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HomeMy WebLinkAbout17-Planning .."" " CI-A- OF SAN BERNARDQO - REQU~T FOR COUNCIL ABiON From: Frank A. Schuma Planning Director Subject: Appeal of Request for Deletion of Condition of Approval for Parcel Map No. 7775. Mayor and Council Meeting of April 1, 1985, 2:00 p.m. Dept: Planning Date: March 21, 1985 Synopsis of Previous Council action: Previous Planning Commission action: At the meeting of the Planning Commission on February 19, 1985, the following action was taken: The request for deletion of condition of approval #3, which requires extension of Meyers Road and provision of two means of access for previously approved Parcel Map No. 7775, was denied. Recommended motion: That the hearing on the appeal be closed and the decision of the Planning Commission be affirmed, modified or rejected. Signature Frank A. Schuma Contact person: Frank A. Schuma Phone: 383-5057 5 Supporting t1ata attached: Yes, Staff Report Ward: FUNDING REQUIREMENTS: Amount: Sou rea: Finance: Council Notes: Annn.... I.n_"n / /. ""lilt I'" , ..0-- TRElNi-ElM cRlfl&IYERK o .85 FEB 26 A10 :26 '-'...' February 20, 1985 City of San Bernardino City Council Dear Sirs: .' , .' " We respectfully request a meeting with the city council in regard to the Planning COmmission's denial of our request to amend the requirement for two improved dedicated access roads to our property. . To explain- We have four lots at the Northwest corner of Mag- nolia and Meyers Road. Magnolia is a fully improved road. We have been required to pave a second access road from Little League-this road is dirt at the present time and is being used as an access road to the lots south of ours<while Meyers road.is being developed. We fully understand the necessity of'.,,\:;he two access's. for emergency purposes-however, we feel tha1;':j.:f' the road is graded it will work perfectly well for the purpose for which it is intended-a. secondary access for ingfess and egress for emergency purposes i.e. - Fire, POlice, and etc. . The burden of the expense has been placed on our four lots as the property to the south was approved prior to the new requirement for two accesses and the property it burdens has !lad no development. We believe the ordinance to ask for two dedicated accesses. however, we do not feel they need be two fully improved accesses as it is only serving four houses, not a tract of 50 homes. . .',. . '."; , . . -..,', ~S-AM C";J'ITOIJ' A./' a .-#! an O. Hodges III I ....,.. ~.-.. j'", -'. ,',.': ../l.:P;',': ,.~i' ~fr '\i.;.' ".,,11, . ,i', (" /, .1(-. ..,' >.,.,..;.:;.e,,( ~.;...;..;':',fi';:I;:: ~ __- ,?J't.~""."'."-":'.'~.:"" -:](1'" 1,,-< I..;.~. ,h .Iv"; ,:,"y 1z.:.::..t:~\ ..',' /..; ,-.' . "~';" ;." ~'P,; .,' Please Conside~, . "'.":.' . ...", .~.. ~"'~ -'\\\0\1 , , ',' ~ '. . . . - - 'k,' 'f> ',) ,~ -' ...... ":.' 8621 JUNIPER AVE., SUITE 109 . FONTANA. CALIFORNIA 92335 . (714) 350-4644' IllllllI __111--_11 o / (' o o ( o . ',;'."'1 C. " ; " J- .-:' . .~;\. '\ CITY OF SAN'BERNARDINO . .'"..,1 "'"'J '-.,. '. ':~>'~~<'~;/ ,~.- --.-.' - \......~ '-' ", .....~.: ~ U,.,:....; ..~ i'i-fE 1'h" 3OO'NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA 9241B W.R. "BOB" HOLCOMB Mayor Member. of the Common Council Robert A. Castaneda. . . . . . . . . First Ward Jack Reilly. . . . . . . . . . . . . . SecORd W.rd Ralph Hernandez. . . . . . . . . . . Third Ward Steve Marks. . . . . . . . .-. . . . Fourth Ward Gordon Quiet . . . . . . . . . . . . . Fifth Ward Dan Frazier . . . . . . . . . . . . . . Sixth Ward Jack Strickler. . . . . . . . . . . .seventh Ward February 22, 1985 Mr. Ian Hodges 8621 Juniper Avenue, Suite 109 Fontana, CA 92335 Dear Mr. Hodges: At the meeting of the Planning Commission on Februry 19, 1985, the following action was taken: The request for deletion of condition of approval 13, which requires extension of Meyers Road and provision of two means of access for previously approved Parcel Map No. 7775, which created a four lot subdivision in the R-1-7200 Single-Family Residential zone on property consisting of approximately five acres having a frontage of approximately 340 feet on the west side of Magnolia Avenue and being located apprDximately 365 feet south of the centerline of Ohio Avenue, was denied. According to 18.28.120., the map: "Any aggrieved person may, within ten days of receipt of written notice of the decision, appeal in writing to the Mayor and Common Council." the San Bernardino Municipal Code, Section following applies to the filing of a parcel ;. t. o Mr. Ian Hodges February 22, 1985 Page 2 ( o If no appeal is filed pursuant San Bernardino Municipal Code, shall be final. Respectfully, ~~.l~ 11'\. FRANK A. SCHUMA Planning Director mf cc: Building and Safety Dept. Engineering Division ;. o ( IlJIJIIl__ -III to the above pJ:ovJ.s:LOns of the the action of the Commission . . o . . '''''''' " JTY OF SAN (~ER~~RDIN? 0- . ( lEMORANDUML- . ( Subject To Planning O:mnission From Planning Department Parcel Map No. 7775 "ate February 19, 1985 Approved ItBll No.6, Ward No. 5 Date OWNER/APPLI CANT: I an Hodges 8621 Juniper Avenue Suite 109 Fontana, CA 92335 The applicant and owner of Parcel Map No. 7775 requests an amendment to the conditions of approval for Tentative Parcel Map No. 7775: The subject parcel map, approved by the Planning Commission on February 7, 1984, allowed the division of 5 acres into 4 one-acre parcels for single-family development. Parcel Map No. 7775 is located at the northwest corner of Magnolia Avenue and Meyers Road approximately 365 feet south of Ohio Avenue. ( The 5-acre parcel of land proposed for division has its eastern side lot line on Magnolia Avenue which is presently dedicated and improved. Access to the four parcels will be provided from Meyers Road which is currently undedicated and unimproved. The subject property is located within the High Fire Hazard Area as defined on the City of San Bernardino Environmental Hazards map. Therefore, two means of dedicated, improved access must be provided to the property as required by San Bernardino Municipal Code Section 18.40.160. Section 18.40.160 of the San Bernardino Municipal Code states: provision for ingress and egress. A tentative map, final map, tentative parcel map, or parcel map shall provide for at least two different routes for in- gress and egress. Such routes shall be dedicated to the public, shall have a minimum paved width of 24 feet, and shall conform to all standards contained in this section. The purpose of these routes is to permit accessibility of fire fighting and other public equipment and to permit orderly emergency evacuation. Upon a specific finding that the public health, safety, and welfare do not require such access, under the circumstances of that particular application, the Commission or the Mayor and Common Council may approve any such map with only one route in either of the following circumstances: A. The property is outside the high fire hazard area; or elry ON rHI::at~~ 11111111 nJ o ( o o. ( o ( Parcel Map No. 7775 February 19, 1985 Page 2 B. An existing street provides only one route for ingress and egress, not more than 2,000 feet of street extension is required, and the parcel map creates not more than two resi- dential lots,. one of Which the applicant represents will be occupied as his or her primary place of residence. ( The subject property is wi thi n the Hi gh Fi re Hazard area and does pro- pose more than two residential lots and, therefore must comply with the provision of two means of ingress and e9ress. In order to achieve compliance with this requirement, the Engineering Oepartment attached a condition of approval, #3 (6 & H), Which required the applicant to improve and dedicate Meyers Road from Magnolia to Little League Drive, a total distance of approximately 1386 feet. The applicant is currently requesting a deletion of this requirement reflected in the Engineering Department Condition No.3 (6 & H). The applicant, in his letter, cites the parcel map to the south of his property as justification for the requested waiver because that pro- perty owner was not required to participate in the extension of Meyers Road. Parcel Map No. 6573, approved by the Planning Commission in January of 1981, divided five acres into four parcels located on the south side of Meyers Road and the west side of Magnolia, adjacent to the southern boundary, across Meyers Road, from the subject Parcel Map No. 7775. Parcel Map No. 6573 had a condition of approval requiring provision of a second means of access from Magnolia Avenue to Little League Drive. The Mayor and Common Council, however, deleted this condition at their meeting of February 23, 1981. The deletion of the secondary access requirement was made by the Common Council prior to the adoption of Municipal Code Section 18.40.160 in 1982 requiring the second means of access for all subdivisions within the High Fire Hazard Area. There- fore, if this map were to be brought back before the Council today, the secondary access would be required, as it is for the current Parcel Map No. 7775. The applicant also indicates that the cost of such extension would be excessive and that because the property to the south, as referred to above, was not required to extend Meyers Road a hardship has been created on hi m. However, other property owners in the vicinity have been required to comply with the provisions of Title 18 for secondary access. I""'" ''', " o ( o o ( o ( Parcel Map No. 7775 February 19, 1985 Page 3 Parcel Map No. 7936, located at the southeast corner of Ohio Avenue and Magnolia Avenue, northeasterly of the subject property, was approved by the Planning Commission on June 7, 1983, to divide five acres into four parcels. Parcel Map No. 7936 was required to provide full improvements and dedication of Ohio Avenue from Magnolia Avenue to Palm Avenue for a distance of 2,600 feet. The Fire and Engineering Departments have indicated that compliance with the condition for improvement and dedication of Meyers Road is necessary to provide adequate emergency and evacuation access to the property and provides for orderly and reasonable development of the area. Approval to divide the property is predicated upon the provi- sion of two means of adequate access to the site to protect the future property owners. If, the applicant is unwilling to comply with these basic Code requirements, the property should remain undivided until such time as Meyers Road is extended to Little League Drive. RECOMMENDATION ( Staff recommends denial of the applicant's request to delete the Engineering Department Condition of Approval No. 3(G & H) to extend Meyers Road and provide two means of access to Parcel Map No. 7775. Respectively submitted, FRANK A. SCHUMA Planning Director Jw--h ~ ,Lf' KNECHT l. Associate Planner ( l~lIT JII Iii o TRllis -lll'rl : REllbfV o ( January 22; 1985 In re~erence to Tentative Tract Map No. 7775, regarding cond- ition #3 Items G & H. , ( We are processing a map identical to the lot split on the South side o~ Meyers Rd. The owners o~ these lots have not been required to participate in the above re~erenced require- ments. At one time during the processing stages on the south split they were required to put in the fire access road. How- ever, this requirement was deleted, We understand that this was done prior to the area being declared a high~ire hazard area. But we ~eel that participation in this road should have been imposed on the south side upon pulling o~ permits. In not doing so this has created a hardship on our ~our lots. We are providing a minimum of two fire hydrants on our side o~ Meyers Rd. this road is only 662 feet inlength ~rom Magnolia and has very good access ~or ~ire and emergency equipment and also ~or evacuation purposes. Also, exj.sting at this time is a dirt access raod completing Meyers ~oad to the west to Little League Dr. We feel as Hill dwellers ourselves that this pro- vides excellent exposure ~or any and all einergency situations, i.e. earthquake or ~i're. I~ we were not to develop our lots ~or sometime what would the ~ire department do to gain access from Little League to the two homes currently under construction on the south side. Cost on the fire access has become prohibitive. to complete. We respectfully request that condition 3 Items G & H be deleted from tentative tract map 7775. road you are requiring ~or only ~our lots OUr estimates are in excess o~ $40,000 8621 JUNIPER AVE., SUITE 109 · FONTANA, CALIFORNIA 92335 . (714) 350-4644 ""'I" II I' o ( o o. ( o ~ \ TENTATIVE PARCEL MAP NO. 7775 SlUt' 1 tf 1 MET ( ..,., "I II THE un Of SA. .nIAIDlN "I", . .hltl... ~.. fllrtt.. ., "ad n. of u. 1..........L...................Il1...,...,t.,,....... t.IDoll' of.......... t. 1ltcor4.., 1M ....-..t... c..tr. SUM flfCelt.....'. M"f#,"~r "6S \1r':'ml\~ ..,1.... ~It'-'. ,,'" '1--'1'- .., ;0;;...., ilL __._11..'- .....,...". ~ OHIO AVE. ..,.,.. - t./ ,- ~". ''"' , 1 iJ SM.I '" II ,.. ... v_...t " .,.. t i ..,'. .... ... 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CA .. 11..... ..- ruw til o ( o o. ( o CITY OF SAN BERNARDINO PLANNING DEPARTMENT ~ r AGENDA '" ITEM # ( LOCATION CASE P'.M. In775 HEARING DATE 2/19/85 6 ... .... ... ...011 R -1-10,800 L",~ I . \ R-I- 21,12 ACRES R-I-10.800 '( R-I-IACRE ( \ R-I-IACRE ~ 2~~/J