HomeMy WebLinkAboutMC-1396 Adopted: January 6, 2014
Effective: February 6, 2014
ORDINANCE NO. MC-1396
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2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING ZONING
MAP AMENDMENT 13-04, TO CHANGE THE ZONING DESIGNATION OF THE
3 PROPERTIES LOCATED AT 1400 W. BASELINE STREET AND 1339-1387 W.
4 REECE STREET FROM COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL
URBAN (RU).
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6 WHEREAS, the current Development Code was initially implemented in 1991; and
WHEREAS, the current General Plan was initially implemented in 2005; and
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WHEREAS, on November 20, 2013, the Planning Commission of the City of San
8 Bernardino held a noticed public hearing to consider public testimony and the staff report
9 recommending approval of Development Code Amendment (Zoning Map Amendment) 13-
10 04, and recommended approval of the proposed Zoning Map Amendment to the Mayor and
11 Common Council; and
12 WHEREAS, notice of the public hearing for the Mayor and Common Council's
13 consideration of the proposed Ordinance was published in The Sun newspaper on November
14 23 and December 5, 2013.
WHEREAS, the Mayor and Common Council held a noticed public hearing on
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December 2 & 16, 2013, and fully reviewed and considered Development Code Amendment
16 13-04, the Planning Commission recommendation and the Planning Division Staff Report.
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18 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
19 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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21 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
22 are true and hereby adopt and incorporate them herein.
23 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
26 proposed rezone of the property from General Commercial (CG-1) to Residential Urban (RU)
27 will be consistent with the General Plan, once the General Plan Land Use Map is changed from
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MC-1396
1 Commercial to Single-Family Residential, which is proposed to occur concurrently with this
Zoning Map Amendment.
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4 2. The proposed amendment would not be detrimental to the public interest, health, safety,
5 convenience, or welfare of the City, in that as noted above, there is no development proposed in
6 conjunction with this application and the change in zoning designation of the site from CG-1 to
RU will maintain the single-family residential development pattern of the subject properties and
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bring these properties into conformance with the Development Code.
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9 3. The proposed amendment would maintain the appropriate balance of land uses within the
10 City, in that as noted above, the change in zoning designation of the subject site from CG-1 to
11 RU will maintain the single-family residential development pattern of the project area. Thus,the
12 balance of land uses in the City will not be affected by this proposal.
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14 4. The subject parcels are physically suitable (including,but not limited to, access,provision
of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the
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requested land use designation and the anticipated land use development. As noted in GPA
16 finding 3, above, the project area is currently developed with single-family residences and this
17 development will be maintained with this rezone, thus maintaining the land use compatibility of
i8 the land uses in the project area. Further, the properties take direct access from the adjacent
19 streets, and the RU zoning designation is proposed to ensure the existing lots will meet the
20 minimum required lot size for the zone.
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22 SECTION 3. Compliance with the California Environmental Quality Act. The
Mayor and Common Council finds that the proposed Zoning Map Amendment is exempt from
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the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA
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Guidelines, Infill Development, as the submitted project plans and supporting data indicate
25 that there will be no significant adverse effect on the environment.
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27 SECTION 4. Development Code Amendment (Zoning Map Amendment) 13-04,
28 attached hereto as Exhibit A and incorporated herein by reference, is hereby approved.
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MC-1396
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SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
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clause or phrase in this Ordinance or any part thereof is for any reason held to be
3 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
4 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
5 part thereof. The Mayor and Common Council hereby declares that it would have adopted
6 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
7 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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MC-1396
1 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING ZONING
MAP AMENDMENT 13-04, TO CHANGE THE ZONING DESIGNATION OF THE
2 PROPERTIES LOCATED AT 1400 W. BASELINE STREET AND 1339-1387 W.
REECE STREET FROM COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL
3 URBAN (RU).
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5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at aj°int reg eefing thereof, held on
7 the 6th day of January , 2014, by the following vote to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
x
11 JENKINS
12 x
VALDIVIA
13 SHORETT
14
VACANT
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16 JOHNSON X
17 MULVIHILL X
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20 GeorgeaneHanna, Ci Clerk
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The foregoing ordinance is hereby approved this '� day of January
22 201.4.
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411116:1 /0■1111a._
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ATR K J. MORRIS, ayor
25 Approved as to form: City San Bernardino
GARY D. SAENZ
26 City Attorney
27 By:
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