HomeMy WebLinkAbout39-Planning and Building
CI~" OF SAN BERNARD~ - REQUt.JT FOR COUNCIL AC ..".ON
Frank A, Schuma Appeal of Conditional Use
From: Planning Director Subject:
Permit No, 84-74
Dept: Planning Mayor and Council Meeting of
May 13, 1985, 2:00 p.m,
Date: April 26, 1985
Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on April 2, 1985, the
following action was taken:
The application for Conditional Use Permit No, 84-74 was unanimously
approved.
The Negative Declaration for environmental review was also approved,
Recommended motion:
That the hearing on the appeal be closed and the decision of the
Planning Commission be affirmed. modified or rejected,
~/I~-,
Signatu re
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,
Frank A. Schuma
Contact person:
Frank A, Schuma
Phone:
383-5057
3
Supporting rlata attached:
Yes, Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Cou nci I Notes:
Agenda Item No C' f~
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April 8, 1985
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APR 09 .1985
OFFICE OF THE CITY CLERK
ci ty Hall
300 North D Street
San Bernardino, California 92418
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Subject: Texaco Service Station, Southeast corner of
Pepper and Rialto Avenues, C. U. P. 84-74
MAYOR AND COMMON COUNCIL:
with reference to the above subject, the Planning Department
has stated that two of my four driveways must be closed. This
would allow traffic into my station but would not allow t~affic
out of the unit. In short, it would put me out of business.
No way can this possibly allow me to function as a retail ser-
.vice station outlet; the traffic could not flow in and out of
this unit.
In 1978 when I built the station, I complied with all city re-
quirements. In fact, I sought the aid of the City Traffic En-
gineer at that time (Mr. Bob Wirts)to advise me on where to
place my driveways. After receiving this advice, I designed
my unit to comply with the best traffic flow possible to elim-
inate congestion of traffic at the unit or on the city street
adjacent to the unit. To date, almost seven years later, we
have never had a traffic accident on my property or at any of
our driveways, going either in or out, or in the traffic on
Pepper or Rialto Avenues caused by vehicles entering or exiting
my driveways. '
Just recently, the Fire Marshal wanted the entire fuel island
on Rialto Avenue closed. This matter has since been resolved.
After seven years, I am still paying off my investment. In
my opinion, it is odd that in so brief a time the City wants
to change its mind and run my costs higher in order to close off
driveways that they approved such a short time ago---a change
that would seriously impair the usefulness and value of my
property and cause a dangerous loss of business at that location.
1405 WEST RIAL TO . SAN BERNARDINO, CA 92410 . PHONES (714) 885-3411 . (714) 824-3163
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Mayor and Common Council
April 8. 1985
Page 2
It is now being suggested that I close one driveway. This will
also create a traffic hazard on my property. with the present
volume of cars going there it would completely disrupt.traffic
flow in and out of my unit. The one driveway wi~l have more
traffic than it could possibly handle. A 65,00Q-gallon per month
unit must have proper flow in and out; if not, the motorist
will not come in!
Now, a motorist going north on Pepper Avenue can pull in and
exit on Pepper Avenue, continuing north in the direction he was
going. Motorists going south on Pepper Avenue always turn left
into the unit using our south driveway on Pepper. The north
driveway on Pepper is never used for ingress because it is too
close to the signal light. Seventy per cent (70%) of our traffic
enters on the south driveway on Pepper Avenue. Motorists pulling
into the unit on the south Pepper driveway island would have to
clash with traffic on our property that is being serviced on the
Rialto Avenue island and pull across three tra~fic lanes on
Rialto Avenue, make an illegal u-turn on Rialto Avenue tQ con-
tinue north on Pepper. This is really creating a traffic hazard,
both on my property and on Rialto Avenue.
I respectfully request that both driveways remain open so that
my business may continue as it has for the last seven years, with
no problems added to the traffic flow either on my property or
on the city streets fronting my unit.
For the reasons stated above I am requesting a hearing by the
Mayor and Common Council.
Thank you for your consideration in this matter.
Sincerely,
/
LA:ea
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CITY OF SAN BERNARDINO 300 NORTH "0" STREET,SAN BERNARDINO, CALIFORNIA 92418
W.R, "BOB" HOLCOMB
Mayor
Members of the Common Council
Robe,t A. Castaneda. . . . . . . . . First Ward
J.ck Reilly. . . . . . . . . . . . . . Second Ward
Ra!ph Hernandez. . . . . . . . . . . Third Ward
Steve Marks. . ... . . . . . . . . . Fourth Ward
Cordon Qulel . . . . . . . . . . . . . Fifth Ward
Oall Frazier. . . . . .-. . . . . . . . Sixth Ward
Jack StrIckler. . . . . . . . . . . .Seventh Ward
.
April 8, 1985
Frank Tracadas and Associates
463 No,rth Sierra Way
San Bernardino, CA 92410
Dear Mr. Tracadas:
------------At' the meeting of the Planning Commission on April 2, 1985,
the following action was taken:
The application for Conditional Use Permit No. 84-74, to
permit a 1,232 square foot mini-market in conjunction with an
existing self-service, gasoline station in the C-3A,Limited
General Commercial zone on approximately .48 acre located at
the southeast corner of Rialto Avenue and Pepper Avenue, was
approved based upon findings of fact contained in the staff
report dated April 2, 1985 and subject to the conditions and
standard requirements listed therein, with the following
modification:
Conditions:
2. Delete entire condition.
According to the San Bernardino Municipal Code,
19.78.070., the following applies to the filing of a
tional use permit:
Section
condi-
"The decision of the Commission shall be final unless appeal-
ed in writing to the Mayor and 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
,
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Frank Tracadas and Associates
Apr il 8, 1985
page 2
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hearing and may either approve, modify or reject the decision
of the Planning Commission."
If no appeal is filed pursuant to the previously mentioned
provisions of the San Bernardino Municipal Code, the action
of the Commission shall be final.
Respectfully,
~~
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cc: Building and Safety Dept.
Engineering Division
Leo and Eloise Amendt--------------- ---
1405 West Rialto Avenue
San Bernardino, CA 92410
CITY OF ~AN rt;:RNA:~OINU. - JEIVIORANUUM
To
Planning Comnission
Conditional Use Permit ~. 84-74
...
From Planning Department
Subject
Date April 2, 1985
Approved Item~. 17. Ward ~. 3
Date
OWNER:
Frank Tracadas & Associates
463 North Sierra Way
San Bernardino, CA 92410
Leo & Eloise Amendt
1405 West Rialto Avenue
San Bernardino, CA 92410
APPLI CANT:
This item was continued from the March 6, 1985 Planning Commission
Meeting in order for the applicant to attempt to resolve conditions
of aporoval regarding the closure of the two driveways nearest the
corner of Rialto Avenue and Pepper Avenue.
Comments from the Traffic Engineering Department are that the con-
dition shall remain as originally stipulated.
RECOMMENDATION
Based upon the observations and findings of fact contained in the
staff report, Staff recommends adoption of the Negative Declaration
and approval of Conditional Use Permit No. 84-74 subject to the con-
ditions and standard requirements listed therein.
Respectfully,
FRANK A. SCHUMA
Planning Director
~~d--~
EDWARD GUNDY -
Principal Planner
c, r YON r H I .::Ml:>>'V2IIE
,
r;ty OF SAN BERNAPI)INO PLANNING DEPARTMENT '\
SUMMARY
AGENDA ITEM
HEARING DATE
WARD
17
--ti 2-85
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APPLICANT Frank Tracadas & Associates
463'North Sierra Way
San Bernardino, CA. 92410
OWNER, Leo & Eloise- Amendt
1405 West Rialto Avenue
San Bernardino, CA 92410
Conditional Use Permit No, 84-74
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Subject property is a rectangularly-shaped parcel of land consisting of
approximately .48 acres located at the southeast corner of Rialto Avenue
and Pepper Avenue. The applicant requests approval of a conditional use
permit under authority of Code Section 19.28.020(C-4b) to permit a 1,232
square foot mini-market in conjunction with an existing self-service gas-
oline station in the C-3A, Limited General Commercial Zone.
EXISTING GENERAL PLAN - .-----
PROPERTY LAND USE ZONING DESIGNATION
Subject Service Station C-3A General Commercial
North Service Station C-3A General Commercial
South Vacant, Mobile Home Park C-3A General Commercial
East Vacant C-3A General Commercial
West Vacant C-2 General Commercial
GEOLOGIC I SEISMIC DYES FLOOD HAZARO DYES OZONE A ( nhES )
HAZARD ZONE []NO ZONE KINO OZONE B SEWERS ONO
HIGH FIRE DYES AIR PORT NOISE I DYES REDEVELOPMENT DYES
HAZARD ZONE []NO CRASH ZONE []NO PROJECT AREII !Xl NO
..J o NOT o POTENTIAL SIGNIFICANT Z !Xl APPROVAL
ex APPLICABLE EFFECTS 0
I- WITH MITIGATING - !Xl
Z(/) MEASURES NO E,I,R, te CONDITIONS
l&Je!) o EXEMPT o EIR REOUIREO BUT NO 1&.0 0
2:z I&.Z DENIAL
Z- SIGNIFICANT EFFECTS UJ
00 WITH MITIGATING ;:2 0 CONTINUANCE TO
a:Z MEASURES cn:E
>ii: 0
Z lXI NO o SIGNIFICANT EFFECTS ()
UJ S'GNIFICANT SEE ATTACHEO ER C, UJ
EFFECTS MINUTES a:
NOV. 1981 REVISED JULY 1982
SKY
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.r :TY OF SAN B~riNAP~INO PLAN~"ING L>EPARTMENT
CASE Canditianal Use
OBSER"ATIONS Permit NO'. 84-74
.. Y,"" I' ~~~~~:G 11~~E lLz_85
PAGE 2
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1. The applicant is propasing to' create a mini-market and service statian in
combinatian at an existing service station site located at the southeast
carner of Rialto Avenue and Pepper Avenue.
2. The site is approximately 21,000 square feet in area and is presently zaned
C-3A.
3. The existing structure on site is oriented to the west facing Pepper Avenue.
Staff has cancerns in relationship to- the orientatian af the building with
the placement of the existing full serve pump island adjacent to' Rialta
Avenue. The Uniform Fire Cade requires that there be full supervisian in
the dispensing of gasoline at the service station. With the pump island
placement as it exists and is being proposed, nO' visual supervision af the
pump island can be made. The Fire Department has recommended that this pump
island (adjacent to' Rialta Avenue) be removed sa that 100 percent of the
supervisian can be devoted to the pump island adjacent to' Pepper Avenue, A
letter fram the Fire Department is attached far the commissian review.
4, The submitted site plan further indicates that the access to the site will
be via two 36-foot driveways on-Pepper--AvenueaiicI -twa-36:"foot wide driveways
an Rialta Avenue. Typically in previous requests af like and similar pro-
prosals, the two nearest driveways to the Carner are removed and are recon-
structed with curb and gutter to' City specificatians. The cade further calls
far landscaping material to be set into the 5-foot setback area adjacent
street frontages plus 5 percent of the interior lot to be landscaped as well.
With the clasure of the two driveways additional landscaping will be required
from the eastern mast driveway or up to and araund the carner dawn to' a point
where it will not infringe up an the circulatian af the existing pump island
adjacent to Pepper Avenue,
5. The submitted site plan indicates that 15 parking spaces are being pravided
for the proposed mini-market/service station. The cade requires that there
be a minimum of 5 parking spaces provided on-site. Nearly the entire length
of the east property line has a landscaped strip a minimum of 5-feet wide
with additianal landscaping to the narth and sauth of the existing building,
6, The use of a mini-market is a use permited alone by right of the zone. In
conjunction with a service statian the minimarket would be campatable if
certain measures are met to assure such compatibility. In this case the
closure af the nartherly pump island is the greatest issue in order to camply
with the State Unifarm Fire Code Requirements. All other aspects of the pro-
pasal meet or exceed minimum requirements of the City of San BernardinO'.
(
CITY OF SAN BERNA
FINDINGS of
........ ~,
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INO PLAN ING DEPARTMENT
CASE Conditional Use
F' ^ leT Permit No. f4-74
H AGENDA ITEM _ 7
HEARING DATE _ 4-2-85
PAGE 1
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1. The site is sufficient in area and shape to accomodate the proposed mini-
market and service station use.
2. With the closure of the two driveways nearest the corner sufficient access
and traffic safety will be maintained for the proposed mini-market and
service station.
3. The proposed number of parking spaces (15) exceeds the minimum requirements
for a mini-market and service station of this size.
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NOV. ...0
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~TY OF SAN BERNA:. .JINO PLAr\.:ING DEPARTMENT
. CASE Conditional U"e
CO ir~ D ~ T I 0 ~~ S '~~~~~N~~~~E l7 [r:~~:b
PAGE 4
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1. The driveways nearest to the corner of Pepper Avenue and Ria1to Avenue shall
be closed and curbed and guttered to City specifications.
1 ete - -2-.- - '!.'he- -rm:i- ~-i:si=rd-mtj ''''''" L 't:tr"'Ri:ld'ttf' 1'\Vt!tl1.!'e-'mni1:r1ie- removea.
3. All aspects of the Uniform Fire Code such as emergency shut-off valves, fire
extinguishers and supervision of gas dispensing shall be adhered to as well
as other requirements of the Fire Marshall.
RECOMMENDATION:
Based upon the observations and findings of fact contained in this report, staff
recommends approval of the recommended negative declarations and approval of
Conditional Use Permit No. 84-74 subject to the attached conditions.
Respectfully submitted,
FRANK A. SCHUMA
Planni ~Director
er
(
CASE CUP.84-74
'tlITV OF SAN BEF~ .JARDBN'O
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STANDARD
REQUIREMENTS
,
AGENDA ITEM
HEARING DATE
PAGE
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COMMERCIAL, INDUSTRIAL
1. Conditional Use Permit No. 84-74shal1 be in effect for a period of 12 months
from the date of approval. However, if no development has been initiated at
the end of the 12-month period, the application shall expire. Additional
time may be approved upon request of the applicant prior to expiration of
the 12-month period. Expiration Date: April 2, 1986
PARKING:
2.
a. This development shall be required to maintain a minimum of 5 stan-
dard off-street parking spaces. ---
b. All parking and driving aisles shall be surfaced with two inches of AC
over a suitable base or equivalent as approved by the City Engineer.
Parking spaces shall be striped and have wheel stops installed at least
three feet from any building, wall, fence, property line, or walkway.
c. Whenever an off-street parki ng area is adjacent to or across an alley
. from property zoned residential, a solid decorative wall six feet in
height shall be erected and maintained along the property line so as to
separate the parking area physically from the residentially zoned pro-
perty provided such wall shall be three feet in height when located
within the required front or street side yard setb~ck. Where no front
or street side yard is required, such wall shall be three feet in
height when located within ten feet of the street line.
d. Whenever an off-street parking area is located across the street from
property zoned for residential uses, a solid decorative wall or equiva-
lent landscape berm not less than three feet in height shall be erected
and maintained along the street side of the lot not closer to the
street than the required depth of the yard in the adjoining residential
area. No fence or wall located in the front setback shall obscure the
required front setback landscaping.
3.
REFUSE ENCLOSURES:
Whenever refuse bins are located within or adjacent to a parking area used
by the public, they shall be enclosed by a decorative wall six feet in
height along the rear and sides and screened gate(s) six feet in height
along the front. The enclosure shall not be placed within the required
front or street side yard setback area. Exact location and size of refuse
enclosures are to be determined by the Planning Department and Division of
Public Services Superintendent.
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S.R. fORM 8
'AGE IOf J.
,""TV OF SAN BERCARDBNO
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STANDARD REQUIREMENTS
CASE Conditional Use
Pprmit No R4 74
AGENDA ITEM 17
HEARING DATE 4-2-85
PAGE 6
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WALLS:
a. Six-foot high solid decorative walls shall be required on the north
,south ,east ,and west or peri pheral property
lines. (OnTYthose marked with "x"(ir check mark apply.)
b. Chain-link fencing may be used, subject to approval by the Planning
Department.
3
LANDSCAPI NG:
The intent and purpose of this section is to prevent trees and other
landscaping from damaging public improvements.
a. Street trees must be installed at a minimum of 30 feet on center.
Varieties and exact location shall be determined by the Director of
Park and Recreation.
b. All required setbacks abutting a public right-of-way shall be
1 andscaped (except Jar walkL~!.l~__9Li v!!ways_.whi ~h bi ~ect or encroach
upon the required landscape area).
c. Three copies of a landscape plan (including plant material
specifications) shall be submitted to the Planning Department and Park
and Recreation Department for review and approval.
d. All required landscaping shall be protected from parking areas and
shall be provided with automatic sprinkler facilities which shall be
maintained in an operative condition.
e. Interior planting shall be required and maintained equal to at least
five percent of the open surfaced parking area excluding the area of
landscapi ng stri p requi red by subsecti on "b" and shall include at least
one tree for every five spaces or major fraction thereof. Measurements
shall be computed from the inside of perimeter walls or setback lines.
f. The required setback(sl from the north X ,south , east ,
west X property line shall be densely landscaped with mature trees,
shrubs, and groundcover. A a-foot landscaped earthen berm shall be
erected and maintained within the setback along the above indicated
property line.
-.L.
I LLUMI NA Tl ON:
a. All lighting fixtures in the parking areas shall be directed away from
adjacent properties and the public right-of-way.
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MAY H
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PAGE2Clf3
~ITY OF SAN BE~ARDINO ~-
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CASE Conditional Use
Permit No. 84-74
AGENDA ITEM 1/
HEARING DATE 4-2-8)
PAGE 7
STANDARD REQUIREMENTS
5
6
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MAY 84
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MECHANICAL EQUIPMENT:
a. Air conditioning and vent ducts shall be directed away from any adja-
cent residential uses.
b. All mechanical equipment located on the roof shall be screened and
located away from adjoining residential uses. Screening design shall
be approved by the Planning Department.
Compliance with all recommendations of the Geology Report shall be required
(if appli cable).
Grading and revegetation shall be staged as required by the City Engineer
in order to reduce the amount of bare soil exposed to precipitation.
During construction, the City Engineer may require a fence around all or a
portion of the periphery of the site to minimize wind and debris damage to
adjacent properties. The type of fencing shall be approved by the City
Engineer to assure adequate project site maintenance, clean-up and dust
control.
Within 75 feet of any single-family residential district, the maximum
height of any building shall not exceed one-story or 20 feet unless the
Commission determines that due to unusual topographical or other features,
such restrictive height is not practical.
All utility lines shall be installed underground subject to exceptions
approved by the Planning Department and the City Engineer.
No Certificate of Occupancy shall be issued prior to compliance with these
Standard Requirements as well as all provisions of the San Bernardino
Muni ci pa 1 Code.
SI GNS:
All signs shall be in conformance with San Bernardino Municipal Code
Section 19.60. Three copies of a plot plan and elevation of the sign drawn
to scale shall be submitted to the Planning Department for review and
approval prior to issuance of the sign permit from the Building and Safety
Department.
.
a. Monument-type signs shall not be located within the required setback
for the zoning district in which the sign is located. T~e monument
sign shall be located a minimum of 5 feet from the property line. If
the monument sign is located within the setback, it shall not exceed
an overall height of 3 feet.
b. All freestanding signs must have 8 feet of clearance between average
ground level and the bottom of the sign.
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S.R. . FOiHA B
Po\GE !llF!
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CASE Conditional Use
Permit No, 84 74
AGENDA ITEM 17
HEARING DATE 4-2-85
PAGE 8
STANDARD REQUIREMENTS.
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GENERAL
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NAY '64
ENGINEERING DIVISION
All grading shall be done in compliance with Title 15 of the Municipal Code
and the requirements of the City Engineer. The site/plot/grading plan sub-
mitted for a building permit shall contain sufficient ground elevations
(both existing and proposed), building pad and finished floor elevations,
graded slopes, and gradients to define the amount of grading to be done and
the means of draining the site.
All drainage from the development shall be directed to a public dedicated
street, alley, or drainage facility. If this is not feasible, proper
drainage facilities and easements shall be prQvided to the satisfaction of
the City Engineer.
Proper flood protection measures shall be provided to the satisfaction of
the City Engineer. All plans necessary to accomplish this requirement
shall be completed by the developer's engineer and approved by the City
Engi neer pri or to the issual+{;g-(}~-a-bu-Uc.i.ng--?e.rmit,
The development is located within 200 feet of an existing sewer main,
therefore, it shall be connected to the sewer system and shall be so shown
on the plans prior to issuance of a building permit.
The project is not located within 200 feet of an existing sewer main,
therefore a septic system shall be provided to the satisfaction of the
Building and Safety Superintendent and shall be shown on the plans prior to
the issuance of a building permit.
STREET IMPROVEMENTS AND DEDICATIONS:
All public streets within or adjacent to the development shall be
improved and dedicated to their ultimate dimensions as required by the
Municipal Code and the City Engineer.
Improvement plans shall be completed by the developer's engineer and
approved by the City Engineer prior to the issuance of a building per-
mi t.
Any work to be done within City right-of-way shall be done in accor-
dance with City Standards or as approved by the City Engineer and shall
be shown on the plans prior to the issuance of a building permt.
12
Curb returns and corresponding property line returns shall be provided
at the intersection(s) (20-foot radius for most streets).
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S.R. FORW C
PAGE t4 Of IS
CITY OF SAN ~NARDINO '-I
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ST ANDARD REQUIREMENTS
CASE Conditional Use
Permit No. 84~74
AGENDA ITEM 17
HEARING DATE 4-2.-8:,-
PAGE 9
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A handicap ramp shall be constructed at the intersection(s) and the
necessary right-of-way dedicated to accommodate the ramp as required by
the City Engineer.
All required dedications shall be completed prior to the issuance of a
building permit. The developer shall consult with the Engineering
Division concerning the processing of dedications.
For the streets listed below, dedication of adequate street right-of-
way to provide the distance from street centerline to property line and
placement of the curb line in relation to the street centerline shall
be as follows (for streets marked * the existing improvements shall be
removed and replaced to the dimensions noted):
Street Name
Riqht-of-Way (Ft.)
Curb Line (Ft.)
___._. .....1.i...-.
Existing driveways within 50' of the intersection to be closed.
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200 E, THIRD STREET . SAN BERNARDINO, CALIFORNIA 92410-4889
TELEPHONE . (7141383-5286
GERALD M_ NEWCOMBE
FIRE CHIEF
FIRE PREVENTION DIVISION
(714) 3B3,5388
January 30. 1985
Gasoline Service Stations
San Bernardino. California
SUBJECT: SUPERVISING DISPENSING
Dear Occupant:
In order to obtain the required permits to install and/or operate a gasoline
service station you must provide the following:
1. Plot plans and building plans showing all flammable liquid storage plplng
and dispensing along with a list of materials, equipment, and approval
numbers or listings.n -----------------. -- -
2. Description in writing' along with supporting information as to how you
will comply with Uniform Fire Code Section 79.903 (b). which states,
"SUPERVISION. The dispensing of CLASS I and CLASS II liquids into the fuel
tank of a vehicle or' into a container shall at all times be under the super-
vision of a qualified attendant.
The attendant's primary function shall be to supervise. observe and control
the dispensing of CLASS I and CLASS II liquids while said liquids are being
dispensed. It shall be the responsibility of the attendant to prevent the
dispensing of CLASS I and CLASS II liquids into portable containers not
in compliance with Section 79.104 (a), control sources of ignition, and
to give immediate attention to accidental spills and fire extinguishers,
if needed." .
\
The burden of proof is on the occupant to show that_ this section will be
complied with at all times.
Sinderely.
GERALD M. NEWCOMBE - FIRE CHIEF
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MIKEL J.,PARK - FIRE MARSHAL
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