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HomeMy WebLinkAbout49-Planning . , CITY OF SAN BBR,.Q.OINO ... RBQUEST .g.. COUNCIL ACTION Dapt: R. ANN SIRACUSA, Director of Planning Planning Department aEC1)~:"""~eal of _ APR 22 tJt fl{OH 88-4 Review of Plans From: Date: April 2l, 1988 Synopsis of Previous Council action: A No Previous Council action taken - see attached Staff Report Recommended motion: That the Mayor and Council deny the appeal or uphold the appeal and designate proposal as a restaurant. ~J~- R. ANN SIRACUSA, Director of Planning Contact person: R. Ann Siracusa Phone: 384-5057 Supporting data attached: Staff Report & Attachments Ward: 1 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.1 {Acct. Descriotionl Finance: Council Notes: AMn". "a~ "'n -:/j CJ - CITY OF SAN BBRNiltDINO - RI:QUEST ,g,. COUNCIL ACTION STAFF REPORT SUBJj':CT Appeal of Review of Plans No. 88-4, requesting approval of project design in regards to designation as a restautant vs. a fast-food restaurant. REOUEST To proceed with project as originally proposed. ~~!;:J~J.{!lJ.!lm The proposed project is (35' X 24') restaurant located at 1271 West 5th Manufacturing) district. to construct on a 7,500 Street in an 840 square a C-M square foot foot parcel (Commercial- Review of Plans 88-4 was submitted January 2, 1988. Develgp~D~~~yj~w_CPID~j~~~~_=-F~p~>>~~y_~~_l~>>~ The DRC continued the item to allow for site plan redesign. DRC deemed the proposal to be a fast-food restaurant and subject to Code Section 19.56.050(F) of the San Bernardino Municipal Code parking requirements of one space for each 60 square feet of gross floor area or 14 spaces. P~y~l.QPJll.el\j;_ ~~Y j.e~_ !;:9D1Jl1H.t.e.e_ =_~"lLJ~_lill DRC moved to deny the requirement could not requested continuance to of restaurant definition. project because the parking be met, but the applicant allow time for interpretation DRC continued project. ,,, . ,. ., II~'" ,,, 1988 ....ADD.1JlS- ",PJlIIlIJ.:!1!.l.OD_ =:.. E.iU.>dJ_...u._ Commission interpreted proposed use as a fast-food restaurant. P~Y.e19PJP.ent_B~j~~p~itj;e~=_tlAx~b_ll~_lill Denied approval of plans based on insufficient parking for project. The March 15, 1988 staff report to the Planning Commission summarizes an investigation into the definition of a restaurant vs. a fast-food restaurant, and the contact Blade with the City Attorney's office concerning this matter. 7!lo.O~fi4 . . o o Re: Review of Plans 88-4 Apr il 20, 1988 Page 2 In general, fast-food restaurants are restaurants that provide a small menu of low-priced pre-prepared foods that customers may consume on the premises or take with them. Fast food restaurants rely on large volumes of customers who stay for short periods of time1 they, therefore, locate on major arterial roads, at freeway interchanges and in shopping centers. Often situated in their own small buildings, they may require larger parking lots than other restaurant facilities to accommodate people waiting for orders in addition to seated customers and staff. At the present, the City has no adopted definition of a restaurant vs. a fast-food restaurant, so guidelines on design are impossible to give to the developer. The Planning Commission has directed staff to formulate the appropriate definitions. 91'np1'lILbVAILAllI>E TO 1HIUmXp~_~~p~pI.l~ 1. Uphold appeal and designate proposal as (This would allow the review process to reconsideration by the Development Review a restaurant. continue and Committee. ) 2. Deny appeal. (Applicant would have to redesign project and resubB,it for review and approval.) RECOMMElIDbTION Staff is opposed to this project being designated as a normal "restaurant" when it is clearly a fast-food, drive-in type restaurant proposal. That designation requires more parking spaces as per Code requirements and is the point of consideration that the developer disagrees with. Prepared by: John Montgomery, AICP Principal Planner For: R. ANN SIRACUSA Director of Planning JM:cms Attachment "An - March 30, 1988 Appeal letter request. Attachment "B" - March 22, 1988 DRC Decision. Attachment "C" March 15, 1988 Planning Commission Staff Report. Attachment "D" - March 15, 1988 Planning Commission Minutes. doc.miscellaneous rp884appeal 4-20-88 - - .L .' . ~"J p~1. ~ o ATTACHlo1ENT "A" O' MadISOll>el.... . mulldln. I)efllnel'S DISc)~. cilh "_II lii.hland. U In:ue RECE"FJ ,., '>'1 rp;.: March 30. 1988 'f8 t<:'7 -1 P:; :(8 Honorable Mayor & Common Council City Hall 300 North "D" Street San Bernardino, CA 92410 . -., 'C'~'8 \-., , , ' ....r --. ...., We are formally requesting an appeal to the San Bernardiftc;l City council of the City of San Bernardino Planning Co..,"ion , decision dated March 15, 1988. in regards to R.O.P. 88-4. ' Enclosed is correspendence between my firm, the Pl.nning Department and the Planning Commission. It is my Cll,'Pt's intention to operate a restaurant as the Ci ty of San Bern.illino Municipal Court allows. As this correspondence illustrates, we have earnestly sought a clear definition as to why the Planning Department states our proposed project is a "Drive-in" and not a "Restaurant" as \je proposed. The Planning Commission in this decision did not address our request for a definition or design guildelines, but simply stated that it is a "Drive-in". We have been wi 11 ing to adapt our projec t to spec i fic des ign requirements of a restaurant; however, neither the Planning Commission.or Staff have afforded us that opportunity. Therefore. ~le feel the City of San Bernardino should allow us to proceed with our project as orinally proposed. Sincerely. ~M~ Paul M. Madison MADISON DESIGNS .~ i~) .)J.t ~ , - 11. ~ . o ATTACHMENT "B" c"' oJ CI ERN ARD IN 0 300 NORTH "0" STREET. SAN SERNAROINO. CALIFORNIA 92418 March 22. 1988 Mr. Paul M. Madison 27189 5th Street Highland, CA 92346 RE: Review of Plans No. 88-4 Dear Mr. Madison: Ikdm cc: Mr. Migel Hinojosa 5965 Laura Lane San Bernardino, CA KIV RP88-4 i ~F"I""" ,,;-.,.:", - , ......_ 'I, ~ _, .. ,'. '. , ( ~\""-1"d' . ~/~.,r ., . , J;!. .. -. . o CITY OF SAN SERNARDINO ATTACHMENT lie" o MEMORANDUM - To THE PLANNING COMMISSION CRITERIA FOR DISTINGUISHING BETWEEN CLASSIFICATIONS OF RESTAURANTS RE: From PLANNING DEPARTMENT Subject Date RP 88-4 MARCH 15. 1988 ApprOVed AGENDA ITEM II: 12 Date 1 . REQUEST Mr. Paul Madison, applicant for Review of Plans 88-4, requests the Planning Commission to establish the criteria to distinguish between a "Restaurant (with or without a lounge or entertainment", and "Restaurant - drive-through, drive-in, walkup" (fast food). See Attachments "A", "B", and "C". The purpose of the request is to determine parking standards for Review of Plans 88-4. 2. BACKGROUND Review of Plans 88-4 was submitted to the Planning Department January 2, 1988. On February 5, 1988 the item was before the Development Review Committee where it was determined the project is a fast-food walkup restaurant and parking was required based on San Ber- nardino Municipal Code Section 19.56.050(F). The item was continued to allow a redesign of the site plan to include additional parking. The parking could not be provided on the lot. On March 3, 1988 the Development Reveiw Committee made a motion to deny the project, however, the applicant requested continuance to allow time for this interpretation. 3. ANALYSIS The entire issue of what constitutes a restaurant is very complex. The San Bernardino Municipal Code does not define restaurants nor distinguish between different types of restaurants, except in the parking require- ments, Section 19.56.050. City Planning staff, with in put from the City Attorney's Office, puts forth the fOllowing factors which affect the kind of restaurant for the Planning Commission's consideration: A. Size of kitchen area in comparison to eating/ser- vice area1 the preparation area for a sit-down type restaurant is approximately 50' of the floor area, (generally a fast-food restaurant has a larger preparation area). B. Extent and type of menu. \ ., o o .~I ',;..1;. #" ~ . .....; - To: The Planning Commission Re: Review of Plans 88-4 March 15, 1988 Page 2 v C. Volume of totai gross receipts received from sales for on-site and off-site consumption. D. Type of service. 1. Drive through window. 2. Order at a table or counter? 3. Served by a waiter or a waitress? 4. Food served on standard plates with flatware or in disposable packaging? E. Manner and time of payment. L Is payment made when food is ordered? 2. Is food served, consumed, and then paid for? 3. Are credit cards accepted? F. Consumption. 1. Where is the food consumed? Is it served at a table? Taken to a Car? Taken home? 2. Are there enough seats to serve all those who order food? 3. Is there aisle space for those who order food to go? G. Manner of food preparation. 1. Is food prepared and cooked on-site? 2. Is food packaged off-site and heated? H. Hours of operation. I. Length of time patrons take to consume food on- site. . ~ o o To: The Planning Commission Re: Review of Plans 88-4 March 15, 1988 Page 3 These and other factors represent the kinds of considerations which must be considered in defining various types of restaurants. The type of restaurant may affect parking requirements, traffic impacts, and even acceptability in a given zone district. The applicant who requested the criteria was asked information on Review of Plans 88-4 pertaining to these considerations. The City Attorney's Office has placed emphasis on table service and not on take-out. 4. REVIEW OF PLANS 88-4 The following reflects the nature of the proposed application: A. The kitchen and preparation area is 435 square feet, or 56' of the total area. B. The seating area is 140 square feet, or 16' of the total area. C. The service and circulation aisle is 175 square feet, or 20' of the total area. D. The restrooms, which are accessible only from the exterior, are 90 square feet, or 10' of the total area. E. The counter appears to be where orders are placed. F. Hours of operation will be from 11:30 a.m. to 8:30 p.m. G. There is no indication that waiters or waitresses serve food. H. There is no indication of the manner or type of payment. 1. There is no indication if time the order is placed, specific order, or if the or meals. food is prepared at the or if it is provided to menu is individual items . ~ o o To: The Planning Commission Re: Review of Plans 88-4 March 15, 1988 Page 4 The applicant was requested to submit a regarding the operation, however, he provide anything in writing. letter of intent elected not to 5. CONCLUSION The applicant requested distinguishing criteria for different classifications of restaurants. The purpose of the request was to evaluate parking standards for a specific proposal, Review of Plans 88-4. The proposal is for an 840 square foot restaurant. Of the total square footage, 16\ is seating area. Due to the applicant's inability to provide information on his project, and based on the criteria presented by the City Attorney's Office which is established in law case history, the proposed 840 square foot restaurant is a fast-food, walkup restaurant. 6. RECOMMENDATION Staff recommends the Planning Commission: 1. Discuss the criteria outlined in the analysis portion of this memorandum, 2. Determine that the restaurant proposed in Review of Plans 88-4 be considered to be a fast- food walkup restaurant, and 3. Direct staff to prepare a Resolution of Intent to amend the San Bernardino Municipal Code to include definitions of the different types of restaurants. Respectfully submitted, R. ANN SIRACUSA Director of Planning ~/1( / ''(* ~ .r; Michael Norton Associate Planner MN:cms pcagenda RP884memo 03-10-88 , f o ATTACHMENT "A" MadlsC)n ()eslllnS l3ulldlnlLJ)eSlanen. 1171S() 1:. .:ill. scruet 'lilehland. U ~ o February 24, 1988 City of San Bernardino Planning Department 300 North "D" Street San Bernardino, CA 92410 ATTN: Ed Gundy RE: R.O.P. 88-4 Dear Sir: In reference to this response of my letter dated February 8, 1988, it is still unclear to me what or what is not a restaurant? I wish to enlist the planning commission to review my original request, this letter, and the Planning Department's response dated February 15, 1988. I wish to design this project within the design requirments of a restaurant. I have listed my questions to your department's response as follows: Item #1: Are waiter/waitresses required to define an easting establishment as a restaurant? Item #2, 3, 4: Shall we submit the copy of the menue to determine the type of restaurant my client intends to operate. , Item 4f5: This is the most vauge design condition of all. I am totally lost on this one. I wish to have the review process continued unti 1 such time the planning commission has rendered its interpretation and sufficient time to make revisions (if any) to our proposed restaurant design and/or gather any other information necessary to provide an acceptable proposal for approval as a restaurant. Sincerely, 4lr2~ Paul M. Hadison MADISON DESIGNS - , f o~ o ATTACHMENT "B" ( ERN ARD IN 0 300 NORTH "0" STREET. SAN SERNAROINO. CALIFORNIA 92418 . . February 15, 1988 Mr. Paul M. Madison 27189 Fifth Street Highland, CA 92346 RE: Review of Plans No. 88-4 Dear Mr. Madison: Upon consultation with the City Attorney's office, the above reference prOject is a drive-in type restaurant that requires one parking space per sixty square feet of gross floor area because: - It appears no waitresses are required. - Choice of menu. - Individual price menu. .. Meal provided to order. .. Tables.. sufficient place to sit while anticipating your meal. If you wish a Planning Commission interpretation, the fee is S50.00. If you have any questiuns, please do not hesitate to contact me at (714) 384-5057. Respectfully, ~r$-- Mi chae I Norton Associate Planner /kdm KI V RP88-4 . , - o~ o Aotadis()n Veslans /" 1l~lndinlf llesl.ners 2'71S~ 1:. .:iUs Street I1ighlnnd. U ~,ti ATTACHMENT "e" February 8, 1988 City of San Bernardino Planning Department 300 North D Street San Bernardino, CA 92410 Attn: Ed Gundy Re: R.O.P. 88-4 Dear Sir: , I am submitting this letter to request a clear determination as to why our proposed restaurant does not fall into the category of a "restaurant" but rather a "drive-in" in regards to site design and parking requirements. It is my clients intention to operate a "sit-down" type eating establishment with fixed seating as shown on the plans submitted. for review. In light of the vague definitions and the contradicting in- formation I have received from the City Planning Staff, I wish to have the review process continued until such time my request has been addressed and a clear definition has been established. To my knowledge I have provided all the information necessary to process this application as a restaurant. However, if I can clarify or further describe our proposed project or the type of business my client intends to conduct, please contact my office at 714-862-1340, Sincerely, ,rUt,t,Q Jl ~UQx1~ Paul M. Madison Madison Designs - o ATTACHMENT "D" 0 CITY OF S!N EsERNARDINO !. I\nEMORANDUM To R. ANN SIRACUSA, Director Planning Department Definition of Restaurant From DElflfIS A. BARLOW Sr.Asst.City Atty oau March 2, 1988 Subject ApprOVed Date The question has arisen as to what constitutes a restaurant for the purposes of San Bernardino Municipal Code Section 19.56.050 Subsections "E" and "1'". Subsection "E" outlines the parking requirements for restaurants (with or without lounge or entertainment) and Subsection "F" specifies the requirements for drive-through, drive-in, or walk-up restaurants. The question arises because the parking requirements are significantly less under Subsection "E" than under Subsection "1'". There are no definitions in the Code for these terms. In reviewing the various cases I found the following listed criteria to define a restaurant: 1. Individually priced menu items (HodqRon v. ARA ServiceR. Inc. (DC Va) 392 F .Supp. 1167, 1173) . 2. Choice of menu (Hodqson v~AFA Services. Inc. (DC Va) 392 F.Supp. 1167, 11730. 3. Waiters/waitresses (Fulway Corp. v. Liaaett Druq Co., 148 NYS 2d 222, 230). 4. Tables (In re Bowers (DC Cal.) 33 F.Supp. 965, 966). 5. Meals provided to order (In re Bowers (DC Cal.) 33 F.Supp. 965, 966). To the above I would add that there should generally be sufficient tables to seat,the anticipated patrons, and that the emphasis should be on table service and not on take-out. Certainly, an establishment which meets all of the above criteria would be a restaurant. However, if one or more of the criteria are not met, the Planning Commission could still determine, in light of all the surrounding facts and circumstances, that a business :is a restaurant and not a fast- food establishment or some other variation. . o o . . R. ANN SIRACUSA March 2, 1988 Page Two In arriving at the appropriate definition, the courts have concluded that in the absence of definitions to the contrary con ta ined in plann ing and zon ing ord inane.. for purposes of determining permitted land use of property under zoning classification, what constitutes a "restaurant" as opposed to a nonpermitted "drive-in" is determined by considering the common and ordinary meaning of these terms, liberally construed in favor of permitted use. (See !!:derer v. Board of Zon in9 Aopeals, 248 N.!!:. 2d. 234, 248, and Spiccia v. Abate, 207 N.E. 234, 235, 236.) ARLOW City Attorney DAB:cm . o ATTACHMENT "0" o City of San Bernardino Planning Commission Meeting Minutes of 3/15/88 Page 8 Commissioner Lopez made a motion to Declaration for environmental impact 88-2. The motion was seconded unanimously. recommend adoption of the Negative and approval of Change of Zone No. by Commissioner Stone and carried ITEM NO. 11 Appeal of Review of Plans No. 88-6 -- Appeal of Development Review Committee's denial of Review of Plans No. 88-6, for the construction of a 17,854 square foot metal building addition to an existing 10,000 square foot building located on 1.76 acres located at 420 South "E" Street in the C-M Commercial-Manufacturing zone. OWner: Stockwell & Binney Applicant: penco Builders Ward: 1 Scott Wright presented comments as contained in the staff report dated March 15, 1988. Mr. Wright noted that the site is within the overlay district for the Central City South Redevelopment Project Area and design guidelines indicate that aluminum or other metal panels are not permitted as elevation materials. He stated that the existing struc- ture pre-dates these guidelines. Mr. Wright stated that staff recommends denial of the appeal and that the Commission uphold the decision of the Development Review Committee. In response to questions, Attorney Brue stated that Commission has no authority to override the guidelines district. the Planning of the overlay The applicant was not present. There was no one in the audience to speak to this item. The public hearing was closed. Commissioner Lindseth made a motion to deny the decision of the Development Review Committee for Plans No. 88-6. The motion was seconded by carried unanimously. appeal and uphold the denial of Review of Commissioner Cole and llm NO. 12 ~.eg>>~~--!9X_ Determination 9f Criteria fox-P~liDjD9_A-_Bestaurant Request for Planning Commission to determine the criteria for defining a restaurant (with or without a lounge or entertainment) and a restau- rant-drive-through, drive-in, and walk-Up (fast food restaurant). Sandra Paulsen presented comments, noting that this item is a request from an applicant on a project which was denied by the Development Review Committee because parking was inadequate for a fast food restau- rant. Ms. Paulsen stated that the applicant requested that criteria be established for fast food restaurants. She noted criteria that should be considered such as size of kitchen in relation to size of eating area, extent and type of menu, volume of total gross receipts, type of - o 0 City of San Bernardino Planning Commission Meeting Minutes of 3/15/88 Page 9 service, manner of preparation of food, hours of operation, length of time needed to consume food. Ms. Paulsen stated that the applicant's proposal (noted in detail in the memorandum to the Planning Commission dated March 15, 1988) shows 56 percent kitchen area, a counter where orders are placed and no indicat.ion of waiters or waitresses. Ms. Paulsen stated that staff recommends that the Planning Commission discuss criteria, determine that the proposed restaurant is a fast food walk-up and direct staff to prepare a resolution of intention to amend the Code to include defini- tions of different types of restaurants. Commissioners discussed criteria. Commissioner Lopez commented that in most restaurants you order your food from a waitress and pay after you eat, most fast food restaurants have a bigger working area than seating area. Commissioners Lindseth and Stone felt they should stay away from percentages of floor area to determine type of restaurant. Commis- sioner Lindseth felt that determination of type of restaurant should be based upon type of payment, how food is to be served, access to rest- rooms and intent of customer to consume food on or off site. Commissioners commented on the applicant's proposal. Commissioner Lopez felt it was a fast food restaurant because restrooms are to be on the outside. Commissioner Lindseth concurred, stating that the size of the food preparation area, seating area, area for circulation and service, accessibility to restrooms, and no indication of waiter or waitress service indicate a fast food restaurant. Mrs. Siracusa stated that, if the applicant's proposed restaurant is determined to be a fast food restaurant then they must adhere to a higher parking standard because there is a high turn-over rate for such uses. Staff is asked for a determination from the Commission so that the proper parking ratio can be' used. It was the consensus of the Commission to allow the applicant to speak. Mr. Paul Madison, applicant for Review of Plans No. 88-4, asked what he could do to the building to make it a restaurant. Mr. Madison stated that his client indicates that he would be providing a waiter and it is not to be a drive-through restaurant since they can't fit a drive- through on the site. Mr. Madison did not know how food would be packaged. Commissioner Lindseth felt the proposal appeared to be for a fast food type restaurant. Commissioner Lindseth made a motion that the restaurant proposed in Review of Plans No. 88-4 is considered to be a fast food restaurant. The motion was seconded by Commissioner Lopez and carried with all but the abstention of Commissioner Cole. J(, ,;;I II o ~tadlia1 [lei"ns 0 13ulldlnlf ()esIeneR ~71Sc) L ciUa Street til.hland. U ~34t3 4, ~_:- ~:,~ ...:- May 16, 1988 ,,.,- Honorable Mayor and Common Council City Hall 300 North D. Street San Bernardino, Ca. 92418 Re: Appeal of Review of Plans No. 88-4 Dear Mayor and Common Council: The issue before this Honorable Body in our appeal from the Denial of Review of Plans is whether our proposed development is a restaurant or a "drive in" restaurant. DennisA. Barlow, Sr. Asst. City Attorney, in Legal opinion dated March 2, 1988, lists the legal criteria to define a restaurant. These criteria and our responses ~re as follows: 1. Individually priced menu" items. The menu will be a typical restaurant menu for meals and ala carte items. 2. Choice of menu. There will be a choice of menu, including different lunches and dinners.. 3. Waiters/waitresses. My client.will provide a waiter or waitresses. 4. tables. There will be sufficient tables to seat anticipated patrons. 5. Meals,provided to order. Meals will be provided to or.der. The emphasis will be on table service and not on take-out. In the language' of th. Legal opinion, "Certainly an establish- ment which meets all of the above criteria would be a restaurant". ::f2:J'~n~- Paul M. Madison, Madison Designs PM:gb ~~/I yr