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HomeMy WebLinkAbout06.A- Community Development RESOLUTION (ID # 2741) DOC ID: 2741 C CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Tony Stewart M/CC Meeting Date: 11/18/2013 Prepared by: Aron Liang, (909) 384-5057 Dept: Community Development Ward(s): 6 Subject: A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment 13-02 to Amend the General Plan Land Use Map for a 10,600-Square Foot Project Site from Single-Family Residential to Commercial, and Approving Conditional Use Permit 13-14 to Construct a Gas Station with a 2,789-Square Foot Convenience Store with a Type 20 ABC License (Off-Sale, Beer & Wine); and an Ordinance Approving Zoning Map Amendment 13-03 to Amend the Site's Zoning from Residential Suburban (RS) to Commercial General (CG-1), for the Property Located at the Southeast Corner of Medical Center Drive and Baseline Street. (#2741) Current Business Registration Certificate: Not Applicable Financial Impact: Increased property tax and sales tax of an undetermined amount to accrue to the City. Mayor to open the hearing . . . Motion: Close the hearing; lay over Ordinance for final adoption; and adopt the Resolution to approve General Plan Amendment 13-02 and Conditional Use Permit 13-14 with the ABC Type 20 License (Off-sale Beer & Wine) based on the Findings of Fact contained in the Planning Commission Staff Report dated October 16, 2013 (Attachment 2) and subject to the amended Conditions of Approval (Exhibit B). Synopsis of Previous Council Action: None. Background: On October 16, 2013, the Planning Commission voted 7 - 1 in favor of the subject project and recommended that Mayor and Common Council approve General Plan Amendment No. 13-02, Zoning Map Amendment 13-03 and Conditional Use Permit 13-14, to amend the General Plan Land Use Map for a 10,600-square foot project site from Single-Family Residential to Commercial, to amend the site's zoning from Residential Suburban (RS)to Commercial General (CG-1), merge four parcels into one parcel, and construct a gas station with a 2,789-square foot convenience store with a Type 20 ABC License (Off-sale, Beer&Wine), located at the southeast corner of Medical Center Drive and Baseline Street(Refer to Attachment 1 - Location Map). Analysis: The applicant proposes to develop the subject site to accommodate a gas station with a 2,789- square foot convenience store with a Type 20 ABC license (Off-sale, Beer&Wine), with related Updated: 11/14/2013 by Georgeann"Gigi"Hanna C Packet Pg.267 2741 on-site improvements to include landscaping, parking, loading, handicap accessibility, and refuse enclosure on approximately 1.16 acres. The subject site has historically been partially occupied by a commercial building located at the northeast corner of the project site. The proposed project will provide employment opportunities for local residents and will improve the appearance of the project site with a contemporary architectural design that complies with the commercial architecture design guidelines in Chapter G19.06 (9) of the Development Code. The hours of operation will be 24 hours, seven days per week. Surrounding the site to the north across Baseline Street is an existing shopping center in the CG- S zone. To the west and east of the project site are vacant properties in the CG-1 zone. To the south abutting the project site are single-family dwellings in the RS zone. The proposed project has been designed to eliminate glare, long-term and short-term noise and nuisance concerns. The scope of work to eliminate these concerns includes but is not limited to installing a 10-foot landscape setback and constructing a 6-foot decorative block wall (both sides) along the south property boundary. The wall and 10-foot landscape setback will provide a buffer zone for residential uses abutting the project site to the south. No parking, entrances, and doors with noise disturbance potential are proposed to be within the 10-foot landscape setback. The project has been conditioned to prevent any potential issues that may affect residential uses immediately adjacent to the south of the site. Therefore, the proposed project would not be detrimental to the public interest, health, safety, or welfare of the City with the establishment of a gas station at the subject site. During the Planning Commission hearing, Michael Gallo from the San Bernardino Unified School District and Colin Strange from the Chamber of Commerce spoke in support of the proposed project with an ABC Type 20 License (Off-Sale, Beer & Wine). Robert Handy, San Bernardino Police Chief, spoke at the hearing opposing the proposed ABC Type 20 License (Off-Sale, Beer & Wine) for the project. He stated that his decision was based on the proximity to the school, crime rate in the area and the number of existing off-sale licenses in that census tract(Refer to Attachment C -Draft Minutes). The Planning Commission had questions regarding crime activities, placement of cameras, operator's long-term commitment, food nutritional values, and obtaining an ABC license from existing ABC licenses within the City, which were answered by the applicant. The Planning Commission added conditions regarding obtaining ABC licensing within the City, and requiring food programs with nutritional values to be developed to offer as food items in locations available for students. Additionally, approval of the proposed ABC Type 20 License (Off-Sale, Beer&Wine) as part of the proposed project would require issuance of a determination that the Public Convenience or Necessity(PCN) is served by the proposed Type 20 License (Off-Sale, Beer&Wine)pursuant to the Alcoholic Beverage Control Act, Section 23817.7(3). Recommendation: That the hearing be closed and the Mayor and Common Council: Updated: 11/14/2013 by Georgeann"Gigi"Hanna C Packet Pg.268 2741 1) Lay over Ordinance for final adoption; and 2) Adopt the Resolution to approve General Plan Amendment 13-02 and Conditional Use Permit 13-14 with the ABC Type 20 License (Off-sale Beer & Wine) based on the Findings of Fact contained in the Planning Commission Staff Report dated October 16, 2013 (Attachment 2) and subject to the amended Conditions of Approval(Exhibit B). ATTACHMENTS: 1. Location Map 2. Planning Commission Staff Report dated Octoberl6,2013 3. Draft Planning Commission Minutes October 16, 2013 4. Public Hearing Notice Ordinance Approving ZMA 13-03 Ordinance Exhibit A-Zoning Map Resolution Approving GPA 13-02 and CUP 13-14 Resolution Exhibit A-Land Use Map Resolution Exhibit B - Conditions of Approval,Amended City Attorney Review: Supporting Documents: reso 2741 (PDF) Reso-Exhibit A GPA 13-02 (PDF) Reso-Exhibit B -Amended Conditions (DOC) Attachment 1 -LocatIon Map(DOCX) Attachment 2 -PC Staff Report 10.16.13 (PDF) Attachment 3 - PC Minutes Final 10.16.13 (PDF) Attachment 4- MCC Public Hearing Notice (DOC) Ord 2741 (PDF) Ord-Exhibit A ZMA 13-03 (PDF) Updated: 11/14/2013 by Georgeann"Gigi"Hanna C Packet Pg.269 RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 4 SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT 13-02 TO AMEND THE LAND USE DESIGNATION OF APPROXIMATELY 10,600 SQUARE FEET FROM 5 RESIDENTIAL TO COMMERCIAL AND APPROVING CONDITIONAL USE PERMIT 13-14 6 TO ESTABLISH A GAS STATION WITH A CONVENIENCE STORE WITH AN ABC TYPE 20 LICENSE (OFF-SALE, BEER AND WINE), LOCATED AT THE SOUTHEAST CORNER 7 OF MEDICAL CENTER DRIVE AND BASELINE STREET. 8 co 9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 10 OF SAN BERNARDINO AS FOLLOWS: 0) 11 WHEREAS,the Mayor and Common Council of the City of San Bernardino adopted the General 12 Plan for the City by Resolution No. 2005-362 on November 1,2005; and 13 WHEREAS, the application for General Plan Amendment 13-02 and Conditional Use Permit 13- 14 14 was found by the Environmental Review Committee to be exempt from the California Environmental 9 15 Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines in that the submitted project < 16 plans and supporting data indicate that there will be no significant adverse effects on the environment; N 04 9 17 and 18 WHEREAS, the CEQA exemption has been reviewed by the Environmental Review Committee, 00, 19 the Planning Commission, and the Mayor and Common Council in compliance with the CEQA and local 20 regulations; and 21 WHEREAS, the Planning Commission conducted a noticed public hearing on October 16, 2013, No 22 in order to receive public testimony and written and oral comments on General Plan Amendment 13-02 23 and Conditional Use Permit 13-14, and fully reviewed and considered the Planning Division Staff E 24 Report and the recommendation of the Environmental Review Committee; and 25 WHEREAS, the Mayor and Common Council held a noticed public hearing on November 18, 26 2013, and fully reviewed and considered proposed General Plan Amendment 13-02 and Conditional 27 Use Permit 13-14, and the Planning Commission and Environmental Review Committee 28 recommendations and the Planning Division Staff Report. F�qke �76, t g' i i NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor 2 and Common Council: 3 SECTION 1. Recitals. 4 The above Recitals are true and correct and are incorporated herein. 5 SECTION 2. Exemption. _ U 6 The proposed amendment to the General Plan of the City of San Bernardino will have no a 7 significant effect on the environment, and the exemption heretofore prepared by the Environmental d 8 Review Committee as to the effect of this proposed amendment is hereby ratified, affirmed and adopted. in 9 SECTION 3. General Plan Amendment 13-02. c 0 w 10 A. General Plan Amendment 13-02 is hereby approved based upon the Findings of Fact B Cn 1 i contained in the Staff Report to the Planning Commission dated October 16, 2013. c� 12 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan M 13 Amendment 13-02, to change the land use designation of approximately 10,600 square feet from 14 Residential to Commercial in the area outlined in Exhibit A. attached and incorporated by reference. o 15 C. General Plan Amendment 13-02 shall become effective upon the adoption and execution of a 16 this Resolution. N 0 17 SECTION 4. Conditional Use Permit 13-14. T a 18 Conditional Use Permit 13-14 is hereby approved based upon the Findings of Fact contained in a 19 the Staff Report to the Planning Commission dated October 16, 2013, and subject to the Amended h N 20 Conditions of Approval as recommended by the Planning Commission on October 16, 2013, attached as ti 21 Exhibit B and incorporated herein. c N 22 SECTION 6. Map Notation. 23 This Resolution and the amendment affected by it shall be noted on such appropriate General E 24 Plan maps previously adopted and approved by the Mayor and Common Council and which are on file w a 25 in the office of the City Clerk. 26 27 2s 2 Packet Pg.271, I SECTION 7. Notice of Exemption. 2 The Planning Division is hereby directed to file a Notice of Exemption with the County Clerk of 3 the County of San Bernardino certifying the City's compliance with the California Environmental 4 Quality Act. 5 U 6 /// CO 7 m 0 8 N U 9 C O Y CO N 11 � 12 M 13 a. U 14 Cl) O 15 M a 16 N N O 17 Cl) r Q 18 a. 19 t ti N_ 20 N 21 cV O N 22 w C 23 E t 24 R Y Y Q 25 26 27 28 3 Packet Pg.272 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT 13-02 TO AMEND THE LAND USE DESIGNATION OF APPROXIMATELY 10,600 SQUARE FEET FROM 3 RESIDENTIAL SUBURBAN (RS) TO COMMERCIAL GENERAL (CG-1) AND APPROVING 4 CONDITIONAL USE PERMIT 13-14 TO ESTABLISH A GAS STATION WITH A CONVENIENCE STORE WITH AN ABC TYPE 20 LICENSE (OFF-SALE, BEER AND WINE), 5 LOCATED AT THE SOUTHEAST CORNER OF MEDICAL CENTER DRIVE AND U 6 BASELINE STREET. m a I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 0 O 8 Common Council of the City of San Bernardino at a meeting thereof,held on the in 9 day of , 2013, by the following vote,to wit: r_ 0 10 Cn 1 i Council Members: AYES NAYS ABSTAIN ABSENT 12 MARQUEZ 13 JENKINS a. D 14 VALDIVIA M 0 15 SHORETT a 16 VACANT N N O 17 JOHNSON M a 18 MULVIHILL a. 19 n N 20 Georgeann Hanna, City Clerk v 21 N O 22 The foregoing resolution is hereby approved this day of , 2013. a w c 23 E E t 24 Patrick J. Morris, Mayor r City of San Bernardino a 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 By: � 2s 4 Packet Pg.273 (oavi m-O3S'ouo!)eiSsOO-n-£Ldnoico-£LVWZIZO-ELVdE):MZ) ZO-CLVdE)V;!4!4x3-osea:;uew4oeuy z- N �a� �W o o Zzo 1 —w z<H 2 zz- u O .. W � 3 W � f ¢ LI II I I o 'o w I ��my�J Igo D <� ^ ¢stn o�U) ° a3 LL Wop � IIz U z J Io C, p a:0: r-� Z W ao a� a� �o �p J w I � U — 7,Lo W -m h K3 m0 LL W II CO May rg LL A oWU) z< II I z � a N o zoo I w II z o w w wo Q— o= II I���yLL M=ALL sJ°Cto a U Z O rn cn un - antra a M vl ��w T LL� a o co Z ¢o I _5 o w w � o f ° X z�mw O OLE N♦ V V j J V Qp W W p �ti Z°== � K V w m O= �O�Z E D V N FU Z O:5��O� Oi 651 aiW� EXHIBIT B m a AMENDED CONDITIONS OF APPROVAL General Plan Amendment 13-02, Zoning Map Amendment 13-03 and 0 Conditional Use Permit 13-14 (With ABC Type 20 License) C.2 1. This approval is for construction of a gas station with a 2,789-square foot convenience store r_ with a Type 20 ABC license (Off-sale, Beer & Wine), located at the southeast corner of °- Medical Center Drive and Baseline Street. All development shall be in substantial Cn conformance to submitted plans date stamped August 15, 2013. 2. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the D permit/approval shall become null and void. However, approval of this application does not M authorize commencement of construction. All necessary permits must be obtained prior to M commencement of specified construction activities included in the Conditions of Approval. a N Expiration Date: 2 years from approval date of the GPA/CUP c M 3. The review authority may, upon application being filed 30 days prior to the expiration date a of CUP No. 10-14 and for good cause, grant a one-time extension not to exceed 12 months. c� 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 c of any claim, action or proceeding and will cooperate fully in the defense of this matter. .N Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, o employees, representatives and attorneys of the City from any claim, action or proceeding w against any of the foregoing persons or entities. The applicant further agrees to reimburse c the City of any costs and attorneys' fees which the City may be required by a court to pay as 0 a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. C E The costs, salaries, and expenses of the City Attorney and employees of his office shall be Q considered as "attorneys' fees" for the purpose of this condition. As part of the m Y 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. X 0 5. The hours of operation for the gas station shall be 24 hours and hours of alcoholic beverage sales shall limited to hours of 6:00 a.m. to 2:00 a.m. ;. as E Y Y a Packet Pg.275 CUP 13-14 PC Hearing Date:October 16,2013 Page 2 s 6. The project shall comply with the requirements of other outside agencies, as applicable (e.g. v California Department of Alcoholic Beverage Control, County Health Department). Q 7. Signs/banners shall not be placed on or over the roof or within landscaped areas. d 0 8. Outside storage shall be prohibited. m U c 9. The applicant shall be responsible for regular maintenance of the project site. Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours. in N t0 10. If the color or architecture of the building is proposed to be modified in the future, the revised color scheme and or architecture shall be submitted to the Planning Division prior to any modification of the building exterior, for evaluation for substantial conformance to the r approved plans. a. U 11. Prior to the issuance of a Certificate of Occupancy, the applicant shall construct a six-foot o tall decorative block wall (both sides) along the south property boundary. a 12. This approval shall comply with the requirements of other outside agencies (i.e., San N Bernardino County Health Department, Division of Environmental Health Services, and California Board of Equalization), as applicable. Q a C9 13. Submittal requirements for permit applications (building, site improvements, landscaping, T etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval issued with this approval, printed on the plans. N 14. All exterior lighting shall be energy efficient with the potential to lower or reduce usage. All 2 exterior lighting shall be shielded to confine light spread within the site boundaries. 15. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. c No construction vehicles, equipment, or employees may be delivered to, or arrive at the o construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may only occur Monday through Friday. o U 16. The alcoholic beverage sales activity shall conform to Section IV — Operational Standards of Ordinance MC-1331 (Development Code Section 19.06.030(2)(B) — Alcoholic Beverage Sales. a m 17. Pursuant to Section 19.06.030 (2) (B) of the Development Code, to discourage nuisance activities, sales of the following products shall be prohibited: x w 0 a) Wine or distilled spirits in containers of less than 750 milliliters. b) Malt beverage products with alcohol content greater than five and one-half percent by volume. E C) Wine with an alcoholic content greater than 14 percent by volume unless in corked Q bottles and aged at least two years. 2 Picket Rg.276' CUP 13-14 PC Hearing Date:October 16,2013 Page 3 ® d) Containers of beer or malt liquor not in their original factory packages of six-packs or m a greater. a� e) Distilled spirits in bottles or containers smaller than 375 milliliters. f) Cooler products, either wine or malt beverage based, in less than four-pack quantities. _ 0 18. Pay Telephones: Pay Telephones on the site of the establishment shall be required to be of in the type that only allow outgoing calls and shall be in visible and well-lighted locations. c� 19. Program: The applicant shall establish or cooperate in a "complaint response community relations" program which may include the following, in cooperation with the Police a. Department: U a) Posting at the entry of the establishment providing the telephone number for the area M commander of the local law enforcement substation to any requesting individual. a b) Coordinating efforts with the Police Department to monitor community complaints c about the establishment activities. M a.T Q c) Having a representative of the establishment meet with neighbors or the applicable neighborhood association on a regular basis and at their request to resolve any neighborhood complaints regarding the establishment. N 20. Sins: The following signs shall be prominently posted in a readily visible manner on an = interior wall or fixture, and not on windows, in English, Spanish and the predominant °— T) language of the patrons: a) "California State Law prohibits the sale of alcohol beverages to persons under 21 c years of age. r c b) "No Loitering or Public Drinking." c) as C) "It is illegal to possess an open container of alcohol in the vicinity of this establishment." Q 21. Presentation of Documents: A copy of the Conditions of Approval and the California 0° Department of Alcoholic Beverage Control License shall be kept on the premises and presented to any City Enforcement Officer or authorized state or county official upon w request. o d W 22. Mitigating Alcoholic Related Problems: The establishment shall operate in a manner appropriate for mitigation and prevention of alcohol-related problems that negatively impact E individuals living or working in the neighborhood, including but not limited to sales to minors, congregation of individuals, violence on or near the premises, drunkenness, public .2 urination, solicitation, drug-dealing, drug use, loud noise and litter. a 3 Packet Pa.277 CUP 13-14 PC Hearing Date:October 16,2013 Page 4 23. Drug Paraphernalia: Selling drug/tobacco paraphernalia products as defined in Health and Q Safety Code sections 11014.5 and 11364.5 shall be prohibited. "Drug Paraphernalia"means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, to compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise e introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code N section 11000. M a 24. Loitering: The establishment's operators or employees shall discourage loiterers and ask persons loitering longer than fifteen minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons a. requested to leave fail to do so. M 0 25. Security Cameras: At least two 24-hour time lapse security cameras shall be installed and properly maintained on the exterior of the building at locations recommended by the Police N Department. All criminal and suspicious activities recorded on this surveillance equipment c shall be reported to the Police Department and the tape or other recording media shall be 9 r provided to the Police Department upon request. a 26. Security Guards: On-site security guards may be required, based upon the specific facts and ;. circumstances of on-site security and operations, as determined by the Police Department. N All security guards shall have all required state and City permits and licenses. N C 27. Prohibited Vegetation: Exterior vegetation shall not be planted or maintained in a manner .° that could provide a hiding place on the premises. Exterior vegetation shall be planted and maintained in a manner that preserves visibility and defensible space. N C 28. Window Obstructions: 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 c ensures that law enforcement personnel have a clear and obstructed view of the interior of U the premises, including the area in which the cash registers are maintained, from the exterior M public sidewalk or entrance. E 29. The site and any adjacent area used by patrons of the site shall be maintained free of litter. a The parking area shall be cleaned of any litter upon the close of business each day. The 0° r operator shall be responsible for the posting of signs prohibiting litter around the exterior of .2 the business and in adjacent arkin t p g areas. w 6 30. 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 neighboring properties. 0 .. a 4 Packet Pg.278 CUP 13-14 PC Hearing Date:October 16,2013 Page S 31. No alcoholic beverages shall be sold on the premise or property under the licensee's control, v without first obtaining a valid alcohol sales/service license through the California a Department of Alcoholic Beverage Control. d 32. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises `o under the control of the licensee (with the exception of other properly licensed N establishments). No alcoholic beverages shall be consumed along the exterior of the 6 c business, in any parking area, or on any adjacent city street or alleyway. 0 33. Music shall not be audible outside the premises, in adjacent attached businesses, or any y neighboring residences. t� 34. Licensee must comply with all City building, fire, zoning and health regulations. M 35. Upon demand, licensee must make available to any police official the current names and v addresses of persons who are in the management or operation of the business. c 36. The applicants shall be responsible for reimbursement costs to the City of San Bernardino a for "Extraordinary" police services on their premises. Extraordinary police services are N those defined under SBMC § 8.82.010. c Cn 37. Signs are not approved as part of this permit. Prior to establishing any new signs or a 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 N obtained. Signs/banners 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. 0 38. The convenience store operator shall not have more than 2 video games or pool tables in the business unless the lessor is proven to have, or obtains a valid permit with the City. 39. Drainage and Flood Control o M a) The preliminary storm water runoff treatment proposed for this project is an v underground chamber system. The final design shall be submitted and approved prior to issuance of the building permit. A percolation test at final grade of the M infiltration zone will be required prior to acceptance of the final WQMP and the I required method of testing for the percolation rate is the double ring infiltrometer a test. m b) Prior to issuance of the grading permit, the applicant shall submit to the Land Development Division a Full Water Quality Management Plan (WQMP), and an w Erosion Control Plan for review and approval. Hydrology and hydraulic c calculations shall be submitted and approved prior to issuance of grading permits. E V ' � Q 5 m1ClCet Pg.279. CUP 13-14 PC Hearing Date:October 16,2013 Page 6 40. Gradinz and Landscaping m a a. Prior to issuance of the building permit, an on-site improvement plan and a grading plan are required to be reviewed and approved. The grading plan shall L incorporate and conform to all requirements of Section 15.04-167 of the �° Municipal Code (See "Grading Policies and Procedures"). v b. An on-site improvement plan is required to be reviewed and approved prior to 2 final occupancy. The plans must include details of the on-site lighting with a Cnn Photometric plot which shows the proposed illumination rate. The applicant shall submit three copies to the Land Development Division for checking. c. The project Landscape Plan shall be reviewed and approved by the Director of Community Development prior to issuance of a grading permit. The applicant a. shall submit five copies to the Land Development Division for checking. M 0 d. Prior to building occupancy, an easement and covenant is required to be executed on behalf of the City to allow the City to enter and maintain any required g landscaping in case of owner neglect. Upon request, the Real Property Section N will prepare documents for execution by the property owner. The documents will ensure that, if the property owner or subsequent owner(s) fail to properly maintain a the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document- processing fee in the amount established by ordinance shall be paid to the Real N Property Section to cover processing costs. N e. The refuse enclosure shall be constructed in accordance with City Standard o Drawing No. 508. y a� 41. Street Improvement and Dedications fA C a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to provide the distance from street centerline to property line and placement of the c curb line (C.L.) in relation to the street centerline is as follows: v d _ a� E a Street Name Right-of-Way(ft.) Curb Line(ft) m :2 Medical Center Drive 44' (Dedication of 2.75' 32' w required) 0 d Baseline Street 50' (Dedication of 8.75' 32' d required) a 6 PaolCet P j:?80 CUP 13-14 PC Hearing Date:October 16,2013 Page 7 Tiajuana Street 25' (No additional dedication 15' a required) d 0 U) b. Submit all dedications documents to Real Properties prior to the approval of the o off- site improvements plans. w N c. Off-site improvement plans are required to be submitted for review and approval by Land Development according to Municipal Code Section 12.03. The plan is required to be prepared and sealed by a Registered Civil Engineer. The following improvements must be shown on the plan and constructed and approved prior to final occupancy: U 1. Construct curb ramps at the intersections of Medical Center Drive and o Baseline Street and Baseline Street and Tiajuana Street. Remove the existing a driveways along Medical Center Drive, Baseline Street and Tiajuana Street that are not part of the project and replace with curb gutter and sidewalk in N accordance with City standards. Pavement along Medical Center Drive and Tiajuana Street shall be reconstructed and restriped to centerline. Broken or a a. damaged sidewalk and curb and gutter shall be replaced along the frontage of the project. 2. Driveway Approaches shall be constructed per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. N 3. Utility and pole relocation may be required to construct the above o improvements. Required utility and pole relocation shall be done at the developer's expense with no cost to the City. 42. Applicable Engineering Fees 0 Impact Fees are due for this project. Fees will be assessed at the time of building plan c submittal and are required to be paid before issuance of the Building permit. v d 43. No final Certificate of Occupancy shall be issued until all conditions of approval have been completed. a 44. (*) The applicant/operator shall coordinate with the San Bernardino Unified School m District to develop programs for nutritional values to offer as food items in locations available for students. x w 45. (*) The applicant/operator shall obtain the ABC License from a business located within the City. d E (*) Added by the Planning Commission on October 16, 2013. 0 r Q 7 Packet Pg.281 ATTACHMENT 1 - LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA 13-02, ZMA 13-03 & CUP 13-14 LOCATION MAP NORTH m a HEARING DATE: 11118113 L O i+ Cn U c O .- .. �. N h 494 to a ha � m t76 4 �0 to .- t� ' m � #S t 0 .- ' r 121 r F F M M r N C M 0. T i N Project site a �a J-11 1180 o c q t k k i to Im k , � tit Im ti 45 tt3 Q , .r + '-It E iols 'et V4 m 0 d E i 4 r 7 Packet Pg. 282 Agenda Item: #6 PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION m a CASE: General Plan Amendment 13-02, Zoning Amendment 13-03 and 0 Conditional Use Permit No. 13-14 in HEARING DATE: October 16, 2013 (3 WARD: 7 0 �a r OWNER/APPLICANT: REPRESENTATIVE: Pioneer Baseline Plaza, LLC Thatcher Engineering & Associates, Inc. c/o: ICO Real Estate Group 1461 Ford Street, Suite 105 �r 4221 Wilshire Blvd. Suite 240 Redlands, CA 92373 M Los Angeles, CA 90010 909.748.7777 a 323.932.7777 M O r REQUEST/LOCATION: A request to amend the General Plan Land Use Map for a 10,600- a square foot project site from Single-Family Residential to Commercial, to amend the site's N zoning from Residential Suburban (RS) to Commercial General (CG-1), merge four parcels into M one parcel, and construct a gas station with a 2,789-square foot convenience store with a Type 20 a ABC license (Off-sale, Beer & Wine), located at the southeast corner of Medical Center Drive and Baseline Street. Assessor Parcel Numbers: 0139-051-10, 14, 15 and 25 CONSTRAINTS/OVERLAYS: 0 None ENVIRONMENTAL FINDINGS: o o. ® Exempt from CEQA, Section 15332—Infill Development ❑ No Significant Effect ❑ Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program y ❑ Environmental Impact Report with Mitigation Monitoring/Reporting Program Facts, Findings a and Statement of Overriding Considerations ' N STAFF RECOMMENDATION: c ❑ Approval E ❑ Conditions �a ❑ Denial a ® Recommend to Mayor and Common Council either: 1. Approval of the proposed project without the ABC Type 20 License; or E 2. Approval of the proposed project with the ABC Type 20 License �a w a Packet Pg.283 GPA13-02, ZA 13-03, CUP13-14 PC Meeting Date: 10-16-13 Page 2 PROJECT DESCRIPTION The applicant requests approval of the following: U m General Plan Amendment (GPA) 13-02 under the authority of Development Code § 19.50.030 to a change the land use designation of approximately 10,600 square feet from Residential to L Commercial; co Zoning Amendment(ZA) 13-03 under the authority of Development Code § 19.74.030 to change = the zoning district of approximately 10,600 square feet from Residential Suburban (RS) to 0 Commercial General (CG-1); N Conditional Use Permit 13-04 under the authority of Development Code § 19.36.050 to construct c� a gas station with a 2,789-square foot convenience store with a Type 20 ABC license (Off-sales, Beer&Wine), located at the southeast corner of Medical Center Drive and Baseline Street. , ^T^ The proposal involves constructing a gas station with a 2,789-square foot convenience store with U a Type 20 ABC license (Off-sale, Beer & Wine) (Attachment B). Three entrances are proposed o to provide convenient access to the site; one on Baseline Street and the others on Medical Center r Drive and Tiajuana Street(Attachment A). N N SETTING/SITE CHARACTERISTICS ° M r a The project site consists of four individual parcels totaling 1.16 acres and is partially occupied by a an existing office building which will be demolished to accommodate the proposed gas station T with a 2,789-square foot convenience store. N Table 1: SITE AND SURROUNDING LAND USES c� LOCATION LAND USE ZONE GENERAL ° PLAN 0 DESIGNATION d Site Commercial Bld. Commercial General (CG-1) Commercial and and Residential Suburban Residential Cn (RS) a North Shopping Center Commercial General (CG-1) Commercial N South Single-family Residential Suburban (RS) Residential Residences E East Vacant Property Commercial General (CG-1) Commercial w West Vacant Property Commercial General (CG-1) Commercial a E U R a� w a Packet Pg.284 i GPA13-02 ZA 13-03 CUP13-14 PC Meeting Date: 10-16-13 Page 3 PROJECT HISTORY/BACKGROUND • July 21, 2011 —Pioneer Baseline Plaza, LLC acquired the subject property. • June 6, 2013 — Formal application GPA 13-02 / ZA 13-03/ CUP 13-14 Q applications was submitted. • August 1, 2013 - The Development/Environmental Review Committee (D/ERC) m reviewed the application and moved on to the Planning Commission for $ co consideration. • October 2, 2013 — A legal advertisement was sent to the San Bernardino Sun r_ Newspaper for publication on October 4, 2013. • October 4, 2013 —Notices to the property owners and residents within 500 feet of co the exterior boundaries of the subject property were mailed, providing the nature cM of the request, location of the property, the date, time, and place of the Planning Commission meeting of October 16, 2013 for GPA 13-02 / ZA 13-03 / CUP 13- r 14 (Attachment F). a M ANALYSIS M 0 The applicant proposes to develop the subject site to accommodate a gas station with a 2,789- a square foot convenience store with a Type 20 ABC license (Off-sale, Beer& Wine), with related N on-site improvements to include landscaping, parking, loading,handicap accessibility, and refuse c enclosure on approximately 1.16 acres. The subject site has historically been vacant and partial Ir- occupied by a commercial building located at the northeast corner of the project site. The a proposed project will provide employment opportunities for local residents and will improve the appearance the project site with contemporary architectural design that complies with the commercial architecture design guidelines in Chapter G19.06 (9) of the Development Code. The hours of operation will be 24 hours, seven days per week. M Architecture o The architectural theme has been designed with a contemporary architectural style, and facades will be articulated on all sides through the use of stucco in neutral shades of beige (Dunn C a Edwards - Breath of Spring) with complementary colors (Dunn Edwards — Cheesecake and Driftwood). Storefronts to be articulated using foam band, mullion framing, clear glass and anodized aluminum windows and doors. Roofline treatment will be foam cornice with stucco v) finish to match the elevations. Additional architectural features proposed for the building include a decorative lines, offset roofline, roof plane, roof height, and exterior walls in depth and direction. N The design elements are consistent with architectural design guidelines pursuant to Development Code Section (G) 19.06 (9). The proposed colors will complement the architectural elements and E will provide an enhancement to the area. M Landscaping The proposed landscaping will include 19 trees (24" box of various species including Australian E Willow, Crape Myrtle, Mexican Fan Palm, and Bottle Tree), various shrubs, vines, and ground covers. The conceptual landscape plan provides 25% (6,853 square feet) of on-site landscaping w and complies with the Development Code requirements pursuant to Chapter 19.28, Landscaping a AStandards. Packet ft.185 ONSINMEMUNOMW GPA13-02, ZA 13-03, CUP13-14 PC Meeting Date: 10-16-13 Page 4 Traffic/Circulation The City Traffic Engineer determined that the driveways on Baseline Street, Medical Center Drive and Tiajuana Street provide adequate ingress/egress so that vehicle trips resulting from the proposed project will not cause any significant traffic impact to the intersection of Medical a Center Drive and Baseline Street. The intersection is generally operating at an acceptable Level of Service C and can accommodate additional vehicle trips generated by the proposed project. m L O Parking cri The Development Code requires one space for each pump island and one space for each 250 square feet of gross floor area for the project. The proposed project requires 11 stalls and the g project site provides 21 stalls. Cn N The project site provides adequate space for required parking and on-site circulation and complies with the CG-1 land use regulations and development standards of the Development Code, as indicated in Table 2: M a TABLE 2: PROJECT COMPLIANCE WITH DEVELOPMENT STANDARDS M O STANDARD DEVELOPMENT CODE PROJECT PLANS a 75%maximum 11% N Building Coverage c Parking 11 stalls 21 stalls Q a Landscaping 15% of parking area 25% (6,853 square feet) �? (3 trees) (19 trees) ti N_ Building Height 45 feet 24 feet M Operating Characteristics The hours of operation for the proposed project are expected to be 24 hours, seven days per o CL week. d Neighborhood Impact: Public hearing notices were sent to property owners and occupants within 500 feet of the subject a site, as required by Section 19.52.020 of the City of San Bernardino Development Code (Attachment F). This area is within the Commercial General (CG-1) zone and there are residences/churches/schools within a 1,000-foot radius of the proposed project. Although there are no Development Code requirements that govern required distances of gas station with a convenience store with an ABC License from these potentially sensitive uses, staff took these uses within the extended vicinity into consideration. a r c The proposed project has been designed to eliminate glare, long-term and short-term noise and E nuisance concerns. The scope of work to eliminate these concerns includes and not limited to installing a 10-foot landscape setback and constructing a 6-foot decorative block wall (both a sides) along the south property boundary. The wall and 10-foot landscape setback will provide a e0 ' buffer zone for residential uses abutting the project site to the south. No parking, entrances, and 1 Packet Pg.286 GPA13-02, ZA 13-03, CUP13-14 PC Meeting Date: 10-16-13 Page 5 doors with noise disturbance potential are proposed to be within the 10-foot landscape setback. Moreover, all exterior lighting will be shielded to confine light spread within the site boundaries. These requirements are stated in the Condition of Approval (Attachment Q. The project has been conditioned to prevent any potential issues that may affect residential uses immediately Q adjacent to the south of the site. Therefore, the proposed project would not be detrimental to the public interest, health, safety, or welfare of the City as a result from establishment of a gas station at the subject site. c Cn Police Department Concerns The Police Department participated in the review of the proposal. On September 16, 2013, the 0 Police Department completed its investigation of the proposed project and recommended denial of the proposed ABC Type 20 License (Off-sales, Beer&Wine) (Attachment D). c� The subject site is located in Census Tract 42.02, Reporting District S1240. Based on ABC concentration criteria, three ABC off-sale licenses are allowed in the subject tract. There are M currently five active existing off-sale licenses in Census Tract 42.02. The site is located in an a over-concentrated tract. The Police Department cited the high crime rate in the subject reporting v district and the over-concentrated tract in its recommendation for denial of the proposed ABC o Type 20 License (Off-sale, Beer&Wine). a However, the applicant has submitted a letter from 7-Eleven (the proposed operator) in support N N of the proposed project. The applicant/7-Eleven have expressed that the ABC license is a M companion component necessary for the proposed convenience store to operate successfully Q Qproject(Attachment E). r CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) N The proposed project is exempt from CEQA under Section 15332 of the CEQA Guidelines, as an Infill Development Project. The submitted plans and supporting data indicate that there will be no potentially significant effects on the environment, and the project qualifies for exemption. ° 0 0. FINDINGS OF FACT — GENERAL PLAN AMENDMENT AND ZONING MAP AMENDMENT R Cn 1. The proposed amendment is internally consistent with the General Plan. a The proposed amendment requests a new commercial land use designation of approximately 10,600 square feet area that is needed to accommodate the proposed gas station with a 2,789- square foot convenience retail store on CG-1 land use district. The CG-1 district is intended to accommodate retail, personal service, entertainment, office automobile and repair facilities, and w r related commercial uses to service the needs of the residents. The change in land use designation a would accommodate re-use of an existing commercial site with a shallow depth (100 feet) along Baseline Street to provide an additional 50 feet of lot depth for a better sign design. This in turn E would enable the application to provide commercial goods and services to the surrounding neighborhood. a Packet Pg.287 GPA13-02, ZA 13-03, CUP13-14 PC Meeting Date: 10-16-13 Page 6 The proposed project will create job opportunities and commercial service opportunities within the City. As discussed above, the proposed project has been designed with unifying architectural design elements and will be compatible with other commercial buildings located to the north of the project site and the residences to the south. Further, the proposed gas station will not only Q improve the appearance of the site, but it will also contribute to the renewal of economic vitality of the area by providing a venue for gas and commercial goods and services. Therefore, the project is consistent with General Plan Land Use Policy 2.2.1 that requires compatibility between o land uses and quality design and Economic Development Policy 4.1.1 that seeks out businesses U) that create jobs and generate sales tax revenue. 0 r 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed amendment does not cause changes that would be detrimental to the public interest, health, safety, convenience, or welfare of the City. The properties subject to the M proposed amendment are located in an urbanized area, on an arterial corridor with a full array of a. services available. The amendment from Residential to Commercial of 10,600 square feet would v facilitate and accommodate the development of a gas station with a convenience store on a o M commercial property. r Q As discussed in the Analysis under Neighborhood Impact, the proposed project has been N designed to eliminate glare, long-term and short-term noise and nuisance concerns as well as conditioned to prevent any potential issues that may affect residential uses immediately adjacent a to the south of the site. As proposed and conditioned, the proposal will not create conditions that may be detrimental to other permitted uses in the vicinity,because the amendment would allow a use that would be consistent with the CG-1 zone, intended for a variety of commercial uses. N Cn 3. The proposed amendment maintains the appropriate balance of land uses within the City. The proposed commercial land use designation would affect two of the thousands of parcels in ° the City (10,600 square feet in total area), which are currently designated Residential. The Q proposed amendment maintains an appropriate balance of land uses by providing for re-use of an (D existing commercial property. The proposed amendment will not change the balance of land uses in the City. crn U 4. The subject parcel(s) is physically suitable (including, but not limited to, access,provision of a utilities, compatibility with adjoining land uses, and absence of physical constraints)for the requested land use designation(s)and anticipated land use development(s). The project site consists of four individual parcels that are proposed to be consolidated into one, r 1.16-acre parcel. The proposed 1.16-acre parcel would physically be suitable for commercial a development and would enhance the immediate surrounding residential areas with commercial development opportunity that will provide the necessary daily commercial goods and services s required by the residents in the immediate area. The proposed amendment area is bounded by developed, dedicated streets and existing infrastructure suitable for commercial development. All Q required utilities and public services could adequately serve the site. Packet Pg. 288 GPA13-02, ZA 13-03, CUP13-14 PC Meeting Date: 10-16-13 Page 7 FINDINGS OF FACT—CONDITIONAL USE PERMIT 1. The proposed development is conditionally permitted in the subject zoning district and Q complies with all applicable provisions of the Development Code, including prescribed site development standards and any/all applicable design guidelines. L O .M' The proposed project is conditionally permitted under the CG-1 zoning district, and the proposed N project and its proposed on-site infrastructure improvements related to vehicular access and circulation, water supply, drainage and wastewater conveyance will improve the appearance of g the project site and will be compatible with existing development shopping center to the north of N the project site. A 10-foot landscape setback along the south property boundary will provide a buffer zone between the residences adjacent to the south of the project site. The project complies with all applicable provisions of the Development Code, as illustrated in the staff report. Therefore, the proposal would not impair the integrity and character of the subject land use A T district. °- U 2. The proposed development is consistent with the General Plan. o M r As noted in GPA/ZMA Finding#1, above, the proposal is consistent the General Plan goals and N policies. N 3. Approval of the Conditional Use Permit for the proposed development is in compliance with a a. the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. The proposed project is exempt from the California Environmental Quality Act (CEQA) requirements per §15332 of the State CEQA Guidelines, as an in-fill development project that can be adequately served by required utilities and public services. The procedures of the Development Code were followed by presenting the proposed project to the ° Development/Environmental Review Committee (D/ERC) for review, and the D/ERC a recommended approval of the project under the CEQA exemption for urban in-fill. See CEQA note above. 4. There will be no potential significant negative impacts upon environmental quality and U a. natural resources that could not be properly mitigated and monitored. N As noted in Finding No. 3, this project complies with CEQA and Development Code requirements. No significant impacts on environmental quality or natural resources have been identified as potential results of the project. The site is fully disturbed and has no habitat value. .2 Standard requirements for permitting and construction of the proposed project will ensure that a the project would not have significant impacts on environmental quality or natural resources. Therefore, no mitigation required. Ec M r Q Packet Pg.289 GPA13-02, ZA 13-03, CUP13-14 PC Meeting Date: 10-16-13 Page 8 S. 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 a co public interest, health, safety, convenience, or welfare of the City; < d The proposed project conforms to all applicable development standards and land use regulations o of the CG-1 zoning district, as illustrated in Table 2 above. Therefore, the design of the project, in conjunction with the recommended conditions of approval, will ensure that the project will not i create significant noise, traffic, or other conditions or situations that may be objectionable or 2 detrimental to other permitted uses in the vicinity of the site, nor will it be adverse to the public Cn interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed project will enhance the operation, to the benefit of the public interest and general welfare of the City. M r 6 The subject site is physically suitable for the type and density/intensity of use being proposed. 0. U The project site is physically suitable for the proposed project, developed at the density proposed o by CUP 13-14-07, as evidenced by the project's compliance with all applicable Development r Code Standards noted in Table 2. There are no physical constraints that would limit development on the site as proposed. Therefore,the site is physically suitable for the proposed project. N 0 7. There are adequate provisions for public access, water, sanitation, and public utilities and Q 0. services to ensure that the proposed use would not be detrimental to public health and safety. T All agencies responsible for reviewing access and providing water, sanitation and other public N services to the site have had the opportunity to review the proposal, and none indicated inability to serve the project site. Standard health and safety regulations will ensure that development of the project will not be detrimental to public health and safety. O r CONCLUSION a d The proposed project is consistent with the General Plan and the design of the improvements conforms to applicable standards of the Development Code. However, based largely on the y recommendation by the Police Department in a memo dated September 16, 2013, opposing the a ABC Type 20 License (Off-sale Beer & Wine), and in consideration of the applicant support letter from 7-Eleven, staff is recommending two motions. d E RECOMMENDATION �a r Staff recommends that the Planning Commission recommend that the Mayor and Common a Council: d E s U f6 V w a t Packet Pg. 290 GPA13-02, ZA 13-03, CUP13-14 PC Meeting Date: 10-16-13 Page 9 1. Approve General Plan Amendment 12-03, Zoning Amendment 13-03 and Conditional Use Permit 13-14 without the ABC Type 20 License (Off-sale Beer & Wine) based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment C); 00 Q Or 0 2. Approve General Plan Amendment 12-03, Zoning Amendment 13-03 and Conditional ti Use Permit 13-14 with the ABC Type 20 License (Off-sale Beer & Wine) based on the c Findings of Fact contained in the Staff Report and subject to the Conditions of Approval r (Attachment Q. N fC (7 Respectfully Submitted, V- 0- � U M O Aron Lian M T Senior Planner Q N N O Approved for Distribution: a a 0 9 ti Tony Stewart, AICP Acting Community Development Director M T Attachments: A. Location and Aerial Maps B. Project Plans Date Stamped December 28, 2011 0 C. Conditions of Approval D. Police Memo Dated September 16, 2013 E. Letter from 7-Elevan Requiring the ABC License F. Public Hearing Notice N a.. N E � s Q !� m E Q 1 Packet Pg.291 ATTACHMENT A - AERIAL MAP CITY OF SAN BERNARDINO PLANNING DIVISION Ir PROJECT: GPA13-021 ZMA13-03 A CUP13-14 a LOCATION MAP NORTH � L HEARING DATE: 10/16/13 N U c co N R a M O M r Q M r r n N w M r a PROJECT SITE o a I V N C d a 4 e „ w a Packet Pg.292 6.A.e ATTACHMENT A -ZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION U PROJECT: GPA13-02, ZMA13-03 & CUP13-14 a NORTH LOCATION MAP L HEARING DATE: 10116/13 U) U c O WHOM cSf //Y^^ V/ U o a O a T MM + N_ r Project site 1180 CL its itd aT t 1131 1 23 i s E t 5 M4 i a o to y g Ar 'I�v tt 1684 40 � w �- u Y Y Packet Pg. 293 vFUY1)aWiifYY .. •..,.. so,Now O I o���o� g _ All M'ajN= a€666666��i�f u u 3 } a? r d� die Sul.�y■ ■�a■' SIR U 7 z k k A S E'� o' 'a ; f k 2 �5 �� a $ �m ay m w I "ll �JOOO O°OO OO O"O° O®©® Aso W II �I L_==J 8Y 54 F#,n I OF un tq� r I Q75 4,^� N �i I CC�X � �- -1-----1 _ M{gf� ��m - a !-1 E"' '^ ;,. (C ( �, �:�•: ,m"p �! •I:I.Ru�� a II I r #a w w zwd!g_ $ CID g , ---- 20 G1. 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Q o W O' w 0U a U W U 2 2 J� o JW L iO3 W !8 ad W S z 1 a 'F=n I � � � I I � I � I � I � I � I � I g I I k I I I I I I I I I � I � � L_J 1 X I � 3 I � I I I � I I I I D I I I I � I I ' Do0 - o • � o � ' D I I I I I ' I a I r-� I � � n i i I � � I � I � I I � I 3" L_J 6.A.e ATTACHMENT C CONDITIONS OF APPROVAL cs General Plan Amendment 13-02, Zoning Amendment 13-03 and 00 a Conditional Use Permit 13-14 (No ABC Type 20 License) d L 1. This approval is for construction of a gas station with a 2,789-square foot convenience store .2 [no Type 20 ABC license (Off-sale, Beer & Wine)], located at the southeast corner of Medical Center Drive and Baseline Street. All development shall be in substantial o conformance to submitted plans date stamped August 15, 2013. 2. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of this application does not r authorize commencement of construction. All necessary permits must be obtained prior to D commencement of specified construction activities included in the Conditions of Approval. M 0 Expiration Date: 2 years from approval date of the GPA a N 3. The review authority may, upon application being filed 30 days prior to the expiration date c 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 a Code provisions. v 4. In the event this approval is legally challenged, the City will promptly notify the applicant N 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 c (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, Q 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 v� by a court to pay as a result of such action, but such participation shall not relieve applicant a of his or her obligation under this condition. N 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 .2 rescinded or revoked, whether or not at the request of applicant. c ai 5. The project shall comply with the requirements of other outside agencies, as applicable (e.g. s California Department of Alcoholic Beverage Control, County Health Department). r a 6. Signs/banners shall not be placed on or over the roof or within landscaped areas. Packet Pg. 300 "'"•°6 A e'a" _ CUP 13-14 PC Hearing Date:October 16,2013 Page 2 7. Outside storage shall be prohibited. 8. The applicant shall be responsible for regular maintenance of the project site. Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours. m a 9. If the color or architecture of the building is proposed to be modified in the future, the revised color scheme and or architecture shall be submitted to the Planning Division prior to any modification of the building exterior, for evaluation for substantial conformance to the co approved plans. c 0 10. Prior to issuance of a Certificate of Occupancy, the applicant shall construct a six-foot tall co decorative block wall (both sides) along the south property boundary. 0 c� 11. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, and M California Board of Equalization), as applicable. a- U 12. Submittal requirements for permit applications (building, site improvements, landscaping, o etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions a of Approval issued with this approval, printed on the plans. N N 13. All exterior lighting shall be energy efficient with the potential to lower or reduce usage. M All exterior lighting shall be shielded to confine light spread within the site boundaries. a a CD 14. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the ti construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may only occur Monday through Friday. e; 15. Drainage and Flood Control T a) The preliminary storm water runoff treatment proposed for this project is an m underground chamber system. The final design shall be submitted and approved prior to issuance of the building permit. A percolation test at final grade of the M infiltration zone will be required prior to acceptance of the final WQMP and the y required method of testing for the percolation rate is the double ring infiltrometer a test. ci b) Prior to issuance of the grading permit, the applicant shall submit to the Land Development Division a Full Water Quality Management Plan (WQMP), and an Erosion Control Plan for review and approval. Hydrology and hydraulic 2 calculations shall be submitted and approved prior to issuance of grading permits. a w d E s r w a Packet Pg. 301 CUP 13-14 PC Hearing Date:October 16,2013 Page 3 16. Grading and Landscaping a. Prior to issuance of the building permit, an on-site improvement plan and a L) grading plan are required to be reviewed and approved. The grading plan shall co incorporate and conform to all requirements of Section 15.04-167 of the Municipal Code(See "Grading Policies and Procedures"). o co b. An on-site improvement plan is required to be reviewed and approved prior to v final occupancy. The plans must include details of the on-site lighting with a o Photometric plot which shows the proposed illumination rate. The applicant shall submit three copies to the Land Development Division for checking. N tC c. The project Landscape Plan shall be reviewed and approved by the Director of Community Development prior to issuance of a grading permit. The applicant shall submit five copies to the Land Development Division for checking. r a d. Prior to building occupancy, an easement and covenant is required to be executed v on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. Upon request, the Real Property Section a will prepare documents for execution by the property owner. The documents will ensure that, if the property owner or subsequent owner(s) fail to properly maintain c the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document- a processing fee in the amount established by ordinance shall be paid to the Real Property Section to cover processing costs. r e. The refuse enclosure shall be constructed in accordance with City Standard Drawing No. 508. 17. Street Improvement and Dedications o a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to 0 a provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline is as follows: U Street Name Right-of-Way(ft.) Curb Line(ft) c- N 3 r+ Medical Center Drive 44' (Dedication of 2.75' 32' s required) a 9 w Baseline Street 50' (Dedication of 8.75' 32' d 9 required) a Tiajuana Street 25' (No additional dedication 15' required) Packet Pg. 302 CUP 13-14 PC Hearing Date:October 16,2013 $ Page 4 s b. Submit all dedications documents to Real Properties prior to the approval of the off- site improvements plans. a c. Off-site improvement plans are required to be submitted for review and approval d by Land Development according to Municipal Code Section 12.03. The plan is o required to be prepared and sealed by a Registered Civil Engineer. The following W improvements must be shown on the plan and constructed and approved prior to v c final occupancy: 1. Construct curb ramps at the intersections of Medical Center Drive and N Baseline Street and Baseline Street and Tiajuana Street. Remove the existing driveways along Medical Center Drive, Baseline Street and Tiajuana Street that are not part of the project and replace with curb gutter and sidewalk in accordance with City standards. Pavement along Medical Center Drive and a Tiajuana Street shall be reconstructed and restriped to centerline. Broken or v damaged sidewalk and curb and gutter shall be replaced along the frontage of c the project. r Q 2. Driveway Approaches shall be constructed per City Standard No. 204, Type N II, including an accessible by-pass around the top of the drive approach. c 3. Utility and pole relocation may be required to construct the above Q improvements. Any required relocations shall be at developer's expense with no cost to the City of San Bernardino. 18. Applicable Engineering Fees N M Impact Fees are due for this project. Fees will be assessed at the time of building plan submittal and are required to be paid before issuance of the Building permit. c .T.a L 19. No final Certificate of Occupancy shall be issued until all conditions of approval have been °a completed. 4. N U a i N C t � a d U fQ d r_ §! Q d Packet Pg. 303 3 8 k ATTACHMENT C CONDITIONS OF APPROVAL General Plan Amendment 13-02,Zoning Amendment 13-03 and m a Conditional Use Permit 13-14 (With ABC Type 20 License) d L 1. This approval is for construction of a gas station with a 2,789-square foot convenience store with a Type 20 ABC license (Off-sale, Beer & Wine), located at the southeast corner of v Medical Center Drive and Baseline Street. All development shall be in substantial o conformance to submitted plans date stamped August 15, 2013. r U) 2. Within two years of development approval, commencement of construction shall have M occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of this application does not a. authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. co 0 M Expiration Date: 2 years from approval date of the GPA a N 3. The review authority may, upon application being filed 30 days prior to the expiration date c of CUP No. 10-14 and for good cause, grant a one-time extension not to exceed 12 months. r The review authority shall ensure that the project complies with all current Development a Code provisions. �? T 1* 4. In the event this approval is legally challenged, the City will promptly notify the applicant N of any claim, action or proceeding and will cooperate fully in the defense of this matter. M 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 c (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, 0 0 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 v� by a court to pay as a result of such action, but such participation shall not relieve applicant a of his or her obligation under this condition. w 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 .2 rescinded or revoked,whether or not at the request of applicant. d 5. The hours of operation for the gas station shall be 24 hours and hours of alcoholic beverage s sales shall limited to hours of 6:00 a.m. to 2:00 a.m. a a 1 3 Packet Pg. 304 a i CUP 13-14 PC Hearing Date:October 16,2013 Page 2 6. The project shall comply with the requirements of other outside agencies, as applicable (e.g. California Department of Alcoholic Beverage Control, County Health Department). U 7. Signs/banners shall not be placed on or over the roof or within landscaped areas. m a 8. Outside storage shall be prohibited. d 0 9. The applicant shall be responsible for regular maintenance of the project site. Vandalism, co graffiti, trash and other debris shall be removed and cleaned up within 24 hours. 0 10. If the color or architecture of the building is proposed to be modified in the future, the revised color scheme and or architecture shall be submitted to the Planning Division prior to any modification of the building exterior, for evaluation for substantial conformance to the �? approved plans. r- 11. Prior to the issuance of a Certificate of Occupancy, the applicant shall construct asix-foot � tall decorative block wall (both sides) along the south property boundary. v M O 12. This approval shall comply with the requirements of other outside agencies (i.e., San Q Bernardino County Health Department, Division of Environmental Health Services, and California Board of Equalization), as applicable. N O 13. Submittal requirements for pennit a pp lications (buildin g, site improvements, landscaping, g, a etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval issued with this approval,printed on the plans. ti 14. All exterior lighting shall be energy efficient with the potential to lower or reduce usage. All N' exterior lighting shall be shielded to confine light spread within the site boundaries. 15. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. ° No construction vehicles, equipment, or employees may be delivered to, or arrive at the c CL construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may only occur Monday through Friday. 16. The alcoholic beverage sales activity shall conform to Section IV — Operational Standards v of Ordinance MC-1331 (Development Code Section 19.06.030(2)(B) —Alcoholic Beverage Sales. "' r d 17. Pursuant to Section 19.06.030 (2) (B) of the Development Code, to discourage nuisance activities, sales of the following products shall be prohibited: a a) Wine or distilled spirits in containers of less than 750 milliliters. E b) Malt beverage products with alcohol content greater than five and one-half percent by volume. Q c) Wine with an alcoholic content greater than 14 percent by volume unless in corked bottles and aged at least two years. Packet Pg.305 CUP 13-14 PC Hearing Date:October 16,2013 Page 3 d) Containers of beer or malt liquor not in their original factory packages of six-packs or greater. e) Distilled spirits in bottles or containers smaller than 375 milliliters. Cooler products, either wine or malt beverage based, in less than four-pack quantities. W 6 18. Pay Telephones: Pay Telephones on the site of the establishment shall be required to be of r_ 0 the type that only allow outgoing calls and shall be in visible and well-lighted locations. M 41 Cn 19. Program: The applicant shall establish or cooperate in a "complaint response community relations" program which may include the following, in cooperation with the Police Department: a) Posting at the entry of the establishment providing the telephone number for the area commander of the local law enforcement substation to any requesting individual. b) Coordinating efforts with the police department to monitor community complaints about the establishment activities. N N 9 c) Having a representative of the establishment meet with neighbors or the applicable neighborhood association on a regular basis and at their request to resolve any 0- neighborhood complaints regarding the establishment. 20. SiM The following signs shall be prominently posted in a readily visible manner on an C14 interior wall or fixture, and not on windows, in English, Spanish and the predominant Cl) language of the patrons: 17 Q a) "California State Law prohibits the sale of alcohol beverages to persons under 21 years of age. 0 b) "No Loitering or Public Drinking." c) "It is illegal to possess an open container of alcohol in the vicinity of this establishment." C� 21. Presentation of Documents: A copy of the Conditions of Approval and the California E Department of Alcoholic Beverage Control License shall be kept on the premises and presented to any City Enforcement Officer or authorized state or county official upon .2 request. E 22. Mitigating Alcoholic Related Problems: The establishment shall operate in a manner appropriate for mitigation and prevention of alcohol-related problems that negatively impact individuals living or working in the neighborhood, including but not limited to sales to minors, congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug-dealing, drug use, loud noise and litter. i CUP 13-14 PC Hearing Date:October 16,1013 Page 4 23. Drug_Paraphernalia: Selling drug/tobacco paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5 shall be prohibited. "Drug Paraphernalia" means ti all equipment, products and materials of any kind that are used, intended for use or designed a for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, 0 repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the California v Uniform Controlled Substances Act commencing with California Health and Safety Code ° .2 section 11000. ° co 24. Loitering: The establishment's operators or employees shall discourage loiterers and ask R persons loitering longer than fifteen minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so. r a 4 M 25. Security Cameras: At least two 24-hour time lapse security cameras shall be installed and properly maintained on the exterior of the building at locations recommended by the Police M Department. All criminal and suspicious activities recorded on this surveillance equipment r shall be reported to the Police Department and the tape or other recording media shall be N provided to the Police Department upon request. N a 26. Security Guards: On-site security guards may be required, based upon the specific facts and a circumstances of on-site security and operations, as determined by the Police Department. 0 All security guards shall have all required state and City permits and licenses. � N 27. Prohibited Vegetation: Exterior vegetation shall not be planted or maintained in a manner M that could provide a hiding place on the premises. Exterior vegetation shall be planted and maintained in a manner that preserves visibility and defensible space. c r 28. Window Obstructions: No more than 25% of windows or clear doors shall bear advertising a 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 obstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior vn public sidewalk or entrance. a 29. The site and any adjacent area used by patrons of the site shall be maintained free of litter. The parking area shall be cleaned of any litter upon the close of business each day. The operator shall be responsible for the posting of signs prohibiting litter around the exterior of U the business and in adjacent parking areas. a w 30. The parking lot of the premises shall be equipped with lighting of sufficient power to a°i illuminate and make easily discernible the appearance and conduct of all persons on or r about the parking lot and exterior of the premises. Additionally, the position of such lighting a shall not disturb the normal privacy and use of neighboring properties. a Packet Pg. 307 CUP 13-14 PC Hearing Date:October 16,2013 Page 5 31. No alcoholic beverages shall be sold on the premise or property under the licensee's control, without first obtaining a valid alcohol sales/service license through the California Department of Alcoholic Beverage Control. v m 32. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises a under the control of the licensee (with the exception of other properly licensed d establishments). No alcoholic beverages shall be consumed along the exterior of the o business, in any parking area, or on any adjacent city street or alleyway. Cn U 33. Music shall not be audible outside the premises, in adjacent attached businesses, or any o neighboring residences. Cn 34. The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English, Spanish and the predominant language of the patrons: "California State Law prohibits the sale of alcohol beverages to M persons under 21 years of age," "No Loitering or Public Drinking," and "It is illegal to a possess and open container of alcohol in the vicinity of this establishment." v M 35. Licensee must comply with all City building, fire, zoning and health regulations. M a 36. Upon demand, licensee must make available to any police official the current names and N addresses of persons who are in the management or operation of the business. c M 37. The applicants shall be responsible for reimbursement costs to the City of San Bernardino a a. ! for "Extraordinary" police services on their premises. Extraordinary police services are those defined under SBMC § 8.82.010. T- 38. 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. 7 Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is ° obtained. Signs/banners shall not be placed on or over the roof or within landscaped areas. a Signs and banners shall not encroach into the public right-of-way. 39. The convenience store operator shall not have more than 2 video games or pool tables in the N business unless the lessor is proven to have, or obtains a valid permit with the City. IL 40. Drainage and Flood Control N d a) The preliminary storm water runoff treatment proposed for this project is an t underground chamber system. The final design shall be submitted and approved prior to issuance of the building permit. A percolation test at final grade of the a infiltration zone will be required prior to acceptance of the final WQMP and the required method of testing for the percolation rate is the double ring infiltrometer test. �a a Packet Pg.308 CUP 13-14 PC Hearing Date:October 16,2013 Page 6 b) Prior to issuance of the grading permit, the applicant shall submit to the Land Development Division a Full Water Quality Management Plan (WQMP), and an Erosion Control Plan for review and approval. Hydrology and hydraulic calculations shall be submitted and approved prior to issuance of grading permits. ra 41. Grading and Landscqping Cn a. Prior to issuance of the building pen-nit, an on-site improvement plan and a grading plan are required to be reviewed and approved. The grading plan shall .2 incorporate and conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). b. An on-site improvement plan is required to be reviewed and approved prior to final occupancy. The plans must include details of the on-site lighting with a C; r-- Photometric plot which shows the proposed illumination rate. The applicant shall a. submit three copies to the Land Development Division for checking. c. The project Landscape Plan shall be reviewed and approved by the Director of Community Development prior to issuance of a grading permit. The applicant shall submit five copies to the Land Development Division for checking. N N 9 d. Prior to building occupancy, an easement and covenant is required to be executed on behalf of the City to allow the City to enter and maintain any required a. landscaping in case of owner neglect. Upon request, the Real Property Section will prepare documents for execution by the property owner. The documents will ensure that, if the property owner or subsequent owner(s) fail to properly maintain cm the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document- processing fee in the amount established by ordinance shall be paid to the Real Property Section to cover processing costs. 0 CL e. The refuse enclosure shall be constructed in accordance with City Standard Drawing No. 5 0 8. 42. Street Improvement and Dedications a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to provide the distance from street centerline to property line and placement of the C 4) curb line (C.L.) in relation to the street centerline is as follows: E C E Packet Pg.309 CUP 13-14 PC Hearing Date:October 16,2013 Page 7 Street Name Right-of-Way(ft.) Curb Line(ft) U m Medical Center Drive 44' (Dedication of 2.75' 32' ¢ required) m L 0 V/ Baseline Street 50' (Dedication of 8.75' 32' ti required) c r Cn Tiajuana Street 25' (No additional dedication 15' required) TT M a. M V b. Submit all dedications documents to Real Properties prior to the approval of the o off- site improvements plans. r ¢ c. Off-site improvement plans are required to be submitted for review and approval N by Land Development according to Municipal Code Section 12.03. The plan is o required to be prepared and sealed by a Registered Civil Engineer. The following a improvements must be shown on the plan and constructed and approved prior to a final occupancy: r d' 1. Construct curb ramps at the intersections of Medical Center Drive and Baseline Street and Baseline Street and Tiajuana Street. Remove the existing M driveways along Medical Center Drive, Baseline Street and Tiajuana Street that are not part of the project and replace with curb gutter and sidewalk in c accordance with City standards. Pavement along Medical Center Drive and Tiajuana Street shall be reconstructed and restriped to centerline. Broken or Q damaged sidewalk and curb and gutter shall be replaced along the frontage of the project. R 2. Driveway Approaches shall be constructed per City Standard No. 204, Type v II, including an accessible by-pass around the top of the drive approach. N 3. Utility and pole relocation may be required to construct the above = improvements. Required utility and pole relocation shall be done at the E developer's expense with no cost to the City. 43. Applicable Engineering Fees Q c Impact Fees are due for this project. Fees will be assessed at the time of building plan submittal and are required to be paid before issuance of the Building permit. r 44.No final Certificate of Occupancy shall be issued until all conditions of approval have been completed. Packet Pg. 310 City of San Bernardino ATTACHMENT D San Bernardino Police Department Interoffice Memorandum To: Captain R. Garcia From: Lieutenant R. Topping c r co Subject: CUP 13-14 ci c 0 :r Date: September 16,2013 2 Copies: c� v M V_ Problem: a. U 7-Eleven Inc. has applied for a Conditional Use Permit with the City of San Bernardino 0 as well a person-to-person and premise-to-premise transfer of an existing Type 20 ABC, a Off-Sale Beer/Wine license. The proposed project site will be a convenience store to be N erected at 1583 W. Baseline Street. The Off-Sale license was previously owned by Virk, N Major Singh and Virk, Narinder Kaur, DBA Quick Pick Food Store. The status of this M license is Surrendered. a a. Recommendation: r ti I recommend that the San Bernardino Police Department oppose this issuance of a N Conditional Use Permit allowing Off-Sale beer/Wine sales to occur at the proposed project site, 1583 W. Baseline Street, San Bernardino, CA. 0 T Findings: a a� Community Service Officer II S. Battle completed the original staff work in regards to this Conditional Use Permit. 1583 W. Baseline Street is contained within Census Tract N 42.02 and San Bernardino Police Department Reporting District S1240. CSO Battle a discovered potential over saturation of Off-Sale establishments within the area as well as a general crime rate that exceeds the city-wide crime rate by more than 20 percent w (statistics were obtained through staff work completed by CSO Battle). As of 08-29-2013, there were five active Off-Sale ABC licenses issued within this area, with an allowance of three. The number of Off-Sale premises within this Census Tract a exceeds the number allowed by the Department of Alcoholic Beverage Control and constitutes over saturation. E San Bernardino Municipal Code (SBMC) 19.06, Article II, Section Ill, Places restrictions a and conditions to be considered during the review of Conditional Use Permit applications. THE SBPD IS COMMITTED TO PROVIDING: PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING PaC1C@ Pg.311' Page 2 SBMC 19.06, Article II, Section III (A), indicates that new alcoholic beverage sales activity will not be permitted within 500 feet of several identified locations to include; m 1. Public or private state licensed or accredited schools. Q 2. Place of worship or religious institution. L O The proposed project site is located approximately 380 feet from Martin Luther King m Middle School, 1250 N. Medical Center Drive, 102 feet from Head Start Pre-School, o 1584 W. Baseline Street, and 264 feet from Cross and Spirit Church, 1182 N. Medical Center Drive (measurements obtained using Google Earth). Each location is within the o� 500 foot limit. a c� SBMC 19.06, Article II, Section III (I), indicates that locational conditions will be considered in the review of Conditional Use Permit applications, and may be grounds for denial based on potential adverse effects to the public interest, health, safety, or D convenience. M a O 1. A location within a crime reporting district, or within 500 feet of a crime Q _ reporting district where the general crime rate exceeds the city-wide general N crime rate by more than 20 percent. o M 2. A location where the new alcoholic beverage sales activity would be within a 500 feet from an existing alcoholic beverage sales activity, or would lead to 0 the grouping of more than four alcoholic beverage sales activities within a 1,000 foot radius from the new alcoholic beverage sales activity. N M There are a total of 219 Police Reporting Districts within the City of San Bernardino. 7 Between January 01, 2012 and December 31, 2012 there were approximately 124 crimes o per year for each Reporting District. The proposed project site (Reporting District 51240) saw an average of 216 crimes within the same time period. When compared with the city- a wide general crime rate Reporting District S1240 exceeds the average by approximately 57 percent(information obtained through Omega Dashboard Database). R The project site is also located approximately 346 feet from Jimmy's Liquor, 1620 W. a Baseline Street and 478 feet from El Super Market, 1578 W. Baseline Street. Both N establishments have Off-Sale licenses and are within the 500 foot limit (measurements c obtained through Google Earth). E Documentation indicates there is currently an excessive amount of Off-Sale Beer/Wine a establishments within the immediate area of the proposed project cite. Additionally, the location of this cite will be within 500 feet of identified school and religious facilities as E well as other current Off-Sale establishments. Granting this Conditional Use Permit will s be in contradiction of the current Municipal Code established by the City of San Bernardino as well as the current allowable limits set by the Department of Alcoholic Q Beverage Control. Packet Fg,312- ATTACHMENT E Don Tucker I Real Estate Manager 7-Eleven, Inc. 330 East Lambert Road EL Brea, CA 92821 714.686-6053 a Email: donald.tucker@7-11.com d L O N U September 26, 2013 0 w m Jian Torkan in Screenland Development Group, LLC N RE: Baseline& Medical Center Dr.,San Bernardino CA r A r a D Dear Jian: U M O Just a note to remind you that, per the provisions of our lease, paragraph 23. (Conditions M Precedent)that: Q N "...All permits, licenses, and approvals required for the sale of items to be sold (including local N entitlements for the sale of beer, wine and alcohol products for off premise consumption, and 24 M Hour convenience store operation" must be obtained as a condition to the lease. q Q a Should we be unsuccessful in obtaining those entitlements (in addition to the other Conditions � Precedent), the lease will not be consummated.. ti N Sincerely, M to �t o o Don Tucker Real Estate Manager 7-Eleven Inc., Greater Los Angeles Zone N Donald.Tucker(o)7-11.com U A N C E L U .r Q C d E t U RS w Y Q Page 1 of 7 2363077.1/87509A1 Packet Pg. 313 _ fiAe CITY OF SAN BERNARDINO NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNARDINO PLANNNING COMMISSION GENERAL PLAN AMENDMENT 13-02, ZONING MAP AMENDMENT 13-03 AND Ward No. m CONDITIONAL USE PERMIT 13-14 6 a PROPOSAL: A request to amend the General Plan Land Use Map for a 10,600-square foot project site fror 0 Single-Family Residential to Commercial, to amend the site's zoning from Residential Suburban (RS) t �° Commercial General (CG-1), merge four parcels into one parcel, and construct a gas station with a 2,789-squar ci foot convenience store with a Type 20 ABC license, located at the southeast corner of Medical Center Drive an c Baseline Street. rn OWNER: Pioneer Baseline Plaza APPLICANT: ICO Real Estate Group ENVIRONMENTAL RECOMMENDATION: Exempt from CEQA— 15332—Infill Development T PUBLIC HEARING LOCATION: HEARING DATE AND TIME: San Bernardino City Hall 300 North"D" Street Wednesday, October 16, 2013 at 6:00 p.m. T Lobby Floor, "Council Chambers" a San Bernardino, California 92418 N You are receiving this notice because the project site described above is c within 500 feet of your property. If you would like further information about this proposal prior to the public hearing, please contact the Cl) Planning Division at(909)384-5057. 0- King (7 You are welcome to attend the public hearing and address the Planning +3.Middle Commission with your comments on this proposal,or you may submit d written comments in favor of or in opposition to the proposal to the Planning Division, City Hall, 300 North "D" Street, San Bernardino, M CA 92418. Ll Decisions of the Planning Commission are final concerning Minor Use j o Permits, Development Permits, and Tentative Parcel Maps, unless W BASE LINE ST appealed to the Mayor and Council. Appeals to the Mayor and Council U - 0 must be made in writing,stating the grounds of the appeal and must be ��� �� Q- submitted to the City Clerk along with the appropriate fee within fifteen _J 0- SITE days of the decision. U t"�Srl 0 a) Final review and action concerning General Plan Amendments, — u _ U) Development Code Amendments, Specific Plans and Development U) W� � d� (L Agreements will be made by the Mayor and Common Council. Z U g —Z N 0 0 ! .. If you challenge the resultant action of the Mayor and Common U Z__= Council in court,you may be limited to raising only those issues you or I someone else raised at the public hearing described in this notice,or in W v written correspondence delivered to the City Planning Division at, or 11TH ST h 11TH ST prior to,the public hearing. a Individual testimony on agenda items will be strictly limited to three " ` _z- aa) minutes per person. i U f0 a+ a The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please conta i Facilities Services(384-5244)two working days prior to the meeting with any requests for reasonable accommodation,to include interpreters. Packet Pg. 314 �e�¢NAI2D�HO Larry Heasley,Chair Sp_ y Jim Mulvihill, Vice-Chair e Lance Durr r ? AndrewMachen CITY OF SAN BERNARDINO S.ia Amel S.Lopez A e l is ehnlski COMMUNITY DEVELOPMENT DEPARTMENT NEED IN Dan C.Jimenez 300 North "D"Street, San Bernardino, California 92418 m Bob Brown,Alt. Phone:(909)384-505715071 • Fax:(909)384-5080 Q d L Q PLANNING COMMISSION MINUTES U) U OCTOBER 16, 2013 C 2 1. MINUTES OF JULY 17, 2013 co N M 2. MINUTES OF SEPTEMBER 18, 2013 T 3. TENTATIVE TRACT MAP 18829 (SUBDIVISION 11-03), CONDITIONAL USE PERMIT 11-13 AND DEVELOPMENT AGREEMENT 12-02 (WATERMAN M GARDENS) M O CO) 4. CITY OF SAN BERNARDINO HOUSING ELEMENT UPDATE STUDY a SESSION M N N O 5. DEVELOPMENT PERMIT-P 13-07 M a a 6. GENERAL PLAN AMENDMENT 13-02, ZONING MAP AMENDMENT 13-03 AND CONDITIONAL USE PERMIT 13-14 v ti N M r to 7 O r R C_ LL N d r C_ a M 2 C E t V t0 a+ Q r C W E V R w.+ Q Page 1 of 24 10/16/2013 Packet Pg. 315 Chair Heasley called the meeting to order at 6:00 p.m. Commissioner Paxton led the flag salute. v m Present: Commissioners: Barnhardt, Brown, Grochulski, Heasley, Mulvihill, Paxton, Machen, a Lopez. Excused: Durr. Absent: Jimenez. Staff present: Tony Stewart, Acting Community s Development Director/City Planner; Henry Empeno, Jr., Senior Deputy City Attorney; Aron c Liang, Senior Planner; Gary Akers, Senior Civil Engineer. cYn U r_ ADMINISTRATION OF OATH g Senior Planner Aron Liang, administered the oath. N N t9 CONSENT AGENDA: Tony Stewart, Acting Community Development Director/City Planner, gave a brief presentation of the consent agenda. U M 1. Minutes of July 17, 2013. Staff recommends this item be continued to the November M 20, 2013 Planning Commission meeting, in conjunction with the request to continue a item 2, below. N N 2. Minutes of September 18, 2013. Staff recommends approval of these minutes. 0.T Q 3. TENTATIVE TRACT MAP 18829 (SUBDIVISION 11-03), CONDITIONAL USE PERMIT 11-13 AND DEVELOPMENT AGREEMENT 12-02 (WATERMAN GARDENS) - A request for a Conditional Use Permit to construct N n an affordable housing project and to subdivide approximately 38 acres into 8 parcels M and a 1-lot condominium subdivision to create a mixed income community and construct a three-story, 74-unit senior housing project with court yards, 337 multi- c family and condominium units, and a 45,000-square foot recreational facility, 58,200- square foot community center and 7,400-square foot administration/multi-purpose building. The proposed project would be constructed in eight phases and is located at N the northeast corner of Waterman Avenue and Olive Street, in the Residential Medium (RM) zone. U Environmental Determination: Mitigated Negative Declaration a Owner/Applicant: Housing Authority of the County of San Bernardino APN: 0147-211-01, 02, 03 and 04 E Ward: 1 _ �a Recommended Motion: Continue this item to the November 20, 2013 Planning a Commission meeting,per the applicant's request. c w E t Commissioner Mulvihill made a motion to approve the consent agenda. .2 Commissioner Brown seconded the motion. Page 2 of 24 10/16/2013 Packet Pg;p 16 i The motion carried by the following vote: Ayes: Barnhardt, Brown, Paxton, Grochulski, Heasley, Mulvihill, Machen, Lopez.Nays: None. Abstain: None. Excused: Durr. Absent: Jimenez. m a PUBLIC COMMENTS -ITEMS NOT ON AGENDA No comments. o m NEW BUSINESS v _ 0 4. CITY OF SAN BERNARDINO HOUSING ELEMENT UPDATE STUDY N SESSION 0 The Housing Element is one component of the City's General Plan, a long-range plan T for land use in the community. The Housing Element identifies housing-specific C, needs in San Bernardino and describes the approaches the City will take to facilitate a. meeting those needs. The purpose of the study session is to provide information to v the Planning Commission and public about the General Plan Housing Element o update, and to answer any questions regarding the Housing Element and the update a process. In addition, staff would like to gather input from residents and interested N stakeholders on housing issues and concerns that should be addressed in the Housing N Element update. a Genevieve Sharrow, City's Consultant, presented the Draft Housing Element which included graphs, charts and information regarding housing needs in San Bernardino. N Commissioner Lopez asked if the assessment included homes that are used for drug M rehabilitation, foster homes, or group homes. She noticed other social rehab programs but not specific to those she mentioned. 0 Genevieve Sharrow answered yes. There was an assessment done to include those types of c homes. N w Commissioner Lopez mentioned that there were a number of those homes. U Commissioner Mulvihill asked, if the Housing Element revision met the requirements of the °- HCD,we wouldn't have to renew for eight years? a� Genevieve Sharrow confirmed yes, as long as HCD releases a letter of compliance. �o Commissioner Mulvihill asked if we had to have a sustainability plan in place in conjunction. a :.c c d Veronica Tam, City's Consultant, said in the event that if an issue pertains to land = development and changes to the general plan that would impact the City's ability to meet the regional housing needs, the City is required to revisit the Housing Element at that time. In terms a 0 Page 3 of 24 10/16/2013 Packet Pg IT i i i i I of the sustainability, it is not directly related to the Housing Element, but goes along with policies that are related to housing preservation and stabilization of neighborhoods. U Commissioner Paxton brought up a few data elements he felt might be relevant to the m Q presentation; San Bernardino County Human Services releases an annual report regarding welfare by city. He stated that 49% of the populating of the City was on public assistance which equals $603 Million Dollars a year; an increase from January 2012. He also stated that the rn Homeless Point in Time count (HUD mandate done every two years) included 39% in the City of ci San Bernardino, which includes the mentally ill, families with children, veterans, recently o incarcerated. Some of these are considered chronically homeless; without housing for over a m year. y Commissioner Lopez wanted clarification on a few statistics that were present earlier. 1 � T Genevieve Sharrow clarified that the slide in question explained the expected need for housing a for the next eight years. SCAG determined that San Bernardino will see a need for 4,384 units. v M Veronica Tam added that the calculation represents the housing needs allocated to the City of San Bernardino for being a part of the Southern California region. The entire region has the ( allocation of 4,384 units, and with San Bernardino being a part of the region, it has been N allocated this amount. The housing needs in the community may be more or less than this c specific number. She explained that this number is a goal for San Bernardino to plan for. If there Q is a greater need for more housing, than more housing can be built, but if there is less of a need a due to foreclosures, you may have much new construction. The calculation is not a housing production obligation, merely a goal to work towards. z Commissioner Mulvihill noticed the allocation for our region was just over 4,000, but the allocation for Victorville was over 7,000, yet they have about half of our population but has a greater allocation of housing. He asked if it was due to more land able to be developed or due to 0 San Bernardino doing more with affordable housing. 4 Genevieve Sharrow explained that SCAG has a formula allocation to break down and look at the City's general plan. Through that they were able to see that Victorville plans for more development, and they are anticipated to have more. Also San Bernardino's was reduced due to s a vacancy credit that dropped that number down. a Commissioner Mulvihill wanted to clarify that since we have a higher vacancy rate, if that means we have more affordable housing. U Veronica Tam explained that the vacancy rate refers to what they call a Shadow Market. The a majority of the vacancy rate was comprised of the foreclosed properties. She referred back to years back when the City of San Bernardino appealed to SCAG regarding the RHNA and the d vacancy rate due to foreclosures. At the time, legislation did not allow for a credit. Recent 9 changes to the Housing Element Law see that as a flaw. This round of changes is specific to w jurisdictions that have been heavily impacted by foreclosures. This way the City is not being a asked to produce more units,when there is a surplus of units available. 3 Page 4 of 24 10/16/2013 x Packet Pg,318' 3 6:A1 Commissioner Lopez asked if there were any significant changed to this draft document compared to the last one submitted. v m Q Genevieve Sharrow stated that new information was updated in regards to new census data. No new policies or programs were added. The City's housing inventory remains substantially the 2 same. The TD Overlay was looked at for removal of housing constraints. 4° U Veronica Tam added that items were removed, such as programs that needed redevelopment o funds, since due to lack of funds, San Bernardino no longer provides for those programs. Some of the programs were combined to make them more effective. vi N l4 PUBLIC HEARINGS 5. GENERAL PLAN AMENDMENT 13-02, ZONING MAP AMENDMENT 13-03 AND CONDITIONAL USE PERMIT 13-14—A request to amend the General Plan M Land Use Map for a 10,600-square foot project site from Single-Family Residential to M Commercial, to amend the site's zoning from Residential Suburban (RS) to a Commercial General (CG-1), merge four parcels into one parcel, and construct a gas N station with a 2,789-square foot convenience store with a Type 20 ABC license, c located at the southeast corner of Medical Center Drive and Baseline Street. r'> a Environmental Determination: Exempt from CEQA— Section 15332—Infill Development Owner: Pioneer Baseline Plaza N Applicant: ICO Real Estate Group , APNs: 0139-051-10, 14, 15 and 25 Ward 6 c Recommended Motion: The Planning Commission recommends that the Mayor and Common Council: N d .r 1. Approve General Plan Amendment 12-03, Zoning Amendment 13-03 and Conditional Use Permit 13-14 without the ABC Type 20 License (Off--sale Beer& v Mano based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment C); or a� 2. Approve General Plan Amendment 12-03, Zoning Amendment 13-03 and Conditional Use Permit 13-14 with the ABC Type 20 License (Off-sale Beer & .2 w Wine) based on the Findings of Fact contained in the Staff Report and subject to Q the Conditions of Approval (Attachment Q. E Henry Empeno, Jr., Senior Deputy City Attorney brought up a letter that was distributed r earlier regarding the North West Redevelopment Project Area Committee signed by w a h Commissioner Barnhardt regarding an application for a Type 20 ABC License in the 6 tWard of San Bernardino. He asked if Commissioner Barnhardt had formulated an opinion on Item #6 Page 5 of 24 10/16/2013 Packet Pg.,319. 6.A.f prior to arriving at the meeting. He wanted to make sure that due process was being followed by all commissioners. Commissioner Barnhardt stated that he has no prejudices to the Type 20 ABC License. He Q drafted the letter at the request of the North West Redevelopment Committee. As a representative, he signed it and submitted it to the Mayor and Councilman Rikki Van Johnson. He stated that it was not his personal opinion, just an opinion that was expressed by the o community at that meeting. He did disclose that he met with the Applicant of Item#6 prior to the CO Commission meeting. There was no information exchanged. The applicant came to address the = concerns of the North West Pact at the time and asked what they were. Commissioner Barnhardt ° told the Applicant that the Pact was against any new ABC Licenses as well as if local builder Cn would be used for the project. 0 Henry Empeno, Jr., Senior Deputy City Attorney stated that based on the statement given by Commissioner Barnhardt, he believes he has no reason to recuse himself from the meeting. a. Chair Heasley agreed. v M O Senior Planner Aron Liang, gave a brief presentation of the project. a N Chair Heasley asked if the southern wall of the property would have a block wall as a separation N structure between two lots. M T Q a. Senior Planner Aron Liang stated that in the Conditions of Approval require the applicant to have a 6ft decorative block wall to separate the commercial portion from the residential portion. Iq ti N Jian Torkan, ICO, 4221 Wilshire Blvd. Los Angeles CA 90010, started by giving background M information on the company and various projects his company has had within San Bernardino, 7 including various ABC Licenses he had purchased in the past. He gave background information c on the 7-11 company. He presented some pros to having this new project in the neighborhood. He shared pictures of before and after of previous 7-11 projects he had been a part of. He E explained that having this new development here would reduce crime and better the area by having the gas station element. _ He stated that it would be difficult for 7-11 to operate without the ABC License as it brings in c) almost 25% of the total sales. He stated that this new development would encourage new development in the area. w a� Chair Heasley interrupted the applicant and stated that it might be in his best interest to address any concerns the Commission might have and to answer their questions. w Jian Torkan, ICO, agreed to answer questions and address concerns. E Commissioner Mulvihill pointed out that there is a school about 300 feet away from the w proposed location of development. a C Page 6 of 24 10/16/2013 Packet N.320 i Jian Torkan,ICO, confirmed that information. Commissioner Mulvihill stated that the student passing by on their way to school may stop by v and purchase chips or junk food. He asked if this location might be able to develop a program to m a help the students eat and purchase more healthy foods. He suggested a possible buy two get one free on fresh fruits. He shared concern for the students' food choices. d 0 w Jian Torkan, ICO, stated that he understood the concern, but said that with a national retailer, N U there are standards they need to comply with. He advised that a representative from 7-11 could o better address that concern. w Cn Commissioner Mulvihill advised that it would be a good idea, and if anything, a good PR move for that 7-11 due to the fact that they are so close to the school. r Donald Tucker, 7-11 Real Estate Representative, reiterated that 7-11 does sell fruits and other a fresh food products that are a healthier choice than what kids have purchased over the years. He stated that even though 7-11 has a national merchandising program, each location is operated by o a local franchisee. They choose how to operate their location, at the same time trying to connect M with their communities. He stated that Commissioner Mulvihill's point is well taken and agreed that a program would be a good idea. N N O Commissioner Mulvihill pointed out that a representative from the School District was in the r audience. a c� Donald Tucker, 7-11, suggested that having a program shouldn't be mandated but suggested to the franchisee to do so and let them know it would be in their best interest. M T Commissioner Mulvihill explained that eating healthy and obesity were a concern. He stated that it would advisable and a positive image to have such a program. c Donald Tucker, 7-11, brought up the value of a national retailer and one of the things due to U- their size and technological sophistication; they have great order and delivery systems. He added that they tailor the product for each store based off of product demand. He pointed out that the smaller shops might not have the ability to offer the same things that 7-11 does. U a Commissioner Mulvihill mentioned they could incentivize by offering the buy two get one free. M c Commissioner Lopez shared no opposition to the 7-11 location, especially in other areas, but E noted that they were immersed in different dynamics that worked well for them. With this particular community, there are some issues that, she suggested, Chief Handy could address. She a stated that within close proximity, there are several ABC Licenses in locations that have caused problems that the Police Department has to respond to. She stated that 7-11 expressed that the ABC License was a companion component necessary item. She's aware that 7-11 and other convenient stores that sell alcohol know that there are many other sales made. If 7-11 is in a position to offer many other services or commodities and products to the community that the a Page 7 of 24 10/16/2013 !?ticket Fig.321 other smaller stores are not able to, she assumes that 7-11 could still thrive without the ABC License. U Jian Torkan, ICO, said that no national retailer like this one operates a convenience store CO without a beer and wine license. He said the money is made not on the gas but from sales out of the convenience store, and although beer and wine is a small part, it is the other products that go L along with that, that make up about 25% of their sales. He stated that if the ABC License would t get approved, it is not creating more drinkers but shifting sales from other liquor stores to their N convenience store, it just shifts the demand from one to another. With this not being approved, c he said it allows the other locations, which don't have restrictions, to create a monopoly on selling alcohol. He stated that 7-11 operates responsibly in regards to beer and wine sales. c"n N Commissioner Lopez said that she was not inferring that 7-11 is an irresponsible vendor of beer and wine, but said that she doesn't agree with his statement that beer and wine are a small portion of their sales. As to whether it is shifting, she gave an example of an older project that I covers the same parameters as this project. Two years after it was built, the liquor store across the street is still thriving in its location. She said the notion of putting others out of business or rv—, shifting business doesn't seem to be the case as the market seems to be saturated with this type of T M business. She stated that there is a correlation that has been documented that it does affect public a safety. N r N s � Jian Torkan, ICO, stated that in regards to the over concentration, they did research on the r census tract and it revealed that it was under concentrated. The project site, if it were 200 feet to a the west, would fall in an area that is not over concentrated. �? Commissioner Paxton shared that there were two school board members in attendance. He N stated that he is in agreement of some of the same comments Commissioner Lopez has made. He M T wanted to be clear and asked that without the ability to have the ABC License, the project would be a no go? o �a Jian Torkan, ICO, confirmed that question. They have correspondence from 7-11 that without U- the ABC License, they would not be able to move forward. Henry Empefto, Jr., Senior Deputy City Attorney asked the applicant if the ABC License that was originally purchased was within the City of San Bernardino. a Jian Torkan,ICO, did not recall if it was or was not. w c aD E Chair Heasley clarified by asking if the applicant had purchased an ABC License from outside the City of San Bernardino which would add an additional license to the already five in proximity. a c a� Henry Empeno, Jr., Senior Deputy City Attorney confirmed yes, that that was the reason for E the question. He said that the applicant had previously purchased four ABC Licenses, and w wanted to know if this was one of them. a 0 Page 8 of 24 g 10/16/2013 Packet P 9.322' i Jian Torkan, ICO, stated that if the one he has is not within the City of San Bernardino, he could obtain one. v Henry Empeiio,Jr., Senior Deputy City Attorney stated that was the reason for his question. m Q 1 Chair Heasley said that if the commission decided to approve this project, that it be made a d condition to use a ABC License from within the city rather than one from outside the area. U° U Jian Torkan,ICO, stated he had no objection to that condition. c Commissioner Mulvihill asked that in regards to his previous statement regarding obesity and can concerns with nutrition and so forth, can this also be made a condition for this location and others within the city going forward. Tony Stewart, Acting Community Development Director/City Planner stated that such a condition could be added. v M Chair Heasley clarified that the condition would be on the operator of the location, rather than M the developer. Q N Tony Stewart, Acting Community Development Director/City Planner stated that it could be c worded that way. r Q a Chair Heasley stated that it would be the operator that would run the facility. v Jian Torkan, ICO, mentioned that 7-11 has a long term plan to introduce more fresh fruits to N their locations. M 7 W Commissioner Barnhardt mentioned that his own consumer habits that he wouldn't frequent o the other locations to begin with, but with the new 7-11 project, it might deter him from going into a grocer down the line. He then asked if this proposed location was close to Rialto. 5 U- Jian Torkan, ICO, said that it closer than if you were to be further east. Commissioner Barnhardt stated that he was trying to think of the closest grocer in that a neighborhood. M w C Jian Torkan, ICO, said there was one across the street. Commissioner Barnhardt stated that he wanted to think ahead at possibly pulling business r away from an establishment that is good for the area as opposed to drawing business away from a the liquor stores in the area. E Police Chief Robert Handy, gave his presentation on recommending not approving the ABC w License for this new 7-11 location. He stated that his decision was based on the proximity to the a school, crime rate in the area, and the number of off-site sale in that area. Page 9 of 24 10/16/2013 Packet P§:323' Commissioner Brown asked that Police Chief Handy explain the types of crimes that generally occur around the areas. ci m _ Q Police Chief Robert Handy, explained that they see a lot of loitering, drug sales often occur, street robberies due to the loitering and drug sales. He said that he has never seen these types of d problems surrounding a national chain, or AM/PM type store because they typically have the N 3 support of a corporate security structure and policies as the applicant stated. There is a concern with high concentration of numbers, and he referred back to a comment from Commissioner o Lopez regarding the correlation between the number of liquor stores and the crime rate. U) Commissioner Mulvihill directed his question to Tony Stewart and asked about placement of security cameras and if there were any on the outside of the store. , T Tony Stewart, Acting Community Development Director/City Planner deferred to Aron Liang. U M Police Chief Robert Handy, stated that he had spoken to the applicant about that, and that they M are willing to put up cameras along with other security devises. He stated that he felt it was not in a his position to recommend that these measures be put into the conditions but that all the N restrictions and cooperation from the business was good. c t , M Senior Planner Aron Liang stated that if the project were to be approved with the ABC aQ License, that there were two sets of conditions. He referred to the Conditions of Approval �? number 25 labeled Security Cameras. It states that at least two security cameras shall be installed and maintained on the exterior of the building at the location recommended by the police department. He went into detail about what was required of the security cameras and the 7-11 M location regarding security tapes. 0 Chair Heasley introduced the public speakers. LL Michael Gallo, 5804 N. Mayfield Ave., San Bernardino CA 92407, stated that he was at the meeting speaking in favor of granting the ABC License. He said that the school board had met and approved it but that they are taking a neutral stance on the project as they could not actually approve anything that wasn't directly related to them. The school saw the 7-11 as a better av alternative for their students. The school would much rather see the students go into a store that happens to sell beer and wine, rather into a liquor store that happened to sell snacks. He believes that the newness and quality of facilities would encourage students to consider shopping at this E location rather than the liquor stores. He explained that the school and the applicant have history on projects and School Scholarships, which helps explains why the applicant is good to partner with to benefit the school. Ultimately the school is recommending approval on the project. a d E Colin Strange, Chamber of Commerce, 546 W. 6th Street, San Bernardino CA 92401, stated Q that the City of San Bernardino has had the opportunity to work with the applicant on a number Page 10 of 24 10/16/2013 Packet Pg.324' of things, and that he has invested millions of dollars into the city. He stated that one of the criteria of establishing a redevelopment project area was to make a finding of blight in an area. He believes there is no shortage of blight in this area and the applicant is seeking to eliminate blight from around this development. He explained that they approached the school board to see what their opinion would be, and was told that they saw it as a catalyst for attracting new development to the area. He understands the stance of the North West Pact, and that it is in their policy to oppose but the pros and cons of getting a much needed gas station in exchange for a 0 beer and wine license. He referred to a similar situation in Redlands where some of the same 6 reservations were made by the Police Department regarding the MC, but the project was r_ .2 approved regardless. The project was built and proved to be very successful. He reiterated that if the second motion was not approved, the project would not happen. He urged the commission to (n approve the item. Commissioner Lopez stated that it would be nice if the School District and the Chamber recognized a problem, and with that, speak to other vendors in the area so they can see the issues as well. She said that even with this new development, other vendors are not going anywhere, and she endorses responsible vendors, but she mentioned it a suggestion. Colin Strange commented on how much redevelopment money had been put into the ARCO close by in order to attract a national tenant there, not to mention how heavily subsidized it was. N He stated that there is now another developer doing a new project with private funding, and that N indicates a turn around. He referred back to projects that had been started then had to be boarded up mid-way due to a lack of operators to take over. IL Commissioner Paxton stated that he agreed with the comments Commissioner Lopez made and the concerns our Chief has about density, but that is it unfortunate that for every responsible vendor that comes in we cannot close down an irresponsible one. On the other hand, the City always comments on how it wants to be business friendly, and we need to encourage responsible vendors and help bring up surrounding vendors. He commented on the fact the School Board was involved with the concern for the students, and that carried weight with him. E U. Chair Heasley said that they have to start somewhere with improving , and a good way to do that is with new development that is well lit, creates a fish bowl effect to reduce crime, and having a well-known national vendor would be a benefit. He stated that with the ABC License, he wasn't sure if it would decrease any business from the surrounding vendors, or if it would L) increase and he understands the stance of the Police Department. He argued the idea of either 0 1. encouraging the City with new development, or shut it down and let it remain a vacant lot and let the surrounding liquor stores run business as they have been doing for numerous years. He stated E that he was in favor of having the 7-11 there with the Type 20 ABC License, and he said he 0 didn't think it would be a detriment due to the fact there are surrounding licenses. It provides a .2 much cleaning environment to purchase alcohol that the surrounding vendors, as well as less of a risk to kids and other parties to have an establishment like this one. E Commissioner Mulvihill made a motion that the Planning Commission recommends that General Plan Amendment 13-02, Zoning Map Amendment 13-03 and Conditional Use Permit 13-14 with ABC Type 20 License (Option 2) move to the Mayor and Common Council,based on Page I I of 24 10/16/2013 1 Packet Pg.325 s the Findings of Fact contained in the Staff Report, and subject to the modifications to the Conditions of Approval. Tony Stewart, Acting Community Development Director/City Planner gave a summary of a the modifications to the Conditions of Approval: 1. the applicant use a surrendered license from the City of San Bernardino, 2. The operator work with the SBUSD to establish a healthy food program to incentivize the sale of healthy foods to customers, particularly students. o Cn Commissioner Brown seconded the motion. v 0 r The motion carried by the following vote: Ayes: Barnhardt, Brown, Durr, Grochulski, Heasley, co Mulvihill, Machen. Nays: Lopez. Abstain: None. Excused: Durr. Absent: Jimenez. M r 6. DEVELOPMENT PERMIT-P 13-07 - A request construct 39 single-family homes a. on Tract Map 17716. The project site is located north of Belmont Avenue, south of L? Ohio Avenue and east of Pine Avenue in the RL, Residential Low (RL) zone. M r Environmental Determination: Previous Mitigated Negative Declaration N Owner/Applicant: FHII, LLC—Frontier Communities N APNs: 0261-101-15, 16, and 17 Ward: 5 a a. t9 Recommended Motion: Approve Development Permit-P 13-07 based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval. N M T Senior Planner Aron Liang, gave a brief presentation of the project. 7 0 Chris Courtney, FHII LLC, 8300 Munica Ave. Rancho Cucamonga, CA, 91730,thanked the c Commission for their time on this project and brought up some changes he was seeking to get N made to the Conditions of Approval. He referenced Condition 13-D, that requires decorative block throughout the Tract, and he wanted to request to only do decorative block where visible to 5 public facing streets instead of split faced throughout the entire Tract due to cost. He explained v that typically, precision block is used for the interior and split faced is used for public facing a areas. He also referenced Condition 16 which requires all streets to be constructed, prior to "> w building occupancy. He wanted to get either clarification on that condition or a modification if d needed due to the project being completed in phases. He also referenced Condition 17-A which r states that prior to first occupancy, all sidewalks, curbs and gutters adjacent to the Tract need to be fixed. He would like to defer this until they are at 90% occupancy due to construction activities that may damage them again, so as to not have to redo work already done. He referred c to Condition 19 which states that all conditions be complete before first occupancy, and with the E prior changes requested, would need to be changed as well. a Page 12 of 24 10/16/2013 Packet Pg.326 i Chair Heasley asked if the applicant had had a chance to review the letters submitted by the public in opposition of the project. He then stated that one of his concerns was the grading that has already taken place, and he didn't recall seeing a grading permit associated with the project. v He brought up the fact that the construction is in a high wind area, and he has had several people m a of the public show concern for what is being done to control the dust on the job site. as Chris Courtney, FHII LLC, said they do in fact have a grading permit. ° v Chair Heasley asked if it was under their name, Frontier Homes. c Chris Courtney,FHII LLC,responded that the permit was under the name FHII, LLC. vn N Tony Stewart, Acting Community Development Director/City Planner, said they do have a rough grading permit. T M r Chris Courtney, FHII LLC, said that regarding dust control, they can address any concerns that v come up. They try to address issues as soon as they present themselves. He said he would coordinate with his field staff and even the commissioners if they liked, and go to the job site and address the concerns. He said they typically have the proper dust control and erosion measures in a place to limit any dust coming off the site as much as possible. N N O Chair Heasley showed concern that there are issues to begin with. He stated that it didn't seem like a concern to them until it was brought to their attention. a Chris Courtney, FHII LLC, said that they are always a concern. As soon as they start development they are swift to implement procedures in accordance with their manuals. Reassured the commissioners that if proper measures were not being taken, that they would fix them. co r O r Commissioner Machen asked Aron Liang how a grading permit is obtained before a project is approved. U- U) d Senior Planner Aron Liang said that generally the applicant or the operator would have to submit an application package to the Land Development Division for review and get an approval. In this case, a rough grading plan was submitted to Land Development for review and was a approved. He said that as Chris Courtney mentioned, they have a rough grading permit but a precise plan has not been approved. He then deferred to Gary Akers for further explanation. _ d E Senior Civil Engineer Gary Akers explained that applicants can request and obtain a rough grading permit to begin grading only on recorded subdivisions. a Commissioner Machen said that the process seemed strange. He said that it seemed like the project had already been approved and asked why they were spending time on it now. a Page 13 of 24 10/16/2013 Packet-iig.327 Chris Courtney, FHII LLC, said the project had been approved at one point in the past,but that they had different product they were proposing for this land, versus what had been originally approved. m a Senior Civil Engineer Gary Akers stated that the development also needs to be approved for the product they plan to build. Explained that the rough grading only creates the pads in which d the development is built,not the actual development for those homes. U Commissioner Mulvihill said that with a previous project approved, there had to have been an c environmental study done and some measures taken to prevent any type of air quality problems particularly in a high wind area. If you're going to be grading, you're obviously going to be u) disturbing the land and there has been a great deal of dust created. Asked if a rough grading permit cancels out a previous environmental study or should it support it. Senior Civil Engineer Gary Akers said that grading should be done in procedures with what's a considered the Storm Water Pollution Prevention Plan. He mentioned that there has been staff D out to help correct some items due to them not being in full compliance. M O M Commissioner Mulvihill asked if the items had been corrected. a N Senior Civil Engineer Gary Akers advised that the site was closed today. o M r Commissioner Mulvihill said even though it has been closed, and the land stripped, have there aa. been any preventative measure to make sure the dust doesn't get blown up. Senior Civil Engineer Gary Akers reiterated what Chris Courtney had mentioned earlier, in N that they would have to make sure that water is being applied to help prevent the dust from r blowing. r O r Commissioner Mulvihill was concerned that there was an environmental document that had not sustained under the rough grading plan. Mentioned that other communities from the 1980's had had problems with compaction and erosion, and that communities ended up with huge ditches in front of their homes due to lack of proper drainage. Chris Courtney, FHII LLC, assured the commissioners that they had qualified staff on sight a that is implementing all rules and regulations as stated by the state of California and the City of San Bernardino with regard to development. If there is a concern with dust control that still = exists then like before, he said it would get taken care of. He understands that there are residents E in the neighborhood that are unsatisfied with some of the operations. He assures they are doing the best they can. Q Commissioner Mulvihill said that the issues that are being brought to your attention now, should not have been issues, especially the high wind notation in the conditions. He said that as high end developers, they should be concerned with these conditions. a Chris Courtney, FHII LLC,he said they were concerned. Page 14 of 24 10/16/2013 0 acket Pg.328 j Chair Heasley brought up that the residents in that area had no knowledge that the previous grading permit had expired in 2009. New residents would have no foreknowledge that a v developer would come in and start grading. Also, during the work being done, there was a storm m a that brought mud down to the existing homes. He said preventative measures should take place before something happens,not after it's been brought up by the citizens. d 0 r Chris Courtney, FHII LLC, stated that advertising had been done adjacent to the homes to let `o 0 the public know of the development. There were procedures installed and implemented prior to C the grading began. Once concerns started to present themselves, they began to address them. Waiting to be told what compliance they are not in line with is not how they do business. It is in their job as a developer to make sure everything is in compliance. They plan to continue to stay on top of all compliances throughout the entire project. �r T Commissioner Brown asked about the signs on Kendall that were mentioned and if they were a connected to the development on North Campus. v M Chris Courtney, FHII LLC, advised that the signs on Kendall do have information pertaining M to the project on North Campus. a N Commissioner Brown stated that the signs were confusing to him and was unsure about the U- 9 Turn sign for Pine Ave. The fact there was information on the sign regarding a development on Pine that did not have a permit was also confusing. He also asked about when Frontier Homes a acquired this property that was previously approved for development. Chris Courtney, FHII LLC, explained that it was a recent acquisition from the Watson Group on May of 2013. M r CD T7 Commissioner Brown asked if whatever they had done, FHII might not be aware of. o Chris Courtney, FHII LLC, said yes. They immediately started to initiate the approval process S with the City of San Bernardino. d r c Commissioner Brown asked what the price points for the homes would be. U a Chris Courtney, FHII LLC, stated that they start at$350,000.00 and go up to $399,000.00 Commissioner Mulvihill brought up the condition pertaining to the decorative block. Clarified E that Chris Courtney was asking to only having decorative block visible to the public; the public being anyone outside the community, not the residence living inside the community. a Chris Courtney, FHII LLC, stated that the portion visible to the residence be precision block, which is flat, unlike split face or decorative block. He also clarified that the decorative block would be facing the street and not the interior of the community. a Page 15 of 24 10/16/2013 Packet Pg:329 6.A.f Commissioner Mulvihill stated that with this being an upscale development, he felt using decorative block throughout would be best for the residents. He mentioned that it looked like they were trying to cut corners by not adding decorative block to the houses. ci m a Commissioner Brown stated that with having owned several homes in an upscale neighborhood, he prefers having precision block due to the fact that it is easier to clean and easily maintained in al regards to landscaping. Decorative block, he said, attracts more dirt and dust and doesn't clean as N easily. U c Commissioner Machen asked about the environmental study and the particulates in the air caused by the grading. Cn Commissioner Mulvihill explained the difference between the two and how PM10 can get caught in the lungs, but PM2.5 can pass through the blood stream. He asked if there had been an r additional environmental study done. a Tony Stewart, Acting Community Development Director/City Planner said that prior to the M issuance of the grading plan that was supposed to have been met, and if it has not, it will need to M be prior to final grading plan approval. a N Chair Heasley asked that under mitigation number Air Quality AQ1, subsection 4, and as part of o the conditions, if the site was being constantly watered. r a a. Chris Courtney, FHII LLC, stated that he would expect it to be watered appropriately. Chair Heasley asked if there was someone out at the job site every day, checking the site and N making sure that nothing had gone wrong. M Chris Courtney, FHII LLC, stated that there is representation on the site every day that there is o activity. U. Chair Heasley asked if they were qualified and making sure that the site is being watered as required. c Chris Courtney, FHII LLC, stated that he would expect things to be done appropriately. L) Senior Planner Aron Liang wanted to readdress one of Commissioner Machen's questions from earlier regarding geology and soils. He stated that he was referring to the mitigation E measure in attachment F that specifically lists the requirements. He stated that the precise grading plan is under review with Land Development and that plan would require additional information w pertaining to excavation described in the mitigation measures GS1, GS2, GS3 and GS4. He asked Gary Akers for confirmation on the whether the precise grading plan had been submitted. E Senior Civil Engineer Gary Akers confirmed that it had been submitted and it is under review w but will not be approved until after the development plans are approved. a Page 16 of 24 10/16/2013 Packet Pg.330 6Af NT Commissioner Machen asked if the PM's on site were being regulated. Senior Civil Engineer Gary Akers confirmed that they were being regulated by inspectors, and v when they are insufficient they given a correction notice. He stated that the job site had two water in meters that were purchased, on the north side and south side of the tract, to provide water to the trucks on site. aD L 0 Commissioner Barnhardt asked that if the Planning Commission was policing the site, should v Cn they be policing as well. He asked if the Commission's responsibility was to monitor them. o Commissioner Machen said that it was their job as they are here to represent the public on this CO matter. He stated that with good developers, they would address any problems encountered. Chair Heasley stated that they are not policemen but they did volunteer for this position, and T that it is their job to ask the questions and ascertain that whatever developer or applicant that comes in with an issue, that we get as many facts as possible for them to make a decision based D on that particular applicant's presentation, the public's presentation to the Commission, and M questions. a Commissioner Brown pointed out that a major concern was over the AQMB and environmental N issues, but that the developer has come into the City with two projects and that these concerns N should not hinder the ability to approve this project or future development in this community. They should be given the opportunity to comply with the conditions grant them the development. a He felt the commission was not giving them ample opportunity to do so. T Commissioner Mulvihill stated that they do have letter from the public. M T Chair Heasley stated that he received a call from a citizen in that area that the project is being �o T graded, and that was his first knowledge of the project. He went to the job site to see for himself c T and saw some dust flying around, bulldozers moving around, but didn't notice a water truck. After the rain storm, he received another call from a resident that lives on Redwood, which is an ;i adjacent street, about the mud that had flowed from the site in front of the homes. He said when a developer comes in and doesn't take sufficient action to avoid the problem, to him that means that the developer may not be aware of the situation. He wanted to make sure that Chris M Courtney was aware of the slope of the land and what it was causing. He would like the v o. development to happen with the least amount of impact to the surrounding residents. 2 Chris Courtney, FHII LLC, agreed that was a goal of his as well. He said that he would be E going back to his office to discuss the matters and make sure they do not happen again. He stated that with development he understands that there will be concerns, but they do try to please a everyone as much as possible, but the minimum they could be doing is enforcing the regulations that are imposed against them, such as dust control. d E s Chair Heasley stated that that was his goal, to make sure that this doesn't impact the lives of the 2 residents too much while the project is going on. He said that you cannot have a development a without having some impact, but the dust problem was too much. Page 17 of 24 10/16/2013 PacketPgr331 6.A.f VL Commissioner Brown mentioned there was a lack of signage for a contact for the project for the public to call in the event of a problem at the site. 9 m Q Chris Courtney, FHII LLC, stated that they could have a sign up within a week with a phone number where citizens could contact the local representative for the site if need be. 0 Chair Heasley stated that it would be appreciated by the people living in that area. ci c Sherry Foredom, 6426 Ashley, Court San Bernardino, 92407, stated that she and her husband w live in the houses to the north of the project and they never saw signs addressing the dust u� problems or any problems with the site. She said there was only one sign advertising the project, but no contact information was listed. She then asked if there was going to be anything done as , far as flood prevention and proper drainage. She explained that there is already trouble with v flooding and large puddles on the streets that they have to maneuver around. a D Chris Courtney, FHII LLC, stated that with regard to the drainage, there is a system they are M installing as part of this new development. He understands her concern and knows about the water that drains onto Ohio. There will be a storm drain that will catch the majority of the water a and outlets into the water channel. N N N O Chair Heasley stated that it would go into Devil Canyon Creek. He stated that it is in the r conditions that they have to have adequate drainage to reduce flooding as directly caused by their aa. property. This does not address anything that was pre-existing. Chris Courtney, FHII LLC, agreed with Chair Heasley's statement and explanation. He stated N that with the catch basin being added, it has to form a treatment that didn't previously exist, and M it would be subject to more erosion. He said dust would roam freely prior but would happen co T anymore with the development being there. o Senior Planner Aron Liang stated that a condition should be added. The condition being that a ;i temporary sign be installed providing contact information with help on erosion control, dust control, and other site development control pertaining to this development. 2 Chair Heasley agreed and suggested that the Commission go through the individual a modifications to the conditions and approved them one by one. w Chris Courtney, FHII LLC, stated that they had already spoken about the decorative wall only E being used on the outside of the property where visible to the public. �o Chair Heasley said he had no objection either way as long as the outside is decorative. He had Q no preference on the interior walls. s Commissioner Mulvihill agreed with Commissioner Brown that the flat walls would be easier to clean. Q F Page 18 of 24 10/16/2013 Packet Pg.332 6.A.f r W Chair Heasley stated that the interior walls could be standard precision block. Chris Courtney,FHII LLC,moved onto item 16 and suggested that since the project is being in phases, change the condition to getting the lower part of the development finished with streets m Q and then move onto the upper portion. L Commissioner Mulvihill asked if it was reasonable for the developer to ask that the street be (n done in phases. U _ Tony Stewart, Acting Community Development Director/City Planner stated that as long as we have a guarantee that the developer will build the project. W N f0 Chris Courtney, FHII LLC, stated that there are bonds in place, and suggested a possible indemnification. r Commissioner Mulvihill addressed Tony Stewart and asked about the bonds that were being U provided. M 0 Chair Heasley asked if it could be part of the conditions. a N Tony Stewart, Acting Community Development Director/City Planner said that if we do that o we could amend the first part of item 16 to require the bonds be put in place prior to the occupancy then allow the rest to occur with phasing. a ca Chair Heasley asked Chris Courtney if he understood the new condition. N Chris Courtney,FHII LLC, said yes he did. 0 Chair Heasley clarified that in lieu of having the street complete, the bonds would be in place c and that everything would need to be done per the conditions set forth. LL Chris Courtney, FHII LLC,yes said yes. Commissioner Brown asked if it was proper to request barriers around the perimeter, as he had seen at another job site, as a safety measure to prevent any traffic through the undeveloped areas. U a Tony Stewart, Acting Community Development Director/City Planner deferred to Gary w Akers. d E s Chair Heasley asked if it was two phases or three phases of development. a w a Chris Courtney, FHII LLC, said there were two phases. E Chair Heasley asked if it was above and below Redwood. Q Chris Courtney,FHII LLC, said yes. Page 19 of 24 10/16/2013 'Packet Pg:333. 6:A.f Chair Heasley noted that Belmont Street might be fixed before the end of phase one. Chris Courtney, FHII LLC, said that Belmont Street is where the model homes would be, and CO that street would be complete at the end of phase one. Senior Civil Engineer Gary Akers stated that the conditions require bonds be in place sufficient to finish the improvements prior to any building permits. His concern was that some of N the streets are currently being used by neighbors, and as far as the repairs, he doesn't see them having objections to that. g w Commissioner Grochulski asked if at the end of phase one, would the streets be complete N before moving onto phase two. Chris Courtney,FHII LLC, asked if he was referring to the streets in the lower half. M a. Commissioner Grochulski said yes. U M Chris Courtney, FHII LLC, said they would be complete except for the final lift which would M be complete at the very end. N Commissioner Brown asked if the street would operable just not final. c Chris Courtney,FHII LLC, said yes. oQ. c� Commissioner Brown asked for clarification on the final lift. ti N Chris Courtney, FHII LLC, said that by doing the final lift at the very end, the streets would M look brand new. r to T Chair Heasley asked if the comments on the bonds would be sufficient. �o c Commissioner Mulvihill said that his understanding was that all the present bonds were taken U. out by Watson's firm. The work that they are asking to be done be bonded by Chris Courtney's w firm. c Henry Empefto, Jr., Senior Deputy City Attorney referenced condition 13, which requires the a. bonds that were posted by the previous owners shall be transferred to the current property owner and shall be approved by the Mayor and Common Council prior to building permit issuance. _ d E Commissioner Mulvihill stated that that's what he was concerned about. R w Chair Heasley asked for clarification on the bonds and if they were specific to the streets or the a r entire project. E Senior Civil Engineer Gary Akers said everything, streets, curbs, gutter, lights; it referred to the entire project. a Page 20 of 24 10/16/2013 Packet Pg.334' Chair Heasley asked if the City decided the price of the bonds based on current engineering estimates. Senior Civil Engineer Gary Akers said yes. Q Tony Stewart, Acting Community Development Director/City Planner added, that for the a� bonds the wording could be something to the effect of, the following street will have the following improvements and shall be bonded by the applicant prior to building occupancy. co U Chair Heasley said that we also needed to address the phasing in the bonds. He added that o Belmont should be complete in phase one. He then asked the applicant if there was any issue N with that condition. y �a U Chris Courtney, FHII LLC, said he had no issue with that condition. T Chair Heasley said that Redwood should be maintainable for the public moving back and forth a on it. D U M Chris Courtney, FHII LLC, asked about pulling an encroachment permit during construction M so that they can avoid through traffic during the point of construction on Ohio. N Chair Heasley said that Belmont should be completed before occupancy in phase one. c T Chris Courtney, FHII LLC, asked about 17-A which referred to all curb, gutter and sidewalk a being repaired before first occupancy, and referred back previous conversation regarding the modifications previously asked for and that it be changed to being done after 90% occupancy. N Chris Courtney, FHII LLC, said yes, that is correct. He said they had the maintenance period M for one year, after that, they would request the City reduce their bonds and proceed into a one year maintenance period, and at the end of the period they will have a final walk through. At that point they will make all the final improvements. Commissioner Brown asked what would the timing be for the phases. LL d w Chris Courtney, FHII LLC, said that it would be quick as they plan to be building their last c home next August. The only reason the phasing is being utilized is so the permits do not get delayed. He states that they would be starting construction and development on the second have a. by January at the latest. w _ Chair Heasley said that regarding 17-A, he stated no objections to waiting until they were at E 90% occupancy. ca Tony Stewart, Acting Community Development Director/City Planner brought up condition a 17-E which states that prior to inspection of the last three homes, which is about 90% occupancy, that they could use that same language for 17-A s Chair Heasley asked Christ Courtney if that was acceptable. a Page 21 of 24 10/16/2013 Packet Pg. 335 Chris Courtney, FHII LLC, answered yes. Commissioner Machen asked about the terrain on the hill and if it will be controlled. v m Chris Courtney, FHII LLC, said that it would be controlled. ¢ S d Chair Heasley said that if there are not personnel on site to control the terrain when it starts o raining it will escalate tremendously and it will hurt the development tremendously. N ci Chris Courtney, FHII LLC, brought up the last condition, which was 19, that stated no homes o will obtain occupancy until all conditions have been met, which due to previous conversation needs to be modified. He suggested to either have it stricken or clarification on it. N �o c� Tony Stewart, Acting Community Development Director/City Planner recommended that they add a clarifying condition. M a Chair Heasley suggested that with the clarifying condition, the development can go through a D U progressive approval by the City Engineer or other staff. c M Tony Stewart, Acting Community Development Director/City Planner suggested the wording of`or as otherwise approved by the Community Development Director or City Engineer. N N O Chris Courtney, FHII LLC, approved of the changes. ci ¢ a Henry Empeno, Jr., Senior Deputy City Attorney asked about the comments made previously about the bonds and if the Commission wasn't to change anything. He said the original bonds were in place in 2006 when the final map was approved. He clarified that the bonds that were in N place were for the entire project, and that it still needs to be in affect prior to building permit M issuance. Chair Heasley said that was correct. Chris Courtney, FHII LLC, asked if they could pull the permits necessary for their models in LL light of them pursuing the bonds. He stated that they were waiting on an agreement, but couldn't move forward until they had the agreement. He stated that they needed start moving on the c project as they would like to get the models up quickly. U O. Henry Empeno, Jr., Senior Deputy City Attorney stated that the City's position is that bonds were posted by the Watson Firm, and they still have those bonds in place. He asked if those = bonds had been released. E Senior Civil Engineer Gary Akers confirmed they had not been released. w Henry Empeno, Jr., Senior Deputy City Attorney stated that his office would like new bonds by this developer to replace the originals placed by Watson. E s Chair Heasley asked if the City was protected by default if anything were to happen. a Page 22 of 24 10/16/2013 Packet Pg.336' Henry Empeno, Jr., Senior Deputy City Attorney said yes, by the Watson bonds. He wasn't sure why Watson hadn't pushed to be released from their obligation yet.. Chris Courtney, FHII LLC, said that they were ready to post, that all they needed was the Q agreement to post. a� Chair Heasley asked for clarification on the agreement. U) Chris Courtney, FHII LLC, said it is the agreement that accompanies the bonds so that they U can post. His understanding is that it's with the City Attorney's Office. o w Henry Empeno, Jr., Senior Deputy City Attorney stated that he hadn't received such an N agreement,but that it also had to go before Mayor and Common Council first. Chair Heasley asked if we allow him to pull a building permit for the models by agreeing to a M modification. a U Tony Stewart, Acting Community Development Director/City Planner stated that the c modification would be that the bonds be transferred before the building permits be released for M the models. Q N Henry Empeno, Jr., Senior Deputy City Attorney stated that as of now, there are bonds in place that secure the City's position. This condition was drafted by Community Development for a reason. a a. C7 Tony Stewart, Acting Community Development Director/City Planner said that it was put in place to remove the issue of the civil matter and other problems that could complicate this N development. If we did not require that,he recommended striking item B altogether. M T Chair Heasley asked what would happen if we did that. 0 Tony Stewart, Acting Community Development Director/City Planner said that would bring = us back to where we are now and Watson would be holding the bonds and it would become a LL civil matter if the bonds needed to be called by the City. He said Watson would essentially be responsible. c Chair Heasley asked if the bonds were sufficient enough to cover the streets. as M Senior Civil Engineer Gary Akers said yes. as E Chair Heasley said that he had no objection to striking 13-13. w Senior Civil Engineer Gary Akers asked if they intended to strike 13-B altogether. a r C d Chair Heasley said yes. E v �a Henry Empeno, Jr., Senior Deputy City Attorney suggested modifying 13-B so that prior to a building permit issuance for houses other than the three models. Page 23 of 24 10/16/2013 Picket g.337 Chair Heasley found that suggestion to be acceptable. Commissioner Mulvihill made a motion to approve Development Permit-P 13-07 with Q modifications to the Conditions of Approval, based on the Findings of Fact contained in the Staff Report unless a written appeal is filed, with the appropriate fee, within 15 days of the Planning d Commission action, pursuant to Section 19.52.100 of the Municipal (Development) Code. o Cn Commissioner Grochulski seconded the motion. v 0 The motion carried by the following vote: Ayes: Barnhardt, Brown, Durr, Grochulski, Heasley, N Mulvihill, Machen, Lopez. Nays: None. Abstain: None. Excused: Durr. Absent: Jimenez. C7 NON-PUBLIC HEARING ITEMS T None a. PLANNING COMMISSION REPORTS/ANNOUNCEMENTS M O None M Q ACTING DIRECTOR'S REPORT N N O Announced that October is Planning Month r a a Announced winning the APACA Award for the TD Overlay. �? v ti N ADJOURNMENT M 7 Chair Heasley made a motion to adjourn the Planning Commission meeting, Commissioner Grochulski seconded the motion which was unanimously carried, at 8:55 p.m. The next regular ° meeting was scheduled for Wednesday, November 20, 2013 at 6:00 p.m. in the Council Chambers, First Floor, 300 North"D" Street, San Bernardino, California. LL d r Minutes Adopted by Planning Commissioners: _ Date Approved: a Minutes Prepared by: d E �a r a c Stephanie Sanchez E Executive Assistant 0 a Page 24 of 24 10/16/2013 Packet Pg. 338 6.A.g CITY OF SAN BERNARDINO NOTICE OF PUBLIC HEARING BEFORE THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBJECT: GENERAL PLAN AMENDMENT 13-02, ZONING MAP AMENDMENT Ward No. 6 m 13-03 & CONDITIONAL USE PERMIT 13-14 a PROPOSAL: A request to amend the General Plan Land Use Map for a 10,600-square foot project site from o Single-Family Residential to Commercial, to amend the site's zoning from Residential Suburban (RS) to c6n' Commercial General (CG-1), merge four parcels into one parcel, and construct a gas station with a 2,789- square foot convenience store with a Type 20 ABC license, located at the southeast corner of Medical Center 2 r Drive and Baseline Street. Cn 0 OWNER: Pioneer Baseline Plaza cM APPLICANT: ICO Real Estate Group Environmental Recommendation: Exempt from CEQA - Section 15332 - Infill Development A T 0. PUBLIC HEARING LOCATION: HEARING DATE AND TIME: San Bernardino City Hall M Council Chambers Monday, November 18, 2013 at 4:00 p.m. M 300 North "D" Street or thereafter Q San Bernardino, California 92418 N You are receiving this notice because the project site described N I above is within 500 feet of your property. If you would like further M information about this proposal prior to the public hearing, please contact the Planning Division at(909)384-5057. (L �8 You are welcome to attend the public hearing and address the Mayor X r and Common Council with your comments on this proposal, or you p ti may submit written comments in favor of or in opposition to the proposal to the Planning Division, City Hall, 300 North "D" Street, m San Bernardino, CA 92418. tll! v O Decisions of the Planning Commission are final concerning Z Conditional Use Permits, Development Permits, Tentative Tract B A S E —L( NN E}—S T = W Maps and Variances, unless appealed to the Mayor and Common 1 H TT _JCouncil. Appeals to the Mayor and Council must be made in PROJECT SITE writing, stating the grounds of the appeal and must be submitted to Q v the City Clerk along with the appropriate fee within fifteen days of Z the decision. H - �'— o. tn 1W _ >; U Final review and action concerning General Plan Amendments, Y Q a g Development Code Amendments, Specific Plans and Development p o Z Z' 1 Agreements will be made by the Mayor and Common Council. J � 'Z �� � � � �� Z r c If you challenge the resultant action of the Mayor and Common ¢ E Council in court,you may be limited to raising only those issues you 11TH ST 11TH ST or someone else raised at the public hearing described in this notice, ( t4 or in written correspondence delivered to the City Planning Division r at, or prior to,the public hearing. ( � Q Individual testimony on agenda items will be strictly limited to three = minutes per person. M .r The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact Q Facilities Services(384-5244)two working days prior to the meeting with any requests for reasonable accommodation, to include inte reters. Packet Pg.339 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING ZONING MAP AMENDMENT 13-03, TO CHANGE THE ZONING DESIGNATION OF 3 PARCELS 0139-051-10 AND 15 FROM RESIDENTAL SUBURBAN (RS) TO 4 COMMERCIAL GENERAL(CG-1). 5 WHEREAS,the current Development Code was initially implemented in 1991; and v m 6 WHEREAS,the current General Plan was initially implemented in 2005; and Q 7 WHEREAS, on October 16, 2013, the Planning Commission of the City of San 0 8 Bernardino held a noticed public hearing to consider public testimony and the staff report m U 9 recommending approval of Zoning Map Amendment (ZMA) 13-03, and recommended = 0 approval of the proposed Zoning Map Amendment to the Mayor and Common Council; and 10 m WHEREAS, notice of the public hearing for the Mayor and Common Council's a 11 CD consideration of the proposed Ordinance was published in The Sun newspaper on November 12 7, 2013, r 13 U � M 14 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE M a 15 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: � N 16 N O 17 SECTION 1. The Mayor and Common Council find that the above-stated Recitals a 18 are true and hereby adopt and incorporate them herein. 19 SECTION 2. Findings of Fact. 20 N 1. The proposed amendment is consistent with the General Plan Land Use Policy 2.2.1 that .� 21 0 requires compatibility between land uses and quality design in that the proposed project has designed with unifying a g Eying architectural design elements and will be compatibl e 22 been desi with other 23 commercial buildings located to the north of the project site and the residences to the south. 24 Economic Development Policy 4.1.1 seeks out businesses that create jobs and generate sales Q 25 tax revenue in that the proposed project will create job opportunities and commercial service 26 opportunities within the City and will contribute to the renewal of economic vitality of the 27 area by providing a venue for gas and commercial goods and services for that area. 28 1 Park e#Pg.340 6.A.h 1 2. The proposed amendment does not cause changes that would be detrimental to the public 2 interest, health, safety, convenience, or welfare of the City, in that the properties subject to the proposed amendment are located in an urbanized area, on an arterial corridor with a full array 3 of services available and the change in zoning designation of the site from RS to CG-I will 4 maintain a commercial land use classification on the site. 5 L) m 6 3. The proposed amendment would maintain the appropriate balance of land uses within the 7 City, in that as noted in Findings I and 2, above,the change in zoning designation of the subject 0 8 site from RS to CG-1 will maintain the commercial General Plan land use designation for the N U 9 site. Thus,the balance of land uses in the City will not be affected by this proposal. o 10 4. The subject parcels are physically suitable(including,but not limited to,access,provision 11 of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the 12 requested land use designation(s) and the anticipated land use development(s). The project site T a 13 � consists of four individual parcels that are proposed to be consolidated into one, 1.16-acre parcel. 14 The proposed amendment area is bounded by developed, dedicated streets and existing M 15 infrastructure suitable for commercial development. All required utilities and public services N 16 could adequately serve the site. Therefore, the subject parcels are physically suitable for the Cn requested zoning designation and the anticipated land use development. a 17 a 18 SECTION 3. Zoning Map Amendment 13-03, attached hereto as Exhibit A and N 19 _. incorporated herein by reference, is hereby approved. T- 20 N 21 SECTION 4. Compliance with the California Environmental Quality Act. The 0 22 Mayor and Common Council finds that the proposed Zoning Map Amendment is exempt from E 23 the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA r 24 Guidelines, Infill Development, as the submitted project plans and supporting data indicate Q 25 that there will be no significant adverse effect on the environment. 26 27 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or 28 clause or phrase in this Ordinance or any part thereof is for any reason held to be 2 PacketPg 349x ' i I unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 2 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 4 clauses,or phrases be declared unconstitutional, invalid, or ineffective. 5 m 6 a 7 8 U 9 s 10 N R 11 � 12 M T a 13 M 14 M r 15 N 16 q M r 17 aa. 18 ti 19 20 N 21 0 w 22 E 23 24 a 25 26 27 28 3 *Packet Pg;342 1 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING ZONING MAP AMENDMENT 13-03, A REQUEST TO CHANGE THE ZONING 2 DESIGNATION OF PARCELS 0139-051-10 AND 15 FROM RESIDENTAL SUBURBAN(RS) TO COMMERCIAL GENERAL (CG-1). 3 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2013,by the following vote to wit: m 6 a 7 Council Members: AYES NAYS ABSTAIN ABSENT o 8 co MARQUEZ g o JENKINS 10 11 VALDIVIA c� 12 SHORETT A T CL 13 VACANT c=� M 14 JOHNSON 15 MULVIHILL N 16 0 M r 17 aa. 18 Georgeann Hanna, City Clerk ti 19 20 The foregoing Ordinance is hereby approved this day of N 2013. 'a- 21 0 22 E 23 PATRICK J. MORRIS,Mayor 24 Approved as to form: City of San Bernardino a Gary D. Saenz, 25 City Attorney 26 27 28 4 Packet Pg.343 (OBV IM-O►S•O UORMS Se0-"-£tdf10!£0-£LVWZIzo-£LVdo:wa) £0'£L Vwz V;!4!4X3-PJO c;u®wgoe»V �Xo� - Zw � Z e — Q z�°o uqj l]�u w O a S„7 ids �e °a o LU o jd 7 Gl c�M z z- �ME 7 V0 ' > Ln F — — — z _ dNb'f1fdI,L — � f �I �7 N i IO W II a :2 LL zQ A L c� a ¢� ¢? II L I J Co ID <> �AMG -dafN�� L4 I o� Mo Mo x =momj r° mLL 0 �I =0Ix ��oKd'�I� II moa�tn ao zr I I s O a� < z w 0 iOm� N G N K �Z C�pZZ OC Z L QL z � Z c9 m O� Nam p O is E �!�} n- z i -g-8z-7 OU o"Y a5 m upN o11 o Fo "I, s � ®o�_� N