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HomeMy WebLinkAbout15-Development Services ORIGINAL CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Dept: Valerie C. Ross, Director Development Services Subject: Determination of Public Convenience or Necessity for a Type 20 Alcoholic Beverage Control (ABC) license (Off-sale Beer & Wine) for the 3,020 square foot service station and convenience store proposed at the northeast comer of Palm A venue and Kendall Drive. Date: December 22, 2008 MCC Date: January 20, 2009 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council determine that the public convenience or necessity will be served by the proposed license and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control to support issuance of a Type 20 ABC license for a 3,020 square foot service station and convenience store proposed at the northeast comer of Palm A venue and Kendall Drive. Y&w t.KH4- Valerie C. Ross Contact person: John Oquendo, Assistant Planner Phone: 384-5057 Supporting data attached: StaffReoort Ward(s): 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acet. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. J S- f"'U)"O~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Determination of Public Convenience or Necessity for a Type 20 Alcoholic Beverage Control (ABC) license (Off-sale Beer & Wine) for the 3,020 square foot service station and convenience store proposed at the northeast comer of Palm Avenue and Kendall Drive. APPLICANT: Karl Huy, for Travis Companies Inc. 4700 East Bryson Street Anaheim, CA 92807 (714) 693-9388 OWNER: Mark Hawley President of Development Operations San Bernardino Jacobsen Family Holdings I LLC 21800 Burbank Boulevard, Suite 330 Woodland Hills, CA 91367 (818) 251-9912 REQUEST The applicant requests a determination of Public Convenience or Necessity (PCN) as required for approval of a California Department of Alcoholic Beverage Control (ABC) Type 20 license to sell beer and wine for off-site consumption. The license is requested for a new service station and convenience store development project located at the northeast comer of Palm Avenue and Kendall Drive in the CG-l, Commercial General land use district. (Exhibit I). BACKGROUND On November 18,2008, the Planning Commission approved Conditional Use Permit (CUP) No. 08-11 and Tentative Parcel Map No. 19006, which authorized construction and operation of a 3,020 square foot service station and convenience store and a 5,250 square foot 5-suite multi- tenant commercial building, and subdivision of the 1.5 acre property into two parcels (Exhibit 2). The Planning Commission also recommended approval of a PCN determination, subject to conditions of approval recommended by the Police Department and included in the CUP (Exhibit 3). The action of the Planning Commission was unanimous, with Commissioners Coute, Durr, Heasley, Longville, Mulvihill, Muiioz, Rawls and Sauerbrun voting to approve the applications and make the recommendation to Mayor and Common Council for approval of the PCN. Commissioner Hawkins was absent from the meeting. Based on ABC concentration criteria, four off-sale (sales for off-site consumption) ABC licenses are allowed in the project Census Tract (0045). Currently, there are only two active off-sale licenses in this tract. However, pursuant to the Alcoholic Beverage Control Act (Business & Professions Code ~23817.5 as amended January 1, 1998) a determination of Public Convenience or Necessity from the City is required for issuance all new Type 20 licenses. This is a result of a moratorium that has been established for all jurisdictions where the ratio of Type 20 licenses Conditional Use Permit No. 08-11 Hearing Date: January 20,2009 Page 2 exceeds one for each 2,500 inhabitants, citywide or countywide, including the City of San Bernardino. FINANCIAL IMPACT No financial impact is anticipated; the appropriate application fees have been paid. RECOMMENDATION Staff recommends that the Mayor and Common Council determine that the public convenience or necessity will be served by the proposed license and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control to support issuance of a Type 20 ABC license for the 3,020 square foot service station and convenience store proposed at the northeast comer of Palm Avenue and Kendall Drive. EXHmITS I Location Map 2. Planning Commission Statement of Action and Staff Report 3. Police Department Conditions of Approval ! !I rt I' I t I , I 'l ~ 'I " " Exhibit 1 CITY OF SAN BERNARDINO PROJECT: Conditional Use Permit 08.11, & Tentative Parcel Map No. 19006 (SUB 08-07) PLANNING DIVISION LOCATION MAP HEARING DATE: 01/20/2009 u NORTH CITY OF SAN BERNARDINO Exhibit 2 . STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Conditional Use Permit No. 08-11 & Tentative Parcel Map No. 19006 (SubdivisIOn No. 08-07) Owner: San Bernardino Jacobsen Family Holdings I LLC Applicant: Travis Companies, Inc. Description: A request to construct and operate a 3,020 square foot service station and convenience store, including a request to establish a Type 20 Alcoholic Beverage Control license (Off-Sale Beer & Wine), and a 5,250 square foot 5-suite multi-tenant commercial building, with a request to subdivide the 1.5-acre property into two parcels. The project site is located at the northeast comer of Palm A venue and Kendall Drive in the CG-I, Commercial General land use district. ACTION: APPROVED Meeting Date: November 18, 2008 The Planning Commission independently reviewed, analyzed, and exercised independent judgment in its consideration of the Initial Study, and in making its determination, and the Planning Commission: 1. Adopted the Mitigated Negative Declaration (Attachment E) and Mitigation Monitoring! Reporting Program (Attachment F), and 2. Approved Conditional Use Permit No. 08-11 and Tentative Parcel Map No. 19006 (SUB08-07) based on the Findings of Fact in the Staff Report and subject to the Conditions of Approval (Attachment C), and Standard Requirements (Attachment D). 3. Reconunended that the Mayor & Common Council determine that the Public Convenience or Necessity would be served by approval of a Type 20 ABC license for the site. VOTE Ayes: Nays: Abstain: Absent: Coute, Durr, Heasley, Longville, Mulvihill, Muiioz, Rawls and Sauerbrun None None Hawkins The decision of the Planning Conunission is final unless a written appeal is filed, with the appropriate fee, within 15 days of the Planning Commission action, pursuant to Section 19.52.100 of the Municipal , (Development) Code. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Plmming Commission of the City of San Bernardino. 7/~JJ Terri Rahhal, Deputy Director/City Planner ;/-;9--08 Date cc: Case File, Department File, Plan Check, and Public Works/Engineering PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Conditional Use Permit No. 08-11, Tentative Parcel Map No. 19006 (Subdivision No. 08-07) 3 November 18, 2008 5 AGENDA ITEM: HEARING DATE: WARD: APPLICANT: Karl Huy, for Travis Companies Inc. 4700 East Bryson Street Anaheim, CA 92807 (714) 693-9388 REQUEST/LOCATION: A request to construct and operate a 3,020 square foot service station and convenience store, including a request to establish a Type 20 Alcoholic Beverage Control license (Off-Sale Beer & Wine), and a 5,250 square foot 5-suite multi-tenant commercial building, with a request to subdivide the 1.5 acre property into two parcels. The project site is located at the northeast comer of Palm Avenue and Kendall Drive in the CG-I, Commercial General land use district. OWNER: San Bernardino Jacobsen Family Holdings I LLC 21800 Burbank Boulevard, Suite 330 Woodland Hills, CA 91367 (818) 251-9912 CONSTRAINTS/OVERLAYS: Flood Zone, High Wind Area, Biological Resources Area ENVIRONMENTAL FINDINGS: o Not Subject to CEQA o Exempt, Section o No Significant Effects [8J Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Program STAFF RECOMMENDATION: [8J Approval [8J Conditions o Denial o Continuance to: t.. CUP No, 08-11, & TPM 19006 Hearing Dale: November 18, 2008 Page 2 PROJECT DESCRIPTION The project site is located on the northeast comer ofPahn Avenue and Kendall Drive, in the CG- 1, Commercial General land use district (Attachment A), The applicant requests approval of Conditional Use Permit No. 08-11 and Tentative Parcel Map No, 19006 under the authority of Development Code g19.36.050, g19.66.l50, g19,06,020(B)(7) & (1)(9), and g19,06.030(2)(B) to construct and operate a 3,020 square foot service station and convenience store, including a request to establish a Type 20 Alcohol Beverage Control license (Off Sale Beer & Wine - Package Store), and a 5,250 square foot 5-suite multi-tenant commercial building, Additionally, this request includes approval of the sign standards for the center under Sign Program No, 08-07 as well as the subdivision of the 1.5-acre property into two parcels. Parcel 1 will contain approximately 37,580 square feet and Parcel 2 will contain approximately 27,392 square feet (Attachment B). SETTING/SITE CHARACTERISTICS The project site is comprised of a single vacant parcel approximately 1.5-acres in area, It fronts the northeast intersection of Kendall Drive, a major arterial street, and Palm Avenue, a secondary arterial. The area surrounding the project site is characterized by established neighborhood commercial development. To the north and west of the project site is the Cable Creek flood control channel, a partially improved soft bottom flood control facility which is located in the PFC, Public Flood Control land use district. The table below provides a summary of the surrounding land uses. S d' Z dL dU urroun m!.!, onmg an an se: Existing Land Use General Plan Designation Site Vacant Parcel CG-l, Commercial General North Cable Creek Flood Control Channel PFC, Public Flood Control South Service Station and Multi-Tenant CG-I, Commercial General Commercial East Vacant Parcel CG-l, Commercial General West Cable Creek Flood Control Channel PFC, Public Flood Control CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA) The project is subject to the California Environmental Quality Act (CEQA). An Initial Study (Attachment E) was prepared and circulated for a 20-day public review period from September 24, 2008 to October 15, 2008, pursuant to the provisions of CEQA. No comments were received, The Initial Study proposes a Mitigated Negative Declaration, including mitigation measures detailed in the Mitigation Monitoring/Reporting Program (Attachment F). CUP No. 08-11, & TPM ]9006 Hearing Date: November 18, 2008 Page 3 BACKGROUND Preliminary review of the project by the Development/Environmental Review Committee (D/ERC) occurred on March 27, 2008. Due to the proximity of the project site to the Hood control channel, during the City Development/ Environmental Review process, the project plans were submitted to the San Bernardino County Department of Public Works Flood Control Division for concurrent review of the development plans. The County responded, indicating the potential inclusion of the site into the FEMA Flood Zone A, due to the condition of the existing Cable Creek levees. Additionally, due to the proximity of the site to the channel, County Flood Control recommended several mitigation measures to protect the site from Hood hazards, in lieu ofa standard 100-foot setback recommendation. The revised project plans returned to the D/ERC on September 18,2008, when the Initial Study (Attachment E) was released for public review and the item was moved to the Planning Commission for consideration. ANALYSIS The project, a request to construct and operate a new service station and multi-tenant commercial center, is subject to several provisions of the City of San Bernardino Development Code. These provisions include but are not limited to the following: ~19.06.030(2)(T) - Service Stations, ~19.06.030(2)(F) - Convenience Stores, ~19.06.030(2)(B) - ABC Licenses, ~19.06.030(2)(K)- Mini-Malls, Chapter 19.06 - Commercial Districts, Chapter 19.36 - Conditional Use Permits. Section 19.06.030(2)(T) and (K) contain specific design standards for new services stations and multi-tenant retail facilities. The convenience store use associated with the service station is proposed to have a Type 20 Alcoholic Beverage Control license, which allows the sale of beer and wine for consumption off the premises where sold. The Police Department has reviewed the request and has issued their recommendations for approval of the license (Attachment D). Although the project is not located in area of over concentration for off-sale ABC licenses, all new ABC Type 20 licenses in the County of San Bernardino require the issuance of a letter of Public Convenience or Necessity (PCN) from the local City Council. The recommended motion includes a recommendation that the Council approve a PCN letter for this project. The project complies with the prescribed general commercial development standards, as indicated below: Item Proposal Development Code General Plan Land Use: Service Station, Multi- Permitted subject Consistent Tenant Retail to CUP Lot Coveraee: 1. 5 acres 50% Max. N/A LandscaDe Coveraee: 24% 15% Min. N/A Setbacks: N/A - Front 10ft 10 ft - Street Side 10 ft 10 ft - Side 10ft Oft - Rear 5ft Oft Buildinl! Heil!ht (ft): 27.5 ft 30 ft (Max.) N/A CUP No. 08-11, & TPM 19006 Hearing Dale: November 18, 2008 Page 4 Type of Use Building Area Parking Ratio Requirements Spaces Spaces Re uired Provided Service Station 1 space for each pwnp island, plus 1 3,020 sq-ft space for each service bay. I space for each 250 s -ft of fa. 13 13 Mini-Mall TOTAL 30 43 31 44 FINDINGS OF FACT COllditiollal Use Permit: I. The proposed use is conditionally permitted within, and would not impair the illtegrity and character of the subject land use district and complies with all of the applicable provisions of the Development Code. The proposed service station, associated retail uses and alcoholic beverage sales are conditionally permitted under the Commercial General land use classification, consistent with existing development in the vicinity. The project complies with all specific standards enwnerated in ~19.06.030(2)(B), (F), (K) & (T) for service stations, convenience stores, establishments with off-sale Alcoholic Beverage Control Licenses, and multi-tenant retail uses as illustrated in the staff report. Therefore, the proposal 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-l, 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." Additionally, Goal 5.7 encourages the development of "attractive and safe commercial, office, and industrial projects that are creatively designed..." The project as proposed is attractive safe and compatible the surround uses, consistent with these General Plan policies and goals. 3. The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. The project is subject to the requirements of the California Environmental Quality Act (CEQA). Accordingly, a project-specific Initial Study was prepared pursuant to CEQA guidelines and CUP No. 08-11, & TPM 19006 Hearing Date: November 18, 2008 Page 5 Section 19.20.030(6) of the Development Code. Attachments E and F of the staff report contain the analysis related to the presence and extent of environmental impacts for construction and operation of the proposed project. A Mitigated Negative Declaration is proposed with mitigation measures that will ensure that impacts resulting from the project will be less than significant. 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 significant negative impacts to environmental quality and/or natural resources. Subject to implementation of the proposed Mitigation MonitoringIReporting Program (Attachment F), the proposed development will not result in any significant impacts on environmental quality and/or natural resources. The Initial Study (Attachment E) adequately addresses all potential impacts on environmental quality with appropriate mitigation measures designed to reduce or avoid potential impacts on geology and soils, hydrology and water quality, public services, traffic and noise. 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. The proposed use is compatible with the existing and future commercial land uses within the surrounding area. Moreover, the proposed project is not anticipated to have any significant objectionable impact to surrounding development. The proposed use will operate in a manner consistent with the Development Code and the conditions of approval. Since the project is consistent with the requirements of the General Plan and Development Code, and the on- and off-site improvements have been designed to mitigate or avoid potential impacts of the project on surrounding properties, no land use conflict or adverse environmental impacts are anticipated to result from the construction and operation of the proposed development. 6. The subject site is physically suitable for the type and density/intensity of use being proposed. The site contains ample buildable area for the proposed development. Moreover, the proposed development complies with all applicable provisions of the Development Code, including parking and landscaping requirements and architectural design guidelines. Therefore, the site is physically suitable for the proposed service station and multi-tenant retail development. 7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. There are adequate provisions for public access, public utilities, and public services for the proposed project. The site is located adjacent to a full range of utilities and other services, and it is already served by existing public streets. All development and building codes applicable to construction of the proposed project will ensure that the proposed project would not be detrimental to public health and safety. CUP No, 08-11, & TPM 19006 Hearing Date: November 18,2008 Page 6 Tentative Parcel Map: ], The proposed subdivision is consistent with the General Plan. According to the General Plan land use map, the proposed subdivision is located in the CG-l, Commercial General land use district. The CG-I district is defined as allowing "local and regional serving retail, personal service, office, . "and related commercial uses." Additionally, the Development Code further defines the CG-Iland use district as intended for the development ofregional and neighborhood serving commercial development, under gl9 .06. 0 10. The proposed subdivision will facilitate commercial development consistent with the CG-l land use designation of the General Plan. 2. The design of the proposed subdivision is consistent with the General Plan and Development Code. The design of the proposed subdivision is consistent with the General Plan. Policy 2.2.1 requires projects 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." By satisfying all necessary design requirements outlined in the Development Code, as stated in the staff report, the project is consistent with applicable Goals and Policies of the General Plan and also complies with applicable requirements of the Development Code. 3. The site is physically suitable for the proposed type of development. The proposed map conforms to the Development Code's commercial subdivision design standards for minimum lot area, lot standards and access. Both proposed lots will have sufficient buildable areas and will have access to a dedicated public road via the proposed driveways. Connecting to the existing infrastructure in the vicinity will provide water, sewer, and utility services adequate to serve the proposed commercial development. 4. The site is physically suitable for the proposed density of development. The site contains ample area for the creation of two lots as well as the associated development of buildings. The site does not contain any physical constraints that would prevent the site from being developed at the proposed intensity. As discussed in the above findings, the proposed commercial subdivision complies with all applicable provisions of the Development Code for subdivision design. 5. The design of the proposed subdivision and related improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. CUP No. 08-11, & TPM 19006 Hearing Date: November 18, 2008 Page 7 No significant harmful effects on the quality of the environment or on natural resources are anticipated to result from the approval of the proposed parcel map. The developing uses are consistent with the proposed Mitigated Negative Declaration (Attachment E) prepared for this development in accordance with the California Environmental Quality Act (CEQA). 6. The design of the proposed subdivision and related improvements are not likely to cause serious public health problems. The design of the proposed subdivision meets all of the applicable Development Code requirements and is unlikely to result in any serious public health problems. The proposed parcels will have access to existing public streets, Palm Avenue and Kendall Drive. Existing utilities and public services are available to serve the project site and ensure the maintenance of public health and safety. 7. The design of the proposed subdivision and related improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The design of the subdivision will not conflict with any public or private easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Map. Existing easements will be reserved in place or relocated, as necessary. CONCLUSION The proposed project satisfies all Findings of Fact required for approval of Conditional Use Permit No. 08-11 and Tentative Parcel Map No. 19006, subject to the recommended Conditions of Approval and Standard Requirements. RECOMMENDATION Staff recommends that the Planning Commission independently review, analyze, and exercise independent judgment in its consideration of the Initial Study, and in making its determination, and that the Planning Commission: I. Adopt the Mitigated Negative Declaration (Attachment E) and Mitigation Monitoring! Reporting Program (Attachment F), and 2. Approve Conditional Use Permit No. 08-11 and Tentative Parcel Map No. 19006 based on the Findings of Fact in this Staff Report and subject to the Conditions of Approval (Attachment C), and Standard Requirements (Attachment D). 3. Recommend that the Mayor & Common Council determine that the Public Convenience or Necessity would be served by approval of a Type 20 ABC license for the site. CUPNo.08-11,&TPM 19006 Hearing Date: November 18, 2008 Page 8 Respectfully Submitted, WwiJ{;.Rw Valerie C. Ross Di="", DWQ:5. S"",~ qw,d, b12 Istant Planner Attachment A: Location Map Attachment B: Site PlanlParcel Map Attachment C: Conditions of Approval Attachment D: Standard Requirements Attachment E: Initial Study Attachment F: Mitigation MonitoringlReporting Program . CONDITIONS CIRCLE K - PALM/KENDALL (CUP #08-11) Exhibit 3: Police Department Conditions of Approval 1. Sales of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. and 2:00 a.m. 2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. (With the exception of other properly licensed establishments.) No alcoholic beverages shall be consumed along the exterior of the business, in any parking area, or on any adjacent city street or . alleyway. 3. Any graffiti painted or marked upon the premises or on any area under the control of the licensee(s) shall be removed or painted over within 48 (Hours). 4. The licensee shall be responsible for maintaining free of litter the area under their control and any area adjacent to the premises over which they have control, or used by their patrons. These parking areas shall be cleaned of any litter upon the close of business each day. 5. 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 and exterior of the premises. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 6. Loitering is prohibited on or around these premises and all areas under the control of the licensee(s). 7. The licensee shall be responsible for the posting of signs prohibiting litter and loitering at the exterior of the business and in adjacent parking areas. 8. If public telephones are installed on the premises, they shall be installed inside the business and programmed for outgoing calls only. 9. Licensee must comply with all City building, fire, zoning and health regulations. 10. No beer or malt beverage product shall be sold, regardless of container size, III quantities ofless than six per sale, other than quart bottles. II. No distilled spirits shall be sold in bottles or containers smaller than half-pint. 12. All ice shall be sold at or about prevailing prices in the area and in quantities of not less than five (5) pounds per sale and should not be given away free.