HomeMy WebLinkAbout12- Development Services CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From: Michael E. Hays Subject: An appeal of a 90-day extension of time for
Conditional Use Permit No. 97-17 & Variance No.
97-10A & B - A proposal to permit an impound
Dept: Development Servic s vehicle storage yard and establish reduced side yard
RIGINAL setbacks. The site is located at 206 S. "D° Street in
the IL, Industrial Light land use district.
Date: January 21, 1999 MCC Date: February 1, 1999
Synopsis of Previous Council Action: None JAN 21 7999
Recommended Motion: That the Mayor and Common Council close the public hearing; deny the appeal; and
uphold the Planning Commission's decision to approve a 90 day extension of time for Conditional Use Permit
No. 97-17 and Variance No. 97-10A &B, based on the Findings of Fact, subject to the Conditions of Approval
and Standard Requirements.
A
Michael E. HJlys
Contact person: Michael E. Hays Phone: 384-5357
Supporting data attached: Staff Report Ward(s): 3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. i-
a11191
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF A 90 DAY
EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 97-17 AND VARIANCE
NO. 97-IOA& B
Mayor and Common Council meeting of February 1, 1999
OWNER: APPELLANT:
Michael& Brenda Allen John Jensen
206 South"D" Street Western Door
San Bernardino, CA 92401 444 Athol Street
(909)825-8545 San Bernardino, CA 92401
(909)889-6066
REQUEST/LOCATION: The appellant is appealing a 90 day extension of time granted by the
Planning Commission for the above referenced project at its November 17, 1998 meeting. The
applicants had requested the Extension of Time to complete the construction of the Phase I
buildings and necessary improvements as required by the Conditions of Approval and Standard
Requirements. The site is located at the southwest corner of Athol Street and "D" Street and is
generally known as 206 South"D" Street.
BACKGROUND: The Planning Commission originally approved CUP 97-17 and VAR 97-10
on October 21, 1997. The project was to permit an impound vehicle storage yard and to establish
a zero foot south side yard setback and a 5 foot north side yard setback. The project is divided
into two phases: Phase I includes construction of two storage buildings and necessary on-site
improvements along the Athol Street frontage and Phase II includes construction of a third
building with necessary on-site improvements adjacent to the southern property line.
ISSUES:
The appellant, John Jensen, has provided a 9 item list of his specific grounds for appeal (Exhibit
2). The issues (paraphrased) and staff s responses are listed below:
Appeal Item 1: That the Planning Commission went against Staffs recommendation in
granting Variance No. 97-1 OB and as such,the Allens were granted a special privilege.
Response: Staff in its report, provides its professional recommendations, but the Planning
Commission does not have to follow said recommendations. Staff believes that the Planning
Commission did not grant a special privilege and that appropriate Findings of Fact were made.
Appeal Item 2: Completion of Phase I was to be completed by October 21, 1998 and there was
no provision for granting an extension of time until Phase II.
Response: There was no restriction as to when an extension of time could be applied for. A
single extension of time, up to 1 year in length, may be granted by the Planning Commission for
an approved conditional use permit per the Development Code. The single, 90 day extension of
time granted by the Planning Commission is the only extension of time that can be granted on
this project.
Appeal Item 3: Non-compliance with Conditions of Approval #6 & #7 at the time of the
granting of the extension.
Response: The extension of time allows an additional 90 days for the applicant to comply with
all the conditions of approval and standard requirements that are mandated by project approval.
Appeal Item 4: There is no practical way to enforce #6 which will lead to further complaints
and devaluing of the appellant's property.
Response: Compliance with Condition of Approval #6 does assume a good faith effort on the
part of the applicants. Staff cannot predict that further complaints and devaluation of surrounding
properties will result from this condition.
Appeal Item 5: The Allen's long history of non-compliance should have caused the City to put
in place high penalties to insure compliance.
Response: There is no assurance that high penalties will insure compliance.
Appeal Item 6: The City's lack of enforcement of code violations and agreements has caused
devaluation of the appellant's business property.
Response: Staff does not have the expertise to speculate on the devaluation of the appellant's
property.
Appeal Item 7: The City's lack of enforcement of code violations and agreements has caused
problems with marketing appellant's business property.
Response: Staff does not have the expertise to speculate on the marketability of the appellant's
property.
Appeal Item 8: The project as approved by Planning Staff and the Planning Commission
creates an over-intensification of the property. There are not adequate provisions on site for
parking and loading.
Response: All requirements of the Development Code, except those specifically identified
under the approved variances,have been met.
Appeal Item 9: The Allen's future plans to create a multi-tenant center have not been taken into
account and that over-intensification of the site will create a public nuisance.
Response: Condition of Approval #15 requires that a conditional use permit be approved prior
to leasing or establishing any other businesses in the proposed buildings. All Development Code
requirements (parking, loading, etc.) pertaining to use of the site for multiple businesses will be
evaluated through that process.
PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted 6 to
0 (Baeza, Durr, Hendrix, Lockett, Suarez & Thrasher) to recommend approval of a 90-day
extension of time from October 21, 1998 to January 21, 1999, for Conditional Use Permit No.
97-17 and Variance No. 97-10 based upon the Findings of Fact, subject to the Conditions of
Approval and Standard Requirements in the November 17, 1998 staff report(Exhibit 3).
RECOMMENDATION: Staff recommends that the Mayor and Common Council deny the
appeal and approve the 90-day extension of time for Conditional Use Permit No. 97-17 and
Variance No. 97-10 based upon the Findings of Fact, subject to the Conditions of Approval and
Standard Requirements in the November 17, 1998 staff report
Prepared by: Margaret Park AICP, Senior Planner
For: Michael Hays, Director of Development Services
Exhibits: 1 - Location Map
2—Application for Appeal
3 —Statement of Official Planning Commission Action
Attachments:
A. November 17, 1998 Staff Report
B. October 21, 1997 Staff Report
CITY OF SAN BER LINO EXHIBIT 1
GENERAL PLAN LAND USE DESIGNATION Adopted 6-2-89
Date /-2l -97
°anei No.
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i EXHIBIT 2
CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES DEPARTMENT
300 North D'Street, 3rd Floor, San Bernardim, CA 92418
Phone (909)384-5057 Fat (37109)384-50910
APPLICATION FOR APPEAL
OF A DIRECTOR DETERMINATION, DEVELOPMENT/ENVIRONMENTAL REVIEW
COMMITTEE DETERMINATION OR PLANNING COMMISSION DETERMINATION
Appellant's Name, Address & c_l 0 / ki // 4 - —.1 e V% s e rl
Phone YVI A-I'ho ( Sfeee�'
,54A) .8aw, RcQ;nv, CA . %Z`401
Contact Person, Address & SAirle AS 26ow-
Phone
6066
Pursuant to Section 19.52.100 of the Development (Municipal) Code, all appeal must be filed on a
City application form within 15 days following the final date of action, accompanied by the
appropriate fee.
Appeals are normally scheduled for a determination by the Planning Commission or Mayor and
Common Council within 30 days of the filing date of the appeal. You will be notified, in writing,
of the specific date and time.
Date Appeal Filed 2 L `t 9 Received by 1M F P -
--Receipt No. 19005109 Receipt Amount Zg,
D [IMEDWIE
UDC - 21998
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
DEPARTMENT
Appeal Application
Page 2
The following information must be completed:
Specific action being appealed and date of that action
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Specific grounds for the appeal
AtIAr-[zmevt A 6 F G
Action sought
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Additional information
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S' re of Appell4nt Date
December 1, 1998
ATTACHMENT "A"
Re: Appeal of CUP 97-17 & Variance 97-10A & B (Aliens)
Specific grounds for the appeal:
1. Planning Commission went against Planning Staffs "Findings of Fact" dated October 7, 1997
in granting Variance 97-10B. Allen's were granted "Special Privileges'.
2. Completion of Phase I was to be completed by October 21, 1998 and there was NO
provision for granting of time extensions until Phase 11. Planning Commission voted to
extend time extension for Phase 1.
3. Non-compliance of"Conditions of Approval" #6 and #7 at time of granting extension.
4. There is NO practical way code enforcement can enforce #6, which will lead to further
complaints and devaluing of appellant's property located at 444 Athol Street.
5. Allen's long history of non-compliance and delays should have caused City of San
Bernardino to put in place, high penalties to insure compliance by Allens.
6. City of San Bernardino's lack of enforcing code violations and agreements by Allen's has
caused devaluation of appellant's business property located at 444 Athol Street.
7. City of San Bernardino's lack of enforcing code violations and agreements by Allen's has
caused problems with marketing appellants business property at 444 Athol Street.
8. Project as submitted and approved by Planning Staff and Commission creates an "Over-
intensification" usage of property. No provisions are in place for on-site loading and
unloading zones to stop usage of public streets for business operation. On-site employee
parking and circulation zones are inadequate and will promote usage of city streets. Allen's
long history is to store repossessed vehicles in every available space, even if designated for
employee parking.
9. Allen's have said at Planning Commission meetings that their future plans for this project is
to create a multi-tenant park. The Allen's currently display four (4) individual addresses on
existing buildings, with plans for at least two (2) more individual addresses for this project.
On-site parking, ADA requirements and other codes for future multi-tenant usage have not
been taken into account. Six (6) separate businesses at this location will create a public
nuisance, over-intensification usage of property and special privilege.
Action sought:
1. Deny granting of extension and revoke CUP 97-17 and Variance 97-10A & B.
2. Fine for non-compliance or force immediate compliance of "Conditions of Approval" #6 & #7.
3. Do not allow any outdoor storage of repossessed vehicles or goods. This will eliminate the
problem with enforcing Condition #6 and #7.
4. Issue a "Stop Work Order" and require Allen's to obtain a Performance Bond, (Not a Letter of
Credit) with substantial monetary penalties, before they can resume construction.
5. Review multi-tenant project code requirements and enforce changes for compliance.
6. Take strong action to "Put the Word Out" to the business community that non-compliance of
codes and continued creation of blight will not be tolerated. It is time to take a stand in this
action and begin the process to rebuild this once beautiful and proud city.
e�RNARD�'y0
C I T Y O F
an bernardino
ND£D IN
R A C H E L C L A R K
C I T Y C L E R K
rw
November 17, 1998
Mr. John Jensen
444 Athol Street
. San Bernardino, CA 92401
Dear Mr. Jensen:
At the meeting of the Mayor and Common Council held on November 16,
1998, the following action was taken regarding your appeal of the
Planning Commission' s approval of Conditional Use Permit No. 98-06
and Variance No. 98-02, relative to property located at 197 South
"D" Street :
"That the Mayor and Council deny the appeal and uphold
the Planning Commission' s approval of Conditional Use
Permit No. 98-06, to establish an outdoor vehicle impound
yard and storage facility in an existing '11, 500 square
foot manufacturing building based on the Findings of Fact
and subject to the Conditions of Approval (Attachment D)
and Standard Requirements (Attachment E) of the Planning
Commission' s Staff Report dated July 7, 1998; that
Variance No. 98-02, to reduce the 10-foot front and
street side setbacks to five (5) feet and four (4) feet
respectively, and the 10-foot interior side and rear
setbacks based on the Findings of Fact and subject to the
Conditions of Approval (Attachment D) and Standard
Requirements (Attachment E) of the Planning Commission' s
Staff Report dated July 7, 1998, be approved; and that
the following variance requests, based on the Findings of
Fact, be denied: 1) to reduce the front setback to
accommodate the establishment of an outdoor vehicle
impound yard; and 2) to increase the maximum fence and
wall heights from six (6) to eight (8) feet along the "D"
and Athol Street frontages. "
P . 0. 0 Ox 1 9 1 5 . SA N B E N N A 0 D I N 0 . CA 9 9 9 0 9
0 0 0 NO R T H H ST R E E T S A N D E R N A R D I N O .
C A L I F 0 RN I A 9 2 4 1 0 - 0 0 0 1 ( 9 0 9 ) 5 9 4 - 5 0 0 2
(f 0 9) O A A . 5 1 02 F A R - ( 9 0 9 ) 0 9 9 .5 1 0 9
T D 0,T T Y -(9 0 0 ) 0 9 9 -5 5 40
Mr. John Jensen
Page 2
November 17, 1998
If we can be of further assistance, please do not hesitate to
contact this office.
Sincerely,
Rach l G. Clark
City Clerk
cc : Michael Hays, Director of Development Services
Brenda & Michael Allen, Applicant/Property Owner
E
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 10-21-97
Page 13
ATTACHMENT E
CONDITIONS OF APPROVAL
Conditional Use Permit No. 97-17 & Variance No. 97-10A
1 Within two years of development approval, construction on improvements shall have been
completed or the permit approval shall become null and void. th , then the permit/approval shall
of construction, work is discontinued for a period of 6 months,
become null and void. Phasing of project construction/development shall be as follows:
Variance No. 97-10A
Project: Conditional Use Permit No. 97-17 &
Phase I: Within 4 months of development approval, building permits shall have been pulled or
the permit/approval shall become null and void. Wt 12 months of development approval al
permits) prior to issuance of
buildings in Phase I shall be coin lel,be or the�installed(with appropriate v shall become null and void All
required landscaping and fencing
any Certificate of Occupancy. shall be installed
f-r If Phase I buildings are not constructed, all required landscaping and fencing
W within 4 months of development approval.
Landscaping within required setbacks shall be consistent with Development Code Section e by the
A O a ue Screen, Type Al. If either o U n of Pha
19.28.040(3)( A P 4
expiration date, CUP 97-17 & VAR 97-10 shall become null and voi pulled or
4 months of completion of Phase 1, building permits shall have been
royal shall become null and void. Within 12 months of completion of Phase I, all
Ph m Within
the permit/app completed or the permit/approval shall become null and void.
buildings in Phase II shall be comp shall be installed
If Phase II buildings are not constructed, all required landscaping and fencing
within 4 months of completion of Phase I. th
Landscaping
within required setbacks Ashalf eitherooptiontof Phasee Reis note completedsbytlthe
19.28.040(3)(A)[Opaque Screen, TYP )
shall become null and void.
expiration date, CUP 97-17 & VAR 97-10 cation date and
ma upon application being filed 30 days prior to the expiration
The review authority shy
2. The review authority Y• P P revisions.
for ood cause rant a one time e t
ensure that the project complies with all current Development Code p
C.. 3. Upon approval of CUP No. 97-17 and VAR No. 97-10, CDP 866 shall become null and void.
,I
�I
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 10-21-97
Page 14
3 In the event that this approval is legally challenged, the City will promptly notify the applicant
and hold harmless the City, its officers, agents and
of any claim or action and will cooperate fully in the defense of the Of an Becrnarduioied,Tke r.
applicant agrees to defend, indemnify• and hold
against the City
employees from any claim, action or p costs and attorneys' fees which the City may
applicant further agrees to reimburse the City of any but such participation shall not relieve
be required by a court to pay as a result of such action,
applicant of his or her obligation under this condition. Commission, said
4. If a revised site plan is required as a condition of approval by the Planning
Planning Staff no later than two weeks from the
roved prior to issuance of building permits.
revised site plan shall be submitted to City
approval date and must be reviewed and app prior to plan check
5 A Pre-Application meeting with appropriate City Staff shall be required p
submittal for each phase.
eration of the existing auto/collateral prop of
is to be used for the TEMPORARY STORAGE
6. This Conditional Use Permit is for the continue op
he icle
property
repossessed motor vehicles. Any motor veh , other that those used in the transaction o
repossession business. T
all ossible.
business, shall be "tamed over" as soon as is leg'ally P the Department of Motor
required to be licensed by p shall f stored
�\ Only vehicles, vessels or other property azd and outside
Vehicles or a related agency, may be stored outside. All other collateral property
(as described above)
within an enclosed building. The facility is not to be used as a dismantling Y
storage shall be limited to repossessed vehicles, vessels and other property
in the process of being liquidated.
g. Within 14 days of development approval, the telephone ringer shall be disconnected from the
intercom system. fence, wall,with any
electrified fence or razor wire by any lconjunction w lati n of the City, the
q. The use of barbed wire, aired by Y
roof, hedge, or by itself is prohibited unless required
thereof.
State of California, Federal Government, or agency line) in conjunction with
is ermitted at the setback (not on the property fencing shall be
10. Chainlink fencing P
required landscaping along Stoddard Street and Athol Street.
A The e case file).
installed as shown on Planning Commission Heazing
chainlink fencing and chainlink gates on the property adjacent to the sidewalk on
on Stoddard
11. The existing on the completion
resent location until the completion of Phase I• Up
Athol Street and the sidewalk on Stoddard Street north of the driveway approach
Street may remain at the P ate shall be removed since it will be replaced with the
` of Phase 1, that existing fencing g and wrought iron gate(s)-
appropriate building(s), block wall(s), wrought iron fencing
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 10-21-97
Page 15
The existing chainlink fencing and chainlink gate adjacent to the sidewalk on Stoddard Street and
the south property line of the development may remain at the present location until the completion shall
be removed since
of Phase II. Upon the completion of Phase II, that existing fenrng/ ter n fencing and wrought
it will be replaced with the appropriate building, block wall(s), wrought
iron gate.
12. Construction shall be in substantial conformance with the plan(s) approved by the Director,
Development Review Committee, Planning Commission or Mayor and Common Council. Minor
modification to the plan(s) shall be subject to approval by the Director through a moor
modification permit process. Any modification which exceeds 10% of the following allowable
measurable design/site considerations shall require the refiling of the original application and a
subsequent hearing by the appropriate hearing review authority if applicable:
a. On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
C.
materials that do not altercorrcompromisenthe previously approved theme;land of finished
d. A reduction in density or intensity of a development project.
13. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no
change of use of land or structure(s) shall be inaugurated, or no new business commenced as
authorized by this permit until a Certificate of Occupancy has been issued by the Department.
A temporary Certificate of Occupancy may be issued by the Department subject to the conditions
imposed on the use, provided that a deposit is filed e deposit t the ore security shall guarantee the prior
to the issuance of the Certificate, if necessary. P ocurity standards imposed it the
performance and completion of all terms, conditions and performance
intended use by this permit.
14. This permit or approval is subject to all the applicable provisions of the Development Code in
effect at the time of approval. This includes Chapter 19.20 - Property Development Standards,
and includes: dust and dirt control during construction and grading activities; emission control design
of fumes, vapors, gases and other forms of air pollution; glare street paroking and off-street�loading;
and control; noise control; odor control; screening; signs, parking
and, vibration control. Screening and sign regulations compliance are important considerations
to the developer because
exterior structural equipment, of a
Occupancy until
boxes, ducts o meter
complied with. Any
cabinets shall be architecturally screened
hen on the ground�rcmral element, blending with the building
design and include landscaping
eF'RNARD�'y0
C I T Y O F
p T
an Bernardino
�NaED tN,s�
DEPARTMENT OF PLANNING AND BUILDING SERVICES
M I C H A E L E . H A Y S
D I R E C TO R
December 17, 1996
Mr. Michael P. Allen
P. 0. Box 5411
San Bernardino, CA 92412
RE: Conditional Development Permit (CDP) 866
208 S. I'D" Street
APN 136-132-01, 25
Dear Mr. Allen:
It has come to the attention of the City through a citizen
complaint, that the operation of your business for the temporary
storage of repossessed vehicles is not in compliance with several
of the conditions of approval of CDP 866 . It is necessary to
comply with all conditions of approval to prevent the possible
revocation of the CDP by the Planning Commission. Revocation would
result in the loss of your land use entitlement to operate your
business at this site.
The following is a list of the specific conditions with which the
business is not in compliance. The original conditions of approval
are attached for your reference.
"2 . Final plan shall be in general compliance with the plot plan
as submitted with the following exception:
Fencing along both Stoddard Avenue and Athol Street shall be
in accord with Ordinance 1991 requirements . "
Those requirements are that the fence may be up to 8' in height .
If the height is 8' , there shall be a 6' , landscaped setback area
on street fronts .
The approved plot plan shows this required setback landscaped area,
however, none exists on-site. In addition, the "compound yard"
shown on the approved plot plan has 72 striped, 91x19' parking
stalls, 30' drive aisles, approximately 600 square feet of
landscaping in 5 areas, and a refuse enclosure at the southeast
corner of the yard.
0 0 0 N O R T H O ' S T R E E T , S A N B E R N A R D I N O ,
CALIFORNIA 9 2115 0001 (909) 191 .50711SO57- F A A (009( 151 .S050
Mr. Allen
December 17, 1996
page 2
Site reviews on December 10 and 17, 1996 confirmed that these
requirements of the plot plan have not been met and/or maintained.
116 . Landscaping shall be installed as shown including the six foot
setback area along Athol Street and Stoddard Avenue if the
fence is setback and erected to eight feet . Irrigation shall
also be installed to insure proper landscape maintenance .
Owner and/or operator shall be responsible for continuous
landscape maintenance. "
The fence is erected to the height of 8' , however, it appears to be
located on the property line. There is no landscaping or
irrigation.
118 . Refuse pickup area shall be screened from public view with a
six foot screen wall . Enclosure and location of trash area
shall be subject to the approval of the Refuse
Superintendent . "
It was impossible to observe the refuse enclosure (if one exists)
due to the junked and abandoned cars and trucks located in the
compound yard.
1110 . The parking areas shall be covered with 2" AC or equivalent .
Parking spaces shall be striped including the area designated
"compound yard" . "
Again, due to the overcrowded compound yard, it is not certain
whether or not the yard meets this requirement . It is estimated
that there are approximately 150 cars and trucks stored in the
yard. This is more than twice the number authorized (72 spaces) .
Most of the cars appear to have been there for several years,
(license tags observed expired as far back as 1982) . This long
term storage is contrary to the "temporary" storage authorized by
the CDP.
"11. No outdoor storage of material or articles shall be
permitted. "
It is noted that a variety of these materials are scattered about
the yard. There are stacks of old tires, a junked storage shed. a
jacuzzi, and other assorted items visible from the streets .
"12 . Hedges, shrubs and trees shall be in accord with Ordinance
1885 . "
There were no visible hedges or trees in the compound yard, other
than 3 junipers . Again, this is not in compliance with the
approved plot plan.
Mr. Allen
December 17, 1996
page 3
"15 . Use shall be for that as stipulated by applicant in his
application, an impound and storage facility for bank
repossessions . "
The application statement (copy attached) , states that "The
property is to be used for TEMPORARY STORAGE of repossessed motor
vehicles. . . . it is necessary to secure the units within a
protected compound until . . . a decision is reached in regards to
. . . disposition. This is usually accomplished within A FEW DAYS
" (this emphasis added) . It is further stated that "ALSO, after
the property is developed, the area will be maintained in a clean
and organized manner. "
The site visit clearly showed that vehicles have been there for a
number of years, and that there is nothing clean or orderly about
the site.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE UNTIL JANUARY 21, 1997 TO
BRING THE BUSINESS INTO COMPLIANCE WITH THE ORIGINAL CONDITIONS OF
APPROVAL. FAILURE TO DO SO WILL RESULT IN THE INITIATION OF THE
REVOCATION PROCESS.
Compliance includes, but is not limited to, removal of all vehicles
and articles other than those vehicles that are in the temporary
transition of repossession.
This letter is sent as an attempt to notify you of the present
issues of non compliance with CDP 866 . Any proceeding to consider
the revocation of CDP 866 must be held by the Planning Commission
at a hearing to revoke or modify CDP 866 as required by the City' s
Development Code.
Should you have questions regarding this letter, please contact
Sandra Paulsen of this Department at (909) 384-5057.
W. Ha
Director, Planning and Building Services
CC: Mayor Tom Minor
Fred Wilson, Acting City Administrator
Tim Sabo, Sabo and Green
Joe Lease, Inspection Services Supervisor
Mark Farrell, Code Compliance Operations Supervisor
Files : CDP 866 and 208 South "D" Street
CITY OF SAN BERNARDINO
Department of Planning and Building Services
Memorandum
TO: Tim Sabo, Sabo and Green
FROM: Margaret Park, Associate Planner
RE: Chronology of events on Michael Allen project
DATE: May 7, 1997 ��� )1
COPIES: Mike Hays, Director 4— - '
Valerie Ross, Principal Planner
208 S. "D" File
This chronology is based on information in the high density file for 208 South "D" Street and
the file for CDP #866.
1/6/78 Letter re: Minor Variance
2/2/78* Letter re: description of CDP project
2/13/78 Minor Variance application date
3/1/78 Initial Study checklist prepared, Negative Declaration recommended
3/18/78 Letter of objection from Frisone
3/20/78 Letter of objection from Pollock
4/18/78 Letter of objection from Martin Business Machines
4/18/78 Letter of objection from Di-Line Corp.
4/19/78 P.C. approval
5/1/78* M.C.C. approval
1978 Date unknown-written note of compliant about business
8 YEAR VOID
8/18/86* Memo to file from Planner Norton documenting that he was refused entry to
the property by the owner.
1986 Date unknown-written note to file re: complaint
5 YEAR VOID
1990? Date unknown-Ross met with Allen, then item was pulled from BBC agenda
8/21/91* Letter to Allen from Al Williams re: compliance with Code and CDP
11/4/91 Note in Code Compliance file that Allens failed to respond to the correction
notice (8/21/91 letter)
11/15/91 Notice of Pendency of Administrative Proceeding/Correction Notice-10 day
compliance request
3/23/92* Letter to Allen from Boughey/Nolfo re: hearing date before BBC
3/24/92* Letter to BBC from Allen re: request for continuance
4/3/92 BBC: request for continuance denied, abatement costs imposed ($373)
4 YEAR VOID
6/11/96* Letter of complaint from Jensen
7/10/96* Memo to Donaghe/Paulsen from Ross re: status of Di-Line Bldg.
7/10/96* Memo to Ross from Donaghe re: applicant aware of requirement for DPI
12/17/96* Letter to Allen re: compliance with the CDP; states that site must be cleaned up
by January 21, 1997.
1/21/97 No clean-up done at site.
2/6/97 Meeting with Allens, J. Thompson, S. Paulsen; Mr. Allen agrees to submit
a Development Permit by March 8, 1997.
2/11/97* Memo to Hays re: summary of 2/6/97 meeting - DPH required in lieu of CDP
conditions fulfillment
3/8/97 No Development Permit application submitted as agreed.
3/25/97* Letter to Allen from Hays re: revocation of CDP
P3 e
City of San Bernardino Reprinted: 12/02/98 16 : 19 Receipt
Receipt Number: 98005109 Amount : 128 . 00 12/02/98 16 :18
Payment Method: 023308 Notation: WESTERN DOOR Init : MEP
----------------------------------------------------------------
Case: PL98055 Type: PL PLANNING CORRESPONDE
Parcel No: 0136-132-010000
Site Address: 206 S D ST
Location: SOUTH D ST & ATHOL STREET
Total Fees : 128 . 00
This Payment 128 . 00 Total ALL Pmts : 128 . 00
Balance: . 00
Account Code Description Amount
001-000-4710 APPEAL TO MCC OR PC 128 . 00
----------------------------------------------------------------
•°°'° EXHIBIT 3
r CITY OF SAN BERNARDINO
t" STATEMENT' OF OFFICIAL PLANNING CONLvIISSION ACTION
PROJECT
Number: Conditional Use Permit No. 97-17 and Variance No. 97-10 (Extension of
Time Request)
Address: 206 South "D" Street
Owner/Applicant: Michael and Brenda Allen
Description: A request for a one-year extension of time from October 21, 1998 to
October 21, 1999, to permit an impound vehicle storage yard (vehicle
repossession) in the IL, Industrial Light, land use district; and a variance to
establish a 0 foot south side yard setback and a 5 foot north side yard
setback. The site is located at the southwest comer of Athol and "D"
Streets. The extension of time is being requested to complete the
- construction of the Phase I buildings as required by the Conditions of
Approval.
ACTION: APPROVED, AS AINIENDED
Meeting Date: November 17, 1998
The Planning Commission approved a 90-day extension of time from October 21, 1998 to January
21, 1999, for Conditional Use Permit No. 97-17 and Variance No. 97-10, based on the Findings
of Fact and subject to the previously approved Conditions of Approval and Standard
Requirements (Attachment "C").
VOTE
Ayes: Baeza, Durr, Hendrix, Lockett, Suarez and Thrasher
Nays: None
Abstain: None
Absent: Enciso, Garcia and Schuiling
The decision of the Planning Commission is final unless a written appeal is filed, with the
appropriate fee, within 15 days of the Planning Commission's action, pursuant to Section
19.52.100 of the Municipal (Development) Code.
I hereby certify that this Statement of Official Action accurately reflects the final determination of
the Planning Commission of the City of San Bernardino.
Pa-.G--._ 11 • l 1 . 9$
Margaret . Park, Senior Planner Date
Enclosures
Cc: Owner/Applicant, Plan Check, Public Works/Engineering, Case Files, Department File,
Address File
ATTACHMENT A
SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: CONDITIONAL USE PERMIT NO. 97-17 & VARIANCE NO. 97-10
(EXTENSION OF TIME REQUEST)
AGENDAITEM: 3
HEARING DATE: NOVEMBER 17, 1998
WARD: 3
APPLICANT/OWNER:
Michael & Brenda Allen
206 S. "D° Street
San Bernardino, CA 92401
REQUEST/LOCATION:
The applicant requests a one-year extension of time from October 21, 1998 to October 21, 1999 to
construct additional buildings for an existing auto repossession business. The site is located at the
southwest comer of Athol Street and "D" Street in the IL, Industrial Light land use district.
CONSTRAINTS/OVERLAYS:
Subsidence/Liquefaction
ENVIRONMENTAL FINDINGS:
❑ Not Applicable
■ Exempt, Section 15301 (e)(2)
• No Significant Effects
• Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
• Approval
• Conditions
o Denial
❑ Continuance to:
conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 11-17-98
Page 2 of 3
REQUEST AND LOCATION
Under the authority of Development Code Section 19.08.020(16), the applicant requests
approval of a one year Extension Of Time from October 21, 1998 to October 21, 1999 for
Conditional Use Permit No. 97-17 and Variance No. 97-10, an application to construct
additional buildings for an existing auto repossession business. The Extension of Time is being
requested to complete the construction of the Phase I buildings as required by the Conditions of
Approval. The site is located at the southwest comer of Athol Street and "D" Street and is
generally known as 206 South "D" Street.
BACKGROUND/PROJECT STATUS
This project was first approved by the Planning Commission on October 21, 1997. The
original staff report (Attachment C) addressed all the issues raised as part of the original
approval process. There are no changes requested as part this approval.
The applicants have a valid building permit in effect until January 29, 1999. They have made
progress on the structures, however, the construction was not completed by October 21, 1998
as required by Condition of Approval No. 1. Condition of Approval No. 2 allows the
applicants to apply for a single one year extension of time.
Approval of the Extension of Time will permit the completion of the buildings under the
building permit. Denial of the Extension of Time will void CUP 97-17 & VAR 97-10. Further,
Condition of Approval No. 3 required that the previous CDP for this site (CDP 866) be null
and void upon approval of this CUP. Therefore denial will eliminate any land use entitlement
on this site for the applicants.
It should be noted that the Development Code only allows a single one-year extension of time,
therefore no other extensions of time can be requested. In addition, all standard requirements
and conditions of approval as originally approved must be completed.
CONCLUSION
The conditional use permit and variance are consistent with the General Plan and are in
conformance with all applicable Development Code Standards. The applicants have pulled a
building permit and have made substantial progress on the construction of the proposed
buildings. Staff believes that this show of "good faith effort" supports the applicants' request
for this extension of time.
RECOMMENDATION
Staff recommends that the Planning Commission approve the request for a one-year extension
of time from October 21, 1998 to October 21, 1999 for Conditional Use Permit No. 97-17 and
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 11-17-98
Page 3 of 3
Variance No. 97-10 based on the Findings of Fact and subject to the previously approved
Conditions of Approval and Standard Requirements. (Attachment "C").
Respectfull Submitted,
'
V
MICHAEL E. HAY
Director of Development Services
P.�
MARGARET PARK, AICP
Senior Planner
ATTACHMENTS:
A. Location Map
B. Site Plan
C. Original Staff Report with Findings of Fact, Conditions of Approval and Standard
Requirements
CffY OF SAN BER JINO 'A„
GENERAL PLAN LAND USE DESIGNATION Adopted 6-2.89
Date %-21 -97 Panel No.
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SUMMARY CITY OF SAN BERNARDINO PLANNING DMSION
CASE: Conditional Use Permit No. 97-17 & Variance No. 97-10 (REVISED REPORT)
AGENDA ITEM: 2
HEARING DATE: October 21, 1997
WARD: 3
APPLICANT/OWNER: ENGINEER:
Michael & Brenda Allen Toomey & Associates
206 S. "D" Street 34590 County Line Rd., #5
San Bernardino, CA 92401 Yucaipa, CA 92399
------------------- — —
REQUEST / LOCATION
The applicant requests approval of a Conditional Use Permit under authority of Development Code
Section 19.08.020(16) to construct additional buildings for an existing auto repossession business. Two
2,105 square foot auto storage buildings are proposed for Phase I; a 4,800 square foot covered parking
building is proposed for Phase II; Also requested is a reduction in the north side yard setback and the
south side yard setback from 10 feet to 5 feet. The property is a 38,200 square foot site in the IL,
Industrial Light land use district.
---------------------
CONSTRAINTS/OVERLAYS
Subsidence/Liquefaction
- --- - ---- - ---- ------- -----
ENVIRONMENTAL FINDL;GS
❑ Not Applicable
■ Exempt, Section 15301(e)(2)
❑ No Significant Effects
❑ Potential Effects
-------------------------------
STAFF RECOMMENDATION:
■ APPROVAL ■ CONDITIONS
❑ DENIAL
❑ CONTINUANCE TO:
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 10-21-97
Page 2
REQUEST AND LOCATION
The applicant requests approval of a Conditional Use Permit under authority of Development Code
Section 19.08.020(16) to construct additional buildings for an existing auto repossession business.
Also requested is a reduction in the north side yard setback to 5' and the south side yard setback from
10 feet to 0 feet. The property is a 38,200 square foot site in the IL, Industrial Light land use district.
PROJECT DESCRIPTION
This project is an outgrowth of a previous Conditional Development Permit (CDP 866) approved in
1979 which established this use, an auto repossession business, at this location. Although conditions
of approval were placed on the original CDP, they were never completed. The resolution to the issues
that resulted from non-compliance with CDP 866 and from neighborhood complaints was to submit a
revised CUP with all future development shown.
A 4,800 square foot covered parking building is proposed for Phase I; a 2,105 square foot auto
storage building is proposed for Phase II; and a 2,105 square foot auto storage building is proposed
for Phase III. No additional uses are proposed for the site and no additional parcels will be used for
the business.
SETTING/SITE CHARACTERISTICS
The site, which is flat, is located at the south west corner of the intersection of Athol Street and
South D Street. The property consists of two parcels which also have frontage on Stoddard Street.
Existing customer and primary access to the yard is from South D Street. Additional existing access is
also provided from gates on Athol and Stoddard Streets. To the south is a vacant parcel, to the north,
west and east are existing industrial/commercial businesses.
BACKGROUND
The project was reviewed by the Development Review Committee on July 31, 1997 and cleared onto
Planning Commission on August 28, 1997. The Public Works Department, Development Services
Division, Fire Department, Water Department, and Parks, Recreation and Community Services have
all provided Standard Requirement for this proposal.
This project was originally scheduled for public hearing on October 7, 1997 and was continued, at the
request of the applicant to the October 21, 1997 meeting.
FINDINGS AND ANALYSIS
CONDITIONAL USE PERMIT
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 10-21-97
Page 3
1. The proposed use is conditionally permitted within, and would not impair the integrity and
character of the of the subject land use district and complies with all of the applicable
provisions of this Development Code.
Pursuant to Development Code Section 19.08.020(16), auto impound storage yards are permitted in
the IL land use district subject to the approval of a conditional use permit. The proposed project
complies with all applicable provisions of the Development Code as shown in Attachment C, except
for those areas that are requested to be modified under Variance No. 97-10.
Numerous complaints have been received over the years regarding the visibility of the vehicle
impound yard and its perceived impact on surrounding businesses. Proposed Condition of Approval
Nl requires the construction of fencing and screening landscaping on Athol and Stoddard Streets and
an 8' block wall along the south property line. With these improvements, the auto storage area will
be screened from public view, with some vehicles stored in the proposed buildings.
Further, other complaints were received regarding the business's telephone ringer broadcast through
an outdoor loudspeaker, creating noise that carries throughout the neighborhood. Condition of
Approval N8 requires that the telephone ringer be disconnected from the loudspeaker within 14 days
of approval of this project.
Staff had concerns that material (other than licensed vehicles) was stored outside. The applicant has
agreed to Condition of Approval #7 which permits only licensed vehicles to be stored outside.
Condition of Approval #6 re-affirms that this business is for the temporary storage of repossessed
vehicles and other collateral items and that this location can not become a salvage and wrecking
(dismantling) yard.
2. The proposed use is consistent with the General Plan.
The proposal is consistent with General Plan Objective 1.32, which states:
"Retain, enhance, and intensify existing and provide for the new development of light
industrial uses along major vehicular... routes serving the City of San Bernardino.
The applicant's business has been at this location for 17 years and this application was submitted so
that they could enhance their business so they could remain at this location.
3. The approval of the Conditional Use Permit for the proposed use is in compliance with the
requirements of the California Environmental Quality Act and Section 19.20.030(6) of the
Development Code.
As noted on the Summary page, this project is exempt from CEQA review as Categorical Exemption
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 10-21-97
Page J
15301 (e)(2). This Class 1 exemption exempts the additional buildings because the site is located in an
area where all public services and facilities are available and the area is not environmentally sensitive.
Staff understands that the telephone hook-up to the outside loudspeaker has created excessive noise,
however the use of the property as an auto impound yard does not, in and of itself, create excessive,
continuous noise impacts to sensitive receptors. Regardless, Staff has added Condition of Approval #8
which prohibits the telephone from being rung over the outside loudspeaker.
4. There will be no potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored.
As noted on the Summary page and in Finding #3, this project is exempt from CEQA review as
Categorical Exemption 15301 (e)(2).
S. The location, size, design, and operating characteristics of the proposed use are compatible
with the existing and future land uses within the general area in which the proposed use is to
be located and will not create significant noise, traffic or other conditions or situations that
may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the
public interest, health, safety, convenience, or welfare of the City.
The proposal is in compliance with all applicable Development Code Standards and is consistent with
the General Plan as noted elsewhere in this staff report. The proposal will not create any significant
noise, traffic, or other conditions or situations that may be objectionable because the use is existing
and will not be expanded to additional parcels. As such the proposal will not be detrimental to other
permitted uses in the vicinity and will not create any situation adverse to the public interest, health,
safety, convenience or welfare of the City. Conditions of Approval have been added to insure that the
use will be compatible with surrounding businesses.
6. The subject site is pksically suitable for the type and density/intensity of use being proposed.
The site is physically suitable for the type and density/intensity of the project being proposed as
evidenced by project compliance with all applicable Development Code Standards as noted above.
7. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public health and safety.
All agencies responsible for reviewing access, and providing water, sanitation and other public
services have all had the opportunity to review the proposal, and none have indicated an inability to
serve the project.The project involves the construction of new storage buildings for vehicles and will
not permit expansion of the use to other properties. The proposal will not be detrimental to the public
health and safety in that all applicable Codes will apply to the construction of this project.
VARIANCE 97-10A - A request to reduce the south property line setback from 10' to 0' feet.
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 10-21-97
Page 5
1. That there are special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of this Development Code deprives
such property of privileges enjoyed by other property in the vicinity and under identical land
use district classification.
The south property line abuts a vacant lot and an existing storage building is set on that property line.
A storage building already exists at the property line and is not adjacent to a public street, or another
building on the other lot.
2. That granting the Variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and land use district and denied
to the property for which the Variance is sought.
Other industrial properties have been permitted to reduce the setback for buildings along those
property lines that are not adjacent to public streets or rights of way. It will permit the applicant to
provide covered storage for repossessed vehicles and will not allow an increased number of vehicles
to be stored since the existing site has no setback at that property line.
3. That granting the Variance will not be materially detrimental to the public health, safety, or
welfare, or injurious to the property or improvements in such vicinity and land use district in
which the property is located.
The buildings at the south property line back onto a vacant lot and do not restrict access to the
property nor do they create a hazardous design. Eliminating the setback will allow the project to be
designed in the most safe and effective manner for this type of use. Deleting the 10' setback,
eliminates a setback which would not be visible to the public and which may provide opportunity to
individuals to enter the property unseen.
4. That granting the Variance would not constitute a special privilege inconsistent with the
limitations upon other properties in the vicinity and land use district in which such property is
located.
The use as proposed meets all required standards for an auto impound yard and is not inconsistent
with the Development Code as a result of this variance as shown in previous discussions in this staff
report. Other properties in the IL land use district have beer- permitted to reduce rear and side
setbacks when appropriate and have been permitted to locate storage buildings at the property line
where necessary for an efficient site design.
5. That granting the Variance would not allow a use or activity which is not otherwise expressly
authorized by the regulations governing the subject parcel.
An auto impound storage yard is allowed with approval of a CUP and no additional unpermitted land
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 10-21-97
Page 6
uses will be allowed or are considered as part of this project. Condition of Approval #13 requires a
revised CUP if either Building A or B is to be used for any other business.
6. That granting the Variance will be consistent with the General Plan.
A auto impound storage yard is allowed with approval of a CUP and no additional impermitted land
uses will be allowed or are considered as a result of this variance, consistent with General Plan
Objective 1.32.
VARIANCE 97-10B - A request to reduce the north side yard setback from 10' to 5'.
1. That there are special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of this Development Code deprives
such properr of privileges enjoyed by other property in the vicinity and under identical land
use district classification.
The north property line fronts Athol Street and the existing office building is located 5' from the
property line. With the reduction of the south property line setback to 0', there would be adequate
room to set the two buildings along Athol back 10'. The property is wide enough to accommodate the
buildings and the necessary setbacks, therefore Variance #2 cannot be supported.
2. That granting the Variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and land use district and denied
to the properr,for which the Variance is sought.
Maintaining a 10' setback will not prevent the applicants from operating their business. A 10' setback
will still permit the storage of vehicles and the construction of the two buildings along Athol Street.
Other buildings constructed in the area were subject to the requirements in force at the time of their
construction.
3. That granting the Variance will not be materially detrimental to the public health, safety, or
welfare, or injurious to the property or improvements in such vicinity and land use district in
which the property is located.
Eliminating the north side setback will remove needed driveway depth between the right of way and
the proposed buildings. The applicant has expressed an interest in leasing out the two buildings along
Athol Street at some point in the future. A reduction in the setback will make it difficult to meet all
development requirements for off-street parking and landscaping.
4. That granting the Variance would not constitute a special privilege inconsistent with the
limitations upon other properties in the vicinity and land use district in which such property is
located.
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 10-21-97
Page 7
The requested variance would reduce the setback in order to construct buildings in an arrangement
preferred by the applicant, but does not create a better design. There is adequate room to set the
buildings back 10' from the street and still provide a large, easily accessible area for vehicle storage.
5. That granting the Variance would not allow a use or activity which is not otherwise expressly
authorized by the regulations governing the subject parcel.
An auto impound storage yard is allowed with approval of a CUP and no additional unpermitted land
uses will be allowed or are considered as part of this project.
6. That granting the Variance will be consistent with the General Plan.
An auto impound storage yard is allowed with approval of a CUP and no additional unpermitted land
uses will be allowed or are considered as a result of this variance, consistent with General Plan
Objective 1.32.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Conditional Use Permit and
Variance #97-10A. Variance #97-10B does not meet all the necessary Findings of Fact for approval.
RECOMMENDATION
Staff recommends the Planning Commission:
1. Approve Conditional Use Permit No. 97-17 and Variance No. 97-10A, based upon the
Findings of Fact contained in this Staff Report and subject to the Conditions of Approval
(Attachment E) and Standard Requirements (Attachment F).
2. Deny Variance No. 97-10B, based upon the Findings of Fact contained in this Staff Report.
Respectfully Submitted,
Michael . Hays
Director of Planning and Building Services
j l<a.
Margaret Park, AICP
Senior Planner
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 10-21-97
Page 8
Attachment A Location Map
Attachment B Site Plan
Attachment C Development Code and General Plan Consistency Table
Attachment D Applicant's Findings of Fact
Attachment E Conditions of Approval
Attachment F Standard Requirements
"Cis
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 10.21-97
Page 11
DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
Development General
Cateeory Pr000sal Code Plan
Permitted Use Auto Impound Permitted subject to Permitted
Storage Yard Conditional Use Permit
Height 1 Story 2 stories 2 stories
(14 feet) or 50 feet or 50 feet
Setbacks
Front 5 feet 10 feet < 25 feet
Street Side` 5 feet 10 feet < 25 feet
Side= 0 feet 10 feet
Rear 10 feet 10 feet
Landscaping 4662 square feet 4662 square feet N/A
(15 percent) (15 percent)
Lot Coverage 14 percent 75 percent N/A
Variance 10B for this setback is not supported by Staff.
Variance l0A for this setback is supported by Staff.
"D11
Variance Findings
M. P. Allen Auto Impound Facility
July 2, 1997
City of San Bernardino
Planning Division
Project Owner/Applicant: ivfichael&Brenda Allen
Project Description: Building Addition to Existing Facility
Planning Applications: Conditional Use Permit (Building Expansion)
Variance (Required Setback)
SUMMARY
The applicant is proposing to add three new auto storage buildings on the existing
auto impound site located on the southwest comer of`D' Street and Athol Street.
The site is 38.200 square feet in area (0.876 ac.) with general dimensions of 267.5
feet wide and 142.8 feet deep. The proposed buildings are generally located at the
west end of the parcel. adjacent to the north and south property lines. The two
existing buildings total 5.258 square feet and parking and landscaping is provided
on the balance of the site. The site is within the Light Industrial Land Use District
and is required to have a 10 foot front setback for buildings and parking. Given
the amount of site area needed in truck maneuvering and storage uses, and the
design requirements for the new buildings, an encroachment into the required front
yard is necessary. Therefore, due to the physical characteristics of the site and the
operational requirements of the business, a Variance is requested for the reduction
of the front setback along a portion of the north property line. Therefore, the
items listed below make up the Variance application:
Variance Request:
Reduce front yard building setback as required in Development
Code Section 19.08.030(.1):
Front- I0'required; S'proposed.
Variance Findings Allen CUP
VARIANCE FINDINGS
A. There are special circumstances applicable to the property, including
size, shape, topography, location or surroundings, the strict application of
this Code deprives such property of privileges enjoyed by other property in
the vicinity and under identical land use district classification;
The project site has a Land Use designation of IL and is located on the
southwest corner of 'D' Street and Athol Street. The site is bounded on
the west by Stoddard Street. The property adjacent on the south is also
designated IL and is currently vacant. With three sides of the site
bounded by public streets, where front and side street yard setbacks are
required, there would be special circumstances applicable to the property.
In addition, there are limitations created by site design. To satisfy site
operational needs Building 'A' must be a minimum of 50 feet deep and the
drive aisles must accommodate the tow-truck maneuvering for building
access. Buildings 'B' and 'C' have been reduced in size to 2,105 square
feet and are as small as operationally permitted. Any further reduction in
the building or drive aisles would impact the site circulation and facility
operations.
There are examples of light industrial buildings in the immediate vicinity
and same land use that have been located within 5 feet of the property
line. The first is a similar building located directly across 'D' with a 5 foot
setback provided on Athol Street; the second is the subject site itself. The
existing office/storage building is situated 5 feet from Athol Street and 10
feet from 'D' Street. Although it is most likely that these buildings were
constructed prior to the adoption of the current City Development Code,
these properties provide examples of the relative minor impact to adjacent
properties caused by the setback reduction.
I
Variance Fmdmgs Allen CLIP
B. That granting the Variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the
same vicinity and land use district and denied to the property for which the
Variance is sought;
It is the development standards of the district, not a particular land use, to
which the Variance request is related. The new buildings proposed are to
be use to house vehicles that are currently stored outside, which will
improve an existing, successful business.
C. That granting the Variance will not be materially detrimental to the
public health, safety, or welfare, or injurious to the property or
improvements in such vicinity and land use district in which the property is
located;
The architecture of the new buildings is compatible with the existing
structures and other buildings in the area. Although the front setback is
50% of the required distance, the amount of landscaping provided on the
site exceeds the minimum amount. Total landscaping (proposed and
existing) amount to 4,181 square feet, which is 27% of the parking and
circulation area. The Development Code requires the percentage of
landscaping in the parking area to be 15%. The site also meets the
required rear and side yard setback standards. The reduction in the
setback does not permit parking or building construction in excess of what
is permitted by the IL land use district.
D. That granting the Variance does not constitute a special privilege
inconsistent with the limitations upon other properties in the vicinity and
land use district in which such property is located;
The reduction in the front yard setback is the minimum necessary to meet
the operational requirements of the auto impound facility. In addition,
where a new, similar business is proposed and given the size of the
parcels in the immediate area vicinity, other properties are subject to
similar constraints and would need the same remedy to achieve a viable
development under the current standards.
2
"E"
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 10-21-97
Page 13
CONDITIONS OF APPROVAL
Conditional Use Permit No. 97-17 & Variance No. 97-10A
1. Within two years of development approval, construction on improvements shall have been
completed or the permit/approval shall become null and void. In addition, if after commencement
of construction, work is discontinued for a period of 6 months, then the permit/approval shall
become null and void. Phasing of project construction/development shall be as follows:
Project: Conditional Use Permit No. 97-17 & Variance No. 97-10A
Phase I: Within 4 months of development approval, building permits shall have been pulled or
the permit/approval shall become null and void. Within 12 months of development approval, all
buildings in Phase I shall be completed or the permit/approval shall become null and void. All
required landscaping and fencing shall be installed (with appropriate permits) prior to issuance of
any Certificate of Occupancy.
If Phase I buildings are not constructed, all required landscaping and fencing shall be installed
within 4 months of development approval.
Landscaping within required setbacks shall be consistent with Development Code Section
19.28.040(3)(A)[Opaque Screen, Type A]. If either option of Phase I is not completed by the
expiration date. CUP 97-17 & VAR 97-10 shall become null and void.
Phase II: Within 4 months of completion of Phase I, building permits shall have been pulled or
the permit/approval shall become null and void. Within 12 months of completion of Phase 1, all
buildings in Phase II shall be completed or the permit/approval shall become null and void.
If Phase II buildings are not constructed, all required landscaping and fencing shall be installed
within 4 months of completion of Phase I.
Landscaping within required setbacks shall be consistent with Development Code Section
19.28.040(3)(A)[Opaque Screen, Type A]. If either option of Phase II is not completed by the
expiration date, CUP 97-17 & VAR 97-10 shall become null and void.
2. The review authority may, upon application being filed 30 days prior to the expiration date and
for good cause, grant a one time extension not to exceed 12 months. The review authority shall
ensure that the project complies with all current Development Code provisions.
3. Upon approval of CUP No. 97-17 and VAR No. 97-10, CDP 866 shall become null and void.
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 10-21-97
Page 14
3. In the event that this approval is legally challenged, the City will promptly notify the applicant
of any claim or action and will cooperate fully in the defense of the matter. Once notified, the
applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and
employees from any claim, action or proceeding against the City of San Bernardino. The
applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may
be required by a court to pay as a result of such action, but such participation shall not relieve
applicant of his or her obligation under this condition.
4. If a revised site plan is required as a condition of approval by the Planning Commission, said
revised site plan shall be submitted to City Planning Staff no later than two weeks from the
approval date and must be reviewed and approved prior to issuance of building permits.
5. A Pre-Application meeting with appropriate City Staff shall be required prior to plan check
submittal for each phase.
6. This Conditional Use Permit is for the continued operation of the existing auto/collateral property
repossession business. The property is to be used for the TEMPORARY STORAGE of
repossessed motor vehicles. Any motor vehicle, other that those used in the transaction of
business, shall be "turned over" as soon as is legally possible.
7. Only vehicles, vessels or other property required to be licensed by the Department of Motor
Vehicles or a related agency, may be stored outside. All other collateral property shall be stored
within an enclosed building. The facility is not to be used as a dismantling yard and outside
storage shall be limited to repossessed vehicles, vessels and other property (as described above)
in the process of being liquidated.
8. Within 14 days of development approval, the telephone ringer shall be disconnected from the
intercom system.
9. The use of barbed wire, electrified fence or razor wire fence in conjunction with any fence, wall,
roof, hedge, or by itself is prohibited unless required by any law or regulation of the City, the
State of California, Federal Government, or agency thereof.
10. Chainlink fencing is permitted at the setback (not on the property line) in conjunction with
required landscaping along Stoddard Street and Athol Street. The chainlink fencing shall be
installed as shown on Planning Commission Hearing Exhibit A (see case file).
11. The existing chainlink fencing and chainlink gates on the property adjacent to the sidewalk on
Athol Street and the sidewalk on Stoddard Street north of the driveway approach on Stoddard
Street may remain at the present location until the completion of Phase I. Upon the completion
of Phase I, that existing fencing/gate shall be removed since it will be replaced with the
appropriate building(s), block wall(s), wrought iron fencing and wrought iron gate(s).
t
Conditional Use Permit No. 97-17
Variance No. 97-10
Hearing Date: 10-21-97
Page ti
The existing chainlink fencing and chainlink gate adjacent to the sidewalk on Stoddard Street and
the south property line of the development may remain at the present location until the completion
of Phase II. Upon the completion of Phase II, that existing fencing/gate shall be removed since
it will be replaced with the appropriate building, block wall(s), wrought iron fencing and wrought
iron gate.
12. Construction shall be in substantial conformance with the plan(s) approved by the Director,
Development Review Committee, Planning Commission or Mayor and Common Council. Minor
modification to the plan(s) shall be subject to approval by the Director through a minor
modification permit process. Any modification which exceeds 10% of the following allowable
measurable design/site considerations shall require the refiling of the original application and a
subsequent hearing by the appropriate hearing review authority if applicable:
a. On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures:
C. Reconfiguration of architectural features, including colors, and/or modification of finished
materials that do not alter or compromise the previously approved theme; and,
d. A reduction in density or intensity of a development project.
13. No vacant. relocated. altered. repaired or hereafter erected structure shall be occupied or no
change of use of land or structure(s) shall be inaugurated, or no new business commenced as
authorized by this permit until a Certificate of Occupancy has been issued by the Department.
A temporary Certificate of Occupancy may be issued by the Department subject to the conditions
imposed on the use, provided that a deposit is filed with the Department of Public Works prior
to the issuance of the Certificate, if necessary. The deposit or security shall guarantee the faithful
performance and completion of all terms, conditions and performance standards imposed on the
intended use by this permit.
14. This permit or approval is subject to all the applicable provisions of the Development Code in
effect at the time of approval. This includes Chapter 19.20 - Property Development Standards,
and includes: dust and dirt control during construction and grading activities; emission control
of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design
and control; noise control; odor control; screening; signs, off-street parking and off-street loading;
and, vibration control. Screening and sign regulations compliance are important considerations
to the developer because they will delay the issuance of a Certificate of Occupancy until they are
complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter
cabinets shall be architecturally screened by wall or structural element, blending with the building
design and include landscaping when on the ground.
Conditional Use Pemit No. 97-17
Variance No. 97-10
Hearing Date: 10-21-97
Page 16
15. Prior to leasing or use of either or both Phase I buildings for any other business, a revised
Conditional Use Permit shall be required to be submitted, reviewed and approved for the
installation of any and/or all of the following (including, but not limited to): fencing, wall or
barrier dividing the property; the 3' landscape setbacks around Building A and Building B; and
trash enclosures that serve those buildings.
16. All new parking spaces needed to conform to Development Code requirements for any phase
(except those parking spaces that exist as of 10/21/97), shall be a minimum size of 9'x19'.
17. This permit or approval is subject to the attached conditions or requirements of the following City
Departments or Divisions:
a. Public Works (Engineering) Department
b. Building Services Division of the Planning and Building Services Department
c. Water Department
d. Fire Department
e. Parks and Recreation Department
nFn
STANDARD REQUIREMENTS
DEPARTMENT OF PUBLIC WORKS/ CASE N0. CUP 97-17
CITY ENGINEER
DESCRIPTION: 3PHASEEXPANSION HEARING DATE
TO EXIST AUTO REPO BUSINESS AGENDA ITEM
LOCATION: W/S "D"STREET
S/S ATHOL ST PAGE NO:
♦ NOTE TO APPLICANT., Where separate Engineering plans are required, the applicant is
responsible for submitting the Engineering plans directly to the Engineering Division. They
may be submitted prior to submittal of Building Plans.
1. Drainage and Flood Control
a) All drainage from the development shall be directed to an approved public
drainage facility. If not feasible, proper drainage facilities and easements
shall be provided to the satisfaction of the City Engineer.
b) Applicant shall mitigate on-site storm water discharge sufficiently to
maintain compliance with the City's NPDES Storm Water Discharge
Permit Requirements.
c) The City Engineer, prior to grading plan approval, shall approve an
Erosion Control Plan. The plan shall be designed to control erosion due
to water and wind, including blowing dust, during all phases of
construction, including graded areas which are not proposed to be
immediately built upon.
2. Grading and Landscaping
a) If more than 1' of fill or 2' of cut is proposed, the site/plot/grading and
drainage plan shall be signed by a Registered Civil Engineer and a
grading permit will be required. The grading plan shall be prepared in
strict accordance with the City's "Grading Policies and Procedures" and
the City's "Standard Drawings", unless otherwise approved by the City
Engineer.
Page 1 of 6 Pages 911597
STANDARD REQUIREMENTS
DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 97-17
CITY ENGINEER
DESCRIPTION: 3PHASEEXPANSION HEARING DATE
TO EXIST AUTO REPO BUSINESS AGENDA ITEM
LOCATION: W/S "D"STREET
S/S ATHOL ST PAGE NO:
b) If more than 5 trees are to be removed from the site, a tree removal permit
conforming to the requirements of Section 19.28.090 of the Development
Code shall be obtained from the Department of Planning and Building
Services prior to issuance of any grading or site development permits.
C) If more than 5,000 cubic yards of earthwork is proposed, a grading bond
will be required and the grading shall be supervised in accordance with
Section 7012(c) of the Uniform Building Code.
d) An on-site Improvement Plan is required for this project. Where feasible,
this plan shall be incorporated with the grading plan and shall conform to
all requirements of Section 15.04-167 of the Municipal Code (See
"Grading Policies and Procedures").
e) Retaining walls, block walls and all on-site fencing shall be designed and
detailed on the On-site Improvement Plan. This work shall be part of the
On-site Improvement permit issued by the Department of Public
Works/City Engineer.
f) The on-site improvement plan shall include details of on-site lighting,
including light location, type of poles and fixtures, foundation design,
conduit location and size, and the number and size of conductors.
Photometry calculations shall be provided which show that the proposed
on-site lighting design will meet the intensity and distribution criteria
specified by the City Police Department.
g) The design of on-site improvements shall also comply with all
requirements of The California Building Code, Title 24, relating to
handicap parking and accessibility, including retrofitting of existing
building access points for handicap accessibility, if applicable.
Page 2 of 6 Pages 9/1597
STANDARD REQUIREMENTS
DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 97-17
CITY ENGINEER
DESCRIPTION: 3 PHASE EXPANSION HEARING DATE
TO EXIST AUTO REPO BUSINESS AGENDA ITEM
LOCATION: W/S "D"STREET
S/S ATHOL ST PAGE NO:
h) A reciprocal easement shall be recorded prior to grading plan approval if
reciprocal drainage, access, sewer, and/or parking is proposed to cross
lot lines, or a lot merger shall be recorded to remove the interior lot lines.
i) The project Landscape Plan shall be reviewed and approved by the City
Engineer prior to issuance of a grading permit. Submit 5 copies to the
Engineering Division for Checking.
j) An easement and covenant shall be executed on behalf of the City to
allow the City to enter and maintain any required landscaping in case of
owner neglect. The Real Property Section for execution by the property
owner and shall ensure that , if the property owner or subsequent
owner(s) fail to properly maintain the landscaping, the City will be able to
file appropriate liens against the property in order to accomplish the
required landscape maintenance. A document processing fee in the
amount of $200.00 shall be paid to the Real Property Section to cover
processing costs. This easement and covenant shall be executed by the
property owner prior to plan approval unless otherwise allowed by the
Director of Public Works/City Engineer.
3. Utilities
a) Design and construct all public utilities to serve the site in accordance
with City Code, City Standards and requirements of the serving utility,
including gas, electric, telephone, water, sewer and cable TV (Cable TV
optional for commercial, industrial, or institutional uses).
b) Each parcel shall be provided with separate water and sewer facilities so
the City or the agency providing such services in the area can serve it.
Page 3 of 6 Pages 9/1597
STANDARD REQUIREMENTS
DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 97-17
CITY ENGINEER
DESCRIPTION: 3 PHASE EXPANSION HEARING DATE
TO EXIST AUTO REPO BUSINESS AGENDA ITEM
LOCATION: W/S V"STREET
S/S ATHOL ST PAGE NO:
C) Sewer main extensions required to serve the site shall be constructed at
the Developer's expense. Sewer systems shall be designed and
constructed in accordance with the City's "Sewer Policy and Procedures"
and City Standard Drawings.
d) Utility services shall be placed underground and easements provided as
required.
e) Existing Utilities which interfere with new construction shall be relocated
at the Developer's expense as directed by the City Engineer, except
overhead lines, if required by provisions of the Development Code to be
undergrounded. See Development Code Section 19.20.030 (non-
subdivisions) or Section 19.30.110 (subdivisions).
4. Street Improvement
a) Construct Handicap Ramps in accordance with City Standard No. 205 at
all curb returns within and adjacent to the project site. Dedicate sufficient
right-of-way at the corner to accommodate the ramp.
b) New Driveway Approaches shall be constructed in accordance with City
Standard No. 204, Type ll, including Handicap by-pass. Existing
driveway approaches shall be modified to conform to City Standard No.
204, Type II. Remove existing driveway approaches that are not part of
the approved plan and replace with full height curb & gutter and sidewalk.
5. Required Engineering Permits
a) Grading permit (If applicable.).
Page 4 or 6 Pages 911597
STANDARD REQUEREMENTS
DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 97-17
CITY ENGINEER
DESCRIPTION: 3 PHASE EXPANSION HEARING DATE
TO EXIST AUTO REPO BUSINESS AGENDA ITEM
LOCATION: W/S "D"STREET
S/S ATHOL ST PAGE NO:
b) On-site improvements construction permit (except buildings - see
Planning and Building Services), including landscaping.
C) Off-site improvements construction permit.
6. Applicable Engineering Fees'
a) Plan check and inspection fees for off-site improvements - 4% and 4%,
respectively, of the estimated construction cose of the off-site
improvements.
b) Plan check and inspection fees for on-site improvements (except
buildings - See Planning and Building Services) - 2% and 3%,
respectively, of the estimated construction cost' of the on-site
improvements, including landscaping.
c) Plan check and inspection fees for grading (If permit required) - Fee
Schedule available at the Engineering Division Counter.
d) Drainage fee in the approximate amounts of:
i) Phase I — $3,400.00
AM Fees am subject to change without notice.
'Estimated Construction Cost for ON-Site Improvements is based on a list of standard unit prices on rile with
the Department of Public Works/City Engineer.
'Estimated Construction Cost for On-Site Improvements is based on a list of standard unit prices on rile with
the Department of Public Works/City Engineer.
Page 5 of 6 Pages 9/1597
STANDARD REQUIREMENTS
DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 97-17
CITY ENGINEER
DESCRIPTION: 3 PHASE EXPANSION HEARING DATE
TO EXIST AUTO REPO BUSINESS AGENDA ITEM
LOCATION: W/S "D"STREET
S/S ATHOL ST PAGE NO:
ii) Phase II - $1,700.00
iii) Phase III - $1,700.00
e) Traffic system fee in the estimated amounts of:
i) Phase I - $377.93
ii) Phase II - $165.73
iii) Phase III - $165.73
f) Sewer Connection fee in the approximate amounts of:
i) Phase I - $458.30
ii) Phase II - $229.15
iii) Phase III - $229.15
g) Sewer inspection fee in the amount of$19.32 per connection.
h) Street or easement dedication processing fees in the amount of 200.00
per document.
Page 6 of 6 Pages 911597
CITY OF SAN BERNARDINO
STANDARD REQUIREMENTS Case No.: CUP 97-n&VAR 97-10
Hearing Date: October 7, 1997
DEVELOPMENT SERVICES DIVISION Page 1
1. Submit plans prepared by a Registered Building Architect or Civil or Structural Engineer.
2. Submit a complete lateral and structural analysis prepared by a Registered Civil or
Structural Engineer or Architect.
3. Submit floor plan of existing structure. Label all uses and existing materials of
construction.
4. Submit four (4) complete sets of construction plans including:
(Five (5) complete sets for expeditious review).
a. Copy of conditions. (3)
b. Soils and/or liquefaction report. (3)
C. Structural calculation. (3)
5. Submit panel schedule(s) and electrical plans.
6. Submit a plan of the heating, ventilating or air conditioning system. (Clearly identify the
location and rating of the equipment and the sizes and material of all ducts, registers and
the location of all fire dampers.) Show means of providing mechanical ventilation as
required by the Uniform Building Code.
7. Provide a plot plan showing the location of the proposed sewer system.
8. Show compliance with Title 24 for disabled access.
9. City of San Bernardino named as certificate holder for Worker's Compensation
Insurance.
10. Assessor's Parcel Number. 136-132-01,25
11. Contractor's City license.
12. Contractor's State license.
13. Sewer capacity rights from Water Department, 384-5093.
CITY OF SAN BERNARDINO
STANDARD REQUIREMENTS Hearing.: cup 97-n&VAR 97-10
e
DEVELOPMENT SERVICES DIVISION pg 2 Date: October 7, 1997
14. Waste water permit required, from Water Reclamation Plant, 384-5507.
15. School fees from Unified School District, 381-1179.
16. Other: Plan Check time is approximately 5 weeks Expeditious Plan Check time is
approximately 10 working days. Contact Development Services at (909) 384-5071 for
possible expeditious plan check.
17. Plan Check fees required for development. If project is to be phased, Plan Check fees
are to be paid at each phase. Additional 25% Plan Check fee required for expeditious
review.
18. Contact Development Services for Plan Check fee cost prior to submittal.
tAPrl 12
Qp•/32' o/ 2�
-1140" W2e5 &C ix
SAN BERNARDINO NfUNICEPAL WATER DEPARTMENT
STANDARD REQUIREMENTS 7
Review of Plans: CLb 97--/7 ✓Akr 97-/0 Date Compiled: / - —�f
/� t
Owner/Developer: MICdAGL k OKE � Compile! By: Pa/ LETSp,)
Type of Project: AD/�A�, afr�rl a.lJ aJ(�s T-" AV 6XI STi.JG Leius/�yYumber of Units:
Location: 5 by CQOAJNC QE "L�V e 47VV1, � r5
WATER DEPARTMENT A EN .INEE IN .: Q
Contact: DILL [ ner 594 LW Phone: E 3g� Fax: JW4 7jZ
Note: All Water Services are Subject to the Rules& Regulations of the Water Department.
/.! / L SiaJi
Size of Main Adjacent the Projxr. �
C Approximate Water Pressure:too evanon of Water Stowage: /2 Hydrant Flow®20 psi:
C Type. Size, Location, and Distance to Nearest Fire Hydrate: 4'/6 w& CA/ AAd ea<,19 A—JYCL¢ "I�t�A -
to" ZLA-!;� oa� t-la C&416e A714oL 4-V
Pressure Regulator Required on Customer's Side on the Meter.
C Off-site Water Facilities Required.
C Area Not Served by San Bernardinop.- cps l Water Department.
*Commerns: YYI.2 / 4Y
v
4 /X&1, t!L� ,t°. -get idles -16 lzip
WATER\\QUALITY VVCONTROL,
Contact: jx,ze I e'ne� _ Phone: �r61-'4' 61 Fax: 3E5Li 'SS3Q,,
R.P.P. Backtlow Device Required at Service Connection. Uk.( W'I"'1
p„Double Check Backtlow Device Required at Service Connection.'Ehf1J4.�t;- -
Backrlow Device to be Inspected Before Water Service can be Activated.
C No Backtlow Device Required at This Time.
ENY9RONMENTAL CONTROLANDCSTWAL WASTE: �A
Contact: y10.`j CRS7-I90 Phone: '%4 -550-7 Fax: 384�yR7
Note: No Brine Regenerative Water Softeners May be Installed, Unless Holding and Hauling is Provided for the Brine. All Interceptors
Z ill be a 1200 Gallon Capacity with a Sample Box Included.
lustrial Waste Pentut Requires!.
C Grease Interceptor Required. C Sand,Oil Interceptor Required. ❑ No Issues at this Time.
Pre-treatment Required.
SEWER CAPACITY INFORMATION:
Contact. N 1.a 61n--C' Phone: c39q -5u)93 F..: 39`1 - 5a1-5
Note: Proof of Payment Must be Subnutte<d to the Building &Safety Department Prior to Issuance of the Building Permit.
C No Sewer Capacity Fee .applicable at Time.
l/ q
y� -er Capacity Fee Must Be Paid to the Water Department for /O Gallons Per Day, Equivalent Dwelling Units: . 3t
C Subject to Recalculation of Fee Prior to the IIss�suance of Building Permit.
Breakdown of Estunated Gallons Per Day 7
: 0/0 5
Cf➢RLCJCIL FRN q Vq
CITY OF AN BERNARDINO FIRE C ?ARTMENT Cu P
STANDARD REQUIREMENTS Case: �7
Date:
Reviewed By:
IENERAL REQUIREMENTS:
Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan check.
Contact the City of San Bernardino Fire Department at 1909) 3845388 for specific detailed requirements.
C The developer shall provide for adequate fire flow as computed by the Fire Prevention Bureau. Minimum fire flow requirements shall be based
an square footage, construction features,and exposure information supplied by the developer and must be available gnsr to placing combustible
materials on site.
`WATER PURVEYOR FOR FIRE PROTECTION:
q The fire protection water service for the area of this project 4 provided by:
San Bernardino Murcia! V/avr De^sr:-=^.! - 9, gi. erng 19011 3E 1.An9l
❑ East valley b'vater District-Engineering 1909) 888-8986
❑ Other Water Purveyor: Phone:
PUBLIC FIRE PROTECTION FACILITIES:
_'S, Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and multi-residential areas and at intervals not
t0 exceed 500 feet for residential areas.
`4q, Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas.
Minimum fire hydrant flow rates of 1.000 gpm at a 20 psi minimum residual pressure are required for residential areas.
Cl Fire flaw requirements may be met from the combined flow of two adjacent fire hydrants. Fire flow requirements may be adjusted, as deemed
appropriate by the Fire Department, based on individual site specific conditions and available mitigations.
❑ Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Department in conjunction with the water
Purveyor. Fire hydrant materials and installation shall conform to the standards and specifications of the water purveyor.
❑ Public fire hydrants, fire services, and public water facilities necessary to meet Fire Department requirements are the developer's financial
responsibility and shall be installed by the water purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor
indicated above for additional information.
ACCESS:
❑ Provide two separate. dedicated routes of ingresslegress to the property entrance. The routes shall be paved, all weather.
Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface of not less than 20 feet
of unobstructed width.
❑ Extend roadway to within 150 feet of all portions of the exterior wall of all single story buildings.
❑ Extend roadway to within 50 feet of the exterior wall of all multiple-story buildings.
❑ Provide 'NO PARKING" signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less than the required
width. Signs are to read "FIRE LANE-NO PARKING -M.C.Sec 15.16'.
• Dead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround.
• The names of any new streets ipulblic or private) shall be submitted to the Fire Department for approval.
SITE:
C All access roads and streets are to be constructed and usable prior to combustible construction.
❑ Private fire hydrants shall be installed t0 protect each building located more than 150 feet from the curb line. No fire hydrants should be within
40 feet of any exterior wall. The hydrants shall be Wet Barrel type, with one 2'/7 inch and 4 inch outlet, and approved by the Fire Department.
Fire hydrants shall be designated as a "NO PARKING- zone by painting an 8 inch wide, red stripe for 15 feet in each direction in front of the
hydrant in such a manner that it will not oe blocked by parked vehicles.
BUILDINGS:
Address numerals shall be installed on the ouilding at the front or other approved location in such a manner as to be visible from the frontage
street. Commercial and multi family address numerals shall be 6 inches tall,single family address numerals shall be 4 inches tall. The color
of the numerals shall contrast with the color of the background.
Identify each gas and electric meter with the number of the unit it serves.
'\
Fire Extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A 10B/C. Minimum
distribution of fire extinguishers must be such that no interior part of the building is over 75 feet travel distance from a fire extinguisher.
❑ Apartment houses with 16 or more units,hotels(motels)with 20 or more units,or apartments or hotels(motels)three stories of more in height
shall be equipped with automatic fire sprinklers designed to NFPA standards.
All buildings, other than residential, over 5,000 square feet, shall be equipped with an automatic fire sprinkler system designed to NFPA
standards. this includes existing buildings vacant over 365 days.
Submit plans for the fire protection system to the Fire Department prior to beginning construction of the system.
C Tenant improvements in all sprmklered buildings are to be approved by the Fire Department prior to start of construction.
Nliiil C Provide fire alarm (required throughout). Plan must be approved by the Fire Department prior to Start of installation.
Fire Department connection to isprtnkler system/standpipe system) shall be required at Fire Department approved location.
Note: The applicant must request. In writing, any changes to Fire Department requirements. n
ADDITIONAL INFORMATION: Kti Q , 1 —'�/ G ('C�S S -)
rPo 170 i It 9a
r LRDINO PLANNING &BUU DINT ERVICES DEPARTMENT
300 'D`mw=. SW MMVARDW. CA 92418. OW)39*-507
�W 2 B 1991 AGENCY COMMENT SHEET
np SAN gERNAP0ING& .. :JULY 18, 097
PROJEC'�TWfiIONAL USE PERMIT NO. 97-17& VARUNCE NO. 97-10 (Previous CDP
866)
DESCRIPTION: A request to construct additional buildings for an existing auto repossesion
business. A 4,800 square foot covered parking building is proposed for Phase I; a 2,105 square
foot auto storage building is proposed for Phase H;:and a 2,105 square foot auto storage building
is proposed for Phase M. Also requested is.a reduction in the north side yard:setback from 10 feet
to 5 feet. The property is a 38,200 square foot site in the IL, Industrial Light land use district.
LOCATION: (APN #136-132-01, 27: The site is located at the southwest comer of "D" Street and
Athol Street and has frontage on the west side of"D" Street, the south side of Athol Street and the
east side of Stoddard Avenue.
FROM: MARGARET PARK - ASSOCIATE PLANNER
THIS APPLICATION HAS BEEN FILED WITH THE CITY PLANNING AND BUILDING SERVICES
DEPARTMENT. PLEASE REVIEW THE ENCLOSED INFORMATION AND RETURN THIS SHEET
WITH YOUR COMMENTS AND/OR RECOMMENDATIONS WITHIN 21 DAYS OF RECEIPT OF
THIS FORM. IF WE RECEIVE NO COMMENT, WE WILL ASSUME NO CONCERNS.. KEEP THE
ATTACHMENT FOR YOUR FILES IF YOU SO DESIRE. This project M11 be reviewed by the
DRC on JULY 31, 1997.
THE FOLLOWING RECOMMENDATIONS APPLY TO THE ABOVE REFERENCED ITEM(S):
Prior to the construction of any residential, commercial, or —
industrial project, school facility fees as established by
the Board of Education shall be paid to the San
Bernardino City Unified School District.
San Bernardino City
Unified School District July 23 , 1997
(SIGNATURE) (AGENCY) (DATE)
January 27, 1999
Honorable Mayor and Members of the Common Council
300 North "D" Street
San Bernardino, California 92418
Dear Mayor and Council:
A request for a continuance in regards to the Hearing being held on
February 1 , 1999 is requested.
The hearing references the Appeal of the Planning Commission
approving of Conditional Use Permit No. 97-17 and Variance No. 97-10.
Enclosed/attached is the required fee of $75.00 in the form of our check
numbered 21928.
If further information is required, please contact the undersigned or our
attorney of record, Mr. Bill Lemann. His telephone number is (909) 889-
3691 .
Thank you for your consideration.
Sincerely,
Michael P. Allen
P. O. Box 5411
San Bernardino, California 92412-5411
(909) 825-8545 731
r
n
cc: Mr. Bill Lemann �
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R A C H E L C L A R K
C I T Y C L E R K
February 5, 1999
Mr. John Jensen
Western Door
444 Athol Street
San Bernardino, CA 92401
Dear Mr. Jensen:
At the meeting of the Mayor and Common Council/Community
Development Commission held on February 1, 1999, the following
action was taken regarding your appeal of a 90-day extension of
time for Conditional Use Permit No. 97-17 and Variance No. 97-10,
A & B--a proposal to permit an impound vehicle storage yard and
establish reduced side yard setbacks at 206 South 11D" Street :
(Note : Please refer to the enclosed Council Summary
pages 5-7 for the action approved by the Mayor and Common
Council . )
If we can be of further assistance, please do not hesitate to
contact this office .
Sincerely,
1 :
-ham
Rachel G. Clark, CMC
City Clerk
CC : Mike Hays, Director, Development Services
Michael & Brenda Allen w/enclosure
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