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Home My WebLink About28-Development Services CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION OR1G\NAL Subject: General Plan Amendment No. 04-04 - To change the land use designation for seven parcels from CG-4, Commercial General to RS, Residential Suburban. The project site is located on the north side of King Street, between the alley that is east of Mt. Vernon Avenue and Giovanola Avenue, south of 2nd Street. From: Dept: James G. Funk, Director Development Services Date: September 27, 2004 MCC Date: October 18, 2004 Synopsis of Previous Council Action: On August 16, 2004, the Mayor and Common Council initiated a General Plan Amendment to consider changing the land use designation from CG-4, Commercial General to RS, Residential Suburban for seven parcels located on the north side of King Street, between the alley that is east of Mt. Vernon Avenue and Giovanola Avenue, south of 2nd Street. Recommended Motion: That the hearing be closed and the resolution be adopted. ~(/'~r;;y James G. Funk Contact person: Aron Liang, Senior Planner Phone: 384-5057 Supporting data attached: Staff Report & Resolution Ward(s): 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Ace!. Description) Finance: Council Notes: ~Jlzlx.A -;331 Agenda Item No. :J$ IO\li/04 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: General Plan Amendment No. 04-04 Owner: Various Applicant: City of San Bernardino 300 North "D" Street San Bernardino, CA 92408 909.384.5057 BACKGROUND The Mayor and Common Council directed staff to prepare an amendment to the General Plan to consider changing the land use designation for seven parcels from CG-4, Commercial General to RS, Residential Suburban. The project site is located on the north side of King Street, between the alley that is east of Mt. Vernon Avenue and Giovanola Avenue, south of 20d Street (Exhibit 1). Specifically, this amendment would allow the two vacant parcels on this site to be developed with detached single family homes. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Please refer to the Planning Commission Staff Report dated September 21, 2004, for more details (Exhibit 2). The proposed amendment was heard by the Planning Commission on September 21, 2004, and at that time, the Planning Commission voted to support General Plan Amendment No. 04-04. Commissioners Brown, Coute, Enciso, Heasley, Sauerbrun, and Thrasher voted in favor of the proposal. Commissioners Durr and Morris were absent. FINANCIAL IMPACT Not applicable. The Mayor and Common Council initiated this general plan amendment. RECOMMENDATION That the hearing be closed and that General Plan Amendment No. 04-04 be approved based upon the Findings of Fact contained in the Planning Commission Staff Report. EXHIBITS: I Location Map 2 Planning Commission Staff Report dated September 21, 2004 3 Resolution EXHIBIT 1 CITY OF SAN BERNARDINO PROJECT: GPA 04-04 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 10/18/04 u NORTH 7~Dm[]L sr 10 -' ~ y.~ S....T' H R.I.",.."'''''' - LN f'IUTJ ..N l~"J. f,' .JL · I -, tJ/." EXHIBIT 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: General Plan Amendment No. 04-04 5 September 21, 2004 3 OWNER: APPLICANT: Various City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 909.384.5057 REQUEST/LOCATION: An amendment to the General Plan to change the land use designation for seven parcels CG-4, Commercial General to RS, Residential Suburban. The project site is located on the north side of King Street, between the alley that is east of Mt. Vernon A venue and Giovanola A venue, south of 2'" Street. CONSTRAINTS/OVERLAYS: None ENVIRONMENTAL FINDINGS: o Not Applicable . Exempt, Section 15332 - In-fill development o No Significant Effects o Potential Effects STAFF RECOMMENDATION: . Approval o Conditions o Denial o Continuance to: General Plan Amendment No. 04-04 Meeting Date: September 21,2004 Page 2 REQUEST AND LOCATION A City-initiated amendment to the General Plan under the authority of Development Code 9 19,50 to change the land use designation for seven parcels from CG-4, Commercial General to RS, Residential Suburban. The project site is located on the north side of King Street, between the alley that is east ofMt. Vernon Avenue and Giovanola Avenue, south of 2nd Street (Attachment A). Pursuant to the Development Code, Section 19.04, Section 19.04.030, Table 04.02, the RS land use district allows a minimum lot size of 7,200 square feet. Although the existing parcels are slightly smaller than the required minimum lot size at 6,250 square feet (50'xI25' each), they are existing lots of record and consistent with the existing adjacent parcels to the north, south, east and west areas. Of the seven parcels, two parcels are vacant and the remaining five lots contain single family residences. Any single-family development proposal would be required to comply with the RS development standards that are already in place such as dwelling unit size, lot coverage, structure height and setback requirements. The Mayor and Common Council directed staff to prepare an amendment to the General Plan to change the land use designation from CG-4 to RS land use district for seven parcels. Specifically, this amendment would allow the two vacant parcels on this site to be developed with detached single family homes. SETTING/SITE CHARACTERISTICS The proposed site with seven parcels totaled 1 acre in size and is relatively flat. Adjacent to the site to the east and south is single-family residential in the RS, Residential Suburban land use district. Adjacent to the west is single-family uses in the CG-4, Commercial General land use district. To the north are vacant lots in the CG-4 district. BACKGROUND An applicant submitted plans for a single family residence to Building Plan Check for review and approval. Planning staff determined that the permit could not be issued because the parcel in question was designated CG-4, Commercial General and not RS, Residential Suburban. The north side of King Street between the alley east of Mt. Vernon A venue and Giovanola Avenue contains seven parcels, five contain single family residences and two are vacant. Additionally, these seven parcels are separated from the commercial on Mt. Vernon Avenue and 2"d Street by alleys. Development of this seven parcel block with commercial uses is not likely at this time because of lack of visibility from Mt. Vernon and 2"d Street. General Plan Amendment No. 04-04 Meeting Date: September 21. 2004 Page 3 FINDINGS AND ANALYSIS 1. Is the proposed amendment internally consistent with the General Plan? Yes, the proposed use is internally consistent with General Plan Policy 1.11.10, in that it would; "Permit the development of single-family detached residential units at a density of up to 4.5 units per gross acre and height of two and one-half stories including a loft (35 feet) in areas designated as RS "Residential Suburban". The change from CG-4, Commercial General to RS, Residential Suburban, would enable the two vacant parcels to be developed with detached single family homes. 2. Is the proposed amendment detrimental to the public interest, health, safety, convenience. or welfare of the City? The proposal would allow the property to be developed consistent with the RS land use district for single-family detached uses. Any single-family development proposal would be required to meet the development standards that are already in place and comply with all applicable provisions of the Development Code, as such, the proposal would not pose any threat to the public health, safety and welfare of the City. 3. Does the proposed amendment maintain the appropriate balance of land uses within the City? The property is adjacent to other residential uses in the RS land use district and is consistent with the General Plan Policy 1.11.10 as mentioned in Finding No. I. The proposal will provide additional opportunities for housing development. The General Plan Amendment does not adversely impact the balance of land uses within the City. 4. Is the subject parcel physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and anticipated land use development? All agencies responsible for reviewing access, and providing water, sanitation and other public services have had the opportunity to review the proposal, and none have indicated an inability to serve the project for residential uses. The proposed amendment area is bounded by developed, dedicated streets and existing infrastructure suitable for urban development. All future single-family detached development proposals on the site must conform to all applicable provisions of the Development Code and RS standards for setbacks, lot coverage and height requirements. General Plan Amendment No. 04-04 Meeting Date: September 21. 2004 Page 4 CONCLUSION The proposal meets all the necessary Findings of Fact for approval of General Plan Amendment No. 04-04. RECOMMENDATION Staff recommends the Planning Commission recommend that the Mayor and Common Council approve General Plan Amendment No. 04-04, based upon the Findings of Fact contained in this Staff Report. Respectfully Submitted, Jat~()'~rJr Director of Development Services ~ Senior Planner Attachment A Attachment B Location Map Site Plan ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: GPA 04-04 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 9/21/04 u NORTH LI -. ~ H~ S....TA H A..,l,.W..... ~ I ~ \ - LN rUT! I .N r < I It,.. I' ~ .,. 0'"' .. - A' I -:> tJI. J I --, ,- @ I ! II r---1-133~lS I .. .'.' .#"r, , (g) 0 - @ i , .. , @ ~ @ . .. . , . €I !!! @ , ., <9 ~ .. @ !!! @"'@ 0 G .. ~ e !!! ~..~ . E> ! .... @ , " - _.:: . - . e ~ .. @ ~ G ~ .. @ ~ G = 0 @ " ;r/ 1 IU IU ~ III ~-:l-31lN3I\11 f>,";,,\1- ,., \ ~ At -To ,-\1 :,.h_,"~,,! ,.tl'l' ,1' . "11 t ....r\l @ I I I~ ,--~- "" I , ,'. . , E'-"" ~ @ 0 - @ .. . >r/ . @ .. .. @ , . . l €I !!! ., @ ~ <9 !::: .. @ .. G !!! 'i\"'@ i? e "' fj..@ B ! .... @ ~ e ~ .. @ ~ ~ e .. .. <ID ~ \ G = 0 @ \ ~ l IU ~ III I +-:-- I , , ," ~ ! ~ ~ ___u,,_n_ !!! n____..____ @ !!! e .... G !!! G ~ ~ e 0 .. .~...-" . r~'c~ . - I l\I ~III') ". I I IO~: @ ,( ~ I I ,I I .( ..,.,...... ---+----~ 3nN3N Ii I I1lONI1M/9---l-: , . ~ G ! ~ @ \ <9 "' ~ (g) G !!! = @ G ~ ~ @ G !!! ~..@ ~ .. 8 !!! u t!l ~ .. ~ \ e 0 .... @ ~ .. ..>r/ ...., ~- .. , 1 ., .. "' .. . i l ~8 <ID @ @ @ @l . , , ~ , ..- I ; , I -~ I NON~311 11'1 -t- -, - r I I --I-- I, ""'" lti .:: l:!3 L a: ~ ~ UI ~ o I i ~ ~ ~ ~ ~ 'Jl ~ , , ~ , " , . . . . . < @?) ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLU\C~Ott RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN Al\IENDMENT NO. 04-04 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATIONS FROM CG-4, COMMERCIAL GENERAL, TO RS, RESIDEl'ITIAL SUBURBAN, FOR SEVEr" PARCELS LOCATED ON THE NORTH SIDE OF KING STREET, BETWEEN THE ALLEY THAT IS EAST OF MT. VERNON AVENUE AND GIOV ANOLA A VE'IUE, SOUTH OF 2'D STREET. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. Recitals (al WHEREAS. the General Plan for the City of San Bernardino was adopted by the Mayor and Common Council by Resolution No. 89-159 on June 2, 1989. (b) WHEREAS, General Plan Amendment No. 04-04 to the General Plan of the City of San Bernardino was considered by the Planning Commission on September 21. 2004, a noticed public hearing, and the Planning Commission's recommendation of approval has been 15 16 considered by the Mayor and Common Council. 17 (c) WHEREAS, General Plan Amendment No. 04-04 was found to be exempt from the 18 California Environmental Quality Act (CEQA) pursuant to Section 1530 I, Existing Facilities, 19 and \\ ould not have a significant effect on the environment. 20 21 (d) WHEREAS, the exemption from CEQA has been reviewed by the Planning Commission and the Mayor and Common Council in compliance with the California 22 23 24 25 26 27 28 Environmental Quality Act (CEQA) and local regulations. (e) located on the north side of King Street, between the alley that is east of Mt. Vernon Avenue and Giovanola Avenue, south of 2'd Street) and fully reviewed and considered the Planning Division Staff Report and the recommendation of the Environmental Review Committee. -1- No. 1-? JO/lf/~'l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 A. 23 24 25 26 27 28 Giovanola Avenue, south of 2nd Street) and fully reviewed and considered the Planning Division Staff Report and the recommendation of the Environmental Review Committee. (I) WHEREAS, the Mayor and Common Council held a noticed public hearing and fully reviewed and considered proposed General Plan Amendment No. 04-04 and the Planning Commission and Environmental Review Committee recommendations and Planning Division Staff Report on September 21, 2004. (g) WHEREAS, the adoption of General Plan Amendment No. 04-04 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. SECTION 2. Exemption NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council that the proposed amendment to the General Plan of the City of San Bernardino will have no significant effect on the environment, and the exemption heretofore prepared by the Environmental Review Committee as to the effect of this proposed amendment is hereby ratified, affirmed and adopted. SECTION 3. Findings BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San Bernardino that: The proposed amendment is internally consistent with the General Plan in that it meets General Plan Policy 1.11.10, in that it permits the development of single-family detached residential units at a density of up to 4.5 units per gross acre and height of two and one-half stories. 2 The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that any single family development will be required to comply with all applicable provisions of the Development Code. The proposed amendment would not impact the balance of land uses within the City in that the proposed property is adjacent to other residential uses in the RS district and is consistent with General Plan Policy 1.11.10. The General Plan Amendment does not adversely impact the balance ofland uses within the City. In the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s) in that all required utilities and public services can adequately serve the site. 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 the land use designation from CG-4, Commercial General, to RS, Residential Suburban, for seven parcels located on the north side of King Street, between the alley that is east of Mt. Vernon Avenue and Giovanola Avenue, south of 2nd Street. This amendment is designated as General Plan Amendment No. 04-04 and its location is outlined on the map entitled Exhibit A, and further described in Exhibit B, copies of which are attached and incorporated herein for reference. General Plan Amendment No. 04-04 shall become effective immediately upon adoption of this resolution. 3 1 2 3 4 5 SECTION 5. Map Notation This resolution and the amendment affected by it shall be noted on such appropriate General Plan maps as having been previously adopted and approved by the Mayor and Common Council and which are on file in the office of the City Clerk. SECTION 6. Notice of ExemPtion The Planning Division is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino certifying the City's compliance with California Environmental Quality Act in preparing the Exemption. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 1 2 3 4 5 RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. 04-04 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATIONS FROM CG-4, COMMERCIAL GENER<\L, TO RS, RESIDNTIAL SUBURBAN, FOR SEVEN PARCELS LOCATED ON THE NORTH SIDE OF KING STREET, BETWEEN THE ALLEY THAT IS EAST OF l\1T. VERNON AVENUE AND GIOV ANOLA AVENUE, SOUTH OF 2,"D STREET. 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting thereof, , 2004, by the following vote, to wit: NAYS ABSTAIN ABSENT City Clerk 21 22 23 The foregoing resolution is hereby approved this ,2004. day of JUDITH VALLES, Mayor City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN 26 City Attorney 27 By: L 1- p~ 28 0 5 EXHIBIT A CITY OF SAN BERNARDINO PROJECT: GPA 04-04 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 9/21/04 u NORTH ~~D~HDD S! ! C] -. .. r " . I J I --,.' @ - I I II I . ,..---1-133/11 S .. "., .,r, .. . (g) 0 - @ . .. . . @ .. @) " , '" , , \ e !!! @ . '" <::) ~ .. @ !!! IBn@ 0 @ ~ ;: e ~ I~IO~ \ -~ ! .. @ , .. - \ e ~ @ , .. ~ G ~ .. @ ~ G :: 0 @ ~, 1 '" ~ lI) ~'''1-3rw3h I +.:-- I , , .- ~ ! -.; ~ --mt--n- ~ ------r---- @ !!! G .. (!) !! 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