HomeMy WebLinkAbout2017-071WHEREAS, on February 13, 2017, pursuant to the requirements of § 19.3 6 of the City
of San Bernardino Development Code, an application for Conditional Use Permit 17-06 was
Property Owner: Business Center Properties, LLC
P.O. Box 1236
Walnut, CA 92402
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Project Applicant: Wayne Skiles dba Carousel Coin & Jewelry Exchange
P.O. Box 668
San Bernardino, CA 92402
Parcel Address: 415 W. 5th Street, Suite E
APN: 0134-141-16
Lot Area: 0.46 acres
WHEREAS, Conditional Use Permit 17-06 is a request to allow the relocation,
establishment and operation of an existing pawn shop currently located within the Carousel
Mall to an existing commercial center located at 415 W. 5th Street, Suite E; and
WHEREAS, the Planning Division of the Community Development Department has
reviewed Conditional Use Permit 17-06 for consistency with the City of San Bernardino
General Plan and compliance with the City of San Bernardino Development Code; and
WHEREAS, pursuant to requirements of §15060(c) of the California Environmental
Quality Act, the Planning Division of the Community Development Department evaluated
Conditional Use Permit 17-06; and
WHEREAS, on March 10, 2017, pursuant to the requirements of §19.36.030 of the
City of San Bernardino Development Code, the Development and Environmental Review
Committee reviewed the application and moved the Categorical Exemption and Conditional
Use Permit 17-02 to the Planning Commission for consideration; and
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WHEREAS, on March 15, 2017, pursuant to the requirements of §19.52.040 of the
mmission held the duly noticed
City of San Bernardino Development Code, the Planning Co
public hearing at which interested persons had an opportunity to testify 'in support of, or
opposition to the Categorical Exemption and Conditional Use Permit 17-06, and at which
meetin the Planning Commission adopted Resolution No. 2017-020 recommending to the
Mayor and City Council the adoption of the Categorical Exemption and the approval of
1; Conditional Use Permit 17-06; ani-,
SECTION 1. The Mayor and City Council find that the above -stated Recitals are tru*
and hereby adopt and incorporate the herein.
SECTION 2. Findings of Fact — Conditional Use Permit 17-06.
Finding No. 1: The proposed use is conditionally permitted within, and would not
impair the integrity and character of the subject land use district and
complies with all of the applicable provisions of the Development
Code.
Finding of Fact: The proposed project is a conditionally permitted use, subject to
approval of Development Code Amendment 17-02, pursuant to
Development Code §19.06.025(l)(G). The project site is located in the
Commercial Regional (CIS. -2) zone and is contains an existing
commercial retail building that is substantially surrounded by existing
commercial and office uses. Therefore, the project would not impair the
integrity and character of the subject land use district or be detrimental
to surrounding properties.
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Finding No. 2: The proposed use is consistent with the General Plan.
Finding of Fact: The proposal is consistent with several General Plan goals and policies.
Economic Development Policy 4. 1.1 seeks to retain businesses that
create jobs and generate sales tax revenue. The proposed project will
involve the relocation of an existing business currently located within
the City of San Bernardino to a new location. Therefore the proposed
project would be compatible with surrounding land uses and consistent
with the General Plan.
I Finding No. 3
Finding of Fact:
I' Finding No. 4
Finding of Fact:
Finding No. 5:
Approval of the Conditional Use Permit for the proposed use is in
compliance with the requirements of the California Environmental
Quality Act (CEQA) and § 19.20.03 0(6) of the Development Code.
The prof ect is exempt from environmental review under CEQA § 15 3 01
(Existing Facilities), and complies with the requirements of
Development Code §19.20.030(6). The project location is an existing
developed commercial retail property that is substantially surrounded
by existing commercial and office development. Approval of the
proposed project would not result in any impacts on the environment.
There will be no potentially significant negative impacts upon
environmental quality and natural resources that could not be properly
mitigated and monitored.
The project site is an existing developed commercial retail property and
the surrounding area is urbanized. Therefore, no significant negative
impacts on the environment are anticipated to result from the proposed
wireless facility.
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 obj actionable or detrimental to other permitted uses in the vicinity or
adverse to the public interest, health, safety, convenience, or welfare of
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Finding of Fact: The proposed project involves the relocation of an existing business to
an existing commercial retail property that is in compliance with the
Development Code requirements that are applicable to the commercial
Finding a
Finding No. 7
Finding of Fact:
development. The business relocation would not involve any
modifications to the size, design or operating characteristics of the
existing center. Therefore, the proposed project will not create any
significant noise, traffic, or other conditions that would be detrimental
or objectionable to other uses in the vicinity or adverse to the public
health, safety, convenience, or welfare of the City.
The subject site is physically 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. The existing commercial center is in
compliance with all applicable Development 'C'ode Standards and no
modifications to the property are being proposed by the project.
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.
The site has direct access off of 5h Street and D Street. All agencies
responsible for reviewing access and providing water, sanitation and
other public services to the site have had the opportunity to review the
proposal, and none indicated inability to s.a,,rve the project site.
Establishment of the proposed project, subject to Conditions of
Approval, will not be detrimental to public services or public health and
safety.
SECTION 3.
compliance with the California Environmental Quality Act.
The Mayor and City Council has independently reviewed, analyzed and exercised
judgment in finding that Conditional Use Permit 17-06 is exempt under §15301 (Existing
Facilities) of the California Environmental Quality Act (CEQA) due to the fact that the
proposed project involves the establishment of a business inside an existing tenant space
within an existinv, commercial center. The Planning Division of the Community Development
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Department is hereby directed to file a Notice of Exemption with the County Clerk of the
County of San Bernardinocertifyinv, the City's compliance with California Environmental
Quality Act in adopting the Categorical Exemption.
The approval of Conditional Use Permit 17®0 shall be subject to the following Conditions of
Approval:
1. This is an approval to allow the relocation, establishment and operation of an existing
pawnshop, currently located within Carousel Mall, an existing commercial building.
The project site is located at 415 W. 5-th Street, Suite E, within the Commercial
Regional (CR -2) zone.
V The project site shall be developed and maintained in accordance with the plans
stamped April 17, 2017 (EXHIBIT "A"), approved by the City, which includes a site
plan, on file in the Planning Division; the Conditions of Approval contained herein;
and, the City's Municipal Code regulations.
3. Within two years of the Conditional Use Permit 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 and void. However, approval of
the Conditional Use Permit does not authorize commencement of construction. All
necessary permits must be obtained prior to commencement of specified construction
activities included in the Conditions of Approval.
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4. The review authority may grant a time extension, for good cause, not to exceed 12
months. The applicant must file an application, the processing fees, and all required
submittal items, 30 days prior to the expiration date. The review authority shall ensure
that the project complies with all Development Code provisions in effect at the time of
the requested extension.
5. In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim, action or proceeding and will cooperate fully in the defense of
this matter. Once notd, the applicant agrees to defend, indemnify and hold harmless
the City of San Bernardino (City), any departments, agencies, divisions, boards or
commission of the City as well as predecessors, successors, assigns, agents, directors,
elected officials, officers, employees, representatives and attorneys of the City from
any claim, action or proceeding against any of the foregoing persons or entities. The
applicant further agrees to reimburse the City for 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 obli 'gation under this condition.
The costs, salaries, and expenses of the City Attorney and employees of his office
shI ll be considered as "Attorney's fees" for the purpose of thIs condition. As part of
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the consideration for issuing this Conditional Use Permit, this condition shall remain
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in effect if the Conditional Use Permit is rescinded or revoked, whether or not at the
request of applicant.
6. All windows shall provide an unobstructed view to the inside of the premises at all
times. Window signage shall not comprise more than 25% of the window area.
7. Minor modation to the plans shall be subject to approval by the Director through
the Minor Modification Permit process. Any mocation which exceeds 10% of the
allowable measurable design/site considerations shall require the refiling of the
original application.
8. The project shall comply with all applicable requirements of the Building and Safety
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Division, Fire Department, Police Department, Municipal er Department, Public
Services Department and the City Clerk's Office/Business Registration Division.
1. This approval shall comply with the requirements of other outside agencies
Bernardino County Health Department, Division of Envirom-nental Health Services,
and California Board of Equalization), as applicable.
10. The facility operator and property owner shall be responsible for regular maintenanc
of the project site. The site shall be maintained in a clean condition and free of litte
and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall
be removed and cleaned up within 24 hours of being reported.
11. S igns are not approved as part of this permit. Prior to establiE-1ing any new signs o
replacing existing signs, the applicant shall submit an application and receive approval
for a Sign Permit from the Planning Division.
12. Submittal requirements for permit applications (tenant improvements, sit
improvements, etc.) toBuilding Plan Check and/or Land Development must includ7
all Conditions of Approval issued with this approval, printed on the plan sheets.
13. All Conditions of Approval and Standard Requirements shall be implemented and/oil
completed prior to final inspection and/or issuance of a Certificate of Occupancy. I
SECTION 5. Severabifity: If any section, subsection, subdivision, sentence, or clause
or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional,
invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Resolution or any part thereof. The
Mayor and City Council hereby declares that it would have adopted each section irrespective
of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be
declared unconstitutional, invalid, or ineffective.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint m4ular meeting thereof, held on the
171h dayof April, 2017, by the following vote to wit:
Council Members: AYES
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
'V. TT I -I Tr 1-1 T
NAYS ABSTAIN ABSENT
Approved as to form:
Gary D. Saenz, City Attomel
B-
y7
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R. CAREY DA IS, Mayor
City of San Be ardino