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HomeMy WebLinkAbout12- Development Services CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Michael E. Hays Subject: An appeal of a 90-day extension of time for Conditional Use Permit No. 97-17 & Variance No. 97-10A & B - A proposal to permit an impound Dept: Development Servic s vehicle storage yard and establish reduced side yard RIGINAL setbacks. The site is located at 206 S. "D° Street in the IL, Industrial Light land use district. Date: January 21, 1999 MCC Date: February 1, 1999 Synopsis of Previous Council Action: None JAN 21 7999 Recommended Motion: That the Mayor and Common Council close the public hearing; deny the appeal; and uphold the Planning Commission's decision to approve a 90 day extension of time for Conditional Use Permit No. 97-17 and Variance No. 97-10A &B, based on the Findings of Fact, subject to the Conditions of Approval and Standard Requirements. A Michael E. HJlys Contact person: Michael E. Hays Phone: 384-5357 Supporting data attached: Staff Report Ward(s): 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: Agenda Item No. i- a11191 CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF A 90 DAY EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 97-17 AND VARIANCE NO. 97-IOA& B Mayor and Common Council meeting of February 1, 1999 OWNER: APPELLANT: Michael& Brenda Allen John Jensen 206 South"D" Street Western Door San Bernardino, CA 92401 444 Athol Street (909)825-8545 San Bernardino, CA 92401 (909)889-6066 REQUEST/LOCATION: The appellant is appealing a 90 day extension of time granted by the Planning Commission for the above referenced project at its November 17, 1998 meeting. The applicants had requested the Extension of Time to complete the construction of the Phase I buildings and necessary improvements as required by the Conditions of Approval and Standard Requirements. The site is located at the southwest corner of Athol Street and "D" Street and is generally known as 206 South"D" Street. BACKGROUND: The Planning Commission originally approved CUP 97-17 and VAR 97-10 on October 21, 1997. The project was to permit an impound vehicle storage yard and to establish a zero foot south side yard setback and a 5 foot north side yard setback. The project is divided into two phases: Phase I includes construction of two storage buildings and necessary on-site improvements along the Athol Street frontage and Phase II includes construction of a third building with necessary on-site improvements adjacent to the southern property line. ISSUES: The appellant, John Jensen, has provided a 9 item list of his specific grounds for appeal (Exhibit 2). The issues (paraphrased) and staff s responses are listed below: Appeal Item 1: That the Planning Commission went against Staffs recommendation in granting Variance No. 97-1 OB and as such,the Allens were granted a special privilege. Response: Staff in its report, provides its professional recommendations, but the Planning Commission does not have to follow said recommendations. Staff believes that the Planning Commission did not grant a special privilege and that appropriate Findings of Fact were made. Appeal Item 2: Completion of Phase I was to be completed by October 21, 1998 and there was no provision for granting an extension of time until Phase II. Response: There was no restriction as to when an extension of time could be applied for. A single extension of time, up to 1 year in length, may be granted by the Planning Commission for an approved conditional use permit per the Development Code. The single, 90 day extension of time granted by the Planning Commission is the only extension of time that can be granted on this project. Appeal Item 3: Non-compliance with Conditions of Approval #6 & #7 at the time of the granting of the extension. Response: The extension of time allows an additional 90 days for the applicant to comply with all the conditions of approval and standard requirements that are mandated by project approval. Appeal Item 4: There is no practical way to enforce #6 which will lead to further complaints and devaluing of the appellant's property. Response: Compliance with Condition of Approval #6 does assume a good faith effort on the part of the applicants. Staff cannot predict that further complaints and devaluation of surrounding properties will result from this condition. Appeal Item 5: The Allen's long history of non-compliance should have caused the City to put in place high penalties to insure compliance. Response: There is no assurance that high penalties will insure compliance. Appeal Item 6: The City's lack of enforcement of code violations and agreements has caused devaluation of the appellant's business property. Response: Staff does not have the expertise to speculate on the devaluation of the appellant's property. Appeal Item 7: The City's lack of enforcement of code violations and agreements has caused problems with marketing appellant's business property. Response: Staff does not have the expertise to speculate on the marketability of the appellant's property. Appeal Item 8: The project as approved by Planning Staff and the Planning Commission creates an over-intensification of the property. There are not adequate provisions on site for parking and loading. Response: All requirements of the Development Code, except those specifically identified under the approved variances,have been met. Appeal Item 9: The Allen's future plans to create a multi-tenant center have not been taken into account and that over-intensification of the site will create a public nuisance. Response: Condition of Approval #15 requires that a conditional use permit be approved prior to leasing or establishing any other businesses in the proposed buildings. All Development Code requirements (parking, loading, etc.) pertaining to use of the site for multiple businesses will be evaluated through that process. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted 6 to 0 (Baeza, Durr, Hendrix, Lockett, Suarez & Thrasher) to recommend approval of a 90-day extension of time from October 21, 1998 to January 21, 1999, for Conditional Use Permit No. 97-17 and Variance No. 97-10 based upon the Findings of Fact, subject to the Conditions of Approval and Standard Requirements in the November 17, 1998 staff report(Exhibit 3). RECOMMENDATION: Staff recommends that the Mayor and Common Council deny the appeal and approve the 90-day extension of time for Conditional Use Permit No. 97-17 and Variance No. 97-10 based upon the Findings of Fact, subject to the Conditions of Approval and Standard Requirements in the November 17, 1998 staff report Prepared by: Margaret Park AICP, Senior Planner For: Michael Hays, Director of Development Services Exhibits: 1 - Location Map 2—Application for Appeal 3 —Statement of Official Planning Commission Action Attachments: A. November 17, 1998 Staff Report B. October 21, 1997 Staff Report CITY OF SAN BER LINO EXHIBIT 1 GENERAL PLAN LAND USE DESIGNATION Adopted 6-2-89 Date /-2l -97 °anei No. 15, E �R- 1 COUNTYI 1 G9T cTLR 'NNNN LRO! �C [M iRAI ` �e e eiir G n 5(-1 IC ' tr�ar A J IA ,� J_r9 ♦ ��� V V �' ' aiH ^ NIIIIIN r r ' I ' v� s / _ HI! i EXHIBIT 2 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT 300 North D'Street, 3rd Floor, San Bernardim, CA 92418 Phone (909)384-5057 Fat (37109)384-50910 APPLICATION FOR APPEAL OF A DIRECTOR DETERMINATION, DEVELOPMENT/ENVIRONMENTAL REVIEW COMMITTEE DETERMINATION OR PLANNING COMMISSION DETERMINATION Appellant's Name, Address & c_l 0 / ki // 4 - —.1 e V% s e rl Phone YVI A-I'ho ( Sfeee�' ,54A) .8aw, RcQ;nv, CA . %Z`401 Contact Person, Address & SAirle AS 26ow- Phone 6066 Pursuant to Section 19.52.100 of the Development (Municipal) Code, all appeal must be filed on a City application form within 15 days following the final date of action, accompanied by the appropriate fee. Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time. Date Appeal Filed 2 L `t 9 Received by 1M F P - --Receipt No. 19005109 Receipt Amount Zg, D [IMEDWIE UDC - 21998 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT Appeal Application Page 2 The following information must be completed: Specific action being appealed and date of that action C u F 22- 0 9- AeiAxl ce. 9X 104, t6 14x1easiOA3 Mf N7"eIP 13) / �AaJi�� < oMr�ssiy�l D.�1 /Jnye nke-< Qo i958, Specific grounds for the appeal AtIAr-[zmevt A 6 F G Action sought �Q Sew q " ,4tf��G�MEat Additional information �e S' re of Appell4nt Date December 1, 1998 ATTACHMENT "A" Re: Appeal of CUP 97-17 & Variance 97-10A & B (Aliens) Specific grounds for the appeal: 1. Planning Commission went against Planning Staffs "Findings of Fact" dated October 7, 1997 in granting Variance 97-10B. Allen's were granted "Special Privileges'. 2. Completion of Phase I was to be completed by October 21, 1998 and there was NO provision for granting of time extensions until Phase 11. Planning Commission voted to extend time extension for Phase 1. 3. Non-compliance of"Conditions of Approval" #6 and #7 at time of granting extension. 4. There is NO practical way code enforcement can enforce #6, which will lead to further complaints and devaluing of appellant's property located at 444 Athol Street. 5. Allen's long history of non-compliance and delays should have caused City of San Bernardino to put in place, high penalties to insure compliance by Allens. 6. City of San Bernardino's lack of enforcing code violations and agreements by Allen's has caused devaluation of appellant's business property located at 444 Athol Street. 7. City of San Bernardino's lack of enforcing code violations and agreements by Allen's has caused problems with marketing appellants business property at 444 Athol Street. 8. Project as submitted and approved by Planning Staff and Commission creates an "Over- intensification" usage of property. No provisions are in place for on-site loading and unloading zones to stop usage of public streets for business operation. On-site employee parking and circulation zones are inadequate and will promote usage of city streets. Allen's long history is to store repossessed vehicles in every available space, even if designated for employee parking. 9. Allen's have said at Planning Commission meetings that their future plans for this project is to create a multi-tenant park. The Allen's currently display four (4) individual addresses on existing buildings, with plans for at least two (2) more individual addresses for this project. On-site parking, ADA requirements and other codes for future multi-tenant usage have not been taken into account. Six (6) separate businesses at this location will create a public nuisance, over-intensification usage of property and special privilege. Action sought: 1. Deny granting of extension and revoke CUP 97-17 and Variance 97-10A & B. 2. Fine for non-compliance or force immediate compliance of "Conditions of Approval" #6 & #7. 3. Do not allow any outdoor storage of repossessed vehicles or goods. This will eliminate the problem with enforcing Condition #6 and #7. 4. Issue a "Stop Work Order" and require Allen's to obtain a Performance Bond, (Not a Letter of Credit) with substantial monetary penalties, before they can resume construction. 5. Review multi-tenant project code requirements and enforce changes for compliance. 6. Take strong action to "Put the Word Out" to the business community that non-compliance of codes and continued creation of blight will not be tolerated. It is time to take a stand in this action and begin the process to rebuild this once beautiful and proud city. e�RNARD�'y0 C I T Y O F an bernardino ND£D IN R A C H E L C L A R K C I T Y C L E R K rw November 17, 1998 Mr. John Jensen 444 Athol Street . San Bernardino, CA 92401 Dear Mr. Jensen: At the meeting of the Mayor and Common Council held on November 16, 1998, the following action was taken regarding your appeal of the Planning Commission' s approval of Conditional Use Permit No. 98-06 and Variance No. 98-02, relative to property located at 197 South "D" Street : "That the Mayor and Council deny the appeal and uphold the Planning Commission' s approval of Conditional Use Permit No. 98-06, to establish an outdoor vehicle impound yard and storage facility in an existing '11, 500 square foot manufacturing building based on the Findings of Fact and subject to the Conditions of Approval (Attachment D) and Standard Requirements (Attachment E) of the Planning Commission' s Staff Report dated July 7, 1998; that Variance No. 98-02, to reduce the 10-foot front and street side setbacks to five (5) feet and four (4) feet respectively, and the 10-foot interior side and rear setbacks based on the Findings of Fact and subject to the Conditions of Approval (Attachment D) and Standard Requirements (Attachment E) of the Planning Commission' s Staff Report dated July 7, 1998, be approved; and that the following variance requests, based on the Findings of Fact, be denied: 1) to reduce the front setback to accommodate the establishment of an outdoor vehicle impound yard; and 2) to increase the maximum fence and wall heights from six (6) to eight (8) feet along the "D" and Athol Street frontages. " P . 0. 0 Ox 1 9 1 5 . SA N B E N N A 0 D I N 0 . CA 9 9 9 0 9 0 0 0 NO R T H H ST R E E T S A N D E R N A R D I N O . C A L I F 0 RN I A 9 2 4 1 0 - 0 0 0 1 ( 9 0 9 ) 5 9 4 - 5 0 0 2 (f 0 9) O A A . 5 1 02 F A R - ( 9 0 9 ) 0 9 9 .5 1 0 9 T D 0,T T Y -(9 0 0 ) 0 9 9 -5 5 40 Mr. John Jensen Page 2 November 17, 1998 If we can be of further assistance, please do not hesitate to contact this office. Sincerely, Rach l G. Clark City Clerk cc : Michael Hays, Director of Development Services Brenda & Michael Allen, Applicant/Property Owner E Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 10-21-97 Page 13 ATTACHMENT E CONDITIONS OF APPROVAL Conditional Use Permit No. 97-17 & Variance No. 97-10A 1 Within two years of development approval, construction on improvements shall have been completed or the permit approval shall become null and void. th , then the permit/approval shall of construction, work is discontinued for a period of 6 months, become null and void. Phasing of project construction/development shall be as follows: Variance No. 97-10A Project: Conditional Use Permit No. 97-17 & Phase I: Within 4 months of development approval, building permits shall have been pulled or the permit/approval shall become null and void. Wt 12 months of development approval al permits) prior to issuance of buildings in Phase I shall be coin lel,be or the�installed(with appropriate v shall become null and void All required landscaping and fencing any Certificate of Occupancy. shall be installed f-r If Phase I buildings are not constructed, all required landscaping and fencing W within 4 months of development approval. Landscaping within required setbacks shall be consistent with Development Code Section e by the A O a ue Screen, Type Al. If either o U n of Pha 19.28.040(3)( A P 4 expiration date, CUP 97-17 & VAR 97-10 shall become null and voi pulled or 4 months of completion of Phase 1, building permits shall have been royal shall become null and void. Within 12 months of completion of Phase I, all Ph m Within the permit/app completed or the permit/approval shall become null and void. buildings in Phase II shall be comp shall be installed If Phase II buildings are not constructed, all required landscaping and fencing within 4 months of completion of Phase I. th Landscaping within required setbacks Ashalf eitherooptiontof Phasee Reis note completedsbytlthe 19.28.040(3)(A)[Opaque Screen, TYP ) shall become null and void. expiration date, CUP 97-17 & VAR 97-10 cation date and ma upon application being filed 30 days prior to the expiration The review authority shy 2. The review authority Y• P P revisions. for ood cause rant a one time e t ensure that the project complies with all current Development Code p C.. 3. Upon approval of CUP No. 97-17 and VAR No. 97-10, CDP 866 shall become null and void. ,I �I Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 10-21-97 Page 14 3 In the event that this approval is legally challenged, the City will promptly notify the applicant and hold harmless the City, its officers, agents and of any claim or action and will cooperate fully in the defense of the Of an Becrnarduioied,Tke r. applicant agrees to defend, indemnify• and hold against the City employees from any claim, action or p costs and attorneys' fees which the City may applicant further agrees to reimburse the City of any but such participation shall not relieve be required by a court to pay as a result of such action, applicant of his or her obligation under this condition. Commission, said 4. If a revised site plan is required as a condition of approval by the Planning Planning Staff no later than two weeks from the roved prior to issuance of building permits. revised site plan shall be submitted to City approval date and must be reviewed and app prior to plan check 5 A Pre-Application meeting with appropriate City Staff shall be required p submittal for each phase. eration of the existing auto/collateral prop of is to be used for the TEMPORARY STORAGE 6. This Conditional Use Permit is for the continue op he icle property repossessed motor vehicles. Any motor veh , other that those used in the transaction o repossession business. T all ossible. business, shall be "tamed over" as soon as is leg'ally P the Department of Motor required to be licensed by p shall f stored �\ Only vehicles, vessels or other property azd and outside Vehicles or a related agency, may be stored outside. All other collateral property (as described above) within an enclosed building. The facility is not to be used as a dismantling Y storage shall be limited to repossessed vehicles, vessels and other property in the process of being liquidated. g. Within 14 days of development approval, the telephone ringer shall be disconnected from the intercom system. fence, wall,with any electrified fence or razor wire by any lconjunction w lati n of the City, the q. The use of barbed wire, aired by Y roof, hedge, or by itself is prohibited unless required thereof. State of California, Federal Government, or agency line) in conjunction with is ermitted at the setback (not on the property fencing shall be 10. Chainlink fencing P required landscaping along Stoddard Street and Athol Street. A The e case file). installed as shown on Planning Commission Heazing chainlink fencing and chainlink gates on the property adjacent to the sidewalk on on Stoddard 11. The existing on the completion resent location until the completion of Phase I• Up Athol Street and the sidewalk on Stoddard Street north of the driveway approach Street may remain at the P ate shall be removed since it will be replaced with the ` of Phase 1, that existing fencing g and wrought iron gate(s)- appropriate building(s), block wall(s), wrought iron fencing Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 10-21-97 Page 15 The existing chainlink fencing and chainlink gate adjacent to the sidewalk on Stoddard Street and the south property line of the development may remain at the present location until the completion shall be removed since of Phase II. Upon the completion of Phase II, that existing fenrng/ ter n fencing and wrought it will be replaced with the appropriate building, block wall(s), wrought iron gate. 12. 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 moor 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. materials that do not altercorrcompromisenthe previously approved theme;land of finished d. A reduction in density or intensity of a development project. 13. 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 e deposit t the ore security shall guarantee the prior to the issuance of the Certificate, if necessary. P ocurity standards imposed it the performance and completion of all terms, conditions and performance intended use by this permit. 14. 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 design of fumes, vapors, gases and other forms of air pollution; glare street paroking and off-street�loading; and control; noise control; odor control; screening; signs, parking and, vibration control. Screening and sign regulations compliance are important considerations to the developer because exterior structural equipment, of a Occupancy until boxes, ducts o meter complied with. Any cabinets shall be architecturally screened hen on the ground�rcmral element, blending with the building design and include landscaping eF'RNARD�'y0 C I T Y O F p T an Bernardino �NaED tN,s� DEPARTMENT OF PLANNING AND BUILDING SERVICES M I C H A E L E . H A Y S D I R E C TO R December 17, 1996 Mr. Michael P. Allen P. 0. Box 5411 San Bernardino, CA 92412 RE: Conditional Development Permit (CDP) 866 208 S. I'D" Street APN 136-132-01, 25 Dear Mr. Allen: It has come to the attention of the City through a citizen complaint, that the operation of your business for the temporary storage of repossessed vehicles is not in compliance with several of the conditions of approval of CDP 866 . It is necessary to comply with all conditions of approval to prevent the possible revocation of the CDP by the Planning Commission. Revocation would result in the loss of your land use entitlement to operate your business at this site. The following is a list of the specific conditions with which the business is not in compliance. The original conditions of approval are attached for your reference. "2 . Final plan shall be in general compliance with the plot plan as submitted with the following exception: Fencing along both Stoddard Avenue and Athol Street shall be in accord with Ordinance 1991 requirements . " Those requirements are that the fence may be up to 8' in height . If the height is 8' , there shall be a 6' , landscaped setback area on street fronts . The approved plot plan shows this required setback landscaped area, however, none exists on-site. In addition, the "compound yard" shown on the approved plot plan has 72 striped, 91x19' parking stalls, 30' drive aisles, approximately 600 square feet of landscaping in 5 areas, and a refuse enclosure at the southeast corner of the yard. 0 0 0 N O R T H O ' S T R E E T , S A N B E R N A R D I N O , CALIFORNIA 9 2115 0001 (909) 191 .50711SO57- F A A (009( 151 .S050 Mr. Allen December 17, 1996 page 2 Site reviews on December 10 and 17, 1996 confirmed that these requirements of the plot plan have not been met and/or maintained. 116 . Landscaping shall be installed as shown including the six foot setback area along Athol Street and Stoddard Avenue if the fence is setback and erected to eight feet . Irrigation shall also be installed to insure proper landscape maintenance . Owner and/or operator shall be responsible for continuous landscape maintenance. " The fence is erected to the height of 8' , however, it appears to be located on the property line. There is no landscaping or irrigation. 118 . Refuse pickup area shall be screened from public view with a six foot screen wall . Enclosure and location of trash area shall be subject to the approval of the Refuse Superintendent . " It was impossible to observe the refuse enclosure (if one exists) due to the junked and abandoned cars and trucks located in the compound yard. 1110 . The parking areas shall be covered with 2" AC or equivalent . Parking spaces shall be striped including the area designated "compound yard" . " Again, due to the overcrowded compound yard, it is not certain whether or not the yard meets this requirement . It is estimated that there are approximately 150 cars and trucks stored in the yard. This is more than twice the number authorized (72 spaces) . Most of the cars appear to have been there for several years, (license tags observed expired as far back as 1982) . This long term storage is contrary to the "temporary" storage authorized by the CDP. "11. No outdoor storage of material or articles shall be permitted. " It is noted that a variety of these materials are scattered about the yard. There are stacks of old tires, a junked storage shed. a jacuzzi, and other assorted items visible from the streets . "12 . Hedges, shrubs and trees shall be in accord with Ordinance 1885 . " There were no visible hedges or trees in the compound yard, other than 3 junipers . Again, this is not in compliance with the approved plot plan. Mr. Allen December 17, 1996 page 3 "15 . Use shall be for that as stipulated by applicant in his application, an impound and storage facility for bank repossessions . " The application statement (copy attached) , states that "The property is to be used for TEMPORARY STORAGE of repossessed motor vehicles. . . . it is necessary to secure the units within a protected compound until . . . a decision is reached in regards to . . . disposition. This is usually accomplished within A FEW DAYS " (this emphasis added) . It is further stated that "ALSO, after the property is developed, the area will be maintained in a clean and organized manner. " The site visit clearly showed that vehicles have been there for a number of years, and that there is nothing clean or orderly about the site. YOU ARE HEREBY NOTIFIED THAT YOU HAVE UNTIL JANUARY 21, 1997 TO BRING THE BUSINESS INTO COMPLIANCE WITH THE ORIGINAL CONDITIONS OF APPROVAL. FAILURE TO DO SO WILL RESULT IN THE INITIATION OF THE REVOCATION PROCESS. Compliance includes, but is not limited to, removal of all vehicles and articles other than those vehicles that are in the temporary transition of repossession. This letter is sent as an attempt to notify you of the present issues of non compliance with CDP 866 . Any proceeding to consider the revocation of CDP 866 must be held by the Planning Commission at a hearing to revoke or modify CDP 866 as required by the City' s Development Code. Should you have questions regarding this letter, please contact Sandra Paulsen of this Department at (909) 384-5057. W. Ha Director, Planning and Building Services CC: Mayor Tom Minor Fred Wilson, Acting City Administrator Tim Sabo, Sabo and Green Joe Lease, Inspection Services Supervisor Mark Farrell, Code Compliance Operations Supervisor Files : CDP 866 and 208 South "D" Street CITY OF SAN BERNARDINO Department of Planning and Building Services Memorandum TO: Tim Sabo, Sabo and Green FROM: Margaret Park, Associate Planner RE: Chronology of events on Michael Allen project DATE: May 7, 1997 ��� )1 COPIES: Mike Hays, Director 4— - ' Valerie Ross, Principal Planner 208 S. "D" File This chronology is based on information in the high density file for 208 South "D" Street and the file for CDP #866. 1/6/78 Letter re: Minor Variance 2/2/78* Letter re: description of CDP project 2/13/78 Minor Variance application date 3/1/78 Initial Study checklist prepared, Negative Declaration recommended 3/18/78 Letter of objection from Frisone 3/20/78 Letter of objection from Pollock 4/18/78 Letter of objection from Martin Business Machines 4/18/78 Letter of objection from Di-Line Corp. 4/19/78 P.C. approval 5/1/78* M.C.C. approval 1978 Date unknown-written note of compliant about business 8 YEAR VOID 8/18/86* Memo to file from Planner Norton documenting that he was refused entry to the property by the owner. 1986 Date unknown-written note to file re: complaint 5 YEAR VOID 1990? Date unknown-Ross met with Allen, then item was pulled from BBC agenda 8/21/91* Letter to Allen from Al Williams re: compliance with Code and CDP 11/4/91 Note in Code Compliance file that Allens failed to respond to the correction notice (8/21/91 letter) 11/15/91 Notice of Pendency of Administrative Proceeding/Correction Notice-10 day compliance request 3/23/92* Letter to Allen from Boughey/Nolfo re: hearing date before BBC 3/24/92* Letter to BBC from Allen re: request for continuance 4/3/92 BBC: request for continuance denied, abatement costs imposed ($373) 4 YEAR VOID 6/11/96* Letter of complaint from Jensen 7/10/96* Memo to Donaghe/Paulsen from Ross re: status of Di-Line Bldg. 7/10/96* Memo to Ross from Donaghe re: applicant aware of requirement for DPI 12/17/96* Letter to Allen re: compliance with the CDP; states that site must be cleaned up by January 21, 1997. 1/21/97 No clean-up done at site. 2/6/97 Meeting with Allens, J. Thompson, S. Paulsen; Mr. Allen agrees to submit a Development Permit by March 8, 1997. 2/11/97* Memo to Hays re: summary of 2/6/97 meeting - DPH required in lieu of CDP conditions fulfillment 3/8/97 No Development Permit application submitted as agreed. 3/25/97* Letter to Allen from Hays re: revocation of CDP P3 e City of San Bernardino Reprinted: 12/02/98 16 : 19 Receipt Receipt Number: 98005109 Amount : 128 . 00 12/02/98 16 :18 Payment Method: 023308 Notation: WESTERN DOOR Init : MEP ---------------------------------------------------------------- Case: PL98055 Type: PL PLANNING CORRESPONDE Parcel No: 0136-132-010000 Site Address: 206 S D ST Location: SOUTH D ST & ATHOL STREET Total Fees : 128 . 00 This Payment 128 . 00 Total ALL Pmts : 128 . 00 Balance: . 00 Account Code Description Amount 001-000-4710 APPEAL TO MCC OR PC 128 . 00 ---------------------------------------------------------------- •°°'° EXHIBIT 3 r CITY OF SAN BERNARDINO t" STATEMENT' OF OFFICIAL PLANNING CONLvIISSION ACTION PROJECT Number: Conditional Use Permit No. 97-17 and Variance No. 97-10 (Extension of Time Request) Address: 206 South "D" Street Owner/Applicant: Michael and Brenda Allen Description: A request for a one-year extension of time from October 21, 1998 to October 21, 1999, to permit an impound vehicle storage yard (vehicle repossession) in the IL, Industrial Light, land use district; and a variance to establish a 0 foot south side yard setback and a 5 foot north side yard setback. The site is located at the southwest comer of Athol and "D" Streets. The extension of time is being requested to complete the - construction of the Phase I buildings as required by the Conditions of Approval. ACTION: APPROVED, AS AINIENDED Meeting Date: November 17, 1998 The Planning Commission approved a 90-day extension of time from October 21, 1998 to January 21, 1999, for Conditional Use Permit No. 97-17 and Variance No. 97-10, based on the Findings of Fact and subject to the previously approved Conditions of Approval and Standard Requirements (Attachment "C"). VOTE Ayes: Baeza, Durr, Hendrix, Lockett, Suarez and Thrasher Nays: None Abstain: None Absent: Enciso, Garcia and Schuiling The decision of the Planning Commission is final unless a written appeal is filed, with the appropriate fee, within 15 days of the Planning Commission's action, pursuant to Section 19.52.100 of the Municipal (Development) Code. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of San Bernardino. Pa-.G--._ 11 • l 1 . 9$ Margaret . Park, Senior Planner Date Enclosures Cc: Owner/Applicant, Plan Check, Public Works/Engineering, Case Files, Department File, Address File ATTACHMENT A SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: CONDITIONAL USE PERMIT NO. 97-17 & VARIANCE NO. 97-10 (EXTENSION OF TIME REQUEST) AGENDAITEM: 3 HEARING DATE: NOVEMBER 17, 1998 WARD: 3 APPLICANT/OWNER: Michael & Brenda Allen 206 S. "D° Street San Bernardino, CA 92401 REQUEST/LOCATION: The applicant requests a one-year extension of time from October 21, 1998 to October 21, 1999 to construct additional buildings for an existing auto repossession business. The site is located at the southwest comer of Athol Street and "D" Street in the IL, Industrial Light land use district. CONSTRAINTS/OVERLAYS: Subsidence/Liquefaction ENVIRONMENTAL FINDINGS: ❑ Not Applicable ■ Exempt, Section 15301 (e)(2) • No Significant Effects • Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: • Approval • Conditions o Denial ❑ Continuance to: conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 11-17-98 Page 2 of 3 REQUEST AND LOCATION Under the authority of Development Code Section 19.08.020(16), the applicant requests approval of a one year Extension Of Time from October 21, 1998 to October 21, 1999 for Conditional Use Permit No. 97-17 and Variance No. 97-10, an application to construct additional buildings for an existing auto repossession business. The Extension of Time is being requested to complete the construction of the Phase I buildings as required by the Conditions of Approval. The site is located at the southwest comer of Athol Street and "D" Street and is generally known as 206 South "D" Street. BACKGROUND/PROJECT STATUS This project was first approved by the Planning Commission on October 21, 1997. The original staff report (Attachment C) addressed all the issues raised as part of the original approval process. There are no changes requested as part this approval. The applicants have a valid building permit in effect until January 29, 1999. They have made progress on the structures, however, the construction was not completed by October 21, 1998 as required by Condition of Approval No. 1. Condition of Approval No. 2 allows the applicants to apply for a single one year extension of time. Approval of the Extension of Time will permit the completion of the buildings under the building permit. Denial of the Extension of Time will void CUP 97-17 & VAR 97-10. Further, Condition of Approval No. 3 required that the previous CDP for this site (CDP 866) be null and void upon approval of this CUP. Therefore denial will eliminate any land use entitlement on this site for the applicants. It should be noted that the Development Code only allows a single one-year extension of time, therefore no other extensions of time can be requested. In addition, all standard requirements and conditions of approval as originally approved must be completed. CONCLUSION The conditional use permit and variance are consistent with the General Plan and are in conformance with all applicable Development Code Standards. The applicants have pulled a building permit and have made substantial progress on the construction of the proposed buildings. Staff believes that this show of "good faith effort" supports the applicants' request for this extension of time. RECOMMENDATION Staff recommends that the Planning Commission approve the request for a one-year extension of time from October 21, 1998 to October 21, 1999 for Conditional Use Permit No. 97-17 and Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 11-17-98 Page 3 of 3 Variance No. 97-10 based on the Findings of Fact and subject to the previously approved Conditions of Approval and Standard Requirements. (Attachment "C"). Respectfull Submitted, ' V MICHAEL E. HAY Director of Development Services P.� MARGARET PARK, AICP Senior Planner ATTACHMENTS: A. Location Map B. Site Plan C. Original Staff Report with Findings of Fact, Conditions of Approval and Standard Requirements CffY OF SAN BER JINO 'A„ GENERAL PLAN LAND USE DESIGNATION Adopted 6-2.89 Date %-21 -97 Panel No. -- �R- IT 7 u eOURTY I 1 ♦lROS �CCM TR1l CITY G J IA Ur I 1 I T � � 1 I 1 r lJ.. , 1 o :� _ blip , - u �321 „gf{ 12 I --- ' - { I i .S •j i s5i { � a EE 1a 9 1 r S FPS I { i I3 I I � ! I N t 4 f ; ; CO.d M.,n I ' � l - - • ! � i a� XLIF ATTACHMENT B „c„ SUMMARY CITY OF SAN BERNARDINO PLANNING DMSION CASE: Conditional Use Permit No. 97-17 & Variance No. 97-10 (REVISED REPORT) AGENDA ITEM: 2 HEARING DATE: October 21, 1997 WARD: 3 APPLICANT/OWNER: ENGINEER: Michael & Brenda Allen Toomey & Associates 206 S. "D" Street 34590 County Line Rd., #5 San Bernardino, CA 92401 Yucaipa, CA 92399 ------------------- — — REQUEST / LOCATION The applicant requests approval of a Conditional Use Permit under authority of Development Code Section 19.08.020(16) to construct additional buildings for an existing auto repossession business. Two 2,105 square foot auto storage buildings are proposed for Phase I; a 4,800 square foot covered parking building is proposed for Phase II; Also requested is a reduction in the north side yard setback and the south side yard setback from 10 feet to 5 feet. The property is a 38,200 square foot site in the IL, Industrial Light land use district. --------------------- CONSTRAINTS/OVERLAYS Subsidence/Liquefaction - --- - ---- - ---- ------- ----- ENVIRONMENTAL FINDL;GS ❑ Not Applicable ■ Exempt, Section 15301(e)(2) ❑ No Significant Effects ❑ Potential Effects ------------------------------- STAFF RECOMMENDATION: ■ APPROVAL ■ CONDITIONS ❑ DENIAL ❑ CONTINUANCE TO: Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 10-21-97 Page 2 REQUEST AND LOCATION The applicant requests approval of a Conditional Use Permit under authority of Development Code Section 19.08.020(16) to construct additional buildings for an existing auto repossession business. Also requested is a reduction in the north side yard setback to 5' and the south side yard setback from 10 feet to 0 feet. The property is a 38,200 square foot site in the IL, Industrial Light land use district. PROJECT DESCRIPTION This project is an outgrowth of a previous Conditional Development Permit (CDP 866) approved in 1979 which established this use, an auto repossession business, at this location. Although conditions of approval were placed on the original CDP, they were never completed. The resolution to the issues that resulted from non-compliance with CDP 866 and from neighborhood complaints was to submit a revised CUP with all future development shown. A 4,800 square foot covered parking building is proposed for Phase I; a 2,105 square foot auto storage building is proposed for Phase II; and a 2,105 square foot auto storage building is proposed for Phase III. No additional uses are proposed for the site and no additional parcels will be used for the business. SETTING/SITE CHARACTERISTICS The site, which is flat, is located at the south west corner of the intersection of Athol Street and South D Street. The property consists of two parcels which also have frontage on Stoddard Street. Existing customer and primary access to the yard is from South D Street. Additional existing access is also provided from gates on Athol and Stoddard Streets. To the south is a vacant parcel, to the north, west and east are existing industrial/commercial businesses. BACKGROUND The project was reviewed by the Development Review Committee on July 31, 1997 and cleared onto Planning Commission on August 28, 1997. The Public Works Department, Development Services Division, Fire Department, Water Department, and Parks, Recreation and Community Services have all provided Standard Requirement for this proposal. This project was originally scheduled for public hearing on October 7, 1997 and was continued, at the request of the applicant to the October 21, 1997 meeting. FINDINGS AND ANALYSIS CONDITIONAL USE PERMIT Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 10-21-97 Page 3 1. The proposed use is conditionally permitted within, and would not impair the integrity and character of the of the subject land use district and complies with all of the applicable provisions of this Development Code. Pursuant to Development Code Section 19.08.020(16), auto impound storage yards are permitted in the IL land use district subject to the approval of a conditional use permit. The proposed project complies with all applicable provisions of the Development Code as shown in Attachment C, except for those areas that are requested to be modified under Variance No. 97-10. Numerous complaints have been received over the years regarding the visibility of the vehicle impound yard and its perceived impact on surrounding businesses. Proposed Condition of Approval Nl requires the construction of fencing and screening landscaping on Athol and Stoddard Streets and an 8' block wall along the south property line. With these improvements, the auto storage area will be screened from public view, with some vehicles stored in the proposed buildings. Further, other complaints were received regarding the business's telephone ringer broadcast through an outdoor loudspeaker, creating noise that carries throughout the neighborhood. Condition of Approval N8 requires that the telephone ringer be disconnected from the loudspeaker within 14 days of approval of this project. Staff had concerns that material (other than licensed vehicles) was stored outside. The applicant has agreed to Condition of Approval #7 which permits only licensed vehicles to be stored outside. Condition of Approval #6 re-affirms that this business is for the temporary storage of repossessed vehicles and other collateral items and that this location can not become a salvage and wrecking (dismantling) yard. 2. The proposed use is consistent with the General Plan. The proposal is consistent with General Plan Objective 1.32, which states: "Retain, enhance, and intensify existing and provide for the new development of light industrial uses along major vehicular... routes serving the City of San Bernardino. The applicant's business has been at this location for 17 years and this application was submitted so that they could enhance their business so they could remain at this location. 3. The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. As noted on the Summary page, this project is exempt from CEQA review as Categorical Exemption Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 10-21-97 Page J 15301 (e)(2). This Class 1 exemption exempts the additional buildings because the site is located in an area where all public services and facilities are available and the area is not environmentally sensitive. Staff understands that the telephone hook-up to the outside loudspeaker has created excessive noise, however the use of the property as an auto impound yard does not, in and of itself, create excessive, continuous noise impacts to sensitive receptors. Regardless, Staff has added Condition of Approval #8 which prohibits the telephone from being rung over the outside loudspeaker. 4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. As noted on the Summary page and in Finding #3, this project is exempt from CEQA review as Categorical Exemption 15301 (e)(2). S. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not 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 proposal is in compliance with all applicable Development Code Standards and is consistent with the General Plan as noted elsewhere in this staff report. The proposal will not create any significant noise, traffic, or other conditions or situations that may be objectionable because the use is existing and will not be expanded to additional parcels. As such the proposal will not be detrimental to other permitted uses in the vicinity and will not create any situation adverse to the public interest, health, safety, convenience or welfare of the City. Conditions of Approval have been added to insure that the use will be compatible with surrounding businesses. 6. The subject site is pksically suitable for the type and density/intensity of use being proposed. The site is physically suitable for the type and density/intensity of the project being proposed as evidenced by project compliance with all applicable Development Code Standards as noted above. 7. There are 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. All agencies responsible for reviewing access, and providing water, sanitation and other public services have all had the opportunity to review the proposal, and none have indicated an inability to serve the project.The project involves the construction of new storage buildings for vehicles and will not permit expansion of the use to other properties. The proposal will not be detrimental to the public health and safety in that all applicable Codes will apply to the construction of this project. VARIANCE 97-10A - A request to reduce the south property line setback from 10' to 0' feet. Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 10-21-97 Page 5 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification. The south property line abuts a vacant lot and an existing storage building is set on that property line. A storage building already exists at the property line and is not adjacent to a public street, or another building on the other lot. 2. That granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Variance is sought. Other industrial properties have been permitted to reduce the setback for buildings along those property lines that are not adjacent to public streets or rights of way. It will permit the applicant to provide covered storage for repossessed vehicles and will not allow an increased number of vehicles to be stored since the existing site has no setback at that property line. 3. That granting the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located. The buildings at the south property line back onto a vacant lot and do not restrict access to the property nor do they create a hazardous design. Eliminating the setback will allow the project to be designed in the most safe and effective manner for this type of use. Deleting the 10' setback, eliminates a setback which would not be visible to the public and which may provide opportunity to individuals to enter the property unseen. 4. That granting the Variance would not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located. The use as proposed meets all required standards for an auto impound yard and is not inconsistent with the Development Code as a result of this variance as shown in previous discussions in this staff report. Other properties in the IL land use district have beer- permitted to reduce rear and side setbacks when appropriate and have been permitted to locate storage buildings at the property line where necessary for an efficient site design. 5. That granting the Variance would not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel. An auto impound storage yard is allowed with approval of a CUP and no additional unpermitted land Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 10-21-97 Page 6 uses will be allowed or are considered as part of this project. Condition of Approval #13 requires a revised CUP if either Building A or B is to be used for any other business. 6. That granting the Variance will be consistent with the General Plan. A auto impound storage yard is allowed with approval of a CUP and no additional impermitted land uses will be allowed or are considered as a result of this variance, consistent with General Plan Objective 1.32. VARIANCE 97-10B - A request to reduce the north side yard setback from 10' to 5'. 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Development Code deprives such properr of privileges enjoyed by other property in the vicinity and under identical land use district classification. The north property line fronts Athol Street and the existing office building is located 5' from the property line. With the reduction of the south property line setback to 0', there would be adequate room to set the two buildings along Athol back 10'. The property is wide enough to accommodate the buildings and the necessary setbacks, therefore Variance #2 cannot be supported. 2. That granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the properr,for which the Variance is sought. Maintaining a 10' setback will not prevent the applicants from operating their business. A 10' setback will still permit the storage of vehicles and the construction of the two buildings along Athol Street. Other buildings constructed in the area were subject to the requirements in force at the time of their construction. 3. That granting the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located. Eliminating the north side setback will remove needed driveway depth between the right of way and the proposed buildings. The applicant has expressed an interest in leasing out the two buildings along Athol Street at some point in the future. A reduction in the setback will make it difficult to meet all development requirements for off-street parking and landscaping. 4. That granting the Variance would not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located. Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 10-21-97 Page 7 The requested variance would reduce the setback in order to construct buildings in an arrangement preferred by the applicant, but does not create a better design. There is adequate room to set the buildings back 10' from the street and still provide a large, easily accessible area for vehicle storage. 5. That granting the Variance would not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel. An auto impound storage yard is allowed with approval of a CUP and no additional unpermitted land uses will be allowed or are considered as part of this project. 6. That granting the Variance will be consistent with the General Plan. An auto impound storage yard is allowed with approval of a CUP and no additional unpermitted land uses will be allowed or are considered as a result of this variance, consistent with General Plan Objective 1.32. CONCLUSION The proposal meets all necessary Findings of Fact for approval of the Conditional Use Permit and Variance #97-10A. Variance #97-10B does not meet all the necessary Findings of Fact for approval. RECOMMENDATION Staff recommends the Planning Commission: 1. Approve Conditional Use Permit No. 97-17 and Variance No. 97-10A, based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval (Attachment E) and Standard Requirements (Attachment F). 2. Deny Variance No. 97-10B, based upon the Findings of Fact contained in this Staff Report. Respectfully Submitted, Michael . Hays Director of Planning and Building Services j l<a. Margaret Park, AICP Senior Planner Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 10-21-97 Page 8 Attachment A Location Map Attachment B Site Plan Attachment C Development Code and General Plan Consistency Table Attachment D Applicant's Findings of Fact Attachment E Conditions of Approval Attachment F Standard Requirements "Cis Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 10.21-97 Page 11 DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE Development General Cateeory Pr000sal Code Plan Permitted Use Auto Impound Permitted subject to Permitted Storage Yard Conditional Use Permit Height 1 Story 2 stories 2 stories (14 feet) or 50 feet or 50 feet Setbacks Front 5 feet 10 feet < 25 feet Street Side` 5 feet 10 feet < 25 feet Side= 0 feet 10 feet Rear 10 feet 10 feet Landscaping 4662 square feet 4662 square feet N/A (15 percent) (15 percent) Lot Coverage 14 percent 75 percent N/A Variance 10B for this setback is not supported by Staff. Variance l0A for this setback is supported by Staff. "D11 Variance Findings M. P. Allen Auto Impound Facility July 2, 1997 City of San Bernardino Planning Division Project Owner/Applicant: ivfichael&Brenda Allen Project Description: Building Addition to Existing Facility Planning Applications: Conditional Use Permit (Building Expansion) Variance (Required Setback) SUMMARY The applicant is proposing to add three new auto storage buildings on the existing auto impound site located on the southwest comer of`D' Street and Athol Street. The site is 38.200 square feet in area (0.876 ac.) with general dimensions of 267.5 feet wide and 142.8 feet deep. The proposed buildings are generally located at the west end of the parcel. adjacent to the north and south property lines. The two existing buildings total 5.258 square feet and parking and landscaping is provided on the balance of the site. The site is within the Light Industrial Land Use District and is required to have a 10 foot front setback for buildings and parking. Given the amount of site area needed in truck maneuvering and storage uses, and the design requirements for the new buildings, an encroachment into the required front yard is necessary. Therefore, due to the physical characteristics of the site and the operational requirements of the business, a Variance is requested for the reduction of the front setback along a portion of the north property line. Therefore, the items listed below make up the Variance application: Variance Request: Reduce front yard building setback as required in Development Code Section 19.08.030(.1): Front- I0'required; S'proposed. Variance Findings Allen CUP VARIANCE FINDINGS A. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification; The project site has a Land Use designation of IL and is located on the southwest corner of 'D' Street and Athol Street. The site is bounded on the west by Stoddard Street. The property adjacent on the south is also designated IL and is currently vacant. With three sides of the site bounded by public streets, where front and side street yard setbacks are required, there would be special circumstances applicable to the property. In addition, there are limitations created by site design. To satisfy site operational needs Building 'A' must be a minimum of 50 feet deep and the drive aisles must accommodate the tow-truck maneuvering for building access. Buildings 'B' and 'C' have been reduced in size to 2,105 square feet and are as small as operationally permitted. Any further reduction in the building or drive aisles would impact the site circulation and facility operations. There are examples of light industrial buildings in the immediate vicinity and same land use that have been located within 5 feet of the property line. The first is a similar building located directly across 'D' with a 5 foot setback provided on Athol Street; the second is the subject site itself. The existing office/storage building is situated 5 feet from Athol Street and 10 feet from 'D' Street. Although it is most likely that these buildings were constructed prior to the adoption of the current City Development Code, these properties provide examples of the relative minor impact to adjacent properties caused by the setback reduction. I Variance Fmdmgs Allen CLIP B. That granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Variance is sought; It is the development standards of the district, not a particular land use, to which the Variance request is related. The new buildings proposed are to be use to house vehicles that are currently stored outside, which will improve an existing, successful business. C. That granting the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located; The architecture of the new buildings is compatible with the existing structures and other buildings in the area. Although the front setback is 50% of the required distance, the amount of landscaping provided on the site exceeds the minimum amount. Total landscaping (proposed and existing) amount to 4,181 square feet, which is 27% of the parking and circulation area. The Development Code requires the percentage of landscaping in the parking area to be 15%. The site also meets the required rear and side yard setback standards. The reduction in the setback does not permit parking or building construction in excess of what is permitted by the IL land use district. D. That granting the Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located; The reduction in the front yard setback is the minimum necessary to meet the operational requirements of the auto impound facility. In addition, where a new, similar business is proposed and given the size of the parcels in the immediate area vicinity, other properties are subject to similar constraints and would need the same remedy to achieve a viable development under the current standards. 2 "E" Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 10-21-97 Page 13 CONDITIONS OF APPROVAL Conditional Use Permit No. 97-17 & Variance No. 97-10A 1. Within two years of development approval, construction on improvements shall have been completed or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of 6 months, then the permit/approval shall become null and void. Phasing of project construction/development shall be as follows: Project: Conditional Use Permit No. 97-17 & Variance No. 97-10A Phase I: Within 4 months of development approval, building permits shall have been pulled or the permit/approval shall become null and void. Within 12 months of development approval, all buildings in Phase I shall be completed or the permit/approval shall become null and void. All required landscaping and fencing shall be installed (with appropriate permits) prior to issuance of any Certificate of Occupancy. If Phase I buildings are not constructed, all required landscaping and fencing shall be installed within 4 months of development approval. Landscaping within required setbacks shall be consistent with Development Code Section 19.28.040(3)(A)[Opaque Screen, Type A]. If either option of Phase I is not completed by the expiration date. CUP 97-17 & VAR 97-10 shall become null and void. Phase II: Within 4 months of completion of Phase I, building permits shall have been pulled or the permit/approval shall become null and void. Within 12 months of completion of Phase 1, all buildings in Phase II shall be completed or the permit/approval shall become null and void. If Phase II buildings are not constructed, all required landscaping and fencing shall be installed within 4 months of completion of Phase I. Landscaping within required setbacks shall be consistent with Development Code Section 19.28.040(3)(A)[Opaque Screen, Type A]. If either option of Phase II is not completed by the expiration date, CUP 97-17 & VAR 97-10 shall become null and void. 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. Upon approval of CUP No. 97-17 and VAR No. 97-10, CDP 866 shall become null and void. Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 10-21-97 Page 14 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action or proceeding against the City of San Bernardino. 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. If a revised site plan is required as a condition of approval by the Planning Commission, said revised site plan shall be submitted to City Planning Staff no later than two weeks from the approval date and must be reviewed and approved prior to issuance of building permits. 5. A Pre-Application meeting with appropriate City Staff shall be required prior to plan check submittal for each phase. 6. This Conditional Use Permit is for the continued operation of the existing auto/collateral property repossession business. The property is to be used for the TEMPORARY STORAGE of repossessed motor vehicles. Any motor vehicle, other that those used in the transaction of business, shall be "turned over" as soon as is legally possible. 7. Only vehicles, vessels or other property required to be licensed by the Department of Motor Vehicles or a related agency, may be stored outside. All other collateral property shall be stored within an enclosed building. The facility is not to be used as a dismantling yard and outside storage shall be limited to repossessed vehicles, vessels and other property (as described above) in the process of being liquidated. 8. Within 14 days of development approval, the telephone ringer shall be disconnected from the intercom system. 9. The use of barbed wire, electrified fence or razor wire fence in conjunction with any fence, wall, roof, hedge, or by itself is prohibited unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. 10. Chainlink fencing is permitted at the setback (not on the property line) in conjunction with required landscaping along Stoddard Street and Athol Street. The chainlink fencing shall be installed as shown on Planning Commission Hearing Exhibit A (see case file). 11. The existing chainlink fencing and chainlink gates on the property adjacent to the sidewalk on Athol Street and the sidewalk on Stoddard Street north of the driveway approach on Stoddard Street may remain at the present location until the completion of Phase I. Upon the completion of Phase I, that existing fencing/gate shall be removed since it will be replaced with the appropriate building(s), block wall(s), wrought iron fencing and wrought iron gate(s). t Conditional Use Permit No. 97-17 Variance No. 97-10 Hearing Date: 10-21-97 Page ti The existing chainlink fencing and chainlink gate adjacent to the sidewalk on Stoddard Street and the south property line of the development may remain at the present location until the completion of Phase II. Upon the completion of Phase II, that existing fencing/gate shall be removed since it will be replaced with the appropriate building, block wall(s), wrought iron fencing and wrought iron gate. 12. 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: 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. 13. 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. 14. 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 are 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. Conditional Use Pemit No. 97-17 Variance No. 97-10 Hearing Date: 10-21-97 Page 16 15. Prior to leasing or use of either or both Phase I buildings for any other business, a revised Conditional Use Permit shall be required to be submitted, reviewed and approved for the installation of any and/or all of the following (including, but not limited to): fencing, wall or barrier dividing the property; the 3' landscape setbacks around Building A and Building B; and trash enclosures that serve those buildings. 16. All new parking spaces needed to conform to Development Code requirements for any phase (except those parking spaces that exist as of 10/21/97), shall be a minimum size of 9'x19'. 17. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Public Works (Engineering) Department b. Building Services Division of the Planning and Building Services Department c. Water Department d. Fire Department e. Parks and Recreation Department nFn STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE N0. CUP 97-17 CITY ENGINEER DESCRIPTION: 3PHASEEXPANSION HEARING DATE TO EXIST AUTO REPO BUSINESS AGENDA ITEM LOCATION: W/S "D"STREET S/S ATHOL ST PAGE NO: ♦ NOTE TO APPLICANT., Where separate Engineering plans are required, the applicant is responsible for submitting the Engineering plans directly to the Engineering Division. They may be submitted prior to submittal of Building Plans. 1. Drainage and Flood Control a) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. b) Applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. c) The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. Grading and Landscaping a) If more than 1' of fill or 2' of cut is proposed, the site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. Page 1 of 6 Pages 911597 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 97-17 CITY ENGINEER DESCRIPTION: 3PHASEEXPANSION HEARING DATE TO EXIST AUTO REPO BUSINESS AGENDA ITEM LOCATION: W/S "D"STREET S/S ATHOL ST PAGE NO: b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Planning and Building Services prior to issuance of any grading or site development permits. C) If more than 5,000 cubic yards of earthwork is proposed, a grading bond will be required and the grading shall be supervised in accordance with Section 7012(c) of the Uniform Building Code. d) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). e) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the On-site Improvement Plan. This work shall be part of the On-site Improvement permit issued by the Department of Public Works/City Engineer. f) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design, conduit location and size, and the number and size of conductors. Photometry calculations shall be provided which show that the proposed on-site lighting design will meet the intensity and distribution criteria specified by the City Police Department. g) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to handicap parking and accessibility, including retrofitting of existing building access points for handicap accessibility, if applicable. Page 2 of 6 Pages 9/1597 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 97-17 CITY ENGINEER DESCRIPTION: 3 PHASE EXPANSION HEARING DATE TO EXIST AUTO REPO BUSINESS AGENDA ITEM LOCATION: W/S "D"STREET S/S ATHOL ST PAGE NO: h) A reciprocal easement shall be recorded prior to grading plan approval if reciprocal drainage, access, sewer, and/or parking is proposed to cross lot lines, or a lot merger shall be recorded to remove the interior lot lines. i) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. j) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The Real Property Section for execution by the property owner and shall ensure that , if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount of $200.00 shall be paid to the Real Property Section to cover processing costs. This easement and covenant shall be executed by the property owner prior to plan approval unless otherwise allowed by the Director of Public Works/City Engineer. 3. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) Each parcel shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. Page 3 of 6 Pages 9/1597 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 97-17 CITY ENGINEER DESCRIPTION: 3 PHASE EXPANSION HEARING DATE TO EXIST AUTO REPO BUSINESS AGENDA ITEM LOCATION: W/S V"STREET S/S ATHOL ST PAGE NO: C) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. Sewer systems shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. d) Utility services shall be placed underground and easements provided as required. e) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non- subdivisions) or Section 19.30.110 (subdivisions). 4. Street Improvement a) Construct Handicap Ramps in accordance with City Standard No. 205 at all curb returns within and adjacent to the project site. Dedicate sufficient right-of-way at the corner to accommodate the ramp. b) New Driveway Approaches shall be constructed in accordance with City Standard No. 204, Type ll, including Handicap by-pass. Existing driveway approaches shall be modified to conform to City Standard No. 204, Type II. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. 5. Required Engineering Permits a) Grading permit (If applicable.). Page 4 or 6 Pages 911597 STANDARD REQUEREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 97-17 CITY ENGINEER DESCRIPTION: 3 PHASE EXPANSION HEARING DATE TO EXIST AUTO REPO BUSINESS AGENDA ITEM LOCATION: W/S "D"STREET S/S ATHOL ST PAGE NO: b) On-site improvements construction permit (except buildings - see Planning and Building Services), including landscaping. C) Off-site improvements construction permit. 6. Applicable Engineering Fees' a) Plan check and inspection fees for off-site improvements - 4% and 4%, respectively, of the estimated construction cose of the off-site improvements. b) Plan check and inspection fees for on-site improvements (except buildings - See Planning and Building Services) - 2% and 3%, respectively, of the estimated construction cost' of the on-site improvements, including landscaping. c) Plan check and inspection fees for grading (If permit required) - Fee Schedule available at the Engineering Division Counter. d) Drainage fee in the approximate amounts of: i) Phase I — $3,400.00 AM Fees am subject to change without notice. 'Estimated Construction Cost for ON-Site Improvements is based on a list of standard unit prices on rile with the Department of Public Works/City Engineer. 'Estimated Construction Cost for On-Site Improvements is based on a list of standard unit prices on rile with the Department of Public Works/City Engineer. Page 5 of 6 Pages 9/1597 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 97-17 CITY ENGINEER DESCRIPTION: 3 PHASE EXPANSION HEARING DATE TO EXIST AUTO REPO BUSINESS AGENDA ITEM LOCATION: W/S "D"STREET S/S ATHOL ST PAGE NO: ii) Phase II - $1,700.00 iii) Phase III - $1,700.00 e) Traffic system fee in the estimated amounts of: i) Phase I - $377.93 ii) Phase II - $165.73 iii) Phase III - $165.73 f) Sewer Connection fee in the approximate amounts of: i) Phase I - $458.30 ii) Phase II - $229.15 iii) Phase III - $229.15 g) Sewer inspection fee in the amount of$19.32 per connection. h) Street or easement dedication processing fees in the amount of 200.00 per document. Page 6 of 6 Pages 911597 CITY OF SAN BERNARDINO STANDARD REQUIREMENTS Case No.: CUP 97-n&VAR 97-10 Hearing Date: October 7, 1997 DEVELOPMENT SERVICES DIVISION Page 1 1. Submit plans prepared by a Registered Building Architect or Civil or Structural Engineer. 2. Submit a complete lateral and structural analysis prepared by a Registered Civil or Structural Engineer or Architect. 3. Submit floor plan of existing structure. Label all uses and existing materials of construction. 4. Submit four (4) complete sets of construction plans including: (Five (5) complete sets for expeditious review). a. Copy of conditions. (3) b. Soils and/or liquefaction report. (3) C. Structural calculation. (3) 5. Submit panel schedule(s) and electrical plans. 6. Submit a plan of the heating, ventilating or air conditioning system. (Clearly identify the location and rating of the equipment and the sizes and material of all ducts, registers and the location of all fire dampers.) Show means of providing mechanical ventilation as required by the Uniform Building Code. 7. Provide a plot plan showing the location of the proposed sewer system. 8. Show compliance with Title 24 for disabled access. 9. City of San Bernardino named as certificate holder for Worker's Compensation Insurance. 10. Assessor's Parcel Number. 136-132-01,25 11. Contractor's City license. 12. Contractor's State license. 13. Sewer capacity rights from Water Department, 384-5093. CITY OF SAN BERNARDINO STANDARD REQUIREMENTS Hearing.: cup 97-n&VAR 97-10 e DEVELOPMENT SERVICES DIVISION pg 2 Date: October 7, 1997 14. Waste water permit required, from Water Reclamation Plant, 384-5507. 15. School fees from Unified School District, 381-1179. 16. Other: Plan Check time is approximately 5 weeks Expeditious Plan Check time is approximately 10 working days. Contact Development Services at (909) 384-5071 for possible expeditious plan check. 17. Plan Check fees required for development. If project is to be phased, Plan Check fees are to be paid at each phase. Additional 25% Plan Check fee required for expeditious review. 18. Contact Development Services for Plan Check fee cost prior to submittal. tAPrl 12 Qp•/32' o/ 2� -1140" W2e5 &C ix SAN BERNARDINO NfUNICEPAL WATER DEPARTMENT STANDARD REQUIREMENTS 7 Review of Plans: CLb 97--/7 ✓Akr 97-/0 Date Compiled: / - —�f /� t Owner/Developer: MICdAGL k OKE � Compile! By: Pa/ LETSp,) Type of Project: AD/�A�, afr�rl a.lJ aJ(�s T-" AV 6XI STi.JG Leius/�yYumber of Units: Location: 5 by CQOAJNC QE "L�V e 47VV1, � r5 WATER DEPARTMENT A EN .INEE IN .: Q Contact: DILL [ ner 594 LW Phone: E 3g� Fax: JW4 7jZ Note: All Water Services are Subject to the Rules& Regulations of the Water Department. /.! / L SiaJi Size of Main Adjacent the Projxr. � C Approximate Water Pressure:too evanon of Water Stowage: /2 Hydrant Flow®20 psi: C Type. Size, Location, and Distance to Nearest Fire Hydrate: 4'/6 w& CA/ AAd ea<,19 A—JYCL¢ "I�t�A - to" ZLA-!;� oa� t-la C&416e A714oL 4-V Pressure Regulator Required on Customer's Side on the Meter. C Off-site Water Facilities Required. C Area Not Served by San Bernardinop.- cps l Water Department. *Commerns: YYI.2 / 4Y v 4 /X&1, t!L� ,t°. -get idles -16 lzip WATER\\QUALITY VVCONTROL, Contact: jx,ze I e'ne� _ Phone: �r61-'4' 61 Fax: 3E5Li 'SS3Q,, R.P.P. Backtlow Device Required at Service Connection. Uk.( W'I"'1 p„Double Check Backtlow Device Required at Service Connection.'Ehf1J4.�t;- - Backrlow Device to be Inspected Before Water Service can be Activated. C No Backtlow Device Required at This Time. ENY9RONMENTAL CONTROLANDCSTWAL WASTE: �A Contact: y10.`j CRS7-I90 Phone: '%4 -550-7 Fax: 384�yR7 Note: No Brine Regenerative Water Softeners May be Installed, Unless Holding and Hauling is Provided for the Brine. All Interceptors Z ill be a 1200 Gallon Capacity with a Sample Box Included. lustrial Waste Pentut Requires!. C Grease Interceptor Required. C Sand,Oil Interceptor Required. ❑ No Issues at this Time. Pre-treatment Required. SEWER CAPACITY INFORMATION: Contact. N 1.a 61n--C' Phone: c39q -5u)93 F..: 39`1 - 5a1-5 Note: Proof of Payment Must be Subnutte<d to the Building &Safety Department Prior to Issuance of the Building Permit. C No Sewer Capacity Fee .applicable at Time. l/ q y� -er Capacity Fee Must Be Paid to the Water Department for /O Gallons Per Day, Equivalent Dwelling Units: . 3t C Subject to Recalculation of Fee Prior to the IIss�suance of Building Permit. Breakdown of Estunated Gallons Per Day 7 : 0/0 5 Cf➢RLCJCIL FRN q Vq CITY OF AN BERNARDINO FIRE C ?ARTMENT Cu P STANDARD REQUIREMENTS Case: �7 Date: Reviewed By: IENERAL REQUIREMENTS: Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan check. Contact the City of San Bernardino Fire Department at 1909) 3845388 for specific detailed requirements. C The developer shall provide for adequate fire flow as computed by the Fire Prevention Bureau. Minimum fire flow requirements shall be based an square footage, construction features,and exposure information supplied by the developer and must be available gnsr to placing combustible materials on site. `WATER PURVEYOR FOR FIRE PROTECTION: q The fire protection water service for the area of this project 4 provided by: San Bernardino Murcia! V/avr De^sr:-=^.! - 9, gi. erng 19011 3E 1.An9l ❑ East valley b'vater District-Engineering 1909) 888-8986 ❑ Other Water Purveyor: Phone: PUBLIC FIRE PROTECTION FACILITIES: _'S, Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and multi-residential areas and at intervals not t0 exceed 500 feet for residential areas. `4q, Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas. Minimum fire hydrant flow rates of 1.000 gpm at a 20 psi minimum residual pressure are required for residential areas. Cl Fire flaw requirements may be met from the combined flow of two adjacent fire hydrants. Fire flow requirements may be adjusted, as deemed appropriate by the Fire Department, based on individual site specific conditions and available mitigations. ❑ Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Department in conjunction with the water Purveyor. Fire hydrant materials and installation shall conform to the standards and specifications of the water purveyor. ❑ Public fire hydrants, fire services, and public water facilities necessary to meet Fire Department requirements are the developer's financial responsibility and shall be installed by the water purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional information. ACCESS: ❑ Provide two separate. dedicated routes of ingresslegress to the property entrance. The routes shall be paved, all weather. Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface of not less than 20 feet of unobstructed width. ❑ Extend roadway to within 150 feet of all portions of the exterior wall of all single story buildings. ❑ Extend roadway to within 50 feet of the exterior wall of all multiple-story buildings. ❑ Provide 'NO PARKING" signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less than the required width. Signs are to read "FIRE LANE-NO PARKING -M.C.Sec 15.16'. • Dead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround. • The names of any new streets ipulblic or private) shall be submitted to the Fire Department for approval. SITE: C All access roads and streets are to be constructed and usable prior to combustible construction. ❑ Private fire hydrants shall be installed t0 protect each building located more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any exterior wall. The hydrants shall be Wet Barrel type, with one 2'/7 inch and 4 inch outlet, and approved by the Fire Department. Fire hydrants shall be designated as a "NO PARKING- zone by painting an 8 inch wide, red stripe for 15 feet in each direction in front of the hydrant in such a manner that it will not oe blocked by parked vehicles. BUILDINGS: Address numerals shall be installed on the ouilding at the front or other approved location in such a manner as to be visible from the frontage street. Commercial and multi family address numerals shall be 6 inches tall,single family address numerals shall be 4 inches tall. The color of the numerals shall contrast with the color of the background. Identify each gas and electric meter with the number of the unit it serves. '\ Fire Extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A 10B/C. Minimum distribution of fire extinguishers must be such that no interior part of the building is over 75 feet travel distance from a fire extinguisher. ❑ Apartment houses with 16 or more units,hotels(motels)with 20 or more units,or apartments or hotels(motels)three stories of more in height shall be equipped with automatic fire sprinklers designed to NFPA standards. All buildings, other than residential, over 5,000 square feet, shall be equipped with an automatic fire sprinkler system designed to NFPA standards. this includes existing buildings vacant over 365 days. Submit plans for the fire protection system to the Fire Department prior to beginning construction of the system. C Tenant improvements in all sprmklered buildings are to be approved by the Fire Department prior to start of construction. Nliiil C Provide fire alarm (required throughout). Plan must be approved by the Fire Department prior to Start of installation. Fire Department connection to isprtnkler system/standpipe system) shall be required at Fire Department approved location. Note: The applicant must request. In writing, any changes to Fire Department requirements. n ADDITIONAL INFORMATION: Kti Q , 1 —'�/ G ('C�S S -) rPo 170 i It 9a r LRDINO PLANNING &BUU DINT ERVICES DEPARTMENT 300 'D`mw=. SW MMVARDW. CA 92418. OW)39*-507 �W 2 B 1991 AGENCY COMMENT SHEET np SAN gERNAP0ING& .. :JULY 18, 097 PROJEC'�TWfiIONAL USE PERMIT NO. 97-17& VARUNCE NO. 97-10 (Previous CDP 866) DESCRIPTION: A request to construct additional buildings for an existing auto repossesion business. A 4,800 square foot covered parking building is proposed for Phase I; a 2,105 square foot auto storage building is proposed for Phase H;:and a 2,105 square foot auto storage building is proposed for Phase M. Also requested is.a reduction in the north side yard:setback from 10 feet to 5 feet. The property is a 38,200 square foot site in the IL, Industrial Light land use district. LOCATION: (APN #136-132-01, 27: The site is located at the southwest comer of "D" Street and Athol Street and has frontage on the west side of"D" Street, the south side of Athol Street and the east side of Stoddard Avenue. FROM: MARGARET PARK - ASSOCIATE PLANNER THIS APPLICATION HAS BEEN FILED WITH THE CITY PLANNING AND BUILDING SERVICES DEPARTMENT. PLEASE REVIEW THE ENCLOSED INFORMATION AND RETURN THIS SHEET WITH YOUR COMMENTS AND/OR RECOMMENDATIONS WITHIN 21 DAYS OF RECEIPT OF THIS FORM. IF WE RECEIVE NO COMMENT, WE WILL ASSUME NO CONCERNS.. KEEP THE ATTACHMENT FOR YOUR FILES IF YOU SO DESIRE. This project M11 be reviewed by the DRC on JULY 31, 1997. THE FOLLOWING RECOMMENDATIONS APPLY TO THE ABOVE REFERENCED ITEM(S): Prior to the construction of any residential, commercial, or — industrial project, school facility fees as established by the Board of Education shall be paid to the San Bernardino City Unified School District. San Bernardino City Unified School District July 23 , 1997 (SIGNATURE) (AGENCY) (DATE) January 27, 1999 Honorable Mayor and Members of the Common Council 300 North "D" Street San Bernardino, California 92418 Dear Mayor and Council: A request for a continuance in regards to the Hearing being held on February 1 , 1999 is requested. The hearing references the Appeal of the Planning Commission approving of Conditional Use Permit No. 97-17 and Variance No. 97-10. Enclosed/attached is the required fee of $75.00 in the form of our check numbered 21928. If further information is required, please contact the undersigned or our attorney of record, Mr. Bill Lemann. His telephone number is (909) 889- 3691 . Thank you for your consideration. Sincerely, Michael P. Allen P. O. Box 5411 San Bernardino, California 92412-5411 (909) 825-8545 731 r n cc: Mr. Bill Lemann � m z v ;3 g r IV V7 x B2�o/�9y 0 MO> A mi< aM on I " o o — o z II ti T �• m ZCA m n it y m m 6 o '< I z z f/ o a m= a N • n zoDD O 00 DAL ti * W �o ny na d * Z a ' 0-i = o * m N cr m a * a N �3 Q3 co - o �o s Y fF u, * * p \ * z * * N = * V * M M. O u Q J � r N r o D o 9 N y c D 9 N cc 9�RVARp�'ti0 C I T Y O F - r o n 6ernardino Gcp IN� R A C H E L C L A R K C I T Y C L E R K February 5, 1999 Mr. John Jensen Western Door 444 Athol Street San Bernardino, CA 92401 Dear Mr. Jensen: At the meeting of the Mayor and Common Council/Community Development Commission held on February 1, 1999, the following action was taken regarding your appeal of a 90-day extension of time for Conditional Use Permit No. 97-17 and Variance No. 97-10, A & B--a proposal to permit an impound vehicle storage yard and establish reduced side yard setbacks at 206 South 11D" Street : (Note : Please refer to the enclosed Council Summary pages 5-7 for the action approved by the Mayor and Common Council . ) If we can be of further assistance, please do not hesitate to contact this office . Sincerely, 1 : -ham Rachel G. Clark, CMC City Clerk CC : Mike Hays, Director, Development Services Michael & Brenda Allen w/enclosure P. O. B O X 1 0 1 8 , B A N 0 E R N A R D I N 0 , C A 9 2 9 0 2 0 0 0 N O R T H D S T R E E T S A N H E R N A R 0 1 N 0 . C A L I F O R N I A 9 2 4 1 0 . 0 0 0 1 (9 0 9 ) 0 9 % - 5 0 0 2 ( 9 0 9 ) 0 9 9 . 5 1 0 2 F A X - ( 9 0 9) 0 9 9-0 1 5 8 T D D I T T Y 1 9 0 0 ) 2 9 4 . 5 5 4 0