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HomeMy WebLinkAbout51-Planning I ". CI10 ~F SAN BERNARDO lU....'y - REQUEQr FOR COUNCIL AC""J)N David Anderson From: Acting Planning Director Subject: Appeal of Conditional Use Permit No, 86-61 Dept: Planning Mayor and Council Meeting of March 9, 1987, 2:00 p.m. Da~: February 25, 1987 Synopsis of Previous Council action: Previous Planning Commission action: At the meeting of the Planning Commission on February 3, 1987, the following action was taken: The application for Conditional Use Permit No. 86-61 was denied based upon the findings of fact dated February 3, 1987. Vote: 5-3, 1 absent. Recommended motion: That the hearing on the appeal be closed and the decision of the Planning Commission be affirmed, modified or rejected. ,~~ dL Signature David Anderson Contact person: David Anderson Phone: 383-5057 Supporting data attached: Staff Report Ward: 3 FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: , An"nci~ It"m Nne;;:i- / c . C> o o o CORPORATION Cons truction/ Deve topmen t February 9, 1987 City of San Bernardino Planning Department 300 North "D" Street San Bernardino, CA 92418 Attn: Frank Schuma Planning Director Re: Conditional Use Permit No. 86-61 Dear Frank: We hereby appeal Planning Commission denial of Conditional Use Permit No. 86-61. The Commission's denial was based on the proximity to a proposed high school. We believe that to deny a Conditional Use Permit today based on something proposed for (4) four years from now to be unfair and unrealistic. Sincerely, Q~=:: Vice President JC/bc F.A.C. O.t... _ . V,6. _ .- A.t... .......- 0.'<1._ m. ? : '] ..1..1 E.e._ G.G. .--- K.;~.-",,,,- I.i.:j.. .- M.c. ---.- ... ;;. ........-- R. r. ....-- $.h...._: VA .,_ crrv H;;.;,~;;;ij l)[PAIHl;lENl' SAN l.liiii'JARillNO. CA 7365 Hellman Avenue . Rancho Cucamonga, California 91730 . (714) 987-7788 . () o o o C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM 8702-203 TO: Mr. Frank Schuma, Director of planning FROM: Council Office SUBJECT: Planning Commission Agenda DATE: February 3, 1987 (6974) COPIES: ------------------------------------------------------------- tp\ I wish to protest Item 15, CUP No. 86-~, on the Plan- ning Commission Agenda of February 3, 1987 permitting the sale of alcoholic beverages for off-site consumption from a proposed convenience store at 505 S, Pepper, as expressed by the police Department (see attached letter). I also request that the minutes of the meeting reflect this protest and that this letter be made a part of the record, RALP Councilman, Third Ward . ~. , 8...L ~. RH:jv Attch, 00 rn@rnDWrnrnJ FEB 03 1987 CITY PLANNING DEPARTMENT SAN BERNARDINO. CA . o o o oY . L ..h' 'Ij l,~....,~~i.l. .;~E P.O. BOX ''''ilQ\l'lSMlllliIltll\lIdIiOIILIFORNIA 92401.1559 1981 FEB - 3 AI\ \Q: 36 POLICE DEPARTMENT OFFICE OF THE CHIEF OF POLICE February 2, 1987 Tom Keasling Alcoholic Beverage Control 303 W. Third, Room 209 San Bernardino, CA 92401 Dear Mr. Keasling: Please accept this letter as a protest to the establishment of an off-sale beer and wine licensed premise at 505 South Pepper. Circle K Convenience Stores is the applicant. The Rialto Unified School District intends to build a high school on Mill Street, between Pepper and Eucalyptus. The high school will open in 1990. The high school will be within 100 feet of the proposed off-sale beer and wine licensed premise. Additionally, within 2/3 of a mile of the proposed location, there are two off-sale A8C licensed establishments already in operation, and a third is going in on the corner of Rialto & Pepper. Thank you for your consideration. cgr cc: Mayor Wilcox Councilman Hernandez Capt. Lewis '1\.) ~ .;.'. ' PRIDE IN ~R,OGRESS PLEASE ADDRESS ALL CORRESPONDENCE TO CHIEF OF POliCE "~!~, -j/ ::~~1''f TELEPHONE: 383-5011 . 81TY OF SAN r--ER~ARDINO 2. ~ "EMORANDU,R To DONALD J. BURNETT CHIEF OF POLICE OFF SALE BEER , WINE LICENSE From DET. R. A, RICE Date 2/2/87 Subject Approved Date APPLICANT: Circle K Convenience Store PURPOSED ADDRESS: 505 S. Pepper. San Bernardino BUSINESS MAILING ADDRESS: p, O. Box 52084. Phoenix, Arizona 85072 On or about the third week of January, 1987. I received a copy of the application for Alcoholic Beverage License, in the name of Circle K Convenience Stores, for a Type "20", Off-Sale Beer and Wine License, at the proposed address of 505 S. Pepper, San Bernardino. This location is the southeast corner of Mill and Pepper. Historically this area of San Bernardino has been vacant until recently. A check of the area revealed a housing tract directly to the south of the proposed location and a newly developed housing tract kitty- corner on the northwest corner of Mill and Pepper. Currently the land directly across the street (southwest) is vacant. On 1/28/87, I received a letter from the Rialto Unified School District, regarding a letter of protest to the Planning Department of the City of San Bernardino, regarding Conditional Use Permit 86-61, for the approval toconstruct a convenience market offering the sale of alcoholic beverages for off site consumption on the southeast corner of Mill and Pepper (Circle K proposed location). A copy of the letter went onto say that the Rialto School District has been approved by State Building program for funds to purchase 40 acre parcel on Mill Street, between Pepper and Eucalyptus (south side), which would be directly across the street from the proposed ABC license for Circle K and as stated would be less than 100 feet away from the high school site. Mr. David L. Andrews, Superintendent of Schools, said the City of San Bernardino Planning Commission, approved the location for the high school in October,1986 and plans to open in the fall of 1990. Mr. Andrews states that a business that will offer the sale of alcoholic beverages within a close walking proximity of the high school would cause problems, for school administrators, . as well as local law enforcement agencies. Therefore, requested a denial of the application for the Conditional Use Permit 86-61. (A ~opy of the letter to Mr. Donald Williams of the Planning Department and to Mr. Frank Schuma. of the Planning Commission, from Superintendent Andrews will be attached.) .. . - .. ..... . .. . .....~ o o o o DONALD J, BURNETT 2/2/87 Page 2 Within 2/3 of a mile, north on Pepper, at the northeast corner of Rialto and Pepper, there are two off-sale ABC Licenses, with a proposed off-sale license going in on the southeast corner of Ria1to and Pepper. RECOMMENDATION: I recommend that the Chief of Police of the City of San Bernardino, to protest Conditional Use Permit 86-61 for Circle K, 505 S. Pepper, San Bernardino, due to the close promixity of the proposed high school and potential police problems that could arise, due to the av . ability of alcoholic beverages within 100 feet of the new ig school site. ctive ~l~ ~.~ . o BOARD OF EDUCATION WILMER D. CARTER WILLIAM G. JEHUE JOHN R. KAZALUNAS, Ed 0 AI BERT J KEEGAN G. ARTHUR WILLARDSEN, D.D.S. o RIALTO ------- .-----.-,.. __.____,. ___..~__._ __ - __.u_ '_ SCHOOL o 0 l ---- -_._.~ UNIFIED -- ---- - - ... _. DISTRICT 182 Easl Walnut Ave., Aiallo, California 92376-3598 Telephone (714) 820-7700 DAVID l. ANDREWS. Ed. D. Superlnluodt'nl of Schools January 29, 1987 MEMBERS OF ml! PLANNING ClIOIISSION City of San Bernardino 300 North D. Street San Bernardino, CA Jess Flores, Chairman; Marvin Shaw, Vice Chairman; John Lightburn, Rueben Lopez, Mike Meudsley, Warren Watson, Conrad Knowles, Cheryl Brown, Roy Nierman On behalf of the Rialto Unified School District, I want to thank the Commission members for granting a continuance concerning C.U.P. 86-61, construction of a commercial development with approval for sale of alcoholic beverages. Wilmer Carter, President of the Rialto School Board, and I will be present to provide information about the serious reservations of the District concerning this proposal, because of the proximity of the new high school. In the interim, the following information is provided: The San Bernardino Planning Commission unanimously approved the location of the new high school at its October 7, 1986 meeting, and recommended that the General Plan reflect the site designation, upon approval of the State of California for acquisition. At its December 24, 1986 meeting, the State Allocation Board voted to approve funds to pl'an the faci! i ty and acquire the site. Wi th this authorization, our District has retained property appraisers, traffic pattern consultants, and an architect. The architect has already met with the high school planning committee to begin to design the facility. It is the intention of the District to open the new high school in September, 1990. oo~@rnnWffirn JI\N 29 1987 CITY PLi..."".u L::Pt,IIi'iIlENT SAN BERNARDINO. CA . Youth: Our Most ValuahlA RA!'lnurr.A . , o o o o MEMBERS OF THE PLANNING COMMISSION Page 2 A commercial business which sells alcoholic beverages would not be compatible with a high school directly across the street. I look forward to the opportunity to speak to the Commission on February 3, 1987. Ed.D. nLA/kp . o ~. o o o CIT ERN ARDINO 300 NORTH \'0" STREET. SAN BERNAROINO, CALIFORNIA 92419 EVLYN WILCOX Mey... Members 0' th. Common Council Esth... Elt'.............. . FtrllWard Jack R'lltV............. . IKOndW.rd R,lph Hern.nd,z . . . . . . . . . . . Third Wlrd St,.. Merkl . . . . . . . . . . . . . "ourlh WI'. Go'donQule........ ... ... ".n"Wlrd Din Fru", . . . . . . . . . . . . . . ".Ift W.rCl Jack St,kkl" . . . . . . . . . . . .S..,.nlh Wa,d February 10, 1987 Forecast Corporation 7365 Hellman Avenue Rancho Cucamonga, CA 91730 Dear Sir or Madamel At the meeting of the Planning Commission on February 3, 1987, the following action was takenl The application for Conditional Use Permit No, 86-61, to permit the sale of alcoholic beverages for off-site consump- tion and to permit the sale of gasoline in the C-l Neighbor- hood Commercial zone from a proposed 6,230 square foot convenience store/commercial center on approximately ,63 acre located at the southeast corner of Mill Street and pepper Avenue, was denied based upon the attached findings of fact found by the Planning Commission. According to the San Bernardino Municipal Code, 19.78.070" the following applies to the filing of tional use permitl -The decision of the Commission shall be final unless appeal- ed in writing to the Mayor and Common Council. The written appeal shall be submitted to the office of the City Clerk within ten days from the date of the Commission's decision. The Common Council, after receipt of the appeal, shall conduct a public hearing and may either approve, modify or reject the decision of the Planning Commission.- Section a condi- ~rn'lF.I'lI'flO~IlESS ~ , o ~ o o o Forecast Corporation February 10, 1987 page 2 If no appeal is filed pursuant to the previously mentioned provisions of the San Bernardino Municipal Code, the action of the Commission shall be final. Respectfully, ~ /L ~~~.~- FRANK A. SCHUMA Planning Director -- mkf cc: Building and Safety Dept, 000 0 CITY OF SAN BERNARDINO PLANNING DEPARTMENT' CASE CUP 86-61 FINDINGS of FACT AGENDA ITEM 15 HEARING DATE 2/3/87 PAGE Findings of fact for denial of Conditional Use Permit No. 86- 611 1. The proposed use conforms to the goals and objectives of the San Bernardino General Plan. 2, The proposed use, the sale of alcoholic beverages for off-site consumption, will not be compatible with the proposed use of a high school to the west across Pepper Avenue. The sale of alcoholic beverages, therefore, will adversely affect the growth and development of the area in which it is being proposed, 3, The size (0.63 acre) and rectangular (regular) shape of the site,are adequate to allow full development of the proposed use in a manner not detrimental to the particu- lar area, nor to the peace, health, safety or general welfare of the residents of the community. 4. The traffic generated impose an undue burden designed and improved to Adequate parking will be by the proposed use on the streets and carry the traffic in provided on the site. will not highways the area. 5, The granting of the conditional use permit, to allow the sale of alcoholic beverages for off-site consumption, will be detrimental to the peace, health, safety or general welfare of the citizens of San Bernardino, . () 0 0 CITY OF SAN BERNARDINO - o MEMORANDUM To Planning Commission Subject Conditional U8'e Permit No. 86-61 From Planning Department Date February 3. 1987 Approved FEM NO, 15. WARD NO, 3 Date OWNER/APPLICANT: Forecast Corporation Mr. Joe Carman 7365 Hellman Avenue Rancho Cucamonga, CA 91730 BACKGROUND Conditional Use Permit No. 86-61, a proposal to develop a 6,230 square foot convenience/retail commercial center offering the sale of alcoholic beverages for off-site consumption and sale of gasoline on a 0.63 acre site located on the southeast corner of Mill Street and Pepper Avenue in the C-l, Neighborhood Commercial zone, was continued from the previous Planning Commission meeting of January 20, 1987, The request for the continuance was made by the Rialto Unified School District in order to allow the district more time to prepare their argument for denial of the permit for the sale of alcoholic beverages for off-site consumption, The applicant expressed some reservations as to the Staff's recommendation contained in Condition No, 5 relative to the reduction of the number of gasoline pump islands from two (2) to one (1), The applicant suggested that the building area could be reduced on site so as to provide the desired area for vehicle maneuverability, as suggested by Staff, The applicant, to date, has not submitted a revised site plan or elevations reflecting these changes, RECOMMENDATION Based upon the observations and findings of fact contained in the original staff report dated January 20, 1987 and subject to the conditions and standard requirements attached thereto, Staff recommends approval of Conditional Use Permit No. 86- 61. Respectfully Submitted, FRANK A. SCHUMA, Planning Director Senior Planner < o BOARD OF EDUCATION WilMER 0 CARTER WilLIAM G. JEHUE JOHN R. KAZAlUNAS. Ed 0 ALBERT J. KEEGAN G. ARTHUR WlllARDSEN, D.D.S. o o o -..--..-----..--- , UNIFIED ...- --- . ._-..'- - ----- - .. -. -- - - DISTRICT RIALTO - -.-- - -.. - - -- - - - - - - - - - ,.. SCHOOL 1 B2 East Walnut Ave., Alalto. California 92376-3598 Telephone (714) 820.7100 DAVID l. ANOREWS, Ed. D. Supeflnl~ndtlnl of &.~hO<MS January 29, 1987 MIiJ4BERS 01' 11t1! PLANNING C<MIISSION City of San Bernardino 300 North D. Street San Bernardino, CA Jess Flores, Chairman; Marvin Shaw, Vice Chairman; John Lightburn, Rueben Lopez, Mike Meudsley, Warren Watson, Conrad Knowles, Cheryl Brown, Roy Nierman On behalf of the Rialto Unified School District, I want to thank the Commission members for granting a continuance concerning C.U.P. 86-61, construction of a commercial development with approval for sale of alcoholic beverages. Wilmer Carter, President of the Rialto School Board, and I will be present to provide information about the serious reservations of the District concerning this proposal. because of the proximity of the new high school. In the interim, the following information is provided: The San Bernardino Planning Commission unanimously approved the location of the new high school at its October 7, 1986 meeting. and recommended that the General Plan reflect the site designation, upon approval of the State of California for acquisition. At its December 24, 1986 meeting, the State Allocation Board voted to approve funds to plan the facility and acquire the site. With this authorization, our District has retained property appraisers, traffic pattern consultants, and an architect. The architect has already met with the high school planning committee to begin to design the facility. It is the intention of the District to open the new high school in September, 1990. OOffi@ffiUWllirn JAN 29 1987 . .' ,_.. '['..'II.NT tIT { F'.h....' .C1 Lo..r. \ llr . SAN BERNARDINO, CA Jttl . o o o o MEMBERS OF THE PLANNING COMMISSION Page 2 A commercial business which sells alcoholic beverages would not be compatible with a high school directly across the street. I look forward to the opportunity to speak to the Commission on February 3, 1987. DLA/kp . . o o o o CiTY OF SAN BERNARDINO PLANNING DEPARTMENT SUMMARY l&.I B E ::) CJ l&.I a:: .... 4 l&.I ~ AGENDA ITEM HEARING DATE WARD 15 1 "glln APPLICANT: e s orpora on 7365 Hellman Avenue Rancho Cucamonga, CA 91730 Conditional Use Permit (~o. 36-61 OWNER: Same as Above The applicant requests approval of a conditional use permit under the authority of San Bernardino Municipal CoJe Sections 19.24,020 (C)(l) and 19,24.030 (3) to permit a 6,230 square foot retail commercial ~enter offering the sale of alcoholic beverages for off-site consumption~ Subject property is a rectangularly shaped parcel consisting of 0,63 acre located at the southeast corner of Mill Street and Pepper Avenue, PROPERTY Subj ect North East South West EXISTING LAND USE Vacant Water Retention Basin Vacant Vacant Vacant GENERAL PLAN DESIGNATION Med, Density Res, Flood Control Resr. Med, Density Res. lIed, Density r,e!,. lIeu, Density Res. ZONING C-l R-1-7200 R-1-7200 C-l R-1-7200 GEOLOGIC I SEISlllC DYES FLOOD HAZARD DyES OZONE A ( SEWERS rsa YES ) HAZARD ZONE KINO ZONE 10 NO OZONE B DNO HIGH FIRE DYES AIRPORT NOISE I DYES REDEVELOPMENT DYES HAZARD ZONE !Xl NO CRASH ZONE &I NO PROJECT AREA ~NO ~ o NOT o POTENTIAL SIGNIFICANT Z IKI APPROVAL APPliCABLE EFFECTS 0 - WITH MITIGATING ti 1KI CONDITIONS Z(/) MEASURES NO E.I,R. &&.Ie!) o EXEMPT o E.I.R. REQUIRED BUT NO 1&.0 0 DENIAL 2Z I&.ffi Z- SIGNIFICANT EFFECTS ~2 00 WITH MITIGATING 0 CONTINUANCE TO a:Z MEASURES (/)2 :;ii: 0 iiJ NO o SIGNIFICANT EFFECTS (.) Z l&.I &&.I SIGNIFICANT SEE ATTACHED E,R. C, EFFE CTS MINUTES a:: .._.. ...... __......... .... w .__a. . o o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CliP NO RI'i-l'il OBSERVATIONS 1'. , /"Jn/A7 . ') . AGENDA ITEM HEARING DATE PAGE 1 , REQUEST: The applicant requests approval of a conditional use permit in order to construct a 6,230 square foot retail commercial center allowing the sale of gasoline and alcoholic beverages for off- site consumption in the C-l, Neighborhood Commercial zone. 2, LOCATION: The 0.63 acre site is located on the southeast corner of Mill Street and Pepper Avenue and has a General Plan designation of Medium Density Residential (8-14 du/ac). 3, GENERAL PLAN Atm__Z9~Jm;: The proposed site is zoned for C-l, Neighborhood Commercial purposes which allows the dispensing of gasoline with the granting of a conditional use permit, The General Plan land use designation for the site is for Medium Density Residential at a density range of 8-14 dwelling units per acre, Two of the City's General Plans (i,e" State College and Verdemont) allow for the siting of neighborhood commercial facilities within residentially designated areas provided the site is less than two (2) acres in size, The General Plan for the City does not specifically allow for this provision, however, it does address the issue of compatibility of residential and commercial land uses by suggesting that adequate buffering be provided between the two uses. Additionally, the zoning ordinance sets a height limit of 20 feet for those sites within 75 feet of a single-family residential district, Furthermore, Section 19.24.070 (B) requires that a 5 foot side yard setback be maintained on those properties abutting a residential district, The project proposal does not provide the above mentioned side yard setback. Staff recommends that the five foot area would better serve the community if it were utilized as visible landscape amenity in the front of the property, The use of the property for commercial purposes should be allowed given the current zoning of the property and subsequent City policy approved for the latest area plans of the City. \.. . o o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT -., CASE ~IT'P NO RF._F.l OBSERVATIONS 1 ~ l'20'S7 ..... . . AGENDA ITEM HEARING DATE PAGE ( 4, -., OFF-SITE SALE OF ALCOHOLIC BEVERAGES: Section 19.24,030 (B) of the Municipal Code allows for the application for a conditional use permit for the off-site sale of alcoholic beverages within the C-l, Neighborhood Commercial zone provided that only packaged beer and wine be sold, Consequently, the subject application to sell alcoholic beverages for off-site consumption will be restricted to packaged beer and wine, 5. ACCESS: Access to the subject properties provided via two driveways (36' width) are off of MIll Street and the other from Pepper Avenue, 6. ON-SITE CIRCULAT1QN AND PARKING: Twenty-five (25) on-site parking spaces are required for the subject proposal. The applicant has proposed to provide 24 spaces, Circulation will be somewhat congested with the combination of vehicular parking for gasoline sales and regular customer parking for the retail customer space. The close proximity of the gasoline service island to the corner allows little room for automobile stacking for customers waiting to use the gasoline dispensing pumps. The majority of the customer parking area is to the site. The applicant will need to reduce the proposed or reconfigure the site plan to provide 25 parking spaces, the south of building area the required 7. LOT CONFIGURATION: The rectangular shape 'and size (0,63 acre) of the site is minimally adequate to accommodate both the proposed building, however, the gasoline dispensing service proposed is ackwardd with the two (2) gasoline pump islands. Staff recommends that the number of islands be reduced to one (1). A condition of approval has been added to reflect the recommendation, , c o o o CITY OF SAN BERNARDINO PLANNING DFPARTMENT CASE CUP NO. 86-61 OBSERVATIONS AGENDA ITEM 1:> HEARING DATE 1/2U /ljf PAGE 4 8, ARCHITECTURE . The proposed structure will be of concrete block construction with a stucco fascia and small exposed mansard roof area on the north and west elevations. The mansard roof area will be of clay tile. The east and southern elevations will consist of smooth face concrete block with a redwood trim treatment breaking up the surface. 9, LANDSCAPING Landscaping on-site exceeds the minimum five percent (5\) in the parking areas. The primary area of landscaping is the northwest corner area of the site and the five foot planter area proposed along the eastern property line with an additional three foot planter along the southern property line, Additional landscaping will be developed within the public right-of-way of Mill Street and Pepper Avenue, The recommendations of the City Parks and Recreation Department are included as conditions of approval. 10, AGENCY COMMENT I The Rialto Unified School District has submitted a letter of comment (See Exhibit 'A') for the subject proposal, The District recommends denial of the conditional use permit for the sale of alcohol for off-site consumption. The District is fearful that the close proximity of subject property to that of the future high school site located immediately to the west, on the south side of Mill Street, between Pepper and Eucalyptus Avenue, would present significant supervision problems for school administrators as well as for local city law enforcement officers, The City of Rialto ~lanning Department recommended that additional landscaping be provided along the street frontages. The Department further suggested that additional architectural features be incorporated into the building design. The San Bernardino County Health Department indicated that plans must be reviewed and approved by that agency for the convenience market and gasoline sales operations, A condition of approval has been added to cover their request. The City of San Bernardino Fire Department requires that the gasoline pump islands be supervised at all times by the convenience store personnel, Consequently, a clear line of site must be maintained from within the store facility. A condition of approval is included for this provision. . c o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE r:II1' NO Rn-nl OBSERVATIONS i5 l'20'S7 . ~ . AGENDA ITEM HEARING DATE PAGE 11. ENVIRONMENTAL CLI;)ARANCE: At their regularly scheduled meeting on December Environmental Review Committee recommended declaration for the proposed center. (See Environmental Impact Checklist,) 18, 1986, the a negative Exhibit RBR, . c o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT' CASE CUP NO. 86-61 FINDINGS of FACT 10; 1/?0/87 f, AGENDA ITEM HEARING DATE PAGE 1. The proposed use conforms to the goals and objectives of the San Bernardino General Plan, 2, The proposed use will not adversely affect the adjoining land uses nor the growth and development of the area in which it is being proposed, 3, The size (0,63 acre) and rectangular (regular) shape of the site are adequate to allow full development of the proposed use in a manner not detrimental to the particular area, nor to the peace, health, safety or general welfare of the residents of the community, 4. The traffic generated by the proposed use will not impose an undue burden on the streets and highways designed and improved to carry the traffic in the area, Adequate parking will be provided on the site, 5. The granting of the conditional imposed and subject to the hereto, will not be detrimental general welfare of the citizens use permit, under the conditions standard requirements attached to the peace, health, safety or of San Bernardino, RECOMMENDATION Based upon the observations and findings of fact contained herein and subject to the conditions and standard requirements attached hereto, Staff recommends adoption of the recommended negative declaration and approval of Conditional Use Permit No. 86-61, Respectfully Submitted, FRANK A, SCHUMA, 'ng Director Planner - c o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP NO. 86-61 CONDITIONS AGENDA ITEM 15 HEARING S 11 7 1, Project shall be developed in accordance with the conditions setfor.thby the Parks and Recreation Department (see attached), 2, A clear view area from the convenience store facility to the gasoline dispensing pumps shall be maintained at all times. 3. The off-site sale of alcoholic beverages shall be restricted to packaged beer and wine, 4, Plans must be County Health gasoline sales reviewed and approved by the San Department for the convenience operations, Bernardino market and 5. The number of gasoline pump islands shall be reduced to one (1), 6, The applicant shall reduce the area of building to a maximum of 6,000 square feet; the amount allowed with 24 parking spaces or reconfigure the site plan to provide 25 total spaces. .. o o o o PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT CONDITIONS: -L The developer is to submit a complete master landscape and irrigation plan (3 copies) for the entire develop- ment to the Planning Department for approval. Upon approval, . the final landscape plan will be forwarded to the Director of Parks and Recreation for review and approval. The design shall include, but not be limited to the following: . ...lL The landscape plan shall meet the conditions set forth by the Department of Parks and Recreation. Street trees shall be planted on 35 feet center .spacing unless otherwise indicated by the Department of Parks and Recreation. The Department shall determine the varieties and locations prior to plant- ing .25 '% of the trees shall be 24" box specimens. Setback shall be burmed at a maximum 3:1 slope and shall be planted with a tall fescue type turfgrass. Landscape buffer zone to be installed between facilities. and street. -1L. Planters shall be enclosed with concrete curbing. , . Cl o o o r CITY OF SAN BERNARDINO REQUIREMENTS CASE CliP NO 86-61 1<; 1/'f/R7 ~ STANDARD AGENDA ITEM HEARING DATE PAGE ... ". " COMMERCIAL, INDUSTRIAL -L CUP NO, 86-61 shall be in effect for a period of 12 months from the date of approval. However, if no development has been initiated at the end of the 12-month period, the application shall expire, Additional time may be approved upon request of the applicant prior to expiration of the 12-month period. Expiration Date: January 20, 1988, 2 PARKI NG: a. This development shall be required to maintain a nrinimum of 25 stan- dard off-street parking spaces. b. All parking and driving aisles shall be surfaced with two inches of AC over a suitable base or equivalent as approved by the City Engineer. Parking spaces shall be striped and have Wheel stops installed at least three feet from any building, wall, fence, property line. or walkway. c. Whenever an off-street parking area Is adjacent to or across an alley from property zoned residential, a solid decorative wall six feet in height shall be erected and maintained along the property line so as to separate the parking area physically from the residentially zoned pro- perty provided such wall shall be three feet in height When located within the required front or street side yard setback. Where no front or street side yard is required, such wall shall be three feet in height When located within ten feet of the street line. d. Whenever an off-street parking area is located across the street from property zoned for residential uses, a solid decorative wall or equiva- lent landscape berm not less than three feet in height shall be erected and maintained along the street side of the lot not closer to the street than the required depth of the yard in the adjoining residential area. No fence or wall located in the front setback shall obscure the required front setback landscaping. ~ REFUSE ENCLOSURES: Whenever refuse bins are located within or adjacent to a parking area used by the public, they shall be enclosed by a decorative wall six feet in height along the rear and sides and screened gate(sl six feet in height along the front. The enclosure shall not be placed within the required front or street side yard setback area. Exact location and size of refuse enclosures are to be determined by the Planning Department and Division of Public Services Superintendent. "- -... ..... .....:.~..! ... . o o o o CITY OF SAN BERNARDINO STANDARD REQUIREMENTS ""l .... CASE CUP NO. 86-61 AGENDA ITEM . 15 HEARING DATE ~/87 PAGE 0 ~ ~ -1L- WALLS: a. Six-foot high solid decorative walls shall be required on the north . south . east X , and west or peri phera I property 11 nes. (OnT:Ythose marked with "X" or check mark app.,-y:) b. Chain-link fencing may be used, subject to approval by the Planning Department, --5....- LANDSCAPI NG: The intent and purpose of this section is to prevent trees and other landscaping from damaging public improvements. a. Street trees must be installed at a minimum of 30 feet on center. V ari eti es and exact locati on shall be determi ned by the Di rector of Park and Recreation. b. All required setbacks abutting a public right-of-way shall be landscaped (except for walks and driveways which bisect or encroach upon the required landscape area). c. Three copies of a landscape plan (including plant material specifications) shall be submitted to the Planning Department and Park and Recreation Department for review and approval. d. All required landscaping shall be protected from parking areas and shall be provided with automatic sprinkler facilities which shall be . maintained in an operative condition. e. Interior planting shall be required and maintained equal to at least five percent of the open surfaced parking area excluding the area of landscaping strip required by subsection "b" and shall include at least one tree for every five spaces or major fraction thereof, Measurements shall be computed from the inside of perimeter walls or setback lines. f. The requi red setback( s) from the north X . south , east X . west~ property line shall be densely landscaped with mature trees, shrubs, and groundcover. A _-foot landscaped earthen berm shall be erected and maintained within the setback along the above indicated property line. 6 I LLUMI NA Tl ON: a. All lighting fixtures in the parking areas shall be directed away from adjacent properties and the public right-of-way, .... ....y... III ro... . . o , CITY o 0 OF SAN BERNARDINO REQUIREMENTS o ..., CASE CoUP NO 86-61 AGENDA ITEM i'i HEARING ~~~ -::!:!DO I R 7 STANDARD .... ~ 7 MECHANICAL EQUIPMENT: -L. 9 10 -1L 12 ---11 14 a. Air conditioning and vent ducts shall be directed away from any adja- cent residential uses. b. All mechanical equipment located on the roof shall be screened and located away from adjoining residential uses, Screening design shall be approved by the Planning Department. Compliance with all recommendations of the Geology Report shall be required (if applicable), Grading and revegetation shall be staged as required by the City Engineer in order to reduce the amount of bare soil exposed to precipitation. During construction, the City Engineer may require a fence around all or a porti on of the peri phery of the si te to mi ni mi ze wi nd and debri s damage to adjacent properties. The type of fencing shall be approved by the City Engineer to assure adequate project site maintenance, clean-up and dust control. Within 75 feet of any single-fami ly residential district, the maximum height of any building shall not exceed one-story or 20 feet unless the Commission determines that due to unusual topographical or other features, such restrictive height is not practical. All utility lines shall be installed underground subject to exceptions approved by the Planning Department and the City Engineer. No Certificate of Occupancy shall be issued prior to compliance with these Standard Requirements as well as all provisions of the San Bernardino Municipal Code. SIGNS: All signs shall be in conformance with San Bernardino Municipal Code Section 19.60. Three copies of a plot plan and elevation of the sign drawn to scale shall be submitted to the Plannin9 Department for review and approval prior to issuance of the sign permit from the Building and Safety Oepartment. a. Monument-type signs shall not be located within the required setback for the zoning district in which the sign is located, The monument sign shall be located a minimum of 5 feet from the property line. If the monument sign is located within the setback, it shall not exceed an overall height of 3 feet. b. All freestanding signs must have 8 feet of clearance between average ground level and the bottom of the sign. Mitt . ill 0' ... 000 F' CITY OF SAN 'BERNARDINO STANDARD REQUIREMENTS o ..... CASE CUP NO. 86-61 15 1/"LU/87 11 ~ AGENDA ITEM HEARING DATE PAGE .... ,. ..... ENGINEERING DIVISION Pro je c t De scr i p t ion: CUP 1/86-61 Retail/ r.nmmp-rcial center at SEe ofM111 Street and PeDper Avenue Da te: 1/13/87 Prepared By:~ Reviewed By: GRK Page 1 --or-- 4 pages Owner/Applicant: Forecast CorD. NOTE TO APPLICANT: . Where separate Engi neerl ng plans are requi red, the applicant is responsible for submitting the Engineering plans directly to the Engineering Division. They may be submitted prior to submittal of Building Plans, STANDARD REQUIREMENTS 15 Payment of all applicable Engineering fees. Contact Engineering Division for schedule of fees, 16 Submittal of a grading/drainage plan conforming to all require- ments of Title 15 of the Municipal Code, including submittal of a satisfactory soils investigation containing recommendations for grading, prior to issuance of a grading or building per- mit. 17, 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, 18, Design and construction of all public utilities to serve the site in accordance with City Code, City Standards and require- ments of the servi ng uti 1 i ty, .... ... .... Iky l . . 4- o ~ CITY OF SAN STANDARD REQUIREMENTS o 0 BERNARDINO o CASE CUP NO, 86-61 AGENDA ITEM 15 HEARING ~~~ ::::ig/87 ~ '" r . ~ ENGINEERING DIVISION Project Description: CUP 1186-61 Retail/ commercial center at SEC of Mill Street and Pepper Avenue Da te : 1/1~7 Prepared By: MWG Page 2 Of Reviewed By: GRK 4 pages 19, Dedication of sufficient right-of-way along adjacent streets ,to provide the ultimate master-planned width or as determined by the City Engineer, 20. Design and construction of all required public improvements to conform to the ultimate planned cross section (such as street widening. curb and gutter. sidewalk. street lights. handicap ramps, and others) in accordance with the Municipal Code, City Standards and the requirements of the City Engineer, SPECIFIC REQUIREMENTS 21. Drainage ill Flood Control All necessary drainage and flood control measures shall be subject to the requirements of the City Engineer. which may be based in part on the recommendations of the San Bernardino County Flood Control District, The developer's Engineer shall furnish all necessary data relating to drainage and flood control, 22. .Grading a) If more than I' of fi 11 or 2' of cut is proposed. then a grading plan prepared by a Registered Civil Engineer and a grading permit will be required, b) If more than 5.000 cubi~yards of earthwork is proposed. then the grading shall be supervised in accordance with Section 7014 (c) of the Uniform Building Code and a grading bond will be required, '" ~ .." .k, . , ~. 000 CITY OF SAN BERNARDINO o ~ CASE r:lIP NO 86- 61 11) 1/?i4/R7 STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE PAGE ~ ... ~ ~ [N&IN[[III& DIVISION Project Description: CUP 1/86-61 Retaill commercial center at SEC of Mill Street and Pepper Avenue Conditions Date: Prepared By: MWG Page 3 Of 1f13/87 Rev ewed By: 4 pages GRK c) The site/plot/grading and drainage plan submitted for a building permit shall contain sufficient ground elevations (both existing and proposed), building pad and finished floor elevations, grade slopes. and gradients to define the amount of grading to be done and the means of draining the si te, 23. Utilities a) Sewer main extensions required to serve the site shall be con s truc ted at the deve loper's expense, b) Sewers within private streets will not be maintained by the City but shall be constructed to City standards and inspected under a City Public Works inspection permit, c) Utility services shall be placed underground and easements provided as required. d) A private sewer plan shall be prepared by the developer and submitted for approval of the City Engineer, 24. Street Improvements!!!.!!. Dedications a) The structural section for all streets shall be designed and submitted to the City Engineer for approval using a TI assigned by the City Engineer and an R value obtained on the subgrade after rough grading by a recognized soils testing lab. All streets shall have a minimum AC thickness of 2-1/2 inches, b) For the streets listed below. dedication of adequate street right-of-way (R,W,) to provide the distance from street centerline to property 11 ne and placement of the curb 11 ne (C,L.) in relation to the street centerline shall be as {allows (for the streets marked * the existing improvements shall be removed and replaced to the dimensions noted): ... ~ .... Illy ., . o CITV SAN o 0 BERNARDINO o ~ OF "" CASE CUP NO, 86-61 15 114~/87 1 c;. STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE PAGE "- r . EI'IIEERII' DIYISIOI Projec ~ Descr1 pt1 on: CUP #86-61 Retail/ commercial center at SEe of Mill Street and Peoo.!:!: Avenue Conditions Date: 1/13/87 Prepared By:~ ReVrewed BY:GRK Page 4 ~ 4 pages Street Name ~ (ft.) Mill Street 50' Pepper Avenue 50' C, L,( ft.) 36' 36' c) All public streets within and adjacent to the development shall be improved to include combination curb and gutter. sidewalk, paving. ornamental street lights, and appurten- ances as required by ~he City Engineer. d) All driveway approaches shall be constructed to Ci ty standards or as may be approved by the City Engineer. e) Street signs and other regulatory signs shall be installed at the developer's expense as required by the City Engineer, f) A handicap ramp shall be constructed at the intersection(s) and the necessary right-of-way dedicated to accommodate the ramp as required by the City Engineer. 25, Applicable Engineering I!!.!. a) Plan check and inspection fees for off-site improvements. b) Plan check and inspection fees for on-site improvements (except building s - See Building and Safety). c) Plan check and inspection fees for grading, d) Traffic signal participation fee in the amount cSf $10.620.00 based on 1,062 trips at $10.00 per trip. 26, Required Engineering Permits a) Grading Permit b) Constructi on permi t for on-s1 te improvement (except buildings - see Building and Safety), c) Construction permit for off-site improvements. "- .... .... u, ... o o. o , . , , , , , '.4~ . ~ I I " I I J ." , , , ., r--, I 'I' , I , , " I I' , I ~ i I ...-l ,,0;'."--... , , .,;,1...... ~ " ~ ~I ':. " , , II "f.' " '. , .',. , , , ~ -::.~ .._'." ',- ",--' . EmIDI,.. o ." I"" "... 'It ~;' I. 't';' . ,~ . ';" '..\,\. ..,...: I:~~' .":;', lfto( .'t!i<,;,.'. '.~ . 'j).'~ .t.~ ..::. .... ~~I- . o ..;' . " .if" . .~ ~,:iI' ]-r; t,. le, ~ .... 'I .' ., .::1 : ~ ,~,~. " ' .. . . ',' ~.: , . ~ . . ~,:. ',: . . "ii' ~J;:. ,j" I .: ~:'f' : I . . ,w' .#'f1r:' '1' ",0 . .-. o .--' -0 -- -. -. -_.-~ . ..... ~ t- ! I i , . .' .. ....",....1 !i!I' :. ,,- (I; '"I' .- . " - II.. .. ".. 'Iei IU~ . I '-. I:,I/I;h ~t) I~I~~ ;,I~. , I , i , , ~! i ~ i i i lij i i ,i, I' I~' 'I"'l~ , I ctq 1,!,='5~ ,'1; ;.1 iJll~~ ~ 1 .~ fll ' , I I It I i I EI i : I f ' I I , ~~ €) 11.~1 . inlP -I f'.1 I '1 ' I I . ~~&.,.--~ -,.. ~~ - ......... ilIr" - - ..... r- BOARD OF EDUCATION WilMER D. CARTER WilLIAM G. JEHUE JOHN R. KAZAlUNAS, Ed. D. ALeERT J. KEEGAN G, ARTHUR WlllARDSEN, D.D.S. 'R-~fA-~ To--OU-N- t-F'fE"B-- _____~_ _ _.__._..___ .____ ______.._._ _ _____..._.__._.4.__....._.___ ___.__.__ __._.__.__..._ _ __ ----..--------------..-------- ---.----.--.---------- -. .---- - -~- _~_c H O. 9_ ~ __PI S T ~_I._9 _T_J 182 East Walnut Ave., Rlalto, California 92376-3598 Telephone (714) 820-7700 December 8, 1986 DAVID l. ANDREWS, Ed, D. Superintendenl of SchOOls Mr. Donald Williams / Planning Department City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 EXHIBIT "A" Dear Mr. Williams Notice has been received by the Rialto Unified School District concerning Application for Conditional Use Permit 86-61 in which applicant requests approval to construct a convenience market/retail commercial center offering the sale of alcoholic beverages for off-si te comsumption on a ,63 acre si te on the southeast corner of Mill and Pepper Avenue, The Rialto Unified School District has been approved, through the State School Building Program, for funds to purchase a 40 acre si te on the south side of Mi II, on property which extends from Pepper to Eucalyptus. The City of San Bernardino Planning Commission approved the location of the high school on October 7. 1986. The distance from the Conditional Use Permit applicant's property is less than 100 feet from the new high school site, The District will begin design plans in January, 1987 and occupancy of the new high school is planned for September, 1990, In the interest of all students. as well as community members, it is requested that the Planning Commission disapprove construction of a business which will offer the sale of alcoholic beverages within close walking proximity to the new high school, Availability of alcoholic beverages immediately across the street would present significant supervision problems for school administrators as well as for local city law enforcement officers. Sincerely, ";:--l tt :~ :.: I A denial of the application at this time will avoid future probl ~ for both the School District and the community. Your considerat dn of the above request is respectfully requested, r~ (f! Ie; n \'n ~ tl.J t~~1 ll_~ :' '.. :-' rID o 1986 ~. ! .. , , .1 '-I . -I ---- I .---\ '--J David L. An rows, Superintendent criY r'I.I~.I":;;.,. . ii-::~T SAN B[;;,,;.'::;, i:A Enclosure . Youth: Our Most Valuable Resource. DLA/kp r fl . . ~ o CITY OF SAN BERNARDINO PLANNING DEPARTMENT ENVIRONMENTAL REVIEW COMMITTEE ENVIRONMENTAL IMPACT CHECKLIST 'r """II A. BACKGROUND EXHIBIT liB" 1. Caee Number <a): Cnndi tinn..l lJA,:ll P,:.-rmir #RF.-F.l .~te:12118/86 2. Project Description: 6.230 sQ.J1are foot: convenience store/iasoline station nffering the sale of alcoholic beveraies for off-site cnnAumptinn 3. General Location: Southeast corner of Mill Street and Pepper Aye . B. ENVIRONMENTAL IMPACTS YES MAYBE NO 1. Could project change propoaed uses of land, as indi- cated on the General Plan, either on project site or within general area? .JL - 2, Would significant increases in either noise levels, dust odors, fumes, vibration or radiation be gener- ated from project area, either during conatruction or from completed project other than those result- ing from normal construction activity? - ..x 3. Will project involve application, use or disposal of hazsrdous or toxic materials? .JL - 4. Will any deviation from any established environ- mental standards (air, water, noise, light, etc.) and/or adopted plans be requested in connection ...x . with project? - 5. Will the project require the use of significant amounts of energy which could be reduced by the use of appropriate mitigation measures? - -X 6. Could the project create a traffic hazard or congestion? - X - 7. Could project result in any substantial change in quality, quantity, or accessibility of any portion of region's air or surface and ground water re- sources? X "" ... MAY'" EXHIBIT "B" lAC. ,0IIII .. 'M. I 0' . ) '0 MAY'. 8. Will project involve construction of facilitiee in an area which could be flooded during an inter- mediate regional or localized flood? 9. Will project involve conetruction of facilitiee or aervices beyond those presently available or pro- posed in near future? 10. Could the project result in the displacement of community residents? 11. Are there any natural or man-made features in pro- ject area unique or rare (i.e. not normally found in other parts of country or regions)? 12. Are there any known historical or archaelogica1 sites in vicinity of project area which could be affected by project? l~. Could the project affect the use of a recrea- tionsl area or srea of important aesthetic value or reduce or restrict accees to public lands or parks? 14. Are there any known rare or endangered plant speciee in the project area? 15. Does project area serve as habitat, food source, nesting place, source of water, migratory path, etc., for any rare or endangered wildlife or fish species? 16. Will project be located in immediate area of any adverse geologic nature such as slide prone areas, highly erosible soils, earthquake faults, etc.? 17. Could project substantially affect potential use or conservation of a non-renewable natural resource? 18. Will any grading or excavation be required in connection with project which could alter any existing prominent surface land form, i.e., hill- side, canyons, drainage courses, etc? 19. Will any effects of the subject project together or in conjunction with effects of other'projects cause a cumulative significant adverse impact on the environment? YES - MAYBE x NO x x x x x x x x x x x lAC. '01111 " ""HtOP. ~ ~ ~ o o o o C. SUMMARY OF FINDINGS AND CUMULATIVE EFFECTS If any of the findings of fact have been anewered YES or HAYBE, then a brief clarification of potential impact shall be included as well as a discussion of any cumulative effecte (attach additional sheete if needed). See Attachment D. MITIGATION MEASURES Describe type and anticipated effect of any measuree proposed to mitigate or eliminate potentially significant adverse environmental impacts: See Attachment E. DETERMINATION On the basis of this initial evaluation, G1 We find the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. [] We find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures deecribed on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. [] We find the proposed project HAY have a significant effect on the environ- ment, and an ENVIRONMENTAL IMPACT REPORT ie required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA Vt11t w.eRI#' (Secretary) VALERIE C. ROSS, Assistant Planner DATE: December 18. 1986 \.... ... MAY III Ul:. _ , -...--- .., "- c -' o o .- o ) (SUMllARV: (CONTINUED) ) ~II.C, ~TE: ENVIRONMENTAL CHECKLIST EXHIBIT 'B' (Cont'dl C. 1, The proposed commercial General Plan designation 14 dulacl for the site. center varies from the current of Medium Density Residential (8- 3, The proposal will involve the dispensing of gasoline, 6, The proposal will generate or attract more traffic than a typical neighborhood commercial center without the sale of gasoline of alcoholic beverages. 9. City sewer treatment capacity may be limited at the time of development, D, 1. Landscaping setbacks and other architectural treatment will assist in mitigation of any potential negative impacts, 3, Gasoline dispensing operations will be reviewed and monitored by the San Bernardino County Department of Health as well as applicable State and Federal agencies. 6, The location of the two driveway access points to the site are placed sufficiently in distance from the intersection of Mill Street and Pepper Avenue to mitigate traffic congestions at the intersection. 9. Applicant will need to purchase adequate sewer capacity rights which have been established to allow for treatment plant expansion, OCT "I ._, IRe ,_ c " ,~ () o o o AGENDA ITEM # CITY OF SAN BERNARDINO PLAt*.lING DEPARTMENT LOCATION '- - ~-J -= - =\ <JJ I :':'::':.' '\ --. )~O .'( , , I \i . .. i ::i ~ U r~ I \ ,.,: 1,..1: ~.. '... ...1 ]" J: R-I ] - R-I R-I ,', .... ~, I: ....: " \. 11-1 C-3A R-2 R-3-3OlX) C-2 C'2 R'I J,.. 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