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Home My WebLink About31- City Attorney CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO: Mayor and Common Council FROM: Henry Empeno, Jr., Deputy City Attorney DATE: March 4, 1996 RE: Agenda Item #31, Unocal Service Station,Development Code Amendment No. 95-05 and Conditional Use Permit No. 95-11 REVISED FORM MOTION: That the hearing be closed; that the negative declaration be adopted; that said ordinance be laid over for final adoption; and that Conditional Use Permit No. 95- 1 The approved based on the findings of fact and subject to the Conditions of Approval and Standard Requirements contained in Exhibit 2, Attachment E. F and G in the October 17, 1995 Planning Commission Staff Report,with Standard Requirement #6(e) [storm drain fee] as amended and agreed to, y the Applicant. (Added portion underlined) Entered into Record St � ,,✓ �� Council ICmy0evCma Mtg: . by I HENRY EMPENO, JR., re Agenda Item Deputy City Attorney City ClerkICOC Secy City of San Bernardino HE\ao\[mem26] #31 3-`- 9( STANDARD REOUIREMENTS DEPARTMENT OF PUBLIC WORKS! CASE NO. cy-P95-11 'TY ENGINEER & DC4 95-05 DESCRIPTION: GAS 5TAT/O/V_ CO/VI% HEARING DATE ETOREW/DRIVE-THRU AND CAR WASH AGENDA ITEM LOCATION: WEST S/DE OF Uff1 E/9S/TY PARKWAY. SOUTHS/DEOFVARS/TYAV__ PAGE NO: estimated construction costa of the on-site improvements, including landscaping. C) Plan check and inspection fees for grading (If permit required) - Fee Schedule available at the Engineering Division Counter. d) Drainage fee in the approximate amount of $6,262 . Based on 56.652 Square Feet @ $ 0.379 per square foot for the first 3,000 square feet of impervious lot area (75% of the net lot area according to plan), then $ 0.130 per square foot of remaining impervious lot area or fraction thereof. $g0aop e) Developer shall reimburse City in the amount $126,g90`for this projects fair share of the cost of Comprehensive Storm Drain Project No. 7-E25 which was previously installed at the City's expense in University Parkway adjacent to the site)S 21 d $?C,C°o Pa /Z � '06 oab A"44&�,Q, � S oao 6n¢ eM � 1 y f) Traffic system fee in the estima ed amount of $17,441 . Based on 1.155 trips per day @ $ 15.10 per new trip generated by the project. Exact amount shall be determined by the City Traffic Engineer at time of application for Building Permit g) Sewer Connection fee in the approximate amount of 214 . Based on 2.343 Square Feet of Bldg Area @ $ 214.30 per 3,000 square feet or fraction thereof. h) Sewer inspection fee in the amount of $18.07 . Based on 1 connection 18.07 per connection. 'Estimated Constzction Cost for on site improvements is based on a list of stwxixd unit prices on rile with the Department of Public Works/City Engineer. Page 6 911395 r' ..•s tti�F�C�3 �r January 19, 1996 RE: Dev. Code Ammen. 95-05 R. 95-06 �... Cond. Jse Permits 95 41 Dear Council Member; '96 FEB -1 ? ' .07 I have appeared before the council twice , speaking against any change in the development code 95-05, issuance of conditional use permits and issuance of exemptions to permits for the sale of liquor. Unfortunatly I cannot attend the Council Meeting scheduled for January 22nd and hope you will accept this letter in lieu of my attendance. I represent my neighbors on Grossmont and Melbourne and, again, we most vi rrnrni1sl;* Trot°St the reconSi derati nn B and granting of any conditional use permits for the follow- ing reasons: I 1 . There will shortly be 3 gas stations ( 2 existing and 1 being constructed) within a radius of 300 feet on University Parkway. These are more than adequate to handle existing and foreseeable traffic flow. Putting it bluntly, we do not need the eye- sore of more gas stations. 2. With regard to liquor sales , there will be 3 con- venience stores and Hughes Market all selling beer and wine; all open 24 hours a day. Do we really need more in a space of less than 800 feet? I respectfully request that you, please , do not turn University Parkway into an ugly "Gasoline Alley" . We do not need it. We beg of you please vote against these Development Code changes and any Conditional Use Permits. Thank you , Clarence Burstein Entered into Record st f�f 1683 Grossmont Road CouncilftyDevCms Mtg: a San Bernardino 92407 by _' ',�k re Agenda Item 3 City Clerk/CDC Secy f City of San Bernardino Entered into Record at /� y Council ICmyDevCms Mtg: March 4, 1996 by n Agenda Item Prepared statement by: Carol Baker C ClerklCDC Secy Read by: Administrative Assistant,Ms. Terri Lynn Ramirez My of San Bernardino Due to illness, I am unable to attend the Council Meeting in behalf of Franchise World Headquarters i.e. Subway Restaurants, Inc. and Union 76 Products. However,I would like to have the following statement read to the Council Members. I am the Development Agent for Subway representing the counties of Riverside, San Bernardino,and Imperial. My responsibilities involve franchise sales, site approval, lease negotiations,and the maintenance and inspection of franchised stores. Subway units are independently owned and operated by franchisees which leads us to the discussion of Store#2486 owned by Jim Siriani. As of February 20, 1996,Mr. Siriam chose to close his store and cease operating at this location. As of this writing, my understanding is that Mr. Siriam plans to file for Bankruptcy. Please take under advisement that Subway does not choose to cause any of their franchisees financial hardship nor to enter into a situation of encroachment. With this in mind, franchisees are notified by Certified Mail of any locations that have been presented to the Development Office for approval. They are given ten days to register a site dispute and Mr. Siriani did just that. A Site Survey is conducted following the guidelines of Headquarters and once completed is sent to the Site Review Committee in Milford, CT, The contents of this package are survey responses,detailed map of demographic area including significant boundaries,points of interest,and location of fast food establishments and a video is included which follows the most direct route from the existing store to the proposed location. The franchisee is advised of the dates of the surveys and invited to participate. The Site Review Committee concluded that the development of the Unocal location would have no impact on Mr. Siriani's store and the site was therefore approved for development. Mr. Siriani's woes have not come from a location that does not even exist but from an indebtedness that was brought about by buying his former partner out of the franchise. I personally completed a breakeven analysis which details his fixed expenses and determines what sales volume is necessary in order to maintain a healthy business. Mr. Siriani informed me that the store was responsible for paying three notes,bank, City,and partner. This is an impossible scenario. All owners are counselled on the adverse affect of debt loads that become the burdon of the store and eventually cause its closing because the bills cannot be paid. On a number of occasions,Mr. Siriani asked for our assistance in working with his Landlord,Mr. Clayton Wright,because he felt that the condition of the property i.e. graffiti, lack of maintenance, low tenancy,and unsightly appearance was causing a negative impact to his store. In closing, I would once again remind the Council that we have been prudent in our decision to develop a Subway within the Unocal station and hope that we will be able to proceed with this location. Unfortunately,Mr. Siriam has been burdoned by a financial situation that has primarily evolved from over-extending himself through loans. I am at a loss to understand the nature of the City's loan to Mr. Siriani especially if it is a result of a loan pursued under the guise of Subway. At$32,353.90,the store could be rebuilt in it's entirety. Once again,thank you for your consideration of this matter. &;XK43 / 3-y-9c