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CI" OF SAN BERNARD~ - REQU~T FOR COUNCIL AC,ON
From:
Frank A. Schuma
Planning Director
Planning
Subject:
Appeal of Conditions of Approval
for Conditional Use Permit No. 84-61
Mayor and Council Meeting of
January 21,1985,9:00 a.m.
Dept:
Date:
January 10, 1985
Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on November 20, 1984, the following
action was taken:
The application for Conditional Use Permit No. 84-61 was approved based upon
findings of fact contained in the staff report dated November 20, 1984 and
subject to the conditions and standard requirements listed therein.
The Negative Declaration for environmental review was also approved.
Vote: Unanimous.
Recommended motion:
That the hearing on the appeal be closed and the decision of the Planning Com-
mission be affirmed, modified or rejected.
(;:\.LcM-
Signature Frank A. Schuma
Supporting data attached:
Yes, Staff Report
Ward:
383-5057
4
Contact person:
Frank A. Schuma
Phone:
FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Notes:
75-0262
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BEST CA~t-UHI"II-'Io.c)'-~J
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November 30. 19B4
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l4ayor and Common Council
City of San Bernardino
300 North D St.
San Bernardino, Ca. 92418
RE: CUP *84-61
Best California Gas #324
247 E. 40th St.
San Bernardino, Ca. 9240'
Dear Mayor Holcomb--
In accordance with the San Bernardino Municipal Code,
Chapter 19.78.070, Best California Gas, Ltn. wishes
to appeal one of the conditions set forth by the
Planning Commission regarding the above referenced
Conditional Use Permit.
Specifically, Condition *7 requiring the closure of
two existing driveways and the construction of one
thirty six foot wide driveway.
An investigation of the site by our Product Distribution
Department revealed that delivery of gasoline could be
achieved under the proposed driveway plans but, in the
event that some future requirement by the City or the
shopping center caused the closure of the private roads
to the East and West of our property, we would be
unable to deliver gasoline to our underground tanks.
Please consider this serious potential problem when
the Common Council conducts a public hearing on this
appeal.
10000 Lakewood Boulevard, Downey, California 90240 (213) 923-9876 (714) 522-3244
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300 NORTH "0" STREET. SAN BERNAROINO. CALIFORNIA 92418
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W.R. "BOB" HDLCOMB
Mayor
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Members of the Common Council
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RoJ',Htrt A. Castaneda .. .. .. .. .. .. .. .. .. First Ward
Jaok Reilly....... .............. .. .. . Second Ward
Ralph Hernandez.. .. .. .. .. .. .. .. .. .. .. Third Ward
Steve Marks.. .. .. .. .. .. . .. .. .. .. .. .. Fourth Ward
Gordon Qulel .. .. .. . .. . .. .. .. .. .. .. .. Fifth Ward
Dan Frazier .. . .. .. .. .. . .. .. .. .. .. . .. Sixth Ward
Jack Strickler .. .. .. . .. .. .. .. .. .. ..' .seventh Ward
November 26, 1984
Best California Gas ltd.
10000 lakewood Boulevard
Downey, CA 90240
Dear Sir or Madame:
At the meeting of the Planning Commission on November 20, 1984, the
following action was taken:
The application for Conditional Use Permit No. 84-61, to permit a
mini-market in conjunction with an existing service station in the
C-3A limited General Commercial zone on property consisting of approx-
imately .32 acre and further described as 247 East 40th Street, was
approved based on findings of fact contained in the staff report dated
November 20, 1984 and subject to the conditions and standard requirements
listed therein.
According to the San Bernardino Municipal Code, Chapter 19.78.070., the
following applies to the filing of a conditional use permit:
"The decision of the Commission shall be final unless appealed in \'Iriting
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."
If no appeal is filed pursuant to the above provisions of the San Bernardino
Municipal Code, the action of the Commission shall be final.
Respectfully,
~U
FRANK A. SCHUI~A
Planning Director
cc: Building and Safety Dept.
Engineering Division
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
SU~~MARY
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AGENDA ITEM
HEARING DATE
WARD
12
11-20-84
4
APPLICANT:
Best California Gas ltd.
Marcos Ocequeda
10000 lakewood Blvd.
Downey, CA 90240
Conditional Use Permit No. 84-61
OWNER: '
Subject property is a rectangularly-shaped parcel of land consisting of
approximately .32 acres and further described as 247 East 40th Street.
The applicant requests approval of a conditional use permit under authority
of Code Section 19.28.020.C.4.a. to permit a mini market in conjunction with
an existing service station in the C-3A, limited General Commercial Zone.
EXISTING
LAND USE
Self-service Gas Station
Fast-food restaurant
Commercial Center
Bank
Commercial Parking lot
GENERAL PLAN
DESIGNATION
General Commercial
General Commercial
General Commercial
General Commercial
General Commercial
PROPERTY
Subject
I~orth
South
East
West
ZONING
C-3A
C-3A
C-3A
C-3A
C-3A
GEOLOGIC / SEISMIC DYES FLOOD HAZARO DYES OZONE A ( SEWERS 41 YES )
HAZARD ZONE [jJNO ZONE !Xl NO , OZONE B DNO
High Wind @YES AIRPORT NOISE / DYES REDEVELOPMENT DYES
HAZARD ZONE ONO CRASH ZONE IX] NO PROJECT ARE^ !Xl NO
.-J o NOT o POTENTIAL SIGNIFICANT Z [X] APPROVAL
~ APPLICABLE EFFECTS 0
WITH MITIGATING - [Xl
z(/) MEASURES NO E.I.R, ti CONDITIONS
1IJ(!) o EXE""PT o E.I.R. REQUIRED BUT NO 11..0 0 DENIAL
~ II..Z
2~ SIGN IFICANT EFFECTS W
00 WITH MITIGATING ~~ 0 CONTINUANCE TO
0=2: MEASURES (1)::lE
:;0: 0
z []I NO o SIGNIFICANT EFFECTS 0
1IJ SIGNIFICANT SEE ATTACHED E.RC. 1IJ
EFFECTS MINUTE.S a::
NOV. 1981 REVISED JULY 1982
SKY
,cITY OF SAI\! IJL.-:N/Voo:UU\lU PL,L\~\ll'~L, U!::.I-'AK I Ml:.::J'J I
, U ' ':...,) CASE Conditi o~ill Use
t')'''' ~.,,~ ~'~ r.=..> ~:'))~f.~. ""i""~' "fi{~)'r\~t("':l. Permit No. 84-61
II J "d)' "-,,)r>,, l~', . /'(' H I nU" iJ"'::O:, AG;:-NDA ITEM l?
, I) , I, . -.,' ' -
~.. "~, L",. u 11 ", VJ' HEARING DATE 11-20-84
PAGE ?
.1. The applicant is requesting approval to expand an existing self-service
gasoline station by the addition of a third pump island and canopy and the
addition of 640 square feet of area to an existing building to be utilized
as. a mini-market located at 247 40th Street.
2.
The proposed mini-market is a retail operation and is a permitted use in
the C-3A, Limited General Commercial Zone. The requested combination of
the mini-market and self-service gasoline station requires the approval of
a conditional use permit.
3. The surrounding properties are zoned and developed in accordance with the
C-3A, Limited General Commercial Zone per the General Plan designation of
General Commercial.
/
4. The submitted site plan indicates that six (6) standard off-street parking
spaces shall be provided. The San Bernardino Municipal Parking Code re-
quires five (5) parking spaces for the 1,219 square foot mini-market with
a minimum of 5% landscaping of the parking area (excluding required land-
scaped setbacks).
Staff has prepared Exhibit 'A' which eliminates one parking space and pro-
vides the required minimum square footage of interior landscaping required
for the project. Staff recommends that the interior landscaping be provi-
ded along the east property line with a thirty-foot wide driveway to sepa-
rate and define the site from the private road.
5. The San Bernardino Municipal Code requires a minimum five-foot wide land-
scaped setback adjacent to the street right-of-way in the C-3A Zone. The
submitted site plan indicates that a three-foot wide landscaped setback
shall be provided along 40th Street. A condition of approval has been
included requi ri ng the front landscaped setback be increased to fi ve feet
in accordance with the San Bernardino Municipal Code.
6. The submitted site plan indicates that there are currently two gasoline
pump islands with a 1,431 square foot canopy. The applicant proposes to
add an additional gasoline pump island and expand the canopy to a total of
2,241 square feet in area.
7. The submitted site plan indicates that two thirty-foot wide driveways cur-
rently exist providing ingress/egress from 40th Street. The City Traffic
Engineer has indicated that due to the excessive number of driveways along
40th Street, a condition of approval has been included requiring the two
existing driveways be closed and one thirty-six-foot wide driveway be con-
structed approximately centered between the two outside pump islands. That
area where the two driveways did.exist shall be landscaped with a five-foot
wide planter in accordance with Exhibit 'A'. A twelve-foot wide drive
aisle will exist between the two outside pump islands and the front land-
scaped planter. The Traffic Engineer has indicated that adequate turning
radius and overall circulation will be provided.
OlTY OF SAN BL.~Nf\C}DINO PLA~lNl DEPARTMENT
, . CASE Cond it i ona 1 Use Permi
O. ';4)~ 'P"U"'))'~~~C:;"''LInor.\~~'~ No. 84-61
) il'j\~""')l(~' L" ' ',,\ Y H ' ) 1I. ~.:), AGENDA ITEM 12
~...~~y 1.:""" U , bl ~,. HEARING DATE 11-70_.84..-
PAGF .1
8.
At the regularly scheduled meeting of the Environmental Review Committee
meeting on October 25, 1984, the project was issued a Negative Declaration
with the following observations:
1. The site is located in a High Wind Zone which can be mitigated
at the time of development.
2. The dispensing of flammable liquids requires supervision at all
times by a qualified attendant. The submitted floor plan may
not provide sufficient visibility of all of the pumps. The com-
bination of a retail operation in conjunction with the dispen-
sing of gasoline may also reduce the supervision of the dispen-
sing of the gasoline. (See attached memo by the Fire Marshall).
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CITY OF SAN BERN
NING DEPARTMEN
CN;[ CQTldjtionaLUse~
F'A'CT Permit No. 84-61
~ AGENDA ITEM 12
HEARING DATE 11-20-84
PAGE 4
RDI,NO PL
FINDINGS o'f
..,
1. The proposed mini-market and self-service gasoline station is of a commer-
cial nature and conforms to the objectives of the City's General Plan de-
signation of General Commercial.
2. With the recommended modifications, the proposal will not adversely affect
the adjoining land uses or the growth and development of the area in which
it is proposed to be located.
/
3.
The 13,750 square foot rectangular site is adequate in size and shape to
allow for the full development of the mini-market and self-service gaso-
line station in a manner not detrimental to the area or to the peace,
health, safety and general welfare.
The traffic generated by the mini-market and gasoline station wi 11 not
impose an undue burden upon 40th Street and adequate parking and circula-
tion will be provided with the required modifications.
The granting of the requested conditional use permit under the conditions
imposed wi 11 not be detrimental to the peace, health, safety and general
welfare of the citizens of the City of San Bernardino.
4.
5.
6.
The project will not impose a negative impact upon the environment and was
issued a Negative Declaration. The location of the site within the High
Wind Hazard Zone can be mitigated at the time of construction by using
20 p.s.f. wind load in the design of the structure. The floor plan and
supervision of the dispensing of flammable liquids must meet Article 79
of the Uniform Fire Code and is subject to the regulations of the Fire
Department.
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NOV. 1'J80
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CITY OF SAN BER
NNING DEPARTMEN
CASE Conditional Use Pennit
No. 84-61
AGENDA ITEM 12 ____
HEARING DATE 11-20-8:'1_
PAGE 5
CONDITIONS
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2.
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3.
4.
The submi tted site p lan shall be revi sed in accordance with Exhi bi t I A I to
., comply with requi red setbacks and i nteri or 1 and scapi ng for the C-3A Zone.
Comply with all requirements of the Building and Safety Department.
Subject to the rules and regulations of the Fire Department and must comply
with Article 79 of the Uniform Fire Code.
The two exi sting 30-foot wide driveways along 40th Street shall be closed
and a 5-foot wide landscaped planter shall be provided where the driveways
existed. One 36-foot wide driveway (centered between the two outsIde pump
islands) shall be constructed in accordanCe with Exhibit 'A'.
RECOMMENDA Tl ON:
Based upon the observations and findings of fact and subject to the standard
requi rements and condi ti ons li sted herein, Staff recolTfl1ends adopti on of the
Ne9ati ve Declarati on and approval of Conditi onal Use Permit No. 84-6l.
, Respectfully submitted,
FRANK A. SCHUMA
Planning Director
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1"",/; ),1."'1'.%
ANN LARSON
Assistant Planner
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CITV Of SAN B
\
NARDaNO
CASE Conditional Use
Permit No. 84-61
AGENDA ITEM 12
HEARING DATE 11-20-84
PAGE 6
ST ANDARD REQl!laRE~JJlENTS
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COMMERCI AL, I NDUSTRI AL,
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. Conditional Use Permit 84-61 shall be in effect for a period of 12 months
from the date of approval. However, if no develQpmert 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: November 20, 1985.
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2.
PARKING:
a. This development' shall be required to maintain a minimum of ~ 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 provi ded such wa 11 shall be three feet in hei ght 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.
3.
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(s) 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
CASE Conditional II~!'
Permit No A4-fil
AGENDA ITEM l?
HEARING DATE 1l-?O-R4
PAGE 7
ST ANDARD REQUIREMENTS
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WALLS:
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a. Six-foot high solid decorative walls shall be required on the north
,south ,east ,and west or peri pheral property
lines. (Onl:Ythose marked with "X" or check mark apply.)
b. Chain-link fencing may be used, subject to approval by the Planning
Department.
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LAND SCAPI 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.
Varieties and exact location shall be determined by the Director 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
1 and scapi n9 s t ri p requi red by sub sect ion "b" and shall i nc 1 ude 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 required setback(s) from the north , south X ,east ,
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.
5.
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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MA'i '84
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BERNARDINO
CASE Conditional Use
Permit Nn 1\4-61
AGENDA ITEM 12
HEARING DATE 11-?O-R4
PAGE 8
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STANDARD REQUIREMENTS
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8.
9.
10.
11.
12.
13.
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MECHANICAL EQUIPMENT:
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 app 1 i cab 1 e) .
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
portion of the periphery of the site to minimize wind and debris damage to
adjacent properties. The type of fencing shall be approved by the City
Engineer to assure adequate project site mainten~nce, clean-up and dust
control.
Within 75 feet of any single-family 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 Planning Department for review and
approval prior to issuance of the sign permit from the Building and Safety
Department.
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.
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PAGE 3 OF 3
MAY 84
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ITV OF SAN ~ARDINO 0
(
STANDARD REQUIREMENTS
CASE Conditional Use
Permit NO. 84-61
AGENDA ITEM 12
HEARING DATE 11-20-84
PAGE q
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~~4. Drainage and Flood Control:
All drainage from the development shall be directed
to a public dedicated street, alley, or drainage
facility. If this is not feasible, proper drainage
facilities and easements shall be provided to the
satisfaction of the City Engineer.
15. Street Improvements and Dedications:
a.
a. All driveway approaches shall be constructed to City
standards or as may be approved by the City Engineer.
b. Street signs and other regulatory signs shall be
installed at the developer's expense as required by
the City Engineer.
c. 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
Ctiy Engineer.
d. Any exi$ting improvements that ~re damaged or
destroyed during construction shall be replaced at
the direction of the City Engineer.
I
16. Gradi ng:
a. The site/plot/grading plan submitted for a building
permit shall contain sufficient ground elevations
(both existing and proposed), building pad and
finished floor elevations, graded slopes. and gra-
dients to define the amount of grading to be done and
the means of draining the site.
b. Each parcel shall be graded to drain to a public
dedicated street, alley, or drainage facility. If
this is not feasible, proper drainage facilities and
easements shall be provided to the satisfaction of
the City Engineer.
17. Utilities:
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provided with separate water and
it can be served by the City or
such services in the area.
a.
Each parcel shall be
sewer facil i ties so
the agency providing
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ITV OF SAN ~ARDINO 0
CASE Conditional Use
Permit No. 84-61
AGENDA ITEM 12
HEARING DATE 11-20-84
PAG E 11)
STANDARD REQUIREMENTS
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the nearest upstream manhole rim of the serving sewer
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c.
Sewer main extensions required to serve the site
shall be constructed at the developer's expense.
d.
Utility services shall be placed underground and
easements provided as required.
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To
ANN LARSON
PLANNiNG DEPARTMENT
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From
MIKEL J. PARK
Subject
Date
OCTOBER 16, 1984
Approved
Date
/
The physical layout of the flammable liquid dispensing system does not
meet the letter of the law, but it can work if all other sections of the
code are adhered too. The section of concern is Uniform, Fire Code Article
79 - 903 (b) Supervision. This section should be a part of the C.U.P.
"Despensing Services"
Section 79.903 (b) Supervision. The dispensing of class I and class II
liquids into the fuel tank of a vehicle or into a container shall at all times
be under the supervision of a qualified attendant.
The attendant's primary function shall be to supervise, observe and control
the dispensing of class I and class II liquids while said liquids are being
dispensed. It shall be the responsibility of the attendant to prevent the
dispensing of class I and class II liquids into portable containers not in
compliance with Section 79.104 (a), control sources of ignition, and to give
immediate attention to accidential spills and fire extinguishment, if needed.
.'
J;,.,/'fL.~L
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MIKEL J. PARK
FI RE MARSHALL
MJP : 1 r
(fry ON rHE~DV;E
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ITEM #
LOCATION
CASE C.D.P. #b4-bl
HEARING DATE 11/20/84
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