HomeMy WebLinkAbout05.E- Community Development RESOLUTION (ID # 2904) DOC ID: 2904 H
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CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Tony Stewart M/CC Meeting Date: 02/18/2014
Prepared bv: Aron Liana, (909) 384-5057
Dept: Community Development Ward(s): 6
Subject:
Ordinance of the City of San Bernardino Approving Zoning Map Amendment 13-03, to Change
the Zoning Designation of Parcels 0139-051-10 and 15 from Residential Suburban (RS) to
Commercial General (CG-1). (FINAL READING) (#2904)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Increased property tax and sales tax of an undetermined amount to accrue to the City.
Motion: Adopt the Ordinance.
Synopsis of Previous Council Action:
November 18, 2013 - 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
General, Zoning Map Amendment 13-03 to amend the site's Zoning from Residential Suburban
Q (RS) to Commercial General (CG-1), and 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), located at the Southeast Corner of Medical Center Drive and Baseline Street,
were all deemed denied when the motion to approve the items failed on a 2 to 3 vote of the
Council.
Background:
* October 16, 2013 - The Planning Commission voted 7 - 1 in favor of the subject project and
recommended that Mayor and Common Council approve the amendment to the General Plan
Land Use Map to change the 10,600-square foot project site from Single-Family Residential to
Commercial, amend the site's zoning from Residential Suburban (RS) to Commercial General
(CG-1), and merge four parcels into one parcel, to 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.
* November 18, 2013 - At the Council meeting, the motion to approve GPA 13-02, ZMA13-03
and CUP13-14 failed on a 2-3 vote. The application was deemed denied.
* November 27, 2013 - The applicant filed a request for reconsideration of the denial of GPA13-
02, ZMA13-03 and CUP 13-14.
* January 20, 2014 - A legal advertisement was sent to the San Bernardino Sun Newspaper for
publication on January 23, 2014.
* January 22, 2014 - Notices to the property owners and residents within 500 feet of the exterior
boundaries of the subject property were mailed, providing the nature of the request, location of
the property, the date, time and place of the Mayor and Common Council meeting of February 3,
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2014 for GPA13-02, ZMA13-03 and CUP 13-14.
Analysis:
The applicant is requesting that the Mayor and Common Council reconsider the denial of
GPA13-02, ZMA13-03 and CUP13-14. At its meeting of November 18, 2013, the Mayor and
Common Council opened the public hearing and received public testimony on the subject matter.
Participants spoke both in opposition and in favor of the proposal. There were two speakers
opposed to the project who objected to the potential negative impacts to the neighborhood.
Three speakers spoke in favor of the proposed project and cited benefits to the area.
Additionally, Ms. Katherine Hall, one of the speakers who spoke in opposition of the proposed
project, testified that she resides at 1507 West Baseline Street and expressed concern that she had
not been notified of the public hearings for the proposed project. Upon further review of the
radius map, staff discovered that Ms. Hall's property is actually located approximately 650 feet
east of the proposed project site. Ms. Hall's property is not within the required notification 500-
foot radius map, pursuant to Development Code Section 19.52.040, Hearing Procedure.
Although there are no Development Code requirements to notify Ms. Hall of the subject public
hearing, staff noted her comments and has ensured that Ms. Hall would be notified of the subject
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hearing.
During the meeting, it was noted that Condition of Approval No. 5 limits the sale of alcoholic
beverage sales to the hours of 6:00 a.m. to 2:00 a.m. A question was raised by Council Member
Valdivia asking if the applicant would consider further limiting the hours of alcohol sales to the
hours of 6:00 a.m. to 12 a.m. The applicant indicated that limiting the hours of alcohol sales
would impact his ability to negotiate a national retail chain like 7-Eleven to be anchored at the
subject location and that the desired hours for alcohol sales are from 6:00 a.m. to 2:00 a.m.,
consistent with Condition of Approval No. 5. After considerable discussion, the motion to
approve to approve GPA 13-02, ZMA13-03 and CUP 13-14 failed on a 2-3 vote of the Council.
Subsequent to the hearing, the applicant had the opportunity to meet with representatives of 7-
Eleven to determine if modifications to the hours of alcohol sales would be acceptable. After
further consideration, 7-Eleven is supportive of limiting alcohol sales to the hours between 8:00
a.m. and 12:00 a.m. In the event that the Mayor and Common Council should grant the
reconsideration, revised Conditions of Approval, revising the hours of operation, are attached as
Exhibit B.
Findings of Fact- General Plan Amendment and Zoning Map Amendment
1. The proposed amendment is internally consistent with the General Plan.
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
related commercial uses to service the needs of the residents. The change in land use designation
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
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would enable the application to provide commercial goods and services to the surrounding
neighborhood.
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
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
land uses and quality design and Economic Development Policy 4.1.1 that seeks out businesses
that create jobs and generate sales tax revenue.
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
proposed amendment are located in an urbanized area, on an arterial corridor with a full array of
services available. The amendment from Residential to Commercial of 10,600 square feet would
facilitate and accommodate the development of a gas station with a convenience store on a
commercial property.
The proposed project has been 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 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.
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
proposed amendment maintains an appropriate balance of land uses by providing for re-use of an
existing commercial property. The proposed amendment will not change the balance of land uses
in the City.
4. The subject parcel(s) is physically suitable (including, but not limited to, access,provision of
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, 1.16-acre parcel. The proposed 1.16-acre parcel would physically be suitable for
commercial development and would enhance the immediate surrounding residential areas with
commercial development opportunity that will provide the necessary daily commercial goods
and services required by the residents in the immediate area. The proposed amendment area is
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bounded by developed, dedicated streets and existing infrastructure suitable for commercial
development. All required utilities and public services could adequately serve the site.
Findings of Fact-Conditional Use Permit
1. The proposed development is conditionally permitted in the subject zoning district and
complies with all applicable provisions of the Development Code, including prescribed site
development standards and any/all applicable design guidelines.
The proposed project is conditionally permitted under the CG-1 zoning district, and the proposed
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
the project site and will be compatible with existing development shopping center to the north of
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
district.
2. The proposed development is consistent with the General Plan.
As noted in GPA/ZMA Finding#1, above, the proposal is consistent the General Plan goals and
policies.
3. Approval of the Conditional Use Permit for the proposed development is in compliance with
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
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
natural resources that could not be properly mitigated and monitored.
As noted in Finding No. 1, 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.
Standard requirements for permitting and construction of the proposed project will ensure that
the project would not have significant impacts on environmental quality or natural resources.
Therefore, no mitigation required.
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5. The location, size, design, and operating characteristics of the proposed use are compatible
with the existing and future land uses within the general area in which the proposed use is to
be located and will not create significant noise, traffic or other conditions or situations that
may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the
public interest, health, safety, convenience, or welfre of the City.
The proposed project conforms to all applicable development standards and land use regulations
of the CG-1 zoning district. Therefore, the design of the project, in conjunction with the
recommended conditions of approval, will ensure that the project will not create significant
noise, traffic, or other conditions or situations that may be objectionable or detrimental to other
permitted uses in the vicinity of the site, nor will it be adverse to the public 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.
6 The subject site is physically suitable for the type and density/intensity of use being proposed.
The project site is physically suitable for the proposed project, developed at the density proposed
by CUP 13-14, as evidenced by the project's compliance with all applicable Development Code
Standards. There are no physical constraints that would limit development on the site as
proposed. Therefore, the site is physically suitable for the proposed project.
7. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public health and safety.
All agencies responsible for reviewing access and providing water, sanitation and other public
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.
Conclusion:
The proposed project 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,
conforms to Code requirements. Staff recommends approval of the proposed project with
revisions to Condition of Approval No. 5 to reflect a reduction in the hours alcohol can be sold at
the subject site.
Recommendation:
Based on the Council's denial of GPA13-02, ZMA13-03 and CUP13-14, staff recommends
approval of a modified version of GPA13-02, ZMA13-03 and CUP13-14, to revise the hours of
operation to limit the sale of alcoholic beverage sales between 8:00 a.m. and 12:00 a.m.
Supporting Documents:
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Resolution
F
j Resolution- Exhibit A-GPA13-02
Resolution- Exhibit B - Conditions of Approval
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viuuiaiiCe
Ordinance-Exhibit A -ZMA13-03
Attachment 1 - Location Map
Attachment 2 - PC Staff Report
Attachment 3 - PC Minutes
Attachment 4 - MCC Public Hearing Notice
Attachment 5 -J. Torkan PowerPoint_Feb-3-14
City Attorney Review:
Supporting Documents:
reso 2904 (PDF)
ord 2904 (PDF)
Ordinance Exhibit A ZMA13-03 (PDF)
Reso Exhibit A GPA13-02 (PDF)
Reso -Exhibit B -Amended Conditions (DOC)
Attachment 1 - Location Map(DOCX)
Attachment 2 - PC Staff Report (PDF)
Attachment 3 - PC Minutes (PDF)
Attachment 4- MCC Public Hearing Notice (DOC)
Attachment 5_Torkan_2-3-14(PDF)
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RESOLUTION NO.
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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CA TAT 13UP TH1 nT\TI�T" A Yi"DTTl�T1` d`VXTV1D A Y PY A TIT A AiYT,'1 ",1%rrL-kTrir 1-1 A' -rr% A I%4vXT" rVTIM
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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
7 20 LICENSE (OFF-SALE, BEER AND WINE), LOCATED AT THE SOUTHEAST CORNER
OF MEDICAL CENTER DRIVE AND BASELINE STREET.
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9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY v
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10 OF SAN BERNARDINO AS FOLLOWS: h
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SECTION 1. Recitals.
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12 WHEREAS,the Mayor and Common Council of the City of San Bernardino adopted the General M
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13 Plan for the City by Resolution No. 2005-362 on November 1,2005; and a
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14 WHEREAS, the application for General Plan Amendment 13-02 and Conditional Use Permit 13- °
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t s 14 was found by the Environmental Review Committee to be exempt from the California Environmental 3
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16 Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines in that the submitted project
17 plans and supporting data indicate that there will be no significant adverse effects on the environment; o
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19 WHEREAS, the CEQA exemption has been reviewed by the Environmental Review Committee,
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20 the PIanning Commission, and the Mayor and Common Council in compliance with the CEQA and local L
21 regulations; and
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22 WHEREAS, the Planning Commission conducted a noticed public hearing on October 16, 2013, R
23 in order to receive public testimony and written and oral comments on General Plan Amendment 13-02 a
I za and Conditional Use Permit 13-14 and f u ll reviewed ewed and considered the Planning Division Staff
25 Report and the recommendation of the Environmental Review Committee; and
26 WHEREAS, the Mayor and Common Council held a noticed public hearing on February 3,
27 2014, and fully reviewed and considered proposed General Plan Amendment 13-02 and Conditional Use
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I Permit 13-14, and the Planning Commission and Environmental Review Committee recommendations
2 and the Planning Division Staff Report.
3 NOW, THEREFORE, BE 11 RESOLVED, FOUND AND DETERMINED by the Mayor
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4 and Common Council that:
5 SECTION 1. Recitals.
6 The above Recitals are true and correct and are incorporated herein.
7 SECTION 2. Exemption.
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8 A. The proposed amendment to the General Plan of the City of San Bernardino will not have a
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9 significant effect on the environment, and the exemption heretofore prepared by the Environmental v
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30 Review Committee as to the effect of this proposed amendment is hereby ratified, affirmed and adopted.
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', 11 SECTION 3. General Plan Amendment 13-02. N
'11 12 A. General Plan Amendment 13-02 is hereby approved based upon the Findings of Fact M
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13 contained in the Staff Report to the Mayor and Common Council dated February 3, 2014. a
14 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan
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15 Amendment 13-02, to change the land use designation of approximately 10,600 square feet from
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16 Residential to Commercial in the area outlined in Exhibit A, attached and incorporated by reference.
17 C. General Plan Amendment 13-02 shall become effective upon the adoption and execution of o
18 this Resolution. v
19 SECTION 4. Conditional Use Permit 13-14. N
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20 Conditional Use Permit 13-14 is hereby approved based upon the Findings of Fact contained in a
21 the Staff Report to the Mayor and Common Council dated February 3, 2014, and subject to the
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22 Amended Conditions of Approval as recommended by the Planning Commission on October 16, 2013 5
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23 and as modified to reflect a reduction in hours that alcoholic beverages may be sold on-site, attached as a
24 Exhibit B and incorporated herein.
25 SECTION 6. Map Notation.
26 This Resolution and the amendment affected by it shall be noted on such appropriate General
27 Plan maps previously adopted and approved by the Mayor and Common Council and which are on file
28 in the office of the City Clerk.
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1 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.
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1 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 TO COMMERCIAL AND APPROVING CONDITIONAL USE PERMIT 13-14
T() iC[AT2T..TCYI A !!A C C7` Ti(1rT �x1I'i`AA A 41y1�1�7E�TiVAi�E �TvRE vv'I T i1 Air ADl`� TYPE
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20 LICENSE (OFF-SALE, BEER AND WINE), LOCATED AT THE SOUTHEAST CORNER
5 OF MEDICAL CENTER DRIVE AND BASELINE STREET.
6
7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a meeting thereof, held on the a
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day of ,2014, by the following vote,to wit: c
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11 Council Members: AYES NAYS ABSTAIN ABSENT
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12 MARQUEZ r
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Georgeann Hanna, City Clerk w
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22 The foregoing resolution is hereby approved this day of ,2014. a
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Patrick J. Morris,Mayor
25 City of San Bernardino
26 Approved as to form:
Gary D. Saenz,
27 City Attorney
28 By: _ [-
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'5 E
1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING ZONING
MAP AMENDMENT 13-03, TO CHANGE THE ZONING DESIGNATION OF
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PARCELS Q12o_n�1 1fl AND 15 �I'O'!'' uar�TTylr{NIV CIFT"T n T ..,r md,
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4 COl'VlMEKUTA'L GENERAL (C.:G-1).
5 WHEREAS,the current Development Code was initially implemented in 1991;and
6 WHEREAS, the current General Plan was initially implemented in 2005; and
7 WHEREAS, on October 16, 2013, the Planning Commission of the Citv of San
8 Bernardino held a noticed public hearing to consider public testimony and the staff report
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recommending approval of Zoning Map Amendment (ZMA) 13-03, and recommended
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approval of the proposed Zoning Amendment to the Mayor and Common Council; and M
10 WHEREAS, notice of the public hearing for the Mayor and Common Council's g
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consideration of the proposed Ordinance was published in The Sun newspaper on January 23, o
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2014. a
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14 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE _
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15 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: o
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SECTION 1. The Mayor and Common Council find that the above-stated Recitals c
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are true and hereby adopt and incorporate them herein.
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19 SECTION 2. Findings of Fact.
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` 1. The proposed amendment is consistent with the General Plan Land Use Policy 2.2.1 that E
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requires compatibility between land uses and quality design in that the proposed project has been
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22 designed with unifying architectural design elements and will be compatible with other Q
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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 tax
{ 25 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 area
27 by providing a venue for gas and commercial goods and services for that area.
28
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1 2. The proposed amendment does not cause changes that would be detrimental to the public
interest, health, safety, convenience, or welfare of the City, in that the properties subject to the
2 proposed amendment are located in an urbanized area,on an arterial corridor with a fall array of �
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I services available and the change in ?oning designaton of the �;tP frnm PR to C- ivill
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4 maintain a commercial land use classification on the site.
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6 3. The proposed amendment would maintain the appropriate balance of land uses within the
7 City. in that as noted in Findings 1 and 2, above, the change in zoning designatinn of the ,znNPrt .^+
$ site from RS to CG-1 will maintain the commercial General Plan land use designation for the a
9 site. Thus,the balance of land uses in the City will not be affected by this proposal. 0
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4. The subject parcels are physically suitable(including,but not limited to,access,provision 2
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of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the o
YZ requested land use designation(s) and the anticipated land use development(s). The project site 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 c
15 infrastructure suitable for commercial development. All required utilities and public services c
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16 could adequately serve the site. Therefore, the subject parcel is physically suitable for the W
Y requested zoning designation and the anticipated land use development.
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SECTION 3. Compliance with the California Environmental Quality Act. The N
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Mayor and Common Council finds that the proposed Zoning Map Amendment is exempt from o
20 the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA E
21 Guidelines, Infill Development, as submitted project plans and supporting date indicate that
22 there will be no significant adverse effect on the environment. a
23
I 24 SECTION 4. Zoning May Amendment 13-03, attached hereto as Exhibit A and
25 incorporated herein by reference, is hereby approved.
26
SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
27
clause or phrase in this Ordinance or any part thereof is for any reason held to be
28
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1 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
I each section irrespective of the fact that anv one or more subsections crnhdivicinnc ePntPnnPC
4 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING ZONING MAP
AMENDMENT 13-03, TO CHANGE THE ZONING DESIGNATION OF PARCELS
2 0139-051-10 AND 15 FROM RESIDENTIAL SUBURBAN (RS) TO COMMERCIAL
GENERAL (CG-1),
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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
6 the day of , 2014, by the following vote to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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Georgeann Hanna, City Clerk 0
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21 The foregoing Resolution is hereby approved this day of
22 2014. Q
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24 Patrick J. Morris, Mayor
25 Approved as to form: City of San Bernardino
Gary D. Saenz,
26 City Attorney
27 By: ci[
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5.E.e
EXHIBIT B
AMENDED CONDITIONS OF APPROVAL
General Plan Amendment 13-02, Zoning Map Amendment 13-03 and
Conditional Use Permit 13-14(With ABC Type 20 License)
1. This approval is for construction of a gas station with a 2,789-square foot convenience store M
with a Type 20 ABC license (Off-sale, Beer & Wine), located at the southeast corner of a.
Medical Center Drive and Baseline Street. All development shall be in substantial v
conformance to submitted plans date stamped August 15, 2013. o
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2. Within two years of development approval, commencement of construction shall have Q
occurred or the permit/approval shall become null and void. In addition, if after N
commencement of construction, work is discontinued for a period of one year, then the
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permit/approval shall become null and void. However, approval of this application does not <
authorize commencement of construction. All necessary permits must be obtained prior to a.
commencement of specified construction activities included in the Conditions of Approval.
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Expiration Date: 2 years from approval date of the GPA/CUP
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3. The review authority may, upon application being filed 30 days prior to the expiration date
of CUP No. 10-14 and for good cause, grant a one-time extension not to exceed 12 months.
The review authority shall ensure that the project complies with all current Development
Code provisions.
0
4. In the event this approval is legally challenged, the City will promptly notify the applicant
of any claim, action or proceeding and will cooperate fully in the defense of this matter. o
Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San U
Bernardino (City), any departments, agencies, divisions, boards or commission of the City
as well as predecessors, successors, assigns, agents, directors, elected officials, officers,
employees, representatives and attorneys of the City from any claim, action or proceeding E
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against any of the foregoing persons or entities. The applicant further agrees to reimburse m
the City of any costs and attorneys' fees which the City may be required by a court to pay as
a result of such action, but such participation shall not relieve applicant of his or her
obligation under this condition. 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 rescinded or revoked, whether or not at the request of applicant. E
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5. The hours of operation for the gas station shall be 24 hours and hours of alcoholic beverage Q
sales shall limited to the hours between 8:00 a.m. and 12:00 a.m.
Ar
B
Packet Pg. 40
CUP 13-14
MCC Hearing Date:Febmary 3,2014
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).
7. Signs/banners shall not be placed on or over the roof or within landscaped areas.
8. Outside storage shall be prohibited.
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9. The applicant shall be responsible for regular maintenance of the project site. Vandalism, a
graffiti,trash and other debris shall be removed and cleaned up within 24 hours. v
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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 N
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approved plans.
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11. (**) Prior to the issuance of a Certificate of Occupancy, the applicant shall construct a-six
feet an eight foot tall decorative block wall (both sides) along the south property boundary. °
12. This approval shall comply with the requirements of other outside agencies (i.e., San
Bernardino County Health Department, Division of Environmental Health Services, and N
California Board of Equalization), as applicable.
13. Submittal requirements for permit applications (building, site improvements, landscaping, N
etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions
of Approval issued with this approval,printed on the plans. o
14. All exterior lighting shall be energy efficient with the potential to lower or reduce usage. All o
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 E
construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may Q
only occur Monday through Friday. m
16. The alcoholic beverage sales activity shall conforr.n. to Section IV - Operational Standards x
of Ordinance MC-1331 (Development Code Section 19.06.030(2)(B) -Alcoholic Beverage w
Sales. °
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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: E
°
a) Wine or distilled spirits in containers of less than 750 milliliters. Q
b) Malt beverage products with alcohol content greater than five and one-half percent by
volume.
c) Wine with an alcoholic content greater than 14 percent by volume unless in corked
bottles and aged at least two years.
2
Packet!Pg.41
CUP 13-14
MCC Hearing Date:Febmary 3,1014
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.
v
f) Cooler products, either wine or malt beverage based, in less than four-pack quantities. M
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18. Pam phones: Pay Telephones on the site of the establishment shall be required to be of v
the type that only allow outgoing calls and shall be in visible and well-lighted locations. o
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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 N
Department: h
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a) Posting at the entry of the establishment providing the telephone number for the area
C7
commander of the local law enforcement substation to any requesting individual. o
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b) Coordinating efforts with the Police Department to monitor community complaints
about the establishment activities. 0
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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 N
neighborhood complaints regarding the establishment.
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20. Sig_s: 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 c
language of the patrons:
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a) "California State Law prohibits the sale of alcohol beverages to persons under 21
years of age. Q
J b) "No Loitering or Public Drinking." m
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c) "It is illegal to possess an open container of alcohol in the vicinity of this w
establishment." o
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21. Presentation of Documents: A copy of the Conditions of Approval and the California
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Department of Alcoholic Beverage Control License shall be kept on the premises and d
presented to any City Enforcement Officer or authorized state or county official upon E
request.
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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.
3
Packet 9, 42
CUP 13-14
MCC Hearing Date:February 3,1014
Page 4
23. Drug_Paraphernaha: Selling drug/tobacco paraphernalia products as defined
in Health and
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,
compounding, converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise
introducing into the human body a controlled substance in violation of the California a
Uniform Controlled Substances Act commencing with California Health and Safety Code v
section 11000. c
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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 N
enforcement officials for enforcement of applicable trespassing and loitering laws if persons °
requested to leave fail to do so. <
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25. Security Cameras: At least two 24-hour time lapse security cameras shall be installed and o
properly maintained on the exterior of the building at locations recommended by the Police o
Department. All criminal and suspicious activities recorded on this surveillance equipment
shall be reported to the Police Department and the tape or other recording media shall be 6
provided to the Police Department upon request.
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.
All security guards shall have all required state and City permits and licenses. o
27. Prohibited Vegetation: Exterior vegetation shall not be planted or maintained in a manner o
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.
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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 0°
the premises, including the area in which the cash registers are maintained, from the exterior s
public sidewalk or entrance. w
0
29. The site and any adjacent area used by patrons of the site shall be maintained free of litter. CD
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
the business and in adjacent parking areas.
30. The parking lot of the premises shall be equipped with lighting of sufficient power to Q
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.
4
Packet;Pg.43
5.E.e
CUP 13-14
MCC Hearing Date:February 3,2014
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.
32. No alcoh oiic beverages shall be consumed on any property adjacent to ile licensed premises
under the control of the licensee (with the exception of other properly licensed
establishments). No alcoholic beverages shall be consumed along the exterior of the M
business, in any parking area, or on any adjacent city street or alleyway. o.
33. Music shall not be audible outside the premises, in adjacent attached businesses, or any c
neighboring residences.
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34. Licensee must comply with all City building, fire, zoning and health regulations. N
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35. Upon demand, licensee must make available to any police official the current names and
addresses of persons who are in the management or operation of the business. a
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36. The applicants shall be responsible for reimbursement costs to the City of San Bernardino 0
for "Extraordinary" police services on their premises. Extraordinary police services are o
those defined under SBMC § 8.82.010.
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37. 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. N
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. o
Signs and banners shall not encroach into the public right-of-way.
_
38. The convenience store operator shall not have more than 2 video games or pool tables in the v
business unless the lessor is proven to have, or obtains a valid permit with the City.
39. Drainage and Flood Control E
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
infiltration zone will be required prior to acceptance of the final WQMP and the w
required method of testing for the percolation rate is the double ring infiltrometer °m
test.
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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 E
Erosion Control Plan for review and approval. Hydrology and hydraulic r
calculations shall be submitted and approved prior to issuance of grading permits. 4
5
Packet;Pg 44 .
S.E.e
CUP 13-14
MCC Hearing Date:Februaiy 3,2014
Page 6
40. Grading and Landscaping
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
' incorporate and conform to all requirements of Section 15,04-167 of the
Municipal Code(See "Grading Policies and Procedures").
M
b. An on-site improvement plan is required to be reviewed and approved prior to iL
final occupancy. The plans must include details of the on-site lighting with a U
Photometric plot which shows the proposed illumination rate. The applicant shall o
submit three copies to the Land Development Division for checking.
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c. The project Landscape Plan shall be reviewed and approved by the Director of N
Community Development prior to issuance of a grading permit. The applicant °
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shall submit five copies to the Land Development Division for checking.
d. Prior to building occupancy, an easement and covenant is required to be executed o
on behalf of the City to allow the City to enter and maintain any required o
landscaping in case of owner neglect. Upon request, the Real Property Section
will prepare documents for execution by the property owner. The documents will 0
ensure that, if the property owner or subsequent owner(s) fail to properly maintain
the landscaping, the City will be able to file appropriate liens against the property
0 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. o
e. The refuse enclosure shall be constructed in accordance with City Standard
Drawing No. 508. 0
3
41. Street Improvement and Dedications
as
a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to E
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provide the distance from street centerline to property line and placement of the m
curb line(C.L.) in relation to the street centerline is as follows:
X
Street Name Right-of-Way(ft.) Curb Line(ft)
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Medical Center Drive 44' (Dedication of 2.75' 32'
c
required)
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Baseline Street 50' (Dedication of 8.75' 32' C
required)
Tiajuana Street 25' (No additional dedication 15'
required)
6
Packet Pg.45
CUP 13-14
MCC Hearing Date:Febmary 3,2014
Page 7
b. Submit all dedications documents to Real Properties prior to the approval of the
off- site improvements plans.
C. O11-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 d
improvements must be shown on the plan and constructed and approved prior to
final occupancy:
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1. Construct curb ramps at the intersections of Medical Center Drive and c
Baseline Street and Baseline Street and Tiajuana Street. Remove the existing M
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driveways along Medical Center Drive, Baseline Street and T iajuana 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 o
Tiajuana Street shall be reconstructed and restriped to centerline. Broken or
damaged sidewalk and curb and gutter shall be replaced along the frontage of a
the project. o
2. Driveway Approaches shall be constructed per City Standard No. 204, Type o
II, including an accessible by-pass around the top of the drive approach. M
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3. Utility and pole relocation may be required to construct the above W
improvements. Required utility and pole relocation shall be done at the
developer's expense with no cost to the City.
42. Applicable Engineering Fees
ees W
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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. o
43. No final Certificate of Occupancy shall be issued until all conditions of approval have
been completed.
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44. (*) The applicant/operator shall coordinate with the San Bernardino Unified School a
District to develop programs for nutritional values to offer as food items in locations m
available for students.
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45. (**) /*mil The shall obtain the ABC r; e f.,,,., ., business 1,,ecAe i w
within the Git, o
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(*)Added by the Planning Commission on October 16,2013.
(**)Modified by the Mayor and Common Council on February 3, 2014.
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Packet Pg.46
5.E.f
ATTACHMENT A - LOCA T ION %v"/AP
CITY OF SAN BERNARDINO
I 7�r
IIPLANNING DIVISION
II PROJECT. RECONSIDERATION GPA 13-02.1 u 1
ZMA7-3-03 and CUP7- s44
I BEARING DATE: 213114
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Agenda Item: #6
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: General Plan Amendment 13-02,Zoning Amendment 13-03 and
Conditional Use Permit No. 13-14
HEARING DATE: October 16,2013
WARD: 7 j
U
OWNERJAPPLICANT: REPRESENTATIVE: o
Pioneer Baseline Plaza, LLC Thatcher Engineering&Associates, Inc.
c/o: ICO Real Estate Group 1461 Ford Street, Suite 105
4221 Wilshire Blvd. Suite 240 Redlands, CA 92373 �!
N
Los Angeles, CA 90010 909.748.7777
323.932.7777 Q
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REQUEST/LOCATION: A request to amend the General Plan Land Use Map for a 10,600- o
square foot project site from Single-Family Residential to Commercial, to amend the site's 3
zoning from Residential Suburban (RS) to Commercial General (CG-1), merge four parcels into N
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.
N
Assessor Parcel Numbers: 0139-051-10, 14, 15 and 25 Q.
CONSTRAINTS/OVERLAYS:
w
None N
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ENVIRONMENTAL FINDINGS: �-
® Exempt from CEQA, Section 15332—Infill Development N
❑ No Significant Effect
❑ Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program s
❑ Environmental Impact Report with Mitigation Monitoring/Reporting Program Facts, Findings
and Statement of Overriding Considerations Q
STAFF RECOMMENDATION: c
❑ Approval
❑ Conditions
❑ Denial
® Recommend to Mayor and Common Council either: Q
1. Approval of the proposed project without the ABC Type 20 License; or
2. Approval of the proposed project with the ABC Type 20 License
:'Packets 1 g 48
GPA13-02, ZA 13-03, CUP13-14 "
PC Meeting Date: 10-16-13
Page 2
PROJECT DESCRIPTION
The applicant requests approval of the following:
General Plan Amendment(GPA) 13-02 under the authority of Development Code § 19.50.030 to
change the land use designation of approximately 10,600 square feet from Residential to
Commercial;
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 a-
Commercial General(CG-1); 0
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Conditional Use Permit 13-04 under the authority of Development Code § 19.36.050 to construct r
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 comer of Medical Center Drive and Baseline Street. N
s o
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The proposal involves constructing a gas station with a 2,789-square foot convenience store with a
a Type 20 ABC license (Off-sale, Beer & Wine) (Attachment B). Three entrances are proposed 0
to provide convenient access to the site; one on Baseline Street and the others on Medical Center o
Drive and Tiajuana Street(Attachment A). o
SETTING/SITE CHARACTERISTICS
The project site consists of four individual parcels totaling 1.16 acres and is partially occupied by
0 CD
an existing office building which will be demolished to accommodate the proposed gas station N
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with a 2,789-square foot convenience store.
o
e.
Table 1: SITE AND SURROUNDING LAND USES
LOCATION LAND USE ZONE GENERAL 0)
PLAN
CL
DESIGNATION N
Site Commercial Bld. Commercial General (CG-1) Commercial and
and Residential Suburban Residential E
(RS)
North Shopping Center Commercial General (CG-1) Commercial a
South Single-family Residential Suburban(RS) Residential
Residences E
East Vacant Property Commercial General (CG-1) Commercial
West Vacant Property Commercial General (CG-1) Commercial a
Packet;Pg.49!
i
GPA13-02,ZA 13-03, CUP13-14
PC Meeting Date: 10-16-13
Page 3
PROJECT HISTORYBACKGROUND
• 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
applications was submitted.
• August 1, 2013 - The Development/Environmental Review Committee (D/ERC)
reviewed the application and moved on to the Planning Commission for
consideration.
• October 2, 2013 — A legal advertisement was sent to the San Bernardino Sun a
Newspaper for publication on October 4, 2013. v
• October 4, 2013 —Notices to the property owners and residents within 500 feet of cli
the exterior boundaries of the subject property were mailed, providing the nature M
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- N
14 (Attachment F). o
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ANALYSIS
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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
on-site improvements to include landscaping,parking, loading, handicap accessibility, and refuse N
enclosure on approximately 1.16 acres. The subject site has historically been vacant and partial
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 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 o
hours of operation will be 24 hours, seven days per week. C
Architecture N
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 a
Edwards - Breath of Spring) with complementary colors (Dunn Edwards — Cheesecake and N
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 E
finish to match the elevations. Additional architectural features proposed for the building include y
decorative lines, offset roofline, roof plane, roof height, and exterior walls in depth and direction. a
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.
Q
Landscaping
The proposed landscaping will include 19 trees (24" box of various species including Australian
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
and complies with the Development Code requirements pursuant to Chapter 19.28, Landscaping
Standards.
Packet Pg.50,
p
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
Center Drive and Baseline Street. The intersection is generally operating at an acceptable Lcve1
of Service C and can accommodate additional vehicle trips generated by the proposed project.
Parking r
The Development Code requires one space for each pump island and one space for each 250 C;
square feet of gross floor area for the project. The proposed project requires 11 stalls and the D
project site provides 21 stalls. M
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The project site provides adequate space for required parking and on-site circulation and
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complies with the CG-1 land use regulations and development standards of the Development N
Code, as indicated in Table 2: N
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TABLE 2: PROJECT COMPLIANCE WITH DEVELOPMENT STANDARDS a
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STANDARD DEVELOPMENT CODE PROJECT PLANS °
Building Coverage 75%maximum
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Parking 11 stalls 21 stalls
15% of parking area 25% (6,853 square feet)
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Landscaping (3 trees) (19 trees)
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Building Height 45 feet 24 feet
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Operating Characteristics y
The hours of operation for the proposed project are expected to be 24 hours, seven days per a
week.
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Neighborhood Impact: E
Public hearing notices were sent to property owners and occupants within 500 eet of the subject
site, as required by Section 19.52.020 of the City of San Bernardino Development Code a
(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. Q
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 and 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
Packet Pg:.51
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
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.
Police Department Concerns A
The Police Department participated in the review of the proposal. On September 16, 2013, the a
D
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). M
The subject site is located in Census Tract 42.02, Reporting District S1240. Based on ABC N
concentration criteria, three ABC off-sale licenses are allowed in the subject tract. There are C,
currently five active existing off-sale licenses in Census Tract 42.02. The site is located in an
over-concentrated tract. The Police Department cited the high crime rate in the subject reporting Q
district and the over-concentrated tract in its recommendation for denial of the proposed ABC 0
Type 20 License (Off-sale, Beer&Wine). °
o
However, the applicant has submitted a letter from 7-Eleven (the proposed operator) in support
of the proposed project. The applicant/7-Eleven have expressed that the ABC license is a ,°�
companion component necessary for the proposed convenience store to operate successfully
project (Attachment E). o
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N
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
0
CL
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 enviromnent, and the project qualifies for exemption. vn
U
a
FINDINGS OF FACT — GENERAL PLAN AMENDMENT AND ZONING MAP N
AMENDMENT c
a�
E
1. The proposed amendment is internally consistent with the General Plan. �
0
The proposed amendment requests a new commercial land use designation of approximately a
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 s
accommodate retail, personal service, entertainment, office automobile and repair facilities, and a
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
would enable the application to provide commercial goods and services to the surrounding
neighborhood.
Packet;Pg. 52
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
improve tree 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
land uses and quality design. and Economic Development Policy 4.1.1 that seeks out businesses
that create jobs and generate sales tax revenue.
a
2. The proposed amendment would not be detrimental to the public interest, health, safety, DUI
convenience, or welfare of the City. °
cn
a
The proposed amendment does not cause changes that would be detrimental to the public N
interest, health, safety, convenience, or welfare of the City. The properties subject to the c
proposed amendment are located in an urbanized area, on an arterial corridor with a full array of
services available. The amendment from Residential to Commercial of 10,600 square feet would a
facilitate and accommodate the development of a gas station with a convenience store on a 0
commercial property.
c
0
As discussed in the Analysis under Neighborhood Impact, the proposed project has been 3
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
to the south of the site. As proposed and conditioned, the proposal will not create conditions that o
may be detrimental to other permitted uses in the vicinity,because the amendment would allow a N
use that would be consistent with the CG-1 zone, intended for a variety of commercial uses.
0
c.
3. The proposed amendment maintains the appropriate balance of land uses within the City. W
The proposed commercial land use designation would affect two of the thousands of parcels in U)
the City (10,600 square feet in total area), which are currently designated Residential. The a
proposed amendment maintains an appropriate balance of land uses by providing for re-use of an
existing commercial property. The proposed amendment will not change the balance of land uses
in the City. E
4. The subject parcel(s) is physically suitable (including, but not limited to, access,provision of Q
utilities, compatibility with adjoining land uses, and absence of physical constraints)for the
requested land use designation(s)and anticipated land use development(s). E
The project site consists of four individual parcels that are proposed to be consolidated into one, w
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
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
required utilities and public services could adequately serve the site.
Packet Pg.53
GPA13-02,ZA 13-03, CUP13-14 9-
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
complies with all applicable provisions of the Development Code, including prescribed site
development standards and any/all applicable design guidelines.
The proposed project is conditionally permitted under the CG-1 zoning district, and the proposed
i 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
the project site and will be compatible with existing development shopping center to the north of
the project site. A 10-foot landscape setback along the south property boundary will provide a M
buffer zone between the residences adjacent to the south of the project site. The project complies a
with all applicable provisions of the Development Code, as illustrated in the staff report. N
Therefore, the proposal would not impair the integrity and character of the subject land use o
district.
r
a
a
2. The proposed development is consistent with the General Plan. c9
0
As noted in GPA/ZMA Finding#1, above, the proposal is consistent the General Plan goals and o
policies. '
0
N
d
3. Approval of*the Conditional Use Permit,for the proposed development is in compliance with
the requirements of the California Environmental Quality Act and Section 19.20.030(6) of o
the Development Code.
The proposed project is exempt from the California Environmental Quality Act (CEQA) °
a
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 C;
note above.
a�
E
4. There will be no potential significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored. a
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. w
Standard requirements for permitting and construction of the proposed project will ensure that Q
the project would not have significant impacts on environmental quality or natural resources.
Therefore, no mitigation required.
Packet;Pg. 54
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
public interest, .health, safety, convenience, or welfare of the City;
The proposed project conforms to all applicable development standards and land use regulations
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
create significant noise, traffic, or other conditions or situations that may be objectionable or a.
detrimental to other permitted uses in the vicinity of the site, nor will it be adverse to the public v
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 Q
and general welfare of the City. N
N
6 The subject site is physically suitable for the type and density/intensity of use being proposed. M
a
The project site is physically suitable for the proposed project, developed at the density proposed
by CUP 13-14-07, as evidenced by the project's compliance with all applicable Development w
Code Standards noted in Table 2. There are no physical constraints that would limit development o
on the site as proposed. Therefore, the site is physically suitable for the proposed project.
0
ql
d
7. There are adequate provisions for public access, water, sanitation, and public utilities and
Q services to ensure that the proposed use would not be detrimental to public health and safety. o
o�
N
All agencies responsible for reviewing access and providing water, sanitation and other public
services to the site have had the opportunity to review the proposal, and none indicated inability a
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. M
CONCLUSION a.
N
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 E
recommendation by the Police Department in a memo dared September 1E, 20 13, opposing the
ABC Type 20 License (Off-sale Beer & Wine), and in consideration of the applicant support Q
letter from 7-Eleven, staff is recommending two motions.
a�
E
RECOMMENDATION
r
Staff recommends that the Planning Commission recommend that the Mayor and Common a
Council:
Packet P-9."55
GP1113-02, 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);
Or
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 & Wine) based on the a
Findings of Fact contained in the Staff Report and subject to the Conditions of Approval v
cli
(Attachment Q.
Q
Respeetfull Submitted, N
M
t- 1 T
t' a.
ca
Aron Lian
Senior Planner =
0
0
Approved for Distribution:
o
Tony Stewart, AICP c
a Acting Community Development Director
Attachments: A. Location and Aerial Maps in
B. Project Plans Date Stamped December 28, 2011 a
C. Conditions of Approval
D. Police Memo Dated September 16, 2013
E. Letter from 7-Elevan Requiring the ABC License
E
F. Public Hearing Notice 4i
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5.E.g
�I ATTACHMENT A —ZONING" MAP
F F SAN BERNARDINO
ING DIVISION
PROJECT: GPA13-02, ZMA13-03 & CUP13-14 I u 1
li 1 LOCA I IUN MAP NORTH
j = HEARING DATE: 10/16/13 �
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5.E.g
ATTACHMENT C
CONDITIONS OF APPROVAL
General Plan Amendment 13-02, Zoning Amendment 13-03 and
Conditional Use Permit 13-14 (No ABC Type 20 License)
1. This approval is for construction of a gas station with a 2,789-square foot convenience store
[no Type 20 ABC license (Off-sale, Beer & Wine)], located at the southeast corner of r
Medical Center Drive and Baseline Street. All development shall be in substantial
conformance to submitted plans date stamped August 15, 2013. v
M
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 N
permit/approval shall become null and void. However, approval of this application does not o
authorize commencement of construction. All necessary permits must be obtained prior to
commencement of specified construction activities included in the Conditions of Approval. a
t9
0
Expiration Date: 2 years from approval date of the GPA
0
3. The review authority may, upon application being filed 30 days prior to the expiration date N
of CUP No. 10-14 and for good cause, grant a one-time extension not to exceed 12 months.
The review authority shall ensure that the project complies with all current Development
Code provisions.
0
N
4. In the event this approval is legally challenged, the City will promptly notify the applicant o
of any claim, action or proceeding and will cooperate fully in the defense of this matter. Q
Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San
Bernardino Ci the Economic Development Agency of the City of San Bernardino N
( �'),
(EDA), any departments, agencies, divisions, boards or commission of either the City or v
EDA as well as predecessors, successors, assigns, agents, directors, elected officials, a.
officers, employees, representatives and attorneys of either the City or EDA from any claim, N
r
action or proceeding against any of the foregoing persons or entities. The applicant further
agrees to reimburse the City of any costs and attorneys' fees which the City may be required =
by a court to pay as a result of such action, but such participation shall not relieve applicant
of his or her obligation under this condition. a
y
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 ��,
j rescinded or revoked,whether or not at the request of applicant. a
5. The ro j ect shall comply with the requirements of other outside agencies, as applicable (e.g.
California Department of Alcoholic Beverage Control, County Health Department).
i
M 6. Signs/banners shall not be placed on or over the roof or within landscaped areas.
Packet Pg.�65
S.E.g
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.
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 r
approved plans. a
10. Prior to issuance of a Certificate of Occupancy, the applicant shall construct a six-foot tall M
decorative block wall (both sides) along the south property boundary. M
r
Q
11. 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 o
California Board of Equalization), as applicable.
Q
12. Submittal requirements for permit applications (building, site improvements, landscaping,
etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions
of Approval issued with this approval, printed on the plans. o
13. All exterior lighting shall be energy efficient with the potential to lower or reduce usage. 0
All exterior lighting shall be shielded to confine light spread within the site boundaries.
v
14. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. N
No construction vehicles, equipment, or employees may be delivered to, or arrive at the
construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may Q
only occur Monday through Friday.
w
m
15. Drainage and Flood Control c`n
U
a) The preliminary storm water runoff treatment proposed for this project is an a
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
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 ca
test. Q
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. Q
Y
Packet P9`66 .'
5.E.g
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
grading plan are required to be reviewed and approved. The grading plan shall
incorporate an
d conform
to all requirements of Section 15.04-167 of the
_ o
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 a
Photometric plot which shows the proposed illumination rate. The applicant shall D
U
submit three copies to the Land Development Division for checking. 6
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 N
shall submit five copies to the Land Development Division for checking. c
r
d. Prior to building occupancy, an easement and covenant is required to be executed a
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 °
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 o
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 c
Property Section to cover processing costs. N
e. The refuse enclosure shall be constructed in accordance with City Standard c
Drawing No. 508.
d
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17. Street Improvement and Dedications
U
a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to n.
provide the distance from street centerline to property line and placement of the N
curb line (C.L.) in relation to the street centerline is as follows:
u
Street Name Right-of-Way(ft.) Curb Line(ft) r
a
Medical Center Drive 44' (Dedication of 2.75' 32' E
required)
�o
Y
Y
Q
Baseline Street 50' (Dedication of 8.75' 32'
required)
Tiajuana Street 25' (No additional dedication 15'
required)
Packet Pg.67
`SEg
i
CUP 13-14
PC Hearing Date:October 16,2013
Page 4
b. Submit all dedications documents to Real Properties prior to the approval of the
off- site improvements plans.
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:
1. Construct curd 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 N
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
Cq
Tiajuana Street shall be reconstructed and restriped to centerline. Broken or 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. o
3. Utility and pole relocation may be required to construct the above
improvements. Any required relocations shall be at developer's expense with a
no cost to the City of San Bern ardino. N
18. Applicable Engineering Fees o
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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.
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19. No final Certificate of Occupancy shall be issued until all conditions of approval have been °-
completed. cm
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Packet',Pg68
5.E.g
ATTACHMENT C
CONDITIONS OF APPROVAL
General Plan Amendment 13-02, Zoning Amendment 13-03 and
Conditional Use Permit 13-14 (With ABC Type 20 License)
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
Medical Center Drive and Baseline Street. All development shall be in substantial
conformance to submitted plans date stamped August 15, 2013. D
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2. Within two years of development approval, commencement of construction shall have M
occurred or the pennit/approval shall become null and void. In addition, if after
commencement of construction, work is discontinued for a period of one year, then the N
permit/approval shall become null and void. However, approval of this application does not c
authorize commencement of construction. All necessary permits must be obtained prior to Q
commencement of specified construction activities included in the Conditions of Approval. a.
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Expiration Date: 2 years from approval date of the GPA
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3. The review authority may, upon application being filed 30 days prior to the expiration date o
of CUP No. 10-14 and for good cause, grant a one-time extension not to exceed 12 months.
® The review authority shall ensure that the project complies with all current Development
Code provisions.
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4. In the event this approval is legally challenged, the City will promptly notify the applicant o
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 N
(EDA), any departments, agencies, divisions, boards or commission of either the City or
EDA as well as predecessors, successors, assigns, agents, directors, elected officials, a
officers, employees, representatives and attorneys of either the City or EDA from any claim, r
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 E
by a court to pay as a result of such action, but such participation shall not relieve applicant o
of his or her obligation under this condition. a
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The costs, salaries, and expenses of the City Attorney and employees of his office shall be E
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 r
rescinded or revoked,whether or not at the request of applicant. Q
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.
Packet�Pg. 69',
5.E.g
CUP 13-14
PC Hearing Date:October 16,2013
Page 2
E 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).
7. Signsi canners shall riot be placed on or over the roof or within landscaped areas.
8. Outside storage shall be prohibited.
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. a
10. If the color or architecture of the building is proposed to be modified in the future, the M
revised color scheme and or architecture shall be submitted to the Planning Division prior to M
any modification of the building exterior, for evaluation for substantial conformance to the Q
approved plans. N
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11. Prior to the issuance of a Certificate of Occupancy, the applicant shall construct a six-foot
tall decorative block wall (both sides) along the south property boundary. nQ.
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12. This approval shall comply with the requirements of other outside agencies (i.e., San
Bernardino County Health Department, Division of Enviromnental Health Services, and o
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California Board of Equalization), as applicable. '
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13. Submittal requirements for permit applications (building, site improvements, landscaping,
etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions c
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 °�
exterior lighting shall be shielded to confine light spread within the site boundaries.
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15. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. Cn
No construction vehicles, equipment, or employees may be delivered to, or arrive at the a
construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may N
only occur Monday through Friday.
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16. The alcoholic beverage sales activity shall. conform to Section I'lJ — Operational 1 Standards �
of Ordinance MC-1331 (Development Code Section 19.06.030(2)(B) —Alcoholic Beverage Q
Sales.
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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.
b) Malt beverage products with alcohol content greater than five and one-half percent by
volume.
c) Wine with an alcoholic content greater than 14 percent by volume unless in corked
bottles and aged at least two years.
Packet F g, ,9
CUP 13-14
PC Hearing Date:October 16,2013
Page 3
r f beer or malt liquor not in their original factory packages of six-packs or
d) Containers o q
greater.
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.
18. Pay phones: Pay Telephones on the site of the establishment shall be required to be of
the type that only allow outgoing calls and shall be in visible and well-lighted locations. v
V;
19. Program: The applicant shall establish or cooperate in a "complaint response community M
relations" program which may include the following, in cooperation with the Police Q
Department: N
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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. a
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b) Coordinating efforts with the police department to monitor community complaints
about the establishment activities. a
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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.
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20. Sig_s: The following signs shall be prominently posted in a readily visible manner on an o
interior wall or fixture, and not on windows, in English, Spanish and the predominant C
language of the patrons:
a) "California State Law prohibits the sale of alcohol beverages to persons under 21 v
years of age. a
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b) "No Loitering or Public Drinking."
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C) "It is illegal to possess an open container of alcohol in the vicinity of this
establishment." a
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21. Presentation of Documents: A copy of the Conditions of Approval and the California
Department of Alcoholic Beverage Control License shall be kept on the premises and 0
presented to any City Enforcement Officer or authorized state or county official upon Q
request.
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.
Packef:�Pg.71
CUP 13-14
PC Hearing Date:October 16,2013
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
all equipment,products and materials of any nand uiat are Liscu, iii«nded for use or designed
for use in planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise
introducing into the human body a controlled substance in violation of the California
Uniform Controlled Substances Act commencing with California Health and Safety Code
section 11000. v
24. Loitering: The establishment's operators or employees shall discourage loiterers and ask M
persons loitering longer than fifteen minutes to leave the area and contact local law Q
enforcement officials for enforcement of applicable trespassing and loitering laws if persons N
requested to leave fail to do so. q
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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
Department. All criminal and suspicious activities recorded on this surveillance equipment
shall be reported to the Police Department and the tape or other recording media shall be o
provided to the Police Department upon request. o
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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. c
All security guards shall have all required state and City permits and licenses.
27. Prohibited Vegetation: Exterior vegetation shall not be planted or maintained in a manner C
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. Y
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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 c•,
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
public sidewalk or entrance. r
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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 E
k operator shall be responsible for the posting of signs prohibiting litter around the exterior of
the business and in adjacent parking areas. a
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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
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shall not disturb the normal privacy and use of neighboring properties.
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Packet Pg. 72
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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.
32. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises
under the control of the licensee (with the exception of other properly licensed
establishments). No alcoholic beverages shall be consumed along the exterior of the _
business,in any parking area, or on any adjacent city street or alleyway.
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33. Music shall not be audible outside the premises, in adjacent attached businesses, or any j
neighboring residences. M
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34. The following signs shall be required to be prominently posted in a readily visible manner Q
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 N
persons under 21 years of age," "No Loitering or Public Drinking," and "It is illegal to M
possess and open container of alcohol in the vicinity of this establishment." Q
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35. Licensee must comply with all City building, fire, zoning and health regulations. o
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36. Upon demand, licensee must make available to any police official the current names and °
addresses of persons who are in the management or operation of the business. o
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37. The applicants shall be responsible for reimbursement costs to the City of San Bernardino
for "Extraordinary" police services on their premises. Extraordinary police services are
those defined under SBMC § 8.82.010.
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.
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Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is N
obtained. Signsibanners 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. �•,
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39. The convenience store operator shall not have more than 2 video games or pool tables in the E
business unless the lessor is proven to have, or obtains a valid permit u7ith the City.
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40. Drainage and Flood Control Q
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a) The preliminary storm water runoff treatment proposed for this project is an E
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.
(17
PackeIt Pg.-73
-7-7of
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
1,._.1 .7 .� 4
call ulations shall be submitted and approved prior to issuance of
grading permits.
41. Grading and Landscaping
P
a. Prior to issuance of the building permit, an on-site improvement plan and a A
grading plan are required to be reviewed and approved. The grading plan shall
incorporate and conform to all requirements of Section 15.04-167 of the V
Municipal Code (See "Grading Policies and Procedures"). o
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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 N
Photometric plot which shows the proposed illumination rate. The applicant shall °
submit three copies to the Land Development Division for checking. Q
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c. The project Landscape Plan shall be reviewed and approved by the Director of o
Community Development prior to issuance of a grading permit. The applicant o
shall submit five copies to the Land Development Division for checking.
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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
landscaping in case of owner neglect. Upon request, the Real Property Section rn
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 o
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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.
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e. The refuse enclosure shall be constructed in accordance with City Standard N
Drawing No. 508. c
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42. Street Improvement and Dedications �
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a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to G
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: E
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Packet Pg. 74
CUP 13-14
PC Hearing Date:October 16,2013
Page 7
Name Ri e ft
Street Na ht-of-Wa ft.� y( 1 Curb Lin
Medical Center Drive 44' (Dedication of 2,75' 32'
required)
Baseline Street 50' (Dedication of 8.75' 32' M
required)
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Tiajuana Street 25' (No additional dedication 15' Cl)
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required) Q
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b. Submit all dedications documents to Real Properties prior to the approval of the o.
off- site improvements plans. 0
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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 y
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
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final occupancy:
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1. Construct curb ramps at the intersections of Medical Center Drive and a
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 2
accordance with City standards. Pavement along Medical Center Drive and v
Tiajuana Street shall be reconstructed and restriped to centerline. Broken or a
damaged sidewalk and curb and gutter shall be replaced along the frontage of N
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the project.
2. Driveway Approaches shall be constructed per City Standard No. 204, T; e �
II, including an accessible by-pass around the top of the drive approach.
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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.
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43. Applicable Engineering Fees a
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.
44.No final Certificate of Occupancy shall be issued until all conditions of approval have
been completed.
Packet Pg.75 ,
5.E.g
City of San Bernardino ATTACHMENT D
San Bernardino Police Department
Interoffice Memorandum
141�, ,z
To: Captain R. Garcia
From: Lieutenant R. Topping
Subject: CUP 13-14
Date: September 16,2013 v
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Copies:
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Problem: ^�
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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, °
Off-Sale Beer/Wine license. The proposed project site will be a convenience store to be o
erected at 1583 W. Baseline Street. The Off-Sale license was previously owned by Virk,
Major Singh and Virk, Narinder Kaur, DBA Quick Pick Food Store. The status of this
license is Surrendered.
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Recommendation: N
1 recommend that the San Bernardino Police Department oppose this issuance of a m
Conditional Use Permit allowing Off-Sale beer/Wine sales to occur at the proposed
project site, 1583 W. Baseline Street, San Bernardino,CA.
CU
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Findings: a
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Community Service Officer II S. Battle completed the original staff work in regards to c
this Conditional Use Permit. 1583 W. Baseline Street is contained within Census Tract E
42.02 and San Bernardino Police Department Reporting District S1240. CSO Battle
discovered potential over saturation of Off-Sale establishments within the area as well as a
a general crime rate that exceeds the city-wide crime rate by more than 20 percent
(statistics were obtained through staff work completed by CSO Battle).
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As of 08-29-2013, there were five active Off-Sale ABC licenses issued within this area, .2
with an allowance of three. The number of Off-Sale premises within this Census Tract Q
exceeds the number allowed by the Department of Alcoholic Beverage Control and
constitutes over saturation.
San Bernardino Municipal Code (SBMC) 19.06, Article II, Section III, Places restrictions
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 Packet Pg.76`
Page 2
SBMC 19.06, Article II, Section III (A), indicates that new alcoholic beverage g sales
activity will not be permitted within 500 feet of several identified locations to include;
1. Public or private state licensed or accredited schools.
2. Place of worship or religious institution.
The proposed project site is located approximately 380 feet from Martin Luther King
Middle School, 1250 N. Medical Center Drive, 102 feet from Head Start Pre-School,
1584 W. Baseline Street, and 264 feet from Cross and Spirit Church, 1182 N. Medical v
Center Drive (measurements obtained using Google Earth). Each location is within the
500 foot limit. M
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SBMC 19.06, Article II, Section III (1), indicates that locational conditions will be N
considered in the review of Conditional Use Permit applications, and may be grounds for o
denial based on potential adverse effects to the public interest, health, safety, or
convenience. a
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1. A location within a crime reporting district, or within 500 feet of a crime
' reporting district where the general crime rate exceeds the city-wide general
crime rate by more than 20 percent. o
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2. A location where the new alcoholic beverage sales activity would be within
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 N
1,000 foot radius from the new alcoholic beverage sales activity. o
There are a total of 219 Police Reporting Districts within the City of San Bernardino. W
Between January 01, 2012 and December 31, 2012 there were approximately 124 crimes
per year for each Reporting District. The proposed project site (Reporting District S1240) L)
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 N
a 57 percent(information obtained through Omega Dashboard Database).
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The project site is also located approximately 346 feet from Jimmy's Liquor, 1620 W. w
Baseline Street and 478 feet from El Super Market, 1578 W. Baseline Street. Both a
establishments have Off-Sale licenses and are within the 500 foot limit (measurements
obtained through Google Earth). E
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Documentation indicates there is currently an excessive amount of Off-Sale Beer/Wine Q
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
well as other current Off-Sale establishments. Granting this Conditional Use Permit will
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
Beverage Control.
PacketPg77�
ATTACHMENT E
Don Tucker I Real Estate Manager
7-Eleven,Inc.
330 East Lambert Road
ELEVEn Brea, CA 92821
i eee enee
�. 114'000'UU.7J
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Email: donaidAucker(dy7-11.com
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September 26, 2013 0-
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Jian Torkan M
Screeniand Development Group, LLC
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RE: Baseline&Medical Center Dr.,San Bernardino CA Q
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Dear Jian:
Just a note to remind you that, per the provisions of our lease, paragraph 23. (Conditions o
Precedent)that: o
"...Ail permits, licenses, and approvals required for the sale of items to be sold (including local o
entitlements for the sale of beer, wine and alcohol products for off premise consumption, and 24
Hour convenience store operation" must be obtained as a condition to the lease.
Should we be unsuccessful in obtaining those entitlements (in addition to the other Conditions N
Precedent), the lease will not be consummated.. 2.
Sincerely, o
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Don Tucker N
Real Estate Manager c
7-Eleven Inc., Greater Los Angeles Zone
Donald.Tucker(a-)7-11.com
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Page 1 of 7
2363077.1!87509.001
Packet Pg.78
......... . ..... . :
CITY OF SAN BERNARDINO
NOTICE OF PUBLIC HEARING BEFORE THE
CITY OF SAN BERNARDINO
PLANNNING COMMISSION
I
GENERAL PLAN AMENDMENT 13-02, ZONING MAP AMENDMENT 13-03 AND Ward Nn,
II C vNDiTA 1`4AI USE PER.�lIT 13"'14
PROPOSAL: A request to amend the General Plan Land Use Map for a 10,600-square foot project site fror
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 M
foot convenience store with a Type 20 ABC license, located at the southeast corner of Medical Center Drive an a
Baseline Street. c=�
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OWNER: Pioneer Baseline Plaza M
APPLICANT: ICO Real Estate Group Q
ENVIRONMENTAL RECOMMENDATION: Exempt from CEQA— 15332—Infill Development
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PUBLIC HEARING LOCATION: HEARING DATE AND TIME:
San Bernardino City Hall a-
300 North"D" Street Wednesday, October 16, 2013 at 6:00 p.m. (D
Lobby Floor, "Council Chambers"
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San Bernardino,California 92418 g
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You are receiving this notice because the project site described above is
within 500 feet of your property. If you would like further information I a
about this proposal prior to the public hearing, please contact the TA
anning Division at(909)384-5057.
Ring p
You are welcome to attend the public hearing and address the Planning )Iiddk
Commission with your comments on this proposal,or you may submit 0
written comments in favor of or in opposition to the proposal to the 0
Planning Division, City Hall, 300 North "D" Street, San Bernardino,
CA 92418.
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Decisions of the Planning Commission are final concerning Minor Use Z`. N
Permits, Development Permits, and Tentative Parcel Maps, unless W B A S E L I N E S T
appealed to the Mayor and Council. Appeals to the Mayor and Council W d
must be made in writing,stating the grounds of the appeal and must be
submitted to the City Clerk along with the appropriate fee within fifteen J PROJECT SITE H C14
days of the decision.
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F i p W. t
Final review and action concerning General Plan Amendments, i H 0 7
Development Code Amendments, Specific Plans and Development V) W
Agreements will be made by the Mayor and Common Council. z 2 z Z Q
pIf you challenge the resultant action of the Mayor and Common o Z Z Council in court,you may be limited to raising only those issues you or z C E
someone else raised at the public hearing described in this notice,or in noo l d W
written correspondence delivered to the City Planning Division at, or 11TH ST = 11TH 5T
prior to,the public hearing. Q
Individual testimony on agenda items will be strictly limited to three
minutes per person.
ne 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. 79
RNARQNp Larry Heasley,Chair
5p ; qy Jim Mulvihill,Vice-Chair
e M Lance Durr
' 2
Andrew Machen CITY OF SAN BERNARDINO
a Amelia Lopez
Frederick Grochulski COMMUNITYDEVELOPMENT DEPARTMENT
ND£D IN s Dan C.Jimenez 300 North "D"Street, San Bernardino, California 92418
Bob Brown,Alt. Phone:(909)384-505715071 • Fax:(909)384-5080
PLt>TNTNIL1\<I l.V1r1 MISS10' MIINT1J 1LS
OCTOBER 16, 2013
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1. MINUTES OF JULY 17, 2013 D
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2. MINUTES OF SEPTEMBER 18, 2013 M
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3. TENTATIVE TRACT MAP 18829 (SUBDIVISION 11-03), CONDITIONAL USE N
PERMIT 11-13 AND DEVELOPMENT AGREEMENT 12-02 AATATERMAN o
GARDENS)
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4. CITY OF SAN BERNARDINO HOUSING ELEMENT UPDATE STUDY a
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SESSION _
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5. DEVELOPMENT PERMIT-P 13-07 0
6. GENERAL PLAN AMENDMENT 13-02, ZONING MAP AMENDMENT 13-03 ..
AND CONDITIONAL USE PERMIT 13-14 0
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Page 1 of 24 10/16/2013
Packet Pg. 80`
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Chair Heasley called the meeting to order at 6:00 p.m.
Commissioner Paxton led the flag salute.
Present: Commissioners: Barnhardt, Brown, Grochulski, Heasley, Mulvihill, Paxton, Machen,
Lopez. Excused: D rr. Absent: Timm,-? Ctaff tnrecent; Tony Ctexvart� At-tinor Cnmm»nity
Development Director/City Planner; Henry Empeiio, Jr., Senior Deputy City Attorney; Aron
Liang, Senior Planner; Gary Akers, Senior Civil Engineer.
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ADMINISTRATION OF OATH M
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Senior Planner Aron Liang, administered the oath. v
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CONSENT AGENDA: M
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Tony Stewart, Acting Community Development Director/City Planner, gave a brief N
presentation of the consent agenda. c
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1. Minutes of July 17, 2013. Staff recommends this item be continued to the November
20, 2013 Planning Commission meeting, in conjunction with the request to continue
item 2,below.
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2. Minutes of September 18, 2013. Staff recommends approval of these minutes. o
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3. TENTATIVE TRACT MAP 18829 (SUBDIVISION 11-03), CONDITIONAL
USE PERMIT 11-13 AND DEVELOPMENT AGREEMENT 12-02 c
(WATERMAN GARDENS) - A request for a Conditional Use Permit to construct N
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- g
family and condominium units, and a 45,000-square foot recreational facility, 58,200- a
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
the northeast corner of Waterman Avenue and Olive Street, in the Residential
Medium (RM) zone.
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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
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Ward: 1
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Recommended Motion: Continue this item to the November 20, 2013 Planning
Commission meeting,per the applicant's request.
Commissioner Mulvihill made a motion to approve the consent agenda.
Commissioner Brown seconded the motion.
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The motion carried by the following vote: Ayes: Barnhardt, Brown, Paxton, Grochulski, Heasley,
Mulvihill, Machen,Lopez. Nays: None. Abstain: None. Excused: Durr. Absent: Jimenez.
PUBLIC COMMENTS -ITEMS NOT ON AGENDA
No comments.
NEW BUSINESS
4. CITY OF SAN BERNARDINO HOUSING ELEMENT UPDATE STUDY :3
SESSION
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The Housing Element is one component of the City's General Plan, a long-range plan
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for land use in the community. The Housing Element identifies housing-specific N
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 M
the Planning Commission and public about the General Plan Housing Element
update, and to answer any questions regarding the Housing Element and the update
process. In addition, staff would like to gather input from residents and interested °
stakeholders on housing issues and concerns that should be addressed in the Housing o
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Element update.
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Genevieve Sharrow, City's Consultant, presented the Draft Housing Element which included
graphs, charts and information regarding housing needs in San Bernardino. c
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Commissioner Lopez asked if the assessment included homes that are used for drug
rehabilitation, foster homes, or group homes. She noticed other social rehab programs but not
specific to those she mentioned.
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Genevieve Sharrow answered yes. There was an assessment done to include those types of a
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homes.
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Commissioner Lopez mentioned that there were a number of those homes.
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Commissioner Mulvihill asked, if the Housing Element revision met the requirements of the a
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HCD, we wouldn't have to renew for eight years?
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Genevieve Sharrow confirmed yes, as long as HCD releases a letter of compliance. r
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Commissioner Mulvihill asked if we had to have a sustainability plan in place in conjunction.
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
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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.
Coiiuiiissioner Paxton brought up a few data elements he felt iinight be relevant to the
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
Homeless Point in Time count (HUD mandate done every two years) included 39% in the City of
San Bernardino, which includes the mentally ill, families with children, veterans, recently
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incarcerated. Some of these are considered chronically homeless; without housing for over a a
year.
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Commissioner Lopez wanted clarification on a few statistics that were present earlier. Cn
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Genevieve Sharrow clarified that the slide in question explained the expected need for housing N
for the next eight years. SCAG determined that San Bernardino will see a need for 4,384 units. o
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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 o
allocation of 4,384 units, and with San Bernardino being a part of the region, it has been o
allocated this amount. The housing needs in the community may be more or less than this
specific number. She explained that this number is a goal for San Bernardino to plan for. If there N
is a greater need for more housing, than more housing can be built, but if there is less of a need
due to foreclosures, you may have much new construction. The calculation is not a housing
production obligation, merely a goal to work towards.
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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 c
greater allocation of housing. He asked if it was due to more land able to be developed or due to
San Bernardino doing more with affordable housing. a
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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 E
development, and they are anticipated to have more. Also San Bernardino's was reduced due to
a vacancy credit that dropped that number down. a
Commissioner Mulvihill wanted to clarify that since we have a higher vacancy rate, if that E
means we have more affordable housing.
Veronica Tam explained that the vacancy rate refers to what they call a Shadow Market. The Q
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
vacancy rate due to foreclosures. At the time, legislation did not allow for a credit. Recent
changes to the Housing Element Law see that as a flaw. This round of changes is specific to
jurisdictions that have been heavily impacted by foreclosures. This way the City is not being
asked to produce more units,when there is a surplus of units available.
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Commissioner Lopez asked if there were any significant changed to this draft document
compared to the last one submitted.
Genevieve Sparrow 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
same. The TD Overlay was looked at for removal of housing constraints.
Veronica Tam added that items were removed, such as programs that needed redevelopment r
funds, since due to lack of funds, San Bernardino no longer provides for those programs. Some a
of the programs were combined to make them more effective. c=i
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PUBLIC HEARINGS a
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5. GENERAL PLAN AMENDMENT 13-02, ZONING MAP AMENDMENT 13-03
AND CONDITIONAL USE PERMIT 13-14—A request to amend the General Plan
Land Use Map for a 10,600-square foot project site from Single-Family Residential to a
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 =
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station with a 2,789-square foot convenience store with a Type 20 ABC license,
located at the southeast corner of Medical Center Drive and Baseline Street. c
Enviromnental Determination: Exempt from CEQA— Section 15332—Infill
Development
Owner: Pioneer Baseline Plaza
Applicant: ICO Real Estate Group
APNs: 0139-051-10, 14, 15 and 25
Ward 6
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Recommended Motion: The Planning Commission recommends that the Mayor and
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Common Council:
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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& .2
)Yinje j based on the Findings of Fact contained in the Staff Report and subject to
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the Conditions of Approval (Attachment C); or
2. Approve General Plan Amendment 12-03, Zoning Amendment 13-03 and a
Conditional Use Permit 13-14 with the ABC Type 20 License (Off-sale Beer & a
Wine) based on the Findings of Fact contained in the Staff Report and subject to
the Conditions of Approval (Attachment Q.
Henry Empeno, Jr., Senior Deputy City Attorney brought up a letter that was distributed
earlier regarding the North West Redevelopment Project Area Committee signed by
Commissioner Barnhardt regarding an application for a Type 20 ABC License in the 6th Ward of
San Bernardino. He asked if Commissioner Barnhardt had formulated an opinion on Item #6
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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 prPju ices to the Type 20 ARC Licence. He
drafted the letter at the request of the North ,Vest 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
CG1ilriiUmty at that meeting. He did dISC1GS%that he met with the App11C^ant Gf item Tr prior to t11e
Commission meeting. There was no information exchanged. The applicant came to address the r
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 v
would be used for the project. c
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Henry Em eio 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. N
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Chair Heasley agreed.
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Senior Planner Aron Liang, gave a brief presentation of the project. 0
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Chair Heasley asked if the southern wall of the property would have a block wall as a separation 2
structure between two lots. 0'
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.
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Jian Torkan, ICO, 4221 Wilshire Blvd. Los Angeles CA 90010, started by giving background
information on the company and various projects his company has had within San Bernardino,
including various ABC Licenses he had purchased in the past. He gave background information
on the 7-11 company. He presented some pros to having this new project in the neighborhood. a
He shared pictures of before and after of previous 7-11 projects he had been a part of. He M
explained that having this new development here would reduce crime and better the area by
having the gas station element. E
He stated that it would be difficult for 7-11 to operate without the ABC License as it brings in a
almost 25% of the total sales. He stated that this new development would encourage new w
development in the area.
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Chair Heasley interrupted the applicant and stated that it might be in his best interest to address w
any concerns the Commission might have and to answer their questions. a
Jian Torkan,ICO, agreed to answer questions and address concerns.
Commissioner Mulvihill pointed out that there is a school about 300 feet away from the
proposed location of development.
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QJian Torkan,ICO, confirmed that information.
Commissioner Mulvihill stated that the student passing by on their way to school may stop by
and purchase chips or junk vod. He asked if this location might be able to develop a program to
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.
Tian Torkan, ICO, stated that he understood the concern, but said that with a national retailer,
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there are standards they need to comply with. He advised that a representative from 7-11 could r
better address that concern. a
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Commissioner Mulvihill advised that it would be a good idea, and if anything, a good PR move c
for that 7-11 due to the fact that they are so close to the school.
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Donald Tucker, 7-11 Real Estate Representative, reiterated that 7-11 does sell fruits and other y
s fresh food products that are a healthier choice than what kids have purchased over the years. He o
stated that even though 7-11 has a national merchandising program, each location is operated by
a local franchisee. They choose how to operate their location, at the same time trying to connect
with their communities. He stated that Commissioner Mulvihill's point is well taken and agreed a
that a program would be a good idea. c
Commissioner Mulvihill pointed out that a representative from the School District was in the N
audience. °?
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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.
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Commissioner Mulvihill explained that eating healthy and obesity were a concern. He stated c
that it would advisable and a positive image to have such a program.
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Donald Tucker, 7-11, brought up the value of a national retailer and one of the things due to M
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 E
smaller shops might not have the ability to offer the same things that 7-11 does.
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Commissioner Mulvihill mentioned they could incentivize by offering the buy two get one free.
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Commissioner Lopez shared no opposition to the 7-11 location, especially in other areas, but
noted that they were immersed in different dynamics that worked well for them. With this Q
particular community, there are some issues that, she suggested, Chief Handy could address. She
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
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other smaller stores are not able to, she assumes that 7-11 could still thrive without the ABC
License.
Jian Torka.~., ICO, said that no national retailer like this one operates a convenience store
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
along with that, that make up about 25% of their sales. He stated that if the ABC License would
get approved, it is not creating more drinkers but shifting sales from other liquor stores to their
convenience store, it just shifts the demand from one to another. With this not being approved, M
he said it allows the other locations, which don't have restrictions, to create a monopoly on a
selling alcohol. He stated that 7-11 operates responsibly in regards to beer and wine sales.
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Commissioner Lopez said that she was not inferring that 7-11 is an irresponsible vendor of beer ri
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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 N
covers the same parameters as this project. Two years after it was built, the liquor store across the o
street is still thriving in its location. She said the notion of putting others out of business or a
shifting business doesn't seem to be the case as the market seems to be saturated with this type of ta.
business. She stated that there is a correlation that has been documented that it does affect public G
safety. o
Man Torkan, ICO, stated that in regards to the over concentration, they did research on the N
census tract and it revealed that it was under concentrated. The project site, if it were 200 feet to
the west,would fall in an area that is not over concentrated.
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Commissioner Paxton shared that there were two school board members in attendance. He
stated that he is in agreement of some of the same comments Commissioner Lopez has made. He a
wanted to be clear and asked that without the ability to have the ABC License, the project would =
be a no go?
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Jian Torkan, ICO, confirmed that question. They have correspondence from 7-11 that without M
the ABC License,they would not be able to move forward.
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Henry Empeno, Jr., Senior Deputy City Attorney asked the applicant if the ABC License that
was originally purchased was within the City of San Bernardino. .2
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Man Torkan,ICO, did not recall if it was or was not.
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Chair Heasley clarified by asking if the applicant had purchased an ABC License from outside 2
the City of San Bernardino which would add an additional license to the already five in Q
proximity.
Henry Empeno, Jr., Senior Deputy City Attorney confirmed yes, that that was the reason for
the question. He said that the applicant had previously purchased four ABC Licenses, and
wanted to know if this was one of them.
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Jian Torkan, ICO, stated that if the one he has is not within the City of San Bernardino, he
could obtain one.
Henry Llllp Gllo,Jr., 1.Jclllor Deputy'%. y Attorney li.or ncy JLULeLL that was the reason LVr his qu.e,stlon.
Chair Heasley said that if the commission decided to approve this project, that it be made a
condition to use a ABC License from within the city rather than one from outside the area.
Jian Torkan,ICO, stated he had no objection to that condition. M
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Commissioner Mulvihill asked that in regards to his previous statement regarding obesity and :3
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concerns with nutrition and so forth, can this also be made a condition for this location and c
others within the city going forward.
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Tony Stewart, Acting Community Development Director/City Planner stated that such a N
condition could be added. o
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Chair Heasley clarified that the condition would be on the operator of the location, rather than a.
the developer. o
Tony Stewart, Acting Community Development Director/City Planner stated that it could be 3
worded that way. o
Chair Heasley stated that it would be the operator that would run the facility.
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Jian Torkan, ICO, mentioned that 7-11 has a long term plan to introduce more fresh fruits to N
their locations.
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Commissioner Barnhardt mentioned that his own consumer habits that he wouldn't frequent
the other locations to begin with, but with the new 7-11 project, it might deter him from going a
into a grocer down the line. He then asked if this proposed location was close to Rialto.
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Jian Torkan, ICO, said that it closer than if you were to be further east. E
Commissioner Barnhardt stated that he was trying to think of the closest grocer in that a
neighborhood. w
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Jian Torkan,ICO, said there was one across the street.
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Commissioner Barnhardt stated that he wanted to think ahead at possibly pulling business a
away from an establishment that is good for the area as opposed to drawing business away from
the liquor stores in the area.
Police Chief Robert Handy, gave his presentation on recommending not approving the ABC
License for this new 7-11 location. He stated that his decision was based on the proximity to the
school, crime rate in the area, and the number of off-site sale in that area.
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Commissioner Brown asked that Police Chief Handy explain the types of crimes that generally
occur around the areas.
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
problems surrounding a national chain, or AM/PM type store because they typically have the
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 M
Lopez regarding the correlation between the number of liquor stores and the crime rate. a
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Commissioner Mulvihill directed his question to Tony Stewart and asked about placement of c
security cameras and if there were any on the outside of the store. Cn
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Tony Stewart, Acting Community Development Director/City Planner deferred to Aron N
Liang. 9
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Police Chief Robert Handy, stated that he had spoken to the applicant about that, and that they a.
are willing to put up cameras along with other security devises. He stated that he felt it was not in °
his position to recommend that these measures be put into the conditions but that all the r
restrictions and cooperation from the business was good. °
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Senior Planner Aron Liang stated that if the project were to be approved with the ABC
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
location regarding security tapes. c
Chair Heasley introduced the public speakers. a
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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 E
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 a
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
location rather than the liquor stores. He explained that the school and the applicant have history Z
on projects and School Scholarships, which helps explains why the applicant is good to partner Q
with to benefit the school. Ultimately the school is recommending approval on the project.
Colin Strange, Chamber of Commerce, 546 W. 6th Street, San Bernardino CA 92401, stated
that the City of San Bernardino has had the opportunity to work with the applicant on a number
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Q 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
beer and wide license. He relurred to a similar situation in Redlands where some of the same
reservations were made by the Police Department regarding the MC, but the project was M
approved regardless. The project was built and proved to be very successful. He reiterated that if a
the second motion was not approved, the project would not happen. He urged the commission to
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approve the item. c
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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 M
as well. She said that even with this new development, other vendors are not going anywhere, o
and she endorses responsible vendors,but she mentioned it a suggestion. B
Colin Strange commented on how much redevelopment money had been put into the ARCO o
close by in order to attract a national tenant there, not to mention how heavily subsidized it was. o
He stated that there is now another developer doing a new project with private funding, and that
indicates a turn around. He referred back to projects that had been started then had to be boarded o
up mid-way due to a lack of operators to take over.
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 a
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. a
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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 E
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 Q
increase and he understands the stance of the Police Department. He argued the idea of either
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
that he was in favor of having the 7-11 there with the Type 20 ABC License, and he said he w
didn't think it would be a detriment due to the fact there are surrounding licenses. It provides a Q
much cleaning enviromnent 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.
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
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the Findings of Fact contained in the Staff Report, and subject to the modifications to the
Conditions of Approval.
Tone Stewart, Acting Community Development Director/City, Planner gaYe a summary of
the modifications to the Conditions of Approval: 1. the applicant use a surrendered license from
the City of Jan Bernardino, 2. The operator work with the SBIUSD to establis'n d healthy wou
program to incentivize the sale of healthy foods to customers,particularly students.
Commissioner Brown seconded the motion.
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The motion carried by the following vote: Ayes: Barnhardt, Brown, Durr, Grochulski, Heasley, v
Mulvihill, Machen.Nays: Lopez. Abstain: None. Excused: Duff. Absent: Jimenez. vi
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6. DEVELOPMENT PERMIT-P 13-07 - A request construct 39 single-family homes o
on Tract Map 17716. The project site is located north of Belmont Avenue, south of r
Ohio Avenue and east of Pine Avenue in the RL, Residential Low (RL) zone. Q
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Environmental Determination: Previous Mitigated Negative Declaration
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Owner/Applicant: FHII, LLC—Frontier Communities
APNs: 0261-101-15, 16, and 17 c
Ward: 5 a
Recommended Motion: Approve Development Permit-P 13-07 based on the Findings o
of Fact contained in the Staff Report and subject to the Conditions of Approval. N
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Senior Planner Aron Liang, gave a brief presentation of the project.
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Chris Courtney, FHII LLC, 8300 Munica Ave. Rancho Cucamonga, CA, 91730,thanked the a
Commission for their time on this project and brought up some changes he was seeking to get
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
public facing streets instead of split faced throughout the entire Tract due to cost. He explained
that typically, precision block is used for the interior and split faced is used for public facing a
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areas. He also referenced Condition 16 which requires all streets to be constructed, prior to
building occupancy. He wanted to get either clarification on that condition or a modification if t
needed due to the project being completed in phases. He also referenced Condition 17-A which
states that prior to first occupancy, all sidewalks, curbs and gutters adjacent to the Tract need to Q
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
to Condition 19 which states that all conditions be complete before first occupancy, and with the
prior changes requested,would need to be changed as well.
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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.
He brought up the fact that the construction is in a high wind area, and he has had several people
of the public show concern for what is being done to control the dust oil the job site.
Chris Courtney,FHII LLC, said they do in fact have a grading permit.
Chair Heasley asked if it was under their name, Frontier Homes.
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Chris Courtney,FHII LLC,responded that the permit was under the name FHII, LLC. M
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Tony Stewart, Acting Community Development Director/City Planner, said they do have a
rough grading permit.
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Chris Courtney, FHII LLC, said that regarding dust control, they can address any concerns that
come up. They try to address issues as soon as they present themselves. He said he would a
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 o
place to limit any dust coming off the site as much as possible. n
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Chair Heasley showed concern that there are issues to begin with. He stated that it didn't seem o
like a concern to them until it was brought to their attention.
Chris Courtney, FHII LLC, said that they are always a concern. As soon as they start N
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 a
them.
Commissioner Machen asked Aron Liang how a grading permit is obtained before a project is a
approved. M
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Senior Planner Aron Liang said that generally the applicant or the operator would have to E
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.
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Senior Civil Engineer Gary Akers explained that applicants can request and obtain a rough w
grading permit to begin grading only on recorded subdivisions. Q
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.
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Packet Pg.92
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.
Senior Civil Engineer Gary Akers stated that the development also needs to be approved klur
the product they plan to build. Explained that the rough grading only creates the pads in which
the development is built, not the actual development for those homes.
Commissioner Mulvihill said that with a previous project approved, there had to have been an M
environmental study done and some measures taken to prevent any type of air quality problems a
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 c
permit cancels out a previous environmental study or should it support it.
Q
Senior Civil Engineer Gary Akers said that grading should be done in procedures with what's N
considered the Storm Water Pollution Prevention Plan. He mentioned that there has been staff 9
out to help correct some items due to them not being in full compliance. Q
a,
C9
Commissioner Mulvihill asked if the items had been corrected.
r-
0
Senior Civil Engineer Gary Akers advised that the site was closed today.
0
Commissioner Mulvihill said even though it has been closed, and the land stripped, have there
been any preventative measure to make sure the dust doesn't get blown up.
0
rn
Senior Civil Engineer Gary Akers reiterated what Chris Courtney had mentioned earlier, in
that they would have to make sure that water is being applied to help prevent the dust from a
blowing. 0
Commissioner Mulvihill was concerned that there was an environmental document that had not a
sustained under the rough grading plan. Mentioned that other communities from the 1980's M
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. E
�a
Chris Courtney, FHII LLC, assured the commissioners that they had qualified staff on sight Q
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 a)
exists then like before, he said it would get taken care of. He understands that there are residents
in the neighborhood that are unsatisfied with some of the operations. He assures they are doing Q
the best they can.
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.
Chris Courtney,FHII LLC,he said they were concerned.
Page 14 of 24 10/16/2013 , 11 Packet Pg.93
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
developer would come iii and sLaiL gradi��g. Aso, during the wo�� eing done, «s ere was a sto.:r�
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.
Chris Courtney, Ffrlii LLC, slated that advertising had been done adjacent to the homes to let
the public know of the development. There were procedures installed and implemented prior to
the grading began. Once concerns started to present themselves, they began to address them. a
Waiting to be told what compliance they are not in line with is not how they do business. It is
their job as a developer to make sure everything is in compliance. They plan to continue to stay o
on top of all compliances throughout the entire project. r
a
Commissioner Brown asked about the signs on Kendall that were mentioned and if they were N
connected to the development on North Campus. M
P
Chris Courtney, FHII LLC, advised that the signs on Kendall do have information pertaining a.
to the project on North Campus. °
c
Commissioner Brown stated that the signs were confusing to him and was unsure about the U- 3
Turn sign for Pine Ave. The fact there was information on the sign regarding a development on N
Pine that did not have a permit was also confusing. He also asked about when Frontier Homes
acquired this property that was previously approved for development.
0
rn
Chris Courtney, FHII LLC, explained that it was a recent acquisition from the Watson Group
on May of 2013. 2
Commissioner Brown asked if whatever they had done, FHII might not be aware of. 5;
U
a
Chris Courtney, FHII LLC, said yes. They immediately started to initiate the approval process M
with the City of San Bernardino.
E
Commissioner Brown asked what the price points for the homes would be.
w
Q
Chris Courtney, FHII LLC, stated that they start at$350,000.00 and go up to $399,000.00
a�
E
Commissioner Mulvihill brought up the condition pertaining to the decorative block. Clarified
that Chris Courtney was asking to only having decorative block visible to the public; the public .2
being anyone outside the community, not the residence living inside the community.
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.
Page 15 of 24 10/16/2013
Packet Pg:94 ,
t 5 E:fi
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.
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
regards to landscaping. Decorative block,he said, attracts more dirt and dust and doesn't clean as
easily. ,
Commissioner Machen asked about the environmental study and the particulates in the air a
caused by the grading. L)
M
0
Commissioner Mulvihill explained the difference between the two and how PM10 can get r
caught in the lungs, but PM2.5 can pass through the blood stream. He asked if there had been an
additional environmental study done. N
N
O
e
Tony Stewart, Acting Community Development Director/City Planner said that prior to the a
issuance of the grading plan that was supposed to have been met, and if it has not, it will need to a.
be prior to final grading plan approval. °
Chair Heasley asked that under mitigation number Air Quality AQ1, subsection 4, and as part of °
3
the conditions, if the site was being constantly watered. o
a:
Chris Courtney,FHII LLC, stated that he would expect it to be watered appropriately.
0
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Chair Heasley asked if there was someone out at the job site every day, checking the site and
making sure that nothing had gone wrong. a
3
_
Chris Courtney, FHII LLC, stated that there is representation on the site every day that there is
activity. a
M
Chair Heasley asked if they were qualified and making sure that the site is being watered as
required.
Chris Courtney,FHII LLC, stated that he would expect things to be done appropriately. a
w
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
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 Q
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.
Senior Civil Engineer Gary Akers confirmed that it had been submitted and it is under review
but will not be approved until after the development plans are approved.
Page 16 of 24 10/16/2013
PacketP 0,95 �,.
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
WTI
hen they are iiisu icient ttley given a coir ec ion notice. He stated that the J;ob site had two water
meters that were purchased, on the north side and south side of the tract, to provide water to the
trucks on site.
Commissioner Barnhardt asked that if the Planning Commission was policing the site, should
they be policing as well. He asked if the Commission's responsibility was to monitor them. M
r
a.
Commissioner Machen said that it was their job as they are here to represent the public on this v
matter. He stated that with good developers, they would address any problems encountered. c
M
Chair Heasley stated that they are not policemen but they did volunteer for this position, and
that it is their job to ask the questions and ascertain that whatever developer or applicant that N
comes in with an issue, that we get as many facts as possible for them to make a decision based
on that particular applicant's presentation, the public's presentation to the Commission, and a
questions. a.
C7
0
Commissioner Brown pointed out that a major concern was over the AQMB and environmental
issues, but that the developer has come into the City with two projects and that these concerns
should not hinder the ability to approve this project or future development in this community. o
They should be given the opportunity to comply with the conditions grant them the development.
He felt the commission was not giving them ample opportunity to do so.
0
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Commissioner Mulvihill stated that they do have letter from the public. v
a�
Chair Heasley stated that he received a call from a citizen in that area that the project is being c
graded, and that was his first knowledge of the project. He went to the job site to see for himself
and saw some dust flying around, bulldozers moving around, but didn't notice a water truck. a
After the rain storm, he received another call from a resident that lives on Redwood, which is an M
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 E
that the developer may not be aware of the situation. He wanted to make sure that Chris a
Courtney was aware of the slope of the land and what it was causing. He would like the a
development to happen with the least amount of impact to the surrounding residents.
d
E
Chris Courtney, FHII LLC, agreed that was a goal of his as well. He said that he would be
going back to his office to discuss the matters and make sure they do not happen again. He Q
stated that with development he understands that there will be concerns, but they do try to please
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.
Chair Heasley stated that that was his goal, to make sure that this doesn't impact the lives of the
residents too much while the project is going on. He said that you cannot have a development
without having some impact,but the dust problem was too much.
Page 17 of 24 10/16/2013
Packet Pg.96 j
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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.
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.
Chair Heasley stated that it would be appreciated by the people living in that area.
T
Sherry Foredom, 6426 Ashley, Court San Bernardino, 92407, stated that she and her husband a
live in the houses to the north of the project and they never saw signs addressing the dust D
problems or any problems with the site. She said there was only one sign advertising the project, c
but no contact information was listed. She then asked if there was going to be anything done as M
T
far as flood prevention and proper drainage. She explained that there is already trouble with
flooding and large puddles on the streets that they have to maneuver around. N
N
O
Chris Courtney, FHII LLC, stated that with regard to the drainage, there is a system they are Q
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 0
and outlets into the water channel. _
0
0
Chair Heasley stated that it would go into Devil Canyon Creek. He stated that it is in the 0
conditions that they have to have adequate drainage to reduce flooding as directly caused by their
property. This does not address anything that was pre-existing. c
o�
Chris Courtney, FHII LLC, agreed with Chair Heasley's statement and explanation. He stated
that with the catch basin being added, it has to form a treatment that didn't previously exist, and a
it would be subject to more erosion. He said dust would roam freely prior but would happen c
anymore with the development being there.
U
a
Senior Planner Aron Liang stated that a condition should be added. The condition being that a
'1 temporary sign be installed providing contact information with help on erosion control, dust
control, and other site development control pertaining to this development. E
c�
Chair Heasley agreed and suggested that the Commission go through the individual a
modifications to the conditions and approved them one by one.
a�
E
Chris Courtney, FHII LLC, stated that they had already spoken about the decorative wall only
being used on the outside of the property where visible to the public. a
Chair Heasley said he had no objection either way as long as the outside is decorative. He had
no preference on the interior walls.
Commissioner Mulvihill agreed with Commissioner Brown that the flat walls would be easier
to clean.
Page 18 of 24 10/16/2013
Packet;,Pg.97
5.E.h
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 develop�i�ent finished with streets
and then move onto the upper portion.
Commissioner Mulvihill asked if it was reasonable for the developer to ask that the street be
done in phases.
T
Tony Stewart, Acting Community Development Director/City Planner stated that as long as a
we have a guarantee that the developer will build the project.
L)
M
Chris Courtney, FHII LLC, stated that there are bonds in place, and suggested a possible M
T
indemnification. a
N
Commissioner Mulvihill addressed Tony Stewart and asked about the bonds that were being o
M
provided. T
a
0-
Chair Heasley asked if it could be part of the conditions. 0
0
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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 o
occupancy then allow the rest to occur with phasing.
Chair Heasley asked Chris Courtney if he understood the new condition.
CD
N
Chris Courtney,FHII LLC, said yes he did.
c
Chair Heasley clarified that in lieu of having the street complete, the bonds would be in place
and that everything would need to be done per the conditions set forth. a..
M
Chris Courtney, FHII LLC,yes said yes.
E
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. a
r
Tony Stewart, Acting Community Development Director/City Planner deferred to Gary
Akers.
U
RS
a+
Chair Heasley asked if it was two phases or three phases of development. a
Chris Courtney,FHII LLC, said there were two phases.
Chair Heasley asked if it was above and below Redwood.
Chris Courtney,FHII LLC, said yes.
Page 19 of 24 10/16/2013
Packet Pg.98'
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Chair Heasley noted that Belmont Street might be fixed before the end of phase one.
Chris Courtneyl FHII LLC, said that Belmont Street is where the model homes would be, and
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
the streets are currently being used by neighbors, and as far as the repairs, he doesn't see them
having objections to that. A
T
a
Commissioner Grochulski asked if at the end of phase one, would the streets be complete
before moving onto phase two. c
M
T
Chris Courtney,FHII LLC, asked if he was referring to the streets in the lower half.
N
N
Commissioner Grochulski said yes.
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Q
Chris Courtney, FHII LLC, said they would be complete except for the final lift which would a
t�
be complete at the very end. o
c
Commissioner Brown asked if the street would operable just not final.
0
Chris Courtney, FHII LLC, said yes.
Commissioner Brown asked for clarification on the final lift.
N
Chris Courtney, FHII LLC, said that by doing the final lift at the very end, the streets would
look brand new.
c
Chair Heasley asked if the comments on the bonds would be sufficient. a
Commissioner Mulvihill said that his understanding was that all the present bonds were taken
out by Watson's firm. The work that they are asking to be done be bonded by Chris Courtney's
firm.
w
Henry Empeno, 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. E
s
Commissioner Mulvihill stated that that's what he was concerned about. w
a
Chair Heasley asked for clarification on the bonds and if they were specific to the streets or the
entire project.
Senior Civil Engineer Gary Akers said everything, streets, curbs, gutter, lights; it referred to
the entire project.
Page 20 of 24 10/16/2013
Packet Pg.,99
Chair Heasley asked if the City decided the price of the bonds based on current engineering
estimates.
Seninr Civil Engineer Gary Akers said yes.
Tony Stewart, Acting Community Development Director/City Planner added, that for the
bonds the wording could be something to the effect of, the following street will have the
following improvements and shall be bonded by the annlicant prior to building ocr_.Ilpancy.
T
Chair Heasley said that we also needed to address the phasing in the bonds. He added that
Belmont should be complete in phase one. He then asked the applicant if there was any issue o.
D
with that condition.
M
O
Chris Courtney, FHII LLC, said he had no issue with that condition. Q
Chair Heasley said that Redwood should be maintainable for the public moving back and forth ^!
N
on it. °
M
T
Chris Courtney, FHII LLC, asked about pulling an encroachment permit during construction
so that they can avoid through traffic during the point of construction on Ohio. o
_
Chair Heasley said that Belmont should be completed before occupancy in phase one. 3
0
Chris Courtney, FHII LLC, asked about 17-A which referred to all curb, gutter and sidewalk t0
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.
Chris Courtney, FHII LLC, said yes, that is correct. He said they had the maintenance period U)
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. v
a.
Commissioner Brown asked what would the timing be for the phases. r
as
Chris Courtney, FHII LLC, said that it would be quick as they plan to be building their last
home next August. The only reason the phasing is being utilized is so the permits do not get w
delayed. He states that they would be starting construction and development on the second have Q
by January at the latest.
a�
E
Chair Heasley said that regarding 17-A, he stated no objections to waiting until they were at
90% occupancy. w
Q
Tony Stewart, Acting Community Development Director/City Planner brought up condition
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
Chair Heasley asked Christ Courtney if that was acceptable.
Page 21 of 24 10/16/2013
Packet"Pg. 100
5.E.h
Chris Courtney,FHII LLC, answered yes.
Commissioner Machen asked about the terrain on the hill and if it will be controlled.
Chris Courtney,FHH LLC, said that it would be controlled.
Chair Heasley said that if there are not personnel on site to control the terrain when it starts
raining it will escalate tremendously and it will hurt the development tremendously.
r
Chris Courtney, FHII LLC, brought up the last condition, which was 19, that stated no homes
will obtain occupancy until all conditions have been met, which due to previous conversation 0.
needs to be modified. He suggested to either have it stricken or clarification on it.
M
0
Tony Stewart, Acting Community Development Director/City Planner recommended that
they add a clarifying condition. N
N
Chair Heasley suggested that with the clarifying condition, the development can go through a °
M
progressive approval by the City Engineer or other staff. a
a.
Tony Stewart, Acting Community Development Director/City Planner suggested the o
wording of`or as otherwise approved by the Community Development Director or City Engineer. o
r
Chris Courtney,FHII LLC, approved of the changes. N
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
place were for the entire project, and that it still needs to be in affect prior to building permit
issuance.
c
Chair Heasley said that was correct. a
Chris Courtney, FHII LLC, asked if they could pull the permits necessary for their models in
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 s
project as they would like to get the models up quickly.
Q
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 E
bonds had been released.
w
Senior Civil Engineer Gary Akers confirmed they had not been released. Q
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.
Chair Heasley asked if the City was protected by default if anything were to happen.
i
Page 22 of 24 10/16/2013
Packet.Pg. 101
5.E.h I
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 LL C, said that they were ready to post, that all they needed was the
agreement to post.
Chair Heasley asked for clarification on the agreement.
Chris Courtney, FHII LLC, said it is the agreement that accompanies the bonds so that they
can post. His understanding is that it's with the City Attorney's Office. M
a
D
Henry Empeno, Jr., Senior Deputy City Attorney stated that he hadn't received such an U
agreement,but that it also had to go before Mayor and Common Council first. q
M
T
Chair Heasley asked if we allow him to pull a building permit for the models by agreeing to a
N
modification. N
6
M
Tony Stewart, Acting Community Development Director/City Planner stated that the
modification would be that the bonds be transferred before the building permits be released for a
0
the models. $
c
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 N
0 a reason. °!
Tony Stewart, Acting Community Development Director/City Planner said that it was put in rn
place to remove the issue of the civil matter and other problems that could complicate this v
development. If we did not require that,he recommended striking item B altogether.
Chair Heasley asked what would happen if we did that.
U
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
civil matter if the bonds needed to be called by the City. He said Watson would essentially be
responsible.
Chair Heasley asked if the bonds were sufficient enough to cover the streets.
w
c
Senior Civil Engineer Gary Akers said yes. E
t
Chair Heasley said that he had no objection to striking 13-13.
Q
Senior Civil Engineer Gary Akers asked if they intended to strike 13-B altogether.
Chair Heasley said yes.
Henry Empeno, Jr., Senior Deputy City Attorney suggested modifying 13-B so that prior to
building permit issuance for houses other than the three models.
Page 23 of 24 10/16/2013
Packet Pg. 102
i
Chair Heasley found that suggestion to be acceptable.
Commissioner Mulvihill made a motion to approve Development Permit-P 13-07 with
modifications to the Conditions of Approval, based on the Findings of Fact contained in the Staff
Rcpol� unless a written appeal iS filed, wiiii the appropiiat l;c, witiiiu 15 days of the Piaruliug
Commission action, pursuant to Section 19.52.100 of the Municipal (Development) Code.
Commissioner Grochulski seconded the motion.
c�
The motion carried by the following vote: Ayes: Barnhardt, Brown, Durr, Grochulski, Heasley, a.
Mulvihill,Machen, Lopez.Nays: None. Abstain: None. Excused: Durr. Absent: Jimenez. v
M
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NON-PUBLIC HEARING ITEMS
Q
None N
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9
PLANNING COMMISSION REPORTS/ANNOUNCEMENTS
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o.
None c�
0
Y
ACTING DIRECTOR'S REPORT o
w
Announced that October is Planning Month
Announced winning the APACA Award for the TD Overlay.
0
CD
51
ADJOURNMENT y
a�
Y
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 v
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.
c
aD
Minutes Adopted by Planning Commissioners:
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Y
Y
Date Approved: Q
Y
Minutes Prepared by: E
Y
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a
Stephanie Sanchez
Executive Assistant
Page 24 of 24 10/16/2013
Packet Pg. 103'
5.E.i
CITY OF SAN BERNARDINO
NOTICE OF PUBLIC HEARING BEFORE THE
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
ISUBJECT: RECONDIERATION OF THE DENIAL OF GENERAL PLAN Ward No. 6
AMENDMENT 13-02, ZONING MAP AMENDMENT 13-03 & CONDITIONAL USE
II PERMIT 13-14 �.
IPROPOSAL: A request for reconsideration of the denial of General Plan Amendment 13-02 to amend the M
General Plan Land Use Map for a 10,600-square foot project site from Single-Family Residential to o-
Commercial, Zoning Map Amendment 13-03 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- o
square foot convenience store with a Type 20 ABC license, located at the southeast corner of Medical Center
Drive and Baseline Street.
N
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OWNER: Pioneer Baseline Plaza M
P
APPLICANT: ICO Real Estate Group oa.
Environmental Recommendation: Exempt from CEQA - Section 15332 - Infill Development
O
PUBLIC HEARING LOCATION: HEARING DATE AND TIME:
San Bernardino City Hall °
Council Chambers Monday, February 3, 2014 at 4:00 p.m. o
300 North "D" Street
or thereafter
San Bernardino, California 92418
You are receiving this notice because the project site described E C>
ove is within 500 feet of your property. If you would like further
.formation about this proposal prior to the public hearing, please
{ E
contact the Planning Division at(909)384-5057.
1 O
You are welcome to attend the public hearing and address the Mayor `"`' ;
and Common Council 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 Hall, 300 North "D" Street, _. _
F
San Bernardino,CA 92418.
Decisions of the Planning Commission are final concerning
Conditional Use Permits, Development Permits, Tentative Tract L ! U
Maps and Variances, unless appealed to the Mayor and Common , h
Council. Appeals to the Mayor and Council must be made in PROJECT SITE
writing, stating the grounds of the appeal and must be submitted to
the City Clerk along with the appropriate fee within fifteen days of
the decision.
Final review and action concerning General Plan Amendments, a _ E Development Code Amendments, Specific Plans and Development
Agreements will be made by the Mayor and Common Council.p
: i s f
If you challenge the resultant action of the Mayor and Common '' -��,• { -
Council in court, you may be limited to raising only those issues you � 1 t h ST
or someone else raised at the public hearing described in this notice, t 7 -IF 1 1 1 1
or in written correspondence delivered to the City Planning Division
at,or prior to, the public hearing. l
Individual testimony on agenda items will be strictly limited to three
inutes per person.
.ne City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact
�I Facilities Services(384-5244)two working days prior to the meeting with any requests for reasonable accommodation,to include interpreters.
Packet Pg. 104
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