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HomeMy WebLinkAbout05-17-1989 Minutes . . . J City of San Bernardino, California May 17, 1989 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at the Adjourned Regular Meeting held at 9:10 a.m., Saturday, May 13, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said meeting held on Saturday, May 13, 1989, at 9:10 a.m., and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said Order which was posted at 4:40 p.m., Saturday, May 13, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 1:20 p.m., Wednesday, May 17, 1989, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Phil Arvizo, Executive Assistant to the Council. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Estrada. ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, Deputy City Clerk Reese, Acting City Administrator Robbins. Absent: None. PUBLIC COMMENTS There were no public comments. (AI JUVENILE FIRES ETTER INTERVENTION PROGRAM - BRENDA JO RICE - CONSIDERATION OF FINANCIAL STATUS - CONTINUED FROM MAY 15, 1989 This is the time and place continued for consideration of the financial status of the Juvenile Firesetter Intervention Program, administered by Brenda Jo Rice. At the meeting of May 15, 1989, a memorandum dated May 9, 1989, from Ken Henderson, Director of Community Development, was presented. It provided background information regarding a number of program areas that were found not to be in compliance with certain federal, state and local regulations during a program and - 1 - 5/17/89 I . financial audit of the Juvenile Firesetter Intervention Program. This program was approved for CDBG funding in July, 1988. Ken Henderson, Director, Community Development, stated they had been waiting for additional information to be provided by the Juvenile Firesetter Intervention Program, especially the Articles of Incorporation and the tax exempt nonprofit status of the program. Mr. Henderson explained that they have now received those documents. However, his Department is not prepared to approve the claims for reimbursement for claims for the months of January, 1989, through May, 1989, because the documentation supporting those claims is not adequate. Brenda Jo Rice, 3721 W. Meyers Rd., stated when she had met with Mr. Edward Flores, there were some misunderstandings of what had transpired, and requested that she meet with the City Auditor and Director of Finance to work out the problems. Mr. Henderson stated that he had requested and received a memorandum from the Director of Finance delineating the documentation needed to support the payment of the costs of the program. He also conferred with the City Attorney's Office. Mr. Henderson answered questions regarding the approval of the Firesetter Intervention Program. . Deputy City Attorney Wilson stated that it had been determined that, under applicable federal regulations, Ms. Rice, may be entitled to reimbursement of those costs incurred prior to her presenting the full documentation as a nonprofit organization. It was the position of the City Attorney's Office that she would be entitled to those monies. Council Member Miller made a motion, seconded by Council Member Maudsley and unanimously carried, that the matter regarding the Juvenile Firesetter Intervention Program be continued to May 18, 1989, at 1:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. REQUEST FOR OUT OF STATE TRAVEL - POLICE DEPARTMENT _ ONE DAY WORKSHOP "GRANT APPLICANTS FOR FUNDS FROM THE FIGHTING BACK PROGRAM OF THE ROBERT WOOD JOHNSON FOUNDATION" - MAY 25, 1989 - NASHVILLE, TENNESSEE _ CAPTAIN DAN ROBBINS - CONTINUED FROM MAY 15, 1989 This is the time and place continued to for consideration of a request for out-of-state travel to attend a one day workshop for "Grant Applicants for Funds from the Fighting Back Program of the Robert Wood Johnson Foundation", at Vanderbilt University, Nashville, Tennessee on May 25, 1989, for Captain Dan Robbins, Police Department. . At the 1989, from meeting of May 15, 1989, a memorandum dated May 11, Police Chief Burnett was presented to the Mayor and - 2 - 5/17/89 . . Common Council, explaining the background of the Workshop. The workshop will address the demand side of the drug problem. Capt. Dan Robbins, Police Department, was present to answer questions. He stated that Tracy Bunts, Drug Coordinator, City Schools, will accompany him to the meeting. He stated that he did not anticipate that any others will be attending. He explained that the City will incur the costs for the trip, which he estimated would be under $2,000 for two people. Capt. Robbins answered questions regarding persons with grant writing experience. Council Member Maudsley made a motion, seconded by Council Member Flores, that Captain Dan Robbins and two or three selected members of the community be authorized to attend a one-day workshop in Nashville, Tennessee at the Vanderbilt University to provide pertinent information in the pursuit of a two-year development grant for $200,000 and a five-year implementation grant for $3,000,000 associated with a program to be developed to address the demand side of the drug problem in the City of San Bernardino. The motion carried by the fallowing vote: Ayes: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: Council Member Reilly. Absent: None. . COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY - ADJOURNED REGULAR MEETING The Adjourned Regular Meeting of the Community Development Commission/Redevelopment Agency was called to order by Mayor Wilcox in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO _ DEVELOPMENT OF A NORTON ECONOMIC EXPANSION PLAN _ CONTINUED FROM MAY 15, 1989 This is the time and place continued to for consideration of a proposed cooperation agreement between the County of San Bernardino, the City of San Bernardino, and the Redevelopment Agency of the City of San Bernardino for development of a Norton Economic Expansion Plan. Documents were not available at this time. . Council Member Estrada made a motion, seconded by Council Member Maudsley and unanimously carried, that the proposed cooperation agreement regarding the development of a Norton Economic Expansion Plan be continued to 1:00 p.m., Thursday, May 18, 1989, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. - 3 - 5/17/89 . . . COUNCIL MEMBER REILLY - STATEMENT REGARDING ABSENCE Council Member Reilly stated he had been absent from several previous General Plan Hearings, but had kept up to date on those hearings and actions by listening to tapes of meetings and reading letters and other documents. He requested advice from the City Attorney as to whether his participation would jeopardize the hearings today. Deputy City Attorney Empeno advised and the Mayor and Council that it would be fully participate in the General Plan meeting. Council Member Reilly permissible for him to proceedings at this RECESS MEETING At 1:37 p.m., the meeting was recessed for a three minute break. RECONVENE MEETING At 1:50 p.m., the Adjourned Regular Meeting was reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, Deputy City Clerk Reese, Acting City Administrator Robbins. Absent: None. GENERAL This is adoption of PLAN HEARING - LAND the time and place the General Plan. USE MAP set to continue hearings on the (1) Larry Sharp, representing the San Bernardino Area Chamber of Commerce, read from a letter dated May 10, 1989. They made the following recommendations: Issue 1 Page 69 - 1.13.13 - Provide 100 percent density bonus for senior citizen housing. Page 69 - 1.13.30 - Delete reference to minimum lot size for RM District density. Page 69 - 1.13.31 - Delete reference to minimum lot size for RMH District density. Issue 2 Page 71 - 1.14.10 - Change Slope/density formula to read: - 4 - 5/17/89 Slope (%) Units Per Acre . 0-15 * 3.0 15-25 * 1.5 25-30 0.5 30+ 0.1 Page 72 - 1.14.13 - Increase allowable density transfer by a maximum of 100 percent from 50 percent. Page 72 - 1.14.14 - Permit attached units throughout the Hillside Management Overlay District. Issue 3 Page 82 - 1.17.10 - Add to permitted uses: retail centers". "region-serving Issue 4 Page 85 - 1.19.10 - Ad to permitted uses: facilities". "self-storage Issue 5 Page 110 - 1.36.10 - Eliminate a a permitted use: "hotels". . Issue 6 Page 519 - I12.4 Draft, General Plan. "sensitive facilities" - Reinstate language of Public Hearing Do not include single-family homes as subject to a 100 ft. fault set-back. Planning Director Kilger stated it was his understanding that Issue No.6 was not within the Land Use Element. Therefore any action on that would be deferred to deliberations. Ernest Riffenburgh with the law firm of Gresham, Varner, Savage, Nolan, and Tilden, 600 North Arrowhead Avenue, Suite 300, stated he was representing Block Brothers Development, owners of Shandin Hills Project. He spoke regarding two parcels of property: 1. Northeast corner of Interstate 215 north-bound off ramp and University Parkway. They are requesting that the designation of that property be changed from the existing suggested MH/RL, the RL being the underlying designation, to a Commercial General CG underlying use. He felt the unique location of this property is suited to a commercial use and is not suited to a residential use. . 2. Property located on a 7.9 acre parcel located immediately northwest of the existing Stater Center along Kendall Drive. They requested that property be changed from the existing R-U to - 5 - 5/17/89 . a RMH 18, or Commercial General. Both of those designations would be consistent with the surrounding land uses, which are primarily commercial and high density residential. These properties are included in Audit Trail II, Area 11, as Items 27 and 60. Mr. William R. Sikes referred to a letter previously submitted, which is included in Audit Trail III, Attachment "Q". The properties being referenced are located at 1557, 1561, 1571, and 1956 North "E" Street and include twelve existing businesses. He requested that the area not be down-zoned, as that would create a financial hardship on those businesses. Mr. Hal Heywood spoke regarding the proposed change of zoning parcel of land now commercial at 1948 North "E" Street where his business is located. He also stated that he was speaking for Mr. Robert A. Bakken whose property is located at 1932 North "E" Street, Lots 5 and 6, who has requested the zoning to remain heavy commercial. He stated that he, Mr. Bakken , and Mr. Sikes own the entire west side of the block of "E" Street between 19th and 20th Street. He requested that the zoning on all this property remain commercial zoning. . Mary Motrenec, 253 E. 10th Street, owner of property at 2356 Macy Street requested that the zoning remain C-l at that address to allow an existing auto repair garage to remain. Mr. Dana Pankey, spoke regarding property at 1551 North "0". He stated that the entire west side of that block is proposed to be CO-I. On the east side it is proposed R-M, but with spot zoning on the corner of CO-I. He requested that the entire east side of "0" Street in the 1500 block be made consistent with CO-I. Leo Lyons, 2526 Lincoln Drive, stated he owns property on the north side of Kendall Drive between "F" and "H" Streets, on which there are auto related businesses. He wanted to be sure that type of business could continue at that location. He stated he understood the proper zoning would be CG-l. (Mr. Lyons' letter is included in Audit Trail III, Attachment M.l Frank Tracadas, 463 N. Sierra Way, spoke regarding property located on the south side of Highland Avenue west of Muscott. He referred to a letter dated May 17, 1989, in which he stated the recommended zoning designation for the northern portion is CG-l and the remainder is RS. He requested that the zoning be the same for the entire property and that it be CG-l which would be consistent with the area located just to the east which is proposed CO-I. . Edward Locke, regarding the old South "E" Street, representing the U. S. Postal Service, spoke General Mail Facility property located at 1331 which is the southeast corner of "E" Street and - 6 - 5/17/89 . Blood Bank Road. that can operate changed to IL or He stated they have been unable to find tenants under the CG zoning, and requested the zoning be OIP. (Audit Trail II, Area 2, page 3.) Michael B. Schneider, 1240 W. Lambert #74, La Habra, representing Cove Development Corporation, spoke regarding property located near the southwest intersection of Kendall and Palm. (Audit Trail I, page 17) He requested a CG use in place of the proposed RU zoning. The request was originally denied by the CAC and the Planning Commission primarily because of the Homeowners Association in Verdemont. Since that time, that group has withdrawn their disapproval. He was again requesting a CG use. Craig Williams, Reid & Hellyer, 599 N. Arrowhead Avenue, on behalf of the Highland Hills Properties and Rancho San Andreas Company, thanked the Mayor and Council for their participation in the settlement of San Bernardino Superior Court Case regarding the Highland Hills Specific Plan 82-1. He stated that it has been included in Table IA as being superceded, and requested that that designation be reconsidered as being incorporated. . John Edwins, 445 South Arrowhead, Suite B, spoke regarding property located at University Parkway and Hallmark, where they plan to develop a University Plaza Project, which includes a hotel, restaurant, banking facility and gift shop, under CUP 87-60. He stated they were denied CG zoning and given a recommendation for a maximum height of 30'. He requested that the Common Council allow appropriate zoning of CG-l to process the development and an amendment which allows for building height over 30' on land not abutting residential units. Woodie Tescher, Consultant with Envicom Corporation, stated he thought the intent of the CG height limit was for commercial property abutting residential property in terms of protecting that property. The property in question is unique in that it abuts a freeway. Charles Garner, 25775 Toluca Dr., spoke regarding property at 641-663 W. 5th. He stated the property had been downgraded, and requested it be zoned CG-l to allow for auto services. Mel Harrison, 1500 Greenview Dr., La Habra, spoke regarding property at the southeast corner of Ohio and Palm. He requested that the 7200 square foot lot zoning be retained. Richard Bristow, 5655 Edgemont Dr., spoke regarding property at 741 Baseline. He requested that instead of split zoning of CG-2 and RM, that all the property should be zoned CG-2. He stated he had talked to owners of the property in that area, and they agreed that they would like that entire portion of Baseline zoned CG-2. . - 7 - 5/17/89 . Jack Vanderwoude, 577 North "D" Street, addressed the Hillside Overlay. He stated he felt the provisions in the Hillside Management Overlay and restrictive slope calculations were much too restrictive and the City is loosing upscale housing to neighboring cities such as Highland, Grand Terrace and Corona. Gene Pensiero, 4040 La Hacienda, spoke regarding property at 898 North "E" Street. He also spoke for other members of the automotive industry. He requested the maintenance of the commercial zoning (now CH) on the area generally located between Sixth and Baseline between Waterman and the 1-215 Freeway. As an alternate, create an "Auto Row" designation that would allow the continued existence of this trade area. He expressed concern that his property might become a non-conforming use in the future. Planning Director Kilger answered questions regarding what constitutes auto repair. He stated there was no difficulty with the type of repair that is usually done in an auto dealership, provided its done with proper setbacks and sound control. He stated they wanted to stay away from the very heavy types of auto repair, such as auto salvage, body painting shops where they abut residential areas. . Mr. Kilger answered questions regarding the time frame reaching a decision on the type of use that will be allowed. explained that they are planning to adopt an ordinance to use the first 45 days, refine the language and come back within to nine months with all the revised land use districts. for He for six Mr. pensiero expressed concern that there could be discrimination shown between various types of auto repair services. He stated he had signatures from approximately 33 persons who had auto related businesses in the area and requested the maintenance of the long standing commercial zoning. Jerry Lair, City Towing, 530 W. 10th Street, stated that Auto Medics had moved to the corner of 10th and "E", where they had newly remodeled the facility. However, the City would not issue a Certificate of Occupancy, so they were not able to use the facility because of a change in zoning. Planning Director Kilger explained that it was his understanding that the original activity had opened without a Certificate of Occupancy, so the issue was not so much that it was not a permitted use, but that they hadn't gone through the proper permit procedure. Linden is that the which broke Auto Medics I Malki, 565 W. 9th Street, explained that the problem previous occupant failed to get the proper permit, the continuous auto use which is now affecting the request to do business there. . - 8 - 5/17/89 . Ernest Ramirez, 24987 Court Street, Lorna Linda, stated he had bought property at 24858 Laurelwood for the purpose of establishing an auto body repair service, and was told by the real estate salesman and the Planning Department that use would be permissible. On May 16, 1989, he came to Planning for permits for improvements on the property and found that the zoning had been changed to CR-3, and he could not have an auto body repair shop there. He requested that the zoning be CG so he could conduct his business. Principal Planner Bautista answered questions regarding the zoning in that area. Planning Director answered questions about the future use of the property in this area, and stated that this will be discussed under deliberations. Steve Brodie, 792 Linda Flora Dr., Los Angeles, stated that he owns property on the northwest corner of 5th Street and Interocean. He stated he understood there had been a recommendation to change the zoning from C-l to Medium or Heavy R-3. He explained that area has always been commercial and described the various business in the area. He stated the property would not be suitable for residential use. . Mr. Brodie also spoke of Mountain and Lynwood, units and is proposed to other uses in the area, cleaning establishment and think it was feasible to about property on the northwest corner which was previously R-3 for multiple be Suburban Residential. He described which include a mobilehome park, a several apartment units. He didn't develop single family homes in that area. Albert Cohen, 13273 Ventura Blvd., Studio City, spoke regarding property located on the northeast corner of 6th and Sterling. The property was designated in the IPD as RMH-15, but was recommended by staff to be Industrial Light. The Planning Commission had recommended RMH-15. (Audit Trail II, Item 20, Page 9, Area 7) He requested that the Planning Commission recommendation of RMH-15 be upheld. A discussion ensued regarding the proposed building of military housing in this area for Norton Air Force Base, or whatever use is finally adopted for that facility. Mr. Cohen contended that additional housing would be needed in any event. He explained that the property in question is surrounded on three sides by R-3 zoning. The City of Highland has issued permits for R-3 use around this property. . Courtney Buse, San Bernardino resident, spoke regarding housing in the city, and stated that rental housing is difficult to find and thought that the City is on the verge of a new building cycle, both in rental and permanent type of housing. - 9 - 5/17/89 . Charles Schultz, Reid & representing Cable Lakes, which stated he had three requests: Hellyer, 599 N. Arrowhead, is located in the Verdemont Area 1. Cable Lakes has two tracts, 12756 and 13172, which were zoned in the Verdemont Plan Residential Medium, RS-7. The current General Plan proposes a 10800 square foot lot, which is RL. He requested a land use designation of RM Residential Medium. 2. On property located at the corner of Little League, adjacent to the pet cemetery, he requested a designation of C-N, Commercial Neighborhood. It is currently designated in the General Plan as RL. 3. In the Verdemont Area Plan the setback requirement was for a 25' setback. The IPD changed it to 35'. The staff recommended a 25 I setback on April 18, 1989. He stated that a 25' setback was appropriate regardless of the land use designation and requested it be retained. Mary Ann Caldwell requested that her property located at 2078 N. Waterman be zoned to allow a small sit-down restaurant or office use. The property is located near doctors' offices, a clinic and approximately three homes. . Planning Director Kilger answered questions, stating that the property in question could be converted into office type of use, provided that all other requirements, such as building permits, and parking, were met. Will Sturm, 3617 Hemlock Drive, spoke about property in the the foothills east of Hemlock Drive and north of Willow Drive, which are hillside lots of approximately one acre. He explained that he served as a neighborhood representative opposing high density in a proposed tract adjacent to their area. He stated that his neighborhood desired the one acre maximum density or lot size compatibility previously accorded to the Valencia Street properties. Kevin Mitchell, 1250 N. Lassen Street, spoke property located at the northwest corner of Belmont League Drive, and requested it be zoned RL. regarding and Little Mr. Mitchell also spoke regarding property located on Baseline at Lassen. He stated it has been zoned M-lA and asked if the "A" could be removed, and have the designation M-l. Vince Bautista, Principal Planner, answered questions, stating that the IL designation is intended to take the place of M-l and M-lA. . Ernest Fisher, spoke regarding property at 1554 N. Stoddard. (He also spoke at the meeting of May 13, 1989, and his request is - 10 - 5/17/89 . included in Audit Trail III, Item B27, and Attachment "S"). He requested a zone change from RMH to CG-l to maintain his business that has operated in that location since 1978. J. Gordon, 1826 West Highland, spoke of property on the north side of 19th Street, east of California, and referred to Audit Trail II, Area 6, Item 42. He requested a reversal of the Planning Commission recommendation and that the zoning be changed from RS to RM. He explained the various uses surrounding the property and thought that the property could be upgraded into some type of multi-family use. RECESS MEETING At 3:58 p.m., break. - FIFTEEN MINUTE BREAK the meeting was recessed for a fifteen minute RECONVENE MEETING At 4:18 p.m., the Adjourned Regular Meeting of Common Council reconvened in the Council Chambers 300 North "D" Street, San Bernardino, California. the Mayor and of City Hall, . ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; Deputy City Attorney Empeno, Deputy City Clerk Reese, Acting City Administrator Robbins. Absent: None. GENERAL PLAN HEARING RESUMED Harold Anderson, 10033 Brookshire, spoke regarding property on the northwest corner of Kendall and Mountain. (Audit Trail II, page 13, Item 28) He stated that the Planning Commission recommended it be rezoned from RM to CG-l, and requested that the Council honor that recommendation. Ernest Riffenburgh, attorney with Gresham, Varner, Savage, Nolan and Tilden, 600 North Arrowhead Avenue, representing Parkside Medical Corporation, explained that the C.U.P. concerning the rehabilitation of a medical facility on property located at 2730 North "E" Street had been upheld by the Council. He explained that the CG is not spot zoning in a residential area. The original zoning was taken into account to reflect that the Laurel Manor Hospital had existed there for many years. The Parkside Medical Corporation has spent $800,000 to purchase the property and will spend approximately one million dollars to rehabilitate the property. Randy Swing, 496 W. Parks ide Hospital being site to be rezoned CO residential. 25th Street, stated he was opposed to located on "E" Street and preferred for such uses as doctors' offices, the the or . Mary Jane Wilson, 2796 E Street, spoke against the proposed hospital. She explained the background of the uses of the - 11 - 5/17/89 . property. She stated the property should be zoned R-l, and that the neighboring residents should not have to worry about having the proposed type of hospital in that location. Barbara Bruzinski, 484 W. 25th Street, requested that the spot zoning of CG for the property proposed for the hospital on North "E" Street be removed, which is out of conformity with the surrounding area, which is residential. It was her understanding that the City did not want to expand CG land uses in areas of the City which are residential, as there is already a surplus of CG zoning in the City. For the record, she stated that the only gentlemen who spoke in favor of the hospital was not a resident of San Bernardino. She suggested that the facility could be used as a senior citizen center. . James Wirth, 1980 Sierra Way, stated he was acting as a representative of the residents of the area near the proposed hospital on north "E" Street. He spoke of the non-conforming commercial use in a nice residential neighborhood, and asked why this was done when there is already a surplus of commercial land in the City. He asked that the Council remove the CG zoning at 2730 North "E" Street, and asked that the implementation ordinance of the General Plan be worded in such a way as to prohibit such a project from being grand fathered in. He also stated that if the City Council does not reverse the spot zoning on "E" Street and adopt an appropriate General Plan Implementation Ordinance, that the residents intend to place an initiative before the voters requiring that every aspect of the General Plan receive voter approval. Planning Director Kilger answered questions regarding the zoning designation at 2730 North "E" Street. Mr. Wirth stated the only existing use in this area that is not residential is a dental laboratory adjacent to this site. Denise Caldera, 2696 Acacia, stated that her property adjoins the property at 2730 "E" Street. She explained that when she purchased her home, she had studied the area for a suitable, safe site. At the time, there was a convalescent hospital on the adjoining property. She expressed concern that rehabilitation is not always effective, and some of the patients could be dangerous. . Linden Malki, 565 W. 9th Street, explained the different levels of auto repair: tune up repair is one extreme; body work and a paint shop is the other extreme. She stated that most of the auto dealers would prefer CH zoning, as it is a more feasible land use and reflects the long term zoning. She thought that CG-2 would be appropriate for a part of 9th Street over to the Freeway, as there is mixed use in that area. She stated that she would be happy to discuss this matter with the Council. - 12 - 5/17/89 . Joyce Jacobs; 1994 E. Citrus, Redlands, requested that CO zoning along the east side of Western Avenue at the corner of Trenton, to be extended about 150' to the south. The property was further defined as the north half of Lots 97 and 96, and the request was to consider putting a CO designation on the rear half of those lots. Presently, the CO designation comes down to the northern line of those two lots. Planning Director Kilger answered questions, stating that the request may be very difficult to implement without going through a lot split and lot line adjustment, which cannot be guaranteed at this time. He stated this matter can be considered during deliberations. Planning Director Kilger stated there were some items to be read into the record prior to closing the public hearing. The letters will be included in Audit Trail II. Mary Lannier, Planner I, read correspondence into the record as follows: l. Lynwood. and would A petition from residents within the They do not want this area designated prefer that it remain single family. area of of 1490 for apartments, . 2. request Street. A letter from Bill Nessel, stating he concurred with the for a CG Commercial designation at 1956 North "E" 3. A letter from Daniel Salter regarding an area which is basically a Central City South Redevelopment Project Area, bordered by Inland Center Drive, 215 Freeway, "E" Street, and Mill Street. The designation proposed is IL and Mr. Salter requested a CG-l designation. 4. Harvey Olsan concurred CG-l designation of the Central Area list in item 3 above. with the previous request for a City South Redevelopment Project 5. A request from Jim Brickly Construction Company, regarding property located at 953-955-957 W. Reece Street. This area is north of Baseline, west of the 1215 Freeway and railroad tracks. The designation is for CG-2. He is requesting Commercial, Light Manufacturing designation because there is no access onto Baseline from his property and he wants to retain industrial uses. 6. Ronald A. Brandt, P. O. Box 541, Garden Grove, requested a designation of Light Industrial for lots north of Walnut Street between Muscott and Artesian. He does not want the R-l designation. . 7. Martin Rohr of Rohr Steel, P. O. Box 251, Baldwin Park, requested a designation for 400 South Allen Street which will - 13 - 5/17/89 . . . permit a steel fabrication operation and include outdoor storage and work. 8. A letter from Russell Merwin, P. O. Box 1088, Fontana, requested a Commercial General designation for property located at 888 Medical Center Drive (between 8th and 9th Streets). 9. A letter from Ludwig Engineering, 109 E. Third Street requested to have a Commercial Office designation for the parcels located west of Waterman between 3rd and Bryant. 10. Letter from the U. S. Postal Service. considered earlier in the meeting. (See page 6) (The matter was 11. An Audit Trail form from Robert Morningstar, a representative from Cal Trans, expressed concern regarding a right-of-way designation at Route 330 Freeway corridor and the proposed change from Residential Suburban to Commercial General. Planning Director Kilger answered questions, explained the background of this matter and stated it will be further discussed in deliberations. 12. An Audit Trail form from Edward Goede, 1501 S. Riverside, Rialto, concurred with the Planning Commission recommendation for a designation near Norton Air Force Base, at Central Avenue east of Tippecanoe, which was designated as PF and has been recommended for IH. 13. A request from Council Member Reilly to review the zoning on the 1300 block on "0" Street. This item is listed in Audit Trail III. 14. A 1200 block designation. request from Council Member Reilly to consider the of Stoddard where the residents requested an RS (See Audit Trail III) 15. A request from Council the designation of Commercial Crestview be extended. Member Reilly Office along to reiterate that 21st Street to 16. request Wabash to A request from Council Member Reilly to consider the for a multi-family designation on "0" Street, from 14th Street. (See Audit Trail III). 17. A adj acen t to designation. Suburban. petition from the residents south of 9th Street the City of Highland for a request for RM The Planning Commission had designated Residential Deputy located on inclusive, City Attorney Empeno, Jr., recommended that nine lots Tract No. 3948, beginning with Lot No. 70 through 89 at the intersection of Mesa and Duffy Streets, be - 14 - 5/17/89 . designated PP, Public Parks Land Use designation; This action is related to the Southern Pacific Train derailment of May 12, 1989 and is requested pursuant to an agreement that was reached on May 16, 1989, between Southern Pacific Transportation Company and the City of San Bernardino. He stated that Southern Pacific Transportation Company had agreed to purchase those residential properties, raze the buildings and to maintain the property as open space. They will also landscape the property and grant a beautification easement to the City. (See additional comments, page 16) Mr. Empeno answered questions, stating that it was his understanding that the agreement provides that after the property has been landscaped and sprinklers installed, the City shall maintain it. He explained that with such a land use designation, the City is open to claims of compensation to the property owner. Given the agreement with Southern Pacific to purchase the property, they felt that Southern Pacific would be responsible for any such claims. He stated that this designation would preclude any build back of residential units on the property. . Vince Bautista, Senior Planner, pointed out that a parcel located on Waterman Avenue north of Highland and south of SR 30, across from the Mt. View Cemetery, was incorrectly designated on the 1,000 scale map. However, it is shown correctly on the 2,000 sale map as CG-l, and the correction will be made on the 1,000 scale map. Mr. Bautista stated that a letter had been received from a representative of a nine acre parcel located on Tippecanoe, south of Central Avenue, south of Norton Air Force Base. It was indicated on the General Plan Map as being publicly owned. That was in error, as it privately owned. Staff is correcting that by changing it from PF Public Facility to IL, Light Industrial. Mr Bautista spoke regarding a parcel located on the east side of Sierra Way north of Highland Avenue. He stated that a change needed to be made to indicate that it was the intent to designate CG-l only to include the locations of the existing commercial uses. Mr. Bautista explained that there was another map error between the 1,000 scale map and the 2,000 scale map. A portion of 40th Street between the Flood Control Channel and 2nd Street, which is North "E" Street, was inadvertently shown as RM, Residential Medium. It should have been CG-l. . Mr. Bautista spoke regarding a parcel of land located off of California Street, just below the State Route 30 right-of-way. The only access is from California, a triangular parcel. The intent was to make it RM Residential Medium. Instead, it was designated Residential Suburban in error. A letter from the owner, Basher Ahmad, was received. - 15 - 5/17/89 . Mr. Bautista stated there are a number of items on Audit Trail II where speakers came before the Planning Commission and a decision made, either approving or denying the request. Those people did not appear before the Common Council, but they are all on record. Deputy City Attorney Empeno answered questions, stating that it was not necessary to hear each of the requests individually. During deliberations, these will be considered at the pleasure of the Mayor and Common Council. They can be taken in groups, or individually. Deputy City Attorney Empeno referred to statements made earlier in 'the meeting regarding nine lots which the City Attorney's office had requested be designated PP. He added that on all the lots except for two, all the buildings have been completely demolished. It was their feeling that the property is unsafe and that a condemnation action against the property would be successful. If the property owner is not willing to sell directly to Southern Pacific Transportation Company, then the City Attorney's office would be willing to institute condemnation action and require the property owners to sell to the City and in turn be reimbursed by Southern Pacific Transportation Company for those costs. (See page 14) . CLOSE PUBLIC HEARING ON LAND USE MAP Council Member Flores made a motion, Member Maudsley and unanimously carried, testimony on the Land Use Map. seconded by to close the Council public TESTIMONY ON LAND USE TEXT Planning Director Kilger explained that there were several documents he would like to be considered prior to closing the public testimony on the Land Use Text. These related to Open Space, the RU District, and the status of the existing Land Use Map, primarily that which focused on the Highland Hills Project. Mr. Kilger suggested that these documents be presented at this meeting, then public testimony on the Land Use Text could be closed and deliberations begin at tomorrow's meeting. OPEN SPACE Valerie Ross, Senior Planner, presented an overview of the Open Space language. She referred to a document to the Mayor and Common Council from Mr. Kilger, dated May 16, 1989, subject: Open Space. She stated that this language is based on comments received at various public hearings. She stated that even though there is not an Open Space Element, the Plan does have everything that an Open Space Element would require. It has been disbursed throughout the Plan. . Planning Director Kilger and Consultant Woodie Tescher answered questions and further explained the Open Space language. - 16 - 5/17/89 . RU LAND USE DESIGNATION Planning Director Kilger explained that the document, page numbers 71 and 72 relative to the RU designation, which has been distributed, responds to questions that have been raised relative to densities and other issues regarding this designation. Vince Bautista, Principal Planner, explained that from the beginning of the preparation of the IPD and through the Draft Land Use Plan, it was staff's intent to have the RU designation as a single family designation as opposed to multi-family. He asked that the Mayor and Council consider staff recommendations. He referred to Policy 1.12.3~, page 71, where staff has indicated its proposed changes in a cross out, underline version. Mr. Bautista answered questions, stating that mobile homes would be permitted in any residential designation and are not limited to RU. A discussion ensued regarding the RU designation and the requirements for second units or granny units. Council Members expressed concerned regarding the proposed changes in the RU designation, as it appeared to be a different concept than had previously been presented and would be detrimental to improving the central part of town. . Deputy City Attorney Empeno answered questions, stating that whether or not to approve the changes in the RU designation as presented today is entirely a policy decision of the Council. Mr. Empeno stated that State law provisions permit the City to provide for what they call granny housing by the use of a C.U.P. or other types of discretionary permits and allows the City to develop those standards. It also permits the City to adopt a local ordinance permitting second units. If the City does not have its own local ordinance, then it falls back on State law requirements which require the City to approve a second unit providing that the conditions of the State law are met. But approval of the 6,~~~ square foot minimum that is proposed for the second or granny units and the 9,68~ square foot minimum for duplexes are within the Council's discretion. ADJOURNMENT At 5:5~ p.m., Council Member Minor made a motion, Council Member Flores and unanimously carried, that be adjourned to l:~~ p.m., Thursday, May 18, 1989, in Chambers of City Hall, 3~~ North "D" Street, San California. seconded by the meeting the Council Bernardino, . ~~~~ Deputy C'ty Clerk - 17 - 5/17/89