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CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
_rom:
Dept:
Valerie C. Ross, Director
Subject: Development Code Amendment No. 06-01
to modify locational criteria for drive-thru restaurants
in the CR-3, Commercial RegionalfTri-City Club land
use district.
Development Services
Date:
January 16, 2007
MCC Date: February 5,2007
Synopsis of Previous Council Action:
None
Recommended Motion:
That the hearing be closed and said ordinance be laid over for final adoption.
~u,l?~
Valerie C. Ross
eontact person: Non Liang, Senior Planner
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s): 3
FUNDING REQUIREMENTS:
Amount: NI A
Sonrce: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. 30
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
DEVELOPMENT CODE AMENDMENT NO. 06-01
Owner/Applicant:
Kathleen Karahalio
Tippecanoe Northpointe, LLC
1450 West 6th Street, Suite 201
Corona, CA 92882
951.280.4499
BACKGROUND
The applicant requests that the Mayor and Common Council approve Development Code
Amendment No. 06-01 to modify locational criteria for drive-thru restaurants in the CR-3,
Commercial Regional/Tri-City Club land use district. The amendment will permit
establishments with drive-thru facilities in areas north ofI-1O abutting Tipppecanoe Avenue,
subject to a Conditional Use Permit (Exhibits I & 2).
Currently, in the CR-3, Commercial Regional/Tri-City Club district north ofI-lO, the
Development Code permits dive-thru facilities adjacent to Tippecanoe Avenue between 1-10 and
Hospitality Lane. This provision precludes development of any drive-thru facilities at the
Northpointe office and retail development at the northwest comer of Tippecanoe Avenue and
Hospitality Lane. The proposed Code amendment would revise the limitation on drive-thru
locations in the CR-3 district by allowing them on any property abutting Tippecanoe Avenue,
subject to approval of a Conditional Use Permit. The Planning Commission Staff Report
(Exhibit 2) presents the proposed Code amendment and findings for adoption of the ordinance
(Exhibit 3).
At its meeting on November 8, 2006, the Planning Commission recommended approval of
Development Code Amendment No. 06-01. The Planning Commission voted unanimously in
favor of the proposed amendment Commissioners Coute, Durr, Enciso, Mulvihill, Munoz and
Rawls voted in support of the motion and Commissioners Heasely, Longville, and Sauerbrun
were absent.
FINANCIAL IMPACT
None. The applicant paid the filing fees for the Development Code Amendment.
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RECOMMENDATION
That the hearing be closed and said ordinance be laid over for final adoption.
EXHIBITS:
1 Location Map
2 Planning Commission Staff Report dated November 8, 2006
3 Ordinance
DCA No. 06-01
Hearing Date: 2.5.07
Page 2
EXHIBIT 1
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CITY OF SAN BERNARDINO PROJECT: DCA 06-01
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 11/8/06
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NORTH
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1m Proposed Area
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(C) City of San Bernardino*
"..... .... .... "
. Permitted areas (South of 1-10 & adjacent to
Tippecanoe Avenue between
Hospitality Lane & 1-10 only)
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EXHIBIT 2
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. 06-01
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November 8, 2006
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APPLICANT:
Kathleen Karahalios
Tippecanoe Northpointe, LLC
1450 West 6th Street, Suite 20 I
Corona, CA 92882
951.280.4499
REQUESTILOCATION:
A request to amend Development Code Section 19.06.030(2)(H)(I), to modify locational
criteria for drive-thru restaurants in the CR-3, Commercial Regional/Tri-City Club land use
district. The amendment will permit establishments with drive-thru facilities in areas north of
1-10 abutting Tipppecanoe Avenue, subject to a Conditional Use Permit.
CONSTRAINTS/OVERLAYS:
None
ENVIRONMENTAL FINDINGS:
o Not Applicable
121 Not Subject to CEQA, Section 15061(b)(3)
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Program
STAFF RECOMMENDATION:
121 Approval recommendation to Mayor and Council
o Conditions
o Continuance to:
o Denial
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DCA No. 06-01
Hearing Date: November 8, 2006
Page 2
REOUEST AND LOCATION
Kathleen Karahalios on behalf of Tippecanoe Northpointe, LLC is requesting approval of a
Development Code Amendment to amend Development Code Section 19.06.030(2)(H)(I),
to modify locational criteria for drive-thru restaurants in the CR-3, Commercial Regional/Tri-
City Club land use district. The amendment will permit establishments with drive-thru
facilities, subject to a Conditional Use Permit, in areas ofthe CR-3 land use district located
north ofI-1O abutting Tipppecanoe Avenue.
Currently, Development Code Section 19.06.030(2)(H)(I) limits the location of restaurants
with drive-thru facilities in the CR-3 land use district to areas south ofI-1O and adjacent to
Tippecanoe Avenue, only between Hospitality Lane and 1-10. The proposed amendment will
allow drive-thru facilities where they are currently prohibited on Tippecanoe Avenue, north of
Hospitality Lane. Specifically, the proposed amendment will modify the following sections of
the Development Code:
I) Section 19.06.030 (2) (H) (I) will be modified as follows: "Establishments providing drive-
thrufacilities may be permitted in the CG-l, CG-2, CG-3, CG-4 and CR-3 (south of/-1O enly
and adjacent to Tippecanoe Avenue north 0(/-10 eetll'een Jl8spiUllity bane Slull !() 811M
land use districts ".
2) Section 19.06.010(2)(K) will be modified to read: "CR-3 (Commercial Regional-Tri-
City/Club) District - This district is intended to permit a diversity of regional-serving uses
including corporate and professional offices. retail commercial, entertainment (theaters,
nightclubs, etc.), financial establishments, restaurants (drive-thrus south of /-10 and adjacent
to Tippecanoe Avenue north of /-10 SelWeell Haspiltlliry,'ba1le a1ldl 1 () lml)~, hotels/motels,
warehouse/promotional retail, supporting retail services, and similar uses."
The original purpose ofthe limitation on drive-thu restaurant locations in the CR-3 district
was to maximize development of sit-down restaurants, in keeping with the theme of
Hospitality Lane. The areas specified for development of drive-thrus were intended to be at
the periphery ofthe CR-3 district, where pass-by traffic from 1-10 would seek conveniences.
The proposed amendment maintains that intent, but extends the "convenience zone" further
north on Tippecanoe Avenue. This provision will also serve office workers in the area who
would choose to pick up a convenient meal. In particular, the developer of the Northpointe
office development at the northwest corner of Tippecanoe Avenue and Hospitality Lane has
requested this amendment to benefit occupants of the future Wells Fargo office building
already approved at this location.
Construction of establishments with drive-thru facilities at the Northpointe project site, or
anywhere in the CR-3 district would require approval of a Conditional Use Permit by the
Planning Commission, pursuant to existing Development Code requirements.
DCA No. 06-0/
Hearing Date: November 8, 2006
Page 3
e BACKGROUND
On March 21, 2006, the Planning Commission approved the Northpointe project, consisting of
Tentative Parcel Map No. 17174 to create 9 parcels and Conditional Use Permit No. 05-36 to
construct a five-story, 284,000 square foot professional office building with two parking
structures and 22,000 square feet of retail shops in three buildings. The approval also included
42,300 square feet of restaurant space in six buildings located at the northwest comer of
Hospitality Lane and Tippecanoe Avenue in the CR-3 land use district. Approval of the
Northpointe project did not include any restaurants with drive-thru facilities. However, recent
market research by the project developer indicates that establishments with drive-thru facilities
would complement the office building and other uses approved at this location.
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA) STATUS
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The proposed amendment is not subject to CEQA, pursuant to Section 1 506 1 (b)(3) of the
CEQA Guidelines, which states that CEQA applies only to projects that have the potential for
causing significant effects on the environment. The proposed amendment would not change
drive-thru design standards nor does it modify the requirement for project-specific impact
evaluation through the Conditional Use Permit application process. The proposed amendment
would only increase the range ofIocations where drive-thru facilities may be located on the
west side of Tippecanoe Avenue, north ofI-l O. This, in itself, would not have a potential to
create significant adverse physical impacts on the environment.
FINDINGS OF FACT
1. Is the proposed amendment consistent with the General Plan?
The proposal is consistent with General Plan goals & policies as follows:
General Plan Goal 4.1. states: "Encourage economic activity that capitalizes upon the
transportation and locational strengths of San Bernardi.no."
General Plan Goal 4.5 states: "Identify and attract new employment types/land uses
that complement the existing employment clusters and foster long-term economic
growth".
General Policy 4.5.2 states: "maintain and enhance commercial regional cores and
economically sound community-serving commercial concentrations by attracting new
regional outlets, maintaining the existing regional retail base, and stabilizing the future
regional retail base".
The proposed amendment reflects the current market trends for retail commercial and
office development to be complemented by consumer conveniences including fast-
food restaurant facilities.
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DCA No. 06-01
Hearing Date: November 8, 2006
Page 4
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2.
Would the proposed amendment be detrimental to the public interest, health,
safety, convenience, or welfare of the City?
The proposed amendment would provide additional conveniences for the public,
including office employees in the CR-3 land use district. The amendment will only
affect Tippecanoe Avenue, a commercial corridor where drive-thru restaurants would
be typical land uses. Since Tippecanoe Avenue is located at the eastern edge ofthe
CR-3 land use district, the proposed amendment will not affect the integrity of district
or land use compatibility within the district. The requirement for a Conditional Use
Permit application will ensure land use compatibility and protection ofthe public
health safety, convenience and welfare on a site-specific basis.
CONCLUSION
The proposed amendment meets all applicable Findings of Fact for approval of Development
Code Amendment No. 06-01.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the Mayor and Common
Council approve Development Code Amendment No. 06-01 based upon the Findings of Fact
e contained in this Staff Report
Respectfully Submitted,
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Valerie C. Ross
Director of Development Services
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Aron Liang
Senior Planner
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
HAPTER 19.06 (COMMERCIAL DISTRICTS), SECTIONS 19.06.010 (2) (K) AND
9.06.030 (2) (H) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT
ODE) RELATED TO DRIVE-THRU RESTAURANTS REQUIREMENTS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
o ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.06, Sections 19.06.010 (2) (K) CR-3 (Commercial Regional-
ri-City/Club) District and 19.06.030 (2) (H), Drive- Thru Restaurants, of the Municipal Code
10 Development Code) is amended to modify locational criteria for drive-thru facilities within the
11 R-3, Commercial Regional/Tri Club, land use district as shown in Attachment I attached hereto
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d incorporated herein by reference.
SECTION 2. Severability. In the event that any provision of this Ordinance, or any part
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hereof, or any application thereof to any person or circumstance, is for any reason held to be
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nconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its
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ace or as applied, such holding shall not affect the validity or effectiveness of any of the
18 emaining provisions of this Ordinance, or any part thereof, or any application thereof to any
19 erson or circumstance or of said provision as applied to any other person or circumstance. It is
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ereby declared to be the legislative intent of the City that this Ordinance would have been
dopted had such unconstitutional, invalid, or ineffective provisions not been included herein.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
HAPTER 19.06 (COMMERCIAL DISTRICTS), SECTIONS 19.06.010 (2) (K) AND
3 9.06.030 (2) (H) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT
ODE) RELATED TO DRIVE-THRU RESTAURANTS REQUIREMENTS.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6 ommon Council of the City of San Bernardino at a meeting thereof, held
7 n the day of ,2007, by the following vote to wit:
8 ouncil Members:
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ABSTAIN
ABSENT
AYES
NAYS
ERRY
ELLEY
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15 OHNSON
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C CAMMACK
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City Clerk
The foregoing ordinance is hereby approved this _day of
PATRICK J. MORRIS, Mayor
City of San Bernardino
pproved as to form
nd legal content:
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25 AMES F. PENMAN
ity Attorney
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ATTACHMENT 1
CHAPTER 19.06
COMMERCIAL DISTRICTS
Specifically, the proposed amendment shall modify the following:
I. Section I9.06.010(2)(K), is amended to read:
CR-3 (Commercial Regional-Tri-City/Club) District
This district is intended to permit a diversity of regional-serving uses including
corporate and professional offices, retail commercial, entertainment (theaters,
nightclubs, etc.), financial establishments, restaurants (drive-thrus south of 1-10
and adjacent to Tippecanoe Avenue north ofI-1O astY/eeR HesJlitality Lane aRa I
10 BRly), hotels/motels, warehouse/promotional retail, supporting retail services,
and similar uses."
II. Section 19.06.030(2)(H), is amended to read:
H. DRIVE-TIIRURESTAURANTS
This Section contains standards for drive-thru restaurants as well as prohibition of
same in specified land use districts. Drive-thru restaurants are subject to Conditional
Use Permit review.
1. Establishments providing drive-thru facilities may be permitted in the
CG-I, CG-2, CG-3, CG-4, and CR-3 (south ofI-IO eRIy and adjacent to
Tippecanoe Avenue north of 1-10 setweeR IIasj3itality LUlle allB 119 allly)
land use districts. MC 10987/5/01
2. Pedestrian walkways should not intersect the drive-thru drive aisles, but
where they do, they shall have clear visibility, and they must be emphasized
by enriched paving or striping.
3. Drive-thru aisles shall have a minimum 12 foot width on curves and a
minimum II foot width on straight sections.
4. Drive-thru aisles shall provide sufficient stacking area behind menu board
to accommodate a minimum of 6 cars.
5. All service areas, restrooms and ground mounted and roof mounted
mechanical equipment shall be screened from view.
6. Landscaping shall screen drive-thru or drive-in aisles from the public right
of way and shall be used to minimize the visual impact of readerboard signs
and directional signs.
7. Drive-thru aisles shall be constructed with (pCC) concrete.
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8. Parking areas and the drive-thru aisle and structure shall be set back from
the ultimate curb face a minimum of 25 feet.
9. Menu boards shall be a maximum of 30 square feet, with a maximum
height of 7 feet, and shall face away from the street.
10. Drive-thru restaurants within an integrated shopping center shall have an
architectural style consistent with the theme established in the center. The
architecture of any drive-thru restaurant must provide compatibility with
surrounding uses in form, materials, colors, scale, etc. Structure plans shall
have variation in depth and angle to create variety and interest in its basic
form and silhouette. Articulation of structure surface shall be encouraged
through the use of openings and recesses which create texture and shadow
patterns. Structure entrances shall be well articulated and project a formal
entrance through variation of architectural plane, pavement surface
treatment, and landscape plaza.
11. No drive-thru aisles shall exit directly onto a public right-of-way.