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Home My WebLink About42-Planning CITY JF SAN BERNARDINl. - RE~UEST FOR COUNCIL ACTION From: Larry E. Reed, Director Subject: Appeal of DRC Approval of Lot Line Adjustment No. 90-23 Dept: Planning and Building Services Mayor and Common Council Meeting August 20, 1990, 2:00 p.m. Date: July 27, 1990 Synopsis of Previous Council action: On July 19, 1990, the Development Review Committee approved Lot Line Adjustment No. 90-23 No previous Council action. .'.,1 ...,.., n CJ ., ,~ ',.-.,' f:.....J C.-) Recommended motion: That the hearing be closed; That the appeal be denied and Lot Line Adjustment No. 90-23 be approved subject to the findings and conditions of approval contained in the July 23, 1990 letter of approval, Attachment C. (Supports DRC action.) $~/&/ Larry Reed Signature Contact person: Larry E. Reed Phone: 384-5057 Supporting data attached: Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75~0262 Aaenda Item Nn_ ~ _ CITY JF SAN BERNARDINC. .. RE,,-4IEST FOR COUNCIL .4CTION STAFF REPORT Subject: Appeal of Development Review Committee (DRC) Approval of Lot Line Adjustment No. 90-23 Mayor and Council Meeting of August 20, 1990, 2:00 p.m. REOUEST The appellant, John Lightburn, is appealing the approval of Lot Line Adjustment No. 90-23 by the Development Review Committee on July 19, 1990. The appellant requests that the Mayor and Council reconsider the approval and "set aside the approval of Lot Line Adjustment No. 90-23 until such time a thorough environmental review is conducted in accordance with the California Environmental Quality Act (CEQA) ...". (See Appeal Letter, Attachment "A".) BACKGROUND Lot Line Adjustment No. 90-23 combines 13 lots into 2 lots consisting of a total of 3.3 acres located at the northwest corner of Court Street and Arrowhead Avenue. Parcel No. 1 will consist of Assessor Parcel Numbers 135-151-4, 5, 10-16, and 20. Parcel No. 2 will consist of Assessor Parcel Numbers 135-151-17, 18 and 19. (See Attachment "B", Lot Line Adjustment Plat.) Lot Line provisions created. pertinent consistent Adjustments are categorically exempt from of CEQA (Section 15305), if new parcels are The proposed configuration complies with criteria set forth in the Municipal Code and with the General Plan. the not all is BASIS OF APPEAL The main point of the appeal letter is that the Lot Line Adjustment is an "in~egral" part of a development plan related to the expans10n of the Sun Company, and that, as such, the "cumulative impacts" may have a significant effect on the environment and "compromise long-term environmental goals" by not taking into effect the implications of related projects. These related projects are inferred to be illegal or inappropriate. 75-0264 Appeal of Lot Line Adjustment No. 90-23 Mayor and Council Meeting of August 20, 1990 Page 2 ANALYSIS OF APPEAL Lot Line Adjustments are legal instruments affecting boundar- ies of existing parcels and have no environmental consequences, cumulatively of individually. For this reason they have been categorically exempted from the provisions of CEQA. They may be important in implementing a development project for financing or legal reasons, but they do not produce a physical change to the environment. Thus, the appeal has no valid basis. The issues raised by his being addressed by the review. questions about related projects are Department through the appropriate RECOMMENDATION It is recommended that the Mayor and Council deny the appeal and approve Lot Line Adjustment No. 90-23. Prepared by: John E. Montgomery, AICP Principal Planner Attachments: A - Letter of Appeal to Mayor Council B - Lot Line Adjustment Plot and Common /ke:7/27/90 M&CCAGENDA: LLA9023APPEAL - l'ACH!lF A Meyor enr Common Council City of Sem BerMrdino 300 North D Street Sen BerMrdino, Co. 92401 '9:1 REC::!lI:::>u"" "r", ('I EP", !'" ~c:: P? :01 \_,__ 0 - JUly 25., 1990 Subject: Appeel of Lot Line Adjustment 90-23., Sun Compony Reference: Review of PIons 87-26 & 88-47 Deor ~loyor ond Members of the Co unci I, I em ewere thot the Development Review Committee epproved Lot Line Adjustment 90-23 on July 19, 1990. By woy of this letter, I om oppeoling the DRC decision of opprovol ond request thot this motter be set for 0 heoring before the Moyor ond Common Counci I. The grounds for oppeal are as follows: 1. The lot line adjustment is integrol part of a multi-phase, mUlti-step development plon reloted to the exponsion of the Sun Compony/USA Todoy monufocturing plont which begon in 19B 1 ond continues today. 2. The environmentol review ond evoluotion of the totol project, specificolly Review of Plons 67-26 & BB-47 and the previous 19B 1 exponsion, wos inodequote ond should be evoluoted os requIred by law. (Ref: JL ltr. to S. Edwins, 7-9-90 and Rpt. to Plonning Commission 4-17-90) 3. Due to the "cumulotive Imports" of pest and future phases of the expansion proJect, Lot Line Adjustment 90-23 is not exempt from the Colifornio Envlronrnentol Ciuolity Act or Title 14 of tt-Ie Colifornia Administrotive Code. (CAC, Title 14, Sections 15130 ond 15355 (b), and Public Resources Code, Section 21 OB3 (b)) 4. These projects may have a significant effect on the environment ond hove the potential to degrode the quality of the environment and compromi se long-term environmento 1 goo 1 s Those signifi cont effects that should be considered include: 0) Conflict with adopted environmentol plans ond gools of the City; b) Substentiol, demonstrotive negotive oesthetic effect; c) Substonti 1i I degradat i on of water supp ly; d) Cont1iml n1it i on of pub 11 c w1iter supp I y; pege Two - Appeel of Lot Line Adjustment 90-23 e) Substent i e 1 degrodot i on of or dep 1 et i on of ground woter reSOllrCes., f) Substont i 0 I i nterf erence of ground woter r-ecMrge; 'll Adverse effect. on e propert.y ond structure of t11'3t.oricel enlj culturo! :oi qnifi conce; h) Adverse effect on t.roffic, clrculetion ond perking requirements.: ;) Substontiellncreose of embient nOlse levels.: k) Expose people ond structures to mojor geo/seismic hozords; 1) Disruption of the prlysicol flrrengement of the centrol city flrefl; m) Adverse off ect on the ombi ent oi r quol ity. 5 Lot Line Adjustment 90-23 did not toke into considerotion the development ond environmentol implicotions of Review of PIons 87-28 & 88-47 ond the circumstonces surrounding the previous illegellot line adjustments, end the invelid Lot Line Adjustments 83-01 end 82-12. (Ref: JL I tr. to L Reed, 5-9-90) Besed on the foregoing, I em requesting thet the Meyor end Common Council ~;et oside the opprovol of Lot Line Adjustment 90-23 until such time e thorough environmentol review is conducted in eccordonce with the Californio Environmentel QUfllity Act, TiUe 14 of the Celifornie Administotive Code ond other opplicoble provisions of the municipol code. .r! \" (1l \l - ~ \II t'I ~, ~ , \ ~' :l I:l>~ ~ \>>-\ ,\>>" \" tH. ~~::S- ~ ~:;:~ ~3 1.9~ \)\Il" ~,>>Z:\S'I>>C"I-> ... ~ <:>e -<:> - ...- ai...:> S) C 3 <::I :T... ~ 3'C"I ~ ~ ~ a,2 ~<;J.:3 \.SI~' ~ ~ ~ _1:\ ~ ,,~ "I.$> "" ,:\Il> "" \t> ~ ~. :> -..:> ~:3 Q ~-( @)- ~..s- ~~v- =+= ~~ ~@~~@ \t>s: ~~ i ~~@ ::l~ :3 ~@~~ ~~ !l6;j: :> ~ ... l\-", ~ ':J :;:)..... ::.1:"" ~~ cu~ ~~~_.Q.. ~' ~;;;\9I_5 ~ :> :3 ' <:> S> ~ -("\ ~ "' ~ ~ ~ ~ ~ ~ ~ ~ 0. ~ ' , I ~ I "I'TACHMP~lT B .....J ~ . --.J ~ . " , . , , & ~ STRUT , ~ 0 '. ~ . ,~ 'r. . - ". .., IJ (I " o c ~ .. '-f..o-"_. , , , I I , , , , I , , I , , , , It> fl~. ~ NJ.--\),~ i ~ I I I , I I , I-~i.f'-' I I I I I I I I I , v. .. '" "' "' " \ , -~J"...;~": - ILLA I ~C"'"'I I ~ I @ I @ I i!J ~@ i '" I I k I : : ~: :";~~~~_ L -,um_,,\,__ @ '" ~I l.\I + \> I ~, ~ "' 't ~",tll 5''. -4 ~I. ~'" =l'~~~~'.'.'.~ ' ''1 "'c " 'I-I ,~' ';-~~~~~~).~- - ,~_u"'~\f':' ~ - - .- - -- ~J" - -'- - -l~ ~ ' .. r - --;J.....-f," -:- I 1 ['<'\~\<:' "\;;,' .' - !!;3..9(?' ~ ~ "- f~ II: ...~~ <!J ~ ~ '!J " \l ~. '. ~~ ..~ "K-t!u'-- , "l;1> ~ I ."'- ~ ,- ~ =, "-,"'___\mnn_ ~ ~~ ~ , -:+ . lIJ , ~ , I ",",. 'I (!) ,~ \ " , "'"'~ _ >6'M, ;:'>-,:-;" '" " " '" "_'I . 'J'" I 1 !:!!.:>,,' /1#/' I .. '\ . " @ ~ *, . !:71!~: -. I!fj,&2S : ARROWM(A 0 AVE.NUE ~ - 90 - 2 S .u . '> '" ~ '" "' .., .. .'1' -- ... ~u.' E-(:"~ " - ~~~ -~~ - ~ l\- --a", 13 "'., \3~ - '" ='" ~. L- -.-,"'......,.~ ( ~'"" i~ <J:"'",.... ~ a ..... ~ -. :3 ~ ~ t:. ~ -+- 3 ~ :3 ..... ~ s: ia~ C'l~' :;.\ J ~~. ~ , . . J e f . . \ . . fl 'C"" ,-- ,8: I ~. .. , . -, - ~ "'\ 5 '-", , ~~~ 0":'1: ~u; , ~ .TTACH :IT C CITY OF '::/1 San Bernardino DEPARTMENT OF PLANNING AND BUilDING SEFlVICES LARR Y E DIRECTOR R E E D July 23, 1990 Charles Schultz Reid & Hellyer P.O. Box 1300 Riverside, CA 92509 RE: Lot Line Adjustment No. 90-23 Dear Mr. Shultz: At their meeting of July 19, 1990, the Development Review Committee took the following action; That the application for Lot Line Adjustment No. 90-23, to consolidate thirteen parcels into two was approved. Said approval is subject to compliance with the conditions listed below. In accordance with San Bernardino Municipal Code section 18.64 and Resolution No. MC-521, the following applies to Lot Line Adjustments. The Development Review Committee shall deny the application for a lot line adjustment unless it finds that: A. The proposed configuration complies pertinent criteria set forth in Titles 18 the San Bernardino Municipal Code. with all and 19 of B. The proposed configuration is consistent with the General Plan. Any person adversely affected by the decision of the Development Review Committee may appeal, in writing, to the Planning Commission in accordance with the provisions of the Municipal Code. 300 NORTH 0 STREET SAN BERNARDINO CALIFORNIA 92418-0001 (714)384.5071/5057 PRIDE -I ~ Charles Schultz July 23, 1990 Lot Line Adjustment No. 90-23 Page 2 If no appeal is made within 10 days of the date of the decision, the action of the Committee shall be final. CONDITIONS OF APPROVAL 1. A certificate of compliance shall be recorded prior to issuance of building permits. Respectfully, C M::tr~ ~AICP Principal Planner jke Enclosures cc: Mike Grubbs Engineering Division Don Jackson Building Division LLA90-23 ~ .( CITY OF SAN BERNARDINO PU8UC WORKS/ENQR. CASE STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE PAGE , Project Description: L .f.A. 3LJ-..z3. C.c-':1L5/.A/h /3 Lbrf /N'ro 2 Lors : N/w. C<!'RNEA' L7.F C&uLr S'r. .Av.o ,l;R,eoL.JJ/EA~. Date: ..JuLY. /.9. /.9.90 Prepared by: -Y..h'. K. Revlewed By: Page / of / pages Applicant: fi"'E/Ll AN.LJ h".EL.(Y~ ~ A Certificate of Compliance in a form acceptable to the City Engineer shall be recorded for the lot line adjustment. ~ Applicable Engineering Fees* a) Checking Fee - SlDO.OO b) .Recording Fee - Per County Recorder's Fee Schedule *All fees are subject to change without notice.