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1h~ tahiri Group
REAL ESTATE DEVELOPERS
March 11, 1986
Post Oifice Box 5441
San Bernardino. CA 92412
(714) 889.7164
Ms. Shauna Clark
City Cl erk
City of San Bernardino
City Hall
San Bernardino, CA 92410
Re: Proposed commercial center .... 168 South E Street
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Dear Ms. Clark:
We noted with interest that a 120 day moratorium has
been instituted in the area bounded by Rialto Avenue,
Mill Street, E Street and Interstate 215.
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At the subject address is an existing Wherehouse Records v"
and Radio Shack retail center. We are in the process of
finalizing plans to substantially increase the size of
the Where house Records retail store, totally remodel and
up-grade the center and add new retailing facilities on
the site. Where house Records has provided us with a new
extended-term lease to cover their additional space, and
we anticipate a new lease agreement will be in hand from
Radio Shack momentarily.
This proposed remodel and up-grading project will greatly
improve the appearance of E Street and will be another
very pOSitive 'plus' for the City of San Bernardino.
A delay of 120 days to submit our plans will create a
serious handicap to us and to the project. We feel that
the plan of development as proposed would be in conformity
with what good planning and design would dictate for this
part of the city.
We would therefore like to request that we be provided with
a variance and exemption from this moratorium by the Mayor
and Common Council and that our request be placed on the
agenda for action as quickly as possible.
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y ur ~,o~~.ration and
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Ve y coN ~ 1 yours,
TH JM!ITI,~O '\
\..'--'-'-- 0J'-~
Jack . VanderWoude
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assistance are sincerely appreciated.
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1 ORDINANCE NO. :l.C-SOl
2 OP~INANCE OF THE CITY OF SAN BERNARDI~O IMPOSING A 120-DAY
MORATORIUM ON THE ISSUANCE OF BUILDING PEill1ITS AND PLANNING
3 APPROVALS WITHIN THE AREA BOUNDED BY "E" STREET, RIALTO AVENUE,
1-215 FREEWAY AND MILL STREET, AND PROVIDING FOR EXEMPTIONS UPON
4 APPROVAL OF THE MAYOR AND COMMON COUNCIL, AND DECLARING THE
URGENCY THEREOF.
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THE MAYOR AND COMMON COUNCIL OF TEE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
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SECTION 1. Findings. The following findings are made:
(al The Mayor and Common Council have directed that a study
9 be made of the proposed development of the area bounded on the
10 east by "E" Street, on the north by Rialto Avenue, on the west by
11 the 1-215 Freeway, and on the south by Mill Street, and have
12 contracted with URS, Inc., to study the area, and make
13 recommendations as to its development in the best long-range
14 interest of the City of San Bernardino.
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(bl URS, Inc., has made a preliminary report to the Mayor
16 and Common Council recommending the realignment of "F" Street and
17 "Gn Street through the study area, and the Mayor and Common
18 Council have approved such realignment in principle.
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(cl The preliminary report of URS, Inc., to the City of San
20 Bernardino indicates that many of the uses now permitted within
21 that area are inconsistent with the long-term growth and
22 development of the City of San Bernardino, and particularly of
23 the study area, and constitute blighting influences. The Mayor
24 and Common Council find that to permit such conditions to
25 continue during the study period would detract from the
26 feasibility of tha study, and render some of the more important
27 development recommendations impossible or extremely difficult to
28 achieve.
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1 (d) The Mayor and Common Council of the City of San
2 Bernardino have directed that the study of the study area proceed
3 with all due diligence, and that the staff of the City commence
4 activities toward establishment of an assessment district to
5 provide the public improvements required.
6 (e) The Community Development Committee of the City of San
7 Bernardino has taken action to acquire property needed to
8 implement the full development of the study area in a manner
S designed to obtain for the City the maximum advantage of
10 development.
11 (f) Construction, development or occupancy may occur in the
12 study area which is inconsistent with the long-range development
13 of the property in the best interest of the City of San
14 Bernardino. Such construction, development or occupancy may
15 conflict with implementing measures to be adopted by the Mayor
16 and Common Council. .
17 (g) In order to preserve the status quo pending the
18 consideration of appropriate measures, and to protect the public
IS safety, health and welfare, it is considered necessary to adopt
20 an urgency measure to prevent the development of property for a
21 reasonable time in the study area as an interim measure, except
22 when such interim development is clearly consistent with the
23 plans being developed.
24 SECTION 2. Study Area Defined. The study area consists of
25 that area bounded on the east by "En Street, on the north by
26 Rialto Avenue, on the west by the 1-215 Freeway, and on the south
27 by Mill Street, in the City of San Bernardino, which area is also
28 included in the Central City South Redevelopment Project Area.
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SECTION 3. Buildin9 and Develop~ent MQLatorium. So long as
this ordinance is in effect, including any period of extension,
no application for a building permit, grading, subdivision map,
parcel map, certificate of occupancy or other authorization for
construction upon or development, subdivision or occupancy of any
property located within the study area shall be approved, and no
such permit or authorization shall be issued except upon the
specific approval of the Mayor and Co~~on Council of the City of
San Bernardino granted under the provisions of Section 4 hereof.
SECTION 4. Development Qpon Approval bv Mayor and Cornrnqn
11 Council. Upon request for a building permit, grading permit,
12 subdivision map, parcel map, certificate of occupancy or other
13 authorization for construction upon or development, subdivision
14 or occupancy of any property located within the study area, being
15 submitted to the Mayor and Common Council during the term of this
16 ordinance, and upon a finding by the Mayor and Common Council
17 that any such building permit, grading permit, subdivision map,
18 parcel map, certificate of occupancy or other authorization for
IS construction upon or development, subdivision or occupancy of any
20 property located within the study area would be entirely
21 consistent with the development plan being studied for eventual
22 adoption, and would be consistent with and not in derogation of
23 the optimal development of the study area on a long-term basis,
24 the Mayor and Cow~on Council may grant an exception to the
25 building and development moratorium established in Section 3 of
26 this ordinance, upon such ,!:erms and condit ions as the 11ayor and
27 Common Council may establish.
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SECTION 5. EKoiration of Ordinance. This ordinance shall
2 expire and be of no further effect on the l2lst day after the
3 date of its adoption unless it is continued in effect by
4 appropriate action of the Mayor and Co~~on Council.
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SECTION 6. Home Rule Powers. This ordinance is adopted
6 pursuant to the home rule charter powers of the City of San
7 Bernardino, granted by the Constitution of the State of
8 California. It is adopted pursuant to the limitations set forth
9 in Sections 31 and 121 of the Charter of the City of San
10 Bernardino.
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SECTION 7. Urgency. This ordinance is an urgency measure
12 for the immediate preservation of the public peace, health or
13 safety. Provided that it is adopted by a 5/7ths vote of the
14 Council, this ordinance shall go into effect immediately upon its
15 adoption and approval. The facts constituting the urgency are
16 set forth in Section 1.
17 I I HEREBY CERTIFY that the foregoing ordinance was duly
18 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
regular
3rd
day of
March
meeting thereof, held on the
, 1986, by the following vote, to
21 wit:
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AYES:
Council :1embers Estra'.'a, Rpill Y, Hernandez,
Quiel, -Frazier.
NAYS:
Council Members Marks, Strickler
ABSENT:
None
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City Clerk
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The foregoing ord~nance is hereby approved this 6th
, 1986. ~/ 2-- -
(/; A.~4.f~ '- {/..~_fl~if
Mayor of the City of San Be'rnardino
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of
March
Approved as to form:
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8 City Attorney
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