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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: William Woolard, Interim Director
Subject:
An appeal of Planning
Commission denial of CUP
No. 99-15 - To establish a
billiards parlor at 1098 N.
Waterman Avenue in the CG-
I, Commercial General, land
use district.
Dept: Development Services
Date: August 15, 2000
MCC Date: September 5, 2000
Synopsis of Previous Council Action:
None
Recommended Motion:
That the public hearing be closed, the appeal be denied, and the Planning Commission's denial
of CUP 99-15 be upheld based on the Findings of Fact.
~
William Woolard
Contact person:
Tnp Rplhnrli, AC1c:n(';~tp Pl~nnp:,.
Phone: (000) _R4 ~0~7
Supporting data attached: St~ffRt:port
Ward:
'2
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
"
Council Notes:
1//5/00
Agenda Item No:-35
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
An appeal of the Planning Commission denial of Conditional Use Permit
No. 99-15
Mayor and Common Council Meeting of September 5, 2000
OWNER:
Mrs. Velma Feldmeir
1540 Pepper Tree Lane
San Bernardino, CA 92410
(909) 889-4391
APPLICANT/APPELLANT:
Mr. Daniel Allan
25287 1 ih Street
San Bernardino CA 92404
(909) 886-6869
BACKGROUND
Conditional Use Permit No. 99-15 is a request to establish a billiards parlor in an existing
building on the southwest comer of Waterman Avenue and 11th Street in the CG-l,
Commercial General land use district. The Planning Commission reviewed Conditional Use
Permit No. 99-15 at its August 8, 2000 meeting, and voted to deny the request, because the
proj ect site cannot accommodate the required parking for the proposed use. Commissioner's
Coute, Deny, Garcia, Lockett, Sauerbnm Thrasher and Welch, voted to deny the request.
Commissioners Durr, Enciso, and Ramirez were absent.
Refer to the Planning Commission staff report for a complete discussion.
The applicant is requesting to utilize shared parking as provided for in Resolution 96-135, the
Downtown Shared Parking Policy. However, the shared parking policy only applies to the
CR-2, Commercial Regional (Downtown) land use district, unless other areas are specifically
approved by the Mayor and Common Council.
ADDeal Issues
The existing building was established prior to the current Development Code and was used for
a Carpet Mill Outlet, with a large carpet storage area. The project being proposed is an
intensification and major change of use, from retail to a place of public assembly that will use
most of the building for the billiards parlor. The proposed project requires a minimum of 33
parking spaces for the 6,600 square foot building; however, the parking lot only
accommodates 12 spaces or 36% of the required parking.
CUP Findings
The staff report to the Planning Commission contains the findings necessary for denial. The
proposed project does not comply with the City's development standards. The appellant has
not provided substantial evidence that the project will not have an impact on the environment
and the surrounding neighborhood that would negate the findings.
,
FINANCIAL IMPACT
None, the applicant has paid the fees for the Conditional Use Permit application
RECOMMENDATION
Staff recommends that the Mayor and Common Council deny the appeal and uphold the
Planning Commission's denial of Conditional Use Permit No. 99-15 based on the Findings of
Fact contained in the Planning Commission Staff report.
Exhibits: 1.
2.
Location Map
Planning Commission Staff Report dated August 8, 2000
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EXHIBIT 1
CITY OF SAN BERNARDINO PROJECT: CUP No. 99-15
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 09/05/00
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EXHIBIT 2
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No. 99-15
2
08/08/00
1
OWNER:
APPLICANT:
Velma Feldmeir
1540 Pepper Tree Lane
San Bernardino CA 92410
Paul Toomey
Toomey and Associates
34590 County Line Road, Suite 5
Yucaipa CA 92399
REQUESTILOCATION:
A request for approval of a Conditional Use Permit to establish a billiards parlor in an existing
building. The project is located on the west side of Waterman Avenue, between Olive and
11th Street at 1098 No. Waterman Avenue, in the CG-l, Commercial General land use
district.
CONSTRAINTS/OVERLAYS:
. None
ENVIRONMENTAL FINDINGS:
o Not Applicable
. Exempt, Section 15301 Class I(A)
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
o Approval
o Conditions
. Denial
o Continuance to:
Conditional Use Pennit No. 99-15
Hearing Date 08108/00
Page 2
REOUEST AND PROJECT DESCRIPTION
A request for approval of a Conditional Use Permit under the authority of Development Code
Section 19.06.020 Table 06.01 (E)(3) to establish a billiards parlor in an existing 6,600 square
foot building on a 14,530 square foot lot. The proposed operating hours for the billiards parlor
are from 11:00 am to 11:00 pm, Monday through Thursday; 11:00 am to 1:00am Friday and
Saturday; 11:00 am to 9:00 pm on Sunday. The applicant proposes to serve only packaged
snacks and will employ 4 people.
The project is located at the NW corner of 11th Street and Waterman A venue at 1098 No.
Waterman Avenue, in the CG-l, Commercial General land use district. (Attachments A & B)
SETTING/SITE CHARACTERISTICS
The site is a square shaped parcel with a single tenant building. The area surrounding the
property:
. North - Wienerschnitzel drive thru restaurant in the CG-l, Commercial General land
use district.
. South - developed commercial in the CG-l, Commercial General land use district.
. West - residential in the R U -2, Residential Urban land use district
. East - residential in the RM, Residential Medium land use district (across Waterman
Avenue).
BACKGROUND
The Development Review Committee (DRC) reviewed this project several times and on
January 6,2000, the DRC cleared to the Planning Commission. There were numerous site
constraints (discussed in a future section of this report) and the DRC recommended denial.
When the application was first filed with City, the applicant was also applying for an Alcoholic
Beverage Control (ABC) License (On-Sale Beer and Wine Public Premise). Development
Code ~19.06.030 (2)(B)(1) requires that a Conditional Use Permit be approved prior to
issuance or upgrading of an ABC license for on-sale consumption. During the application
process, there were a number of concerns raised by the local residents and the Police
Department (Attachment C). As a result of the objections the applicant withdrew the request
for the ABC license.
.
Conditional Use Permit No. 99-15
Hearing Date 08/08/00
Page 3
GENERAL PLAN AND DEVELOPMENT CODE CONSISTENCY
1. Is the proposed use is conditionally permitted within and would not impair the integrity
and character of the subject land use district and complies with all of the applicable
provisions of the Development Code?
Yes and No, pursuant to Development Code Section 19.06.020 Table 06.01 (E)(3), a
billiards parlor (miscellaneous indoor use) is an allowed use in the CG-l, Commercial
General land use district. This project however does not comply with Development
Code ~19.24.040 which specifies the number of parking spaces required for this use.
The proposed project is to be established in a 6,600 square foot building which requires
a minimum of 33 spaces; however, the parking lot only accommodates 12 spaces or
36 % of the required parking (Attachment B).
To remedy the parking shortfall, the applicant has proposed a shared parking
arrangement with the Wienerschnitzel drive-thru restaurant across 11th Street. Despite
using both sites for parking, the applicant would be 16 spaces short of the required
parking. Staff is concerned that patrons who are unable to find parking at the Bar Box
or the Wienerschnitzel, would use the residential streets for parking creating a negative
impact. Further they would still only be providing 50% of the required parking
The applicant has also submitted a proposal applying the provisions of (Resolution 96-
135), the Shared Parking Policy "for structures and uses in the CR-2, (Downtown) land
use district" (Attachment D). The applicant's proposal is based on a proposed use for
the Bar Box and the actual parking for the Wienerschnitzel restaurant. The parking
analysis resulted in a parking deficiency of two parking spaces at 10:00 pm, otherwise
there appears to be adequate parking for both businesses. However, the provisions of
the shared parking Resolution are only applicable in the CR-2, Commercial Regional
(Downtown) land use district (Attachment E). Resolution 96-135, Division III Criteria
(A) General (1) states that:
"The shared parking concept will apply only to the Downtown District as defined in the
Municipal Code and General Plan unless other areas are specifically approved by the
Mayor and Common Council".
The shared parking concept should not be used by two uses as proposed to circumvent
compliance with the code requirements. The shared parking concept is intended to
provide for a reduction in required parking spaces in areas in which there are may users
and in which customers are likely to patronize more than one business during their
outing.
.
Conditional Use Permit No, 99-15
Hearing Date 08/08/00
Page 4
2. Is the proposed use consistent with the General Plan?
No, it is not consistent with General Plan Policy IF that states:
"Ensure that the types of land uses developed in the City complement and do not
adversely affect the quality ofIife and health of the City's residence and businesses".
Because the project does not have adequate parking, patrons of the billiard parlor would
be parking in the adjacent residential neighborhood. The vehicle would use the
residential parking forcing the residents to look for other parking. Vehicle leaving late
at night would also be disruptive to the residents
3. Is the approval of the Conditional Use Permit for the proposed use in compliance with
the requirements of the California Environmental Quality Act?
Yes, the approval of the Conditional Use Permit for the proposed use is in compliance
with the requirements of the California Environmental Quality Act, in that the project
was found to be exempt from CEQA per ~15301 Class 1, Existing Facilities.
4. Will there be potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored?
No, as identified in Finding No.3, the project is exempt from CEQA per ~15301 Class
1, Existing Facilities.
5. Are the location, size, design, and operating characteristics of the proposed use
compatible with existing and future land uses within the general area in which the
proposed use is to be located and will not create significant noise, traffic, or other
conditions or situations that may be objectionable or detrimental to other permitted uses
in the vicinity, or adverse to the public interest, health, safety. convenience, or welfare
of the City?
No, as described in Finding No.1, pursuant to Development Code ~19.24.040, the site
does not comply with the size and design characteristics required for the proposed use.
The proposed project will be established in a 6,600 square foot building which requires
33 parking spaces. Because the project cannot provide the minimum number of parking
spaces, the project will be objectionable and detrimental to the City streets and the
adjacent residential neighborhood.
The Police Department has also reviewed the project application. In an Interoffice
Memorandum dated December 17, 1999, the Police Department has recommended that
the Conditional Use Permit be denied based on the public interest, health, safety,
convenience and welfare of the City (Attachment C).
Conditional Use Permit No. 99-15
Hearing Date 08/08/00
Page 5
6. Is the subject site physically suitable for the type and density/intensity of the use being
proposed?
No, as described in Finding No.1 and Finding No.5, the site is not physically suitable
because of the lack of parking.
7. Are there adequate provisions for public access, water, sanitation, and public utilities
and services to ensure that the proposed use would not be detrimental to public health
and safety?
Yes, all agencies responsible for reviewing access, providing water, sanitation and
other public services have all had the opportunity to review the proposal, and none have
indicated an inability to serve the project. This proposal will not be detrimental to the
public health and safety in that all applicable Codes will apply to the operation of this
project.
CONCLUSION
The proposal does not meet all necessary Findings of Fact for approval of the Conditional Use
Permit.
RECOMMENDATION
Staff recommends that the Planning Commission deny Conditional Use Permit No. 99-15,
based on the Findings of Fact contained in the Staff Report.
Respectfully submitted,
~v,~fvWr!
WILLIAM WOOLARD
Interim Director of Development Services
h ~da.J~
'-~ELLANDI
Associate Planner
Attachments:
A - Location Map
B - Site Plan
C - Police Department Letter
D - Applicants proposed shared parking analysis .
E - Resolution 96-135
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: CUP No. 99-15
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 08/08/00
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ATTACHMENT C
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
!D)@~rnOWlrnfm
!.0J :.: ~ ,- ~'IJ 1999 il!J
To:
J~ '0'"", A~~~"cp-~
Lt. Jenifer Aragon L,.-
CUP - Bar Box - 1098 N. Waterman Ave
'~;:: ,or SAN BERNARDINO
,c V.LOPMENT SERVICES
DEPARTMENT
From:
Subject:
Date:
December 17, 1999
Copies:
Valerie Ross, Principal Planner
This memo is being written as a follow-up to the ERCIDRC meeting of December 15'h, 1999,
PARKING ISSUES:
I understand this property does not fall under the "shared parking" code provisions extant in
large commercial areas of the city where parking lots lead into each other. The project
representative sounded as if there would be some appeal to allow shared parking for this project.
Indeed, there is no parking to share, There are other parking lots in the area which are
underused; however. the locations of those lots coupled with the positioning of the project
building on its own lot, would most certainly lead to customers parking on the residential street
which would lead to complaints from residents, If this appeal is made, the Police Department is
opposed to it.
CODE ISSUES - POOL HALL:
Chapter 5,32 of the San Bernardino Municipal Code controls Billiard Rooms and PoolRooms. I
furnished the project representative with a copy ofthis code at the December 15'h meeting, I am
attaching a copy for your perusal. The project would have to comply with each section of this
code and will be subject to police inspection at any hour the business is open. Sections of the
code which would most affect your process are:
5,32,020 - Application must be made to the City Clerk
5.32,070 - Signs to be posted setting forth rules and regulations,
5,32-080 - Garnes open to public view when - In summary, if the project includes the use of
video games (which the Representative confirmed), those games "shall be at all times open to
public view from the sidewalk or street right-of-way adjoining the room or place; and any
partitions between the room or place and other game areas shall be made of not less than
fifty percent transparent glass between a point three feet above the floor and a point six
feet above the floor". 1 am assuming that this would require some serious modification ofthe
project plans to allow for the "public view", I am also assuming that public view would be
accomplished through use of the above glass requirements,
TilE SBPIl [S CO:\l~IIT1'ED 1'0 I'ROVII>ING;
I'[{()(;RESSIYE Ql'ALl1'Y POLICE SERnCE:
A SAn: ENYIRONMENT TO I~IPRO\'E 1'IIE QI'ALlTY OF LIFE;
A REDPCTIO" IN CRIME THROl:GH PROBLEM RH'OGNITION AND PROJlLEM SOL\'IT\G
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
Bar Box
Page 2
CODE ISSUES - VIDEO GAMES:
Chapter 5.44 of the San Bernardino Municipal Code covers Coin-Operated Game Machines. I
am sending along a copy of the ordinance for your perusal and also so you can supply a copy to
the applicant.
Those that most affect your process:
5.44,020 Permit required unless the person is owning. operating and maintaining not more than
two coin operated machines as an incidental business used at a local place of business. .
Along with the permit application to the City Clerk, the applicant must be fingerprinted by the
Police Department and pay a $250 permit investigation fee. This permit is required in addition
to any business license or any permit required by any ordinance of the City,
There are numerous restrictions set forth as to properly 'tagging' the machines, which is included
in the 5.44 Chapter.
None of the above speak to any additional rules and regulations which may be set forth by the
Alcohol Beverage Control in the case the applicant is granted an ABC license but only point to
San Bernardino City Requirements.
If you need anything further or have any questions, please call me at 384-5692,
TilE SIIPI> IS COM~IITn:D TO 1'1I0VIDI;o.;.G,
l'IU)GRf:SSln: QUALITY POLICE SERVICE,
A SAn: E;o.;\'lRON~IENT TO IMPROVE TilE Ql'AI.ITY en' LIFE,
A UEm:CTlON IN CRIME THROUGH PIIOIILEM RECOGNITION AND 1'1I01lLEM SOLVING
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ATTACHMENT D
SHARED PARKING ANALYSIS
FOR
THE BAR BOX
Prepared for:
The Bar Box
Conditional Use Permit 99-.LS
Prepared by:
Toomey & Associates
October, 1999
"
SHARED PARKING ANALYSIS
PREPARED FOR:
THE BEER BOX
1098 N, WATERMAN AVE,
SAN BERNARDINO, CA
(909) 884-5370
C/O 4041 W 'F' STREET
SAN BERNARDINO, CA 92407
PREPARED BY:
TOOMEY & ASSOCIATES
P.O, BOX 602
YUCAIPA, CA 92399
(909) 795-1899
OCTOBER 16, 1999
INTRODUCTION
The purpose of this study is to provide an analysis of parking available for a new tenant proposing
to occupy an existing commercial building at Waterman Avenue and Eleventh Street. The proposed
commercial use requires more parking than the site can provide. As a result, parking off the site will
be necessary to meet the minimum parking requirements. A drive thru restaurant located across 11th
Street has a parking lot which, given the limited dining area, has an under-utilized parking lot.
Therefore, this document is prepared to show how the restaurant's parking resources are utilized and
how the proposed use can share parking with the existing restaurant and satisfY the City of San
Bernardino parking requirements,
PROJECT DESCRIPTION
The property owner of the subject site is proposing to lease the approximately 6,600 square foot
building to a bar and billiards commercial use. operating as the 'Bar Box.' The proposed use is
located at I 098 Waterman Avenue, the southwest corner of W aterman Avenue and 11th Street.
Exhibit 'A' depicts the layout of the proposed project and the configuration of the existing facilities,
To obtain occupancy of the existing building, the Bar Box proponents are required to file a
conditional use permit application, of which this parking analysis is a part, Establishing the bar and
billiard occupancy at the subject location includes occupying the existing building, providing interior
improvements necessary to meet building code requirements, and providing exterior building
improvements and upgrades to the parking lot as necessary to satisfY City Development Code
requirements,
PROJECT INFORMATION - PROPOSED USE
As previously indicated, the proposed use is a bar and billiards facility. Of the 6,600 square foot
building, approximately 4,500 square feet will be devoted to the bar and billiards use. The remaining
,
area of the building is used for office, restroom, and storage, Other than snack food (peanuts, chips,
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The Bar Box
Puking Analysis
etc,), there is no food service provided by the' Bar Box,' Beverages are limited to beer, wine, and
soft drinks,
PARKING REQUIREMENTS -- PROPOSED USE
Based on a discussion with City Planning Staff' and since the parking requirement for this use is not
specifically addressed in the City of San Bernardino Development Code parking standards, it has been
determined to fall within the "all other commercial uses" category. Therefore, the parking
requirements found in the city code are summarized below:
Bar Box - "other commercia/ uses" - requirements:
1 space per 200 s,f of gross floor area
6,600 s.fl200 s,f = 33 spaces
Total Spaces Required: 33
EXISTING PARKING CONDITIONS
Parking for the subject use is provided on the same parcel adjacent to the building. As depicted on
the site plan, the existing parking configuration has been modified to increase the number of spaces,
As a result, the number of parking spaces provided on the site total 14, including one handicapped
designated space.
However, with the amount of parking required for the proposed use totaling 33, there is a deficiency
in parking provided on the subject site as summarized below:
Total Required Parking:
Parking Available on-site:
Parking Deficiency:
33 spaces
14 spaces
-I 9 spaces
Based on the current parking requirements in the City's Development code, the Bar Box is deficient
in parking spaces without opportunity for increasing the number within the site's boundaries,
2
~ Bar Box
Parking Analysis
Securing off-site parking is necessary to satisfy the city code requirements, The parking lot for the
fast food drive-thru restaurant located across 11th Street is underutilized and would serve to offset
. the parking deficiency, To insure that adequate parking is available during occupancy of both uses,
an evaluation of shared parking possibilities is necessary,
SHARED PARKING ANALYSIS
The basic concept of shared parking lies in the fact that commercial uses with generally non-
conflicting hours of operation utilize parking resources at different times of the day, which allows the
same parking area to be used twice in the same day, As a result, the need for separate parking for
each use can be eliminated, In addition, shared parking opportunities also include the condition
where peak parking demand time periods are different for any number of area uses, Such is the case
with the Bar Box billiards bar, where its operating times may overlap with other commercial uses;
however, its peak parking demand time coincides with the other uses off-peak time period,
The Wienerschnitzel drive-thru restaurant, located at 1102 Waterman Avenue, currently exists in the
original 'A'-frame architecture that typified that chain's restaurant construction at the time, With this
style ofstlUcture the drive-thru aisle passes through the middle of the building and there is no interior
dining room. There is approximately 600 square feet of outdoor eating area adjacent to the drive
aisle and building, As a result, the number of customers parking and staying to eat is few, With most
all Wienerschnitzel customers using the drive-thru, the parking lot remains essentially vacant, except
for the employees.
There are currently 19 parking spaces in the Wienerschnitzel parking lot. Based on the building size
and the amount of outdoor eating area, the gross floor area is 1,350 square feel. Referring to the city
parking ratio for restaurants with drive-thru facilities, the number of spaces required for the
Wienerschnitzel is 14 (1,350 s,f @ 1 space per 100 g,fa,). The table below indicates the parking
summary for the two uses:
3
The Bar Box
Parking ....:Uysis
Business Required Parking Available Parking
Wienersclmitzel Restauranl 14 spaces I 9 spaces
The Bar Box 33 spaces 14 spaces
Totals 47 spaces 33 spaces
T olal Parking DefICiency: 14 spaces
Table I
Based on the above table, the combined parking requirements for each use would yield a shortage of
14 spaces, However, given shared parking opportunities, the 33 total spaces available may be all that
is necessary,
The hours of operation for both businesses are as follows:
TabId
Day of the Week The Bar Box WienerschnitzeJ
Monday - Thursday 11:00 AM - 11:00 PM 7:00AM-10:00PM
Friday II:OOAM - 1:00PM 7:00AM-10:00PM
Saturday II:OOAM-I:OOPM 9:00 AM - 10:00 PM
Sunda~' Il:OOAM - 9:00PM 9:00 AM -10:00 PM
In discussing the restaurant's operating characteristics with the owner, it was found that the peak time
period for customers using the outdoor eating area was lunchtime (12:00 to 2:00 PM), Of course
the actual number of dine-in patrons was limited to a handful over the 2-hour period, Although the
hours of operation between the businesses are similar, the parking demand is not. The
Wienerschnitzel parking lot will remain virtually empty all day, while the demand for the Bar Box is
minimal during the day (15% to 25% of the total spaces), the demand increases after 5:00 PM during
the week (50%) and later in the evening on weekends, It is anticipated that maximum parking
demand (75% to 100% of the total spaces) for the Bar Box will likely occur during the late evening
hours of Friday and Saturday nights, when the Wienerschnitzel is either closed or the parking demand
is limited to the current employees, Table 3 summarizes the anticipated parking demand for each use.
4
The Bar Box
parking Ana.lysis
Table 3
BusinnolTimo 01 Day 9 10 11 12 1 2 3 4 5 6 7 9 9 10 11 1.2 1
The Beer Box - -. 8 8 5 5 8 8 16 16 16 25 25 33 33 25 16
Wienerschnitzel 2 2 3 5 6 5 2 2 2 2 2 2 2 2 - -- -
Surplus/DeHeient 31 31 22 20 22 23 23 23 15 15 15 6 6 -2 0 8 17
As indicated by Table 1, the total parking required for the Bar Box equals that of the combined total
number of spaces available between the two parking lots. Based on the previously indicated
anticipated parking demand percentages, Table 3 summarizes the number of spaces occupied during
the operating hours for each business, Only during the times where the Bar Box experiences 100%
demand of the parking is there a deficiency, albeit minimal. Given the parking needs for both uses
after 9:00 PM and the operating hours of the Wienerschnitzel, the shared parking condition should
function between these businesses,
RECOMMENDA nONS
While it can be shown that the parking provisions are sufficient for the proposed and current
businesses, there is an additional measure that can further satisfy the parking requirements, The
Wienerschnitzel parking lot has sufficient space to permit the addition of 2 or 3 parking spaces,
There is an area in the center of the lot that can be striped for additional parking without having to
modify any existing striping. Adding these spaces could bring the total number to 36, where 33 are
required for the Bar Box and the remaining three are available for Wienerschnitzel employees,
CONCLUSION
Under the current site conditions the proposed use cannot meet the city parking requirements, By
utilizing parking off-site, at the Wienerschnitzel drive-thru restaurant site, the parking demands for
each use can be met. Therefore, the proposed bar and billiards use can be considered in compliance
with the San Bernardino Development Code parking requirements through the use of shared parking,
5
(-'
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~leNERSGHNITZB..
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NEli'l ) I
_______1
5PAC.E5 :
DRlVE-THRU
LANE
OFF-SITE PARKIN5 DIA5RAM
'THE BAR BOX'
P.o. BOX 602
YUCAlP.... G"
toomey c!c
associates
('1001) ~16'I'I
ATTACHMENT E
5'f~/..-d' /,,;,;,/6-'7
1
2 RESOLUTION
POLICY FOR SHARED
3 DISTRICT.
4
5
RESOLUTION NO.
96-1.35
OF THE CITY OF SAN BERNARDIlCO ADOPTING THE
PARKING WITHIN THE CR-2 (DOWNTOWm LAND USE
WITNESSETH:
WHEREAS,
iMposition of the same requirements applied
6
throughout the City to the Central Business District Area has
7
severely curtailed development over the past several years; and
8
9
10
11
12
13
14
WHEREAS,
'.,
J.~
is desired to adopt a policy that would
recognize the special nature of the Central Business District:
and thereby promote deveiopment: and.
WHEREAS.
Section
19.24.030
of
the
San
Bernardino
Development Code
authorizes an exception to the normal parking
requirements within the Central Business District; and
WHEREAS, the Shared Parking Policy has been prepared
to.
15
take better advantage of the parking spaces provided wi thin the
16
entral Business District by allowing adjustments in the parking
Ii
equirernent~ due to different peak dernanrls for various land uses;
18
19
20
21
22
23
24
25
26
27
nd
WHEREAS, the proposed Shared Parking Policy has been
eviewed by the Central City Parking Place Commission and
lanning Commission, both of which have recomnended that it be
NOW. THEREFORE. BE IT RESOLVED BY THE MAYOR AND COMMON
OUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1.
The Shared Parking POlicy. attached hereto
and marked Exhibit "A," and incorporated herein by reference as
fully as though ser forth at length berein, is adopted.
I I I I
5-14_0<:
RESO: ADOPTI:N<. JBARED PARKI:NG POLI:CY
1
SECTI:ON 2. The Shared Parking Policy shall be in effect
2 upon adoption.
3 I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a requ1ar meeting thereof, held on the
6 20th day of May , 1996, by the following vote, to-wit:
7 Council Members: AYES ~ ABSTAUI ABSENT
8 NEGRETE ]I:
9 CUlU.IN ]I:
10 ARIAS ]I:
11 OBERHELMAN ]I:
12 DEVLIN ]I:
]I:
]I:
~~~-;~
6u ~1. 't )1t.id.uJ
-~ Rachel Clark, City
The foregoing resolution is hereby approved this
May
, 1996.
21
:e--....
~ ~~tY'-
, Tom Minor, Mayor
City of San Bernardino
Approved as to form
22 and legal content:
23
24
25
26
27
28
James F. Penman
City Attorney
f!
By Ja'1'>'-i-~
Ii
U
'/ }
7. .Je.y.~
- 2 -
Issued 5-20-96
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS
SHARED PARKING POLICY
DIVISION I. AUTHORITY
DIVISION II. PURPOSE
DIVISION III. CRITERIA
DIVISION IV. STANDARD REDUCTIONS,
DIVISION V. COMPOSITE DEMAND
DIVISION VI. RESTRICTION
DIVISION VII. WORKSHEETS
1 _\ .; .','Y. I'.
,= Y " , ~'" ~- f-',_
--.... ... .
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DIVISION I.
AUTHORITY
Contained in Chapter 19 of the City of San Bernardino Development Code in
subsection 19.24.030 "General Regulations" paragraph 3 exceptions are
provided "for structures and uses located in the CR2 (Downtown) land use
district. A parking study may be prepared examining the proposed use in light of
available public off-street parking facilities which may result in a City approved
parking reduction program". Additionally, General Plan Policy 6.8.6 and
Implementation Measure 16.26 provides for shared parking to maximize the use
of existing and proposed parking in the Central Business District.
DIVISION II.
PURPOSE
The purpose of the shared parking policy is to conform with Chapter 19.24.030,
Policy 6.8.6 and Implementation Measure 16.26 and provide for maximum use in
the CR-2 land use designation (Downtown) by recognizing shared parking. It is
well understood and acknowledged that within the Downtown District, parkers
may make many trips for various reasons without ever moving their vehicles.
Shopping, business, government centers, entertainment and publiC facilities are
all located in close proximity in this area. Parking facilities in the form of
assessment district lots are available for public parking needs. Additionally,
many downtown workers combine shopping, business transactions and eating
during normal work days. Again, this multi-destination approach needs to be
recognized and parking requirements reduced to reflect such multi-destination
uses. Further, after normal work hours, many of the parking spaces used by the
work force are available and unused, but are not presently counted in meeting
the parking requirements of after hours users (entertainment, evening meals,
shopping or late night activities). Peak demand is \Neekday/daytime use, yet
many off-hours businesses are prevented from using the Downtown District due
to lack of available parking.
This document sets forth the policy to be used that attempts to provide relief
from the "normal" parking requirements in recognition of the unique features of a
downtown area. It also accounts for the Downtown parking district and the
district lots that downtown property owners have paid to develop and maintain.
DIVISION III
CRITERIA
A General
1. The shared parking concept will apply only to the Downtown District. as
defined in the Municipal COde and General Plan unless other areas are
specifically approved by the Mayor and Common Council.
2. All shared parking requests and calculations must be revie\Ned and
approved by the Parking Place Commission with recommendations to the
Mayor and Common Council prior to approval of shared parking projects.
3. Specific reductions in parking requirements for weekday/day use only,
require no specific action and may be applied to the downtown district upon
submittal of plans. This reduction is for on-site parking only and site only
composite calculations may be required.
4. Shared parking proposals must be submitted with the appropriate calculation
sheets to Public Works staff for review and transmittal to the Parking Place
Commission for action. Questions on interpretation of the policy or its
application should also be directed to the Public Works Department.
5. The standard study area will be 1,320 feet from the comers of the property
being developed or proposed project property. Larger or multi-storied
projects exceeding 50, 000 square feet may have larger study areas but this
shall be determined at the time of project submittal and prior to shared
parking calculations. Increases in study area shall be at the sole discretion
of the City and shall consider the type, purpose and overall affect of the
proposed project.
DIVISION IV.
STANDARD REDUCTIONS
A. WEEKDAY/DAY PARKING REDUCTIONS (DOWNTOWN)
1. Parking requirements in the Downtown area are reduced from those
contained in the Development Code by the iQ!lQwiOg pj!r.Q8nt!IQ~ for
weekday/day time requirements for required on-site p'arking:
commercial 10%
Retail 30%
Food 40%
office 0%
Hotel 0%
Residential 0%
The above usages are general usages contained within the Development
Code. The City will determine which category a proposed development falls
in and apply the percentage. Specialized usages may require additional
study to determine what, if any, reduction might be allowed. Refer to
Development Code Section 19.24.040 for specific types of usage.
DIVISION V. COMPOSITE REDUCTIONS
Composite demand shall apply to a single development that proposes multiple
usages within the same building. Composite demand may be calculated for 00-
site parking provided the parking areas are open, posted and available to the
public at large after 6:00 pm every day of the week. Further, composite demand
may be used to establish peak parking demand for the area composite demand,
again provided the parking area is made available to the general public after
6:00 pm each day.
1. Definitions of weekday, day, evening and night as well as weekend are as
follows:
WEEKDAY (MON - FRI) WEEKEND (SAT - SUN)
Day
Evening
Night
7:00 am - 5:30 pm
6:00 pm - Midnight
Midnight - 6:00 am
8:30 am - 6:00 pm
6:00 pm - 1:00 am
1:00 am - 8:30 am
2. SHARED PARKING PEAK DEMAND.
The fOllowing are the percentages of required parking by usage, time of day and
day of week and may be used in computing shared parking demand as a part of
the worksheets. No additional or modified percentages may be used.
Redudions used for weekday/day demand may not be used in addition to the
following. Either method may be used but only one may be applied.
USAGE WEEKDAYS WEEKEND
day evening night day evening night
Retail 60% 90% 5% 100% 70% 5%
Food 50% 100% 5% 100% 100% 5%
office 100% 10% 5% .10% 5% 5%
Commercial 100% 10% 5% 10% 5% 5%
Residential 40% 70% 100% 60% 70% 100%
Hotel 75% 100% 80% 75% 100% 80%
3. Totals for weekday and weekend in each period (day, evening, night) must
be calculated with the final design being based on the highest parking
.
demand.
4. Existing land uses in the study area must be determined and approved by
the City prior to final acceptance of the parking demand study. This data
must be presented to the Parking Place Commission prior to final action by
the Mayor and Common Council on acceptance of the peak demand study.
5. All computations must be submitted on standard work sheets (see attached).
DIVISION VI
RESTRICTIONS
Within the parking district, there exists both leased spaces (leased from the
parking district lots) and private parking lots under private ownership. The
following shall determine if shared parking may be applied to leased spaces or
privately controlled spaces.
A Leased District Spaces
1. If lessee allows unrestricted use for evening/night and enters into a
written agreement to such use and also provides adequate signing
indicating public usage and availability of such spaces, then the lessee
may use shared parking calculation sheets. However, if no such
agreement is provided, they may not use shared parking calculations.
2. If lessee does not allow unrestricted public evening/night usage, they
may use weekday reductions only on their parking requirements.
Lessee must meet all other parking requirements.
3. Unrestricted use by the public must be designated by signs and be
prominently displayed. Restrictions on parking must end by the
beginning of the evening time frame to qualify.
B. Private Lots/Spaces
1. Private lots wishing to use composite parking may do so for their private
lot only unless the lot is made available to for general public usage
beginning at the start of the evening time frame. . No area composite
area parking may be used unless the entire lot is made available for
unrestricted public usage beginning with the evening time frame.
2. Private lots made available to the general publiC for use must be marked
as such, open and unrestricted during evening and night hours.
3. Notice must be given to the general public on the liability of using
private lots during evening and night hours.
.
4. Private lots made available will allow the building ovmer to participate in
shared parking calculations for their own lot and in shared composite
demand within the specified distanca of the project.
C. Time Limited Parking Restriction
1. All on-street and district lots with time limited parking shall be revised to
eliminate time limits during evening and night time hours.
2. citation time limits will be set for a 30 minute grace time beyond the
designated time. Vehicles parked and marked by control officers during
time limit parking hours will be cited unless moved or-re-parked after the
limits are removed. This insures that all parkers have access to the
spaces and that those parking in later afternoon will still be subject to
parking restrictions and may not overlap into unrestricted parking.
3. On-street and district lots will not have time limits during weekends.
4. Private lots may not place time limits on spaces and remain in the
shared parking program unless the above conditions are met.
.
DMSION VII
WORKSHEETS
SHARED PARKING WORKSHEET
ON SITE LOTS
A BASELINE DATA ON DEVELOPMENT (USING STANDARD REDUCTlON$)
USAGE
SO. FT.
CODE
%REDUCTlON
(Weekday)
PARKING
REOOD
(Weekday)
Commercial
Retail
Food
Office
Industrial
Residential
Hotel
Other
TOTAL
B. COMPOSITE DEMAND - ON SITE ONLY
NOTE: Parking must be available for unrestricted publiC
parking beginning at 6:00 pm
USAGE
WEEKDAY
WEEKEND
Day Evening
Nile
Day
Evening
Nite
commercial
Retail
Food
Office
Industrial
Residential
Hotel
Other
TOTALS
.
.'
.
C. AREA COMPOSITE DEMAND
Radius from site:
Total Available Spaces in area (not incl on street):
Number of On Street Spaces:
Total Square footage building area
Commercial:
Retail:
Food:
office:
Industrial:
Residential:
Hotel:
Other:
USAGE
WEEKDAY
Day Evening Nlte
WEEKEND
Day Evening Nite
Commercial
Retail
Food
Office
Industrial
Residential
Hotel
Other
TOTAL
"
.
.
TOTAL REQUIRED SPACES AREA DEMAND:
. TOTAL EXISTING SPACESNOT INCL ON STREET
TOTAL SPACES REQUIRED (subtract existing from
area demand)
~
If 3 5' 0/ j51m
. 11
CITY CLERK'S OFFICE
RACHEL G. CLARK, C.M.C. . CITY CLERK
'"
P.O. Box 1318. San Bernardino. CA92402
300 North "D" Street. San Bernardino. CA92418-oo01
909.384.5002. Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bernardino.ca.us
September 6, 2000
Mr. Daniel Allan
25287 17'" Street
San Bernardino, CA 92404
Dear Mr. Allan:
At the meeting of the Mayor and Common Council held on September 5, 2000, the following
action was taken relative to the public hearing on the appeal of the Planning Commission's
denial of Conditional Use Permit No. 99-15, to establish a billiards parlor at 1098 N.
Waterman Avenue, in the CG-!, Commercial General, land use district:
That the public hearing be closed; the appeal be denied, and that the Planning
Commission's denial of Conditional Use Permit No. 99-15 be upheld, based on
the Findings of Fact.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
/-; C, (., I
,,\ .-1. /, I. L .). _~ Lr~ i:_-/t.._
j\:".'''-'CL
Rachel G. Clark, CMC
City Clerk
RC:ls
cc: Development Services
Velma Feldmeir, 1540 Pepper Tree Lane, San Bernardino, CA 92410
CITY OF SAN BERNARDINO
ADoPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
.
. ilL ~.f' (. ~
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
interoffice memo
fntprp~ i~tn !1pr.ord at
Cf~:\:"'1~;;,;:wf)p\IGms Mtg:
, /
/
"'t.
To:
Valerie Ross
~f"
Item
From:
Barbara Chavez
,...)
~ J.\:! I
\
I .
;,
Date:
September 1, 2000
Gi<v Clerk/COC Secy
Cill-' l..d S~H d~nld~inli
Re: Conditional Use Permit No. 99-15
On August 31,2000, I spoke with Edward Alvin Lewis, who resides at 28011
Millar Street, Highland. California 92346. His telephone number is (909)
864-0852.
He owns real property located at 1040 and 1050 North Waterman Avenue, in
the vicinity of the business located at 1098 North Waterman Avenue, which
is the subject of a Conditional Use Permit No. 99-15 - appeal of the
Planning Commission's denial of a request to permit a billiards parlor under
Authority Code Section 10.06.020.
He would like to object to the Conditional Use Permit. He stated he is afraid
it will cause drinking and uncivilized behavior in the parking lot. He feels if
patrons are not allowed to drink in the establishment, it is likely they will drink
in the parking lot.
Mr, Lewis is seventy-eight (78) years old and disabled. He stated he would
not be able to attend the September 5, 2000 meeting because of his
disability and the fact that he has a difficult time travelling.
~c_