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HomeMy WebLinkAbout33-Planning and Building CITY OF SAN BER~RDINO - REQUEST Q)R COUNCIL ACTION From: Al Boughey, Director Su~~: Appeal of Planning Commission denial of Conditional Use Permit No. 91-28 and Variance No. 91-08 Mayor and Common Council Meeting March 16, 1992 Dept: Planning & Building Services Date: March 12, 1992 Synopsis of Previous Council action: March 2, 1992, ~2yor and Common Council continued for staff to research other projects in this situation and additional review of the check issue. February 3, 1992, Mayor and Common Council continued to a date certain (March 2, 1992. January 21, 1992, Mayor and Common Council continued for a legal opinion. December 16, 1991, Mayor and Common Council continued for staff to research approaches to permit this project. November 6, 1991, Planning Commission denied the project. Recommended motion: The Mayor and Common Council may direct staff to prepare an amendment to the Development Code to permit this project to be processed under the previous requirements; or The Mayor and Common Council may direct staff to prepare an amendment to the Development Code to revise the distance criteria for convenience stores and for establishments with off-site sales of beer and wine and/or alcohol; or The ~layor and Common Council may deny the appeal and den CUP No. 91-28 and Variance No. 91-08. Contact person: 111 'R.t"\n~nDY Phone: 384-5357 Supporting data attached: Staff Report Ward: 6 FUNDING REQUIREMENTS: Amount: N / A Source: (Acct. No.! (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No. .3 J- - - CITY.OF SAN BERNe-DINO - REQUEST FC1' COUNCIL ACTION STAFF REPORT Subject: Appeal of Planning Commission denial of Conditional Use Permit No. 91-28 and Variance No. 91-08, requesting approval to permit the sales of beer and wine for off- site consumption and a variance from section 19.06.030 of the Development Code to construct a convenience store on less than the minimum required lot size and to permit a reduction in loading space requirements. Mayor and Common Council Meeting March 16, 1992 REOUEST At their meeting of March 2, 1992 the Mayor and Common Council directed staff to research other projects which could have been affected by adoption of the Development Code and the imposition of new and/or different development standards. The Attorney's Office was requested to do additional research on the disposition of the check. KEY POINTS 1. The check is not an issue relating to deeming the application complete prior to the effective date of the Development Code. 2. Similar projects that were "caught" between the new and old rules. 3. Based on land use considerations, our original recommendation was for denial. 4. A Development Code Amendment, narrowly defined for this issue, would allow the applicant to apply for a variance from locational criteria. 5. Suggest that the Mayor and Common Council open the public hearing on the land use issues prior to determining whether to proceed with a Development Code Amendment. DISCUSSION 1. The check was submitted with Review of Plans No. 91-13, an application to construct a retail /office building. This application did not seek to construct a convenience store nor to have off-site sales of beer and wine. Therefore, whether the check had cleared or not, is not an issue. The application for a convenience store with off-site sales of beer and wine was submitted after the Development Code was adopted and less than 30 days before its effective date. The application was not deemed complete prior to the effective date of the Development Code. 75-0264 o o Conditional Use Permit No. 91-28 and Variance No. 91-08 Mayor and Common Council Meetinq March 16, 1992 paqe 2 2. There were two other applications for convenience stores with off-site sales of beer and wine that were submitted prior to the adoption of the Development Code, but weren't accepted as complete until after the effective date of the Code. One of the applications was revised by the applicant to not include alcohol and the convenience store was approved. The other application was approved for a convenience store and denied for beer and wine sales. .:. Other projects that did not involve a convenience store or off-site sales were able to revise their plans to meet new Code requirements. ":: Prior to adoption of the Development Code, MC-770 was in effect. This ordinance established locational criteria and minimum lot size requirements for convenience stores. The effective date was April 12, 1991. Other development standards were the old Title 19 requirements which were adopted throuqh the Interim Urqency Ordinance. Under those "rules" the applicant could apply for a variance from locational criteria and minimum lot size. There were no locational criteria for off-site beer and wine or alcohol sales under the old Title 19 nor the Interim Urqency Ordinance. The Development Code incorporated standards for both convenience stores (the same as contained in MC-770) and off- site sales of beer and wine or alcohol sales. The Development Code limited variance applications and a variance cannot be processed for locational criteria. J. Staff recommended denial of this proj ect because we felt that the use was inappropriate qiven that it did not meet locational (distance) requirements from other land uses ie. other convenience stores, residential uses and reliqious facilities. 4. If the Development Code were amended to permit this project to be processed under the rules in effect at the time the project was submitted, a variance could be processed concurrently. However, the same health and safety findings would have to be made. o o . Conditional Use Permit No. 91-28 and Variance No. 91-08 Mayor and Common Council Meetinq March 16, 1992 paqe 3 ,. :.: CONCLUSION There were several projects (residential, commercial and industrial) that were "cauqht" between the old rules (Interim Urqency Ordinance) and the new rules (Development Code). Some were able to redesiqn to meet the new requirements and were then processed. Projects that did not meet new standards pertaininq to locational criteria could not be redesiqned to meet those criterion- they simply could not meet the standard. If a Development Code Amendment were approved to permit this project to be processed under the previous Code requirements, a variance could be processed also. Approval of the project would be continqent upon makinq positive findinqs. MAYOR AND COMMON COUNCIL OPTIONS 1) The Mayor and Common Council may direct staff to prepare an amendment to the Development Code to permit this project to be processed under the previous requirements; or 2) The Mayor and Common Council may direct staff to prepare an amendment to the Development Code to revise the distance criteria for convenience stores and for establishments with off-site sales of beer and wine and\or alcohol; or 3) The Mayor and Common Council may deny the appeal and deny CUP No. 91-28 and Variance No. 91-08. RECOMMENDATION Staff recommends that the Mayor and Common Council deny the appeal and deny CUP No. 91-28 and Variance No. 91-08. Prepared by: Valerie C. Ross, Actinq Principal Planner For Al Bouqhey, Director Planninq and Buildinq Services 4l!J 1. I o o C I T Y o F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM RECE!'I,,:"':i ("":" rt ':~V TO: Mayor and Common Council FROM: '92 Henry Empefio Jr., Deputy City Attorney "r~ 12 ?!:13 DATE: March 12, 1992 RE: Conditional Use Permit 91-28 and Variance 91-08 for 1255 West Baseline, Mr. and Mrs. Kenzie Wooten At the March 2, 1992 Council meeting, Councilmember Valerie Pope-Ludlam requested that the City Attorney's office re-examine the two checks submitted by the applicant for Review of Plans 91-13 and ascertain the date that these two checks were presented to and processed by the City. An examination of the application for Review of Plans 91-13, these two checks, and the supporting receipt shows the following: 1. submitted behalf of March 27, 1991 -- Steven an application to the City Kenzie and Brenda Wooten. J. Stiemsma of Value Homes for Review of Plans 91-13 on 2. March 27, 1991 -- Steven J. Stiemsma presented three checks to the City for processing fees for Review of Plans 91-13. Two of the three checks he presented were dated September 7, 1990. These two checks referenced the "Wooten job plan review" and the "Wooten Job" (copies of the two checks and the Planning Department's Miscellaneous Cash Receipt dated March 27, 1991 are attached) . 3. March 29, 1991 -- The City presented these two checks to the bank for deposit into the City's accounts. 4. April 3, 1991 The bank stamped these two checks "Account Closed" and returned them to the City Treasurer's office. 5. April 12, 1991 -- The Planning Department informed Value Homes and Mr. and Mrs. Wooten that the checks were returned by the bank unpaid (a copy of the April 12, 1991 letter is attached). An examination of the various subparts of the application for Review of Plans 91-13 reveals that all of the required application forms were not completed and submitted until March 27, 1991 (a copy of the application is attached): HE:js[CUP91-28.Mem] 1 $33 W'J/ L-.-?-/&-tJd-' A.. , o o 6. March 4, 1991 -- Kenzie and Brenda Wooten signed the Application. 7. March 4, 1991 -- Kenzie and Brenda Wooten signed the Letter of Authorization (Notarized signatures). 8. September 17, 1990 Preliminary Environmental Description form signed by Steven J. Stiemsma. 9. September 29, 1990 -- Application Supplement signed by Steven J. Stiemsma. 10. March 27, 1991 -- Review of Plans checklist signed by Steven J. Stiemsma. From the above-referenced evidence, it appears that the two checks "bounced" because the applicants' representative "sat" on the checks for more than six months before presenting them to the Ci ty on March 27, 1991. Upon receipt of the applicants' checks for Review of Plans 91-13, the City promptly attempted to negotiate them. The City informed the applicant within a reasonable time that the checks were returned by the bank. The applicant did not complete and submit all of the required application forms for Review of Plans 91-13 until March 27, 1991. ~1;~i~~ HENRY EMPENO, JR., Deputy City Attorney cc: James F. Penman, City Attorney Al Boughey, Director of Planning and Building Services HE:jB[CUP91-28.Mem] 2 . L'it:':1-141'!J1J:'l..1!'1-:l!!j '.~' ~_~_.~_A.~ -A. ~--o..O,.ft.a. O_CLQO_~ r- .' p: , .,~,.:-.._--;:::-:,~~,...-.~-~-;~:~,<-.-..,.- ~--...,'----'--- - --", :00' .-- i r -" - - "PAY 10 THE "- .'ORDER OF . _.' THE- .b~4-6' ~i.!>'Q1"U3 ." ' ~A;' DAtf~NSTRUCTION co. 1$O"N. MT. 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REED OIRECTOR April 12, 1991 steven Sti.emsma Value Ibnes 22365 Barton RJad Grand Terrace, CA 92324 RE: Review of Plans No. 91-13 Dear Sirs: OUr records sOOw that Review of Plans No. 91-13 was filed with the Department of Planning and Building Services on March 27, 1991. K:::1.iever, the project !lUSt be dealed Witlmawn because the check su1::mi.tted to the City of San Bernardino has been returned unpaid. Arrj further action regardin:J this project will require a resu1::mi.tted aj;plication with payment of fees in the fonn of a cashiers check. '!he City will process a refuOO for Check No. 2975 and this will be mailed under separate cover. If you have any questions, please call Mr. Paul Dukes, available in the City's Finance Department. Sincerely, / 4_ [11'17 rI:::~ S. . Assistant Planner cc: Kensie and Brenda W:loton 1588 Western Avenue San Bernardino, CA 92411 Paul Dukes City of San Bernardino Finance Department Sandra Paulsen Senior Planner DSM/das 300 NORTH 0 STREET, SAN BERNARDINO, C A L I FOR N I A 9 2 4 1 8 . 0 0 0 1 (114. 3. 4.5011/5051 .f" . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT APPLICATION FOR REVIEW OF PLANS q}-/?::> OWNER: ;1L/$L' / .!h&/p? '0~ ADDRESS: /,sgg d~ .-4't/F ~ ffpJek'.;?~//c// U TELEPHON . ~/~. fftf - 027/ APPLICANT: '~-U/e- (1H?~ ADDRESS: l$tV A/. /l/r t4~v 7 J$/ ~4.-:?/#~ U TELEPHONE' ~/~ /,&:1-srJ'6 DESCRIPTION OF PROJECT: :P'~ ~ &/?74:F ~~? GENERAL LOCATION: d-fr./ ~ ,d"6IW~Y/,.</O S'~~./ fri:W" tfI., f#fq~./[ ~~ ~ ;/Sl:.t/2:K/ / -1_ ~ c.P.HA:-.u~ .gr ASSESSOR'S PARCEL NO.: /S!'~ tJ;l/-~? ZONING DESIGNATION GENERAL PLAN DESIGNATION GEOLOGIC I DYES HIGH FIRE CG~~ /:~-:::? SEISMIC HAZARD ZONE: '-. HAZARD ZONE: FLoqD 0 YES 0 ZONE A AIRPORT NOISE! 0 YES REDEVELOPMENT MYES SEWERS: HAZARD CRASH ZONE: P ECT AREA: ZONE:. NO OZONE B ~NO o NO SUBMITTALS: \ ~ APPLICATION (ONE COPY). \lr( PRELIMINARY ENVIRONMENTAL DESCRIPTION. )!( SITE PLANS, FLOOR PLANS & ELEVATIONS \1rJ CHECK FOR $215.00 MADE PAYABLE TO SAN BERNARDINO (16 COPIES EACH, ALL FOLDED). COUNTY FLOOD CONTROL DISTRICT (IF APPLICABLE). ONE COLORED ELEVATION AND MATERIALS BOAR,,\ [!'( CHECKLIST SIGNED AND DATED. PRELIMINARY TITLE REPORT '\J~ \J0 SUPPLEMENTAL APPLICATION. (WITHIN LAST 6 MONTHS). ..../ ~ 8-1/2 X 11 TRANSPARENCY (SITE PLAN, LETTER OF AUTHORIZATION BUILDING ELEVATIONS AND FLOOR PLAN. (NOTARIZED). ;x.SIGNATURE OF 1:2-~ / #ni7 LEGALa~o~ER (S) ~t.',v /A.~(j~ APPLICANT :::::::::, DATE: DATE: DATE: 3-)df ';Ii. ~1I//9/' DATE APPLICATION RECEIVED: ASSIGNED APPLICATION NO.: E.R.CJ D. R. C. MEETING DATE APPLICATION ACCEPTED: o APPROVED o DENIED ~"-=~'G PlAN.2.03 PAGE 1 OF 3 (2..gQj CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT LETTER OF AUTHORIZATlON TO: CllY OF SAN BERNARDINO PlANNING AND BUILDING SERVICES DEPARTMENT FROM: (NAME): .&-Ae-% /,~._~. +/ (ADDRESS):. {;!!!' ~~~ (TEL NO.): ~/' .~/~;;,;;. RE: APPLICATION NUMBER(S): THIS LETTER SHALL SERVE TO NOTIFY YOU AND VERIFY THAT I/WE AMIARE THE LEGAL OWNER(S) OF THE PROPERlY DESCRIBED IN THE ATTACHED APPLICATION AND DO HEREBY AUTHORIZE: -'- (NAME): (ADDRESS): (TEL NO.): 1~ TO FILE AND REPRESENT MY/OUR INTEREST IN THE ABOVE REFERENCED APPLICAIT9!'1(S). IJWE AM/ARE THE LEGAL OWNER(S) OF SAID PROPERlY; HAVE READ THE FOREGOING LETTER OF AUTHORIZATION AND KNOW THE CONTENTS THEROF; AND DO HEREBY CERTIFY THAT THE SAME IS TRUE OF MY/OUR OWN KNOWLEDGE. IJWE CERTIFY (OR DECLARE) UNDER PENAL TV OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNIA THAT THE INFORMATION . CONTAINED IN THE ABOVE REFERENCED A~UCATI S) IS TRUE ANo.CCRRECT. SIGNATURE(S) OF LEGAL OWNER(S)~ .3 /4- ! '7 ( JATE a '-I7"i1 . , CATE CATE SUB~GRIBEDANDSWORNTOBEFOREMETHIS .L../t:!::. DAYOF .~ c.L 19.::LL. /) f2y~ ? JC'-y~ NOTARY4iuBLlC IE11Y E. SOIIEIlH IIOTMY I'\IUC. CMSaIIM _lOIII' ..... CCIlfI1'I III __ r......_ 6,1113 aT'I''1I''WI~ GUnIW..,..,...--.u ~1J,H.5.07 ~AG;; ~ OF ' (4090) r QTy OF SAN BERNQlDINO '" PLANNING DEPARTMENT PRELIMINARY ENVIRONMENTAL DESCRIPTION FOAM ~ ""'- (PUBLIC WORKS PROJECTS SHALL INCLUDE ATTACHMENT 'A1 " r APPLICATION NOMB!R A. GENERAL IN1'ORMA'UQl! 2. Contact person for environmental (!JM",E . Na.e 1. Applicant/Developer . r 'S""T~/""5~, ~ v: ~6'Y~..-4 Nfl '{4jt4= ~.F..r Firm .,$0 #~WAV' Street Address JJw ~A#H~t:> &. City State Zip (~{{ ~87 - ~~?/ Te ephone Number Telephone NUmber Firm Street Address City State ZiPt 3. Address/General Location of Project .&/Z/ <Pear ~~ e'~~ 4. Assessor's Parcel NUmber(s) /3"JI'J~/-Clj S. Description of Project &t:t? dft./X" ~",",,1'!L """',.,nr~ 6. ll... Will any permits be reqUire~Om agencies other the city? yes no than If yes, list the permits and responsible agency: ~ . REVISED 10/87 PAGE 101'5 ~ s. ''''''IlCl'. ~ $." '3Z;t! 1. Site Area. t;; b ';).(). square o ~ 2. Building Height, feet Build~ng Area, 2t2~~ square Parking R.quir:ed,'L spac.. Parking Provid.d: A spaces feet, ./ ~ / acr... 3. HUllber of Ploon, '2 4. f.et 5. 6. If off-site parking is proposed, pl.ase explain. 7. Will project be built in phas..? ye. L no a. If yes, how many units/square feet per phase? b. Total units, square feet? c. LAmUJ~1 Subject Property: ~/~~7 I~~~~~~ . Existing, .North (:~) /~8U,N/_ South JlAi/b&?r/~/ East &x~J7'(/~ V&c"" West rx/sn,u,c: kht:~, /~.;;} / - l D. fHIjJ~~~_SITE AR~ (,{f'M7NtJ k:! 4.~~ Pr~osed: C~A!? ~/..,.-.c: p~~>>/ a/v..w~/At/ ~.-~~ 1. Indicate any unique existing topographic features. ;t:4.,.,- .ex'/.p7Uf M;:vr,e- p.J"Q).Hr" ~~e:E ,~ 2. Will the project modify existing natural features? Explain. d 3. If applicable, estimate cubic yards of grading involved in project: Cut- P11l- 4. Maximum height and grad. of natural slop.., /~~ \... ....i REVISED 10/87 PAGE2OF5 r 5. Maximum be~bt and grade of construc~ S.Lopes. ~E "'IIIl' 5. .etbode used to prevent soil during construction. and after t5Ib.IP ~ . erosion in project develop.ent. are. E. PLORA AJIIL. UJlN. 1. List types of vegetation and tr... in project area. duG" 2. List types of wildlife found in project area. ,tb/~ P. ~ltgu.JPt.QSi.JC~LLBISTORICAL 1. Is there any known archaeological of the site.area or ~ithin 1/2 mile If so, explain: &&. -j. or bistorical si9nlei~ance fro. the proposed site? G. HUMAN_J6fMUmJPnAM 1. Will the project increase project area? Explain. ~Stin9 noiae levels in the 2. Will the project use, store or dispose of potentially hazardous materials such as~oxic substances, flammables or explOSives? Explain ~ 3. Will tbe project increa.e od~durin9 construction the amounts of dust, ash, sllOke or or after development? Explain. II. lbW~n_AND SBRVICIt. IMPAC'l'S 1. Location of nearest Pire Station. .9r~ $'r / ~K:' /A.1h PHI' I/h?vN/ ~ Dia.tance from project site./:l;<r AIr" , \.. ~ PAGE 3 OF 5 REVISED 10187 o Location of neareat police Station. /} _ -'7IL Di.tanc. froll project aite. ~,~ ~~ Location and nail.. of ne.reat. school.. &-d ./'f"#~ ~r V...,...,_ . :;:;:: SChool- district.. :fi ~ Jft ..../t!~ Distanc. froll project aite. ,~ -,:;r HIY~I Location and nu. of near..t parka. h/L./I9~..#AIlI!L' .~ $r .7 ~.r~ Distance froll proj.ct site. ~ ~/~~ Location and nu. of neareat library. Distance froll proj.ct .it.. ~~~~ 6. .~. sewer trunk 11ne. available within 200 feet of project sit.? ~ ye. ____ no If no, how far? 2. 3. 4. s. 7. Sewer capacity rights purchaaed? _ ye. _ no number. ____. .i . :t 8. Ar~ater trunk lines available within 200 f.et of project .ite? ~ yes ____ no I. MITIGATI9~-IEASURBS (Attach additional sh..t. if n.c....ryl De.cribe type and anticipated effect of any mea.ur.. propoaed to lIitigate or elillinate pot.ntially .ignificant adver.. .nviro~ntal impact.: ~L .~ A~.?//-"-- At"A#~L'/~.~ ...~~- -"'f~ ~r - REVISED 10/17 PAGE 4 OF 5 o J. ~7.7~'BMBN'l'S . Ye. No V. 1. Geology/Soil. aeport 2. Liquefaction ~ort 3. Traffic aeport 4. Noise Analy8ia 5. Drainage Study 6. P reI iminary Grading Plan a..---- v v ~ .............- K . ~jrJ~p.l'J9B i . I hereby certify that the statementa furnished above ihd in the attached exhibits present the data and information required for this initial evaluation to the beat of my ability, and that the facts, statements, and information pre.ented are true and correct to the best of my knowledge and belief. ( ~ V ~$.A!PYA /' i"- ~-~ D~ / Foa: ~..~~~ . of I'lL! REVISED 10/87 PAGE 5 OF 5 . ^ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT APPLICATION SUPPLEMENT APPLICATION # ... ,. 1. List names and addresses of all principles, including owner, operator, applicant, etc. (Add pages n necessary). ~~r ,~//-- ;t,~~ '~/'Ja/YA-~#/'1r~~tsvfJP' ~ tf}uUBt..' .eU~/E ~ - /')~ Jt/~ .4v~( .Av~p'~w,./. ... 2. Describe the actual type of business proposed, particularly any features unique to this type of business or operation. ~r'~~-J~ 9?'t'~J,~I'(" 3. List all types of materials, all chemicals, and all equipment used inthe business, particularly hazardous materials and equipment which might generate light, odor, noise, dust, vibration, etc. A/f,,U.e;- . 4. Do any ~se materials or chemicals require CalOsha Materials Safety Data Sheets? Yes ' No ~.~ If so, please identify. .... ..,j ~.=n:r~ PlAN-8.D4' PAGE 1 OF 2 (4-80) " 5. Describe hours of operation. ~.W #/'1' - ~.W ~ 7t6i'J Ai#? - /?~ 10_ CI"'7lc.e ~ 6. Total anticipated number of e"",oyees .f ( f;z;w; -:? ~~e.IF 7. Totalnumberofemployeesonsheatanyonetime :2 ,~E'" 2' ~~&t >2rr , 8. Does the business Involve the sale of any food or beverages? If so, please describe in detail. ~ ~-~ 9. Does the County require a Business Plan? Yes NoL 10. Government Code Section 65962.5 requires the Planning Department to make available to applicants the most rorrent list of "Identified Hazardous Waste Shes" from the state Office of Planning and Research. All applicants must sign the following statement in order to deem the application complete. "I, .~~/ d ~~~ . certify that I have reviewed the list of "Iclentifled Hazardous Waste Shes" from the state Office of Planning and Research (OPR) and have determined he' this application~' ~n that list." Name Date ll/-ft Title ~..=..=== PI.AN-8,04 PAGE20F2 (4.QO) . ~ ." ,n ^ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT REVIEW OF PLANS CHECKLIST . ~ The lollowing ftems shall be shown and labeled on the submilled plot plan. Distinguish between existing (dashed lines) and proposed (solid lines) and show sufficient dimensions to deline all ftems. Plans should be drawn to scale by a qualRied individual such as an Archfteel. Engineer or Ucensed Building Designer. /-. 1. Property Hnes and cimensions. / 2. Buildng and slrUdUre footprints. 'v: 3. /4. \ 05. /6 ~: Preliminary greding and melhod of draining the sfte. ~3. ~. .~. Dn_ays: a) show all points of ingress and egress; b) show oonftict points such as oIher _ays, streets or allays wilhin 300 feet of proposed driveway (can be on a h,16. separal8 plan); c) must show palh oIlravel aaoss driwway. ,,-\t.I. ~"f' 1.:--.J.A"( ~4'i 41.......< 17. Handicapped part<ing, ramps, signs and pavement , 18. markings. /7. Par1<ing layout showing sizes and location of each stall, backoUl areas and driving aisles. Wheel CUlb and/or minimum 25 foot landscape divider. 09. .,/20. .~. v4. vA3. y6 rye plans shall contain the lollowing information in a legend: J~ Square footage or gross and net acnlIlge 01 property. 9. ~. Square footage of buildng or addition. 10. !fl. Square footage 01 landscaping, existing and proposed iJJp 11. wiIh dimensions and percent of landscaping. / 0'2. V 4. Lot coverage (%). /5. Par1<ing required, parlIing provided (covered and ~. uncovered). /6. /7. /8. Loading zones. Dimensions and nalure 01 all easements. Location map (vicinity map) Location of water/sewer mains. ,12. Ultima Right 01 Way (inlonnallon available from Engineering Department) - Typa of building oonS1l'UCtion. Automatic sprinklers in building, (yes or no). - Zoning disbict. C6- - 2- Frontage streets: name, centerline, curbline, right-of- way, improvements and utility pcles. Location, height and composition of walls and fences. Location of refuse enclosures wiIh wall height and type of materials. Outside storage area. Location and melhod of fighting (hooding devices). 0 If Location of fire hydrants. 0 J Vard and spaces between buildings or beIWeen property lines and buildings. Setback distances: a) zoning; b) earlhquake; c) ftood control. Sidewalk and inl8rior walks induding ramps and curb ramps. Landscaping: building setbacks, par1<way and required percent of parking lots. Concrete header separating all paved vehicular areas from landscaping. Norlh arrow and scale. Building oocupancy. Number of employees (if known). Square footage of seating (if applicable). Nature of business. Assesso(s parcel number, legal descripllon and address. ,/14.. Name, address, and phone number of plan preparer and applicant. . 15. Liquefaclion Zone (Ves or No). - I HEREBY ACKNOWLEDGE THAT I HAVE INCLUDED ALL OF THE IlEMS L1SlED ABOVE AND UNDERSTAND THAT MISSING IlEMS WILL RESULT IN THE DELAY OF THE PROCESSING OF MY APPLICATION. ~ I em' ~ aM ......-c --- 3-~~ / DATE . .:!~r lfATE PlAH-2.03 PAGE 3 OF 3 (2-90) ..u. ~ ~ _ 4. JII L - o o o CITY OF SAN BERNARDINO OFFICE OF THE CITY ATTORNEY JAMES F. PENMAN City Attorney February 25, 1992 Opinion No. 92-05 -i\ TO: Mayor and Common Council RE: Conditional Use Permit 91-28 and Variance 91-08 for 1255 West Baseline, Mr. & Mrs. Kenzie Wooten ISSUE o What options are available to the Mayor & Council on the appeal from the Planning Commission's denial of Conditional Use Permit [CUP] 91-28 and Variance 91-08 to construct a convenience store with off-site sales of beer and wine? CONCLUSION Based upon the facts underlying this appeal, the Mayor and Council have only the following two options permitted by law: ( 1 ) The Mayor and Council may deny the appeal and deny CUP 91-28 and Variance 91-08: or (2) The Mayor and Council may continue the hearing and direct staff to process an amendment to the Development Code to revise the distance criteria for convenience stores [Section 19.06.030(2)(F)] and for establishments with off-site sales of alcoholic beverages [Section 19.06.030(2)(B)]. The Mayor and Council cannot approve CUP 91-28 or Variance 91- 08 at this time because the applications are inconsistent with the Development Code. III o III CITY HALL 1 300 NORTH 'D' STREET. SAN BERNARDINO. CALIFORNIA 92418 3-1' - z (714)384-5355 A..,.-.,.Al...jACl..'.,- , 33 o o o - tb.. ~ Uti - o o To : Mayor and Co_on Council Re : Conditional Use Perait 91-28 and Variance 91-08 for 1255 West Baseline, Mr. & Mrs. Kenzie Wooten Page: 2 FACTS (Taken from Planning Department Files and Staff Report and discussions with Value Homes and Planning Department staff) The applicant requests a CUP to establish a convenience store at 1255 West Baseline Street, which would include off-site sales of beer and wine. The applicant also requests a Variance from Development Code Section 19.06.030(2)(F) which requires a 10,000 square foot minimum lot size for convenience stores and a Variance from Development Code Section 19.26.040 which establishes standards for off-street loading spaces. The project is proposed for a 6,250 square foot site which is located 255 feet from a community church, the Iglesia Church of God Pentecostal, at 1207 West Baseline street. The subject property is also located next door to an existing residence at 1247 West Baseline street, and within 1,000 feet of four existing outlets for off-site sales of alcoholic beverages. On March 27, 1991, the property owners, Kenzie and Brenda Wooten, initially submitted through their agent, Steven J. Stiemsma of Value Homes, an application filed as Review of Plans 91-13 to construct 2,500 square feet of retail/office space on the subject property. [A copy of Application for Review of Plans 91-13 is attached ~s Exhibit 1.] Although the Application Supplement states that the business will involve the sale of pre-packaged food and beverage as a "convenience store", this application did not request a permit for off-site sales of alcoholic beverages. Also on March 27, 1991, Steven J. Stiemsma submitted three checks which totaled $1,460.00 for processing fees for Review of Plans 91-13. [A copy of Miscellaneous Cash Receipt dated March 27, 1991 is attached as Exhibit 2.] Two of the three checks which Mr. Stiemsma presented on March 27, 1991 were dated September 7, 1990. These two checks referenced the "Wooten Job plan review". [A copy of the two checks is attached as Exhibit"3.] On or about April 3, 1991, the bank stamped these two checks "Account Closed" and returned them to the City Treasurer's office. On April 12, 1991, pursuant to Municipal Code Section 3.10.010, the Finance Department informed and directed the Planning Department to discontinue processing the project due to unpaid fees. On April 12, 1991 the Planning Department telephoned Value Homes, advised them of the circumstances and the fees necessary for continuing the project, and advised them that a Historical Resources Evaluation Report was needed if they planned to demolish a structure constructed prior to 1941. At that time, Value Homes requested that the Planning Department deem the HE/.../CUP91-28.opn 2 o o o ~ - - o o .' To : Mayor and Co_on Council Re : Condi~ional Use Permi~ 91-28 and Variance 91-08 for 1255 Wes~ Baseline, Mr. & Mrs. Kenzie Woo~en Page: 3 application withdrawn and close the case. The Planning Department deemed Review of Plans 91-13 withdrawn on April 12, 1991. [See attached Exhibit 4, a copy of a letter from the Planning Department to Steven J. Stiemsma of Value Homes dated April 12, 1991, which shows a copy sent to Kenzie and Brenda Wooten.] The property owners and their representative subsequently contacted the Planning Department to determine if the application could be revised and new fees submitted in order to develop a proj ect for this site. The Planning Department met with the property owners and their representative, Paul Weiler of Value Homes, and advised them that Ordinance MC-770, effective April 12, 1991, required a 10,000 square foot minimum lot size for convenience stores. After reviewing the site characteristics, the Planning Department determined that the applicant needed to submit fees and a new application for the off-site sale of beer and wine and an application for a variance to permit construction of a convenience store on a parcel less than 10,000 square feet in size. On May 11, 1991 the applicant submitted CUP 91-28 and Variance 91- 08. On May 30, 1991, the Development Review Committee met wi~h the applicant and requested that he submit a revised site plan and a Historical Resources Evaluation Report pursuant to Ordinance MC-694 because the project proposed to demolish a structure which was believed to have been constructed prior to 1941. On May 30, 1991, the Planning Department sent a letter to Value Homes with a copy sent to Kenzie and Brenda Wooten, informing them that their applications for CUP 91-28 and Variance 91-08 were incomplete because a Historical Resources Evaluation Report was not submitted. [A copy of this May 30, 1991, letter is attache~ as Exhibit 5.] Also on May 30, 1991, the Planning Department sent a letter to Value Homes informing them that the City's new Development Code would become effective on June 3, 1991 and that CUP 91-28 and Variance 91-08 would be subject to the new Development Code if the project applications were not completed by that date. [A copy of this May 30, 1991 letter is attached as Exhibit 6.] The Planning Department received the applicant's revised site plan on June 18, 1991. The applicant submitted the Historical Resources Evaluation Report to the Planning Department on August 6, 1991 [A copy of the submittal letter dated August 6, 1991 from Value Homes is attached as Exhibit 7.] The Planning Department deemed the applications for CUP 91-28 and Variance 91-08 complete on August 9, 1991. [A copy of the "deemed complete" letter which was mailed to Value Homes and a copy sent to Kenzie and Brenda Wooten is attached as Exhibit 8.] HE/aea/CUP91-28.opn 3 o o o u o o To : Mayor and Common Council Re : Condi~ional Use Perm:i~ 91-28 and Variance 91-08 for 1255 Wes~ Baseline, Mr. & Mrs. Kenzie Woo~en Page: 4 On November 6, 1991, the Planning Commission held a noticed public hearing on CUP 91-28 and Variance 91-08. The applicant, Kenzie Wooten, and Carl Dean and Peter A. Mecudante spoke in support of the application. Three neighboring residents on Orange Street: John Hernandez, Lupe Moranga and Jim Rodriguez opposed the application. Norma Garcia, representing over 150 people at her church, the Iglesia Church of God Pentecostal at 1207 W. Baseline, also spoke in opposition to the application. The Planning Commission voted 4-3 to deny CUP 91-28 and Variance 91-08. ANALYSIS Development Code Section 19.06.030(2)(B) prohibits businesses which require a California Department of Alcoholic Beverage Control license from locating within 500 feet of any religious institution and 100 feet of any residence, among other requirements. Development Code Section 19.06.030(2)(F) prohibits convenience stores from locating within 1,000 feet from an existing convenience store, among other requirements. CUP 91-28 and Variance 91-08 do not comply with these ordinances in the Development Code because the proposed site is located next door to an existing residence, within 255 feet of an existing church, and within 1,000 feet of four existing convenience stores. Development Code Section 19.36.050(1) requires that the proposed use comp1y with all applicable provisions of the Development Code. A variance under Development Code Chapter 19.72 cannot be granted to these applications to avoid these distance regulations because Section 19.72.030 prescribes that variances may be granted only for specified requirements which do not include these distance regulations. The Development Code became effective June 3, 1991. The applications for CUP 91-28 and Variance 91-08 were deemed complete on August 6, 1991. Thus, pursuant to Development Code Section 19.02.070 (7) , these applications cannot be approved unless they comply with the Development Code. A review of the evidence has shown that the City has processed these applications in a timely manner. The applicant's failure to complete all application requirements prior to the effective date of the Development Code was not due to any transgressions by City staff. HE/Bes/CUP91-28.opn 4 o o o . o o " To : Mayor and COllllllOn Council Re : Condi~ional Use Permi~ 91-28 and Variance 91-08 for 1255 Wes~ Baseline, Mr. & Mrs. Kenzie Woo~en Page: 5 Upon receipt of the applicant's checks for Review Of Plans 91- 13, the City promptly attempted to negotiate them. The City informed the applicant within a reasonable time that the checks were returned by the bank. Apparently the checks "bounced" because the applicant's representative "sat" on the checks for more than six months before presenting them to the City. In conclusion, these applications for CUP 91-28 and Variance 91-08 cannot be granted unless the distance requirements in the Development Code for convenience stores and ABC licensed businesses are amended. Respectfully submitted, ~ry~~ HENRY EMPERO, JR., Deputy City Attorney Concur: JAMES F. PENMAN ,J~ cc: W.R. Holcomb, Mayor Council Members Rachel Krasney, City Clerk David C. Kennedy, City Treasurer Shauna Clark, City Administrator All Department Heads HE/ses/CUP91-Z8.opn 5 - p--a3 . ~/I{P/?L ~-c-..::~.... -'. ~ n3, .;1'1-- 3/iLJ .qr]~/r~ 3-/&-92. 33 o o WE TRB UHDBRSXGHBD WXS. TO OBJBCT TO PBRKXT '91-28 AND ~XAHCB '9108 DItD 16. WE DO BOT WANT ANY SALBS 01' BBBR AND WXHBII ~ / 11.Erv",---~CW;;~ p,,~y /2-clW ~"5~L~,.JC. 9T- :::$~~j ~ ;~:;j;~O;:\~:;~ 14.k~j &vw. .t~4~b. J(; /~~ /J..07 W '!&.R(br.{ 4. 15. ::rz ArJ i -:r:.~S /I ~;1J ~.~. (Co(? Ci"'eo..l'1 C,O II~/. w ell-.f~Ul1e 16. ~ "';nk ~~nw~ 'idle} &..."d'.q...e'. 17. 7J~ . II 7 4- J~,,^- ~W ..<..." L</~,~"-e-~ rI/-( f ~~W /:23.1 tJ 20.'7f..~~. /~.3ltJ.~ 21;:;t/A~ T~~/L /~ 3/ iJ OK.AAifjf: s--r :~~/~~~.tt DHI 4. 6. 7 f~ ( \-." ~ ," .f- ADDRBSS fF33 ~ /11.1 /j:z...., , o o , ZONING tional use permit is proposed, shall be given at least ten days before the hearing, in the following manner: I. The notice shall be published at least once in a news- paper of general circulation published and circulated in the City. 2. The notice shall be mailed or delivered to all persons, including businesses. corporations, or other public or private entities shown on the last equalized assess- ment roll as owning real property within five hundred feet of the property which is the subject of the pro- posed conditional use permit. C. -Provided there is compliance with Items I and 2 of Section 19.78.040B. failure of any person to receive the notice required by this section shall not invalidate any action taken. (Ord. MC-134, 1982: Ord. 3768 ~ ~ 6 and 7, 1978; Ord. 1991 ~ 28.4. 1953.) 19.78.050 Required findings. All conditional use permits may be granted by the Mayor and Common Council or Planning Commission after the re- quired public hearings. Before the Mayor and Common Council or Planning Commission may grant any request for a condi- tional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: I. The proposed use conforms to the objectives of the City's General Plan Elements: _ 2. That the proposed use will not adversely affect the adjoin- ing land uses and the growth and development of the area in which it is proposed to be located: 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare: 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area, and that adeq uate parking is provided: _ 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the (San Bernardino 4-89) 1224 #'33 . o o \ CONDITIONAL USE PERMITS peace, health, safety, and general welfare of the citizens of the City of San Bernardino. 6. In the granting of any Conditional Use Pennit for either on-sale or off-sale of alcoholic beverages, the following findings must also be made: A. The introduction of alcoholic beverage sales at the proposed 7 location will not pose any known significant impacts to the surrounding land uses. B. The introduction of alcoholic beverages sales the proposed location will not create an adverse impact on the surrounding traffic pattern nor will a parking congestion be generated. C. The proposed sale of alcoholic beverages will be within a development which is consistent with the objectives of the elements of the City's General Plan. D. The proposed use will not contribute to an undue concentra- } tion of alcohol outlets in the area: E. There will be no detrimental effect on nearby residentially \ zoned neighborhoods considering the distance of alcohol J outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, or other existing alcohol outlets. (Ord. MC-62I, 3-7-88; Ord. MC-134, 1982; Ord. 1991 ~ 28.5,1953.) 19.78.060 Conditions of approval. The Commission shall set forth such conditions as it deems necessary and reasonable to protect the best interest of the surrounding property or neighborhood, and the General Plan or the intent thereof. (Ord. MC-134, 1982; Ord. 1991 ~ 28.6, 1953.) , , 19.78.070 Decision by the Commission - Appeal. The decision of the Commission shall be final unless an appeal is taken to the Common Council in accordance with the provisions of Chapter 2.64. (Ord. MC-4lO, 9-17-84; Ord. MC-134, 1982; Ord. 1991 ~ 28.7, 1953.) 19.78.080 Temporary use. A. Notwithstanding any other provision of law to the contrary, the Planning Commission may grant immediate permission with conditions for the temporary use of vacant land, not to exceed ninety days, for religious purposes and for assembly group meetings, public gatherings or related purposes in C-I, C-2, C-3, C-3A, C-4, CoM, M-I and M-2 districts and for City sponsored events in any zoning 1224-1 (San Bernardino 4-ll9) o o \ VARIANCES, ADJUST., APPEALS AND CONDIT. TO USE 19.74.060 Conditions. 19.74.070 Notice of decision. 19.74.080 (Repealed by MC.220.) 19.74.090 Variances granted without public hearing. 19.74.100 Mandatory variance conditions. 19.74.110 Revocation of variances. 19.74.120 Modification of variances. 19. 74.130 Variances null and void when. 19.74.140 Decilion - Appeal. 19.74.010 Purpose and principle. A. When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this title occur by reason of the strict interpretation of any of its provisions, the Commission, upon its own motion, may, or upon the verified application of any interested person shall, initiate proceedings for considera- tion of the granting of a variance from the provisions of this title under such conditions as may be deemed neces- sary to assure that the intent and purpose of the ordi- nance and the master plans upon which it is based will be observed and that the health, safety and public welfare be secured and that substantial justice be done, not only to the applicant, but to the persons other than the applicant, who might be affected by the variance. B. A variance shall not be construed as an amendment to this title or cause the maps which are part of this title to be changed. (Old. 1991 ~ 26.1, 1953.) 19.74.020 Conditions prior to issuance of variance. The Commission, before it may grant a variance, must make a finding in writing that in the evidence presented, all of the following conditions exist in reference to the property being considered: A. That there are exceptional or extraordinary circum- stances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district and neighborhood; B. That such variance is necessary for the preservation and 1213 (San Bernardino 3-83) . o o l ZONING enjoyment of a substantial property right of the applicant; C. That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the zoning district and neighborhood in which the property is located; D. That the granting of such a variance will not be contrary to the objectives of the master plan. (Ord. 2312 (part), 1960;Ord.1991 ~ 26.2,1953.) , , 19.74.030 Application - Fee - Investigation. A. An application for a variance shall be submitted to the commission on fonns provided for this purpose, setting forth in detail such infonnation relating to the conditions specified in Section 19.74.020 as may be required by the commission. The application shall be accompanied by: I. Three copies of a map showing the surrounding zoning, land uses, and property ownership within five hundred feet of the property which is the subject of the proposed variance. Property ownership shall be as shown on the last equalized assessment roll. 2. Four sets of mailing labels setting forth the names, addresses, and zip codes of all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within five hundred feet of the property which is the subject of the proposed variance. B. An application for a variance shall be a<:companied by a fee established by resolution of the mayor and common council to defray costs incidental to the proceedings. C. The commission shall investigate the facts bearing on each case to provide infonnation necessary to assure action consistent with the intent and purpose of this title. (Ord. 3839 ~ 4,1979; Ord. 3768 ~ 1,1978; Ord. 3100, 1970; Ord. 1991 ~ 26.3, 1953.) 19.74.040 Public hearing. A. Upon receipt of an application for a variance, the commis- sion shall fix a time and place of public hearing thereon not less than fifteen days nor more than forty days there- after. Notice of time and place of the hearing, including 1214 , . -- CifV OF SAN BERNftRDINO - REQUEST tOR COUNCIL ACTION Appeal of Planning Commission Fr- Al Boughey, Director Subject: denial of Conditional Use Permit No. 91-28 and Variance No. 91-08 De.... Planning & Building Services 14ayor and Common Council Meeting Date: February 15, 1992 March 2, 1992 Synopsis of Previous Council action: February 3, 1992- Mayor and Common Council continued to a date certain in order to renotice. January 21, 1992 - Mayor and Common Council continued appeal, and directed City Attorney to return with a written legal opinion listing options available to Council. December 16, 1991 - Mayor and Common Council continued appeal, and directed staff to prepare alternatives, and return in 30 days with recommendations. November 6, 1991 - Planning Commission deny Conditional Use Permit No. 91-28 and Variance No. 91-08. Recommended motion: Staff recommends that the Mayor and Common Council deny the appeal and deny r 'itional Use Permit No. 91-28 and Variance No. 91-0 e based on the Findings L act contained in the Staff Report to the Planning Commission dated November 6, 1991. ~4 - '~re Al Bough ~ Co Al Boughey ntact person: . Staff Report Supporting data attached: 384-5357 Phone: Ward: 6 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Descriotion) Finance: ( il Notes: ~/ .:1_ "_4_ !!J-3 Aaenda Item NO. CITY OF SAN BER,.a.DINO - REQUEST .QR COUNCIL ACTION STAFF REPORT Subject: Appeal of Planninq commission denial of Conditional Use Permit No. 91-28, and Variance No. 91-08, requestinq approval of the Conditional Use Permit to permit the sales of beer and wine for off-site consumption and a variance from Development Code Section 19.06.030 permittinq a convenience store to be constructed on less than the minimum lot size, and a variance from Code Section 19.26 to permit a reduction in loadinq space requirements. Mayor and Common Council Meetinq of March 2, 1992 REOUEST The owners, Mr. and Mrs Kensie Wooten, are appealinq the denial of Conditional Use Permit No. 91-28 and Variance 91-08 by the Planninq Commission. Under the authority of Development Code Section 19.06.020 the applicant, Value Homes, is requestinq to construct 2,000 sq. ft. of office 'retail space includinq a convenience store with off-site sales of beer , wine. Concurrently, under the authority of Section 19.72.030, the owner requests a variance from Code Section 19.06.030 requirinq convenience stores to be constructed on 10,000 sq.ft., and a variance from the Code section 19.26 which established standards of 15 ft. in width and 50 ft. in lenqth for commercial loadinq space. The project proposes a loadinq space of 10 ft. in width and 15 ft. in lenqth. The subject property consists of a 6,250 sq. ft., rectanqular shaped parcel, located on the south side of Baseline Street, between Mt. Vernon Avenue and Garner Street, also described as 1255 West Baseline. The land use desiqnation of the site is CG-2, Commercial General, General Plan land use. BACKGROUND At the meetinq of the Mayor and Common Council on January 21, 1992, the appeal was continued until such time as the City Attorney could return with a written leqal opinion listinq the options available to the council. The Mayor and Common Council continued this item to March 2, 1992 (Attachment A). See the attachments for a more complete discussion of the previous Planninq Commission and Mayor and Common Council actions. Conditional Use per~t No. 9l-28/Variance No. ~-08 Mayor and Common C~cil Meeting, March 2, 19~ Page 2 RECOMMENDATION staff recommends that the Mayor and Common Council deny the appeal and deny Conditional Use Permit No. 91-28 and Variance No 91-08 based on the Findings of Fact contained in the Staff Report to the Planning Commission dated November 6, 1991; AND Staff recommends that the distance standards for convenience stores not be amended and the variance section not be amended to include reductions to the distance requirements for convenience stores. Prepared by: Denise S. Moonier Assistant Planner for Al Boughey, AICP Director of Planning and Building Services 1 - Legal Opinion, City Attorney's Office 2 - Mayor and Common Council Staff Report dated January 9,1992, Att. A - Convenience store matrix 3 - Mayor and Common council Staff Report dated December 5, 1991 Exhibit A - Letter of Appeal B - Statement of Planning Commission Action C - Official Notice of Public Hearing D - NOVember 6, 1991 Planning commission minutes E - Staff Report to Planning commission dated November 6, 1991 Attachment: > o o CITY OF SAN BERNARDINO OFFICE OF THE CITY ATTORNEY JAMES F. PENMAN City Attorney February 25, 1992 Opinion No. 92-05 TO: Mayor and Common Council RE: Conditional Use Permit 91-28 and Variance 91-08 for 1255 West Baseline, Mr. & Mrs. Kenzie Wooten ISSUE What options are available to the Mayor & Council on the appeal from the Planning Commission's denial of Conditional Use Permit [CUP] 91-28 and Variance 91-08 to construct a convenience store with off-site sales of beer and wine? CONCLUSION Based upon the facts underlying this appeal, the Mayor and Council have only the following two options permitted by law: (1) The Mayor and Council may deny the appeal and deny CUP 91-28 and Variance 91-08; or ( 2 ) The Mayor and Council may continue the hearing and direct staff to process an amendment to the Development Code to revise the distance criteria for convenience stores [Section 19.06.030(2)(F)] and for establishments with off-site sales of alcoholic beverages . [Section 19.06.030(2)(B)]. The Mayor and Council cannot approve CUP 91-28 or Variance 91- 08 at this time because the applications are inconsistent with the Development Code. III III CITY HALL 300 NORTH '0' STREET. SAN BERNARDINO, CALIFORNIA 92418 (714) 384-5355 . ~_. ..... _ ._ ~L o o To : Mayor and Common Council Re : Conditional Use permit 91-28 and Variance 91-08 for 1255 West Baseline, Mr. & Mrs. Kenzie Wooten Page: 2 FACTS (Taken from Planning Department Files and Staff Report and discussions with Value Homes and Planning Department staff) The applicant requests a CUP to establish a convenience store at 1255 West Baseline Street, which would include off-site sales of beer and wine. The applicant also requests a Variance from Development Code Section 19.06.030(2)(F) which requires a 10,000 square foot minimum lot size for convenience stores and a Variance from Development Code Section 19.26.040 which establishes standards for off-street loading spaces. The project is proposed for a 6,250 square foot site which is located 255 feet from a community church, the Iglesia Church of God Pentecostal, at 1207 West Baseline Street. The subject property is also located next door to an existing residence at 1247 West Baseline Street, and within 1,000 feet of four existing outlets for off-site sales of alcoholic beverages. On March 27, 1991, the property owners, Kenzie and Brenda Wooten, initially submitted through their agent, Steven J. Stiemsma of Value Homes, an application filed as Review of Plans 91-13 to construct 2,500 square feet of retail/office space on the subject property. [A copy of Application for Review of Plans 91-13 is attached ~s Exhibit 1.] Although the Application Supplement states that the business will involve the sale of pre-packaged food and beverage as a "convenience store", this application did not request a permit for off-site sales of alcoholic beverages. Also on March 27, 1991, Steven J. Stiemsma submitted three checks which totaled $1,460.00 for processing fees for Review of Plans 91-13. [A copy of Miscellaneous Cash Receipt dated March 27, 1991 is attached as Exhibit 2.] Two of the three checks which Mr. Stiemsma presented on March 27, 1991 were dated September 7, 1990. These two checks referenced the "Wooten Job plan review". [A copy of the two checks is attached as Exhibit"3.] On or about April 3, 1991, the bank stamped these two checks "Account Closed" and returned them to the City Treasurer's office. On April 12, 1991, pursuant to Municipal Code Section 3.10.010, the Finance Department informed and directed the Planning Department to discontinue processing the project due to unpaid fees. on April 12, 1991 the Planning Department telephoned Value Homes, advised them of the circumstances and the fees necessary for continuing the project, and advised them that a Historical Resources Evaluation Report was needed if they planned to demolish a structure constructed prior to 1941. At that time, Value Homes requested that the Planning Department deem the HE/.../CUP91-28.opn 2 . o o To : Mayor and Common Council Re : Condi~ional Use Permit 91-28 and Variance 91-08 for 1255 Wes~ Baaeline. Mr. & Mrs. Kenzie Woo~en Page: 3 application withdrawn and close the case. The Planning Department deemed Review of Plans 91-13 withdrawn on April 12, 1991. [See attached Exhibit 4, a copy of a letter from the Planning Department to Steven J. Stiemsma of Value Homes dated April 12, 1991, which shows a copy sent to Kenzie and Brenda Wooten.] The property owners and their representative subsequently contacted the Planning Department to determine if the application could be revised and new fees submitted in order to develop a project for this site. The Planning Department met with the property owners and their representative, Paul Weiler of Value Homes, and advised them that Ordinance MC-770, effective April 12, 1991, required a 10,000 square foot minimum lot size for convenience stores. After reviewing the site characteristics, the Planning Department determined that the applicant needed to submit fees and a new application for the off-site sale of beer and wine and an application for a variance to permit construction of a convenience store on a parcel less than 10,000 square feet in size. On May 11, 1991 the applicant submitted CUP 91-28 and Variance 91- 08. On May 30, 1991, the Development Review Committee met with the applicant and requested that he submit a revised site plan and a Historical Resources Evaluation Report pursuant to Ordinance MC-694 because the project proposed to demolish a structure which was believed to have been constructed prior to 1941. On May 30, 1991, the Planning Department sent a letter to Value Homes with a copy sent to Kenzie and Brenda Wooten, informing them that their applications for CUP 91-28 and Variance 91-08 were incomplete because a Historical Resources Evaluation Report was not submitted. [A copy of this May 30, 1991, letter is attached as Exhibit 5.] Also on May 30, 1991, the Planning Department sent a letter to Value Homes informing them that the City's new Development Code would become effective on June 3, 1991 and that CUP 91-28 and Variance 91-08 would be subject to the new Development Code if the project applications were not completed by that date. [A copy of this May 30, 1991 letter is attached as Exhibit 6.] The Planning Department received the applicant's revised site plan on June 18, 1991. The applicant submitted the Historical Resources Evaluation Report to the Planning Department on August 6, 1991 [A copy of the submittal letter dated August 6, 1991 from Value Homes is attached as Exhibit 7.] The Planning Department deemed the applications for CUP 91-28 and Variance 91-08 complete on August 9, 1991. [A copy of the "deemed complete" letter which was mailed to Value Homes and a copy sent to Kenzie and Brenda Wooten is attached as Exhibit 8.] HE/.../CUP91-28.opn 3 lIQ o o To : Mayor and CODDOn Council Re : Condi~ional Use Perai~ 91-28 and Variance 91-08 for 1255 Wes~ Baseline, Mr. & Mrs. Kenzie Woo~en page: 4 On November 6, 1991, the Planning Commission held a noticed public hearing on CUP 91-28 and Variance 91-08. The applicant, Kenzie Wooten, and Carl Dean and Peter A. Mecudante spoke in support of the application. Three neighboring residents on Orange Street: John Hernandez, Lupe Moranga and Jim Rodriguez opposed the application. Norma Garcia, representing over 150 people at her church, the Iglesia Church of God Pentecostal at 1207 W. Baseline, also spoke in opposition to the application. The Planning Commission voted 4-3 to deny CUP 91-28 and Variance 91-08. ANALYSJ:S Development Code Section 19.06.030(2)(B) prohibits businesses which require a California Department of Alcoholic Beverage Control license from locating within 500 feet of any religious institution and 100 feet of any residence, among other requirements. Development Code Section 19.06.030(2)(F) prohibits convenience stores from locating wi thin 1,000 feet from an existing convenience store, among other requirements. CUP 91-28 and Variance 91-08 do not comply with these ordinances in the Development COde because the proposed site is located next door to an existing residence, within 255 feet of an existing church, and wi thin 1,000 feet of four existing convenience stores. Development Code Section 19.36.050(1) requires that the proposed use comply with all applicable proviSions of the Development COde. A variance under Development COde Chapter 19.72 cannot be granted to these applications to avoid these distance regulations because Section 19.72.030 prescribes that variances may be granted only for specified requirements which do not include these distance regulations. The Development Code became effective June 3, 1991. The applications for CUP 91-28 and Variance 91-08 were deemed complete on August 6, 1991. Thus, pursuant to Development Code Section 19.02.070(7), these applications cannot be approved unless they comply with the Development Code. A review of the evidence has shown that the City has processed these applications in a timely manner. The applicant's failure to complete all application requirements prior to the effective date of the Development Code was not due to any transgressions by City staff. HEf...fCUP91-28.opa 4 o o To : Mayor and C~n Council Re : Condi~ional Use Permi~ 91-28 and Variance 91-08 for 1255 Wes~ Baseline, Mr. & Mrs. Kenzie Woo~en Page: 5 Upon receipt of the applicant's checks for Review Of Plans 91- 13, the City promptly attempted to negotiate them. The City informed the applicant within a reasonable time that the checks were returned by the bank. Apparently the checks "bounced" because the applicant's representative "sat" on the checks for more than six months before presenting them to the City. In conclusion, these applications for CUP 91-28 and Variance 91-08 cannot be granted unless the distance requirements in the Development Code for convenience stores and ABC licensed businesses are amended. Respectfully submitted, ~y~ HENRY EMPERO, JR., Deputy City Attorney Concur: JAMES F. PENMAN :, " J ...-;'-? 1. ~.,.:, .,..J",.. ty Attorney cc: W.R. Holcomb, Mayor Council Members Rachel Krasney, City Clerk David C. Kennedy, City Treasurer Shauna Clark, City Administrator All Department Heads HE/e.e/CUP91-Z0.opn 5 CITY OF SAN BERNARD PLANNING AND BUILDING SE CES DEPARTMENT APPLICATION FOR REVIEW OF PLANS OWNER' ~". . .. ....' . . It wfJ':; .; ../:.(.-( .. '. p.'...,. ADDRESS: /c:~..:!. .//_~,..,,~~.. -1'... -'--::,.' ~ ~ V~.'" /-/"..~. ? . I:' / /7. . A'A" ", ~~ ~N''''''';~''-'c.', .'! DESCRIPTION OF PROJECT: :!:-:z-C' .~ ?y q J .-1 ?:::> , APPLICANT:' ,'44;;; ,11"'~->; ADDRESS: I~ p d j':7" i/;'~;/ .. .~ ,C;.~4r~/"v..-: (..4 TELEPHONE/1/t" ) .~S -..Z::.,."'C .. ~~ A"'~~~ , / ,,:-,- ,/0(',~../ './..nj ,. ...,.~;.;t4--:~~"-vO s.~'~/ "'"" . ,- . . . -/..... ..:t:1!O" ('9".&" .J/&A7-<i.[ ,;~,,,,-,~,,;,;,,- ~r I~.</"" /' .....-? " c.?'....".-t......~ ,- ..j/- GENERAL LOCATION: ASSESSOR'S PARCEL NO.: /:/7- '::,-:'1 --'/, , ' - ~ ( ZONING DESIGNATION ) GENERAL PLAN DESIGNATION GEOLOGIC' o YES HIGH FIRE ::ves /'.," ,''''' SEISMIC HAZARD ZONE: /:y-~ ,I' /-/~. .... HAZARD ZONE: NO NO AIRPORT NOISE! = YES REDEVELOPMENT ~YES (SEWERS: ~YE~ CRASH ZONE: P ECT AREA: :goNO ." - NO - NO SUBMITTALS: ;-~ APPUCATlON (ONE COPY). . r PREUMINARY ENVIRONMENTAL DESCRIPTION. , , IS' SITE PLANS. FLOOR PLANS & ELEVATIONS IJ lie CHECK FOR 5215.00 MADE PAYABLE TO SAN BERNARDINO \ (16 COPIES EACH. ALL FOLDED). \ COUNTY FLOOD CONTROL DISTRICT (IF APPLICABLE). '9! ONE COLORED ELEVATION AND MATERIALS BOARD:,. .[!( CHECKUST SIGNED AND DATED. . \ .. PREUMINARY TITLE REPORT \Jv1 SUPPLEMENTAL APPLICATION. (WITHIN LAST 6 MONTHS). '" rV \.J'-- 8-112 X 11 TRANSPARENCY (SITE PLAN. LETTER OF AUTHORIZATION BUILDING ELEVATIONS AND FLOOR PLAN. (NOTARIZED). -....: SIGNATURE OF LEGAL OWNER (5) Md/Or APPLICANT ~h~1 . .... . DATE APPUCATlON RECEIVED: \SSIGNED APPUCA TlON NO.: D~TE APPUCATlON ACCEPTED: r;;..::.:..lI.~ - --., .:::'/'-11 ., I .- IV / "'j I DATE: DATE: DATE: E.R.C.I D. R. C. MEETING - APPROVED - DENIED PLAN.2.03 pAGE 1 OF 3 12_ BI8IT ,.. ~ 1.. . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT LETTER OF AUTHORIZATION TO: CrTY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT FROM: (NAME): /c;;..A~~ / .&-U9- +..../ ::::): ;;!*~~~~ RE: APPLICATION NUMBER(S): THIS LETTER SHAlL SERVE TO NOTIFY YOU AND VERIFY THAT IIWE AMlARE THE LEGAl. OWNER(SI OF THE PROPE.~TY DESCRIBED IN THE ATTACHED AP!'UCATlON AND DO HE;;SY AUTHORIZE: (NAME): (ADDRESS): (TEl.. NO.): 1</ ,0 FILE AND RE.:lRESENT MY/CUR INTE;;EST IN THE ABOVE REFERENCED AP!'UCAITC!'l(S). I/WE AM/ARE THE LEGAL OWNE.~(S) OF SAID PRCpeRTY: HAVE REAC THE FOREGOING L:, I cR OF AUTHORIZATION AND KNOW THE CONTENTS THEROF; AND DO HERSY CeRTIFY THAT THE SAME IS TRUE OF MY/OUR OWN KNOWLEDGE.IIWE ':-~RTlFY (OR DEC:..ARE) UNDER PE.>.4ALTY OF Pe.:WURY UNDER THE LAWS OF THE STATE C.- ':AUFORNIA THAT THE INFORMATICN CONTAINED IN THE ABCVE REFERE.>.4CEO ~P1'UC%~)IS ,UE AND C;RREcr, . SIGNATURE'S) OF LEGAL OWNER(S):~Y~(':7 ~." ,;;.' /.. ' .~. f A" - Q- ~ / '--"/' II.. I . A'~I ':':. 111 .1f// '-:;'n f~'.tJt. -; . ~ 'i I ~. . ~A- " ,~ OAiE SUBS9RIBED AND SWORN TO BE.=ORE ME THIS 4.j c!::: . DAY OF - /1 ~ ~ c (,-, 19L. "1 :?' C ..;/,-- / 'L'" .(...(.~ ~. ~T AFiY<P'JSWC .' !cLn<J-{__ J om SEAL IEm L SCIIMEIZU . IlOTMI' PI&IC . CoILf_ .. D<l- ---r. CCUtTY ",___AIII.1.11U -....----- --- =......,..!.:7 =&Gi ::::. ... r CTY OF SAN BERNOIDINO "" PLANNING OEP ARTMENT PRELIMINARY ENVIRONMENTAL DESCRIPTION FORM \.. ~ r lPUeLIC WORKS PROJECTS SHALL INCLUDE ATTACHMENT 'A1 ""'liI A. GENERAL lNPORMAllill APPLICATION NUMB!R 1. Applicant/Developer . 2. Contact pe non for s-r~II'^":.""-"'"'J . environmental ~ J ..t;?~.P'1'''''' (~L NTl Nalle '{4,L~ ~F..r Firm Firm /!J::D .Nf hT W,41U' Street Addu.. Stuet Adduss c..k ~A#J7/~P &. City State Zip City State Zi~t (~ff ~6? - t:P~?/ Telephone NUmber Te ephone Number 3. Address/General Location of Project ~ tb~4~~ e' ~ ~ 4. Assessor's Parcel Number(s) .'31~ I'J?/ - tJt/ s. Description of Project ~~ cr.r7. ~p:r.-L .o~~~ 6. Will any permits be reqUi~oll agencies other than the city? yes no If yes, list the permits and responsible agency. .... ~ REVISED 10/17 PMZ 101'5 L I.! o f..t, ,( 5" I acr... 3. RUIIb.r of 'loor.. '2 ~ r B. PROJr:C1. SU~ Sb 7<)32..41 1. sit. An.. '7 b~.? square 2. Building B.ight. f..t BUilding Ar... r 2f'e,o square parking R.quir.ds'..A.... sp.c.. d Parking Provid.d: (? 4. fe.t 5. 6. sp.c.s If off-.ite p.rking is propo..d, pl.... explains 7. Will project b. built in ph....? y.. V no a. If y.., how many unit./squ.r. f..t p.r ph...? b. Tot.l unit., square feet? C. ~_l1~i - Subject Prop.rty: ~/f7~f .at("-'b#V~E .tfG7~ tl/"M7 JIM' ~ 4),~ ~4ii I North South Existing: ('i~) ~8UN/_ j;J.Ai'/~~/~/ pr,o..d. CMmF~/""'';::::: East ~4/7,(,/5 J1I!A:X" . v~<"h~.() <.. ~~~-119/ aAv"~/Ar/ " ~fM"'" .. ~ M4.,~ W.st rosn.u; , D. E~J'~~_SIT! 1. Indicat. any unique .xisting topographic f.atures. :1:.0/ .EY/~T7Uf M::v.rr v,f./fD Rt'" ,!~~E 'rr--"''- 2. Will the project modify existing natural f.atures? Expl.in. Iv6 3. If .pplicabl., estimate cubic y.rd. of grading involv.d in proj.ct: Cut- Pill- 4. M.ximum h.ight and gr.d. of n.tural slop.s. /~;r- \.. ..J REVISED 10117 PACEZ0f'5 5. MAzilllulII 09ht and grade of connru~ uope.. 4.tr 5. Metbod. u.ed to prevent .oil during con.truction and after 5AI,/,f? ~ erosion in developlllent. project area E. FLORA A~ l6lm6 1. List type. of vegetation and tr... in project area. ~~ 2. List typ.. of wildlife found in project ar.a. -<.60:- F. ~ltgy.j:PIoQSU'~LLBIS'1'ORICAL :; . 1. Is th.re any known archa.ological or hi.toric.l .ignit1~anc. of the site ar.. or~ithin 1/2 lIIile from the propo.ed .it.? If so, explain: _ G. HUMAN_J6mumlllm 1. Will the project incr.... proj.ct area? Explain. ~.ting noi.. lev.l. in the 2. Will the project u.., store or di.po.. of pot.ntially hazardous ~.t.rial. .uch a. ~oxic sub.tanc.., fl....bl.. or explo.iv..? Expl.in ~ 3. Will the proj.ct incr.... the amount. of du.t, ..h, .lIIOk. or odor during con.truction or .fter d.v.loplllent? Expl.in. B. 16Wln_AHD S!RVICLIMPAC'l'S 1. Loc.tion of n..n.t Pin St.tion. .97"J1 Sr / ~ /h:1h F-Nr "1'#/ ~~ Di.tanc. frolll project sit../",; ~ ... . REVISED 10117 PAGE 3 Of' 5 2. Loc.tion~ n..r..t Polic. St.tion. ~ _ ~/L Di.tanc. tro. proj.ct .it.. ~ ~~ ~~ Loc.tion .nd n.... ot n..r..t. scbool.. ~ /~~ ~_ bL_ ,_ scbool cUnrict. -fi ~ Jf' AiI'/~~ ~falC. Dist.nc. fro. project site. ,# -}1 /tW~E 4. Loc.tion .nd n... of n..nn park.. h//.~..I.((C>,l/AIIlL ~ sr /~ ., ....r~ Di.tanc. tro. proj.ct .it.. ~.~ ~/~ 5. Loc.tion .nd n... ot n..r..t library. Di.t.nc. tro. proj.ct .it.. ~~~~ 3. 6. . ~. sewer trunk 11n.. avail.bl. witbin 200 fe.t of proj.ct .ite? ~ y.. ____ no It no, how t.r? 7. S.wer c.p.city rights purch...d? _ ye. _ no numb.r. _" i . :t 8. Art/W.ter trunk line. av.ilabl. witbin 200 t..t of project .ite? ~ yes ____ no I. MITIGATIP,-!EASURIS (Att.ch .ddition.l sh..t. if nec....ryl D..crib. mitig.t. imp.ct.. type and anticip.t.d .ff.ct of any m...ur.. propo..d to or .li.in.te pot.nti.lly .ignitic.nt .dv.r.. .nviro~ntal AJ, ~/_,.-- HAA"~.,.//,.,~ ...~~ -Mtf.r- ~Alr - REVISED 10117 PAClI . OF 5 J. An~'RM!N'l'S 0 0 Ye. No V. V- V- a...-- ~ V- 1. Geology/SOil. Report 2. Liquefaction R_port 3. Traffic Report 4. Noise Analy.is 5. Drainage Study 6. Prel1l11inar.y Grading Plan I. ~1[J~1-119!f i . . . I hereby certify that the statelllent. furnished above and in the attached exhibits present the data and information required for this initial evaluation to the be.t of lilY ability, and that the facts, statelllents, and information pre.ented are true and correct to the best of lilY knowledge and belief. ~-<?-~ Dut / FOR: .~.~, ~~~ ITU .- REVISED 10117 PAQE 5 0' 5 CITY OF SAN BERN fNO PLANNING AND BUILDING ERVICES DEPARTMENT APPLICATION SUPPLEMENT APPLICATION # r' ""I , . List names and addresses of all principles. including owner. operator, applicant. etc. (Add pages ~ necessary) . ,~I'~r' .~//-- ~L'f./~ .~~A -/.Jf!:l?;(/'~~~"" .~, P}vuerr.' f'K./7/f~.A./ - /<)~t1 Jt,/~/4v~( .itv.a.-t;.~ ~ 2. Describe the actual type of business proposed. particularly any features unique to this type of business or operation. ~V'--:~-..r/ 1?/~~~/~ 3. List all types of materials. all chemicals. and all equipment used In the business. particularly hazardous materials and equipment which might generate light. odor. noise. dust. vibration. etc. ~,(/-e;- 4. Do any OHfu,se materials or chemicals require CalOsha Materials Safety Data Sheets? Yes .. No 'lL.-. If so. please identify. . . l.. Pl.AHoI.O& PAGE 'OF2 14CI ~~.4 Cll ,..... '-' 5. Describe hours of operation. ~:tl7 HH _ ~.tZI ~ 7:0-; .;II-#?, /fl''a:J ..,;_ , CF&:Cc , ~ 6. Total anticipated nuniler of e~loyees ~ fJOr:; -:? ~,":J:?u 7. Total number of employees on stte at anyone time :2 """, r l ?' ~7"c~- 8. Does the business involve the sale of any food or beverages? If so. please describe in detail. /' fu I ~ - ,p,U 9. Does the County require a Business Plan? Yes No.L 10. Govemment Code Section 65962.5 requires the Planning [)epanmem to make available to applicanls the most aJrrem list of .Idem~ied Hazardous Wast. Sh.s. from the Slat. Office of Planning and Research. All applicams must sign the following statemem in order to deem the application complete. .1, t;/2v~/ d ft7~iAW? . eenily that I have reviewed the list of .ldem~ied Hazardous Waste Sites. from the state Office of P1aMing and Research (OPR) and have determined e' this application~ ~n that list." Name I Date l//;?'D Title r...:....~ j PL,AHoI.D& PAGE20F Z 1._ CITY OF SAN BERNAR NO PLANNING AND BUILDING SERVICES DEPARTMENT REVIEW OF PLANS CHECKLIST Tha following ~ams slid be shown and labeled on the submilled plot plan. Distinguish between eXisting (dashed linas) and .ProPOsed (solid Ilnas) and show sufficient dimens,ons to dafine aU,tems. Plans should be orawn to scale by a qualdiec:t ,ndlVidual such as an Archnect. Eng,neer or Licensed Building Designar. /- 1. Propeny ~nel and dimenllOnl. /' 2. Building and SlNCIU.. foolPrinll. ,,/3. . .. 05 /6 ~. Pmminsry grading and melhod of dno,n",g IIIe s'ta. ~3 ~. .~. DriWWIIYa: a) _ all poinll ot ing.... and Igre..: 0) s_ oonllict poinls such .. _r _ys. strWlI or alleys _in 300 "'t of p~ _y (Cln 01 on a h16. __ pIen): c) must _ po" of _'"cro.. _yo H"'" Z,.<1' t..-..a'1 aw.s..A'j 4J,ft.. 17. . 7. Ha~ped perking. nomPI. signs and _men, marlungl. PutUng layout -..g sizes and locolion ot Ilch slll'l. 1lacIIoUl.....nd dmnng ._. _ ClI'll and/or minimum 25 fOOl landscape diVIder. loading zones. orna-s and na.... of .. _II. ~10. Location map (vicin~ map) ". Location of __ mains. . 12. U_ Righi of Way (intonnalion a_ from Engineering ~tl - .18. 0'9 ...;20 .01. v'. ~3. ~ Ja plans shall conlain tha following information in a lagend: ~. / Squarw tootage or gross and net SCI88g8 of propeny. 9. 0. Squarw fDoIllge of builcing or addition. 10. o /.. Lol-ae(%). v"5 ./6 /7 /8. Squarw fooIllge of lands .4. 'lI. alisting _ p1cp c..d _ dimenSlonl and pon:enI of Ian ds: IIIl ng. PutUng ___. IIIIIdnll pro; J ~ (ClMI8d and uncoVllnSd). Typo of building -..clion. AutomdC ~ in builcing. (yel or no). - 20ning dislicl. c.er - 2... /.lIP 11. 02. ~. Frontage StrHts: name, center1ine. QJrbline. nght~f. way. Improvemenm and ublny potes. Locooon. height and compolmon 01 w.lls and Ionoes. Locollon of refull oncIOIUI8S with wall hltgh' and IypO of material.. Oullido ItonIge ..... Locolion and me"od of ighllng (hooding deVlcel). 0 v' Location of lire hyOnInll. 0 J Vend and IPOCOI -... buildings or 01_ propeny hnes .nd bulldingl. Sa_ dillll....l: .) zoning: 0) I~: c) ftood control. Si_k and in_ walks including nomps and curb nompl. LandsClping: building _. porkway and __ _t of pork'"g 1oIs. Concrete he.der seoaraling a8 p.VIId vehicular ..... lnlm Iandscag'ng. No'" arrow and seato. Building occupancy. Nu_ of employees (it known). Squa.. fooIllge of lOlling (~.pp"ClDle). N..... of OUSineSI. AI_sofl parcat numOlr. legal delcnpbOn .nd _51. ,Ii... 1Wno. eddI8II. and phone numoer of plan p_ .nd applicant. . 15. Liquo....on Zonl (VIS or No). - I HEREBY ACKNOWLEDGE THAT I HAVE INCLUDEO ALL OF THE ITEMS LISTED ABOVE AND UNDERSTAND THAT MISSING ITEMS WILL RESULT IN THE OELA Y OF THE PROCESSING OF MY APPLICATION. ../ ~. L/:&_/~ 3-2/-1'/ ~ ~ 'OAl_ ' 1UAI'_~' &"...:t~~'T If -.f~~ 6l1O PLAt+U3 PIGE'OF:I 12_ t- L" - ca ,. . ~ & ... ~ - W C.) w a: o : z rn 2i c a: C.) < rn z :) ffi 0 v era W cl z Z '" < c ., en .... ,J.. II. .... o W C.) > en .... - ~ 2 .0 i i I ".\ I ~ \ : ~\ ,,~i ..) i 111. _'i: 1'"'"' .~. ~ ~I -~ ,'", \- - J; I I I . " _, tD:- I - , , _,- I Z -I :.. fl'l r- II I -, I ~ ~ ~~I II'" f"'( ,., j' -1 -::1" - I I ~i ~~ = -, - 'wi , - ~\::.~ \ ""l' ~ I 15\ ~ ~ - ~I ~;;\: ~ i I . crl ~i . ~1 ~! g ~ ~~\] Vl1 I ~I - "7 3 - . ~I . ~ ~ 1 :1 C : ~ ~~ ~!~~ ~ I '" .... .:! !I - '<< ~ ,i \ _ .:J .. lOW. II. . 'i I I ~ .~ \' I en ! ~ 1.!:5 IS a: i .... II. "-.Q~.. .-' ,-- EXH!~;r .0 o '11 o "" ::r: - \ I ~~ \ ~ ;\ ~ I \,. ~~ I ~ ...., ...t. d I ~ 3\ (\ ~ -c. 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CJ ~. . z~~ ~ ~'n b ~~~~ r; ~ ; ~~ P '/)"'o:l~~ J.-,; ~l.,V .. : ~ ,~ i~ :::n lJj '0 I ' IN. . ... -' '~I~ !~.... ,":oJ ,,> , .) : '(<, . .- " ':" ~,- . .. ......~ . ~ I , I , , "'. a o o a .. a a a a a .... ~ o o ENO~(f~i0 ~;~;;'_.. ~ .' -' ; , f i 1 I I 1 I j ; , I I I I '. , I, r ~ ~ '. I i , , , " MAR281991 . . .~i. ,,, ...\ . ... CENTRAL CA"_:::'~":''''',' CIN Of ~ll cE,,"~',::,~~, ~OARD OF,W~TER C::;,:~.k. .-.....~ '<.,.\.;-. . . . ~~, . '.' .', " '_oM. &...~..~~^,.....;..~..""'^'" ~ "'" -'Y'W.,.'", .........-.:.........~......... 1- .... , .. ".' "n: o,..J ", ...J :J , . '. _ ......"J ....~,; . ____ .. ...l_.~......"......I.."..............~ .~ .. . 1<1..-.... . ... .""l...... ......~.'-....-..... .' ~.: f'.)." (.,..1: ,...' I.' J ~_ 1:1:' ......~...:..f ~~ ~;:;;~ . .:.;.41> ..... ~~g~ I:".J -~'~ "'1"1 (\.J- .... ~ ..... C5 ',' . . <"a!3 .... !.:tC"oll ...:::5 ~ o ... <0 (Q ~ N C\I ... > .... .ZOo Cl. 0( a o r- r- ~ 21 III ~ = en ~ ~ . .'101-'.\; ="". ."=~cFsrE'='. L_ ..>_ - . * ~ .. ~ . - .- ..- ft:.__..~. ,. ,-.... - J .''::1 I'" 0, San l)ernardino ~ - - - o DI....TIIINT o~ -LAN"I"G ....D IUILOIIllG 'l"vlelS - .:. ::I ~ . = - . . . - - ..:, - .. April 12. 1991 Steven Stiemsma Value Hales 22365 Barton lad Grand ':'err3ce. CA 92324 RE: Review of Plar.s :10. 9l-l3 Cear Sirs: CUr records show ti".at ?e'J'iew 0: ?lans :;0. 91-13 was filed with t.'le llepart::ent of Plil.-:.i:-:g a.-.a Builciinq Services on March 27. 1991. ii::lwever, t.":e pro~~ ::1lst be Cefi!llEd Withdrawn because t.":e cl:eck su!::r.litted to ~.e City 0: san ?ernardino has been returr.ed I.:l".paid. ;"'T! :-..:rt.":.:= ;ction reqardir:q t.'ti.s project will require a resui:r.ti.tted application with ?Cl:I!:e!l1: of fees L." t.~e f::Cl 0: a cashiers c.~eck. ~ City will ;:rocess a refund :or Cleek :lo. 2975 and this will be :;;ailed under separate cover. I: you have any questior.s. tllease call :'!r. Paul D.Jkes. available 1..'1 the City I s Fi.nan::e llepart:ll!nt. Sl."'lCerely. "": ,/ ' I to '! '.;' /.' "'X.'.' '/~ ( ,-' .. ,.... ./ / o se S. M:xlriier Assistant Planner ee: Kensie and Brenda I'b:lton 1588 NHtern Avenue san Berna.rdi.no. CA 92411 -' Paul Dukes City of San Berna.....tti...lO Fl."W1Ce llepartItEnt Sandra Paulsen Senior Planr'.er - - - . I. 0 . - _ ., ::!;:; '. .l ;:;: ,~ 17 1 . I J'.. S 0 7 1 so S 7 PRIOE J QESS :sw c.a.s - : . - : EXH!BIT ,.:.; 4 .. J. - . . . . - . ~n Bernardino 0 0....'".", QP !.. .:. .;! . ., .LANNING AND lUlL DING SI..I:I! . = = - . May 30, 1991 Mr. Paul Wieler Value Homes 22365 Barton Road Grand Terrace, CA 92324 RE: Conditional Use ?ermit No. 91-28/Variance No. 91-08/To construct a 2,033 square foot Office/convenience market. with beer and wine sales on the south side of Baseline between Mt. Vernon and Garner, while varying the mini~~ lot size. , Dear Mr. Wieler: Pursuant to Section 65943 of the Califo~ia Government Code, the above referenced application is hereby deemed incomplete. The following additional data must be submitted before jour application ~ay be processed: 1. Hist~rical Resources Evaluation Report. Please assemble all of the requested information and for.ard it to the Planning and Building Services Depart~ent with the attached "Project Reactivation Request." Once these materials are submitted and the application is deemed complete, an Initial Study will be prepared and scheduled for review by the Environmental Review Co~~ttee. .. :. . . _. 3 ~ ::; '; .l, : : : 7' . I ,... SO 7 1 '0" PFfICE j 9E55 " Er:JIT a.iI.' ., ~- , ... .... Mr. Paul Wieler () May 30, 1991 Page 2 o If the information is not received by ~~is depart~ent within six months of the date of this letter, ths tile will be deemed abandoned. Any action after that time will require filing a new application. Please forward the requested information as it becomes available. If you have any questions, please contact Denise Moonier at (714) 384-5057. Sincerely, G,d- ,U :....-<. ,}6'hn M:nt~ AICP Principal Planner cc: Kensie and Brenda Wooton l588 Western Ave. San Bernardino, CA , lat INCct1P9l-28 0" ~. 0 San Bernardino OI~AIIIT"'''f a, .'."'''fIIlI''O ....0 'UII.~I"Q S'''Vle1S _ .:. ~ :; 1 3:: ; . : :l .:; - - ... May 30, 1991 Value Home. 22365 Barton Road Grand Terrace, CA 92324 RE: Conditional Use ?er=it No. 91-2S/Variance No. 91-0S/To construct a 2.033 square foot office/convenience market with beer and .ine sales on ~e south side of sa.eline bet~een Mt. Vernon and Garner, .nile varyinq the minimum lot size. Oear Mr. Wieler: On June 3, 1991. the City's new Development Code will become effective. Any projects not deemed complete by that date are subject to tne new code. The development standards specified by the new Code have been ~odified from tnose currently in place. In ~ny case., tne.e modifications ~ay result in a project redesiqn to proposals not deemed complete before June 3, 1991. A review of the above referenced project file reveals that a letter was sent to you deeminq your application incomplete on May 30, 1991. If the additional required items specified in that incomplete letter are not received by this office before June 3, 1991, yo~ project will be subject to the requirements of the new Oevelopment Code. Should you have any questions. please contact ~e at (71~) 384-5057. Sincerely, ........'~ ... /' /""..,..- -.-- C"'" <::.-- /, / 41C;!..~ - ~ Oeni.e Moonier Assistant Planner lat DEVCOOE " : :: -.. :I : .: " ;. .a: 'I PRICE .J VESS . '. , ."&13...50" '0" E'r'''''''T ....1. ...- , . - - L I-IHUJEC I ~t:A\'; II v A IIUNOCt:~UE5T J. ~~~' (Dat.) I 'lannin, Dapa~t..nt CITY or SAIl aIRNMCrHO. 300 No~tb -D- St~..t San 8.~n.~dino, California 92411 Attn: It.. ~IC:~ '.,"~';::, , 'lann.~ (Ha..) ~m~\ ~..~+ ql-Dl.8~IA~ Q,\..o'i lea.. Hilmi.!') Daa" DEN I SE ~'10CN r::, . On 'JoY 30. ~??~ . .y application (O.U) v.. d....d incomplete by your depart..nt due to inadeqYlte intor.ation documented Aa tollow.: 1. :";TC::~""R'r'" ~: . . ~ . _' .1.. ..--~. -...-... -'I~' ''''''''Ill '''If'''''ORT -,...... . _ "-'..:':J :. .,"_....- ; l';. I'\:r", I 2. 2 . En~lo..d pl.... tind all of the r.qu..c.d it.... It i. .y und.ratandinq that if this informacion i. .utfl~lent. my ~.. file vill b. d....d complata and the project will b. r.activat.d. It YOIl na.d additional ~~"I ' '.,r='!:~ . ....- ""\. .,~--_.. (Na..) 714-783-3530 (TiI;phon. H\lab.e-) info1'll&tion. pla... contact ae . linc.e-aly. leal.rlactivate.ca.. ~ ~ I .;:' '_ . If: <- po- - PAUL A.~ EL.;:R V ICE ?RES IJS:'iT 'IALU: HG1,1ES /- V"-/ _~e<- . EXHm!T .~ 7 .... -- --"- -----.....-....... -_. ......, .~_.,_,-.~I .,........ ........ ...- ""'-....-.. Qr 1 'J F 0 San Bernardino 01_".'...' 0' IILA..llla "'NO IUI'LDllla II.YICI. AL SOUQ~e'f,,t\IC? D I"ECTOR AUqust 9, 1991 Attn: Paul Wi.ler Value Hames 22365 Bareon Road, Suite 210 Grand Terrae., CA 92324 " RE: Conditional ~5e ?e~it ~o. 91-28 and Variance No. 91-08 ~o co~struct 2,000 sq. ft. of t.atil/offic. space ~n~lud1ng a,proposal for Off-site sal.. of beer and wine wh11e .varylng the. ~~nimUIII lot size required for conven1.nce ~arket slte lS on the south side of Baseline between ~t. vErnon/Garn.r Streets in the CG-2 Genreal Plan land use designation. ' Dear Sirs: The above referenced application is hereby d....d compl.t. and is accepted far filing by the City of San aernardino Planning Depart=ent ef!ective this date. This acceptance app1i.. only to the specific proj.ct as defin.d by: Your preliminary application rec.ived May 11, 1991 and supplementary information r.ceived August 6, 1991, Historical Resources Evaluation Repore and project plan received June 18, 1991. Pursuant to the Chapter 4.5, Section 65950 of ~~e California Government Code, the City of San Bernardino has six months from the date of this letter to take final action on your proposed project, including any appeal periods. You are reque.ted to advise the planner proce.sing your project at once if you modify any a.pect of your project while it is being processed. This acceptance at your application notwithstanding, the City re.erve. the right to det.rmine whether any subsequent proj.ct revision or combination ot modifications (such as a chang. in the project concept, scope, height, floor area, uses, parking requirements, 7irculation pattern, points of ingress and. egress, ~ocat;on, etc.) represent a potential for envlronmental lmpac~s ~r are siqnifi=ant in any other respect. PRIDE, J ,........ ',.. .._....~,., OESS ] J J ",;.a - .. : :.a....=;=-..." ~.!.a'i :;1 \71..SI._10"i.I.' EXmBIT -. 8 ... page 2 o o A significant change in the project or a series of cumulative changes MAY necessitate the filing of a new application or an amended application which will be subject to a staff review for completeness and acceptance. Should this be required, the new or amended application shall be subject to new processinq time limits as established in the California Government Code, Section 95950. It you should have any questions or concerns please call Denise Moonier at (714) 384-5057. Sincerely, 9d-;o~~~~ AICP ~~c~pal Planner " cc: Mr.' Mrs. Wooton 1588 Western Avenue San Bernardino, CA 92411 .lM: das deemdcompleteb CITY OF SAN BER_RDINO - REQUESTq,R COUNCIL-ACTION 'Ill: Al Boughey, "Director planning & Building Services January 9, 1992 . Appeal of denial of Conditional Su~~: Use Permit No. 91-28 and Variance No. 91-08 &APt: o.te: ~~yor and Common Council Meeting January 21, 1992 Synopsis of Previous CouncillCtion: December 16, 1991 That Mayor and Common Council continue the appeal, and direct staff to prepare alternative approaches other than Code Amendments, and return in thirty days with recommendations. Recommended motion: Staff recommends that the distance standards for convenience stores not be amended and that the Variance section not be amended to include reductions to the distance requirements for convenience stores; and Staff recommends that the Mayor and Common Council deny the appeal and deny Conditional Use Permit No. 91-28 and Variance No. 91-08 based on the Findings of Fact contained in the Staff Report to the Planning Commission dated November ( 6, 1991. Al ContKt penon: Al Boughey Supporting d... 41ttachld: Staff Report Phone: 384-5357 Ward: 6 FUNDING REQUIREMENTS: Amount: N I A Source: IAcct. No.1 IAcct. Descriotionl Finance: ,ncil Notlll: Attachment 2 A ___..1_ 1___ "1_ - .CiTY OF SAN BER6DINO - REQUEST aR COUNCIL ACTION STAFF REPORT Subject: Appeal of planning Commission denial of Conditional Use Permit No. 91-28, and Variance No. 91-08, requesting approval of the Conditional Use Permit to permit the sales of beer and wine for off-site consumption, and a variance from Development Code Section 19.06.030 permitting a convenience store to be constructed on less than the minimum lot size, and a variance from Code Section 19.26 to permit a reduction in loading space requirements. Mayor and Common Council Meeting of January 21, 1992 BACKGROUND At the meeting of December 16, 1991, Council directed staff to prepare alternative approaches other than code amendments to allow for approval of this project, and return in thirty days with recommendations (refer to Mayor and Common Council Staff Report dated December 16, 1991 for background discussion of the specific project). ANALYSIS A matrix was developed by staff to show areas of concern for a convenience store with jor without alcohol at this location. Based on this information, the only options identified for project approval would be amending the Development Code to revise or delete the distance requirements, or amending the Code to expand the Variance section. The minimum lot size and minimum loading area issues could be resolved by variance. OPTIONS OPTION I: Development Code Amendment to Distance Requirements The Development Code minimum standards were established because of health and safety concerns. Basically, a concensus was developed during the Development Code workshops, that minimum standards should be set in order to improve current concerns associated with the detrimental effects of premises which are licensed for the off-site sales of alcohol. Public concerns frequently include vandalism, crime, deterioration of neighborhoods and the sales of alcohol to minors. Therefore, because there are minimum standards set, the code draws a line, or 7$.0264 --L Conditional Use Permit No. 9l-28/Variance NO.~08 Mayor and Common ~cil Meeting January 21, Page 2 ., a setpoint, which the city relies on as reasonable standards that hopefully, reduce potential impacts. With these given standards statf can not make the necessary findings that a proposal would not have detrimental impacts on the surrounding neighborhood. RECOMMENDATION Staff recomends that the distance standards regarding the location of convenience stores not be amended. OPTION II: Development Code Amendment to the Variance section If the Variance section ot the Code were to be amended to allow for a reduction in distance standards, it would be difficult, with the minimum distance standards to make the findings that the granting of a variance would not be detrimental to the public health, safety, or welfare. The Development Code addresses various concerns in the granting of a variance. The burden of proof to establish the evidence in support of the findings is the responsibility of the applicant. Findings for the granting of a variance may be made when there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, or that the strict application of the code deprives such property of privileges enjoyed by other property under identical district classification. The previous staff report outlined why there were no circumstances with regard to the physical characteristics subject property. These findings would not be altered they are not affected by the distance standards. Another concern in the granting of a variance is that it is necessary for the preservation and enjoyment of a substantial property right possiessed by other property and denied to the subject property. The findings in this circumstances would not be made, due to the ability of the property owner to continue to use and develop the property with alternative proposals. special of the because The granting of a variance in these circumstances would, undeniably, constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located. Other variance findings are concerned with the consistency of the project with the General Plan land use designation and would not be affected by distance requirements. These concerns with findings would be true for other similar proposals and not just this specific proposal. RECOMMENDATION Staff recommends that the Variance section of the Development Code not be amended. .d JlII J!J ~ona~~~ona~ use ~erm~~ No. ~i-L~/Var~ance NO. ~i-U~ Mayor and Common COCil Meeting January 21, 0.2 Page 3 RECOMMENDATYON staff recommends that the distance standards for convenience stores not be amended and the the Variance section not be amended to include reductions to the distance requirements for convenience stores: AND Staff recommends that the Mayor and Common Council deny the appeal and deny Conditional Use Permit No. 91-28 and Variance No 91-08 based on the Findings of Fact contained in the Staff Report to the Planning Commission dated November 6, 1991. Prepared by: Denise s. Moonier Assistant Planner for Al Bouqhey, AICP Director of Planning and Building Services A - Convenience store Matrix B - Mayor and Common Council Staff Report and backup dated December 16, 1991 Attachment: 1 CATEGORY Co~tiona1 Use Permit NO. 91~ 1IWiance No. 91-08 . CONVENIENCE STORES WITH ALCOHOL SALES DEV. CODE 19.060.030 (2) (b.) (F.) MC-770 INTERIM URGENCY ORDINANCE (MC-660) * permitted Use Proximity To Existinq Stores Subject to distance standard/approved findinqs C.U.P. Doe. not meet standards 4 .tore. within 1000 ft. ~ To Does not meet standards Reliqious 1 church within 500 ft. V Instit- ution TO Resid- Does not meet standards ential 2 within 100 ft. ~ Uses ; , To Schools site Area Parkinq/ Landscapinq j I I . Frontaqe on a major street on secondary street . f . Liqhtinq . . Keets distance requirements o within 500 ft. Does not meet standard requires 10,000 sq. ft. v Meets parkinq requirements Meets landscapinq require- ments Keets standards Keets standard requirements Subject to MC-77 0/ P.C. Findinqs Subject to C.U.P. Section 19.26.020/ P.C. Findinqs Doe. not meet No distance standards V standards 4 stores within 1000 ft. No distance standards No distance standards required to erect block wall No distance standards No distances standards required to erect block wall Meets distance No distance o within 1000 standards ft. Does not meet stan~ard V requ~res 10,000 sq. ft. Defers to 19.56 Section of Old Title 19 Meets standards Keets standards No minimUIII lot area Meets minimUIII parkinq require- ments Title 19, 19.56.050(A) Meets standard requirements Keets standard requirements Attachment "A" Public RestroolDS Trash Enclosure Loading Area Saturation levels for pr_ises which are licensed for off-site sales of alcohol ,. Conditional Use Per~ NO. 91-28 Variance No. 91-~ CONVENIENCE STORES WITH ALCOHOL SALES CONTINUED Meets standards Meets standard requirements Does not meet standards V No standards Findings mayor may not be made by P.C. * Referenced Title 19 of Municipal Code Meets standards Meets standards No standards No standards Meets standard requirements Meets standard requirements Meets Code Title 19 19.58.010 Findings for undue concentration as determined by P.C. C~itional Use Permit No. 9QB . Variance No. 9l-0B ~ CONVENIENCE STORES WITHOUT ALCOHOL SALES CATEGORY DEV. CODE MC-770 MUNICIPAL CODE TITLE 19 Permitted Use Subject to Subject to distance standards MC-770 D.R.C. approval (ROP) proximity To Existing Does not meet ../ Stores standards v To Religious No distance Institutions standards To Residen- Meets distance tial Uses requirements To Schools Meets distance standards . te Area Does not meet V standard requires 10,000 sq. ft. Does not meet No distance standards standards 4 stores within 1000 ft. V No distance standards No distance standards No distance standards requires a block wall No distance standards requires a block wall Meets distance No standards standards Does not meet No standards standard V No minimum lot area requires 10,000 sq. ft. CITY OF SAN BER.DINO - REQUESTQ,R COUNCIL,ACTION F'~: Al Boughey, Director Subject: Appeal of denial of Conditional Us- Permit No. 91-28 and Variance No. 91-08 L.~..I: Planning & BUilding Services Date: December 5, 1991 Mayor and Common Council Meeting December 16, 1991 Synopsis of Previous Council action: None Recommended motion: The Mayor and Common Council may deny the appeal and deny Conditional Use Permit No. 91-28 and Variance No. 91-08. OR The Mayor and Common Council may continue the item, and direct staff to prepare an amendment to the Development Code to revise the distance criteria for establishments with off-site sales of alcohol (19.06.030) (2) (B) and also to revise the distance criteria for establishment of convenience stores (19.06.030 (2) (F)). ure Contlct penon: Al Bouqhev Pholl8: 384-5357 Supportl", data etaeched: Staff Report w.rd: 6 FUNDING REQUIREMENTS: Amount: N/A laurel: (ACCT. NO.) (ACCT. DESCRIPTION) Fln.nee: L, ..II Nota: 1\~tachm~n~ "R" Attachment 3 CITY OF SAN BERbDINO - REQUEST 9'>R COUNCIL~ ACTION STAFF REPORT Subject: Appeal of Planninq commission denial of Conditional Use Permit No. 91-28, and variance No. 91-08, requestinq approval of the Conditional Use Permit to permit the sales of beer and wine for off-site consumption and a variance from Development Code Section 19.06.030 permittinq a convenience store to be constructed on less than the minimum lot size, and a variance from Code Section 19.26 to permit a reduction in loadinq space requirements. Mayor and Common Council Meetinq of December 16, 1991 REOUEST The owners, Mr. and Mrs Kensie Wooten, are appealinq the denial of Conditional Use Permit No. 91-28 and Variance 91-08 by the Planninq commission. Under the authority of Development Code Section 19.06.020 the applicant, Value Homes, is requestinq to construct 2,000 sq. ft. of office & retail space includinq a convenience store with off-site sales of beer & wine. concurrently, under the authority of Section 19.72.030, the owner requests a variance from Code Section 19.06.030 requirinq convenience stores to be constructed on 10,000 sq.ft., and a variance from the Code Section 19.26 which established standards of 15 ft. in width and 50 ft. in lenqth for commercial loadinq space. The project proposes a loadinq space of 10 ft. in width and 15 ft. in lenqth. The subject property consists of a 6,250 sq. ft., rectanqular shaped parcel, located on the south side of Baseline Street, between Mt. Vernon Avenue and Garner Street, also described as 1255 West Baseline. The land use desiqnation of the site is CG-2, Commercial General, General Plan land use. ANALYSIS The subject property is within 255 ft. from a reliqious institution and within 100 ft. of residentially used property. Municipal Code standards specify. that development of new convenience stores comply with the minimum standards therein, in addition to conditions imposed by the Commission. The standards restrict proposals for alcohol sales within 500 feet of any reliqious institution, school or public park, and within 100 ft. of any property desiqnated for residential use or used for residential purposes. The subject property does not meet the Appeal of conditio~use Permit No. 91-28 & v~ance No. 91-08 Mayor and Common C il Meeting December 16, ~1 Page 2 minimum standards as described in the Municipal Code. Code Section 19.06.030 (2)(B) regulates structures subject to an off-site "ABC" license with regard to review by the Police Department who shall determine if a proposed location meets Municipal Code distance criteria or the location is in such close proximity to another similar use to cause oversaturation of the neighborhood. The determination of saturation levels and undue concentration of licensed premises is then reviewed by the planning Division and included in Staff's report to the Planning commission. With regard to Variances, Chapter 19.72 of the Development Code makes reference to the appropriate application of variances. The Code states that the power to grant variances does not extend to use regulations. BACKGROUND On May 11, 1991, the application for Conditional Use Permit No. 91-28 and Variance No. 91-08 was submitted, and on August 9, 1991, the application was deemed complete and accepted for processing. On NOVember 6, 1991, the Planning commission held a properly noticed public hearing on Conditional Use Permit No. 91-28 and Variance No. 91-08. The hearing began with a presentation of Staff's analysis and recommendation. Staff described how the necessary findings could not be made because convenience stores are not permitted within 1,000 ft. of existing licensed outlets, and because establishments proposing alcohol sales are not permitted within 500 ft. of a religious institution, and 100 feet of a residentially used property. Staff described how the project was initially submitted as Reviewof Plans No. 91-13, on March 27, 1991. The proposal did not contain an application including sales of alcohol for off-site consumption at that time. An interm ordinance, MC 770, was adopted by the Mayor and Common council, concerning the urgency of regulating the oversaturation of convenience stores. The ordinance was adopted March 12, 1991 and became effective April 12, 1991, prior to Review of Plans No. 91-13 being accepted as complete (Refer to Planning Commission report for more complete discussion). commissioners Stone and Cole spoke in favor of the CUP and Variance because they felt it would help the area. Mr. Kensie Wooten, property owner, spoke in favor. However, several area residents objected. In addition to the property owner, two persons in favor of the proposal and four persons in opposition spoke at the Planning Commission meeting (Refer to planning commission Minutes attached as an exhibit). Mr. Empeno, was not in Deputy City Attorney, advised that compliance with the Development Code the application and in addition, ~ppeai OL Mayor and Page 3 ~ona~~~ona~ Use Perm~t No. 91-28 & V~ance No. 91-08 Common C~cil Meeting December 16, ~1 there were no findings for approval. Plannina comai.sion Action The public hearing was closed and discussion of a motion to approve the conditional use permit followed. Mr. Empeno advised that the approval of the conditional use permit would be of questionable validity, and thus subject to appeal on validity. He stated that makinq findinqs for approval would be in direct conflict with the Code. Commissioner Cole made a motion to approve with conditions. Commissioner stone seconded it. The motion was not carried. Commissioner Valles made a motion to approve the variance and deny the conditonal use permit. There was no second. Based on the discussion and in aqreement with the staff recommendation, commissioner Romero made a motion to deny both variance and conditional use permit. Commissioner Oreteqo seconded it. The vote was carried with Commissioners Jordan, Lopez, Orteqa, Romero voting to deny and Commissioners Cole, Stone, and Valles voting to approve. On NOVember 14, 1991, the property owner filed an appeal of the Planninq Commission's denial of Conditional Use Permit 91-28, and Variance No. 91-08 with the City of San Bernardino (Exhibit A). ..J:"J:"....-- ....- --..-----..-- --- .--...-- .._" ~- -_ ... .-_______ .'_0 -- Mayor and Common C~cil Meeting of December vo... 1991 Page 4..., ...., MAYOR AND COMMON COUNCIL OPTIONS The Mayor and Common Council may deny the appeal and deny Conditional Use Permit No. 91-28 and Variance No. 91-08. OR The Mayor and Common Council may continue the item, and direct Staff to prepare an amendment to the Development Code to revise the distance criteria for establishments with off-site sale. of alcohol (19.06.030 (2)(B) and also to revise the distance criteria for establishment of convenience stores (19.06.030 (2)(F)). RECOMMENDATION Staff recommends that and deny Conditional based on the Findings the Mayor and Common Use Permit No. 91-28 of Fact contained in Council deny the appeal and Variance No. 91-08 Exhibit D. Prepared by: Denise S. Moonier Assistant Planner for Al Boughey, AICP Director of Planning and Building Services A - Letter of Appeal B - Statement of Planning commission Action C - Official Notice of Public Hearing before the Mayor and Common council D - November 6, 1991 Planning Commission Minutes E - Staff Report to the Planning Commission dated November 6, 1991 Exhibits: o Q November 10. 1991 CITY OF SAN BERNARDINO 300 north "D" street. San Bernardino. California 92418 Department of planning and building services Att. Al Boughey Director RE: Conditional use permit no. 91/28 variance no.91/08 Appeal of planning commissions' denial Dear Mr.Boughey: I would like to appeal the decision of the planning commission. I have attached a short summary of my situation. My appeal is based upon circumstances as depicted in the summary. I have enclosed a check for $106.00 - AS per a telephone conversation with one of your staff this date. N " (iil IS It Wi IS i~'{ G 0D ~ U w L:I UU NOV 1 ~ 1991 LID ~ n r- ill \' '.\..-... " ~ ~ ~ ~ \\ ..1 i.s U ~!.I!i1 NOV IOi '.'N"-!:l:"\I~.IO S~\N ~::.. ru,j,I. '.. -l~~:~ .......: l:. ,~:,j.).r C'F:. ....., ..,...w .......1 .._.. ""~S ~i~t:;~~C ;,,;;.......,..... Wooten roject owner (. . . ;~": s:...t~ SERNAi1.0if-tO ~.-~.'.;.'-:""E':T o~ P..ANNING & ",;,... ,- , ... ."r" SCFi.\i!CE.3 [.,;........I..o.J - EXHIBIT "A" II1I:I " <>> GOODEVENlNG LADIES AND GENGLEMEN lAM KENZIE WOOTEN I RESIDE AT 1586 WESTERN AVE WITHIN THE CITY OF SAN BERNARDINO. lAM THE OWNER OF THE PROPoSED BUSINESS SITE. THESE COMMENTS ARE REFERENCE CONDITIONAL USE PERMIT NO. 91-26 AND VARIANCE NO.91-06. I HAVE RESIDED WITHIN THIS COMMUNITY FOR 36 YEARS. I SERVED THE PEOPLE OF THIS COMMUNITY FOR 23 YEARS AS A POLICE OFFICER; 2YEARS WITH THE SAN BERNARDINO POLICE DEPT. AND ~YEARS WITH THE CALIFORNIA HWY PATROL. DURING MY LAW ENFORCEMENT CAREER I MOONLIGHTED IN VARIOUS MINI MKTS WITHIN THIS CITY. WORKING IN A MANAGERIAL CAPACITY. UPON MY RETIREMENT IN 1969 I APPROACHED THE SAN BDNO PLANNING DEPT. TO ASCERTAIN THE FEASIBILITY OF BUILDING A CONVIENCE STORE ON THE AFORE DESCRIBED SITE. RESPONDING TO THE DEPT/S VERBAL DIRECTIONS I PROCEEDED TO TAKE THE APPROPRIATE STEPS IN OBTAINING A APPLICATION. ALL OF MY EFFORTS AND ACTIVITIES REF THIS THIS PROJECT WERE MADE AT THE DIRECTION OF VARIOUS DEPT. EMPLOYEES. THE INITIAL SIX MONTHS I WAS ADVISED TO AWAIT THE DEMOLISHION OF SOME AJOINING PROPERTY. AFTER NUMEROUS DELAYS AND RED TAPE, I SOUGHT THE ASSISTANCE OF THE 6 WARD COUNCIL PERSON, MRS LUDLAM. IN MAY OF 1991 I WAS ADVISED THAT MY APPLICATION HAD BEEN ACCEPTED. I WAS ALSO ADVISED IN MAY OF 1991 THAT AS OF MARCH 1991 THE CODES AND ORDINANCES, AS THEY RELATE TO THE CONSTRUCTION AND OPERATION OF CONVIENCE STORES, HAD BEEN AMMENDED JVI-dO:tirii~~~~ e Q MY PROJECT WAS NO LONGER IN CONFORMANCE. BEING TWO YEARS INTO THE PROJECT AND HAVING SPENT A GREAT DEAL OF MONEY, I, RESPONDING TO THE DIRECTION OF THE PLANNING DEPT. APPLIED FOR A VARIANCE. IN RESPONDING TO THE DEPTARTMENTS DESIRES THE PLANS,AT ADDITIONAL EXPENCE, WERE REDRAWN. THE CILMINATION OF APPROXIMATELY 3 YEARS OF EFFORT ARE EXHIBITED HERE BEFORE YOU. IT IS MY CONTENTION THAT THE PROPOSED ESTABLISHMENT WILL NOT IMPAR THE INTEGRITY AND CHARACTER OF THE AREA. MY PRIMARY OBJECTIVE IS NOT A LIQUOR STORE. I NEED THE BEER AND WINE LICENCE TO MAKE MY STORE COMPETITIVE. AS IS EXHIBITED BY THE DECLINING MARKET FOR SUCH ITEMS, THE BEER AND WINE WILL BE OFFERED ONLY AS A CONVIENCE TO MY CUSTOMERS. IN COMMENTING ON THE FINDINGS OF STAFF------REFERENCE THE THE SUMMARY-----I QUESTION THE VALIDITY OF THE POLICE DEPTIS STATISTICAL INFORMATION AS IT ADDRESSES ALCOHOL RELATED CRIMES IN THE AREA. OF 122 INCUDENTS OFFERED AS EXAMPLES ONLY 12 ARE DEFINED IN THE CALIFORNIA PENAL CODE AS BEING RELATED TO ALCOHOL CONSUMPTION. 20 OF THE ARRESTS WERE INFACT ON THE EAST SIDE OF THE CITY. ALL OF THE EXAMPLES OF COMMERCIAL BURGLARIES (5) DEPICTED IN THE REPORT WERE BURGULARIES COMMITED AT THE PROPOSED PROJECT SITE. IN THIS INSTANCE I CONCUR WITH THE FINDINGS OF THE POLICE DEPT. THE BUILDINq,DUE TO ITS DETERIORATEING CONDITION, IS ATTRACTING THE WRONG ELEMENT. (14) OF THE ARRESTS ARE DRIVING RELATED OFFENCES. (7) OF WHICH WERE DRUNK DRIVING. TAKING INTO CONSIDERATION THE NUMBERS OF PEOPLE TRAVERSING AND RESIDING IN THIS AREA; THESE ARREST FIGUERS SEEM MINIMAL. o o THE STAFFS COMMENTS REFERENCE THE CHURCHS ARE ALSO OUESTIONABLE NEITHER CHURCH WAS IN EXISTANCE AT THE TIME OF MY INITIAL APPLICATION. GALILEE MISSION BAPTIST CHURCH STILL DOES NOT EXIST IN CLOSING I IWULD LIKE TO SAY THAT ALTHOUGH MY PROJECT IS NOT IN COMPLETE CONfORMANCE WITH STAff RECOMMENDATIONS, THE MAJORITY OF BUSINESSES IN '1'1115 COMMUNITY DO NOT CONFORM TO DEVELOPEMENT CODE STANDARDS. OF THE (4) BUSINESSES LISTED IN THE SAME PROXIMITY OF MY PROJECT (3) HAVE NO ON CITE LOADING OR PARKING CAPABILITIES. I CONTEND THAT MY FACILITY WILL BE A MODERN, WELL DESIGNED AND FUNCTIONAL INHANCEMENT TO THE AREA. MY PROPOSED USE OF A MARKET WITH SALES OF DEER AND WINE fOR OFf-CITE CONSUMPTION IS CONSISTENT WITH THE INTENT OF THE GENERAL PLAN AND IS ^ PERMITED LAND USE. THANK YOU o o City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Conditional Use Permit No. 91-28 and Variance No. 91-08 Applicant: Value Homes OWner: Mr. & Mrs. Kensie Wooten Meeting Date: November 6, 1991 X Denied Based upon Findings of Fact (Attachment B). :mn Ayes: Nays: Abstain: Absent: Jordan, Lopez, ortega, Romero Cole, Stone Valles None Clemensen, Lindseth I, hereby, certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of San Bernardino. Name and Title cc: Project Property OWner Project Applicant Building Division Engineering Division Case File PCAGENDA: PCACTION EXHIBIT "B" HI _ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM 6 HEARING DATE 11-6-ll1 WARD 6 ~ /" APPUCANT' Value Homes . 22345 Barton Road W CONDITIONAL USE PERMIT Grand Terrace, CA 92324 rn NO. 91-28 and Mr. & Mrs. Kensie Wooton C OWNER: CJ VARIANCE NO. 91-08 1588 Western Avenue San Bernardino, CA 92411 '-'" \. .) ,..... , "I Under authority of Development Code Section 19.06.020 to iB construct 2,000 sq. ft. of office & retail space including a convenience store with off-site sales of beer & wine, on :) 6.250 sq. ft. Concurrently, under the authority of Section 0 19.72.030, the applicant requests a variance from Code Section W II: 19.06.030 requiring convenience stores to be constructed on - 10,000 sq. ft. and a variance from Code Section 19.26 which C established standards to requlate off-street loading & delivery W II: Subject property is a rectangularly shaped parcel, located on C the south side of Baseline Street, between Mt. Vernon Avenue & Garner Street, also described as 1255 West Baseline. /" , EXISTING GENERAL PLAN PROP~RTV lANO USE ZONING [)F~IANAnON Subject COIIIIIIercial CG-2 Commercial General North Commercial CG-2 Commercial General South Residential RS Residential Suburban East Residential CG-2 Commercial General West Vacant CG-2 Commercial General ( GEOLCQIC I SEISMC DYES ) (=HAZARD~ ~=: ) ( SEWERS: Xl!I YES ) HAZARD ZONE: XkNO DNO ( HIGH FIRE DYES )( A1A1'OAT HOISE1 DYES )( REDEVELOPMENT Xl!IXves ) HAZARD ZONE: fi: NO CRASH ZONE: PROJECT AREA: DNO DNO - , ... o ~UCASLE o POTENTIAl. SIGNIFICANT Z 0 APPROVAL C EFFECTS WITH _ 0 lZrn MITIGATING MEASURES ~ 0 NO E.I.R. CONDITIONS We" I&.Q 2Z o exEMPT o E.LR. RECUlRED BUT NO I&.Z U DENIAL ZiS SIGNIFICANT EFFECTS CW Oz WITH MTlGATlNG t;2 11:- MEASURES 2 o CONTINUANCE TO -I&. > ~ NO SIGNIFICANT o SlGNlFlCANT EFFECTS 0 if! fd EFFECTS see ATTACHED E.R.C. \. MINUTES \. II: - ........-- - .... __ _'OF' ..... u Jl _ ~'t.'[.acnmen't. ..~" , CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-2B/VAR 91-0B FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE 6 11-6-91 16 r CONDrTrONAL USE PERMrT FrNDrNGS OF FACT 1. The proposed use is conditionally permitted within the subject land use district, however, it does not comply with all of the applicable provisions of this Development Code in that the lot area does not meet the minimum standards for convenience stores, minimum standards for loading and delivery area, and for minimum distance between religious institutions, residential uses and existing convenience markets with sales of alcohol. The proposed building would not impair character of the land use district be located in that it is architecturally the built environment. 3. The subject site is not physically suitable for the type and intensity of land use being proposed in that the site is too small for the intensity of a convenience store. 2. the integrity and in which it is to compatible with 4. The proposed use is compatible with the land uses presently on the subject property in that the present use is commercial. 5. The proposed use would not be compatible with existing and future land uses within the general area in which the proposed use is to be located in that the general area is oversaturated with licensed outlets for sales of alcohol and in that there is residential land use within 100 ft. 6. The proposed use is not compatible in scale, mass, coverage density and intensity with all adjacent land uses in the site is too small and the loading area is adjacent to a residentially used property. 7. There are adequate provisions for water, sanitation, and public utilties, however, there are not adequate provisions for public services which address the crime prOblems associated with convenience stores, and may be detrimental to public health and safety. 8. There will be adequate provisions the subject proposal in that the access from a public street. for public access to serve site would have one drive ... a;.:.... - I'LNloI.llI '_'OF' ..... .. -LL . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR 91-08 FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE 6 11-6-91 17 ,..- .... 9. There will be a harmful effect upon desirable neighborhood characteristics in that the sales of alcohol is associated within loitering, drinking in public, and other reported activities. 10. The Development Code does not require a market study for the proposed use of a convenience market. 11. The proposed use is consistent with the General Plan in that the convenience market is a permitted use, subject to the property development standards and approval of a CUP in the CG-2 land use designation. 12. There will not be significant harmful effects upon environ- mental quality and natural resources in that an Initial Study was permformed and a Negative Declaration was prepared. 13. The enviromental impacts were not significant and do not require mitigation. 14. The proposed location, size, design, and operationg charac- teristics of the proposed use would be detrimental based on the above Findings, to the public interests, health, safety, convenience, and welfare of the City. ~C!':.!!!!..!!!!!! . PI.......... ~... 1 OF 1 ..... CIlY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR 91-08 FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE 6 11-6-91 18 VARIANCE FrNDl:NGS OF FACT 1. There are no special circumstances applicable to the property, inclucUnq size, shape, topoqraphy, location or surroundings, the strict application of the Development Code does not deprive such property of privileqes enjoyed by other property in the vicinity and under identical land use district classification. 2. That qrantinq the Variance preservation and enjoyment of possessed by other property in district. is not necessary for the a substantial property riqht the same vicinity and land use 3. That qrantinq the Variance will be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such viCinity and land use district in that the site is too small for the proposed use and the area is oversaturated with properties licensed for the sales of alcohol. 4. That qrantinq of this variance request constitutes a special privilege inconsistent with the limitations upon other properties in the vicinity in which the Subject property is located in that all other such properties, except those of leqal nonconforminq status, are subject to limitations that are no less strinqent than those place upon the subject property. 5. That qrantinq the Variance does allow a use which is not authorized by the Development Code Standards for convenience stores. 6. That qrantinq ~f this variance request General Plan, J.n that the proposed use subject to approval of a Conditional Use will be consistent is a permitted use, Permit. ... rr.:'" ~ P\Nl.I.IlI PAGE' OF , 10401 '" l , CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT OFFICIAL NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNARDINO PLANNING COMMISSION r SUBJECT: APPEAL, OF CONDITIONAL USE PERMIT NO. 91-28 & VARIANCE NO. 91-08 (W^:,,' J r PROPERTY LOCATION: Subject property is a rectangularly-shaped parcel of land consisting of about .151 acres havinq a frontage of about 50 feet on the south side of easeline Street and being located about 300 feet _st of the centerline of Nt. Vernon Avenue and further described as beinq located at 1255 West easeline Street. PROPOSAL: The applicant requests approval of a COnditional Use Perait Under authority of COde Section 19.06.020 to pel'lllit construction of office/retail space includinq a convenience store with Off-site sales of beer and wine and the applicant requests a Variance of Code Section 19.06.030(2)(F) to construct the convenience .tore with le.. than the ainuUII lot .ize of 10,000 square fsat required for new construction of convenience stores in CG-2, Commercial General Gener-1 pl_.. land use desiqnation PUBUC HEARING LOCATION: SAN BERNARDINO CITY HALl. COUNCa.. CHAMBERS 300 NORTH "D" STREET SAN BERNARDINO. CA 92418 HEARING DATE AND TIME: Monday, December 16, 1991 2:00 A__-_.......__....-__- - .CllrMIL.,...............-................ ..............__....................r. L _.L........ ..,_C7MI_. ,.. ,..... ~ . ....... ,., - - . flU - .... . .....,.,..,....--.........-............. ......... _......... -. _J........ car MIl. _....". -.... - --- _._"""",,,a.. . .____.......ce. _1IIo__._T_____._ -.-...---......---..-.. __-_.-_--.._._cayan_ -"-4. ...--_..._.._..___ T___~ z.............,......__4~....._..._.. .........CI* wII_ -. .................._CIuMI.......... .,.........._-.,........Q......~....-.,.,..., ..-....---,...---.--- .........-..___ ~... r" .A...CIIp........~ ...-..--- . -'~... _ ....._1Ml ~~ - ~ ........____ - m.=.~ I'LANoU6 ~MIli' 01' , ..... tP ~ CITY OF SAN BERNARDINO PLANNING COMMISSION MINUTES NOVEMBER 6, 1991 INDEX Planninq Director's Report General Plan Amendment No. 91-11 General Plan Amendment No. 91-15 Variance No. 91-11 Tentative Tract No. 15222 Tentative Tract No. 14209 - Extension of Time Conditional Use Permit No. 91-28 and Variance No. 91-08 Parcel Map No. 14139 paqe 1 2 2 3 3 3 4 6 EXHIBIT "0" City of San BenQino Planning C~ission Meeting Minutes November 6, 1991 Page 4 c:a Washington Avenue and Palm AVenue having a frontage of about 1,413.98 feet on the south side of Washington Avenue and a frontage of 710 feet on the west side of Palm Avenue. The applicant requests an extension of time to establish a 41 lot single family subdivision in the RL, Residential Low, General Plan land use designation. OWner: State land Development Applicant: Sierra Engineering Ward: 5 ~evious Negative DeClaration; staff recommends approval This it_ was considered on the Consent Calendar and adopted previous Negative Declaration and approved request to expire on September 19, 1992 based upon Findings of Fact contained in staff reported dated November 6, 1991 and subject to Conditions of Approval and Standard Requirements listed therein. ITEM NO.6 CONDITIONAL USE PERMIT NO. 91-28 AND VARIANCE NO. 91-08 Subject property is a rectanqularly-shaped parcel of land consisting of about .151 acres having a frontage of 50 feet on the south side of Baseline Street and being located about 300 feet east of the centerline of Mount Vernon Avenue and further described as being located at 1255 West Baseline Street. The applicant requests approval of a Conditional Use Permit under authority of Code Section 19.06.020 to permit construction of Office/retail space including a convenience store with off-site sales of beer and wine and requests approval of a Variance of Code Section 19.06.030(2)(F) to construct the convenience store with less than the minimum lot size of 10,000 square feet required for new construction of convenience stores in the CG-2, Commercial General, General Plan use d.signation. OWner: Mr. and Mrs. Wooten Applicant: Value Homes Ward: 6 Receive comments formally from Public or Planning Commission. Denise Moonier, Assistant Planner, presented a summary of the project. Ms. Moonar provided staff's recommendation of denial. She stated that the neighborhood, according to staff's findings, was already saturated with liquor stores and had a high crime rate and did not comply with the Development Code. Commissioner Cole objected to having this denied. He said that a store selling beer enhance the quality of the neighborhood. item (Item 6) and wine would Mr. Kenzie Wooten, the Bernardino was opposed to selling beer and wine in owner, 1588 Western Avenue, San the denial. He felt that a market his neighborhood would improve the City of San Bern~o Planninq Commission Meetinq Minutes November 6, 1991 paqe 5 1) area becau.e it was a business. Mr. Carl Dean, 1255 W. Baseline (owner of property in question), was in support of Mr. Wooten. He stated there was not a hiqh crime rate at the time when the application was made. Mr. Peter A. Mercudante, Baseline and Mt. Vernon, spoke in favor. He said he was directly across the street and had no problems. Commissioner Lopez asked if there was anyone else in favor of this it_. He then asked for those who were opposed. John Hernandez, 1248 W. Oranqe St., was opposed. He stated there were too many druq, crack houses, and wine and beer places. Ms. Lupe Moranqa, 1263 W. Oranqe St. stated that she did not want anymore wine and beer stores. . Mr. Jim Rodriquez, 1256 W. Oranqe St., stated that there was already too much crime and robbinqs. He said he was almost shot approximately three Wednesdays aqo. Commissioner Valles aaked Mr. Rodriquez if the probl_ was liquor. Mr. Rodriquez stated it was. Norma Garcia, 1207 W. Baseline, says there are over 150 people at her church. There are a lot of robberies. There is qrafitti on walls. There is also a lot of vandalizinq. Mr. Wooten responded by sayinq the facility would be modern and well liqhted. Mr. Empeno advised that the application was not in compliance with the Development Code and in addition, there were no findinqs for approval. The public hearinq was closed and Commissioner Cole made a motion to approve with conditions. Commissioner stone seconded it. Motion was not carried. There was discussion. Commissioner Valles made a motion to approve the variance and deny the conditional use permit. There was no second. Commissioner Romero made a motion to deny both variance and conditional use permit. Commissioner Oreteqa seconded it. The vote was carried with Commissioners Jordan, Lopez, Orteqa, Romero votinq to deny and Commissioners Cole, Stone, and Valles votinq to approve. Vice Chairperson Lopez stated that the decision of the City of San Bern~o Planning Commission Meeting Minutes November 6, 1991 Page 6 ~ Planning Co.ai..ion was final unless appealed to the Mayor and Common Council, in writing, within 15 days of Planning Commission action. ITEM NO.7 PARCEL HAP NO. 14139 - Subject property is a rectanqularly- shaped parcel of land consisting of about .717 acres located at the northeast corner of Mountain Avenue and Lynwood Drive. The proposal i. to create 4 parcels for single-family lots in the RS, Re.idential Subur1:lan, General Plan land use designation. OWner: Applicant: Ward: Exelllpt: staff George and patricia Hicks Denny Carlson 7 recommends approval This itelll was considered on the Consent Calendar and request approved based upon Findings of Fact contained in staff report dated November 6, 1991 and subject to Conditions of Approval and Standard Requirements listed therein. Henry Empeno, Deputy city Attorney, advised the Commissioners that Fred Wilson, Assistant City Administrator has been the H_rings Officer for revocation hearings. Hr. Wilson is requesting that the Planning Commission authorize Peggy Ducey, Assistant to the City Administrator, to also act as a Hearings Officer to help handle these proceedings. Hr. Empeno reviewed her biography. Commissioner Lopez lIIade a 1II0tion to approve. Commissioner Stone seconded the lIIotion. The 1II0tion was unanilllously carried. o .0 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT III ~ CJ ti III :) o III a:: - C III a:: C SUMMARY AGENDA ITEM 6 HEARING DATE 11-6-91 WARD 6 CONDITIONAL USE PERMIT NO. 91-28 and VARIANCE NO. 91-08 APPUCANT' Value Homes . 22345 Barton Road Grand Terrace, CA 92324 OWNER: Mr. & Mrs. Kensie Wooton 1588 Western Avenue San Bernardino, CA 92411 Under authority of Development Code Section 19.06.020 to construct 2,000 sq. ft. of office & retail space including a convenience store with off-site sales of beer & wine, on 6.250 sq. ft. Concurrently, under the authority of Section 19.72.030, the applicant requests a variance from Code Section 19.06.030 requiring convenience stores to be constructed on 10,000 sq. ft. and a variance from Code Section 19.26 which established standards to regulate off-street loading & delivery Subject property is a rectangularly shaped parcel, located on the south side of Baseline Street, between Mt. Vernon Avenue & Garner Street, also described as 1255 West Baseline. EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION Subject Commercial CG-2 Commercial General North Commercial CG-2 Commercial General South Residential RS Residential Suburban East Residential CG-2 Commercial General West Vacant CG-2 Commercial General (GEOLOGIC I SEISMIC 0 YES . HAZARD ZONE: XkNO ( ) (FLOOD HAZARD 0 YES 0 ZONE A ) ( SEWERS: _ . ZONE: KieNO 0 ZONE B _ . ) (AIRPORT NOISE! 0 YES) REDEVELOPMENT CRASH ZONE: PROJECT AREA: DNO ~= ) ... C !Zen IIlCJ 2Z Z- aQ a::~ -II. > m ~.. HIGH FIRE 0 YES HAZARD ZONE: ft NO o ~UCABLE o EXEMPT NO SIGNIFICANT EFFECTS ~ ONO o POTENTIAL SIGNIFICANT Z 0 APPROVAl EFFECTS WITH a MlTlGAnNG MEASURES i= 0 NO E.I.R. C CONDITIONS II.Q o E.I.R. REQUIRED BUT NO II.Z U DENiAl SIGNIFICANT EFFECTS CIIl WITH MnGAnNG til MEASURES o CONTINUANCE TO a o SIGNIFICANT EFFECTS fd SEE ATTACHED E.R.C. MINUTES a:: PUN4lIZ ,_, OF 1 .... Q CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/ VAR 91-08 6 11-6-91 2 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE r ~ REOUEST The applicant requests a Conditional Use Permit under authority of Development Code Section 19.06.020 and Table 06.01 (List of Permitted Uses) to establish a convenience store including the off-site sales of beer and wine. The project is located on a site of 6,250 square feet. Concurrently, under the authority of Development Code Section 19.72.030, the applicant is requesting a a variance from Development Code section 19.06.030 (2)(f) requiring convenience stores to be constructed on a minimum lot area of 10,000 square feet, and a variance from Development Code Section 19.26 which established standards to regulate off-street loading and delivery. SITE LOCATION The project site is a rectangularly shaped parcel, located on the south side of Baseline Street between Mt. Vernon Avenue and Garner Avenue and further described as 1255 West Baseline in the CG-2,Commercial General, General Plan land use designation. DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE The proposal is consistent with the Development Code with regard to setbacks, height, parking and landscaping (See Attachment A). The use is a permitted use subject to approval of a Conditional Use Permit. The proposal is not consistent with the Development Code regarding the following items: the proposed site does not meet minimum lot size standards of 10,000 square feet for the construction of a convenience store : the proposed site does not meet minimum off-street loading standards for delivery : the proposed location is less than 1000 feet from an existing or previously approved convenience store: less than 500 feet from a religious institution: less than 100 feet from a property used for residential purposes: and is in close proximity to other like and similar uses to cause oversaturation. ll\1i&~ -?OIl PI...NW.aI ,AIlE t OF 1 ..... ..' Q CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR 91-08 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE b 11-6-91 3 CEOA STATUS The project is subject to the california Environmental Quality Act and further includes the proposed demolition of two buildings located on the property. Pursuant to Section 1, Chapter 15.37 of the San Bernardino Municipal Code, the project CUP 91-28, is subject to compliance with procedures for demolition. The project is required to undergo review by the Historical Preservation Task Force. In compliance with the Urgency Historic Structure Demolition Ordinance (MC 694), the applicant submitted a Historical Resources Evaluation Report to the Planning Division. Written by the consulting firm of Management Science. Applications, Inc., the report is on record in the Planning Division. Of the two buildings on the property one is a primary single family residential building that has been converted to office use and the second is the detached garage. The primary residential building is a single story, rectangular shaped building of wood construction in a Craftsman style. Basically, the report concluded that due to the extensive alteration of the facade and the fact that the building was moved to this site in 1944, this particular building is not eligible for any designation under the criteria set forth in the National Register of Historic,Places. As the project is subject to the California Environmental Quality Act, an Initial Study was prepared and reviewed at the meeting of September 9, 1991, of the Environmental Review Committee. The ERC recommended a Negative Declaration to the Planning Commission. The Initial Study was available for public comment from September 6, 1991 through September 27, 1991 and no public comments were received. Although assessment towards the undergo the Task Force. Management Sciences Applications, Inc, in 'their report recommend that no further action be taken building, the proposal to remove the buildings must scheduled review on October 23, 1991 by the Historic to. z::.:. - ~ ........ p_, OF' c_ 1 I ! ~ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR 91-08 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 6 11-6-91 4 "'l BACKGROUND City records indicate that a proposal to construct 2,500 square feet of retail/office space at 1255 W. Baseline was previously filed as Review of Plans 91-13, on March 27, 1991. This proposal did not request a permit for off-site sales of alcohol. The project proposal included the demolition of a structure and pursuant to Section 1, Chapter 15.37 of the San Bernardino Municipal code, the project RP 91-13 was subject to compliance with procedures for demolition. RP 91-13 was required to undergo review by the Historic Preservation Task Force, prior to final approval by the Environmental Review Committee and the Development Review Committee. The property owners representative, Value Homes, was notified of the City'S requirements, including requirements for deeming the application Incomplete within 30 days of filing with the city. On April 12, 1991 pursuant to Municipal Code guidelines, the Finance Department informed and directed Staff to discontinue processing the project due to unpaid fees. On April 12, 1991 Staff telephoned the property owners representative, Value Homes, and advised th_ of the circumstances regarding the fees necessary for continuing the project. At that time the representative communicated to Staff to deem the application withdrawn and close the case. RP 91-13 was deemed Withdrawn on April 12, 1991- The property owners and their representative subsequently contacted Staff in order to determine if the application could be revised and new fees submitted in order to develop a project for this site. Staff met with the property owners and Mr. Paul Weiler, their representative. Staff advised the property owners of Ordinance No. 770 which had been adopted by the Mayor and Common Council on March 12, 1991 and provided them copies of Ordinance MC-770. There was an interm ordinance, Me 770, adopted at the request of the Mayor and Council, prior to the Development Code because of the urgency of regulating the oversaturation of convenience stores in the City. On March 12, 1991, the Mayor and Council voted to regulate convenience stores, identifying 10,000 square feet as the minimum lot size allowable. The ordinance was adopted March 12, 1991 and became effective April 12, 1991, prior to the project being reviewed for 30 days and deemed Incomplete. m:.:. ... ~ .... ..... f'UN.IJa p_, OF' _ j f . J q. , " CIlY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR 91-08 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 6 11-6-91 <; ,.. "'I After reviewing the site characteristics, Staff determined the necessary revisions and fees for developing the site with a convenience store, which included a new application for the sales of beer and wine for off-site consumption and a request for a variance to permit construction of a convenience store on a parcel size of less than 10,000 square feet. This was re-submitted on May 11. 1991, as Conditional Use Permit 91-28 and Variance 91-08. The applicant met with the City's Development Review Committee on May 30, 1991, who requested a revised site plan and that a Historical Resources Report be submitted. The case was deemed Incomplete on May 30, 1991. A revised site plan recieved on Development Review Committee, Resources Evaluation Report was 1991. The report was reviewed Complete August 9, 1991. June 18, 1991, as required by the and submittal of the Historical received by the City on August 6, for accuracy and the case deemed " ! ANALYSIS PROPOSED USE The intent of the Commercial General land use designation is to provide goods/services which include general retail, restaurants and convenience stores. The proposed use of a market with sales of beer and wine for off-site consumption is consistent with the intent of the General Plan and is a permitted land use subject to the property development standards of the the Development Code and with approval of a Conditional Use Permit. COMPATIBILITY WITH THE NEIGHBORHOOD The proposed site is located on the south side of Baseline Street between Mount Vernon and Garner Avenues. The nearest school is Mt. Vernon Elementary School, at 1271 N. Mt. Vernon, is located 3/10's of a mile away. The nearest religious Church is 54 feet away Iglesia Church of God site. institution, the Galilee Mission Baptist at 1239 West Baseline Street Road, and the Penticostal, is 255 feet from the project The subject property is 3/10's of a mile from 10 th Street Park and next door to a residence at 1247 W. Baseline Street. To the south are residential land uses, to the east are commercial uses and to the north are commercial uses. -.. - -~- PLAH-UI '1liii, or: , 14<<1 o o "'I CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR 91-08 6 11-6-91 6 ... OBSERVATIONS AGENDA ITEM HEARING DATE PAGE ...,j ~ CRIME The site of the proposed market is located within census tract 47, and crime reporting district SCl19. For the reporting period of 1987 reported crimes were 150 per cent above the average crime statistics for the entire City. According to the San Bernardino Police Department investigation, the Subject property is located in and around a high crime area. High numbers of violent crimes occur and the majority of suspects are under the influence of alcohol and/or drugs. The 1987 crime statistics reported 171 Part I Crimes and 247 Part II Arrests. Of the Part II Arrests, 14 per cent, or 33 arrests were directly alcohol related. The 90 day statistics reported from 10-1-90 through contain 61 Part I Crimes reported and 62 Part II Arrests, per cent of the arrests being directly related to consumption. 1-24-91 with 24 alcohol To summerize the crime statistics, the 90 day stats indicate a substantial increase from 1987 in overall crimes reported and an increase from 1987 in the percentage of Part II Arrests which are directly alcohol related. CONCENTRATION OF ALCOHOL ESTABLISHMENTS The concentration of existing outlets for off-site sales, five existing outlets, equals the saturation level of five, as determined by the Police Department. If Conditional Use Permit 91-28 is approved the concentration of alcohol outlets will exceed the saturation level. Their investigation reported evidence that there are four other locations within 1,000 feet of the site. The nearest locations are listed as : Budget King, 1150 W. Baseline Street Catoes, 1127 W. Baseline Street Pete's Liquor Store, 1101 N.Mt Vernon Jimbo's Market, 1395 W. Baseline Street 685 feet from site 964 feet from site 823 feet from site 944 feet from site ::.:.~ .... ~ ,_.OF' .1....,. ~ """" CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR 91-08 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 6 11-6-91 7 The number of existing on-site sales is five. The saturation level from the Police Department is set at six outlets for the census tract. The nearest location with on-site sales of alcohol is the Arrowhead Elks Lodge, 2/10's of a mile away at 1073 N. Mt. Vernon. COMMENTS RECIEVED Area Residents The Police contacted six residents in the immediate vicinity of the proposed site. Of the six, five had no Objections. The resident at 1247 West Baseline street, Cora Mattews advised the Investigator that she is intending to move and has no opinion about the proposed business. Police Department The Police Department's report stated the following concerns: the lot is too small for the building and offstreet parking; the area is saturated with stores which sell alcoholic beverages; in one block there are three stores that sell beer and wine; and the area is a documented high crime district. Development Review Committee Conditional Use Permit 91-28, and Variance 91-09 was reviewed at the September 26, 1991 meeting of the Development Review Committee. The DRC voted to recommend denial of Conditional Use Permit 91-28 and Variance 91-09 to the Planning Commission. ABC COMMENTS On October 10, 1991, Staff contacted an Inspector Department of Alcohol Beverage Control regarding the convenience market. The Inspector advised Staff applicant has not applied for an ABC Off-premise license for the proposed that the yet. Additionaly, because the site is located within 100 feet of a residence, ABC rule 61.4 (proximity to residences) may apply to this site. An ABC license may be denied by ABC per this rule if they determine issuance of a license is detrimental to residents. .... m.=.~ 61 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR 91-08 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 6 11-6-91 8 ,.. ANALYSIS Variance Request The applicant is requesting a variance 19.06.030 Land Use District Specific ience Stores, to permit construction 6,250 square feet site located at 1255 of Development Code Section Standards (2)(F.l) Conven- of a convenience market on West Baseline Street. Concurrently, the applicant is Development Code Section 19.26. Muncipal standards which regulate for commercial establishments. requesting a variance from This section identifies the off-street loading and delivery site Characteristics The subject property is a rectangularly shaped parcel having a frontage of approximately so feet on Baseline Street and a depth of 132 feet. The parcel is relatively flat with no unusual , topography, and surrounded by similarly sized lots having businesses or older single family residences. Project Characteristics The parcel would be developed to the rear of the site. The required off-street parking property. with a two-story structure situated plans show one driveway, and eight, spaces along the west side of the The plans propose construction of store on the qround floor and 550 the second floor. a 1,450 square foot convenience square feet of office space on There would be a loading space, 10 feet in width by 20 feet in depth on the east side of the structure located between the east wall of the structure and the easterly property line. Development Code Standards Code Section 19.06.030 Land Use District Specific Standards (2) (F) permits convenience stores, of gross floor area less than 5,000 square feet subject to Conditional Use Permit review, and constructed and operated under specific development standards, with the requirement that the minimum site area shall be 10,000 square feet. Chapter 19.26, Section loading space not less and 14 feet of vertical 19.26.040 Design Standards (2) require than 15 feet in width, SO feet in length, clearance. ... ~...~ :0, I'LNM.llI P_, M, 14<<11 L _ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR 91-08 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE b 11-6-91 9 r """"l Mandatory Variance Findings Section 65906 of the California specific parameters under which a Section 19.72.050 of the Development provisions into the mandatory findings make prior to granting a variance. Government Code identifies variance may be granted. Code incorporates these that the Commission must Pursuant to the Development Code, there must be special circumstances applicable to the property that cause the strict application of the Code to deprive such property of privileges enjoyed by other properties in the vicinity and under the same land use district classification. In a written response intended to establish the need for a variance (Attachment Cl, the applicant holds that due to the size and the difficulty of increasing the size, the property owner is denied full commercial development that the surrounding property owners enjoy. The applicant feels that the surrounding property is allowed to be developed for commercial use and the subject property is restri'cted only due to its size. Further, the applicant states that the property was originally a residential district, that has been changed to a commercial district and that the project has been planned by the applicant for over one year. The granting of a variance must be found to not create a detriment to the public health, safety or welfare. The applicant responded that the granting of this variance will not be a detriment to the community. Instead, the applicant writes that the property can be developed in a way that will meet all existing zoning and planning requir_ents. The City may not grant a variance if it constitutes a special privilege that is not consistent with the limitations placed upon other properties in the vicinity. The applicant writes that there would be no special privilege with regard to parking, landscaping and other planning requirements and that the use of the property as a store/retail building had been anticipated by the owner since its purchase. Finally, the gr~nting of a variance does not allow a use or activity which 1S not otherwise expressly authorized by the regulations governing the subject parcel. The applicant writes that the stated property would be used for purposes expressly allowed under the existing zoning and consistent with the General Plan. - to. I!;l'.&- PU>o-UI p_, OF' (40<<11 1 o o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR 91-08 6 11-6-91 10 ~ OBSERVATIONS AGENDA ITEM HEARING DATE PAGE ...,j ~ Staff's Findings 1. Special Circumstances The applicant feels that special circumstances exist for the granting of a variance from the development standards restricting minimum lot size and dimensions of loading and delivery areas. Staff examined the Assessor's Map Book to determine the similarity of lot size and dimensions of subject property as compared with lot size and dimensions of other properties in the surrounding block area. The surrounding properties on the subject's block and across Baseline all have similar lot sizes and dimensions. The property is identical to others on the block and in the vicinity. There are no special circumstances applicable to this property including size, shape, topoqrahpy, location and surroundings that would place it at a direct disadvantage with other properties in the vicinity and identical land use if the Development Code standards were applied. Secondly, the applicant holds that special circumstances apply because of zoning re-classification. Staff's response to the aspect of zone classification, is that the subject property has been commercial for many years! specifically C-3, before the adoption of the General Plan 1n 1989. City land use maps document that the block in which the subject property is situated, along Baseline was zoned C-3. A check of City documents indicated that the property has not been recently re-zoned, nor subject to a new zoning land use classification. Subject to Conditional Use Permit discretionary review procedures and specific development standards under the old Title 19, Municipal Code, the property has remained a commercial land use classification through the adoption of the General Plan of June 1989. The CUP review procedures facilitate a discretionary approval for land uses whose approval may result in adverse impacts on neighborhood residents or encroach upon future development and may be only granted by the Commission when Findings have been made. A decision to grant a CUP based on the necessary Findings (with respect to ensuring a site is physically suitable for the type and intensity of development) has not changed from the old Title 19 Municipal Code to the new Development Code. II. &ll.Ill=- PI.AN-UI PMlE.-10F' f4-ICIt CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR ell-OR OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 6 ll-b-91 l' ~ ..~ For example, the old Title 19, Section 19.78.050 required that we address that the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. Additionally, Title 19, Section 19.78.050 also required introduction of alcoholic beverage sales at the proposed will not create an adverse impact on the surrounding pattern nor will a parking congestion be generated. - that the location traffic Therefore, Staff cannot concur that special circumstances exist because under the old Title 19, the project would have been subject to CUP review procedures and based on Findings necessary to be made for project approval. A review of the location, design, configuation, and potential impact of the proposed use would have been conducted. To summarize the determination that re-classification anticipation. 2. Necessity For the Preservation of a Property Right issues addressed in this section, it is Staff's special circumstances do not exist because of a of land use, zoning changes, or speculative The property has been zoned commercial for many years, and its owners had the opportunity to construct a convenience market onsite previouslY. Additionally, the property may be developed for any number of permitted uses: such as general retail, office, or food service uses. Loading restrictions may vary according to proposed land use. However, every other property owner in the vicinity is subject to the same standards for convenience stores. The regulations in regard to the Subject property are due to the size of the lot, and to its location in proximity to other convenience stores and other premises which are licensed by ABC for the sales of alcohol beverages. The regulations on the subject property are also due to the location in proximity to religious institutions, and residences. Other properties in the vicinity and land use district would be subject to the MuniCipal Code restrictions if the other properties filed an application for a new a convenience store project. The Findings cannot be made that application of necessary for the preservation of property rights lot area or loading area. a variance is with regard to =:.=. ... - Iro.. PUWoI.ClI P_' 01'. _ o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-2B/VAR 91-0R CONDITIONS AGENDA ITEM HEARING DATE PAGE 6 11-6-91 12 , 3. Health, Safety and General Welfare A convenience store would be subject to frequent stops for deliveries of beer, wine, food and other goods. Both cars and trucks require sufficient room for driving, parking and backing up. Due to the small nature of the site, there may be some traffic impacts between vehicles as it is the nature of convenience store parking lots to be busy. The parcel may be subject to the impacts of vehicles because of frequent, small trips of short duration. During peak day and evening periods of purchasing there may be localized traffic impacts associated with the blocking of the drive aisle on the property. The project cannot be developed in a way that will meet all existing zoning and planning requirements and not be detrimental to the public health, safety and general welfare in that the location of the property is within an environment that is a high crime area, oversaturated with like and similiar uses and results in an undue concentration of off-site alcohol outlets. The site is also in proximity to churches, schools, and residential uses. The project proposes putting a 10 by 20 loading area on the east side of the site, next to a single family residence. Locating a loading area within a few feet of a residence may cause impacts on the adjacent property. Other uses , for example, medical or professional offices, may not have delivery trucks with food and beverages unloading next door to a residence. All things considered, a larger loading area, situated farther from a residential property would be more compatible with the area. staff does not concur that the granting of a variance will not be materially detrimental to the public health, safety,or welfare, or injurious to the property or improvements in the vicinity and land use district in which it is located. 4. Special privilege While a number of other businesses have sites that do not conform to Development Code standards, and while the applicant would not have any special privilege with regards to having the required number of parking spaces, landscaping and setbacks, other properties in the vicinity and in the land use district are subject to the same Municipal Code requirements as the applicant. Staff holds that the granting of the variance does constitute a special privilege inconsistent with the limitations upon other 'f properties in the vicinity and land use district. .... r:.=. ~ H P\.MoUIP_'lIF. 144lll . 9 g CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP NO. 91-28/ VAR NO. 91-08 6 11-6-91 13 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE ~ 5. General Plan consistency The proposal is consistent with the intent of the Commercial General land use designation as described in the City's General Plan. CONCWSION It is the intent of the Development Code to prevent the oversaturation of convenience stores, as they are associated with high crime statistics and other activities troublesome to local r.sidents. Comments from area residents, ABC inspectors, the Police Department and the Development Review Committee have been incorporated in the analysis, and conclusions are based on th... Attachments as evidence which supports or does not support the applications for the Conditional Use Permit, and Variances. \ The site does not conform to the Development Code with regard to ) size, loading area, and compatibility to other land uses, based on the project location being in proximity to similar and like uses, residential land use, and religious institutions. The Development Code states that parcels are to provide adequate space to meet the needs of commercial development including off-street parking and loading, to minimize congestion, and to ensure compatibility with adjacent land uses. It is difficult to make Findings for approving the Conditional Use permit and a Variance for this parcel. The project does not conform to the Development Code with regard to lot size based on proposed use. The project does not conform to Development Code S.ction 19.06.030 (2), which addresses property development standards and regulates establishments which require the issuance of an "ABC" license, that they shall not be located in such close proximity to another similar use as to cause oversaturation of the neighborhood. .. ~ ... .. - - D1~_ .~,_t ,...- CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR 91-08 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 6 11-1)-91 14 ~ "";I,; RECOMMmmATION Staff recOJlllllenels that the Planning COJIIIIIisaion eleny Coneli tionaL u.~ Permit No. 91-28, anel variance No. 91-08 ba.eel on the Pinciinq....of~ Pact. (Attachment B). Respectfully submitteel, :!~(}R~~~tant Director Planning anel Buileling S~ices e: !:on~ Assistant Planner " 4 I . ", Attachments: A - Development Cocie Conformance Table B - Pinelings of Fact C - Variance written response D - Initial stuely E - Police Report F - Site plan, Floor plan anel Elevations G - Location Map " oJ;' =-=. .. .,- PI..MoIJII PAla.10F 1 ..... _ J A1:1:acnrnen1: IIAII <>> CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR 91-08 AGENDA ITEM HEARING DATE PAGE 6 11-6-91 15 OBSERVATIONS ~ DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE ~ Cateaorv Permitted Use Heiqht Setl:lacks front side rear Lot Coveraqe ProDosal Develonment ~ General ElAn Market/ Office Subject to: Convenience Store Stand. & approved CUP Permitted Subject CUP 2 stories 2 stories/ 30 ft. 2 stories 10 ft. 5 ft./4 ft. Oft. 25.6 , 10 ft. Oft. Oft. N/A N/A N/A N/A 50 , Parkinq 8 8 N/A DEVELOPMENT CODE SECTION 19.06.030 (2) (b. f.) (Convenience Store Development Standards) Site area 6,250 sq. ft. 10,000 sq. ft. N/A Direct frontaqe from public street Driveways Proximity: to existinq convenience stores to Reliqious Institutions to housinq - to schools m.=. .. 1.1 YES YES N/A 1 1 N/A N/A 4 stores o stores within 1000 ft. within 1000 ft. 2 within 500 ft. o within 500 ft. N/A 2 within 100 ft. o within 100 ft. N/A 1 within 3/10 's of mile o within 500 ft. N/A ....... ,_, OF' I'-lOl IlII 1. Atcacnrnent liB" Q CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR 91-08 FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE 6 11-6-91 16 ~ CONDrTrONAL USE PERMrT FrNDrNGS OF FACT 1. The proposed use is conditionally permitted within the subject land use district, however, it does not comply with all of the applicable provisions of this Development Code in that the lot area does not meet the minimum standards for convenience stores, minimum standards for loading and delivery area, and for minimum distance between religious institutions, residential uses and existing convenience markets with sales of alcohol. 2. The proposed building would not impair character of the land use district be located in that it is architecturally the built environment. 3. The subject site is not physically suitable for the type and intensity of land use being proposed in that the site is too small for the intensity of a convenience store. the integrity and in which it is to compatible with 4. The proposed use is compatible with the land uses presently on the subject property in that the present use is commercial. 5. The proposed use would not be compatible with existing and future land uses within the general area in which the proposed use is to be located in that the general area is oversaturated with licensed outlets for sales of alcohol and in that there is residential land use within 100 ft. 6. The proposed use is not compatible in scale, mass, coverage density and intensity with all adjacent land uses in the site is too small and the loading area is adjacent to a residentially used property. 7. There are adequate provisions for water, sanitation, and public utilties, however, there are not adequate provisions for public services which address the crime problems associated with convenience stores, and may be detrimental to public health and safety. 8. There will be adequate provisions the subject proposal in that the access from a public street. for public access to serve site would have one drive ... m.:~~ - PL.ANoI.DI PMIE' OF , .... 14-101 - - o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28!VAR 91-08 " FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE 6 11-6-91 17 ., 9. There will be a harmful effect upon desirable neighborhood characteristics in that the sales of alcohol is associated within loitering, drinking in public, and other reported activities. 10. . The Development Code does not require a market study for the proposed use of a convenience market. 11. The proposed use is consistent with the General Plan in that the convenience market is a permitted use, subject to the property development standards and approval of a CUP in the CG-2 land use designation. 12. There will not be significant harmful effects upon environ- mental quality and natural resources in that an Initial Study was permformed and a Negative Declaration was prepared. 13. The enviromental impacts were not significant and do not require mitigation. 14. The proposed location, size, design, and operationg charac- teristics of the proposed use would be detrimental based on the above Findings, to the public interests, health, safety, convenience, and welfare of the city. '1 ) ~-, I'\MaJlll p_, OF' _ - - Q CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-28/VAR 91-08 FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE 6 11-6-91 18 VARIANCE FINDINGS OF FACT 1. There are no special circumstances applicable to the property, includinq size, shape, topoqraphy, location or surrouncUnqs, the strict application of the Development Code does not deprive such property of privileqes enjoyed by other property in the vicinity and under identical 1an~ use district classification. 2. That qrantinq the Variance preservation and enjoyment of possessed by other property in district. is not necessary for the a substantial property riqht the same vicinity and land use 3. That qrantinq the Variance will be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land us. district in that the site is too small for the proposed use and the area is oversaturated with properties licensed for the sales of alcohol. 4. That qrantinq of this variance request constitutes a special privileqe inconsistent with the limitations upon other properties in the vicinity in which the subject property is located in that all other such properties, except those of leqal nonconforminq status, are subject to limitations that are no less strinqent than those place upon the subject property. s. That qrantinq the variance does allow a use which is not authorized by the Development Code Standards for convenience stores. 6. That qrantinq of this variance request General Plan, in that the proposed use subject to approval of a Conditional Use will be consistent is a permitted use, Permit. to.. r.::.& = PLMoI.llI P_' OF' 14<<11