HomeMy WebLinkAbout05.F- Community Development ORDINANCE (ID#3063) DOC ID: 3063 F
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
d Public Hearing
From: Mark Persico M/CC Meeting Date: 05/05/2014
Prepared by: Aron Liang, (909) 384-5057
Dept: Community Development Ward(s): DCA: Citywide CUP13-25: Ward 6
Sub j ect:
Ordinance of the City of San Bernardino Adopting Development Code Amendment 14-10, to
Amend Chapter 19.08 (Industrial Districts) Section 19.08.020, Table 08.01, (15) Gasoline
Service Stations, to Permit Ancillary Commercial Uses with a Gasoline Service Station, Only at
the Intersections of Major and Secondary Arterials, Subject to Approval of a Conditional Use
Permit; and Amend Chapter 19.06 (Commercial Districts) Section 19.06.030 (T) (2), Gasoline
Service Stations,to Delete the Minimum Parcel Size Requirement. (#3063) (FINAL READING)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Motion: Adopt the Ordinance.
Synopsis of Previous Council Action:
None.
Background:
On March 19, 2014, the Planning Commission recommended that Mayor and Common Council
approve Development Code Amendment 14-10, A request to amend Chapter 19.08 (Industrial
Districts) Section 19.08.020, Table 08.01, (15) Gasoline Service Stations, to permit ancillary
commercial uses with a gasoline service station, only at the intersections of major and secondary
arterials, subject to approval of a Conditional Use Permit; amend Chapter 19.06 (Commercial
Districts) Section 19.06.030 (T) (2), Gasoline Service Stations,to delete the minimum parcel size
requirement; and approve Conditional Use Permit 13-25 to modify previously approved CUP 95-
22 to legalize a 650-square foot addition to an existing 1,281-square foot snack shop. The site
subject to CUP13-25 is located at 2696 Foothill Boulevard in the Commercial General (CG-1)
zone.
PROJECT DESCRIPTION:
The applicants request the following:
• Amend Development Code Chapter 19.08 (Industrial Districts) Section 19.08.020, Table
08.01, (15) Gasoline Service Stations, to permit ancillary commercial uses with a
gasoline service station, only at the intersections of major and secondary arterials, subject
to approval of a Conditional Use Permit.
• Amend Development Code Chapter 19.06 (Commercial Districts) Section 19.06.030 (T)
(2), Gasoline Service Stations,to delete the minimum parcel size requirement.
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• Approve Conditional Use Permit 13-25 to modify previously approved CUP 95-22 to
legalize a 650-square foot addition to an existing 1,281-square foot snack shop. The
project is located at 2696 Foothill Boulevard in the Commercial General (CG-1) zone
(Attachment A).
DCA 14-10:
The purpose of the proposed Development Code Amendment(DCA) is twofold:
1) Amend Development Code Chapter 19.08 (Industrial Districts) Section 19.08.020, Table
08.01, (15) Gasoline Service Stations, to permit ancillary commercial uses with a gasoline
service station, only at the intersections of major and secondary arterials, subject to approval of a
Conditional Use Permit. The proposed amendment would allow the development and/or
redevelopment of modern gas stations, which typically contain convenience stores, fast-food
restaurants, and banks, as ancillary uses located on the same parcel with a gasoline service
station. The development of such retail uses would be allowed at the intersections of major and
secondary arterials, subject to approval of a Conditional Use Permit.
2) Amend Development Code Section 19.06.030 (T) (2) to delete the minimum parcel size
requirement. Development Code Section 19.06.030(2)(T)(2) sets the minimum parcel size
requirement for (automobile) service stations in commercial districts, where service stations are
permitted subject to approval of a Conditional Use Permit.
CUP 13-25:
If the Mayor and Common Council approve the Development Code Amendment,the applicant is
requesting that this application,which was initially denied by the Planning Commission on
August 21, 2013 due to having an insufficient lot size,be re-considered since the project is now
affiliated with DCA 14-10,which proposes to eliminate the minimum lot size requirements. The
gasoline service station was constructed in 1964 and consists of a snack shop with a cashier area.
On January 3, 2013 the applicant received a Notice of Violation for unpermitted construction of
650-square foot addition to the snack store. The applicant is requesting to legalize the addition to
the existing permitted snack shop. The existing gas station operation will be maintained. There is
no Alcoholic Beverage Control license proposed with this application.
Substantial site improvements would include:
• Legalizing the unpermitted addition (However, note since a 10-foot setback is
required between the addition and the westerly property line; therefore, the
addition must be reduced in size to meet the setback requirements).
• Placement of new Historic Route 66 identification tiles on the building frontage
and sidewalk on Foothill Blvd.
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• The addition of handicap bypasses on all drive approaches.
• Screen the existing vapor recovery unit
• Upgrades to ADA parking and site accessibility.
• New parking stalls and loading zone.
• New refuse enclosure with landscaped island to meet current standards.
• Rehabilitate and paint building exterior to match the existing building
architecture.
Additional parking stalls are proposed to be added to accommodate the expansion of the snack
shop use (Attachment B). The proposed business employs approximately five people, and would
be open 24 hours.
SETTING/SITE CHARACTERISTICS
The project site is approximately 14,720 square feet in size and contains an existing gasoline
service station that is situated at the northeasterly corner of Foothill Blvd. And Meridian Avenue.
Table 1,below, summarizes the zoning and existing General Plan land uses for the site and
surrounding properties.
TABLE 1: LAND USE CHARACTERISTICS
EXISTING LAND USE ZONING GENERAL
LOCATION PLAN
Site Gasoline Service Station Commercial General (CG-1) Commercial
North Car Wash Facility Commercial General (CG-1) Commercial
South Existing Single-family Residential Urban(RU) Single-family
Structures Residential
East Multi-tenant Commercial Commercial General (CG-1) Commercial
Center
West Tire Shop Commercial General (CG-1) Commercial
BACKGROUND
• January 24, 1964 - Certificate of Occupancy No. 6036 for a Service Station was issued.
• January 16, 1990 - Certificate of Occupancy No. 625738 was issued for Sales Office and
Storage area.
• November 21, 1995 - The Planning Commission approved Conditional Use Permit 95-22
to permit re-use of an existing service station with auto repair and ancillary snack shop,
but without the convenience store and alcohol sales component.
• January 3, 2013 - Notice of Violation issued for unpermitted addition built on the
westerly side of the property.
• August 21, 2013 - The Planning Commission denied CUP13-02 due to having an
insufficient lot size.
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• March 5, 2014 - Notice to the property owners and residents within 500 feet of the
exterior boundaries of the subject site were mailed. A legal advertisement was sent to
San Bernardino Sun Newspaper for publication on March 6,2014.
• March 6, 2014 -The Development/Environmental Review Committee(D/BRC)reviewed
the project application and moved the item to Planning Commission.
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ANALYSIS
Development Code Amendment:
Development Code Section 19.08.020, Table 08.01, (15) sets forth the list of permitted,
development permitted and conditionally permitted uses, for all industrial zones gasoline service
stations are only permitted in the Industrial Light (IL) and Industrial Heavy(IH) zones, subject to
approval of a Development Permit. Currently, no ancillary commercial uses such as convenience
stores, banks, or fast-food restaurants, are permitted in the IL and IH zones. The applicant seeks
to modify Section 19.08.020, Table 08.01, (15) that would allow ancillary commercial uses on
the same parcel in companion with a gasoline service station where they are currently prohibited
in the IL and IH zones.
Specifically, the proposed amendment would modify the following section of the Development
Code:
19.08.020 PERMITTED,DEVELOPMENT PERMITTED AND CONDITIONALLY
PERMITTED USES
The following list represents those primary uses in the manufacturing/industrial zones which are
Permitted(P),subject to a Development Permit(D)or a Conditional Use Permit(C):
TABLE 08.01
INDUSTRIAL ZONES LIST OF PERMITTED,DEVELOPMENT PERMITTED AND
CONDITIONALLY PERMITTED USES
15. Gasoline Service Stations with or without ancillary - CD CD -
Commercial Uses only at the intersections of major and
secondary arterials
The proposed amendment would provide additional conveniences for the public and local
residents and employment opportunities in the IL and IH zones.
However, it should be noted that this amendment will apply to all industrially zoned property
Citywide. Since industrial land is less expensive than commercial land, without certain land use
controls, there could be an influx of non-industrial uses, which could be detrimental over the
long-term to the City's industrial land availability. This could be particularly problematic for
j land assembly of smaller parcels into one, large parcel for a major industrial building, since
commercial uses tend to occupy smaller lots. Further, the layout of many of the current
industrial areas (i.e., the Cajon Creek area) is not conducive to commercial development, due to
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lot sizes, location, etc.
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Finally, it should be noted that allowing type o g an y of retail use in the Industrial Zones will
potentially result in increased impacts (i.e., traffic, air quality) that were not foreseen in the
Environmental Impact Report (EIR) prepared for the General Plan Update. Thus a subsequent
EIR may be needed if the impacts from allowing commercial uses in the Industrial Zones were
determined to be significant.
Therefore, staff recommends that by limiting the proposal to just gas stations with accessory uses
to be located only at the intersections of major and secondary arterials and with the requirement for
a Conditional Use Permit (consistent with such requirements in the Commercial Zones), this
would ensure land use compatibility and protection of the public health safety, convenience and
welfare on a site-specific basis. Moreover, the proposed amendment would not affect the long-
term integrity of the industrial zones and their intended uses,nor be inconsistent with the General
Plan or EIR prepared for the General Plan.
Additionally, staff has received several inquiries regarding the elimination of Development Code
Section 19.06.030 (T) (2) to allow the construction of new and/or remodeled gas stations in the
City. A minimum lot size is not a typical development standard for other types of commercial
developments, and staff believes that the other development standards regarding the construction
of gas stations (i.e., setbacks, parking and landscaping requirements, the number of stations
allowed at an intersection) as well as the developers' internal requirements (particularly
sufficient room to allow trucks to maneuver on-site)will be sufficient to dictate quality design of
gas stations without the need to have a minimum lot size.
Therefore, pursuant to requests by Council Member Johnson and two separate parties,
Development Code Section 19.06.030 (T) (2)would be modified to read as follows:
19.06.030 DEVELOPMENT STANDARDS180
2. SPECIFIC STANDARDS FOR COMMERCIAL ZONES
T. SERVICE STATION STANDARDS
Service stations are subject to a Conditional Use Permit and shall comply with the following
standards:
2 The fn* size s1W1 be 15,000 o feet, ith Ra A minimum
street footage of 100 feet on each street shall be provided.
Amending the Code sections as described herein would grant authority to the Planning
Commission to consider approval of Gasoline Service Stations in the Commercial and Industrial
Districts subject to a Conditional Use Permit. The proposed amendment would continue to allow
the Planning Commission to review individual proposals for Gasoline Service Stations through
site-specific analysis on a case-by-case basis, consistent with Development Code Section 19.3 1,
Table 19.31.01, with recommendations from staff. Site-specific Conditional Use Permit review
will provide for analysis of potential conflicts with surrounding land uses to ensure land use
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compatibility and consistency with goals,objectives and policies of the General Plan.
CUP 13-25:
The applicant is requesting approval of a Conditional Use Permit to legalize the 650-square foot
snack shop addition to the existing snack shop and gasoline service station. The existing
gasoline service station was built in 1963 with approved building permits, and was later
approved with auto repair and ancillary snack shop without the convenience store and alcohol
sales components under Conditional Use Permit 95-22. The request to modify the original
Conditional Use Permit for the legalization of the addition of the snack shop requires approval of
a Conditional Use Permit in the Commercial General land use district.
Site Plan:
The current application proposes substantial site improvements, including the construction of a
new refuse enclosure with added landscaping, upgrade to ADA parking and accessibility as well
as placement of new Historic Route 66 identification tiles on the building frontage and sidewalk
on Foothill Blvd. The site currently has 20.18% landscape coverage which exceeds the
landscaping requirement defined in Development Code Section 19.28. As conditioned, the site
will be improving ADA accessibility on-site at the entrance of the convenience store, as well as
off-site with the addition of handicap bypass along all the drive approaches. Additionally,
adequate parking on-site has been met pursuant to Development Code 19.24.040. The applicant
will also provide additional parking from the adjacent property located on the north side of the
building and will remove the fence and one existing parking space located at the north east side
of the property to improve the overall on-site circulation.
TABLE 2
CATEGORY EXISTING(AS DEVELOPMENT GENERAL PLAN
CONDITIONED) CODE
Permitted Use Convenience Store for Permitted subject to Consistent
Gasoline Service Station Conditional Use
Permit
Setbacks Front Side (Existing Conditions) 15 15 feet 0 feet 10 N/A
Street Side Rear feet(to canopy) 34.50 feet 10 feet
feet 10 feet 10 feet
Lot Coverage 28% 50% N/A
Landscaping 1,880.27 square feet 15% N/A
(20.18%)
Parking Handicap 14 spaces 1 13 spaces 1 N/A
Architecture&Design Guidelines:
The existing painted plywood will be removed from the unpermitted portion of the building, and
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new roofing and siding will be installed to integrate the addition with the existing structure in
texture,treatment, and color. The new snack shop proposes to integrate the building elevation
into one unified theme.
FINDINGS OF FACT - DEVELOPMENT CODE AMENDMENT
1. The proposed amendment is consistent with the General Plan.
The proposed Development Code Amendment would provide for site-specific review of the
subject uses on a case-by-case basis, subject to approval by the Planning Commission.
Additionally, the proposed DCA14-10 would clarify development standards for gasoline service
stations which would encourage development opportunities within the City and would ensure
that development of certain sites now in industrial zones would be consistent with the goals,
objectives and policies of the General Plan. The proposed amendment maintains land use
compatibility, in balance with public convenience and public safety, consistent with the
following goals and policies of the General Plan:
Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land
uses."
Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infill
of new development and revitalization of existing development."
Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of development, land
use flexibility and customized site development standards shall be achieved through various
master planning devices, such as specific plans, planned development zoning and creative site
planning."
Goal 4.5: "Identify and attract new employment types/land uses that complement the existing
employment clusters and foster long-term economic growth".
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience or welfare of the City.
Site-specific review of potential safety, zoning, health and land use conflicts by the Planning
Commission will ensure proper review of sites for gasoline service stations. Therefore, the
proposed Development Code Amendment serves the public interest and would not be detrimental
to public health, safety, convenience or general welfare.
FINDINGS OF FACT - CONDTIONAL USE PERMIT
1. The proposed use is conditionally permitted within, and complies with applicable provisions
of the Development Code, and would not impair the integrity and character of the subject
zone.
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The proposed snack shop expansion, which will be ancillary to the gasoline service station, and
is a conditionally permitted use under the Commercial General land use classification. The site is
consistent and compatible with existing industrial development in the vicinity as noticed in Table
1, above. The addition would not impair the integrity and character of the subject land use
district. The proposed project brings the unpermitted construction on site into conformance with
the 2010 California Building Code, Title 24 ADA Accessibility and complies with all applicable
provisions of the Development Code, as illustrated in Table 2 of the staff report.
2. The proposed use is consistent with the General Plan.
Table LU-2 of the City of San Bernardino General Plan Land Use Section describes the
Commercial General (CG-1) land use district as allowing "Local and regional serving retail,
personal service, entertainment, office, and related commercial uses." The proposed land use, as
an expansion to the snack shop, which is ancillary to the service station, is consistent with the
nature of commercial uses permitted in the land use district. Additionally, it will provide a retail
commodity to both local residents in the surrounding area and to those within the region
traveling along the Historic Route 66.
Policy 2.2.1 "ensures compatibility between land uses and quality design through adherence to
the standards and regulations in the Development Code and policies and guidelines in the
Community Design Element." The unpermitted addition was not reviewed, permitted nor
inspected by the City of San Bernardino's Community Development. The new site
improvements will promote more efficient and safe on-site circulation, and will eliminate the
unpermitted and noncompliant building issues. As shown in Finding 1, the use and proposal, as
conditioned, is compatible with the surrounding land uses, and the proposed Conditions of
Approval will ensure the safe operation of the site, consistent with this General Plan Policy.
3. Approval of the Conditional Use Permit for the proposed use complies with the requirements
of the California Environmental Quality Act and Section 19.20.030(6) of the Development
Code.
The Development/Environmental Review Committee reviewed the project and determined that it
is exempt from CEQA requirements per §15301 for existing facilities. Additionally, the proposal
is in compliance with the requirements of Section 19.20.030(6) of the Development Code.
4. There will be no potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored.
There are no anticipated negative impacts to environmental quality and/or natural resources. The
project site is already developed, and is located in an urbanized area with commercial and
residential land uses along Foothill Boulevard and Meridian Avenue. As proposed and
conditioned, the project would not result in any significant environmental impacts. The site is
adequately services by all required utilities and public services.
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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 welfare of the City.
The location and operating characteristics of the proposed project are consistent with all
provisions of the Development Code, as illustrated in Table 2. The proposal will not create
conditions that may be objectionable or detrimental to other permitted uses in the vicinity
because the proposal is consistent with the CG-1 district, intended for a variety of commercial
land uses.
The project will provide parking with improved on-site circulation to accommodate the existing
gasoline service station and the proposed convenience store. Therefore, no land use conflict or
adverse effects on public health, safety or welfare are anticipated to result from establishment of
convenience store at the subject site.
6. The subject site is physically suitable for the proposed type and density/intensity of use.
The site is physically suitable for the type and density/intensity of the project being proposed as
evidenced by the project's compliance with all applicable Development Code Standards as noted
in Table 2. The development plans include site improvements that will enhance on-site
circulation and access to and through the site as well as compliant ADA accessibility.
7. There are adequate provisions for public access, water, sanitation, and public utilities and
public services to ensure that the proposed use would not be detrimental to public health and
safety.
The developed property is located in an urbanized area, adjacent to Foothill Boulevard and
Meridian Avenue and accessible to a full range of public services and utilities. Establishment of
the proposed project subject to the Conditions of Approval will not be detrimental to public
services or public health and safety.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The Development/Environmental Review Committee(D/ERC)reviewed the proposal on March
6, 2014 and determined that the project is exempt from environmental review pursuant to CEQA
Section 15301 for Existing Facilities. The project was moved to Planning Commission for
consideration.
CONCLUSION
The proposed Development Code Amendment is consistent with the General Plan and would
serve the public interest, as supported by the Findings of Fact for approval and the Conditional
Use Permit for the proposed addition to an existing 1,281-square foot snack shop, located at
2696 Foothill Boulevard in the Commercial General (CG-1) zone satisfies all Findings of Fact
required for approval of Conditional Use Permit 13-25.
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RECOMMENDATION
Close the hearing; lay over Ordinance for final adoption; and approve CUP13-25,based upon the
Findings of Fact contained in the Planning Commission Staff Report subject to the Conditions of
Approval.
City Attorney Review:
Supporting Documents:
Ord 3063 (PDF)
Exhibit A (PDF)
Attachment 1 -CUP location map (PDF)
Attachment 2 -PC Staff Report (PDF)
Attachment 3 PC 03.19.2014 Minutes (PDF)
Attachment 4 MCC Hearing Notice (DOC)
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ORDINANCE NO,
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
DEVELOPMENT CODE AMENDMENT 14-10, TO AMEND CHAPTER 19.08
3 (INDUSTRIAL DISTRICTS) SECTION 19.08.020, Table 08.01, (15) GASOLINE
4 SERVICE STATIONS, TO PERMIT ANCILLARY COMMERCIAL USES WITH A
GASOLINE SERVICE STATION, ONLY AT THE INTERSECTIONS OF MAJOR
5 AND SECONDARY ARTERIALS, SUBJECT TO APPROVAL OF A CONDITIONAL
USE PERMIT; AND AMEND CHAPTER 19.06 (COMMERCIAL DISTRICTS)
6 SECTION 19.06.030 (T) (2), GASOLINE SERVICE STATIONS, TO DELETE THE
7 MINIUMUM PARCEL SIZE REQUIREMENT.
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8 WHEREAS,the current Development Code was initially implemented in 1991; and .
9 WHEREAS,the current General Plan was initially implemented in 2005; and y
10 WHEREAS, on March 19, 2014, the Planning Commission of the City of San
N
11 Bernardino held a noticed public hearing to consider public testimony and the staff report
12
recommending approval of Development Code Amendment 14-10, and recommended
13 approval of the proposed Development Code Amendment to the Mayor and Common =
Council; and °
14 WHEREAS, notice of the public hearing for the Mayor and Common Council's a
15
consideration of the proposed resolution was published in The Sun newspaper on April 10,
16
2014. o
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18 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE M
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19 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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21 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
22 are true and hereby adopt and incorporate them herein. a
23 SECTION 2. Findings of Fact.
24
1. The proposed Development Code Amendment would provide for site-specific review
25 of the subject uses on a case-by-case basis, subject to approval by the Planning Commission.
26 Additionally, the proposed DCA14-10 would clarify development standards for gasoline
27 service stations which would encourage development opportunities within the City and would
28 ensure that development of certain sites now in industrial zones would be consistent with the
Packet Pg.88
1 goals, objectives and policies of the General Plan. The proposed amendment maintains land
use compatibility, in balance with public convenience and public safety, consistent with the
2
following goals and policies of the General Plan:
3
4 Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding
5 land uses."
6 Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic
7 infill of new development and revitalization of existing development."
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Policy 2.41: "Where necessary to stimulate the desired mix and intensity of development,
9 Cn
land use flexibility and customized site development standards shall be achieved through
10 various master planning devices, such as specific plans, planned development zoning and
11 M
creative site planning."
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Goal 4.5: "Identify and attract new employment types/land uses that complement the existing
13 R
•w employment clusters and foster long-term economic growth". o
( 14 a
`�•— 15 2. Site-specific review of potential safety, zoning, health and land use conflicts by the U
16 Planning Commission will ensure proper review of sites for gasoline service stations.
0
Therefore, the proposed Development Code Amendment serves the public interest and would a
17 M
not be detrimental to public health, safety, convenience or general welfare.
18 o
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SECTION 3. Compliance with the California Environmental Quality Act. The
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20 Mayor and Common Council finds that the proposed Development Code Amendment is
21 exempt from the California Environmental Quality Act (CEQA) pursuant to Section Q
22 15061(b)(3) of the CEQA Guidelines, because the effects of the amendment would not result
23 in a significant direct or reasonably foreseeable indirect physical change in the environment.
24
25 SECTION 4. Development Code Amendment 14-10, attached hereto as Exhibit A
and incorporated herein by reference, is hereby approved.
26
27
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1 SECTION 5. Severability: if any section, subsection, subdivision, sentence, or
clause or phrase in this Ordinance or any part thereof is for any reason held to be
2
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
3 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
4 part thereof. The Mayor and Common Council hereby declares that it would have adopted
5 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
6 clauses, or phrases be declared unconstitutional, invalid,or ineffective.
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I ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
DEVELOPMENT CODE AMENDMENT 14-10, TO AMEND CHAPTER 19.08
2 (INDUSTRIAL DISTRICTS) SECTION 19.08.020, Table 08.01, (15) GASOLINE
SERVICE STATIONS, TO PERMIT ANCILLARY COMMERCIAL USES WITH A
3 GASOLINE SERVICE STATION, ONLY AT THE INTERSECTIONS OF MAJOR
4 AND SECONDARY ARTERIALS, SUBJECT TO APPROVAL OF A CONDITIONAL
USE PERMIT; AND AMEND CHAPTER 19.06 (COMMERCIAL DISTRICTS)
5 SECTIONS 19.06.030 (T) (2), GASOLINE SERVICE STATIONS, TO DELETE THE
MINIUMUM PARCEL SIZE REQUIREMENT.
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1 HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a meeting thereof,
8 held on the day of , 2014,by the following vote,to wit:
y
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT �
10
MARQUEZ LO
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BARRIOS °-
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13 VALDIVIA
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14 SHORETT
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15 NICKEL o
16 M
JOHNSON M
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MULVIHILL o
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20 Georgeann Hanna, City Clerk E
21 The foregoing Ordinance is hereby approved this day of ,2014. a
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23
R. Carey Davis, Mayor
24 City of San Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
26
27 By: of
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I MINIM
EXHIBIT A
DEVELOPMENT CODE AMENDMENT 14-10 is twofold:
I. Chapter 19.08 (Industrial Districts) Section 19.08.020, Table 08.01, (15) Gasoline Service
Stations will be modified to read:
Development Code Chapter 19.08 (Industrial Districts) Section 19.08.020, Table 08.01, (15)
Gasoline Service Stations, to permit ancillary commercial uses with a gasoline service station, only
at the intersections of major and secondary arterials, and subject to approval of a Conditional Use
Permit.
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19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY n
PERMITTED USES a
The following list represents those primary uses in the manufacturing/industrial zones which are N
Permitted (P), subject to a Development Permit (D) or a Conditional Use Permit (C):
a.
D
TABLE 08.01
INDUSTRIAL ZONES LIST OF PERMITTED, DEVELOPMENT PERMITTED AND
CONDITIONALLY PERMITTED USES °
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Q
15. Gasoline Service Stations with or without ancillary — CD CD —
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Commercial Uses only at the intersections of major and
secondary arterials M
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II. Development Code Section 19.06.030 (T) (2) will be modified to read:
d
19.06.030 DEVELOPMENT STANDARDS Q
w
2. SPECIFIC STANDARDS FOR COMMERCIAL ZONES w
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T. SERVICE STATION STANDARDS E
Service stations are subject to a Conditional Use Permit and shall comply with the following Q
standards:
2. The minimum i size shall be 15,000 square feet, wi A minimum
street footage of 100 feet on each street shall be provided.
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ATTACHMENT 1 -LOCATION MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: DCA 14-10 & CUP 13-25
NORTH
LOCATION MAP
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HEARING DATE: 04/21/14
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AGENDA ITEM: #3
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: Development Code Amendment 14-10 and Conditional Use Permit 13-25
HEARING DATE: March 19, 2014
WARD: 6-Conditional Use Permit/DCA-Citywide
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OWNER/APPLICANT: APPLICANT: REPRESENTATIVE:
Ali Yasin Mike Sater Alicen Wong
22975 Orangewood Court 683 Cliffside Drive Gresham Savage,Nolan& Tilden
Grand Terrace, CA 92313 San Dimas, CA 91773 550 East Hospitality Lane,No. 300
(951)232-1606 909.293.7588 San Bernardino, CA 92408 N
909.723.1811
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REQUEST/LOCATION:
A request to amend Development Code Chapter 19.08 (Industrial Districts) Section 19.08.020,
Table 08.01, (15) Gasoline Service Stations, to permit ancillary commercial uses with a gasoline Q
service station, only at the intersections of major and secondary arterials, subject to approval of a
Conditional Use Permit, Chapter 19.06 (Commercial Districts) Section 19.06.030 (T) (2),
Gasoline Service Stations, to delete the minimum parcel size requirement and a Conditional Use
Permit to modify previously approved CUP 95-22 to legalize a 650-squarefoot addition to an M
existing 1,281-square foot snack shop. The site subject to CUP13-25 is located at 2696 Foothill L
Boulevard in the Commercial General(CG-1) zone.
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Assessor Parcel Number: 0142-522-07 for CUP13-25
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CONSTRAINTS/OVERLAYS:
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None Y
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ENVIRONMENTAL FINDINGS:
❑ Not Subject to CEQA Q
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® Exempt from CEQA, Section 15301 —Existing Facilities
❑ No Significant Effects s
❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
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STAFF RECOMMENDATION:
® Recommend Mayor and Council Approval
❑ Conditions
❑ Denial
❑ Continuance to:
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Hearing Date: 03.19.14
DCA14-10 and CUP13-25
Page 2
PROJECT DESCRIPTION
The applicants request the following:
• To amend Development Code Chapter 19.08 (Industrial Districts) Section 19.08.020,
Table 08.01, (15) Gasoline Service Stations, to permit ancillary commercial uses with a
gasoline service station, only at the intersections of major and secondary arterials, subject
to approval of a Conditional Use Permit.
• To amend Development Code Chapter 19.06 (Commercial Districts) Section 19.06.030 0
(T) (2), Gasoline Service Stations,to delete the minimum parcel size requirement.
• Conditional Use Permit to modify previously approved CUP 95-22 to legalize a 650- U)
square foot addition to an existing 1,281-square foot snack shop. The project is located at
2696 Foothill Boulevard in the Commercial General (CG-1)zone(Attachment A).
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DCA 14-10:
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The purpose of the proposed Development Code Amendment(DCA) is twofold: U
1) To amend Development Code Chapter 19.08 (Industrial Districts) Section 19.08.020, Table °
08.01, (15) Gasoline Service Stations, to permit ancillary commercial uses with a gasoline
service station, only at the intersections of major and secondary arterials, subject to approval of a
Conditional Use Permit. The proposed amendment would allow the development and/or
redevelopment of modern gas stations, which typically contain convenience stores, fast-food
restaurants, and banks, as ancillary uses located on the same parcel with a gasoline service
station. The development of such retail uses would be allowed at the intersections of major and
secondary arterials, subject to approval of a Conditional Use Permit.
2) To amend Development Code Section 19.06.030 (T) (2) to delete the minimum parcel size
requirement. Development Code Section 19.06.030(2)(T)(2) sets the minimum parcel size
requirement for (automobile) service stations in commercial districts, where service stations are aa..
permitted subject to approval of a Conditional Use Permit. Cv
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CUP 13-25: E
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The applicant is requesting that this application, which has denied by the Planning Commission Q
on August 21, 2013 due to having an insufficient lot size, be re-heard since the project is now
affiliated with DCA 14-10, which proposes to eliminate the minimum lot size requirements. The E
gasoline service station was constructed in 1964 and consists of a snack shop with a cashier area.
On January 3, 2013 the applicant received a Notice of Violation for unpermitted construction of
650-square foot addition to the snack store. The applicant is requesting to legalize the addition to
the existing permitted snack shop. The existing gas station operation will be maintained. There is
no Alcoholic Beverage Control license proposed with this application.
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Hearing Date: 03.19.14
DCA14-10 and CUP13-25
Page 3
Substantial site improvements would include:
• Legalizing the unpermitted addition (However, note since a 10-foot setback is
required between the addition and the westerly property line; therefore, the
addition must be reduced in size to meet the setback requirements).
• Placement of new Historic Route 66 identification tiles on the building frontage
and sidewalk on Foothill Blvd.
• The addition of handicap bypasses on all drive approaches.
• Screen the existing vapor recovery unit o
• Upgrades to ADA parking and site accessibility.
• New parking stalls and loading zone. N
• New refuse enclosure with landscaped island to meet current standards.
• Rehabilitate and paint building exterior to match the existing building
architecture. N
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Additional parking stalls are proposed to be added to accommodate the expansion of the snack v
shop use (Attachment B). The proposed business employs approximately five people, and would
be open 24 hours.
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SETTING/SITE CHARACTERISTICS Q
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The project site is approximately 14,720 square feet in size and contains an existing gasoline
service station that is situated at the northeasterly corner of Foothill Blvd. and Meridian Avenue. c
Table 1 below, summarizes the zonin g g and existing General Plan land uses for the site and
surrounding properties. o
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TABLE 1: LAND USE CHARACTERISTICS W
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LOCATION EXISTING LAND USE ZONING GENERAL PLAN
Site Gasoline Service Station Commercial General(CG-1) Commercial
North Car Wash Facility Commercial General (CG-1) Commercial
South Existing Single-family Residential Urban(RU) Single-family E
Structures Residential U
East Multi-tenant Commercial Commercial General (CG-1) Commercial Q
Center
West Tire Shop Commercial General (CG-1) Commercial
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BACKGROUND ¢
• January 24, 1964 -Certificate of Occupancy No. 6036 for a Service Station was issued.
• January 16, 1990 - Certificate of Occupancy No. 625738 was issued for Sales Office and
Storage area.
• November 21, 1995 - The Planning Commission approved Conditional Use Permit 95-22
to permit re-use of an existing service station with auto repair and ancillary snack shop,
but without the convenience store and alcohol sales component.
Hearing Date:03.19.14
DCA14-10 and CUP13-25
Page 4
• January 3, 2013 - Notice of Violation issued for unpermitted addition built on the
westerly side of the property.
• August 21, 2013 – The Planning Commission denied CUP13-02 due to having an
insufficient lot size.
• March 5, 2014 – Notice to the property owners and residents within 500 feet of the
exterior boundaries of the subject site were mailed. A legal advertisement was sent to
San Bernardino Sun Newspaper for publication on March 6, 2014.
• March 6, 2014 – The Development/Environmental Review Committee (D/ERC)
reviewed the project application and moved the item to Planning Commission. o
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
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The Development/Environmental Review Committee (D/ERC) reviewed the proposal on March
6, 2014 and determined that the project is exempt from environmental review pursuant to CEQA N
Section 15301 for Existing Facilities. The project was moved to Planning Commission for
consideration.
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ANALYSIS
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Development Code Amendment:
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Development Code Section 19.08.020, Table 08.01, (15) sets forth the list of permitted, °.
development permitted and conditionally permitted uses, for all industrial zones gasoline service
stations are only permitted in the Industrial Light(IL) and Industrial Heavy(IH) zones, subject to M
approval of a Development Permit. Currently, no ancillary commercial uses such as convenience o
stores, banks, or fast-food restaurants, are permitted in the IL and IH zones. The applicant seeks
to modify Section 19.08.020, Table 08.01, (15) that would allow ancillary commercial uses on
the same parcel in companion with a gasoline service station where they are currently prohibited
in the IL and III zones. 0
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Specifically, the proposed amendment would modify the following section of the Development cv
Code: a
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19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY
PERMITTED USES d
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The following list represents those primary uses in the manufacturing/industrial zones which are
Permitted(P), subject to a Development Permit(D)or a Conditional Use Permit(C): U
TABLE 08.01 Q
INDUSTRIAL ZONES LIST OF PERMITTED,DEVELOPMENT PERMITTED AND
CONDITIONALLY PERMITTED USES
15. Gasoline Service Stations with or without ancillary — CD CD —
Commercial Uses only at the intersections of major and
secondary arterials
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Hearing Date: 03.19.14
DCA14-10 and CUP13-25
Page 5
The proposed amendment would provide additional conveniences for the public and local
residents and employment opportunities in the IL and IH zones.
However, it should be noted that this amendment will apply to all industrially zoned property
Citywide. Since industrial land is less expensive than commercial land, without certain land use
controls, there could be an influx of non-industrial uses, which could be detrimental over the
long-term to the City's industrial land availability. This could be particularly problematic for
land assembly of smaller parcels into one, large parcel for a major industrial building, since
commercial uses tend to occupy smaller lots. Further, the layout of many of the current
industrial areas (i.e., the Cajon Creek area) is not conducive to commercial development, due to
lot sizes, location, etc. n
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Finally, it should be noted that allowing any type of retail use in the Industrial Zones will
potentially result in increased impacts (i.e., traffic air quality) that were not foreseen in the N
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Environmental Impact Report (EIR) prepared for the General Plan Update. Thus a subsequent
EIR may be needed if the impacts from allowing commercial uses in the Industrial Zones were D
determined to be significant.
Therefore, staff recommends that by limiting the proposal to just gas stations with accessory uses o
to be located only at the intersections of major and secondary arterials and with the requirement for �+
a Conditional Use Permit (consistent with such requirements in the Commercial Zones), this
would ensure land use compatibility and protection of the public health safety, convenience and a
welfare on a site-specific basis. Moreover, the proposed amendment would not affect the long-
term integrity of the industrial zones and their intended uses,nor be inconsistent with the General
Plan or EIR prepared for the General Plan.
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Additionally, staff has received several inquiries regarding the elimination of Development Code
Section 19.06.030 (T) (2) to allow the construction of new and/or remodeled gas stations in the
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City. A minimum lot size is not a typical development standard for other types of commercial in
developments, and staff believes that the other development standards regarding the construction a
of gas stations (i.e., setbacks, parking and landscaping requirements, the number of stations N
allowed at an intersection) as well as the developers' internal requirements (particularly
sufficient room to allow trucks to maneuver on-site) will be sufficient to dictate quality design of E
gas stations without the need to have a minimum lot size. U
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Therefore, pursuant to requests by Council Member Johnson and two separate parties,
Development Code Section 19.06.030 (T) (2) would be modified to read as follows:
19.06.030 DEVELOPMENT STANDARDS180
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2. SPECIFIC STANDARDS FOR COMMERCIAL ZONES
T. SERVICE STATION STANDARDS
Service stations are subject to a Conditional Use Permit and shall comply with the following
standards:
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Hearing Date: 03.19.14
DCA14-10 and CUP13-25
Page 6
2. The 1 size s ,»1 be 15,000 s V ar-e feet, . ith A minimum
street footage of 100 feet on each street shall be provided.
Amending the Code sections as described herein would grant authority to the Planning
Commission to consider conditional approval of Gasoline Service Stations in the Commercial
and Industrial Districts. The proposed amendment would continue to allow the Planning
Commission to review individual proposals for Gasoline Service Stations through site-specific
analysis on a case-by-case basis, consistent with Development Code Section 19.31, Table
19.31.01, with recommendations from staff. Site-specific Conditional Use Permit review will
provide for analysis of potential conflicts with surrounding land uses to ensure land use
compatibility and consistency with goals, objectives and policies of the General Plan.
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CUP 13-25:
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The applicant is requesting approval of a Conditional Use Permit to legalize the 650-square foot M
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snack shop addition to the existing snack shop and gasoline service station. The existing
gasoline service station was built in 1963 with approved building permits, and was later L)
approved with auto repair and ancillary snack shop without the convenience store and alcohol
sales components under Conditional Use Permit 95-22. The request to modify the original o
Conditional Use Permit for the legalization of the addition of the snack shop requires approval of
a Conditional Use Permit in the Commercial General land use district. Q
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Site Plan: to
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The current application proposes substantial site improvements, including the construction of a
new refuse enclosure with added landscaping, upgrade to ADA parking and accessibility as well °a
as placement of new Historic Route 66 identification tiles on the building frontage and sidewalk W
on Foothill Blvd. The site currently has 20.18% landscape coverage which exceeds the
landscaping requirement defined in Development Code Section 19.28. As conditioned, the site can
will be improving ADA accessibility on-site at the entrance of the convenience store, as well as a.
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off-site with the addition of handicap bypass along all the drive approaches. Additionally, N
adequate parking on-site has been met pursuant to Development Code 19.24.040. The applicant C
will also provide additional parking from the adjacent property located on the north side of the E
building and will remove the fence and one existing parking space located at the north east side 0
of the property to improve the overall on-site circulation. Q
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Hearing Date: 03.19.14
DCA14-10 and CUP]3-25
Page 7
TABLE 2
CATEGORY EXISTING DEVELOPMENT GENERAL PLAN
(AS CONDITIONED) CODE
Permitted Use Convenience Store for Permitted subject to Consistent
Gasoline Service Station Conditional Use
Permit
Setbacks (Existing Conditions)
- Front 15 feet(to canopy) 15 feet o
- Side 34.50 feet 0 feet N/A
- Street Side 10 feet 10 feet in
- Rear 10 feet 10 feet
Lot Coverage 28% 50% N/A N
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Landscaping 1,880.27 square feet 15% N/A v
(20.18%) o
Parking 14 spaces 13 spaces N/A o
- Handicap 1 1 0
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Architecture &Design Guidelines: c
The existing painted plywood will be removed from the unpermitted portion of the building, and o
new roofing and siding will be installed to integrate the addition with the existing structure in
texture, treatment, and color. The new snack shop proposes to integrate the building elevation
into one unified theme.
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FINDINGS OF FACT—DEVELOPMENT CODE AMENDMENT a
1. The proposed amendment is consistent with the General Plan.
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The proposed Development Code Amendment would provide for site-specific review of the
subject uses on a case-by-case basis, subject to approval by the Planning Commission.
Additionally, the proposed DCA14-10 would clarify development standards for gasoline service
stations which would encourage development opportunities within the City and would ensure
that development of certain sites now in industrial zones would be consistent with the goals, U
objectives and policies of the General Plan. The proposed amendment maintains land use Q
compatibility, in balance with public convenience and public safety, consistent with the
following goals and policies of the General Plan:
Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land
uses."
Goal 2.4: `Enhance the quality of life and economic vitality in San Bernardino by strategic infill
of new development and revitalization of existing development."
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Hearing Date: 03.19.14
DCA14-10 and CUP13-25
Page 8
Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of development, land
use flexibility and customized site development standards shall be achieved through various
master planning devices, such as specific plans, planned development zoning and creative site
planning."
Goal 4.5: "Identify and attract new employment types/land uses that complement the existing
employment clusters and foster long-term economic growth". _
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2. The proposed amendment would not be detrimental to the pubic interest, health, safety, 0
convenience or welfare of the City.
Site-specific review of potential safety, zoning, health and land use conflicts by the Planning �?
Commission will ensure proper review of sites for gasoline service stations. Therefore, the N
proposed Development Code Amendment serves the public interest and would not be detrimental
to public health, safety, convenience or general welfare. a
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FINDINGS OF FACT—CONDTIONAL USE PERMIT
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1. The proposed use is conditionally permitted within, and complies with applicable provisions r
of the Development Code, and would not impair the integrity and character of the subject v
zone.
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The proposed snack shop expansion, which will be ancillary to the gasoline service station, and
is a conditionally permitted use under the Commercial General land use classification. The site is
consistent and compatible with existing industrial development in the vicinity as noticed in Table a
1, above. The addition would not impair the integrity and character of the subject land use
district. The proposed project brings the unpermitted construction on site into conformance with
the 2010 California Building Code, Title 24 ADA Accessibility and complies with all applicable Cn
provisions of the Development Code, as illustrated in Table 2 of the staff report. 0.
2. The proposed use is consistent with the General Plan.
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Table LU-2 of the City of San Bernardino General Plan Land Use Section describes the
Commercial General (CG-1) land use district as allowing "Local and regional serving retail, .2
personal service, entertainment, office, and related commercial uses." The proposed land use, as
an expansion to the snack shop, which is ancillary to the service station, is consistent with the
nature of commercial uses permitted in the land use district. Additionally, it will provide a retail
commodity to both local residents in the surrounding area and to those within the region
traveling along the Historic Route 66. a
Policy 2.2.1 "ensures compatibility between land uses and quality design through adherence to
the standards and regulations in the Development Code and policies and guidelines in the
Community Design Element." The unpermitted addition was not reviewed, permitted nor
inspected by the City of San Bernardino's Community Development. The new site
improvements will promote more efficient and safe on-site circulation, and will eliminate the
unpermitted and noncompliant building issues. As shown in Finding 1, the use and proposal, as
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Hearing Date: 03.19.14
DCA14-10 and CUP13-25
Page 9
conditioned, is compatible with the surrounding land uses, and the proposed Conditions of
Approval will ensure the safe operation of the site, consistent with this General Plan Policy.
3. Approval of the Conditional Use Permit for the proposed use complies with the requirements
of the California Environmental Quality Act and Section 19.20.030(6) of the Development
Code.
The Development/Environmental Review Committee reviewed the project and determined that it
is exempt from CEQA requirements per §15301 for existing facilities. Additionally, the proposal o
is in compliance with the requirements of Section 19.20.030(6) of the Development Code. W
4. There will be no potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored.
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There are no anticipated negative impacts to environmental quality and/or natural resources. The Cn
project site is already developed, and is located in an urbanized area with commercial and °-
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residential land uses along Foothill Boulevard and Meridian Avenue. As proposed and U
conditioned, the project would not result in any significant environmental impacts. The site is
adequately services by all required utilities and public services.
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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 o
located and will not create significant noise, traffic or other conditions or situations that may be
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objectionable or detrimental to other permitted uses in the vicinity or adverse to the public
interest, health, safety, convenience, or welfare of the City. L
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The location and operating characteristics of the proposed project are consistent with all 0:
provisions of the Development Code, as illustrated in Table 2. The proposal will not create =
conditions that may be objectionable or detrimental to other permitted uses in the vicinity in
because the proposal is consistent with the CG-1 district, intended for a variety of commercial a.
land uses. N
The project will provide parking with improved on-site circulation to accommodate the existing E
gasoline service station and the proposed convenience store. Therefore, no land use conflict or 0
adverse effects on public health, safety or welfare are anticipated to result from establishment of .2
convenience store at the subject site.
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6. The subject site is physically suitable for the proposed type and density/intensity of use.
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The site is physically suitable for the type and density/intensity of the project being proposed as a
evidenced by the project's compliance with all applicable Development Code Standards as noted
in Table 2. The development plans include site improvements that will enhance on-site
circulation and access to and through the site as well as compliant ADA accessibility.
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Hearing Date: 03.19.14
DCA14-10 and CUP13-25
Page 10
7. There are adequate provisions for public access, water, sanitation, and public utilities and
public services to ensure that the proposed use would not be detrimental to public health and
safety.
The developed property is located in an urbanized area, adjacent to Foothill Boulevard and
Meridian Avenue and accessible to a full range of public services and utilities. Establishment of
the proposed project subject to the Conditions of Approval will not be detrimental to public
services or public health and safety.
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CONCLUSION 2
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The proposed Development Code Amendment is consistent with the General Plan and would
serve the public interest, as supported by the Findings of Fact for approval and the Conditional ,
Use Permit for the proposed addition to an existing 1,281-square foot snack shop, located at N
2696 Foothill Boulevard in the Commercial General (CG-1) zone satisfies all Findings of Fact a
required for approval of Conditional Use Permit 13-25.
RECOMMENDATION
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Staff recommends that the Planning Commission recommend approval of Development Code a
Amendment 14-10 and Conditional Use Permit 13-25 to the Mayor and Common Council,based U
on the Findings of Fact contained in this staff report, and subject to the Conditions of Approval
(Attachment Q. M CO
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Respectfully Submitted,
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Aron Liang
Senior Planner a�
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Approved for istribution:
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Tony Stewart,AICP
Community Development Director
Attachment A—Location/Aerial Map
Attachment B—Site Plan,Floor Plan and Elevations for CUP 13-25
Attachment C—Conditions of Approval for CUP 13-25
Attachment D—Notice of the Public Hearing
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ATTACHMENT C
CONDITIONS OF APPROVAL
Conditional Use Permit No. 13-25
1. This approval is to legalize an addition to an existing 1,281-square foot snack shop at an
existing gas station located at 2696 Foothill Boulevard. All improvements must be in
substantial conformance to submitted plans date stamped November 19,2013.
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2. Since there is an existing Code Enforcement action on this property, within 60 days of °
development approval, the applicant shall submit construction drawings for the building Cn
remodel and all required on- and off-site improvements, and commencement of
construction shall have occurred within 30 days of construction plan approval, or the
permit/approval shall become null and void. However, approval of the Conditional Use N
Permit does not authorize commencement of construction. All necessary permits must be
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obtained prior to commencement of specified construction activities included in the M
Conditions of Approval.
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Expiration Date: Two years from the effective date of Development Code
Amendment 14-10.
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3. 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 M
matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the
City of San Bernardino (City), any departments, agencies, divisions, boards or a
commission of either the City as well as predecessors, successors, assigns, agents,
directors, elected officials, officers, employees,representatives and attorneys of either the
City from any claim, action or proceeding against any of the foregoing persons or in
entities. The applicant further agrees to reimburse the City of any costs and attorneys' Q
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.
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The costs, salaries, and expenses of the City Attorney and employees of his office shall s
be considered as"attorney's fees"for the purpose of this condition. a
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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 E
applicant.
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4. The property owner and property management must be responsible for regular Q
maintenance of the site. Vandalism, graffiti, trash and other debris must be removed
within 24 hours. The management must take a photograph of any graffiti and provide it to
the Police Department prior to removing graffiti.
5. Any security gates/bars, doors, or window bars must be installed on the inside of the
structure only. Video surveillance equipment installed/used on the exterior must be
painted to match the structures, or treated to blend with existing architecture.
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CUP 13-25
Conditions of Approval
March 19, 2014
Page 2
6. The applicant must install exterior lighting that is energy-efficient and shielded or
recessed so that direct glare and reflections are contained within the boundaries of the
parcel. No lighting shall blink/flash, or be of unusually high intensity or brightness.
Security lighting must be provided at all entrances/exits.
7. No loud speakers, bells, gongs, buzzers, mechanical equipment or other sounds, N
attention-attracting, or communication device associated with any use shall be o
discernable beyond any boundary line of the parcel, except fire protection devices and
burglar alarms. N
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8. Signs are not approved as a part of this permit. Prior to establishing any new signs, the I
applicant must submit an application for approval by the Planning Division. M
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9. The applicant must print all Conditions of Approval on the plan sheets of all plan check
submittals (engineering, landscaping, etc.) to the Building/Plan Check and Land v
Development Divisions.
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10. The premises,parking lots, any area adjacent to the premises over which the owner of the
establishment has control, and any area adjacent to the premises occupied or used by the
establishment's patrons shall be kept free of litter and debris. These areas shall be °
cleaned of any litter upon the close of business each day. The owner shall be responsible
for the posting of signs prohibiting litter around the exterior of the premises and in
adjacent parking areas. o
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11. The following signs shall be required to be prominently posted in a readily visible W
manner on an exterior wall or fixture on each side of the building (not on windows) in CU
English, Spanish and the predominant language of the patrons: "No Loitering," "No fn
Drinking," "No panhandling or soliciting," and "It is illegal to possess an open container a
of alcohol in the vicinity of this establishment." N
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12. If public telephones are installed on the premises, they shall be installed inside the s
building and programmed for outgoing calls only. o
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13. The applicant must submit an On-Site Improvement plan to construct a refuse enclosure
with a minimum three-foot wide landscape planter around the north, south and east sides
of the enclosure per City 508 Standards. The enclosure must be installed and signed off
prior to the issuance of a Certificate of Occupancy. Q
14. Prior to final inspection, the applicant/owner shall record a reciprocal parking for the
subject property and the property located to the immediate north of the subject property,
and the recorded reciprocal parking shall be provided to the City. As an option, the
applicant shall provide a minimum of five parking spaces, including one handicap
accessible space, on the subject site.
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CUP 13-25
Conditions of Approval
March 19,2014
Page 3
15. The applicant shall submit redesigned plans to the Community Development Director for
review and approval, which demonstrate that all required ADA access will be
accommodated on the project site, and the applicant shall construct the required ADA
access prior to final inspection.
16. The applicant shall submit plans to the Community Development Director, which N
demonstrate the reduction of the subject addition to accommodate the required 10-foot o
wide setback between the building and the westerly property line. The applicant shall
reduce the size of the subject addition to accommodate the required 10-foot setback N
between the building and the westerly property line prior to final inspection.
17. The applicant shall submit plans to the Community Development Director, which N
demonstrate that the exterior of the subject addition will be architecturally treated with
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paint and materials to match the remainder of the subject building. The applicant shall
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apply the paint and materials to the subject addition to ensure the addition matches the =
remainder of the building,prior to a final inspection.
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18. The applicant shall construct a loading zone with the minimum dimensions of 15 feet in 4
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width x 19 feet in length prior to final inspection. U
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19. The applicant shall submit plans to the Community Development Director, which o
demonstrate that the existin g Healy vapor recovery tank will be completely screened on
all sides with an enclosure that is textured and painted to match the primary building on o
the subject site. Prior to final inspection, the applicant shall obtain all required permits 0)
for the Healy unit and its enclosure, and shall install the enclosure.
20. Prior to final inspection, the applicant shall reconstruct all on-site drive approaches to U
include handicap bypasses. °.
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21. Prior to final inspection, the applicant must install 2' x 2' California US 66 pavers in the
public sidewalk. The applicant must set the pavers in the center of the sidewalk at each
corner of the project and at equal intervals not exceeding 25 feet on center along the o
project's Cajon Boulevard frontage. Approved pavers are available for purchase at cost Q
directly from Wausau Tile Company. c
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22. Prior to final inspection, the applicant must install California US 66 wall mounted
plaques on the new buildings facing California US Route 66/Cajon Boulevard at a Q
location approved by the Community Development Director. Approved wall plaques are
available for purchase at cost directly from Wausau Tile Company.
23. The applicant must submit electronic files of all public improvement plans/drawings to
the City Engineer. The files must be compatible with AutoCAD 2000, and include a
.DXF file of the project. Files must be on a CD and must be submitted at the same time
the final Mylar drawings are submitted for approval.
Packet Pg. 106
CUP 13-25
Conditions ofApprovai
March 19, 2014
�'�wy✓ Page 4
24. Prior to the issuance of Building Permits, the applicant must submit a Landscape and
j Irrigation plan that has been prepared in substantial conformance with the preliminary
landscape plan dated June 14, 2012 to the Land Development Division for review and
approval. Prior to the issuance of a Certificate of Occupancy, the applicant must install
all landscape and irrigation improvements in conformance with the final landscape and
irrigation plan.
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25. The applicant must execute an easement and covenant 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 the landscaping, the City will be able to file appropriate liens against N
the property in order to accomplish the required landscape maintenance. The applicant M
must pay a document processing fee in the amount established by ordinance to the Real
Property Section to cover processing costs. The property owner, prior to plan approval, v
must execute this easement and covenant unless otherwise allowed by the City Engineer. _
0
26. The applicant must submit an on-site Improvement Plan and permit to the Land r
Development Division for review and approval. The on-site plan may be incorporated Q
with the grading plan. o
27. The applicant is required to remove and replace all cracked sidewalk and or curbing o
alon g g the frontage of Foothill Boulevard and Meridian Avenue
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28. The applicant must submit to the Land Development Division for review and approval an C'
off-site Improvement Plan and permit prepared by a Registered Civil Engineer.
CU
29. Prior to final inspection,the applicant shall install a bicycle parking rack to accommodate fn
a minimum of three bicycles. The rack shall be installed in a location visible from inside a
the on-site snack shop. N
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End of Attachment C
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ATTACHMENT A — AERIAL MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: DCA 14-10 and CUP 13-25
NORTH
LOCATION MAP
HEARING DATE: 03119114
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PROJECT: DCA 14-10 & CUP 13-25
NORTH
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HEARING DATE: 03119114
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CITY OF SAN BERNARDINO
NOTICE OF PUBLIC HEARING BEFORE THE
CITY OF SAN BERNARDINO
PLANNING COMMISSION
SUBJECT: DEVELOPMENT CODE AMENDMENT 14-10 AND CONDITIONAL City-wide and
USE PERMIT 13-25 Ward No. 6
PROPOSAL: A request to amend Development Code Chapter 19.08 (Industrial Districts) Section 19.08.020, Table 08.01, (15)
Gasoline Service Stations, to permit ancillary commercial uses with a gasoline service station,Chapter 19.06 (Commercial Districts)
Section 19.06.030(T)(2),Gasoline Service Stations,to delete the minimum parcel size requirement and a Conditional Use Permit to N
modify previously approved CUP 95-22 to legalize a 650-squarefoot addition to an existing 1,281-square foot snack shop.The project o
is located at 2696 Foothill Boulevard in the Commercial General(CG-1)land use district.
N
OWNER/APPLICANT: Ali Yasin
ENVIRONMENTAL RECOMMENDATION: The project is exempt from CEQA under Section 15301, Existing
Facilities.
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PUBLIC HEARING LOCATION: HEARING DATE AND TIME: M
San Bernardino City Hall v
300 North"D" Street Wednesday, March 19, 2014 at 6:00p.m. C
Lobby Floor,Council Chambers c
San Bernardino,California 92418 c'r
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You are receiving this notice because the project site described above Q
is within 500 feet of your property. If you would like further
information about this proposal prior to the public hearing, please
ontact the Planning Division at(909)384-5057. N
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ou are welcome to attend the public hearing and address the ,
Development and Environmental Review Committee with your
comments on this proposal, or you may submit written comments in e 3 m
favor of or in opposition to the proposal to the Planning Division, °
City Hall,300 North"D"Street,San Bernardino,CA 92418. 4:
Decisions of the Planning Commission are final concerning Minor S
Use Permits, Development Permits, and Tentative Parcel Maps, 9 d
unless appealed to the Mayor and Common Council. Appeals to the I
Mayor and Council must be made in writing, stating the grounds of ! N
the appeal and must be submitted to the City Clerk along with the c
appropriate fee within fifteen days of the decision. E
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Final review and action concerning General Plan Amendments, r
Development Code Amendments, Specific Plans and Development Q
Agreements will be made by the Mayor and Common Council.
If you challenge the resultant action of the Mayor and Common FOOTHILL BLVD E
Council in court,you may be limited to raising only those issues you v
or someone else raised at the public hearing described in this notice, m
or in written correspondence delivered to the City Planning Division Q
at,or prior to,the public hearing.
Individual testimony on agenda items will be strictly limited to three
minutes per person.
The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact
Facilities Services(384-5244)two working days prior to the meeting with any requests for reasonable accommodation,to include interpreters.
Packet Pg. 113
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5 F.e
�eF,RNAP p�Np Larry Heasley,Chair
Lance Darr, Vice-Chair
° a Andrew.Machen CIT Y OF SAN BERNARDINO
r M Amelia S.Lopez
Frederick Grochulski
�oG reBarnhardt
Kent Paxton COMMUNITY DEVELOPMENT DEPARTMENT
►�Fp'N�a 300 North `D"Street, San Bernardino, California 92418
Casey Dailey Phone:(909)384-505715071 • Fax:(909)384-5080
Michael Thomas
Bob Brown,Alt.
PLANNING COMMISSION MINUTES
MARCH 19, 2014
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MINUTES OF FEBRUARY 19, 2014
t9
CONDITIONAL USE PERMIT 13-09 N
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DEVELOPMENT CODE AMENDMENT 14-10 AND CONDITIONAL USE
PERMIT 13-25
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DEVELOPMENT CODE AMENDMENT/ZONING MAP AMENDMENT 14-11 O
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Pagel of 8 03/19/2014
Packet Pg. 115
5Fe
Chair Heasley called the meeting to order at 6:00 p.m.
Commissioner Thomas led the flag salute.
Present: Commissioners: Heasley, Machen, Lopez, Grochulski, Barnhardt, Paxton, Dailey,
Thomas.
Excused: Duff. Absent: Brown. Staff present: Tony Stewart, Acting Community Development
Director; Henry Empeno, Jr., Senior Deputy City Attorney; Aron Liang, Senior Planner. N
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ADMINISTRATION OF OATH o
Senior Planner Aron Liang administered the oath. M
CONSENT AGENDA: N
Tony Stewart, Acting Community Development Director, gave a brief presentation of the a D
consent agenda. v
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1. Minutes of February 19, 2014. Staff recommends approval of these minutes.
v
2. CONDITIONAL USE PERMIT NO. 13-09 - A request to establish an auto a
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restoration shop with auto repair and paint services with ancillary used auto sales and o
a caretaker quarters in an existing 6,255-square foot commercial building located at
108 North Waterman Avenue, in the Commercial General (CG-1) zone. M
as
Environmental Determination: Exempt from CEQA per 15301, Existing Facilities
Owner/Applicant: John Coute. g
APN: 0135-302-45
Ward 1
Recommended Motion: Approve Conditional Use Permit No. 13-09 based upon the o
Findings of Fact contained in the staff report and subject to the Conditions of a.
Approval.
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Commissioner Dailey made a comment that he would abstain from the minutes of February 19,
2014 due to him not being present for the meeting. a
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Commissioner Paxton made a motion to approve the consent agenda.
Commissioner Machen seconded the motion. .2
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The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Grochulski,
Barnhardt, Paxton, Dailey, Thomas. Nays: None. Abstain: None. Excused: Duff. Absent: Brown.
Page 2 of 8 03/19/2014
Packet Pg. 116
5.F.e
PUBLIC COMMENTS -ITEMS NOT ON AGENDA
No comments.
PUBLIC HEARINGS
3. DEVELOPMENT CODE AMENDMENT 14-10 AND CONDITIONAL USE
PERMIT 13-25 - A request to amend Development Code Chapter 19.08 (Industrial N
Districts) Section 19.08.020, Table 08.01, (15) Gasoline Service Stations, to permit o
ancillary commercial uses with a gasoline service station, Chapter 19.06 (Commercial a
Districts) Section 19.06.030 (T) (2), Gasoline Service Stations,to delete the minimum N
parcel size requirement and a Conditional Use Permit to modify previously approved
CUP 95-22 to legalize a 650-squarefoot addition to an existing 1,281-square foot 1�
snack shop. The project is located at 2696 Foothill Boulevard in the Commercial co
General (CG-1)zone.
v
Environmental Determination: Exempt from CEQA per 15301,Existing Facilities
CU
Owner/Applicant: Ali Yassin o
APNs: 0142-522-07
Wards: 6 (CUP 13-25) and All (DCA 14-10)
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Recommended Motion: Recommend to the Mayor and Common Council approval co
of Development Code Amendment No. 14-10 and Conditional Use Permit No. 13- M
Ic25, based upon the Findings of Fact contained in the staff report and subject to the N
Conditions of Approval.
Senior Planner Aron Liang, gave a brief presentation of the project.
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Doug Wilson, 12168 Observation Dr., thanked the Planning Department and City Council c
for all their help. He said they had no objections with the Conditions of Approval and are o
ready to move forward. a
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Commissioner Dailey directed a question the staff and asked why they decided to change the
minimum lot size to a square footage on the frontage of the properties. He also asked, if on E
the big picture of this change, should they be looking at making this change in other places as
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well. a
Tony Stewart, Acting Community Development Director said that the minimum lot size
was a condition meant only for gas stations. In the past, gas stations have been problematic
with there being too many of them, and there are some from the past that are non-conforming
including this existing one that is on a smaller lot size. In order to allow these stations to Q
modernize, the minimum lot size needed to be eliminated. There are still other sections and
regulations that will dictate good quality gas stations. For example, only two at any major
intersection because we don't want a gas station appearing mid-block to interfere with a
larger development. There are also developer requirements to keep in mind for these
stations. We conducted a survey of neighboring cities and most do not have minimum lot
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Page 3 of 8 03/19/2014
Packet Pg. 117
' sizes for gas stations. Additionally, we are moving from a Development Permit to a
Conditional Use Permit which is more restrictive because it allows the Planning Commission
more discretion with regard to the design and suitability of the gas station. This is why we felt
comfortable eliminating the minimum lot size for gas stations.
Henry Empeno, Jr., Senior Deputy City Attorney stated that he felt it was appropriate for
the Planning Commission to make this decision based on staff's recommendations.
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Chair Heasley stated that he felt that this would stream line the operation and was in favor.
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Commissioner Paxton made a motion to recommend to the Mayor and Common Council CU
approval of Development Code Amendment 14-10 and Conditional Use Permit 13-25 based
upon the Findings of Fact contained in the staff report and subject. N
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Commissioner Machen seconded the motion.
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The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Grochulski,
Barnhardt, Paxton, Dailey, Thomas. Nays: None. Abstain: None. Excused: Durr. Absent: Brown. °
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4. DEVELOPMENT CODE AMENDMENT/ZONIG MAP AMENDMENT NO. °.
14-11 - A request to amend Development Code Chapter 19.19A and the City's
Zoning Map to remove certain parcels located along W. Baseline Street and W. Stn
Street from the Transit District (TD) Overlay and to add certain parcels located along
the west side of"G" Street, south of Columbia Street to the TD Overlay.
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Environmental Determination: Exempt from CEQA- Section 15061(b)(3)
Applicant: City of San Bernardino N
APN: Various 0)
Wards: All o
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Recommended Motion: Recommend to the Mayor and Common Council approval M
of Development Code Amendment/Zoning Map Amendment No. 14-11, based upon
the Findings of Fact contained in the staff report. E
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Tony Stewart, Acting Community Development Director, gave a brief presentation of the
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proj ect. E
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Commissioner Heasley asked if this provided an economic benefit to Loma Linda Q
University by being included in this or is there a sociological benefit.
Tony Stewart,Acting Community Development Director said he thought there might be both.
Loma Linda is building because there will be an economic benefit for them,but it should also be
a great employment factor for them and the City as well. He commented on the fact that having
the facility visible in the Downtown area would be good for the City's status.
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Packet Pg. 118
Commissioner Dailey commented that the TOD Overlay provides a reduction in parking
standards, so they wouldn't be required to have as much parking which saves them money.
Chair Heasley thanked Commissioner Dailey for the clarification.
Commissioner Lopez asked if the connection from 5th street to SBX was taken into
consideration when submitting this amendment.
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Tony Stewart,Acting Community Development Director said that the Staff Report leaves
that issue open ended to that affect. v�
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Commissioner Lopez said that that connection serves as a main artery of traffic.
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Tony Stewart,Acting Community Development Director agreed. He said that right
against the freeway it makes sense since it comes right onto H St. As you move east and get v
closer to the transit center that is where it could become more of a walkability issue as .�
opposed to more of an auto use. CU
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Commissioner Lopez asked about the foot traffic versus auto traffic where the 5th Street
Bridge is and how this would affect it. She also asked if Omnitrans would still continue to v
provide services.
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Tony Stewart,Acting Community Development Director said that it wouldn't affect the
east/west so much. It would not affect the routes of the buses at all,but redevelopment of
those parcels that are further east and closer to the freeway.
Commissioner Lopez she was concerned about the access to certain stops and if there would
be enough access. She asked about the closing of the bridge at Mount Vernon over the
railroad.
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Tony Stewart, Acting Community Development Director/City Planner reiterated that this a
should not affect the bus route and that it would allow the redevelopment of those parcels and M
hopefully allow the economic development for the City. Since the SBX line is just outside City
Hall, the uses should not be changing due to this amendment. He's hoping in the future that staff E
will continue to bring these City initiated items, as opposed to developer initiated items, and keep
the TD Overlay intact as originally planned. a
Commissioner Dailey asked that with an existing gas station that wants to add on, would
those locations be considered legal non-conforming.
j Tony Stewart,Acting Community Development Director said that was correct. Q
p Commissioner Dailey asked that if they are legal non-conforming,before they did any
improvements, they would first have to come into compliance before they could make any
modifications.
Page 5 of 8 03/19/2014
Packet Pg. 119
5.F.e
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Tony Stewart,Acting Community Development Director/City Planner said yes. The problem
with a non-conforming use is that you cannot expand them. For instance, up on Baseline Street,
that site is looking to do a tear down and rebuild, and once you tear a structure down you lose
that non-conforming status. To then rebuild and put in additional auto related uses wouldn't be
allowed due to the current code.
Commissioner Dailey brought up 5`h Street at G Street and F Street. He asked why Planning
wouldn't go with a Variance versus the Amendment that was purposed. y
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Tony Stewart,Acting Community Development Director said that use variances were not M
in
allowed, that is why an amendment was used.
Commissioner Dailey commented on the TD overlay and how when it was adopted,there
were a couple stations not included,primarily those that would be used in a future project, M
which is in construction now and should be done in a few years. He stated that his concern a
was in the area of Orange Show Road and Waterman Avenue,which is a Light Industrial v
Zoned area, where there is a rail stop. There have been trucking uses proposed for this area
that are not necessarily complimentary to the spirit and intent of the TD Overlay. He asked
what, as a commission, can they do to ensure that future stops can be brought to them for 4
consideration.
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Tony Stewart,Acting Community Development Director advised that it could be agenized
for future meetings. He also advised that at some point, they would need to amend the o
general plan map, zone map, and development code to address those future overlay areas. He
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stated that staff was cognoscente of those three future areas and staff has been asked to
review them as they come in. c
Commissioner Dailey stated that the overlay provides staff with something to stand on if a c
project does come in. Currently if there is a project in an industrial area that is not in the
overlay, there is nothing to use to deny the project. He sees it as a protection of these projects M
and also a way to provide more growth. CD
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Tony Stewart, Acting Community Development Director/City Planner stated again that if in
the future, commission wanted to put on the agenda to discuss further, they could put the general
plan map,zone map, and development code on the agenda.
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Commissioner Dailey made a motion to recommend to Mayor and Common Council Q
approval of Development Code Amendment/Zoning Map Amendment 14-11, based on the
Findings of Fact contained in the staff report. E
Commissioner Paxton seconded the motion. Q
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The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Grochulski,
Barnhardt, Paxton, Dailey, Thomas. Nays: None. Abstain: None. Excused: Durr. Absent: Brown.
E
F NON-PUBLIC HEARING ITEMS
Page 6 of 8 03/19/2014
Packet Pg. 120
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None
PLANNING COMMISSION REPORTS/ANNOUNCEMENTS
Chair Heasley asked if the Transit Authority should notify the Planning Department of the Red
Project and come to the City with that proposal.
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Commissioner Dailey said that SANBAG has been working for the last several years with City °
Ca
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of San Bernardino, City of Redlands, and City of Loma Linda on look at these future stations and
co
funding the potential land use changes. SANBAG funded a 2 year effort,working with city staff, U)
to look at appropriate changes to land uses around the rail stations. SANBAG is also going to c�
fund a program level EIR so that the cities of San Bernardino and Redlands are able to tier off of
that program level EIR to make the changes, should this commission decide to do it. When M
looking at the TD Overlay, SANBAG intentionally took out certain rail stations because of the a
additional work that had to be done.
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Chair Heasley commented on the fact that there was a project approved in that area not that long
ago, and had they know, they could have taken those stations into consideration.
4
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Henry Empeno, Jr., Senior Deputy City Attorney brought to the attention of the U
commissioners that Commissioner Dailey is currently employed by SANBAG, and he felt it °.
would be a conflict of interest to have any further discussion on this topic. Since Cl)
Commissioner Dailey receives income from this project,he should not be taking part in this
discussion. He suggested that Commissioner Dailey recuse himself from this topic.
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Chair Heasley thanked him for the clarification.
Commissioner Paxton agreed with the discussion regarding the changes for the TD Overlay. N
Chair Heasley asked if they would need to formally vote on the matter of Commissioner Dailey. o
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Henry Empeno, Jr., Senior Deputy City Attorney stated that it could be something is co
placed on the next meeting agenda, or they could vote on the matter tonight.
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Commissioner Paxton made a motion to exclude Commissioner Dailey from further discussion
on the Development Code Amendment/Zoning Map Amendment in regards to the TD Overlay. Q
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Commissioner Machen seconded the motion.
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The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Grochulski,
Barnhardt,Paxton, Thomas. Nays: None. Abstain: Dailey. Excused: Durr. Absent: Brown. Q
DIRECTOR'S REPORT
Tony Stewart announced the starting of the new director Mark Persico on April 1, 2014.
Page 7 of 8 03/19/2014
Packet Pg. 121
ADJOURNMENT
Commissioner Dailey made a motion which was unanimously carried, to adjourn the Planning
Commission meeting at 6:45 p.m. The next regular meeting was scheduled for Wednesday,
April 16, 2014 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San
Bernardino, California.
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Minutes Adopted by Planning Commissioners:
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Date Approved:
Minutes Prepared by:
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Stephanie Sanchez
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Executive Assistant r
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Page 8 of 8 03/19/2014
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Mayor and Common council of the City of San Bernardino will hold a public hearing on
Monday,April 21,2014,at 4:00 p.m. or thereafter in the Council Chambers,City Hall,300 North"D"Street, San
Bernardino,California 92418,on the following item:
DEVELOPMENT CODE AMENDMENT 14-10 AND CONDITIONAL USE PERMIT 13-25-A request to amend
Development Code Chapter 19.08(Industrial Districts)Section 19.08.020,Table 08.01,(15)Gasoline Service Stations, N
to permit ancillary commercial uses with a gasoline service station, only at the intersections of major and secondary 0
arterials,subject to approval of a Conditional Use Permit,Chapter 19.06(Commercial Districts)Section 19.06.030(T)
(2),Gasoline Service Stations,to delete the minimum parcel size requirement and a Conditional Use Permit to modify in
previously approved CUP 95-22 to legalize a 650-squarefoot addition to an existing 1,281-square foot snack shop.The
project is located at 2696 Foothill Boulevard in the Commercial General(CG-1)land use district.
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Environmental Determination: Exempt from CEQA—Section 15332 Infill Development N
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Owner/Applicant: Ali Yasin a
APN: 0142-522-07
Ward: 6 V
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The City of San Bernardino welcomes your participation in evaluating these items.The Mayor and Common Council will v
review the proposal and will consider the proposed environmental determination in making a decision.The public is Q
welcome to speak at the public hearing or to submit written comments prior to the hearing.For more information,please o
contact the Community Development Department at City Hall,or by phone at(909)384-5057.
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If you challenge the resultant action of the Mayor and Common Council in court,you may be limited to raising only those r°v>
issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to
the City Planning Division at,or prior to,the public hearing. 2
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Submitted: April 7,2014
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Publish: April 10,2014(Legal Ad)
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Please send first proof for verification or changes by a-mail to Stephanie Sanchez: Sanchez stephanieAsbcity.org. U
Please reference"PC Display Ad"on the billing and send to the City of San Bernardino,Planning Division,300 North
"D"Street,San Bernardino,CA 92418
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