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HomeMy WebLinkAbout31-Development Services " , '. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION O""t">, 1', 'L .;. i"~",\od Subject: General Plan Amendment No. 01-02 - To change the land use designation from RMH, Residential Medium High to CG-1, Commercial General for 5.28-acres. The project site is located on the east side of Sterling Avenue approximately 1,000 feet south of Highland Avenue. From: James Funk, Director Dept: Development Services Date: November 6, 2001 MCC Date: December 17, 2001 Synopsis of Previous Council Action: None Recommended Motion: That the public hearing be closed, and that the resolution be adopted. '(JiJAWf/, 'RI#- i~ Jf James unk Contact person: In.. R..II::mrli Phnn..' '\1\4_"""7 Supporting data attached: Staff Report. Resolution Ward' 7 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) Finance: Council Notes: '2e:o*' 2(\10\-(1,. & Agenda Item No. 3/ J~JJ1 JDI , . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: General Plan Amendment No. 01-02 Mayor and Common Council Meeting of December 17, 2001 OWNER: APPLICANT: Michael P. Sheppard 1545 Via Leon Palos Verdes Estates CA 90274 (310) 540-9249 Paul Mobley United Strategies, Inc. 1905 Business Center Drive San Bernardino, CA 92408 (909) 890-0675 REQUEST The applicant requests a change in the land use designation of 5.28 acres from RMH, Residential Medium High to CG-1, Commercial General. The project site is located on the east side of Sterling Avenue, approximately 1,000 feet south of Highland Avenue. The site is immediately adjacent to the commercial center that fronts on Highland Avenue and the existing apartments to the east and south. A detailed analysis of the project is contained in the Planning Commission Staff report (Exhibit 1). The applicant believes that there are more retail opportunities than residential due to the proximity of Highland Avenue. BACKGROUND At its meeting of June 19, 2001, the Planning Commission recommended that the Mayor and Common Council approve General Plan Amendment No. 01-02, based on the Findings of Fact. Commissioner's Derry, Durr, Enciso, Garcia, Sauerbrun, and Thrasher voted in favor of the motion. Commissioners Lockett, Ramirez, and Welch were absent. FINANCIAL IMPACT None. The applicant submitted an application and paid the $1,500.00 processing fee. .'. RECOMMENDATION Staff recommends that the Mayor and Common Council approve General Plan Amendment No. 01-02 based upon the Findings of Fact contained in the Planning Commission Staff Report. EXHIBITS 1. Location Map 2. Planning Commission Staff Report 3. Resolution Exhibit 1 CITY OF SAN BERNARDINO PROJECT: GPA No. 01-02; PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 12/17/01 1J NORTH . '=== . ~ ... 1:JlD(NT PI. . ST i ~ ... c ~ ~ > . I r--" II Exhibit 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: General Plan Amendment No. 01-02 4 June 19, 2001 7 OWNER: APPLICANT: Michael P. Sheppard 1545 Via Leon Palos Verdes Estates CA 90274 (310) 540-9249 Paul Mobley United Strategies, Inc. 1905 Business Center Drive San Bernardino, CA 92408 (909) 890-0675 REQUEST/LOCATION: The applicant requests approval of a General Plan Amendment to change the land use designation of approximately 5.28 acres from RMH, Residential Medium High to CG-l, Commercial General. The location for the proposed amendment is on the east-side of Sterling Avenue approximately 1,000 feet south of Highland A venue. CONSTRAlNTS/OVERLA YS: 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: (' oral Plan Amendment No. 0/-02 Meeting Date: June /9, 200/ Page 2 REOUEST 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 approximately 5.28-acres from RMH, Residential Medium High to CG-l, Commercial General. The project is located on the east side of Sterling A venue approximately 1,000 feet south of Highland A venue in the RMH, Residential Medium High land use district (Attachment A & B). SETTING/SITE CHARACTERISTICS The 5.2S-acre site is a vacant rectangularly shaped parcel of land. To the north and adjacent to the site is a shopping center in the CG-l, Commercial General land use district. To the south and east is multi-family residential in the RMH, Residential Medium High land use district. To the west is single-family residential in an unincorporated portion of the County. BACKGROUND The Development Review Committee (DRC) reviewed General Plan Amendment No. 01-02 on May 3, 2001, and cleared it to the Planning Commission. FINDINGS AND ANALYSIS 1. Is the proposed amendment internally consistent with the General Plan? Yes, the proposed use is consistent with General Plan Policy 1.19, in that it; Provides for the continued use of retail commercial uses along major transportation corridors and intersections, reinforcing commercial centers to serve the needs of the residences. Sterling Avenue is a major corridor, and the Commercial General designation is appropriate to achieve the General Plan objective discussed above. 2. Is the proposed amendment detrimental to the public interest, health, safety, convenience, or welfare of the City? The proposal would allow lhe property to be developed for relail, personal service, entertainment, offices, and related commercial uses. Any development proposed would be required to meet all applicable provisions of the Development Code, and would be operated in conformance with all applicable City and State requirements, as such, it would not pose any threat to the public health, safety and welfare of the cilizens of San Bernardino. r "al Plan Amendment No. 01-02 Meeting Date: June 19, 2001 Page 3 3. Does the proposed amendment maintain the appropriate balance of land uses within the City? The property is adjacent to other commercial uses. 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 all had the opportunity to review the proposal, and none have indicated an inability to serve the project for commercial uses. The site meets the minimum requirements of the Development Code in regards to lot size, access, and circulation for the CG-lland use designation. All future development that would be permitted on site must also conform to all Development Code standards. CONCLUSION The proposal meets all the necessary Findings of Fact for approval of General Plan Amendment No. 01-02. RECOMMENDATION Staff recommends the Planning Commission recommend that the Mayor and Common Council: Approve General Plan Amendment No. 01-02, based upon the Findings of Fact contained in this Staff Report. Respectfully Submitted, ~t~ James Funk Director of Development Services ~ Qlandi Senior Planner Attachment A Attachment B Location Map Site Plan ,- \- ~(Q)l?'\7 \ 1 2 3 4 RESOLUTION NO. 5 6 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 01-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATIONS FROM RMH, RESIDENTIAL MEDIUM HIGH, TO CG-l, COMMERCIAL GENERAL, FOR 5.28 ACRES LOCATED ON THE EAST SIDE OF STERLING AVENUE APPROXIMATELY 1,000 FEET SOUTH OF HIGHLAND AVENUE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 9 10 11 12 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. 01-02 to the General Plan of the City of 13 San Bernardino was considered by the Planning Commission on June 19, 2001, after a noticed r \...... 14 public hearing, and the Planning Commission's recommendation of approval has been 15 considered .by the Mayor and Common Council. 17 18 19 20 21 22 23 24 25 26 r 27 \.... 28 16 (c) WHEREAS, General Plan Amendment No. 01-02 was found to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 In-fill development, 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 June 19, 2001 in order to receive public testimony and written and oral comments on General Plan Amendment No. 01-02 (a proposal to change the General Plan Land Use Designation from RMH, Residential Medium High, to CG-I, Commercial General, for 5.28 acres located on the I ~- 1 '- 2 3 4 5 6 7 8 9 10 east side of Sterling Avenue approximately 1,000 feet south of Highland Avenue) and fully reviewed and considered the Planning Division staff report and the recommendation of the Environmental Review Committee. (f) WHEREAS, the Mayor and Common Council held a noticed public hearing and fully reviewed and considered proposed General Plan Amendment No. 01-02 and the Planning Commission and Environmental Review Committee recommendations and Planning Division Staff Report on December 17, 200 I. (g) WHEREAS, the adoption of General Plan Amendment No. 01-01 is deemed in the interest of the orderly development of the City and is consistent with the goals, objectives and 11 12 policies of the existing General Plan. 13 14 15 Mayor and Common Council that the proposed amendment to the General Plan of the City of 16 17 r-- '- SECTION 2. Exemotion NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the San Bernardino will have no significant effect on the environment, and the exemption 18 heretofore prepared by the Environmental Review Committee as to the effect of this proposed 19 amendment is hereby ratified, affirmed and adopted. 20 21 22 Bernardino that: 23 24 A. 25 26 27 28 c SECTION 3. Findings BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San The proposed amendment is internally consistent with the General Plan in that it meets General Plan Policy 1.19, by providing for the continued use of retail commercial uses along major transportation corridors and intersections, and reinforcing commercial centers to serve the needs of the residences. 2 ,- '- c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. c. A. Sterling Avenue is a major corridor, and the Commercial General designation is appropriate to achieve the General Plan objective discussed above. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that any development proposed for the site in the future will be required to meet the extensive development standards that are in place to buffer nearby sensilive uses and that enable commercial projects to blend with adjacent neighborhoods. The proposed amendment would not impact the balance of land uses within the City in that the addition of commercial designated land will provide additional opportunities for economic development that have been lost during the recession of the last several years. D. 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 the amendment area is bounded by developed, dedicated streets, and existing infrastructure suitable for urban development. 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 RMH, Residential Medium High, to CG-l, Commercial General, for 5.28 acres located on the east side of Sterling Avenue approximately 1,000 feet south of Highland Avenue. This amendment is designated as General Plan Amendment No. 01-02 and its location is outlined on the map entitled 3 ,,- 1 RESOLUTION. . . ADOPTING GENERAL PLAN AMENDMENT NO. 01-02 TO '--' THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE 2 GENERAL PLAN LAND USE DESIGNATIONS FROM RMH, RESIDENTIAL 3 MEDIUM mGH, TO CG-l, COMMERCIAL GENERAL, FOR 5.28 ACRES LOCATED ON THE EAST SIDE OF STERLING AVENUE APPROXIMATELY 1,000 FEET 4 SOUTH OF mGHLAND AVENUE. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a 7 8 meeting thereof, held on the day of , 2001, by the following vote, to wit: 9 Council Members 10 ESTRADA 11 LIEN 12 MCGINNIS 13 AYES NAYS ABSTAIN ABSENT c SCHNETZ 14 15 SUAREZ 16 ANDERSON 17 MC CAMMACK 18 19 20 21 City Clerk The foregoing resolution is hereby approved this day of 22 2001. 23 JUDITH V ALLES, Mayor City of San Bernardino c 24 Approved as to form 25 and legal content: 26 27 JAMES F. PENMAN City Attorney 28 Btr 'd~ 5 ATTACHMENT A CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS PROJECT: GPA No. 01-02 u HEARING DATE: 12/17/01 NORTH _General Plan Amendment No. 01-02 to change RMH, Residential Medium High to CG-1, Commercial General " 0 T ",- ff ~ _r 'E_ o T , ... :! .. s I II 6:. ."-" '- r- '- r '- ATTACHMENT B Lots I and 2, Block 3, West Highlands, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 5 Page 77 of Maps, in the Office of the County Recorder of said County and that portion of Walnut Street 41.25 feet wide adjoining said land on the South as vacated by order ofthe Board of Supervisors of San Bernardino County, a certified copy of which was recorded September 8, 1933, in Book 911 Page 2 Official Records of said County. EXCEPTING THEREFROM the North 659 feet of said Lots I and 2 as measured along the Westerly line of said Lot 1 and also excepting therefrom the West 8.75 feet of said Lot I. APN: 0285-751-31 ,~ ,-- c r '- ~ A IT ACHMENT B Par. West Highlands, M.B. 5/77 Son Serntirdino Cify Tar Rate Area 7000,7004 -.J : l ---~}- @ " .1 AVfJa "4f:-- HIGHLAND , .. "fIll 'v" - - @ fN r- ..- - I - - -- , , <9 Au., 'v' 1-,' b ~ l @) @ I' ~ ... ... - ..., , @ ....... ~ , 8 U,OOC '.II'" ~ @ .r;'_ ""'AI< 2 . - ""AI< ~ ....~ L""" @ ~6,'tl 3 @ ,oue. AI< "" ".Ci!'1 . U'AC . 8 4.e l. @) ; Ar.AJr.5 'D"" ..... j ~ @.. N~U @ 3 ..:; @) @ 15 Ar........5 AI<.....4 "'."'.2 AI:Rr.3 ... 1.11 Ie. "0""( 7 IJ ., , , ,. -.. '; .. " U~ , , @J --~ I 5/11 I@Y Pot. Lof I 15..1C. PoT. lot 2 ~ 4.I&'AC I l I _~L.."..,,_..L __1M'__ ___ r--~---- I @ ~ .e: ., ~ 3 !!! ~ ::> 1" , ~. ~ ~ _ Mop 1<0./38/9, PM. /6//60,6/ -., Mop No 10'83, PM. 124/26.27 Assessor's Mop 800It 285, Poge 75 Son Sernardino County 285-75 r _mS'1D 10/7/11 M Z. J'Ii litf 31."'" If. '''/SIlO CC ,.,.a .tr. '0 M" ,,:t -'- .'., (. A-,-, " ( . . /;).... ;,.- - L--)' '" ? _ i ,J,.. . c:_. CITY CLERK'S OFFICE RACHEL G. CLARK, CM.C. - CITY CLERK P.O. Box 1318. San Bernardino. CA 92402 300 North "0" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan-bernardino.ca.us '" December 18, 2001 Paul Mobley United Strategies, Inc. 1905 Business Center Drive San Bernardino, CA 92408 Dear Mr. Mobley: At the meeting of the Mayor and Common Council held on December 17, 2001, the following action was taken relative to General Plan Amendment No. 01-02, to change the land use designation from RMI-I. Residential Medium High, to CG-I, Commercial General, for 5.28 acres located on the east side of Sterling Avenue approximately 1,000 feet south of Highland Avenue: The hearing was closed; and Resolution No. 2001-378, adopting General Plan Amendment No. 01-02 was adopted. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, ,9_. J ,.( /J c~F,,-k )#\.~,A~ . RACHEL G. CLARK, CMC City Clerk RC:lh cc: Development Services Michael P. Sheppard,l545 Via Leon, Palos Verdes Estates, CA 90274 CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty ** FOR OFFICE USE ONL Y - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 12 -n -~ \ Item # 3 \ Vote: Ayes 'I ?,-~ Nays --e. Change to motion to amend original documents: Resolution # . .?CO \ -:.3lI. _...._~ Abstain ~ Absent -.2....'1...__ . Reso. # On Attachments: / Contract tenn: - Note on Resolution of Attachment stored separately:-::::-~ Direct City Clerk to (circle I): PUBLISH. POST. RECORD W!COlJNTY Date Sent to Mayor: 12. I ~ -0 I Date of Mayor's Signature: 12-\ '1 "0 \ Date ofClerk/CDC Signature: 12--1 q-Q, \ Date ature: See Attached: See Altac e . See Attached: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45lh day: 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 Personnel Folders (5557): Updated Traffic Folders (3985. 8234.655,92-389): Copies Distributed to: City Altorney ,/ Parks & Rec. Code Compliance Dev. Services ,/' Police Public Services Water Notes: NullNoid After:",,::=- By: ..... _.. .. Reso. Log Updated ,,/ Seal Impressed: ___v' _ Date Returned: - Yes / No By Yes NoL By Yes No ,/ By Yes NO-7 By Yes No By_ EDA Finance MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Conlracl Term. elc.) Ready to File: 1Y\1" Date: ~ Revised 01112/01