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HomeMy WebLinkAbout57-City Attorney . . e o 0 C I T Y 0 F SAN B ERN A R.D I NO INTEROFFICE MEMORANDUM 8610-306 f"~ TO: FROM: Mayor and Common Council Frank A. Schuma, Planning Director SUBJECT: Requirement of Review of Plans for Single-Family Developments Within Foothill Areas DATE: October 23, 1986 (6871) COPIES: The Mayor and Council, at their regularly scheduled meeting of October 20, 1986, instructed the City Attorney's office to modify the proposed ordinance regulating single-family development within the foothill areas by requiring a public hearing before the Development Review Committee. My concern relating to this proposed amendment is that the Development Review Committee currently does not have any procedures and guidelines established for the holding of public hearings requiring notification of the property owners within a 500 foot radius. It is my opinion that, if the Mayor and Council are desirous of the City holding public hearings where notification is provided to adjoining property ~ owners, the action be modified so that all Review of Plans for single-family units in the foothill areas be submitted directly to the Planning Commission for their review and approval. . mkf ~7 CI"e'OF SAN BERNARDI~ - REQUEOT FOR COUNCIL AC~N From: Ralph H. Prince Subject: Review of Plans for Single- Family Dwellings within the Foothill Area Dept: City Attorney Date: October 24, 1986 Synopsis of Previous Council action: 9/22/86 Ordinance and resolution were introduced. 10/6/86 Items continued to October 20, 1986. 10/20/86 City Attorney was directed to amend ordinance to provide that notice be given to adjoining property owners within 500 feet; that review of plans is triggered upon submittal of plans for 2-story structures; and that the description of the foothill area include from Boulder Avenue to the western City Limits. Recommended motion: 1. Adopt resolution. 2. Waive further first reading of ordinance and layover for final adoption. /?~~&~ Contact person: John F. Wilson Phone: 5162 Supporting data attached: Yes Ward: 4th, 5th & 7th FUNDING REQUIREMENTS: Amount: None Sou rce: N/A Finance: Council Notes: 75-0262 Agenda Item No, CITe OF SAN BERNARDI~ - REQU~ FOR COUNCIL AC'tPN STAFF REPORT Upon review of the proposed ordinance and resolution relating to review of plans for single-family dwellings within the foothill area, the Mayor and Common Council determined that provisions should be added or modified relating to (1) the description of the foothill area, (2) notice to adjoining property owners within 500 feet, (3) review of plans requirement for any 2-story structures, and (4) the site of replacements of destroyed dwellings, and incorporated in an ordinance or resolution, as appropriate. The attached ordinance and resolution accomplish the above directive. 75-0264 .. , o o o o 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO REQUIRING A REVIEW OF PLANS FOR SINGLE-FAMILY DWELLINGS WITHIN THE FOOTHILL AREA. 3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 4 ORDAI N AS FOLLOWS: 5 SECTION 1. Review of Plans - Single-Family. 6 A. The Planning Department shall establish and utilize 7 procedures pursuant to San Bernardino Municipal Code Section 19.77 8 for the review and approval of plans to expedite processing of 9 applications for development and improvement of single-family 10 dwellings or any two-story structure'; on vacant existing' lQY,,:;of ..;It, , 11 record in the foothill area; the foothill area is described'.. 12 that area bounded on the west by the City Limits, on the south by 13 Fortieth Street extended east to the extension of Sterling north 14 to Fortieth, and Highland extended east to the City Limits, and on 15 the east and north by the City Limits 16 B. The purposes of the review of plans are to ensure: 17 1. The compatibility of such development and 18 improvements with existing surrounding single-family residences; 19 2. The preservation of mountain and valley views for 20 existing and future residences; and 21 3. The protection of the values of such residences. 22 C. In no event shall this ordinance be deemed to authorize 23 the denial of the right to a building permit for any legal lot of 24 record. 25 n. Every owner within five hundred feet of property subject 26 to the review of plans procedures shall receive notice of any such 27 review of plans application. 28 SECTION 2. Applications - View Criteria. .. . e o o o 1 A. All pending applications and applications filed hereafter 2 for foothill area development permits shall be subject to design 3 criteria for the preservation of mountain and valley views in the 4 foothill area. Such design standards shall be promulgated by the 5 Mayor and Common Council. 6 B. pending development applications for the foothill area 7 shall not receive final approval until it has been determined that 8 such plans meet said design standards for the preservation of 9 mountain and valley views. 10 I HEREBY CERTIFY that the foregoing ordinance was duly ,. 11 adopted by the Mayor and Common Council of the City of San 12 Bernardino at a meeting thereof, held 13 on the day of , 1986, by the following 14 vote, to wit: 15 16 AYES: Council Members 17 NAYS: 18 ABSENT: 19 20 21 22 23 24 25 City Clerk The foregoing ordinance is hereby approved this day of , 1986. Mayor of the City of San Bernardino 26 Approved as to form: 27 A~~~~&' 28 City 'Attorney -2-