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HomeMy WebLinkAbout06-B- Community Development 6.B ORDINANCE (ID# 2779) DOC ID: 2779 C CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Tony Stewart M/CC Meeting Date: 01/06/2014 Prepared by: Tony Stewart, Dept: Community Development Ward(s): 6 Subject: An Ordinance of the Mayor and Common Council Approving Zoning Map Amendment No. 13- 04, to Amend the Zoning of the Properties Located at 1400 W. Baseline Street and 1339-1387 W. Reece Street from General Commercial (CG-1) to Residential Urban (RU) (FINAL READING) (#2779) Current Business Registration Certificate: Not Applicable Financial Impact: There will be no impact to the General Fund as a result of this project. Motion: Adopt the Ordinance. Synopsis of Previous Council Action: None. Background: On November 20, 2013,the Planning Commission voted unanimously in favor of the subject project and recommended that the Mayor and Common Council approve Development Code Amendment No. 13-04 and General Plan Amendment No. 13-03, to change the zoning of the project area from Commercial General (CG-1) to Residential Urban(RU) and the General Plan land use designation from Commercial to Single-Family Residential. Analysis: The City was approached by the representative of the property owner of the parcel located at 1400 W. Baseline Street regarding the possibility of subdividing the lot to accommodate at least one additional single-family lot. However, the parcel is zoned Commercial General (CG-1). Further analysis indicated that all of the parcels to the immediate east are also zoned CG-1; however, they are all developed with single-family residences. It should be noted that Reece Street is a residential cul-de-sac off of Mt. Vernon Avenue and will not be connected to Pico Avenue to the west. Both sides of the street are developed with single-family residences, with the properties on the north side of the street being zoned Residential Suburban (RS). Reece Street, therefore, would not be conducive for commercial uses, unless all of the parcels between Reece Street and Baseline Street were consolidated to allow a larger commercial development with primary access coming off of Baseline Street. However, the likelihood of that occurring in the foreseeable future is very low. On the other hand, since Baseline is an arterial street, there is a higher possibility that the lots directly fronting it may be redeveloped a commercial uses. Updated: 12/17/2013 by Linda Sutherland C I Packet Pg.327 6.B 2779 Therefore, to accommodate the customers' request, and to bring the zoning and land use designations of the project area into conformance with the existing development of the properties (which would result in the subject homes becoming conforming uses again), staff initiated the subject Zoning Map and General Plan Amendments. The project consists of one partially developed single-family lot located at 1400 W. Baseline Street with a vacant lot to the immediate north, and eight fully developed single-family lots located at 1339-1387 W. Reece Street. The project area is surrounded to the north, south and west by single-family residences and to the east by commercial uses. In addition to the standard notification of the project by mailing a public hearing notice to all property owners within a 500-foot radius of the project area and advertising the public hearing in the Sun, letters were sent in English and Spanish to the affected property owners prior to the Planning Commission hearing. The property owners of 1355 Reece Street sent staff a letter in support of the project (Attachment C of the Planning Commission packet). No further communication from the affected property owners or other parties, in favor of, or against, the project has been received. The proposed project is exempt from CEQA, 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. Recommendation: Close the hearing and lay over Ordinance for final adoption; and adopt the Resolution to approve General Plan Amendment No. 13-03 based on the Findings of Fact contained in the Planning Commission Staff Report dated November 20, 2013. City Attorney Review: SuAAOrtin Documents: ord 2779 (PDF) DCA 13-04 Ord text (DOC) Attachment A to DCA 13-04 Ord (DOCX) reso 2779 (PDF) GPA 13-03 Reso text (DOC) Attachment A to GPA 13-03 Reso (DOCX) PC staff report(PDF) Attachment 1 -Location Map Aerial (DOCX) Attachment 2 -Location Map Existing Zoning (DOCX) Updated: 12/17/2013 by Linda Sutherland C Packet Pg. 328 Adopted: January 6, 2014 Effective: February 6, 2014 ORDINANCE NO. MC-1396 1 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). 5 6 WHEREAS,the current Development Code was initially implemented in 1991; and WHEREAS,the current General Plan was initially implemented in 2005;and 7 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 15 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. 17 18 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 19 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 20 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. 24 1. The proposed amendment is consistent with the General Plan, in that per Table LU-2, 25 "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 28 1 MC-1396 1 Commercial to Single-Family Residential, which is proposed to occur concurrently with this 2 Zoning Map Amendment. 3 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 7 bring these properties into conformance with the Development Code. 8 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. 13 4. The subject parcels are physically suitable(including,but not limited to, access,provision 14 of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the 15 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 18 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. i 21 22 SECTION 3. Compliance with the California Environmental Quality Act. The 23 Mayor and Common Council finds that the proposed Zoning Map Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA 24 Guidelines, Infill Development, as the submitted project plans and supporting data indicate 25 that there will be no significant adverse effect on the environment. 26 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. 2 l MG-1396 1 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or 2 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. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 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). 4 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 nlee, ing thereof, held on 7 the 6th day of January , 2014,by the following vote to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT x 10 MARQUEZ x 11 JENKINS 12 x VALDIVIA 13 SHORETT x 14 VACANT 15 16 JOHNSON x 17 MULVIHILL x 18 19 20 Georgeann anna, Ci Clerk 21 The foregoing ordinance is hereby approved this �� g g y pp `� day of January , 22 201.4. 23 24 ATR K J. MORRIS, ayor 25 Approved as to form: City San Bernardino GARY D. SAENZ 26 City Attorney 27 By: — 28 4 6.B.c ATTACHMENT A - PROPOSED ZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT. DCA 13-04 NORTH r a� d L V! V d d !�i p txaa�aa ttz a,�a us se ©zas i W IM S1" a se rL 41at(S#Y Ott3tom 2i G»tM4&Y `"`i21T M ¢ s9ot1t1 t#�8s-t1lO1 z�-�Sk l€1 q a � W 13H$T € $(9 14-11t11 9-x911 r91-a 2-1�3- M O �a 43.141 4(4 F.A.:19 1,4 2 121 Q e� Q 1&2.22 w r S W�r ° 102-23 Q! Project Site ti �.es224 � N O v 0 M r LINE ST VIA BASELINE ST o 1171 E A1�9�242 � C tl139-+562-01 38-tl63 w 11 3 W ORANG T +' 1142 ln 1122 l�l ;2 1x5 :�tp QQ?3 S �9239fi61-24�ti a ( a ��� i3J3 } a#998#-27:,_,-0749-081,22 �"4i-a ' 0129-682��1 L R w r+ Q Packet Pg. 338 Et RESOLUTION NO. 1 2 a 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 4 OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT 13-03 TO AMEND THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT 1400 W. BASELINE 5 STREET AND 1339-1387 W. REECE STREET FROM COMMERCIAL TO SINGLE-FAMILY 6 RESIDENTIAL. 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY _ r 9 _FS A N BERM A RDINO AS FOLLOWS; d co to SECTION 1. Recitals. 11 WHEREAS,the Mayor and Common Council of the City of San Bernardino adopted the General 12 Plan for the City by Resolution No. 2005-362 on November 1, 2005; and M 13 WHEREAS, the application for General Plan Amendment 13-03 is exempt from CEQA, Section a 14 15061(b) (3), of the CEQA Guidelines, because the effect of the amendment would not result in a o i5 significant direct or reasonably foreseeable indirect physical change in the environment; and U 16 WHEREAS, the CEQA exemption has been reviewed by the Development Environmental Review Committee, the Planning Commission, and the Mayor and Common Council in compliance with 17 N s CEQA and local regulations; and ti 1 tg WHEREAS, the Planning Commission conducted a noticed public hearing on November 20, o zo 2013, in order to receive public testimony and written and oral comments on General Plan Amendment 21 13-03,and fully reviewed and considered the Planning Division Staff Report and the recommendation of E 22 the Development Environmental Review Committee; and 23 WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of 24 the proposed General Plan Amendment was published in The Sun newspaper on November 23 and 25 December 5, 2013. 26 WHEREAS, the Mayor and Common Council held a noticed public hearing on December 2 & 27 16, 2013, and fully reviewed and considered proposed General Plan Amendment 13-03, and the 28 Planning Commission and Development Environmental Review Committee recommendations and the Planning Division Staff Report. t Packet Pg.339' 1 I SECTION 2. Exemption. 2 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and 3 Common Council that the proposed amendment to the General Plan of the City of San Bernardino will 4 have no significant effect on the environment, and the exemption heretofore prepared by the 5 Development Environmental Review Committee as to the effect of this proposed amendment is hereby 6 ratified, affirmed and adopted. 7 SECTION 3. 8 A. General Plan Amendment 13-03 is hereby approved based upon the Findings of Fact as 9 contained in the Staff Report to the Planning Commission dated November 20,2013. co as 10 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan I 1 Amendment 13-03, to change the land use designation of the properties located at 1400 W. Baseline ' M O 12 Street and 1339-1387 W. Reece Street from Commercial to Single-Family Residential as outlined in 13 Exhibit A, attached and incorporated by reference. 14 C. General Plan Amendment 13-03 shall become effective upon the adoption and execution of M 15 this resolution. ¢ U 16 SECTION 4. Map Notation. " ti 17 This Resolution and the amendment affected by it shall be noted on such appropriate General 18 Plan maps previously adopted and approved by the Mayor and Common Council and which are on file N 19 in the office of the City Clerk. 20 SECTION 5. Notice of Exemption. E 21 The Planning Division is hereby directed to file a Notice of Exemption with the County Clerk of 22 the County of San Bernardino certifying the City's compliance with the California Environmental a 23 Quality Act. 24 25 26 27 28 2 Packet Pg.340 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT 13-03 TO AMEND 4 THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT 1400 W. BASELINE STREET AND 1339-1387 W. REECE STREET FROM COMMERCIAL TO SINGLE-FAMILY 5 RESIDENTIAL. 6 7 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a meeting thereof,held on the 9 day of 2013, by the following vote, to wit: U) 10 11 Council Members: AYES NAYS ABSTAIN ABSENT 9 12 MARQUEZ JENKINS 14 9 VALDIVIA M SHORETT VACANT JOHNSON MULVIHILL 19 20 Georgeann Hanna, City Clerk E 21 22 The foregoing resolution is hereby approved this day of 2013. < 23 24 PATRICK J. MORRIS, Mayor 25 City of San Bernardino Approved as to fonn: 26 Gary D. Saenz, 27 City Attorney 28 By: 3 Packet Pg.341 6.B.e 2 RESOLUTION NO. 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 4 OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT 13-03 TO AMEND THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT 1400 W. BASELINE 5 STREET AND 1339-1387 W. REECE STREET FROM COMMERCIAL TO SINGLE-FAMILY 6 RESIDENTIAL. d d L 7 d 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 9 OF SAN BERNARDINO AS FOLLOWS: 0 10 SECTION 1. Recitals. a 11 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the General 12 Plan for the City by Resolution No. 2005-362 on November 1, 2005; and M 13 WHEREAS, the application for General Plan Amendment 13-03 is exempt from CEQA, Section v 0 14 15061(b) (3), of the CEQA Guidelines, because the effect of the amendment would not result in a ti 1s significant direct or reasonably foreseeable indirect physical change in the environment; and 16 WHEREAS, the CEQA exemption has been reviewed by the Development Environmental c 0 17 Review Committee, the Planning Commission, and the Mayor and Common Council in compliance with ' 18 CEQA and local regulations; and X d 19 WHEREAS, the Planning Commission conducted a noticed public hearing on November 20, o W 20 2013, in order to receive public testimony and written and oral comments on General Plan Amendment M 0 21 13-03, and fully reviewed and considered the Planning Division Staff Report and the recommendation of a 22 the Development Environmental Review Committee; and 23 WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of E 24 the proposed General Plan Amendment was published in The Sun newspaper on November 23 and - w 2s December 5, 2013. a 26 WHEREAS, the Mayor and Common Council held a noticed public hearing on December 2 & 27 16, 2013, and fully reviewed and considered proposed General Plan Amendment 13-03, and the 28 Planning Commission and Development Environmental Review Committee recommendations and the Planning Division Staff Report. 1 Packet Pg.342 I SECTION 2. Exemption. 2 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and 3 Common Council that the proposed amendment to the General Plan of the City of San Bernardino will 4 have no significant effect on the environment, and the exemption heretofore prepared by the 5 Development Environmental Review Committee as to the effect of this proposed amendment is hereby a 1 6 ratified, affirmed and adopted. � 7 SECTION 3. � U 8 A. General Plan Amendment 13-03 is hereby approved based upon the Findings of Fact 9 contained in the Staff Report to the Planning Commission dated November 20, 2013. c 10 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan Q a 11 Amendment 13-03, to change the land use designation of the properties located at 1400 W. Baseline 0 12 Street and 1339-1387 W. Reece Street from Commercial to Single-Family Residential as outlined in a 13 Exhibit A, attached and incorporated by reference. o 14 C. General Plan Amendment 13-03 shall become effective upon the adoption and execution of fl- 15 this resolution. M 16 SECTION 4. Map Notation. g N 17 This Resolution and the amendment affected by it shall be noted on such appropriate General 18 Plan maps previously adopted and approved by the Mayor and Common Council and which are on file d w 19 in the office of the City Clerk. o 20 SECTION 5. Notice of Exemption. o 21 The Planning Division is hereby directed to file a Notice of Exemption with the County Clerk of Q a 22 the County of San Bernardino certifying the City's compliance with the California Environmental 23 Quality Act. E 24 � a i 25 3 26 27 28 2 Packet Pg.343 6.B.e 1 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT 13-03 TO AMEND 4 THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT 1400 W. BASELINE STREET AND 1339-1387 W. REECE STREET FROM COMMERCIAL TO SINGLE-FAMILY 5 RESIDENTIAL. 6 m as 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and W (D 0 s Common Council of the City of San Bernardino at a meeting thereof, held on the 9 day of , 2013,by the following vote, to wit: M 10 Q a 11 Council Members: AYES NAYS ABSTAIN ABSENT 0 0 12 MARQUEZ a 13 JENKINS o 14 VALDIVIA Is SHORETT M 16 VACANT c A 17 JOHNSON a� 18 MULVIHILL x w 19 C N m 20 Georgeann Hanna, City Clerk c M 21 Q a 22 The foregoing resolution is hereby approved this day of , 2013. 0 c 23 d E t 24 PATRICK J. MORRIS, Mayor Q 25 City of San Bernardino Approved as to form: 26 Gary D. Saenz, 27 City Attorney 28 By: 3 Packet Pg. 344 `6.B.f ATTACHMENT A - PROPOSED GENERAL PLAN LAND USE MAP CITY OF SAN BERNARD/NO PLANNING DIVISION PROJECT. GPA-13-03 NORTH Y L Q3 V Ai t#5<25 0443-146-02 W 13TH ST ��� � 1355 130# 1305 13t M c=1a�4#>ar1 3#a1�5-29 ataaa�tti s' i2�t°" O - — — W 13TH Sr -- M •sir-iG � e �7" I o�5 9 1263 "' 1rt. �K}. 32bm ' e1 Oid4-3151 42 482°2' •' r $ S Ff #s V �_ ..® ...m W REECE.ST 162-2z W E ST Q1 � 562-7& 17�#°'..�'° Pr of ect Site 12iis 3-affi-2s 0 to W Q' M O M INE ST W BASELINE ST a o a 5171 � 6136.82.12 li 518 V 0139-{iG2-01 55-06 tC 3162 t x W oRA NG T p Y F V t6 r+ a a i neLn ni r, ..6.B.g AGENDA ITEM#5 PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Code Amendment (Zoning Map Amendment)No. 13- 04/General Plan Amendment No. 13-03 HEARING DATE: November 20, 2013 WARD: 6 APPLICANT: City of San Bernardino Attn.: Tony Stewart, AICP 300 N. "D" St. San Bernardino, CA 92418 (909) 384-5057, ext. 3329 Stewart_to @sbcity.org M O REQUEST/LOCATION: Q a A proposal to amend the zoning of the properties located at 1400 W. Baseline Street and 1339- 1387 W. Reece Street from Commercial General (CG-1) to Residential Urban (RU) and to M change the General Plan Land Use designations of these properties from Commercial to Single- Family Residential. v 0 Assessor Parcel Numbers: 0143-181-09 and 0143-181-38 through -45 ti N_ OVERLAYS: 0 d High Wind Area R ENVIRONMENTAL FINDINGS: v a. ❑ Not Applicable ® Exempt from CEQA ❑ No Significant Effects ❑ Previous Mitigated Negative Declaration Q ❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: ® Recommend Approval to the Mayor and Common Council ❑ Conditions ❑ Denial ❑ Continuance to: Packet Pg.346 Page 2 DCA 13-04IGPA 13-03 November 20, 2013 f 3 PROJECT DESCRIPTION The City of San Bernardino, on behalf of the owners of the subject properties, requests approval of Development Code Amendment (Zoning Map Amendment) No. 13-04 under the authority of Development Code §19.74.050 to change the zoning designation of the subject property from Commercial General (CG-1) to Residential Urban (RU). It is further requested under the authority of Development Code §19.50.050 to change the General Plan Land Use designation of the site form Commercial to Single-Family Residential. SETTING& SITE CHARACTERISTICS Q P The project consists of one partially developed single-family lot located at 1400 W. Baseline Street with a vacant lot to the immediate north, and eight fully developed single-family lots located at 1339-1387 W. Reece Street. Table 1, below, describes the land use and zoning characteristics of the project area and surrounding properties. , M 9 LAND USE CHARACTERISTICS a a LOCATION ZONING GENERAL EXISTING LAND v PLAN LAND USE 9 USE a � U Subject Site Commercial Commercial Single-family residences °. General (CG-1) and vacant land North Residential Single-Family Single-family residences o Suburban(RS) Residential South CG-1 Commercial Single-family residences N U 0. c East CG-1 Commercial Retail and McDonald's E restaurant r w West CG-1 and RS Commercial and Single-family residences Single-Family Residential BACKGROUND • April 9, 2013, the City mailed letters to the affected property owners, inquiring as to whether they would support the subject rezoning of their properties. • May 29, 2013, the City mailed a second set of letters, this time in Spanish, with the same request. Packet Pg. 347 B.gfi,t� Page 3 DCA 13-04 1'GPA 13-03 November 20, 2013 • July 16, 2013 —Application for DCA 13-04/GPA 13-03 was officially submitted. • August 5, 2013 — the City mailed letters to the affected tribes regarding the proposed GPA,per the regulations set forth by SB 18. • November 4, 2013 — A legal advertisement was sent to the San Bernardino Sun Newspaper for publication on November 7, 2013. • November 7, 2013 —Notices to the property owners and residents within 500 feet of the exterior boundaries of the subject property were mailed, providing the nature of the request, location of the property, the date, time, and place of the Planning Commission meeting of November 20, 2013 for DCA 13-04/GPA 13-03 (Attachment D). • November 14, 2013 - Development/Environmental Review Committee (D/ERC) reviewed DCA 13-04/GPA 13-03 and moved on to the Planning Commission for L consideration. as CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed project is exempt from CEQA, Section 15061(b) (3), of the CEQA Guidelines, because the effect of the amendment would not result in a significant direct or reasonably a foreseeable indirect physical change in the environment. a ANALYSIS M a The City was approached by the representative of the property owner of the parcel located at o 1400 W. Baseline Street regarding the possibility of subdividing the lot to accommodate at least one additional single-family lot. However, the parcel is zoned Commercial General (CG-1). ti N Further analysis indicated that all of the parcels to the immediate east are also zoned CG-1; c however, they are all developed with single-family residences. It should be noted that Reece d Street is a residential cul-de-sac off of Mt. Vernon Avenue and will not be connected to Pico Avenue to the west. Both side of the street are developed with single-family residences, with the v properties on the north side of the street being zoned Residential Suburban (RS). Reece Street, a therefore, would not be conducive for commercial uses, unless all of the parcels between Reece Street and Baseline Street were consolidated to allow a larger commercial development with E primary access coming off of Baseline Street. However, the likelihood of that occurring in the foreseeable future is very low. On the other hand, since Baseline is an arterial street, there is a higher possibility that the lots directly fronting it may be redeveloped a commercial uses. a Therefore, to accommodate the customers' request, and to bring the zoning and land use designations of the project area into conformance with the existing development of the properties (which would result in the subject homes becoming conforming uses again), staff initiated the subject Zoning Map and General Plan Amendments. As noted above, in addition to the standard notification of the project by mailing a public hearing notice (Attachment D) and advertising the public hearing in the Sun, letters were sent in English and Spanish to the affected property owners. The property owners of 1355 Reece Street sent staff a letter in support of the project (Attachment Q. No further communication from the affected property owners or other parties, in favor of, or against,the project has been received. Packet Pg. 348 6.B.g Page 4 DCA 13-04IGPA 13-03 November 20, 2013 FINDINGS OF FACT GENERAL PLAN AMENDMENT 1. The proposed amendment is internally consistent with the General Plan, in that with the change of land use designation from Commercial to Single-Family Residential, the subject properties, which are currently developed as single-family residential uses, will be compatible with the new Single-Family Residential land use designation. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, in that the subject properties are developed as single- ' family residences, which will not change as a result of this application. Therefore, the public interest,health,safety,convenience and welfare will not be affected. 3. The proposed amendment would maintain the appropriate balance of land uses within the o CL, in that as noted in Finding #2, above, the subject properties are developed as single- family residences,which will not change as a result of this application. Therefore balance of a land uses will be maintained. �? O 4. The subject parcels are physically suitable(including,but not limited to, access,provision of T utilities, compatibility with adjoining land uses, and absence of physical constraints) for the U requested land use designation and anticipated land use development, in that the subject °. properties are developed as single-family residences, which will not change as a result of this application. The lots all have direct access from Reece Street, Baseline Street, or Pico Avenue. The subject properties are surrounded by similar single-family development to the r_ north, south and west, with small commercial businesses to the east. As noted above, it is C unlikely that the subject properties will be redeveloped into commercial uses in the foreseeable future and further, Reece Street functions as a residential collector street, rather N than a street to serve commercial uses. Therefore,the change in land use from Commercial to Single-Family Residential would bring the existing single-family residences into n conformance with the underlying land use designation. E Zoning_Map Amendment Findings o a 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 proposed rezone of the property from General Commercial (CG-1) to Residential Urban (RU) will be consistent with the General Plan, once the General Plan Land Use Map is changed from Commercial to Single-Family Residential, which is proposed to occur concurrently with this Zoning Map Amendment. 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 Packet Pg. 349 i 6.B.g . Page 5 DCA 13-04IGPA 13-03 0 November 20, 2013 site from CG-1 to RU will maintain the single-family residential development pattern of the subject properties and bring these properties into conformance with the Development Code. 3. The proposed amendment would maintain the appropriate balance of land uses within the Cam, in that as noted above,the change in zoning designation of the subject site from CG-1 to RU will maintain the single-family residential development pattern of the project area. Thus,the balance of land uses in the City will not be affected by this proposal. 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 d requested land use designation and the anticipated land use development. As noted in GPA finding 4, above, the project area is currently developed with single-family residences and this development will be maintained with this rezone, thus maintaining the land use compatibility of the land uses in the project area. Further, the properties take direct access from the adjacent streets, and the RU zoning designation is proposed to ensure the existing Cn Cn lots will meet the minimum required lot size for the zone. d A FINANCIAL IMPACT 0 There will be no direct financial impact on the General Fund as a result of this application. d U CONCLUSION ti Staff believes that the project proposal satisfies all Findings of Fact for approval of Development Code Amendment(Zoning Map Amendment)No 13-04 and General Plan Amendment No. 13- o 03. L RECOMMENDATION N U Staff recommends that the Planning Commission recommend to the Mayor and Common a Council approval of Development Code Amendment (Zoning Map Amendment) No 13-04 and General Plan Amendment No. 13-03 based upon the Findings of Fact contained in this Staff E Report. d Respectfully S*b/mi , Tony Stewart,AICP Acting Community Development Director Attachment A Existing Zoning/Aerial Maps Attachment B Proposed Zoning Map Attachment C Letter from the property owners of 1355 Reece St. in favor of project Attachment D Public Hearing Notice Packet Pg.350' 6.B.h ATTACHMENT A - AERIAL MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: DCA 13-041GPA 13-03 LOCATION MAP NORTH HEARING DATE; 11120113 L 4/ Q� U U U a t9 0 I r: flu O Project Site N fSf �L d � Q Q t O �F+ U O J C O s ca 1 Q C Gf t R Q Packet Pg.351 ATTACHMENT A - EXISTING ZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: DCA 13-041GPA 13-03 LOCATION MAP NORTH HEARING DATE: 11120113 L .F� Cn d V NNd Lf� 1 0 0143 145.28 0143-1 _ M U4,0 o 1 2 A W ItJIr! 1-5G taa w 2 014 3 3145 0 1 OU3.14643 6r4a�i fit fit" Q — — (� 124 .... W 13TH ST y � ttlaa 181"58 � �` r M 3-162-f8 12$3 zry a e3 4 # . ' ;iTA z t271 12¢} 6i43191"8Q ry i 1 ^r 6144-191-23 Q 3.18249 1275 0444491.5' 1288 6143-161-58 .. ° F �. r _ 3•t82.26 _ �,t�gi r+® rc a`s yy 1244 it" 4143-1a1e1 F4 WCEST t� 311U.22 _ W REECE ST $-162-23 C 1229 Pr of ect 'C 7-182-24 0 y21e N C to x W CL 1Il! ST W BASELINE ST c 0 0 p J 1171 1 6139476212 N i46Y' W ORANG_ T Z na � ' s S g � 1��' 1122 472 o ra 1Sc`T.? y .. 4 1,79{!61.23 04344' 1,22 ,ul .=4. 0135 D02-20 d E s v R w ..1 Q Packet Pg. 352