HomeMy WebLinkAbout06.A- Community Development RESOLUTION (ID#2195) DOC ID: 2195
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Margo Wheeler M/CC Meeting Date: 01/22/2013
Prepared by: Aron Liang, (909) 384-5057
Dept: Community Development Ward(s): 4
Subject:
A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting
General Plan Amendment No. 12-04 to Amend the Land Use District of Approximately 8,000
Square Feet from Residential Medium (RM) to Commercial General (CG-1) Located 200 Feet
South of the Southwest Corner of 40Th and"F" Streets.
Financial Impact:
Permit fees for construction and increased property taxes upon project expansion will accrue to
the City.
Mayor to open the hearing. . .
Motion: Close the hearing; and adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
General Plan Amendment No. 12-04 is a request to amend the General Plan land use designation
of a single lot of approximately 8,000 square feet from Residential Medium(RM)to Commercial
General (CG-1). The parcel is located 200 feet south of the southwest corner of 40`s and"F"
Streets (Attachment 1). The applicant requests that the Mayor and Common Council approve
General Plan Amendment No. 12-04 as recommended by the Planning Commission at their
meeting of December 12, 2012. The Planning Commission unanimously voted in favor of the
proposed amendment. Commissioners Conte, Durr, Grochulski,Heasley, Lopez, and Machen
voted in support of the motion.
Analysis:
The property owner is currently the operator of a veterinary hospital located at 939 West 40's
Street, abutting the project site to the west. The veterinary hospital was approved by the Planning
Commission under CUP No. 89-47 on May 8, 1990. The property owner anticipates that he may
file a Conditional Use Permit at a later date to utilize the subject site for expansion as a parking
lot for the veterinary hospital. The owner is proceeding with the General Plan Amendment in
order to obtain assurance for zoning consistency.
Updated: 1/7/2013 by Aron Liang Packet P 7
2195
The subject site is located in the RM land use district, which permits the development of multi-
\,r family townhomes, condominiums, and apartments; however, it is not conducive to development
of a multi-family project as the site is only 8,000 square feet in size. The site is located
immediately adjacent to property designated CG-1, therefore a CG-1 land use designation would
be suited for the subject site. The project site has direct access to"F" Street.
ATTACHMENTS: 1. MCC Reso
2. Exhibit 1 to Attachment 1 MCC Reso
3. Planning Commission Staff Report Dated December 12, 2012
4. Draft Planning Commission Minutes December 12, 2012
City Attorney Review:
Supportine Documents:
reso 2195 (PDF)
Attachment 2 -Exhibit 1 to Attachment 1 (PDF)
Attachment 3 - PC Staff Report 12.12.12 (PDF)
Attachment 4 - Draft PC Minutes 12.12.12 (PDF)
Updated: 1/7/2013 by Aron Liang Packet Pg. 128
t RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
4 SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 12-04, TO AMEND
s THE LAND USE DESIGNATION OF APPROXIMATELY 8,000 SQUARE FEET FROM
6 RESIDENTIAL MEDIUM (RM) TO COMMERCIAL GENERAL (CG-1) LOCATED 200 FEET
7 SOUTH OF THE SOUTHWEST CORNER OF 40"AND"F" STREETS.
8
9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
to OF SAN BERNARDINO AS FOLLOWS:
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I t SECTION 1. Recitals. c
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12 WHEREAS, the Mayor and Council of the City of San Bernardino adopted the General Plan for z°
13 the City by Resolution No. 2005-362 on November 1, 2005; and a
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14 WHEREAS, the application for General Plan Amendment No. 12-04 was found to be exempt o
15 from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the CEQA
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16 Guidelines in that there is no foreseeable physical effect of the proposal that would cause a significant `o_
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17 adverse impact on the environment; and '>
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18 WHEREAS, the CEQA exemption has been reviewed by the Development and Environmental
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19 Review Committee, the Planning Commission, and the Mayor and Council in compliance with CEQA a
20 and local regulations; and
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21 WHEREAS, the Planning Commission conducted a noticed public hearing on December 12, _
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22 2012, in order to receive public testimony on General Plan Amendment No. 12-04, fully reviewed and
23 considered the Planning Division Staff Report, and voted to recommend approval by the Mayor and
24 Council; and
25 WHEREAS, a legal advertisement of the public hearing before the Mayor and Council on
26 January 22, 2013, was published by the San Bernardino Sun Newspaper on January 10, 2013; and
27 WHEREAS, the Mayor and Common Council held a noticed public hearing on January 22,
28 2013, and fully reviewed and considered proposed General Plan Amendment No. 12-04, and the
29 Planning Commission recommendation and the Planning Division Staff Report.
30
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Packet Pg. 129
I SECTION 2. Exemption
2 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and
3 Common Council that General Plan Amendment No. 12-04 will have no significant adverse effect on
4 the environment, and the exemption heretofore prepared by the Development and Environmental
5 Review Committee as to the effect of this proposed amendment is hereby ratified, affirmed and adopted.
6 SECTION 3. General Plan Amendment No. 12-04.
7 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and
s Common Council that: o
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9 A. General Plan Amendment No. 12-04 is hereby approved based upon the Findings of Fact c
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10 contained in the Staff Report to the Planning Commission dated December 12,2012. a
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I 1 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan
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12 Amendment No. 12-04, to change the land use designation of approximately 8,000 square feet from
13 Residential Medium (RM)to Commercial General (CG-1) in the area outlined in Exhibit 1, attached and c
14 incorporated herein by reference.
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15 C. General Plan Amendment No. 12-04 shall become effective upon the adoption of this
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16 Resolution. N
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17 SECTION 4. Map Notation.
19 This Resolution and the amendment affected by it shall be noted on such appropriate General E
t9 Plan maps previously adopted and approved by the Mayor and Common Council and which are on file z
20 in the office of the City Clerk. a
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Packetpg. 130
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 12-04, TO AMEND
3 THE LAND USE DESIGNATION OF APPROXIMATELY 8,000 SQUARE FEET FROM
4 RESIDENTIAL MEDIUM (RM) TO COMMERCIAL GENERAL (CG-1) LOCATED 200 FEET
s SOUTH OF THE SOUTHWEST CORNER OF 40TH AND"F" STREETS.
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8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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10 Common Council of the City of San Bernardino at a meeting thereof,held on the
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12 day of 2013,by the following vote,to wit:
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14 Council Members: AYES NAYS ABSTAIN ABSENT o
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15 MARQUEZ
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16 JENKINS Z
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17 VALDIVIA
18 SHORE17 N
19 KELLEY N
20 JOHNSON
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21 MC CAMMACK
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23 a
24 Georgeann Hanna, City Clerk
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27 The foregoing resolution is hereby approved this day of 2013.
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29 a
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31 Patrick J. Morris, Mayor
32 City of San Bernardino
33 Approved as to form:
34 James F. Penman,
35 City Attorney
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38 By:
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Packet Pg. 137
6.A.b
EXHIBIT 1 - LAND USE MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: GPA 12-04 u
HEARING DATE: 1/22/2013 NORTH
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AGENDA ITEM
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: General Plan Amendment No. 12-04
HEARING DATE: December 12,2012
WARD: 4 c
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OWNER: APPLICANT: 6
Kenneth A. Ward/Paul E. Vaccarello Ed Bonadiman Z
939 W. 40111 Street Joseph Bonadiman&Associates
San Bernardino, CA 92407 234 North Arrowhead Avenue
909.883.0994 San Bernardino,CA 92408 m
909.885.3806
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REQUEST/LOCATION: N
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A request to change the land use designation of approximately 8,000 square feet from the r
Residential Medium (RM) to Commercial General (CG-1) land use designation. The project site d
is located 200 feet south of the southwest corner of 40`h and"F" Streets. z
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APN: 0266-221-01 rn
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CONSTRAINTS/OVERLAYS: M
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None E
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ENVIRONMENTAL FINDINGS: a
❑ Not Applicable d
id Exempt from CEQA,Section 15061(b)(3)—No Possible Significant Impact
❑ No Significant Effects M
❑ Potential Effects,Mitigation Measures and Mitigation Monitoring/Reporting Plan Q
STAFF RECOMMENDATION:
0 Recommend Mayor and Council Approval
❑ Conditions
❑ Denial
❑ Continuance to:
Packet?g. 133
CPA 12-04
PC Hearing Date.• 12.12.12
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 approximately 8,000
square feet, from the Residential Medium (RM) to the Commercial General (CG-1) land use
district. The project site is located 200 feet south of the southwest comer of 40'h and "F" Streets
(Attachment A).
The property owner originally acquired the subject site on March 30, 1987 and is currently the
owner/operator of a veterinary hospital located at 939 West 40th Street, abutting the project site
to the west. The veterinary hospital was approved by the Planning Commission under CUP No.
89-47 on May 8, 1990. The property owner anticipates that he may file a Conditional Use Permit °
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at a later date to utilize the subject site for expansion as a parking lot for the veterinary hospital.
The owner is proceeding with the General Plan Amendment in order to obtain assurance for z°
zoning consistency. Q
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SETTING&SITE CHARACTERISTICS
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The project site is currently vacant. Table A illustrates surrounding land use characteristics. N
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TABLE A: LAND USE CHARACTERISTICS
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LOCATION GENERAL PLAN LAND USE EXISTING LAND USE r
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Subject Site Residential Medium(RM) Vacant
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North Commercial General (CG-1) Vacant o
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South Public Facility(PF) Flood Control Channel
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East Residential Medium(RM) Apartments v
(Across"F" Street) E
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West Commercial General (CG-1) Veterinary Hospital
BACKGROUND
• March 30, 1987 —The applicant acquired the subject site.
• September 4, 2012—General Plan Amendment No. 12-04 was submitted.
• October 25, 2012—Tribal consultation letters sent to Native American Tribes per
Senate Bill 18 (SB18).
Packet Pg. 1 44 r
GPA 12-04
PC Hearing Date: 12.12.12
Page 3
• October 29,2012—Tribal 45-day comment period letters sent to Native American
Tribes per SB18.
• November 29, 2012 —Development/Environmental Review Committee (D/ERC)
reviewed the subject application and moved the item to Planning Commission.
CALIFORNIA ENVIRONMENTAL OUALITY ACT(CEOA)
This application is exempt from CEQA under the general rule in Section 15061(b)(3) of the
CEQA Guidelines in 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
CG-1 land use designation, and the subject area is so small that no significant difference in the °
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effect on the environment can be anticipated.
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ANALYSIS ¢a
The subject site is located in the RM land use district, which permits the development of multi-
family townhomes, condominiums, and apartments;however,it is not conducive to development
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of amulti-family project as the site is only 8,000 square feet in size. The site is located
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immediately adjacent to property designated CG-!, therefore a CG-1 land use designation would
be suited for the subject site. The project site has direct access to "F" Street.
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FINDINGS OF FACT -GENERAL PLAN AMENDMENT
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1. The proposed amendment is internally consistent with the General Plan.
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The CG-1 district is intended to provide for the continued use, enhancement, and new y
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development of retail, personal service, entertainment, office and related commercial uses along a
major transportation corridors and intersections to service the needs of the residents. The change "r
in land use designation would allow the site to be compatible with abutting commercial r
properties to the north and west and would enhance an existing veterinary hospital to provide E
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commercial goods and services to the surrounding neighborhood.
The proposed amendment would enhance the existing commercial property by enabling the c
expansion of an existing business and would be consistent with the following General Plan goals m
and policies: E
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Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infill
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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."
2. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
The proposed amendment would promote the expansion and / or continued use of an existing
veterinary hospital in the subject area. The property subject to the proposed amendment is
Packet Pg.135
GPA 12.04
PC Hearing Date: 12.12.12
Page 4
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 will maintain the appropriate balance of land uses within the City.
The subject site abuts commercial properties to the north and west. Although the land use
designation would change from RM to CG-1, the existing veterinary hospital that occupies the
approximately .47-acre site in the subject area would remain unchanged and a minor land use
change of 8,000 square feet will not alter the balance of land uses in a city of over 60 square
miles.
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4. The subject parcel is physically suitable (including, but not limited to, access, provision of
utilities, compatibility with adjoining land uses, and absence of physical constraints)for the o
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requested land use designation and anticipated land use development. ¢
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The proposed site has direct access to "F Street with no apparent development constraints. The
proposed amendment area is bounded by developed, dedicated sheets and existing infrastructure
more suitable for commercial development. All required utilities and public services could
adequately serve the site.
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CONCLUSION N
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The project proposal satisfies all Findings of Fact for approval of General Plan Amendment No. aa,
12-04. W
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RECOMMENDATION y
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Staff recommends that the Planning Commission recommend that the Mayor and Common M
Council approve General Plan Amendment No.12-04 based upon the Findings of Fact contained m
in this.staff report. E
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WLia bmitt ed,
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Senior Planner °
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Approved for Distribution:
1,l( ``fo.
M. Margo Wheeler, AICP
Community Development Director
Attachment A Location Map
Attachment B Site Plan
Packet Pg. 136
6.A.c
LAND USE/ZONING MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: GENERAL PLAN AMENDMENT 12-04
LOCATION MAP NORTH
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PROJECT. GPA r
LOCATION MAP
HEARING DATE.- 1211212012
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� John Coute,Chair
SP- Larry Heasley,Vice-Chair
J`m,cDar"`
Lance Darr CITY OF SAN BERNARDINO
Andrew Maahen
Amelia S Lopez
COMMUNITYDEVELOPMENT DEPARTMENT
FrederickCrachalsd 300 North "D"Street, San Bernardino, California 92418
Dan C.Jimenez
Bob Brawn,Alt.
Phone:(909)384-505715071 . Fax:(909)384-5080
PLANNING COMMISSION MINUTES
DECEMBER 1
GENERAL PLAN AMENDMENT NO. 12-04
0
CONDITIONAL USE PERMIT NO. 12-1
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DEVELOPMENT AGREEMENT (DA) NO. 11-01 a
CONDITIONAL USE PERMIT MODIFICATION NO. 12-01
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Page 1 of 3 12/12/2012
Packet Pg. 140
Chair Coate called the meeting to order at 6:00 p.m.
Commissioner Machen led the flag salute.
Present: Commissioners: Coute, Durr, Grochulski, Heasley, Lopez, Machen. Excused: Brown,
Jimenez, Mulvihill. Absent: None. Staff present: M. Margo Wheeler, Community Development
Director; James F. Penman, City Attorney, Tony Stewart, City Planner; Aron Liang, Senior
Planner.
ADMINISTRATION OF OATH
Aron Liang administered the oath. o
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CONSENT AGENDA:
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M. Margo Wheeler, Community Development Director, gave a brief presentation of the a
consent agenda, which included the recommended approval of the meeting minutes of November
14, 2012 and Item 2, and the recommended continuance of Items 3, 4, and 5 to the January 23, m
2013 meeting. N
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Commissioner Heasley made a motion to approve the consent agenda.
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Commissioner Grochulski seconded the motion.
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The motion carried by the following vote: Ayes: Conte, Durr, Grochulski, Heasley, Lopez,
Machen.Nays: None. Abstain: None. Excused: Brown, Jimenez,Mulvihill. Absent: None.
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PUBLIC COMMENTS - ITEMS NOT ON AGENDA a
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No comments.
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PUBLIC HEARINGS r
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2. GENERAL PLAN AMENDMENT NO. 12-04 — A request to change the land m
use designation of approximately 8,000 square feet from the Residential Medium C
(RM) to Commercial General (CG-1) land use designation. The project site is
located 200 feet south of the southwest comer of 401h and"F" Streets. E
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Environmental Determination: Exempt from CEQA, Section 15061(b)(3) —
No Possible Significant Impact a
Owner: Kenneth A. Ward/Paul E. Vaccarello
Applicant: Ed Bonadiman/Joseph Bonadiman &
Associates
APN: 0266-22101
Ward: 4
The Planning Commission recommended approval of General Plan Amendment No. 12-04
to the Mayor and Common Council, based on the Findings of Fact contained in the staff
report.
Page 2 of 3 12/12/2012
6.A.d
NON-PUBLIC HEARING ITEMS
None.
PLANNING COMMISSION REPORTS/ANNOUNCEMENTS
None.
DIRECTOR'S REPORT
None.
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ADJOURNMENT °
Commissioner Heasley made a motion which was unanimously carried, to adjourn the Planning z6
Commission meeting at 6:03 p.m. The next regular meeting was scheduled fo Wednesday, a
January 23, 2013 at 6:00 p.m. in the Council Chambers, First Floor, 300 North D" Street, San
Bernardino, California.
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Minutes Adopted by Planning Commissioners:
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Date Approved:
Minutes Prepared by:
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Lori Farris o
Development Services Technician
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