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Home My WebLink About10- Development Department . A V E L 0 P N 19 N T D E P A R T M E N T OF THE CITY OF SAN BERNARDINO REQUEST FOR COMUSSIOCCOURCIL ACTION From: KENNETH J. HENDERSON Executive Director Subject: DANNY'S TOWING _ CONDITIONAL USE PERMIT � Date: February 18, 1993 (CUP) APPLICATION -------------- _ SVnODSiS of Previous Commission/Council Committee Action(s): At its meeting on February 18, 1993, the Redevelopment Committee recommended to the Community Development Commission approval of a small business loan not to exceed $9,400 for development fees and professional services for Danny's Towing to submit a CUP application and authorized the Chairman and Executive Director to develop and execute agreements accordingly. ------------ Recommended Motion(s) ------------------ ---------------------------------- -(Community Development Commission) MOTION: That the Community Development Commission approve business loan not to exceed $9,400 for developmentafeesll and professional services for Danny's Towing to submit a CUP application and authorize the Chairman and Executive Director to develop and execute agreements accordingly. Administrator NNBTII J&. &E KE R ----------- _________ Executive Director -------------- Contact Person(s): - ---------------------- Kenneth Henderson/Doris A. Daniels Phone: 5081 Project Area(s): None Ward(s): Six (O Supporting Data Attached: Staff Report FUNDING REQUIREMENTS: Amount: $9.400 _Source: Small Business Loan Fund Budget Authority: Requested --------------------------- Commission/Council Notes: KJH:DAD: :0440Q----------------------------------------------------------------- COMMISSION MEETING AGENDA Meeting Date: 03/08/199/3 Agenda Item Number: /� D - V B L O P M B U T D B P A R T M I S T OF THE CITY OF SAN BERNARDINO STAFF REPORT DANNY'S TOFIING - CONDITIONAL USE PBRNIT (CUP) APPLICATION The Mayor and Common Council have requested that Development Department staff work with Danny's Towing to determine funding requirements to submit a CUP application. Pursuant to the information presented below, it has been determined that Danny's Towing will need to file applications for both a Lot Line Adjustment and a CUP. Furthermore, Danny's Towing will require financial assistance to submit both applications by a City mandated deadline of April 1, 1993. Danny has requested assistance with the $9,400 planning fee and professional services that will be required i to file the two applications. (See attached memorandum from Richard Pope, architect, dated February 5, 1993.) BACKGROUND On September 19, 1991 the City filed its Complaint for Injunction and Declaratory Relief against Danny's Towing seeking compliance with the City's zoning laws. The San Bernardino Superior Court issued a restraining order to allow the towing business to operate until the City determined that it had come into compliance. The Court further indicated that it allowed the business to continue operating because an inequitable condition existed when Danny's Towing was put on the Police Rotation List, purchased a new tow truck, and was then taken off the list. An agreement was reached on October 15, 1991 wherein the City agreed to allow Danny's Towing to operate if Danny's Towing was to obtain a CUP. On November 4, 1991, the Mayor and Common Council directed staff of the Development Department and the City Attorney's Office to meet with Danny's Towing to attempt to resolve the financial and legal problems that had arisen as a result of the business being placed on and later taken off of the Police Rotation List. Development Department staff met with Gary Patterson, Attorney, and Wes Jefferson, business consultant, to discuss the City's Development Code requirements, the need for a Conditional Use Permit (CUP), the requirements to be placed on the Police Rotation List, the amount of funding necessary to comply with code requirements for the CUP, as well as the Small Business Loan Program. At the present time, Danny's Towing is operating without a CUP. Subsequently, Development Department staff has researched the requirements and financing necessary to obtain a CUP that would enable Danny's Towing to receive a Certificate of Occupancy. - -------------- --------------------------------- KJH:DAD: :0440q - ---------------- COMMISSION MEETING AGENDA Meeting Date: 03/08/1993 Agenda Item Number: -� DEVHIAPMMT DEPARTMP - STAFF REPORT DANNY'S TOWING - COit-ITIONAL USE PERMIT (CUP) APPLICATION February 18, 1993 Page Number -2- --------------------------------- FILING OF THE CUP APPLICATION The present property is zoned Industrial (IL - Industrial Light) and has a house, a shed (used for an office) and a large building (presently used as an automotive shop) on the same parcel of land. (See Exhibit I.) The present property will not meet the requirements for a CUP application since a single family residence and the business will not be allowed on the same parcel. Prior to filing the CUP application, it will be necessary to process a Lot Line Adjustment application. This will allow for the single family residence and the business to be separated onto two different parcels with a minimum of 20,000 square feet each that is required in IL. (See Exhibit II.) However, in order to accomplish the required square footage per lot, the present property must be combined with additional adjacent vacant land. After accomplishing the lot line adjustment, the CUP Application will be filed and will be composed of three phases. (See Exhibit III.) Phase I will allow the business to meet City requirements and to continue to operate. Phase II will allow for the additional outside storage spaces that are required to be placed on the Police Rotation List. Phase III would allow for the business to further expand as necessary. Phase I would be accomplished immediately. Phase II would have to be accomplished within one year. An extension approved by the development bodies would allow for Phase III to be completed within an additional Year's timeframe. It is important to note that both applications must be filed to bring the business into compliance with City code. Furthermore, Danny's Towing must receive a CUP to remain in business in the City. The small business loan in an amount not to exceed $9,400 will be secured with a trust deed on the property. Based on the information presented in this report, staff recommends adoption of the form motion. S KEN HS ERSON, Executive Director Development Department ---------------------- - - ---------------- RJH:DAD: :0440q COMMISSION MEETING AGENDA Meeting Date: 03/08/1993 Agenda Item Number: /6 � flSSOCIrj1fS UR An DfSIGn MEMORANDUM DATE. February 5, 1993 PROJECT: DANNY'S TOWING LOT LINE ADJUSTMENT AND CU.P.PREPARATION, SUBMITTAL, AND PROCESSNC Ta Danny Alcarez/Danny's Towing FROM: Richard Pope/Project Landscape Architect SUBJECT: OUTLINE OF SERVICES & ESTIMATED FEES Dear Danny: The following reflects estimated costs and approximate payment schedule for preparation of"Lot Line Adjustment" and CU.P.Submittal: PROFESSIONAL FEES. FEBRUARY 1993 1) TITLE REPORTS: 2) ATTORNEY FEES OWNER'S AUTHORIZATION � FOR LOT LINE ADJUSTMENT 3) LOT LINE ADJUSTMENT:T&A FEES $ 500. 4) RP&A FEES DUE UPON C.U.P SUBMITTAL: $11300. $1,200. MARCH 1993 5) RP&A FEES DUE END OF MARCH: (BALANCE OF APPLICATION PREPARATION FEES) $ 824. 6) LOT LINE FEES: T&A $ 800. APRIL 1993 7) BALANCE OF PROCESSING FEES- RP&A (I.E. DESIGN REVIEW COMMITTEE MEETINGS, ETC.) $ 506. 350 W 5111 51 SUI1f 204 Sh.n bfRf MIf1Q CU 9240(' (714)888-5568 : ffR(114),384-9854 __-Cfl lIC.1 2664 PROJECT: DANNY'S TOWING LOT LINE ADJUSTMENT AND C.U.P. PREPARATION, SUBMITTAL,AND PROCESSING SUBJECT: OUTLINE OF SERVICES & ESTIMATED FEES (CONTINUED) QTY/COUNTY FEES . FEBRUARY 1993 1) C.U.P. FEE: $1,378. 2) NEGATIVE DECLARATION: 3) COUNTY FILING FEE: $ 490. 4) VARIANCE: $ 25. 5) CITY PLANNING —LOT LINE ADJUSTMENT $ 745. $ 466. MARCH 1993: 16) CITY ENGINEERING &COUNTY FEES: $ 165. SUBTOTAL AGENCY FEES: $3,269. SUBTOTAL PROFESSIONAL FEES: $6,130, GRAND TCrTAL• �c} g � ► _� i � G A z I g �� i i 9 � \s� .. I I f� is 3 I G ' n z 4 Z S - � 9 � I i �cNielT jr2 /o 14 NA J-�f IfT r : tt 1 J1 1 -- 1 ' i 1 1 i 1 1 __ 1 1 1 1 h 1 t1• h r 3 f