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CITC>OF SAN BERNARDI6 - REQUEQ- FOR COUNCIL AC-Q)N
Frank A. Schuma
From: Planning Director
Subject: Appeal of Variance No. 85-5
Dept: Planning
Date: June 5, 1985
Mayor and Council Meeting of
June l7, 1985, 9:00 a.m,
Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on May 21, 1985, the
following action was taken:
The application for Variance No, 85-5 was denied.
Vote: 5-3, 1 absent.
Recommended motion:
That the hearing on the appeal be closed and the decision of
the Planning Commission be affirmed, modified or rejected,
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Signature Fr ank A, Schuma
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Contact person:
Frank A. Schuma
Phone:
383-5057
7
Supporting data attached:
Yes, Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
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RECEIVF'I-r' T'~ :~: fRr
'85 IiAY 29 P 1 :53
May 29, 1985
Shana Clark
City Clerk
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92401
Dear Ms. Clark:
We would like to make an appeal to the Mayor and
Common Council, for variance application number 85-5, which
was denied by the Planning Commission on May 21, 1985.
Our appeal is based on the design of our development
having a two story multifamily structure within 75 feet of
an 1-1 zone. Mr. Shuma and the Planning Commission have
openly said they feel this ordinance is considered overly
restrictive. Mr. Shuma further stated that it would be
more appropriate to base a development on the quality of
design, rather than the rigid ordinance as in our case.
A variance was applied for and granted directly across
the street on the northwest corner of Marshall and Del Rosa
Avenue. The property features, dimensions, and
circumstances are identical to our situation.
We only ask that we recieve the same property right of
use as the property across the street.
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Respectfully Submitted,
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John F. Littleton ' ~-
Rick Lazar
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CITY OP;'SAN'"BERNARDINO
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300 NORTH "0" STREET. SAN BERNAROINO, CALIFORNIA 9241B
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W.R. "BOB" HOLCOMB
Mayor
Members of the Common Coynell
Robert A. Cut.nede w .. .. .. .. .. .. .. .. F"rat Ward
Jack Reilly................... .. .. v.secondWard
Ralph ....rMnd.z .. .. .. .. .. .. .. .. .. .. .. Third Ward
5te_M.rks.... .............. ........ Fourth Ward
GoraonQulel.................. _.. FtfthWard
Dan Frular .............. ~......... ..SlxthWard
Jack Strlckle, .. .. .. . '0 . .. .. .. .. . .s.venth Ward
May 30, 1985
Mr. Rick Lazar
248 East Highland Avenue, 17
San Bernardino, CA 92404
Dear Mr. Lazar:
At the meeting of the Planning Commission on May 21, 1985, the
following action was taken:
The application for Variance No. 35-5, to construct a four-plex
apartment building in the R-3-2000 Multiple Family Residential
zone on .25 acre located at the Iwuthwest corner of Mal:shall
Boulevard and Del Rosa Avenue, was denied based upon find:i,ngs of
fact contained in the staff's report elated May 2l, 1985.,
According to the San Bernardino Municipal Code, Section
19.74.080., the following applies to the above variance;
"The decision of the Commission shall be final unless an appeal
therefrom is taken to the Common Council as provided for in this
section. Such decision shall not become effective for ten days
from the date that the written decision has been made and notice
thereof mailed to the applicant, during ~Ihich time w!:itten appeal
therefrom may be taken to the Council by the, applicant or any
other person aggrieved by such decision. The Council may, Ilpon
its own motion"cause any Commission decision to be appealed."
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spectfully, " 'cc:
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NK A. SCHUMA
Planning Director
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Building and Safety Dept.
Engineering Division
John and Darlene Littleton
1177 E. 28th stree~
San Bernardino, CA 92404.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT '"""
SUMMARY
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AGENDA ITEM
HEARING DATE
WARD
11
5-21-85
7
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APPLICANT
Rick Lazar
248 E. Highland Avenue #7
San Bernardino, CA 92404
John & Darlene Littleton
1177 East 28th Street
an Ber
Variance No. 85-5
OWNER
Subject property is a rectangularly-shaped parcel of land consisting
of approximately .25 acres located at the southwest corner of Marshall
Blvd. and Del Rosa Avenue. The applicant requests a variance of
Code Section 19.12.040 from the maximum building height of 20 feet
within 75 feet of an R-l, Single-amily Residential Zone in order to
construct a four-plex apartment building in the R-3-2000, Multiple-
Family Residential Zone.
EXISTING GENERAL PLAN
PROPERTY LAND USE ZONING DESIGNATION
Subject Vacant R-3-2000 Med. Dens. Res, (8-14)
North Multi-Family Residential PRD-14U Med. Dens. Res. (8-14)
South Vacant, Single-Family Res. R-1-7200 Med, Dens. Res, (8-14)
East Single-Family Residential R-3-2000, R-l-7200 Med, Dens. Res. (8-14)
West Single-Family Residential County (R-l) Med, Dens. Res. (8-14)
GEOLOGIC / SEISMIC DYES FLOOD HAZARO BVE S OZONE A ( ~VES )
HAZARD ZONE BNO ZONE ONO JUjZONE B SEWERS ONO
HIGH FIRE DVES AIRPORT NOISE / DVES REOEVELOPMENT DVES
HAZARD ZONE filNO CRASH ZONE BNO PROJECT ARE^ 1ikN0
..J o NOT o POTENTIAL SIGNIFICANT Z C APPROVAL
~ APPLICABLE EFFECTS 0
WITH MITIGATING ti U CONQITIONS
Zen MEASURES NO E,I,R,
We!) o EXEMPT D EIR REQUIREO BUT NO ILO !;g
2Z ILffi DENIAL
Z- SIGNIFICANT EFFECTS
00 WITH MITIGATING ~2 D CONTINUANCE TO
a:Z MEASURES en2
:;;ii: 0
Z 6NO D SIGNIFICANT EFFECTS 0
III SIGNIFICANT SEE ATTACHEO E. R. C, W
EFFECTS MINUTES a:
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REVilED JULY I.'t
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Variance 85-5
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
11
5-21-85
2
1. The applicant is requestin9 to construct two, two-story 4-plexes and
allow one to encroach within the required 75-foot setback when adjacent
to an R-l Zone. The property is located in the R-3-2000 Zone at the
soutnwest corner of Marshall Blvd. and Del Rosa Avenue.
2. The property consists of two separate lots of 11,030 and 10,336 square
feet in size. Each lot would contain one four-plex resulting in a den-
sityof 15 to 17 units per acre. The 16 required parkin9 spaces for
the units are served by one 24-foot wide access drive off Marshall
Blvd. The units consist of two types of 900 and 1087 square feet in
si ze. I n the rear of each buildi ng, there is a two-story unit.
Therefore, the applicant is requesting a waiver of the ~75-foot required
minimum setback from a single-family residential zone for the two-story
portion of the building on the southerly lot. All other setback and
. other requirements applicable to the R-3 Zone are met on the proposed
si te plan.
3. Previous approvals on the site include General Plan Amendment No. 82-3
approved by the Mayor and Common Council on January 17, 1983. The
study area included property up to Eureka Avenue but only amended the
land use designation on a property. located east of Del Rosa~Avenue,
north of Marshall Blvd., and south of r.ureka Avenue. It was determined
that the land use designation of Medium Density Residential should
remain in the vicinity of the subject parcel even though the area was
primarily built out as single-family residential due to the few numbers
of vacant parcels left in the area. The discrepency between the
existing density and General Plan designations of Medium Density
Residential did not warrant a change to a lower density at the time the
Amendment was approved.
4. Lot Line Adjustment 83-8 was approved on July 19, 1983 by the
Commission to adjust the lot line northerly 16 feet between the two
subject parcels. Subsequently, Change of Zone No. 84-22 was approved
by the Commission on October 16, 1984. The zone change was initiated
by the Planning Department at the direction of the Mayor and Common
Council. It included both parcels as well as a third parcel westerly
which were zoned C-3A. This commercial classification was amended to
R-3-2000.
5. There are multiple-family residential uses to the north across Marshall
Blvd. zoned PRD-14. The parcel easterly containing a single-family
unit is zoned R-3-2000. To the east across Del Rosa Avenue is County
property zoned R-l and developed as single-family uses. To the south
ius a vacant parcel zoned R-1-7200. The remaining lots below it are
also zoned R-1-7200 and developed as single-family residential.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Variance 85-5
OBSERVATIONS ~~~~~:GI6~~E ~:21-85
PAGE 3
6. The two-story building in question is located an average of 10 feet
from the property line. Stairs are located on the southerly side of
the building within 6 feet of the property line abutting the R-1-7200
Zone. The following are the required findings as well as applicant and
staff response to the items:
~. There are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended uses of the
property, which do not apply generally to other property in the same
zoning district and neighborhood.
Applicant's Response
The proposed development is located on a very busy street corner. The
property would not be considered a good site for a R-l development. By
allowing a two story structure, the property wi 11 act as buffer between
single-family residences south of the property and to larger apartment
developments proposed and existing north of this property.
Staff's Reponse
The issue in question is not whether the property is appropriate for
multiple-family use, but how the requirement of Section 19.12.40
applies to the property in question. The .49 acre parcel is sufficient
in size and is rectangularly-shaped and does not have unusual
topography. Therefore, the special circumstances regarding these items
do not apply to the property in question. The total frontage on Del
Rosa Avenue of 154 feet would not prohibit development of the property
to this applicable standard of the R-3 Zone given an alternate site
design and/or reduction in density. The permitted density of 4 units
per acre represents a maximum density given applicable Code provisions.
The elimination of the one unit in question would not pose a hardship
upon the applicant. The location of the parcel adjacent to the
R-1-7200 Zone suffers under no more unusual circumstances than any
other R-3 zoned property with a similar location relative to an R-l
Zone.
B. That such variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
Applicant's Response
A variance was approved for a 2-story 4-plex apartment development
directly across the street, on the northwest corner of Marshall Blvd.
and Del Rosa Avenue. By allowing this variance, a similar type 4-plex
apartment will be developed, which will be compatible and complimentary
with existing developments.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Variance 85-5
.OBSERVATIONS
11
5-21-85
4
AGENDA ITEM
HEARING DATE
PAGE
Staff's Response
Substantial property right refers to the right to use the property in a
manner which is on a par with uses allowed to other property owners
which are in the vicinity and have a like zoning. The purpose of the
variance is to restore parity where the strict application of the
zoning law deprives such property owners of privileges enjoyed by other
properties in the vicinity and under identical zoning classification.
The variance mentioned by the applicant was approved four years ago.
I n the interim, the zone change on the subject site was approved based
on development in conformance to applicable zoning Code standards. The
privileges enjoyed by other properties do not refer to the privilege of
a variance as this must reviewed on a case specific basis.
C. That the granting of the variance will not be materially detrimental to
the public welfare or injurious to property and improvements in the
zoning district and neighborhood in which the property is located.
Applicant's Response
The neighborhood directly adjacent to the subject property is in a
transitional state from single-family to multi-family developments.
Due to the high traffic count on Del Rosa Avenue, it has become less
desirable for a single-family residence and more compatible for multi-
family developments of a medium density. In addition, we have a state-
ment from the property owners to the south that they are completely in'
favor of the development and intend to develop their property for
multiple-family use.
Staff's Response
In determining the application for a variance, the best interest of the
enti re community is the contro11 i ng factor rather than the suitabi Ii ty
or adaptability of the property in question for a particular use. The
ordinance requirement in question in response to the disruptions and
impositions to privacy within homes and yards of homes within the
R-I-7200 Zone. The requirement is imposed to allow residents of single-
family homes a reasonable degree a protective from any adverse effects
due to close proximity of apartment uses. The neighborhood located
southerly of the property is a stable single-family area with homes in
good conditi on. It is not anti ci pated th at thi s area wi 11 transiti on
to multiple-family use in the near future as the majority of the area
is built out. The lot immediately adjacent to the parcel is vacant and
extends westerly across the stubbed cul-de-sac of Mary Ann Lane. No
application has been submitted to date requesting a zone change to R-3.
Staff has not reviewed the feasibility of a multiple-family use on the
southerly lot in detail, however, it is a very narrow lot which
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,CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Variance 85-5
OBSERVATIONS
11
5- 21-85
5
AGENDA ITEM
HEARING DATE
PAGE
directly abuts an existing single-family tract therefore potentially
posing difficulties to development as apartments. The development of
the adjacent lot with a waiver of the required setback could ultimately
be detrimental to the welfare to any future resident of this parcel and
could potentially reduce the property value of this parcel under an R-l
zoning classification.
D. That the granting of such a variance will not be contrary to the objec-
tives of the Master Plan.
Applicant's Response
In 1984, the Planning Commission and Common Council, with the
assistance of a Citizen Advisory Committee adopted a new General Plan
for this area. The development of two 4-plexes would not be incon-
si stent wi th the General Plan.
Staff's Response
Although the General Plan designation for the area is Medium Density
Residential (8-14 units per acre), the observations associated with the
General Plan Amendment request noted that it was the intention to pre-
serve the single-family integrity of the area and that scattered apart-
ment development on the parcels remaining vacant should not pose an
intrusion on this use. The San Bernardino City General Plan includes
the following principle for development within the medium density resi-
dent i a 1 areas:
"Preserve nei ghborhood quality associ ated with si ngle-family
development. This density range will include single-family
homes and multi-family homes in the same block. Maintaining
setback, limiting access for automobiles and restricting
height of buildings will ensure the visual quality of the
area and permit both types of housing to exist side without
wi thout i nj ury to ameni ti es or property values."
Given the prevailing circumstances, granting of the proposed variance
would be contrary to this principle of the General Plan.
7. The Environmental Review Committee determined that the project will not
adverse ly effect the en vi ronment. The subject parcel is located wi thi n
the Zone 'B' Flood Control area. Mitigation measures recommended by
the City Engineering Department would be applicable.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Variance 85-5
OBSERVATIONS
II
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AGENDA ITEM
HEARING DATE
PAGE
RECOMMENDA TI ON
Staff recommends denial of Variance No. 85-5 to construct two, two-story
four-plex apartments within 75 feet of a R-1-7200 Zone based on the obser-
vations and findings contained in the staff report.
Respectfully submitted,
FRANK A. SCHUMA
Planning Director
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J ~N E. CAMERON
Associate Planner
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT AGENDA
ITEM #
LOCATION CASE Var. #85-5
HEARING DATE 5/21/85 11
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May 7, 1985
John F. Littleton
1177 East 28th Street
San Bernardino, CA 92404
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Dear Mr. Littleton:
This letter is to confirm that we have reviewed your
plan to develop two four-plexes on the southwest corner of
Marshall and Del Rosa Avenue, in San Bernardino.
It is our feeling that these apartments are visually
appealing and will be a benefit to the n~ighborhood.
Being the owners of the property located directly south
of your development, we see no reason why a two story
structure would be a detriment to our property or the
neighborhood. We have no reason to oppose your variance
application to have a two story apartment within seventy-five
feet of our property which is presently zoned R-1.
It is our intention to develop our property into
apartments within the very near future.
Sincerely,
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