ~~",......~.b..') ("\o......<:\...........~-> o..o.:>,l o~".k....., ot 0... ~..r'U-.l€ ~.rv- ~.....s~ . \oeJ... vel:\- ~v-.....-~ I> '" ~~~,lt.\..\. ....~~ r\ th/..\;)t....~ \pc.......bd. _~ \C\\4~. V~O'L~""""O(.. ~').l!. S......... ~lt._~~vJ..:...o (A , " \' J n.. ~~"'n .....\'llt.k\'~ ~k,,,t..\"~Y'-e~ (...J.9 ~ rv~~ "'L\.-~ ~o. O"J'- ~G.- s\.......I.L \'t ~t..V'.,d. Specific grounds for the appeal: \..~~...v-\:.s' O\...,.e ~ ~~v..CyS" ~ \Q.,.\~S. "'.... \!:-r:......,.oe. ~...e., ~ c::~ \.........5 ~o ~~~VJ-A: ___1.c -Q...re.tc_-\::: ~~..:... ~~\lt. \.--. C....\,-..'s. ""_I^-L. ~,_c.o-(e. xS xv\~e:~~ .......- ~O.'..>a P..__..........x. ~.P....... "-'\;:;. ~o"'?~~\J ~ -.J. l(...&:.(.\...~:~. Co-s... ~. Sc..~~ ~o..\'\,- ..J... C-'-I . 03 -o'b 'v" . ".. ...~c.. ~ ~.~ c...A\."" '0.:,.:; ,.) \J\o\. '.. ""tl~. i . " ~~...~ tI\..(.,As or- \!).~.+ sM.e ~~.s\,:>,~~":>.. Action sought: T ~~..)e.v~e ~,e.e."{'- "" 0...... c..\.l~ ~le \'\0. OJ-o<... ~o. ~3 ~o~ . ... -..) ~. ~., ~c..\...l! ....e-S .. Additional information: ., . Signatl1reofappel1ant~~ n. ~^')D.:..." .....~........:>...,~o..,. ~\,i\.\.~ Date: ,- \'\ -D 3 2 5/1101 ..5c',T-19-03 13:17 . pet is 03 10:24p 1133837368 LAW OFFICE FRANKWEISER P.01 R-034 2133837368 Job-406 p.1 LAW OFFICES FRANK A. WEISER LEONARD NASATlA OF COUNSEL 3460 WILSHIRE BOULEVARO,SUITE 903 LOS ANGELES, CALIFORNIA 90010 TELEPIIONE: (213) 384.4iPG4 FACSIMILE: (213) 383-7368 REFER TO FILE NO. October 20, 2003 BY FACSIMILE Henry Empeno Deputy City Attorney City Attorney's Office City of San Bernardino 300 N. "0" Street, 6th Floor San Bernardino, CA By Facsimile - (909) 384-5238 Re: City Council Appeal for University Inn Motel located at 1914 S. Tippacanoe Ave, concerning Inn & Out Burger expansion onto motel property/ Hearing set for October 20, 2003 at 7:00 p.m. in Citv Council Chambers Dear Mr. Empeno: Pursuant to our conversation last week, I am sending you this letter to codify our understanding that my clients, Vibhakerbhai B. Patel and Vimalaben V. Patel, owners of the property locate at 1914 S. Tippacanoe Avenue, San Bernardino, California, request a contiuance of the above referenced appeal for approximately one month. The purpose of the request for a contiuance is to determine if the is matter can be settled without further litigation. As you know, my clients secured a $674,000 judgment against the Inland Valley Development Agency several weeks ago ln the San Bernardino Superior Court located at 351 N. Arrowhead Avenue, San Bernardino, CA in the case entitled Inland Vallev Development Aqencv v. Vibhakerbhai B. Patel. et al.; Case No. SCVSS 089192. While we were gratified that the jury in a 11-1 verdict rejected the IDVA's appraisal of $518,000, my clients believe that had they been able to present additional evidence that they would have been able to secure a much higher judgment. Additionally, there remain issues (including other issues that I will not detail in this letter) regarding the IDVA's right to even take the property. Nevertheless, an offer has been made to the IDVA to settle this matter which I believe will be presented to the City Council for consideration. r-\en'"\ 1f: \9 IO/wjo3 OCT-19-03 23:27 '" Oct is 03 10:24p 2133837368 LAW OFFICE FRANKWEISER P.02 R-034 2133837368 Job-406 p.2 Henry Empeno Deputy City Attorney City Attorney's Office City of San Bernardino Re: City Council Appeal for University Inn Motel located at 1914 S. Tippacanoe Ave. concerning Inn & Out Burger expansion onto motel property/ Hearing set for October 20, 2003 at 7:00 p.m. in City Council Chambers October 20, 2002 Page 2 By Facsimile - (909) 384-5238 I will be attending the scheduled hearing tommorrow night and look forward to seeing you at that time. I appreciate you cooperation in the matter. continuing courtesy and Sincerely, ~ 0--.tA.0~ Frank A. Weiser Attorney at Law FAW:aw 1)502 ""moor};'''' L;,rn: R;aklwiP PaTk. Califlbtnia 9170'-S8US ((j:lbl 813-32UU ~ - c-P. . - ~ .....- - (-~ IN.NsOUT C!il~ 8URGER Oclober 20, 2003 The Best Enterprise Is ^ Free &ttprpriS4:"" HAND DELIVERED Mayor and Comrron Council Community Development Commission City of San Bernardino 300 North 'D' Street San Bernardino, California 92418 Re: City of San Bernardino (the 'City") Planning Commission Concfrtional Use Permit o:Hl8 (the 'Cup") af In-N- Out Burgers iINO') Dear Mayor Valles, Common CounCIl and Community Development Commission: k; the City is ifN3re, INO is committed to the economic development and prosperity of the City. k; part of this comrritmen~ over \he past several years INO has been an active participant in \he HUB Project INO believes the HUB Project WIll benefit the City in numerous ways, includIng the redevelopment of the HUB Project area, the creation of jobs, the availability of additional retcilers and services to the community and the related street and intersection imprOVements to Tippecanoe Avenue, Harriman Place and Laurelwood Drive. 100 consensually agreed to make a significant expencfrture of the time and resources of INO to reIocale INO's business to a new and expanded restaurant containing a sit doWIl eating area, a driv&-thru lane with stacking for seventeen (17) cars and ample parking. k; piilt of the new restaurant faality of INO, INO was required 10 obtain the CUP from \he City. Unfortunately, for reasons that do not direcUy relate 10 the CUP, the decision of the Planning Conwnission to issue the CUP has been appealed. INO understood the City intended to indemnify INO from any loss and fiabifily in oomection with the appeal. Re<;en1Iy, however, INO was informed Ihalthe City was not WIlling to indermify IND. Faced with the prospect of either potentially becoming involved in extraneous matters or retracting the CUP unbl the mailers are resolved, INO chooses lIl1emporarily retract the CUP application. The foregoing decision of INO should not be construed as a lack of resolve or CO!TITlitrnent of INO to proceed forward and participate in the HUB Project INO has enjoyed the support of and has been an active participant in the local community for over twenty-one (21) years at the Tippecanoe restaurant Furthermore, INO intends 10 continue \0 operate at the existing Tippecanoe restaurant until the completion of the new restaurant INO is grateful for its relationship with !he City and looks forward 10 an eKpanded presence in the City once the impediments 10 INO's expansion have biDfM/l1ll1lltll Record It C",,,,!:,IIr.mvOevCms Mtg: Very truly yours, IN-N-QUT BURGERS bv . L~~ ;;: ' re !\Hellda Item 1#1 ~r .:/... ~IJa...-1 ~,L IA -,J' J.. L Fred G. Encinas, CCIM WlJA.../r }It..(UWl4..) J)ejJIA Director of Real Estate City Clerlc/COC Secy City of Slin Bernardino "God Bless America" . The Customer Is Everything To Us /~/IJJ()3 ( jq) 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.ci.san-bernardino.ca.us October 22, 2003 Mr. Frank Weiser 3460 Wilshire Blvd., Suite 903 Los Angeles, CA 90010 Dear Mr. Weiser: At the meeting of the Mayor and Common Council held on October 20, 2003, the following action was taken relative to the Appeal of the Planning Commission's approval of Conditional Use Permit No. 03-08 and Development Code Amendment No. 03-02, to construct a 3,220 square foot fast-food restaurant with a drive-thru located at the southwest corner of Tippecanoe Avenue and Harriman Place: That the matter be tabled. Our records indicate that we have not yet received the $75 fee for processing your request to continue the above matter from September 15, 2003 to October 20, 2003. Please make your check payable to the City of San Bernardino and mail it to the address listed above. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, ~/~JJ . alatt Rachel G. Clark, CMC ~Jn,- City Clerk RGC:lls cc: Development Services In-N-Out Burgers, 13502 Hamburger Lane, Baldwin Park, CA 91706 CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION ORiG\NAL Subject: Appeal of Planning Commission approval of Conditional Use Permit (CUP) No. 03-08 and Development Code Amendment (DCA) No. 03-02. CUP No. 03-08 is a request to construct a 3,220 square foot fast-food restaurant with a drive-thru in located at the southwest comer of Tippecanoe Avenue and Harriman Place and DCA No. 03-08 is a request to modify the CR-3 district to allow not more than two drive-thru restaurants to be located within two parcels and not more than 600 feet west of Tippecanoe A venue and immediately north of Harriman Place; and will also allow one drive-thru restaurant on the southwest comer of Tippecanoe Avenue and Harriman Place. From: Dept: James G. Funk, Director Development Services Date: August 26, 2003 MCC Date: September 15, 2003 Synopsis of Previous Council Action: None Reconunended Motion: That the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 03-08, based upon Findings of Fact contained in Development Code, Chapter 19.36, Conditions Use Permits, Section 19.36.050. _~ F ~ ___ James G. Funk Contact person: Aron Liang Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Ace!. No.) (Ace!. Description) Finance: Council Notes: 'fjJs/b.L Agenda Item No. ~lQ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 03-08 AND DEVELOPMENT CODE AMENDMENT NO. 03-02 Mayor and Common Council Meeting of September 15, 2003 Appellant: Frank A. Weiser 3460 Wilshire Boulevard, Suite 903 Los Angeles, CA 90010 (213) 399-7806 Conditional Use Permit Applicant In-N-Out Burgers 13502 Hamburger Lane Baldwin Park, CA 91706 (626) 813-8263 BACKGROUND: Mr. Frank A. Weiser, on behalf of Mr. Vibhakerbhai B. Patel, is appealing the Planning Commission approval of Conditional Use Permit (CUP) No. 03-08. CUP No. 03-08 is a request to permit the construction ofa 3,220 square foot fast-food restaurant with a drive-thru in the HUB project area located at the southwest corner of Tippecanoe Avenue and Harriman Place in the CR-3, Commercial Regional land use district (Exhibit A). At its meeting on June 3, 2003, the Planning Commission voted to approve CUP No. 03-08. Commissioners Coute, Durr, Enciso, Morris, Sauerbrun, and Thrasher voted in favor of the motion and Commissioners Lockett, Vasquez and Welch were absent. The appellant spoke in opposition of the proposed CUP No. 03-08 and filed an appeal to the Mayor and Common Council on June 18,2003. The appellant's grounds for the appeal are that the City has no judgement vesting property title in the City's name and the acquisition process is subject to ongoing eminent domain action. The appellant is also appealing Development Code Amendment (DCA) No. 03-02. DCA No. 03-02 is to amend Development Code Chapter 19.06 (Commercial Districts) to modify the CR-3 district to allow not more than two drive-thru restaurants to be located within two parcels and not more than 600 feet west of Tippecanoe Avenue and immediately north of Harriman Place; and will also allow one drive-thru restaurant on the southwest comer of Tippecanoe Avenue and Harriman Place. This Amendment was tabled by the Planning Commission with no discussion and there was no action for consideration by the Mayor and Common Council. AP No. 03-10 Hearing Date: 9/15/03 Page 2 Senior Deputy City Attorney Henry Empeno advised the Planning Commission that presently there was no court judgement to prohibit the City from processing and taking action of CUP No. 03-08. CUP No. 03-08 complies with all applicable provisions of the Development Code for processing entitlements. The appellant's grounds for the appeal are not relevant to land use planning. Please refer to the Planning Commission Staff Report, Exhibit B for additional discussion. FINANCIAL IMPACT None. The appellant submitted the appeal fee. RECOMMENDATION Staff recommends that the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 03-08, based upon Findings of Fact contained in Development Code, Chapter 19.36, Conditional Use Permits, Section 19.36.050. Respectfully Submitted, James Funk Director of Development Services Aron Liang Senior Planner EXHIBITS: A Location Map B. CUP No. 03-08 Planning Commission Staff Report Dated June 3, 2003 C. Application for Appeal No. 03-10 Dated June 18, 2003 EXHIBIT 1 CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS PROJECT: DCA 03-02 CUP 03-08 AP 03-10 HEARING DATE: 9/15/03 u NORTH ,. __...-J ~ ai ~ Q) o c: 1,.&_' rJ I Q) a. a. i= VA"O'_ I , - t; T c . . IIf r",.t.. C1MMCICIAL ') EXHmIT 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Conditional Use Permit No.03-08 1 June 3, 2003 3 OWNER In & Out Burgers 13502 Hamburger Lane Baldwin Park, CA 91706 626.812.8263 APPLICANT: MSL Engineering, Inc. 402 W. Arrow Highway, No. H San Dimas, CA 91706 909.305.2395 REQUEST/LOCATION: A request for approval of a Conditional Use Permit to construct and operate a 3,220 sqnare foot fast-food restaurant with a drive-thru in the HUB project area. The proposed project will be in two phases, with Phase I for construction of the restaurant and Phase II for demolition of the existing drive-thru restaurant and completion of the remaining on-site improvements. The project site is located at the southwest comer of Tippecanoe Avenue and Harriman Place in the CR-3, Commercial Regional land use district. CONSTRAINTS/OVERLAYS: Flood Zone X (shaded) and Tri City Corporate Centre Overlay District ENVIRONMENTAL FINDINGS: o Not Applicable o Previous EIR, the HUB Project o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: o Approval o Conditions o Denial o Continuance to: ,~ r ~tditional Use Permit No. U3-U/J 1 Jund, 2003 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 (D) (4) to construct and operate a 3,220 square foot fast-food restaurant in the HUB project area. The proposed project will be in two phases, with Phase I for construction of the restaurant and Phase II for demolition of the existing drive-thru restaurant and completion of the remaining on-site improvements. The project site is located at the southwest comer of Tippecanoe A venue and Harriman Place in the CR-3, Commercial Regiona11and use district (Attachment A). The site has been designed with a fast food restaurant fronting Harriman Place with parking immediately to the south of the building and landscaping located through out the project premises. The layout includes an outdoor seating area and the drive-thru aisle extending along the easterly property boundary and around the restaurant with the entrance area approximately 170 feet on the south side and the pick up window on the north side. Vehicular access to the site will be on Harriman Place (Attachment B). Operational Characteristics The proposed business hours for walk-in will be from 10:30 am to midnight and the drive-thru service will be from 10:30 am to 2:00 am, seven days per week. The proposed project anticipates the creation of about 50 jobs. SETTING/SITE CHARACTERISTICS The property site is irregular in shape and consists of approximately 1.07 -acres. Surrounding the project site to the north is a vacant lot in the CR-3, Commercial Regional land use district. To the west, south and adjacent to the site is the new Sam's Club, which is under construction. To the south is the Interstate Freeway 10 on-ramp. To the east and across Tippecanoe Avenue are commercial activities in the CG-1, Commercial General land use district. BACKGROUND The Development/Environmental Review Committee (DIEDRC) first heard this project on April 24, 2003 and moved the project to Planning Commission. At their meeting of May 20, 2003, the Planning Commission approved a tentative parcel map for the HUB project area. This parcel map created the lot for the new IN-&-Out Burgers as well as Sam's Club and future commercial uses. -.'~ ')ditlOnal use rermlllVD. V:J-VO , June 3. 2003 Page 3 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 (2)(1), fast-food restaurants with drive-thrus are permitted in the CR-3, Commercial Regional land use district, subject to the approval of a Conditional Use Permit. The proposed project complies with all applicable provisions of the Development Code as shown below in Table "A". TABLE "A" _ DEVElOPMENT CODE AND GENERAl PLAN CONFO~MANCE , , CATEGORY PROPOSAL . DEVELOPMENT GENERAL PLAN CODE Permitted Use Fast-food Restaurant Permitted subject to N/A with a Drive-thru Conditional Use Permit Height I story - 26 feet 2 stories or 30 feet 2 stories or 30 feet Setbacks - Front 26 feet 10 feet N/A - Side (street) 26 feet 10 feet - Side (interior) N/ A feet o feet - Rear 174 feet o feet - Drive-thru Aisle 26 feet 25 feet Landscaping \I, I 7 5 square feet 7,000 square feet N/A (24%) (15%) Lot Coverage 6 percent 50 percent N/A Parking 43 spaces 33 spaces N/A - Standard 41 31 - Handicap 2 I Drive-Ibru 6 car stacking 6 car stacking N/A ;cc-- -,~"'~., , viilional Use Permil No. 03-08 . June 3, 2003 Page 4 2. Is the proposed use consistent with the General Plan? Yes, the proposal is consistent with the General Plan goals, objectives and policies as follows: General Plan GoallB states: "Provide employment opportunities for existing and future residents of the City and those of adjacent communities" The proposed project will provide employment and retail service opportunities for local residents and the surrounding community. General Plan Policy 1.17.30 states: "Continue and expand the Tri-City/Commercenter and Club areas as region-serving mixed use centers; capitalizing on their location along the Interstate 10 corridor, and establishing a well-defined linkage to the City's major commercial and industrial districts and residential neighborhoods". The project has been designed and conditioned to ensure compatibility with adjacent commercial and to minimize traffic safety concerns. 3. Is the approval of the Conditional Use Permit for 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 EIR prepared for the HUB project addressed the relocation ofIn-N-Out Burgers to this site. The applicable mitigation measures are carried over for this project. The EIR mitigation measures mitigate and address traffic and circulation issues. 4. Are there potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? The EIR identified certain environmental categories (transportation and circulation, air quality, noise and, cultural resources) for potential significant adverse impacts including cumulative impacts. Both project-specific and cumulative impacts were evaluated in the EIR. The City found that these issues and sub issues as discussed in the conclusions in the EIR can be mitigated below a level of significant and for those issues which cannot be mitigated, the MCC adopted Findings of Fact and a Statement of Overriding Considerations. 5. Are the location, size, design, and operating characteristics of the proposed use compatible with the existing andfuture 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? t,'tolt,' r 'pitional Use Permit No. 03-08 ! June 3. 2003 Page 5 The proposed project is 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. ~ince 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. Site DesiiPl The proposed layout complies with Development Code Section 19.06(2)(1) development standards for drive-thru restaurants. These standards include but not limited to: 1) 6-car stacking behind the menu board, 2) construct the drive- thru aisles with (PCC) concrete, 3) provide drive-thru aisles with 12-foot width on curves and II-foot width on straight sections and 4) drive-thru aisles, and structure are set back 25 feet from ultimate curb face. The proposed fast-food restaurant has been designed to comply with the new Sam's Club for architectural theme elements, materials and colors. The architectural elements include ledge stone veneer, trellis, awnings, arches & projections, columns, and other decorative features for the restaurant building. The finish materials and colors will compliment those of the Sam's Club building. Access Vehicular access to the project site will share the driveways to the new Sam's Club shopping center. There will be three major entrances to the new Sam's Club site on Harriman Place. The extension of Harriman Place through the HUB project site is currently under construction. All new cuts for driveways, curbs and gutters as a part of Harriman Place street improvements and extension will be in place in time to accommodate this proposal. Parkin!: and Stackin!: The Development Code Section 19.24.040 requires 32 parking spaces for this project. The proposal provides overflow of parking stalls with 41 standard and 2 handicap for a total of 43 stalls. The Development Code requires 6-car stacking behind the menu order board. This project provides stacking for 11 vehicles while proving adequate on-site parking and circulation. LandscllPing The proposed landscaping of 24% on site exceeds the Development Code requirements. r ~itional Use Permit No. 03-08 . June3. 2003 Page 6 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 for lot coverage, height limitation, setbacks, landscaping and parking requirements as discussed and illustrated in Table "A". 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 all 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 the Conditional Use Permit. RECOMMENDATION Staff recommends that the Planning Commission approve Conditional Use Permit No. 03-08 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, ~C.128#-~Jr James G. Funk D- Director of Development Services ~ Aron Liang Senior Planner Attachment A Attachment B Attachment C Attachment D Location Map Site Plan, Floor Plan and Elevations Conditions of Approval Standard Requirements "~ ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: CUP No. 03-08 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 6/3103 u NORTH I I i i . C , i . - , . LIH [ i~,,, o IF,] [ .., ''''' . .' : IT. .;: . ,1'4 ".~ .. J' . ~_J V........A , r , a.l.., 'T. _:I . -.- DIl. ., I ," , aLl', L'.;. "OI~n",I'" ..... ~ .. ~ !:! .. to I .. DDI'f'IrIIIQ:oI"M'ClNCIMMIItM ""WNW'MM(0If'IA't ~0Mt JNt1MW.1.93ll1l3Cllnll .lI1O-N-M .......~Ift. .Lno. . I -- 'r-~ he1 ...~~_IIf'r'V ___0''1' -- N'11d 3.US :il.'1I"lLl.ln '1~ ~ Ian i R.. -...- - ~~. ~t)lllj) ___1'IIIl __ _'11II__.......___... .-.-.....-----.--- 'ON! 'D"""""'~!ifI S [AI ___I .......W"1III"ItIIIQM'aff"l.........w_ ---- ~!l1IrnIll~ . 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VIJOSSY " Dn Y:I 'ONlOWMOlI NW 3/oV JOHV:DddU. t'K'Ol V hI <- mmVl"V 03'I ! HnV!S3H H3~Hn8 !nO-N-NI - -- ... ..... . ~ , !: <( !: ! I II <( I E6l !, I . I . . . I: a ~ I I ::> , I I o:::~ I I I I~ I I l- I . CD I z CD 0 d' I I ::> I l- I! I o::~ I. (J . I, nit I~ e w (/)i I- z 0 l- I I (J w (/)1 ~~ JrJ I I r I r I I I . I I c=::J ') -.----....... ~.-.~~~~! 1--:..-=~~=:~m[pl(13J~I. ~ ~ I ~s I I I I I i I ~ I IIIII I~~ 1'11111 II! I , II ; i l ill. IUUlllih Iii i II I · I ~ III I I II II! I II Iii q I wllJl,llllllillh Illl 1Illl1 . ~ g - \ \ \ \ ';".~ " H~ \ \ \ \ ~\\ .. # II I I I \ i ~ , . , J ) ATTACHMENT C CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 03-08 1. 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. Phasing of project construction/development shall be as follows: Expiration Date: June 6, 2005 2. 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 ensure that the project complies with all current Development Code provisions. 3. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. ,~~" 4. 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. 5. 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 necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. 6. 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. 7. 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. 8. The speaker boxes shall be maintained so that no noise level shall be audible beyond the property line. ,;;,..' \ ; 9. Signs/banners may not be placed on or over the roof or within landscaped areas. 10. The applicant shall be responsible for posting signs prohibiting litter and loitering. Management shall be responsible for enforcing this provision. II. All graffiti shall be removed within 24 hours of its occurrence. The management shall take a photograph ofthe graffiti and provide to the Police Department before removmg. 12. Ifpay phones are installed, they shall be placed within the building and setup for outgoing calls only, with no incoming calls allowed. 13. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Plan Check Division b. Public Works c. Fire Department d. Water Department e. Public Services Department f. Parks, Recreation & Community Services ~ -) City of San Bernardino STANDARD REQUIREMENTS Development ServiceslPlan Check Division - Property address: DRCICUP/DP: c.u P 03-08 DATE: c::r(Z4/6 g NOTE; NO PLANS WILL BE CHECK ~HOUT CONDITIONS IMPRINTED ON PLAN SHEETS. ACCEPTED OF FOR PLAN APPROVAL. 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, & piumbing plans f. detall sheets (structural) g. cross section details h. show compliance with Title 24/Accessibility (disabled access) i. a plan check deposit fee wlll 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, type of construction, if the building has sprinkJers, & 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 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 structures 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. 5. Submit grading, site, and/or landscape plans to Public WorkslEngineering 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 ") 6. Fire sprinkler plans, fires 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. Occupancies that include restaurants, car washes, automotive repair/auto body, dentist offices, food preparation facilities or processing plants, etc. may require approvais 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 & 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. EXPEDITIOUS REVIEW IS APPROXIMATELY 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 '0' Street San Bernardino CA 924\8 909-384-507\ Office 909-384-5080 Fax ~, -) STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P.03-OS DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N-OUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANITIPPECANOE . NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is responsible for submitting the Engineering plans directly to the Engineering Division. They may be submitted prior to submittal of Building Plans. 1. Drainage and Flood Control a) The development is located within Zone X (shaded) on the Federal Insurance Rate Maps and may be subject to sheet overflow to a depth of less than 1 foot in a 100 year storm; therefore all building pads shall be raised above the surrounding area as approved by the City Engineer. / 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) Applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 1 acre of more of land. Page 10f10 Pages 412812003 "-...v:,.-- -'''", J STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P.03..Q& DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN.N-OUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANITIPPECANOE e) The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. Grading and Landscaping a) If more than l' 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 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. c) 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. d) 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"). Page 20tl0 Pages 4128/2003 .j':lt",~, -, STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N-QUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANITIPPECANOE e) 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. f) 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. g) The Drive-through lane and the parking area adjacent to the building shall be constructed of PCC concrete pavement. h) 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 the surface of the parking lot during hours of operation and 0.25 foot-candles security lighting during all other hours. i) 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. j) 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. Page 3 of 10 Pages 4/2812003 .~, -, 1 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES!PUBLlC WORKS DIVISION CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N-OUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANrrlPPECANOE k) Where the handicap accessible path of travel crosses drive aisles, it shall be delineated by striping or textured/colored concrete pavement. I) 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. m) 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. n) The public right-of-way, between the property line and top of curb (also known as .parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. 0) A Landscape Maintenance District shall landscaping within the following areas: Laurelwood Avenue. be implemented to maintain Tippecanoe Avenue and p) All required maintenance districts shall be formed prior to issuance of grading permit. q) Separate sets of Landscape Plans shall be provided for the Landscape Maintenance District. Page 4 of 10 Pages 4/28/2003 ...\1"0' .) STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: C.U.P. 03-0& DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N-OUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANfTlPPECANOE . r) 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) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. c) 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. d) Utility services shall be placed underground and easements provided as required. Page 50fl0 Pages 4/2812003 -" ) STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N-OUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANITIPPECANOE e) 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. f) 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). g) 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). h) 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. Page 60fl0 Pages 4/2812003 -',""l>; ) STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P.03-OS DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N-OUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANlTIPPECANOE 4. Street Improvement and Dedications a) All public streets within and 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: Street Name Right of WaY<!!J Curb Line@ *TIPPECANOE AVENUE 65' - 60'* *SEE COMMENTS LAURELWOOD AVENUE *SEE COMMENTS *SEE COMMENTS *SEE APPROVED/FILED IMPROVEMENT PLAN NO. 10373 Page 7 of 10 Pages 4/2812003 A::itW. '> STANDARD REQUIREMENTS DEPART..,ENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N.QUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRlMANITIPPECANOE c) Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer. d) Construct sidewalk adjacent to the site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). e) 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. f) 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) Curb returns at the intersection of two arterial streets shall be 35 feet unless otherwise approved by the City Engineer. h) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2. 5. Required Engineering Permits a) Grading permit (If applicable.). b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. Page 80fl0 Pages 4/2812003 ,;.,;...\ <) STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P.03-OS DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N-QUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANITIPPECANOE c) Off-site improvements construction permit. 6. Applicable Engineering Fees! a) Plan check and inspection fees for off-site improvements - 4% and 4%, respectively, of the estimated construction cost2 of the off-site improvements. b) Plan check and inspection fees for on-site improvements (except buildings - See Development Services-Building Division) - 2% and 3%, respectively, of the estimated construction cosf of the on-site improvements, including landscaping. . c) Plan check and inspection fees for grading (If permit required) - Fee Schedule available at the Engineering Division Counter. 1 All Fees are subject to chanlle without not/ceo 2Estimaled Construct/on Cost for Off-Slte Improvements Is based on a list of standard unit prices on me with the Public Works Division. 3 Est/mated Construct/on Cost for On-Site Improvements Is based on a list of standard unit prices on me with the Public Works Division. Page 9 of 10 Pages 4/2812003 ,">ft, q\ , STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVlCESIPUBLlC WORKS DIVISION CASE NO: C.U.P.03-08 DESCRIPTION: CONSTRUCT A 3,220 S.F. RESTAURANT FOR IN-N..QUT BURGER APPLICANT: LOCATION: SOUTH WEST MARK LAMOUREUX HARRIMANfTlPPECANOE d) Drainage fee in the approximate amount as follows based on $0.455 per square foot for the first 3,000 square feet of impervious lot area (estimated as 85% of the net lot area), then $0.156 per square foot of remaining impervious lot area or fraction thereof: $3,724.03 e) Traffic system fee in the estimated amount of $29,000.50. Based on 1,598 trips per day @ $16.689 per new trip generated by the project. The City Traffic Engineer shall determine exact amount at time of application for Building Permit. f) Sewer Connection fee in the approximate amount as follows based on $257.70 per 3,000 square feet or fraction thereof: $515.40 g) Sewer inspection fee in the estimated amount as follows based on $21.72 per connection: $21.72 h) Street or easement dedication processing fees in the amount of $ 200.00 per document. Page 100'10 Pages 4/29/2003 'i<-1/h - , CITY OF SAN BERNARDINO FIRE DEPARTMENT . STANDARD REQUIREMENTS Case: ~~ ~ 3 ,0f3 Date: .~ l Reviewed By: Q.~ III .ow IiPP&:"vJo_6/~~ F GENERAL REQUIREMENTS: ~ Provide one additionaIHt of construction plans to Building and Safety for Fire Department use at time of plan check. Contact the City of San Bernardino Fire Department at (909) 384-5585 for specific datailed requirements. The developer shaH provide for adequate fire flow. Minimum fire flow requIrements shall be based on square footage, construction features, and exposure intonnation supplied by the developer and !!!!!!! be available I!tl2! to placing combustible materials on site. WATER PURVEYOR FOR FIRE PROTECTION: ~ The fire protection water IfHVice for the area of this project is provided by: ~ 0 San Bemordlno Municipal Water Depertment-Engineering (909) 384.5391 o Em Valley Water Dialricl-Englneering (909) 888-8966 o OtherW_pwveyo<: Phone: PUBUC FIRE PROTECTION FACilITIES: ~ Public fire hydrants are required stong streets at intervals not to exceed 300 feet for commercial and multj.residentlal areas and at intervals not to exceed . 500 leellor 188_ areas. (4i. Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas. Minimum lire ~ hydrant flow rates of 1,000 SIX" at a 20 psi minimum resic:kJaI pressure are required lor residentlalareas. I'd Fire hydrant type and specific location shall be joinUy determined by the City of San Bernardino Fire Department in conjunction with the water purveyor. Fire ~ hydrant materials and inataBation shall conform to the standards and specifications of the water purveyor. ~ Public fire hydrants, fire services. and public water facilities necessary to meet Fire Department I'8Qwrements are the devekJper's financial responsibility and f\ shall be installed by the water purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional Intonnation. ACCESS: 8 Provide two separate, dedicated routes of ingress/egress to the property entrance. The routes shall be paved, all weather. Provide an access road to each building lor fire apparatus. Access roadway shall have an all.weather driving surtace of not less than 20 feet of unob- structed width. o Extend roadway to Ytflhin 150 feet of all portions of the exterior wall 01 all singte story buildings. o Extend roadway to within 50 feat of the exterior wall 01 all multlple-stoIY buildings. o Provide "NO PARKING- signs whenever parking of vet\icles -would possibfe reduc~ the clearance of access roadways to less than the required width. Signs ere 10 read "FIRE LANE-NO PARKlNG-M.C. Sec. 15.16". o Dead-end streets shall not exceed 500 feet in length and shall tlave a minimum 40 fool radhJs turnar\.lund. o The names of any new streets (public or private) shall be submitted to the Fire Department for approval. SITE: ':2s All access roads and streets are to be constructed and usable prior to combustible construction. o Private fire hydrants shall be installed to protect each buUding located more than 150 feet from 1;19 curb line. No fire hydrants should be ~hin 40 leet of any exterior wall. The hydrants sha" be Wet Barrel type, with one 2Y.t inch and 4 inch outl~t. and' appro'led by the Fire Department. Areas adjacent to fire hydrants shall be cles6gnated as 8...0 PARKING- zolle by painting an R inch wide, red stripe for t5 feet in each direction in front of lhe hydrant in such a m8M8r that it". not be blocked by parked vehicles. Lettering to be in white 6ft by 1t:~. BUilDINGS: l\Y Address numerals shall be installed on the building at the front or other apprc"ed Ilx:al,or1 in s.Jch 3 manner as to be visit>>e from the frontage street. Com. ;c.. mercia! and mutti family address OIAmarals shall be 6 Inches taU, single farr.i1y address nl!rr",nds shall be 4 inches tall. The color of the numerals shall con. trast v;;th the color of the backgroun.::t ~ Identify each gas and etectrie meter with the number of thtt unit !t serves. -Cl- Fire extinguishers must be installed prior to it-e building being occu~ied. The minimllffi ralin.J 1.1" <.:.n',i tire extinguisher is 2A 10BIC. Minimum distribUtIon of fire extinguishers must be such that no interior part of the building is over 75 teet tra1/e; d'St3:ICC hom a fire extinguisher. o Apartment hOUl8S with 16 or more units, hotels (motels) ~th 20 or more units. 0; apaitments ".. hotals {motels} three stories or more in height shall be equipped with automatic fire sp"nklf'fs designed to NFP A sfa.ldal\1s. o AU buildings, over 5.000 square foot. shall be equipped with an a\.rtomatic lire sprinke:' ~~'&tarr> d;3!Jj\Jnec;l to NFPA standards. This includes existing buildings vacant over 365 days. r-__ C ..1 'filj Submit plans lor the lire protection system tl) the Fire Departmeri pn,)f to b~jnnjng Gom,tr~o.;tl""l of the :;y~tem. Permit required. rc;'4.: .:;J<.P~1S"/or'" fi Tenant improvemenls in all sprink1ered bliildill{!s are to be approverl by the Fire Department pnor to stall Of constroction. Pennit reqoited. Sy n~ fY1 o Provide fire atann (required throtJghoutl. PI4ns 'nust be approved 1:" fhtj Fire Depdrtment prior to start ~jl installatioi'. Panmt required. ~ Fire Department coMection to sprinkler sJst~rrJstandpipe slstern, shall be reQuired at Fire DepartmentJEP3>ved location. Fire Code PennR required. apply at 200 ...t 3rd street, (9091 384.5,l88. R>I1. "551!:/I/l 6Ly / l</ii~rAv!lJJr1--f Fire Sprinkler monitoring required. Plans must be approved by ttlt') F It ~ Department prior to the start of construction. Pe!'init required. o Occupant Load. Note: The applicant must request. in writing, ar.y ~hange;i to f;ri::! Department requirements. ADDITIONAL INFORMATION: _ FPBll'O(03-03) \ -, ---, SAN~~OMVNIQpAL WATEllDEP.u~ STANDARD REQUIREMENTs hvicwofPJaoo: C.lAP ~II. O~ ...-- 9 0... c......, oJ - -D:J ~opor: r~- -OlAlr Il.r.E~~ /~f.~. . 2>. ""'t!.MJ T>'Jl8~Projecc;(!.oIllc:Tt~L:r/O(ll.tAn. fN~AJ.:tIlA.r-.JlUGU.~ N=~:"'" . PA T"""""G: S~Tf\Wf:('r (I"",.ISll!)fTlrPE.c.lYloE. AvLHIA.L WAft'R nuA.'RTI.IIlN'l" 1'.NC1NnR11V~ _ eo..r.ct: ~E~ 'bYf.. . IL__ 7'OIlL r-~..... ~ " r__~. Fu;: -ST3Z- HOle: AU W.. s..Mc. are Subjeot to !boo ~ . '.101"- ofllle W.. ~. J(Siaof'MaiDAdJ-lcePrqjeol: 12. )>Jc...TiL[.. I~ PIPE.. I~~ PLk€- )t.~W_PnlMute: ~O~L ~oIW""'" z,rf H,.....FIow020poi: I( 'l)pe, Size, Loo:atioa, aad DiIlace to N_ !'iN H)'dtql; .. " - l'O Fr- IN-~-o 'T;r c... oF o Prelaure }l"ll"~ RequirIld OIl ClIItomec'. SIda on 1M Meter. o 0fr.0iIe W_ PIlOlIiIi. Required. . o Area Nat Served by SID &n.rdillo MlUIicip.I W_ Deputmeat. D COIIIltIeUIs: WA'IT.Il OIlAUTY r.ONTRnI.' CoII/aQt: ~l.\ A-w F .-nt JlfDw.1Pil-n 1 CJ' Fu:..:I.S!l- rz. (,0 It R.P.P. BaoIdIow D..-iao Recjuinld d Service Coa_:"" J:oR.. })OMESTl (", SE.L~ ,u;... )(Daub...CbockBlckftowO'lIi.d.red..~ice('-..... F~ 1RR.l4fnO~ It FII~,f;-.~u.r'IU ~ D..-ico to be Jr"P"C..... IIefote W*t Service _ be ActMtocl. o No Jl8c1cflow DwK:o R-.aired .. n;. Time. ltNVmnNMENTAL NlNTIlnIJINDIJn'RIAL WA..4';'R! eoat.ct: ANJ>Y t'..M'PY l'hoIlo: m-n.:rft, Fu:.lM- rz,r'8 Ncca: No BriM R............. WaIv Soft-. May .,. blalJed, UIlIea Holdillc aad HauIiD& is Provided for !be Briae. AU ~~ ....w be ,1200 GolJOII C..,..;ty with.. s....p&. Box '............. o IIIcluslrial Wute Permit R.,.ired.. c a.-laI~ Raquind. 0 SaadIOiI ~ Requinld. 0 No""" III llU Time. D ~ R.,.ired. SEWER ~A.P...~M'Y 1Nl"000MA."ON: ~ NUL ~~~(N~: ~t/-rD93 Pax: :rB'I-rn-z... NOle: Proof of paymenl MUJt be Submilled 10 b aaiIdin& Ii. Safoly ~ Prior to I.......... of the "',;!d;". Permit. C No s......- c..p.cily P.... ApplicobIe at '11WI Time. )( Sewer CaJ-ity Foe Muet Be PW to the Waler 0..- for 11 i 0 pane,,;. Per Day. Equivaloat DweI1iD& Uaits: i1, f8 o Subject to a-lculatioo of F.... Prior 10 the Is..."""" of ahldiD& Permit. BnNcdowt> of astiPWed GaIb>o Per Day: '74 ~ e. /:s = ~: CNJ;t ~ ~sh1 AI. 'I",," ( ;;;u. .at..J..1) .".&lQlIQ."" cvnJ I.lItJ ...r r - :30e) 8>/() .',.< fP,j' " I City of San Bernardino Parks, Recreation and Comrnunity.Services Department Standard Requirements In-n-Out Burger Tippecanoe Ave. Case: Cup 03-08 Date: 5-27-03 Reviewed by: Jim Gondos General Requirement: ( X) Commercial Industrial and Multi-Unit () Assessment District () Residential () Purpose, Guidelines and submittal procedure ( X) Irrigation and Landscaping Plans. () Contact the City of San Bernardino Parks, Recreation and Community Services Department at (909) 384-5217 or 384-5314 for specific detailed requirements. Specific Requirements: ( X) Maintenance of landscape areas () Planter Areas () Interior Planter Areas ( X) Irrigation Systems () Setback Areas () Slope Areas () Ground Cover and Bedding Material () Erosion Control () Weed Control Plant Materials: () Plant list and climatic conditions (X) Street Trees ( X) Plant Material Size Requirements and Ratios Inspection and other Requirements: ( X) Irrigation System ( X) Landscaping () Hardscape Items ( X) Street tree Specifications () Arborist Report () Removal or destruction of trees (X) Screening Requirement (City, Dev. Code) Note: The applicant must request, in writing, any changes to the Parks, Recreation and Community Services requirements. Additional information: Standard requirements are issued for the landscaoing and irrigation of this oroiect. The design theme of the frontage along Tiooecanoe and Harriman Place will include turf to match existing oroiects. ,~ ,,:,....:._" ) City of ~an Bernardino Public Services Department Development ProjectCondidons of Approval 300 North D Street - 4th Floor San Bernardino, CA 92418 Project Number: CUP 03-08 Project Planner: Aron Liang Review Date: 4.24.2003 . Project Description/Business Name: Demolish and relocate In-N-Out Burger fast food restaurant and drive thru. Project location/Address: APN 0281-082-16 et al (current site @1944 South Service Account: Jack's Tippecanoe) Reviewed By: Michelle Dyck- Turner e-mail: dyck-turner _ mi@ci.san-bernardlno.ca.us 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 and EIR if required for the project under CEQA. I:8l Demolition & Site Preparation I D Construction / Renovation I 0 Business Operations or Event . Additional Requirements or Recommendations Applicant shall complete an Integrated Waste Management Survey for the demolition and site preparation of the project. Applicant shall also redesign refuse enclosure to meet Public Works Standard 508, dimensions 8 xIS', incoroporating the attached pedestrian access design. Any storage areas for grease bins or any other bins or equipment other than refuse and recycling bins must be enclosed In a separate (but may be adjacent) enclosure. Enclosure alignment and access for services vehicles is acceptable as drawn. MD/PS4.22.2003 iMt ) City of San Bernardino Public Services Department Standard Development Requirements 300 North D Street - 4th Floor San Bernardino, CA 92418 COMMERCIAL & INDUSTRIAL DEVELOPMENT Collection Services 1. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and Industrial locations within the City shall be provided by the City of San Bemardlno Public Services Department unless otherwise franchised or permitted. [MC 9 B.24.14O] 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 Divlslon 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 9 33.0B3] 5. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City recycling services for maximum divel'3ion within 30 days of opening business, llr establish an alternative dlvel'3lon 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 4Q-foot turning radius for a 32-foot vehlcie length Gated Access 9. Gated properties that are locked and unmanned on service days anytime between the houl'3 of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services. Roll-off Compactor Units 10. Sealed compactor units dedicated separately to refuse and recyclables may be required to be Installed at facilities with an anticipated waste generation of 60 uncompacted cubic yards per week. 11. Roll-off compactor units must be Installed according to manufacturer's and City Engineering specifications with the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter for safe access. 12. Roll-off boxes at locations receivlng City service must meet City rail and hook specifications per City Engineering Standard 510. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side design may be subject to a roll-back charge. 13. 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 9 19.20.030 (21)] 1 4. Location, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and compactor screening, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. MD/PS4.22.2003 City of San Bernardino Public Services uepartment Standard Development Requirements Page 2 of 3 ) ExIstIng Bin Enclosures 15. Existing bin enclosures must have minimum inside dimensions of 7'9" x 9' OR 15' x 4'5" to fit two 3CY bins, with block walls, inside bumper guards or curbing, and solid steel gates, OR enclosure(s) must be reconstructed to meet Engineering Standard 508, and the enclosure may be relocated for best drive access and alignment, plans s\lbject to Public Services approval. (Please note, if site will generate less than 2CY of solid waste per week, see Residential Collection options.) Front-load Bin Enclosures & Access 16. 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 H2911] 17. Front-load compactor units must be contained In an enclosure large enough to hold the unit and one additional bin facing lengthwise. 18. 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. 1 9. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved, without crossing curbs, steps, or driveways. 20. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water. 21. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code ~ 1103.2.2] 22. 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. 23. 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. 24. Enclosures shall be located with gates aligned for straight access for service vehicles. 25. Enclosures shall not obstruct drive aisles, driveways, loading lones, 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. 26. Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to parldng 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.. 27. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. Multi-unit Dwellings 28. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. 29. Disposal chutes Incorporated Into multi-story buildings must have dedicated chutes for refuse & commingled recyclables. Both chutes shail be clearly and permanently labeled at each chute opening and exit. [Specifications adopted in accordance with Model Ordinance as required by CA PRC ~42911] MD/PS4.22.2003 .~. City of San Bernardino Public Services Department Standard Development Requirements Page 3 of 3 RESIDENTIAL TRACTS & LOTS Collection Services 1. Residential refuse and recycling services are to be provided by the City of San Bernardino Refuse & Recycling Division a minimum of once weekly. 2. The City shall provide upon request one set of a blue, green, and black 96 or 64-gallon automated service cart to each single family unit, OR one set to every 2 units In multi-unit dwellings up to 8 units. 3. Commercial requirements shall apply to ail multi-unit dwellings over 8 units, unless otherwise approved. 4. Nonresidential establishments such as small offices, shops, meeting halis, 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. Automated Cart Storage & Access 5. Residential units shall construct a minimum 4 feet by 11 feet concrete pad located out of view of public right-of-way for storage of each set of up to 4 automated carts. If visible from the public right-of-way, the storage area shail be screened by landscaping, or masonry or solid wood fencing. 6. The path of travel from the storage pad to street shall be continuously paved without step or curb with 4-foot minimum gate openings in walls and fencing. The path of travel may include a paved driveway or patio area. Service Vehicle Access 7. Projects shail meet City Engineering vehicle access requirements on ail streets within a residential tract. These requirements sh.111 not limit requirements for Fire vehicle access. Curbside Service Area 8. A minimum 14-foot linear space on the street along the curb adjacent to the driveway of each residence must be clear for automated service carts, with a minimum 2-foot setback and 13-foot vertical clearance of all obstructions such as structures, fences, and raised landscaping. Gated Access 9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services. MDIPS4.22.2003 4,I!l!h City of Sail Bemardillo Develoyment services Deyartmellt Application for Appeal A? t~-\() EXHIBIT 3 APPEAL FROivlA DEcISION OF THE (check One) o Development Services Director; ~ )>ev,lOlopmel\tJEnviro"mental Revie.w Committee; or A Planning Commission . . Case.number(s): ~,.j.~,-~...,,~ c..~e '-'''''''-''''0-'::', t:>~-o-a o.......l c.._~~i...._\ '.:)~e ~c.~_,-Ioo:. to'O. \;),3.~t ' .:. Proiect address: . ~ t ~ ..' 'Q"Z.. ~ ,~ t>~ 2. -\~ J \., '2.J: ."2. f . So h. ~ j . Appellanrs ~ame: . ~,\,~~~\--. ~. ~~\' Appellant's address: \c(,\\i."" s. ,..~....c...o.>-..c.' . ' Appell~nrs phone: ().~...') \.t.~ - 9, 1'2.. \ ~ ~\~"L~flt..s ~. \.;..\~\ , ,J. ... ~~e. 'S,o....). ~e~ ~~'f.l......,Q Po. 0.:1."1."'&- , v.t \ 1:) Contact person's name: ~ o..("<>---'L- ~. WC.~S('L ~~c>v ~e:; ~~ \:... ~ , Contact person's address: ~""o--'l..' \J>c.,s(.f.. "5\.<jj;... ~\.\.f:\...:'~ ~'\...~t>. , 'S.-\.e. a.-=>'3.\... .~. J C4>. Contact person's phone: C ""1. '\ ~ ~q. b'\ hlA. 0... "\00'"0 ~'-"S\ ~o.p,,_ "l ~Cb Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application fonn 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 Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time of the appeal hearing.' OFFICE USE ONLY . Date appeal filed: 0 v \~ %\~.:s Received by: ~ ~'- (OJ rn~rnf1\Yi7rn fn) UU JUN 1 8 2003 L0 CITY n SAN BERNARr .. C. 'lL f)"MENT Sf':>!1 ..J llEPARTMEN I --~ . ; 5/1101 " REQUIRED INFORMA nON FOR AN APPEAL Specific action being appealed and the date of that action: "'\iQ.Vb .."..\. ..~ c.... ~ ~"'.\."."'_\ ~t (. .. . ~e....,.....":",, ~c. I:ll-c~ ~q,"'''''''.~,..') 00"'-<\."''''&-'' o...,~ o~eV'.k.-- ~ 0... ~..r:"-.l€ ~..r"'" ~....\;~.,,\-()cJc. ve!;\.-....'r..."'""'~ ..'" t...~\e..\\......~~c-\ \h/..I;)r.....~ \Pc.J:d. _"c \"'-\4 ~.v,\.~c"""'OC. ~.).e. s:......... ~r._t-l~~...oc'^ " ... . J n.. ~<n o...~.."-\.\~ ~\h~_..,c.\,,\W~ C,h ~ ""._! ............-\- ~<:>. ()~- 'tl"2,.' s\.....ll \~ ~Q.V""t..I.. Specific grounds forthe appeal: \...hA.~""""\-..S' o...ve ~ ~~........,s ~ \0...\4. '5.. ~, ,,~,_r:....v-<>c. \o.....e.., ~ t:,~ ~s ~o ~-.>~~,A; ......~ ~."'e..S"c"",~ . ~~-..:>o. ~\\.. .\'- c.:,~' S . ,,",_IJ'.L: ~._c..o-(e. '-Is. .\:u\,~i!.:~ ~ ,,--- ~ ""~a P,......,........:k . L h ...., ;:>. ~O"?-~~ '\I ~''-l. l(...k.r.\.., ~}a. Co.,.s.. ~. Sc..~O;;- ~o..\",- ...l. c..... . o3-o'b '..s V'e''o).l\~'",.\. , ".,. "{(. ~ ~.~ ~....A'..,'; '6-'"" '\.:l ,,\c>\.."..,.:> ''ll~ I .. '. .> ..,' ~~o.>). ,/\.(.,As o~ \!).s:-.~ S~.e c...:.:o"'s~..~~~., Action sought: . , ll...)t....~e U:-"~<-N ......C\J~ ~o.~3...b~'......>!'~ ~...,,-..~e.-J: c.."le \'\0. O~-o,- .~. ., . Additional information: '.-' Signature of appellant:. ~...IL- n. ~^ ') 0.:.." ~~.o.,.""'...., ~o" ~\,~\...,.Js Date: ,- \'\-D 3 2 5/\.101 OFFICE OF 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.cLsanMbernardino.ca.us '" September 17, 2003 Mr. Frank Weiser 3460 Wilshire Blvd., Suite 903 Los Angeles, CA 90010 Dear Mr. Weiser: At the meeting of the Mayor and Common Council held on September 15, 2003, the following action was taken relative to the Appeal of the Planning Commission's approval of Conditional Use Permit No. 03-08 and Development Code Amendment No. 03-02, a request to construct a 3,220 square foot fast-food restaurant with a drive-thru located at the southwest corner of Tippecanoe Avenue and Harriman Place: That the matter be continued to the Council/Commission meeting of October 20, 2003, at 7 p.m. Pursuant to Resolution No. 90-458 of San Bernardino Municipal Code Section 2.58.200, the fee for processing a request for the continuance of a City Council agenda item is $75.00. Please make your check payable to the City of San Bernardino and mail it to the address listed above prior to the October 20 Council meeting. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, /X.(t~MjJ. ~ Rachel G. Clark, CMC 6tJ ~ City Clerk 0 RGC:lls cc: Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty