HomeMy WebLinkAbout12-Planning
"
o
o
o
o
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Frank A. Schuma
From: Pl anni ng Di rector
Date:
Planning
February 7, 1985
Subject: Appeal of Conditional Use Permit No. 84-57
Mayor and Council Meeting of
February 18, 1985, 9:00 a.m.
Dept:
Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on January 22, 1985, the following
action was taken:
The application for Conditional Use Permit No. 84-57 was unanimously denied.
The Negative Declaration for environmental review was also denied.
Recommendad motion:
That the Mayor and Council refer this item back to the Planning Commission
for reevaluation.
~;L G-;~
Signature Frank A. Schuma
Supporting data attached:
Yes, Staff Report
Ward:
383-5057
6
Contact person:
Frank A. Schuma
Phone:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
. -'~' .
1I-rz,
'" ,
CI~, OF SAN BERNARDI~ - REQU~T FOR COUNCIL ~N
STAFF REPORT
SUBJECT: Appeal of Conditional Use Permit No. 84-57
February l8, 1985
The applicant for Conditional Use Permit No. 84-57 has appealed the decision
of denial of the Planning Commission in his appeal letter dated January 28,
1985. Mr. Pham is requesting the elimination of the mini-market and to
reopen the service station only for the purpose of dispensing petroleum
products. In as much as the Planning Commission has not had an opportunity
to review the request, the item should be referred back to the Planning Com-
mission for determination.
75-0264
,
IILYl;lvt''''CITYCLEP.'1r7fi
'85 JAN31 P):51
o
o
o
NY TilE PHA.".
16281 Arro\'/ rt.
FONTANA.CA 92335.
Tel(714)e29-3472.
SAN LERKADINC JhN 28,1965.
To: City Hall,
SAN BERNADINO.
PLANNING DEPT.
BUSINESS LIC: DEPT,
Dear Sir:
According to the hearinG meeting on Jan 22,85.
of the city of San Bernadino Co~~issioner that ceninec ~y
application for the re-open se1ft service gas station and
mini market, it is located at corner of Baseline and K~scott.
~ with address 1605 Easeline San Eernadino CA, 92410.
Assessor's parcel no:
Lot 4 and 5, Blooc;': "C" Laseline Ho::.e track
Track 1/0: 2438, Ci ty of San Bernadino, Book 34 of
map, page 83.
Today I would like to appeal the above hearing
aad I request of permittion to re-open that selft
service gas station "only" not with n:ini market.
Ithink my re-open the selft service gas tsat10n is
neccerssary for the need of the peoples livinG in that area.
I expect this application will be acceptted anc
permitted.
Thank you for your consideration of this letter.
your.
"
.'J..
.
fn'
I ,I
:.nJ
rJ '~') ..
1]~ t~: ~ li
,.. r-_
'i. ,"
I~i l~.
~l
l'!..J
f'r.o 0, 1 '1'~"l~
... '.L ':'00
CITY PL!~.!F-;~~;,'j ~.~: '~r'::~.T
S,r! : ~:;.-.:..,' " ~ \
'J
"
r2-i~
\ .:?:',-'>
\~e.~ : ~ \
".C ..--:, '\
. '. ~
._"'_ I
_..._-~ \
...-....:
,0:'
, '
.. .- ~ ,
",' I
.., \
.......4 :
",.\
" ,
i
, \
, ,
..- r--
,
.'- :
i
, '
. '
\ '
;/
/...
..-' ,
. ~'":'...
I'
,
o
,
\.. \ V! I'~ c;
:_;'-.~ -" .~-",.,:>)-
. "', .:~~:~;'."-':-
/ ~'-'. "-; p,\
(
o
o
(
o
"
"
CITY OF. SAN, BERN ARDIN 0 300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418
\"'.''''\"".'//
~'-.~ :,))~Z~:]> ~-.j,:~~Y
.' ',. :,1> ') \~".....' ~
......'\t...t~~~...--O-.1 .-
?,HE ""
W.R. "BOB" HOLCOMB
Mlyor
Members of the Common Council
Robert A. Castaneda . . . .. .. . . .. . First Ward
JAck Reilly. ., .. .. . ..., . .. '.. .SecondW.rd
Rlilph Hernandez . . . . .. . . . . . . Third Ward
Steve Marks. . . . . .. . . . . . . . Fourth Ward
Gordon Qule' . . . ... ...: ... .. .. FI'thW.rd
OInFrilzler.................... .SlxtltWard
ack Strickler. .. .. .. . . .. .. . .. .. .seventh Ward
January 28, 1985
Duc Hoang Pham
1605 West Baseline Street
San Bernardino, CA 92411
Dear Mr. Pham:
At the meeting of the Planning Commission on January 22. 1985. the
followin9 action was taken:
The application for Conditional Use Permit No. 84-57. to permit a service
station in conjunction with a mini-market in the C-3A Limited General
Commercial zone on approximately .23 acre located at the southwest corner
of Baseline Street and Muscott Street and further described as 1605 West
Baseline Street. was denied based upon findings of fact contained in the
staff report dated January 22. 1985~
According to the San Bernardino Municipal Code. Chapter 19.78.070.. the
followin9 applies to,the filing of a conditional use permit:
.
,
.
"The decision of the Commission shall be final unless appealed in writing
to the Mayor and Common Council. The written appeal shall be submitted
to the office of the City Clerk within ten days from the date of the
Commission's decision. The Common Council. after receipt of the appeal,
shall conduct a public hearing and may either approve, modify or reject
the decision of the Planning Commission."
If no appeal is filed pursuant to the above provisions of the San Bernardino
Municipal Code. the action of the Commission shall be final.
~ctfullY'
CL~~
..::- .
NK A. SCHUMA
Planning Director
mf
cc: Building and Safety Dept.
" ,
PLANNIN(
~... \.
...,,'
DEPARTMENT ""'I
,.-.
""'"
,...CITY OF SAN BC ~NJl~DINO
\,.,
SUMMARY -,
\..
l&J
(I)
ct
o
AGENDA ITEM
HEARING DATE
WARD
J
1-22-85
6
~
AIRPORT NOISE I _D YES
CRASH ZONE ~NO
Z
o
-
ti
1&.0
I&.ffi
~2
(1)2
o
o
l&J
a:::
APPLICANT' ang
1605 West Baseline
San Bernardino, Q\ 92411
OWNER' SAME
Subject property is a rectangularly-shaped parcel of land consisting of
approximately 0.23 acres located at the southwest corner of Baseline st.
and M.Jscott St. and further described as 1605 West Baseline Street.
The applicant requests approval of a conditional use pennit under authority
of Code Section 19.28.020.C.4.a. to pennit a service station in conjunction
with a mini market in the C-3A, Limited General Ccmnercial zone.
Conditional Use Permit No.
84-57
PROPERTY
Subject
North
South
East
~est
EXISTING
LAND USE
Vacant service station
Coomercial
Vacant Building
Gas Station
Vacant Field
ZONING
C-3A
C-3A
C-3A
C-3A
C-3A
GEOLOGIC I SEISMIC
HAZARD ZONE
HIGH FIRE
HAZARD ZONE
~
~
ZU)
l&J(!)
::EZ
Z-
OO
a:::Z
S;ii:
Z
I&J
o NOT ' '
APPLICABLE
t;
l&J
:3
o
'"
a:
.....
ct
l&J
a:
ct
o EXEMPT
eg<:NO
SIGNIFICANT
EFFE CTS
NOV. 1911 REVISED -ruLY '..2
SKY
'DYES
eNO
GENERAL PLAN
DESIGNATION
Res. Med. High Den. 15-24 u
Res. Med. Den. 8-14 u/ac.
Single-Family Residence
Res. Med. High Den. 15-24
Res. Med. High Den. 15-24 U .'
( SEWERS tg~~s )
DYES
(1g:No
FLOOD HAZARD DYES OZONE A
ZONE ~O OZONE B
o POTENTIAL SIGNIFICANT
EFFECTS
WITH MITIGATING
MEASURES NO E,I,R,
o EIR REOUIRED BUT NO
SIGNIFICANT EFFECTS
WITH MITIGATING
f.1EASURES
o SIGNIFICANT EFFECTS
SEE ATTACHED E, R. C,
MINUTES
REDEVELOPMENT
PROJECT ARE^
)QQYES
ONO
o APPROVAL
o CONDITIONS
Qg{ DENIAL
o CONTINUANCE TO
0(0 0 ( 0
,CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Cbnditional Use Permi
OBSERVATIONS ~~~~?::~i~~-~Lzz-ti)
PAGE z
1. The applicant requests approval to convert an existing service station
building into a l,lOO square foot mini-market in conjunction with a
self service gasoline station located at the southwest corner of
Baseline Street and Muscott Street.
2. The site is zoned C-3A, Limited General Commercial and is located
within the Northwest Redevelopment Project Area. The General Plan
designates the site for multiple-family land uses. Therefore, the
retail operation in conjunction with a service station is inconsistent
with the General Plan (see attached letter from the Westside Homeowners
and Tenants Association).
3. As indicated in the letter by the Westside Homeowners and Tenants
Associ ati on, in the i mmedi ate area of the subj ect site, many unde-
sirable activities, including drug dealing and drinking alcoholic
beverages in public, are widespread. The opening of another mini-
market in this area would not be in the best interest of the community
and may be detrimental to the growth and development of the area.
4. The submitted site plan indicates that the proposed combination use
would require five parking spaces. The subject site can only accom-
modate one handicapped parking space, therefore, the applicant has
purchased a parcel directly west of the site and have provided the
remaining four parking spaces on said lot. A condition requiring a
reciprocal parking and access in perpetuity is included.
5. Two 28-foot wide driveways will provide ingress/egress to the site, one
providing access from Baseline Street and one from Muscott Avenue.
Adequate on-site curculation has been provided.
6. In the C-3A zone, a five-foot wide landscaped planter area must be pro-
vided along the public rights-of-way, however, because the site is
located within a Redevelopment Project Area, a twenty-foot building
setback from curb face is required with the area from the property line
to said point suitably landscaped. The submitted site plan indicates
that the applicant has complied with this requirement along Muscott
Street, however, because the pump islands are exi sti ng there is not
adequate area available to comply with any landscaping along Baseline
Street. The applicant has provided the required five percent interior
landscaping.
,
7. The applicant has indicated that he intends to develop the property
directly west of the subject site (where the required four parking spa-
ces are located) at a.future date.
..
,
0(0 0 ( 0
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Conditional Use PenDit
OBSERVATIONS ~~~~?::;i;:~jl-22-85
PAGE 3
8. Photographs taken by the Planning Department indicate that the subject
service station building is in need of architectural upgrading
including replacing broken, boarded-up windows, painting and providing
wood or brick facad to portions of the front elevations.
9. The submitted site plan indicates that a chain link fence exists along
the southern property line. If the conditional use permit is approved,
the chain link fence shall be required to be removed as it is visible
from a major thoroughfare, Muscott Street. Additionally, a metal guard
rail exists along the eastern property line, which will also be
required to be removed.
lO. On September 27, 1984, the Environmental Review Committee found that
the proposed project could not have a significant effect on the
environment and a negative declaration was proposed with the obser-
vation that it must comply with Article 79 of the Fire Code.
,
.
"
"
ITV OF SAN E._Rf'ORDINO PLONlcAs~ ~i~~1;~~e~"O
FINDINGS f' F^'CT AGE'JD-:;T:~-~l j
o H HEARING DATE 1-22-!l~
PAGE 4
,
~
1. The proposed retail operation in conjunction with self-service gasoline
sales does not conform to the City's General Plan designation of
Multiple-Family Residential at l5 to 24 units to the acre.
2. The proposed use may adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed by
encouraging anti-social behavior in an area already plagued by such
activities.
3. The 10,665 square foot rectangular property is not adequate in size to
acconrnodate the combination use in a manner not detrimental to the par-
ti cular area nor to the peace, health, safety and general welfare.
4. The traffic generated by the proposed use wi 11 not impose an undue bur-
den upon Baseline Street or Muscott Street and adequate parking ,will be
provided on the adjacent property.
5. The granting of the conditional use permit may be detrimental to the
peace, health, safety and general welfare of the citizens of the City
of San Bernardino.
RECOMMENDATION
Based upon the observations and findings of fact, Staff recommends adoption
of the negative declaration and denial of Conditional Use Permit No. 84-57.
Respectfully submitted,
'.
FRANK A. SCHUMA
Planning Director
~J~A ~~
NN LARSON
Assistant Planner
.
...
...
NOV. 1980
o
o
o
( (
WESTS IDE HOMbvWNERS AND TENANTS ASSOCIA~.ON
October 25, 1984
OOlli@~UWrn[])
OCT 26 1984
CITY PLANNING DEPARTMENT
SAN BERNARDINO, CA
Mr. Frank Shuma
Planning Director
Plannil'l!J Department
City of San Bernardino
300 N. "D" Street
San Bernardino, CA
Dear Frank:
On behalf of the westside Homeowners and Tenants Association
we would like to thank you for providing an opportunity to discuss
with you our concerns relating to Conditional Use Permit No. 84-57.
As you are aware, the property o~mer seeks approval to reopen the
old and vacant gas station on the corner of Muscott Street and
Baseline Avenue as a gas station/Mini-Mart. We believe several
problems exist involving the Planning Commission's approval of
this permit, which are as follows:
A.
The surround,ing area has problems of anti-social
activities by juveniles and young adults, including
drug dealing and drinking alcoholic beverages in
public. If a Mini-mart is allowed to open, undoubtedly
beer and wine would be sold in order to make this new
business financially feasible. We believe that to
allow this type of establishment to exist would increase
anti-social activities not only for vicinity residents,
but businesses as well. What investor or developer
would want to relocate and invest in this kind of
atmosphere?
,
B. According to the Northwest Redevelopment Plan, approved
by the Planning commission in 1982, this area is slated
for med-high density (15-24 du/ac). Would the approval
of this permit conform to the Northwest Project? We do
not believe it would.
C. After years of litigation with the City, involving the
Northwest Project, we have settled our differences.
Now, we are moving forward together! The people of the
sixth ward now have, the legal right to form a Project
Area Committ~e (P.A.C.). They have the, fundamental
right to elect their representatives to speak on their
behalf on all issues and policy matters directly affecting
their neighborhoods. We are in the prqcess of holding
the first P.A.C. election on December 18-19, 1984.
1524 West Seventh Street, Room A-7, San Bernardino, CA. 92411
(714) 884-8502
"
'0
(
o
o
(
o
Page two
We believe that the Planning Commission has an
obligation to sixth ward residents, business and
Community Based Organizations to hold back on any
substantial decisions affecting the N.W.R.P. until
the P.A.C. is elected. With the P.A.C. on board
we can begin working on a constructive and beneficial
relationship with all of you as planners and Planning
Commissioners.
'llkUlk you for this opportunity to express our views on this issue of
L,U.P. No. 24-57. If you have any questions, please feel free to
contact us at (714) 884-8502.
Sincerely, t
.J:~ 0./tv ,#6h/
Sam Ella Hicks
Representative
J)ut.:i/ c.J ;4d~C-L/'
David A. Lechuga
Representative
../'i-"cLrvtL'-(t' ;.,f-oL&),d
Frances Holland
Sixth Ward Resident
,
cc: Councilman Dan Frazier
Chairman, Planning Commission
.
o
1
I
"
:~itrl~;
:h~l ~)
,1",(,
~,I'i
. ",\],,1
'I "
'f !\\\'ll
~I~~'
701. 1~!
~ifl"'JI'
:.. ;!~li;l
;;~;\i~1
1"_1"
','II~I"U!
, ",I"
, i~r~:,::
~
,
(
-.... _.-
:
\
I"
I~'
"
"
"
.
II ~-""-1
!~!.~..L
I r:'. .. 4' "'1
r. ,,' i 1.
, ,. r +-'"
~. "
!.f\
"
c
"
'"
.
,
Ii ~ .
*
I . . ~
1 ~ I ;:
i .
~ "
,. . ,l
~ ,
" . " t
. ~ .'
,
. I . j
, i y
. ,
., . "
.
o
,
" '"
o
o
_. .---.-.---. '. ..----. ~.
(
-.._ L_
---==-.----_.. :"
....~~.::!..,~.'
o
I
__......_.-.J
@]
: : 1
"
"
. : 1
,
, ..:,;...l...;.;l..:.:-'-;J
~ _....P .,,,"'..;....0'
I'~~
_r.T4.l. SJll.,I:.S>
" ..f ."'''\0''' I
_ 1.r;"::"'...J
. .:.....:,,~(.~ "I~ . -[i1' 1-.......
........,.._~ .r ( l r;:J;
'\, '~,i r ~; "\~'
i ~1" :t 1f~ ~ ~
'-. :1 l "p ~
i ,J,. ~ .
r ~""lI'avru'Nr
~ . .>;:. ,.. . ., '.., . ~I"':>'''' ~'J
,:" : ':,".' 'r:-:-r'-l'-=-:;;..~f: "~-J?;II
f:.I:~ Ij1i I~i 1'~~tP' '.-11. '9~'~fi~, . . :i'llir'iT. i tll ~; ~
I ..... roo
I,"r 'I ,1,' 'l" .,...1 " " ',., '~';r
IB!"',t-~~'I' ,~\...'" .1''''''11I'4''' Ill.. 0."', "'.
I ~ ~ Z I ',i\{' !~i;' --['..~ ,- ,\\ ..:.....".~.. ~'~
~I -m"'., '. . ,1' , - .1
i.9I I ! ;"01: '. ~ ...._--;.~,f'II<~.......,_ ;j,
, I ~.\ . ~ ..' It., (0''''"'')'' ....... L' Lc:,IU t
I . J ,;~\ ',! ~;:.. rC,~- ~-",. i---'="~'-:'-;---~~"-, - - ~,_._, --, .---.-'1
, .': 0 ~r~II'~'"~~,',:.'~~;..;~.~~);-'Jlt._~;,,,;~~~,,:-lL:.-., .~~_.. 7~-~-71
f;: ,I.. I - -.... uov.n.......c ....T.'.. 'I
fl' 11 ... -.....-...
IH ' .------. ""....-,--.-,--,-.-,...-,.,.... \
, II ~ ../
f ;~ ,...~- A.C. f......"."-." .(I'_",,,T""-,"
I ~~ It <::=:J
, ..
I it ~,)~Jy- <: ., . H ----.~Am!NE ROAD <=
Il...b
I
I
.
, I
-'
AfI:)"'"'9":./
.
~ I~
e' II!: I:
!~ i ~
., I: Ii if
~ I
i\ ~f!!-;.~.. . .,..
If ...' T I
,. " ~.l! :.,,~. \:' .'
. It I'~":-\ It.
~ ~ ~~l[;i:"~ L
. "7'1--' j' -i'
~ ~'~ I
I 1\ I
8to~GO
...--. .. .. .,...
b.~"""---~ ~;:~~~~ ~Jt!~Ii:
or~ ;!'~,~!tiJ:~"I\"',t
I" . 1:: ~~ ~~"': ~'" :',(&.':r
;\','0 H'I,'O I {~. roW.; ';H~
T 1" a'I,. 'j. I ' ~ l/ ~ ~ y. : ~ : b -- i~
l!', ,n=~~,F.!!r
! "III ..~'.E;~;i....
!rl' ,""ot .j, "'r"a-o"''''
" Lt !I i ~ i ~ ~
Ii 1'1' - z ~ ~
"1'1 I '
. ~
~ ..
,
I
.
I
~
JIL "
o
(
(
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
AGENDA
ITEM #
LOCATION
3
_~'" __, ~U'l l--~-If' .7T';'11 -~~,' "-w)" .\1,
'a: .' ' " A -P, . , '1 '4l_-=-.ru!1
~ R. I ?' . , , i:~~~O%II LjJ IH bi fl. J i1"~ ;'1
~ ~f-:o" .~~~~~~ ~_ " t'\1 ~-'" , :
Dmr]' ~Zl ~~ R-I 51 1 =ROO T
/'~ R-I CIlt c _I .. .... I!.VANS . n .
. , :1 II R-I f~~.' I'
, I' -;- Ji.Jlf.B: -_..BL_-l ~ (~.:s:C fl., \-E:~nT ".~~:I .' I
--tl'" A-I ~_:~ ' uU i" ;1-1 -'f-, -:lJ----i
-;;, t' ~,'.' ", , I -,~ -IL;;; r"!
s~uonL fi?l:.{.I//. - __--J r-"~ [-:-[
~;v ~.--;--) __ , ~AGi1crcIA./ ~-~
.// R:.:..'....-J R-I L .. -,I c:!- 14 TL... -
f '-::;, '::, JC ,'. :i~JP,.,
p.' II " - ICI Ml' C-
., . ~.t I " . j., ' '. !-.' I .~ .
.~, , J:-(Trl-- R~lij \ ;~;e \~iL' C_'l ' R..l ' , , I~'~~\ i'~~~T
tI~;: j~i -------~~f-":' I ~JA ~--1.=_-~ WrhC-~A j
f:;";lL1N~ S
C-3A C-3!. C-3A . n:;' 0:0.. rc;:', C:-,;. f. co. V371:f' \. r" -C-3 A -~ :0-..1 t
'__ C,:, ... -Il~:'i ~t~ '",~ ~ '--1 ~'r~---:-- 1" .
. T T T T ,_,- " - - . i__:" T ~. '~
R-2 R-2' R-2 R.2 R-2 'R-2 f(-I t:' (
M'IA R-I I~ fH R-3
"
P.RD, ~ 1 "
,., ::' " ,., ;.: bl OO~]L ;:~:
R-2.. R-2 ,R~I T
AT' A In _ . , t:\
R-2 \R-'21 1:-1. ,ZI
" _. __ t 9Ttf Sj~
~J R-! []~rZI;;::;lf--R"1 ~ iL fH "I:
11-2 ~~~ R-I-lZJ~~R'-1 ';i~ R-I ,~
'Plt <.J~ 1<1, " l
~ . 8TH
\ C ::[;AN}.(t ~,):- :~~7 J=-R..~T ~ RJ R- J ~~JE_.__~;~ ~
co
I
. "0"
,"0"
10TH
,J
R-l
R- I ,
R-I
STH
ST.
E
"OU