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06.A- Community Development
RESOLUTION (ID # 1420) DOC ID: 1420 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION 'j Public Hearing From: Margo Wheeler M/CC Meeting Date: 12/19/2011 Prepared by: Aron Liang, (909) 384-5057 Dept: Community Development Ward(s): 1 Subject: A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment No. 09-02 to Change the Land Use Designation from Residential Suburban to Commercial General on Approximately One Acre and Approving Conditional Use Permit No. 09-09 to Establish a Neighborhood Grocery Store at 1111 West 9Th Street. Financial Impact: Increased property tax and sales tax of an undetermined amount to accrue to the City. Mayor to open the hearing... Motion: Close hearing and adopt Resolution. ® Synopsis of Previous Council Action: None. Background: OWNER/APPLICANT: REPRESENTATIVE: Saysol Properties C. Kofi Allen C/O: Tulsi Savani Engineering Resources Center 2606 Blaze Trail 17906 Corrine Way Diamond Bar, CA 91765 Riverside, CA 92504 On November 16, 2011, the Planning Commission recommended that the Mayor and Common Council approve General Plan Amendment No. 09-02 and Conditional Use Permit No. 09-09, to change the General Plan land use designation of one acre from Residential Suburban (RS) to Commercial General (CG-1), and to establish a neighborhood grocery store in an existing building located at 1111 West 9t' Street (Location Map-Attachment 1). The applicant requests that the Mayor and Common Council approve General Plan Amendment No. 09-02 and Conditional Use Permit No. 09-09 as recommended by the Planning Commission at their meeting of November 16, 2011. The Planning Commission voted unanimously in favor of the proposed amendment and the proposed project. Commissioners Eble, Heasley, Jimenez, Lopez, Machen, Mulvihill, and Rawls voted in support of the motion and Commissioners Conte ! Updated: 12/15/2011 by James F.Penman Packet Pg. 66 a 1420 and Durr were absent. The applicant is the owner/operator of Bestway Supermarket and manages 10 locations throughout Los Angeles and Orange Counties. Bestway Supermarket has been in business for over 20 years. The existing structure is an abandoned commercial bakery and the project site is located in the Inland Valley Redevelopment Project Area. The proposed project would provide a new neighborhood grocery store that would improve the existing commercial property with a compatible land use that would be consistent with the General Plan and Development Code. The proposed business contemplates hiring approximately 20 full-time employees, with operating hours from 7:00 a.m. to 10:00 p.m., seven days per week. Additionally, the Planning Commission requested that staff inquire about the applicant's performance records in other cities. After contacting 10 other cities, staff found 2 locations with minor code violations in the past relating to unpermitted banners. Presently, staff found no violations related to the applicant's businesses. ATTACHMENTS: 1. Location Map. 2. Planning Commission Statement of Action and Staff Report Dated November 16, 2011 3. Draft Planning Commission Minutes November 16,2011 Resolution City Attorney Review: Approved as to Form Suoyortina Documents: Attachment 1 - Location Map(PDF) Statement of Action&PC Report (PDF) Draft Planning Commission Minutes 11.16.11 (PDF) Resolution (PDF) Exhibit A (PDF) Reso to 1420 (PDF) Updated: 12/15/2011 by James F.Penman 6.A.a ATTACHMENT 1 CITY OF SAN BERNARD/NO PLANNING DIVISION PROJECT: GPA 09-02 & CUP 09-09 LOCATION MAP NORTH HEARING DATE: 1211912011 0 cn T $ � � r r r 976 O ^ O 912 c 4 F D 0 °a ' o_ o Q o 964 981 0 r ���:: u 06 0 9 o c T 99148 0 TEMPLE 9 956 1011 9 PF 939 940 3 35 1070 932 7 932 M O o a 0 T 916 O ? N O n ,d .Oj N O M N r p O D 0 O O O O O V a E CL R G p -- — . N IUNION 8$3 8$4 A M e, r n o r n '3 ICi Y O O N 875 876 I _`4 PROJECT SITE " r m N E 861 868 D m 872 859 860 �A 860 815 N 815 846 847 855 856 r V E 839 834 839 840 L 841 84b S $47 840 N 833 0 A 333 834 839 840 T 839 832 lJ 819 828 V 827 828 S c A 819 822 E 821 822 T 833 832 E 831 830 L E V N T�fNm o rt $24 E Ero � � mro � � U _ E � w T E r r T O O 1070 r r r :> is :5: 2"6 i5d R •• 8TH ST n Mr l(54'i c• r. c n .1 r - M 0 r o c to ca n n a i = ^ - 0 0 0 0 I Packet Pg. 68 • zvxYe...,.: .. u, ..4.W.4vw.`H:a W.ws3A Y3: 1r.».n. ..u- Wd2 u' w'•.•. ...w.:: 3ui..iMJ2lRSi"- •.•.: Js%z-r.W,..::. 6.A.b CITY OF SAN BERNARDINO OSTATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: General Plan Amendment No. 09-02 & Conditional Use Permit No. 09-09 0 Owner: Saysol Properties y d Applicant: Tulsi Savani 0 M Description: A request to change the land use designation of approximately 1 acre from 9 RS, Residential Suburban to CG-1, Commercial General and a proposal to a establish a neighborhood grocery store on approximately I acre located at D the southwest comer of 9`h and"L" Streets, at 1111 West 91h Street. N 0 ACTION: RECOMMENDED APPROVAL o a a Meeting Date: November 16,2011 0 r- .2 The Planning Commission recommended that the Mayor and Common Council approve General Plan Amendment No. 09-02 and Conditional Use Permit No. 09-09 based on the Findings of Fact contained in the staff report and subject to the Conditions of Approval (Attachment Q. 0 N VOTE Ayes: Durr, Eble, Heasley,Jimenez, Lopez, Machen, Mulvihill and Rawls c Nays: None QL Abstain: None U Absent: Coute n. c 0 Y I hereby certify that this Statement of Official Action accurately reflects the action of the a Planning Commission of the City of San Bernardino. The matter will be referred to the Mayor `o and Common Council for final action on December 19, 2011. 5 E d m Yet i rn M. Margo Wheeler. AICP Date E Community Development Director @ cc: Case File, Department File Packet Pg.69 6.A.b PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION m CASE: General Plan Amendment No. 09-02 &Conditional Use Permit No. 09-09 ° in AGENDAITEM: 2 HEARING DATE: November 16,2011 0 WARD: I OWNERIAPPLICANT: REPRESENTATIVE: C? Saysol Properties,LLC C. Kofi Allen a C/O: Tulsi Savani Engineering Resources Center D 2606 Blaze Trail 17906 Corrine Way 0e Diamond Bar,CA 91765 Riverside,CA 92504 0 o� 0 REQUEST/LOCATION: A request to change the land use designation of approximately one acre from RS, Residential o Suburban to CG-1, Commercial General and a proposal for a Conditional Use Permit to establish a neighborhood grocery store in an existing 12,536 square foot building located at the southwest comer of 9s' and"L" Streets, at 1111 West 9's Street. ° 0 N APN: 0139-243-13 r CONSTRAINTS/OVERLAYS: d re None a 06 ENVIRONMENTAL FINDINGS: o U Q ❑ Not Applicable 0 Exempt from CEQA Section 15301 —Existing Facilities ° r • No Significant Effects d • Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan v A in STAFF RECOMMENDATION: v E 0 Approval 0 Conditions ❑ Denial a ❑ Continuance to: PacketPg. 70 GPA 09-02&CUP No. 09-09 PC Hearing Date: 11.16.11 Page 2 PROJECT DESCRIPTION The applicant requests approval of a General Plan Amendment under the authority of Development Code Section 19.50 to change the land use designation of one parcel of approximately one acre, from RS, Residential Suburban to CG-1, Commercial General land use district and a Conditional Use Permit under the authority of Development Code Section o 19.06.020,Table 06.01 to establish a 12,563 sq.ft. grocery store. The project site is located at the rn southwest corner of 01 and"L" Streets, at l 111 West 9's Street(Attachment A). U O The applicant proposes to rehabilitate an existing bakery building that was constructed in 1953 to convert into a neighborhood grocery store. Site improvements would include: o m 0 • Tenant improvements and a trash enclosure • Demolish a storage shed to improve on-site circulation and parking. • Provide additional landscaping on site. N • Refurbish and restripe parking surface. o • Rehabilitate and paint building exterior. a • Upgrade HVAC to current building codes. 0 • Remove a roll-up door and replace with an entrance. o • Install windows,columns, awnings and other architectural features. 3 0 N The store layout is typical, with dry goods stocked on shelves surrounded by the deli/prepared { / food counter, frozen foods, dairy cases and fresh produce. The checkout will be located near the o ` entrance. In addition to the display and sales area, storage space, a break room, office and restrooms will also be provided. The proposed grocery store would employ approximately 20 people,and would be open seven days a week from 7:00 a.m. to 10:00 p.m. o CL d SETTING/SITE CHARACTERISTICS U a The project site is currently occupied by an existing 12,563 sq.ft. warehouse bakery building c constructed in 1953. U Q LOCATION LAND USE GENERAL PLAN o Site Warehouse bakery building RS,Residential Suburban North Single family structure RS,Residential Suburban E South Single family structure RS,Residential Suburban w East Single family structure RS,Residential Suburban West Single family structure RS,Residential Suburban d E BACKGROUND • November 17, 1953 -permits issued to establish Interstate Bakeries. Q • February 8, 1960-permits issued to establish Weber Bakery. • January 11, 1985 -permits issued to establish Millbrook Bakery. • September 6,2006-permits issued to establish Best Bakery Mart. • March 12, 2007 — permits issued to establish Barrera Mexican Bakery, which closed on February 28, 2008. • May 4,2008—Savol Properties LLC acquired the subject property. Packet Pg. 71 GPA 09-02&CUP No.09-09 PC Hearing Date: 11.16.11 Page 3 • May 27,2009-GPA No. 09-02 and CUP No. 09-09 was submitted. • August 6, 2009 - Development/Environmental Review Committee (D/ERC) reviewed GPA No. 09-02 and CUP No.09-09 and continued for revisions. • February 2,2010- Applicant submitted revised plans. • February 25,2010- D/ERC reviewed revised project plans and moved the item to Planning Commission. o • March 5, 2010 - the applicant revised the project description to add a Type 20 rn ABC license proposal. • GPA No. 09-02 and CUP No. 09-09 held in abeyance pending completion of o "ABC Deemed Approved Ordinance". • September 7, 2010 - the Mayor and Common Council approved "ABC Deemed o Approved Ordinance." • September 26,2011 -the applicant requested to proceed with GPA No. 09-02 and D CUP No. 09-09 without a Type 20 ABC license. ,e • October 18, 2011 -the applicant requested to postpone GPA No. 09-02 and CUP o No. 09-09 to the next Planning Commission Hearing on November 16,2011. o a CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEOA) 0 The proposed project is exempt from CEQA under Section 15301, as a minor alteration to an 2 existing facility. O ANALYSIS N v The applicant is the ownerloperator of Bestway Supermarket and manages 10 locations = throughout Los Angeles and Orange Counties. The stores are run as family-owned neighborhood o CL businesses. The proposed store would be the l la'location. U The project site would be located in the CG-1, Commercial General land use district, which n. permits a neighborhood grocery store subject to approval of a Conditional Use Permit. The proposed project would rehabilitate an existing vacant building, and establish a neighborhood °- grocery store that would benefit the surrounding residential area. The proposed grocery market a would be operated during regular business hours from 7:00 a.m. to 10:00 p.m., seven days per o week. Deliveries would typically occur at off peak hours of the evening or early morning. E Additional landscaping would be added along the southerly, northerly and easterly property boundaries to provide a buffer for abutting residential properties to the north, south, east and west. Access to the site and on-site circulation would be greatly improved with the proposed on and off-site improvements. The proposed plans provide needed loading and parking and E pedestrian access required to serve the site. The following site design analysis illustrates compatibility of the project within the center. " Parking & Loading: Section 19.24.040 of the Development Code requires one space for each 250 sq. ft. of gross floor area for the project. A minimum of 50 parking spaces is required and the subject site exceeds that standard with 52 stalls. One 15'x19' loading zone will be provided for the proposed store. Packet Pg. 72 6 A aF GPA 09-02&CUP No. 09-09 PC Nearing Date: 11.16.11 Page 4 Landscapine: The conceptual landscape plan provide 15% (4,579 sq.ft.) coverage of on-site landscaping as well as 1 tree per 4 parking spaces (22 trees) to comply with Development Code Chapter 19.28, Landscaping Standards, and Section 19.24.060(6)(B). Architecture: the proposed building improvements feature prominent architectural treatments and other variations in the fapade, including window treatments, columns and awnings, and c 0 complementary finishes. y v Refuse Storage/Disposal A trash receptacle will be constructed to accommodate the proposed grocery store in compliance 0 with Development Code Section 19.20.020 (20). c o+ Additionally, Development Code Section 19.62.020 (8) provides for re-use of existing/non- confirming buildings, including and not limited to: U N • The parking lot landscaping shall be a minimum of 15%. 9 • Existing, required parking spaces shall not be removed to provide additional ° landscaping. a • A non-conforming structure may be reoccupied without complying with the c building dimensional requirements pertaining to height, setbacks and/or lot 0 coverage. 0 d The project conforms to all Development Code requirements,as shown in Table A. ° N TABLE A—DEVELOPMENT CODE AND GENERAL PLAN CONSISTENCY C CATEGORY PROPOSAL/EXISTING DEVELOPMENT CODE GENERAL PLAN 0 CL (Proposed CG-1 U a. Permitted Use Grocery Store Permitted Subject to Consistent CUP c v Height 26 ft. / 1 story 30 ft./2 stories max. n/a ¢ `0 Setbacks -Front 0 ft. min.(*) 10 ft. min. n/a E - Side 0 ft. min. (*) 10 ft. min. 1 - Street Side 73 ft. min. 10 ft. min. rn -Rear 67 ft. min. 10 ft. min. d E r Lot Coverage 32% 50% max. n/a Landscaping 15 %(4,579 sq. ft.) 15 % n/a 22 trees 22 trees Parking 52 stalls 50 stalls n/a (*) Legal non-confomning structure constructed in 1953. Packet Pg.73 GPA 09-02&CUP No.09-09 PC Hearing Dare: 11.16.11 Page 5 FINDINGS OF FACT-GENERAL PLAN AMENDMENT 1. The proposed amendment is internally consistent with the General Plan. The proposed amendment requests a new General Commercial (CG-1) land use designation for the subject one acre site. The CG-1 district is intended to provide for the continued use, ° enhancement, and new development of retail, personal service, entertainment, office and related m commercial uses along major transportation corridors and intersections to service the needs of the residents. The change in land use designation would permit re-use of an existing commercial o building to provide commercial goods and services to the surrounding neighborhood. 0 0 The proposed project would provide a new neighborhood grocery store that would improve the o existing commercial property with an attractive, safe land use that would be consistent with the following General Plan goals and policies: of N Policy 2.5.6 requires new development be"designed to complement and not devalue the physical o characteristics of the surrounding environment, including consideration of the site's natural a topography and vegetation and surrounding exemplary architectural design style." a. c Goal 5.7 encourages the development of"attractive and safe commercial, office,and commercial 4 projects that are creatively designed..." _ 0 N ° 2. The proposed amendment will not be detrimental to the public interest, health, safety, z convenience, or welfare of the City. ri The proposed amendment does not cause changes that would be detrimental to the public V interest, health, safety, convenience, or welfare of the City. The amendment from RS to CG-1 a for one acre would facilitate the development of a neighborhood grocery store on a commercial W property in need of rehabilitation. a 3. The proposed amendment will maintain the appropriate balance of land uses within the City. c U The proposed land use designation of CG-1 district would affect one acre of land, which is 4 currently designated RS. The proposed amendment maintains an appropriate balance of land uses ° by providing for re-use of an existing commercial property. The proposed amendment will not change the balance of land uses in the City. ° m rn 4. The subject parcel is physically suitable (including, but not limited to, access, provision of 1 utilities, compatibility with adjoining land uses, and absence of physical constraints)for the E requested land use designation and anticipated land use development. A The proposed one acre site is physically suitable for commercial development and would enhance the immediate surrounding residential areas with commercial development opportunity that will provide the necessary daily commercial goods and services required by the residents in the immediate area. The proposed amendment area is bounded by developed, dedicated streets and existing infrastructure suitable for commercial development. All required utilities and public services could adequately serve the site. Packet Pg. 74 GPA 09-02&CUP No.09-09 PC Hearing Date:11.16.11 Page 6 FINDINGS OF FACT—CONDITIONAL USE PERMIT 1. The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject land use district and complies with all of the applicable provisions of this Development Code. `o Pursuant to Development Code Section 19.06.030 (2) (P), neighbor grocery stores are permitted (n in the CG-1, Commercial General land use district, subject to approval of a Conditional Use Permit. The project complies with all applicable provisions of the Development Code, as o illustrated in the staff report. Therefore,the proposal would not impair the integrity and character cD of the subject land use district. o m 0 2. The proposed use is consistent with the General Plan. U The proposed neighborhood grocery store is consistent with a number of General Plan policies N and objectives. The Land Use Element (Table LU-2) lists the intended uses for the CG-1 land use district, and permits a variety of local and regional serving retail, office, and related commercial uses. There are many retail uses similar to the proposed use in the vicinity of the project site. General Plan Goal 2.2 states: "Promote development that integrates with and minimizes impacts on surrounding land uses." Furthermore, Goal 4.5 states: "Identify and attract 4 new employment types/land uses that complement the existing employment clusters and foster o long-term economic growth." The proposed project will improve the project site and provide retail trade opportunities for local residents and the surrounding community. The project has been designed and conditioned to ensure compatibility with the adjacent businesses and to minimize noise and traffic safety concerns, consistent with the goals and policies of the General Plan. o CL 3. Approval of a Conditional Use Permit for the proposed use is in compliance with the W requirements of the California Environmental Quality Act and Section 19.20.030(6) of the a Development Code. 0 0 The proposed project is exempt from CEQA requirements per Section 15301 for minor a alterations to existing facilities. The site is an existing commercial lot developed in 1953. No environmental impacts are anticipated from the proposed modification to the existing ° G commercial improvements on the project site. E d 4. There will be no potentially significant negative impacts upon environmental quality and 2 m natural resources that could not be properly mitigated and monitored. C d The proposed project will not have any significant negative impacts upon environmental quality E or natural resources. The project site is an existing commercial structure and surrounded by m urban development. No significant negative impacts on the environment are anticipated to result from re-use of the existing commercial project site. Packet Pg. 75 GPA 09-02&CUP No. 09-09 PC Hearing Date:71.16.17 Page 7 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. 0 The location and operating characteristics of the proposed project will be consistent with all in provisions of the Development Code, as illustrated in Table A. The proposed use will be compatible with the existing and future commercial land uses within the surrounding area. The $ proposal will not create conditions that may be objectionable or detrimental to other permitted 0 uses in the vicinity because the proposal will be consistent with the CG-1 district, intended for o general commercial land uses. Establishing a neighborhood grocery store would provide a convenient neighborhood grocery store for the surrounding residential area. Moreover the project will provide proper levels of exterior lighting, adequate landscaping and parking improvements, U with improved on-site circulation to enhance the project site. Therefore, no land use conflict or N adverse effects on public health, safety or welfare are anticipated to result from establishment of o a neighborhood grocery store at the subject site. ° a a 6. The subject site is physically suitable for the type and density/intensity of use being proposed. 0 The site is physically suitable for the type and density/intensity of the project being proposed as o evidenced by project compliance with all applicable Development Code Standards as noted in Table "A". There are no physical constraints on the site that would limit establishment of the W motorcycle dealership as proposed. ° N 7 7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. 0 There is an existing retail commercial facility on the project site, already served by a full range a of public services and utilities. Establishment of the proposed project subject to Conditions of us Approval will not be detrimental to public services or public health and safety. o V Q CONCLUSION 0 The project proposal satisfies all Findings of Fact for approval of General Plan Amendment No. m 09-02 and Conditional Use Permit No.09-09. E m is RECOMMENDATION c 0 Staff recommends that the Planning Commission recommend that the Mayor and Common s Council approve General Plan Amendment No. 09-02 and Conditional Use Permit No. 09-09 based upon the Findings of Fact contained in this staff report and subject to the Conditions of a Approval(Attachment Q. Packet Pg. 76 GPA 09-02&CUP No. 09-09 PC Hearing Date: 11.16.11 Page 8 Respectfully Submitted, A"Planner d S o m Approved for Distribution: m M. Margo Wheeler, AICP a Community Development Director L) oe N Attachment A Location Map ° Attachment B Site Plan, Floor Plan, Elevations and Conceptual Landscape Plan o Attachment C Conditions of Approval IIL c 0 0 N d O N 7 O O. d U a c 0 V Q O C d E d A fn r 0 d E L V R r r Q Packet Pg. 77 6.A.b ATTACHMENT A — ZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA 09-02 &6 CUP 09-09 LOCATION MAP NORTH 0 HEARING DATE: 10/26/2011 cn z d U O F r L1 IF 948 � co °a c 0 ar p 987 0 955 g5g TEMPlEIG4I a 0 939 0 ^ - n ° r m 940 0 r 932 935 1070 ° ° ' 932 M 927 T 916 N a NN E9TH ST CL R 895 8% O 895 r r M w r a N 1UNION 883 884 A 883 0 ^ ° c c O N 875 876 875 r PROJECT SITE o N E 861 868 D 0 r 872 a 859 860 S 859 o A 851 852 O 851 863 864 863 860 V 845 0 N 845 846 847 856 855 856 E 839 834 839 840 L $41 848 S 847 840 N N 833 0 A 833 834 839 640 T 839 832 V 819 828 V 827 828 S R 831 830 E A 819 822 E 821 822 T 833 832 E U E V N 824 E O N o .", -UEo 0 812 T E* � r = rr - r Tr x1070 - - - 8TH ST G ab Q 216 776 761 R co W Ll Packet Pg. 78 CITY OF • PROJECT:PLANNING DIVISION . LOCATION MAP HEARING DATE: 10/26/2011 IL . ri JC Ile t i 1 •1 � 41� �- -sue...... � • .,.� � �! a6.A.b ATTACHMENT B t O I N j i 0 it i 0 I O C7 9 O 0Y O a I ii L) [4 uw w t U 1 0� O Q o d u 0 i z O 3 O W 0 lY O C14 r 0 O a 0 i33ais Hl- 3$ �E ad c alx IR 1Y IV 1414 1Y 1fi1441: 191A IA Ic IA IA I Q C It dw — 1 � v �. — E z YIIy < 1 A ar m i g o U 3o 1 �p Packet Pg.80 _ 3mw 3iwnia aim 6.A.b d a gg ($ YO d U O 1 s p °a ( I II o I 11 ¢ < N II G IIO Q 6 CL o O I N II N I I � O I a 3 d I c II o U ' a r r II � as W C I � W O U Q a II n m O n I E 0 Z c N s cN < C I e U I c r ' n Q I � °e II C 1 I 1 � b Packet Pg. 81 i__—"__".._Ai 6 a35n 6.A.b € 0 s pps e �e U o Jim ygygyg a g g � agg s =i kill q xtls ! s R $8� §IV g3gg tl5 a RBpp P a polo k tss y Z 11,1111 1 50 J-1111 1 11 $ o LL � w � a N a v � I � Z p a c J y J I 133a1S Hll C � a _ of z o OV U 1s Is to Is 12 4 is i 4 i R I R 1% Ix i R O I i r C E w x E r p t R o B �g s 0 j u : [ I r �I✓ Packet Pg. 82 ATTACHMENT C CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 09-09 d 1. All development shall be in substantial conformance to submitted plans date V) stamped November 3,2011. T d U 2. Within two years of development approval, commencement of construction shall o have occurred or the permitlapproval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one ° m year, then the permit/approval shall become null and void. However, approval of °a this application does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction ca activities included in the Conditions of Approval. o o, 0 Expiration Date: 2 years from approval date of General Plan Amendment a a. C7 3. The review authority may, upon application being filed 30 days prior to the o expiration date and for good cause, grant a one-time extension not to exceed 12 3 months. The review authority shall ensure that the project complies with all N current Development Code provisions. 0 4. In the event this approval is legally challenged, the City will promptly notify the N v applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify r 0 and hold harmless the City of San Bernardino (City),the Economic Development d Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as a predecessors, successors, assigns, agents, directors, elected officials, officers, 06 employees, representatives and attorneys of either the City or EDA from any 4 claim, action or proceeding against any of the foregoing persons or entities. The a applicant further agrees to reimburse the City of any costs and attorneys' fees o which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this E d condition. A rn The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as"attorneys fees" for the purpose of this condition. L V As part of the consideration for issuing this permit, this condition shall remain in =° effect if this Conditional Use Permit is rescinded or revoked, whether or not at the a request of applicant. 5. Modification to the plan(s) shall be subject to the applicable provisions of the Development Code Chapter 19.60, Minor Modifications. Packet Pg. 83 Conditions ojApproval CUP 09-09 Hearing date: 11/16111 6. This permit shall be subject to all the applicable provisions of the Development Code in Chapter 19.20, Property Development Standards, and shall comply with requirements of other permitting and regulatory agencies. 7. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by walls or structural elements,blending `o with the building design,or screened by landscaping if placed on the ground. w 8. Any public telephones shall be located inside the building and shall be fixed for o outgoing calls only. m 0 9. The applicant shall be responsible for regular maintenance of the project site. o Vandalism, graffiti,trash and other debris shall be removed and cleaned up within 24 hours. U N 10. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) shall include all Conditions of Approval issued with this approval,printed on the plans. a. c 11. Any security gates/bars, doors,window bars shall be installed on the inside of the 4 structure only. Video surveillance equipment installed/used on the exterior shall o be painted to match the structure, or treated to blend with the architecture. v 12. All exterior lighting shall be energy efficient with the potential to lower or reduce N usage when the business is closed and shall be shielded to confine lighting within the site. t 0 CL 13. An On-site Improvement Plan and On-Site Improvement Permit is required for this project. The on-site plan shall conform to all requirements of Municipal EL Code Section 15.04-167. Qe c 14. A trash enclosure that conforms to city standards shall be required. The enclosure 2 shall conform to all requirements of the Development Code 19.20.030. a `0 15. A Landscaping and Irrigation plan and permit is required for this project. The landscaping and irrigation plan shall conform to submitted conceptual landscape E plan date stamped November 3,2011. d m 16. An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect E pursuant to Development Code Section 19.28.080. A 17. The curb return ramp existing at the corner of 9s' & L Streets shall be a reconstructed to comply with current ADA standards. Dedicate sufficient right- of-way at the comer to accommodate the ramp. 18. An off-site improvement plan and permit are required for this project. The off-site improvement plan shall be prepared by a registered civil engineer. Packet Pg. 84 F776—A.b..: Conditions of Approval CUP 09-09 Hearing date: 11/16111 19. The existing drive approaches on 9`h Street are not a part of the site plan and will need to be removed and replaced with curb, gutter and sidewalk. The drive approaches on L Street shall be reconstructed to comply with city standards for commercial driveways. 20. The pavement on L Street shall be patched and slurry sealed along project c frontage to centerline. y 21. No final Certificate of Occupancy shall be issued until all conditions of approval c have been completed. m 0 m End of Conditions of Approval - °a L) V 06 N 0 W O Q a c 0 0 N d tY O N R 0 O a w tY U a 06 c 0 U Q 0 O C d E d N N c d E M v m Packet,Qg.85 F HA r p+ John Couie,Chair Larry Heasley, Vice-Chair Jim Mulvihill CITY OF SAN BERNARDINO r Lance Durr COMMUNITY DEVELOPMENT DEPARTMENT ` vo Andrew Machen Amelia S.Lopez 300 North "D"Street, San Bernardino, California 92418 James Eble Phone:(909)384-505715071 • Far:(909)384-5080 George Rawls p Dan C.Jimenez in Z.' rli PLANNING COMMISSION MINUTES o *DRAFT REGULAR MEETING NOVEMBER 16, 2011 oa GENERAL PLAN AMENDMENT NO.09-02 & CONDITIONAL USE PERMIT NO.09-09 N O CONDITIONAL USE PERMIT MODIFICATION NO. 11-02 (CUP 06-33) o DEVELOPMENT CODE AMENDMENT NO. I1-10 c 0 0 N d O N O r r r N a) 7 C C O .y N E E 0 U r c r c m a x 0 0 c m E s p R Q Page 1 of 5 11/16/2011 Packet Pg. 86 6.A.c Vice-Chair Heasley called the meeting to order at 6:00 p.m. Commissioner Mulvihill led the flag salute. Present: Commissioners Durr, Eble, Heasley, Jimenez, Lopez, Machen, Mulvihill and Rawls. d Excused: Coute. Staff present: M. Margo Wheeler, Community Development Director; Henry Em eno Jr. Senior Deputy City Attorne • Terri Rahhal City Planner; Mario Suarez, Contract N P _ eP tY tY Y, tY � Principal Planner; Aron Liang, Senior Planner; Lori Farris, Assistant Planner and Casey Dailey, Assistant to the Mayor. ADMINISTRATION OF OATH ° 0 Aron Liang administered the oath. U CONSENT AGENDA: 06 N O Terri Rahhal, City Planner, recommended the meeting minutes of October 26, 2011 for o approval. a t7 Commissioner Jimenez made a motion to approve the minutes. Commissioner Eble seconded o the motion. 3 0 N The motion carried by the following vote: Ayes: Durr, Eble, Heasley, Jimenez, Lopez, Machen, Mulvihill and Rawls.Nays:None. Abstain: None. Absent: Coute. o N V PUBLIC COMMENTS-ITEMS NOT ON AGENDA 77. No comments. PUBLIC HEARINGS N d 2. GENERAL PLAN AMENDMENT NO. 09-02 & CONDITIONAL USE PERMIT NO. 09-09—A request to change the land use designation of approximately I acre from RS,Residential Suburban to CG-1, Commercial General and a proposal to establish a o neighborhood grocery store at 1111 West 9`s Street. Environmental Recommendation: Exempt from CEQA, Section 15301 —Existing o Facilities rn Owner: Saysol Properties 5 Applicant: Tulsi Savani APN: 0139-243-13 a Ward: 1 m L Aron Liang,Senior Planner,gave a brief staff report on the project. v E Commissioner Jimenez asked if beer and wine would be sold at the facility. C.Kofi Allen, 17906 Corrine Way,Riverside,CA, Project Representative, said no a alcohol would be sold at this location. Page 2 of 5 11/16/2011 Packet Pg. 87 6.A.c Commissioner Lopez asked if alcohol was sold at any of the applicant's other businesses. C. Kofi Allen said yes. Commissioner Lopez asked why the applicant withdrew the Type 20 ABC application from c the present project. V) d Tulsi Savani, 2606 Blaze Trail,Diamond Bar,CA, Project Applicant, said he withdrew o the Type 20 ABC application because the location of the project was in a residential neighborhood. Mr. Savani said that after the business is operating he may re-apply for a Type o 20 ABC license later. o d Vice-Chair Heasley asked if an additional Conditional Use Permit would be required for a Type 20 ABC license. g 9 0 Terri Rahhal said yes. a c� Vice-Chair Heasley asked if employees would be hired locally. o Tulsi Savani said yes. Commission Jimenez asked staff and the applicant about the stores operated by the applicant N in other cities. Commissioner Jimenez made a motion to recommend approval of General Plan Amendment No. 09-02 and Conditional Use Permit No. 09-09 based on the Findings of Fact contained in the staff report and subject to the Conditions of Approval (Attachment C). Commissioner Mulvihill N seconded the motion. °r c The motion carried by the following vote: Ayes: Durr, Eble, Heasley, Jimenez, Lopez, Machen, c Mulvihill and Rawls.Nays:None. Abstain: None. Absent: Coute. 4 .y N Ms. Wheeler announced that the project would be presented to the Mayor and Common Council E on December 19, 2011. 0 rn S 3. CONDITIONAL USE PERMIT MODIFICATION NO. 11-02 (CUP 06-33) — A proposal to modify the site plan previously approved under CUP No. 06-33 to provide a 6 9,000 sq. ft. retail pad and 1,500 sq. ft. restaurant in an existing retail shopping center located at 1184 West 2"d Street in the CG-2, Commercial General land use district. o Environmental Recommendation: Exempt from CEQA, Section 15301 —Existing E Facilities L Owner/Applicant: La Placita on 2nd Street, LLC APN: 0138-263-03 a Ward: 1 Page 3 of 5 11/16/2011 j Packet Pg. 88 3 a 6.A.c Aron Liang gave a detailed description of the project. Commissioner Mulvihill asked if any erosion control measures would be required at the project site. v 0 Aron Liang said the civil plans would address erosion control and water quality measures for the T site. d U O Carlos Losada, 9550 Firestone Boulevard, No. 105, Downey, CA, Project Manager, said there is a retaining wall around site that will be built around the rear of the project site. Mr. Losada explained that all rainwater is collected on-site and stored below grade for re-use and a infiltration. U Commissioner Eble made a motion to approve Conditional Use Modification No. 11-02 (CUP o 06-33)based on the Findings of Fact contained in the staff report and subject to the Conditions of o Approval (Attachment Q. Commissioner Mulvihill seconded the motion. a C7 The motion carried by the following vote: Ayes: Dun•, Eble, Heasley, Jimenez, Lopez, Machen, o Mulvihill and Rawls.Nays: None. Abstain: None. Absent: Coute. 0 N Ms. Wheeler announced that the Planning Commission approval was a final action in the a: absence of an appeal filed within fifteen days. N v 4. DEVELOPMENT CODE AMENDMENT NO. 11-10 — A proposal to amend Chapter 19.28 "Landscaping Standards" of the Development Code to update plan review procedures and water conservation standards. N Proposed by: City of San Bernardino Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3) Area affected: City-wide O N Lori Farris,Assistant Planner,gave a brief description of the proposed amendment. E E Commissioner Mulvihill made a motion to recommend approval of Development Code U Amendment No. 11-10 based on the Findings of Fact contained in the staff report. c Commissioner Rawls seconded the motion. R CL The motion carried by the following vote: Ayes: Durr, Eble, Heasley, Jimenez, Lopez, Machen, Mulvihill and Rawls. Nays: None. Abstain: None. Absent: Coute. o` c Ms. Wheeler announced that the proposed Development Code Amendment would be presented E to the Mayor and Common Council on December 19, 2011. PLANNING COMMISSION REPORTS/ANNOUNCEMENTS a Vice-Chair Heasley and the other commissioners and staff expressed condolences to Chair Page 4 of 5 11/16/2011 Packet P9. 89 6.A.c Coute's family for the loss of his mother. DHZECTOR'S REPORT M. Margo Wheeler announced a Planning Webinar session scheduled for December 7, 2011 v from 12 p.m.-3 p.m. and invited all of the Planning Commissioners to attend. ° it Casey Dailey gave a presentation on regional transportation plans. " 0 O ,L^ V Terri Rahhal announced that she had accepted a position with the County of San Bernardino 0 beginning in December and thanked the Commission and Staff o� 0 a M. Margo Wheeler thanked Terri for her service to the City and her assistance with the changes to Community Development. N O Henry Empeno also stated that Terri had been an asset to the City. Q IL ADJOURNMENT 0 c 0 Commissioner Eble made a motion, seconded by Commissioner Durr and unanimously carried, to adjourn the Planning Commission meeting at 7:20 p.m. The next regular meeting was 0 scheduled for Wednesday, December 14, 2011 at 6:00 p.m. in the Council Chambers, First Floor, 300 North"D" Street, San Bernardino, California. o N V Minutes Adopted by Planning Commissioners: �. Date Approved: Minutes Prepared by: D N d Melissa Thurman Executive Assistant r O N N_ E E 0 U rn c 'E c A a w 0 L 0 c 0 E s O A Q Page 5 of 5 11/16/2011 PacketPg. 90 6.A.d 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 09-02 a TO CHANGE THE LAND USE DESIGNATION FROM RESIDENTIAL SUBURBAN 5 (RS) TO COMMERCIAL GENERAL (CG-1) ON ONE ACRE AND APPROVING CONDITIONAL USE PERMIT NO. 09-09 TO ESTABLISH A NEIGHBORHOOD 6 m GROCERY STORE AT 1111 WEST 9TH STREET. `o 7 to Z d 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF o 9 THE CITY OF SAN BERNARDINO AS FOLLOWS: o 10 rn SECTION 1. Recitals. °(L 11 D WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the c) 06 12 City General Plan by Resolution No. 2005-362 on November 1,2005; and o e 13 WHEREAS, General Plan Amendment No. 09-02 to the General Plan of the City of San a CL to Bernardino was considered by the Planning Commission on November 16, 2011, at a noticed c o 15 public hearing, and the Planning Commission's recommendation for approval has been � 0 16 considered by the Mayor and Common Council;and 17 WHEREAS, Conditional Use Permit No. 09-09 to establish a neighborhood grocery store N v 18 in an existing 12,534 square-foot building located at 1111 West 9th Street was considered by the c 19 Planning Commission and the Planning Commission's recommendation for approval has been 2 2 20 considered by the Mayor and Common Council; and 21 WHEREAS, General Plan Amendment No. 09-02 was reviewed under the California 22 Environmental Quality Act (CEQA) and was found to be exempt from the CEQA pursuant to t zs Section 15301 of the CEQA Guidelines, as a minor alternation to an existing facility, and would 24 not have a significant effect on the environment; and 25 WHEREAS, the exemption from the CEQA has been reviewed by the Environmental 26 Review Committee, the Planning Commission, and the Mayor and Common Council in 27 compliance with the CEQA and local regulations. 28 © 1 PacketPg. 91 1 WHEREAS, the Planning Commission conducted a noticed public hearing on November 2 16, 2011, in order to receive public testimony and written and oral comments on General Plan 3 Amendment No. 09-02 and Conditional Use Permit No. 09-09 and fully reviewed and considered a the Planning Division Staff Report and the recommendation of the Environmental Review 5 Committee. 6 WHEREAS, the Mayor and Common Council held a noticed public hearing on d 0 7 December 19, 2011, and fully reviewed and considered proposed General Plan Amendment No. rn T a 09-02 and Conditional Use Permit No. 09-09 and the Planning Commission and Environmental o 9 Review Committee recommendations and the Planning Division Staff Report. ,M, 0 10 SECTION 2. Exemption 0 a 11 NOW,THEREFORE,BE IT RESOLVED, FOUND AND DETERMINED by the Mayor D 12 and Common Council that the effect of the proposed amendment to the General Plan of the City o 13 of San Bernardino, together with the proposed Conditional Use Permit, will be e re-use and o th 14 minor alternation to an existing commercial building, which is exempt from CEQA pursuant to 1� 15 Section 15301 of the CEQA Guidelines. 0 16 SECTION 3. Findings of Fact: 0 d 17 BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San 0 N 18 Bernardino that: 19 A. General Plan Amendment No. 09-02 is internally consistent with the General Plan in o .j 20 that it meets General Plan Policy 2.5.6, in that it requires new development be designed to 0 N d 21 complement and not devalue the physical characteristics of the surrounding environment, 22 including consideration of the site's natural topography and vegetation and surrounding d E S 23 exemplary architectural design style. The proposed General Plan Amendment will improve the 24 existing commercial property with an attractive, safe land use that will be consistent with the ¢ 25 Development Code. 26 B. General Plan Amendment No. 09-02 will not be detrimental to the public interest, 27 health, safety, convenience, or welfare of the City in that it will enable the property owner to 28 develop a viable commercial use on the site that will benefit the surrounding residential area. ' 2 Packet Pg. 92 I C. General Plan Amendment No. 09-02 will maintain the appropriate balance of land 2 uses within the City in that the General Plan Amendment will facilitate a minor alternation with 3 similar uses within the same area. The land use changes resulting from a General Plan land use 4 designation change on one acre will not alter the balance of land uses in a City of over 60 square 5 miles. 6 D. The parcel subject to General Plan Amendment No. 09-02 is physically suitable for 0 7 the requested land use designations and the anticipated land use development. There are no N s physical constraints to development of the subject parcel. Changing the General Plan land use o 9 designation from and Residential Suburban to General Commercial will not change the 0 10 requirements and effects of further development significantly. Therefore, the subject parcel is o a 11 suitable for development under the requested land use designation, including, but not limited to v 06 12 having adequate access, available utilities,and compatibility with surrounding land uses. o 13 SECTION 4. Amendment: o 14 BE IT FURTHER RESOLVED by the Mayor and Common Council that: a. c 15 0 A. The Land Use Map of the General Plan is hereby amended pursuant to General Plan 0 16 Amendment No. 09-02, to change the land use designation from Residential Suburban (RS) to 17 Commercial General (CG-1) in the area outlined in"Exhibit A" a copy of which is attached and c is v incorporated herein by reference. c 19 B. General Plan Amendment No. 09-02 shall become effective upon the adoption and 20 execution of this Resolution. 21 K SECTION 5. Man Notation c 22 This Resolution and the amendment affected by it shall be noted on such appropriate General E L 23 Plan maps as having been previously adopted and approved by the Mayor and Common Council .u1°.. a 24 and which are on file in the office of the City Clerk. 25 SECTION 6. Notice of Exemption 26 The Planning Division is hereby directed to file a Notice of Exemption with the County of San 27 Bernardino,certifying the City's compliance with the California Environmental Quality Act. 2s © 3 Packet Pg. 93 6.A.d t 2 SECTION 7. Conditional Use Permit No. 09-09 3 Conditional Use Permit No. 09-09 is hereby approved based upon the Findings of Facts and 4 subject to the Conditions of Approval contained in the Staff Report to the Planning Commission s dated November 16,2011. 6 7 m 8 p U 9 a, 9 to 0 11 U i 06 12 c m 13 Q � a 14 C7 ` V c 15 0 y �� 16 1 � 17 .. 0 j N 18 1 I 19 0 20 O 1 N 21 Jj c 1 22 E s U 23 Y l 24 Q 2s 26 27 28 4 Packet Pg.94 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 2 CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 09-02 TO CHANGE THE LAND USE DESIGNATION FROM RESIDENTIAL SUBURBAN 3 (RS) TO COMMERCIAL GENERAL (CG-1) ON APPROXIMATELY ONE ACRE AND a APPROVING CONDITIONAL USE PERMIT NO. 09-09 TO ESTABLISH A s NEIGHBORHOOD GROCERY STORE AT 1111 WEST 9TH STREET. 6 0 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and a 8 Common Council of the City of San Bernardino at a meeting thereof,held o 9 on the day of 2011,by the following vote,to wit: 0 10 Council Members: AYES NAYS ABSTAIN ABSENT 0 IL I i MARQUEZ U c6 12 JENKINS N 0 13 BRINKER o a 14 SHORETT 0 ]s KELLEY °- 16 JOHNSON N d 17 MC CAMMACK 0 N 18 77 19 Rachel Clark, City Clerk ._o 20 0 N The foregoing resolution is hereby approved this day of 2011. 21 c 22 d E Patrick J.Morris,Mayor 23 City of San Bernardino 24 Approved as to form: a 25 JAMES F. PENMAN, 26 City Attorney 27 By: 28 s Packet Pg. 95 6.A.e EXHIBIT A CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GENERAL PLAN AMENDMENT 09-02 LOCATION MAP NORTH HEARING DATE: 12/19/2011 �Jb o Qa n rri N rn O ) 916 o r u t 9n ° o o 0 r r °_ 968 9 I O 964 981 0 rn 0 955 956 TEMPLE a 908 1041 n 940 939 0 940 in r 932 935 1010 ° r r 932 ° M 921 c T 916 N J a O a N a [NSNr •r r r r r r O V ° E 9TH ST d 0 R ;,.r ,. G 896 D N A 4 _ o ^ 4 APN: 0139-243-13 v p N 876 N E 868 D-- R ,,�I 860 S 859 ;15 8i2 811 $72 A 6 r r l 852 p 851 863 861 tiT83 w 845 0 N 845 $46 847 856 EUNION 839 834 839 840 L 841 848 N 833 0 A 833 834 839 840 u U 819 828 V 827 828 S ;? E V 819 822 N 821 822 T 833 824 N O ,t E� a � U+ M ° E � $12 E. { T , 1070 s. as 8 ST P, h yS r qtr Uf r z W h h '14 n 0 OOO.,O O OO O C PacketPg. 96 6.A.f C 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO.09-02 ° TO CHANGE THE LAND USE DESIGNATION FROM RESIDENTIAL SUBURBAN v 5 (RS) TO COMMERCIAL GENERAL (CG-1) ON ONE ACRE AND APPROVING V) CONDITIONAL USE PERMIT NO. 09-09 TO ESTABLISH A NEIGHBORHOOD 6 GROCERY STORE AT 1111 WEST 9TH STREET. c 0 7 V O s BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF o 9 THE CITY OF SAN BERNARDINO AS FOLLOWS: 10 SECTION 1. Recitals. N 0 11 d) WHEREAS,the Mayor and Common Council of the City of San Bernardino adopted the a 12 a. City General Plan by Resolution No.2005-362 on November 1,2005;and c 13 WHEREAS, General Plan Amendment No. 09-02 to the General Plan of the City of San 2 la Bernardino was considered by the Planning Commission on November 16, 2011, at a noticed 15 public hearing, and the Planning Commission's recommendation for approval has been o N 16 considered by the Mayor and Common Council; and 17 WHEREAS, Conditional Use Permit No. 09-09 to establish a neighborhood grocery store c 18 2 in an existing 12,534 square-foot building located at 1111 West 9h Street was considered by the .h 19 d Planning Commission and the Planning Commission's recommendation for approval has been of 0 20 considered by the Mayor and Common Council;and 21 0 WHEREAS, General Plan Amendment No. 09-02 was reviewed under the California 0 zz Environmental Quality Act (CEQA) and was found to be exempt from CEQA pursuant to 23 c Section 15301 of the CEQA Guidelines, as a minor alteration to an existing facility, and would E za not have a significant effect on the environment;and zs WHEREAS, the exemption from CEQA has been reviewed by the Environmental a 26 Review Committee, the Planning Commission, and the Mayor and Common Council in 27 compliance with CEQA and local regulations. 2s ® 1 Packet Pg. 97 I WHEREAS, the Planning Commission conducted a noticed public hearing on November 2 16, 2011, in order to receive public testimony and written and oral comments on General Plan 3 Amendment No. 09-02 and Conditional Use Permit No. 09-09 and fully reviewed and considered a the Planning Division Staff Report and the recommendation of the Environmental Review I `o 5 Committee. .2 L j 6 WHEREAS, the Mayor and Common Council held a noticed public hearing on 0 7 December 19, 2011, and fully reviewed and considered proposed General Plan Amendment No. m s 09-02 and Conditional Use Permit No. 09-09 and the Planning Commission and Environmental o � o 9 Review Committee recommendations and the Planning Division Staff Report. U 10 SECTION 2. Exemption °n N O 11 NOW,THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor o a 12 and Common Council that the effect of the proposed amendment to the General Plan of the City a 13 of San Bernardino, together with the proposed Conditional Use Permit, will be the re-use and g ! to minor alteration to an existing commercial building, which is exempt from CEQA pursuant to 0 ! © m is Section 15301 of the CEQA Guidelines. X 0 16 SECTION 3. Findings of Fact: N 17 BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San is Bernardino that: 0 N 19 A. General Plan Amendment No. 09-02 is internally consistent with the General Plan in 20 that it meets General Plan Policy 2.5.6, in that it requires new development be designed to v 21 complement and not devalue the physical characteristics of the surrounding environment, 0 0 22 including consideration of the site's natural topography and vegetation and surrounding 23 exemplary architectural design style. The proposed General Plan Amendment will improve the d E 24 existing commercial property with an attractive, safe land use that will be consistent with the 25 Development Code. a 26 B. General Plan Amendment No. 09-02 will not be detrimental to the public interest, 27 health, safety, convenience, or welfare of the City in that it will enable the property owner to 28 develop a viable commercial use on the site that will benefit the surrounding residential area. 2 Packet Pg. 98 I C. General Plan Amendment No. 09-02 will maintain the appropriate balance of land z uses within the City in that the General Plan Amendment will facilitate a minor alteration with 3 similar uses within the same area. The land use changes resulting from a General Plan land use 4 designation change on one acre will not alter the balance of land uses in a City of over 60 square d s miles. ° in 6 D. The parcel subject to General Plan Amendment No. 09-02 is physically suitable for 0 7 the requested land use designations and the anticipated land use development. There are no 0 rn s physical constraints to development of the subject parcel. Changing the General Plan land use o 1 0 9 designation from Residential Suburban to General Commercial will not change the requirements U 10 and effects of further development significantly. Therefore, the subject parcel is suitable for °s N 11 development under the requested land use designation, including, but not limited to having o a tz adequate access,available utilities,and compatibility with surrounding land uses. a t7 13 SECTION 4. Amendment: r 0 14 BE IT FURTHER RESOLVED by the Mayor and Common Council that: o Is A. The Land Use Map of the General Plan is hereby amended pursuant to General Plan o 16 '4 Amendment No. 09-02, to change the land use designation from Residential Suburban (RS) to 17 Commercial General (CG-1) in the area outlined in"Exhibit A" a copy of which is attached and c 18 incorporated herein by reference. N 19 m B. General Plan Amendment No. 09-02 shall become effective upon the adoption and ty 20 execution of this Resolution. N a 21 SECTION 5. Man Notation ° 0 zz This Resolution and the amendment affected by it shall be noted on such appropriate General W 23 Plan maps as having been previously adopted and approved by the Mayor and Common Council d 24 E and which are on file in the office of the City Clerk. 25 SECTION 6. Notice of Exemption a 26 The Planning Division is hereby directed to file a Notice of Exemption with the County of San 27 Bernardino,certifying the City's compliance with the California Environmental Quality Act. 28 © 3 PacketPg. 99 ti.A:f, . I 2 SECTION 7. Conditional Use Permit No. 09-09 3 Conditional Use Permit No. 09-09 is hereby approved based upon the Findings of Fact and 4 subject to the Conditions of Approval contained in the Staff Report to the Planning Commission w 5 dated November 16, 2011. N 6 m O 7 t, CD s //I 9 0 9 If D U 10 al 9 0 0 12 d 13 c 0 14 0 H d 15 Q 0 16 a 17 r c lg o .y 19 20 ° N q 21 O O 22 d 23 d 24 £ L U A 25 Q 26 27 26 4 Packet Pg. 100 i I I A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 2 CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 09-02 TO CHANGE THE LAND USE DESIGNATION FROM RESIDENTIAL SUBURBAN 3 (RS) TO COMMERCIAL GENERAL (CG-1) ON APPROXIMATELY ONE ACRE AND 4 APPROVING CONDITIONAL USE PERMIT NO. 09-09 TO ESTABLISH A NEIGHBORHOOD GROCERY STORE AT 1111 WEST 9TH STREET. o s U) ' T 6 � 0 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and c� ° 8 Common Council of the City of San Bernardino at a meeting thereof,held 9 0 9 on the day of .2011,by the following vote,to wit: U 10 Council Members: AYES NAYS ABSTAIN ABSENT 06 N 1 t MARQUEZ 9 12 JENKINS a. 13 BRINKER 14 SHORETT © o IS KELLEY � 16 JOHNSON ° N r 17 MC CAMMACK 18 o N 19 Rachel Clark, City Clerk 20 N d zl The foregoing resolution is hereby approved this day of ,2011. 0 0 22 a d 23 Patrick J. Morns,Mayor City of San Bernardino d 24 Approved as to form: E t U 25 JAMES F.PENMAN, a 26 City Attorney 27 -cI/ By: 28 © 5 Packet Pg. 101 6.A.f EXHIBIT A CITY OF SAN BERNARD/NO PLANNING DIVISION PROJECT: GENERAL PLAN AMENDMENT 09-02 LOCATION MAP NORTH d HEARING DATE: 1211912011 0 a.z d o D PF ' } _A i v ,.. a M c� T - i E 9TH ST N V4 APN: 0139-243-13 N _ d 1p1 !i 3 t E � D - w..�--. Ste... __ o A V N K S UNION N gA w V, t bdU ' T 43 #<:s E E T 4 R 63 d V N �,� E .. E En u E E E T .°.^ a T A !6 GI iK i3: *.L6R °•� 8TH ST I t Packet Pg. 102 Iiotmail Print Message http:/ibyl69w.bayl69.rmil.live.coni/nail/PrintMessages.aspx?cpids... store list Entered Into Rec, at MCC/CDC Mtg. From:naresh solanki (nareshsolanki @gmail.com) AgeflC7Qy�hle�m�l NO: /., —yu(�Qie ff�� Sent: Tue 11/15/119:39 AM by: �U//9iL.hl /i l i; Id To: TULSI SAVANI(tsavani @hotmail.com) City clerlqm secretary Ci of San Bernardino NO LOCATION SIZE 1 Bestway Supermarket 24875 9990 Long Beach Blvd 9000 Lynwood, CA 90262 2 Bestway Supermarket 29199 12721 Valley View Ave 3595 La Mirada, CA 90638 3 Bestway Supermarket 18000 1035 So. La Brea Ave Inglewood, CA 90301 4 Gardena Supermarket 19200 1012-1024 Gardena Blvd Gardena , Ca 90247 Fftnail Print Message http://byl69w.bayl69.mail.live.com/nail/PrintMessages.aspx?cpids... 5 Bestway Supermarket 9000 111 so Pacific Ave San Pedro, Ca 90701 8 Bestway Supermarket 30000 20226 So. Avalon Blvd Carson, CA 90746 9 Bestway Supermarket 35660 129 E. Lomita Blvd Carson, Ca 90745 11 Bestway Supermarket 47000 16100 Lakewood Blvd Bellflower, Ca 90706 12 Bestway Supermarket 24000 420 So. Long Beach Blvd Nptmail Print Message http://byl69w.bayl69.mail.live.com/mail/PrintMessages.aspx?cpids... Compton, Ca 90221 14 Bestway Supermarket 27000 19050 La Puente Rd West Covina, Ca 91762 15 Bargain Plus 17000 16000 Lakewood Blvd BellFlower, Ca 90706