cup notice of hearingPCUP-13-0016 NOVEMBER 12, 2013 2
THIS IS A REQUEST UNDER 19.58 (CONDITIONAL USES) OF THE BARSTOW
MUNICIPAL CODE TO ALLOW FOR THE CONTINUED OPERATION OF AN
AUTOMOBILE RENTAL AGENCY BY CHANGING THE STATUS FROM TEMPORARY TO
NON-TEMPORARY ON PROPERTY LOCATED WITHIN THE MIXED LAND USE (MU)
ZONING DISTRICT (APPROXIMATELY 0.17 ACRE).
SITE INFORMATION:
Property Owner/Applicant:
Tim Williamson, agent for Enterprise Holdings, Inc., applicant for The Jordan
Family Trust, owner
East: MU (Mixed Land Use) / Convenience Store
West: MU (Mixed Land Use) / Drive-Through Restaurant
CEQA Finding:
This project is categorically exempt from environmental review (Section 15301,
Class 1 – Existing Facilities) and needs no further environmental findings.
COMMENTS:
In 1990 (Ref. CUP #90-14), Enterprise Rent-A-Car gained approval for an
automobile rental service. At the time, the City conditioned it as a temporary
application. This is seldom done, especially for this type of business. Enterprise is
one of three automobile rental agencies that remain in Barstow (others include
Avis and Hertz).
City of Barstow
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PCUP-13-0016 NOVEMBER 12, 2013 2
The site cannot store very many vehicles and is intended more for the
occasional need when someone has a vehicle in the repair shop, or on trips, so
it is more likely to have a demand to store four or five rental vehicles on-site.
Customer traffic is low in this type of operation, so customer parking is
anticipated to be one vehicle, two maximum. This is conducive to the site.
On occasion, Enterprise will gain a contract with Fort Irwin or the Marine Base,
needing sometimes in excess of 100 vehicles. This created a problem as vehicles
were parked in the street along the surrounding streets in the residential
neighborhood. Several complaints were received. Upon discussion with the
staff at the location, once the vehicles were processed, there were no more
issues. No complaints have been received since then. However, should another
such contract be gained, staff recommends that the applicant find a storage
yard to contain the additional vehicles (See condition #4).
SITE ANALYIS:
Parking:
The site plan reflects a total of eight parking spaces (including ADA accessible).
This includes the storage area for the rental vehicles. Therefore, five rental
vehicles, two staff and one customer parking is the absolute maximum that this
site can contain. To ensure that parking is available to customers, no more than
five rental vehicles shall be on-site at any given time (See condition #4).
Trash Enclosure:
An existing trash enclosure is located at the rear of the site (adjacent to the
alley). This trash enclosure does not meet current standards. However, there
are no improvements to the site that would warrant the construction of a new
enclosure.
ADA Requirements:
State and federal law requires that all commercial establishments be ADA
accessible. In addition, the Engineering Department has conditioned the
driveway to be ADA compliant (See Engineering Comments below).
Fences/Walls/Screening:
The applicant is proposing a chain link gate at the rear of the building to secure
the rental cars. In addition, a new 6 foot high chain link fence is proposed along
the westernmost property line for the same purpose. In keeping with the
wrought iron fence and pedestrian gate near the rear of the building, staff
recommends the new vehicle gate be wrought iron to match (See condition
City of Barstow
BARSTOW PLANNING COMMISSION
PCUP-13-0016 NOVEMBER 12, 2013 2
#5).
Off-Site Improvements:
As indicated above, the Engineering Department has made a comment about
the driveway. Although all off-site improvements are in, the driveway may need
replacing to be ADA compliant (See Engineering Comments below).
Grading/Soils:
Lighting:
No additional lighting is proposed as part of this application. Should any exterior
lighting be placed, it shall be consistent with Chapter 19.45 (Outdoor lighting) of
the Barstow Municipal Code (code requirement).
Landscaping:
Minimal landscaping is provided. However, the site is almost completely paved.
No changes are necessary as no significant changes are occurring at the site.
Access/Traffic:
Access is from one driveway on West Main Street and an access point at the
alleyway. The site plan reflects the entrance located on Main Street and the
exit onto the alley. Because of the minimal aisle width (as narrow as 15’-7”), the
site be posted “Entrance Only” near Main Street and “Exit Only” at the alley (See
condition #6). This is required to ensure that there are no conflicts with vehicles
entering and exiting at the same time on Main Street.
Drainage Patterns/Improvements:
There are no changes recommended or proposed for the drainage patterns or
improvements.
Signs:
Signs are currently in place. Any changes in the signs shall be consistent with
Chapter 19.78 (Signs) of the Barstow Municipal Code (code requirement).
Lot Size/Configuration:
The lot is substandard in width. However, with developed parcels on either side,
no additional land can be obtained to increase the width to current standards.
Utilities:
City of Barstow
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PCUP-13-0016 NOVEMBER 12, 2013 2
General:
The City Attorney has recommended conditions #7 and 8, consistent with prior
approvals, in order to indemnify, defend and hold harmless the City of Barstow.
COMMENTS FROM OTHER DEPARTMENTS/AGENCIES:
The driveway must conform to ADA regulations (See condition #9).
Environmental Services:
Environmental Services Administrator:
The trash enclosure shall be brought up to current standards (See condition
#10).
See attached.
PCUP-13-0016 NOVEMBER 12, 2013 2
RECOMMENDATION:
A. Conduct a public hearing and subject to testimony received, approve
Conditional Use Permit #PCUP-13-0016 subject to the following five findings
required by Section 19.58 of the Barstow Municipal Code:
a) That the use applied for at the location set forth in the application and
previously existing is properly one for which a Conditional Use Permit is
authorized by this title.
Rental car agencies are permitted in the MU (Mixed Land Use) zoning
district, subject to the approval of a Conditional Use Permit.
b) That the use is necessary or desirable for the development of the
community and is not detrimental to existing uses or uses specifically
permitted in the district classification per this title.
Rental car agencies are permitted in the MU (Mixed Land Use) zoning
district, subject to the approval of a Conditional Use Permit.
c) That the site for the intended use is adequate in size and shape to
accommodate the use and that all of the yards, setbacks, walls, fencing,
landscaping and other features required in order to adjust the use to
existing uses or possible future uses on adjoining land in the neighborhood
be compatible with one another.
This development shall comply with all code requirements and
conditions adopted by the Planning Commission.
d) That the use proposed will not affect the existing streets and highways
provided conditions proposed within this staff report are completed prior
to the issuance of the certificate of occupancy.
The City Traffic Engineer has reviewed this proposal and determined
that (provided the conditions as indicated within this staff report are
completed) the expansion will not affect/impact existing or future
traffic conditions in this area.
e) City sewer service shall not be provided to any parcel not meeting the
requirements of section 19.58 of the Barstow Municipal Code.
Sewer service is available to this site.
And the Following Conditions:
1. This conditional use permit (involving APN 0182-111-06) shall expire three
years from the effective date of approval unless building permits have been
issued and development has commenced.
2. This conditional use permit application (PCUP-13-0016) is to allow for the
continued operation of a rental car agency located within the MU (Mixed
Land Use) zoning district. Any additional use, expansion of use or change in
the use shall require additional review, permits and approvals. The applicant
City of Barstow
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shall be responsible for all charges for said review and approval.
3. All operations of this use shall be in accordance with all Federal, State and
local laws and regulations, including all required permits and inspections.
4. This rental agency located at 620 West Main Street shall be limited to a
maximum of 5 (five) rental vehicles on-site at any given time. Should a
contract for additional vehicles be acquired, the applicant shall find a
storage yard or other suitable facility to contain the additional vehicles.
5. The vehicle gate located near the west southerly corner of the building shall
be constructed from wrought iron to match the fence and pedestrian gate
at the rear of the building.
6. To avoid vehicle conflicts at the drive entrances, the driveway along Main
Street shall be posted “Entrance Only.” The drive entrance along the alley
shall be posted “Exit Only”. Said signs shall be submitted to the Planning
Department for review and approval prior to placement.
General Conditions:
7. The applicant and the property owner agree that City, its employees, agents
and officials should, to the fullest extent permitted by law, be fully protected
from any loss, injury, damage, claim, lawsuit, expense, attorneys’ fees,
litigation expenses, court costs or any other costs arising out of or in any way
related to the issuance of Conditional Use Permit No. PCUP-13-0016 or the
activities conducted pursuant to such permit or approval. Accordingly, to
the fullest extent permitted by law, the applicant and property owner shall
defend, indemnify and hold harmless City, its employees, agents and
officials, from and against any liability, claims, suits, actions, arbitration
proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including, but not limited to, actual
attorneys’ fees, litigation expenses and court costs of any kind without
restriction or limitation, incurred in relation to, as a consequence of, arising
out of or in any way attributable to, actually, allegedly or impliedly, in whole
or in part, the issuance of Conditional Use Permit No. PCUP-13-0016 or the
activities conducted pursuant to such permit or approval. The applicant and
property owner shall pay such obligations as they are incurred by City, its
employees, agents and officials.
8. The time in which to seek judicial review of this decision shall be governed by
Code of Civil Procedure Section 1094.6.
Engineering Department Conditions:
9. The driveway along Main Street shall conform to ADA regulations.
City of Barstow
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Environmental Services Administrator Conditions:
10. The existing trash enclosure shall be brought up to current standards.
MAIN STREET
NANCY ST
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OWNER: Jordan Family Trust APPLICANT : Enterprise Holdings Inc
EXHIBIT A
S IT
PCUP-13-0016 November 12, 2013
PCUP-13-0016 November 12, 2013
PCUP-13-0016 November 12, 2013
HEARING
NOTICE IS HEREBY GIVEN that the Barstow Planning Commission will hold a public
hearing at the request of Tim Williamson (Agent) for Enterprise Holdings, Inc.
(Applicant) for Jordan Family Trust (Owner) who is seeking approval of a Conditional
Use Permit to allow for a vehicle rental service / car rental agency at an existing
commercial facility located at 620 W. Main Street within the MU (Mixed Land Use)
zoning district and more particularly described in Exhibit "A" (Ref.: PCUP-13-0016) on
file in the Office of Planning.
This project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA), as amended pursuant to California Administrative Code (CEQA
Guidelines) Section 15301 (Existing Facilities).
The above matter has been set for hearing at 7:00 p.m. on Monday, November 12, 2013, in the Barstow City Council Chambers at 220 East Mountain View Street. Any person affected by these proceedings may appear and be heard at the time of the hearing. Individuals interested in obtaining additional information may phone (760) 255-5153 OR send written questions/comments to: City of Barstow, Planning Department 220 East Mountain View Street Barstow, CA 92311 Individuals electing to challenge the item listed herein will be limited to addressing only those issues raised at the public hearing OR in written correspondence received by the City prior to the hearing. Publish once on Friday, October 18, 2013
1374 : Enterprise Rent a Car
Exhibit A pcup 13-0016