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HomeMy WebLinkAbout1993-062 1 RESOLUTION NO. 93-62 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN 3 AMENDMENT NO. 91-17 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Recitals 7 (al The General Plan for the City of San Bernardino was 8 adopted by the Mayor and Common Council by Resolution No. 89-159 on 9 June 2, 1989. 10 (bl General Plan Amendment No. 91-17 to the General Plan of 11 the City was Bernardino considered the Planning of by San 12 Commission on March 17, 1992, after a noticed public hearing, and 13 the Planning commission's recommendation of approval has been 14 considered by the Mayor and Common Council. 15 (cl An Initial Study was prepared on October 24, 1991 and 16 reviewed by the Environmental Review Committee and the Planning 17 commission who both determined that General Plan Amendment No. 91- 18 17 would not have a significant effect on the environment and 19 therefore, recommended that a Negative Declaration be adopted. 20 (dl The proposed Negative Declaration received a 21 day 21 public review period from November 21, 1991 through December 11, 22 1991 and all comments relative thereto have been reviewed by the 23 Planning commission and the Mayor and Common Council in compliance 24 with the California Environmental Quality Act (CEQAl and local 25 regulations. 26 (el The Mayor and Common Council held a noticed public 27 hearing and fully reviewed and considered proposed General Plan 28 1111 1 RES 93-62 Amendment No. 91-17 and the Planning Division staff Report on March 8, 1993. (f) The adoption of General Plan Amendment No. 91-17 is deemed in the interest of the orderly development of the City and is consistent with the goals, objectives and pOlicies of the existing General Plan. 1 2 3 4 5 6 7 SECTION 2. Neoative Declaration 8 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor 9 and Common Council that the proposed amendment to the General Plan 10 of the City of San Bernardino will have no significant effect on 11 the environment, and the Negative Declaration heretofore prepared 12 by the Environmental Review Committee as to the effect of this 13 proposed amendment is hereby ratified, affirmed and adopted. SECTION 3. Findinqs BE IT FURTHER RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 14 15 16 17 A. 18 19 20 21 B. 22 23 c. 24 25 26 27 D. 28 1111 The change of designation from RS, Residential Suburban to RMH, Residential Medium High for the proposed amendment will change the land use map only and is not in conflict with the goals, objectives and policies of the General Plan. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. All pUblic services are available to the study area. Any development permissible under the RMH, Residential Medium High designation proposed by this amendment would not impact on such services. The proposed amendment will minimally affect the balance of 2 RES 93-62 1 2 E. 3 4 5 6 7 8 9 10 A. 11 12 13 14 15 16 17 18 19 B. 20 21 22 land uses within the city. The amendment site is physically suitable for the RMH, Residential Medium High land use designation. Anticipated future land use has been analyzed in the Initial study and it has been determined that the existing development on the twenty-six lots of record may continue in accordance with Development Code section 19.04.010 2.E. SECTION 4. Amendment BE IT FURTHER RESOLVED by the Mayor and Common Council that: The Land Use Plan of the General Plan of the City of San Bernardino is amended by changing approximately 5.84 acres consisting of 26 parcels from RS, Residential Suburban to RMH, Residential Medium High. This amendment is designated as General Plan Amendment No. 91-17 and its location is outlined on the map entitled Attachments AI, A2 and A3 and is more specifically described in the legal description entitled Attachment B, copies of which are attached and incorporated herein by reference. General Plan Amendment No. 91-17 shall become effective immediately upon adoption of this resolution. SECTION 5. Map Notation This resolution and the amendment affected by it shall be 23 noted on such appropriate General Plan maps as have been previously 24 adopted and approved by the Mayor and Common Council and which are 25 on file in the office of the city Clerk. SECTION 6. Notice of Determination 26 27 28 111/ The Planning Division is hereby directed to file a Notice of 3 RES 93-62 1 Determination with the County Clerk of the County of San Bernardino 2 certifying the city's compliance with California Environmental 3 Quality Act in preparing the Negative Declaration. 4 1111 5 1111 6 1111 7 1111 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 RES 93-62 1 RESOLUTION ...ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-17 TO THE GENERAL 2 PLAN OF THE CITY OF SAN BERNARDINO. 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 5 6 7 8 adopted by the Mayor and Common Council of the City of San meeting therefore held on the Bernardino at a reaular March , 1993, by the following vote to 8th day of wit: Council Members AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 REILLY 11 HERNANDEZ 12 MAUDSLEY 13 MINOR 14 POPE-LUDLAM 15 MILLER 16 17 x ----'L- ----'L- x ----'L- ----'L- ----'L- ~ 18 19 20 21 ~_ The foregoing resolution is day of \\\~~\-" 1993. /;;/~ ~/;::. // W.R. City 22 Approved as to form and legal content: 23 JAMES F. PENMAN City Attorney By: Lf'~ () 24 25 26 27 28 5 I RES 93-62 -". -, --,,-~~.~'--~:-f- :to '!l iD '" ~ .. CITY OF SAN BERNARDINO GPA 91-17 :;t o n (~.~ '" ? o c, '" '" " in 0; '" 0; ., 0> '" I , " " 11 ...J_........ I I"~._.... i I i I ~_.~I~. Il . ,,~ ~_._~'!"_. .ur i> _i:.:> , :ARGYLE . , /..~. @ /~.; "''''1> 00", " 0 "' OJ ,.. " " ","' , '" 13 g ~Ol ;} , 9,"tJ~ :J 2 Q 0,,"> ~'" ~ '" " ~ ,- - -- /..:, " , '- -- /..",. ~ /..,,~-,. ~"--7...-=~---' , en , ~ /"'~.0'9',," ~ .'01';- /~; ~'r- ':, 00 . >, -~,,-:-i ;. 0 " , n ~ I, ~: ~ ;c ,~ ._-_.~~--!.__. " v, , Gl, .I:; ~ /~"O' .'.:;'1'.... ,J,/J4f, ,( .' , " -1- " '" .i.J~ ~:. '" ;;l '" '" ." f , t~ , ~ .{,-~ ~ ~ '" ~~ \. . " " , , , ';;: ~ ~ t ~t1 I."'" ~ I :~Im " AVENUE e>lll ~ i' " ~~ , , .'...'!:.... "AVENUE, .....;. ./ @~ .. ..'f" " "". ' ~., '" /,,~ .:Z , " "".. ' .:; \ .. .-,./---- r,-'" ,'?J \, . ,,~... ,,,--- ;'\" '":'J',}:o " r- r- "' @ (~:.:-< ~-~ 01 .., '!) ~ " --:-~-,-::-"~- ...-;:;- (") ',' .. .-.<.~' ,~-~' " " e:: '" "~.;>- .....;--- ~ (~( i5 ,-,s---;;'-;:--- ~ 8' 'LoI '. , ~ ,'-'_~' 1>'.' ~ t;;;\:- 'J' ;;; -----;..~._:.7-.- - '=) ~ i:i .. _:'!~z.i:___.__ ~V .....' ATTACHMENT Al " , , ~) '-C-/ ;,.,+" ~ _. __ I' .....-':- ~'-. 'J1!I,II'l-f'.l '>"/<111"'<" ;~ o (') - -... .... !=' 0) 0) .t:. ."-1 ~ !II (.0 ~ UI .0 UI - -::::-{'I) ~~ 5 0", '" t)1o co .. <i 3 ~:b~ o~ 9: 00 i5 c: " .. Q ", CD 0\ I (;' 1\5 RES 93 62 ;Ei\ Olila'j041 CITY OF SAN BERNARDINO GPA 91-17 .. ~ iO ~ [if "'~ o Q :..'i:i '" ~.. ~~ il:!': tu~ :..... !!!~ ill'" '" 81 t t " +~ '-:I). @ I ~ e , J .,1- ~ ~+ -- ml~-r ~ ~ ~rEY n~ li'..... :; Sl~ Q "'~ ",," '" E!,;!'s:: ga.g g~ ,,'" ~ < ~~s ~~w~~ ~I>> III ~ < .. ~1f~R a @ <. ,.. .- - e .,w ~@) 0~ N ,....., ~ .. to! t I' ! , '" ...,.. ~ ~ t-- ,~! AI..... 6T-RC[T @ N i (", ;1 u ii .. . @ ~ Q o - ~ 0) \0 0) .!D ~ !Jl \0 ~ Ul $I> ~ @ .. l l ,. " ~@ ~ e .. I I I I I I t~ I 'dO I .".. 1---- ------ N l%oG .. .. .. r- r- '" -c .. e --- - --- i ~ i ft@ .. JM.I ~ . - I r -- ,............... ~ ~~~ o .pili' ~!;'& lS..~ QQ o ~ IN. /DC. '" Ql '" I (Jol ~ , ATTACHMENT A2 RES 93-li~ q' li: '" " ~ .. ('><11 1> """, "0'" "',.... ~N~ 3"'0 o Ol ~ a." ~ -,"'0 "" ~ 0", " 0"'" g'" "lXl .:;: ...----.--."- . CITY OF SAN BERNARDINO GPA 91-17 @ IS t- ~" 1-1 ~!~ ,', lR~~~ < ~ ~ ~~,...., 01 @ " ~ - ,,' ""- --f'" -,,- ATTACHMENT A3 ....'...::!:'.'" ..~.,,;""). ~-{ ~-7. ...,.."" ~... /~!jlllft' l o"/a\l",lo :;i Q o - :c: _" !=' I\) (Jol \0 <Xl is: ~ ~ d\ 01 I 0'1 0'1 Cjc;ilq 8"" ;0'" 0.. -~ ..", 1>!il ~o. g 5. o Q .;,; '" lXl Ol I UJ (Xl !----.--....- RES 93-62 CITY F SAN BER RDINO GENERAL PLAN AMENDMENT NO. GPA 91-17 TITLE ')1 K'-' 0 ~"":; ; ~: ~: I .. . _"l. - tI -. ~l 4 "i _ . ~ -':, II ':1 - ~~ -, _..~''''':....=.J ~- ~- z: I ,.""" -; 1 . ';'"' [I f'? 4 - __00 i : il _oa , Ii ......( , , . '.. ST .. j .....f. ST ~, ! '., . - ?I ~ - ~i " ....l..f. ,- >> ~ ! i -, ill II I r-JL.. II Exhibit 1 . RES .93-62 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 2 3-17-92 7 rr--., rAPPLICANT:City of San Bernardino W m GENERAL PLAN AMENDMENT < NO. 9l-l7 OWNER: Various 0 '-...I r--.. 'I To change the land use designation from RS, Residential I- Suburban, to RMH, Residential Medium High in approximately m 5.84 acres on the south side of Roca Street between Sterling W Avenue and the southern extension of McKinley Street. ::I 0 W II: "- < W II: < \.J \. r EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION Subject Multi-Family RS Residential Suburban North Multi-Family RMH Residential Medium Hioh South Single-Family RS Residential Suburban East School PF Public Facility West Single-Family RS Residential Suburban \.. \. [ GEOLOGIC I SEISMIC 0 YES I FLOOD HAZARD 0 YES 0 ZONE A ( SEWERS: XX YES ) HAZARD ZONE: ~ NO \.. ZONE: ~NO OZONE B o NO 0 r DYES DYES ( HIGH FIRE YES I AIRPORT NOISE! ../1 REDEVELOPMENT ) HAZARD ZONE:X~ CRASH ZONE: PROJECT AREA: NO XX NO XX NO r---.. - r r ...I o NOT o POTENTIAL SIGNIFICANT Z XIXl APPROVAL ~ APPLICABLE EFFECTS WITH 0 MITIGATING MEASURES ~ 0 zm NO E.LR CONDITIONS W~ II.Q :&z o EXEMPT o E,LR REQUIRED BUT NO II.Z 0 DENIAL Z- SIGNIFICANT EFFECTS <W OQ WITH MITIGATING 1-:& II:~ MEASURES m::E 0 CONTINUANCE TO -II. 0 > XX NO SIGNIFICANT o SIGNIFICANT EFFECTS Z 0 W EFFECTS SEE ATTACHED ERC, W MINUTES \.5 ....'-- \ \. aTYOf_~ CEfITIW.~1SMCU PLAN.8.D2 PAGE' OF 1 l~.go} Attachment 2 .RES 93-62 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE GPA 9l-l7 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 2 J_1"7_Q? 2 ""'II REQUEST This City-initiated Generai ?lan Amendment is to change the General Plan land use desioilation from RS, Residential Suburban to RMH, Residential Medium :iign of, 26 parcels comprising a total of approximately 5.84 ~cre5. LOCATION The amendment site is located on the south s ide of Roca Street between Sterl ing "'venue and the southern extension of McKinley Street. BACKGROUND The site, along with the area to the north and northwest of it, is developed ,dth multi-family units (4-plexes). During the review process for adoption of the General Plan on June 2, 1989, the area on the north sid~ of Roca Street was designated RMH, Residential :1edi um High. The south s ide of Roca Street was des ignated RS, Residential Suburban. The development on the site (with the RS designation) is categorized as a legal non-conforming use. GENERAL PLAN CONFORMANCE The present non-conforming status allows for continuation of the present use but would require development under the RS standards if another use were proposed or the buildings were vacated for over 180 consecutive days. The buildings could be reconstructed to the present,density in the event they were destroyed by catastrophe (General Plan Policy 1.7.10). CALJFOB~IlL~~NVIRONME~IAL QUALITY ACT (CEQA) STATUS The project is subject to CEQA. The Environmental Review Committee reviewed the proposed amendment and the Initial Study (Attachment A) on November 14, 1991 and determined that the proposed amendment would not have an adverse impact on the environment and recommended a Negati'Je Declaration. There was a public review period from November 21, 1991 to December 11, 1991 for the Initial Study. COMMENTS RECEIVED No comments have been received. ... ClT'f'01-"~ --- PLAN.I.ClI PAGE 1 OF 1 (4.ocl) RES 93-62 . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE GPA 9l-l7 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE ;L j-j-~L j , ~ ANALYSIS Site and SUI"rounding Area C~aracteristics The site is flat, rec~angu'ar in shape and contains multi-family units (4-plexes). The 26 parcels each contain a 4-plex unit. The area to the north ~f Roca Street is comprised of similar multi- family units. The =1':e a"d the area to the south and west are designated RS, Residential Suburban, with single-family homes. A scr.ooi lies to the east of the site. There are no physical or environmental constrai~,:s on the site. G~neral Plan Goals, Obiectives and Policies "" is the goal (Goal lHi of the City to "Continue existing residential districts which are characterized by their f'~nctional role, permitted uses In this vein the on-site mUlti-family units are a part of the larger multi-family area to the north of Roca Street. The RS designation is for the development of single-family detached residential units at a density of up to 4.5 dwelling units per acre .Policy 1.11.10). The RMH, Residential Medium High designation permits multi-family units up to 24 per acre (Policy 1.13.11). Any reuse proposed on the site or if the buildings were vacant for over 180 days would require conformance with the current standards of the RS district in accordance with General Plan Policy 1.7.2 ~h:~h requires adherence to the standards of the underlying land ,=e district. However, in the event of catastrophe the units could bp rebuilt to the current density. CONCLUSIONS ----_.~_._-_._._._-- The Rr:H designation is appropriate due to the site's current development and its location. The multi-family units on the site are similar to those on the north side of Roca Street. It is p!.-esumed that an oversight caused the boundary between the RMH and as districts to be drawn along Roca Street thus assigning the RS designa,:ion to these multi-family units. ~f the site remains will continue to be tc,e community. in the RS land use designation the current use non-conforming and will provide no benefit to .. .j ClTYCIf'_~ CfNTJW.PfINhNQIitfI'MlU PLAN.a.oa PAGE 1 OF 1 (4.eo) .. .RES 93-62 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE GPA 9l-l7 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 2 3-3-92 4 ~ RECOMMENDATIONS Staff re.:ommends that "the Pla!"'~:1ing Commission make a recommendation to the Mayor and Common C~~ncil that: A Neqati~:e ~>e:::ar-3.tion be adopted in accordance with Section );C20,; cf the Ca:ifornia Environmental Quality Act for ~~~ General Plan Amendment. 2, ::he Genera; F; an Land Use F I an be changed from RS, Residentia2 S~b~rban to RMH, Residential Medium High on the site as shown on Exhibit A of the Initial Study and based in the Findings in Attachment A. Re5pec~flilly submitted di Ii~i /" If?" PM ':"'A Bc~';hey, r51rector Depa~tment of Planning and Building Services . :~/<'~. ~':;'i1 E. Burke ~35istant Planller Attachme~t: A - Findings 5 - Initial Study Exhibit A, Location Map ClTYOF_~ CENnW..~8alVICU '" ...... PLAN.8.D8 PAGE 1 OF 1 (4-510) RES 93-62 .. ,. . . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE GPA 9l-l7 2 3-3-92 5 FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE ... ,. FINDINGS The RMH Residential Me~iu~ High land use designation is compatible with the surrounding mU.lti-family uses and the RS, Residential Suburnan deEignaticn. =~ i" c0nsistent with General Plan Goals, ,)bje,~'Oives and Policles !,""rt~ining to the location of a multi- family designation. :-b", arrendment wi 11 ,.':'0 be :::e'Orimen'Oa 1 to the pub lie interest, :;c'2:"r,. safe,,'; conver<ie"ce, en welfare of the City as addressed in ~~e :nitial 5~~dy a~d th& Staff Report. Thi s ::h3~?>? wi II have m:ilimal impact on the balance of land uses wi~hin tjte city as the aevelopment is in existence and no change is cro~os~d t) the overall acreage assigned for residential use, :-be 5"b'8Ct land is physically suitable for the current use and for .~~'vitv as permitted in the RMH designation, 'ATTACHMENT A J l " I ..oil C1TYf7l1AN IEIWAfIIlI<<) CENTRAl.~NGS:IWlCES PLAN.8.o& PAGE 1 OF 1 I-I