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Home My WebLink AboutMC-477 1 ORDINANCE NO. MC-477 2 ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS 3 INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 84-12, A RECTANGULARLY- 4 SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 8.5 ACRES HAVING A FRONTAGE OF APPROXIMATELY 560 FEET ON THE EAST SIDE OF 5 PALM AVENUE AND BEING LOCATED APPROXIMATELY 588 FEET NORTH OF THE CENTERLINE OF OHIO AVENUE), AND ADOPTING THE NEGATIVE 6 DECLARATION FOR ENVIRONMENTAL REVIEW. 7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 8 9 SECTION 1. Pursuant to Chapter 19.06 of the San Bernardino 10 Municipal Code, the real property described in Exhibit "A", 11 attached hereto and incorporated herein by reference, a 12 rectangularly-shaped parcel of land consisting of approximately 13 8.5 acres having a frontage of approximately 560 feet on the 14 east side of Palm Avenue and being located approximately 588 feet 15 north of the centerline of Ohio Avenue, is rezoned from 16 R-1-20,000 to PRD-3U Planned Residential Development at three 17 units per acre. 18 (PETITION NO. 84-12). 19 SECTION 2. The zoning map, which is incorporated by 20 reference in Section 19.06.020 of the San Bernardino Municipal 21 Code is amended to reflect the change of zone set forth in this 22 ordinance. 23 SECTION 3. The negative declaration for environmental 24 review, as adopted by the Environmental Review Committee, 25 26 27 28 attached hereto, marked Exhibit "B", and incorporated herein by reference, is hereby approved and adopted. / / / / / / / / / / / / / / / / / / / / 6 7 8 9 10 11 13 14 MC-477 1 I HEREBY CERTIFY that the foregoing ordinance was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a --Ieoular meeting thereof, held on the 4 23rd day of , 1985, by the following vote, September 5 to wit: AYES: Council Members Estrada, Reillv, Hernandez, Marks, Quiel, Frazier, Strickler NAYS: None ABSENT: None ~~'f~~ /' Ci ty C er 12 The foregoing ordinance is hereby approved this 24th day of September , 1985. 15 ino 16 Approved as to form: 17 tfZ<;~/J~:'d/ 18 City Attorney 19 20 21 22 23 24 25 26 27 28 2 KC-4n The land situated in the County of San Bernardino, State of California, described as follows: The Northwest 1/4 of the following described property: All of Lots 2 to 4, inclusive, Block 60, according to plat of Town of Irvington, and the land of Irvington Land and Water Company, as per plat recorded in book 3 of Maps, page 9, records of said County; and that portion of Lot 1, Block 60, according to the plat of the Town of Irvington, and the Land of Irvington Land and Water Company, as per plat recorded in book 3 of Maps, page 9, records of said County, lying South of the Northeasterly line of Muscupiabe Rancho, as shown on Map of Survey made by George N. Perrin, approved by the United States Surveyor General for California on June 24, 1898. EXHIBIT "A" ~ MC-477 , c":r:{0:~SAN~~~~E~~~~?:v~~,:~:~~~-DEPAR1~';ITI L.\r.F!1 ,~~~ ~ It} l'"l;{" l1 ~ [I r7:~ rr.'.'\)) r.?.~.-~,' ({...."e. n.. Il},\ r~>> k~0j' 'c, g nr' ~~Jl .rl .,z"~",...~,,~=.~~~!!.:~,~,,,!... .'~,!:;::.,.. ,..,!:!.:l:,~\:;~~ ~.;:~:,~~",~,q~~,~:L",~,:~:<~~~..".",,;; r~~;:f;~~;;:;~;;::::~:JB ;:;:;':~;i:;::~':;-~".~TI' @ ::;00 NORTH "D" STREET, 3rd FLOOR LJ 175 WEST 5th STREET j -=.~. BERNARDINO, CA. 92~~___ SAN BERNAR~~~2415 Ii THE ENVIRONMENTAL REVIEW COMMITTEE OF THE CITY OF SAN BERNARDINO, ~ CALIFORNIA REVIEWED THE PROJECT DESCRIBED BELOW AT IT'S MEETING OF --M<ljL-Jl-.-198~ AND FOUND THAT ON THE BASIS OF THE INITIAL STUDY THE PROJt:CT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT r:~---------'-------'----- LOJ~~~.~AME: . Change of Z~:I~_N~_~4.::1?:. J PRO.JECT DESCRIPTION AND LOCATION: Subject property is a rectangul arlY-~ha;J Ij parcel of land consisting of approximately 8.5 acres having a frontage of approx~~1 mately 560 feet on the east side of Palm Avenue and being located approximately 588 feet north of the centerline of Ohio Avenue. The proposal is to change the land use zoning district from R-1-20,OOO, Single-Family Residential (minimum lot area of 20,000 square feet) PRD- 3....<1..'.'/-,'lCr_"-'- Plj:lnn"eJ R,,_"c~d~l1.Sialj)~ve]'-"J}mc'nt (.'l.._d,,,,,Uing .yni ts J:."r --"-".1:0 MITIGATION MEASURES, IF ANY, TO AVOID POTENTIALLY SIGNIFICANT EFFECTS: (,,') N o j:-,' ::2 .,-~.. r:-? cn .".. ENVIRONMENTAL REVIEW COMMITTEE, CITY OF SAN BERNARDINO _S'1I.<"&\'- C- /4.4'nfl...1 S\,CHETARY (/ ''''''~:':'/'':':,,';7:~;c';':;;'>lIi'_,wtor.r.al~#'-'-'''''a:&~l;ti.t<~.oIl::fIl''''''''''-'''''':~'' '-'1: ',.,_,l'e[..u~'..."",", 1tw.\:./:2d1a.r (714) 383-505.7 ~DATE TELEPHONE. ~'-..~t~;_~,"<4NC~~:::'~~='~:'~._~'~~::::~~~~~".t.~~Ii_~""~.,"=:'c~;;<) MAY 1931 EXHIBIT ERG FORM G ." "MC-477 rCITYOFSAN<B~~:~~~;~~~i~~:E~~~~~~~~DE~RTt.;1ir;T~ I u\1tJflr ~cr{: ()Jl}::: f(v[;:~llF'[;'~'[j".?11:\{lJ ~ r~l~L7<~~'u();r:~~J ~ '~;~1~~.1fJ"i.;<,.:rn.':"C,T..~.;.,.,.::.~,';.':;1,;'~.'AJllO"';'::'~_.';;.:~":::';';::l"}l.:""~(:XZ:~l;'.. '-'-"'::"T.'l~:""':" -:;- ~ ~~-:'~::'_:.1<::j"';:_-;.:,.~::':~r":'7._~~'::'~,\.-~".;t>Jz.;t ..r.,:~~."::;1S~'lM-l~L"::"7!:':.,,:.l -,.. J ~'U:'~l"t,;;,",;:;o~~,">o>;';_ .'jf::';";"\'Ii';.>io>.;::t>"'J:'r-.:::.;.;~~.r,^"'J.:''..:.'l'.,.,;_~il.r~.'.\,;'~~.'~.;-.' ',-~;t,::.,,' ,..:-~.f',:.c.;..~, ~.."..,; _"i," ''"f''.l;''''';""N'':!!''; .I'':..i:~ '-1~a:~:;\'[o:;:.::t:;.;.t;o-~_-::'. '~:-;:3lml.'IIli:UO,-';U~:::;JT.!Jt;eu:.r.z.t"'~"_-", '~~.; ;1: o r,;: I.!.. CITY OF SAN BERNARDINO ENVIRONMENTAL REVIEW COMMITTEE 300 NORTH 0 STREET, 3rd FLOOR SAN BERNARD]NO, CA. 9241B SECRETARY FOR RESOURCES 01416 NINTf] STREET, ROOM 1311 SACRAMENTO, CA. 95BI4 o I- ytERI( OF THE BOARD OF SUPERVISORS [lJin WEST 5th STREET SAN BERNARD]NO, CA. 92415 00JECT NAME' ------J Change of Zone No. 84-12 PROJECT DESCR]PTION AND LOCATION: Subject property is a rectangularly-shaped parcel of land consisting of approximately 8.5 acres having a frontage of approximat~ly 560 feet on the east side of Palm Avenue and being located approximately 588 feet north of the centerline of Ohio Avenue. The proposal is to change thelal1d use. zoning district from R-1-20,000, Single-Family Residential (minimum lot a[~a o~ 20,000 square feet) PR))-3 du/acre, l.'.lnnns.ci.l,-csideT1.tJ..CJl..1lsy."lol'l11e'll._O dwej,Ji!XiF .. 'units per acre) , ," ~_,; THIS IS TO ADVISE TflAT THE CITY OF SAN BERNARD]NO HAS MADE THE FOLLOWING DETERMlNI.T]O" REGARDING THE PROJECT DESCRIBED ABOVE' I. "fHE PROJECT HAS BEEN [KjAPPROVED, ODENIED. 2. THE PROJECT []WILL, OW]LL NOT, HAVE A SIGNIF]CANT EFFECT ON THE ENV]RONMENT. 3. 0 AN ENV]RONMENTAL IMPACT REPORT WAS PREPARED FOR TH I S PROJECT PURSUANT TO THE PROV]SIONS OF CEQA. [Xl A NEGATIVE OECLARATION WAS PREPARED FOR TH IS PROJECT PURSUAfH TO THE PROVI SIGNS OF CEQA. A COpy OF THE NEGATlVF DECLARATION IS AVAILABLE FOR PUBLIC REV]EW ]N THE PLANNING DEPARTMENT, CITY HALL, 300 NORTH "0" STREET, SAN BERNARD]NO, CA. 928]4. 4. A STATEMENT OF OVERRIDING CONS]DERAT]ONS [XJWAS, OWAS NOT, ADOPTED FOR THIS PRO,]ECT. ENVIRONMENTAL REVIEW COMMITTEE, C]TY OF SAN BERNARD]NO .t::}t 1/, _-t:!.!:,t~1.l(A.. . SpCRETARY -.M/l/BS_' Date Received for Fi ling !n!(f.,{!J z;- (..... (714) 383.5057 ----rELEPHO.::Jr-- '"...'t"~j''''!f':W:S~'~i''".h:._.",.~~___.......,.,l<,-.p-:;;~r,l!'ta'~'u;~".,,_,_.~.,',.u.::~~::'~',I.~""'J;,."e.__,m>':/f'''''If,.;.'';'",.",,,,(,,,~,,,,,,;;.,.,,.,_~~,_t',,,_r_'''>t,'',:,,,,'C': ""AY 1901 tAtlliJl J ERC. FORM E Q 1 j li ,~ ~~ U ~ '1 f. I ~ i I' ~) " MC-477 . 1'" f .. . Recorded at the request of, and when recorded, return to: City Clerk City of San Bernardino 300 North "D" Street San Bernardino, California 92418 RE '0"'[' "." ,I" ,"l" 1\ n::.:..J 1:1 O"I:'ICI" :'C'r,'i')n~ r I ,h<_, \. " ,~!\~,......, 1985 OCT 2l~ PH 2: 18 ,/) I Fw 3VY cC's__ 01'D """"'i.!- 15 B l8A T'TfIf~~,~~--'I.~~~~--'--j SAN BcRi~ARDihO CO.. CAL.lF. to....: 85-264805 '- 'u -, COVENANT RUNNING WITH THE LAND 1. WHEREAS, on September 23, 1985 , the Mayor and Common Council of the City of San Bernardino adopted Ord inance No. MC-477 granting Change of Zone Number 84-12 for the parcels of property in the City of San Bernardino, County of San Bernardino, State of California, described in Exhibit A which is annexed hereto and incorporated herein by reference. 2. WHEREAS, it is hereby agreed and acknowledged by Trans-California Realty Company (hereinafter referred to as "developer") that said grant has an "equivalent financial value", to the value of a twenty-five percent (2570) density bonus for the subject residential housing development under Government Code Section 65915(a). 3. WHEREAS, it is hereby agreed and acknowledged by developer that said grant of the equivalent financial value alternative set forth in Paragraph 1 above is deemed to be and does in fact constitute an incentive under California .. MC-477 . . 'r-' ".' ~8!' , i';, ,-.' ')h,~ c 15 ,.,.J (...,'.j"," \Jt Government Code Section 65915 for the development of any residential housing development that may hereafter be constructed on the parcels of land described in Exhibit A. NOW, THEREFORE, it is hereby agreed as follows: 4. Developer hereby acknowledges that he has received an equivalent financial value as that term is used or may hereafter be used in Government Code Section 65915. In receipt of the consideration, developer hereby waives any present and future right to a density bonus for the subject housing development. 5. Developer covenants with the City of San Bernardino (hereinafter "City") that Developer will not for a period of thirty (30) years hereafter, make application to the City for any density bonus or other "equivalent financial value" of said density bonus for a residential housing development to be constructed on the parcels of land described in Exhibit A. 6. Developer further covenants that developer will not for a period of thirty (30) years hereafter commence any action against the City or its officers, agents or employees before any administrative agency or in any state or federal court to compel the City or its officers, agents or employees to grant to developer a density bonus or other "equivalent financial value" of said density bonus for a residential housing development to be constructed on the parcels of land described Exhibit A. 7. These covenants run with the land and are binding on all heirs, successors, administrators, executors and assigns of developer for a period of thirty (30) years from date of its 2 MC-477 . . ,,~;,' '8-' ,.....,..'}_" '.k,~";' . 1 . , \r '". ~. ' ,-' i.'v 1:1.. tl5 recordation. 8. In the event of a breach of these covenants or any of them by the developer or any heir, successor, executor, administrator or assign, the City may bring an action to enforce compliance with any of the covenants contained herein and for other relief, including money damages, attorney's fees and costs of court, administration and overhead. 9. Developer agrees that upon the successful prosecution by the City of a civil action arising from the breach of any of these covenants, or in the event of a successful defense by City of any claim by developer to entitlement to a density bonus or other equivalent financial value, City shall receive, as liquidated damages, and not as a penalty, an amount equivalent to twenty percent (20%) of the value of all improvements constructed on the parcels described in Exhibit A in excess of those improvements permitted by the grant described in paragraph 1 above. This sum is estimated, computed, determined and agreed upon because of the uncertainty and difficulty of measuring actual damages, for breach of any of the covenants contained herein. The City shall also be entitled to all costs of litigation and all other costs reasonably incurred in bringing an action to enforce this covenant. 3 MC-477 . . " rc:;. 'Ie' 1r.' gf ... .. ',' ~ :~ --'.. "., :.~... ..... '. r...," I~ Ie' IN WITNESS WHEREOF, Developer has executed this document this f" LL.- day of 5 (- p../-. . , 1985. TRANS-CALIFORNIA REALTY CORP. ''i'~ ./ i--' ft ' By J/O-:l-';J~\-.. L. ,..)"..... .-I"",...~ . ) Jo eph E. Bonadiman - President STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On this 4th day of September , 1985, before me, Ruth L. Ritter , a notary public in and for said State, personally appeared Joseph E. Bonadiman personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president on behalf of TRANS-CALIFORNIA REALTY CORP., the corporation named therein, and acknowledged to me that the corporation executed it. Witness my hand and official seal. (OFFICIAL SEAL) RUTH L. RITTER NOTARY PUBLIC. CALIfORNIA SAN BERNARDINO COUNTY My Commission Expire.s Mar_~_~_?. 1.~?7 w _ . .... '-,./" . -\ .,. .A ~\ '\ . .\, J'"1, ...:. i, -j ';'" } NOTA~'Y 'PUBLic iri"AND' FOR SAID STATE 4 KC-417 . . r)_~,.::.::-;, ~ p\'1 5 . ',..' f!) It The land situated in the County of San Bernardino, State of California, described as follows: The Northwest 1/4 of the following described property: All of Lots 2 to 4, inclusive, Block 60, according to plat of Town of Irvington, and the land of Irvington Land and Water Company, as per plat recorded in book 3 of Maps, page 9, records of said County; and that portion of Lot 1, Block 60, according to the plat of the Town of Irvington, and the Land of Irvington Land and Water Company, as per plat recorded in book 3 of Maps, page 9, records of said County, lying South of the Northeasterly line of Muscupiabe Rancho, as shown on Map of Survey made by George N. Perrin, approved by the United States Surveyor General for California on June 24, 1898. EXHIBIT "A" . < MC-477 " . . i~S":<)f;(18[jh) . . . ~-' 1'....'~u'.:4., 'Ut. ACCEPTANCE BY CITY The City of San Bernardino hereby accepts the covenant included within the attached document. I certify that I am authorized to accept grants and conveyances to the City of San Bernardino as authorized by resolution of the Mayor and Common Council. DATED: ?'o/~ CITY OF SAN BERNARDINO By ~#'m/~~r: ~. City erk 5