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CITY OF SAN BERNARDINO - REQUEST FOR COUNcn. ACTION
Ff(lm: Michael E. Hays, Director
Subject:
General Plan Amendment No. 96-13 - To
amend the General Plan land use
designation from RS, Residential Suburban,
and CG-l, Commercial General, to RU-l,
Residential Urban, on 14 parcels of land
located between Mt. Vernon and Eureka
Avenues north of Mill Street
Dept: Planning & Building Services
Date: March 6, 1997
~(Q)~W
MCC Date: April 7, 1997
Synopsis of Previous Council Action:
NtA
Recommended Motion:
That the Mayor and Common Council close the public hearing and adopt the resolution which approves
General Plan Amendment No. 96-13.
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Contact person: Michael ~s
Phone: 384-5357
Supporting data attached: Staff Report and Resolution
Ward: 3
FUNDING REQUIREMENTS: Amount: Nt A
Source: (Acct. No.) NtA
(Acct. Description)
Finance:
Council Notes:
Continued to ~'I /,;?/ /17
Agenda Item No. 34
4/1 J q7
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: GENERAL PLAN AMENDMENT NO. 96-13
MAYOR AND COMMON COUNCIL MEETING OF APRIL 7, 1997
OWNER/APPLICANT: PETER S. SOLER
P.O. BOX 4322
WEST COVINA, CA 91791
REOUESTILOCATION
The applicant is requesting a change in the general plan land use designation of a triplex located
at 431-435 S. Pear Street from RS, Residential Suburban, to RU-1, Residential Urban.
Based upon site visits and an assessment of the neighborhood, the Department of Planning and
Building Services included 33 other parcels in the proposal as a recommended alternative,
including a multi-family residential property located in the CG-1, Commercial General, land use
district. The resulting project area is located along Pear Street between Mt. Vemon and Eureka
Avenues and Poplar and Mill Streets (Refer to Exhibit 1, General Plan Land Use & Location
Map).
The Planning Commission modified the proposal to include only 14 parcels (Refer to Exhibit 2,
General Plan Amendment Proposal With P.C. Modification).
KEY POINTS
*
The proposed amendment would change the status of existing multi-family residential.
units in the direct vicinity from "legally nonconforming uses" to "permitted uses" to
encourage their maintenance and rehabilitation.
*
The proposed amendment would not increase the density of the site. Although the RU-1
district allows 8.5 units per gross acre compared to 4.5 units allowed by the existing RS
district, the proposed amendment area consists of existing multi-family units already built
at a higher density than the proposed RU-1 designation.
*
The proposed amendment is internally consistent with the General Plan. Pursuant to
General Plan Policy 1.12.12, it is the policy of the City of San Bernardino to "allow
existing multi-family units to remain as a conforming, permitted use in areas designated
as Residential Urban (RU-1 and RU-2)(I1.1 and 11.2)".
'.
General Plan Amendment No. 96-13
Mayor and Common Council Meeting
April 7, 1997
Page 2 of 3
The Planning Commission Staff Report prepared for the February 18, 1997 Planning
Commission meeting provides the detailed background and analysis of this project (Refer to
Exhibit 3).
COMMENTS RECEIVED
No written comments have been received as of the date of this staff report. However, several
residents appeared and spoke at the February 18, 1997 Planning Commission meeting. Their
concerns revolved on the dilapidation of their neighborhood and the desire to maintain the
existing single-family residences and prevent new multi-family development.
ENVIRONMENTAL DETERMINATION
This project is exempt from CEQA as a general rule [Section 15601(b)(3)]. No new
development is being proposed. Staff completed an Environmental Impact Checklist and all
items were marked "No".
PLANNING COMMISSION RECOMMENDATION
At their February 18, 1997 meeting, the Planning Commission considered comments from the
public and voted to recommend the approval of General Plan Amendment No. 96-13 to the
Mayor and Common Council with a change in the project area proposed by Staff. The Planning
Commission amended the proposed GPA area to include only existing multi-family residences
and one interior vacant parcel (Refer to Exhibit 2, General Plan Amendment Proposal Map).
The vote was unanimous: 5 ayes (Gonzalez, Lockett, Olliel, Schuiling, & Trasher), 0 nayes,
o abstentions, and 4 absent (Enciso, Hamilton, Stone, & Strimpel).
STAFF RECOMMENDATION
Staff recommends that the Mayor and Common Council:
1. Adopt the Resolution to approve General Plan Amendment No. 96-13 to change
the general plan land use designation of fourteen (14) parcels of land generaIly
located along Pear Street between Mt. Vernon and Eureka Avenues and Poplar
and Mill Streets from RS, Residential Suburban, and CG-l, Commercial General,
to RU-l, Residential Urban (APN's: 137-134-01 & 137-161-06, 21, 25, 28, 31,
32, 33, 34, 43, 50, 51, 52, & 53).
'.
. General Plan Amendment No. 96-13
Mayor and Common Council Meeting
April 7. 1997
Page 3 of 3
Prepared by:
GUSTAVO J. ROMO, Assistant Planner
for MICHAEL HAYS, Director of Planning & Building Services
EXHIBITS:
1
2
3
4
General Plan Land Use & Location Map
General Plan Amendment Proposal Map With P.C. Modification
Planning Commission Staff Report (February 18. 1997) and Attachments
Resolution
EXlDBIT 1
r GENERAL PLAN LAND USE- DESIGNATION
-,
-AND LOCATION MAP CASE GPA-96-13
AGENDA
ITEM #
....
MCC HEARING DATE 4/07/97
Adopted 6-2-89
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EXHWIT 2
GENERAL PLAN AMENDMENT NO. 96-13
To.. Ra.. A.reG
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~ COMMISSION PROPOSED
AMENDMENT AREA FROM
AS . co.1 TO RU-1
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EXlDBIT 3
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
.===============================================
CASE:
General Plan Amendment No. 96-13
AGENDA ITEM: 1
HEARING DATE: 02/18/97
WARD: 3
APPUCANT:
PETER S. SOLER
P.O. Box 4322
West Covina, CA 91791
OWNER:
VARIOUS
============================================--=
REQUESTILOCATION -The applicant is requesting to change the General Plan land use designation
of a triplex located at 431-435 S. Pear Street from RS, Residential Suburban, to RU-I, Residential
Urban.
Based upon site visits and an assessment of the neighborhood, the Department of Planning and Building
Services has included 33 other parcels in the proposal as a recommended alternative. The resulting
project area is located along Pear Street between Mt. Vernon and Eureka Avenues and Poplar and Mill
Streets.
===============================================
PROPERTY
ExISrING
LAND USE
LAND USE
nF.~r.I\fATlON
SUBJECT
NORTH
SOUTH
EAST
WEST
Singlo &. Multi-Family Resideacos
Singlo &. Multi-Family 11-"-
Singlo-Family Resideacos
Single-Family JI..,;.wv-
Geaotal Retai1
as, JI..,;d..ntial Suburb8n
as, Resideatial SuburbIIIl
as, Resideatial Suburb8n
as, Roaideatial Suburb8n
00-1, CoIIUIIeICiaI General
GEOLOGIC/SEISMIC YES C FLOOD HAZARD
HAZARD ZONE: NO. ZONE:
HIGH FIRE HAZARD YES C AIRPORT
ZONE: NO. NOISE/CRASH
ZONE:
YES C SEWERS: YES .
NO. NOC
YES C REDEVELOPMENT YES .
NO. PROJECT AREA: NO C
ENVIRONMENTAL FINDINGS:
STAFF RECOMMENDATION:
o Not Applicable
. Exempt
o No Significant
Effects
o Potential Effects,
Mitigating
Measures,
No E.I.R.
o E.I.R. w/ Significant
Effects
. APPROVAL
o CONDmONS
o Significant Effects,
See Attached E.R.C.
Minutes
o DENIAL
o CONTINUANCE
TO:
~
General Plan Amendment No. 96-13
Agenda Item: 1
Hearing Date: February 18, 1997
Page 1 00
REQUEST AND LOCATION
The applicant is requesting to change the General Plan land use designation of a triplex located
at 431-435 S. Pear Street from RS, Residential Suburban, to RU-l, Residential Urban.
Based upon site visits and an assessment of the neighborhood, the Department of Planning and
Building Services bas included 33 other parcels in the proposal as a recommended alternative.
The resulting project area is located along Pear Street between Mt. Vernon and Eureka Avenues
and Poplar and Mill Streets (Refer to Attachment A, General Plan land Use Designation And
Location Map).
CALIFORNIA ENVIRONMENTAL QUAUTY ACT (CEQA) STATUS
This project is exempt from CEQA pursuant to Section 15061(b)(3). No development is
proposed. An Environmental Impact Checklist was completed by Staff and all items were
marked "no".
DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
Single-family and multi-family residential land uses are "permitted" within the RU-lland use
district per Section 19.04.020 of the Development Code. Many of the properties in the proposed
GPA area are presently legally nonconforming "multi-family residential" land uses within the
RS land use district. Pursuant to General Plan Policy 1.12.12, it is the policy of the City of San
Bernardino to "allow existing multi-family units to remain as a conforming, permitted use in
areas designated as Residential Urban (RU-l and RU-2)(Il.l and 11.2)". As such, this proposal
is in conformance with the City of San Bernardino Development Code and General Plan.
BACKGROUND
General Plan Amendment No. 96-13 was requested by the property owner of an existing triplex
located at 431,433, & 435 South Pear Street. The proposal was made after the owner became
aware that the triplex bad lost its "nonconforming use" status and would have to be converted
into a single-family dwelling. General Plan Amendment No. 96-13 was reviewed by the
Development Review Committee (ORe) on December 19, 1996. The project was cleared to the
Planning Commission with a recommendation for approval.
General Plan Amendment No. 96-13
Agenda Item: 1
Hearing Date: February 18, 1997
Page 2 of3
ANALYSIS
Site and Area Characteristics
The site consists primarily of multi-family residential structures ranging from duplexes to an 81-
unit apartment complex. Of the 34 parcels 9fOposed for the General Plan Amendment, 18
(53%) consist of the following uses: 4 duplexes, 3 triplexes, 3 quadplexes, one 12-unit complex,
one Bl-unit complex, 4 vacant parcels, and two parcels serving for easement purposes. The
~aining parcels contain single-family houses.
A mixture of single-family and multi-family residential structures surround the site to the north,
east, and south. Commercial uses are present along Mt. Vernon Avenue west of the site and
within the CG-l, Commercial General, land use district. The nearest multi-family land use
district (RU-l) is appIOyimately one-quarter ofa mile northwest of the proposed GPA site (Refer
to Attachment A, General Plan Land Use Designation And Location Map).
Density
Under the RU-l designation, all vacant parcels would have the opportunity of being developed
at a density of eight (8) units per gross acre. Currently, the maximum density in the existing
RS designation is 4.5 units per gross acre. The density for existing single-family parcels may
be increased under the proposed RU-l designation if the requirements of the Development Code
are met. However, based on the configuration and size of the existing parcels, an increase in
density would be minimal, if any.
EXISTING LAND USE DESIGNATION
The RS, Residential Suburban, land use district is intended to promote the development of
single-family detached units. More than 50% of the existing land uses within the proposed GP A
area are presently nonconforming to this land use district.
PROPOSED LAND USE DESIGNATION
The RU-l, Residential Urban, land use district is intended to promote the development of
detached and attached units, duplexes, mobile home parks, and small lot subdivisions as part of
a planned residential development. The RU-l land use district would make all existing
nonconforming "multi-family residential" land uses "permitted" within the proposed GPA area.
In addition, single-family residential land uses would remain permitted uses within the RU-lland
use designation.
General Plan Amendment No. 96-13
Agenda Item: 1
Hearing Date: February 18, 1997
Page 3 of3
COMMENTS RECEIVED .
No comments have been received as of the date of this staff report.
CONCLUSION
General Plan Amendment No. 96-13 is conmuent with the City of San Bernardino General Plan
Policy 1.12.12 and is in accordance with all applicable Development Code Standards.
Furthermore, the proposal is not subject to CEQA based on Section lS061(b)(3).
RECOMMENDATION
Staff recommends that the Planning CommiqiOll recommend to the Mayor and City Council
approval of General Plan Amendment No. 96-13 based on the Findings of Fact (Attachment C).
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MICHAEL ~.. J.~
Director of Planning and Building Services
~r
GUSTAVO J. ROMO
Assistant Planner
ATTACHMENTS:
A - General Plan Land Use Designation And Location Map
B - Site Plan and General Plan Amendment Proposal
C - GP A Findings of Fact
ATTACHMENf "A"
GENERAL PLAN LAND USE DESIGNATION
"
AND LOCATION MAP CASE GPA.96.13
HEARING DATE 2/18/97
AGENDA
ITEM #
Adopted 6-2-89
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ATIACHMENT "B"
GENERAL PLAN AMENDMENT NO. 96-13
RS mt PROPOSED AMEMlMM L
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ATIACHMENT C
FINDINGS OF FACT FOR
GENERAL PLAN AMENDMENT NO. 96-13
1. The proposed amendment is internally consistent with the General Plan. The proposal
meets the General Plan's goal to "allow existing multi-family units to remain as a
conforming, permitted use in areas designated as Residential Urban (RU-1 and RU-
2)(11.1 and 11.2)" (General Plan Policy 1.12.12).
2. The proposed amendtnent would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that the proposed land use designation is in
accordance with the existing multi-family residentia1land uses. In addition, single-family
residentia1land uses would remain permitted in the RU-1land use designation.
3. The proposed amendment would maintain the appropriate balance of land uses within the
City. The proposed amendment area will remain as a residential district. No change to
commercial, industrial, or other type of designation is proposed.
4. The subject site is physically suitable for the requested RU-1land use designation. Over
50% of the proposed GPA area is presently occupied by multi-family residential land
uses which were legally permitted and reviewed when first constructed. Furthermore,
no development is proposed at this time.
RESOLUTION NO.
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
AMENDMENT NO. 96-13 TO THE GENERAL PLAN OF THE CITY OF SAN
3 BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Recitals
(a)
WHEREAS, the General Plan for the city of San Bernardino
was adopted by the Mayor and Common council by Resolution
No. 89-159 on June 2, 1989.
(b)
WHEREAS ,
the
amendment
proposal
and
associated
development project was reviewed for compliance with the California
Environmental Quality Act (CEQA) and based upon the preliminary
review, the project was found to be exempt from CEQA pursuant to
CEQA Guidelines !il5061 (b) (3) which states that CEQA applies only to
projects that have the potential for causing a significant effect
on the environment.
(c)
WHEREAS, on December 19, 1996, the city's Environmental
Review Committee concurred with the findings of staff's preliminary
review for CEQA and recommended that the Planning commission
recommend to the Mayor and Common Council that a Notice of
Exemption be filed with the San Bernardino county Clerk of the
Board if the project is approved.
(d)
WHEREAS ,
the planning Commission conducted a noticed
public hearing on February 18, 1997 in order to receive public
testimony and written and oral comments on General Plan Amendment
No.
96-13,
a proposal to change the General Plan Land Use
Designation from RS, Residential Urban,
and CG-l,
Commercial
27 General, to RU-1, Residential Urban, on fourteen (14) parcels of
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land generally located along Pear street between Mt. Vernon and
Eureka Avenues and poplar and Mill streets and fully reviewed and
considered the Planning Division staff report and the
recommendation of the Environmental Review Committee.
(e) WHEREAS, the Mayor and Common Council held a noticed
public hearing and fully reviewed and considered proposed General
Plan Amendment No. 96-13 and the Planning Commission and
Environmental Review committee recommendations and Planning
Division Staff Report on April 7, 1997.
(f) WHEREAS, the adoption of General Plan Amendment No. 96-13
is deemed in the interest of the orderly development of the city
and is consistent with the goals, objectives and policies of the
existing General Plan.
SECTION 2. Environmental Determination
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
and Common council that the proposed amendment to the General Plan
of the city of San Bernardino is ex_pt from the California
Environmental Quality Act pursuant to the California Environmental
Quality Act Guidelines U5061(b) (3) which states that CEQA applies
only to projects that have the potential for causing a significant
effect on the environment and as such, the proposed amendment is
hereby ratified, affirmed and adopted.
SECTION 3. Findinas
BE IT FURTHER RESOLVED by the Mayor and Common Council of the
City of San Bernardino that:
A. The proposed amendment is internally consistent with the
General Plan in that it meets the General Plan's goal to
"allow existing multi-family units to remain as a conforming,
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A.
permitted use in areas designated as Residential Urban (RU-1
and RU-2) (X1.1 and X1.2)" (General Plan Policy 1.12.12).
The proposed amendment would not be detrimental to the public
interest, health, safety, convenience, or welfare of the city
in that the proposed land use designation is in accordance
with the existing mUlti-family residential land uses. In
addition, single-family residential land uses would remain
permitted in the RU-1 land use designation.
The proposed amendment would not affect the balance of land
uses within the city in that the proposed amendment area will
remain as a residential district. No change to commercial,
industrial, or other type of designation is proposed.
The amendment site is physically suitable for the requested
RU-1 land use designation in that over 50% of the proposed GPA
area is presently occupied by mUlti-family residential land
uses which were legally permitted and reviewed when first
constructed. Furthermore, no development is proposed at this
time.
SECTION 4. Amendment
BE IT FURTHER RESOLVED by the Mayor and Common Council that:
The Land Use Plan of the General Plan of the City of San
. Bernardino is amended by changing fourteen (14) parcels of
land from RS, Residential Suburban, and CG-1, Commercial
General, to RU-1, Residential Urban. This amendment is
designated as General Plan Amendment No. 96-13 and its
location is outlined on the map entitled Attachment A and
further described in Attachment B, copies of which are
attached and incorporated herein by reference.
3
General Plan Amendment No. 96-13 shall become effective
immediately upon adoption of this resolution.
SECTION 5. Man Notation
This resolution and the amendment affected by it shall be
noted on such appropriate General Plan maps as have been previously
adopted and approved by the Mayor and Common council and which are
on file in the office of the city Clerk.
SECTION 6. Notice of Exemntion
The Planning Division is hereby directed to file a Notice of
Exemption with the County Clerk of the County of San Bernardino
certifying the City'S compliance with California Environmental
Quality Act in determining that the project is exempt from the Act.
IIII
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1 RESOLUTION. . .ADOPTING GENERAL PLAN AMENDMENT NO. 96-13 TO THE
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of
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GENERAL PLAN OF THE CITY OF SAN BERNARDINO.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a
meeting thereof, held on the
day of
, 1997, by the following vote, to wit:
Council Members
AID
BAn
ABSTAIN
NEGRETE
CURLIN
ARIAS
OBERHElMAN
DEVLIN
ANDERSON
MILLER
ABSENT
city Clerk
The foregoing resolution is hereby approved this
, 1997.
day
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES
city
F. PENMAN,
ttorney
. }.
5
. .
ATIACHMENT A
.
CG-1,
Tax Rate Area 137-I~
7/67,70/2
GENERAL PLAN AMENDMENT NO. 96-13 '
AS @ .: -. PROPOSED ANENDMENT "L.,
, " , ' ,FROM RS II CG-1 TO RU-1 \' "
mlEET, REVISED: 2/18/97,.
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GPA-"-13 PROPOSBD AMBlmBD PAReBLB:
Assessor Parcel Numbers:
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6