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Home My WebLink AboutS07-City Attorney '- (., CITY OF SAN BERNARDINO - . '--' -...I REQUEST FOR COUNCIL ACTION Dept: city Attorney september 16, 1987 Subject: Appeal- of Richard I. Hehr from Requirement to Underground Utilities. ~ _ /' . rg From: JOHN WILSON Date: Synopsis of Previous Council action: 1) September 8, 1987- 5 appeals from undergrounding requirement referred to Legislative Review Committee. 2) September 10, 1987- Legislative Review Committee heard testimony re-problem. Recommended motion: That appeal of Richard I. Hehr from Requirement to Underground Utilities be granted. or That Bppeal of Richard I. Hehr from Requirement to Underground Utili ties be denied. / Contect person: JOHN WILSON Phone: 5162 Supporting data attached: Staff Report Ward: FUNDING REQUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notes: ~-2 CI'tY OF SAN BERNAR~O - REQUWT FOR COUNCIL AcrloN STAFF REPORT On April 16, 1985, Applicant Janice Good was granted variance No. 85-1. The variance was from the minimum required 5 foot commercial building setback from residential zoned property. Conditions were attached to the variance. Condition No. 10 is the requirement for undergrounding of utilities which reads: all utility lines shall be installed underground subject to exceptions approved by the Planning Department and the City Engineer. Party thereafter proceeded to underground on-site utitlies was not aware the overhead lines were to be undergrounded until approximately two weeks ago. Project is complete and read for certificate of occupancy. City Attorney's office was not made aware of this situation until after the Agenda deadline. Due to the agreements applicant has with prospective tenant and due to the allega~on that Building and Safety failed to notify the applicant , of the requirement to underground overhead lines an immediate hearing is deemed advisable. Therefor the item is submitted for the supplemental agenda. 75.0264 to''' \.... ~ I T\ (, C\.l.JiJ LN(" /-7/1'384 ~o'$'1 }\\l4. ~bl~ " :J "...." CITY OF SAN BERNARDINO Clrr fZJ1J6. ~\j~- ~~~ r;.\(.tt:> f~fO..);:~1' 5111 ,.,-:- - .... . 300 NORTH "0" STREET, SAN 8ER~ilOINO. CALIFORNIA 92418 ~ ' l"",.' .. ,'- =1ob.r~ A. Castaneda . . . . . . . . . Flr't Ward ..aC:1< Rell!y. . . . . . . . . . . . . . Second Wlrd RaloP'l ~ern.nd.Z . . . . . . . . . . . Th;rd Ward Steve Merkt. . . . . . . , . . . . . Fourtn Ward Gordon Qullll . . . . . . . . . . . . . Flftn Ward O.Jn Fruler . _ . . . . . . . . . . . . Sidn Wlrd Jack. Strlckl., . . . . . . . . . . . .Seventh Ward b~~ .. .-.. . ~ :. W,R, "80B" HOLCOMB Mayor Membe,s 01 the Common Council ",' April 22, 1985 '\ ~ , , . ~ r" " '. . Ms. Janice Good 133515 Washington Boulevard, .201 Los Angeles, CA 90066 I I -S1f/}4VN1- v.0J~k: I ~ Glr., Q~k " Dear ~Is. Good: At the meeting of the Planning Commission on April 16, 1985, the following action was taken: The application for Variance No. 85-1, to delete the mlnlmum required five foot setback for a commercial building adjacent to residentially zoned property located on approximately .37 acre at the northeast corner of 40th Street and Sepulveda Avenue, was approved based upon findings of fact contained in the staff report dated April 16, 1985 and subject to the standard requirements listed therein. According to 19.74.080., the application: the San Bernardino Municipal Code, Section following applies to the filing of a variance ftThe decision of the Commission shall b~ final unless an appeal therefrom is taken to the Common Council as provided for in this section. Such decision shall not become effec- tive for ten days from the date that the written decision has been ~ade and notice thereof mailed to the applicant, during which ti~e written appeal therefrom may be taken to the ,P'> "'", c r"', -...../ Ms. Janice Good April 22, 1985 Page 2 Council by the applicant or such decision. The Council any Commission decision to be any other person aggrieved by may, upon its own motion, cause appealed.- Respectfully, 0>> FRANK A. SCHUMA Planning Director mkf cc: Building and Safety Dept. Engineering Division Mr. and Mrs. Eric Erickson 4040 Goodell Lane Reno, NV 85913 I /" ~ r '- r CITY OF SAN /' ., .-..J BERNARDINO PLANNING SUMMARY .... l&.l en <l: <.J t;; l&.l :) ~ a: ...... <l: l&.l a: <l: PROPERTY Subject ~;orth South East :.iesc APPLICANT Variance ~o, 85-1 OWNER DEPARTMENT "' AGENDA ITEM 1(, HEARING DATE ~-1 (,_Fl, WARD 4 .J Janice Good 13315 Washington Blvd, 1201 Los Angeles, CA 90066 Mr, & Mrs. Eric Erickson 4040 Goodell Lane Reno, ~evad~ 89513 Subject property is a rectangularly_shaped parcel of land consisting of approximately ,37 acres located at tne northeast corner of 40th Street and Sepulveda Avenue. The applicant requests a variance of Code Section 19.26.080.8 to delete the minimum required five (5) foot commercial building setback from residential zoned property. EXISTING LAND USE ZONING C-JA R-2 C-JA C-3A C-3A GEOLOGIC / SEISMIC HAZARD ZONE HIGH FIRE HAZARD ZONE I i ! I \. Vacant Service Station Single-Family Residence Corrunercial Corrunercial Commercial DYES fil NO DYES @:No FLOOD HAZARD ZONE DYES {:I NO AIRPORT NOISE / DYES CRASH ZONE t3I NO ..J D NOT D POTENTIAL SIGNIFICANT Z ~ APPliCABLE EFFECTS 0 WITH MITIGATING - Zen I MEASURES NO EIR ti l&.l(!) Q EXEMPT DE I R u.O 2Z REOUIRED aUT NO u.~ z- SIGNIFICANT EFFECTS 00 I WITH MITIGATING ~2 a:Z MEASURES en2 :;i4' 0 z D NO D SIGNIFICANT EFFECTS <.J l&.l SIGNIFiCANT SEE ATTACHED ERC l&.l EFFECTS MINUTES a: NOY 1911 "EVISfO JULY 1'" ,"y GENERAL PLAN DESIGNATION General Commercial Residential 8-14 du/ac General Commercial General Corrunercial General Co~~ercial UZONE A OZONE a J ) t9<vES 0'10 SEWERS REDEVELOPMENT PROJECT ARE^ U YES 8NO Ox APPROVAL 19 CONDITIONS D DENIAL D CONTINUANCE TO I I '- c .._,....r' - CITY OF SAN BERNARDINO " CASE Variance ~o. 85-1 REQUIREMENTS STANDARD \.. AGENDA ITEM HEARING DATE PAGE 16 :'-l6-85 8 r -L MECHANICAL EQUIPMENT: lj l. .~ ~ ~ ~ ~~ .~ ~ ~ ~ ~ ~ ~* '- ~ q ~ ~ - ~ ~ -- ~ \J -L --..L -L -1Q.. --1L ~ "'< l2 b '" ....A.V .. " a. Air conditioning and vent ducts shall be directed away from any adja- cent residential uses. b. All mechani cal equi pment located on the located away from adjoining residential be approved by the Planning Department. Compliance with all recommendations of the Geology Report shall be required (if appli cable). roof shall be screened and uses. Screening design shall Grading and revegetation shall be staged as required by the City Engineer in order to reduce the amount of bare soi 1 exposed to precipitation. During construction, the City Engineer may require a fence around all or~a portion of the periphery of the 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. Within 75 feet of any single-fami ly residential district, the maximum hei ght of any bui ldi ng shall not exceed one-story or 20 feet unless the Commission determines that due to unusual topographical or other features, such restrictive height is not practical. . All uti li ty li nes shall be installed underground subject to excepti ons ~ approved by the Planning Department and the City Engineer. No Certificate of Occupancy shall be St3ndard Requirements as well as all Municipal Code. issued prior to compliance with these provisions of the San Bernardino SIGNS: All signs shall be in conformance with San Bernardino Municipal Code Section 19.60. Three copies of a plot plan and elevation of the sign drawn to scale shall be submi tted to the Planning Department for review and approval pri or to issuance of the si gn permi t from the Bui ldi ng and Safety Department, a. Monument-type signs shall not be located within the required setback for the zoning district in whiCh the sign is located. The monument sign shall be located a minimum of 5 feet from the property line. :f the monument sign is located within the setback, it shall not exceed an overall height of 3 feet. b. All freestanding signs must have 8 feet of clearance between average ground level and the bottom of the si gn. ..I