Loading...
HomeMy WebLinkAbout27- Plannig and Building Services CITY OF SAN BERN/ IDINO - REQUEST F( I COUNCIL ACTION From: Al Boughey, Director Subject: General Plan Amendment No. 93-04 and Conditional Use Permit No. 93-24 - to amend Dept: Planning and Building Services the GP Land Use designation from DIP to CG-1 on 12.72 acres and to establish a drive-thru Date: February 17, 1994 restaurant at Waterman/Mill Intersection. MCC meeting of March 7. 1994 Synopsis of Previous Council action: 12/02/89 -- The Mayor and Common Council adopted the General Plan Land Use Plan which designated the 12.72 acre site OIP, Office Industrial Park. Recommended motion: That the Mayor and Common Council close the public hearing; adopt the resolution adopting the Negative Declaration and approving General Plan Amendment No. 93-04: and, approve Conditional Use Permit No. 93-24. AL 0 HEY i ture Contact person: Al Boughey Phone: 5357 Supporting data attached: Staff Report Ward: 1 and 3 FUNDING REQUIREMENTS: Amount: $30.00 Source: (Acct. No.) 772-171-24515 Acct. Description) County Fi 1 i ng Fee Finance. Council Notes: 75-0262 Agenda Item No. 42 7 STAFF REPORT SUBJECT: GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 MAYOR AND COMMON COUNCIL MEETING OF MARCH 7, 1994 REQUEST/LOCATION The applicant requests to change the General Plan land use designation from OIP, Office Industrial Park to CG-1, Commercial General to permit a drive-thru restaurant subject to the approval of a Conditional Use Permit. The 0.52 acre site is located at the southwest corner of Waterman Avenue and Mill Street. Under the authority of Development Code Section 19.50. 030, staff is proposing an alternative to the applicant's General Plan Amendment which expands the amendment site to about 12.72 acres to include property on each corner of the intersection. Throughout this Staff Report, staff's proposed alternative amendment will be referred to as the Alternative. (See Exhibit 1, Site Vicinity and Land Use Designation Map) Under the authority of Development Code Sections 19.06. 020, Table 06.01 (Commercial And Industrial Districts List Of Permitted Uses) and 19.06.030(2) (H) (Land Use District Specific Standards for Drive-Thru Restaurants) the applicant requests approval to construct a 3,000 square foot restaurant with a drive-thru window on the 0.52 acre site. KEY ISSUES There are several key issues identified as follows: The applicant's proposal to change the General Plan land use designation is not consistent with the General Plan in that it would result in the creation of a 0.5 acre CG- 1 district consisting of a single commercial parcel. This type of zoning is often referred to a "spot zoning" and is discouraged under California State law. General Plan Goal 1G(i) stipulates that development patterns and uses be cohesive and uniform in nodes and districts to prevent "leap frog" development. The Alternative amendment proposal would result in the creation of a 12.72 acre commercial node located at a major intersection within a (largely) industrial area. General Plan Amendment No. 93-04 and Conditional Use Permit No. 93-24 Mayor and Common Council Meeting of March 7, 1994 Page 3 The Alternative amendment site contains a range of existing commercial retail and service uses (see Exhibit 3, Attachment 3 - Staff Alternative Amendment Site Existing Land Use Survey) . The Alternative amendment is consistent with General Plan Policy 1.3.8 which encourages the provision of commercial area and uses to serve the short-term needs of visitors to the City and enroute to or leaving the San Bernardino Mountains. The existing commercial uses within the Alternative amendment site, which are nonconforming under the OIP designation, would become conforming under the CG-1. On January 5, 1994, the City received a letter from Patricia Green of Vanir Development Company, Inc. Of primary concern to Ms. Green is that the Alternative amendment does not include two parcels (APNs 136-391-37 & 38) owned by Vanir Development Company, Inc. (The two parcels are located east and adjacent to the northeast portion of the Alternative amendment site and contain about 8.8 acres of land. ) This is addressed in a separate agenda item. The proposed drive-thru restaurant is not consistent with the land uses permitted by the OIP designation. The proposed CG-1 (either amendment proposal) permits drive- thru restaurants subject to a CUP. The proposed drive-thru restaurant is in compliance with all applicable Development Code standards and requirements for the CG-1 designation and property development standards. ENVIRONMENTAL DETERMINATION An Initial Study, prepared by staff, was presented to the Environmental Review Committee (ERC) on December 9, 1993 (Exhibit 3, Attachment 12) . The ERC determined that no significant impacts would result from the proposed drive-thru restaurant project, the applicant's proposed amendment or staff's alternative amendment and recommended a Negative Declaration. The proposed Negative Declaration was advertised and the Initial Study was available for public review and comment from December 16, 1993 to January 5, 1994. General Plan Amendment No. 93-04 and Conditional Use Permit No. 93-24 Mayor and Common Council Meeting of March 7, 1994 Page 4 COMMENTS RECEIVED Comments submitted by Patricia Green of Vanir Development Company, Inc. were discussed at the ERC and Planning Commission meetings. A discussion of the concerns outlined in Ms. Green's letter is contained in the Planning Commission Staff Report (Exhibit 3, beginning on page 7) . A copy of the letter (dated January 5, 1993) is included in Exhibit 3, Attachment 11. Other comments received by staff just prior to the Planning Commission meeting and to date are in favor of the Alternative amendment. Copies of these comments are contained in Exhibit 5. MAYOR AND COMMON COUNCIL OPTIONS The Mayor and Common Council may: 1. Approve the Alternative proposal for General Plan Amendment No. 93-04, adopt the Negative Declaration based upon the findings in the resolution and approve Conditional Use Permit No. 93-24 based on the Findings of Fact and subject to the Conditions of Approval and Standard Requirements. 2. Deny General Plan Amendment No. 93-04 and Conditional Use Permit No. 93-24. PLANNING COMMISSION RECOMMENDATION The Planning Commission voted [6 ayes (Affaitati, Romero, Stone, Strimpel, Thrasher and Traver) , 0 nay and 4 absent (Cole, Gaffney, Gonzales and Ortega) ] to recommend to the Mayor and Common Council the adoption of the Negative Declaration and approval of the Alternative amendment proposal (12.72 acres on all 4 corners of the Waterman/Mill intersection) , and approval of Conditional Use Permit No. 93-24. STAFF RECOMMENDATION Staff recommends that the Mayor and Common Council: 1. Adopt the Resolution adopting the Negative Declaration (Exhibit 4) ; General Plan Amendment No. 93-04 and Conditional Use Permit No. 93-24 Mayor and Common Council Meeting of March 7, 1994 Page 5 2. Approve the Alternative amendment to change the land use designation on 12 .72 acres at the Waterman Avenue/Mill Street intersection from OIP, Office Industrial Park to CG-1, Commercial General based on the Findings contained in the resolution (Exhibit 4) ; 3. Approve Conditional Use Permit No. 93-24 to construct and establish a drive-thru restaurant based on the Findings of Fact (Exhibit 3, Attachment 2) , and subject to the Conditions of Approval (Exhibit 3 , Attachment 9) and Standard Requirements (Exhibit 3, Attachment 10) . Prepared by: Deborah Woldruff, Associate Planner for Al Boughey, Director Planning and Building Services Exhibit 1: Site Vicinity and General Plan Land Use Designation Map Exhibit 2 : Alternative Amendment Site Exhibit 3: Planning Commission Staff Report (December 15, 1992) Attachments; 1. Site Vicinity and General Plan Land Use Designation Map (Not Included - See Exhibit 1) 2. Staff Alternative Amendment Site (Not Included - See Exhibit 2) 3 . Staff Alternative Amendment Site Existing Land Use Survey 4. General Plan Amendment Findings of Fact 5. Development Code and General Plan Conformance (CUP No. 93-24) 6. Site Plan (for CUP No. 93-24) 7. Floor Plan and Elevations (CUP No. 93-24) 8. Conditional Use Permit Findings of Fact 9. Conditions of Approval for CUP 93-24 10. Standard Requirements for CUP 93-24 11. Letter (dated January 5, 1994) 12. Initial Study (Exhibits not included) Exhibit 4: Resolution Attachments: A - Site Location Map B - Legal Descriptions Exhibit 5: Comments Received RESOLUTION NO. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN 2 AMENDMENT NO. 93-04 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 4 SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. Recitals 6 (a) The General Plan for the City of San Bernardino was 7 adopted by the Mayor and Common Council by Resolution No. 89-159 on 8 June 2, 1989. 9 (b) General Plan Amendment No. 93-04 to the General Plan of 10 the City of San Bernardino was considered by the Planning 11 Commission on January 25, 1994, after a noticed public hearing, and 12 the Planning Commission's recommendation of approval has been 13 considered by the Mayor and Common Council. 14 (c) An Initial Study was prepared on December 9, 1993 and 15 reviewed by the Environmental Review Committee and the Planning 16 Commission who both determined that General Plan Amendment No. 93- 17 04 would not have a significant effect on the environment and 18 therefore, recommended that a Negative Declaration be adopted. 19 (d) The proposed Negative Declaration received a 21 day 20 public review period from December 16, 1993 through January 5, 1994 21 and all comments relative thereto have been reviewed by the 22 Planning Commission and the Mayor and Common Council in compliance 23 with the California Environmental Quality Act (CEQA) and local 24 regulations. 25 e) The Mayor and Common Council held a noticed public 26 hearing and fully reviewed and considered proposed General Plan 27 Amendment No. 93-04 and the Planning Division Staff Report on March 28 7, 1994. 1 I (f) The adoption of General Plan Amendment No. 93-04 is 2 deemed in the interest of the orderly development of the City and 3 is consistent with the goals, objectives and policies of the 4 existing General Plan. 5 SECTION 2 . Negative Declaration 6 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor 7 and Common Council that the proposed amendment to the General Plan 8 of the City of San Bernardino will have no significant effect on 9 the environment, and the Negative Declaration heretofore prepared 10 by the Environmental Review Committee as to the effect of this 11 proposed amendment is hereby ratified, affirmed and adopted. 12 SECTION 3. Findings 13 BE IT FURTHER RESOLVED by the Mayor and Common Council of the 14 City of San Bernardino that: 15 A. The proposed CG-1, Commercial General land use designation is 16 internally consistent with General Plan Goal 1G(i) in that it 17 will create a commercial node which contains a diversity of 18 commercial retail and service uses on the Waterman Avenue/OIP 19 corridor and the proposed designation is not in conflict with 20 the goals, objectives and policies of the General Plan. 21 B. The proposed amendment would not be detrimental to the public 22 interest, health, safety, convenience or welfare of the City 23 in that the amendment area already contains existing 24 commercial uses that would be made conforming and compatible 25 with future commercial development of the site. 26 27 28 2 I C. The proposed amendment to change the land use designation on 2 12 .72 acres from OIP, Office Industrial Park to CG-1, 3 Commercial General would enhance the balance of land uses in 4 that existing and proposed development on the site would 5 provide commercial retail and services for the Waterman 6 Avenue/OIP corridor. 7 D. The 12 .72 acre amendment site is physically large enough for 8 uses permitted in the CG-1, Commercial General land use 9 designation and all parcels have or will have adequate access 10 to either Mill Street or Waterman Avenue. 11 SECTION 4. Amendment 12 BE IT FURTHER RESOLVED by the Mayor and Common Council that: 13 A. The Land Use Plan of the General Plan of the City of San 14 Bernardino is amended by changing approximately 12.72 acres 15 from OIP, Office Industrial Park to CG-1, Commercial General. 16 This amendment is designated as General Plan Amendment No. 93- 17 04 and its location is outlined on the map entitled Attachment 18 A, and is more specifically described in the legal description 19 entitled Attachment B, copies of which are attached and 20 incorporated herein be reference. 21 B. General Plan Amendment No. 93-04 shall become effective 22 immediately upon adoption of this resolution. 23 SECTION 5. Map Notation 24 This resolution and the amendment affected by it shall be 25 noted on such appropriate General Plan maps as have been previously 26 adopted and approved by the Mayor and Common Council and which are 27 on file in the office of the City Clerk. 28 3 I SECTION 6. Notice of Determination 2 The Planning Division is hereby directed to file a Notice of 3 Determination with the County Clerk of the County of San Bernardino 4 certifying the City's compliance with California Environmental 5 Quality Act in preparing the Negative Declaration. 6 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 1 RESOLUTION. . . ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 93-04 TO THE GENERAL 2 PLAN OF THE CITY OF SAN BERNARDINO. 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting therefore, held on the 6 day f y 1994, by the following vote, to 7 wit: 8 Council Members AYES NAYS ABSTAIN ABSENT 9 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 City Clerk 18 The foregoing resolution is hereby approved this day 19 of 1994. 20 21 Tom Minor, Mayor City of San Bernardino 22 Approved as to 23 form and legal content: 24 JAMES F. PENMAN, Cityr,Attorney 25 B y; 26 27 28 5 ATTACHMENT "A" SITE LOCATION MAP (BY ASSESSOR PARCEL NUMBER) �G �G 5 GAG GJ� 136-391-36 136-271-43 39 27 OIP TO CG-1 MILL STREET 136-3 -02 = 07 136-393-14 15 dc Z Lu 05 06 13 Q 06 Q Q ' 3 . . N GENERAL PLAN AMENDMENT NO. 93-04 CITY OF BAN BERNARDINO GENERAL PLAN AMENDMENT NO. 93-04 THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS: PARCEL A APN 136-391-36 PARCELS 1, 2 AND 3 OF PARCEL MAP 8999, AS (OIP to CG-1) RECORDED IN PARCEL MAP BOOK 100, PAGES 1 AND 2, RECORDS OF SAN BERNARDINO COUNTY. PARCEL_.a A NON-EXCLUSIVE EASEMENT FOR INGRESS AND (OIP TO CG-1) EGRESS OVER THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 1624, AS RECORDED IN PARCEL MAP BOOK 13, PAGE 94, RECORDS OF SAN BERNARDINO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID PARCEL 2 AND THE EAST LINE OF WATERMAN AVENUE, AS SHOWN ON SAID MAP; THENCE NORTH 0° 29' 32" EAST 30.00 FEET ALONG SAID EAST LINE OF WATERMAN AVENUE; THENCE SOUTH 89° 30' 28" EAST 25.00 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 30 FEET; THENCE EASTERLY AND SOUTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 47.12 FEET THROUGH A CENTRAL ANGLE OF 90° 00' 00", THENCE NORTH 89. 30' 28" WEST 55.00 FEET TO THE POINT OF BEGINNING. ALSO KNOWN AS 433-435 S. WATERMAN AVENUE, SAN BERNARDINO, CALIFORNIA AND VACANT LAND APN *136-391-36, 37638. ATTACHMENT "B" CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 93-04 THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS: ARC APN 136-391-27 A PORTION OF LOT 7, BLOCK 45, AS SHOWN ON (OIP TO CG-1) THE MAP OF THE RANCHO SAN BERNARDINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 OF MAPS, PAGE 2 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF WATERMAN AVENUE WITH THE CENTERLINE OF MILL STREET; THENCE NORTH 00 DEGREES 29 MINUTES 32 SECONDS EAST ALONG SAID CENTERLINE OF WATERMAN AVENUE 230.00 FEET; THENCE SOUTH 89 DEGREES 22 MINUTES 36 SECONDS EAST PARALLEL WITH SAID MILL STREET 55.000 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF WATERMAN AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 DEGREES 29 MINUTES 32 SECONDS WEST ALONG SAID EASTERLY LINE 159.90 FEET; THENCE SOUTH 55 DEGREES 35 MINUTES 43 SECONDS EAST 27.16 FEET TO A POINT ON THE NORTHERLY LINE OF MILL STREET, SAID POINT BEING DISTANT 55.00 FEET FROM THE CENTERLINE OF MILL STREET; THENCE SOUTH 89 DEGREES 22 MINUTES 36 SECONDS EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 152.46 FEET; THENCE NORTH 00 DEGREES 29 MINUTES 32 SECONDS EAST PARALLEL WITH WATERMAN AVENUE 175.00 FEET; THENCE NORTH 89 DEGREES 22 MINUTES 36 SECONDS WEST PARALLEL WITH MILL STREET 175.00 FEET TO THE TRUE POINT OF BEGINNING. ATTACHMENT "B" CITY OF BAN BERNARDINO GENERAL PLAN AMENDMENT NO. 93-04 THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS: PARCEL APN 0136-392-02 ALL OF THAT PORTION OF LOT 41, BLOCK 54, (OIP TO CG-1) RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 55 FEET WEST AND 205 FEET SOUTH OF THE INTERSECTION OF THE CENTER LINE OF MILL STREET AND WATERMAN AVENUE; THENCE SOUTH 89° 34" 19" WEST, PARALLEL WITH THE CENTER LINE OF MILL STREET, A DISTANCE OF 150 FEET; THENCE NORTH 0° 30' 5" WEST, PARALLEL WITH THE CENTER LINE OF WATERMAN AVENUE, A DISTANCE OF 150 FEET; THENCE NORTH 89° 34' 19" EAST, PARALLEL WITH THE CENTER LINE OF MILL STREET, A DISTANCE OF 150 FEET; THENCE SOUTH 0° 301 54" EAST, PARALLEL WITH THE CENTER LINE OF WATERMAN AVENUE, A DISTANCE OF 150 FEET TO THE POINT . OF BEGINNING. EXCEPTING THE INTEREST CONVEYED TO THE COUNTY OF SAN BERNARDINO, A BODY CORPORATE AND POLITIC, BY DEED RECORDED JANUARY 25, 1961, IN BOOK 5334, PAGE 464, OFFICIAL RECORDS. ATTACHMENT "B" CITY OF BAN BERNARDINO GENERAL PLAN AMENDMENT NO. 93-04 THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS: PARCEL APN 0136-392-05 OK SUN CHANG, AN UNMARRIED WOMAN AS TO (OIP TO CG-1) AN UNDIVIDED 1/2 INTEREST AND DO KYONG KIM, A SINGLE MAN AS TO AN UNDIVIDED 1/2 INTEREST. PARCEL 2 OF PARCEL MAP NO. 3045, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 27 OF PARCEL MAPS, PAGE 45, RECORDS OF SAID COUNTY, BEING A DIVISION OF A PORTION OF LOT 41, BLOCK 54, RANCHO SAN BERNARDINO, RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY. ATTACHMENT "B" CITY OF BAN BERNARDINO GENERAL PLAN AMENDMENT NO. 93-04 THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS: ARC APN 0136-392-06 PARCEL 3 OF PARCEL MAP NO. 3045, IN THE (OIP TO CG-1) COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 27 OF PARCEL MAPS, PAGE 45, RECORDS OF SAID COUNTY, BEING A DIVISION OF LOT 41, BLOCK 54, RANCHO SAN BERNARDINO, RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY. ATTACHMENT "B" CITY OF BAN BERNARDINO GENERAL PLAN AMENDMENT NO. 93-04 THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS: PARCEL APN 0136-393-06 A PORTION OF LOT 8, BLACK 46, RANCHO SAN (OIP TO CG-1) BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE SOUTH 0 DEGREES 26 MINUTES 20 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 8, A DISTANCE OF 173.75 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 13 SECONDS EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 8, A DISTANCE OF 8.75 FEET TO A POINT ON THE EAST LINE OF WATERMAN AVENUE AS CONVEYED TO THE COUNTY OF SAN BERNARDINO, BY DEED RECORDED MARCH 29, 1961, IN BOOK 5389, PAGE 250, OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 23 MINUTES 13 SECONDS EAST PARALLEL WITH t SAID NORTH LINE, 165.00 FEET TO A POINT 173.75 FEET FROM SAID WEST LINE OF LOT 8, THENCE NORTH 0 DEGREES 26 MINUTES 20 SECONDS EAST PARALLEL WITH SAID WEST LINE, A DISTANCE OF 160.00 FEET TO THE SOUTH LINE OF MILL STREET AS CONVEYED BY SAID DEED TO THE COUNTY OF SAN BERNARDINO; THENCE SOUTH 89 DEGREES 23 MINUTES 13 SECONDS EAST (RECORDED NORTH 89 DEGREES 39 MINUTES 33 SECONDS EAST) ALONG SAID SOUTH LINE, 126.25 FEET TO A POINT 300.00 FEET FROM SAID WEST LINE OF LOT 8; THENCE SOUTH 0 DEGREES 26 MINUTES 20 SECONDS WEST, PARALLEL WITH SAID WEST LINE, 286.25 FEET; THENCE NORTH 89 DEGREES 23 MINUTES 13 SECONDS WEST, PARALLEL WITH SAID SOUTH LINE OF MILL STREET, 291.25 FEET TO SAID EAST LINE OF WATERMAN AVENUE; THENCE NORTH 0 DEGREES 26 MINUTES 20 SECONDS EAST, ALONG SAID EAST LINE, 126.25 FEET TO THE TRUE POINT OF BEGINNING. ATTACHMENT "B" CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 93-04 THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS: PARCEL 1 APN 0136-271-43 THAT PORTION OF THE EAST 3/5 OF LOT 6, (OIP TO CG-1) BLACK 7, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK OF 7 MAPS, PAGE 2, RECORDS OF SAID COUNTY, LYING SOUTHEASTERLY OF THE PROPERTY CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED APRIL 2, 1959, IN BOOK 4778, PAGE 139, OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED APRIL 12, 1961, IN BOOK 5401, PAGE 400, OFFICIAL RECORDS. PARCEL 2 APN 0136-271-43 THAT PORTION OF THE EASTERLY 100 FEET OF (OIP TO CG-1) THE WEST 2/5 OF LOT 6, BLOCK 7, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, LYING SOUTHEASTERLY OF THE PARCEL OF LAND CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED JUNE 29, 1960, IN BOOK 5173, PAGE 387, OFFICIAL RECORDS. EXCEPTING THEREFROM THE SOUTH 55 FEET, MEASURED FROM THE CENTER LINE OF MILL STREET, 82.5 FEET IN WIDTH, AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED MAY 31, 1961 IN BOOK 5444, PAGE 350, OFFICIAL RECORDS. ATTACHMENT °B" CITY OF BAN BERNARDINO GENERAL PLAN AMENDMENT NO. 93-04 THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS: ARC APN 0136-271-39 THAT PORTION OF LOT 6, BLOCK 7, RANCHO SAN (OIP TO CG-1) BERNARDINO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED IN THE DEED TO GERTRUDE POLICANO, ET AL. , RECORDED OCTOBER 17, 1946, IN BOOK 1967, PAGE 184, OFFICIAL RECORDS OF SAID COUNTY, LYING SOUTH OF THE SOUTHEASTERLY LINE OF THE LAND CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED JUNE 29, 1960, IN BOOK 5173, PAGE 387, OFFICIAL RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE EAST 100 FEET AS CONVEYED TO MAY COMPANY, A PARTNERSHIP, BY DEED RECORDED FEBRUARY 27, 1961, IN BOOK 5361, PAGE 131, OFFICIAL RECORDS OF SAID COUNTY. ALSO EXCEPTING THEREFROM THE SOUTH 55 FEET AS CONVEYED TO THE COUNTY OF SAN BERNARDINO, BY DEED RECORDED JULY 5, 1962, IN BOOK 5728, PAGE 375, OFFICIAL RECORDS OF SAID COUNTY. ATTACHMENT "B" CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 93-04 THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS: PARCEL APN 0136-393-15 PARCEL 2 OF PARCEL MAP NO. 9945, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 129, PAGES 16 AND 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ATTACHMENT "B" CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 93-04 THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS: ARC APN 0136-393-14 PARCEL 1 OF PARCEL MAP NO. 9945, IN THE (OIP TO CG-1) CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 129, PAGES 16 AND 17, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. : o ATTACHMENT "B" CITY OF BAN BERNARDINO GENERAL PLAN AMENDMENT NO. 93-04 THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS: PARCEL APN 0136-393-13 PARCEL 2 OF PARCEL MAP NO 9945, IN THE (OIP TO CG-1) CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 129, PAGES 16 AND 17, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ATTACHMENT "B" CITY OF BAN BERNARDINO GENERAL PLAN AMENDMENT NO. 93-04 THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS: PARCEL APN 0136-393-07 A PORTION OF LOT 8, BLOCK 46, RANCHO SAN (OIP TO CG-1) BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE SOUTH 0° 26' 20" WEST ALONG THE WEST LINE OF SAID LOT 8, A DISTANCE OF 300. 00 FEET; THENCE SOUTH 89° 23' 13" EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 8, A DISTANCE OF 8.75 FEET TO A POINT ON THE EAST LINE OF WATERMAN AVENUE, AS CONVEYED TO THE COUNTY OF SAN BERNARDINO, BY DEED RECORDED MARCH 29, 1961, IN BOOK 5389, PAGE 250, OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89° 23' 13" EAST PARALLEL WITH SAID NORTH LINE, 291.25 FEET TO A POINT 300.00 FEET FROM SAID WEST LINE OF LOT 8, THENCE i NORTH 0° 26' 20" EAST PARALLEL WITH SAID WEST LINE, A DISTANCE OF 286.25 FEET TO THE SOUTH LINE OF MILL STREET, AS CONVEYED BY SAID DEED TO THE COUNTY OF SAN BERNARDINO, BY DEED RECORDED MARCH 29, 1961 IN BOOK 5389, PAGE 250, OFFICIAL RECORDS; THENCE NORTH 89° 23' 13" WEST (RECORDED NORTH 89° 39' 33" EAST) ALONG SAID SOUTH LINE, 271.25 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 45° 31' 35" WEST 28.24 FEET (RECORDED NORTH 43° 44' 31" EAST 28.57 FEET) TO AN ANGLE POINT IN SAID EAST LINE OF WATERMAN AVENUE; THENCE NORTH 0° 26' 20" WEST (RECORDED NORTH 0° 30' 54" WEST) ALONG SAID EAST LINE, 266.25 FEET TO THE TRUE POINT OF BEGINNING. ATTACHMENT "B" CITY OF SAN BERNARDINO GENERAL PLAN AMENDMENT NO. 93-04 PARCEL APN 0136-393-07 EXCEPTING THEREFROM THAT PORTION, AS (CONTINUED) CONVEYED TO JIMMY R. NICKELL, ET UX. , BY DEED RECORDED MARCH 16, 1972, IN BOOK 7887, PAGE 936, OFFICIAL RECORDS. TOGETHER WITH ALL RIGHTS AND PRIVILEGES APPURTENANT THERETO AND ALL BUILDINGS AND LAND IMPROVEMENTS THEREON; BUT SUBJECT TO THE LIENS OF ALL TAXES AND ASSESSMENTS FOR THE YEAR 1979-80 AND SUBSEQUENT YEARS, TO ALL EASEMENTS, RIGHTS-OF-WAY, RESERVATIONS , RESTRICTIONS AND ENCUMBRANCES OF RECORD, TO ANY EXISTING TENANCIES, TO ALL ZONING LAWS AND ORDINANCES, AND TO ANY STATE OF FACTS AN ACCURATE SURVEY OR INSPECTION OF THE PREMISES WOULD ALLOW. 1 1 i ATTACHMENT "B" CITY OF SAN BERNAR. EXHIBIT #1 S= VICIN rY AND GENERAL PLAN LAND USE DESIGNATION Adopted 6 j Date �-��- �'3 FOR � No. 93-74/CPA No. 93-04 (and Altive) Panel No. �� KM *?'f-'L Am f L 3 u ftEj �� , I E4 sr Ip 0 � � rte•� ���r ► 0 110 I ,. cN EXHIBIT #2 GENERAL PLAN AMENDMENT PROPOSAL ALTERNATIVE SITE oIP OIP GAG PFC . OIP TO OIP IL CG-1 OIP TO CH CG-1 MILL STREET OIP T W OI TO CG-1 CG- 1 i IL Z IL 4 OIP TOIP W a 3 N EXHIBIT #3 LAN'D OF SAN BERNARDINO PLANNING UILD ING SERVICES DEPARTMENT AGENDA ITEM #8 SUMMARY HEARING DATE January 25, 1994 WARD-5 1 and General Plan Amendment No. 93-04 [APPLICANT: Susan Johnston/Carton Dev.N and Conditional Use Permit 330 North "D" Street, Ste #110 No. 93-24 San Bernardino, CA 92401 ER: Vickie & Bill Kazaltzes 1018 Grossmont Drive Whittier, California 90601 he applicant requests an amendment of the General Plan from the current OIP, Office Industrial Park designation to the CG-1, Commercial General designa- tion. Under the authorit of Development Code Section 19.50.030 staff is WF' proposing an "Alternative' to the applicant's General Plan Amendment request, which would expand the amendment site to about 12.72 acres to include property on each corner of the intersection of Waterman Avenue and Mill Street. The O applicant also requests approval of a Conditional Use Permit under authority of Code Section 19.060.020 (Table 06.01) to permit a restaurant with a drive- thru window. The subject property is a rectangularly-shaped parcel of land Q consisting of about 0 .52 acres, located at the southwest corner of Waterman LU Avenue and Mill Street, having a frontage of about 150 feet on the west side cc of Waterman Avenue and a frontage of about 150 feet on the south side of Mill Q Street. ENVIRONMENTAL RECOMMENDATION: PROPOSED NEGATIVE DECLARATION EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION Subject Vacant OIP Office. Industrial Park North Vacant Commercial Building " South Liquor Store and Welding Shop " East Auto Repair Shop & Vacant Lot " West Multi-tenant Industrial Center " GEOLOGIC/SEISMIC ❑ YES FLOOD HAZARD ❑ YES ❑ ZONE A SEWERS: ® YES HAZARD ZONE: 33 NO ZONE: IR NO ❑ ZONE B ❑ NO =H= ❑ YES AIRPORT NOISE/ ❑ YES REDEVELOPMENT ❑ YES E: NO CRASH ZONE: PROJECT AREAL IS NO ® NO J ❑ NOT ❑ POTENTIAL SIGNIFICANT Z ® APPROVAL Of CUP and Q APPLICABLE EFFECTS WITH 0 Staff's Alternative GPA. Z N MITIGATING MEASURES W C7 C ® CONDITIONS M Z_ ❑ EXEMPT ❑ E.I.R.REOUIRED BUT NO IL Z O c WITH SIGNIFICANT 41C W ❑ DENIAL Z .2 — LL. MEASURES rA 2 ❑ CONTINUANCE TO Z ® NO SIGNIFICANT SIGNIFICANT EFFECTS V W EFFECTS SEE ATTACHED E.R.C. W MINUTES IZ o:nw.n..n.ew ws - . PuN4Dt PAGE 1 OF 1 INO1 GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM: #8 HEARING DATE: January 25, 1994 Page 2 REQUEST AND LOCATION The applicant requests to change the General Plan land use designation from OIP, Office Industrial Park to CG-1, Commercial General to permit a drive-thru restaurant subject to an approved Conditional Use Permit. The 0.52 acre site is located at the southwest corner of Waterman Avenue and Mill Street. Under the authority of Development Code Section 19.50.030, staff is proposing an alternative to the applicant's General Plan Amendment which would expand the amendment site to about 12.72 acres to include property on each corner of the intersection. Throughout this Staff Report, staff's proposed alternative amendment will be referred to as the Alternative. (Attachment 1, See Site Vicinity and Land Use Designation Map) Under the authority of Development Code Sections 19.06.020, Table 06.01 (Commercial And Industrial Districts List Of Permitted Uses) and 19.06.030(2) (H) (Land Use District Specific Standards for Drive-Thru Restaurants) the applicant requests approval to construct a 3,000 square foot restaurant with a drive-thru window on the 0.52 acre site. GENERAL PLAN AND DEVELOPMENT CODE CONFORMANCE The applicant's amendment proposal is not consistent with certain provisions in the General Plan pertaining to patterns and distributions of land uses [General Plan Goal 1G(i) and Policy 1.3.8] . The Alternative is consistent with the provisions specified. A detailed discussion of this issue is included in the Analysis section of this Staff Report. The project site is located in the OIP, Office Industrial Park which does not permit drive-thru restaurants. However, drive-thru restaurants are permitted in the CG-1, Commercial General designation subject to a Conditional Use Permit. As such, approval of either the applicant's proposed amendment (GPA No. 93-04) • or staff's Alternative amendment proposal will alleviate the project's inconsistency with the General Plan. The proposed drive-thru restaurant complies with the Development Code standards for the CG-1 and all other applicable standards in terms of site layout and design. [See Attachment 5 (CUP No. 93- 24) , Development Code and General Plan Conformance Table] " ` GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM: #8 HEARING DATE: January 25, 1994 Pag* 3 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) STATUS An Initial Study was prepared by staff and presented to the Environmental Review Committee (ERC) on December 9, 1993 (Attachment 12) . The ERC determined that no significant impacts would result from the proposed drive-thru restaurant project, the applicant's proposed amendment or staff's alternative amendment and recommended a Negative Declaration. The proposed Negative Declaration was advertised and the Initial Study was available for public review and comment from December 16, 1993 to January 5, 1994. Comments were submitted by Patricia Green of Vanir Development Company, Inc. The letter was read into the record at the January 61 1994 ERC meeting and some discussion occurred. The ERC recommended that Ms. Green's concerns be addressed in the Staff Report to the Planning Commission. A copy of the letter (dated January 5, 1993) is included in Attachment 11. Staff's response is contained in the Comments section of this Staff Report (beginning on page 7) . BACRGROIIND The project was reviewed by the Development Review Committee (DRC) on November 18, 1993, December 9, 1993 and January 6, 1994. At their meeting of January 6, 1994, the DRC recommended that the Planning Commission recommend to the Mayor and Common Council the approval of CUP No. 93-24, denial of GPA No. 93-04 as proposed by the applicant and approval of GPA No. 93-04 as proposed by staff. (See Attachment 6, Site Plan; Attachment 7, Floor Plans and Elevations; and, Attachment 21 Staff Alternative Amendment Site) A NA' LYSIB SITE AND AREA CHARACTERISTICS The 0.52 acre amendment and project site, located at the southwest corner of Waterman Avenue and Mill Street, is a flat, vacant, rectangular-shaped lot. It should be noted that both Waterman Avenue and Mill Street are classified as major arterials on the Circulation Plan. The expanded site for the Alternative (12.72 acres) is relatively flat and includes property on all four corners of the Waterman Avenue and Mill Street intersection. The northwest corner of the GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM: #8 HEARING DATE: January 2S, 1994 Page 3 CALIFORNIA ENVIRONMENTAL OUALITY ACT (CF.OA) STATUS An Initial Study was prepared by staff and presented to the Environmental Review Committee (ERC) on December 9, 1993 (Attachment 12) . The ERC determined that no significant impacts would result from the proposed drive-thru restaurant project, the applicant's proposed amendment or staff's alternative amendment and recommended a Negative Declaration. The proposed Negative Declaration was advertised and the Initial Study was available for public review and comment from December 16, 1993 to January 5, 1994. Comments were submitted by Patricia Green of Vanir Development Company, Inc. The letter was read into the record at the January 6, 1994 ERC meeting and some discussion occurred. The ERC recommended that Ms. Green's concerns be addressed in the Staff Report to the Planning Commission. A copy of the letter (dated January 5, 1993) is included in Attachment 11. Staff's response is contained in the Comments section of this Staff Report (beginning on page 7) . EACKGROIIND The project was reviewed by the Development Review Committee (DRC) on November 18, 1993, December 9, 1993 and January 6, 1994. At their meeting of January 6, 1994, the DRC recommended that the Planning Commission recommend to the Mayor and Common Council the approval of CUP No. 93-24, denial of GPA No. 93-04 as proposed by the applicant and approval of GPA No. 93-04 as proposed by staff. (See Attachment 6, Site Plan; Attachment 7, Floor Plans and Elevations; and, Attachment 2, Staff Alternative Amendment Site) ANALYSIS SITE AND AREA CHARACTERISTICS The 0.52 acre amendment and project site, located at the southwest corner of Waterman Avenue and Mill Street, is a flat, vacant, rectangular-shaped lot. It should be noted that both Waterman Avenue and Mill Street are classified as major arterials on the Circulation Plan. The expanded site for the Alternative (12.72 acres) is relatively flat and includes property on all four corners of the Waterman Avenue and Mill Street intersection. The northwest corner of the GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM:#8 HEARING DATE: January 25, 1994 Page 4 intersection contains a vacant commercial building and a vacant lot is located adjacent and to the west. Both lots are included in the expanded site. The northeast corner contains a service station and convenience store with a commercial strip center located adjacent and to the north. Both lots are included in the expanded site. On the southeast corner is an automotive repair shop with vacant land located immediately to the south and west and a commercial strip center adjacent and to the east. All five lots described are included in the expanded site. The southwest corner includes the 0.52 acre project site for the proposed CUP, a liquor store and a welding supply store. All three lots are included in the expanded site. (See Attachment 3 , Alternative Amendment Site Existing Land Use Survey) The area surrounding the project site and the Alternative site is made up of some vacant parcels, equipment rental and storage and building supply uses in an area designated as OIP (see Attachment 1, Site Vicinity and Land Use Designation Map) . The OIP district includes much of the property fronting on Waterman Avenue between 3rd Street and the Santa Ana River Wash. In the vicinity of the project site and the Alternative site, the OIP district is bracketed by the IL, Industrial Light district to the east and the CH district to the north. To the north is the Warm Springs Flood Control Channel in an area designated PFC, Public Flood Control. To the south, the OIP district along Waterman Avenue is surrounded by the IL district. PROJECT DESCRIPTION The Applicantos Amendment Proposal and Drive-thru Restaurant The applicant requests to change the General Plan land use designation from OIP, Office Industrial Park to CG-11 Commercial General to permit a drive-thru restaurant use. Concurrently, the applicant requests approval of a Conditional Use Permit (CUP) to construct the 3,000 square foot drive-thru restaurant. The restaurant will have 1,370 square feet of dining area with seating for about 79 persons. About 1,500 square feet will be used for the kitchen, service, storage room and restrooms. (See Attachment 7, Floor Plan and Elevations) The restaurant will operate from 7:00 a.m. to 11:00 p.m. , 7 days a week. Meals cooked to order will be served for breakfast, lunch and dinner with drive-thru window service available for phone-in and drive-up orders from the menu. GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM: #8 HEARING DATE: January 25, 1994 Page 5 The restaurant will employ about 20 persons with a maximum of 5 employees on the site at any given time. The Alternative Amendment Proposal The Alternative to the applicant's amendment proposal is to expand the amendment site to about 12.72 acres to include property on each corner of the Waterman Avenue/Mill Street intersection. The land use designation would be changed from OIP to CG-1 on all of the property included in the Alternative site (see Attachment 2, Staff Alternative Amendment Site) . EXISTING LAND USE DESIGNATION The purpose of the OIP, Office Industrial Park land use designation is to meet the City's objective, as follows: "Establish the Waterman Avenue corridor and other appropriate areas as distinctive office parks and corporate centers serving the San Bernardino community and region." (General Plan Objective 1.31) The OIP designation permits a diversity of corporate office, light manufacturing and research and development uses. Supporting retail uses are also permitted but must be located in corporate office industrial park structures. (General Plan Policies 1.31.10 and 1.31.32) PROPOSED LAND USE DESIGNATION The purpose of the CG-1, Commercial General land use designation is to meet the City's objective, as follows: "Provide for the continued use, enhancement, and new development of retail, personal service, entertainment, office and related commercial uses along major transportation corridors and intersections to serve the needs of the residents; reinforcing existing commercial corridors and centers and establishing new locations as new residential growth occurs. " (General Plan Objective 1.19) As indicated, the CG-1 should occur along major arterials and intersections such as Waterman Avenue and Mill Street to provide commercial services to the surrounding industrial developments. The CG-1 permits a diversity of community-serving retail and service uses, entertainment uses, and professional and financial GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM: #8 HEARING DATE: January 25, 1994 Page 6 offices. With the exception of one lot, all of the lots included in both amendment proposals meet the minimum lot size requirements for the CG-1 designation. [The exception noted is a small, sliver- shaped lot that is located on the southeast corner of the intersection, east and adjacent to the auto repair shop (APN 136- 393-15) . (See Attachment 2, Staff Alternative Amendment Site) ] GENERAL PLAN CONSISTENCY The applicant's amendment proposal is not consistent with the General Plan in that it would result in the creation of a 0.5 acre CG-1 district consisting of a single commercial use. This type of zoning is often referred to a "spot zoning" and is discouraged under California State law. General Plan Goal 1G(i) stipulates that development patterns and uses be cohesive and uniform in nodes and districts to prevent "leap frog" development. A single lot containing a single use commercial can not be considered a district. A commercial district (or a node) generally provides a diversity of services to the adjacent and surrounding areas. The Alternative amendment proposal would result in the creation of a 12.72 acre commercial node located at a major intersection within a (largely) industrial area. As indicated on Attachment 3 (Staff Alternative Amendment Site Existing Land Use Survey) , the Alternative amendment site contains a range of existing commercial retail and service uses. This is consistent with General Plan Policy 1.3.8 which encourages the provision of commercial area and uses to serve the short-term needs of visitors to the City and enroute to or leaving the San Bernardino Mountains. It should be noted that the existing commercial uses, which are nonconforming under the OIP designation, would become conforming under the CG-1. A total of 2.03 acres within the Alternative amendment site are vacant and constitute 3 lots. The proposed drive-thru restaurant site (0.52 acres) will be built on one of the vacant lots. The proposed drive-thru restaurant is not consistent with the land uses permitted by the OIP designation. The proposed CG-1 (either amendment proposal) permits drive-thru restaurants subject to a CUP. DEVELOPMENT CODE COMPLIANCE With the exception of one lot, the lots -included in both amendment proposals meet the minimum lot standards for the CG-1 designation. [The substandard lot (APN 136-393-15) is a "sliver-shaped" lot located on the southeast corner of the intersection, east and adjacent to the auto repair shop (see Attachment 3) . ] GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM:#8 BEARING DATE: January 25, 1994 Pag• 7 The proposed drive-thru restaurant meets all of the Development Code standards for the CG-1 and the district specific standards for drive-thru restaurants in terms of site layout and design. COMPATIBILITY The both amendment proposals and the proposed drive-thru restaurant are compatible with the surrounding area and uses. The majority of the Alternative amendment site is already developed with commercial uses. The surrounding area consists of some vacant land and industrial and commercial heavy uses for which the existing, proposed and future commercial uses will provide commercial services. COMMENTS RECEIVED SAN BERNARDINO COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES (DENS) DEHS comments stipulate that the applicant shall submit plans to DEHS for their review. SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT The District stipulates that prior to construction of the project, school facility fees (as established by the Board of Education) shall be paid. CITY'S TRAFFIC DIVISION The Traffic Engineer's comments indicate that all proposals relative to the project do not meet the minimum criteria for a traffic study. The additional trips from the proposed project are not sufficient to cause a significant impact on the adjacent street system. PATRICIA GREEN, VANIR DEVELOPMENT COMPANY In her letter of January 5, 1994, Ms. Green was concerned because property owners adjacent to the site for the drive-thru restaurant and general plan amendment (applicant's amendment proposal) had not yet received notification of the project. An informational letter which described the applicant's amendment and project and the Alternative amendment was sent to the property owners (of lots within the Alternative amendment site) on December 6, 1993. The GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM08 HEARING DATE: January 25, 1994 Page 8 E/DRC reviewed the Initial Study and the project plans on December 9, 1993. The Notice of Preparation for the Negative Declaration was published in the San Bernardino County Sun Classified Ads Section on December 16, 1993. The ad included a description of all elements of the project and the 21 day CEQA public review period which began on December 16, 1993 and ended on January 5, 1994. During that period, the Initial Study and project files were available for public review and comment. It should be noted that pursuant to State law, the project was not required to have a public hearing prior to the Planning Commission's review. Ms. Green's primary concern is that the Alternative amendment does not include 2 parcels (APNs 136-391-37 & 38 - both owned by Vanir Development Company. The 2 parcels are located east and adjacent to the northeast portion of the Alternative amendment site and contain about 8.8 acres of land. During staff's land use survey for the Alternative proposal, the 2 lots in question were reviewed for inclusion in the amendment. The purpose of the Alternative amendment proposal is to create commercial node at the Mill Street/Waterman Avenue intersection that will serve the surrounding industrial areas. Coincidentally, the Alternative amendment will make the existing non-conforming commercial uses (within the Alternate site) conforming, permitted uses under the CG-1 designation. Approval of the Alternative proposal also would preclude the approval of a "spot zoning" such as the applicant's proposal. As such, the properties included in the Alternative amendment site are largely comprised of lots developed with sxisting commercial uses. There are 3 vacant lots included in the Alternative site which total 2.03 acres - less than 16 percent of the total site. The small amount of acreage limits the development potential of the vacant land. It should be noted that 1 of the 3 vacant lots is the 0.5 acre site for the proposed drive-thru restaurant. Staff's review indicated that inclusion of the 2 parcels would result in an intense commercial area (rather than a node) of about 21.52. acres. The development potential of 8.8 acres under the CG- 1 could result in the establishment of some fairly intense commercial uses in conjunction with the existing commercial uses on the Alternative site. The floor area ratio (FAR) for the CG-1 is 0.75 which calculates into 287,496 square feet of commercial space on 8.8 acres. The 2 parcels in question are situated between the Alternative site (proposed as CG-1) and vacant land in the IL, Industrial Light district. North and adjacent is a commercial storage and equipment GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM: #8 BEARING DATE: January 2S, 1994 Page 9 rental operation in the OIP district. As such, a proposal for redesignation of the 8.8 acres should evaluate the appropriateness of the CG-1, IL or OIP designation. CONCLUSIONS The applicant's amendment proposal for a single parcel is not consistent with the General Plan because it would result in the creation of commercial area containing a single commercial use. In addition, it would result in a disjointed land use pattern and is inconsistent with General Plan Goal 1G(i) . The Alternative amendment proposal is consistent with General Plan and General Plan Goal 1G(i) because it would result in the creation of a commercial node containing a diversity of commercial retail and service uses. It is also consistent with General Plan Policy 1.3.8 which encourages that commercial services be available to short-term users either visiting the City or enroute to or from the San Bernardino Mountains. The Alternative amendment proposal would make the existing commercial uses permitted and conforming under the CG-1 designation. The proposed drive-thru restaurant is not permitted in the existing OIP land use designation but is permitted in the proposed CG-1 designation (either amendment proposal) with an approved CUP. The proposed drive-thru restaurant meets all applicable Development Code standards and design guidelines. RECOMMENDATIONS Staff recommends that the Planning Commission recommend to the Mayor and Common Council the: 1. Adoption of the Negative Declaration; 2. Approval of Staff's Alternative amendment proposal for General Plan Amendment No. 93-04 as shown on Attachment 2 and based on the attached Findings of Fact (Attachment 4) ; and, GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM: #8 HEARING DATE: January 25, 1994 Page 10 3. Approval of Conditional Use Permit No. 93-24, based on the attached Findings of Fact (Attachment 8) , subject to the attached Conditions of Approval (Attachment 9) and Standard Requirements (Attachment 10) . Respect lly witted, A o r Plann Buildi ices Deborah Woldruff ssociate Planner ATTACHMENTS: 1. Site Vicinity and General Plan Land Use Designation Map 2. Staff Alternative Amendment Site 3. Staff Alternative Amendment Site Existing Land Use Survey 4. General Plan Amendment Findings of Fact 5. Development Code and General Plan Conformance (CUP No. 93-24) 6. Site Plan (for CUP No. 93-24) 7. Floor Plan and Elevations (CUP No. 93-24) S. Conditional Use Permit Findings of Fact 9. Conditions of Approval for CUP 93-24 10. Standard Requirements for CUP 93-24 11. Letter (dated January 5, 1994) 12. Initial Study (Exhibits not included) ATTACHMENT 1 - SITE VICINITY AND GENERAL PLAN LAND USE DESIGNATION MAP AND ATTACHMENT 2 - GENERAL PLAN AMENDMENT PROPOSAL ALTERNATIVE SITE NOT INCLUDED - SEE EXHIBITS 1 AND 2, RESPECTIVELY EXISTING LAND USE SURVEY ALTERNATIVE SITE GG COMMERCIAL STORAGE & VEMICAL RENTAL VACANT GAG Q� RETAIL CENTER C7 VACANT i VACANT BLDG I GAS STATION VACANT VA4 ANT b CONV STORE PROPOSED RESTAURANT MILL STREET CUP 93-24 SITE AUTO VELDIN ? RETAIL CENTER REPAIR W INDUSTRIAa VACANT C ENTER Z Q 2 COMMERCIAL STORAGE c. W Q 3 N ATTACHMENT #4 GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM: 7#'8 BEARING DATE: January 25, 1994 Page 1 FINDINGS OF FACT FOR GENERAL PLAN AMENDMENT NO. 93-04 A. Applicants Proposal (Negative Findings) 1. The proposed amendment to change the 0.52 acre project site for CUP No. 93-24 from OIP, Office Industrial Park to CG-1, Commercial General is not consistent with the General Plan [Goal 1G(i) ] in that it will create a small, isolated single use commercial district. 2. The proposed amendment could be detrimental to the public interest, health, safety, convenience, or welfare of the City in that it would result in a disjointed pattern of land use. 3. The proposed amendment would create an isolated, single use, commercial parcel surrounded by nonconforming commercial uses in the OIP, Office Industrial Park district and as such, would do little to support the balance of land uses in the City. 4. The 0.52 acre site is suitable for the proposed drive- thru restaurant use (CUP No. 93-24) but physically limited to be a commercial district. The site could not support a diversity of retail and commercial uses that would be needed to provide services to the surrounding uses which are largely office and light industrial uses. B. Staff's Alternative (Positive Findings) 1. Staff's amendment proposal to change the land use designation from OIP, Office Industrial Park to CG-1, Commercial General on approximately 12.72 acres is internally consistent with the General Plan [Goal 1G(i) ] in that it will create a commercial node which contains a diversity of commercial retail and service uses on the Waterman Avenue/OIP corridor. 2. The Alternative amendment proposal would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. that the area already contains existing commercial uses that would be made conforming and any conflicts associated with the establishment of the drive-thru restaurant use (CUP No. 93-24) have been minimized through project review. ATTACHMENT #4 CONDITIONAL USE PERMIT NO. 93-24 AND GENERAL PLAN AMENDMENT NO. 93-04 AGENDA ITEM: #8 HEARING DATE: Januarp 25, 1994 Pag•2 3. The Alternative amendment to change the land use desigantion on 12.72 acres from OIP, Office Industrial Park to CG-1, Commercial General would enhance the balance of land uses in that existing and proposed development on the site would provide commercial retail and services for the Waterman Avenue/OIP corridor. 4. The 12.72 acre site is physically large enough for uses permitted in the CG-1, Commercial General land use designation and all parcels have or will have adequate access to either Mill Street or Waterman Avenue. Attachment (CUP No. 93-24) MUNICIPAL IDEVE PMENT) CODE AND GENERAL PLAN CONFORMANCE Category Proposal Municipal General Plan Code Proposed Restaurant *CG-1, w/ an *CG-1, w/ an Use w/ Drive- approved CUP approved CUP Thru Window Setbacks: Front >10 feet 10 feet N/A Side (east) >10 feet 10 feet N/A Side (west) <10 feet 0 feet N/A Rear <10 feet 0 feet N/A Parking 29 Spaces (Min. ) 29 N/A Spaces Spaces Handicapped 2 Spaces (Min. ) 2 N/A Spaces (1 van sp) Spaces Landscaping 38% (Min. ) 15% N/A * The restaurant use (w/ drive-thru window) is not permitted in the existing OIP, Office Industrial Park land use designation. The project includes a request to change the General Plan land use designation from OIP to CG-1 to accommodate the proposed use. Ae v = i a O B t a ® A R 3 �� C O i bo m . 3 > m i --_•- - -i to w O • s• 1. —4 l� 1 1 l-1 �¢ .♦ z t.r.L •� „� ' Zr ZA tf �— •� sj �= A_= WATERMAN AVENUE ' -- o ;ta; no �: $tom lllIl fit" sits ' ti������. 1; •� � = Ell`. Vicky's Restauraat SOZ S.Waterman Ave. s o ■ ■ ■ ■ f _� San Bernardino,CA ..� • �•--ter- • ] � ; i � •aAV tM=21eM 'S ZOS I I I � 'aLm=sa'H s,AOlA l Il l l 1, , F � - -- - ---�-A--mot = O I Wi I ! Q� OI ZI L • I: I- i r r I` o El Z - - - I - z; of = z °! o ~i <! _ ® t- II >i �_ W .. ® > Ii WI Ji W JI W ` J W I _ -� i W °, sib • } } � f + aol z. � ; • � � � 3i � ' ' � Wi G of <, Uyii Y:GOOC20^; •0O C T1)T i CONDITIONAL USE PERKIT FINDINGS OF FACT (CONDITIONAL USE PERKIT NO. 93-24) 1. The proposed drive-thru restaurant use is conditionally permitted within, and would not impair the integrity and character of, the CG-1, Commercial General district and complies with the applicable provisions of the Development Code; 2. The proposed drive-thru restaurant use is consistent with the General Plan in that it is a conditionally permitted use in the CG-1, Commercial General land use designation; 3. The approval of the Conditional Use Permit for the proposed drive-thru restaurant use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and 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 in that the project has been evaluated in accordance with CEQA and no significant environmental impacts were found; 5. The location, size, design, and operating characteristics of the proposed drive-thru restaurant use are compatible ' with the existing and future land uses within the general area in which the proposed drive-thru restaurant 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 in that the existing uses, which consist of vacant parcels, commercial and service retail, restaurant, gasoline service station and auto repair uses, share similar characteristics relating to intensity of use; 6. The site is physically suitable for the proposed drive- thru restaurant use in that the applicable Development Code standards are met pending adherence with the Conditions of Approval and Standard Requirements; and, ATTACHMENT#8 GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM: #8 HEARING DATE: January 25, 1994 Page 2 7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed drive-thru restaurant use would not be detrimental to public health and safety in that the project has been reviewed by the affected City departments and public agencies. ATTACHMENT #9 GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM: #8 HEARING DATE: January 25, 1994 Page 1 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 93-24 1. Construction shall be in substantial conformance with the plan(s) approved by the Planning Commission. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority, if applicable. a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; C. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the ' previously approved theme; and, d. An increase or reduction in density or intensity of a development project. 2. Within two years of development approval, commencement of construction of shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. Projects may be built in phases if preapproved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to have occurred or the permit/approval shall become null and void. Project: Conditional Use Pernit Ito. 93-24 Expiration Date: January 25, 1996 3. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant one time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. ATTACHMENT #9 GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM: #8 HEARING DATE: January 25, 1994 Page 2 4. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action, or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorney's fees which the City may be required by the court to pay as a result of such action, but such participation shall not relieve the applicant of his obligation under this condition. 5. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs, off-street parking and off- street loading; and, vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. This requirement also includes any applicable Land Use District Development Standards for residential, commercial and industrial developments regarding minimum lot area, minimum lot depth and width, minimum setbacks, maximum height, maximum lot coverage, etc. 6. The applicant shall comply with all requirements of the San Bernardino County Department of Environmental Health Services (DENS) , as applicable. 7. This project (CUP 93-24) shall be required to maintain a minimum of 29 standard off-street parking spaces as shown on the approved plan(s) on file. ATTACHMENT #9 GENERAL PLAN AMENDMENT NO. 93-04 AND CONDITIONAL USE PERMIT NO. 93-24 AGENDA ITEM:#8 HEARING DATE: January 25, 1994 Page 3 8. Prior to submittal for Building Permits, the applicant shall submit a corrected site plan- (5 copies) to show the addition of a protective curbing (minimum width and height of 6 inches) at the north end of the parking row located east and adjacent to the proposed drive-thru restaurant building. 9. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: xx_ Public Works (Engineering) Department xX Building Services Division of the Planning and Building Services Department Xx Water Department x _ Fire Department xx _ Police Department x Refuse Division, Public Services Department _STANDARD RE UIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 93-24 CITY ENGINEER AGENDA ITEM HEARING DATE / PAGE NO. NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is responsible for submitting the Engineering plans directly to the Engineering Division. They may be submitted prior to submittal of Building Plans. Drainage and Flood Control 1. All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. 2. Applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. 3. An Erosion Control Plan shall be approved by the City Engineer prior to grading plan approval. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. Grading 9. If more than 1' of fill or 2' of cut is proposed, the site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer in advance. S. If more than 5,000 cubic yards of earthwozk is proposed, a grading bond will be required and the grading shall be supervised in accordance with Section 7012(c) of the Uniform Building Code. 6. An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.09-167 of the Municipal Code(See "Grading Policies and Procedures"). The on-site Improvement Plan shall be approved by the City Engineer. Page 1 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 93-24 CITY ENGINEER AGENDA ITEM #8 _ HEARING DATE 01 PAGE N0. 7. The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 4 copies to the Engineering Division for Checking. S. 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 easement and covenant will be prepared by the Public Works/Engineering Department - Real Property Section for execution by the property owner and shall ensure that , if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount of $200.00 shall be paid to the Real Property Section to cover processing costs. This easement and covenant shall be executed by the property owner prior to plan approval unless otherwise allowed by the Director of Public Works/City Engineer. Utilities 9. Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV. 10. Existing and proposed utility services shall be placed underground and easements provided as required. 11. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer. Streetlmprovement 12. Driveway approaches shall be modified to conform to City Standard No. 204, Type II, and shall be constructed to match on-site drive aisles. 13. Remove existing driveway approaches that are not to be reused with the project and replace with full height curb, gutter and sidewalk to match existing adjacent construction. 14. The proposed driveways onto both Mill Street and Waterman Avenue shall be designated right turn only for exiting traffic. Use Caltrans Std. Sign R18-2. Page 2 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 93-24 CITY ENGINEER AGENDA ITEM HEARING DATE 5 PAGE NO. 3 15. Install R10(right) in the street median opposite each driveway. Reauired Engineering Permits 16. Grading permit(If applicable.). 17. On-site improvements construction permit(except buildings - see Planning and Building Services), including landscaping. 18. off-site improvements construction permit. ADDlicable Engineering Fees(fees subiect to change without notice) 19. Plan check and inspection fees for off-site improvements - 4% and 4%, respectively, of the estimated construction cost* of the off-site improvements. 20. Plan check and inspection fees for on-site improvements(except buildings - See Planning and Building Services) - 2% and 3%, respectively, of the estimated construction cost* of the on-site improvements, including landscaping. 21. Plan check and inspection fees for grading If t g permit required) - Fee Schedule available at the Engineering Division Counter. 22. Drainage fee in the approximate amount of $2,871.00. 23. Traffic system fee in the estimated amount of $26,230.00. Exact amount shall be determined by the City Traffic Engineer at time of application for Building Permit. 24. Sewer Connection fee in the approximate amount of $205.00. 25. Sewer inspection fee in the amount of $17.30 per connection. 26. Street or easement dedication processing fee in the amount of $200.00 per document. !Estimated construction cost is based on schedule of unit prices on file with the City Engineer. Page 3 CITY OF SAN BERNAI_ .INO PLANNING CASE C I� � D- Z� AND BUILDING SERVICES DEPARTMENT AGENDA ITEM STANDARD REQUIREMENTS HEARING ASE Oi/25/94 BUILDING AND SAFETY DIVISION Submit plans prepared by a Registered Building Architect or Civil or Structural Engineer. Submit a complete lateral and structural analysis prepared by a Registered Civil or Structural Engineer or Architect. Submit State of California Title 24 Energy Calculation Forms for , non-residential buildings including a signed compliance statement. / Submit calculations and structural drawings,g prepared by a Registered Civil Structural Engineer or Architect, Ferw Be advised that the subject building is an unreinforced masonry building (URM) as defined by State law and as identified in a study done by the City dated January 1990. Notice that this building was a URM building was mailed to all URM owners in April 1990. At some time in the future, the owner will be required to do a detailed structural analysis for the purpose of determining the degree of structural deficiencies, submit structural plans showing correction of the structural deficiencies, obtain building permits, and complete the structural upgrading. a. It is recommended that before significant cosmetic improvements are made that some thought be given to doing the seismic structural upgrading first or consideration be given to doing the cosmetic improvements in such a way so as to minimize or avoid redoing the proposed cosmetic improvements in the future. b. Based upon the structural changes and/or add-ons to the building (such as adding mechanical equipment, mansard roof; other additional weight that must be restrained laterally) , submit a structural analysis certifying that the changes and/or add-ons being proposed to the building makes the building no more hazardous than without the proposed changes and/or o°�iaW iwn.osi'.a° �tA1FL10 W1ol CITY OF SAN BERNAI INO PLANNING CASE GP,, 93-04/CUP 93-24 AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #8 STANDARD REQUIREMENTS HEARING DATE 01 /25/94 add-ons. If such analysis and certification cannot be made, then the building must be seismically upgraded prior to occupancy of the building. C. As defined by the building code, this project is a change of occupancy classification and/or intensification of use that requires this building to be seismically upgraded prior to occupancy. Submit floor plan of existing structure. Label all uses and existing materials of construction. Submit four (# complete sets of construction plans including: a, Copy of conditions. qjj� Soils and liquefaction report. r-. Energy Calculations. .) Structural calculation. Submit a preliminary (taivft) (soils and grsi"p 40ift liquefaction analysis) report prepared by a person licensed to do so. Submit a single line drawing of the electrical service. Show all equipment, conduit and wire sizes and types. Show the service ground size and grounding electrode. Submit panel schedule(s) and electrical plans. Permit required for demolition of existing building(s) on site,S t- Aw`(a submit a plan of the heating, ventilating or air conditioning system. (Clearly identify the location and rating of the equipment and the sizes and material of all ducts, registers and the location of all fire dampers) . Show means of providing mechanical ventilation as required by the 1991 Uniform Building Code. Submit gas pipe loads, sizing calculations and isometrics. 'tAWL10 INDI CITY OF SAN BERNAR .NO PLANNING CASE G1 93-04/CUP 93-24 AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #� STANDARD REQUIREMENTS HEARING PAGE 0137 Provide a plot plan showing the location of the proposed sewer system. Submit a letter clearly indicating the intended use of all areas of the building. List the materials to be used and the projects produced giving the amount of each kept in the building. If the building is used of more than one purpose, list all other uses. • / Submit isometric plans of the cold and hot water and drain waste and vent systems. r Show compliance with Title 24 for the physically handicapped in the following: F-KITK.AW(F- -� �z:;��-, ,=,;;Ir.1G DiNI q-0; +--r '-�uc �µF • Submit plans approved by the County Health Department. Indicate methods of compliance for sound attenuation (exterior, interior party walls, floor/ceiling assembly, ceiling) as per study, U.H.C. , local or State Law. Show compliance with requirements of high fire areas. For structures located within high wind areas: a. Design structure, including roof covering, using p.s.f. wind load. City of San Bernardino named as certificate holder for Worker's compensation Insurance. Assessor's Parcel Number. Contractor's City license. Contractor's State license. Sewer capacity rights from Water Department, 384-5093, Neil Thomsen. sn wnw .rwo�11O°a�.as PLM-Llo 1�) �r CITY OF SAN BERNARUINO PLANNING CASE GPA 93-04/CUP 93-24 AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #8 STANDARD REQUIREMENTS HEARING AAGE 01/25/94 / School fees from Unified School District, 381-1179. Fire Sprinklers Required: Plans for fire sprinklers shall be submitted to Fire Dept. and approved prior to installation. No building inspections shall be performed beyond "framing and ventilation" until fire sprinkler plans are approved. Other: CK, Deposit: ruwa�o ,•.,M Bernardino City Water Departme,. STI ,DARD REQUIREMENTS Review of Plans:# CUP 93-24 and GPA 93-04 Date: Location: SWC of Waterman and Mill Street Approved: _ Type of Construction: -- Cons t. a drive-throug restaurant Denied: Owner/Developer: Larcon Development, Inc. Continued: ENGINEERING: Name: Date: �.S. I. 2--size of Main Adjacent tot ' Project �2 Pressure Regulator Required on Customer's Side on the Meter. Off-site Water Fa ilities R wired to Meet Peak Flow Demand. Comments: ryk subject to the Rules&Regulations of the Water Department in effect at the time of Application for Water Service. This Area is Serviced by East Valley Water District and All Fees/Conditions will be Determined by their Engineering Department. VATER GUALITY CONTROL DEPARTMENT: Name:„ Date: R.P.P. Backflow Device Required at Service Connection. Double Check Backflow Device Required at Service Connection. Air Gap Required at Service Connection. No Backflow Device Required. NVIRONMENTAL CONTROL OFFICER: Na rr Date: - - Industrial Waste Permit Required by Environmental Contr Officer:** Grease Trap Required by Environmental Control Office = 177 iv�2 Pre-treatment Required by Environmental Control Officer. �r- No Regenerative Water Softeners May be Installed Without Prior Approval. proved by Environmental Control Officer. :WER CAPACITY INFORMATION: Name: /V e VALSCn Date: 11/17/1.3 No Sewer Capacity Fee Applicable at This Time. C Sewer Capacity Fee Must Be Paid to the City Water Department for the Amount of Gallons Per Day. Equivalent Dwelling Units: IV-38 Subject to Recalculation of Fee Prior to the Issuance of Building Permit. Proof of Payment Must be Submitted to the Building&Safety Department Priorto Issuance ofthe Building Permit. Breakdown of Estimated Gallons Per Day: 7t n-�:n'aL 7r 1 w; W i CA4 •.,i 6-r U; rc�l1 „ {t! 11 Off"tllqv, rAj �4 a+. a on.-MONO WAT10.04 s.. ctww..rw.,.c si..ces CITY OF SAN BERNARDINO Cas _1__7 STANDARD REQUIREMENTS Hearing Date I/-19-f7 �Reviewed By FIRE DEPARTMENT REQUIREMENTS GENERAL REQUIREMENTS: Provide one extra set of construction plans to Building and Safety for Fire Department use at time of plan check. Contact Fire Department for specific or detailed requirements- IMPORTANT. The developer shall provide for adequate Fire Flow as computed by the Fire Prevention Bureau.Fire Flow shall be based on square footage.construction features and exposure information as supplied by the developer and may betaken from two hydrants.The must be available prior to placing combustible materials on site. ACCESS: Provide two separate.dedicated route-,of ingress/egress to the property entrance.The routes shall be paved.all-weather. Provide an access roadway to each building for fire apparatus.Access roadway shall have an all-weather driving surface of not less than 20 feet of unobstructed width. Extend roadway to within 150 feet of all portions of the exterior walls of all single-story buildings. Extend roadway to within 50 feet of the exterior walls of all multiple-story buildings. ,Pm::Z,Provide"No PARKING"signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less than the required width.Signs are to read"FIRE LANE-NO PARKING"(All caps)."M.C.Sec. 15.16." Dead-end streets shall not exceed 500 feet in length and shall have a minimum 35 foot radius turnaround. The names of any new streets(public or private)shall be submitted to the Fire Department for approval. SITE: All access roads and streets are to be constructed and usable prior to combustible construction. Private fire hydrants shall be installed to protect each building located more than 150 feet from the curb line.No fire hydrant should be within 40 feet of any exterior wall.The hydrants shall be Wet Barrel type.with one 2 IR inch and one 4 inch outlet.and approved by the Fire Department.Fire hydrants are to be protected form damage by providing suitable traffic barren.The area around the fire hydrant shall be designated as a"NO PARKING"zone by painting an 8 inch wide.red stripe for IS feet in each direction in front of the hydrant in such a manner that it will not be blocked by parked vehicles. Public fire hydrants shall be provided along streets at 300 feet intervals for commercial and multi-residential areas and at 500 feet intervals for residential areas.Installation shall conform to City specifications and be installed prior to combustible construction or storage. PR0VIDE F A Or pit , F/ F /YYO R AST &W TrYcl-' BUILDING: Pgo Tfz.r SiOE 4/' V4*A`�9W 6,r,W, eoRAk-4 44reX&..jW11Weee) XAddress numerals shall be installed on the building at the front or other approved location in such a manner as to be visible from the frontage street.Commercial and multi family shall be six inch.single family shall be 4 inch.The color of the numerals shall contrast with the color of their background. Identify each gas and electric meter with the number of the unit which it services. Fire extinguishers must be installed prior to the building being occupied.The minimum rating for any fire extinguisher is 2A 10 B/C.Minimum distribution of fire extinguishers must be such that no interior pan of the building is over 75 feet travel distance from a fire extinguisher. Apartment houses with more than 15 units or hotel(motel)with 20 or more units three or more stories in height shall be equipped with automatic fire sprinklers. All buildings.other than residential over 5.000 square feet.shall be provided with an automatic fire sprinkler system.designed to NFPA standards. Submit plans for the fire protection system to the Fire Department prior to beginning construction on the system. Tenant improvements in all sprinklered buildings arc to be approved by the Fire Department prior to construction. Provide an automatic fire alarm fm4uired throughout).Plan must be approved by the Fire Department.prior to installation. Fire Department connection to)sprinkler system/standpipe system)shall be required at curb lime. NOTE:The applicant must request.to writing.any change in these or other requirements. ADDITIONAL INFORMATION: F/a 170 44.901 FIRE-1.10 u.• a 1- r""'No m GrAr wiwn�G rhnc[t CITY OF BAN BERNARDINO BTANDARD QOIREMENTB - POLICE DEVELOPMENTAL/ENVIRONMENTAL REVIEW CoXX TTEE CABS 9 - Z y DATE COMMERCIAL OR INDUSTRIAL VVILDING8 The following special provisions shall apply to all new commercial or industrial buildings or those with 50% improvement or alteration: Garage-type doors A. Garage type doors which are either rolling overhead, solid overhead, swinging, sliding, or accordion style doors shall conform to the following standards: 1. wood doors shall have panels a minimum of - five- sixteenths (5/16) inch in thickness with the locking hardware being attached to the support framing. 2. Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of eighteen (18) inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot or pedestrian access door framing within three (3) inches or the strike area of the pilot or pedestrian access door. 3. Fiberglass doors shall have panels a minimum of six (6) ounces per square foot from the bottom of the door to a height of seven (7) feet. Panels above seven (7) feet and panels in residential structures have a density of not less than five (5) ounces per square foot. B. Where sliding or accordion doors are used, they shall be equipped with guide tracks which shall be designed so that the door cannot be removed from the track when in the closed and locked position. C. Doors that exceed sixteen (if) feet in width shall have two (2) lock receiving points, one located on each side of the door. Doors not exceeding sixteen (16) feet shall have one lock receiving point placed on either side of the door. A single bolt may be used in the center of the door with the locking point located either in the floor or door frame header. D. All overhead or swinging doors shall be equipped with Standard Requirements - Police Commercial/Industrial Page 2 slidebolts which shall be capable of using padlocks with a minimum nine-thirty-seconds (9/32) inch shackle. I. The entire slidebolt assembly shall be constructed of case-hardened steel and shall have a frame a minimum of . 120 inches in thickness, and a bolt diameter a minimum of one-half (1/2) inch, and shall protrude at least one and one-half (1 1/2) inches into the receiving guide. 2. Slide bolt assemblies shall be attached to the door with bolts which are nonremovable from the exterior. Rivets shall not be used to attach such assemblies. E. Padlocks used with exterior mounted slide bolts shall have a hardened steel shackle a minimum of nine-thirty- seconds (9/32) inch in diameter with heel and toe locking and a minimum five' (5) pin tumbler operation. The key shall be nonremovable when in an unlocked position. F. Doors using a cylinder lock shall have a minimum five (5) pin tumbler operation with the bolt or locking bar extending into the receiving guide a minimum of one (1) inch. G. Pedestrian access doors contained in garage type doors shall comply to the standards set forth in the below section. Windows/Locke/Doors (including eli q Glass) : The following requirements must be met for windows, locks, doors (including sliding glass) : A. All movable windows and sliding glass doors shall be constructed and/or equipped so as to prevent them from being lifted out of their tracks when in the closed position. B. Louvered windows shall not be used when any portion of the window is less than twelve (12) feet vertically or six (6) feet horizontally from an accessible surface or any adjoining roof, balcony, landing, stair tread, platform, or similar structure. A. Swinging exterior glass doors, wood or metal doors with glass panels, solid wood or metal doors, shall be constructed or protected as follows: Standard Requirements - Police Commercial/Industrial Page 3 1. Wood doors shall be of solid core construction with a minimum thickness of one and three-fourths (1 3/4) inches. Hollow metal doors shall be constructed of a minimum equivalent to sixteen (16) U.S. gauge steel and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed; such reinforcement being able to restrict collapsing of the door around the locking device. 2. Except when double cylinder deadbolts are used or safety glazing is required by Chapter 54 of the Uniform Building Code, any glazing installed within forty (40) inches of any door locking mechanisms shall be constructed or protected as follows: a. Fully tempered glass or rated burglary resistant glazing, or b. Iron or steel grills of at least one-eighth (1/8) inch mesh secured with nonremovable bolts on the inside of the glazing may be used; and framing for iron or steel grills shall be by one (1) inch by one-fourth (1/4) inch flat metal secured by nonremovable bolts, or C. The glazing shall be covered with iron or steel bars of at least one-half (1/2) inch round or one inch by on-fourth (1 x 1/4) inch flat metal, spaced not more than five (5) inches apart and secured with nonremovable bolts. d. Items b and c above shall not interfere with the operation of opening windows if such windows are required to be openable by the .. Uniform Building Code. B. All swinging exterior doors with the exception of aluminum frame swinging doors shall be equipped as follows: 1. A single or double door shall be equipped with -a double or single cylinder deadbolt. The bolt shall have a minimum projection of one inch and be constructed so as to repeal cutting tool attack. The deadbolt shall have an embedment of at least three-fourths (3/4) inch into the door jamb/strike. Standard Requirements - Police Commercial/Industrial Page 4 The cylinder shall have a cylinder guard, a minimum of five (5) pin tumblers, and shall be connected to the inner portion of the lock b y connecting screws of at least one-fourth (1/4) inch in diameter. All deadbolts will be equipped with a locked indicator. Exposed installation screws on double cylinder deadbolts shall be nonremovable. The provisions of this subsection do not apply where (1) panic hardware is required, or (2) an equivalent device is approved by the enforcing authority. Locking devices shall be mounted at a height of not less than thirty (30) nor more than fort-four (44) inches above the finished floor. 2. Hinges for outswinging doors shall be equipped with nonremovable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins. 3. whenever a mail slot is located within forty (40) inches of the primary locking device on any exterior door it shall be covered by an interior hood which will discourage manipulation of the f primary locking device. 4. Strikeplates shall be constructed of minimum sixteen (16) U.S. gauge steel, bronze or brass, a minimum of three and one-half (3 1/2) inches in length and secured to the jamb with screws a minimum of two and one-half (2 1/2) inches in length. C. All exterior double doors shall be equipped as follows: 1. The inactive leaf of double doors shall be equipped with automatic releasing metal flushbolts having a minimum embedment of five-eighths (5/8) inch into the header and threshold of the door frame or by pants hardware which contains a minimum of two (2) locking points, one located at the header, the other at the threshold of each door. 2. Double doors shall have a full-length astragal, constructed of steel a minimum of .125 inch thick which will cover the. opening between the doors. The astragal shall be a minimum of two (2) inches wide, and extend a minimum of one inch beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by means of welding or with Standard Requirements - Police Commercial/Industrial Page 5 nonremovable bolts spaced apart on not more than ten (10) inch centers. D. Aluminum frame swinging doors shall conform to the following: 1. The jamb on all aluminum frame swinging doors shall be so constructed or protected to withstand one thousand six hundred (1, 600) pounds of pressure in both a vertical distance of three (3) inches and a horizontal distance of one (1) inch each side of the strike so as to prevent violation of the strike. 2. Aluminum frame swinging doors shall be equipped with a two-point locking mechanism consisting of deadbolt having a minimum bolt projection of one and one-half (1 1/2) inches, or a hook shaped or similar bolt that engages the strike sufficiently to prevent spreading and a metal automatic releasing threshold bolt having a minimum embedment of five-eighths (5/8) inch into the floor. The deadbolt lock shall have a minimum of five (5) pin tumblers and a cylinder guard and shall be equipped with a locked indicator. i E. Panic hardware, whenever required by the Uniform Building Code or Title 24 of the California Administrative Code, shall be equipped and installed- as follows: 1. Panic hardware shall contain a minimum of two (2) locking points on each door, one located at the head, the other at the threshold of the door, or 2. On single doors, panic hardware may have one locking point which is not to be located at either the top or bottom rails of the door frame. The door shall have an astragal constructed of steel .125• inches thick which shall be attached with nonremovable bolts or welded to the outside of the door. The astragal shall extend a minimum of six (6) inches vertically above and below the latch of the panic hardware. The astragal shall be a minimum of two (2) inches wide and extend a minimum of one (1) inch beyond the edge of the door. 3. Double doors containing panic hardware shall have a full length steel astragal attached to the doors at their meeting point which will close the opening Standard Requirements - Police Commercial/Industrial Page 6 between them but not interfere with the operation of either door. F. Installation and construction of frames and jambs for exterior swinging doors shall be as follows: 1. Door jambs shall be installed with solid backing in such a manner that no voids exist between the strike side of the jamb and the frame opening for a vertical distance of six (6) inches each side of the strike. Finger joints are prohibited. 2. In wood framing, horizontal blocking shall be placed between studs at door lock height for three (3) stud spaces each side of the door openings. Trimmers shall be full length from the heads to the floor with solid backing against sole plates. G. In multiple occupancy office buildings all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors. H. In multiple occupancy buildings, interior walls dividing the individual suites shall not end at the false ceiling but shall continue to the real roof. I. Exterior transoms or windows shall be deemed accessible if less than twelve (12) feet above ground or adjacent to any pedestrian walkway. accessible windows and transoms having a pane or opening exceeding ninety-six (96) square inches, with the smallest dimension exceeding six (6) inches, and not visible from a public or private .thoroughfare shall be protected in the following manner: 1. Fully tempered glass or burglary resistant glazing, or 2. The following window barriers may be used but shall be secured with bolts which are nonremovable from the exterior: a. Interior or exterior steel or iron bars of at least one-half (1/2) inch round or one by one- quarter (1 x 1/4) inch flat metal spaced not more than five (S) inches apart and security fastened, or b. Interior or exterior iron or steel grills of ` at least one-eighth (1/8) inch metal with not I Standard Requirements - Police Commercial/Industrial Page 7 more than a two (2) inch mesh and securely fastened. 3. The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be openable by the Uniform Building Code. J. Roof openings shall be equipped as follows: 1. All skylights on the roof of any building or premises used for business purposes shall be provided with: a. Rated burglary resistant glazing, or b. Iron or steel bars of at least one-half (1/2) inch round or one by one-fourth (1 x 1/4) inch flat metal spaced not more than five (5) inches on center to cross the narrowest dimension of the opening being covered. If the narrowest dimension of that opening exceeds eighteen (18) inches, cross members shall be welded into place, not more than eighteen (18) inches apart beginning with a cross member at the center of the opening. Cross members shall be welded to each and every bar it crosses. The entire bar assembly shall be mounted inside the skylight and shall be attached to the building structure by means of machine bolts spaced not more than sixteen (16) inches apart or attached by means of an equivalent method approved by the enforcing authority, or C. A steel or iron grill of at least one-eighth (1/8) inch metal with a maximum two (2) inch mesh mounted inside the skylight and secured - by bolts which are nonremovable from the exterior. d. These requirements do not apply on any structure with a height of thirty-five (35) feet or more where there is no readily available roof access as determined by the enforcing authority. 2. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows: Standard Requirements - Police Commercial/Industrial Page 8 a. If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen (16) U.S. gauge sheet steel or its equivalent, attached with screws. b. The hatchway shall be secured from the inside with a slide bar or slide bolts which are attached by nonremovable bolts. C. Outside hinges on all hatchway opening shall be provided with nonremovable pins when using pin type hinges. 3. All air duct or air vent openings exceeding ninety- six (96) square inches on the roof or exterior walls of any commercial building shall be secured by covering same with either of the following: a. Iron or steel bars of at least one-half (1/2) inch round or one by one-fourth (1 x 1/4) inch flat metal spaced no more than five (5) inches apart and securely fastened, or b. Iron or steel grills of at least one-eighth (1/8) inch metal with a maximum two (2) inch mesh and securely fastened, or C. If the barrier is on the outside, it shall be secured with bolts which are nonremovable from the exterior. d. The above must not interfere with venting requirements, creating potentially hazardous conditions to health and safety, or conflict with the provisions of the Uniform Building Code or Title 19, California Administrative Code. K. Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of ten (10) feet. This covering shall bd locked against the ladder with a case hardened hasp, secured with nonremovable screws or bolts and a padlock with a minimum three-eighth (3/8) inch hardened steel shackle, locking at both heel and toe, and a minimum five (5) pin tumbler operation with nonremovable key when in an unlocked position. Hinges on the cover will be provided with nonremovable pins when using pin-type hinges. Standard Requirements - Police Commercial/Industrial Page 9 L. A building located within eight (8) feet of utility poles, trees, or similar structures which allow access to the building's roof, windows, or other openings shall have such access area barricaded or fenced with materials to deter human climbing. M. The following standards for lighting and address markings shall apply to commercial buildings: 1. The address number of every commercial building shall be located and displayed so that it shall be easily visible from the street. The numerals in • these numbers shall be no less than six (6) inches in height and be of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway, or parking lot shall also display the same numbers on the rear of the building. 2. Roof top address numbers shall be provided. They shall be a minimum of three (3) feet in length and two (2) feet in width and of contrasting color to the background. Numbers shall be placed parallel to the street address as assigned. Each building within a commercial complex shall have its own address/assigned number affixed to the roof. 3. All exterior doors shall be equipped with a lighting device which shall provide a minimum maintained one (1) footcandle of light at ground level during hours of darkness. Lighting devices shall be protected by vandal resistant covers. 4. All parking lots and access thereto shall be provided with a minimum maintained one (1) footcandle of light on the parking surface from dusk until dawn. 5. Exterior lighting shall not shine away from subject property. • 6. All exterior lighting devices are to be "shake" proof and inaccessible to common reach or climbing and shall be placed at a height which will fully illuminate an average adult. 7. All parking spaces must be visible from at least one point from the interior of the building. Standard Requirements - Police r Standard Requirements - Police Commercial/Industrial Page 10 N. Interior night lighting shall be maintained in those areas that are visible from the street (ground floors only) . 0. All exterior block wall fencing shall have intervals providing visibility corridors which will allow visibility of the interior from outside the wall, and these visibility corridors shall be placed at regular intervals. This applies only to block walls visible from the street. P. Passenger elevators, the interiors of which are not completely visible when the car door(s) is open, shall have mirrors so placed as to make visible the whole of the elevator interior to prospective passengers outside the elevator. Q. when access .to or within a commercial complex is unduly difficult because of secured openings or where immediate access is necessary for life saving or fire fighting purposes, a key override is to be installed in an accessible location. The key override shall be mastered to both the fire department and police department keys. R. Any structure four (4) stories in height or greater will have a repeater installed in its roof. Additional Requirements: II ` C.0 T G'' 1393 --J �. CITY OF SAN BERNARDINO REFUSE DIVISION DRC/ERC REQUIREMENTS TRANSMITTAL TO: PLANNING AND BUILDING SERVICES Project Planner 111.,az 1AIt fZ4,v ir DATE: Project No. V'4y BY: /C•/7� rr� GERM" - The City of San Bernardino Public Services Department is responsible for proper collection, disposal, and recycling of solid waste and by-products generated within the city. Developments are therefore required to plan for the service arrangements marked below, and establish a refuse account with the Refuse Division by calling (909) 384-5335 prior to the commencement of construction, remodelling, or occupation of this project. Other city-provided containers are available to the applicant's contractor(s) for construction debris as well. Shared containers for multiple commercial or residential occupants must be paid for by a single - --ount. Ultimate responsibility for payment rests on the property owner. Service fc_s will be charged according to those in effect at the time of service. RESIDENTIAL - Refuse and/or recyclable collection will be made at the curb. Development must have ample room for storage of all containers out of street view. ❑ Residents to supply their own 32 gallon maximum containers (limit 3 per unit) . O City to supply one 90 gallon refuse container and possibly one 90 gallon recycling container per detached dwelling unit or pair of multiple units. COMMERCIAL - Refuse and/or recyclable collection will be made from either City-owned or customer-owned containers services by City crews. Container(s) must be kept in enclosure(s) accessible to city trucks as shown on the approved site plan. Container access shall not conflict with loading zones. Enclosure gates may not swing into or directly behind any parking space. Enclosures) shall have a minimum of 6 feet wide by 12 feet long paved, level (less than 2s grade) area in front of gates) for container(s) to be serviced from. Overhead wires, signs, and obstructions shall not be located over container service area(*). Driveway chains must be marked by reflective material. Customer may lock the enclosures) or driveway gate(*) but must either unlock by S:00am on service day(s) or provide a key or gate card. No electronic transmitters will be accepted. Bins may be locked only with standard padlock numbers assigned at start of service account. The following requirements apply if checked: O Truck access not safe or sufficient. Please rearrange as shown on site plan. XTruck access sufficient as shown on site plan. Construct 1 enclosure(s) per standard drawing 508 for commercial/industrial application. Enclosure size "� 4&ft AM "64 0 Construct enclosure(s) per standard drawing 508 with rear pedestrian access added. Pedestrian access to be 60 higher than pavement on which container rests. Enclosure size __ plus pedestrian access.. Additional Cosments eC WALLS, *OUT ALL CELLS SOLID MIN. DIMENSIONS � ROUT CLL BIN SIZE W L 3 CY. V-811 4 CY. 6'- 0" 4'a 6' W0.BUMPER w/ I/2 A.B. 2-3 CY. 6- 6" 15'-0" L 2- 4 CY. g'-0" 15'_ 0.. `l,rL 3 �Y�„L/wIV i 2• I.0 45iFS A N0. 4 bAR 4'2 6'WD. BUMPER FLUSH WITH PAVEMENT w/I/2'A.B. of lu. i- NO 4 EAR 32'O.C. I o1 4,•O. o e (COUNTERSUNK) ' 12'STEEL SLEEVES SEE OETLIL A IN CONCRETE TO • I curb ! CJHC. SLAB w/6�6 SECURE GATES 10/10 w W.F. (CONCRETE CLASS FIN.GRADE 1 AAA ay c VIP S20-C 2500) i 12'STEEL SLEEVE IN te'a 12'0 CONCRETE R0.{ CAR CONT. GATES ( TO SECURE GATES TYP.) . 16• PLAN VI EW _ rt>rc o.F SECTION A-A ' iwl/lt S's S' C G:TE FRAME GATES CHARNEL • * BAR CHANNEL 20a 1'a 3VIS' '0 CROSS BRACING - 1/2' RAIN MOLES 120O.C. -EEL S'a 3's .IBIS IST, WELD CAPS .v 1ND SMOOTH SoaS' M.D BUTT HINGE BY STANLEY TYPE B-24 METAL DECK 1 II( p'CL AR. � 111 )• S PER GATE MELD I _1 � t0 GAUGE, PRIMER COATED TO POSTS • GATE FRAME By VERCO MFG. CC. TACK L � WELD AT TOP • BOTTOM TO 1/2 0 0 GALV. STEEL� 31/2'GALV. STEEL CHANNEL at 12'O.C. CANE BOLT, STANLEY N.O. 04ASP, STANLEY NOTES DETAI L 'A' ND 1:0 (FRONT ELEVAT I ON917 1. ALL WORK SHALL EE DONE IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION , LATEST EDITION. 2. LOCATION SUBJECT TO THE APPROVED DEVELOPMENT PLANS: 3. WITHIN S' OF COMBUSTIOLE CCNSTRUCTION, INSTALL A AUTOMATIC FIRE SPRINKLER G JAL APPROVED BY FIRE DEPT. �j 4. CONCRETE BLOCK WALLS TO BE COMPATIBLE WITH BUILDING EXTERIOR. .ya- Y 5. SPECIFIED MANUFACTURER'S SHOWN OR APPROVED EOUAL. - ;oell OF SAN BERNARDINO PUBLIC WORKS DFPT APPROVED-62 – S ' 8 C' STANDARD r4 O. t�.FU�E ENCLO'Sul-tE a-� 508 ATTACHMENT "11 ' VAIN'IR DEVELOPMENT COMPANY,INC. P.O.Box 310.Yamr .Tower.City Hail Plaza.San Bernardino.California 9:10= Teleohonet9091b8--Q1"" Commerctabindustnai Dc%ciopers•Real Estate Brokers January 5, 1994 JAN 0 5 SSS�+ Ms. Deborah Woldruff CITY Or 4T BEANAAG:"10 DEPARTh1EWT]F Associate Planner BUILDING SEq'v CITY OF SAN BERNARDINO DEPARTMENT OF PLANNING AND BUILDING SERVICES 300 North "D" Street San Bernardino, California 92401 Dear Ms. Woldruff. You will find herewithin comments, concerns and suggestions regarding the environmental impact report which will be used for the General Plan Amendment 39-04 and-Conditional Use Permit 23-04. As adjacent property owners we have yet to receive the notification under the General Plan Amendment 93-04 and Conditional Use Permit 93-24. However, this will confirm we received notification of the Amendment to the General Plan Amendment 93.04 for the increase in zone change to 12.72 acres and of which was received the afternoon of December 9, 1993, certainly l after the meeting of which was the purpose of the notification. Therefore, it is our position that we as property owners were improperly and unreasonably notified. However, this notification did allow us to explore the entire attempted zone change. It is apparent as a result of this proposed Amendment that the 8.8 are parcel, APN 136-391-37 and 136-391-38, borders the property at 12.72 acres and virtually renders this property inconsistent with the zoning of OIP which was intended to create corporate and industrial parks along Waterman Avenue with park- Hke settings and meandering parkways. As a result of this amendment, this property has no access and no frontage on Waterman Avenue leaving us with an improperly zoned property. In addition, as you know the State of California encourages cities to refrain from arbitrary and random patterns of land uses and as you lmow the frontage across the street from this subject property is zoned commerlcial. Our solution to this matter is as follows: LOS .ANGELES • SAN BERNARDINO • SACRAMENTO Ms. Deborah Woldruff Associate Planner CITY OF SAN BERNARDINO DEPARTMENT OF PLANNING AND BUILDING SERVICES January S, 1994 Page Two Permit the EIR for the Conditional Use Permit 93-24 and General Plan Amendment 93-04 to take place on January 6, 1993 provided and with the condition that the City shall agree to initiate an amendment to this General Plan Amendment 93-04 to include this 8.8 acre parcel. Your help in resolving this matter is certainly appreciated. Thank you. Sincerely, V-AMR—D70PMENT COMPANY, INC. dr- �TRICIA GREEN. Administrator PG:ks CITY OF SAN BERNARUoNO PLANNING AND BUILDING SERVICES DEPARTMENT INITIAL STUDY INITIAL STUDY FOR CONDITIONAL USE PERMIT NO. 93-24/ GENERAL PLAN AMENDMENT NO. 93-04 Project Description/Location: The project is to construct a 3, 000 square foot restaurant with a drive-thru window on a 0.52 acre site located at the southwest corner of Waterman Avenue and Mill Street. The proposal includes a request to change the General Plan land use designation from OIP, Office Industrial Park to CG-1, Commercial General to permit the restaurant (with drive-thru) subject to an approved Conditional Use Permit. Also evaluated in this Initial Study is an alternative to the proposed General Plan Amendment. The alternative is to expand the amendment site to about 12.72 acres to include property on each corner of the intersection. Date: November 29, 1993 Prepared for: Larcon Development, Inc. 330 North "D" Street, Suite #110 San Bernardino, California 92401 Prepared by: Deborah Woldruff Associate Planner City of San Bernardino Planning and Building Services Department 300 North "D" Street San Bernardino, CA 92418 mono) PLAN407 PAGE t OF 1 (4401 Conditional use Permit No. 93-24/General "Plan Amendment No. 93-04 Initial Study for Environmental Review Committee Meeting of December 9, 1993 Page 2 A. INTRODUCTION This report is providea by the City of San Bernardino as an Initial Study for Conditional Use Permit No. 93-24 and General Plan Amendment No. 93-04 (which includes the applicant's proposal and staff's alternative) . Section 2 .0 provides a description of the project and site characteristics. As stated in Section 15063 of the California Environmental Quality Act guidelines, the purposes of an Initial Study are to: 1. Provide the Lead Agency with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or a Negative Declaration; 2. Enable an applicant -or Lead Agency to modify a project, mitigating adverse impact before an EIR is prepared, thereby enabling the project to qualify for Negative Declaration; 3. Assist the preparation of an EIR, if one is required, by: (A) Focusing the EIR on the effects determined to be significant, (B) Identify the effects determined not to be significant, and, (C) Explaining the reasons for determining that potentially significant effects would not be significant; 4. Facilitate environmental assessment early in the design of a project; 5. Provide documentation of the factual basis for the finding in a Negative -Declaration that a project will not have a significant effect on the environment; , 6. Eliminate unnecessary EIRs; Conditional Use Permit No. 93-24/General Plan Amendment No. 93-04 Initial Study for Environmental Reviev Committee Meeting of December 9, 1993 Page 3 7. Determine whether a previously prepared EIR could be used with the project. B. PROJECT DESCRIPTION, ALTERNATIVE DESCRIPTION AND BACKGROUND 1. Project Description, Alternative Description and Location Project: The applicant's request (referred to as the Project) is for the approval of a Conditional Use Permit (CUP) to permit the construction of a 3, 000 square foot restaurant with a drive-thru window. . The 0.52 acre project site is located at the southwest corner of Waterman Avenue and Mill Street. The proposal includes a request to change the General Plan land use designation from OIP, Office Industrial Park to CG-1, Commercial General to permit the restaurant (with drive-thru) use subject to an approve Conditional Use Permit. (See Exhibit A, Site Vicinity and Land Use Designation Map) The restaurant will contain 1,370 square feet of dining area with seating for about 79 persons. About 1,500 square feet will be used for the kitchen, service, storage room and restrooms. (See Exhibit B, Site Plan and Exhibit C, Floor Plan and Elevations) Restaurant operating hours will be from 7:00 a.m. to 11: 00 p.m. , 7 days a week. Meals cooked to order will be served for breakfast, lunch and dinner with drive-thru window service available for phone-in and drive-up orders from the menu. The restaurant will employ about 20 persons with a maximum of 5 employees on the site at any given time. Alternative: Staff's alternative (referred to as the Alternative) to the General Plan Amendment is to expand the amendment site to about 12.72 acres to include property on each corner of the intersection. The land use designation would be changed from OIP to CG-1 on all of the property included in the Alternative (see Exhibit D, General Plan Amendment - Alternative Site) . Staff is proposing the Alternative because changing the land use designation on the 0.52 acre Project site would result in a small, isolated commercial district that would contain a single commercial use. Conditional Use Permit No. 93-24/General Plan Amendment No. 93-04 Initial Study for Environmental Reviev Committee Meeting of December 9, 1993 Page 4 2. Project Site, Alternative Site and Surrounding Area Characteristic_ Project Site: The 0.52 acre project site is located at the southwest corner of Waterman Avenue and Mill Street. The site consists of a flat, vacant, rectangular-shaped lot. Both Waterman Avenue and Mill Street are classified as major arterials on the Circulation Plan of the City's General Plan. Waterman Avenue is also identified in the General Plan (Figure 18, Urban Design For Public Spaces Element) as a major pathway into the City from the I-10 freeway. The I-10 freeway is located approximately 1.5 miles south of the project site. Alternative Site: The 12.72 acre expanded site for the Alternative is relatively flat and includes property on all four corners of the Waterman Avenue and Mill Street intersection. The intersection's northwest corner contains a vacant commercial building and a vacant lot located adjacent to the west. Both lots are included in the expanded site. The northeast corner contains a service station and convenience store with a commercial strip center located adjacent to the north. Both lots are included in the expanded site. The southeast corner contains an automotive repair shop, vacant land located immediately to its south and west and a commercial strip center adjacent to the east. All five lots are included in the expanded site. The southwest corner includes the 0.52 acre project site for the proposed CUP, a liquor store and a welding supply store. All three lots are included in the expanded site. Surrounding Area: The area surrounding the expanded site for the Alternative is made up of some vacant parcels, equipment rental and storage and building supply uses in an area designated as OIP (see Exhibit A, Site Vicinity and Land Use Designation Map) . The OIP district includes much of the property fronting on Waterman Avenue from 3rd Street (to the north) south to the Santa Ana River Wash. In the vicinity of the Project and the Alternative sites, the OIP district is bracketed by the IL, Industrial Light district to the east and the CH district to the north. To the north is the Warm Springs Flood Control Channel in an area designated PFC, Public Flood Control. To the south, the OIP district along Waterman Avenue is surrounded by the IL district. Conditional Use Permit No. 93-24/General Plan Amendment No. 93-04 Initial' Study for Environmental Review Committee Meeting of December 9, 1993 Page 5 C. ENVIRONMENTAL ASSESSMENT 1. Environmental Setting Other than ground subsidence, the Project and Alternative sites are not subject to any environmental constraints as identified in the City's General Plan. CfTY OF SAN BERNARUiNO PLANNING AND BUILDING SERVICES DEPARTMENT ENVIRONMENTAL IMPACT CHECKLIST A. BACKGROUND Application Number. CONDITIONAL USE PERMIT No. 93-24/General Plan Amendment No. Project Description: 93-04 See page 3. Location: See page 3. Environmental Constraints Areas: See page 5. General Plan Designation: OIP, Office Industrial Park (existing) CG-1, Commercial General (proposed) Zoning Designation: SPP Ahnvc B. ENVIRONMENTAL IMPACTS Explain answers.where appropriate.on a separate attached sheet 1_ Earth Resources WiII the proposal result in: Yes No Maybe a. Earth movement(cut and/or fill)of 10.000 cubic yards or more? X _ b. Development anftr grading on a slope greater than 15%natural grade? X c. Development within the Aquist-Priolo Special Studies Zone as defined in Section 12.0-Geologic 4 Seismic, Figure 47,of the City's General Plan? X d. fModification of any unique geologic or physical -- a. Development within areas defined for high potential for water or wind erosion as identified in Section 12.0- Geologic 3 Seismic,Figure 53,of the City's General X ` Plan? f. Modification of a channel,creek or river? X PLO&M PAGE I OF 5P 9. Development within an area subject to landslides, Yes No mudslides,liquefaction or other similar hazards as Maybe identified in Section 12.0-Geologic b Seismic, X Figures 48,52 and 53 of the Cays General Plan? h. Other.) Subsidence X 2. Air Resources: Will the proposal result in: a. Substantial air emissions or an effect upon ambient air quality as defined by AOMD? X b. The creation of objectionable odors? X c Development within a high wind hazard area as identified in Section 15.0-Wind&Fire, Figure 59,of the City's General Plan? X 3. Wwr Resources: Will the proposal result in: a. Changes in absorption rotes,drainage patterns,or the rate and amount of surface runoff due to impermeable surfaces? X b. Changes in the course or flow of flood waters? _ Q Discharge into surface waters or any alteration -- Of surface water quality? X d. Charge in the quantity of quality of ground water.) X e. Exposure of people or property tD flood hazards as identified in the Federal Emergency Management Number 050281 insurance ce Rate Map,Comrnurwy Panel '. .and Section 16.0- Flooding,Figure 62,of the City's General Plan? X f. Other? 4. Biological Resources: Could the proposai result in: a. Development within the Biological Resources Management Overlay.as identified in Section 10.0 -Natural Resources,Figure 41.of the Citys General Plant? X b- Change in ilia number of any unique.tars or WKWgered sp.cies of giants or their habitat kftx ug stands of trees? X a Change in the number of any unique.rare or endangered species of animals or their habitat? X d. Removal of viable,mature trees?(6'or greaten X e. Other.) S. Noise: Could the proposal result in: a. , kbranes.religious f•alga's Or otherr&ftW eeflt t ve uses in areas where existintg Or futUm noise lave!:exceed an Ldn of 65 dB(A)exterior and an Ldn of 45 dB(A)interior as identified in 144.0.Nome.Figures$7 and X 58 of the RAi+a.Ot �,1GE t O�_ n�-roi b.. Development of new or expansion of existing industrial, Yes No Maybe Commercial or other uses which generate noise levels on areas containing housing,schools, health care facilities or other sensitive uses above an Ldn of 65 dB(A)exterior X or an Ldn of 45 dB(A)interior? c. Other? 6. Land Use: Will the proposal result in: a. A change in the land use as designated on the X General Plan? b. Development within an Airport►port District as identified in the Air Installation Compatible Use Zone(AICUZ) Report and the Land Use Zoning District Map? X c. Development within Foothill Fire Zones A&B,or C as X identified on the Land Use Zoning District Map? d. Other? 7. L1sn4Aade Hazards: Will the project: a. Use,store,transport or dispose of hazardous or toxic materials(including but not limited to oil, X pesticides,chemicals or radiation)? b. Involve the release of hazardous substances? X C. Expose people to the potential heatth/satety hazards? X d. Other? •. Housing: Vlfin the proposal: a. Remove existing housing or create a demand for additional housing? X b. Other? 9. TMnsportatlon/Chmistlon: Could the proposal,in comparison with the Circulation Plan as identified in Section 6.0-Circulation of the Cry's General Plan.result in: a. An increase in traffic that is greater than the land X use designated on the General Plan? b. Use of existing.or demand for new.parking fadkies/structures? X c. Impact upon existing public transportation systems? X d. Alteration of present patens of circulation? _ e. Impact to rail or air traffic? _ L pedestrians?Increased ehazards w y hazards to hites,birydrsts or g. A disjointed pattern of roadway improvements? X h. Significant increase in traffic volumes on the roadways or intersections? X L Other? PUW4A rasE30F_ r�.o� 10. Public Services: Will the proposal impact the following Yes No Ma beyond the capability to provide adequate levels of service? Ybe a. Fire protection? X b. Police protection? X c. Schools(i.e.,attendance, boundaries, overload, etc.)? X d. Parks or other recreational facilities? X e. Medical aid? X f. Solid Waste? X g. Other? 11. Utilities: Will the proposal: a. Impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? 1. Natural gas? X 2. Electricity? X 3. Water? X -- 4. Sewer? X S. Other? b. Result in a disjointed pattern at utr7rty extensions? X C. Require the construction of new facrllties? 12 /esthetics: a. Could the proposal result in the obstruction of any scenic view? X b. Will the visual Onpad of the project be detrimental to the surrounding area? X c. Other? 13. Cultural Resources: Could the proposal result in: a. The alteration or destruction of a prehistoric or historic archaeological site by development within an archaeological sensitive area as identified in Section X 3.0-Historical,Figure 8,of the City's General Plan? _ b. Alteration or destruction of a historical site,structure or object as listed in the City's Historic Resourm X Reconnaissance Survey? c. Other? 9. PUV"a P.or:.oa_ 14. Mandatory Findings of Significance (Section 15065) The Callfomia Environmental Quality Art states that if any of the following can be answered yes or maybe, the project may have a significant effect on the environment and an Environmental Impact Report shall be prepared. Yes No Maybe a. Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history X or prehistory? b. Does the project have the potential to achieve short- term,to the disadvantage of long-term,environmental goals?(A short-term impact on the environment is one which occurs in a relatively brief,definitive period of time while long-term impacts will endure well into the future.) X C. Does the project have impacts which are individually limited, but cumulatively considerable?(A project may impact on two or more separate resources when the impact on each resource a relatively small,but where the effect of the total of those impacts on the X environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings. X either directly or indirectly? C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES (Attach sheets as necessary.) ' See attached sheets. Exhibits: A. Site Vicinity and Land Use Designation Map B. Site Plan (for CUP No. 93-24/GPA No. 93-04 - Project) C. Floor Plan and Elevations (for CUP No. 93-24) D. General Plan Amendment Proposal - Alternative Site E. Existing Land Use Survey - Alternative Site PLU" s rAGEsoF_ (11- i Conditional Use Permit No. 93-24/General Plan Amendment No. 93-04 Initial Study for Environmental Review Committee Meeting of December 9, 1993 Page 11 D. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES 1. Earth Resources a. Project: Because the project site is flat, grading will be minimal and will not involve any importation of fill materials. The proposed grading will result in noise and dust impacts of short duration during grading operations. Engineering Department Standard Requirements concerning compliance Section 7012 (c) of the Uniform Building Code, and Planning Department Conditions of approval requiring cessation of construction operations and application of soil binders when wind velocities reach 20 mph or greater will reduce the short term potential impacts from grading and construction to a level of insignificance. Conditions of approval requiring construction and landscaping of all parking areas with the initial construction of the restaurant will reduce potential impacts to a level of insignificance. Alternative: Much of the Alternative site is developed with existing commercial uses. Future development of the vacant parcels for either commercial or office industrial uses would involve some grading. However, the Alternative site is relatively flat and grading activities on any of the vacant parcels most likely would be minimal. b. through g. The Project site and the Alternative site are relatively flat and do not contain any significant slopes, geologic features (or other unique physical features) . Neither site is located in the Alquist-Priolo Special Studies Zone or in an area defined as having a high potential for wind or water erosion, landslides, liquefaction or subsidence. The project will not involve modification of a channel, creek or river. h. The Project site and Alternative site are identified as being located in an area of potential ground subsidence. Conditional Use Permit No. 93-24/General Plan Amendment No. 93-04 Initial Study for Environmental Review Committee Meeting of December 9, 1993 Page 12 Figure 51 in the General Plan shows the extent of the historic area of subsidence which is within the thick, poorly consolidated alluvial and marsh deposits of the old artesian area north of Loma Linda. Potential subsidence within this area may be as great as 5 to s feet if ground water is depleted from the Bunker Hill-San Timoteo Basin. In 1972, the San Bernardino Municipal Water District began to maintain groundwater levels from recharge to percolation basins which filter back into the alluvial deposits. Since the recharge program began, problems with ground subsidence have not been identified. 2. Air Resources a. Project: The restaurant project will not result in any substantial air emissions or effect ambient air quality as defined by AQMD in that the proposal does not meet the minimum criteria for general development project review as -defined in the Southern California Association of Governments Guidance for Implementation of Conformity Procedures handbook. Alternative: Presently, the existing commercial uses on the Alternative site have little or no effect on the air quality in the area. However, future development of the vacant parcels marginally could affect air quality because of increased air emissions resulting from additional automobiles traveling to and from the expanded site and increased levels of human activity occurring in the area. b. Neither the Project nor the Alternative are anticipated to create objectionable odors. c. The Project and Alternative sites are not located in the City's High Wind Area (Figure 59, General Plan) . Conditional Use Permit No. 93-24/General Plan Amendment No. 93-04 Initial Study for Environmental Review Committee Meeting of December 9, 1993 Page 13 3. Water Resources a. through e. Development of the Project site and the vacant parcels on the Alternative site will result in impermeable surfaces such as driveways and drive aisles, sidewalks, parking areas and a building pad. As a result, absorption rates will be decreased thereby increasing surface runoff. The both sites are located in Zone C (Flood Insurance Rate Map, Community Panel No. 060281 0020 A) , which is defined as areas of minimal flooding. As such, significant flood hazards are not anticipated. Neither the Project nor the Alternative proposal will change the course or flow of flood waters, discharge into surface waters or alter surface water quality, or affect the quality or quantity of ground water. Public Works Department Standard Requirements regarding conveyance of drainage and runoff to an approved public drainage facility will reduce potential impacts of any development on the Project and Alternative sites to a level of insignificance. 4. Biological Resources a. through d. Neither the Project site nor the expanded Alternative site are located in the City's Biological Resources Management Overlay. as identified in Section 10.0 - Natural Resources, Figure 41, of the City's General Plan. The two sites contain no notable flora or fauna. As such, there is no indication of unique, rare, or endangered species of plants or animals on either site. Impacts to biological resources are not anticipated. S. Noise a. through c. The Project is commercial in nature as are the existing land uses on the Alternative site. Commercial uses generally are not considered to be "noise sensitive" uses. Conditional Use Permit No. 93-24/General Plan Amendment No. 93-04 Initial Study for Environmental Reviev Committee Meeting of December 9, 1993 Page 14 As stated, the Alternative could result in future commercial development on the expanded site. Both the existing OIP designation and the proposed CG-1 designation would allow the establishment of a noise sensitive use such as a day care center or a nursery school. Any outdoor play area associated with such a use could result in the exposure of children to noise levels in excess of 65 dB(A) . However, this type of proposal (or a similar proposal) would require review and approval by the City and would include environmental review of potential noise impacts. As such, the potential noise impacts associated with the establishment of the restaurant with a drive-thru and the future development of other commercial uses are considered to be less than significant. Noise impacts resulting from construction either of the restaurant or of any future commercial uses are considered to be transient and of short duration. Short term noise impacts from construction are subject to provisions in the San Bernardino Municipal Code that regulate the hours during which construction activities can occur. As such, potential impacts from construction on the Project site and the Alternative site are considered to be insignificant and mitigable through adherence to the City's standard requirements. The Project and the Alternative will result in the development of additional commercial uses in the area which will not generate noise levels above Ldn of 65 dB(A) exterior, 45 dB(A) interior, on noise sensitive uses. As noted, the Project and Alternative sites are located at the intersection of Waterman Avenue and Mill Street and subject to the noise impacts associated with major arterial roadways. The Noise Element in the City's General Plan indicates that existing and future noise contours along both streets range from 60 to 65 dB(A) and from 65 to 70 dB(A) , respectively. Acceptable noise levels for commercial uses are interpreted to range from 50 to 70 dB(A) ("Land Use Compatibility For Community Noise Environments" table, General Plan, page 14-4) . Noise levels tend to decrease with distance from a noise source. The Project site plan places the restaurant pad approximately 45 feet back from the face of curb (on Waterman Avenue and Mill Street) . The distance of the Conditional Use Permit No. 93-24/General Plan Amendment No. 93-04 Initial Study for Znvironmental Review Committee Meeting of December 9, 1993 Page 15 restaurant building from both streets combined with construction techniques will reduce any impacts from roadway traffic noise on the project site to below a level of significance. Any future development on the Alternative site will be required to reduce interior noise levels to 45 dB(A) or less. 6. Land Use a. Project: The proposed Project would change the current land use designation of OIP, Office Industrial Park to CG-1, Commercial General on the 0.52 acre site. Restaurants with drive-thru windows are not permitted in the OIP land use designation but are allowed in the CG-1 subject to an approved Conditional Use Permit. Because the uses on the adjacent parcels are largely commercial uses, the establishment of the restaurant is not anticipated to result in any environmental impacts. Conversely, changing the land use designation on a 0.52 acre site would result in a small, isolated commercial district containing a single commercial use. This type of re-zoning, often referred to as "spot zoning", is discouraged by California State Law because over time, it generally results in arbitrary and random patterns of land uses. Establishment of the CG-1 designation on the 0.52 acre project site would in a land use impact; however, the impact is not considered significant because the adjacent uses are commercial in nature. Alternative: Changing the land use designation from OIP to CG-1 on the 12.72 acre site would result in a small commercial node at the Waterman Avenue/Mill Street intersection. The OIP district, which follows the Waterman Avenue Corridor from 3rd Street south to the Santa Ana River Wash, does not provide for commercial uses. The establishment of a CG-1 node at the Waterman Avenue/Mill Street intersection would provide commercial services to the OIP district and to the industrial districts in the surrounding area. The land uses within the Alternative site are commercial in nature and as such, the CG-1 appears to be a more • Conditional Us* Permit No. 93-24/General Plan Amendment No. 93-04 Initial Study for Environmental Review Committee Meeting of December 9, 1993 Page 16 appropriate designation (see Exhibit E, Existing Land Use Survey - Alternative Site) . The Alternative site contains a mix of commercial retail and service uses (e.g. , restaurants, auto repair shop, gas station, convenience store, etc. ) which are not permitted in the OIP. These uses would be made more conforming under the CG-1. All of the lots except one (which is an existing, legally non-conforming lot. of record in the OIP due to lot size) meet the CG-1 minimum area requirement of 10, 000 square feet (see Exhibit D, General Plan Amendment Proposal - . Alternative Site) . Establishment of the Alternative proposal is not anticipated to result in any land use impacts. The existing commercial uses are more intense than many of the uses permitted in the OIP because they generate more people and traffic. In this instance, the commercial activities are confined to a major intersection which has the capacity to accommodate the additional traffic and provides adequate access to the commercial uses. For this reason, the commercial uses are considered to be compatible with the uses permitted in the OIP district. b. and c. The Project and Alternative sites are not located in an Airport District or within the Foothill Fire Zones A, B or C. 7. Man-Made Hazards a. and b. The Project does not propose to use, store, transport, dispose or release any hazardous or toxic materials or substances. Future establishment of any such use on the Project site or on the expanded Alternative site would be subject to the requirements of the San Bernardino County Department of Environmental Health Services (DENS) . c. Any construction on the Project site or the Alternative site will be in accordance with all applicable Uniform Building and Fire Codes and as such, will not expose people to potential health or safety hazards. Conditional use Permit No. 93-24/General Plan Amendment No. 93-04 Initial Study for Environmental Reviev Committee Meeting of December 9, 1993 Page 17 8. Housing a. The Project and Alternative are commercial in nature and will not impact on housing stock or needs. 9. Transportation/Circulation a. The City's Traffic Engineer has determined that the existing, proposed and future commercial uses associated with the Project and the Alternative will not generate a sufficient number of trips to cause a significant impact on the adjoining street system. Potential impacts are considered to be insignificant. b. Project: The Project will create a demand for 29 new parking spaces. As proposed, the project provides 30 spaces which will adequately mitigate the potential impact. Alternative: Any future development or establishment of commercial uses on the expanded site will be required to provide adequate parking as specified in the Development Code. c. Due to the limited size of the Project and the Alternative, significant impacts to the public transportation system are not anticipated. d. Neither the Project nor the Alternative will alter the present circulation patterns of the immediate area other than to allow additional access points onto Waterman Avenue and Mill Street as ,necessary. No significant impacts are anticipated. Conditional Use Permit No. 93-24/General Plan Amendment No. 93-04 initial Study for Environmental Reviev Committee Meeting of December 9, 1993 Page 18 Go Due to the nature of the Project and the Alternative no impacts to rail or air traffic are anticipated. f. The development of the Project and any future commercial development on the expanded site could potentially increase safety hazards to vehicles, bicyclists or pedestrians as a result of additional access points onto the roadways. All new driveways will be built to city standards and sight clearances will be maintained. Potential impacts are considered insignificant. I g• Waterman Avenue and Mill Street are currently improved to their full widths and based on the daily trip ends (and A.M. and P.M. peak hour trip ends) and no significant impacts are anticipated. h. Due to the small size of the Project and the Alternative, no significant increases to traffic volumes are anticipated. 10. Public Services a. through f. The Project and Alternative sites are located in an area for which police and fire protection and medical aid and solid waste services are available. Development of the restaurant on the Project site is not anticipated to result in any impacts. All but 1.51 acres of the Alternative site are developed with commercial uses and new development on the remaining vacant land is not anticipated to result in any impacts. Area schools will not be impacted in that neither proposal includes any residential . uses and school mitigation/impact fees are required for all new development projects. Conditional Use Permit No. 93-24/General Plan Amendment No. 93-04 Initial Study for Environmental Review Committee Meeting of December 9, 1993 Page 19 Establishment of the Project and the CG-1 land use designation are not anticipated to impact the area's parks or recreation facilities. 11. Utilities a. through c. The Project and Alternative sites are located in an area wherein all public utilities are available. The establishment of the Project and the CG-1 designation will not result in a disjointed pattern of utility extensions or require the construction of new facilities. 12. Aesthetics a. Scenic views in the area are of the foothills and mountains to the north. The Project and Alternative sites are located at the intersection of Waterman Avenue and Mill Street. The proposed restaurant (Project) will be a 1 story building with a small attic space. The building will not exceed 30 feet in height which is the maximum height allowed in the CG-1. The existing buildings on the Alternative site are 1 story in height. Any new development on the remaining vacant land within the Alternative site will be reviewed for compliance with the 30 foot maximum height requirement. As such, the Project and the Alternative will not block any of the scenic views of the foothills and the mountains to the north. b. The architecture of the proposed restaurant (Project) and any new development on the Alternative site must comply with the Development Code Design Guidelines for commercial uses. Landscaping and screening requirements are also applicable. Site design consistent with the design guidelines and landscaping standards will not result in a visual impact to the surrounding area. Conditional Use Permit No. 93-24/General Plan Amendment No. 93-04 Initial study for Environmental Reviev Committee Meeting of December 91 1993 Page 20 13. Cultural Resources a. and c. The Project and Alternative sites are not located in an archaeological sensitive area as identified in the General Plan, Section 3. 0, Historical, Figure 8. Neither the Project nor the Alternative impact any historical site or object. 14. MANDATORY FINDINGS OF SIGNIFICANCE (Section IS065) a. through d. The responses to the checklist questions above indicate that the proposed retail center will not result in any significant impacts. No cumulative impacts resulting from the proposal have been identified. D. DETERA41HATION On the basis of this initial study, ® The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARA• TION will be prepared. The Proposed Project could have a signdicent effect on the environment,although there will not be a significant effect in this case because the mitigation measures described above have been added to the project q NEGATIVE DECLARATION will be prepared. The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO.CALIFORNIA Sandra Paulsen, Senior Planner Chairperson, D/ERC Name and Title Signature Date: December 9. 1993 � 1 �r RA*M PAW�OF�. (1140 LANIb1l o5d JERRY ROSS 1964 WESTWOOD BLVD. , STE. 405 LOS ANGELES, CA 90025. - .� - -_ January 14 , 1994 a JAN 1 8 iyv;� Deborah Woldruff, Associate Planner 0EFAF.7."ENT City of San Bernadino -- =u Department of Planning and Building Services San Bernadino, CA 92418-0001 Re: GPA No. 93-04 Dear Ms. Woldruff: Thank you for your letter of December 6, 1994 , regarding the above referenced GPA. I want to state to you that I am in agreement with the staff's recommendation for the alternative amendment to the applicant's request. I believe that the planning commission is advocating the proper use for the designated 12.72 acres rather than solely for the applicants 0.52 acre project site. I do not believe that the GPA should be approved for only an isolated piece of property. Staff findings are correct to avail the four corners to provide the commercial infrastructure to support the surrounding area. I agree with the Planning staff's review and conclusion, as to the inclusion of my property (Assessor Parcel Number 136-393-06) , and the other recommended properties in GPA No. 93-04. I am sorry that I am unable to attend the scheduled meetings concerning the GPA in person. You are however encouraged to put this letter in your files for the proper use to indicate my agreement with the findings, to the Mayor and Common Council. Please keep me informed of this project and its resolution as it moves through the pipeline. Thank you for you indulqence. Si cefely -:J rrvoss tAMIbj l if5b 1 murris monten smith �,� � ti.•.��.ul� l G . Yz�i�' I l _ � �3 -� � �; .L�- «y /p, C7 A44 l CIL, A 300 east baseline, claremcnt, califarnia 91711 TO: City of San Bernardino RE: General Plan Amendment No. 93-04 & C.U.P. No. 93-24 ATTN: Planning Commission January 20, 1994 Dear Planning Commission Members, My name is T.M. Sirkin and I reside at 10314 Norris Avenue, Unit K, Pacoima, CA, 91331 . I am the owner of a 26, 000 square feet of land on the approximately which abuts up to the Northwest side sofSthe flood ocontrol�channel northwest of the intersection of Mill and Waterman Streets. I would like to go on record as saying that I support both the applicant's proposed plan amendment and staff's proposal include all four corners. I think it is an excellent ideatand,in my opinion, would be a tremendous help to this intersection and the surrounding area, which needs a lot of help. Thank you for contacting me over this matter. In case it may be needed, my telephone number at my office is (818) 899-8963. Res lly, T.M. (TED) Sirkin o � q# =_ JAN ? 1g 9 �D . "IT"' jF SAN 3ERNAROr•jo DEPARTMENT OF PLANNI-G& BUILOWG SERVICES CITY OF SAN BERT' ARDINO - REQUEST k-OR COUNCIL ACTION From: Al Boughey, Director Subject: Initiation of a General Plan Amendment to the Land Use Plan Map, northeast corners of Dept: Planning and Building Services Waterman and Mill . Date: February 18, 1994 MCC meeting of March 7, 1994 Synopsis of Previous Council action: None Recommended motion: That the Planning Division be directed to prepare a General Plan Amendment to consider changing the land use designation from OIP, Office Industrial Park, to CG-1, Commercial General or IL, Industrial Light, on 8.8 acres , located on the north side of Mill Street approximately 175 feet east of Waterman Avenue. I AL BO GHEY ignature,---� Contact person: Al Boughey Phone: 5357 Supporting data attached: Staff Report Ward: #1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 " Agenda Item No. STAFF REPORT SUBJECT: Initiation of a General Plan Amendment to the Land Use Plan Map Mayor and Common Council Meeting of March 7, 1994 REQUEST AND LOCATION The request is for the Mayor and Common Council to direct staff to initiate a General Plan Amendment to consider the appropriate land use designation for an 8.8 acre site located on the north side of Mill Street approximately 175 feet east of Waterman Avenue. The site is currently designated OIP, Office Industrial Park. Staff would evaluate redesignating the site either as CG-1 (Commercial General) or IL (Industrial Light) or maintaining the status quo of OIP. (See Exhibit 1, Site Vicinity and General Plan Land Use Designation Map; and, Exhibit 2, Site Plan) BACKGROUND At their meeting of January 25, 1994, the Planning Commission recommended that the Mayor and Common Council direct staff to initiate a General Plan Amendment to consider changing the land use designation on the 8.8 acre site from OIP, Office Industrial Park to CG-1, Commercial General. The 8.8 acre site is located east and adjacent to the 12.72 acre amendment site for GPA No. 93-04 (OIP to CG-1) . During the public hearing for GPA No. 93-04, Patricia Green of Vanir Development Company, Inc. expressed concern that the 8.8 acres should also be changed from OIP to CG-1. Written comments received from Ms. Green at the Planning Commission meeting are contained in Exhibit 3. KEY POINTS There are several key issues identified as follows: The purpose of the Alternative amendment proposal for GPA No. 93-04 is to create commercial node at the Mill Street/Waterman Avenue intersection that will serve the surrounding industrial areas. (Refer to Exhibit 2 which shows the 8.8 acre site, the GPA No. 93-04 site and the existing land uses. ) GPA No. 93-04 primarily consists of existing commercial uses and a small amount of vacant acreage. The 8.8 acre site was not included in GPA No. 93-04 because its addition to staff's expanded Alternative amendment site would result in an intense commercial area Initiation of a General Plan Amendment to the Land Use Plan Map Mayor and Common Council Meeting of March 7, 1994 Page 2 of about 21.52 acres (12.72 acres + 8.8 acres = 21.52 acres) which was not addressed in the Initial Study. - Because the of surrounding existing land uses and land use districts adjacent to the 8.8 acre site, staff feels that a proposal for redesignation should evaluate the appropriateness of the CG-1, IL or OIP designations. MAYOR AND COMMON COUNCIL OPTIONS 1. The Mayor and Common Council may direct staff to initiate a General Plan Amendment to consider redesignating the 8.8 acre site either as CG-1 or IL or maintaining the status quo of OIP. 2. The Mayor and Common Council may deny the request for staff to initiate a General Plan Amendment for the 8.8 acre site and allow the property owner to file an application. PLANNING COMMISSION RECOMMENDATION The Planning Commission also voted [5 aye (Romero, Stone, Strimpel, Thrasher and Traver) , 1 nay (Affaitati) and 4 absent (Cole, Gaffney, Gonzales and Ortega) ] to recommend that the Mayor and Common Council direct staff to initiate a General Plan Amendment for the consideration of changing the designation from OIP to CG-1 on 8.8 acres located east and adjacent to the Alternative amendment site for GPA No. 93-04. COSTS TO CITY Planning Division staff estimates that it will cost approximately $3,000 for staff to complete an amendment including preparation of the environmental review, staff reports to the Planning Commission and Mayor and Common Council, resolution and map change. This amount does not include review by any other departments or divisions. Initiation of a General Plan Amendment to the Land Use Plan Map Mayor and Common Council Meeting of March 7, 1994 Page 3 STAFF RECOMMENDATION Staff recommends that the Mayor and Common Council direct staff to initiate a General Plan Amendment to consider changing the land use designation from OIP, Office Industrial Park to either CG-1, Commercial General or IL, Industrial Light on 8.8 acres located on the north side of Mill Street approximately 175 feet east of Waterman Avenue. Prepared by: Deborah Woldruff, Associate Planner for Al Boughey, Director Planning and Building Services Exhibit 1: Site Vicinity and General Plan Land Use Designation Map Exhibit 2: Site Plan Exhibit 3: Comments Received Exhibit " JG5 F F SAN BERNARG,..O icinity and RAL PLAN LAND USE DESIGNATION MaP Adopted����" 3 Panel No. Co� c i�°� 5 a�G P An 3 KM G W � T TEREY S U N ' w' utir T WPM T T 9C INALTO AN wE S J IA sr O i rewM ..J T I Val ST MILL M I ~ w m F W jf p_, SAN INTO CHjO Exhibit "2" SITE PLAN (8.8 ACRE SITE) Gv COMMERCIAL STORAGE g GPA NO. 93-04 VEHICgL RENTAL (OF TO CG-1) C SITE RETAIL CENTER VA VACANT BLDG A S T VACANT VA ANT C S R PROP O E R AURANT MILL STREET CUP 93-24 SITE VACANT ? AUTO REPAIR RETAIL CENTER uQUOR W INDUSTRIAL STORE a VACANT CENTER ELDIN Z SUPPLY a 2 COMMERCIAL STORAGE GPA NO. 93-04 3 OIP TO CG-1) N Exhibit "3a" V:I-NIR DEVELOPMENT COMPANY,INC. P.O.Box 310,Vanir Tower,City Hall Plaza,San Bemardino,California 92402-0310 Telephone:(909)883-9477 Commercial/Industrial Developers•Real Estate Brokers January 25, 1994 Mr. Al Boughey, A.I.C.P. �� r Director F' I t: DEPARTMENT OF PLANNING AND BUILDING SERVICES JAN �M;?1 CITY OF SAN BERNARDINO 300 North "D" Street CITY OF 5APV DEF:R'fhF:fVT C i=Pi. `yr�^;u & San Bernardino, California 92418-0001 1,UILD!NG JG;1 J Dear Mr. Boughey: The Planning Commission for the City of San Bernardino is currently reviewing a proposed amendment for changing existing zoning of an approximate .52 acre site from Office Industrial Park (OIP) to Commercial General (CG-1). Staff found in their opinion that this single isolated zone change "could be detrimental to the public interest, health, safety, convenience, or welfare of the City in that it would result in a disjointed pattern of land use." Staff recommends on the other hand to add an additional 12.72 acres of land to the change of zone from OIP to CG-1 and felt it would create a commercial node that would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. As adjacent land owners, we concur with Staffs findings. However, we believe that their findings should be extended to include the adjacent 8.8 acre parcel in the commercial node being created by the City for the very reasons concluded by Staff in its Positive Findings to change the land use of the adjacent 12.72 acres. Staff is reluctant to include the 8.8 acres in the General Plan Amendment as it "would result in an intense commercial area rather than a node.* Staff concludes that a node is okay at 12.72 acres but not okay at 21.5 acres. We believe on the other hand with the several hundred acres zoned OIP and industrial in the area that 21.5 acres would remain a node and would have no adverse affect. LOS :\NGELE-S • S.-\\ BERNARDINO • SACIZAN- IENTO Exhibit "3b" j i I Mr. Al Boughey, A.I.C.P. Director DEPARTMENT OF PLANNING AND BUILDING SERVICES CITY OF SAN BERNARDINO January 25, 1994 i Page Two In addition, our planning shows a maximum development of approximately 97,000 square feet where Staff has calculated that our development would be approximately 287,496 square feet of new commercial space which is virtually impossible for this property and is approximately four times more than the 12.72 acres current use. Additional considerations: 1. The requested zone change is consistent with our own plan for development of the property. 2. The property is fronting on one of the main entrances to Norton Air Force Base and on the major north/south artery of the City to the San Bernardino mountains, both of which will require commercial developmem. 3. Rezoning the 8.8 acre property from OIP to commercial use is consistent with all the uses surrounding the area. Your consideration to include our adjacent 8.8 acres into the proposed General Plan Amendment will be greatly appreciated. Respectfully, VANIR DEVELOPMENT COMPANY, INC. kd BENJAMIN DOMINGUEZ Senior Vice President BD:ks i i Exhibit "3c" I Vanlr Development Company, Inc. hereby re- I nests that the Planning g Commission include the adjoining 8. 8 acres into the proposed alternative amendment ro osal to General Plan Amendment p P No. 93-04. i 1 i ' EXISTING LAND USE SURVEY Exhibit 113d" ALTERNATIVE SITE !.G COMMERCIAL �G STORAGE s vE�ICAL RENTAL VACANT - REC�uEs�� GAG Amm noW RETAIL CENTER VAC T VACANT BLDG GA TATI VACANT VA ANT 3 NV. TOR PROPOSED RESTAURANT MILL STREET CUP 93-24 SITE rlfACA(l VACANT ? RETAIL CENTER UOUOR W INOUSTRIAI S70AE Q T CENTER ELD Z SUPPLY Q 2 OMMERCIAL STORAGE Q W a 3 N GENERAL PLAN AMENDMENT PPOPOSAL Exhibit "3e" ALTERNATIVE SITE olP j f OIP GAG 5 PFC � Ot P 70 OIP TO CG-1 OIP TO CH CG-1 MILL STREET To TO w OI TO CG- 1 ' - 1 w a I Z I IL OIP � - N 0 Exhibit "3f" wa"_..T.mAN AV I — ��,�' Clilltl ! I !II IIIIIIII!illl!! '�\�-- $It - - •- _ 1• � \:1,•P . .�:•. a..lw.c ,gal.�, � • 3 d I 1J`II jlll ljljj IlMill I I '. �_ - , 1 /ems• a. O -- t ' C +'• •�� �. 1 =� �I= II11111111111111111'11111 111111111 lid, � �•t want I _ - - I i :1, ,,,,. I I So V ..T�d_►_w=�9aiv O N a w •� -t r O W o8yy p '� C i tr p $ n rwnuot ra. F �° L � • e v 171 � Z r s v