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Home My WebLink About23-Development Services I- ~ . .. ~@W'w TO: Mayor and Common Council Entered into Record It ;. / CITY 0 F SAN B ERN A R 'ilmt'imyOevCms Mtg: If J.. 9 i , INTEROFFICE MEMORAN~~M r t? ~ re Agend tem 1.. !3 ~-'J /;J.~ Cit, Cllrfl/COC Sec, Cit, of Sin Bemlrdino FROM: James F. Penman City Attorney DATE: October I, 1998 SUBJECT: Appeal of CUP 98-06 and Variance 98-02; 197 South "D" Street. In 1996-97, (I'm unsure of the exact date) I was contacted by Code Compliance Officers for legal advice regarding a potential case they were working, hereinafter referred to as the potential City of San Bemardino v. Michael Allen case. Although no legal conflict existed, Mr. Allen had supported my re-election in 1995, and, to avoid the appearance of a conflict, I advised Mayor Tom Minor that he should arrange for another attorney to provide legal advice to Code Compliance. Mayor Minor then arranged for attorney Timothy Sabo to do so. In February of 1997, I sent a letter to Mr. John Jensen, the complainant, in response to his request that I take action against Michael Allen based on Mr. Jensen's allegations. My letter to Mr. Jensen clearly states that the conflict I declared was in the matter of City of San Bernardino v. Michael Allen, (involving property located at 206 and 208 South "D" Street). I later leamed that Planning was seeking a revocation of Mr. Allen's 1978 Conditional Development Permit. (In 1978, what we now call a CUP was termed a CDP.) This revocation was still, in my opinion, an action against Michael Allen. Therefore, our office continued to abstain throughout this process. This matter was never filed in court because, I was informed later, Code Compliance, Planning and the conflict attorney, Timothy Sabo, resolved the matter by having Michael Allen apply for a new Conditional Use Permit and Variance. In 1997, Mr. Allen's new CUP application and variance were approved. That matter has been resolved and is not at issue in the item on the October 5 Council agenda. An entirely different matter, not involving the property at 206 and 208 South "D", will be on the Council agenda for Monday, October 5, 1998. This application, now before the City Council, involves property located on the other side of the street, 197 South "D". As I have previously discussed with the Mayor and Council on several occasions throughout my years as City Attorney, I routinely abstain on matters where the appearance of a conflict might exist provided my abstention does not result in significant cost to the City. Since there is no legal requirement that I abstain on matters similar to the then-potential City v. Allen case, I decided years ago to do so only in situations where it would not work a financial hardship on the City. I did not /lf~/ft' -#2-$ - .. tf. ... ~ Mayor and Common Council Memo Appeal of CUP 98-06 and Variance 98-02 October 1, 1998 Page two believe, based on what the code officers had told me, that a significant amount of legal time would be needed on the Allen investigation. After Code Compliance and Mr. Sabo determined there was no need to file a complaint, Mayor Minor contacted me and advised me that Michael Allen was now going to submit an application for a new CUP and variance (at 206 and 208 South "D" Street). Mayor Minor asked that my offICe handle the legal advice at this point because there was not going to be a prosecution of Mr. Allen and because Mr. Sabo's time spent on the matter was far greater than anticipated and his bill had become signifICant. I agreed, as I believe I was legally bound to agree, to the Mayor's request. I then took two actions: First, I met with Mr. Sabo and asked him to withdraw his previously submitted bill to the City and to consider that work a donation to the City of San Bernardino. Mr. Sabo agreed, and, to the best of my knowledge, his firm never received remuneration for his legal services on that matter. Second, I advised Deputy City Attorney Henry Empeno, who was, and is, the regularly assigned attorney for the then Department of Planning and Building Services (now the Development Services Department), of the Mayor's request. I instructed him to proceed to advise the Department and the Planning Commission on the 1997 action involving 206 and 208 South "0" Street by Mr. Allen. At the same time, I made the determination that if the matter reached the Mayor and Common Council for a final decision, I would ask Mr. Sabo to again step in. Since the Council has the authority to override the Planning Commission and the Department, any appearance of a conflict that might otherwise exist, would be nullified by Mr. Sabo being the attorney to advise the Council on Michael Allen's application for a new CUP and variance at 206 and 208 South "0" Street. However, neither Mr. Jensen nor anyone else appealed that matter to the Mayor and Council. There is no legal conflict by the City Attorney's Office in the matter now before the City Council which involves different property at 197 South "0" Street and is not a possible prosecution of a former campaign supporter as the initial issue potentially was. Once again, to avoid even the appearance of a conflict, at this final decision level in the review process, I have asked Mr. Sabo to step in to advise the Mayor and Council, which he has again agreed to do at no additional charge to the City. Re~pectfully subT-itted, ~~ 7,/~~ (' ;funes F. Penman J City Attorney fntp.rp.o into Record at I: / i.''''''':,;'';:nvOevCms Mtg: II ~ 'If "\, .Qa-uL~/TY)~:1 re AMeli Oil Item ;t 21 ~ ~ 11,',: ! ;; : \ ,I $ \t. ; ~ ~~~ I il~~ ~ ~ ~ ~ (0 I)] loAD In ~ [J I ~ i i I : 'I ~ I / ~(O [)] I " Ol ~ L! __ ------- - /,/ ~~ f: I 0 0 I I i (( U I) ~0I::DJ1 (( 0 I) }t:nd-- _--// ,I~ ~ I I lL - - I ...., r==nn i- [0 I) ~ r==nn ;:'1'=:-1 l~'l~-~: beJdldI I" i 0 I ~ Ldo_~=~_j c:, d.i:~ o rnD [) ~IJ 0 lorn U I)] .Q;;Jr::":}J I 0 I r==Fi"AI I 0 [J-' ( ~, r ',-4\ ,-1':_-""" I . 0 Iii OJ ~ 10 0 I i_I r, L~ ~ L 'h ~0 I ~1J h_~ City Clerk/COC Secy City of San Bernardino l~ ~ ([OJ) ~ Q II II I I -< ~ .. ~ ~h~ /1/~/7i /F')..!3 ~ l ~::;Jx m~~ 8~ d~ ' ~ 0 Q, i ~!~! (0 I)~ ~ @! 10::O} I/) ~: - I ~ : tl !wr: i ~O )) ~ jJ, I I II I ,- : I I 'I I! II IO'-[) ) I ~/ " I (0 r)~ lID 0 I ~ I)~ ~ ~~ ,/: 0 ~ / , 10m / . /~ P (0 0 I ! --- -- / ~~ ~: 0I:ID>l ~ U I) -~CiJ___-~---/// ~I~ ~! ... c::rJr [0 0 I Ii G I) ~ c:J:]d l:-~rlt] [~C:::J Q 10 r)j 10 0 lorn (0 I)~ or~::CJ L:~rr~] OD~D :D~D :~8~ ~ 9 iil ~ Iii ~ ) : 0 rn I 0 I ~ ~h ~~ i~ ~~ I ~ c' ~ ~ I Ii I ~ li D.. )- : i ~ I Jf\~j) FROM FRRMERS INS FRRRIS 113.313.1998 11126 P. I THIr farmers Insurance 0" QOMrANIW. I. ,.....' + I ! i ! II MICH EL AND BRENDA ALLEN . P.O. BOX 4511 , :. SAN ERNARD1NO CA. 92412 : , , I: ; FARME INSURANCE GROUP OF COMPANIES HAS BJE~INSlJRJ NG THE BUILO~Nr, IN YOllR REPO 'ESSION BUSINESS SINCE 1991. j J WITH ITTLE OR NO CONCERN ABOUT FIRE fROM ~rORAr,E VEHICLES. 1 WILL SAY THAT CONS lICHON or PAIVACY WAll SHOULD ENHANC"E IIlPEI<AlION OF YOIlR B~SINESS WITIt SECU TY AS wn L A." APPEARANCE.: . WE U ERSTAND VEHICLES ARE STORIED INSIDE :BllLIJIN(~S WE INSURE. ~TSIDE WOUUl BE E N LESS CONCERN. i I I ill' ! , I ! I ' i . I' i I I I , GLYN L FARRIS 6682 DEL ROSA AVE SAN ERNARD1NO CA. 92404 (909 384.1246 Y GlYN .__ V'~4t4,-l-,A FARRIS I, I I I I' I I I I , ' , ( FASt, FAIA) fNOt,Y SERVICE I - ***END... f.~~J INSURANCE FIRM OF WALTER C. CAGLEY INSURANCE 3615 THOUSAND OAKS BLVD. SUITE U8 WESTLAKE VILLAGE. CALIFORNIA 91361 TELEPHONE, (818) 889-4400. (80S) 497-1141 FAX (80S) 379.9719 . . WALTER C. CAGLEY October 08, 1998 RE: 197 South D Street, San Bernardino Hours of operation: M-F 8:30 am to 5:30 pm Dear Brenda Allen: In my experience as an insurance agent for the last 38 years and a specialist in repossession insurance for 18 years, I have never had an experience of an auto blowing up or causing any kind of serious fire damage in this business. I am a licensed agent in 40 states and write repossession insurance throughout the states. I feel that I am considered an expert in this type of business. There is no repair, engine work, or other types of mechanical work done on vehicles that are repossessed. Therefore, that eliminates all chance of fire or explosion damage. I insure hundreds of repossession agencies and I have never had an occasion where the insurance was turned down from any occupancy located next to a repossession agency. Thank you for your time and consideration. Sincerely, Walter C. Cagley SENT 8Y: XEROX 3006; 9-14-98 4:20PM; 9313812734 :> 111/1 i{~rr ~ID STATE SHARPTON INSUR-'HCE \ ,\RROWIIE^D ENTERI'RISES, I :m. 1'.0 noxl! 5411 San Bernadino, CA 92412-5411 HRENDA ALLEN I'ax 'l()<)-:l81.5644 14 September, J 99R RE I'riv",'y Wall DC/lr Brenda. Thi. is Il' cunlin.. our phone cOllversaliOll today regarding your desire8 to cnnstnlct Ihe archilccnlral pri\'a':y wall! fence that :V"U have had designed for the location of your business Ilperation. Specifically, I can say that an action such as this would be very tavorable for :vour bllsiness sccurity, which we obviously insure in 8everal capacities. Gentrlllly, and in re.ponse tll your comments regarding adjRCent propertK:S, I would cOllcur lhat II fully prntected and constantly monitored property such as the one you operal~ w,mld be 1111 advllmage 10 the neighbnrhood. 1, as an insurance IIgont, would cor.sider It vicinity with selectlWCJlty-four hour businll~s activity. and examples of personal security measures being practiced a safer environment for both propllny and personnel. "lease advise me liS 10 the cumpletion of your proposed property improvtment Sincen:iy, ~? / / \.b..(t"~ t/'()tA#9 1l4ck Y ollnl! . IIJO CARMACK .OUI,r:V.IiRO. COLUMBIA. TENNESS~C 3640 I 'f'f:l,"::PHO"I: !l31 111.lI;Ia2 Uti /.111)0 IIU.lIlln rAX t::u 311 ~j'J.4 16/36/1998 17:46 9093763923 :.JESTE:-jBERGER PAGE Ell . . W.,laDIIaqer insurane. aoee s. 'I:' St., Sle. 203 San Elenwutno, CA 82.oe (8OlI)370.3853 Fill( (90$)370.3823 .. October 30, 1998 Brenda Allen Re: Storage of VehiclN Brenda, Per our phone conversation Of tOday, in my 16 years as an insurance agent specializing in automotive rePair garages and automobile sale. agenc:ie. I have never had a dient submit a cJaim involving an explosion of any vehicles that were stored at his place of business. This type of risk presents no additional safety concerns. With regard to a security wall; the security wall \\OUld b. an asset to any business of your kind, it adds' extra security, looks better to the surrounding businesses and provides a blrrier protecting your businell. If , can be of any further assistance, do not hesitate to give my office a call. Regards, ~sta~ BW/bw .. . 10. ~ WESTERN DOOR AN EMPLOYEE-OWNED COMPANY 444 A THOL STREET SAN BERNARDINO, CA 92401 (909) 889-6066 FAX (909) 889-1786 , ~ DATE: October 26, 1998 TO: FROM: Michael Hays John Jensen FAX COVER SHEET Number of pages including cover sheet: _3_. Please notify if you don't receive total pages listed. A copy of this transmission is being made for our records. Message Oear Michael, Mike & Brenda Allen's project at 206/298 So. "0" Street was not completed by the October 21, 1998 completion date stipulated in "Conditions of Approval of CUP No. 97-17 & Variance 97-1 OA & 10B. Conditions for failure to complete are spelled out explicitly for the above CUP & Variance to become null and void. Work continues as of this date. Shouldn't a "Stop Notice" be issued? This is written notice to inform you that I intend to take legal action against The City of San Bernardino if they fail to enforce the requirements set forth in the "Conditions of Approval", dated October 21, 1997. (See attached: "Attachments E") fllLhl Entered into Record at ~ Council/CmyDevCms Mtg: -- ~~~~JJJ~-rq ~h.~ Gill' '", City 01 Sail tl~llIdIU"'U Respectfully, d 1F2-3 .', . . CoacIitioaa1 Use I'Crmit No. 97-17 VariaDce No. 97-10 HeariDB 0aIe: 10-21-97 Page 13 ATIACHMENT E CONDmONS OF APPROVAL Conditional Use Pennit No. 97-17 &. Variance No. 97-l0A &. lOB 1. Within two years of development approval, constnlction on improvements shall have been . completed or the permit/approval shall become null and void. In addition, if after cOmmencement of constnlction, work is discontinued for a period of 6 months, then the permit/approval shall become null and void. Phasing of project constnlctionldevelopment shall be as follows: Project: Conditional Use Permit No, 97-17 &. Variance No. 97-l0A&.B Phase I: Within 4 months of development approval, building permits shall have been pulled or the permit/approval shall become null and void. Within 12 months of deve100ment approval, all buildine:s in Phase I shall be comoleted or the nennit/aDoroval shall hfoNoome null and void. All required landscaping and fencing shall be installed (with appropnate permits) prior to issuanCe of any Certificate of Occupancy. If Phase I buildings are not conStnlcted, all required landscaping and fencing shall be installed within 4 months of development approval. Landscaping within required setbacks shall be consistent with Development Code Section 19.28.040(3)(A)[Opaque Screen, Type A]. If either oDtion of Ph~... I is not colT\Pleted by the exoiration date. CUP 97-17 &. VAP. 97-10 shall become null and void. Phase II: Within 4 months of completion of Phase I, building permits shall have been pulled or the permit/approval shall become null and void. Within 12 months of completion of Phase I, all buildings in Phase II shall be completed or the permit/approval shall become null and void. If Phase II buildings are not constnlcted, all required landscaping and fencing shall be installed within 4 months of completion of Phase I. Landscaping within required setbacks shall be consistent with Development Code Section 19.28.040(3)(A)[Opaque Screen, Type A]. If either option of Phase II is not completed by the expiration date, CUP 97-17 &. V AR 97-10 shall become null and void. 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant a one time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. Upon approval of CUP No. 97-17 and VAR No. 97-10, CDP 866 shall become null and void. ." ~ , " PROJECT Number: Address: Applicantl Owner: Description: ACTION: Meeting Date: --.J -... -- ------ STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION Conditional Use Permit No. 97-17 and Variance No. 97-10 ~ 206 South "D" Street Michael and Brenda Allen To construct additional buildings for an existing auto repossession business. Two 2,105 square foot auto storage buildings are proposed for Phase I; a 4,800 square foot covered parking building is ..&U~ for Phase ll. Also requested is a reduction in the north side yard setback to 5 feet and the south side yard 5etbaclc froIn 10 feet to 0 feet. The property is a 38,200 square foot site located at the southwest comer of the intersection of Athol Street and South "0" Street in the rr., Industrial Light, land use district. APPROVED October 21, 1997 The Planning Commission approved Conditional Use Permit No. 97-17 and Variance No. 97-10A and 97-10B, based on the Findings of Fact, subject to the Conditions of Approval (Attachment "E") and Standard Requirements (Attachment "F"). VOTE Ayes: Nays: Abstain: Absent: Hamilton, Lockett, Reilly, Schuiling, Suarez and Thrasher None None Enciso, Gonzalez and Quiel The decision of the Planning Commission is final unless a written appeal is filed, with the appropriate fee, within 15 days of the Planning Commission's action, pursuant to Section 19.52.100 of the Municipal (Development) Code. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of San Bernardino. ~r~ Michael . Hays, 0 tor Planning and Building Services Enclosures O'l.,? <7 Date cc: Applicant/Owner, Plan Check, Public WorkslEngineering, Case File, Department File, Address File .~ . , " (J ::::r- ~ (JQ _. ::s (JQ o _. - -. ::s CIl g (1) ...... o ::s o (J ...... o CJ (1) ""1 N - ~ - \0 \0 00 , ~ ~ f . (1) . ' ;J> - - (1) " ::s " ~ CIl ""'C (1) ""1 CIl o ::s ~ i.1 (J - (1) *1< --,.-._,..,+.,...c'.,....""_,,_._.._....~ .. !. \ CITY OF SANBERNARllINO '- REQUEST FOR COUNCIL ACflON FroOChae1 E. Hays, Director Dept: Development Services Subject: Appeal of the Planning Commission's approval of CUP No. 98-06 and'Variance No. 98-02 - A proposal to establish an indoor storage facility in an existing 11 ,500 square foot building, an outdoor vehicle impound yard, and a request for variances'for setbacks and fence/wall heights at 197 S. "D" Street. Date: September 24, 1998 MCC Date: October 5, 1998 Synopsis of Previous Council Action: None 7-7...'1-0~ Recommended Motion: That the Mayor and Common Council close the public hearing; deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 98-06 and Variance No. 98-02, based on the Findings of Fact, subject to the Conditions of Approval and Standard Requirements. , ~ ~f::t: E. Hays -0 Contact person: Michael E. Hays Phone: 384-5357 Supporting data attached: Staff Re.port Ward(s): 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acet. No.) N/A (Acet. Th>_'lCription) Finance: Council Notes: --.eOA~~ )~/S/.,~ ..;FtflJ o Agenda Item No :J. 3 /l12/"~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION o SUBJECT: STAFF REPORT APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDmONAL USE PERMIT NO. 98..()6 AND VARIANCE NO. 98-02 MAYOR AND COMMON COUNCn.. MIilillNG OF OCTOBER 5, 1998 A PPET ~T ~A.NT APPLICANT/PROPERTY OWNER John Jensen 444 Athol Street San Bernardino, CA 92401 (909) 889-6066 Brenda & Michael Allen 206 North "0" Street San Bernardino, CA 92401 (909) 825-8545 APPEAL, PROJECT PROPOSAL. AND WCATION The City has received an appeal on the Planning Commission's approval of Conditional Use Pennit No. 98..()6 and Variance No. 98-02. The project is a proposal to establish a storage facility in an existing 11,500 square foot building with an outdoor vehicle impound yard. Items to be stored in the building include automobiles, miscellaneous furniture and appliances and C' office ~uipment. The proposed outdoor vehicle impound yard will be located at the north end i of the SIte. The applicant also requests approval to vary from Development Code standards, as follows: 1. To reduce the 10 foot front and street side setbacks (along "0" and Athol Streets) to 5 feet and 4 feet, respectively; 2. To . reduce the 10 foot interior side and rear setbacks to zero to accommodate the establishment of an outdoor vehicle impound yard (with a 6 foot screening wall along a portion of "0" Street); and, 3. To increase the maximum allowable fence and wall heights in the front and street side setbacks from 6 feet to 8 feet (along "0" and Athol Streets). The 0.73 acre project site is located at 197 South "0" Street, on the northeast comer of Athol and "0" Streets in the n.., Industrial Light General Plan land use designation (see Exhibit 1, Site Location Map; and, Exhibit 2, Site Plan/Floor Plan). The Planning Commission Staff Report (Exhibit 5) contains detailed background information and staff's analysis of the project proposal. KEY ISSUES o The Appeal is of the Planning Commission's approval of the outdoor vehicle impound yard, and the variance requests to reduce setbacks. Other related issues are outlined in the Application for Appeal (see Exhibit 3). These issues were considered by the Planning Commission before action was taken on the project. 0.. Appeal- CUP No. 98-06 & V AR No. 98-02 . Mayor and Common Counell Meeting of October 5, 1998 Page 2 RF.T ."TED PROJECT INFORMATION At the August 4, 1998 Planning Commission meeting, several Commissioners and members of the public were concerned that the applicants would defer constructing the on-site and off-site improvements for the project. As a result, the Planning Commission continued the project to August 18, 1998 so that staff could meet with the project applicants and bring back information on potential financial assurance mechanisms, and a revised perimeter wall elevation. Staff's meeting with the applicants occurred on August 12, 1998. A summary of the meeting is contained in Exhibit 4. ENVIRONMF.NTAL DETF..RMINATlON Staff determined that the project proposal will not result in any significant environmental impacts to the site or surrounding area. Section 15061(b)(3) of the CEQA Guidelines states such O activities are covered by the general rule that CEQA applies only to projects that have the. , potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. PLANNING COMMISSION RECOMMENDATION The Planning Commission approved Conditional Use Permit No. 98-06 and Variance No. 98-02 to establish a storage facility in an existing 11,500 square foot building, and the proposed outdoor vehicle impound yard at the north end of the site in the front and side setbacks, and all variance requests as proposed by the applicants (see Exhibit 6, Planning Commission Action). Planning Commission Vote: Ayes - Durr, Garcia, Hendrix, and Suarez Nays - Schuiling and Thrasher Abstain - None Absent - Enciso and Lockett STAFF RECOMMENDATION Staff recommends that the Mayor and Common Council: 01. Deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 98-06, to establish an outdoor vehicle impound yard and storage facility in an existing 11,500 square foot manufacturing building based on the Findings of Fact and subject to the Conditions of Approval (Exhibit 6) and Standard Requirements (Exhibit 6); and, "~:_-:e"~-' ~-" - ..."." Appeal- CUP No. 98-06 & V AR No. 98-02 . Mayor and Common Councll Meeting of "October S, 1998 \,.,,)l'1'&e 3 2. Deny the appeal and uphold the Planning Commission's approval of Variance No. 98-02, as follows: 1.) to reduce the 10 foot front and street side landscape setbacks to S feet and 4 feet, respectively; 2.) the to reduce the 10 foot interior side and rear setbacks; 3.) to reduce the front setback to accommodate the establishment of an outdoor vehicle impound yard; and, 4.) to increase the maximum fence and wall heights from 6 feet to 8 feet along the "D" and Athol Street frontages based on the Findings of Fact and subject to the Conditions of Approval (Exhibit 6) and Standard Requirements (Exhibit 6). Deborah Woldruff, Associate Planner for Michael E. Hays, Director of Development Services Prepared by: I 2 O~ S o EYHTRITS 6 Site Location Map Site Plan/Floor Plan Application for Appeal (September 9, 1998) Memorandum to the Planning Commission (August 13, 1998) Planning Commission Staff Report (August 4, 1998) Attachments: A Site Location Map * B Site plan/Floor Plan * C Development Code/General Plan Conformance Table D Conditions of Approval (Not included - see Exhibit 6) E Standard Requirements (Not included - see Exhibit 6) F Applicant's Variance Findings Planning Commission Action * Included in Items 1 and 2, above EXIllBIT "1" CITY OF SAN BERNARDINO CUP No. 98-06 & VAR No. 98-02 r-eNERAL ,PLAN LAND USE DESIGNATION ~te ,--j./ ~'lJ7 Site Location Map . Adopted 6-2-89 Panel No. ..GA.. - '(Ji;~9 - '-'"",- ,...-.--~~-t ~LT\.r 1; [ '.~ ~.. '!r 'L-1-t ,~ l. l I~ Ll~t << L'L' I'! }L' : ~ll..' L.L. I I t. '. rt I ~.,';<-'-:L I h"[. I :.- l . .1 LL.l. I ~~_'r I' .; .. / /, jinfl; T! 1= :q I 11, · I !~: : \.I ,\ . ; i't. :.. ;. ~ ~ ! I i ~ ! " ! . . I i !~ . n . ~ !!' 1 ~ n -!!;e n i il~, I ~ . rn i ~Hr 1 r ;J . t ~ . _~lrJ ~ . '-!1~ . - n r"-" \1 ~ t"; I , -. :~~;e 11 ,.., .,.~ ! . ~ .. ! "" : '....... . J ~ . ,...u_ " ~ I J H' ." ;0- Ii a ~ - I '-' I - I a a I L____ __ EXlUBIT "2" --.--, D '; q - r .. "" ." II -", II ! ,~ ..~ '. I" ; , ; I P. :"'i:~~ J .....-.1IIlf;... 11 ~ . '!IIlIL IIUIlr 1 ~I . - .. ill '"llr, II iPllj:i11ljll n\i----!.~rf I r, t 111111", 1IIIil Illliil il:i ~~ - II · i (If If . I! II' I -If It III :lrtiH I 1!ll '''". II .n t';., f II'! 1'''1 . \ I un:' .1 .ilI tFt", r I II! "I' oct ' I I, h! \ it II I ii Ii ~~ - I! . ". :, . ~ I 1~~1 DnaGPIIENT I PElMT'IIft PLAN r\.~" . .-- I ~!Ct,:". .' . :... iIIii ca. 'II4ot . . . , . f . 1 <' . '~~ .- t- OlCnnOD j)(!)i){ 411SICXllllfl T.......~.~..OIlO..JIM!lIo'llClll.(J......,. . EXHIBIT "3" CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT 300 NonIt "D" SIre6I. 3rrl n-'.s. r .....,'-. Cd 92418 ""... (909) Ju.50S7 FIZZ (909) JlU-SQ80 APPLICATION FOR APPEAL OF A DIRECJ'OR DETERMINATION, DEVELOPMENT/ENVIRONMENTAL REVIEW COMMIITEE DETERMINATION OR PLANNING COMMISSION DETERMINATION Appellant's Name, Address & Phone Jc~~ Je,,-,~vJ 'I'll A+~c I SfRee.:t- .soiA) BI("(~A~J;"":'i). CA 9c210/ Contact Person, Address & Phone S4111E ( C)/) 9) .- As A6DJ/t: '687- bObb uant to Section 19.52.100 of the Development (Municipal) Code, all appeal must be filed on a ity application fonn within 15 days following the final date of action, accompanied by the appropriate fee. Appeals are nonnally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specifIc date and time. Date Appeal Filed ()~J():;../q1 , , Received by 0.uJ~1- $/ :; 'f. 00 Receipt No. Receipt Amount PL.. q -z 0 I.{" Application 2 The following iDf'ormatlon must be completed: Specific action being appealed and date of that action A ,{O~/4/ [! C.uP A)." 'l8-Db AN) ~iA~c..e. 1\1,. '1 .02- o~ Av.:j"(st /S, /798 hi fJJ.ANNiNj C,')..,.....SSiON Specific grounds for the appeal S't:..e AffAC.(,,€:'& /e....II~ d-ifeJ. Stp~.whei ~ 17'18 It~l .E )( ~ " Ioi'f.s itA' -H,RU. at;)) Action sought ")J~"" " 0'-1-1- silt:.... 1j..{.c~1t Je- t ^e.tJoss'e.sse) l'~c,tJe~+v , , I of 5~+bl4c:..k t:.t!.~l.as+s. Additional information fJL€4.sC:. :S~t:. A-I-I-Acr..e.J ~)(h,"',f "H" A^'~ "rJ of ve.~'c/~.s 0,( o4e~ 4^-ld. ,JeNV A,.;,J A.e.du.c.. f,o'..J T I l~~ 9-/-7'0 Date / o September 1, 1998 To: City Council and Mayor From: John L. Jensen - Property Owner, 444 Athol Street, San Bernardino Application for Appeal: CUP No. 98-06 and Variance No. 98-02 197 So. "0" Street, San Bernardino, CA 92401 Specific Grounds for the ADpeal and Additional information 1. . 2. o 4. 5. 6. 1. 8. o Please see Exhibit "A" dated July 31,1998. (9) Nine pages, William J. Ward-Attorney. Excessive storage of vehicles on property will create a fire hazard and added liability to surrounding businesses. Increased fire and liability hazard created by this type of use will result in increased premiums for surrounding businesses. See attached Exhibit "B" dated August 25, 1998, (2) pages C. R. Cooper Insurance. ADA handicap access to offices will be impaired or blocked by stored vehicles per operation description and plans submitted by Aliens. Allen's have been operating their business at this location for approximately two years without a Certificate of Occupancy and have created a "Public Nuisance". See attached report, Exhibit "C", dated 12-02-96, (1) one page. Allen's current and future usage of utilizing city streets for their business operation was brought up by Joe Suarez, Planning Commissioner, at the August 18, 1998 hearing. Bill LeMann, attomey-representing Aliens, verified that the Allen's intended to continue to use the city streets for loading and unloading of repossessed vehicles. Plans submitted verify this since they do not show any designated loading and unloading zones on premises. Allen's have completed work inside the building without permits. See attached Stop- Work Notice, Exhibit "0", dated 2-26-98, (2) two pages. Allen's have a 20-year history of non-compliance and refusal to co-operate with City of San Bernardino personnel. See Exhibit "E" dated May f, 1997, (2) two pages regarding letter from Margaret Park to Tim Sabo. The granting of setback reductions is not consistent with surrounding business that have larger setbacks in place. Page 1 of 2 '~.,......-~.~,.., o 9. o o 10. 11. 12. 13. 15. Approving variances to create over-intensification of properties usage in a light industrial . zone will cause surrounding property values to be devalued and difficult to sell. City Attorney, James F. Penman, has declared a conflict of interest and has actively participated in pressuring Planning Staff to allow the Aliens to develop property. See Exhibit "F" dated February 26, 1997. Planning Commission did not follow Planning Staffs "Recommended Motion" when approving CUp No. 98-06 and Variance No. 98-02. See attached August 18,1998, Planning commission Agenda, Exhibit "G', (3) three pages. Planning Commission had two members absent (Enciso and Lockett) when vote was taken at August 18, 1998 meeting. Votes for Ayes would have changed outcome of action. Building permit #102790 taken out by Aliens' for improvements had expired on 9-19-97 with no completion or finals. Planning should have made Commissioners aware of this at August 18, 1998 hearing, and failed to do so. Planning Commission Chairperson Thrasher's prudent urging that this matter be continued to see if the Allen's completed the requirements of CUP No. 97-17 and Variance No. 97-10 by October 21, 1998 was not taken into account. The Planning Commission granted the Allen's (6) six months to complete requirements of CUP 98-06 and Variance No. 98-02. A written history of long delays and noncompliance should have been considered and this matter should have been continued until Allen's showed they were in compliance without further delays. See Exhibits "H", (1) one page. Allen's have misrepresented their business operation. "Temporary Storage" was described by Mike Allen in terms of ONLY DAYS! See attabhed letter dated February 2, 1978 from Michael P. Allen to City of San Bernardino, Exhibit "I", (2) pages. Page 2 of 2 .---- }U.(;,r;-D ~:;~~w TWO CARNCGIE C.ENTRE e8a CAST CARNE.GIC CAlVE. SUITE. 140 SAN BERNARDINO. CA 92408 TEI..E.PHON~ laoaI38'.8350 ~ACSI""tI..E' 10001.381.83808 AI..EXANOIltA S. WARC WII..L1AM J. WARD July 31,1998 ,[ X h I b I + 4'A)) 0';'" ~1l.C NUMaCR J0005-00 I Planning Commission Members, City of San Bernardino San Bernardino City Hall 300 N. "D" Street San Bernardino, CA 92418 Re: Applications/or f:onditional Use Permit No. 98-06 and Variance No. 98- 02; 197 S. "D" Street, San Bernardino ~r Commission Members: U I represent Western Door and John Jensen in connection with their objections to the above-referenced project. REQUESTED ACTION Western Door requests that the Commission deny these applications outright or, in the alternative, table the matters to a continued date for the purpose of evaluating additional conditions for the granting of these applications. SUMMARY OF POSITION Western Door's position can be summarized as follows: the applicants continue to store vehicles/or years on their properties, even though such storage is a violation of City requirements. Attached hereto are two sets of photographs. The fIrst set of photographs are pictures taken on February 19, 1997, of both the 197 S. "D" storage yard and the 206/208 S. "D" storage yard which are part of the business owned by Michael Od Brenda Allen. Among other things, a truck can be seen in the upper right hand mer of the 206/208 S. "D" yard, and a red Camaro can be seen in the 197 S. "D" storage yard. A'lL- / Df ~ WARD O~~~~w Planning Commission Members, City of San Bernardino . July 31, 1998 . Page 2 The second set of photographs, taken on July 20, 1998 (a year-and-a-half1ater) show the same white truck in the upper right-hand comer of the storage yard, and the same Camaro shown in the 197 S. "D" storage yard. This is only an example of the continued, long-term storage operations being conducted by the Aliens. The fact that the Aliens persist in storing vehicles for years clouds the distinction between an auto repossessiorrbusiness (a permitted use), and a salvage yard or long-term storage business (not a permitted use). 0.. The applications before the Commission are essentially a business expansion of the operation currently located at 206/208 "D" Street. These two properties are inextricably intertwined in that they both have the same operation, namely, storage of vehicles, are part ofthe same business, and both have financial requirements which directly bear upon the compliance of these properties with zoning ordinances and the. City's general plan. The representation that the Aliens' business would be for temporary storage only is a promise that has been repeatedly made and broken. CONDITIONAL USE PERMIT NO. 98-06 A. PROPOSED USE IS NOT PERMITTED AND WOULD IMPAIR INTEGRITY OF SUBJECT PLANNED USE DISTRICT The history of the Aliens' business, including what is being conducted on 197 S. "D" Street, is the long-term, outdoor storage of vehicles. This is clearly in violation of the zoning requirements of a IL district standard. Certainly, the Aliens are representing that storage is only temporary; however, in fact, they persist in storing vehicles for years, including the Camaro which presently sits on 197 S. "D" Street. o ~je. Z ~f CJ ~r;-D U:-:~~~W .. Planning Commission Members, City of San Bernardino . July31,1998 . Page 3 The same misrepresentations were made by the Aliens in connection with 206/208 S. "0" Street. In the summary provided by your planning staff in connection with revocation of Conditional Development Permit No. 866 (hearing date July 8,1997), your staff sets forth a chronology demonstrating the Aliens' persistent refusal to comply with City requirements. In 1978, the Aliens were allowed to use the yard for temporary storage of repossessed or broken-down vehicles. As your staff accurately states: "This type of use stores vehicles that will be released to the legal owner withi/! afew days and not stored so long as to have tires go flat, to have wheels removed, and to have registration tags expire." (Summary of Revocation ofCDP No. 866, p. 2 [emphasis added].) At that time, as noted, the Aliens' 1978 COP application states that the QPorary storage "usually is accomplished within afew days after the vehicle is . overed." Since that time, however, the Aliens have persisted in storing vehicles for ears. Based upon the Aliens' course of conduct, it is clear that the actual use to which they will put 197 S. "0" is for long-term storage of vehicles which is a zoning violation. When the City staff noted that the Aliens had been storing vehicles with registration tags that expired as long as 15 years ago, the staff cited Section 8.36.010 of the Municipal Code. This section states, in pertinent part: "The accumulation of storage and abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property. . . is a public nuisance which may be abated. . .." The public nuisance which will be created should the Conditional Use Permit be approved for 197 S. "D" Street is something that the City should avoid. B. PROPOSED USE NOT CONSISTENT WIlli GENERAL PLAN. General Plan Objection 1.32 states: "Retain, enhance, and intensify existing and provide for the new development of light industrial uses along major vehicular. . . routes serving the City of San Bernardino." o There are several businesses along South "D" Street in addition to Western Ooor which epitomize this objective. The long-term storage of inoperable vehicles substantially detracts from this objective. ~:J~ 3 of I. '0 WARD Oo~~~~w Planning Commission Members, City of San Bernardino . July 31,1998 . Page 4 When the Allens requested that they be allowed to enclose or build-out portions of 206/208 S "0" Street, this General Plan Objective was quoted by the planning staff. However, with regard to this permit application, 98-06, there is no mention of this particular portion of the General Plan. Instead, General Plan Policy 1.32.10 is quoted as identifying outdoor display and storage is a permitted use in the IL district. However, no one disputes the fact that long-term storage of vehicles is not a permitted use in an IL district. ~ C. LOCATION, SIZE, DESIGN, AND OPERATING CHARACTERISTICS ARE NOT COMPATIBLE. o The location, size, design, and operating characteristics of the proposed use are not compatible with the existing and future land uses within the general area in which the proposed use is to be located. As stated, the existing area is for light industrial. Because the Allens persist in long-term storage of vehicles, their use is not consistent. Further, the proposed development at 197 S. "0" Street does not provide for adequate area in which to load or unload vehicles. The loading and unloading of vehicles may take place on the public thoroughfare. This is an adverse condition which must be considered by the Commission. D. THE SUBJECT SITE IS NOT PHYSICALLY SUITABLE. As your staff has accurately noted, the 197 S. "0" Street is not physically suitable for the outdoor vehicle impound yard as proposed. Given the setback variances which are requested by the applicant, your staff has noted that there will be a "over- intensification of the site." This means that there will again be a great many cars stored outdoors, and the property will look horrible. This detracts from the City's overall goal of eliminating blight. Further, the applicant is proposing to have vehicles enter on Athol Street, instead of"D" Street. The applicant should be made to reconfigure this site so that vehicles can rY brought in and loaded and unloaded off of"D" Street, making a zero setback Vmecessary. Thus, as the site is currently configured, it is not suitable for the proposed use, and the Conditional Use Permit should be denied as proposed. , fJA je- 'I of 9 WARD Oo~~~~w Planning Commission Members, City of San Bernardino . July 31,1998 . Page 5 APPLICATION FOR VARIANCE NO. 98-02 A. PURPORTED SPECIAL CIRCUMSTANCES DO NOT JUSTIFY VARIANCE. One factor in allowing for the issue of a variance would be that there are special circumstances applicable to a certain property which would deprive that property of the privileges enjoyed by other property in the vicinity under identical land use district classification. This factor does-not apply here. The other properties in this district are light manufacturing. The Aliens wish to come into this district and have long-term outside storage of vehicles . This is at odds of the general nature of the neighborhood. O. Moreover, the Aliens could reconfigure their property so that circulation would me from where the "D" Street side of the property. Granted, not as many cars could be stored; however, the Aliens should not be storing all of these vehicles outside for extended periods of time. B. GRANTING OF VARIANCES NECESSARY FOR PRESERVATION OF SUBSTANTIAL PROPERTY RIGHT. The Aliens went in and began business operations on 197 S. "D" Street without a certificate of occupancy. Further, they began doing construction in the building without permits. The AlIens now are attempting to say that they have some type of property right because they bought property, knowing the requirements in the area, and began to occupy and commence construction without entitlements. This property can be used for a great number of things other than on-site storage of vehicles. There is not significant property right at issue; rather, the Aliens wish to have long-term storage of vehicles, which is not a permitted use, in an area where there shouldn't be such a use. Other appropriate uses can be made of this property, and the variance should be denied. The AlIens purchased this property knowing the requirements, now they wish to have yet another exemption from what is required. o GRANTING OF VARIANCE HARMS ESTHETICS. The City of San Bernardino, to its credit, has required landscaping setbacks throughout the City. These landscaping setbacks have enhanced the properties in the ~Je. S 019 ~,.;.c;.;.,..__ WARD O~~~~w Planning Commission Members, City of San Bernardino . July 31,1998 . Page 6 areas in which they exist. The City should consistently apply its goal of having landscape setbacks throughout commercial zones in the City. Other properties, including that owned by Western Door, have adhered to the landscaping setbacks in this area. Even the casual observer can note the difference between the legitimate business operations in this district and the long-term storage operations currently conducted on both properties owned by the Aliens. The City should consistently apply its rules, alld should further its goal ofhilVing adequate landscape setbacks. D. GRANTING OF VARIANCE CONSTITUTES A SPECIAL PRIVILEGE. o Again, all the other businesses in the area have landscaping setbacks. To grant the variances requested by the Aliens would be to accord them a special privilege which is not appropriate. E. VARIANCE WOULD F ACILITA TE AN UNAUTHORIZED USE. The history of the Aliens' business demonstrates that they persist in storing inoperable vehicles for extended periods of time in violation of the City's zoning ordinances. This conduct should not be encouraged by providin.g variances which would allow the long-term storage of vehicles into setback areas. The Aliens should be made to reconfigure their property to allow for ingress and egress off of "D" Street where a small or zero setback on Athol Street would not be required. As to the application for a variance for the landscape setback on "D" street, the Aliens should be made to have a 10-foot setback, so they are consistent with the other properties in the area. F . VARIANCE NOT CONSISTENT WITH GENERAL PLAN. O The General Plan provides that this district is for light industrial uses. To grant a ariance to allow storage of vehicles in a setback area without adequate landscaping, would be to highlight the fact that there is long-term storage of inoperable vehicles in a light industrial area. /hJe. b of 9. " ,- . WARD O~~~~w Planning Commission Members, City of San Bernardino . July31,1998 . Page 7 CONCLUSION Western Door submits that the applications should both be denied in their entirety. However, as an alternative, the following should be considered: (1) before ruling on this application, determine whether the Allens are actually going to comply with the requirements Conditional Use Permit 97-17, as specifically the completion of construction of certain buildings at 206/208 S. uD" Street by October 21, 1998 (only 90 days from now); (2) require that the Allens reconfigure their proposed plan for 197 S. uD" Street so that the setback variances are not needed; and (3) provide for adequate restrictions on how long vehicles can be stored on the outside of these buildings. OTED: July 31,1998 Respectfully Submitted, WARD & WARD BY:~cJ.~ WilliamJ. Ward ~ Attorneys for Western Door and John Jensen IIJOOOS.oollPIlMingCommissionMcmbcrsLoacr200 copy: John Jensen o , A:;e. 7 of cr o Photos taken 2/19/97 206 - 208 South "D" Storage Yard 197 South "D" Storage Yard \ . o c) o / PHOTOSTA 206/208 SKEOUNT7-20-1998 H"on STORAGE Y ARO -- " ..- ..;+"~'>'- . ,..".~,:_:.:"._ ._....._~.~2~ ;.;~..- ;,. ..,.-" .~"...::....""'" ,";,;;;:~_..."_..".....".-"",,f~"~~'"" " ~.,: ~=--~ ""~....;.~..;:",:':"'---"' -:~'-""'-~""" .!-~~~-' -,- ...$1 " . 197 SOUTH "0" STORAGE YARD t .......... ~_ ~t .... ".lr,,.,.r T' _O_'"r ~ !J".~ ..... ~_ ~.r;-.:I~~~ - . . , ~_.. ~._. c" o C. R. Cooper Insurance Brokerage CaIlf. Lic.IOA'lll88O 2115 North on" Street, Suite 101 San Bernardino, Califomia 92401-1701 Ph: 909-384-1216. Fax: 909-384-1632 8-25-98 Exhtb;f "r ~l) Ed English San Bernardino Glass and Mirror 167 South "D" street San Bernardino, CA 92401 RE: property and liability insurance Dear Ed; Pursuant to our last conversation this letter will confirm the potential negative impact to your property and liability insurance rates and ability to ~btain insurance caused by a change of the occupancy of adjacent properties to your building. Building fire rates are based on the city's protection class, building age, construction, occupancy, housekeeping, frequency of losses, and adjacent building occupancies. Currently San Bernardino Glass has ry low rates based on the above parameters of fire rating. We ve control of all the above factors except frequency of outside loss and adjacent building occupancies. Frequency of outside loss is hard to monitor and the insurance companies adjust their rates and desire to provide insurance based on a building's surrounding properties. When a good business suffers numerous outside losses insurance companies will raise the rates and in some cases decline to offer coverage. During business hours an. owner is able to monitor activities inside and outside their business and therefore prevent and minimize losses. Historically businesses that are adjacent to ~ 24 hour operation suffer more vandalism and malicious mischief do to public access. Further to the above, adjacent business occupancies with higher fire danger will effect the fire rates and availability of insurance for lower fire risks. San Bernardino Glass has a low fire rate do the type of business and lower fire hazard. Insurance carriers look at surrounding building occupancies to determine fires rates and obviously a building with a higher fire rating will effect the rates of others as fires do spread from one building to another. Qlong with fire safety concerns, insurance carriers also are oncerned with premises liability. Businesses with a 24 hour operation traditionally have more losses do to increased "traffic". Obviously adjacent business have the same increase in losses. pg 1 of 2 o In summary, I am concerned about the changes in adjacent building occupancies. Your current insurance carrier has provided and rated your insurance based on a location without an increased fire risk. Your future rates and insurance availability will be placed in jeopardy by a change in adjacent building occupancies. Cordially Yours; o o ,. C. R. Cooper W1II'lUIC8 Brokerage CalIf. Uo. 'OA_ "....".,,~.; "..",--,,,_,.~, .c."... o equest NWIlber: .equest Type: '.eferral Dept: ;ontact Name: . DAfT!" 12-02-96 city of San Bernardino Resident servi(!e Request Public Information Office 300 North D street - San Bernardino, Ca. 92418 (714.) 384-5211 J r I f rr /l \) r.>(VlilOi L. 50303 122 Property Nuisance Unsightly 181 Building & Safety Debra Daniels Ext: 5205 .<lcation: 197 S "D" STREET ~omplainant: PLANNING - MARGARET ,ddress: ;ity, State, Zip: 'hone: 'ard: 3/BB 'aken By: G FRANSKE Date: 11-07-96 Mailer Y/N: No pr Projected Resolution Date: 11-22-96 Municipal Code: 8.33.010K/100 Time: 12:18PM Jescription: ~ iE-837 STORING JUNK/DAMAGED VEHICLES (BOATS, TRACTORS, TRAILERS) ,"HEN PERMIT WAS ISSUED FOR VEHICLE STORAGE FACILITY (IN JUNE) <EQUIREMENT WAS FOR SUMBMITTAL & APPROVAL OF A DPI. STORAGE IS :XTERIOR. ,ctOaken: ~losed Date: o " By: STOP - WORK . hi 't t7 J))) IU.A.C.202.1 CITY OF SAN BERNARDINO DEPARTMENT OF PLANNING AND BUILDING SERVICES 300 North "0" Street. San Bernardino. CA 92418-0001 (909) 384-60'1 " FAX 19091 384-6463 NOTICE ZIP COIl(; '1:; ~ Z- au ARE HEREBY NOTIFIED TO STOP WORK. YOU ARE IN VIOLAnON OF THE FOLLOWING SEcnONS OF THE SAN BERNARDINO MUNICIPAL CODE. 15.04.020: CONSTRUCTION and/or AL TERATIO , ~ / IAI 171-1 D SPECIAL INVESTIGATION AND FEE REQUIRED IUAC. 3041dll PLANS REQUIRED OTHER The listed violations must be corrected within I 0 . days. Pi,~se notify an inspector of the Department of Planning end Building Services when corrections have been completed. If you have any questions. please call this Department. Thank You. Phone' -Z y :..I, ~." -; . . .. .' .~ . . ~IIONA1\.IIIIE If you object to the determination concerning this STOP-WORK NonCE. you must file ii written protesttothe !.JARD OF BUILDING COMMISSIONERS no later than 1C Iten) days from the date ofth:s notice, however. no .Jrk may proceed until the board has acted upon the appeal. Failure to correct the listed violations may result in the City placing a Notice of Pendancy upon this property until the violations are corrected. ompliance with this notice. before. on. or after the above compliance date. does not prevent prosecution by .e City Attorney's Office on any of the above violations of the San Bernardino Municipal Code. Vlolaton may be punished by a fine of up to $SOO or by imprisonment In the County Jan for e period . f six (6) months or by both fine and Imprisonment. p A G!: / of 2- ......_...M"~ o I I \ I ., \ o fAJ e.. 2.. of l o o TO: FROM: RE: DATE: COPIES: Ex r,., i bit. ~)) CITY OF SAN BERNARDINO Department of PI.nnil1g and Building Services . Memorandum Tim Sabo, Sabo and Green Margaret Park, Associate P~~ Chronology of events on Michael Allen project May 7, 1997 Mike Hays, Director Valerie Ross, Principal Planner 208 S. 'D' File =========================================== This chronology is based on information in the high density file for 208 South 'D' Street and the file for CDP #866. 1/6/78 212/78* 2/13/78 3/1/78 3/18/78 3/20/78 4/18/78 4/18/78 4/19178 5/1178* 1978 8 YEAR VOID 8/18/86* 1986 5 YEAR VOID 1990? 8/21191* 1114/91 o 11115/91 Letter re: Minor Variance Letter re: description of CDP project Minor Variance application date Initial Study checklist prepared, Negative Declaration recommended Letter of objection from Frisonc Letter of objection from Pollock Letter of objection from Martin Business Machines Letter of objection from Di-Line Corp. P.C. approval M.C.C. approval Date unknown-written note of compliant about business Memo to me from Planner NortOD documenting that he was refused entry to the property by the owner. Date unknown-written note to file re: complaint Date unknown-Ross met with Allen, then item was pulled from BBC agenda Letter to Allen from Al Williams re: compliance with Code and CDP Note in Code Compliance me that AlIens failed to respond to the correction notice (8/21/91 letter) Notice of Pendency of Administrative Proceeding/Correction Notice-l0 day fJAJe I of 2... -..- O. 3123/92* 3124/92* 4/3/92 4 YEAR VOID 6/11196* 7110/96* 7/10/96* 12117/96* 1121/97 2/6/97 2111197* 3/8/97 3/25/97* o o compliance request Letter to Allen from BoughcylNolfo re: hearing date before BBC Letter to BBC from Allen re: request for continuance . BBC: request for continuance denied, abatement costs imposed ($373) Letter. of complaint from Jensen Memo to DouaghelPaulsen from Ross re: status of Di-Line Bldg. Memo to Ross from Douaghc re: applicant aware of requirement for DPI Letter to Allen re: compliance with the CDP; states that site must be cleaned up by January 21, 1997. No clean-up done at site. Meeting with AlIens, J. Thompson, S. Paulsen; Mr. Allen agrees to submit a Development Permit by March 8,1997. Memo to Hays re: summary of 216197 meeting - DPU required in lieu of CDP conditiol1S fulf1llment No Development Permit application submitted as agreed. Letter to Allen from Hays re: revocation of CDP flf j e. .t.. l> I 2.. ~,''''.'.' CITY OF ,.~ i..:~ . '.r'\ ;, '";,,.~/,,-; ~ - ",..,., /;/)/' Lt.:; ? 8;~!~; "'C. : > r9.9?j', . ........j 7'i~ II / . V <':"-.11:/ 1./ 1..:/ .......... San Bernardino OP,ICI OP THI CITY ATTORNEY JAMES F PENMAN CITY ATTORNEY ~ 1- J.f L:: X YlIIcJl rrF\) 26 February 1997 Mr. John Jensen Western Door & Window 444 Athol Street San Bernardino, CA 92401 RE: Your letter of 25 February 1997 Dear Mr. Jensen: Ohank you for your letter of 25 February 1997 regarding "the lIens" . This office declared a conflict some time ago when the matter of City of San Bernardino vs ~chael Allen was brought to my attention by Code Enforcement. I referred the matter to the Mayor at that time and I would encourage you to contact his office in regard to your complaint. Once a conflict has been declared it is impermissible for the department declaring the conflict to even inquire, yet alone intervene or attempt to influence any city action, investigation or decision on the matter in any way. o fA je.. I ~f 2... / 300 NORTH 0' STREET. IAN BERNAROINO, CALIFORNIA .241..0001 ("')11.."" Or. John Jensen February 1997 ge Two . o o I have forwarded your letter with its enclosures. to the Mayor. Yours Very Truly, -::;2.~ ames F. Penman City Attorney cc: Mayor's Office Councilwoman Rita Arias San Bernardino Glass Dixon Wheel Service Ralph Affaitati Truitt Westbrook Sanborn Fire Protection Circle-North American Steuart Goodwin Pipe Organs Courtney Motors Page Electric Company United Moving and Storage fhs€.. 1. 01 L . . CITY OF SAN BERNARDINO 300 North "D" Str<<t, San &marrlino. California 92418 Pholll! 909.384.5057, FtJJC 909.384.5080 COItlMISSlONDlS PLANNING COMMISSION AGENDA DUD. ~r11 ENaSO. A""",, GARCU. _ HENDMX. W"1.'" l.OaE1T. EM,.. SCHU1lJNG. Wllller SU.urEZ.J", 71I1tASRE1/. 0m>I f{ C:t \1 FINAL AUGUST 18, 1998 7:00 P.M. COUNCIL CHAMBERS, CITY HALL .. .. . _._ _.. ...,,_ - . ..... _._.d"_'__' ._"....... . . ... _,,_._...__ ....". . ,_ "'0" .......... _ . ....-.. THEel!')' OF SAN BERNA:Ii6lNo RECOGNIZES ITS QBLIGATlONT() PROVlDEEQUAL> ACCFSS} TO .Pl1BLIC SERVICES .TOTltOsg>>. INDIVII)l1AlSWITH DISUttirIES. PLEASE CONTACT TIlE DIRECTOR.> OFFAcnJTIESMANAGEMENT (384-5244)48 HOURS PRIORTOTHF' MEETING . WITaANY .. REQUESTS FOR REASONABLE ACCO?tiMODATION, TO INCLUDE SIGNIN'I'ERPRETERS. o Decisions of the Planning Commission are final conceming Conditional Use Permits, Development Permits, Tentative Tract Maps and Variances, unless appealed to the Mayor and Council. Appeals to the Mayor and Council must be made in writing, stating the grounds of the appeal, and must be submitted to the Planning and Building Services Department along with the appropriate fee within fifteen days of the decision. General Plan Amendments and Amendments to the Municipal (Development) Code will automatically be forwarded to the Mayor and Common Council.for final action. If you challenge the resultant action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing. Individual testlmonv on al!enda i'.....ll will be strictly limited to five minutes net nerson. -CALL TO ORDER -SALlITE TO 'mE FLAG -PLANNING DIREcrOR'S REPORT o On each item before the Planning Commission, we will first hear a report from staff and then the public hearing will be opened. Commissioners may ask questions of any speaker. /Ase.. J of 3 Anyone in the audience wishing to speak Inust be sworn in and also fill out a request to speak form. The forms are located on the table near the door. When your name is called, come r{orward and speak into the microphone giving your name and address for the taped record. ~e applicant will present his or her caSe. N~t, members of the public will be allowed five minutes to speak. After all have spoken, the applicant will be allowed to summarize. The public hearing will then be closed. The Planning Commission is anxious to hear the concerns and views of all persons wishing to give testimony. However, it is requested that each speaker try to add new information and not repeat points which previous speakers have made. eADMINISTRATION OF OATH ePUBUC COMMENTS FOR ITEMS NOT ON THE AGENDA ePLANNING COMMISSION COMMENTS FOR ITEMS NOT ON THE AGENDA eCONSENT AGENDA - Planning Commission Minutes of June 3, 1998 and July 7, 1998. CONTINUED ITEMS: 1. CONDmONAL USE PERMIT NO. 98-06 AND VARIANCE NO. 98-02 (Continued from 7/7/98. 7121/98 and 8/4/98) - To establish a storage facility in an existing 11,500 square foot building in the IL, Industrial Light, land use district, under authority of Code Section 19.08.020, Table 08.01(1'6). Items to be stored in the building include automobil~-L misce1l1l1\eouS furniture and a liances and office eguipment. ~ proposed is an outside) vehicle Impoun yard located at the north end of the site in the fron~and..side.~ The applicant also requests approval of a variance of Code Section 19.08.030, Table 08.02 and 19.20.030(8)(A), Table 20.01(2), to reduce the 10 foot front and side yard setbacks to zero to accommodate placement of the outside vehicle impound yard; reduce the 10 foot front yard setback to 5 feet along "0" Street, reduce the 10 foot side yard setback to zero along Athol Street; and increase the maximum allowable fence/wall height from 6 feet to 8 feet in the front and side street setback areas. The subject property is a rectangularly-shaped parcel of land consisting of about 0.73 acres located at the northeast corner of Athol and "0" Streets, having a frontage of about 225 feet on the east side of "0" Street and a frontage of 142 feet on the north side of Athol Street and further described as being located- at 197 South "0" Street. . ./;JJi4. W.e ''T>'Rd- A(')/1 ,(U~ u-L4- - C/f'v k~l -ru:~it. Ix EnVlroDmental ~.( ~'.d~1ft.., ...;JP6J:!,.~-AUtI tk<<4d. ~ue~ . Determination: > Exempt from CEQA, Section 15061(b)(3) Owner: Michael & Brenda Allen Applicant: Paul Toomey, Toomey & Associates Ward: 3 Planner: Deborah Woldruff d7 tl,-e,.~ .thu: &..;~ ~.{' fI.;.. k'ffju"'~' C,-(~,(4oJ.. t; ~-<t,au,.A>~' ,~ RECOMMRN1l1m MOTION: That the hdrlng be closed and that the Planning Commissien approve Conditional Use Permit No. 98-06 and Variance No. 98-02 to reduce the 10 foot front and street side setbacks to 5 feet and 4 feet, respectively, and the 10 foot interior side and rear O setbacks, based on the Findings of Fact, subject to the Conditions of Approval (Attachment "0") and Standard Requirements (Attachment "E"); and deny the variance requests to reduce the front setback to accomm,odate, the establishment of an Ltd~r Vehi~l~i"m, . pou~d yard and to increase . . __J., ' (l.f..<,..M. (, vi:' }/" / I/.."~,-,~t':!-~ Ie '",~~..l:') 2 ~":;J 8/18/98-Final A:d<:..+4- '2,' ,;j;;ztT .' (' .....;.. (~ -+,-;;--';:JAGF 2. of 3 . . the maximum fence and wall heights from 6 feet to 8 feet along the "0" and Athol Street frontages, based on the Findings of Fact. O. TENTATIVE TRACT NO. 15743 (Continued from 8/4/98) - To establish a 38 lot '. ' ingle family residential subdivision with a minimum lot size of 10,800 square feet in the RL, Residential Low, land use district. The subject property is an irregularly-shaped parcel of land consisting of about 14.45 acres located at the southwest comet of Palm Avenue and Washirigton Avenue, having a frontage of about 1,386 feet on the south side of Washington Avenue and a frontage of 708 feet on the west side of Palm Avenue. . Environmental Determination: Owner: Applicant: Ward: Planner: Negative Declaration Verdemont Ranch, L.L.C. David E. Mlynarski, MAPCO 5 Joe Bellandi RECOMMENDlm MOTION: That the hearing be closed and that the Planning Commission adopt the Negative Declaration and approve Tentative Tract No. 15743; based on the Findings. of Fact, subject to the Conditions of Approval (Attachment "0") and Standard Requirements (Attachment "E"). NEW ITEMS: 03. CONDmONAL USE PERMIT NO. 97-18 - To permit a private preschool and outdoor' playground at an existing church, in the RU-2, Residential Urban, land use district, under , authority of Code Section 19.04.020(6)(C). The subject property is an irregularly-shaped parcel of land consisting of about 1.4 acres located at the northeast comer of Arrowhead Avenue and 10th Street, having a frontage of about 275 feet on the east side of Arrowhead Avenue and a frontage of 272 feet on the north side of 10th Street, and further described as being located at 1001 N. Arrowhead Avenue. Environmental Determination: Owner: Applicant: Ward: Planner: Exempt from CEQA, Section 15301(e)(2) First Christian Church Cothran Management 2 Margaret Park RECOMMF.N1llm MOTION: That the hearing be closed and that the Planning Commission approve Conditional Use Permit No. 97-18, based on the Findings of Fact, subject to the Conditions of Approval (Attachment "0") and Standard Requiiements (Attachment "E"). 4. GENERAL PLAN AMENDMENT NO. 98-03 AND CONDmONAL USE PERMIT NO. 98-14 - To amend the General Plan land use plan from the PF, Public Facilities designation on the north side to the PCR, Public/Commercial Recreation designation; and on the south side O from the PF, Public Facilities designation to the CG-1, Commercial General designation; and a request for a conditional use permit to permit a golf course, hotel, conference center, retail center, restaurants, driving range, and sports bar, under authority of Code Sections rA.:Jrl... 3,* 3 8/18/98-Final Q;~ v I~ c( P ~~~\\!1~~ r- ~ \' \991 () \. \ (." "ER"";\O'l'oC \ .'f OF S~l'o Cf pU-WNING >~TMENTG SEl\I/:CES '311ILOIN o vl1:Y grUDW delay in blight case . San Bernardino delays action against company operating In violation of a conditIonal use permit. By LYNN ANIlEIISft.. SUNOA Y, July 13, 1997 . SA~ BERNARDINO - The view Cram Jobn Jensen's down. town warebouse is bardly attrae. tive. Wben the presidellt oC West. ern Door surveys bis surround. !ncs, be sees junk. a wbole lot oC .t - an aspbalt plot oC ballered, busted old ears. "Some oC tbose ears bave been there at least seven years," Jen- sen said Friday. "They bave Do- bermans in tbere tbat bit the rene.e and send your hair fiying:' Slek or the trouble at 208 South 0 St.. a ear.stora,e lot owned and operated by Mlehael P. Allen and Assoelates, Jensen and 10 other downtown business owners petitioned city officials to ~~~ ull:~artment t~~ ~~:. . ~o; ~:.~m about 1978. when the Planning CommISSIon approved a condi- 1I0nal development permit al. lOWIng temporary vehiele stor. age only. "I think it looks like a junk yard:' Planning Dlreetor Mike Hays said or the Allen and Asso- ciates car lot. -There are cars there that have reeistration stickers from the late .SOs:' At a Planning Commission meeting last week. members con. templated revoking the Allen and Auoctates permit but acreed to a 4S.day utenslon at1~r an auorney and a represen- tatlvI of the San Bernardino Area Chamber o( Commerce reo quested a go.day reprieve. "'The Allen and Associates prop~rty) looks more like a used. car lot Without the 101 boy wash. In( the cars ever)' day:' said Judi Thump:con. chamber of com. ",~n:~ c,<ecuu..".: director. ThompSlm.i husband. City ."'t. tl)r~h")' Jim Pcnnlan. told lh~ ':1I111:nISSII,n h~ had .t C'onfllct of SAN BERNARDINO interest and could not advise the lrouP beeause he had reeelved politieal campailn eontributions (rom the Allen ramlly. . Thompson's .deCense oC lbe eompany anlered JellSen. -, Ceel like wbat sbe did was totally Inappropriate. totally un- etbleal." be said. '"1 Cool like rill eaucht up III a politieal SltuatiOlL I plan to take It to lbe <ebamber oC eODlmereel board." For their part, elty omelals are embarrassed. "Yes. it just seems that this one lust Cell throulh lbe eraeks " said J. Lorraine Velarde the mayor's executive assistanL' OC all the conditional use per. mits distributed throuchout lbe elty. lbe plallllinl department can't eheek on all oC lbelll, Bays said. "We bave to 10 by tbe bonor system. Busineues say lbey "III abide by the perDlit and 99 per. eent Collow throuch." When Jensen broucht lbe is- sue to the planninl department last Call, Hays soulht resolution. The planninl dlreetor wrote to lot owner Michael P. Allen In Deeember. notiCying him that his busln~ss was not in compliance. CertaIn chanles, Includlnl reo moval or some or the ears and Cresh landscapinl, were request- ed. "It is estimated that there are approximately ISO ears and trucks stored In the yard:' Hays wrote. "This is more than twice the number authorized. (Alsol there are stacks or old tires, a junked storage shed. a jaeunl and other a$Jorted items visible (rom the street:' Still. major improvements to the site didn't happen, said Hays, who visits the ear lot at least twlee a month. "They have re- moved some or the ears but they haven't done enoulh:' IC by the end or the 45.day ex. ten.,on. ....lIen and Associates still h.sn.t cleaned up the lot. tlays ..,d h. ...,11 push ror permit rC"'ocatlnn. uF"rtv,(j"'r d.I)'S IS ample tlm~." h~ ~.Jld. Ex h ; b I 'f 'r H ,\ /,AJ e.. / of- / oil II/CIIAB. P. AWN . ASSOCIAlES Jl1 pa W. intend to d.v.lop the prop.rty thet i. loeat.d on Athol Str..t, South .id., b.twe.n the atn.e. of ''D'" aDd Stodclarel in ~ method thet aSre.. with aU r.- quir_nt. of tb. City of San B.rureliDo. 'lb. prop.rty ia to b. u..el for 'the ~WPn.~.Y ~A~ of repo......d motor ~.biel... Our eli.nt. raDl. fro-,loeal ~ '. . Cr.dit Uuion'. to tb. lars.at bait in the vor1el~ Bait of Ameriea. Aft.r the I ~ motor Y.hiel.. are reeoyered, it i. n.ee..ary to ..eure tb. unit'. within a prot.et.el eoapound UDtil the p.r.ODal .ff.et. ar. remov.d, paper work i. eoa- plet.d &Dd a d.ci.iOD i. r.aeh.d in r.sard. to the eollateral property'. eli.- a po.ition. 'lbi. u.ually i. aeeomuli.h.el within a f.w day. after the yehicle i.. r.eoy.red. 'lbe d.yeloPMnt of thia' property is nquind .ine. our eurrent loea- tiOD at 1320 Za.t Ba.eline Str.et, San B.rureliDO, California i. DO lonser lars. enousht to .eeure the amount of yehiel.a that ar. b.inS repoa.e.a.d by our as.ney. The volume of our bui.n... haa &rOVD over 100% aine. the .u_r of 1977. W. iDt.nel to develop the weaterly portion of the property initially. We are followiDl this proe.dur. ainee our offiee buildins will be built on the eaaterly portion faeiDl "D" Street. W. have intentiona of e.tabli.binS our numerical addr~.~ a. 200 South "D" Street, SAD Berurdino, California. 'lbe offie. building will hopefully b. , eompl.ted in approzimently ODe year. We will temporarily eatabli.h AD offie. within a .tandard type offic. le... trailer. We alao hev. int.ntion. of buildinS a .torase and saras. type building to store equiPMnt and peraonal effeets that have be.n removed from the repoa.es..d automobil.s. Such a buildins'ia neee..ary until the debtor. eontact our offiee to redeem th.ir per.oual .ff.et.. We have DOt d.e.ided at thia point vbetber the buildinsa will be metal or bloek. a..t a..ur.d, the build- ins.' will b. develop.d witb'tbe seneral ana in mind. 'lbe area will be secured with a ehain link fanee and aeveral mercury type lights. The area will be paved with asphalt and eoaeret. will be inatalled in appropriate area.. ALSO, a~ter the prop.rty is developed the ana will be maiataiaed ia a clean and orgaaized manner. Aa atated T j?I'lGF /o~2- [1 P. O. BOX 5411. SAN BERNARDINO. CAlIfORNIA 92412 . TElEPHONE (714) 886-3/36 F A P. O. SOX 1414, RIVERSIDE. CAlIroRN~ 92502 . TElEPHONE (714) 683-4205 _____0_ __._ .0_ _ U . _ ~ , E Xhihii r( II' AITACHMENT "C" ~ E.~:~]'f;1 February 2, 1978 DEVELOPMENT PLAN AND DESClIPTION OF OPDAtION: ,,~~ 'if . ~ ~ , . .-.-0. ,.' -.. o o ," Febnary 2, 1978 Pase Tvo DEVELOPKENT PLAN AND DESCl.IPTION OF OPEUTION CONTINUED:. above the lNileliDC .houlel be cOIIplettl.. vithiD .ODe year. frolll the elate of our OCCUPaDcy, YzryCnly your., ;lL~~J' ~ 'C}l.G--. '/HiChael P. AlleD /A Je 2.. ot- 2.... o o o ExuusIT "4" CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT Memorandum TO: FROM: SUBJECT: Planning commi~ Deborah Woldruff, Associate Planner CUP No. 98-06 and V AR No. 98-m - Financial Assurances Information and Revised, Colored Elevations DATE: August 13, 1998 COPIFS: Michael E. Hays, Director; and, Project Files BACKGROUND INFORMATION This project was continued by the Planning Commission on August 4, 1998 to the August 18, 1998 meeting, and staff was directed to bring back information on potential financial assurance mechanisms and a revised wall elevation. On Wednesday, August 12, 1998, Planning and Public Works staff met with the Allens to review the draft cost estimates of the project's on-site and off-site improvements that were prepared by applicants' consultant, Mr. Paul Toomey. A cooperative discussion between staff and the applicants resulted in the inclusion of some off-site improvement costs that bad been overlooked. The estimated improvement costs and types of financial assurances are outlined below. FINANCIAL ASSURANCES F'mancla1 Assurance Methods Development Code 119.30.220 allows applicant's to use any approved types of financial assurances. Three most commonly used types of financial assurances are described below: 1. Fscrow Account - requires that the applicant deposit the full cost of improvements. The money sits in the account until the improvements are completed by the applicant or the money is withdrawn by the City to complete the improvements. 2. Perf'ormance Bond - requires that the applicant pay a percentage of the face value of the improvement costs each year that the bond is active. o Planning Commission Memorandum RE: CUP No. 98-06 and V AR No. 98-02 August 13, 1998 Page 2 3. Letter of Credit - requires that a lending company guarantee the full cost of improvements to the City. If the applicant does not complete the improvements, the lender must pay the City and pursue reimbursement from the applicant The Allens have indicated that if a financial assurance is required. they will most likely provide a Letter of Credit to cover the improvement costs. Project Improvements Costs If the Planning Commission requires a financial assurance from the applicants, it will need to cover the construction/material costs of the following project improvements: 1. 0 2. 3. 4. S. 6. o landscaping and irrigation system; ornamental wrought iron fencing (with gates); concrete block pilasters; decorative concrete block wall (with gate); modify driveway approaches on "D" and Athol Streets; and, removal of existing driveway approach on "D" Street (replace with sidewalk, curb and gutter). The total cost of the improvements is estimated at $26,100. A listing of the individual costs is shown on Attachment A. REVISED, COLORED ELEVATIONS The applicant submitted a revised, colored elevation of the proposed wall and fence. The Planning Commission had requested that the wall be constructed from masonry block materials that match the building construction. They also requested that the fence pilasters be spaced 16 feet on center. Both of the changes have been made and the proposed wall, fence and landscaping meets the Design Guidelines in the Development Code. It is important to note that the proposed height and location of the wall and fence still do not meet Code. ATTACHMENT: A. Construction Cost Estimate ATfACBMENT "A" ,0 CONSTRucnON COST ESTIMATE saDllllNGIIANDSCAI'E IMPIlOftMBN'I'S - COP """ MiIIIr/III-.Ia AIiII. 0..-.11 1ap..,._1fiIIriII pdIk ",IIH/-t/IfI1: , """ . IIJIll w.lmotlnn """11""8 .M'__" $2. 7S1s.t: 1,000 s.t: $2,750 o . '.' ., EXHIBIT "5" O SUl\fl\IARY CITY OF SAN BERNARDINO PLANNING DIVISION I . -----=--=-----=-------~------------------------ . ----- -- ----- -------------------------------- CASE: Conditional Use Permit No. 98-06 and Variance No. 98-02 AGENDA ITEM: 2 HEARING DATE: July 7, 1998 WARD: 3 APPUCANT: Paul Toomey Toomey & Associates 34590 County Line Road #5 Yucaipa, CA 92399 (909) 795-1899 OWNER:. Michael and Brenda Allen 206 South "0" Street San Bernardino, CA 92401 (909) 825-8545 ----------------------------------------------- ----------------------------------------------- REQUEST / LOCATION - A request to establish a storage facility in an existing 11,500 square foot building with an outdoor vehicle impound yard. Items proposed to be stored in the building include automobiles and recreational vehicles, miscellaneous furniture and appliances, and office equipment. The variance requests are to: reduce the front and street side yard setbacks; reduce the interior side and rear setbacks to accommodate the establishment of an outdoor vehicle impound yard; and; increase the maximum fence and wall height requirements in front and street side setback areas. o ----------------------------------------------- ----------------------------------------------- CONS~TS/OVERLAYS N/A =============================================== ENVIRONMENTAL FINDINGS: o Not Applicable . Exempt, Section 15061(b)(3) general rule o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan =============================================== STAFF RECOMMENDATION: Og APPROVAL . DENIAL CONTINUANCE TO: CONDITIONS =============================================== o 03. o CUP No. 98-06 & V AR No. 98-02 Hearing Date: 07/07/98 . Page 2 REOUEST. LOCATION AND OFSCRIPTION The applicant requests approval of a conditional use permit to establish an storage facility in an existing 11,500 square foot building with an outdoor vehicle impound yard. Items to be stored in the building include automobiles, miscellaneous furniture and appliances and office equipment. The proposed outdoor vehicle impound yard will be located at the north end of the site. The applicant also requests approval to vary from Development Code standards, as follows: 1. To reduce the 10 foot front and street side setbacks (along "0" and Athol Streets) to 5 feet and 4 feet, respectively; 2. To reduce the 10 foot interior side and rear setbacks to zero to accommodate the establishment of an outdoor vehicle impound yard (with a 6 foot screening wall along a portion of "0" Street); and, To increase the maximum allowable fence and wall heights in the front and street side setbacks from 6 feet to 8 feet (along "0" and Athol Streets). The 0.73 acre project site is located at 197 South "0" Street, on the northeast comer of Athol and "0" Streets in the IL, Industrial Light General Plan land use designation. (See Attachment A, Site Location Map; and, Attachment B, Site Plan and Floor Plan) SETTING/SITE CHARACTERISTICS The site is developed with an 11,500 square foot industrial building and associated site improvements. The is relatively flat and rectangularly-shaped. It is surrounded by a mix of light industrial uses and commercial services in the middle of an IL district that is bounded by Mayfield Avenue on the east, Mill Street on the south, Stoddard Avenue on the west, and Rialto Avenue on the north. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) STATUS The proposed conversion of the 11,500 square foot manufacturing building and site to a storage facility with an outdoor vehicle impound yard will not result in any significant environmental impacts to the site or surrounding area. Section 15061 (b)(3) of the CEQA Guidelines states such activities are covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty ,0 c o CUP No. 98-06 & V AR No. 98-02 Hearing Date: Cf7/Cf7/98 Page 3 that there is no possibility that the activity in question may hl!.ve a significant effect on the environment, the activity is not subject to CEQA. . BAlCKGROUND In April 1997, Michael and Brenda Allen were cited for establishing an illegal vehicle storage use at 197 South "0" Street. The AlIens' filed a Development Permit Type I (OPINo. 97-34) to establish the use on May 22, 1997. A Variance Application to reduce required setbacks and increase allowable fencing heights was submitted on November 4, 1997. OPI No. 97-34 and VAR No. 97-20 were deemed abandoned by the City on December 21, 1997. On February 13, 1998, the Allens' submitted Conditional Use Permit (CUP) No. 98-06 for the storage use with an outdoor vehicle impound yard, and V AR No. 98-02 to address setback and fence/wall height issues. The original proposal for OPI No. 97-34 was for indoor storage of vehicles, and office equipment and furniture, only. FINDINGS AND ANALYSIS Outdoor Vebicle Impound Yard and Storage Use 1. The proposed use is conditionally pennitted within. and would not impair the integrity and character of the subject land use district and complies with all of the applicable provisions of the Development Code. The proposed storage facility with an outdoor vehicle impound yard is conditionally permitted in the IL, Industrial Light land use designation. Other than the request to vary from specified Development Code standards, the site plan is in conformance with the IL district standards and requirements. (See Attachment C, Development Code/General Plan Conformance Table) 2. The proposed use is consistent with the General Plan. General Plan Policy 1.32.10 identifies outdoor display and storage as a use permitted in the IL district. The policy also states that similar uses, characterized by the location of their predominant activities in enclosed buildings, are permitted in the IL. The outdoor vehicle impound yard can be categorized as a similar use. 3. The approval of the Conditional Use Pennit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030(6) of the Development Code. o o 5. o CUP No. 98-06 & V AR No. 98-02 . Hearing Date: 07/07/98. Page 4 Planning staff conducted a preliminary review (pursuant to CEQA Guidelines 115060) to determine the presence and extent of any environmental issues. that could result from implementation of the project. The project proposes indoor storage of vehicles and office equipment and furniture, and outdoor storage vehicle storage. Neither vehicle repair or dismantling are proposed for this project. And in fact, vehicle dismantling is not permitted as an outdoor use in the IL district. Based on the project description, site and surrounding area, staff's review did not identify any significant environmental impacts. The CEQA Guidelines U5061(c)(3)(b) states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This project is covered by the general rule and, as such, is not subject to CEQA. . 4. There will be no potenlially significanl negative impacts upon environmenlal quality and natural resources that could not be properly mitigated and monitored. The project is not anticipated to result in any potentially significant negative environmental impacts. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significanl noise, traffic or other conditions or situations that may be objectionable or detrimenlal to other permitted uses in the vicinity or adverse to the public inlerest, health, safety. convenience. or welfare of the City. The operational characteristics of the proposed use have been evaluated for compatibility with the existing and future land uses in the area. The site and building design are similar to the existing light industrial and commercial service facilities located on "0" Street in proximity to the project. And, the proposed use is similar to other uses in the area. Based on staffs evaluation, the project will not be objectionable or detrimental to other permitted uses in the area or adverse to the public interest, health, safety, convenience, or welfare of the City. 6. The subject site is not physically suitable for the type and density/inlensity of use being proposed. The site is not physically suitable for the outdoor vehicle impound yard, as proposed. The encroachment of the outdoor vehicle impound yard into the front setback area appears to be an over-intensification of the site. Development Code ~ 19.08.030(2)(3) requires that outside storage be confined to the rear of the principal structure or the rear two-thirds of the site, whichever is more restrictive. The existing development on the site precludes placement of the outdoor storage in the rear yard. As a solution, staff recommends that the outdoor vehicle storage yard ,0 o o .cqP No. 98-06 & VAR No. 98-02 Hearing Date: 07/07/98 PageS be limited to behind the front elevation of the building. The required screening would extend north of the front building elevation to the north property line. 7. There are adequare provisions for public access, waler, sanitation, and public utilities and services to ensure tho! the proposed use would not be detrimental to public health and safety. The project was reviewed by the Development Review Committee to ensure that the site desigri includes adequate provisions for public access, water, sanitation,. and public utilities and services. (See Attachment 0, Conditions of Approval; and; Attachment E, Standard Requirements) Front and Street Side Setbacks The subject property is developed with the building placed in the ten foot rear setback (along the east property line), and with the parking and circulation areas in the ten foot front and street side setback areas along "0" and Athol Streets. The existing improvements along "0" Street include a ten foot planter of which five feet are located in the public right-of-way. 1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Development Code deprives the property of privileges enjoyed by other property in the vicinity and under identical land use district classification. Due to the existing site layout, the requirement for 10 foot setbacks along the street frontages would eliminate required parking and on-site circulation. Adequate on-site parking and circulation are necessary to ensure that the use and site are functional. 2. The granting of the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the variance is sought. Strict application of the Development Code requirement for ten foot landscape setbacks along "0" and Athol Streets would remove required parking and circulation and render the site unusable. 3. The granting of the Variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the such vicinity and land use district in which the property is located. Cl o o CUP No. 98-06 & V AR No. 98-oi. Hearing Date: 07/07/98. Page 6 A reduction of the 10 foot front and street side landscape setbacks will not pose any threat to the public health, safety and welfare of the citizens of San Bernardino. 4. The granting of the Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which sr.u:h property is located. The project site is located in an older area wherein many buildings and sites do not conform to current Code requirements. While the landscape. planters (both existing and proposed) along "0" and Athol Streets do not meet Code requirements, they will still provide enhancement to a site that is largely bereft of any design features. . 5. The granting of the Variance will not allow a use or activity which is not otherwise expressly authorized !Jy the regulations governing the subject parcel. The reduction of the front and street side setback areas will not affect the nature and/or intensity of the proposed use which is conditionally permitted by Development Code iI9.08.020, Table 08.01(16) in the IL, Industrial Light district. Storage facilities are permitted by Development Code iI9.08.020, Table 08.01(39) in the IL district. 6. The granting of the Variance will not be inconsistent with the General Plan. The reduction of the front and street side setback areas does not change the industrial character of the property, or the nature and/or intensity of the proposed use. Therefore, the granting of this variance would not be inconsistent with the provisions in the General Plan for the IL land use designation. Other Setback Issues The project proposes to establish the outdoor vehicle impound yard in the 10 foot front, interior side, and rear setback area at the north end of the site. 1. There are no special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Development Code deprives the property of privileges enjoyed !Jy other property in the vicinity and under identical land use district classification. There are no special circumstances relating to the property that can be applied in this instance other than the applicant would like to establish the outdoor use in this area of the site. Staff does not support the encroachment of the outdoor use into the front setback along a 72 foot stretch of "0" street because of the screening requirement. The Development Code requires that '0 CUP No. 98-06 & V AR No. 98..()2 Hearing Date: (J7/(J7/98, Page 7 outdoor uses be screened to a minimum height of 6 feet. The applicant proposes to screen the impound yard with an 8 foot block wall placed behind the landscape, planter. This would place the wall only 5 feet from the public right-of-way which is not appropriate along "0" Street. Staff does support the encroachment of the outdoor use into the interior side and rear setback areas, behind the front face of the building. Given the existing development, the site does not have a rear yard in which outdoor uses could be established. 2. The granting of the Variance is not necessary for the preservation and enjoyment of a substantial propeny right possessed by other propeny in the same vicinity and land use district and denied to the propeny for which the variance is sought. The majority of industrial properties in the area do not have outdoor uses that encroach into the front setback along a major street frontage. 03. The granting of the Variance will be detrimental to the public health, safety, or welfare, or injurious to the propeny or improvements in such vicinity and land use district in which the propeny 'is located. The granting of the variance may be detrimental to the public health, safety, or welfare in that it will result in a negative visual impact along "0" Street. Staff would support establishment of the use behind the front face of the building. 4. The granting of the Variance does constitute a special privilege inconsistent with the limitations upon other propenies in the vicinity and land use district in which such propeny is located. Approval of the variance would constitute a special privilege in that other properties in the vicinity do not have outdoor uses in front yard areas. The side yard area, located behind the front face of the building, has over 6,000 square feet available for the outdoor use. It should be noted that the subject property is located in a blighted area. The implementation of the Development Code standards, particularly along its major corridors, would greatly benefit the area. Staff supports the request to reduce the 10 foot interior side and rear setbacks with the outdoor use located behind the front face of the building. 05. The granting of the Variance will allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel. o o 1. o CUP No. 98-06 & V AR No. 98-02 , Hearing Date: 07/07/98. Page 8 The IL district does conditionally allow the outdoor vehicle impound yard but only in the rear yard. Given the configuration of the existing site, placement of the' outdoor use in the interior side yard, behind the front of the building face, is a reasonable alternative. 6. The granting of the Variance will be inconsistent with the General Plan. General Plan Policy 1.32.10 stipulates that the manufacturing and warehousing uses permitted in the IL, Industrial Light land use designation be characterized by the location of their predominant activities in enclosed buildings. This policy is' implemented through the Development Code which requires that outdoor storage and other uses 'be placed behind the rear face of the building or the rear two-thirds of the site, whichever is more restrictive. Based on the preceding, placement of the outdoor vehicle impound yard in the front setback area is inconsistent with the General Plan. However, staff does support placement of the yard behind the front face of the building and in the interior side and rear setback area. Fence and Wall Heights There are no special circumstances applicable to the property, including size. shape. topography, location, or surroundings, the strict application of this Development Code deprives the property of privileges enjoyed by other property in the vicinity and under identical land use district classification. The Development Code allows open work fencing up to a maximum height of 6 feet in front and street side setback areas in industrial districts. The project proposes an 8 foot fence along the "0" Street and Athol Street frontages. Also proposed is an 8 foot screen wall for the outdoor vehicle impound yard along the northern 72 feet of the "0" Street frontage. The applicant feels that the additional height is needed to provide adequate security for the site. Staff does not support the variance requests for the additional fence and wall height, or for the solid screen wall adjacent to "0" Street. A 6 foot open work fence along the entire length of both street frontages would provide adequate security given that the building and the outdoor yard can be secured behind the perimeter fence. 2. The granting of the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the variance is sought. As previously discussed, the building and outdoor yard area can be secured independent of the perimeter fencing. Typical security measures for the building and yard (Le., building alarm system, security lighting, and locks for doors, windows and gates) combined with a 6 foot perimeter fence should provide adequate security for the site. The visual impacts of an 8 foot o o o CUP No. 98-06 & V AR No. 98-02 Hearing Date: (J7/(J7/98 Page 9 fence and/or wall must be weighed against any additional security benefits the structures might provide. 3. The granling of the Variance will not be detrimental to the public health, sq{ety, or welfare, or injurious to the propeny or improvements in the such vicinity and land use district in which the propeny is located. The proposed fence and wall will be constructed in conformance with all applicable City requirements and as such, will not pose any threat to the public health, safety and welfare of the citizens of San Bernardino. 4. The granling of the Variance does constilUle a special privilege inconsistent with the limitations upon other propenies in the vicinity and land use district in which such propeny is located. Other uses in the City are able to comply with the fencing standard which calls for a 6 foot open work fences in front and street side setbacks. The proposed 8 foot fence is excessive along "0" and Athol Streets. Security fencing that high might be needed along rear and interior side property lines that are obscured from public view and vulnerable to intruders. However, the frontages along "0" Street and Athol Street have adequate street lighting and high visibility. The proposed 8 foot wall along a portion of the "0" Street frontage is to provide adequate screening for a storage use that is not appropriate or permitted in the front yard. Therefore the variance request for additional fence and wall heights does constitute a special privilege. 5. The granting of the Variance does allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel. The approval of the 8 foot screen wall would permit an outdoor use (outdoor vehicle impound yard) that is not permitted in the front setback. The purpose of the proposed 8 foot open work fence is to provide security for the site, only. Therefore, the approval would not result in the establishment of a land use that is not permitted in the district. 6. The grQ1lling of the Variance will be inconsistent with the General Plan. The request for additional fence and wall height is inconsistent with the General Plan. Policies 1.32.30 and 1.32.32 call for buildings and sites to be designed to convey visual interest and character, and to provide extensive landscape setbacks along principal street frontages. An 8 foot fence would make the site look like a compound. Cl CUP No. 98-06 & V AR No. 98-02 Hearing Date: 07/07/98 Page 10 CONCLUSION The proposed outdoor vehicle impound yard and storage facility are conditionally permitted in the n. district. The applicant has included several variance requests in the project proposal. Staff supports the proposed reduction of the front and street side landscape setbacks because the reductions are necessary for the provision of adequate on-site parking and circulation. Staff does not support the variance requests to reduce a portion of the front setback to accommodate the placement of the outdoor use in the front yard area. However, placement of the outdoor use in the interior side and rear setback areas behind the front face of the building is appropriate given the physical constraints of the site. Finally, the proposal for additional fence and wall height along "0" and Athol Streets will give the site a compound-like appearance. For this reason, staff does not support this element of the variance request. . RECOMMENDATION Staff proposes that the Planning Commission take the following actions: 1. Approve Conditional Use Permit No. 98-06, to establish an outdoor vehicle impound yard and storage facility in an existing 11,500 square foot manufacturing building based on the Findings of Fact and subject to the Conditions of Approval (Attachment D) and Standard Requirements (Attachment E); and, o 2. Approve Variance No. 98-02, to reduce the 10 foot front and street side setbacks to 5 feet and 4 feet, respectively, and the 10 foot interior side and rear setbacks based on the Findings of Fact and subject to the Conditions of Approval (Attachment D) and Standard Requirements (Attachment E); 3. Deny the following variance requests based on the Findings of Fact: 1.) to reduce the front setback to accommodate the establishment of an outdoor vehicle impound yard; and, 2.) to increase the maximum fence and wall heights from 6 feet to 8 feet along the "0" and Athol Street frontages. Respectfully submitted, ~~~ MICHAEL E. HAYS Director of Planning and Building Services o ORAHWo!j~ Associate Planner -fr., "714#- 10 CUP No. 98-06 &. V AR No. 98-02 Hearing Date: 07/07/98 Page 11 ATIAc:HMENTS . A Site Location Map B Site Plan/Floor Plan C Development Code/General Plan Conformance Table D Conditions of Approval E Standard Requirements F Applicant's Variance Findings o o o . Attachment C (CUP No. 98-06 &: V AR No. 98-02) DEVF.1DPMENT CODE AND GF..NERAL PLAN CONFORMANCE Catel!Orv Pronn.cal Develooment Code General Plan Proposed Outdoor Vehicle Conditionally Permitted Use Impound Yard &: Permitted (Similar Use) Storage Facility Building Setbacks: Front 5 Feet Min. 10 Feet N/A Side (Street) 4 Feet Min. 10 Feet N/A Side (Interior) o Feet Min. 10 Feet N/A 0 Rear o Feet Min. 10 Feet N/A Landscaping 16 Percent Min. 15 Percent N/A Parking 11 Spaces Min. 11 Spaces N/A (1 HC Space) (Min. 1 HC Space) o o o o VariaDce FiDdiDgs , ATrACHMENT "F" ADm OP-I VARIANCE FINDINGS 1. There are special circumstances appUcable to'tbe property, including size, sbape, topograpby, location or surroundings, the strict application of this Code deprives sucb property of privileges enjoyed by other property in tbe vicinity and under identical land use district classiflcation; The project site has a Land Use designation of IL and is located on the northeast comer of '0' Street and Athol Street. With two sides of the site bounded by publiC streets. where front and side street yard setbacks are required, and an existing builcling occupying over one-third of the site, there would be special circumstances applicable to the property. In addition, there are limitations created by site design. To satisfy site operational needs the drive aisles and space in front of the roll-up doors must accommodate the tow-truck maneuvering for building access. Any further reduction in the building or drive aisles by landscape planters would impact the site circulation and facility operations. This is most obvious at the south roll-up door and gate access from Athol Street. With only 26 feet of space between the building and property line/fence this entire distance is required for the maneuvering of towed vehides upon entering the Athol Street gate. There are examples of light industrial buildings in the immediate vicinity and same land use with fencing within 5 feet of the property line. The first is a similar builcling located directly across '0' with a 5 foot setback provided on Athol Street; the second is located on the northwest comer of '0' and Athol Streets where a chain link fence is apparently located on the property line adjoining Stoddard Street. Although it is most likely that these buildings were constructed prior to the adoption of the current City Development Code, these properties provide examples of the relative minor impact to adjacent properties caused by the setback reduction. 2. That granting tbe Variance is necessary for tbe preservation and enjoyment of a substantial property rigbt possessed by otber property in the same vicinity and land use district aud denied to tbe property for wbicb the Variauce is sougbt; It is the development standards of the district, not a particular land use, to which the Variance request is related. Other industrial properties have been permitted o o o Variance FiIIdiIlgs A1Ial DP-I to reduce the setbacks along the public ways wnere limited space Is available for efficient operation of the business. The setback reduction will permit an existing building to house vehicles that are currently stored outside on another site, wnich will improve an existing, successful business. 3. That gl'llDting the VariaDce will Dot be materiaUy. detrimental to the pub6c health, safety, or welfare, or injurious to the property .or improvements in such vicinity aDd IaDd use district in which the property Is located; Although the front setback is 50% of the required distance, the amount of landscaping provided in the parking area exceeds the minimum amount required by the city. Total landscaping (proposed and existing) amounts to 1,610 feet, wnich is 16% of the parking and circulation area. The Development Code requires the percentage of landscaping in the parking area to be 15%. The distance available for vehicles stopped in the driveways along '0' Street (between curb and gate) is 16 feet which is generally sufficient to permit vehicles to clear the traffic lanes in the street. The reduction/elimination in the setback does not restrict access to the building nor do they create a hazardous design. 4. That graDting the Variance does Dot constitute a special privilege inconsistent with the nmitations UpOD other properties in the vicinity and land use district in which such property is located; The reduction in the front yard setback is the minimum necessary to meet the operational requirements of the auto impound facility and efficient site design. In addition, where a new, similar business is proposed and given the size of the parcels in the immediate area vicinity, other properties are subject to similar constraints and would need the same remedy to achieve a viable development under the current standards. s. That granting the Variance does not allow a use or activity which is Dot otherwise expressly authorized by the regulations governing the subject parcel; Granting this variance only provides for the reduction on setback area, a development standard issue, not permitting additional uses in the IL district. An 2 ~-C',c o o o Variance FiDdiDgs AIleD. ON indoor storage use is permitted in this district by approval of a development permit and no additional unpermitted land uses are considered pert of this project. 6. That granting of the Variance will not be inconsistent with the General Plan. Goal 1 H states: Continue existing and establish new residential. commerr:la/, Industria/, open space, and publiC districts which are uniquely characterized by their functional role, permitted uses, density/lntensity. and physical form. Under this goal, Objective 1.32 of the Light Industrial section includes language to retain, enhance, and provide for new existing light industrial uses. In addition, the proposed project is consistent with all the implementation policies, induding the Design and Development Guidelines sections 1.32.10, 1.32.30. and 1.32.31. Through consistency with these goals, policies, and objectives, the proposed variance can be found consistent with the General Plan. As a result, the granting of the Variance does not violate, directly' or indirectly, the goals, objectives or policies of the General Plan. Pr TOOMEY & A SOCIATES Paul Toomey Planner 3 PROJECT Oumber: Address: Applicant: Owner: Description: ACTION: City of San Bernardino EXlDBIT "6" STATEMENT OF omCIAL PLANNING COMMISSION ACTION Conditional Use Permit No. 98-06 and Variance No. 98-02 197 S. "0" Street Paul Toomey, Toomey & Associates Michael and Brenda Allen To establish a storage facility in an existing 11 ,500 square foot building. Items to be stored in the building include automobiles, miscellaneous furniture and appliances and office equipment. Also proposed is an outside vehicle. impound yard located at the north end of the site in the front and side yards. Variance requests are to: reduce the 10 fO!>t front and street side yard setbacks along "0" and Athol Streets to 5 feet and 4 feet, respectively; reduce the 10 foot interior side and rear setbacks to 0 to accommodate the establishment of an outdoor vehicle impound yard (with a 6 foot screening wall along a portion of "0" Street; and, increase the maximum allowable fence and wall heights in the front and street side setbacks from 6 feet to 8 feet along "D" and Athol Streets. The 0.73 acre site is located on the northeast comer of Athol and "0" Streets in the IL, Industrial Light, land use district. APPROVED Oeeting Date: August 18,1998 The Planning Commission approved Conditional Use Permit No. 98-06 and Variance No. 98-02, based on the Findings of Fact, subject to the Conditions of Approval (Attachment "0") and Standard Requirements (Attachment "E"), to include a financial assurance IIh times the estimated value of the total construction cost, posted with the City within IS days of the Commission's action, and that work shall be completed within 6 months. VOTE Ayes: Nays: Abstain: Absent: Ourr, Garcia, Hendrix and Suarez Schuiling and Thrasher None Enciso and Lockett The decision of the Planning Commission is final unless a written appea1 is filed, with the appropriate fee, within 15 days of the Planning Commission's action, pursuant to Section 19.52.100 of the Municipal (Development) Code. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of San Bernardino. ~t.~ . Valerie C. Ross, Principal Planner ~/1!lq,& Oa Enclosures cc: Applicant/Owner, Plan Check, Public WorkslEngineering, Case Files, Department File, Address File o o o ATIACHMENT D CUP No.98-06 & V AR No. 98-02 . Hearing Date: 07/07/9~ Page 1 CONDmONS OF APPROVAL CONDmONAL USE PERMIT NO. 98-06 & VARIANCE NO. 98-02 "1. Within six months of this development approval, establishment of the use sball have occurred or the permit/approval sball become null and void. The aDDHrant dlllll. submit a flnllndaJ lIC.ClIl'lInt'f! IlJz times the cost or the on- aDd orr~e 1m1)l'OvemeDts (526.100 l[ IlJz = ~9,I!o) within nlt....n Cl51 daYS of thill aDDroval. Construction of all required improvements sball be completed within 6 months of project approval. In addition, if after commencement of construction, work is' discontinued for a period of 6 months, then the permit/approval sball become null and void. Project: Expiration Date: CUP NO. 98-06 & V AR NO. 98-02 FEBRUARY 18. 1999 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant a one time extension of time not to exceed 12 calendar months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold barm1ess the City, its officers, agents, and employees from any claim, action, or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorney's fees which the City may be required by the Court to pay as a result of such action, but such participation shall not relieve the applicant of his or her obligation under this condition. 4. Construction shall be in substantial conformance with the plan(s) approved by the Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design! site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable. a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; "Amended per Planning Commission on 8/18/98. o o o ATIACHMENT D CUP No.98-06 & VAR No. 98-02 Hearing Date: 07/fYl/98 Page 2 c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approve theme; and, d. A reduction in density or intensity of a development project. 5. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy may be issued by the Department subject to the conditions imposed on the use; provided that a deposit is filed with the Department of Public Works prior to the issuance of the Certificate of Occupancy. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. 6. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 (Property Development Standards). and includes: dust and dirt control during construction and grading activities; emission control of fumes. vapors, gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs. off-street parking and off-street loading; and. vibration control. Screening and sign regulations compliance are important considerations to the developer because tlley will delay the issuance of a Certificate of Occupancy until compliance is obtained. Any exterior structural equipment, or utility transformers, boxes, ducts, or meter cabinets shall be architecturally screened by a wall or structural element, blending with the building design and include landscaping when on the ground. A sign program for all new commercial, office and industrial centers of three or more tenant spaces shall be approved by the Department prior to the issuance of a Certificate of Occupancy. 7. This development shall be required to maintain a minimum of II standard off-street parking spaces (which includes I HC van space) as shown on the approved plan(s) on file. 8. This Conditional Use Permit is for the storage facility with an outdoor vehicle impound yard which is used in conjunction with the existing auto/collateral property repossession business located at 206 South "D" Street. The property at 197 South "D" Street shall be used for the TEMPORARY STORAGE of repossessed motor vehicles, and office equipment and furniture. only. Any motor vehicle. other than those used in the transaction of business. shall be "turned over" as soon as is legally possible. o o o 10. 11. 12. AITACHMENT D CUP No.98-06 &VAR No. 98-Q2 Hearing Date: 07/07/98 Page 3 9. Only vehicles or other propeny required to be licensed by the Department of Motor Vehicles or related agency may be stored outside. All other collateral propeny shall be stored within an enclosed building. Outside storage shall be limited to repossessed vehicles (as described above) in the process of being liquidated. . This facility shall not be used as a dismanteling yard or repair facility, either as a primary and/or accessory use. . - The applicant is responsible for ensuring that the project complies with all applicable requirements of federal, State and County agencies. This permit or approval is subject to the attached conditions or standard requirements of the following City Departments or Divisions: xx Public Works/Engineering Department xx Development Services Division XX Water Department XX Fire Department XX Parks, Recreation & Community Services Depanment o o o ATIACHMENT "E" STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKSIENGINEERING CASE NO: CUP S8-Oa & VAS H:!11 LOCATION: · Non; TO APPUCANT: Whll't .".,.,. EngI"",,ng t*ns lIII f8qU1red, the appI/Qnt ,. respoM/bIe ro, submitting the Englneettng t*ns dllIICtly to the EnglnMtlng Division. They may be submlttld pdOl'to submittal 01 Bu1ldlng Plans. 1. .Dralnaae and Flood Con~1 a) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. b) Applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. 2. Gradina and,LandscaDina a) If more than l' of fill or 2' of cut is proposed, the site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). Page 1 0/5 Pages Apri 16, ms o o o STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKSIENGINEERING CASE NO: &.llf ~8.()6 & V~ DESCRIPTION: EST,48USIf STORAGE FAClUTY l/.f D:91 . ~N EXlSTlfJq 11.500 S~ BUILDINtJ. APPUCANT:~ IA LOCATION: c) A refuse enclosure constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 feet. unless. the Public Services Department, Refuse Division, approves a . smaller size, in writing. d) Retaining walls, block walls and all on-site fencing shall be designed and . detailed on the On-site Improvement Plan. This work shall be part of the On-site Improvement permit issued by the Department of Public Works/City Engineer. e) The on-site improvement plan shall include details of on-site lighting. including light location, type of poles and fixtures, foundation design, conduit location and size, and the number and size of conductors. Photometry calculations shall be provided which show that the proposed on-site lighting design will provide 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation and 0.25 foot-candles security lighting during all other hours. f) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to handicap parking and accessibility, including retrofitting of existing building access points for handicap accessibility, if applicable. g) A handicap accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6 feet. Pag& 2 of 5 Pages Apri/1G, 1Q9S o o o STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKSlENGINEERING CASE NO: CUP 98-06 & ~ DESCRIPTION: ~ . AN EXISTING 11,500 SF ..mDJ.D1NJj. APPUCANT:~ l 7i LOCATION: h) The project Landscape Plan shall be revieWed and approved by the City Engineer prior to issuance of a grading permit Submit 5 copies to the Engineering Division for Checking. i) Ar1 easement and covenant shall be execUted on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The Real Property Section for execution by the property owner and shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount of ,$200.00 shall be paid to the Real Property Section to cover processing costs. This easement and covenant shall be executed by the property owner prior to plan approval unless otherwise allowed by the Director of Public Works/City Engineer. 3. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) Utility services shall be placed underground and easements provided as required. c) A street cut permit, from the Director of Public Works/City Engineer, will be required for utility cuts into existing streets where the street is not being repaved as part of the required improvements. Page 3 of 5 Pages Apr1/ 1~ 1998 o o o STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKSJENGINEERING CASE NO: ,"UP 98-06 & V~B DESCRIPTION: D::!11 APPLICANT: ~ A ~ LOCATION: d). Existing Utilities, which interfere with new construdion, shall be relocated at the Ceveloper's expense as direded by the City Engineer. 4. ~treet ImDrovement and QIsIlcatlons a) Construd Handicap Ramps in accordance with City Standard No. 205 at the northeast comer of "C' Street and Athol Street. Cedicate sufficient right-of-way at the corner to accommodate the ramp. b) Modify existing drive approaches per City Standard No. 204 to include Handicap by-pass. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. S. ReQuired EnQlneerlnQ Perml~ a) Grading permit (If applicable.). b) On-site improvements construdion permit (except buildings - see Planning and Building Services), including landscaping. c) Off-site improvements construction permit. Page 4 of 5 Pages April 16. 1998 ~~ o o o STANDARD REQUIREMENTS DEPARTMENT OF PUBUC WORKSlENGINEERING CASE NO: kJJJ!. sue & \(,4R ~ APPLICANT: ~ ~ LOCATION: 6. t a) Plan check and inspection fees for off-site improvements - 4% and 4%, respectively, of the estimated construction cosr of . the off-site improvements. b) Plan check and inspection fees for on-site improvements (except buildings . See Planning and Building Services) - 2% and 3%, respectively, of the estimated construction cost3 of the on-site improvements, including landscaping. I AD ,... .,. subject 10 ch.ng. without no*-. 2&tIm"N CoMlnIction Coal ftv orr.Sft.'mprov.",M" I. buN on . 11., of .tand.1I! unit prices on fll. with th. 0apIttman1 of Public WorlrafClty EngiMflf. ) &tIm"N CoMtruction Coal ftv O",S/talmprov.",an" II buN on . 11., of ,'.nd.1I! un/l prie.. on m. with th.lJef>>I'l1Mn1 of Public WorlrafCIty Engln_. Page 50/5 Pages Apri116, 1998 o o o CITY OF SAN BERNARDINO STANDARD REQUIREMENTS DEVELOPMENT SERVICES DIVISION CaR No.: CUP No. 9~N AR No. 98-02 HeariD, Date: July 7, 1998 Pap 1 1. Submit plans prepared by a Registered Building Architect or Civil or Structural Engineer. 2. Submit State of California Title 24 Energy Calculation Forms for non-residential buildings including a signed compliance statement. 3. Submit floor plan of existing structure. Label all uses and existing materials of construction. 4. Submit four (4) complete sets of construction plans including: (Five (5) complete sets for expeditious review). a. Copy of conditions. (3) b. Energy Calculations. (3) 5. Submit a plan of the heating, ventilating or air conditioning system. (Clearly identify the location and rating of the equipment and the sizes and material of all ducts, registers and the location of all fire dampers.) Show means of providing mechanical ventilation as required by the Uniform Building Code. 6. Show compliance with Title 24 for disabled access. 7. City of San Bernardino named as certificate holder for Worker's Compensation Insurance. 8. Assessor's Parcel Number: 0136-122-67. 9. Contractor's City license. 10. Contractor's State license. 11. Other: Plan Check time is aoproximately 3 weeks. Exoeditious Plan Check time is approximately 10 workin!i! days. Contact Development Services at (909) 384-5071 for oossible ellpeditious plan check. 12. If applicable, submit plans for sprinkler T.I. 13. Contact Development Services for Plan Check fee prior to submittal of plans. o I . o o CITY OF SAN BERNARDINO .STANDARD REQUIREMENTS DEVELOPMENT SERVICES DIVISION Case No.: CUP No. 98-06N AR No. 98-ll2 Hearinll Date: 1u1y 7. 1998 hp2 14. Additional 25% Plan Check fee required for expeditious review. 15. If project has more than 4 employees, 2 restrooms required for each sex. 16. Ventilation required for storage of vehicles. A.......,J 1-;"J-'i-....-UlI ""- r I ./ ~J6M;"'c'\.->; 06/17/98 ~~I<S ~~.5 L0!:tP~z... SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STANDARD REQUIREMENTS CJ . CUP No. 98-06 & VAR No. 98-02. . Review of Plans: M,f11 ~) ~ ~ 3+ Dole Compiled: 11)8/97 Owner/Developer: M / C 1-lAtt....- G a~ M Au...bi Compiled By: 7 J L e 7';?oj Type of Project: Id:. ~ >Ii~i?: 'l>I-LI.Jt gt..)4 ~ .$rntei4If6' NumberofUnilS: Locolion: JJ G ~ {jt' " ,{Y' J A-nfflc.P. /f.) Uo. .. /)" sr WATER DEPARTMENT ENGINEERING: Contact: a I u.. 'UY:Al:..J Phone: ~ ~39,- Fax: :!J/34- -'753z- Note: All WoIer Services are Subject 10 the Rulea cSt ReCUlolioas oftbe WoIer Deputmenl. ~ II n I ~ ..~ . o Size of Main Adjacenlthe Project: 0 C 1 r I~ ~ ~L .. o Approximate WoIer Preasure: )en PSI ~1OlI of W_ rap: laII ~r Hydl'llll Flow 0 20 pili: 71'5a:1..,(jj- o Type. Size. locAtion. and Diltance to N_ Fire Hydl'llll: (p" 2:WAf P/f(j /:~ .s I A '--r,.r (),J,.j .. " )lPreasure ReculAlor Required on Customer's Side on the M<<er. o Off.site WAter FAcililies Required. o Area Not Served by SAlI Bernardino Municipal WoIer De~ment. o Comments: ~ ~..i"7"((il Af'J 13b~/7Z - 01.) Z~ (sw 'o1GJ6I!-j)" f A7l-IoJ a~~~ ~ A~.~ - C-l)fX/7 -/7 $' V~ 97./0 ~~_ OU__.ITY _D_QI.- Contact: ~ /:.~L,;./}Y Phone: %4- c;\,3.q Fax: ~s4-SS.3z.. r1.P.P. Backflow Dovice Required 01 Service Connection."1>~ C ..,souble Check Backflow Device Required 01 Service COllllOClioD. , UJ c,,47"~ ~kt1ow Device to be Inspected Before WAler Service can be AClivoled. I fI!' HPL./ CA$L.Ei: o No Backtlow Device Roquired 01 This Time. ENVIRONMENT AI. CO/l."TROIJINn"~IAI. WAST[' Contact: VIOA,} ~ Phone:~ ~507 Fax: ~ ~'A7 NOle: No Brine Regeneralive WAler Softeners May be Installed. Unleas Holding and Hauling is Provided for the Brine. _d/ . ~ill be a 1200 Gallon Capacity with a Sample Box Included. 'r:r ~ustrial Waste Pennit Required. AIlIoten:eJllors o Groose InterceJllor Required. C Pre-trMlment Rdquired. o Sand/Oilln,.c<.Jllor Required. L Althis Time. SEWER CAPACITY INFORMATlO'o;: Conlacl: ~I('" /1-11)..... Sl4.J Phone: ~ ?o9:3 Fax: ~S4 I?t,I'7 No~ Proof of Payment MUSI be Submitted to Iho Building &: Safely Depllrtmenl Prior 10 Iss\llUlCe of the Building Pennit. ~o Sewor Ca(lftcity Fee Applicablo at This TinlO. a Sewer Capacity Fee MUSI Bo Paid 10 Ih. Water De(lftrtmel1l for Gallons Per nay. Equivalent Dwelling Urnls: Subjt:4:t to Recakulacion of F~ Prior ro the Issuance of BUllJing Pemtic. Breakdown of E..tin"le" Gallons Por Day: rI'I'\.r........ ~........~. CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case:Wl!1fJ"oI? Date:~ .~ Reviewed Bv: Alt. 'Lj>, GENERAL REQUIREMENTS: . Provide ani addition,l set of construction plans to Building and Safety for Fir. Oepanment use_ at time of plan check. . Contact thl City of San Bernardino Fire Oep,nm.nt at (9091 384.5388 for specific detailed r'Quir,ments. o Th' dlveloper shall provide for adequate fir, flow II computed by the Fir. Prevention Bur.,u. Minimum fir. flow requir.mlnts shall be based on IQulr. footag.. construction f.aturl.. and exposure information supplied by the developer and IDUI1 be available _ to placing combustible mat,rials on sitl. WATER PURVEYOR FOR FIRE PROTECTION: . The fir. protection wlter s.rviCI tor the .,e. at thi, project i. provided by: . San Bernardino Munic;~JI W_:tt:v :~-:l;t~P:~t . ~:"lJi""'~r:1"lg 1109\ 3e4-S3~ 1 u tilt 'vallev Wattr DiStriCt. Engineering (909) 888a8988 a Other Wat.r Purvevor: Phono: PUBLIC FIRE PROTECTION FACILITIES: . Public lirl hydrlnts III requitod llong strllts It intltVlll not ta I.COId 300 1m lot commltciol Ind multi-residlntill lrels and It intlrvlls nat to exceed 500 flit far residential arell. . . Fir. hydrant minimum flow ratll of 1.500 gpm at a 20 psi minimum residual pressure .,e required far comm.cialand multia,..identiil arias. Minimum fire hydrant flaw rate. of 1,000 gpm at a 20 'psi minimum rllidu.. pressure are reQUired for residential ai.... Cl Fir. flow requirements may be m.t from the combined flaw of two adjacent f.... hydrant.. Fire flow requirements may be adjusted. .s deemed appropriate bv thl Fire Department. basad on individual site sPflcifiC conditions and av'ailable mitigations. a Fire hydrant tVI" and specific location shall be jointly det.mined by the City of San Bernardino Fir. Deplrtment in conjunction with the water purveyor. Fire hydrant materials and installation shall conform to the standards and specifications of the water purv.yor. a Public fire hydrants, fir. services. and public wlter facilities n.c....ry to me.t Fire Department requirements are the developer's financial responsibility and shall be installed bv the wlter purveyor or by the developer at the water purveyor's discretion. Contlct the water purveyor indicated above for additional mformatlon. ACCESS: . Provide twO separate. dedicated routes of ingress/egrass to the property entrance. The routll shall be paved. all weather. a Provide an access road to ,Ich building for fire apparatus. Acces. roadway shall have an all.wllther driving surface of not less than 20 feet of unobstruct.d width. . Extend roadway to within 150 feet of all portions of the exterior wall of all single story buildings. Extend roadway to within 50 t.et of the exterior wall of all multiple-story buildings. Provide "NO PARKING" signs whenever oarking of vehicles would poSSibly reduce the clearance of access roadways to I.s. than the required width. Sign. are ta reld -FIRE LANE - NO PARKING - M.C. SIC 15.18". CJ Dead-end streets shall not exceed 500 'eet in length and shall have a minimum 40 foot radius turnaround. o The names of any new streets lpublic or privatel shall be submitted to the Fire Department for approval. SITE: a All access roads and StrlltS are to be constructed and usable prior to combustible construction. o Privati fire hydrants shall be :l"Istallld to orotect each building locatld mare than 150 feet from the curb linl. No fire hydrants should be within 40 feet of any exterior wall. ih. hydrants shall be Wet Barrel type, with one 21/2 inch and 4 inch outlet. and approved by the Fire Department. Fire hydrantS shall be deslgt'!ated as a "NO PARKING" zone by painting an 8 inch wide. red stripe for 15 feet in each direction in front of the hydrant in such a manner that ,t WIll not be blocked by parked vehicles. BUILDINGS: . Address numerals shall be installed on the building at the front or other approved location in such a mannlr as to be visibl. from the frontagl street. Commercial and multi family address numerals shall bl 6 inches tall. single family address numerals shan be 4 inches tall. The color of tne numerals shall conttlst with the color of the background. o Identity lach gas and Ilectric meter with thl number of the unit it ServiS. . Fire Extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A 10B/C. Minimum distribution of fire extinguishers must b. such that no interior part of thl building i. over 75 feet travel distance from a tire .xtinguilher. o Apanment houses with 16 or more units. hotels (motelsl -Mth 20 or more units. or apartments at hate" (motels) three storie. or motl in height shall be 'Quipped with automatic fire sprinklers designed to NFPA standards. . All buildings. other tl'lan residential. over 5,000 square feet. shall be eQuipPld with an automltic fire sprinkler system designed to NFPA standards. This includes exis::ng buildings vacant over 365 d3.vs. . Submit plans for the fire protection svs:,m to the Fire Departm"ent prior to beginning construction of the system. . Tenant improvements in all sorinklerel2 :uildings are to be approved by the Fire D.partment prior to start of con.truction. . P'rovide fire alarm IreQuired :t'lroughoutl. Plan must be approved by the Fire Department prior to start of instillation. C! Fire Department: connection to lsprinkler svstemistandpipe system) shall b. required It Fire Depenm.nt approved location. Note: The applicant must request. in writIng. any changes to Fir. Department requirem.nts. Jr-afJu,-^ .- I=Pl170 ;11-'" CITY OP 01f BIRNARD~NO PAlUtS, UCRD'l'IOH . CoiCMllBI'lY snnas IlDAllTMD.-t o STANDARD UQUIUMBNTS ca.elqiP, '1<i-~ Ilatel~ o.<:/. Revi_ecl BYI}"\'~\~ uan..AL UQUDJlIIBIITS: M ~ eo.a.~c1.l In~.t~1.l aD4 MUlt1-an1t a......-nt D1.t~1ct ..del_thl hEpo.a. OIdel.l1Da. cel .lIIla1ttal proc.elu. In1gat1Oll cd LuldacQ!q Jlua. CoDt.ct the City of SUI ..nari1no 'ub..ec~..t1oa aD4 c~ J .."ity .arYic.. Depueaent at ('0') 3'.-5217 o~ 3'.-531. f~ &pacific detailed ~.quJ.~_te. ...:xnc UQUI......-rS I o ~~ fjl [ J [ J [ J [ J PLUI't lIA'l'DIALS ~ Ka1at.aanc. of lUldacap. u.a. P1ant.~ M... Int.~io~ 'lut.~ Ar... I~~igat1oa Sy.t... S.tb.ck M... Slop. Ar... Q~_el Covu Uld a.441ag Mat.d.l .~o.1oa COat~o1 W..el Cont~ol 'lut 1iat anel climatic coacl1tioa. St~a.t rr... . 'lant Kat.ri.1 11a. .aqu1~_t. uel R.t1o. DfS..CTJ:OH AlII) V~AA& RBQ1JI1lBIIBIITS l~ [ J P-l [ J [ J I~~1g.tioa By.t.. Landac.piDg ..~el.c.p. It_ It~..t t~.. Sp.c1f1catioDa Arbod.t R.po~t Remov.l or 4..tructioa of ~..a Sc~..a1n9 R.qu1~...at (City. Dav.Cod.) Bot.. 'l'be applicant _.t requ..t. in witiDg. any cbUl;.. to tha 'ub. "c~.at1_ UId C laity 1.~1c.. + "':1:1 SENT BY:SCHAEFER 9-29-9B 2:40PII FULLERTON LEIIANN ~ THeM.. W. aa"'INII:UC WILnuO D. LEMAN'" flIANDV ...:IN......DT MlaHAE~ II. .OM......:.. .IIIIAN d. ..MP8QN alUJQ E. WIL8UN L"w orFla.. P'U....E"TDN. LE_NN, BOHA':"':II .. DDMINIDk, ...... -I. NDItrH D _un, "'..,. h,.ga" 8AN -EIlNAIIDINa. aAI.IP'DIINIA ....at.'.,'. TlU.KPt1QN.I C-a.1 .....1 "CL&DO"IIER: celll.1 .".11. 9093B450BO:. 2 '" DI'_....... DBIEIft' v. "'~I:.-raN. aM&. ~lIM'Io. oorn@ ~wrn[ID SEP 2 9 1998 CITY OF S N BERNARDINO OEPARTME OF PLANNING & BUILDI G SERVICES In m'iewina my ""'''''''_ with Deborlb, I exp1lli-cl to _ that I wl1I prepm; JlI~,""I;on to the City CoIIDllil and wIlllItart that procell immO!<fi_I,y. Hcnwver, in l""In'18 at my ca!P.ndlr, I DOte that I am in court in Indio on M , October S, 1998 and1ibwisc: unavaI1ab1eforthe City Council DIIletiDa on Monday, October 19,1998. Septembcr29.1998 l\Ii,,1uo.., E. Hafl, DiIec:tol Devc10pmem Serviees DepIrJmeat City ofSm BcmmIino 300 North "0" StRlct 8m BemaniiDo, CA 92418-0001 Re: )t........ ad Breau ADeu ('_.0"_.1 U.. P-.lt NUI.....!I8-0611ld VutaIlce NIUIIbcr 197 SoatIa "'])It Street, Sa Benwdhao, CaIifonda Dear Mr. Hays: We spoke with Deborah of your office repnlina the date which is currently SIlt the appeal in the Clplicmed matter. The appellate documeI1tI were delivered to week. We lire advised that the IICXt meetin& II Monday, November 2, 1998. n....di:>.... that you .. a thirty (30) day c:ontinwmce of the appeal. I will be &VIiJab1e matter at the City Colmcll mcetIna 011. Monday, November 2, 1998. The IppIlllw is DOt jeopllZdlzed in my way m-UDlJeh .. the project CllIImOt SO appea111 heard. There is DO pmj11dice to the appelJmt in hemiDa the matter em 1998. ~r...'......... '._~ . - . h-..illS em office last I I I l I i I I I i I I I I I I I ! i I i IIIIItter for islllldo preICQt the 11./2 / O/S-/1? SENT BY:SCHAEFER ; 9-29-98 ; 2:40PM; FULLERTON LEMANN .. 9093845080:' 3 ~1"""'1 B. Haya Septrmber29,1998 PIgC two R.eqlllllt is made that you prIlIODt IIlIf request with your &cq1J1elCCllCe IDd Ippl'OVal the mccdna oftbe CouIIl:il of October S, 1998. We tbaok your departmcm, particuWly Deborlh and Margaret, for tbci:r y and cooperation. v cry 1rUIy yours, FULI.ER.TQN, LEMANN, SCHABFER Ii DOMINICK, .. 4d6l: WCUtc cc: ~~ llIld Brcmda Allen Debomh Woldruft; .4--';- PIanDer M..~ B. Park, SImlor PhmDcr M-bera oCtile SIn Bemardmo City Counei1(Yia te1ecopy) I I i I i I I I I I I I i I ~.9299I I i I i I. I i I ... -........... "~- -~.. I I t , ! I i I I , i .. CITY Oi= SA/li"'BERNARDINO MISCELLANEOUS CASH RECEIPT Date tJ if I Received From \.SAP nr/a ~yU 199? ACCOUNT NO. Dollars 1IIJjf)!) Cents q tt. CLiP Ala. 1 K,f)d-- e: SF O"..'m.M ~ Ci!t;J By ~ (. dM a TOTAL Ol5T R: I Bu Tl ON: wn.t. - Customer; C~n.,y - C.,nie,; Pink - Oe".rtment; COIOenrod - Oeot. 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