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CI,(; OF SAN BERNARDI~ - REQUE..,.Jr FOR COUNCIL AC'...JoN
Frank A. Schuma Appeal of Conditional Use
From: Planning Director Subject:
Permit No. 85-17
Dept: Planning Mayor and Council Meeting
of September 23, 1985, 9:00 a.m.
Date: September 9, 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 Conditional Use Permit No. 85-17 was denied.
Vote: 4-3, 2 absent.
Recommeno:led motion:
That the hearing on the appeal be closed and the decision of the
Planning Commission be affirmed, mofidied or rejected.
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Signature F k ASh
ran . c uma
Contact person:
Frank A. Schuma
Phone:
383-5057
4
Supporting data attached: Yes, St:aff uI:t~port
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75.0262
Agenda Item No.
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'rdARK L. SEMINARb-"
M.L.s., Incorporated
Financial Enterprises
(714) 25M622
August 26, 1985
The Honorable Mayor Wilcox
The Common Council
c/o City Clerk's Office
City of San Bernardino
300 North "D" Street
San Bernardino, Ca. 92418
Re: Conditional Use Permit No. 85-17
Dear Mayor Wilcox and Members of the Common Council:
I hereby appeal the attached letter of denial for the above
referenced Cond~tional Use Permit.
It is unfortunate that this action must be taken, however
the Planning Staff has left no alternatives and has influenced 4
members of the Planning Commission to support their
uncompromising views contrary to facts, reason and logic.
Of the many projects I have been associated with in the City
of San Bernardino since 1970 this will be the first to be
appealed to the Common Council. It is my sincere hope that this
will not become the required procedure to develop a property in a
logical manner within San Bernardino.
Sincer~IYJ
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Mark L. Seminaro
Owner/Applicant
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Mailing Address;
P.O. Box 8115
N....port Beac:h, CA 92660
17905 Sky Park Circle
Suite UK"
lnine, Calif. 92714
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CITY OF~SAN BERNARDINO
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300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 92418
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EV L YN WI LCOX
Mayor
Mambers of the Common Council
Esther Estrada. . . . . . . . . . . . . First Ward
Jaek Reilly. . . . . . . . . . . . . . Second Ward
'Ralph Hernandez. . . . . . . . . . . Third Ward
St...,. Marks. . . . . . . . . . . . . Fourth Ward
Gordon Qulel . . . . . . . . . . . . . Fifth Ward
Dan Fr.zler .. . . . . . . . . . . . . . Sheth Ward
Jack Strick I"", . . . . . . . . . . . .seventh Ward
August 21, 1985
Mr. Mark Seminaro
P.O. Box 8115
Newport Beach, CA 92658
Dear Mr. Seminaro:
At the meeting of the Planning Commission on August 20,
1985, the following action was taken:
The application for Conditional Use Permit No. 85-17, to
permit a mini-space storage facility in the C-3A Limited
General Commercial zone on approximately 1.5 acres having a
frontage of approximately 185 feet on the south side of
Highland Avenue and being located approximately 235 feet east
of the centerline of Valaria Drive, was denied based upon
findings of fact contained in the staff report dated August
20, 1985.
According to the San Bernardino Municipal Code, Section
19.78.070., the following applies to the filing of a condi-
tional use permit:
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-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 Council, after receipt of the appeal, shall
conduct a public hearing and may either approve, modify or
reject the decision of the Planning Con~ission.n
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Roy G. Palmer Engineering, Inc.
May 28, 1985
Page 2
If no appeal is filed pursuant to the above prov1s1ons of the
San Bernardino Municipal Code, the action of the Commission
shall be final.
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FRANK A. SCBUMA
Planning Director
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L~ITY OF SANe 'lE~ARDINQ)- ( JlEMORANDL-M
To Planning Commission
From Frank A. Schuma
Planning Director
Date August 20, 1985
Subject Concli tional Use Permi t No. 85-17
Approved Agenda Item No.5, Ward 4
Date
Owner: Mark Seminaro
P.O. Box 8115
Newport Beach, CA 92658
Applicant: Same as owner
On May 8, 1985, the Commission continued Conditional Use permit No. 85-17, a
request for a mini-storage faci lity on the south side of Highland Avenue, in
order to determine the appropriate land use of the property upon completion of
the Highland Area Plan. At the last meeting, the Commission agreed to resche-
dule the item for tonight's meeting.
Attached is a copy of staff's original analysis of the proposed facility.
Staff's recommendation for denial remains the same. In addition, it should be
noted that all of the land use alternatives for the site of the pending Highland
Area Plan indicate a multiple family residential designation. Therefore, the
applicant's proposal would potentially be inconsistent with the Highland Area
Plan.
Respectfully submitted,
FRANK A. SCHUMA
Planning Director
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AN CAMERON
Associate Planner
(,ry Oil "H.~.DV;E
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BERNARDINO
SUMMARY
AGENDA ITEM
HEARING DATE
WARD
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Conditional Use Permit No. 85-17
APPLICANT: Roy G. P alme r Eng., Inc.
5051 Canyon Crest Drive
Riverside, CA 92507
OWNER. Mark Seminaro
P.O. Box 8115
Newport Beach, CA 92658
t; Subject property is an irregularly-shaped parcel of land consisting of
lIJ approximately 1.5 acres having a frontage of approximately 185 feet on
~ the souths ide of Highland Avenue and being located approximately 235
lIJ feet east of the centerline of Valaria Drive. The applicant requests
a: approval of a conditional use permit under authority of Code Section
" 19.28.020(E) to permit a mini-space storage facility in the C-3A, Limited
<! General Commercial Zone.
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PROPERTY
Subject
North
South
East
West
EXISTING
LAND USE
ZONING
C-3A
GENERAL PLAN
DESIGNATION
Vacant
Vacant
Sing.-Fam. Resid.
Vacant
Commercial, Vacant
R-l (County)
C-l (County)
C-3A
General Commercial
General Commercial
Med.-Low Den. (4-7 u/ac)
General Commercial
General Commercial
GEOLOGIC / SEISMIC DYES FLOOD HAZARD lXI YES OZONE A ( [) YES )
HAZARD ZONE IXJ NO ZONE ONO OZONE B SEWERS ONO
HIGH FIRE DYES AIRPORT NOISE / DYES REDEVELOPMENT DYES
HAZARD ZONE KlNO CRASH ZONE lXI NO PROJECT AREA (]NO
...I DNOT o POTENTIAL SIGNI FICANT Z 0 APPROVAL
ex APPLICABLE EFFECTS 0
.... WITH MITIGATING - 0
Zen MEASURES NO E.I R tt CONDITIONS
lIJe> o EXEMPT o EI.R REQUIRED BUT NO LL.O rn
::EZ LL.ffi DENIAL
z- SIGNIFICANT EFFECTS
00 WITH MITIGATING ~::E 0 CONTINUANCE
a:Z MEASURES (/)2 TO
>0:: 0
Z ONO o SIGNIFICANT EFFECTS ()
lIJ SIGNIFICANT SEE ATTACHED E.R C. lIJ
EFFECTS MINUTES It:
NOV. 1981 REVISED JULY 1t'2
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,... CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE nIP 8" '7
OBSERVATIONS
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AGENDA ITEM
HEARING DATE
PAGE
1. The applicant is requesting approval of a mini-storage facility in
the C-3A, Limited General Commercial Zone. The 1.5 acre property
is located on the south side of Highland Avenue, 235 feet east of
the centerline of Valaria Street.
2. On January 10, 1984, Conditional Use Permit No. 83-30 to permit a
68-unit motel was approved on the property. On February 5, 1985,
an extension of time until January 10, 1986 was approved by the
Corrmission.
3. The 31,024 square foot mini-storage warehouse will be divided into
approximately 247 units as well as a 600 square foot office and a
1,064 square foot manager's residence. This would require 7
parking stalls. The submitted site plan indicates seven spaces
but three of the spaces would have to be redesigned to provide
better circulation in the rear of the property. There is 190 feet
frontage on Highland Avenue on which a 12-foot setback from pro-
perty line is indicated on the submitted plans. To improve the
aesthetic appearance of the project, the front setback area should
be increased to a minimum of 20 feet. Side yard setbacks should
be increased to 10 feet. This would require a redesign to move
units which are located on the east property line and add five
feet to the existing building setback on the west property line.
The rear property line which abuts an existing single-family
resiential area only indicates a five foot structural setback. If
.the project were approved, a twenty-fi ve foot setback shoul d be
required in the rear to insure a greater compatibility with adja-
cent residences. The existing five feet could create a main-
tenance problem potentially creating an undesirable aesthetic
appearance. All setback areas should be densely landscaped with
speciman trees and berms.
4. The submitted site plan indicates a 25-foot wide access drive to
Highland Avenue and a 24-foot wide access extending to the rear of
the property. The Engineering Department indicates that the drive
should be widened to 35 feet in width per State Highway standards.
The remaining drive aisles are 20 feet with one way access indi-
cated. There are two stories across from the parking area where
the manager's unit is located above the office area. The eleva-
tions submitted with the plans indicate a split face block
. exterior with a mansard metal roof on the two-story portion on
Highland Avenue. The elevation located on the westerly property
line consists of concrete precision block with no visual relief.
This elevation would be highly visible to eastbound traffic on
Highland Avenue. The applicant has also submitted alternative
elevations that indicate two-story buildings with a combination of
split-face block and stucco with a mansard metal roof extending
across the north elevation adjacent to Highland Avenue. If
approved, the applicant should submit elevations for all exteriors
~ which indicate a detailed definition of building easements.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP 85-17
OBSERVATIONS
AGENDA ITEM 'i
HEARING DATE ?/20/85
PAGE 1
,
5. The proposed storage facility is located within a commercially
zoned area on both sides of Highland Avenue. A restaurant-lounge
is located on a portion of the parcel located adjacent westerly,
the remaining portion is vacant. Property across Highland Avenue
is also vacant. Westerly is a County, C-l zoned property which is
utilized as the Sand Creek Flood Control Channel. To the rear is
an exi sti ng si ngle-fami ly subdi vi si on wi thi n the County area zoned
R-l. Comments from the County Planning Department indicate that
they are concerned about the compatibility of the proposed project
with the residential uses southerly. The County General Plan
indicates a 30 unit per acre residential land use designation
southerly. It is the opinion of City staff that the proposed
mini-storage facility is more industrial in nature which will not
complement the existing and future upscale commercial and residen-
tial development in the Highland area. The required 2-foot eleva-
ti on of bui ldi ng pads wi 11 render the project even more vi si ble.
The intrusion of a commercial-industrial use in this location
adjacent to residential uses would not acheive a consistent pat-
tern of commercial and residential land uses. Therefore, the
goals and objectives of the General Plan to acheive a coordinated
plan of land uses are not met.
6. Highland Avenue is a highly traveled major arterial more suitable
to a commercial or multi-family use which needs high exposure and
visibility offered by a location on Highland Avenue. Currently, a
.mini-storage approved by the County is located approximately one
block westerly on the north side of Highland Avenue by Rockford
Avenue. There is another request on this agenda (Conditional Use
Permit No. 85-19) also located accross the street slightly
westerly. If three of these facilities were located within a one
block area, the potential for future blight would occur as a
result of this prolification. It is the opinion of staff that a
mini-storage use would not reinforce the existing assets or expand
the development potential of the area. The underutilization of
these properties could depreciate surrounding property values
thereby discouraging continued investment in an area where higher
quality development is planned.
7. On Apri 1 11, 1985, the Envi ronmenta 1 Revi ew Committee detel'mi ned
that the proposal would not adversely effect the environment. The
parcel is located within a Flood Hazard Area due to its location
adjacent to the partiality improved Sand Creek Channel.
Preliminary comments from the Flood Control District indicate that
the channel is inadequate and subject to overflow, erosion and
debris deposition.
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'\"'-'CITY
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OF SAN BERNARDINO PLANNING DEPARTMENT "
OBSERVATIONS
CASE nIP R'l 17
AGENDA ITEM ....5 _ .
HEARING DATE 8/20/8')
PAGE 4
The following mitigation measures are recommended:
,
1) Extension of building footings below the channel
flow line.
2) A two to three foot roll on the proposed drive to
divert flows westerly.
3) Floor elevations shall be a minimum of two feet
above natural ground level.
4. The drainage opening in the rear to the property
would divert flows in such a manner which would
erode the access roadway adjacent to the channel.
Therefore, a permit should be obtained for an
underground storm drain connection.
5. Grading plans should be provided for Flood
Control District review.
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CASE nIP R5-11
FINDINGS of FACT AGENDA ITEM
HEARING DATE
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8/20/8';
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PAGE
1. The proposed mini-storage is not consistent with the goals and objec-
tives of the General Plan.
"
2. The proposal is not compatible with the adjacent existing single-family
development.
3. The commercial-industrial proposal could potentially devaluate
surrounding properties thereby inhibiting their development to maximum
potential.
4. The cumulative effect of this proposal with a similar proposal and use
in the area could create a blighting influence.
5. The project design would require a major revlslon to meet current Code
requirements and to enhance compatibility with the area.
RECOMMENDATI ON
Staff recommends adoption of the Negative Declaration and denial of
Conditional Use Permit No. 85-17 based on the observations contained
in the staff report.
Respectfully submitted,
FRANK A. SCHUMA
Planning Director
c~~ 'hI 9. (A'U~-<--Z
J~N E. CAMER
A~sociate Planner
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NOV. 1980
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~ARK L. SEMINAM
M.L.S., l1UXJrporated
Financial Enterprises
(714) 250-1622
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June 19, 1985
Mr. Frank Shuma
Planning Director
City of San Bernardino
300 North "D" Street
San Bernardino, Ca. 92418
Re: Mini Storage facility East of Valaria, South side of
Highland Ave., Highland, California
Dear Frank:
Please reschedule the above project for
Permit hearing for July 2, 1985 meeting
Commi. ssion.
Conditional Use
of the Planning
No useful purpose shall be served by delaying this hearing
until December in view of your staff's desire to rezone this site
as residential use.
I reluctantly agreed to delay based on the possiblity that
the Highland Area Plan might be considerate of our proposed use.
This project should be heard in conjunction with the proposed
site across the street at your July 2, 1985 meeting.
Please advise me of your decision in writing at your earliest
convenience.
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Mark L. Seminaro
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City of San Bernardino
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IvIniling Address:
P.O. Bux 8115
l'Jewy,>rt Beach, CA 92660
179(}S Sky Park Circle
Suite uKf.
Irvine, Calif, 927 Ii
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""ARK L. SEMfNA1lf1
M.L.S., fru:orporated
Financial Enterprises
(714) 250-1622
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June 19, 1985
Mr. Frank Shuma
Planning Director
City of San Bernardino
300 North "D" Street
San Bernardino, Ca. 92418
Re:
Mini Storage facility East of Valaria,
Highland Ave., Highland, California
South side of
Dear Frank:
Please reschedule the above project for
Permit hearing for July 2, 1985 meeting
Commission.
Conditional Use
of the Planning
No useful purpose shall be served by delaying this hearing
until December in view of your staff's desire to rezone this site
as residential use.
I reluctantly agreed to delay based on the possiblity that
the Highland Area Plan might be considerate of our proposed use.
This project should be heard in conjunction with the proposed
site across the street at your July 2, 1985 meeting.
Please advise me of your decision in writing at your earliest
convenience.
/.
Since.rel y,
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Mark L. Seminaro
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City of San Bernardino
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Mailing Address:
P.O. Box 8115
Newport Beach, CA 92660
17!lO5 Sky Park Circl.
Suite .'K"
Irvine, Calif. 92714
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CITY OF SAN BERNARDINO
PLANNING DEPARTMENT
AGENDA
ITEM #
LOCATION
CASE
C.U.P. #85-17
HEARING DATE R/20/85
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jCITY OF SAN BERN~DINO PLAr<3NING DEPARTMENT
FINDINGS of FACT
CASE Conditional Use
Permit No. 85-17
AGENDA ITEM
HEARING DATE 9-23-85
PAGE 1
1. The proposed mlnl-space storage facility is commercial in nature and con-
forms to the goals and objectives of the General Commercial General Plan
desi gnati on.
2. The proposed mini-space storage facility will not adversely affect the
adjoining land uses and the growth and development of the area in which it
is proposed to be located.
3. The rectangular 1.5 acre site is adequate to accomodate the mini-space
storage facility in a manner not detrimental to the particular area or to
the health, safety, and general welfare.
4. The traffic generated by the proposed use will not impose an undue burden
upon Highland Avenue, a major arterial, and adequate parking has been
provi ded.
5. The granting of the Conditional Use Permit Under the conditions imposed,
will not be detrimental to the peace, health, safety and general welfare of
the citizens of the City of San Bernardino.
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CONDITIONS
SAN BERNARDINO PLANNING DEPARTMENT
CASE Condi tional Use
Permit No. 85-17
AGENDA ITEM
HEARING DATE 9-23 85
PAGE 2
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1. All interior drive aisles shall be a minimum of 24 feet in width with peri-
meter dri ves a mi ni mum of 28 feet in wi dth.
2. Roof line along Highland Avenue and the west side of the building shall be
extended the entire }.,,"yLh of the bui lding as shown in Alternative No.1 or
No.2. r tk r t'>qjf:?:i'-<rd tf -1m uud ~ .
3. Roofi ng materi al shall be concrete (Terra Cotta) wi th rough sawnwood faci a.
'4. Split block along with the fluted split faced block as shown in Alternative ~
No.1 shall be incorporated in the final design.
5. Seven off-street parking spaces shall be provided adjacent to the entrance
of the project. A revised plan shall be submitted to the Planning
Department prior to issuance of building permits.
6. A minimum of 5% of the property shall be landscaped as required in Standard
Requirement No.4. The four foot easement along the westerly property line
shall be landscaped and credited as part of the 5%.
7.
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8. Subject to the rules and regulations of the Building and Safety Department.
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CUP 85-17
CASE
STANDARD REQUIREMENTS
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AGENDA ITEM
HEARING DATE 9/23/85
PAGE 3
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Conditional Use Permit 85-17 shall be in effect for a period of 12 months
from the date of approval. However, if no development has been initiated at
the end of the 12-month period, the application shall expire. Additional
time may be approved upon request of the applicant prior to expiration of
the 12-month period. Expiration Date: September 23, 1985
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COMMERCIAL, INDUSTRIAL
2
x a.
x b.
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PARKI NG :
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This development shall be required to maintain a minimum of 7 stan-
dard off-street parking spaces. -
All parking and driving aisles shall be surfaced with two inches of AC
over a suitable base or equivalent as approved by the City Engineer.
Parking spaces shall be striped and have wheel stops installed at least
three feet from any building, wall, fence, property line, or walkway.
Whenever an off-street parking area is adjacent to or across an alley
from property zoned residential, a solid decorative wall six feet in
height shall be erected and maintained along the property line so as to
separate the parking area physically from the residentially zoned pro-
perty provided such wall shall be three feet in height when located
within the required front or street side yard setback. Where no front
or street side yard is required, such wall shall be three feet in
height when located within ten feet of the street line.
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d. Whenever an off-street parking area is located across the street from
property zoned for residential uses, a solid decorative wall or equiva-
lent landscape berm not less than three feet in height shall be erected
and maintained along the street side of the lot not closer to the
street than the required depth of the yard in the adjoining residential
area. No fence or wall located in the front setback shall obscure the
required front setback landscaping.
REFUSE ENCLOSURES:
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Whenever refuse bins are located within or adjacent to a parking area used
by the public, they shall be enclosed by a decorative wall six feet in
height along the rear and sides and screened gate(s) six feet in height
along the front. The enclosure shall not be placed within the required
front or street side yard setback area. Exact location and size of refuse
enclosures are to be determined by the Planning Department and Division of
Public Services Superintendent.
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PAGE I OF 3
NAY '84
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CITY OF SAN BERNARDINO
CASE
CUP 85-17
STANDARD REQUIREMENTS
lro.
AGENDA ITEM
HEARING DATE 9/23/85
PAGE 4
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WALLS:
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a. Six-foot high solid decorative walls shall be required on the north
. south . east . and west or peripheral property
lines. (On"'i"y-those marked with "X" or check mark apply.)
b. Chain-link fencing may be used, subject to approval by the Planning
Department.
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LANDSCAPI NG:
The intent and purpose of this section is to prevent trees and other
landscaping from damaging public improvements.
a. Street trees must be installed at a minimum of 30 feet on center.
Varieties and exact location shall be determined by the Director of
Park and Recreation.
b. All required setbacks abutting a public right-of-way shall be
landscaped (except for walks and driveways which bisect or encroach
upon the required landscape area).
c. Three copies of a landscape plan (including plant material
, specifications) shall be submitted to the Planning Department and Park
and Recreation Department for review and approval.
d. All required landscaping shall be protected from parking areas and
shall be provided with automatic sprinkler facilities which shall be
maintained in an operative condition.
e. Interior planting shall be required and maintained equal to at least
five percent of the open surfaced parking area excluding the area of
1 and scapi ng stri p requi red by subsecti on "boo and sh all i nc 1 ude at least
one tree for every five spaces or major fraction thereof. Measurements
shall be computed from the inside of perimeter walls or setback lines.
f. The r~ui red setback (s) from the north , south xx . east xx ,
west property line shall be densely landscaped with mature trees.
shrubs, and groundcover. A ~-foot landscaped earthen berm shall be
erected and maintained within the setback along the above indicated
property line.
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I LLUMI NATION:
a. All lighting fixtures in the parking areas shall be directed away from
adjacent properties and the public right-of-way.
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MAY '84
SA fORM 8
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BERNARDINO
CliP 8~-17
CASE
AGENDA ITEM
HEARING DATE ':J/1.J/o)
PAGE T . - .J
STANDARD REQUIREMENTS
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MAY 84
MECHANICAL EQUIPMENT:
a. Air conditioning and vent ducts shall be directed away from any adja-
cent residential uses.
b. All mechanical equipment located on the roof shall be screened and
located away from adjoining residential uses. Screening design shall
be approved by the Planning Department.
Compliance with all recommendations of the Geology Report shall be required
(if applicable).
Grading and revegetation shall be staged as required by the City Engineer
in order to reduce the amount of bare soil exposed to precipitation.
During construction, the City Engineer may require a fence around all or a
portion of the periphery of the site to minimize wind and debris damage to
adjacent properties. The type of fencing shall be approved by the City
Engineer to assure adequate project site maintenance, clean-up and dust
control.
Within 75 feet of any single-family residential district, the maximum
height of any building shall not exceed one-story or 20 feet unless the
,Commission determines that due to unusual topographical or other features,
such restrictive height is not practical.
All utility lines shall be installed underground subject to exceptions
approved by the Planning Department and the City Engineer.
No Certificate of Occupancy shall be issued prior to compliance with these
Standard Requirements as well as all provisions of the San Bernardino
Municip,al Code.
S1 GNS:
All signs shall be in conformance with San Bernardino Municipal Code
Section 19.60. Three copies of a plot plan and elevation of the sign drawn
to scale shall be submitted to the Planning Department for review and
approval prior to issuance of the sign permit from the Building and Safety
Department.
a. Monument-type signs shall not be located within the required setback
for the zoning district in which the sign is located. The monument
sign shall be located a minimum of 5 feet from the property line. If
the monument si gn is located withi n the setback, it sh a 11 not exceed
an overall height of 3 feet.
b. All freestanding signs must have 8 feet of clearance between average
ground level and the bottom of the sign.
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