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CITY OF SAN BERNARDI~ -
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REQUEri FOR COUNCIL AC'hbN
From: R. ANN SIRACUSA
DIRECTOR OF PLANNING
Dept: PLANiHNG
Date: OCTOBER 9, 1987
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n:c'o,-k'Mwwt:OAPPEAL OF CONDITIONAL USE PERMIT
, I 'NUMBER 87-45
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MAYOR AND COUNCIL MEETING OF
OCTOBER 19, 1987~ 2,00 PM
Synopsis of Previous Council action:
PLANNING COMMISSION ACTION:
On September 22, 1987, the Planning Conlffiission approved Conditional
Use Permit No. 87-45 for sale of alcoholic beverages for off-site
consumption in a new mini-market,
Recommended motion:
Deny the appeal and uphold the Planning Commission approval of
Conditional Use Permit No. 87-45.
Sign u re
R. Ann Siracusa
Contact person: R. ANN SIRACUSA
Phone: 384-5057
Supporting data attached:
Ward:
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FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Notes,
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'cIH OF SAN BERNARD&o - REQU~ FOR COUNCIL ACr:.bN
STAFF REPORT
APPEAL OF CONDITIONAL USE PERMIT NO. 87-45
MAYOR AND COUNCIL MEETING OF OCTOBER 19, 1987
BACKGROUND
On September 22, 1987, the Planning Commission, after
conducting a properly noticed public hearing, approved
Conditional Use Permit No. 87-45 for the sales of alcoholic
beverages for off-site consumption in a new 2,716 square foot
mini-market to be constructed in an existing gasoline
station.
Conditional Use Permit No. 87-45 was placed on the consent
agenda and the six commissioners present voted unanimously to
approve the permit and adopt the positive Findings of Fact.
(See Attachment A.)
On October 2, 1987, the Planning Department received a letter
(Attachment B) of appeal from Mr. Charles H. Blackwell, the
manager for Mediterranean Mobile Home Estates. In his letter
Mr. Blackwell says that he and the other mobile homeowners
should have some say in what happens in their neighborhood.
His objections to the application are:
1. The police protection in the area now is not adequate to
handle any additional crime.
2. There is an existing litter problem on Rialto Avenue
and Meridian Avenue.
On October 5, 1987, a letter was received from Mr. Benjamin
Shevchuk, owner of the Mediterranean Mobil Home Park,
stating he objected to the proposal because of his parks'
location near a low rent government subsidized housing tract
whose residents walk by his park and drop litter. (See
Attachment C.)
The police records indicate that this area has a crime rate
of 44 percent below the city average and the area is not
considered to have a crime problem. The Police Department
would automatically protest any application located in an
area that has a crime rate of 20 percent above the city's
average. The Police Department did not submit a protest to
this application.
The Alcoholic Beverage Control Board reviewed the case and
their regulations allow seven outlets in the census tract for
the sale of alcoholic beverages for off-site consumption and
only four exist. The proposal met with the Alcoholic
75-0264
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Appeal of
Mayor and
Page 2
CUP 87-45
Council Meeting of October 19, 1987
Beverage Control's
overconcentration.
standards
with
regards
to
ANALYSlp
In considering a request for an alcohol
Permit, the issues of overconcentration of
compatibility with the surrounding area are
to be considered.
Conditional Use
the use and its
the major factors
There are four existing establishments selling alcohol for
off-site consumption within this census tract which has a
population of 6,130. One outlet is located at Rialto Avenue
and Rancho Avenue, one is under construction at the southeast
corner of Rialto Avenue and Pepper Avenue and there is a
grocery store and a liquor store within the same commercial
area as this application that have off-site licenses. There
is also a restaurant with an on-site license.
The intersection is busy and lends itself to the commercial
development that is allowed in the C-2 and C-3 zoning
district. The parking lot of the commercial center is
landscaped, is well taken care of and appears to meet city
requirements. The buildings have been recently repainted and
many of them are for rent.
The existing retail outlets are open until 10:00 p.m. and
this proposed use plans to remain open until 11:00 p.m. Two
attendants will be on duty at all times and the building has
been designed to give them a full view of the parking lot to
discourage litter, loitering or on premises consumption of
alcohol.
~Q~~!"llSION
There are only four outlets for off-site consumption of
alcohol in this area where seven are allowed. The crime rate
is very low. Neither the police nor the Alcoholic Beverage
Control Board have any objections to this application. The
applicant has expressed an interest in preventing any
additional problems in the area and has taken precautions to
that end.
COUNCIk- b~nQ!J
The Council may deny the appeal and uphold the Planning
Commission approval of Conditional Use Permit No. 87-45. If
they deny the appeal they may apply conditions of approval.
Further, if the Council chooses to uphold the appeal and deny
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Appeal of CUP 87-45
Mayor and Council Meeting of October 19, 1987
Page 3
the Conditional Use Permit, negative Findings of Fact must be
articulated to support the denial.
RECOMMENDATIO~
Staff recommends that the City
uphold the Planning Commissions
Permit No. 87-45.
Council
approval
deny the appeal and
of Conditional Use
Prepared by: Vivian Stevens Leach
Planner I
Prepared for: R. Ann Siracusa
Director of Planning
Planning Department
Attachment A-Statement of Official Planning Commission Action
Attachment B-Letter of Appeal
Attachment C-Letter of Appeal
Attachment D-Planning Commission Staff Report
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MISC/DOC
10/9/87
appealcup8745
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ATTACHMENT C
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October 1, 1987
Mrs. Ann Siracusa
Dept. of Planning
300 N. "0" Street
San Bernardino, CA 92418
Dear Mrs. Siracusa:
As the owner of Mediterranean Mobile Home Park, located at 2744
W. Rialto Ave., Rialto, California, I highly object to any permit.
which would allow the new proposed AM-PM mini-market (at the N,
E, corner of Pepper and Rialto Avenue) to sell alcoholic
beverages.
Our mobile home park is adjacent to the commercial property on
which the proposed mini-market is to be built, and our primarily
senior citizen residents are very C(J)lcerncd over havIng anot))(:J
establishment at this commercial center selling alcoholic
beverages.
It was just several years ago that many our residents and others
from the community gathered at Lytle Creek Park club house to
discuss, with the then new police chief of San Bernardino, the
crime problem in this area, The crime problem has improved but
has not gone away.
Our park is especially vulnerable because the large apartment
project along Meridian is a low rent, government subsidized hous-
ing tract that houses a large criminal element, The residents
from this housing tract walk across the front and side of our
park, and frequently leave their beer cans, bottles and trash on
our landscaping on their way to and from the commercial center of
the proposed mini-market.
Allowing the AM-PM to be open 24 hours per
coholic beverages is totally unacceptable.
consider the safety of the many seniors who
day while selling al-
We ask you to please
live in our park.
Thank you for your consideration.
1,01 ~ C:2
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Benjam n Shevchuk, Owner
Medite"ranean Mobile Home Park
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313 E. Ave. Cordoba
San Clemente, CA 92672
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City of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
Number:
Conditional Use Permit No. 87-45
Applicant:
Ruba Enterprises, Incorporated
ACTION
Meeting Date: September 22, 1987
X Approved Adoption of Negative Declaration and
Adoption of Request Subject to the Following
Findings of Fact and Conditions of Approval
(Attachment "A").
Denied.
Other.
FINDINGS OF FACT
1. The proposed use conforms to the objectives of the
City's General Plan Elements in that the site is desig-
nated for General Commercial and the sale of alcoholic
beverages for off-site consumption is allowed in this
zone with an approved Conditional Use Permit.
2. The proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in
which it is proposed to be located in that the proposed
use is commercial and is surrounded by commercial
centers on three sides. The nearest residence is 110
feet away across a four lane street.
3.
The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed
use in a manner not detrimental to the particular area
nor to the peace, health, safety, and general welfare in
that it is an addition to an existing commercial use and
the building has been designed to insure that the clerk
can observe the full lot to discourage loitering or
alcoholic consumption on the premises. The hours of
operation are similar to those of the surrounding
businesses and two attendants will be on duty at all
times to aid in controlling trash and to maintain order.
The site will be lighted.
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City of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
Conditional Use Permit No. 87-45
Page 2
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area
in that both Rialto Avenue and Pepper Avenue are four
lane, improved streets. Access is provided by thirty
six foot driveways to both Rialto Avenue and Pepper
Avenue. The project has adequate on-site parking in
that twelve spaces have been provided including one
handicapped space.
5. Granting of the conditional use permit under the condi-
tions imposed, if any, will not be detrimental to the
peace, health, safety and general welfare of the citi-
zens of the City of San Bernardino in that there is no
change in land use, the streets are designed to carry
any increased traffic, the hours of operation are
reasonable, precautions have been taken to prevent
noise, loitering and on-site consumption.
CONDITIONS OF APPROVAL
This project was approved subject to the conditions and
standard requirements contained in Attachment A.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Corona, Lindseth, Lopez, Nierman, Sharp, Stone
None
None
Brown, Cole
that this Statement of Official Action
ts the final determination of the Planning
~~~y of San Bernardino. 'ls )~7
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R. Ann Siracusa, Director of Planning
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Print or Type Name and Title
RAS/mkf
DOCUMENTS:PCAGENDA
PCACTION
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DEPARTMENT '"
BERNARDINO PLANNING
SUMMARY
AGENDA ITEM
HEARING DATE
WARD
5
9-21-87
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APPLICANT.
Conditional Use Permit No, 87-45
OWNER'
Ruba Enterprise, Inc.
220 South Vincent Avenue
West Covina, CA 91790
Same as Above
t; Located at the northeast corner of Rialto Avenue and Pepper Avenue on a
~ ,49 acre site in the C-2, Community Commercial zone,
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III
a: The applicant requests approval of a Conditional Use Permit under Code.
~ Section 19,26,020.B.15 for the sale of alcoholic beverages for off-site
<t consumption at a new 2,716 square foot mini-market at an existing gasoline
lIJ station,
a::
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PROPERTY
Subject
North
South
East
West
EXISTING
LAND USE
ZONING
Gasoline Station
Retail Center
Retail Center
Retail Center
Vacant
C-2
C-2
C-3A
C-2
R-1/R-2
DYES
all NO
DYES
lil NO
GEOLOGIC I SEISMIC
HAZARD ZONE
HIGH FIRE
HAZARD ZONE
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~
Zen
UJ(!)
:EZ
Z-
OO
a::Z
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Z
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o NOT
APPLICABLE
o EXEMPT
KJNO
SIGNIFICANT
EFFECTS
NOV. 1911 REVilED JULY 1"2
SKY
AIRPORT NOISE lOVES
CRASH ZONE [Xl NO
FLOOD HAZARD
ZONE
o POTENTIAL SIGNIFICANT
EFFECTS
WITH MITIGATING
MEASURES NO E.1. R.
o E.I.R. REQUIRED BUT NO
SIGNIFICANT EFFECTS
WITH MITIGATING
MEASURES
o SIGNIFICANT EFFECTS
SEE ATTACHED E. R. C.
MINUTES
GENERAL PLAN
DESIGNATION
General Commercial
General Commercial
General Commercial
General Commercial
Mobile Home Park
OVES OZONE A
[]I NO OZONE B
C SEWERS
laVES )
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REDEVELOPMENT OVES
PROJECT AREA fiNO
[] APPROVAL
[] CONDITIONS
0 DENIAL
0 CONTINUANCE TO
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.cITY OF SAN BERNARDINO PLANNING DEPARTMENT
OBSERVATIONS
CASE r.ondltionnl lisp
PPTmi~ ~n R7 ~~
AGENDA ITEM 5
HEARING DATE 9-22-87
PAGE 2
1. REQUEST
The applicant requests approval of a Conditional Use Permit under
authority of Code Section 19.26.020.B.15 to permit the sales of alcoholic
beverages for off-site consumption in a new 2,716 square foot mini-market
to be constructed in an existing gasoline station.
2. LOCATION ANO LAND USE
The .49 acre site is located at the northeast corner of Rialto Avenue and
Pepper Avenue and is currently a gasoline station. A retail center
encircles the station to both the north and the east. A retail center is
under construction to the south and a vacant lot lies to the west with a
single family home just beyond.
3. GENERAL PLAN AND ZONING
The proposed site is zoned C-2, Community Commercial, and has a General
Plan land use designation of General Commercial. The retail outlet is a
by-right use in the zone and both the zoning and general plan designations
allow the sale of alcoholic beverages with an approved Conditional Use
Permit.
4. RETAIL CENTER
The retail center within which the Conditional Use Permit for the sale of
alcohol for off-site consumption is located, is a by-right use in the zone
district and not subject to Planning Commission approval. The site plan
has been reviewed and found to be acceptable.
The submitted elevations indicate the exterior building materials will
consist of plaster, veneer. and extended facia (Exhibit B).
5. TRAFFIC AND CIRCULATION
A 36 foot driveway entrance is provided from both the Rialto and Pepper
Avenues to allow egress and ingress to the station and mini-market.
Interior circulation and parking are adequate for this use.
6. NEIGHBORHOOD IMPACT:
The proposal is within an existing commercial
tion will be from 6:00 a.m. until 11:00 p.m.
space of the mini-market will be used for the
center. The hours of opera-
Twenty percent of the shelf
sale of alcoholic beverages.
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.cITY OF SAN BERNARDINO PLANNING DEPARTMENT
~ CASE Conditional Use
OBSERVATIONS
Permit No. 87 45
AGENDA ITEM 5
HEARING DATE 9 22 87
PAGE 1
There is a restaurant selling beer and wine, a liquor store and a market
selling beer and wine within the same center.
There are two schools and one park located one half mile from this pro-
posed site.
7. AGENCY COMMENTS:
The Police Oepartment will not protest this application.
8. ANALYSIS
In considering an alcohol Conditional Use Permit it is appropriate to con-
sider overconcentration of the use within the area and the compatibility
of the use with surrounding land uses.
The Police Department's published crime rate for this area is -44% below
the average in the city and is not considered a high crime area for the
purposes of this application.
There are 2 existing alcohol outlets for off-site consumption within the
retail center of this proposal and 2 others within the census tract. The
Alcohol Beverage Control standards allow 7 licenses within this tract.
Based on that criteria there is not an overconcentration of such uses in
the area.
There is a residence across Pepper Avenue within 110 feet of this propo-
sal. However, the proposal is located in an existing gasoline station
which is open from 6:00 a.m. until 10:00 p.m. currently and the proposal
is from 6:00 a.m. until 11:00 p.m. Some of the shops in the retail center
are now open until 10:00 p.m. This use will add one hour to the operation
of the center and possible noise and traffic in the area. The parking lot
of this proposal is well lighted and can be observed from the mini-market
to discourage loitering or parking. Two attendants will be on duty at all
times to facilitate the orderly operation of the mini-market and station.
g. CONCLUSION
This request for a Conditional Use Permit for the sale of alcoholic
beverages is located in an existing commercial center in which the use is
allowed. The hours of operation are similar to the current operating
hours of the existing gasoline station and the commercial center. Two
attendants will operate the facility and insure that noise, loitering, and
trash are kept to a minimum. The lot is well lighted. The proposal meets
both the Police Department's and the Alcoholic Beverage Control Board's
requirements for low crime and overconsentration.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Conditional Use
OBSER"ATIONS Permit No. 87 45
. Y 1-\ I e~~~~~G 16~~E 9-zi-87
PAGE 4
10. ENVIRONMENTAL CLEARANCE
An initial study was prepared by staff and no potential impacts were iden-
tified. At its regularly scheduled meeting of September 10, 1987, the
Environmental Review Committee recommended the adoption of a Negative
Declaration.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
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FINDINGS of FACT
CASE Conditional Use
Permit No, 87-45
AGENDA ITEM 5
HEARING DATE 9 22 87
PAGE 'i
'J
'10..
1. The proposed use conforms to the objective of the City's General Plan
Elements in that the site is designated for General Commercial and the
sale of alcoholic beverages for off-site consumption is allowed in this
zone with an approved Conditional Use Permit,
2. The proposed use will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located
in that the proposed USe is commercial and is surrounded by commercial
centers on three sides. The nearest residence is 110 feet away across a
four lane street.
3. The size and shape of the site proposed for the use is adequate to allow
the full development of the proposed use in a manner not detrimental to
the particular area nor to the peace, health, safety, and general welfare
in that it is an addition to an existing commercial use and the building
has been designed to insure that the clerk can observe the full lot to
discourage loitering or alcoholic consumption on the premises. The hours
of operation are similar to those of the surrounding businesses and two
attendants will be on duty at all times to aid in controlling trash and to
maintain order. The site is well lighted.
4. The traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic
in the area in that both Rialto Avenue and Pepper Avenue are four lane
improved streets. Access is provided by thirty-six foot driveways to both
Rialto Avenue and Pepper Avenue. The project has adequate on-site parking
in that twelve spaces have been provided including one handicapped space.
5. Granting of the conditional use permit under the conditions imposed if
any, will not be detrimental to the peace, health. safety and general
welfare of the citizens of the City of San Bernardino in that there is no
change in land use, the streets are designed to carry any increased traf-
fic, the hours of operation are reasonable, precautions have been taken to
prevent noise, loitering and on site consumption.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Conditional Use
FINDINGS f F'AICT Permit No, 87-45
o H ~~~~~N~ I~~~E 9 2~-87
PAGE Ii
RECOMMENDATION
Based upon the observations and the positive Findings of Fact contained
herein, Staff recommends approval of Conditional Use Permit No. 87-45 and
adoption of the proposed Negative Declaration.
Respectfully submitted,
R. Ann Siracusa
Director of Planning
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Conditional Use
O TIO S Permit No. 87-45
C NOI N AGENDA ITEM 5
HEARING DATE 9-22-87
~ PAGE 7
1. Four sets of landscape plans must be submitted to the Planning Department
for their review and approval prior to submission of plans to the Building
and Safety Department for plan check. The fee for Landscape Plan Review
is SsO.OO.
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CITY OF SAN BERNARDINO
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STANDARD REQUIREMENTS
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CASE Conditional cse
Pprmi t No R7 4~
AGENDA ITEM 5
HEARING DATE q 07 87
PAGE p, ~
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COMMERCIAL, INDUSTRIAL
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CUP No. 87-45 shall be in effect for a period of 12 months
from the date of approval. However, if no development has been initiated at
the end of the l2-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: October6, 1987,
2
PARKI NG:
a. This development shall be required to maintain a minimum of .J.L 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.
Parki ng spaces 'shall be stri ped and have wheel stops installed at least
three feet from any building. wall, fence, property line, or walkway.
c. Whenever an off-street parking area is adjacent to or across an alley
from property zoned residential, a solid decorative wall six feet in
height shall be erected and maintained along the property line so as to
separate the parking area physically from the residentially zoned pro-
perty provided such wall shall be three feet in height when located
within the required front or street side yard setback. Where no front
or street side yard is required. such wall shall be three feet in
height when located within ten feet of the street line.
d. Whenever an off-street parking area is located across the street from
property zoned for residential uses. a solid decorative wall or equiva-
lent landscape berm not less than three feet in height shall be erected
and maintained along the street side of the lot not closer to the
street than the requi red depth of the yard in the adjoi ni ng resi denti al
area. No fence or wall located in the front setback shall obscure the
required front setback landscaping.
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REFUSE ENCLOSURES:
Whenever refuse bins are located within or adjacent to a parking area used
by the public, they shall be enclosed by a decorative wall six feet in
height along the rear and sides and screened gate<sl six feet in height
along the front. The enclosure shall not be placed within the required
front or street side yard setback area. Exact location and size of refuse
enclosures are to be determined by the Planning Department and Division of
Public Services Superintendent.
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CITY OF SAN BERNARDINO
CASE Conditional Use
Pp-rmit No R7 4~
AGENDA ITEM 5
HEARING DATE 9-n-R7
PAGE 9
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STANDARD REQUIREMENTS
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WALLS:
a. Six-foot high solid decorative walls shall be required on the north
, south , east , and west or peri pheral property
TInes. (On1Ythose marked with "X"or check mark apply.)
b. Chain-link fencing may be used, subject to approval by the Planning
Department.
4
.LANDSCAPI NG:
The intent and purpose of this section is to prevent trees and other
landscaping from damaging public improvements.
a. Street trees must be installed at a mnimum of 30 feet on center.
Vari eti es and exact locati on shall be determ ned by the Oi rector of
Park and Recreation.
b. All required setbacks abutting a public right-of-way shall be
landscaped (except for walks and driveways which bisect or encroach
upon the required landscape area).
c. Three copies of a landscape plan (including plant material
specifications) shall be submitted to the Planning Department and Park
and Recreation Department for review and approval.
d. All required landscaping shall be protected from parking areas and
shall be provided with automatic sprinkler facilities which shall be
maintained in an operative condition.
e. I nteri or pl anti ng shall be requi red and mai ntai ned equal to at least
five percent of the open surfaced parking area excluding the area of
landscaping stri p requi red by subsection "b" and shall include at least
one tree for every five spaces or major fraction thereof. Measurements
sha 11 be computed from the i nsi de of pet;J meter walls or setback 1i nes.
f. The requi red setback (s) from the north , south , 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.
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I LLUMI NATION:
a. All lighting fixtures in the parking areas shall be directed away from
adj acent properti es and the pub 1 i c ri ght-of-way.
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CITY OF SAN BERNARDINO
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ST ANDARD' REQUIREMENTS
CASE Condirional Use
Pprmit Nn R7-4,
AGENDA ITEM 'i
HEARING DATE q 7?_R7
PAGE 10 )
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MEOiAN1 CAL EQU1 PMENT:
a. Air conditioning and vent ducts shall be directed away from any adja-
cent resi denti al uses.
b. All mechani cal equi pment located on the roof shall be screened and
located away from adjoi ni ng resi denti a 1 uses. Screeni ng desi gn shall
be approved by the Planning Department.
Comp 1 i ance wi th all reconmendati ons of the Geo logy Report sh all be requi red
(if appli cabl 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.
6
During construction, the City Engineer may require a fence around all or a
porti on of the peri phery of the si te to mi ni mi ze wi nd and debri s damage to
adjacent properties. The type of fencing shall be approved by the City
Engineer to assure adequate project site maintenance, clean-up and dust
control.
Within 75 feet of any single-family residential district, the maximum
height of any building shall not exceed one-story or 20 feet unless the
Colllni ssi on determi nes that due to unusual topographi calor other features,
such restrictive height is not practical.
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All utility lines shall be installed underground subject to exceptions
approved by the Planning Department and the City Engineer.
No Certi fi cate of Occupancy shall be issued pri or to comp 1 i ance wi th these
Standard Requirements as well as all provisions of the San Bernardino
Muni ci pal Code.
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Sl GNS:
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All si gns shall be in conformance wi th San Bernardi no Muni ci pa 1 Code
Section 19.60. Three copies of a plot plan and elevation of the sign drawn
to scale shall be submi tted to the Planni ng Department for revi ew and
approval pri or to issuance of the si gn permi t from the Bui ldi ng and Safety
Department.
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a. Monument-type signs shall not be located within the required setback
for the zoni ng di stri ct ; n whi ch the si gn ; s located. The monument
sign shall be located a minimUII of 5 feet from the property line. If
the monument si gn is located wi thi n the setback. it sh all not exceed
an overall height of 3 feet.
b. . All freestanding signs must have B feet of clearance tetween average
ground level and the bottom of the sign.
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CITY OF SAN BERNARDINO PUBLIC WORKS/ENGR.
J CASE Conditional Use
Permit No. 87-45
STANDARD REQUIREMENTS AGENDA ITEM 5
HEARING DATE 9(22/87
PAGE 1
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Project Descri pti on: C,U.P. No. 87-45 Construct Mini-Mart and Gas Station at
Northeast Corner of Rialto Avenue and Pepper Avenue
Date: September IS, 1987
Page --L of ---! pages
Prepared 8y: MWG
Reviewed By:
GRK
Applicant:
RUBA Enterprises
NOTE TO APPLICANT: Where separate Engineering plans are required, the
applicant 1S responsible for submitting the Engineering plans directly
to the Engineering Division, They may be submitted prior to submittal
of Building Plans,
Drainage and Flood Control
10. All necessary drainage and flood control measures shall be
subject to requirements of the City Engineer, which may be based
in part on the recommendations of the San Bernardino Flood
Control District, The developer's Engineer shall furnish all
necessary data relating to drainage and flood control,
11. A local drainage study will be required for the project, Any
drainage improvements, structures or storm drains needed to
mitigate downstream impacts or protect the development shall be
designed and constructed at the developer's expense, and
right-of-way dedicated as necessary,
12.
All drainage from the development
approved public drainage facility,
drainage facilities and easements
satisfaction of the City Engineer,
shall be
If not
shall be
directed
feasible,
provided
to an
proper
to the
Grading
13. If more than l'.of fill or 2' of cut is proposed, the site/plot/
grading and drainage plan shall be signed by a Registered Civil
Engineer and a grading permit will be required. The grading plan
shall be prepared in strict accordance with the City's "Grading
Policies and Procedures" and the City's "Standard Drawings",
unless otherwise approved by the City Engineer in advance,
14.
If more than 5,000 cubic yards of
grading bond will be required and the
in accordance with Section 7012 (cl of
earthwork is proposed, a
grading shall be supervised
the Uniform Building Code,
C
r CITY OF SAN BERNARDINO PUBLIC WORKS/ENGR.
CASE Conditional Use
Permit No, 87-45
AGENDA ITEM 5
HEARING DATE 9/22/87
PAGE 12
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STANDARD REQUIREMENTS
Project Descri pti on: C,U,P, No. 87-45 Construct Mini-Mart and Gas Station
at Northeast Corner of Rialto Avenue and Pepper Avenue
Date: September 15, 1987
Page ~ of ~ pages
Prepared By: MWG Reviewed By: GRK
15. An on-site Improvement Plan is required for this project. Where
feasible, this plan shall be incorporated with the grading plan
and shall conform to all requirements of Section 15.04-167 of the
Municipal Code (See "Grading Policies and Procedures"), The
on-site Improvement Plan shall be approved by the City Engineer,
Utilities:
16. Design and construct all public utilities to serve the site in
accordance wi th Ci ty Code, Ci ty Standards and requi rements of the
serving utility, including gas, electric, telephone, water, sewer
and cabl e TV.
17. Utility services shall be placed underground and easements
provided as required,
18. All existing overhead utilities adjacent to or traversing the
site on either side of the street shall be undergrounded in
accordance with Ordinance No, MC-601 (SUbdivisions) or Resolution
No, 87-189 {Non-subdivisions}.
19.
Existing utilities
relocated at the
Engineer.
which interfere with new construction shall be
Developer's expense as di rected by the Ci ty
20. Sewers within private streets or private parking lots will not be
maintained by the City but shall be designed and constructed to
Ci ty Standards and inspected under a Ci ty On-Si te Constructi on
Permit, A private sewer plan designed by the Developer's
Engi neer and approved by the Ci ty Engi neer wi 11 be requi red,
This plan can be incorporated in the grading plan, where
practical,
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CITY OF SAN BERNARDINO PUBLIC c:q~n~~{o~~~~' 1,
Perm~t No. 87-45
STANDARD REQUIREMENTS AGENDA ITEM 5
HEARING DATE 9/22/87
PAGE 13
Project Descri ption: C,U,P, No, 87-45 Construct Mini-Mart and Gas Station
at Northeast Corner of Rialto Avenue and Pepper Avenue
Date: Se~tember 15, 1987
Page -1- 0 --1- pages
Prepared By: MWG Reviewed By: GRK
Street Improvement and Dedications:
21. All public streets within and adjacent to the development shall
be improved to include combination curb and gutter, paving,
handicap ramps, street lights, sidewalks and appurtenances,
including, but not limited to, traffic signals, traffic signal
modification, relocation of public or private facilties which
interfere with new construction, stiping, signing, pavement
marking and markers, and street name signing, All design and
construction shall be accomplished in accordance with the City of
San Bernardino "Street Improvement Policy" and City "Standard
Drawings", unless otherwise approved by the City Engineer.
Street lighting, when required, shall be designed and constructed
in accordance with the City's "Street Lighting Policies and
Procedures", Street 1 i ghti ng shall be shown on street
improvement plans except where otherwise approved by the City
Engineer,
22.
For the streets listed below, dedication of adequate
right-of-way (R,W,) to provide the distance from
centerline to property line and placement of the curb line
in relation to the street centerline shall be as follows:
street
street
(C. L. )
Street Name Right-of-Way (Ft, ) Curb Line (Ft. )
Pepper Avenue 50' 36'
Ria lto Avenue 44' 33'
Required Engineering Permits:
23. Grading permit (if applicable),
On-site improvements construction permit (except buildings -
see Building and Safety)
Off-Site improvements construction permit
Applicable Engineering Fees:
24. Plan check and inspection fees for off-site improvements.
25. Plan check and inspection fees for on-site improvements (except
buildings; see Building and Safety).
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CITY OF SAN BERNARDINO PUBLIC WORKS/ENGR.
CASE Conditional Use
Permit No, 87-45
AGENDA ITEM 5
HEARING DATE 9/22/87
PAGE 14
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STANDARD REQUIREMENTS
Project Description: C,U,P, No. 87-45 Construct Mini-Mart and Gas Station
at Northeast Corner of Rialto Avenue and Pepper Avenue
Date: ~p~~pmhPr 1~ lQR7
Page -A- 0 -A-- pages
Prepared By: ~ Reviewed By: r,RK
Applicable Engineering Fees: (Continued)
26. Plan check and inspection fees for grading (if permit required),
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Prepared by:
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PLANNING DEPARTMENT
CITY OF SAN BERNARDINO
INITIAL STUDY
FOR
ENVIRONMENTAL REVIEW
COMMERCIAL DEVELOPMENT AT
2898 West Rialto Avenue
CONDITIONAL USE PERMIT NUMBER 87-45
Vivian Stevens Leach
Planning Department
300 North -D- Street
San Bernardioino, CA 92418
(714) 384-5057
Ruba Enterprise, Inc.
220 South Vincent Avenue
West Covina, CA 91790
August 24, 1987
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CITV OF SAN BERNARDINO
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NOTICE OF PREPARATION OF A NEGATIVE DECLARATION
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Date:
August 27, 1987
City of San Bernardino Planning Department
300 North "OW Street
San Bernardino, CA 92418
From:
Contact Person:
Vivian Stevens Leach
To:
Envitonmental Review Committee
Valerie Ross-Planning Dept.
Mikel Park-Fire Dept.
Rafat Raie-Engineering
Charles Dunham-Building and Safety
John Haeger~R.D.A.
Mike Grubbs.. Engineering
Debi Shuker-Police Dept.
Project:
The construction of a new 2716 square foot mini-market that
will also sell beer and wine at an existing gasoline station
at the northeast corder of the intersectian of Rialto Avenue
and Pepper Avenue on a .49 acre site. CUP-87-45
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The City of San Bernardino proposes to'adopt a Negative Declaration for the above
referenced project. The Environmental Review Committee found that the project
will not have a significant effect on the environment on the basis of the
attached Initial Study and mitigation measures (if applicable).
Any environmental comments you have should be received in this office no later
than September 9, 1987.
If you do not respond in writing, we will assume that you have no opinions and/or
recommendations on the above project.
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r- CITY OF SAN BERNARDINO PLANNING DEPAATMENT ~
ENVIRONMENTAL REVIEW COMMITTEE
'-. ENVIRONMENTAL
IMPACT CHECKLIST ~
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A, BACKGROUND
l. Case NUlllber (s): CUP 87-45 Date: 7/22/87
2, Project Description: Construct new mini market to sell alcholic beverages
for off-site consumption in an exis ting gasoline station.
.
3. General Location: Northeasc corner of Rialco Avenue and Pepper Avenue.
AP No. 142-051-12
8. ENVIRONMENTAL IMPACTS
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? X
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2. Would significant increases. in either noise levels,
dust odors. fumes, vibration or radiation be gener-
ated from project area. either during construction
or from compleced project other than chose result-
ing from normal construction activity? X
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3. Will project involve application, use or disposal
of hazardous or toxic materials? X
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4. Will any deviacion from any established environ-
mental standards (air, water, noise, light, etc.)
and/or adopted plans be requested in connection
with project? X
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5. Will the project require the use of significant
amounts of energy which could be reduced by che
use of appropriate mitigation measures? X
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6. Could the project create a traffic hazard or
congestion? - - ...x..
7. Could project result in any substancial 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 '81
EJlc. FObI A
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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,
etc.. for any rare or endangered wildlife or fish
species?
16. Will project be located in immediate area of any
adverse geologic nature such as slide prone areas,
highly erosible soils, earthquake faults, etc.?
17. Could project substantially affect potential use
or conservation of a non-renewable natural
resource?
18. Will any grading or excavation be required in
connection with project which could alter any
existing prominent surface land form, i.e., hill-
side, canyons, drainage courses, etc?
19. Will any effects of the subject project together
or in conjunction with effects of other projects
cause a cumulative significant adverse impact on
the environment?
YES
MAYBE
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NO
x
x
x
x
x
x
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x
x
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C. SUMMARY OF FINDINGS AND CUMULATIVE EFFECTS
If any of the findings of fact have been answered YES or ~AYBE, then a brier
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 basis of this initial evaluation.
0 We find the proposed project COULD NOT have a significant effect on the
environment and a NEGATIVE DECLARATION will be prepared.
0 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 to the project. A NEGATIVE DECLARATION WILL BE PREPA!~ED.
o We find the proposed project HAY have a significant effect on the environ-
ment, and an ENVIRONMENTAL IMPACT REPORT is required.
ENVIRONMENTAL REVIEW COMMITTEE
CITY OF SAN BERNARDINO, CALIFORNIA
(Secretary)
DATE:
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PAGE 5 OF 3
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PROJECT DESCRIPT10N
CUP 87-45
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A. BACKGROUND
The project under consideration for this Conditional Use
Permit for off-sale of beer and wine is the construction of a
2716 square foot building at an existing gasoline station,
located at the northeast corner of the intersection of Rialto
Avenue and Pepper Avenue. The eXistIng cashiers office will
be replaced and the canopy and gasoline pumps will be moved.
The current zoning is C-2, Community Commercial and the
General Plan is General Commercial.
B. ENVIRONMENTAL IMPACT
6. Thi~ project is proposed in an eXisting commercial
location and will not change the current land use. Although
increased traffic is expected, both Rialto Avenue, a
Secondary Street and Pepper Avenue, a Major Street, are four
lane improved streets and are designed to carry the expected
traffic volume.
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8. The site is not within a flood zone as noted on the
Federal Emergency Management Agency flood zone maps.
16. The site is not within a liquafaction susceptibility area
as noted on the Hazards Maps nor a fault zone as noted on the
Alquist-priolo Special Study Zones Map. Both sets of maps
are on file at the Planning Department, City of San
Bernardino.
C. MITIGATION MEASURES
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No mitigation measures are needed.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
AGENDA
ITEM #
LOCATION
CASE Conditional U!=;P.. Pp.rmir
No. 87 45
HEARING DATE 9 22 87
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Today I'm not here to take any part of taking away a man's way to make a living.
We had a very hard time to get the policeMan to show in our parks. We had a lot
of reasons given why they could not cane into our parks. We had daylight break ins
and also sane night problems. Our police' are short on man power.. Fran what I
see in the paper, there is a lot of l'DTley being spent that could be put to use
for MOre officers. For a city of this size, I cannot see spendine 60,000 dollars
for a recall of our mayor. We elected her at a regul?r election. I'd say if we
want her out, lets see what happens at the regular election again.
At the tiMe when I asked our tennants about this petition, I did not know we would
not have a voice in the Stop N Go license as has already been issued. I think owners
of property should not have all the say. We with 20,000 to 35,000 invested in our
mobile homes should have a say in all politics and be able to protect our investments.
too.
This is mostly to get what is going on in our city, and get it on record that we
will now have five liquor licenses in a &11a.1l area, two of which could be 24 hour
service stations. I was told by zoning they could see no problems. I'll say I'd
suggest that they take time to talk to sane residents of the area that live_here n /lll
on a daily basis, n~t just peo Ie who d~ive through the area.IlJ+,_~ ~,
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I want this petit ion to be put on record and be a base if we have problems in this
area, and would also like police time cut on answering calls at all times.
As I said, I do not ask for a refusal at this tirJe of issuing a license to
Mr. Atef.Fakhourv, but that if either Stop n Go or 'AM/PM stations have problems
that action will he taken ~diately.
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I feel the way things have progressed, that we would be showing du,:'rimination
. of one man. The mistake has been made before all things were covered by all.
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