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HomeMy WebLinkAbout48-Development Services ORIGINAL CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Dept: Valerie C. Ross, Director Development Services Subject: Request for reconsideration of the denial of Appeal No. 05-24, upholding the Planning Commission denial of DPl No. 05-81, a proposal to establish a coin-operated laundry at 4399 N. Sierra Way in the CG-l, Commercial General land use district. Date: June 15,2006 MCC Date: July 10, 2006 Synopsis of Previous Council Action: Dec. 19, 2005: MCC denied Appeal No. 05-24, upholding the Planning Commission Denial of Development Permit Type I No. 05-081, a proposal to establish a coin laundry in an existing commercial building located at 4399 N. Sierra Way. Recommended Motion: 1. That the Mayor and Council reconsider the December 19, 2005 denial of Appeal No. 05-24. 2. That the hearing be closed and that the Mayor and Council reverse the denial of Appeal No. 05-24, thereby upholding the August 5, 2005 approval of Development Permit Type 1 No. 05-81, subject to revised conditions of approval recommended in Exhibit 3. ~(/.~ Valerie C. Ross Contact person: Terri RahhaL Deputy Director/City Planner Phone: 384-5057 Supporting data attached: StaffReoort Ward(s): 4 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. y..s-- 7/ID{OfQ Request for Reconsideration No. 06-0 I Hearing Date: July 10, 2006 Page 2 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Request for reconsideration of the denial of Appeal No. 05-24, upholding the Planning Commission denial of a proposal to establish a coin-operated laundry at 4399 N. Sierra Way in the CG-I, Commercial General land use district. Applicant: In Woo Lee 5072 Cadiz Circle La Palma, CA 90623 (714) 827-4541 Applicant: Golden State Laundry Systems 222 E. Redondo Beach Blvd. #C Gardena, CA 90248 (800) 465-8300 Representative: David P. Colella Fullerton, Lemann, Schaefer & Dominick 215 N. "D" Street, first floor San Bernardino, CA 92401-1712 (909) 889-3691 BACKGROUND: On August 5, 2005, acting under the authority of the Development Services Director, Planning staff approved Development Permit Type I No. 05-081, a proposal to establish a coin laundry in an existing vacant commercial building. The site is located at 4399 N. Sierra Way in the CG-I, Commercial General land use district (Exhibit I). On August 17,2005, Mary Cox, representing the Wildwood Park Neighborhood Association, filed an appeal of the Director approval action to the Planning Commission, citing concerns over public safety and neighborhood compatibility. Appeal No. 05-20 was considered by the Planning Commission on October 18,2005. Members of the Wildwood Park Neighborhood Association described neighborhood concerns about crime in the area and their particular concerns about the design of the existing building, which limits visibility of the interior as seen from the street. The Planning Commission also cited concerns about the fact that a coin laundry is a self-service facility that may have little or no on-site management. The applicants, Mr. & Mrs. Lee, assured the Planning Commission that they would be present at the site on a daily basis. Noting the fact that the Lees are not local residents, Commissioners indicated doubt about the amount of time they would actually spend at the site, and expressed concern about their ability to respond quickly to the site if needed. The Planning Commission voted 5 to 0 to I to grant Appeal No. 05-20, thereby overturning the approval of Development Permit Type I No. 05-081. Commissioners Brown, Durr, Enciso, Heasley, and Sauerbrun voted to grant the Appeal, Commissioner Powell abstained, and Commissioners Coute and Morris were absent. In support of this action, the Planning Commission adopted Finding of Fact No.8 as follows: The location, size, design. and operating characteristics of the proposed development would be detrimental to the public interest, health, safety, convenience, or welfare, in that the design and operating characteristics are potentially hazardous to the public safety. The design of the structure fully encloses the operating area of the laundry facility, placing patrons in jeopardy due to limited visibility from the adjacent streets. Request for Reconsideration No. 06-0 I Hearing Date: July 10, 2006 Page 3 On October 28, 2005, the original applicant, In Woo Lee, appealed the Planning Commission decision of October 18,2005 for consideration by the Mayor and Common Council. Appeal No. 05-24 (Exhibit 3) was heard by the Mayor and Council on December 5, 2005 and was continued for action on December 19, 2005. This appeal presented a 4-part argument for consideration: (I) that the evidence did not support the Planning Commission's finding of fact; (2) that the findings of fact did not support the Planning Commission decision; (3) that the Planning Commission abused its discretion in overturning the decision of the Development Services Director; and (4) that new evidence and additional information to be presented by the appellant would warrant reversal of the Planning Commission action. The new evidence referenced in the appeal to the Mayor and Council was a commitment from the appellant, Mr. Lee, to install a 16-camera surveillance system, add windows to the exterior walls, install a silent alarm, and add exterior lighting to improve security of the building, making it safer and more convenient for the proposed use as a coin-operated laundromat. Upon hearing the information presented by the appellant, as well as the repeated concerns from the neighbors, the Mayor and Council denied Appeal No. 05-24, upholding the Planning Commission denial of Development Permit I No. 05-081. CURRENT REOUEST: Since the final appeal action in December 2005, Mr. & Mrs. Lee have sold the proposed laundry business to Golden State Laundry Systems, a regional coin laundry corporation that owns coin-operated laundries throughout southern California, including other sites in the City of San Bernardino. The Law Offices of Fullerton, Lemann, Schaefer & Dominick, LLP represent the Lees and Golden State Laundry Systems in this Request for Reconsideration. In accordance with the public hearing provisions of the Development Code, a formal request to reconsider the December 19, 2005 Council action was filed with the City on December 29,2005. Development Code Section 19.52.140 provides that "If more complete or additional facts or information which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action... "The additional information to support the Request for Reconsideration was submitted on May 1, 2006 (Exhibit 2). The Request for Reconsideration introduces Golden State Laundry Systems, citing a 60-year track record with state-of-the-art coin laundry facilities, including the highest quality equipment, efficient design and operator training. It also reiterates the commitment to install security cameras, a glass storefront and enhanced exterior lighting, as promised in Appeal No. 05-24. The most significant addition to the proposal, which warrants reconsideration, is a new commitment to maintain at least one staff attendant on site during all hours of operation. (Monday - Saturday: 6:00 a.m. - 10:00 p.m., Sunday: 8:00 a.m. - 8:00 p.m.). CONCLUSION Development Permit Type I No. 05-081 was originally approved administratively because a coin laundry is a permitted use in the CG-I, Commercial General land use district. Typically, re-use of an existing commercial building with a permitted commercial land use is a routine action. The controversy and multiple appeals resulting from this Development Permit approval demonstrate a Request for Reconsideration No. 06-01 Hearing Date: July 10, 2006 Page 4 heightened sense of awareness and concern in the surrounding neighborhood about the use of this particular site. Considering the safety issues that came to light in the two appeal hearings, and despite the automated security measures promised in Appeal No. 05-24, staff would conclude that the building located at 4399 N. Sierra Way is not suitable for an unattended self-service commercial establishment. However, with the added security of a full-time staff presence on site as promised in the Request for Reconsideration, the proposed coin laundry would be similar to any other small retail business that might be established at the site, and should therefore be approved, subject to the revised conditions of approval as recommended. RECOMMENDATION Staff recommends that after due consideration of the new information presented by the applicant, the Mayor and Common Council: I. Reconsider the December 19, 2005 denial of Appeal No. 05-24. 2. Reverse the denial of Appeal No. 05-24, thereby upholding the August 5, 2005 approval of Development Pennit Type I No. 05-81, subject to revised conditions of approval recommended in Exhibit 3. FINANCIAL IMPACT None. The applicant submitted a processing fee for the reconsideration request. EXHIBITS: I Location Map 2 May I, 2006 Request for Reconsideration 3. Revised Conditions of Approval 4. December 5, 2005 Request for Council Action on Appeal No. 05-24 (including additional background attachments) EXHIBIT 1 ~ CITY OF SAN BERNARDINO PROJECT: Appeal No. 05-2-t PLANNING DIVISION IDPI No. 05-081) LOCATION MAP - LAND USE DISTRICTS HEARING DATE: 10/18/05 u NORTH . .Z!~ ../Jf1ft1v ~ '... II ~ ~" : . .. / I , I ~ ':l ~ .' ~I , I 'VID P. COLELLA ..RIC M. DAVISON THOMAS W. DOMINICK* EMMA D. ENRIQUEZ WILF"RID C. LEMANN LEE B. MADINGER WARD T. SCHACHT MICHAEL R. SCHAEF"ER CRAIG E. WILSON L.AW OF'F'ICI:I!I FULLERTON, LEMANN, SCHAEFER & DOMINICK, LLP 2 15 NORTH 0 STREET. F'IRST FLOOR BAN SERNARDINC, CAL.IFCANIA 92401.1712 TELEPHONE t9091 9B9-3691 FACSIMILE (9091 BBB-S 119 f'"IRM WEBSITE: WWW.INLANDBUSINESSLAW.COM 'CElIlITlI"IEO SPECI"LIST EST"TE PL"NNINti. TlIlIUST .s. PlIlI08ATE LAw T....I: ST"TE 8AR 01" CALIF"ORN'A 80AlIlID OF" lEGAL SPEC''''Lll'''T,ON May 1,2006 To the Mayor and Common Council, Fullerton, Lemann, Schaefer & Dominick, LLP on behalf of: In Woo Lee and Golden State Laundry Systems REQUEST FOR RECONSIDERATION EXHIBIT 2 OF COUNSEL ROBERT V F"ULLERTON DANIEL W. HOLDEN 'A ..ROf"ES5'ONAL COIilPOIiIATlON PALM DE.EIIlT O""CE p-.FitC CENTER 77564-.0. COUNTIIIY CLUB OR. SUITE' !lO PAL.... DESERT, CA 922 I 1 (7601 779-9572 O'5j() / /01:1 f1Je EXHIBIT 2 LAW OF',.ICEB FULLERTON, LEMANN, SCHAEF"ER & DOMINICK, LLP ~VIO f"'. COLELLA .Rle M. DAVISON THOMAS W. DOMINICK" EMMA O. ENRIQUEZ WIL.F'Rro C. L.EMANN LEE B. MADINGER WARD T. SC;HACHT MICHAEL R. SCHAEF"ER CRAIG E. WILSON 215 NORTH 0 STREET, F"IRST F"LOOR BAN BERNARDINO, CALIF'CRNIA 92401~171Z TELEPHONE (9091 8e9-369' F'ACSIMlLE (909) BBB'51 1" EMA1L; OCOI..ELLA@'NLANOBUS1NESSLAW.COM FIRM WEBSITE: WWW.1NLANDBU5INESSLAW.COM OF" COUNSEL ROBERT V FULLERTON DANIEL W. MOLDEN A PIilOl'E5S'ONA... COI'lPOR4no" PALM DE.C;~ O"",CI: p....Re CENTEIl 77564-A COU"lTRY CLUB OA. SUITE 1 SO PALM DESERT. CA 9221 1 (7601 779-9572 'CERT,IClED SPECI......IST ESTATE PLANN''''G. TRUST & PROBATE LA.... T....E ST..TE a....1lI 01' CAL''-ORNIA BO....RD OF" LEOA!.- SPEC,A.L<ZA,T10N May I, 2006 VIA HAND DELIVER Y City of San Bernardino Mayor and the Common Council 300 North "D" Street San Bernardino, California 92418 Re: Reconsideration of Appeal Development Permit 05-81 Project Site: 4399 North Sierra Way Proposed Use: Coin-Operated Laundromat Dear Mayor and Common Council: This firm provides representation to Mr. and Mrs. Lee and Golden State Laundry Systems. The Lees have sold the laundromat business to Golden State Laundry Systems ("Golden State"). This letter serves as a guide to the business plan of Golden State in making the subject premises successful as a quality coin-operated laundromat. This request for reconsideration, made pursuant to Development Code Chapter 19.52, comes before you after the Common Council's denial of the Lees appeal to approve the Development Permit 05-81 for a coin laundry facility to be located at 4399 North Sierra Way. The grounds supporting this request for reconsideration are sufficient to meet the elements of Chapter 19.52.140 which allow for "more complete or additional facts or information, which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the Department within 15 days following the final date of action." The Lees' appeal was denied at the December 19,2005 Council Meeting. On December 29,2005, a formal request for reconsideration was filed with the City. As outlined below, more complete and additional facts and information are now presented which may affect the action taken by the Common Council at the December 19,2005 hearing. Letter to City and Common Council May I. 2006 Page 2 of4 EXHIBIT 2 Golden State Laundrv Svstems provides an owned/operator with a stellar record of experience, support and commitment to the areas in which it invests. Golden State has been building and servicing on-premise and institutional laundries since 1943. With over 60 years experience in the business, Golden State has a stellar reputation for its expertise in the setup and operation of a successful coin laundry. Golden State uses only premium quality equipment aimed at attracting an equally respectable customer. One component of its full-service business is the design, layout, equipment selection, installation and training of an on-premises laundry. Golden State is adept at every need and facet of the laundromat business. Golden State has fully committed itself to this project that comes before the Mayor and Common Council today. Golden State is no stranger to the Inland Empire or San Bernardino. Golden State has had a hand in numerous coin laundries throughout the area, including multiple laundries in the City of San Bernardino. Golden State knows the area and is aware of what will and will not work. Golden State has made the business decision to invest in the north-end community of San Bernardino. This decision was not made lightly, but only after a thorough review of all relevant factors and the feasibility of a coin laundry in this area. Based on extensive experience and knowledge, Golden State is convinced a coin laundry of the type proposed here will flourish in the area and force lower-end coin laundries to adjust to Golden State's higher level of quality or fall to the wayside. The City is fortunate to have Golden State willing to invest its resources, time and expertise in this proposed project that will become an asset to the surrounding community, fill a current unsightly vacancy and continue the sorely needed revitalization in this area. The new measures proposed bv Golden State will adequatelv address the concerns of the Common Council regarding the approval of Development Permit 05-81. Neighborhood Crime: At the previous hearing before the Common Council, neighborhood crime was a prevalent concern voiced by the Council. The current design of the structure was voiced as a possible ground for objection. As laid out below, Golden State has proposed a variety of measures aimed at allaying the Council's concerns. Golden State has shown a willingness to do everything within its power to control the crime element in and around its business, but ultimately the City is responsible for the protection of its citizens. What Golden State intends to do is make the premises as uninviting for potential criminal activity as possible - which Golden State has proposed and will be elaborated on further. Golden State's aim is to create and bring into this community a high-end coin laundry that will service the needs of this neighborhood. The image this laundry will project is one of class, sophistication and safety; an atmosphere absent from other coin laundries in this particular part of Letter to City and Common Council May I, 2006 Page 3 of4 EXHIBIT 2 town. The experience and proven track record Golden State brings to the equation is unmatched and guarantees a top-notch, efficiently run operation. In the pursuit of addressing any and all safety concerns, Golden State has proposed and incorporated into the building design the following additions/revisions to the previous plan presented to the City: (1) The installation of an advanced camera system including multiple mobile view cameras that can be remotely controlled from anywhere the administrator can access the Internet. This system provides an upgrade over stationary cameras because it allows the administrator to adjust the camera and follow any suspicious activity and cover every possible angle. This system can also be equipped to provide motion detection that provides additional protection during non-business hours; (2) Significantly upgrade the outdoor lighting to better provide for customer safety as well as citizens in the vicinity of the business; (3) The expanded installation of glass throughout the building. This proposed change includes utilizing full glass doors for the storefront. In order to create a complete "see through" effect, Golden State has also designed the structure to include full glass rear doors, large pane windows and an open patio area in the rear of the structure. (4) The presence of at least one staff member on premises during all hours of operation to constantly monitor the business' operation. Golden State has proposed these additions with the protection of its potential customers and the neighborhood community in mind. Golden State has a very astute understanding of what makes a successful business - namely repeat customers. Without adequate protection, Golden State would stand to lose its viability. Golden State, with years of experience and knowledge of the industry as support, has made a business decision to invest in this community and this coin laundry project. If anyone can make this project work and address safety issues that are associated, rightly or wrongly, with coin laundries, then Golden State is the entity to do so. Owner Involvement: A concern voiced at the previous hearing was that the owners resided in a different city and would not be around to monitor the laundromat. This is a problem widely seen throughout this particular area regarding absentee landlords in adjacent apartment complexes. As noted during the last hearing, the absentee landlords and their failure to monitor their tenants is more closely related to the criminal element than the presence of a coin laundry. Nevertheless, it is a valid concern of the Council and Golden State appreciates the desire for this Council to hold property owners and operators accountable to the community. As put forth above, in Golden State the City is securing a tenant that has a longstanding, successful history in the area with a proven commitment to the community. This project has involved an investment exceeding $750,000. Golden State would not be Letter to City and Common Council May I. 2006 Page 4 of4 EXHIBIT 2 part of such an investment if it did not feel the project was viable and surely isn't planning on walking away from the project and its investment once approved. Part of the reason for Golden State's past success is that it is very present in the current operations of its businesses. Golden State is in the laundromat business. This is what Golden State specializes in and has done so for over 60 years throughout the Inland Empire. The City would be hard pressed to find another operator with the experience, resources, patience and background Golden State provides. The Council can rest assured that Golden State only made this investment after fully committing itself to the time and resources necessary to see it succeed. Equally important, Golden State has the time and resources to see this project through to becoming a successful business. The Mavor and Common Council should reconsider the denial of the appeal in this matter and approve the Development Permit 05-81 for the operation of a coin laundry facility at 4399 North Sierra Way. Golden State proposed measures outlined above have been designed to address every concern voiced during the previous hearing. This business use is not only possible and permissible, but is a necessary step in filling one of several vacant buildings with a tenant willing to make a contribution to the community. Golden State has the ability to create an upscale, well-run, affordable coin laundry that will raise the bar on what is expected from customers, thereby forcing surrounding businesses to adjust accordingly or face losing out on business. By raising the standards, the best businesses rise to the occasion and remain viable while those businesses not willing to improve in accordance with economic revitalization will miss out and be replaced by those seeking to make the needed community investment. The presence of lively businesses fosters foot traffic and community awareness. A community that is actively involved, as well as patronizes, these businesses is one building block upon which to reduce the criminal element in the area. Golden State is a willing participant in this revitalization and offers the type of fresh, clean and safe business the community needs. For the reasons set forth above, the Mayor and Common Council should reconsider the denial of the appeal in this matter and approve the Development Permit 05-81 for the operation of a coin laundry facility at 4399 North Sierra Way. Thank you for your consideration in this matter and Golden State looks forward to answering any questions the Mayor and Common Council might have regarding the project. Very truly yours, FULLERTON, LEMANN, SCHAEFER & DOMINICK, LLP ~~. G~d-- Enclosures EXHIBIT 2 PROPOSEDFLOORPLAN \ w/,: w/,: W/,... w/,:. ~/,:; ~k; W/.: W/,: W/,:. ~k, ~k; 1D303G TD3OJO 'J'D3(IJO TDJOJO TDJOJO TD3OJO TD3OJO 'ID303O lDJ030 JD303Cl TDJOJO "o,.~ o "'" VLdeo Folding Table 1:630 E6JO [6.30 [6.)0 [630 [6)0 [630. [6JO [6.}0 [630 1:630 [630 [630 [630 . . . . oJ . . '. . . . . . . i"610:i'61.0:i620 i610 i'610 i61Oi"610'i6JOji"610'i'62G i620:.E640 ;640 :1140 .[640 Ii I: I iL91 15$93 : . . . I I I I I iL'3 iS91 ; i":J 0t93 "93 ot9l 0"3 .... ,... Folding Table '.t " os os otOCa.l OEoeGJ. (t(0(Q.L O(OE<<.1 Gro(lll O(OEfU 0(0(<<.1. orlKa.L 0(0[(11 orom.l OtOCa.L 0[0(Q.l. ,.~ ,~)",. ://0 ~:'l"h-. CYh-. :/'~ :/'//, .:'oW/, ~.''l''h-. 'Yh-. CYh-. Y~ j//, :.oW/, "" \I'Oilo /1. ( ~! .:P -.J..t>lf:i I I .... .... ~e o ~e o j 0, ~~ '~ EXHIBIT 2 , EXHIBIT 2 PROPOSED CAMERA SYSTEM - POTENTIAL AL TERNA TIVES Welcome to Laundry Spy remote digital security systems for business and residential surveillance EXlllBIT 2 . b9lJ_IlQrXSPY UTE~....,;, · CuStom Sysfe"I LaundrySPY PRO Onsite 4 to 16 camera digital security system in full color with on-site audio and 30 day storage. Professional black components including steel rack mount Gase with locking doors and 17-inch monitor. System is fully expandable as your business grows. LaundrySPY PRO is the complete security solution offering digital storage, futl-featured alarm functions, and remote access. It's easy to use and easy to set up. Record, playback, view, and archive right from LaundrySPY PRO. Print out time/date stamped photos using exclusive snapshot feature. Search quickly through recorded footage using the LaundrySPY PRO time and date search function. View in multi, quad, or single screens with full screen options. Includes built-in digital zoom and supports most remote pan, tilt, and zoom camera protocols. Support for High Resolution Cameras with 640x480 dpi options. No VHS tapes to fumble with or store. Full.featured alarm system ready to run right out of the box. Combine LaundrySPY motion detection options, 24-hour camera scheduling, call out functions, and optional dry contacts kit to secure your doors, windows, employees, customers, and business 24 hours a day. Remote access viewing. Using the exclusive LaundrySPY Remote Access Softv./are, view your business from anywhere in the world. With a simple click. you can view live or previously recorded footage. Search recorded footage remotely using the time & date search feature. Many owners use the modem direct connection, but LaundrySPY PRO also supports cable & DSL. LaundrySPY Pro Specifications '.d. _ _ II_____~. 1_ __~ ...2_______ ___1___...:1.._.._ 1...._1 ?./''In/''lllllt:. Welcome to Laundry Spy remote digital security systems for business and residential surveillance EXHIBIT 2 Computer/Server . Black steel rack mount case . 30 days of digital storage . Fully upgradable & expandable . 3 fans with removable filtration Keyed locking front panel CD.RW & floppy drives LaundrySPY 16 Input Camera Card (60 Ips) . LaundrySPY Host Software . Windows XP Professional operating system . 56K voice/fax modem Keyboard & Mouse Power Cord Monitor 17 inch color monitor Tilt/swivel bas'e Power cord Cameras & Cables Color mini dome cameras (standard or high resolution) . Color smoke detector camera . BO-foot cables/connectors . Power strip/surge protectors Options & Upgrades . 60 day storage . Additional cameras (up to 16 total) Optional dry contact interface . Optional 16 input channel audio . Optional 120 fps or 240 fps input camera card . 60 foot extension cables . Back up power supply . 19 inch or LCD monitors LaundrySPY Software Easy to use recording, playback, & archiving . Scan footage fast using the jog control dial Remote playback and recording . 365-day, 24-hour camera scheduling . Motion detection with call, page, & message machine options . Motion detection adjustment & test screen . Snapshot feature-print out, save to disk, or e-mail to law enforcement Embedded time/date snapshots Optional camera sequencing Built in digital zoom Remote pan, tilt, zoom camera support . Joystick control for PTZ cameras Single, quad, or multicamera viewing Full screen viewing tndividual camera picture adjustments . User defined camera naming . On site audio recording . Time & date search function Employee password protection with user defined levels of security . Optional dry contact alarm interface . Remote Access-modem, DSL, cable Alarm e-mail notification with attached snapshot . IP camera support Support CIF. 2CIF. & 4CIF frame resolution POcketPC Remote Software Free soft'Nare upgrades . On line help screens Phone tech support For information about other LaundrySPY systems, click on one of the links below; http://www.laundryspy.comJproducts.html 3/20/2006 Welcome to Laundry Spy remote digital security systems for business and residential surveillance EXHIBIT 2 . b9~_llc1rySPY ""'" i:..i -II" f ,......... fl . This is how the laundrySPV screen looks remotely and on-Site. LaundrySPV continually records all Images to the hard drive. Up to 30 days. . Imag~ are live from your business whenever you call in from home. . Record, play.back, archive, and store images on thl!: laundrySPV computer. System comes tumkey, wjth everything you need for complete installation. . View in mul~i-screen (up to 16 cameras), 'L!!cra~~, or single screen format With a click on the tool bar. . View any camera in color or blaCk and white. . Take a snapshot of any frame; then pnnt It out or e-mail it. Hiwe the system call or page you when uSing the motion detection feature. Record continuously 24 hours a day, or use the exclUSive LaundrySPY scheduler feature to have cameras turn on or ort automatically. . This is an actual print out of a computer screen at a remote location. http://Vvww.laundrvspy.com/more.html 3/20/2006 EXHIBIT 2 ~ SYSTEMS GROUP Inc. EE904DVS . . ~._. " f t 1 t \ EE904DVS -- NavWatch I EE904DVS Dig!tal Video Recording Sysyem The NavWatch I EE904DVS is a simple powerful flexible 4 channel PC based Digital Recorder with Independent Recording Rate and Resolution. The remote administration and web browser function make your surveillance easier. , -_.'. Simple Powerful Flexible EE Systems Group Inc. , N 4978 ~nta Anita Ave. Temple City. CA 91780 Phone Number: 1-877-579-3889 Fu NumtNIr: (626) 452.9194 _.-.gLcom _8.0_ IXl'''_ EXHIBIT 2 NavWatch J EE904DVS ~SYSTEMS GROUP Inc. ~. ~.__. . " I t ~ \ \ I ,'I'1iij ':1 ,:,"~, ~:. . :'~'~1'1 ,,-( .,'1 ';' ; ~ ~ ~~~_. ~ _- 'IN,,,, ';."" ,~r-.i:: ;.1;~ ~ :.;;C :. ^.4,.. ..~- ~~~~.~ \ " ... .. .4. ~ , , i ! , fa! , --.J f...,.." j fe-=- -:::r .- ...=. ~~ .~- ~ .. Digital Video Recording Sysyem Features and Benefits . PC based Digital Recorder . Independent Recording Rate, Resolution .30 FPS Frame Rate (upgradeable) . Video Authentication . Remote Multi-Location Access . Remote Event Notification . Remote Administration . Executable Backup . Local & Remote PTZ Access Capability . Selectable Port Addressing . POS Database Interface . Intelligent Search Engine . Full Screen View} Playback . Picture in Picture . Easy Calendar Index Playback . Heavy Duty Wall Mounting Setting Complete Package Includes: 4CH.DVS UNIT / 30fps, 120GB /45DAY+ LCD 14-15" MONITOR MOUSE & KEYBOARD ACCESSORY SOFTWARE X 1 set X1 X 1 X 1 set X 1 set EE Systems Group Inc. '" ;" 4978 Sointa Anita Ave. Temple City, CA 91780 Phone Number: 1-877.519-3889 Fax Number: (626) 452.9'94 _.eagi.ccm _lIE. 0._ EXHIBIT 3 CONDITIONS OF APPROVAL - DPI No. 05-081 Super Coin Laundry 4399 N. Sierra Way *REVISED BY MCC JULY 10,2006 1. This Development Permit Type I is an approval to establish a coin operated laundry located at 4399 N. Sierra Way. The laundry facility shall be operated between the hours of 6:00 AM to 10:00 PM Monday through Saturday and 8:00 AM and 8:00 PM Sundays. *2. At least one employee, manager or proprietor shall be on site during all operating hours. *3. The falj:ade of the building shall be remodeled by adding large windows and glass doors, to ensure visibility of the interior from the street. *4. Outdoor lighting of the parking area and storefront shall be upgraded to meet current standards. S. 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 and void. However, approval of the Development 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. Expiration Date: July 10,2008 6. The review authority may grant a one-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. 7. In the event this approval is legally challenged, the City will promptly notiry the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemniry and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA 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 obligation under this condition. DPI No. 05-081 Conditions of Approval Revised by MCC 7/10/06 EXHIBIT 3 The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Development Permit is rescinded or revoked, whether or not at the request of applicant. 8. The 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 (as applicable); emission control of fumes, vapors, gas 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. 9. Signs are not approved as part of this permit. Signs painted on the outside of the building are prohibited. Signage for the facility must be submitted for review and be approved by Planning Staff under a separate sign permit application prior to commencement of use. 10. No painted window signs, roof signs, permanent sale or come-on signs will be permitted at this site per SBMC S 19.22.060. II. Any/all existing signage on-site shall be brought into compliance with the current Development Code requirements. 12. If public pay phones are installed on the site, they must be located inside the building and fixed for outgoing calls only. 13. The project shall comply with all applicable requirements of Public Works, the Building Division, the Police Department, Water Department, Public Services Department, Refuse Division, and the City Clerks Office, Business Registration Division. 14. The project shall comply with all applicable requirements of other outside agencies (i.e. San Bernardino County Health Department, San Bernardino Department of Environmental Health Services, and the California Board of Equalization) as applicable. 15. All graffiti must be removed within 24 hours of its occurrence. The management shall take a photograph of the graffiti and provide it to the Police Department before removing the graffiti. 16. All exterior lighting shall be energy efficient with the ability to lower or reduce usage when the facility is closed. Signage may be required to be turned-off when the facility is closed. 17. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Public WorkslEngineering shall include all Conditions of Approval and Standard Requirements issued with the Planning approval. 18. No "entertainment" is allowed at this location. 2 DPI No. 05-081 Conditions of Approval Revised by MCC 7/10/06 EXHIBIT 3 19. No exterior loudspeakers are approved in conjunction with this use. 20. The proposed patio shall be surrounded with a barrier that will separate the patio from the adjacent alley, but allow visibility from 44th Street. An opening shall be maintained as/if needed to meet accessibility requirements (as described below). 21. Chairs (and any other furniture, planters, etc) placed on patio shall be: a) Arranged to allow for accessibility at all times; and b) Maintained, repaired, or replaced so as to always appear to be in good conditions (like new). 22. Chairs (and any other furniture, excluding planters and clear fencing) placed on patio shall be taken into the structure and stored overnight. 23. No outdoor storage of any materials shall be allowed on-site. 24. The existing structure shall be repaired (as needed) and repainted (with the colors and painting scheme subject to approval of the project planner prior to commencement of use. 25. Plans submitted to Building and Safety, Public Works, and other departments shall include all provisions of the Site Plan Checklist (as attached). All structures onsite shall be indicated accurately and properly dimensioned. 26. The entire parking lot shall be resurfaced and restriped according to Public Works requirements and Development Code standards. This shall include but not be limited to curbing, lighting, landscaping, circulation, etc. 27. Noise from facility shall not exceed 65 dBA as measured at the property line of adjacent residential land use district. 28. Landscaping and irrigation shall be upgraded to meet current Development Code standards as follows: a) Full setback landscaping along Sierra Way and 44th Street b) 15% of entire parking area shall be landscaped and irrigated. c) I tree per four parking stalls d) Landscaping in pots/planters placed inside of the clear solid safety fence along the proposed outdoor patio (as described on item number 17 above). 3 DP! No. 05-081 Conditions of Approval Revised by MCC 7/10/06 EXHIBIT 3 29. Any planters or furniture placed in the outdoor patio area shall not obstruct a clear view from the adjacent public rights-of-way (44th Street and the Alley). 30. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a Fire Department b. Building and Safety 31. AIl conditions of approval shall be met prior to establishment of use. 44th Street Doors >-. 2 ~ lear Fence Planters (Typ.) Path of Travel hairslbenches t NOR H Outdoor Patio Detail N.T.S. Note: The patio detail is a suggested configuration to illustrate compliance with the conditions of approval. 4 EXHIBIT 4 CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Dept: James G. Funk, Director Development Services Subject: Appeal of Planning Commission's denial of Development Permit I No. 05-81 to re-use an existing vacant building as a coin operated laundry facility located at 4399 N. Sierra Way in the CG-l. Commercial General land use distric!. Date: November 15. 2005 MCC Date: December 5. 2005 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's denial Development Permit I No. 05-81 based upon the Findings of Fac!. V~C~~.)r V James G. Funk Contact person: Ben Steckler. Associate Planner Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 4 FlJI'IiDING REQUIREMENTS: Amount: N/A Source: (Acc!. No.) (Acc!. Description) Finance: Council Notes: Agenda Item No. EXlIIBIT 4 CITY OF SAN BERNARDINO - REQUEST FOR COl':\CIL ACTION STAFF REPORT SUBJECT: Appeal of the Planning Commission's denial of Development Permit No. 05-081 Appellant: In Woo Lee 5072 Cadiz Circle La Palma. CA 90623 (714) 827-4541 BACKGRO~D: Mr. & Mrs. Lee are appealing the Planning Commission's denial of Development Pennit I No. 05-081 to re-use of an existing vacant building as a coin operated laundry facility. The project site is located located at 4399 N. Sierra Way in the CG-l, Commercial General land use district (Exhibit 1). On August 5, 2005 Planning approved Develqp.ment Permit I No. 05-081 to reuse an existing structure as a coin operated laundry facility. on August 17. 2005 Mary Cox, representing the Wildwood Park Neighborhood Association filed an application of appeal in regards to Development Permit I No. 05-081. citing safety and compatibility as concerns. At their meeting of October 18, 2005. the Planning Commission voted 5 to 0 to 1 to deny Appeal No. 05-20 thereby denying Development Permit No. 05-081. Commissioners Brown. Durr, Enciso, Heasley, and Sauerbrun voted to deny the Appeal and Development Pennit, Commissioner Powell abstained, and Commissioners Coute, and Morris were abs~nt. The Planning Commission determined that Finding of Fact number 8 could not be made in support of the requested coin laundry facility.: The Finding of Fact as determined by the Planning Commission reads as follows: . The location, size, design, and operating characteristics of the proposed development would be detrimental to the public interest. health, safety. convenience, or welfare in that the design and operating characteristics are potentially hazardous to the public safety. The design of the structure fully encloses the operating area of the laundry facility, placing patrons in jeopardy due to limited visibility from the adjacent streets. On October 28, 2005, Planning staff received an appeal application (Appeal No. 05-24). The appellants' grounds for the appeal are that (1) evidence does not support the finding of fact; (2) EXHIBIT 4 tindings of fact do not support the decision; (3) Planning Commission abused its discretion in overrurning the decision of the Director of the Planning Division; and (4) new evidence. The new evidence referred to is listed in the 'additional information' section of the application, which identifies that Mr. Lee is willing to install a 16 camera surveillance system, add windows to the exterior walls. install a silent alarm. and add exterior lighting. These concessions are in direct relation to the issues identified by the Planning Commission, in an attempt to make the existing strucrure safer for the proposed use. Staff is not sure what the appellant means when they state that the " (1) Evidence does not justify the findings of fact" and/or "(2) Findings of fact do not support the decision." The Planning Commission determination was made based upon personal observations of site conditions and with Finding of Fact number 8 read into the record as included above. Thus the evidence they saw on their site visits supported their decision, and the Finding of Fact identified was made and read into the record, clearly in support of their decision. The Planning Commission is the appeal authority when reviewing a determination by either the Director or the Development Review Committee, as identified by Development Code Section 19.52.090. Finally, although staff agrees that the concessions offered could make the strucrure and use more safe, however, it is not clear that they would make the structure safe enough for the proposed use based on the application provided. FINANCIAL IMPACT None. The appellants submitted appeal fees. RECOMMENDATION Staff recommends that the Mayor and Common Council close the public hearing, deny the appeal and uphold the Planning Commission's denial of Development Permit I No. 05-81 to re-use an existing vacant building as a coin operated laundry facility based on the Findings of Fact as determined by the Planning Commission. EXHIBITS: I Location Map 2 Planning Commission Staff Report Dated October 18. 2005 3 Application for Appeal No. 05-24 EXIDBIT 4 EXHIBIT 1 CITY OF SAN BERNARDINO PROJECT: Appeal No. 05-2-+ PLANNING DIVISION (DPI No. 05-081) LOCATION MAP. LAND USE DISTRICTS HEARING DATE: 10/18/05 u NORTH . .Z!~ ../Jf'ft1V & I.~ 1/ ~ ~ ," 40TH 1 t!!:Je. r r ",,00' ,. j c . .. I I , I .J .' " I I EXIllBIT 4 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISIO~ CASE: AGENDA ITEM: HEARING DATE: WARD: De\'elopment Permit I :'>:0. 05-081 (Appeal No. 05-20) 3 October 18, 2005 4 APPELANT(S): Mary Cox \-Vildwood Park Neighborhood Ass. PO Box 512 Patton, CA 92369-0512 (909) 886-3673 APPLICANT: In \^,'oo Lee 5072 Cadiz Circle La Palma, CA 90623 (71~) 827-4541 REQUEST/LOCA nON: An appeal of the Director's approval for the re-use of an existing vacant building as a coin operated laundry facility. The project site is located at ~399;';. Sierra Way in the CG-1, Commercial General land use district. CONSTRAINTS/OVERLA YS: N01\E ENVIRONMENTAL FINDINGS: o Not Applicable ~ Exempt; Section 15301 - Existing facilities o No Significant Effects o Previous Mitigated Negative Declaration o Potential Effects, MitigationMeasures and !\Iitigation Monitoring/ Reporting Plan STAFF RECOMMENDATION: o Approval o Conditions ~ Denial o Continuance to: EXHIBIT 4 De\dopmem Permit I'o. 05-081 Appeal ,05-20 Hearing Date October 18. 2005 Pag~ ..2 APPELLANT'S GROUNDS FOR APPEAL Appeal of the Director's approval for the re-use of an existing vacant building as a coin operated laundry facility located at 4399 N. Sierra Way (see Attachment A). The appellant's grounds for appeal is that the proposed use will attract loiterers who may be either crimina\' or homeless people, and that there is an over concentration of this type of business in the area (see Attachment B). BACKGROUND/ANALYSIS Development Permit I No. 05-081 was submitted on May 6, 2005 to establish a new coin operated laundry facility in an existing vacant structure. The San Bernardino Development Code S 19.06.020, Table 06-01 allows for self-serve laundry facilities in the CG-l, Commercial General land use district. Re-use of an existing building with a permitted use is a Director determination (Development Code Section 19.31, Table 31.01). The Development Code does not require any specific standards of development for the proposed use, nor does it contain any location restrictions (as related to over concentration). Thus, the general requirements of the Development Code were considered when reviewing the proposed pi-{lject. - Presented with an application to establish a use that is allowed by the Development Code and an existing structure that was proposed for re-occupancy, staff found that the proposed use was consistent with the Development Code. Staff understands the concerns of Wildwood Park Neighborhood Association, however staff believes that the use isn't necessarily the problem, which is most likely to be related to management practices. The Conditions of. Approval were drafted in accordance with a,1l applicable Development Code requirements and DPI No. 05-081 was approved (see Attachment C). COMMENTS RECEIVED Mr. Richard B. Andrade submitted a comment letter on October 7,2005 as the attorney for the Development Permit proponent (Mr. & Mrs. Lee). In this response ~lr. Andrade addresses the concerns brought about by the appellant, and expresses the applicant's beliefs that the proposed use is the best possible use for the project site. Many of the comments related to San Bernardino County statistics do not appear to be applicable to the project or the appeal (see Attachment D). EXHIBIT 4 Dewlopment Permit No. 05-08\ Appeal W~.20 Hearing Dale October 18. 2005 Page 3 CONCLUSION Based on the City's records staff found no facts and! or data to support the appellant's grounds for the appeal. RECOMMENDA nON Staff recommends that the Planning Commission close the public hearing, deny the appeal and uphold the Director's Determination that the coin operated laundry facility may be established, based upon the supporting data contained in this staff report. Respectfully Submitted, Ja~~.~rr Director, Development Services :13-4 L~' -'-) Ben Steckler Associate Planner Attachment A Attachment B Attachment C Attachment D location Map Appeal Application Development Permit I No. 05-081 Approval letter of response to the appeal dated October 7, 2005. EXHIBIT 4 ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: Appeal No. 05-20 PLANNING DIVISION (DPI No. 05-081) LOCATION MAP - LAND USE DISTRICTS HEARING DATE: 10118105 u NORTH . .Z! ~ JJf(t1~ ~ I.. '/ e& .. ~ 1 ~," 40TH ~ ':l c . ~ i I , I .J il '/ / A TTACH~IENT B EXHIBIT 4 ~: p 0"7 . ~ ..J . CITY OF SAN BERSARD/:YO De~'elopmellt Sen'ices Departmellt, Plallllillg Dil'isioll 300 ~orth "E" Street. 3,e Floor San Bernardino. CA 92';IS Phone (909) 35.1-505- . 19091 38-l-50Su \\'eb address: www.sbcityorg 4 ,~c_-"::"( .:- .... <: "~ -; APPLICA TIO:\' FOR APPEAL APPEAL FROI\I A DECISIO:-i Of THE (check one) o Development Services Director o ~\'elopmentlEnvironmental Review Committee @l"Planning Commission Case number(s): ~ 0""5. oe I Project address: 4399 North Sierra Hay, San Bernardino Appellant's name: Appellant's address: ,Jellant's phone: Wildwood Park Neighborhood Association p, O. Box 512, Patton CA 92369-0512 None .-'-ppellant's e-mail address: none Contact person's name: ~Iary Cox Contact person's address: 219 E. 4;th Stre.t, San B.rnardino CA Contact person's phone: (909) B86-3673 Contact person's e-mail address: NONE Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form wIthin 15 days following the final date of action. accompanied by the appropnate appeal filing fee. Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Counctl within 30 days of the filing date of the appeal. You will be nOtltied, in \\Titlng. of the specific date and time of the appeal hearing. FflCE l"SE O:'liL Y Date appeal filed: Received by: , .' . 7 ~ ,,.; I : t:wJ l' r '-. '.-, ~-'\"~Rf-RNAIIDlNO I:~ ., .....n;;.'&f(-. EXHIBIT 4 r -~UIRED INFORMA nON FOR AN APPEAL Specific action being appealed and the date of that action: DPI #05-081, dtd Aug 5, 2005 COIN LAUNDRY FACILITY AT 4399 North Sierra Way, San Bernardino Specific grounds for the appeal: This permit allows the COIN LAUNDRY to be located next door to one of the WORST APARTMENT COMPLEXES IN OUR NEIGHBORHOOD BOUNDARIES. Two blocks away, a coin laundry had continuous gunshots to their windows, there was loitering and intimidation of clients, etc. OUR NEIGHBORHOOD GROUP is concerned about the criminal. 10iterin2 and homeless ACTIVITIES THIS BUSINESS WOULD ATTRACT. Two other coin laundry facilities already exist in the area, and we are concerned about an excessive concentration of such businesses in our neighborhood. Action sought: RRSc.TNn THF. APPROVAL. Provide R businesR that is useful. NOT subiec.t to crime and not appealing to loitering, drug pushers, drug users, prostitutes, homeless and the like. PROVIDE A BUSINESS THAT WOULD BE AN ASSET TO THE NEIGHBORHOOD AND BUSINESSES THAT SURROUND IT. Additional information: Many months ago, the Contact Person coordinated with SBPD Northern District (Lt Boom) and was assured they would not s1gn ott when the papers came tor coordination (THE PAPERS WERE APPROVED BY HIS BOSS WE UNDERSTAND). Then the Contact Person called Valerie Ross and verbally was assured that before plans vere let the Wildwood Park Neighborhood Assn would be.able to voice our concerns (THAT DID NOT HAPPEN!) . The Neighborhood Assn knows of at least one robbery of clients, at gunpoint, cl\ll'iRg tAg tillla t~8 ifr::nilty ';'""QF U?'l ~t- t"'9 1"'1"!Sf-;^'" The gerpetrato'rB were from the Apartment Complexes. The Design being considered will give e~sy access to the c11ents tor the criminal element to a~ain do their business at this location. Possibly they may even shoot the windows from this facility as well. ~J U;J:r y<1~~~ Signature of appellant: tv.::: ~ ' .A/C-4 Date: ~/ 7/0::'- 2 11104 A TT ACHMENT C EXHIBIT 4 DEVELOPMENT SERVICES DEPARTME~" 300 North un" Street. San Bernardino' CA 92418.0001 Planning &: Building 909.384.5057' Fax: 909.384.5080 Public WorksiEngineering 909.384.5111 . Fax: 909.384.5155 www.sbcity.org .. August 5, 2005 In Woo Lee 5072 Cadiz Circle La Palma. CA 90623 RE: Development Permit Type I No. 05-081 - 4399 N. Sierra v\"av (APN: 0154-222-28-0000) Dear In Woo Lee; Planning staff has approved Development Permit I (DP!) No. 05-081, a request to establish a coin laundry, based on the Findings of Fact in the Development Code ~ 19.H060 and subject to the attached ConditlQ.J;1s of Approval and Standard Requirements. - . The decision of the Planning staff is final unless a written af'peal is filed, with the appropriate fee, within 15 days of the Planning staff's action. pursuant to Section 19.32.100 of the Municipal (Development) Code. Please contact me at (909) 384-5057 if you have any questions or concerns regarding the approval of DPI No. 05-081. ,: ~-el\" /~} . I . . Ben Steckler,-- Associate Planner Enc. Conditions of Approval Cc. Address File EXHIBIT 4 CONDITIONS OF APPROVAL - DPI No. 05-081 Super Coin Laundry 4399 N. Sierra Way 1. This Development Permit I is an approval to establish a coin operated laundry located at 4399 N. Sierra Way. The laundry facility shall be operated between the hours of 6:00 AM to 10:00 PM Monday through Saturday and 8:00 AM and 8:00 PM Sundays. 2. 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 and void. However, approval of the Development 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 Appro\'al Expiration Date: August 5,2007 3. The review authority may grant a one-time extension, for good cause, not to exceed 12 months, The applicant must file an application, the process:ng fees, and all required submittal items, 30 days prior to the expiration date. The review authority shall ensure that the project complies with all Den>lopment Code provisions in effect at the time of the requested extension. 4. 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 notified, the applicant agrees to defend, indemnify ~d hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDf,\), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA 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 Citv may be required by a court to pay as a result of such action, but such participati0n shall not relieve applicant of his or her obligation under this condition, The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. EXHIBIT 4 Conditions of Appro,..l Dr! No 0;.081 As part of the consideration for issuing this permit, this condition shall remain in effect if this Development Permit is rescinded or revoked, whether or not at the request of applicant. 5. The 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 (as applicable); emission control of fumes, vapors, gas 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. 6. Signs are not approved as part of this permit. Signs painted on the outside of the building are prohibited. Signage for the facility must be submitted for review and be approved by Planning Staff under a separate sign permit application prior to commencement of use. 7. No painted window signs, roof signs, permanent sale or come-on signs will be permitted at this site per SBMC S 19.22.060. 8. Any/all existing signage on-site shall be brought into compliance with the current Development Code requirements. '''';'' 9. If public pay phones are installed on the siie"they must be located inside the building and fixed for outgoing calls only. 10. The project shall comply with all applicable requirements of Public Works, the Building Division, the PoliCe Department, Water Department, Public Services Department, Refuse Division, and the City Clerks Office, Business Registration Division. . 11. The project shall comply with all applicable requirements of other outside agencies (i.e. San Bernardino County Health Department, San Bernardino Department of Environmental Health Services, and the California Board of Equalization) as applicable. 12. All graffiti must be removed within 24 hours of its occurrence. The management shall take a photograph of the graffiti and provide it to the Police Department before removing the graffiti. 13. All exterior lighting shall be energy efficient with the ability to lower or reduce usage when the facility is closed. Signage may be required to be turned-off when the facility is dosed. 2 EXHIBIT 4 Conditions of Appro'..! DPl ,,' 0;.081 14. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval and Standard Requirements issued with the Planning approval. 15. No "entertainment" is allowed at this location. 16. No exterior loudspeakers are approved in conjunction with this use. 17. The proposed patio shall be treated with a solid clear fencing and vegetation (as described below) to screen the use from the adjacent residential use. The screening wall shall be constructed to a height between 5' -6' and shall span along the northern and eastern boundaries, allowing for an opening to meet accessibility requirements. 18. Chairs (and any other furniture, planters, etc) placed on patio shall be: a) Arranged to allow for accessibility at all times; and b) Maintained, repaired, or replaced so as to always appear to be in good conditions (like new). 19. Chairs (and any other furniture, excluding planters and clear fencing) placed on patio shall be taken into the structure an~;:5tored overnight. - 20. No outdoor storage of any materials shall be allowed on-site. 21. The existing structure shall be repaired (as needed) and repainted (with the colors and painting scheme subject to approval of the project planner prior to commencement of use. 22. Plans submitted to Building:and Safety, Public Works, and other departmeh~s shall include all provisions of the Site Plan Checklist (as attached). All structUres onsite shall be indicated accurately and properly dimensioned. 23. The entire parking lot shall be resurfaced and restriped according to Public Works requirements and Development Code standards. This shall include but not be limited to curbing, lighting, landscaping, circulation, etc. 24. Noise from facility shall not exceed 65 dBA as measured at the property line of adjacent residential land i1se district. 3 EXHIBIT 4 Conditions oi Arrrm.aJ DPI :--';0 0;-081 25. Landscaping and irrigation shall be upgraded to meet current D,,,.elopment Code standards as follows: a) Full setback landscaping along Sierra \Vay and +!th Street b) 15% of entire parking area shall be landscaped and irrigated. c) 1 tree per four parking stalls d) Landscaping in pots/planters placed inside of the clear solid safety fence along the proposed outdoor patio (as described on item number 17 above). 26. Planters used in outdoor patio area shall be large enough to hold plants, but small enough so that people on the patio can be seen (at all times) from the adjacent public rights-of-way (44th Street and the Alley). 27. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Fire Department b. Building and Safety 28. All conditions of approval shall be met prior to establishment of use. 44'h Street >- 2 < Clear Fence f)oor, Planters (T yp.) Path of Travel hairsibenches t lSOR H Outdoor Patio Detail NTS. Note: The patio configuration d~s not have to match this diagram exactly. this is a sample of how it can be done to meet all Conditions of Approval above. 4 EXHIBIT 4 City of San Bernardino STANDARD REQUIREMENTS Development Services/Plan Check Division , Property address: t{.s~ C\ ~, S.lelf~'"-- W'1 . DRC/CUPrDjt:=~ No. oS" -OBI DATE:~v.\~ \"I'2...eOS- NOTE; NO PLANS WILL BE ACCEPTED PLAN CHECK WITHOUT CONDITIONS APPROVAL IMPRINTED ON PLAN SHEETS. FOR OF Submit 6 sets of plans, minimum size 18" x 24", drawn to scale. If plan check is for expeditious review, submit 6 sets. The plans shall include (if applicable): a. site plan (include address & assessors parcel number) b. foundation plan c. floor plan (label use of all areas) d. elevations e. electrical, mechanical, & plumbing plans r. detail sheets (structural) g. cross section details h. show compliance with Title 24/Accessibility (disabled access) i. a plan check deposit fee will be required upon submittal of plans. Call Development Sen'ices (plan check) 909-384-5071 for amoun t. 1. The title sheet of the plans:inust specify the occupancy classification, t)'pe of construction. if the building has sprinklers, & the current applicable codes. 2. The person who prepares them must sign the plans. Also, provide the address & phone number of that person. Some types of occupancies require that the plans are prepared. stamped, and signed by an architect, engineer, or other person licensed by the Stale or California. 3. For structures that must include an engineers design. provide 2 sets of stamped/wet signed calculations prepared by: a licensed architect/engineer. . 4. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance forms are required to be printed on the plans. 300 N'D' Street San Bemardino CA 92418 909-384-5080 Fax EXHIBIT 4 5. Submit grading, sile, andlor landscape plans to Public Works'Engineering for plan check appro\'al and permits. For more information, phone 909-384-5111. 6. Fire sprinkler plans, fires suppression system plans, etc., shall be submitted to the Fire Department for plan check approval and permits. For information, phone 909-384-5388. 7. Signs require a separate submittal to the Planning Division for plan check appro\'al and permits. For information, phone 909-384-5057. 8. Restaurants, food preparation facilities. and some health related occupancies will require clearances and approved plans from San Bernardino County Health Department. For information, phone 909-387-3043. 9. Occupancies that include restaurants, car washes, automotive repair/auto body, dentist offices, food preparation facilities or processing plants, etc. may require approvals and permits from San Bernardino Water Reclamation. For information, phone 909-384-5141. 10. An air quality permit may be required. Contact South Coast Air Quality Management Division for information, phone 909-396-2000. 11. State of California Business & Professions Code/Contractors License Law requires that permits can be issued to licensed contractors or owner-builders (that are doing the work). Contractors must provide their State license number, a city business registration, and workers compensation policy carrier & p~' number. Owner-builders must provide proof of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 4.6 WEEKS FOR I ST CORRECTIONS, EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING DA YS, THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPL Y THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS, Comments: }()() N 'D' Street San Bernardino CA 92418 ano 1.V..LCn., I nfTirl" 909-384.5080 Fa" A TT ACHl\IENT D EXHIBIT 4 ANDRADE & ASSOCIATES A PROFESSIONAL LAw CORPORATION CONSTRUCTION LAWYERS JEFFREY CORPORATE CEI'<TRE 5510 TRABUCO ROAD IRVINE. CAUFORNIA 926205705 TELEPHONE (949) 553-1 95' FACSIMILE (949) 553-0655 E.MAlL...: ANDRAOE@ML.AWSCOM RONALD G. HOL.SE~ NATAUA D. ShUT}.. SHERRY A. ROSHAN SCOTT KRON RICHARD B ANORAOEt t JDI'CAuIFOIllNIA UCIE:HS[O GENEJIlAI.. CO,,""T'lUoCTOII . JO/l.JCEN5EC IN NEVADA iii CAurOIlNIA "'pJtO!fESSJONAl.. ENGINUIlt CA.. CO. LJT OR. WA. NMtA2. OF COUNSEL. AzzAM D SAAOt... October 7, 2005 Via PersoDal Delivery City of San Bernardino Development Services Department, PlanninglBuilding Division 300 North "D" Street San Bernardino, CA 92418 Matter Our client Our File No. Re Appeal # 05-20 Mr. & Mrs. Woo Lee 25021-00 I Response to Appeal &?~~@~ I _ ' - I D ? 2005 r fD1 .. TV (")F SA. L!!J ~., ,LOPM~,JERNA.RDINO DEPA.RT':;;M~V/CES Dear Planning Commission Members: Please allow me to introduce myself as counsel for Mr. & Mrs. Woo Lee, the owners of the property which is the subject of the above-mentioned appeal. This letter will provide you with a response to the Wildwood Park Neighborhood Association '~:{Ilereinafter referred to as "WPNA ") appeal from the decision of the Planning Commission approving a Coin Laundry facility to be located at 4399 North Sierra Way, San Bernardino, CA 92418. The appeal by WPNA asserts that an operation of a coin laundry facility at a site next to an apartment complex will attract criminal, loitering and homeless activities. The WPNA, however, offers no evidence to support its claim and in fact those instances cited are cited inaccurately and are clearly taken out of context - As will be demonstrated..the operation of a coin laundry facility is the best possible use of the property, will provided needed tax revenue for the City, and will not attract criminal, loitering or homeless activity. For these reasons, the appeal s~'ould be denied. Best Possible Use At the beginning of 2005, San Bernardino drafted and implemented a general plan. San Bernardino designated the Land Use Element in this plan to function as a guide to planners, the general public, and decision makers as to the ultimate pattern of development. This plan designates general site development standards and the distribution, location, and extent of land uses, such as housing, business, and industry. In particular, the ~d Use Element establishes the primary basis for consistency with the San Bernardino's development code. Title 19 of the San Bernardino Municipal Code. The coin laundry facility approved by the Planning Commission in this case has been determined to meet these standards. The approved facility falls within the commercial general district which is intended to provide for the continued use, and enhancement of retail, personal services, and related commercial uses to service the needs of the residents. ThL facility is the best possible use for this community. EXHIBIT 4 ANDRADE & ASSOCIA.TES October 7, 2005 Page 2 Coin Laundry Facility. Contrary to the position of the WPNA, the operation of a coin laundry facility would actually benefit the community. A coin laundry facility is exactly the type of business WPNA describes as desirable. The coin laundry market consists of 89 million customers throughout the U.S. Coin Laundry Association, Coin Laundry: An Industry Overview. at http://www.4hb.com/0430coinlaundry.html. Clean clothes are considered a necessity of modem life. A coin laundry facility would provide a basic health service and necessity to the community. What's more, a coin laundry facility is exceptionally beneficial to renter-occupied densely populated areas. Statistics establish that 31 % of the population of San Bernardino is renters. San Bernardino County, CA - county housing. home & apartment costs. a! httpollwww.epodunk.com. Of this 31 %, 17% of the renters in San Bernardino County are single mothers. Robert Bernstein. Statistical Brief, Bureau of the Census, (1994). Additionally, the renter-occupied housing in the area lacks adequate laundry facilities for its current renters. The WPNA incorrectly states that two coin laundry facilities exist in the area. However, the WPNA fails to advise the Commission that one of the facilities referenced, the "Suds Your Duds" facility has closed down and no longer in operation. I am attaching photographs taken recently that clearly shows that the "Suds Your Duds" coin laundry has ceased operations, leaving only one coin operated facility to service the densely populated neighborhood. Not only will the proposed coin laundry facility serve the community's needs but also it will replace the "Suds Your Duds" Coin Laundry that is no longer open for business. Thus, a coin laundry facility would in fact~ an asset to the community of San Bernardino. Criminal Activity. The WPNA asserts that the operation of a coin~perated laundry will promote criminal activity in the neighborhood such as drug pushers, drug users, prostitutes, homeless and the like. In support of its appeal, the WPNA cites to an incident where a coin laundry operated two blocks away from the proposed location, had continuous gunshots to its windows. However, unaware ;lfthe !lCtual circumstances, the WPNA has made the incorrect wurnption that the type of business was tl-.e caUSe for the criminal activity. In reality, the incidentthe WPNA cites occurred due to the business owner's confrontation with a trespasser and not because the business was a coin laundry facility. Unbeialownstto the owner, the trespasser was a member of a gang who retaliated against the owner by shooting out the windows of the business (in the middle of the night while the business was closed) as weii as intimidating the coin laundry owner's customers in an effort to discourage business. Ifnot for the owner's confrontation, none of these crimes would have occurred. The incident cited to by the WPNA was an isolated incident only. The WPNA's claim that the business will attract criminal activity such as loitering is also inaccurate. Unlike the other coin laundry facilities cited to by the WPNA, the Lee's will have an employee lllI site for all ~ours that the f~ility is open for busillCss. In this fIlanner, any criminal activity will be inunediately reported to the police for appropriate handling. The WPNA's reference 10 a robbery that occurred at the beauty solon previously operated at the location at issue is also misplaced. Simply because a prior criminal act occurred at this location, does not mean that further criminal activities will occur. In the same manner, the fact that the perpetrators resided in the apartment complex adjacent to the instant location is also of no consequence. Accepting this sort of EXHIBIT 4 ANDRADE & ASSOCIATES October 7, 2005 Page 3 misguided logic would amount to accepting the proposition that all renters are criminals. This simply is not the case. Simply because a large apartment complex exists adjacent to the location by itself does not mean criminal activity is more likely to occur. In fact, in 2000, only 932 or I % of all arrests in San Bernardino County were arrests for robbery. Id. By 2003, those arrested for robbery dropped below 1%. Id. The statistical data clearly shows that there is no correlation between the robbery at the beauty solon and the likelihood of further robberies at a coin laundry business. Finally, the WPNA has provided no evidence in support of their claim that a coin laundry facility attracts drug use, drug sales, and prostitution. Contrary to the assertions of the WPNA, statistics maintained by the FBI, show such a claim is simply untrue and unsupportable. Of the 87,706 arrests in San Bernardino County in 2000, only 19% were for drug violations. Federal Bureau of Investigation. Uniform Crime Report. (2000). In addition, less than I % or 313 arrests were made for prostitution and commercial vice. Id. These statistics establish that drug violations, prostitution, and commercial vice are least likely to occur in San Bernardino County regardless of the particular location or type of business operated. The WPNA's claim that a coin laundry facility will attract undesirables is completely unsupported by the statistics recorded in the Uniform Crime Report. This is particularly true in light of the San Bernardino Police Department's (SBPD) decision not to respond to the inquiry of the Planning Commission prior to the approval of the operation ofa coin laundry facility. During the approval process, the SBPD was given an opportunity to provide input on the proposed use of the facility. The SBPD did not provide any facts that would establish that they believed that the operation of a coin laundry would result in an increase in criminal activities at the location. REOUEST TO AFFIRM APPROVAL Based on the facts of this appeal, WPNA' s claims, and the likelihood of providing an asset to the community of San Bernardino, we request that the Planning Commission affirm its reasoned decision approving a coin laundry facility.to be located at 4399 North Sierra Way. Sincerely, ) () n i \tt<t~~ Ric ard B. Andrade Attorneys for Mr. & Mrs. Lee By: RBA:larn Enclosures G:IDA T A\Lec. In Woo-2S021\City of sa Plaoning Dc:pt~2\Response L<ttcr to Planning Board-{rt>a) doc; CC: Mr. & Mrs. Lee EXHIBIT 4 CITY OF SAN BERI\'ARDI.\'O Development Services Departmem, Planning Dh'isioll 300 l\orth "E" Street. 3'" Floor San Bernardino. CA 92.\18 Phone (909) 38..-5057 . (909) 384-508u Web address: ",'Ww.sbcity.org APPLICA T10!'\ FOR APPEAL APPEAL FROM A DEClSI01'Ii OF THE (check one) o Development Services Director o DevelopmentlEnvironmental Review Committee sa Planning Commission Case number(s): !)PI 05-081 / Appeal # 05-20 M O~ '4~ Project address: 4399 North Sierra Way, San Bernardino, CA 92369 Appellant's name: In l'bJ Lee Appellant's address: 7353 Ellena West #88. Rancho C'ucarronga. fA 91730 llellant's phone: 714-328-9576 .",-ppellant's e-mail address: n/a Contact person's name: Scott A. Kron, Esq. Contact person's address: 5510 Trab..1co Rd., Irvine, CA 92620 Contact person's phone: 949-553-1951 Contact person's e-mail address: skron@aalaws.can Pursuant to Section 19.51.100 of the Development Code. an appeal must be filed on a City application fonn \\ithlO 15 days following the final date of action, accompanied by the appropnate appeal tiling fee. Appeals are normally scheduled for a determination by the Planning Commission or \1ayor and Common Council within 30 days of the filing date of the appeal. You will be nOlIfied. in writing. of the specific date and lIme of the appeal hearing. \:'fleE l'SE ONLY Date appeal filed: (){ 11 WlL ;2 r ;;(-C~ Received by: j(""Yl tJ 09/;1, tJ /7C) "-., ~~ a~\"\\~ 11'04 EXHIBIT 4 ~~QUlRED I:'-iFORl\IA TlON FOR A.."l APPEAL :>pecific action being appealed and the date oftliat action: Planning Ccmnission' s granting of appea::' Nn. ns-?o. nnn rnTPrtuTT1;nq thp nirprtnr nf tn,::. f):::>"p"'!~nt' C:;p,.."'uirPC:: f"pr.::l~nt- P'.::Innirg Division's approval of De'le::'opnent Perot I No. 05-081 dated dated October 18, 2005. Specific grounds for the appeal: (1) Evidence does not -justify findinqs of fact. (2) Findings of fact do not su~rt the decision. (3) Plannina carrnission ahJ"""" its discretion in overturning c1""il;;nn nf thP rlirPM-nr of the Planning Division. (4) New evidence. Act on sought: Fe-instatement of the Director of Developnent services DepartJrent, PlanninQ Division's approval of Development Perot I No. 05-031 and reversal of Planning Carrnission's decision to qrant appeal Additional information: Since dec; ,,; nn rF>nnpr"" 111 Pl ;mn; rq rrnm; c:c:; nn r prrp<>rt-y ro.mpr Tn IItrl lee, has taken into consideration suggestions planning Ccmnission rranbers qave in order r..n ha,,~ po"""'; t .::Ipprr",vM Hr Tpp ; c:: wi' 1 ing .::Inn ;:lIhlp Tn i",c:i-.::I" .::l 1 h 1"'";::amQoT";:lI C'll.''''UP; 1 1 .::r.1'V"~ system; additional outside liqh~inq; store front qlass d=rs; silent ~encv alert ~~tPITI. (""P::lT wiMrL1c:. t..n't-h nf"l C:;T.::l'J~. la.rh:'''';nIJ. nr rV''I'Ua.Y;nl)'" ==:1M" pvt-cnn "'}-,IO ~.r.:l'l adjacent to the alley. , t'- ~ Signature of appellant:->' r -~:I I Date: 10/1.7 /o~ , I 2 1111)1 OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "0" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.sbcity.org ~ July 11,2006 In Woo Lee 5072 Cadiz Circle La Palma, CA 90623 Dear Mr. Lee: At the meeting of the Mayor and Common Council held on July 10, 2006, the following action was taken relative to the request for reconsideration of the denial of Appeal No. 05-24, upholding the Planning Commission's denial of Development Permit I No. 05-081, a proposal to establish a coin operated laundry at 4399 N. Sierra Way in the CG-l, Commercial General, land use district. The Mayor and Common Council voted to reconsider the December 19, 2005 denial of Appeal No. 05-24; the hearing was closed; and the denial of Appeal No. 05-24 was reversed, thereby upholding the August 5, 2005 approval of Development Permit I No. 05-081, subject to the revised conditions of approval as recommended in Exhibit 3. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, ~k-.-JL(J /j. Cf.J'./v/C Rachel G. Clark City Clerk RGC:lls pc: Development Services Golden State Laundry Systems, 222 E. Redondo Beach Blvd., HC, Gardena, CA 90248 David P. Colella, Fullerton, Lemann, Schaefer & Dominick, 215 N. "D" Street, First Floor, San Bernardino, CA 92401-1712 CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability. Respect for Human Dignity' Honesty City of San Bernardino Mayor and Common Council 300 North D Street San Bernardino, California 94218 Entp.fp.d into Record at . I / i"i~mvOevCmsMtg: '7//~/P(P .Uy~.5'~.uJ If! :h fe ik'"da Item _. Dear Mayor and Common Council, ~h-(!L~ City Clerk/COC Secy City of San Bernardino It has come to my attention that yet another attempt is being made to open a coin laundry at 4399 North Sierra Way. As a concerned and involved resident, this troubles me. I spoke during public comments at a council meeting on the same day as the last meeting about this, about the endless problems posed by low income apartments in the area, and I feel the two issues are closely related. I believe that, like apartments, a coin laundry at that location would only serve a very specific clientele and would not be in the best interest of the community as a whole. I have since learned that the family originally planning to open the laundry mat has sold it to another company. In their letter prepared for the July 10 meeting, Golden State Laundry Systems claims, through their attorney, that they "have made a business decision to invest in the north-end community of San Bernardino, after a thorough review of all factors." However, this couldn't be farther from the truth. They clearly do not have a understanding of the north-end community. We already have several coin laundry facilities in that area, and yet another one is not needed. The normal business model does not apply to coin laundries, because in general they tend to serve only a very specific, low-income customer base, and those customers tend to use coin laundries out of necessity and whichever one is nearest to where they live. There are some exceptions, but this is generally the case. There won't be any of the competition Golden State is claiming will take place, because customers will use coin laundries out of necessity, not choice. It is also obvious Golden State has not clearly observed the trends taking place in north San Bernardino. New homes are rapidly being built throughout the area, in the $500,000 price range and up, and near a university that is constantly expanding. The community just north of the proposed site for the coin laundry is made up of homeowners in a residential neighborhood that has been established for over 50 years. The fact is, a coin laundry will primarily draw customers from the pockets of low-income apartments in the area, and will not be of use or benefit to the north-end community as a whole. The apartments in the area are also a frequent source of problems with crime, and despite the best efforts of Golden State, they will face the same problems. Golden State has claimed that the proposed coin laundry will "revitalize" the community, but this claim is absurd. I do not see how it would be possible for a coin laundry to revitalize the community or be an asset when it can only hope to attract a very narrow, low-income customer base, and will only at best be able to hire a handful of employees to staff the facility. I believe that a business should be profitable, but it should also be in the public interest. It shouJd serve the greatest need for the most people in the community. If this were any other type of business, a sandwich or ice cream shop, a bookstore, video store, or anything else which draws a wider customer base, it would be of use to everyone and would be profitable and successful at the same time. In that case, the business truly would be an asset in the community and would contribute to the local economy. But a coin laundry at that location would do absolutely nothing to boost the local economy of north San Bernardino. If anything, it would most likely discourage other businesses from investing in the area, because coin laundries tend to project the #'f?- impression of an economically depressed community. Businesses will not invest in an area if they feel it would not be successful. If San Bernardino is ever going to rebound, we absolutely must change its image as a stagnant, economically depressed city of renters. Like it or not, this is the image San Bernardino is projecting at the moment. North San Bernardino is one of the areas in the city that is prospering, and I strongly believe this type of business would impede that prosperity. I am therefore asking and pleading, as a very concerned resident - that the City does not allow this coin laundry to be established. It will attract yet more crime, draw only a very narrow low-income customer base, and will not be in the best interest of the community as a whole. Thank your for your time and consideration. ~ \~fL... Smcerely, ~\N\ Christian Tobar . ! ~ L III IlILI! t"I'-11 !!!..!.)! I I; :i I I!I' i II I I I' I' ~ ',,:1")1 11 n'l:" ..0. S!: 1II, IIJ~: liiii Ilril ~" 'I '. I~ o o o o L 0 'D.I i I....' POi 1l1d 5' 51 l:= ; e I~ o I 0 o o I 0 " --~ I " lilt ~- . I ~ - I .. --- . - .'-(' -- - -., t'" ... - - ~ ~ '\. '- - '- ---- . \ ., f..- o. u." ~ ~ cc ::z:: ~ I Ii I j , ~', j '~ , ;;;, :; -.....--. . !o . " i' ,~ ~li .'$'<i~- .. ~.. " 't~. '... 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