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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: April 8, 2003
ORtGlNAL
Subject: Findings of Fact for denial of
General Plan Amendment No. 02-08 - To
change the land use designation of
approximately 6,750 square feet from RU-l,
Residential Urban, to CG-I, Commercial
General. The location for the proposed
amendment is on the south side of 9th Street
approximately 77 feet east of Medical Center
Drive.
From: James Funk, Director
Dept: Development Services
MCC Date: April 21, 2003
Synopsis of Previons Council Action:
April 7, 2003, the Mayor and Common Council denied General Plan Amendment No. 02-08.
Recommended Motion:
That the Mayor and Common Council adopt the Findings of Fact supporting denial of General Plan
Amendment No. 02-08.
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J ame unk
Contact Person:
Awn Liang
Phone:
384-5057
Supporting data attached: Staff Report
Ward:
1
FUNDING REQUIREMENTS: Amount: N/A
Source: lAce!. No.)
Finance:
Council Notes:
Agenda Item No.
j)
~ J~J /03
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: General Plan Amendment No. 02-08 - To change the land use designation from
R U -I, Residential Urban to CG-l, Commercial General for one parcel ofland
located on the south side of 9'h Street approximately 77 feet east of Medical
Center Drive.
Mayor and Common Council Meeting of April 21, 2003
BACKGROUND
At their public hearing of April 7, 2003, the Mayor and Common Council denied General Plan
Amendment No. 02-08 per the recommendation of the Planning Commission and continued for
two weeks for Development Services to bring proposed Findings of Fact to the Council.
FINDINGS OF FACT IN SUPPORT OF DENIAL
I) Is the proposed amendment internally consistent with the General Plan?
No, the proposed amendment is not internally consistent with the General Plan goal and
objective as follows:
General Plan Goal IF states: "ensure that the types of land uses developed in the City
complement and do not adversely affect the quality of life and health of the City's
residents and businesses" .
General Plan Goal IG states: "achieve a pattern and distribution of land uses which a)
retain and enhance established residential neighborhoods........... and amenities".
General Plan Objective 1.8 (c) states: "provide lands to accommodate housing units
which meet the diverse economic and social needs of the residents; locating
development to c) allow expansion into vacant and low-intensity use lands within
infrastructure and environmental constraints.
The proposed amendment is not internally consistent with the General Plan in that the
proposed amendment would not promote land use compatibility. The proposed
amendment would negatively impact the character of existing residential neighborhoods
in this area. Specifically, the proposed amendment would result in significant intrusion
into the immediate abutting established single-family residential neighborhoods to the
east.
2) Would the proposed amendment be detrimental to the public interest, health, safety,
convenience, or welfare of the City?
The proposed amendment would be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that the proposed amendment would allow uses
such as convenience store, mini-mart store, 99 cent store and other commercial outlets
as stated by the applicant. The proposed amendment would allow uses that would
operate in a manner that would not be consistent with the existing immediate and future
land uses within the general area. The proposed amendment would create conditions that
would be detrimental or objectionable to other permitted uses in the vicinity and adverse
to the welfare of the City. In addition, General Plan Objective 1.6.2 states: "control the
location and number of alcohol sales, adult book stores and businesses, game arcades
and other community-sensitive uses, based on proximity to residences, schools,
religious facilities and parks in accordance with legislative and legal requirements".
Based on this, the proposal would not create an environment that would contribute
significant economic and social benefits to the City.
FINANCIAL IMPACT
None. The applicant submitted an application and paid the $1,500.00 processing fee.
RECOMMENDATION
That the Mayor and Common Council adopt the Findings of Fact supporting denial of General
Plan Amendment No. 02-08.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: March 10, 2003
Subject: General Plan Amendment No. 02-08
- To change the land use designation of
approximately 6,750 square feet from RU-1,
\ N A L Residential Urban, to CG-l, Commercial
o R \ G General. The location for the proposed
amendment is on the south side of 9th Street
approximately 77 feet east of Medical Center
Drive.
From: James Funk, Director
Dept: Development Services
MCC Date: April 7,2003
Synopsis of Previous Council Action:
None
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council:
1 Adopt General Plan Amendment No. 02-08 and adopt the resolution approving General
Plan Amendment No. 02-08, based on the Findings of Fact contained in the Planning
Commission Staff Report dated February 19, 2003, per recommendation of the
Development Services Department; or
2 Deny General Plan Amendment No. 02-08 per the recommendation of the Planning
Commission and continue two weeks for Development Services to bring proposed Findings
of Fact to the Council.
VUJiw u,0# t:u JP
James unk
Contact Persou:
Aron Liang
Phone:
384-5057
Supporting data attached: Staff Report
Ward:
3
FUNDING REQUIREMENTS: Amount: N/A
Source: lAce!. No.)
Finance:
Council Notes:
Agenda Item No.
~
1/1/~3
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: General Plan Amendment No. 02-08 - To change the land use designation from
RU-I, Residential Urban to CG-I, Commercial General for one parcel ofland
located on the south side of 91h Street approximately 77 feet east of Medical
Center Drive.
Mayor and Common Council Meeting of April 7, 2003
OWNER
APPLICANT:
Quan Tran
861 Medical Center Drive
San Bernardino, CA 92411
(909)231-4056
Hung Nguyen
25235 Cottage Street
Lorna Linda, CA 92354
(909)231-4056
REQUEST
The applicant requests a change in the land use designation of approximately 6,750 square feet
from R U -I, Residential Urban, to CG-I, Commercial General. The location for the proposed
amendment is on the south side of 9th Street approximately 77 feet east of Medical Center Drive
(Attachment A).
Specifically, this amendment would allow the applicant to increase the general commercial
property on the south side of 91h Street by 6,750 square feet. A detailed analysis of the project
is contained in the Planning Commission Staff Report (Attachment B).
BACKGROUND
The proposed amendment was considered by the Planning Commission on February 19,2003.
At the hearing, the applicant stated that the proposed amendment was needed to enhance the
site for construction of a commercial project at this location. The applicant also stated that the
existing commercial lot fronting Medical Center Drive was not large enough to allow
commercial development and that all future projects constructed at this location to include
convenience store, laundromat and other commercial building would comply with the CG-I,
Commercial General design guidelines and development standards.
In accordance with the Planning Commission Staff Report dated February 19,2003, the
applicant was advised that Planning Division would not support a proposal that would include
the design, construction and operation of a 99 cent store and/or a mini-mart store at this
location. Furthermore, the applicant was advised that other policies and objectives within the
General Plan and ordinances in the Development Code could be applied to facilitate a uniform
development for this site. The proposed site could be used for commercial development
without this proposed General Plan Amendment.
The Planning Commission opened and received the public testimony on this matter. One local
resident from the area spoke in opposition of the proposal. She was concerned that a
convenience store would serve as a hangout and cause problems in the neighborhood.
After the public testimony, the Planning Commission made a motion to recommend approval
of General Plan Amendment No. 02-08. Commissioners Thrasher and Welch voted in favor of
the proposal and Commissioners Coute, Lockett, Sauerbrun and Vasquez voted against the
proposal. Commissioners Durr, Enciso, and Morris were absent. The motion failed. The
Plamling Commission members who were opposed to the General Plan Amendment expressed
concerns that two separate substandard lots would have a Commercial General designation.
The owner could sell each parcel separately. This concern could be removed if the applicant
processed a lot merger. The lot merger of two substandard lots would create one lot exceeding
the minimum standard. The new, larger parcel, would still have the split designation, but the
General Plan policies cited in the Plaill1ing Commission Staff Report would still be applicable.
The Planning Commission was also concerned about potential future development proposals.
FINANCIAL IMPACT
None. The applicant submitted an application and paid the $1,500.00 processing fee.
RECOMMENDATION
That the hearing be closed and that the Mayor and Common Council:
I Adopt General Plan Amendment No. 02-08 and adopt the resolution approving General
Plan Amendment No. 02-08, based on the Findings of Fact contained in the Planning
Commission Staff Report dated February 19, 2003, per recommendation of the
Development Services Department; or
2 Deny General Plan Amendment No. 02-08 per the recommendation of the Planning
Commission and continue two weeks for Development Services to bring proposed
Findings of Fact to the Council.
ATTACHMENTS
A. Location Map
B. Planning Commission Staff Report dated February 19,2003
C. Site Photos
D. Resolution
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: GPA 02-08
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 2119/03
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SUMMARY
CITY OF SAl\' BERl\'ARDIl\'O PLAl\'NING DIVISION
CASE:
AGENDA ITEM:
HEARIl\'G DATE:
WARD:
General Plan Amendment No 02-08
I
Fehruary 19. 2()()3
OWl\'ER
Quan Iran
861 Medical Center Drive
San Bernardino. CA 92411
(909)231-4056
APPLICANT:
Hung Nguyen
25235 Cottage Street
Lorna Linda, CA 92354
(909)231-4056
REQUEST/LOCATION:
The applicant requests an amendment to the General Plan to change the land use designation of one
parcel. approximately . IS-acres, from RU-I, Residential Urban to CG-I, Commercial General. The
project site is located on the south side of 9th Street approximately 77 feet east of Medical Center
Drive.
CONSTRAINTS/OVERLA YS:
None
ENVIRONMENTAL FINDINGS:
o Not Applicable
. Exempt. CEQA Section 15332 - In-fill Development
o No Significant Effects
o Potential Effects
STAFF RECOMMENDATION:
. Approval
o Conditions
o Denial
o Continuance to:
GPA No. 02-08
Hearing Dale: 2-19-03
Page 2
REOl:EST AND LOCATION
The applicant requests approval of a General Plan Amendment under the authority of
Development Code ~ 19.50 to change the land use designation of one parcel, approximately
. IS-acres. from RU-1. Residential Urban. to CG-1. Commercial General. The parcel is located
011 tbe soutb side of9lh Street approximately 77 feet east of Medical Center Drive (Attachment
A).
The parcel immediately adjacent to the southeast corner of Medical Center Drive and 9th Street
is 10.400 square feet and designated as CG-1. Commercial General land use district. The
parcel included in this amendment request is directly east of the commercial designated parcel.
Presently, the property owner owns both parcels. The proposed amendment will increase the
general commercial property on the south side of 9th Street by 6,750 square feet. The
proposed amendment will provide the property owner with a AD-acre site and provide wider
options for site illustration layout to comply with Code requirements for parking, landscaping,
street dedications and other engineering requirements that would normally be required as a part
of site planning layout (Attachments A & B).
SETTING/SITE CHARACTERISTICS
The project site is currently vacant and has been maintained for weed control. The proposed
site is rectangularly shaped and relatively flat. Surrounding the property to the north across 9th
Street is a single-family use in the RU-I, Residential Urban land use district. To the east and
abutting the site is a single-family residential use in the Residential Urban land use district. To
the south and abutting the site are commercial uses in the CG-I, Commercial General, land use
district. To the west across Medical Center Drive is a CG-I, are commercial general uses in
the CG-I, Commercial General, land use district.
BACKGROUND
The Development/Environmental Review Committee (D/ERC) reviewed General Plan
Amendment (GPA) No. 02-08 on January 16,2003, and moved it to the Planning
Commission. At that meeting, Planning staff advised the applicant that a GPA was not required
and that the Planning Commission could consider the inclusion of this parcel with a
commercial development. consistent with General Plan Policy 1.7.21 which states "Consider,
by Conditional Use Permit, the expansion of commercial lot depths along corridors to
accommodate the inclusion of parking with the commercial use, unless this adversely impacts
adjacent residential neighborhoods". The applicant indicated that he wishes to pursue the
GPA. Staff further advised the applicant that Planning Division would not support a proposal
that would include the design, construction and operation of a 99 cents store and/or a mini-
mart store.
CPA No. 02-08
Hearing Date: 2-19-03
Page 3
FINDIl'iGS AND ANALYSIS
I. Is the proposed amendmelll illlernally consistelllwith the General Plan?
Yes, the proposal is consistent with the General Plan policies as follows:
General Plan Policy 1.19.10 states: "Permit a diversity of community-serving
retail and services uses. .in areas designated as "Commercial General" (CG-l)."
General Plan Policy 4.18.1 states: "designate land for local-serving general and
neighborhood commercial retail activity.
The change from the R U -1 district to the CG-l district will enable the property owner
to develop a viable commercial use of the two parcels and provide a development
opportunity along Medical Center Drive that is developing with general commercial
uses. The proposed amendment will allow the site to be consistent with the existing
adjacent commercial properties to the south.
The proposed area (approximately 6,750 square feet) along with the existing commercial
property (approximately 10,400 square feet) fronting Medical Center Drive may become
a potential site for development of multi-tenant commercial center to serve the
neighborhood and the surrounding community.
2. Is the proposed amendment detrimental to the public interest. health, safety.
convenience. or welfare of the City?
No, the proposal would not pose any threat to the public health, safety and welfare of the
City in that any commercial development proposal would be required to comply with all
applicable provisions of the Development Code, Chapter 19.06, Commercial District.
The proposed amendment would increase the size of the commercial site, making it easier
to comply with all development standards.
The proposed amendment will create an environment of value for commercial
development and will not adversely affect the quality of life, health and safety of the
City's residents and businesses in this area.
3. Does the proposed amendment maintain the appropriate balance of land uses within the
City~
Yes, the proposed amendment is consistent with the General Plan policies as described
in Finding No.1. The property is adjacent to other commercial uses to the west and
south within the CG-l, land use district. The proposed amendment is for one parcel
and does not adversely impact the balance of land uses within the City. Although the
parcel is designated RU-l, two residential units are the most that could be developed on
the site.
CPA No. 02-08
Hearing Dale: 2-/9-03
Page 4
The proposed amendment will promore land use consistency by extending the CG-l
district from Union Street to 9'" Street. The proposal will bring commercial properties
fronting Medical Center Drive to a balance with commercial land uses for the area.
4. Is the subject parcel physically suitable (including, but not limited to. access.
provision of utilities. compatibility with adjoining land uses, and absence of
plzvsical 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 all had the opportunity to review the proposal, and none have
indicated an inability to serve the project based on the change in land use designation.
All required utilities and public services can adequately serve the site.
The proposed amendment area is bounded by developed, dedicated streets and existing
infrastructure suitable for commercial development. All future commercial development
proposal on the site must conform to all applicable provisions of the Development Code
for setbacks, lor coverage and height requirements.
CONCLUSION
The proposal meets all the necessary Findings of Fact for approval of General Plan
Amendment No. 02-08.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the Mayor and Common
Council approve General Plan Amendment No. 02-08, based upon the Findings of Fact
contained in this Staff Report.
Respectfully Submitted.
J~f'W~
Director of Development Services
e:-
Associate Planner
Attachment A
Attachment B
Location Map
Site Map
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING
GENERAL PLAN AMENDMENT NO. 02-08 TO THE GENERAL PLAN OF THE
CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE
DESIGNATIONS FROM RU-l, RESIDENTIAL URBAN, TO CG-l, COMMERCIAL
GENERAL, FOR .15 ACRES LOCATED ON THE SOUTH SIDE OF 9 TH STREET
APPROXIMATELY 77 FEET EAST OF MEDICAL CENTER DRIVE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals
(a) 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. 02-08 to the General Plan of the City
of San Bernardino was considered by the Planning Commission on February 19, 2003, after a
noticed public hearing.
(c) WHEREAS, General Plan Amendment No. 02-08 was found to be exempt from
the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing
Facilities, and would not have a significant effect on the environment.
(d) WHEREAS, the exemption from CEQA has been reviewed by the Planning
Commission and the Mayor and Common Council in compliance with the California
Environmental Quality Act (CEQA) and local regulations.
(e) WHEREAS, the Planning Commission conducted a noticed public hearing on
February 19, 2003, in order to receive public testimony and written and oral comments on
General Plan Amendment No. 02-08 (a proposal to change the General Plan Land Use
Designation from RU-l, Residential Urban, to CG-l, Commercial General, for .IS-acres
located on the south side of 9lh Street approximately 77 feet east of Medical Center Drive and
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fully reviewed and considered the Planning Division Staff Report and the recommendation of
the Environmental Review Committee.
(1) WHEREAS, the Mayor and Common Council held a noticed public hearing and
fully reviewed and considered proposed General Plan Amendment No. 02-08 and the
Planning Commission and Environmental Review Committee recommendations and Planning
Division Staff Report on February 19,2003.
(g) WHEREAS, the adoption of General Plan Amendment No. 02-08 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. Exemotion
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. Findin~s
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of
San Bernardino that:
A. The proposed amendment is internally consistent with the General Plan in that it meets
General Plan Policy 4.18.1, in that it permits designation of land for local-serving
general and neighborhood commercial retail activity.
B. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City in that all commercial retail activities are
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c.
D.
conducted within an enclosed structure. Furthermore, any renovation or expansion
work will be required to comply with all applicable provisions of the Development
Code.
A.
The proposed amendment would not impact the balance of land uses within the City in
that the proposed property is adjacent to other commercial uses in the CG-I district
and is consistent with General Plan Policy 4.18.1. The General Plan Amendment
does not adversely impact the balance of land 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 RU-l, Residential Urban, to CG-I,
Commercial General, for .15 acres located on the south side of 9th Street
approximately 77 feet east of Medical Center Drive. This amendment is designated as
General Plan Amendment No. 02-08 and its location is outlined on the map entitled
Attachment A, and further described in Attachment B, copies of which are attached
and incorporated herein for reference.
General Plan Amendment No. 02-08 shall become effective immediately upon
adoption of this resolution.
B.
3
SECTION 5. MaD 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 ExemDtion
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.
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RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. 02-08 TO
THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE
GENERAL PLAN LAND USE DESIGNATIONS FROM RU-l, RESIDENTIAL
URBAN, TO CG-l, COMMERCIAL GENERAL, FOR .15 ACRES LOCATED ON
THE SOUTH SIDE OF 9TH STREET APPROXIMATELY 77 FEET EAST OF
MEDICAL CENTER DRIVE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting
thereof, held on the
day of
, 2003, by the following vote, to wit:
Council Members
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this _ day of
2003.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:
5
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ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: GPA 02-08
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 2/19/03
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.cLsan-bernardino.ca.us
3M
April 22, 2003
Hung Nguyen
25235 Cottage Street
Lorna Linda, CA 92354
Dear Mr. Nguyen:
At the Mayor and Common Council meeting held on April 21, 2003, the following action was
taken relative to the public hearing on General Plan Amendment No. 02-08, to change the land
use designation from RU-l, Residential Urban, to CG-l, Commercial General, for
approximately 6,750 square feet located on the south side of 9th Street, approximately 77 feet
east of Medical Center Drive:
That the Mayor and Common Council adopt the Findings of Fact supporting
denial of General Plan Amendment No. 02-08.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
~~ h.C-t~c-
Rachel G. Clark, CMC
City Clerk
RGC:ls
cc: Development Services
Quan Tran, 861 Medical Center Drive, San Bernardino CA 92411
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountahility . Respect for Human Dignity' Honesty
OFFICE OF THE CiTY CLERK
RACHEL G. CLARK, C.M.C. . CITY CLERK
300 North "0" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.ci.san-bernardino.ca.us
0"
April 8, 2003
Hung Nguyen
25235 Cottage Street
Lorna Linda, CA 92354
Dear Mr. Nguyen:
At the Mayor and Common Council meeting held on April 7, 2003, the following action
was taken relative to the public hearing on General Plan Amendment No. 02-08, to change
the land use designation from RU-l, Residential Urban, to CG-l, Commercial General, for
approximately 6,750 square feet located on the south side of 9th Street, approximately 77
feet east of Medical Center Drive:
That the hearing be closed; and that the Mayor and Common Council deny
General Plan Amendment No. 02-08 per the recommendation of the
Planning Commission and continue to April 21, 2003, for Development
Services to bring proposed Findings of Fact to the Council.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
Q.;.J,j...h CLa./lc.-fr:...
Racher G. Clark, CMC
City Clerk
RC:ls
cc: Development Services
Quan Tran, 861 Medical Center Drive, San Bernardino CA 92411
CiTY OF SAN BERNARDINO
A nOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty