HomeMy WebLinkAbout2014-240 1 RESOLUTION NO. 2014-240
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING TENTATIVE PARCEL MAP 19533
4 (SUBDIVISON 14-08) AND CONDITIONAL USE PERMIT 14-10 TO SUBDIVIDE 4.66
5 ACRES AND CONSTRUCT AN AFFORDABLE 76-UNIT MULTI-FAMILY HOUSING
PROJECT WITH DENSITY BONUS UP TO 35% AND REGULATORY CONCESSIONS
6 FOR REDUCTIONS IN MULTI-FAMILY DEVELOPMENT STANDARDS AT THE
7 NORTHEAST CORNER OF 9TH STREET AND VALENCIA AVE. IN THE
8 RESIDENTIAL URBAN (RU) ZONE.
9
10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
11 THE CITY OF SAN BERNARDINO AS FOLLOWS:
12 SECTION 1. Recitals.
13 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the
14 City General Plan by Resolution No. 2005-362 on November 1, 2005; and
Is WHEREAS, Tentative Parcel Map 19533 (Subdivision 14-08) and Conditional Use
16 Permit 14-10 is a request to subdivide 4.66 acres and construct an affordable 76-unit multi-
17 family housing project with density bonus up to 35% and regulatory concessions for reductions
18 in multi-family development standards relating to off-street parking, private open space, and
19 common open space requirements, at the North East corner of 9th Street and Valencia Avenue in
20 the Residential Urban (RU) Zone; and
21 WHEREAS, on May 1, 2014, the Development/Environmental Review Committee
22 recommended that Tentative Parcel Map 19533 (Subdivision 14-08) and Conditional Use Permit
23 14-10 be found exempt from the California Environmental Quality Act (CEQA) pursuant to
24 Section 15332 of the CEQA Guidelines in that the submitted project plans and supporting data
25 indicate that there will be no significant adverse effects on the environment; and
26 WHEREAS, the Planning Commission conducted a noticed public hearing on May 21,
27 2014, in order to receive public testimony and written and oral comments on Tentative Parcel
28 Map 19533 (Subdivision 14-08) and Conditional Use Permit 14-10, and fully reviewed and
1
2014-240
1 considered the Planning Division Staff Report and the recommendation of the
2 Development/Environmental Review Committee; and
3 WHEREAS, the Mayor and Common Council held a noticed public hearing on June 16,
4 2014, and fully reviewed and considered proposed Tentative Parcel Map 19533 (Subdivision 14-
5 08) and Conditional Use Permit 14-10, and the Planning Commission and
6 Development/Environmental Review Committee recommendations and the Planning Division
7 Staff Report.
8 WHEREAS, the CEQA exemption has been reviewed by the
9 Development/Environmental Review Committee, the Planning Commission, and the Mayor and
10 Common Council in compliance with the CEQA and local regulations; and
11 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the
12 Mayor and Common Council that:
13 SECTION 1. Recitals.
14 The above Recitals are true and correct and are incorporated herein.
15 SECTION 2. EXEMPTION.
16 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
17 and Common Council that the proposed Tentative Parcel Map 19533 (Subdivision 14-08) and
18 Conditional Use Permit 14-10 will have no significant effect on the environment, and the
19 exemption heretofore prepared by the Development/Environmental Review Committee as to the
20 effect of this proposed Tentative Parcel Map and Conditional Use Permit is hereby ratified,
21 affirmed and adopted.
22 SECTION 3. TENTATIVE PARCEL MAP NO. 19533 (SUBDIVISION 14-08)
23 Tentative Parcel Map 19533 (Subdivision 14-08) is hereby approved based upon the
24 Findings of Fact contained in the Staff Report to the Mayor and Common Council dated June 16,
25 2014, and subject to the Amended Conditions of Approval as modified and recommended by the
26 Planning Commission on May 21, 2014, attached as Exhibit A and incorporated herein.
27 ///
28 ///
2
2014-240
1 SECTION 4. CONDITIONAL USE PERMIT 14-10
2 Conditional Use Permit 14-10 is hereby approved based upon the Findings of Fact
3 contained in the Staff Report to the Mayor and Common Council dated June 16, 2014, and
4 subject to the Amended Conditions of Approval as modified and recommended by the Planning
5 Commission on May 21, 2014, attached as Exhibit A and incorporated herein.
6 SECTION 5. NOTICE OF DETERMINATION
7 The Planning Division is hereby directed to file a Notice of Determination/Exemption
8 with the County of San Bernardino, certifying the City's compliance with the California
9 Environmental Quality Act.
10 ///
11
///
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
2014-240
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING TENTATIVE PARCEL MAP 19533 (SUBDIVISON 14-08)
2 AND CONDITIONAL USE PERMIT 14-10 TO SUBDIVIDE 4.66 ACRES AND CONSTRUCT AN
AFFORDABLE 76-UNIT MULTI-FAMILY HOUSING PROJECT WITH DENSITY BONUS UP
3 TO 35% AND REGULATORY CONCESSIONS FOR REDUCTIONS IN MULTI-FAMILY
4 DEVELOPMENT STANDARDS AT THE NORTHEAST CORNER OF 9TH STREET AND
VALENCIA AVE. IN THE RESIDENTIAL URBAN(RU)ZONE.
5
6
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the
7 joint regular
Mayor and Common Council of the City of San Bernardino at a meeting
8
thereof, held on the 16th day of June , 2014, by the following vote to wit:
9
10
Council Members: AYES NAYS ABSTAIN ABSENT
11 MARQUEZ X
12 BARRIOS x
13 VALDIVIA X
14 SHORETT X
15 NICKEL X
16 JOHNSON X
17 MULVIHILL X
18 -''
19 C ' -
20
Georgea Hanna, City Clerk
21 The foregoing Resolution is hereby approved this �� day of June
22 2014.
23
24 i/,.4 .►%
-
R. CAR DAVIS, Mayor
25 Approved as to form: City of n Bernardino
GARY D. SAENZ
26 City Attorney
27
28
By:
4
2014-240
MEMORANDUM OF WAIVER
This Memorandum of Waiver ("Memorandum") is made on June 16, 2014 by The
Housing Authority of the County of San Bernardino, a public body, corporate and politic
("Landowner"), with respect to the following matters:
A. On February 18, 2014, Landowner and the City of San Bernardino ("City")
entered into a development agreement ("Development Agreement") with regard to certain
improved residential real property located in San Bernardino which is commonly known as
Waterman Gardens ("Existing Project").
B. Concurrent with entry into the Development Agreement, the City also approved
Conditional Use Permit No. 11-13 ("Conditional Use Permit") and Tentative Tract Map
No. 18829 ("Tentative Tract Map") to facilitate development of the Existing Project.
C. Pursuant to the Conditional Use Permit, the Tentative Tract Map and the
Development Agreement, Landowner was approved and has the legal right to demolish certain
existing improvements and construct a four hundred eleven (411) unit residential development
consisting of seventy-three (73) senior citizen units, eighty-six (86) market-rate units and two
hundred fifty-two (252) low income units.
D. Landowner or its developer ("Developer") is also developing a nearby residential
development at 9th Street and Valencia Avenue in San Bernardino ("Adjacent Project"), which
will include seventy-five (75) low income units. Developer intends the construction and
operation of such seventy-five (75) low income units at the Adjacent Project to reduce the
number of low income units that will be constructed and operated at the Existing Project by
seventy-five (75). Accordingly, the purpose of this Memorandum is to document Landowner's
waiver of the right to build more than one hundred seventy-seven (177) low income units at the
Existing Project and Landowner's agreement to approve an amendment to the Development
Agreement confirming Landowner's waiver.
NOW THEREFORE, conditioned only on construction and operation of the Adjacent
Property, Landowner hereby (1) waives its right to construct and/or operate more than one
hundred seventy-seven (177) low income units at the Existing Project; (2) from and after
completion of construction of the Adjacent Project, waives any existing or implied right to
reoccupy seventy-five (75) existing units at the Existing Project as low income units; and
(3) agrees to approve an amendment to the Development Agreement confirming Landowner's
waiver.
ACKNOWLEDGED: THE HOUSING AUTHORITY OF THE
COUNTY OF SAN BERNARDINO, a public
CITY OF SAN BERNARDINO bod corporate and politic
By: y:
Name: Allen J. Parker _ Name: Daniel J. Nac erman
Its: City Manager Its: President/CEO
Memorandum of Waiver 002
N276-000--1374429.1
2014-240
MEMORANDUM OF WAIVER
This Memorandum of Waiver ("Memorandum") is made on June 16, 2014 by The
Housing Authority of the County of San Bernardino, a public body, corporate and politic
("Landowner"), with respect to the following matters:
A. On February 18, 2014, Landowner and the City of San Bernardino ("City")
entered into a development agreement ("Development Agreement") with regard to certain
improved residential real property located in San Bernardino which is commonly known as
Waterman Gardens ("Existing Project").
B. Concurrent with entry into the Development Agreement, the City also approved
Conditional Use Permit No. 11-13 ("Conditional Use Permit") and Tentative Tract Map
No. 18829 ("Tentative Tract Map") to facilitate development of the Existing Project.
C. Pursuant to the Conditional Use Permit, the Tentative Tract Map and the
Development Agreement, Landowner was approved and has the legal right to demolish certain
existing improvements and construct a four hundred eleven (411) unit residential development
consisting of seventy-three (73) senior citizen units, eighty-six (86) market-rate units and two
hundred fifty-two (252) low income units.
D. Landowner or its developer ("Developer") is also developing a nearby residential
development at 9th Street and Valencia Avenue in San Bernardino ("Adjacent Project"), which
will include seventy-five (75) low income units. Developer intends the construction and
operation of such seventy-five (75) low income units at the Adjacent Project to reduce the
number of low income units that will be constructed and operated at the Existing Project by
seventy-five (75). Accordingly, the purpose of this Memorandum is to document Landowner's
waiver of the right to build more than one hundred seventy-seven (177) low income units at the
Existing Project and Landowner's agreement to approve an amendment to the Development
Agreement confirming Landowner's waiver.
NOW THEREFORE, conditioned only on construction and operation of the Adjacent
Property, Landowner hereby (1) waives its right to construct and/or operate more than one
hundred seventy-seven (177) low income units at the Existing Project; (2) from and after
completion of construction of the Adjacent Project, waives any existing or implied right to
reoccupy seventy-five (75) existing units at the Existing Project as low income units; and
(3) agrees to approve an amendment to the Development Agreement confirming Landowner's
waiver.
ACKNOWLEDGED: THE HOUSING AUTHORITY OF THE
COUNTY OF SAN BERNARDINO, a public
CITY OF SAN BERNARDINO bod corporate and politic
By: y:
Name: Allen J. Parker _ Name: Daniel J. Nac erman
Its: City Manager Its: President/CEO
Memorandum of Waiver 002
N276-000--1 374429.1