HomeMy WebLinkAbout51-Planning
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CI10 ~F SAN BERNARDO
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- 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
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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
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F.A.C.
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SAN l.liiii'JARillNO. CA
7365 Hellman Avenue
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Rancho Cucamonga, California 91730
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(714) 987-7788
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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:
-------------------------------------------------------------
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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
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Attch,
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FEB 03 1987
CITY PLANNING DEPARTMENT
SAN BERNARDINO. CA
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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
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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.)
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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
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BOARD OF
EDUCATION
WILMER D.
CARTER
WILLIAM G.
JEHUE
JOHN R.
KAZALUNAS, Ed 0
AI BERT J
KEEGAN
G. ARTHUR
WILLARDSEN, D.D.S.
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RIALTO
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__.____,. ___..~__._ __ - __.u_ '_
SCHOOL
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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 .
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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.
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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
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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
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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,
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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
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BOARD OF
EDUCATION
WilMER 0
CARTER
WilLIAM G.
JEHUE
JOHN R.
KAZAlUNAS. Ed 0
ALBERT J.
KEEGAN
G. ARTHUR
WlllARDSEN, D.D.S.
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-..--..-----..---
,
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
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SAN BERNARDINO, CA
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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
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CiTY OF SAN BERNARDINO PLANNING DEPARTMENT
SUMMARY
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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::
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CliP NO RI'i-l'il
OBSERVATIONS
1'.
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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.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT -.,
CASE ~IT'P NO RF._F.l
OBSERVATIONS
1 ~
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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,
,
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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.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE r:II1' NO Rn-nl
OBSERVATIONS
i5
l'20'S7
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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,
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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
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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.
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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.
, .
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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.
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CITY OF SAN BERNARDINO
STANDARD REQUIREMENTS
""l
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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,
....
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, CITY
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OF SAN BERNARDINO
REQUIREMENTS
o
...,
CASE CoUP NO 86-61
AGENDA ITEM i'i
HEARING ~~~ -::!:!DO I R 7
STANDARD
....
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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 .
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F' CITY OF SAN 'BERNARDINO
STANDARD REQUIREMENTS
o
.....
CASE CUP NO. 86-61
15
1/"LU/87
11
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AGENDA ITEM
HEARING DATE
PAGE
....
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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,
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~ CITY
OF SAN
STANDARD REQUIREMENTS
o 0
BERNARDINO
o
CASE CUP NO, 86-61
AGENDA ITEM 15
HEARING ~~~ ::::ig/87 ~
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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,
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CITY OF SAN BERNARDINO
o
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CASE r:lIP NO 86- 61
11)
1/?i4/R7
STANDARD
REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
~
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[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):
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BERNARDINO
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CASE CUP NO, 86-61
15
114~/87
1 c;.
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
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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.
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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,
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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 ~
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o 1986
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David L. An rows,
Superintendent
criY r'I.I~.I":;;.,. . ii-::~T
SAN B[;;,,;.'::;, i:A
Enclosure
. Youth: Our Most Valuable Resource.
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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
"" ...
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EXHIBIT "B"
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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
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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
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(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,
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AGENDA
ITEM #
CITY OF SAN BERNARDINO PLAt*.lING DEPARTMENT
LOCATION
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CASE
CUP NO, 86-61
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