HomeMy WebLinkAbout56-Planning
CI!~~ SAN BERNARDIO - REQUEG FOR COU~~N
vincent A. Bautista ,Appeal of Conditional Use
From: Acting Director of PlaftlttIL-AOMll@ufJlIF!: Permit NO. 87-3l
Planning fj~1 ~1" -5 Nt. e at; Mayor and Council Meeting of
June l5r 1987, 2:00 p.m.
Dept:
Date:
June 4r 1987
Synopsis of Previous Council action:
Previous planning Commission action:
At the meeting of the Planning Commission on June 2, 1987, the
following action was taken:
The application for Conditional Use Permit No. 87-31 was denied
without prejudice.
Vote: 3-3, 1 absent.
Racommended motion:
That the hearing on the appeal be closed and the decision of the
Planning Commission be affirmedr modified or rejected.
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Signature Vincent A. Bautista
Contact person:
Vincent A. Bautista
Phone:
384-5057
Supporting data attached: Staff Report
Ward:
3
FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Notes:
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Agenda Item No, ~.
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June 4,1987
CITY OF SAN BERNARDINO
300 North "D"Street
San Bernardino, California 92408
Mayor Wilcox and Common Council
Re: Appeal of City Planning Commision's
decision on June 2,1987 CUP 87-31
"Unbias decision"
To Whom It May Concern:
Please find enclosed Request for Hearing with Appeal from Hannon,Park &
Lennon Attorneys at Law dated June 3,1987.
Further, enclosed a petition compiled upon short
interest within the community for the approval.
signatures will be gathered and presented.
notice which represents
Prior to the meeting further
If I can be of further assistance to clarify questions please feel free to phone
at 714-381-1809 or stop by the leasing Office situated at the Centre.
Sincere ly,
man
leasing Office · Suite A20
738 SOUTH WATERMAN AVE. -= SAN BERNARDINO, CALIFORNIA 92408 -= (714) 381.1809
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HANNON, PARK a LENNON
ATTORNEYS AT LAW
3:1:10 WILSHIRE BOULEVARD, SUITE BIIO
LOS ANGELES. CALIFORNIA 110010
(213) 3B4.oo7B
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June 3, 1987
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MICHAEL HANNON
HEE.OK ,.ARK
GERALD E. LENNON
City of San Bernardino
300 North "D" Street
San Bernardino, Ca. 92468
Attn: Mayor Wilcox and Common Council
Re: Appeal of City Planning Commission's decision
on June 2, 1987
CUP# 87-31
To Whom It May Concern:
Please be advised that this office represents Mr. Steve Freeman
in his application for a conditional permit use.
We would like to appeal the City Planning Commission's decision
on June 2, 1987 denying Mr, Freeman's application to sell beer
and wine at his shopping center and would like to request a
hearing for an approval at the next scheduled city council
meeting.
This appeal is made on the following grounds:
1. Both the police department and planning department have
recommended approval of the application. Both departments feel
strongly that the community needs a market selling beer and wine.
2. The market to be built shall have a public restroom. The maket
hours will be from nine in the morning to nine in the evening,
3. The nearest liquor store is at least one mile away from the
shopping center and is located at the corner of Mill and
Waterman. The Planning Commission was under the impression that
Mr. Freeman was applying for a liquor store and not a market
selling just beer and wine.
4. ~aving a market with a license to beer and wine would enhance
the image of the shopping center and attract tenants.
5. At the hearing only the representatives of the church across
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The City of San Bernardino
Page 2
June 3, 1987
the street from the shopping center appeared to oppose Mr,
Freeman's application. Although the church is only one hundred
feet away from the boundary of Mr. Freeman's property, the
distance between the church and the market to be built is almost
five hundred fifty feet.
Sincerely,
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era1d E. Lennon
Attorney at Law
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PETITION TO BE PRESENTED TO MAYORS OPPICE
AND COIIlON COUNCIL POI IlEETING
OP JUNE 15.1987 ot Cit, NaIl
. SUBJECT:
PROPERTY
nditlonal Uoo Pondt No.87-31 ...
TION: LINBAR BUSINESS CENTRE located at 738 South Wataraaa Avenue
orner of Water..n 6 Cantral AVenue.
. PROPOSAL: The .ppllcant request. approval of . conditional ua. p.~lt under
uthorlty of Coda Section 19.26.020.815 to per.!t off-aita ..1..
f alcohol within a .hoppin. center .-11l ~th. C-M, Co_reiel to Liaht
nufacturina aon.
THE POL ING SIGNATURES REPRESENTS NEIGRBORNOOD RESIDENTS. REQUESTYNG THE. API!IlOVAL
--OF CoDd! anal -U.. Par.!t 87-31.allowlft1 the ..1..of....r/Wln. at the-propo...
GROCERY locatad within the CIITRE at tenant apace Al1/12
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PETITION TO BE PUSENTEIl TO MAYORS OFFICE
AIlD COItlOlI COUNCIL POR !lEETING
or JURE 15,1987 at Clty N.ll
SUBJECT. dlt~ U...P...lt No,87-31
PROPERTY ATtOR: LINBAR IUSINESS CENTRE located at 738 South Wateraan Avenue
orner of Water..n , Central Avenu..
PROPOSAL: The applicant requests approval of . conditional ule pe~lt under
uthorlty of Code Saction 19.26.020.115 to permit off-alte e.l..
, f alcohol within a shopping center in the C-H, Co.-ercial to Liaht . .
nufacturinl zone
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ING SIGNATURES REPRESENTS NEIGNBORROOD RESIDENTS REQUESTING THE. APlIlOVAL
anal U.. 'er.tt 87-31 allowing the ..le of Beer/Wine at the propo..d--
RKIT loeated within the CEKTR! at tenant .pace Al1'12
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ERN ARDIN 0 30ll NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418
EVLYN WILCOX
Meyor
Memblirt of the Common Council
Either Estrada. . . . . . . . . . . . . Fir.' Ward
Jack Reilly............. .SecondW.rd
Ralph Hernandez. . . . . . . . . . . Third W.rd
Stave ~.rkl . . . . . . . . . . . . . Fourth Ward
Gordon Qulal . . . . . . . . . . . . . Fifth Ward
DIn Fr.,ler . . . . . . . . . . . . . . Sheth Ward
Jack Strickler . . . . . . . . . . . .Sev,nth Ward
June 4, 1987
Mr.
738
San
Steve Freeman
South Waterman
Bernardino, CA
Avenue
92408
Dear Mr. Freeman:
At the meeting of the Planning Commission on June 2, 1987,
the following action was taken:
The application for Conditional Use Permit No. 87-3lr to
permit the sale of alcoholic beverages for off-site consump-
tion withih a shopping center in the C-M Commercial-Manu-
facturing zone on a rectangularly-shaped parcel of land
consisting of approximately 3.82 acres located at the north-
west corner of Central Avenue and Waterman Avenue and further
described as 738 South Waterman Avenue, was reviewed" A
motion was made, and seconded, for approval of Conditional
Use Permit No. 87-31, however, the motion did not carry and
the item is considered to be denied without prejudice.
According to the San Bernardino
19.78,,070., the following applies
tional use permit:
Municipal Code, Section
to the filing of a condi-
"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 Councilr after receipt of the appeal, shall
conduct a public hearing and may either approve, modify or
reject the decision of the Planning Commission.n
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Mr. steve Freeman
June 4, 1987
Page 2
If no appeal is filed pursuant to the previously mentioned
provisions of the San Bernardino Municipal Coder the action
of the Commission shall be final.
Respectfully,
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VINCENT A. BAUTISTA
Acting Director of Planning
mkf
cc: Building and Safety Dept.
Engineering Division
Linbar Investments
3175 Lorna Vista
Palm Springs, CA 92264
~ITY OF SAN BEIQJARDINOO- MEMORANDWI
To
Planning Commission
From P1anni~g Department
D~e June 2, 1987
Subje'ct
Conditional Use Permit No. 87-3l
Approved
ITEM NO.3, WARD NO.' 3
Date
OWNER:
Linbar Investments
3175 Loma Visca
Palm Springs, CA 92264
APPLICANT: Steve Freeman
738 South Waterman
San Bdno., CA 92408
Regarding Conditional Use Permit No. 87-31, requesting
approval of a permit to sell beer and wine for off-site
consumption within a shopping center located at the southwest
corner of Waterman Avenue and Central Avenue. New
information has come to light since the staff report was
written. Observation number five of the staff report is
based on concerns expressed in an agency comment sheet from
the police Department about recent burglaries and the lack of
security measures, has been reviewed by staff"
Staff found that security problems are being addressed by
such measureS as bars to reinforce the ground level panels,
steel plates to protect door jams from crowbars, the
installation of security systems by the tenants, and a plan
to install a closed circuit television camera trained on the
driveway between Building 2 and Building 3. Furthermore, the
driveway behind Building 1 contains no store fronts; the only
entrances located on this driveway are doors with deadbolts
and metal roll-up bay doors with double interior latches
which will also be padlocked by tenants. Although the site
plan did not indicate the location or method of lighting,
adequate lighting is provided at each front entrance and near
each bay door.
Staff judges these measures to be adequate to address the
concerns the police Department raised in its agency comment
sheet. The police Department has submitted a memorandum,
attached hereto, stating that the security measures cited
above satisfy police concerns. Staff is, therefore, changing
its recommendation for Conditional Use Permit No. &7-31 and
recommending approval.
Respectfuliy Submitted,
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SCOTT WRIGHT, PI n~ng Aide
VINCENT A. BAUTISTA,
..-' --Acting Planning Director
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP NO. 87-3l
.FINDINGS of FACT
AGENDA ITEM
HEARING DATE
PAGE
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1. The zoning of the site is C-M, Commercial Manufacturing which
allows General Commercial uses including the sale of alcoholic
beverages. The General ~lan designation for the' site and the
su~rounding area is General Industrial. In the. past the
Planning Department has deemed the C-M zone to be. consistent
with a General Industrial designation by the General Plan. On
this basis the proposed use is consistent with the General Plan
designation.
2. The proposed use is permitted in the C-M zone subject to a
conditional use permit. The applicant is implementing security
measures which address potential crime problems to the
satisfaction of the Police Department. Staff, therefore, finds
that the proposed use will not adversely affect adjoining land
uses or the development of the area.
3.
The size and shape of the site proposed for the use
to allow the development of the use in a manner not
to the area. Security measures are adequate
burglaries on the site.
is adequate
det rimen tal
to prevent
4. The traffic generated by the proposed use will not impose an
undue burden upon the streets designed to carry traffic in the
area. Adequate parking is provided.
5. Given the security measures being implemented, the granting of
Conditional Use Permit No. 87-31 will not be detrimenta: to the
peace, health, safety and general welfare of the citizens of
San Bernardino.
RECOMMENDATION
Based on the observations and findings of fact contained herein,
Staff recommends approval of Conditional Use Permit No. 87-31.
Respectfully Submitted,
VINCENT A. BAUTISTA,
Acting Planning Director
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SCOTT WRIGHT, Pl ning Aide .
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To
Scott Wright, Planning
CUP Request, Central and Waterman
From
Sherrie Moore, Police
Subject
Date
6-1-87.
.
Approved
Date
A few months back I, along with another crime prevention specialist, conducted
a security inspection at the location of Central and Waterman at Chief Burnett's
request. A r.1E!eting with the Chief, myself, Deb! Shuker, and It. l'layne Smith
was held and these recommendations were given to the applicant. It was my
impression at that time that he was not interested in pursuing any improvements
to the security of his business or those on the premises.
Approximately one month ago when the application for a CUP came through my
office, I discussed the design of the building and the security weaknesses
I was aware of with Sgt. Earnie Tull of the Vice Unit. He at that time sub-
mitted some con.cerns arising from the sale of alcohol at that location.
Today, 6-1-87, I have spoken with the applicant. He informed me that he has
since--or is in the process of--taking steps to improve the overall security
of the business:
1. Installing bars to prevent the ground level kick panels from being
kicked out.
2. Install steel strike plate covers to protect the soft aluminum jambs.
3. Install a closed cir.cuit camera system for the added protection of
the businesses.
4. 16 of the 25 businesses have--or have contracted for--a1arm systems
(either with Sonitrol or National).
Provided the above security measures have (or will be in the near future) been
completed, my concerns have been satisfied. I believe these improvements are
in the best intersest of not only the applicant but also all future businesses
who will occupy the now 12-14 vacant spaces.
Based on the 'above information, I, therefore, recommend ~pprova1 of this ap-
plication, barring, of course, any comments from Sgt. Earnie Tul1.
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SUMMARY
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AGENDA ITEM
HEARING DATE
WARD
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Conditional Use Permit
No., 87-3l
APPLICANT' Steve Freeman
738 S. Waterman Ave.,
San Bdno'r CA 92408
Linbar Investments
3175 Lorna vista
Palm Springsr CA 92264
OWNER:
t; Applicant requests approval of a Conditional usa Permit for
~ the sale of alcoholic beverages for off-site consumption within
o the C-M, Commercial Manufacturing district.
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Subject property is located within a shopping center on a 3.82
acre site on the northwest corner of Central Avenue and Waterman
Avenue.
PROPERTY
Subject
North
East
South
West
EXISTING
LAND USE
Shopping Center
Commercial
Commercial
Commercial
Vacant
GENERAL PLAN
DESIGNATION
General Industrial
General Industrial
General Industrial
General Industrial
General Industrial
ZONING
C-M
C-M
C-M
C-M
M-l
GEOLOGIC / SEISMIC DYES FLOOD HAZARD DYES OZONE A ( !iUVES )
HAZARO ZONE !Xl NO ZONE Gll NO OZONE B SEWERS oNO
HIGH FIRE DVES AIRPORT NOISE I o YES REDEVELOPMENT DYES
HAZARD ZONE lXI NO CRASH ZONE DNO PROJECT AREA ~NO
.J o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL
~ APPLICABLE EFFECTS 0
WITH MITIGATING - 0
Z(I) MEASURES NO E,I,R, tit CONDITIONS
IIJ(!) [] EXEMPT o E.I.R. REQUIRED BUT NO 11.0 0
2z II.ffi DENIAL
Z- SIGNIFICANT EFFECTS
00 ~2
Q::Z WITH MITIGATING 0 CONTINUANCE TO
>ii: MEASURES (1)2
DNo 0
Z o SIGNIFICANT EFFECTS 0
IIJ SIGNIFICANT SEE ATTACHED E,R C, l&.I
EFFE CTS MINUTES It:
NOY. ..81 IIEYISED JULY 1..2
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP NO. 87-31
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OBSERVATIONS
1
6/2 /R 7
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AGENDA ITEM
HEARING DATE
PAGE
1. Conditional Use Permit Reauired:
The applicant has filed this conditional use permit application
in response to Municipal Code Section 19.26.020<Bl15 which
requires a conditional use permit to establish a new business
selling alcoholic beverages.
2. Location:
The store is a part of an existing commercial center on a 3.82
acre site located on the northwest corner of Waterman Avenue and
Central Avenue in the C-M, Commercial-Manufacturing zone.
3. Airport Land Use District:
The site is within Airport District II, part of the Norton Air
Force Base flight path. Municipal Code Section 19.64.080<Cll
permits all C-M, commercial uses within Airport District II.
4. Parkina:
The shopping center provides a total of 208 parking spaces based
on the square footage of gross floor area contained in the three
buildings on the site and the applicable ratios of parking
spaces required per square footi a total of 188 spaces are
required for the total site. The total area of suites 10 and 11
is 2,582 square feet. Applying the standard ratio of one space
per 250 square feet of gross floor area of retail space yields a
requirement of II parking spaces for these two suites.
5. Police Comments:
The Police Department finds no problem with the crime rate in
the reporting district in which the site is located nor with the
number of ABC licenses in the vicinity. However, the Department
is concerned that a number of burglaries have already occurred
in this center. They report that the ground level panels
beneath the front windows of the buildings can be easily kicked
in. They have met with the property manager and suggested a
number of crime prevention measures including braCing the
panels, installing alarm systems, and hiring a private security
service. The manager allegedly has been unwilling to follow any
of these suggestions and requested increased police protection.
The Police Department is also concerned that the sale of
alcoholic beverages at this site might lead to loitering at the
center, and that anyone loitering behind Building One would not
be visible from Waterman Avenue or Central Avenue.
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r CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP NO. 87-3l
OBSERVATIONS
3
6/2/87
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AGENDA ITEM
HEARING DATE
PAGE
6. Liahtina:
The site plan does
lighting. Adequate
reduce the potential
not indicate the location
lighting should be provided
for crime in the center.
or method of
in order to
7. Applicant's Intent:
The applicant has submitted a letter indicating that he has a
prospective tenant interested in selling beer and wine in spaces
10 and 11 of the center. However, the applicant requests
flexibility regarding the location of the conditional use permit
in the event that the prospective tenant withdraws from the
lease agreement.
8. Environ~~n~_p~termination:
At its regularly scheduled meeting on May 7, 1987r the
Environmental Review Committee determined that the project is
categorically exempt from further environmental review under the
California Environmental Quality Act.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT ""'.
CASE CUP NO. 87-31
FINDINGS of FACT
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AGENDA ITEM
HEARING DATE
PAGE
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1. The zoning of the site is C-M, Commercial Manufacturing which
allows General Commercial uses including the sale of alcoholic
beverages. The General Plan designation for the site and the
surrounding area is General Industrial. In the past the
Planning Department has deemed the C-M zone to be consistent
with a General Industrial designation by the General Plan. On
this basis the proposed use is consistent with the General Plan
designation.
2. The buildings in this commercial center provide little security
from burglars. A number of burglaries have already occurred.
The sale of alcoholic beverages is likely to attract people who
will loiter on the site, thereby, increasing the chances of
burglaries. An increase in the area's crime rate would
adversely affect the adjoining land uses and the growth and
development of the area.
3. The layout of the buildings on the site is such that loiterers
behind Building Number 1 cannot be seen from Waterman Avenue or
Central Avenue. Given the fact that these buildings are easy to
break into, to sell alcoholic beverages in this center without
the provision of additional security measures would be
tantamount to inviting burglaries.
4.
The traffic generated by the proposed
undue burden upon the streets designed
area. Adequate parking is provided.
5. The granting of this conditional use permit is likely to
increase the burglary rate in the commercial center for which it
is proposed and will, therefore, be detrimental to the peace,
safetYr and general welfare of the citizens of San Bernardino.
use will not impose an
to carry traffic in the
RECOMMEND~:nON
Based upon the observations and findings of fact contained herein,
Staff recommends denial of Conditional Use Permit No. 87-3l.
Respectfully Submitted,
VINCENT A. BAUTISTA,
Acting Planning Director
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SCOTT WRIGHT, P nner I
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ENVIRONMENTAL REVIEW COMMITTEE
"" ENVIRONMENTAL IMPACT CHECKLIST
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A. BACKGROUND
l. Case Number (s) : Conditional Use Permit No. 87-3lDate: 5/7/87
2. Project Description: Applicant requests approval of a conditional
use permit to sell alcoholic beverages for off-site consumptio [l
within an existing shopping center.
3. General Location: The 3.82 acre site is located in the C-M
zoning district on the northwest corner of Central and Waterma 1
Avenues.
_..n.._._.___.___. -- ...-.--.. -.
B. j':NV [ RONMENT AL lMPACTS
YES MAYBE NO
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l. Could project change proposed uses of land, as indi-
cated on the General Plan, either on project site or
within general area? - ~
2. Would significant increases in either noise levels,
dust odors, f urnes, vibrat ion or radiation be gener-
ated from project area, either during construction
or from completed project other than those result- X
ing from normal construction activity? - -- -
3. Will project involve application, use or disposal
of hazardous or toxic materials? ~
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4. Will any deviation from any established environ-
mental standards (air, water, noise, light, etc, )
and/or adopted plans be requested in connection
with project? ~
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5. Will the project require the use of significant
amounts of energy which could be reduced by the
use of appropriate mitigation measures? -X
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6. Could the project create a traffic hazard or
congestion? ~
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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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MAY 8'
EAt, FORM A
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CONDITIONAL USE PERMIT NO. ~-31
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8. Will project involve construction of facilities in
an area which could be flooded during an inter-
mediate regional or localized flood?
9. Will project involve construction of facilities or
services 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 archaelogical
sites in vicinity of project area which could be
affected by project?
13. Could the project affect the use of a recrea-
tional area or area of important aesthetic value
or reduce or restrict access to public lands or
parks?
14. Are there any known rare or endangered plant
species in the project area?
15. Does project area serve as habitat, food source,
nesting place, source of water, migratory path,
ctc" 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
:;
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NO
X-
X-
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x
x
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CONDITIONAL USE PERMIT NO.~7-3l
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C. SUMMARY OF FINDINGS ANU CUMULATIVg gPF~CTS
If any of the findings of fact have been answered YES or MAYBE, then a brief
clarification of potential impact shall be included as well as a discussion
of any cumulative effects (attach additional sheets if needed).
D. MITIGATION MEASURES
Describe type and anticipated effect of any measures proposed to mitigate or
eliminate potentially significant adverse environmental impacts:
------.-.,.------.----------
E. DETERMINATION
On the has is of this initial eval uation,
0 We find the proposed project COULD NOT have a signif icant effect on the
environment and a NEGATIVE DECLARATION will be prepared.
o 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 described on an attached sheet
have been added Lo the project, A NEGATIVE DECLARATION WILL BE PREP~~ED,
o We find the proposed project MAY have a significant effect on the environ-
ment, and an ENVIRONMENTAL IMPACT REPORT is required.
X We find that the proposed project is categorically exempt
from the requirements of the California Environmental Quality
ENVIRONMENTAL REVIEW COMMITTEE Act.
CITY OF SAN BERNARDINO, CALIFORNIA
JI(/.I{'.vC~ C. ROSS, AssJ.stant Planner
(Secretary) VAL E
DATE: A1..1 ~ /187
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,
MAY II
ERe. FOllIII A
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CITY OF SAN BERNARDINO
PLANNING DEPARTMENT
AGENOA
ITEM #
LOCATION
CASE CUP NO. 87-31
HEARING DATE
3
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Church Locati ns
l. St" Mark Missionary Bap- 1-' M.I
tist Church - about 0.1 .-J
mile from the site
2. New Canaan Temple - about
0.15 mile from the site Mol
3. Bethel Apostolic Faith
Church - about 0.15 mile
from the site
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