Loading...
HomeMy WebLinkAbout22-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ORIGINAL Subject: Conditional Use Permit No. 03-18 (Appeal No. 03-13) ~ An appeal of the Planning Commission's approval of CUP No. 03-18, a request to establish an RV repair, prep, and reconditioning center within an existing commercial building, with RV parking and display outdoors. The site is located at 125 E. Club Center Drive in the CR-3, Commercial Regional land use district. From: James Funk, Director Dept: Development Services Date: October 7, 2003 MCC Date: November 3, 2003 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council close the hearing and deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 03-18, based upon the Findings of Fact contained in the Planning Commission Staff Report, subject to Conditions of Approval and Standard Requirements. 'f,wivu. ~tJP Jame unk Contact person: Rri~n Fontp. Phone: 3R4-,O,7 Supporting data attached: Staff Reoort Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (A~ct nP',~rirt;nn) Finance: Council Notes: Agenda Item No. 2dJ /I /3/{)3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Conditional Use Permit No. 03-18 (Appeal No. 03-13). APPELLANT: OWNER: Shaco, Inc. 333 S. Grand Ave., Ste. 2020 Los Angeles, CA 91356 (909) 626-5555 San Bernardino Joint Venture 475 Bluebird Canyon Drive Laguna Beach, CA 92651 (949) 497-3888 APPLICANT: LaMesaR.V. 7430 Copley Park Place San Diego, CA 92111 (858) 522-8125 BACKGROUND Shaco, Inc. is appealing the Planning Commission's approval of Conditional Use Permit (CUP) No. 03-18, a request to expand the La Mesa RV dealership. The purpose of expanding the business is to separate reconditioning/repair of used RV's and preparation of new RV's from the retail use currently located at !OI E. Redlands Blvd. RV's will be parked and on display outdoors, with no retail sales proposed at the new location. All retail sales will occur only at La Mesa RV's existing business located at 101 E. Redlands Blvd. The vacant property is located at 125 E. Club Center Drive, at the intersection with Club Way, in the CR-3, Commercial Regional Tri-City/Club land use district (see Exhibit I-Location Map). At its meeting on September 16, 2003, the Planning Commission voted unanimously to approve Conditional Use Permit No. 03-18 to allow La Mesa RV to expand into the property located at 125 E. Club Center Drive. Commissioners Coute, Enciso, Lockett, Lynch, Morris, and Sauerbrun voted in favor of the motion to approve, and Commissioners Durr and Thrasher were absent. Refer to the Planning Commission Staff Report (Exhibit 2) for a complete discussion. The appellant spoke against the proposal and submitted a letter explaining their opposition. Shaco, Inc. filed an appeal to the Mayor & Common Council on September 29, 2003 (see Exhibit 3-Appeal) requesting that the Mayor and Common Council overturn the decision of the Planning Commission and disapprove Conditional Use Permit No. 03-18 based on the appellant's specific grounds for appeal. The appellant's specific grounds for appeal were submitted with the application and reiterate the three reasons that were explained to the Planning Commission during the public hearing. The Appeal No. 03-13 Hearing Date 11/03/03 Page 2 appellant disputes Findings of Fact Nos. 1, 2, 5, and 6 contained in the Planning Commission Staff Report (Exhibit 2). The appellant disputes Findings Nos. 1 and 2 by stating that the CUP approval is contrary to the Tri-City/Club conceptual master plan. The City never formally adopted the Tri-City/Club conceptual master plan; rather, the uses permitted within the CR-3 land use district include those contemplated in the conceptual master plan, plus additional uses. The Development Code supports the Tri-City/Club conceptual plan in that the CR-3 land use district allows sales of R.V.'s south ofInterstate 10 only. Sales of autos and R.V.'s are prohibited north ofInterstate 10, which is consistent with the Tri-City/Club conceptual plan. Therefore, the approved CUP does not conflict with the General Plan, Development Code, or existing businesses in the vicinity. The appellant disputes Findings Nos. 5 and 6 by stating that the proposed 6'0" decorative wrought iron fence is "very offensive." The proposed location, height, material, and design of the fence has met or exceeded all of the Development Code's requirements. The purpose of the fence is to secure the numerous expensive vehicles parked at La Mesa RV. La Mesa RV intends to construct the new fence to match the high-quality wrought iron fence surrounding the existing dealership located at 101 E. Redlands Blvd. The Planning Commission required La Mesa RV to install a 10'0" wide landscaped planter to include the wrought iron fence. The appellant disputes Findings Nos. 5 and 6 by stating that an easement for ingress/egress and parking prohibits La Mesa RV from enclosing a portion of the parking lot for the exclusive use of La Mesa RV. The proposed placement of the fence will be west of the easement, and access will not be affected. FINANCIAL IMPACT None. The applicant paid the processing and appeal fees. RECOMMENDATION That the Mayor and Common Council close the hearing and deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 03-18, based upon the Findings of Fact contained in the Planning Commission Staff Report, subject to the Conditions of Approval and Standard Requirements. EXHIBITS: 1. Location Map 2. Planning Commission Staff Report 3. Appeal ATTACHMENT A . .~ . , Appeal No. 03-13 Hearing Date 11/03/03 Page 3 \ CITY OF SAN BERNARDINO PROJECT: CUP 03.18 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 9/3/03 u NORTH r ... ~~.",-.,~..~~,..- ~-~~ - . /- I /' '--, . <.......f'.~/.. !-~:;;" . _ "':':;./i":: _.~ - ,.-' . -,. --- ; \ ! r L__________ - -- -- - U-l EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT Appeal No. 03-13 Hearing Date 11 /03/03 Page 4 l SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Conditional Use Permit (CUP) No.Q3-I8 3 September 3, 2003 3 OWNER: APPLICANT: San Bernardino 10int Venture 475 Bluebird Canyon Drive Laguna Beach, CA 92651 (949) 497-3888 La Mesa RV 7430 Copley Place San Diego, CA 92111 (858) 522-8125 REQUEST/LOCATION: A request for approval of a Conditional Use Permit to expand the existing La Mesa RV dealership located at 101 W. Redlands Boulevard into a vacant commercial building located at 125 E. Club Center Drive in the CR-3, Commercial Regional land use district. The new . "'~ facility will do repairing and reconditioning of RV's, as well as indoor and outdoor RV displays (APN: 0164-321-49). CONSTRAINTS/OVERLAYS: None ENVIRONMENTAL FINDINGS: o Not Applicable Ii! Exempt from CEQA, Section 15301 - Existing Facilities o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: Ii! Approval Ii! Conditions o Denial o Continuance to: \ 'J' " ~'nditional Use Permit No. 03-/8 .eeting Date: September 3. 2003 Page 2 REOUEST AND LOCATION A request for approval of a Conditional Use Permit under authority of Development Code ~19.06.020 to expand the existing La Mesa RV dealership located at 101 W. Redlands Boulevard into a vacant commercial building located at 125 E. Club Center Drive (see Attachment A). The new facility will do repairing and reconditioning of RV's, as well as indoor and outdoor RV displays. Retail sales will occur only at 101 E. Redlands Blvd., with employees escorting the customers to 125 E. Club Center Drive to see the displays. La Mesa RV will install a 6'0" decorative black wrought iron fence around the property (see Attachment B). The applicant also will install four 14'x14' roll-up doors and paint to match the building. La Mesa RV will employ 25 people, and operates 7 days from 8:00 a.m. to 8:00 p.m. SETTING/SITE CHARACTERISTICS The building was constructed and the site improvements completed in 1984 (formerly Costco). The building has been vacant since early 2003. The existing building will remain the same size at 109,466 square feet, as well as the existing parking spaces and landscaping. Adjacent to the southeast corner of the property is a water well and tank. .-.'.- it~ The area surrounding the property to the north is the existing La Mesa RV dealership and Econo Lube 'N Tune in the CR-3 zone. To the east is Bryman College and multi-tenant commercial buildings in the CR-3 zone. To the west is Extra Space self-storage, Club Center Car Wash and Detailing, and multi-tenant commercial buildings in the CR-3 zone. To the south is a railroad track, and a roofing wholesale business on the opposite side of the track in the IL, Industrial Light zone. BACKGROUND The Planning Commission approved CUP No. 02-06 and Variance No. 02-02 on May 21, 2002, for establishment of La Mesa RV at 101 E. Redlands Blvd. The Development & Environm!:ntal Review Committee (D/ERC) reviewed this project at its meeting of August 7, 2003 and moved to the Planning Commission. The proposed project is Categorically Exempt from the California Environmental Quality Act, pursuant to Section 15301 for Existing Facilities. FINDINGS AND ANALYSIS 1. Is the proposed use conditionally permitted within the subject land use district, would it impair the integrity and character of the subject land use district, and does it comply with all of the applicable provisions of this Development Code? Yes, the proposed dealership expansion as proposed and conditioned (see item #5 below), will be compatible with existing development surrounding it. Vehicle sales are an appropriate land use in this area of the City, which presently includes several heavy retail businesses. The visibility to Interstate 10, and the noise associated with 'c ; '.'onditional Use Permit No. 03-18 .eeting Date: September 3. 2003 Page 3 this proximity to 1-10, also makes this retail use appropriate at this location, The proposed project complies with all applicable provisions of the Development Code as shown in Table" A. " TABLE "A" - DEVELOPMENT CODE AND GENERAl PI AN CONFORMANCE ~ ~ " CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN CODE Pennitted Use RV dealership Pennitted subject to Pennitted Conditional Use Pennit Height 30 ft. /1 story (existing) 4 stories or 52 feet 4 stories or 52 feet Setbacks - Front 53 feet (existing) 15 feet n/a - Side 166 feet (existing) 10 feet - Rear 30 feet (existing) 10 feet Landscaping 15% (existing) 15 % minimum n/a Lot Coverage 28% (existing) 75 % maximum n/a Parking 438 spaces 438 spaces minimum n/a - Standard 428 (existing) 431 - Handicap 10 (existing) 7 2. Is the proposed use consistent with the General Plan? Yes, the proposed dealership expansion is consistent with a number of General Plan goals, policies, and objectives. General Plan Goal IC states, "Provide for the continuation and development of land uses which provide for the needs of and attract regional populations, in addition to local residents." General Plan Policy L17,10 stares, "Permit a diversity of region-serving uses including corporate and professional offices, retail commercial... warehouse/promotional retail, supporting retail and services, and simiiar uses in areas designated as 'Commercial Regional: Tri-City/Commercenter and Club' area (CR-3)," The proposed project will promote and implement these General Plan goals and policies. The proposed RV repair and reconditioning facility, as conditioned (see item #5 below) will expand and enhance a regional retail opportunity for the City. Goal 4D in the Economic Development Element states, "Maintain and enhance commercial regional cores and economically sound community-serving commercial concentrations. " "?nditiollal Use Permit No, 03-/8 ,eeting Date,' September 3. 2003 Page 4 3. Is the approval of the Conditional Use Permit for the proposed use in compliance with the requirements of the California Environmental Quality Act and Section 1920.030(6) of the Development Code? Yes, the project is exempt from CEQA under Section 15301 for Existing Facilities. 4, Are there potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? No, the proposal will not have any negative impacts upon environmental quality or natural resources. The project represents the reuse of an existing building, and the project is expected to generate less traffic than previous retail uses for which the site was originally developed, 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? ~~~ Yes, the dealership is compatible with existing and future land uses within the general area. The proposed dealership expansion will not adversely impact adjacent development, and should not generate significantly more traffic to the area. Approval of the proposed expansion with Conditions of Approval will not create significant noise, traffic, or other effects that may have negative consequences for other uses in the area. A. Refuse & Recyclin~ La Mesa RV had requested a waiver of the requirement to construct a dedicated storage area for refuse material, explaining that their refuse would be 90% or greater dry recyclable material (based on their existing operation at 101 E. Redlands Blvd.). The Public Services Department denied the request because the waste stream generated by the existing operation was almost entirely unrecoverable material. As a result, La Mesa RV will be required to construct a double-wide refuse enclosure according to City standards, as well as obtain recycling and refuse service. The revised Site Plan (Attachment B) shows a new doublewide refuse enclosure in the west parking lot. B. Parkin~ Existing parking will be more than sufficient and no new spaces are necessary. Mr. Wally Gage, Director of Development for La Mesa RV, explained at the D/ERC meeting that they will provide employee parking at the new facility to free up more display space for their existing display area at 101 E. Redlands Blvd. The existing 63 spaces at 101 E. Redlands Blvd. will be adequate for the customer parking. The Conditions of Approval for this project require the business to maintain an appropriate number of on-site customer and employee parking spaces between the ',nditional Use Permit No. 03-18 ,eering Date: September 3, 2003 Page 5 two sites with no street parking permitted. The Conditions of Approval also require that all loading and unloading of vehicles will occur on-site only, not on public streets. C. Site Desi~n The proposed RV parking and display will result in oils and chemicals being leaked in small quantities on the parking lot areas when vehicles are cleaned and detailed. A Condition of Approval has been included which requires the business to install oil separators and similar interceptor structures to the satisfaction of the Water Department. La Mesa RV will install a 6'0" decorative black wrought iron fence on the north (front), west (side), and south (rear) property lines for security purposes. The fence will cut across the east-side parking lot so that it does not block reciprocal access to the driveway. The existing driveway on the east end provides access to other businesses in the neighboring center. 1~ .~~: D. Landsc:q)in~ Existing landscaping will be sufficient. Approximately 15 % of the site is landscaped, and 15% landscaping is required. The landscaping is in good condition for this use, has been regularly maintained, and none will be removed for the proposed use. 6. Is the subject site physically suitable for the type and density/intensity of use being proposed? Yes, the site is an appropriate size for use by the dealership in the existing building, as conditioned in item #5 above. There is a large parking lot surrounding the building for the exclusive use by La Mesa RV. The existing site design is suitable for proposed use, in that the two existing driveways provide adequate access. The east driveway provides access to neighboring businesses, and the new fence will not impede or restrict the use of that driveway. The west driveway provides the applicant with direct access to the existing La Mesa RV dealership across the street. 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? Yes, all agencies responsible for reviewing access, providing water, sanitation, and other public services have all had the opportunity to review the proposal. None of the agencies have indicated an inability to serve the proposed use. This proposal will not be detrimental to the public's health and safety, and all applicable Codes will apply to the operation of the dealership. "nditional Use Permit No. 03-18 .,feeting Date: September 3. 2003 Page 6 CONCLUSION The proposal is consistent with the General Plan and Development Code, and meets all necessary Findings of Fact for approval. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit No. 03- 18, 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, ;~~ VJ1wV C. ~#VJY- James Funk 0 . Director of Development Services ~~~ Brian Foote Assistant Planner Attachment A Attachment B Attachment C Attachment D Location Map Site Plan, Floor Plan, & Elevations Conditions of Approval Standard Requirements ATTACHMENT A Conditiol1u{ [-'Sf! Permit No. OJ-18 Meet/flg Dwc: St.:plemht>r 3. :003 Page 7 II CITY OF SAN BERNARDINO PROJECT: CUP 03.18 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 9/3/03 -'~... r I-:.r il , G4""''' u NORTH r _ ~ ,..;'~ '~f't ~ " ..e ~ c: IV E .s! IV ~ ,. -.---. ~ -~ ~ - . --- \ ! Redlands Blvd. . Caroline Street --. f',ndiliona/ Use Permit No. 03.18 eeting Date: September 3. 2003 Page 8 ATIACHMENT B SITE PLAN, FLOOR PLAN, & ELEV A nONS .". ~ ...- .- . '~'-' .'-'..~. ~':::.~~'l; ,,<<'.~.. .~;,r:~.,. ~ ~;. > " hi' e c.. t!... - , i5 i ' ~ hil~ I I Ii ~ ~'" ll+ !'I \!l - ".,- I. :;; ~ !n~;i iI. 4- ~~ t ;1 .d I . ~ . & '"' ... I .. ... SU ( . I J (9' ~I 0.. <"""l ~y = ~, = !i~~ "" iillj c::J - *~5 I!!!I IN il~ @ ..J ::l I!!!I ....., @g ( , . t ",1 .. - J. o ~ d ~ .", & ~ ~ \1\ ! i , ~i ~ cJ.- - , I :1 I it l ' -- -t---- , - --. -.-..-.. ~'nditional Use Permit No. 03-18 .eeting Date: September 3, 2003 Page 9 ATIACHMENT B SITE PLAN, FLOOR PLAN, & ELEVATIONS " 7--1 , ~ _ --0 ___ __ ~__ I , 1-- - , I , ~- -I- I I ----+-- , ---- j ---- - --1- - i- t , -~~ I _. ____--.1 .....--- _._....i -r-- - I , -1-- -or.---- - __ _ _. _ l_____. r I --, c-,Ir-. ,-, __~07,~_llLlr:L I 1---- - , , n -"'=t:~--f:f .:.~ I ' ---';-~---"-,--'" . ----t---L ~ , ~ , ! i I ~I ,..., ~- <::' ~ = ~i~ ;1 "- hi ... = ~~ ---1 .... .ZI; I!!!!I eN !~c .I I @ ...J &b :::l 6~ ., l!!!I .., (2S , ~ " l I , i " I ~ !~ ~ , cO o . S c.J , i I ~-'f I , " , ~ I I .1 cr-~ r ij 6 r"ndiliona/ Use Permil No. 03-18 :eeling Dale: September 3, 2003 Page 10 ATIACHMENT B SITE PLAN, FLOOR PLAN, & ELEVATIONS (=) !U .... 0.. = Ii ~ M i ('-.; ; = .... I ,I I!!!I CH ill @ ~ ::l I!I --. I @g IfiI '. il. l1li I . . i :fj~t~ i ~ ~ II ! y.----~- ....v.. ~ v..:. I .. " I, ! - :I I I t. ... ~ I I :z: :I ~ 1,1 to ~ 0 .. .. c: . 0- , Ii I,i ~ ' I I' II; I ~ III 1'1 II , II ~ ii I L..... -_.._.._~---, '?Ilditiollal Use Permit No. 03-18 Aeetillg Date: September 3. 2003 Page II ATTACHMENT C CONDITIONS OF APPROVAL Conditional Use Permit No. 03-18 I. 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. Phasing of project construction/development shall be as follows: Expiration Date: September 3, 2005 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant a one-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. 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 of 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. .>4;;'.:.:?j JJ"i1i' . 'vJ;j;7 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 Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. 4. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) 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: I 'nditional Use Permit No. 03.18 ,,feeting Date: September 3, 2003 Page 12 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. 5. 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 Cenificate 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 Cenificate, 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. 6. 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 din 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. ~4: 7. Signs are not approved as a pan of this permit. Prior to establishing any new signs, or -replacing existing signs, the applicant shall submit an application, and receive approval, for a sign permit from the Planning Department. Signs painted on the building are prohibited. . Animated, moving, flashing, blinking, reflecting, revolving, or similar signs are prohibited. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 8. All repair and reconditioning are to occur within the building. 9. Loading and unloading of vehicles shall occur on-site only, and not on public streets. 10. 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. ;j?f.1.;~, ~~:') -~~ ~-~ .... .~nditional Use Permit No. 03-18 ,,feeling Dale: Seplember 3. 2003 Pagel3 II. Loudspeakers, bells, buzzers, etc. shall not be audible beyond the property boundaries. 12. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Public Services Department b. Water Department c. Fire Department d. Building / Plan Check Division City ot "an Bernardino Public Services ..' .:partment Development Project Condldons of Approval 300 North D Street - 4th Floor San Bernardino, CA 92418 ;....., >t; Project Number: CUP 03-18 Project Planner: Brian Foote Review Date: 8.7.2003 Project Description/Business Name: Expand La Mesa RV into existing building (old Costco location). Project Location/Address: 125 Club Center Drive on APN 0164-321-48. Service Account: 10110C Reviewed By: Michelle Dyck-Turner e-mail: dyck-turner _ mi@ci.san-bernardino.ca.us Phone: 909.384.5549 #3162 . Standard Development Requirements ProJect shall meet all applicable Standard Development Requirements as attached. . Integrated Waste Management Survey Applicant shall submit an Integrated Waste Management Survey for each of the activities marked below with the Initial application to Planning for approval by the Public Services Department Refuse and Recycling Division prior to issuance of permits for each activity. The Information contained in the Survey as well as any related comments and mitigation provided by Public Services shall be summarized in the Initial 5tudy and EIR if required for the proJect under CEQA. '~;A,: 0 Demolition & Site Preparation I 0 Construction / Renovation I 0 Business Operations or Event ~....""~.~.::~ )}f~ Additional Requirements or Recommendations Location was grandfathered to Jack's Disposal, but has since been vacant more than one year. Permanent refuse and recycling services shall be provided by the City. Applicant shall provide roll-off compactor and/or front-load bin enclosure for dedicated refuse and recycling services. 5how on plans. MDIPS 6.27.2003 City of San Bernardino Public Services Department Standard Development Requirements 300 North D Street - 4th Floor San Bernardino, CA 92418 COMMERCIAL & iNDUSTRIAL DEVELOPMENT Collection Services 1. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and Industrial locations within the City shall be provided by the City of San Bernardino Public Services Department unless otherwise franchised or permitted. [MC ~ 8.24.140] 2. New accounu require a completed Service Application, with a full deposit and a copy of manuals for all compactor unlu, returned to the City of San Bernardino Refuse & Recycling Division prior to issuance of the final Certificate of Occupancy. 3. Shared refuse and recycling services for multi-tenant commercial sites shall be billed to a single owner or property manager; leases shall Include terms to accommodate sub-metered services. 4. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly, and all other solid wastes shall be removed at lean once weekly. [SB County Health, Sanitation and Animal Regulations ~ 33.083] S. All commercial establlshmenu generating 6 cubic yards or more of solid waste per week shall establish City recycling services for maximum diversion within 30 days of opening business, ll[ establish an alternative diversion program to be Identified In the IWM Survey for the project. Automated Cart Service to Nonresidential Facilities 6. Nonresidential establlshmenu such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of ,./c"'" non-bulky wane per week and are located on the same side of a residential block receiving automated cart service shall meet ;t;;"f;~ residential rather than commercial require menu. 'iK"~':';'~ 'S~rvlce Vehkle Access 7. Projecu shall meet City Engineering requlremenu for commercial vehicle drive access along the main ingress to and egress from enclosures. These requiremenu shall not limit requiremenu for Fire vehicle access. 8. Property without through access shall Incorporate at least one of the following designs: . A cul-de-sac with a 4O-footturnlng radius for a 32-foot vehicle length . A hammerhead turn with a 4O-footturnlng radius for a 32-foot vehicle length Gated Access 9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services. Shared Collection Areas - Reciprocal Access 10. Front-load bin enclosures and roll-off compactor uniu may be shared across existing or proposed property lines if enclosures or equipment provide adequate capacity for anticipated refuse and recyclable materials generation, AND If Reciprocal Access for shared collection areas Is recorded with the property. Roll-off Compactor Units 11. Sealed compactor uniu dedicated separately to refuse and recyclables may be required to be Installed at facilities with an anticipated waste generation of 60 uncompacted cubic yards per week. 12. Roll-off compactor unlu must be Installed according to manufacturer's and City Engineering specifications with the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter for safe access. 1 3. Roll-off boxes at locations receiving City service must meet City rail and hook specifications per City Engineering Standard 510. , Boxes shall be designed with disposal end opposite hook-up; boxes with same-side design may be subject to a roll-back charge. I ; Compactor equipment shall be screened from view of public right-of-way by materials compatible with building architecture and landscaping as specified by City of San Bernardino Development Code. [MC ~ 19.20.030 (21)] MDIPS 6.27.2003 15. Location, orientation, and dimensions of enclosures, enclosure gates, pedestn.,, entry, compactor pads, and compactor screening, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. '..--' ~:;,;:~;-~ {~' MOJPS 6.27.2003 .'''' City of San Bernardino Public Services L>epartment Standard Development Requirements Page 2 of 2 ~ \jf. .....stlng Bin Enclosures 16. Existing bin enclosures must have minimum Inside dimensions of 7'9" x 9' OR 15' x 4'5" to fit two 3CY bins. Existing enclosures must have block walls, Inside bumper guards or curbing, and solid steel gates, OR enclosure(s) must be reconstructed to meet Engineering Standard 508. Enclosure may be relocated for best drive access and alignment, plans sublect to Public Services approval. (Please note, If site will generate 2CY or less of solid waste per week, see Residential Collection options.) Front-load Bin Enclosures 8t Access I 7. Minimum double-wide enclosures of 8 feet by I 5 feet shall be required for all development to allow for dedicated recycling bins, except where potential waste generation or space Is restricted. [Specifications adopted in accordance with Model Ordinance as required by CA PRC H2911] 18. Front'load compactor units must be contained In an enclosure large enough to hold the unit and one additional bin facing lengthwise. ] 9. Front.load bin and compactor enclosures must be constructed according to Oty Engineering Standard 508. Rear or side pedestrian entry shall be provided on enclosures for all multi-unit residential development. Pedestrian entry on free-standing enclosures shall have a 4-foot width, no gate or door, and an 'l' shaped block screen the same height of the enclosure. 20. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved, without crossing curbs, steps, or driveways. 2]. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water. 22. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code ~ 1103.2.2] 23. Only refuse bins and the contents therein for disposal may be stored In refuse enclosures. All other equipment, ftxwres, and materials such as elearical panels, circulation or exhaust ducts or vents, grease bins, or surplus supplies are strictly prohibited. e.~'~1 Enclosures shall be buffered with landscaping when vlewable from public right-of-way, and vegetation shall not restrict gates or '#fV' exceed height of enclosure. Include vegetation on landscape plans. 25. Enclosures shall be located with gates aligned for straight access for service vehicles. 26. Enclosures shall not obstruct drive aisles, driveways, loading zones, parking, handicap access, or visibility of cross-traffic from drive aisles, alleys, or streets. location shall not cause service vehicle to block access drives during while bins are being serviced. 27. Enclosure gates shall not open Into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to parking shall be separated by a minimum 2.foot wide curbed area out to the farthest point of both gates, and designed to safely restrict gates from opening Into parking spaces or landscaped areas.. 28. location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. Multl-unlt Dwellings - 29. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. 30. Disposal chutes Incorporated Into multi-story buildings must have dedicated chutes for refuse & commingled recyclables. Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications adopted In accordance with Model Ordinance as required by CA PRC ~429] I] MDIPS 6.27.2003 . 08/05/2003 15:02 9093845532 AfN llo\.I-.32.I-'-\~ s...~ BERNARDINO MUNICIPAL WATER DEPAIt'lMENT SBMWD PAGE 02 STANDARDKEQUIREMENTS Iteview 01 Plans: P p. fL f'.l c:> . 0"3 - I 8' aw.rm.velopor:f-lLT"'" "P'c I<- w~C11 J (I. c./ L" .....E.C;~ ~v' TypeofProjocl: E-/CP,......p t-V DF:~L.e~~H'P x.-Iioa: IS ~ IN C-l.. '" e:. ~ I? NT F..lL Dil., l.I i:. Qat. C-V'-I: CDIIIpiIod By: NIIIIIbet of U....: 7' ~ '03 "'" I "-E-. N . WATER DDAllTMIi:NT 'F,.NCnrn'.ltlNf:! c-.ct, ~1f'.F- Nt vA.'lE"t.- PIa.: 3{i:"I-S~'11 FH: 38"/- 5S~z.. NoR: All W..<< SerYica .... Subjec:llo the RuIeI '" llepIaIiaaI of 0- W_ ~ IlSiaolMaizaAd.;.-.....PrDject: /Z"f.:)"X p '''' <:.....,,6 CiN7d2 ~il, v~ }l.ApproxIaida Wiler r-: I Q S P':;S: EIenIiaa afWIIer IlIontp: } 2 'I 'i.(7 BJdcat PIaw 0 20 poi: .. 'l)pe, Sia, LocaIioa, &ncI DlIwa 10 N_ P"w HydruI: I I"LJ,.., ~"7 .e ,. oM. t< I.- fJ C 2 l.. l~ AT $....... c (2.Nf<;L ~ c...Lu C.ENT/!-'" o ~ "........- R*flind em ~'. Sils. Olllbe M.... , . 0 Of'kite W_ FocIllllea ...... o.Jina Not Served '" SoIIIIeroIIdiD<> Muaioipol Wiler DoIpulIneaI. . , O.('-a: WATllR IVJA' 1TV ~nNTRnl.! /l:kt;j-: ~,.l ).~~IF...l P. ""'-: 38.., - S13t; PH: 3~'1 -s:z..Ioc:. <J~;':lIa.;.P.1IoddIow DM:e......indits.m.:.l'_"'" ren- ~ 1M. S-s 7; c > EJ2.1I',- '2. ~ Cbodt Boaktlow Device RelpnIlI" ~rvioe r. ~.h /2. ;:. iLl:.. $ :!;I~ IZ, 4 ,l.""", 0"'; ~I? If-II~ >>-1IooddIow ~ to wlaapected iebe w_.s.mo. caD be AclMlecl. [] No BoIckfJaw Deviclt ll8quUwd II. 1)ia T.... I'.XVIRnNMRNTA.t.. NlNTRnLllNJ')IJn"IlIAI. W~ c:aot.aI: . A 1'J~ \I Cf!}A f::> .J . ., , . NeD:: NaBriaa JP"I! ~.oti... Wilier SoIl dO)'M ,.....w. u"lIaIdiDaend u.win, ~ PraviIW. farO-BriDe. All Jliu 1 II ,. will W . 12110 ClaUorI Capleii)' wida. Sample Boa """'JCIod ~ W....I'mailIWlpUnd. D o-IIII~ Requited. ~ ~ Required. , D No IsalMIIIlIbio T...... o rr--ltecpIirecI. 5 0 ~E-2.(t;P'Oilf. ,.., tl<.~ ~ L .1.... - . '>I...", ,,./' f{....s 1-€ QAt "-D SEWXRr.APAr.TTYINII'ORMATlnN' - -ro D<- ~G..I-.kJ f~~~ r-<.u;~ . ""of'" 6b- c_ f'J t.1 L. )-IJa_ s.ol'ol Pbaao: 3r., ~ .505,$ FH: 38'1"" >SCjl.. NeD: PnIaf of~ Must.... ll"L ~ ro rhf BoaiIdU1c A S.c.ty ~ Prior 10 "B'.a~ ofdao lluiIl;Iirlc l'ermiI. o No S- CapoaiIy Pee ~1Il Thia Time. , Os.- c.p.city FW M... Be Paid fa tho Wiler ~ far Go1Iaaa Per Day, Equivaleat 0w.IIiac U....: D Sub';-ID R_",.I..~ or Foe Prior ID tlae 11_ afw..:r.r.... PwmiL IINabIawa at I!dinllled a.JIaaa .Pw Da)': I'tlaolo: 3R'o.{-S2.3lc. PH: 3f?'1 -C;Z.SR .')11.1111'.._...... ::-' CITY OF SAN BERNARDINO FIRE l."cPARTMENT STANDARD REQUIREMENTS Case: C< JP 03 -If3 Date: FS .{.3 I /"7 /7 r1.... Reviewed By: ~ 1.<7 W I .f I "a, I . 1=" Il7'ff!J2. 1../ K. , GENERAL REQUIREMENTS: ~ _ one -... HI of cor..truction plans 10 Building .nd SIIIely for Fire ~rfmlf1l _II limo of pion chock. Contocllho CIty 01 Son Bornotdino Fir. ~lUnent II (909) 384.5585 for $poclflc _lied roquIrements. The dMllcp&r shan provide for adequate lira flow. Minimum tire flow requirements 'hall be bued on square footage, construction features, and exposure information I\IIlPIIod by 1110 developer end II!l!!l bo .v.U.bIe 1!!!2! 10 placing combusttblo motlffOle on .ho. WATER PURVEYOR FOR FIRE PROTECTION: D The ffto ~ water _ tor !he.... 01 this projoclls plOllldod by. 8 Son _10 Munlclpol Wlllr Doparfmont-EngIneorfn~ (909) 384-5391 Eul Volley W_ Districl-Enginoorlng (909) 888-8986 D 0lIler Wlllr purveyor: Phone: PUBUC FIRE PROTEcnON FACILITIES: D PubIc fiI8 ~.,. reqU08d oJong""'" IIlnlervOle not 10 0""'" 300 feel for commorcllll end __.... end oIlnlo1Vols not 10_ 500 _lor 18IIdonIIoI..... D Fire hydronI minimum __ 011.500 lIP" It. 20 psi minimum _ __... required foroommon:lsl and muIII-.._..... Minimum "'" ~ _ _ all.ooo _ It. 20 psi mintmum _ __ .re roquIlIIcl for.._ ...... D F.. hydIant typo end opocIfIc location wi be joInUy doIonnnod by 1110 CIty 01 Son IlomonIno FIre DoporImonlIn conjuncIIon wlIh !he WIler purveyor. Fire hydrenl_ and _ .hoI conIonn to 1110 _rdo end apocIIIcoIlons 011110 Wltor purveyor. D Public 1Int~. fire _. end public wat.r locfIIIlos _..ry 10 mIfd Fire Dopartrnonl r&quirem_ 1181110 dovolopor'.'- 1I.pu.~ ond .hIIlI be inst8IIod by !he walor purveyor or by tho devIIopor II !he Wltor purveyor'. _ion. Contocl!he water purveyor _ _ for - inlonnotlon. D D ~~~:p ':;'-"".'W ",".-D ACCESS: 8 P- two _rot.. _Iff rou\O. 01 Ingrosa/og....1o tho property -.nee. The _ _ be paved. d_. _ on....... rood 10...... building forfinl~. _ -V .hol hove on......_ drivlng IU_ of not loss Ihon 20 fOOl of_ 1__. Extend roodWIy 10 within 150 toot of all portionl 01 !he o""'rfor wall of all oIngIo .'ory buiIdIn~. Extend -V 10 wIIhIn 50 fool of tho odorior wall aI on multiple-otory buikIngI. P_ "NO PARKING" signa wIlonov.r pao1dng 01.- would poodlIo reduce tho c1earonce at ICCOIS roadways 10 loss Ihon lho roquIrod __ SIgno 118 '" .- "FIRE LANE~O PARKlN_.C. see. 15.16". Dood-ond __ lhoD not oxceed 500 1001 In length and wi have 0 minimum 40 _ rocIIu& turnaround. The l1I/I1OI 01 ony now .troOlo (public or privllO) lhoII be lubmillod 10 1110 Fire Oeparln1ont lor approval. SITE: D All....... n>odI and ....... ore to be conotructod end ..- prior to _ oonstrucIion. D P- fire hyl/ronlI_ be inIlallod 10 proIocl ooch bulking IocIIed mOl8lhan 150 fOOl frOI'II tho culb lIno. No fire hydranIs lhouId be wlIhIn 40 feet aI ony _.... 'Tl1Il hydranIIlhaII be Wet a_typo. with one 210 Inch end 4 Inch oullot end _od by Iha Fire ~ _..- "'fire hydnInts _ be doIlgnlled.. a 'NO PARKING" zone by po/nlfng an 8 inch wide, rod stripe for 15 fOOl in oach diraclion In front 01 !he hydronlln IUCf1 I monnor lhal. will not be blocked by Plrked vehlcfes. tatlerlng 10 be In while 6" by Ii". BUILDINGS: 'D' Addr8Ia ~ shall be installed on the building at the front or other appro'l9d location in such a mIInner as to be vlsIbIe from the frontage street. COm. 1'\ ......... end muIIi family _ numoral. .hall be 6 inches tall. lingle lamllt l<ldr... ""me"l. shall be 4 inches 1811. Tho color at !he numo_ _ oon- trUl wIIh the ooIor allho beckgrouncI. o IdanIfIy _ gaa and _ motor with tho number of thO unn h OIIVOI. )l( Fire ___ mull be Inollllod prior to tho tu!dlng baing occupiod. TM minimum rating lor ony fire oxtinguIshor Is 2A 10B1C. MlMnum _ 01 lira ___ _ be luch thll no Intarior part at tho building Is over 75 foot trevOl d1slanco from . fire oxlingulshor. D Apo/Imonl_ wIIh 18 or more oolls. hotols (mOlols) with 20 or moro unit.. or _rlmon.. or hOlOI& (motOll) tI1r&o storloo or more In hoIghI..... be . aquippod with .utomollc fire sprinkIefs designed to NFPA llendards. ~ AI buIIcIngI. over 5,000 oquaro foot. Shall be oquippad With an outomalic firo sprinkor syst.m designed 10 NFPA .tandards. This Incfudol _ling buIIdInga 17'. _ _385 daya. 1 SUbmII: plal"ll for the fire protection system to t!lfI Rre Department prior to beginning constructior; of the system. Pennit required. Tenant inprovernenta in .U sprtnktoraa buildings lira to ba approved by the Fire Department prier to start of construction. Permit required. ProvkIe fire aIamI (required throughout). Plans musl be approved by the Fire Department prior 10 start of instaUation. Penn" requ;red. Fire Dopartmord COMOCIIon to sprIn~J.r .ysl....JOtandpipo system, .ha11 b<> roquirod at Fire Doparfmonl_od location. FIre Code Pormft required. apply at 200 east 3rd ..reot. (909) 3B4-53BB. Fire SprInIdor monitoring required. Pt.ns mus: be opprovod by tho Firo Dopartmonl prior 10 tho IIlrt of constructlon. Ponnft roqlirod. D ~Laod. 71.-qI1/"-; :slfttr "- ,PO.,....... AUA/vItElLe / (1/(/ ..1 /YJ ~ (X r t'fffJ~;! C..( EI ~~-." I r;:"fC' ATt m-J. It f-r=:-?1 IfIICl2..c/1S :; I I ..s-p f4f'/Kt..e:12.r:-.o I 5J(~. / City of San Bernardino ~ ST A~DARD REQUIREMENTS Development Sen'ices/Plan Check Division Property address: DRCICUP/DP: DATE: NOTE; NO PLANS WILL BE ACCEPTED PLAN CHECK WITHOUT CONDITIONS APPROVAL IMPRINTED ON PLAN SHEETS. 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): FOR OF ~;~fJ a. site plan (include address & assessors parcel number) b. foundation plan c. Door plan (label use of all areas) d. elevations "" e. electrical, mechanical, & phiinbing plans f. 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 Services (plan check) 909-384-5071 for amount. 1. The title sheet ofthe 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. Pro\'ide 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 Bernardino CA 92418 909.384-5071 Office 909.384.5080 Fax 5. Submit grading, site, and/or landscape plans to Public Works/Engineering for plan check approval and permits. For more Information, phone 909-384-5111. fI, Fire sprinkler plans, lires 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 appronl 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 quallt). permit may be required. Contact South Coast Air Quality Management Division for Information. phone 909-396-2000. ll. 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. - -..).:., ~~:0 '~.lJf' NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATEL Y 4-6 WEEKS FOR 1 ST 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 '0' Street San Bernardino CA 92418 909-384-5071 Office 909-384-5080 Fax --- ,~-~-,,'-.'''- ..'''""-83 8a.a. PRONilCIt.-y or tfttdnO' , ." . EXHIBIT 3 - APPEAL .. I Appea o. - CITY 0.... aZ1nD,IHU"IAKUINO Hearing Date 11/03/03 DEVELoPMENT SERVICES DEPARTMENA Page 5 j()() NOlllH cDc SJ:REE1'. SAN 1JERNARDlNO. C4 92418 . (909) 384--$0$7 APPUCATION FOR APPEAL OF A DIRECTOR DBTBRMINATJON, DEVEI.OPMENTIENVIRONMENTAL REVIEW COMMIt lhti DBTERMlNATION OR PLANNING COMMISSION DETERMINATION AppeDam's Name, Address SA(LU> r........ - . IDd phone IIIIIllbct '3.3J .5. 6 I( AND Av€. ~ 1-1} t.o ./ L..D S -t ,.., c, 6' (.. oit...s . G+ 9 (J.S"b (z..f:Jjro t.<o-s::r.s-.s- ... Cootact Person, Address ,M,...~k' VA,o"'rK lIlId phooc AvlO. *' 2.02-6 ~.:IJ .s. 411";0 ... Lo.l A,.,.~c(..€s. C "I- ql3..:f''- (t.,:y" 2-" -5:"S-sS- Pursuant to &.r.tion 19.s2.100 of the Development (MlIIIicipal) Code, all appeals must be filed on I City appI.icalion form with 15 days following the final date of actiOll, ac~ by lhc ~Oy.l.iatc fee. Appeals arc notmaIIy sc:heduJ.e4 foe a determiDation by the Planning Cnrrmrio,ion or Mayor lIIId Common OwlllCil within 30 days of the fi1lng date of the appeal. Yon will be uorificd, in writing, of the .orpecific date lIlId time. FOR OmCE USE ONLY Date Appeal Filed: q j,j) q / t::J:?;, Received by; LED Receipt No.: Ro 300 'N v') ~Amoont: .1NL,.6O ..s 1M 0313 , oorn(Q;@o~~@ SEP 2 9 ,,,...3 CITY OF SAN BERNAH,X ." DEVELOPMENT SEfIVICli$' DEPARTMENT ""; , . SEP-24-03 09.21 FROM.Ci~y oE SBdno Plng/Bldg 10.9093846088 PAGE 1/1 Appeal Application Page 2 The following iDfoml"Uon mast be completed: - Specific action being appealed and date oftbat action A I? ...e o./il.1) t:;~ e- a... 00.01'0 va. ( 0.(1- Co,;cf'-6'o.,a. ( U I 't;- ;1/0. II ( Lc- Ae.s.... 1\V) se- (I~rn.' 03- /f I / Specific grounds for the appeal a... f) e~ &"''^''-- +-:"", otl \( THr;:. c.. LlA...U~-- 4- ,..~-h.,'( ce.o't<.o/ h. INt t-~lIo. j,'",... o,f/-Q. V e...,. " o ...p (1L""~ II Vc... ..p.'~c..t!- - ~\-r ~ (L - '/ 6 P-Pec- f- ~~.I Ii 40..1 c. . pI" c.s "-- ....." k v<- <2-c-s "'- /<.1 ~... t-- ro ~,,~ <; / t-IC , Action sought D;s~y>".rQV"( r I AdditionBl information i. ~t!!.-,__ "'- t-Ce..,C/l, e..,( I ~..J:;t;~.- ~Q. f...A 'I It'/"'J ofi- r . ~. S~CiZ.... c.. f--h c_i. c./ 1';; W .. tIJ t...fo~ v'..-. o'?Q$ e.,,( -fJ- C-I-t c.... ( II. +- ~l,t.l:_ f' I /. Cct 1-/0) I , e...x"~. (,.,~ ~~ y'Z-c..4:r SignatUre of Appellallf ~'vlr V~,.f Date I To, S h... <-' :;:... . , , '. SHACO, INC. 333 S. Grand Avenue Suite 2020 Los Angeles, Califurnia 90071 Tel: (213) 626-5555 Fax: (213) 680-3535 September 16, 2003 City of San Bernardino Planning Commission HAND DELIVERED RE: Conditional Use Pennit No. 03-18 ("The Subject Property") Honorable Members Of The Planning Commission: Shaco Inc. is the owner of the property adjoining and directly to the east of The Subject Property. Shaco owns 94, 674 sq. ft of building on approximately 5.41 acres offee simple land and 2.57 acres of leasehold. Our buildings are occupied by Bryman College, Wickes Furniture, and Stacks (a furniture store) and are referred to as a part of the Club Center ("The Club Center"). We object to the issuance of Conditional Use Permit No. 03-18 for the following reasons: I. A fenced parking lot and service center for RV's is contrary to the conceptual master site plan of "The Club Center". The existing Zoning for the area is completely supportive of and was created hand in hand with the conceptual plan from day one. (copy enclosed). Shaco and its neighbors have struggled through tough economic times for many years and are just beginning to see the light. A change in the zoning for this kind of use will devastate Shaco and its neighbors in the Club Center. As a point of information, in the Wickes FurniturelShaco lease, the Landlord is prohibited from leasing in the center to Auto or Truck Sales and/or repairs and car washes. This prohibition doesn't apply specificaIly to the subject property but we mention it because it serves as an example of the intent and concept of the Club Center which its owners and tenants rely on. 2. Also as further point of infofl!lation Shaco having suffered though several years of vacant space had an offer to lease 19,010 sq. ft. to a Tile and Carpet store. This tenant would have fit in perfectly with Wickes Furniture and the other furniture stores in Phase II of the Club Center. The Tile and Carpet Store intended to use the majority of the space for a retail showroom and wanted to use about 30% of the space in the rear for fabricating and customizing for their customers. Shaco went to the San Bernardino City Planning Department and was told they could not have this use, as it wasn't allowed in the CRJ zoning plan. We asked what chance of getting II variance and were told extremely unlikely and probably a waste of money to try. We were very disappointed particularly since the majority of the store from appearance and practicality was all retail. However we accepted that the rules are the rules and continued making best efforts'to fmd a tenant that conformed with the zoning rules. ". / 1,\ " City of San Bernardino Planning Commission September 16, 2003 Page 2 3. Regarding the fencing of the parking lot, Shaco, its tenants and their customers and the other Owners of property in the Club Center have been using the parking area of "The Subject Property" for parking, ingress and egress for more than 13 years. Our attorney has advised us that we have a Prescriptive Easement on The Subject Property and that in the event The Subject Property is fenced that we should file suit. Regardless of the fact that we have a Prescriptive Easement on the Subject Property it should not be fenced, as a fence no matter what its made of, what color its painted or how pretty it is designed to be, gives a jail like effect, a separation from the pwpOse and conception of The Club Center and will destroy the continuity of the Club Center and harm all the owners and tenants of the Club Center. We have seen the existing wrought iron fence at La Mesa RV on Redlands Blvd. and while it looks better than a cyclone fence and may be expensive it does not belong in the middle of the Club Center parking area and being misplaced there it would be ugly Sincerely yours, t7 --- Charles Lederman Executive Vice President Copy: By mail to: Mayor of San Bernardino City Attorney of San Bernardino File: Planning Commission September 16, 2003 ,~ l~~/~~~::j;jJ ..~ OFFICE OF TIlE CITY CLERK RAcHEL G. CLARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us '" November 5,2003 Shaco, Inc. 333 S. Grand Avenue, Suite 2020 Los Angeles, CA 91356 Gentlemen: At the meeting of the Mayor and Common Council held on November 3,2003, the following action was taken relative to the Appeal of the Planning Commission's approval of Conditional Use Permit No. 03-18, to expand the La Mesa RV dealership currently located at IOI E. Redlands Blvd. into the property located at 125 E. Club Center Drive: That the Mayor and Common Council close the hearing, deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 03-18, based upon the Findings of Fact contained in the Planning Commission Staff Report, subject to the Conditions of Approval and Standard Requirements. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, i~h~ ~~: .. Rachel G. Clark, CMC City Clerk RGC:lls cc: La Mesa R.V., 7430 Copley Park Place, San Diego, CA 92111 San Bernardino Joint Venture, 475 Bluebird Canyon Drive, Laguna Beach, CA 92651 Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty