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PLANNING
'R~C'[). - AD M~~iMtf.
1S89 JUN -8 PH I: is
APPROVAL OF CONDITIONAL USE
PERMIT 89-11
"rom: Brad L. Kilger, Director
Planning
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Date:
June 2, 1989
Mayor and Common Council Meeting
June 19, 1989, 2:00 p.m.
Synopsis of Previous Council action:
No previous Council action.
On May 16, 1989, the Planning Commission voted
unanimously to recommend approval of Conditional
Use Permit 89-11.
Recommended motion:
That the hearing be closed; and, that the Mayor and Common
Council accept the Planning Commission's decision and
approve Conditional Use Permit 89-11, subject to Findings
of Fact.
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OR
That the hearing be closed; and, that the Mayor arid Common
Council reject the Planning Commission's decision and deny
Conditonal Use Permit 89-11, subject to Findings of Fact.
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Contact person:
.
Brad L. Kilger
Phone:
(714) 384-5057
Supporting data attached:Staff report
Ward:
6
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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75-0262
Agenda Item No. ~:;J./
CITY OF SAN BERNiRDINO - REQUEST ~R COUNCIL ACTION
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STAFF REPORT
SUBJECT:
CONDITIONAL USE PERMIT NO. 89-11, REQUESTING
TO MOVE A 1,508 SQUARE FOOT SINGLE-FAMILY
RESIDENCE TO A LOT LOCATED AT THE NORTHWEST
CORNER OF UNION STREET AND RAMONA AVENUE
MAYOR AND COMMON COUNCIL MEETING JUNE 19, 1989
REOUEST
The applicant requests that the Mayor and Common Council
approve the moving of a 1,508 square foot, single-family
residence from a storage yard in Bloomington to a 6,713
square foot vacant lot, located at the northwest corner of
Union Street and Ramona Avenue. The proposal includes the
construction of a new two car garage.
BACKGROUND
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On May 16, 1989, the Planning Commission unanimously approved
conditional Use Permit NO. 89-11 and forwarded that decision
to the Mayor and Common council for final action pursuant to
Municipal Code Section 19.68.065 which states:
All decisions of the Planning Commission either denying
or authorizing the issuance of a permit under this
chapter shall be forwarded to the Mayor and Common
Council and shall be subject to review and approval of
the Mayor and common Council. No decision shall become
final until the Mayor and Common council has taken
action on the application.
This project has been
from the provisions of
Act under authority.
The subject site is a vacant lot with no sidewalk or curb and
gutter and is located in an older residential neighborhood
which has a mix of architectural styles. The overall quality
of housing in the area is deteriorating with many substandard
homes throughout the neighborhood.
determined to be categorically exempt
the California Environmental Quality
The proposed project is consistent with Municipal Code and in
conformance with the General Plan as shown in Attachment "A".
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According
Commission
to Code Section 19.68.090, before
could approve the building move,
the Planning
the following
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APPEAL OF CONDITIONAL USE PERMIT No. 89-11
MAYOR AND COMMON COUNCIL MEETING OF JUNE 19, 1989
Page 2
findings had to be made:
a. The moving shall be compatible with and have no
deterimental effect on the living environment in
the area into which the structure is to be moved.
b. The structure must conform to all development
standards of the zone in which it is to be
located.
c. The structure must be in harmony with the predo-
minant architectural style of the area to which it
is to be moved.
The proposed house move will result in the infilling of a
previously vacant lot which is presently full of weeds and
trash. The surrounding uses consist of a single~family
residence in good repair to the north, an older church to the
south, and older single-family residents in very poor repair
to the east and west. There is no predominant architectural
style in the immediate vicinity of the site, as the homes to
the north, east and west of the site are all different
architecturally.
The architecture of the house to be moved consists of a
combination of stucco and wood siding and a gable roof with
wood shingles. The house appears to be in good condition.
The house is similar in architectural style with an existing
house. located across the street on the southeast corner of
Union Street and Ramona Ave. The subject house will be
compatible with the surrounding homes, since they all vary in
condition and architectural style. In addition, the subject
house appears to be in better repair than most of the houses
in the immediate vicinity.
The proposed house move will conform to all development
standards of the R-1- 7200 zone district in which it is
located. Although, the lot's size and width are less than
that which is required, they are considered to be in com-
pliance since the lot was created prior to September 10,
1953, and Code section 19.08.030 exempts such lots from area
and width requirements. The applicant is proposing to modify
the side of the house facing Union Street to make it become
the front of the house. Otherwise, the existing front of the
house would face Ramona Avenue and would result in the house
not meeting the front and rear setback requirements.
The house to be moved will be compatible and in harmony with
the predominant architectural style of the neighborhood. The
moving will result in the infilling of a vacant lot which
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APPEAL OF
MAYOR AND
Page 3
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CONDITIONAL USE PERMIT
COMMON COUNCIL MEETING
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No. 89-11
OF JUNE 19, 1989
presently accumulates trash and weeds. The house move will
comply with all development standards of the zone in which it
is to be located.
MAYOR AND COUNCIL OPTIONS
The Mayor and Common Council may accept
mission's decision and approve Conditional
11 or reject the Planning Commission's
Conditional Use Permit No. 89-11.
the Planning Com-
Use Permit NO. 89-
decision and deny
RECOMMENDATION
It is recommended that the Mayor and Common council accept
the Planning commission's decision and approve Conditional
Use Permit No. 89-11, subject to the attached Findings of
Fact, Conditions of Approval and Standard Requirements.
Prepared by
James P. Mulder, Planner I
for Brad L. Kilger, Director of Planning
ATTACHMENTS:
A - Municipla Code and General Plan Conformanc
B - Findings of Fact
C - Conditions of Approval
D - Standard Requirements
E - site Plan
F - Elevations
G - Location Map
H - Statement of Officical Planning Commission
Action
I - Public Hearing Notice
PCAGENDA:CUP89-11AP
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.CITY OF SAN BERNARDINO PLANNING DEPARTMENT
. CASE CUP 89-11
OBSERVATIONS
AGENDA ITEM
HEARlNG DA!!
\lIAGI!.
6-19-89
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Municipal Code and General Plan Conformance
General
Cateaorv Proposal Municipal Code Plan
Use Single-family (R-1-7200) (RU)
residence- Permitted Pemitted
Request House moving CUP required SBMC
Height 16 feet 35 feet SBMC
Setbacks
Front 25 feet 25 feet SBMC
0 Rear 24 feet 20 feet SBMC
Side (west) 5 feet 5 feet SBMC
Side (east) 10 feet 10 feet SBMC
Lot Size 6,713 sq. ft. 7,200 sq. ft. 7,200 sq.
unless feet
exempted by
by Section
19.08.030
Lot Dimensions
Length 137 feet
width 49 feet
100 feet SBMC
60 feet SBMC
unless exempted
by Section
19.08.030
Lot Coverage 30%
35% Max. SBMC
Parking 2 car garage
2 car garage SBMC
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ATTACHMENT "B"
o CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP 89-11
FINDINGS of FACT
AGENDA ITEM
HEARING DATE 6:"'19-89
PAGE
1. The proposed use conforms to the objectives of the City's
General Plan in that the project is consistent with the
RU, Residential Urban land use designation for the site
which allows house moves with the approval of a Conditional
Use Permit.
2. The proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in
that the project will be compatible with surrounding
residential architecture and will result in the develop-
ment of a vacant lot with a structure which appears to
be in better repair than others in the area.
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3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed
use in a manner not detrimental to the particular area
nor to the peace, health, safety and general welfare in
that the required number of parking spaces, adequate
ingress/egress and the required setbacks are provided.
4. The traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed
and improved to carry the traffic in the area in that
the additional vehicle trips generated by the project
are not significant enough to impose a burden, as
determined by the City Traffic Engineer.
5. The granting of the Conditional Use Permit under the
conditions imposed will not be detrimental to the peace,
health and safety and general welfare of the citizens of
the City of San Bernardino.
6. The proposed house move is compatible with and will
have no detrimental effEcton the living environment
in the area into which the structure is to be moved
in that the house will meet all development standards
of the zone and will result in the improvement of a
vacant lot which currently cons its of weeds and trash.
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7. The proposed house move will conform to all develop-
ment standards of the zone in which it is to be
located.
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CITY OF SAN B
NARDI NO PLANNIN
EPARTMENT
CASE CUP 89-11
FINDINGS of FACT
AGENDA ITEM
HEARING DATE 6-19-89
PAGE
8. The house to be moved will be in harmony with the
predominant architectural style of the area to which
it is to be moved in that it is similar to a house
located at the southeast corner of Union Street and
Ramona Avenue and in that the area has a mix of
architectural styles with no one style predominating.
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ATTACHMENT "c"
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE CUP89-11
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
6-19-89
Conditions of Aooroval
1. If Building Permits for the project described by this
approval have not been issued prior to adoption of the
General Plan, and the project described by this approval
is inconsistent with the adopted General Plan, then the
approval of this project shall be null and void.
2. The moving and
completed within
building permits
construction of structures shall
120 days from the date of issuance
for this application.
be
of
3. Comply with all conditions and requirements relating to
moving of buildings as found in Code Chapter 19.68.
4. City Engineer shall approve grading plan for the site.
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CITY OF SA
STANDARD REQUIREMENTS
BERNARDINO
CASE CUP 89-11
AGENDA ITEM
HEARING DATE 6-19-89
PAGE
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RESIDENTIAL DEVRLOPMENT
1
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Cpl1di.tional Use
24 months from
and/or Planning
Permit 89-11
the date of
Department.
shall be in effect for a period of
approval by the Planning Commission
Additional time may be approved
commission upon written request of the applicant
prior to expiration of the 24 month time period.
Expiration Date: ,Tnnp 1 q 1 qqn
by the P:3nning
if made 30 days
COVENANTS, CONDITIONS AND RESTRICTIONS FOR P.R.D.
a.
The Covenants, Conditions and Restrictions (CC & R's) shall
be reviewed and approved by the Planning Department prior
to final approval of the tract maps. The CC & R's shall
include liability insurance and methods of maintaining the
open space, recreation areas, parking areas, private roads,
and exterior of all buildings. The CC & R's shall also
include a statement that no radio frequency antenna shall
be included within the complex except, for central antenna
systems.
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b. No lot or dwelling unit in the development shall be sold
unless a corporation, association, property owner's group,
or similar entity has been formed with the right to assess
all properties individually owned or jointly owned which
have any rights or interest in the use of the common areas
and common facilities in the development, such assessment
power to be sufficient to meet the expenses of such entity,
and with authority to control, and the duty to maintain,
all of said mutually available features of the development.
Such entity shall operate under recorded CC & R's which
shall include compulsory membership of all owners of lots
and/or dwelling units and flexibility of assessments to
meet changing costs of maintenance, repairs, and services.
Recorded CC & R's shall permit enforcement by the City of '
provisions required by the City as conditions to approval.
The developer shall submit evidence of compliance with this,
requirement to, and receive approval of, the Commission
prior to making any such sale. This condition shall not
apply to land dedicated to the City for public purposes.
c.
Every owner of a dwelling unit or lot shall own as an
appurtenance to such dwelling unit or lot, either (1) an
undivided interest in the common areas and facilities, or
(2) a share in the corporation, or voting membership in an
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CITY OF SA
ST ANDARD REQUIREMENTS
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BERNARDINO
CASE .CUP 89-11
AGENDA ITEM
HEARING DATE _ (;-1 Q-RQ
PAGE
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association, owning the common areas and facilities.
Maintenance for all landscaped and open areas, including
parkways, shall be provided for in the CC & R's.
The CC & R's shall contain wording prohibiting the storage
or parking of trailers, boats, campers, motor homes, and
similar vehicles outside of the specified common areas.
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PARKING:
2
a. This development shall be required to maintain a minimum of
2 parking spaces.
K. All parking and driving aisles shall be surfaced with two
inches of AC over a suitable base or equivalent as approved
by the City Engineer. Parking spaces shall be striped and
have wheel stops installed at least three feet from any
building, wall, fence, property line, or walkway.
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Whenever an off-street parking drea is adjacent to or
across an alley from property zoned residential, a solid
decorative wall six feet in height shall be erected and
maintained along the property line so as to separate the
parking area physically from the residentially zoned
property, provided such wall shall be three feet in height
when located within the required front or street side yard
setback. Where no front or street side yard is required,
such wall shall be three feet in height when located within
ten feet of the street line. said wall shall be located on
the north , south , east ____, west or
peripheral -=:=-property lines.
~. Whenever an off-street parking area is located across the
street from property zoned for residential uses, a solid
decorative wall or equivalent landscaped berm not less than
three feet in height shall be erected and maintained along
the street side of the lot not closer to the street than
the required depth of the yard in the adjoining residential
area. No fence or wall located in the front setback shall
obscure the required front setback landscaping. Said wall
shall be located on the north , south , east ,
west ____, or peripheral ____ property line~ ----
All parking areas and vehicle storage areas shall be lighted
duri~g hours of darkness for security and protection.
ReCI"eational vehicle storage areas shall be screened by at least
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CITY OF SA
ST ANDARD REQUIREMENTS
BERNARDINO
Q.SE-~;- 89-11
AGENDA ITEM
HEARING DATE 6-19:"RQ
PAGE.
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a six-foot high decorative wall with screened gates.
There shall be provided for each unit, within the garage or
carport, or other specifically designated area, a loft or .other
usable storage area with a minimum of 150 cubic feet in additioh
to standard utility storage.
Traffic bumps provided on the interior private roads shall be
subject to the city Traffic Engineer's approval.
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A commercial-type drive approach, as shown on
No. 204 or equivalent, shall be constructed at
the development. Location and design shall
approval of the Engineering Division.
Prior to issuance of any building permit, access rights shall be
granted to the City for the purpose of allowing access over the
private drives within the project for all necessary City
v8hicles including fire, police, and refuse disposal vehicles,
and any other emergency vehicles. The documents covering this
matter shall be prepared by the owner and approved by the
Planning Department.
standard Drawing
each entrance to
be subject to
Alj refuse storage areas are to be enclosed with a
wall. Location, size, type and design of wall are
the approval of the Planning Department and Division
services Superintendent.
decorative
subject to
of Public
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Energy and noise insulation shall comply with all state and
local requirements.
LMI DSCAPING:
a.
Four (4) copies of a master landscape plan shall
submitted to the Engineering Division for review
Rpproval. The plan shall include, but not be limited
the following:
be
and
to,
1) Size, type, and location of plant material proposed.
2) Irrigation plan.
3) Such other alternate plants, materials and design
concepts as may be proposed.
4) Erosion control plans.
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b.
Tree varieties and exact locations will be determined prior
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CITY OF SAN ERNARDINO
T ANDARD REQUIREMENTS
QSE CUP89-11
AGENDA ITEM
HEARING DATE .ii-19-89
PAGE
c.
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to planting by the Director of the Parks and Recreation
Department or his/her designee. A minimum number of one
inch caliper/15 gallon, multi-branched trees shall be
planted within the parkway for each of the following types
of lots, as per the city's specifications:
1) Cul-de-sac lot -- one tree:
2) Interior lot -- two trees:
3) Corner lot -- three trees.
To protect against damage by erosion and negative visual
impact, surfaces of all cut slopes more than five feet in
height and fill slopes more than three feet in height shall
be protected by planting with grass or ground cover plants.
Slopes exceeding 15 feet in vertical height shall also be
planted with shrubs, spaced at not to exceed ten feet on
centers: or trees, spaced at not to exceed 20 feet on
centers: or a combination of shrubs and trees as cover
plants. The plants selected and planting methods used
shall be suitable for the soil and climatic conditions of
the site:
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Trees 10%, 15 gallon: 40% 5 gallon; 50%; 1 gallon.
Shrubs 20%, 5 gallon: 80%, 1 gallon.
Ground cover 100% coverage.
d. Slopes required to be planted shall be provided with an
irrigation system approved by the Parks and Recreation
Department.
e. The maintenance of graded slopes and landscaped areas shall
be the responsibility of the developer until the transfer
to individual ownership.
f. All grading and drainage facilities, including erosion
control planting of graded slopes, shall be done in
accordance with a grading plan approved by the City
Engineer. A grading permit shall be obtained prior to any
grading being done.
All lots shall have a minimum area of square feet, a
minimum depth of ____ feet, and a minimum width of ____ feet,
<____feet on corner lots). In addition, each lot on a cul-de-
sac or on a curved street where the side lot lines thereof are
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CITY OF SAN.
ERNARDINO
C SE CUP 89-11
T ANDARD REQUIREMENTS
AGENDA ITEM -'----.:--
HEARING DATE "&-19-89 _
PAGE
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diverging from the front to rear of the lot, shall have a width
of not less than 60 feet measured at the right angle to the lot
depth at the midway point between the front and rear lot lines,
and a width of not less than 40 feet measured along the front
lot line as delineated on the tract map.
Where lots occur on the bulb of the cul-de-sac, a minimum lot
depth of ____ feet will be permitted. If the proposed depth is
less than feet, a plot plan must be submitted to
demonstrate that a buildable lot area is possible and to justify
the lesser depth.
Variable front building setback lines of at least ____ feet and
averaging feet, and side street building setback lines 15
feet shall ~delineated on the final tract map. . All garage
entrances on a dedicated street shall have a minimum setback of
18 feet.
Perimeter walls and walls required along the rear of all double
frontage lots shall be designed and constructed to incorporate
des~gn features such as tree planter wells, variable setback,
decorative masonry, columns, or other such features to provide
visual and physical relief along the wall face.
The developer shall obtain Planning Department approval of the
visual or engineering design of the proposed wall.
When graded slopes occur within or between individual lots, the
slope face shall be a part of the downhill lot. Exceptions to
this requirement must be approved by the city Engineer. .
Graciing and revegetation shall be staged as required by the City
Engineer in order to reduce the amount of bare soil exposed to
precipitation.
Comp.1.iance wi.th all recommendations of the Geology Report shall
be r.'!q~lired (if applicable).
Any ~lubhouse, swimming pool, spa, putting green, picnic areas
or m':1er amenities shall be installed in the manner indicated on
the dpproved site plan.
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During construction the city Engineer may require a fence around
all or a portion of the periphery of the tract site to minimize
wind and debris damage to adjacent properties. The type of
fenCIng shall be approved by the City Engineer to assure
adequate project site maintenance, clean-up and dust control.
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CITY OF SAN
REQUIREMENTS
ERNARDINO
CASE CUP 89-11
TANDARD
AGENDA ITEM
HEARING DATE
PAGE
6-19-89
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No certificate of occupancy shall be issued prior
with these standard Requirements as well as all
the San Bernardino Municipal Code.
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MECHANICAL EQUIPME~T:
a. All utility service boxes, connections and service lines
shall be painted to match the building exterior on which
they are located.
b. All existing overhead utility services and wiring shall be
relocated underground.
c.
No roof-mounted equipment shall be placed on any
unless screened as specifically approved by the
Department (except for solar collection panels).
building
Planning
d.
All utility systems including gas, electric, telephone,
water, sewer and Cable TV shall be provided for
underground, with easements provided as required, and
designed and constructed in accordance with city Codes and
the utility provider. Telephone, Cable TV, and/or security
systems shall be pre-wired in the residences.
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ATTACHMENT "G"O
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
AGENDA
ITEM #
Q
LOCATION
CASE CUP 89-11
HEARING DATE Ii-I q-Rq
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PROJECT
Number:
ATTACHMENT "H"
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City of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
CONDITIONAL USE PERMIT 89-11
Applicant:
Carol Hamil
ACTION
Meeting Date: May 16, 1989
x Approved Adoption of Negative Declaration and
Request Subject to the Following Findings of
Fact, Conditions of Approval and Standard
Requirements.
Denied.
Other.
FINDINGS OF FACT
1.
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The proposed use conforms to the objectives of the
City's General Plan in that the project is consistent
with the Interim Policy Document and Preferred Land Use
Alternative land use designation for the site which
allows house moves with the approval of a Conditional
Use Permit.
2. The proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in
that the project will be compatible with surrounding
residential architecture and will result in the
development of a vacant lot with a structure which
appears to be in better repair than others in the area.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed
use in a manner not detrimental to the particular area
nor to the peace, health, safety and general welfare in
that the required number of parking spaces, adequate
ingress/egress and the required setbacks are provided.
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4.
The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area
in that the additional vehicle trips generated by the
project are not significant enough to impose a burden,
as determined by the city Traffic Engineer.
5.
The granting of the Conditional Use Permit under the
conditions imposed will not be detrimental to the peace,
health and safety and general welfare of the citizens of
the City of San Bernardino.
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city of San Berna~no c:>
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
Conditional Use Permit No. 89-11
Page 2
6. The Planning Department has investigated whether the
land use project identified in Conditional Use permit
No. 89-11 application is consistent with the land use
designations and policies in the Preferred Land Use
Alternative Map and the Interim Policy Document. The
proposed land use project is consistent with the Interim
Policy Document adopted by the Mayor and Common Council
on May 23, 1988, amended on June 6. 1988 and August 1,
1988, and approved by the State Office of Planning and
Research on June 9, 1988, in that the Document and Map
designates the proposed site for RS Residential Suburban
uses which includes house moves with a. Conditional Use
Permit.
7. The proposed house move is compatible with and will have
no detrimental effect on the living environment in the
area into which the structure is to be moved in that the
house will meet all development standards of the zone
and will result in the improvement of a vacant lot which
currently consists of weeds and trash.
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8.
The proposed house move will conform to all development
standards of the zone in which it is to be located.
9. The house to be moved will be in harmony with the
predominant architectural style of the area to which it
is to be moved in that it is similar to a house located
at the southeast corner of Union Street and Ramona
Avenue and in that the area has a mix of architectural
styles with no one style predominating.
CONDITIONS OF APPROVAL
This project was approved subject to the attached conditions
and standard requirements contained in Attachment A.
VOTE
Nays:
Abstain:
Absent:
Brown,
Stone
None
None
Sharp
Cole,
Corona,
Lindseth,
Lopez, Nierman,
Ayes:
o
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city of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
Conditional Use Permit No. 89-11
o Page 3
I, hereby, certify that
accurately reflects the
Commission of the city of
this Statement of Official Action
final determination of the Planning
San Ber ardino.
Brad L. Kilger, Director of Planning
Name and Title
cc: Project Property Owner
Project Applicant
Building and Safety Dept.
Engineering Division
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PCAGENDA:
PCACTION
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ATTACHMENT "I"
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PUBLIC HEARING NOTICE
A notice of the public hearing was sent to property
owners within 500 feet of the subject property at least
ten days prior to the hearing.
A copy of the notice is attached.
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