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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
Date: June 6, 20 II
Subject: An ordinance of the City of San
Bernardino amending Development Code Chapter
19.06 (Conunercial Districts) Section 19.06.030
(2)(T)(1) to allow 3 service stations at an
intersection where only 2 are currently allowed,
provided that at least one is an alternative fuel
service station.
From: M. Margo Wheeler, Director
Dept: Community Development
MCC Date: June 20, 2011
Synopsis of Previous Council Action:
None
Recommended Motion:
That the hearing be closed and said ordinance be laid over for final adoption.
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/ \ M: Margo Wheeler, AICP
Contact Person: Aron Liang, Senior Planner
Phone: 3332
Supporting data attached:
Staff Report
Ward(s): City-wide
FUNDING REQUIREMENTS:
Amount: NI A
Source:
Acct. Description:
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: An ordinance of the City of San Bernardino amending Development Code Chapter
19.06 (Commercial Districts) Section 19.06.030 (2)(T)(I) to allow 3 service stations at an
intersection where only 2 are currently allowed, provided that at least one is an alternative fuel
service station. (Development Code Amendment No. 11-04)
Applicant:
Screen Land Development
C/O: Jian Torkan
4221 Wilshire Blvd. Suite 240
Los Angeles, CA 90010
Background: On May 2S, 2011, the Planning Commission recommended that the Mayor and
Common Council approve Development Code Amendment No. 11-04 to amend Development
Code Chapter 19.06 (Commercial Districts) Section 19.06.030 (2)(T)(I) to allow 3 service
stations at an interaction where only 2 are currently allowed, provided that at least one station is
an alternative fuel service station.
The applicant requests that the Mayor and Common Council approve Development Code
Amendment No. 11-04 as recommended by the Planning Commission at their meeting of May
2S, 2011. The Planning Commission recommended approval of the subject code amendment
with additional clarifying language, on a vote of 7 to 1. Commissioners Calero, Durr, Eble,
Heasley, Machen, Mulvihill, and Sauerbrun voted in favor of the motion. Commissioner Coute
voted against the motion. Commissioner Rawls was absent.
A clarification to the reference to alternative fuel service stations has been added in Exhibit A
attached to the proposed ordinance. Attachment I Planning Commission staff report contains a
more detailed analysis of Development Code Amendment No. 11-04.
California Environmental Quality Act (CEQA) Compliance:
Development Code Amendment No. II-OS is exempt from the California Environmental Quality
Act (CEQA), pursuant to Section IS061(b)(3) of the CEQA Guidelines, the general rule that an
action with no foreseeable physical impact on the environment is exempt.
Financial Impact:
None.
Recommendation:
That the hearing be closed and that said ordinance be laid over for final adoption.
Attachment I: Planning Commission Staff Report Dated May 2S, 2011
Ordinance
2
ATTACHMENT 1
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. 11-04
5
May 25, 2011
City-wide
APPLICANT:
Screen Land Development
C/O: Jian Torkan
4221 Wilshire Blvd. Suite 240
Los Angeles, CA 900 I 0
323.932.7777
REQUESTILOCA TION:
A request to amend Development Code Chapter 19.06 (Commercial Districts) Section .030 (2)
(T)( I) to allow 3 service stations provided that at least one station is an alternative fuel service
station where only 2 are currently allowed.
CONSTRAINTS/OVERLA YS:
Not Applicable.
ENVIRONMENTAL FINDINGS:
o Not Subject to CEQA
r:sJ Exempt per Section per Section l5061(b)(3)
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
r:sJ Recommend Mayor and Council Approval.
o Approval
o Conditions
o Denial
o Continue
DCA No. 11-04
Hearing Date: OS/25/2011
Page 2
PROJECT DESCRIPTION
The applicant requests approval of a Development Code Amendment (DCA) under the authority
of Development Code Section 19.42.010 to modifY Section 19.06.030 (2) (T){I), to permit a
maximum of 3 service stations at an intersection, each subject to approval of a Conditional Use
Permit, provided that at least one station is an alternative fuel service station. See Attachment A
for details.
Development Code Section 19.06.030(2)(T)(1) sets location criteria for (automobile) service
stations in commercial districts, where service stations are permitted subject to approval of a
Conditional Use Permit. Currently, service stations are permitted only at major and secondary
arterial intersections, including freeway ramp intersections, and the Code sets a limit of 2 service
stations at any intersection. The applicant is seeking locations for development of electric vehicle
(EV) charging stations, which the Planning Commission has determined to be subject to the
same regulations as automobile service stations. Many of the key locations for automobile
fueling in the city already have the maximum number of gasoline stations, leaving few
opportunities to establish new charging station sites. The proposed amendment is designed to
accommodate future demand for alternative fuel service stations and to improve the accessibility
of alternative fuel service stations in the City.
SETTING/SITE CHARACTERISTICS
The proposed Development Code Amendment No. 11-04, would apply in commercial land use
districts, City-wide.
BACKGROUND
. January 27, 2010 _ The Planning Commission approved an interpretation that all
regulations, development standards and other references in the Development Code to
"automobile service stations" as defined in Section 19.02.050 shall apply to electric
vehicle charging stations, thus providing for EV charging stations to be permitted
whenever a gasoline station is permitted, subject to the same regulations.
. December 15, 2010 _ The Planning Commission approved Conditional Use Permit No.
10-13 to establish an EV charging station at the southeast comer of 40th Street and Sierra
Way.
. February 23, 2011 _ The Planning Commission approved CUP No. 10-17 to construct a
4,995 sq. ft. retail building with an EV charging station at the southeast comer of
Waterman Avenue and Mill Street.
CALIFORNIA ENVIRONMENTAL OUALlTY ACT (CEOA)
The proposed Development Code Amendment is exempt from CEQA pursuant to Section
15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a
direct or reasonably foreseeable indirect physical change in the environment.
DCA No. 11-04
Hearing Date: OS/25/2011
Page 3
ANALYSIS
As electric vehicles penetrate the auto market, the need for charging facilities with associated
customer conveniences will increase also. These facilities will be needed on major arterials and
at freeway off-ramps, where automobile service stations are now located. The purpose of the
proposed amendment is to remove "gasoline" wording from service station standards as to be
consistent with the Planning Commission interpretation on January 27,2010, as described in the
Background. Moreover, Development Standard No. 23 is proposed to be eliminated as it's an
obsolete/outdated requirement. With current technology, pump nozzle on service islands is
equipped with automatic shut-off valve therefore eliminating the need for this requirement. No
additional development standards are proposed.
FINDINGS OF FACT
1. The proposed amendment is consistent with the General Plan.
The proposed Development Code Amendment would permit additional services for local
residents and promote clean fuel vehicles, consistent with the following General Plan goals
and policies:
Goal 4.1: "Encourage economic activity that capitalizes on the transportation and locational
strengths of San Bernardino"
General Plan Goal 4.5: "Identify and attract new employment types/land uses that
complement the existing employment clusters and foster long-term economic growth".
General Plan Policy 12.5.1: "Reduce the emission of pollutants including carbon
monoxide, oxides of nitrogen, photochemical smog........ in accordance with South Coast
Air Quality Management District (SCAQMD) standards".
General Plan Policy 12.7.5: "Support legislation that promotes cleaner industry, clean fuel
vehicles, and more efficient burning engines and fuels."
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience or welfare of the City.
The proposed amendment would provide for approval of alternative fuel service stations as
a public convenience. Therefore, the proposed amendment serves the public interest and
convenience and would not be detrimental to the public interest, health, safety, convenience
or welfare of the City.
DCA No. 11-04
Hearing Date: OS/25/2011
Page 4
CONCLUSION
Approval of Development Code Amendment No. 11-04 would allow development of alternative
fuel service stations throughout the City, consistent with the General Plan goals and policies
stated above.
RECOMMENDA nON
Staff recommends that the Planning Commission recommend approval of Development Code
Amendment No. 11-04 to the Mayor and Common Council, based on the findings of fact
contained in this staff report.
Aron Liang
Senior Planner
A:2vedfor);lj
/f)( ,
M. Margo Wheeler, AICP
Community Development Director
Attachment A:
Development Code Amendment Proposal
ATTACHMENT A
CHAPTER 19.06
COMMERClAL DISTRlCTS
Development Code Amendment No. 11-04 will modify Section 19.06.030(2) (T), Service
Station (Gasoline) Standards to read as follows:
T. SERVICE STATlON (-CASOLINE) STANDARDS
Service stations are subject to a Conditional Use Permit and shall comply with the following
standards:
1. New service stations shall be permitted only at the intersections of major and secondary
arterials, and along major or secondary arterials with freeway off-ramps within the
Freeway Corridor Overlay District. Stations within the Freeway Corridor Overlay shall
only be located at the intersection of the arterial with the freeway on- and off-ramps or
with streets forming the boundary of the Freeway Corridor Overlay District. A
maximum of~2..service stations shall be permitted at each intersection, or on each side
of the freeway along a major or secondary arterial with a freeway off-ramp within the
Freeway Corridor Overlay District, provided that at least one station is an alternative
fuel station. The use shall not adjoin a residential land use district. MC 963 3/18/96
2. The minimum parcel size shall be 15,000 square feet, with a minimum street footage of
100 feet on each street.
3. All activities and operations shall be conducted entirely within an enclosed structure,
except as follows:
a. The dispensing of petroleum products, water and air from pump islands.
b. The provision of emergency service of a minor nature.
c. The sale of items via vending machines which shall be placed next to the main
structure in a designated area not to exceed 32 square feet, and which must be
screened from public view.
4. Pump islands shall be located a minimum of 20 feet from a street property line,
however, a canopy or roof structure over a pump island may encroach up to 10 feet
within this distance. Additionally, the cashier location shall provide direct visual access
to the pump islands and the vehicles parked adjacent to the islands.
5. The number of points of ingress/egress to anyone street shall be 2.
6. There shall be a minimum distance of30 feet between curb cuts along a street frontage.
7. No driveway may be located closer than 35 feet to the curb return.
8. The width ofa driveway may not exceed 36 feet at the sidewalk.
9. On-site parking shall be provided at I space for each pump island, plus I space for each
service bay.
10. Outside storage of motor vehicles is prohibited.
II. No vehicles may be parked on sidewalks, parkways, driveways or alleys.
12. No vehicle may be parked on the premises for the purpose of offering same for sale.
13. Landscaping shall comprise a minimum of 15% of the service station site area,
exclusive of required setbacks, and shall be provided and permanently maintained
according to the following regulations, as well as those contained in Chapter 19.28
(Landscaping Standards).
a. A minimum 5 foot wide (inside dimension), 6 inch high planter area shall be
provided along interior property lines, except for openings to facilitate vehicular
circulation to adjacent properties. Where adjacent to a periphery wall, trees
planted not more than 16 feet apart shall be included in the planter areas.
b. A planter area of not less than 200 square feet shall be provided at the comer of 2
intersecting streets. Landscaping shall not exceed a height of 30 inches.
c. A minimum of 50 square feet of planter area shall be located along those portions
of the main structure fronting on a public street.
d. Additional landscaping may be required to screen the servIce station from
adjacent properties.
14. All on-site signage shall comply with the provisions of Chapter 19.22 (Sign Standards).
15. Openings of service bays shall not face public rights-of-way and shall be designed to
minimize the visual intrusion onto adjoining properties.
16. No used or discarded automotive parts or equipment, or disabled, junked or wrecked
vehicles may be located in any open area outside the main structure.
17. 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.
18. All light sources, including canopy, perimeter, and flood shall be energy efficient,
stationary and shielded or recessed within the roof canopy so that the service station
shall be indirectly visible and light is deflected away from adjacent properties and
public rights-of-way. Lighting shall not be of such a high intensity as to cause a traffic
hazard or adversely affect adjoining properties. No luminaries shall be higher than 15
feet above finished grade.
19. Where an existing service station adjoins property in a residential land use district, a 6
foot high decorative masonry wall shall be constructed at the time the station requires a
permit for the on-site improvement! modification. Materials, textures, colors and design
of the wall shall be compatible with on-site development and adjoining properties. When
the wall reaches the established front-yard setback line of a residentially designated lot
abutting or directly across an alley from the service station, it shall decrease to a height
of 30 inches.
20. Restroom entrances viewable from adjacent properties or public rights-of-way shall be
concealed from view by planters or decorative screening.
21. Noise from bells or loudspeakers shall not be audible beyond the property line at any
time.
22. All parking, loading, circulation aisles, and pump island bay areas shall be constructed
with (PCC) concrete.
23. }Ie IHlm]3 Bezzle eB self ser\'iee isllmds shallse e~ui]3lled with held elleB devices