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HomeMy WebLinkAbout33-Community Development ORIGINAL 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 approving Dept: Community Development General Plan Amendment No. 10-01 to change the land use designation from Commercial Heavy to Date: May 16, 2011 Industrial Heavy on 6.26 acres on the north side of Foothill Boulevard and 5th Street, adjacent to the future extension of State Street. MCC Date: June 6, 2011 Synopsis of Previous Council Action: None. Recommended Motion: That the hearing be closed and that General Plan Amendment 10-01 be denied based on the findings of fact in the Planning Commission staff report. Note: The Planning Commission recommended approval. M. Margo Wheeler, AICP Contact person: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report&Resolution Ward: 6 FUNDING REQUIREMENTS: Amount: N/A Source: Acct. Description: Finance: r Council Notes: Agenda Item No. 0(0—4Co�o l I 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. 10-01 to change the land use designation from Commercial Heavy to Industrial Heavy on 6.26 acres on the north side of Foothill Boulevard and 5th Street, adjacent to the future extension of State Street. Applicant: Representative: Property Owners: Ricardo Vallejo John Morissey, MGR Real Estate Ron Willemsen 2701 E. Anaheim Street 1425 W. Foothill Blvd. Ste. 300 909-590-3488 Wilmington, CA 90744 Upland, CA 91786 Manuel Flores Family Trust Background: The subject site is located on the north side of the curve where 5th Street merges with Foothill Boulevard, including one parcel with a Foothill Boulevard address and one on 5th Street. The future southerly extension of State Street from Baseline Street to Foothill Boulevard will cross the western edge of the site(Attachment 1). The applicant, who owns Apple Auto Dismantling at 1941 W. 4th Street, intends to purchase the two parcels comprising the project site to establish an auto dismantling facility. Auto dismantling is not permitted under the current Commercial Heavy (CH) land use designation of the site. Therefore, the applicant filed General Plan Amendment (GPA) 10-01 concurrently with Conditional Use Permit (CUP) 10-18 to change the land use designation to Industrial Heavy (IH) and establish an auto dismantling facility on the westerly 4.88 acres of the site. Staff recommended moving the GPA proposal forward for consideration before the applicant invests in environmental studies required for the dismantling land use plan of the CUP. Prior to scheduling the item for Planning Commission review, the applicant obtained authorization to include the adjacent property in the GPA proposal, so that the entire 6.26-acre area designated CH is now included in the requested change to IH. Staff recommended against the proposed GPA, noting that IH is the most intensive land use designation in the City, and that lands designated IH are usually located adjacent to rail lines and in areas that are not prominent in the public view. Existing IH properties in the vicinity of the subject site are located on the south side of 40h Street, adjacent to the rail yards. Staff recommends maintaining the existing CH designation on the north side of Foothill Boulevard to maintain the integrity of the existing CH and IH land use districts. The subject site will be prominently visible from the extension of State Street, a major north-south arterial connection between I-10 and 1-210. The applicant is proposing a self-service dismantling facility that would resemble a parking lot. However, the GPA proposal should be evaluated assuming that any of the uses permitted in the IH district could be established on the subject site. A more detailed analysis of the proposed GPA is attached in the April 27, 2011 Planning Commission Staff report (Attachment 2). 2 t The Planning Commission considered the proposed General Plan Amendment (GPA 10-01) on April 27, 2011. The applicant presented a report highlighting the benefits of the proposed auto dismantling project, although the project itself is not part of this application. The applicant contends that the environmental constraints on the property(primarily the earthquake fault zone) limit its potential for development of intensive industrial uses, and therefore, approval of the change to IH will not make many alternative land uses feasible. (Attachment 3). The Planning Commission concurred with the applicant and noted that the isolation of the site by surrounding flood control facilities provide an adequate buffer to make the intended auto dismantling use or other potential industrial uses compatible with surrounding land uses. The Planning Commission voted unanimously to recommend approval of GPA 10-01, with Commissioners Calero, Coute, Eble, Heasley, Machen, Mulvihill, Rawls and Sauerbrun voting in favor of the proposal. Commissioner Durr was absent. Public Hearing Notice: Notice of the public hearing of this item was published in the San Bernardino County Sun on May 27, 2011. Financial Impact: None anticipated. Recommendation: Staff Recommends that the hearing be closed and that General Plan Amendment 10-01 be denied based on the findings of fact in the Planning Commission staff report. The Planning Commission Recommended approval, as explained in the staff report, and on the Statement of Action in Attachment 2. Therefore, a Resolution approving GPA 10-01 is provided with this staff report, and an alternative motion would be to close the public hearing and adopt the Resolution approving General Plan Amendment 10-01. Attachments: Attachment 1 Location Map and Aerial View Attachment 2 Planning Commission Statement of Action and 4/27/11 Staff Report Attachment 3 Applicant's presentation to the Planning Commission Resolution for approval of GPA 10-01 3 ATTACHMENT 1 CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA No. 10-01 LOCATION MAP NORTH HEARING DATE: 6/6/2011 tY; .-... r_ r l? k 0 z Z'' l - Q W;. T U;:. 6TH J 4 Q� 'i w R a o LU TH SITE CH il -JCH _ L B LV[? A&C ST a.. HD CG-1` Q IH IL = z Copyright Q N, ATTACHMENT 1 F F SAN BERNARDINO ING DIVISION CT: GPA No. 10-01 L MAP NORTH NG DATE: 6/6/2011 ,�,�.[- '� r rice'. A�\ �� :� [ • Y.i►�,rrz; e , � .�� � -..�' yam.f. �.. •-. iy4\ " `} �' ' ► a K'ti Y Tk SITE ff r ,• -r - + L }ate ' Nc ���a ' t t*It tS .�•r yyn. 'rf� ri is i ` y r� 1 r y rtQ. j. J. T mm- a� ATTACHMENT 2 CITY OF SAN BERNARDINO NeEO'�� STATEMENT OF PLANNING COMMISSION ACTION PROJECT Number: General Plan Amendment No. 10-01 Owner: Ron Willemsen, Manuel Flores Family Trust Applicant: Ricardo Vallejo Description: A request to change the General Plan land use designation from Commercial Heavy (CH) to Industrial Heavy (IH) on 6.26 acres on the north side of Foothill Boulevard/5`h Street, adjacent to the future extension of State Street. ACTION: RECOMMENDED APPROVAL Meeting Date: April 27, 2011 The Planning Commission recommended approval of General Plan Amendment No. 10-01 to the Mayor and Common Council, based on findings that because the site is located adjacent to an existing Industrial Heavy land use district and is partially surrounded by flood control district properties, Industrial Heavy land uses would be compatible with the uses of surrounding properties and would be appropriate for the subject site. Therefore, the Planning Commission found that the proposed amendment (1) would be internally consistent with the General Plan; (2) would not be detrimental to the public interest, health, safety, convenience or welfare; (3) would maintain the appropriate balance of land uses within the City; and (4) the subject site is physically suitable for the requested land use designation. VOTE Ayes: Calero, Durr, Eble, Heasley, Machen, Mulvihill, Rawls and Sauerbrun Nays: None Abstain: None Absent: Durr I hereby certify that this Statement of Action accurately reflects the action of the Planning Commission of the City of San Bernardino. The matter will be referred to the Mayor and Common Council for final action on June 6, 2011. / � M. Margo Wheeler, AICP Date Community Development Director cc: Case File, Department File PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: General Plan Amendment No. 10-01 AGENDA ITEM: 3 HEARING DATE: April 27, 2011 WARD: 6 APPLICANT: OWNER: Ricardo Vallejo Ron Willemsen 2701 E. Anaheim Street 11258 Wingate Drive Wilmington, CA 90744 Rancho Cucamonga, CA 91701 562-436-0874 909-590-3488 REQUEST/LOCATION: A request to change the General Plan land use designation from Commercial Heavy (CH) to Industrial Heavy (IH) on 6.26 acres on the north side of Foothill Boulevard/5th Street,adjacent to the future extension of State Street. CONSTRAINTS/OVERLAYS: Earthquake Fault Zone Potential Subsidence Area Moderately High Liquefaction Susceptibility San Bernardino Kangaroo Rat Habitat ENVIRONMENTAL FINDINGS: a Subject to CEQA. Further analysis required. ❑ No Significant Effects ❑ Exempt from CEQA, Section ❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: ❑ Approval Recommendation to Mayor and Common Council 0 Denial Recommendation to Mayor and Common Council ❑ Continuance to: GPA 10-01 PC Meeting Date:4-27-11 Page 2 PROJECT DESCRIPTION The subject site is 6.26 acres in area, located on the north side of Foothill Boulevard where it becomes 5th Street, in the Commercial Heavy (CH) land use district (Attachment A). The extension of State Street will cross the west side of the site (Attachment B). The applicant intends to acquire the site to establish an auto dismantling yard, which would not be permitted in the CH district. General Plan Amendment (GPA) 10-01 was submitted to propose changing the land use designation from Commercial Heavy(CH)to Industrial Heavy(IH). The applicant submitted Conditional Use Permit (CUP) No. 10-18, a proposal to establish an automobile dismantling facility, concurrently with the GPA application. The current request is for the Planning Commission recommendation on the GPA only. The applicant would like to have the feedback and recommendation of the Planning Commission before investing in environmental studies for the site development proposal. SETTING AND SURROUNDING CONDITIONS The subject site is immediately surrounded to the north, east and west by Flood Control District property. The greater area north of Foothill Boulevard is characterized by open space and a sand and gravel mining operation. Another open space use, Nunez Park, is located southeast of the site, between 4th and 5th Streets, and there is a single family neighborhood northeast of the site. The only adjacent IHxroperty is the rail yard on the south side of 4th Street, which extends west to the merger with 5 Street and Foothill Boulevard. The applicant owns a small dismantling yard on the south side of 0 Street,which is visible in the aerial photo (Attachment A). LOCATION GENERAL PLAN LAND USE EXISTING LAND USE Subject Site Commercial Heavy (CH) Vacant North Industrial Extraction(IE) Flood Control/Vacant South Commercial Heavy (CH) Nunez Park & Industrial Heavy(IH) &Rail Yard East Industrial Extraction(IE) Flood Control/Vacant & Commercial Heavy(CH) &Nunez Park West Public Flood Control (PFC) Flood Control/Vacant GPA 10-01 PC Meeting Date:4-27-11 Page 3 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The General Plan Amendment proposal and the companion Conditional Use Permit application are subject to CEQA review as a project. Further review and technical analysis would be required to recommend a CEQA determination for the project. Denial of the GPA or the CUP would be exempt from CEQA under Section 15270. BACKGROUND • December 15, 2010 — Original application submitted for the westerly 5 acres of the site, concurrent with CUP 10-18, a proposal to establish an auto dismantling facility. • February 3, 2011 — D/ERC reviewed the proposal. The applicant was informed that staff would not recommend approval of the GPA, and that various environmental and technical studies would be required to move forward with the project. The applicant chose to bring the GPA proposal to the Planning Commission, to get feedback on the feasibility of the project before investing in further studies. • February 2011 — The applicant approached the adjacent property owner about being included in the GPA proposal. • March 10, 2011 —The applicant obtained authorization from the adjacent property owner to expand the site to its current 6.26 acres. • March 17, 2011 — Staff verified the notification radius for the expanded site, reported status of habitat surveys and geotechnical investigations for State Street to the applicant, and scheduled GPA 10-01 for the April Planning Commission meeting. ANALYSIS The current land use designation of the site, Commercial Heavy, is intended to accommodate commercial uses that require substantial space for storage or operations. The CH district is defined in Chapter 19.06 of the Development Code (Commercial Uses). Because many light industrial uses are permitted in the CH district, permitted uses and development standards of the CH district are also listed in Chapter 19.08 (Industrial Uses). As described in Section 19.06.010(2)(P) of the Development Code, typical uses permitted in the CH district include plant nurseries and lumber yards. The requested Industrial Heavy(IH)land use designation is described in Section 19.08.010(2)(B) of the Development Code as "...intended to provide for the continuation and development of heavy manufacturing industries in locations where they will be compatible with and not adversely impact adjacent land uses." The following table compares the development standards and permitted uses in the CH and IH land use districts. Most uses permitted in the CH district are also permitted in IH. The table highlights the uses permitted with a CUP in the IH district that are not permitted in the CH. GPA 10-01 PC Meeting Date:4-27-11 Page 4 COMPARISON OF "CH" AND "IH" LAND USE DESIGNATIONS CRITERION COMMERCIAL HEAVY(CH) INDUSTRIAL HEAVY(IM Intended Uses Large scale, region-serving retail and Variety of intense industrial activities (GP Table LU-1) service uses and limited commercial that could potentially generate and industrial uses, characterized by significant impacts, such as excessive extensive use of outdoor or indoor noise, dust and other nuisances, such space for sales, service and/or storage. as rail yards&multi-modal transportation centers. Floor Area Ratio 0.70 0.75 Lot Coverage 75%max. 75%max. Setbacks Front: 10 ft. Front: 10 ft. Side Street: 10 ft. Side Street: 10 ft. Side/Rear: 0 ft. Side/Rear: 10 ft. Structure Height 45 ft. max. No Height Limit Dismantling/ Not Permitted Permitted subject to CUP Wrecking Yards Truck Stops Not permitted Permitted subject to CUP Concrete Batch Not Permitted Permitted subject to CUP Plants The IH is the most intensive land use district in the City. It is usually located in areas that are isolated from sensitive land uses and not prominent in the public view. The site is somewhat isolated, but is not far from the neighborhood north of 5th Street(Attachment A). The State Street extension project will complete a major north-south arterial connection between I-10, south of the City and I-210 in the north (Attachment B). The subject site will be prominently visible from State Street. Whatever may happen with the applicant's current proposal of a dismantling facility, the GPA application must be evaluated assuming that any of the uses permitted in the IH district could be established on the subject site. GPA 10-01 PC Meeting Date:4-27-11 Page 5 FINDINGS OF FACT 1. The proposed amendment is not internally consistent with the General Plan. The proposed amendment requests a new Industrial Heavy (IH) land use designation for the subject 6-acre site. The proposed land use change would permit more intensive and unsightly development on a currently vacant project site that will be seen clearly from the new State Street extension. The amendment would extend and existing IH district that is currently contained strictly to the area south of 4th Street. Expansion of that district to the north, onto the subject site, is not required for orderly development of the City, as noted in the following General Plan policies: Policy 2.2.7: "Control the development of industrial and similar uses that use, store, produce or transport toxics,air emissions, and other pollutants." Policy 2.3.7: "Improvements shall be made to transportation corridors that promote physical connectivity and reflect consistently high aesthetic values." Policy 2.2.10: "The protection of the quality of life shall take precedence during the review of new projects. Accordingly,the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public." 2. The proposed amendment may be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed amendment would permit more intensive industrial uses on the site, which is affected by yet undefined geotechnical and soils constraints, and possibly important habitat. The proposed amendment would increase the range of potential development options for the site. Development of the site will require further study to determine potential effects on the public interest, health, safety, convenience or welfare. 3. The proposed amendment would not maintain the appropriate balance of land uses within the City. The proposed amendment of the land use designation for 6.5 acres would not constitute a major change in land use in the City. However, existing land uses and land use designations in the subject area maintain all Industrial Heavy (IH) lands south of 0 Street. The existing land use designations are in balance, and there is no need or purpose upsetting that balance by expanding the IH district to the north side of Foothill Boulevard. 4. The subject parcels may not be 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 us designations and the anticipated land use development. GPA 10-01 PC Meeting Date:4-27-11 Page 6 The subject property has numerous constraints to development, including a potential earthquake fault, a moderate to high potential for ground subsidence and liquefaction. The current Commercial Heavy designation permits a variety of open-air uses that do not require extensive site development. The proposed General Plan amendment would allow more intensive land uses on the subject site, which may not be compatible with physical constraints affecting the site. Therefore, the subject parcels may not be physically suitable for the requested Industrial Heavy land use designation. CONCLUSION The existing condition of the site and surrounding properties do not warrant intensifying the permitted uses of the site, or expanding the IH district from the south side of 40' Street to the north side of Foothill Boulevard. Therefore, staff does not recommend Findings of Fact required for approval of GPA 10-01. RECOMMENDATION Staff recommends that the Planning Commission recommend denial of General Plan Amendment No.10-01 to the Mayor and Common Council, based on the Findings of Fact contained in the Staff Report. As an alternative, the Planning Commission may continue the item and direct staff to complete the review of CUP 10-18 to bring both applications forward for concurrent consideration. Respectfully Submitted, Terri Rahhal, AICP City Planner Approved for Distributio M. Margo Wheeler, AICP Community Development Director Attachment A: Location and Aerial Maps Attachment B: State Street Extension Alignment ATTACHMENT A CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA No. 10-01 LOCATION MAP NORTH HEARING DATE: 4/27/2011 VICTORIA ,_. ......,. C1 a. LL r LLI F—T---' 61H J <'— Q z U RS ❑ w TH SITE . CH BLI/p �H,d W a' I I Yr Copyright a, L. k ATTACHMENT B is 1:1WI4 0269-let-Ot Qz■�lu-m I:Amour i.� 181-01 i Baseline O3 289-231-18 awn Q 269-u1-04 R-=4V mr o.area t-uw `-m 269-231-18 t ®`'` ani ■1 ».®, �®ant OI■FSr_u ©139-361-10 ..°.i O7 139_961.12 Ninth--4 9 2e9-261-0e �0 269-2x1-06 ;0. v � -� - 1©269-281-02 wk— ze9-zal-as Seventh--+ M-28�. [ ` r 2%-251-01 -251 ©M-zee m p 2e9-281-08 a� �f sl Site p f ■ .,. o,. , ©2669-291-09 Foothill---+ ®142-081-06 \ 142-191-40 -- \ Aw».-. 142-161-41 0142-081-07 Ft+*4iii A 142-101-39 C ffy OF r-"Q[M o FRMILaR[OD NO PROPOSED STATE STREET DEVELOPMENT SERVICES FROM 4th ST TO 16th ST PUBLIC WORKS DIVISION PHASES 1 , 2, 3, & 4 ATTACHMENT 3 Rs as CNO GPA NO . 1 Oo-oO 1 M•P is for Illu9ra>ae P�pases OM4 Area beautification-jobs-Sales Tax Revenue 2010 W. Foothill Blvd. Applicant: Ricardo Vallejo Property owners: Ron Willemsen, Manuel Flores Current zoning is CH Commercial Heavy Proposed Zoning is IH Industrial Heavy La AM S►` ,. c1 The proposed General Plan Amendment fits in with the surrounding commu- nity which consists of industrial extractive mining operations to the North, flood control channels to the East & West, Railroad and other Industrial Heavy uses to the south. ia . f f ' 1 Our proposed usage for this site is a pick a part type of operation modeled after the below pictured pick a part found on Beach Blvd. in Anaheim. The proposed use for this site fits the current CH zoning in every way except that dismantling is not allowed. Dismantling even by the public requires IH zoning. Wff i k 3 4 r Y i This type of operation will enhance the streetscape for Foothill Blvd. and State St. when it comes through. As a business it will beautify Foothill Blvd., bring local jobs and generate a sub- stantial amount of sales tax revenue. Summary: The property is in an escrow which is contingent upon approval of this change to the General Plan allowing the buyers proposed Pick A Part type operation. One reservation put forth by Planning is that a zone change would possibly allow uses that are not desired by the City of San Bernardino. It should be noted that this property has numerous constraints that would restrict most development, including earthquake faults, moderate to high potential for subsidence and liquefaction.Any land use application would require a CUP which would protect the streetscape from any unsightly development. This zone change would also benefit the city by elimi- nating the potential for Adult Entertainment usage allowed under current zoning but not allowed under the proposed zoning. The current owner of the property was approved for recycling of concrete, asphalt, and green waste. This is about as harsh a usage as could ever be allowed under ei- ther zone designation. The current site is well insulated from any neighbors that might be affected by noise, dust, and other nuisances that might be allowed in a Heavy Industrial zone. Our proposed usage will not produce any of the above. The proposed zone change to IH is conducive to the surrounding properties and practical given the limitations to development by the geological nature of the site. Our proposed site will become the nicest development site along Foothill Blvd. for miles in either direction. It will be the nicest development along State st coming out of the flood control canal with all of its mining operations. We ask you to support this GPA change as it is in the best interest of the City of San Bernardino to do so. i i i 1 RESOLUTION NO. i 2 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 10-01 4 TO CHANGE THE LAND USE DESIGNATION FROM COMMERCIAL HEAVY (CH) 5 TO INDUSTRIAL HEAVY (IH) ON 6.2 ACRES ON THE NORTH SIDE OF FOOTHIL BOULEVARD AND 5TH STREET, ADJACENT TO THE FUTURE EXTENSION O 6 STATE STREET. 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL O 9 THE CITY OF SAN BERNARDINO AS FOLLOWS: 10 SECTION 1. Recitals. 11 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the 12 General Plan for the City by Resolution No. 2005-362 on November 1, 2005; and 13 WHEREAS, Ricardo Vallejo, potential buyer of the property that is the subject o 14 General Plan Amendment No. 10-01, with the consent of the owners of said property, mad 15 application to the City to request the subject General Plan Amendment No. 10-01; and 16 WHEREAS, on April 27, 2011, the Planning Commission of the City of San Bernardino 17 conducted a noticed public hearing to receive and consider public testimony and written 18 comments concerning General Plan Amendment No. 10-01, including the Planning Division 19 Staff Report and recommendation; and 20 WHEREAS, on June 6, 2011, the Mayor and Common Council of the City of San 21 Bernardino conducted a noticed public hearing to receive and consider public testimony an 22 written comments concerning General Plan Amendment No. 10-01, including the Planning 23 Division Staff Report and the recommendation of the Planning Commission; 24 25 NOW, THEREFORE, BE IT RFcnl VF" FnITNn AND ]DETERMINED B 26 THE MAYOR AND COMMON COUNCI )-� BERNARDINO A 27 FOLLOWS: ORIGINAL 28 �Q �L A\ SECTION 2. Findings of Fact: A. General Plan Amendment No. 10-01 is internally consistent with the Genera 2 Plan. The applicant has proposed the General Plan Amendment in order to improve the 3 development potential of the subject area, which is constrained by an earthquake fault zone. The 4 requested Industrial Heavy land use designation will facilitate the applicant's intended use of the 5 site for automobile dismantling, subject to approval of a Conditional Use Permit. The propose 6 General Plan Amendment will expand the available options for use of the subject area, consistent 7 with the following General Plan goal and policy: 8 Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by 9 strategic infill of new development and revitalization of existing development". 10 Policy 2.4.1: "Quality infill development shall be accorded a high priority in the 11 commitment of City resources and available funding." 12 B. General Plan Amendment No. 10-01 will not be detrimental to the public interest 13 health, safety, convenience, or welfare. The amendment will facilitate development of the subject 14 area by adding use options not currently permitted. The buffering of the site by flood control 15 improvements and open space limits potential impacts of land uses in the subject area on 16 surrounding properties. A full array of public services and utilities are available to sere 17 development of the subject area. Therefore, the General Plan Amendment will serve the public 18 interest and convenience and would not be detrimental to public health, safety or the genera 19 welfare of the City. 20 C. General Plan Amendment No. 10-01 will maintain the appropriate balance of land 21 uses within the City. The existing and proposed land use designations are both urban 22 designations permitting outdoor commercial and heavy industrial land uses that should be 23 buffered from sensitive land uses to maintain balance and compatibility. Existing condition 24 surrounding the subject area, including flood control facilities, provide such a buffer. The minor 25 land use change resulting from the proposed General Plan land use designation change on 6.2 26 acres will not alter the balance of land uses in a City of over 60 square miles. Therefore, the 27 appropriate balance of land uses will be maintained. 28 2 D. The parcels subject to General Plan Amendment No. 10-01 are physically 1 suitable for the requested land use designation and the anticipated land use development 2 Development of the subject area is constrained by an earthquake fault zone. The existing C 3 land use designation permits many open outdoor land uses that do not require extensive 4 construction. The requested IH designation permits many uses similar to those permitted in the 5 CH land use district. Changing the General Plan land use designation from Commercial Heavy to 6 Industrial Heavy will not change the development potential of the site significantly. New 7 development under the existing or the proposed land use designation would require project - 8 specific review and evaluation, including an analysis of seismic hazards. Therefore, the subject 9 parcels are physically suitable for development under the requested land use designation. 10 SECTION 3. California Environmental Quality Act: The Mayor and Common Council 11 finds that General Plan Amendment No. 10-01 is exempt from the California Environmental 12 Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, the general rule 13 that an activity is exempt if it will not result in a direct or reasonably foreseeable indirect 14 physical change in the environment. Implementation of the General Plan Amendment will permit 15 urban land uses similar to those permitted under the existing CH land use designation, and the 16 subject area is so small that no significant effect on the environment can be anticipated to result 17 from changing the land use designation to IH. Development projects in the area would be subject to project-specific evaluation under CEQA. 18 19 SECTION 4. Amendment: The Land Use Map of the General Plan is hereby amended 20 pursuant to General Plan Amendment No. 10-01, to change the land use designation from 21 Commercial Heavy (CH)to Industrial Heavy (IH) in the area outlined on Exhibit A,the Location 22 Map attached hereto and incorporated herein by reference. All parcels in the subject 6.26-acre 23 area shall be designated Industrial Heavy(IH). 24 SECTION 5. Effective Date: This resolution shall become effective upon its adoption 2s and execution. 26 27 28 3 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CIT 2 OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 10-01 T 3 CHANGE THE LAND USE DESIGNATION FROM COMMERCIAL HEAVY (CH) T INDUSTRIAL HEAVY(IH) ON 6.26 ACRES ON THE NORTH SIDE OF FOOTHIL 4 BOULEVARD AND 5T STREET, ADJACENT TO THE FUTURE EXTENSION O STATE STREET. 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 , 2011, by the following vote,to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 VACANT 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 Rachel Clark, City Clerk 20 The foregoing resolution is hereby approved this day of , 2011. 21 22 Patrick J. Morris, Mayor 23 City of San Bernardino 24 Approved as to form: 25 26 JAMES F. PENMAN, City Attorney 27 28 B . 4 EXHIBIT A CITY OF SAN BERNARDINO RESOLUTION OF APPROVAL OF 11r GPA No. 10-01 NORTH CHANGE FROM CH TO IH ON 6.26 AC tiICTORIA Z 0 lli t� Z ��_ .. v 2 Ltd 6TH J z U R8 Li 5TH ST SITE q7 CH HLV� CH 4TH ST IH IH `. lL Copyright ix