HomeMy WebLinkAbout48-Development Services
ORIGINAL
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From:
Dept:
Valerie C. Ross, Director
Development Services
Subject: Request for reconsideration of the denial of
Appeal No. 05-24, upholding the Planning Commission
denial of DPl No. 05-81, a proposal to establish a
coin-operated laundry at 4399 N. Sierra Way in the
CG-l, Commercial General land use district.
Date:
June 15,2006
MCC Date: July 10, 2006
Synopsis of Previous Council Action:
Dec. 19, 2005: MCC denied Appeal No. 05-24, upholding the Planning Commission Denial of
Development Permit Type I No. 05-081, a proposal to establish a coin laundry in an
existing commercial building located at 4399 N. Sierra Way.
Recommended Motion:
1. That the Mayor and Council reconsider the December 19, 2005 denial of Appeal No. 05-24.
2. That the hearing be closed and that the Mayor and Council reverse the denial of Appeal No. 05-24,
thereby upholding the August 5, 2005 approval of Development Permit Type 1 No. 05-81, subject
to revised conditions of approval recommended in Exhibit 3.
~(/.~
Valerie C. Ross
Contact person: Terri RahhaL Deputy Director/City Planner
Phone: 384-5057
Supporting data attached: StaffReoort
Ward(s):
4
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. y..s--
7/ID{OfQ
Request for Reconsideration No. 06-0 I
Hearing Date: July 10, 2006
Page 2
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Request for reconsideration of the denial of Appeal No. 05-24, upholding the
Planning Commission denial of a proposal to establish a coin-operated laundry at
4399 N. Sierra Way in the CG-I, Commercial General land use district.
Applicant:
In Woo Lee
5072 Cadiz Circle
La Palma, CA 90623
(714) 827-4541
Applicant:
Golden State Laundry Systems
222 E. Redondo Beach Blvd. #C
Gardena, CA 90248
(800) 465-8300
Representative:
David P. Colella
Fullerton, Lemann, Schaefer & Dominick
215 N. "D" Street, first floor
San Bernardino, CA 92401-1712
(909) 889-3691
BACKGROUND:
On August 5, 2005, acting under the authority of the Development Services Director, Planning
staff approved Development Permit Type I No. 05-081, a proposal to establish a coin laundry in
an existing vacant commercial building. The site is located at 4399 N. Sierra Way in the CG-I,
Commercial General land use district (Exhibit I). On August 17,2005, Mary Cox, representing
the Wildwood Park Neighborhood Association, filed an appeal of the Director approval action to
the Planning Commission, citing concerns over public safety and neighborhood compatibility.
Appeal No. 05-20 was considered by the Planning Commission on October 18,2005. Members
of the Wildwood Park Neighborhood Association described neighborhood concerns about crime
in the area and their particular concerns about the design of the existing building, which limits
visibility of the interior as seen from the street. The Planning Commission also cited concerns
about the fact that a coin laundry is a self-service facility that may have little or no on-site
management. The applicants, Mr. & Mrs. Lee, assured the Planning Commission that they would
be present at the site on a daily basis. Noting the fact that the Lees are not local residents,
Commissioners indicated doubt about the amount of time they would actually spend at the site,
and expressed concern about their ability to respond quickly to the site if needed.
The Planning Commission voted 5 to 0 to I to grant Appeal No. 05-20, thereby overturning the
approval of Development Permit Type I No. 05-081. Commissioners Brown, Durr, Enciso,
Heasley, and Sauerbrun voted to grant the Appeal, Commissioner Powell abstained, and
Commissioners Coute and Morris were absent. In support of this action, the Planning
Commission adopted Finding of Fact No.8 as follows:
The location, size, design. and operating characteristics of the proposed
development would be detrimental to the public interest, health, safety,
convenience, or welfare, in that the design and operating characteristics are
potentially hazardous to the public safety. The design of the structure fully
encloses the operating area of the laundry facility, placing patrons in jeopardy
due to limited visibility from the adjacent streets.
Request for Reconsideration No. 06-0 I
Hearing Date: July 10, 2006
Page 3
On October 28, 2005, the original applicant, In Woo Lee, appealed the Planning Commission
decision of October 18,2005 for consideration by the Mayor and Common Council.
Appeal No. 05-24 (Exhibit 3) was heard by the Mayor and Council on December 5, 2005 and
was continued for action on December 19, 2005. This appeal presented a 4-part argument for
consideration: (I) that the evidence did not support the Planning Commission's finding of fact;
(2) that the findings of fact did not support the Planning Commission decision; (3) that the
Planning Commission abused its discretion in overturning the decision of the Development
Services Director; and (4) that new evidence and additional information to be presented by the
appellant would warrant reversal of the Planning Commission action. The new evidence
referenced in the appeal to the Mayor and Council was a commitment from the appellant, Mr.
Lee, to install a 16-camera surveillance system, add windows to the exterior walls, install a silent
alarm, and add exterior lighting to improve security of the building, making it safer and more
convenient for the proposed use as a coin-operated laundromat. Upon hearing the information
presented by the appellant, as well as the repeated concerns from the neighbors, the Mayor and
Council denied Appeal No. 05-24, upholding the Planning Commission denial of Development
Permit I No. 05-081.
CURRENT REOUEST: Since the final appeal action in December 2005, Mr. & Mrs. Lee have
sold the proposed laundry business to Golden State Laundry Systems, a regional coin laundry
corporation that owns coin-operated laundries throughout southern California, including other
sites in the City of San Bernardino. The Law Offices of Fullerton, Lemann, Schaefer &
Dominick, LLP represent the Lees and Golden State Laundry Systems in this Request for
Reconsideration.
In accordance with the public hearing provisions of the Development Code, a formal request to
reconsider the December 19, 2005 Council action was filed with the City on December 29,2005.
Development Code Section 19.52.140 provides that "If more complete or additional facts or
information which may affect the original action taken on an application by a review authority
are presented, the review authority may reconsider such action... "The additional information to
support the Request for Reconsideration was submitted on May 1, 2006 (Exhibit 2). The Request
for Reconsideration introduces Golden State Laundry Systems, citing a 60-year track record with
state-of-the-art coin laundry facilities, including the highest quality equipment, efficient design
and operator training. It also reiterates the commitment to install security cameras, a glass
storefront and enhanced exterior lighting, as promised in Appeal No. 05-24. The most significant
addition to the proposal, which warrants reconsideration, is a new commitment to maintain at
least one staff attendant on site during all hours of operation. (Monday - Saturday: 6:00 a.m. -
10:00 p.m., Sunday: 8:00 a.m. - 8:00 p.m.).
CONCLUSION
Development Permit Type I No. 05-081 was originally approved administratively because a coin
laundry is a permitted use in the CG-I, Commercial General land use district. Typically, re-use
of an existing commercial building with a permitted commercial land use is a routine action. The
controversy and multiple appeals resulting from this Development Permit approval demonstrate a
Request for Reconsideration No. 06-01
Hearing Date: July 10, 2006
Page 4
heightened sense of awareness and concern in the surrounding neighborhood about the use of this
particular site. Considering the safety issues that came to light in the two appeal hearings, and
despite the automated security measures promised in Appeal No. 05-24, staff would conclude
that the building located at 4399 N. Sierra Way is not suitable for an unattended self-service
commercial establishment. However, with the added security of a full-time staff presence on site
as promised in the Request for Reconsideration, the proposed coin laundry would be similar to
any other small retail business that might be established at the site, and should therefore be
approved, subject to the revised conditions of approval as recommended.
RECOMMENDATION
Staff recommends that after due consideration of the new information presented by the applicant,
the Mayor and Common Council:
I. Reconsider the December 19, 2005 denial of Appeal No. 05-24.
2. Reverse the denial of Appeal No. 05-24, thereby upholding the August 5, 2005 approval of
Development Pennit Type I No. 05-81, subject to revised conditions of approval recommended
in Exhibit 3.
FINANCIAL IMPACT
None. The applicant submitted a processing fee for the reconsideration request.
EXHIBITS:
I Location Map
2 May I, 2006 Request for Reconsideration
3. Revised Conditions of Approval
4. December 5, 2005 Request for Council Action on Appeal No. 05-24
(including additional background attachments)
EXHIBIT 1
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CITY OF SAN BERNARDINO PROJECT: Appeal No. 05-2-t
PLANNING DIVISION IDPI No. 05-081)
LOCATION MAP - LAND USE DISTRICTS
HEARING DATE: 10/18/05
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'VID P. COLELLA
..RIC M. DAVISON
THOMAS W. DOMINICK*
EMMA D. ENRIQUEZ
WILF"RID C. LEMANN
LEE B. MADINGER
WARD T. SCHACHT
MICHAEL R. SCHAEF"ER
CRAIG E. WILSON
L.AW OF'F'ICI:I!I
FULLERTON, LEMANN, SCHAEFER & DOMINICK, LLP
2 15 NORTH 0 STREET. F'IRST FLOOR
BAN SERNARDINC, CAL.IFCANIA 92401.1712
TELEPHONE t9091 9B9-3691
FACSIMILE (9091 BBB-S 119
f'"IRM WEBSITE: WWW.INLANDBUSINESSLAW.COM
'CElIlITlI"IEO SPECI"LIST
EST"TE PL"NNINti. TlIlIUST .s. PlIlI08ATE LAw
T....I: ST"TE 8AR 01" CALIF"ORN'A
80AlIlID OF" lEGAL SPEC''''Lll'''T,ON
May 1,2006
To the Mayor and Common Council,
Fullerton, Lemann, Schaefer & Dominick, LLP on behalf of:
In Woo Lee and Golden State Laundry Systems
REQUEST FOR RECONSIDERATION
EXHIBIT 2
OF COUNSEL
ROBERT V F"ULLERTON
DANIEL W. HOLDEN
'A ..ROf"ES5'ONAL COIilPOIiIATlON
PALM DE.EIIlT O""CE
p-.FitC CENTER
77564-.0. COUNTIIIY CLUB OR.
SUITE' !lO
PAL.... DESERT, CA 922 I 1
(7601 779-9572
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EXHIBIT 2
LAW OF',.ICEB
FULLERTON, LEMANN, SCHAEF"ER & DOMINICK, LLP
~VIO f"'. COLELLA
.Rle M. DAVISON
THOMAS W. DOMINICK"
EMMA O. ENRIQUEZ
WIL.F'Rro C. L.EMANN
LEE B. MADINGER
WARD T. SC;HACHT
MICHAEL R. SCHAEF"ER
CRAIG E. WILSON
215 NORTH 0 STREET, F"IRST F"LOOR
BAN BERNARDINO, CALIF'CRNIA 92401~171Z
TELEPHONE (9091 8e9-369'
F'ACSIMlLE (909) BBB'51 1"
EMA1L; OCOI..ELLA@'NLANOBUS1NESSLAW.COM
FIRM WEBSITE: WWW.1NLANDBU5INESSLAW.COM
OF" COUNSEL
ROBERT V FULLERTON
DANIEL W. MOLDEN
A PIilOl'E5S'ONA... COI'lPOR4no"
PALM DE.C;~ O"",CI:
p....Re CENTEIl
77564-A COU"lTRY CLUB OA.
SUITE 1 SO
PALM DESERT. CA 9221 1
(7601 779-9572
'CERT,IClED SPECI......IST
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May I, 2006
VIA HAND DELIVER Y
City of San Bernardino
Mayor and the Common Council
300 North "D" Street
San Bernardino, California 92418
Re: Reconsideration of Appeal
Development Permit 05-81
Project Site: 4399 North Sierra Way
Proposed Use: Coin-Operated Laundromat
Dear Mayor and Common Council:
This firm provides representation to Mr. and Mrs. Lee and Golden State Laundry Systems.
The Lees have sold the laundromat business to Golden State Laundry Systems ("Golden State").
This letter serves as a guide to the business plan of Golden State in making the subject premises
successful as a quality coin-operated laundromat.
This request for reconsideration, made pursuant to Development Code Chapter 19.52, comes
before you after the Common Council's denial of the Lees appeal to approve the Development
Permit 05-81 for a coin laundry facility to be located at 4399 North Sierra Way.
The grounds supporting this request for reconsideration are sufficient to meet the elements
of Chapter 19.52.140 which allow for "more complete or additional facts or information, which may
affect the original action taken on an application by a review authority are presented, the review
authority may reconsider such action taken, if a request for reconsideration is filed with the
Department within 15 days following the final date of action." The Lees' appeal was denied at the
December 19,2005 Council Meeting. On December 29,2005, a formal request for reconsideration
was filed with the City.
As outlined below, more complete and additional facts and information are now presented
which may affect the action taken by the Common Council at the December 19,2005 hearing.
Letter to City and Common Council
May I. 2006
Page 2 of4
EXHIBIT 2
Golden State Laundrv Svstems provides an owned/operator with a stellar record of experience,
support and commitment to the areas in which it invests.
Golden State has been building and servicing on-premise and institutional laundries since
1943. With over 60 years experience in the business, Golden State has a stellar reputation for its
expertise in the setup and operation of a successful coin laundry. Golden State uses only premium
quality equipment aimed at attracting an equally respectable customer.
One component of its full-service business is the design, layout, equipment selection,
installation and training of an on-premises laundry. Golden State is adept at every need and facet of
the laundromat business. Golden State has fully committed itself to this project that comes before
the Mayor and Common Council today.
Golden State is no stranger to the Inland Empire or San Bernardino. Golden State has had a
hand in numerous coin laundries throughout the area, including multiple laundries in the City of San
Bernardino. Golden State knows the area and is aware of what will and will not work.
Golden State has made the business decision to invest in the north-end community of San
Bernardino. This decision was not made lightly, but only after a thorough review of all relevant
factors and the feasibility of a coin laundry in this area. Based on extensive experience and
knowledge, Golden State is convinced a coin laundry of the type proposed here will flourish in the
area and force lower-end coin laundries to adjust to Golden State's higher level of quality or fall to
the wayside.
The City is fortunate to have Golden State willing to invest its resources, time and expertise
in this proposed project that will become an asset to the surrounding community, fill a current
unsightly vacancy and continue the sorely needed revitalization in this area.
The new measures proposed bv Golden State will adequatelv address the concerns of the Common
Council regarding the approval of Development Permit 05-81.
Neighborhood Crime:
At the previous hearing before the Common Council, neighborhood crime was a prevalent
concern voiced by the Council. The current design of the structure was voiced as a possible ground
for objection. As laid out below, Golden State has proposed a variety of measures aimed at allaying
the Council's concerns.
Golden State has shown a willingness to do everything within its power to control the crime
element in and around its business, but ultimately the City is responsible for the protection of its
citizens. What Golden State intends to do is make the premises as uninviting for potential criminal
activity as possible - which Golden State has proposed and will be elaborated on further.
Golden State's aim is to create and bring into this community a high-end coin laundry that
will service the needs of this neighborhood. The image this laundry will project is one of class,
sophistication and safety; an atmosphere absent from other coin laundries in this particular part of
Letter to City and Common Council
May I, 2006
Page 3 of4
EXHIBIT 2
town. The experience and proven track record Golden State brings to the equation is unmatched
and guarantees a top-notch, efficiently run operation.
In the pursuit of addressing any and all safety concerns, Golden State has proposed and
incorporated into the building design the following additions/revisions to the previous plan
presented to the City:
(1) The installation of an advanced camera system including multiple mobile view
cameras that can be remotely controlled from anywhere the administrator can access
the Internet. This system provides an upgrade over stationary cameras because it
allows the administrator to adjust the camera and follow any suspicious activity and
cover every possible angle. This system can also be equipped to provide motion
detection that provides additional protection during non-business hours;
(2) Significantly upgrade the outdoor lighting to better provide for customer safety as
well as citizens in the vicinity of the business;
(3) The expanded installation of glass throughout the building. This proposed change
includes utilizing full glass doors for the storefront. In order to create a complete
"see through" effect, Golden State has also designed the structure to include full
glass rear doors, large pane windows and an open patio area in the rear of the
structure.
(4) The presence of at least one staff member on premises during all hours of operation
to constantly monitor the business' operation.
Golden State has proposed these additions with the protection of its potential customers and
the neighborhood community in mind. Golden State has a very astute understanding of what makes
a successful business - namely repeat customers. Without adequate protection, Golden State would
stand to lose its viability.
Golden State, with years of experience and knowledge of the industry as support, has made a
business decision to invest in this community and this coin laundry project. If anyone can make this
project work and address safety issues that are associated, rightly or wrongly, with coin laundries,
then Golden State is the entity to do so.
Owner Involvement:
A concern voiced at the previous hearing was that the owners resided in a different city and
would not be around to monitor the laundromat. This is a problem widely seen throughout this
particular area regarding absentee landlords in adjacent apartment complexes. As noted during the
last hearing, the absentee landlords and their failure to monitor their tenants is more closely related
to the criminal element than the presence of a coin laundry. Nevertheless, it is a valid concern of
the Council and Golden State appreciates the desire for this Council to hold property owners and
operators accountable to the community.
As put forth above, in Golden State the City is securing a tenant that has a longstanding,
successful history in the area with a proven commitment to the community.
This project has involved an investment exceeding $750,000. Golden State would not be
Letter to City and Common Council
May I. 2006
Page 4 of4
EXHIBIT 2
part of such an investment if it did not feel the project was viable and surely isn't planning on
walking away from the project and its investment once approved.
Part of the reason for Golden State's past success is that it is very present in the current
operations of its businesses. Golden State is in the laundromat business. This is what Golden State
specializes in and has done so for over 60 years throughout the Inland Empire. The City would be
hard pressed to find another operator with the experience, resources, patience and background
Golden State provides.
The Council can rest assured that Golden State only made this investment after fully
committing itself to the time and resources necessary to see it succeed. Equally important, Golden
State has the time and resources to see this project through to becoming a successful business.
The Mavor and Common Council should reconsider the denial of the appeal in this matter and
approve the Development Permit 05-81 for the operation of a coin laundry facility at 4399 North
Sierra Way.
Golden State proposed measures outlined above have been designed to address every
concern voiced during the previous hearing. This business use is not only possible and permissible,
but is a necessary step in filling one of several vacant buildings with a tenant willing to make a
contribution to the community.
Golden State has the ability to create an upscale, well-run, affordable coin laundry that will
raise the bar on what is expected from customers, thereby forcing surrounding businesses to adjust
accordingly or face losing out on business. By raising the standards, the best businesses rise to the
occasion and remain viable while those businesses not willing to improve in accordance with
economic revitalization will miss out and be replaced by those seeking to make the needed
community investment.
The presence of lively businesses fosters foot traffic and community awareness. A
community that is actively involved, as well as patronizes, these businesses is one building block
upon which to reduce the criminal element in the area. Golden State is a willing participant in this
revitalization and offers the type of fresh, clean and safe business the community needs.
For the reasons set forth above, the Mayor and Common Council should reconsider the
denial of the appeal in this matter and approve the Development Permit 05-81 for the operation of a
coin laundry facility at 4399 North Sierra Way. Thank you for your consideration in this matter and
Golden State looks forward to answering any questions the Mayor and Common Council might
have regarding the project.
Very truly yours,
FULLERTON, LEMANN,
SCHAEFER & DOMINICK, LLP
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Enclosures
EXHIBIT 2
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PROPOSED CAMERA SYSTEM -
POTENTIAL AL TERNA TIVES
Welcome to Laundry Spy remote digital security systems for business and residential surveillance EXlllBIT 2
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b9lJ_IlQrXSPY
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LaundrySPY PRO
Onsite 4 to 16 camera digital security system in full color with on-site audio
and 30 day storage. Professional black components including steel rack
mount Gase with locking doors and 17-inch monitor. System is fully
expandable as your business grows. LaundrySPY PRO is the complete
security solution offering digital storage, futl-featured alarm functions, and
remote access. It's easy to use and easy to set up.
Record, playback, view, and archive right from LaundrySPY PRO. Print out
time/date stamped photos using exclusive snapshot feature. Search quickly
through recorded footage using the LaundrySPY PRO time and date search
function. View in multi, quad, or single screens with full screen options.
Includes built-in digital zoom and supports most remote pan, tilt, and zoom
camera protocols. Support for High Resolution Cameras with 640x480 dpi
options. No VHS tapes to fumble with or store.
Full.featured alarm system ready to run right out of the box. Combine
LaundrySPY motion detection options, 24-hour camera scheduling, call out
functions, and optional dry contacts kit to secure your doors, windows,
employees, customers, and business 24 hours a day.
Remote access viewing. Using the exclusive LaundrySPY Remote Access
Softv./are, view your business from anywhere in the world. With a simple
click. you can view live or previously recorded footage. Search recorded
footage remotely using the time & date search feature. Many owners use the
modem direct connection, but LaundrySPY PRO also supports cable & DSL.
LaundrySPY Pro Specifications
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Computer/Server
. Black steel rack mount case
. 30 days of digital storage
. Fully upgradable & expandable
. 3 fans with removable filtration
Keyed locking front panel
CD.RW & floppy drives
LaundrySPY 16 Input Camera Card (60 Ips)
. LaundrySPY Host Software
. Windows XP Professional operating system
. 56K voice/fax modem
Keyboard & Mouse
Power Cord
Monitor
17 inch color monitor
Tilt/swivel bas'e
Power cord
Cameras & Cables
Color mini dome cameras (standard or high resolution)
. Color smoke detector camera
. BO-foot cables/connectors
. Power strip/surge protectors
Options & Upgrades
. 60 day storage
. Additional cameras (up to 16 total)
Optional dry contact interface
. Optional 16 input channel audio
. Optional 120 fps or 240 fps input camera card
. 60 foot extension cables
. Back up power supply
. 19 inch or LCD monitors
LaundrySPY Software
Easy to use recording, playback, & archiving
. Scan footage fast using the jog control dial
Remote playback and recording
. 365-day, 24-hour camera scheduling
. Motion detection with call, page, & message machine options
. Motion detection adjustment & test screen
. Snapshot feature-print out, save to disk, or e-mail to law enforcement
Embedded time/date snapshots
Optional camera sequencing
Built in digital zoom
Remote pan, tilt, zoom camera support
. Joystick control for PTZ cameras
Single, quad, or multicamera viewing
Full screen viewing
tndividual camera picture adjustments
. User defined camera naming
. On site audio recording
. Time & date search function
Employee password protection with user defined levels of security
. Optional dry contact alarm interface
. Remote Access-modem, DSL, cable
Alarm e-mail notification with attached snapshot
. IP camera support
Support CIF. 2CIF. & 4CIF frame resolution
POcketPC Remote Software
Free soft'Nare upgrades
. On line help screens
Phone tech support
For information about other LaundrySPY systems, click on one of the
links below;
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3/20/2006
Welcome to Laundry Spy remote digital security systems for business and residential surveillance EXHIBIT 2
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LaundrySPV continually records all Images to the hard drive. Up to 30 days.
. Imag~ are live from your business whenever you call in from home.
. Record, play.back, archive, and store images on thl!: laundrySPV computer.
System comes tumkey, wjth everything you need for complete installation.
. View in mul~i-screen (up to 16 cameras), 'L!!cra~~, or single screen format With a click on the tool
bar.
. View any camera in color or blaCk and white.
. Take a snapshot of any frame; then pnnt It out or e-mail it.
Hiwe the system call or page you when uSing the motion detection feature.
Record continuously 24 hours a day, or use the exclUSive LaundrySPY scheduler feature to have
cameras turn on or ort automatically.
. This is an actual print out of a computer screen at a remote location.
http://Vvww.laundrvspy.com/more.html
3/20/2006
EXHIBIT 2
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The remote administration and web browser function make your
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EXHIBIT 3
CONDITIONS OF APPROVAL - DPI No. 05-081
Super Coin Laundry
4399 N. Sierra Way
*REVISED BY MCC JULY 10,2006
1. This Development Permit Type I is an approval to establish a coin operated laundry located
at 4399 N. Sierra Way. The laundry facility shall be operated between the hours of 6:00 AM
to 10:00 PM Monday through Saturday and 8:00 AM and 8:00 PM Sundays.
*2. At least one employee, manager or proprietor shall be on site during all operating hours.
*3. The falj:ade of the building shall be remodeled by adding large windows and glass doors, to
ensure visibility of the interior from the street.
*4. Outdoor lighting of the parking area and storefront shall be upgraded to meet current
standards.
S. Within two years of development approval, commencement of construction shall have
occurred or the permit/approval shall become null and void. In addition, if after
commencement of construction, work is discontinued for a period of one year, then the
permit/approval shall become null and void. However, approval of the Development Permit
does not authorize commencement of construction. All necessary permits must be obtained
prior to commencement of specified construction activities included in the Conditions of
Approval.
Expiration Date:
July 10,2008
6. The review authority may grant a one-time extension, for good cause, not to exceed 12
months. The applicant must file an application, the processing fees, and all required
submittal items, 30 days prior to the expiration date. The review authority shall ensure that
the project complies with all Development Code provisions in effect at the time of the
requested extension.
7. In the event this approval is legally challenged, the City will promptly notiry the applicant of
any claim, action or proceeding and will cooperate fully in the defense of this matter. Once
notified, the applicant agrees to defend, indemniry and hold harmless the City of San
Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA),
any departments, agencies, divisions, boards or commission of either the City or EDA as well
as predecessors, successors, assigns, agents, directors, elected officials, officers, employees,
representatives and attorneys of either the City or EDA from any claim, action or proceeding
against any of the foregoing persons or entities. The applicant further agrees to reimburse the
City for any costs and attorneys' fees which the City may be required by a court to pay as a
result of such action, but such participation shall not relieve applicant of his or her obligation
under this condition.
DPI No. 05-081 Conditions of Approval
Revised by MCC 7/10/06
EXHIBIT 3
The costs, salaries, and expenses of the City Attorney and employees of his office shall be
considered as "attorneys fees" for the purpose of this condition. As part of the consideration
for issuing this permit, this condition shall remain in effect if this Development Permit is
rescinded or revoked, whether or not at the request of applicant.
8. The 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 (as applicable);
emission control of fumes, vapors, gas and other forms of air pollution; glare control; exterior
lighting design and control; noise control; odor control; screening; signs; off-street parking
and off-street loading; and vibration control.
9. Signs are not approved as part of this permit. Signs painted on the outside of the building are
prohibited. Signage for the facility must be submitted for review and be approved by Planning
Staff under a separate sign permit application prior to commencement of use.
10. No painted window signs, roof signs, permanent sale or come-on signs will be permitted at this
site per SBMC S 19.22.060.
II. Any/all existing signage on-site shall be brought into compliance with the current
Development Code requirements.
12. If public pay phones are installed on the site, they must be located inside the building and fixed
for outgoing calls only.
13. The project shall comply with all applicable requirements of Public Works, the Building
Division, the Police Department, Water Department, Public Services Department, Refuse
Division, and the City Clerks Office, Business Registration Division.
14. The project shall comply with all applicable requirements of other outside agencies (i.e. San
Bernardino County Health Department, San Bernardino Department of Environmental Health
Services, and the California Board of Equalization) as applicable.
15. All graffiti must be removed within 24 hours of its occurrence. The management shall take a
photograph of the graffiti and provide it to the Police Department before removing the
graffiti.
16. All exterior lighting shall be energy efficient with the ability to lower or reduce usage when the
facility is closed. Signage may be required to be turned-off when the facility is closed.
17. Submittal requirements for permit applications (building, site improvements, landscaping,
etc.) to Building Plan Check and/or Public WorkslEngineering shall include all Conditions of
Approval and Standard Requirements issued with the Planning approval.
18. No "entertainment" is allowed at this location.
2
DPI No. 05-081 Conditions of Approval
Revised by MCC 7/10/06
EXHIBIT 3
19. No exterior loudspeakers are approved in conjunction with this use.
20. The proposed patio shall be surrounded with a barrier that will separate the patio from the
adjacent alley, but allow visibility from 44th Street. An opening shall be maintained as/if
needed to meet accessibility requirements (as described below).
21. Chairs (and any other furniture, planters, etc) placed on patio shall be:
a) Arranged to allow for accessibility at all times; and
b) Maintained, repaired, or replaced so as to always appear to be in good conditions
(like new).
22. Chairs (and any other furniture, excluding planters and clear fencing) placed on patio shall be
taken into the structure and stored overnight.
23. No outdoor storage of any materials shall be allowed on-site.
24. The existing structure shall be repaired (as needed) and repainted (with the colors and
painting scheme subject to approval of the project planner prior to commencement of use.
25. Plans submitted to Building and Safety, Public Works, and other departments shall include all
provisions of the Site Plan Checklist (as attached). All structures onsite shall be indicated
accurately and properly dimensioned.
26. The entire parking lot shall be resurfaced and restriped according to Public Works requirements
and Development Code standards. This shall include but not be limited to curbing, lighting,
landscaping, circulation, etc.
27. Noise from facility shall not exceed 65 dBA as measured at the property line of adjacent
residential land use district.
28. Landscaping and irrigation shall be upgraded to meet current Development Code standards as
follows:
a) Full setback landscaping along Sierra Way and 44th Street
b) 15% of entire parking area shall be landscaped and irrigated.
c) I tree per four parking stalls
d) Landscaping in pots/planters placed inside of the clear solid safety fence
along the proposed outdoor patio (as described on item number 17 above).
3
DP! No. 05-081 Conditions of Approval
Revised by MCC 7/10/06
EXHIBIT 3
29. Any planters or furniture placed in the outdoor patio area shall not obstruct a clear view from
the adjacent public rights-of-way (44th Street and the Alley).
30. This permit or approval is subject to the attached conditions or requirements of the following
City Departments or Divisions:
a Fire Department
b. Building and Safety
31. AIl conditions of approval shall be met prior to establishment of use.
44th Street
Doors
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lear Fence
Planters (Typ.)
Path of Travel
hairslbenches t
NOR H
Outdoor Patio Detail
N.T.S.
Note:
The patio detail is a suggested configuration to illustrate compliance with the
conditions of approval.
4
EXHIBIT 4
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From:
Dept:
James G. Funk, Director
Development Services
Subject: Appeal of Planning Commission's denial of
Development Permit I No. 05-81 to re-use an
existing vacant building as a coin operated laundry
facility located at 4399 N. Sierra Way in the CG-l.
Commercial General land use distric!.
Date:
November 15. 2005
MCC Date: December 5. 2005
Synopsis of Previous Council Action:
None
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold
the Planning Commission's denial Development Permit I No. 05-81 based upon the Findings of
Fac!.
V~C~~.)r
V James G. Funk
Contact person: Ben Steckler. Associate Planner
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s): 4
FlJI'IiDING REQUIREMENTS: Amount: N/A
Source: (Acc!. No.)
(Acc!. Description)
Finance:
Council Notes:
Agenda Item No.
EXlIIBIT 4
CITY OF SAN BERNARDINO - REQUEST FOR COl':\CIL ACTION
STAFF REPORT
SUBJECT:
Appeal of the Planning Commission's denial of Development Permit No.
05-081
Appellant:
In Woo Lee
5072 Cadiz Circle
La Palma. CA 90623
(714) 827-4541
BACKGRO~D:
Mr. & Mrs. Lee are appealing the Planning Commission's denial of Development Pennit I No.
05-081 to re-use of an existing vacant building as a coin operated laundry facility. The project
site is located located at 4399 N. Sierra Way in the CG-l, Commercial General land use
district (Exhibit 1).
On August 5, 2005 Planning approved Develqp.ment Permit I No. 05-081 to reuse an existing
structure as a coin operated laundry facility. on August 17. 2005 Mary Cox, representing the
Wildwood Park Neighborhood Association filed an application of appeal in regards to
Development Permit I No. 05-081. citing safety and compatibility as concerns.
At their meeting of October 18, 2005. the Planning Commission voted 5 to 0 to 1 to deny
Appeal No. 05-20 thereby denying Development Permit No. 05-081. Commissioners Brown.
Durr, Enciso, Heasley, and Sauerbrun voted to deny the Appeal and Development Pennit,
Commissioner Powell abstained, and Commissioners Coute, and Morris were abs~nt. The
Planning Commission determined that Finding of Fact number 8 could not be made in support
of the requested coin laundry facility.: The Finding of Fact as determined by the Planning
Commission reads as follows: .
The location, size, design, and operating characteristics of the
proposed development would be detrimental to the public interest. health,
safety. convenience, or welfare in that the design and operating
characteristics are potentially hazardous to the public safety. The design of
the structure fully encloses the operating area of the laundry facility, placing
patrons in jeopardy due to limited visibility from the adjacent streets.
On October 28, 2005, Planning staff received an appeal application (Appeal No. 05-24). The
appellants' grounds for the appeal are that (1) evidence does not support the finding of fact; (2)
EXHIBIT 4
tindings of fact do not support the decision; (3) Planning Commission abused its discretion in
overrurning the decision of the Director of the Planning Division; and (4) new evidence. The
new evidence referred to is listed in the 'additional information' section of the application,
which identifies that Mr. Lee is willing to install a 16 camera surveillance system, add
windows to the exterior walls. install a silent alarm. and add exterior lighting. These
concessions are in direct relation to the issues identified by the Planning Commission, in an
attempt to make the existing strucrure safer for the proposed use.
Staff is not sure what the appellant means when they state that the " (1) Evidence does not
justify the findings of fact" and/or "(2) Findings of fact do not support the decision." The
Planning Commission determination was made based upon personal observations of site
conditions and with Finding of Fact number 8 read into the record as included above. Thus the
evidence they saw on their site visits supported their decision, and the Finding of Fact
identified was made and read into the record, clearly in support of their decision.
The Planning Commission is the appeal authority when reviewing a determination by either the
Director or the Development Review Committee, as identified by Development Code Section
19.52.090. Finally, although staff agrees that the concessions offered could make the strucrure
and use more safe, however, it is not clear that they would make the structure safe enough for
the proposed use based on the application provided.
FINANCIAL IMPACT
None. The appellants submitted appeal fees.
RECOMMENDATION
Staff recommends that the Mayor and Common Council close the public hearing, deny the appeal
and uphold the Planning Commission's denial of Development Permit I No. 05-81 to re-use an
existing vacant building as a coin operated laundry facility based on the Findings of Fact as
determined by the Planning Commission.
EXHIBITS:
I Location Map
2 Planning Commission Staff Report Dated October 18. 2005
3 Application for Appeal No. 05-24
EXIDBIT 4
EXHIBIT 1
CITY OF SAN BERNARDINO PROJECT: Appeal No. 05-2-+
PLANNING DIVISION (DPI No. 05-081)
LOCATION MAP. LAND USE DISTRICTS
HEARING DATE: 10/18/05
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EXIllBIT 4
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISIO~
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
De\'elopment Permit I :'>:0. 05-081 (Appeal No. 05-20)
3
October 18, 2005
4
APPELANT(S):
Mary Cox
\-Vildwood Park Neighborhood Ass.
PO Box 512
Patton, CA 92369-0512
(909) 886-3673
APPLICANT:
In \^,'oo Lee
5072 Cadiz Circle
La Palma, CA 90623
(71~) 827-4541
REQUEST/LOCA nON:
An appeal of the Director's approval for the re-use of an existing vacant building as a
coin operated laundry facility. The project site is located at ~399;';. Sierra Way in the
CG-1, Commercial General land use district.
CONSTRAINTS/OVERLA YS:
N01\E
ENVIRONMENTAL FINDINGS:
o Not Applicable
~ Exempt; Section 15301 - Existing facilities
o No Significant Effects
o Previous Mitigated Negative Declaration
o Potential Effects, MitigationMeasures and !\Iitigation Monitoring/ Reporting
Plan
STAFF RECOMMENDATION:
o Approval
o Conditions
~ Denial
o Continuance to:
EXHIBIT 4
De\dopmem Permit I'o. 05-081 Appeal ,05-20
Hearing Date October 18. 2005
Pag~ ..2
APPELLANT'S GROUNDS FOR APPEAL
Appeal of the Director's approval for the re-use of an existing vacant building as a coin
operated laundry facility located at 4399 N. Sierra Way (see Attachment A).
The appellant's grounds for appeal is that the proposed use will attract loiterers who
may be either crimina\' or homeless people, and that there is an over concentration of
this type of business in the area (see Attachment B).
BACKGROUND/ANALYSIS
Development Permit I No. 05-081 was submitted on May 6, 2005 to establish a new coin
operated laundry facility in an existing vacant structure. The San Bernardino
Development Code S 19.06.020, Table 06-01 allows for self-serve laundry facilities in the
CG-l, Commercial General land use district. Re-use of an existing building with a
permitted use is a Director determination (Development Code Section 19.31, Table
31.01). The Development Code does not require any specific standards of development
for the proposed use, nor does it contain any location restrictions (as related to over
concentration). Thus, the general requirements of the Development Code were
considered when reviewing the proposed pi-{lject.
-
Presented with an application to establish a use that is allowed by the Development
Code and an existing structure that was proposed for re-occupancy, staff found that the
proposed use was consistent with the Development Code. Staff understands the
concerns of Wildwood Park Neighborhood Association, however staff believes that the
use isn't necessarily the problem, which is most likely to be related to management
practices. The Conditions of. Approval were drafted in accordance with a,1l applicable
Development Code requirements and DPI No. 05-081 was approved (see Attachment C).
COMMENTS RECEIVED
Mr. Richard B. Andrade submitted a comment letter on October 7,2005 as the attorney
for the Development Permit proponent (Mr. & Mrs. Lee). In this response ~lr. Andrade
addresses the concerns brought about by the appellant, and expresses the applicant's
beliefs that the proposed use is the best possible use for the project site. Many of the
comments related to San Bernardino County statistics do not appear to be applicable to
the project or the appeal (see Attachment D).
EXHIBIT 4
Dewlopment Permit No. 05-08\ Appeal W~.20
Hearing Dale October 18. 2005
Page 3
CONCLUSION
Based on the City's records staff found no facts and! or data to support the appellant's
grounds for the appeal.
RECOMMENDA nON
Staff recommends that the Planning Commission close the public hearing, deny the
appeal and uphold the Director's Determination that the coin operated laundry facility
may be established, based upon the supporting data contained in this staff report.
Respectfully Submitted,
Ja~~.~rr
Director, Development Services
:13-4 L~' -'-)
Ben Steckler
Associate Planner
Attachment A
Attachment B
Attachment C
Attachment D
location Map
Appeal Application
Development Permit I No. 05-081 Approval
letter of response to the appeal dated October 7, 2005.
EXHIBIT 4
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: Appeal No. 05-20
PLANNING DIVISION (DPI No. 05-081)
LOCATION MAP - LAND USE DISTRICTS
HEARING DATE: 10118105
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EXHIBIT 4
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CITY OF SAN BERSARD/:YO
De~'elopmellt Sen'ices Departmellt, Plallllillg Dil'isioll
300 ~orth "E" Street. 3,e Floor
San Bernardino. CA 92';IS
Phone (909) 35.1-505- . 19091 38-l-50Su
\\'eb address: www.sbcityorg
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APPLICA TIO:\' FOR APPEAL
APPEAL FROI\I A DECISIO:-i Of THE (check one)
o Development Services Director
o ~\'elopmentlEnvironmental Review Committee
@l"Planning Commission
Case number(s): ~ 0""5. oe I
Project address: 4399 North Sierra Hay, San Bernardino
Appellant's name:
Appellant's address:
,Jellant's phone:
Wildwood Park Neighborhood Association
p, O. Box 512, Patton CA 92369-0512
None
.-'-ppellant's e-mail address: none
Contact person's name: ~Iary Cox
Contact person's address: 219 E. 4;th Stre.t, San B.rnardino CA
Contact person's phone: (909) B86-3673
Contact person's e-mail address: NONE
Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form
wIthin 15 days following the final date of action. accompanied by the appropnate appeal filing fee.
Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common
Counctl within 30 days of the filing date of the appeal. You will be nOtltied, in \\Titlng. of the specific date and
time of the appeal hearing.
FflCE l"SE O:'liL Y
Date appeal filed:
Received by:
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EXHIBIT 4
r -~UIRED INFORMA nON FOR AN APPEAL
Specific action being appealed and the date of that action: DPI #05-081, dtd Aug 5, 2005
COIN LAUNDRY FACILITY AT 4399 North Sierra Way, San Bernardino
Specific grounds for the appeal: This permit allows the COIN LAUNDRY to be located next door
to one of the WORST APARTMENT COMPLEXES IN OUR NEIGHBORHOOD BOUNDARIES.
Two blocks away, a coin laundry had continuous gunshots to their windows, there
was loitering and intimidation of clients, etc.
OUR NEIGHBORHOOD GROUP is concerned about the criminal. 10iterin2 and homeless
ACTIVITIES THIS BUSINESS WOULD ATTRACT. Two other coin laundry facilities already
exist in the area, and we are concerned about an excessive concentration of such
businesses in our neighborhood.
Action sought: RRSc.TNn THF. APPROVAL. Provide R businesR that is useful. NOT subiec.t to
crime and not appealing to loitering, drug pushers, drug users, prostitutes,
homeless and the like. PROVIDE A BUSINESS THAT WOULD BE AN ASSET TO THE NEIGHBORHOOD
AND BUSINESSES THAT SURROUND IT.
Additional information: Many months ago, the Contact Person coordinated with SBPD Northern
District (Lt Boom) and was assured they would not s1gn ott when the papers came tor
coordination (THE PAPERS WERE APPROVED BY HIS BOSS WE UNDERSTAND).
Then the Contact Person called Valerie Ross and verbally was assured that
before plans vere let the Wildwood Park Neighborhood Assn would be.able to voice our
concerns (THAT DID NOT HAPPEN!) .
The Neighborhood Assn knows of at least one robbery of clients, at gunpoint,
cl\ll'iRg tAg tillla t~8 ifr::nilty ';'""QF U?'l ~t- t"'9 1"'1"!Sf-;^'" The gerpetrato'rB were from
the Apartment Complexes.
The Design being considered will give e~sy access to the c11ents tor the
criminal element to a~ain do their business at this location. Possibly they may
even shoot the windows from this facility as well.
~J U;J:r y<1~~~
Signature of appellant: tv.::: ~ ' .A/C-4
Date: ~/ 7/0::'-
2
11104
A TT ACHMENT C
EXHIBIT 4
DEVELOPMENT SERVICES DEPARTME~"
300 North un" Street. San Bernardino' CA 92418.0001
Planning &: Building 909.384.5057' Fax: 909.384.5080
Public WorksiEngineering 909.384.5111 . Fax: 909.384.5155
www.sbcity.org
..
August 5, 2005
In Woo Lee
5072 Cadiz Circle
La Palma. CA 90623
RE: Development Permit Type I No. 05-081 - 4399 N. Sierra v\"av
(APN: 0154-222-28-0000)
Dear In Woo Lee;
Planning staff has approved Development Permit I (DP!) No. 05-081, a request to
establish a coin laundry, based on the Findings of Fact in the Development Code ~
19.H060 and subject to the attached ConditlQ.J;1s of Approval and Standard
Requirements. - .
The decision of the Planning staff is final unless a written af'peal is filed, with the
appropriate fee, within 15 days of the Planning staff's action. pursuant to Section
19.32.100 of the Municipal (Development) Code.
Please contact me at (909) 384-5057 if you have any questions or concerns regarding the
approval of DPI No. 05-081. ,:
~-el\"
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. I
. . Ben Steckler,--
Associate Planner
Enc. Conditions of Approval
Cc. Address File
EXHIBIT 4
CONDITIONS OF APPROVAL -
DPI No. 05-081
Super Coin Laundry
4399 N. Sierra Way
1. This Development Permit I is an approval to establish a coin operated laundry
located at 4399 N. Sierra Way. The laundry facility shall be operated between the
hours of 6:00 AM to 10:00 PM Monday through Saturday and 8:00 AM and 8:00 PM
Sundays.
2. Within two years of development approvaL commencement of construction shall
have occurred or the permit/ approval shall become null and void. In addition, if
after commencement of construction, work is discontinued for a period of one year,
then the permit/ approval shall become null and void. However, approval of the
Development Permit does not authorize commencement of construction. All
necessary permits must be obtained prior to commencement of specified
construction activities included in the Conditions of Appro\'al
Expiration Date: August 5,2007
3. The review authority may grant a one-time extension, for good cause, not to exceed
12 months, The applicant must file an application, the process:ng fees, and all
required submittal items, 30 days prior to the expiration date. The review authority
shall ensure that the project complies with all Den>lopment Code provisions in
effect at the time of the requested extension.
4. In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim, action or proceeding and will cooperate fully in the defense
of this matter. Once notified, the applicant agrees to defend, indemnify ~d hold
harmless the City of San Bernardino (City), the Economic Development Agency of
the City of San Bernardino (EDf,\), any departments, agencies, divisions, boards or
commission of either the City or EDA as well as predecessors, successors, assigns,
agents, directors, elected officials, officers, employees, representatives and attorneys
of either the City or EDA from any claim, action or proceeding against any of the
foregoing persons or entities. The applicant further agrees to reimburse the City for
any costs and attorneys' fees which the Citv may be required by a court to pay as a
result of such action, but such participati0n shall not relieve applicant of his or her
obligation under this condition,
The costs, salaries, and expenses of the City Attorney and employees of his office
shall be considered as "attorneys fees" for the purpose of this condition.
EXHIBIT 4
Conditions of Appro,..l
Dr! No 0;.081
As part of the consideration for issuing this permit, this condition shall remain in
effect if this Development Permit is rescinded or revoked, whether or not at the
request of applicant.
5. The 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 (as applicable); emission control of fumes, vapors, gas and other forms of
air pollution; glare control; exterior lighting design and control; noise control; odor
control; screening; signs; off-street parking and off-street loading; and vibration
control.
6. Signs are not approved as part of this permit. Signs painted on the outside of the
building are prohibited. Signage for the facility must be submitted for review and be
approved by Planning Staff under a separate sign permit application prior to
commencement of use.
7. No painted window signs, roof signs, permanent sale or come-on signs will be
permitted at this site per SBMC S 19.22.060.
8. Any/all existing signage on-site shall be brought into compliance with the current
Development Code requirements.
'''';''
9. If public pay phones are installed on the siie"they must be located inside the building
and fixed for outgoing calls only.
10. The project shall comply with all applicable requirements of Public Works, the
Building Division, the PoliCe Department, Water Department, Public Services
Department, Refuse Division, and the City Clerks Office, Business Registration
Division.
.
11. The project shall comply with all applicable requirements of other outside agencies (i.e.
San Bernardino County Health Department, San Bernardino Department of
Environmental Health Services, and the California Board of Equalization) as
applicable.
12. All graffiti must be removed within 24 hours of its occurrence. The management
shall take a photograph of the graffiti and provide it to the Police Department before
removing the graffiti.
13. All exterior lighting shall be energy efficient with the ability to lower or reduce usage
when the facility is closed. Signage may be required to be turned-off when the facility
is dosed.
2
EXHIBIT 4
Conditions of Appro'..!
DPl ,,' 0;.081
14. Submittal requirements for permit applications (building, site improvements,
landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall
include all Conditions of Approval and Standard Requirements issued with the
Planning approval.
15. No "entertainment" is allowed at this location.
16. No exterior loudspeakers are approved in conjunction with this use.
17. The proposed patio shall be treated with a solid clear fencing and vegetation (as
described below) to screen the use from the adjacent residential use. The screening
wall shall be constructed to a height between 5' -6' and shall span along the northern
and eastern boundaries, allowing for an opening to meet accessibility requirements.
18. Chairs (and any other furniture, planters, etc) placed on patio shall be:
a) Arranged to allow for accessibility at all times; and
b) Maintained, repaired, or replaced so as to always appear to be in good
conditions (like new).
19. Chairs (and any other furniture, excluding planters and clear fencing) placed on
patio shall be taken into the structure an~;:5tored overnight.
-
20. No outdoor storage of any materials shall be allowed on-site.
21. The existing structure shall be repaired (as needed) and repainted (with the colors
and painting scheme subject to approval of the project planner prior to
commencement of use.
22. Plans submitted to Building:and Safety, Public Works, and other departmeh~s shall
include all provisions of the Site Plan Checklist (as attached). All structUres onsite shall
be indicated accurately and properly dimensioned.
23. The entire parking lot shall be resurfaced and restriped according to Public Works
requirements and Development Code standards. This shall include but not be limited
to curbing, lighting, landscaping, circulation, etc.
24. Noise from facility shall not exceed 65 dBA as measured at the property line of
adjacent residential land i1se district.
3
EXHIBIT 4
Conditions oi Arrrm.aJ
DPI :--';0 0;-081
25. Landscaping and irrigation shall be upgraded to meet current D,,,.elopment Code
standards as follows:
a) Full setback landscaping along Sierra \Vay and +!th Street
b) 15% of entire parking area shall be landscaped and irrigated.
c) 1 tree per four parking stalls
d) Landscaping in pots/planters placed inside of the clear solid safety
fence along the proposed outdoor patio (as described on item
number 17 above).
26. Planters used in outdoor patio area shall be large enough to hold plants, but small
enough so that people on the patio can be seen (at all times) from the adjacent public
rights-of-way (44th Street and the Alley).
27. This permit or approval is subject to the attached conditions or requirements of the
following City Departments or Divisions:
a. Fire Department
b. Building and Safety
28. All conditions of approval shall be met prior to establishment of use.
44'h Street
>-
2
<
Clear Fence
f)oor,
Planters (T yp.)
Path of Travel
hairsibenches t
lSOR H
Outdoor Patio Detail
NTS.
Note:
The patio configuration d~s not have to match this diagram exactly. this is a
sample of how it can be done to meet all Conditions of Approval above.
4
EXHIBIT 4
City of San Bernardino
STANDARD REQUIREMENTS
Development Services/Plan Check Division
,
Property address: t{.s~ C\ ~, S.lelf~'"-- W'1 .
DRC/CUPrDjt:=~ No. oS" -OBI
DATE:~v.\~ \"I'2...eOS-
NOTE; NO PLANS WILL BE ACCEPTED
PLAN CHECK WITHOUT CONDITIONS
APPROVAL IMPRINTED ON PLAN SHEETS.
FOR
OF
Submit 6 sets of plans, minimum size 18" x 24", drawn to scale. If plan check is for
expeditious review, submit 6 sets. The plans shall include (if applicable):
a. site plan (include address & assessors parcel number)
b. foundation plan
c. floor plan (label use of all areas)
d. elevations
e. electrical, mechanical, & plumbing plans
r. detail sheets (structural)
g. cross section details
h. show compliance with Title 24/Accessibility (disabled access)
i. a plan check deposit fee will be required upon submittal of plans.
Call Development Sen'ices (plan check) 909-384-5071 for amoun t.
1. The title sheet of the plans:inust specify the occupancy classification, t)'pe of construction. if
the building has sprinklers, & the current applicable codes.
2. The person who prepares them must sign the plans. Also, provide the address & phone
number of that person. Some types of occupancies require that the plans are prepared.
stamped, and signed by an architect, engineer, or other person licensed by the Stale or
California.
3. For structures that must include an engineers design. provide 2 sets of stamped/wet signed
calculations prepared by: a licensed architect/engineer.
.
4. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance
forms are required to be printed on the plans.
300 N'D' Street San Bemardino CA 92418
909-384-5080 Fax
EXHIBIT 4
5. Submit grading, sile, andlor landscape plans to Public Works'Engineering for plan check
appro\'al and permits. For more information, phone 909-384-5111.
6. Fire sprinkler plans, fires suppression system plans, etc., shall be submitted to the Fire
Department for plan check approval and permits. For information, phone 909-384-5388.
7. Signs require a separate submittal to the Planning Division for plan check appro\'al and
permits. For information, phone 909-384-5057.
8. Restaurants, food preparation facilities. and some health related occupancies will require
clearances and approved plans from San Bernardino County Health Department. For
information, phone 909-387-3043.
9. Occupancies that include restaurants, car washes, automotive repair/auto body, dentist
offices, food preparation facilities or processing plants, etc. may require approvals and
permits from San Bernardino Water Reclamation. For information, phone 909-384-5141.
10. An air quality permit may be required. Contact South Coast Air Quality Management
Division for information, phone 909-396-2000.
11. State of California Business & Professions Code/Contractors License Law requires that
permits can be issued to licensed contractors or owner-builders (that are doing the work).
Contractors must provide their State license number, a city business registration, and
workers compensation policy carrier & p~' number. Owner-builders must provide
proof of ownership.
NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 4.6
WEEKS FOR I ST CORRECTIONS, EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING
DA YS, THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND
DOES NOT IMPL Y THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT
CORRECTIONS,
Comments:
}()() N 'D' Street San Bernardino CA 92418
ano 1.V..LCn., I nfTirl"
909-384.5080 Fa"
A TT ACHl\IENT D
EXHIBIT 4
ANDRADE & ASSOCIATES
A PROFESSIONAL LAw CORPORATION
CONSTRUCTION LAWYERS
JEFFREY CORPORATE CEI'<TRE
5510 TRABUCO ROAD
IRVINE. CAUFORNIA 926205705
TELEPHONE (949) 553-1 95'
FACSIMILE (949) 553-0655
E.MAlL...: ANDRAOE@ML.AWSCOM
RONALD G. HOL.SE~
NATAUA D. ShUT}..
SHERRY A. ROSHAN
SCOTT KRON
RICHARD B ANORAOEt
t JDI'CAuIFOIllNIA UCIE:HS[O GENEJIlAI.. CO,,""T'lUoCTOII
. JO/l.JCEN5EC IN NEVADA iii CAurOIlNIA
"'pJtO!fESSJONAl.. ENGINUIlt CA.. CO. LJT OR. WA.
NMtA2.
OF COUNSEL.
AzzAM D SAAOt...
October 7, 2005
Via PersoDal Delivery
City of San Bernardino
Development Services Department, PlanninglBuilding Division
300 North "D" Street
San Bernardino, CA 92418
Matter
Our client
Our File No.
Re
Appeal # 05-20
Mr. & Mrs. Woo Lee
25021-00 I
Response to Appeal
&?~~@~ I
_ ' - I D ? 2005 r fD1
.. TV (")F SA. L!!J
~., ,LOPM~,JERNA.RDINO
DEPA.RT':;;M~V/CES
Dear Planning Commission Members:
Please allow me to introduce myself as counsel for Mr. & Mrs. Woo Lee, the owners of the
property which is the subject of the above-mentioned appeal. This letter will provide you with a response
to the Wildwood Park Neighborhood Association '~:{Ilereinafter referred to as "WPNA ") appeal from the
decision of the Planning Commission approving a Coin Laundry facility to be located at 4399 North Sierra
Way, San Bernardino, CA 92418.
The appeal by WPNA asserts that an operation of a coin laundry facility at a site next to an
apartment complex will attract criminal, loitering and homeless activities. The WPNA, however, offers no
evidence to support its claim and in fact those instances cited are cited inaccurately and are clearly taken
out of context
-
As will be demonstrated..the operation of a coin laundry facility is the best possible use of the
property, will provided needed tax revenue for the City, and will not attract criminal, loitering or homeless
activity. For these reasons, the appeal s~'ould be denied.
Best Possible Use
At the beginning of 2005, San Bernardino drafted and implemented a general plan. San
Bernardino designated the Land Use Element in this plan to function as a guide to planners, the general
public, and decision makers as to the ultimate pattern of development. This plan designates general site
development standards and the distribution, location, and extent of land uses, such as housing, business,
and industry. In particular, the ~d Use Element establishes the primary basis for consistency with the
San Bernardino's development code. Title 19 of the San Bernardino Municipal Code. The coin laundry
facility approved by the Planning Commission in this case has been determined to meet these standards.
The approved facility falls within the commercial general district which is intended to provide for the
continued use, and enhancement of retail, personal services, and related commercial uses to service the
needs of the residents. ThL facility is the best possible use for this community.
EXHIBIT 4
ANDRADE & ASSOCIA.TES
October 7, 2005
Page 2
Coin Laundry Facility.
Contrary to the position of the WPNA, the operation of a coin laundry facility would actually
benefit the community. A coin laundry facility is exactly the type of business WPNA describes as
desirable. The coin laundry market consists of 89 million customers throughout the U.S. Coin Laundry
Association, Coin Laundry: An Industry Overview. at http://www.4hb.com/0430coinlaundry.html. Clean
clothes are considered a necessity of modem life. A coin laundry facility would provide a basic health
service and necessity to the community. What's more, a coin laundry facility is exceptionally beneficial to
renter-occupied densely populated areas. Statistics establish that 31 % of the population of San Bernardino
is renters. San Bernardino County, CA - county housing. home & apartment costs. a!
httpollwww.epodunk.com. Of this 31 %, 17% of the renters in San Bernardino County are single mothers.
Robert Bernstein. Statistical Brief, Bureau of the Census, (1994).
Additionally, the renter-occupied housing in the area lacks adequate laundry facilities for its
current renters. The WPNA incorrectly states that two coin laundry facilities exist in the area. However,
the WPNA fails to advise the Commission that one of the facilities referenced, the "Suds Your Duds"
facility has closed down and no longer in operation. I am attaching photographs taken recently that clearly
shows that the "Suds Your Duds" coin laundry has ceased operations, leaving only one coin operated
facility to service the densely populated neighborhood. Not only will the proposed coin laundry facility
serve the community's needs but also it will replace the "Suds Your Duds" Coin Laundry that is no longer
open for business.
Thus, a coin laundry facility would in fact~ an asset to the community of San Bernardino.
Criminal Activity.
The WPNA asserts that the operation of a coin~perated laundry will promote criminal activity in
the neighborhood such as drug pushers, drug users, prostitutes, homeless and the like. In support of its
appeal, the WPNA cites to an incident where a coin laundry operated two blocks away from the proposed
location, had continuous gunshots to its windows.
However, unaware ;lfthe !lCtual circumstances, the WPNA has made the incorrect wurnption that
the type of business was tl-.e caUSe for the criminal activity. In reality, the incidentthe WPNA cites
occurred due to the business owner's confrontation with a trespasser and not because the business was a
coin laundry facility. Unbeialownstto the owner, the trespasser was a member of a gang who retaliated
against the owner by shooting out the windows of the business (in the middle of the night while the
business was closed) as weii as intimidating the coin laundry owner's customers in an effort to discourage
business. Ifnot for the owner's confrontation, none of these crimes would have occurred. The incident
cited to by the WPNA was an isolated incident only.
The WPNA's claim that the business will attract criminal activity such as loitering is also
inaccurate. Unlike the other coin laundry facilities cited to by the WPNA, the Lee's will have an employee
lllI site for all ~ours that the f~ility is open for busillCss. In this fIlanner, any criminal activity will be
inunediately reported to the police for appropriate handling.
The WPNA's reference 10 a robbery that occurred at the beauty solon previously operated at the
location at issue is also misplaced. Simply because a prior criminal act occurred at this location, does not
mean that further criminal activities will occur. In the same manner, the fact that the perpetrators resided
in the apartment complex adjacent to the instant location is also of no consequence. Accepting this sort of
EXHIBIT 4
ANDRADE & ASSOCIATES
October 7, 2005
Page 3
misguided logic would amount to accepting the proposition that all renters are criminals. This simply is
not the case. Simply because a large apartment complex exists adjacent to the location by itself does not
mean criminal activity is more likely to occur. In fact, in 2000, only 932 or I % of all arrests in San
Bernardino County were arrests for robbery. Id. By 2003, those arrested for robbery dropped below 1%.
Id. The statistical data clearly shows that there is no correlation between the robbery at the beauty solon
and the likelihood of further robberies at a coin laundry business.
Finally, the WPNA has provided no evidence in support of their claim that a coin laundry facility
attracts drug use, drug sales, and prostitution. Contrary to the assertions of the WPNA, statistics
maintained by the FBI, show such a claim is simply untrue and unsupportable. Of the 87,706 arrests in
San Bernardino County in 2000, only 19% were for drug violations. Federal Bureau of Investigation.
Uniform Crime Report. (2000). In addition, less than I % or 313 arrests were made for prostitution and
commercial vice. Id. These statistics establish that drug violations, prostitution, and commercial vice are
least likely to occur in San Bernardino County regardless of the particular location or type of business
operated. The WPNA's claim that a coin laundry facility will attract undesirables is completely
unsupported by the statistics recorded in the Uniform Crime Report.
This is particularly true in light of the San Bernardino Police Department's (SBPD) decision not to
respond to the inquiry of the Planning Commission prior to the approval of the operation ofa coin laundry
facility. During the approval process, the SBPD was given an opportunity to provide input on the
proposed use of the facility. The SBPD did not provide any facts that would establish that they believed
that the operation of a coin laundry would result in an increase in criminal activities at the location.
REOUEST TO AFFIRM APPROVAL
Based on the facts of this appeal, WPNA' s claims, and the likelihood of providing an asset to the
community of San Bernardino, we request that the Planning Commission affirm its reasoned decision
approving a coin laundry facility.to be located at 4399 North Sierra Way.
Sincerely,
) () n
i \tt<t~~
Ric ard B. Andrade
Attorneys for Mr. & Mrs. Lee
By:
RBA:larn
Enclosures
G:IDA T A\Lec. In Woo-2S021\City of sa Plaoning Dc:pt~2\Response L<ttcr to Planning Board-{rt>a) doc;
CC: Mr. & Mrs. Lee
EXHIBIT 4
CITY OF SAN BERI\'ARDI.\'O
Development Services Departmem, Planning Dh'isioll
300 l\orth "E" Street. 3'" Floor
San Bernardino. CA 92.\18
Phone (909) 38..-5057 . (909) 384-508u
Web address: ",'Ww.sbcity.org
APPLICA T10!'\ FOR APPEAL
APPEAL FROM A DEClSI01'Ii OF THE (check one)
o Development Services Director
o DevelopmentlEnvironmental Review Committee
sa Planning Commission
Case number(s): !)PI 05-081 / Appeal # 05-20
M O~ '4~
Project address: 4399 North Sierra Way, San Bernardino, CA 92369
Appellant's name: In l'bJ Lee
Appellant's address: 7353 Ellena West #88. Rancho C'ucarronga. fA 91730
llellant's phone: 714-328-9576
.",-ppellant's e-mail address: n/a
Contact person's name: Scott A. Kron, Esq.
Contact person's address: 5510 Trab..1co Rd., Irvine, CA 92620
Contact person's phone: 949-553-1951
Contact person's e-mail address: skron@aalaws.can
Pursuant to Section 19.51.100 of the Development Code. an appeal must be filed on a City application fonn
\\ithlO 15 days following the final date of action, accompanied by the appropnate appeal tiling fee.
Appeals are normally scheduled for a determination by the Planning Commission or \1ayor and Common
Council within 30 days of the filing date of the appeal. You will be nOlIfied. in writing. of the specific date and
lIme of the appeal hearing.
\:'fleE l'SE ONLY
Date appeal filed: (){ 11 WlL ;2 r ;;(-C~
Received by: j(""Yl tJ 09/;1, tJ /7C)
"-., ~~
a~\"\\~ 11'04
EXHIBIT 4
~~QUlRED I:'-iFORl\IA TlON FOR A.."l APPEAL
:>pecific action being appealed and the date oftliat action: Planning Ccmnission' s granting of appea::'
Nn. ns-?o. nnn rnTPrtuTT1;nq thp nirprtnr nf tn,::. f):::>"p"'!~nt' C:;p,.."'uirPC:: f"pr.::l~nt- P'.::Innirg
Division's approval of De'le::'opnent Perot I No. 05-081 dated dated October 18, 2005.
Specific grounds for the appeal: (1) Evidence does not -justify findinqs of fact.
(2) Findings of fact do not su~rt the decision.
(3) Plannina carrnission ahJ"""" its discretion in overturning c1""il;;nn nf thP rlirPM-nr
of the Planning Division.
(4) New evidence.
Act on sought: Fe-instatement of the Director of Developnent services DepartJrent, PlanninQ
Division's approval of Development Perot I No. 05-031 and reversal of Planning
Carrnission's decision to qrant appeal
Additional information: Since dec; ,,; nn rF>nnpr"" 111 Pl ;mn; rq rrnm; c:c:; nn r prrp<>rt-y ro.mpr Tn IItrl
lee, has taken into consideration suggestions planning Ccmnission rranbers qave in order
r..n ha,,~ po"""'; t .::Ipprr",vM
Hr Tpp ; c:: wi' 1 ing .::Inn ;:lIhlp Tn i",c:i-.::I" .::l 1 h 1"'";::amQoT";:lI C'll.''''UP; 1 1 .::r.1'V"~
system; additional outside liqh~inq; store front qlass d=rs; silent ~encv alert
~~tPITI. (""P::lT wiMrL1c:. t..n't-h nf"l C:;T.::l'J~. la.rh:'''';nIJ. nr rV''I'Ua.Y;nl)'" ==:1M" pvt-cnn "'}-,IO ~.r.:l'l
adjacent to the alley.
, t'- ~
Signature of appellant:->'
r
-~:I
I
Date:
10/1.7 /o~
, I
2
1111)1
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "0" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.sbcity.org
~
July 11,2006
In Woo Lee
5072 Cadiz Circle
La Palma, CA 90623
Dear Mr. Lee:
At the meeting of the Mayor and Common Council held on July 10, 2006, the following action
was taken relative to the request for reconsideration of the denial of Appeal No. 05-24,
upholding the Planning Commission's denial of Development Permit I No. 05-081, a proposal
to establish a coin operated laundry at 4399 N. Sierra Way in the CG-l, Commercial General,
land use district.
The Mayor and Common Council voted to reconsider the December 19, 2005 denial
of Appeal No. 05-24; the hearing was closed; and the denial of Appeal No. 05-24
was reversed, thereby upholding the August 5, 2005 approval of Development
Permit I No. 05-081, subject to the revised conditions of approval as recommended
in Exhibit 3.
If we can be of further assistance, please do not hesitate to contact the City Clerk's office.
Sincerely,
~k-.-JL(J /j. Cf.J'./v/C
Rachel G. Clark
City Clerk
RGC:lls
pc: Development Services
Golden State Laundry Systems, 222 E. Redondo Beach Blvd., HC, Gardena, CA 90248
David P. Colella, Fullerton, Lemann, Schaefer & Dominick, 215 N. "D" Street, First
Floor, San Bernardino, CA 92401-1712
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability. Respect for Human Dignity' Honesty
City of San Bernardino
Mayor and Common Council
300 North D Street
San Bernardino, California 94218
Entp.fp.d into Record at . I /
i"i~mvOevCmsMtg: '7//~/P(P
.Uy~.5'~.uJ
If!
:h
fe ik'"da Item _.
Dear Mayor and Common Council,
~h-(!L~
City Clerk/COC Secy
City of San Bernardino
It has come to my attention that yet another attempt is being made to open a coin laundry at
4399 North Sierra Way. As a concerned and involved resident, this troubles me. I spoke during public
comments at a council meeting on the same day as the last meeting about this, about the endless
problems posed by low income apartments in the area, and I feel the two issues are closely related. I
believe that, like apartments, a coin laundry at that location would only serve a very specific clientele
and would not be in the best interest of the community as a whole.
I have since learned that the family originally planning to open the laundry mat has sold it to another
company. In their letter prepared for the July 10 meeting, Golden State Laundry Systems claims,
through their attorney, that they "have made a business decision to invest in the north-end community
of San Bernardino, after a thorough review of all factors." However, this couldn't be farther from the
truth. They clearly do not have a understanding of the north-end community. We already have several
coin laundry facilities in that area, and yet another one is not needed. The normal business model does
not apply to coin laundries, because in general they tend to serve only a very specific, low-income
customer base, and those customers tend to use coin laundries out of necessity and whichever one is
nearest to where they live. There are some exceptions, but this is generally the case. There won't be
any of the competition Golden State is claiming will take place, because customers will use coin
laundries out of necessity, not choice. It is also obvious Golden State has not clearly observed the
trends taking place in north San Bernardino. New homes are rapidly being built throughout the area, in
the $500,000 price range and up, and near a university that is constantly expanding. The community
just north of the proposed site for the coin laundry is made up of homeowners in a residential
neighborhood that has been established for over 50 years. The fact is, a coin laundry will primarily
draw customers from the pockets of low-income apartments in the area, and will not be of use or benefit
to the north-end community as a whole. The apartments in the area are also a frequent source of
problems with crime, and despite the best efforts of Golden State, they will face the same problems.
Golden State has claimed that the proposed coin laundry will "revitalize" the community, but this claim
is absurd. I do not see how it would be possible for a coin laundry to revitalize the community or be an
asset when it can only hope to attract a very narrow, low-income customer base, and will only at best be
able to hire a handful of employees to staff the facility. I believe that a business should be profitable,
but it should also be in the public interest. It shouJd serve the greatest need for the most people in the
community. If this were any other type of business, a sandwich or ice cream shop, a bookstore, video
store, or anything else which draws a wider customer base, it would be of use to everyone and would be
profitable and successful at the same time. In that case, the business truly would be an asset in the
community and would contribute to the local economy. But a coin laundry at that location would do
absolutely nothing to boost the local economy of north San Bernardino. If anything, it would most
likely discourage other businesses from investing in the area, because coin laundries tend to project the
#'f?-
impression of an economically depressed community. Businesses will not invest in an area if they feel
it would not be successful. If San Bernardino is ever going to rebound, we absolutely must change its
image as a stagnant, economically depressed city of renters. Like it or not, this is the image San
Bernardino is projecting at the moment. North San Bernardino is one of the areas in the city that is
prospering, and I strongly believe this type of business would impede that prosperity.
I am therefore asking and pleading, as a very concerned resident - that the City does not allow this coin
laundry to be established. It will attract yet more crime, draw only a very narrow low-income customer
base, and will not be in the best interest of the community as a whole.
Thank your for your time and consideration.
~ \~fL...
Smcerely, ~\N\
Christian Tobar
.
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