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HomeMy WebLinkAbout34- Planning C( Y OF SAN BERNAR[ 40 - REQUE T FOR COUNCIL AC i, -3N From: R. ANN SIRACUSA Subject: Status Report on Conditional Use Director of Planning Permit 86-44 Dept: Planning Mayor and Common Council Meeting Date: February 10 , 1988 of February 15, 1988 , 2 :00 p.m. Synopsis of Previous Council action: On November 5 , 1986 , Conditional Use Permit 86-44 was approved, subject to conditions by the Planning Commission. On April 21 , 1987 , the Planning Commission denied a requested amendment to conditions . On May 18 , 1987 , the Mayor and Common Council continued the appeal of that decision to November 17 , 1987 — On November 17 , 1987 , the Mayor and Common Council continued the appeal decision to February 15 , 1988 . Recommended motion: Modify conditions and continue the appeal hearing to June 6, 1988 . J Sig ature R. Ann Siracusa Contact person: R. ANN SIRACUSA Phone: 384-5357 Supporting data attached: Staff Report Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 0"ITY OF SAN BED AARDINO - MEMORANDUNk To Mayor and Common Council From R. ANN SIRACUSA Subject Status Report - Conditional Use Permit Date Director of Planning Februar No. 86-44 Y 10 , 1988 Appeal of Conditions Approved Date PURPOSE This status report has been prepared pursuant to direction given to staff by the City Council on November 5, 1987 , to monitor the implementation of the conditions imposed on Conditional Use Permit No. 86-44 and to report back to the Council in six months. BACKGROUND Request Conditional Use Permit 86-44 was a request by Robert L. Fisher , Sr . to establish an indoor shooting gallery retail store and training facility at 766 South Lugo in the C-M, Commercial Manufacturing Zone. The proposal was to convert an existing warehouse-type structure into an indoor shooting range. Location The subject site is located on the west side of Lugo Street, north of Central Street at 766 S . Lugo. The site is not within any Redevelopment Project Area. It is located within Airport District V. History The application for CUP 86-44 was received by the Planning Department on September 16 , 1986 . On October 2 , 1986 , the Environmental Review Committee recommended a Negative Declaration be issued for the Conditional Use Permit. November 5 , 1986 , the item appeared on the Planning Commis- sion Agenda. With agreement from the applicant, CUP 86-44 was approved on the consent agenda, subject to Conditions and Standard Requirements contained in the staff report . Includ- ed in the approval letter is a standard statement, "The decision of the Commission shall be final unless appealed in writing to the Mayor and Common Council . The written appeal shall be submitted to the office of the City Clerk within 10 Mr . Fisher proceeded with interior alterations and modifi- cations. January 26 , 1987 , Mr . Fisher requested by letter amendments to the following Conditions : Mayor and Common Council Meeting of February 15, 1988 Status Report - Conditional Use Permit No. 86-44 Appeal of Conditions Page 2 1 . To relocate_the_site�of the_handicap_parking_s ace. The applicant requests to relocate the stall to the north property line . This would require maneuvering across the drive aisle by a handicapped individual . 2 . Deletg_tie_planteron_the_north side of the parcel . San Bernardino Municipal Code Section 19 .56 .120 .A. 5 requires landscaping in open parking lots be a minimum of 5% of the paved area. The landscaping shall include one tree for every ten spaces or fraction thereof. Landscaping shall be approved through submission of landscape plans to the Planning Department for approval. Staff required landscaping of the north and south prop-erty lines in an attempt to meet this standard requirement . After reevaluation , staff proposes landscaping be relocated from the south property line to the north building elevation. 3 . Trash_enclosure __ relocation. The applicant requested approval to relocate the refuse enclosure 10 feet to the east of the previously approved site . The requested location does not interfere with circulation nor parking . 4 . Southerly__driveway___ closure. As required by the Engineering Department, the southerly driveway was to be removed and replaced with standard curb and gutter . 5. Parking-lot striping . Staff required restriping in the rear of the building to allow circulation, primarily for refuse trucks which will be required to drive the full length of the property to reach the refuse enclosure. To enable the large trucks to continue in forward motion and eliminate backing , deletion of six parking spaces is necessary. 6 . Landscaping in_ the_ ront_setback area. In an attempt to improve the elevation of the existing structure, staff required landscaping adjacent to the building on the east elevation . This was to extend to the width of the porch plus the width of a four foot sidewalk , or nine feet. The existing asphalt abuts the base of the building creating a stark appearance . Once the elevation is improved with the required planter area, and once the required ten foot setback from the east property line area is landscaped , a 10 foot strip of asphalt would bisect the two areas . Staff included the 10 foot strip of asphalt to be removed and replaced in landscaping to create a cohesive 'Landscape area and an attractive street elevation. Mayor and Common Council Meeting of February 15 , 1988 Status Report - Conditional Use Permit No. 86-44 Appeal of Conditions Page 3 January 27 , 1987 , a cash deposit was received by the City to guarantee installment of the refuse enclosure, and the required front setback and parking lot landscaping . Mr . Fisher was given 90 days to complete the required work with the understanding the City would use the funds to complete the work if it was not done within the 90 days. No deposit was received for the removal of the driveway and installment of the curb as required by the Engineering Department. February 24 , 1987 , Mr . Fisher paid the fee required for an amendment to Conditions and the request began processing through appropriate channels . It was subsequently placed on the Planning Commission agenda for April 21 , 1987 . April 20 , 1987 , a letter was hand-delivered by the applicant requesting a continuance of the item from the meeting of April 21 , 1987 based on reasons of health. By the time the letter was delivered , staffs report and recommendation had been prepared , printed, and delivered to the Commissioners . April 21 , 1987 , the amendment to condition request appeared on the Planning Commission agenda. The action of the Commission was as follows, taken from the minutes of the meeting: "Edward Gundy presented comments, noting the request for the applicant and location of the site. Mr . Gundy stated that the cost of improvements should not be considered a reason for waiver of conditions . He noted that the applicant has posted a cash deposit in lieu of completion of improve ments. He also noted that the applicant has installed signage on the east and west elevations without proper permits or approval. Mr . Gundy noted staff ' s recommendation for modification to conditions regarding the location of a landscaped ,strip and the location of the refuse enclosure. He stated that staff also recommends that all signage be installed per Code requirements. Mr . Anderson stated that staff had received a request from the applicant for continuance of the item. Mr . Anderson read the applicant ' s submitted letter requesting continuance of the item. The public hearing was closed . 0 Mayor and Common Council Meeting of February 15, 1988 Status Report - Conditional Use Permit No. 86-44 Appeal of Conditions Page 4 Commissioner Knowles stated that he recalled that this item was on the Consent Agenda when it was originally approved and the applicant voiced no concerns regarding conditions . He stated that he concurred with staff ' s report. Commissioner Knowles made a motion to approve the recommendation of staff, as contained in the memorandum to the Planning Commission dated April 21, 1987 , for modification (as follows) to condi- tions # 5 and # 7, with no further modifications to conditions. "Conditions: 5. Refuse enclosure to be relocated 10 feet to be east , per_site_plan marked A-3 and dated Apri1 ,.21 , 1987 . " 7 . "Planter ar,e,�_ adjacent to the south property line shall be relocated to the north side of the existing_building, per t e site plan marked A-3 and dated April 21,-- 1987 . " The motion was seconded by Commissioner Lightburn and carried unanimously. " April 30 , 1987 , the applicant appealed the Commissioner 's decision in a letter received by the City Clerk . The letter cited "difficult hardship to health, business, and emotional stress" as the basis of the appeal. May 18, 1987 , the item appeared on the Council agenda. Action at that meeting was as follows, based on the minutes of the meeting: "Mr . Fisher explained that meeting all the condi- tions as imposed by the Planning Department would pose a financial hardship on him, and felt that many of the conditions were not necessary. He referred to the general run-down condition of the general area in which his business is located . Mr . Fisher also explained that the parking require- ment of 32 parking spaces is excessive, as most of his customers are there at night when adjacent businesses are closed . Mr . Fisher explained what he had already accomp- lished with street improvements and landscaping . Mayor and Common Council Meeting of February 15 , 1988 Status Report - Conditional Use Permit No. 86-44 Appeal of Conditions Page 5 He had conferred with Mr . Anaya of Parks , Recrea- tion and Community Services regarding the landscap- ing, but did not have a plan prepared . Vince Bautista, Principal Planner , stated that all of the conditions being requested as part of the CUP are standard conditions placed on other similar applications. He stated that the $1 ,200 bond is in for the landscaping, not for street improvements. Council Member Quiel made a motion, seconded by Council Member Reilly and, unanimously carried , that the matter concerning CUP No. 86-44 be continued to November 16 , 1987; that the conditions recommended by the Planning Commission remain the same, but that applicant Mr . Fisher be given a year in which to perform and complete those conditions, giving priority first to the handicapped parking and removal of the drive approach in front of the facility and then meeting the other conditions within 12 months from today 's hearing . Within the next six months, staff will inspect the site, with a report back to the Council on November 16 , 1987 , as to the conditions and status of progress in meeting those conditions. " At the Mayor and Common Council meeting of November 16 , 1987 , a status report was presented . There had very little progress at the site and the item was continued three months to February 15, 1988 . ANALYSIS February 8 , 1988, staff visited the site and made the following observations: 1 . The handicap parking stall has been appropriately relocated . However , the wheel-stop required by code has not been installed. 2 . Neither the planter which was changed from the south property line to the north elevation of the building , nor the planter on the north property line has been installed . Instead , wheel-stops have been installed . 3 . The refuse enclosure has been constructed . However , in a memo from Steve Enna, April 17 , 1987 , it was noted to the Planning Department, "The trash enclosure does not comply with City Standard #508 and was not inspected . " 4 . The curb and gutter have been installed . Mayor and Common Council Meeting of February 15 , 1988 Status Report - Conditional Use Permit No. 86-44 Appeal of Conditions Page 6 5 . The portion of the parking lot adjacent to the building has not restriped and accommodates approximately 12 cars . The parking area behind the building has not been striped . A fence and gate has been relocated from the front of the building . The gate is locked and prevents access for vehicles or the refuse truck . The areas where the fence posts were originally located are hazardous . The posts were cut off. Jagged edges of the posts remain above ground . The posts were not filled in and there are two inches diameter holes in the parking lot. 6 . The front setback has been planted in lawn with 4 small palm trees. There is no documentation that landscape plans were processed appropriately by the City. 7 . A sign review was performed on November 20 , 1987 for one (1) sign. However , there are three (3) signs located on the building , two (2) on the east elevation and one (1) on the south elevation . The roof sign has been removed , but the large bull ' s-eye remains propped against the building 's west elevation . MAYOR AND COUNCIL OPTIONS By previous Council action, the applicant has until May 18, 1988 to implement all Conditions of Approval . The Mayor and Council can either wait until May 18, 1988 to see if the conditions are met, or modify the conditions at this time. CONCLUSION At the time of staff inspection, it was noted that consider- able progress has been made toward meeting the conditions of approval. However , there is still a considerable amount of work that remains to be done. That work includes: 1. Install the 3-foot landscaped strip at the north building elevation and the 6-inch concrete header to separate the landscaping from the parking area. Also, locate a wheel-stop in front of the handicap stall and relocate the wheel-stops installed where the planter belong in front of the other parking stalls adjacent to the building . 2 . Install the 3-foot wide landscaped planter and the 6-inch curb to separate the planter from the parking along the north property line. or Mayor and Common Council Meeting of February 15, 1988 Status Report - Conditional Use Permit No. 86-44 Appeal of Conditions Page 7 3 . Install the refuse enclosure in compliance with City Standard No. 508 . 4 . Restripe the parking area to the rear of the build- ing in accordance with the approved plan. 5 . Obtain sign permits for all signs installed on the building . Remove the large bull ' s-eye that is propped against the west elevation of the building . In addition, a condition should be added to address the cut- off fence posts which create a hazardous situation in the parking lot. RECOMMENDATION It is recommended that the Mayor and Council modify the original conditions to include filling the cut-off fence posts so no holes or jagged edges remain and continue the item to the meeting of June 6 , 1988 . 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