HomeMy WebLinkAbout38-City Attorney
CITY OF SAN BERNOIDINO - REQUEST OR COUNCIL ACTION
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From: James F. Penman
Subject: Initiate General Plan Amendment
Dept: City Attorney
Date: July 8, 1991
Synopsis of Previous Council action:
None.
Recommended motion:
Motion: Direct Staff to initiate a General Plan Amendment in the area
generally described as: The approximately 29 acres located
north of 28th Street, east of Michelle Lane and west of Seine
Ave. in the City of San Bernardino, to increase density but to
retain single family designation.
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r/ Signature --
Contact person: Dennis l\. R"rlnw
Supporting data attached:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriDtion)
Finance:
Council Notes:
75.0262
Agenda Item No
38
CITY OF SAN BERr6MDINO - REQUEST -'dR COUNCIL ACTION
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STAFF REPORT
As the Mayor and Council are aware, litigation was filed
against the City relating to its actions involving the
approximately 29 acres generally located north of 28th Street, east
of Michelle Lane and west of Seine Ave. in the City of San
Bernardino. After a lengthy jury trial, judgment was issued
concluding that the City had violated the rights of the developers
and finding the City liable for damages in the amount of $11.5
million dollars. However this damage award was set aside and a new
trial ordered on only the amount of damages.
In an attempt to settle this potentially expensive litigation
it is suggested that the City considered allowing the developer to
develop the subject property at a somewhat increased single family
density than currently allowed under the City's General Plan but
that the requirement for single family residences be retained.
It is recommended that the Mayor and Common Council direct
Staff to initiate a General Plan amendment to accomplish these ends
by increasing the single family density in the affected area.
75-0264
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