HomeMy WebLinkAbout06.B- Community Development I
ORDINANCE (ID#2311) DOC ID: 2311 C 6
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Tony Stewart M/CC Meeting Date: 07/15/2013
Prepared by: Lisa Sherrick, (909) 384-5057
Dept: Community Development Ward(s): 3
Subject:
Ordinance of the Mayor and Common Council of the City of San Bernardino Adopting
Development Code Amendment (Zoning Map Amendment) No. 13-02, a Request to Change the
Zoning Designation of the Property Located at 1333 S. Tippecanoe Avenue from Office
Industrial Park (OIP) to Industrial Light (IL). (FIRST READING) (At Meeting of June 17, 2013,
Item Continued to July 15, 2013) (#2311)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There will be no impact on the General Fund.
The hearing remains open.
Motion: Continue to September 3, 2013.
Synopsis of Previous Council Action:
There has been no previous action on this item by the Mayor and Common Council.
Background:
PROJECT DESCRIPTION
The applicant requests approval of Development Code Amendment (Zoning Map Amendment)
No. 13-02 under the authority of Development Code §19.74.050 to change the zoning
designation of the subject property from Office Industrial Park (OIP) to Industrial Light (IL).
Note that the applicant is requesting this change in zone to make the subject property more
marketable for a wider variety of industrial development than allowed in the OIP zone (i.e.,
warehousing/distribution centers).
SETTING& SITE CHARACTERISTICS
The project site is a developed property containing an existing metal building currently used by
Loma Linda University for records storage, and is approximately 19 acres in area.
LAND USE CHARACTERISTICS
LOCATION ZONING GENERAL EXISTING LAND
PLAN LAND USE
USE
Subject Site Office Industrial Industrial Warehouse
Updated: 7/9/2013 by Linda Sutherland C Packet Pg.393
5.6
2311
Park(OIP)
North Industrial Heavy Industrial Business park
(IH)
South OIP and IH Industrial Misc. industrial
uses/vacant land
East IH Industrial Warehouses
West IH Industrial Misc. industrial uses
BACKGROUND
• January 24, 1979 - A Certificate of Occupancy was issued for a new metal building for a
furniture manufacturing facility on the subject site.
• December 28, 2012 -The applicant acquired a subject property.
• April 11,2013 -Application for DCA 13-02 was submitted.
• April 25, 2013 - DCA 13-02 was reviewed by the Development/ Environmental Review
Committee and the item was moved to the Planning Commission for consideration.
• May 9, 2013 -Notices to the property owner within 500 feet of the exterior boundary of
the subject property were mailed, providing; the nature of the request, location of the
property, the date, time and location of the ,Planning Commission meeting of May 22,
2013, for DCA 13-02. A legal advertisement was sent to the San Bernardino Sun
Newspaper for publication on May 7, 2013.
• May 22, 2013 - the Planning Commission unanimously recommended approval of DCA
13-02 to the Mayor and Common Council.
• June 6, 2013 -Notices to the property owners within 500 feet of the exterior boundary of
the subject property were mailed, providing the nature of the request, location of the
property, the date, time and location of the Council meeting of June 17, 2013, for DCA
13-02. A legal advertisement was sent to the San Bernardino Sun Newspaper for
publication on June 7, 2013.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CE OA)
The proposed project is exempt from CEQA, pursuant to Section 15301, existing facilities, as no
revisions to the existing development on the subject site are proposed in conjunction with this
application.
ANALYSIS
As noted above, the applicant is requesting approval of a Zoning Map Amendment to change the
zoning designation of the subject property from Of ice Industrial Park (OIP) to Industrial Light
(IL). Refer to Attachment B. No changes to the General Plan Map are proposed in conjunction
with this application, as the General Plan land use designation for the subject site is Industrial,
with which both the OIP and IL zones are consistent.
The applicant is proposing to sell the site, and ther fore, is requesting the IL zoning designation
for the site to allow a wider variety of land uses on the site. No new development is proposed on
Updated: 7/9/2013 by Linda Sutherland C Packet Pg. 394
5.B
2311
the site at this time.
FINDINGS OF FACT
1. The proposed amendment is consistent with the General Plan,in that per Table LU-2, "Land
Use and Zoning Designations Consistency" in the General Plan Land Use Element,the OIP
and IL zones are both considered industrial designations, and therefore, the change of
zoning designation of the subject site from OW to IL will be 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, in that as noted above, there is no development
proposed in conjunction with this application',and the change in zoning designation of the
site from OIP to IL will maintain an industrial land use classification on the site.
3. The proposed amendment would maintain the appropriate balance of land uses within the
City, in that as noted in Findings 1 and 2, above, the change in zoning designation of the
subject site from OIP to IL will maintain the ' strial General Plan land use designation for
the site. Thus,the balance of land uses in the City will not be affected by this proposal.
4. The subject parcel(s) is physically suitable (including, but not limited to, access, provision
of utilities, compatibility with adjoining land ses, and absence of physical constraints) for
the requested land use designation(s) and the ariticipated land use development(s). The site
is rectangular, generally flat, and is approximately 19 acres in size. As noted above,the site
is presently developed with an industrial use, and the surrounding properties are also
developed with a variety of business park d industrial uses. The site has direct access
from Tippecanoe Avenue on the west, Victoria Avenue to the south and San Bernardino
Road to the north,and is presently served by all utilities. Further,the proposal to change the
zoning designation of the subject site from OIP to IL will maintain the industrial General
Plan land use designation for the site. Theref re,the subject parcel is physically suitable for
the requested zoning designation and the antic pated land use development.
CONCLUSION
Staff believes that the project proposal satisfies all Findings of Fact for approval of Development
Code Amendment(Zoning Map Amendment)No 1 -02.
City Attorney Review:
Supporting Documents:
Ord 2311 (PDF)
Exhibit A to Ordinance (PDF)
Attachment 2 - 5.22.13 PC Staff Report Packet (PDF)
Updated:7/9/2013 by Linda Sutherland C Packet Pg. 395
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1 ORDINANCE NO.
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).
5
6 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
8 E
9 WHEREAS, on May 22, 2013, the Planning Commission of the City of San E
10 a
Bernardino held a noticed public hearing to consider public testimony and the staff report o
11 recommending approval of DCA 13-02, and unanimously recommended approval of the
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12 proposed Zoning Map Amendment to the Mayor and Common Council; and
13 2
WHEREAS, notice of the public hearing for the Mayor and Common Council's
14 °
consideration of the proposed DCA 13-02 was published in The Sun newspaper on June 6, r
15 M
2013.
16 N
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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 p
21 are true and hereby adopt and incorporate them herein.
22 SECTION 2. Findings of Fact.
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24 1' The proposed amendment is consistent with the General Plan, in that per Table LU-2,
"Land Use and Zoning Designations Consistency" in the General Plan Land Use Element, the
25
01P and IL zones are both considered industrial designations, and therefore,the change of zoning
26 designation of the subject site from OLP to IL will be consistent with the General Plan.
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Q1 2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City, in that as noted above,there is no development proposed in
2
conjunction with this application and the change in zoning designation of the site from OTP to IL
3 will maintain an industrial land use classification on the site.
4
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 N
7
site from OIP to IL will maintain the General Plan industrial land use designation for the site. M
8
Thus,the balance of land uses in the City will not be affected by this proposal.
9
10 4. The subject parcel is physically suitable (including, but not limited to, access, provision U
of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the o
11 requested land use designation(s) and the anticipated land use development(s). The site is c
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 N
16 presently served by all utilities. Further, the proposal to change the zoning designation of the N
17 subject site from OIP to IL will maintain the industrial General Plan land use designation for the 2
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site. Therefore,the subject parcel is physically suitable for the requested zoning designation and
18
the anticipated land use development.
19 M
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20 SECTION 3. Development Code Amendment (Zoning Map Amendment) No. 13-02, o
21 to change the Zoning Designation of property located at 1333 S. Tippecanoe Avenue, d
22 Assessor Parcel Number 0281-101-12, from Office Industrial Park (OIP) to Industrial Light r
23 (IL), attached hereto as Exhibit A and incorporated herein by reference, is hereby adopted. Q
24
25 SECTION 4. Compliance with the California Environmental Quality Act: The
26 Mayor and Common Council finds that the proposed General Plan Amendment is exempt
from the California Environmental Quality Act (CEQA) pursuant to Section 15031 of the
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CEQA Guidelines, Existing Facilities, as no revisions to the existing development on the
z subject site are proposed in conjunction with this application.
3 SECTION 5. Severabilily: 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
0
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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13 111
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I ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING DEVELOPMENT
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).
4
1 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
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7
the day of , 2013, by the following vote to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ o
11 JENKINS -
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12 VALDIVIA --�-- --
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13 SHORETT 2
14 KELLEY --— --- a
15 JOHNSON
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MC CAMMACK
16 N
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17 N
18 Georgeann Hanna, City Clerk
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20 The foregoing Ordinance is hereby adopted this day of o
2013. r
21
22 R
23 PATRICK J. MORRIS,Mayor a
Approved as to form: City of San Bernardino
24 JAMES F. PENMAN
25 City Attorney
26
By:
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EXHIBIT A
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AGENDA ITEM#2
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDIN_O PLANNING DIVI I4N
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CASE: Development Code Amendment(Zoning Map Amendment)No. 13-02 M
HEARING DATE: May 22, 2013 Y
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WARD: 3
OWNER: PLICANT: E
Mach I CTRI Tippecanoe,LLC avid Ball a
65 Enterprise, Ste. 150 6 Enterprise, Ste. 150 0
Aliso Viejo,CA 92656 liso Viejo,CA 92656
949.330.5773 949.330-5773 c
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REQUEST/LOCATION:
a.
A request to change the zoning designation of the p perry located at 1333 S. Tippecanoe Ave.
from Office Industrial Park (OIP) to Industrial Light (IL). No development is proposed in N
conjunction with this application at this time.
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Assessor Parcel Number: 0281-101-12 a.
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OVERLAYS:
High Wind Area N
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ENVIRONMENTAL FINDINGS: M
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❑ Not Applicable
® Exempt from CEQA N
❑ No Significant Effects
❑ Previous Mitigated Negative Declaration E
❑ Potential Effects,Mitigation Measures and Mitigation Monitoring/Reporting Plan a
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STAFF RECOMMENDATION:
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® Approval R
❑ Conditions w
❑ Denial a
❑ Continuance to:
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Page 2
DCA 13-02
1 May 22, 2013
PROJECT DESCRIPTION
The applicant requests approval of Development Code Amendment (Zoning Map Amendment)
No. 13-02 under the authority of Development Code §19.74,050 to change the zoning N
designation of the subject property from Office Industrial Park (OIP) to Industrial Light (IL). M
Note that the applicant is requesting this change in zone to make the subject property more
marketable for a wider variety of industrial development than allowed in the OIP zone (i.e.,
warehousing/distribution centers).
E
SETTING & SITE CHARACTERISTICS a
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The project site is a developed property containing an existing metal building currently used by
Lorna Linda University for records storage, and is approximately 19 acres in area.
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LAND USE CHARACTERISTICS
LOCATION ZONING GENERAL EXISTING LAND a�
PLAIN LAND USE
USE N
Subject Site Office Industrial Industrial Warehouse
Park OIP) a
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North Industrial Light Industrial Business park
IL)
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South OIP and IL Industrial Misc. industrial U
uses/vacant land A
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East IL Industrial Warehouses
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West IL Industrial Misc, industrial uses
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BACKGROUND E
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January 24, 1979—A Certificate of Occupancy was issued for a new metal building for a Q
furniture manufacturing facility on the subject site.
• December 28, 2012 - The applicant acquired The subject property.
• April 11,2013 —Application for DCA 13-02 was submitted.
• April 25, 2013 — DCA 13-02 was reviewed by the Development/ Environmental Review
Committee and the item was moved to the Planning Commission for consideration.
Packet Pg.402
5.B.c
Page 3
DCA 13-02
May 22, 2013
• May 9, 2413 --Notices to the property owners within 500 feet of the exterior boundary of
the subject property were mailed, providing the nature of the request, location of the
property, the date, time and location of the Planning Commission meeting of May 22,
2013, for DCA 13-02. A legal advertisement was sent to the San Bernardino Sun N
0
Newspaper for publication on May 7, 2013. M
CALIFORNIA ENVIRONMENTAL OUALITY ACT CE A
_
The proposed project is exempt from CEQA, pursuant to Section 15301, existing facilities, as no
revisions to the existing development on the subject site are proposed in conjunction with this a
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application. o
ANALYSIS =
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As noted above, the applicant is requesting approval f a Zoning Map Amendment to change the
zoning designation of the subject property from Offi a Industrial Park (OIP) to Industrial Light B
(IL). Refer to Attachment B. No changes to the General Plan Map are proposed in conjunction a.
with this application, as the General Plan land use signation for the subject site is Industrial, r
with which both the OIP and IL zones are consistent. N
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The applicant is proposing to sell the site, and there�re, is requesting the IL zoning designation
for the site to allow a wider variety of land uses on t site. No new development is proposed on a
the site at this time. 0
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FINDINGS OF FACT
1. The proposed amendment is consistent with th General Plan,in that per Table LU-2,"Land 0
Use and Zoning Designations Consistency" in be General Plan Land Use Element,the OIP a.
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and IL zones are both considered industrial designations, and therefore, the change of N
zoning designation of the subject site from OIP to IL will be consistent with the General IN
Plan. N
2. The proposed amendment would not be me ntal to the public interest, health, safety,
convenience, or welfare of the City, in as noted above, there is no development
proposed in conjunction with this application and the change in zoning designation of the a
site from OIP to IL will maintain an industrial and use classification on the site.
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3. The proposed amendment would maintain th appropriate balance of land uses within the s
City, in that as noted in Findings 1 and 2, a ve, the change in zoning designation of the r
subject site from OIP to IL will maintain the' ustrial General Plan land use designation for Q
the site. Thus,the balance of land uses in the ity will not be affected by this proposal.
4. 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). The site
Packet Pg.403
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Page 4
DCA 13-02
May 22, 2013
is rectangular, generally flat,and is approximately 19 acres in size. As noted above,the site
is presently developed with an industrial use, and the surrounding properties are also
developed with a variety of business park and�industrial uses. The site has direct access
from Tippecanoe Avenue on the west, Victori Avenue to the south and San Bernardino 0
Road to the north,and is presently served by all utilities. Further,the proposal to change the M
zoning designation of the subject site from OIL to IL will maintain the industrial General
Plan land use designation for the site. Therefor*,the subject parcel is physically suitable for E
the requested zoning designation and the anticipated land use development.
E
FINANCIAL IMPACT a
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There will be no direct financial impact on the General Fund as a result of this application.
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CONCLUSION
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Staff believes that the project proposal satisfies all Findings of Fact for approval of Development
Code Amendment(Zoning Map Amendment)No 13-D2. a
RECOMMENDATION
Staff recommends that the Planning Commission recommend to the Mayor and Common Y.
Council approval of Development Code Amendment(Zoning Map Amendment)No 13-02 based 1°
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upon the Findings of Fact contained in this Staff Report. o
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Respectfully S mitt 5d,
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Tony Stewart, AICP Ln
Acting Community Development Director N
Attachment A Existing Zoning/Aerial Maps E
Attachment B Proposed Zoning Map
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ATTACHMENT A -- ZONING MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: DCA 13-02
NORTH
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LOCATION MAP °
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HEARING DATE: 05/22/2013
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ATTACHMENT A - AERIAL
I CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: DCA 13-02
LOCATION MAP NORTH N
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HEARING DATE: 05/22/2013 r
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CITY Y OF SAN BERNARDINO
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NOTICE OF PUBLIC HEARING BEFORE THE
r CITY OF SAN BERNARDINO
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PLANNING COMMISSION
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SUBJECT: Development Code Amendment (Zoning Map Amendment) No. 13-02 Ward No. 3
i N
PROPOSAL: - A request to change the zoning designation of the property located at 1333 S. Tippecanoe Ave. M
from Office Industrial Parse(OIP)to Industrial Light (IL). N development is proposed in conjunction with this
application at this time. The Planning Commission will make a recommendation to the Mayor and Council. tv
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OWNER: Mach I CTRI Tippecanoe,LLC
APPLICANT: Dave Ball Q
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ENVIRONMENTAL RECOMMENDATION: The project is exempt frotn CEQA under Section 15301, existing, o
facilities. I
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PUBLIC HEARING LOCATION: HEA�NG DATE AND TIME:
San Bernardino City Hal I =
300 North"D" Street Wednesday, May 22,2013 at 6:00p.n1. Q
4t"Floor,Meeting Room"A" a
San Bernardino,California 92418
Vou are receiving this notice because the project site described above
is within 500 feet of your property. if you would like further
iformation about this proposal prior to the public hearing, please
mtaet the Planning Division at(909)384-5057.
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You are welcome to attend the public hearing and address the a
Development and Environmental Review Committee with your a
comments on this proposal, or you may submit written comments in C
favor of or in opposition to the proposal to the Planning Division,City
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Hall,300 North"D"Street San Bernardino,CA 92418.
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Decisions of the Development and Environmental Review Committee U
are final concerning Minor Use Permits, Development Permits, and Industrial a
Tentative Parcel Maps,unless appealed to the Planning Commission. Hoa vy
Appeals to the Planning Commission and Mayor and Council must be N
made in writing, stating the grounds of the appeal and must be E =ti` °.. 6
submitted to the City Clerk along with the appropriate fee within
fifteen days of the decision. Office
Indus6#ztl Project site a)Final review and action concerning General Plan Amendments, paw E
Development Code Amendments, Specific Plans and Development -
Agreements will be made by the Mayor and Common Council.
If you challenge the resultant action of the Mayor and Common
Council in court,you may be limited to raising only those issues you
or someone else raised at the public hearing described in this notice, E
or in written correspondence delivered to the City Planning Division
at,or prior to,the public hearing. R
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Individual testimony on agenda items will be strictly limited to three Copyr ght a� -1 Urban
minutes per person. '
The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact
Facilities Services(384-5244)two working days prior to the meeting with any requests for reasonable accommodation,to include interpreters.
1 Packet Pg.408