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7.A DOC ID: 2914 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Conditional Use Permit From: Tony Stewart M/CC Meeting Date: 02/03/2014 Prepared by: Georgeann"Gigi" Hanna, Dept: Community Development Ward(s): 6 Subject: Yasin's Arco-2696 West Foothill Boulevard- CUP 13-25 (#2914) Current Business Registration Certificate: Yes Financial Impact: Account Budgeted Amount: <<Insert Amount>> Account No. «Inert Account No.>> Account Description: «Inert Account Description Balance as o£ «Inert Date>> Balance after approval of this item: «Inert Amount>> Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Discuss and take possible action. Synopsis of Previous Council Action: None. Background: Conditional Use Permit 13-02 was a request to modify previously approved CUP 95-22 to legalize a 650-square foot addition to an existing 1,281-square foot snack shop. The project site is located at 2696 Foothill Boulevard in the Commercial General (CG-1) zone. However, since the gas station is considered a non-conforming use, due to the lot size being less than the required minimum 15,000 square feet, and the unpermitted addition not meeting the required minimum 10-foot setback, pursuant to Development Code Sections 19.06.030 (2) (T) (2) and 19.06.030 (1) (B), Table 06.02, respectively, the Planning Commission denied CUP 13-02 at their public hearing meeting on August 21,2013. Refer to Attachments A and B. On November 29, 2013, CUP13-25 was submitted to legalize a 650-square foot addition to an existing 1,281-square foot snack shop with revisions to meet certain Code requirements. The CUP application was submitted as a good faith commitment to determine if a Code Amendment to eliminate the minimum lot size requirement would be supported by the Mayor and Common Council At the request of Council Member Johnson, who represents the Ward in which the subject property is located, staff is preparing a Development Code Amendment to eliminate the minimum lot size requirement. Staff believes that this request can be supported in that this minimum lot size requirement is not typical of other commercial uses and the other development standards for the construction of gas stations (i.e., setbacks, parking, landscaping, etc.) would continue to ensure quality design of gas stations. Further, the elimination of the minimum lot size standard as well as the developers' typical internal requirements (particularly sufficient room to Updated: 1/28/2014 by Aron Liang I Packet Pg. 588 7.A 2914 allow truck to maneuver on-site) would be sufficient to dictate quality design of gas stations without the need to have a minimum lot size. A Development. Code Amendment subject to approval by the Mayor and Common Council would enable and facilitate the construction of new and/or remodel of existing gas stations, such as the subject station, to upgrade and improve their facilities. Council Member Johnson requested that this item be presented to the Mayor and Common Council for informational purposes. A Development Code Amendment has been scheduled to be heard by the Legislative Review Committee (LRC) on February 4, 2014, and will proceed per the process to the Planning Commission for a recommendation and to the Mayor and Common Council for final action as required by the Development Code. Refer to Attachment C. In the event that the Mayor and Common Council should support this Code Amendment, staff would process a Development Code Amendment and CUP 13-25 concurrently through the process to the Planning Commission and to the Mayor and Common Council for final action as required by the Development Code Section 19.31.010,Table 31.01. ■ Attachments: A-Planning Commission Staff Report Dated August 21, 2013. B -Planning Commission Minutes August 21,2013. C -Memo to Legislative Review Committee Dated January 21, 2014. Supporting Documents: 2914 Attachment A (PDF) 2914 Attachment B (PDF) 2914 Attachment C (PDF) Updated: 1/28/2014 by Aron Liang Packet Pg.589 Agenda Item #4 PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION N d N CASE: Conditional Use Permit No. 13-02 ° a L HEARING DATE: August 21, 2013 a. WARD: 6 ° APPLICANT: ENGINEER: Ali Yasin Hector Moreno 0 22975 Orangewood Court FDC & Associates Corporation = Grand Terrace, CA 92313 236 W. Orange Show Road#105 (951) 232-1606 San Bernardino, CA 92408 (909) 388-7200 d Hector.moreno @fdccorporation.com o m REQUEST/LOCATION: o U- A request to modify previously approved CUP 95-22 to legalize a 650-squarefoot addition to an existing 1,281-square foot snack shop. The project is located at 2696 Foothill Boulevard in the Commercial General (CG-1)land use district. N Assessor Parcel Number: 0142-522-07 a U CONSTRAINTS/OVERLAYS: rn N_ Project is located on the Historic Route 66 Highway a r m E ENVIRONMENTAL FINDINGS: ° a ❑ Not Subject to CEQA ® Exempt from CEQA, Section 15301 —Existing Facilities ❑ No Significant Effects ❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan E STAFF RECOMMENDATION: a ❑ Approval ❑ Conditions ® Denial ❑ Continuance to: Packet Pg. 590 Hearing Date: 08.21.13 CUP 13-02 Page 2 PROJECT DESCRIPTION The applicant requests approval of a Conditional Use Permit under the authority of Development Code Section 19.06.020, to add 650 square feet to an existing 1,281-square foot snack shop. The existing gas station operation will be maintained. There is no Alcoholic Beverage Control license proposed with this application. The project site is located at 2696 Foothill Blvd, in the o CL Commercial General (CG-1) land use district (Attachment A). a The gasoline service station was constructed in 1964 and consists of a snack shop with a cashier area. On January 3, 2013 the applicant received a Notice of Violation for unpermitted °— M construction of 650-square foot addition to the snack store. The applicant is requesting to E legalize the addition to the existing permitted snack shop. 2 L Substantial site improvements would include: L R • Legalizing the unpen-nitted addition (However, note since a 10-foot setback is >� required between the addition and the westerly property line; the addition must be m reduced in size). _ • Placement of new Historic Route 66 identification tiles on the building frontage :E 0 and sidewalk on Foothill Blvd. U- • The addition of handicap bypasses on all drive approaches. N • Screen the existing vapor recovery unit N • Upgrades to ADA parking and site accessibility. LO • New parking stalls and loading zone. M • New refuse enclosure with landscaped island to meet current standards. a • Rehabilitate and paint building exterior to match the existing building v architecture. Additional parking stalls are proposed to be added to adjacent property to the north of the project site to accommodate the expansion of the snack shop use (Attachment B). The proposed business Q employs approximately five people, and would be open 24 hours. SETTING/SITE CHARACTERISTICS Y a The project site is approximately 14,720 square feet in size and contains an existing gasoline service station that is situated at the northeasterly corner of Foothill Blvd. and Meridian Avenue. Table 1, below, summarizes the zoning and existing General Plan land uses for the site and surrounding properties. E �a Y Y Q Packet Pg.591 Hearing Date: 08.21.13 CUP 13-02 Page 3 TABLE I 'L,OCATI . , � () IC � EXISTING LAkYD USE LA1 �ul N O Subject Site Commercial General Commercial Gasoline Service Station (CG-1) . O North Commercial General Commercial Car Wash Facility E (CG-1) L South Residential Urban Single Family Existing Single Family 0 (Across Foothill (RU) Residential Residences ca Blvd) O M East Commercial General Commercial Multi-Tenant Commercial = (CG-1) Center :E 0 O LL West Commercial General Commercial Tire Shop 0 (Across Meridian (CG-1) N Ave) n tn N M a D U BACKGROUND �r rn • January 24, 1964 - Certificate of Occupancy No. 6036 for a Service Station was issued. • January 16, 1990 - Certificate of Occupancy No. 625738 was issued for Sales Office and a Storage area. d • November 21, 1995 - The Planning Commission approved Conditional Use Permit 95-22 to permit re-use of an existing service station with auto repair and ancillary snack shop, but without the convenience store and alcohol sales component. Q • January 3, 2013 - Notice of Violation issued for unpermitted addition built on the westerly side of the property. N Y • February 13, 2013 —Conditional Use Permit (CUP) 13-02 was submitted. • April 23, 2013 — A letter requesting Mr. Yassin submit a variance application for s inadequate setback. 2 • April 25, 2013 — CUP 13-02 was reviewed by the Development/Environmental Review a Committee (D/ERC) and the item was moved to the Planning Commission for consideration(See Attachment E). • May 9, 2013 —Notice to the property owners and residents within 500 feet of the exterior boundaries of the subject site were mailed. A legal advertisement was sent to San Bernardino Sun Newspaper for publication on May 7, 2013. Packet Pg. 592 Hearing Date: 08.21.13 CUP 13-02 Page 4 • May 23, 2013 — The Planning Commission approved a request by the applicant that CUP 13-02 be continued to the Planning Commission hearing on June 19, 2013. • June 13, 2013 — The Planning Commission approved a request by the applicant that CUP 13-02 be continued to the Planning Commission hearing on June 19, 2013. • July 11, 2013 — The Planning Commission approved a request by the applicant that CUP 13-02 be continued to the Planning Commission hearing on July 17, 2013. • July 29, 2013—Letter to Mr. Yassin providing status of CUP 13-02. $ L a. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) c The Development/Environmental Review Committee (D/ERC) reviewed the proposal on April E 25, 2013 and determined that the project is exempt from environmental review pursuant to CEQA §15301 for Existing Facilities. The project was moved to Planning Commission for o consideration. T d ANALYSIS m° Conditional Use Permit o The applicant is requesting approval of a Conditional Use Permit to legalize the 650-square foot U. snack shop addition to the existing snack shop and gasoline service station. The existing M gasoline service station was built in 1963 with approved building permits, and was later N approved with auto repair and ancillary snack shop without the convenience store and alcohol LO sales components under Conditional Use Permit 95-22. The request to modify the original N M Conditional Use Permit for the legalization of the addition would increase the snack shop from 550 square feet to 1,150 square feet and would require approval of a Conditional Use Permit in D the Commercial General (CG-1) zone. However, there are several deficiencies regarding with the site's relationship to the Development Code, as discussed on Page 5, below. N Site Plan: The current application would provide a new refuse enclosure with added landscaping, a upgraded ADA parking and accessibility as well as placement of new Historic Route 66 identification tiles on the building frontage and sidewalk on Foothill Boulevard. _ ca Landscaping a The site plan provides 20.18% (1,880.27 square feet) landscape of on-site landscaping. Fifteen percent is required per Development Code Chapter 19.28, Landscaping Standards. N Parking: The site plan has been designed to provide 13 parking stalls at a ratio of one space for E each pump island, plus one space for each service bay as well as one space per 250 square feet of gross floor area per Section 19.24.040 of the Development Code. a Code Violation History: As described in the Background, the City's records show that on January 22, 2013, the subject site has been cited by Code Enforcement for an illegal expansion/addition. Packet Pg.593 -- --- Hearing Date: 08.21.13 CUP 13-02 Page 5 Code Deficiencies: • Per Development Code Section 19.06.030 (2) (T) (2), the minimum parcel size for a service station shall be 15,000 square feet, with a minimum street footage of 100 feet on each street. The submitted site plan shows that the subject site is only 14,720 square feet o (115' x 128'). The applicant has stated that he would acquire the balance of 280 square 3 feet from the abutting property to the north of the subject site to comply with the Code a. requirement that the subject parcel be at least 15,000 square feet in size. To date, no 0 property acquisition proof has been submitted to comply with the 15,000-square foot Code requirement. E 0 c • Development Code Section 19.26.030 requires that one loading space (15' x 19') be o provided. The submitted site plan shows that no loading space has been provided. a L • The submitted site plan shows that the project site will provide a 10-foot landscape setback on the street side. However, an actual field measurement indicated that the m unpermitted structure has encroached into the 10-foot landscape setback by three feet. _ s 0 Staff has explained to the applicant on many previous occasions that these Code deficiencies ,° would require filing of a Variance application, subject to approval by the Planning Commission. o Currently, no Variance application has been submitted as companion application to CUP 13-02. CO As explained in the Background, the Planning Commission has already granted three N continuances; however, due to lack of commitment on the applicant's part, and an unresolved illegal/unpermitted expansion, staff has proposed that CUP13-02 move forward with a recommendation for denial for Planning Commission consideration. v FINDINGS OF FACT N_ 1. The proposed use is conditionally permitted within the subject land use district and complies Q with applicable provisions of the Development Code, but the project may impair the integrity and character of the subject zone. E ca The proposed snack shop expansion, which will be ancillary to the gasoline service station, and a is a conditionally permitted use under the Commercial General (CG-1) zone. The site is consistent and compatible with existing commercial development in the vicinity as noticed in c°'•, Table 1, above. In addition, the proposed project will bring the unpermitted construction on site into conformance with the 2010 California Building Code, Title 24 ADA Accessibility. E However, as proposed, the submitted site plan does not comply with Development Code as discussed in the Analysis for: 1) parcel size, 2) loading space requirement, 3) street side setback, .2 and 4) on-site circulation access. Due to Code deficiencies,the proposed expansion would impair the integrity and character of the commercial site and the subject zone. Packet Pg. 594 �NWfYI Hearing Date: 08.21.13 CUP 13-02 Page 6 0 2. The proposed use is not consistent with the General Plan. The proposed expansion would not be consistent with Policy 2.2.1 "ensures compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element. " This C provision of the General Plan emphasizes the importance of land use compatibility and the o 0. quality of designs with the existing and future land uses within the subject site. The unpermitted addition was not reviewed, permitted nor inspected by the City of San Bernardino's Community a Development Department. In addition, the project site does not comply with the Development = Code as discussed in the Analysis. Therefore, the proposed project would not promote the design W standards that provide for compatible uses and a quality environment within the subject site. This E conflict indicates inconsistency of the proposed project with the General Plan. L 3. Approval of the Conditional Use Permit for the proposed use complies with the requirements ° of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. 0 The Development/Environmental Review Committee reviewed the project and determined that it CO is exempt from CEQA requirements per §15301 for existing facilities. Additionally,the proposal is in compliance with the requirements of Section 19.20.030(6) of the Development Code. 0 co 4. There will be no potentially significant negative impacts upon environmental quality and N natural resources that could not be properly mitigated and monitored. N There are no anticipated negative impacts to environmental quality and/or natural resources. The project site is already developed, and is located in an urbanized area with commercial and a residential land uses along Foothill Boulevard and Meridian Avenue. As proposed, the project would not result in any significant environmental impacts. The site is adequately services by all M required utilities and public services. a 5. The location, size, design, and operating characteristics of the proposed use are not compatible with the existing and future land uses within the general area in which the E proposed use is to be located and will create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or Q adverse to the public interest, health, safety, convenience, or welfare of the City. N The proposed expansion presents several issues as the project site does not comply with Development Code. As mentioned in Findings No. 1 and 2, above, the proposed expansion E would not be compatible with existing and future commercial uses within the subject site, which 0 will be objectionable and detrimental to other commercial uses already established in the a surrounding area. Packet Pg.595 7.�.a Hearing Date: 08.21.13 CUP 13-02 Page 7 6. The subject site is not physically suitable for the proposed type and density/intensity of use. The site is not physically suitable for the type and density/intensity of the project being proposed as evidenced by the project's non-compliance with all applicable Development Code Standards as noted in the Analysis. There are physical constraints (i.e., minimum lot size) that would limit the expansion on the site as proposed. Therefore, the site is not physically suitable for the 0 CL proposed project. a 7. There are adequate provisions for public access, water, sanitation, and public utilities and o public services to ensure that the proposed use would not be detrimental to public health and safety. E 0 c The developed property is located in an urbanized area, adjacent to Foothill Boulevard and Meridian Avenue and accessible to a full range of public services and utilities. Establishment of the proposed project subject to the Conditions of Approval will not be detrimental to public services or public health and safety. 0 CO CONCLUSION = r 0 Due to the design conflicts and lack of compliance with the Development Code, the proposed �0 project does not satisfy all Findings of Fact required for approval of Conditional Use Permit No. 13-02. N N LO RECOMMENDATION N M r Staff recommends that the Planning Commission deny Conditional Use Permit No. 13-02 based v on the Findings of Fact contained in the Staff Report. Respectfully Submitted, a e E Senior Planner Q rn N Approved for Distribution: E Tony Stewart, AICP Acting Community Development Director Attachment A—Location Map and Aerial Map Attachment B—Site Plan and Floor Plan Attachment C—Letter Dated July 29,2013 to Mr. Yassin providing Status of CUP 13-02 Attachment D—Notice of Public Hearing Packet.Pg. 596 7.A. ATTACHMENT A —LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: CUP 13-02 NORTH LOCATION MAP Lo HEARING DATE: 08/21/13 a o_ m ca E 0 c L 0 ul co L N C z O 0 LL to N Y N ui M r a D U rn FOOTHILL BLVD Q c E v Q « N r .. C .' E s V t6 w .r Q " _12TO6 r Packet Pg. 597 7.A.a ATTACHMENT A -LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: CUP 13-02 LOCATION MAP NORTH HEARING DATE: 08/21/13 CL 0 a o L p 4� L �Q MO W v o c LL m N N M a a rn N Q C N E s U Q �a N C g _ V Q 4 Packet Pg. 598 NOISIAIa'IYi ni.321IHOHY &VW1W UMMIK NOIZYEOdlO '4 vu vu NoLueff _ . _ ...... - ATTACHMENT B SSZVO6SViJCId pEpp� Ell ox ox 00o aoa ooa®000 ` 0 J � o lil a S 9 S % g a 9 g g 0 ss a m i I LL to I O } r -1 T , T-'[ CD Q I I t © I M I q _ r--=pi rah b _ ! �L F E ( L----J L- L ---J L- m EF _ T Y r I I I m N 3: d Ig- 3t z �— R it 3nvrmlaia3w PacketaP 59'9 g NOISIAW"IVxnt:)aixH:mv aerod '9,u �5 g fro e..amww,,..,er WSVArlvX'1 g3 p3- �i 3 a PO NSaLVDOSSV it Xw a W Fill 2 e gal N f i $ O. so I a000a00000000a000aaoo � ��_$ �, � Y - - -, a 9 3 _ a , tC N 3 i i y k l0 N � 4 T x � T.11 cc i e � I } cc _ 9' G o CL it ;� .� •i � y � w CD W E Z �' ' z= { R Ix W g v �. o „ 7.A.a xotsania Iva(IcDatixoxv sN®anIYA31v3 a`ggS mks g=„ F1 > g 6mosE Q NOI.L tlNOddO:) 4x„ � b & 0 0 Z £ $ Y i W (DGE)se0 0 O Q rw :3 a. O E O Z O - --------- - O z ° a LU 0 W Q W § O LL 1�f� G 0 LL _ ..... N to N M r a M - T 3 �.. q. a) 3- +� aN N CO Z O F- t3 W W � Q N O � W LL R ao N+11 Packet Pg.601 7.A.a . ATTACHMENT C COMMUNITY DEVELOPMENT DEPARTMENT 300 North"D"Street•San Bernardino•CA 92418-0001 Planning&Building 909.384.5057 •Fax:909.384.5080 San Bernar ino www.sbcity.org sM 0^ ice(. L July 29,2013 a 0 Ali Yassin 0 22975 Orange Court E 0 Grand Terrace,CA 92313 = L 0 SUBJECT: CONDITIONAL USE PERMIT (CUP) 13-02 — A REQUEST TO MODIFY PREVIOUSLY APPROVED CONDITIONAL USE PERMIT 95-22 TO LEGALIZE A 650-SQUARE FOOT ADDITION TO AN o EXISTING 1,281-SQUARE FOOT SNACK SHOP, LOCATED AT 2696 m FOOTHILL BOULEVARD IN THE COMMERCIAL GENERAL(CG-1) LAND USE DISTRICT. o U_ co Dear Mr.Yassin: o The purpose of this letter is to provide a status of CUP 13-02, a request to legalize a 650- N square foot addition to an existing 1,281-square foot snack shop. The above referenced M site as approved by the Planning Commission on November 21, 1995 under CUP 95-22 a. contains an existing service station with auto repair and ancillary snack shop,but without the convenience store and alcohol sales component. As you are aware, an application for a Conditional Use Permit (CUP 13-02) was FSL submitted to obtain approval of an addition to the subject service station that was constructed without permits. CUP 13-02 was scheduled for review by the Planning Commission on May 22, 2013. However, pursuant to Development Code Sections 19.06.030 (2) (T) (2), Services Station Standards, and 19.24.040, Number of Parking y Spaces, you requested that CUP 13-02 be continued to the Planning Commission hearing on June 22, 2013, in order to allow additional time to resolve meeting Code requirements N and project submittals. On June 21, 2013, you requested again that the item be continued to the Planning Commission hearing on July 17, 2013. On July 17, 2013, again you W requested that the item be continued to the Planning Commission hearing on August 21, U 2013, attached for reference. 2 Q Specifically,Development Code Section 19.06.030(2)(T) (2), Service Station Standards, requires that the minimum parcel size shall be 15,000 square feet,with a minimum street footage of 100 feet on each street. The submitted site plan shows that the subject parcel is approximately 14,720 square feet (115' x 128'). You indicated that you would acquire the balance of 280 square feet from the abutting property to the north of the subject site to Packet Pg. 602 7.A.a Ali Yassin CUP13-02 July 29, 2013 Page 2 of 3 comply with the Code requirement that the subject parcel be at least 15,000 square feet in size. Presently, no property acquisition proof has been submitted to comply with the 15,000-square foot code requirement. N In addition,Development Code Section 19.24.040, Number of Parking Spaces Required, o requires that a minimum parking of five parking stalls be provided for the proposed 650- �- square foot addition. The submitted site plan shows that the proposed five parking stalls a would be provided on the abutting property to the north of the subject site. You indicated that a reciprocal access and parking agreement with the adjacent property owner to the °- north of the subject site would be provided to comply with the number of parking spaces E required. No reciprocal access and parking agreement proof has been submitted to resolve access and parking requirements for the subject site. � 0 Due to Code deficiencies (inadequate parcel size and parking) cited above, CUP 13-02 cannot be processed as proposed. However, as discussed with you on several previous > occasions, you may submit a Variance application for processing, subject to approval by o the Planning Commission. The processing fee is $928.20. A Variance application is 00 available online at the City's web:www.sbcity.org. 0 0 CUP 13-02 was submitted on February 7, 2013 with paid processing fee of $7,701.11 (Receipt No. R13000821), attached for reference. You may request to withdraw the N application,if you do not wish to proceed with the requirements. However,no refund will be issued for CUP 13-02 in that such application fees are non-refundable and staff has N spent a great deal of time processing this application to date (meetings, Planning Commission, staff report analysis and preparation, etc.). In the event that you should a. D obtain a reciprocal access and parking agreement and the needed additional property from the abutting site to the north, CUP 13-02 can move forward for review by the Planning Commission hearing on August 21, 2013,with staff recommendation for approval. N a Should you have questions, please call me at 909.384.5057, ext. 3332 or at Liang ar(a,sbcity.org. E U R Y Sincerely, N C d Aron Liang Senior Planner a cc: Rikke Van Johnson,Ward 6 Councilman Allen Parker, City Manager Tony Stewart, Acting Director JOCUP 13-02 Packet Pg. 603 7.A.a Ali Yczssin CUP]3-02 July 29, 2013 Page 3 of Attachments: Interoffice Memo to Planning Commission on May 22,2013 Interoffice Memo to Planning Commission on June 21,2013 Interoffice Memo to Planning Commission on July 17,2013 CUP 13-02 Receipt No. R13000821 0 0. L 0 a c 0 E L 0 L O L Q� M0 W Y 0 0 U. N to N M a. U CD N a Y 0 E V Y Q r N Y 0 E U Q I, P- Y I. I. Packet Pg. 604 7.A.a AGENDA ITEM #: 5 CITY OF SAN BERNARDINO Community Development Department—Planning Division Interoffice Memorandum 0 Q. TO: Planning Commission 3 a FROM: Laura Weidemann, Assistant Planner 0 Y SUBJECT: Conditional Use Permit No. 13-02 E 0 ATE: May 23,2013 0 R COPIES: Tony Stewart Director; Donn Dimichele, Deputy City Attorney d 0 m The project applicant has requested that this item be continued to June 19, 2013. The applicant requests additional time to complete project submittals. o LL Recommendation: N That the Planning Commission continue Conditional Use Permit Modification No. 13-02 to June 19,2013. M a D U N Q w C d E t V Q r N r C 4f E L U IQ r Q Packet Pg. 605 AGENDA ITEM #3 CITY OF SAN BERNARDINO Community Development Department—Planning Division Interoffice Memorandum a 0 Q. TO: Planning Commission a FROM: Aron Liang, Senior Plann o SUBJECT: ITEM #3 — CONDITIONAL USE PERMIT 13-02 — A REQUEST TO E 0 MODIFY PREVIOUSLY APPROVED CUP 95-22 TO LEGALIZE A = 650-SQUARE FOOT ADDITION TO AN EXISTING 1,281-SQUAB .0 FOOT SNACK SHOP, LOCATED AT 2696 FOOTHILL BOULEVARD -a IN THE COMMERCIAL GENERAL(CG-1) LAND USE DISTRICT. > d DATE: June 13,2013 m° COPIES: Tony Stewart,Acting Director; Henry Empefio Jr., Senior Deputy City 0 Attorney U- cm The project applicant has requested that this item be continued to July 17, 2013. The N applicant requests additional time to resolve code requirements. M a U Recommendation: That the Planning Commission continue Conditional Use Permit 13-02 to July 17,2013. N a E Y a r N Y E V i+ r a Packet Pg.606 i AGENDA ITEM #2 CITY OF SAN BERNARDINO Community Development Department—Planning Division N Interoffice Memorandum N 0 CL L TO: Planning Commission a. M FROM: Aron Liang, Senior Planne E SUBJECT: ITEM 42 — CONDITIONAL USE PERMIT 13-02 — A REQUEST TO 0 MODIFY PREVIOUSLY APPROVED CUP 95-22 TO LEGALIZE A L 650-SQUARE FOOT ADDITION TO AN EXISTING 1,281-SQUAB 0 FOOT SNACK SHOP, LOCATED AT 2696 FOOTHILL BOULEVARD R IN THE COMMERCIAL GENERAL(CG-1)LAND USE DISTRICT. z 0 DATE: July 13,2013 COPIES: Tony Stewart, Acting Director; Henry Empeno Jr., Senior Deputy City �0 Attorney to N r R The project applicant has requested that this item be continued to August 21, 2013. The N applicant requests additional time to resolve site design requirements. a U Recommendation: N_ That the Planning Commission continue Conditional Use Permit 13-02 to August 21, a 2013. _ a� E Q N C d E .0 V f� r Q Packet Pg.607 7.A.a CITY OF SAN BERNARDINO ATTACHMENT D NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNARDINO PLANNING COMMISSION SUBJECT: CONDITIONAL USE PERMIT 13-02 in No. 6 PROPOSAL: A request to modify previously approved CUP 95-22 to legalize a 650- square foot addition to N an existing 1,281- square foot snack shop, located at 2696 West Foothill Boulevard, in the Commercial General a L (CG-1) land use a OWNER/APPLICANT: Mr. Ali Yasin 0 0 ENVIRONMENTAL RECOMMENDATION: The project is exempt from CEQA under Section 15301, Existing m Facilities. E 0 c PUBLIC HEARING LOCATION: HEARING DATE AND TIME: o San Bernardino City Hall U 300 North "D" Street Wednesday, May 22, 2013 at 6:00p.m. > Lobby Floor, Council Chambers San Bernardino, California 92418 0 m You are receiving this notice because the project site described above is within 500 feet of your property. If you would like further information about this proposal prior to the public hearing, please v to contact the Planning Division at(909)384-5057. r � co a are welcome to attend the public hearing and address the R N Development and Environmental Review Committee with your comments on this proposal, or you may submit written comments in favor of or in opposition to the proposal to the Planning Division,City M Hall.300 North-D-Street,San Bernardino.CA 92418. V- (L mrY- Decisions of the Planning Commission are final concerning Minor U Use Permits,Development Permits,and Tentative Parcel Maps,unless o appealed to the Mayor and Common Council. Appeals to the Mayor w and Council must be made in writing, stating the grounds of the N appeal and must be submitted to the City Clerk along with the appropriate fee within fifteen days of the decision. Q c Final review and action concerning General Plan Amendments, E Development Code Amendments, Specific Plans and Development Agreements will be made by the Mayor and Common Council. FOOTHILL BLVD A Q 11' you challenge the resultant action of the Mayor and Common et Council in court, you may be limited to raising only those issues you OF someone else raised at the public hearing described in this notice, �� w or in written correspondence delivered to the City Planning Division at,or prior to,the public hearing. Individual testimony on agenda items will be strictly limited to three 3 �J minutes per person. '% i i he City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact Facilities Services(384-5244)two working days prior to the meeting with any requests for reasonable accommodation,to include interpreters. Packet Pg. 608 7.A.a 3 z E° CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES N N RECEIPT CL L Q Activity#:CUP13-02 0 Conditional Use Permit M E SITE ADDRESS: 2696 W FOOTHILL BLVD SB PARCEL: 0142-522-07-0000 p RECEIVED FROM: QWIK STOP r- RECEIPT NUMBER: R13000821 Copy Reprinted on 07-29-2013 at 12:25:11 L- 0 z3 L TRANSACTION DATE: 02/07/2013 TOTAL PAYMENT: 7,701.11 > TOTAL PAID FROM TRUST: .00 z TOTAL PAID FROM CURRENCY: 7,701.11 0 m TRANSACTIONS: !E O O Type Method Description Amount U- ---------- -------- --------------------------- ------------ Payment Check 6062 7,701.11 N c� TOTAL: 7,701.11 n N M r ACCOUNT ITEMS: 0- U Description Account Code Current Pmts v Archival Fee 001-180-4789 1.00 N Archival Fee Documents 001-180-4789 5.00 Archival Fee Plan Sheet 001-180-4789 6.00 `Z r CONDITIONAL USE PERMIT 001-180-4714 7,133.00 W 0 FIRE PLAN CHECK FEE 001-200-4337 413.45 E Technology Fee 001-180-4715-000 142.66 TOTAL: 7,701.11 d RECEIPT ISSUED BY: LEB INITIALS: LF N ENTERED DATE: 02/07/2013 TIME: 09:37 AM Y Q� E v R d Packet Pg. 609 7.A.b �a NARp�'y0 Larry Heasley,Chair Jim Mulvihill,Vice-Chair c e e Durr Andrew Ma chen CITY OF SAN BERNARDINO A nd � u✓ -r a Amelia Lopez COMMUNITY DEVELOPMENT DEPARTMENT Frederick Grochulski Dan C.Jimenez 300 North D"Street, San Bernardino, California 92418 Bob Brown,Alt. Phone:(909)384-505715071 • Fax: (909)384-5080 N d N PLANNING COMMISSION MINUTES CL August 21, 2013 a c 0 TENTATIVE TRACT MAP 18829 (SUB. 11-03), CONDITIONAL USE PERMIT 11-13, AND DEVELOPMENT AGREEMENT 12-02 0 L DEVELOPMENT PERMIT -P 13-05 L CONDITIONAL USE PERMIT NO.13-02 > a� 0 m r 0 0 co N N M a U d' T Q� N m T d E t V t6 r Q r a4 N C d E t V tC a I I Page 1 of 9 8/21/2013 Packet Pg. 610 order .m. Chair Heasley called the meeting too d at 6:00 p Commissioner Durr led the flag salute. Present: Commissioners: Durr, Heasley, Brown, Barnhardt, Grochulski, Machen, Jimenez, Paxton. Excused: Mulvihill, Lopez. Absent: None. Staff present: Tony Stewart, Acting Community Development Director/City Planner; Henry Empeno, Jr., Senior Deputy City a Attorney; Aron Liang, Senior Planner. 3 a ! ADMINISTRATION OF OATH 0 f Aron Liang, Senior Planner administered the oath. E L 0 L CONSENT AGENDA: o L Tony Stewart, Acting Community Development Director/City Planner, recommended that Item#1 Minutes of July 17, 2013 meeting be continued until the September 18, 2013 meeting. c m Henry Empeno, Jr., Senior Deputy City Attorney explained that because of the important = complexity of the item discussed at the last meeting a transcript is being prepared of that entire o segment of the meeting. U. Tony Stewart,Acting Community Development Director/City Planner introduced both items N #2 : M LO N 2. TENTATIVE TRACT MAP 18829 (SUBDIVISION 11-03), CONDITIONAL r a. USE PERMIT 11-13 AND DEVELOPMENT AGREEMENT 12-02 (WATERMAN GARDENS) - A request for a Conditional Use Permit to construct v an affordable housing project and to subdivide approximately 38 acres into 8 parcels 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- m 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 E building. The proposed project would be constructed in eight phases and is located at the northeast corner of Waterman Avenue and Olive Street, in the Residential a Medium (RM) zone. Cn N Environmental Determination: Mitigated Negative Declaration Owner/Applicant: Housing Authority of the County of San Bernardino E APN: 0147-211-01, 02, 03 and 04 Ward: 1 a Recommended Motion: Continue this item to the September 18, 2013 Planning Commission meeting, per the applicant's request. Page 2 of 9 8/21/2013 Packet Pg.611 7.A.b I 3. DEVELOPMENT PERMIT —P 13-05 - A request to construct a 9,180-square foot, commercial retail store, located at 1137 West Baseline Street in the Commercial General (CG-1) zone. Environmental Determination: Exempt from CEQA, Section 15332 - Infill Development Owner: Broadway Federal Bank a Applicant: David O'Donnell Boos Development APN: 0139-073-47 Ward: 6 a �a 0 Recommended Motion: Approve Development Permit-P No. 13-05 based on the Findings of Fact contained in the Staff Report, and subject to the Conditions of E Approval. 0 w E Commissioner Paxton said that he would abstain from voting on the minutes of the July 17, 2013 as he did not stay for the entire meeting. He also said that he would abstain from voting on 3 0 Item#2. m Henry Empeno, Jr., Senior Deputy City Attorney explained that Commissioner Paxton did 0 not need to leave the dais and that his abstention would be noted on the record. �N° Commissioner Jimenez made a motion to continue Item #1 the Minutes of July 17, 2013, continue Item #2 Tentative Tract Map 18829, Conditional Use Permit I1-13 and Development Agreement 12-02 (Waterman Gardens), move Item #3 Development Permit P 13-05 to the M consent agenda, and approve the consent agenda. a Commissioner Brown seconded the motion. v V- The motion carried by the following vote: Ayes: Heasley, Machen, Brown, Grochulski, Jimenez, N Paxton, Barnhardt, Durr. Nays: None. Abstain: Paxton. Excused: Mulvihill, Lopez. Absent: m None. a� E z Henry Empeno, Jr., Senior Deputy City Attorney asked that the record reflect that Commissioner Paxton abstained from voting on Item #1 and Item #2. Commissioner Paxton's a vote on Item#3 should register as an approval. CD N Chair Heasley asked Mr. Stewart to make sure the record reflects the vote as stated above. E The motion to continue Item #1 and Item #2 was carried by the following vote: Ayes: Heasley, Machen, Brown, Grochulski, Jimenez, Paxton, Barnhardt, Durr. Nays: None. Abstain: Paxton. Q Excused: Mulvihill, Lopez. Absent: None. The motion to move Item #3 to the consent agenda, and approve the consent agenda was carried by the following vote: Ayes: Heasley, Machen, Brown, Grochulski, Jimenez, Paxton, Barnhardt, Paxton, Durr. Nays: None. Abstain: None. Excused: Mulvihill, Lopez. Absent: None. Page 3 of 9 8/21/2013 Packet Pg.612 9 I rUELIC COMMENTS -ITEMS NOT ON AGENDA No comments. PUBLIC HEARINGS a� 4. CONDITIONAL USE PERMIT NO. 13-02 - A request to modify previously o approved CUP 95-22 to legalize a 650-square foot addition to an existing 1,281- Q' square foot snack shop, located at 2696 West Foothill Boulevard, in the Commercial a. General (CG-1) zone. c Environmental Determination: Exempt from CEQA, Section 15301 — Existing E Facilities 0 Applicant/Owner: Ali Yasin L APN: 0142-522-07-0000 0 Ward: 6 d Recommended Motion: Deny Conditional Use Permit No. 13-02 based on the o Findings of Fact contained in the Staff Report. Aron Liang, Senior Planner gave a detailed presentation of the project. io Chair Heasley asked if the applicant would come forward. N M Doug Wilson, Applicant's Representative (12168 Observation Drive, Grand Terrace) N explained that this is an on-going business. He also explained that the property has changed hands a number of times. The applicant believes he will be able to come to a reciprocal parking a agreement. He requested an additional extension. v Commissioner Durr asked for clarification on the problem with square footage. N Aron Liang, Senior Planner explained by saying that the Applicant needs to supply parking in m addition to the spaces under the canopy. He can do this by acquiring the reciprocal agreement. E Tony Stewart,Acting Community Development Director/City Planner explained that the site is not large enough to support any expansion of the gas station. There is also a setback issue a along Meridian. A variance would be required. Staff would not be able to support the variance. 1 This is a self-imposed hardship. N r c Doug Wilson stated the applicant needs additional parking. It is the plan to adjust the portion built and comply with setback circumstances. w r Commissioner Barnhardt asked why the original 1995 letters for stop work were ignored. Q i Doug Wilson deferred to the Engineer to answer the question. Stated that their intention is to resolve this. Page 4 of 9 8/21/2013 Packet Pg.613 7.A.b Chair Heasley directed a question to Doug Wilson about additional parking. Doug Wilson stated that there is an approved Conditional Use Permit back to 1995. an issue with 18 ears of illegal construction and non-compliance. Chair Heasley expressed y g p Doug Wilson stated that their intention is to resolve this with a granted extension. d Vi O Tony Stewart, Acting Community Development Director/City Planner explained that the parking is not the issue in the 1995 approval. Today the standards are different. a. Commissioner Brown asked how long the project engineer has been working on the project. ° E L Doug Wilson clarified for Commissioner Brown that the engineer has not been working on q building the structure,but just designing it. L O W Commissioner Grochulski asked if the addition has been inspected. E.E. a� Doug Wilson said that the inspection is closed and there are things that need to be fixed in order o to put the structure into compliance. m s Henry Empeno, Jr., Senior Deputy City Attorney clarified that if the structure has not been o completed, no further work can be done on that building can take place. The building permit will U_ not be reinstated until they receive approval for the addition. If it is not approved, the structure Cn needs to be taken down. Unless the Conditional Use Permit is approved and permits are N reinstated, construction cannot continue. LO N Chair Heasley asked for clarification. r a Tony Stewart, Acting Community Development Director/City Planner said that the v construction was finished within the last year. An inspection was done for ADA access on-site and at that time was noted there was an illegal structure also there at the time. N m Doug Wilson stated the addition is not being occupied. _ as E Hector Moreno, Contractor (6194 Burdemont Ranch Rd., San Bernardino) states that the Conditional Use Permit that was issued in 1995 was approved. There were problems with the outside restroom which prompted the Owner to build the enclosed restroom — referred to as the v unpermitted construction. The gross square footage was overlook in the original Conditional Use g Permit with led to his hiring to help fix the problem. A lot line adjustment was requested but not N granted. He argues that the issue is not self-imposed due to original Conditional Use Permit. E s Commissioner Durr asked if there was an inside entrance to the bathroom before construction. a Hector Moreno answered no, there was no inside access to the restroom at the time. Commissioner Durr asked how much of the space is unpermitted. Page 5 of 9 8/21/2013 Packet Pg.614 7.A.b a Hector Moreno said 650 square feet. He said that that if they reduce it by 3 feet it would be on the Meridian side as to avoid requesting a Variance. They would only request a Variance for the lot size in that case, which is what is holding up the project right now. Commissioner Durr asked, if they can reduce it, why not take it all off and remodel the bathroom to have inside access. a� Hector Moreno stated that they can re-engineer the bathroom so they have access from the o inside but the intention is to get the addition permitted so they can finish that. Q' a Commissioner Durr asked if the addition was used to do business. _ 0 Hector Moreno answered no, that it was a small space and not conducive for doing business. E With the additional square footage, they would be able to make the convenient store/snack shop more useful. He suggested a compromise of 400 or 500 square feet. L Commissioner Durr asked if the Conditional Use Permit was for the existing snack shop the way it was built originally. > 3 Hector Moreno said the Conditional Use Permit of 1995 permitted what was currently there and m° what is there now before construction. He stated that they could modify the proposed plans in s order to comply. 0 0 U- Commissioner Barnhardt asked why the Planning Department wasn't initially consulted prior to the building of the unpermitted addition. c° a Hector Moreno said sometimes that happens, and explained that minor steps had been taken in M construction, such as framing is up and the lack of electrical. He stated that the space is not •- occupied during this time. Once the plans are approved, they would be able to move forward and D get the proper inspections at each interval of the project, for example the foundation. c.) �r T Commissioner Barnhardt expressed that if they remove three feet of footing, it would no longer N line up correctly. m T _ Hector Moreno said that if they move the footing, the new wall would be built to match and line E up. He admitted that it would not be the best solution, but it would be a way to comply and make the addition permitted. r a Commissioner Jimenez expressed concern that the item has been continued three times. He Q, asked why a request for continuance is being made again. "' a� Hector Moreno said that he has been working with the Planning Department and modifying the = plans several time in order to comply. They were ready for approval but found a discrepancy on the minimum 15,000 square foot lot size. He questioned why it was not found during the original a Conditional Use Permit, so they have been working to resolve the issue. He asked that they be able to use the original 14,800 square footage in this case. They tried to gain 200 square feet from the lot next to them in order to do an adjustment, but it was refused. If they had been able to obtain that, they would not be having this issue. They are not working towards a reciprocal parking agreement. Page 6 of 9 8/21/2013 Packet Pg.617 r3Henry Empeno, Jr., Senior Deputy City Attorney asked Hector Moreno about the 10 foot landscape set back along Meridian. He clarified that the three-foot change would change the overall square footage from 650 square feet to 975 square feet. Hector Moreno could not confirm and advised that he had not done calculations of the square footage yet. 0 Henry Empeno, Jr., Senior Deputy City Attorney stated that the plans show the width of the a building at 25 feet does not change the north/south line,but the east/west line would be changing a from 26 feet to 23 feet. He asked why the plans had not changed to reflect that change and why c the application had not yet been amended to show the change from 650 square feet to 575 square feet. He stated that they have had four months to do this and asked why it had not been done. E L 0 Hector Moreno stated the revision had been submitted but were still struggling with the lot square footage. ,0 L Tony Stewart, Acting Community Development Director/City Planner said that the revised d plans have not been submitted. 0 m Chair Heasley asked how the restroom is being accessed currently. 0 Hector Moreno stated that he did not know. i° N Chair Heasley asked Doug Wilson if he was able to answer the question regarding the access to N the restroom. He finds a conflict based on the plans and statements that the existing west wall M was not compromised and is sealed off. That would indicate that there is no access to the N M restroom, inside or out. a Hector Moreno stated that there was no outside access to the restroom. v Chair Heasley stated if that were the case it would be a violation of code by not having a restroom available to employees. m T _ Commissioner Machen asked Mr. Empeno what it would take to condemn the property. E Henry Empeno, Jr., Senior Deputy City Attorney stated that condemnation is complex and a lengthy process. You would have to prove that the structure is uninhabitable, violates the City's Q ordinances and building codes and is a danger to the health and safety of the people working there as well as the public. He said it would be difficult to condemn if you were just looking to tear it down. The only issue at present is the 650 square foot illegal construction and that does not constitute condemnation. E �a Commissioner Machen clarified he was only asking about the addition. He asked if that could a be condemned to be torn down. Henry Empeno, Jr., Senior Deputy City Attorney said that if the addition is not approved and does not have lawful permits for construction and completion, then the structure would have to Page 7 of 9 8/21/2013 Packet Pg.616 7,A.b be torn down, and if not torn down, the City would take steps to enforce the demolition of the structure by way of a court order or abatement. Chair Heasley asked why eighteen years have gone by without an remedy to correct the situation. He stated that by allowing a continuation would just further a non-compliant situation. Commissioner Durr asked what it would take to fix the problem. 0 Tony Stewart, Acting Community Development Director/City Planner explained that this is an expansion of the existing business. There would not be support for a variance. In regards to a the setback issue along Meridian, Staff would not support a variance. The building does not = meet the design standards. The restroom is an issue. The convenience store aspect is what °- needs to be reviewed and lot size needs to be adjusted. E L 0 Chair Heasley noted that the expansion is above 50% of the total size of the existing structure. _ He understands that expansion would change the lot size due to the expansion of the business. He wanted clarification on the idea of building the restroom for customers, but expanding to for more space to increase revenue. > Commissioner Machen asked if the City can order the tear down of the building. m° Henry Empeno, Jr., Senior Deputy City Attorney said that if the applications are not o approved, then you would have an illegal structure. After time, through Administrative U. Enforcement Action, if the applicant has not removed the structure, then the City could o administratively abate and demolish the structure. N Commissioner Machen made a motion to deny Conditional Use Permit 13-02 based on the N findings of fact in the staff report. o. Commissioner Jimenez seconded the motion. v The motion carried by the following vote: Ayes: Heasley, Machen, Brown, Grochulski, Jimenez, N Paxton, Barnhardt, Paxton, Durr. Nays: None. Abstain: None. Excused: Mulvihill, Lopez. m Absent: None. c d E The decision of the Planning Commission is final unless a written appeal is filed, with the appropriate fee, within 15 days of the Planning Commissions actions, pursuant to Section Q 19.52.100 of the Municipal (Development) Code. a� ? N C NON-PUBLIC HEARING ITEMS None. v a 3 PLANNING COMMISSION REPORTS/ANNOUNCEMENTS None. i a Page 8 of 9 8/21/2013 Packet Pg.617 i i DIRECTOR'S REPORT None. ADJOURNMENT Chair Heasley made a motion which was unanimously carried, to adjourn the Planning Commission meeting at 6:50 p.m. The next regular meeting was scheduled for Wednesday, o September 18, 2013 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, E San Bernardino, California. a C O Minutes Adopted by Planning Commissioners: Heasley, Machen, Brown, Grochulski, Jimenez, Paxton, Barnhardt, Paxton, Durr o C L Date Approved: 9/18/2013 12 Minutes Prepared by: a� O m t O Stephanie Sanchez L° Executive Assistant IM co N c�6 to N M a. U rn N m .v C d E U r+ Q d' r N C CD E U w Q Page 9 of 9 8/21/2013 Packet Pg. 618 City of San Bernardino Legislative Review Committee Staff Report- Committee Meeting Date,February 4,2014 TO: Legislative Review Committee N d FROM: Tony Stewart,Acting Community Development Director Q L a SUBJECT: Legislative Review Committee Meeting—February 4,2014 Proposed Development Code Amendment �o E L DATE: January 21,2014 w L 0 CC: Aron Liang, Senior Planner L d 0 APPLICANT: APPLICANT REPRESENTATIVE: m Mike Sater Alicen Wong w 683 Cliffside Drive Gresham Savage,Nolan&Tilden °o San Dimas, CA 91773 550 East Hospitality Lane,No. 300 U. C 909.293.7588 San Bernardino, CA 92408 0 909.723.1811 LO N BACKGROUND M a. The purpose of this request for the Legislative Review Committee's consideration and input is twofold: T Q� 1) To amend Development Code Chapter 19.08 (Industrial Districts) Section 19.08.020, Table 08.01, (15) Gasoline Service Stations, to permit ancillary commercial uses with a gasoline service station. The proposed amendment would permit commercial uses such as convenience stores, fast-food restaurants, and banks, as ancillary uses located on the same parcel with a gasoline service station, subject to approval of a Conditional Use Permit. a 2) To amend Development Code Section 19.06.030 (T) (2) to delete the minimum parcel size requirement. Development Code Section 19.06.030(2)(T)(2) sets the minimum parcel size N r requirement for (automobile) service stations in commercial districts, where service stations are d permitted subject to approval of a Conditional Use Permit. s a PROJECT DESCRIPTION The applicant seeks to modify Section 19.08.020, Table 08.01,(15) Gasoline Service Stations,in order to develop a project site located at the southwest corner of Tippecanoe Avenue and Central Packet Pg.619 i 7.A.c-= LRC February 4, 2014 Page 2 Avenue, in the IL zone. Specifically, the-proposed-amendment would modify- the-following section of the Development Code: 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND ' CONDITIONALLY PERMITTED USES The following list represents those primary uses in the manufacturing/industrial zones which are Q Permitted(P),subject to a Development Permit(D)or a Conditional Use Permit(C): a �o TABLE 08.01 o INDUSTRIAL ZONES LIST OF PERMITTED,DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES 0 - c 15. 1Gasoline Service Stations with or without ancillary ,o Commercial Uses 2 M The project site consists of approximately .87-acre parcel and the site is current vacant. The o proposed project would involve constructing a gas station with a 3,050-square foot convenience m store with a Type 20 ABC License (Off-sale, Beer & Wine) and a 2,002-square foot restaurant. Refer to Attachments B and C. o U. The applicant's representative submitted Conditional Use Permit 13-26 and Development Code Amendment 13-09 on December 16, 2013, attached supporting documents and justifications for M the proposed Conditional Use Permit and Development Code Amendment,Attachment A. N Pursuant to requests by Council Member Johnson and two separate parties, staff also proposes to a. modify Development Code Section 19.06.030 (T)(2)to read as follows: 19.06.030 DEVELOPMENT STANDARDS N 2. SPECIFIC STANDARDS FOR COMMERCIAL ZONES as T. SERVICE STATION STANDARDS R Service stations are subject to a Conditional Use Permit and shall comply with the following a standards: a, N r 2. q4te Mai,,;.,,,,.,, „ Eel-size shall be 15,000 square fe , with ., A minimum a street footage of 100 feet on each street shall be provided. w a ANALYSIS Development Code Section 19.08.020, Table 08.01, (15) sets forth the list of permitted, development permitted and conditionally permitted uses, for all industrial zones gasoline service stations are only permitted in the Industrial Light(IL) and Industrial Heavy (IH)zones,subject to Packet Pg. 620 7 C LRC February 4 2014 Page 3 approval of a Development Permit. Currently,no-ancillary commercial uses.such as convenience stores, banks, or fast-food restaurants, are permitted in the IL and IH zones. The applicant seeks to modify Section 19.08.020, Table 08.01, (15) that would allow ancillary commercial uses on the same parcel in companion with a gasoline service station where they are currently prohibited in the IL and IH zones. N d The proposed amendment would provide additional conveniences for the public and local 0. residents and employment opportunities in the IL and IH zones. 3 Note that this amendment will apply to all industrially zoned property City-wide. Since industrial a land is less expensive than commercial land, there could be an influx of non-industrial uses, c which could be detrimental over the long-term to the City's industrial land availability. This could be particularly problematic for land assembly of smaller parcels into one,large parcel for a E major industrial building, since commercial uses tend to occupy smaller lots. Further,the layout of many of the current industrial areas (i.e., the Cajon Creek area) is not conducive to 0 commercial development,due to lot sizes, location, etc. L Finally, it should be noted that allowing any type of retail use in the Industrial Zones will a� potentially result in increased impacts (i.e., traffic, air quality) that were not foreseen in the m Environmental Impact Report (EIR) prepared for the General Plan Update. Thus a subsequent = EIR may be needed if the impacts from allowing commercial uses in the Industrial Zones were :E 0 determined to be significant. ,° �o o� Therefore, staff recommends that by limiting the proposed to just gas stations with accessory N uses, and with the requirement for a Conditional Use Permit (consistent with such requirements in the Commercial Zones),this would ensure land use compatibility and protection of the public N health safety, convenience and welfare on a site-specific basis. Moreover, the proposed amendment would not affect the long-term integrity of the industrial zones and their intended uses,nor be inconsistent with the General Plan or EIR prepared for the General Plan. Additionally,staff has received several inquiries regarding the elimination of Development Code °+ Section 19.06.030 (T) (2) to allow the construction of new and/or remodeled gas stations in the City. A minimum lot size is not a typical development standard for other types of commercial developments, and staff believes that the other development standards regarding the construction E of gas stations (i.e., setbacks, parking and landscaping requirements, the number of stations allowed at an intersection) as well as the developers' internal requirements (particularly a sufficient room to allow truck to maneuver on-site) will be sufficient to dictate quality design of gas stations without the need to have a minimum lot size. N Q E FINANCIAL IMPACT None. a RECOMMENDATION Move the item to Planning Commission Packet Pg. 621 LRC February 4,2014 Page 4 Attachments: A.Applicant Supporting Documents B.Location Map C.Project plans N d N O Q L a M 0 R E L 0 w c L O W L MO W O O U- N LO N M a U v T N U r C a> E t ca r Q �r T o� N C N E .O V tC a+ Q Packet Pg. 622 Findings for Development Code Amendment, CUP and Alcohol PCN 7.Ac ATTAC13MENT A Project Descri Mon: Entitlements Requested: 1. Development Code Amendment(text)adding convenience store,fast-food restaurant, and bank to the list of permitted uses in the Industrial Light(M) zone subject to Development Review Committee approval;and d y O CL 2. Conditional Use Permit permitting:(i)gas station with C-store,(ii)the sale of beer and wine for off-site consumption,and(iii) a fast-food restaurant. a Z c 0 Eronosed Project: E 0 The project site is located at the SW corner of Tippecanoe Ave&Central Ave in San Bernardino,California.The site is currently vacant,includes about.87 acres,and is ° currently zoned IL(Industrial Light). The APN#is 0280-231-10-0-000. The proposed project will include an ARCO am/pm("ARCO"or"Project")with a gas station including 6 a dispensers(12 gas pumps)under a 3,564 square foot canopy cover,a 5,050 SF convenience o store,including a 2,000 SF tenant space proposed for a Subway"sit down"fast food m restaurant. - s: 0 Information: i° Employees: 20-25 employees will be hired to operate the proposed use. ca f LO Hours of Operation: N M 24 hours per day for the gas station and convenience store. a • 6 am to 2 am for the sale of beer and wine. U Existing ARCO am/pm facilities owned/operated by the Applicant: • ARCO am/pm,1625 Heritage Rd,San Diego CA,and N • ARCO am/pm,3225 W. Little League Dr.,San Bernardino CA 0 State licenses required for the proposed use: AQMD permit for gas station E a a) N r C GJ E t U fSf Q Exhibit"A"to Application Packet Pg. 623 Findings for Development Code Amendment,CUP and Alcohol PCN Developnent Code Teak Amen rpent Findings 1. The proposed amendment is consistent with the General Plan Policy 2.2 in the Land Use Element focuses on integrating development with surrounding land uses to minimize impacts, and proposes the following sub-policies with which the y Development Code Amendment and the Project are consistent: 0 L Policy 2.2.2 recommends that "new uses provide mitigation or buffers between existing uses a where potential adverse impacts could occur, including, as appropriate, decorative walls o landscape setbacks, restricted vehicular access, enclosure of parking structures to prevent sound transmission and control of lighting and ambient illumination. (LU-1). E 0 The expansion of the gasoline service station category to include convenience ,o stores, fast food restaurants and banks in the Light Industrial zone (subject to approval by the Development Review Committee (the "DRC")) is consistent with d Policy 2.2.2, because the City may impose any mitigation measures required to 0 buffer the new uses from adjacent uses during the Development Review process. m 0 0 Policy 2.2.8 recommends "(c)ontrolling the location and number of community-sensitive uses, U_ such as alcohol sales, adult bookstores and businesses,game arcades, and similar uses based on proximity to residences,schools, religious facilities,and parks. (LU-1). Ln The City's new Deemed Approved Ordinance (the "Ordinance") regulates the M location and number of businesses that sell alcohol. Compliance with the Ordinance a will be required for any new convenience store proposing to sell alcohol, consistent with Policy 2.2.8. Policy 2.2.9 recommends "frlequir(ing) Police Department review of uses that may be U characterized by high levels of noise, nighttime patronage, and/or rates of crime; providing for the conditioning or control of use to prevent adverse impacts on adjacent residences, schools,religious facilities,and similar'sensitive'uses. (LU-1)." If the City approves the expansion of the gasoline service station category to include convenience stores and fast-food restaurants in the IL Zone,these uses may propose N the sale of beer and wine or alcohol in the future. However, because the Development Code requires a CUP for alcohol sales, and compliance with the E Ordinance is required to obtain CUP approval, future alcohol sales uses will be controlled by the regulations in the Ordinance imposed during the CUP process. The r Police Department will also participate in the CUP process to provide the crime a statistics required for consideration by the Ordinance. The CUP process, compliance with the Ordinance,and consideration of the crime statistics provided with input by the Police Department, will protect sensitive uses from alcohol-sales businesses 3 Exhibit"A"to Application Packet Pg. 624 Findings for Development Code Amendment,CUP and Alcohol PCN proposed in convenience stores and fast food restaurants authorized by the I Development Code Amendment. 2. The proposed amendment would not be detrimental to the public interest,health, safety,convenience,or welfare of the City. N d N O The proposed Development Code Amendment is an attempt to modernize the gasoline service ? station category in the IL zone to permit.the types of additional uses typically developed with a gasoline service stations today. If the text amendment approved a discretionary approval by the = Development Review Committee will be required to permit each future project on a case-by-case basis. Because any adverse impacts associated with the use may be mitigated during the DRE E process the proposed Amendment will not be detrimental to the public interest, health, safety, c convenience,or welfare of the City. — 0 Conditional Use Permit Findings a 3 0 m 1. The proposed use is conditionally permitted within,and would not impair-the = integrity and character of the subject land use district and complies with all of o the applicable provisions of this Development Code ,0 to 0) The proposed gasoline service station is permitted in the Light Industrial zone subject to N approval by the Development Review Committee (SBDC § 19.08). However, if the f°LO Development Code Amendment is approved, a CUP will be required for the gas station, M convenience store, and fast-food restaurant, because alcohol sales are proposed. (Deemed a Approved Ordinance,Article 1I,Section 11.) 1 .. Regarding compliance with the Development Code: N CUP Process: During the CUP process, the City would have the opportunity to w impose any conditions of approval deemed necessary to mitigate potential adverse impacts to the land use district. E Deemed Aaprovgd Alcohol Ordinance: In addition to conditioning the Project, the a location and operation of the convenience store will require compliance with the Ordinance. N Finding of Public Convenience or Necessity for Beer/Wine Sales: The Project will E also require a finding of public convenience or necessity("PCN") because the Project w Site is located in an overconcentrated census tract. The Police Department will be Q consulted as part of the PCN process, to provide crime statistics for the reporting district / census tract area, and to determine whether they support the request. This participation provides the Police Department with the opportunity to a Exhibit"A" to Application Packet Pg. 625 Findings for Development Code Amendment,CUP and Alcohol PCN recommend additional operating conditions to prevent adverse impacts to sensitive uses. - - .......-... .-. ._.. .— Project-specific compliance with the Ordinance: E Locational restrictions: A new alcoholic beverage sales activity is not permitted N within 500 feet of various sensitive uses, including churches, schools and parks. N (Ordinance § 1II.) Based on the 2013 Google aerial, attached as Exhibit"B-1", there a are no churches, schools or parks within 500' of the Project Site. A residential a. neighborhood is located to the west of the Project Site, which is bounded by Tippecanoe Avenue to the east, S. Clevenger Dr. to the west, Central Avenue to the north and the Santa Ana River to the south (the"Residential Area"). E L 0 4� Although the Project Site conforms with the location controls in the Ordinance, L because there are Residences adjacent to the Project Site, the Police Department ° may want to consider certain controls imposed by the ABC Act on the sale of alcohol within 100' of a residence. The ABC Act (CA Bus. & Prof. Code § 23958.4) provides for the "quiet enjoyment" of residents who live less than 100' from businesses that 0 sell alcohol for off-site consumption. The distance is measured at the closest point — between business or parking space and the residence. r 0 0 West of project Site: There is a 140' separation between the ARCO co convenience store and the closest residence to the west. Because the N distance exceeds 100', the ABC will not likely impose conditions to protect co the resident's quiet enjoyment. N M r South of Project Site: The closest "residence" to the south (fronting D Tippecanoe) is being used as a tire shop. But there is a residence to the south of the tire shop that is located about 70'from the Project Site. The distance is r shown on the Google Earth aerial, attached as Exhibit "B-2". Because the distance is less than 100', the ABC (or the Police Department) may impose one or more conditions to protect the"quiet enjoyment"of that residence. E Mandatory compliance with the Ordinance, and the City's opportunity to exercise discretion during the CUP process, and the Police Department's participation during the a PCN process,will ensure that the proposed uses will not impair the integrity and character of the Light Industrial Land Use District. N 2. The proposed use is consistent with the General Plan The proposed Project is consistent with Policies 2.2.2 and 2.2.8 in the Land Use Element Q and the guidelines listed for the Tippecanoe Strategic Area in the General Plan: Policy 222 recommends that "new uses provide mitigation or buffers between existing uses where potential adverse impacts could occur, including, as appropriate, decorative walls, 5 Exhibit"A" to Application Packet Pg. 626 Findings for Development Code Amendment, CUP and Alcohol PCN landscape setbacks, restricted vehicular access, enclosure of parking structures to prevent sound transmission and control of lighting-and ambient illumination (LU-1). The proposed ARCO will be required to mitigate any potential adverse impacts in order to obtain approval from the DRC. The proposed design places the N convenience store along the westerly property line so the building may serve as a E buffer between the gas pumps and the vacant property and residences to the west C- (fronting Central Avenue). No buffer is required between the ARCO and the a adjacent property to the south because that property (fronting Tippecanoe) is C currently being used as a tire shop. A fence is also proposed around the perimeter of the ARCO to enclose the use and separate it from the adjacent properties to the E south and to the west. o Policy 2.2.8 recommends "[c]ontrolling the location and number of community-sensitive uses, such as alcohol sales, adult bookstores and businesses,game arcades, and similar uses based CU on proximity to residences,schools, religious facilities, and parks. (LU-1). 3 0 m The proposed sale of beer and wine at the ARCO will conform to the controls — established by the Ordinance; and therefore,will be consistent with this Policy. The o Ordinance requires that the following locational criteria be considered in the CUP ,° review process,and has identified these issues as possible grounds for denial; N 1. A location within a crime reporting district, or within 500 feet of a o crime reporting district, where the general crime rate exceeds the city-wide N general crime rate by more than 20 percent. r a 2. A location where the new alcoholic beverage sales activity would be within 500 feet from an existing alcoholic beverage sales activity, or would T lead to the grouping of more than four alcoholic beverage sales activities N within a 1,000 foot radius from the new alcoholic beverage sales activity. r Regarding number 1,the Project Site is located in crime reporting district 54060 and E within 500 feet of reporting districts S4020,S4030,S4040,and S4110. Based on the crime statistics on the Police Department's website, between January 1, 2013 and a December 12th, 2013, three Part 1 crimes were reported within a 500' radius of the Project Site. See the Crime Details Report attached as Exhibit"C" and the map of the N reporting districts attached as Exhibit"D'. These crime statistics are lower than the average City-Wide general crime rate for 2013 of 53 Part 1 crimes per year. See the E 2013 crimes statistics to date and 2013 population information, attached as Exhibit "E";therefore,the Project Site is not located in a high-crime reporting district, a Regarding number 2,there are no existing businesses selling alcoholic beverages for off-site consumption within 500' of the Project Site. Within 1,000' of the Project Site, there are no existing businesses that sell alcohol. So the sale of alcohol at the 6 Exhibit"A"to Application Packet Pg. 627 Findings for Development Code Amendment, CUP and Alcohol PCN Project Site would not create a grouping of four businesses selling alcohol within 1,000 feet of each other.-_. ....._ Tipnecanome Strategic Area: The Project Site is located in the Tippecanoe Strategic Area. This area is identified as "strategic" because of its need for infrastructure improvements, and because it presents a significant opportunity for economic growth due to its proximity to the San Bernardino International Airport, The General Plan identifies the following o improvements as important for the area: improve aesthetics, improve the circulation E system, redevelop vacant and underutilized lands to their highest potential, and capitalize a on the presence of the Santa Ana River. 0 Improve Aesthetics: The ARCO brand is familiar to most travelers and is a respected E name in gasoline and convenience stores. The gas station design for this Project will ° g conform to the ARCO prototype, and due to ARCO's franchise requirements, the I Applicant will be required to maintain the station, providing assurance to the City .0 that the Project Site will not suffer from deferred maintenance. ID Improve Infrastructure: As part of the CUP process, the City may condition the 0 m Project to construct any road improvements required to mitigate significant traffic — impacts resulting from the Project,if any. !E 0 0 Capitalize on the Airport, an Adjacent Economic Opportunity: Because the Project Site is located at the primary intersection serving the San Bernardino International N Airport, the ARCO will benefit from Airport traffic, serve the needs of airport patrons and travelers on the Tippecanoe corridor. The Tippecanoe corridor N currently has only one gas station located just north of the 1-10. As Airport traffic increases, an additional gas station at the Project Site will become desirable CL necessary,consistent with the goal above. N 3. The approval of the Conditional/Minor Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act = and Section 19.20.030(6) of the Development Code. E U A CEQA Exemption is proposed for the Project. However, if the Project does not qualify, a a Mitigated Negative Declaration will be prepared for the Project, including mitigation for any potentially significant impacts (if any) in order to reduce Project impacts to a level of N less than significant. E 4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. 4 As stated in no.3, above, if the Project does not qualify for a CEQA Exemption, a Mitigated Negative Declaration will be prepared to mitigate any potential environmental impacts resulting from the Project,(if any)to a level of less than significant. 7 Exhibit"A"to Application Packet Pg. 628 Findings for Development Code Amendment,CUP and Alcohol PCN 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing-and-future-land uses in 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 use in the vicinity or adverse to the public, health,safety,convenience,or welfare of the City. N O Each of the issues listed above is discussed below in relation to the Project: ;? n. Location: The Project is proposed at a major intersection that provides access to the San Bernardino International Airport and the Kohl's Distribution Center. . E L &Ze: The Project Site contains 37,747 square feet or .87 acres, and is adequate in size and shape for the 5,052 square foot Convenience Store, the 2,002 square foot o fast-food tenant space, and the gasoline service station with 6 pumps (12 stations) with a 3,564 square foot canopy cover. Desi n: The Project design is consistent with the same ARCO prototype used for ° many of the 950 gas station convenience stores in California. m r 0 crating Characteristics: During the CUP process, the City will impose conditions u on the Project to ensure they will operate in a manner that is compatible with M existing and future land uses in the general area and will not create significant noise, co traffic or other conditions or situations that may be objectionable or detrimental to LO surrounding uses or adverse to the public,health, safety,convenience,or welfare of M the City. a U 6. The subject site is physically suitable for the type and density/intensity of use being proposed: CV The General Plan permits a maximum density of .75 floor area ratio for Light Industrial uses. (General Plan,Table LU-2.) The total square footage of the proposed use (including the canopy) is 8,616 square feet which represents a floor area ratio of.44,and conforms to this requirement, U R r+ Q 7. There are adequate provisions for public access,water,sanitation,and public utilities and services to ensure that the proposed use would not be N detrimental to public health and safety: E Public Access to the Project will be provided by Tippecanoe Avenue and E. Central Avenue. 2 Tippecanoe Avenue is an 8-lane road with dual turn lanes in each direction,and E. Central a Avenue is a 4-lane road with turning lanes in each direction Both roads are asphalt-paved and currently carry traffic to the San Bernardino International Airport and to the Kohl's Distribution Center. The Project is not expected to add traffic to the intersection of Tippecanoe and Central because gas stations, convenience stores and fast food restaurants typically draw customers from existing traffic. 8 Exhibit"A" to Application Packet Pg. 629 Findings for Development Code Amendment,CUP and Alcohol PCN ]EIndingy of Public Convenience-Qr Neces5ity for the S ale-of Beer and Wine at the ARM Statutory Basis for PCN Finding A finding of Public convenience or necessity ("PCN") is a requirement of California Business & Professions Code § 23958.4. This section requires a positive finding of public y convenience "or"necessity in order for the Department of Alcoholic Beverage Control to C a L approve an off-sale ABC license. it is legally adequate for the City to find that the beer and a wine license at the ARCO will serve either the public convenience or a public necessity. It is not legally necessary to show both. E A PCN finding is required where there is an "over concentration" of licenses in the census tract or where the Census Tract is in a high crime area. An "over concentration" (also = L known as an "undue concentration") occurs where the ratio of off-sale alcohol licenses to ° population in the census tract exceeds the ratio of off-sale licenses to population in the county as a whole. CD 0 The fact that a census tract is over concentrated with alcohol licenses does not mean it has 00 too many licenses for the convenience of the surrounding residents. "Over concentration" o also does not mean that the State,or anyone else,has previously looked at the census tract 0 and determined that it has suffered any deleterious effects from the existing licenses, or that it will suffer negative effects if a new license is issued. The over concentration formula N uses the average number of licenses in the County as a benchmark for the consideration of @ new license requests. N M r Thus,the fact that the new ARCO is proposed in an over concentrated census tract does not necessarily mean that the use will have a negative impact on the neighborhood. r Why Industrial_ _ gning Diistrigts are Fregugntly Over Concentrated with Alcohol LicensPC U The project site is located in census tract 72, attached as Exhibit 7". Based on population, _ the ABC permits 4 off-sale licenses in the census tract and there are currently 8 (4 liquor E licenses and 4 beer and wine licenses). Because over concentration is based on population, more alcohol licenses are permitted in residential neighborhoods than in commercial or a industrial neighborhoods. As a result, new commercial uses in commercial neighborhoods are located in overconcentrated census tracts. CD N C Why ARCO is Different Than other Off-Sale ABC Licensegs ARCO offers a shopping experience that is very different from that of a typical liquor store. Liquor stores do not sell gasoline — so they do not cater to the average motorist as ARCO a does. Although liquor stores typically do carry some snack foods, they do not typically offer freshly made food to. ARCO stores are well lit, they are typically open 24 hours per day and do not typically sell adult magazines or post advertisements on the front window that restrict visibility into the store. 9 Exhibit"A"to Application Packet Pg. 630 Findings for Development Code Amendment,CUP and Alcohol PCN i AHCO's Concep�of Convenience; ARCO is one of North America's most popular and successful convenience store operators. There are thousands of ARCO stores operating in the United States today. ARCO's mission is to be the best and most convenient place to shop and it is known around the world for offering busy consumers a wide variety of quality products and services in a clean,fast,and friendly environment. ARCO convenience stores feature a wide variety of food items o including: beer, snacks, candy, and general merchandise. In addition, the store provides ATMs, prepaid wireless phones, Gift Cards, and money orders, Due to its continuing a success, ARCO has become one of the most widely recognized brands in the convenience o store market and is known worldwide for quality products and great customer service. Although alcoholic beverages comprise a small percentage of the shelf-space, ARCO E requires its stores to offer beer and wine as a convenience to its customers. L RCO's Ga id Neighbor PQ&y; 0 v L The neighborhood surrounding the proposed ARCO includes a small pocket of residences to the west, located in the Light Industrial zone. ARCO prides itself on being a good m neighbor and recruits its employees from the local area. For this reason, ARCO works to = keep the front and back of the store and the parking lot clean and tidy, and schedules o deliveries outside the early morning and evening hours to minimize noise, ARCO ,0 understands the importance of store maintenance and requires franchisees to commit to a strict regimen that includes timely graffiti and litter removal, structural repairs, and the N replacement of dead or diseased plants. ARCO also employs signs and curb painting to R encourage parking in designated parking spaces, and the strategic placement of trash N receptacles. a. D Security and Controb �r r ARCO is committed to taking all feasible steps to address law enforcement concerns about N. its stores, and employs an extensive employee training-program regarding the responsible sale of alcoholic beverages. ARCO is a large corporate retailer with thousands of stores in the United States. In order to operate a franchise,ARCO requires each franchisee to comply E with its corporate responsible alcohol sales policies. Q Safety by D, esiign_: N ARCO stores are designed to provide a safe environment for patrons and employees. Specifically, the following design elements have been incorporated into the Security plan E for the project site: a • The storefront includes a significant number of windows so the interior of the store is visible to police and patrons from the parking lot and the street. • Additional security measures include adequate lighting levels both on the interior and exterior of the store, employee supervision of the facility, closed circuit video 10 Exhibit"A"to Application 4 Packet Pg.631 Findings for Development Code Amendment,CUP and Alcohol PCIV monitoring system with cameras located strategically throughout the property, and the careful placement of landscaping to avoid obstructing visibility into and-out of the facility. In addition, ARCO recognizes its responsibility to deter crime at the store and prevent loitering and underage drinking. For this reason, ARCO has developed stringent operational standards and training programs to teach techniques for the lawful selling of o CL alcoholic beverages, ARCO also requires all employees selling alcoholic beverages to execute an ABC "Clerk's Affidavit" (ABC-299) which lists the relevant ABC laws and warns a them of penalties of violating them attached as Exhibit"G". 0 The Sale of Beer and Wine at the Project Site will nol result in an Adverse Impact on E Public Health,�f ty,or Welfare: ° c L By providing a safe and convenient location to purchase gas, food "to go", and grocery 0 items, approval of the ARCO at the project is expected to support public health, safety, and welfare. The addition of alcohol sales is not expected to change this. Particularly because ARCO requires its retailers to train their employees using an extensive training program to m help ensure that the store sells alcohol responsibly and in compliance with law. ARCO's = training program includes oral, written, and electronic video training to ensure that all :E 0 cashiers understand and implement ARCO's procedures and comply with State law. ,0 ARCO realizes that a healthy community results in healthy businesses. To that end,ARCO is N committed to protecting the public health, safety, and welfare of the community, and will LO consider any request deemed necessary by law enforcement in order to do so. M T Conclusion a ARCO is a responsible retailer. By virtue of its location, character, manner, and method of r operation, its merchandise and clientele, an ARCO at the Project Site would be an asset to the neighborhood, to members of the travelling public, and to the City. 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