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HomeMy WebLinkAbout18- Planning & Building Services a. . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Al Boughey, Director Subject: Appeal of the Planning Commission's denial of Variance No. 95-05 and Development Permit, Type 2, No. 95-06. Dept: Planning & Building Services Date: November 16, 1995 MCC Date: December 4, 1995 Synopsis of Previous Council Action: N/A NOV 22'.95 AM 8:28 Recommended Motion: That the hearing be closed and that the Mayor and Common Council approve the appeal of Variance No. 95-05 and Development Permit, Type 2, No. 95-06 as amended (Exhibit 3) based on the Findings of Fact (Attachment E of the Planning Commission Staff Report) and subject to the Conditions of Approval (Attachment G of the Planning Commission Staff Report) and Standard Requirements (Attachment H of the Planning Commission Staff Report). Al Contact person: Al Boug_hey Phone: 384-5357 Supporting data attached: Planning Commission Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) N/A Finance: i �ouncil Notes: ia/yl4,s' Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: VARIANCE NO. 95-05 AND DEVELOPMENT PERMIT, TYPE 2, NO. 95-06 OWNER: Chapel Medical Clinic APPLICANT: Ray Martinez, A.I.A. Dr. Chambri, M.D. 820 Sessums Dr. 9739 California Ave. Redlands, CA 92374 South Gate, CA 90280 REQUEST/LOCATION: The applicant is appealing the Planning Commission's denial of a request to: 1) locate a 700.5 square foot building on an existing industrial lot to be used as a medical office; 2) conceptually approve a 863 square foot addition; 3) reduce side and rear setbacks from 10 feet, respectively, to zero feet; and 4) to reduce the number of required parking spaces from 10 spaces to eight in the OIP, Office Industrial Park land use district. The 7,200 square foot site is located on the north side of Central Avenue approximately 288 feet east of Waterman Avenue. KEY ISSUES: The key issues are as follows: • The Development Code requires minimum side and rear setbacks of 10 feet in the OIP, Office Industrial Park land use district. The applicant is seeking a variance to permit zero foot setbacks along the rear and sides of the property. • The Development Code requires a minimum of 10 parking spaces for the first 2,000 square feet of building plus one additional space per each 175 square feet over the initial 2,000 square feet. The Development Code thus requires a minimum of 10 parking spaces for this development. The applicant is requesting a variance to reduce the number of parking spaces to eight. • Staff recommended approval of an alternate site plan (included as Exhibit 3). This alternate plan would meet setback requirements by reducing the intensity of the development. This alternate site plan would allow for the placement of the 700.5 square foot structure and a approximate 120 square foot addition (a total development of approximately 820 square feet, not 660 square feet as identified in the Appeal Letter, Exhibit 7). In addition, this alternate would support the variance for the reduction in number of parking spaces. • The Planning Commission denied the applicant's request as well as staff's recommendation. A letter opposing the proposal is included in the October 3, 1995, Staff Report to the Planning Commission as Attachment I. An additional letter supporting the amended site plan is included as Exhibit 6. Please see the analysis and attachments contained in Exhibit 4, Staff Report to the Planning Commission. Appeal of Planning Commission's Decision VAR 95-05 and DP2 95-06 December 4, 1995 Page 2 ENVIRONMENTAL: Variance No. 95-05 and Development Permit, Type 2, No. 95-06 have been determined to be categorically exempt (Class 3 Exemption) from the provisions of the California Environmental Quality Act (CEQA) under Section 15303 of the CEQA guidelines pertaining to the construction of small commercial structures. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed Variance No. 95-05 and Development Permit, Type 2, No. 95-06 on October 3, 1995, and recommended that the project be continued to allow staff time to prepare Findings of Fact for the denial of this proposal. The proposed project was again presented to the Planning Commission on October 17, 1995, and denied. The Planning Commission felt that the applicant's proposal, as well as staffs recommendation, were too intense and could not make the findings of fact for approval. The Planning Commission voted 3-2 to deny Variance No. 95-05 and Development Permit, Type 2, No. 95-06 based upon the attached Findings of Fact (Exhibit 5). Commissioners in favor of denial: Brue, Hamilton, Strimpel. Commissioners in favor of staffs recommendation: Thrasher and Traver. Commissioners Gonzales and Stone abstained from this item. OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and Common Council may: 1. Approve the appeal of Variance No. 95-05 and Development Permit, Type 2, No. 95-06 as amended (Exhibit 3) based on the Findings of Fact (Attachment E of the Planning Commission Staff Report) and subject to the Conditions of Approval (Attachment G of the Planning Commission Staff report) and Standard Requirements (Attachment H of the Planning Commission Staff Report); or 2. Approve the appeal of Variance No. 95-05 and Development Permit, Type 2, No. 95-06 (as proposed by the applicant) based on the Findings of Fact (Attachment E of the Planning Commission Staff Report) and subject to the Conditions of Approval (Attachment G of the Planning Commission Staff report) and Standard Requirements (Attachment H of the Planning Commission Staff Report; or 3. Deny the appeal of Variance No. 95-05 and Development Permit, Type 2, No 95-06 based on the Findings of Fact attached as Exhibit 5. STAFF RECOMMENDATION: Staff recommends that the Mayor and Common Council approve the appeal of Variance No. 95-06 and Development Permit, Type 2, No. 95-06 as amended(Exhibit 3)) based on the Findings of Fact (Attachment E of the Planning Commission Staff Report), subject to the Conditions of Approval (Attachment G of the Planning Commission Staff Report) and Standard Requirements (Attachment H of the Planning Commission Staff Report). Appeal of Planning Commission's Decision VAR 95-05 and DP2 95-06 December 4, 1995 Page 3 Prepared by: SCOTT D. DONAGHE, Assistant Planner For: AL BOUGHEY, Director, Planning and Building Services EXHIBITS: 1. Location Map 2. Applicant's Proposed Site Plan 3. Staff s Amended Site Plan 4. Planning Commission Staff Report Attachments: A - Location Map B - Proposed Site Plan C - Amended Site Plan D - Development Code Conformance Table E - Findings of Fact F - Applicant's Findings of Fact G - Conditions of Approval H - Standard Requirements I - Opposition Letter from Sierra Hardware 5. Findings of Fact for Denial 6. Letter from Sierra Hardware Supporting Amended Site Plan 7. Appeal Letter Dated October 31, 1995 CITY OF SAN BERNARDINO PLANNING AGENDA AND BUILDING SERVICES DEPARTMENT ITEM # CASE LOCATION HEARING DATE 4 tNT O TA W AM U r LL-4 V t t t � t = -tmj i 1 ENNI T 1 J PIONEER S 2 v I / \I , L f i el.s• Of ^VAL I� ♦ IL a r sMS I ' OAR 0 ■O &R O f R 0 r • ` ST. tr VICTORIA 1 � / RA R OT BRIER s M 2^OF a- EXHIBIT 1 PWi-!.1 t PAGE t OF 1 IsgO► APPLICANTS PROPOSAL I _ t O - 1 L 1 a m 21, st as = ? 1� # / s Eim `=O-b r0 cwd owl chm EXHIBIT 2 `�.,._. ..,,.�. STAFF'S AMENDED PROPOSAL required 10'-0" Setback Possible New Addition ' . '• - J (Approx. 120 sq. ft.) ' • - - • . ``` `` •.• required 10'-0' setback landscaping (tYP•) • u a . North • Central Avenue EXHIBIT 3 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Variance No. 95-05 & Development AGENDA ITEM: 2 Permit (Type 2) No. 95-06 HEARING DATE: 10-3-95 WARD: 1 APPLICANT: OWNER: Chapel Medical Clinic Same Ebenezer Chambri, M.D. 9739 California Avenue South Gate, CA 90280 REQUEST / LOCATION - A request to: 1) locate a 700.5 square foot building on an existing industrial lot to be used as a medical office; 2) conceptually approve a proposed 863 square foot addition; 3) reduce side and rear setbacks from 10 feet, respectively, to 0 feet; and 4) to reduce the number of required parking spaces from 10 spaces to 8 in the OIP, Office Industrial Park land use district. ----------------------------------------------- ----------------------------------------------- EXISTING LAND USE PROPERTY LAND USE DESIGNATION SUBJECT Medical Office OIP, Office Industrial Park NORTH Office/Parking OIP, Office Industrial Park SOUTH Single Family Residential OIP, Office Industrial Park EAST Vacant/Residential OIP, Office Industrial Park WEST Office/Parking OIP, Office Industrial Park GEOLOGIC/SEISMIC YES ❑ FLOOD HAZARD YES ❑ SEWERS: YES ■ HAZARD ZONE: NO ■ ZONE: NO ■ NO ❑ HIGH FIRE HAZARD YES ❑ AIRPORT YES ❑ REDEVELOPMENT. YES ❑ ZONE: NO ■ NOISE/CRASH NO ■ PROJECT AREA: NO ■ ZONE: ENVIRONMENTAL FINDINGS: STAFF RECOMMENDATION: • Not Applicable ❑ E.I.R. w/ Significant ■ APPROVAL • Exempt Effects • No Significant ■ CONDITIONS effects ❑ Significant Effects, • Potential Effects, See Attached E.R.C. ❑ DENIAL Mitigating Minutes Measures, ❑ CONTINUANCE No E.I.R. TO: EXHIBIT 4 VAR 95-05 & DP2 95-06 Agenda Item#2 Hearing Date: October 3, 1995 Page 2 RMUEST AND LOCATION Under authority of Development Code Chapters 19.44 and 19.72 the applicant is requesting a Development Permit to allow for the relocation of a structure to an industrial lot and the conceptual approval of a proposed addition. In addition, the applicant is requesting a variance to permit the reduction of the side and rear setbacks from 10 feet to 0 feet, respectively, and to reduce the number of required parking spaces from 10 to 8. The subject site is located on the north side of Central Avenue approximately 288 feet east of Waterman Avenue in the OIP, Office Industrial Park land use district (Attachment A). Staff is recommending consideration of an amended site plan (Attachment C) that meets setback requirements, but still requires the approval of a parking variance. The amended site plan would also allow for a minor addition to the relocated building. BACKGROUND The subject site, approximately 7,500 square feet in size, is currently vacant. A commercial motel was developed on the site but was required to be demolished in 1980. The owner complied and the structure was removed by November 11, 1982. On April 12, 1995 the applicant submitted the application for Development Permit, Type 2, No. 95-06 and Variance No. 95-05. The Development/Environmental Review Committee (D/ERC) reviewed this project on May 4, 1995, and cleared this item to the Planning Commission, with the condition that the applicant work out Building Code details relative to firewalls and parapets for construction on the property line. CALIFORNIA ENVIRONMENTAL QUALITY ACT STATUS Variance No. 95-05 and Development Permit, Type 2, No. 95-06 have been determined to be categorically exempt (Class 3 Exemption) from the provisions of the California Environmental Quality Act (CEQA) under Section 15303 of the CEQA guidelines pertaining to the construction of small commercial structures. GENERAL PLAN AND DEVELOPMENT CONSISTENCY The OIP, Office Industrial Park land use designation intends to "establish the Waterman Avenue corridor and other appropriate areas as distinctive office industrial parks and corporate centers serving City and regional needs. Supporting retial/commercial services may be located in Corporate Office Industrial Park structures." The OIP, Office Industrial Park land use district permits the establishment of a medical office with the approval of a Development Permit, Type 2. The General Plan contains a policy stating: VAR 95-05 &DP2 95-06 Agenda Item#2 Hearing Date: October 3, 1995 Page 3 It shall be the policy of the City of San Bernardino to permit "a diversity of corporate office, light manufacturing, research and development, and supporting retail service uses in area designated as "Office Industrial Park". The General Plan goes further in requiring that all structures and sites be designed to convey visual interest and character and be compatible with their adjacent uses; including: the extensive use of landscaping along the building street frontage and on-site (Policy 1.31.31) and the mitigation of noise, odor, lighting, and other impacts attributable to the use. The proposed use is consistent with the policies of the General Plan. Section 19.06.030 (Table 06.02) of the Development Code defines standards for the development of a structure within the OIP, Office Industrial Park land use district. Standards such as: setbacks, maximum height, maximum lot coverage and gross lot area are set forth in this section. The proposed project meets the requirements of the Development Code (Attachment D) with the exception of the variance for the reduction in parking and side and rear setbacks. With the amended site plan (Attachment C) the proposed application would meet the setback requirements, but would still require a variance for the reduction of the required parking spaces. CONiM[ENTS RECEIVED A letter of opposition was received from Sierra Hardware (Attachment 1). No additional comments were received as of the date of this staff report. PROJECT CHARACTERISTICS Surrounding Area The subject property is located on the north side of Central Avenue approximately 288 feet east of Waterman Avenue. Immediately to the north and west of the subject site is a large commercial office/industrial press company also within the OIP, Office Industrial Park land use district. To the east of the subject property is a vacant parcel and several single family residences within the OIP, Office Industrial Park land use designation. To the south, across Central Avenue, are single family residences located in the OIP district as well. ANALYSIS Variance No. 95-05 Side and Rear Setbacks The Development Code requires a minimum side and rear setback of 10 feet in the OIP, Office Industrial Park land use district. As proposed the applicant is requesting a variance VAR 95-05 &DP2 95-06 Agenda Item#2 Hearing Date: October 3, 1995 Page 4 that would allow the building, and the future proposed addition, on the side and rear property lines. Variances to differ from the requirements of the Development Code can be granted when the property owner would otherwise suffer unique hardship, other than economic, under the Development Code. Unique hardships can occur when one property is different than other adjoining properties to which the same standards apply due to size, shape, topography or location. Required setbacks are established for each land use district to protect the public health, safety and general welfare. For example, by providing a setback, between a building and the property line the land use authority is reducing the impacts of one property on another. These impacts could include accessibility during emergencies, non-compatible use impacts (noise, lighting, etc.) as well as visual impacts. In this particular situation, no unique hardship can be determined which would justify the applicant's request to build out to the lot lines. The Findings of Fact, submitted by the applicant (Attachment F), do not discuss a unique hardship relative to the reduction of side and rear setbacks. The property is approximately 7,500 square feet in size, but this is not a unique hardship. The proposal with the 863 square foot addition is too intensive for the site. With either a reduction in size of the proposed addition (as detailed in Attachment F), or elimination of the addition, the applicant could meet the setback standards as prescribed by the Development Code. By centering the relocated building, thus meeting the rear and side setback requirements, it can be demonstrated that the applicant still has viable use of the property. Therefore, reducing the required setbacks is not the preferred resolution of this proposal. Parking The Development Code requires 10 parking spaces for the first 2,000 square feet of a medical office as detailed in Section 19.24.020. Since the proposed 700.5 square foot building, as well as the 863 square foot addition, falls within this first 2,000 square feet it requires 10 parking spaces. The applicant is seeking a variance to reduce the number of required parking spaces from 10 parking spaces to 8. Due to the size of the subject property, approximately 7,500 square feet, 10 parking spaces cannot be designed to fit on the site within the requirements of the Development Code. The existing property is 150 feet deep, however, 10 parking spaces would require 98 (including the handicapped loading area) feet as required in Chapter 19.24 of the Development Code. This added to the 20 foot front, and 10 rear, setback would then allow for the establishment of a building that is a maximum of 22 feet deep. The proposed relocated building is approximately 36'-6" deep and could not be located on this site along with the 10 required VAR 95-05 & DP2 95-06 Agenda Item#2 Hearing Date: October 3, 1995 Page 5 parking spaces. While the Development Code requires a minimum of 10 spaces for any medical office from 1 to 2,000 square feet, Staff feels that this may be excessive for a 700.5, or approximately 820 (after a small addition), square foot structure. Since the proposed medical office square footage is actually less than half of the 2,000 square foot maximum (as far as the 10 spaces for the first 2,000 square feet of medical office) Staff believes that approval of the variance is appropriate. By conceptually approving the proposed 863 square foot addition to the relocated building, further intensity would be levied on parking that is clearly substandard in number. Staff is recommending that the variance for the reduction in number of required parking spaces be approved, but only in conjunction with the redesign of the site (Attachment Q. This redesign of the site would meet the 10 foot required rear and side setbacks and provide for a small addition of 120 square feet that would minimally effect the intensity of the use and parking- CONCLUSION The proposal to relocate a structure to be used as a medical office, with conceptual approval of an 863 square foot addition and approval of a variance for the reduction of side and rear setbacks as well as number of required parking spaces meets the policies as set forth in the General Plan. The findings (Attachment F) as prepared by the applicant do not support the granting of a variance for the reduction of side and rear setbacks from 10'-0" to 0'. However, staff has designed an alternative (Attachment C) to the original project, which will meet the setback requirements and only require a variance for the number of required parking spaces. Staff believes that this is a superior design, in that it meets the side and rear setbacks and provides for a 10'-0" landscaped buffer between this property and those adjacent to it. By not significantly adding additional square footage (approximately 120 sq. ft. as opposed to 863 sq. ft.) a reduction in required parking spaces could be approved without negative impacts. With the amended site plan (Attachment C) the project can meet the standards as set forth in both the General Plan and the Development Code, with the exception of the number of required parking spaces. Staff's conclusion is that the proposal, as amended, would be compatible with the surrounding properties and will not result in an adverse impacts pending adherence to the Conditions of Approval (Attachment E) and Standard Requirements i (Attachment F). t VAR 95-05 & DP2 95-06 Agenda Item#2 Hearing Date: October 3, 1995 Page 6 RECOMMENDATION Staff recommends the Planning Commission: 1. Approve Variance No. 95-05 and Development Permit No. 95-06 as amended (Attachment C) based on the Findings of Fact (Attachment E) and subject to the Conditions of Approval (Attachment G) and Standard Requirements (Attachment H). Respec Submitted, MICHAEL E. HA fS irector of Planning and Building SCOTT D. DONAGHE Assistant Planner ATTACHMENTS: A - Location Map B - Proposed Site Plan C - Amended Site Plan D - Development Code Conformance Table E - Findings of Fact F - Applicant's Findings on Fact G - Conditions of Approval H - Standard Requirements I - Opposition Letter from Sierra Hardware CITY OF SAN BERNARDINO PLANNING AGENDA AND BUILDING SERVICES DEPARTMENT ITEM # CASE LOCATION HEARING DATE i SM -WIPOTO FIE IT -91F wo 0 pt W = 1 Z t t S y t — T h = i Elldl T � PIONEER 0#1000 0 O 2 2 ✓, !L r` Ir b f s 1 •AR t RRAROfRO O Y S eT. 11r � 0 0 L F L�J VICTORIA jaie row 0 � RAR OT BRIER R M Wpi jet f �� � Y-M����•Y r � °"° '"' � 1"m awAm 4TTACHMENT A PLAN-8.1 I PAGE I OF 1 (a 90) A i ! r J t V n � 2 i t ! � I � Y I � i.ss ? 'A 1 . > >123 WL- 3 •-, ii N � ATTACHMENT B required 10'-0" setback Possible New Addition • . :' - (Approx. 120 sq. ft.) • • - . • ,. required 10'-0" setback landscaping (typ•) • U o •• • • North ! 1.`201-0. LI Central Avenue ATTACHMENT C ATTACHMENT D GENERAL PLAN AND DEVELOPMENT CODE CONFORMANCE TABLE Variance No. 95-05 & Development Permit, Type 2, No. 95-06 F TEGORY PROPOSAL DEV. CODE GENERAL PLAN sed Use Medical Office Allowed in the OIP, Permitted under Office Industrial Policy 1.31.31 of land use district. the General Plan. Required Parking 8 spaces (with the 10 spaces N/A approval of Variance No. 95-05) Landscaping approximately 20% 15% of required N/A of site parking area. Setbacks N/A [Rear::::.::....:................ 20'-0" 20'-0" minimum ront 0%0" 10'-0" minimum des 0'-0" 10'-0" minimum Setbacks If Front 20'-0" 20'-0" minimum Sides 10'-0" 10'-0" minimum Rear 10'-0" 10'-0" minimum ATTACHMENT E FINDINGS OF FACT Variance No. 95-05 & Development Permit, Type 2, No. 95-06 variance No. 95-05 1. There are special circumstances applicable to the property that would warrant the reduction in number of required parking spaces in that the lot is physically too small to house the proposed development and 10 standard parking spaces. However, the square footage of the proposed relocated building is nearly half of the 2,000 square foot maximum that requires a minimum of 10 spaces. The reduction of the number of required parking spaces would provide the applicant the opportunity to use the property as other properties in the vicinity under the same land use classification are used. 2. The applicant has demonstrated that the subject property is deprived of a right enjoyed by others in the immediate area. The lot is not large enough to house a 10 space parking lot and the proposed building. The number of required parking spaces, as compared to the square footage of the relocated structure, is excessive and it's reduction is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district. 3. The granting of this variance request 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 building would meet the Uniform Building Code, Uniform Electrical and Uniform Fire Code prior to occupation. City Building and Safety Staff shall verify that all improvements have t been made prior to issuance of a Certificate of Occupancy. 4. The granting of this variance request does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which the subject property is located. Granting of this variance would not constitute a special privilege in that excessive parking requirements would prevent this property from being developed. 5. The granting of this variance request does not allow a use that is not otherwise expressly authorized by the regulations governing the subject parcel. Medical offices are a permitted use in the OIP, Office Industrial Park. 6. The granting of this variance is not inconsistent with the General Plan. The plan as amended will be consistent with the policies, objectives and goals of the General Plan. Development Permit, Type 2, No. 95-06 1. The proposed use is permitted within the OIP, Office Industrial Park land use district and complies with all of the applicable provisions of this Development Code, including prescribed development standards and design guidelines. The approval of A the associated variance will bring this project into conformance with all provisions of the Development Code. 2. The proposed development, as amended, is consistent with the General Plan in that it would meet the policies as set forth for the OIP, Office Industrial Park land use ' district. 3. The medical office will be harmonious with surrounding land uses, in that it is adjacent to a commercial office to the west and north and is completely surround by land with similar land use requirements. Furthermore, standard requirements such as setbacks, landscaping requirements, etc. will mitigate any further impacts on surrounding properties. 4. The approval of the Development Permit for the proposed development is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code, in that it was reviewed and determined to be exempt from the provisions of the California Environmental Quality Act. 5. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use is not detrimental to public health and safety. All utilities for the site are currently existing and shall not be detrimental to public health and safety in that they exist already. 6. The proposed project is located along Central Avenue a secondary arterial. Its location along with its on-site design provide adequate public access to serve the subject proposal. 7. The proposed location, size, design, and operating characteristics of the requested use are not detrimental to the public interest, health, safety, convenience or welfare of the City, in that the proposed relocated structures impacts will be mitigated by meeting all applicable building and development codes. ALLAPPLICATIONS FORA VARIANCE MUST INCLUDE A WRITTEN RESPONSE TO EACH OFTHE FOLLOWING ITEMS IN ORDER TO CLEARLY ESTABLISH THE taM FOR THE VARIANCE. PLEASE ANSWER ALL ITEMS DIRECTLY ON THIS SHEET. A. There are special circumstances applicable to the property, includi ng size, sh ap e, to pography, 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; 7ME 1-7C.1 STl NC, L.EG A�- LOT fq GrA I S 71,cps gQ F'T , T E,X1 STI rYG-1 MIN- L07 S4245-' FpTL -T�It✓ 5(r ST/NGr z jE O.L.P. i np yl ENT r-crI T w S Tape Ot= ��I U4t_ G—YELQOY1�EPVT l S 10 SEFte✓5 QUE"SIZE op TFE ESC/ST/NG� LOT, T14E ggallt2�_ME'"T OF (O ,(L,D L ,4rJF uTT r?pi+s 4 XL Natt r Y)I NCn ��P(.a0/YIi IT B. That granting the Variance is necessary for the preservation and enjoyment of a substantial Possessed by other property in the same vicinity and land use district and denied to the property right Variance is sought; ProPonY which the _IE PA R.iGtNCA QEflr! na,.��N't' �Bu 1.r0 P2P_t) NT 114r— TN(S C. That granting the Variance will not be materially detrimental to the to the property or improvements in such vicinity and land use district' t public n which the property,is located; injurious t�IN ER IS W e,Ecew Th 2►ow 640 FT. UJI41C,t-4 T14E ID YJNG SP l5 Q �ll12f✓D Pin '�Q Q^4-10 P'gTI EN Ts ARU-0 IN 3PAF+rnS w(u aQ E©uAr-r- "`°�"� ATTOC_NIUCKrT r C. That granting the Variance does not constitute a special privilege inconsistent with the limitations u properties in the vicinity and land use district in which such Pon other property is boated; ,PUI✓ -M 2EQc. eeo 152E r-F !VZ PE-al .t 9-s Sao SQ PT ttu41(,w l5 7S QF 714I✓ M I n LOT Sl z E l`af1 TAe F►riSr,Nai E Pt2aJlDe P, OAa?JC,NG, sPAe.Es ww4 ai4 is 8U 02o rp -n 4E to Gi90:gj ar, SPAr�e t?�►i i n�,� roll 1 -ks Tpwr o;= Ms30t014fJ a2 a,�,�mEnl r E. That granting the Variance does not allow a use or regulations govemi the subject a oth°^ °expressly authorized by the ML's► 1°ct Parcel: F. That granting the Variance will not be inconsistent with the General Plant. t�E m EIDc c�c.. A�l�t.o�m�r�t-r Fns �Pt�� ►� t9u���� Ln I isnNCr, T7.19, ING, - a Pl IW M SAME A K. .e w. ATTACHMENT G CONDITIONS OF APPROVAL FOR Variance No. 95-05 & Development Permit, Type 2, No. 95-06 PLANNING/BUELDING DIVISIONS 1. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null an void. Projects may be built in phases if preapproved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to have occurred or the permit/ approval shall become null and void. Project : Variance No.95-05 & Development Permit, Type-2, No. 95-06 Expiration Date : October 2, 1997 2. The review authority may, upon application being filed 30 days prior to the expiration. date and for good cause, grant one time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development s Code provisions. 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 attorney's fees which the City may be required by the court to pay as a result of such action, but such participation shall not relieve the applicant of his obligation under this condition. - 4. Construction shall be in substantial conformance with the plans approved by the Planning Commission. Minor modification to the plans 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. t _ 5. 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 of Occupancy. 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. 6. Prior to the issuance of a Certificate of Occupancy, the landowner shall file a maintenance agreement or covenant and easement to enter and maintain, subject to the approval of the City Attorney. The agreement or covenant and easement to enter and maintain shall ensure that if the landowner, or subsequent owner(s), fail to maintain the required/installed site improvements, the City will be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance. 7. 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 a wall or structural element, blending with the building design and include landscaping when on the ground. A sign program for all new commercial, office and industrial centers of three or more tenant spaces shall be approved by the Department prior to the issuance of a Certificate of Occupancy. This requirement also includes any applicable Land Use District Development . Standards for industrial developments regarding minimum lot area, minimum lot depth and width, minimum setbacks, maximum height, maximum lot coverage, etc. 8. This development shall be required to maintain a minimum of 8 standard off-street parking spaces as shown on the approved plans on file. 9. All parking areas shall have lighting capable of providing 1 foot candle across the surface of the entire parking area. 10. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: A. Building Services Division of the Planning and Building Services Department B. Public Works (Engineering) Department C. Fire Department D. Water Department E. Parks, Recreation & Community Services Department STANDARD REQUIREMENTS BUILDING AND SAFETY DIVISION 1. Submit plans prepared by a Registered Architect, Civil or Structural Engineer. 2. Submit State of California Title 24 Energy Calculation Forms for non-residential buildings including a signed compliance statement. 3. Submit calculations and structural drawings, prepared by a Registered Civil Structural Engineer or Architect for the existing floor. 4. Submit four (4) complete sets of construction plans including: (a.) Copy of conditions (3 copies). (b.) Energy Calculations (3 copies). i (c.) Structural calculation Q copies). 5. 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 1991 Uniform Building Code. 6. Provide a plot plan showing the location of the proposed sewer system. 7. Show compliance with Title 24 for disabled access. 8. City of San Bernardino named as certificate holder for Worker's Compensation Insurance. 9. Assessor's Parcel Number. 10. Contractor's City license. 11. Contractor's State license. 12. Sewer capacity rights from Water Department, 384-5093, Neil Thomsen. 13. School fees from Unified School District, 381-1179. 14. Other: Plan Check time is annroximately 5 to 6 weeks Ex ditious Plan Check time is annroximately 2 to 2 1/2 weeks Contact Buildingr Safe for Wssible x itious plan check at 384-5071 ATTACHMEM H r 15. Deposit: Please contact Development Services for plan check fees prior to submittal of project at (909) 384-5071. 16. Inspection of building required prior to relocation. Contact the Planning and Building Services Department for the proper application. !� STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. DP//95--09 CITY ENGINEER & VAR 95-05 DESCRIPTION: CHAPEL IVED/CAL HEARING DATE OFF/CE 901LD/NG AGENDA ITEM LOCATION: __A10,RTHS 1DE0FCENTRA1 HEARING DATE 290 FEET EAST OF WA 7' fIU4 A VENUE PAG E NO a 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 j 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. A"Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 5 acres of more of land. s C) An Erosion Control Plan shall be approved by the City Engineer prior to grading plan approval. 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 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 5111195 STANDARD REAL+4RE!VjiENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO_ OP//95-09 fT II,. Y ENGINEER DESCRIPTION: CHAPEL MED/CAL HEARING DATE OFF/CF&&,O/NG AGENDA ITEM LOCATION: NORTH SIDE OFCEA'TRAL HEARING DATE 290 FEET EAST OF WA TEflti1ANA(/ENl1E 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 or 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) The on-site Improvement Plan shall be approved by the City Engineer. Site Design shall comply with all requirements of The California Building Code, Title 24, relating to handicap parking and accessibility, including retro- fitting of existing building access points for handicap accessibility, if applicable. f) 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. 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). Page 2 5/19/95 STANDARD REQUIREMENTS DEPARTMENT QF PUBLIC WORKS/ CASE NO. DPW 95-09 CITY ENGINEER 1/,4R 95-05 DESCRIPTION: Q, AI REL MED ICAL HEARING DATE OFF/CEBU1Z01A1G AGENDA ITEM LOCATION: NORTH 1,0EOFCE/VTRAL HEARING DATE 290 FEETEAST OF WATERWANAVENUE PAGE NO: b) Each parcel shall be provided with separate water and sewer facilities so it can be served by the City or the agency providing such services in the area. c) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. 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 Imarovement and Dedications a) All public streets within and adjacent to the development shall be improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks and appurtenances, including, but not limited to traffic signals, traffic signal modifications, relocation of public or private facilities which interfere with new construction, striping, shall be accomplished in accordance with the City of San Bernardino "Street Improvement Policy" and City "Standard Drawings", unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures". Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. Page 3 5111195 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASF NO__ DP//9_5-09 CITY ENGINEER & i1;4F' S5-� DESC. ,IPTiON: HEr-%—FUNG DATE OF 9411L DING AGENDA ITEM LOCATION: WR7hf- OF CENTRAL HEARING DATE 290 F,E57 TOFWATERti1 ANA IiENL/E PAGE NO: b) For the streets listed below, dedication of adequate street right-of way (R.W.) to provide the distance from street centerline to property line and r)lacement of the curb line(C.L.) in relation to the street centerline shall be as follows: • Street Name Right-of-Way(ft.) Curb Linef ft) Central Avenue 44' (2.75' Additional) 32' c) Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the Director of Public Works/City Engineer. d) Construct sidewalk adjacent to the site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). e) Construct Driveway Approaches per City Standard No. 204, Type II, including Handicap by-pass. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. f) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2, if the pattern (200' staggered across street) would result in a light required along the frontage of this property. 5. Required Engineering Permits e a) Grading permit(If applicable.). Page 4 5/11/95 S"f ANDARD REQ IRE IENTS I� I PARTMIENT OF BLIC WORKSi CASE NO. //95 06 CITY ENGINEER & VA17 9a-05 DES Z.:r;ii TiON: CHAFa A452 624L HEARING DATE 0FF 10E,64&01NG AGENDA ITEM LOCATION: /ti'ORTH SIDE OFCE'YTR..=`� REARING DATE F 290 FEE TE,4STOFI�Y.4TER�t�4N�'t/NUEPAGE NO: b) On-site improvements construction permit(except buildings - see Planning and Building Services), including landscaping. C) Off-site improvements construction permit. 6. Applicable Er,ciineering Fees' a) Plan check and inspection fees for off-site improvements - 4% and 4% respectively, of the estimated construction cost` 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 costa 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. a d) Drainage fee in the approximate amount of $ 1 ,698 . Based on 7.500 Square Feet c@ $ 0.374 per square foot for the first 3,000 square feet of lot area, then $ 0.128 per square foot of impervious lot area or fraction thereof. All Fees are subject to change without notice. `Estimated Construction Cost for Off-site improvements is based on a list of standard unit prices on tale with the Department r­'Publir Workstcity 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 5111195 STANDARD REQUIRE N1 END'S I I DEPARTMENT OF PUBLIC VVvRKS/ CASE NO. DA//,9S OFi I CITY ENrafN`FQ u y;4,7 95175 DESCRIPTION: Ch(APEL MED/CAL HEARING DATE OFF/CE&IILD/NG AGENDA ITEM LOCATION: AVETHS/DEOFCENTRAL HEARING DATE 90 F Z7ETEASrO.,c- ER,ueni !/E/VL/E PAGE NO- e) Traffic system fee. Exact amount shall be determined by the City Traffic Engineer at time of application for Building Permit. f) Sewer Connection fee in the approximate amount of 211- . Based on 1 ,564 Square Feet of Bldg Area @ $ 211.34 per 3,000 square feet or fraction thereof. g) Sewer inspection fee in the amount of 18 Based on 1 connection 17.82 per connection. h) Street or easement dedication processing fee in the amount of 200.00 per document. Page 6 5/1 7195 s CITY OF Si -ERNARDINO FIRE DES( WENT STANDARD REQUIREMENTS Case: DaT Date: S y)-��yS Reviewed By: GENERAL REQUIREMENTS: I Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan check. W Contact the City of San Bernardino Fire Department at (909) 384-5388 for specific detailed requirements.— 3 The developer shall provide for adequate fire flow as computed by the Fire Prevention Bureau. Minimum fire flow requirements shall be based on square footage, construction features, and exposure information supplied by the developer and must be available prior to placing combustible materials on site. NATER PURVEYOR FOR FIRE PROTECTION: The fire protection water service for the area of this project is provided by: • San Bernardino Municipal Water Department- Engineering (909) 384-5391 East Valley Water District - Engineering (909) 888-8986 • Other Water Purveyor: Phone: DUBLIC FIRE PROTECTION FACILITIES: 3 Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and multi-residential areas and at intervals not to exceed 500 feet for residential areas. 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. 7 Fire flow 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. IiCCESS: I Provide two separate, dedicated routes of ingress/egress to the property entrance. The routes shall be paved, all weather. I 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. I Extend roadway to within 150 feet of all portions of the exterior wall of all single story buildings. 'xtend roadway to within 50 feet of the exterior wall of all multiple-story buildings. wide "NO PARKING" signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less than the required dth. Signs are to read "FIRE LANE-NO PARKING -M.C. Sec 15.16". mead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround. The names of any new streets(public or private) shall be submitted to the Fire Department for approval. ITE: All access roads and streets are to be constructed and usable prior to combustible construction. Private fire hydrants shall be installed to 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%inch and 4 inch outlet, and approved by the Fire Department. Fire Hydrants shall be designated as a "NO PARKING" zone by painting an B inch wide, red stripe for 15 feet in each direction in front of the hydrant in such a manner that it will not be blocked by parked vehicles. UILDINGS: Address numerals shall be installed on the building 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 108 1C. 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 or 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 180 days. Submit plans for the fire protection system to the Fire Department prior to beginning construction of the system. Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to start of construction. Provide fire alarm (required throughout). Plan must be approved by the Fire Department prior to start of installation. uBC /009 Fire Department connection to (sprinkler system/standpipe system) shall be required at Fire Department approved location. te: The applicant must request in/writing, any changes to Fire Department requirements. )DITIONAL INFORMATION: /�1���`AL �r S fife/itJ(T S G R G i c 9 L 4 R r 1IT S;Y" .mac T Qt- Lc-'T s 7roft. _ W6-11;7-,11!- 1 ,-ArG F` ,aL DG L--X re 10 e 1_N t S . 170(11-94) 61 -rn1 .34 SAN BErd :DINO MUNICIPAL WATER DEPAL.t_ .1T STANDARD REQUIREMENTS rceview of Plans: P P J. 9 CJ•O(o V ' 95• Date Compiled: MAY 3, Owner/Developer: C OA(-7C-L, ED%CA L%tJ t L Compiled By: P , Lciz-cop j Type of Project: ( ,C2� F'-2- M eQ t CA L 06r:11--6 AU 1 u"3 t 0! I /Number of Units: Location: 3100 6. C6 JT2A1, A\/G, J 06,71H S i 0t _ 290 F_,- W4Tn M A.J AV'9 WATER DEPARTMENT ENGINEERING: Contact ?Pro 1. Phone: 'j7j9 I Fax: 5 $4-• Note: All Water Services are Subject to the Rules& Regulations of the Water Department. • Size of Main Adjacent the Project: /Z* G V: • Approximate Water Pressure: WD P51 Elevation of Water Storage: P Hydrant Flow® 20 psi: pp�l ❑ Type, Size, Location, and Distance to Nearest Fire Hydrant: VZ tVA` ' PAC,,C1 C .S iii-MS F 0, C /A E CA6C- W wAZC A,,c . - t c. Erb I ❑ Pressure Regulator Required on Customer's Side on the Meter. ❑ Off-site Water Facilities Required. ❑ Area Not Served by San Bernardino Municipal Water Department. ❑ Comments: TER OUALITY CONTROL: �'L %_:ontact TX04 �U46D( Phone: te r.x739( Fax: •� 'SC�3Z IXR.P.P. Backflow Device Required at Service Connection. ❑ Double Check Backflow Device Required at Service Connection. ❑ Air Gap Required at Service Connection. ❑ No Backflow Device Required at This Time. ENVIRONMENTAL CONTROL/INDUSTRIAL WASTE: Contact: V% Phone: j Fax *38�• ,�-$7 Note: No Regenerative Water So ers May be Installed. ,<IIndustrial Waste Permit Required. ❑ Grease Trap Required. ❑ Pre-treatment Required. SEWER CAPACITY INFORMATION: Contact: 1Vt1_n k2m 561 Phone: �$4 • "3 Fax: 3f'- 15057 Note: Proof of Payment Must be Submitted to the Building& Safety Department Prior to Issuance of the Building Permit. 13 No Sewer Capacity Fee Applicable at This Time. A/Sewer Capacity Fee Must Be Paid to the Water Department for 313 Gallons Per Day, Equivalent Dwelling Units: ibject to Recalculation of Fee Prior to the Issuance of Building Permit. oreakdown of Estimated Gallons Per Day: 15103,75 5-C. L ,2!0 - 313 dam. o� srMEQUMMM(4" CITY OF, SAN BERNAR.C`7NO Pi. .S, RECREATION A COMMUNITY . .RVICES DEPARTMENT STANDARD RBQIIIREMLNTS y _ -- Case: Date: Reviewed By: G811ERAL REQUIREMENTS: ['!] Co=ercial Industrial and Multi-Unit ( I Assessment District ( ] Residential [X] purpose, Guidelines and submittal procedure ['X] Irrigation and Landscaping Plans. 1,)A Contact the City of San Bernardino Parks,Recreation and Community Services Department at (909) 384-5217 or 384-5314 for specific detailed requirements. SPSCXFIC REQUIREMENTS: [Y( ] Maintenance of landscape areas [<] Planter Areas [ ] Interior Planter Areas [V*I Irrigation Systems ( ] Setback Areas [ ] Slope Areas [�(] Ground Cover and Bedding Material I l erosion Control FYI] Need Control PLANT NATERIALS (-X] Plant list and climatic conditions [ l Street Trees - [%] Plant Material Size Requirements and Ratios INSPECTION AND OTEM REQUIR 24ENTS - (\{] Irrigation System [�(] Landscaping ( l Handscaps Items [ ] Street tree Specifications [ ] Arborist Report [ ] Removal or destruction of trees ( ] Screening Requirement (City, Dev.Code) Motu The applicant must request, 'in writing, any changes to the Parks, Recreation and Cosmtuaity Services requirements. Additional information , A Ms:j� • I lob O ME IWHOLEBALE September 25, 1995 HABDWABE tttcosroswrsa Planning and Building Services Department 791 S.WATERMAN AVE. San Bernardino City Hall SAN BERNA CALIFORNIA NIA 92408 300 North "D" Street 2408 P.O. BOX 5158 San Bernardino, CA 92418 SAN BERNARDINO aLIFORNIA92412-5158 Re: Development Permit II No. 95-06 and 9091884.8644 Variance No. 95-05 FAX 9091381-3033 STEEL DOORS& FRAMES Dear Sirs : WOOD DOORS I am opposed to ;ter. 3, of this proposal, namely, to reduce side and rear setbacks from 10 feet, °INISH HARDWARE respectively, to 0 feet; and to Item 4, which would reduce the number of required parking spaces, from 10 TOILET ACCESSORIES to 8 . 3ERSONNE TRAINED I own the property, at Central and Waterman that 'ERSONNEL P P Y/ / joins the property, in question, on the West and JVER 40 YEARS South. When I developed my property, I made a _XPERIENCE request, to reduce the setbacks, to within 5 feet of the property line, to allow enough room, for trucks to back in, to either loading dock. My request was denied. We ultimately reduced the width of the building,. by 5 feet, losing some 1, 113 square feet of building space, which was needed, to properly lay out forklift racking, and to solve the truck loading dock problem. I was also required to landscape the setback, on the South and East back side of the buildings, with trees and plants, which we maintain, yet today. If the current proposal is approved, it would completely block any view of this landscaping, from Central Avenue. The parking space requirement, in my opinion, and in this case, should be enforced. An industrial building, such as mine, seems to always have more parking spaces than are ever required, but medical office buildings, on the other hand, never seem to have enough parking. My final, and main concern, is fire protection. I would assume that, if this proposal is approved, the city would give me some written insurances, for proper fire protection, and access to my buildings, in case of fire, including four hour fire walls, full height parapets and fire sprinklers . My building does not ATTACHN NT I Planning and Building Services Department San Bernardino City Hall September 25, 1995 'WHOLSBALE Page 2 11HARDWAIM INCOMPO:A:=a have, nor was it built, to fire and building code requirements, to protect it, from structures built this close, to each other. If this proposal were approved, and I were to apply for a building permit, to remodel this building, would I then be required to bring my building to codes, caused by this variance? In clos r_g, I welcomes more development, in this area, but it seems that this owner needs to purchase additional property, to properly accommodate his building. Sincerely, SIERRA WHOLESALE HARDWARE, INC. Frank L. Lyman President Enclosure FLL:kp CITY OF SAN BERNARDINO DEPARTMENT OF PLANNING AND BUILDING SERVICES MEMORANDUM TO: PLANNING COMMISSION FROM: MICHAEL HAYS DATE: OCTOBER 17, 1995 SUBJECT: VARIANCE NO. 95-05 & DEVELOPMENT PERMIT, TYPE 2, NO. 95-05 COPIES: REQUEST AND LOCATION Under authority of Development Code Chapters 19.44 and 19.72 the applicant is requesting a Development Permit to allow for the relocation of a structure to an industrial lot and the conceptual approval of a proposed addition. In addition, the applicant is requesting a variance to permit the reduction of the side and rear setbacks from 10 feet to 0 feet, respectively, and to reduce the number of required parking spaces from 10 to 8. The subject site is located on the north side of Central Avenue approximately 288 feet east of Waterman Avenue in the OIP, Office Industrial Park land use district. BACKGROUND On October 3, 1995 the Planning Commission continued Variance No. 95-05 and Development Permit No. 95-06, and instructed Staff to prepare Findings of Fact for the denial of the project. Included as Attachment A are the Findings of Fact for denial of the project. EXHIBIT 5 ATTACHMENT A FINDINGS OF FACT Variance No. 95-05 1. There are no special circumstances applicable to the property that would warrant the reduction in number of required parking spaces and a reduction in side and rear setbacks. The reduction of the number of required parking spaces, and the reduction in side and rear setbacks, is not needed to provide the applicant the opportunity to use the property as other properties in the vicinity under the same land use classification are used. 2. The applicant has not demonstrated that the subject property is deprived of a right enjoyed by others in the immediate area. The reduction in parking spaces and the reduction in side and rear setbacks is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district. Other uses could be established on the subject property and meet all requirements of the Development Code. 3. The granting of this variance request 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. 4. The granting of this variance request would constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which the subject property is located, in that other properties in the area were required to meet the standards of the Development Code. 5. The granting of this variance request does not allow a use that is not otherwise expressly authorized by the regulations governing the subject parcel. 6. The granting of this variance is not inconsistent with the General Plan. Development Permit, Type 2, No. 95-06 1. The proposed use is permitted within the OIP, Office Industrial Park land use district, but does not comply with all of the applicable provisions of this Development Code. The site as proposed does not meet required setbacks or minimum parking requirements. 2. The proposed development, is consistent with the General Plan in that it would meet the policies as set forth for the OIP, Office Industrial Park land use district. 3. The medical office will not be harmonious with surrounding land uses, in that it will not meet setback requirements or minimum parking requirements, thus deleting landscaped buffers that are required of other businesses. 4. The approval of the Development Permit for the proposed development is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code, in that it was reviewed and determined to be exempt from the provisions of the California Environmental Quality Act. 5. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use is not detrimental to public health and safety. 6. The proposed project is located along Central Avenue, a secondary arterial. Its location along with its on-site design provide adequate public access to serve the subject proposal. 7. The proposed location, size, design, and operating characteristics of the requested use are not detrimental to the public interest, health, safety, convenience or welfare of the City, in that the proposed relocated structures impacts will be mitigated by meeting all applicable building and development codes. �n OCT 16 1c":Z"5 dd& L i y :J r: G i'NA; .iv) WHOLEBALE October 12, 1995 HARDWARE INCOSPOHATRD 791 S.WATERMAN AVE. Planning and Building Services Department SAN BERNARDINO San Bernardino City all CALIFORNIA 92408 y P.O. BOX 5158 300 North "D" Street SAN BERNARDINO San Bernardino, CA 92418 CALIFORNIA 92412-5158 909/8844644 FAX 909/381-3033 Re: Development Permit II No. 95-06 and •STEEL DOORS& FRAMES Variance No. 95-05 •WOOD DOORS Dear Sirs : •FINISH HARDWARE I recently had a telephone conversation, with Mr. Ray •TOILET ACCESSORIES Martinez, the architect representing the owner, on the above referenced project. •QUALIFIED TRAINED PERSONNEL Mr. Martinez stated that they have redesigned and/or •OVER 40 YEARS revised their plans, to include property backset EXPERIENCE requirements. He further stated that they were unable to meet the parking requirements, by only a few spaces . Upon your review and approval of the resubmitted drawing, showing revisions as stated, please accept this letter, withdrawing my objections to items three and four, of this proposal. Sincerely, SIERRA WHOLESALE HARDWARE, INC. Fr . Lyman President Enclosure FLL:kp EXHIBIT 6 OCT-26-'01 THU 12:27 ID: TEL NO:A909-364-5155 4069 P02 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT XV Nadh 'D'&rm, 3rd nmo Sae Arxmd4w, G 97 18 NOW (909)38&507 Fm 00)M&51M APPLICATION FOR APPEAL OF A DIREC70R DB7F.RMINATION, DEVFl0PMEN71EAWR0NMENTAL REVIEW COMMUTES DETERMINA77ON OR PLANNING COMMISSION DE7ERMIM477ON Appellant's Name, Address & Phone 939 C�fC/S�zNiA ���� Contact Person, Address & /VC2 Phone Pursuant to Section 19.52.100 of the Development (Municipal) Code, all appeal must be filed on it 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 spocific date and time. Date Appeal Filed Received by Receipt No. Receipt Amount OCT 3 1 1ozi� C17Y G;- iAN b R•.AH[)1N0 DEfPAR fv E.J7 OF"P,.ANNHNG 801LL'0!-4G EXHIBIT 7 — OCT-26-'01 THU 12:26 ID: TEL NO:R909-364-5155 #069 P03 Appeal Application Page 2 The following information must be completed: Specific action bdng appealed and date of that action fi/o. yam- o.S 14e 770/-V. Specific grounds for the appeal Action sought 4/v 9s- ,4c/d 1/.¢1Q,41,CE Additional information Signs a of ppellant Date 1oRi October 31, 1995 Case Variance: #95-05 & Development Permit (Type 2) #95-06 Applicant: Chapel Medical Clinic Ebenezer Chambi, M.D. 9739 California Avenue Southgate, CA 92280 Contact: Ray Martinez & Associates Architecture • Planning 19 East Citrus Ave, Suite M Redlands, CA 92373 (909) 792-0989 Attn: Ray Martinez Specific Grounds for the Appeal: The minimum lot size for the OIP zone designation is 10,000 sf, our legal lot size is 7500 sf. The minimum requirement of ten parking spaces, for a medical office, and a 10' minimum sideyard and rearyard setbacks would leave approximately 660 sf of developable area. This 660 sf would have to include circulation and building areas. This developable area constitutes 8% of the total lot size. The minimum 10 parking spaces is for a building not to exceed 2,000 s£ Our proposed building is approximately 700 sf which is less than 50% of the 2,000 sf previously mentioned. The eight parking spaces that we are providing is 80% of the required parking spaces. We do not feel that we are asking for special privilege by requesting this variance. �FL November 27 1995 WHOLESAL ESALE / HARDWARE INCORPORATED 791 S.WATERMAN AVE. Planning and Building Services Department SAN BERN San Bernardino City all 9240 CALIFORNIA IA 9240 8 Y P.O. BOX 5158 300 North "D" Street SAN BERNARDINO San Bernardino, CA 92418 CALIFORNIA 92412-5158 909/884-8644 FAX 909/381-3033 Re: Appeal of Planning Commission Denial of •STEEL DOORS& FRAMES Development Permit II No. 95-06 and Variance No . 95-05 •WOOD DOORS •FINISH HARDWARE Dear Sirs : •TOILET ACCESSORIES This letter is to confirm that my original objection to this project still stands, as written, if this •QUALIFIED TRAINED PERSONNEL property owner does not substantially change his drawings, to meet current code requirements . Please •OVER 40 YEARS reference my letters, concerning this property, dated EXPERIENCE September 25, and October 12, of this year. I was a little surprised, to receive this notice of appeal, without any corrections to the original proposal, following my conversation, with the owner's representative and architect. He stated that he was changing his drawings and resubmitting, to all requirements other than one or two parking spaces . If I can answer any further questions, concerning this proposal, please feel free to give me a call . Sincerely, SIERRA 'R'HQLESALE HP?DWARE, 1NC. X Frank L. L n President Enclosures FLL:kp CITY OF SAN BERNARD. i DEPARTMENT OF PLANNING AND R DING SERVICES OFFICIAL NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNA.RDINO MAYOR AND COMMON COUNCIL SUBJECT: APPEAL OF PLANNING COMMISSION DENIAL OF DEVELOPMENT Ward No. PERMIT H NO. 95-06 AND VARIANCE NO. 95-05 1 PROPOSAL: A request to: 1) locate a 700.5 square foot building on an existing industrial lot to be used as a medical office; 2) conceptually approve an 863 square foot addition for future construction; 3) reduce side and rear setbacks from 10 feet to 0 feet, respectively; and 4) reduce the number of required parking spaces from 10 spaces to 8. PROPERTY LOCATION: The subject property is a rectangularly-shaped parcel of land consisting of approximately 7,500 square feet located on the north side of Central Avenue, approximately 288 feet east of Waterman Avenue in the OIP, Office Industrial Park, land use district. Environmental Recommendation: Exempt from CEQA, Section 15303 °UBLIC HEARING LOCATION: HEARING DATE AND TWE: SAN BERNARDINO CITY HALL Monday, December 4, 1995, at 2:00 p.m. COUNCIL CHAMBERS 300 NORTH "r' STREET SAN BERNARI [NO, CALIFORNIA 92418 detailed description of the p- "I is on file in the Planning and Building .ervices Department at City H `..If you would like further information bout this proposal prior to the ublic hearing,please contact the Planning To nd Building Services Departrr A in person or by phoning(909)3845057. be Mayor and Common Cour I is requesting your participation.If you are inable to attend,you may subs written comments in favor of or in gposition to the proposal to the Planning and Building Services )epartment,San Bernardino Cit Hall,300 North 'D'Street, San lernardino,CA 92418. rj J kcisions of the Planning Comnu+aion are final concerning Conditional Use r • 'ermits, Development Permits,Tentative Tract Maps and Variances,unless • ppealed to the Mayor and Common Council. Appeals to the Mayor and :ouncil must be nude in writing, stating the grounds of the appeal and must -e submitted to the City Clerk along with the appropriate fee within fifteen (� lays of the decision. rural review and action concerning General Plan Amendments,Development s :ode Amendments,Specific Plans and Development Agreements will be ude by the Mayor and Common Council. } 3 f you challenge the resultant action of the Mayor and Common Council in ourt,you may be limited to raising only those issues you or someone else z z aised at the public hearing described in this notice,or in written d -+ orrespondence delivered to the City Planning Division at,or prior to,the s earn z ublic hearing. be City of San Bernardino recoguises its oW-lration to provide equal access to public services to those individuals with disabilities. Please contact the ►hector of Facilities Management(385-5244)thvo worltiug days prior to the meeting with any requests for reasonable accommodation,to mdude N 0 V 2 7 1995 Focto. er 12, 1995 HARDWARE INCORPORATED 791 S.WATERMAN AVE. Planning SAN BERNARDINO g and Building Services Department CALIFORNIA 92408 San Bernardino City Hall P.O. BOX 5158 300 North "D" Street SAN BERNARDINO San Bernardino, CA 92418 CALIFORNIA 92412-5158 909/884.8644 FAX 909/381-3033 •STEEL DOORS & FRAMES Re: Development Permit II No. 95-06 and Variance No. 95-05 •WOOD DOORS •FINISH HARDWARE Dear Sirs : •TOILET ACCESSORIES I recently had a telephone conversation, with Mr. Ray Martinez, the architect representing the owner, on the •QUALIFIED TRAINED above referenced project. PERSONNEL Mr. Martinez stated that they have redesigned and/or •OVER 40 YEARS revised their plans, to include property backset EXPERIENCE requirements . He further stated that they were unable to meet the parking requirements, by only a few spaces . Upon your review and approval of the resubmitted drawing, showing revisions as stated this letter, withdrawing my objections tolitemsathree and four, of this proposal . Sincerely, SIERRA WHOLESALE HARDWARE, INC. Frank L. Lyman President Enclosure FLL:kp J M WHOLESALE September 25, 1995 HARDWARE INCO1lOIIATtD Planning and Building Services Department 791 S.WATERMAN AVE. San Bernardino City Hall SAN BERNARDINO CALIFORNIA 92408 300 North "D" Street P.O. BOX 5158 San Bernardino, CA 92418 SAN BERNARDINO CALIFORNIA 92412.5158 Re: Development Permit II No. 95-06 and 9x9/884-8644 FAX 9091381.3033 Variance No. 95-05 •STEEL DOORS&FRAMES Dear Sirs : •WOOD DOORS I am opposed to Item 3, of this proposal, namely, reduce side and rear setbacks from 10 feet FINISH HARDWARE • respectively, to 0 feet; and to Item 4, which would •TOILET ACCESSORIES reduce the number of required parking spaces, from 10 to 8 . •QUALIFIED TRAINED PERSONNEL I own the property, at Central and Waterman, that joins the property, in question, on the West and •OVER 40 YEARS South. When I developed my property, I made a EXPERIENCE request, to reduce the setbacks, to within 5 feet of the property lire, to allow enough room, for trucks to back in, to either loading dock. My request was denied. We ultimately reduced the width of the building,. by 5 feet, losing some 1, 113 square feet of building space, which was needed, to properly lay out forklift racking, and to solve the truck loading dock problem. I was also required to landscape the setback, on the South and `East back side of the buildings, with trees and plants, which we maintain, yet today. If the current proposal is approved, it would completely block any view of this landscaping, from Central Avenue. The parking space requirement,: in my opinion, and in this case, should be enforced. An industrial building, such - as mine, seems to always have more parking spaces than are ever required, but medical office buildings, on the other hand, never seem to have enough parking. My final, and main concern, is fire protection. I would assume that,. if this proposal is approved,_ the city would give me some written insurances, for proper fire protection, and access to my buildings, in case of fire, including four hour fire walls, full height parapets and fire sprinklers . My building does not Planning and Building Services Department San Bernardino City Hall September 25, 1995 RE A W SOLEBALE Page 2 HARDWARE IXCOMPORATZD have, nor was it built, to fire and building code requirements, to protect it, from structures* -built this close, to each other. If this proposal were approved, and I were to apply for a building permit, to remodel this building, would I then be required to bring my building to codes, caused by this variance? In closing, I welcome more development, in this area, but it seems that this owner needs to purchase additional property, to properly accommodate his building. Sincerely, SIERRA WHOLESALE HARDWARE, INC. .. Z� Frank L. Lyman President Enclosure FLL:kp J