Loading...
HomeMy WebLinkAbout06.C- Community Development 6.0 DOC ID: 1310 E CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 10/17/2011 Prepared by: Aron Liang, (909) 384-5057 Dept: Community Development Ward(s): 1 Subject: Appeal of Planning Commission Approval of Condition Use Permit No. 11-11 to Construct a 1,028 Sq.Ft. Drive-Thru Car Wash at an Existing Automobile Service Station with an Ancillary Convenience Store Located at 495 South Waterman Avenue in the Cg-1, Commercial General Land Use District Financial Impact: None Recommended Motion: That the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 11-11,with modifications to Conditions of Approval. Synopsis of Previous Council Action: None Background: • On August 24, 2011, the Planning Commission approved CUP No. 11-11 to construct a 1,028 sq.ft. car wash at an existing automobile service station with an ancillary convenience store located at 495 South Waterman Avenue in the CG-1, Commercial General land use district. (Attachment 1). • On September 71 2011, the appellant filed Appeal No. 11-06 to request that the Mayor and Common Council review the Planning Commission's approval of CUP No. 11-11 (Attachment 2). Appeal: The appeal application does not request reversal of the Planning Commission approval of CUP No. 11-11. The appellant seeks a review by the Mayor and Common Council to request that the conditions of approval be revised to address traffic, parking and circulation, as well as aesthetic compatibility with surrounding development and to insure that existing landscaping is upgraded and maintained. The appeal states that the Findings of Fact for the CUP do not reflect the significant impact the proposed project will have on public safety, and that the conditions of approval are not adequate to address traffic, parking and circulation. However, no specific evidence has been submitted to support that the proposed ancillary car wash facility would have Updated: 10/12/2011 by Stephanie Easland E Packet Pg. 179] 1310 impacts on the surrounding area. Attachment 2 is the appeal application. The project site contains an existing Arco AM/PM gas station and is surrounded by commercial uses to the south, west and north, and vacant industrial properties to the east. The proposed car wash facility will be ancillary to the existing gas station, and as an ancillary use, the proposed project is not expected to adversely impact adjacent businesses or the CG-1 land use district. Attachment 3 is the Planning Commission Statement of Action and staff report dated August 24, 2011. The Planning Commission voted unanimously to approve CUP No. 11-11, with aii nine Commissioners present. The following site design analysis illustrates compatibility of the project with the surrounding area: Traffic/Circulation The City Traffic Engineer determined that the two driveways on Waterman Avenue and Mill Street provide adequate ingress/egress to accommodate the proposed project and that the subject project will not cause any significant traffic impact to the intersection of Waterman Avenue and Mill Street. As an ancillary use, the proposed project will not generate additional vehicle trips, pursuant to the Institute of Transportation Engineers, Traffic Trip Generation Manual 8th Edition. The intersection of Waterman Avenue and Mill Street is currently operating at an acceptable Level of Service C in the AM peak hour and Level of Service D in the PM peak hour. The subject intersection can accommodate the proposed project. Parking The proposed car wash facility will not generate additional vehicle trips for the subject site. The development code requires one space for each pump island and one space for each 250 sq.ft. of gross floor area for the project. The proposed project as ancillary to an existing gas station requires 18 stalls and the project site provides 18 stalls. The project site provides adequate parking complying with Development Code Section 19.24.040, Number of Parking Spaces Required. Landscaping The project site plan shows that the proposed project will provide adequate on-site landscaping of 15% (4,579 sq.ft.) to comply with Development Code Chapter 19.28, Landscaping Standards. Furthermore, Condition of Approval No. 22 in Attachment 3 states: "A project landscape plan is required and shall be approved prior to building permit final of the car wash facility."The subject condition will require that the project applicant submit a landscape plan for plan check review and that plan check review process will ensure that the project landscape plan will comply with code requirements for landscaping, pursuant to Development Code Chapter 19.28, Landscaping Standards, including upgrading existing landscaping and installing irrigation for long term maintenance, prior to building permit final. However, upon further review, staff proposes a modification to Condition of Approval No. 22 to clarify and address the appellant's concerns on landscaping: "Condition of Approval No. 22 -A project landscape plan is required and shall be approved Updated: 10/12/2011 by Stephanie Easland E Packet PgA 80 1310 prior to building permit final of the car wash facility. The protect landscape plan shall include 31 trees (24" box of various species including Carrot Wood Tree Floss Silk Tree, Sweet Gum Chinese Flame Tree) a varieb� of shrubs vines and jzround cover to enhance the visual character of the site and to provide screening around the car wash structure and drive aisle and shall comply with enhanced corner treatment standards pursuant to Development Code Section 19.28.060. " An additional condition to be added: "The property shall be maintained in accordance with all conditions of approval and Municipal Code Chapter 19 24 Property Maintenance Requirements or the Conditional Use Permit may be subject to revocation pursuant to Development Code Section 19.36100." CONCLUSION CUP No. 11-11 conforms to code requirements to construct a 1,028 sq.ft car wash at an existing automobile service station with an ancillary convenience store located at 495 South Waterman Avenue. RECOMMENDATION That the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 11-11,with modifications to Conditions of Approval. ATTACHMENTS: 1. Location Map 2. Appeal Application received on September 7, 2011 3. Planning Commission Statement of Action and Staff Report 4. Planning Commission Minutes August 24, 2011 Supporting Documents: Attachment 1 - aerial map (DOC) Attachment 1 -location map (DOC) Attachment 2 (PDF) Attachment 3 (PDF) PC Minutes 8.24.11 (PDF) Attachment 4 Proposed Changed Conditions for CUP 11-11 (PDF) Updated: 10/12/2011 by Stephanie Easland E Packet Pg. 181 i 6.C.a ATTACHMENT 1 r F SAN BERNARDINO -.AD ING DIVISION CT: APPEAL NO. 11-06 ION MAP NORTH NG DATE: 10/17/2011 0 r r 0 z a r r r _ r + o z 0 v a Q 0 r M r Q z PROJECT SITE E �L Q� , r C _ v Y t° a s ca r Packet Pg. 182 6.C.b ATTACHMENT 1 CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: APPEAL NO. 11-06 LOCATION MAP NORTH HEARING DATE: 10/17/2011 to O «- �� 0 •� 1 Q .y r Q ' rt'r I'(. MA I ♦ c BERRY Z a. IL J O R M1� Q i w 0 T w PROJECT SITE ' r_ o ....ILL ST ' E IC aY.+ C U IL H u 78 i _, ii Packet Pg. 183 ATTACHMENT 2 APPLICATION FOR APPEAL APPEAL OF A DECISION FROM THE (CHECK ONE): 0 • COMMUNITY DEVELOPMENT DIRECTOR 7 • DEVELOPMENT/ ENVIRONMENTAL REVIEW COMMITTEE z ® PLANNING COMMISSION a� a Q. Q PROJECT CASE NUMBER(S): Conditional Use Permit 11-11 PROJECT ADDRESS/ LOCATION: 495 S. Waterman Avenue, San Bernardino,CA 0 z NAME OF APPELLANT: Vanir Development Company,Inc. a M ADDRESS OF APPELLANT: 290"D" Street, San Bernardino,CA 92401 v 0 TELEPHONE OF APPELLANT: 902-884-9477 a CL a NAME OF REPRESENTATIVE: Patricia Green 0 ADDRESS OF REPRESENTATIVE: 290 D Street. Ste. 900�San Bernardino. CA 92401 TELEPHONE OF REPRESENTATIVE: 909-884-9477 N a� E PURSUANT TO DEVELOPMENT CODE SECTION 19.52.100, AN APPEAL MUST BE FILED WITHIN w 15 DAYS FOLLOWING THE DATE OF THE ACTION FOR WHICH AN APPEAL IS FILED. APPEALS a MUST BE FILED ON A CITY APPLICATION FORM AND ACCOMPANIED BY THE APPROPRIATE c FILING FEE. E APPEALS ARE NORMALLY SCHEDULED FOR A DETERMINATION BY THE PLANNING COMMISSION OR THE MAYOR & COMMON COUNCIL WITHIN 30 DAYS OF THE FILING DATE a OF THE APPEAL. YOU WILL BE NOTIFIED, IN WRITING, OF THE SPECIFIC DATE AND TIME OF THE APPEAL HEARING. OF RCE USE OvLY DATE FILED: RECEIPT ISSUED BY: RECEIPT NUMBER: RECEIPT AMOUNT: $ it/to 1 Packet Pg. 184 REQUIRED INFORMATION FOR APPEAL SPECIFIC ACTION BEING APPEALED AND THE DATE OF ACTION: Conditional Use Permit No. 11-11 August 24,2011 0 SPECIFIC GROUNDS FOR THE APPEAL: o The Finding of Facts (Items 1-7) do not reflect the significant impact this project will—� have on public safety and does not meet the design policy as set forth in the General Q a Plan. The Conditions of Approval are not adequate to address traffic,parking and r_ circulation. Nor are the Conditions of Approval specific to insure existing landscaping is upgraded and maintained and that the aesthetics of the project are compatible with z the surrounding developments. U ACTION SOUGHT: o Subject to Council's approval and further 12uhlic review, revisc the Condition a Approval to minimize the impact this project,will have on traffic narking and a circulation, as well as aesthetic compatibility with surrounding development and ° insure upgraded landscaping and long term maintenance. N G d E t U R Q ADDITIONAL INFORMATION: c E a r w Q SIGNATURE DATE 2 Packet Pg. 185 6.C.d CITY OF SAN BERNARDINO ATTACHMENT 3 STATEMENT OF PLANNING COMMISSION ACTION PROJECT Number: Conditional Use Permit No. 1141 Owner/Applicant: Ed Haddad Description: A request to construct a 1,028 sq. & drive-thru car wash at an existing automobile service station with an ancillary convenience store located at the northeast corner of Waterman Avenue and Mill Street in the CG-1, ° r Commercial General land use district. 0 Z ACTION: APPROVED Meeting Date: August 24,2011 a r r The Planning Commission approved Conditional Use Permit No. 1141 based on the findings of r fact contained in the Staff Report and conditions of approval (Attachment C). Z a VOTE w Ayes: Coute,Durr,Eble,Heasley,Jimenez,Lopez,Machen,Mulvihill and Rawls 0 Nays: None a Abstain: None a Absent: None 0 r M The decision of the Planning Commission is final unless a written appeal is filed, with the appropriate fee, within 15 days of the Planning Commission action, pursuant to Section Cn 19.52.100 of the Municipal(Development)Code. 1 hereby certify that this Statement of Official Action accurately reflects the action of the w Planning Commission of the City of San Bernardino. Q 0 E U w � •as1� a Nf Margo Whee er,AICP Date Community Development Director cc: Case File,Department File,Plan Check Packet Pg. 186 6.C.d J ATTACHMENT C CONDITIONAL USE PERMIT NO. 11-11 CONDITIONS OF APPROVAL 1. All development shall be in substantial conformance to submitted plans date stamped July 11, 2011. 2. Within two years of conditional use permit approval, commencement of construction shall o have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the ° Z approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Q Approval. Expiration Date: August 24, 2013 0 Z 3. The review authority may grant a one-time extension, for good cause, not to exceed 12 months. The applicant must file an application, processing fees, and all required submittal items, 30 days prior to the expiration date. The review authority shall ensure that the project ° complies with all Development Code provisions in effect at the time of the requested a extension. a Q 4. In the event this approval is legally challenged, the City will promptly notify the applicant of M any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino(EDA), any departments,agencies, divisions,boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, a representatives and attorneys of either the City or EDA from any claim, action or proceeding Q against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' fees which the City may be required by a court to pay as a E result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. r r The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked,whether or not at the request of applicant. S. Modification to the plan(s) shall be subject to the applicable provisions of the Development Code Chapter 19.60, Minor Modifications. 6. This permit shall be subject to all the applicable provisions of the Development Code in Chapter 19.20, Property Development Standards. Packet Pg. 187 6.C.d CUP No. 11-11 Meeting Date:August 24, 1011 Page 2 of 3 7. The property owner(s)and tenants shall comply with the requirements of other agencies (e.g. California Board of Equalization, San Bernardino County Department of Environmental Health,San Bernardino County Fire Department etc.). 8. The project shall comply with all applicable requirements of the Public Works/Engineering Division, Building/Plan Check Division, Fire Department, Police Department, Municipal Water Department,Public Services Department, and City Clerk's Office. 9. Signs are not approved as a part of this permit. Prior to establishing any new signs, the applicant shall submit an application and receive approval of a sign permit from the Planning Division. 0 Z 10. Banners and other signs for special events (i.e., grand openings) shall require a Temporary Sign Permit to be approved prior to installation. Signs/banners shall not encroach into public Q right-of-way. 11.Any security gatesibars, doors, and window bars shall be installed only on the inside of the structure. Video surveillance equipment installed on building exteriors shall be painted to Z match the structure,or treated to blend with the architecture of the development. a U 12. Public pay telephones provided on-site, if any,shall not be set up for incoming calls. o a� 13. The property owner(s) shall be responsible for regular maintenance of the site. Vandalism, C graffiti, trash, and debris shall be removed within 24 hours. The management shall take a photograph of any graffiti and provide it to the Police Department prior to removing the ° graffiti. M 14. Outdoor product displays and/or storage shall be prohibited. c a� E 15. The drive-thru aisle shall have a minimum 12 foot width on curves and a minimum 11 foot width on straight sections. a 16. Construction-related activities shall not occur between the hours of 8:00 p.m. and 7:00 a.m. No construction vehicles, equipment, or employees shall be delivered to, or arrive at the E construction site before 7:00 a.m. or leave the site after 8:00 p.m. Construction activities shall only occur Monday through Saturday. a 17. Plan check submittal for permit applications to the Building/Plan Check Division and the Public Works/Engineering Division shall include all Conditions of Approval (Attachment C) issued with the Planning approval to be printed on the plan sheets. 18. All Conditions of Approval shall be completed prior to final inspection. No final sign-off or Certificate of Occupancy shall be issued until all conditions of approval have been completed. 19. A Non-Categorical Water Quality Management Plan(WQMP) is required for this project and shall be approved prior to issuance of any construction permit. Packet Pg. 188 11�� - 6.C.d r CUP No. 11-11 Meeting Date:August 24,2011 Page 3 of 3 20. The on-site asphalt parking area shall be repaired due to excessive potholes and cracking prior to building permit final of the car wash facility. 21.The catch basin located at south east parking area shall be cleaned out and a water quality filter fitted inside the catch basin prior to building permit final of the car wash facility. 22. A project landscape plan is required and shall be approved prior to building permit final of the car wash facility. 23. An easement and covenant shall be executed on behalf of the City to allow the City to enter o and maintain any required landscaping in case of owner neglect. The Real Property Section of Public Works will prepare documents for execution by the property owner. z° 24. (*) A door shall be added to the car wash structure to secure it after hours of the car wash Q. operation. Q T T (*)Added by the Planning Commission on August 24, 2011. 0 z a. End ofAttachment C U w 0 R m CL CL Q 0 T M T M C d E L V t6 Q .i+ C E t V t4 w Q Packet Pg. 189 PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Conditional Use Permit No. 11-I l AGENDA ITEM: 5 HEARING DATE: August 24, 2011 WARD: I 0 OWNER/APPLICANT: REPRESENTATIVE: ACAA Limited Partnership Alex Cuevas, AGC Design Concept z° C/0: Ed Haddad 305 N. Glenoaks Blvd. Suite 307 495 S. Waterman Avenue Burbank, CA 91502 CL San Bernardino,CA 92408 a T r r z REQUEST & LOCATION: n. U A request to construct a 1,028 sq. ft. drive-thru car wash at an existing automobile service station c with an ancillary convenience store located at the northeast corner of Waterman Avenue and Mill i Street in the CG-1,Commercial General land use district. a a a Assessor Parcel Number: 0136-391-27 e T M CONSTRAINTS& OVERLAYS: r c m None E ca ENVIRONMENTAL FINDINGS: a • Not Applicable • Exempt from CEQA, Sect7ion 15301 — Existing Facilities _ • No Significant Effects a • Negative Declaration Q ❑ Potential Effects, Jitigation -leasures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: 21 .-approval * Conditions ❑ Denial ❑ Continuance to: Packet Pg. 190 6.C.d CUP NO. I1-ll dleetht g Dwe:.4tgust:4.201 Purge 2 PROJECT DESCRIPTION The project site is located at the northeast comer of Waterman Avenue and Mill Street at 495 S. Waterman Avenue (Attachment A). The applicant requests approval of a Conditional Use Permit under authority of Development Code §19.06.020 to construct a 1,028 sq.ft. self-service car wash racility. The project site is approximately 30,531 sq.11. in area. The project includes additional landscaping along the northerly and easterly property boundaries. The design of the proposed car wash facility will be compatible in design, materials and color with the existing commercial structure on-site(Attachment B). _ co Two existing; driveways provide access to the project site; one on Waterman Avenue and the o other on Mill Street. The self-service hours of the car wash operation are proposed to be from c 6:00 am to 9:00 pm, seven days per week. z d SETTING& SITE CHARACTERISTICS a The project site consists of one parcel and is occupied by an existing Arco AM/PM gas station. The subject property is surrounded by commercial and industrial properties. 6 z LOCATION LAND USE GENERAL PLAN 0. Site Gas Station CG-1,Commercial General c) North Multi-tenant commercial building CG-1, Commercial General c South Commercial building CG-1,Commercial General East Vacant lot IL, Industrial Light C West Multi-tenant commercial building CG-1,Commercial General 0 BACKGROUND M • November 11, 1971 - a certificate of occupancy issued for a gas station. • November 15, 1971 - a business registration was issued to Petroleum Products. E • January 22, 1985 — the Planning Commission approved Conditional Use Permit No. 84- 76 to expand an existing gas station to add a 2,530 sq.ft. mini-market. Q • December 10, 1985 — a business registration for change of ownership was issued to Prestige Station Inc. • July 5, 1990—a certificate of occupancy was issued for a gas station with a mini-market. • January 20, 2000 — a business registration for change of ownership was issued to "Tung w Petroleum Inc. a • January 13. 2011 — a business registration is in process for change of ownership to Crossroads Petroleum Inc. • July 11, 2011 —Conditional Use Permit No. 11-11 was submitted. • :august 4, 2011 - the Development &t Environmental Review Committee (IXERC) reviewed the project plans and moved the item to the Planning Commission tier consideration. Packet Pg. 191 CUP No. I I-I/ Alrethkg,Dare:August 4,20/1 Prrke 3 CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) The proposed project is exempt from the California Environmental Quality Act (CEQA) requirements pursuant to Section 15301 of the State Guidelines, which exempts minor alternations to existing; facilities. PROJECT ANALYSIS The applicant proposes to add a car wash facility to an existing gas station. The proposed car wash will be ancillary to the primary use as a gas station. The proposed use is permitted subject c to approval of a Conditional Use Permit in the Commercial General land use district. The r proposed project is intended to enhance the site and make the existing gas station more c competitive. The architectural design of the car wash facility complies with the commercial z architecture design guidelines in Chapter G19.06 of the Development Code. The exterior design a is a contemporary architectural style, and all building elevations will be articulated with stucco �- a and comice trim. The project site provides adequate parking and on-site circulation. r Additionally, the applicant proposes to install approximately 3,606 sq.R. of new landscaping T along the northerly and easterly property boundaries as well as upgrading and maintaining existing on-site landscaping in the front and side yard setbacks to enhance the project site. z a The proposed project complies with Development Code §19.06.030(2)(T) for service stations, v including the car wash as an ancillary use. The design of the proposed car wash addition c complies with all of the applicable provisions of the Development Code as shown in Table A. a a a TABLE `A.' DEVELOPMENT CODE & GENERAL PLAN CONSISTENCY CATEGORY PROPOSAL DEVELOPMENT GENERALPLAN CODE Permitted Use Service Station with Permitted subject to Consistent E Car Wash C.U.P. 0 n/a a Height 14 fl./ 1 story 30 ft./2 stories c m Setbacks E - front 83' It)'0" n/a w - Side 8' - 15' min. 0' i Q - Street side 13' 18' 10'0' - 1Zcar 14' 0' i � J Landscaping j 26"4,(8,185 sq.ft.) 15"%, min. (-1.579 sq.ft.) n:a Lot Coverage 1811/4) 50 1%, maximum n;a Parking 17 total 17 total n/a i I handicap 1 handicap I t I f i Packet Pg. 192 . 6.C.d s CUP No. ll-Ii .fleeting Date:.t i gust 24.2011 Page 4 FINDINGS OF FACT 1. The proposed use is conditionally permitted within, and'►vould not impair the integrity and character of the subject land use district and complies with all of the applicable provisions(j'the Development Code. The proposed car wash is conditionally permitted in the CG-1 land use district according to Table 06.01 of the Development Code, and would be ancillary to the existing; gas station. The proposed project would be compatible with other existing commercial uses along Waterman Avenue and Mill Street. The proposed car wash addition is intended to c improve the function of the existing gas station. The proposed car wash and additional landscaping will improve the appearance of the project site, thereby enhancing the c character of the subject land use district. z as 2. The proposed use is consistent tivith the General Plan. a The proposal is consistent with several General Plan goals and policies. The Land Use r Element(Table LU-2) lists the intended uses for the CG-1 land use district, and permits a variety of retail, service, and related uses. The proposed project will provide a convenient z commercial service. Land Use Policy 2.2.1 requires compatibility between land uses and quality design. Community Design Policy 5.7.3 requires architectural interest and variety L) through varied rootlines and detailed fagade treatments. The proposed additional services c and the design features of the project will implement these General Plan policies. CL CL 3. Approval of a Conditional Use Permit for the proposed use is in compliance with the a requirements of the California Environmental Quality Act (CEQA) and Section ° 19.20.030(6)gjthe Development Code. M The project is exempt from environmental review under CEQA $15301 as a minor alteration to an existing facility, and complies with the requirements of Development E Code §19.20.030(6). The submitted plans propose additional improvements to an existing 0 commercial property. No potentially significant effects on the environment are a anticipated. w m 4. !here will he no potential1v significant negative impacts upon environmental quality and E natural resources that could not he properly mitisgated and monitored. w Q i lie proposed project will not have any significant negative impacts upon environmental duality or natural resources. The project site is an existing gas station surrounded by urban development. The site has no value as habitat, and contains no other natural resources. �. The location. si_e, design, and operating characteristics of the proposed use are compatible ivith the e.visting and Jitatre land uses within the general area in it-hich the proposed use is to he located and ►vill not create signilicant noise, t•aljic or other c unditions or situations that muv he objectionable or det•inte ntal to other pernuttetl uses in the vicinity or adverse to the public interest. health, .yalety, convenience. Or weltare of the City. Packet Pg, 193 CUP No. 11-I l ;t leering Date:Magi st 24,201 l Pu,4�e J The location, size, design and operating characteristics of the proposed car wash facility are compatible with surrounding; commercial and industrial land uses in the vicinity, and with the existing gas station on the project site. The proposed self-service car wash will enhance the site and not adversely impact adjacent businesses or the CG-1 land use district. Development of the car wash facility, subject to the Conditions of Approval, will not create significant additional traffic, noise, light, or other impacts that may have a detrimental effect on other uses or the public health, safety,or welfare of the City. (. The subject site is physically suitable fur the type and density/intensity oJ' use being _ proposed. co 0 V- The proposed car wash addition will complement the existing gas station and will comply c with the development standards pertaining to setbacks, lot coverage, parking, access, Z height, etc. Therefore, the subject site is physically suitable for the proposed a density/intensity of use. s- a 7. There are adequate provisions far public access, water, sanitation, and public utilities and services to ensure that the proposerl use would not be detrimental to public health and sgplt '. Z a. The site is an existing gas station, already served by a full range of public services and v utilities. Development of ancillary improvements, as proposed, will not be detrimental to c public services or public health and safety. d a a CONCLUSION a 0 r The proposal is consistent with the General Plan and Development Code, and satisfies all findings of fact as required for approval of Conditional Use Permit No. 11-11. r� c RECOMNIENDATION E Staff recommends that the Planning Commission approve Conditional Use Permit No. 1 l-I l Q based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval(Attachment C). m E fZespeeatullY,StEbmitted, R Aron Uang Y Senior Planner \pproved for Distribution.,/ -r=-- �',M. Margo Wlieeler, MCP Community Development Director Packet Pg. 194 s.c.a CUP No. I/-I/ .Meeting Dufe::tirwesr 34,_011 Page h Attachment A— Location Map Attachment B—Site Plan, Floor Plan, Elevations :Attachment C—Conditions of Approval 0 0 z d CL CL a T T T 6 z a U w O 7i 0 O. CL Q 0 T M T M Y C d E L V R Y Y Q Y E V Y Y Q Packet Pg. 195 ATTACHMENT A CITY OF SAN BERNARDINO -a PLANNING DIVISION PROJECT: CUP 11-11 LOCATION MAP NORTH HEARING DATE: 8/24/2011 z , . ul Q T � T Z o w ILJ D � O 1 w � uj� Q A' . - t PROJECT SITE _ M 1 w MILL ST w w E • ' U y 3 fC ' a IL �2d A Packet Pg. 196 CITY OF • DIVISION PLANNING PROJECT: LOCATION MAP � . ' HEARING DATE: 1 lit rT 1 f r © f Jr _L__..�-, ��.. � � ___' � r- r'-��.: ,,...a y„►+n.0a�,,,n�, ,nom;�-.��r! __ � r -�-"'—�"R! .r..: aiy,-yr .- _- - �; '•r°`i•°I"e�'a'r"r1Y a#`';•...ruarfASVrs, � ...rn.�+lR T?77 ` v J ' ff, I �■■� �w�r �■�t ol .Lid � ����' ... •�� ` �,� �, _ `. >i NVId 3115 WISIX3 EXHIBIT B toe>■».r.nn _ — •_ l5 1'''A GhY �••Y.`�:ANJp+ .n�w■a.•■s..o.ro.sa -- _ .111�I�Vj Wd�Y1M ��� JNI'1d33N09 NOIS34�D �'I�''7 t7 L 1 1 ■ f - e.diws ww ,.l�V1�IIt] G�S�:� �yf� ,e� \i �• �3a��� � U f I ,� _ I• � � T I . �� � �__ �-� iii_ '� ! +M M k3 d 'I rI111 w �_ .LIB QQQJ1� I I YID • I N , i 4 illY l 4-1I -,I - I T j: z 0. CL q CL FT- ! !'fir - ------- --1--=y- -•---,-�---/�+ � I J Packet Pg. 198 ' � ! ! ! � ,Nl'idll 7, -- - fT7 r CL Lo vL CL CL ET gill m Packet Pg- 1-99 • SNOLLYA313 210100 NO111OOV HSVMavO _ uIl1OV3 WdWV 008V ONI1SIX3 • o • i T ' T z ; Z 1i 9 T T Z IL D r 0 i q o o. a a: M T Of Q tw1: M C d � t V Q • l E et H iyJ Q J Packet Pg. 200 ATTACHMENT C CONDITIONAL USE PERMIT NO. 11-1I CONDITIONS OF APPROVAL e 1. All development shall be in substantial conformance to submitted plans date stamped July 1 1, 201 1. 2. Within two years of conditional use permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after o commencement of construction, work is discontinued for a period of one year, then the approval shall become null and void. However, approval of the Conditional Use Permit does o not authorize commencement of construction. All necessary permits must be obtained prior Z to commencement of specified construction activities included in the Conditions of Approval. C T Expiration Date: August 24, 2013 3. The review authority may grant a one-time extension, for good cause, not to exceed 12 Z months. The applicant must file an application, processing fees, and all required submittal IL items, 30 days prior to the expiration date. The review authority shall ensure that the project U complies with all Development Code provisions in effect at the time of the requested o extension. d CL CL 4. In the event this approval is legally challenged, the City will promptly notify the applicant of a any claim, action or proceeding and will cooperate fully in the defense of this matter. Once ° notified, the applicant agrees to defend, indemnity and hold harmless the City of San Bernardino(City), the Economic Development Agency of the City of San Bernardino(EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well d as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, E representatives and attorneys of either the City or EDA from any claim, action or proceeding 0 against any of the foregoing persons or entities. The applicant further agrees to reimburse the a City for any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation aa) under this condition. E file costs, salaries, and expenses of the City Attorney and employees of his office shall be Q eunsidered as "attorneys tees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Conditional Use Permit is 1•escinded or revoked, whether or not at the request of applicant. 5. Modification to the plants} shall be subject to the applicable provisions of the Development Code Chapter 19.60, Minor Modifications. ii. This permit shall be subject to all tite applicable provisions of the Development Code in Chapter 19.20, Property Development Standards. Packet Pg.201 ti.C.d CUP No. //-I/ :lleeth{q Dwe:Alf irusl 24.2011 7. The property owner(s)and tenants shall comply with the requirements of other agencies(e.g. California Board of Equalization, San Bernardino County Department of Environmental Health, San Bernardino County Fire Department etc.). 8. The project shall comply with all applicable requirements of the Public Works/Engineering Division, Building/Plan Check Division, Fire Department, Police Department, Municipal Water Department, Public Services Department, and City Clerk's Office. 9. Signs are not approved as a part of this permit. Prior to establishing any new signs, the applicant shall submit an application and receive approval of a sign permit from the Planning c Division. 1 T 0 10. Banners and other signs for special events (i.e., grand openings) shall require a Temporary Z Sign Permit to be approved prior to installation. Signs/banners shall not encroach into public a right-of-way. a a 11. Any security gates/bars, doors, and window bars shall be installed only on the inside of the r structure. Video surveillance equipment installed on building exteriors shall be painted to match the structure,or treated to blend with the architecture of the development. z° 0. 12. Public pay telephones provided on-site, if any, shall not be set up for incoming calls. v 0 13. The property owner(s) shall be responsible for regular maintenance of the site. Vandalism, C) trash, and debris shall be removed within 24 hours. The management shall take a a photograph of any graffiti and provide it to the Police Department prior to removing the a graffiti. o M r 14. Outdoor product displays and/or storage shall be prohibited. w I5. The drive-thru aisle shall have a minimum 12 foot width on curves and a minimum l I foot E width on straight sections. E 16. Construction-related activities shall not occur between the hours of 8:00 p.m. and 7:00 a.m. a No construction vehicles, equipment, or employees shall be delivered to, or arrive at the a� construction site before 7:00 a.m. or leave the site after 8:00 p.m. Construction activities shall E only Occur Monday through Saturday. v �a w r 17. flan check submittal tier permit applications to the Buildingillian Check Division and the a Public WorksiEngineering Division shall include all Conditions of Approval (Attachment CI issued with the Planning approval to be printed on the plan sheets. IS. All Conditions of Approval shall be completed prior to final inspection. No final sign-off or Certificate of Occupancy shall be issued until all conditions of approval have been completed. 19. A Von-Categorical Water Quaiity Management Plan (WQ,bIP) is required for this project and shall be approved prior to issuance of'any construction permit. Packet Pg.202 _._.. CUPiVO. 11-l1 Meeting Date:.4ugust 4,2011 M<geJol3 20. The an-site asphalt parking area shall be repaired due to excessive potholes and cracking prior to building permit final of the car wash facility. 21. The catch basin located at south east parking area shall be cleaned out and a water quality filter fitted inside the catch basin prior to building permit final of the car wash facility. 22. A project landscape plan is required and shall be approved prior to building permit final of the car wash facility. 23. An easement and covenant shall be executed on behalf of the City to allow the City to enter " and maintain any required landscaping in case of owner neglect. The Real Property Section ° of Public Works will prepare documents for execution by the property owner. r 0 z m CL a End oJ'Attuchment C Q T r r O z I. U w O R O M Q O r M r Cl) w G d E L V cC y.. Q G E t V R w Q Packet Pg:203 John Coute,Chair >' Jim Larry Mulvihill Vice Chair CITY OF SAN BERNARDINO Jim Mulvihill Lance Durr COMMUNITY DEVELOPMENT DEPARTMENT Andrew Mach en Amelia S.Lopez 300 North "D"Street, San Bernardino, California 92418 James Eble Phone:(909)384-505715071 • Fax:(909)384-5080 George Rawls Dan C.Jimenez PLANNING COMMISSION MINUTES REGULAR MEETING AUGUST 24,2011 ° T 0 CONDITIONAL USE PERMIT NO. 11-12 &VARIANCE NO. 11-02 Z �a m CONDITIONAL USE PERMIT NO. 11-11 C T DEVELOPMENT CODE AMENDMENT NO. 11-09 T r 0 Z a U 0 R a> 0. a Q 0 T M r r r N 00 N C U a c a� E w Q Pagel of 5 08/24/2011 Packet Pg.204 Chair Coute called the meeting to order at 6:00 p.m. Commissioner Heasley led the flag salute. Present: Commissioners Coute, Durr, Eble, Heasley, Jimenez, Lopez, Machen, Mulvihill and Rawls. Absent: None. Staff present: M. Margo Wheeler, Community Development Director; Henry Empeno, Jr., Senior Deputy City Attorney; Terri Rahhal, City Planner; Mario Suarez, Contract Principal Planner, Aron Liang, Senior Planner and Melissa Thurman, Executive Assistant. 0 ADMINISTRATION OF OATH 0 Z Aron Liang administered the Oath. d a a CONSENT AGENDA: a T r Terri Rahhal, City Planner, recommended the meeting minutes of January 26, 2011, February 23,2011, July 27, 2011 and Item l for action by consent. 6 Z a 4. CONDITIONAL USE PERMIT NO. 11-12 & VARIANCE NO. 11-02— A request to v construct a 4,684 sq. ft. multi-tenant commercial building with an electric vehicle c charging station and an ancillary convenience store, located at the northeast comer of Waterman Avenue and Hospitality Lane in the CR-3, Commercial Regional Tri- a City/Club land use district. A variance is requested to reduce the rear setback from 10 ft. Q to 0 ft., to reduce the side street setback from 10 ft. to 9 ft., and to allow encroachment of o parking in a portion of the front setback area. Environmental Recommendation: Exempt from CEQA, Section 15332—Infill Development Owner: The Evelyn P. Brier Family Trust d Applicant: Screenland Development Group LLC n APNs: 0281-061-13, 14, 15 Ward: 3 a u The Planning Commission continued Conditional Use Permit No. 11-12 and Variance No. a� 11-02 to September 28,2011. Commissioner Mulvihill made a motion to approve the consent agenda. Commissioner Q Heasley seconded the motion. The motion carried by the following vote: Ayes: Coute, Durr, Eble, Heasley, Jimenez, Machen, Mulvihill and Rawls. Nays: None. Abstain: None. Absent: Lopez. Commissioner Lopez arrived to the meeting at 6:18 p.m. Page 2 of 5 08/24/2011 Packet Pg.205' PUBLIC HEARINGS 5. CONDITIONAL USE PERMIT NO. 11-11 — A request to construct a 1,028 sq. ft. drive-thru car wash at an existing automobile service station with an ancillary convenience store located at the northeast corner of Waterman Avenue and Mill Street in the CG-1,Commercial General land use district. Environmental Recommendation: Exempt from CEQA—Section 15301 —Existing Facilities Owner/Applicant: Ed Haddad ° T APN: 0136-391-27 0 Ward: 1 z m Aron Liang gave a brief staff report on the project. a Alex Cuevas,350 N.Glenoaks Blvd.,Burbank,CA,Project Representative,described the project further,on behalf of the owner and applicant. 0 Z Chair Coute asked if car wash prices would be displayed near the gas pumps. v Alex Cuevas said car wash prices would be listed near the pumps. o d Commissioner Jimenez asked if additional employees would be hired if the car wash was °'CL built. a 0 Alex Cuevas said one or two more employees would be hired. Commissioner Conte suggested adding a condition to require doors to enclose the car wash N after hours. CO N d Francisco Martin,7673 Central Avenue,spoke in favor of the project. Patricia Green,290 N. `D' Street,Suite 900,asked for a continuance of the project so her a company could meet with the applicant and staff to discuss conditions. d Aron Liang explained landscaping details for the project. R Commissioner Heasley made a motion to approve Conditional Use Permit No. 11-11, with the a added condition of approval. Commissioner Eble seconded the motion. The motion carried by the following vote: Ayes: Coute, Durr, Eble, Heasley, Jimenez, Lopez, Machen,Mulvihill and Rawls.Nays: None. Abstain: None. Absent: None. Page 3 of 5 08/24/2011 Packet Pg.206 6. DEVELOPMENT CODE AMENDMENT NO. 11-09 —A proposal to amend Section 19.06.025 "Prohibited Uses"of the Development Code to provide an exception in Section 19.06.025(1)(L) for party supply stores to be permitted in commercial land use districts subject to approval of a Conditional Use Permit. Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3) Proposed by: City of San Bernardino Ward: City-wide Terri Rahhal gave a detailed description of the proposed amendment. T T r Vice-Chair Heasley asked for clarification on the term"Party Supplies." Z as Commissioner Jimenez asked why this amendment was coming to the Planning a Commission. Q Terri Rahhal said the amendment was being proposed to allow companies the ability to apply for business licenses in San Bernardino. a Z a Commissioner Lopez asked if the Conditional Use Permits would specify no outdoor c=i 4- storage. o R a� Terri Rahhal said the Planning Commission would have the ability to apply conditions for a each Conditional Use Permit proposed. a 0 Commissioner Eble noted that many stores that advertise as party supplies stores display different inventory outside the establishments. r v Commissioner Mulvihill made a motion to recommend approval of Development Code N Amendment No. 11-09. Commissioner Rawls seconded the motion. The motion carried by the following vote: Ayes: Coute, Durr, Eble, Heasley, Lopez, Jimenez, g' Machen, Mulvihill and Rawls.Nays: None. Abstain: None. Absent: None. a PUBLIC COMMENTS-ITEMS NOT ON AGENDA E No comments. a PLANNING COMMISSION REPORTS/ANNOUNCEMENTS Commissioner Mulvihill asked for an update on the Chapparal sign. Terri Rahhal provided a brief update regarding the Chapparal sign. Vice-Chair Heasley announced the upcoming grand opening of the Verdemont Community Page 4 of 5 08/24/2011 Packet Pg.207 Center. Chair Coute asked if staff could research public parking issues at Blast Field. DIRECTOR'S REPORT Mario Suarez gave a presentation on long-range planning. Commissioner Mulvihill thanked Mr. Suarez for his presentation and asked for occasional updates on long-range planning. T O M.Margo Wheeler stated that monthly updates on long-range planning would be provided. Z d Commissioner Eble said he would forward literature and information regarding the City's a Beautification Day to Valley College's clubs and groups to seek out volunteers. M. Margo Wheeler updated the Planning Commission on the City Beautification Day details and gave information regarding signing up to volunteer at clean up spots throughout the City. Z a Commissioner Mulvihill said he would like to see the City work with nearby agencies to extend v the clean-up efforts. ° a� ADJOURNMENT C Commissioner Mulvihill made a motion, seconded by Commissioner Rawls and unanimously ° carried, to adjourn the Planning Commission meeting at 7:55 p.m. The next regular meeting was scheduled for Wednesday, September 28, 2011 at 6:00 p.m. in the Council Chambers, First rw T Floor, 300 North"D" Street, San Bernardino, California. N 00 N Minutes Adopted by Planning Commissioners: Coute,Eble,Heasley,Jimenez, Lopez,Machen and Mulvihill c Date Approved: September 28,2011 Minutes Prerred by: a c E Melissa Thurman Executive Assistant a Page 5 of 5 08/24/2011 Packet Pg.208 ATTACHMENT 4 Proposed Changed Conditions for CUP 11-11 Replace#22 c r r 22. Landscape and screening plans shall meet all code requirements pursuant to San z° Bernardino Municipal Code 19.28 and Resolution 93-123. Landscaping and screening shall be in substantial conformance to preliminary landscape plan electronically a submitted September 29, 2011, with the following modifications: Q • Street corner landscape area shall be bermed 30 inches in height and planted with grass and a minimum of eight 48"box specimen trees which may be shade or palm c z trees, subject to approval of Community Development Department. All landscaping a. shall be continuously maintained. v w O • Interior curb of the street corner landscape area shall be painted red, signed"No d Parking" and continuously maintained. a Additional conditions shall be added as follows: ° M r A. The property shall be maintained in accordance with all conditions of approval and all City of San Bernardino codes or the Conditional Use Permit may be subject to revocation pursuant to Development Code Section 19.36.100 a. L) B. Retail product deliveries shall be scheduled between 6:00 a.m. and 9:00 a.m. U) C. There shall be one operable pump pay station for each two dispensers. °- r c O U m c ca _ U a> O Q O L- a. c m E c� r a w c m E _ r a Packet Pg.209 r s Mayor and Members of the City Council: We would like to express our thanks to the Planning Director, Ms. Wheeler, for her recent review of Conditional Use Permit 11-11 and preparation of the additional Conditions of Approval before you for approval. We would also like to thank Councilwoman Marquez for bringing the applicant and the appellant together to address the concerns set forth in the appeal. We would also like to thank Councilwoman McCammack for her direction and Deputy City Attorney Henry Empeno for his insight. In addition, we want to thank the applicant,Mr. Haddad, for being a good neighbor and agreeing to these additional Conditions of Approval. Upon your approval today of these additional Conditions of Approval we are willing to withdraw our appeal for Conditional Use Permit 11-11. We would however ask that the following become part of the Minutes of today's meeting: 1. As a matter of public safety, the poor onsite circulation and the traffic backed unto and waiting on Waterman Avenue to enter the project site has not been addressed and will be amplified by the addition of the carwash, which we consider a destination addition that will generate traffic outside of the gas station. 2. We trust that the failure to address the circulation and traffic problems as part of this Conditional Use Permit will not result in the elimination of any of our existing driveways along Waterman Avenue for our pending development plans, which will be a substantial investment on the part of Vanir. 3. We are concerned that the Planning Commission and City Council has not taken the opportunity as part of this Conditional Use Permit to impose more compliance aesthetically with the current development codes and design standards. Without taking such action on this Conditional Use Permit before you and those going forward from other Applicants,the appearance of our City will not improve. Thank you. ARCO STATION TM rig3 Wit )a-, h 1 p ! v+ t i t t J W MiL 0 o too Q s e G k ( I z a t. „ uj x � , Proposed Changed Conditions for CUP 11-I l Replace#22 22. Landscape and screening plans shall meet all code requirements pursuant to San Bernardino Municipal Code 19.28 and Resolution 93-123. Landscaping and screening shall be in substantial conformance to preliminary landscape plan electronically submitted September 29, 2011, with the following modifications: • Street corner landscape area shall be bermed 30 inches in height and planted with grass and a minimum of eight 48" box specimen trees which may be shade or palm trees, subject to approval of Community Development Department. All landscaping shall be continuously maintained. • Interior curb of the street corner landscape area shall be painted red, signed "No Parking" and continuously maintained. Additional conditions shall be added as follows: A. The property shall be maintained in accordance with all conditions of approval and all City of San Bernardino codes or the Conditional Use Permit may be subject to revocation pursuant to Development Code Section 19.36.100 B. Retail product deliveries shall be scheduled between 6:00 a.m. and 9:00 a.m. C. There shall be a minimum of one operable pay station for each two pumps. � � G ARCO STATION J LOW EW i i -, f' s t ir ARCO STATION �If II 1 r - i 1' r � K 0 } 40 } y3 s� > ,r few O too Q im f V R {. O w MID 3 W ui fl .rte r r _"WOW � .� g a - 404 a 'f # v F � W .�..� Ix 9 Q Amos • n z g & r h •� n • > b Q c in i � s Z Q t '0 W w Am r