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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services r
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Subject: General Plan Amendment No. 02-
06 - To change the land use designation of
approximately 3.02-acres from RL,
Residential Low to RS, Residential
Suburban. The location for the proposed
amendment is at the northeast corner of
Olive and Ohio Avenues.
From: James Funk, Director
Date: November 18, 2002
MCC Date: December 16,2002
Synopsis of Previous Council Action:
None
Recommended Motion:
That the public hearing be closed and General Plan Amendment No. 02-06 be denied based upon
the Findings of Fact in the Planning Commission staff report.
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Contact Person:
ATOn Lianl!
Phone:
384-5057
Supporting data attached: Staff Report
Ward:
5
FUNDING REQUIREMENTS: Amount: Nt A
Source: (Acc!. No.)
Finance:
Council Notes:
Agenda Item No. J. 7
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: General Plan Amendment No. 02-06
Mayor and Common Council Meeting of December 16, 2002
OWNER
APPLICANT:
Hector Calderon
13050 East Valley Boulevard, Ste. 207
La Puente, CA 91746
(626) 330-4995
Manuel Espino
11213 Downey Avenue
Downey, CA 90241
(562) 622-6927
REQUEST
The applicant requests a change in the land use designation of approximately 3. 02-acres from
RL, Residential Low to RS, Residential Suburban. The location for the proposed amendment is
at the northeast corner of Olive and Ohio Avenues (Attachment A).
A detailed analysis of the project is contained in the Planning Commission Staff Report.
Specifically, this amendment would allow the applicant to develop the existing vacant land with
single family residences under the RS, Residential Suburban standard guidelines at 4.5 units
per gross acre with a minimum lot size of 7,200 square feet (Attachment B).
BACKGROUND
The proposed amendment was first heard by the Planning Commission on August 6, 2002.
Before the hearing, the applicant submitted a letter requesting that the proposal be continued to
allow sufficient time for the applicant to attend the hearing (Attachment C). The Planning
Commission considered the continuance request and voted to continue the proposed amendment
to August 20,2002. Although the applicant requested a continuance, the Planning
Commission felt that since the public audience took their time and made a serious effort to
attend the meeting, their comments and concerns should be heard. The Planning Commission
opened and received the public testimony on this matter before continuing it to August 20th. At
the hearing, a number of local residents from the Verdemont area spoke in opposition of the
proposal.
The proposed amendment was on the Planning Commission agenda of August 20, 2002. And
again, the applicant submitted another letter requesting that the proposed amendment be
continued indefinitely (Attachment D). At this time, the Planning Commission made a motion
to deny the second continuance request. The Planning Commission took action and voted to
recommend denial of General Plan Amendment No. 02-06.
Commissioner's Coute, Enciso, Morris, Sauerbrun, Thrasher and Welch voted to recommend
denial of General Plan Amendment No. 02-06. Commissioner's Durr, Lockett and Vasquez
were absent.
On September 19, 2002, staff mailed and faxed a letter to inform the applicant that the
proposed amendment would be placed on the Mayor and Common Council (MCC) agenda for
Monday, October 21, 2002. The applicant gave no reply. On November 18, 2002, staff sent
another letter certified mail to inform the applicant that the proposed amendment would be
placed on the MCC agenda for Monday, December 16,2002 (Attachments E & F). Staff
believes that an adequate notification lead-time has been provided to ensure that the applicant
will have sufficient preparation time to attend the MCC Meeting on December 16, 2002.
FINANCIAL IMPACT
None. The applicant submitted an application and paid the $1,500.00 processing fee.
RECOMMENDATION
That the public hearing be closed and General Plan Amendment No. 02-06 be denied based on
the Findings of Fact in the Planning Commission Staff Report.
ATTACHMENTS
A. Location Map
B. Planning Commission Staff Report
C. Applicant 1" Request Letter dated August 6,2002
D. Applicant 2nd Request Letter dated August 6,2002
E. First Notification Letter to the Applicant.
F. 2nd Letter with Certification to the Applicant
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: GPA 02-06
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 8/6102
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SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
General Plan Amendment No. 02-06
4
August 6, 2002
5
OWNER
APPLICANT:
Hector Calderon
13050 East Valley Boulevard, Ste. 207
La Puente, CA 91746
(626) 330-4995
Manuel Espino
11213 Downey Avenue
Downey, CA 90241
(562) 622-6927
REQUEST/LOCATION:
The applicant requests approval of a General Plan Amendment to change the land use designation of
approximately 3.02-acres from RL, Residential Low to RS, Residential Suburban. The location for
the proposed amendment is at the northeast corner of Olive and Ohio Avenues.
.
CONSTRAINTS/OVERLAYS:
Biological Resources Management Overlay District; Archaeological Resources Areas of
Concern, Area of High Wind Hazard; Flood Zone X Area.
ENVIRONMENTAL FINDINGS:
o Not Applicable
. CEQA, Section 15270 - Disapproved
o No Significant Effects
o Potential Effects
STAFF RECOMMENDATION:
o Approval
o Conditions
. Denial
o Continuance to:
General Plan Amendment No. 02-06
Meeting Date: August 6, 2002
Page 2
REOUEST AND LOCATION
The applicant requests approval of a General Plan Amendment under the authority of Development
Code ~ 19.50 to change the land use designation for one 3.02-acre parcel from RL, Residential
Low, to RS, Residential Suburban. The project site is located at the northeast comer of Olive and
Ohio Avenues (Attachments A & B).
This amendment would allow the applicant to develop the existing vacant land with single-
family residences under the RS, Residential Suburban, standard guidelines. The RL land use
district allows development at 3.1 units per gross acre with 10,800 square feet lots and the RS
land use district allows the development at 4.5 units per gross acre with 7,200 square feet lots.
SETTING/SITE CHARACTERISTICS
The 3.02-acre site is an irregularly shaped parcel and is currently vacant. To the north and
west are single-family residences in the RL, Residential Low, land use district. To the east is
a vacant lot and to the south is a single-family development project currently under
construction in the RS, Residential Suburban, land use district.
BACKGROUND
The applicant filed this application on April 29, 2002. Since then, Planning staff has contacted
the applicant on a number of occasions to express concern that this proposed amendment would
be in conflict and inconsistent with the City's General Plan goals, objectives and policies. The
applicant asked to proceed with the application.
FINDINGS AND ANALYSIS
1. 1s the proposed amendment internally consistent with the General Plan?
No, the proposal is not internally consistent with the General Plan objective and policy
as follows:
General Plan Objective 1.10 states: "promote the development of low-density,
large lot, high quality single-family detached residential units."
General Plan Policy 1.10.10 states: "permit the development of single-family
detached residential units at a density of up to 3.1 units per gross acre and
height of 2.5 stories (35 feet) in areas designated as "Residential Low"."
This proposed amendment would not promote and implement the objective and policy
of the General Plan as described above as well as Development Code Section 19.02.030
that states: "This Development Code is the primary tool for implementing goals,
objectives and policies of the San Bernardino General Plan, pursuant to the mandated
General Plan Amendment No. 02-06
Meeting Date: August 6, 2002
Page 3
provisions of the State Planning and Zoning Law (Government Code Section 65000 et
seq.), State Subdivision Map Act (Government Code Section 66410 et seq.), California
Environmental Quality Act (Public Resources Code 21000 et seq.), and other applicable
State and local requirements, All development within the unincorporated area of the
City's Sphere of Influence should be consistent with the San Bernardino General Plan.
All Development with the incorporated area of the City shall be consistent with the
General Plan."
2, Is the proposed amendment detrimental to the public interest, health, safety,
convenience, or welfare of the City?
The proposal would pose a threat to the public interest and welfare of the City in that
this proposed amendment would not promote the development of low-density, large lot,
high quality single-family detached residential units, This proposed amendment would
reduce the amount of potential open space area by ,82-acres for San Bernardino
residents in this vicinity. See open space area analysis calculation Table" A" below:
OPEN SPACE AREA ANALYSIS TABLE "A"
Standard
Acres
Lot Size
Density Units Allowed (Max)
(proposed) RS
131,551 sq,ft.
7,200 sq.ft.
4.5 14 units
(existing) RL
131,551 sq.ft.
10,800 sq.ft.
3.1 9 units
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3.02 acres
-3,600 sq.ft.
1.4
5 units
----------------------------------------
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5 units x 7,200 = 36,000 sq.ft./ .82 acre
This proposed amendment would also allow the applicant to reduce the minimum lot
size by 3,600 square feet from 10,800 square feet to 7,200 square feet. Furthermore,
this proposed amendment would increase the density by 1.4 units per gross acre from
3.1 to 4.5. The RS standards would ultimately achieve a smaller lot with higher-
density development in a region surrounded to the north and west by RL standards.
More important, since the proposed amendment is in conflict with the General Plan, the
proposed amendment would disrupt the orderly development of land. This proposal
disregards long-term comprehensive planning principles. The proposed
amendment would alter and change the open space landscape scenery for the RL
residential neighborhood located to the west and north of the proposed amendment site.
General Plan Amendment No. 02-06
Meeting Date: August 6, 2002
Page 4
3. Does the proposed amendment maintain the appropriate balance of land uses
within the City?
No, the proposed amendment would not maintain the appropriate balance of land uses
adopted in the City's General Plan. Within the past twelve years, approximately 91
acres have been converted from an RL land use district to an RS land use district in this
vicinity. Approximately 7.5 acres of RL standards have been lost annually. In terms
of long-range comprehensive planning, 21 acres have been lost for potential open
space. This calculation examines conversion of an RL to an RS only and does not
consider other conversion such as an RL to a CG-l, Commercial General or other
district.
This proposed amendment is also for rezoning of only one parcel. This proposal is
generally considered "spot zoning". Spot zoning usually involves very limited land
area.
4. Is the subject parcel physically suitable (including, but not limited to, access,
provision of utilities, compatibility with adjoining land uses, and absence of
physical constraints) for the requested land use designation and anticipated land
use development?
The proposed amendment area is bounded by developed, dedicated streets and existing
infrastructure suitable for urban development. All future single-family detached
development proposals on the site must conform to all applicable provisions of the
Development Code for setbacks, lot coverage and height requirements.
CONCLUSION
The proposal does not meet all the necessary Findings of Fact for approval of General Plan
Amendment No. 02-06.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the Mayor and Common
Council deny General Plan Amendment No. 02-06, based upon the Findings of Fact contained
in this Staff Report.
- 1eral Plan Amendment No. 02-06
Meeting Date: August 20. 2002
Page 5
Respectfully Submitted,
VduW t,/(Hkfvvr
James Funk
Director of Development Services
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Aron Liang
Associate Planner
Attachment A
Attachment B
Location Map
Site Plan
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: GPA 02-06
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 8/6/02
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FROM: ClVAL LAND ENGli'EERING. "mq\~ c..
CIVIL LAND ENGINEERS
. Aug. 06 2002 B2:29PM Pi
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August 6, 200Z
City of San Bernardino
300 North "D" Street
San BemardiDo CA. 92418
RE: Planning CollllDll5lon Agenda for Tuesday, August 6, _2 General Amendment No. 02-06
Altn: DilitJn&u1sb mcmbeni of the Planning Commission
Dear Ladies and Gentlemen:
Our office received your letter dated August 1, 2002 to advice our office of the Planulng
Commission bearina sdaedule for today, but lIIIfortonatel,. this letter Iaas alTh'ed too late for us to
cont8cl our dieot and pther documents pertaining to thili cue to be presented to the planning
tommlssion tonipt. We are requestiq that thili cue be tontlnued to the nm Planning
CommlosiOD bearing so that 0111' office and dient aID be prepared to dilCllSS such Amendment.
We have also noticed that the Owner of such property is Dot correct, if YOIl cbe<:k yOllr records
you will 6nd the Aflldavit slped by tile Dew owner. Please clumge tile new owner to rellect the
signed afrJdavit.
Under your Background Sub-title of the Summary prepared for toniglat's metiDa we disagree with
the comment that your stan' contacted 0111' office on seve.... occalion to discuss sum c:ase, JOur
office r.allme once and left a message for me to contact your office but unfortunately I was otIt
town at that particular time, I received a second call and at tIais partic:ular time I spoke with
someone and we disCUII the r8$C! very briefly DO more tIaan a couple of minutes. We need more
time to review documents and background for tills entire area.
SiDcerely' ,
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Manuel M~ ESpino .E. President
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(?0'L- ~ Z 7--$9;
FROM ClVAL LRND ENGlNEERIN.RX A~tJ'ENT D .
C~VllLAND ENG!NEERS ..........
Rug. 20 2002 03: 0I3PM Pl
CIVlL ENGINIiERlNG . l..AND SURIIEYING . LAND PI _ING . ARCHI'l'ECIUfW. DEIIIIGN . 8JKUCI'UItAL DEIIION
August 6. 2001
City of San Bernardino
300 North "P" Street
San Bernardino CA. 92418
RE: Planning Commission Agenda for Tuesday, Aiq:ust 20, 2002 General Amendment No. 02-06
Attn: Distinguish memben of the Planning Commission
Dear Ladies and Gentlemen:
Our office received your letter dated August 20, 2002 to advice our office of the Planning
Commission hearing sclledule for today, the reason for this letter is to ask the planning
Commissiop to bold the above mention case until further notice, due to other issues still pendiiig
for such case. One again we would like to apologUe for such inconvenience.
SincerelY;~ - G;;?~
Manuel M. Espino P.E. ~dent
,
11213~-
eo.aw. CooII..,....l10241.
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ATIH:-+\~~klT E:
DEVELOPMENT SERVICES DEPARTMENT
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300 North aD" Street. San Bernardino' CA 92418-()()O I
Planning & Building 909.384.5057' Fax: 909.384.5080
Public WorkslEngineering 909.384.5111 . Fax: 909.384.5155
www.ci.san-bernardino.ca.us
September 19,2002
Mr. Manuel Espino
11213 Downey Avenue
Downey, CA 90241
Re: Proposed General Plan Amendment No. 02-06
Change Zoning From Residential Low (RL) to Residential Suburban (RS)
Dear Mr. Espino:
This letter is to follow-up with on our phone conversation on September 16, 2002,
relating to scheduling the referenced general plan amendment for the Mayor and
Common Council (MCC) meeting on Monday, October 21,2002.
We must have your confirmation in writing by no later than September 27,2002, to
acknowledge that placing the referenced item on the proposed MCC date above is
acceptable to you. Your reply letter will ensure that the referenced item is placed on the
MCC meeting, October 2002, and that you are provided sufficient time to prepare and
attend the hearing. That meeting will be held in the Council Chambers at City Hall at
7:00 p.m.
Should you have questions please call me at (909) 384-5057, Ex!. 3332.
Sincerely,
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Aron Liang
Associate Planner
Cc: Hector Calderon
File
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A-rr~8JT r
DEVELOPMENT SERVICES DEPARTMENT
300 North "0" Street. San Bernardino' CA 92418-0001
Planning & Building 909.384.5057' Fax: 909.384.5080
Pubiic WorkslEngineering 909.384.5111' Fax: 909.384.5155
www.ci.san-bernardino.ca.us
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November 18,2002
Mr. Manuel Espino
11213 Downey Avenue
Downey, CA 90241
RE: General Plan Amendment No. 02-06
Change Land Use Designation From RL, Residential Low to RS, Residential Suburban
Dear Mr. Espino:
Please be advised that the referenced project has been scheduled on the Mayor and Common
Council Agenda for Monday, December 16, 2002. The meeting will be held at 7:00 p.m. in
the Council Chambers, First Floor City Hall, 300 North "D" Street, San Bernardino.
Should you need to submit additional materials, please submit them to the Planning Division in
the City Hall, 3'd Floor, by no later than December 10, 2002, so that they may be included in
the Mayor & Common Council agenda packet for distribution.
If you have any questions, please contact me at (909) 384-5057.
Sincerely,
~
Aron Liang
Associate Planner
Cc" Hector Calderon
File
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.ci.san-bernardino.ca.us
'"
December 18, 2002
Mr. Manuel Espino
11213 Downey Avenue
Downey, CA 90241
Dear Mr. Espino:
At the Mayor and Common Council meeting held on December 16, 2002, the following action
was taken relative to General Plan Amendment No. 02-06 to change the land use designation from
RL, Residential Low, to RS, Residential Suburban, for 3.02 acres located at the northeast corner
of Olive and Ohio Avenues:
That the hearing be closed; and that General Plan Amendment No. 02-06 be
denied based upon the Findings of Fact in the Planning Commission's staff report.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
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Rachel G. Clark, CMC
City Clerk
RGC:lls
cc: Development Services
Hector Calderon, 13050 E. Valley Blvd., Suite 207, La Puente, CA 91746
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty