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HomeMy WebLinkAbout38-Planning ~I~ OF SAN BERNARDQO ... REQuQT FOR COUNCIL ABtON Dept: R. ANN SIRACUSA, Director of Planning Planning Department llEc'O~~~"q($~eal of Review of Plans \S9S APR 22 k~ lioH 88-4 From: Date: April 21, 1988 Synopsis of 'Previous Council action: A No Previous Council action taken - see attached Staff Report RecommBndBd 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 attachBd: Staff Report & Attachments Ward: 1 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Descriotion) Finance: Council Notes: .. ~ 1 X>. CI,c OF SAN BBRNARDICo - REQUIIOT FOR COUNCIL ACOON STAFF REPORT SUBJE~ Appeal of Review of Plans No. 88-4, requesting approval of project design in regards to designation as a restaurant vs. a fast-food restaurant. REOUEST To proceed with project as originally proposed., ll~CJ.~BQIDm The proposed project is to (35' X 24') restaurant on located at 1271 West 5th Manufacturing) district. construct 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. Deve lQP-WlJl!:.Ji'Y j..eli_ ~S>J!lJ!l.U.t.e.e_=-Fi!l>nI~.t" y _ ~.._l~Jl.8 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 alea or 14 spaces. ~i!Yi!19PJ!li!P.t_~eyj.e~_CQIDIDi.t.tei!_=_~~_J.._~ 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. 1'1ADn.iDa.. C9J1lJ!1.bJ!l..u>p_ =_ tiA.r;:t;b_l~_~ Commission interpreted proposed use as a fast-food restaurant. Peyd9PMD.t_ Ri!Y j.ll.1fS9JD11l,il..tllL: _ tinpILll.L_Ull. 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 nlade with the City Attorney's office concerning this matter. 15~0264 . e o o o Re: Review of Plans 88-4 April 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 time; 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'T.H)l'1fLAVAIL~J.E TO ,TJUUmY91U~~PSQll~ 1. Uphold appeal and designate proposal as (This would allow the review process to reconsideration by the Development Review a restaurant. continue anc1 Commit tee. ) 2. Deny appeal. (Applicant would have to redesign project and resubn,i t for review and approval.) RJo~COMMElIDbTI ON 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 "A" - March 30, 1988 Appeal letter request. Attachment "B" - March 22, 1988 DRC Decision. Attachment "C" March 15, 1988 Planning Commission Staff Repor t. Attachment "D" - March 15, 1988 Planning Commission Minutes. doc.miscellaneous rp884appeal 4-20-88 . c 0 A"J P~{. ATTACHlo1ENTO .. ,.;Ju "'adlsm (:>eIlftlS . l3uHdlnlt ()edanen ~71S<) I:..jlb lea... l1ilhland. U <n~ March 30, 1988 .' o RCC~'\ ,'-, . L.. :': - "_I '" :-p~' "f8 rr2 -1 P:; :[2 Honorable Mayor & Common Council City Hall 300 North "0" Street San Bernardino, CA 92410 . ~...... "8 ,.1 - . -. ~.. We are formally requesting an appeal to the San Bernardino City Council of the City of San Bernardino Planning Commission, decision dated March 15, 1988, in regards to R.O.P. 88-4. Enclosed iB correspendence between my firm, the Planning Department and the Planning Commission. It is my client's intention to operate a restaurant as the City of San Bernardino Municipal Court allows.' As this correspondence illustrates, we have earnestly sought a clear definition as to why the Planning Department Btates our proposed project is a "Drive-in" and not a "Restaurant" as \le 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 willing to adapt our project to specific design 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 allowuB to proceed with our project as orinally proposed. Sincerely. ~M~ Paul M. Madison MADISON DESIGNS ) i )"i .}J,' _ ' . e o o o ATTACh!1ENT "B" 300 NORTH "0" STREET. SAN BERNARDINO, CALIFORNIA 92418 March 22, 1988 Mr. Paul M. Madison 27189 5th Street Hi9hland, CA 92346 RE: Review of Plans No. 88-4 Dear Mr. Madison: On March 17, 1988, the above Review of Plans application was reviewed by the Development Review Committee. The following action was taken: ~ Denied based on the following: Insufficent parking for project. If the item was continued, it will be rescheduled for Development Review Committee when a revised plan and/or additional information items have been submitted to the Planning Department. If you have any questions, please contact this office at (714) 384-5057. SinCerelY~ '" ~'ld~ Mike Norton Associate Planner /kdm cc: Mr. Mi ge 1 Hi nojosa 5965 Laura Lane San Bernardino, CA KIV RP88-4 i ~F'''~'' '1"-;.-:~,-, ~"~-'ii'" ". ~., \....,-_.,'."0. , -,....~: T ' . e 0 ATTACHMENT '0 CITY OF SAN BERNARDINO - o MEMORANDUM To THE PLANNING COMMISSION CRITERIA FOR DISTINGUISHING BETWEEN CLASSIFICATIONS OF RESTAURANTS RE: From PLANNING DEPARTMENT Subject Date RP 88-4 MARCH l5, 1988 Approvitd AGENDA ITEM 1I; 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 RRestaurant (with or without a lounge or entertainmentR, and RRestaurant - drive-through, drive-in, walkupR (fast food). See Attachments RAR, RBR, and RCR. 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 19.56.0S0. 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 area; 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 o ~, ~.. ~- 7 To: The Planning Commission Re: Review of Plans 88-4 March 15, 1988 Page 2 C. Volume of total 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. 1. 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. .. c: o o o To: The Planning Commission Re: Review of Plans 88-4 March l5, 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. ~he 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 l40 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 lO' of the total area. E. The counter ~ppears to be where orders are placed. F. Hours of operation will be from ll: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. I. 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 .. c o 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 spec if ic proposal, Rev iew 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'( - Michael Norton Associate Planner MN:cms pcagenda RP884memo 03-10-88 . e nTACHMENT "A" n _adls()n VeslMS l3ulldlnlUleslctnen. 1171S() 1::. liU. Street , lihthland. (;4 ~6 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 wi thin 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? I tem In. 3. 4: Shall we submi t the copy of the menue to determine the type of restaurant my client intends to operate. , Item #5: This is the most vauge design condition of all. I am totally lost on this one. I wish to have the review process continued until such time the planning commission has rendered its interpretation and sufficient time to make revisions (if any) to our proposed restaurant design ~nd/or gather any other information necessary to provide an acceptable proposal for approval as a restaurant. Sincerely, r02~ Paul M. Madison MADISON DESIGNS . e ~O ATTACHMENT~" ( o ERN ARD IN 0 300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 9241B . February IS, 1988 Mr. Paul M. Madison 27189 Fifth Street Hi9hland, 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 parkin9 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 $50.00. If you have any questiuns, please do not hesitate to contact me at (714) 384-5057. Respectfully, """,;L.. Mi chae I Norton Associate Planner /kdm KIV RP88-4 " QadiS()n DeS..Qs lJundinlll)eslll1ers ,2'71891:. liU, Street l1u2hland. U fl;J.'" o /' ATTACHMENT "C" February 8, 1988 City of San Bernardino P1anninc 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. Sin~eraly, /U(,~ Jl J(CW~ Paul M. Madison Madison Designs --0 0 ATTACHMENTO. CITY OF S!N BERNARDINO - o I\IIEMORANDUM To R. ANN SIRACUSA, Director Plannin9 Department Definition of Restaurant From DENNIS A. BARLOW Sr.Asst.City Atty Date Marc:h 2, 1988 Subject ApprllVlId 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 "F". 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 requir,ments are significantly less under Subsection "E" than under Subsection "F". 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 (Hodqson v. ARA Services. Inc. (DC Va) 392 F.Supp. 1167, 1173) . 2. Choice of menu (Hodqson VL-AFA Services. Inc. (DC Va) 392 F.Supp. l167, 1l730. 3. Waiters/waitresses (Fulway Corp. v. Liqqett Druq Co., l48 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. . . R. ANN SIftACUSA Ma,rch 2, 1918 Page Two In arriving at the appropriate definition, the courts have concluded that in the absence of definitions to the contrary contained in planning and zoning ordinances 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 Ederer v. Board of Zonin9 A9geal~, 248 N.E. 2d. 234, 248, and Spieeia v. Abat., 207 N.E. 234, 235, 236.) DENNIS A. ARLOW Sr. Asst. City Attorney DAB:cm . o o ATTACHMENT O' o City of San Bernardino Planning Commia.ion Meeting Minutes of 3/15/88 Page 8 Commissioner Lopel made a motion to Declaration for environmental impact 88-2. The motion was seconded unanimoua1y. ITEM NO. 11 recommend adoption of the Negative and approval of Change of Zone No. by Commissioner Stone and carried Appeal of ~.~i.~ 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 the Planning Commission has no authority to override the guidelines of the overlay district. 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 decision of the Development Review Committee Plans No. 88-6. The motion was seconded carried unanimously. the for by appeal and uphold the denial of Review of Commissioner Cole and ITm NO. l2 F.i!gyU~_JS>L Determination QL~ur ia foxJ)lliiI\.J.I\9_ AuB.estaur ant 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 o o o 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 indication 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. ~ ~ ~ o o o City of San Bernardino Planning Commission Meeting Minutes of 3/15/88 Page 10 After the vote, Commissioner Lindseth commented that he was concerned that people will have difficulty in establishing businesses. It was the consensus of the Commission that staff be directed to prepare research on a definition of restaurants and present it to the Commission at their next meeting. * * * Commissioner Nierman commented briefly on the League of ~alifornia Cities Planning Commissioners Institute held March 9 through 11, 1988 in Anaheim. He noted that comments from other City Planning Commis- sioners and Directors in regard to properly managing growth were very interesting. He noted their caution to be very careful of growth control and management of growth control. There being no further business, the meeting was adjourned by a motion from Commissioner Corona, seconded by Commissioner Lopez and unani- mously carried, to the next meeting of the Planning Commission to be held on March 29, 1988, at 7:00 p.m. in the Council Chambers, City Hall. 8:15 p.m.// - . ~- - - o o o RECE!VED-Clry CLER!< '88 APR 28 P 4 :50 April 28, 1988 Ms. Evelyn Wilcox Mayor City of San Bernardino City Hall San Bernardino, CA 92418 Re: Restaurant on 5th street east of Mt. Vernon on south side of 5th. In reference to the appeal council meeting set for May 2, 1988 @ 2:00 PM. I am requesting a continuance over to May 16, 1988 @ 2:00 PM. I was not notified of this meeting until today @ 3:00 PM by our architect who inturn had just been notified by Shawna Clark. Miguel Hinojosa is out of town and is not even aware of this date. Regards, ~6~ Ana Hinojosa-Barbosa on behalf of Miguel Hinojosa cc: Paul Madison Jr. Madison Design o .3y