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'CI+..f OF SAN BERNARD~O - REQUWT FOR COUNCIL AC~ON
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From:
R. Ann Siracusa
Director of Planning
Subject:
Appeal of Conditional Use perm~
No. 87-23 ~~~
Mayor and Council Meeting of~
August 3, 1987, 2:00 p.mp. r'
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Dept:
Planning
Date:
July 14, 1987
Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on June 2, 1987, the following
action was taken:
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The application for Conditional Use Permit No. 87-23 was unanimously denied.
Recommended motion:
That the hearing on the appeal be closed and the decision of the Planning
Commission be affirmed, modified or rejected.
Contact person:
R. Ann Siracusa
Phone:
384-5057
3
Supporting data attached:
Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notel:
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MEMORANDUM
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-CITY OF SAN BERNARDINO
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To
Ann Siracusa, Planning Director
From
Subject
Acceptance of letter of appeal
Date
Shauna Clark,
City Clerk
June 23, 1987
Approved
Date
Attached is a letter of appeal dated
the Simchowitz Corporation regarding
Use Permit 87-23.
June 12, 1987, from
Variance/Conditional
On June 19, 1987, an employee of this company came to our
office to check when this item would be on the Council
Agenda and in doing so, found that we had never received
the appeal. Ms. Patricia Green of Simchowitz Corporation
informed me that she mailed the letter on June 12, 1987.
Deputy City Attorney Cynthia Grace advised me that we could
accept the letter dated June 12 as received, as long as
Ms. Green would sign a declaration that she mailed said
letter. A copy of her declaration is attached.
Deputy City Attorney Grace explained to me that the reason
she was allowing this declaration is because the letter from
the Planning Department was incorrect in setting forth a ten
day appeal period. The appeal period is fifteen days. She
cautioned that we are not to use this declaration method in
the future.
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31lAUNA CLARK
City Clerk
SC:pa
Attchmnts. 2
cc:
Cynthia Grace, Deputy City
Attorney
00' rn @ rn n \Yl rn lID
JUN 22 1987
CITY PLANNING DEPARTMENT
SAN BERNARDINO, CA
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Caporation
June 12, 1987
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Ms. Shauna Clark
City Clerk
CI'l'Y OP SAN BBRHARDINO
300 North -D- street'
San Bernardino, California 92412
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REI variance/conditional Use penait 87-23
Dear Ms. ClarkI
I hereby make formal request that the above captioned
Variance/Conditional Use permit be heard before the City Council
pursuant the Planning Commission denial on June 2, 1987.~ .
The appeal is based upon the fact that this application should
have been treated as a Variance, needed for the height, and not a
, Conditional Use permit as this is a project sign and D&t~a
off-premise sign. "
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Sincerely,
Merv Simchowitz
'rilE SIMCBOWITZ CORPORATION
MSzah
125 Wnl HotpiQIiIY La.... SuilC IClll. SaD 1anaIdIno. C.lilomia 92408. (714)"'W1
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EVLYN WILCOX
Mavor
Memben of th. Common Council
Esther Esfrlda. . . . . . . . . . , . . Flnt W,rd
JackR.my...,......... . S.cond Ward
Ralph H.r"andez . . . . . . . . . ,. Third Ward
St...... Marks. . . . . . , . . . . . . Fourth Ward
Gordon Qule' . , . . . . . . . . . . , Fifth Ward
Oan Frlller . . , . . . . . . . . . . . Sheth War"
Jack Strlckl.r . . . . . . . . . . . .S......nth Ward
June 9, 1987
Fastfood Developments
225 West Hospitality Lane, Suite 100
San Bernardino, CA 92408
Dear Sir or Madame:
At the meeting of the Planning Commission on June 2, 1987,
the following action was taken:
The application for Conditional Use Permit No. 87-23, to
permit an off-premise sign with waivers of Code Sections
19.60.250.A.3 (maximum height) and 19.60.250.A.4 (setback) in
the C-3A Limited General Commercial zone on an irregularly-
shaped parcel of land consisting of approximately 1.2 acres
located at the northwest corner of Redlands Boulevard and the
1-10 Waterman Avenue south off-ramp and further described as
290 East Redlands Boulevard, was denied based upon findings
of fact contained in the staff report dated June 2, 1987.
According to the San Bernardino Municipal Code, Section
19.78.070., the following applies to the filing of a condi-
tional use permit:
"The decision of the Commission shall be final unless appeal-
ed in writing to the Mayor and Common Council. The written
appeal shall be submitted to the office of the City Clerk
within ten days from the date of the Commission's decision.
The Common Counc il, after receipt of the appeal, shall
conduct a public hearing and may either approve, modify or
reject the decision of the Planning Commission."
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Fastfood Developments
June 9, 1987
Page 2
If no appeal is filed pursuant to the previously mentioned
provisions of the San Bernardino Municipal Code, the action
of the Commission shall be final.
Respectfully,
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VINCENT A. BAUTISTA
Principal Planner
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SUMMARY
AGENDA ITEM
HEARING DATE
WARD
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~ Condition;:ll Use Permit
UNo. 87-23
APPLICANT' Fastfood Developments
225 w. Hospitality Lane
Suite #100
OWNER' San Bdno., CA 92408
Same as above
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Applicant requests approval of a conditional use permit to
establish an off-premise sign with waivers of maximum height
allowed and setback requirements in Section 19.60.250(A)3,4 &
8 in the C-3A, Limited General Commercial zone on a 1.2 acre
site.
Subject property is located at the northwest corner of Redlands
Boulevard and the I-IO Waterman Avenue south off-ramp.
PROPERTY
Subject
North
South
East
West
EXISTING
LAND USE
Vacant
Offices/Freeway
Retail
Retail
Retail
ZONING
C-3A
C-3A
C-3A
C-3A
C-3A
GENERAL PLAN
DESIGNATION
General Commercial
General Industrial
General Industrial
General Commercial
General Commercial
GEOLOGIC / SEISMIC DYES FLOOO HAZARD DYES OZONE A ( 0YES )
HAZARD ZONE !Xl NO ZONE IX! NO OZONE B SEWERS ONO
HIGH FIRE DYES AIRPORT NOISE / DYES REDEVELOPMENT ~YES
HAZARD ZONE ~NO CRASH ZONE !9NO PROJECT AREA NO
..J o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL
oct APPLICABLE E FFE CTS 0
I- WITH MITIGATING - 0
zen MEASURES NO E,I.R, !it CONDITIONS
I&.I(!) o EXEMPT o E,I.R, REQUIRED BUT NO 1&.0 IKl
2Z I&.Z DENIAL
Z- SIGNIFICANT EFFECTS 1&.1
00 WITH MITIGATING ~:E 0 CONTINUANCE
II::Z MEASURES w:E TO
::;iL: [Xj NO 0
Z o SIGNIFICANT EFFECTS U
1&.1 SIGNIFICANT SEE ATTACHED E,R. C, 1&.1
EFFECTS MINUTES II::
NOV III' "(VISED oIUU' "'1
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP NO 87-23
OBSERVATIONS
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AGENDA ITEM
HEARING DATE
PAGE
1. REOUEST
The applicant is requesting a conditional use permit in order to
establish an off-premise sign in the C-3A, Limited General
Commercial zone, on a 1.2 acre site located at the northwest
corner of Redlands Boulevard and the 1-10 Waterman Avenue South
off-ramp for the Buyers Club complex located approximately 1,000
feet southerly on Caroline Street and Concourse Way. The
proposed copy of the sign gives no indication of where the
location of the Buyers ClUb is relative to the subject sign.
Additionally, the applicant is requesting a waiver of the
maXlmum height allowed and setback requirements in Sections
19.60.25(Al3,4, & 8. The proposed sign is 50 feet in overall
height and is located within 10 feet of the public right-of-way
and is within 600 feet of the right-of-way line of the freeway.
2. BACKGROUND
The Planning Commission on April 21, 1987, denied a request for
Variance No. 87-6 regarding the establishment of an oversized
wall sign that projected above the roof line for the Buyers Club
site. The applicant has appealed that decision to the Mayor and
Common Council. At the Council hearing of May 18, 1987, the
item was continued pending additional staff analysis on the
question of oversized signage.
The San Bernardino General Plan states that the visual quality
of most highway frontage development is not inviting, mediocre
streets, excessive signs and billboards and utility poles create
a seemingly endless corridor of visual conflict. Setbacks, sign
controls, underground utilities and landscaping, where
practical, can improve the appearance of commercial streets and,
thus, the community as a whole.
3. SIGN CONFIGU!lbnON_"'!-lP_LO~~TION
The proposed sign has approximately 280 square feet of signage
per face with a green background and white lettering. The major
part of the sign will measure 30 feet wide by 8 feet 7 inches
tall with a smaller portion 10 feet by 3 feet below. Overall
height on a pole is 50 feet. The site plan indicates that the
sign is adjacent to the 1-10 Freeway on the western property
line that will eventually have two drive-thru restaurants.
Recently approved Parcel Map No. 10260 creates two parcels where
each restaurant will be allowed one free-standing sign as well
as a freeway oriented pole sign. The approval of the proposed
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP NO. 87-23
OBSERVATIONS
] 6
6/2/R7
1
AGENDA ITEM
HEARING DATE
PAGE
off-premise sign would establish one additional free-standing
freeway oriented sign on the westernmost parcel. The Planning
Commission is being asked to consider a variance for the freeway
oriented pole sign for this site as Variance No. 87-4, Agenda
Item, No. 11.
4. QQDE RESTRICTIONS
San Bernardino Municipal Code Sections 19.60.25(Al3,4 & 8
specifies a maximum height of 32 feet, a setback of at least 10
feet from the public right-of-way and a setback of 600 from the
right-of-way line of a freeway when the advertising face is
visible from any point on said right-of-way line.
5. LANDUSE. ZONIN9_b~_GENERAL PLAN
The site and surrounding properties are zoned C-3A; present
landuses include the I-IO freeway and offices to the north of
the freeway, retail uses to the south, east and west. The
General Plan designation for the site and properties to the east
and west is General Commercial. To the north and south, the
General Plan designation is General Industrial. The site is
also within the South Valle Redevelopment Project Area.
6. SOUTH VALLE REP,EY~J.9P~1~NT_1'~OJE~T_ AR~b
The proposed sign is located within the
Redevelopment Project Area adopted in 1984. The
the Plan for the Project Area seeks to:
South Valle
second goal of
"improve the visual image of the City and specifically
the Project Area by reinforcing existing assets and by
expanding the potentials of the Project Area."
The proliferation of signage beyond the number of permitted
signs does not enhance the visual environment of the area and
the City as a whole.
7. ag~NCX_~OMMENTS
The California Department of Transportation has indicated
concern over the col~ring of the sign. They feel that the green
background with white lettering may confuse the motoring public
with that of the freeway directional signs. Additionally, the
City of Loma Linda has strongly urged denial of the Conditional
Use Permit. The City is concerned over the aesthetics of the 1-
10 corridor and feel the sign is too large and not visually
pleasing.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP NO. 87 - 2 3
OBSERVATIONS
16
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AGENDA ITEM
HEARING DATE
PAGE
8. I-lO FREEWAY CORRIDOR
The I-IO freeway corridor is a major focal point and entrance to
the City of San Bernardino and communities to the east. For the
past several years, the County of San Bernardino and the Cities
of Redlands and Loma Linda have been developing a Master Plan
for the I-IO corridor, east of the City of San Bernardino. The
intent of this study effort is to establish guidelines and
standards for future development in this most visible corridor.
The City of San Bernardino has adopted the redevelopment project
areas to the north of the freeway (Southeast " Industrial Park and
Tri-City) and the South Valle Project to the south. Each
establishes guidelines and standards above those in the
Municipal Code in order to ensure a higher level of development.
In the past the Commission has been very cautious in hearing
several requests for freeway oriented signs in this area. Of
particular note was the 1,000 foot long freeway sign proposed
for the Tri-City Corporate Center (Variance No. 86-17).
9. ENVIRONMENTAL REVIEW
At the regularly scheduled meeting of the Environmental Review
Committee on May 7, 1987, the Committee recommended a negative
declaration for Conditional Use Permit No. 87-23
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP NO. 87 - 2 3
FINDINGS of FACT
16
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AGENDA ITEM
HEARING DATE
PAGE
All applications for a waiver must include a written response to each
of the following items in order to clearly establish the ~ for the
waiver under the conditional use permit:
A. There are exceptional or extraordinary circumstances or
conditions applicable to the property involved, or to the
intended use of the property, which do not apply generally to
other property in the same zoning district.
A~plicant's Response
There are exceptional conditions applicable to this property.
The success of the project relies primarily on freeway
visibility. Freeway oriented signs for other businesses in the
area clearly demonstrate the need for this type of site
identification. Ground elevation is 30 feet lower than the
freeway; height is needed so signs are visible.
~talf's Response
Variance from the terms of the zoning Ordinance, as stipulated
by State law and City Ordinance, can only be granted due to
special circumstances applicable to the property including size,
shape, topography and location or surroundings.
The site is clearly visible from the freeway, therefore, the
maximum height requirement does not need to be exceeded.
Additionally, the, site does not have any special circumstances
that would give cause to granting of setback requirements.
B. That such variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant.
bQQlicant's Response
Signage is an allowable use. Other uses in the vicinity enjoy
maximum visibility by utilizing freeway oriented signage similar
to that which we are requesting.
Staff's R~~~:
Substantial property right refers to the right to use the
property in a manner which is on a par with uses allowed to
other property owners which are in the vicinity and have a like
zoning. The purpose of the variance is to restore parity where
the strict application of the zoning law deprives such property
owners of privileges enjoyed by other properties in the vicinity
and under identical zoning classification.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP NO. 87-23
FINDINGS of FACT
AGENDA ITEM
HEARING DATE
PAGE
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The requested waivers are for an off-premise sign. The property
owner will still be allowed to advertise with on-premise free
standin~ and wall signs.
That the granting of the variance
detrimental to the public welfare or
improvements in the zoning district
the property is located.
will not be materially
injurious to property and
and neighborhood in which
Applicant's Response
This location is intended to add to the service oriented aspect
of the neighborhood. There is no hazard presented to the public
or private property. The sign would not hamper any emergency
vehicle. This sign would allow safe exit time for motorists on
I-IO.
~~aff's_~ponse:
In determining the application for a variance, the best interest
of the enti:e community is the controlling factor rather than
the suitability or adaptability of the property in question for
a particular use.
A waiver of height and setback requirements would create
additional visual clutter along the I-IO corridor which would
not be in the best interest of the general public.
Additionally, the proposed colors for the sign may tend to
confuse passing motorists on the I-IO freeway.
D. That the granting of such a variance WiLl not be contrary to the
objectives of the Master Plan.
Applicant's R~~EQnse
The granting of this variance would in no way be contrary to the
objectives of the Master Plan. Signs of this type would be an
asset to this project and aid in its success.
Staff's Res'Po!l~.€l
The San Bernardino General Plan specifically sites excessive
signage and billboards as causes of visual conflict. Setbacks
and sign controls are identified as measures to improve the
appearance of commercial streets. Therefore, the proposed
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP NO. 87-23
FINDINGS of FACT
1 h
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AGENDA ITEM
HEARING DATE
PAGE
wai~er requests an indirect
objectives of the Master Plan.
conflict with the goals and
FINDINGS OF FACI FOJLTIHL~.9~I1J9NAld!i?~_J'];m.tIT
1. The proposed use does not conform to the goals and objectives of
the San Bernardino General Plan and the South Valle
Redevelopment Project Plan.
2. The proposed use will adversely affect the adjoining land uses
and the growth and development of the area by adding to the
visual conflict along the I-IO corridor.
3. The site (1.2 acre) and shape of the site are not adequate to
allow for the addition of an off-premise sign without being
detrimental to the particular area, peace, health, safety and
general welfare of the residents in the community.
4.
The traffic
undue burden
to carry the
generated by the proposed use will not impose an
on the streets and highways designed and improved
traffic in the area.
5. The granting of the Conditional Use Permit will be detrimental
to the peace, health, safety and general welfare of the citizens
of San Bernardino.
RECOM~IENDATIONi?
Based on the observations and findings of fact contained herein,
Staff recommends denial of Conditional Use Permit No. 87-23.
Respectfully Submitted,
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VINCENT A. BAUTISTA,
Acting Planning Director
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RUTH COOK, Planning Aide
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, CITY OF SAN BERNARDINO PLANNING DEPARTMENT "I
ENVI RONMENTAL REVIEW COMMITTEE
ENVIRONMENTAL
IMPACT CHECKLIST
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A. BACKGROUND
1. Case Numb e r (s) : Conditional Use Permit 87-23 Date: 5/7/87
2. Project Description: Applicant requests approval of a Conditional
Use Permit to establish an off-premise siqn with waivers of
maximum height allowed and setback requirements in Sections
19.60.25(A.3,4,8l in the C-3A Limited General Commercial zone.
3. General Location: Sub;ect property consists of approximately 1.2
acres located at the northwest corner of Redlands Blvd. .
~~... "ho T-1O Waterman South off-ramo.
,-, --
B, I,NV llWNMENTAL lMI'ACTS
YES ;'lAYBE ~o
1. Could project change proposed uses of land. as indi-
cated on the General Plan, either on project site or
\"ithin general area? X
- - -
1. \Iould signif iean t increases in either noise levels,
dust odors, fumes, vibration or radiation be gener-
ated from project .:1rea, either during construction
or from completed project other than those result-
ing from norm.:11 'construction activity? X
- - -
,
) , \,111 project involve application, use or disposal
of hazardous or tax ic materials? X
- - -
4. lJill any dev iat ion (rom any es tab lished env i ron-
mental standards (a i r, water, noise, lli\ht, etc.)
and/or adopted plans be requ~sted in connection
with project? X
- - -
5. \Jill the project require the ust! of sil~nificant
amounts of energy which cou Ld be reduced by the
use of appropriate mitigation measures? ~
- -
6. Could the project create " traffic hazard or
conges tion? - ~
7. Could project result in any substantial change in
quality. quantity, or accessibility of any portion
of region's air or surface and ground water re-
sources? 3-
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YES
HAYBE
NO
8, Will project involve construction of facilities in
an area which could be flooded during an inter-
mediate regional or localized flood?
x
9. Will project involve construction of facilities or
services beyond those presently available or pro-
posed in near future?
~
10. Could the project result in the displacement of
community residents?
x
11. Are there any natural or man-made features in pro-
ject area unique or rare (i.e. not normally
found in other parts of country or regions)?
x
12. Are there any known historical or archaelogical
sites in vicinity of project area which could be
affected by project?
x
13, Could the project affect the use of a recrea-
tional area or area of important aesthetic value
or reduce or restrict access to public lands or
parks?
x
14. Are there any known rare or endangered plant
species in the project area?
x
15. Does project area serve as habitat, food source,
nesting place, source of water, migratory path,
etc.. for any rare or endangered wildlife or fish
species?
x
L6, 11111 project be located in immediate area of any
adverse geologic nature suet, as slide prone areas,
I\ighly erosibl~ soils, earthquake faults, etc.?
x
17. Could project substantiaLly affect potential use
or conservation of a non-renewable natural
resource?
x
18. Will any grading or excavation be required in
connection with project which could alter any
existing prominent surface land form, i.e., hill-
side, canyons, drainage courses, ete?
x
19. Will any effects of the subject project together
l)[ in conjunction with effects of other projects
cause a cumulative si~nificnnt adver5e impact on
the environment?
x
~
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C, SUNNARY OF FINDINGS AND CUHULATIVE EFFECTS
If any of the findings of (act have been answered YES or MAYBE, then a brief
clarification of potential impact shall be included as well as a discussion
of any cumulative effects (attach additional sheets if needed).
D. MITIGATION ~EASURES
Describe type and anticipated effect of any measures proposed to mitigate or
eliminate potentially significant adverse environmenta~ impacts:
-,-
E. DETE~llNATION
On the has is of this ioitial evaluation,
[lg ~~e find the proposed project COULD NOT have a signif icant effect on the
environment and a NEGATIVE DECLARATION will be prepared,
0 \I" find tha t a I though the proposed project could have a significant
effect on the environment, there will not be a significant effect in
, this case because the mitigation measures described on an attached sheet
have been added to the project. A NEGATIVE DECLARATION IHLL BE PREPARED,
o \Je find the proposed project MAY have a significant effect on the environ-
ment, and an ENVIRONMENTAL IIWACT REPORT is required.
ENVIRONMENTAL REVIEIJ COMMITTEE
CITY OF SN~ BERNARDINO, CALIFORNIA
~~I~~~ t(u,=,,,, A.....i...tant Planner
(Secretary) 1< J:; L;.
DATE: 5- 1,87
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CITY OF SAN BERNARDINO
PLANNING DEPARTMENT
AGENC~
ITEM ;:#
LOCATION
CASE CUP NO. 87-23
HEARING DATE 6/2/87
16