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HomeMy WebLinkAbout06.A- Community Development 6:A RESOLUTION(ID#2255) DOC ID: 2255 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 02/19/2013 Prepared by: Tony Stewart, Dept: Community Development Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving General Plan Amendment No. 12-03, to Separate the General Plan Land Use Map from a New Zoning Map; and an Ordinance Approving Development Code Amendment No. 13-01, to Revise the Development Code Regarding the Separation of the General Plan and Zoning Maps and to Establish New Standards and Procedures for Processing Zoning Map Amendments. (FIRST READING) Financial Impac : There will be no impact to the General Fund. Mayor to open the hearing. . . Motion: Close the hearing; adopt the resolution; and lay over the ordinance for final adoption. O Synopsis of Previous Council Action: None. Background: This is a City-initiated request for a General Plan Amendment and a Development Code Amendment to establish a Zoning Map separate from the City's General Plan Land Use Map, and to establish procedures in the Development Code for the implementation of Zoning Map Amendments. As discussed at the July 25, 2012, and January 23, 2013, Planning Commission meetings, staff is bringing forth a City-initiated proposal to have separate General Plan Land Use and Zoning Maps. Since 1991, the City has maintained a single map that combines the General Plan Land Use districts and zones. However, this is not the practice typical of the majority of cities in San Bernardino County or statewide, nor is the use of a single map consistent with good planning practice. Additionally, certain state laws have changed with regard to notifying parties of General Plan Amendments since 1991, leading to unavoidable delays detrimental to developers. Therefore, staff has been working for the past several months on separate Zoning and General Plan Land Use Maps. The Legislative Review Committee (LRC) reviewed the proposed request on December 18, 2012, and voted unanimously to recommend that the project be moved to the Planning o Commission. The Planning Commission heard the application on January 23, 2013, and unanimously recommended approval of the request to the Mayor and Common Council. Updated:2/13/2013 by Tony Stewart B I Packet Pg. 77 2255 Analysis: Survey Staff surveyed 62 California cities with populations over 100,000 and all of the agencies within San Bernardino County to determine whether the agencies had separate General Plan Land Use and Zoning Maps, or if the maps were combined. Of the agencies surveyed, only seven (11%), in addition to the City of San Bernardino, had combined maps. Of these, four are located in San Bernardino County (Adelanto, Victorville, Yucaipa and San Bernardino County). Of the remainder (Daly City, Murrieta and Richmond), Murrieta is in the process of separating its General Plan Land Use and Zoning Maps. The remaining cities (89%), which are a mix of General Law and Charter cities, all have separate maps. The details of this survey are contained in Attachment 3. Planning Practice The General Plan provides the long-range goals and policies for development of the City, taking into account the City's future conditions and needs. General Plans are typically just that - they are general in nature, with their applications to individual parcels being limited. On the other hand, the Development Code and related Zoning Map provide a set of regulatory development standards and site-specific zoning designations that are used on a day-to-day basis to direct development at a parcel-specific level. According to the American Planning Association's Planning and Urban Design Standards, overlapping zoning and General Plan land use maps should be avoided. This is due to the nature of a General Plan, which provides the more general policies that guide the long-term development of the City, while zoning is regulatory, and therefore, the use of the General Plan for the purpose of implementing parcel-specific zoning requirements can diminish the integrity of the General Plan as a long-range planning document and require the General Plan to be amended every time there is a rezoning. Further, since the process to update the General Plan involved a great deal of public input, there is the perception of those members of the public who participated in the process that their long-range vision for the City be adhered to, and not changed frequently. It should also be noted that state law requires the Zoning Ordinance and related map to be consistent with the General Plan. SB 18 In 1994, the state legislature approved into law SB 18, the Tribal Consultation requirements. This law requires local agencies, including charter cities, to notice all applicable tribes of any General Plan Amendment. Notification includes an initial 90-day consultation period, and a 45- day standard state notification. Therefore, such notification could potentially take as long as 135 days, potentially delaying an application for a General Plan Amendment. Changes to the zoning map are not required to comply with SB 18. Additionally, this process places extra costs and unnecessary delays upon developers. Simplification State law calls for a land use element that designates the proposed general distribution and �,. general location and extent of the uses of land for housing, businesses, industry, open space and Updated:2/13/2013 by Tony Stewart B NEEMI 2255 other public and private use of land. These are typically broad categories of land uses, and for each land use category, there may be several zoning districts that are more parcel-specific. Currently, there are 37 General Plan Land Use/Zoning Classifications plus three overall districts included on the City's combined Land Use/Zoning Districts Map. The proposed General Plan Map will create six broad General Plan Land Use designations (Single-Family Residential, Multiple Family Residential, Commercial, Industrial, Public/Quasi-Public, and Open Space) plus two overlay districts (Transit District and Specific Plans). Within these categories, the number of zoning categories will vary. Table 1,below,provides an example comparison of the proposed broad residential land use categories that would be on the General Plan Land Use Map and the proposed more site-specific zoning categories that would be included on the Zoning Map. Updated:2/13/2013 by Tony Stewart B Packet Pg. 79 2255 O TABLE 1 Proposed General Plan Land Use Categories Proposed Zoning Categories Single-Family Residential RE(Residential Estate) RL(Residential Low) RS (Residential Suburban) RU (Residential Urban) Multiple Family Residential RM (Residential Medium) RMH (Residential Medium High) RH(Residential High) RSH (Residential Student Housing City Staffing It is important to make processes as efficient as possible, to enable staff to provide quality service to all customers. At all times, but especially when a city is so severely short of funds, it is incumbent upon staff to ensure that all measures are taken to eliminate unnecessary time delays, to allow prompt processing of new development applications. As noted above, all General Plan Amendment applications are subject to the requirements of SB 18. This puts an unnecessary burden on staff in that letters must be written, on several occasions to the seven tribes with interests in the City as well as attending any meetings requested by the tribes during the consultation process. Since the majority of changes to the maps are expected to be to the new Zoning Map, this issue can be circumvented. It should be noted that changes to the Zoning Map, like General Plan Amendments, will still require a recommendation from the Planning Commission and final action by the Mayor and Common Council. General Plan Text Amendments To ensure that the General Plan is consistent with the proposed Zoning Map, staff is recommending several revisions to the General Plan, discussed below. The General Plan can be found in its entirety on the City's website at the following address: http://www.ci.san- bernardino.ca.us/pdf/DevSvcs/General%20P1an%20Document.pdf, while the updated 2011 Housing Element can be found on the City's website at the following address: http://www.ci.san-bemardino.ca.us/eivica/filebankfblobdload.asp?Blob1D=11437. Land Use Element • Revise the first two paragraphs on page 2-3 ("Relationship to Land Use Regulatory Documents") as follows: Appendi Table LU-2 eentains a matFix describes the relationship between the General Plan Land Use Designations and the Zoning Districts. Updated:2/13/2013 by Tony Stewart B lommml 2255 The Development Code and Zoning Map are available at the City of San Bernardino Community Development Department. • Revise the first paragraph on page 2-11 ("Land Use Map") as follows: "The General Plan Land Use Map (Figure LU-2) describes the distribution of land uses at a parcel specific level. 41ie-33Each land use designation shevm on Ws map ftwh � delineates the basic Foundation Component Plan designations and contains the specific description of allowable land uses and development standards for each land use category." • Replace the existing General Plan Land Use Map (Figure LU-2) with the proposed General Plan Land Use Map. • Revise the text on page 2-15 ("Land Use Designations") as follows: "Land use designations are provided to define the amount, type, and nature of development that is allowed in a given location on the Land Use Plan. The following table, Table LU-2, describes each of the land use designations shown on the Land Use Plan, as well as the zoning, density and intensity standards required in accordance with the California Government Code. Examples of the types of development envisioned in each land use category are shown on Figure LU-3, Illustrative Land Use Examples. Ew of the r-eside tial use eatege�°°Table LU-2 includes a range of allowable densities for residential uses. The maximum density defines the maximum number of units per adjusted gross acre at which development can occur within a given area. The determination of precise density, development location, and lot coverage on any residential property is a function of: 1) the provisions of the General Plan that are intended to maximize public safety, achieve high quality site planning and design, retain significant natural resources, and ensure compatibility between uses; and 2) the building and development standards contained in the Development Code, public works standards, and other regulations and ordinances." • Revise Table LU-2, "Land Use Designations" to reflect the proposed map amendments and recently adopted amendments to the Development Code per DCA 12-06. Refer to Attachment B for the proposed changes to Table LU-2. • Delete Table LU-3, "Land Use Plan Statistical Summary", (and delete reference to this table in the first paragraph on page 2-27, `Buildout projections") since this table will not be consistent with the proposed map revisions or the Development Code Amendments recently approved per DCA 12-06. Housing Element Revise Table H-32, "Residential General Plan Land Use Designations", to re-label the first column "General Plan/Zoning Designations", as noted below. Note that no other changes to this table are proposed. Updated:2/13/2013 by Tony Stewart B 2255 Table H-32 Residential General Plan Land Use Designations Land General Max Minimum Intended Residential Uses Plan/Zoning Density Lot Size Designations Single Family Residential Residential Estate(RE) 1 1 ac Single-family detached a estates Residential Low(RL) 3.1 10,800 sf Single-family detached homes on large lots Residential Low-3.5(RL- 3.5 10,800 sf Single-family detached 3.5) homes in a suburban setting Residential Suburban(RS) 4.5 7,200 sf Single-family detached homes in a suburban setting Multifamily Residential Residential Urban(RU) 9 7,200 sf Single-or multifamily 5,200 sf in housing including PUD townhomes,stacked flats, courtyard homes,and mobile home parks Residential Medium(RM) 14 14,400 sf Multifamily housing including townhomes, O stacked flats,apartments,and condominiums Residential Medium High 24 20,000 sf Apartments and (RMH) condominiums Residential Medium 20 20,000 sf Apartments and High/20(RMH/20) condominiums Residential High(RH) 36 20,000 sf Apartments and condominiums Commercial Residential Commercial Regional-2 54 1 acre Vertical residential,retail, (CR-2) I and office mixed use Source:City of San Bernardino General Plan,2005. Appendix 8 Delete this appendix, as the information in this document has been superseded by the information contained in the revised Table LU-2 (discussed above). Note: No changes to any of the goals, policies, or implementation measures contained throughout the General Plan as required in conjunction with this project. Also, please note that no changes to the land use or zoning designations to any parcel of land within the City or its sphere of influence are proposed in conjunction with this project. Proposed Development Code Text Amendments Updated:2/13/2013 by Tony Stewart B 2255 To ensure the Development Code will be consistent with the proposed Zoning Map, the following amendments are proposed: Chapter 19.02, "Basic Provisions" • Revise Section 19.02.060.2 as follows: "ADOPTION OF LAND-US13 ZONING DNT4UCIT MAP The boundaries of the laa4 awzoning districts established by this Section shall be shown upon the map designated as the "City of San Bernardino Official L-aad Use Zoning Distriet Map," on file with the City Clerk, and available at the Community Development Department. This map shall be consistent with the adopted General Plan Land Use Map. Amendments shall follow the process outlined in Chapter 19.5074 (General Nat* Zoning Man Amendments." • Revise Section 19.02.060.3 as follows: "RULES APPLYING TO CERTAIN BOUNDARIES ON LAND—USE ZONING BIST4UCT MAP The following shall apply in determining uncertain boundaries of a district as shown on ® the Official Lase Zoning Disttiet Map:" • Revise Section 19.02.060.4 as follows: "PRE-ZONING The City may pre-zone unincorporated property adjoining the City. This process shall comply with Chapter 19.50 (General Plan Amendments) and 19.74 (Zoning Map Amendments). The zoning shall become effective upon annexation." Chapter 19.50 (General Plan Amendments) Revise Section 19.50.040 (Council Action on Amendments) as follows: "Upon receipt of the Commission's recommendation, the Council may approve, approve with modifications, or disapprove the proposed amendment based upon the findings contained in Section 19.50.050. Amendments to the General Plan Land Use%istriet Map shall be adopted by resolution. Amendments to the text of the General Plan shall be adopted by resolution." Chapter 19.74 (Zoning Map Amendments) Staff proposes to add this new chapter to the Development Code, to establish standards and findings for approval of amendments to the Zoning Map. Refer to Attachment B for the proposed text for this new chapter. Updated:2/13/2013 by Tony Stewart B Packet Pg. 83 2255 FINDINGS OF FACT C DCA/GPA Finding 1: The proposed amendment is consistent with the General Plan, in that as noted above, and in General Plan Land Use Table LU-2, the General Plan and its associated Land Use Map established general land use district classifications, such as single-family residential, multi- family residential, commercial, etc., and the zoning districts listed in Development Code Section 19.02.060(l) and the proposed Zoning Map establishes sub-categories of the primary land use district categories noted on the General Plan Land Use Map. For example, the Residential Estate (RE), Residential Low (RL), Residential Suburban (RS) and Residential Urban (RU) zoning districts will be sub-categories of the Single-Family land use category. Further, as discussed above, and as depicted in Attachments B and C, the proposed text amendments will ensure that the General Plan and Development Code documents as well as the General Plan Land Use Map and Zoning Map are consistent with each other. DCA/GPA Finding 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, in that since no changes to the land use or zoning designations are proposed on any parcel in conjunction with this application, the proposed amendments will not affect the public interest, health, safety, convenience, or welfare of the City. GPA Finding 3: The proposed amendment would maintain the appropriate balance of land uses within the City, in that as discussed in Finding 2, above, no changes to the land use or zoning designations of any parcel of land are proposed in conjunction with this application. Therefore,this Amendment will not affect the balance of land uses within the City. GPA Finding 4: In the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s), in that although the Land Use Map is proposed to be revised to contain fewer and more general land use categories, as noted in Finding 2, above, since no changes to the land use or zoning designations are proposed on any parcel in conjunction with this application, the proposed amendment to the Land Use Map will not affect the physical attributes of any parcel of land. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed Development Code Amendment is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a significant direct or reasonably foreseeable indirect physical change in the environment. OConclusion: Updated:2/13/2013 by Tony Stewart B Packet Pg. 84 2255 Staff believes the proposed project satisfies all Findings of Fact for approval of General Plan Amendment No. 12-03 and Development Code Amendment No. 13-01. City Attorney Review: Supporting Documents: ord 2255 (PDF) exh a 2255 (PDF) Exhibit B to DCA 13-01 Ord Zoning Map (PDF) att 2-reso 2255(PDF) exht a-gpa 1203 reso 2255 (PDF) Exhibit B to GPA 12-03 Reso GP Map (PDF) Attachment 3 -General Plan and Zoning Maps Cities List (XLSX) Updated:2/13/2013 by Tony SteNN art 13 Packet Pg. 85 6.A.a I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT NO. 13-01, TO REVISE THE 3 DEVELOPMENT CODE REGARDING THE SEPARATION OF THE GENERAL d PLAN AND ZONING MAPS AND TO ESTABLISH NEW STANDARDS AND PROCEDURES FOR PROCESSING ZONING MAP AMENDMENTS. 5 6 WHEREAS,the current Development Code was initially implemented in 1991; and 7 WHEREAS, the General Plan Land Use Map and Zoning Map were combined into 8 one map in 1991; and 0 9 an WHEREAS, the current General Plan was initially implemented in 2005; d a 10 N CL 11 � WHEREAS, upon implementation of the General Plan in 2005, several land use 12 categories became obsolete,but were not removed from the Development Code; and 13 a. Ln 14 WHEREAS, in 1994, the state legislature approved into law SB 18, the Tribal N Consultation requirements, which requires local agencies, including charter cities, to notice all 15 applicable tribes of any General Plan Amendment, and which notification includes an initial o 16 90-day consultation period, and a 45-day standard state notification; and 17 Ln Ln 18 WHEREAS, such notification could potentially take as long as 135 days, potentially N 19 delaying an application for a General Plan Amendment although changes to the zoning map o are not required to comply with SB 18; and d 20 £ E 21 WHEREAS, the General Plan provides the long-range goals and policies for a 22 development of the City, taking into account the City's future conditions and needs, with the 23 application to individual parcels being limited; and 24 WHEREAS, the Development Code and related Zoning Map (Exhibit B), on the other 25 hand, provide a set of regulatory development standards and site-specific zoning designations 26 that are used on a day-to-day basis to direct development at a parcel-specific level; and I I 27 28 Packet Pg 86 I WHEREAS, according to the American Planning Association, overlapping zoning and 2 General Plan land use maps should be avoided, since the use of the General Plan for the purpose of implementing parcel-specific zoning requirements can diminish the integrity of the 3 General Plan as a long-range planning document and require the General Plan to be amended 4 every time there is a rezoning; and 5 6 WHEREAS, since the process to update the General Plan involved a great deal of public input, there is the perception of those members of the public who participated in the 7 process that their long-range vision for the City be adhered to, and not changed frequently; 8 and G r 9 Q 10 WHEREAS, state law calls for a land use element that designates the proposed general m CL 11 distribution and general location and extent of the uses of land for housing, businesses, 2 industry, open space and other public and private use of land, which are typically broad 2 12 categories of land uses, and for each land use category, there may be several zoning districts R 13 a. that are more parcel-specific; and 14 N N WHEREAS, it is incumbent upon staff to ensure that all measures are taken to 15 eliminate unnecessary time delays, to allow prompt processing of new development o 16 applications; and d 17 LO LO 18 WHEREAS, the Development Code clean-up items and establishment of Chapter N 19 19.74, Zoning Map Amendments, will establish procedures and findings of fact for processing `o Zoning Map Amendments and ensure that the Development Code and Zoning Map, including d 20 e future Amendments, are consistent with the General Plan and General Plan Land Use Map; cLi 21 and a 22 23 WHEREAS, on December 18, 2012, the Legislative Review Committee reviewed and 24 unanimously recommended that the proposed amendments (Exhibit A) be moved to the 25 Planning Commission; and 26 WHEREAS, on January 23, 2013, the Planning Commission of the City of San 27 Bernardino held a noticed public hearing to consider public testimony and the staff report 28 recommending proposed amendments to the City Municipal Code, and unanimously Packet pg.87 i.r F 8. a 1 recommended approval of the proposed Development Code Amendments to the Mayor and Common Council; and 2 3 WHEREAS, notice of the public hearing for the Mayor and Common Council's 4 consideration of the proposed Ordinance was published in The Sun newspaper on February 8, 5 2013. 6 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF 7 SAN BERNARDINO DO ORDAIN AS FOLLOWS: 8 c SECTION 1. The Mayor and Common Council finds that the above-stated Recitals c 9 are true and hereby adopts and incorporates them herein. o 10 U) a 11 SECTION 2. Findings of Fact. s c 12 A. The proposed amendment is consistent with the General Plan, in that as noted above, M 13 and in General Plan Land Use Table LU-2,the General Plan and its associated Land Use Map a 14 established general land use district classifications, such as single-family residential, multi- N family residential, commercial, etc., and the zoning districts listed in Development Code N 15 Section 19.02.060(1) and the proposed Zoning Map establishes sub-categories of the primary `o 16 land use district categories noted on the General Plan Land Use Map. For example, the d 17 Residential Estate (RE), Residential Low (R.L), Residential Suburban (RS) and Residential N 18 Urban (RU) zoning districts will be sub-categories of the Single-Family land use category. N 19 Further, the proposed text amendments will ensure that the General Plan and Development c Code documents, as well as the General Plan Land Use Map and Zoning Map are consistent d 20 with each other. E 21 Y a 22 B. The proposed amendment would not be detrimental to the public interest, 23 health, safety, convenience, or welfare of the City, in that since no changes to the land use or 24 zoning designations are proposed on any parcel in conjunction with this application, the proposed amendments will not affect the public interest, health, safety, convenience, or 25 welfare of the City. 26 27 28 Packet Pg. 8& 1 SECTION 3. Title 19 of the San Bernardino Municipal Code, Land Use/Subdivision Regulations, also known as the San Bernardino Development Code, is hereby amended to 2 revise Sections 19.02.060 and 19.50.040, and to add Chapter 19.74 as shown in Exhibit A i 3 (text amendments); and to adopt the Zoning Map as shown in Exhibit B, both attached and i 4 incorporated herein by reference. 5 SECTION 4. Compliance with the California Environmental Quality Act: The i 6 Mayor and Common Council finds that the proposed Ordinance amending Title 19 of the 7 Municipal Code (Development Code) is exempt from the California Environmental Quality 8 Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an action that will 0 9 not result in a direct or reasonably foreseeable indirect physical change in the environment. .6 0 d 10 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or 'n 0. 11 clause or phrase in this Ordinance or any part thereof is for any reason held to be 2 12 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any 13 a part thereof. The Mayor and Common Council hereby declares that it would have adopted .n tn 14 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, N 15 clauses, or phrases be declared unconstitutional, invalid,or ineffective. 16 /// H a) d 17 /// W LO LO 18 N 19 0 Y r. 20 e L 21 Y a 22 23 24 25 26 27 28 [7Pa i Pgw89 vy mac„ I ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT NO. 13-01, TO REVISE THE 2 DEVELOPMENT CODE REGARDING THE SEPARATION OF THE GENERAL PLAN AND ZONING MAPS AND TO ESTABLISH NEW STANDARDS AND 3 PROCEDURES FOR PROCESSING ZONING MAP AMENDMENTS. 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor 5 6 and Common Council of the City of San Bernardino at a meeting thereof, held on 7 the day of 2013, by the following vote to wit: 8 0 V 9 Council Members: AYES NAYS ABSTAIN ABSENT a 10 MARQUEZ in CL 11 JENKINS 12 VALDIVIA E C SHORETT W 13 a KELLEY LO RO 14 JOHNSON cm 15 MC CAMMACK C O 16 N d 17 is Georgeann Hanna, City Clerk N N 'O 0 19 The foregoing Ordinance is hereby approved this day of c 20 2013. a, E s 21 „M, PATRICK J. MORRIS, Mayor a 22 Approved as to form: City of San Bernardino 23 JAMES F. PENMAN 24 City Attorney 25 By. 26 27 28 Packet Pg:90, :. © EXHIBIT A Chapter 19.02 Basic Provisions • Revise Section 19.02.060(2) as follows: "ADOPTION OF LAND-IJST ZONING DISTRI49T MAP The boundaries of the laad-usezoning districts established by this Section shall be shown upon the map designated as the "City of San Bernardino Official Land Use Zoning Distfiet Map," on file with the City Clerk, and available at the Community Development Department. This map shall be consistent with the adopted General Plan Land Use Map. 2 Amendments shall follow the process outlined in Chapter 19.3074 (general Wan Zoning CU Map Amendments." a d • Revise Section 19.02.060(3) as follows: rn "RULES APPLYING TO CERTAIN BOUNDARIES ON LAMa—USE ZONING DISTWGT-MAP Ln a The following shall apply in determining uncertain boundaries of a district as shown on the Official Lmd Use Zoning Disb iet Map:" Cq • Revise Section 19.02.060(4)as follows: a N "PRE-ZONING d LO a: The City may pre-zone unincorporated property adjoining the City. This process shall N comply with Chapter 19.50 (General Plan Amendments) and 19.74 (Zoning Map Amendments). The zoning shall become effective upon annexation." X Chapter 19.50 General Plan Amendments E L Revise Section 19.50.040 Council Action on Amendments as follows: Co a "Upon receipt of the Commission's recommendation, the Council may approve, approve with modifications, or disapprove the proposed amendment based upon the findings contained in Section 19.50.050. Amendments to the General Plan Land Use{Zening Distriet Map shall be adopted by resolution. Amendments to the text of the General Plan shall be adopted by resolution." I 1 Packet Pg. 91 6.A.b © Chapter 19.74 (Zoning Mgp Amendments) Add Chapter 19.74, "Zoning Map Amendments",as follows: CHAPTER 19.74 ZONING MAP AMENDMENTS Section page 19.74.010 Purpose.................................................................................................................... IV-94 19.74.020 Hearings and Notice................................................ 19.74.030 Commission Action on Amendments................................................................... IV-94 `o 19.74.040 Council Action on Amendments........................................................................... IV-94 19.74.050 Findings................................................................................................................... IV-44 a a) U) CL 19.74.010 PURPOSE m The Council may amend the Official Land Use Zoning District Map, herein referred to as the 2 "Zoning Map" of the City of San Bernardino whenever required by public necessity and general a ^ welfare. N 19.74.020 HEARINGS AND NOTICE MA Upon receipt in proper form of a Zoning Map Amendment application, or direction of the Council, and following Department review, hearings shall be set before the Commission and Council. W Notice of the hearings shall be given pursuant to the requirements of Chapter 19.52 (Hearings and LO Appeals). N x 19.74.030 COMMISSION ACTION ON AMENDMENTS The Commission shall make a written recommendation on the proposed amendment whether to r approve, approve in modified form or disapprove, based upon the findings contained in Section 19.74.050. a Commission action recommending that the proposed amendment be approved, approved in modified form,or denied shall be considered by the Council following Commission action. 19.74.040 COUNCEL ACTION ON AMENDMENTS Upon receipt of the Commission's recommendation, the Council may approve, approve with modifications, or disapprove the proposed amendment based upon the findings contained in Section 19.74.050. Amendments to the Zoning Map shall be adopted by ordinance. 2 Packet Pg. 92 19.74.050 FINDINGS An amendment to the Zoning Map may be adopted only if all of the following findings are made: 1. The proposed amendment is consistent with the General Plan; 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience,or welfare of the City; 3. The proposed amendment would maintain the appropriate balance of land uses within the City; and O v R 4. The subject parcel(s) is physically suitable (including, but not limited to, access, provision d of utilities, compatibility with adjoining land uses, and absence of physical constraints) for w CL the requested land use designation(s)and the anticipated land use development(s). c c R CL w N r c O 2 d K H N N N R L X d V C d E L V R a 3 Packet Pg.93 6A.c tt l yy B f gn Official Zoning Legend L J„. g ✓Il .^n. r' x y i �� • a� —� — **DRAFT** ~_ — .• l e n—'r - ciN UmMnsaKen eo p N.Map ..ry c C � m E all Specific Plen LepeM •": �uwr.win. emu.. P.cM IqM 0 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING GENERAL PLAN AMENDMENT NO. 12-039 TO SEPARATE THE GENERAL PLAN 3 LAND USE MAP FROM THE NEW ZONING MAP. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 6 THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Recitals. c g o WHEREAS,the current Development Code was initially implemented in 1991; and 2 9 0. d N 10 WHEREAS, the General Plan Land Use Map and Zoning Map were combined into W 11 one map in 1991; and o, S C 12 WHEREAS, the current General Plan was initially implemented in 2005; and a 13 .; ® 14 WHEREAS, upon implementation of the General Plan in 2005, several land use N 15 categories became obsolete,but were not removed from the Development Code; and o 16 WHEREAS, in 1994, the state legislature approved into law SB 18, the Tribal 17 Consultation requirements, which requires local agencies, including charter cities, to notice all c applicable tribes of any General Plan Amendment, and which notification includes an initial 2 18 19 90-day consultation period, and a 45-day standard state notification; and z 20 R 21 WHEREAS, such notification could potentially take as long as 135 days, potentially E delaying an application for a General Plan Amendment although changes to the zoning map 22 are not required to comply with SB 18; and a 23 24 WHEREAS, the General Plan provides the long-range goals and policies for 25 development of the City, taking into account the City's future conditions and needs, with the 26 application to individual parcels being limited; and 27 28 1 ' Packet Pg.95 mm 1 WHEREAS, the Development Code and related Zoning Map, on the other hand, 2 provide a set of regulatory development standards and site-specific zoning designations that are used on a day-to-day basis to direct development at a parcel-specific level; and 3 4 WHEREAS, according to the American Planning Association, overlapping zoning and 5 General Plan land use maps should be avoided, since the use of the General Plan for the 6 purpose of implementing parcel-specific zoning requirements can diminish the integrity of the General Plan as a long-range planning document and require the General Plan to be amended 7 every time there is a rezoning; and c 8 0 m m 9 WHEREAS, since the process to update the General Plan involved a great deal of a CL d y 10 public input, there is the perception of those members of the public who participated in the 11 process that their long-range vision for the City be adhered to, and not changed frequently; _ and 12 a 13 WHEREAS, state law calls for a land use element that designates the proposed general r 14 distribution and general location and extent of the uses of land for housing, businesses, N 15 industry, open space and other public and private use of land, which are typically broad `_0 16 categories of land uses, and for each land use category, there may be several zoning districts >, that are more parcel-specific; and 17 N 18 WHEREAS, it is incumbent upon staff to ensure that all measures are taken to 0a 19 eliminate unnecessary time delays, to allow prompt processing of new development N applications; and : 20 :: C 0 21 E WHEREAS, the General Plan clean-up items and establishment of a revised, 22 simplified General Plan Land Use Map (Exhibit B) will ensure that the General Plan and a 23 General Plan Land Use Map are consistent with the Development Code and Zoning Map; and 24 25 WHEREAS, on December 18, 2012, the Legislative Review Committee reviewed and unanimously recommended that the proposed amendments (Exhibit A) be moved to the 26 Planning Commission; and 27 28 2 P�NSItlR Rg.96 6.A.d 1 WHEREAS, on January 23, 2013, the Planning Commission of the City of San Bernardino held a noticed public hearing to consider public testimony and the staff report 2 recommending proposed amendments to the General Plan, and unanimously recommended 3 approval of the proposed General Plan Amendments to the Mayor and Common Council; and 4 5 WHEREAS, notice of the public hearing for the Mayor and Common Council's 6 consideration of the proposed Resolution was published in The Sun newspaper on February 8, 2013. 7 'c SECTION 2. General Plan Amendment No. 12-03. ° 8 2 9 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the m Mayor and Common Council as follows: w 10 11 A. General Plan Amendment No. 12-03 is hereby approved based upon the Findings of 12 Fact contained in the Staff Report to the Planning Commission dated January 23, 2013; and a 13 B. The Land Use Element, Housing Element and Appendix 8 of the San Bernardino Q14 General Plan are hereby amended to reflect the separation of the General Plan Land Use Map 15 and the Zoning Map, as shown in Exhibit A, attached and incorporated herein by reference; c and a 16 .� C. The revised General Plan Map, as shown in Exhibit B, attached and incorporated 17 herein by reference, and which is on file with the City Clerk and in the Community r 18 Development Department, is hereby adopted as the Official General Plan Map of the City of w 19 San Bernardino. 2 20 SECTION 3. Compliance with the California Environmental Ouality Act 5 21 The Mayor and Common Council finds that the proposed General Plan Amendment is 22 exempt from the California Environmental Quality Act (CEQA) pursuant to Section a 23 15061(b)(3) of the CEQA Guidelines, as an action that will not result in a direct or reasonably 24 foreseeable indirect physical change in the environment. 25 SECTION 4. 26 General Plan Amendment No. 12-03 shall become effective upon the adoption of this 27 Resolution. 28 3 6.A.d 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING GENERAL PLAN AMENDMENT NO. 12-03, TO SEPARATE THE GENERAL PLAN LAND USE 2 MAP FROM THE NEW ZONING MAP. 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 4 5 and Common Council of the City of San Bernardino at a meeting thereof, held on 6 the day of 2013, by the following vote to wit: 7 0 $ Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ aai y 10 JENKINS 10 CL 11 VALDIVIA r 12 13 SHORETT Ln N N 14 KELLEY N 15 JOHNSON o w 16 MC CAMMACK 17 N cli 18 O N d 19 N Georgeann Hanna, City Clerk A 20 d 21 The foregoing Resolution is hereby approved this day of t 22 2013, 23 PATRICK J. MORRIS, Mayor 24 Approved as to form: City of San Bernardino 25 JAMES F. PENMAN 26 City Attorney 27 By. 28 4 Packet Pg.98 OEXHIBIT A Land Use Element • Revise the first two paragraphs on page 2-3 ("Relationship to Land Use Regulatory Documents") as follows: men ix-8Table LU-2 eenWas a faalfim describes the relationship between the General Plan Land Use Designations and the Zoning Districts. 0 The Development Code and Zoning Map are available at the City of San Bernardino Develepment SerAeft Community Development Department. CL • Revise the first paragraph on page 2-11 ("Land Use Map") as follows: "The General Plan Land Use Map (Figure LU-2) describes the distribution of land uses at a parcel specific level. The-33Each land use designatio 0 Armes the basic Foundation Component Plan designations and contains the specific a description of allowable land uses and development standards for each land use N category." N • Replace the existing General Plan Land Use Map (Figure LU-2) with the attached new General Plan Land Use Map as shown in Exhibit B. °- N • Revise the text on page 2-15 ("Land Use Designations")as follows: W N N "Land use designations are provided to define the amount, type, and nature of N development that is allowed in a given location on the Land Use Plan. The following d table, Table LU-2, describes each of the land use designations shown on the Land Use 2 Plan, as well as the zoning. density and intensity standards required in accordance with the California Government Code. Examples of the types of development envisioned in each land use category are shown on Figure LU-3, Illustrative Land Use Examples. CL Table LU-2 includes a range of allowable densities k for residential uses. The maximum density defines the maximum number of units per d adjusted gross acre at which development can occur within a given area. The d determination of precise density, development location, and lot coverage on any E residential property is a function o£ 1) the provisions of the General Plan that are intended to maximize public safety, achieve high quality site planning and design, retain a significant natural resources, and ensure compatibility between uses; and 2) the building and development standards contained in the Development Code, public works standards, and other regulations and ordinances." • Revise pages 2-17 to 23, Table LU-2, "Land Use Designations" to reflect the proposed map amendments and recently adopted amendments to the Development Code per DCA 12-06. Refer to Attachment B for the proposed changes to Table LU-2. • Delete pages 2-29 to 31, Table LU-3, "Land Use Plan Statistical Summary", (and delete reference to this table in the first paragraph on page 2-27, `Buildout projections") since this table will not be consistent with the proposed map revisions or the Development Code Amendments recently approved per DCA 12-06. Housing Element(adopted June 20,2011) Revise page 3-93, Table H-32, "Residential General Plan Land Use Designations"as follows: Table H-32 °- Residential General Plan Land Use Designations R CL �aN 9e 0 V) GeneralPlan/Zoning Max. Minimum a m Designations Density Lot Size hueiuled Residential Uses g Single Family Residential rn Residential Estate(RE) 1 1 ac Single-family detached c estates e m Residential Low(RL) 3.1 10,800 sf Single-family detached a homes on large lots .n Residential Low-3.5(RL- Single-family detached N 3.5) 3.5 10,800 sf homes in a suburban setting= Residential Suburban(RS) 4.5 7,200 sf Single-family detached homes in a suburban setting ultifamlb Residential a Single-or multifamily a'o 7,200 sf housing including Residential Urban(RU) 9 5,200 sf in townhomes,snicked flats, N PUD courtyard homes,and mobile home arks °a Multifamily housing m Residential Medium(RM) 14 14 400 sf including townhomes, o stacked flats,apartments,and C.4 condominiums Residential Medium High 24 Apartments and 20,000 sf condominiums m Residential Medium 20 20,000 sf Aparti ents and x Hi h/20 RMH/20 condominiums Residential High(RH) 36 �OO APartinents and c condom niums NI 1' r Commercial Regional-2 54 I acre Vertical residential,retail, .° CR-2 and office mined use Source:City of San Bernardino General Plan,2005. 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