HomeMy WebLinkAbout37-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Dept: Development Services
Subject:
Appeal of the Planning
Commission denial of
Conditional Use Permit No. 02-
01 - establislnnent of an indoor
retail concession mall and pre-
owned car sales lot at the
southwest comer of"E" Street
and S. Mall Way.
Date: July 1,2002
o [;-j' :, ,',,',: L
MCC Date: July 15, 2002
Synopsis oCPrevious Council Action:
None
Recommended Motion:
That the hearing be closed, and the Mayor and Common Council grant the appeal based on the
Findings ofF act (Exhibit 2), subject to the Conditions of Approval (Exhibit 6) and Standard
Requirements (Exhibit 2)_
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Contact Person:
Valene C. Ross
Phone: 384.5057
Supporting data attached: StaffReDort
Ward: 3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
Finance:
Council Notes:
Agenda Item No.
37
7/IS /br
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Appeal of the Planning Commission denial of Conditional Use Permit No. 02-01
and Lot Line Adjustment No. 02-01 - establishment of an indoor retail concession
mall and pre-owned car sales lot at the southwest corner of "E" Street and S. Mall
Way in the CG-l, Commercial General land use district.
Mayor and Common Council Meeting of July 15,2002
Owner! Applicant:
Jose Jara
741 S. Allen Street
San Bernardino, CA 92408
909.890.0123
Architect:
Joe Ramos
2075 N. 1st Avenue
Upland, CA 91784
909.981.3171
REQUEST: The applicant is requesting that the Mayor and Common Council approve his
request to establish an indoor retail concession mall in the vacant Toys R Us building and a used
car sales lot at the adjacent, vacant bank building. Both properties are located on S. "E" Street,
south ofthe S. Mall Way entrance to Inland Center Mall. (Exhibit 1)
BACKGROUND: At its meeting of June 4, 2002, the Planning Commission expressed concerns
and continued the item so that staff could prepare Findings of Fact to support denial. Staff
prepared the findings, as requested, but also submitted revised Conditions of Approval that
addressed the concerns raised by the Planning Commission. (Exhibits 2 and 3)
After considerable discussion and input from members of the public and the City Attorney, a
motion to deny Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01 failed on
a 3-5 vote. Commissioners Coute, Durr, and Sauerbrun voted in favor ofthe motion to deny;
Commissioners Enciso, Lockett, Morris, Thrasher, and Vasquez voted against the motion. The
Planning Commission continued their discussion and a motion to deny the project passed
unanimously. Commissioners Coute, DUIT, Enciso, Lockett, Morris, Sauerbrun, Thrasher, and
Vasquez voted in favor of the motion for denial.
The applicant's appeal is Exhibit 4, and Exhibit 5 is a brochure submitted by the applicant. In his
brochure, Mr. Jara expands on the proposed project, and provides information on his background
and experience.
FINANCIAL IMPACT: None. The applicant paid the application and appeal fees.
RECOMMENDATION: Staff recommends that the Mayor and Common Council grant the
appeal and approve Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01 based
on the Findings of Fact (contained in Exhibit 2), subject to the Conditions of Approval (Exhibit
6) and Standard Requirements (Exhibit 2).
Exhibits:
1
2
3
4
5
6
Location Map
June 4, 2002 Planning Commission Staff Report
June 18,2002 Planning Commission Report
Applicant's Appeal
Applicant's Brochure
Conditions of Approval
.
.
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EXHIBIT 2
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No. 02-01 and Lot Line Adjustment 02-01
1
June 4, 2002
3
OWNER:
Jara Holding Second, LLC
741 South Allen Street
San Bernardino, CA 92408
909-890-0123
APPLICANT:
Jose J. Jara
741 South Allen Street
San Bernardino, CA 92408
909-890-0123
REQUESTILOCATION:
A request to establish a an Indoor Retail Concession Mall and Auto Sales Facility on a 4.1 acre
parcel with the proposed re-use ofthe two existing structures, located at the southwest comer of
E Street and South Mall Street (998 and 1094 S. "E" Street) in the CG-l Commercial General
land use district. The Lot Line Adjustment will redefme the existing lot lines, which form two
existing parcels, resulting in two lots.
CONSTRAINTS/OVERLAYS:
Ii'l None
ENVIRONMENTAL FINDINGS:
o Not Applicable
Ii'l Exempt, Section 15301, Existing Facilities
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
Ii'l Approval
Ii'l Conditions
o Denial
o Continuance to:
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Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4, 2002
Page 3
FINDINGS AND ANALYSIS
CONDITIONAL USE PERMIT
1. Is the proposed use conditionally permitted within, and would not 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, a Conditional Use Permit is required for both the proposed Automobile Sales and
the proposed Indoor Retail Concession Mall. The Automobile Sales complies with
provisions of Development Code Section 19.06.030.2.D. The applicant has indicated that
no vehicle servicing or repairs will be conducted at this site. The Indoor Retail
Concession Mall complies with provisions of Development Code Section 19.06.303.2.1.
The proposed uses comply with all applicable provisions of the Development Code and
General Plan as shown in Table A below:
Develooment Code/General Plan Conformance
CATEGORY PROPOSAL GENERAL
DEVELOPMENT CODE PLAN
Permitted Use Auto Sales, and Permitted subject to N/A
Indoor Retail Concession Mall Conditional Use Permit
Existing Building
Height Single Story 2 story 2-story
Aooroximatelv 32 feet max. ' 3D-feet 3D-feet
Setbacks Existing conditions
- Front (E Street) 7 feet min, ' 10 feet N/A
- SidelRear 2 feet o feet N/A
- Side Street 7 feet min.' 10 feet
Landscaping Existing condition
15.7% of parking area 15% of the surface parking area N/A
22,403 SF 21,344 SF
Lot Coverage Existing Condition N/A
20% 50%
Parking
- Standard 227 spaces' 229 spaces N/A
- Handicap 5 spaces 5 spaces
Minimum Site Area
- Auto Sales 33,638 SF (Parcell) 15,000 SF N/A
- General Comm 145,884 SF (Parcel 2) 10,000 SF
, See discussion regarding Nonconforming Structures.
Section 19.62.020(8) of the Development Code contains provisions applicable to the reuse of
existing nonconforming structures andlor sites. The applicable provisions are addressed as
follows:
Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4. 2002
Page 4
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A. Landscaping shall be upgraded and maintained in a viable growth condition and
irrigated in compliance with Section 19.28.030(10).
All existing landscape and planter areas will be upgraded with viable plant material
and irrigation as portrayed on the Site Plan.
B. The parking lot landscaping shall be a minimum of 15% ofthe required parking lot
area. However, if it is physically impossible to meet the minimum requirement the
Director may approve a reduction in the amount of landscaping required. No
landscape improvements are required in areas not visible and/or accessible to the
public.
The proposed project will provide landscaping within existing planters and setback
areas for a total of 21, 344 SF, which is 15.7% of the existing parking lot area.
However, due to the existing improvements on the site, the front setbacks along E
Street and South Mall Street will be maintained at 7- feet, rather than the current code
requirement of 10- feet.
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C. Existing required parking spaces shall not be removed to provide additional
landscaping.
Existing parking spaces on-site currently total 256, however, 29 of those spaces will
be reserved for Auto display area, therefore 227 spaces are intended for customers
and employees of both business. The Code requirement is 11 spaces for the Auto
sales facility, and 218 for the discount mall for a total of 229.
The Director has determined that the proposed auto sale facility and the discount mall
are suitable uses for the site, and that the provision of 227 parking spaces (including 5
for handicap use) is adequate for the function of the site due to the existing facilities at
the site, and that a reduction of 1 % in the required parking will not negatively effect the
function ofthe intended uses.
J. A nonconforming structure may be reoccupied without complying with the building
dimensional requirements pertaining to height, setbacks and/or lot coverage. All other
requirements ofthe Municipal Code, including but not limited to provisions of this
chapter, shall apply to the reoccupancy of the structure.
Architectural elements of the building proposed for use as a discount mall are
approximately 2 feet taller than Code requirements for uses in the CG-l land use district.
However, the structure is appropriate for the proposed use and the variation in height of
the existing architectural fenestrations will not be detrimental to the CG-l land use
district or the proposed use.
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Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Dote: June 4. 2002
Page 5
2.
Is the proposed use consistent with the General Plan?
Yes, the proposal is consistent with the General Plan goals, objectives, and policies as
follows:
General Plan GoallA states: Provide for the continuation and development of
sufficient land uses to serve the. . . commercial. . . needs of the existing residents
and population growth.
General Plan GoallB states: Provide employment opportunities for existing and
future residents of the City and those of adjacent communities.
General Plan Objective 1.2 states: Provide for the continuation and development
of land uses, which offer a minimum of27, 000 new employment opportunities.
General Plan Goal I G states: Achieve a pattern and distribution of land uses
which. . . b). allow for infill and recycling of areas at their prevailing scale and
character; and c) provide for the revitalization, adaptive reuse, and upgrade of
deteriorated. . . districts.
General Plan Policies 1.7.16 and related Policy 1.19. II state: Allow for the
continuation and development of new and used car dealerships in all General
Commercial areas (except Specialty and University-related areas) along major
and minor arterials, with a Conditional Use Permit.
General Plan Policy 1.19.10 states: Permit a diversity of community-serving retail
and service uses. . . in areas designated as "Commercial General" (CG-1).
General Plan Policy 1.19.35 states: Require that adequate vehicular and service
flows are provided between individually developed parcels.
The proposed uses will promote and implement these General Plan Goals, Objectives,
and Policies. The projects propose creative reuse of existing commercial structures - the
structure previously used as a bank is proposed as offices related to automobile sales; and
the previous TOYS R US store is proposed to be utilized as an indoor retail concession
mall. The proposed project will provide both employment and small business
opportunities for local residents, and in addition, automobile sales uses are specifically
encouraged in the CG-I district along major and minor arterials, such as E Street. Both
the automobile sales and the indoor retail concession mall add to the diversity of
commercial and services business in the area.
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?
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Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4. 2002
Page 6
Yes, the project is exempt from CEQA under Section 15301, pertaining to the use of
Existing Facilities.
4. Are there potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored?
No, as identified in Finding No.3 above, the project represents the reuse of two existing
buildings and associated site improvements. The proposed uses are expected to generate
similar traffic patterns as the previous uses for which the site was originally developed.
5. Are the location, size, design, and operating characteristics of the proposed use
compatible with the existing and future land uses within the general area in which
the proposed use is to be located and will it create significant noise, traffic or
other conditions or situations that may be objectionable or detrimental to other
permitted uses in the vicinity or adverse to the public interest, health, safety,
convenience. or welfare of the City?
The proposed project is compatible with the area in which it is proposed.,and will be a
complementary land use to the surrounding retail commercial activities.
6.
Is the subject site physically suitable for the type and density/intensity of use
being proposed?
Yes, the site is physically suitable to the type and density/intensity of the uses being
proposed, as noted in the Project Description and compliance with provisions of the
Development Code and The General Plan as discussed in the staff report.
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?
All agencies responsible for reviewing access, and providing water, sanitation, and other
public services have had the opportunity to review the proposal through the City's
Development Review Committee and none have indicated an inability to serve the
project. The DRC recommended that the project review be forwarded to the Planning
Commission; and the proposal will not be detrimental to the public health and safety in
that all applicable Codes will be applied.
The location and size of the proposed projects are compatible with the area in which it is
located. The proposed Automobile Sales and the proposed Indoor Retail Concession
Mall are complementary to other retail and services uses along E Street.
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Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4, 2002
Page 7
LOT LINE ADJUSTMENT - Any adjustment may be filed pursuant to the provisions of
Development Code 9 19.48.110 to adjust the boundaries between 2 or more adjacent parcels
provided that the proposed adjustment does not:
i. Create any additional or fewer parcels;
The site is currently comprised of two parcels, which will be reconfigured to result in
same number of parcels.
2. include any parcels which are not legal as defined in the Municipal Code;
The proposed Lot Line adjustment does not include any parcels that are not legal parcels.
Each parcel created meets the minimum required area of 10,000 SF (15,000 SF for
automobile sales) as defined by the Development Code Table 06.01; Parcell is 33,638
square feet and parcel 2 is 145,884 square feet (3.3 acres).
3.
Impair any existing access or create a need for new access to any adjoining parcels;
The Lot Line Adjustment will not create the need for new access points into the site or
into the adjoining parcel. Currently the site is served by one drive approach from South
Mall Street and two drive approaches from South E Street. Reciprocal parking and
access agreements will be in effect for the two parcels to function, as they had with the
previous site tenants.
4.
Impair any existing easements or create a need for any new easements serving adjacent
parcels;
The use of the site incorporates blanket reciprocal access and parking easements for the
two uses to operate efficiently. This arrangement is a continuation of the existing
condition.
5. Require substantial alteration of any existing improvements to create a need for any new
improvements; and
The Lot Line Adjustment is being proposed in conjunction with an application for a
Conditional Use Permit for the re-use of two existing structures. The only site
improvement contemplated by the application is the establishment of landscaping within
the existing planter areas on the site. No improvements are required strictly as a result of
the proposed Lot Line Adjustment.
6.
Adjust the boundary between parcels for which a covenant or improvement requirement
has been recorded, and all required improvements stated herein have not been completed
unless the DRC determines the proposed adjustment will not significantly affect the
covenant of improvement requirements.
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Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4, 2002
Page 8
No known covenant for required improvements is applicable to the project site. The
proposed Lot Line Adjustment simply provides a more logical arrangement of site area
and parking spaces for the two proposed users at this time. The DRC recommended
approval of the LLA as well as the CUP on April 4, 2002.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of Conditional Use Permit No.
02-01 and Lot Line Adjustment No. 02-01.
RECOMMENDATION
Staff recommends the Planning Commission:
. Approve Conditional Use Permit No. 02-01and Lot Line Adjustment No. 02-01, based upon
the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval
(Attachment C) and Standard Requirements (Attachment D).
Respectfully Submitted,
~'f~
James Funk
Director of Development Services
Yafwj; (/, ~
Valerie C. Ross
City Planner
Attachment A
Attachment B
Attachment C
Attachment D
Location Map
Site Plan, Elevations, Landscape Plans
Conditions of Approval
Standard Requirements
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP 02-01 &
PLANNING DIVISION LLA 02-01
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 6/4102
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Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4. 2002
Page 11
ATTACHMENT C
CONDITIONS OF APPROVAL
Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
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:
June 4, 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 that 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
the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless
the City of San Bernardino (City), the Economic Development Agency (EDA), any
departments, agencies, divisions, boards or commissions 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 and the Economic Development Agency any costs
and attorney's fees which the City or the Economic Development Agency 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 section.
The costs, salaries, and expenses of the City Attorney and employees of his office shall
be considered as "attorney's fees for the purpose of this condition.
As part of the consideration for issuing this permit or approval, this condition shall
remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at
the request of the applicant.
4.
Construction shall be in substantial conformance with the planes) approved by the
Director, Development Review Committee, Planning Commission or Mayor and
Common Council. Minor modification to the planes) 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. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4. 2002
Page 12
a. On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
c. Reconfiguration of architectural features, including colors, and/or modification of
finished materials that do not alter or compromise the previously approved theme; and,
d. A reduction in density or intensity of a development project.
5. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or
no change of use of land 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. Specific areas are noted below for reference:
. Lighting - (Development Code Section 19.20.030.14) Exterior lighting shall be
energy efficient and shielded or recessed so that direct glare and reflections are
contained within the boundaries ofthe parcel, and shall be directed downward and
away from adjoining properties and public rights-of-way. No lighting shall blink,
flash or be of unusually high intensity or brightness. All lighting fixtures shall be
appropriate in scale, intensity, and height to the use it is serving. Security lighting
shall be provided at all entrances.
. Noise - (Development Code Section 19.20.030.15) No loudspeakers, bells, gongs,
buzzers, mechanical equipment or other sounds attention-attracting or communication
device associated with any use shall be discemable beyond any boundary line of the
parcel, except fire protection devices, and burglar alarms.
. Screening - (Development Code Section 19.20.030.21) Any equipment, whether on
the roof, side of structure, or ground shall be screened. The method of screening shall
be architecturally compatible in terms of color, shape, and size. The screening shall
blend with the building design and include landscaping when on the ground.
.
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Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4. 2002
Page 13
7.
Signage is not included in this permit. Permanent signage will require a separate permit
through the Development Services Department. Indoor Retail Concession Malls shall be
considered one tenant for purposes of the Development Code Sign Standards.
8. The applicant shall be responsible for posting of signs prohibiting litter and loitering with
management enforcing this and maintaining the area free oflitter and graffiti.
9. Exterior lighting shall be sufficiently and properly maintained to illuminate all areas of
the exterior of the building and property for easy detection of suspicious and criminal
activity.
10. If facilities for vehicle washing and/or detailing are provided at the Automobile Sales
site, the applicant shall install oil separators or other facilities capable of eliminating the
discharge of oils or chemicals from the site. Such facilities shall be sized to
accommodate the vehicle washing and detailing which will occur on the site, and shall be
submitted to the Public Works Division for review and approval within 30 days of
approval of CUP 02-01.
II. If the color of the building is to be modified, the revised color scheme shall be reviewed
and approved by the Planning Division prior to painting.
12.
This permit or approval is subject to the attached conditions or requirements of the
following City Departments or Divisions:
a. Development Services Department - Plan Check Division
b. Development Services Department - Public Works Division
c. Public Services Department - Refuse Division
d. Fire Department
e. Parks Recreation & Community Services Department
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ATTACHMENT "D"
CITY OF SAN BERNARDINO
Tenant Improvement Standard Requirements
Development Services/Plan Check Division
DRC/CUP/DP: CUP NO.02-01
DATE:02-14-02
Address: 998 & 1094 S. "E " STREET
When submitting plans for Building Plan Check, (4) four sets (5 if "expeditious review") offully
dimensioned scaled drawings (18"X 24" min) with the following information are required:
I. Site Plans - Show building location (vicinity map) and legal address.
2. HandicaDDed Accessibilitv - Show handicapped access route from public sidewalk, parking space
and within tenant space which includes restrooms, drinking fountains and public telephones.
3. Floor Plan - Show overall floor plans of building and indicate adjacent space, side yards, parking
areas, etc.
4. OccuDancv - Indicate type of occupancy and the proposed use of the improved area (i.e., retail
sales, woodshop, office, etc.)
5. TVDe of Construction - Indicate type of construction of the existing building (i.e., woodframe,
concrete tilt-up masonry, etc.)
6. Detailine - Show all existing and proposed walls, indicating which are the proposed. Also provide a
wall section detail showing stud size and type, plates, method of attachment at floor and ceiling or
roof, suspended ceiling detail, etc.
7. Doors - Show all door locations, fire-rating (if applicable), direction of swing, self-closing
mechanisms, etc.
8. Sinele Line Diaeram - Provide electrical single line diagrams and load calculation if new or
upgraded service is proposed.
9. Liehtine and Electrical Lavout - Provide lighting and electrical layout. Include panel schedule
with load calculations. Energy forms are required for the addition of new lights.
10. Plumbine - Plumbing plans may be required if any new plumbing is being proposed. Consult Plan
Checker.
300 N 'D' Street
909-384-5071 Office
San Bernardino CA 92418
909-384-5080 Fax
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II. Mechanical- Provide mechanical drawing showing location of existing and proposed registers,
location to HV AC equipment and duct locations and size. Energy forms are required when installing
a new system.
12. Enerl!V Compliance Forms - Provide Title 24 Energy Calculations for proposed Tenant
Improvement spaces involving conditioned space for new additions within a shell building.
Required forms would include calculations for the envelope, lighting and mechanical. Print
completed signed forms on plans.
13. Occupancy Reclassification - If there is any proposed change in use, the applicant shall state the
proposed use (i.e., from office to retail) and indicate square footage of affected areas.
14. Note - Approval from the following agencies may be required prior to permit issuance (Health
Dept., SCQAMD, Water Dept. for sewer capacity, Fire Dept., Water Reclamation Dept.)
Comments:
300 N 'D' Street
909-384-5071 Office
San Bernardino CA 92418
909-384-5080 Fax
1 _I'
T'To.,:'."
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO:
C.U.P. NO. 02-01 AND
L.L.A. NO. 02-01
DESCRIPTION: ESTABLISH THE INDOOR
DISCOUNT MALL AND AUTO SALES LOT
APPLICANT: JOSEJARA
LOCATION:_998 AND 1094 SOUTH "E" STREET
. NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is
responsible for submitting the Engineering plans directly to the Engineering Division. They
may be submitted prior to submittal of Building Plans.
1. Drainaae and Flood Control
a) All drainage from the development shall be directed to an approved public
drainage facility. If not feasible, proper drainage facilities and easements
shall be provided to the satisfaction of the City Engineer.
b) 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.
c) Applicant shall mitigate on-site storm water discharge sufficiently to
maintain compliance with the City's NPDES Storm Water Discharge
Permit Requirements. A "Notice of Intent (NOI)" shall be filed with the
State Water Quality Control Board for construction disturbing 5 acres of
more of land.
2. Gradina and LandscaDina
a) An on-site Improvement Plan is required for this project. Where feasible,
this plan shall be incorporated with the grading plan and shall conform to
all requirements of Section 15.04-167 of the Municipal Code (See
"Grading Policies and Procedures").
Page 1 of 5 Pages
7/1612002
1_,
"
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO:
C.U.P. NO. 02-01 AND
L.L.A. NO. 02-01
DESCRIPTION: ESTABLISH THE INDOOR
DISCOUNT MALL AND AUTO SALES LOT
APPLICANT: JOSEJARA
LOCATION:_998 AND 1094 SOUTH "En STREET
b) 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.
c) 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.
d) 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.
e) 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.
f) Where the handicap accessible path of travel crosses drive aisles, it shall
be delineated by striping or textured/colored concrete pavement.
g) A reciprocal parking and access easement and an easement and a
covenant running with the land that both parcels are jointly and severally
liable for maintenance shall be recorded prior to issuance of permits if
reciprocal drainage, access, sewer, and/or parking is proposed to cross
lot lines, or a lot merger shall be recorded to remove the interior lot lines.
Page 2 of 5 Pages
7/16/2002
I F1'lI.
STANDARD REQUI,R.EMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: DESCRIPTION: ESTABLISH THE INDOOR
C.U.P. NO. 02-01 AND DISCOUNT MALL AND AUTO SALES LOT
L.L.A. NO. 02-01
APPLICANT: JOSEJARA LOCATION:_998 AND 1094 SOUTH "E" STREET
h) 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.
i) The public right-of-way, between the property line and top of curb (also
known as "parkway") along adjoining streets shall be landscaped by the
developer and maintained in perpetuity by the property owner. Details of
the parkway landscaping shall be included in the project's on-site
landscape plan, unless the parkway area is included in a landscape
maintenance district, in which case, a separate landscape plan shall be
provided.
j) An easement and covenant shall be executed on behalf of the City to
allow the City to enter and maintain any required landscaping in case of
owner neglect. The Real Property Section for execution by the property
owner and shall ensure that, if the property owner or subsequent owner(s)
fail to properly maintain the landscaping, the City will be able to file
appropriate liens against the property in order to accomplish the required
landscape maintenance. A document processing fee in the amount of
$200.00 shall be paid to the Real Property Section to cover processing
costs. The property owner, prior to plan approval, shall execute this
easement and covenant unless otherwise allowed by the City Engineer.
3. Utilities
a) Design and construct all public utilities to serve the site in accordance with
City Code, City Standards and requirements of the serving utility,
including gas, electric, telephone, water, sewer and cable TV (Cable TV
optional for commercial, industrial, or institutional uses).
b) Utility services shall be placed underground and easements provided as
required.
Page 3 of 5 Pages
7/16/2002
'I ft r" , -~--~-~---,->~
~TANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO:
C.U.P. NO. 02-01 AND
L.L.A. NO. 02-01
DESCRIPTION: ESTABLISH THE INDOOR
DISCOUNT MALL AND AUTO SALES LOT
APPLICANT: JOSEJARA
LOCATION:_998 AND 1094 SOUTH "E" STREET
c) 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.
4. Street ImDrovement and Dedications
a) Construct Handicap Ramps in accordance with City Standard No. 205 at
all curb returns within and adjacent to the project site. Dedicate sufficient
right-of-way at the corner to accommodate the ramp.
b) 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.
5. Reauired Enaineerina Permits
a) On-site improvements construction permit (except buildings - see
Development Services-Building Division), including landscaping.
b) Off-site improvements construction permit.
Page 4 of 5 Pages
7/1612002
--T-
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO:
C.U.P. NO. 02-01 AND
L.L.A. NO. 02-01
DESCRIPTION: ESTABLISH THE INDOOR
DISCOUNT MALL AND AUTO SALES LOT
APPLICANT: JOSEJARA
LOCATION:_998 AND 1094 SOUTH "E" STREET
6. Aoolicable Engineerina Fees!
a) Plan check and inspection fees for off-site improvements - 4% and 4%,
respectively, of the estimated construction cost2 of the off-site
improvements.- See Development Services-Building Division) - 2% and
3%, respectively, of the estimated construction cost3 of the on-site
improvements, including landscaping.
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 cost" of the on-site
improvements, including landscaping.
1 All Fees are subject to change without not/ceo
'Estimated Construction Cost for Off-Site Improvements Is based on a list of standard unit prices on file with
the Public Works Division.
, Estimated Construct/on Cost for On-Site Improvements Is based on a list of standard unit prices on file with
the Public Works Division.
Page 5 of 5 Pages
7/1612002
j----
,
I
,
i
,
qqf3
CITY OF SAN BERNARDINO FIRE DEPARTMENT
STANDARD REQUIREMENTS Ca~eCu.p 02-0/
Dale 4/4/2-
? I O'!-:!s"=f;_~~,,,_~--_,,=,=[-r(y.~; e ci)_==c=~==~~~:e:~~~_y=~~~_.
GENERAL REQUIREMENTS:
LJ ProvIde one additional set of construction plans to Building and Safety for Fire Department use at time of plan check.
~] Contact the City of San Bernardino Fire Department at (909) 384~5388 for specific detailed reqUirements.
[l The del/eloper shall provide for adequate tire flow. Minimum fire flow requirements shall be based on square footag8, construction features. and exposure
Information supplied by the developer and !ill!!! be available prior 10 placing combustibJe matenals on site.
WATER PURVEYOR FOR FIRE PROTECTION:
o The tire protection water service for the area of this project Is provided by:
o San Bernardino Municipal Water Department-Engineering (909) 384-5391
o East Valley Water District-Engineering (909) 888-8986
o Other Water purveyor: ___._____
Phone:
PUBLIC FIRE PROTECTION FACiliTIES:
o Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and multi. residential areas and al intervals not to exceed
500 feet for residential areas.
o 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.
o Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Department in conjunctlon with the waler purveyor, Fire
hydrant materials and installation shall conform to the standards and specifk:ations of the water purveyor.
o Public 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 purveyor 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 each building for fire apparatus, Access roadway shall have an a11--weather driving surface of not less than 20 feel of unob-
structed width.
o Extend roadway to 'Within 150 feet 01 all porttons of the exterior wall of all single story buildings.
o Extend roadway to within 50 leet of the exterior wall of all multlple-stary buildings.
o Provide "NO PARKING" signs whenever parking of vehicles would possible reduce the clearance of access roadways to less than the required width. Signs
are 10 reed "FIRE LANE-NO PARKING-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 fram the curb line. No fire hydrants should be within 40 feet of any
elderior wall. The hydrants shall be Wet Banel type, with one 2~ inch and 4 inch outlet, and approved by the Fire Department. Areas adjacent to fire
hydrants shall be designated as a "NO PARKING" zone by painting an 8 inch wide. red stripe for 15 feet in each direction in front of the hydrant In such a
manner that it will not be blocked by parked vehicles. Lettering to be in white 6" by ~".
BUilDINGS:
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.
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 color of the background.
o Identify each gas and electric meter with the number of the unit it serves.
o Fire extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A 10BIC. Minimum distribution of
fire extinguishers must be such that no interior part of the building is over 15 feet travel distance from a fire extinguisher.
o Apartment houses Vtflh 16 or more units, hotels (motels) with 20 or more units, or apartments or hotels (motels) three stories or more in height shall be
equipped with automatic fire sprinklers designed to NFPA standards.
o All buildings, OYer 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.
o Submit plans for the fire protection system to the Fire Department prior to beginning construction of the system. Permit required.
o Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to start of construction. Permit required.
o Provide fire alarm (required throughout). Plans must be approved by the Fire Department prior to start of installation. Permit required.
o Fire Department connection to sprinlder system/standpipe system, shall be required at Fire Department approved location.
o Fire Code PennK required.
o Fire Sprinkler monitoring required. Plans must be approved by the Fire Department prior to the start of construction. Permit required.
Note: The applicant must request, In writing, any changes to Fire Department requirements.
ADDITIONAL INFORMATION:
11../ C ~P'r;c::T.
A LL tJ p,;:"v JrX K5
('.-17m m~AJr:S
7JATCD
?./;<;-/:;.. ~/l1Aft-i
--_.~-~~--,--
FPB11010HIO)
I
CITY OF SAN BERNARDINO FIRE DEPARTME
STANDARD REQUIREMENTS
o'?LCJf'2..j -1Q 94-
<1
Y
f{ II
E:
~-
0T
LA 02 -0'
se:CVJ2 02..-01
Date: ___?..:__Ll_~__.._
Reviewed By: Ge:124
GENERAL REQUIREMENTS:
[] Provide one additional set of construction plans to Building and Safety for Fire Department use al time of plan check.
o Contact the Cny of San Bemanllno Fire Department at (909) 384.5388 for spectfic detailed requirements.
o The developer shall provide for adequate fire flow. Minimum fire flow requirements shall be based on square footage, construction features, and exposure
inlonnalion supplied by the developer and must be available Drlar to placing combustible materials on site.
WATER PURVEYOR FOR FIRE PROTECTION:
o The fire protection water service lor the erea of this project Is provided by:
o Sen Bernardino Municipal Water Department-Englneering (909) 384-5391
o East Valley Water Dlstrict-Enginsering (909) 888-8986
D Other Wa"" purveyor.
Phone:
PUBLIC FIRE PROTECTION FACILITIES:
o Public fire hydrants are required along streets at Intervals not to exceed 300 feet lor commercial and mutti-residential areas and at Intervals not to exceed
500 feat for residential are...
o Fire hydrant minimum flow rates of 1,500 lJ)tn at a 20 psi minimum residual pressure are required for commercial and multi-residential areas. Minimum fire
hydrant flow rates of 1.000 epn at a 20 psi minimum residual pressure are required for residential areas.
D Fire hydrant type and specific location shaH be jolnUy detennlned by the City of San Bemanllno Fire Depar1ment In conjunction with the water purveyor. Fire
hydrant materials and installation shall confonn to the standards and speciflcaUona of the water purveyor.
o PubUc 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 purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional
information.
ACCESS:
D Provide two separate, dedicated routes of Ingress/egress to the property entrance. The routes shall be paved. all waathe..
o Provide an access road to uch building for fire apparatus. Access roadway shall have an all.weather driving surface of not less than 20 feet of unob-
structed width.
o Extend roadway to v.lthln 150 feat of all portions of tha exterior wall of a" single slory buildings.
D Extend roadway to within 50 feat of tha exterior wall of all mulllple.story buildings.
D Provide "NO PARKING" signs _never partdng of vahicles would possible reduce the clearance of accass roadways to less than tha required width. Signs
are to read "FIRE LANE-NO PARKlNG-M.C. Sec.1S.l'".
D Dead-end slreets shall nOl exceed 500 leat In length and shall have a minimum 40 foot radius hJrnaround.
D The names of any new streets (public or private) shall be submmed to the Fire Department lor approval.
SITE:
o All access roads and streets are to be constructed and usable prior to combustible constructton.
D Private fire hydrants shall be Instatlad to protect each building located more than 150 lset from the curb Une. No lire hydrants should be within 40 feat of any
exterior wall. The hydrants shaU beWel 8.....1 type, v.lth one 2* Inch and 4 inch outlet, and approved by the Fire Department. Areas adjaoent to fire
hydrants shall be designated as a "NO PARKING- zone by painting an 8 Inch wide, red stripe for 15 feet in each direction in front of the hydrant in such a
manner that n v.lll not be blocked by parked vehicles. Lettaring to be In \\i1ne 6" by *".
BUILDINGS:
o Address numerals shall be installed on the building at the front or other approved tocaUon In such a manner as to be visible from the frontage street. Com-
mercial and muhi famity 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 color of the background.
.g. Identify each gas and electric meter 'Nith the number of the unit it serves.
~ Fire extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A 10BIC. Minimum distribution of
fire extinguishers must be such that no k'lterlor part 01 the building Is over 75 feet travM distance from a fire extinguisher.
o Apartment houses with 16 or more units, hotels (motels) with 20 or more units, or apartments or hotels (motets) three stories or more in height shall be
equipped with aOlamatic fire sprinklers designed to NFPA standards.
o All bullctings. 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.
D Submit plans for the fire protection syatem 10 the FIre Department prtor to beginning construction of the syslem. Pennn required.
o Tenant Improvements In all sprinklered buildings are to be approved by the Fire Department prior to slart 01 conslructlon. Pennn required.
D Provide fire alann (required throughout). Plans must be approved by the Fire Department prior to start of Installation. Pennn required.
o Fire Department connection to sprinkler syetem/standplpe system, shall be required at Fire Department approved location.
D Fire Code Pennn required.
ire Sprinkler monitoring required. Plans must be approved by the Fire Department prior to the start of construction. P' ..... .It ralfDlftd.
Note: The applicant must req~ In wrttlng, any changes to Fire Department requirements.
ADDITIONAL INFORMATION,') /,-1 7 tJ. <..' .
l.:s /0 8 r=:-
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fPB170(ONXl)
City of San Bernardino
Public Services Department - Refuse & Recycling Division
Standard Requirements for Commercial & Industrial Development
Project Number: CUP 02-01 I Project Planner: Joe Bellandi Review Date: 2. 14.2002
Project Description/Business Name: retail mall
Project location; Address: 1094 South E Street Service Account closed
Reviewed By: Michelle Dyck-Turner I e-mail: dyck-turner _mi@ci.san-bernardino.ca.us Phone: 909.384.5549 #3162
Collection Services
0 I. The collection or transportation of refuse. recyclable discards, or green waste from any commercial and industrial
locations within the City shall be provided by the City of San Bernardino Public Services Department unless
othelWise franchised or permitted. [MC Ii 8.24. 140J
0 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.
0 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 Ii 33.083J
0 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. Q[ establish an alternative diversion
program to be identified in the IWM Survey for the project.
Automated Cart Service to Nonresidential Facilities
o 5. Nonresidential establishments such as small offices, shops, meeting halls. or churches, which generate 2 cubic yards
or less of non-bu/ky waste per week and are located on the same side of a residential block receiving automated
cart service shall meet residential rather than commercial requirements..
Service Vehicle Access
~ 6. 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 40-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 cul-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 u':!compacted 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 5 J O. 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 Ii 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.
MDI?S 8.30.0 I
Public Services Department - Refuse & Recycling Division
Standard Requirements for Commercial & Industrial Development
Project No. CUP 02-0 I
2.14.2002
Page 2 of 2
FronHoad Bin Enclosures & Access
0 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 942911]
0 15. Front-load compactor units must be contained in an enclosure large enough to hold the unit and one additional
bin facing lengthwise.
0 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 muiti-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.
0 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.
0 18. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water.
0 19. Enclosures must be at least 5' from combustible walls. eave lines, or openings. [98 CA Fire Code 9 1 103.2.2]
0 20. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures. All other equipment.
fixtures, and materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus supplies
are strictly prohibited.
0 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.
0 22. Enclosures shall be located with gates aligned for straight access for service vehicles.
0 23. Enclosures shall not obstruct drive aisles, driveways, loading zones, parking, handicap access. or visibility of cross-
traffic from drive aisles, alleys. or streets. Location shall not cause service vehicle to block access drives during while
bins are being serviced.
0 24. 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..
0 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.
Mufti-unit Dwellings
0 26. Commercial requirements shall apply to all mu/ti-unit dwellings over 8 units. unless otherwise approved.
0 27. Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse & commingled
recyclables. Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications
adopted in accordance with Model Ordinance as required by CA PRC 942911]
Integrated Waste Management Survey
181 28. Applicant shall submit an Integrated Waste Management Survey for each of the activities marked below with the
initial application to Planning for approval by the Public Services Department Refuse and Recycling Division prior to
issuance of permits for each activity. The information contained in the Survey as well as any related comments and
mitigation provided by Public Services shall be summarized in the Initial Stucly and EIR if required for the project
under CEOA
o Demolition & Site Preparation 0 Construction / Renovation
Additional Requirements or Recommendations
Please find guidelines attached for Integrated Waste Management Survey.
181 Business Operations or Event
MD/PS 8.30.0 I
e"
T1:1 r-
T
," CONCRETE BLOCK WALLS,
GROUT ALL CELLS SOLID
-4".6" WOo IUWPER wI l/2uA.B.
L
~
~!
FLUSH WITH PAVEMENT
o
12'1 STE.El SLEEVES
IN CONcttETE TO
SECURE' IATES
( ~IZ"STEEL SLEEVE IN
'".12~_ CONCRETE
FOOTING TO SECURE
GATES (TYP.)
PLAN VIEW
3 .. S [ SATE FRAME
CHANNEL
BAR CHANNEL 2". I"x 3/16"
CROSS BRACING
1/2" DRAIN HOLE'S ot 12"0.C.
STEEL 3"..3". .1815
POST, WELD CAP a
GRIND SMOOTH
5".5" H.O. BUTT
HINeE BY STANLEY
3 PER GATE, WELD
TO POSTS a GATE FRAME
TYPE B-24 METAL DECK
20 GAUGE. PRIMER COATED
BY vERCa ..,e, co. TACK
WELD AT TOP 5 BOTTOM TO
CHANN!L ot 12" D.C.
DETAIL lA'
!I'
MIN. DIMENSIONS
BIN SIZE W L
3 CY. 6'-a" a'-a"
4 CY. a'- 0" a'-a"
2-3 CY. 6'-a" 15'-0"
2- 4 CY. a-o 15-0"
2. NO.4 BARS
A
~
NO.4 BAR
al 2411 D.C.
FIN, GRADE
4 ".611 WD. BUMPER
./1/2" A.B. 00 r
32~' o. c.
CCOlHTERSUNK) s
o
,
-..
." CONe. SLAB w/6~6
10/10 W. W. F.
(CONCRETE CLASS
S20 - C - 2500)
-0
I. NO.4 BAR I
ot 4'-0" .co
NO.4 BAR CONT.
I
_'A._
~-1
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I IS" I
.. ..
SECTION A-A
GATES
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a
.
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'/2" g SALVo STEEL 31/2" SALVo STEEL T
CANE: 80LT t STANLEY H. D. HASP, STAJlLEY
NO. CD 1001 (2 REQ,) NO. SP. 117
FRONT ELEVATION
NOTES
I. AL.L. WORK SHAL.L. BE DONE IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS FOR
PUBL.IC WORKS CONSTRUCTI ON, L.ATEST EDITION.
2. L.OCATlON SUBJECT TO THE APPROVED DEVEL.OPMENT PL.ANS.
3. WITHIN 5' OF COMBUSTIBL.E CONSTRUCTION, INSTAL.L. A AUTOMATIC FIRE SPRINKL.ER AS
APPROVED BY FIRE DEPT.
4. CONCRETE BL.OCK WAL.L.S TO BE COMPATlBL.E WITH BUIL.DING EXTERIOR.
5. SPECIFIED MANUFACTURER'S SHOWN OR APPROVED EQUAL.
CITY OF SAN BERNARDINO PUBLIC WORKS DEPT. APPROVED
REFUSE ENCLOSURE
SfANVAKV
PLAN
508
DIREC OR OF PUBLIC WORKS I
CITY ENGINEER
,
PUBLIC SERVICES-REFUSE DIVISION
ROLL-OFF CONTAINER MODIFICATION 10, 20, 30, 40, & COMPACTOR UNITS
NOTE:
SPECIAL ORDER
NOT TYPICAL
10 1/2"xB"
ROlLER
WHEEL
lli2I.L.
HYDRAULIC TAILGATES
MUST BE SINGLE HOSE
1" DIA. QUICK-CONNECTOR
TYPE.
NO SWlNG-AWAY COMPACTOR
HEADS.
SCALE
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ALL INSTALLATIONS SUBJECT TO INSPECTION AND APPROVEL
BY PUBLIC SERVICES DEPARTIlENT - REFUSE DMSION
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES-PUBLIC WORKS/ENGINEERING
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EXHIBIT 3
CITY OF SAN BERNARDINO
Development Services Department - Planning Division
Memorandum
TO:
Planning Commission
Valerie C. Ross,~lanner
FROM:
SUBJECT:
Agenda Item No.1 - Conditional Use Permit No. Conditional Use Permit
No. 02-01 and Lot Line Adjustment No. 02-01
DATE:
June 13, 2002
COPIES:
Henry Empefio, Deputy City Attorney
BACKGROUND
At the Planning Commission meeting of June 4, 2002, this item was continued so that
staff could prepare Findings to support denial. Those findings are included in Attachment
1.
Attachment 2 includes revised Conditions of Approval. Staff believes the revised
Conditions address many of the concerns raised by the Planning Commission.
Joe Ramos, project architect, provided a letter and renderings of the building.
RECOMMENDATION
Staff recommends that the Planning Approve Conditional Use Permit No. 02-01 and Lot
Line Adjustment No. 02-01, based upon the Findings of Fact contained in the June 4,
2002 Staff Report and subject to the Revised Conditions of Approyal (Attachment 2) and
Standard Requirements.
Attachments: 1 Findings of Fact
2 Revised Conditions of Approval
3 Letter from Joe Ramos
4 June 4, 2002 Planning Commission Staff Report (previously distributed)
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ATTACHMENT 1
Conditional Use Permit No. 02-01
FINDINGS OF FACT
1. Is the proposed use conditionally permitted within, and would not 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, a Conditional Use Permit is required for both the proposed Automobile Sales
and the proposed Indoor Retail Concession Mall. The Automobile Sales complies
with provisions of Development Code Section 19.06.030.2.D. The applicant has
indicated that no vehicle servicing or repairs will be conducted at this site. The
Indoor Retail Concession Mall complies with provisions of Development Code
Section 19.06.303.2.1. The proposed uses comply with all applicable provisions of
the Development Code and General Plan.
2.
Is the proposed use consistent with the General Plan?
No, the proposal is not consistent with the General Plan goals, objectives, and
policies as follows:
General Plan Goal 1 G states: "Achieve a pattern and distribution of land uses
which:
a. retain and enhance established residential neighborhoods, commercial and
industrial districts, regional-serving uses, recreation and amenities.
m. provide a high quality oflife and secure environment for the City's
residents and businesses.
n. establish San Bernardino as a unique and distinctive place in the Inland
Empire and southern California region."
The proposed uses will not promote and implement this General Plan Goal. The
projects will change the character of South "E" Street. With the exception of
Moss Bros. Dodge, there are no other vehicle sales lots in this area. The retail
sales operations in the immediate area are located in single tenant buildings or
multi-tenant centers. There are no other Indoor Retail Concession Malls in this
vicinity.
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 project is exempt from CEQA under Section 15301, pertaining to the use
of Existing Facilities.
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4.
Are there potentially significant negative impacts upon environmental
quality and natural resources that could not be properly mitigated and
monitored?
No, as identified in Finding No.3 above, the project represents the reuse of two
existing buildings and associated site improvements. The proposed uses are
expected to generate similar traffic patterns as the previous uses for which the site
was originally developed.
5. Are the location, size, design, and operating characteristics of the
proposed use compatible with the existing and future land uses within the
general area in which the proposed use is to be located and will it create
significant noise, traffic or other conditions or situations that may be
objectionable or detrimental to other permitted uses in the vicinity or
adverse to the public interest, health, safety, convenience, or welfare of
the City?
The proposed Indoor Retail Concession Mall is not in keeping with the Planning
Commission's vision for the revita1ization of South "E" Street and it's connection to
Inland Center Mall.
6.
Is the subject site physically suitable for the type and density/intensity of
use being proposed?
Yes, the site is physically suitable to the type and density/intensity of the uses
being proposed, as noted in the Project Description and compliance with
provisions ofthe Development Code and The General Plan as discussed in the
staff report.
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?
All agencies responsible for reviewing access, and providing water, sanitation,
and other public services have had the opportunity to review the proposal through
the City's Development Review Committee and none have indicated an inability
to serve the project.
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ATTACHMENT 2
REVISED CONDITIONS OF APPROVAL
Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
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: June 18,2004
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 authori!)' shall ensure that the project complies with all
current Development Code provisions.
3.
In the event that 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 the matter. Once notified, the applicant agrees to defend, indemnify,
and hold harmless the City of San Bemardino (City), the Economic Development
Agency (EDA), any departments, agencies, divisions, boards or commissions 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
and the Economic Development Agency any costs and attorney's fees which the
City or the Economic Development Agency 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 section.
The costs, salaries, and expenses of the City Attorney and employees of his office
shall be considered as "attorney's fees for the purpose of this condition.
As part of the consideration for issuing this permit or approval, this condition
shall remain in effect if this Conditional Use Permit is rescinded or revoked,
whether or not at the request of the applicant.
4.
Construction shall be in substantial conformance with the plan(s) approved by the
Director, Development Review Committee, Planuing 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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a. On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
c. Reconfiguration of architectural features, including colors, and/or
modification of finished materials that do not alter or compromise the
previously approved theme; and,
d. A reduction in density or intensity of a development project.
5. No vacant, relocated, altered, repaired or hereafter erected structure shall be
occupied or no change of use ofland or structure(s) shall be inaugurated, or no
new business commenced as authorized by this permit until a Certificate of
Occupancy has been issued by the Department. A temporary Certificate of
Occupancy may be issued by the Department subject to the conditions imposed on
the use, provided that a deposit is filed with the Department of Public Works prior
to the issuance of the Certificate, if necessary. The deposit or security shall
guarantee the faithful performance and completion of all terms, conditions and
performance standards imposed on the intended use by this permit.
6.
This permit or approval is subject to all the applicable provisions of the
Development Code in effect at the time of approval. This includes Chapter 19.20 -
Property Development Standards, and includes: dust and dirt control during
construction and grading activities; emission control of fumes, vapors, gases and
other forms of air pollution; glare control; exterior lighting design and control;
noise control; odor control; screening; signs, off-street parking and off-street
loading; and, vibration control.
Construction-related Conditions
7. Exterior lighting shall be energy efficient and shielded or recessed so that direct
glare and reflections are contained within the boundaries of the parcel, and shall
be directed downward and away from adjoining properties and public rights-of-
way. No lighting shall blink, flash or be of unusually high intensity or brightness.
All lighting fixtures shall be appropriate in scale, intensity, and height to the use it
is serving. Security lighting shall be provided at all entrances.
8. Both sides of the interior partition walls separating and delineating each tenant
suite/store shall be surface finished with either drywall and stncco or wood grain
slatwall panels. The delineating partition walls shall be a minimum height of nine
feet.
9. Each tenant snite/store shall have a minimum of seven feet in height of glass store
front, including storefront (glass) sliding doors or roll-up doors, mounted in 2" x
2" tubular steer frames. The glass storefronts shall be capped/crowned with a
minimum of two feet in height decorative wood and/or wood grain slatwall
panels.
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10.
The texture, materials, and colors to be used on the proposed buildings, fences,
and walls shall be subject to the approval of the Planning Division. If the color of
the building is to be modified, the revised color scheme shall be reviewed and
approved by the Planning Division prior to painting.
II. Prior to the issuance of Building Permits, the locations of all telephone and electrical
boxes shall be shown on the construction plans. Any equipment, whether on the
roof, side of structure, or ground shall be screened. The method of screening shall
be architecturally compatible in terms of color, shape, and size. The screening
shall blend with the building design and include landscaping when on the ground.
12. All vents and pipes attached to the exterior walls of all buildings on the property
shall be painted the same color as the surface to which they are attached.
13. Each tenant suite/store shall have hardwired telephone and communication cable
to terminals within the suite/store and conduit for computer outlets. The owner
shall furnish and install all outlets, switches, wiring, cables, and conduit for each
tenant suite/shop.
14.
Each tenant suite/store shall have backing plates and blocking in the metal
framing of the partition walls to receive cabinet work for rigidly bolting
equipment, and for special braces or framing, for the attachment and support of
electrical outlets, plumbing and heating fixtures, and all other such equipment
requiring framing support.
15. Grid panels, wire accessories, wall mount brackets, display hooks, shelf brackets
and other such accessories shall be color coordinated within the mall and be
approved by owner prior to the installation by tenants.
16. All flooring surfaces shall be vinyl flooring, with floor surface to be adequate to
receive carpeting of individual tenant suite/shops. Each tenant shall be required to
obtain approval in writing of the owner of the carpet prior to installation, with
carpet colors and texture to be coordinated.
17. The owner shall not install steel or iron bars on the exterior of the windows or
doors of any building on the property.
18. The minimum floor area of individual tenant suites/shops shall be 150 square feet
of gross floor area. The average floor area of all suites/shops shall exceed 500
square feet.
19. The minimum frontage of each store shall be ten feet in width. Store front doors
and/or openings shall not exceed 50% of store width.
20.
If facilities for vehicle washing and/or detailing are provided at the Automobile
Sales site, the applicant shall install oil separators or other facilities capable of
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eliminating the discharge of oils or chemicals from the site. Such facilities shall
be sized to accommodate the vehicle washing and detailing which will occur on
the site, and shall be submitted to the Public Works Division for review and
approval within 30 days of approval of CUP 02-01.
Silffiage
21.
The applicant shall submit a Sign Plan to the Planning Division for review and
approval prior to installation of any signage. The Sign Plan shall contain
statements that the applicant/owner/operator acknowledges the provisions and
includes the following components:
. Indoor Retail Concession Malls are considered one tenant for purposes of the
Development Code Sign Standards.
. Any temporary signage may only be permitted for special events, subject to
approval of a temporary sign permit.
. No window signs shall be allowed in any building or structure on the property
at any time.
. The words "warehouse, swap/fleamarket, and similar terms may not be
included in any signage, and pictures or drawings depicting these terms are
prohibited.
. The language, location, size and design of signs prohibiting litter and
loitering.
. The type, location, size, and design of interior signs.
. All interior signage shall be mounted on walls and/or sign panels approved by
the applicant/owner/operator in writing prior to submittal of an application to
the City.
. The type, location, size, and design of exterior signs.
. No signage may be installed without approval/permits from the Development
Services Department.
Ooerational
22. Displays of merchandise outside of the interior of tenant suites/stores shall be
limited to protruding a maximum of 6 inches from the exterior of individual
suite/spaces at sliding glass door and/or roll-up door opening into the
hallways/corridors with the access points to the suites/stores to be maintained at a
minimum of 42 inches.
23. All sales and sales activity shall be restricted to the interior of the individual
tenant suites/shops. No merchandise shall be displayed and/or stored outside the
suites/shops, including, but not limited to wall or corridor space outside of
individual suites/shops.
24.
All sales activities and/or displays of merchandise shall be conducted within the
building unless an appropriate permit has been obtained from the City.
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25.
No storage of any kind shall be permitted outside of either structure on the
property.
26. All furniture and fixtures to be located inside the individual retail stall spaces
shall be of a permanent or semi-permanent type, and shall not include residential
type lawn/patio furniture.
27. No used or distressed merchandise shall be sold on the property at any time.
28. Merchandise may not be hung from light fixtures or the ceiling.
29. The graffiti placed on any building or structure located on the property shall be
removed promptly by the owner after its placement; failure by the owner to
remove such graffiti upon twenty-four (24) hours written notice from the City,
shall empower the City to enter upon the property and cause the removal, or
painting over, of said graffiti, at the expense of the owner. The owner shall
promptly pay, upon receipt of the City's invoice, all the City's reasonable costs of
such work.
30. Public pay phones may only be located inside the mall or auto sales facility
building.
31.
The owner/manager shall require each tenant to obtain a City Business
Registration Certificate prior to commencing business operations/activities.
32 The owner/manager shall require each tenant to obtain a Seller Permit issued by
the California State Board of Equalization prior to commencing business
operations/activities.
33. All tenants shall keep and maintain cash register tapes and/or approved receipts
reflecting the amounts collected as sales and sales taxes. These receipts shall be
kept for a period offour (4) years and shall be available for inspection by the
City, at any reasonable time.
34. No loudspeakers, bells, gongs, buzzers, mechauical equipment or other sounds
attention-attracting or commuuication device associated with any use shall be
discernable beyond any boundary line of the parcel, except fire protection
devices, and burglar alarms.
35. The owner shall provide personnel for security purposes on the property during all
business hours at levels and in a manner as is approved by the City's Police
Department.
36.
No tenant shall be permitted to sell any gang or drug related merchandise.
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37.
No tenant shall be permitted to sell tobacco, liquor, or adult-oriented merchandise.
38. This permit or approval is subject to the attached conditions or requirements of
the following City Departments or Divisions:
. Development Services Department - Plan Check Division
. Development Services Department - Public Works Division
. Public Services Department - Refuse Division
. Fire Department
. Parks Recreation & Community Services Department
39. The applicant shall record a deed restriction that includes all of the foregoing
Conditions of Approval and Standard Requirements.
40. The applicant shall provide language in the lease agreements that includes the
foregoing Conditions of Approval, as applicable to tenants.
Joe A. Ramos, AlA
Architect. C-I9076
Architecture . Planning
ATTACHMENT 3
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Interiors
. CADD
June 13, 2002
TO: Planning Commission
City of San Bernardino,
300 N. "D" Street
San Bernardino, CA
[;l rn@rnO~rn@)
JUN 1 3 2002
RE: California Discount Mall/ Auto World
CUP No. 02-01
CITY OF SAN BE"RNAR01NO
~OPMENT SERVICf,5
DEPAATMENT
Madam Chairperson and Planning Commission Members,
In response to the Planning Commissions concerns of the previous meeting of June 4, 2002
We have been diligently working with staff to mitigate those concerns and clarifY our position
pertaining to the proposed project. Staff has developed conditions that we are in full agreement
with and feel they will mitigate the major concerns of the commission. We are providing interior
and exterior renderings of the proposed California Discount Mall for the commission to have a
better understanding of the quality of project we are proposing.
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Our only request is that we be able to keep the original name of the project as California
Discount Mall. We feel very strongly that the name is imperative to the success of the mall. We
have done extensive research on this issue and all indications are that the name will not hurt but
will assist in the economic viability of the project. Our research has also found over 20+
business that use the name Discount, Bargain, Value, Payless, etc., in one form or another and
most seem to be very clean and successful businesses.
It is our intent to develop a long lasting business relationship with the City of San Bernardino
and the surrounding community, as indicated previously Mr. Jara has been doing business in the
City for more than 10 years and owns several other businesses in the Inland Empire. He feels a
strong responsibility to the communities he does business in and is committed to working with
the City and staff towards a successful project for all involved. We request a positive response
to our project and hope you will give us your most serious consideration.
e
2075 North First Avenue . Upland, California 91784 . Tel/Fax: 909. 981-3171 . E-mail: jaramos@gte.net
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DeveloYlIlent services
D~partlllellt
EXHIBIT 4
-cD
Application for Appeal
APPEAL FROM A DECISION OF THE (check one)
o Development Services Director;
o Development/Environmental Review Committee; or
xg: Planning Commission
Case number(s): Conditional Use Permit 1102-01 and Lot Line Adjustment 1102-01
Project address: Southwest corner of E Street and South Mall Street (998 and 1094 South E Street
Appellant's name: Jose J. Jara
Appellant's address:
Appellant's phone:
741 S. Allen Street, San Bernardino, CA 92408
909/ 890-0123
Contact person's name:
Mark Ostoich/A1icen Clark Wong
Contact person's address: 600 North Arrowhead Avenue, Suite 300, San Bernardino, CA 92401
Contact person's phone: 909/ 884-2171
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 appeal hearing.
OFFICE USE ONLY
Date appeal filed:
Received by:
5/t/Ol
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REQUIRED INFORMATION FOR AN APPEAL
Specific action being appealed and the date of that action:
Planning Commission denial of Conditional Use Permit #02-01 on June 18, 2002.
Specific grounds for the appeal: The decision to deny CUP 1102-01 was arbitrary and capricious.
The Planning Commission denied the pro;ect because it was inconsistent with the City's
"vision for the future" which the Planning Commission admitted had not yet been articulated.
Action sought:
Consideration of Conditional Use Permit #02-01 and Lot Line Ad;ustment
1102-01
Additional information: The Planning Commission obj ected that the uses proposed for the site
(an indoor mall and pre-owned vehicle sales) are not consistent with the regional commercial
land uses which are appropriate for the area surrounding the Inland Center Mall. However,
at the June 18 Planning Commission hearing, the Planning Commission admitted that the
"vision" had not yet been articulated and that it was being implemented on a project-by-
project basis.
The Planning Commission also objected to the 99 Cent Store within the mall (occupying
approximately 10% of the floor area). When the applicant offered to eliminate the
99 Cent Store from the pro;ect, the Planning Department did not consider this change and
proceeded to deny the project.
Signature of appellant:
~,,~-
'~ se J. a '
Date: 6/27/02
2
511/01
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:EXHIBIT 5 r
DISCOUNT MALL
,., J~! J.~ '~'/J ~~
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AND
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~@)OD'U@ @@ @O~@@El@ @~[J"@
July I, 2002
Prepared by
Joe A. Ramos A.LA. Architect
Architecture. Planning. Interiors
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TABLE OF CONTENTS
A. Project Description
B. Applicant Qualifications
Owner! Applicant
Consultants
C. Project Plans
Overall Site Layout
Building Exterior and Interior Renderings
D. Project Benefits
E. Project History
F. Appendices:
. Real Estate Sale Flyer
. Initial Planning Department Evaluation Check List
· Letter to DRC
. Letter: Liburn Corp
. Planning Commi!lSion Meeting June 4 Staff Report
. Planning Commission Meeting July 18 Staff Report
· Letter to Planning Commission
· Email Correspondence
. Montclair Discount Mall Article
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page 3
page 4
page 5
page 6
page 7, 8,9
page 10
page II, 12
page 13
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A. PROJECT DESCRIPTION
The proposed project consists of two proposals on one site consisting of two separate
parcels and is being submitted conjunctively. Jose J. Jara of Jara Holding Second LLC
is the owner and applicant of both parcels.
The existing parcels consist of two vacant buildings; "Toy's R Us" occupied the
larger approx. 35,000 sq. ft. building and the smaller 2500 sq. ft. building was
previously a bank and bas been vacant for about 6 years. It is our intent to develop the
existing site by incorporating an indoor discount mall in the larger building and pre-
owned and classic car dealership on the smaller building. We are proposing to do
extensive interior & exterior building and site improvements and a lot line adjustment
to allow better utilization of both parcels. Site improvement will include all new
landscaping and planter areas, pavement improvements and striping and new
upgraded site lighting, as well as new driveway approaches where required. Both
building will be repaired and repainted with additional design amenities.
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B. APPLICANT QUALIFICATIONS
Owner/Applicant:
Jose J. Jara
Jose's Mexican Food Inc.
741 S. Allen, Suite B
San Bernardino, California 92408
909.980.0123
. Mr. Jara is an alumnus of Harvard Business SchoollOPM and has
attended:
. Cornell University: Restaurant Executive Program.
. Kellogg Graduate School of Management: Business Marketing
Strategy.
. Stanford Graduate School of Business: Strategy and Organization
Executive Program.
. American Management Association: Certificate of Excellence for
Strategic Management.
. National Independent Automotive Dealership Association
(NIADA): Master Dealer Program.
. The Education Foundation of the National Restaurant Association:
ServSafe Train-the- Trainer.
. Covey Leadership Week.
. Proven track record of profitably J11"n"ging a business for 22 consecutive
years.
. Jose's Mexican Food Inc. has created and established many programs for
the development of the company's team:
. Extensive Leadership Training Program: in place for
approximately nine years.
. New member development program: A four-day training program
for all team members on leadership, teamwork, sales and service.
. Educational Assistance: Assists team members after three months
(up to $1200 grant per person).
. Benefits package: Provides every team member with medical and
dental benefits after three months.
. The Company has invested approximately $100,000 for a library of
books, videos, and audios for the education of every team member.
. Re.atling Program: Encourages every team member to read at least
one book every two months or one book a month and rewards them
accordingly with increased wages.
. Jose's Mexican Food Inc. offers competitive salaries, wages and
bonuses to all of its team members.
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. Consultants
Architect
Joe A. Ramos A.LA. Architect
2075 N. First Avenue,
Upland, California. 91784
909.981.3171
. Joe A. Ramos is an alumnus of California Polytechnic University - School
of Architecture and San Bernardino Valley College and has attended:
. University of South em California.
. University California, Los Angeles.
. California State University, San Bernardino.
. Over 30 years experience in Architecture, Engineering and Planning.
. Served as department chair and professor of Architecture,
Department of Architecture and Design, Mt. San Antonio College.
. Selected outstanding faculty of the year, 2001-2002.
. Served as chairman and member for the City of Upland Planning
Commission and Architectural Review Board for over 18 years.
. Served on County of San Bernardino Tri-City Advisory Committee.
. Served on the City of Upland Downtown Main Street Task Force.
. Served as Ex-Officio member of Upland Main Street Board.
. Facilitated and participated in various community design workshop and
charrettes.
. Serves on variety of community and educational advisory committee.
Legal Counsel
Kresham, Savage, Nolan, Tilden, LLP - Lawyers
600 North Arrowhead Avenue, Suite 300
San Bernardino, California 92401
Alicen Clark Wong
Mark A. Ostoich
909.884.2171
Commercial Real Estate Service
Lee & Associates
3240 Mission fun Avenue
Riverside, California 92057
Jeff Stanley
Nick Wirick
909.276.3600
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C. PROJECT PLANS
I
. Overall Site Layout
1
__---~-~~TREET -----t
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SITE PLAN
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. California Discount Mall
o Exterior Rendering
~
".'.t.
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. California Discount Mall
o Interior Rendering
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. California Discount Mall and Auto World
o Site Rendering
._"~/'"
~,;'!,!~-
... .,; .~":<:l;J
......,,:~-::~~~, ~,..;"
",-y.;... ....._:1I.~ttl ','"
';R~. 'f.'~'
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D. PROJECT BENEFITS
. Estimated curb appeal enhancement/exterior site improvements - $211,000 to
$260,000.
. Estimated interior building improvements - $340,000 to $395,000
. Proposed radio, television and direct mail advertisement - $420,000 to
$660,000 per year.
. Estimated increased traffic count to approximately 15,000 customers per
week.
. Increased sales tax revenue. See table below.
California Discount Mall
I Traffic Count I % Increase in I Total Sales I Total Sales Tax
Year oer week. Traffic , Revenue Revenue
1 I 15,000 I I $12,480,000.00 $967,200.00
2 I 15,750 I 5% I $13,104,000.00 $1,015,560.00
3 I 16,538 I 5% I $13,759,200.00 $1,066,338.00
4 I 17,034 I 3% I $14,171,976.00 $1,098,328.14
5 I 17,545 I 3% I $14,597,135.00 $1,131,277.98
Total I $68,112,311.00 $5,278,704.12
The Auto World
# Cars Sold I % Increase in Total Sales Total Sales Tax
Year per month I car sales Revenue Revenue
1 I 75 I I $12,150,000.00 $941,625.00
2 I 86 I 15% I $13,972,500.00 $1,082,868.75
3 I 99 I 15% I $16,068,375.00 $1,245,299.06
4 I 109 I 10% I $17,675,213.00 $1,369,828.97
5 I 120 I 10% I $19,442,734.00 $1,506,811.87
Total I $79,308,821.00 $6,146,433.65
. Employment of 50 to 60 people for the construction phase for approximately
2-3 months and 108 to 122 permanent employees.
. Increased traffic count on "E" street will result in increased taxable sales
revenues for all adjacent merchants.
The increased traffic count, taxable sales revenue and curb appeal
enhancement will attract new business investments creating business
synergy on "E" street.
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E. PROJECT mSTORY
Property Acquisition and Research
June 200 1 - October 200 1
. Contacted Lee & Associates listing agents for the site (Append #1).
. Contacted City Planning Staff to discuss proposed use, determined it was an
allowable use with a Conditional Use Permit (CUP).
. Real estate agent suggested contacting 3'" Ward councilman for additional input.
. Meeting with councilman Gordon McGinnis (3'" Ward) to discuss the project,
received positive comments and encouragement for the project.
. Met with Mr. James Funk, Director of Development Services, for further
clarification and discussion. Mr. Funk recommended visiting other similar project
for reference and encouraged a quality project similar to examples he referred.
Design Development
December 2001
. Contacted the Office of Joe A. Ramos A.LA. Architect to serve as Architect of
Record based on experience and qualification on similar project.
. Applicant and Architect conducted extensive research on physical improvements
and economic viability of project
Agency Submittal Process
Janwny 2002
. Prepared all required application documents and drawings for conditional use
permit (CUP) submittal for the proposed project.
February 14, 2002
. Initial Development Review Committee Meeting (DRC) received comments,
suggestions and conditions from all responsible city departments. Rescheduled for
next ORC meeting (Append #2).
. Plans revised per ORC conditions and recommendation, and submitted for next
ORC meeting. Staff indicated we would not be scheduled until the following
ORC meeting.
April 2002
. Second ORC meeting - all department representatives unanimously approved the
project to be forwarded to the Planning Commission for next meeting.
. Staff indicated problems in getting staff report done for Planning Commission
meeting and suggested paying and additional fee to expedite. Paid $1,200 fee to
Lilbum Corporation (Append #4) to develop staff report for the following
Planning Commission meeting.
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May 21, 2002
. Planning Commission meeting, CUP No. 02-01 and Lot Line Adjustment No. 02-
01 (Append #5). Staffreport by Ms. Valerie Ross with recommendation for
approval. Discussion ensued on concerns with the auto sales operations.
Concerned seemed to be mitigated. During Public Hearing, concerns in reference
to the discount mall. Major concern with the level of quality and aesthetics
received all recommendations and concerns. Motion to continue to next Planning
Commission meeting for further review.
June 18, 2002
. Planning Commission meeting - continued, CUP No. 02-01 and Lot Line
Adjustment No. 02-01. Architect prepared exterior and interior renderings of
proposed project, and agreed to all conditions developed by staff to mitigate the
Commissions concerns except a request to retain "Discount" within the name of
the mall portion (Append #6). Discussion on the additional information seemed
positive. However, concerns about "99t Store" and "Low Income" type projects
were brought up. Final discussion turned to the auto sales project and motion to
deny based on that. Motion to deny failed (5-3), discussion continued without a
new motion. The same motion to deny the project was made again and this time it
passed unanimously. Project was denied.
June 28, 2002
. Appeal to City Council of Planning Commission denial fort
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F. APPENDICES
1. Real Estate Sale Flyer
2. Initial Planning Department Evaluation Check List
3. Letter to DRC
4. Letter: Liburn Corp
5. Planning Commission Meeting June 4 Staff Report
6. Planning Commission Meeting July 18 Staff Report
7. Letter to Planning Commission
8. Email Correspondence
9. Montclair Discount Mall Article
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PBS-13-82 18.21 PROM.Cl~y or ...no Pln./81~8
ID.II.1I311411...
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~~',!'if'~:"'.;"
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTME/liT
300 Nflnh -DO Street. San BerruudJnq, Califomi4 92418
Pho1te: (9U}) 384-5()j7 . Fa% (909) 384-5080
FAX TRANSMITI'AL SHEET
DATE: Februaty 13.2002
TO: Jose J. Jara-Joe A. Ramos
FAX: 909-890-1166-909-981-3171
FROM: Joe Bellandi
SUBJECT: Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
TOfAL PAGES (mcluding cover): }If 10
I REMARKS:
I
Jose:
Pl.....i'lg ootnpleted a pIe review of your appW:ation. Attached are the co.ccerns we have with
movin& forward with the project. Tomoxrow the otheI Dtt-~ will be at DRe to identify
any c.na....... tJJcy may have wirh the project. We win probably deem the project iDrMllp11:lP. due
to lhe lacl:: of iDformalion suppUed about the project.
Tho items darIcmIed 011 the Sa Plan Checklist are the items that are DOt on the site plan
We arc the only OIlCS on the agenda tOmOrrOW. If you can tty to be there a few minutes before
9:00am. The JIlCI"Si"8 is OD the 4'" floor of City Hall in the CU.d'~l.....ee room.
lfyou have any questions, please feel free 10 call me at, 909-384-5051.
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PBB-13-e2 le.22 P.OMIC1~y 0' ..dnD Pln.,.ld.
J.u...allla-aODOU
..,..-
"
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
PROJECT EV ALUATION rAllrKT .Tlrr
Case # r!//p ~7o a 2-- en . LLA b Z.-CJI
,
Applicant .:r;:;~ L' .:r .:r; n. A
Planner -104' -.:7';". I fA. I 1'1'7.
Project Description LL-i .." .46 ~L;"'L ./ .J".WA....L'" ~ -'~ ....... Jl (:/L'fJ
~ ~r'nl.Jh.s'./.; .,A ALL.~ ~.. ~..r L!r -(JJh "'#JJLl~1?..-
~<r"...n..; G O?A / /
LIJClI~on f9t' +- /lJ9 y -< ' -. :5T..t
~ .-. ,,~
APN t!2/~ b - oS l. i' -,;z. I q. Z z.. Ward -?
DlBRC Meeting Date ..2 I /'Y In 'L,.
r
GENERAL PLAN
Land Use District C &;.-1
Specific Plan -
_ RDAProjcct Area
_ Hillside Management Overlay District
- Main Street
_ Fxeeway Con'idor
Consistency: (Goals, Policies, aDd Objectives that supportIconfI.ic:t wi1h the project)
.
Pl\2e 1 of 4
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PEB-13-02 'B122 PROMICi~y 0' B8dfto Plng/81dg
rD....384&..li
"lIIIIB~ 31'.
DEVELOPMENT CODE COMPLIANCE
4
Site P1a1lILayollt/Builtling Oriemation .l:7/S:-r''1
. -
ArchitcaurallElcvatiOll8 t!:' N.1S""i)/vO
I
Design GuideJu.
, Setback.~
~uired Pronased
Front /0 ~ S ..... II '1
Side
Rear
Lot Coverage ~-o ~'i "'/6.3
FAR. I
PaIldng ~/2- ~/'J II L
r
H_C. Spaces (19~ ~ , .4/JI
, '$
I ' ...tJscaping l.f#f:. :il:.J:.-. .
-
I ) (19.28~..." '" 'u:'~.o.Ij
PathofTravelJ ....0 ,..... d~.\t
. Street Dedication
Mat=rial Mix
Screening
WallsIFeJICe$
Utility Connections
Other
Page 2 of4
11100
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PBe-13-e2 18,23 PROM.CI~y Dr SBdna Pln.'8l_.
.lusa.a..2",D1JIctW
ENVIRO~ALFAcroRS
_~uakeFaultZone _ Liquefaction
- SubsidellcelSlidc _High Wind
- FlooO Zone _ High Ground Water
_ Foothill Fire Zone
- HuaNollS Waste Site _ Pipeline
- Noise _ Airport District
_ Biological ReaouICe8 Overlay _ Historicall.An:haeological
- Other
Studie&lReports Required.
Environmental Determination
~ Exempt per Section .IS ,3,,0 / ..t~(.f~~AJ. ~J '1:"1;"~
_ Negative Declaration I '
_lvfitigated. Negative Declaration
- EIR
OT'AF.R DEPARTMENTS/OUTSIDE AGENCIES
_Building Plan Check
- F"L'"O
_ PaW. Rccteation. and Commll'1ity SeMces
_Police
- Public Set'\ices - Refuse
_ Public Wades - Eqineering
- Public Works - Traffic
- Water
_ Other
Page 3 of4
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F..-13-e2 1..1& PNOM;Ci~y or SSdno Plng/8Jds
ID.e88:384&8e8
P.PtG'B
5.1"~
"'-' "Iv I ~n.:
.
A~.A ~ AAJ. A.~ ~I"". /ir . J.I)./
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A^// ~/~~A.('
44. "
.6~1 L ~Q "" L (} -d 'It';o, All ole. 1fI/IIL
/ .
Page4of4
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ID..e."_6eee
P~. B'.
PEe-t3-e2 le-24 PROMICI~Y or .8dna Plne/Bads
CITY OF SAN BER.~ARDINO PLANNL~G & BUILDING SERVICES DEPARTMENT
SITE PLAN CHECKLIST
.. PlaJIs Shall be ~ 10 scale by . qualiliecl indiviclual such IS an .....Mm. cngmeer or litcased buildini designer.
.. OlStln&vilh~"" exiStinl (dashecI tines} IIId poposecI (solilllina} md show 5I.lfflCicttl dim....ioas 110 d&fine all ws.
THE FOl.LOWING ITeMS SHALL BE SHOWN AND LA RF1 1':0 ON THE SllBMI'TTEO srn PLAN:
C CI Property 1_ 1Dld d!rllaulons
C 0 DuiidiQ& IIId -- fooIprials
o Ii! PwlIq,.iPory p1IdiIIs aJldlll'lhod of cilaiDinI
lIIe lib.
o. ~ .,1IIcw all poiIIls 3f ilIpss IIId
mas; b) shO'IF coaftillt poins sach as Olbcr
dr.". .' wilIlia :;00 fteI:
01 ~e~ ",eel driveways (_ lle on . ....-
pla:l): C} muSt sIlolw pIIIl or_I ac.__
driveow&:'.
o IB PIdciA& Ia.yout~,uullld b:eliGlI
of eIdIllllII. !laekola __ dri.vllIg
aiIIeI, IIl4 typt or $ldlcI;l& pIIlpOHd.
o III HamtAp partiDc. fillips. sips ad
1l""-1IIlId;iap.
O. CoIImIe__uPnWlllllpavecl
VIlllic:lIlIr _ fiGm....1I ~. ilW-
D. 6" x r wbcel CII%b IIId millilD1IIIl 2 112 fOOl
iaDdsca;le divider _d .....,.ny lines ancI
_.
81
1.oa4inS_(I9"'IS'}
I ,.... per 4 JlIlIIdag sWI$ ~
WD~IIId_Oflll_-
r.-iaD oIwarfsewer IlIIlIIs.
\JIliaIeID n,m.ar-way <- Dtpt. ofPubllc Works).
o III f'11llUlfle - -. _terIlat. """'_ rialll-of.
...y. impIoV_ts IIId ~~
81 Loc:IIIioo' beiptlllll ",11"",1,,: ,orwallsancl&aca.
LocaIIon or lefu$e caclasures willi waJI bariabt IIIll type
of___
o 0 0lI1Side IlDJ'I&e _1Il41Mlbod of 5Cl'1lllM&.
00 [J Loari- and medIod of li&fldaI (llood"'C deYlces).
. L....- offin: bydraats.
o [J YIlllIlld.,..bdW_""~~orbelwccal"opctl1
liMIlllllllllilclqs.
o . 0 SedlId; diIlInces: ~ b)!onllqult;e; c) flood
COlllJOl
o 0 Si.....1IId iDIaillr waIka b1cWiq naap$ 8IIll cub
talIIp5.
[J. Llndse\p1!lJ: buIldlllS saIlKtS, ,..kloo'lY -' l1IqUire<f
pen:elll of.-ilIa Iols.
o. l.oeIUonmap(~IlIIlp}..
o 0 lololtlul'lll'" IlId _ W-IO" :zoo 30' ev:.}.
00
TIiE P!..ANS ~ q;>NTAJN DIE rot I t"\UINt'\ tNPCaMAnON IN A LIiOEND:
8ri
~ IllaIap or paa IlId IItt IICrWt&e of
Ilt(>pa'ly.
Sqllll'e fooII&e o~lD& or lIdcI/oIfoo
Squm fooaI&tor~--.1IId
propoMd wi1Il diZll__ Illd pcrccIIt of
1alIlISCIpiz\s.
Lo< CO\'1IfOIC ~).
I'lIdq nqlIin:d. perkillc psovidcd (covered
lIIld _...ed).
1')rpe of""'''''', -=teD.
AutonrI!7 spriIIklas ill buiJdip&. (yes ClI' ao).
LaDlI Use DiIIricr.
8~
00
8~
~D
08
88
DO
o.
lJo'i'~~
llulIIbet of emp~ (if/mowal.
$qaIw1bGl1lp or.-lllc (It'lppliclble).
N-.. 01''- ' ...
~. PIICII Nmnber.lepl del .ijllIoIlllldadchu.
Name, --. and plIoae IlIllDbk of plan j)leplnlf 3D4
tppI"",
L14~ ZoIm (Yes or No).
I HBEBY ACKNO'lr'L!OGE THAT 1 HAVE INO-ODED ALL OF THJ;: ITEMS USTEJ) ABOVE AND tJ1IIl)Elt..
STAND THAT MISSING ITEMS "'1LL RESULT IN THe DELAY OF THE PR.OCI!SSlNO 01' MY APPUCATION.
DAn
SKlSAT\JU(AfPI.lC.UIT)
lM.n
S\CPIA TUllE (!'I.AN _...UtI
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~ i
JoeA. Ramos, AlA
Architect . C-I9076
Architecture . Planning
.
CADn
Interiors
.
TO:
City of San Bernardino
Development Review Committee
January 30, 2002
RE: Project Description and Improvement plans
PROJECT: Proposed California Discount Mall
& Autoworld Auto Sales @
998 & 1094 So. "E" Street
San Bernardino, CA
Dear Committee Members,
The above project consist of a two proposal on two separate parcels submitted
conjunctively. Jose J. Jara/Jara Holding Second LLC is the owner of both parcels and is
the applicant for both projects.
The existing parcels consist ofa vacant bank building and the soon to be Vacant Toys-R-
Us retail building. We are proposing to replace the Toys-R-Us building with a Discount
maIl and the vacant bank building into Auto Sales dealership. It is our serious intent to
expedite these projects in order to mitigate any possibility of any more vacant buildings
within the area.
The application consists of the proposed interior building modifications, site parking and
improvements and lot line adjustment to aIlow better uti1ization of both parcels. Although
not submitted with this application we are proposing upgraded exterior improvements to
both building. In the near future we will be proposing exterior Architectural features
and new signage for the Discount Mall and exterior improvements to the exterior wood
siding compatible to the Pier -I store directly across the street, for the Auto Sales
building. All on site and streetscape landscaping will also be upgraded in compatibility
to the City's "E" Street guidelines. All proposed improvements would obviously be
submitted and approved through the proper agency process.
We are requesting your positive review of our proposal and hope you understand our
urgency not only for the economic vitality of the area but also the aesthetic benefits this
project will bring.
Respectfully Submitted,
Joe A Ramos AlA
Architect
Jose J. Jara
Owner/applicant
207S North F1TlIt Avenue . lInland. C'.lIlifnmia 917114 . Te1/Fax, 909. 9&1-3171 . F~mai1, iaramoslOll!te.net
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~'tr4U8tc P!mmil1ll4c EIw~al ~",/J:e.
LILBURN
CORPORP,TlON
May 2. 2002
.loBe Jara
741 SOUIh Allen SIrI!<<
SIn eemlll'Cllno CA 92408
IlIA FACSIMU 9Q9-8tO-1186
[)IIBr Mr. Jara:
No lhe reqU88l of V!lIerie FloIe at \he CIly of San eemardlno Pl8l\nlng DepIl'lm8IIt. we have
prepll8d a lIGOp8 .". 8MYIoee and "'011 ~.rd co.t ..dIn_ related to ~ the cay cI San
eemardnO 1'Illnr*~ DepIrll'IlIIU ItIII 1iIIh ~ of etafl I'llPOI18 and A.Od-~
I:OIldItiona of appIO\'t1 and Rnt\II1gI. In onlef to expedill' !he tnaJ proc I 119 01 )'OOf Plopoeed
proledslOOlleCl atorg E StTMt III SIn BernardInO.
EI&Hd on our I:IrIef:llael '1ft of the project we llI'I\lClpIW th$t WI! WClIM 888i8t lh8 CIty $taff
1tlfOUgh preperalioft Ii 8IIiff reporIB.lncIUclftlI.....ldIIIOn8 of app_I 1!Iftd.ny neo.."Y fil'dllOS
to suppotl projeGt .~f1RWll1. TtllIllCOP8 oI..rv\CellIIIlJmll8llat aI r&pOl1ll and c;IoeuI1lIIn1* wID
be ~ In c:lI'lllt form IJIld dh.ttlollbd'y .anen,m.,d to the PIannInO ~ .. peniOI'I
tor ftnaI d. publIo!llan end dl.....JIIcI\.
Aa Me. R068 rn&:\' have menaOl1ed to you. UIlum eorporaUon ataff has Ioog-8laIVIng
te/aIklnlIh~ wIltllne Cl\y s&aff lIlIlpOl1IlIbIe far \lIOIeCl1'llVllW. comment and plQlJt.aailg. 0\1"
approach to pnljBct management \rlCllIdM a pI'OIICUY& lI8IIIIIIIlIIl8 of poIiWlIllI leeuee and
anllclpaled ....:lI1CI8I'l~of 0Iy tIllII.
The ED1II..ated BlJd.~ for this tBBk Ie $1,200, howe'M you wIll:le i\MliOQd on an adUlllllme
and material b8Ilis. B8IIld an yaur .-ptII1ll& of lh8 ",<4J088d Scope oJ l$eM::8S. we wi!
begin work Immll$tllly.1nvoIoIng you upon uOi.ipIeI\clrt. Payment would .,.~ted wI\Nn 10
day8 oll'llCllivlng th'lln\to1Ce.
In order to begln pI~ of the SIIIf Repart. and Uf\der8laJld the d8l8l1s of your projecI. we
wi! be mee!Ing wit". Ma. f1oB8 ClIl Monday ~ May 6. 2002. tr;I obtain copleII of the proJect
deeerlpllon 8IId olI1t11' perlInent Infonnallon. Pl8Me do not t..tete to contact us If you haw
any fl.fther queetlons or 0CIIllIllGlIta. .
If you willh to Pl\'lC$ed. please sign Ihe AuIhoriallon below and retUm to us by both Facsimile
(890-1809) and mall.
~~
0ebIa Moler. AlCP .
seniOr PlaIWllJl'
~moTO_~n DATE~'L
1!lO:i BUliDm Co1JIaI Drift' SIn ~ ' CA 9140S . 909.\190-1818 'm 9W.lI9().J809
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.3
SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
BEARING DATE:
WARD:
Conditional Use Pennit No. 02-0 1 and Lot Line Adjustment 02-01
1
June 4, 2002
3
OWNER:
Jara Holding Second, lLC
741 South Allen Street
San Bernardino, CA 92408
909-890-0123
APPLICANT:
Jose J. Jara
741 South Allen Street
San Bernardino, CA 92408
909-890-0123
REQUESTILOCATION:
A request to establish a an Indoor Retail Concession Mall and Auto Sales Facility on a 4.1 acre
parcel with the proposed re-use of the two existing structures, located at the southwest comer of
E Street and South Mall Street (998 and 1094 So "E" Street) in the CG-l Commercial General
land use district. The Lot Line Adjustment will redefine the existing lot lines, which form two
existing parcels, resulting in two lots.
CONSTRAINTS/OVERLAYS:
611 None
ENVIRONMENTAL FINDINGS:
[J Not Applicable
611 Exempt, Section 15301, Existing Facilities
[J No Significant Effects
[J Potential Effects, Mitigation Measures and Mitigation MonitoringlReporting Plan
STAFF RECOMMENDATION:
611 Approval
611 Conditions
[J Denial
[J Continuance to:
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Conditional Use Permit No. 02-01 and Lot Line Atfjustment No. 02-01
Meeting Date: June 4, 2002
Page 2
REQUEST AND PROJECT DESCRIPTION
The applicant requests approval of an auto sales facility and an indoor retail concession mall (i.e.
indoor swap meet/discount mall) through the following land use entitlements:
. A Lot Line Adjustment under the authority ofDeve1opment Code ~ 19.48.110 to adjust
existing lot lines forming the two existing parcels, to create two new lots.
. A Conditional Use Permit under the authority of Development Code ~ 19.06.020 Table
06.0LB.3 and 1.6. for the establishment of an auto sales facility and an indoor retail
concession mall. Since both uses require a Conditional Use Permit the entire site is included.
SETfINGISITE CHARACTERISTICS
The site is situated at the southwest corner of S. "E" Street and S. Mall Street (998 and 1094 S.
"E" Street). The 4. I-acre site is configured into two parcels, and contains two existing structures.
The smaller structure closest to the comer was previously used as a bank, the applicant proposes
to use the 2,534 SF structure for offices related to automobile sales; the larger structure was
previously used by TOYS R US for retails sales, the applicant's propose to use the 34,694 SF
structure as an Indoor Retail Concession Mall.
The surrounding land uses include a vacant restaurant on the north side of S. Mall Street; the
Warm Spring Flood Control Channel and Moss Bros. Dodge to the south; a Furniture Sales
outlet, Pier 1 Imports and a 99cents Store across "E" Street to the east; and 6naIly the west
boundary of the site is formed by the Flood Control Channel, followed by parking lot for Inland
Center Mall.
BACKGROUND
The Development/Environmental Review Committee (D/ERC) conducted a preliminary review
of the project on February 14,2002. The D/ERC recommended revisions to the project, however
they supported the Categorical Exemption per CEQA Guidelines Section 15301, pertaining to
the use of existing facilities.
The revised project plans were reviewed by the D/ERC on April 4, 2002. The D/ERC cleared
the project to the Planning Commission. The proposed conditions of approval and findings of
fact reflect the comments and recommendations of the D/ERC.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The proposed project is categorically exempt from CEQA, pursuant to Section 153012, Reuse of
Existing Facilities.
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Conditional Use Pennit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4, 2002
Page 3
FINDINGS AND ANALYSIS
CONDffiONAL USE PERMIT
1. Is the proposed use conditionally permitted within, and would rwt 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, a Conditional Use Permit is required for both the proposed Automobile Sales and
the proposed Indoor Retail Concession Mall. The Automobile Sales complies with
provisions of Development Code Section 19.06.030.2.D. The applicant bas indicated that
no vehicle servicing or repairs will be conducted at this site. The Indoor Retail
Concession Mall complies with provisions of Development Code Section 19.06.303.2.J.
The proposed uses comply with all applicable provisions of the Development Code and
General Plan as shown in Table A below:
DeveloDment CodelGenenl Plan Conformaoce
CATEGORY PROPOSAL GENERAL
DEVELOPMENT CODE PLAN
Permitted Use Auto Sales, and Permitted subject to N/A
Indoor 1U:tail Concession Mall Conditional Use Permit
Emting Bulldinc
Height Single Story 2 story 2-story
AnDroximatelv 32 feet max. 1 30-feet 30-feet
Setbacks Emting conditions
- Front (E Street) 7 feet min. I 10 feet N/A
- SidelRear 2 feet o feet N/A
- Side Street 7 feet miD. I 10 feet
J .anilocaping EDsting condition
15.7% ofparking area 15% of tile surfiIce parking area N/A
22 403 SF 21344 SF
Lot Coverage Existing Condition N/A
20% 50%
Parking
- Standard 227 spacesl 229 spaces N/A
- Handicap 5 spaces 5 spaces
Minimum Site Area
- Auto Sales 33,638 SF (parcell) 15,000 SF N/A
- General Comm 145,884 SF (parcel 2) 10,000 SF
.-
See discussion regarding Nonc:ollformmg Structures.
Section 19.62.020(8) of the Development Code contains provisions applicable to the reuse of
existing nonconforming structures and/or sites. The applicable provisions are addressed as
follows:
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Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4. 2002
Page 4
A Landscaping sha1l be upgraded and maintained in a viable growth condition and
irrigated in compliance with Section 19.28.030(10).
All existing landscape and planter areas will be upgraded with viable plant material
and irrigation as portrayed on the Site Plan.
B. The parking lot landscaping sha1l be a minimum of 15% of the required parking lot
area. However, if it is physically impossible to meet the minimum requirement the
Director may approve a reduction in the amount of1andscaping required. No
landscape improvements are required in areas not vis1"ble and/or acce8Sl"ble to the
public.
The proposed project will provide landscaping within existing planters and setback
areas for a total of 21, 344 SF, which is 15.7"/0 of the existing parking lot area.
However, due to the existing improvements on the site, the front setbacks along E
Street and South Mall Street will be maintained at 7-feet, rather than the current code
requirement of 10-feet.
C. Existing required parking spaces sha1l not be removed to provide additional
landscaping.
Existing parking spaces on-site currently total 256, however, 29 of those spaces will
be reserved for Auto display area, therefore 227 spaces are intended for customers
and employees of both business. The Code requirement is II spaces for the Auto
sales facility, and 218 fOT the discount mall for a total of229.
The Director bas determined that the proposed auto sale fiIcility and the discount mall
are suitable uses fur the site, and that the provision of227 pmking spaces (mcluding 5
fur handicap use) is adequate fur the function of the site due to the existing liIciIities at
the site, and that a reduction of 1% in the required parlcing will not negatively effect the
function of the intended uses.
J. A noncoufoutling structure may be reoccupied without complying with the building
dimensional requirements pertaining to height, setbacks and/or lot coverage. All other
requirements of the Municipal Code, including but not limited to provisions of this
chapter, shaD apply to the reoccupancy of the structure.
Architectural elements of the building proposed fur use as a discount mall are
approximately 2 feet taller than Code requirements fur uses in the CG-lland use district.
However, the structure is appropriate fur the proposed use and the variation in height of
the existing architectural fenestrations will not be detrimental to the CG-lland use
district or the proposed use.
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2.
II
Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4, 2002
Page 5
Is the proposed use consistent with the General Plan?
Yes, the proposal is consistent with the General Plan goals, objectives, and policies as
follows:
General Plan Goal1A states: Provide for the continuation and development of
sufficient land uses to serve the . . . commercial. . . needs of the existing residents
and population growth
General Plan Goal1B states: Provide employment opportunities for existing and
future residents of the City and those of adjacent communities.
General Plan Objective 1.2 states: Provide for the continuation and development
of land uses, which offer a minimum of 27,000 new employment opportunities.
General Plan Goal 1 G states: Achieve a pattern and distribution of land uses
which. . . b). allow for irifill and recycling of areas at their prevailing scale and
character; and c) provide for the revitalization, adaptive reuse, and upgrade of
deteriorated. . . districts.
General Plan Policies 1.7.16 and related Policy 1.19.11 state: Allow for the
continuation and development of new and used car dealerships in all General
Commercial areas (except Specialty and University-reIated areas) along major
and minor arterials, with a Conditional Use Permit.
General Plan Policy 1.19.10 states: Permit a diversity of community-serving retail
and service uses. . . in areas designated as "Commercial General" (CG-l).
General Plan Policy 1.19.35 states: Require that adequate vehicular and service
flows are provided between individually developed parcels.
The proposed uses will promote and implement these General Plan Goals, Objectives,
and Policies. The projects propose creative reuse of existing conunercial structures - the
structure previously used as a bank is proposed as offices related to automobile sales; and
the previous TOYS R US store is proposed to be utilized as an indoor retail concession
mall. The proposed project will provide both employment and small business
opportunities for local residents, and in addition, automobile sales uses are specifically
encouraged in the CG-1 district along major and minor arterials, such as E Street. Both
the automobile sales and the indoor retail concession mall add to the diversity of
conunercial and services business in the area.
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?
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4.
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Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4, 2002
Page 6
Yes, the project is exempt from CEQA under Section 15301, pertaining to the use of
Existing Facilities.
Are there potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored?
No, as identified in Finding No.3 above, the project represents the reuse of two existing
buildings and associated site improvements. The proposed uses are expected to generate
similar traffic patterns as the previous uses for which the site was originally developed.
5.
Are the location, size, design, and operating characteristics of the proposed use
compatible with the existing and future land uses within the general area in which
the proposed use is to be located and will it create significant noise, traffic or
other conditions or situations that may be objectionable or detrimental to other
permitted uses in the vicinity or adverse to the public interest, health, stifety,
convenience, or welfare of the City?
The proposed project is compatible with the area in which it is proposed., and will be a
complementary land use to the swrounding retail commercial activities.
6.
Is the subject site physically suitable for the type and density/intensity of use
being proposed?
Yes, the site is physically suitable to the type and densityfmtensity of the uses being
proposed, as noted in the Project Description and compliance with provisions of the
Development Code and The General Plan as discussed in the staff report.
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 stifety?
All agencies responsible for reviewing access, and providing water, sanitation, and other
public services have had the opportunity to review the proposal through the City's
Development Review Committee, and none have indicated an inability to serve the
project. The DRC recommended that the project review be forwarded to the Planning
Commission; and the proposal will not be detrimental to the public health and safety in
that all applicable Codes will be applied.
The location and size of the proposed projects are compatible with the area in which it is
located. The proposed Automobile Sales and the proposed Indoor Retail Concession
Mall are complementary to other retail and services uses along E Street.
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Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4, 2002
Page 7
LOT LINE ADJUSTMENT - Any adjustment may be files pursuant to the provisions of
Development Code ~ 19.48.110 to adjust the boundaries between 2 or more adjacent parcels
provided that the proposed adjustment does not:
1. Create any additional or fewer parcels;
The site is currently comprised of two parcels, which will be reconfigured to result in
same number of parcels.
2. Include any parcels which are not legal as defined in the Municipal Code;
The proposed Lot Line adjustment does not include any parcels that are not legal parcels.
Each parcel created meets the minimum required area of 10,000 SF (15,000 SF for
automobile sales) as defined by the Development Code Table 06.01; Parcell is 33,638
square feet and parcel 2 is 145,884 square feet (3.3 acres).
3. Impair any existing access or create a need for new access to any adjoining parcels;
The Lot Line Adjustment will not create the need for new access points into the site or
into the adjoining parcel. Currently the site is served by one drive approach from South
Mall Street and two drive approaches from South E Street. Reciprocal parking and
access agreements will be in effect for the two parcels to fimction, as they had with the
previous site tenants.
4. Impair any existing easements or create a need for any new easements serving adjacent
parcels;
The use of the site incorporates blanket reciprocal access and parking easements for the
two uses to operate efficiently. This arrangement is a continnllfion of the existing
condition.
5. Require substantial alteration of any existing improvements to create a need for any new
improvements; and
The Lot Line Adjustment is being proposed in conjunction with an application for a
Conditional Use Permit for the re-use of two existing structures. The only site
improvement contemplated by the application is the establishment OfllWd..,..aping within
the existing planter areas on the site. No improvements are required strictly as a result of
the proposed Lot Line Adjustment.
6. Adjust the boundary between parcels for which a covenant or impruvement requirements
has been recorded and all required improvements stated herein have not been completed
unless the DRC determines the proposed adjustment will not significantly affect the
covenant of improvement requirements.
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Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4, 2002
Page 8
No known covenant for required improvements is applicable to the project site. The
proposed Lot Line Adjustment simply provides a more logical arrangement of site area
and parking spaces for the two proposed users at this time. The DRC recommended
approval of the LLA as well as the CUP on April 4, 2002.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of Conditional Use Permit No.
02-01 and Lot Line Adjustment No. 02-01.
RECOMMENDATION
Staff recommends the Planning Commission:
. Approve Conditional Use Permit No. 02-01and Lot Line Adjustment No. 02-01, based upon
the Findings ofFact contained in this Staff Report and subject to the Conditions of Approval
(Attachment C) and Standard Requirements (Attachment D).
Respectfully Submitted,
James Funk
Director of Development Services
Valerie C. Ross
City Planner
Attachment A
Attachment B
Attachment C
Attachment D
Location Map
Site Plan, Elevations, Landscape Plans
Conditions of Approval
Standard Requirements
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II
ATTACHMENT A
u
CITY OF SAN BERNARDINO PROJECT: CUP 02-01 &
PLANNING DIVISION LLA 02-01
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 6/4/02
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1.
Conditional Use Pe,.",;t No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4, 2002
Page II
ATTACHMENT C
CONDmONS OF APPROVAL
Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
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: June 4, 2004
2.
The review authority may, upon application being tiled 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 that this approval is legally challenged, the City will promptly notify the
applicant of any claim, action, or proc-e...ling and will cooperate fully in the defense of
the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless
the City of San Bernardino (City), the Economic Development Agency (EDA), any
departments, agencies, divisions, boards or commissions of either the City or EDA as
wen 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 and the Economic Development Agency of any costs
and attorney's fees which the City or the Economic Development Agency 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 section.
The costs, salaries, and expenses of the City Attorney and employees ofhis office shall
be considered as "attorney's fees for the purpose of this condition.
4.
As part of the consideration for issuing this permit or approval, this condition shall
remain in effect if this conditional Use Permit is rescinded or revoked, whether or not at
the request of the applicant.
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"10 of the fonowing allowable measurable design/site considerations shall require the
retiling of the original application and a subsequent hearing by the appropriate hearing
review authority if applicable:
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Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4, 2002
Pagel2
a. On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structureS;
c. Reconfiguration of architectural featureS, including colors, and/or modification of
finished materials that do not alter or compromise the previously approved theme; and,
d. A reduction in density or intensity of a development project.
5.
No vacant, relocated, altered, repaired or hereafter erected structure shal1 be occupied or
no change ofuse of land or structure(s) shal1 be inaugurated, or no new business
commenced as authorized by this permit unti1 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 faitbful 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 offumes, vapors, gases and other forms of air
pollution; glare control; exterior 1ighting 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 unti1 they are
complied with. Specific areas are noted below for reference:
. Lighting _ (Development Code Section 19.20.030.14) Exterior 1ighting shal1 be
energy efficient and shielded or recessed so that direct glare and reflections are
contained within the boundaries of the parcel, and shal1 be directed downward and
away from adjoining properties and public rights-of-way. No lighting shal1 blink,
flash or be of unusually high intensity or brightness. All lighting fixtures shal1 be
appropriate in scale, intensity, and height to the use it is serving. Security lighting
shal1 be provided at all entrances.
. Noise _ (Development Code Section 19.20.030.15) No loudspeakers, bells, gongs,
buzzers, mechanical equipment or other sounds attention-attracting or communication
device associated with any use shal1 be discemable beyond any boundary line of the
parcel, except fire protection devices., and burglar alarms.
. Screening - (Development Code Section 19.20.030.21) Any equipment, whether on
the root: side of structure, or ground shall be screened. The method of screening shal1
be architecturally compatible in terms of color, shape, and size. The screening shall
blend with the building design and include landscaping when on the ground.
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Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
Meeting Date: June 4, 2002
Page 13
7. Signage is not included in this permit. Permanent signage will require a separate permit
through the Development Services Department. Indoor Retail concession Malls shall be
considered one tenant for purposes oftbe Development Code Sign Standards.
8. The applicant shall be responsible for posting of signs prohibiting litter and loitering with
management enforcing this and maintaining the area free of litter and graffiti.
9. Exterior lighting sba11 be sufficiently and properly maintained to illuminate all areas of
the exterior of the building and property for easy detection of suspicious and crimina1
activity.
10. lffacilities for vebicle washing and/or detailing are provided at the Automobile Sales
site, the applicant shall install oil separators or other facilities capable of eliminating the
discharge of oils or chemicals from the site. Such facilities shall be sized to
accommodate the vehicle washing and detailing which will occur on the site, and sba11 be
submitted to the Public Works Division for review and approval within 30 days of
approval of CUP 02-01.
11. This permit or approval is subject to the attached conditions or requirements of the
following City Departments or Divisions:
a. Development Services Department - Plan Check Division
b. Development Services Department - Public Works Division
c. Public Services Department - Refuse Division
d. Fire Department
e. Parks Recreation & Community Services Department
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CITY OF SAN BERNARDINO
Development Services Department - Planning Division
Memorandum
FROM:
Planning Commission
Valerie C. Ross~lanner
TO:
SUBJECT:
Agenda Item No. 1 - Conditional Use Permit No. Conditional Use Pemrit
No. 02-01 and Lot Line Adjustment No. 02-01
DATE:
June 13,2002
COPIES:
Henry Empeiio, Deputy City Attorney
BACKGROUND
At the Planning Commission meeting of June 4, 2002, this item was continued so that
staff could prepare Findings to support denial. Those findings are included in Attachment
1.
Attachment 2 includes revised Conditions of Approval. Staff believes the revised
Conditions address many of the concerns raised by the Planning Commission.
Joe Ramos, project architect, provided a letter and renderings of the building.
RECOMMENDATION
Staffrecommends that the Planning Approve Conditional Use permit No. 02-01and Lot
Line Adjustment No. 02-01, based upon the Findings of Fact contained in the June 4,
2002 Staff Report and subject to the Revised Conditions of ApproV.al (Attachment 2) and
Standard Requirements.
Attachments: 1 Findings of Fact
2 Revised Conditions of Approval
3 Letter from Joe Ramos
4 June 4, 2002 pIlmning Commission Staff Report (previously distributed)
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ATIACHMENT 1
Conditional Use Permit No. 02-01
FINDINGS OF FACT
Is the proposed use conditionally permitted within, a1uJ would not 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, a Conditional Use Permit is required for both the proposed Automobile Sales
and the proposed Indoor Retail Concession Mall. The Automobile Sales complies
with provisions of Development Code Section 19.06.030.2.D. The applicant has
indicated that no vehicle servicing or repairs will be conducted at this site. The
Indoor Retail Concession Mall complies with provisions of Development Code
Section 19.06.303.2.J. The proposed uses comply with all applicable provisions of
the Development Code and General Plan.
2.
Is the proposed use consistent with the General Plan?
No, the proposal is not consistent with the General Plan goals, objectives, and
policies as follows:
General Plan Goal 1 G states: "Achieve a pattern and distribution of land uses
which:
a. retain and enhance established residential neighbomoods, commercial and
industrial districts, regional-serving uses, recreation and amenities.
m. provide a high quality of life and secure environment for the City's
residents and businesses.
n. establish San Bernardino as a unique and distinctive place in the Inland
Empire and southern California region."
The proposed uses will not promote and implement this General Plan Goal. The
projects will change the character of South ''E'' Street. With the exception of
Moss Bros. Dodge, there are no other vehicle sales lots in this area. The retail
sales operations in the immediate area are located in single tenant buildings or
multi-tenant centers. There are no other Indoor Retail Concession Malls in this
vicinity.
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 project is exempt from CEQA under Section 15301, pertaining to the use
of Existing Facilities.
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4.
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Are there potentially significant negative impacts upon environmental
quality and natural resources that could not be properly mitigated and
monitored?
No, as identified in Finding No.3 above, the project represents the reuse of two
existing buildings and associated site improvements. The proposed uses are
expected to generate similar traffic patterns as the previous uses for which the site
was originally developed.
5.
Are the location, size, design. and operating characteristics of the
proposed use compatible with the existing and fUture land uses within the
general area in which the proposed use is to be located and will it create
, significant noise, traffic or other conditions or situations that may be
objectionable or detrimental to other permitted uses in the vicinity or
adverse to the public interest, health, safety, convenience, or welfare of
the City?
The proposed Indoor Retail Concession Mall is not in keeping with the PlAtl11ing
Commission's vision for the revitalization of South "E" Street and it's connection to
Inland Center Mall.
6.
Is the subject site physically suitable for the type and density/intensity of
use being proposed?
Yes, the site is physically suitable to the type and density/intensity of the uses
being proposed, as noted in the Project Description and compliance with
provisions of the Development Code and The General Plan as discussed in the
staff report.
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?
All agencies responsible for reviewing access, and providing water, sanitation,
and other public services have had the opportunity to review the proposal through
the City's Development Review Committee and none have indicated an inability
to serve the project.
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ATTACHMENT 2
REVISED CONDITIONS OF APPROVAL
Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
1.
Within two years of development approval, commencement of construction shall
have occurred or the permit/approval shall become null and void. In addition, if
after commencement of construction, work is discontinued for a period of one
year, then the permit/approval shall become null and void.
2.
Expiration Date: June 18, 2004
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 that 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 the matter. Once notified, the applicant agrees to defend, indemnify,
and hold harmless the City of San Bernardino (City), the Economic Development
Agency (EDA), any departments, agencies, divisions, boards or commissions 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
and the Economic Development Agency any costs and attorney's fees which the
City or the Economic Development Agency 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 section.
The costs, salaries, and expenses of the City Attorney and employees of his office
shall be considered as "attorney's fees for the purpose of this condition.
As part of the consideration for issuing this permit or approval, this condition
shall remain in effect if this Conditional Use Permit is rescinded or revoked,
whether or not at the request of the 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 appropliate hearing review authority if applicable:
.
.
.
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I.
.
.
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a. On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
c. Reconfiguration of architectural features, including colors, and/or
modification of finished materials that do not alter or compromise the
previously approved theme; and,
d. A reduction in density or intensity of a development project.
5. No vacant, relocated, altered, repaired or hereafter erected structure shall be
occupied or no change of use ofland or structure(s) shall be inaugurated, or no
new business commenced as authorized by this permit until a Certificate of
Occupancy has been issued by the Department. A temporary Certificate of
Occupancy may be issued by the Department subject to the conditions imposed on
the use, provided that a deposit is filed with the Department of Public Works prior
to the issuance of the Certificate, if necessary. The deposit or security shall
guarantee the faithful performance and completion of all terms, conditions and
performance standards imposed on the intended use by this permit.
6. This permit or approval is subject to all the applicable provisions of the
Development Code in effect at the time of approval. This includes Chapter 19.20 -
Property Development Standards, and includes: dust and dirt control during
construction and grading activities; emission control of fumes, vapors, gases and
other forms of air pollution; glare control; exterior lighting design and control;
noise control; odor control; screening; signs, off-street parking and off-street
loading; and, vibration control.
Construction-related Conditions
7. Exterior lighting shall be energy efficient and shielded or recessed so that direct
glare and reflections are contained within the boundaries of the parcel, and shall
be directed downward and away from adjoining properties and public rights-of-
way. No lighting shall blink, flash or be of unusually high intensity or brightness.
All lighting fixtures shall be appropriate in scale, intensity, and height to the use it
is serving. Security lighting shall be provided at all entrances.
8. Both sides of the interior partition walls separating and delineating each tenant
suite/store shall be surface finished with either drywall and stucco or wood grain
slatwall panels. The delineating partition walls shall be a minimum height of nine
feet.
9. Each tenant suite/store shall have a minimum of seven feet in height of glass store
front, including storefront (glass) sliding doors or roll-up doors, mounted in 2" x
2" tubular steer frames. The glass storefronts shall be capped/crowned with a
minimum of two feet in height decorative wood and/or wood grain slatwall
panels.
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10.
II.
12.
13.
14.
15.
16.
17.
18.
19.
20.
The texture, materials, and colors to be used on the proposed buildings, fences,
and walls shall be subject to the approval of the Planning Division. If the color of
the building is to be modified, the revised color scheme shall be reviewed and
approved by the Planning Division prior to painting.
Prior to the issuance of Building Permits, the locations of all telephone and electrical
boxes shall be shown on the construction plans. Any equipment, whether on the
roof, side of structure, or ground shall be screened. The method of screening shall
be architecturally compatible in terms of color, shape, and size. The screening
shall blend with the building design and include landscaping when on the ground.
All vents and pipes attached to the exterior walls of all buildings on the property
shall be painted the same color as the surface to which they are attached.
Each tenant suite/store shall have hardwired telephone and communication cable
to terminals within the suite/store and conduit for computer outlets. The owner
shall furnish and install all outlets, switches, wiring, cables, and conduit for each
tenant suite/shop.
Each tenant suite/store shall have backing plates and blocking in the metal
framing of the partition walls to receive cabinet work for rigidly bolting
equipment, and for special braces or framing, for the attachment and support of
electrical outlets, plumbing and heating fixtures, and all other such equipment
requiring framing support.
Grid panels, wire accessories, wall mount brackets, display hooks, shelf brackets
and other such accessories shall be color coordinated within the mall and be
approved by owner prior to the installation by tenants.
All flooring surfaces shall be vinyl flooring, with floor surface to be adequate to
receive carpeting of individual tenant suite/shops. Each tenant shall be required to
obtain approval in writing of the owner of the carpet prior to installation, with
carpet co lors and texture to be coordinated.
The owner shall not install steel or iron bars on the exterior ofthe windows or
doors of any building on the property.
The minimum floor area of individual tenant suites/shops shall be ISO square feet
of gross floor area. The average floor area of all suites/shops shall exceed 500
square feet.
The minimum frontage of each store shall be ten feet in width. Store front doors
and/or openings shall not exceed 50% of store width.
If facilities for vehicle washing and/or detailing are provided at the Automobile
Sales site, the applicant shall install oil separators or other facilities capable of
--T
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eliminating the discharge of oils or chemicals from the site. Such facilities shall
be sized to accommodate the vehicle washing and detailing which will occur on
the site, and shall be submitted to the Public Works Division for review and
approval within 30 days of approval of CUP 02-01.
Si~nall:e
21. The applicant shall submit a Sign Plan to the Planning Division for review and
approval prior to installation of any signage. The Sign Plan shall contain
statements that the applicant/owner/operator acknowledges the provisions and
includes the following components:
. Indoor Retail Concession Malls are considered one tenant for purposes of the
Development Code Sign Standards.
· Any temporary signage may only be permitted for special events, subject to
approval of a temporary sign permit.
· No window signs shall be allowed in any building or structure on the property
at any time.
· The words "warehouse, swap/fleamarket, and similar terms may not be
included in any signage, and pictures or drawings depicting these terms are
prohibited.
. The language, location, size and design of signs prohibiting litter and
loitering.
. The type, location, size, and design of interior signs.
· All interior signage shall be mounted on walls and/or sign panels approved by
the applicant/owner/operator in writing prior to submittal of an application to
the City.
. The type, location, size, and design of exterior signs.
. No signage may be installed without approval/permits from the Development
Services Department.
Ooerational
22. Displays of merchandise outside of the interior of tenant suites/stores shall be
limited to protruding a maximum of 6 inches from the exterior of individual
suite/spaces at sliding glass door and/or roll-up door opening into the
hallways/corridors with the access points to the suites/stores to be maintained at a
minimum of 42 inches.
23. All sales and sales activity shall be restricted to the interior of the individual
tenant suites/shops. No merchandise shall be displayed and/or stored outside the
suites/shops, including, but not limited to wall or corridor space outside of
individual suites/shops.
24. All sales activities and/or displays of merchandise shall be conducted within the
building unless an appropriate permit has been obtained from the City.
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25.
26.
27.
28.
29.
30.
31.
32
33.
34.
35.
36.
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No storage of any kind shall be permitted outside of either structure on the
property.
All furniture and fixtures to be located inside the individual retail stall spaces
shall be of a permanent or semi-permanent type, and shall not include residential
type lawn/patio furniture.
No used or distressed merchandise shall be sold on the property at any time.
Merchandise may not be hung from light fixtures or the ceiling.
The graffiti placed on any building or structure located on the property shall be
removed promptly by the owner after its placement; failure by the owner to
remove such graffiti upon twenty-four (24) hours written notice from the City,
shall empower the City to enter upon the property and cause the removal, or
painting over, of said graffiti, at the expense of the owner. The owner shall
promptly pay, upon receipt of the City's invoice, all the City's reasonable costs of
such work.
Public pay phones may only be located inside the mall or auto sales facility
building.
The owner/manager shall require each tenant to obtain a City Business
Registration Certificate prior to commencing business operations/activities.
The owner/manager shall require each tenant to obtain a Seller Permit issued by
the California State Board of Equalization prior to commencing business
operations/activities.
All tenants shall keep and maintain cash register tapes and/or approved receipts
reflecting the amounts collected as sales and sales taxes. These receipts shall be
kept for a period offour (4) years and shall be available for inspection by the
City, at any reasonable time.
No loudspeakers, bells, gongs, buzzers, mechanical equipment or other sounds
attention-attracting or communication device associated with any use shall be
discemable beyond any boundary line of the parcel, except fire protection
devices, and burglar alarms.
The owner shall provide personnel for security purposes on the property during all
business hours at levels and in a manner as is approved by the City's Police
Department.
No tenant shall be permitted to sell any gang or drug related merchandise.
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37.
38.
39.
40.
No tenant shall be permitted to sell tobacco, liquor, or adult-oriented merchandise.
This permit or approval is subject to the attached conditions or requirements of
the following City Departments or Divisions:
. Development Services Department - Plan Check Division
· Development Services Department - Public Works Division
. Public Services Department - Refuse Division
. Fire Department
. Parks Recreation & Community Services Department
The applicant shall record a deed restriction that includes all of the foregoing
Conditions of Approval and Standard Requirements.
The applicant shall provide language in the lease agreements that includes the
foregoing Conditions of Approval, as applicable to tenants.
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: DESCRIPTION: ESTABLISH THE INDOOR
C.U.P. NO. 02-01 AND
L.L.A. NO. 02-01 DISCOUNT MALL AND AUTO SALES LOT
APPLICANT: JOSEJARA LOCATION:_998 AND 1094 SOUTH "E" STREET
b) 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.
c) 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.
d) 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.
e) 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.
f) Where the handicap accessible path of travel crosses drive aisles, it shall
be delineated by striping or textured/colored concrete pavement.
g) A reciprocal easement and a covenant running with the land that both
parcels are jointly and severally liable for maintenance shall be recorded
prior to grading plan approval if reciprocal drainage, access, sewer, and/or
parking is proposed to cross lot lines, or a lot merger shall be recorded to
remove the interior lot lines.
Page 2 of 5 Pages
6/14/2002
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Joe A. Ramos, AlA
Architect . C-19076
ATTACHMENT 3
Architecture
Planning
.
Interiors
.
.
CADD
June 13, 2002
TO: Planning Commission
City of San Bernardino,
300 N. "0" Street
San Bernardino, CA
[2 [g@[gDW[g@)
JUN 1 3 2002
RE: California Discount Malll Auto Wodd
CUP No. 02-01
ITV Of SAN BERNARDINO
CDEVEL.OPMENT SERVICES
DEPARTMENT
Madam Chairperson and Planning Commission Members,
In response to the Planning Commissions concerns of the previous meeting of June 4, 2002
We have been diligently working with staff to mitigate those concerns and clarifY our position
pertaining to the proposed project. Staff has developed conditions that we are in full agreement
with and feel they will mitigate the major concerns of the commission. We are providing interior
and exterior renderings of the proposed California Discount Mall for the commission to have a
better understanding of the quality of project we are proposing.
Our only request is that we be able to keep the original name of the project as California
Discount Mall. We feel very strongly that the name is imperative to the success of the mall. We
have done extensive research on this issue and all indications are that the name will not hurt but
will assist in the economic viability of the project. Our research has also found over 20+
business that use the name Discount, Bargain, Value, Payless, etc., in one form or another and
most seem to be very clean and successful businesses.
It is our intent to develop a long lasting business relationship with the City of San Bernardino
and the surrounding community, as indicated previously Mr. Jara has been doing business in the
City for more than 10 years and owns several other businesses in the Inland Empire. He feels a
strong responsibility to the communities he does business in and is committed to working with
the City and staff towards a successful project for all involved. We request a positive response
to our project and hope you will give us your most serious consideration.
2075 North First Avenue . Upland, California 91784 . TellFax: 909. 981-3171 . E-mail: jararnos@gte.net
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~ U,b"" J V..l J.
Joe A. Ramos
From: "Joe A Ramos" <Jaramos@gte.net>
To: 'Valerie Ross" <Ross_va@ci.san-bernardino.ca.us>
Sent: Wednesday, May 01,200211:16 PM
Subject: California indoor mall/toys r us
Dear Valerie,
I have been trying to contact someone in the planning dept. to check the status or our project as to where we stand in
preparation for the planning commission meeting in May.
We would very much appreciate minutes or conditions from our previous meetings so we can prepare forthe up comming
meeting. If there is anything we can do to assist you or your staff. please let us know.
I can be contacted at 909-981-3171 or cell at 909-855-1742 or this emall address.
Thank in advance for your assistance in this matter.
Joe A Ramos AlA
Architect
6/30/2002
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. "0- . ~.. ~
Joe A. Ramos
From: "Joe A Ramos" <Jaramos@gte.net>
To: <Ross_va@ci.san-
Cc: <jose-s@msn.com>
Sent: Friday, May 17, 2002 10:13 AM
Subject: California Indoor Mall
Dear Valerie,
We very much appreciate your response and are glad to hear that we are scheduled for the June 4, meeting. We can
appreciate your situation with the lack of staff and trying to keep up with all the issues you are confronted with. Please be
aware we were only requesting communication so we knew were we stood, all other departments have been very
cooperative in answering and addressing our questions and concerns. If there is anything we can do to assist you in
making your job easier please do not hesitate Mr. jara or myself.
We are available to meet with you at your convenience if you think it is necessary. We hope to receive any conditions or
staff report to review before the meeting. Again thank you for your response and we look forward to working with you in
developing a successful project for the benefit of all involved.
Sincerely,
Joe A Ramos AI.A
Architect
PS. If you need to contact myself or Mr. Jara @
Jose Jara 909-890-0123 (office)
909-534-4005 (cell)
Joe Ramos 909-981-3171 (office)
909-855-1742 (cell)
6/30/2002
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..o~
Joe A. Ramos
From: "Joe A. Ramos" <Jaramos@gte.net>
To: <Ross_va@ci.san-bernardino.ca.us>
Cc: <jose-s@msn.com>
Sent: Tuesday, May 14,20024:55 PM
Subject: California Discount Mall & Auto
Dear Valerie,
We are moving ahead with our submittal for the next possible Planning Commission meeting, However, I am very
concerned that I have not been able to talk to anyone pertaining to the project to clarify any outstanding issues that may
come up. We are urgently trying to expedite the project so that we are not left with a vacant building over time. Our
concern is to be sure that our submittal package is not missing any important information. We have contacted Debra at
Lilburn Corp. and were told that she is only preparing the staff report and cannot answer any questions pertaining to the
project and that all questions should be directed to you. Therefore, we are requesting an appointment with you at your
earliest convenience to clarify any issues you may foresee. We only want to be sure we are prepared for the upcoming
meeting. Mr. Jara will be submitting the plans tomorrow May 15, and would very much like to meet with you at that time if
possible.
We would have been be glad to talk to you over the phone But Mr. Jara or myself have not been able to get through to
you. If things work out as they are planned for the next planning commission meeting in June it would have taken us 6
months just for the initial approval. We feel this has taken much to long for a such a simple project. Were are only asking
for fair and equal consideration so we can complete this project for the benefit of the City and the community. We have
agreed to any and all conditions to date and are willing to go beyond the standard requirements if only given the
opportunity.
Please contact either myself or Mr. Jara to confirm that you received this message so we can schedule a meeting.
Sincerely,
Joe A. Ramos A.I.A.
909-981-3171
Jose Jara,
909-890-0123
email jose-s@msn.com
6/30/2002
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~ ....0'"' 1 VI.. 1
Joe A. Ramos
From: "Joe A. Ramos" <Jaramos@gte.net>
To: <Ross_va@cLsan-
Sent: Monday, June 10, 2002 3:52 PM
Subject: Califomia Discount Mall
Dear Valerie:
It is my understand that you have developed conditions agreed upon by Mr. Jara, Mr. Funk and yourself at a previous
meeting. Please e-mail those conditions to me as soon as possible, so I can prepare the required responses for the
planning commission meeting. Would appreciate a quick response siince time is short.
Thank you for your consideration on this matter.
Sincerely,
Joe A. Ramos, A.IA
Architect
6/30/2002
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Page I of I
Joe A. Ramos
From: "Ross_Va" <Ross_Va@ci.san-
To: "'Joe A. Ramos'" <JaramoS@gte.nel>
Sent: Monday, June 10,20024:20 PM
Attach: James' COA.doc
Subject: RE: California Discount Mall
I met with Jose on Friday and told him I was going to modify slightly and reorder, but I haven't done yet. I'm
attaching what James prepared based on his meeting with Jose. Jose said that he could live with everything, but
he really wanted to keep "discount" in the name. I don't think my director will support that.
-----Original Messagem--
From: Joe A. Ramos [mailto:Jaramos@gte.net]
Sent: Monday, June 10, 2002 3:52 PM
To: Ross_va@ci.san-bemardino.ca.U5
Subject: California Discount Mall
Dear Valerie:
It is my understand that you have developed conditions agreed upon by Mr. Jara, Mr. Funk and yourself at a
previous meeting. Please e-mail those conditions to me as soon as possible, sol can prepare the required
responses for the planning commission meeting. Would appreciate a quick response siince time is short.
Thank you for your consideration on this matter.
Sincerely ,
Joe A. Ramos, A.I.A.
Architect
6/10/2002
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1 Uo.... 1 U.L 1
Joe A. Ramos
From:
To:
Sent:
Subject:
Valerie,
"Joe A Ramos" <Jaramos@gte.net>
''Ross_Va'' <Ross_ Va@cLsan-
Monday, June 10, 2002 8:46 PM
Re: California Discount Mall
Thanks much for the information. will be waiting for any other information forthcoming. What is the latest I can turn in
photo's or renderings for the upcoming meeting?
Joe R.
--- Original Message -
From: Ross_Va
To: 'Joe A Ramos'
Sent: Monday, June 10, 2002 4:20 PM
Subject: RE: Califomia Discount Mall
I met with Jose on Friday and told him I was going to modify slightly and reorder, but I haven't done yet. I'm
attaching what James prepared based on his meeting with Jose. Jose said that he could live with everything,
but he really wanted to keep "discount" in the name. I don't think my director will support that.
-----Original Message-----
From: Joe A. Ramos [mailto:Jaramos@gte.net]
Sent: Monday, June 10, 2002 3:52 PM
To: Ross_va@ci.san-bernardino.ca.US
SUbject: California Discount Mall
Dear Valerie:
It is my understand that you have developed conditions agreed upon by Mr. Jara, Mr. Funk and yourself at a
previous meeting. Please e-mail those conditions to me as soon as possible, sol can prepare the required
responses for the planning commission meeting. Would appreciate a quick response siince time is short.
Thank you for your consideration on this matter.
Sincerely,
Joe A. Ramos, AlA
Architect
6/30/2002
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EXHIBIT 6
CONDITIONS OF APPROVAL
Conditional Use Permit No. 02-01 and Lot Line Adjustment No. 02-01
July 15,2002 Revised
1. Within two years of development approval, commencement of construction shall have
occurred or the permit/approval shall become null and void. In addition, if after
commencement of construction, work is discontinued for a period of one year, then the
permit/approval shall become null and void.
Expiration Date: July 15, 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 proj ect complies with all current Development Code
proVISIOns.
3. In the event that 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 the
matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City
of San Bernardino (City), the Economic Development Agency (EDA), any departments,
agencies, divisions, boards or commissions 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 and the
Economic Development Agency any costs and attorney's fees which the City or the
Economic Development Agency 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 section.
The costs, salaries, and expenses of the City Attorney and employees of his office shall be
considered as "attorney's fees for the purpose of this condition.
As part of the consideration for issuing this permit or approval, this condition shall remain in
effect ifthis Conditional Use PermitILot Line Adjustment is rescinded or revoked, whether
or not at the request ofthe applicant.
4. Construction shall be in substantial conformance with the p1an(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:
I'
a. On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
c. Reconfiguration of architectural features, including colors, and/or modification of
finished materials that do not alter or compromise the previously approved theme; and,
d. A reduction in density or intensity of a development project.
5. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no
change of use ofland or structure(s) shall be inaugurated, or no new business commenced as
authorized by this permit until a Certificate of Occupancy has been issued by the
Department. A temporary Certificate of Occupancy may be issued by the Department subject
to the conditions imposed on the use, provided that a deposit is filed with the Department of
Public Works prior to the issuance of the Certificate, if necessary. The deposit or security
shall guarantee the faithful performance and completion of all terms, conditions and
performance standards imposed on the intended use by this permit.
6. This permit or approval is subject to all the applicable provisions of the Development Code
in effect at the time of approval. This includes Chapter 19.20 - Property Development
Standards, and includes: dust and dirt control during construction and grading activities;
emission control of fumes, vapors, gases and other forms of air pollution; glare control;
exterior lighting design and control; noise control; odor control; screening; signs, off-street
parking and off-street loading; and, vibration control.
Construction-related Conditions
7. Exterior lighting shall be energy efficient and shielded or recessed so that direct glare and
reflections are contained within the boundaries of the parcel, and shall be directed downward
and away from adjoining properties and public rights-of-way. No lighting shall blink, flash
or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in
scale, intensity, and height to the use it is serving. Security lighting shall be provided at all
entrances.
8. Both sides of the interior partition walls separating and delineating each tenant suite/store
shall be surface finished with either drywall and stucco or wood grain slatwall panels. The
delineating partition walls shall be a minimum height of nine feet.
9. Each tenant suite/store shall have a minimum of seven feet in height of glass store front,
including storefront (glass) sliding doors or roll-up doors, mounted in 2" x 2" tubular steer
frames. The glass storefronts shall be capped/crowned with a minimum of two feet in height
decorative wood and/or wood grain slatwall panels.
10. The suites/stores along the east and north walls shall have exterior entrances.
II. The texture, materials, and colors to be used on the proposed buildings, fences, and walls
shall be subject to the approval of the Planning Division. If the color ofthe building is to be
modified, the revised color scheme shall be reviewed and approved by the Planning Division
prior to painting.
II
12. Prior to the issuance of Building Permits, the locations of all telephone and electrical boxes
shall be shown on the construction plans. Any equipment, whether on the roof, side of
structure, or ground shall be screened. The method of screening shall be architecturally
compatible in terms of color, shape, and size. The screening shall blend with the building
design and include landscaping when on the ground.
13. All vents and pipes attached to the exterior walls of all buildings on the property shall be
painted the same color as the surface to which they are attached.
14. Each tenant suite/store shall have hardwired telephone and communication cable to terminals
within the suite/store and conduit for computer outlets. The owner shall furnish and install all
outlets, switches, wiring, cables, and conduit for each tenant suite/shop.
15. Each tenant suite/store shall have backing plates and blocking in the metal framing of the
partition walls to receive cabinet work for rigidly bolting equipment, and for special braces
or framing, for the attachment and support of electrical outlets, plumbing and heating
fixtures, and all other such equipment requiring framing support.
16. Grid panels, wire accessories, wall mount brackets, display hooks, shelf brackets and other
such accessories shall be color coordinated within the mall and be approved by owner prior
to the installation by tenants.
17. All flooring surfaces shall be vinyl flooring, with floor surface to be adequate to receive
carpeting of individual tenant suite/shops. Each tenant shall be required to obtain approval in
writing of the owner of the carpet prior to installation, with carpet colors and texture to be
coordinated.
18. The owner shall not install steel or iron bars on the exterior of the windows or doors of any
building on the property.
19. The minimum floor area of individual tenant suites/shops shall be 150 square feet of gross
floor area. The average floor area of all suites/shops shall exceed 500 square feet.
20. The minimum frontage of each store shall be ten feet in width. Store front doors and/or
openings shall not exceed 50% of store width.
21. If facilities for vehicle washing and/or detailing are provided at the Automobile Sales site,
the applicant shall install oil separators or other facilities capable of eliminating the discharge
of oils or chemicals from the site. Such facilities shall be sized to accommodate the vehicle
washing and detailing which will occur on the site, and shall be submitted to the Public
Works Division for review and approval within 30 days of approval of CUP 02-01.
I'
Signage
22. The applicant shall submit a Sign Plan to the Planning Division for review and approval
prior to installation of any signage. The Sign Plan shall contain statements that the
applicant/owner/operator acknowledges the provisions and includes the following
components:
. Indoor Retail Concession Malls are considered one tenant for purposes of the
Development Code Sign Standards, including temporary signage.
. Any temporary signage may only be permitted for special events, subject to approval
of a temporary sign permit. Temporary signage shall be limited to four events per
year with a maximum of two weeks per event.
. No window signs shall be allowed in any building or structure on the property at any
time.
. The words "warehouse, swap/fleamarket, and similar terms may not be included in
any signage, and pictures or drawings depicting these terms are prohibited.
. The language, location, size and design of signs prohibiting litter and loitering.
. The type, location, size, and design of interior signs.
. All interior signage shall be mounted on walls and/or sign panels approved by the
applicant/owner/operator in writing prior to submittal of an application to the City.
. The type, location, size, and design of exterior signs.
. No signage may be installed without approval/permits from the Development
Services Department.
Operational
23. Displays of merchandise outside of the interior of tenant suites/stores shall be limited to
protruding a maximum of 6 inches from the exterior of individual suite/spaces at sliding glass
door and/or roll-up door opening into the hallways/corridors with the access points to the
suites/stores to be maintained at a minimum of 42 inches.
24. All sales and sales activity shall be restricted to the interior ofthe individual tenant
suites/shops. No merchandise shall be displayed and/or stored outside the suites/shops,
including, but not limited to wall or corridor space outside of individual suites/shops.
25. All sales activities and/or displays of merchandise shall be conducted within the building
unless an appropriate permit has been obtained from the City.
26. No storage of any kind shall be permitted outside of either structure on the property.
27. All furniture and fixtures to be located inside the individual retail stall spaces shall be of a
permanent or semi-permanent type, and shall not include residential type lawn/patio
furniture.
28. No used or distressed merchandise shall be sold on the property at any time.
29. Merchandise may not be hung from light fixtures or the ceiling.
30. The graffiti placed on any building or structure located on the property shall be removed
promptly by the owner after its placement; failure by the owner to remove such graffiti upon
twenty-four (24) hours written notice from the City, shall empower the City to enter upon the
property and cause the removal, or painting over, of said graffiti, at the expense of the owner.
The owner shall promptly pay, upon receipt of the City's invoice, all the City's reasonable
costs of such work.
31. Public pay phones may only be located inside the mall or auto sales facility building and
shall be fixed for outgoing calls only.
32. The owner/manager shall require each tenant to obtain a City Business Registration
Certificate prior to commencing business operations/activities.
33. The owner/manager shall require each tenant to obtain a Seller Permit issued by the
California State Board of Equalization prior to commencing business operations/activities.
34. All tenants shall keep and maintain cash register tapes and/or approved receipts reflecting the
amounts collected as sales and sales taxes. These receipts shall be kept for a period of four
(4) years and shall be available for inspection by the City, at any reasonable time.
35. No loudspeakers, bells, gongs, buzzers, mechanical equipment or other sounds attention-
attracting or communication device associated with any use shall be discernable beyond any
boundary line of the parcel, except fire protection devices, and burglar alarms.
36. The owner shall provide personnel for security purposes on the property during all business
hours at levels and in a manner as is approved by the City's Police Department.
37. No tenant shall be permitted to sell any gang or drug related merchandise.
38. No tenant shall be permitted to sell tobacco, liquor, or adult-oriented merchandise.
39. The pre-owned vehicles shall be limited to vehicles that are 7 years old or less and have less
than 100,000 miles.
40. Classic cars (generally defined as 25 years and older) or high-end cars such as Mercedes,
Porsche, Rolls Royce, etc. may be sold on the site. The sales price shall be a minimum of
$10,000 adjusted annually based on the CPI applicable to San Bernardino County.
41. The display of vehicles for sale shall be limited to the area delineated on the site plan.
42. Drive-aisles shall be kept clear of vehicles (display and/or customer parking) at all times.
43. No servicing or repair of vehicles may occur on-site.
,----
I'
44. This permit or approval is subject to the attached conditions or requirements of the following
City Departments or Divisions:
. Development Services Department - Plan Check Division
. Development Services Department - Public Works Division
. Public Services Department - Refuse Division
. Fire Department
. Parks Recreation & Community Services Department
45. The applicant shall record a deed restriction that includes all of the foregoing Conditions of
Approval and Standard Requirements.
46. The applicant shall provide language in the lease agreements that includes the foregoing
Conditions of Approval, as applicable to tenants.
7-6- 02_
I~ 77
__7_ ...)
OFFICE OF THE CITY CLERK
RACL1EL G. CLARK, C.M.C. - CITY CLERK
300 N onh "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.c1.san-bernardino.ca.us
5~'
July 16, 2002
Mr. Jose Jara
741 South Allen Street
San Bernardino, CA 92408
Dear Mr. Jara:
At the meeting of the Mayor and Common Council held on July 15, 2002, the
following action was taken regarding your appeal of the Planning Commission's denial
of Conditional Use Permit No. 02-01 - establishment of an indoor retail concession mall
and pre-owned car sales lot at the southwest corner of "E" Street and South Mall Way:
The hearing was closed; and the Mayor and Common Council granted
the appeal based on the Findings of Fact (Exhibit 2), subject to the
Conditions of Approval (Exhibit 6), as revised in the memorandum dated
July 15,2002, from Valerie Ross, City Planner, to the Mayor and
Common Council, and Standard Requirements (Exhibit 2).
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
,
.dl
,"._ot:
f Rachel G. Clark, CMC
\ City Clerk
RC:lh
cc: Valerie Ross, City Planner
CITY OF SAN BERNARDINO
AVOPTED SII\RED Y\LlJES: Integrity. Accountability' Respect for Human Dignity' Honesty