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HomeMy WebLinkAbout09- Development Services C�Op� CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION om: Michael E. Hays Subject: General Plan Amendment No. 98-05, Development Code Amendment No. 98-03 & Conditional Use Permit No. 98- Dept: Development Services 19; for a service station with convenience store including the off-site sale of beer and wine, and drive-thru restaurant located at the northwest corner of Orange Show Road and Waterman Avenue. Development Code Amendment to allow sale of alcohol within 100 feet of residentially used, but not residentially zoned property. Date: January 7, 1999 MCC Date: January 25, 1999 Synopsis of Previous Council Action: None JHPd 0 7 ^? Recommended Motion: That the hearing be closed and the resolution he adopted which adopts the Negative Declaration and approves General Plan Amendment No. 98-05; the first reading be waived and the ordinance which approves Development Code Amendment No. 98-03 be laid over for final adoption; and Conditional Use Permit No. 98- 19 be approved based on the Findings of Fact, subject to the Conditions of Approval and Standard equirements. Y4&V�16,• ,�tu , M u Micha 1 E. Hays Contact person: Michael E Hays Phone: 384-5357 Supporting data attached: Staff Report Ordinance, Resolution Ward(s): 3 Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct No ) N/A (Acct Description) Finance: Council Notes: /ts fly Agenda Item Nc CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: General Plan Amendment No. 98-05, Development Code Amendment No. 98-03 & Conditional Use Permit No. 98-19 Mayor and Common Council Meeting Of January 25, 1999 Owner: Applicant: Estate of J.D.S. Anderson MJ&S Management Inc. C/o Hartnell, Horspool & Fox c/o Chehab El Awar 25757 Redlands Blvd. 4009 N. Sierra Way Redlands, CA 92373 San Bernardino, CA 92405 (909) 796-6881 (909) 883-9328 REQUEST AND LOCATION: A request for approval of a General Plan Amendment to change the land use designation of 0.8 acres from OIP, Office Industrial Park to CG-1, Commercial General; a Development Code Amendment to allow the sale of alcoholic beverages within 100 feet of property used for residential purposes, but not residentially zoned and; a Conditional Use Permit to establish a service station with a 2,780 square foot convenience store with the off-site sale of beer and wine and a drive-thru restaurant. The subject property is located at 1194 South Waterman Avenue, at the northwest corner of Waterman Avenue and Orange Show Road (Assessors Parcel Number 0136-431-21). KEY POINTS: • The project is consistent with all applicable Development Code requirements • The site is at the intersection of two major arterials • The proposal is consistent with General Plan policy 1.7.14 • Although the Development Code Amendment would remove the prohibition of selling alcohol adjacent to residentially used, but not residentially zoned property, the City would still have the authority to place conditions and restrictions on the sale of alcohol or deny a request if alcohol sales are not compatible with surrounding uses and adverse impacts cannot be mitigated. ENVIRONMENTAL DETERMINATION: Two initial studies were prepared for this project. The one for the General Plan Amendment and Conditional Use Permit is site specific. The other is for the Development Code Amendment, which has citywide impacts. The Environmental Review Committee reviewed both Initial Studies on October 22, 1998 and determined that the projects could not have a significant effect on the environment and recommended Negative Declarations. The public review period was from November 5, 1998 through November 24, 1998. No comments were received. i PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted 6 to 0 (Baeza, Enciso, Garcia, Hendrix, Suarez and Thrasher) to recommend adoption of the Negative Declarations and approval of Development Code Amendment No. 98-03, General Plan Amendment 98-05 and Conditional Use Permit No. 98-19 based upon the Findings of Fact contained in the December 22, 1998 staff report (Exhibit 2). FINANCIAL IMPACT: The applicant submitted an application and the applicable processing fee. RECOMMENDATION: Staff recommends that the hearing be closed and the resolution be adopted which adopts the Negative Declaration and approved General Plan Amendment No. 98-05; the first reading be waived and the ordinance which approves Development Code Amendment No. 98-03 be laid over for final adoption; and Conditional Use Permit No. 98-19 be approved based on the Findings of Fact, subject to the Conditions of Approval and Standard Requirements. Prepared by: Michael Martin, Assistant Planner For: Michael Hays, Director of Development Services Exhibits: 1 - Location Map 2 - Planning Commission Staff Report of December 22, 1998 Attachments: A Location Map B Site Plan, Floor Plan, Elevations C Development Code and General Plan Consistency Table D Conditions of Approval E Standard Requirements F Initial Study - CUP 98-19 & GPA 98-05 G Initial Study - DCA 98-03 3. - Resolution 4. - Ordinance EXHIBIT 1 AGENDA CITY OF SAN BERNARDINO °LANNING ITEM z AND BUILDING SERVICES DEPARTMENT CASE LOCATION HEARING DATE .To EA T a � I y J J ? p 11112 s t: 1 I S na i I «dlu« z II 1 1 Ennis t. v Orange Show Rd� 1 I s I I sCL ;� - _ y ` q VICT 0.1• e.ic. I oti II •�"� noun i r.. P4AILlt t P.c+E t OF 1 l�1 EXHIBIT 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: General Plan Amendment 98-05 / Development Code Amendment 98-03 & Conditional Use Permit No. 98-19 AGENDAITEM: 3 HEARING DATE: December 22, 1998 WARD: 3 APPLICANT: ENGINEER: MJ&S Management Inc. Estate of JDS Anderson c/o Chehab El Awar c/o Harmell, Horspool & Fox 4009 North Sierra Way 25757 Redlands Blvd. San Bernardino, CA 92405 Redlands, CA 92373 REQUEST/LOCATION: The applicant requests approval of a General Plan Amendment to change the land use designation of the subject property from OIP, Office Industrial Park to CG-1, Commercial General; a Development Code Amendment to allow the sale of alcoholic beverages within 100 feet of property used for residential purposes, but not residentially zoned and; a Conditional Use Permit under authority of Development Code Section 19.06.030(2)(B)(G)(I)&(S) to establish a service station with a 2,780 square foot convenience store with the off-site sale of beer and wine and a drive-thm restaurant. The proposed use is located at 1194 South Waterman Avenue, at the northwest corner of Waterman Avenue and Orange Show Road in the OIP, Office Industrial Park, land use district. CONSTRAINTS/OVERLAYS: Subsidence/Liquefaction Flood Zone X (shaded) ENVIRONMENTAL FINDINGS: ❑ Exempt, Section 0 No Significant Effects ❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: 0 Approval 0 Conditions ❑ Denial ❑ Continuance to: Conditional Use Permit. 98-19/General Plan Amendment 98-05& Dcn,elopment Code Amendment 98-03 Meeting Date: December 12, 1998 Page 2 REQUEST AND LOCATION The applicant requests approval of a Conditional Use Permit, General Plan Amendment and a Development Code Amendment. The Conditional Use Permit, under authority of Development Code Section 19.06.030(2)(B) (G) (I) (S), is a request to establish a service station with a 2,780 square foot convenience store with the off-site sale of beer and wine and a drive-thru restaurant. The off-site sale of beer and wine will require the applicant to obtain a Type 40 ABC License. The General Plan Amendment would to change the land use designation of the subject property from OIP, Office Industrial Park to CG-1, Commercial General. Service stations, convenience stores, and drive-thru restaurants are not permitted in the OIP land use designation. All three uses are permitted, with an approved CUP, in the CG-1 land use designation. The Development Code Amendment would delete a provision in the Commercial District section of the Development Code prohibiting an establishment from obtaining an Alcohol Beverage Control License if the establishment is located within 100 feet of a property used for residential purposes, but is not located within a residential land use district. The proposal is adjacent to a single-family residence to the west, which is within the IL, Industrial Light, land use designation. The applicant will not be able to obtain an ABC License without amending the Development Code as proposed. The proposed amendment would effect proposed alcohol permits citywide. Development Code Section 19.06.030(2)(B)(1)would be amended to read: "Establishments subject to an off-site ABC license shall not be located within 500 feet of any religious institution, school, or public park within the City; 100 feet of any property designated for residential use m;used a �•• �� �; and shall not be located in such close proximity to another similar use to cause overconcentration of the neighborhood. The license application shall be reviewed by the Police Department prior to City approval." The proposed development is located at 1194 South Waterman Avenue, at the northwest comer of Waterman Avenue and Orange Show Road in the OIP, Office Industrial Park, land use district. SETTING/SITE CHARACTERISTICS The site is comprised of 0.8 acres of vacant undeveloped land on the northwest corner of Waterman Avenue and Orange Show Road with the northern boundary of the property fronting on Ennis Street. The site is flat with limited vegetation. Adjacent to the site to the west are single-family residences in the IL, Industrial Light, land use designation. Across Waterman Avenue to the east is an illegal auto sales facility in the OIP land use designation. To the north and south are vacant parcels also in the OIP land use designation. Waterman Avenue and Orange Show Road are both identified as major arterials by the City's General Plan. Conditional Use Permit. 98-191 General Plan Amendment 98-05 & Development Code Amendment 98-03 Meeting Date: December 22, 1998 Page 3 BACKGROUND The Development Review Committee (DRC) initially reviewed the project on September 24, 1998. An Initial Study was prepared and presented to the Environmental Review Committee (ERC) on October 22, 1998. After the required 21-day public review period, no comments were received about the project and at the December 3, 1998 ERC/DRC meeting, the project was cleared to the Planning Commission. FINDINGS AND ANALYSIS GENERAL PLAN AMENDMENT 98-05 — A request to change the land use designation of the subject parcel from OIP, Office Industrial Park to CG-1, Commercial General. 1. The proposed amendment is internally consistent with the General Plan General Plan Objective 1.31 is to "establish the Waterman Avenue corridor as distinctive office industrial parks and corporate centers". However, much of the land along the Waterman corridor remains vacant or underdeveloped. General Plan Policy 1.7.14 is to "establish community serving commercial nodes at key intersections throughout the City". Once Orange Show Road is completed and open, the subject property will be at a major intersection where service retail is an appropriate use. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposal would allow the property to be developed for commercial retail purposes. The development proposal meets all applicable provisions of the Development Code, and will be constructed and operated in conformance with all applicable City and State requirements, as such, it will not pose any threat to the public health, safety and welfare of the citizens of San Bernardino. 3. The proposed amendment would maintain the appropriate balance of land uses within the City. The construction of Orange Show Road has created new major intersections where commercial nodes are most appropriate. There are still many vacant parcels along the Waterman corridor that can be developed as Office Industrial Park. Conditional Use Permit. 98-19/General Plan Amendment 98-O.i d Development Code Amendment 98-03 Meeting Date: December 22, 1998 Page a © 4. The subject parcel is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints)for the requested land use designation and anticipated land use development. All agencies responsible for reviewing access, and providing water, sanitation and other public services have all had the opportunity to review the proposal, and none have indicated an inability to serve the project as a retail commercial site. The site meets the minimum requirements of the Development Code in regards to lot size, access, and circulation for the CG-1 land use designation. DEVELOPMENT CODE AMENDMENT 98-03 — A request to delete a provision in the Commercial District section of the Development Code prohibiting an establishment from obtaining an Alcohol Beverage Control License if the establishment is located within 100 feet of a property used for residential purposes,but is not located within a residential land use district. ]. The proposed amendment is consistent with the General Plan General Plan Policy 1.6.2 is to "control the location and number of alcohol sales...based on proximity to residences, schools,religious facilities, and parks in accordance with legislative and legal requirements." Under the proposed amendment, a new ABC License adjacent to residentially used property in a non-residential land use designation would require discretionary approval from the City instead of being prohibited outright. The City will still have the ability to place conditions and restrictions on a new ABC License to eliminate and/or minimize any potential conflicts, or deny an application if alcohol sales are not compatible with surrounding uses and adverse impacts cannot be mitigated. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The discretionary approval process of the Conditional Use Permit will still serve the public interest, health, safety, and welfare. Conditions and restrictions can be placed on a new ABC License to eliminate and/or minimize potential conflicts. All property owners within 500 feet of a proposed site for alcohol sales are notified of the public hearing so that they may participate in the decision making process. CONDITIONAL USE PERMIT 98-19 — A request to construct a service station and convenience store with the off-site sale of alcohol and drive-thru restaurant. L The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject land use district and complies with all of the applicable provisions of this Development Code. The project site is located in the OIP, Office Industrial Park which does not permit service stations,convenience stores, or drive-thru restaurants. However,these are permitted in the CG-1 designation subject to a Conditional Use Permit pursuant to Development Code Sections Conditional Use Permit. 98-191 General Plan Amendment 98-05& Development Code Amendment 98-03 A4eeting Date: December 22. 1998 Page 5 19.06.030(2)(B), (G), (I) and (S). As such, approval of the associated General Plan Amendment will alleviate the project's inconsistency with the General Plan. The proposed project complies with all applicable provisions of the Development Code as shown in Attachment C. 2. The proposed use is consistent with the General Plan. General Plan Objective 1.19 states that it is the objective of the City of San Bernardino to: "Provide for the continued use, enhancement, and new development of retail, personal service, entertainment, office and related commercial uses along major transportation corridors and intersections to serve the needs of the residents..." The establishment of a service station with convenience store and drive-thru restaurant will provide additional services for residents and visitors. It is at an appropriate location at the new intersection of Waterman Avenue and Orange Show Road. 3. The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. A Negative Declaration is proposed for the Conditional Use Permit and General Plan Amendment. A second Negative Declaration is proposed for the Development Code Amendment. No mitigation is required for either of the Negative Declarations. 4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. As noted on the Summary page and in Finding #3, Negative Declarations are proposed for this project and no mitigation is required. 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. General Design The proposal is in compliance with all applicable Development Code Standards, and is consistent with the General Plan as noted elsewhere in this staff report. Access to the site will be available on Ennis Street, Waterman Avenue, and Orange Show Road. The project includes three service station islands with a total of six fuel dispensers on the eastern half of the property. A 320 square foot canopy with approximately 15 feet of clearance and 24 feet of total height will protect the islands. Conditional Use Permit. 98-19/General Plan Amendment 98-05& Development Code Amendment 98-03 Meeting Date: December 22. 1998 Page 6 The main structure for the convenience store and drive-thru restaurant is located toward the western end of the site and is 2,780 square feet in area. The drive-thru aisle wraps around the building with the entrance on the north side, orders will be placed on the west side (the rear), and the pick up window is on the south side of the building. A six-foot masonry wall will be required to reduce impacts from light and noise to the adjacent property to the west. Parkin The Development Code requires 1 space for each pump island for a services station, 1 space for each 250 square feet of gross floor area for retail uses, and 1 space for each 100 square feet dedicated for drive-thru restaurant uses. The project includes 522 square feet for the drive-thru restaurant (5 parking spaces), 2,330 square feet for the convenience store (9 parking spaces), and three pump islands (3 parking spaces) for a total of 17 parking spaces required. The site plan depicts 17 parking spaces, one of which to be handicap accessible - seven in front of the building, nine to the south of the pump islands adjacent to Orange Show Road, and one employee parking space near the northeast comer of the site. Landscaoine The Development Code requires that 15% of the site be landscaped. The proposal contains 4,860 square feet of internal landscaping and an additional 5,050 square feet of landscaping in the required setbacks. The total landscaping represents 28 percent of the site. Traffic The Traffic Engineering Division has reviewed the project and found no significant impacts on traffic due to the proposed use. The entrances on Orange Show Road and Waterman Avenue will be limited to right turns only due to their proximity to the intersection. 6. The subject site is physically suitable for the type and density/intensity of use being proposed. The site is physically suitable for the type and density/intensity of the project being proposed as evidenced by project compliance with all applicable Development Code Standards as noted above. 7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. All agencies responsible for reviewing access, and providing water, sanitation and other public services have all had the opportunity to review the proposal, and none have indicated an inability to serve the project. The proposal will not be detrimental to the public health and safety in that all applicable Codes will apply to the construction and operation of this project. Conditional Use Permit. 98-19/General Plan Amendment 98-03& - Development Code Amendment 98-03 Meeting Date: December 22, 1998 Page 7 CONCLUSION The proposal meets all the necessary Findings of Fact for approval of the General Plan Amendment, Development Code Amendment, and Conditional Use Permit. RECOMMENDATION Staff recommends the Planning Commission recommend that the Mayor and Common Council: 1. Approve General Plan Amendment 98-05, Conditional Use Permit No. 98-19 and Development Code Amendment 98-03, based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval (Attachment D) and Standard Requirements (Attachment E). Respectfully Submitted, Y �/' bw µ Michael E. Hays Director of Planning and Building Services Michael Martin Assistant Planner Attachment A Location Map Attachment B Site Plan, Floor Plan,Elevations Attachment C Development Code and General Plan Consistency Table Attachment D Conditions of Approval Attachment E Standard Requirements Attachment F Initial Study—CUP 98-19 &GPA 98-05 Attachment G Initial Study—DCA 98-03 ATTACHMENT A CI AGENDA TY OF SAN BERNARDINO PLANNING ITEM u AND BUILDING SERVICES DEPARTMENT CASE LOCATION HEARING DATE INTO . ` J T � � J I � � IN IIa Sl L d X n0 [ l e MPIOM 1 Ennis t. Sr Orange Show Rd� i 1 I � � O 3 coOL 3T � y ; �ol00L I. � •i� •. . . slNO : rt. � VICTORIA - N /op uRRT /J 1I11ER � Dll I i � yPIVR i �o 01 ALITT LABS PLA Mill PAGE I DF I ATTACHMENT B µ \� A p Fts L 1vMa-W \ bt �� 5•j :„ i� s I I e , : till fi A-i � 0 Fla i i �lti I� Z 1{ ,1 It R W.TCRHAH si YT NU[ • ""'T--- LiGA55TATION/GONVGMCNcm 51TG PLAN ORive T+4FW f- ST_fT01lO _,- —.: .v- �/�4 Nb..b�ib/W� C•M.UOl+�i qhb?!� 'JN� ' Nye Joan., <]OOd is`dr ti it I7uolS T]M17'NIIh`�09!Ki'iViS Sb` ' i 9 . 1 8 ` I , 1 ZAV VdL.b • ^b POy NJ�+G �gndh4J C sv. SN011dh719 —'o L,; NOI 'Ali lu it 3 I I � a I I i i J _ r+s rvo..bs V,l.• b.�OnS 79h'v�C 7� �F I I� pGp� :sv' '1UH� 7nibC ,I --^�NC!�V/�y1� �7bOS ^�71N7M�07/vCI..V15 S'<9 � 4 i F 7 � •f i � � v EE I I , Q _' L', V Conditional Use Permit. 98-191 General Plan Amendment 98-05& Development Code Amendment 98-03 Meeting Date: December 11, 1998 Page 13 ATTACHMENT C DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE PROPOSAL DEVELOPMENT GENERALPLAN CATEGORY CODE Service Station, Convenience Store Permitted subject to with the Off-Site Conditional Use Permit N/A Permitted Use Sale of Alcohol in CG-1 land use and Drive Thru- designation Restaurant Height 1 Story (29 feet) 2 stories or 30 feet 2 stories or 30 feet Setbacks (in CG-1 designation) - Front 34 feet 10 feet Side (Ennis) 35 feet 10 feet Within 25 feet of Side(Orange Show) 32 feet 10 feet sidewalk Rear 27 feet 0 feet Landscaping 9,910 sq.ft. 5,244 sq.ft. N/A Lot Coverage 17.1 percent 50 percent N/A Parking 17 spaces 17 spaces - Standard 16 16 N/A - Handicap 1 1 Conditional Use Permit. 98-191 General Plan Amendment 98-03& Development Code Amendment 98-03 Meeting Date: December 22, 1998 Page 14 ATTACHMENT D CONDITIONS OF APPROVAL Conditional Use Permit No. 98-19 1. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. Phasing of project construction/development shall be as follows: PROJECT: CONDITIONAL USE PERMIT NO. 98-19 EXPIRATION DATE: DECEMBER 22, 2000 2. The review authority may, upon application being filed.30 days prior to the expiration date and for good cause, grant a one-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. 4. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. Conditional Use Permit, 98-19/General Plan Amendment 98-05& Development Code Amendment 98-03 Meeting Date: December 11, 1998 Page 15 ® 5. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy may be issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Department of Public Works prior to the issuance of the Certificate, if necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. 6. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs, off-street parking and off-street loading; and, vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 7. Signs are not approved as a part of this permit. Prior to establishing any new signs, or replacing existing signs, the applicant shall submit an application, and receive approval, for a sign permit from the Planning Department. 8. Alcoholic Beverage Control (ABC) has determined that the issuance of a new off-sale license for beer and wine in the County will create an over-concentration. A determination of the public need and necessity will need to be made by the Mayor and Common Council prior to receiving a new ABC License. 9. The developer is to submit a complete landscape and irrigation plan (5 sets) to the Public Works Department with the required fee for review (Note: issuance of a building permit by the Department of Planning and Building Services does NOT waive this requirement). No grading permit will be issued prior to approval of the landscape and irrigation plans. The landscape and irrigation plans shall comply with the "Procedure and Policy for Landscaping and Irrigation" provided by the Department of Parks and Recreation and included with their standard requirements. 10. Parking lot landscaping shall be subject to the requirements of Development Code Section 19.24 and 19.28, including, but not limited to: addition of new trees installed in new tree wells at a ratio of 1 tree per 4 parking spaces, addition of landscaped islands at the end of parking aisles and upgrades to existing planters incorporating required mix of plant material. Conditional Use Permit. 98-191 General Plan Amendment 98-05& Development Code Amendment 98-03 Meeting Date: December 22, 1998 Page 16 11. The applicant shall install a refuse enclosure as shown on the approved site plan. The enclosure gate location shall be shown on the required improvement plan and conform to City Standard 508. 12. All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public right-of-way. 13. The premises shall be kept in a neat and orderly condition at all times. 14. A bicycle rack shall be installed in a convenient location visible from within the store. 15. On-site public pay phones shall not be set up for incoming call; they shall be featured with call out service only. 16. On-site video games may not be installed or operated on the premises. 17. All parking, loading, circulation aisles, drive-fam aisle and pump island bay areas shall be constructed with (PCC) concrete. 18. Menu boards shall be a maximum of 30 square feet, with a maximum height of 7 feet, and shall face away from the street. 19. No vehicle may be parked on the premises for the purpose of offering same for sale. 20. A six-foot high decorative masonry wall shall be constructed at the time the development requires a permit for the on-site improvements. Materials, textures, colors and design of the wall shall be compatible with on-site development and adjoining properties. When the wall reaches the established front-yard setback line of the residential lot abutting the site, it shall be decreased to a height of 30 inches. 21. Noise from bells or loudspeakers shall not be audible beyond the property line at any time. 22. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Department of Development Services—Public Works Division b. Department of Development Services—Plan Check Division C. Water Department d. Park, Recreation& Community Services Department ATTACHMENT E STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: CUP 98-19 & DESCRIPTION: GAS STATION, CONVENIENCE GPA 98-05 STORE AND DRIVE-THRU RESTAURANT APPLICANT: MJ&S LOCATION: W/S WATERMAN AVENUE N/S MANAGEMENT. INC. ORANGE SHOW ROAD AND S/S ENN/S STREET ♦ NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is responsible for submitting the Engineering plans directly to the Engineering Division. They may be submitted prior to submittal of Building Plans. 1. Drainage and Flood Control a) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. b) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. C) Applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. d) The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. Page 1 of 9Pages 12/4/1998 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION [CASE NO: CUEEE TION: GAS STATION. CONVENIENCE GSTORE AND DRIVE RESTAURANT APPLICANT: MJ TION: W/S WATERMAN AVENUE MANAGE GE SHOW ROAD AND S/S ENNIS STREET 2. Grading and Landscaping a) If more than 1' of fill or 2' of cut is proposed, the site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Development Services- Planning Division prior to issuance of any grading or site development permits. C) If more than 5,000 cubic yards of earthwork is proposed, a grading bond will be required and the grading shall be supervised in accordance with Section 7012(c) of the Uniform Building Code. d) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). e) A refuse enclosure constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. 12/4/1998 Page 2 of 9Pages STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: CUP 98-19 & DESCRIPTION: GAS STATION. CONVENIENCE GPA 98-05 STORE AND DRIVE-THRU RESTAURANT APPLICANT: MJ&S LOCATION: W/S WATERMAN AVENUE NIS MANAGEMENT. INC. ORANGE SHOW ROAD AND S/S ENNIS STREET f) The Refuse Division shall approve the number and placement of refuse enclosures. g) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the On-site Improvement Plan. This work shall be part of the On-site Improvement permit issued by the City Engineer. h) The Gas Station parking lot and circulation area shall be constructed entirely of PCC concrete pavement. i) The Drive-through lane and the parking area adjacent to the building shall be constructed of PCC concrete pavement. j) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design, conduit location and size, and the number and size of conductors. Photometry calculations shall be provided which show that the proposed on-site lighting design will provide 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation and 0.25 foot-candles security lighting during all other hours. k) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to handicap parking and accessibility. 1) A handicap accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6 feet. Page 3 of wages 121411998 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: CUP 98-19 & DESCRIPTION: GAS STATION, CONVENIENCE GPA 98-05 STORE AND DRIVE-THRU RESTAURANT APPLICANT: MJ&S LOCATION: W/S WATERMAN AVENUE NIS MANAGEMENT. INC. ORANGE SHOW ROAD AND S/S ENNIS STREET m) Where the handicap accessible path of travel crosses drive aisles, it shall be delineated by striping or textured/colored concrete pavement. n) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. o) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. P) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The Real Property Section for execution by the property owner and shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount of $200.00 shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. 12/4/1998 Page 4 of Wages STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: CUP 98-19 & DESCRIPTION: GAS STATION, CONVENIENCE GPA 98-05 STORE AND DRIVE-THRU RESTAURANT APPLICANT: MJ&S LOCATION: W/S WATERMAN AVENUE N/S MANAGEMENT. INC. ORANGE SHOW ROAD AND S/S ENNIS STREET 3. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) Each parcel shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. C) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. e) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. f) Utility services shall be placed underground and easements provided as required. g) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets where the street is not being repaved as part of the required improvements. Page 5 of Wages 121411998 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION [CASE NO: CUP 98-19 & DESCRIPTION: GAS STATION, CONVENIENCE GPA 98-05 STORE AND DRIVE-THRU RESTAURANT APPLICANT: MJ&S LOCATION: W/S WATERMAN AVEN 'NIS MANAGEMEN INC. ORANGE SHOW ROAD AND S/S ENNIS STREET T. h) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030. 4. Street Improvement and Dedications a) All public streets within and adjacent to the development shall be improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks and appurtenances, including, but not limited to traffic signals, traffic signal modifications, relocation of public or private facilities which interfere with new construction, striping, shall be accomplished in accordance with the City of San Bernardino "Street Improvement Policy" and City "Standard Drawings", unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures". Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. b) For the streets listed below, dedication of adequate street right-of way (R.W.) to provide the distance from street centerline to property line and placement of the curb line(C.L.) in relation to the street centerline shall be as follows: P Street Name Right of Wav(ft.) Curb Line(ft) treet 30' 20 Page 6 0(9Pages 12/4/1998 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: CUP 98-19 & DESCRIPTION: GAS STATION, CONVENIENCE GPA 98-05 STORE AND DRIVE-THRU RESTAURANT APPLICANT: MJ&S LOCATION: W/S WATERMAN AVENUE N/S MANAGEMENT. INC. ORANGE SHOW ROAD AND S/S ENNIS STREET c) Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer. d) Construct sidewalk adjacent to the site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). e) Construct Handicap Ramps in accordance with City Standard No. 205 at all curb returns within and adjacent to the project site. Dedicate sufficient right-of-way at the corner to accommodate the ramp. f) Construct Driveway Approaches per City Standard No. 204, Type II, including Handicap by-pass. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. g) The curb return at Ennis Street and Waterman Avenue shall be 25 feet h) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2. 5. Required Engineering Permits a) Grading permit (If applicable.). b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. Page 7 of Wages 12/4/1998 STANDARD I_RqGEAA DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC NW,OCROKNS DIVISION N N CASE NO: CUP 98-19 & DESCRIPSTORE AND DRIVE THRU RESTAURANT GPA 98-05 APPLICANT: MJBS LOCATION: W/S WATERMAN AVENUE N/S MANAGEMENT. INC. ORANGE SHOW ROAD AND S/S ENNIS STREET C) Off-site improvements construction permit. 6. Applicable Engineerinta Fees'- a) Plan check and inspection fees for off-site improvements - 4% and 4%, respectively, of the estimated construction cost' of the off-site improvements. b) Plan check and inspection fees for on-site improvements (except buildings - See Development Services-Building Division) - 2% and 3%, respectively, of the estimated construction cost' of the on-site improvements, including landscaping. C) Plan check and inspection fees for grading (If permit required) - Fee Schedule available at the Engineering Division Counter. d) Drainage fee in the approximate amount as follows based on $0.409 per square foot for the first 3,000 square feet of impervious lot area (estimated as 85% of the net lot area), then $0.140 per square foot of remaining impervious lot area or fraction thereof: Impervious Area TOTAL FEE 29,621 SF $4,954 J 1 All Fees are subject to change without notice. 2Estimated Construction Cost for ON-Site Improvements is based on a list of standard unit prices on file with the Public Works Division. 3 Estimated Construction Cost for On-Site improvements is based on a list of standard unit prices on file with the Public Works Division. 12/4/1998 Page 8 of9Pages STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: CUP 98-19 & DESCRIPTION: GAS STATION, CONVENIENCE GPA 98-05 STORE AND DRIVE-THRU RESTAURANT APPLICANT: MJ&S LOCATION: W/S WATERMAN AVENUE N/S MANAGEMENT, INC. ORANGE SHOW ROAD AND S/S ENNIS STREET e) Traffic system fee in the estimated amount of $17,752.88 . Based on 1088 trips per day @ $16.298 per new trip generated by the project. The City Traffic Engineer shall determine exact amount at time of application for Building Permit. f) Sewer Connection fee in the approximate amount as follows based on $231.44 per 3,000 square feet or fraction thereof: Building Area TOTAL FEE 2,800 SF $231.44 g) Sewer inspection fee in the estimated amount as follows based on $19.51 per connection: Number of Connections TOTAL FEE 1 $19.51 h) Street or easement dedication processing fees in the amount of 2$ 00.00 per document. 12/4/1998 Page 9 of Wages CITY OF SAN BERNARDINO DEVELOPMENT SERVICES PLAN CHECK DIVISION COMMERCIAL & INDUSTRIAL BUILDINGS PLAN SUBMITTAL CHECKLIST The following is a list of items required by the City of San Bernardino for commercial & industrial projects: CUP #98-19 1194 S. Waterman Ave BUILDING PERMIT ISSUANCE: 1. Site plan with all standard conditions, Development Plan, or C.U.P. approvals. 2. Grading plan signed and grading permit issued by City Engineer. Plan must have the address (assigned by Engineering). Nate: The grading permit requires a separate application submitted to Public Works/City Engineering. 3. Landscape drawings approved by Public Works/Engineering. Note: Landscape plans require a separate submittal to Public Works/City Engineering. 4. Fire Department approvals for all on-site improvements. Fire sprinkler plans must be submitted directly to the Fire Dept. for plan check, approval, & permit. Contact the Fire Marshals Office at 909-384-5388. 5. Title to property if permit is issued as Owner/Builder. A list of all sub- contractors must be submitted to the City Clerk's office. 6. All Contractors must have a current State License and a City Business Registration at time of permit issuance. The Contractor must furnish the information on the workers' compensation carrier& policy number at the time of permit issuance. The City does not keep certificates on file. 7. A receipt from the applicable school district. San Bernardino Unified is located at 777 N. F St. phone 909-381-1238. 8. Sewer capacity fee receipt from the City of San Bernardino Water Department located on the 5fh floor. Contact Neil Thompson/909-384-5093. 9. Additional Impact fees will be assessed by Public Works or resolution/ordinance and payable on the building permit for: a. Sewer connection b. Storm drain c. Traffic system d. Verdemont Infrastructure (if applicable) e. Cultural development fees I. State of California strong motion fee (0.00021 x valuation) g. Planning Department zoning verification 10. Certain Occupancy classifications (i.e. Restaurants, Service Stations, Factories, etc.) may require additional clearances and approvals from other agencies: (list is not all inclusive) a. County Health Department 909-387-3043 b. South Coast Air Quality Management District 909-396-2000 C. Water Reclamation 909-384-5141 11. If project requires a Parcel Map, it must include: a. The assessors parcel number for each developed lot and the required setbacks. b. Address & sequence list for multi-tenant projects PLAN CHECK SUBMITTAL: a. 4 complete sets of plans, drawn to scale (minimum 18" x 2411) (5 sets are required for expeditious review) b. 2 sets energy calculations C. 2 sets signed/stamped engineering d. 2 sets of signed/stamped truss calculations e. 1 copy of soils report f. 2 copies of reports/approvals of any specialty equipment g. 4 copies of C.U.P.,DPI,& DPII conditions of approval h. A signed Air Quality Permit Checklist (required by AQMD.) NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 5-6 WEEKS FOR 1sT CORRECTIONS. EXPEDITIOUS REVIEW IS 10-15 WORKING DAYS. AP -2J - %5 SAN BERNARDINO hIUNICIPAL WATER DEPARTMEN 1' STANDARD REQUIREMENTS Cam/!° �• 98-/9 / ��A/ 4;e /lp C.pgt¢Compiled: Review of Plans: G/•s�.rdfPfYC- Owner/Developer: a J ✓CALL�"'a.96 Compiled By: Type of Project: F LCE- A �[%C" er Of Umts: / Location: �LAIEie of Y �E= �� Z WATER cDARTNIENT ENGINEERING' 4-0 _ otione: - 44YzV SV7Fax6W1-VS�^65aZ ContacC {K - — Note: All Water Services are Subject to the Rules& Regulations of the Water Department. ^Size of Main Adjacent the Projecty �u�f�Q / Approximate Water Pressure:/' .t Elevation of Water Storage:Lz=L— Hydrant Flow® 20 psi: Type, Size, Location, and Distance to Nearest Fire Hydrant: 4A e—jp' P F / ->' - � - I� .ri — / •= - K.t//Y v+_I,LS'T� it iz ❑ Pressure Regulator Required on Customer's Side on the Meter. ❑ Area Not Served by San Bernardino Municipal Water Department. r TER QUALITY/CQ�aROL: / Contact: = M �7fi� Dr Phone: - S`� ax: -YR.P.P. Backflow Device Required at Service Connection. X.Double Check Backflow Device Required at Service Connection. • BRckflow Device to be Inspected Before Water Service can be Activated. • No Backflow Device Required at This Time. LNVIR ,TAI CONTHQUIND STRIALWAM-1 Contact ol/ C Phone; J Qi`3 Fax: Note: No Brine Regenerative Water Softeners May be Installed, Unless Holding and Hauling is Provided for the Brine. All Interceptors will be a 1200 Gallon Capacity with a Sample Box Included. 2 atrial Waste Pemlt Required. Interceptor Required. �10,1ptor Required. ❑ No Issues at this Time. o pre-treatment Required. SEWER CAPACITY INF'ORMATION: / Contact: �!�/G a Phone: - 5CQ-- Fax: Note: Proof of Payment Must be Subnitted to the Building&Safety Department Prior to Issuance of the Building Permit. 0 No Sewer Capacity Fee Applicable at This Time. ewer Capacity Fee Must Be Paid to the Water Department for aOg Gallons Per Day, Equivalent Dwelling Units: .7!; .,ubject to Recalculation of Fee Prior to the Issuance of Building Permit. Breakdown of Estimuded Gallons Per Day: v s'Ir - 131v7 '>C x P I �7 d�8 CITY OF SAN BERNARDINO PARRS, RECREATION & COMMUNITY SERVICES DEPARTMENT STANDARD REQUIREMENTS rI Case 1� Up I Y — � GI Date oz - ; I qC4 1' Reviewed By: l;' ' GENERAL REQUIREMENTS: ] Commercial Industrial and Multi-Unit ] Assessment District Residential [ 7 Purpose, Guidelines and submittal procedure Irrigation and Landscaping Plans. [ 7 Contact the City Of San Bernardino Parks,Recreation and Community Services Department at (909) 384-5217 or 384-5314 for specific detailed requirements. SPECIFIC REQUIREMENTS: [�(] Maintenance of landscape areas �] Planter Areas [ ] Interior Planter Areas [k 7 Irrigation System, D�] setback Arens [ ] Slope Areas 7 Ground Cover and Bedding Material [ Erosion Control [ ] Need Control PLANT MATERIALS [�(] Plant list and climatic conditions ] Street Trees [ Plant Material Size Requirements and Ration INSPECTION AND OTHER REQUIREMENTS [ Irrigation System [�(7 Landscaping [ ] Rardscape Items [�(7 Street tree Specifications Arborist Report [ ] Removal or destruction of trees [ ] Screening Requirement (City, Dev.Code) Note: The applicant must request, in Writing, any changes to the Parke, Recreation and Community Services requirements. Additional information a4v ) om ir i 61 vu I . U i 4J Yn2 MS:jj ATTACHMENT F CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. Project Title: General Plan Amendment 98-05, Conditional Use Permit 98-19 Lead Agency Name: City of San Bernardino Address: 300 North D Street San Bernardino, California 92418 Contact Person: Michael Martin, Assistant Planner Phone Number: (909) 384-5057 Project Location: 1194 S. Waterman Avenue; at the northwest comer of Waterman Avenue and Orange Show Road Project Sponsor: MJ&S Management Inc. Address: 4009 N. Sierra Way San Bernardino, California 92405 General Plan Designation: OIP, Office Industrial Park Description of Project: General Plan Amendment is a request to change the land use designation of 0.8 acres from OIP, Office Industrial Park, to CG-1, General Commercial (Assessor Parcel Number 0136-431-21). Conditional Use Permit 98-19 is a request to permit the construction a 2,780 square foot building and 320 square foot canopy for use as a service station, convenience store with the off-site sale of beer and wine, and drive-thm restaurant. The project will include 17 parking spaces and landscaping on all sides. Access to the site will be available from Orange Show Road, Waterman Avenue and Ennis Street. The quick service restaurant will utilize 450 square feet of the building and include a drive-thm lane with stacking for a minimum of six cars. The service station will include three service islands with a total of six fuel dispensers. Surrounding Land Uses and Setting: The site is comprised of 0.8 acres of vacant undeveloped land on the northwest comer of Waterman Avenue and Orange Show Road with the northern boundary of the property fronting on Ennis Street. The site is flat with limited vegetation. Adjacent to the site to the west are single family residences in the IL, Industrial Light, land use designation. Across Waterman Avenue to the east is an auto sales IS-1 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY facility in the OIP land use designation. To the north and south are vacant properties also in the OIP land use designation. Other agencies whose approval is required: San Bernardino County Department of Environmental Health IS-2 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ Transportation/Circulation ❑ Public Services ❑ Population and Housing ❑ Biological Resources ❑ Utilities and Service Systems ❑ Geological ❑ Energy and Mineral Resources ❑ Aesthetics ❑ Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance Determination. On the basis of this Initial Study, the City of San Bernardino, Environmental Review Committee finds: That the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. That although the proposed project could have a significant effect on the environment, there will not be ❑ a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. That the proposed project MAY have a significant effect on the environment, and an ❑ ENVIRONMENTAL IMPACT REPORT is required. That although the proposed project could have a significant effect on the environment, there WILL ❑ NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. A�� /% l � 3 S� Signature Date Michael Martin Printed Name IS-3 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY v Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. LAND USE AND PLANNING. Will the proposal result in: a) A conflict with the land use as ❑ ❑ ■ ❑ designated based on the review of the General Plan Land Use Plan/Zoning Districts Map? b) Development within an Airport District ❑ ❑ ❑ ■ as identified in the Air Installation Compatible Use Zone (AICUZ) Report and the Land Use Zoning District Map? C) Development within Foothill Fire ❑ ❑ ❑ ■ Zones A & B, or C as identified on the Land Use Districts Zoning Map? d) Other? ❑ ❑ ❑ ❑ II. POPULATION AND HOUSING. Will the proposal: a) Remove existing housing (including ❑ ❑ ❑ ■ affordable housing) as verified by a site survey/evaluation? b) Create a significant demand for Cl ❑ ❑ ■ additional housing based on the proposed use and evaluation of project size? C) Induce substantial growth in an area ❑ ❑ ❑ ■ either directly or indirectly (e.g., through projects in an undeveloped area or an extension of major infrastructure)? IS-4 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact III. EARTH RESOURCES: Will the proposal result in: a) Earth movement (cut and/or fill) on ❑ ❑ ❑ ■ slopes of 15% or more based on information contained in the Preliminary Project Description Form No. D? b) Development and/or grading on a slope ❑ ❑ ❑ ■ greater than 15% natural grade based on review of General Plan HMOD map? C) Erosion, dust or unstable soil ❑ ❑ ❑ conditions from excavation, grading or fill? d) Development within the Alquist-Priolo ❑ ❑ ❑ Special Studies Zone as defined in Section 12.0-Geologic & Seismic, Figure 47, of the City's General Plan? e) Modification of any unique geologic or ❑ ❑ ❑ physical feature based on field review? f) Development within areas defined as ❑ ❑ ❑ N having high potential for water or wind erosion as identified in Section 12.0- Geologic & Seismic, Figure 53, of the City's General Plan? g) Modification of a channel, creek or ❑ ❑ ❑ river based on a field review or review of USGS Topographic Map San Bernardino South Quadrangle? IS-5 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact h) Development within an area subject to ❑ ❑ ❑ ■ landslides, mudslides, subsidence or other similar hazards as identified in Section 12.0-Geologic & Seismic, Figures 48, 51, 52 and 53 of the City's General Plan? i) Development within an area subject to ❑ ❑ ■ ❑ liquefaction as shown in Section 12.0- Geologic & Seismic, Figure 48, of the City's General Plan? j) Other? ❑ ❑ ❑ ❑ IV. WATER. Will the proposal result in: a) Changes in absorption rates, drainage ❑ ❑ ❑ ■ patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by Public Works Standard Requirements to contain and convey runoff to approved storm drain based on review of the proposed site plan? b) Significant alteration in the course or ❑ ❑ ❑ ■ flow of flood waters based on consultation with Public Works staff? C) Discharge into surface waters or any ❑ ❑ ❑ ■ alteration of surface water quality based on requirements of Public Works to have runoff directed to approved storm drains? d) Changes in the quantity or quality of ❑ ❑ ❑ ■ ground water? IS-6 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Exposure of people or property to ❑ ❑ ■ ❑ flood hazards as identified in the Federal Emergency Management Agency's Flood Insurance Rate Map, Community Panel Number 06071C8684F, and Section 16.0- Flooding, Figure 62, of the City's General Plan? f) Other? ❑ ❑ ❑ ❑ V. AIR QUALITY. Will the proposal: a) Violate any air quality standard or ❑ ❑ ❑ ■ contribute to an existing or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook"? b) Expose sensitive receptors to ❑ ❑ ❑ ■ pollutants? C) Alter air movement, moisture, or ❑ ❑ ❑ ■ temperature, or cause any change in climate? d) Create objectionable odors based on ❑ ❑ ❑ ■ information contained in the Preliminary Environmental Description Form? VI. TRANSPORTATION/CIRCULATION. Could the proposal result in: a) A significant increase in traffic ❑ ❑ ■ ❑ volumes on the roadways or intersections or an increase that is significantly greater than the land use designated on the General Plan? b) Alteration of present patterns of ❑ ❑ ❑ ■ circulation? IS-7 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact C) A disjointed pattern of roadway ❑ ❑ ❑ improvements? d) Impact to rail or air traffic? ❑ ❑ ❑ e) Insufficient parking capacity on-site or ❑ ❑ ❑ off-site based on the requirements in Chapter 19.24 of the Development Code? f) Increased safety hazards to vehicles, ❑ ❑ ❑ bicyclists or pedestrians? g) Conflict with adopted policies ❑ ❑ ❑ N supporting alternative transportation? h) Inadequate emergency access or access ❑ ❑ ❑ to nearby uses? i) Other? ❑ ❑ ❑ ❑ VII. BIOLOGICAL RESOURCES. Could the proposal result in: a) Development within the Biological ❑ ❑ ❑ 0 Resources Management Overlay, as identified in Section 10.0-Natural Resources, Figure 41, of the City's General Plan? b) Impacts to endangered, threatened or ❑ ❑ ❑ rare species or their habitat (including, but not limited to, plants, mammals, fish, insects and birds)? C) Impacts to the wildlife disbursal or ❑ ❑ ❑ migration corridors? d) Impacts to wetland habitat (e.g., ❑ ❑ ❑ marsh, riparian and vernal pool)? IS-8 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Removal of viable, mature trees based ❑ El ❑ on information contained in the Preliminary Environmental Description Form and verified by site survey/evaluation (6" or greater trunk diameter at 4' above the ground)? f) Other? ❑ ❑ ❑ ❑ VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy ❑ ❑ ❑ conservation plans? b) Use non-renewable resources in a ❑ ❑ INE] wasteful and inefficient manner? C) Result in the loss of availability of a ❑ ❑ known mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Will the proposal: a) Use, store, transport or dispose of ❑ ❑ hazardous or toxic materials based on information contained in the Preliminary Environmental Description Form, No. G(I) and G(2) (including, but not limited to, oil, pesticides, chemicals or radiation)? b) Involve the release of hazardous ❑ ❑ ❑ substances? C) Expose people to the potential ❑ ❑ ❑ health/safety hazards? d) Other? ❑ ❑ ❑ IS-9 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X. NOISE. Could the proposal result in: a) Development of housing, health care ❑ ❑ ❑ N facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in Section 14.0- Noise, Figures 57 and 58 of the City's General Plan? b) Development of new or expansion of ❑ ❑ ❑ existing industrial, commercial or other uses which generate noise levels above an Ldn of 65 dB(A) exterior or an Ldn of 45 dB(A) interior that may affect areas containing housing, schools, health care facilities or other sensitive uses based on information in the Preliminary Environmental Description Form No. G(1) and evaluation of surrounding land uses No. C, and verified by site survey/evaluation? C) Other? ❑ ❑ ❑ ❑ XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ❑ ❑ ❑ b) Medical Aid? ❑ ❑ ❑ C) Police protection? ❑ ❑ ❑ d) Schools? ❑ ❑ ❑ e) Parks or other recreational facilities? ❑ ❑ ❑ IS-10 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Ef) Solid waste disposal? ❑ ❑ ❑ g) Maintenance of public facilities, ❑ ❑ ❑ including roads? h) Other governmental services? ❑ ❑ ❑ XIL UTILITIES: Will the proposal, based on the responses of the responsible Agencies, Departments, or Utility Company, impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? Pd) Natural gas? ❑ ❑ ❑ Electricity? ❑ ❑ ❑ C) Communications systems? ❑ ❑ ❑ Water distribution? ❑ ❑ ❑ e) Water treatment or sewer? ❑ 13 13 f) Storm water drainage? ❑ ❑ ❑ 0 g) Result in a disjointed pattern of utility ❑ ❑ ❑ N extensions based on review of existing patterns and proposed extensions? h) Other? ❑ ❑ ❑ ❑ XHL AESTHETICS. a) Could the proposal result in the ❑ ❑ ❑ obstruction of any significant or important scenic view based on evaluation of the view shed verified by site survey/evaluation? IS-11 10/14/98 CITY OF SAN BERNARDINO /^• PLANNING AND BUILDING SERVICES f INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Fh Will the visual impact of the project ❑ ❑ ❑ reate aesthetically offensive changes in e existing visual setting based on a site survey and evaluation of the proposed elevations? Create significant light or glare that ❑ ❑ ❑ 0 could impact sensitive receptors? d) Other? ❑ ❑ ❑ ❑ XIV. CULTURAL RESOURCES. Could the proposal result in: a) Development in a sensitive ❑ ❑ ❑ 0 archaeological area as identified in Section 3.0-Historical, Figure 8, of the City's General Plan? b) The alteration or destruction of a ❑ ❑ ❑ prehistoric or historic archaeological site by development within an archaeological sensitive area as identified in Section 3.0-Historical, Figure 8, of the City's General Plan? C) Alteration or destruction of a historical ❑ ❑ ❑ site, structure or object as listed in the City's Historic Resources Reconnaissance Survey? d) Other? ❑ ❑ ❑ ❑ XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood ❑ ❑ ❑ or regional parks or other recreational facilities? b) Affect existing recreatiottal ❑ ❑ ❑ opportunities? IS-12 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to ❑ ❑ ❑ degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to ❑ ❑ ❑ achieve short-term, to the disadvantage of long-term, environmental goals? C) Does the project have impacts that are ❑ El ❑ individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental ❑ ❑ ❑ 0 effects which will cause substantial adverse effects on human beings, either directly or indirectly? IS-13 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY REFERENCES. The following references cited in the Initial Study are on file in the Planning and Building Services Department/Public Works Department. 1. City of San Bernardino General Plan. 2. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map. 3. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code). 4. City of San Bernardino Historic Resources Reconnaissance Survey. 5. Alquist-Priolo Earthquake Fault Zones Map. 6. South Coast Air Quality Management District, CEQA Air Quality Handbook. 7. Federal Emergency Management Agency, Flood Insurance Rate Maps. 8. Public Works Standard Requirements - water. 9. Public Works Standard Requirements - grading. DISCUSSION OF SPECIFIED CHECKLIST RESPONSES La. The project proposes to change the General Plan land use designation from OIP, Office Industrial Park, to CG-1, General Commercial in order to allow the convenience store, service station and drive thru-restaurant. The loss of properties zoned OIP is considered minor due to the large number of vacant lots with that land use designation still available nearby. Staff's review of the proposal indicates that any potential land use impact will be less than significant. 3.c. The proposal may result in dust and erosion temporarily during grading and construction of the site. These impacts are less than significant and will be mitigated by proper grading and erosion controls as outlined in Municipal Code Chapter 15 and the City of San Bernardino Department of Public Work Grading Policy and Procedures. 3.i. The project is located within an area identified by the General Plan as having high liquefaction susceptibility. Proposed development in areas of liquefaction susceptibility are subject to the requirements of MC-676 for submission of liquefaction studies with appropriate mitigation prior to the issuance of building permits. Potential impact are not significant. 4.e. The site is located within a Zone X (shaded), area of 500-year flood, as identified by the FEMA Flood Rate Insurance Map. Impacts will be less than significant by requiring that development of the project comply with Public Works standard requirements including, but not limited to, elevation, compaction, erosion protection of building pads and flood proofing utilities. 6.a. The project will create additional vehicular trips to the subject property. The City's traffic engineer has reviewed the project and determined that the additional trips are not sufficient to cause a significant impact on the adjacent street system and that total traffic volume will be less than the street design capacity. 9. Auto related uses generally involve the use, storage and sale of such toxic materials as POL's, IS-14 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY lubricants, degreasers, solvents and other like compounds. These types of materials are classified as hazardous materials under State law and require special permitting by the San Bernardino County Department of Environmental Health Services (DEHS). The applicant will be required to prepare a Hazardous Materials Disposal 'Business Plan" to assure that emergency services personnel and employees are able to respond effectively should an accidental spill or an emergency related to hazardous materials occur on the site. A copy of the Business Plan must be maintained on the site and copies must be submitted to the Fire Department and the DEHS. Adherence with these requirements will mitigate impacts to below a level of significance. 11. The project will have a minor impact on municipal services including fire, medical aid, police, solid waste, and the maintenance of public roads. These impacts are not considered significant, and will be offset by the payment of required impact fees. IS-15 10/14/98 ATTACHMENT G CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. Project Title: Development Code Amendment 98-03 Lead Agency Name: City of San Bernardino Address: 300 North D Street San Bernardino, California 92418 Contact Person: Michael Martin, Assistant Planner Phone Number: (909) 384-5057 Project Location: Citywide Project Sponsor: MJ&S Management Inc. Address: 4009 N. Sierra Way San Bernardino, California 92405 General Plan Designation: Citywide Description of Project: Development Code Amendment 98-03 is a request to delete a provision in the Commercial District section of the Development Code prohibiting an establishment from obtaining an Alcohol Beverage Control License if the establishment is located within 100 feet of a property used for residential purposes. Development Code Section 19.06.030(2)(B)(1) would be amended to read: "Establishments subject to an off-site "ABC" license shall not be located within 500 feet of any religious institution, school, or public park within the City; 100 feet of any property designated for residential use eF used for fesidp -••—° , and shall not be located in such close proximity to another similar use to cause oversaturation of the neighborhood. The license application shall be reviewed by the Police Department prior to City approval." Surrounding Land Uses and Setting: Citywide Other agencies whose approval is required: None IS-1 10/14/98 CITY OF SAN' BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ Transportation/Circulation ❑ Public Services ❑ Population and Housing ❑ Biological Resources ❑ Utilities and Service Systems ❑ Geological ❑ Energy and Mineral Resources ❑ Aesthetics ❑ Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance Determination. On the basis of this Initial Study, the City of San Bernardino, Environmental Review Committee finds: That the proposed project COULD NOT have a significant effect on the environment, and a ■ NEGATIVE DECLARATION will be prepared. That although the proposed project could have a significant effect on the environment, there will not be ❑ a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. That the proposed project MAY have a significant effect on the environment, and an ❑ ENVIRONMENTAL IMPACT REPORT is required. That although the proposed project could have a significant effect on the environment, there WILL ❑ NOT be a significant effect in this case because all potentially significant effects (a)have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I Z 43 Signature' Date Michael Martin Printed Name IS-2 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. LAND USE=ANDPLANNING. proposal result in: a) A conflict with the land use as ❑ ❑ ❑ designated based on the review of the General Plan Land Use Plan/Zoning Districts Map? b) Development within an Airport District ❑ ❑ ❑ 0 as identified in the Air Installation Compatible Use Zone (AICUZ) Report and the Land Use Zoning District Map? C) Development within Foothill Fire ❑ ❑ ❑ Zones A & B, or C as identified on the Land Use Districts Zoning Map? d) Other? ❑ ❑ ❑ ❑ II. POPULATION AND HOUSING. Will the proposal: a) Remove existing housing (including ❑ ❑ ❑ N affordable housing) as verified by a site survey/evaluation? b) Create a significant demand for ❑ ❑ ❑ 0 additional housing based on the proposed use and evaluation of project size? C) Induce substantial growth in an area ❑ ❑ ❑ either directly or indirectly (e.g., through projects in an undeveloped area or an extension of major infrastructure)? IS-3 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact III. EARTH RESOURCES: Will the proposal result in: a) Earth movement (cut and/or fill) on ❑ ❑ ❑ ■ slopes of 15% or more based on information contained in the Preliminary Project Description Form No. D? b) Development and/or grading on a slope ❑ ❑ ❑ ■ greater than 15% natural grade based on review of General Plan HMOD map? C) Erosion, dust or unstable soil ❑ ❑ ❑ ■ conditions from excavation, grading or fill? d) Development within the Alquist-Priolo ❑ ❑ ❑ ■ Special Studies Zone as defined in Section 12.0-Geologic & Seismic, Figure 47, of the City's General Plan? e) Modification of any unique geologic or ❑ ❑ ❑ ■ physical feature based on field review? f) Development within areas defined as ❑ ❑ ❑ ■ having high potential for water or wind erosion as identified in Section 12.0- Geologic & Seismic, Figure 53, of the City's General Plan? g) Modification of a channel, creek or ❑ ❑ ❑ ■ river based on a field review or review of USGS Topographic Map (Citywide)? IS-4 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact h) Development within an area subject to ❑ ❑ ❑ landslides, mudslides, subsidence or other similar hazards as identified in Section 12.0-Geologic & Seismic, Figures 48, 51, 52 and 53 of the City's General Plan? i) Development within an area subject to ❑ ❑ ❑ liquefaction as shown in Section 12.0- Geologic & Seismic, Figure 48, of the City's General Plan? j) Other? ❑ ❑ ❑ ❑ IV. WATER. Will the proposal result in: a) Changes in absorption rates, drainage ❑ ❑ ❑ patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by Public Works Standard Requirements to contain and convey runoff to approved storm drain based on review of the proposed site plan? b) Significant alteration in the course or ❑ ❑ ❑ flow of flood waters based on consultation with Public Works staff? C) Discharge into surface waters or any ❑ ❑ ❑ alteration of surface water quality based on requirements of Public Works to have runoff directed to approved storm drains? d) Changes in the quantity or quality of ❑ ❑ ❑ ground water? IS-5 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Exposure of people or property to ❑ ❑ ❑ flood hazards as identified in the Federal Emergency Management Agency's Flood Insurance Rate Map, Community Panel Number (Citywide), and Section 16.0-Flooding, Figure 62, of the City's General Plan? f) Other? ❑ ❑ ❑ ❑ V. AIR QUALITY. Will the proposal: a) Violate any air quality standard or ❑ ❑ ❑ contribute to an existing or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook"? b) Expose sensitive receptors to ❑ ❑ ❑ pollutants? C) Alter air movement, moisture, or ❑ ❑ ❑ temperature, or cause any change in climate? d) Create objectionable odors based on ❑ ❑ ❑ information contained in the Preliminary Environmental Description Form? VI. TRANSPORTATION/CIRCULATION. Could the proposal result in: a) A significant increase in traffic ❑ ❑ ❑ volumes on the roadways or intersections or an increase that is significantly greater than the land use designated on the General Plan? b) Alteration of present patterns of ❑ ❑ ❑ circulation? IS-6 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact C) A disjointed pattern of roadway ❑ ❑ ❑ 0 improvements? d) Impact to rail or air traffic? ❑ ❑ ❑ e) Insufficient parking capacity on-site or ❑ ❑ ❑ off-site based on the requirements in Chapter 19.24 of the Development Code? f) Increased safety hazards to vehicles, ❑ ❑ ❑ 0 bicyclists or pedestrians? g) Conflict with adopted policies ❑ ❑ ❑ supporting alternative transportation? h) Inadequate emergency access or access ❑ ❑ ❑ to nearby uses? i) Other? ❑ ❑ ❑ ❑ VII. BIOLOGICAL RESOURCES. Could the proposal result in: a) Development within the Biological ❑ ❑ ❑ Resources Management Overlay, as identified in Section 10.0-Natural Resources, Figure 41, of the City's General Plan? b) Impacts to endangered, threatened or ❑ ❑ ❑ 01 rare species or their habitat (including, but not limited to, plants, mammals, fish, insects and birds)? C) Impacts to the wildlife disbursal or ❑ ❑ ❑ migration corridors? d) Impacts to wetland habitat (e.g., ❑ ❑ ❑ marsh, riparian and vernal pool)? IS-7 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Removal of viable, mature trees based ❑ ❑ ❑ ■ on information contained in the Preliminary Environmental Description Form and verified by site survey/evaluation (6" or greater trunk diameter at 4' above the ground)? f) Other? ❑ ❑ ❑ ❑ VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy ❑ ❑ ❑ ■ conservation plans? b) Use non-renewable resources in a ❑ ❑ ❑ ■ wasteful and inefficient manner? C) Result in the loss of availability of a ❑ ❑ ❑ ■ known mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Will the proposal: a) Use, store, transport or dispose of ❑ ❑ ❑ ■ hazardous or toxic materials based on information contained in the Preliminary Environmental Description Form, No. G(1) and G(2) (including, but not limited to, oil, pesticides, chemicals or radiation)? b) Involve the release of hazardous ❑ ❑ ❑ ■ substances? C) Expose people to the potential ❑ ❑ ❑ ■ health/safety hazards? d) Other? ❑ ❑ ❑ ❑ IS-8 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X. NOISE. Could the proposal result in: a) Development of housing, health care ❑ ❑ ❑ N facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in Section 14.0- Noise, Figures 57 and 58 of the City's General Plan? b) Development of new or expansion of ❑ ❑ ❑ existing industrial, commercial or other uses which generate noise levels above an Ldn of 65 dB(A) exterior or an Ldn of 45 dB(A) interior that may affect areas containing housing, schools, health care facilities or other sensitive uses based on information in the Preliminary Environmental Description Form No. G(1) and evaluation of surrounding land uses No. C, and verified by site survey/evaluation? C) Other? ❑ ❑ ❑ ❑ XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ❑ ❑ ❑ b) Medical Aid? qEj ❑ C) Police protection? ❑ El d) Schools? El e) Parks or other recreational facilities? ❑ El IS-9 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) Solid waste disposal? ❑ ❑ ❑ g) Maintenance of public facilities, ❑ ❑ ❑ including roads? h) Other governmental services? ❑ ❑ ❑ XII. UTILITIES: Will the proposal, based on the responses of the responsible Agencies, Departments, or Utility Company, impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? a) Natural gas? ❑ ❑ ❑ b) Electricity? ❑ ❑ ❑ 0 C) Communications systems? ❑ ❑ ❑ E d) Water distribution? ❑ ❑ ❑ e) Water treatment or sewer? ❑ ❑ ❑ f) Storm water drainage? ❑ ❑ ❑ g) Result in a disjointed pattern of utility ❑ ❑ ❑ 0 extensions based on review of existing patterns and proposed extensions? h) Other? ❑ ❑ ❑ ❑ XIIL AESTHETICS. a) Could the proposal result in the ❑ ❑ ❑ obstruction of any significant or important scenic view based on evaluation of the view shed verified by site survey/evaluation? IS-10 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Will the visual impact of the project ❑ ❑ ❑ ■ create aesthetically offensive changes in the existing visual setting based on a site survey and evaluation of the proposed elevations? C) Create significant light or glare that ❑ ❑ ❑ ■ could impact sensitive receptors? d) Other? ❑ ❑ ❑ ❑ XIV. CULTURAL RESOURCES. Could the proposal result in: a) Development in a sensitive ❑ ❑ ❑ ■ archaeological area as identified in Section 3.0-Historical, Figure 8, of the City's General Plan? b) The alteration or destruction of a ❑ ❑ ❑ ■ prehistoric or historic archaeological site by development within an archaeological sensitive area as identified in Section 3.0-Historical, Figure 8, of the City's General Plan? C) Alteration or destruction of a historical ❑ ❑ ❑ ■ site, structure or object as listed in the City's Historic Resources Reconnaissance Survey? d) Other? ❑ ❑ ❑ ❑ XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood ❑ ❑ ❑ ■ or regional parks or other recreational facilities? b) Affect existing recreational ❑ ❑ ❑ ■ opportunities? IS-11 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVL MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to ❑ ❑ ❑ degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to ❑ ❑ ❑ achieve short-term, to the disadvantage of long-term, environmental goals? C) Does the project have impacts that are ❑ ❑ ❑ individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental ❑ ❑ ❑ effects which will cause substantial adverse effects on human beings, either directly or indirectly? IS-12 10/14/98 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY REFERENCES. The following references cited in the Initial Study are on file in the Planning and Building Services Department/Public Works Department. 1. City of San Bernardino General Plan. 2. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map. 3. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code). 4. City of San Bernardino Historic Resources Reconnaissance Survey. 5. Alquist-Priolo Earthquake Fault Zones Map. 6. South Coast Air Quality Management District, CEQA Air Quality Handbook. 7. Federal Emergency Management Agency, Flood Insurance Rate Maps. 8. Public Works Standard Requirements - water. 9. Public Works Standard Requirements - grading. DISCUSSION OF SPECIFIED CHECKLIST RESPONSES La. The deletion of language prohibiting off-site alcohol sales from properties within 100 feet of residentially used (but not residentially zoned) property may result in conflicts between properties used for residential purposes and commercial establishments selling alcohol. Examples of such conflicts include loitering, littering and noise. These conflicts are generally caused by poor management and lack of security at establishments selling alcohol. The City's Development Code requires a commercial establishment to obtain a Conditional Use Permit in order to sell alcohol. This allows the City to place conditions and restrictions on the commercial operation designed to eliminate and/or minimize conflicts with property used for residential purposes. The Conditional Use Permit process also gives the City the ability to deny an application for the off-site sale of alcohol if the proposed project is not compatible with surrounding uses and adverse impacts cannot be eliminated. Staffs review of the proposal indicates that any potential land use impact will be less than significant. 11c. If conflicts such as those discussed above occur, there would be an impact on police services. These impacts are not considered significant, and can be offset by conditions and restrictions placed on Conditional Use Permits for the sale of alcohol for projects adjacent to property used for residential purposes. IS-13 10/14/98 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 98-05 TO THE GENERAL PLAN OF THE CITY OF SAN 3 BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION 4 FROM OIP, OFFICE INDUSTRIAL PARK, TO CG-1, COMMERCIAL GENERAL, FOR 0.8 ACRES AT THE NORTHWEST CORNER OF THE INTERSECTION OF 5 WATERMAN AVENUE AND ORANGE SHOW ROAD. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. Recitals 9 (a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the 10 Mayor and Common Council by Resolution No. 89-159 on June 2, 1989. 11 12 (b) WHEREAS, General Plan Amendment No. 98-05 to the General Plan of the City of 13 San Bernardino was considered by the Planning Commission on December 22, 1998, after a 14 noticed public hearing, and the Planning Commission's recommendation of approval has been 15 considered by the Mayor and Common Council. 16 (c) WHEREAS, an Initial Study was prepared on October 22, 1998 and reviewed by 17 18 the Environmental Review Committee and the Planning Commission who both determined that 19 General Plan Amendment No. 98-05 would not have a significant effect on the environment 20 and therefore, recommend that a Negative Declaration be adopted. 21 (d) WHEREAS, the proposed Negative Declaration received a 21-day public review 22 period from November 5, 1998 through November 24, 1998 and all comments relative thereto 23 24 have been reviewed by the Planning Commission and the Mayor and Common Council in 25 compliance with the California Environmental Quality Act (CEQA) and local regulations. 26 (e) WHEREAS, the Planning Commission conducted a noticed public hearing on 27 December 22, 1998 in order to receive public testimony and written and oral comments on 28 1 1 General Plan Amendment No. 98-05 (a proposal to change the General Plan Land Use 2 Designation from OIP, Office Industrial Park, to CG-1, Commercial General, for 0.8 acres 3 located at the northwest corner of Waterman Avenue and Orange Show Road, identified as 4 5 1194 S. Waterman Avenue) and fully reviewed and considered the Planning Division staff 6 report and the recommendation of the Environmental Review Committee. 7 (f) WHEREAS, the Mayor and Common Council held a noticed public hearing and 8 fully reviewed and considered proposed General Plan Amendment No. 98-05 and the Planning 9 - Commission and Environmental Review Committee recommendations and Planning Division 10 11 Staff Report on January 25, 1999. 12 (g) WHEREAS, the adoption of General Plan Amendment No. 98-05 is deemed in the 13 interest of the orderly development of the City and is consistent with the goals, objectives and 14 policies of the existing General Plan. 15 SECTION 2. Negative Declaration 16 17 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the 18 Mayor and Common Council that the proposed amendment to the General Plan of the City of 19 San Bernardino will have no significant effect on the environment, and the Negative 20 Declaration heretofore prepared by the Environmental Review Committee as to the effect of 21 this proposed amendment is hereby ratified, affirmed and adopted. 22 23 SECTION 3. Findings 24 BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San 25 Bernardino that: 26 27 28 2 1 A. The proposed amendment is internally consistent with the General Plan in that it meets 2 Objective 1.19 which provides for the continued use, enhancement, and new 3 development of retail, personal service, entertainment, office and related commercial 4 uses along major transportation corridors and intersections to serve the needs of the 5 6 residents. 7 B. The proposed amendment would not be detrimental to the public interest, health, safety, 8 convenience, or welfare of the City in that any development proposed for the site in the 9 future will be required to meet the extensive development standards that are in place to 10 buffer nearby sensitive uses and that enable commercial projects to blend with adjacent 11 12 neighborhoods. 13 C. The proposed amendment would not impact the balance of land uses within the City in 14 that the addition of commercially designated land will provide additional opportunities 15 for economic development that have been lost during the recession of the last several 16 17 years. 18 D. In the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is 19 physically suitable (including, but not limited to access, provision of utilities, 20 compatibility with adjoining land uses, and absence of physical constraints) for the 21 requested land use designation(s) and the anticipated land use development(s) in that the 22 23 amendment area is bounded on three sides by developed, dedicated streets, and existing 24 infrastructure suitable for urban development. 25 SECTION 4. Amendment 26 BE IT FURTHER RESOLVED by the Mayor and Common Council that: 27 28 3 1 A. The Land Use Plan of the General Plan of the City of San Bernardino is amended by 2 changing the land use designation from OIP, Office Industrial Park, to CG-1, 3 Commercial General, for 0.8 acres located at the northwest corner of Waterman 4 Avenue and Orange Show Road, identified as 1194 S. Waterman Avenue. This 5 6 amendment is designated as General Plan Amendment No. 98-05 and its location is 7 outlined on the map entitled Attachment A, and further described in Attachment B, 8 copies of which are attached and incorporated herein for reference. 9 B. General Plan Amendment No. 98-05 shall become effective immediately upon adoption 10 of this resolution. 11 12 SECTION 5. Man Notation 13 This resolution and the amendment affected by it shall be noted on such appropriate 14 General Plan maps which have been previously adopted and approved by the Mayor and 15 Common Council and which are on file in the office of the City Clerk. 16 SECTION 6. Notice of Determination 17 18 The Planning Division is hereby directed to file a Notice of Determination with the 19 County Clerk of the County of San Bernardino certifying the City's compliance with California 20 Environmental Quality Act in preparing the Negative Declaration. 21 22 23 24 25 26 27 28 4 1 RESOLUTION. . .ADOPTING GENERAL PLAN AMENDMENT NO. 98-05 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE 2 GENERAL PLAN LAND USE DESIGNATION FROM OIP, OFFICE INDUSTRIAL 3 PARK, TO CG-1, COMMERCIAL GENERAL, FOR 0.8 ACRES AT THE NORTHWEST CORNER OF THE INTERSECTION OF WATERMAN AVENUE AND 4 ORANGE SHOW ROAD. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, 7 held on the day of 1999 by the following vote, to wit: 8 9 Council Members AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 LIEN 12 (VACANT) V ward 13 SCHNETZ 14 15 DEVLIN 16 ANDERSON 17 MILLER 18 19 City Clerk 20 21 The foregoing resolution is hereby approved this day of ' 1999. 22 23 JUDITH VALLES, Mayor 24 City of San Bernardino Approved as to form 25 And legal content: 26 JAMES F. PENMAN 27 City Attorney 28 By: P 5 GENERAL PLAN AMENDMENT 98-05 ATTACHMENT A 1 ENNIS STREET si€ I s O 55 ............:::::::::: 280 i I W w 14 3 V p Qi IS I 19 \ 0 I 95 ORANGE SHOW ROAD F I I 102 e I f5 s9D JJ o I " 2® 103 I +ao.oa 431 z5 104 o l 54 o I • 281 � 4/i�7D HlIS 01 z5 105 n sp ss -io I •rcc.os I ? qr 53 + y b I • y9.O O w B V 09 I s-P as siw10 0+ 4 C C S,D A y I 2 .9 50 5 'tom o�av ^ c ee Q I D V 0 3' O 52 a I s5 s5 Note-Asses i Numbers a i _ Assessor's 141 — — 1 Book .136 r�orrr�r� —_ ^� ATTACHMENT B GENERAL PLAN AMENDMENT NO. 98-05—PROPOSED AMENDED PARCEL: Assessor Parcel Number: 0136-431-21 V 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 3 CHAPTER19.06, SECTION 19.06.030(2)(B)(1) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ALLOW AN ALCOHOLIC 4 BEVERAGE CONTROL LICENSE WITHIN 100 FEET OF RESIDENTIALLY USED, 5 BUT NOT RESIDENTIALLY ZONED PROPERTY, WITH A CONDITIONAL USE PERMIT. 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 7 DO ORDAIN AS FOLLOWS: 8 SECTION 1. Section 19.06.030(2)(B)(1) of the Municipal Code (Development Code) 9 is amended to allow an Alcoholic Beverage Control license within 100 feet of residentially 10 11 used property that is not residentially zoned; all other provisions of Section 19.06.030(2)(B)(1) 12 remain unchanged. 13 Section 19.06.030(2)(B)(1) is hereby amended to read as shown on Attachment A, 14 Development Code page II-84 attached hereto and incorporated herein by reference. 15 16 17 //// 18 19 20 21 22 23 24 25 26 27 28 1 I AN ORDINANCE .AMENDING CHAPTER 19.06, SECTION 2 19.06.030(2)(B)(1) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ALLOW AN ALCOHOLIC BEVERAGE CONTROL 3 LICENSE WITHIN 100 FEET OF RESIDENTIALLY USED, BUT NOT RESIDENTIALLY ZONED PROPERTY,WITH A CONDITIONAL USE PERMIT. 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof held on the day 7 of 1999, by the following vote to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 11 LIEN 12 VACANT 3RO ward 13 SCHNETZ 14 DEVLIN 15 ANDERSON 16 17 MILLER 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of , 1999. 21 22 23 JUDITH VALLES, Mayor City of San Bernardino 24 Approved as to form and legal content: 26 JAMES F. PENMAN 27 City Attorney 28 By: 2 COMMERCIAL DISTRICTS - 19.06 flood control channel, the distance shall instead be measured by the shortest route of travel. MC 977 7/31/96. 3. Signs. All on-site signage shall conform to Chapter 19.22. 4. Viewing Area. a. It is unlawful to maintain, operate or manage or permit to be maintained, operated or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this Section, viewing area means the area where a patron or customer would ordinarily be positioned while watching the performance, picture, show or film. b. It is unlawful for more than 1 person at a time to occupy any individually partitioned viewing area or booth. C. It is unlawful to create, maintain or permit to be maintained any holes or other openings between any 2 booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area. d. The opening to the viewing area shall be from the main aisle. B. ALCOHOL BEVERAGE CONTROL "ABC" LICENSE A business or establishment requiring issuance of an "ABC" license is subject to a Conditional Use Permit, and shall comply with the following standard(s), in addition to conditions imposed by the Commission: 1. Establishments subject to an off-site "ABC" license shall not be located within 500 feet of any religious institution, school, or public park within the City; 100 feet of any property designated for residential use; and shall not be located in such close proximity to another similar use to cause oversaturation of the neighborhood. The license application shall be reviewed by the Police Department prior to City approval. 2. These locational criteria are not applicable to existing off-site "ABC" licenses which are to be transferred to a new site within 75 feet of the currently licensed facility. MC 1000 8/21/97 3. Establishments containing 15,000 square feet or more which do not sell alcoholic beverages as the principal business are exempt from the requirement for a Conditional Use Permit. MC 851 10/5/92 © 4. An existing, legal, nonconforming convenience store with a current "ABC" license for beer and wine in a CN District, which is within 100 feet of property designated for residential use, or used for residential purposes, may upgrade to liquor sales subject to approval of a Conditional H-M 1/97 ATTAMAACAIT A