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CI~ OF SAN BERNARDOo - REQUIOT FOR COUNCIL ACQoN
Frank A. Schuma
From: Planning Director
Dept: Planning
Subject: Appeal of Variance No. 85-13
Mayor and Council Meeting of
September 9, 1985, 9:00 a.m.
Date: August 27, 1985
Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on August 20, 1985, the
following action was taken:
The application for Variance No. 85-13 was unanimously recommended
for denial. The Negative Declaration for environmental review was
also denied.
Vote: 7-0, 2 absent
Recommen<:led motion:
That the hearing on the appeal be closed and the decision of the
Planning Commission be affirmed, modified or rejected.
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Signature Frank
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A. Schuma .
Contact person:
Frank A. Schuma
Phone:
383-5057
2
Supporting data attached:_
Yes, Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Notes:
75.0262
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Agenda Item No. ~.
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OFFICE OF mE CITY CLERK
Mayor Hol~omb and Co~~on Council
300 ~orth D Street
San Bernardino, California 92418
Gentlemen:
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I respectfully submit this appeal of the decision of the Planning
Commision regarding Z;~~ I wish to submit the following
information in support of my appeal.
,
I have tried in every way possible to comply with the parking
requirements of the Planning Commission, but I am still nine
parking spaces short. I am, therefore, forced to respectfully
request that you grant a waiver as to the number of parking
spaces required for my business.
.
I have been in the sa~e type of business at this location in the
pa~t and parking spaces was never a problem. I have incurred a
great deal of expense in relocating my business back to this
location. I have installed equipment and aquired a five year
lease of the premises.
I have been issued a liquor license and a resale number
by the State of California. Mr. Dean "Dino" Pagel, an inspector
with the city building department, has inspected the premises and
approved all work done.
The ol.~er businesses who share the same back parking lot all close
at 6:00 P.M. Caldwell's Beauty Shop has only 2 or 3 back parking
spees during business hours. Jean's Shoe Shop does not have access
to the back parking lot so does not use the parking spaces provided.
Both businesses customers mainly use the parking in front of their
shops on Baseline Avenue. I enclose statements signed by both
businesses giving me permission to use their parking areas after
6:00 P.M. I also enclose a copy of the statement from the owner
of the property to the Planning Commission given permission to
use all of the back parking facilities after 6:00 P.M. Since
my business is mainly conducted after 6:00 P.M. this should provide
ample parking for the premises.
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AUG 211985
CITY PlAIltNlim CC,'C;7MENT
SAN BERNARDINO, CA
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I have been in business for 15 years and I've always tried to
do the right things. It would create a severe hardship on me and
my family for me to relocate my business. It would, in fact, be
impossible as everything I have worked for is tied Mp~in this
business and the premises where it is located. :"._, '_'.
, ' .,- It would also mean employment
for twelve people.
I appreciate your time and consideration of this matter. I await
your positive decision in granting this ~equest for a waiver.
Sincerely,
thank you
JI,~ ~~
LUPE :JAIME II ";'(i>
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December 22, 1985
San Bernardino Planning Committee
San Bernardino, California
To wnom It May Concern.
I, Howard Green, owner of 617 W. Baseline, San Bernardino,'
hereby giva permission for the owners of the Shanty to be able
to use the excisting parking facilities that are there.
The Shanty will be able to use the parking facilities
even after normal business hours by other tenants which
close at 6P.M.
I ow~ all property located at the buil~ings in
question by your committee.
If you have any further questions, please do not hesitate,
and call my office.'
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Howard J. Green
Owner
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GENE'S POE REPAIR
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state that I use the back parking assigned to my business only for
my personal automobile. My customers use the front entrance to
my business which faces Baseline Avenue. Since they only use the
front entrance they park at the curb on Baseline Avenue. The
Shanty Cocktail Lounge has my permission to use the parking spaces
assigned to my business after 6:00 P.M.
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of Jean's Shoe Shop
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I, Richard rod, JEll of Caldwell's Beauty Shop
state that the Shanty Cocktail Lounge has my permission to use the
back parking spaces assigned to my business after 6:00 P.M. I
further state that the majority of my customers use the curb parking
on Baseline Avenue in front of my business.
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CITY OF SAN BERNARDINO 300 NORTH "0" STREET. SAN BERNARDINO, CALIFORNIA 92418
. ... .-.-....
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EVLYN WILCOX
Mayor
Members of the Common Council
Esther Estrada. .. .. .. .. .. .. .. .. .. .. .. .. First W.rd
Jack (:I:ellly. . .. .. .. .. .. . .. .. .. .. .. .. Second Ward
Ral!)h Hernandez.. .. .. .. .. .. .. .. .. .. .. Third Ward
Steve Marks ........................ Fourth Ward
Gordon Qulel .. .. . .. .. .. .. . .. .. . .. .. Fifth Ward
Oan Frazier .. .. .. .. .. .. .. . . .. .. .. .. .. Sixth Ward
Jack Strickler .. .. .. .. . . .. .. .. .. .. .seventh Ward
August 22, 1985
.lrs. Lupe Jaime
1248 pepper Tree Lane
San Bernardino, CA 92404
Dear Mrs. Jaime:
At the meeting of the Planning Commission on August 20, 1985,
the following action was taken:
The application for Variance No. 85-13, to permit less than
the minimum required number of parking spaces for a proposed
cocktail lounge with pool tables on approximately .33 acre
having a frontage of approximately 100 feet on the south side
of Baseline Street and being located approximately 88 feet
west of the centerline of "F" Street and further described as
617 West Baseline Street, was denied based upon findings of
fact contained in the staff report dated August 20, 1985.
According to the San Bernardino Municipal Code, Section
19.74.080., the following applies to the above variance:
"The decision of the Commission shall be final unless an
appeal therefrom is taken to the Common Council as provided
for in this section. Such decision shall not become effec-
tive for ten days from the date that the written decision has
been made and notice thereof mailed to the applicant, during
which time written appeal therefrom may be taken to the
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Mrs. Lupe Jaime
August 22, 1985
Page 2
Council by the applicant or any other person
such decision. The Council may, upon its own
any Commission decision to be appealed.-
Respectfully,
- /:/Z--L 4--.
FRANK A. SCHUMA
Planning Director
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agg r ieved by
motion, cause
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT"
SUMMARY
11
8/20/85
2
AGENDA ITEM
HEARING DATE
WARD
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APPLICANT
Lupe Jaime
1248 Pepper Tree Lane
San Bernardino, CA 92404
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Variance No. 85-]}
OWNER
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Subject property is all irrq;ularly-shaped parcel of land consisting of approx-
imately .33 acres, il3ving a frontage of approximately 100 feet on the south
side of Baseline Street and being located approximately 88 feet west of the
centerline of "F" Street and further described as 617 West Baseline Street.
The applicant requests a variance of Code Section 19.56.050(E) to permit
less than the minimum required number of parking spaces for a proposed cock-
tail loun~e with pool tables.
EXISTING GENERAL PLAN
PROPERTY LAND USE ZONING DESIGNATION
Sllbject Commercial C-JA General Commercial
North Corrunercial C-3 General Commercial
South Commercial C-JA General Commercial
East Commercial C-3 General Commercial
West Commercial C-3A General Commercial
GEOLOGIC / SEISMIC DYES FLOOD HAZARD DYES OZONE A ( InYES )
HAZARD ZONE f!9 NO ZONE tlINO OZONE B SEWERS oNO
HIGH FIRE DYES AIRPORT NOISE / DYES REDEVELOPMENT DYES
HAZARD ZONE !XI NO CRASH ZONE ~NO PROJECT ARE^ E)NO
..J o NOT o POTENTIAL SIGN I FICANT Z 0 APPROVAL
~ APPLICABLE EFFECTS 0
WITH MITIGATING fi 0 CONDITIONS
Z(/) MEASURES NO E,I.R,
lIJ(!) o EXEMPT o LI R. REQUIRED BUT NO 1&.0 KiI
2Z I&.~ DENIAL
Z- SIGN IFICANT EFFECTS
00 WITH MITIGATING ~2 0
a::Z MEASURES U)::E CONTINUANCE TO
:;iL 0
Z ~NO o SIGNIFICANT EFFECTS ()
lIJ SIGNIFICANT SEE ATTACHED E.R. C, lIJ
EFFECTS MINUTES a:
NOV 1981 ftEVISEO JULY '..2
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Vari,mcp 8~-11
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
11
8"OIR~
2
Background
1. At the Planning Commission meeting of April 2, 1985 an application request-
ing a conditional use permit in order to establish a lounge at 617 West
Baseline, offering on-site sale and consumption of alcohol in an existing
building with a parking waiver was denied.
The applicant appealed the decision to the Mayor and Common Council and
attempted to obtain additional parking spaces. At the meeting of the
Mayor and Common Council on June 17, 1985 the request was referred to the
City Attorney who determined that a variance is required.if the parking
waiver is to be granted.
The following is a summary of adjacent uses to the proposed lounge:
USE
REQUIRED PARKING
Cleaners
No rear access to parking
5 spaces
14 spaces provided per CDP #809
5 spaces
28 spaces
Shoe Shop
Bookstore
Beauty Shop
Proposed Lounge
The San Bernardino Municipal Code requires 28 parking spaces for the
proposed lounge. Only 19 spaces are provided for the proposed use and
two of the surrounding retail uses. Given current code requirements,
the two retail uses would utilize 10 of those 19 spaces thereby leaving
only 9 spaces for the proposed lounge, a deficit of18 parking spaces. .
The following are the four required findings of fact for Variance No.
85-13, including the applicant's and staff's response to each:
A) There are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended use of the
property, which do not apply generally to other property in the same
zoning district and neighborhood.
Applicant's Response:
The use was previously used as a lounge. The parking allotted to other
uses is underutilized at present. Most persons park on the street due
to the location of the lot in an area not clearly visible from Baseline
or "F" Street.
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.cITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE V~ri~n~~ R~_11
OBSERVATIONS
AGENDA ITEM 11
HEARING DATE 8/20/85
PAGE 3
,
Staff's Response:
Variance from the terms of the zoning ordinance shall be granted only be-
cause of special circumstances applicable to the property including size,
shape, topography location or surroundings. There are no exceptional or
extraordinary circumstances applicable to the subject site. A less in-
tensive use of 2,275 square foot area would minimize circulation and par-
king impacts. A retail or office use of the building would require 10
spaces, only one less than what could currently be provided.
B) That such a variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
Applicant's ResE~
The requested use is a commerCial-type use for which the C-3 zone is in-
tended. The use of this property does not substantially differ with re-
gard to traffic generation than any other use in the area. Therefore, the
owner would be using the property in a manner which is on par with other
property owners in the area in the C-3 zone,
Staff's Response:
Substantial property right refers to the right to use the property in a
manner whi ch is on par with uses allowed to other property owners which
are in the vicinity and have a like zoning. The purpose of the variance
is to restore parity where the strict application of the zoning law de-
prives such property owners of privilages enjoyed by other properties in
the vicinity and under identical zoning claSSification. The applicant
can enjoy her property right by simply occupying the building with a less
intense use that would meet Code requirements for parking. There have
been no parking variances granted to other property in the vicinity under
identical zoning classification.
C) That the granting of the variance will not be materially detrimental
to the public welfare or injurious to property and improvements in
the zoning district and neighborhood in which the property is located.
Applicant's Response:
The requested variance will not be injurious to public health, safety. or
welfare as no conjestion will result due to the underutilization of this
parking 10 t.
Staff's Response:
In determining the application for a variance, the best interest of the
entire community is the controlling factor rather than the suitability
"
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-CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Variance 85-13
OBSERVATIONS
11
8/20/85
4
AGENDA ITEM
HEARING DATE
PAGE
or adaptability of the property in question for a particular use,
The San llernardino Municipal Code has been developed to assure that by
meeting the minimum requirements of the code, a business located within
the City would be consistent and compatible with the surrounding land uses
and not be detrimental to the adjoining properties, general area, or
citizens of the City.
The granting of Variance No. 85-13 would set a precedent for other develop-
ments in the area. This precedent may be cited over and over by other
property owners within the area requesting similar reductions in parking,
the cumulative effects of which will be detrimental to the adjoining
properties, area as a whole and citizens of San Bernardino.
D) That the granting of such a variance will not be contrary to the ob-
jectives of the Master Plan.
Applicant's Response:
The General Plan designation of General Commercial has it's goal to conserve
existing commercial districts. Non-use of this bUilding has a detrimental
effect on surrounding uses and creates blighting influences,
Staff's Response:
The Comprehensive General Plan of the City of San Bernardino projects the
property to be developed General Commercial "through proper planning
standards" of conunercial facilities which are convenient to the residents
of the area and to "encourage the grouping of compatible commercial
activities which provide adequate parking."
Recommendation:
Based upon the negative findings of fact, Staff recommends denial of
Variance No. 85-13.
Respectfully submitted,
FRANK A. SCHUMA
Planning Director
~o<~
ANN LARSON
Assistant Planner
ALlap
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT AGENDA
ITEM #
LOCATION CASE Var. #85-13
HEARING DATE 8/211/135 11
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