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HomeMy WebLinkAbout11-Planning 1 CI~ OF SAN BERNARDOo - REQUIOT FOR COUNCIL ACQoN Frank A. Schuma From: Planning Director Dept: Planning Subject: Appeal of Variance No. 85-13 Mayor and Council Meeting of September 9, 1985, 9:00 a.m. Date: August 27, 1985 Synopsis of Previous Council action: Previous Planning Commission action: At the meeting of the Planning Commission on August 20, 1985, the following action was taken: The application for Variance No. 85-13 was unanimously recommended for denial. The Negative Declaration for environmental review was also denied. Vote: 7-0, 2 absent Recommen<:led motion: That the hearing on the appeal be closed and the decision of the Planning Commission be affirmed, modified or rejected. ~-~~ -, Signature Frank . "tfL A. Schuma . Contact person: Frank A. Schuma Phone: 383-5057 2 Supporting data attached:_ Yes, Staff Report Ward: FUNDING REQUIREMENTS: Amount: Sou rce: Finance: Council Notes: 75.0262 J Agenda Item No. ~. o o o Q p;:r.C'~': '::- ~. ::-:'" '55 ~. it ~,... '~1 -' '. '~'...J ~. ;).1) I q ?1.b' OFFICE OF mE CITY CLERK Mayor Hol~omb and Co~~on Council 300 ~orth D Street San Bernardino, California 92418 Gentlemen: i I respectfully submit this appeal of the decision of the Planning Commision regarding Z;~~ I wish to submit the following information in support of my appeal. , I have tried in every way possible to comply with the parking requirements of the Planning Commission, but I am still nine parking spaces short. I am, therefore, forced to respectfully request that you grant a waiver as to the number of parking spaces required for my business. . I have been in the sa~e type of business at this location in the pa~t and parking spaces was never a problem. I have incurred a great deal of expense in relocating my business back to this location. I have installed equipment and aquired a five year lease of the premises. I have been issued a liquor license and a resale number by the State of California. Mr. Dean "Dino" Pagel, an inspector with the city building department, has inspected the premises and approved all work done. The ol.~er businesses who share the same back parking lot all close at 6:00 P.M. Caldwell's Beauty Shop has only 2 or 3 back parking spees during business hours. Jean's Shoe Shop does not have access to the back parking lot so does not use the parking spaces provided. Both businesses customers mainly use the parking in front of their shops on Baseline Avenue. I enclose statements signed by both businesses giving me permission to use their parking areas after 6:00 P.M. I also enclose a copy of the statement from the owner of the property to the Planning Commission given permission to use all of the back parking facilities after 6:00 P.M. Since my business is mainly conducted after 6:00 P.M. this should provide ample parking for the premises. 00 it' fi'J f2 n \',!1 IS [ID D l~ J!J e-S U \~I L', n n ., U u AUG 211985 CITY PlAIltNlim CC,'C;7MENT SAN BERNARDINO, CA o o 0-. o I have been in business for 15 years and I've always tried to do the right things. It would create a severe hardship on me and my family for me to relocate my business. It would, in fact, be impossible as everything I have worked for is tied Mp~in this business and the premises where it is located. :"._, '_'. , ' .,- It would also mean employment for twelve people. I appreciate your time and consideration of this matter. I await your positive decision in granting this ~equest for a waiver. Sincerely, thank you JI,~ ~~ LUPE :JAIME II ";'(i> V td:.5-- <)/-' 31 Ct.<<-y ;) I} /? S-!>- o o "0- Q December 22, 1985 San Bernardino Planning Committee San Bernardino, California To wnom It May Concern. I, Howard Green, owner of 617 W. Baseline, San Bernardino,' hereby giva permission for the owners of the Shanty to be able to use the excisting parking facilities that are there. The Shanty will be able to use the parking facilities even after normal business hours by other tenants which close at 6P.M. I ow~ all property located at the buil~ings in question by your committee. If you have any further questions, please do not hesitate, and call my office.' "Zi#"~-, ly, ~ --- % " .--z .. Howard J. Green Owner HJG/lz : o o o o GENE'S POE REPAIR . state that I use the back parking assigned to my business only for my personal automobile. My customers use the front entrance to my business which faces Baseline Avenue. Since they only use the front entrance they park at the curb on Baseline Avenue. The Shanty Cocktail Lounge has my permission to use the parking spaces assigned to my business after 6:00 P.M. I , of Jean's Shoe Shop BoJJ&i / J ...--JXJ />-----:? _ ' &r~ fte~/ ~ L-..' It AJ-/J o o o o I, Richard rod, JEll of Caldwell's Beauty Shop state that the Shanty Cocktail Lounge has my permission to use the back parking spaces assigned to my business after 6:00 P.M. I further state that the majority of my customers use the curb parking on Baseline Avenue in front of my business. (? ~~G< (),~ rf/~cs- o +i G ~ ..{ " , ~ .~~; rl....\ . . 0 .0,' 10 ; ~ ,\ ... , " , " ' -- . ~:li .". .. - I -r ~! ~ ? ~ I t:1;' . v " H - , . \ 'ii ~ !;] I, ~ ~.. , .1: .~~ ~... ",..'~ .. .... .. ~.! 'lJ ,ilia 'ta..~ . I~:li i~ , ~ 1t.. l . ,~ _2 ~ a i'" ~ ..~ ' i~ ~..,. :l ~ t~ ~ ....~ t ). I- ...:i ~ " ' " 10 ~<O(: ~; ~ ~ $.~ - . , " "f- 1 .~ :2 ~~5'" ~" "..: ..,.. - ,.1 ~ . .. " ~ ~ -:85 '- II P Me ~~...~ ':Z CI -s ,-r- ~ a'2..~ ~ I ;:c "- , -,r="'f ~ I~ 25 r ~~ ~ , I I & -a3~ :.:.:;....~.:.~:.". : Jj ~ --:z :< Si ~ ~~.9 01;-::::. "'c-a ';! ~ :::.~_:~::..- ":'~:~~J:~.~:.:: , I .! ~ ,,' H @ .d .... " . , -" U) \ , .. , ( l :\':\ i oJ, .' .... -</>--' t r- ' a- ~ . ~ , ... ~ ~ .~ ... .~" ~o', .<il". ~,. ~~ . '. -f.::" l----Oro---' ; "'I'f G~/JV ~-.~ Ii rr;.?'~ ~t " ' ') :rs:--'---~---4 I ~~: L _ "'4"; 'H'" , ~~'~~ ~/'.. -!--T--i- ~ .'. r/ <It C; '1J ... ' ~~ ;-~ 1::: " ~ '.t -{ ,,:r,~_.-l .....~... .~ "~ 1--'.1- , -I " : ..! t ~ ol ~.. . :4 . " _ . ..d S~., If., . ;'1Ib' :>urpuu .-1_- /0 I~.\ V 1.'\J G '. \.'''' ~-~,...;-~,:,,- ...."...,.--..'... . . ~,.:,~ ~.~? '-7 ,; '-. . ( o o t o CITY OF SAN BERNARDINO 300 NORTH "0" STREET. SAN BERNARDINO, CALIFORNIA 92418 . ... .-.-.... lE_;::~: ..,. H::: ~~, EVLYN WILCOX Mayor Members of the Common Council Esther Estrada. .. .. .. .. .. .. .. .. .. .. .. .. First W.rd Jack (:I:ellly. . .. .. .. .. .. . .. .. .. .. .. .. Second Ward Ral!)h Hernandez.. .. .. .. .. .. .. .. .. .. .. Third Ward Steve Marks ........................ Fourth Ward Gordon Qulel .. .. . .. .. .. .. . .. .. . .. .. Fifth Ward Oan Frazier .. .. .. .. .. .. .. . . .. .. .. .. .. Sixth Ward Jack Strickler .. .. .. .. . . .. .. .. .. .. .seventh Ward August 22, 1985 .lrs. Lupe Jaime 1248 pepper Tree Lane San Bernardino, CA 92404 Dear Mrs. Jaime: At the meeting of the Planning Commission on August 20, 1985, the following action was taken: The application for Variance No. 85-13, to permit less than the minimum required number of parking spaces for a proposed cocktail lounge with pool tables on approximately .33 acre having a frontage of approximately 100 feet on the south side of Baseline Street and being located approximately 88 feet west of the centerline of "F" Street and further described as 617 West Baseline Street, was denied based upon findings of fact contained in the staff report dated August 20, 1985. According to the San Bernardino Municipal Code, Section 19.74.080., the following applies to the above variance: "The decision of the Commission shall be final unless an appeal therefrom is taken to the Common Council as provided for in this section. Such decision shall not become effec- tive for ten days from the date that the written decision has been made and notice thereof mailed to the applicant, during which time written appeal therefrom may be taken to the . o (0 o ( Mrs. Lupe Jaime August 22, 1985 Page 2 Council by the applicant or any other person such decision. The Council may, upon its own any Commission decision to be appealed.- Respectfully, - /:/Z--L 4--. FRANK A. SCHUMA Planning Director mkf '0 agg r ieved by motion, cause Q o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT" SUMMARY 11 8/20/85 2 AGENDA ITEM HEARING DATE WARD ~ APPLICANT Lupe Jaime 1248 Pepper Tree Lane San Bernardino, CA 92404 SAME lIJ (/) ~ () Variance No. 85-]} OWNER tn lIJ ~ o 1&1 a: '" ~ LIJ a: ~ Subject property is all irrq;ularly-shaped parcel of land consisting of approx- imately .33 acres, il3ving a frontage of approximately 100 feet on the south side of Baseline Street and being located approximately 88 feet west of the centerline of "F" Street and further described as 617 West Baseline Street. The applicant requests a variance of Code Section 19.56.050(E) to permit less than the minimum required number of parking spaces for a proposed cock- tail loun~e with pool tables. EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION Sllbject Commercial C-JA General Commercial North Corrunercial C-3 General Commercial South Commercial C-JA General Commercial East Commercial C-3 General Commercial West Commercial C-3A General Commercial GEOLOGIC / SEISMIC DYES FLOOD HAZARD DYES OZONE A ( InYES ) HAZARD ZONE f!9 NO ZONE tlINO OZONE B SEWERS oNO HIGH FIRE DYES AIRPORT NOISE / DYES REDEVELOPMENT DYES HAZARD ZONE !XI NO CRASH ZONE ~NO PROJECT ARE^ E)NO ..J o NOT o POTENTIAL SIGN I FICANT Z 0 APPROVAL ~ APPLICABLE EFFECTS 0 WITH MITIGATING fi 0 CONDITIONS Z(/) MEASURES NO E,I.R, lIJ(!) o EXEMPT o LI R. REQUIRED BUT NO 1&.0 KiI 2Z I&.~ DENIAL Z- SIGN IFICANT EFFECTS 00 WITH MITIGATING ~2 0 a::Z MEASURES U)::E CONTINUANCE TO :;iL 0 Z ~NO o SIGNIFICANT EFFECTS () lIJ SIGNIFICANT SEE ATTACHED E.R. C, lIJ EFFECTS MINUTES a: NOV 1981 ftEVISEO JULY '..2 SKY CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE Vari,mcp 8~-11 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 11 8"OIR~ 2 Background 1. At the Planning Commission meeting of April 2, 1985 an application request- ing a conditional use permit in order to establish a lounge at 617 West Baseline, offering on-site sale and consumption of alcohol in an existing building with a parking waiver was denied. The applicant appealed the decision to the Mayor and Common Council and attempted to obtain additional parking spaces. At the meeting of the Mayor and Common Council on June 17, 1985 the request was referred to the City Attorney who determined that a variance is required.if the parking waiver is to be granted. The following is a summary of adjacent uses to the proposed lounge: USE REQUIRED PARKING Cleaners No rear access to parking 5 spaces 14 spaces provided per CDP #809 5 spaces 28 spaces Shoe Shop Bookstore Beauty Shop Proposed Lounge The San Bernardino Municipal Code requires 28 parking spaces for the proposed lounge. Only 19 spaces are provided for the proposed use and two of the surrounding retail uses. Given current code requirements, the two retail uses would utilize 10 of those 19 spaces thereby leaving only 9 spaces for the proposed lounge, a deficit of18 parking spaces. . The following are the four required findings of fact for Variance No. 85-13, including the applicant's and staff's response to each: 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 and neighborhood. Applicant's Response: The use was previously used as a lounge. The parking allotted to other uses is underutilized at present. Most persons park on the street due to the location of the lot in an area not clearly visible from Baseline or "F" Street. '" o .cITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE V~ri~n~~ R~_11 OBSERVATIONS AGENDA ITEM 11 HEARING DATE 8/20/85 PAGE 3 , Staff's Response: Variance from the terms of the zoning ordinance shall be granted only be- cause of special circumstances applicable to the property including size, shape, topography location or surroundings. There are no exceptional or extraordinary circumstances applicable to the subject site. A less in- tensive use of 2,275 square foot area would minimize circulation and par- king impacts. A retail or office use of the building would require 10 spaces, only one less than what could currently be provided. B) That such a variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. Applicant's ResE~ The requested use is a commerCial-type use for which the C-3 zone is in- tended. The use of this property does not substantially differ with re- gard to traffic generation than any other use in the area. Therefore, the owner would be using the property in a manner which is on par with other property owners in the area in the C-3 zone, Staff's Response: Substantial property right refers to the right to use the property in a manner whi ch is on 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 de- prives such property owners of privilages enjoyed by other properties in the vicinity and under identical zoning claSSification. The applicant can enjoy her property right by simply occupying the building with a less intense use that would meet Code requirements for parking. There have been no parking variances granted to other property in the vicinity under identical zoning classification. C) That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the zoning district and neighborhood in which the property is located. Applicant's Response: The requested variance will not be injurious to public health, safety. or welfare as no conjestion will result due to the underutilization of this parking 10 t. Staff's Response: In determining the application for a variance, the best interest of the entire community is the controlling factor rather than the suitability " J 000 -CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE Variance 85-13 OBSERVATIONS 11 8/20/85 4 AGENDA ITEM HEARING DATE PAGE or adaptability of the property in question for a particular use, The San llernardino Municipal Code has been developed to assure that by meeting the minimum requirements of the code, a business located within the City would be consistent and compatible with the surrounding land uses and not be detrimental to the adjoining properties, general area, or citizens of the City. The granting of Variance No. 85-13 would set a precedent for other develop- ments in the area. This precedent may be cited over and over by other property owners within the area requesting similar reductions in parking, the cumulative effects of which will be detrimental to the adjoining properties, area as a whole and citizens of San Bernardino. D) That the granting of such a variance will not be contrary to the ob- jectives of the Master Plan. Applicant's Response: The General Plan designation of General Commercial has it's goal to conserve existing commercial districts. Non-use of this bUilding has a detrimental effect on surrounding uses and creates blighting influences, Staff's Response: The Comprehensive General Plan of the City of San Bernardino projects the property to be developed General Commercial "through proper planning standards" of conunercial facilities which are convenient to the residents of the area and to "encourage the grouping of compatible commercial activities which provide adequate parking." Recommendation: Based upon the negative findings of fact, Staff recommends denial of Variance No. 85-13. Respectfully submitted, FRANK A. SCHUMA Planning Director ~o<~ ANN LARSON Assistant Planner ALlap \. ,;gH ':['= f~~ __L ~:~t :' : I~ :: =i~'j_l ;..~,'~,. 1 ~I:!:~: /, . r:0 " - .f:' ..."::+ ..j "" , '",,;,,:'.: d =. ,. i .-...- 1---.;.-.._ I t . .. ~el'1 6~1I6' :. r- a--L _ .. -,_.r. ~=L ,::-:r.c . ( ", .,..::'T . ~~ ',7 ,! I.' '1.'j' / . I l~ .' p ~_. . I 1~"". It...l_. ., , ~ ;'1 ~ : . . "l ,. t'l .;;" ". ~ It- ..- ,,~ .u I ., .1 ~ i. '_ ~~ ;-~ ..- ~- '< ~., ~" '~ ,/ ~~~/ @ ..r~ , , . @ ><5 i.. " . , ;';1 " ~ . : t1 <., . i4 . ~ .~ . ;; " .., " ..... 't:.. .... 4:. b.. / ':}j ~ , ~'- .... ~ ~ .. ':i on .'-"'- to/ !:: to/' - ~: ~~ f ,... CS'. ,,. ::0\ __~J ..' ...... 61 ~Q' ,SI' -~~ ,U - r&? ,U st!'~ IE't' . ,<JIlY :un l"~~e " L" T-- . I I . ... 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