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HomeMy WebLinkAbout35-Planning . CI'" OF SAN BERNARDI~ - REQU'" FOR COUNCIL ACtON Synopsis of Previous Council action: Previous Planning Commission action: At the meeting of the Planning Commission on February 18, 1986, the following recommendation was made: The application for Change of Zone No. 85-23 was unanimously recommended for approval of C-3A Limited General Commercial zoning. The Negative Declaration for environmental review was also recommended for approval. Recommen1ed motion: To approve the responses to comments and to adopt the Negative Declaration for environmental review which has been reviewed and considered. To approve, modify or reject the findings and the recommendation of the Planning Commission and to direct the City Attorney to prepare the necessary amendments to the Zoning Ordinance. - Signature Frank A. Schuma Contact person: Frank A. Schurl)a Phone: 383-5057 Ward: 3 Supporting data attached: _Yes, _Staf~Report FUNDING REQUIREMENTS: Amount: Sou rce: Finance: Cou nc i I Notes: 75-0262 Agenda Item NO~ · . CITY OF . SAN BERNARDINO . PLANNING . DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 15 2/18/86 3 APPLICANT. Clay c-lockenberry 747 d, Belleview Avenue San Dimas, CA 91773 ictor , ein 423 Avenue GranadaA Unit San Clemente CA ~2672 l&.I ~ o Change of Zone No. 85-23 OWNER tii l&.I :;) o 11.I a: ...... c:r UJ a: c:r The applicant requests approval to change the land use zoning district from C-2, Community Commercial zone and R-l, Single- Family Residential zone to C-3, General Commercial zone, Subject property is a rectangularly-shaped parcel of land consisting of approximately 4,54 acres located at the southwest corner of Rialto Avenue and Pepper Avenue, PROPERTY Subj ect North South East EXISTING LAND USE Vacant Mobile Home Park Single-Family Res, Commercial/Mobile Home Park Vacant GENERAL PLAN DESIGNATION Gen, Carom, Res,8-l7u/ Gen. Comm, Res,8-l7u/ Med, Low Den. Res,4-7 ac ZONING C-2 R-1-7200 , R-1-7200 & R-2 R-1-7200 C-3A R-1-7200 General Commercial Residential 8-14 u/ac \-Iest GEOLOGIC / SEISMIC F LOOO HAZARD DYES OZONE A ( SEWERS rn YES ) HAZARD ZONE ZONE IjfIND OZONE B oNO HIGH FIRE DYES . AIRPORT NOISE / DYES REDEVELOPMENT DYES HAZARD ZONE fXJ NO CRASH ZONE KlNO PROJECT ARE^ !Xl NO ..J o NOT o POTENTIAL SIGNIFICANT Z fi1 APPROVAL ~ APPLICABLE EFFECTS 0 WITH MITIGATING - 0 ZII) MEASURES NO E.I.R ti CONDITIONS l.IJ(!) o EXEMPT o [I.R REQUIRED BUT NO 1A.0 0 2z IA.ffi DENIAL Z- SIGNIFICANT EFFECTS 00 WITH MITIGATING ;:2 0 CONTINUANCE TO a::Z MEASURES 11)2 S:lL 0 Z 50 NO o SIGNIFICANT EFFECTS 0 .l.IJ SIGNIFICANT SEE ATTACHED E.RC l.IJ EFFE eTS MINUTES a:: NOV, 1981 REVISED JULY 1..2 SKY . CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE C02 NO. 85-23 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 1 'i ?/lR/Rh ? r 1. The request is to change the land use zoning district from C-2, Con~unity Commercial and R-1-7200, Single Family Residential to C-3, General Commercial. The subject property consists of approximately 4.54 acres located at the southwest corner of Rialto Avenue and pepper Avenue. 2. The requested change of zone is consistent with the San Bernardino General Plan which designates the site and surrounding properties to the north and east for General Commercial and Residential 8-14 units per acre. Surrounding properties to the west are designated Residential 8-14 units per acre and Residential 4-7 units per acre to the south. 3.. Surrounding land uses include a mobile home park to the north across Rialto Avenue, Single-Family residences to the south across a San Bernardino county flood control channel, and the AT & SF Railroad right-of-way, commercial uses and a mobile home park to the east across Pepper Avenue and vacant property approved for a 40 lot single family subdivision to the east. 4. The 4.54 acre level site is sufficient in size, shape, width, and topography to accommodate commercial development with a frontage of approximately 785 feet on the west side of Pepper Avenue and a depth of 250 feet. 5. The split zoning designations of C-2 and R-1-7200 on the subject property are not defined by an existing lot line, which limits the development potential of the site due to conflicting land use and development standards. The proposed rezoning would provide uniformity to the entire lot. 6. Tentative Tract No. 13124 which established a 40 lot single family residential subdivision in the R-1-7200 zone was approved by the Planning Commission on October 8, 1985 on the abuting 9.3 acre parcel located to the west. The circulation and orientation of said tract has isolated the R-l portion of the subject property, thereby limiting the viability and potential of an R-l- 7200 subdivision. 7. The location and orientation of the site along two arterial streets is conducive to commercial development. CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE r.07 NO R~-?1 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 1 t; ? /1 A IRh , , 8. Much of the existing commercial across Pepper Avenue is occupied home park which reduces the commercial zoning for the area. zoning to the east by an existing mobile amount of available 9. The proposed C-3, General Commercial or C-3A, Limited General Commercial zoning designation would permit a wider range of commercial and office related uses in comparison to the existing C-2, Community Commercial zone. The C-3A zone provides a high degree of development standards for commercial development in comparison to the C-3 zone. RECQMID;lID~Tl..Q1:l. The Planning Department recommends adoption of the proposed Negative Declaration and approval of the C-3A, Limited General Commercial zone for the subject property based upon the preceding observations. Respectfully Submitted, FRANK A. SCHUMA, Planning Director ~~dL-' _ DAVE ANDERSON, Principal planner J < I . MOBI( 7&€ PARK. . I I ~ R/ALTO A V€'. A A -4">, 0\ ~ ~ ~ ~ (" ll\ . ;:; ~ ~ ~ 1tJ k- ~ ~ ~. !'II ~ ~ . iii " L\ ;:) \) .< ...... ~ ~ 'l.' ~~ ~ I"\) N ~ I ~ 1\ ~ i"-~. ~ ~ ...... "l\ I I:::. r';) ~ ~ " I ~ VJ ~ ~ ; ~ () ~ I I "- W ~ l> C) ~ ~ i"rt ('\ ~ ~ () ~ <: ~ -I ( f1) ~ ~ '" I) .l-1 ~V.'-lb :'i ~ ."1. - ~"'" ~. ~ ........ .-..) lI\tJ~ l;:) ,-<>' :t. ~ l.l)~~1::l ~ ,:::t.......(') ~\;.?\ ~ ~ SCALE: I"~ 2co , } :;;...;:l1i :h. l..,~'l\?:. I ~ I . ~~ in; 1'1\ ~~n, ::;<~ I ~ ...J m- "" 'I .5.8. Co. F. C. ~ ~/S T - EIlSEMt'Io./T -~- - , A i SF I T R.R. ~ ... , ~ -- "\ I;) SFR. R- / 7Z00 . 44 . . . . . CITY OF SAN BERNARDINO PLANNING DEPARTMENT AGENDA ITEM # LOCATION CASE C Z #85-23 HEARING DATE 02/18/86 15 I" 'UiUUUEJ~ I R -I IU !i -~ ~~~-I- - _R:.!.__ ~IU IT -- R-' 11-3 R-3 R-I R-I R-' . 1" = 800' C -3A C- 3A JC= . FOOTHilL BLVD. C-3A C-3A C.3A C.30 R.i11 R-, "- " )0 C-3A . ~ R-! \>.\..."I CoM PR.O I"l 0- 14 u/oc - ~ 1 ] ,.1 !: u PF .- R-3-3000 R-3 R.3 R.3 !4u .. - - ~I C-3A C'3A R-! R.' R-2 R-3-3OCXJ R-I jJ _... C-2 fNlf R-' .. . '. '" .: . .:., ". . '. . - I.. .. . ~ L R-I rtM ~ I . ...'1. ~~ PR.O ~ . - R-I 12u/oc A R.2 t R-I " ~ ~-.~ I . . C-3A . R~ ..., R-! fa ~SITR~- -- 1---"---= r R-I 1 R.j R-IC: 11.1 R-' I [r~ R-I R -I 1 EJ8R-' R-' R.' R - 0- R-I ,t-l R-t M R.' \>.\..."10 - miC ] -........ w i l ;!!ill R-I ~I R-t 0: . . . 0- R-j R-t . 0- R-' R-' . w . . I R-' . 0 - - ]1 R-j R-t R-I R-2 R - 2 R-I 0: II I II II w): ) ill . .' '.' . ( . . ( . , BERNARDINO PLANNING DEPARTMENT '" CITY OF SAN APPLICATION FOR .... CHANGE OF ZONE NO. &'::y '2- ~ ... OWNER: Victor D. ~lein ADDRESS: 423 ~V2. Cronod~ TJliit L:J s'!.': Ch~'.'Wlte, ;.:". 92.07? TEL: (7111) ~.i2_::162 APPLICANT: Ch.':: ;'')C .2.cbery ADDRESS. 717 ....~~, 1,,1''''';0', . + _~~. ___LJ\__" . .,,.~ ....-.. s~. JiJi-~, G~. 91773 TEL: (71L' ~""l~J t I ~,'-;"J_'j \..j i". ./.'/ .... / ( '('-.:. J( PROPOSED ZONE: ';-3 ) Cli~.;,.c-.1 :~0::... ';{",,,._;:;ec' .('en GENERAL PLAN DESIGNATION: EXISTING ZONE: LEGAL DESCRIPTION OF PROPERTY: (ATTACH ADDITIONAL SHEETS IF NECESSARY) ASSESSOR'S PARCEL NO. 14 "2-1 'i-en REASON FOR CHANGE OF ZONE REQUEST: To '.' ,. ~ (., ;,:'v\'~J')]'," _~1t or 0~:orri It CI.:~ ,~~(:r l~,:;.',-:() \~j ~,)1}~_, tt) .-'.~t-'i 1.(). ,ic"Jl: .,.'e".3i"Jle. 'lro ,}.".'_' I I :-:1'-~rV(~(-, e C()i ',!:,1:i. -;': ~'nd to ~Je SUBMITTALS: g'PRELIMINARY TITLE REPORT OR GRANT DEED o APPLICATION (3 COPIES) o 500 FT. PROPERTY OWNER'S MAP (EXHIBIT A) o MAP OF SUBJECT PROPERTY (10 COPIES. FOLDED TO 8 V2"xII1l) o PRELIMINARY ENVIRONMENTAL DESCRIPTION FORM o GUMMED LABELS (2 SETS) o LETTER OF CERTIFICATION (NOTARIZED) o LETTER OF AUTHORIZATION (NOTARIZED) o TRANSPARENCY OF MAP DATE: //-G/- 85' SIGNATURE OF LEGAL OWNER (S) DATE: DATE: DATE APPLICATION RECEIVED: DATE APPLICATION ACCEPTED: DDENIED E. R.C. MEETI NG P. C. MEETING M/C.C. MEETING ( DAPPROVED ) ,....._ MAR.1984 . . ~( . . 1( . PAGE 3 863599 DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE EAST 4.72 ACRES OF LOT 92, ACCORDING TO MAP OF TOWN OF RIALTO AND ADJOINING SUBDIVISIONS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 OF MAPS, PAGE 11, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. AREAS AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE CENTER LINE OF ALL ADJOINING STREETS AND ROADS. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF PEPPER AVENUE (A 60 FOOT STREET) WITH THE NORTHERLY LINE OF ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S 100 FOOT RIGHT OF WAY; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO ITS INTERSECTION WITH THE WEST LINE OF THE EAST 4.72 ACRES OF SAID LOT 92; THENCE NORTHERLY ALONG SAID WEST LINE 15 FEET; THENCE EASTERLY ALONG A LINE 15 FEET NORTH AND PARALLEL WITH THE NORTHERLY LINE OF ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S 100 FOOT RIGHT OF WAY TO A POINT 20 FEET FROM SAID WESTERLY LINE OF PEPPER AVENUE; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO A POINT IN SAID WESTERLY LINE OF PEPPER AVENUE, SAID POINT BEING 35 FEET NORTHERLY FROM SAID POINT OF BEGINNING; THENCE SOUTHERLY 35 FEET TO THE POINT OF BEGINNING. . . . ., . . . . PAGE 4 863599 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1985-86 TOTAL AMOUNT $1,010.52 FIRST INSTALLMENT $505.27 PAID SECOND INSTALLMENT $505.25 I EXEMPTION NONE TAX CODE 007002 TAX PARCEL NO. 0142-121-07 AFFECTING SAID LAND 2. THE LIEN PROVISIONS OF CALIFORNIA. OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE CHAPTER 498, STATUTES OF 1983 OF THE STATE OF 3. OUR RECORDS INDICATE A PRIOR TAX SALE, WHICH IF NOT PAID IN FULL, WILL BE REPORTED AT A LATER DATE. 4. AN EASEMENT AFFECTING ALL OF SAID LAND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF: SEMI-TROPIC LAND AND WATER COMPANY FOR DITCHES AND PIPE LINES RECORDED APRIL 8, 1892, IN BOOK 153 PAGE 181 OF DEEDS. 5. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PUR- POSES STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: CALIFORNIA ELECTRIC POWER COMPANY FOR POLE LINES RECORDED DECEMBER 28, 1955, IN BOOK 3820 PAGE 377 OF OFFICIAL RECORDS AFFECTS THE CENTER LINE OF SAID RIGHT OF WAY AND EASEMENT IS DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF 60 FEET WIDE ARROW ROUTE, AT A POINT 34 FEET WEST OF THE CENTER LINE OF PEPPER AVENUE AND RUNNING THENCE SOUTH, PARALLEL TO AND 34 FEET WEST OF THE CENTER LINE OF PEPPER AVENUE, A DISTANCE OF 15 FEET TO A POINT IN THE ABOVE DESCRIBED PORTION OF SAID EAST 4.72 ACRES OF LOT 92. 6. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE PROPERTY HEREIN DESCRIBED LYING WITHIN PEPPER AVENUE. . . ( . . ( . PAGE 5 863599 7. AN EASEMENT AFFECTING THE PORTION OF SAID POSES STATED HEREIN. AND INCIDENTAL PURPOSES. IN FAVOR OF: CALIFORNIA ELECTRIC POWER COMPANY FOR POLE LINES RECORDED MAY 8. 1959. AFFECTS THE CENTER DESCRIBED AS LAND AND FOR THE PUR- IN BOOK 4814 PAGE 1 OF OFFICIAL RECORDS LINE OF SAID RIGHT OF WAY EASEMENT FOLLOWS: IS BEGINNING AT A POINT ON THE SOUTH LINE OF 60-FOOT WIDE ARROW ROUTE. SAID POINT BEING 38 FEET WEST OF THE CENTER LINE OF SAID PEPPER AVENUE. 60 FEET WIDE, AND RUNNING THENCE SOUTH 02 DEGREES 36 MINUTES EAST, A DISTANCE OF 82 FEET; THENCE SOUTH, PARALLEL TO AND 34 FEET WEST OF THE CENTER LINE OF SAID PEPPER AVENUE A DISTANCE OF 652 FEET. MORE OR LESS, TO A POINT ON THE SOUTHERLY LINE OF THE ABOVE DESCRIBED PROPERTY 8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PUR- POSES STATED HEREIN. AND INCIDENTAL PURPOSES. IN FAVOR OF: SOUTHERN CALIFORNIA EDISON COMPANY FOR POLE LINES RECORDED JUNE 15, 1967, IN BOOK 6837 PAGE 476 OF OFFICIAL RECORDS AFFECTS THE WEST 16 FEET OF THE EAST 46 FEET OF LOT 92 9. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PUR- POSES STATED HEREIN. AND INCIDENTAL PURPOSES. IN FAVOR OF: CITY OF SAN BERNARDINO FOR STREET AND HIGHWAY PURPOSES RECORDED MAY 7, 1970. IN BOOK 7439 PAGE 21 OF OFFICIAL RECORDS AFFECTS THE NORTH 44 FEET OF SAID LAND ON RIALTO AVENUE. 10. THE TERMS, COVENANTS AND PROVISIONS OF THE UNRECORDED DECLARATION OF TRUST REFERRED TO IN THE VESTING HEREIN AND THE EFFECT OF ANY FAIL- URE TO COMPLY WITH SUCH TERMS. COVENANTS AND PROVISIONS. NOTE: THE DECLARATION OF TRUST MUST BE FORWARDED TO US FOR OUR EXAM- INATION BEFORE INSURANCE OF ANY CONVEYANCE, DIVISION. ENCUMBRANCE OR LEASE MAY BE MADE. 11. PURSUANT TO SECTIONS 480.3 AND 480.4 OF THE REVENUE AND TAXATION CODE, THE COUNTY RECORDER'S OFFICE WILL LEVY AN ADDITIONAL $20.00 RECORDING FEE UPON ALL DOCUMENTS, EVIDENCING A CHANGE OF OWNERSHIP, SUBMITTED FOR RECORDATION, ON OR AFTER JULY 1, 1985. TO AVOID BEING ASSESSED THE ADDITIONAL FEE, PLEASE COMPLETE AND ATTACH THE "PRELIMINARY CHANGE OF OWNERSHIP REPORT" TO THE APPROPRIATE DOCUMEl\T. ,