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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: May 14, 2002
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Subject: General Plan Amendment No. 02-04 -
To change the land use designation of
approximately .32-acres from CR-2, Commercial
Regional to CG-I, Commercial General, land use
district. The location for the proposed
amendment is at 725 - 735 North D Street.
From: James Funk, Director
Dept: Development Services
MCC Date: June 3, 2002
Synopsis of Previous Council Action:
None
Recommended Motion:
That the public hearing be closed and the resolution be adopted. E
~am:!--
Contact Person:
Awn Liang
Phone:
384-5057
Supporting data attached: Staff Report & Resolution Ward: 1
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
Finance:
Council Notes: l28so~dCJ:bl-ls4
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: General Plan Amendment No. 02-04
Mayor and Common Council Meeting of June 3, 2002
OWNER
Rose E. Mihata, Trust
468 W. Tahquiz Way
Palm Springs, CA 92262
APPLICANT:
City of San Bernardino
300 N. D Street
San Bernardino, CA 92418
REQUEST
The applicant requests to change the land use designation of approximately .32-acres from CR-
2, Commercial Regional to CG-l, Commercial General, land use district. The location for the
proposed amendment is at 725 - 735 North D Street.
A detailed analysis of the project is contained in the Planning Commission Staff Report
(Exhibit B). The .32-acres site consists of two separate parcels that contains an existing
occupied multi-tenant building/center. Specifically, this amendment would allow the existing
outpatient counseling treatment facility located at 725 - 735 North D Street to apply for a
Conditional Use Permit (CUP) to operate and provide outpatient counseling treatment
programs to substance abuse patients for the surrounding community.
BACKGROUND
The Mayor and Common Council directed staff to prepare an amendment to the General Plan.
The proposed amendment was first heard by the Planning Commission on April 2, 2002, and
at that time, the Planning Commission voted to support General Plan Amendment No. 02-04.
Commissioners Coute, DUff, Lockett, Morris, Ramirez, Sauerbrun, and Thrasher voted in
favor of the proposal. Commissioners Enciso and Welch were absent.
FINANCIAL IMPACT
None. The Mayor and Common Council initiated this general plan amendment.
RECOMMENDATION
That the public hearing be closed and General Plan Amendment NO. 02-04 be approved based
on the Findings of Fact in the Planning Commission staff report.
EXHIBITS
A. Location Map
B. Planning Commission Staff Report
C. Resolution
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ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: GPA 02.04
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 6/3/02
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SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
General Plan Amendment No. 02-04
3
April 2, 2002
I
OWNER
Rose E. Mihata, Trust
468 W. Tahquiz Way
Palm Springs, CA 92262
APPLICANT:
City of San Bernardino
300 N. D Street
San Bernardino, CA 92418
REQUEST/LOCATION:
An amendment to the General Plan to change the land use designation of approximately .32-acres
from CR-2, Commercial Regional to CG-I, Commercial General, land use district. The location for
the proposed amendment is at 725 - 735 North D Street.
CONSTRAINTS/OVERLAYS:
None
ENVIRONMENTAL FINDINGS:
o Not Applicable
. Exempt, Section 15330 - Existing Facilities
o No Significant Effects
o Potential Effects
STAFF RECOMMENDATION:
. Approval
o Conditions
o Denial
o Continuance to:
Page 2
REOUEST AND LOCATION
A City-initiated amendment to the General Plan under the authority of Development Code ~
19.50 to change the land use designation of two parcels of approximately .32-acres from CR-2,
Commercial Regional to CG-1, Commercial General, land use district. The project site is
located at 725 - 735 North 0 Street (Attachments A & B). The change in land use designation
would permit a diversity of community-serving retail and service commercial uses and would
not limit, restrict or reduce permitted uses over the CR-2 district. Specifically, this
amendment would allow the outpatient counseling treatment facility located at 725 - 735 North
o Street to apply for a Conditional Use Permit to operate and provide outpatient counseling
treatment programs to substance abuse patients.
Pursuant to Development Code Section 19.060.20, Table 06.01 (G) (5), an outpatient
counseling treatment facility is not a permitted use in the CR-2, Commercial Regional, land
use district. Also, based on the City's records, the outpatient treatment facility was established
without City approval.
The Mayor and Common Council directed staff to prepare an amendment to the General Plan
to allow the on-site manager at the outpatient treatment facility to apply for a Conditional Use
Permit. Per Development Code Section 19.060.20, Table 06.01 (G)(5), under CG-1land use
activity, outpatient counseling treatment facility is a permitted use subject to a Conditional Use
Permit (CUP). The facility currently has 11 employees and serves up to 300 patients in its
counseling treatment program annually.
SETTING/SITE CHARACTERISTICS
The .32-acre site is a rectangularly shaped parcel of land, developed with commercial
buildings. Surrounding the property to the north, west across "0" Street, and south are
commercial buildings and a vacant lot, respectively, in the CR-2, Commercial Regional, land
use district. To the east and adjacent to the site is a multi-family residential use in the RMH,
Residential Medium High, land use district.
BACKGROUND
The Development Review Committee (DRC) reviewed General Plan Amendment No. 02-04 on
March 21,2002, and moved it to the Planning Commission.
FINDINGS AND ANALYSIS
1. Is the proposed amendment internally consistent with the General Plan?
Yes, General Plan Policy 1.24.13 states that it is the policy of the City of San Bernardino
to:
Page 3
"Permit the development of cultural, social, educational, and other community-
serving facilities and organizations"
The change from CR-2, Commercial Regional to CG-l, Commercial General, would
enable tbe on-site manager to apply for a CUP to legally establish and operate an
outpatient counseling treatment facility. It would also allow tbe on-site manager to
apply for other necessary City licensing requirements to operate tbe treatment programs
for substance abuse patients in the surrounding community.
2. Is the proposed amendment detrimental to the public interest, health, safety,
convenience, or welfare of the City?
No, tbe proposal would allow the existing use to be consistent witb tbe CG-lland use
district. It is anticipated tbat operating and continuing tbe outpatient counseling
treatment facility will not be detrimental to public health, safety and welfare oftbe City.
This is because all counseling treatment programs are conducted within an enclosed
structure. Furthermore, any renovation or expansion work will be required to comply
witb all applicable provisions of tbe Development Code.
3. Does the proposed amendment maintain the appropriate balance of land uses
within the City?
The property is adjacent to otber commercial uses in the CR-2 land use district and is
consistent witb tbe General Plan Policy 1.24.13 as mentioned in Finding No.1. The
General Plan Amendment does not adversely impact tbe balance of land uses witbin tbe
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 otber
public services have all had tbe opportunity to review tbe proposal, and none have
indicated an inability to serve tbe project based on tbe change in land use designation.
All required utilities and public services can adequately serve the site.
CONCLUSION
The proposal meets all tbe necessary Findings of Fact for approval of General Plan
Amendment No. 02-04.
Page 4
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the Mayor and Common
Council:
Approve General Plan Amendment No. 02-04, based upon the Findings of Fact contained in
this Staff Report.
Respectfully Submitted,
rfLtN9J t:L
\j~;S Funk
Director of Development Services
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Aron Liang
Associate Planner
Attachment A
Attachment B
Location Map
Parcel Map
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: GPA 02-04
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 4/2/02
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING
GENERAL PLAN AMENDMENT NO. 02-04 TO THE GENERAL PLAN OF THE
CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE
DESIGNATIONS FROM CR-2, COMMERCIAL REGIONAL, TO CG-l,
COMMERCIAL GENERAL, FOR .32 ACRES LOCATED AT 725 - 735 NORTH D
STREET.
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. 02-04 to the General Plan of the
City of San Bernardino was considered by the Planning Commission on April 2, 2002,
after a noticed public hearing, and the Planning Commission's recommendation of approval
has been considered by the Mayor and Common Council.
(c) WHEREAS, General Plan Amendment No. 02-04 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
April 2, 2002, in order to receive public testimony and written and oral comments on
General Plan Amendment No. 02-04 (a proposal to change the General Plan Land Use
Designation from CR-2, Commercial Regional, to CG-l, Commercial Gyneral, for .32-
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acres located at 725 - 735 North D Street and fully reviewed and considered the Planning
Division staff report and the recommendation of the Environmental Review Committee.
(t) WHEREAS, the Mayor and Common Council held a noticed public hearing and
fully reviewed and considered proposed General Plan Amendment No. 02-04 and the
Planning Commission and Environmental Review Committee recommendations and
Planning Division Staff Report on June 3, 2002.
(g) WHEREAS, the adoption of General Plan Amendment No. 02-04 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. 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. Findings
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 1.24.13, by permitting the development of cultural,
social educational, and other community-serving facilities.
B.
The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City in that all counseling treatment programs
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A.
B.
are conducted within an enclosed structure. Furthermore, any renovation or
C.
expansion work 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 commercial uses in the CR-2
district and is consistent with General Plan Policy 1.24.13. 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)
D.
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 CR-2, Commercial Regional, to CG-l,
Commercial General, for .32 acres located at 725 - 735 North D Street. This
amendment is designated as General Plan Amendment No. 02-04 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. 02-04 shall become effective immediately upon
adoption of this resolution.
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SECTION 5. Map Notation
This resolution and the amendment affected by it shall be noted on such appropriate
General Plan maps 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.
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RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. 01-04 TO
THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE
GENERAL PLAN LAND USE DESIGNATIONS FROM CR-2, COMMERCIAL
REGIONAL, TO CG-l, COMMERCIAL GENERAL, FOR .32 ACRES LOCATED
AT 725 -735 NORTH D STREET.
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
, 2002, by the following vote, to wit:
Council Members
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2002.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
5
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: GPA 02-04
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 4/2/02
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): '" - .3 - o;;r Item # :L q Resolution #
Vote: Ayes J, :J. I '\ c", '7 Nays 8- Abstain e-
Change to motion to amend original documents: -
~OcJd- /59
Absent ~ 'f
Reso. # On Attachments: ~ Contract term:
-
NullNoid After:
./'
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD WICOUNTY
By: -
Date Sent to Mayor: {, -5 -() d-
Date of Mayor's Signature: LP - (p ~O?
Date of ClerklCDC Signature: {p - { 0 - 0 '7
Reso. Log Updated: V'
Seal Impressed: r/
Date MemolLetter Sent 0
60 Day Reminder Letter Sent on 30th day.
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
Attached:
Date Returned:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Perso,nnel Folders (5557):
Updated Traffic Folders (3985, 8234,655,92-389):
Yes V' No By_
Yes .I No / By_
Yes NOI By_
Yes No By_
Yes No By_
Copies Distributed to:
City Attorney j
Parks & Rec.
Code Compliance
Dev. Services -'- EDA
Finance
MIS
Police
Public Services
Water
Others:
Notes:
~-/59
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: fYK
Date: b - f) --0 ;r
Revised 01112101