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Home My WebLink About44-City Clerk CITY OF SAN BERNaRDINO - REQUEST '"R COUNCIL ACTION -.om: Shauna Clark, City Clerk Subject: Conditions of approval for tracts 14604 and 13630 Dept: City Clerk's Office Date: 03/12/90 Synopsis of Previous Council action: 03/05/90: Mayor and Council approved Tentative Tracts 14604 (northeast corner of Magnolia and Ohio) and 13630 (northeast corner Belmont and Magnolia) on March 5, 1990 with a set of revised conditions. Recommended motion: That the list of revised conditions for Tracts 14604' and 13630 as submitted by the City Clerk and as approved by Deputy City Attorney Empeno, the Director of Planning and Building Services, Larry Reed, and the applicants for each tract, be approved, and that the City Clerk be instructed to incorporate these revised conditions into the minutes of March 5, 1990. CY~#/?/~~ / Signature Contact person: Shauna Clark, City Clerk Supporting data attached: Staff Report/Revised Conditions Phone: Ward: 5 FUNDING REQUIREMENTS: Amount: Source: (Acet, No,) (Ace!, Description) Finance: ~ouneil Notes: 75-0262 Agenda Item No 4'/ CITY OF SAN BERN,,-ADINO - REQUEST FvR COUNCIL ACTION STAFF REPORT On March 5, 1990, the Mayor and Council approved Tract 14604, Sierra Engineering, applicant, located at the northeast corner of Magnolia Avenue and Ohio Avenue and also approved Tract 13630, Joseph Bonadiman, applicant, located at the northeast corner of Belmont and Magnolia Avenues. At the time of the hearing, Deputy City Attorney Empeno submitted a document showing proposed findings of fact in support of three motions that the Council could make at the appeal hearing. In the case of each tract, the Council chose the third set of findings and proposed motion, which resulted in the approval of the tract with additional infrastructure financing and timing conditions. The Council closed the appeal hearings, upheld the appeals, adopted the mitigated negative declarations along with the mitigation monitoring/report programs, and approved the tracts subject to modified conditions of approval, standard requirements contained in the Planning Commission's staff report, (Exhibit E-- as modified) and the additional infrastructure financing and timing conditions contained in Exhibit "0" (as modified). Because I felt that the final action needed clarification, I asked Diane Copeland, Deputy City Clerk, to put together a document listing those revised conditions and findings adopted on March 5, 1990, and to submit them to Henry Empeno, Larry Reed and the applicants for each tract for their approval. Those revised conditions are included in the backup to this item. Each set of revised conditions and findings has been approved by Henry Empeno, Larry Reed, and the two applicants: Joe Bonadiman and Bud Roberts. The conditions listed here are the revised conditions only and do not represent the entire set of conditions for these tracts. I am requesting that the Mayor and Council approve these revised motions as attached and order that they be approved as the action taken on March 5, 1990, and included in the minutes of that meeting. 75,0264 THE FOLLOWING IS THE CITY CLERK'S OFFICE INTERPRETATION OF THE ACTION TAKEN MARCH 5, 19 90, CONCERNING TRACT 14604 SIERRA ENGINEERING NORTHEAST CORNER OF MAGNOLIA AVENUE AND OHIO AVENUE. The appeal hearing was closed. The appeal was upheld. The mitigated negative declaration was adopted along with the mitigation monitoring/reporting program. Tentative Tract No. 14604 was approved subject to modified findings of fact, and modified conditions of approval, and standard requirements contained in the February 6, 1990, Planning commission staff report (Exhibit "E" listed below as modified) and the additional infrastructure financing and timing conditions contained in Exhibit "D" - listed below as modified). Attachment "B" to Exhibit "E" - Findinas of Fact as Modified l. The requested subdivision is consistent with the minimum lot development standards of the RL, Residential Low, land use designation and is consistent with the General Plan adopted by the Mayor and Common Council on June 2, 1989, in that the density of the proposed tract is 2.83 dwelling units per gross acre while the plan will allow 3.1 dwelling units per gross acre. 2. All lots created meet Municipal Code requirements in that each rectangular lot has a minimum width of 80 feet (88 feet on corner lots) and depth of lOO feet. The irregular lots meet Code requirements. 3. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor serious public health problems nor public safety problems in that adequate infrastructure to support this development and future development in the Verdemont area will be provided in a timely manner and that development will occur according to the conditions of approval and standard requirements contained in this report. 4 . The proposed tract meets or exceeds the minimum requirements of the City's Subdivision Ordinance (Title 18) and the State Subdivision Map Act. All lots will have frontage on dedicated streets. 5. All proposed streets meet the minimum requirements of the Department of Public Works for street improvements. 1 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision in that no public agency has stated comments regarding required easements. Modifications to Exhibit "D" Infrastructure Financina. Additional Verdemont Area Conditions of Approval 23. The developer or any successor in interest to any portion of the subdivision shall participate in the establishment of assessment district (s) or other approved financ ing plans for "right-of -way improvements" and "public improvements" (improvements) and shall sign and record an agreement which guarantees payment of their proportionate share of these improvements at the time of issuance of building permits. "Public Improvement" shall mean the acquisition, construction and installation of drainage facilities, park facilities, fire station facilities and landscaping as described in the Engineer's report dated January 2, 1990. "Right of Way improvements" shall mean the acquisition, construction and installation of full width streets as described in the Engineer's report dated January 2, 1990, in the following locations: Those certain portions of Palm Avenue between Verdemont Avenue and Kendall Drive which are immediately adjacent to undeveloped lots Walnut Avenue Irvington to Belmont Belmont to Ohio (portions) Irvington Pine to Olive (portions) Olive to Magnolia Olive Avenue Verdemont Avenue to Ohio Ohio to Belmont (portions) Belmont to Irvington Olive Avenue Pine to Palm (portions) Palm to west of Little League Drive Little League Drive Verdemont Avenue Little League Drive to Palm Avenue Palm to Pine (portions) Frontage Road Magnolia Avenue Verdemont Avenue to Little League Drive 2 p, 1 ,,,.......,.... -''-' I 1'\.1 ......,.JC,.l ...... I 1..L..c:r~x,. 03.14.1',9(< 13::,4 I t.L NU: l'(l"~l:l.q FF:Of" S! E;;'F'j.7.I E:ll3 I tlEE;:' I tFj .. .. ~rvin~ton to Verdemont ::: In~~ ~14 Palm to City Limits (Devore) Cable CAnyon ~oAd Meyer. Road to rrontage Road (new roadway) Meyere Road Little League Or. to new Sectien New Seotion to Cable CAnyon !Almont Avenue Pine to Olive (limited portions) Olive to ~alm (portions) ~Alm to jUlt pA.t Little LeCliue Orive 24. A letter Authorized by the School Board ahall be lu~~1tted to the Planning snd Buildino Service a Department prior to permits bAi~O issued statinQ th.t AdequAte fAcilit1e& are available to larve the increase in student enrollment generated by this development. Approved by Approved by Approved. by 3 Ohio Avenue Pin. to Palm (portions) PGlm to west of Little League Drive DatElI j -1-'(> Datel ? -y-?C;; ~ / c/" I () DAtel ~ - THE FOLLOWING IS THE CITY CLERK'S OFFICE INTERPRETATION OF THE ACTION TAKEN MARCH 5, 1990, CONCERNING TRACT l3630 - JOSEPH BONADlMAN - NORTHEAST CORNER OF BELMONT AND MAGNOLIA AVENUES. The appeal hearing was closed. The appeal was upheld. The mitigated negative declaration was adopted along with the mitigation monitoring/reporting program. Tentative Tract No. 13630 was approved subject to modified findings of fact, and modified conditions of approval, and standard requirements contained in the January 23, 1990, Planning Commission's staff report (Exhibit "E"- listed below as modified) and the additional infrastructure financing and timing conditions contained in Exhibit "D" - listed below as modified). Modification to Exhibit "E" Approval - Attachment "C" Standard Conditions of 18. Lot 35 will be buildable with the understanding that the developer is required to furnish five adul t ( 24" box) trees for the Verdemont area for each eucalyptus blue gum removed from Lot 35. Attachment "B" to Exhibit "E" - Findings of Fact as Modified 1. The requested subdivision is consistent with the minimum lot development standards of the RL, Residential Low, land use designation and is consistent with the General Plan adopted by the Mayor and Common Council on June 2, 1989, in that the density of the proposed tract is 3.06 dwelling units per gross acre while the plan will allow 3.l dwelling units per gross acre. 2. All lots created meet Municipal Code requirements in that each rectangular lot has a minimum width of 80 feet (88 feet on corner lots) and depth of 100 feet. The irregular lots meet Code requirements. 3. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor serious public health problems nor public safety problems in that adequate infrastructure to support this development and future development in the Verdemont area will be provided in a timely manner and that development will occur according to the conditions of approval and standard requirements contained in this report. 1 4 . The proposed tract meets or exceeds the ml.nl.mum requirements of the City's Subdivision Ordinance (Title l8) and the State Subdivision Map Act. All lots will have frontage on dedicated streets. 5. All proposed streets meet the minimum requirements of the Department of Public Works for street improvements. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision in that no public agency has stated comments regarding required easements. Modifications to Exhibit "0" Infrastructure Financina. Additional Verdemont Area Conditions of Aooroval 29. The developer shall comply with all applicable provisions of Resolution No. 89-116 adopted by City Council on April 17, ,1989, concerning development timing within the Verdemont area. 30. The developer or any successor in interest to any portion of the subdivision shall participate in the establishment of assessment district(s) or other approved financing plans for "right-of-way improvements" and "public improvements" (improvements) and shall sign and record an agreement which guarantees payment of their proportionate share of these improvements at the time of issuance of building permits. "Public Improvements" shall mean the acquisition construction and installation of drainage facili ties, park facilities, fire station facilities and landscaping as described in the Engineer's report dated January 2, 1990. "Right of Way Improvements" shall mean the acquisition, construction and installation of full width streets as described in the Engineer's report dated January 2, 1990, in the following locations: Those certain portions of Palm Avenue between Verdemont Avenue and Kendall Drive which are immediately adjacent to undeveloped lots: 2 Walnut Avenue Irvington to Belmont Belmont to Ohio (portions) Olive Avenue Verdemont Avenue to Ohio Ohio to Belmont (portions) Belmont to Irvington Magnolia Avenue Verdemont Avenue to Little League Drive Little League Drive Irvington to Verdemont Meyers Road Little League Drive to New Section New Section to Cable Canyon Belmont Avenue Pine to Olive (limited portions) Olive to Palm (portions) Palm to just past Little League Drive Irvington Pine to Olive (portions) Olive to Magnolia Olive Avenue Pine to P~lm (portions) Palm to west of Little League Drive Verdemont Avenue Little League Drive to Palm Avenue Palm to Pine (portions) Frontage Road Palm to City Limits (Devore) Cable Canyon Road Meyers Road to Frontage Road (new roadway) Ohio Avenue Pine to Palm (portions) Palm to west of Little League Drive 31. A letter authorized by the School Board shall be submitted to the Planning and Building Services Department prior to permits being issued stating that adequate facilities are available to serve the increase in student enrollment generated by this development. ,E, BON~DIMR~ ~SSOC, TEL lie ,714-:,::-17'::1 . .. - .' - -, .' -- -- - - . . ,',,:;=-C3-"3::: Fhl 1":::',,:: IIJ:I__ ,. ,:,-EFi I . .,. Approved by TEL r-~I]: 17l~3;:\:;: 4 i'l a r , _ _' .. "'- ... '- ....-. . ..... - .0 ... ... - -. ill '=,1 PC:~ Datel J-9..91) Dote' ~ ..<(- ftJ Oate1 3 - is'''' 90