HomeMy WebLinkAbout29-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Dept: Development Services
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Subject: Appeal of the Planning
L Commission's Determination - Conditional
Use Permit No. 02-10 and Variance No. 02-
.
07.
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Date: December 2, 2002
MCC Date: December 16, 2002
Synopsis of Previous Council Action:
N/A
Staff recommends:
. That the Mayor and Common Council deny the appeal and uphold the Planning Commission's
determination of Conditional Use Permit No. 02-10 and Variance No. 02-07 that precludes
parking within the Freeway Corridor Overlay District 25-foot landscape setback.
OR
. That the Mayor and Common Council grant the appeal and approve Conditional Use Pennit
No. 02-10 and Variance No. 02-07, based on the Revised Findings of Fact (Exhibit 7) and
subject to the Conditions of Approval and Standard Requirements (Exhibit 3, Attachments C
and D).
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Contact person:
'r~lp.rip R()~~
Phone: ,R4_~()~7
Supporting data attached: Staff Report. ordinance
Ward:
1
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(A('('t npcr-ript;nn)
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Appeal of the Planning Commission's Determination - Conditional Use
Permit No. 02-10 and Variance No. 02-07
Mayor and Common Council Meeting of December 16, 2002
Owner/Appellant:
Mark Sandaval
III North 5th Street No.8
Redlands, CA 92373
909-335-0330
BACKGROUND
The appellant is appealing the Planning Commission determination of Conditional Use Permit
No. 02-10 and Variance No. 02-07. The Conditional Use Permit was requested to establish a fast
food, drive-thru restaurant at the southeast comer of Rosewood and Tippecanoe Avenues. The
site is approximately 26,572 square feet and located in the CG-I, Commercial General, land use
district. The site is also located in the Freeway Corridor Overlay District. (Exhibits I and 2)
The Variance was requested to modify the Freeway Corridor Overlay District requirements as
follows:
. (A): allow the drive aisle and parking within the freeway 25-foot freeway landscape
setback.
. (B): allow the refuse enclosure within the freeway 25-foot freeway landscape setback.
. (C): allow a portion of the building within the freeway 50-foot freeway setback.
At its meeting on August 22, 2002, the Planning Commission took the following action:
. Adopted the Mitigated Negative Declaration and Mitigation Monitoring/Reporting
Program.
. Approved Conditional Use Permit No. 02-10.
. Approved Variance No. 02-07 to allow a portion of the drive aisle to be located within the
25-foot freeway landscape setback, to allow the refuse enclosure within the 25-foot
freeway landscape setback, and to allow a portion ofthe building within the 50-foot
freeway setback.
. Denied Variance No. 02-07 to allow parking within the 25-foot freeway landscape
setback.
Commissioners Coute, DUff, Enciso, Lockett, Sauerbrun, Thrasher, and Vasquez voted in favor
of the motion. Commissioners Morris and Welch were absent. Refer to the Planning Commission
Staff Report for additional discussion (Exhibit 3).
The restaurant needs 29 parking spaces as per Section 19.24.040 of the Development Code. The
project, as proposed, provides 27 spaces, and is short 2 spaces. Six ofthe spaces are within the
Appeal No. 02-07
December 16, 2002
Page 2
25-foot freeway landscape setback. The applicant obtained a reciprocal parking agreement with
the owner of the adjacent Denny's Restaurant. Staff and the Planning Commission did not
support the portion of the Variance which would have allowed significant encroachment of paved
parking stalls in the required 25-foot freeway landscape setback. However, this portion of the
Variance was unnecessary as a result of the reciprocal parking agreement. Based on that factor,
staff recommended approval of the project and recommended that the six parking spaces on the
south side of the site adjacent to the freeway off-ramp be removed to free-up site circulation. The
Planning Commission's action was based on this factor.
On November 5, 2002, the appellant filed an appeal to the Mayor and Common Council. The
appellant is asking that the Mayor and Common Council overturn the decision of the Planning
Commission and approve Variance No. 02-07 (A) that would allow parking within a significant
portion of the 25- foot freeway landscape setback area. The appellant's grounds for the appeal are
that 1) Caltrans plans to vacate the freeway off-ramp; and 2) additional freeway 25-foot
landscaping is a burden (Exhibit 4.)
The Freeway Corridor Overlay District addresses siting and design of commercial and industrial
structures adjacent to the freeways that traverse the City. It was not established to preserve land
area for potential, future freeway improvement projects. At this time, it would be too premature
to assume that Caltrans will vacate the adjacent freeway-off ramp and that the excess property
would be added to the proposed restaurant site. In accordance with Caltrans' recently adopted
Project Study Report, there are no supporting facts and data to support the appellant's claim.
(Exhibits 5 and 6)
Although the City Attorney's Office advised the Planning Commission that they could not make
the factual findings to support the Variance, it was approved as discussed above. Staff later met
with the City Attorney's Office to discuss the Findings of Fact contained in the Planning
Commission staffreport. After revisiting the issue, the City Attorney's Office advised Planning
that the shape of the parcel- a trapezoid - could be used as a basis, if desired by the Mayor and
Common Council, to constitute a special circumstance that could support approval of a Variance.
Revised Findings of Fact were prepared to support their determination. (Exhibit 7)
FINANCIAL IMPACT
None, the Applicant paid the appeal fee.
OPTIONS
. The Mayor and Common Council can approve Conditional Use Permit No. 02-10 and
Variance No. 02-07, based on the Findings of Fact and subject to the Conditions of Approval
and Standard Requirements, consistent with the determination of the Planning Commission.
(Exhibit 3, Attachments C and D.)
Appeal No. 02-07
December 16, 2002
Page 3
. The Mayor and Common Council can approve Conditional Use Permit No. 02-10 and
Variance No. 02-07, after consideration ofthe desirability, appropriateness, and necessity for
the Variance and in light ofthe City Attorney's opinion that the Variance could have been
granted based on the shape ofthe parcel, based on the Revised Findings of Fact and subject
to the Conditions of Approval, as requested by the applicant.
(Exhibit 7 and Exhibit 3, Attachments C and D.)
. The Mayor and Common Council can continue this item and direct staff to process an
amendment to the Development Code related to setbacks in the Freeway Corridor Overlay
District.
RECMMENDATION
Staff recommends:
. That the Mayor and Common Council deny the appeal and uphold the Planning
Commission's determination of Conditional Use Permit No. 02-10 and Variance No. 02-07
that precludes parking within the Freeway Corridor Overlay District 25-foot landscape
setback.
OR
. That the Mayor and Common Council grant the appeal and approve Conditional Use Permit
No. 02-10 and Variance No. 02-07 as requested by the applicant.
Exhibits:
1 Location Map
2 Site Plan
3 Planning Commission Staff Report
Attachments:
A Location Map (not included)
B Site, Plan, Landscape Plan, and Elevations
C Conditions of Approval
D Standard Requirements
E Initial Study
F Mitigation Monitoring and Reporting Program
G Initial Study Comments
H Applicant's Findings for the Variance
I Reciprocal Parking Agreement
4 Applicant's Appeal
5 I-lO/Tippecanoe Avenue Alternatives Summary
6 Caltrans Project Study Report Adopted on August 8, 2002
Alternative 2 Layout
Alternative 3 Layout
Alternative 4 Layout
Landscape Plan
7 Revised Findings of Fact
Appeal No. 02-07
December 16, 2002
Page 4
EXHIBIT 1
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
PROJECT: CUP 02.10
(AP 02-07)
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HEARING DATE: 12/16/02
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Exhibit 3
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No. 02-10 & Variance No. 02-07
I
October 22, 2002
3
OWNER
Mark Sandaval
1255 West Colton Avenue, Suite A
Redlands, CA 92374
909-335-0330
APPLICANT:
Wendy's International
29959 Y orkton
Murrieta, CA 92563
909-234-2220
REQUEST/LOCATION:
Conditional Use Permit
. construct and operate a 2,903 square foot fast-food restaurant with a drive-thru
Variance /
. A: allow parking within the freeway 25-foot landscape setback
. B: allow refuse enclosure within the freeway 25-foot landscape setback
. C: allow portion of the building within the freeway 50-foot setback line
The project site is approximately 26,572 square feet and is located at the southeast comer of Rosewood
and Tippecanoe A venues in the CG-I, Commercial General, land use district.
CONSTRAINTS/OVERLAYS:
Freeway Corridor Overlay
Moderate Liquefaction Susceptibility
ENVIRONMENTAL FINDINGS:
o Not Applicable
o Exempt, Section 15332 in-fill development
o No Significant Effects
o Previous Negative Declaration
. Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Program
STAFF RECOMMENDATION:
. Approval
. Conditions
. Denial - variance A: parking within the freeway 25-foot landscape setback is not necessary
o Continuance to:
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Conditional Use Permit No. 02-10
Variance No. 02-07
October 22. 2002
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 (4) to construct and operate a 2,903 square foot fast-food
restaurant with a drive thru. The project site is approximately 26,572 square feet and is located at
the southeast comer of Rosewood and Tippecanoe Avenues in the CG-I, Commercial General,
land use district (Attachments A & B).
The applicant also requests approval ofa Variance to the Freeway Corridor (FC) Overlay
District, Development Code Section 19.14.030 (1) and (2) as follows: A) allow parking within
the freeway 25-foot landscape setback, B) allow refuse enclosure within the freeway 25-foot
landscape setback, and C) to allow portion of the building within the freeway 50-foot building
setback line. The FC Overlay District, Section 19.14.030 (I) requires a 25-foot landscape
setback along all freeway frontages whether the property fronts or backs up to the freeway. The
applicant is proposing to provide an average of 3 feet landscape setback to allow 6 additional
parking stalls and refuse enclosure. The FC Overlay District, Section 19.14.030 (2) requires a
minimum building setback of 50 feet away from the freeway right of way line. The applicant is
proposing to provide 45 feet 4 inches to allow for a freezer unit. The freezer unit will encroach
approximately 4 feet 6 inches into the freeway 50-foot building setback line.
The project will be constructed in one phase. The property has been designed with a fast food
rest;lUrant and a drive-thru located in the center of the site. Surrounding the building and the
drive-thru are 45-degreed parking stalls and landscaping. Vehicular access to the site is limited
with one ingress/egress entry driveway on Rosewood Avenue. The on-site driveway
accommodates a one-way lane. The walk-in service area will be from 6:00 am to midnight and
the drive-thru service area will be from 6:00 am to 2 am, 7 days per week.
SETTING/SITE CHARACTERISTICS
,
,4,
The property is vacant, generally flat and rectangular in shape. The site was a former service gas
station. The gas station business became vacant in 2000 and recently the on-site building was
demolished and all the underground tanks have been removed. To the north and east are
commercial retail establishments in the CG-l, Commercial General, land use district. To the
south and adjacent to the site is the 1-10 Freeway Tippecanoe Avenue Off-ramp. To the west
across Tippecanoe A venue is the approved/proposed HUB development commercial vacant land
in the CR-3, Commercial Regional, land use district.
____J
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Conditional Use Pennit No. 02-10
Variance No. 02-07
October 22, 2002
Page 3
BACKGROUND
The Development/Environmental Review Committee (D/ERC) initially reviewed the proposal on
May 9, 2002. The proposal was continued to July 18, 2002, to allow sufficient time for the
applicant to revise the site plan to address land dedication requirement as well as to allow staff to
circulate the Initial Study for the proposed Mitigated Negative Declaration for a 20-day public
review period.
The Initial Study received two comments from I) City of Lorna Linda and 2) State of California
- Department of Transportation (Attachments G). The comments were noted and have been
reviewed by the Public Works Division. A conditional of approval was added to the project
requiring the Applicant to dedicate 6- foot wide strip of land on Tippecanoe A venue for future
street widening and street improvements on Tippecanoe A venue as well as set aside bond money
for those street improvements. A condition of approval has also been added that the Applicant
obtainj/Aan encroachment permit for any work done within the Department of Transportation
right of way.
The Development Review Committee reviewed the Initial Study, comments received during the
public review period, and proposed responses to comments, and on August 22, 2002, cleared the
project to the Planning Commission.
FINDINGS AND ANALYSIS
CONDITIONAL USE PERMIT
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 CG-I, Commercial General 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", except those for which the Applicant has filed a variance.
See Table "A" below:
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Conditional Use Permit No. 02-10
Variance No. 02-07
October 22. 2002
Page 4
Table "A"
DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
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 - 22 feet 2 stories or 30 feet 2 stories or 30 feet
Setbacks
- Front 10 feet 10 feet N/A
- Side N/A o feet
- Side (street side) 10 feet 10 feet
- Rear N/A o feet
Lot Coverage 11% 50% N/A
Landscaping 21% 15% N/A
Parking
- Standard 25 27 N/A
- Handicap 2 2
- Total 27 (") 29
Freeway Corridor
- Landscape Setback 3 feet("") averaging 25 N/A
- Building Setback 45.4 feet("") 50
(")The proposal has a reciprocal parking agreement with Denny's to meet the parking requirements
(Attachment I)
("")The applicant has filed a Variance to allow parking and refuse enclosure within the freeway 25-foot
landscape setback and building encroachment within the freeway 50-foot setback.
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Conditional Use Permit No. 02-/0
Variance No. 02-07
October 22. 2002
Page 5
2.
Is the proposed use consistent with the General Plan?
General Plan GoallB states: "Provide employment opportunities for existing and future
residents of the City and those of adjacent communities"
General Plan Policy 1.19.10 states: "Permit a diversity of community-serving retail and
service uses.. ..in areas designated as Commercial General".
The proposed project will provide employment and retail service opportunities for local
residents and the surrounding community. The proposal will create \3 jobs for this local
area. The project has been designed and conditioned to ensure compatibility with
adjacent commercial uses 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 proposed project complies with the CEQArequirements per gl5102 and the
Development Code with the exception of the Variance items. In addition, all grading and
construction activities will be implemented and monitored in accordance with the
mitigation measures as described in the Initial Study to ensure that the project would not
cause any substantial adverse construction impacts.
4.
Are there potentially significant negative impacts upon environmental quality and natural
resources that could not be properly mitigated and monitored?
No, as noted in Finding No.3, this project complies with CEQA and Development Code
requirements. An Initial Study was prepared, public comments were received and
responded to and a Mitigated Negative Declaration is proposed for this project.
Mitigation measures have been included to mitigate impacts in the areas of Population
and Housing, Air Quality, Transportation/Circulation, and Noise issues (Attachment E).
All the potential negative impacts are addressed with mitigation measures as specified in
Attachment F will reduce the potential impacts to less than significant levels.
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Conditional Use Permit No. 02- J 0
Variance No. 02-07
October 22. 2002
Page 6
5.
Are tlie location. size, design, and operating characteristics of the proposed use
compatible with the existing andjUtureland uses within the general area in which the
proposed use is to be located and will it create significant noise, traffic or other
conditions or situations that may be objectionable or detrimental to other permitted uses
in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of
the City?
Yes, the location and operating characteristics are consistent with all provisions of the
Development Code except as noted in No. I above and will not be detrimental to the
public interest, health, safety, convenience, or welfare of the City. The proposed project
will be compatible with the area and will be a complementary land use to the surrounding
retail commercial activities. The proposal is a community-serving retail facility, which
will attract people from within the City and the surrounding area. Since the proposed
project is consistent with the General Plan and Development Code, no land use conflict
or environmental adverse impacts will result from the construction and operation of the
proposed project.
The City Traffic Engineer has reviewed the proposal and determined that additional
vehicle trips resulting from the proposed project will not cause any significant traffic
impact and a traffic study is not required. Furthermore, the proposal has been required to
dedicate 6-foot wide strip ofland on Tippecanoe Avenue for future street widening and
street improvements on Tippecanoe A venue as well as set aside bond money for those
street improvements (Attachment D & E).
The project-related noise impacts are not expected to create significant noise levels.
This is because the proposed project is located in a commercial area and adjacent to a
major noise source 1-10 Freeway Off-ramp. In addition, the potential noise impacts are
further addressed through conditions of approval in that the menu speaker boxes shall be
maintained at all times so that no menu speaker noises shall be audible beyond the
property line to disturb the surrounding commercial businesses.
Parking
The Development Code Section 19.24.040 requires 29 parking spaces for this project.
The proposal provides 27 stalls. The proposed project has a reciprocal parking agreement
with Denny's to comply with the parking requirements (Attachment I).
The Applicant has also filed for a variance to allow 6 parking stalls within the freeway
25- foot landscape setbacks.
Landscaping
All landscaping will be permanently maintained with automatic lmgation system.
Although the Applicant proposes to reduce the freeway 25-foot landscape setback to an
average of 3 feet, the overall proposed on-site landscaping at 21 % still exceed the
Development Code requirement.
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Conditional Use Penn it No. 02-10
Variance No. 02-07
October 22. 2002
Page 7
6.
Is the subject site physically suitable for the type and density/intensity of use being
proposed?
Yes, the site is physically suitable for the type and density/intensity of the project being
proposed as evidenced by project compliance with all applicable Development Code
Standards as noted above except for certain landscape setback issues and building setback
line for which the applicant has filed for a variance.
Based upon the proposal's operational characteristics as described above, the proposed
project will be compatible with the existing and future land uses within the general area.
The proposal would preserve and enhance the commercial environment for this area.
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.
VARIANCE
J. Are there special circumstances applicable to the property. including size. shape.
topography. location or surroundings. such that the strict application of this
Development Code deprives such property of privileges enjoyed by other property in the
vicinity and under identical land use district classification?
Variance - A B & C
Yes, the proposed site is an existing parcel consists of approximately .61-acre. The
parcel was subdivided prior to the adoption of the Freeway Corridor Overlay District in
1991- The parcel was not designed and subdivided to accommodate the Freeway
Corridor Overlay District development standard requirements. As a result, the strict
application of the FC Overlay District requirements for the freeway 25- foot landscape
setback and the freeway 50-foot building setback line would deprive this property of
privileges under the identical CG-l land use district.
fy
Also, the freeway at this location is elevated and that the setback would/rom the off-
ramp. The applicant has designed this project such that people traveling the freeway will
see trees surrounding the project site (Attachment B).
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Conditional Use Permit No. 02-10
Variance No. 02-07
October 22. 2002
Page 8
2.
Is the granting of the Variance necessary for the preservation and erifoyment of a
substantial property right possessed by other property in the same vicinity and
land use district and denied to the property for which the Variance is sought?
Variance - A
No, the granting of the variance for parking within the freeway 2S-foot landscape setback
is not necessary for the preservation and enjoyment of property right that possessed by
other property in the same vicinity. This is because the Applicant has a reciprocal
parking agreement with Denny's to comply with the parking requirements. See Table
"B" Parking Survey Analysis.
Table "B" Parking Survey Analysis
On-site Parking
ReQllired Parkin~
Available Parking
Denny's:
49
41
8
------------------------------------------------------------------------------------------------------------
Proposal:
- variance
Total:
29
-2
:L
-8
27
6 (2S- foot landscape)
Based on the ALTA land survey dated March 2S, 2002, and staffs field survey on
September 10, 2002, Denny's has a surplus of 8 parking stalls. As shown on the site plan
and Table "B", the proposal lacks 2 parking stalls. In addition, the applicant is also
seeking a variance approval to allow 6 parking stalls within the freeway 2S- foot
landscape setback. Ultimately, the proposed project lacks 8 parking stalls. Since the
reciprocal parking agreement provides the required 8 stalls, the granting of the variance
to allow parking within the 2S-foot landscape setback is not necessary.
Variance - B & C
Yes, the granting of the variance is necessary for the preservation and enjoyment of
property right that possessed by other property in the same vicinity. The freeway 2S- foot
landscape setback and the freeway SO-foot building setback line. requirements would
create unnecessary hardship conditions for the applicant. The FC Overlay District
requirements will result in less area for the applicant to build upon. The freeway 2S- foot
landscape setback and the freeway SO-foot building setback line requirements combined
would eliminate the potential building placement area by up to 8, I 00 square feet. See
Table "C" Non-developable Area Analysis below:
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Conditional Use Permit No. 02-10
Variance No. 02-07
October 22. 2002
Page 9
Table "C" Non-developable Area Analysis
FC Overlay District Requirements
Square feet
25-foot landscape setback area
108 x 25 =
2,700 sq.f.t
50-foot building setback line 108 x 50 = 5,400 sq.ft.
------------------------------------------------------------------------~----------------------
Total: 8~t.I.19 ac.
3.
Will granting the Variance be materially detrimental to the public health, safety, or
welfare or injurious to the property or improvements in such vicinity and land use district
in which the property is located?
Variance - A
Yes, in accordance with the Public Works Division, it is anticipated that the 1-10 Freeway
Off-ramp may be expanded and improved at a later date. Although the specific date and
actual improvement details have not yet been determined and established, the City
Engineer has expressed that any future expansion and improvements of the 1-10 Freeway
Off-ramp would likely involve acquiring lands within the freeway 25-foot landscape
setback. The fact that the applicant is requesting a variance to maintain the freeway
landscape setback at an average of 3 feet, it is conceivable that future property taking for
the 1-10 Freeway Off-ramp improvements may involve the proposed parking area. In
terms oflong-rang planning, the granting of the variance to allow parking within the 25-
foot landscape setback could result in negative financial impacts for the restaurant.
Furthermore, the acquisition process could hinder the City's ability to take the necessary
lands to facilitate the 1-10 Freeway Off-ramp improvements.
Although the refuse area is within the freeway 25-foot landscape setback, its actual
location is approximately 20 feet away from the property line. It is anticipated the
proposed refuse location would not have any detrimental impacts relating specifically to
the 1-10 Freeway Off-ramp future expansion and improvements.
Variance - B & C
No, if approved, the granting of the variance would not be detrimental to the public
health, safety or welfare to the property or improvements in the vicinity in that all on-site
construction activities will be in conformance with all applicable City requirements and
as such, will not pose any threat to the public health, safety and welfare of the citizens of
San Bernardino. A condition of approval has been added to require the applicant to
increase and provide additional landscaping berms, shrubs, and trees along the freeway
25-foot setback to mitigate and screen the headlights of on-site drive-thru and parked
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Conditional Use Permit No. 02-10
Variance No. 02-07
October 22, 2002
Page 10
vehicles, The proposed project has also been conditioned requiring the applicant to
obtain permits from Caltrans if any work is to be done within the State's right of way,
4. Will granting the Variance constitute a special privilege inconsistent with the limitations
upon other properties in the vicinity and land use district in which such property is
located?
Variance - A
Yes, the granting of the variance to allow parking within the freeway 25-foot landscape
setback would constitute a special privilege, The Applicant has a reciprocal parking
arrangement to comply with the parking requirements. The parking within the freeway
25-foot landscape setback is not necessary.
Although other properties adjacent to freeway in the City have been granted variances to
allow parking within the freeway landscape setback, those properties do not have
reciprocal parking arrangement or located within anticipated street/freeway
improvements and expansion area,
Variance B & C
No, the granting ofthe variance to allow refuse enclosure within the freeway 25-foot .
landscape setback and building within the freeway 50-foot setback line would not
constitute a special privilege, The FC Overlay District requirements encu~ber and limit
the maximum potential development of this site. A similar business in size on a similar
parcel within the FC Overlay District would be required to apply for a variance.
5,
Will granting the Variance allow a use or activity which is not otherwise expressly
authorized by the regulations governing the subject parcel?
Variance - A. B & C
No, the granting of the variance will not allow a use that is not already permitted by
Conditional Use Permit in the CG-l, Commercial General land use district. Fast-food
restaurants with drive-thrus are permitted in the CG-I, Commercial General land use
district, subject to the approval of a Conditional Use Permit A conditional use permit for
the proposal is already required and is part of the current review of this project
6. Will granting the Variance be consistent with the General Plan?
Variance - A
No, General Plan Policy 6.1.4 states: "Reserve the rights-of-way required for highways
designated in the arterial highway and prohibit land uses and development that could
preclude the timely acquisition ofthese lands for roadway purposes.
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Conditional Use Permit No. 02-10
Variance No. 02-07
October 22. 2002
Page I I
General Plan Policy 5.1.1 states: " Provide improvements along principal streets at the
City boundary with adjacent jurisdictions, at major identified intersections and edges
which clearly distinguishes these as major entries to the City; such improvements may
include elements such as signage, landscape, vertical pylons and/or distinctive
treatments" .
The proposed project is situated at a major entrY point for the City at the intersection of
Interstate 10 and Tippecanoe Avenue. The intent of the freeway 25-foot landscape
setback is to provide aesthetic benefits to distinguish major entrY areas to the City as well
as the general public traveling the streets. The applicant has submitted findings in
support of the variances. The applicant's findings are included herein as Attachment H.
Variance B & C
Yes, General Plan Policy 1.17.30 states: "Require the development to convey the
physical and visual appearance of an integrated urban center; utilizing consistent and
complementary architecture design style and building materials, building massing and
bulk and siting of structures".
General Plan Policy 1.19 states: "Provide for the.. .new development of retail, personal
service, entertainment, office and related commercial uses along major transportation
corridors and intersections to serve the needs of the residents; reinforcing existing
commercial corridors and centers and establishing new locations as new residential
growth occurs".
The applicant has designed this project such that people traveling the freeway will see
trees and vegetation surrounding the project site. The applicant has sited the structure so
that it is integrated with the surrounding structures in the area. A condition of approval
has also been added requiring the Applicant to screen and cover the refuse enclosure area.
The screening method shall be architecturally integrated with the main building in terms
of materials and color.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of Conditional Use Permit and
Variances except for Variance A for parking within the freeway 25- foot landscape setback.
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Conditional Use Permit No. 02-10
Variance No. 02-07
October 22. 2002
Page 12
RECOMMENDATION
Staff recommends that the Planning Commission:
I. Adopt the Mitigated Negative Declaration and the Mitigation MonitoringlReporting
Program (Attachment F);
2. Approve Conditional Use Permit No. 02-10 and Variance No. 02-07 that allows refuse
enclosure within the 25-foot landscape setback and building encroachment into the
freeway 50-foot building setback line 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);
3. Deny Variance No. 02-07 that allows parking within the freeway 25-foot landscape
setback based upon the Findings of Fact contained in this Staff Report.
Respectfully Submitted,
~y~
James Funk
Director of Development Services
~
Associate Planner
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I
Location Map
Site Plan, Landscape Plan & Elevations
Conditions of Approval
Standard Requirements
Initial Study with Mitigated Negative Declaration
Mitigation Monitoring and Reporting Program
Initial Study comments received during the public review period
Applicant Findings for the Variance
Reciprocal Parking Agreement
ATTACHMENT A
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
PROJECT: CUP 02-10 &
VAR 02-07
HEARING DATE: 10/22/02
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WENDY'S INTERNATIONAL
TIPPECANOE, CALIFORNIA
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A TT ACHMENT C
CONDITIONS OF APPROVAL
Conditional Use Permit No. 02-10 & Variance No. 02-07
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.
Expiration Date: October 22, 2004
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, indenmify 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:
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Conditional Use Permit No. 02-10
Variance No. 02-07
October 22. 2002
Page 2
a.
b.
c.
On-site circulation and parking, loading and landscaping;
Placement and/or height of walls, fences and structures;
Reconfiguration of architectural features, including colors, and/or modification of
finished materials that do not alter or compromise the previously approved theme; and,
A reduction in density or intensity of a development project.
d.
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 are 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. The hours of operation for the walk-in service area shall be from 6:00 am to midnight and
the drive thru service area shall be from 6:00 am to 2:00 am, seven days per week.
8. The colors of the building shall be consistent with the approved color schemes by the
D/ERC on August 22, 02. Any changes shall require approval by Planning.
9. If grading is to occur in areas where construction will be delayed for a period of two
months or more, the applicant shall apply a soil amendment or dust palliative to control
dust.
10. The applicant shall be required to obtain an encroachment permit from the Department of
Transportation for any improvements within the State right-of-way prior to start of
construction.
II.
The proposal shall be required to dedicate 6- foot wide strip ofland on Tippecanoe
A venue for future street widening and street improvements as well as set aside bond
money for those street improvements.
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12.
13.
14.
IS.
16.
17.
Conditional Use Permit No. 02-10
Variance No. 02-07
October 22, 2002
Page 3
The reciprocal parking agreement herein as Attachment I dated September 13, 2002, by
and between Denny's and Wendy's shall be recorded in the Deed and shall remain in
effect until the proposed Wendy's cease to operate.
Additional landscaping berms, shrubs, hedgerow and trees shall be provided along the
freeway 25- foot landscape setback to mitigate and screen the headlights of on-site drive-
thru and parked vehicles for Tippecanoe Avenue Off-ramp traffic as shown on the site
plan.
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.
The project is subject to all mitigation measures contained in the Mitigation Monitoring
Plan in Attachment F.
The speaker boxes shall be maintained so that no noise level shall be audible beyond the
property line.
The applicant shall be responsible for regular maintenance of the retail pad area.
Vandalism, graffiti, trash and other debris shall be removed and clean up within 24 hours.
18. If public telephones are located on the premises, they shall be fixed for outgoing calls
only.
19. The refuse enclosure area shall be screened and covered. The cover material and
screening method shall be architecturally integrated with the restaurant in terms of
materials and color.
20. This permit or approval is subject to the attached conditions or requirements of the
following City Departments or Divisions:
a. Plan Check
b. Public Works Division
c. Fire Department
d. Water Department
e. Public Services Department'
f. Parks and Recreation Community Department
'/:.. A-rr/'"~~TD
_ City of San Bernardino
_ STANDARD REQUIREMENTS Date: 5 - '1- 02-
Development ServiceslPlan Check Division
L1
WE. N c!y35
Property address -;-, fP6c.rl!;lV't, -+ /<'OS6woop
(;;
1. Submit *,sets 01 plans, minimum size 18" x 24", drawn to scale. If plan check is for
expeditious review, submit 5 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/Accessibility (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.
2.
The title sheet of the plans must specify the occupancy classification, type of construction, if
the building has sprinklers, & the current applicable codes.
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3.
The person who prepares them must sign the plans. Also, provide the address & phone
number of that person. Some types of occupancies require tIIat the plans are prepared,
stamped, and signed by an architect, engineer, or other person licensed by the State of
California.
4. For structures that must include an engineers design, provide 2 sets of stamped/wet signed
calculations prepared by a licensed architect/engineer.
5. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance
forms are required to be printed on the plans.
6. Submit grading, site, and/or landscape plans to Public WorkslEngineering for plan check
approval and permits. For more information, phone 909-384-5111.
7. 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.
8. Signs require a separate submittal to the Planning Division for plan check approval and
permits. For information, phone 909-384-5057.
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9.
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.
...,
10.
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11.
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.
An air quality permit may be required. Contact South Coast Air Quality Management
Division for information, phone 909-396-2000.
12. 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 3-4
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.
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVlCESIPUBLlC WORKS DIVISION
CASE NO: C.U.P.02-10
DESCRIPTION: CONSTRUCT A 2,903 S.F.
DRIVE-THRU FAST FOOD RESTAURANT
APPLICANT:
WENDY'S INTERNATIONAL
LOCATION: 1973 S. TIPPECANOE AVENUE
. NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant Is
responsible for submitting the Engineering plans dlrecUy to the Engineering Division. They
may be submitted prior to submittal of Building Plans.
1. Drainaae 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)
Ali 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.
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.
Page 1 of 9 Pages
10/1812002
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.02-10
APPLICANT:
WENDY'S INTERNATIONAL
DESCRIPTION: CONSTRUCT A 2,903 S.F.
DRIVE-THRU FAST FOOD RESTAURANT
LOCATION: 1973 S. TIPPECANOE AVENUE
2. Gradina and LandscaDina
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)
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").
c) 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.
d) 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.
e) The Drive-through lane and the parking area adjacent to the building shall
be constructed of PCC concrete pavement.
Page 2 of 9 Pages
10/1812002
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLlC WORKS DIVISION
CASE NO: C.U.P.02-10 DESCRIPTION: CONSTRUCT A 2,903 S.F.
I DRIVE-THRU FAST FOOD RESTAURANT
APPLICANT:
WENDY'S INTERNATIONAL LOCATION: 1973 S. TIPPECANOE AVENUE
f) 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.
g) 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.
h)
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.
i) Where the handicap accessible path of travel crosses drive aisles, it shall
be delineated by striping or textured/colored concrete pavement.
j) 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.
k) 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.
Page 3 of 9 Pages
10/1812002
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.02.10 DESCRIPTION: CONSTRUCT A 2,903 S.F.
DRIVE-THRU FAST FOOD RESTAURANT
APPLICANT:
WENDY'S INTERNATIONAL LOCATION: 1973 S. TIPPECANOE AVENUE
I) 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 property 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, in<:luding
gas, electric, telephone, water, sewer and cable TV (Cable TV optional for
commercial, industrial, or institutional uses).
b) Backflow preventers shall be installed for any building with the finished
floor elevation below the rim elevation of the nearest upstream manhole.
c) Sewer main extensions required to serve the site shall be constructed at
the Developer's expense.
d) 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.
e)
Utility services shall be placed underground and easements provided as
required.
Page 4 of 9 Pages
10/1812002
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.02-10 DESCRIPTION: CONSTRUCT A2,903.S.F.
DRIVE-THRU FAST FOOD RESTAURANT
APPLICANT:
WENDY'S INTERNATIONAL LOCATION: 1973 S. TIPPECANOE AVENUE
f) 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.
g) All existing overhead utilities adjacent to or traversing the site on either
side of the street shall be undergrounded in accordance with Section
19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions) of the
Development Code.
h)
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
uridergrounded. See Development Code Section 19.20.030 (non-
subdivisions) or Section 19.30.110 (subdivisions).
i) As an alternative to undergrounding required by Section 19.20.030 (non-
subdivision) of the Development Code, the developer will provide a letter
of agreement for participation in an assessment district, if one is formed,
to fulfill the requirement for undergrounding utilities. Prior to issuance of
building permit developer shall have the letter of agreement recorded with
the deed.
j) Sewers within private streets or private parking lots will not be maintained
by the City but shall be designed and constructed to City Standards and
inspected under a City On-Site Construction Permit. A private sewer plan
designed by the Developer's Engineer and approved by the City Engineer
will be required. This plan can be incorporated in the grading plan, where
practical.
Page 5 of 9 Pages
1011812002
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICESIPUBLlC WORKS DIVISION
CASE NO: C.U.P. 02-10 DESCRIPTION: CONSTRUCT A 2,903 S.F.
DRIVE-THRU FAST FOOD RESTAURANT
APPLICANT:
WENDY'S INTERNATIONAL LOCATION: 1973 S. TIPPECANOE AVENUE
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 Riaht of Wav(ft.) Curb Line(ft)
*TIPPECANOE AVENUE 56' (50' EXISTING) 48' (41' TO 48'
EXISTING)
ROSEWOOD AVENUE 30' (EXISTING) 18' (EXISTING)
Page 6 of 9 Pages
1011812002
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.02-10 DESCRIPTION: CONSTRUCT A 2,903 S.F.
DRIVE-THRU FAST FOOD RESTAURANT
APPLICANT:
WENDY'S INTERNATIONAL LOCATION: 1973 S. TIPPECANOE AVENUE
* In lieu of widening the street at Tippecanoe Avenue, the
owner/developer has to post a bond at the City Engineer's office for future
street improvements. The amount of the bond will be determined after
completion of the street widening improvement plan.
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 retums within and adjacent to the project site. Dedicate sufficient
right-of-way at the corner 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) All Curb return radii shall be 25 feet minimum.
h) Install Street Lights adjacent to the site in accordance with City Standard
Nos. SL-1 and SL-2.
Page 7 of 9 Pages
10/1812002
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.02-10
DESCRIPTION: CONSTRUCT A 2,903 S.F.
DRIVE.THRU FAST FOOD RESTAURANT
APPLICANT:
WENDY'S INTERNATIONAL
LOCATION: 1973 S. TIPPECANOE AVENUE
5. Reauired Enaineerina Permits
a) Grading permit (If applicable.).
b) On-site improvements construction permit (except buildings - see
Development Services-Building Division). including landscaping.
c) Off-site improvements construction permit.
6. ADDlicable Engineerina Fees 1
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.
] All Fees are subject to change without notice.
'Estimated Construction Cost for Off-Site Improvements Is based on a list of standard unit prices on file with
the Public Works Division.
] Estimated Construction Cost for On-Slte Improvements Is based on a list of standard unit prices on file
with the Public Works Division.
Page 8 of 9 Pages
10/1812002
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P.02-10
DESCRIPTION: CONSTRUCT A 2,903 S.F.
DRIVE-THRU FAST FOOD RESTAURANT
.
APPLICANT:
WENDY'S INTERNATIONAL
lOCATION: 1973 S. TIPPECANOE AVENUE
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: $4,193.75
e) Traffic system fee in the estimated amount of $17.113.56. Based on 943
trips per day @ $18.148 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
$275.70 per 3,000 square feet or fraction thereof: $275.70
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.
7. Additional Reauirements - General
a) Property owner should be aware that there is a potential for widening the
off-ramp along the South side of the project site in the future. Although
the City is allowing encroachment with the 25' landscape setback from the
Caltrans right-of-way with this project, should additional right-of-way be
required for said widening in the future, property owner understands that it
may effect parking along the South side of the project and will not object
to said widening.
Page 9 of 9 Pages
10/1812002
___LCZ7fi \~/JPPE:CANo~ AI/,c-:
CITY OF SAN BERNARDINO FIRE DEPARTMENT
STANDARD REQUIREMENTS' Case: c.uPOz.-/O_
Dale: 7- 17 - Z
Reviewed By: cqr::-ll.I
GENERAL REQUIREMENTS:
o Provide one adddional set 01 construction plans to Building and Salety lor Fire Depar1ment use at time 01 plan check.
o Contact the City 01 San Bernardino Fire Depar1ment at (909) 384-5388 lor specific delaJled requirements.
D The deveioper shall provide for adequate fire flow. Minimum fire flow requirements shall be based on square footage, construction features, and exposure
information supplied by the developer and!!!!!!! be available er!2! to placing combustible materials on sile.
WATER PURVEYOR FOR FIRE PROTECTION:
D The fire protection water service for the area of this project is provided by:
o San Bernardino Municipal Water Depar1men~nglneering (909) 384-5391
o East Valley Water District-Engineering (909) 888-8986
D Other Waler purveyor:
Phone:
PUBLIC FIRE PROTECTION FACILITIES:
~ Public lire hydrants are required along streets at intervals not to exceed 300 feet for commercial and multi-residential areas and at intervals not to exceed
_ 900 feel for residentiai areas.
~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 fire
hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residential areas.
[il/ Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Department in conjunction with the water pulVeyor. Fire
hydrant materials and installation shall conform 10 the standards and specifications of the water pUlVeyor.
Q....R:GbHC fire hydrants. fire services. and public water facilities necessary to meet Fire Department requirements are the developer's financial responsibility and
shall be installed by the water pUlveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional
information.
ACCESS:
o Provide two separate, dedicated routes of ingress/egress to the property entrance. The routes shall be paved, all weather.
o Provide an access road to 8ach building for fire apparatus. Access roadway shall have an aU-weather driving surface of not less than 20 feet of unob-
structed W'idth.
o Extend roadway to within 150 leet 01 all portions 01 the exterior wall 01 all single stOIY buildings.
xtend roadway to within 50 feet of the exterior wall of all multiple-story buildings.
Provide MNO PARKlNG~ signs 'Nhenever parking of vehicles \YOuld possible reduce the clearance of access roadways to less than the required width. Signs
are to read "ARE LANE-NO PARKlNG-M.C. Sec. 15.16".
o Dead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround.
o The names of any new streets (public or private) shall be submitted to the Fire Department for approval.
SITE:
o 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 building located more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any
exterior wall. The hydrants shaH be Wet Sarrel type, Yfith one 2~ inch and 4 inch outlet, and approved by the Fire Department. Areas adjacent to fire
hydrants shall be designated as a "NO PARKlNG~ zone by painting an Bloch wide, red stripe for 15 feet In each direction In front oflhe hydrant In such a
manner that it Yfill not be blocked by parked vehicles. LeUering to be in whtte 6~ by Y.t.
BUILDINGS:
l"O' Address numerals shall be installed on the building at the front or other approved location in such a manner as to be visible from the frontage street Com-
r mercial and multi family address numerals shall be 6 Inches tall, single family address numerals shall be 4 inches tall. The color of the numerals shall con-
trast with the coSor of the background.
o Identify each gas and electric meler with the number of the unit It serves.
jii Fire extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A 10BIC. Minimum distrlJution of
fire extinguishers must be such that no interior part of the building is over 75 feet travel distance from a fire extinguisher.
o Apartment houses with 16 or more units, hotels (motels) with 20 or more units, or apartments or hotsts (motels) three stories or more in height shall be
equipped with automatic fire sprinklers designed to NFPA standards.
o All buildings, over 5,000 square feet, shall be equipped with an automatic fire sprinker system designed to NFPA standards. This includes existing buildings
"--' vacant over 365 days. II _ Sy:m
~' Submit plans for the fire protection system to the Fire Department prior to beginning construction of the system. Permtt required. ~ ~
o Tenant Improvements in all sprinldered buildings are to be approved by the Fire Department prior to start of construction. Pennlt required.
o Provide fire alarm (required throughout). Plans must be approved by the Fire Department prior to start of installation. Permit required.
~ Fire Department connection to sprinkler system/standpipe system, shall be required at Fire Department &pprovecllocation.
Fire Code Pennd required. PaR A:5<sE:",,6L" Occ.L L'~_
- Fire Sprinkler monitoring required. F'llins must be approved bitheRr. oepart~ent prior to the start of constRJction. Permit requJred.
Note: The applicant must request, in writing, any changes to Fire Department requirements.
ADDITIONAL INFORMATION:
fPB17010NIO)
.)81-/(P!-!f{;).
-nIOMIT5 Gl.JfP~ 6,07- /3 (p
SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
e
STANDARD REQUIREMENTS
Review of Plans: CUp N(). n::J-ln
Owner/Developer: mARK r- c;AN./XJ \lI'rL
Type of Project: VJomy's r tJTEftrJ PrTft')AJPrL-
Location: Iq/)~ 5. -r,pp/Er;:t,.JcJE=
WATER DEPARTMENT ENGINEERING:
Contact: .JAYh~ i')YE;:
.
Date Compiled: 1- 1']- () a
Compiled By:
Number of Units:
Phone: 3'iLJ-S-:J,8lo _ Fax: 3'l4--S;<~
Note: All Water Services are Subject to the Rules & Regulations of tbe Water Department.
tSizeofMain Adjacent the Project: Ljl/ Ac. IN RCf3l=-I,looD. 111J'1."iTEeL/.Q TlPP/EC./TtJOE
{
Approximate Water Pressure: 7') Elevation of Water Storage: / ;life; { Hydrant Flow @ 20 psi: /5 ct:) 0fJ (A
,,( Type, Size, Location, and Distance to Nearest Fire Hydrant: !.I"l a It 'JJ't 1 ~/s-rh1. tnt/EILE/f' Ff? o~
NW (IJ9bJrR ()J: 7i.PPEr.ANO!3. I R().<;1~Wao:..tL
CI Pressure Regulator Required on Customer's Side on the Meter.
o Off-sile Water Facilities Required.
o Area Not Served by San Bernardino Municipal Water Department.
o Conunents: t:~ 1f::tc-r ..J ~ e<=::. i;?1(' ~ ~....... C> /3 (;q. Ny' C= _ r-
a, ~~~ ~Pn-V(cex=-
~ATE_ _ JA 1_ _ONTROL:
Contact: (P./JJ\d1~~JFrn Phone: ~c.t-SI39 Fax: BfrLJ-5C;:;-:J
JR.P<P. Backflow Device Required at Service Connection. FOI( Do IYl c.snc.... ltttf.f>OSE:S
Double Check Backflow Device Required at Service Connection. FoI( II? 11/ FIR if f l.I /CPo SE. $ ..
Backflow Device to be Inspected Before Water Service can be Activated.
o No Backtlow Device Required at This Time.
ENVIRONMENTAL CONTROLIINDlJSTRIAL WASTE: 30
Contacl: ;::; AJDV (' f!1A D V Phone: :( X t.f -::');) '!iI!f'" Fax: ?if 1./- 5,;; 5!J
Note: No Brine Regenerative Wafer Softeners May be Installed, Unless Holding and Hauling is Provided for the Brine. AlIlntereeplors
will be a 1200 Gallon Capacity with a Sanlple Box Included.
o Industrial Waste Pennit Required.
o Grease Interceptor Required.
o Pre-treatment Required.
o Sand/Oillnterceplor Required.
o No Issues at tlus Time.
SEWER CAPACITY INFORMATION:
Conlacl: NEIL IH(JfYl5t,j
Phone: ~t'-l-SCJ'13
Fax: :?~ i{.- 7;),,1/
Nole: Proof of Payment Must be Submitted 10 the Building & Safety Department Prior to Issuance of the Building Permit.
o No Sewer Capacity Fee Applicable at This Time.
_ Sewer Capacity Fee Must Be Paid 10 the Water Department for
. Subject to Recalculation of Fee Prior to the Issuance of Building Pennit.
Breakdown of Estimaled Gallons Per Day:
Gallons Per Day, Equivalent Dwelling Units:
STDREQl'll,FRM t:~m)
-
e SBMWD II
Environmental Control Section f ~
399 Chandler Place 5 '- . ~)"
San Bernardino, CA 92408 ~tH J?
Tel: (909) 384-5507
Fax: (909) 384-5258
PLAN CHECK AUTHORIZATION FORM
PC # C.lAP lUll _ 02.-10 q(IIl~.o.o 'i>.-tt .p1.,,1S Report #
Project Name: , ~~""~,.)I'-\ Date:
~-{~ i-le-OL
Project Address: l"l.l~ S. \"P Co c,.A,J "e To: Plan Check Coordinator
The following requirements are necessary to satisfy the EC Section Regulations, Under MC 1010 Chapter 13.32-
A. O.K, no corrections needed; sign ofIbuck sheet.
Y.. B. Wastewater Discharge Questionnaire attached.
C. .Interceptor Memo attached.
e D. Conditional Interceptor Waiver Request attached.
E. .Sampling Station Memo attached.
F. .Dark Room Memo attached.
G. Pretreatment Required; Letter attached.
H. RCRA Information Brochure attached.
I. City orSan Bernardino Ordinance No. tOtO attached.
>< 1. Industrial Waste Discharge Permit Application attached.
. \
y. K. Plumbing Plans required; submit 1 set. - ~~II-<..&f ~ ~"""..cw..c::...
L. Water Softening Systems Memo attached.
M. .Spill Containment Memo attached.
N. Service Bay Memo attached.
O. Other: I
P. EC Section inspection required for; D Rough Plumbing, D Interceptor (Size: 1
D Sample Point, D Silver Recovery, D Spill Containment, D To VerifY Survey Information,
D Other:( )
. AD EquipmentlDevk:os must meet the approY81 of th. EC Section prior 10 iDstallation. ColI (909) 384-5383 for lID appointment.
e I EC OftIcer: Andy Coady I Signatn...: I Date: I
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City of San Bernardino Public Services Department
Development Project Conditions of Approval
300 North D Street - 4th Floor
San Bernardino, CA 92418
Project Number: CUP 02-10
Project Planner: Aron Liang
Review Date: 5.9.2002
Profect Description/Business Name: Proposed drive-thru fast food restaurant (Wendy's).
Project Location/Address: 1973 South Tippecanoe Avenue
Service Account: Jack's
Reviewed By: Michelle Dyck- Turner
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 Recyciing 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.
o Demolition & Site Preparation
o Construction / Renovation
o Business Operations or Event
. Additional Requirements or Recommendations .
The submitted plan designates parking spaces on either side of the bin enciosure that if occupied would restrict access to
enciosure, however, the site has minimum parking required. Proposed hours of operation are 6AM to midnight for walk-
in traffic and 6AM to 2AM for the drive-thru, seven days a week. Applicant has been advised that if access to enciosure
is restricted and bins cannot be serviced, there may be additional service fees to return.
This site is grand fathered to Jack's Disposal for solid waste disposal services.
Alignment and dimensions of enciosure meet standard requirements - must show dimensions and reference engineering
detail consistent with PWS 508 on site pian.
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MOIPS 9.25.02
e
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 Bemardino 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 City of San Bernardino Refuse & Recycling Division prior to Issuance of the final Certificate of Occupancy.
3. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly, and all other
solid wastes shall be removed at least once weekly. [SB County Health, Sanitation and Animal Regulations ~ 33.083]
4. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City recycling services for
maximum diversion within 30 days of opening business, ll[ establish an alternative diversion program to be Identified In the
IWM Survey for the project.
Automated Cart Service to Nonresidential Facilities
5. 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.
Projects must have a minimum drive aisle width of 16 feet, vertical traveling clearance of 14 feet, 20-foot service clearance at
enclosure or compactor pad, a minimum 4O-foot straight and level approach to enclosure or compactor pad, and a minimum
radius of 43 feet for all drive turns along the main Ingress to and egress from enclosures. These requirements shall not limit
requirements for Fire vehicle access.
7. Property without through access shall Incorporate at least one of the following designs:
. A cui-de-sac with a 43-foot turning radius for a 32-foot vehicle length
. A hammerhead turn with a 43-foot turning radius for a 32-foot vehicle length
Gated Access
8. 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
9. 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.
10. 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.
11. 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.
12. 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)]
13. Location, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and compactor
screening, shall be shown on site plans and labeled that construction shall meet City Engineering Standards.
MD/PS 9.25.02
City of San Bernardino Public Services Department
Standard Development Requirements
IIIIlige 2 of 3
~ont-load Bin Enclosures & Access
14. 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 ~42911]
15. Front-load compactor units must be contained In an enclosure large enough to hold the unit and one additional bin facing
lengthwise.
16. 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.
17. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved, without crossing
curbs, steps, or driveways.
18. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water.
19. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code ~ 1103.2.2]
20. Only refuse bins and the contents therein for disposal may be stored In refuse enclosures. All other equipment, f1xtures, and
materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus supplies are strictly prohibited.
21. 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.
22. Enclosures shall be located with gates aligned for straight access for service vehicles.
23. Enclosures shall not obstruct drive aisles, driveways, loading zones, parking, handicap access, or vlslblllty 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.
. 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..
25. 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
26. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved.
27. Disposal chutes incorporated Into multi-story buildings must have dedicated chutes for refuse & commingled recyclables. Both
chutes shall be clearly and pennanently labeled at each chute opening and exit. [Specifications adopted in accordance with
Model Ordinance as required by CA PRC ~42911]
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MD/PS 9.25.02
CITY OF SAN BERNARDINO PARltS, RECRBATION &: COMMtlNITY SBRVICES DBPARTMENT
e
Wendy's
1973 S. Tippecanoe Ave.
STANDARD REQUIRBMBNTS
Ca..: CUD 02-10
Date: 8-21-02
Reviewed By: Jim Gondos
GBHBRAL RBQUI:VllMDTS:
I xl COIIIIIlIIrcial Indu.trial and Xulti-tJDit
I 1 A.....ment Di.trict
I 1 R..id.ntial
I 1 Purpos., Guid.lin.s and submittal procedure
I x 1 Irrigation and Landscaping Plans.
I 1 Contact the City of San Bernardino Parks, Recreation and Community Services
Department at (909) 384-5217 or 384-5314 for specific detailed
r.quir"",ents.
SPECIFIC RBQUI:v~S:
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I xl
I 1
I 1
I x 1
I xl
I I
I 1
I 1
I I
lIaintanance of landscape ar.as
Planter Areas
Interior Planter Areas
Irrigation aysttllll8
Setback Area.
Slope Areas
Ground Cover and Bedding Haterial
Brosion Control
Weed Control
PLANT IlATBRXALS
I 1 Plant list and climatic conditions
I x 1 Street Trees
I x I Plant Haterial Si..e Requir_nts and Ratios
INSPECTION AND o-.n1J51t RBQ1J7REllBNTS
I x 1 Irrigation Syst"'"
I x I Landscaping
I 1 Bardscap. Ittllll8
I 1 Street tree Specifications
I 1 Arborht Report
I 1 RtlIIlOval or destruction of trees
I I Screening Requir_nt (City, Dav.Cod.)
Note. The applicant must r.quest, in writing, any change. to the Parks, Recreation and
Community Servic.s requir_nts. Additional information
Standard requirements are issued for the landscape and irrigation system. A minimum'300
. SQ. ft. corner treatement is needed at the corner of Rosewood and Tippecanoe Ave. The
landscape area along Rosewood and Tippecanoe shall be designed with 60% turf. Submit
lans to the Public Works De t. for final a roval.
liS: jj
City of San Bernardino Public Services Department
Standard Development Requirements
fige 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 one set of a blue, green, and black 96 or 64-gallon automated service carts to each single family unit OR
one set to every 2 units In multi-unit dwellings up to 8 units upon request.
3. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved.
4. 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.
Automated Cart Storage & Access
5. Residential units shall dedicate a minimum 4 feet by 11 feet area on a concrete surface located out of view of public right-of-
way behind a fence or within an enclosed garage for storage of each set of up to 4 automated carts. If visible from the public
right-of-way, the storage 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 continuously paved without step or curb with 4-foot minimum gate
openings.
There shall be a minimum drive aisle width of 13 feet, verdcal clearance of 1 3 feet, and a minimum radius of 43 feet for all
drive turns along the main Ingress to and egress to all Improved lots within a residential tract_ These requirements shall not limit
requirements for Fire vehicle access.
8. All tracts shall have one or more of the following designs Incorporated Into all access streets:
. A cul-de-sac with a 43-foot turning radius
. A hammerhead turn with a 43-foot turning radius
. Two separate entry/exit routes from each street
Curbside Service Area
9. A minimum I 4-foot 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
10. Gated properdes 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.
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MD/PS 9.25.02
'A
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
NOTICE OF INTENT
FROM:
CITY OF SAN BERNARDINO
Development Services Department
300 North "0" Street
San Bernardino, CA 92418
TO:
o
OFFICE OF PLANNING AND RESEARCH
1400 Tenth Street, Room 121
Sacramento, CA 95814
cgJ COUNTY CLERK
County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415
SUBJECT:
Filing of Notice of Intent to adopt a mitigated Negative Declaration in compliance with Section 21080c of
the Public Resources Code and Sections 15072 and 15073 of the CEQA Guidelines.
Project Title: Conditional Use Permit No. 02-10 & Variance No. 02-07 - Wendy's Drive-thru
State Clearinghouse Number (if submitted to Clearinghouse): N/A
Lead Agency Contact Person:
Area CodelTelephone:
Aron Liang
909-384-5057
Project Location (include city/county): The proposed project site is situated on approximately .61 acres, located at 1973: .
South Tippecanoe Avenue in the City/County of San Bernardino.
Project Description: A request for a Conditional Use Permit to construct and operate a 2,903 square foot fast food' i
restaurant with a drive-thru on a .61 acres site, located at the southeast corner of Tippecanoe and Rosewood Avel1l\es, m the
CG-1, Commercial General, land use district. Also, a request for a Variance to allow 15 parking stalls to be located in the
landscape setback buffer area. .
This is to notify the public and interested parties of the City of San Bernardino's intent to adopt a mitigated Negative
Declaration for the above referenced project. The mandatory public review period will begin on Thursday, July 25, 2002
and will end on Wednesday, August 14,2002. The Initial Study and supporting Technical Studies are available for public
review at the public counter in the Development Services Department, located on the third floor of City Hall (address listed
above).
The project site is not listed in the State of California Hazardous Waste and Substances Sites List pursuant to Government
Code Section 65962 .5(E).
Following the public review period, the project and proposed mitigated Negative Declaration will be reviewed by the City's
Environmental/Development Review Committee on Thursday, August 22, 2002, at 9:00 a.m. in Conference Room-A,
located on the fourth floor of City Hall.
/~ .
Signature//' ~
~Aron Liang
Date: 7/25/02
Title: Associate Planner
Date received for filing at OPR: To be determined
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CITY OF SAN BERNARDINO
INITIAL STUDY FOR
Conditional Use Permit No. 02-10 & Variance No. 02-07
PROJECT DESCRIPTIONILOCATION: A request for a Conditional Use Permit to construct
and operate a 2,903 square foot fast food restaurant with a drive-thru on a .61 acres site, located
at the southeast comer of Tippecanoe and Rosewood A venues, in the CG-I, Commercial
General, land use district. Also, a request for a Variance to allow 15 parking stalls to be located
in the landscape setback buffer area.
DATE: July15, 2002
PREPARED FOR
Wendy's International
29959 Yorkton
Murrieta, CA 92563
PREPARED BY
Aron Liang
300 N. 0 Street
San Bernardino, CA
(909) 384-5057
City of San Bernardino
Development Services Department
300 North "0" Street
San Bernardino, CA 92418
(909) 384-5057
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study
when a proposal must obtain discretionary approval from a governmental agency and is not
exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal,
not exempt from CEQA, qualifies for a Negative Declaration or whether or not an
Environmental Impact Report (EIR) must be prepared.
1. Project Title: Conditional Use Permit No. 02-10 and Variance No. 02-07
2. Lead Agency Name: City of San Bernardino
Address: 300 North "0" Street, San Bernardino, CA 92418
3. Contact Person: Aron Liang, Associate Planner
Phone Number: (909) 384-5057
4. Project Location (AddresslNearest cross-streets):
The project site is located at 1973 South Tippecanoe Avenue.
5. Project Sponsor: Wendy's International, Inc.
Address: 29959 Yorkton, Murrieta, CA 92563
6. General Plan Designation: CG-l, Commercial General
7. Description of Project (Describe the whole action involved, including, but not limited to,
later phases of the project and any secondary, support, or off-site feature necessary for
its implementation. Attach additional sheets, ifnecessary):
A request for a Conditional Use Permit to construct and operate a 2,903 square foot fast food.
restaurant with a drive-thru on a .61 acres site, located at the southeast corner of Tippecanoe
and Rosewood A venues, in the CG-I, Commercial General, land use district. Also, a request
for a Variance to allow 15 parking stalls to be located in the landscape setback area. Of the
15 stalls, 9 stalls along Tippecanoe Avenue will be located in the 10-foot landscape setback
area, and the remaining 6 stalls will be located in the 25-foot Interstate Freeway 10 landscape
setback buffer area.
The project will be constructed in one phase. The project site is currently vacant and has
been designed with a fast food restaurant with the drive-thru located in the center of the site.
Surrounding the restaurant and the drive-thru are 29 parking spaces and landscaping of 26%
of the site. Access to the site is limited with one entry driveway on Rosewood Avenue. The
on-site driveway accommodates a one-way lane with a 45-degree parking layout. The walk-
in service area will be from 6:00 am to midnight and the drive-thru service area will be from
6:00 am to 2 am, 7 days per week, with 6 car stacking from the menu board (Attachment 1).
IS I
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
The project site is located in the Freeway Corridor Overlay District. The District requires
that a 25-foot landscape setback buffer be provided along all freeway frontage whether the
property fronts for backs up to the freeway and that a minimum building setback of 50 feet
from the freeway right-of-way be provided. Based on the site plan, the proposed
building/restaurant location is setback 50 feet away from the freeway right-of-way. Also, the
applicant has filed a variance to allow 6 parking stalls to be located in the 25-foot landscape
setback buffer area.
8.
Surrounding Land Uses and Setting: The project site has been graded for weed control.
Surrounding the area to the west across Tippecanoe Avenue is a commercial vacant lot in
the CR-3, Commercial Regional, land use district. To the north across Rosewood
Avenue is a gas station in the CG-!, land use district. To the east and adjacent to the site
is an existing restaurant in the CG-l, land use district. To the south is the Interstate
Freeway 10 off-ramp to Tippecanoe Avenue. Table! identifies surrounding land use and
zoning.
Table 1
Existing Land Uses and Land Use Designations for Areas Immediately
Adiacent to the ProDosed Proiect
Location Land Use Designation Land Uses
North CG-! Gas Station
South CG-l l-lO Freeway off ramp
East CG-l. Restaurant
West CR-3 Vacant lot
Source: City of San Bernardino General Plan, 1989; site visit.
LEGEND:
CR-3 - Commercial Regional
CG-I - Commercial General
9. Other agencies whose approval is required (e.g., permits, finance approval, or
participation agreement):
Grading and building permits from the City of San Bernardino Development Services
Department and Fire Department.
IS 2
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" as indicated by the
checklist on the following pages.
D Land Use and Planning
[8] Population and Housing
D Earth Resources
D Water
[8] Air Quality
[8]Transportation/Circulation
D Biological Resources
D Energy and Mineral Resources
D Hazards
[8] Noise
D Mandatory Findings of
Significance
D Public Services
D Utilities and Service Systems
D Aesthetics
D Cultural Resources
D Recreation
Determination.
On the basis of this Initial Study, the City of San Bemardino, Environmental Review Committee fmds:
That the proposed project COULD NOT have significant effect on the environment, D
and a NEGATIVE DECLARATION will be prepared.
That although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A
NEGATIVE DECLARATION will be prepared.
~
That the proposed project MAY have a significant effect on the environment, and an D
ENVIRONMENTAL IMPACT REPORT is required.
That although the proposed project could have a significant effect on the D
environment, there WILL NOT be a significant effect in this case because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR
pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project.
c~;J~
Signature
"
"7 -/:r:-O 2..-
r
Date
ANo"J
Printed Name
UW7
IS 3
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
e
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
Imnact Incornorated Imnact No Imnact
I. LAND USE AND PLANNING. Will the
orooosal result in: .
a) A conflict with the land use as 0 0 0 ~
designated based on the review of the
General Plan Land Use Plan/Zoning
Districts Map?
b) Development within an Airport District 0 0 0 ~
as identified in the Air Installation
Compatible Use Zone (AICUZ) Report
and the Land Use Zoning District
Map?
c) Development within Foothill Fire 0 0 0 ~
Zones A & B, or C as identified on the
Land Use Districts Zoning Map? .
d) Other? 0 0 0 0
II. POPULATION AND HOUSING. Will the
proposal:
a) Remove existing housing (including 0 0 0 0
affordable housing) as verified by a
site survey/evaluation?
-,
b) Create a significant demand for 0 0 ~ ~
additional housing based on the
proposed use and evaluation of project
size?
c) Induce substantial growth in an area 0 0 0 ~
either directly or indirectly (e.g.,
through projects in an undeveloped
area or an extension of major
infrastructure)?
d) Other? 0 0 0 0
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
1m act Inco rated 1m act No 1m act
III. EARTH RESOURCES: Will the proposal
result in:
a) Earth movement (cut and/or fill) on 0 0 0 ~
slopes of 15% or more based on
information contained in the
Preliminary Project Description Form
No.D?
b) Development and/or grading on a slope 0 0 0 ~
greater than 15% natural grade based
on review of General Plan HMOD
map?
c) Erosion, dust or unstable soil 0 0 0 ~
conditions from excavation, grading or
fill?
d) Development within the Alquist-Priolo 0 0 0 ~
Special Studies Zone as defined in
Section 12.0, Geologic & Seismic,
Figure 47, of the City's General Plan?
e) Modification of any unique geologic or 0 0 0 ~
physical feature based on field review?
f) Development within areas defined as 0 0 0 ~
having high potential for water or wind
erosion as identified in Section 12.0,
Geologic & Seismic, Figure 53, of the
City's General Plan?
g) Modification of a channel, creek or 0 0 0 ~
river based on a field review or review
of USGS Topographic Map San
Bernardino North Quadrangle
h) Development within an area subject to 0 0 0 ~
landslides, mudslides, subsidence or
other similar hazards as identified in
Section 12.0, Geologic & Seismic,
Figures 48,51,52 and 53 of the City's
General Plan?
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IS 5
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
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Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
Imoact Incomorated Imnact No Imoact
i) Development within an area subject to 0 0 0 181
liquefaction as shown in Section 12.0,
Geologic & Seismic, Figure 48, of the
City's General Plan?
j) Other? 0 0 0 0
IV. WATER. Will the proposal result in:
a) Changes in absorption rates, drainage 0 0 0 181
patterns, or the rate and amount of
surface runoff due to impermeable
surfaces that cannot be mitigated by
Public Works Standard Requirements
to contain and convey runoff to
approved storm drain based on review
of the proposed site plan?
b) Significant alteration in the course or 0 0 0 181
flow of flood waters based on
consultation with Public Works staff?
c) Discharge into surface waters or any 0 0 0 181
alteration of surface water quality
based on requirements of Public Works
to have runoff directed to approved
storm drains?
d) Changes in the quantity or quality of 0 0 0 181
ground water?
e) Exposure of people or property to 0 0 0 181
flood hazards as identified in the
Federal Emergency Management
Agency's Flood Insurance Rate Map,
Community Panel Number
0607 I C7940 F, and Section 16.0,
Flooding, Figure 62, of the City's
General Plan?
f) Other? 0 0 0 0
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
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Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
ImDact Incorporated ImDact No ImDact
V. AIR QUALITY. Will the proposal:
a) Violate any air quality standard or 0 [gI 0 0
contribute to an existing or projected
air quality violation based on the
thresholds in the SCAQMD's "CEQA
Air Quality Handbook"?
b) Expose sensitive receptors to 0 0 0 [gI
pollutants?
c) Alter air movement, moisture, or 0 0 0 [gI
temperature, or cause any change in
climate?
d) Create objectionable odors based on 0 0 [gI 0
information contained in the
Preliminary Environmental Description
Form?
VI. TRANSPORT A TION/CIRCULA TION.
Could the proposal result in:
a) A significant increase in traffic 0 0 [gI 0
volumes on the roadways or
intersections or an increase that is
significantly greater than the land use
designated on the General Plan?
b) Alteration of present patterns of 0 0 0 [gI
circulation?
c) A disjointed pattern of roadway 0 0 0 [gI
improvements?
d) Impact to rail or air traffic? 0 0 0 [gI
e) Insufficient parking capacity on-site or 0 0 0 [gI
off-site based on the requirements in
Chapter 19.24 of the Development
Code?
t) Increased safety hazards to vehicles, 0 0 [gI 0
bicyclists or pedestrians?
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IS 7
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
1m act Ince orated 1m aet No 1m act
g) Conflict with adopted policies D D D I2J
supporting alternative transportation?
h) Inadequate emergency access or access D D D I2J
to nearby uses?
i) Other? D D D D
VII. BIOLOGICAL RESOURCES. Could the
proposal result in:
a) Development within the Biological D D D I2J
Resources Management Overlay, as
identified in Section 10.0, Natural
Resources, Figure 41, of the City's
General Plan?
b) Impacts to endangered, threatened or D D D I2J
rate species or their habitat (including,
but not limited to, plants, mammals,
fish, insects and birds)?
c) Impacts to the wildlife disbursal or D D D I2J
migration corridors?
d) Impacts to wetland habitat (e.g., marsh, D D D I2J
riparian and vernal pool)?
e) Removal of viable, mature trees based D D D I2J
on information contained in the
Preliminary Environmental Description
Form and verified by site
survey/evaluation (6" or greater trunk
diameter at 4' above the ground)?
f) Other? D D D D
VIII. ENERGY AND MINERAL
RESOURCES. Would the proposal:
a) Conflict with adopted energy D D D I2J
conservation plans?
b) Use non-renewable resources in a D D D I2J
wasteful and inefficient manner?
IS 8
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
e
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
Impact Incomorated Impact No Imnact
c) Result in the loss of availability of a 0 0 0 18I
known mineral resource that would be
of future value to the region and the
residents of the State?
IX. HAZARDS. Will the proposal:
a) Use, store, transport or dispose of 0 0 0 18I
hazardous or toxic materials based on
information contained in the
Preliminary Environmental Description
Form No. G(I) and G(2) (including,
but not limited to, oil, pesticides,
chemicals or radiation)?
b) Involve the release of hazardous 0 0 0 18I
substances?
c) Expose people to the potential 0 0 0 18I
health/safety hazards?
d) Other? 0 0 0 0
X. NOISE. Could the proposal result in:
a) Development of housing, health care 0 0 18I 0
facilities, schools, libraries, religious
facilities or other noise sensitive uses
in areas where existing or future noise
levels exceed an Ldn of 65 dB(A)
exterior and an Ldn of 45 dB(A)
interior as identified in Section 14.0,
Noise, Figures 57 and 58, of the City's
General Plan?
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
e
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
Impact Incomorated Impact No Impact
b) Development of new or expansion of D D ~ D
existing industrial, commercial or other
uses which generate noise levels above
an Ldn of 65 dB(A) exterior or an Ldn
of 45 dB(A) interior that may affect
areas containing housing, schools,
health care facilities or other sensitive
uses based on information in the
Preliminary Environmental Description
Form No. G(I) and evaluation of
surrounding land uses No. C, and
verified by site survey/evaluation?
c) Other? D D D D
XI. PUBLIC SERVICES. Would the proposal
have an effect upon, or result in a need for
new or altered government services in any
of the following areas:
a) Fire protection? D D D ~
b) Medical aid? D D D ~
c) Police protection? D D D ~
. D ~
d) Schools? D D
e) Parks or other recreational facilities? D D D ~
f) Solid waste disposal? D D D 181
g) Maintenance of public facilities, D D D 181
including roads?
h) Other governmental services? D D D ~
XII. UTILITIES. Will the proposal, based on
the responses of the responsible Agencies,
Departments, or Utility Company, impact
the following beyond the capability to
provide adequate levels of service or
require the construction of new facilities?
a) Natural gas? D D D ~
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
Imoact Incomorated Imoact No Imoact
b) Electricity? 0 0 0 ~
c) Communications systems? 0 0 0 ~
d) Water distribution? 0 0 0 ~
e) Water treatment or sewer? 0 0 0 ~
f) Storm water drainage? 0 0 0 ~
g) Result in a disjointed pattern of utility 0 0 0 ~
extensions based on review of existing
patterns and proposed extensions?
h) Other? 0 0 0 0
XIII. AESTHETICS.
a) Could the proposal result in the 0 0 0 ~
obstruction of any significant or
important scenic view based on
evaluation of the view shed verified by
site survey/evaluation?
b) Will the visual impact of the project 0 0 0 ~
create aesthetically offensive changes
in the existing visual setting based on a
site survey and evaluation of the
proposed elevations?
c) Create significant light or glare that 0 0 0 IZI
could impact sensitive receptors?
d) Other? 0 0 0 0
XIV. CULTURAL RESOURCES. Could the
proposal result in: .
a) Development in a sensitive 0 0 0 IZI
archaeological area as identified in
Section 3.0, Historical, Figure 8, of the
City's General Plan?
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
Imnaet Ineol1lOrated Imnaet No Imoaet
b) The alteration or destruction of a 0 0 0 t8I
prehistoric or historic archaeological
site by development within an
archaeological sensitive area as
identified in Section 3.0, Historical,
Figure 8, of the City's General Plan?
c) Alteration or destruction of a historical 0 0 0 t8I
site, structure or object as listed in the
City's Historic Resources
Reconnaissance Survey?
d) Other? 0 0 0 0
XV. RECREATION. Would the proposal:
a) Increase the demand for neighborhood 0 0 0 t8I
or regional parks or other recreational
facilities?
e b) Affect existing recreational 0 0 0 t8I
opportunities?
XVI. MANDATORY FINDINGS OF
SIGNIFICANCE.
a) Does the project have the potential to 0 0 0 t8I
degrade the quality of the environment,
substantially reduce the habitat of a
fish or wildlife species, cause a fish or
wildlife population to drop below self-
sustaining levels, threaten to eliminate
a plant or animal community, reduce
the number or restrict the range of a
rare or endangered plant or animal, or
eliminate important examples of the
major periods of California history or
prehistory?
b) Does the project have the potential to 0 0 0 t8I
achieve short-term, to the disadvantage
of long-term, environmental goals?
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
1m act Inco orated 1m act No 1m act
c) Does the project have impacts that are D D D ~
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the
incremental effects of a project are
considerable when viewed in
connection with the effects of past
projects, the effects of other current
projects, and the effects of probable
future projects.)
d) Does the project have environmental D D D ~
effects, which will cause substantial
adverse effects on human beings, either
directly or indirectly?
IS \3
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
e REFERENCES. The following references cited in the Initial Study are on file in the Development
Services Department.
1. City of San Bernardino General Plan.
2. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map.
3. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code).
4. City of San Bernardino Historic Resources Reconnaissance Survey.
5. Alquist-Priolo Earthquake Fault Zones Map.
6. South Coast Air Quality Management District, CEQA Air Quality Handbook.
7. Federal Emergency Management Agency, Flood Insurance Rate Maps.
8. Public Works Standard Requirements-water.
9. Public Works Standard Requirements-grading.
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
_ DISCUSSION OF SPECIFIED CHECKLIST RESPONSES
II. POPULATION AND HOUSING
b)
_v.
_
The proposed project will not result in a significant demand for additional housing based on the
proposed use and evaluation ofthe project size. It is anticipated that the project will have up to
13 employees. These jobs would not require high specialization that would create a need to
import skilled labor from outside the area. Because this project is an infill project within the
City. It is assumed that local residents will fill these jobs and no significant influx of people is
anticipated to fill these positions. Therefore, the proposed project has no potential to create a
significant demand for new housing. Based on this, the project will result in a less than
significant demand for additional housing. No mitigation measures are required.
c)
The proposed project does have the potential to generate odors from construction and operation
activities. Since comparable sources of odor (restaurants and traffic vehicle) already exist in
the project area, the proposed project will not introduce new types of odors into the project
vicinity. Exhaust will be emitted from construction vehicles, primarily during the grading
phase, but these are short-term and are not considered significant. Long-term operation of the
project will result in generating odors from vehicle and truck exhaust. However, these impacts
fall below a significance threshold, therefore, these impacts are considered less than significant.
No additional mitigation measures are required.
AIR OUALITY
a)
Dust will be generated during the grading of the site and construction of the restaurant with the
drive-thru. The grading & construction activity will comply with the following mitigation
measures:
. Grading and construction will be performed in accordance with Southern California Air
Quality Management District (SCAQMD) Rules 403 & 402 in reducing short-term air
pollutant emissions.
. Comply with Rule 403 for fugitive dust control measures during grading and
construction activities.
. Comply with Rule 402 for dust suppression techniques to prevent fugitive dust from
creating a nuisance off-site.
. The applicant will also be required to comply with the Public Works Division Standard
Requirements for grading and dust control.
Compliance with SCAQMD Rules 402 & 403 and Public Works Division, standard
requirements will ensure that potential erosion of soils will remain less than significant.
IS 15
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f)
e
VI.
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
. INITIAL STUDY
TRANSPORT A TION/CIRCULA TION
a) The proposed project is consistent with the Hub Environmental Impact Report (EIR) traffic
impact analysis (Analysis) prepared by LSA on January 20, 2001. A copy of the Hub EIR is
available at City Hall at the third floor Planning Office. The Analysis studied included but not
limited to the following intersections:
. Tippecanoe A venue and Hospitality Lane
. Tippecanoe A venue and Laurelwood Drive
. Tippecanoe A venue and Rosewood Drive
. Tippecanoe Avenue and 1-10 Westbound Ramps
. Tippecanoe Avenue and 1-10 Eastbound Ramps
. Anderson Street and Redlands Boulevard
Based upon the Hub EIR Congestion Management Program Traffic Impact Analysis mitigation
measures, the proposed project will result in a less than significant increase in traffic volumes
on the roadways or intersections. No additional mitigation measures are required.
Additionally, the City Traffic Engineer has reviewed the proposal and has determined that the
land dedication of 6 feet on Tippecanoe Avenue is adequate, and that additional vehicle trips
resulting from the proposed project will not cause any significant impact pursuant to the traffic
Hub EIR Traffic Analysis and a traffic study is not required (Attachment B).
The project will result in a less than significant increase in safety hazards to vehicles, bicyclists
or pedestrians. There is a low probability that the proposed project would have any safety
impacts either during the construction or operational phase since the majority of the
construction will be on-site. During the construction period, safety hazards may occur on
Rosewood and Tippecanoe Avenues when improvements are installed (curb cuts, pavement,
etc) which could temporarily affect traffic safety. Such hazards can be managed by using
appropriate traffic management tools. To mitigate this potential impact, the following measure
will be implemented:
. For periods when construction activity encroaches onto the surrounding roadways
(Rosewood and Tippecanoe Avenues), the developer shall implement a traffic
management plan approve by the City that specifies the equipment, manpower and
other materials that will be utilized to ensure that potential hazards are minimized and
safety of vehicle, pedestrians and bicycles is ensured.
IS 16
ex.
a, b)
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
NOISE
The construction of the proposed project will not result in significant noise impacts. The
project site is located in a commercial area, with motel, gas station and adjacent a major noise
source 1-10 Freeway off ramp. These uses are not considered sensitive receptors, and will not
require mitigation. However, in order to ensure that the noise impacts associated with the
construction will not impact the more sensitive evening and night time hours, the construction
activity shall be limited to daytime hours only and therefore reducing the construction noise to
a less than significant level. The applicant shall comply with the following mitigation
measures:
. All construction activities shall be limited to the hours of 7 am to 7 pm, Monday
through Friday.
. All construction vehicles shall have mufflers and be maintained in good operating order
at all times. No vehicle repair shall be permitted at the project site.
. All trucks waiting to be loaded or unloaded with construction material shall not be left
to idle for more than 10 minutes.
. During construction, best efforts should be made to locate stockpiling and/or vehicle
staging areas as far as practicable from existing residential dwellings.
. Construct an 8-foot high decorative sound block wall as shown on the site plan.
. The speaker boxes shall be maintained so that sound is not audible at the property line.
IS 17
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Attachment 2
CITY OF SAN BERNARDINO
Interoffice Memorandum
To: Youn Kim, Senior Civil Engineer
From:,..;J Anwar Wagdy, Traffic Engineer
Subject: Required Tippecanoe Avenue Setback Requirement for the Proposed
Wendy's Restaurant
Date: June 17,2002
Copies: James Funk, Director of Development Services; Ray Casey, Deputy Director/ City
Engineer; File No. 13.47
Staff has conducted additional right-of-way research from the initial data provided by
SANBAG staff, and has revised the future lane configuration on Tippecanoe Avenue (see
attachments), adjacent to the proposed Wendy's restaurant. Therefore, it now appears that
the ultimate east curb line setback. requirement for the restaurant will be 6 feet as was
originally proposed. This requirement was previously discussed with the developer and it
should enable the project to proceed with minor modifications.
Attachments:
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ATTACHMENT F
WENDY'S
MITIGATION MONITORlNGIREPORTING PROGRAM
This Mitigation Monitoring and Reporting Program has been prepared to implement the
mitigation measures outlined in the Program Environmental Impact Report for the
Tippecanoe Street and Rosewood Avenue Wendy's. This program has been prepared in
compliance with the California Environmental Quality Act (CEQA) and the State and
City of San Bernardino CEQA Guidelines.
CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for
those measures or conditions imposed on a project to mitigate or avoid adverse effects on
the environment. The law states that the monitoring or reporting program shall be
designed to ensure compliance during project implementation.
The Mitigation Monitoring and Reporting Program contains the following elements:
1.
The mitigation measures are recorded with the action and procedure
necessary to ensure compliance. The program lists the mitigation measures
contained within the Initial Study.
A procedure for compliance and verification has been outlined for each
mandatory mitigation action. This procedure designates who will take
action, what action will be taken and when, and to whom and when
compliance will be reported.
The program contains a separate Mitigation Monitoring and Compliance
Record for each action. On each of these record sheets, the pertinent
actions and dates will be logged, and copies of permits, correspondence or
other data relevant will be retained by the City of San Bernardino.
The program is designed to be flexible. As monitoring progresses, changes
to compliance procedures may be necessary based upon recommendations
by those responsible for the program. If changes are made, new
monitoring compliance procedures and records will be developed and
incorporated into the program.
2.
3.
4.
The individual measures and accompanying monitoring/reporting actions follow. They
are numbered in the same sequence as presented in the Program EIR.
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MITIGATION MEASURES
II. POPULATION AND HOUSING
b) The proposed project will not result in a significant demand for additional housing
based on the proposed use and evaluation of the project size. It is anticipated that
the project will have up to 13 employees. These jobs would not require high
specialization that would create a need to import skilled labor from outside the
area. Because this project is an infill project within the City. It is assumed that
local residents will fill these jobs and no significant influx of people is anticipated
to fill these positions. Therefore, the proposed project has no potential to create a
significant demand for new housing. Based on this, the project will result in a
less than significant demand for additional housing. No mitigation measures are
required.
c)
The proposed project does have the potential to generate odors from construction
and operation activities. Since comparable sources of odor (restaurants and traffic
vehicle) already exist in the project area, the proposed project will not introduce
new types of odors into the project vicinity. Exhaust will be emitted from
construction vehicles, primarily during the grading phase, but these are short-term
and are not considered significant. Long-term operation of the project will result
in generating odors from vehicle and truck exhaust. However, these impacts fall
below a significance threshold, therefore, these impacts are considered less than
significant. No additional mitigation measures are required.
IMPLEMENTATION AND VERIFICATION
Public Works and Planning staff shall review this development project.
COMPLIANCE RECORD
When Required: The verification shall be completed prior to project approval.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
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V.
AIR OUALITY
a) Dust will be generated during the grading of the site and construction of the
restaurant with the drive-thru. The grading & construction activity will comply
with the following mitigation measures:
. Grading and construction will be performed in accordance with Southern
California Air Quality Management District (SCAQMD) Rules 403 & 402
in reducing short-term air pollutant emissions.
. Comply with Rule 403 for fugitive dust control measures during grading
and construction activities.
. Comply with Rule 402 for dust suppression techniques to prevent fugitive
dust from creating a nuisance off-site.
. The applicant will also be required to comply with the Public Works
Division Standard Requirements for grading and dust control.
Compliance with SCAQMD Rules 402 & 403 and Public Works Division,
standard requirements will ensure that potential erosion of soils will remain less
than significant.
IMPLEMENTATION AND VERIFICA TJON
Public Works and Planning staffshall review this development project.
COMPLIANCE RECORD
When Required: The verification shall be completed prior to project approval.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
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VI.
TRANSPORTATION/CIRCULA TION
a) The proposed project is consistent with the Hub Environmental Impact Report
(EIR) traffic impact analysis (Analysis) prepared by LSA on January 20,2001. A
copy of the Hub EIR is available at City Hall at the third floor Planning Office.
The Analysis studied included but not limited to the following intersections:
. Tippecanoe Avenue and Hospitality Lane
. Tippecanoe Avenue and Laurelwood Drive
. Tippecanoe Avenue and Rosewood Drive
. Tippecanoe Avenue and I-JO Westbound Ramps
. Tippecanoe Avenue and 1-10 Eastbound Ramps
. Anderson Street and Redlands Boulevard
Based upon the Hub EIR Congestion Management Program Traffic Impact
Analysis mitigation measures, the proposed project will result in a less than
significant increase in traffic volumes on the roadways or intersections. No
additional mitigation measures are required.
Additionally, the City Traffic Engineer has reviewed the proposal and has
determined that the land dedication of 6 feet on Tippecanoe Avenue is adequate,
and that additional vehicle trips resulting from the proposed project will not cause
any significant impact pursuant to the traffic Hub EIR Traffic Analysis and a
traffic study is not required (Attachment B).
t)
The project will result in a less than significant increase in safety hazards to
vehicles, bicyclists or pedestrians. There is a low probability that the proposed
project would have any safety impacts either during the construction or
operational phase since the majority of the construction will be on-site. During
the construction period, safety hazards may occur on Rosewood and Tippecanoe
A venues when improvements are installed (curb cuts, pavement, etc) which could
temporarily affect traffic safety. Such hazards can be managed by using
appropriate traffic management tools. To mitigate this potential impact, the
following measure will be implemented:
. For periods when construction activity encroaches onto the surrounding
roadways (Rosewood and Tippecanoe Avenues), the developer shall
implement a traffic management plan approve by the City that specifies
the equipment, manpower and other materials that will be utilized to
ensure that potential hazards are minimized and safety of vehicle,
pedestrians and bicycles is ensured.
IMPLEMENTATION AND VERIFICATION
Public Works and Planning staff shall review this development project.
e
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COMPLIANCE RECORD
When Required: The verification shall be completed prior to project approval.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
e
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x.
NOISE
a, b)
The construction of the proposed project will not result in significant noise
impacts. The project site is located in a commercial area, with motel, gas station
and adjacent a major noise source 1-10 Freeway off ramp. These uses are not
considered sensitive receptors, and will not require mitigation. However, in order
to ensure that the noise impacts associated with the construction will not impact
the more sensitive evening and night time hours, the construction activity shall be
limited to daytime hours only and therefore reducing the construction noise to a
less than significant level. The applicant shall comply with the following
mitigation measures:
. All construction activities shall be limited to the hours of 7 am to 7 pm,
Monday through Friday.
. All construction vehicles shall have mufflers and be maintained in good
operating order at all times. No vehicle repair shall be permitted at the
project site.
. All trucks waiting to be loaded or unloaded with construction material
shall not be left to idle for more than 10 minutes.
. During construction, best efforts should be made to locate stockpiling
and/or vehicle staging areas as far as practicable from existing residential
dwellings.
. Construct an 8- foot high decorative sound block wall as shown on the site
plan.
. The speaker boxes shall be maintained so that sound is not audible at the
property line.
IMPLEMENTATION AND VERIFICATION
Public Works and Planning staff shall review this development project.
COMPLIANCE RECORD
When Required: The verification shall be completed prior to project approval.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
lU"^
A""~~ME~T q 'C;O -='\\I7r2
STATE OF CALIFORNIA-llUSINESS, TRANSPORTATION ANO HOUSING AGENCY , :)) w j \.0 LS U \!.J LE5
GRAY DAVIS. Governor
! i J
SD' 2 0 2002
~
DEPARTMENT OF TRANSPORTATION
_STRICT 8
4 W Fourth Street, 6111 Floor MS 726
an Bernardino, CA 92401-1400
PHONE (909) 383-6327
FAX (909) 383-6890
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,;.. 1 )c ~/~N BERNARDINO
'l,v"LOPMENT SERVICES
DEPARTMENT
September 18, 2002
08-SBd-1O-PM 26.272 +/-
Mr. Aron Liang
Development Services Department
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Dear Mr. Liang:
Wendv Restaurant. CUP No. 02-10 & Variance No. 02-07
We have received the request for comment for the above referenced project. This project
proposes to construct a 2,903 square foot fast food restaurant with a drive-thru on a 0.61-acre
site. The project is located at the northeast comer ofI-l 0 westbound off-ramp and Tippecanoe
A venue in the city of San Bernardino.
Using the information provided, we are not able to determine the potential impact to the State
transportation facility. Given the proximity of the project to 1-10, the proposed site grading and
drainage construction may have a direct impact upon the existing freeway slopes and nearby
drainage facilities. Prior to issuance of construction permits, please forward copies of site
grading and drainage plans when available so that we may determine the extent of project impact
to the adjacent State right-of-way. If during review a direct impact to State facilities is
identified, issuance of a Caltrans encroachment permit will be required prior to construction
within State right-of-way.
If you have any questions regarding this letter, please contact Mr. Kee T. Ooi at (909)-383-4149
for assistance.
Sincerely, I
) ,^ V' -
~~,l j CM )'-e~
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LINDA GRIMES, Chief
Office ofForecastinglIGR-CEQA Review
Transportation Planning Division
cc: Frank Haider, Office Chief, Encroachment Permit
8-16-02; 4:23PM;
;97992894 . 1/ 1
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I.
CITY OF SAN BERNARDINO DEVELOPMENT SERVICES D'RPAR'rMRJI{[
300 NORTH "D" STREET, SAN BERNARDINO, CA 92418 . (909,);.~&~ ~ n 'ij j, -;"." .
ATl'N: ARON LIANG, ASSOCIA'l1l PLANNKK I i'~~ . ".. .." ..,
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AGENCY COMMENT SBEETI.'\.. 'J.l2 5 2Wl
Jab' 33, :zGll1
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PROJECT: CondldoDBl Use Permit No. 02-10 " Variance No. 02-07 - InitIal Study
DESCRIPTIONILOCATION: A request for a Conditional Use Permit to construct and operate a
2,903 square foot fast food restaurant with a drive-thru on a .61 acre site. Also, a request for a
Variance to allow IS parking stalls to be located in the lllDtl'lCape setback buffer area. The project is
located on the southeast comer of Tippecanoe and Rosewood Avenues, also known as 1973 S;
Ti e Avenue in thc CG-l, Commercial General land use district.
This applicalion has been fi1cd with tile City Development Services DcpartmcDt. PlCIll5C review 1bc CIICloscd
information and return this sheet with your coDlllll:ll1s and/or IeOO''''I'''1Idations within 21 days of receipt of
this form. If we receive no COIIIIDCDt, we will USIIIDC DO concerns. Keep the aUacmr-t for your file8 if
you so desire. Ths project is sdletluWl for II preliminaly rePinv with the DRC at 9 fl.m. Oil A1IpsIn,
2002.
The following recommendations apply to the above referenced item(s):
f'4rt(/~MJ.lf~:4 or~~
Agency (!;[;j;)<<j RP.D
Post-It" Fax Note
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Phone .
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SEP-16-02 MON 2:08 PM 20301_SW_B1RCH_ST._NB_CA
FAX NO, 949 261 6064
p,
A~ME~ H
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JOHN DE FRENZA. ARcurrr.Cr
"'-1-
September 16,2002
City of San Bernardino, Planning ~ivision
Aaron Liang
300 North "0" Street
San Bernardino, CA 92418
Dear Aaron,
Please find our responses to our request for Variance Findings:
Responses to Variance Findings, See 19.72.050
1. The property is encumbered by strcet conditions on three of its four sides. As a result of
the adjacency to the Interstate 10 Off-Ramp on the South side of the property and the
dedication of6' of frontage at Tippecanoe Avenue, the required 25' Landscape Buffer
along the South side is to be deemed unnecessary. The portion of the property along the
off-ramp is to be treated as a rear property setback, requiring a much smaller parking
setback. The reduction of parking setback area along the side property frontage
(Tippecanoe Avenue) is necessary to make up for property lost to accommodate the
existing center median in the street as well as possible future widening of the street.
2. Other property that is not adjacent a freeway off-ramp is allowed to locate parking closer
to the rear property line, resulting in more area to build upon. This parking variance will
allow 6 parking stalls and a portion of the drive to extend into the 25' setback area.
3. No other uses will be materially affected by the granting of this variance, there are no
uses on the south side of the property other than the Interstate 10 off-ramp, which is itself
vehicular traffic. A planted hedgerow and new trees to screen the headlights of on-site
parked vehicles will protect the off-ramp traffic from the potential of glaring headlights
and will enhance the frontage of the property. The percentage of landscaping provided
on the properly substantially exceeds the minimum requirements ofthe local code.
4. Special privileges inconsistent with the limitations upon other properties in the vicinity of
this property and land use district are not being granted, the encumbrance of the off-ramp,
the center median and the third street establish the necessity of the granting of the
variance to bring this property back to balance with other development opportunities
offered other properties.
5. The use or activity is not influenced or affected by the granting of the parking variance. A
Conditional Use Permit for the use is already required and is part of the current review of
this project.
6. The General Plan remains in tact and is not modified by the granting of this variance. The
parking variance will bring this property to balance with other properties that are not
10jOl SW Birch S"..., Sui/.IOIE. N..p<</ BNCh. California 91660
Phon. (919) 16).8805 Fax (919) 161-8(Jjj
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SEP-16-02 MON 2:09 PM 2030UUIRCUT. NB CA
FAX NQ 949 261 6064
P. 2
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JOliN ()HREN7A.ARClln'[CT
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encumbered by having frontage on three streets. This type of encumbrance significantly
reduces the development of this property by the strict application of the parking setbacks
on all three sides, therefore the design submitted keeps the parking setback intact on
Rosewood Avenue (the only public street entry point) and only slightly modifies the
frontage setback along Tippecanoe Avenue, and looks to mitigate the third setback
requirement where the type of use affeeted is only vehicular traffic.
Please advise me if you need more clarity on any of the above responses, we will do our best to
respond.
Cc: Mark Sandoval, property owner
Nick Rice, Wendy's International
20301 SW. Birch_~ SuIl.IOIE. N."p'" Boach. C.lif""'W 91660
Ph... (94P) 26/-8805 Fax ('UP) 261-8053
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9-16-02;
"64P""STEWARD " ASSOC A-n-,..,C.~\JtE~ :1:03350338
# 2/ 2
MARK DEVELOPMENT INC
September 13,2002
Mr. Hamid Navran
Dcuny's
1185 E. Rosewood Dr.
San Bernardino, CA 92408
.
Re: Reciprocal Parking
Dear Hamid:
.,
As property 0WIICt and operator of the Denny's restaurant located at 1185 E. Rosewood
Drive, San Bamardino, California, hereby agree to allow reciprocal CIJStOma" perIciJIg
between Denny's and the proposed WCDdy's (to the irnmP1liate west of Denny's).
1, Mark Sandoval, am Managing Member of the ownership of the WeDdy's property,
t1wuc have the authority in beha1f of the OWJICI'Sbip, Madison Louise Company u.c,
. to authorize reciprocal perking.
Acknowle<i8"'~ below by both petties.
Best regards,
AGREED:
lIa'ftall
mes
1265 W. Colton Ave. RedIInda. CA 92374
909-335-0330 Fax 909-33&-0338
Exhibit 4
city of Sail Bmlardillo
Devdoyment services
D~partlllellt
A\'O a.
Application for Appeal
APPEAL FROM A DECISION OF THE (check one)
o Development Services Director;
~evelopmentlEnVironmental Review Committee; or
/'- Planning Commission
Case number(s): Q. f{; ;{ ('11'1 Q
Appellant's name:
11
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to? - .:s 3>.5""""'0330
Contact person's name: J21J ~~t.J
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oz -0;7
Project address:
Appellant's address:
Appellant's phone:
Contact person's address:
~.
Q6cVe
Contact person's phone:
Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form
within 15 days following the final date of action, accompanied by the appropriate appeal filing fee.
Appeals are normally scheduled for a determination by the Planning 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 appeall1earing.
Date appeal filed:
Received by:
(OJ rncsrnowrn fn)
UU NOV 05 2002 L0
C!~ FF. SAN BERJIIAROINO
t,;.; Vc.uPMENT SERVICES
DEPARTMENT
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J;'/- ~ c;f It' " ~I ~;t5. /., ~ t?f ./ (, /~/
OFFICE USE ONLY
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5/1101
REQUIRED INFORMA nON FOR AN APPEAL
Specific action being appealed and the date of that action:
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Action sought:
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Additional infonnation:
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CITY GF i'\N BIiRN'.ROIN2
JEVEt.OPMENT SERVICES
DEPPRTMENT
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Signature of appellant:
"
Date: //I~L
2
5/1/01
Appeal No. 02-07
December 16, 2002
Exhibit 5
I-I0/Tippecanoe Avenue Alternatives Summary
In accordance with the recently adopted Project Study Report (PSR) signed by Anne Mayer,
Caltrans District Director, dated August 27, 2002, there are four approved alternatives for the
Tippecanoe Avenue and Interstate 10 interchange as follows:
Alternative I - No-Build. This alternative would leave the I -10 Interchange and Tippecanoe
A venue as they current exist.
Alternative 2 - This alternative provides for the addition of a new West Bound loop on-ramp
from Tippecanoe A venue and replacement of the existing West Bound off ramp with a new West
Bound off-ramp. In addition, a new East Bound on/off ramp to a realigned Redlands Boulevard
and new Evans Street connection will be provided. (See Alternative 2 layout - Attachment E-IA
& E-IB.)
Alternative 3 - This alternative provides for the addition of a new West Bound loop on-ramp
from Tippecanoe Avenue and replacement of the existing West Bound off ramp with a new West
Bound off-ramp. There will also be reconfiguration of the East Bound off-ramp at Tippecanoe
A venue to provide access to the new Evans Street connection. In addition, a new braided East
Bound on-ramp from Waterman Avenue is also proposed. (See Alternative 3 layout - Attachment
E-2A & E-2B.)
Alternative 4 - This alternative provides addition of an "offset diamond' interchange with all
four ramps converging to one point north of existing 1-10. This alternative involves 1-10
mainline realignment, a new mainline bridge at Tippecanoe Avenue and additional mainline
bridges for ramps to cross under mainline 1-10. (See Alternative 4 layout - Attachment E-3A &
E-3B).
In accordance with the City Traffic Engineer, Caltrans has made no decision to select the
preferred design alternative. Recently, Caltrans is in the process to formulate an independent
Value Analysis Team (V AT) for the purposes to reevaluate and reexamine the four approved
alternatives as presented in the PSR. Presently, all alternatives are considered viable since no
preferred design alternative has been selected by Caltrans. At the same time, should V AT find
the adopted alternatives illustrated in the PSR unfeasible, V AT may recommend its own
alternatives altogether. A copy ofthe PSR is available in the Traffic Engineering Division for the
public to review.
Additionally, based on Alternative 4 above (Attachment E-3B), it is anticipated that the 1-10
Freeway Off-ramp could be expanded and improved at a later date. In terms of long-range
planning, the granting of the variance to allow parking within the 25-foot landscape setback
could directly result in negative financial impacts for the restaurant. Furthermore, the acquisition
process could hinder the City's ability to take the necessary lands to facilitate the 1-10 Freeway
Off-ramp improvements. Also, since vehicular access would be restricted for "right in fright out"
Appeal No. 02-07
December 16, 2002
on Tippecanoe & Rosewood Avenues, vehicular traffic flow to the site would be extremely
limited.
-1-IO-KI'40.7/43.9 (PM 25.3127.2)
EA 448lOK
AUGUST, 2002
PROJECT STUDY REPORT
(Project Development Support)
Exhibit 6
This document can be used to program only the Engineering and Environmental Support for Projcct Approval and
Environmental Document component. The remaining support and capital components of the project are preliminary
estimates and are not suitable for programming purposes. Either a Supplemental PSR or a Project Report will serve as the
programming document for the remaining support and capital components of the projcct.
Vicinity Map
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SUBMITTED BY: ~~ \V
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Exhibit 7
REVISED FINDINGS OF FACT - VARIANCE NO. 02-07
I Are there special circumstances applicable to the property, including size, shape,
topography, location or surroundings, such that the strict application ofthis Development
code deprives such property of privileges enjoyed by other property in the vicinity and
under identical land use district classification?
Yes, the site consists of an existing lot of record that has a trapezoid shape which makes it
an irregularly shaped parcel ofland. Most existing lots ofrecord are either square or
rectangular in shape, making it easier to comply with Development Code requirements. In
addition, the freeway is elevated at this location and the additional Freeway Corridor
Overlay setbacks for both the building and landscaping would not be noticeable to
freeway travelers.
2. Is the granting of the Variance necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and land use
district and denied to the property for which the Variance is sought?
Yes, granting of the variance is necessary for the preservation and enjoyment of a
property right possessed by other property in the same vicinity. The freeway 25-foot
landscape setback and the freeway 50-foot building setback line requirements would
create unnecessary hardship conditions for the applicant. The Freeway Corridor Overlay
District requirements will result in less area for the applicant to build upon.
3. Will granting the Variance be materially detrimental to the public health, safety, or
welfare or injurious to the property or improvements in such vicinity and land use district
in which the property is located?
No, granting the Variance would not be detrimental to the public health, safety or welfare
to the property or improvements in the vicinity in that all on-site construction activities
will be in conformance with all applicable City requirements. A condition of approval
requires the applicant to provide additional landscaping along the freeway side to mitigate
and screen the headlights of on-site drive-thru traffic. The applicant must also obtain
permits from Caltrans for any work conducted in or on the State's right-of-way.
4. Will granting the Variance constitute a special privilege inconsistent with the limitations
upon other properties in the vicinity and land use district in which such property is
located?
No, granting the variance would not constitute a special privilege inconsistent with the
limitations upon other properties in the vicinity and land use district. Other commercially
designated properties in the Freeway Corridor Overlay District that have irregular shaped
parcels would be able to apply for a Variance under similar conditions.
r
Appeal No. 02-07
December 16, 2002
5. Will granting the Variance allow a use or activity which is not otherwise expressly
authorized by the regulations governing the subject parcel?
No, granting the Variance will not allow a use that is not otherwise permitted in the CG-
I, Commercial General land use district. Fast food restaurants with drive-thrus are
permitted in the CG-I, Commercial General land use district, subject to approval ofa
Conditional Use Permit. A Conditional Use Permit is under consideration with this
Variance request.
6. Will granting the Variance be consistent with the General Plan?
Yes, General Plan Objective 1.19 states: "Provide for the... new development of retail,
personal service, entertainment, office and related commercial uses along major
transportation corridors and intersections to serve the needs of the residents; reinforcing
existing commercial corridors and centers and establishing new locations as new
residential growth occurs."
The applicant believes that a fast food drive-thru restaurant at this location will serve the
needs of the residents and the traveling public. The applicant has sited the structure so
that it is integrated with the surrounding commercial businesses in the area. A condition
of approval has been added requiring the applicant to screen and cover the refuse
enclosure area, consistent with the architecture of the main building.
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.ci.san-bernardino.ca.us
'"
December 18, 2002
Mr. Mark Sandoval
111 N. 5th Street, No.8
Redlands, CA 92373
Dear Mr. Sandoval:
At the meeting of the Mayor and Common Council held on December 16, 2002, the following
action was taken relative to the appeal of the Planning Commission's determination regarding
Conditional Use Permit No. 02-10 and Variance No. 02-07:
That the hearing be closed; and that the Mayor and Common Council grant the
appeal and approve Conditional Use Permit No. 02-10 and Variance No. 02-07,
based on the Revised Findings of Fact (Exhibit 7) and subject to the Conditions
of Approval and Standard Requirements (Exhibit 3, Attachments C and D).
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely, ~
~h.
Rachel G. Clark, CMC
City Clerk
RGC:lls
cc: Development Services
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
..
t___-
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.
.
OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO
TO:
JAME!S F. PE!NMAN
Mayor Judith Valles and Council Members CITY ATTORNCY
FROM:
Henry Empeiio, Jr., Senior Deputy City Attorney #f:.-
December II, 2002
DATE:
RE:
Agenda Item No. 29, December 16, 2002 Council Meeting
Appeal of Planning Commission Determination - Conditional Use Permit No.
02-10 and Variance No. 02-07. Proposed Wendy's Restaurant at the Southeast
Corner of Rosewood and Tippecanoe Avenues.
\Ve advise the Mayor and Common Council that if the Council wishes to approve the CUP
and Variance, that Motion No.2 on the Agenda should be adopted as follows:
"That the hearing be closed; and that the Mayor and Common Council grant
the appeal and approve Conditional Use Permit No. 02-10 and Variance No. 02-07,
based on the Revised Findings of Fact (Exhibit 7) and subject to the Conditions of
Approval and Standard Requirements (Exhibit 3, Attachments C and D)."
San Bernardino Nlunicipal Code (Development Code) Chapter 19.72 regulates the granting
of V ariances. Section 19.72.0 I O( I) states that: "Variances from the terms ofthis Development Code
shall be granted only when, because of special circumstances applicable to the property, including
size, shape, topography, location or surroundings, the strict application of this Development Code
deprives such property of privileges enjoyed by other property in the vicinity and under identical land
use districts." This same requirement is repeated in Section 19.72.050 as one of the six Findings
which must be made in order to grant any Variance. This ordinance is also virtually identical to state
law in Government Code Section 65906, which regulates when Variances from zoning ordinances
may be granted by general law cities.
The developer has applied for three Variances:
1. Allow parking within the freeway 25 foot landscape setback;
2. Allow a refuse enclosure within the freeway 25 foot landscape setback; and
3. Allow a portion of the building (freezer unit) within the freeway 50 foot building
setback.
HE/cj[MayorVS.m,m] 4'A~ '. ~
1'7'k/t7,L
300 NORTH "0" STREET. SAN BERNARDINO, CA 92418-000 1 . (909) 384-5355 . FAX (909) 3>,,:.?~~13
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Memo to Mayor Judith Valles & Council Members
December ] ], 2002
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The Planning Commission granted the second and third requests, but denied the Variancerequestina
that parking be allowed within the freeway 25 foot landscape setback. The developer's appeal ofth~
Planning Commission's decision places all three Variances and the project approval (CuP) before
the Mayor and Common Council for a de novo decision
At the Planning Commission meeting, we advised the Commission that they Could not make
the factual findings to support any of the three Variances. The Planning Division's justification, that
this parcel was subdivided prior to the City's adoption of the freeway setback requirements in 1991,
was not a special circumstance applicable only to this property, but applied to almost all parcels in
the City located within the Freeway Corridor Overlay District. The shape of the subject parcel was
not considered at the Planning Commission meeting.
After reviewing the facts further with Planning Division staff, we advise the Mayor and
Common Council that the trapezoidal shape (a quadrilateral figure with two parallel sides) of the
parcel is a special circumstance applicable to this property Upon which the Findings can be made to
support the granting of all three Variances. This trapezoidal shape makes this an irregularly shaped
parcel of land where most lots in this vicinity are either square or rectangular in shape. Planning
Division Staffhas informed us that the majority of the existing parcels in the City are either square
or rectangular in shape. The unusual shape of a parcel of land has been considered as the special
circumstance supporting the granting of a Variance by the Planning Commission on only a few
occasIOns.
There exists other facts which in equity support granting the three Variances. Although the
developer proposes to reduce the freeway 25 foot landscape setback to an average of three feet, the
developer's plans show total on-site landscaping at 21 % of the parcel, which far exceeds the
Development Code requirement of 15%. In addition to the landscaping in the freeway setback area
provided by the developer on this parcel, Caltrans has landscaped a ten foot wide strip between the
subject parcel and the freeway off-ramp to the south. Also, the freeway at this location is elevated
and the setback would be from the off-ramp. The developer has designed this project such that
people traveling westbound on Interstate lO will see trees surrounding the project site.
cc: James F. Penman, City Attorney
James Funk, Director of Development Services
Valerie Ross, Principal Planner
HElcj[MayorVS.memJ
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