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HomeMy WebLinkAboutMC-393U 1 ORDINANCE NO. MC-393 3 ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS I INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN I BERNARDINO MUNICIPAL CODE (PETITION NO. 84-13, AN IRREGULARLY- II SHAPED PARCEL OF LAND CONSISTING OF APPROXIMATELY 70.11 ACRES I HAVING A FRONTAGE OF 3,500 FEET ON THE WEST SIDE OF DEL ROSA I AVENUE BETWEEN SIXTH STREET AND WARM CREEK FLOOD CONTROL CHANNEL, WHICH IS LOCATED APPROXIMATELY 366 FEET SOUTH OF THE CENTERLINE IOF BASELINE STREET), EFFECTIVE IMMEDIATELY AND DECLARING THE URGENCY THEREOF. 2 4 5 6 7 8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 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, an 12 irregularly-shaped parcel of land consisting of approximately 13 70.11 acres having a frontage of 3,500 feet on the west side of 14 Del Rosa Avenue between Sixth Street and Warm Creek Flood Control 15 Channel, which is located approximately 366 feet south of the 16 centerline of Baseline Street, is rezoned from R-1-7200 Single- 17 Family Residential District to PRD-14U planned Residential 18 District. 19 (PARCEL NO. ONE THOUSAND THIRTY-SEVEN, PETITION NO. 84-13.) 20 SECTION 2. The zoning map, which is incorporated by 21 reference in Section 19.06.020 of the San Bernardino Municipal 22 Code is amended to reflect the change of zone set forth in this 23 ordinance. 24 SECTION 3. Urgency. This ordinance is adopted as an 25 urgency ordinance, effective immediately upon its adoption. The 26 facts constituting urgency are that immediate rezoning of this 27 property is essential to the successful development of low and 28 moderate cost housing for people of low and moderate incomes L IC-393 1 within the City of San Bernardino; the area involved is presently 2 I owned by the Redevelopment Agency of the City of San Bernardino, 3 I which has previously attempted on several occasions to have the 4 II property developed by a redeveloper, each of which prior attempts 5 has failed, and the present proposed redeveloper has obtained 6 assurance of funding through the federal Department of Housing 7 and Urban Development, which funding is conditional upon complete 8 ownership of the property by the redeveloper not later than 9 August 22, 1984, with zoning amenable to development as low and 10 I moderate cost, multi-family housing. Unless this ordinance ]] is adopted and given effect prior to August 22, 1984, the City 12 will lose this opportunity to develop property which it has been 13 trying unsuccessfully to develop for several years, and will 14 lose out on this opportunity to provide safe, sanitary housing ]5 for people of low and moderate incomes at costs they can afford. ]6 I HEREBY CERTIFY that the foregoing ordinance was duly ]7 adopted by the Mayor and Common Council of the City of San 18 Bernardino at a regular meeting thereof, held on 19 the 16th day of July , 1984, by the following vote, 20 to wit: 2] AYES: Council Members Castaneda, Reilly, Marks, 22 Quiel, Frazier, Strickler 23 NAYS: Council Member Hernandez 24 ABSENT: None 25 26 28 of The foregoing ordinance is hereby approved this .#~J,L day W ,1984. 27 -2- MC-393 " I~ I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .n__ In Approved as to form: '//;J ~O f Ca~ 1// ./UiC-,('<> City A torney -3- MC'-393 EXHIBIT "A" PARCEL NO. 1: THOSE PORTIONS OF LOTS 3. 4 AND 5. BLOCK IN THE COUNTY OF SAN BERNARDINO. STATE PLAT RECORDED IN BOOK 7 OF MAPS. PAGE RECORDER OF SAn BERNARDINO COUNTY. STATE AS FOLLOWS: 51. RANCHO SAN BERNARDINO. OF CALIFORNIA. AS PER 2. RECORDS OF THE COUNTY OF CALIFORNIA. DESCRIBED BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF NINTH STREET AND THB WEST LINE OF LOT 31. TRACT NO. 4268. AS PER PLAT THEREOF RECORDED IN BOOK 58 OF MAPS. PAGE 45. RECORDS OF THE COUNTY RECORDER OF SAID COUNTY: THENCE SOUTH ALONG THE WEST LINE OF SAID TRACT 4268 AND ALONG THE WEST LINE OF ELMWOOD ROAD. 40.00 FEET WIDE. TO THE NORTH LINE OF SIXTH STREET. 82.50 FEET WIDE: THENCE WEST ALONG THE NORTH LINE OF SAID SIXTH STREET. TO A POINT WHICH IS 2.208.17 FEET EAST OF THE INTERSECTION OF THE CENTERLINE OF TIPPECANOE STREET AND THE WESTERLY PROLONGATION OF THF. NORTH LIN~ OF SAID SIXTH STREET. SAID POINT BBING THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN THE DOCUMENT. RECORDED MAY 12. 1965. DOCUMENT NO. 18. IN BOOK 6389. PAGE 24. OFFICIAL RECORDS OF SAID COUNTY: THENCE NORTH ALONG THE EAST LINE OF SAID PARCEL. A DISTANCE OF 894.36 FEET TO THE NORTHEAST CORNER THERBOF: THENCE WEST ALONG THE NORTH LINB OF SAID PARCEL. A DISTANCE OF 974.73 FEET TO THE NORTHWEST CORNER THEREOF: THENCE NORTH ALONG THE WEST LINE OF THAT CERT~IN PARCEL DESCRIBED IN THE DEED RECORDED NOVE.'iBER 22. 1923. DOClJI1ENT NO. 39. IN BOOK 826 OF DEEDS. PAGE 70. RECORDS OF SAID COUNTY. TO A POINT WHICH IS 905.2 FEET SOUTH OF THE NORTH LINE OF SAID LOT 5: THENCE ALONG A NORTH LINE OF SAID LAND. EAST A DISTANCE OF 92.3 FEET TO AN ANGLE POINT THEREIN: THENCE NORTH ALONG A WEST LINE OF SAID LAND. A DISTANCE OF 855.2 FEET. MORE OR LESS. TO THE SOUTH LINE OF SAID NINTH STREET: THENCE EAST ALONG THE SOUTH LINE OF SAln NINTH STREET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF LYING EAST OF THE EASTERLY LINE OF PARCEL NO. 1 (DEL ROSA AVENUE. 8B.00 FEET WIDE) AS CONVEYED TO THE CITY OF SAN BERNARDINO BY DOCUMENT RECORDED FEBRUARY 11. 1975. IN BOOK B614. PAGE 536. OFFICIAL RECORDS OF SAID COUNTY. PARCEL NO.2: Le' 8. EXCEPTING THE WEST 470.25 FEET THEREOF AND ALL OF LOT 9. BLOCK 51. RANCHO SAN BERNARDINO. IN THE COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. AS PER PLAT THEREOF RECORDED IN BOOK 7 OF MAPS. PAGE 2. RECORDS OF SAID COUNTY. '. MC-393 .. . . '1" . A-f\.f t 1l. I ~~~ C'.. 4. 0:.:,:. ~':-., -1- ~2"-",.' .f1k'<.:1i>..."'-,- ' ~4""'" ........ '. ~,~....... "Jii~_~~ -,.,.....- - .- '\\~::t ///.1/ --~'. ~;J'~- 823645 EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN NINTH STREET. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 9, SAID POINT BEING SOUTH 0 DEG. 20' 24" WEST (RECORDED SOUTH 0 DEG. 15' 20" EAST); THEREON, A DISTANCE OF 365.30 FEET FROM THE INTERSECTION OF THE NORTHERLY PROLONGATION OF SAID EAST LINE WITH THE CENTERLINE OF BASELINE STREET, 82.50 FEET WIDE; THENCE NORTH 89 DEG. 16' 16" WEST, A DISTANCE OF 10.50 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1,575 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21 DEG. 50' 51", A DISTANCE OF 600.57 FEET;THENCE SOUTH 68 DEG. 52' 53" WEST TO THE EAST LINE OF THE WEST 470.25 FEET TO SAID LOT 8 AND THE POINT OF TERMINATION. EXCEPTING AND RESERVING TO THE STATE OF CALIFORNIA FROM PARCELS 1 AND 2 ALL MINBRAL DEPOSITS, AS DEFINED BY SECTION 6407 OF THE PUBLIC RESOURCES CODE, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE SUCH DEPOSITS FROM THE FOLLOWING DESCRIBED LOCATIONS OIlLY: ONE 150' X 150' SITE, WITS INGRESS AND EGRESS THERETO, TO BE LOCATED ON THE PORTION OF THE PROPERTY ON THE NORTH SIDE OF NINTH STREET AND ONE 150' X 150' SITE,WITH INGRESS AND EGRESS THERETO, TO BE LOCATED ON THE PORTION OF THE PROPERTY ON THE SOUTH SIDE OF NINTH STREET. SAID SITES TO BE LOCATED BY THE STATE, SO AS NOT TO INTERFF.RE WITH REASONABLE DEVELOPMENT OR USE OF THE PROPERTY. PARCEL NO.3: THOSE PORTIONS OF LOTS 3, 4 AND 5, BLOCK 51. RANCHO SAN BERNARDINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT THEREOF RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SJl.ID COUNTY, LYING EAST OF THE EASTERLY LINE OF PARCEL NO. 1 (DEL ROSA AVENUE, 88.00 FEET WIDE) AS CONVEYED TO THE CITY OF SAN BERNARDINO BY DOCUMENT RECORDED FEBRUARY 11, 1975, IN BOOK 8614, PAGE 536, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF NINTH STREET AND THE WEST LINE OF LOT 31, TRACT NO. 426R, AS PER PLAT THEREOF RECORDED IN BOOK 58 OF MAPS, PAGE 45, RECORDS OF THE COUNTY RECORDER L.." 13AID COUNTY; THENCE SOUTH ...LONG THE WEST LINE OF SAID TRACT ~268, AND ALONG THE WEST LINE OF Eh~WOOD ROAD, 40.00 FEET WIDE, TO THE NORTH LINE OF SIXTH STREET, 82.50 FEET WIDE; THENCE WEST ALONG THE NORTH LINE OF SAID SIXTH STREET TO A POINT WHICH IS 2,208.17 FEET EAST OF THE INTERSECTION OF THE CENTERLINE OF TIPPECANOE STREET AND THE WESTE~LY PROLONGATION OF THE NORTH MC-393 " ' ... '^""f\.1 E ':o:t "t R J ... (' ,,"~~ ..."..,.,....-1-1_ .d2::;;';'-":Vr.,.:;".."",~ .~ ~0 "":;;-r.:....~_"':.:~..- ",.~ ~....r...... ':.~~1'*, ~/t:./ _.... i"''''~ ,.-!<-~ 823645 LINE OF SAID SIXTH STREET. SAID POINT BEING THE SOUTHEAST'CORNER OF THAT CERTAIN PARCEL DESCRIBED IN THE DOCUMENT RECORDED MAY 12. 1965. DOCUMENT NO. 18. IN BOOK 6389. PAGE 24. OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH ALONG THE EAST LINE OF SAID PARCEL. A DISTANCE OF 894.36 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL. A DISTANCE OF 974.73 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH ALONG THE WEST LINE OF THAT CERT~IN PARCEL DESCRIBED IN THE DEED RECORDED NOVEMBER 22. 1923. DOCUMENT NO. 39. IN BOOK 826 OF DEEDS. PAGE 70. RECORD~ OF SAID COUNTY. TO A POINT WHICH IS 905.2 FEET SOUTH OF THE NORTH LINE OF SAID LOT 5; THENCE ALONG A NORTH LINE OF SAID LAND. EAST. A DISTANCE OF 92.3 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH ALONG A WEST LINE OF SAID LAND. A DISTANCE OF 855.2 FEET. MORE OR LESS. TO THE SOUTH LINE OF SAID NINTH STREET; THENCE EAST ALONG THE SOUTH LINE OF SAID NINTH STREET TO THE POINT OF BEGINNING. , ' '.