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HomeMy WebLinkAbout09-16-2008 Planning Commission Agenda Jo/m Coule. Vice-Chair Lance Dllrr (AIr) Frank Hawkins. III Larrv Heasley Susan Longl'iIIe Jim Muh'ihill A. Jay MU/ioz George Rawls Mike Sallerbrun. Chair CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT 300 North "D" Street, San Bernardino, California 92418 Phone: 909.384.5057/5071 . Fax: 909.384.5080 PLANNING COMMISSION AGENDA REGULAR MEETING SEPTEMBER 16, 2008 7:00 P.M. COUNCIL CHAMBERS, CITY HALL The City of San Bernardino recognizes its obligations to provide equal access to public services to those individuals with disabilities. Please contact the Director of Facilities Management (909-384-5244) 48 hours prior to the meeting with any requests for reasonable accommodation, to include sign interpreters. . CALL TO ORDER . SALUTE TO THE FLAG I. CLOSED SESSION - Pursuant to Government Code Section(s): RECOMMENDED MOTION: That the Planning Commission recess to closed session for the following: A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1); (2); (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. Page 1 of6 09/16/08 END OF CLOSED SESSION RECONVENE MEETING Decisions of the Planning Commission are final concerning 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 Development 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 Development Services Department at, or prior to, the public hearing. Individual testimony on aeenda items will be strictlv limited to three (3) minutes per person. 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. Anyone in the audience wishing to speak must 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 forward and speak into the microphone, say and spell your name and give your address for the taped record. The applicant will present their case. Next, members of the public will be allowed three minutes to speak. Direct your presentation to the Planning Commission. Questions and concerns will be noted. After all have spoken, the applicant will be allowed to summarize. The public hearing will then be closed and the Planning Commission will begin deliberations and make a decision. The Planning Commission is anxious to hear the concerns and view 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. II. ADMINISTRATION OF OATH III. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA (within the subject Inatter jurisdiction of the Planning Commission) Page 2 of6 09/16/08 IV. CONSENT AGENDA - Planning Commission meeting minutes of June 3, 2008, July 8, 2008 and July 22, 2008. V. AGENDA ITEMS PUBLIC HEARING - CONTINUED ITEMS 1. CONDITIONAL USE PERMIT NO. 07-25 - A request to construct a 1,893 square- foot drive-thru restaurant and a 3,440 square-foot retail building on a 29,537 square-foot parcel located on the east side of W aterman Avenue between 29th Street and Country Club Lane in the CG-l, Commercial General land use district. (Carried over from September 3, 2008). Environmental Determination: Owner: Applicant: APN: Ward: Planner: Exempt from CEQA, Section 15332 - In-Fill Development Segal Family Partnership Citicom Development 0150-073-21 7 Brian Foote RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission approve Conditional Use Permit No. 07-25 based on the Findings of Fact contained in the April 22, 2008 Staff Report, and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D) as revised. PUBLIC HEARING - NEW ITEMS 2. TENTATIVE TRACT MAP NO. 17396 (EXTENSION OF TIME NO. 08-08) - A request for a one-year extension of time from June 13, 2008, to June 13, 2009 for Tentative Tract Map No. 17396 to subdivide 4.64 acres into 14 residential lots with a minimum lot size of 10,800 square-feet. The project site is located 300 feet south and east of the southeast comer of Belmont and Olive Avenues in the RL, Residential Low Land Use District. (Carried over from September 3,2008). Environmental Determination: Owner/Applicant: APN: Ward: Planner: Previous Mitigated Negative Declaration Delgado Contractors, Inc. 0261-152-08 5 Brian Foote RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission approve Extension of Time No. 08-08 for the previous approval of Tentative Tract Map No. 17396, based on the previously adopted Findings of Fact and Mitigated Negative Declaration, and subject to the previously approved Conditions of Approval and Standard Requirements (Attachment C). Page 3 of6 09/16/08 3. TENTATIVE TRACT MAP NO. 17218 & DEVELOPMENT PERMIT TYPE III NO. 05-06 (EXTENSION OF TIME NO. 07-12) - A request for a one-year extension of time from November 22, 2007, to November 22, 2008, for the approval to subdivide 2.2 acres into 8 residential lots and to construct 8 single-family detached houses. The project site is located at the northwest comer of Meridian Avenue and Mill Street in the RS, Residential Suburban Land Use District. Environmental Determination: Exempt from CEQA, Section 15332 - In-Fill Development Proj ects The Moret Group, Francisco & Carmen Granadeno 0142-511-22 3 Brian Foote Owners/Applicant: APN: Ward: Planner: RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission approve Extension of Time No. 07-12 for the previous approval of Tentative Tract Map No. 17218 and Development Permit Type III No. 05-06, based on the previously adopted Findings of Fact, and subject to the previously approved Conditions of Approval and Standard Requirements (Attachment C) and additional Public Works Division standard requirements (Attachment D). (Carried over from September 3, 2008). 4. CONDITIONAL USE PERMIT NO. 08-24 - A request to construct a 685 square-foot addition to an existing drive-through restaurant located at 4424 North University Parkway. The project site is located in an existing shopping center on the west side of University Parkway, approximately 750 feet north of Varsity Avenue, in the CG-l, Commercial General Land Use District. Environmental Determination: Exempt from CEQA, Section 15301 - Existing Facilities Carl Karcher Ent. DBA Carl's Jr. Restaurants John W. Murray 0266-591-13 5 John Oquendo Owner: Applicant: APN: Ward: Planner: RECOMMENDED MOTION: That the Planning Commission continue Conditional Use Permit No. 08-24 to October 21, 2008. (Carried over from September 3, 2008). 5. CONDITIONAL USE PERMIT NO. 07-30 - A request to convert existing auto service bays and construct a 1,531 square-foot addition to provide a convenience market and automated car wash at an existing gas station, with a request for a Type 20 ABC license for beer and wine sales. The project site is located at the southwest comer of Waterman Avenue and Hospitality Lane in the CR-3, Commercial Regional land use district. Page 4 of6 09/16/08 Environmental Determination: Owner/Applicant: APN: Ward: Planner: Exempt from CEQA, Section 15301 - Existing Facilities Raffat R. Luga 0141-402-07 3 Brian Foote RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission: 1) Approve Conditional Use Permit No. 07-30, based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D); and 2) Recommend that the Mayor & Common Council determine that the Public Convenience or Necessity would be served by approval of a Type 20 ABC license for the site. 6. CONDITIONAL USE PERMIT NO. 08-09 - A request to construct a 75-foot high monopine telecommunication tower with accessory equipment at an existing church site located on the east side of "G" Street, approximately 160 feet north of 29th Street in the RS, Residential Suburban land use district. Environmental Determination: Owner: Applicant: APN: Ward: Planner: Exempt from CEQA, Section 15303 - New Construction of Small Structures Faith Bible Church of San Bernardino Royal Street Communications 0149-032-24, 61, 62, 63. 7 John Oquendo RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission approve Conditional Use Permit No. 08-09 based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). 7. TENTATIVE PARCEL MAP NO. 18164 (SUBDIVISION NO. 07-02)" CONDITIONAL USE PERMIT NO. 04-26 AND VARIANCE NO. 07-01- A request to subdivide approximately 21.4 acres into two parcels of 4.45 acres and 2.4 acres and a remainder parcel and to construct a 14,975 square foot multi-tenant retail building with a variance to permit a retaining wall up to 21 feet in height. The project site is located at the northeast comer of Kendall and Cambridge Drives in the CG-3, Commercial General land use district. Environmental Recommendation: Owner: Applicant: APN: Proposed Mitigated Negative Declaration University Campus, LLC GMID 0266-751-14 Page 5 of6 09/16/08 Ward: Planner: 5 Aron Liang RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission independently review, analyze and exercise independent judgment in its consideration of the Initial Study and in making its determination, and that the Planning Commission: 1) Adopt the Mitigated Negative Declaration (Attachment E) and Mitigation Monitoring/Reporting Program (Attachment F); and 2) Approve Tentative Parcel Map No. 18164, Conditional Use Permit No. 04-26 and Variance No. 07-01 based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). 8. CONDITIONAL USE PERMIT NO. 08-21- A request to convert an existing 6,747 square foot church building into a 56-bed homeless shelter with related support facilities and office space. The project site is located at 840 North Sierra Way, in the RM, Residential Medium Land use district. Environmental Determination: Exempt from CEQA, Section 15301 - Existing Facilities Faith Temple Apostolic Ministries Human Potential Consultants, LLC 0140-222-12 and 13 1 Aron Liang Owner: Applicant: APN: Ward: Planner: RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission deny Conditional Use Permit No. 08-21 based on the findings of fact contained in the staff report. VI. DIRECTOR'S REPORT VII. PLANNING COMMISSION REPORTS/ANNOUNCEMENTS VIII. ADJOURNMENT - That the Planning Commission adjourn to the next regular meeting scheduled for Tuesday, October 7, 2008, at 7:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San Bernardino, California. Any writings or documents provided to a majority of the Planning Commission regarding any item on the agenda will be made available for public inspection at the Planning Division Counter on the 3rd Floor of City Hall located at 300 N. "D" Street and at the Feldheym Central Library located at 555 W. 6th Street, during normal business hours. Page 6 of6 09/16/08