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Home My WebLink About31-City Attorney CIT' OF SAN BERNARDIt-..J - REQUE~ I FOR COUNCIL AC1...JN #'~- From: RALPH H. PRINCE Subject: Change of Zone, Petition No. 87-1 Dept: City Attorney Date: April 23, 1987 Synopsis of Previous Council action: The City Attorney was directed to prepare the amendment to initiate the change in the Land Use Zoning Ordinance for Petition No. 87-1, at the Council meeting of March 23, 1987. Recommended motion: Waive further first reading of ordinance and layover for final adoption. ,~~ Signature Agenda Item No._ 3/ 1 ~m~':;"~=',~':ll'~'"'_'~~C:"";'__:,-S~~,K ' @ COUNCIL ACTION CORRESPONDENCE To James Penman City Attorney Subject Ordinance Rezoning Parcel of Land Petition No. 87-1 North Side of 44th Street, East of Sierra Way Da~ July 20. 1987 Meeting Date July 20, 1987 Agenda Item No. 38 Action The proposed ordinance of the City rezoning a certain parcel of land. amending the land use zoning map, which is incorporated by reference in Section 19.06.020 of the San Bernardino Municipal Code (Petition No. 87-1, located on the north side of 44th Street, east of Sierra Way), and adopting the Negative Declaration for Environmental Review. ~as conti~_!:9 _ligYE!IqPe.t..12Sa_due to the moratorium. SC:dc cc: City Administrator P1~nning ~ i" r!. It r /~Ae/ ....st='!AUNA CLARK City Clerk '==~'-":"":~~"'=,""'''~"","--'''''~~~='",,, .--"~--~ ------ i i I ~-""-~~,.-~:;,>;~i"_-'_'~~',r POLICY - PUBLIC ~~tiT AT COMMITTEE MEET~GS , The Mayor ~ Common Coun il discusse& the p bility of allo~ng public input t Development Review mittee meeti~s, and notificatio to neighboring pro owners reg;rding committee proc1edings.; (60 / I / CouJtci I Member Quiel made /a motion, /~econded by !Coun- cil Me er Flores and unanimously carr4ed, that th~ pos- sibil'ty of having public 1hput at ~evelopment ijeview Commi tee Meetings be refe~red to th~ Legislative ~eview Comm'ttee for their review land rep~t back at the next reg arly scheduled Council reeting~APril 6, 1987)~ COUNCIL MEMBER FRAZIER EXCUS~ Council Member Frazier l~the Council Meeting. CHANGE OF ZONE 87-1 - 44TH STREET, EAST OF SIERRA WAY - FROM R-2 TO R-3-3000 - PAUL AND SANDRA MARZULLO In a memorandum dated March 9, 1987, Acting Planning Director Anderson stated that Applicants Paul and Sandra Marzullo had requested approval to change the zone from R-2, Two Family Residential District, to R-3-1800, Mul- tiple Family Residential District, on one parcel of land consisting of approximately .25 acre located on the north side of 44th Street, approximately 153 feet east of Sierra Way. (61) 1 I At a hearing held March 5, 1987, the Planning Com- mission recommended that a less intense zoning designation of R-3-3000, which would allow 3.6 units to be constructed on the property, would be more compatible with the size and dimensions of the lot and the existing single family residences to the north and east. Dave Anderson, Acting Planning Director, answered questions concerning the environmental impact of the pro- posed change of zone. Paul Marzullo, property owner, stated that he had requested the change of zone to R-3-1800 sO that he could build four units on the property. Edith Maguire, 165 E. 45th Street, spoke against the change of zone. Everett Maguire, 165 E. 45th Street, spoke against the change of zone and construction of multiple family units in the area. Paul Marzullo, property owner, referred opinion he had received from a Certified Real Appraiser that a four-plex would have no effect value of the single family properties in the area. to the Estate on the Sandra Marzullo, property owner, stated that although the original application to the Planning Commission was to build six units on the p~operty, that their intention had been to only build four units. Discussion was held concerning construction plans for the building, and the character and age of the neighbor- hood. Dave Anderson, Acting Planning Director, answered questions regarding his recommendation that the change of zone be made to R-3-3000. 8 3/23/87 3/ / /J I ";'"j,>,-~,~____ =-"".~,"'- '-"'! "1W""~~~:.i,::';';;;';;';C~~t~ _ Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the responses to comments be approved; that the Negative Dec- laration for environmental impact be adopted; that the findings and recommendation of the Planning Commission to change the zoning to R-3-3000, be approved; and that the City Attorney be directed to prepare the necessary amend- ments to the Municipal Code. APPEAL - DENIAL OF REQUEST TO MODIFY CONDITION - PARCEL MAP NO. 6324 - 16~CHO DRIVE - APPLICANT DOUGLAS SLOAN - OWNERS HOM K AND SMITH In a memorandum dated March 11, 1987, Acting Planning Director Anderson pruvided a staff recommendation con- cerning the request of Douglas S~oan, on behalf of pro- perty owners HomyaW and Smith, to permit a private street rather than the l;"equired publi~ dedicated street and improvements for previously ap~roved Parcel Map 6324 (Revised), WhiCh...permitted the criation of three.! parcels in the R-1-7200, Single-Famil Residential zone on approximately 1.Q3 acres located t 1672 Echo Drive. (62) .I ! Mayor WilcQx opened the hear'ng. Douglas Sloan, appellant, verbally withdrew his appeal. / i / i Council jMember Reilly mad a motion, sJconded by Council Memb Estrada and unani ously carriedj that the hearing be losed and the deci ion of the Plinning Com- mission to d ny modification of onditions be arfirmed. APPEAL - DENIAL OF EXTENSI OF TIME - TEN ATIVE TRACT O. 12756 AND CONDIT ONAL USE PERMIT 84-37 - 114 U IT SINGLE-FAMILY DET CHED SUBDIVISI N - FRONT~GE ROAD, WEST OF LIT LE LEAGUE DRIV In a ,htemorandum dated Mar h 11, 1987, Act ng Planning Directorlnderson stated that t the Planning Commission meeting eld February 17, 198 , the request f r an exten- sion of ime for Tentative Trtt No. 12756 an Conditional Use Per~it 84-37, as reques ed by Cable La e Associates for the ~stablishment of a 11 unit single-fa ily detached SUbdiVi[iOn on substandard tiZe lots on app oximately 20 acres 0 the north side of Fr ntage Road, west of Little League. rive, was denied. (63) MJYOr Wilcox opened the/hearing. I i I D/iscussion was held oncerning thei basis of the denia~ of the extension of t'me and conditi nal use permit beingl their inconsistency I~ith Ordinance C-573, regard- ing t/wo means of standard~ access, and ~ e development stand rds adopted through t e Verdemont Area Plan. ! , I Council Member Quiel i made a moti~n, seconded by Coun il Member Estrada an~ unanimoUS1Y~farried, that the hear'ng be closed and the ~ecision of qne Planning Com~ mis ion to deny the extension of time and Conditional Use Per it 84-37, be affirmed. APPROVE MINUTES - MARCHI. 9, 1987 Council Member Quiel made a mot' n, seconded by Coun- Member Reilly and unanimously arried, that the min- s of the meeting of the MaYQr a Common Council- of the Ci y of San Bernardino, held Marc 9, 1987, be approved as s bmitted in typewritten form. (1) 9 3/23/87 { I I ----- \ \ \ \ 1 2 10 11 12 13 ORDINANCE NO. 3 ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN BERNARDINO MUNICIPAL CODE (PETITION NO. 87-1, GENERALLY LOCATED ON THE NORTH SIDE OF 44TH STREET, APPROXIMATELY 153 FEET EAST OF SIERRA WAY), AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW. 4 5 6 7 8 9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Pursuant to Chapter 19.06 of the San Bernardino Municipal Code, the following described parcel of real property, generally located on the north side of 44th Street, approximately 153 feet east of Sierra Way, is rezoned from R-2,Two-Family Residential District to R-3-1800, Multiple Family Residential District: 14 15 16 17 All that real property situated in the City of San Bernardino, County of San Bernardino, State of California, described as follows: Parcel No.3 of Parcel Map No. 3771, in the County of San Bernardino, State of California, as per map recorded in Book 34 of Parcel Maps, page 71, in the Office of the County Recorder of said County. 18 (PETITION NO. 87-1.) 19 20 SECTION 2. The zoning map, which is incorporated by 21 reference in Section 19.06.020 of the San Bernardino Municipal 22 Code, is amended to reflect the change of zone set forth in this 23 ordinance. 24 SECTION 3. The negative declaration for environmental 25 review, as adopted by the Environmental Review Committee, attached 26 hereto, marked Exhibit "A", and incorporated herein by reference, 27 is hereby approved and adopted. 28 I HEREBY CERTIFY that the foregoing ordinance was duly 1 adopted by the Mayor and Common Council of the City of San 2 3 meeting thereof, held Bernardino at a on the day of __ , 1987, by the following 4 vote, to wit: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Council Members AYES: NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day of , 1987. Mayor of the City of San Bernardino Approved as to form: /;;-; ~ .4'~?~- ./ //(./.d-A /..~/ ..~ .. -. Arr :. v ../~rl City Attorney - 25 26 27 28 A 11..,/0"7 -')- CITY OF SAN BERNARDINO PLANNING DEPARTMENT - ENVIRONMENTAL REVIEW COMMITTEE NOTICE OF DETERMINATION :IE o a:: I&. CITY OF SAN BERNARDINO ENVIRONMENTAL REVIEW COMMITTEE 300 NORTH D STREET, 3rd FLOOR SAN BERNARDINO, CA. 92418 SECRETARY FOR RESOURCES 01416 NINTH STREET, ROOM 1311 SACRAMENTO, CA. 95814 o ~ CLERK OF THE 80ARD OF SUPERVISORS ~ 175 WEST 5th STREET SAN BERNARDINO, CA. 92415 ) C PROJECT NAME: Change of Zone No. 87-1 PROJECT DESCRIPTION AND LOCATION: To change the zone on a parcel consist- ing of approximately .25 acre from R-2, Two Family Residential to R-3-1800, Multiple Family Residential. The siteis located on the north side 'of 44th Street, east of Sierra Way. ....... ....l .1 .~: ;":....._. .;;:---;) . I -.I ~.~ ,.....- ::'='.. - .. THIS IS TO ADVISE THAT THE CITY OF SAN BERNARDINO HAS MADE THE FOLLOWING DETERMINATION REGARDING THE PROJECT DESCRIBED ABOVE: I. THE PROJECT HAS BEEN [EAPPROVED, ODENIED. 2. THE PROJECT OWILL, ggWILL NOT, HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. 3. 0 AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED FOR THIS PROJECT PURSUANT TO THE PROVISIONS OF CEQA. rn A NEGATIVE DECLARATION WAS PREPARED FOR THIS PROJECT PURSUANT TO THE PROVISIONS OF CEQA. A COpy OF THE NEGATIVE DECLARATION IS AVAILABLE FOR PUBLIC REVIEW IN THE PLANNING DEPARTMENT, CITY HALL, 300 NORTH "0" STREET, SAN BERNARDINO, CA. 92814. 4. A STATEMENT OF OVERRIDING CONSIDERATIONS OWAS. i)WAS NOT, ADOPTED FOR THIS PROJECT. ENVIRONMENTAL REVIEW COMMITTEE, CITY OF SAN BERNARDINO ~C'J?fU (714) 383 -5057 SECRETARVVALERIE C. ROSS, Assistant P1ann{!~e Received for Filing TELEPHONE NAY 1981 ERC. FOR M E EXHIBIT ~ '( ~:." . ,.'. i,. J~ ;~. ._. -t @ ~r~ ] ~~ ll' .... (.0 ..~ ~~,.- ~..o ~ .. . ",. ~. ~I ~ E ft ~ ~~ ~ ;;.\ I.,. i~ ~Jo:~,'_..~, !, :~ -0" ;'.,.....-,:,;.',-.\.:-.. r; f ~ ~ .~.,,-. .-'. ~',.. ~... .:~jt. .:,'.. . 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