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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Margo Wheeler, Director
Subject: An Ordinance to amend Chapter 19.06 of
the Development Code to modify location criteria
for convenience stores and a request for a
Conditional Use Permit to establish a Type 20
Alcoholic Beverage Control license to permit beer
and wine sales at an automobile service station
convenience store approved for construction at the
northeast corner of Inland Center Drive and "I"
Street (DCA 10-05; CUP 10-14).
Dept: Community Development
Date: January 4, 2011
MCC Date: January 24, 2011
Synopsis of Previous Council Action:
07/06/09 Mayor and Council denied DCA 08-02, CUP 07-04 and TPM 19162, a proposal to
develop an automobile service station and convenience store with a Type 20 ABC
license, a car wash and two drive-thru restaurant pads at the subject site.
08/17/09 Mayor and Council reconsidered the previous action and approved the project with no
ABC license and modified DCA 08-02 to preclude approval of an ABC license.
Recommended Motion:
That the hearing be closed, the ordinance be laid over for final adoption, and that CUP 10-14 be
approved based on the findings of fact and subject to the conditions of approval and standard
requirements in the Planning Commission S_Repo~J(/( ~
Margo Whee er
Contact person:
Terri Rahhal, City Planner
Phone:
3330
Supporting data attached: Staff Report & Ordinance
Ward:
3
FUNDING REQUIREMENTS: Amount: N/A
Source:
Acct. Description:
Finance:
Council Notes:
Agenda Item No. d-;l
~/-,:;J4-dO J I
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
An Ordinance to amend Chapter 19.06 of the Development Code to modify location criteria for
convenience stores and a request for a Conditional Use Permit to establish a Type 20 Alcoholic
Beverage Control license to permit beer and wine sales at an automobile service station
convenience store previously approved for construction at the northeast comer of Inland Center
Drive and "I" Street (DCA 10-05 and CUP 10-14).
Applicant/Owner:
Jack Kofdarali
Inland Center Drive Service Station, L.P.
Representative:
Alicen Wong
Gresham, Savage, Nolan & Tilden, A.P.C.
Background:
The applicant proposes Development Code Amendment (DCA) 10-05 and Conditional Use
Permit (CUP) 10-14 to obtain a Type 20 ABC license for beer and wine sales at the Arco Am/Pm
approved in 2009 for construction at the northeast comer of Inland Center Drive and "I" Street in
the CG-1, Commercial General land use district. The original project proposal consisted of
Tentative Parcel Map (TPM) 19162, a 3-lot subdivision, and CUP 07-04, a proposal to develop a
gas station with a mini market and car wash and Type 20 ABC license and two drive-through
restaurant pads for future development on 2.1 acres. Because the project site is located near
Urbita Elementary School, the project would require amendment of Development Code location
criteria for alcoholic beverage sales in ~19.06.030(2)(B)(1) as well as the location criteria for
conveninece stores in ~19.06.030(F)(4). Both sections contained minimum distances required to
be maintained from schools.
The original project proposal was denied by the Council due to concerns about permitting
alcoholic beverage sales in proximity to Urbita Elementary School. After the project was denied,
the applicant requested reconsideration of the project, revised to omit the ABC license request
and the amendment of alcoholic beverage sales siting criteria in ~19.06.030(2)(B)(1) of the
Development Code. The amendment of ~19.06.030(F)(4) to allow consideration of a
convenience store within 1,000 ft. of a school, subject to site-specific analysis in the CUP review
process, was still needed. Therefore, DCA 08-02 was included in the reconsideration request.
The Council approved the project as modified on August 17, 2009, except that the following
words were added to the modification of ~19.06.030(F)(4): "...only for convenience stores that
do not sell any alcoholic beverages. "
On September 20, 2010, a comprehensive revision of ~19.06.030(2)(B)(1) was adopted as the
Conditional Use Permit - Deemed Approved Alcoholic Beverage Sales Regulations Ordinance,
or "Deemed Approved" Ordinance MC-B3!. The Deemed Approved Ordinance provides for
site specific review of CUP applications for alcoholic beverage sales in proximity to sensitive
land uses, considering feedback from the affected sensitive land uses and the recommendations
of the Police Department, based on public safety considerations. The Deemed Approved
Ordinance allows for the Inland Center Drive project applicant to apply for a CUP to permit an
ABC license. However, DCA 10-05 is required to delete the wording added to
~19.06.030(2)(F)(4) by DCA 08-02, which precludes approval of a convenience store with an
ABC license at the subject site. The Planning Commission Staff Report (Exhibit 2) contains
more detailed background information and analysis of the current proposal.
2
The applicant has agreed to very stringet operational restrictions on the proposed alcoholic
beverage sales, which have been included in a Memorandum of Understanding with the San
Bernardino City Unified School District (SBCUSD) and in the conditions of approval proposed
for CUP 10-14 (See Exhibit 2). These conditions prohibit sales of single servings and limit
advertising of alcoholic beverages. The project will also be subject to the operating standards of
the Deemed Approved Ordinance MC-1331. DCA 10-05 and CUP 10-14 have the support of
SBCUSD, the Valley College Neighborhood Association, the Police Department and the
Planning Commission.
On November 17, 2010, the Planning Commission considered the current proposal and
recommended that the Mayor and Common Council approve DCA 10-05 and CUP 10-14.
Commissioners Calero, Eble, Heasley, Machen, Mulvihill, Rawls and Sauerbrun voted in favor
of the proposal. Commissioner Coute voted no, citing concerns about approving the ABC
license. Commissioner Durr abstained, due to his employment by a competing business.
The owner of a vacant parcel near the site attended the Planning Commission hearing and
submitted a letter to the Planning Commission (Exhibit 3), stating several concerns about the
development potential of her property. The letter concludes by stating that the writer does not
support development of the project site because her property is not afforded the same opportunity
for development. The property referenced in this letter is a parcel of approximately 6,000 sq. ft.,
with no street frontage, which was created in 1983 in violation of the Subdivision Map Act.
Public Hearing:
Notice of the public hearing of this item was mailed to surrounding property owners and was
published in a 118 page advertisement in the San Bernardino County Sun on January 14,2011.
Financial Impact:
None. The applicant paid all processing fees.
Recommendation:
That the hearing be closed, the ordinance be laid over for final adoption, and that CUP 10-14 be
approved based on the findings of fact and subject to the conditions of approval and standard
requirements in the Planning Commission Staff Report.
Attachments:
Exhibit 1 Location Map
Exhibit 2 Planning Commission Statement of Action and Staff Report
Exhibit 3 Letter dated November 6,2010 from Dr. Martha Jo Peters
Exhibit 4 Ordinance
3
II I
LOCATION MAP
EXHIBIT 1
I
PRO.JECT: Conditional Use Permit No. 10-14
1J
NORTH
MAYOR AND COUNCIL HEARING DATE: 1/24/11
CITY OF SAN BERNARDINO
EXHIBIT 2
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
Number:
Development Code Amendment No. 10-05 & Conditional Use Permit
No. 10-15
Owner/Applicant:
Inland Center Dr. Service Station, LP
Description:
A request to amend the Development Code to revise location criteria for
convenience stores with Alcoholic Beverage Control (ABC) licenses; and
a request to establish a Type 20 ABC license for beer and wine sales at the
automobile service station convenience store previously approved for
construction at the northeast comer of Inland Center Drive and "I" Street
in the CG-l, Commercial General land use district.
ACTION:
RECOMMENDED APPROVAL
Meeting Date:
November 17,2010
The Planning Commission recommended approval of Development Code Amendment No. 10-05
and Conditional Use Permit No. 10-14 to the Mayor and Common Council, based on the
Findings of Fact contained in the Staff Report and subject to the Conditions of Approval in
Attachment C, as amended.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Calero, Eble, Heasley, Machen, Mulvihill, Rawls and Sauerbrun
Coute
Durr
None
I hereby certify that this Statement of Official Action accurately reflects the recommendation of
the Planning Commission of the City of San Bernardino.
This item will be referred to the Mayor and Common Council for final action.
~-J!.D
Terri Rahhal, Deputy Director/City Planner
11-)'6--10
Date
cc: Case File, Department File, Plan Check and Land Development
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
C:\SE:
Development Code Amendment No. 10-05
Conditional Use Permit No. 10-14
2
November 17,2010
3
AGENDA ITEM:
HEARING DATE:
WARD:
OWNER! APPLICANT:
Inland Center Dr. Service Station, LP
c/o: Jack Kofdarali
224 South Joy Street
Corona, CA 92879
(951) 280-3833
REPRESENT A TIVE:
Alicen Wong
Gresham, Savage, Nolan & Tilden
550 E. Hospitality Lane, Ste. 300
San Bernardino, CA 92408
(909) 890-4499
REQUESTILOCATION:
A request to amend the Development Code to revise location criteria for convenience stores with
Alcoholic Beverage Control (ABC) licenses; and a request to establish a Type 20 ABC license
for beer and wine sales at the automobile service station convenience store previously approved
for construction at the northeast comer of Inland Center Drive and "I" Street in the CG-l,
Commercial General land use district.
CONSTRAINTS/OVERLA YS:
ENVIRONMENTAL FINDINGS:
Freeway Corridor Overlay District, Area of Potential Ground Subsidence & Liquefaction
[8J Not Subject to CEQA, Section 15061(b)(3)
o Exempt from CEQA
o No Significant Effects
o Potential Effects
STAFF RECOMMENDATION:
[8J Recommend Approval by Mayor and Council
[8J Conditions
o Denial
o Continuance to:
DCA No. 10-05 & CUP No. 10-14
PC Hearing Date: November 17,2010
Page 2
PROJECT DESCRIPTION
Conditional Use Permit (CUP) No. 10-14 is a request for a Type 20 ABC license to sell beer and
wine at a convenience store previously approved for development with an automobile service
station at the northeast comer of Inland Center Drive and "I" Street (Attachment A).
Development Code Amendment (DCA) No. 10-05 is a proposal to revise the location criteria for
convenience stores in 919.06.030(2)(F)( 4), as necessary to approve CUP No. 10-14. The
Development Code restricts development of convenience stores within 1,000 ft. of any K-12
school, and the project site is less than 1,000 ft. from Urbita Elementary School, located at 771 S.
"J" Street. An exception is provided in 919.06.030(2)(F)(4) for consideration on a case-by-case
basis through the CUP review process, but only for convenience stores without alcoholic
beverage sales. DCA No. 10-05 would revise 919.06.030(2)(F)(4) to allow consideration of a
convenience store with or without alcoholic beverage sales, on its merits as a conditional use.
BACKGROUND - ORIGINAL PROPOSAL
CUP No. 07-04 proposed construction of an automobile service station with a 3,820 sq. ft.
convenience store and drive-thru car wash, and two drive-thru restaurant pads on the project site.
Tentative Parcel Map (TPM) No. 19162 was proposed to reconfigure the 2.I-acre site into 3
parcels (Attachment B). CUP No. 07-04 included a request for a Type 20 ABC license and a
DCA to revise ~19.06.030(2)(F)(4), which originally prohibited any convenience store within
1,000 ft. of any K-12 school, and ~ 19.06.030(2)(B)(1), which limited alcoholic beverage sales in
proximity to schools and other sensitive uses.
Permitting alcoholic beverage sales near an elementary school was the major issue of concern in
the original project review. Urbita Elementary School fronts on "J" Street, but the school yard
abuts "I" Street, across the street from the project site. To mitigate concerns about safety and
compatibility, the applicant worked directly with the San Bernardino City Unified School
District (District) and entered into a Memorandum of Understanding (MOU) with the District,
setting the conditions for the District to agree not to object to development of the project,
including alcoholic beverage sales. In the MOU, the applicant agrees to fund a crossing guard
and a safety awareness program for students. Provisions of the MOU related to operation of the
convenience store and restriction of alcoholic beverage sales activities have been incorporated in
the Conditions of Approval (Attachment C). The applicant also met with the Valley College
Neighborhood Association and received its recommendation for approval of the project.
The Planning Commission considered DCA No. 08-02, CUP No. 07-04 and TPM No. 19162 on
April 21, 2009 and recommended denial of the applications on a split vote. Commissioners
Heasley and Sauerbrun voted to recommend approval of the project and Commissioners Coute,
Longville and Mulvihill voted against it. The Planning Commissioners who voted against the
project stated that they favored the development project, and that their decision was based on
incompatibility of the proposed alcoholic beverage sales with the nearby elementary school.
On July 6, 2009, the Mayor and Common Council denied DCA No. 08-02, CUP No. 07-04 and
TPM No. 19 I 62, based on the recommendation of the Planning Commission, and stating similar
reasoning and concerns.
DCA No. 10-05 & CUP No. 10-14
PC Hearing Date: November 17,2010
Page 3
REQUEST FOR RECONSIDERATION
Section 19.52.140 of the Development code provides for an applicant to request reconsideration
of a decision if there are new or additional facts that may affect the original action of the review
authority. The applicant filed a request for reconsideration of the denial of DCA No. 08-02, CUP
No. 07-04 and TPM No. 19162, based on a modification of the DCA to omit revisions to location
criteria for alcoholic beverage sales and a modification of CUP No. 07-04 to omit the request for
a Type 20 ABC license.
On August 17, 2009, the Mayor and Common Council reconsidered the project and approved
DCA No. 08-02 and CUP No. 07-04, as revised, except that DCA No. 08-02 was modified to
specify that the provision for considering approval of convenience stores less than 1,000 ft. from
schools on a case-by-case basis through the CUP review process would not apply to convenience
stores with alcoholic beverage sales. TPM No. 19162 was approved as originally proposed.
CURRENT STATUS OF PROJECT
Construction plans and on-site development plans have been completed and are under review, in
accordance with CUP No. 07-04 and TPM No. 19162, as approved. More than one year has
elapsed since the previous request for a Type 20 ABC license was denied and subsequently
removed from the project submitted for reconsideration. The applicant has submitted the current
CUP application to request the Type 20 ABC license again, in light of recent changes to
alcoholic beverage sales regulations and the specific circumstances of the subject site.
SETTING AND SITE CHARACTERISTICS
The overall project site, 2.1 acres in total area, is still vacant. The parcel of TPM No. 19162
designated for development of the service station and 3,820 sq. ft. convenience store is
approximately 1 acre, and will take access from Inland Center Drive. The following table of
surrounding land use represents uses immediately surrounding the I-acre service station site.
S
d' Zo'
dL dU
urroun IDe nlDe an an se:
Existing Land Use General Plan Designation
Site Vacant CO-I, Commercial Oeneral
North Vacant Parcels IL, Industrial Light
South Inland Center Drive CO-l
(commercial uses on south side)
. East-m-I mV-aeantParcel & 2l5-Freeway IL
West Vacant Restaurant Pad CO-l (on site)
(Urbita Elementary School across "I" St.) (PF, Public Facilities at School Site)
DCA No. 10-05 & CUP No. 10-14
PC Hearing Date: November 17, 20 I 0
Page 4
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed Development Code Amendment and CUP applications are not subject to the
CEQA regulations pursuant to Section 15061 (b )(3) of the CEQA Guidelines, because action on
the applications would not result in a direct or reasonably foreseeable indirect physical change in
the environment. The physical condition of the subject site would not change as a result of the
proposed actions requested to permit alcoholic beverage sales within an approved retail store.
ANAL YSIS
Compliance with the "Deemed Approved" Ordinance No. Me-1331:
When the development of the project site was approved on reconsideration in 2009, the proposed
amendment of ~ 19.06.030(2)(B)(1), which restricted the location of alcoholic beverage sales
within 500 ft. of certain sensitive land uses, including schools, was abandoned. Since then, a
major revision of ~ 19.06.030(2)(B) Alcoholic Beverage Sales has been adopted as MC-1331, the
Conditional Use Permit - Deemed Approved Alcoholic Beverage Sales Regulations Ordinance.
Section III (A) of MC-1331 restricts the location of new alcoholic beverage sales activities to be
separated by at least 500 ft. from a list of sensitive land uses, including schools. However,
Section III (F) of MC-I331 provides for automobile service station convenience stores meeting
all other location criteria for service station convenience stores to be exempt from the location
restrictions in Section III (A), "subject to evaluation of site-specific conditions through the
Conditional Use Permit review process and considering recommendations from the Police
Department." So, subject to approval of the current request to amend ~19.06.030(2)(F)(4) of the
development standards for convenience stores, and the continued support of the Police
Department, CUP No. 10-14 does not conflict with MC-B3!.
DCA No.1 0-05 - Subiect Text of & 19.06.030(2)(F)(4):
The applicant's original proposal to amend Development Code standards for convenience stores
was an added exception to the provisions of ~I9.06.030(2)(F)(4). The following shows the
original text in italics, with the addition proposed by DCA No. 08-02 in underline text:
.f19.0J030(2)(F)(4) Convenience Store - No convenience store shall be located less than
1,000 fiet from an existing or previously approved convenience store, or an existing
elementary, junior high school, or high school, as measured from 1 property line to
another. Service stations that include a convenience store as an ancillary use are not
subject to the 1,000 foot distance restriction from other convenience stores. Exceptions to
the 1.000 foot distance from schools mav be considered on a case bv case basis through
the Conditional Use PerTl1it process. considerinf! mitigatinf! factors of circulation
patterns. security and management plans and subiect to recommendations from the
atftcted school district.
DCA No. 10-05 & CUP No. 10-14
PC Hearing Date: November 17,2010
Page 5
When the Mayor and Common Council approved the service station and related commercial
development of CUP No. 07-04 on reconsideration in 2009, DCA No. 08-02 was approved with
additional language as shown below in double underline text:
fI9.03.030(2)(F)(4) Convenience Store - No convenience store shall be located less than
1,000 feet from an existing or previously approved convenience store, or an existing
elementary, junior high school, or high school, as measured from 1 property line to
another. Service stations that include a convenience store as an ancillary use are not
subject to the 1,000 foot distance restriction from other convenience stores. Exceptions to
the 1,000 foot distance from schools mav be considered on a case bv case basis through
the Conditional Use Permit process, considerinf! mitif!ating factors of circulation
patterns, securitv and management plans and subiect to recommendations trom the
affected school district, onlv for convenience stores that do not sell anv alcoholic
beveraees.
The current application, DCA No. 10-05, is the applicant's request to delete the words added by
the Mayor and Common Council in 2009. This amendment is necessary to permit the applicant's
current request for a Type 20 ABC license, as proposed by CUP No. 10-14. (Attachment D).
DCA No. 10-05 would maintain provisions for site-specific review and discretion in the
consideration of convenience store proposals, while eliminating redundancy between
convenience store regulations in S 19.06.030(2)(F)( 4) and alcoholic beverage sales activity
regulations in S 19.06.030(2)(B)(1). The "Deemed Approved" Ordinance MC-B31 specifically
provides for applications for alcoholic beverage sales at automobile station convenience stores to
be considered on a case-by-case basis under the Conditional Use Permit review process, with
review and recommendations from the Police Department.
School District and Police Department Recommendations:
As noted in the background description of the 2009 project review, the applicant and the District
(SBCUSD) have signed a Memorandum of Understanding (MOU) that sets forth the applicant's
commitments to funding safety awareness training and crossing guard services, as well as
operating standards and restrictions the applicant agrees to abide by, relative to alcoholic
beverage sales. The operating standards and restrictions of the MOU are mirrored in the
Conditions of Approval (Attachment C). The School District recommendation and MOU signed
in 2009 are copied in Attachment E. The applicant is conferring with the SBCUSD legal counsel
to determine if an amendment to the MOU will be required to reaffirm the District position.
The Police Department participated in framing the requirements contained in the SBCUSD MOO
and the Conditions of Approval, and recommended approval of the Type 20 ABC license as
presented in 2009. The site is located in an area of over-concentration of off-sale ABC licenses.
However, the ABC license is essential to viability of the service station, which will provide a
public convenience that is desired by neighborhood residents. Staff has confirmed the continued
support of the Police Department for the current proposal, including the proposed finding of
public convenience or necessity (PCN).
DCA No. 10-05 & CUP No. 10-14
PC Hearing Date: November 17, 2010
Page 6
FINDINGS OF FACT
Development Code Amendment Findings:
1. The proposed amendment is consistent with the General Plan.
The proposed Development Code Amendment would maintain prOVISIOns for site-specific
review and discretion in the consideration of convenience store proposals, while eliminating
redundancy and potential conflict between convenience store regulations in 919.06.030(2)(F)(4)
and alcoholic beverage sales activity regulations in 919.06.030(2)(B)(l). The proposed
amendment would improve the flexibility of site-specific land use planning to achieve a good
balance between land use compatibility, public convenience and public safety, consistent with
the following Goals and Policies of the General Plan:
Goal 2.2: "Promote development that integrates with and minimizes impacts on
surrounding land uses."
Policy 2.2.10: "The protection of the quality of life shall take precedence during the
review of new projects. Accordingly, the City shall utilize its discretion to deny or require
mitigation of projects that result in impacts that outweigh benefits to the public."
Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by
strategic infill of new development and revitalization of existing development."
Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of
development, land use flexibility and customized site development standards shall be
achieved through various master planning devices, such as specific plans, planned
development zoning and creative site planning."
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience or welfare of the City.
The proposed amendment would allow for site-specific project review and land use analysis by
City staff in cooperation with the School District and the Police Department to make
recommendations concerning approval of convenience stores in proximity to schools. The site
specific review process would ensure land use compatibility in each case, and would leave
consideration of alcoholic beverage sales activities for review under the provisions of
~19.06.030(2)(B)(l), recently adopted as the Conditional Use Permit - Deemed Approved
Alcoholic Beverage Sales Regulations Ordinance No. MC-133!. Therefore, the proposed
Development Code Amendment serves the public interest and would not be detrimental to public
health, safety, convenience or general welfare.
DCA No. 10-05 & CUP No. 10-14
PC Hearing Date: November 17, 20 to
Page 7
Conditional Use Permit Findings:
I. 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.
CUP No. 10-14 proposes to add a Type 20 ABC license to the entitlement ofa convenience store
previously approved under CUP No. 07-04. The approved development project complies with all
development standards of the Development Code, specified in g19.06.030(2) for service stations,
convenience stores, and drive-thru restaurants uses as documented in the previous project
approval. The current proposal to add alcoholic beverage sales is conditionally permitted in the
CG-I land use district, but it must rely on approval of Development Code Amendment (DCA)
No. 10-05 for its approval. Subject to approval of the DCA and compliance with the
recommended conditions of approval, the proposal would comply with all applicable provisions
of the Development Code, and would not impair the integrity and character of the subject land
use district.
2. The proposed use is consistent with the General Plan.
Table LU-I of the General Plan describes the CG-I, Commercial General Land use district as
allowing "Local and regional serving retail, personal service, entertainment, office, and related
commercial uses." Policy 2.2.1 requires new development to "ensure compatibility between land
uses and quality design through adherence to the standards and regulations in the Development
Code and policies and guidelines in the Community Design Element." Permitting alcoholic
beverage sales at the subject site as proposed, and subject to the recommended conditions of
approval, will provide a public convenience in a safe manner compatible with surrounding land
uses, consistent with these provisions of the General Plan.
3. The approval of the Conditional Use Permit for the proposed use is in compliance with the
requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030(6)
of the Development Code.
The proposed CUP application is not subject to the CEQA regulations pursuant to Section
15061(b)(3) of the CEQA Guidelines, because approval would not result in a direct or
reasonably foreseeable indirect physical change in the environment. This determination is
consistent with Section 19.20.030(6) of the Development Code.
4. There will be no potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored.
There are no anticipated negative impacts to environmental quality and/or natural resources. The
project site is located in a predominately urbanized area characterized by a variety of compatible
urban land uses. Development of the subject site was approved by a previous entitlement action,
and no physical change to the environment is anticipated to result from the subject application.
DCA No. 10-05 & CUP No. 10-14
PC Hearing Date: November 17,2010
Page 8
5. The location, size, design, and operating characteristics of the proposed use are compatible
'with the existing andfuture 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 o.fthe City.
The proposed use is compatible with the existing and future commercial land uses in the
surrounding area, as well as the development plan previously approved for the subject site. The
proposed application is not expected to have any significant objectionable impact on surrounding
land uses in the vicinity. Subject to compliance with the recommended conditions of approval,
the proposed use will operate in a manner consistent with Development Code standards and the
public interest, health safety, convenience and welfare.
6. The subject site is physically suitable.ftJr the type and density/intensity (?{ use being proposed.
The site contains ample buildable area for the future development that was previously approved.
The additional use of alcoholic beverage sales proposed by this application will have no physical
impact on the project site or the type and density/intensity of development.
7. There are adequate provisions .ftJr public access, water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public health and sq{ety.
There are adequate provisions for public access, public utilities, and public services for the
project site, as confirmed by the previous approval of the site development plan. The additional
use of alcoholic beverage sales proposed by this application will have no physical impact on the
project site. Therefore, there will be no additional impact on public access, water, sanitation or
public utilities that could be detrimental to public health and safety. The recommended
conditions of approval provide measures to ensure that the proposed alcoholic beverage sales in
proximity to a school will not impact public health and safety.
8. Finding o.{ Public Convenience or Necessity
Issuance of the proposed Type 20 ABC license is warranted to support the planned automobile
service station and convenience store, in the interest of public convenience or necessity.
CONCLUSION
The proposed amendment of the Development Code would remove ABC considerations from
S I9.06.030(2)(F)(4) - Convenience Stores, leaving S I 9.06.030(2)(B)(1) - Alcoholic Beverages
to control all ABC matters. The applicant's proposal satisties all Findings of Fact required for
apphYvaI of Development Code Amendment No. 10-05 and Conditional Use Permit No. 10-14,
subject to the recommended Conditions of Approval.
DCA No. 10-05 & CUP No. 10-14
PC Hearing Date: November 17,2010
Page 9
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Development Code
Amendment No. 10-05 and Conditional Use Permit No. 10-14 to the Mayor and Common
Council, based on the Findings of Fact contained in the Staff Report and subject to the
Conditions of Approval in Attachment C.
Respectfully Submitted,
---r'
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. ' /, .b'\
.I,~_,,",-,X/ L....-
Terri Rahhal
Deputy Director/City Planner
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Location Map
Site Plan and Floor Plan
Conditions of Approval
DCA No. 10-05 - Proposed Amendment of Section 19.06.030(2)(F)(4)
San Bernardino City Unified School District Letter and MOU
II. LOCATION MAP
ATTACHMENT A
PROJECT: Conditional Use Permit No. 10-14
t
1J
NORTH
PLANNING COMMISSION HEARING DATE: 11/17/10
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/ (C)Cjty,of SSriBemardino
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IiINmjll"jONlmIiN~"N~~ 111'1 :'r!'I-I~!'-I~ATTACHMENT B
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CUP No. 10-14: Attachment C
PC hearing date: November 17,2010
CONDITIONS OF APPROVAL
Conditional Use Permit (CUP) No. 10-14
1. This approval authorizes the applicant to obtain a Type 20 Alcoholic Beverage Control
(ABC) license allowing the sale of beer and wine for off-site consumption in the
automobile service station convenience store previously permitted by CUP No. 07-04, at
the northeast comer of Inland Center Drive and "I" Street in the CO-1, Commercial
General land use district. This approval is contingent on approval of the concurrent
application Development Code Amendment (DCA) No. 10-05, a proposal to revise
location requirements for convenience stores.
2. Within two years of the effective date of the CUP approval, a Type 20 license shall be
issued by the California Department of Alcoholic Beverage Control (ABC) or the
permit/approval shall become null and void.
Project: Conditional Use Permit No. 10-14
Expiration Date: 2 yn. after effective date of DCA No. 10-05
3. The review authority may, upon application being filed 30 days prior to the expiration
date of CUP No. 10-14 and for good cause, grant a one-time extension not to exceed 12
months. The review authority shall ensure that the project complies with all current
Development Code provisions.
4. In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim, action or proceeding and will cooperate fully in the defense of this
matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the
City of San Bernardino (City), the Economic Development Agency of the City of San
Bernardino (EDA), any departments, agencies, divisions, boards or commission of either
the City or EDA as well as predecessors, successors, assigns, agents, directors, elected
officials, officers, employees, representatives and attorneys of either the City or EDA
from any claim, action or proceeding against any of the foregoing persons or entities.
The applicant further agrees to reimburse the City of any costs and attorneys' fees which
the City may be required by a court to pay as a result of such action, but such
participation shall not relieve applicant of his or her obligation under this condition.
The costs, salaries, and expenses of the City Attorney and employees of his office shall
be considered as "attorneys fees" for the purpose of this condition.
As part of the consideration for issuing this permit, this condition shall remain in effect if---
this Conditional Use Permit is rescinded or revoked, whether or not at the request of
applicant.
5. The project shall comply with the requirements of other outside agencies, as applicable
(e.g. California Department of Alcoholic Beverage Control, County Health Department).
CUP No. 10-14: Attachment C
PC hearing date: November 17,2010
7. Signs are not approved as part of this permit. Prior to establishing any new signs or
replacing existing signs, the applicant shall submit an application and receive approval of
a Sign Permit from the Planning Division. Signs painted on the building are prohibited.
Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit
is obtained. Signslbanners shall not be placed on or over the roof or within landscaped
areas. Signs and banners shall not encroach into the public right-of-way.
8. The facility operator, property owner, and property management shall be responsible for
regular maintenance of the project site. The site shall be maintained in a clean manner
and free of litter and any other undesirable material(s). Loose debris shall be collected on
a daily basis and the site shall be secured from unauthorized entry and removal of
materials when attendants are not present. Vandalism, graffiti, trash and other debris shall
be removed and cleaned up within 24 hours.
9. The applicant or property owner shall be responsible for posting of signs prohibiting litter
and loitering. Management shall be responsible for enforcing this provision and
maintaining the area free of litter and graffiti, within 24 hours of the occurrence.
10. The applicant or property owner shall be responsible for posting of signs prohibiting
drinking on the premises as stated in San Bernardino Municipal Code chapter 9.32,
Section 9.32.020.
11. Any public telephones shall be located inside the building(s) and shall be fixed for
outgoing calls only.
12. Automatic teller machines, if provided, shall be located inside the building( s).
13. Video games shall not be installed or operated on the premises of the convenience store.
*Conditions agreed upon by the applicant and the San Bernardino City Unified
School District to mitigate potential conflicts with Urbita Elementary School:
14. *Hours of alcoholic beverage sales shall be restricted to 9:00 a.m. to midnight on
weekdays, and 9:00 a.m. to I :00 a.m. on weekends.
15. *Single alcoholic beverage sales shall be prohibited. Beer and malt beverage sales in
quarts, 22-ounce, 32-ounce, 40-ounce or similar sized single containers are prohibited.
16. *No malt beverage products shall be sold, regardless of individual container size, in
quantities of less than SIX per sale, except that malt based coolers may be carried and sold
in factory packaged 4-packs.
17. *Wine shall not be sold in bottles or containers smaller than 750 ml and wine coolers, beer
coolers shall only be sold in manufacturer pre-packaged multi-unit quantities.
18. * Alcoholic beverage sales shall be limited to beer and wine only, with no distilled spirits.
CUP No. 10-14: Attachment C
PC hearing date: November 17, 2010
19. *No alcoholic beverages shall be sold to any person while such person is in a motor
vehicle.
20. *No cups, glasses or similar receptacles commonly used for the drinking of beverages
other than fountain drinks shall be sold, furnished or given away on the premises in
quantities ofless than twenty-four, in their original multi-container packages.
21. * All ice shall be sold at or about prevailing prices in the area and in quantities of not less
than two pounds per sale and shall not be given away.
22. * Alcohol-related advertising at the fuel islands shall be prohibited.
23. *No illuminated (i.e. neon) alcoholic beverage advertising shall be placed in the windows
or on the storefront.
24. *No beer or wine shall be sold from ice tubs.
25. *No beer or wine shall be displayed within five feet of the cash register or the front door,
unless it is in a permanently affixed cooler.
26. *Beer-wine cooler doors shall be locked during non-sale hours for alcoholic beverages.
27. *The sale or delivery of alcoholic beverages shall be made only to persons who are within
the (ABC) licensed premises, and not through a pass-out window or a slide out tray to the
exterior of the premises.
28. * Alcoholic beverages shall be sold only from an enclosed structure, licensed by the state
Department of Alcoholic Beverage Control, as provided in section 24040 of the
California Business and Professions Code.
29. * Alcoholic beverages offered for sale at the (ABC) licensed premises shall be displayed
and available for convenient inspection and purchase within the premises by the general
public.
30. *No wine shall be sold with an alcohol content of greater than 15% by volume, except for
"Dinner Wines" which have been aged two or more years and maintained in corked
bottles.
31. *The possession of alcoholic beverages in open containers or the consumption of
alcoholic beverages on the premises shall be prohibited.
32. * All employees selling alcoholic beverages shall receive training.
33. *Employees on duty between the hours of 10:00 p.m. and 1 :00 a.m. who sell beer and
wine shall be at least 21 years of age.
CUP No. 10-14: Attachment C
PC hearing date: November 17, 2010
34. *No clerk shall make any sale of alcoholic beverages unless the clerk executes under
penalty of peIjury on the first day he or she makes that sale an application and
acknowledgment of these conditions of approval. The acknowledgment shall be in a form
understandable to the clerk.
35. *The applicant or property owner shall post and maintain professional quality signage
prohibiting loitering and open alcoholic beverage containers on the premises.
36. * A sign shall be posted in the storefront window to state that the cash register contains
$50.00 or less in cash and that the drop safe is not accessible to employees.
37. *The applicant or property owner shall post signs in English and in the predominant
language of the facility's clientele, stating that California law prohibits the sale of
alcoholic beverages to persons who are under the age of twenty-one years, and that no
such sales will be made.
38. *Signs or other advertising matter used in connection with the site licensed for alcoholic
beverage sales shall not be obnoxious, gaudy, blatant or offensive, and shall in no manner
obstruct the view of the interior of the premises from the street.
39. *No more than 25% of windows or clear doors shall bear advertising of any sort, and all
advertising signage shall be placed and maintained in a manner that ensures that law
enforcement personnel have a clear and unobstructed view of the interior of the premises,
including the area in which the cash registers are maintained, from the exterior public
sidewalk or entrance.
40. *Sales of adult material, including but not limited to magazines, videotapes, DVD and/or
films, shall be prohibited.
41. *Video games, and/or coin operated machines shall not be installed or operated.
42. *No benches, newspaper racks, or other objects that tend to encourage loitering shall be
maintained on the premises.
43. *The parking lot of the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or
about the parking lot. Additionally, the position of such lighting shall not disturb the
normal privacy and use of any neighboring residences.
44. *Video cameras shall be mounted inside the premises in such a position as to be visible to
patrons, yet not accessible by reach.
UEnd of Attachment CU
ATTACHMENT D
COMMERCIAL DISTRICTS - 19.06
19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
...............................................................................
2. LAND USE DISTRICT SPECIFIC STANDARDS
In addition to the general dev~lopment requirements contained in Chapter 19.20 (Property
Development Standards), the following standards shall apply to specific commercial land
use districts. (See Table 06.03 on previous page.) For residential uses in commercial land
use districts, see Table 4.03 and the standards contained in Chapter 19.04.030(2).
******************************************************************************
F. CONVENIENCE STORES
The retail sale of groceries, staples, sundry items and/or alcoholic beverages
where the gross floor area is less than 5,000 square feet is subject to Conditional
Use Permit review, and shall be constructed and operated in the following
manner:
1. The minimum site area shall be 10,000 square feet.
2. The site shall have direct frontage along a major or secondary street. The site
shall not have direct access on a local residential street.
3. One access drive may be permitted for each street frontage. The design and
location of the access drive(s) shall be subject to the approval of the DRC.
4. No convenience store shall be located less than 1,000 feet from an existing
or previously approved convenience store, or an existing elementary,
junior high school, or high school, as measured from 1 property line to
another. Service stations that include a convenience store as an ancillary
use are not subject to the 1,000 foot distance restriction from other
convenience stores. Exceptions to the 1.000 foot distance from schools
may be considered on a case bv case basis through the Conditional Use
Permit process. considering mitigating factors of circulation patterns.
security and management plans and subject to recommendations from the
affected school district. oBlv for eOB','emeBee stores that do Bat sell any
aleoholie beverages. (Added 9/8/09) (Proposed for deletion)
5. All on-site lighting shall be energy efficient. stationary and directed H(iway
from adjoiRiRg properties and public rights-of-way.
6. All on-site signage shall comply with the provisions of Chapter 19.22 (Sign
Standards).
II-59
COMMERCIAL DISTRICTS - 19.06
7. All landscaping shall be installed and permanently maintained pursuant to
the provisions of Chapter 19.28 (Landscaping Standards).
8. All on-site parking shall comply with the provisions of Chapter 19.24 (Off-
Street Parking Standards). A parking plan shall be developed as part of the
permit review process.
9. The premises shall be kept in a neat and orderly condition at all times.
10. Every parcel with a structure shall have a trash receptacle on the premises.
The trash receptacle shall comply with adopted Public Works Department
standards and be of sufficient size to accommodate the trash generated. The
receptacle(s) shall be screened from public view on at least 3 sides by a solid
wall 6 feet in height and on the fourth side by a solid gate not less than 5 feet
in height. The gate shall be maintained in working order and shall remain
closed except when in use. The wall and gate shall be architecturally
compatible with the surrounding structures.
11. If on-site dispensing of automotive fuels is provided, the design, location
and operation of these facilities shall be consistent with the provisions of
Section 19.06.030(2)(O)(Service Station Standards). Additionally, the
cashier location shall provide direct visual access to the pump islands and
the vehicles parked adjacent to the islands.
12. A bicycle rack shall be installed in a convenient location visible from the
inside of the store.
13. Each convenience store shall provide a public restroom located within the
store.
14. Public pay telephones provided on-site shall not be set up for incoming calls.
Public telephones shall be featured with callout service only.
15. On-site video games shall not be installed or operated on the premises.
16. A convenience store adjacent to any residentially designated district shall
have a 6 foot high decorative masonry wall along property lines adjacent to
such districts.
17. All parking, loading, circulation aisles, and pump island bay areas shall be
constructed with (PCC) concrete.
11-60
.~
;.'-.'.~~-",.....
ATTACHMENT E
....
SAN BERNARDINO CIlY
UNIAED SCHOOL DISTRICT
(UPDATED ATrACHMENT E DISTRIBUTE:
TO THE PLANNING COMMISSION 4121~
Arturo Delgado, Ed.D.
So rintendent
John A. Peukert, Assistant Superintendent. FaciitleslOperaUons
Aprill? 2009
Terri RahbaJ, City Planner
City of SID Bernardino
300 North D Street
San Be:mardino, CA 92418
RE: Waiver of any Objections to the Conditional Use Permit No. 07-04
Dear Ms. Rahha1:
The Saa BemardiDo City Unified Scbool District ("DISTRlCI'j hereby waives myobjcctioaa to the
approval of tile Conditional Ute Permit ("CUP' No. 01..04 being issued to the INLAND CENTER
DRIVE SERVICE ST AnON ("OWNERj. The DlSTRlcr ha beeD iDfonned by 1he City ofSla
Bernardino \CITY") that the Thirty-one (31) seif-impae6d coaditions. herem '~chcd. will be made
pIIt of the CITY's requiraneat for the IpIm)VaJ oftbe cup. Any adioa(.) tIbm contrary to Ibis
understmfiDg sbaIJ require notifiCltion and sublequeat approval of the DISTRICI'.
The DISTRICT has eaterecI into . Mamormdum ofUndentaodin. ("MOU") with the OWNER.. The
aforcmeDtioaed MOU deJiDe8teI the DISmCJ". apecr.doas of Ibe OWNER. ad aI80 iDclDdea the
OWNER', self..impoeed CODdifiOlJl. The DJSTRlCT IaCrVClI the risht to request JWVOCItioD of tile CUP
by the CrIY if the tmns and aelf-i1upoaed conditions in the MOU are DOt met by Ihe OWNER.
Enclosed herein is a copy of the MOU.
rf you have my questiOlll or need additiODal infomwioa, please do not hesitate to contact me It
WaeJ.Elatarlalsbcusd.com.:. or (909) 388-6107.
ro:--
Wad Elatar
F aciJities Administrator
Faalities Management and Maintenance & Operations Department
Enclosures
FAOllllES MANAGeMENT DEPARTMENT
m North F Street · SIn 8emIrdIno, CA 92410 . (909) 388-6107. Fax (909) 88S-ot218
Wlel.EleblrOsbcusd.cont
COfItTllct No. 08109-784-0027 POA
-
MEMORANDUM OF UNDERSTANDING
For CONDITIONAL USE PERMIT OF' AReo AMIPM GAS STATION
J. Parties. The Memorandum of Understanding is by and between the INLAND
CENTER DRIVE SERVICE STATION (hereinafter "OWNER''). and SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT (hereinafter ..DISTRICT).
2. Effective Date. Effective April IS, 2009, the OWNER and DISTRICT, hereby
mutually promise and ape as stated herein.
J. Purpo.e. This Memorandum of Understanding (hereinafter "MOU") delineates
the stipulations and conditiOl15 for the Conditional Use Permit No. 07-04
(hereinafter "CUP'") orthe AJco.AMlPM Oas Station (hereinafter ..Property'") ~na
proposed to be built on the east side of I Street at the NEe Inland Center Drive, San
Bernardino, California.
4. Te..... This MOU is effective from April 15, 2009 and continues unless
terminated with or without cause by the DISTRICT with a minimum of sixty (60)
days written notice.
S. Restricdouaad Coadfdon.. M. principal condition for approval of tile CUP by
the DlSTR.JCT, the OWNER 18JeeS to work cooperatively to review and abide with
these self-imposed restr'ictiona. DISTRICT stipulations and conditions IS delCJibed
below.
I. ALCOHOL RESTRICTIONS:
a. Sales and service of alcoholic beverqes ~I' be permitted only between
the hours of 9:00 Lm. and 12:00 midnight on weekdays and 9:00 Lm.
through 1:00 a.m. on weekends.
b. Single sales of alcohol are prohibited. The sale of beer or malt bevaap
in qlalltities of quarts. 22-ounce, .l2-ounce, 4O-ounce or similar sizes are
.wg aJlowed.
c. No malt beveraae products shall be sold. regardless of individual
container size. in quantities of less than six per sale, except that malt
based coolCT!l may be camed and sold in factory packaged 4 packs.
d. Wine shall not be sold in bottJes or containers smaUer than 750 ml and
wine-coolers,-beercoolm; must be sold in manuticttJrerpre..pacliijjeO---
multi-unit quantities.
e. Alcoholic beverage sales shall be limited to beer and wine only with no
distilled spirits sold.
f. No alcoholic ~~rases shall be sold to any person while !;uch pcr90n ~
in a motor vehicle.
MOl. ror An:o Gas Station
PIF lo{6
~t,'..: ..~. :.::. ,';1 '.
,,.;'- . '.".
Memorandum of UndL'r.i1anui"!t
SBC'USD and SBMWO
Conb'act No. 08109-714-0027 POA
g. nere shall be no cups, glasses, or similar receptacles commonly used
for the drinking of beverages. except for fountain drinks, shall he sold,
furnished or given away at the OWNER's premises in quantities ofless
than twenty. four in thejr origina' multi-container package.
h. All ice shall be sold at or about prevailing prices in the area and in
quantities of not less than 2 pounds per saJe and shaU not be given away.
i. No display of any aJcohol-related advertising at the fuel islands.
j. No iUuminated (i.e. neon) aJcohol advertising will be located in the
windows or on the storefront.
k. No beer or wine wiJJ be sold &om ice tubs.
1. No beer and wine wiU be displayed within five feet of the cash register
or the front door, unJess. it is in a permanently affixed cooler. Beer/wine
cooler doors are to be locked during non.sale hours.
m. The sale and deUvery of alcoholic beveraaes shaJl be made only to
persons who are wi thin tbc licensed pranises, lUId not through a pus.-out
window or a siide out tray to the exterior of the premises.
n. There should be maintained upon the drive--in premises. a building or
other suitable enclosed structure to be licensed II provided in Section
24040 of the Alcoholic Beverage Control (hereinafter "ABC") Act, and
aU sales of alcoholic beverages shan be mlde from within the licensed
enclosure.
o. Alcoholic beverqes offered for sale at the licensed premises shall be
displayed 8Dd available for convenient inspectiOD and pun::hase within
the premises by the general public:.
p. No wine shall be sold with an alcoholic beveraae content of greater than
15% by volume except for "Dinner wines" which have been aged two or
more years and maintained in corked bottles.
q. The POssession of alcoholic: beverages in open containers or the
consumption of aJcoholic beverages is prohibited the premises.
.-
r. Mandatory training of all employees selling aJcoholic beverages.
Employees on duty between the hours of 10 p.m. and J:OO a.m. who sell
beer and wine shall be at least 2 J years of sae.
s. No clerk shall make an off saJe of alcoholic beverages unless the clerk
executes under penalty or perjury on Ihe first day he or she makes that
\
MOU for Arco Ga SID/ion
Page 2 of 6
M\."mOl1lnclum of IIndtrslllndin,
SI)C'USL') IlIld SBMWD
CDnrrac:t No. 08/09.784-0027 POA
sale an application and acknowledgement The application and
acknowledgement shall be in a fonn understandable to the clerk.
II. SKlliS
a. Post and maintain a professional quality sign stating "No loitering is
allowed on or in nont of these premises." i'
b. Post and maintain a professional quality sian stating "No open alcoholic
beverap containers are allowed on these premises."
c. Post. sian in the window to identitY that the cash register contains
S50.00 or less in cash and the drop safe is not accessible to employees.
d. Post in EnaJish and in the predominlnt Jmeuaee of the facility's
clientele, . nodce which shan be placed therein that California State law
prohibits the sale of aJcohoHc beverages to persons who are under the
age of twenty ..one (2J) years and no such sales will be made.
c. Sips or other advatisina matter used in connection with the licensed
premises of OWNER. or alcoholic beverages shall not be of my
obnoxious, pud)'. blatant, or oft"en.sive nature and shaJJ in no manner be
contrary to the rules of the ABC. nor obsauct the view of the interior of
the pmnises from the street.
f. OWNER shall en&we no more than 33 percent of the sqUIre footaae of
the windowslDd clear doors of.. off-ute premise shall bear advertisinS
or sips of any 1011. All advertisina and MIMIC shall be piKed lad
maintained in a manner that eusures tbaa law enfon:ement personaeJ
have . clear and unobstructed view of the interior of the premi_
includina the area in wbich Ihe cash registers are nudntlined. &om the
exterior public sidewalk or entrance.
m. PROHIBmON OF ADULT MA TERJALS OR VIDEO MACHINES
a. Then: shall no sale or rental of any adult mapzines. videos, tapes. discs
or films.
b. There shall be no coin-operated games or video machines maintained on
the premises.
IV. MAINTENANCE OF PREMISES
a. No benches, newspaper racks, bicycle racks or any other objects that
tend to encourage loitering shall be maintained on the premises.
b. The puking lot of the premises shall be equipped with lighting of
sufficient power 10 i1Jwninate and make easily discernible the
appearance and conduct of all penons on or about the perkin, fot.
MOU (or ^IUI 081 SlIItioo P1Iac 3 of 6
Memorandulll of llnd~rstllndinl
SBCUSO 8nd SBMWD
Canrract No. 08109.714..()()27 POA
Additionally, the position of such lighting shan not disturb the nonnal
privacy and use of any neighborin, residences.
c. Upon request of the San Bernardino Police Department or other locaJ
law enforcement agencies or at the discretion of the CITY. each public
telephone located 011 the pmnises (or located in an adjacent area under
the controJ of the OWNER) shall be equipped with devices or
mechanisms that prevent persons from caJJina into that public telephone.
d. Video cameras shall be mounted inside the pn:mises in such a posjtion
as to be visible to patrons yer not accessible by reach.
e. Litter shaJJ be removed daily from the premises, includins adjacent
public sidewalks and aU parking .veas under the control of the OWNER.
f. Any graffiti pain1ed or marked lIpon the premises shall be remOved or
painted over within 72 hours of discovery thereof.
6. Other Lqi.'ations. In addition to the conditions and restricted contained
berein. the OWNER shaU aJso abide by the regulations and laws of other State and
JoeaJ IFncies with jurisdiction over the Property. including but not limited to, the
AlcohoJic and Beverage Control Boanf, City of San Bernardino and the County of
San Bernardino.
7. CODseqleJIces of Noa..compllaaee. The partla agree that the implementation of
lbe conditions as staled hereinabove illUl intcpaJ pert ofthc CUP m:I the
continuation thereafter. Therefore, where the OWNER fails to comply with the
conditions. the foUowing actions IQI)' be taken:
a) The CITY may revoke the CUP upon reasonable time and
allowance to OWNER to remedy the situation.
b) The orSTRJCT reserves the right to request the revocation oftlle
cup by the CITY when the conditions are not being met.
I. Tran.fer to New Owaer(s). The CUP is concurrent willi the property. A
chanae in ownership shaJJ not affect the conditions. The conditions, terms and
provisions oftltis MOU are transferable and shall apply to any new owner(s) or
licensee of the property.
9. Payment of Croaa'nl Guard. The OWNER agrees to pay to the DISTRICT the
sum of Two Thousand Five Hundred Dollars ($2,500) per year for 10 years.
effective the year fOllOwing the OCCUpancy date of the Gas Station. The payment
shaJJ be used to mitigate the traffic issues and address students' safety due to the
traffle escalation as a result of the construction ofrhe Gu Station.
-
to. One-Time Donatioa. OWNER shall make a one.time donation of Fi\le
Thousand DoUars (S5.000) to Urbll8 Elementary School to promote student safety
programs.
,
MOll (or AmI GIs SlDlim
Page .. of 6
Mc:mtl!';lndum flf I rm.ltrsllllldillll
SBCUSD and SBMWO
Contl1lCl No. 08/09-784-0027 POA
J 1. MilCellaDeou. Provi.io....
The followina shall be made part ofmis MOU:
a. Amendment of this MOU. No supplement, modification. or amendment of this
MOU shall be binding unless executed in writing by the panics hereto. No
waiver of any of the provisions of this MOU shalJ operate as a waiver of any
other provisions (whether or not similar), nor shall such waiver constitute .
continuing waiver. Except as speclfteally provided in this MOU, no failure to
exercise or any delay in exercising any right or remedy shaH constitute a waiver.
b. AssilZlllJlCnt: BindinR Effect. Neilhcr this MOU nor any of the rights or
obliptions hereunder may be assiped by either party bereto without the prior
written consent ofme other plrties; except that the OWNER may, witho.. such
consent, assip all such riahts IUId obliaations to a stlCttSSOJ' in interest to the
Ploperty which lSSUIIles alJ obligations of the OWNER under this MOU.
Notwithstandilll the foregoing, this MOU shall be binding upon and inure to the
benefit of and he en!oreeable by ad against the parties hereto and the
OWNER's SUCc:essoll (includinglDY direct or indirect successor by purchase,
mClJer, consolidation. or otbcrwile to aU or substantially aU of tile businc:ss
and/or assecs of tile OWNER) and usi8M.... well as OWNER's spouses. heirs,
and penonaI and legal representatives.
C. Severability and Construction. N0thin8 in dU, MOU is intended to "'Quire or
shall be construed as requirinS the OWNER to do or fail to do an)' act in
violation ofapplic::able law. The OWNER's inebiJity. pwsuant to a coun order,
to perform its obligations under thi. MOU shall not constitute a breach of this
MOU. In addition, if...y portion of this MOU shall be held by. court of
competent juriecHcdon to be invalid, void, or otherwise unenforceable, the
remaining provisions sJaU mnain enforceable to the fullest extent permitted by
applicable law. The pertia hereto ackDowtedae that they each have
opportunities to have their retpectiw: counsels review thi. MOU. AccordiDsJ)',
this MOU shall be deemed to be the product ofboth oflhe pll'tics h=to, and no
ambipity shaJJ be construed in favor of or against either of the parties hereto.
d. Countemlrts. This MOU IDlY be executed in two counterparts. both of which
taken together shall constinne one insarument.
e. GowminR Law. This MOU and all &CIS and transactions pursuant hereto and the
rights and obJiptions oCtile parties hereto shaJJ be aoverned. construed and
interpreted in acc:ordancc with the raws of the State ofCalifomia.. without
giving effect to conflicts of Jaw provisions thereof.
f. Notices. All notices, demandJ, and other communications required or pennined
under this MOU shall be made in writing and shall be deemed to have been dul)'
given if deHvered by hand. apinst ~jpt, or mailed, posta&c prepaid, certified
or reatsterect mail, return receipt requested, and addressed to the OWNER at:
Mot; fOt Ami ('JlIS SlItiOll
Paae S of6
M\'Il1OrHndllm ur I 'ndcm:mdin,
SBC'USO lIIId SDMWD
Cnntract No. 08109-184-0027 POA
Infand Center Drive Service Station, LP
224 S. Joy Street
Corona, CA 92879
Phone: (951) 280-3833 fax: (951) 280-3832
Attention: Hagop Kofdarali
and to DISTRICT at:
San Bernardino City Unified School District
777 N. F Street
San Bernardino, CA 92410
Phone: (909) 381-1238 Fax: (909) 885-4218
Attention: Wael EJataT, Facilities Administrator
12. E.dre AIPne.ev. This MOU constitutes the entire .,reement and supersedes all prior
agreemerlulDd undentandings, both written and oral, between the parties with respect to the
subject matter hereof.
OWNER
INLAND CENTER DRIVE SERVICE
STATlON,LP
7~~~"
Signature
/410, Ifff,ttlli, !Meld /Ullef
Name Title
1//;..r/u9
Date
ao.d DaIc. 417fr19
MOU I'or Arco Gas Station
Pal' 6 0"
DISTRICT
SAN BERNARDINO CITY UND'IED
f[4:~a
-,Jlzu
S re
Koh-.d Z. IeI.., Chief Budne.. 6
Name and Title Finucial Officer
\{ ,.. 2-/ -0 ~
Date
EXHIBIT 3
~@~IiI~~
~ '\"'\1' ~ 1.~\~ 0
'\'..1 . \f'-~Ol~
e,t:'?-i' 'ICE.S
r Sf'-I'I :\ SE.,?-\I
C\"'! 0 O?~\t:.~ ~E.~\
QE.\JE.L \)t:.?P,~\
Dr. Martha JO Peters, President
Queens World Properties Inc.
28861 Del Monte Dr.
Sun City, Ca. 92586
November 6,2010
Planning Division
City Hall
300 North 0 Street
San Bernardino, CA. 92418
Re: Proposed development at the northeast corner of Inland Center
Drive and I Street
(Development Code Amendment no 10-05 and Conditional Use
Permit no. 10-14
I am writing to voice my concerns over the development plan for the
lots on this site. The construction of an auto service station with beer
and wine sales has the potential to harm the value and use of my lot,
which is adjacent to this proposed development. I own the lot, parcel
# 0141-92-28-000, which is a small lot that was originally zoned
residential. It was changed several times and is now designated
Industrial Light, with very few options allowable under that zonirig.
The surrounding properties, with the exception of one in front of mine,
are all commercial zoned. There is Alice's Restaurant and the
Starving Students Moving Company on one side of my lot, and a lot
owned by the Edison company and this proposed development
enterprise on the other side. These are all zoned commercial. My
small lot is an island in the center of all this and does not even meet
the required size for the current industrial light zone imposed on it. In
my view, my lot should conform to the surrounding commercial
character and should have been required to be purchased by the
developer now proposing to put in a gas station. The presence of a
gas station with the requisite auto traffic and liquor sales will without a
doubt cause trespassing on my lot by users of the station and also
intransigent use by those derelicts who have already at times slept
under the trees to the rear and on the lot behind my parcel. To leave
my parcel in such a no-man's land is to threaten its value and its use.
I am registering also the complaint that Valerie Ross, the director of
planning for the city, imposed a "no permit" order on my parcel for
over a year with neither justification nor notice to me, during a time
when I was attempting to market the lot. Such arrogant actions that
violate property owners' rights seems too typical of the behavior of
the leadership in both the city and county of San Bernardino. There is
scarcely a day that passes without newspaper headlines of yet
another San Bernardino official who has been investigated, indicted
or arrested for fraud or criminal behavior.
As it stands now, the proposed development presents an uncertainty
to me and my parcel: it may in fact have a seriously negative impact
on my parcel and on my use and value in it. During the recent
freeway expansion, there was repeated trespassing onto my property
by the city, state, and county workers. They parked vehicles on my
property, drove across it on a daily basis, and dumped piles of rock
onto it. I videotaped such a trespass one day when I arrived at the lot
to check it.
With this new development beside my lot, this kind of problem will
likely continue, to the detriment of my property. I cannot support such
a development while my parcel languishes and is abused
continuously while at the same time unjustly zoned and denied the
same level of development.
Martha JO Peters ~~ J tk--...
copies: attorney I files
-Add tll C...AtutS:
ORDINANCE NO.
1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
2 CHAPTER 19.06, COMMERCIAL DISTRICTS, SECTION 19.06.030(2)(F)(4) OF THE
3 SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY
LOCATION CRITERIA FOR CONVENIENCE STORES.
4
5
6
7
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.06, Section 19.06.030(2)(F)(4) relating to location criteria for
convenience stores is amended as shown in Attachment 1 attached hereto and incorporated
8
9
10
herein by reference.
SECTION 2. Severability. In the event that any provision of this Ordinance, or any part
11 thereof, or any application thereof to any person or circumstance, is for any reason held to be
12
13
14
15
unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its
face or as applied, such holding shall not affect the validity or effectiveness of any of the
remaining provisions of this Ordinance, or any part thereof, or any application thereof to any
person or circumstance or of said provision as applied to any other person or circumstance. It is
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17
18
19 IIII
20 IIII
21 IIII
22
23
24
25
26
27
28
hereby declared to be the legislative intent of the City that this Ordinance would have been
adopted had such unconstitutional, invalid, or ineffective provisions not been included herein.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
1 CHAPTER 19.06, COMMERCIAL DISTRICTS, SECTION 19.06.030(2)(F)(4) OF THE
2 SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY
LOCATION CRITERIA FOR CONVENIENCE STORES.
3
4
5
6
7 Council Members:
8
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
meeting thereof, held
Common Council of the City of San Bernardino at a
on the
day of
, 2011, by the following vote to wit:
ABSENT
ABSTAIN
NAYS
AYES
MARQUEZ
9 DESJARDINS
10 BRINKER
11
12
13
14
15
16
17
18
19
20
21
22
SHORETT
KELLEY
JOHNSON
MC CAMMACK
City Clerk
,2011.
The foregoing ordinance is hereby approved this _day of
PATRICKJ. MORRIS, Mayor
City of San Bernardino
Approved as to form:
23
24
25
26
III
27 II
28
JAMES F. PENMAN
City A orney
V
By: ;t,"Y'''~ /- .10i-1/l~---
ATTACHMENT 1
COMMERCIAL DISTRICTS - 19.06
19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
...............................................................................
2. LAND USE DISTRICT SPECIFIC STANDARDS
In addition to the general development requirements contained in Chapter 19.20 (Property
Development Standards), the following standards shall apply to specific commercial land
use districts. (See Table 06.03 on previous page.) For residential uses in commercial land
use districts, see Table 4.03 and the standards contained in Chapter 19.04.030(2).
******************************************************************************
F. CONVENIENCE STORES
The retail sale of groceries, staples, sundry items and/or alcoholic beverages
where the gross floor area is less than 5,000 square feet is subject to Conditional
Use Permit review, and shall be constructed and operated in the following
manner:
1. The minimum site area shall be 10,000 square feet.
2. The site shall have direct frontage along a major or secondary street. The site
shall not have direct access on a local residential street.
3. One access drive may be permitted for each street frontage. The design and
location of the access drive(s) shall be subject to the approval of the DRC.
4. No convenience store shall be located less than 1,000 feet from an existing
or previously approved convenience store, or an existing elementary,
junior high school, or high school, as measured from 1 property line to
another. Service stations that include a convenience store as an ancillary
use are not subject to the 1,000 foot distance restriction from other
convenience stores. Exceptions to the 1,000 foot distance from schools
may be considered on a case by case basis through the Conditional Use
Permit process, considering mitigating factors of circulation patterns,
security and management plans and subject to recommendations from the
affected school district, only for convenience stores that do not sell any
alcoholic beverages. MC 9633/18/96, MC 1210 7/5/06, MC 1312,9/8/09
5. All on-site lighting shall be energy efficient, stationary and directed away
from adjoining properties and public rights-of-way.
6. All on-site signage shall comply with the provisions of Chapter 19.22 (Sign
Standards).
II-59
ATTACHMENT 1
COMMERCIAL DISTRICTS - 19.06
7. All landscaping shall be installed and permanently maintained pursuant to
the provisions of Chapter 19.28 (Landscaping Standards).
8. All on-site parking shall comply with the provisions of Chapter 19.24 (Off-
Street Parking Standards). A parking plarl shall be developed as part of the
permit review process.
9. The premises shall be kept in a neat and orderly condition at all times.
10. Every parcel with a structure shall have a trash receptacle on the premises.
The trash receptacle shall comply with adopted Public Works Department
standards and be of sufficient size to accommodate the trash generated. The
receptacle(s) shall be screened from public view on at least 3 sides by a solid
wall 6 feet in height and on the fourth side by a solid gate not less than 5 feet
in height. The gate shall be maintained in working order and shall remain
closed except when in use. The wall and gate shall be architecturally
compatible with the surrounding structures.
11. If on-site dispensing of automotive fuels is provided, the design, location
and operation of these facilities shall be consistent with the provisions of
Section 19.06.030(2)(O)(Service Station Standards). Additionally, the
cashier location shall provide direct visual access to the pump islands and
the vehicles parked adjacent to the islands.
12. A bicycle rack shall be installed in a convenient location visible from the
inside of the store.
13. Each convenience store shall provide a public restroom located within the
store.
14. Public pay telephones provided on-site shall not be set up for incoming calls.
Public telephones shall be featured with call out service only.
15. On-site video games shall not be installed or operated on the premises.
16. A convenience store adjacent to any residentially designated district shall
have a 6 foot high decorative masonry wall along property lines adjacent to
such districts.
17. All parking, loading, circulation aisles, and pump island bay areas shall be
constructed with (PCC) concrete.
11-60