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Home My WebLink About09-23-2009 Planning Final Agenda John Coute, Vice-Chair Lance Durr (Alt) CITY OF SAN BERNARDINO James Eble 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 AGENDA REGULAR MEETING SEPTEMBER 23, 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 09/23/09 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. II. ADMINISTRATION OF OATH III.PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA (within the subject matter jurisdiction of the Planning Commission). Page 2 of 5 09/23/09 IV.CONSENT AGENDA V.AGENDA ITEMS PUBLIC HEARING ? NEW ITEMS 1.TENTATIVE TRACT MAP NO. 16794 (SUBDIVISION NO. 06-31) AND VARIANCE NO. 09-02 - A request to subdivide 18.45 acres into 44 single family residential lots with a minimum lot size of 10,882 square feet and a Variance to permit a retaining wall up to 26 feet in height. The project site is located on the west side of Palm Avenue, approximately 200 feet north of Verdemont Drive, in the RL, Residential Low land use district. Environmental Recommendation: Mitigated Negative Declaration Owner: Palm Avenue 45, LP Applicant: Borstein Enterprises APN: 0261-011-08, 13, 14 Ward: 5 Planner: Aron Liang RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission: 1.) Independently review, analyze, and exercise independent judgment in its consideration of the Initial Study and in making its determination; 2.)Adopt the Mitigated Negative Declaration (Attachment E) and Mitigation Monitoring/Reporting Program (Attachment F); and 3.)Approve Tentative Tract Map No. 16794 and Variance No. 09-02 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). 2. CONDITIONAL USE PERMIT NO. 06-06 (EXTENSION OF TIME NO. 09-05) ? A request for a 1-year extension of the previous Planning Commission approval of 76,009 square foot self-storage facility Conditional Use Permit No. 06-06 to construct a with an on-site manager apartment on approximately 3.57 acres of land located on the south side of Foothill Boulevard between Terrace Road and Parley Avenue in the CG- 1, Commercial General land use district. Environmental Determination: Exempt from CEQA, Section 15332 ? Infill Development Owner/Applicant: Ted Thacker APN: 0142-081-02 & 03 Ward: 3 Planner: Lori Brede RECOMMENDED MOTION: That the hearing be closed and that the Planning Page 3 of 5 09/23/09 Commission approve Extension of Time No. 09-05 to extend the approval of Conditional Use Permit No. 06-06 from December 18, 2009 to December 18, 2010, based on the previously adopted Findings of Fact and subject to the previously approved Conditions of Approval and Standard Requirements (Attachment B). 3. CONDITIONAL USE PERMIT NO. 06-26 (EXTENSION OF TIME NO. 09-09) ? A request for a 1-year extension of the previous Planning Commission approval of Conditional Use Permit No. 06-26 to construct two multi-tenant commercial buildings on approximately 2.79 acres located on the south side of Hospitality Lane adjacent to the Gage Canal in the CR-3, Commercial Regional?Tri-City/Club land use district. Environmental Determination: Certified Environmental Impact Report Owner/Applicant: Alexandra Holdings, LLC APN: 0281-361-22 & 23 Ward: 3 Planner: Aron Liang RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission approve Extension of Time No. 09-09 to extend the approval of Conditional Use Permit No. 06-26 from July 17, 2009 to July 17, 2010, based on the previously adopted Findings of Fact and subject to the previously approved Conditions of Approval and Standard Requirements (Attachment B) and revised Standard Requirements (Attachment C). 4. CONDITIONAL USE PERMIT NO. 06-39 (EXTENSION OF TIME NO. 09-07) ? A request for a 1-year extension of the previous Planning Commission approval of to construct two hotels on approximately 4.40 acres Conditional Use Permit No. 06-39 located on the south side of Hospitality Lane adjacent to the east side of the Gage Canal in the CR-3, Commercial Regional?Tri-City/Club land use district. Environmental Determination: Certified Environmental Impact Report Owner: SPP Motel Corp., IE Hospitality Hotels LLC Applicant: Hitesh Patel APN: 0281-361-24 & 25 Ward: 3 Planner: Aron Liang RECOMMENDED MOTION: That the hearing be closed and that the Planning Commission approve Extension of Time No. 09-07 to extend the approval of Conditional Use Permit No. 06-39 from July 17, 2009 to July 17, 2010, based on the previously adopted Findings of Fact and subject to the previously approved Conditions of Approval and Standard Requirements (Attachment B) and revised Standard Requirements (Attachment C). NON-PUBLIC HEARING ITEMS 5. PLANNING COMMISSION RULES OF ORDER AND PROCEDURE ? A Page 4 of 5 09/23/09 Resolution of the Planning Commission stating rules of order and procedure for Planning Commission meetings. VI.DIRECTOR?S REPORT VII.PLANNING COMMISSION REPORTS/ANNOUNCEMENTS VIII.ADJOURNMENT ? That the Planning Commission adjourn to the regular meeting Wednesday, October 28, 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 09/23/09