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HomeMy WebLinkAbout08-Development Services IVNIONO CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Valerie C. Ross,Director Subject: Development Code Amendment No. 06-01 to modify locational criteria for drive-thru restaurants Dept: Development Services in the CR-3, Commercial Regional/Tri-City Club land use district. Date: January 16, 2007 MCC Date: February 5, 2007 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and said ordinance be laid over for final adoption. Valerie C. Ross Contact person: Aron Liang, Senior Planner Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct No.) (Acct Description) Finance: Council Notes: -&-7 d Agenda Item No. O CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 06-01 Owner/Applicant: j Kathleen Karahalio Tippecanoe Northpointe, LLC 1450 West 6th Street, Suite 201 Corona, CA 92882 951.280.4499 BACKGROUND The applicant requests that the Mayor and Common Council approve Development Code Amendment No. 06-01 to modify locational criteria for drive-thru restaurants in the CR-3, Commercial Regional/Tri-City Club land use district. The amendment will permit establishments with drive-thru facilities in areas north of I-10 abutting Tipppecanoe Avenue, subject to a Conditional Use Permit(Exhibits 1 &2). Currently, in the CR-3, Commercial Regional/Tri-City Club district north of I-10, the Development Code permits dive-thru facilities adjacent to Tippecanoe Avenue between I-10 and Hospitality Lane. This provision precludes development of any drive-thru facilities at the Northpointe office and retail development at the northwest corner of Tippecanoe Avenue and Hospitality Lane. The proposed Code amendment would revise the limitation on drive-thru locations in the CR-3 district by allowing them on any property abutting Tippecanoe Avenue, subject to approval of a Conditional Use Permit. The Planning Commission Staff Report (Exhibit 2)presents the proposed Code amendment and findings for adoption of the ordinance (Exhibit 3). At its meeting on November 8, 2006, the Planning Commission recommended approval of Development Code Amendment No. 06-01. The Planning Commission voted unanimously in favor of the proposed amendment. Commissioners Coute, Durr, Enciso, Mulvihill, Munoz and Rawls voted in support of the motion and Commissioners Heasely, Longville, and Sauerbrun were absent. FINANCIAL IMPACT None. The applicant paid the filing fees for the Development Code Amendment. DCA No. 06-01 Hearing Date:2.5.0 7 Page 2 RECOMMENDATION That the hearing be closed and said ordinance be laid over for final adoption. EXHIBITS: I Location Map 2 Planning Commission Staff Report dated November 8, 2006 3 Ordinance EXHIBIT 1 FLAND F SAN BERNARDINO PROJECT: DCA 06-01 NG DIVISION ION MAP USE DISTRICTS HEA RING DATE: 11/8/06 NORTH -..� fl 3 � i T 7, �.... ., d Nea m Ll m, � ProPos a _. 3 H SP,ITALIULSSN _ I GORAL TREE --'L E E t m ISYCAKU, RE r � � LAIJRELb'/0O MM _ 1 k .a HARRI ROSE DOD 4 , �. Proposed Area ( � y of San Bernardino � Permitted areas (South of 1-10 & adjacent to Tippecanoe Avenue between Hospitality Lane & 1-10 on i EXHIBIT 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Code Amendment No. 06-01 AGENDA ITEM: 6 HEARING DATE: November 8, 2006 WARD: 3 APPLICANT: Kathleen Karahalios Tippecanoe Northpointe, LLC 1450 West 6th Street, Suite 201 Corona, CA 92882 951.280.4499 REQUEST/LOCATION: A request to amend Development Code Section 19.06.030(2)(H)(1),to modify locational criteria for drive-thru restaurants in the CR-3, Commercial Regional/Tri-City Club land use district. The amendment will permit establishments with drive-thru facilities in areas north of I-10 abutting Tipppecanoe Avenue, subject to a Conditional Use Permit. CONSTRAINTS/OVERLAYS: None ENVIRONMENTAL FINDINGS: ❑ Not Applicable Not Subject to CEQA, Section 15061(b)(3) ❑ No Significant Effects ❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Program STAFF RECOMMENDATION: 0 Approval recommendation to Mayor and Council ❑ Conditions ❑ Continuance to: ❑ Denial DCA No. 06-01 Hearing Date:November 8, 2006 Page 2 REQUEST AND LOCATION Kathleen Karahalios on behalf of Tippecanoe Northpointe, LLC is requesting approval of a Development Code Amendment to amend Development Code Section 19.06.030(2)(H)(1), to modify locational criteria for drive-thru restaurants in the CR-3, Commercial RegionaUTri- City Club land use district. The amendment will permit establishments with drive-thru facilities, subject to a Conditional Use Permit, in areas of the CR-3 land use district located north of I-10 abutting Tipppecanoe Avenue. Currently, Development Code Section 19.06.030(2)(H)(1) limits the location of restaurants with drive-thru facilities in the CR-3 land use district to areas south of I-10 and adjacent to Tippecanoe Avenue, only between Hospitality Lane and I-10. The proposed amendment will allow drive-thru facilities where they are currently prohibited on Tippecanoe Avenue, north of Hospitality Lane. Specifically, the proposed amendment will modify the following sections of the Development Code: 1) Section 19.06.030 (2) (H) (1)will be modified as follows: "Establishments providing drive- thru facilities may be permitted in the CG-1, CG-2, CG-3, CG-4 and CR-3 (south of I-10 enlp and adjacent to Tippecanoe Avenue north of I-10 ) land use districts". 2) Section 19.06.010(2)(K)will be modified to read: "CR-3 (Commercial Regional-Tri- City/Club)District- This district is intended to permit a diversity of regional-serving uses including corporate and professional offices, retail commercial, entertainment (theaters, nightclubs, etc.),financial establishments, restaurants (drive-thrus south of I-10 and adjacent to Tippecanoe Avenue north of I-10 ), hotels/motels, warehouse/promotional retail, supporting retail services, and similar uses." The original purpose of the limitation on drive-thu restaurant locations in the CR-3 district was to maximize development of sit-down restaurants, in keeping with the theme of Hospitality Lane. The areas specified for development of drive-thrus were intended to be at the periphery of the CR-3 district, where pass-by traffic from I-10 would seek conveniences. The proposed amendment maintains that intent,but extends the"convenience zone" further north on Tippecanoe Avenue. This provision will also serve office workers in the area who would choose to pick up a convenient meal. In particular, the developer of the Northpointe office development at the northwest corner of Tippecanoe Avenue and Hospitality Lane has requested this amendment to benefit occupants of the future Wells Fargo office building already approved at this location. Construction of establishments with drive-thru facilities at the Northpointe project site, or anywhere in the CR-3 district would require approval of a Conditional Use Permit by the Planning Commission,pursuant to existing Development Code requirements. i DCA No. 06-01 Hearing Date:November 8, 2006 Page 3 BACKGROUND On March 21, 2006,the Planning Commission approved the Northpointe project,consisting of Tentative Parcel Map No. 17174 to create 9 parcels and Conditional Use Permit No. 05-36 to construct a five-story, 284,000 square foot professional office building with two parking structures and 22,000 square feet of retail shops in three buildings. The approval also included 42,300 square feet of restaurant space in six buildings located at the northwest corner of Hospitality Lane and Tippecanoe Avenue in the CR-3 land use district. Approval of the Northpointe project did not include any restaurants with drive-thru facilities. However,recent market research by the project developer indicates that establishments with drive-thru facilities would complement the office building and other uses approved at this location. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS The proposed amendment is not subject to CEQA,pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states that CEQA applies only to projects that have the potential for causing significant effects on the environment. The proposed amendment would not change drive-thru design standards nor does it modify the requirement for project-specific impact evaluation through the Conditional Use Permit application process. The proposed amendment would only increase the range of locations where drive-thru facilities may be located on the west side of Tippecanoe Avenue, north of I-10. This, in itself,would not have a potential to create significant adverse physical impacts on the environment. FINDINGS OF FACT 1. Is the proposed amendment consistent with the General Plan? The proposal is consistent with General Plan goals &policies as follows: General Plan Goal 4.1. states: "Encourage economic activity that capitalizes upon the transportation and locational strengths of San Bernardino." General Plan Goal 4.5 states: "Identify and attract new employment types/land uses that complement the existing employment clusters and foster long-term economic growth". General Policy 4.5.2 states: "maintain and enhance commercial regional cores and economically sound community-serving commercial concentrations by attracting new regional outlets, maintaining the existing regional retail base, and stabilizing the future regional retail base". The proposed amendment reflects the current market trends for retail commercial and office development to be complemented by consumer conveniences including fast- food restaurant facilities. DCA No. 06-01 Hearing Date:November 8, 2006 Page 4 2. Would the proposed amendment be detrimental to the public interest, health, safety, convenience, or welfare of the City? The proposed amendment would provide additional conveniences for the public, including office employees in the CR-3 land use district. The amendment will only affect Tippecanoe Avenue, a commercial corridor where drive-thru restaurants would be typical land uses. Since Tippecanoe Avenue is located at the eastern edge of the CR-3 land use district,the proposed amendment will not affect the integrity of district or land use compatibility within the district. The requirement for a Conditional Use Permit application will ensure land use compatibility and protection of the public health safety, convenience and welfare on a site-specific basis. CONCLUSION The proposed amendment meets all applicable Findings of Fact for approval of Development Code Amendment No. 06-01. RECOMMENDATION Staff recommends that the Planning Commission recommend that the Mayor and Common Council approve Development Code Amendment No. 06-01 based upon the Findings of Fact contained in this Staff Report Respectfully Submitted, ��r G 5w Valerie C. Ross Director of Development Services Aron Liang Senior Planner OFFICE OF THE CITY CLERK RACHEL G.CLARK,C.M.C.-CITY CLERK 300 North"D" Street•San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 www.sbcity.org San Bernar Ino $M February 7, 2007 Ms. Kathleen Karahalio Tippecanoe Northpointe, LLC 1450 W. 6`h Street, Suite 201 Corona, CA 92882 i Dear Ms. Karahalio: At the Mayor and Common Council meeting held on February 5, 2007, the following action was taken relative to Development Code Amendment No. 06-01: That the hearing be closed; that said ordinance be laid over for final adoption. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, I Rachel G. Clark City Clerk RGC:Ils pc: Development Services I CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity•Accountability•Respect for Human Dignity•Honesty 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTIONS 19.06.010 (2) (K) AND 4 19.06.030 (2) (H) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT ODE) RELATED TO DRIVE-THRU RESTAURANTS REQUIREMENTS. 5 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO O ORDAIN AS FOLLOWS: 7 SECTION 1. Chapter 19.06, Sections 19.06.010 (2) (K) CR-3 (Commercial Regional- 8 ri-City/Club) District and 19.06.030 (2) (H), Drive-Thru Restaurants, of the Municipal Code 9 10 Development Code) is amended to modify locational criteria for drive-thru facilities within the 11 R-3, Commercial Regional/Tri Club, land use district as shown in Attachment 1 attached hereto 12 and incorporated herein by reference. 13 SECTION 2. Severability. In the event that any provision of this Ordinance, or any part 14 hereof, or any application thereof to any person or circumstance, is for any reason held to be 15 inconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its 16 17 'ace or as applied, such holding shall not affect the validity or effectiveness of any of the 18 emaining provisions of this Ordinance, or any part thereof, or any application thereof to any 19 erson or circumstance or of said provision as applied to any other person or circumstance. It is 20 ereby declared to be the legislative intent of the City that this Ordinance would have been 21 dopted had such unconstitutional, invalid, or ineffective provisions not been included herein. i 22 23 24 25 26 27 28 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 2 CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTIONS 19.06.010 (2) (K) AND 3 19.06.030 (2) (H) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT ODE) RELATED TO DRIVE-THRU RESTAURANTS REQUIREMENTS. 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 5 6 ommon Council of the City of San Bernardino at a meeting thereof, held 7 Dn the day of , 2007, by the following vote to wit: 8 ouncil Members: AYES NAYS ABSTAIN ABSENT 9 STRADA 10 AXTER 11 RINKER 12 13 DERRY 14 ELLEY 15 JOHNSON 16 C CAMMACK 17 18 City Clerk 19 The foregoing ordinance is hereby approved this day of 20 007. 21 PATRICK J. MORRIS, Mayor 22 City of San Bernardino 23 Approved as to form 24 nd legal content: 25 AMES F. PENMAN ity Attorney 26 Y: 27 28 2 ATTACHMENT 1 CHAPTER 19.06 COMMERCIAL DISTRICTS Specifically, the proposed amendment shall modify the following: I. Section 19.06.010(2)(K), is amended to read: CR-3 (Commercial Region al-Tri-City/Club) District This district is intended to permit a diversity of regional-serving uses including corporate and professional offices, retail commercial, entertainment (theaters, nightclubs, etc.), financial establishments, restaurants (drive-thrus south of I-10 and adjacent to Tippecanoe Avenue north of I-10 and 1 !0 only), hotels/motels, warehouse/promotional retail, supporting retail services, and similar uses." II. Section 19.06.030(2)(H), is amended to read: H. DRIVE-THRU RESTAURANTS This Section contains standards for drive-thru restaurants as well as prohibition of same in specified land use districts. Drive-thru restaurants are subject to Conditional Use Permit review. 1. Establishments providing drive-thru facilities may be permitted in the CG-1, CG-2, CG-3, CG-4, and CR-3 (south of I-10 only and adjacent to Tippecanoe Avenue north of I-10 ) land use districts. MC 1098 7/5/01 2. Pedestrian walkways should not intersect the drive-thru drive aisles, but where they do,they shall have clear visibility,and they must be emphasized by enriched paving or striping. 3. Drive-thru aisles shall have a minimum 12 foot width on curves and a minimum 11 foot width on straight sections. 4. Drive-thru aisles shall provide sufficient stacking area behind menu board to accommodate a minimum of 6 cars. 5. All service areas, restrooms and ground mounted and roof mounted mechanical equipment shall be screened from view. 6. Landscaping shall screen drive-thru or drive-in aisles from the public right of way and shall be used to minimize the visual impact of readerboard signs and directional signs. 7. Drive-thru aisles shall be constructed with(PCC)concrete. i 8. Parking areas and the drive-thru aisle and structure shall be set back from the ultimate curb face a minimum of 25 feet. 9. Menu boards shall be a maximum of 30 square feet, with a maximum height of 7 feet,and shall face away from the street. 10. Drive-thru restaurants within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-thru restaurant must provide compatibility with surrounding uses in form,materials,colors, scale, etc. Structure plans shall have variation in depth and angle to create variety and interest in its basic form and silhouette. Articulation of structure surface shall be encouraged through the use of openings and recesses which create texture and shadow patterns. Structure entrances shall be well articulated and project a formal entrance through variation of architectural plane, pavement surface treatment,and landscape plaza. 11. No drive-thru aisles shall exit directly onto a public right-of-way.