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HomeMy WebLinkAbout10-07-2008 Planning Commission Agenda John Coule. Vice-Chair Lance Durr (A/I) Frank Hawkins. III Larry Heasley Susan Longvil/e Jim Ivfu/vihi/l A. JayMllnoz George Rawls Mike Sauerbrun. 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 OCTOBER 7, 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. II . 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 of 5 10/07/08 \ 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 a!!enda 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. Page 2 of5 10107/08 \ II. ADMINISTRATION OF OATH III. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA (within the subject Inatter jurisdiction of the Planning Commission) IV. CONSENT AGENDA - Planning Commission meeting minutes of June 3, 2008, July 22, 2008 and August 5, 2008. V. AGENDA ITEMS PUBLIC HEARING - NEW ITEMS CARRIED OVER FROM SEPTEMBER 16. 2008 1. 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 corner of Kendall and Cambridge Drives in the CG-3, Commercial General land use district. Environmental Determination: Owner: Applicant: APN: Ward: Planner: Proposed Mitigated Negative Declaration University Campus, LLC GMID 0266- 7 51-14 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 MonitoringlReporting 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). PUBLIC HEARING - CONTINUED ITEMS 2. 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 corner of Waterman Avenue and Hospitality Lane in the CR-3, Commercial Regional land use district. Page 3 of5 10/07/08 .. 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 upon 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. PUBLIC HEARING - NEW ITEMS 3. CONDITIONAL USE PERMIT NO. 06-34 & VARIANCE NO. 08-04 - A request to construct and operate a 6-story, 128 room, 82,951 square foot hotel with a Type 47 (On- sale Beer, Wine & Spirits/Eating Place) ABC license over a 2-story 63,574 square foot parking garage, with a request for a Variance to reduce the Freeway Corridor building setback from 50 feet to 41 feet. The project site is approximately 1.62 acres located on the north side of Orange Show Road approximately 140 feet west of "E" Street, adjacent to the northbound 215 Freeway in the CG-l, Commercial General land use district. Environmental Determination: Owner/Applicant: APN: Ward: Planner: Proposed Mitigated Negative Declaration BLBT Enterprises, LLC 0136-522-10 & 11 3 John Oquendo RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission independently review, analyze, and exercise independent judgement 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 Conditional Use Permit No. 06-34 and Variance No. 08-04 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). Page 4 of5 10/07/08 4. CONDITIONAL USE PERMIT NO. 08-25- A request to establish and operate a K-12 charter school in an existing office building located at 1465 South D Street in the CG-l, Commercial General land use district. Environmental Determination: Exempt from CEQA, Section 15301 - Existing Facilities Harry and Hasmik Galaj ian ASA Charter School 0141-311-25 3 John Oquendo Owner: Applicant: APN: Ward: Planner: RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission deny Conditional Use Permit No. 08-25 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 21, 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 5 of5 10/07/08