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HomeMy WebLinkAbout18-Community Development CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: M. Margo Wheeler, Director Subject: A Resolution of the Mayor and Common Council of the City of San Bernardino adopting General Plan Amendment No. 10-02 to change the land use designation from Office Industrial Park to Commercial General, Commercial Office, and Residential Urban on approximately 4.5 acres on the west side of Waterman A venue, extending from Rialto Avenue to Third Street. Dept: Community Development Date: April 18, 2011 MCC Date: May 2,2011 Synopsis of Previous Council Action: None. Recommended Motion: That the hearing be closed and the Resolution be adopted. I . ~) ; I ' i .. / ,/' //1 ILl! )/ I' ,'- ,/ M. Margo Wheeler, AICP Contact person: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report & Resolution Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: Acct. Description: Finance: Council Notes: Agenda Item No. I ~ IJ5 -();;,- C)() II CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: A Resolution of the Mayor and Common Council of the City of San Bernardino adopting General Plan Amendment No. 10-02 to change the land ~se designation from Office Industrial Park to Commercial General, Commercial Office, and Residential Urban on approximately 4.5 acres on the west side of Waterman A venue, extending from Rialto A venue to Third Street. Applicant: Representative: Joe Samaan 11279 Oak Brook Ct. Alta Lorna, CA 91737 Vicky Valenzuela Thatcher Engineering & Associates 1461 Ford Street, Ste. 105 Redlands, CA 92373 Background: The applicant owns property in the subject area, and filed the General Plan Amendment application with the cooperation and written consent of 6 other property owners, covering all four blocks of property from Rialto Avenue to 3rd Street on the west side of Waterman Avenue. The applicant(s) requested that the current General Plan land use designation of Office Industrial Park (DIP) be changed to General Commercial (CG-l) to support existing and planned general commercial land uses desired by the property owners that would not be permitted in the OIP land use district. Staff expanded the application to include three additional parcels, to avoid leaving three small isolated parcels designated OIP. The resulting area is 185 feet deep, spanning approximately 1f4 mile on the west side of Waterman Avenue (Exhibit 1). Staff recommended findings for approval of GP A 10-02 for consideration by the Planning Commission, based primarily on the size, configuration and existing condition of the subject area. Use and further improvement of the existing structures in the subject area would be facilitated by the proposed CG-l land use district. The OIP district does not permit retail sales and the kinds of general commercial services that the existing buildings in the subject area were built to accommodate. A more detailed description and analysis of the proposed GP A is attached in the March 23,2011 Planning Commission Staff report (Exhibit 2). On March 23, 2011, the Planning Commission considered the proposed General Plan Amendment (GP A 10-02) and by a unanimous vote, recommended approval by the Mayor and Common Council. Commissioners Calero, Durr, Eble, Machen, Mulvihill, Rawls, and Sauerbrun voted in favor of the proposal. Commissioner Coute abstained after declaring that he owns property in the subject area. Commissioner Heasley was absent. Public Hearing Notice: Notice of the public hearing of this item was published in the San Bernardino County Sun on April 22, 2011. 2 Financial Impact: None anticipated. Recommendation: That the hearing be closed, and the Resolution be adopted. Attachments: Exhibit 1 Exhibit 2 Exhibit 3 Location Map Planning Commission Statement of Action and 3/23/11 Staff Report Resolution with land use map Attachment 3 EXHIBIT 1 - LOCATION MAP CITY OF SAN BERNARDINO PROJECT: GPA 10-02 1J MCC HEARING DATE: 5-2-11 NORTH i County I I l I . EXHmIT 2 CITY OF SAN BERNARDINO STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: General Plan Amendment No. 10-02 Owner: Multiple Owners Applicant: Joe Saroaan Description: A proposal to change the General Plan land use designation from Office Industrial Park (OIP) to Commercial General (CG-I), Commercial Office (CO), and Residential Urban (RU) on approximately 4.5 acres on the west side of Waterman Avenue, extending from Rialto Avenue to 3rd Street. ACTION: RECOMMENDED APPROVAL Meeting Date: March 23, 2011 The Planning Commission recommended approval of General Plan Amendment No. 10-02 to the Mayor and Common Council, based on the Findings of Fact contained in the StafIReport. VOTE Ayes: Nays: Abstain: Absent: Calero, Durr, Eble, Machen, Mulvihill, Rawls and Sauerbrun None Coute Heasley I hereby certifY that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of San Bernardino. /""" ..,,\ /" I/~ /' .... r~" ._,:0 \ /' /' /' ,/ I ,/ / 1/,,,,-,,,1, / h. 'I ,~~. vI '/"1 : /1" ,'" / " . /,- i - ,-' j / . . I '. j ,/ M. Margo Wheeler, Community Development Director , ') ) :...-. I c- j l/~ (' ( ( , \ Date cc: Case File, Department File PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: General Plan Amendment No. 10-02 3 March 23, 2011 1 APPLICANT: Joe Samaan 11279 Oak Brook Ct. Alta Lorna, CA 91737 909-357-9479 REPRESENTATIVE: Thatcher Engineering & Associates 1461 Ford Street, Ste. 105 Redlands, CA 92373 909-748-7777 REQUEST/LOCATION: A proposal to change the General Plan land use designation from Office Industrial Park (OIP) to Commercial General (CG-l), Commercial Office (CO), and Residential Urban (RU) on approximately 4.5 acres on the west side of Waterman Avenue, extending from Rialto Avenue to 3rd Street. CONSTRAINTS/OVERLA YS: High Liquefaction Susceptibility ENVIRONMENTAL FINDINGS: o Not Subject to CEQA o Exempt from CEQA, Section 15061 (b)(3) - No Possible Significant Impact o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation MonitoringlReporting Plan STAFF RECOMMENDATION: o Approval Recommendation to Mayor and Common Council o Conditions o Denial o Continuance to: GPA 10-02 PC Meeting Date: 3-23-11 Page 2 PROJECT DESCRIPTION The applicant, with the written approval of six other contiguous property owners, submitted General Plan Amendment (GPA) No. 10-02 under the authority of Development Code ~19.50.030 to request a change of the General Plan land use designation from Office Industrial Park (OIP) to Commercial General (CG-l) on 13 parcels totaling approximately 4 acres. The subject property is located on the west side of Waterman Avenue, extending from Rialto Avenue to 3rd Street, which makes the project site contiguous with the existing CG-l district on the north side of 3rd Street. Staff expanded the application to include 3 additional parcels, the only other OIP parcels in the area, bringing the total acreage to 4.5 acres and adding recommended land use designations of Commercial Office (CO) and Residential Urban (RU) for two of the additional parcels. SETTING AND SURROUNDING CONDITIONS LOCATION GENERAL PLAN LAND USE EXISTING LAND USE Subject Site Office Industrial Park (OIP) General Commercial Buildings & Vacant Parcels North Commercial General (CG-l) Armory and Offices South Office Industrial Park (OIP) Vacant Land East Office Industrial Park (OIP) & General Commercial Uses & Public Facility (PF) Electric Utility Station Residential Urban (RU), Single & Multi-Family West Residential High (RR) & Commercial Office (CO) Residences and Vacant Land CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) This application is exempt from CEQA under the general rule in Section 15061(b)(3) of the CEQA Guidelines that there is no foreseeable physical effect of the proposal that could cause a significant adverse impact on the environment. Implementing the proposed land use designations on the site would result in urban land uses very similar to those permitted under the existing OIP land use designation, and the subject area is so small that no significant difference in the effect on the environment can be anticipated. GPA 10-02 PC Meeting Date: 3-23-11 Page 3 BACKGROUND · December 27,2010 original application submittal. · January 2011, after an initial review of the application, staff identified 3 parcels omitted from the application that should be included in consideration of the existing alP district. · February 2011, staff completed a field review of existing land uses, expanded the GPA proposal to include 3 additional parcels and modified the application to propose appropriate land use designations for each: CG-l, CO and RU. · March 1, 2011, property owners in expanded area notified of GP A proposal. · March 3, applicant notified of scheduling for 3/23/11 PC. ANALYSIS The following table, focused on the primary GPA request for a change from alP to CG-l, illustrates that the land use intensities of the OIP and CG-l districts are very similar, in terms of development capacity and permitted uses. COMPARISON OF OIP AND CG-l LAND USE DESIGNATIONS CRITERION OFFICE INDUSTRIAL PARK (OIP) COMMERCIAL GENERAL (CG-l) Intended Uses Employee-intensive employment uses Local and region-serving retail, (GP Table LU-l) in a park-like setting, including R&D, personal services, entertainment, technology, corporate offices... light offices, related commercial uses & manufacturing & supporting retail. limited residential, subject to CUP. Floor Area Ratio 1.0 0.7 Lot Coverage 50% 50% Setbacks Front: 20 ft. Front: 10 ft. Side Street: 10ft. Side Street: 10ft. Side/Rear: 10 ft. Side/Rear: 0(10 ft. adjacent to res) Office Uses Permitted Permitted Retail Sales Permitted only as an ancillary use Permitted maximum 15% of floor area Repair Services Not permitted General repair services permitted Auto repair subject to CUP Light Permitted Not Permitted Manufacturing GPA 10-02 PC Meeting Date: 3-23-11 Page 4 What has prompted the property owners to seek a change from alP to CG-l is the fact that existing conditions in the subject area, including existing buildings, parcel sizes, configuration, and development potential, are better suited to CG-l land uses than to alP uses. The main problem for these properties is that retail sales and repair services are not permitted as primary land uses in the alP district, although the existing buildings were built for these general commercial uses prior to establishment of the alP district in 1989. The subject properties were developed over the years as a commercial "strip" less than 200 ft. in depth, along Waterman Avenue. The strip is fragmented by a dense grid of local streets from the adjacent residential neighborhood to the west, so that the subject properties comprise just over one acre, on average, at the end of four separate blocks. This configuration is not conducive to development of an office park. Existing auto repair and retail sales in the subject area operate as non-conforming uses, while vacant property and vacant buildings remain idle, due to constraints on re-use according to alP regulations. Staff expanded the GP A application to include 3 parcels that would remain as small, isolated spots of the alP district if the GPA should be approved without them. The applicant did not realize that these parcels were part of the alP district because they do not have Waterman Avenue frontage. The following table identifies the added parcels and explains the land use designation recommended by staff. APN/Location Size and Existing Use GP A Recommendation 0135-251-15 6,750 sq. ft. Commercial Office (CO), consistent with south side of 3rd St. vacant lot adiacent vacant property. 0135-251-23 6,750 sq. ft. Residential Urban (RD), consistent with north side of Bryant St. vacant lot adjacent residential land use and GP. 0135-252-22 6,750 sq. ft. CG-l, consistent with applicant's request north side of 2nd St. vacant commercial bldg. and existing on-site improvements. FINDINGS OF FACT 1. The proposed amendment is internally consistent with the General Plan. The proposed amendment is requested by the property owners to bring existing uses into conformance and permit further commercial infill development in an area that has not experienced new development under the current alP land use designation, applied in 1989. The requested CG-l land use designation will facilitate infill of general commercial uses that will improve the Waterman Avenue frontage and provide services to nearby employment centers, consistent with the following goals and policies: Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development." Policy 2.4.1: "Quality infill development shall be accorded a high priority In the commitment of City resources and available funding." GPA 10-02 PC Meeting Date: 3-23-11 Page 5 Goal 4.2: "Retain and expand the City's government/public office cluster uses." Policy 4.2.4: "Revitalize and improve downtown streetscapes to attract new users and retain existing users." 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed amendment would facilitate occupancy and continued use and improvement of existing buildings and additional infill of small vacant sites in the subject area. The properties subject to the proposed amendment are located in an urbanized area, on a major arterial corridor with a full array of services available. Therefore, no detrimental effects to the public interest, health, safety, convenience or welfare are anticipated. 3. The proposed amendment would maintain the appropriate balance of land uses within the City. The proposed amendment would not constitute a major change in land use. Although the land use designation would change from Office Industrial Park to Commercial General, both designations permit similar land use activities, including offices and varying amounts of retail sales. Existing uses occupying approximately half of the area would remain unchanged. Making a minor land use change on 4.5 acres will not alter the balance of land uses in a city of over 60 square miles. 4. The subject parcels are physically suitable (including, but not limited to access, provision of utilities, compatibility with atijoining land uses, and absence of physical constraints) for the requested land us designations and the anticipated land use development. All parcels in the original application request have direct access to Waterman A venue and all necessary utilities, with no apparent constraints to ongoing use and further development under the proposed CG-1 land use designation. The three parcels added to the GP A area are located on adjacent public streets that also have available utilities, and no constraints to development according to the recommended land use designations. CONCLUSION The existing conditions, size and configuration of the subject properties satisfy the Findings of Fact required for approval of General Plan Amendment No.1 0-02. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of General Plan Amendment No.10-02 to the Mayor and Common Council, based on the Findings of Fact contained in the Staff Report. GPA 10-02 PC Meeting Date: 3-23-11 Page 6 Respectfully Submitted, Terri Rahhal, AICP City Planner 7(}(j:2I M. Margo Wheeler, AICP Community Development Director Attachment A: Location and Aerial Maps ATTACHMENT A - LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA 10-02 iJ NORTH HEARING DATE: 3-23-11 i County ! I d AERIAL MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA 10-02 HEARING DATE: 3/23/2011 iJ NORTH o 55 116 I 232 34S 464 Ft I Copyright RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF TH CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 10-0 TO CHANGE THE LAND USE DESIGNATION FROM OFFICE INDUSTRIAL P (OIP) TO COMMERCIAL GENERAL (CG-l), COMMERCIAL OFFICE (CO), AN RESIDENTIAL URBAN (RU) ON APPROXIMATELY 4.5 ACRES ON THE WEST SID OF WATERMAN AVENUE, EXTENDING FROM RIALTO AVENUE TO THI STREET. 4 5 6 7 8 9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 0 THE CITY OF SAN BERNARDINO AS FOLLOWS: 10 SECTION 1. Recitals. 11 12 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted th General Plan for the City by Resolution No. 2005-362 on November 1,2005; and WHEREAS, Joe Samaan, an owner of property in the area subject to General PI Amendment No. 10-02, together with other owners of property in the subject area, mad application to the City to request the subject General Plan Amendment No. 10-02; and WHEREAS, on March 23,2011, the Planning Commission of the City of San Bernardin conducted a noticed public hearing to receive and consider public testimony and writte comments concerning General Plan Amendment No. 10-02, including the Planning Divisio Staff Report and recommendation; and WHEREAS, on May 2, 2011, the Mayor and Common Council of the City of S Bernardino conducted a noticed public hearing to receive and consider public testimony an written comments concerning General Plan Amendment No. 10-02, including the Plannin Division Staff Report and the recommendation of the Planning Commission; 13 14 15 16 17 18 19 20 21 22 23 24 25 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED B 26 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO A 27 FOLLOWS: 28 SECTION 2. Findings of Fact: 2 3 4 5 6 7 8 9 A. General Plan Amendment No. 10-02 is internally consistent with the Genera Plan. The applicants proposed the General Plan Amendment in order to improve the infil development potential of vacant property and remove constraints on continued use an expansion of existing general commercial buildings and uses in the subject area, caused by non conformity to the regulations of the OIP land use district. The requested CG-l land us designation will facilitate improvement of the properties fronting Waterman Avenue, and the C and RU land use designations will permit vacant parcels in the subject area to be develope consistent with adjacent properties in the CO and RU land use districts, consistent with th following General Plan goals and policies: Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino b strategic infill of new development and revitalization of existing development". Policy 2.4.1: "Quality infill development shall be accorded a high priority III commitment of City resources and available funding." Goal 4.2: "Retain and expand the City's governmental/public office cluster uses." Policy 4.2.4: "Revitalize and improve downtown streetscapes to attract new users an retain existing users." 10 11 12 13 14 15 16 17 18 19 20 21 B. General Plan Amendment No. 10-02 will not be detrimental to the public interest health, safety, convenience, or welfare. The amendment will facilitate infill development in th subject area, as well as occupancy, continued use and improvement of existing structures in th area. The properties subject to the General Plan Amendment are located on or adjacent t Waterman Avenue, a major arterial corridor. The majority of the subject area is alread developed with general commercial buildings and improvements. A full array of public service and utilities are available to serve development of the remaining vacant infill properties, or t further develop and enhance the existing commercial properties. Therefore, the General PI Amendment will serve the public interest and convenience and would not be detrimental t public health, safety or the general welfare of the City. 22 23 24 25 26 27 28 2 2 C. General Plan Amendment No. 10-02 will maintain the appropriate balance of Ian uses within the City. The existing and proposed land use designations are all urban designations compatible with existing conditions on surrounding properties, including commercial, office an urban residential land uses. Existing uses occupying approximately half of the subject area woul not be expected to change, and the General Plan Amendment will facilitate compatible intil development. The minor land use changes resulting from a General Plan land use designatio change on 4.5 acres will not alter the balance ofland uses in a City of over 60 square miles. 3 4 5 6 7 8 9 14 D. The parcels subject to General Plan Amendment No. 10-02 are physicall suitable for the requested land use designations and the anticipated land use development. Ther are no physical constraints to development of any parcels in the subject area. The existing an proposed land use designations are all urban land use designations. Changing the General PI land use designation from Office Industrial Park to Commercial General, Commercial Office an Residential Urban will not change the requirements and effects of further developmen significantly. Therefore, the subject parcels are all suitable for development under the requeste land use designations, including, but not limited to having adequate access, available utilities compatibility with surrounding land uses, and absence of physical constraints. 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 SECTION 3. California Environmental Oualitv Act: The Mayor and Common Counci finds that General Plan Amendment No. 10-02 is exempt from the California Environmenta Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, the general rul that an activity is exempt if it will not result in a direct or reasonably foreseeable indirec physical change in the environment. Implementation of the General Plan Amendment will permi urban land uses very similar to those permitted under the existing DIP land use designation, an the subject area is so small that no significant effect on the environment can be anticipated t result from further development under the new land use designations. SECTION 4. Amendment: The Land Use Map of the General Plan is hereby amende 26 pursuant to General Plan Amendment No. 10-02, to change the land use designation from Offic 27 Industrial Park (OIP) to Commercial General (CG-l), Commercial Office (CO), and Residentia 28 3 Urban (RU) in the area outlined on Exhibit A, the Location Map attached hereto an 2 incorporated herein by reference. All parcels in the subject area shall be designated CG-1, excep 3 for APN 0135-251-15, located on the south side of 3rd Street which shall be designated CO an 4 APN 0135-251-23, located on the north side of Bryant Street, which shall be designated RU. 5 6 SECTION 5. Effective Date: This resolution shall become effective upon its adoptio 7 and execution. 8 III 9 III 10 11 III 12 III I3 III 14 15 III 16 III 17 III 18 19 20 21 22 23 24 25 26 27 28 4 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CIT OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 10-02 T CHANGE THE LAND USE DESIGNATION FROM OFFICE INDUSTRIAL P (OIP) TO COMMERCIAL GENERAL (CG-l), COMMERCIAL OFFICE (CO), AN RESIDENTIAL URBAN (RU) ON APPROXIMATELY 4.5 ACRES ON THE WEST SID OF WATERMAN AVENUE, EXTENDING FROM RIALTO AVENUE TO THI STREET. 3 4 5 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, held 8 on the day of 9 Council Members: 10 MARQUEZ 11 VACANT 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 ,2011, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT Rachel Clark, City Clerk 20 The foregoing resolution is hereby approved this day of , 2011. 21 22 Patrick J. Morris, Mayor City of San Bernardino 23 24 Approved as to form: 25 26 JAMES F. PENMAN, City Attorney 27 28 5 EXHIBIT A - LOCATION MAP CITY OF SAN BERNARDINO PROJECT: GPA 10-02 iJ NORTH \ t ~ ---."!"'-.....--- I li~UD_JUR IDm:- lOriJ lDL~JOC=uU~L~~U~J :on -nc-:r-J -1-1 r _.~.~ II ", [ 1 L_"_ -, - ,. , ~ " 'I . .'