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~i~~ OF SAN BERNARDI~~EQ~ST FOR COUNCIL A~ION
From:
Larry E. Reed, Director
OcFi"r-; _ ,~n",-f;J.-~_ ""rr-
.,.... >J Or 0 r. -...i ; : laabj8tt:.
Variance Number 89-3
Dept:
!-",:-^,..., t",. ~_ !:.t)" ~,j
Planning and 8uilding Services .J'-',' -'-' ", :i'.:c; Mayor and Council Meeting
of June 18, 1990
Date:
June 4, 1990
Synopsis of Previous Council action:
On May 16, 1989, the Planning Commission, by a vote of 6-0, denied
Variance Number 89-3.
On June 19, October 16, November 20, and December 18, 1989, the
Mayor and Common Council continued the item on the appeal. On
December 18, 1989, the item was continued until June 18, 1990.
Recommended motion:
That the hearing be closed; that the appeal be denied, and that
Variance Number 89-3 be denied subject to the Findings of Fact
contained in Attachment C.
~~
ignature
Larry E. eed, Di rector
Contact person: Larrv E. Reed. Di rector
Phone:
(714) 384-5071
3
Supporting data attached:
Staff Report
Ward:
FUNDING REOUIREMENTS:
Amount: N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75.0262
Agenda Item No._0:J.1
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~I~~ OF SAN BERNARDIN~ - REQ~ST FOR COUNCIL ~ION
STAFF REPORT
subject: Appeal of planning commission Denial Of
Variance Number 89-3
Mayor and Common Council Meeting of June 18, 1990
REOUEST
The applicant, Econolodge, is appealing the
Planning commission of Variance Number 89-3.
requests the Mayor and Common Council to
denial and approve the Variance.
denial by the
The applicant
reconsider the
BACKGROUND
On December 18, 1989, the applicant requested the Mayor and
Common Council to approve, for a period of six (6) months, a
variance to enable construction of a parking lot (Review of
Plans Number 89-49, approved by the Mayor and Common Council
on December 18, 1989) using slag instead of the required
asphalt. The purpose of the temporary variance was to allow
for installation of curb, gutter, driveway and landscaping
improvements which is Phase I of the project. Phase II of
the project, the asphalt paving, was to occur at the end of
the six (6) month period, after business had been increased
which was to provide revenue to cover the expense of paving.
Based on a recommendation from the city Attorney's Office,
rather than approve the variance for a six (6) month period,
the Mayor and Common Council continued the variance for the
six (6) months to allow the phased construction of the
parking lot. The recommendation was based on the position of
the Attorney's Office, that mandated findings (SBMC
19.74.010) could not be made. To this date, no improvements
have been made on the site.
On February 2, 1990, a grading plan was submitted to the
Engineering Division of the Public Works Department. The
City requested an easement for drainage be granted to the
city. The applicant has not cooperated with the request and
grading permits have not been issued.
OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL
The Mayor and Common Council may uphold the appeal and
approve Variance Number 89-3 based on the Findings of Fact
contained in Attachment B; or may deny the appeal and deny
Variance Number 89-3 based on Findings of Fact contained in
Exhibit C.
75.0264
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"C
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Page 2
Request For Council Action
Variance. Number 89-3
RECOMMENDATION
The staff and Planning
Common Council deny the
based on the Findings of
commission recommend the Mayor and
appeal and deny variance Number 89-3
Fact contained in Exhibit C.
Prepared by:
~k-..
Sandra Paulsen, Senior Planner
for Larry Reed, Director
Planning and Building Services
Attachments:
Exhibit A -
Exhibit B -
Exhibit C -
Letters of Appeal
Findings of Fact for Variance Number 89-3
Approval
Findings of Fact for Variance Number
Denial contained in the Statement of
Planning commission Action of May 16,
for
89-3 for
Official
1989
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May 30, 1989
"S$! f:,.: 31 F:? :15
Mayor ~r.c Co~~on C:unc~:
C~ty 0: Sa~ Ee~~a=~~~o
300 Sc=~h "0'1 S:~ee:
Sa~ 3e=~a==~~o, Cn 92~18
Re: Var~a~ce So. 89-3
?:ease e==e?t t~~s as O~= a~?eal of the C~:y ?la~~ing
Co~~~ss~on's cec~sion 0: May l6:~, 1989 regarding !:e~ ~o. 11,
Variance ~o" 89-3.
~e a=e 2?pealinq t~~s ce=:s:o~ :or the :ollo~ing reasons:
1. A~o~=x:~a~ely 82\ 0: ~~2 su~ject p=o?e=~y ~s loca:ec
N~t~~~ t~e Sa~ Jac~~~o :a~l: Zone, where for hea~th and
sa:e:y =easo~s, ~o s:=~=~~=es can be built.
2. A: t~e presen: ti~e, p=~?e=:y owners to the ~orth are
allowed t~ park a~to~obi:2S on cirt sho~lde=s located an
the eas~ side a: Ca~ino Real.
3. Dust presently orig~na:ing from the subject property,
wil: be ~~tiga:ec by sur:acing with a non-toxic and non-
cc==~si'le slag. All s~::ac~~g ~aterials will be com?a:ted
to a ~~~i~~~ re:a:~ve co~?a=:~on of 951.
4. Lc~~ te=~ ?la~ is to pave and stripe t~is area o~ce
bus~~ess :5 bui~: u~.
~~a~~ YCU :or you: a~ticipatec courtesy~
Since:::ely.
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ee: ~=rr'""c./ :"l'lIe :' ..~C one 1-2~.5
Cr::::r"r;e S~Cw ftcc:::. EIII on '-21.5
Sc~ :e":"'c~cl~.O. CA ;2~08
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!-fAY 10. 1989
~~ 1'0 ;.J..:. C-'11'!!:::::E ~~ ;.-;0 COl;';Cn. ~~ OF '::-tE ern OF SA.'l
B~:;'_:O~:O. :'J ,~.???C\,.:: ;"??'_!O'::CN FOR 1J;.iJ...~~c=. 4 89-3,
The ci:y of
Sa;: 3e:-:-.a:c.:...-.o is :oosi:.g visi:ors a;:d busi..-:ess clien:e;,e
:-.:::e:5 :::l Ri:Je:-siee, Rec.!.anes ar..c :~=ana. :':e have
~+'o 5 :ay
ex;:::..==ec a :'.e".... ::,?e '::l: c!.ie:::e:e a::c :-..a~....e :Ol.::.C a vast =.a=ket ....ri:........
lcr.g-::z..ll ~.:C:<ers Celive:-:'..-.g gooCs :0 t.':e L.u.a::-.c :.-:pire area.
He :-oz.....e t..":e ?c:e..~~:.a:.. to r:~S=: :r,X. ~;:::t"::S :OR Tr:E C:TY by
provi=.L...g ~.:c..< parki...-.g facilities a: our hotel by usir.g tr.e pro-
posee site '~:-.:.c..': '..:e :-.ave Cl'ooned s:'......ce purc~sL...g t.':e hotel in 1984; t:-.e
p:-c?e:-:y is a::".c "",-as a ?a:: of :...'-.e ::ocel. 't:e ce aJpeal:...~ to all
t.':e ~~be:'s 0: ~':e app:-oval c~i::ee to ccnsiCe:' our applicaticn
ar:d approve .-
'Ihe ::c:el ",..,..:oys 40 people or. a year rCU'.d basis and proc!uces a
pay:-o!.l 0: s-...:bs:a:ntial ::tX'be:s ....+i.c-~ i., tt.-.orn is spent 1.-. our c:arc..ni:y.
The roOtel oCC'.;;Jancy tax at = ::otel is new approxi:nately 580,000 per
yea.:- a:-:c ."",'i:: :...-.c:-ease signi::.ca=::~:' ....1.:..~ ou= a~i!.ity to accmoC.ate
'additional ~~~rs.
It -",;i:: be =c::-e Ci::ieJ1: for ct.=' :-.oc:el t.o c:-ea::e ne."l ~i.~ss .+.e:l
Nor:= Air Fcrce Sase is closed. :::e r:e'.r Visi:ors and Convention
Bt..=ea-..; :.s r:::::..-.g :0' L.-:.c:-ease en: cu.s:....-:.ess, t::ri..~ to gi.~~e :-easons
and justify .~t-.y t.".ese people =:: stay in San Be:-:-.ardir.o and spero.d
their ::r:mey L"l our local econcc:y.
There is roO :-.otel' - ~an !ler.'.a:::i.-.o t::a:: i'.as t.':is size 0: valua~le
l~c :::> ac::::-::n::::.a:.e =-~.e ::",..:ck ;:a=k:...-.g =0:- g..:escs st.ayi:.g at c~ ~tel.
t.-.~e :ee: ...,~ :-:ee: ::> :e ?e=l.::e: :0 ?:'oceed ...."ic..'"'.. C1: ?lr-s to de",~lc?e
t.':.e ?rki.-.g 10:.
=::::"c ::lcr;;e Cor~ere"ce Ce",~e'
:C: :Olr'NOY :m,.e :::r I.~O c~c '.2~.5
Cro"r;;e Shew ~Cd, eXit en '.215
Son ger"crc'''O, CA Q2<!Oe
7'<! :125.7750
1.aC:.::.EC:lNO NCflor,Wlce ;(eser.,c~;crs
E(Ono
Lodge.
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We feel _ can increase our share of the market to attract :rore
r:::affic to ot.=" ~.otel since we have easy-on, easy-off exi.t/entr'1
?Oi..-::s c-..:e ::l = ac-/antagious location at the intersection of
1-:'J ~C :-2!5, ....,t.i=..'-: re ::,.ai..~ a...-cerials ccnnec::..--:.g eas: and -:--esc
en 1-10. ar:::! r:ort.". a::e sout.". on 1-215.
By ::c:..-..g so ~....e :-.ave a ,?cce::t::.a'1. to lnc:"ease au::' ::1.:Si...~ess =y 20:
r.e create ::ore jobs a::e also kee? our facility open and i.."l operati=.
ar:c ~ot ~2ve to close Q7~n our facility due to fi..~cial ?robl~~
ene/or diffic..:hies. we ~d like to sustain 01Z business and be
par: of a g-=~~i.."1g ecor.a::y and hel? t.'1e city collect mre tax revent.:es.
T.-:.is r.otel has also bee."l able to serve t.".e local ::=ket by providi.ng
en eccr-.a::y b~q;et h_""'<"-=y property -...i.e." ::leeting end banC;1.:et facilities.
en e-.te::-:a:=.e:-:: lCI:.ge, am! a hCC'l for the f=~ radio stations
KF:~ ar:c :OLD.
we ...'ill ver;' ='". appreciate your approval on a cor:ditional basis
as su~~ttee currently.
I ~.ope you ...'ill approve = application and help ~ s~Jive!
~.ay I COl.:lt or: your support?
S~cerly Yct.="s,
Vb(~
V.I<. Shah
Ger.eral Mar.ager
Ec:r:o L=cge C:nre'ence Center
60a Fairway :;"ve or '.10 ono '.215
Cro'"'ge Shcw Rooo. EXIt on 1.215
Son 3ernoroino. CA 92403
714 325.7750
l-SOO.SS.:CCNC Norionw'oe 1eser\lOtlcns
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CITY OF SAN BeRNARDINO PLANNINu DEPARTMENT
CASE Variance 89-3
FINDINGS of FACT
AGENDA ITEM
HEARING DATE 12-18-89
PAGE
1
x
2
x
3
x
4
x
5
x
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There are exceptional or extraordinary circ~~stances or
conditions applicable to the property involved, or to
the inte~ded use of the prope=ty, whic~ do ~ot apply
genera::y to ot~er property in the sa~e zoning district
and neighborhood in that the proposed use is an experiment
of feasibility in relation to a motel.
The variance is necessary for the preservation and enjoy~ent
of a substantial property right of the applicant in that
the feasibility experiment will demonstrate the viability
of building a parking lot for semi-trucks so that the driver
can make use of the facilities provided by t~e motel.
The granting of the variance will not be materially detri-
~ental to the public welfare or injurious tc property
and improvements in the zoning district and neighborhood
in whic~ the property is located, in that increased dust
levels will not i~pact air quality and traffic safety.
The granting of such variance will not be contrary to the
objectives of the General Plan, in that the public health
and safety and the aesthetics of a City "gateway" and
Redevelopment area will not be adversely impacted.
The land use project identified in Variance Xo. 89-3
and Review of Plans No. 89-~9 is consistent with the
General Plan adopted by the Hayor and Council on
June 2, 1989, in- that the area is designated CG-1,
General Commercial, and the parking lot is a permitted
use in that designation.
"r
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..,.EXHIBIT C.
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City of San Bernardino
-.J.
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
..
PROJECT
NUmber:
VARIANCE 89-3
Applicant:
~.P. Ra~a for the JHM Inland E~pire Inc.
ACTION
Meeting Date: May 16, 1989
Approved Adoption
Request Subject to
Fact, Conditions
Requirements.
of Negative Declaration and
the Following Findings of
of Approval and Standard
x
Denied.
Other.
FINDINGS OF FACT
1. There are no exceptional or extraordinary circumstances
or conditions applicable to the property involved, or to
the intended use of the property, which do not apply
generally to other property in the same zoning district
and neighborhood in that the property is flat and of
adequate length, width and area to develop a parking lot
which meets San Bernardino Municipal Code requirements.
2. The variance is not necessary for the preservation and
enjoyr.ent of a substantial property right of the appli-
cant in that all other properties are subject to the
same restrictions and there is nothing unique to this
property which .renders the restrictions unequitable. The
property can be used for a parking lot if provided with
appropriate improvements.
3. The granting of the variance will be materially detri-
mental to the public welfare or injurious to property
and improvements in the zoning district and neighborhood
in which the property is located, in that increase dust
levels ~ill impact air quality and traffic safety and,
the potential for ground~ater contamination would
increase.
4. The granting of such variance will be contrary to the
objectives of the General Plan, in that the pUblic
health and safety and the aesthetics of a City "gate~ay"
and redevelopment area would be adversely impacted.
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City of San Eer:-
STATEMEST OF OF
Variance 89-3
Page 2
.10 C ::;
";IAL PLANNING COMMISSION At
:J
ON
5. The Planning Department has investigated whether the
land use project identified in Variance NO. 89-3.
Application is consistent with the land use designations
and policies in the Preferred Land Use Alternative Map
and the Interim Policy Document. The proposed land use
project by the Mayor and Common Council on May 23, 1988,
a~ended on June 6, 1988, and approved by the State
Office of Planning Research on June 9, 1988, in that the
Document and Map designates the proposed site for CG,
Co~~erical General users) which includes parking lots.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Brown, Corona, Lindseth, Lopez, Nierman, Stone
None
Cole
Sharp
I, hereby, certify that this Statement of
accurately reflects the final determination
Commission of the City of San Bernardino.
Official Action
of the Planning
Signature'
rad L. Kilger. Oirec:or of Planning
Nat:le and Title
cc: Project Property Owner
Project Applicant
Building and Safety Dept.
Engineering Division
/nrng
PCAGENDA:
PCACTIONB