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CIO' OF SAN BERNARDIOO - REQullOT FOR COUNCIL ACQoN
From:
Ralph H. Prince
City Attorney
Subject:
Repeal of Ordinance Nos.
MC-444 and MC-445,Pertaining
to Change of Zone Nos.
84-29 and 84-31
Dept:
Da~: April 11, 1985
Synopsis of Previous Council action:
At the eouncil meeting of February 4, 1985, the City Attorney was
directed to prepare the amendment to initiate the change in the
Land Use Zoning Ordinance for Petition Nos. 84-29 and 84-31.
At the March 18, 1985 Council meeting, the two proposed ordinances
received first reading. The Planning Director and City Attorney
were directed to obtain density bonus waivers for the two parcels
prior to final reading scheduled for April 1, 1985.
At the Council meeting of April 1, 1985, Ordinance Nos. MC-444
and MC-445 were adopted, without obtaining density~nus waivers.
Recommended motion:
1. That the matter be continued to the next regular meeting
to reconsider approval of change of zones 84-29 and 84-31.
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2. Approve urgency ordinance repealing adoption of
Ordinance Nos. MC-444 and MC-445.
JUSTIFICATION POR PLACEMENT ON SUPPLEMENTAL AGENDA
The City has been unsuccessful in obtaining a density bonus waiver
from the developer on the parcels of property involved in the
proposed zone changes. Ordinance Nos. MC-444 and MC-445 will go
into effect May 3, 1985 if not repealed, and the deve&oper will
have the benefit of the zone changes without signing a density bonus
waiver. A':2/.J)~. '
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Signature ' ,-,_.. ~,-
Contact person: John Wilson Phone: 5162
Supporting da~ attached: Yes Ward: First
FUNDING REQUIREMENTS: Amount: None Source: N/A
Finance:
Council Notes:
75-0262
Agenda Item No,
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CIO' OF SAN BERNARDOo - REQUOT FOR COUNCIL A~ON
STAFF REPORT
At its regular meeting of April 1, 1985, the Mayor and Common
Council adopted Ordinance Nos. MC-444 and MC-445. These
ordinances adopted zone changes as described in Petition Nos. 84-
29 and 84-31. Pursuant to the policy of the Mayor and Common
Council, on Thursday, April 4, 1985, an attempt was made to
obtain the signature of the developer of these parcels on the
covenant running with the land waiving density bonus. The
developer of both parcels is Mr. Cliff Carel. In discussions
with Mr. Carel, Mr. Carel related that it was his belief that he
had previously been granted a density bonus pursuant to
development assistance received from the Redevelopment Agency.
It was his feeling, and it was agreed by this office, that if
these facts were true, the execution of density bonus waiver
would be inappropriate in this instance. Upon a review of the
records there was no evidence found of a grant of a density bonus
to Mr. Carel by any agency of the City.
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On Friday, April 5, 1985, a second attempt was made to obtain the
signature of Mr. Carel on the density waiver. At that time, Mr.
Carel indicated that he would be unwilling to execute such
agreements. He further indicated that he would have his
representative,. Mr. Norris Gregory, contact this office to
straighten out the matter. The matter was discussed in a
telephone conversation with Mr. Gregory on April 10, 1985. It
was explained to Mr. Gregory that if the density waivers were not
executed, an urgency ordinance would be presented to the Common
Council at its next regular meeting, repealing Changes of Zone
84-29 and 84-31. Mr. Gregory stated that he preferred that the
ordinance be presented so that the matter might be discussed
before the Mayor and Common Council.
75-0264
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING ORDINANCE
NOS. MC-444 AND MC-445, AND DECLARING THE URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS,
SECTION 1. Ordinance Nos. MC-444 and MC-445 are hereby
repealed.
SECTION 2. Urgency. This ordinance is an urgency measure,
which shall take effect and become operative upon its adoption.
The facts constituting such urgency are that at the regular
meeting of the Mayor and Common Council held on April 1, 1985,
Ordinance Nos. MC-444 and MC-445 were inadvertently given a final
reading. This final reading was contrary to the directive of the
Common Council that density bonus waivers be executed by the
developers of residential housing projects prior to final reading
of the ordinances establishing a change of zone for such project.
If these ordinances are not immediately repealed, they will
inadvertently become law despite being contrary to the expressed
policy of the Common Council, which policy has been established
under the authority of San Bernardino Municipal Code Section
19.06.090 Subsection B.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
I
I Bernardino at a meeting thereof, held
Ion the day of , 1985, by the following
I vote, to wit:
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AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this day
of
Approved a. to form:
, 1985.
Mayor of the City of San Bernardino
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