HomeMy WebLinkAbout66-Planning
. CITY OF SAN BERtGRblNO IL~EQUEST .oR COUNCIL ACTION
From: Larry E, Reed
Director of Planning/Building & Safety
Dept: Planning/Building & Safety
Subject: Appeal of Planning Commission's
Denial of Variance No. 89-3
Date: November 7, 1989
Mayor and Common Council Meeting
November 20, 1989, 2:00 p.m.
Synopsis of Previous Council action:
On May 16, 1989, the Planning Commission voted to deny Variance No. 89-3, The
vote was six for denial and one abstention,
On June 19, 1989, the Mayor and Council, at the applicant's request, continued
the hearing on the appeal of the Planning Commission decision to deny <"
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Variance No, 89-3 to October 16, 1989, '-"
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On October 16, 1989, the Mayor and Council, at the applicant's request,
continued the hearing to November 20, 1989.
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Recommended motion:
That the appeal be continued until the December 18, 1989 Council Meeting,
OR
That the appeal be denied, and that Variance No. 89-3 be denied,
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LARRY E. REJD
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Signature
Contact person: Larrv E, Reed
Phone:
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Supporting data attached:
Staff Report
Ward:
3
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct, No.1
{Acct. Descriotionl
Finance:
Council Notes:
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Agenda Item No
66
CITY OF $AN BERNCRDINO - REQUEST lOR COUNCIL ACTION
STAFF REPORT
Subject: Appeal of Planning Commission Denial of Variance
No. 89-3
Mayor and Council Meeting of November 20, 1989
REOUEST
The applicant, Econolodge, is appealing the denial of Vari-
ance No. 89-3 by the Planning Commission. The applicant
requests that the Mayor and Common Council reconsider the
denial and temporarily approve the variance so that construc-
tion of the parking lot could occur with slag, and in 12
months permanent asphalt would be installed.
BACKGROUND
Variance No. 89-3 is a request to not comply with Code Sec-
tion 19.56.380. This section reads as follows:
19.56.350 Asphaltic concrete surfacing or paving.
All areas shall be surfaced or paved with asphaltic
concrete, concrete or other bitulithic surfacing
acceptable to the commission and shall thereafter
be maintained in good condition.
The proposal
EconoLodge on
Camino Real.
regards a 2.15 acre parcel north of
the northwest corner of Fairway Drive
the
and
The appeal is based on the desire for increased business from
truckers, which the unpaved parking lot is proposed to
accommodate (see appeal letters, Attachment A).
A parking lot would be advantageous in this area, as semi-
trucks are presently not being accommodated by the motel's
off-street parking area. However, a properly designed and
constructed parking lot should be constructed.
On April 20, 1989, the Development Review Committee voted to
recommend to the Planning Commission denial of Variance No.
89-3.
On May 16, 1989, the Planning commission denied the variance
request based on recommendations of the Development Review
Committee and Findings of Fact.
On May 30, 1989, the Planning Commission decision to deny the
variance was appealed by the applicant.
On June
appeal
time to
project
19, 1989, the Mayor and Common Council continued the
hearing to October 16, 1989 to allow the applicant
file a Review of Plans application and have the
reviewed by the Environmental Review Committee and
75-0264
Appeal of
Mayor and
PlanniJ;>commission Denial of
Council Meeting of 11/20/89
.0
Var~ance No., 89-J
Page 3
the Development Review Committee.
On August 14, 1989, the applicant filed Review of Plans No.
89-49 with the Planning Department. This application is for
the construction of the parking lot in three phases.
On August J1, 1989, the Environmental Review Committee con-
tinued the item for revised plans addressing several issues.
Those items include:
1. Temporary irrigation and hydro seeding of non-paved
and non-slagged surfaces during Phases I and II.
2. Resolution of points of ingress/egress, circulation
patterns and general safety.
J. six inch curbing to separate landscaped areas from
truck traffic.
4. siting of a well that exists on the property which
will need to be accommodated or relocated.
As of November 8, 1989, these issues
resolved by the applicant and final
the Environmental Review Committee
Committee has not taken place.
oDtions Available to the Mavor and Council
have still not been
review and approval by
and Development Review
The Mayor
18, 1989
review of
and Council may continue the item to the December
Council meeting so that these issues and final
the Review of Plans could take place.
or
The Mayor and Council may deny the appeal and deny Variance
No. 89-J.
prepared by:
John Montgomery, AICP, Principal Planner
for Larry E. Reed, Director of of Planning and
Building and Safety
Attachment A
B
- Letter of appeal
- Statement of Official Planning
Action
C - May 16, 1989 Planning Commission Staff Report
Commission
mkfl1/8/89
M&CCAGENDA:VAR89J
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Econo
Lodge.
ATTACHMENT "A"
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May 30, 1989
"89 liP.':' 31 P:?: 15
Mayor and Common Council
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Re: Variance No, 89-3
Please accept this as our appeal of the City Planning
Commission's decision of May 16th, 1989 regarding Item No, 11,
Variance No. 89-3,
We are appealing this decision for the following reasons:
1. Approximately 82% of the subject property is located
within the San Jacinto Fault Zone, where for health and
safety reasons, no structures can be built.
2, At the present time, property owners to the north are
allowed to park automobiles on dirt shoulders located on
the east side of Camino Real.
3. Dust presently originating from the subject property,
will be mitigated by surfacing with a non-toxic and non-
corrosive slag. All surfacing materials will be compacted
to a minimum relative compaction of 95%,
4, Long term plan is to pave and stripe this area once
business is built up,
Thank you for your anticipated courtesy.
Sincerely,
~
V,K. Shah
General Manager
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MAY 3 1 1989
Econo Lodge Conference Center
668 Fairway Drive at 1-10 and 1-215
Orange Show Rood, Exit on 1-215
Son Bernardino, CA 92408
714 825-775D
1-800-55-ECONO Nationwide Reservations
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May la, 1989
APPEAL TO AlL CCM1I'ITEE MrMBERS AND CXXJNCTI. MEMBERS OF nm cm OF SAN
BERNARDOO, TO APPROVE APPLICATION FOR VARIANCE II 89-3,
Th.e city of San Bernardino is loosing visitors and business clientele
who stay in hotels to Riverside, Redlands and Fontana, We have
explored a new type of clientele and have found a vast market with
long-haul truckers delivering goods to the Inland ~ire area.
We have the potential to INCREASE TAX REVENUES FOR TIlE cm by
providing truck parking facilities at our hotel by using the pro-
posed site which we have owned since purchasing the hotel in 1984; the
property is and was a part of the hotel, We are appealing to all
the members of the approval camti.ttee to consider our application
and approve it,
TIle hotel anp10ys 40 people on a year around basis and produces a
payroll of substantial nunbers which in turn is spent in our CCIlIlllnity,
Th.e hotel occupancy tax at our hotel is now approx:lmate1y $80,000 per
year and will increase significantly with our ability to aCcaJDdate
additional truckers,
It will be IIIOre difficult for our hotel to create new business when
Norton Air Force Base is closed, TIle new Visitors and Convention
Bureau is trying to increase our business. trying to give reasons
and justify why these people lIIJSt stay in San Bernardino and spend
their mmey in our local econany,
TIlere is no hotel in San Bernardino that has this size of valuable
land to accCtllll)date the truck parking for guests staying at the hotel,
We feel we need to be penn:itted to proceed with our plans to develope
the parking lot,
Econo Lodge Conference Center
668 Fairway Drive at 1-10 and 1-215
Orange Show Road. Exit on 1-215
San 8ernardino. CA 92408
714 825-7750
1-800-55-ECONO Nationwide Reservations
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Eeono
Lodge.
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.
We feel we can increase our share of the market to attract 1IIJre
traffic to our hotel since we have easy-on, easy-off exit/entry
points due to our advantagious location at the intersection of
1-10 and 1-215, which are main arterials connecting east and west
on 1-10, and north and south on 1-215,
By doing so we have a potential to increase our business by 207-
and create 1IIJre jobs and also keep our facility open and in operation,
and not have to close down our facility due to financial problems
and/or difficulties, We would like to sustain our business and be
part of a growing economy and help the city collect m:>re tax reverroes,
This hotel has also been able to serve the local market by providing
an economy budget luxury property with meeting and banquet facilities,
an entertaiI1ment lounge, and a bane for the fBllDUS radio stations
KFXM and KDOO,
We will very IIlJch appreciate your approval on a conditional basis
as sul::mitted currently,
I hope you will approve our application and help us survive I
May I count on your support?
Sincerly Yours,
vt(~
V, K, Shah
General Manager
Econo lDdge Conference Center
668 Fairway Drive at 1-10 and 1-215
Orange Show Road, Exit on 1-215
San Bernardino. CA 92408
714 825-7750
1-800-55-ECONO Nationwide Reservations
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. 0 ATTACHMENT liB" 0
City of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
Number:
VARIANCE 89-3
Applicant:
M.P. Rama for the JHM Inland Empire Inc.
ACTION
Meeting Date: May 16, 1989
Approved Adoption
Request Subject to
Fact, Conditions
Requirements.
Denied.
of Negative Declaration and
the Following Findings of
of Approval and Standard
x
Other.
FINDINGS OF FACT
1, There are no exceptional or extraordinary circumstances
or conditions applicable to the property involved, or to
the intended use of the property, which do not apply
generally to other property in the same zoning district
and neighborhood in that the property is flat and of
adequate length, width and area to develop a parking lot
which meets San Bernardino Municipal Code requirements.
2. The variance is not necessary for the preservation and
enjoyment of a substantial property right of the appli-
cant in that all other properties are subject to the
same restrictions and there is nothing unique to this
property which renders the restrictions unequitable. The
property can be used for a parking lot if provided with
appropriate improvements.
3. The granting of the variance will be materially detri-
mental to the public welfare or injurious to property
and improvements in the zoning district and neighborhood
in which the property is located, in that increase dust
levels will impact air quality and traffic safety and,
the potential for groundwater contamination would
increase.
4. The granting of such variance will be contrary to the
objectives of the General Plan, in that the public
health and safety and the aesthetics of a City "gateway"
and redevelopment area would be adversely i~pacted.
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ci ty of San BerrO .10
STATEMENT OF OFFICIAL PLANNING
Variance 89-3
Page 2
o
COMMISSION ACTION
5. The Planning Department has investigated whether the
land use project identified in Variance NO. 89-3.
Application is consistent with the land use designations
and policies in the Preferred Land Use Alternative Map
and the Interim Policy Document. The proposed land use
project by the Mayor and Common Council on May 23, 1988,
amended on June 6, 1988, and approved by the State
Office of Planning Research on June 9, 1988, in that the
Document and Map designates the proposed site for CG,
Commerical General users) which includes parking lots.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Brown, Corona, Lindseth, Lopez, Nierman, Stone
None
Cole
Sharp
I, hereby, certify that this Statement of Official Action
accurately reflects the final determination of the Planning
commission of the City of San Bernardino.
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Brad L, Kilger. Director of Planning
Name and Title
cc: Project Property Owner
Project Applicant
Building and Safety Dept.
Engineering Division
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PCAGENDA:
PCACTIONB
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ATTACHMENT "c"
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Public Hearing Notice
A notice of the appeal hearing was sent to property owners
within 500 feet of the subject property at least ten days
prior to the hearing, as per Municipal Code Section 19,81.020,
A copy of this notice is attached.
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o ATTACHMENT "0"
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
SUMMARY
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AGENDA ITEM
HEARING DATE
WARD
11
5-16-89
3
VARIANCE 89-3
APPliCANT: M. P. RAMA
880 South Plesantburgh Dr.
Greenville, so;Carolina2960
OWNER: JHM Inland EmpJ.re Inc.
880 S, Pleasantburgh Drive
Greenville, So. Carolina
The applicant requrest a Variance of Code Section 19.56.380
to allow construction of a parking lot without paving on
2.15 acres,
The site is located on the northwest corner of Pairway Drive
and Camino Real,
EXISTING I.P, 0,
PROPERTY LAND USE ZONING DESIGNATION
Subject Vacant C-3A,Limited Gen.Comrn. CG, Comm.Genera
North Vacant Comm. C-3A,Limited Gen.Comm. CG, Comm.Genera
South Commercial C-3A,Limited Gen.Comm. CG, Comm.Genera
East Freeway N/A N/A
West Vacant C-3A,Limited Gen.Comm, CG, Comm, Genera
GEOLOGIC / SEISMIC ~YES FLOOD HAZARD DYES OZONE A ( SEWERS DYES )
HAZARD ZONE DNO ZONE GaNO OZONE B ONO
HIGH FIRE DYES AIR PORT NOISE / DYES REDEVELOPMENT DYES
HAZARD ZONE g]NO CRASH ZONE Qi) NO PROJECT AREA @NO
..J o NOT o POTENTIAL SIGNI FICANT Z 0 APPROVAL
~ APPLICABLE EFFECTS 0
WITH MITIGATING - 0
Zen MEASURES NO E,I,R, tc CONDITIONS
WC!) o EXEMPT o E,LR, REOUIRED BUT NO ...0 KJ
2Z ...i5 DENIAL
Z- SIGNIFICANT EFFECTS
00 WITH MITIGATING t!2 0 CONTINUANCE TO
a:Z MEASURES en2
>iL 0
Z oNO o SIGNIFICANT EFFECTS (.)
III SIGNIFICANT SEE ATTACHED E, R. C, III
EFFECTS MINUTES a:
NOV. 19.1 REVllaD oIULY "..
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE "1).1) RQ_~
CONDITIO_NS
AGENDA ITEM
HEARING DATE
PAGE
11
~_'h_RQ
2
1, REOUEST
The applicant requests variance of San Bernardino Municipal
Code (SBMC) section 19.56.380, asphaltic concrete surfacing
or paving, which provides that all parking areas shall be
surfaced or paved with asphaltic concrete, concrete or other
bitulithic surfacing acceptable to the Commission and there-
after maintained.
2. SITE LOCATION
The subject site is a 2.15 acre parcel located immediately
north of an existing motel on the northwest corner of Fairway
Drive and Camino Real. The site has a frontage of 229.5 feet
along Camino Real.
3, MUNICIPAL CODE AND INTERIM POLICY DOCUMENT CONFORMANCE
The proposal is inconsistent with the SBMC as shown in
Attachment A. It is consistent with the Interim Policy
Document (IPD) adopted by the Mayor and Common Council on May
23, 1987, amended on June 6, 1987 and August 1, 1987 and
approved by the State Office of Planning Research on June 9,
1988, which designates the site as CG, commercial General
which allows for parking lots.
4. CEOA STATUS
section 15270 of the California. Environmental Quality Act
states that CEQA does not apply to projects which a public
agency rejects or disapproves. It allows for initial screen-
ing of an application on its merits and the granting of a
disapproval prior to initiation of the CEQA process.
This section of CEQA was used in this case. An Initial Study
was not prepared and the Environmental Review Committee did
not review this project.
5, BACKGROUND
A Conditional Development Permit CDP616 for a motel was
approved by Planning Commission on July 5, 1972, and by
Common Council on July 17, 1972 for the parcel just south of
the project site. The motel currently existing on the site
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,crrv OF SAra. ~RNARDINO PLANN
OBSERVATIONS
DEPARTMENT
CASE VaRRQ_l
11
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AGENDA ITEM
HEARING DATE
PAGE
,
is seeking the parking lot variance.
Conditional Use Permit No.87-28 to remodel an abandoned off-
premise sign on the project site was denied by the Planning
Commission on February 2, 1988. The denial was upheld on
appeal to Mayor and Common Council on May 2, 1988.
6. ANALYSIS
PHYSICAL CHARACTERISTICS
The site is relatively flat with the San Jacinto fault zone
running from the northwest to the southeast and is in an
identified area with high-susceptibility to liquefaction.
SURROUNDING CONDITIONS
The surrounding properties are also relatively level. The
property north of the project site is currently occupied by a
vacant former restaurant, however, an auto service center is
proposed for the site. This property to the immediate north
of the project site is part of the Southeast Industrial Park
Redevelopment Area. Approximately 200 feet north of the
project site is the boundary defining the southerly limit of
the regional Auto Plaza area. To the south is the existing
motel, to the west is vacant land and to the east is the
Interstate,215 freeway.
ENVIRONMENTAL ISSUES
Preliminary review of the environmental concerns of this
variance point to two (2) areas where the potential adverse
impacts would be difficult to mitigate to a level of insigni-
ficance. The first impact is the increase in levels of dust
put into the air by vehicles driving on an unpaved area. In
addition to the air quality impacts, the increas~-dust levels
could pose a safety hazard on the adjacent roads and
freeways. The second impact is the potential for contamin-
ation to the groundwater from vehicle leaks. The groundwater
level at the project site is high and is a major aquifer in
the region. The primary mitigation for both these impacts
.
,CIJ"V OF SAO. ERNARDINO PLAN
OBSERVATIONS
.... DEPARTMENT
CASE VAR89-3
AGENDA ITEM 11
HEARING DATE 5-16-89
PAGE
would be paving of the parking area.
PERMITTED USES
The site plan submitted with this Variance 89-3 Applications
shows a 10 x 10 foot dog kennel along the south property
line. Under San Bernardino Municipal Code Section 19.78.020,
dog kennels require a Conditional Use Permit.
7. COMMENTS RECEIVED
The project was reviewed by the Development Review Committee
(DRC) on April 20 1989. The ORC made a recommendation for
denial to the Planning Commission. The following were issues
of concern: '
Parks and Recreation Department: 5-foot required
setback to be landscaped and separated from driving
areas with a 6-inch curb. Interior landscaping of
5% is required.
Public Services: Refuse enclosure required;
flooding and resultant mud problems.
Public Works/Engineering: Widening of Camino Real
and curb and gutter improvements required; with no
drive aisles and stripped parking stalls, traffic
congestion and circulation are safety problems;
dust control problem; noise impacts on motel.
Water Department: High groundwater and potential
for groundwater contamination.
Police Department: Security lighting required;
dust control problems; traffic congestion; lack of
emergency vehicle access. The Police Department
opposes the project as proposed.
Redevelopment Agency:
aesthetics and effect
area.
Dust control problems;
on adjacent redevelopment
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,CITY OF SAO ::RNARDINO PLAN
OBSERVATIONS
\ DEPARTMENT
CASE VAR89-3
AGENOA ITEM 11
HEARING DATE 5-16-89
PAGE
In addition, comments were received form the California
Department of Transportation, expressing concern regarding
the dust control problems and possible impacts to the Inter-
state 215.
8. CONCLUSIONS
The Municipal Code requires that all parking lots be paved
with asphaltic concrete, concrete or other bitulithic sur-
facing. There is nothing unique about the property or
terrain which would justify granting the variance and
significance safety and environmental problems would result
from its approval.
9. RECOMMENDATION
Staff recommends
89-3 subject to
B) .
that the Planning Commission deny Variance
the following Findings of Fact (Attachment
Respectfully submitted,
(
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Tricia D. Thrasher
Planner II
ATTACHMENTS:
Municipal Code and IPD Conformance
Findings of Fact
Applicant's Responses to Required
Site Plan
Location Map
A.
B.
C.
D.
E.
r .CITY OF SAO~.:RNARDINO PLAN:-E.~.... DEPARTMENT
'. CASE VAR89-3
OBSERVATIONS
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ATTACHMENT "A"
I
AGENDA ITEM
HEARING DATE
PAGE
MUNICIPAL CODE AND INTERIM POLICY DOCUMENT CONFORMANCE
CATEGORY
PROPOSAL
MUNICIPAL CODE
Permittted Uses
Dog Kennel
Requires Conditional
Use Permit
Development
Standards -
Parking Lot
C-3
- Setbacks
None
5 feet
- Landscaping
None
Setbacks along right-
of way; 5% of total
parking area;
6-inch curb surrounding
landscaping
- Wheel stops
None
6-inch high;
3 ft, from fences
or property line
- Striping
None
All stalls required
- Paving
None
Asphaltic concrete,
concrete, or other
bitulithic surfacing
"
1:)-16-89
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I.P.D,
N/A
CG
N/A
N/A
N/A
N/A
N/A
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE VaTRQ-3
FINDINGS of FACT
AGENDA ITEM ~
HEARING DATE - -
PAGE 7
1. There are no exceptional or extraordinary circumstances
or conditions applicable to the property involved, or to
the intended use of the property, which do not apply
generally to other property in the same zoning district
and neighborhood in that the property is flat and of
adequate length, width and area to develop a parking lot
which meets San Bernardino Municipal Code requirements.
2. The variance is not necessary for the preservation and,
enjoyment of a substantial property right of the appli-
cant in that all other properties are subject to the
same restrictions and there is nothing unique to this
property which renders the restrictions unequitable. The
property can be used for a parking lot if provided with
appropriate improvements.
3. The granting of the variance will be materially detri-
mental to the public welfare or injurious to property
and improvements in the zoning district and neighborhood
in which the property is located, in that increase dust
levels will impact air quality and traffic safety and
the potential for groundwater contamination would
increase.
4. The granting of such variance will be contrary to the
objectives of the General Plan, in that the public
health and safety and the aesthetics of a City "gateway"
and Redevelopment area would be adversely impacted.
5. The Planning Department has investigated whether the
land use project identified in variance NO. 89-3.
Application is consistent with the land use designations
and policies in the Preferred Land Use Alternative Map
and the Interim Policy Document. The proposed land use
project by the Mayor and Common Council on May 23, 1988,
amended on June 6, 1988, and approved by the state
Office of Planning Research on June 9, 1988, in that the
Document and Map designates the proposed site for CG,
commerical General use(s) which includes parking lots.
PCAGENDA:VAR89-3F
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REQ~~ry PINDINGS
OP PACTS
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TTCfu~T'S RESPONSES TO
ALL APPLICATIONS FOR A VARIANCE MUST INCLUDE A WRITTEN RESPONSE TO EACH
OF THE FOLLOWING ITEMS IN ORDER TO CLEARLY ESTABLISH THE ~ FOR THE
VARIANCE, PLEASE ANSWER ALL ITEMS DIRECTLY ON THIS SHEET,
A, There are exceptional or extraordinary circumstances or conditions
applicable to the property involved, which do not apply generally
to other property in the same zoning district and neighborhood.
The subiect site is the only property in the
area that allows overnight lodging.
B, That such variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
Many of the lodgers are drivers of semi-trucks and trailers and
larae motor-homes, The larae vehicles park across several
parkina spaces that are striped for reqular or compact autos,
C.
That the granting of the variance will not be
detrimental to the public welfare or injurious to
improvements in the zoning district and neighborhood
property is located.
Moving the truck parking to the rear of the property
materially
property and
in which the
will improve
the traffic pattern throughout the entire site,
D, That the granting of such a variance will not be contrary to the
objectives of the Master Plan.
rTr""'?'\ c'V;,.-:::lI....;1""I.,., of the reauested variance the area shown on the
plot olan will be improved to Citv Standards for a parkina lot_
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SITE PLAN
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
HEARING DATE 5-16-89
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ATTACHMENT "E"
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LOCATION
VAR89-3
CASE
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%
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i
C'3A
...
~
lii
II:
...
~
i!
: l~re:
C3A C 3A
..
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Co(
@
N
'H", 1300'
INTERSTATE @
-.--
--
!
CoM
C-3A
lift I ....u
AGENDA
ITEM #
11
M-I
"0"
COM
"0"
C.M CoM CoM
C,M
C-3A
y
C-3A
RIDLAIIDI ~
,"_U ,