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HomeMy WebLinkAbout34-Planning - !1. 4- 4. - CI1O' OF SAN BERNARDIQD - REQUIOI" FOR COUNCIL ACOON From: Frank A. Schuma Planning Director Subject: Appeal of Planning Commissionos Denial of Review of Plans No. 86-43 Mayor and Council Meeting of February 2, 1987, 2:00 p.m. Dept: Planning Date: January 20, 1987 Synopsis of Previous Council action: 11/5/86 -- Planning Commission denied appeal. 12/22/86 -- Mayor and Council rejected decision of Planning Commission, granted approval of appeal and referred project back to the Planning Commission. 1/6/87 -- Planning Commission unanimously denied Review of Plans No. 86-43 based upon aesthetics, incompatibility with the surrounding area and the social implications of the project. Recommended motion: That the hearing on the appeal be closed and the decision of the Planning Commission be affirmed, modified or rejected. G-J- CLAA Signature F k ASh ran . c uma Contact person: Frank A. Schuma Phone: 383-5057 Supporting data attached: Staff Report Ward: 3 FUNDING REQUIREMENTS: Amount: -- Source: Finance: Council Notas: 15-0262 Agenda Item NO~ C , o 0FRANK DELoANDRAr: ~,0 ARCHITECT AR.A o (714) 689-510 4205 MARKET ST. . DE ANZA BLDG., SUITE 2 . RIVERSIDE. CA 92501 PLANNING January 15, 1987 Office of"C1ty Clerk C,lty of San Bernardino 300 North "D" Street San Beno,ardino, Ca. ENGINEERING Re: Appeal of Case No. 86-43 L"c~'T~':> """I Gc>Il,M ...0.... ..... ",L~ ~'...eE T ) "tA>I"T .....~T .... 'Tote! C~""\"II""E "" lli'..c...o ~~,'''' 2.-a"'~",,"Z.....a ,t>C.t>"~'fl\IC.{" Dear Ma: Ag "''''''I ~-S"T"Q'" ~W\..~., <,OMP...e...o I have received a letter dated Jan. 9, 1987 from the Planning Director, Frank SchUl!\a regarding the Planfling Commission action on Jan.6, 1987 which in essence re- versed the decisi6n of the Development Review Committee granted to me on August 25, 1986. ' ARCHITECTURE I grievously wish to state at this time thst this adverse decision places my client in a dilemma without benefit of sid nor direction as to what anyone can hope to do to assist in the endeavor to develop this ill-timed parcel of land that would be financially feasible. For four years now the owner has become perplexed by the maneU\-ering by various individuals, to halt the hopes and patient progress to install a beautiful building that would be a boon to the site.All this has been at a great expense and effort, for which so far has come to naught. Therefore, on behalf of my client, I wish to respectfully submit this letter of appesl to be conducted through the appropriate channels, so as to be heard in accordance with the relevant Municipal Codes. Respectfully Submitted, C:1 "7' G~#AI'fl11c!1PC Frank Del'Andrae. Architect ,'n -, , ~ c. FD'A/es :~? -,) cc: Irma Ernst. Owner Darwin Reinglass, Developer m m(t][~nwr:,: Wi JAN 16 1987 Lift' rLl1r'f'jl'I',; i', ":' "" tl'.!T ssm iJ,nrif.IiDirJll, I:" OCITY OF SA~ BEf?NARDINOO - MEMORANDUa To Planning Commission Subject Appeal of Review of Plans No. 86-43 From Pl anni ng Department Date January 6, 1987 Approved ITEM NO 0 9, WARD NO. 3 Date Owner: Mr. Darwin Rein9lass 1901 East Fourth Street Santa Ana, CA 92705 Applicant: Mr. Frank Del 'Andrae 3243 Arlington Avenue, #180 Riverside, CA 92506 Review of Plans No. 86-43 is a proposal to construct a 48 unit, three-story apartment complex on approximately 1.3 acres of land located on the southside of Mill Street, west of Rancho Avenue and in the R-3-1200 Multiple Family Residential zone. This item was ori9inally presented to the Development Review Committee for the review and approval at their meeting of May 16, 1986. At the request of the Planning Department staff, the development proposal, which was Ultimately approved by the Development Review Committee at their August 7, 1986 meeting, was altered several times to insure compatibility with the surrounding area. One of the issues concerning staff was the issue of three-story structures in an area where the predominance of development is single story with some two- story development in the immediate area. The letter advising the applicant that the application had been approved was dated August 25, 1986. The letter contained the approval along with the appropriate standard requirements and conditions applicable to the project. The letter further stated that the approval of Review of Plans No. 86-43 was final unless appealed within 10 days of the date of the approval letter. Councilman Hernandez, at a meeting of the Mayor and Council on August 18, 1986, indicated his desire to appeal Review of Plans No. 86-43. At the City Council meeting of September 8, 1986, Councilman Ralph Hernandez reaffirmed his appeal of the decision of the Development Review Committee. A letter indicating such was sent to the owner on September 25, 1986. The appeal was based on the pro- posed three stories, and the incompatibility of the structure and resulting density with the surrounding uses. Density at the site is proposed at 36 units per acre. Surrounding land uses include: a single family tract to the north, directly across Mill Street; two-story apartments to the west; commer- cial uses to the east; and single story apartment units to the south (these are within the City Limits of Colton). On November 5, 1986, Review of Plans No. 86-43 was before the Planning Commis- sion to determine if the appeal by Councilman Hernandez was filed in a timely and appropriate manner. At that hearing, it was determined that the appeal had not been filed in a timely or appropriate manner. ClrY 011 rH':::M~" o o o o Planning Commission Appeal of Review of Plans No. 86-43 January 6, 1987 -2- On November 13, 1986, the November 5 decision of the Planning Commission was appealed by Councilman Hernandez, in writing, to the City Clerk's office. That appeal was heard at the December 22, 1986 meeting of the Mayor and Common Council. At that meeting it was determined that the previous appeal was both timely and appropriate, that the item should be reviewed by the Planning Commission based on the merits of the proposed project, and that all property owners within 500 feet of the project should be notified by mail of the hearin9 date. The proposed project was orginially approved by the Development Review Committee based on the fact that it had met the minimum requirements of the applicable codes in effect at the time. Since the original approval, a number of revisions relative to appeal proceedures of the Development Review Committee decisions and development standards of the R-3 zone have become effective. The proposed project does not correspond with the new standards of the adopted R-3 ordinance regarding front and side setbacks, ground floor patios, required open space and amenities, and building separations. The new ordinance also prohibits 3-story structures on the periphery of a project. Although the proposed project does not meet the new standards, the Planning Commission is requested to review the project based on the applicable stan- dards in effect at the time of the original approval. Respectfully submitted, FRANK A. SCHUMA Planning Director ~~~~~ Associate Planner JL . o o o o CITY OF SAN BERNARDINO PLANNING DEPARTMENT AGENDA ITEM # LOCATION CASE REVIEW OF PLANS 36-43 HEARING DATE January 6'- 198 i 9 C,M !-..-. -I "-2 \ l.~ Jr ~1(Y 1"= ' .-, 101-1 Rol R-I C-3A C-3A R-I ---- y R-Z R-I C-3A R-2 R-I .,1 ... " R-30 2000 R-3 101-1 . -- CG:k R-I -- 101 . 21 ') \..~O" tOe I I R'I R-I R-I -- .-- .1_1T8 ......: .: : ---:!J..: I;.".>.. - I III I .... I 000, I IIV.. I 1 R-t .& J 4-- 41. o o (714) 689-50. A.R.A. 4205 MARKET ST. · DE ANZA BLDG.. SUITE 2 . RIVERSIDE, CA 92501 PLANNING February 11, 1987 City of San Bernardino Shauna Clark, City Clerk To: Mayor and Coaaon Council 300 North ''D'' Street San Bernardino, Ca. ~ ::0 m n m ..., <: s:l ITI -=:) - I - 2 ~ ::g -< N (') - .'Tl c:> O'=' ARCHITECTURE ENGINEERING Re: Appeal of Planning COJIIIIlission' s Denial of Review of Plans No. 86-43 Subject Property: Rectangular shaped parcel of land 1.3 acres 498 ft. on south side of Mill Street 200 ft. West of cenerline of Rancho Ave. In R-3 1200 zone. Hearing Date and Time: Feb 16. 1987 2:00 pm Dear Ms Clark: Please note a letter, included herewith, from Irma Ernst the owner of the subject property. Letter is addressed to the Mayor and Common Council. It is self explanatory and I must defer to her request for more time in order to be better able to join Mr. Reinglass and myself in presenting our case. I also wish to remind the Mayor and Common Council members to what occured at the hearing on Feb. 2, 1987, during which time Mr. Reinglass was vilified by Henery Steil. I would have wished that this had not happened and there is no assurance that it could not happed again. Therefore, with all due respect to the Mayor and 60unci1men, I ane my associates wish to be excused from appearing on Feb. 16, 1987. But, be that as it may, we h4pe that a decision will be rendered, to grant Irma Ernst a continuance of her case as she has requested. Respectfully yours, cYA"'A' tJ,.J'~.. Frank De1(~rae Architect-and Applicant ro'AI es (2) Enclosures c :Darwin Reinglass. Developer Irma Ernst. Owner ./~tD-~At1~ GiJ .J.... L w ~ o o o o 810 1I1i~ter Dr. P\1l1ertcn, CA 92633 February ll, 1987 RE: Case No. 86-43 Dear MlIdlIme Mayor ana Oluncilmen: ~ ::0 rn 0 rn ..., ::;:: ~ :-n 0 - I C> - :=i -< ::sz Q N , ;..:;. ,..,., ex:> ~ '!he HCllorable Mayor ana 0....110.. COUncil 300 North "0" st.........t. San Bemardi.ro, CA 92418 I, Inna Ernst, am the owner of :record of subject property. In regard to the Mayor ana Oluncil meeting to be held at Febroaxy 16, 1987 at 2:00 p.m., I respectfully request a tluD4---..e.u...,t because of my i.rv-;oI"""itati.cm to ~... CD that date due to ill health, caused by stress ana frustration regarding this property. I am uOOergoin:] trea170ent for hypertensi.OD ana mental fatigue ana have therefore been advised by my PtYsician to rest ana avoid any stressfJll situations for at least another IIDnth, so that I may be able to recover ana c:xmtinue with this DBtter. I would like to discuss at that time the following itens that are of interest to!ll:!. 1) I wish to know why Case No. 82-19 was initiated on Septanber 16, 1982 ana October 19, 1982 where the Plannin:J Department Director and his AsSOC'iate attenpted to change zoning, ana then was cL.~ causin:] !Il:! to be c:xmfused about this matter ana wish to have clarified. 2) <k1 the m:mUng of January 26, 1987 I received a teleplDle call fran cmncilman Hel:narx3ez regarding my }'L"l-""'-ty. He stated the property sOOuld be zcmed cx:mnercial to make it DDre valuable. I wish to know has a f......ibility study been cble to IUJstantiateHhis statenent. . At the presEnt time I have advised Mr. Frank Del Armae to ~.<-,,-' to obtain a clarification of the zoninq of the }'L"l-""'-l)', 80 that I may go on with my life and recovery. I sincerely lqle you will CXlIltinue the hearing for 30 days at which time I will be belL& able to pJ:eseut my case. I wish to state that I lID a sin:]le' llaDah, age 60, and liviDJ alene. My entire life saviDJs ana all I have got for my mti,-......L years is :invested in this }'L"l-""'-L)', 1ihich I _ fcnoed to aquite by forcJ.osme in 1972, and have ..L~bcd to sell ever since. Encouraged by ~rt; signs of iIIptoved IIIlIrket .........itiaw I .-.tAowl to list the property again in 1985. I received a total of 7 olfeL.. lot1ich 10lere all later withdrawn after makin:J cOntact with the City Ball. JlIl - ~ ~ - - .0 o o o February 11, 1987 Page 2 SbJuld II\Y health CXlI1tinue to suffer it may Lc.......,e neoeSa:o-ry for me to tlIke early reti.nment. I 11II totally inexperienced in real estate .w.liTJ;JS and truly feel I have been discriminated against and victimized. o ",.!llI.~ . .' .- - .~ ..- -"'.-......-- , . o o o copy c IDna Ernst 810 1Ihitewater Dr. ~, CA 92633 Fet:Iroazy 6, 1987 cD ::0 ...., ~ ", ia ~ o , '-, ::::; :Ji! -< N ,-) Want to let ~ know that en the IIDD1ilJ:J of J8IIJlI%y 26, 1987, _ C; nuch to my SUIprise, I :teceived a call frail Cooncl.lman RalP1 Ht:..~, ='" regaxdinJ my plqlert:y in San Bemardi.no. He wanted to know if escrow had closed or was the property still available. Frank Del Andrae 4205 Marlcet: street SUite 12 Riverside, CA 92501 Dear Frank: - - I let him know how nuch grief and hardship he has caused me by blocking every c:hanoe I ever had to sell the }I-L"l-'CLly. He replied that his ~isim was to retire in the near future and 1iIIIlted to do lIilat was best for everybody ooncemed. He then went CII to say that the now p.t:~. project woold never be awroved not even if the case 100Iellt to ClOOrt. His reason for calling me was to let me know that he was c:xntac:ted by an anonyDDlS party interested in b1ying the property for .........e:cial use. ~ asked for what p.u:pose he stated that he _ merely plI'J$;nq en the infODlllltion and knew nooe of the details. He also at~ to ocnvince me that under OoIlIle.t:Cial zoning the p.."I:'""I-ty would be IIIIXe valnahl... I an rather curims how he lea.med of my hol",J~ pwm-- since the P1crle is listed under a friend's nse. Let me knew if ~ hear of any ~. Sincexel.y, (~