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HomeMy WebLinkAbout36-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ,,-. From: Valerie C. Ross, Director Subject: Conditional Use Permit No. 05-23 (Appeal No. 06-06) - An appeal of the Planning Commission approval to construct a 75'0" monopalm telecommunications tower and equipment shelter at 3630 North 'E' Street in the RM, Residential Medium land use district Dept: Development Services Date: August 29, 2006 MCC Date: September 18,2006 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor and Common Council deny Appeal No. 06-06 and uphold the Planning Commission's approval of Conditional Use Permit No. 05-23, '"",,- I; . , 7J y W)cLfJ(j 'AiJJI-- Valerie C. Ross Contact person: Rrl::m Foote Ao;;,o;;,ocl::1tf': Phmnf':T Phone: ,R4-'iO'i7 Supporting data attached: Staff ReDort Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct No.) (Acct Description) Finance: Council Notes: Agenda Item No. 3lD Cf /181{)~ .... ~,. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Mayor & Common Council Meeting of September 18, 2006 SUBJECT: Conditional Use Permit No. 05-23 (Appeal No. 06-06) APPELLANT: Marty Caputo 2691 Dow Avenue, #C Tustin, CA 92780 (714) 746-6384 BACKGROUND The subject of this appeal is the Planning Commission's approval of Conditional Use Permit. (CUP) No. 05-23 to construct a 75'0" monopalm telecommunications tower and equipment shelter at the Uptown Church of Christ, located at 3630 North 'E' Street (Exhibit 1 - Location Map). The appellant filed Appeal No. 06-06 on May 15,2006, seeking to overturn the Planning Commission decision. The appellant requested the September 18, 2006 hearing date. '.,."., CUP No. 05-23 was an application to construct a 75'0" monopalm telecommunications tower and equipment in the parking lot behind the Uptown Church of Christ (Exhibit 2 - Staff Report). The application met the development standards contained in Development Code 919.20.030(3) for telecommunications facilities, including placement, screening, and design. The project met all necessary Findings of Fact for approval (Exhibit 2 - Staff Report). In the public hearing of May 2, 2006, the project was placed on the consent agenda and the Planning Commission Chair inquired if any members of the public had concerns about the project. There was no response, so the Planning Commission approved the project by consent. The appellant arrived at the meeting after CUP No. 05-23 had been approved and the applicant had left the meeting. In the grounds for appeal (Exhibit 3 - Appeal), the appellant states that "no consideration was given to my right to quiet enjoyment and a single-family home atmosphere of the nature of my lots. The visual and structural cell tower is too close to my property line. The tower will not be 100% noise free and structural and visual appearance will not be an upgrade to enhance or maintain the value of my property." The appellant's properties are currently vacant. The applicant, SRES Corporation, has provided technical data from the manufacturer of the proposed equipment, to show that the equipment will not generate significant or unusual amounts of noise. In addition, a concrete block wall 6'0" in height will surround the equipment cabinets in order to reduce any potential noise impacts. The placement on the property was selected to minimize visibility as much as possible. The monopalm tower is required to include heavy branch coverage for adequate concealment of the antenna, and the developer is required to install three live palm trees around the tower. Numerous existing trees and buildings provide additional screening for the site, and staff does not anticipate any significant impacts on aesthetics or property values. Appeal No. 06-06 Hearing Date: Sept. 18. 2006 Page 2 '-. In the Appeal application (Exhibit 3), the appellant also states, "The City sent me a Notice less thall (5) five working days" prior to the hearing date. The appellant also states that he was late to the hearing, and therefore missed his opportunity to object. The administrative record indicates that all appropriate notification procedures have been followed and documented. Notices of the May 2, 2006, Planning Commission hearing were mailed to surrounding property owners and postmarked on April 21, 2006 (Exhibit 4 - Certificate of Mailing). A legal advertisement was published on April 21, 2006, in the San Bernardino County Sun newspaper (Exhibit 5 - Proof of Publication). Staff also received a telephone call from the appellant on Friday, April 28, 2006, during which the date, time, and place of the public hearing was discussed. Staff adhered to standard policies and procedures in the scheduling of the Planning Commission hearing and made every reasonable effort to ensure that the appellant was informed of the process. The appellant has not provided any information to support his allegations that the project does not meet the standards contained in Development Code 919.20.030(3), that the procedures for timely notice had not been followed, or that the Planning Commission's determination was made incorrectly. FINANCIAL IMPACT No impact to the City of San Bernardino. The appellant paid the processing fees. ~ RECOMMENDATION \..... Staff recommends that the Mayor and Common Council deny Appeal No. 06-06 and uphold the Planning Commission approval of Conditional Use Permit No. 05-23 to construct a 75'0" monopalm telecommunications tower and equipment shelter at the Uptown Church of Christ located at 3630 North 'E' Street. EXHIBITS: 1. 2. 3. 4. 5. Location Map Staff Report to Planning Commission May 2, 2006 Appeal Certificate of Mailing Proof of Publication L ....,. Appeal No. 06-06 Hearing Date: Sept. 18, 2006 Page 3 EXHIBIT I - LOCA nON MAP I I i . . I iiiiii n~ nn~ EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Conditional Use Permit (CUP) No. 05-23 2 May 2, 2006 4 OWNER: APPLICANT: James A. McIntyre Uptown Church of Christ 3630North 'E' Street San Bernardino, CA 92405 (951) 218~0087 Ryan Hammersmith SRES Corp. for Cingular Wireless 1026 5th St. Hermosa Beach, CA 90254 (949) 887-6960 REQUEST & LOCATION: A request for approval of a Conditional Use Permit to construct a 75'0" monopalm wireless communications tower, equipment shelter, and landscaping in the parking lot of the Uptown Church of Christ. The project site is located at 3630 North 'E' Street in the RM, Residential Medium land use district (APN: 0152-012-23). CONSTRAINTS & OVERLAYS: High Wind Area ENVIRONMENTAL FINDINGS: o Not Applicable o Exempt from CEQA, Section 15303 - New Construction of Small Structures o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: o Approval o Conditions o Denial o Continuance to: EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT "mil No. 05-23 re: May 2, 2006 Page 2 REQUEST & LOCATION A request for approval of a Conditional Use Permit to construct a 75'0" monopalm wireless communications tower, equipment enclosure area, and landscaping improvements in the parking lot of the Uptown Church of Christ. The project site is located at 3630 North 'E' Street (see Attachment A - Location Map) in the RM, Residential Medium land use district, SETTING & SITE CHARACTERISTICS The site is a rectangular-shaped parcel approximately 35,923-sq.ft. in size on the west side of North 'E' Street at the intersection with Kendall Drive, Currently, the site has a church facility and parking lot. To the north and south of the location are multi-family dwellings in the RM, Residential Medium land use district. To the west are vacant parcels and multi- family dwellings in the RM, Residential Medium land use district, To the east is Kendall Drive, vacant land, and multi-family dwellings in the RM, Residential Medium land use district. FINDINGS & ANALYSIS 1, Is the proposed use conditionally permitted within, and would not impair the integrity and character of, the subject land use district and complies with all of the applicable provisions of this Development Code? The proposed monopalm wireless communications tower is a conditionally permitted use on residentially designated property that is developed with a legal non-residential use (e,g, school, church, etc,), under authority of Development Code s19,20,030(3)(C)(6), The proposed 75'0" monopalm will not impair or be otherwise detrimental to the surrounding land use district, because the tower will be located near a group of similar natural objects that have similar heights (see Attachment B - Site Plan & Elevations), 2, Is the proposed use consistent with the General Plan? The proposed monopalm tower is consistent with a number of the General Plan's goals and policies, Utilities Policy 9.8.1 provides for the continued development and expansion of telecommunications systems, Land Use Goal 2,2 promotes development that integrates with and minimizes impacts on surrounding land uses, Operation of the monopalm tower will not result in adverse impacts to the surrounding residential neighborhoods, Therefore, the proposal is consistent with the General Plan, EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT Permit No. 05-23 late: May 2. 2006 Page 3 3. Is the approval of the Conditional Use Permit for the proposed use in compliance with the requirements of the California Environmental Qualih} Act and Section 19.20.030(6) of the Development Code? The approval of a Conditional Use Permit for the 75'0" monopalm tower is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Development Code ~19.20.030(6). The project is eligible for exemption from CEQA, under Section 15303 exemption from CEQA for new construction of small structures, and no adverse environmental impacts are anticipated. . 4. Are there potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? The proposal will not have any negative impacts upon environmental quality or natural resources. The project location has been previously developed as a church use, and urban development surrounds the location. 5. Are the location, size, design, and operating characteristics of the proposed use compatible with the existing and future land uses within the general area in which the proposed use is to be located and will it create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City? The monopalm wireless tower is compatible with existing and future land uses within the general area. The land use district surrounding the project location is predominantly multi-family residential. The proposed monopalm wireless tower placed among a grouping of three new palm trees (each approximately 35 feet in height) will not adversely impact the area. Approval of the project will not create significant noise, traffic, or other objectionable conditions that may have a detrimental impact on nearby uses or to the public interest, health, safety, convenience, or welfare of the City. 6. Is the subject site physically suitable for the type and density/intensity of use being proposed? The site is a sufficient size for the proposed tower. The proposed location is adjacent to the side setback. The site has a large parking lot, and existing parking spaces will not be removed. The existing church and school will not be detrimentally affected. The intensity of the proposed project will be negligible and will not affect adjacent properties. There are no physical constraints on the site that would prevent the proposed use at that location. EXHIBIT 2 - PLANNING COMMISSION ST - ,,e. , ,. . ncrmit No. 05-23 AFF REPORT lie: May 2,2006 Page 4 \..... 7. Are there adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety? The existing site has adequate provisions for public access, water, and public utilities and services. The proposed use will not create additional demands for access, water, sanitation, or other public services. Public utilities currently serve the site. The proposed use will not be detrimental to public health and safety. CONCLUSION The proposal meets all necessary Findings of Fact for approval of Conditional Use Permit No. 05c23, RECOMMENDATION .,. Staff recommends that the Planning Commission approve Conditional Use Permit No. 05-23 based upon the Findings of Fact contained in this Staff Report, and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). '-.. Respectfully Submitted, YUJNvC, ~ James Funk Development Services Director ~~"'->. Brian Foote Associate Planner t-cV-- Attachment A Attachment B Attachment C Attachment D Location Map Site Plan & Elevations Conditions of Approval Standard Requirements \..... EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT .mit No. 05-23 .__ -0 _ .' May 2. 2006 Page 5 .....-- ATTACHMENT A LoeA nON MAP -c: ~ 1/ . ..-- ;::-... ~IUU' II'""" == ~_ .......lJ1 ~L 11/ jl ~ ~ ~ ~ ~~"' 1. ;a T r i r P t:: 1.....- I ~ ! I .. rll. I IJt i ~I: ~W; Ei=.- . !~, ~~ :.:a 1It.~ ~ ~~.... ~I ~ ' . III ;= i~ _ ! --1 = I ~ ~ It t. L .,-' -..,.. T -; _ , = , ' ~ -- N . ~I_ I " ~ ~ i..-. ~ // 5~/f/tI2l1) / hy./tlJL ~ 1JlJ/; / If 11 · V L!l.tJ ill '1-=:tWl'j' f!W::i , . /rr/IJ!l:~J"':--' :1-(1 I I / :;/ ~ I II 'lllJ / ~~ ."T D~ DD D[ / L'E v 7 ' ~ ~ ~ . ..... r ~. III . ~ ~1:JI_ 11l/nJ I nrl u~ ~ ~I'~' nel nn~ J r L. i....-oJ, '~l~ - .- pp ~- "- '- ..1 . - 'ermit No. 05-23 EXHffiIT 2 - PLANNING COMMISSION STAFF REPORT 7te: May 2,2006 Page 6 ',-. ATI ACHMENT B SITE PLAN & ELEVATIONS [See attached full-size plans.] ,,, '--. ,-, '- c. .. ,. " ,.. ~'rmit No 05.23 EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT :e. May 2,2006 Page 7 ATTACHMENT C CONDITIONS OF APPROVAL 1. The permit or approval authorizes installation of a 75'0" monopalm wireless communications tower, equipment enclosure area, and landscaping improvements in the parking lot of the Uptown Church of Christ. The project site is located at 3630 North 'E' Street (APN: 0155-331-10). 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 Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements. Project: Conditional Use Permit No. 05-23 Expiration Date: MAY 2, 2008 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 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. 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 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. 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. '- \-. 1'- "'- EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT Permit No. 05-23 lite: MlIY 2. 2006 Page 8 As part of the consideration for issuing this permit, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. 5. Construction shall be in substantial conformance with the planes) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the planes) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/ site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and parking, loading and landscaping; b. Placement and/ or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/ or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 6. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy may be issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Department of Public Works prior to the issuance of the Certificate, if necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. 7. This permit or 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; emission control of fumes, vapors, gases 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. Screening and sign regulations compliance is important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. . '- 8. EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT 'mit No 05-23 .: May 2. 2006 Page 9 The project shall comply with all applicable requirements of the Public Works Division, the Building Division, the Fire Department, the Municipal Water Department, the Public Services Department, and the City Clerk's Office. 9. The project shall comply with the requirements of other agencies, as applicable (e.g. California Board of Equalization; Federal Communications Commission; etc.). 10. The applicant shall assure that the communications tower and related equipment shall be removed within 3 months after the use is abandoned. 11. The use of barbed wire, electrified fence, or razor wire fence in conjunction with any fence, wall, roof, hedge, or by itself is prohibited per Development Code Section 19.20.030 (8)(C)(1). 12. """'., The applicant, tower operator(s), and property owner(s) shall be responsible for regular maintenance of the site (at least monthly, or sooner as needed to properly maintain the site and property). Vandalism, graffiti, trash and other debris shall be removed within 24 hours. The management shall take a photograph of the graffiti and provide to the Police Department before removing the graffiti. 13. Future installation of additional antennae or equipment, or another company's antennae or equipment, will require obtaining Planning Commission approval prior to any installations or modifications. 14. If a generator and/or fuel tank is to be installed in the future, approval from the Planning Division shall be required, as well as issuance of Fire Department and/ or Building Division permits prior to installation. 15. The operation of the antenna shall not cause interference with any electrical equipment in the surrounding neighborhoods (e.g., television, radio, telephone, computer, inclusive of the City's trunked 800MHz public safety radio system, etc.) or with Police or Fire Department communications equipment unless exempted by Federal Regulations. If notified by a City official that the antenna is creating interference, the use of the antenna shall cease immediately and remain out of use until the problem is resolved. 16. .......- The pole shall be a palm tree with heavy frond coverage (e.g. minimum of 60 fronds) and standard size/color fronds. Exterior antennae shall be painted green to match the fronds. Palm fronds shall extend beyond the antennae for adequate concealment, to the satisfaction of the Director. EXHIBIT 2 _ PLANNING COMMISSION STAFF REPORT 'ermit No. 05-23 _ Jle: May 2. 2006 Page 10 17. The pole shall be covered with simulated palm bark cladding (e.g. brown color) for the entire length (up to the palm fronds). - 18. The applicant/ developer shall install a minimum of three (3) live palm trees, with varying heights and a minimum height of approximately 35 feet. A permanent and automatic irrigation system shall be installed and permanently maintained for all new trees and landscape areas. Submit plans to the Public Works/Engineering Division at (909) 384-5111 for a landscaping permit. 19. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building/Plan Check and Public Works/Engineering shall include all Conditions of Approval and Standard Requirements. 20. All Conditions of Approval and Standard Requirements shall be completed prior to final inspection. 21. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Development Services Department - Building / Plan Check Division ," '....... End of Conditions of Approval "'-- ......... ~\i,~ ~~ ..... . /--~ '-''''', ....... ':.~~~?'>~.:. '. .;::.:, ~~~;:7~;~t"tf Property address: ~ EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT City of San Bernardino ST ANDARD REQUIREMENTS Development Services/Plan Check Division w 3~]~ (J~3~ ~~\\ E~- CAJ-~ ~ '0 - 2..::3 DATE: 51z ]alD 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): site plan (include address & -ilssessors parcel number) foundation plan floor plan (label use of all areas) elevations electrical, mechanical, & plumbing plans detail sheets (structural) cross section details show compliance with Title 24/Accessibility (disabled access) a plan check deposit fee will be required upon submittal of plans. Cal1 Development Services (plan check) 909-384-5071 for amount. a. b. ",,~,. c. d. e. f. g. h. i. 1. The title sheet of the plans must specify the occupancy classification, type 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 State of 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 '0' Street San Bernardino CA 92418 909-384-5071 Office 909-384-5080 Fax .,.- 5. "- 6. ,....' '- '- EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT Submit grading, site, and/or landscape plans to Public Works/Engineering for plan check approval and permits. For more information, phone 909-384-5111. 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 approval 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 & policy number. Owner-builders must provide proof of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMA TEL Y 4-6 WEEKS FOR 1sT CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMA TEL Y 10 WORKING DAYS. 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: 300 N 'D' Street San Bernardino CA 92418 909-384-5071 Office 909-384-5080 Fax MAI-l,l,J' "lllolf,l WI ...O~ rllollll-\"111 Iolr .11\11 Clc:.l':I~J\I'tLlI111J EXHIBIT 3 - APPEAL "..4 ". uUlIuU4 ,-.'4 CITY OF SAN BERNARDINO Development Services Department. Planning Division 300 North "E" Street, 3n1 Floor San Bernardino, CA 92418 Phone (909) 384-5057 . (909) 384-5080 Web address: www.sbcity.org APPLICATION FOR APPEAL APPEAL FROM A DECISION OF THE (check one) o Development Services Director o DevelopmentlEnvironmental Review Committee lit. Planning Commission Case number(s): CU P ()S" -.:2.~ Project address: 3 G:;, 3 (:) N . /. E U s. t. Appellant's name: (r\^-'"t.T\~ (AQ....\o Appellant's address: ,"- 9. \ ~. . ~~. ~ c..... . ~ ; 1'\':" . c.. F . Appellant's phone: ., ('-t - f"" C. - ~ ~ ~ ~ Co... ( ( ,-, .ppellant's e-mail address: rn ~ ''''\~) COf'l~__...-tc 9- .(?-!..,-:. s . ... -- '\ ~~ Ol< _b\.o> PoOt..l-Ot...,:l -o\:) .:l.~ q :l ?~O Contact person's name: fr'. ru--l..... c. 1~.Qe:: Contact person's address: "2.c..~ ,.Co ~ - ~T,":: CIA'" ~ ., 'iro t , Contact person's phone: .., ('I - '7 ~r... -l'- ~ (7 ('-( - "3.:l-~2. 4 '2.. Contact person's e-mail address: liV'Aoo").- ~ ('-f'Qo""^~,, Q4''6'-l........~ ....-1" 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 appropriate appeal filing fee. Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days oCthe filing date ofthe appeal. You will be notified, in writing. of the specific date and rime of the appeal hearing. OFFICE USE ONLY Jate appeal filed:~ D if ',,- Received by: / ~ n 5 1 11104 m_/.\lool- .\1101101 \II '''''.10 I-I "'UI-"". II ...r ..,,11 1o:I1:1\11,,1\1,I11'i'" rl.l 1-~,4 r.UU~/UU4 r-~j4 EXHIBIT 3 - APPEAL REQUIRED INFORMATION FOR AN APPEAL ,,- '-t'ecific action being appealed andthe date of that action:.,J:' \Arr-- ~J\ \ ,;...) -\~ _~/1o"""'\ o~ ,p. Ce. tl ll:><..L>-"-'. \b ~~ '<\A.<...,,~ <::>.- ~~ 'b~ ~\'l\~.,"T ~ Q~t"l~~ C::HS;l-DI2-Cc.'-f ~ o,S.:::>.-c)\",-.(~ ctAP-~ ,^....'>T') -C ST{\uf'~l..... ~ P)(....,zr \0 ~ Co",...~<.:" \ ce.ll \<::>~ .. Flec:.lA..c.'-' \ ) ~'1,k"" :31 l~boc>'", .:\: ~ R.2~",,,,,,-i.:..( 0..,..,...;,( <:>f- -4~, ?Q"''''.,{ (V.>l\ 'l~ s9.ec:-,~,<.. I o<.......{.,~...... 0..... \-~ <.>G1~"'--' c..L-..v~(..<"" \..~. Specific grounds for the appeal: --;-'_I~ ~^\ '''\ ~"'-~.. C...,l\..~....... r~l+....l\o'\~";". ~C">..uc;." ~o CO".....;.(DDv"'-k..- v.-"',,> &....~ {...,. ~ R...."'-+ ~ Q....~~ &1C>,~ ~ ,... s{":<i~ \:'A~:<"'. t...t::;.~ ~+""'os.p"-.. l'IG- ~ I\J..(\'-'~ ~ fl\'1 C.-is. ,..tk u:~....,\ ~ Sl'^",,<.t.^J\\ c....d ~^'''''''- ~"" '\-.-, Llc:,~C. +- ~ Q/'I.~ \;-c. . 1-~ ~Uj,"" u.A'\ to.)",~ '?..z.. \O<<>~~ t00''''d ~ ~o S{"",,-~",,^I ~oJ'!.",,,\ ~A"""-~ -_:.(l ...,~ ~ ro.,....". ......q5.^"~Q... \0 ~,...I,.,...",,'-'L "'\'!f" """"'",_tn....: Action sought: "\ ~ ..:: '" l u.JL b r. ~ ~roCo~~. :;J:7 ~ s_~\c,"~ 'L~~ \;;;;. \;\,A~ 4'-<<... c.<<.L\.. ~..)..^' ,+,~ ~o--\- ..~ ~__ ~~_ c::...l-L",,,,,l,, c(cs-e 4-.:. -\.~ ~",s.f- c;..("Du.J"'\~ l' c.....-bG:-.. s~ ~ "'~+- 0_ o{...:s S~ r-o{... ~t l. r p......... ~cz.~""""T'~~"""" -.Q...."":~ G... Do""","~4.1'l ~s. -S-L.itzo. '. Additional information: 11 k, c... ~ SO I..A- 'r-.. ~ ~ -l :<-Q. \..- $oS {..w- C~ \ C..>e.. u.:,o./c.:,,-~ ()~~ b~ (c1~,~I.......... lV'....:,\ ~ a-'2 ~Q^^n ,,+- .kt P u (~I''''S. l~,^,,\~\. r ~s. \"'~ a. "";~S....,... ~ '" 6\'..,,-L_~.,. 'J6 0 B ,\ -- ~+- . :;, ~ S h., _I.SJ. ~,~"'" ~ o~ <>-;: ~ """ . e....,,, ~<. *.0- ~ p" ~ UtK............. G:'\:ke...~\-"_ _ c+~ \..h.",G.-e ,--'~ -3-h.'d Co;""'f't'\.~:60-I":'A (l "T<2.~ A-<Z {~ f\J":':"'oQJOo.". ~o -I.-~' ';:'I~"le ~~~l", . (..t...~~ X ,-:.{.o.-ND Tc::. e.v:D. ~ \ 0 <-s tocv<.. {w/V<. .......-L~ I ~d.~.o ~ -::.....10 (\.1-- 1:1., "2.\:-=0. _SAck. ~ ~-..e.. (...,~ ~ <'-oLll l:<:;~ .....:, 1I ~D,",<:"...Q. ~ if'-^.to. b4- u ^ '1 ~ 0 ~ +....... ( " 4. C; .::r:: CWo-> -- . ._,~.f_l"", A ~ 0~/r:-< Date: S 1'1 loc 2 11104 EXHIBIT 3 - APPEAL '- FOR SALE TWO (.19) ACRE LOTS) OR .38 ACRE (16,552 SQ. FT. TOTAL) FLAT ADJACENT BUILDABLE LOTS "- . ,.~ ). , '., ._~, "I.:~ :-\- , , , '1 .__,. ., ' ASSESSORS PARCEL # 0152-012-64 AND #0152-012-63 (LOCATED AT THE 300'+-FROM CORNER OF 36TH STREET(iiJ ACACIA (NEXT TO CHURCH) - '- ,,-- '- '- EXHIBIT 4 - CERTIFICATE OF MAILING CITY OF SAN BERNARDINO CERTIFICATE OF MAILING I hereby certify that at 1:'tSA.M.. on ~~,.)c,., ./\;'" \.:.\ , I caused to be deposited .. \ ' in the United States Mail at the San Bernardino City Hall letters giving notice of a public hearing to be conducted by the Planning Commission/Mayor and Common CouncillDevelopment Services Director, as follows: '1'1.'(1 \"'T"1C;:(('':;~'''~J c:<;~\~\~11"lC" ~.-,.J"_"I''-~';'-/' (\ (.~:..' ui'n.ir- c,.;-(..;- (\:.r) -' IV';''.,. (t.. c.;'., (~L'~ c:;<l_~ J'? n:l, (. .:<; DATE OF PUBLIC HEARING: CS /(~. / ( (.' The above.described letters were sent by first class mail, postage prepaid and addressed as per the attached list. //_L'; .:2/ .200(." D7"""':' , // ,- / ,I I! ' ... '_~_'- :y.A,_,, /.-: I." . -:~~ j Planping Division , I "- (xo) (~F) (OF) EXHIBIT 4 - CERTIFICATE OF MAILING 1L OFFICIAL NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNARDINO PLANNING COMMISSION SUBJECT: Conditional Use Permit No. OSc23 Ward No.5 PROPOSALILOCATION: A request for approval of a Conditional Use Permit to construct a 75'0" monopalm wireless telecommunications tower, a 520-square-foot equipment enclosure, and landscaping in the parking lot of the Uptown Church of Christ located at 3630 North "E" Street in the RM, Residential Medium land use district. ENVIRONMENT AL RECOMMENDATION: Exempt from CEQA - Section 15303 New Construction of Small Structures PUBLIC HEARING LOCATION: San Bernardino City Hall Council Chambers 300 North "D" Street San Bernardino, California 92418 A detailed description of the proposal is on file in the Planning Division at City Hall. If you would like further information about this proposal prior to the public hearing, please contact the Planning Division in person or by phoning (909) 384-5057. HEARING DATE AND TIME: Tuesday, May 2, 2006 at 7 p.m. Individual testimonv on a~enda items will be strictlv limited to three minutes er erson. e City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact ~ Director of Facilities Management (384.5244) two working days prior to the meeting with any requests for reasonable accommodation, to include mle reters. The Planning Commission is requesting your participation. If .. ou are unable to attend, you may submit written comments in vor of or in opposition to the proposal to the Planning Division, City Hall, 300 North "D" Street, San Bernardino, CA 92418. Decisions of the Planning Commission are final concerning Condirional Use Permits, Development Permits, Tentative Tract Maps and Variances, unless appealed to the Mayor and Common Council. Appeals to the Mayor and Council must be made in writing, stating the grounds of the appeal and must be submitted to the City Clerk along with the appropriate fee within fifteen days of the decision. Final review and action concerning General Plan Amendments, Development Code Amendments, Specific Plans and Development Agreements will be made by the Mayor and Conunon Council. If you challenge the resultant action of the Mayor and Common Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing. . .------- EXHIBIT 5 - PROOF OF PUBLICATION SAN BERNARDINO COUNTY SUN '~----- 399 D ST, SAN BERNARDINO. CA 92401 Telephone (90g) 386-3960 I Fax (909) 381-3976 LINDA DORTCH SAN BERNARDINO CITY DEVELOPME 300 NORTH D ST #300 SAN BERNARDINO, CA - 92418 .PROOF OF PUBLICATION (20155 C.CP) State of California ) County of SAN BERNARDINO ) ss Notice Type: HAGse - NOTICE OF HEARING-S8 Ad Descriplion: VARIANCE NO. 06-03 ,........ '- I am a citizen of the United States and a resident of the State of Californj"a~'I.am over the age of eighteen years, and not a party to or interested in the above entitled maner. I am the principal clerK of the printer and publisher of the SAN- BERNARDINO COUNTY SUN, a newspaper published in the English language in the city ot SAN BERNARDINO, county ot SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of Califomia by the Superior Court of the County of SAN BERNARDINO, State of Califomia, under date 06/2011952. Case No. 73084. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 04/21/2006 Executed on: 04/21/2006 At Los Angeles. California I certify (or declare) under penalty of perjury that the foregoing is true and correct. '- Signature Th,!> !>Pdce 101' Iol,ng stamp only :i SBS # 957839 I O~~L NOllCE OF ' PUBUC HEARING Notice II hereby glven tNt the City of San Bernardino ....nnl.... Comrnln'on will hold I public helrlng on TUluaV. lilY 2. 2001 It 7:00 p.m, In ttle Council Chambers, City Hall, 300 North .0' Str..t, San Beman:Iino,Cllib'nia92418. "'..~....... vallI.. n&.o!: . A request to eIlCMd perrnined sign are.. to allow I 270- squar~-toot bustn", identificatIOn sign, I 200- squ.re-tool secondary buliness idenlffication sigtl. Idd 2o-.quar.-I..t to an existing ~.r pylon sign, Ifld add 12(Hquar.fHt to an Itlrislingaft-stte freawliy pylon sign lor I businesa located It 4404 North Unlvertlty Parkway In the CG-t, Commerclll General lanclutedRict. EnvIn:Inr'nerIW [)etermlNdion: ; Exempt from CECA, Section 1 531 t ACCIssory """""" Owner: Jian TotkiM _,",,"W.."'-'b . I APN;CJ286.581-15 : II;fj~ii~, '=:- ~ ~.....";=~: l_uiDment enclosure Ind' I~'::'~~~. ~! Exempt from CEOA - New ' ConSlructlon 0' Small t S....... Owner: Uptown Church of 1 """'" . Applicant. Ryan ~ ........._..rolU~S~ReaI EsIate Bamc8S. Ire I APN: 0152.Qt2-23 ~~~~~~a . d-.t~ twr-. lII'I. lI_nt : A7._.-M_0Ikw'l Ill: the , lIOulhwesl:eornar of Pttooet ~~~ ~.,p.aaf7~, EI'1\Ii~ntaI Oete~: ' Exampl.hom CEOA.-tiICIi;ii'l 1S332-lntill 0wII0pmer'lI Owner: Oyr.-: ~ Applicant: Andreson """'"""" APN:0142-121.(J7 Win:!:! I- I Tentativ' Tract MID No, 17367 (SubcIMIion No. 05- 01) to subdMdI ioU .... . into lie rnidantilllotl with rYininun Iol: ... Ii to,_ I square reel. and two , reman:ler_tar....... I and rec:redanII ... AI-. a rtq.IeItbaCclrdlDnlllUlla PemWlIgr4t.a..,.I..III..,., 1 the Hillside ~t 1=.....01-__" on..f1OtIIlidloI Verd,mont Drive, beIweIn Cheslnul and "8IIno", Avenues. in the RL. Residential Low lend .... district. EnvironmenlllllNlb......Mn: "'--- I ge:n~~ Nell aalCOn, Verdemonl"""'" L1C Applicant: DavId """"II'Pi, MAPCO APN: 0261-011-02,03,10; 0341-121.12,17 Ward: 5 ~ Tentatlv, TraCl Map No. 17289 to subdlYlde 5." acres into 25 J*CIIl!wiI'l I I minimum lat lid of lJ.2OfJ .quere feal and . _nor I ExcIpIionIromIla t0041..101 1IJepIh....-..:l1lS~twO Iottwlth97.fL....A/J<<j. requ'l1 for. De~ I PermIlto~25"" I 'amity detached hOu," on 1ha*lcK:atedon"'" side 01 Allen Slr..I, --""'......... olValley SIr",- in ttle AS. Residential Suburtlan land use.disIrict. ; Environmen1Il o.....,;....aon: Proposed Negatlvel .~ 'Owner/Applicant: Dartyll Moen APN:Ot36-281-11,36.15O : Ward: 1 Tho_~..' thl City of s.n Bernardino' ~ ycu pri:ipdan ., evaluating theM ~. Thl Planning Commluion win revIew 1ha projects Md will consider 1M pro~ ' , WId conSlClllr me propv:.....