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HomeMy WebLinkAbout28- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Al Boughey, Director Subject: Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 Dept: Planning & Building Services MCC Date: January 22, 1996 Date: January 2, 1996 Synopsis of Previous Council Action: J N E;.,3f At• None Recommended Motion: That the hearing be closed and that the Mayor and Common Council deny Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18, based on the Findings of Fact (Exhibit 3). &094 L,, Al ou Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report and Ordinance Ward: City-wide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. AS /Aako CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 95-06 AND CONDITIONAL USE PERMIT NO. 95-18 Mayor and Common Council Meeting January 22, 1996 OWNER: C. K. Investment 1000 Quail, Suite 135 Newport Beach, CA 92660 APPLICANT: Robert H. Lee & Associates 1201 South Beach Blvd, Suite 207 La Habra, CA 90631 REQUEST/LOCATION: The applicant is requesting approval of Development Code Amendment No. 95-06 to amend Section 19.06.030(2)(0)(1), to allow service stations to locate at the corner of a major or secondary arterial with a freeway on- or off-ramp and a street forming the boundary of the Freeway Corridor Overlay District provided the parcel is part of a multi-tenant shopping center 10 acres or more in size. The amendment would also change Development Code Section 19.06.030(2)(F)(4), exempting service stations with convenience stores as an ancillary use from the distance criteria from other convenience stores. The amendment would apply to properties in all commercial districts with the exception of the CN, CG-4, and CCS-2 land use designations that are located within the Freeway Corridor Overlay and along a major or secondary arterial with a freeway off-ramp. The applicant also requests the approval of Conditional Use Permit No. 95-18 to construct an 1,872 square foot gasoline station with convenience market. The convenience .market is proposed to include the sales of beer and wine for off-site consumption. The proposed facility is to be located on 1.06 acres at the northwest corner of Varsity Avenue and University Parkway in the CG-1, Commercial General land use district. The site is an outparcel of the 11.44 acre multi-tenant shopping center, University Town Center. KEY POINTS: There are several key points which have been identified as follows: Development Code Amendment No 95-06 o Development Code Section 19.06.030(2)(0)(1),permits new service stations only at the intersections of major and secondary arterials, and their intersections with freeway off-ramps. The proposed amendment would add the provision of allowing service stations on parcels located at the corner of a major or secondary Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 Mayor and Common Council Meeting January 22, 1996 Page 2 arterial with a freeway on- or off-ramp and a street forming the boundary of the Freeway Corridor Overlay provided that the parcel is part of a shopping center 10 acres or more in size. o The amendment would allow up to three stations on one of the two sides of the freeway, provided that one of the three stations was part of a multi-tenant shopping center 10 acres or more in size. This would result in a potential for a maximum of 5 service stations at an intersections of a freeway and major or secondary arterials with freeway on- or off-ramp meeting all the service station locational criteria of this section. o The amendment will increase the number of potential sites at the intersections of the freeway and major or secondary arterials with freeway off-ramps by one. Two shopping centers of 10+ acres exist adjacent to freeway intersections, Highland Avenue Plaza (Wal-Mart Center) and University Town Center (Hughes Market Center). Highland Avenue Plaza meets present Development Code criteria and already has the potential of requesting and developing a service station under a Conditional Use Permit. The University Town Center would be the only site affected by the amendment. o Development Code Section 19.06.030(2)(F)(4)would also be amended to exempt service stations in the Freeway Corridor Overlay with convenience stores as an ancillary use from the 1000 foot distance criteria from other convenience stores, providing the opportunity for a greater number of gasoline/convenience facilities in highly travelled areas potentially reducing the number of additional trips for minor shopping for the convenience of residents. o Service stations or service station/convenience markets proposed under the amendment would be subject to the approval of a Conditional Use Permit allowing the City discretion in determining whether or not specific proposals are appropriate. o The proposed amendment conflicts with General Plan Goal 1G(m) in that it will create an over-saturation of service stations at selected intersections by adding the potential for a fifth station, adversely impacting a high quality of life and secure environment for the City's residents and businesses. o The amendment is not consistent with the original intent of the Development Code in that it would allow service stations to be located outside of the Freeway Corridor Overlay at locations other than the intersections of major and secondary Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 Mayor and Common Council Meeting January 22, 1996 Page 3 arterials and their intersections with freeway on- and off-ramps. Conditional Use Permit No 95-18 O The conditional use permit cannot be approved unless Development Code Amendment No. 95-05 is approved and implemented. o The proposed service station is consistent with Development Code Amendment No. 95-06 and would be compatible with the surrounding commercial development and Scottish Rite Temple located across Varsity Avenue on the south. O The gasoline station/convenience store building will include the sale of beer and wine for off-site consumption. O The area does not have an overconcentration of licensed off-sale alcoholic beverage outlets. According to Janice Edmonds of Alcoholic Beverage Control (ABC) the Census Tract, 46.02, will support 11 licenses for the sale of alcohol for off-site consumption, and currently there have only been 8 licenses issued. A determination of public convenience or necessity (PCN) is not required. O The facility is proposed to employ a total of 10 with a maximum of 4 per shift and is proposed for 24 hour operation. o The Development Review Committee (DRC) had requested upgraded elevations for greater architectural consistency with University Town Center shopping center at the preliminary review meeting. However, based on the DRC's denial recommendation no upgraded elevations were provided. Should the Mayor and Council wish to consider approval of the project, it is recommended that they review the upgraded elevations or require revisions as necessary through project Conditions of Approval. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS An Initial Study was prepared by staff for both the Development Code Amendment and Conditional Use Permit. The Initial Study was presented to the Environmental Review Committee on October 26, 1995. A Negative Declaration was proposed. The Initial Study was made available for public review and comment from November 2, 1995 until November 22, 1995. No comments were received. Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 Mayor and Common Council Meeting January 22, 1996 Page 4 On November 30, 1995, the ERC determined that the Initial Study adequately addressed the environmental impacts of the Development Code Amendment and Conditional Use Permit but did not recommend adoption of the Negative Declaration and cleared the project onto Planning commission without any recommendation. Pursuant to Section 15270 of the CEQA Guidelines, CEQA does not apply to projects which a public agency rejects or denies. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed both Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 at their December 12, 1995 meeting and recommended that the Mayor and Common Council deny Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 as per staff's recommendation. The Planning Commission vote for denial was: Ayes - Gaffney, Hamilton, Schuiling, Stone, and Thrasher; Nays - None; Abstain - None; Absent - Brue, Cole, Gonzales, Strimpel, and Traver. OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and Common Council May: 1. Deny Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 as recommended by the Planning Commission and Staff; or 2. Adopt the proposed Negative Declaration and adopt the Ordinance (Exhibit 5) approving Development Code Amendment No. 95-06 and approve Conditional Use Permit No. 94-18 based upon the Findings of Fact(Exhibit 6) and Conditions of Approval and Standard Requirements (Exhibit 7). RECON 4ENDATION: Staff recommends that the hearing be closed, and that Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 be denied based upon the attached Findings of Fact (Exhibit 3). Prepared by: Michael R. Finn, Associate Planner for Al Boughey, Director of Planning and Building Services Exhibit 1 Location Map Exhibit 2 Planning Commission Staff Report Attachment A Location Map (Included as Exhibit 1) Attachment B Proposed Development Code Text (B-1)(Not Included), Development Code Amendment No. 95-06 Service Station Intersection Analysis (B-2)[Revised analysis included as Exhibit 8] Attachment C Site Plan (C-1), Floor Plans (C-2), and Elevations (C-3) NEMMONNONUMMUMM Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 Mayor and Common Council Meeting January 22, 1996 Page 5 Attachment D Development Code Amendment Findings of Fact(D-1)(Not Included) and Conditional Use Permit Findings of Fact(D- 2)(Not Included) Exhibit 3 Development Code Amendment Findings of Fact for Denial (3-1)and Conditional Use Permit Findings of Fact for denial(3-2) Exhibit 4 Initial Study Exhibit 5 Ordinance Exhibit 6 Development Code Amendment Findings of Fact supporting approval (6-1) Conditional Use Permit Finding of Fact supporting approval (6-2) Exhibit 7 Conditions of Approval and Standard Requirements Exhibit 8 Revised Development Code Amendment Service Station Intersection Analysis EXHIBIT 1 ' CITY OF SAN BERNARDINO PLANNING AGENDA AND BUILDING SERVICES DEPARTMENT ITEM # LOCATION CASE HEARING DATE f L r ` P / I •y F r f s O AVL `- Lp S/ 1 TF � PORTOLA V2 I e , e ® 1 G +�s ofp - \\ r l ` z Z ST Lye y v G EXHIBIT 2 SUND4ARY CITY OF SAN BERNARDINO PLANNING DMSION ---------------- CASE: Development Code Amendment No. 95-06 AGENDA ITEM: 5 and Conditional Use Permit No. 95-18 HEARING DATE: 12-12-95 WARD: 5 APPLICANT: OWNER: ROBERT H. LEE & ASSOCIATES CK INVESTMENT PROPERTIES 1201 S. Beach Blvd., Suite 207 1000 Quail, Suite 135 La Habra, CA 90631 Newport Beach, CA 92260 REQUEST / LOCATION - A request to amend Development Code Section 19.06.030(2)(0)(1) to allow service station construction at specified intersections in conjunction with existing shopping centers ten or more acres in size. The Amendment would apply Citywide. Approval of a Conditional Use Permit to construct an 1,872 square foot service station/convenience market to include off-sale of beer and wine on a 1.06 acre outparcel of an 11.44 acre shopping center at the northwest corner of Varsity Avenue and University Parkway. EXISTING LAND USE PROPERTY LAND USE DESIGNATION SUBJECT Vacant CG-1, Commercial General NORTH Shopping Center CG-1, Commercial General SOUTH Vacant CG-1, Commercial General EAST Shopping Center CG-1, Commercial General WEST Shopping Center CG-1, Commercial General GEOLOGIC/SEISMIC YES ❑ FLOOD HAZARD YES ❑ SEWERS: YES ■ HAZARD ZONE: NO ■ ZONE: NO ■ NO ❑ HIGH FIRE HAZARD YES ❑ AIRPORT YES ❑ REDEVELOPMENT YES ❑ ZONE: NO ■ NOISE/CRASH NO ■ PROJECT AREA: NO ■ ZONE: ENVIRONMENTAL FINDINGS: STAFF RECOMMENDATION: ■ Not Applicable ❑ Potential Effects, ❑ APPROVAL (Previous Mitigating Measures, Mitigated No E.I.R. ❑ CONDITIONS Negative Declaration) ❑ E.I.R. w/Significant ■ DENIAL Effects ❑ Exempt ❑ CONTINUANCE ❑ Significant Effects, TO: ❑ No Significant See Attached E.R.C. Effects Minutes Development Code Amendment No. 95-06 Conditional Use Permit No. 95-18 Agenda #5 Hearing Date: 12-12-95 Page 1 REQUEST Development Code Amendment No. 95-06 The applicant requests the approval of Development Code Amendment No. 95-06, to amend Development Code Section 19.06.030(2)(0)(1), to allow service stations to locate along major or secondary arterials with freeway off-ramps,within the.Freeway Corridor Overlay District. The amendment would allow a maximum of 2 service stations on each side of the freeway along a major or secondary arterial with a freeway off-ramp within the Freeway Corridor Overlay. A parcel located arthe corner of a major or secondary arterial and a street forming the boundary of the Freeway Corridor Overlay district could also be developed with a service station provided that the parcel was part of a multi-tenant shopping center 10 acres or more in size. The amendment would allow up to 3 stations on one of the two freeway sides only if one of the three stations was part of a multi-tenant shopping center 10 acres or more in size. Conditional Use Permit No. 95-18 The applicant also requests the approval of Conditional Use Permit No. 95-18, to construct a 1,872 square foot gasoline station with convenience market, to include the off-sale of beer and wine on at out-parcel of an 11.44 acre multi-tenant shopping center (Hughes Market- University Town Center) at the corner of a major arterial and boundary street of the Freeway Corridor Overlay. LOCATION Development Code Amendment No. 95-06 The Development Code Amendment would apply to properties City-wide in all commercial General Plan land use designations except CN, CG-4 and CCS-2 located within the Freeway Corridor Overlay District. Conditional Use Permit No. 95-18 The proposed site for the service station/convenience market consists of 1.06 acres located at the northwest corner of Varsity Avenue and University Parkway in the CG-1, Commercial General land use district. Varsity Avenue forms the boundary of the Freeway Corridor Overlay. BACKGROUND On October 17, 1995, the Planning Commission heard Development Code Amendment 95-05, Development Code Amendment No. 95-06 Conditional Use Permit No. 95-18 Agenda ##5 Hearing Date: 12-12-95 Page 2 a similar request for a Development Code Amendment to allow service stations along a major or secondary arterial with freeway access within the Freeway Corridor Overlay district. The Planning Commission recommended to the Mayor and Common Council that they deny the amendment. The Commission indicated that there was already an ample number of existing sites suitable for development with service stations and that e additional sites created by the amendment were not needed. The votes for recommending denial were as follows: Commissioners Brue, Hamilton, Strimpel and Thrasher voting,aye; Commissioners Gonzales and Traver voting nay; and Commissioners Cole and Schuiling were absent. The request for the convenience market was reliant upon a approval of Development Code Amendment No. 95-05, which would have amended Development Code Section 19.06.030(2)(F)(4) to allow service stations within the Freeway Corridor Overlay with convenience stores with an ancillary use to be exempted hom the 1000 foot distance criteria from other convenience stores. The Mayor and Common ouncil denied Development Code Amendment No. 95-05 on November 20, 1995 directing staff to prepare findings supporting denial for the December 4, 1995 Mayor and Common Council meeting. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) An Initial Study was prepared by staff for both the De elopment Code Amendment and Conditional Use Permit. The Initial Study was presen to the Environmental Review Committee on October 26, 1995. A Negative Declaration w s proposed. The Initial Study was made available for public review and comment from November 2, 1995 until November 22, 1995. No comments were received. The Initial Study was again reviewed at the end of the public comment period by the ERC at their meeting of November 30, 1995. The ERC determined that the Initial Study adequately addressed the environmental impacts of the Development Code Amendment and Conditional Use Permit but did not recommend adoption of the Negative Declaration and cleared the project onto Planning commission without any recommendation. Pursuant to Section 15270 of the CEQA Guidelines, CEQA does not apply to projects which a public agency rejects or denies. ANALYSIS-DEVELOPMENT CODE AMENDMENT General Plan Consistency The proposed amendment would implement General Plan Objective 1.19, which states: "Provide for the continued use, enhancement, and new development of retail, personal service, office and related commercial uses along major transportation corridors and Development Code Amendment No. 95-06 Conditional Use Permit No. 95-18 Agenda #5 Hearing Date: 12-12-95 Page 3 intersections to serve the needs of residents; ..." The amendment would create additional opportunities for service stations by allowing stations to locate in high traffic areas. However, the proposed amendment conflicts with General Plan Goal 1G(m) in that it will create an over-saturation of service stations near the Freeway Corridor Overlay. There are adequate sites and opportunities for the establishment of service stations under current Development Code provisions to meet the needs of the residents of the City. The amendment would create additional turning movements near the intersections of major and secondary arterials and freeway on- and off-ramps throughout the City resulting in an increase in traffic congestion and reducing the efficiency of the City street system. The amendment would thus adversely impact a high quality of life and secure environment for the City's residents and businesses in conflict with this General Plan Goal. Development Code Amendment Development Code Section 19.06.030(2)(0)(1), permits new service stations only at the intersections of major and secondary arterials, and their intersections with freeway off-ramps. Development Code Amendment No. 95-06 was dependent upon the approval of Development Permit No. 95-05, referenced in the Background section of this staff report and denied by the Mayor and Common Council. Development Code Amendment No. 95-06, therefore contains the provisions of Development Code No. 95-05. The proposed amendment would revise Development Code Section 19.06.030(2)(0)(1),allowing service stations to locate within the Freeway Corridor Overlay, up to two per side of the freeway. The amendment would also permit a service station to be constructed on a parcel located at the corner of a major or secondary arterial and a street forming the boundary of the Freeway Corridor Overlay district provided that the parcel was part of a multi-tenant shopping center 10 acres or more in size. The amendment would allow up to 3 stations on one of the two freeway sides only if one of the three stations was part of a multi-tenant shopping center 10 acres or more in size. See Attachment "B", Proposed Amendment Text. Available business registration data for service stations within the City was mapped by the City's Management Information Services Department and analyzed by staff for Development Code Amendment No. 95-05 and is applicable to Development Code Amendment No. 95-06 as well. Additionally, on November 16, 1995, staff conducted a physical survey of service stations and potential service station sites within and adjacent to the Freeway Corridor Overlay District for Development Code Amendment No. 95-05. Approximately 23 freeway intersections with major or secondary arterials affected by the proposed Development Code Amendment were identified Development Code Amendment No. 95-06 Conditional Use Permit No. 95-18 Agenda #5 Hearing Date: 12-12-95 Page 4 and analyzed (See Attachment B-2). From the analysis, it is estimated that a total of 20 service stations presently exist at these intersections. Under current Development Code Criteria, approximately 16 sites meet the criteria necessary for the development of service stations within the Freeway Corridor Overlay. Under the criteria of Development Code Amendment No. 95-05, an additional 17 sites would meet the criteria for the development of service stations within the Freeway Corridor Overlay, for a combined total of 33 potential service station sites within the City under Development Code Amendment No. 95-05. Development Code Amendment No. 95- 06, would have added one more potential service station site at the Hughes Market shopping center, for a total` of 34 potential sites. See Attachment B-2, Service Station Intersection Analysis. Since without the amendment there are approximately 16 sites meeting the criteria for the creation on service stations near the intersections of major and secondary arterials and freeway on- and off-ramps, it can be concluded that there are adequate sites and opportunities for the establishment of service stations under current code provisions to meet the needs of the residents of the City. Previous Action by the Mayor and Common Council On November 20, 1995, the Mayor and Common Council heard Development Code Amendment No. 95-05. Development Code Amendment No. 95-05 would have allowed service stations to locate along a major or secondary arterial with a freeway off-ramp either adjacent to an on- or off-ramp or at the corner of the arterial and a street forming the boundary of the Freeway Corridor Overlay. A maximum of two such stations on each side of the freeway would have been allowed. The amendment included provisions for exempting service stations with convenience stores as an ancillary use from the 1,000 foot distance criteria from other convenience stores. The Mayor and Common Council denied the amendment in concept, indicating that the amendment would result in an over-concentration of service stations within the Freeway Corridor Overlay. The Council noted the large number of abandoned stations within the City and the blight that they create, and were concerned that the additional sites could contribute to blighting influences. ANALYSIS-CONDITIONAL USE PERMIT Proposal The applicant proposes to construct a 1,872 square foot gasoline station with convenience market. The gas station/convenience market building will include the sale of beer and wine for Development Code Amendment No. 95-06 Conditional Use Permit No. 95-18 Agenda #5 Hearing Date: 12-12-95 Page 5 off-site consumption. Six gasoline pump islands are proposed with a capability of fueling 12 cars simultaneously. The facility is proposed to employ a total of 10 with a maximum of 4 per shift. The facility is proposed for 24 hour operation. Site and Area Characteristics The 1.06 acre siteis irregular in shape, and is located at the northwest corner of Varsity Avenue and University Parkway in the CG-1, Commercial General land use district. University Parkway is identified by the General Plan as a major arterial. There are two freeway off-ramps from the I-215 freeway onto University Parkway, The site is not located within the Freeway Corridor Overlay but abuts Varsity Avenue which forms the northern boundary of the Overlay. The site is a vacant outparcel of an 11.44 acre multi-tenant shopping center located on the west side of University Parkway between Varsity Avenue and College Avenue. Surrounding land uses include a vacant parcel across Varsity Avenue on the south, to the west and north a multi-tenant shopping center with two fast food drive through restaurants on the north, and a multi-tenant shopping center, restaurants, fast food drive through restaurant and service station under construction, across University Parkway, on the east. The I-215 freeway is adjacent to the Scottish Rite Temple, across the vacant lot on the south. Permitted Use Without Development Code Amendment No. 95-06, the proposed gasoline station is not a permitted use at the location proposed. The intersection does not meet the criteria'under the current Development Code for the establishment of a service station. The proposal also includes a convenience market and is located less than 1,000 feet from another convenience market to be located in the proposed Chevron station across University Parkway on the east. Unless Development Code Amendment No. 95-06 is approved, the Conditional Use Permit cannot be approved. CONCLUSION Development Code Amendment No. 94-06 The amendment would result in an over-concentration of service stations, possibly contributing to the blighting influence of abandoned service stations within the City. Without the amendment, there are 16 sites located near major and secondary arterials and their intersections Development Code Amendment No. 95-06 Conditional Use Permit No. 95-18 Agenda #5 Hearing Date: 12-12-95 Page 6 with freeway on- and off-ramps that could be developed with service stations, providing ample opportunity for the construction of new stations without amending the Development Code. Conditional Use Permit No. 94-18 Without approval of Development Code Amendment No. 95-06 the proposed service station/convenience store is not a permitted use in the location proposed. RECONEVMgDA'YTON Staff recommends that the Planning Commission recommend that the Mayor and Common Council deny Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 based upon the attached Findings of Fact (Attachments D-1 and D-2). Respectfully ubmitted, Michael Hays Assistant D' or of Planning and Building Services Michael R. Fi Associate Planner Attachment A Location Map Attachment B Proposed Development Code Text (B-1), and Development Code Amendment Service Station Intersection Analysis (B-2) Attachment C Site Plan (C-1), Floor Plans (C-2), and Elevations (C-3) Attachment D Development Code Amendment Findings of Fact (D-1) and Conditional Use Permit Findings of Fact (D-2) Development Code Amendment No. 95-06 Conditional Use Permit No. 95-18 Agenda #5 Hearing Date: 12-12-95 Page 8 ATTACHMENT B-1 Proposed Language for Development Code Amendment No 95-06 Development Code Section 19.06.030(2)(0)(1) 1. New service stations shall be permitted only at the intersections of major and secondary arterials, and along major or secondary arterials wtth freeway off ramps within the Freeway Corridor Overlay District. A maximum of 2 service stations shall be permitted at each intersection, or on each side of the freeway along a major or secondary arterial with a freeway off ramp within the Freeway Corridor Overlay District. A parcel that is located at the corner of a major or secondary arterial and a street forming the boundary of the Freeway Corridor Overlay District may be developed with a service station provided that the parcel is pan of a mufti-tenant shopping center 10 or more acres in size. A third service station may be permitted on one of the sides of the freeway only if one of the three stations is located on the outparcel of a multi-tenant shopping center as outlined in this section. The use shall not adjoin a residential land use district. Development Code Amendment No. 95-06 Conditional Use Permit No. 95-18 Agenda #5 Hearing Date:.12-12-95 Page 9 ATTACHMENT B-2 DEVELOPMENT CODE AMENDMENT NO, 95-05 SERVICE STATION INTERSECTION ANALYSIS DCA 95-05* DCA 95-05 Number of Net Number Number of Current Number Total Number of Existing (Net Increase) Intersection OfC-=ps Stations Possible Stations Possible Stations Possible Stations I-10 Mountain View 1 1 2 1 1 (1) Tippecanoe St. 1 1 2 2 0 (0) Waterman Avenue 0 0 1 0 1 (1) Hospitality Ln. 1 2 2 0 2 (0) Redlands Blvd. 1 2 2 0 2 (0) "E" Street 0 0 2 0 2 (2) I-215 Orange Show Rd. 2 2 4 3 1 (0) Inland Ctr. Dr. 2 2 4 0 4 (2) Mill St. 0 0 2 0 2 (2) "I" Street 1 2 2 0 2 (0) 2nd Street 1 1 4 1 3 (2) 5th Street 5th Street has no direct off-ramps - they both let off at 6th Street, which is not a major or secondary arterial Base Line St. Base Line Street has no direct off ramps Development Code Amendment No. 95-06 Conditional Use Permit No. 95-18 Agenda #5 Hearing Date: 12-12-95 Page 10 DCA 95-05* DCA 95-05 Number of Net Number Number of Current Number Total Number of Existing (Net Increase) Intersection f0 f-ramps Stations Possible Stations Possibl Stations Possible Stations "H" Street 1 2 2 0 2 (0) 27th Street 1 1 2 0 2 (l) University Pkwy. 2 2 4 3 1 (1) Palm Avenue 2 2 4 2 2 (2) State Route 30 Highland Ave 1 2 2 0 2 (0) (W of I-215) Highland Ave. 2 2 4 2 2 (2) (E of I-215) "E" Street 1 0 0 0 0 (0) Waterman Ave. 1 1 2 2 0 (0) Del Rosa Ave. 2 1 2 3 0 (0) Highland Ave. 1 1 2 1 1 (1) (@ Arden) Highland Ave. 1 1 1 1 (0) (Q Boulder) TOTALS 25 28 52 20 33(17) * DCA 95-06 would add 1 additional potential station site to the DCA 95-05 total. The Hughes Market Shopping Center and Wal-Mart Shopping Center are the only centers that meet the criteria of DCA 95-06 and the Wal Mart Center meets current code criteria to construct a service station. ATTACHMENT C-1 _ 7 �s v b 4W f. a - . • - _.y. :ice:- I ,_ \ I Coto d a ::::i nip ■, �� UuIr� l .� �Il�i� A TT ACHNENT C-3 .... ..::....4 ,,i J IN LO .... ' mil r w �w � j Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 Mayor and Common Council Meeting January 22, 1996 Page 6 EXHIBIT 3-1 DEVELOPMENT CODE AMENDMENT FINDINGS OF FACT 1. The proposed amendment conflicts with General Plan Goal 1G(m) in that it will create an over-saturation of service stations in certain location by allowing a third service station on one of the two sides of the freeway adversely impacting a high quality of life and secure environment for the City's residents and businesses. 2. There are adequate sites and opportunities for the establishment of service stations under current code provisions to meet the needs of the residents of the City. The proposed amendment would be detrimental to the public interest, health, safety, convenience, or welfare of the City, in that the amendment will create an over-concentration of service stations at selected intersections within the City. 3. The proposed amendment would be detrimental to the public interest, health, safety, convenience, or welfare of the City, in that the amendment would create additional turning movements at the selected intersections of major and secondary arterials and freeway on- and off-ramps throughout the City resulting in an increase in traffic congestion, thus reducing the efficiency of the City street system. 4. The amendment is not consistent with the original intent of the Development Code in that it would allow service stations to be located outside of the Freeway Corridor Overlay at locations other than the intersections of major and secondary arterials I and their intersections with freeway on- and off-ramps. Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 Mayor and Common Council Meeting January 22, 1996 Page 7 ATTACHMENT 3-2 CONDITIONAL USE PERMIT FINDINGS OF FACT 1. The proposed service station facility is not a permitted use at the location proposed and is inconsistent with the Development Code. 2. The proposed use is not consistent with the General Plan, in that it is not a permitted use in the CG-1, Commercial General land use district at the proposed location. 3. The proposed facility is in compliance with the requirements of the California Environmental Quality in that pursuant to Section 15270 of the CEQA Guidelines, CEQA does not apply to projects which a public agency rejects or denies. 4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored, in that CEQA does not apply to projects which a public agency rejects or denies. 5. The location, size, design, and operating characteristics of the proposed use are not compatible with the existing and future land uses within the general area in which the service station facility is to be established in that it is not a permitted use and would 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. 6. The subject site is not physically suitable for the type of use proposed, in that the Development Code does not permit service stations except at the intersection of major and secondary arterials or their intersection with a freeway off-ramp. The site does not meet this locational criteria. 7. There are adequate provisions for public access, water, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the no all agencies responsible for providing those services have reviewed the project and none have indicated any inability to provide the necessary services. EXIIBIT 4 CITY OF SAN BERNARDINO INITIAL STUDY FOR ENVIRONA JEN 'AL IMPACT FOR Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 PROJECT DESCRIPTION/LOCATION: A Development Code Amendment to allow up to three gasoline service stations to locate on one side of the freeway along a major or secondary arterial with a freeway off-ramp, within the freeway corridor overlay, provided that one of the three service stations is located on an outparcel that is part of a shopping center 10 acres or more in size. For the purposes of Development Code Section 19.06.030(2)(0)(1), the amendment expands the Freeway Corridor Overlay to include parcels that would normally be excluded from the Overlay but are located at the corner of a major (or secondary) arterial and a street forming the boundary of the Freeway Corridor Overlay District. The project includes a Conditional Use Permit to construct a 1,872 square foot gasoline station/convenience market, to include the off-sale of beer and wine. The site is located on a 1.06 acre parcel located at the northwest corner of Varsity Avenue and University Parkway, within a 11.44 acre multi-tenant shopping center in the CG-1, Commercial General Land Use Designation and the Freeway Corridor Overlay District. DATE: October 13, 1995 PREPARED FOR: C K Investment Properties 1000 Quail, Suite 135 Newport Beach, CA 92660 PREPARED BY: Michael R. Finn Associate Planner City of San Bernardino Planning and Building Services 300 North "D" Street San Bernardino, CA 92418 (909) 384-5057 City of San Bernardino Environmental Impact Checklist Page 2 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT INITIAL STUDY Project: Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 Owner: C K Investment Properties Applicant: Robert H. Lee & Associates Introduction This Initial Study is provided by the City of San Bernardino for Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18. It contains an evaluation of potential adverse impacts that can occur if Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 are approved. 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. The following components constitute the Initial Study for Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18: 1. Project Description and Location 2. Site and Area Characteristics 3. Environmental Setting 4. Summary 5. Environmental Determination 6. Environmental Impact Checklist 7. Discussion of Environmental Evaluation and Mitigation Measures 8. Supporting Information/Location Map and Site Plan, Floor Plans and Elevation Combined, these components constitute the complete Initial Study for Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18. City of San Bernardino Environmental Impact Checklist Page 3 1. PROJECT DESCRIPTION Development Code Amendment No. 95-06 Development Code Amendment No. 95-06 is a request to amend the Development Code to allow a third service station to locate on one of the two sides of the freeway, along a major or secondary arterial with a freeway off-ramp as long as the third station is to be located on an outparcel of a shopping center that is 10 acres or more is size. Specifically the proposal.would amend Development Code Section 19.06.030(2)(0)(1), adding language that allows parcels located at the corner of major and secondary arterials and a street forming the boundary of the Freeway Corridor.Overlay District to be considered part of the district for the purposes of that section, and adding language that allows a third service station to be permitted on one of the two sides of the freeway only if it is an outparcel that is part of a shopping center of 10 acres or more. See Attachment 8-1, Proposed Amendment Text. Conditional Use Permit No. 95-18 Conditional Use Permit No. 95-18 is an application to construct a 1,872 square foot service station/convenience market, with the sale of beer and wine for off-site consumption. Six gasoline pump islands are proposed with a capability of fueling 12 cars simultaneously. The facility is proposed to employ a total of 10 with a maximum of 4 per shift. Proposed hours of operation are 24 hours a day. 2. SITE AND AREA CHARACTERISTICS Development Code Amendment No. 95-06 The Development Code Amendment would apply to all properties that: 1. Are located along major or secondary arterials with a freeway off-ramp that would not normally be considered part of the Freeway Corridor Overlay district, but are located at the corner of the major or secondary arterial and a street forming the boundary of the Freeway Corridor Overlay; or 2. Meet criteria #1 above and there are fewer than two such service stations meeting criteria #1 already located on the side of the freeway for which the service station is proposed; or 3. Are located along a major or secondary arterial with a freeway off-ramp and are part of a multi-tenant shopping center 10 acres or more in size and: City of San Bernardino Environmental Impact Checklist Page 4 a. are located within the Freeway Corridor Overlay; or b. meet criteria #1 above; or 4. meet the above criteria and do not adjoin a residential land use district. Available business registration data for service stations within the City was mapped by the City's Management Information Services Department and analyzed by staff. Approximately 12 freeway intersections with major or secondary arterials affected by the proposed Development Code Amendment were identified and are shown in Attachment B-2. Conditional Use Permit No. 95-18 The 1.06 acre site is irregular in shape, and is located at the northwest corner of Varsity Avenue and University Parkway in the CG-1, Commercial General land use district. University Parkway is identified by the General Plan as a major arterial. The are two freeway off-ramps from the 1-215 freeway onto University Parkway. The site is not located within the Freeway Corridor Overlay but abuts Varsity Avenue which forms the northern boundary of the overlay. The site is an outparcel of an 11.44 multi-tenant shopping center located on the west side of University Parkway between Varsity Avenue and College Avenue and is presently vacant and undeveloped. Surrounding land uses include a vacant parcel across Varsity Avenue on the south upon which a service station/convenience store with fast food drive-through and drive-through car wash and the Scottish Rite Temple, to the west and north a multi-tenant shopping center with two fast food drive-throughs on the north, and a multi-tenant shopping center, restaurants, fast food drive- through restaurant, and a service station, under construction on the east. The I-215 freeway is adjacent to the Scottish Rite Temple on the south. 3. ENVIRONNWNTAL SETTING Development Code Amendment No. 95-06 The amendment would be applicable only to those projects meeting the criteria listed under Section 2, above. The environmental setting will be dependent on the individual project location as determined by any future conditional use permit applications. The environmental setting of Conditional use Permit applications meeting the conditions established by this amendment will be project specific and will be addressed during review and processing of each individual application submittal. City of San Bernardino Environmental Impact Checklist Page 5 Conditional Use Permit No. 95-18 The site is located in an area identified by the General Plan as being located within a High Wind Hazard Area. 4. SUNEM ARY Development Code Amendment No. 95-06 Based on -an analysis of available business registration data, Development Code Amendment No. 95-06 would create the potential for 1 new service station after accounting for the number of stations that would be allowed under DCA 95-05. In those areas where potential impacts may occur, proposals under the amendment would be subject to review under CEQA and may be conditioned to reduce or eliminate impacts as necessary. Conditional Use Permit No. 95-18 The Conditional Use Permit would result in the establishment of a 1,872 square foot gasoline station with a convenience market including the sales of beer and wine for off- site consumption at the northwest corner of Varsity Avenue and University Parkway. The project site is located within an area of potential wind erosion and high wind hazard area. The proposal includes the transport, storage and use of gasoline and petroleum products. Project conditions of approval and standard requirements will reduce any potential impacts to a level of insignificance. City of San Bernardino Environmental Impact Checklist Page 6 5. ENVIRONMENTAL DETERMINATION On the basis of this initial study, X The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. The proposed project could have a significant effect on the environment, although there will not be significant effect in this case because the mitigation measures described above have been added to the project. A NEGATIVE DECLARATION will be prepared. The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA M tckE,t�-i, �}qyS C�kA�RXY�M.1NV��o►�Ntifil� ��V�EivJ G6Ynf1ti�TT�iC� Name an itle Signature L Da City Contact Person regarding this Initial Study: Michael R. Finn, Associate Planner City of San Bernardino Department of Planning and Building Services 300 North "D" Street San Bernardino, CA 92418 Phone: (909) 384-5057 Fax: (909) 384-5155 City of San Bernardino Environmental Impact Checklist Page 7 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ENVIRONMENTAL IMPACT CHECKLIST A. ENVIRONMENTAL IMPACTS Explain "Yes" and "Maybe" answers on a separate attached sheet. "No" answers are explained on this checklist. See Attachment "A" Preliminary Environmental Description Form, where necessary. (SECTION 6) Yes No Maybe 1. 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 Environmental Description Form No. D.(3)? X b. Development and/or grading on a slope greater than 15% natural grade based on review of General Plan HMOD map, which designates areas of 15% or greater slope in the City? c. Development within the Alquist- Priolo Earthquake Zone as defined in Section 12.0-Geologic & Seismic, Figure 47, of the City's General Plan? _ X d. Modification of any unique geologic or physical feature based on field review? _ X e. Development within areas defined for high potential for water or wind erosion as identified in Section 12.0-Geologic & Seismic, Figure 53, of the City's General Plan? X City of San Bernardino Environmental Impact Checklist Page 8 Yes No Maybe L Modification of a channel, creek or river based on review of USGS Topographic Map (Name) X g. Development within an area subject to landslides, mudslides, subsidence or other similar hazards 3s identified in Section 12.0-Geologic & Seismic, Figures 48, 51, 52 and 53 of the City's General Plan? i X _ h. Development within an area subject to liquefaction as shown in Section 12.0-Geologic & Seismic, Figure 48, of the City's General Plan? X _ i. Other? X 2. Air Resources: Will the proposal result in: a. Substantial air emissions or an effect upon ambient air quality as defined by South Coast Air Quality Management District, based on meeting the threshold for significance in the District's, "CEQA Air Quality Handbook"? X b. The creation of objectionable odors based on information contained in Preliminary Description Form, No. G.(3)? _ X City of San Bernardino Environmental Impact Checklist Page 9 Yes No Maybe c. Development within a high wind hazard area as identified in Section 15.0-Wind & Fire, Figure 59, of the City's General Plan? X 3. Water Resources: 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? _ X _ b. Significant alteration in the course or flow of flood waters based on consultation with Public Works staff? _ X 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? _ X d. Change in the quantity or quality of ground water? _ X City of San Bernardino Environmental Impact Checklist Page 10 Yes No Maybe 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 0602810010- and Section 16.0-Flooding, Figure 62, of the City's General Plan? - _ X f. Other? _ X 4. 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? _ X 1. Change in the number of any unique, rare or endangered species of plants or their habitat including stands of trees based on information contained in the Preliminary Environmental Description Form No. B.(1) and verified by on-site survey/evaluation? _ X 2. Change in the number of any unique, rare or endangered species of animals or their habitat based on information contained in the Preliminary Environmental Description Form No. E.(8) and verified by site survey/evaluation? _ X City of San Bernardino Environmental Impact Checklist Page 11 I Impacts to the wildlife Yes No Maybe disbursal or migration corridors? _ X _ b. Removal of viable, mature trees based on site survey/evaluation and review of the proposed site plan? (6" or greater trunk diameter at 4' above the ground) _ X c. Other? _ X 5. Noise: Could the proposal result in: a. Development of housing, health care 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? _ X 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? _ X c. Other? _ X City of San Bernardino Environmental Impact Checklist Page 12 Yes No Maybe 6. Land Use: Will the proposal result in: a. A change in the land use as designated based on the review of the General Plan Land Use Plan/Zoning Districts Map? _ X b. Development within an Airport District as identified in the Air Installation Compatible Use Zone (AICUZ) Report and the Land Use Zoning District Map? _ X — c. Development within Foothill Fire Zones A & B, or C as identified on the Development Code Overlay Districts Map? _ X d. Other? Amendment to the X Development Code 7. Man-Made Hazards: Based on information contained in Preliminary Environmental Description Form, No. G.(1) and G.(2) will the project: a. Use, store, transport or dispose of hazardous.or toxic materials (including but not limited to oil, pesticides, chemicals or radiation)? X b. Involve the release of hazardous substances? _ X _ c. Expose people to the potential health/safety hazards? _ X d. Other? _ X 8. Housing: Will the proposal: a. Remove existing housing as verified by a site survev/evaluation? x City of San Bernardino Environmental Impact Checklist Page 13 Yes No Maybe b. Create a significant demand for additional housing based on the proposed use and evaluation of project size? _ X c. Other? _ X 9. Transportation/Circulation: Could the proposal, in comparison with the Circulation Plan as identified in Section 6.0-Circulation of the City's General Plan and based on the conclusions of the City Traffic Engineer and review of the Traffic Study if one was prepared, 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? _ X b. Use of existing, or demand for new, parking facilities/ structures? _ X c. Impact upon,existing public transportation systems? _ X _ d. Alteration of present patterns of circulation? _ X e. Impact to rail or air traffic? X f. Increased safety hazards to vehicles, bicyclists or pedestrians? X g. A disjointed pattern of roadway improvements? _ X h. Other? _ X City of San Bernardino Environmental Impact Checklist Page 14 Yes No Maybe 10. Public Services: Based on the responses of the responsible agencies or departments, will the proposal impact the following beyond the capability to provide adequate levels of service? a. Fire protection? _ X b. Police protection? _ X c. Schools (i.e., attendance, boundaries, overload, etc.)? _ X _ d. Parks or other recreational facilities? _ X e. Medical aid? _ X _ f. Solid Waste? _ X g. Other? X 11. Utilities: Will the proposal: a. 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? 1. Natural gas? _ X 2. Electricity? _ X 3. Water? _ X 4. Sewer? _ X 5. Other? X City of San Bernardino Environmental Impact Checklist Page 15 Yes No Maybe b. Result in a disjointed pattern of utility extensions based on review of existing patterns and proposed extensions. _ X 12. 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? X 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? X c. Other? X 13. Cultural Resources: Could the proposal result in: a. 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? _ X b. Alteration or destruction of a historical site, structure or object as listed in the City's Historic Resources Reconnaissance Survey? _ X _ c. Other? X City of San Bernardino Environmental Impact Checklist Page 16 14. Mandatory Findings of Significance Yes No Maybe (Section 15065) The California Environmental Quality Act states that if any of the following can be answered yes or maybe, the project may have a significant effect on the environment and an Environmental Impact Report shall be prepared. Based on this Initial Study: 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? _ X b. Does the project have the to the disadvantage of long- term, environmental goals? (A short-term impact on the environment.is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) _ X c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) _ X City of San Bernardino Environmental Impact Checklist Page 17 Yes No Maybe d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? _ X _ B. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES (SECTION 7) 1. Earth Resources Development Code Amendment No. 95-06 a-h. The amendment may result in the development of a service station in areas that may require substantial earth movement, development within an Alquist-Priolo Zone, modification of a channel, creek or river, or in areas subject to wind erosion, water erosion, land slides, mudslides or other similar earth hazards. The earth resources environmental constraints and concerns will be site specific and dependent upon the location of the specific proposal and its relation to specific environmental earth resources/hazards. Such issues will be addressed within the context of specific development applications prior to their approval pursuant to the provisions of the CEQA. Potential impacts are not significant. Conditional Use Permit No. 94-06 e. The proposed project is located within an area identified in Figure 53 of the General Plan as having high potential for wind erosion. The site is relatively flat. Therefore, little or no potential exists for slope erosion. The primary source for potential impacts will be bare soil exposed to high wind during grading and site preparation, potentially generating high amounts of dust and erosion/siltation. Since the overall final development and landscaping of the site will result in minimal soil exposure, long term impacts are expected to be insignificant. However, grading, site preparation, and project construction could result in the short term exposure of large areas of bare soil to high wind. Engineering Department Standard Requirements concerning compliance Section 7012(c) of the Uniform Building Code, and Planning Department Conditions of approval requiring cessation of construction operations and application of soil binders when wind velocities reach 20 mph or greater will reduce the short term potential impacts from grading and construction to a level of insignificance. 2. Air Resources Development Code Amendment No. 95-06 a-c. The amendment may result in the development of a service station that may result in substantial air emissions or that may have an effect upon ambient air duality. create obiectionable odors_ or result in City of San Bernardino Environmental Impact Checklist Page 18 concerns will be site specific and dependent upon the specific proposal and its location. Such issues will be addressed within the context of specific development applications prior to their approval pursuant to the provisions of the CEQA. Potential impacts are not significant. Conditional Use Permit No. 95-18 C. The proposal will result in the development of a service station with a convenience market within a high wind hazard area. Building Division Standard Requirements requiring design of the roof and structure of the dwellings to be developed on the site to withstand 80 mile per hour wind load, exposure C, will reduce potential impacts to a level of insignificance. 3. Water Resources Development Permit No. 95-06 a-e. The amendment may result in the development of a service station that may result in substantial changes in absorption rates and drainage patterns, alteration of the course or flow of flood waters, may result in discharge into surface waters, a change in quality or quantity of ground water, or result in the exposure of people or property to flood hazards. The water resource environmental constraints and concerns will be site specific and dependent upon the specific proposal and its specific location. Such issues will be addressed within the context of specific development applications prior to their approval pursuant to the provisions of the CEQA. Potential impacts are not significant. 4. Biological Resources Development Code Amendment No. 95-06 a-b. The amendment may result in the development of a service station that may result in the Biological Resources Management Overlay or that could result in the removal of viable mature trees. The biological resources environmental constraints and concerns will be site specific and dependent upon the specific proposal and its specific location. Such issues will be addressed within the context of specific development applications prior to their approval pursuant to the provisions of the CEQA. Potential impacts are not significant. 5. Noise Development Code Amendment No. 95-06 a-b. The amendment may result in the development of a service station that may result in noise impacts to noise sensitive uses nearby. Potential noise impacts will be dependent upon the specific proposal and its location in relation to noise sensitive land uses. Such issues will be addressed within the context of specific development applications prior to their approval pursuant to the provisions of the CEQA. Potential impacts are not significant. City of San Bernardino Environmental Impact Checklist Page 19 6. Land Use Development Code Amendment No. 95-06 a-c. The amendment does not propose any change in land use as designated in the General Plan. The amendment could result in the development of a service station in airport districts AD-H and AD-V. Such a proposal would be subject to the provisions contained in Chapter 19.12 of the Development Code, which addresses development within Airport Districts. The amendment will not result in development within any Foothill Fire Zone since none of the sites affected by the proposed amendment is located within the Foothill Fire Zone. Impacts as a result of development under the amendment will be project specific and dependent upon the proposed location with to land use hazards. Such issues will be addressed within the context of specific development applications prior to their approval pursuant to the provisions of the CEQA. Potential impacts are not significant. d. Available business registration data for service stations within the City was mapped by the City's Management Information Services Department and analyzed by staff. The analysis was conducted using the assumption that Development Code Amendment No. 95-05 had been approved or implemented to analyze the net effects of this amendment. Approximately 12 freeway intersections with major or secondary arterials affected by the proposed Development Code Amendment were identified (See Attachment B-2). From the analysis, it is estimated that one additional service station would be possible from the number allowed under Development Code Amendment No. 95-05 (see footnote Attachment B-2). This is because there are only two shopping centers of 10+ acres along a major or secondary arterial with a freeway off-ramp either within or near the Freeway Corridor Overlay. These shopping centers are the Wal-Mart shopping center at the northwest corner of Highland Avenue and State Highway 330, and the Hughes shopping center at University Parkway between Varsity Avenue and College Avenue near Interstate 215. The Wal-Mart Center has an outparcel within the Freeway Corridor Overlay adjacent to the freeway off-ramp and already meets the locational criteria for having a service station. Hence the Development Code Amendment No. 95-06 only creates the potential for the Hughes shopping center to have a station since it would not be allowed a station under either the current Development Code or Development Code Amendment No. 95-05. 7. Man-Made Hazards Development Code Amendment No. 95-06 a-c. The amendment will likely result in the use, transport, and storage of hazardous materials in the form of gasoline products. Impacts as a result of development under the amendment will be project specific and dependent upon the proposed location with to land use hazards. Such issues will be addressed within the context of specific development applications prior to their approval pursuant to the provisions of the CEQA. Potential impacts are not significant. Conditional Use Permit No. 94-06 a. The proposal will result in the transport, use, and storage of gasoline and petroleum products. Project r.mmnlinnrP_ with the fnllnui;no ,not nnnflit;nno e.F.,......... 1 .,.:11 _o.a...,_ .... a:_t •___— - t____t _t City of San Bernardino Environmental Impact Checklist Page 20 1. Prior to the issuance of building permits, plans for underground storage tank systems shall be reviewed and approved by the San Bernardino County Department of Environmental Health Services. 2. Prior to the issuance of building permits, the applicant shall be required to apply for a Hazardous Material Handler Permit, a Hazardous Material Generator Permit (if applicable), and Underground Tank permit. 3. Prior to Occupancy, the applicant shall obtain a "Business Plan" as defined in Chapter 6.95 of the Health and Safety Code. 8. Housing Development Code Amendment No 95-06 a-b. The amendment could result in the removal of existing housing. Such issues will be addressed within the context of specific development applications prior to their approval pursuant to the provisions of the CEQA. Potential impacts are not significant. 9. Transportation/Circulation Development Code Amendment No. 95-06 a-h. Individual projects proposed under Development Code Amendment No. 95-06 would be subject to review under the provisions of CEQA. The City Traffic Engineer will review all such projects on a case-by-case basis for impacts. Projects would be conditioned as necessary to prevent significant traffic impacts, once submitted. Conditional Use Permit No. 95-06 a-h. The City Traffic Engineer has reviewed the proposal and has determined that the additional vehicle trips resulting from the establishment of the use will not cause any significant impact on the adjoining street system. Total traffic volume will be less than the street design capacity. 10. Public Services Development Code Amendment No. 95-06 a-f. Specific proposals under the amendment may impact the capability of public service providers to provide adequate levels of service. Such issues will be addressed within the context of specific development applications prior to their approval pursuant to the provisions of the CEQA. Potential impacts are not significant. City of San Bernardino Environmental Impact Checklist Page 21 11. Utilities Development Code Amendment No. 95-06 a-b. Specific proposals under the amendment may impact the capability of public utility providers to provide adequate levels of service. Such issues will be addressed within the context of specific development applications prior to their approval pursuant to the provisions of the CEQA. Potential impacts are not significant. 12. Aesthetics Development Code Amendment No. 95-06 a-b. Specific proposals under the amendment could have aesthetic impacts. Such issues will be addressed within the context of specific development applications prior to their approval pursuant to the provisions of the CEQA. Potential impacts are not significant. 13. Cultural Resources Development Code Amendment No. 95-06 a-b. Specific proposals under the amendment could have potential impact on cultural resources. The potential for impacts will be dependent upon the specific proposal and its location in relation to noise sensitive land uses. Such issues will be addressed within the context of specific development applications prior to their approval pursuant to the provisions of the CEQA. Potential impacts are not significant. City of San Bernardino Environmental Impact Checklist Page 22 8. SUPPORTING INFORMATION 8-1 Draft Development Code Amendment Text 8-2 Service Station Intersection Analysis 8-3 Conditional Use Permit No. 95-18 Location Map 8-4 Conditional Use Permit No. 95-18 Site Plan, Floor Plans, and Elevations City of San Bernardino Environmental Impact Checklist Page 23 Attachment B-1 Draft Development Code Amendment Text Development Code Section 19.06.030(2)(0)(1) 1. New service stations shall be permitted only at the intersections of major and secondary arterials, and along major or secondary arterials with freeway o ramps within the Freeway Corridor Overlay District. A maximum of 2 service stations shall be permitte, at each intersection, or on each side of the freeway along a major or secondary arterial with a freeway o ramp within the Freeway Corridor Overlay District. For the purposes of this section, a parcel that is located at the corner of a major or secondary arterial and a street forming the boundary of the Freeway Corridor Overlay District may be considered part of the overlay for the purposes of developing a service station. A third service station may be pennined on one of the sides of the freeway only if it is developed on an outparvel that is pan of a multi-tenant shopping center of greater than 10 acres. The use shall not adjoin a residential land use district. City of San Bernardino Environmental Impact Checklist Page 24 Attachment B-2 DEVELOPMENT CODE AMENDMENT NO, 95-06 SERVICE STATION INTERSECTION ANALYSIS DCA 95-06 DCA 95-06* Number of Current Number Total Number of Net Number Intersection Offramps Stations Possible' Stations Possible Possible Statione I-10 Mountain View 1 2 2 0 Waterman Ave. 2 4 4 0 I-215 Orange Show Rd. 2 4 4 0 2nd Street 2 4 4 0 University Pkwy. 2 4 5 1 Palm Avenue 2 4 4 0 State Route 30 Highland Ave. 2 4 4 0 "E" Street 1 4 4 0 Waterman Ave. 2 2 2 0 Del Rosa Ave. 2 4 4 0 Highland Ave. 1 4 4 0 (Qa Arden) Highland Ave. 2 2 2 0 ((g? Boulder) TOTALS 42 43 1 ' Assumes Development Code Amendment No. 95-05 has been approved and implemented. z Ignores number of existing stations and only considers the potential for new stations created by this amendment. rw 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19 . 06. 030 (2) (0) (1) OF THE SAN BERNARDINO MUNICIPAL CODE 3 (DEVELOPMENT CODE) TO ALLOW SERVICE STATIONS AT CORNERS OF MAJOR AND SECONDARY ARTERIALS WITH A FREEWAY ON- OR OFF-RAMP AND A STREET 4 FORMING THE BOUNDARY OF THE FREEWAY CORRIDOR OVERLAY, AND AMENDING SECTION 19. 06. 030 (2) (F) (4) TO EXEMPT SERVICE STATION/CONVENIENCE 5 STORES FROM THE 1000 FOOT DISTANCE CRITERIA FROM AN EXISTING OR PREVIOUSLY APPROVED CONVENIENCE STORE. 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 7 ORDAIN AS FOLLOWS: 8 Section 1. Page II-114, Section 19. 06. 030 (2) (0) (1) of the San 9 Bernardino Municipal Code (Development Code) , is amended to read as 10 follows: 111. New service stations shall be permitted only at the 11 intersections of major and secondary arterials, and their 12 intersections with freeway off-ramps. A maximum of 2 service 13 stations shall be permitted at each intersection. A parcel that is 14 located at the corner of a major or secondary arterial with a 15 freeway on- or off-ramp and a street forming the boundary of the 16 Freeway Corridor Overlay District may be developed with a service 17 station provided that the parcel is part of a multi-tenant shopping 18 center 10 or more acres in size. A third service station may be 19 permitted on one of the two sides of the freeway only if one of the 20 three stations is part of a multi-tenant shopping center as 21 outlined in this section. The use shall not adjoin a residential 22 land use district. " [See Exhibit 1, (Page II-114 of the Development 23 Code) attached hereto and incorporated herein by reference] . 24 Section 2 . Page II-98, Section 19 . 06. 030 (2) (F) (4) , is amended 25 by adding at the end of the section the sentence, "Service stations 26 located within the Freeway Corridor Overlay pursuant to the 27 provisions of Section 19 . 06. 030 (2) (0) (1) of this Chapter, that 28 include a convenience store as an ancillary use, are not subject to 1 1 the 1000 foot distance restriction from other convenience stores. " 2 [See Exhibit 2 , (Page II-98 of the Development Code) attached 3 hereto and incorporated herein by, reference] . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 ON 1 ORDINANCE. .AMENDING SECTION 19 . 06. 030 (2) (0) (1) . . .TO ALLOW SERVICE STATIONS AT CORNERS OF MAJOR AND SECONDARY ARTERIALS WITH 2 A FREEWAY ON- OR OFF-RAMP AND A STREET FORMING THE BOUNDARY OF THE FREEWAY CORRIDOR OVERLAY, AND AMENDING SECTION 19. 06. 030 (2) (F) (4) 3 TO EXEMPT SERVICE STATION/CONVENIENCE STORES FROM THE 1000 FOOT DISTANCE CRITERIA FROM AN EXISTING OR PREVIOUSLY APPROVED 4 CONVENIENCE STORE. 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by 6 the Mayor and Common Council of the City of San Bernardino at a 7 meeting thereof, held on the day of 8 1996, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE 11 CURLIN 12 HERNANDEZ 13 OBERHELMAN 14 DEVLIN 15 POPE-LUDLAM 16 MILLER 17 18 Rachel Clark, City Clerk 19 The foregoing ordinance is hereby approved this day 20 of 1996. 21 Tom Minor, Mayor 22 City of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City ,Attorney 26 By: �- 27 28 3 . EDIT 1 COMMERCIAL DISTRICTS-19.06 13) Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recy- cling containers; 14) Signs shall be installed pursuant to Chapter 19.22 (Sign Standards). Additionally,the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; 15) No dust,fumes,smoke,vibration or odor above ambient level shall be detectable from adjacent residentially designated parcels; and 16) The facility shall maintain adequate on-site refuse containers for the disposal of non-hazardous waste. N. SENIOR CITIZEN/CONGREGATE CARE HOUSING STANDARDS Refer to Section 19.04.030 (2)(Q). O. SERVICE STATION (GASOLINE) STANDARDS Service stations are subject to a Conditional Use Permit and shall comply with the following standards: 1. New service stations shall be permitted only at the intersections of major and secondary arterials, and their intersections with freeway offramps. A maximum of 2 service stations shall be permitted at each intersection. A parcel that is located at the corner of a major or secondary arterial with a freeway on- or off- ramp and a street forming the boundary of the Freeway Corridor Overlay District may be developed with a service station provided that the parcel is a part of a multi-tenant shopping center 10 or more acres in size. A third service station may be permitted on one of the two sides of the freeway only if one of the three stations is part of a multi-tenant shopping center as outlined in this section. The use shall not adjoin a residential land use district. 2. The minimum parcel size shall be 15,000 square feet,with a minimum street footage of 100 feet on each street. 3. All activities and operations shall be conducted entirely within an enclosed structure,except as follows: a. The dispensing of petroleum products,water and air from pump islands. b. The provision of emergency service of a minor nature. EXMIT 2 COMMERCIAL DISTRICTS_19.06 E. BONUS HEIGHT Proposed structures within the CR-2 land use district shall have a maxi- mum height limit of 100 feet. This section provides a special incentive to increase the maximum allowable height limit up to 150 feet through a pro- gram which encourages such additional amenities as deemed desirable by the Commission. These amenities may include, but not limited to, the fol- lowing: 1. Mixed Use Developments (i.e., residential above commercial office and retail uses, restaurants, theaters, etc.); 2. Enhanced pedestrian activities; 3. Improved signage and additional landscaping; 4. ,. Additional parldng; 5. Ground level and second floor plazas; 6. Outdoor cafes; 7. Artistic Sculptures and aquatic amenities; and 8. Day care facilities. F. CONVENIENCE STORES The retail sale of groceries, staples, sudry items and/or alcoholic beverages where the gross floor area is less than 5000 square feet is subject to Conditional Use Permit review, and shall be constructed and operated in the following manner: 1. The minimum site area shall be 10,000 square feet. 2. The site shall have direct frontage along a major or secondary street. The site shall not have direct access on a local residential street. 3. One access drive may be permitted for each street frontage. The design and location of the access drive(s) shall be subject to the approval of the DRC. 4. No convenience store shall be located less than 1000 feet from an existing or previously approved convenience store, or an existing elementary, junior high school, or high school, as measured from 1 property line to another. Service stations located within the Freeway Corridor Overlay pursuant to the provisions of Section 19.06.030(2)(0)(1) of this Chapter, that include a convenience store as an ancillary use, are not subject to the 1000 foot distance restriction from other convenience stares 17 M EXHIBIT N0. 6 Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 Mayor and Common Council Meeting January 22, 1996 Page 8 ATTACHMENT 6-1 DEVELOPMENT CODE AMENDMENT FINDINGS OF FACT SUPPORTING APPROVAL 1. The proposed amendment is consistent with the General Plan in that the amendment provides for the continued use, enhancement, and new development of retail, personal service, office and related commercial uses along major transportation corridors and intersections to serve the needs of residents as addressed by General Plan Objective 1.19. The amendment accomplishes this by creating opportunities for service station/convenience markets to locate near freeway corridor on- and off-ramps leading to residential communities. By locating in these areas the service station/convenience markets will, for the convenience of City residents, provide convenient fueling and minor shopping in a single stop enroute to home or work, eliminating the need for multiple trips and stops. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, in that the amendment will permit up to two service stations to locate on each side of the freeway within the Freeway Corridor Overlay along a major or secondary arterial with a freeway off-ramp, subject to the approval of a Conditional Use Permit. Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 Mayor and Common Council Meeting January 22, 1996 Page 9 ATTACHMENT 6-2 CONDITIONAL USE PERMIT FINDINGS OF FACT SUPPORTING APPROVAL 1. The proposed service station facility is a conditionally permitted use within, and would not impair the integrity and character of the subject land use district and complies with all of the applicable provisions of the Development Code. 2. The proposed use is consistent with the General Plan, in that it is a permitted use in the CG-1, Commercial General land use district. 3. The proposed facility is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code in that and Initial Study was prepared and a Negative Declaration is proposed. 4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored, in that an Initial Study has been prepared for Conditional Use Permit No. 95-18, and a Negative Declaration has been proposed. All impacts have been properly mitigated through project Conditions of Approval. 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 service station facility is to be established 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, as addressed in the Initial Study. 6. The subject site is physically suitable the proposed facility, in that the site can accommodate the proposed use in compliance with all applicable Development Code Standards. 7. There are adequate provisions for public access, water, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the no all agencies responsible for providing those services have reviewed the project and none have indicated any inability to provide the necessary services. EXHIBIT 7 Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 Mayor and Common Council Meeting January 22, 1996 Page 10 CONDITIONS OF APPROVAL Conditional Use Permit No. 95-18 1. Within two years of development approval, commencement of construction on improvements 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. Project: Conditional Use Permit No. 95-18 Expiration Date: (Two years from the effective date of DCA No. 95-06) 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant one time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. 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. 4. 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 Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 Mayor and Common Council Meeting January 22, 1996 Page 11 action, but such participation shall not relieve applicant of his or her obligation under this condition. 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. 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 lightning 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. The developer is to submit a complete master landscape and irrigation plan (five copies) to the Public Works Department with the required fee for review. The landscape plans will be forwarded to the Parks, Recreation and Community Services and the Planning Division for review. (Note: The issuance of a building development permit, by the Department of Planning and Building Services, does NOT waive this requirement.) No grading permit(s) will be issued prior to approval of landscape plans. The landscape and irrigation plans shall comply with the "Procedure and Policy for Landscape and Irrigation" (available from the Parks Department), and comply with all applicable provisions of Chapter 19.28 (Landscaping Standards) of the Development Code effective on the date of approval of this permit. Trees are to be inspected by a representative of the Parks Department prior to planting. 8. This development shall be required to maintained a minimum of 19 standard off-street parking spaces as shown on the approved plan(s) on file. 9. Prior to the issuance of building permits, plans for the underground storage tank system Development Code Amendment No. 95-06 and Conditional Use Permit No. 95-18 Mayor and Common Council Meeting January 22, 1996 Page 12 shall be reviewed and approved by the San Bernardino County Department of Environmental Health Services. 10. Prior to the issuance of building permits, the applicant shall apply for a Hazardous Material Handler Permit, a Hazardous Material Generator Permit (if applicable), and Underground Tank Permit. Contact the County Department of Environmental Health Services at (909) 387-3080. 11. Prior to occupancy, the applicant shall file a "Business Plan" as defined in Chapter 6.95 of the Health and Safety Code. 12. Plans for the food facility shall be submitted to the Department of Public Health, Division of Environmental Health Services, Food Section. Call (909) 387-4608. 13. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Public Works (Engineering) Department b. Building Services Division of the Planning and Building Services Department C. Water Department d. Fire Department STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. /6 CITY ENGINEER & DC4 95-06 DESCRIPTION: MOB/L GAS STATION HEARING DATE AND CON( FE YCESTOFIE" AGENDA ITEM LOCATION: WEST SIDE OF UWY,EAS/TY PA/WWAY. NORTH SIDE YAASITYAI/E PAGE NO: ♦ 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) Applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 5 acres of more of land. c) An Erosion Control Plan shall be approved by the City Engineer prior to grading plan approval. 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. 2. Grading 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. Page 1 10/2/95 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP951 18 CITY ENGINEER & DCA 95-46 DESCRIPTION: Afa&L GAS STAT/ON HEARING DATE AND CONt/EN/ENCESTORE AGENDA ITEM LOCATION: WEST S/DE OF UNIVERSITY PARKWAY. NOWTHS/DE VAi4517*YAVE PAGE NO: b) 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"). c) The fueling area surface and the parking areas adjacent to the building shall be constructed of PCC concrete pavement. d) The on-site Improvement Plan shall be approved by the City Engineer. Site Design shall comply with all requirements of The California Building Code, Title 24, relating to handicap parking and accessibility, including retro- fitting of existing building access points for handicap accessibility, if applicable. e) A handicap accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet . Where parking overhangs the pathway, the minimum paved width shall be 6 feet. f) A reciprocal easement shall be recorded prior to grading plan approval if reciprocal drainage, access, sewer, and/or parking is proposed to cross lot lines. g) 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. h) Separate sets of Landscape Plans shall be provided for the existing Landscape Maintenance District, if modifications to the District's landscaping is necessary. Page 2 10/2495 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 95-18 CITY ENGINEER & OCA 95-05 DESCRIPTION: MOBIL GAS STATION HEARING DATE AND CON I/ENIENCESTORE AGENDA ITEM LOCATION: WESTSIDEOFUNIVERSITY PASKWA Y_ NORTH SIDE VARSITYAVE PAGE NO: i) 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. This easement and covenant shall be executed by the property owner prior to plan approval unless otherwise allowed by the Director of Public Works/City Engineer. 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 it can be served by the City or the agency providing such services in the area. c) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. Sewer systems shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. d) Utility services shall be placed underground and easements provided as required. Page 3 1012195 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CV-R95-16 CITY ENGINEER & ,CCA 95-06 DESCRIPTION: MO8/L GAS STATION HEARING DATE AND CONi/ENIENCESTORE AGENDA ITEM LOCATION: WEST S/DE OF LMLIERS/TY PARKWAY. NORTHS/DE VARS/TYAVE PAGE NO: e) All existing overhead utilities adjacent to or traversing the site on either side of the street shall be undergrounded in accordance with Section 19.20.030 of the Development Code. f) 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. g) Construct sidewalk adjacent to the site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb), if missing. h) 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. i) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2, if missing. 4. Required Engineering Permits a) Grading permit(If applicable.). b) On-site improvements construction permit(except buildings - see Planning and Building Services), including landscaping. c) Off-site improvements construction permit. Page 4 10/2/95 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUPS,->8 CITY ENGINEER & DCA 95-06 DESCRIPTION: MOBIL GASSTAT/ON HEARING DATE AND 00A(VE 61 FACE S70RE AGENDA ITEM LOCATION: WESTSIDEOFUN/t/ERSITY PARKWAY. NORTH SIDE VARSITYA!/E PAGE NO: 5. Applicable Engineering Fees' a) Plan check and inspection fees for off-site improvements - 4% and 4%, respectively, of the estimated construction cost2 of the off-site improvements. b) Plan check and inspection fees for on-site improvements(except buildings - See Planning and Building Services) - 2% and 3%, respectively, of the estimated construction costa of the on-site improvements, including landscaping. c) Plan check and inspection fees for grading Of permit required) - Fee Schedule available at the Engineering Division Counter. d) Drainage fee in the approximate amount of $5,124 . Based on 46,374 Square Feet @ $ 0.379 per square foot for the first 3,000 square feet of impervious lot area (estimated as 46,374-12,662=33,712 SF per Site Plan), then $ 0.130 per square foot of remaining impervious lot area or fraction thereof. e) Traffic system fee in the estimated amount of $17,456 . Based on 1 ,156 trips per day c@ $ 15.10 per new trip generated by the project. Exact amount shall be determined by the City Traffic Engineer at time of application for Building Permit. 'All Fees are subject to change without notice. 2Estimated Construction Cost for Off-Site Improvements is based on a list of standard unit prices on file with the Department of Public Works/City Engineer. 'Estimated Construction Cost for On-Site Improvements is based on a list of standard unit prices on file with the Department of Public Works/City Engineer. Page 5 10/2/95 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 9�>8 CITY ENGINEER & DCA 95-06 DESCRIPTION: AfOB/L GAS STATION HEARING DATE AND CON YEA YENCESTORE AGENDA ITEM LOCATION: WEST S/DE OF UNIVERSITY PARKWAY. NORTH S/DE t/ARS/TYA f/E PAGE NO: f) Sewer Connection fee in the approximate amount of 214 Based on 1 ,872 Square Feet of Bldg Area @ $ 214.30 per 3,000 square feet or fraction thereof. g) Sewer inspection fee in the amount of 18 . Based on 1 connections 18.07 per connection. h) Street or easement dedication processing fee in the amount of 200.00 per document (if dedication by separate document is required). Page 6 10121195 Conditional Use Permit No. 95-18 Agenda # Hearing Date: 12-12-95 Page 1 of 2 BUILDING DIVISION STANDARD REQUIREMENTS 1. Submit plans prepared by a Registered Building Architect or Civil or Structural Engineer. 2. Submit a complete lateral and structural analysis prepared by a Registered Civil or Structural Engineer or Architect. 3. Submit State of California Title 24 Energy Calculation Forms for non-residential buildings including a signed compliance statement. 4. Submit calculations a structural drawings, prepared by a Registered Civil Structural Engineer or Architect. 5. Submit five (5) complete sets of construction plans including: (a) Copy of conditions (3) (b) Soils report and/or liquefaction report (3) (c) Energy Calculations (3) (d) Structural Calculations (3) 6. Submit a preliminary soils report prepared by a person licensed to do so. 7. Submit a single line drawing of the electrical service. Show all equipment, conduit and wire sizes and types. Show the service ground size and grounding electrode. 8. Submit panel schedule(s) and electrical plans. 9. Submit a plan of the heating, ventilating or air conditioning system. (Clearly identify the location and rating of the equipment and the sizes and material of all ducts, registers and the location of all fire dampers). Show means of providing mechanical ventilation as required by the 1991 Uniform Building Code. 10. Submit gas pipe loads, sizing calculations and isometrics. 11. Provide a plot plan showing the location of the proposed sewer system. 12. Submit isometric plans of cold and hot water and drain waste and vent systems. Conditional Use Permit No. 95-18 Agenda # Hearing Date: 10-17-95 Page 2 of 2 13. Show compliance with Title 24 for the physically handicapped in the following: Path of travel to building. restrooms, and all exits. 14. Submit plans approved by the County Health Department. 15. For structures located within high wind areas: a. Design structure, including roof covering, using 80 mph wind load, Exposure "C". 16. City of San Bernardino named as certificate holder for Worker's Compensation Insurance. 17. Assessor's Parcel Number. 266-591-18 18. Contractor's City license. 19. Contractor's State license. 20. Sewer capacity rights from Water Department, 384-5093, Neil Thomsen. 21. School fees from Unified School District, 381-1179. 22. Other: Plan Check time is approximately 5 to 6 weeks Expeditious Plan Check time is approximately 10 working days. Contact Development Services for possible exMitious review at 384-5071. 23. Deposit: $700.92 24. Provide waste water approval. AAJ 2L,&-r29I - tg SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STANDARD REQUIREMENTS Review of Plans: V C-A 95• 06�;, cUr Date Compiled: 1 95 Owner/Developer: G, K, Compiled By: P,J, I..ET 50„/ Type of Project: 67A5 5-/-xT7c^/ C'ynl✓6JlE,1,/L'G 57D,e6 Number of Units: Location: Coe' ✓A2S,7Y AyCAIL)C A,JD LWi'/GE5i7Y PA��klA WATER DEPARTMENT ENGINEERING: Contact: PAUL- L6-150"i Phone: '3 fit- `7 35 I Fax: 3 8,1 !!5,�5 Z__ Note: All Water Services are Subject to the Rules& Regulations of the Water Department. ❑ Size of Main Adjacent the Project: 17 1? 1.19 I,j VAZS,2- AV640 E o A-t,e46 zcrr t ❑ Approximate Water Pressure: (O Elevation of Water Storage: OZo FT Hydrant Flow @ 20 psi: (1(N4 ❑ Type, Size, Location, and Distance to Nearest Fire Hydrant: U " 4AIG WAY' W/5'71bA'"6e Oti1 V.425/7-Y ,Ad6.JVt—:; AOJA C.,JT Td Si 72< ❑ Pressure Regulator Required on Customer's Side on the Meter. ❑ Off-site Water Facilities Required. ❑ Area Not Served by San Bernardino Municipal Water Department. ❑ Comments: WATER QUALITY CONTROL: Contact: �L_L:'y\ �v-y-L-e— Phone: -3 1 00 (P Fax: 61 6 P.P. Backflow Device Required at Service Connection. ❑ Double Check Backflow Device Required at Service Connection. ❑ Air Gap Required at Service Connection. ❑ No Backflow Device Required at This Time. ENVIRONMENTAL CONTROL/INDUSTRIAL WASTE: Contact: Phone: Fax: Note: No Regenerative Water Softeners May be Installed. ❑ Industrial Waste Permit Required. • Grease Trap Required. • Pre-treatment Required. SEWER CAPA TTY INFORMATION: Contact Phone: _.5:f4 093 Fax: Note: Proof of Payment Must be Submitted to the Building& Safety Department Prior to Issuance of the Building Permit. ❑ No Sewer Capacity Fee Applicable at This Time. 0-11ewer Capacity Fee Must Be Paid to the Water Department for Gallons Per Day, Equivalent Dwelling Units: , 33 ❑ Subject to Recalculation of Fee Prior to the Issuance of Building Permit. Breakdown of Estimated Gallons Per Day: _ &Aywima JAr-)f`ju SMM h 1,07d S l L C5 - 94 STDREQU12.FRM(4/94) CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case: CSC/►' Date: /D S= `jyS Reviewed By: A/0 l L /�-1/rtJ/-�-/,9 � v�t,�i v�,rzs i�-Y—h�vG l-� �1�.� 7 ��-, ��F- GENERAL REQUIREMENTS: Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan check. Contact the City of San Bernardino Fire Department at (909) 384-5388 for specific detailed requirements--SEC XJO 7-G�7 ❑ The developer shall provide for adequate fire flow as computed by the Fire Prevention Bureau. Minimum fire flow requirements shall be based on square footage, construction features, and exposure information supplied by the developer and must be available prior to placing combustible materials on site. WATER PURVEYOR FOR FIRE PROTECTION: ❑ The fire protection water service for the area of this project is provided by: ❑ San Bernardino Municipal Water Department- Engineering (909) 384-5391 ❑ East Valley Water District- Engineering (909) 888-8986 ❑ Other Water Purveyor: Phone: PUBLIC FIRE PROTECTION FACILITIES: ❑ Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and multi-residential areas and at intervals not to exceed 500 feet for residential areas. ❑ Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas. Minimum fire hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residential areas. ❑ Fire flow requirements may be met from the combined flow of two adjacent fire hydrants. Fire flow requirements may be adjusted, as deemed appropriate by the Fire Department, based on individual site specific conditions and available mitigations. ❑ Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Department in conjunction with the water purveyor. Fire hydrant materials and installation shall conform to the standards and specifications of the water purveyor. ❑ Public fire hydrants, fire services, and public water facilities necessary to meet Fire Department requirements are the developer's financial responsibility and shall be installed by the water purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional information. ACCESS: ❑ Provide two separate, dedicated routes of ingress/egress to the property entrance. The routes shall be paved, all weather. ❑ Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface of not less than 20 feet of unobstructed width. ❑ Extend roadway to within 150 feet of all portions of the exterior wall of all single story buildings. ❑ Extend roadway to within 50 feet of the exterior wall of all multiple-story buildings. ❑ Provide "NO PARKING" signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less than the required width. Signs are to read "FIRE LANE-NO PARKING -M.C. Sec 15.16". ❑ Dead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround. ❑ The names of any new streets (public or private) shall be submitted to the Fire Department for approval. SITE: ❑ All access roads and streets are to be constructed and usable prior to combustible construction. ❑ Private fire hydrants shall be installed to protect each building located more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any exterior wall. The hydrants shall be Wet Barrel type, with one 2'/2 inch and 4 inch outlet, and approved by the Fire Department. Fire hydrants shall be designated as a "NO PARKING" zone by painting an 8 inch wide, red stripe for 15 feet in each direction in front of the hydrant in such a manner that it will not be blocked by parked vehicles. BUILDINGS: Address numerals shall be installed on the building at the front or other approved location in such a manner as to be visible from the frontage street. Commercial and multi family address numerals shall be 6 inches tall, single family address numerals shall be 4 Inches tall. The color of the numerals shall contrast with the color of the background. ❑ Identify each gas and electric meter with the number of the unit it serves. Fire Extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A 10B/C. Minimum distribution of fire extinguishers must be such that no interior part of the building is over 75 feet travel distance from a fire extinguisher. ❑ Apartment houses with 16 or more units, hotels (motels) with 20 or more units, or apartments or hotels(motels) three stories or more in height shall be equipped with automatic fire sprinklers designed to NFPA standards. ❑ All buildings, other than residential, over 5,000 square feet, shall be equipped with an automatic fire sprinkler system designed to NFPA standards. This includes existing buildings vacant over 180 days. ❑ Submit plans for the fire protection system to the Fire Department prior to beginning construction of the system. ❑ Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to start of construction. ❑ Provide fire alarm (required throughout). Plan must be approved by the Fire Department prior to start of installation. ❑ Fire Department connection to (sprinkler system/standpipe system) shall be required at Fire Department approved location. Note: The applicant must request, in writing, any changes to Fire Department requirements. ADDITIONAL INFORMATION: S�ST/9L(AT�0,1_1 DF UST A ,-k vlel,�:) PC'7.u1 �- FPB 170(11-94) EXHIBIT 8 REVISED DEVELOPMENT CODE AMENDMENT NO 95-05 SERVICE STATION INTERSECTION ANALYSIS DCA 95-05 DCA 95-05* Number of Current Number Total Number of Number of Net Number On-ramps (Net Increase) Intersection Off-ramps Stations Possible Stations Possible Stations Possible Stations I-10 Mountain View 1 1 2 1 1 (1) Tippecanoe St. 2 2 2 2 0 (0) Waterman Avenue 1 1 1 0 1 (0) Hospitality Ln. 2 2 2 0 2 (0) Redlands Blvd. 1 2 2 0 2 (0) "E" Street 1 2 2 0 2 (0) I-215 Orange Show Rd. 4 4 4 3 1 (0) Inland Ctr. Dr. 4 4 4 0 4 (0) Mill St. 1 0 2 0 2 (1) "I" Street 2 2 2 0 2 (0) 2nd Street 3 3 3 1 3 (0) 5th Street 5th Street has no direct off-ramps - they both let off at 6th Street, which is not a major or secondary arterial Base Line St. Base Line Street has no direct off ramps "H" Street 2 2 2 0 2 (0) 27th Street 4 2 2 0 2 (0) University Pkwy. 4 4 4 3 1 (0) Palm Avenue 4 4 4 2 2 (0) DCA 95-05 DCA 95-05* Number of Current Number Total Number of Number of Net Number On-ramps (Net Increase) Intersection Off-ramps Stations Possible Stations Possible Stations Possible Stations State Route 30 Highland Ave 2 2 2 0 2 (0) (W of I-215) Highland Ave. 4 4 4 2 2 (0) (E of I-215) "E" Street 2 0 0 0 0 (0) Waterman Ave. 4 2 2 2 0 (0) Del Rosa Ave. 4 2 2 3 0 (0) Highland Ave. 3 2 2 1 1 (0) (@ Arden) Highland Ave. 2 1 1 0 1 (Ol (Q Boulder) TOTALS 56 47 51 20 32 (2) * DCA 95-06 would add 1 additional potential station site to the DCA 95-05 total. The Hughes Market Shopping Center and Wal-Mart Shopping Center are the only centers that meet the criteria of DCA 95-06 and the Wal-Mart Center meets current code criteria to construct a service station. JAN-16-1996 08 51 R.H. LEE - LA HABRA 310 902 8026 P.01 ' AN ESOP COMPANY ROBERT H, LEE & ASSOCIATES, ARCMTECTURE ENGINEERING ENVIRONA�ENT1 SERVICES 1201 SOUTH BEACH BOULEVARD, Sv1TS 207 HABRA, CA 90631 PHONE 310-902-8023 FAx 310-902-8026 BRUCE J.GREENFIRLD Architcct s0-ftial Office Manger A9a0ciate January 12, 1996 �� sin tT ' rn_ JOHN W.JOHNSON Architect Ca-President J City of San Bernardino BRLiN F.Z"A Planning Dept. Architect CaPregldpp 300 N. 'D' St. �. JOHN B.HICiLR San Bernardino, CA 92418 Architect Vice President � ATTN: Mike Finn CECIL R.SPENCER Architect Vice President RE: INCA No. 95-06 and CUP No. 95-18 JAMES H.RAY Proposed Mobil Convenience Store Civil 8140neer 6Mobil Service Station #18-EPD How""°G•'m"''rt" AaaOCluc University 0I-215 GARY M 38ML1NG San Bernardino, CA . Architect Associate BLYTHE R.WUSON Dear Mr, Finn, Architect A"Odate On behalf of Mobil Oil Corporation, we, Robert H. Lee& Associates, respectfully request that our application for the above-referenced approvals be withdrawn. It has been a pleasure working with the city of San Bernardino and we look forward to working with you again in the future. If you have any questions, please give me a call at (310) 902-8023. Sincerely, ROBERT H. LEE & ASSOCIATES Eduardo Potter Job Captain cc: Jim Huntsberry, Mobil Oil / ah& Jerry Kittrell, C.K. Properties Greg Van't Hul, Brinderson r,( Alan Shimabukuro, RHL -� JAN 1 6 1990 CITY OF $AN FK�riNA.iDAO DEPARTMENT OF PLAN%MNQ & ILI) 1MATu=A. GA SACRAMENTO, CA BELLEVUE, WA PL'iALUMA• CA �� Jk '-16-1996 08:51 R.H. LEE - LA HABRA 310 902 9026 P.01 AN ESOP COMPANY ROBERT H. LEE & AssOCIATES, INC. ARCHITECTURE ENGINEERING ENVIRONMENTAL SERVICES 1201 SOUTH BEACH BOULEVAHn, Sum 207 LA HABRA, CA 90631 PHONE 310-902-8023 FAx 310-902-8026 BRUCE J.GREENRIK1,0 AYChitc�t - nm Scut Office Manger January 12 1996 ABEOCiate r JOHN W,JOHNSON Architect Co-presiWtat City of San Bernardino BRIAN F.ZMA Planning Dept. Architect C041res1dolt 30a N. 'D' St. JOHN B.HICX13 San Bernardino, CA 92418 Architect Vim President ATN: Mike Finn CECIL R.9PEYCER "T Architcct Vice Prnidenl RE: DCA No. 95-06 and CUP No. 95-18 JAMES H.RAY Proposed Mobil Convenience Store Civil En6 nm OMobil Service Station #18-EPD HUN'ARU G.,cntn.,R.. Aewgatc University (aI-215 GARY M.38MLING San Bernardino, CA Architect Anwialc RLYTHE R,WHSON Dear Mr. Firm, Architect AJeocistc i On behalf of Mobil Oil Corporation, we, Robert H. Lee &Associates, respectfully request that our application for the above-referenced approvals be withdrawn. It has been a pleasure working with the city of San Bernardino and we look forwatd to working with you again in the future. If you have any questions, please give me a call at (310) 9028023. Sincerely, Entered into Record at CouncillCmyDevCms Mtg: /2-.)-A C", ROBERT H. LEE & ASSOCIATES by C , re Agenda Item Eduardo Potter Job Captain cc: Jim Huntsberry, Mobil Oil City CIerkICDC Secy Jerry Kittrell, C.K. Properties City of San Bernardino Greg Van't Hui, Brinderson Alan Shimabukuro, RHL _�- JAN 1 6 1196 11 CITY OF $AN � HNr:,,DAO DEPARTMENT OF?LAN-,J;iJCi & ILI) MARwTTA, GA SACRAMENTO, CA BELLEVUE, WA PETALUMA, CA