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Home My WebLink About08-26-2009 Planning Final Agenda John Coute, Vice-Chair Lance Durr (Alt) CITY OF SAN BERNARDINO Frank Hawkins, III Larry Heasley Susan Longville DEVELOPMENT SERVICES DEPARTMENT Jim Mulvihill 300 North ?D? Street, San Bernardino, California 92418 A. Jay Muñoz George Rawls ? Phone: 909.384.5057/5071 Fax: 909.384.5080 Mike Sauerbrun, Chair PLANNING COMMISSION ACTION AGENDA REGULAR MEETING AUGUST 26, 2009 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 Page 1 of 5 08/26/09 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 Common Council. Appeals to the Mayor and Common 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 agenda items will be strictly 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 of 5 08/26/09 II. ADMINISTRATION OF OATH III.PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA (within the subject matter jurisdiction of the Planning Commission. IV.CONSENT AGENDA ? Planning Commission meeting minutes for June 24, 2009 and July 29, 2009. V.AGENDA ITEMS PUBLIC HEARING ? NEW ITEMS 1. CONDITIONAL USE PERMIT NO. 09-10 - A request to renovate and expand an existing 22,800 square foot building to accommodate the Casa Ramona Academy, a K-12 charter school, and ancillary administrative and social services. The proposed renovation includes preservation and seismic reinforcement of the existing building façade and demolition and reconstruction of the side and rear wings of the building in a compatible architectural style with 2-story elements, resulting in a total floor area of 37,547 square feet. The project also includes improvements to the existing parking th area and grounds of the 2.9-acre site located at 1524 West 7 Street in the CO, Commercial Office land use district. Environmental Recommendation: Addendum to Certified Environmental Impact Report (EIR) Owner/Applicant: Casa Ramona, Inc. APN: 0139-273-27 Ward: 1 Planner: Terri Rahhal RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission: 1)Adopt the Addendum to the Certified Environmental Impact Report (Attachment F) and the updated Mitigation Monitoring/Reporting Program (Attachment G); and 2)Approve Conditional Use Permit No. 09-10 based on the Findings of Fact in the Staff Report, and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). 2. CONDITIONAL USE PERMIT NO. 09-11 ? A request to demolish an existing 560 square foot shade structure and construct a 1,234 square foot restaurant in an existing commercial center with a gas station, mini-mart and drive-thru coffee shop on 1.2 acres located at the southwest corner of Palm Avenue and Little League Drive in the CG-1, Commercial General land use district. Page 3 of 5 08/26/09 Environmental Recommendation: Exempt from CEQA, Section 15332 ? Infill Development Owner: Mike Sater Applicant: AGC Design Concept, Inc. APN: 0261-182-36 Ward: 5 Planner: Lori Brede RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission approve Conditional Use Permit No. 09-11 based on the Findings of Fact in the Staff Report, and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). APPROVED 3. CONDITIONAL USE PERMIT NO. 05-30 (EXTENSION OF TIME NO. 09-04) ? A request for a 1-year extension of the previous Planning Commission approval of Conditional Use Permit No. 05-30 to construct a multi-tenant retail shopping center totaling 131,652 square feet on 13.85 acres located between Kendall Drive and Interstate 215, approximately 1,000 feet south of Palm Avenue, in the CG-1, Commercial General land use district. Environmental Determination: Previous Mitigated Negative Declaration Owner: Rene Jacober Applicant: Suresh Doddiah, S.D. Engineering & Associates : APN 0266-031-14 & 0266-041-01 Ward: 5 Planner: Aron Liang RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission approve Extension of Time No. 09-04 to extend the approval of Conditional Use Permit No. 05-30 from July 3, 2009 to July 3, 2010, based on the previously adopted Findings of Fact and subject to the previously approved Conditions of Approval and Standard Requirements (Attachment B). APPROVED 4. DEVELOPMENT CODE AMENDMENT NO. 09-02 ? A proposal to amend the provisions of the Emergency Shelter (ES) Overlay District, as provided in Chapter 19.10-E of the Development Code, and Table 08.01, Industrial Districts List of Permitted Uses in Section 19.08.020 of the Development Code. Environmental Determination: Not Subject to CEQA, Section 15061(b)(3) Applicant: City Initiated Ward: Citywide Page 4 of 5 08/26/09 APPLICATION WITHDRAWN NON-PUBLIC HEARING ITEMS 5. PLANNING COMMISSION RULES OF ORDER AND PROCEDURE ? A Resolution of the Planning Commission stating rules of order and procedure for Planning Commission meetings. RECOMMENDATION: Adopt Resolution CONTINUED TO SEPTEMBER 23, 2009 VI.ELECTION OF OFFICERS VII.DIRECTOR?S REPORT VIII.PLANNING COMMISSION REPORTS/ANNOUNCEMENTS IX.ADJOURNMENT ? That the Planning Commission adjourn to the regular meeting Wednesday, September 23, 2009, at 7:00 p.m scheduled for . 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 rd Counter on the 3 Floor of City Hall located at 300 N. ?D? Street and at the Feldheym th Central Library located at 555 W. 6 Street, during normal business hours. Page 5 of 5 08/26/09