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OVERVIEW OF LAND USE AND URBAN DESIGN POLICY
The Land Use and Urban Design Element establishes goals, objectives, policies, and
programs for the manner in which new development will occur and existing uses and
resources will be conserved in the City of San Bernardino. These address each of the
following fundamental issues (number in parentheses refers to the issue number listed
in the Goals, Objectives, and Policies):
A. What types and amounts of land use should be accommodated in the City (1)7
B. How should land uses be distributed throughout the City (2)7
C. What should be the functional role, uses permitted, and physical form and character
\ of the City's land use districts (3)7
D. What should be the future role and character of Norton Air Force Base (4)7
E. What should be the future role and character of the railroad yards (5)7
F. How should buildings be maintained in the City (6)7
G. What should be the physical and visual quality of development (7)7
H. How should development be linked with the provision of supporting infrastructure
(8)7
I. How should development be related to the City's environmental resources and
hazards (9)7
J. What should be the relationship of land use development to public safety (10)7
K. What lands should be annexed to the City and what should be their priority (11)7
L. How should the public continue to participate in land use decisions (12)7
The goals, objectives, policies, and programs of the Land Use and Urban Design
Element are intended to reinforce the City of San Bernardino as the dominant regional-
serving center (or "capital") of the Inland Empire and, at the same time, provide the mix
of uses appropriate for the needs of and which establish a high quality of life for the
City's residents.
In earlier years, San Bernardino was the principal center of commerce, employment,
service, and culture of the southeastern California area. Over time, this role declined as
competitive centers developed. The land use policy of this plan is directed at the
provision of opportunities to reinforce and "recapture" this role; intensifying and
enhancing existing and introducing new uses which attract the patronage and meet the
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-needs of the greater region. Among these are employee-generating commercial and
industrial, corporate and professional office, visitor- and convention-serving,
governmental, educational, cultural, and similar uses. Further, the land use policy
provides opportunities which capitalize on the City's location at the "entry" to the
greater Los Angeles metropolitan area (as a major transportation "hub") and San
Bernardino Mountains.
Specific opportunities to continue and strengthen San Bernardino's region-serving role
provided by land use policy include:
A. Intensification of "downtown" San Bernardino with governmental and professional
offices, convention facilities, hotels, cultural facilities, supporting retail and
restaurants, and high-density residential;
B. Intensification and upgrading of Central City and Inland Center Malls with new
department and ancillary retail stores;
C. Intensification and introduction of permanent, year-round commercial, and
commercial-recreational uses at the National Orange Show site;
D. Intensification of the Tri-City /Commercenter area with professional and corporate
offices, hotels, supporting retail and restaurants, and high-density residential;
E. Establishment of a "corridor" flanking "E" Street and linking downtown San
Bernardino with the Tri-city /Commercenter area in which new major regional-
serving uses may be located;
F. Reuse of the Santa Fe railroad depot and adjacent properties as a high-intensity
mixed-use center, incorporating specialty commercial, industrial, transportation, .
and related uses and establishment of a linkage to the downtown area;
G. Possible reuse of Norton Air Force Base for aviation-related industrial and
commercial uses;
H. Establishment of a "corridor" containing corporate offices along Waterman Avenue;
I. Expansion of job-generating industrial uses in the west side, southwest of Norton
Air Force Base, and northwest along 1-215;
J. Continued development of the California State University campus; and
K. Flexibility to accommodate other region-serving uses which are compatible with
other uses, environmental constraints, and infrastructure capacities.
Land use policy, further, provides opportunities which support and achieve a high
quality of life for the City's residents. It accommodates a mix of residential and
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supporting commercial service, educational, recreational, cultural, and entertainment
uses.
Specific opportunities to continue and strengthen San Bernardino's residential-serving
role provided by land use policy include:
A. Preservation of existing "stable" and significant residential neighborhood;
B. Recycling and upgrading of "mixed-density" and deteriorated residential
neighborhoods;
C. Expansion of high quality residential development into the City's hillsides and
periphery within the constraints of environmental and infrastructure resources;
D. Development of higher quality multi-family residential units (architecture, structure,
inclusion of site amenities, etc.) which are compatible with their neighborhood
setting;
E. Increased compatibility between residential and abutting commercial and industrial
land uses;
F. Maintenance and enhancement of neighborhood-serving commercial uses;
G. Continuation of existing and development of new "village-like" neighborhood
commercial centers;
H. Recycling of under-utilized commercial areas into more efficient and economically
viable centers along portions of Mount Vernon Avenue, Base Line Street,and
Highland Avenue;
I. Establishment of a community "ethnic" themed commercial center on Mount
Vernon, between 4th and 8th Streets; and
J. Continuation and enhancement of existing and new development of parks, schools,
public services, and other community-serving uses uniformly distributed
throughout the City.
The land use and urban design policy contained in this plan is intended to establish
order and focus for the City's land use pattern. It organizes land uses around key
region- and community-serving districts and corridors (downtown, Tri-
City/Commercenter, "Regional Opportunities Corridor", Norton, Cal State, railroad
yards, Waterman Avenue, corporate park, local-serving commercial "strips" and
"villages", etc.), links these by transportation, and provides linkages to major open
space resources (Santa Ana River, Cajon and Lytle Creeks, and the San Bernardino
Mountains). These key "centers" are differentiated by use and development intensity
and should be recognized throughout the City and region.
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Land Use and Urban Design policy provides for the linkage of development with
available and expanded streets, transit, sewers, water, storm drainage, energy,
communication, and other public infrastructure and services. It is intended that the
timing of development be phased with the provision of necessary infrastructure/ service
improvements and their costs be distributed on a pro rata basis to beneficiaries.
Plan policies provide for the protection of significant environmental habitats in the City;
particularly those located in the foothill drainages, Santa Ana River, Cajon Creek, and
Lytle Creek. In addition, the Plan provides for the limitation of critical development in
high earthquake hazard areas (fault zone and liquefaction areas) and increased
standards for development in high wind and fire hazard areas.
The key element of the Land Use and Urban Design policy is the Land Use Plan
(contained in the rear pOcket), which depicts the permitted type and density/intensity
of use for all lands within the planning area. Lands have been categorized according to
residential, commercial, industrial, office-industrial, and public uses. Table 3 indicates
these categories, their principal uses, and densities.
Development in accordance with the Land Use Plan will accommodate 26,028
additional dwelling units. Of these, 12,956 are single-family units (50%) and 13,072 are
multi-family units (50%). This would accommodate a population increase of 65,070.
The Plan will permit the development of an additional 36,551,621 square feet
commercial (office and retail) and 50,774,408 square feet of industrial and office-
industrial uses. Table 4 indicates the amount of new development which will be
accommodated by each land use category.
In addition, the Land Use Plan will provide open space resources for the City's
residents Catezories of open space in a city are As defined by Section 65560 of the
Government Code.. The following indicates the General Plan's open space components
iRel.t1Eie: whose Plan map designations and salient characteristics and standards are in-
dicated in Table 4A:
A. Managed Production of Resources: The Plan designates lands for the production of
the sand and gravel resources in the Cajon and Lytle Creek and Santa Ana River.
Agricultural uses are perimtted as an interim use in areas of Class I and II soils.
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TABLE 4
Estimated General Plan Buildoutl
Changes From Existing Use
Buildout
Acres of Dwelling Building
Use Chan~e2 Units Square Feet
Residential
Estate (RE) 977 604
Low (RL) 1,313 a;a46~
Suburban (RS) 794 !;939~
Urban (RU) 1,027 ~5.728
Medium (RM) 922 8,554
Medium High (RMH) 208 3,851
High (RH) 26 667
Hillside Management (MH) 3,734 2,095
Commercial
Regional (CR) 163 9,075,074
General (CG) 485 11,463,326
Office (CO) 294 11,129,361
Neighborhood (CN) 43 1,271,973
Heavy 195 3,611,887
Industrial and Office-
Industrial Park
Light and Office 1,395 36,470,175
(IL and OIP)
Heavy 547 14,304,233
Extractive 1,134 NA
Total 26,928 28.044 (ComU 36,551,621
Ond) 50,774,408
Population Increase: 65,919 70.110
Source: Envicom Corporation.
1. Includes City and Sphere of Influence.
2. Includes development of vacant lands. intensification of development (e.g., single-family to multi-
family), and recycling to another use.
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TABLE 4A
Open Space Lands
Land Use Map Characteristics/
Type of Space Desi~ation Standards 1
Managed Production of
Resources
. Sand and Gravel Industrial Extractive (IE) Permits sand and gravel
operations consistent with
SMRA.
. Agriculture Any Permits as an interim use in \
Class I and II areas.
Outdoor Recreation
. Existing Parks Public Parks (PP)
. New Parks Any Expansion of parklands by land
(Mini, Neighborhood, acquisition, dedication, in-lieu
Community, Regional) fees, Quimby fees, and other
techniques; standard of 5 acres/
1,000 population.
. Equestrian Trails Conceptual Trail System Development on public lands
(Figure 42); Public Flood (Santa Ana River, Cajon Creek,
Control (PFC) and other Lytle Creek) or private lands
by dedication or easement.
. Public/Quasi Public Public Commercial Continuation and expansion of
Golf Courses, Recreation (PCR) existing uses
Exhibition/Festival,
and Other
Preservation of Natural
Resources
. Significant Biological Biological Resources Preserves riparian corridors
Resources Management Overlay (except as necessary to protect
(BRM) public health and safety) and
requires development to
maintain "integrity" of
significant resources.
1. Pertinent Plan policies are contained in Appendix B.
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· Wildlife Corridors
· Hillsides
Protection of Health and
Safety
· Faults
· Fire Hazard
· Geologic Hazards
· Flood Hazards
Other
· Utility Corridors
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TABLE 4A (Cont.)
None
Hillside Management
Overlay (HM)
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Study to determine feasibility
and location of corridors to
provide wildlife linkage from
San Bernardino Mountains to
Cajon/Lytle Creeks and Santa
Ana River; on public lands, or
by land acquisition or
easements.
Requires development to
preserve character of hillside
areas (15% slope and greater);
limits cut and fill building pads
to 25% and less, "stepped"
footings between 25% and 40%;
and no development above
40%; promotes clustering to
preserve open space.
Seismic Risk Management Requires 10D-foot setback from
Overlay active fault, and limits type of
development (e.g., no Critical
Facilities)
Provides for the establishment
of a greenbelt buffer for
residences.
Prevents development on
"known" landslides.
Retains existing public flood
control facilities and lands and
prohibits development in 10D-
year flood plain without
mitigation.
Fire Hazard Overlay
Hillside Management
Overlay (HM)
Flood Plain Overlay
and Public Flood Control
(PFC)
Public Facility (PF)
(narrow easements and
corridors may not be
depicted)
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Maintains as open space or for
utility purposes.
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B. Outdoor Recreation: The Plan designates existing parklands and commercial
recreation areas and provides for the expansion of parklands commensurate with
population growth at a standard of 5 acres for each 1.000 residents. Standards and
implementation procedures are defined for the acquisition and development of the
parks throughout the City. rather than the identification of specific sites to avoid
inverse condemnation. A full range of park facilities will be provided. including
Mini. Neighborhood. Community. and ~onal Parks. The Plan provides for the
potential use of the Santa Ana River. Cajon Creek. Lytle Creek. and public flood
control corridors for recreational activities which are compatible with their charac-
teristics and intended public safety pw:pose. Additionally. the Plan provides for the
establishment of an equestrian trail system linking the foothills and River and Creek
drainages.
C. Preservation of Natural Resources: The Plan designates a Biological Resources
Management Area (BRM) in the foothills and in the foothill drainages, Santa Ana
River, Cajon Creek, and Lytle Creek which regulates development to protect
significant plant and wildlife resources. It provides for the determination of
ap,propriate locations for the establishment of one or more open space corridors link-
ing the foothills with the River and Creeks as open space for wildlife migration. In
addition, the Plan provides for the management of development in hillside areas
exceeding 15 percent and prohibits development on all slopes exceeding 40 percent
to protect these as open space resources.
D. Protection of Public Health and Safety: The Plan designates the zones of the San
Andreas and San Jacinto faults as a "Seismic Risk Managemenf' overlay wherein
development is managed, including open space setbacks, to protect life and property
from seismic hazards. Additionally, the Plan prohibits development on known
landslides. In the foothill high fire hazard areas. the Plan provides for the
establishment of a greenbelt buffer beyween residential development and natural
open spaces.
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APPENDIX B
Open Space Resources Policies
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The following indicates the General Plan policies which provide for and maintain open
space resources in the City of San Bernardino Planning Area. These correspond to the
resources listed in Table 4A (Chapter One, Section 1.0, Land Use and Urban Design).
Open Space Resource
Policy References1
Managed Production of
Resources
· Sand and Gravel
1.4.1,1.34.10,1.34.11,1.34.30-32,10.7.1-7,10.8.1-11,
10.9.1-5
· Agriculture
1.4.2
Outdoor Recreation
· Existing and New Parks
1.1.6,1.37.10,9.1.1-14,9.21-7,9.3.1-10,9.5.1-2
9.1.9
· Equestrian Trails
· Public/Quasi Public
Commercial
Recreational
1.1.5,1.35.10,1.35.20,1.35.30-31,1.36.10-11,1.36.20,
1.36.30
Preservation of Natural
Resources
· Significant Biological
Resources
1.4.3,1.14.33,1.14.36,1.47.1,7.9.9,9.3.2,10.1.1,
10.2.1-6,10.3.1-4,10.4.1-3,10.5.1,10.6.1-3
· Wildlife Corridors
10.4.1-3
· Hillsides
1.1.9,1.14.10-1.14.41,10.1.1,10.2.1-10.2.6,10.3.1-4,
10.4.1-3
1. Policy numbers are revised by the Planning Commission.
B-1
Open Space Resource
Protection of Health
and Safety
· Faults
· Fire Hazard
· Geologic Hazards
· Flood Hazards
Other
· Utility Corridors
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Policy References
1.14.34,1.48.1,12.1.1-2,12.4.1,12.4.3
1.48.4,8.6.1,15.2.1,15.2.3,15.2.4
1.14.33,1.14.34
1.5.2,1.48.3,7.9.5-8,16.1.1-4
1.5.3
B-2
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TOIl. Mayor Wilcox and members of San Bernardino's City Council
2. Parkside Medical Services Corp.. Richard L. Ponder. Reg. Dir.
3. Mr. Brad Kilger, Planning Director. Ci1fEC~f/marr'~EiTR'fdino
From.
Concerned residents of the city of San Bernardino
'89 MAY 16 P4 :33
FACTS YOU NEED TO KNOW, THE FACTS SPEAK FOR THEMSBTvtS
THE
Fact 1. A drug and alcohol rehabilitation center has been proDosed
for a North "E" Street sitel a small snot on the map surrounded by
residential use zonings West to Mt. Vernon Ave., East to Del Rosa
Ave., South to Highland Ave., and North to the crosstown freeway.
Fact 2. Thus there is no doubt the site's Commercial General (CG)
70ninF. permittinr a drug and alcohol rehab center or any CG use
such as an auto repair - gas station, fast food drive-thru, etc.,
is a snot zoning - a zoning totally out of conformity with th" rest
of the-area.
Fact 3. It has been the intention of the city not to expand CG
land uses in areas of the city which are residential. Besides that,
the city already has a surplUS of CG zoned land, according to Plan. Dent.
Fact 4. A CG use of the spot on North "E" Street allows a drug and
alcohol rehab center within a very close proximity to a grade school
playground, the Holy Rosary School playground facing "D" Street.
Easy access from the drug/alcohol center to the school is nrovided
by the open park across the street from the proposed center and
directly adjacent to the school's playground.
Fact 5. A person needing a drug or alcohol rehabilitation program
is a person still addicted and under the influence of these drugs,
has a greater potential for committing a violent or uncontrollable
act.
Fact 6. The developer was opposed to the possibility of being
required to have a private security guard at the center, should the
police department find that the drug and alcohol facility was
creating additional law enforcement problems.
Fact 7. All residents attending Monday's city council meeting are
in favor of rehabilitation of drug addicts and alcoholics.
Fact 8. All of the San Bernardino residents attending the may 15th
city council meeting are in favor of an additional drug and alcohol
treatment program in our city, provided that such a center is
located at a site who characteristics are conducive for such a use.
Examples of appropriate areas would include additional units within
the area's acute care hospitals where auxilIary staff from other
departments could be drawn upon should the need arise and where
24 hour security service is already provided.
Fact 9. An appropriate use of the site on North "E" Street
COUdld. be to acc~modat~ senior citizen/congregate caTe housirg
an Wl th th~ 50~,. densl ~y bonus the city's new General PI an waul d
allow at ~hlS sl~e,.thls becomes a very viable option. Another
option WhlCh ~e bell eve wo~ld be a more than fair compromise, is
to give the Slte a commerclal office only zoning. A commercial
office zoning would also create the economic incentive a developer
would desire.
Fa~t 10. To permanently solve the problem of proDosed developments
whlch are not conforming to the area, the North "E" Street spot
zoning needs to be corrected on the General Plan Land Use Map at
the city council meeting to be held at City Hall on Wesnesday,
May 17, 1989 at 1100 P.ri'. '
Fact ~l. We respectfully ask all concerned citizens. esnecial1 y
coun~ll members Jack Reilly and Norine Miller. to make every effort
posslble to be present at the City Council Land Use meetin~ on
May 17th. and also any subsequent follow-up meetings.
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MAY 10 '89 12:32 HILL,_FARRER&BURRILL
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HILL, FARRER & BURRILL
A "'AII"I'HU"M'" INe:WOING PROPESaIOMAI. CORPORATION&
.rrOANIEYS AT 1..AW
THIRTY-FIFTH FLOOA-UNION SANK SOIJA~r.
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WILL.IAM Jo4. IIlnING-
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FREDERICK oJ. RYAN, JR.
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OEA'" E. DENNie
WU.1.rAM A. WHIT'
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May 10, 1989
A. .,l. WILL 11"1-1.'2)
WM. "'_ 'AAAIiR U.Ct4-1.7Il
STANJ..U S. .URl't11.1. (/.Oa.181')
"A "I\O'1i:55;O~AIo I;OA'"OtU.TIQN
The Honorable Evlyn Wilcox, Mayor
City of San Bernardino
300 North "0" Street
San Bernardino, California 92418
RE: Draft City of San Bernardino General Plan
Draft Environmental Impact Report
Dear Mayor Wilcox:
The following comments are intended to bring to your
attention specific legal inadequacies of the Draft City of
San Bernardino General Plan ("Draft Plan") and the underlying
data contained in the Technical Background Report dated
February, 1988 ("TBR") and the Draf~ Environmental Impact
Report dated March 24, 1989 ("DEIR"). The comments will
focus upon the Land Use Element, particularly the Hillside
Management Ca~egory of that Element, and the integrally
related Housing Element. We encourage you to give thoughtful
consideration to ~hese concerns and to take steps to remedy
the identified deficiencies before you take final action on
~he General Plan and EIR.
As you must realize by now, Stubblefield Construction
Company and Stubblefield Properties ("Stubblefield"), whom
this office represents, will be directly and significantly
impacted by the city's adoption of the new General Plan. We
have attempted over a series of months to bring attention to
certain glaring inadequacies in the Draft Plan and DEIR.
since early last fall, Stubblefield has been repeatedly
assured by the Mayor, the planning staff, and the CAe that
the City and its officials would undertake a comprehensive
study of the hillside development issue, including the
exceptionally low density proposed for hillside areas. As
you must realize, this has not occurred. Rather than
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MAY 10 '89 12:32 HILL,_FARRER&BURRILL
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Members of the Planning Commission
May 10, 1989
Page 2
reiterate each and every point which we have previously
raised, we will summarize for you our key points and enclose
for your further study and consideration our letter of
April 10, 1989, to the members of your planning commission.
These issues are serious and deserve far more attention than
they have received to date.
1. The Draft Plan does not provide for
sufficient housing to meet the City's
obliqation under State law.
The Estimated General Plan Buildout for the City and
"Sphere of In,fluence" is 26,028 units over the next twenty
years (Draft Plan at 47) and 23,206 units within City limits
for the same period of time. Draft Plan at 157-158. The data
contained within the DEIR and the General Plan itself docu-
ment the insufficiency of this quantity of housing units.
The City has chosen to ignore the clear evidence of growth
trends and has refused to adequately provide for clearly
projected needs. This conclusion is strongly underscored by
the City's indifference to the State law requirements which
mandate the incorporation of projections of the Southern
California Association of Governments ("SCAG") in the local
planning process.
The City has chosen to disregard the clear import
of SCAG's June 1988 report (Regional Housing Needs Assessment
for Southern California) which identifies the need for 10,874
housing units in the City by June 30, 1994, and instead has
made provision for slightly over half this number -- 5,801 --
for that same period of time (assuming a straight-line
utilization of the 23,206 units of Potential New Residential
Development Within City Limits). Draft Plan at 157-158. This
constitutes an outright abdication of the City's responsibil-
ity for providing an adequate supply of housing.
2. The Draft Plan does not make adequate
provision for moderate and low income
housing.
. Not only is the total number of housing units inade-
quate, but allocation of those units is not supported by any
reliable empirical data. Empire Economics conducted a study
for the City in September 1987, which analyzed various types
of housing within the City. In the San Bernardino City
housing market during the period 1981 to 1986, only 6% of the
units sold were in the "move-up" category while 63% were
MAY 10 '89 12:33 HILL,_FARRER&BURRILL
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Members of the Planning Commission
May 10, 1989
Page 3
"detached homes." The City has chosen to ignore the obvious
implications of the above-cited data. By allocating a full
39.9% of future housing for the "upper" income groups, the
City is not fulfilling its legal obligation to provide
housing for all economic segments of the community. More-
over, the policy and intended implementation disclose de
facto racial bias.
The Draft Plan Hillside Mana!ement Policies and
Standards Are Based Upon Ina equate Analytical
~.
The City.'s Hillside Management ("MH") policies are not
supported by adequate data, and their effects have not been
accurately measured. This is evidenced by Figure 54 in the
TBR entitled "Generalized Slopes." There is no indication
anywhere of what this map is based upon or how it was pre-
pared. It certainly does not provide an accurate measurement
of slopes in the proposed MH areas. Yet, all the assumptions
as to acres available for building and number of units per
acre are premised on this map. If these assumptions are in
error, which from all indications they are, then the result-
ing conclusions are obviously flawed.
3.
The City has concluded, without adequate analysis or
backup data, that 2,095 housing units can be built on 3,734
acres of MH-designated land over the next 20 years. (If a
straight-line utilization is assumed, only 520 units can be
constructed in MH areas in the next five years.) Yet,
Joseph T. Janczyk Evans, the same expert who prepared the
Empire Economics Report, has advised City officials that this
cannot be done. Mr. Evans has apparently advised the City
that a maximum of 1,800 units can be built on 6,000 acres
(apparently his estimate of buildable hillside area as of
November, 1988) that have slopes of 15% or greaterl Assuming
Mr. Evans' data is correct, the 3734 acres which the City has
allocated as buildable MH land will only yield 1116 (not
2,095) housing units!
4. The Hillside Management Standards Ignore Social
And Economic Realities.
In the same letter referenced above, Mr. Evans concludes
that from a financial viability perspec~ive, Master Planned
Communities that are oriented towards move-up/custom house-
holds, situated in hillside areas, typically have residential
MAY 10 '89 12:33 HILL,_FARRER&BURRILL
P.5/6
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Members of ~he Planning Commission
May 10, 1989
Page 4
densities of at least three uni~s er ross acre. Be further
states tat, such land-use ensity is requ1red to provide
a basic economic incentive for a hillside Master Planned
Communi~y to be developed with a desirable set of product
types, amenities and features," and concludes;
"EMPIRE ECONOMICS HAS COMPARED THE LAND-USE DENSITIES
OF UPSCALE MASTER PLANNED COMMUNITIES WITH THE LAND-USE
DENSITIES THAT SAN BERNARDINO CITY WOULD HAVE, BASED
UPON ITS PROPOSED HILLSIDE ORDINANCE, AND THE RESULT
REVEALS THAT THE ECONOMIC VIABILITY OF A MASTER PLANNED
COMMUNITY MAY BE SUBSTANTIALLY DIMINISHED AS A RESULT
OF THE RELATIVELY LOW LAND-USE DENSITIES."
The proposed MH policy is so restrictive as it affects
the Stubblefield hillside property that implementation will
effectively result in an unconstitutional taking of the
property. Most of the property exceeds 30% slope, and under
the present standards, no economically viable project can be
built. Recent case law establishes the unconstitutional
character of the type of action the City is contemplating.
We seriously urge this Council to take a long, hard look at
these MH standards which effectively deny many property
owners economically viable use of their property.
5. The seismic safety setback requirements are
unduly restrictive
We understand that the proposed seismic safety require-
ments entail a one hundred foot lIDO') setback. As you
realize, this is far more restrictive than the standards of
the Alquist-Priolo Act established by state law. Moreover,
there is no evidence that the more stringent requirements
serve any additional safety function. We urge you to follow
state guidelines on this matter.
6. The Process By Which the MH POlicies have Been
Derived Is Defect1ve.
In March, 1988, the CAC adopted the new land use desig-
nation called "Hillside Management" without adequately
discussing the underlying standards. The CAC merely accepted
the Staff's recommendation for a loosely worded set of
guidelines as a temporary measurel
The CAC held its first discussion on the MH standards on
November 28, 1988, and its second and final discussion
December 7, 1988. There was little public input. Well after
MAY 10 '89 12:34 HILL,_FARRER&BURRILL
P.5/5
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Members of the Planning Commission
May 10, 1989
Page 5
many members had left the second meeting, a vote was taken,
and the MH standards were adopted by a tellingly close vote
of 7 to 6. Out of the 24 or 25 members of the CAC, only 7
have actually voted for the MH standards as currently
proposed.
On December 13, the Planning Commission considered and
unanimously rubber-stamped the standards barely adopted by
the CAC (with very little input), and three days later, on
December 16, 1988, your Council, again with inadequate
consideration, adopted these standards without change. We
urge you to take a further look at 'these policies and the
underlying data.
Conclusion
We urge you to consider the serious repercussions that
the proposed housing and land use policies will have on this
City's housing supply for years to come and particularly to
re-examine the premises and data underlying the current MH
policies, refer them back to your Planning commission and
Staff for further analysis, and demand adequate and sensible
recommendations from your consultant and Staff before taking
action.
Very truly yours,
~
t~.-<~ ~
DARLENE FISCHER PHILLIPS
OF
HILL, FARRER & BURRILL
c
,..,/
C. M. GOULC"
WILL.IAM C. FARRER'"
LEON S. ANGVIRC.
STANLEY E. TOBIN.
JACK R. WHITE.
HARRY L.. HATHAWAY.
KYL.E D. BROWN.
WILLI"M M. I!UTTING.
ROBERT P. HESS.
DAVID A. EBER5HOFF.
STUART H. YOUNG, .JR,.
STEVEN W. BACON-
TIM C. BRUINSMA.
WM. HAROLD BORTHWICK'"
ARTHUR B. COOK'"
.JAMES G. .JOHNSON'"
GEORGE KOIOE*
,JONATHAN M. 8RANOLER*
DARL.ENE TISCHER PHILI.IPS.
SCOTT L.. GILMORE'"
KEVIN H. BROGAN'"
JAMES A. BOWL.ES.
.JOHN R. LIEBMAN
NEIL O. MARTIN
MICHAEL oJ. DIBIASE
....LF'FlED M. Cl..ARK, m
DANIEL .J. MCCARTHY
DAVID K. ROBBINS
Hill, FARRER & BURRill
LOS ANGELES COUNTY
TELEPIoIONE (2t,3) ~20.04eO
FREDERICK ..I. RYAN, ..IR
RONALD W. NOVOTNY
AUGUST W. CAIMI
DEAN E. DENNIS
WIL.LIAM A. WHITE
SUSAN SCHWARTZ WAAG
JAMES R. EVANS. .JR.
RONALD C. PEARSON
G. CRESSWELL TEMPLETON, m
KEVIN ..1. DAEHNKE
LORETTA SICILIANO
.JENNIF"ER COOK LEWIS
CURTIS A. WESTF...LL
PAUL D. M...NETTI
MICHAEL S. TURNER
MICHELLE .... MEGHROl./NI
LEAH 5. SAFF"....N
LEON 8AS5, .JR.
.JENNIF"ER 1... PANCAKE
R. CASEY O'KANE
DEIlDRAH A. SANDWSKI
OF COUNSEL
.JOHN N. MC:~URIN-
VINCENT C. PAGE
EDW'N H. F"RANZEN-
A P",RTNERSHIP INCLUCIING ~ROF~SION"'L COJlPO",,,,T10NS
ATTORNEYS AT LAW
THIRTY-FIFTH FLOOR-UNION BANK SQUARE
_!5 SOUTH FIGUE.ROA STREET
L.OS ANGEL.ES, CAL.IFORNIA 90071-1666
O~ANGE COUNTY
TEI..E:Pt-lONE (714) 64!-e60!5
TEI..E:X Z~8905 MIL.L.
TEI..ECOPIE~
(Z:3) 6Z4--4840 (ZI3) 48B.15~3
April 10, 1989
A. .J. HILL 118BI-laS3)
Wi'll. M. FARRER lISa4-la711
STANLEY S. BURRILL (19D2-1957J
.... PROFESSIONAL CORPOR"TION
Members of,the Planning Commission
Ci:y of San Bernardino
300 North "0" Street
San Bernardino, California 9.~lB
REI Draft Ci:y of San Bernardino General Plan
Draft Enviror~ental Impact Report
Dear Members of the PllUlnin9 Commis..ion:
Hill, Farrer 5 a~rrill represents Stubblefield
Construction Company and Stubblefield proper~ies
("Stubblefield"). Stubblefield owns property within the
City of Sail llernardino {"CHy"l which will be impaoted by
the City's adoption of the proposed Draft City of Sail
Bernardino Cene:-al Plan ("D:-aft Plan"). We unde:-S'l'-anc1 that
the Draft Plan is before you for consideration.
The following comments are intended to alert you :0
specific leg~l inadequacies of the Draft plan and the
underlying da~a contained in che Technic~l Background Report
dated Februa:-y, 1988 ("TBRn) and the D:-aft Environmental
Impact Report dated March 24, 1989 C"DEIR"). They will iocus
upon the Land Use Elemen:, particularly the Hillside
Management Category of l:hat Element, ,md the integrally rela-
ed Housing Element. We enoourage you to give thoughtful
consideration to these concerns and to take steps to remedy
the identified deficiencies before you make your recommenda-
ions to the Common Council concerninQ the Draft Plan.
1. The Draft plan Falls to Provide Adeq~ate Housin9
Fo:- All Econom~c Seqments ot tbe Commun~l:y.
State and local gove:-nments have a statuto:-y responsibi-
lity to use their powers to facilitate adequate housing for
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Members of the Planning Commission
April 10, 1989
Page 2
all economic segments of the community and to cooperate in
addressing regional housing needs. Govt. C. Sec. 65580ldl
and Ie). Cities are required to designate and zone suffi-
cient land tor residen~ial use with appropriate standards in
relation to substantiated growth projections. This the City
has failed to do.
a. The Draft Plan does not provide for
sufficient hOllsing to meet the City's
oQligation under state law.
The Estimated General plan Buildout for the City and
"Sphere of Influence" il; 26,026 units over the next twenty
years (Draft plan at 47) and 23,206 units within City limits
for the S~e period of time. Draft Plan at 157-156. The
data oontarned within the PEIK and the General Plan itselt
document the insufficiency of this quantity of housing
units.
From 1980 to 1988, the total housing units in the City
alone increased 12,113, from 43,459 to 59.571. wi~h the
supply of single family units deoreasinq (68.9% to 61.4%1
and the supply of multi-family units increasing from 24.7%
to 32.6%1. pra;t plan at 148. Significantly, there is no
evidence in the TBR or DEIR of ~n oversupply in uni~s which
were owned or nigh vacancy rate in units Which were rented
(rental vacancy rete being a~~roximately 7%). OrDft Pl~n
at 152. Even assuming the rate of growth does not accele-
rate, which from all indications it must. the City will
require a minimum of 30,282 housing units just to keep pace
with the existing growth rate.
The City has chosen to ignore the cleer evidence of
9row-~ trends and has refused to adequately provide fOr
olearly projected needs. This conclusion is strongly under-
soored by the City's indifferenoe to the State law reguire-
ments which mandate the incorporation of projections of the
Southern california Assooiation of Governments ("SCAli") in
the local planning process. Stete law requires that regional
housing needs and each locality's share shall be determined
by the appropriate council of governments. based upon data
provided by the Department of Housing and community Develop-
ment (aIlCO"). according to specified criteria and 5ubjec~ to
BCD review tor consistenoy with statewide housinq needS.
Govt. C. Sec. 65584Ia). Nonetheless. the City has chosen to
disregard the olear import of SCAG's June 1988 report
(ReqionQ1 Houeing Neede Aeeeeament for Southern CaliforniQI
which identifies the need for 10,874 housing units in the
~,
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M~bers of the Planning Commission
April 10, 1989
page 3
City by June 30, 1994, and instead has made provision for
slightly over h~lf this number -- 5,eOl -- for that same
period of time (assuming a straight-line utilization of the
23,206 unite of Potential New Residential Development Within
City Limitsl. Draft plan at 157-158. This constitutes an,
outriqht abdication of the City's responsibility for provi-
ding an adequate supply of housing.
b. The Orafe plan does not make adequate
pr~vision for moderate nnd low inccme
housing.
Not only is the total number of housing units inade-
quate, but allocation of those units i8 not supported by any
reli4ble empirioal data. As you no doubt recall, Empire
Economics conducted a study for the City in September 1967.
ThiR study analyzed, among other things, supply and demand of
yerioun typen of houning within ~he City, including what it
termed "move-up homes" (those rel..tively high-priced horn...
built in hillside are"s for those who desire ~ spacious house
with a large yard, of apprmdmn.Aly 2,500 sq. ft., 3-4
bedrooms, 2-3 b~thsl a~d "detached homes" (entry level homes
for those purchasing their first housing unit.s with 2-3
bedcrooms, 2-3 baths and approximately 1600 sq. ft.).
Significantly, the Empire Economics analysis disclo6es that
in the San Bernardino City housing market durinq the period
1951 to 1986, only 6% of the unit.. sold were in th.. "move-up"
category where 63% were detached homes. The remaining salee
were of patio homes (10\), townshous@s ~nd condominiums (lS~)
and (apparently) custom homes (perhaps 2%). See San
6ernardlno City's Optimal Housing Product Mix -- Rec..nt
Trends, Future Expectations and Policy Considerations by
Empire Economics, September 24, 19087, pp. 4,9-11, 2~.
The city has chosen to ignore the obvious im~lications
of the above-cited data. By allocating a full 39.9% of future
housing for the 'upper" inoome groups, the City is not
fulfilling its legal obligation to provide housing for all
economic segments of the commu~ity. Moreover, as set forth
below, it i5 apparent that the City cannot possibly even meet
the goal which it has set to provide 2315 housing units for
those "upper" income groups. See DEIR nt 4-59.
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Members of the Plannins Commission
April 111, 1989
PlIse 4
2.
plan Hillside Mana ement policies and
ease Upon Ina equate Ana vt~ea
The Drllft
Standsr "
~.
The State OPR General plan Guidelines ("Guidelines")
provide that "(sJound policy depends on solid information"
and emphasize the importance of documenting the factual and
analytic bafl:i.Cl for policy: "It should also be remembered
that data without analysis are seldom useful: analysis serves
as the bridge of losic from raw data to policy." Cuidelines
at B. Not only should vital backsround information be Sivan
"some official c;tatus,. but it should be "readily available
to decision makers and the public and used as a benchmark for
evaluating changes in conditions when future qeneral plar.
revisions are needed.- Id.
The fact of the matter is that the City's Hillside
Management ("MR") policies are not supported by adequate
data, and their effects have not been accurately measured.
Your consultants have conceded On several oooasions that
accurate mei:lliUrelDent of slopes in the areas proposed as Mli
has not been undertaken. Yet, the projected n~Br of
housing nnit~ to b@ construct~d in these areas has been
premised on conclusionCl which ~hey have derived without
adequate study.
This is evidenced by Figure 54 in the TBR entitled
"Cenerali~ed Slope$." There is no inC!ication anywhere of
what this map is based upon Or how it was prepared. It
appears to be a general "guesstimate" possibly bassi! upon a
U.S.G.S. topographical map of some vintase. It oerteinly
does not provide an accurate measurement of slopes in the
proposed MH areas. Yet, all the assump~ions as to acres
available for building and number of units per acre are
premised on this map. If tbese assumptions ere in error,
which from all indications they are, then the resultinq
conclusions are obviously flawed.
The City has concluded, without adequate analysis or
bnckup dnts, that 2,1195 houeinq units can be built on 3,734
acres of ME-designated land over the next 20 years. (If a
straight-line utilization is assumed, only 520 unite oan be
constructed in MH areas in the next five y&ars.) Yet, the
same expert who prepared the Empire ~oonornioe Report has
advised City officials that this oannot be done. We under-
stand that Joseph '1'. Janozyk evans, author of ~he Empire
Eoonomics Report on housinq trends, bas recently written the
c
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Member.. of the Planning COIllIllission
April 10, 1~e9
page 5
City (with a copy to the Chairman of your Commission) sta-
ting, among othor thinqe, that a maximum of 1,900 unite
can be built on 6,000 acres (apparen~ly his estimate of
buildable hlllelde area ae of No~ember, l~eel that have
slopes of 15.' or greaterJ Assuming Mr. EVilns' dilta is
oorrect, thc 3734 ccres which the City has allocated as
buildable MB land will only yield 1116 (not 2,095) housing
units I Mr. Evans concludes,
"THEREFORE, A CO~ARISON OF ~BE NUMBER OF MOVE-UP AND
CUSTOM HOMES THAT WOULD BE REQ~IRED FOR SAN BERNARDINO
CITY TO ACHIEVE AN OrTIMAL HOUSING MIX wITH THE NUMBER
THAT MAY ACTUAl,ToY BE; D!VET,OPl';n, ACCORDING TO TnE
CURRENT HILLSIDE MANAGEMEI.'T STANDARDS, REVEALS TIlAT Tilt
CrTY WOULD NOT ATTAIN AN OPTIMAL HOUSING MIX." (Letter
of November, 1966.)
This severe restriction on the number of units to be
t:on..tructed in hillside "re"s over t.he next 20 ye"rs ("'h&th..r
that number be 20~5 or 1116' raises other issues whioh have
not been addressed. How will the City monitor.<<nd enforce
this numerical limitation7 Will development be allowed to
proceed until the numeric..} l.imit is reach..d (perhaps in
=ive, ten, or fifteen years) or will building permits and
other entitlemen~s be .philsed" over the twenty-year period?
Docs the City intend to monitor or restrict development
approvals and/or building permits "nd, if ao, ho"'? The deve-
lopment community is en~itled to this information.
3. Thc Hillside Manaaement Standards Ianore Social
And Economic R@alities.
Although state requirements for a gener..l plan emphasize
environmental and physioal development, "all physical deve-
lopment fulfills economic and social n....ds and, in turn, .
profoundly affects eoonomic and social conditions. Indeed,
general plan policy is social and economic policy.. Guide-
linea at 7.
The City's Draft plan ignores these important eocial
and economic taotors. In the same letter referenced above,
Joseph '1'. Janozyk Evans oonoludes that from II finanoial
Viilbility pers!,ective, Master Pl"nned COlllmunities that are
oriented towarde move-up/custom households, situatod in
hillside areas, typically have residential densities of at
least three unite per ~~OBB acre. He :urther states that,
M[s)uch land-uo~ uAn~ity 10 ~~qui~ed to provide a basic
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Members of the Pldnning Commission
April ID, 1989
Page 6
economic incentive for a hillside Master Flanned Community
to be developed with a desirable set of product types.
",..enities and f....tures... ant) conclude.:
"EMPIRE ECONOMICS HAS COMPARED T~E LAND-OSB D~NSITIES
OF OPSCALE MASTER PLANNED COMMONITIES WITH THE LANO-USe
DENSITZES THAT SAN BERNARDINO CITY WOULD eAVE, BASEl)
UPON ITS PROPOS~D HILLSIDE OROINANCe, ~~O THE RESULT
REVEALS THAT THE ECON~lIC VIABILITY OF A MASTER pLANNED
COMMUNITY MAY BE SUBSTANTIALLY DIMINISHED AS A RESuLT
OF THE RELATIvELY LOW LAND-USE DENSITIES."
It one needs further evidence of the soundness of
Mr. Evans' oonclusions. he need look no further than ene
Amber Hills Project which consists of 19 lots on 41.9 aores.
~he recent;foreclosure speaks clearly to the absence of
economic viability for such a project. This should serve as
a warning to the City that its presently proposed MH stan-
dards contemplate economic di~aster for builders and ~ill
result i~ a serious under sUpply of housing for this commu-
nity, unless. of course, it is the City's intent to imple-
ment policies which result in an inadequate housing supply.
The proposed MH polioy is so restrictive as it affects
the Stubblefield hillside property that implementation will
effectively result in an unconsti~utional taking of the
property. Most of the property exeeeds 30\ slope. ~nd undcr
the present standards, no eoonomioally viable project Cdn be
built. Two recent cases clearly establish the unecnstitu-
tional charaoter of the type or aotion the City is conternpla.
tini. In Allingham vs. city cf Seattle (19S9) 109 Wn. 2d
947, the Court determined that a Greenbelt Ordin~~ce which
required property owners in certain areas to preserve 50 to
70 percent of their land in a natural s~ate was a unconstitu-
tionel takini since is deprived the landowners of all profit-
able use of a substantial portion of their land. We see no
distinction be~ween what the City of Seattle attempted to do
with ita Greenbelt Ordinance and what the City is proposing
to do by way of its MB 5tandard~.
Similarly, in A.A. Frofiles. Inc. V5. City of Ft.
Lauderdale (lIth Circu.t, AUgust. 1988) the Court found
that a rezoning of property from M-1 (the city's least
res~rictive industrial and manufacturing classifioation) to
B-3-C Iliiht industrial) denied ~he owner a property interest
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Membero of ~he Planning Commission
April 10, 1989
Page 7
because the new classification did not acc~~oda~Q a develop-
ment like th~ one he had proposed (a WOOd-chipping opera-
~ion). We seriously urge this Council to take a long, hard
look at these MH ~tdodards which effectively deny many
property owners economically viable use of their property.
4. The proeeee By Which the MH policies have Been
Derived Is Defect~ve.
The OPR General plan Guidelines provide thet beeause
g-atllering data i8 time-eonsuming an4 eostly, "the local
90vernn~nt should collect ond organize information in the
early phases of ~h. general plan prOgram so it can be used
later to evaluate the effects of planning options and to
eatiefy th~ environmental review requirements..." Guidelines
at 55. The City has failed to do this and we urge you ~o
oorrec~ ~his deficiency nOW before it is ~oo late.
In Mareh, 1~~8, ~h~ CAe a~cpted the new land use dHsig-
nation cillled "Hillside Management" withou~ adequately
discussing the unaerlying standards. The CAC merely accepted
the Staff's recommendation for a loosely worded cet of
guidelines as a temporary measure!
On NovembQr 28, 19~~ ~e CAe held its first discussion
on '~he MH standards. This lasted no more than 2 hours. A
secona anQ final discussion ocourred oecember 7, 1988,
wherein the CAe listened 'to Mr. Tescher and diecussed the
issues among themselves. There was little public input. At
about 9,45 p.m., well after many membere had left the mee-
ting, a vote was taken, and the MH standards were adopted by
a tellingly close vote of 7 to 6. In other words, out of the
24 or 25 members of the CAe, only 7 have actually voted for
the MH st<<ndard$ as currently proposed.
Five days later, on December 13, the Planning Commission
considered and unanimously rubb~r-st~~ped the standards
barely adopted by the CAe (with very little input), and three
days later, on December 16, 1988, the Common council, again
with inadequa~e consideration, adopted these standards
without change. We urge the Common to take a further look at
these policies and th~ uJwer1ying data. We also note. to keep
~he record clear, that the 50+ aeres of City creek Channel
which have been desil/nated Public Flood Control (lPFC"1 are
not public landl (Please see our earlier le~ter to the
Pl~nning Con~i88ion dated February 6. 1989.)
.'
C I T ~ F SAN B ERN A R D N 0
INTEROFFICE MEMORANDUM ~J
8905-804
TO:
Brad L. Kilger, Planning Director
FROM:
Council Office, Ward Two
SUBJECT: Letter from Mr. James wirth Pertaining to Minimum
Lot Sizes, 1980 North Sierra Way
DATE:
May 10, 1989
COPIES:
Councilman Tom Minor
-------------------------------------------------------------
Please find the attached letter from Mr. Wirth express-
ing concern of lot sizes of less than 7,200 square feet.
It has been my understanding all during our General Plan
review that legal lots of record (recorded prior to the
adoption of our new General Plan and interim zoning code)
which are less than 7,200 square feet may be built upon.
There are literally hundreds of lots scattered through-
out all parts of the city that are less than 7,200 square
feet in area.
It is my recommendation that a statement be made in the
text of the plan and the development code that all legal lots
of record may be built upon within the city of San Bernar-
dino, not just the Central city area.
I believe that from a legal standpoint we are obligated
to allow development of these types of lots.
JACK REILLY
Councilman, Second Ward
JR:jv
Attch.
.
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From:
'-' --'
Mayor Evlyn Wilcox, City Council Members Jack Reilly, Tom
Minor, Michael Maudsley, Jess Plores, Valerie Pope-Ludlam,
Esther Estrada, Norine Miller. Planning Director Mr. Brad
Kil?erJ General Plan Consultant Mr. Elwood Tescher.
JRmes Wirth and Pamily
TOI
My name is James Wirth. I am a native and lifetime resident
of San Bernardino. My family has resided at the same addresR on
Sierra Way since 1955. It is my belief that through zonin", it
has been the intention of General Plan advisory and decision
making parties to revitalize older and declining are~of our city.
Certainly the inner city of San Bernardino is one such area. To
quote The San Bernardino Sun article Inner citi San Bernardino
residents cau~ht in vicel Crime ~iPs once st{l sh nei~hborhol)d
(April JO, 19 9) "It (the inner c ty) is the Inlest of six police
divisions in San Bernardino for one reason: it has the bi?gest
problem and needs the most attention. Once the city's best
address, these homes and businesRes are wracked with crime and
poverty. Just a few of the oldtime residents remain, others h~ve
died or moved away, leaving old Vistorians and shacks alike to the
influx of newcomers, many of them without jobs." Because of its
condition. portions of the inner city have been Fiven multi-
family residential zoning. Unfortunately, it came to my realiza-
tion recently that, because San Bernardino is an old city, a number
of the lots within the older inner city are slightly less than
what current policy considers. a standard sized lot to be, that is
7200 sq.ft. Because current General Plan policy states 7200 sq.ft.
must be achieved before any multi-family residential rejuvenation
can take place, and no variance-flexibility may be ?iven where
General Plan requirements are concerned, a real problem has been
created within our older inner city. This is due to the fact that
a number of the lots which are within the inner city, which have
been fiven multi-family zoning, such aR the central part of Sierra
Way, are sli~htly less than. within 5~ of, the now current minimum
of 7200 sQ.ft. The end result of this inflexibility to lot size iR
that numerous parcels which the city truly desires to have, and
are most in need of rejuvenation will be ineligible for this reju-
venation.
Por example, I discovered that a portion of what I thought
was our lot actually belongs to the city. When I recalculated our
lot size I realized our lot is slightly under, less than 5~ short
of the minimum lot size. Because this lot my family lives on now
is fractionally under the 7200 sq.ft. needed, we could not even
add one additional unit. Even if we were able to combine our lot
wi th our neighbor'S, because we would be fractionally short.. of -the
potential our multi-family zoning offers, our two lots to~ether
would still only allow just 1.69 additional units to be built.
Previously, for more than twenty years, the city considered these
same lots on Sierra Way to be large enough to support a minimum
of three units per lot, a number of the lots have four units each
on them and one fractionally larger neighboring lot has six units h~
built on it. Thus, where we would have been allowed to have T
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built at least t.he minimum of four and likelv six or possibly
even more additional units, on two lots, under the current General
Plan we now could add 1.69 additional units to the same two lots.
In addition we, as remaining longtime residents of this area, have
already paid increased property taxes because of multi-faMily
zoning for more than twenty years.
. A special policy, Policy Number 1.1), has already been
included in the General Plan which calls for Redevelopment A~ency
cooperation in combining smaller lots to achieve minimum lot
requirements where exsisting lots are substantially below the
necessary minimums. However, this policy only applies to two
older parts of the city, Seccombe Lake and the Mt. Vernon area.
To my knowledge, no provisions at all have been made that would
assist smaller lot owners in any of the other older parts of the
city, particularly the deteriorated inner city, to help them
make their smaller lots useable under the zonin~ they are in.
The policy we have proposed would assist smaller lot owners,
within the inner city, by allowing them to get some feasible use
of the zoning designation their property is in; without calling
for any change in any building stardards or development code
requirements and without the necessity of involving San Bernar-
dino's Redevelopment Agency's assistance.
Therefore, I respectfully request that our city adopt the
policy we have proposed which will allow older exsistin~ lots,
within the inner city, to be more easily rejuvenated. This policy
would help smaller inner city property owners and our city in
achieving the revitalization Policy 1.1) was designed for, for the
Seccombe Lake and Mt. Vernon areas.
We plan to attend the upcoming city council meeting devoted
to land use, on Wednesday May 10, 1989. If you wish to contact us
sooner on this policy issue, please don't hesitate to call.
James Wirth and Family
1980 Sierra Way
San Bernardino, CA 92405
Phone 886-1880
...-......
. .
v
-.../
THE SUN
April )0. 1989
THE HIGH-CRIME NEIGHBORHOODS
1'~ddy~s',~t~!I<~~.~: ~n 'Be'm~~~ ~~~f~f4ri:2'
.'. . ,".'" . '".:. . '....;. T~ICllnafoq:IO~:"~~~"..
Inner city'; ~ ."'" ..' from I~ner cItY: 2"~. . CIty ,
...., ..' ~. .' Crtm. category. 1~. ." CIIna
......~xu_~~mt'Ii'~
:~~a~~,f;'i.
.~~..... .... '..""''''',""
""CI"M! . ...... ". .' ill;,:l!Jj'
., Asjgmaje<l iisSau .' - 1 ;37$~:
~'Buiiil''''cftiWJ;t.t'~~-4~'1l
'vii~lCliilieti""''''''''~~'U~f~ :
'.I .... . .. .' .... .......}', . . ." 'h~
. o~ the cIly'l be.1'~ 1,,1,
these homel 8nd~"*-' .
wFackacl with'CI1/tW W P6viift;~~;.;
Just a lew of th,'oldllmB "cldenll"
. remain, others 11M cIecl or ," . ,"
rnoWd aWay; leaving. . :-' < ;~:.
VlclOrlan. and lhac:ka lib io the .
. ~~; '~~MWCOJo~~~~-;~:h>
. tMm:-unoul bI.- 0" ~"~~.."o :..:.:~;
.~. ........ '.'loiW".' .~'.r..:~-;" .; '''',,' :t~:-o ,..\
.
HIghland Ave. .
,~11t it .!{1
'St;!l) ..~.'l\i '"'''' J ~
"i".if". '."
t ;fth~; ::~~;~ ~~~: . f~::: I
.~kr1~,:;;::. f(;:~..~
. ., .., . "'otl' ;'. :" IETTI J..4 . llNllfllt "'"
6ouICr.SMe..,_..CO&,nrJ......~I_......~. ,w to ... . l' ~....~~.
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PROPOSED POLICY TO BE ADDED TO THE S.E. GENERAL PLAN TEXT
Any lot within the area deRi~nated a~ San
Bernardino's Inner City. a section of the
city bounded on the North by Hi~land Ave..
on the South by Fifth Street. on the West
by Interstate 215. and on the East by
Sierra Way inclusive shall be given a max-
imum allowance of 5~ for the purposes of,
meeting minimun lot size requirements for
uses permitted under the land use desi~na-
tion the lot has been givenl provided that
any development proposal approved for said
lot shall contain no variance to any city
building or development code requirements.
~
C I T y"-b F SAN B ERN AR D YN 0
INTEROFFICE MEMORANDUM
8904-2501
TO: MAYOR AND COMMON COUNCIL
FROM: PLANNING DEPARTMENT
SUBJEcT: SUMMARY OF LAND USE DESIGNATION cHANGES FROM IPD.
DATE: April 10, 1989
cOPIES:
-------------------------------------------------------------
The Draft General Plan, as recommended by the Planning
commission, proposes certain changes to the land use
designations adopted in "May, 1988 as part of the Interim
Policy Document (IPD). The following table lists all
existing IPD land use designations and explains changes
recommended by the Planning commission to the Draft General
Plan.
EXISTING PROPOSED
IPD DRAFT G.P.
RE RE
RL RL
RS RS
RU RU
RM RM
RMH RMH
RH RH
MH RL
CHANGES (IF ANY)
None
None
None
Draft GP permits clustering of
units. IPD did not.
None
None
None
MH becomes an overlay district
with an underlying designation
of RL.
CN
CN
From FAR 0.5 to 0.35
CG
CG-1-4
Refinement of CG with suffix 1
through 4 to denote location
and permitted uses. Also, FAR
changed from 1.0 to a range
as follows: CG-1, 0.7; CG-
2, 0.7 ; CG-3, 0.7; CG-4,
1.0
,,---.,
INTEROFFICE MEMO~DUM: 8904-2501
LAND USE DESIGNATION CHANGE FROM IPD.
April 13, 1989
Page 2
CO
CO-4,CO-2
CR
CR-1-CR-4
CH
CH
MU comoonents in IPD
MU-1: IL, CG, CO
MU-2: IL, CG,CO, CR
,
..,.,
CO-1 remains essentially the
same as CO. CO-2 created to
permit conversion of residen-
tial to office uses along
Arrowhead Ave. Also, FAR
changed from ~ to a range
as follows: CO-1, 1.0; CO-2,
0.35.
Refinement of CR with suffix 1
through 3 to denote location
and permitted uses. Also, FAR
changed from ~ to a range
as follows: CR-1, ~; CR-
2, ~; CR-3, 0.7 to 3.0:
CR-4, 0.7.
From FAR 0 . 5 to Q....1
uses have expanded to
industrial and
categories.
. Also,
include
office
Deleted.
CO-l.
Uses placed under
New
From FAR 0.5 to 0.75
From FAR 0.5 to 0.75
None
None
None
None
None
Deleted and replaced in each
case by one or more of the
original "component" designa-
tion as follows:
Reolacement DesianationCsl
CR-3 (permits greater range of
uses, except no industrial)
CR-3 (permits greater range of
INTEROFFICE MEMO~DUM: 8904-2501
LAND USE DESIGNATION CHANGE FROM IPD.
April 13, 1989
. Page 3
--
...."J
uses, except no industrial)
MU-3: IL, CG, CR
MU-4: CO, CG, RMH
MU-5: IL, CG, CH
MU-6: CHC
MU-7: CHC, CG, IL
MU-8: CG, IL
MU-9: CG, IL
MU-10: CG, CO
MU-11: IL, CG, CO
OIP, IL, CG-1 (in specific
areas)
CR-2 (permits same uses as MU-
4)
IL, CG-1, CH (permits same as
MU-5)
CO-1 (permits same uses as MU-
6)
CO-1, CG-1 (permits same uses
as MU-7, except no industrial)
CG-2 (permits CG and multi-
family residential uses)
CG-2 (permits CG and multi-
family residential uses)
CG-3 (permits similar univer-
sity-oriented uses) .
OIP along Waterman Ave. CH
around Sierra Way at Mill
Street.
In addition to the changes listed above, the following
categories are proposed to permit senior/Congregate Care
Housing with a density bonus above the established resi
dential density:
CATEGORY
DENSITY
CR-2
14 du/ac max.
50% bonus
50% bonus
50% bonus
54 du/ac max.
54 du/ac max.
21 du/ac max. (west of 1-215)
36 du/ac max. (east of 1-215)
72 du/ac max.
RU
RM
RMH
RH
CO-1
CO-2
CG-2
~
....-,
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CITYOFSAN8E~
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Yes No
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ISSUES/ARE~CITY TO BE ADDRESSED
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ORGANIZATION G(:{f,'1~ ~S
PHONE (1JL-/) 11/-?93!
tN~, CA- ZIP 1'2~f3
Note: Individuals - Max 3 minutes, organizations - Max 5 minutes.
ISSUES/AREA OF CITY TO BE ADDRESSED
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Existing IPD Designation
Proposed General Plan Designation
Existing Land Use
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1~~ _&
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\..... 171-003 {3-891
CITYOFSANBERNAADINO ,j
CENTfW. PAlNTm SERVICES ~
M~
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CITY OF SAN BERNARDINO
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ISSUES/AREA OF CITY TO BE ADDRESSED
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CITY OF SAN BERNARDINO
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ORGANIZATION ~. i?6 ' d, ?5,v-/-.-V1 f n~
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86'7- (5"d-.?-"
ZIP '1C).~ Y'6
- Max 5 minutes.
ISSUES/AREA OF CITY TO BE ADDRESSED
U~J
(t CL <;)..r!~
klUt<I>t!.~ i-,tfA)7)
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--- -----
BULLET SUMMARY OF~AL PRESENTATION MADE BY ~S WIRTH AT THE
CITY COUNCIL MEE~ WEDNESDAY, MAY 10, 1989~
4.
1.
Problem. With an intention of achieving revitalization, older
deteriorated portions of the city have been given particular
land use designations, which the owners of these properties can
not utilize. RECEIVFD- ell Y el_ER~
Problem Resolved. Policy #1.13, pal;.e 134, .baii. b,~e,n included
in the General Plan to resolve the ~v~Yph6br~~ut only for
two older portions of the city. .
Problem Remains. The problem still remains to be solved in
San Bernardino's older, badly deteriorated "inner city" area.
A Result of Problem. Badly needed rejuvenation of the "inner
city," which would benefit the city as a whole, will not take
place.
2.
3.
5. A Result of Problem. Property owners are deprived, bein~ un-
able to get the real use of the land use designation they have
been given.
6.
7.
8.
9.
10.
11.
12.
13.
A Result of Problem. The city will not achieve the number of
housing units that was predicted for "inner city" area in the
IPD.
A Solution. One solution is to formulate a policy with the
same provisions as Policy #1.13 for the entire "inner city."
Our Proposed Solution. A solution which we believe to be the
most practica~ since our survey shows a large percentage of
"inner city" lots are fractionally undersized) is to adopt the
policy we have proposed.
Benefits of Solution. A policy designed to. solve numbers 4,
5, and 6 above is included in the General Plan.
Benefits of Solution. Because our proposed policy allows no
variances to any city development codes, older lots with at
least 95% of a new required lot size will achieve an end
product equal to any development that can be achieved on a
fractionally larger lot.
Fact. A fractional difference in lot size will not determine
if a development is adequate or not.
Fact. The consultant and staff recommended that the policy we
proposed could be incorporated within poLicies 1.12.30,
1.13.30 and 1.13.31.
Fact. Now, since a small misunderstanding has been cleared up,
Counilman Reilly again stated he supports the policy we have
proposed, as can be verified by Mr. Henry Empeno, whom' Council-
man Reilly assured us he would call.
...
r ~da(s.:~~~_fi,~,~~i~an 'Be-mSfdi~i~~I~~!.''?~~~~\2~
. .' '.. I.;,. Total caUa for po lea. MI;Y!C,'"
Inner city. - .",. from Inner clly: 24,~3 . City,
. . ". . I . .- .' Crime Category, 11188. :. calla
rkii;;;j6111i\W'l'}~)~r,~l,j"'11W~bi\j
Highland Ave. . '.' .:::l.~..._."""~~~..~:!I!I).,,,.!........
Rape.'. . __. . . 81 .
?Rob~""~"\\fi1ft1\~\~~m$'~f;
~....-.-..nl";a~,...;"".^.ilinGl.\l'~"""",,- \1<.1,
,.. Aggra.\,a!''''~~~l~.~~,.,,~;gjl~~~.'
}~~.m€?fth~h~L~:~:7.~~?~::;
. rlnt'.Athll Cb(~~..f1,:).f"
Ihesa home. andbwllnessll.'ire '....
wiacked wllh'crlrlMi..-m ~itY::~'.~
Just a few of Iha 'oldllme reSkkihl."
- remaJt1; olhalSlIM ~ or " . , ..
;:a:1~.';~~~'":
. .lnnux01 IIIWCOrriirs; manr oI-.L",",
, then'.lthoUtJobi.~~~~~.n (~:~.~,~':'.:~l.
-"~:i~~;.::......~., '_t.' ;~"';.'::/~:.:~.. ~~:.",:\
'.' . -~~, l' i ~ct'1':'~1 'Y"8EnS~QHl
~,8IIft e."*,,!~III)If...CMa""'.) ~"~f'f.i......~~__~.....~......~,
Su,g:gestion Made
I made the following sug-
gest.ion on Policy 1.12.1~e68
(a policy not directly
related to our proposed
policy). If it iR the
Mayor's and Council's
intent to have smalJer
(under 20 unit) Sr. Citizen
developments occur, because
developments need to be
cost effective,. the follow-
ing change incorporated
within the existing policy
would be most helpful.
After the word feasibility
add (for any project of 20
units or greater: and in
every case) a plan is ...
~1_~Jl[
.... ;'13111( SU~ ...1tIlll.. :~~3:..
,':j'i:i:t:~#x Wi-i#::'~;.j;;
TRANSPORTATION I FLOC() CONTROL
DEPARTMENT
825 East Third St,aet . San Barnardlno. CA 92415-0835 . (714) 387-2800
,~I"lfe
.........~t~.......
-~ ~
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/'lftllll\\\~'
COUNTY OF SAN BERNARDINO
ENVIRONMENTAL
PUBLIC WORKS AGENCY
KEN A. MILLER
Director
May 10, 1989
The Honorable Evlyn Wilcox
Mayor of the City of San Bernardino
300 North D Sreet
San Bernardino, California 92418
Dear Mayor wilcox:
In March, 1987, the San Bernardino County Flood Control District made application
to the City for a change in General Plan designation and zoning on approximately
62 acres of property located westerly of Auto Plaza Drive and northerly of
Fairway Drive. That application was requesting a change fran open space zoning
to CM zoning. Through the process of amending the City's General Plan, the Flood
Control District owned lands have now been designated CR-4.
It is our opinion that the property is sufficient in size to accarm:xlate not only
future auto related uses, but also other regional land use activities.
Accordingly, the District requests your consideration to amend the text of the
General Plan as it relates to the subject property. The proposed language
amendments are attached (all changes are shown in upper case letters). I believe
that these amendments would allow for the expansion of auto related uses as well
as allowing other regional oriented uses that would be canpatible with the
property location.
For your reference, attached are location maps and information relating to the
property. The Flood Control District would appreciate your consideration in this
matter.
Very truly yours
~a.~
KEN A. MILLER
Flood Control Engineer
KAM:rc
Attachments as noted
cc: Supervisor Barbara Cram Riordan
'0
l\
V
o
PROPOSED TEXT CHANGES TO SAN BERNARDINO CITY
DRAFT GENERAL PLAN
1.18
Provide for the continuing development of the San
Bernardino Auto Plaza as the principal center of new
car dealerships, serving local residents and adjacent
communities AND PROMOTE OTHER COMPATIBLE REGIONALLY
ORIENTED RETAIL AND OFFICE USES.
1.18.10
. . . . . . . . . . . . . . . . -
IN ADDITION, ALLOW COMMERCIAL, REGION-SERVING RETAIL
USES AND COMMERCIAL OFFICE USES WESTERLY OF AUTO PLAZA
DRIVE IN ACCORDANCE WITH THEIR RESPECTIVE
"DENSITY/INTENSITY AND HEIGHT", AND "DEVELOPMENT AND
DESIGN" GUIDELINES.
1.18.32 REQUIRE A TRAFFIC STUDY PRIOR TO THE APPROVAL OF
DEVELOPMENT WESTERLY OF AUTO PLAZA DRIVE WHICH IS 5
ACRES OR MORE IN SIZE OR THE SUBDIVISION OF PROPERTY
WHICH CREATES BUILDABLE PARCELS OF 5 ACRES OR LESS
IN SIZE. THIS REQUIREMENT MAY BE WAIVED IF A SPECIFIC
PLAN IS APPROVED THAT ADDRESSES TRAFFIC ISSUES.
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ERN ARDIN 0 300 NORTH "0"" STREET. SAN BERNARDINO. CALIFORNIA 92418
EVLYN WILCOX
Mayor
!\o1emDe,s 0' the Common COl,l"'c
Esther ESHIClI. . . . . . . . . . . . . F'l"$t WI'"
J.Ck Reilly. . . . . . . . . . . . . . SK:I"ICI W"d
R.IPh Me'"&nCl., . . . . . . . . . . . T"l~,C1 Ward
St..... MarkS. . . . . . . . . . . . . FOwnh WArd
Goraon Quiel . . . . . . . . . . . . . Fifth Ward
Ooln Fruie, . . . . . . . . . . . . . . Sixth Ward
Jack Strlckl.r . . . . . . . . . . . .s...-.r\th W.rd
January 23, 1987
Mr. David R. Lewis
Real Property Agent
Engineering Contract Services Department
825 East Third Street
San Bernardino, CA 92415-0834
Dear Mr. Lewis:
Subject: Proposed General Plan Amendment
Adjacent to Auto Center Plaza,
North of Fairway Drive
This letter is written in regard to our discussion that we
have had over the past several months concerning the
appropriateness of the .0. zone and Open Space designation
for the Flood Control District's property located immediately
west of Orange Show Road. It would appear to us that it
would be in the District's best interest to aFPly for a
General Plan Amendment to a General Commercial designation
and for a change of zone to C-M Commercial-Manufacturing.
Both of these designations would be consistent with the land
uses to the east of Orange Show Road and to the south in the
City of Colton. As I indicated to you earlier, the process-
ing of the General Plan Amendment would be separate from the
processing of the change of zone application. Approximate
time for processing of the General Plan Amendment is three
months, whereas the processing of the application for the
change of zone is approximately 45 days.
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Mr. David R. Lewis
January 23, 1987
Page 2
Your application for the General Plan Amendment should be
submitted as soon as possible. Should you have any further
questions in regard to this matter, please feel free to call
me at (7141 383-5057.
Respectfully,
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FRANK A. SCHUl'IA
Planning Director
mkf
cc: Lu Little
Real Property
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May
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County or San BernardiDo
DATE
PHONE 3!:l7-277lJ
FROM
DAVE LEWIS
Acquisitio
TO
UlKE WALKER, Director
Transportation/Flood Control/Airports
SUBJECT
GENERAL PLAN ~iDMENT (87-1) AND ZONE CHANGE (87-7)
WARM CREEK BASINS/CITY OF SAN BERNARDINO
On May 13, 1!:J!:l7, I met with Roger Hardgrave, Director of
Public Works/City Engineer, and Dave Anderson, Acting
Planning Director, regarding the information requested
by the environmental review committee on May 7, 1~87.
The City originally requested a detailed traffic study
and geological study which included trenching.
According to Roger
that the property
the Flood Control
information for the
and Dave, the City wants to be assured
can be developed. I t was agreed that
District would submit the following
environmental review hearing:
1. Letter report on the location and extent of fault
traces using existing information. Trenching
will not be necessary until the site is graded
or subdivided.
2. Cursary traffic report describing road capacities
and traffic volumes generated by CM and C-3 zoning.
The report should discuss the City of Colton's
plans to upgrade Fairway. A report was previously
made on the Auto Center.
3.
A detailed letter
on how the property
possible flooding.
water can be drained
describing various options
can be protected from any
Also describe how surface
into the flood channel.
It may be timely to do a soils test and describe what grading
and filling should be done to make the property developable.
DRL:lc
cc: Roger G. Hardgrave, Director
Public Works/City Engineer
12-1367-000 Rev. 9/85
DATE
FROM
TO
IOTEROFFICE MEI\,Q)
IS'3
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CounlY of SaIl Bernardino
W'd.~8RH'-
ROBERT W. CORCHERO, Chief
Water Resources Division
PHONE
2515
DAVE LEWIS
Engineering Contract Services Department
Real Property
File:
2-421/1.00
SUBJECT
ZONE 2, WARM CREEK CONSERVATION BASINS
'2.1367_000 Rev. 9'85
At the request of Ken Williams, Chief of Flood Control District Right of Way
Engineering Section, this office investigated the potential flood hazard for
the area bounded by Interstate Highway 215 on the northeast, Orange Show
Road on the east, Fairway Drive on the south and the Warm Creek Channel on
the west. This area encompasses the District's Warm Creek Conservation
Basins #2, 3 and 4.
Since the completion of the Warm Creek Channel by the Corps of Engineers,
the area is relatively free from flood hazards. Additionally, the turn-out
facility which directs water into the Warm Creek Conservation Basins has
been deactivated, further eliminating inadvertent flows entering the area.
The site is subject to minor tributary flows from the east. These flows
will have to be conducted to Warm Creek Channel when the site is developed.
Please advise if this office can provide any additional information.
RWC:JJJ:alg
cc: Mina Ghaly
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SUGGESTED REVISIONS TO
CITY OF SAN BERNARDINO GENERAL PLAN
May 10, 1989
by Courtney F. Buse
1) page 67 - 1.11.10 Increase maximum density to 5.0 uni.ts
per acre.
The present R-1 zoning has always guaranteed 7,200
sq. ft. lots. Regardless of "net" or "gross" the
reduction in the Residential Low density may result
in larger lots. The tradition of this City should
be maintained in areas designated for standard
subdivisions.
2) page 67 - 1.11.31 Omit reference to greenbelts, paths, and
amenities in residential subdivisions.
Such amenities are appropriate for PUDs rather than
standard subdivisions. Homeowner associations and
special maintenance fees should not be encouraged.
3) page 69 - 1.13.30 Delete reference to minimum lot size for
properties in the RM District in order to enjoy the
maximum unit density.
There is a need for small-scale rental housing and
single lot projects should enjoy the same density
of development as large projects.
\
4) page 71 - 1.13.38 Residential Multi-Family - Substitute
the word "encourage" for "require".
Site-specific designs (especially small parcels)
may not accommodate parking behind or beneath the
buildings and may compromise useable open space.
5) page 71 - 1.14.10 Change slope/density formula to permit
3.0 units per acre within the 0-15% slope.
To create a more appropriate density and permit a
greater transfer of units in order to retain hillsides
in a more natural condition.
6) page 72, 1.14.13 Increase allowable density transfer to
a maximun of 100 percent from 50 percent.
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7)
page 72 - 1.14.31 Permit attached units throughout the
Hillside Management Overlay District.
Attached homes will provide another option for
greater flexibility in the design of unusual or
difficult parcels.
8) page 73 - 1.14.34 Require Geologic Studies only within
the fault study zone.
~) page 85 - 1.19.10 Add to permitted uses; "self-storage
facilities".
Self-storage was previously permitted in the General
Commercial zone. Self-storage should be convenient
to the places where people live and do business
rather than limited to industrial areas.
10) page 104 - 1.31.10 Waterman Avenue OIP - Restrict commercial
and office uses from within the 65 CNEL air corridor.
Protect the flight path from high intensity uses with
respect to noise and other aircraft hazards.
11) page 105 - 1.31.33 Reduce building setback to 25 feet
from 50 feet.
To reflect the pattern of new existing development
and give continuity to the street scene.
12) page 389 - 8.4.2 Omit "new multiple-unit residenti~l
developments" from the requirement of installing
fire protection and sprinklers systems.
Such systems are expensive not absolutely necessary
for the protection of property.
13) page 519 - 112.4 Do not include single-family homes
as "sensitive facilities" subject to a 100 ft.
fault set-back.
The 50 ft. set back has been the standard in the
State since the creation of the Law. Special
site-specific conditions have always been addressed
by individual engineering recommendations and should
remain so.
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14) Fortieth Street between "E" St. and "Mt. View" -
No demand for excessive amount of commercial.
Major of street should be Residential (RU & RM)
with some Commercisl and Light Industrial (C")
extending from the two major intersections.
15) State College area -
Provide for off-campus student housing (RM & RMH)
reflective of the original State College Area
General Plan.
16) Verdemont-
The addition of PUD requirements in the Residential
(RS) is not necessary to direct standard subdivision
development.
17) Mt. Vernon Corridor -
Limited demand for extensive Commercial as designated.
Include Residential (RU & RM) as an appropriate
housing type for that portion of the community.
18) Reinstate existing "T" designation as a parking option for
older linear commercial districts.
In the past additional parking has been useful for
the expansion of existing business.
19) Alternative "H" - Adopt Residenial Medium (RM) for the area
designated in the vicinity of Baseline and Waterman.
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GROSS: 43,560
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NET: 32,670
GROSS: 43,560
ACRE: 43,560
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. AT 3.1 DUfNET ACRE =
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43,500 x 3.1 = 23 DUs
. GROSS ACRES = 435,600
. AT 3.1 DUfGROSS ACRE =
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(35% DIFF.)
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OR 4 DU/ACRE (DIFFER:
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370,260 110,800 = 134 DUs I
(3.4 DU/ACRE)
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To.
Mayor Evlyn Wilcox, City Council Members Jack Reilly, Tom
Minor, Michael Maudsley, Jess Flores, Valerie Pope-Ludlam,
Esther Estrada, Norine Miller: Planning Director Mr. Brad
Kilger: General Plan Consultant Mr. Elwood Tescher.
From:
James Wirth and Family
My name is James Wirth. I am a native and lifetime resident
of San Bernardino. My family has resided at the same address on
Sierra Way since 1955. It is my belief that through zoning, it
has been the intention of General Plan advisory and decision
making parties to revi tal i ze older and declining areas of our city.
Certainly the inner city of San Bernardino is one such area. To
quote The San Bernardino Sun article Inner cit~ San Bernardino
residents cau~ht in vice, Crime ,grips once stylish neil<hborhood
(April 30, 19 9) "It (the inner city) is the tiniest of six police
divisions in San Bernardino for one reason: it has the biggest
problem and needs the most attention. Once the city's best
address, these homes and businesses are wracked with crime and
poverty. Just a few of the oldtime residents remain, others have
died or moved away, leaving old Vistorians and shacks alike to the
influx of newcomers, many of them without jobs." Because of its
condition, portions of the inner city have been ~iven multi-
family residential zoning. Unfortunately, it came to my realiza-
tion recently that, because San Bernardino is an old city, a number
of the lots within the older inner city are slightly less than
what current policy considers' a standard sized lot to be, that is
7200 sq.ft. Because current General Plan policy states 7200 sq.ft.
must be achieved before any multi-family residential rejuvenation
can take place, and no variance-flexibility may be given where
General Plan requirements are concerned, a real prOblem has been
created within our older inner city. This is due to the fact that
a number of the lots which are within the inner city, which have
been given multi-family zoning, such as the central part of Sierra
Way, are slightly less than, wi thin 5% of, the now current minimum
of 7200 so.ft. The end result of this inflexibility to lot size is
that numerous parcels which the city truly desires to have, and
are most in need of rejuvenation will be ineligible for this reju-
venation.
For example, I discovered that a portion of what I thought
was our lot actually belongs to the city. When I recalculated our
lot size I realized our lot is slightly under, less than 5% short
of the minimum lot size. Because this lot my family lives on now
is fractionally under the 7200 sq.ft. needed, we could not even
add one additional unit. Even if we were able to combine our lot
with our neighbor's, because we would be fractionally short of the
potential our multi-family zoning offers, our two lots to,gether
would still only allow just 1.69 additional units to be built.
Previously, for more than twenty years, the city considered these
same lots on Sierra Way to be large enough to support a minimum
of three units per lot, a number of the lots have four units each
on them and one fractionally larger neighboring lot has six units
built on it. Thus, where we would have been allowed to have
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built at least the minimum of four and likelv six or possibly
even more addi ti.onal units, on two lots, under the current General
Plan we now could add 1.69 additional units to the same two lots.
In addition we, as remaining longtime residents of this area, have
already paid increased property taxes because of multi-fa~ily
zoning for more than twenty years.
A special policy, Policy Number 1.13, has already been
included in the General Plan which calls for Redevelopment Agency
cooperation in combining smaller lots to achieve minimum lot
requirements where exsisting lots are substantially below the
necessary minimums. However, this policy only applies to two
older parts of the city, Seccombe Lake and the Mt. Vernon area.
To my knowledge, no provisions at all have been made that would
assist smaller lot owners in any of the other older parts of the
city, particularly the deteriorated inner city, to help them
make their smaller lots useable under the zoning they are in.
The policy we have proposed would assist smaller lot owners,
within the inner city, by allowing them to get some feasible use
of- the zoning designation their property is in; without calling
for any change in any building stardards or development code
requirements and without the necessity of involving San Bernar-
dino's Redevelopment Agency's assistance.
Therefore, I respectfully request that our city adopt the
policy we have proposed which will allow older exsisting lots,
within the inner city, to be more easily rejuvenated. This policy
would help smaller inr.er city property owners and our city in
achieving the revitalization Policy 1.13 was designed for, for the
Seccombe Lake and Mt. Vernon areas,
We plan to attend the upcoming city council meeting devoted
to land use, on Wednesday May 10, 1989. If you wish to contact us
sooner on this policy issue, please don't hesitate to call.
James Wirth and Family
1980 Sierra Way
San Bernardino, CA 92405
Phone 886-1880
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THE SUN
April )0, 1989
THE HIGH-CRIME NEIGHBORHOODS
7j' ~dciy~:'. ~~~fl,!,~.~: ~an iBe'm~i~~j,nl~~rC~ii.4;\(
. ", _. Total calla for 110 Ice ..rvlcu' .
, ' Inne'rclty': ':~,':, frOin In.ner city: 24,90,3' . CIIY ,
, , ' .. Crlmacategory,1888_: calle
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these homel andbuilneisae'i'ai'll"
Wrecked wftIl'cttr/MJWid ~itf~~;,~
Just a few of Ule'oldllme reCklents"
. 18rnalt1; oth8f$hM dIe\l or' . , '
lI'lO'IedaWay; leavlng.oId '.' :'~ c:L"
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PROPOSED POLICY TO BE ADDED TO THE S.B. GENERAL PIA~; TEXT
Any lot within the area designated as San
Bernardino's Inner City. a section of the
city bounded on the North by Highland Ave.,
on the South by Fifth Street. on the West
by Interstate 215, and on the East by
Sierra Way inclusive shal] be given a max-
imum allowance of 5% for the purposes of
meeting minimun lot size requirements for
uses permitted under the land use designa-
tion the lot has been given; provided that
any development proposal approved for said
lot shall contain no variance to any city
building or development code requirements.
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V
m'ITION
,."
We. the undersie;ned. hereby petition the San Bernardino City: Council to
reconsider the proposed zone change for the 1300 block of North D Street.
to Reidential/Units .We need and want the zone to be Commercial/Office the
same as has been proposed for the rest of D Street from Highland Ave.. past
Baseline to town. The 1300 block currently has at least 13 businesses in
operation or licenced. others have invested in property on this block based
on the current Admin/Office zoning for building projects that llould greatly
enhance the area and thus. the town. otherwise, we fenl this could cause
a bliehted area if this ONE block is zoned differently than the rest of D
street in both directlons and become undesireable spot zoning.
NAME
.
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PETITION
......,I
We, the undc~'sicnecl, hereby petition the San Bernardino City Council to
reconsider the proposed zone change for the 1)00 block of North D street.
to Reidential/Units. We need and want the zone to be Commercial/Office the
same as has been proposed for the rest of D street from Highland Ave., past
Baseline to town. The 1)00 block currently has at least I) businesses in
operation or licenced. others have invested in property on this block oo.sed
on the current Admin/Office zoning for building projects that >rould greatly
enhance the area and thus, the town. Otherwise, we feel this could cause
a blighted area if this ONE block is zoned differently than the rest of D
street in both directions and become undesirP.able spot zoning.
----------. . - . -. --..--. ~ --". _.. -----. -.." ,... ....... -..--. . ... -- , . , .-. ..._...~ -. --. ....._. ___ _. _ c. ...___
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ADDRESS
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~Ir~ & ~lt'S~ Robert WIllis
3155 I~. Sepulveda Ave.,
Si::"\n Bet"nat'dino, G.:... '7'24(.14
HP~"ll 27, iSla':,:;;
Councilman ~eilly
City Hall
San Bernard.no, Ca.
Dear Councilman Reilly,
We are property owners in your dlstr.ct and we need your help
regard.ng the proposea zonein master plan. Our property is on D
Street In the 1300 biock. When we purchased it two years ago .t
was for the express purpose of liv.ng there and operat.ng a f.re
extinguisher company 'tnen and later adding a ta:{ preparation
business in t~\e second office. We got the permIt to live tnere
and to operate the fit~e e;~tin9uishet~ company. We wet~e plannIng on
openIng the tax prepat~atlon office thIs coming Wln~et..
The pr'oposed zone change .s to m,,\ke all 0" D Str'eet fr'om well
below Baseline to Hlghland Ave. Commercial/OffIce With tne one
exception of the 130(:1 blOCk. Why this one block should be
different we 00 not understarld. Cut~rently this 1300 block of D
Street contains 13 business pt"opet~ties and 15 residential
properties. ],t is not a good reslderltial al"'ea and se\'et~al of the
r~e~ldence5 ar~e old and not well kept. One c~ the reSIdential
prOpet~tles flas recently been sold and we understand he hoped to
build a new medical o~~ice building which he could not do undet'
the proposed zone c~lange to Residential/Units. Our understanding
o~ the new zones effects would be that any property CUt~rently
bEIng used +Ot~ bUSIness will immediately revet~t to R;U upon sale
oi the pr"operty Ot' Ii the business is not active ior 5i){ months.
Thl~ would substantlall) reduce OUt~ pt.operty values ana ma~:e it
especially difficult to find a buyer without taKing a large,
urlnaffordable loss and most of OUt. neighbors would also have the
saine p t'OD 1 em.
We at.e asking if you can set the City Council to reconsldet~
changing the zonIng on this one block and make it uniform
Ccmmet'cial/'Of~ice for all 0+ D Stt'eet ft~om below Basellne up to
Highland Av~. We are not t~e~uestin8 spot zoning. We are
requesting you elifninate spot zoning.
~e have spo~:en to several propet~ty owners on this bloci~ and all
ar~e in agt~eement with this re~uest.
Flease respond and let us know what you can do fOt~ us. If there
15 anythIng more we can do, please let us know.