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HomeMy WebLinkAbout62-Planning - --- -- - ~i~~ OF SAN BERNARDI~~EQ~ST FOR COUNCIL A~ION From: Larry E. Reed, Director OcFi"r-; _ ,~n",-f;J.-~_ ""rr- .,.... >J Or 0 r. -...i ; : laabj8tt:. Variance Number 89-3 Dept: !-",:-^,..., t",. ~_ !:.t)" ~,j Planning and 8uilding Services .J'-',' -'-' ", :i'.:c; Mayor and Council Meeting of June 18, 1990 Date: June 4, 1990 Synopsis of Previous Council action: On May 16, 1989, the Planning Commission, by a vote of 6-0, denied Variance Number 89-3. On June 19, October 16, November 20, and December 18, 1989, the Mayor and Common Council continued the item on the appeal. On December 18, 1989, the item was continued until June 18, 1990. Recommended motion: That the hearing be closed; that the appeal be denied, and that Variance Number 89-3 be denied subject to the Findings of Fact contained in Attachment C. ~~ ignature Larry E. eed, Di rector Contact person: Larrv E. Reed. Di rector Phone: (714) 384-5071 3 Supporting data attached: Staff Report Ward: FUNDING REOUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75.0262 Agenda Item No._0:J.1 - - - - -- ~ ~I~~ OF SAN BERNARDIN~ - REQ~ST FOR COUNCIL ~ION STAFF REPORT subject: Appeal of planning commission Denial Of Variance Number 89-3 Mayor and Common Council Meeting of June 18, 1990 REOUEST The applicant, Econolodge, is appealing the Planning commission of Variance Number 89-3. requests the Mayor and Common Council to denial and approve the Variance. denial by the The applicant reconsider the BACKGROUND On December 18, 1989, the applicant requested the Mayor and Common Council to approve, for a period of six (6) months, a variance to enable construction of a parking lot (Review of Plans Number 89-49, approved by the Mayor and Common Council on December 18, 1989) using slag instead of the required asphalt. The purpose of the temporary variance was to allow for installation of curb, gutter, driveway and landscaping improvements which is Phase I of the project. Phase II of the project, the asphalt paving, was to occur at the end of the six (6) month period, after business had been increased which was to provide revenue to cover the expense of paving. Based on a recommendation from the city Attorney's Office, rather than approve the variance for a six (6) month period, the Mayor and Common Council continued the variance for the six (6) months to allow the phased construction of the parking lot. The recommendation was based on the position of the Attorney's Office, that mandated findings (SBMC 19.74.010) could not be made. To this date, no improvements have been made on the site. On February 2, 1990, a grading plan was submitted to the Engineering Division of the Public Works Department. The City requested an easement for drainage be granted to the city. The applicant has not cooperated with the request and grading permits have not been issued. OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL The Mayor and Common Council may uphold the appeal and approve Variance Number 89-3 based on the Findings of Fact contained in Attachment B; or may deny the appeal and deny Variance Number 89-3 based on Findings of Fact contained in Exhibit C. 75.0264 - - -- -- - "C c ,....-", :) '-' Page 2 Request For Council Action Variance. Number 89-3 RECOMMENDATION The staff and Planning Common Council deny the based on the Findings of commission recommend the Mayor and appeal and deny variance Number 89-3 Fact contained in Exhibit C. Prepared by: ~k-.. Sandra Paulsen, Senior Planner for Larry Reed, Director Planning and Building Services Attachments: Exhibit A - Exhibit B - Exhibit C - Letters of Appeal Findings of Fact for Variance Number 89-3 Approval Findings of Fact for Variance Number Denial contained in the Statement of Planning commission Action of May 16, for 89-3 for Official 1989 -- ~ - Ef=Ono Lb'dge. ""'." _ =; T ~ :. .''1 ~~----. .. ....,; "\ ,j Q""':-:";-. .~ '-. - May 30, 1989 "S$! f:,.: 31 F:? :15 Mayor ~r.c Co~~on C:unc~: C~ty 0: Sa~ Ee~~a=~~~o 300 Sc=~h "0'1 S:~ee: Sa~ 3e=~a==~~o, Cn 92~18 Re: Var~a~ce So. 89-3 ?:ease e==e?t t~~s as O~= a~?eal of the C~:y ?la~~ing Co~~~ss~on's cec~sion 0: May l6:~, 1989 regarding !:e~ ~o. 11, Variance ~o" 89-3. ~e a=e 2?pealinq t~~s ce=:s:o~ :or the :ollo~ing reasons: 1. A~o~=x:~a~ely 82\ 0: ~~2 su~ject p=o?e=~y ~s loca:ec N~t~~~ t~e Sa~ Jac~~~o :a~l: Zone, where for hea~th and sa:e:y =easo~s, ~o s:=~=~~=es can be built. 2. A: t~e presen: ti~e, p=~?e=:y owners to the ~orth are allowed t~ park a~to~obi:2S on cirt sho~lde=s located an the eas~ side a: Ca~ino Real. 3. Dust presently orig~na:ing from the subject property, wil: be ~~tiga:ec by sur:acing with a non-toxic and non- cc==~si'le slag. All s~::ac~~g ~aterials will be com?a:ted to a ~~~i~~~ re:a:~ve co~?a=:~on of 951. 4. Lc~~ te=~ ?la~ is to pave and stripe t~is area o~ce bus~~ess :5 bui~: u~. ~~a~~ YCU :or you: a~ticipatec courtesy~ Since:::ely. v~ V.le. 5"r.2.:-: Ge-.e:- a~ ~z:.a.ge:" ~- , . I . , - MJ.: n .) I ........""; .......... '.. _""' c:-' -;.. ...... . . . E::"'o ~c;e C=r:~e~e~ce Cenre' ee: ~=rr'""c./ :"l'lIe :' ..~C one 1-2~.5 Cr::::r"r;e S~Cw ftcc:::. EIII on '-21.5 Sc~ :e":"'c~cl~.O. CA ;2~08 7'" :2:.ii:O 1.a~C.::.::::~C ~C:I=~Wlce ~eser'lC~:C:""s 5:..; ;... ..,t..... .. - - Erono Loage. o ....~"I '...,I . ,,~~.1 !-fAY 10. 1989 ~~ 1'0 ;.J..:. C-'11'!!:::::E ~~ ;.-;0 COl;';Cn. ~~ OF '::-tE ern OF SA.'l B~:;'_:O~:O. :'J ,~.???C\,.:: ;"??'_!O'::CN FOR 1J;.iJ...~~c=. 4 89-3, The ci:y of Sa;: 3e:-:-.a:c.:...-.o is :oosi:.g visi:ors a;:d busi..-:ess clien:e;,e :-.:::e:5 :::l Ri:Je:-siee, Rec.!.anes ar..c :~=ana. :':e have ~+'o 5 :ay ex;:::..==ec a :'.e".... ::,?e '::l: c!.ie:::e:e a::c :-..a~....e :Ol.::.C a vast =.a=ket ....ri:........ lcr.g-::z..ll ~.:C:<ers Celive:-:'..-.g gooCs :0 t.':e L.u.a::-.c :.-:pire area. He :-oz.....e t..":e ?c:e..~~:.a:.. to r:~S=: :r,X. ~;:::t"::S :OR Tr:E C:TY by provi=.L...g ~.:c..< parki...-.g facilities a: our hotel by usir.g tr.e pro- posee site '~:-.:.c..': '..:e :-.ave Cl'ooned s:'......ce purc~sL...g t.':e hotel in 1984; t:-.e p:-c?e:-:y is a::".c "",-as a ?a:: of :...'-.e ::ocel. 't:e ce aJpeal:...~ to all t.':e ~~be:'s 0: ~':e app:-oval c~i::ee to ccnsiCe:' our applicaticn ar:d approve .- 'Ihe ::c:el ",..,..:oys 40 people or. a year rCU'.d basis and proc!uces a pay:-o!.l 0: s-...:bs:a:ntial ::tX'be:s ....+i.c-~ i., tt.-.orn is spent 1.-. our c:arc..ni:y. The roOtel oCC'.;;Jancy tax at = ::otel is new approxi:nately 580,000 per yea.:- a:-:c ."",'i:: :...-.c:-ease signi::.ca=::~:' ....1.:..~ ou= a~i!.ity to accmoC.ate 'additional ~~~rs. It -",;i:: be =c::-e Ci::ieJ1: for ct.=' :-.oc:el t.o c:-ea::e ne."l ~i.~ss .+.e:l Nor:= Air Fcrce Sase is closed. :::e r:e'.r Visi:ors and Convention Bt..=ea-..; :.s r:::::..-.g :0' L.-:.c:-ease en: cu.s:....-:.ess, t::ri..~ to gi.~~e :-easons and justify .~t-.y t.".ese people =:: stay in San Be:-:-.ardir.o and spero.d their ::r:mey L"l our local econcc:y. There is roO :-.otel' - ~an !ler.'.a:::i.-.o t::a:: i'.as t.':is size 0: valua~le l~c :::> ac::::-::n::::.a:.e =-~.e ::",..:ck ;:a=k:...-.g =0:- g..:escs st.ayi:.g at c~ ~tel. t.-.~e :ee: ...,~ :-:ee: ::> :e ?e=l.::e: :0 ?:'oceed ...."ic..'"'.. C1: ?lr-s to de",~lc?e t.':.e ?rki.-.g 10:. =::::"c ::lcr;;e Cor~ere"ce Ce",~e' :C: :Olr'NOY :m,.e :::r I.~O c~c '.2~.5 Cro"r;;e Shew ~Cd, eXit en '.215 Son ger"crc'''O, CA Q2<!Oe 7'<! :125.7750 1.aC:.::.EC:lNO NCflor,Wlce ;(eser.,c~;crs E(Ono Lodge. r-. "'-'" ""'."\ \ ....1 .....,I We feel _ can increase our share of the market to attract :rore r:::affic to ot.=" ~.otel since we have easy-on, easy-off exi.t/entr'1 ?Oi..-::s c-..:e ::l = ac-/antagious location at the intersection of 1-:'J ~C :-2!5, ....,t.i=..'-: re ::,.ai..~ a...-cerials ccnnec::..--:.g eas: and -:--esc en 1-10. ar:::! r:ort.". a::e sout.". on 1-215. By ::c:..-..g so ~....e :-.ave a ,?cce::t::.a'1. to lnc:"ease au::' ::1.:Si...~ess =y 20: r.e create ::ore jobs a::e also kee? our facility open and i.."l operati=. ar:c ~ot ~2ve to close Q7~n our facility due to fi..~cial ?robl~~ ene/or diffic..:hies. we ~d like to sustain 01Z business and be par: of a g-=~~i.."1g ecor.a::y and hel? t.'1e city collect mre tax revent.:es. T.-:.is r.otel has also bee."l able to serve t.".e local ::=ket by providi.ng en eccr-.a::y b~q;et h_""'<"-=y property -...i.e." ::leeting end banC;1.:et facilities. en e-.te::-:a:=.e:-:: lCI:.ge, am! a hCC'l for the f=~ radio stations KF:~ ar:c :OLD. we ...'ill ver;' ='". appreciate your approval on a cor:ditional basis as su~~ttee currently. I ~.ope you ...'ill approve = application and help ~ s~Jive! ~.ay I COl.:lt or: your support? S~cerly Yct.="s, Vb(~ V.I<. Shah Ger.eral Mar.ager Ec:r:o L=cge C:nre'ence Center 60a Fairway :;"ve or '.10 ono '.215 Cro'"'ge Shcw Rooo. EXIt on 1.215 Son 3ernoroino. CA 92403 714 325.7750 l-SOO.SS.:CCNC Norionw'oe 1eser\lOtlcns . 'c Et:3IT B 0 :; CITY OF SAN BeRNARDINO PLANNINu DEPARTMENT CASE Variance 89-3 FINDINGS of FACT AGENDA ITEM HEARING DATE 12-18-89 PAGE 1 x 2 x 3 x 4 x 5 x \. There are exceptional or extraordinary circ~~stances or conditions applicable to the property involved, or to the inte~ded use of the prope=ty, whic~ do ~ot apply genera::y to ot~er property in the sa~e zoning district and neighborhood in that the proposed use is an experiment of feasibility in relation to a motel. The variance is necessary for the preservation and enjoy~ent of a substantial property right of the applicant in that the feasibility experiment will demonstrate the viability of building a parking lot for semi-trucks so that the driver can make use of the facilities provided by t~e motel. The granting of the variance will not be materially detri- ~ental to the public welfare or injurious tc property and improvements in the zoning district and neighborhood in whic~ the property is located, in that increased dust levels will not i~pact air quality and traffic safety. The granting of such variance will not be contrary to the objectives of the General Plan, in that the public health and safety and the aesthetics of a City "gateway" and Redevelopment area will not be adversely impacted. The land use project identified in Variance Xo. 89-3 and Review of Plans No. 89-~9 is consistent with the General Plan adopted by the Hayor and Council on June 2, 1989, in- that the area is designated CG-1, General Commercial, and the parking lot is a permitted use in that designation. "r '- ..,.EXHIBIT C. -- '--' City of San Bernardino -.J. STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION .. PROJECT NUmber: VARIANCE 89-3 Applicant: ~.P. Ra~a for the JHM Inland E~pire Inc. ACTION Meeting Date: May 16, 1989 Approved Adoption Request Subject to Fact, Conditions Requirements. of Negative Declaration and the Following Findings of of Approval and Standard x Denied. Other. FINDINGS OF FACT 1. There are no 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 in that the property is flat and of adequate length, width and area to develop a parking lot which meets San Bernardino Municipal Code requirements. 2. The variance is not necessary for the preservation and enjoyr.ent of a substantial property right of the appli- cant in that all other properties are subject to the same restrictions and there is nothing unique to this property which .renders the restrictions unequitable. The property can be used for a parking lot if provided with appropriate improvements. 3. The granting of the variance will be materially detri- mental to the public welfare or injurious to property and improvements in the zoning district and neighborhood in which the property is located, in that increase dust levels ~ill impact air quality and traffic safety and, the potential for ground~ater contamination would increase. 4. The granting of such variance will be contrary to the objectives of the General Plan, in that the pUblic health and safety and the aesthetics of a City "gate~ay" and redevelopment area would be adversely impacted. ",.- \"... City of San Eer:- STATEMEST OF OF Variance 89-3 Page 2 .10 C ::; ";IAL PLANNING COMMISSION At :J ON 5. The Planning Department has investigated whether the land use project identified in Variance NO. 89-3. Application is consistent with the land use designations and policies in the Preferred Land Use Alternative Map and the Interim Policy Document. The proposed land use project by the Mayor and Common Council on May 23, 1988, a~ended on June 6, 1988, and approved by the State Office of Planning Research on June 9, 1988, in that the Document and Map designates the proposed site for CG, Co~~erical General users) which includes parking lots. VOTE Ayes: Nays: Abstain: Absent: Brown, Corona, Lindseth, Lopez, Nierman, Stone None Cole Sharp I, hereby, certify that this Statement of accurately reflects the final determination Commission of the City of San Bernardino. Official Action of the Planning Signature' rad L. Kilger. Oirec:or of Planning Nat:le and Title cc: Project Property Owner Project Applicant Building and Safety Dept. Engineering Division /nrng PCAGENDA: PCACTIONB