HomeMy WebLinkAboutMC-1391 " ' Adopted: August 5, 2013
Effective: September 5, 2013
ORDINANCE NO. M6-1391
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2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) NO. 13-02,
3 A REQUEST TO CHANGE THE ZONING DESIGNATION OF THE PROPERTY
4 LOCATED AT 1333 S. TIPPECANOE AVENUE FROM OFFICE INDUSTRIAL
PARK(OIP) TO INDUSTRIAL LIGHT (IL).
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WHEREAS, the current Development Code was initially adopted in 1991; and
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WHEREAS,the current General Plan was initially adopted in 2005; and
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9 WHEREAS, on May 22, 2013, the Planning Commission of the City of San
10 Bernardino held a noticed public hearing to consider public testimony and the staff report
11 recommending approval of DCA 13-02, and unanimously recommended approval of the
12 proposed Zoning Map Amendment to the Mayor and Common Council; and
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14 WHEREAS, notice of the public hearing for the Mayor and Common Council's
consideration of the proposed DCA 13-02 was published in The Sun newspaper on June 6,
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2013.
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17 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
18 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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20 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
21 are true and hereby adopt and incorporate them herein.
22 SECTION 2. Findings of Fact.
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1. The proposed amendment is consistent with the General Plan, in that per Table LU-2,
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"Land Use and Zoning Designations Consistency" in the General Plan Land Use Element, the
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OIP and IL zones are both considered industrial designations, and therefore,the change of zoning
26 designation of the subject site from OIP to IL will be consistent with the General Plan.
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MC-1391
2. The proposed amendment would not be detrimental to the public interest, health, safety,
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convenience, or welfare of the City, in that as noted above, there is no development proposed in
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conjunction with this application and the change in zoning designation of the site from OIP to IL
3 will maintain an industrial land use classification on the site.
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5 3. The proposed amendment would maintain the appropriate balance of land uses within the
6 City, in that as noted in Findings 1 and 2, above, the change in zoning designation of the subject
7 site from OIP to IL will maintain the General Plan industrial land use designation for the site.
8 Thus,the balance of land uses in the City will not be affected by this proposal.
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4. The subject parcel is physically suitable (including, but not limited to, access, provision
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of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the
11 requested land use designation(s) and the anticipated land use development(s). The site is
12 rectangular, generally flat, and is approximately 19 acres in size. As noted above, the site is
13 presently developed with an industrial use, and the surrounding properties are also developed
14 with a variety of business park and industrial uses. The site has direct access from Tippecanoe
15 Avenue on the west, Victoria Avenue to the south and San Bernardino Road to the north, and is
16 presently served by all utilities. Further, the proposal to change the zoning designation of the
17 subject site from OIP to IL will maintain the industrial General Plan land use designation for the
site. Therefore, the subject parcel is physically suitable for the requested zoning designation and
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the anticipated land use development.
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20 SECTION 3. Development Code Amendment (Zoning Map Amendment) No. 13-02,
21 to change the Zoning Designation of property located at 1333 S. Tippecanoe Avenue,
22 Assessor Parcel Number 0281-101-12, from Office Industrial Park (OIP) to Industrial Light
23 (IL), attached hereto as Exhibit A and incorporated herein by reference, is hereby adopted.
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25 SECTION 4. Compliance with the California Environmental Quality Act: The
Mayor and Common Council finds that the proposed General Plan Amendment is exempt
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from the California Environmental Quality Act (CEQA) pursuant to Section 15031 of the
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MC-1391
1 CEQA Guidelines, Existing Facilities, as no revisions to the existing development on the
subject site are proposed in conjunction with this application.
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3 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
4 clause or phrase in this Ordinance or any part thereof is for any reason held to be
5 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
6 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
7 part thereof. The Mayor and Common Council hereby declares that it would have adopted
8 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
9 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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MC-1391
ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING DEVELOPMENT
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CODE AMENDMENT (ZONING MAP AMENDMENT) NO. 13-02, A REQUEST TO
2 CHANGE THE ZONING DESIGNATION OF THE PROPERTY LOCATED AT 1333
S. TIPPECANOE AVENUE FROM OFFICE INDUSTRIAL PARK (OIP) TO
3 INDUSTRIAL LIGHT (IL).
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
5 joint regular
6 and Common Council of the City of San Bernardino at a meeting thereof,held on
7 the 5th day of August , 2013, by the following vote to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 x
MARQUEZ
11 JENKINS x
x
12 VALDIVIA
13 SHORETT x
x
14 KELLEY
JOHNSON x
15 x
MC CAMMACK
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18 Georgea# Hanna, C y Clerk
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The foregoing Ordinance is hereby adopted this Sf1/iay of August.:_
20 2013.
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P• TRICK J. 1 ORRIS, a
23 Cit • . • :ernardino
Approved as to form:
24 JAMES F. PENMAN
25 City Attorney
By:
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